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with the Commentary of Medhatithi

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Discourse I - Origin of the Work;

Creation of the World;

Summary of Contents of the Book.

 

VERSE 1.1 [Question of the Sages]

Section I - Question of the Sages

 

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

 

मनुमेकाग्रमासीनमभिगम्य महर्षयः ।
प्रतिपूज्य यथान्यायमिदं वचनमब्रुवन् ॥१॥

manumekāgramāsīnamabhigamya maharṣayaḥ |
pratipūjya yathānyāyamidaṃ vacanamabruvan ||1||

 

The Great Sages, having approached Manu, paid their respect to him in due form, and finding him seated with mind calm and collected, addressed him these words — (1).

 

Medhātithi’s commentary (manubhāṣya):

Salutation to the Supreme Brahman! His real character can be known only from the Vedānta texts; He is the cause of the three worlds; and He destroys all evil.

The first four verses describe the fact of the treatise being the work of a highly qualified author, and of its providing instructions bearing upon such ends of man as are not knowable by means of any other source of knowledge; and this is done for the purpose of indicating its importance (and raising it in the estimation of men). When a treatise has secured high position in the estimation of men, its author obtains fame, and also heaven; and both these continue to exist as long as the world exists. A scientific treatise, has its position established only when people engage in studying, in listening to lectures on, and in pondering over, it. Intelligent persons cannot undertake the said study, etc., until they have satisfied themselves as to the purposes served by them. It is for this reason that, the Teacher has composed the four verses with a view to point out that the Treatise is put forth for the purpose of making known the means of accomplishing the ends of man.

It would not be right here to argue as follows: — “Even without the purpose of the Treatise being stated at the very outset, we could easily ascertain what that purpose is, by examining the several parts of the Treatise going to be propounded; what then is the use of making an effort to describe that purpose? Further, even if the purpose is stated at the very outset, one cannot bo sure of it until be has fully examined the subsequent portions of the Treatise; as a matter of fact, all the assertions that a man may make do not always bring conviction. Nor is it necessary that every undertaking must be preceded by the knowledge of purposes served by it; for instance, we find pupils undertaking the study of the Veda, without knowing beforehand the purposes to be served by that study. In the works of human authors also, the practice of stating the purpose is not always followed. For instance, the revered Pāṇini begins hi s Sutras with the words ‘Now follows the teaching of words,’ without having stated the. purpose to be served by his treatise.”

Our answer to the above is as follows: — Unless people have ascertained the purpose served by a particular Treatise, they would not, in the first place, take it up at all; and unless they take it up, how could they examine the whole of it? Then again, that same idea which is got at by the examination of the entire Treatise, becomes more easily comprehended if it has been briefly indicated in the beginning. It is with reference to this that there is the assertion that — ‘in ordinary experience, the learned always consider it desirable to carry ideas in their minds briefly as well as in greater detail.’

As regards the argument that — “even when the purpose has been stated there can be no certainty about it, for the simple reason that we do not derive conviction from the words of human beings, — in whose oase the idea that we have is that this man knows the matter as he says, and not that the fact is really as he asserts,” — our answer is that we do not quarrel over the question as to whether the words of human beings do, or do not, bring about conviction; because discussion over this question would swell the size of our work. But as a matter of fact, even though it is possible for a man to have recourse to a certain course of action, even when he is in doubt as to the exact purpose served by it, — yet until there is some statement as to the purpose served by a particular action, even doubts could not arise in regard to it. In fact, if some statement had not been made in regard to the purpose to be served by the present Treatise, the doubt that would arise in men’s minds would be (not as to whether or not it was going to serve any useful purpose, but) as to whether it is a treatise on Law or on Economics, or an aimless attempt in the nature of an examination of such subjects as the ‘Crow’s teeth’ and the like. On the other hand, when the aim of the work has been stated, the idea arising in our minds is — ‘the author of this work asserts that he is going to show us the path leading to our welfare, — there is no harm done by our undertaking the study of the work, — well, let us look into it’; and forthwith we take up the work.

Next as regards the case (cited by the opponent) of pupils taking up Vedic study (without being told of the exact purpose to be accomplished thereby), — the fact of the matter is that the action of the pupil is due to his being urged to it by his Teacher, and not to his recognition of the fact that if behoves him to take up the study (for the accomplishment of any purpose of his own); in fact being quite a child at the time (of beginning Vedic study), it is not possible for him to have any idea as to his being entitled to the study (by virtue of his having an aim that could be served only by that study); and his activity, therefore, is brought about entirely by the direction of another person (his Teacher); who does not bewilder him by pointing out to him that he is entitled to take up the study; and when once the boy has taken up Vedic study (entirely under advice of his Teacher), the motive for further study is provided by the desire to know the meaning of the Vedic texts studied; and thus the study continues to be carried on. [This is the case with the study of the Veda.] As regards the study of the present Treatise (on Law), only such persons are entitled to it as have already studied the Veda, as is clearly indicated by the text — ‘the twice-born person who, without having studied the Vedas, devotes his energies to other subjects [becomes a Shudra]’ (Manu, 2.168); and by that time the pupil has his intelligence aroused, and consequently seeks to know wbat purpose is to be served by any further action that he is going to undertake.

As regards the revered Pāṇini, his aphorisms are extremely brief; so that there is no possibility of their having any other meaning (or serving any other purpose) than the one directly expressed by them; and further, the fame of Pāṇini is well known to even the smallest boy; so that the purpose served by his work is too well known to need reiteration. The present treatise (of Manu) on the other hand is on an extensive scale, abounding in several (commendatory and condemnatory) ‘Descriptions,’ and it helps in the accomplishment of all human ends; so that if its aim is stated in easily intelligible words, there is no harm done.

Of enquirers (and students) there are two classes, — one following reasoning, and another following tradition. The former of these take up the study of Manu; because they know the importance and greatness of the author and his work from such texts as — ‘whatever Manu said is wholesome’ (Kāṭhaka, 11.5), and ‘Manu has said all that has been said in the Ṛgveda, the Yajurveda, the Sāmaveda and the Mantras of the Atharva, as also by the Seven Great Sages.’ And those of the latter class undertake it merely under the influence of the tradition, the source of which they have carefully investigated — that the treatise has been composed by Prajāpati himself. And for the sake of such persons, the mentioning of the name of the Author also is a factor leading to action (towards s tudy).

It is for these reasons that we have here the laying out of the aim of the Treatise, in the form of question and answer: The Great Sages are the questioners, Prajāpati is the expounder, and the subject is Dharma, which being not amenable to the ordinary means of knowledge, can be known only from the Śāstras (Scientific Treatises), — it is so difficult that even the Great Sages have doubts in regard to it. That Prajāpati is the actual expounder is indicated by the words of the text itself, which says — being questioned by them,’ and not ‘I, being questioned by them’; and of himself again Manu speaks (12.123) as being the natural image (representative) of Brahmā. Thus an effort is necessary for the expounding of the Law. Such is the sense of the first four verses.

In what manner the present Treatise is made up of Instructions bearing upon the ends of man we shall show by the interpretation of the words of the text.

Now, in the text we have tho declarations — (l) ‘the Great Sages, having approached Manu, said to him — ‘do please expound to us the Duties of Man,’ and (2) ‘being thus questioned by them, He said — ‘listen’; and these two — the question and its answer — in their import, are expressive of the one idea that the Treatise expounds the Dharmas; (he word ‘Dharma’ is in common parlance used in the sense of that means of accomplishing one’s good which is not cognisable by any of the ordinary means of knowledge, with the sole exception of ‘word.’ Hence when it is said ‘listen to Dharma,’ what is meant is that what is going to be expounded is conducive to the fulfilment of the higher ends of man.

‘Manu’ is the name of a particular person known, in long-continued tradition, as having studied several Vedic texts, as knowing their meaning and as practising the precepts therein contained; — ‘Eating approached’ him, i.e., having gone forward near him, intentionally, giving up all other actions, and not by mere chance, having met with him the special effort made by the Sages to get near Manu shows the importance of the subject-matter of their question, as also the authoritative and trustworthy character of the expounder; a man who is not capable of rightly expounding a subject is never questioned by persons going up to him for that purpose. — ‘Whose mind was calm and collected’ — ‘Seated with mind calm and collected,’ — i.e., whose mind was in a tranquil state; and it does not mean ṭhat he was actually seated upon a mat, or some such seat; os there would be no point in stating this; in fact the word ‘seated’ merely connotes calmness; it is only when one’s mind is calm that he is capable of answering questions. — ‘Having approached’ — has for its object simply ‘Manu’; ‘seated with mind calm and collected’ being an adverbial clause modifying the act of ‘questioning’ (by the sages). The sense of the sentence thus is — ‘they said to him the following words, on finding, from the manner in which he engaged into conversation with them in making enquiries about their welfare, that his mind was not preoccupied, but calm and collected, and he was therefore attentive to their questioning.’

The term ‘ekāgra,’ by ordinary usage, connotes what is meant by (he term is steadiness of the mind, it being concentrated upon the contemplation of the knowledge of truth, following upon the cessation of all doubts and illusions of the person in whom the contact of all defects of passion and the like is set aside by inhibition. It is only when one h as his mind in this condition that he is capable of apprehending sound and other objects that lie within reach of his senses; which is not the case when he is in doubt as to the object being a real entity or otherwise. — Or, etymologically the term ‘agra’ denotes the mind, by reason of the fact that in the act of apprehending things it is the Mind that goes before (agragāmi) the Eye and other sense-organs; and in ordinary parlance that which acts first or goes ahead, is called ‘agra’; — so that the compound ‘ekāgra’ is to be expounded as ‘he who has his agra, or Mind, fixed upon one perceptible object’; there being nothing incongruous in a Bahuvrīhi Compound being taken, if its sense demands it, as referring to things that are not co-existent. By this explanation also ‘ekāgra’ connotes absence of distraction.

‘Saving paid their respects in due form’ — ‘Due form’ stands for the rule prescribed in the scriptures; and they did not transgress any such rule; the scriptures have laid down the rule that on first approaching his Teacher, the pupil should offer his obeisance, attend upon him, and so forth; and it was in this prescribed manner that the sages paid their respects to Manu; which means that they showed due devotion and respect.

The great sages. — The word ‘ṛṣi’ means the Veda; and the word ‘ṛṣi’ is applied also to a person, by virtue of his possessing excellent knowledge of the Veda and all that is prescribed therein and acting up to these. The Ṛṣis, sages, who approached Manu, were great; the said persons become ‘great,’ when the above-mentioned qualities become developed in them to a very high degree; just as Yudhiṣṭhira is called the ‘greatest of the Kurus’ (because he possessed, jn a very high degree, the qualities that distinguished the members of the Kuru-race). — Or the sages may be regarded as ‘great,’ by virtue of their superior austerities, or of the great respect and fame enjoyed by them.

‘They addressed these words’ — ‘Vacana’ is that by which something is spoken of; this refers to the question formulated in the second verse; these being the nearest ‘words’ are what are referred to by the pronoun ‘these.’ Some people have held that the pronoun ‘this’ always refers to something directly perceived at the time; for these people also the question may bo regarded as ‘perceived,’ on account of its being present in the mind. — Or ‘vacana,’ may mean that which is spoken of; and in that case it would stand for the subject-matter questioned about. If it be taken as referring to the sentence (and, not to the subject-matter), then the meaning would be that ‘they pronounced this sentence.’ — If the term ‘vacana’ means that which is spoken of, the sense is that ‘they asked the following question’; and in that case the verb ‘abruvan,’ ‘addressed,’ would have two objects, — ‘Manu’ being the indirect object. In fact, Manu is the object of all the three verbs in the sentence (approach, pay respects to and address). — (1).

 

Explanatory notes:

‘Pratipūjya’ — has been taken by Kullūka to mean also after mutual salutations’; and be has taken ‘yathānyāyam’ with ‘abravīt.’ Sarvajñanārāyaṇa takes it to mean ‘pratyekam pūjayitvā’, having honoured them severally’.

Medhātithi (p. 1, 1. 18) curiously ascribes the assertion ‘atha śabdānuśāsanam’ to Pāṇini, not to Patañjali.

P. 2, 1. 4 — appears to favour the Prābhākara view in regard to the Śastrārambha (vide Prabhākara-Mīmāṃsa). But on p. 73, 1. 20, the Bhāṭṭa view is also accepted.

P. 2, 1. 12. — ‘Whatever Manu said &c.,’ — This text occurs in several Saṃhitas in varying forms, where it refers to the secred (sacred?) texts ‘seen’ by Manu. But there is nothing to prevent the deduction being drawn that tins declaration proves the antiquity of the ‘Law of Manu’, though it need not be exactly in the form in which it has been handed down to us by Bhṛgu and his pupils.

P. 2, 1. 13. — ‘Manu has said &c.’ — “ṛco yajūṃṣi” &c. — The second half of this verse is quoted by Bidder (XIV) as “maharṣibhistu tatproktaṃ smārtaṃ tu manurabravīt”, and translated as ‘the Vedas were proclaimed by the great sages, but the Smārta, or traditional lore, by Manu.’ It is strange that Buhler did not notice that such a statement as this would not add very much to Manu’s claims to exceptional honour. The right reading of the verse is, as we find in the printed texts of Medhātithi, saptarṣibhistu yatproktaṃ tu(?) sarvammanurabravīt,’ ‘the Ṛk verses......... and all that has been declared by the seven sages, — all this has Manu expounded’. This would mean that the work of Manu contains all the teachings that had gone before him.

P. 3, 1. 11. — ‘Having paid their respects’, &c. — pratipūjyā yathānyāyam — The commentaries on this expression throw a curious light on their own relative antiquity: Medhātithi explains it simply as — yādṛśī śāstreṇābhivādanopāsanādikā guroḥ prathamopasarpaṇe pūjā vihitā tathā pūjayitvā — and he does not seek to Emphasise and explain the anomaly involved in the teacher being a ‘Kṣatriya’ and the questioners ‘Brāhmaṇas’, and the latter offering pūjā to the former. Kullūka has tried to tone down the anomaly by explaining pratipūjya as pūjitāḥ santaḥ pūjāṃ kṛtvā — ‘They offered the pūjā after they had themselves received the pūjā due to themselves;’ and Rāghavānanda goes a step farther and explains as yathānyāyam as “nyāpo'tra kṣatriyeṣu brāhmaṇādīnāṃ na namaskāraḥ kintu vākapūjā |”

P. 3, 1. 13. — ‘The word ṛṣi means the Veda’ — The word ‘ṛṣi’ is explained by Medhātithi as a synonym for the Veda, and in his Bhāṣya on verse 11 below he actually uses the word in that sense. According to him the term primarily denotes the Veda, and only secondarily the person who possesses special knowledge of the Veda.

P. 2, l. 23 — ‘Dharmaśabdaśca — This is a paraphrase of Jaimini’s definition codanālakṣaṇo'rtho dharmaḥ

 

 

VERSE 1.2

Section I - Question of the Sages

 

भगवन् सर्ववर्णानां यथावदनुपूर्वशः ।
अन्तरप्रभवानां च धर्मान्नो वक्तुमर्हसि ॥२॥

bhagavan sarvavarṇānāṃ yathāvadanupūrvaśaḥ |
antaraprabhavānāṃ ca dharmānno vaktumarhasi ||2||

 

May Thou, O blessed One, explain to us, in due form and in proper order, the duties of all castes and intermediate castes! — (2).

 

Medhātithi’s commentary (manubhāṣya):

The second verse describes what the sages said to Manu, after having approached and worshipped him.

The term ‘bhaga,’ ‘blessings,’ is used for superiority, magnanimity, fame, strength and so forth; and ‘bhagavān’ is he who possesses all this; that is (in the present context) Manu; hence it is he who is addressed by the term ‘O blessed one.’

The term ‘caste’ is applied to the three castes, ‘Brāhmaṇa,’ ‘Kṣatriya,’ and ‘Vaiśya’ — the term ‘all’ has been added for the purpose of including the ‘Śūdra’; if this was not done, then, the question, emanating from the Great Sages (who represent only the three higher castes), would be restricted to the three castes only.

‘Intermediate’ means middle; from the mixture of two castes there arises another imperfect caste; those that are born out of those imperfect unions are the ‘intermediate castes,’ born in the natural order or the reverse; those known under the names ‘Mūrdhāvasikta,’ ‘Kṣattṛ,’ ‘Vaidehika’ and so forth (Vide, Manu 10.7 et. seq.), these could not be classed under the caste either of the mother or that of the father; just as the Mule born out of the union of the Horse and the Ass is a distinct species, it is neither the ‘horse’ nor the ‘ass’; — on this ground these would not be included under the ‘castes’; hence they have been mentioned separately.

Objection — “But the offspring of ṭhe union of castes mixed in the natural order is regarded as belonging to the caste of the mother.”

It is not so, we reply. From what is said under 10.6 as to these castes being ‘similar,’ it is clear that they are only ‘similar’ to the caste of the mother, and not quite the same as this latter. The functions of these intermediate castes also are such as can be learnt only from scriptures; they cannot be ascertained entirely from their natural inclinations (as in the case of lower animals); and in as much as these functions cannot be ascertained by the help of any other source of knowledge, they fall under the term ‘Dharma,’ ‘duties,’ and as such deserve to be expounded in the scriptures. Of the intermediate castes born of unions in the reverse order, such duties as ‘not harming others’ and so forth are going to be described (by Manu himself under 10.63). When they are spoken of as being ‘without any duties,’ the ‘duties’ meant are such as Observances, Fasts and so forth.

‘Yathāvat,’ ‘in due form.’ — The suffix ‘vati’ denotes propriety; the meaning being — ‘in the form in which performance would be proper.’ This ‘propriety’ also includes such details as — ‘this is compulsory, that is optional,’ ‘this is primary, that is secondary,’ as also rules relating to substance, place, time, agent and so forth.

‘Anupūrvaśaḥ,’ ‘in due order.’ — ‘Order’ means sequence; the meaning is — ‘please explain also the order in which the several duties have to be performed.’ The order meant is such as — after the performance of the ‘Birth-rite,’ come respectively ‘Tonsure,’ ‘Initiation’ and so forth. The phrase ‘in due form’ implies completeness in regard to subject-matter; ‘order’ does not form part of the subject-matter, hence the qualification ‘in due order’ has been added separately.

The word ‘dharma,’ ‘duty,’ is found to be used in reference to — (1) the injunction of what should be done, (2) the prohibition of what should not be done, — both these bearing upon transcendental purposes, — and also (3) action in accordance with the said Injunctions and Prohibitions. Whether the denotation of the term applies equally to both, or it applies primarily to one only, and to another only secondarily, — this we do not discuss on the present occasion; and we have already discussed this in detail in another work (the Smṛtiviveka), and it has no direct bearing on the present context. In any case, when it is declared that the Aṣṭakās should be performed,’ what is clearly understood is the propriety of performing in relation to the Aṣṭakāt; and when it is declared that ‘the meat of the animal killed by a poisoned arrow should not be eaten,' what is dearly understood is the impropriety of performing in relation to the eating of the said meat. Whether the action of the Aṣṭakā is regarded as ‘duty,’ or the propriety of performing that act, — it does not make any difference in the ultimate result. And when the form of ‘duty’ has been duly expounded, that is contrary constitutes ‘Adharma’ (sin) follows naturally by implication. Thus what is meant is that ‘Dharma,’ ‘Duty,’ as also ‘Adharma,’ ‘sin,’ both form the subject-matter of the scriptural treatise: the performance of the ‘Aṣṭakā’ is a Duty, as also is the avoidance of Brāhmaṇa-murder’; the non-performance of Aṣṭaka’ is a sin, as also is the performance of Brāhmaṇa-murder’; such is the distinction (between ‘Duty’ and ‘Sin’ as described in the scriptures).

‘Arhasi,’ ‘may you’ — indicates ability in the shape of possessing the requisite capacity; and as such expresses the fact of the teacher being a lit and proper person for the expounding the duties; the sense being — ‘in as much as you are fully able to expound the Duties, hence you are a fit and proper person for that work, — ns such you are entreated by us to explain to us the said Duties’; it follows by implication that when a man is a fit and proper person for doing a certain act, that act should be done by him. The term of entreaty ‘do please explain to us’ is supplied from without. — (2)

 

Explanatory notes:

‘O blessed one,’ bhagavan — The title bhagavān means ‘one who possesses Bhaga.’ What ‘bhaga’ stands for is thus described in the Viṣṇupurāṇa quoted by Kullūka — ‘Bhaga is the name for the following six — (1) full sovereignty, (2) strength, (3) fame, (4) glory, (5) knowledge and (6) freedom from passion.’

‘Intermediate castes,’ antaraprabhavān — This refers to the ‘mixed castes’ described under Discourse 10.

P. 3, l. 24 — For manuḥ J reads manoḥ which would be construed with sambodhanam.

P. 3, l. 25 — for jñātiṣu (l. 25) J and Mand. lightly read jātiṣu.

P. 4, l. 3 — Those castes being similar &c. sadṛśāneva tānāhu: — This is Manu, 10. 6, where Medhātithi says — te sadṛśā eva jñeyāḥ, natajjātīyāḥ......tatsadṛśagrahaṇāt mātṛta utkṛṣṭāḥ pitṛto nikṛṣṭāḥ — ‘They should he regarded as equal to, not of the same caste as, their fathers; what is meant is that they are superior to the mother, but inferior to the father.’

P. 4, l. 14 — ‘In another work,’ granthāntare — Does this refer to the author’s Smṛtiviveka from which he has quoted in his comments on 2. 6 below?

Medhātithi does not attach much importance to the account of creation here provided. In more than one place he says that the whole of Adhyāya I is ‘mere Arthavāda.’ In his comments on verse 5, for instance, he says that the process described is in some places in accordance with the account found in the Purāṇas, and in others, in accordance with the tenets of the Sāṅkhya system of philosophy; and that no attention need be paid to this, as it has no direct bearing upon Dharma. Again under verse 9, he says that as this subject does not form the real subject-matter of the treatise, no attention need he paid to what the author says on it.

 

 

VERSE 1.3

Section I - Question of the Sages

 

त्वमेको ह्यस्य सर्वस्य विधानस्य स्वयम्भुवः ।
अचिन्त्यस्याप्रमेयस्य कार्यतत्त्वार्थवित् प्रभो ॥३॥

tvameko hyasya sarvasya vidhānasya svayambhuvaḥ |
acintyasyāprameyasya kāryatattvārthavit prabho ||3||

 

Thou alone, O Lord, art conversant with what ought to be done, which forms the true import of this entire Veda — which is eternal, inconceivable and not directly cognisable. — (3)

 

Medhātithi’s commentary (manubhāṣya):

At this stage the following question arises — “It has been said that the term ‘Duty’ is used in the sense of only that activity which tends to accomplish a transcendental purpose; and such activity may consist in the performing of the Aṣṭakā, as also in bowing to Caityas and such other acts (prescribed in the heterodox scriptures); and what sort of Duties is going to be expounded in the present Treatise?”

In answer to this we have the third verse, which serves the purpose of pointing out what Duties are going to be expounded and also of further indicating the aptitude of Manu already mentioned.

‘Thou alone’ — without any one to help you; without a second.

‘Sarvasya vidhānasya kāryatattvārthavit.’ — The term ‘Vidhāna,’ meaning that by which acts are enjoined, stands for the scripture; — it is called ‘svayambhu’ in the sense that it is eternal, not a product, not the work of man; and its name is ‘Veda’; — ‘entire’ i.e., including the text which is directly found in the Veda, as also that the exact words of which are only inferred; for instance, (a) in the text — ‘one should perform the Agnihotra, it pertains to thousand men, — by means of this verse one should worship the Āhavanīya’ — we have the Veda directly enjoining what is to be done; the term ‘by means of this,’ ending as it docs with the instrumental case-termination, serving to point out the employment of the mantra-text directly quoted; — (b) while in the case of the injunction ‘the Aṣṭakās should be performed,’ which is found in the Smṛti, we infer, on the strength of this Smṛti, the corresponding Veda text; — similarly, when we read the Mantra-text, ‘I am chopping grass, the seat of the Gods,’ we at once infer, on the basis of the indicative power of the words of that text, the Vedic injunction that ‘the said text is to be employed in the chopping of grass this Mantra is found in that section of the Veda which deals with the Darśa-pūrṇamāsa sacrifice, and the chopping of grass is laid down as to be done in course of that sacrifice; but there is no such direct injunction as that ‘the chopping should be done with such and such a Mantra and the above-mentioned Mantra-text is found to be capable, by its very form, of indicating the chopping of grass; while as regards its being connected in a general way, with the sacrifice, this follows the fact of its occurring in the same ‘context’ as the injunction of that sacrifice; and it is by virtue of its own indicative force that it comes to be employed in the chopping of grass. The idea arising in the mind of the student (on noticing the above facts) is as follows: — ‘From the context it follows that the Mantra-text in question should be used in the performance of the pūrṇamāsa sacrifices; — how is this to be done? — well, the natural answer is that it is to be used in the manner in which it is capable of being used; the capacity of a thing, even though not directly mentioned, always help., in determining its use; — what then is the Mantra-text capable of doing? — it is capable of indicating the chopping of grass; — hence from the context, and from the capability of the Mantra itself, it follows that it should be employed in the chopping of grass’; — as soon as this idea has been arrived at, the corresponding words, ‘by this Mantra the chopping of grass should be done,’ present themselves to the mind; because as a matter of fact, every concrete conception is preceded by the corresponding verbal expression. The said verbal expression, thus presenting itself to the mind, is called the ‘inferred Vedic text.’ The Text thus inferred is regarded as ‘Veda,’ by virtue of the fact that it owes its existence to the force of two other Vedic texts — viz., the text laying down the Darśapūrṇamāsa and the Mantra-text referred to above. Such is the opinion of Kumārila.

Or, the term ‘vidhāna’ may be taken as equivalent to ‘vidki’, meaning actual operation, the accomplishment of purpose; this is called ‘svayambhu’ in the sense that it is eternal, i.e., handed down by beginningless tradition, — or that it is prescribed in the eternal Veda; — ‘entire’ — i.e., what is prescribed in the directly available verbal texts, and what is only implied by the force of what is directly expressed by the words of the texts. The Vedic injunction is of two kinds: — (a) There is one kind of injunction which is directly expressed by the words; e.g., ‘desirous of Brahmic glory, one should offer the Saurya-Caru’; here what is expressed is that one who desires Brahmic glory is the ñt and proper person to offer the Saurya-Caru; and when one proceeds to secure Brahmic glory by means of the said offering, he learns that the procedure of the offering is analogous to the Āgneya offering (which is the archetype of all Caru-offerings). In both these cases the idea got at, being derived from the words of the texts, is regarded as ‘derived directly from words;’ though the former is derived directly from the words and the latter from what is ‘expressed by the worlds,’ yet, this difference, due to the removal of the latter by one step, does not deprive it of the character of ‘being derived from words.’ For instance, when the water in the pool is struck by the hand, and it in its turn strikes against some other place; and yet this latter place is regarded as being struck by the hand, though not directly; similarly when pieces of rubber are thrown down, they rise and fall, and all the subsequent acts of rising and falling are the indirect effects of 'the first downward impulse imparted to them. Exactly analogous is the case of the injunctions in question: Every ectypal sacrifice is related to a particular form of procedure (borrowed from its archetype). Similarly when we meet with the injunction ‘one should perform the Viśvajit sacrifice,’ we argue that no injunction is possible except in reference to a fit and proper person capable of (and having a motive for) performing it, and hence come to the conclusion that the person so capable is one who desires Heaven; this idea being thus implied by the force of what is directly expressed by the words of the text. It is in view of this two-fold character of injunctions (and enjoined acts) that we have the term ‘entire.’ In fact the purpose of adding the epithet ‘entire’ is to indicate that Smṛtis have their source in the Veda. This we shall explain under Discourse II.

An objection is raised: —

“As a matter of fact, Vidhi is something in the form of what should be done, expressed by the injunctive and such other verbal expressions; and this, in all cases, must be directly expressed by actual words; under the circumstances, what do you mean by saying that there are two kinds of injunction, — that the term ‘one should offer’ denotes something to be done, and the procedure of the offering is indicated by implication in the manner described above?”

There is no force in this objection. As a matter of fact, in the case of the injunctive words ‘nirvapet,’ ‘should offer,’ ‘yajeta,’ ‘should sacrifice’ and the like, even though what is expressed by the verbal root itself may be comprehended, the full conception of what is to he done is not obtained until we have comprehended the other factors, — such as the character of the person fit for the performance, the procedure to be adopted, and the actual details of the act to be performed; it is only as equipped with all these factors that the Injunction becomes comprehended in its complete form. In view of this fact, there is nothing incongruous in regarding the said factors also as denoted by the Injunctive word.

This is what the text means by the epithet ‘achintya,’ ‘inconceivable’ — which means ‘not directly perceptible.’ What is directly perceived is said to be ‘apprehended,’ and not ‘conceived,’ or ‘remembred’ [so that if the Veda were something directly perceived, the epithet ‘inconceivable’ would have no force; things like the Veda can only be conceived of, and the Veda isnot even that].

‘Not directly cognisable;’ — i.e., that which has got to be assumed or inferred, as forming the source of several assertions made in the Smṛti;as a matter of fact, such Vedic texts are not perceived, hence it is called ‘not directly cognisable.’ — Or ‘not directly cognisable’ may he taken in the sense of incapable of having its extent exactly defined, by reason of its being very extensive; the Veda being divided into several rescensions, cannot be exactly defined by all persons; and on this account also it may be called ‘inconceivable;’ even in ordinary parlance, people are found to say — ‘what to say of others; this cannot be even conceived of.’ The mind can conceive of all things; but the Veda is so extensive that it cannot be conceived of even by the mind. Thus the two epithets (‘inconceivable’ and ‘not directly cognisable’) serve to indicate that the Veda is beyond the reach of the internal as well as the external organs of perception; i.e., it is very extensive; and this mention of the extensiveness of the Veda serves as an inducement to the Teacher; the meaning being — ‘it is you alone who have learnt the Veda which is so extensive, hence you alone are conversant with what ought to be done, which forms the true import of the said Veda.’

The term ‘Kārya,’ ‘what ought to be done,’ stands for the act to be performed; in reference to which the man is prompted to be the performer, (in such terms as) — ‘this should be done by you,’ ‘this should not be done by you,’ ‘the Agnihotra should be performed’ ‘the eating of the flesh of an animal killed by a poisoned arrow should not be done.’ Avoidance also is a kind of ‘acting;’ e.g., the ‘non-doing of Brāhmaṇa-murder’ constitutes the ‘performance’ or ‘acting’ of the avoidance (of Brāhmaṇa-murder). Activity is ‘acting;’ so is also ‘desisting from activity;’ and the name ‘acting’ is not restricted to only that which is accomplished by means of instruments and agents set in motion; in fact, when such ‘acting’ is possible, if one desists from it, this desisting also is ‘acting.’ For instance, when it is asserted that ‘the man who takes wholesome food lives long,’ what is meant is that the man who takes his food at the proper time, and who does not eat at the improper time; as desisting from eating is also ‘wholesome.’

Or, the word ‘Kārya’ may be taken as indicating the Injunction and the Prohibition; as these alone form the essence of the Veda; the other parts of it, which are merely descriptive of certain happenings, — such passages for instance as ‘he wept, and because he wept, he became known as Rudra,’ — are not true; they are not meant to be taken in their literal sense, they are meant to be construed along with an injunctive passage and serving the purpose of commending what has been laid down in that injunctive passage. For instance, the descriptive passage just quoted — beginning with ‘he wept’ and, ending with ‘there is weeping in his house within a year’ — is to be construed with the injunctive passage — ‘Therefore silver should not be placed on the grass;’ and being deprecatory of the placing of silver, it serves the purpose of commending the prohibition of that placing of silver. This is what is meant by the dictum — ‘the Veda is an authoritative source of knowledge in regard to what has to be accomplished, and not what is already accomplished and what is mentioned in the Arthavāda or Descriptive Passages is what is already accomplished; and what is already accomplished cannot be cognised as something to be done; what however is cognised is that the description is supplementary to some injunction; if then it were taken to be true in its own literal sense, it could not be supplementary to any injunction; and this would militate against the syntactical connection between the two passages — descriptive and injunctive; and so long as two passages can be taken as syntactically connected and constituting a single compound sentence, it is not right to take them as two distinct sentences. [The reverse process of taking the injunction as supplementary to the description would not be right; for] as a matter of fact, what is yet to be accomplished could not be subservient to what is already accomplished; specially because, if this were so (and the in junction itself were not literally true), then the Veda would contain no injunction of anything at all; and it would thereby cease to be an authoritative source of knowledge. This would involve the further incongruity, that we would have to deny the well-recognised fact of the injunctive and other words denoting injunction. It is with a view to all this that the revered Manu has declared ‘something to be done’ as the ‘essence’ of the Veda. Jaimini also in the Pūrvamīmānsā-Sūtra (1.1.2) — ‘Duty is that desirable tiling which is prescribed by the Vedic injunction’ — has distinctly declared that the Veda is an authoritative source of knowledge in regard to what is to be done.

The term of address ‘Lord’ has been used on the understanding that the personage addressed is well-known to be possessed of the capacity to expound duty, — such capacity being due to his being endowed with a high degree of knowledge of all things. The meaning thus is — ‘O Lord, may you, who are fully able to expound Duty, explain the Duties to us.’

Being thus questioned by means of the first three verses, he promised, in the following verse, what he was asked to do. (3)

 

Explanatory notes:

‘Vidhānasya svayambhuvaḥ’ — Buhler has translated this phrase to mean ‘the ordinance of the self-existent’, — evidently taking ‘Svayambhuvaḥ’ as standing for God. This, however, is incompatible with the interpretation of all the commentators, according to whom ‘Svayambhuvaḥ’ is in apposition to ’Vidhānasya’, — the phrase meaning the ‘self-existent ordinance’, ‘the Eternal Law’ (the Veda). Burnell is more to the point when he renders it as ‘self-existent system.’ Medhātithi (p. 5) has suggested another explanation — ‘activity handed down by immemorial tradition.’

‘Aprameyasya’ — Though other commentatoss are satisfied with rendering this epithet as meaning ‘unfathomable,’ Medhātithi imparts to it a special significance by explaining it as ‘not directly knowable, but to be inferred, as the foundation of the Smṛti.’

‘Kāryatattvārtha’ — ‘the purport and nature of the soul’ (Kullū.) — ‘the true purport’ (Medhātithi, Govinda and Nandana)

It is noteworthy that Medhātithi has supplied, under verse 11 below, a totally different explanation of this verse.

 

 

VERSE 1.4 [Manu’s Answer]

Section II - Manu’s Answer

 

स तैः पृष्टस्तथा सम्यगमितोजा महात्मभिः ।
प्रत्युवाचार्च्य तान् सर्वान् महर्षींश्रूयतामिति ॥४॥

sa taiḥ pṛṣṭastathā samyagamitojā mahātmabhiḥ |
pratyuvācārcya tān sarvān maharṣīṃśrūyatāmiti ||4||

 

Being thus questioned by the high-souled Great Sages, he, possessed op illimitable vigour, received them with reverence, and with proper courtesy answered them — ‘listen.’ — (4)

 

Medhātithi’s commentary (manubhāṣya):

‘He’ — Manu — ‘possessed of illimitable being thus questioned by the high-souled Great Sages, answered them — “Listen.”’

‘Thus’ — in the aforesaid manner; the word ‘thus’ which denotes method, includes the matter as well as the manner of the question; hence ‘thus questioned’ means ‘thus questioned, i.e., questioned about Duties — he answered.’

Or, the word ‘thus’ may be taken as denoting manner only. As a matter of fact, however the word ‘questioned’ already brings to the mind the details (matter as well as manner) of what has been questioned about; hence the meaning is — ‘what he was questioned about, that he answered thus the question and the answer come to have the same objective.

Under this explanation the word ‘thus’ become super fluous, and only serves the purpose of filling the gap in the metre. Under the former explanation however, the word ‘thus’ itself serves the purpose of showing that the ‘questioning’ and the ‘answering’ have both the same objective.

The word ‘Samyak,’ ‘with proper courtesy,’qualifies the answering: ‘he answered with proper courtesy’ — i.e., gladly, not with anger or any other form of displeasure.

‘Possessed of inimitable vigour’ — with undiminished power of speech; he whose vigour,’ power, capacity of exposition, is ‘illimitable,’ infinite.

The epithet ‘high-souled,’ serves to show that there is no incompatibility in the persons being ‘Great Sages,’ and at the same time ‘questioners’ (as if they themselves did not know what they were asking about); hence it is said ‘he answered the Great Sages.’ It is the philanthropic person that is called ‘high-souled,’ hence the meaning is that though they themselves knew all about Duties, — otherwise they would not be ‘Great Sages,’ — yet they questioned Manu for the benefit of other people; the idea in their minds being as follows — ‘Manu is a Sage whose authoritative character is better known, — what he says is always respected by people, — he is always approached with trust and confidence, — hence for the expounding of the treatise, we shall make him our Teacher’, — and when he is questioned by us, he will be regarded by the people as still more trustworthy.’

It is this explanation that justifies the statement in the text regarding Manu having ‘received them with reverence.’ If it were not as we have explained, what would be the meaning of the ‘reverence’ shown by the Teacher to the Pupil? The word of the text which means ‘having received with reverence’ must be explained as a participle formed of the root ‘arc’ (to worship) with the prefix ‘ā’ and the participial affix ‘lyap’ [as without the prefix, the form would be ‘arcayitvā’]. Another reading (which removes the difficulty) is ‘tān.’

In connection with the present verse, the following question has been raised — “If the whole of this Treatise has been composed by Manu himself, it is not right to attribute it to another person, as is done in the statement — ‘being questioned by them, he answered’; the proper form would have been — ‘being questioned by them, I answered.’ If, on the other hand, someone else is the author of the Treatise, then why should it be called ‘Mānava’ (of Manu)?”

There is no force in this objection. In the first place, it is a well known fact that in most cases the authors of Treatises state their own views as if emanating from other persons, — making use of such expressions as — ‘in this connection they say’ or ‘they meet this argument thus,’ and so forth; and the form ‘being questioned by them I answered’ would not be in keeping with such usage; the reason underlying this fact is that the older the person the more authoritative he is regarded to be by the people; it is for this reason that we find Jaimini (1.1.5) stating his own view as emanating from ‘Bādarāyaṇa.’

Or (another explanation is that) the Treatise is a compilation made and related by Bhṛgu; and since the original Smṛti [which is, in the present Treatise related by Bhṛgu] was compiled (from teachings received directly from Prajāpati) by Manu, — it is styled ‘Manava’ (of Manu).

He answered the great sages; — what was the answer? — ‘Listen to what I have been questioned about.’ (4).

 

Comparative notes:

The injunctions and prohibitions in the Institute are the work of Prajāpati himself; — He taught them to Manu, who composed the ‘ordinance’, and taught it to the sages, among whom was Bhṛgu, who was commissioned to relate it to the sages; and the ‘ordinance’ in its present form is what was related by Bhṛgu to the sages at a later time — Vide Bhāṣya on 1.1 and l.56.

 

 

VERSE 1.5 [Origin of the World]

Section III - Origin of the World

 

आसीदिदं तमोभूतमप्रज्ञातमलक्षणम् ।
अप्रतर्क्यमविज्ञेयं प्रसुप्तमिव सर्वतः ॥५॥

āsīdidaṃ tamobhūtamaprajñātamalakṣaṇam |
apratarkyamavijñeyaṃ prasuptamiva sarvataḥ ||5||

 

This (World) was in existence in the form, as it were, of dense Darkness, — unperceived, undifferentiated, incogitable, (hence) incognizable; as it was wholly merged in deep sleep. — (5).

 

Medhātithi’s commentary (manubhāṣya):

At the very outset there arises an objection —

“Where we began and whereto we are carried! Manu was asked to expound the duties laid down in the scriptures, and he promised to expound them; under the circumstances, the description of the world in its undifferentiated state (with which the present verse begins) is wholly irrelevant and purposeless. In fact it becomes a true case of the well-known proverb — ‘ Being questioned about mangoes, he describes the Kovidāra tree.’ Further, there is no authority in support of what is here described; nor is any useful purpose served by it. So the whole of this First Discourse need not be studied at all.”

Our answer to the above is follows: — What the First Discourse does is to describe the fact of the Treatise having an extensive scope; so that what is described here is the whole range of the cosmic process, beginning with Brahman down to the inanimate objects, as forming the basis of Dharma and Adharma, Right and Wrong; for instance, verse 49 describes the vegetable objects as ‘wrapped in manifold Darkness, the result of their own acts’ [which shows that plants also are related to, and affected by, Right and Wrong]; and later on, again in Discourse 1, verse 23, it will be stated that ‘having recognised, by means of his intellect, these transitions of the individual soul, through merit and demerit, (Right and Wrong), one should fix his attention upon the Right.’ From all this it follows that Right is the cause of superiority (in the scale of existence) and Wrong of the reverse; thus the present treatise, expounding the exact nature of Right and Wrong, serves an extensive purpose, and as such should be studied. Such is the purport of the First Discourse.

The authority for what is declared in the present verse consists of Mantra, Arthavāda and Inference. As for the Mantra we have the following (in Ṛgveda, 10.129.3) — ‘Darkness existed, enveloped in darkness, uncognised in the beginning; this whole existed in a fluid state; the gross was contained in the subtile; the one entity that existed came to lie born, by virtue of austerities.’ The meaning is as follows: — ‘At the Universal Dissolution, the Sun, the Moon, the Fire and other sources of light having been destroyed, there existed Darkness alone; — this (subtile) Darkness was ‘enveloped,’ wrapped, in Darkness in the gross form; at this time there was no cogniser; hence, there being no one to cognise things, there was no cognition of anything; therefore Darkness is described as enveloped in darkness; — ‘in the beginning,’ i.e. before elemental creation, it was ‘uncognised,’ unknown; ‘this whole existed in the fluid state,’ i.e. every active or mobile object was motionless; the ‘gross,’ the larger, ‘was contained in the subtile,’ the smaller; i.e. every differentiated object was resolved into its original evolvents; this indicates the undifferentiated state of the world; and the last foot of the Mantra describes the earliest stage of evolution; that ‘one entity’ which ‘existed’ ‘came to be born, by virtue of austerities,’ i.e. by the force of austerity it became manifested in differentiated forms; i.e. under the influence of past acts, it came into existence again; or, it may mean that under the conditions described, Hiraṇyagarbha, came into existence by himself, by virtue of his austerities; as described later on (verso 6) — ‘Thereupon the self-born &c. &c.’

The possibility of Universal Dissolution is proved by Inference: That which has been found to bo destroyed in one part is also found to be destroyed in its entirety; e.g. at one time a single house is found to be burnt, and at another time the entire village is burnt (this is the Major Premise); all such things as are produced by active agents, — such for instance, as houses, palaces and the like are found to be liable to destruction (this is the second step in the inferential process); — this world, consisting of rivers, oceans, mountains &c., is the work of an active agent (this is the third step); — hence it follows that, like the house &c., the whole world will come to destruction (this is the final conclusion). It will not be right to argue that the fact of the world being the work of an active agent is itself not yet established; — for that fact also is deduced from the fact of the world having, like the house and such things, a particular shape; — all this constitutes the Inference (upon which the statements in the present verse are based).

We do not make any attempt either at clarifying (discussing and strengthening) the said proofs, or at refuting (the counter-arguments); because the present treatise does not deal with proofs and reasonings; and reasonings could not be fully grasped until they have been fully stated and examined; and if all this were done, the work would become a treatise on ‘Reasonings,’ not on ‘Law;’ and further, it would become too prolix.

This subject (of Creation and Dissolution) in its details shall be found described (in verses 7 et seq.) and the process described shall be in some places in accordance with the Purāṇas and sometimes in accordance with the Sāṅkhya doctrines. But the knowing or not knowing of those details does not make any difference in Right and Wrong; hence we are not going to deal with it in detail. If any person stands in need of the detailed account of the process, be should search for it in the said sources of information. What we undertake to do is to construe and explain the words of the text, and this is all that we shall do. A brief exposition of the purport of the Discourse we have already given.

‘This,’ world, ‘was in exitence,’ ‘in the form of dense Darkness’ — i.e. as if it were dense darkness; the term ‘which has several meanings, is here used to denote similarity; just as in the statement ‘yat tad bhinneṣvabhinnam chinneṣvachinnam sāmānyabhūtam sa śabdaḥ’ (‘that which remains the same even though the things denoted by it are diverse; which remains undestroyed even when the things denoted are destroyed, which is, as if it were, a Generality, this is the Word’), the word ‘samānyābhūtaḥ’ means ‘as if it were a generality.’ “What is it that constitutes the similarity of the World to Darkness?”

The answer is given by the next word ‘unperceived;’ in as much as all the products with their diverse differentiated forms are at the time resolved in the Evolvent Original, the world is not p erceived.

It might have been cognised by means of Inference; but that also is not possible; as it is ‘undifferentiated’; the ‘differential’ meant is that character which distinguishes one thing from another; and this also is dissolved at the time; for the simple reason that all products, with their distinguishing features, have been destroyed.

‘Incogitable’ — that form in which the World existed was not capable of being even thought of, in that form; ‘cogitation’ here stands, for all forms of Inference; the meaning being that at the time there was no kind of Inference — neither from generals to particulars, nor from particulars to generals — available, by means of which the World could be cognised. — For these reasons it was also ‘incognizable.’

From all this it might follow that the World did not exist at all, and it was only a non-existent World that came into existence (subsequently); with a view to preclude this, the text adds — ‘as if wholly merged in deep sleep.’ As a matter of fact, the existent can never come into existence out of the non-existent; it has been declared in the Upanisads (the Chāndogya) — ‘O dear one, this was, in the beginning existent; how could the existent be born out of the non-existent?’ — All that is meant is that the World is incognizable by the instrumentality of the ordinary means of cognition, which operate through, and bear upon, only differentiated things; that such is its condition is known from the scriptures, which also are as transcendental in their character as the ante-natal condition of the World.

‘As if merged in deep sleep,’ — ‘deep sleep’ stands for that condition of repose which is beyond the conditions of waking and dreaming; and it has been cited only by way of illustration; the meaning being — ‘just as the soul, in the condition of deep sleep, remains entirely unconscious of any thoughts or sufferings, and free from all notions of diversity, — and yet it cannot be said to be non-existent, because on waking, it is recognised as being the same that was asleep, as shown by the idea I have slept soundly, — exactly the same is the case with the World, as is shown by the scriptures that describe things as they have actually existed, and also proved, for those who depend upon reasonings, by what appear to be sound Inferences.’

‘Was in existence’ — the past tense has been used, because the condition described can never be known by any person; hence it is that it has been described as ‘incognizable.’

‘Wholly’ — this shows that the dissolution is not partial but total. (5)

 

Explanatory notes:

‘Tamas’ is generally taken here in the sense of the ‘Root evolvent’, only Rāghavānanda taking it in the sense of the Vedantic māyā; he is supported by Sāyaṇa who explains the term similarly, under his explanation of Ṛgveda 18. 129. 8.

P. 8, l. 8 — (1) tam āsīt (Ṛgveda 10.129.8) — Sāyaṇa supplies a somewhat different explanation:

Sndt89fb 1(1)

As a Vedāntin, Sāyaṇa identifies tamas with māyā |

 

 

VERSE 1.6

Section III - Origin of the World

 

ततः स्वयम्भूर्भगवानव्यक्तो व्यञ्जयन्निदम् ।
महाभूतादि वृत्तोजाः प्रादुरासीत् तमोनुदः ॥६॥

tataḥ svayambhūrbhagavānavyakto vyañjayannidam |
mahābhūtādi vṛttojāḥ prādurāsīt tamonudaḥ ||6||

 

Thereafter, the supreme being Hiraṇyagarbha, self-born, unmanifest and bringing into view this (universe), appeared, — dispelling darkness and having his (creative) power operating upon the Elemental Substances and other things. — (6)

 

Medhātithi’s commentary (manubhāṣya):

After the above described Great Night; — the ‘Self-born,’ he who comes into existence by himself; i.e. who takes up a body by his own will, his taking the body not being dependent upon his past acts, as it is in the case of beings undergoing births and deaths.

‘Unmanifest,’ — not cognizable by people devoid of ability to contemplate and other powers produced by the practice of yoga. Or, it would be better to read ‘avyakṭam’ (in the Accusative), making it an epithet of ‘idam,’ ‘this;’ the meaning being ‘this universe which was in its unmanifest condition.’

‘Bringing into view’ — making it perceptible in the form of the grosser products; that is, he by whose wish the World comes into existence.

‘Appeared’ — the term ‘Prāduḥ (?)’ — denotes visibility.

‘Dispelling darkness,’ — ‘darkness’ stands for the state of dissolution; he dispells, sets aside, that state; he creates the World afresh and is therefore said to ‘dispel darkness.’

‘Elemental Substances,’ earth and the rest.

‘Other things’ — refers to Sound and other qualities of the said substances; — he has his ‘power’ i.e. creative power — ‘operating,’ acting, upon the said substances &c. The Elemental Substances by themselves are incapable of producing the World; when however the requisite potency is instilled into them by him, they become transformed into the shape of trees and other things. The term ‘Elemental Substances’ here does not stand for the substances, which at the beginning of ‘creation,’ exist in the form of potencies lying latent in Primordial Matter.

Another reading is ‘mahābhūtānuvṛttaujāḥ;’ ‘anuvṛttam, meaning bent upon; the meaning of the epithet remains the same as before. (6)

 

Explanatory notes:

‘Mahābhūtādī’ — Here again Rāghavānanda, the Vedantin, is at variance with the other commentators, and takes it in the sense of ‘Akaṅkāra,’ and not in that of ‘the Elemental Substances &c,’

‘Prādurāsīt’ — ‘assumed a body of his own free will, not in consequence of his Karma?: (Medhātithi, Kullūka, Govinda, Nandana); — ‘became discernible’: (Nārāyaṇa) — ‘became ready to create’: (Rāghavānanda)

The reader should refer to the latter portion of the Bhāṣya on verse 11, where the present verse is explained as setting forth the self-evolution of Prakṛti, according to the Sāṅkhya.

 

 

VERSE 1.7

Section III - Origin of the World

 

योऽसावतीन्द्रियग्राह्यः सूक्ष्मोऽव्यक्तः सनातनः ।
सर्वभूतमयोऽचिन्त्यः स एव स्वयमुद्बभौ ॥७॥

yo'sāvatīndriyagrāhyaḥ sūkṣmo'vyaktaḥ sanātanaḥ |
sarvabhūtamayo'cintyaḥ sa eva svayamudbabhau ||7||

 

He, — who is apprehended beyond the senses, who is subtile, unmanifest and eternal, absorbed in all created things and inconceivable, — appeared by himself. (7)

 

Medhātithi’s commentary (manubhāṣya):

‘He, who’ — these two pronouns refer to something well-known, that is (in the present context) the ‘Supreme Brahman,’ he who is described, in the Vedanta texts as also in other philosophical systems, in the Itihāsas and Purāṇas, as having the qualities going to be described in the present verse.

‘He appeared by himself’ — i.e. took a body for himself; the root ‘bhā,’ having several meanings, is here used in the sense of coming into existence; or, it may be taken in its usual sense of shining; the meaning being that he was self-effulgent, and did not need the light from the sun or other sources.

‘Atīndriya’ means that which is beyond the senses, the compound being taken as an Avyayībhāva; the compound ‘atīndriyagrāhyaḥ’ being included under the general rule of compounds formulated in Pāṇini’s Sūtra 2.1.4; the mean ing being that he is apprehended beyond the senses, he never comes within range of the senses; it is an entirely different kind of cognition, the intuitive cognition of the yogin, by which he is apprehended. Or, the compound ‘that which is beyond the senses’ may be taken as standing for the Mind, which, being imperceptible, is not perceived by the senses; it is for this reason that the Vaiśeṣikas have held Mind to be ‘cognisable by means of Inference,’ as stated in the Nyāya-sūtra (1.1.16) — ‘The fact that cognitions do not appear simultaneously is indicative of the Mind.’ And it is by means of this Mind alone that the said Being is apprehended. Says the revered Vyāsa also — ‘He is not perceptible by the eye, nor by the other senses; he is apprehended by means of the clear Mind, by persons endowed with subtle powers of cognition’; — i.e. not sullied by the defects of passion &c.; — by persons who have acquired the powers of subtle perception, by virtue of their being entirely devoted to the worship of the said Being.

‘Subtile’ — i.e. as if he were ‘subtile,’ small; inreality he is not the substratum of any such finite or concrete predications or concepts as ‘large’ or ‘small;’ he is, in fact, beyond all such predications; as is declared in the following passage — ‘He is free even from the semblance of all predications; he has been variously conceived of on the strength of scriptures and inference, he is beyond all taint of duality, beyond affirmation and denial, beyond sequentiality and non-sequentiality, beyond reality and unreality; he is the very soul of the universe, and becomes cognised only by means of discriminative wisdom.’

Because he is ‘subtile,’ he is ‘unmanifest, eternal;’ being of subtile nature, he is endowed with beginningless and endless puissance, home people have held that the position of ‘Hiraṇyagarbha’ is attained by (ordinary beings) through (meritorious) acts; according to these people also he is ‘everlasting,’ in the sense that, though lie has beginning, he has no end; because his condition, which consists in being the experiencer of the fruits emanating from his original act of bringing about creation, never comes to an end.

Ho is described as ‘absorbed in all created things’ in the sense that he is the very soul of things, having his mind intent upon the idea that ‘all things are to be created by me;’ when for instance, the jar made of clay, having its body built out of clay, is said to be ‘absorbed in (consisting of) the clay;’ similarly when a certain person ponders too much over a thing, he is described figuratively, as ‘absorbed’ in that thing; as we find in such expressions as — ‘this person is absorbed in women,’ ‘he is absorbed in the Ṛgveda,’ ‘he is absorbed in the Yajurveda,’ and so forth. Or, it may be in view of the Advaita, ‘Nondualistic,’ Philosophy, by which sentient as well as insentient tilings have no existence apart from Hiraṇyagarbha, all being his illusory modifications; so that these modifications consisting of the created things, and these being non-different from him, it is only right that he should be described as ‘absorbed in (consisting of) created tilings.’ —

“But how can the single entity undergo illusory modifications? It would be inconsistent with its unity.”

The answer given by the upholders of the theory of ‘illusory modifications’ is as follows: — When the surface of the sea is struck by the winds, high waves rise out of it, and these waves are not entirely apart from the sea, nor are they totally absorbed in it; and they cannot be described as either ‘different’ or ‘non-different’ from it; exactly similar is the case with the ‘illusory modifications’ of Brahman.

The term ‘also’ may also be supplied to the words of the text; the sense being — ‘even though, in his own pristine form, he is imperceptible, he becomes perceptible in the form of the ‘modifications;’ similarly with the epithet ‘subtile;’ the implication of ‘also’ being that he is gross in the form of the grosser modifications; similarly, he is ‘unmanifest’and also ‘manifest,’ ‘eternal’ and also ‘not eternal,’ ‘absorbed in created things’ and also ‘free from their forms (and limitations);’ all this being in reference to him in the condition of ‘modifications.’

‘Inconceivable’ — i.e. his character is marvellous, he being possessed of remarkable powers. — (7)

 

Explanatory notes:

Sūkṣmaḥ: — ‘unperceivable by the external senses’: (Kullūka). But this would be a repetition of atīndriyagrāhyaḥ’; hence Govinda renders it as ‘who is perceivable by subtle understanding only;’ and Rāghavānanda — ‘who is without parts’ — which is, as Kullūka makes out to be, the meaning of ‘avyaktaḥ.’

Sarvabhūtamayaḥ — Medhātithi has offered two explanations: (1) ‘entirely taken up by the idea of creating tilings’, and (2) ‘whose modification all tilings are’. The latter explanation is practically accepted by all the commentators.

Udbhabau — ‘Assumed a body’: (Medhātithi and Govinda) or ‘shone forth’ (alternative suggested by Medliātitlii); ‘appeared in the form of the products’: (Kullū.) — ‘became discernible’ (Nandana).

Medhātithi, P. 10, l. 7 — ‘Tathā ca Vaiśeṣikāḥ’; — The sūtra quoted is Gautama’s Nyāya-sūtra, 1.1.10. It seems that even so early as Medhātithi’s time ‘Nyāya’ and Vaiśeṣika’ were used as convertible terms.

 

 

VERSE 1.8 [Creation Of Water]

Section IV - Creation Of Water

 

सोऽभिध्याय शरीरात् स्वात् सिसृक्षुर्विविधाः प्रजाः ।
अप एव ससर्जादौ तासु वीर्यमवासृजत् ॥८॥

so'bhidhyāya śarīrāt svāt sisṛkṣurvividhāḥ prajāḥ |
apa eva sasarjādau tāsu vīryamavāsṛjat ||8||

 

Desiring to create the several kinds of created things, he, in the beginning, by mere willing, produced, out op his own body, Water; and in that he threw the seed. — (8)

 

Medhātithi’s commentary (manubhāṣya):

‘He’ — who, — by virtue of the qualities described in the preceding verse, and also by virtue of such Vedic texts as ‘In the beginning there appeared Hiraṇyagarbha &c.’ (Ṛgveda 10.121.1) — acquired the title of ‘Hiraṇyagarbha.’

‘Several kinds of created things’ — things possessed of various forms.

‘Desiring to create,’ — wishing to bring into existence.

‘In the beginning,’ first of all — ‘produced,’ called into being — ‘water’ ‘out of his own body,’ i.e., the body assumed by himself (on manifestation). Or, according to the Ádvaita Philosophy, ‘Primordial Matter’ is the ‘body’ of Hiraṇyagarbha here spoken of; it is ‘his own’ in the sense that it follows his wish, and is the cause of the production of all bodies.

The next question that arises is — “When he created the body of all living beings, did he do so by means of some physical act, such as digging with the spade and so forth (as the potter does in the making of the Jar)?”

The answer is no. — “How then?” — ‘By mere willing’ — by the mere act of wishing ‘let water be produced.’

The following further question is raised — “Since the Earth and other things were non-existent at the time, what was the receptacle or standing ground of the water that was produced?”

The question is addressed to the winds! [ lit., it is as good as addressed to others!]. It might just as well bo asked — what is the receptacle or standing ground for the Supreme Lord himself when he has assumed a body. If it be explained that so far as the powers of the creator himself are concerned, no questions arise, for the simple reason that he is possessed of unique powers, — then the same may be said in regard to water and the other products also, which may be regarded as having similar unique powers.

In that, water, he threw, scattered, the seed, the semen. (8)

 

Explanatory notes:

(3) Abhidhyāya — According to those who interpret the process here as ‘described in accordance with the Saṅkhya’, this means ‘independently of all outside force, just as a man does an act by mere thought.’

Āpaḥ — In his eagerness to be literally faithful, Buhler has translated this as ‘waters’, using the plural form in consideration of the plural form of ‘āpaḥ’ in the plural. It has to be borne in mind, however, that the text has used the plural form, because the base ‘ap’ has no singular form at all.

Vide, in this connection, Ṛgveda, 10.121.1, and Viṣṇu-purāṇa I.

Saḥ — Hiraṇyagarbha (acc. to Medhātithi); the Paramātman (according to others.)

Abhidhyāya — According to the interpretation of ‘others’, noted by Medhātithi, under verse 11, this participle means ‘independently of all external activity, just as a man may do some act by merely willing it.’

Medhātithi P. 11, l. 6 — ‘anyebhya idamucyate’ — This is an idiomatic expression used in the sense — ‘This that is urged is spoken, as it were, to others — it does not concern us, — it has no hearing upon what we have said.’

 

 

VERSE 1.9 [Birth of Brahmā]

Section V - Birth of Brahmā

 

तदण्डमभवद्धैमं सहस्रांशुसमप्रभम् ।
तस्मिञ्जज्ञे स्वयं ब्रह्मा सर्वलोकपितामहः ॥९॥

tadaṇḍamabhavaddhaimaṃ sahasrāṃśusamaprabham |
tasmiñjajñe svayaṃ brahmā sarvalokapitāmahaḥ ||9||

 

That became the golden egg, resplendent like the Sun; in that (egg) he (Hiraṇyagarbha) himself was born as Brahmā, the ‘Grand-father’ of the whole world. — (9)

 

Medhātithi’s commentary (manubhāṣya):

First of all Primordial Matter develops in the form of Clay; i.e., on account of the contact of Hiraṇyagarbha’s ‘seed,’ it become solidified; and this is what is described as having become an ‘egg.’ — ‘Golden,’ gold, made up of gold; i.e., in its brilliance it resembled the thing made of gold.

“But this statement (that the egg was of gold) is contained in the scriptures, and we do not find any such term as ‘like’ or ‘resembling’ (which would have justified the interpretation of ‘golden’ as resembling gold), — how then can we, in the absence of any other authority, explain the term figuratively?”

Our answer to the question is as follows: — Later on we find the statement — ‘by means of the two forces, he created Heaven and Earth’ (Verse 13); and as a matter of fact, this Earth is found to consist of clay, and not of gold entirely; and it is in view of this fact that we have taken the epithet ‘golden’ figuratively.

‘Sahasrāṃśuḥ,’ lit. ‘thousand-rayed,’ is the Sun; — ‘aṃśu’ means rays; and the resplendence of the egg was like that of the rays of the Sun.

‘In that egg he himself was born,’ came into existence, as Brahmā,’ — Brahmā is Hiraṇyagarbha himself; — the exact signification of the term ‘himself’ has already been explained; the meaning is that he had originally (as Hiraṇyagarbha) assumed a body by the force of occult powers, he gave up that body and entered within the egg. — Or, it may be that when he created water, Hiraṇyagarbha had no body, hence he took up a body within the egg. — Or again, the being spoken of as ‘he who’ (in verse 7) was different from the Brahmā who is described here as being born in the egg; this would be in keeping with what is going to be stated (in verse 11) in regard to the latter being ‘created by him,’ i.e., created by the Supreme Lord (described in verse 7).

“But (under this last explanation) how could he be said to be ‘himself born?’ — and the text apparently speaks, as ‘Brahmā,’ of him who was ‘himself born’ (in the egg).”

This does not affect the position; the son is often called by the name of the Father, when he is described as the ‘self being born out of itself.’

The fact of the matter however is that what the Teacher has asserted is based upon scriptural texts, which have no bearing upon the matter at all [for being mere Arthavāda, they are not meant to describe what is directly expressed by the words]; so Unit we need not lay stress upon what is said (in the text) in this connection; specially because, so far as the expounding of Duties is concerned, it does not matter at all whether Hiraṇyagarbha himself was born in the egg, or he created some other being.

‘The grand-father of the whole world’ — is a proper name, applied figuratively. That it has to be taken so is proved by the fact that the Being described is not literally the ‘Grandfather’ of the people; what the attributing of this proper name is meant to indicate is that the being described is an object of great reverence, the term ‘Grand-father’ being chosen, because the Grand-father commands greater reverence than even the Father. (9).

 

Explanatory notes:

Burnell remarks that this ‘Egg’ does not belong to the Sāṅkhya philosophy. The explanation of this, in accordance with that philosophy, is thus given by Medhātithi, under verse 11 — ‘Sarvataḥ pradhānaṃ pṛthivyādibhūtotpattau kāṭhinyameti aṇḍarūpam sampadyate.’

Haimam — The commentators are agreed that this is used figuratively, in the sense of pure or brilliant.

Jajñe svayam Brahmā — (a) ‘He himself was born as Brahmā’, or (b) ‘Brahmā himself was born.’

There has been a great deal of confusion in the mind of modern scholars in connection with the ‘Golden Egg’, — much of which would have been avoided if the figurative character of the term had been recognised.

Medhātithi P. 11. l. 22 ‘Anidamparebhyaḥ — & c.’ — Cf. what has been said in the Bhāṣya on verse 5, to the effect that ‘the process of creation here described is in some places in agreement with the Purāṇas, while in others, in accordance with the doctrine of the Saṅkhyas.’ It is this want of consistency that has led Medhātithi to regard the whole of this discourse as purely ‘arthavāda.’

 

 

VERSE 1.10 [Meaning of the term ‘Nārāyaṇa’]

Section VI - Meaning of the term ‘Nārāyaṇa’

 

आपो नारा इति प्रोक्ता आपो वै नरसूनवः ।
ता यदस्यायनं पूर्वं तेन नारायणः स्मृतः ॥१०॥

āpo nārā iti proktā āpo vai narasūnavaḥ |
tā yadasyāyanaṃ pūrvaṃ tena nārāyaṇaḥ smṛtaḥ ||10||

 

Water is called ‘nara,’ — water being the offspring of nara; since water was the first thing created by (or, the original residence of) that being, he is, on that account, described as ‘nārāyaṇa.’ — (10)

 

Medhātithi’s commentary (manubhāṣya):

The Being just described is the same who, here and there in the scriptures, is described under the name ‘Nārāyaṇa,’ as possessed of a superior degree of creative and cognitive powers, and hence being the Personal Creator of the world; the mere difference in names does not necessarily imply difference in the things denoted; so that the Beings described under the names ‘Brahmā,’ ‘Nārāyana’ and ‘Maheśvara are one and the same; though they form the objects of diverse forms of worship, yet they do not differ among themselves; as we shall show under Discourse XII.

How this is (i.e. how Brahmā is the same as ‘Nārāyana’) is explained now: — ‘Water is called Nara.’ — described under the name of, — ‘Nara.’

In answer to the objection — “There is no such usage current among experienced persons; nor is it generally known that water is called Nara,” — the Author adds: — ‘Water being the offspring of Nara,’ — the supreme Being (Hiraṇyagarbha, described in verse 8 as having created water) might well be known under the name ‘Nara,’ Person; and water is his ‘offspring;’ hence water is spoken of as ‘Nara,’ the name of the father is often applied to the child, e.g., the ‘sons of Vaśiṣṭha,’ the revered sages Tāvabhru, Maṇḍu and Lomaka, are spoken of as ‘Vaśiṣṭhāḥ’; and such usage is based upon the

figurative identification of the child with the father. — ‘Since’ because — ‘Water,’ known as ‘Nara,’ was ‘the first thing created by’ — or it was his container when he lay in the womb (egg) — ‘he is, on that account, described as Nārāyaṇa.’

In the sense of ‘he whose container is Nara’the compound should be ‘narāyaṇa;’ but the first vowel may be taken as lengthened according to Pāṇini’s Sūtra 6.3.134, which justifies such lengthening in several other cases also,; just as we have in the word ‘pūruṣa’ (which is a variant for ‘puruṣa’); — or we may have the lengthening due to the affix ‘aṇ’ in the sense of ‘mass’ [so that nāra would be ‘mass of water,’ and ‘he who has this mass of water as his container, ayana,’ would he ‘nārāyaṇa’]. (10).

 

Explanatory notes:

Āpo nārā &c. — This explanation of the name ‘Nārayaṇa’ is found in Viṣṇu Puraṇa I, and also in the Mahābhārata, 3.189.3.

It is curious that Medhātithi reads ‘narāḥ’ (instead of ‘nārāḥ’) and adds a somewhat forced explanation of the elongation of the initial vowel in ‘nā’.

Medhātithi P. 12, l. 6 — Babhrumaṇḍuloniakāḥ — These apparently are three other proper names — ‘Babhru’, ‘Maṇḍu’ and ‘Lomaka’, — which stand on the same footing as ‘Vaśiṣṭha.’

 

Comparative notes by various authors:

Mahābhārata, 12.341.40. — [Same as Manu ; but being placed in the mouth of Nārāyaṇa himself, the second half is put in the First Person.] — “That is why I am Nārāyaṇa.”

 

 

VERSE 1.11 [Nature of Brahmā]

Section VII - Nature of Brahmā

 

यत् तत् कारणमव्यक्तं नित्यं सदसदात्मकम् ।
तद्विसृष्टः स पुरुषो लोके ब्रह्मैति कीर्त्यते ॥११॥

yat tat kāraṇamavyaktaṃ nityaṃ sadasadātmakam |
tadvisṛṣṭaḥ sa puruṣo loke brahmaiti kīrtyate ||11||

 

That which is the cause — unmanifest, eternal and partaking of the nature of the existent and the non-existent, — the being produced by that (cause) is described among people as ‘brahmā.’ — (11)

 

Medhātithi’s commentary (manubhāṣya):

The ‘cause’ spoken of here is one who is always the never the product; the formation of his body is not dependent upon the will of any other being; he is endowed with a natural supremacy all his own; — ‘unmanifest and eternal’ as already explained (under verse 7); — ‘partaking of the nature of the existent and the non-existent’; — ‘sadasat’ stands for the ‘sat,’ ‘existent,’ and the ‘asat,’ non-existent’; and the said ‘cause’ is one whose ‘nature,’ character, consists of the said ‘existent and non-existent.’

“But how can a single entity partake of the two contradictory characters of the ‘existent’ and the ‘non-existent’?”

The answer to this is as follows: — In as much as people of the present day cannot form any idea of such a heing, the cause becomes incapable of being spoken of as ‘existent,’ and hence is described as ‘partaking of the nature of the non-existent; and yet, in as much as the fact of the said being being the cause of the entire world is known from the scriptures, it is described as ‘of the nature of the existent;’ thus the description of Brahman as both (‘existent’ and ‘non-existent’) is not incongruous, being based, as it is, upon the difference in the character of the persons conceiving of it.

“As a matter of fact, this is true of all things; everything is ‘existent’ in its own form and ‘non-existent’ in the form of other things; why then should it be stated that this is not incongruous in the case of Brahman only?”

The answer to this is as follows: — Under the philosophy of ‘Non-duality’ nothing except Brahman being ‘what is that other thing which (while existent in its own form) could be spoken of as ‘non-existent’ in the form of Brahman?

‘The being produced by that,’ — being brought into existence, being created within the egg; this Being ‘is described among people as Brahmā’; the being, who is found mentioned in the Mahābhārata and other works as seated hero and there for the purpose of granting boons to such Devas, Asuras and Ṛṣis as have performed severe austerities, — he was the first to be created by the afore-mentioned Supreme Being, the Highest Brahman.

 

Explanatory notes:

Kāraṇam — Rāghavānanda takes this to refer to the above-mentioned ‘Egg’, the undifferentiated root-cause. All others take it to mean the Supreme Soul.

Sadasadātmakam — ‘Existent because cognisable by means of the Vedic texts, and non-existent, because uncognisable by the ordinary means of perception’. (Medhātithi, Govinda and Kullūka); — ‘real, in the shape of the cause, and unreal, in the form of the Products’: (Nandana.)

The relationship between Nārāyaṇa (Virāṭ) and Puruṣa appears to be based upon the Puruṣasūkta, where Puruṣa is described as born from Virāt The Śatapatha Brāhmaṇa (13.6.1.1) couples the two beings into one and describes him as receiving instructions from Prajāpati.

Medhātithi, P. 12, l. 21 to the end of page 13 offers a totally different interpretation of verses 3-1l.

Medhātithi P. 13, l. 1 — ‘Mahato’haṅkāro &c.’ — Of. Sāṅkhya-kārikā, 38.

‘Viśeṣāḥ. — Why these are called ‘viśeṣa’ is thus explained in the Sāṅkhyatattvakaumudī — pañca mahābhūtāni viśeṣāḥ: — śāntā ghorāśca mūḍāśca | yasmādākāśādiṣu sthū?ṣu kecit tattvapradhānatayā śāntā prakāśā laghavaḥ......... | te'mī parasparavyāvṛttyā'nubhūyamānā ‘viśeṣā’ iti ‘sthūlā’ iti co?pante | tanmātrāṇi tu?smadādinā parasparavyāvṛttāni nānubhūyante — iti ‘aviśeṣāḥ’ ‘sūkṣmā’ iti cocyante |

 

 

VERSE 1.12

Section VII - Nature of Brahmā

 

तस्मिन्नण्डे स भगवानुषित्वा परिवत्सरम् ।
स्वयमेवात्मनो ध्यानात् तदण्डमकरोद् द्विधा ॥१२॥

tasminnaṇḍe sa bhagavānuṣitvā parivatsaram |
svayamevātmano dhyānāt tadaṇḍamakarod dvidhā ||12||

 

That supreme lord, having dwelt in that egg for a y ear, himself, by his own thought, broke that egg into two parts. — (12)

 

Medhātithi’s commentary (manubhāṣya):

‘That Supreme Lord,’ Brahmā, — ‘for a year,’ during a year, — ‘having dwelt in that egg,’ — the omniscient one, who had come into existence and was seated in the egg, thought of the way in which he would come out of it; — ‘he broke the egg into two parts’; — one year is the time which the embryo takes for its development; so that after a year the egg, having reached its full development, burst (really), by reason of its full development having been reached. It is thus a chance coincidence that the egg burst just at the time that Brahmā was thinking of coming out; and it is in view of this coincidence that he is described as having broken the egg into two parts. — (12)

 

Explanatory notes:

Parivatsaram — Kullū. alone takes this to mean ‘a year of Brahmā’; all others take it in the sense of the ordinary year; Cf. Śatapatha Brāhmaṇa 11. 1. 6. 2.

Dhyānāt — Medhātithi’s robust intellect again asserts itself: The Egg broke, not because the indwelling Brahmā willed it, hut because of its full development; and this coincided with Brahma’s wish to come out.

 

 

VERSE 1.13 [Creation of Heaven and Earth]

Section VIII - Creation of Heaven and Earth

 

ताभ्यां स शकलाभ्यां च दिवं भूमिं च निर्ममे ।
मध्ये व्योम दिशश्चाष्टावपां स्थानं च शाश्वतम् ॥१३॥

tābhyāṃ sa śakalābhyāṃ ca divaṃ bhūmiṃ ca nirmame |
madhye vyoma diśaścāṣṭāvapāṃ sthānaṃ ca śāśvatam ||13||

 

Out of those two pieces (of the egg) he formed Heaven and Earth, and, between them, the Ākāśa, the eight quarters and the eternal receptacle of water. — (13)

 

Medhātithi’s commentary (manubhāṣya):

‘Two pieces’ — the two halves of the egg-shell; out of these two pieces of the egg-shell, — ‘he formed,’ produced, — ‘and Earth’; the lower half being earth [and the upper half Heaven]; — ‘between them Ākāśa,’ empty space, — ‘the eight quarters,’ the East and the rest, along with the intermediate points of the South-East, etc.; — ‘the receptacle of water’ — (1) in the atmosphere, (2) the Ocean and (3) the Ākāśa within the Earth and the Nether Regions. — (13)

 

 

VERSE 1.14-15 [Creation of the World from ‘Mahat’ downwards]

Section IX - Creation of the World from ‘Mahat’ downwards

 

उद्बबर्हात्मनश्चैव मनः सदसदात्मकम् ।
मनसश्चाप्यहङ्कारमभिमन्तारमीश्वरम् ॥ब्छ्।स्छ्॥

udbabarhātmanaścaiva manaḥ sadasadātmakam |
manasaścāpyahaṅkāramabhimantāramīśvaram ||14||

 

From out of himself he brought forth the mind, which partakes of the nature of the existent and non-existent; and before the mind, he brought up the all-powerful principle of egoism, whose function consists in self-consciousness. — (14)

 

Medhātithi’s commentary (manubhāṣya):

The creation of the Elemental Principles is now described. What forms the constituent factor of what, and in what manner, has been already explained by implication.

‘From out of himself’ — i.e., from out of Primordial Matter, which forms his body, ‘he brought forth Mind.’ The creation of the Elemental Principles is set forth here in the reverse order; the meaning thus is that ‘before the mind he brought up the Principle of Egoism, whose function consists in self-consciousness’; the consciousness of self, appearing in the form of the notion of ‘I,’ is a function of the Principle of Egoism; it is called all-powerful in the sense that it is capable of accomplishing its work. — (14)

 

महान्तमेव चात्मानं सर्वाणि त्रिगुणानि च ।
विषयाणां ग्रहीतॄणि शनैः पञ्चैन्द्रियाणि च ॥१५॥

mahāntameva cātmānaṃ sarvāṇi triguṇāni ca |
viṣayāṇāṃ grahītṝṇi śanaiḥ pañcaindriyāṇi ca ||15||

 

Also the all-pervading ‘mahat’ (the ‘great’ principle of intelligence); as also all those things that consist of the three constituent attributes, and in due course, also the five organs of sensation which apprehend objects. — (15)

 

Medhātithi’s commentary (manubhāṣya):

‘Mahat’ is the name applied by the Sāṅkhyas to one of the Elemental Principles; — ‘all-pervading’ qualifies the ‘Mahat’; this Principle of Intelligence is called ‘all-pervading’ because, it actually pervades through the entire material creation. This he brought out before the Principle of Egoism; this construction being in accordance with that adopted in the preceding verse (in connection with the Principle of Egoism being produced before the Mind); — ‘as also all those things that consist of the three constituent Attributes’; all that has been described, as also all that is going to be described, — i.e., all products or evolutes, — are constituted by the three Attributes; these ‘Constituent Attributes’ being ‘Sattva’ (Harmony), ‘Rajas’ (Energy) and ‘Tamas’ (Tnertia); it is only conscious entities that are free from these three Attributes; while all that is evolved out of Primordial Matter is constituted by the three Attributes. — ‘The five organs of sensation, which apprehend,’ — bring about the perception of, — Colour, Taste (Odour, Touch and Sound), which form the respective ‘objects,’ the ‘five,’ whose specific names are going to be described later on, in 2.90 — ‘Also is meant to include the ‘objects’ themselves, in the form of Sound, Touch, Colour, Taste and Odour, and also the Earth and other elemental substances. — (16)

 

Explanatory notes:

(verse xiv-xv)

The confusion regarding the account of the process of creation contained in Manu is best exemplified by these two verses. The names of the various evolutes have been so promiscuously used, that the commentators have been led to have recourse to various forced interpretations, with a view to bring the statement herein contained into line with their own philosophical predilections. Medhātithi, Kullūka, Govinda and Rāghavānanda take it as describing the three principles of the Sāṅkhya — Mahat, Ahaṅkāra and Manas; but finding that the production of Ahaṅkāra from Manas, or of Mahat (which is what they understand by the term ‘mahāntam ātmānam’) is not in conformity with the Sāṅkhya doctrine, — they assert that the three evolutes have been mentioned here ‘in the inverted order’. Even, so, how they can get over the statement that ‘Ahaṅkāra’ was produced ‘from Manas’ (‘manasaḥ’) it is not easy to see. Similarly, the ‘ātman’ from which Manas is described as being produced, Medhātithi explains as the Sāṅkhya ‘Pradhāna’, and Kullūka as the Vedantic1 Supreme Soul’.

Buhler remarks that according to Medhātithi by the particle ‘ca’ ‘the subtile elements alone are to he understood.’

This does not represent Medhātithi correctly; his words being — ‘caśabdena viṣayāṃśca śabdasparśarūparasagandhān pṛthivyādīni ca’.

In order to escape from the above difficulties, Nandana has recourse to another method of interpretation, — no less forced than the former. He takes ‘manas’ as standing for Mahat, and ‘mahāntam ātmānam’ as the Manas.

Not satisfied with all this, Nandana remarks that the two verses are not meant to provide an accurate account of the precise order of creation; all that is meant to be shown is that all things were produced out of parts of the body of the Creator himself.

 

VERSE 1.16

Section IX - Creation of the World from ‘Mahat’ downwards

 

तेषां त्ववयवान् सूक्ष्मान् षण्णामप्यमितौजसाम् ।
संनिवेश्यात्ममात्रासु सर्वभूतानि निर्ममे ॥१६॥

teṣāṃ tvavayavān sūkṣmān ṣaṇṇāmapyamitaujasām |
saṃniveśyātmamātrāsu sarvabhūtāni nirmame ||16||

 

Having combined the subtile components of the said six principles of illimitable potency with their own evolutes, he created even all beings. — (16)

 

Medhātithi’s commentary (manubhāṣya):

The said six principles of their own respective evolutes, — to these he joined their subtile components, and thus created all beings.

The number ‘six,’ (mentioned in connection with the Principles) is made up of the five ‘Rudimentary Substances,’ to be described later on, and the ‘Principle of Egoism’ already described.

The ‘own envolutes’ of these Principles, are their respective products; i.e., the elemental substances, which are the products of the‘Rudimentary Substances,’ the Sense-organs which are the products of the ‘Principle of Egoism.’ The Eaṛth and the other Elemental Substances being present, like so many ‘bodies,’ he joined to them the ‘subtile components’; i.e., the Rudimentary Substances and the Principle of Egoism; that is, he placed them in their proper places, and thus ‘created all beings,’ — Gods, men, animals, birds, trees and so forth.

The meaning is as follows: — The six subtile components are productive of one portion of the entire world, the whole of which is evolved out of them; that they are ‘subtile’ is proved by the fact of their being ‘rudimentary’ in their character; — these he ‘combined,’ i.e., brought together, with their own envolutes,’ i.e., their respective products; he produced the material substances and the organs (of action), and through these, the entire material world; these latter being indicated by the word ‘even.’

In place of ‘mātrāsu’ it is better to rend ‘mātrābhiḥ’. — (16)

 

Explanatory notes:

Six elements — The five Rudimentary Substances and the Principle of Egoism.

Here also, and for reasons similar to the above, there is a difference of opinion among commentators.

Nandana, and Rāghavānanda take the verse as describing the creation of the bodies of things from the body of the Creator, and that of their souls from His Soul.

The ‘six’, Rāghavānanda takes as standing for the six sense-organs, and Nandana as for the six tattvas —

• Mahat,

• Ahaṅkāra,

• Manas,

• Subtile Elements,

• Organs, of Action and

• Organs of Sensation.

Medhātithi takes the verse simply as describing how the Creator created all beings by combining ‘the subtile components of the said six principles’ with ‘their own evolutes.’

Hopkins remarks that ‘ātmamātrā’ stands for ‘the spiritual atom as opposed to the elementary, — not reflexive elements of himself.’

 

 

VERSE 1.17

Section IX - Creation of the World from ‘Mahat’ downwards

 

यन् मूर्त्यवयवाः सूक्ष्मास्तानीमान्याश्रयन्ति षट् ।
तस्माच्छरीरमित्याहुस्तस्य मूर्तिं मनीषिणः ॥१७॥

yan mūrtyavayavāḥ sūkṣmāstānīmānyāśrayanti ṣaṭ |
tasmāccharīramityāhustasya mūrtiṃ manīṣiṇaḥ ||17||

 

Because the six subtile components of the frame (of primordial matter) enter into (produce) these, therefore the wise ones have described the frame of that (primordial matter) as ‘body.’ — (17)

 

Medhātithi’s commentary (manubhāṣya):

‘Frame’ — body; the ‘components’ of it are those things that constitute it; these are ‘subtile,’ the ‘six’ already described (viz.,the five Rudimentary Substances and the Principle of Egoism), which are called ‘aviśeṣa,’ the undifferentiated. — Tāni āśrayanti — i.e., the organs and the elemental substances going to be described ‘enter into’ the said components; which means that they are evolved out of them; i.e., the evolution of the organs &c., has for its substratum the six subtile components; this is what has been described in the words ‘the five elemental substances are produced out of the five Rudimentary Substances’ (Sāṅkhya-Kārikā, 22). Because they enter into them, therefore the ‘frame of that,’ i.e., of Primordial Matter, — has been described as ‘Body.’

Manasviṇaḥ, ‘maṇīṣā’ is wisdom; those possessed of wisdom are ‘manasvins,’ i.e., the wise ones.

[The above explanation makes ‘tainīmāni,’ the organs and substances, the nominative, and the ‘components’ the objective; — this construction is found to be incompatible with the nominative ending in ‘avayavāḥ,’ ‘components’; hence the Bhāṣya puts forward another construction, which has been adopted in the rendering of the text.] — Or, the relation of the ‘nominative’ and ‘objective’ may be reversed: the ‘subtile components’ being the nominative, and the ‘organs’ the objective (of the verb ‘āśrayanti,’); the meaning of ‘āśrayanti,’ ‘enter into,’ being that the subtile components serve as the substratum — ‘āśraya’ — of the organs; just as in the phrase ‘he has been fed (upon) by many men,’ the man doing the feeding is spoken of as ‘fed.’ — Or, since verbal roots may have several meanings, ‘enter in’ may be explained as ‘produce.’ — (17)

 

Explanatory notes by Ganganath Jha:

Nandana explains the verse to mean that ‘the body of Hiraṇyagarbha is called Śarīra, body, because it enters all things mentioned in the preceding verses by means of its portions’; according to Medhātithi on the other hand, it means that — the body of Pradhāna is called Śarīra, because its six components enter into these things, — viz., the organs and the elemental substances. Kullūka refers it to the body of Brahman.

The only important points of difference are — (1) while Medhātithi takes it as referring to the body of Pradhāna, others take it as refering to that of Hiraṇyagarbha or Brahmā; and (2) while according to Medhātithi the evolutes entering into that Body are the organs and the gross elemental subtances, according to Nandana, they are only the six principles named in verses 14-15.

The natural construction of the verse appears to be yat (yasmāt kāraṇāṭ) sūr?yacayacāḥ sūkṣmāḥ tāni imāni ṣaṭ āśrayanti tasmāt — as set forth by Medhātithi But if tāni imāni refers to indriyāṇi then there should be an accusative ending in in order to make it the object of āśrayanti. It is in view of this difficulty that the Bhāṣya has put forward another construction by which sūkṣmāḥ is the nominative and tānīmāni the objective of the verb āśrayanti,

 

 

VERSE 1.18

Section IX - Creation of the World from ‘Mahat’ downwards

 

तदाविशन्ति भूतानि महान्ति सह कर्मभिः ।
मनश्चावयवैः सूक्ष्मैः सर्वभूतकृदव्ययम् ॥१८॥

tadāviśanti bhūtāni mahānti saha karmabhiḥ |
manaścāvayavaiḥ sūkṣmaiḥ sarvabhūtakṛdavyayam ||18||

 

The great elemental substances, along with their functions, as also the mind, along with its subtile components, enter into that which (on that account) is the generator of all things and imperishable. — (18)

 

Medhātithi’s commentary (manubhāṣya):

‘That,’ ‘Primordial Matter — is ‘the generator of all things’: — it is ‘imperishable,’ i.e., in its original (causal) form it is indestructible.

“In what way does Primordial Matter generate all things?”

Because all these enter into it.

“What are all these that enter into it?”

First of all ‘the Mind along with its subtile components,’ — i.e., along with the Rudimentary Substances, the Principle of Intelligence, the Principle of Egoism and the Sense-organs; — and then, the Great Elemental Substances — called ‘Earth,’ ‘Water,’ ‘Fire,’ ‘Wind,’ and ‘Ākāśa;’ — ‘along with their functions; —

sustaining,

conglutination,

cooking,

configuration

and making room (unobstruction) respectively are the ‘functions’ of Earth, &c.

Of these

‘sustaining’ means upholding, keeping in their places, things that are prone to falling;

‘conglutination’ means bringing together things that are loose and disjointed; e.g., loose and disjointed dust-particles are brought togther, cemented into, a mass by means of water; —

‘Cooking’ is the well-known effect produced by fire upon such tilings as medicine and herbs, &c.;

‘Configuration’ means conformation, shaping; —

‘making room’ means non-obstruction by another body; in a point in space where one body is already present, there can be no room for another body; e.g., no object can find room within a piece of gold.

‘Mind’ — is meant to indicate all the organs of sensation; and the term ‘Karma’ may be taken as referring to the organs of action; or again, in the first line of the text, the term ‘Karma’ may be taken to mean the ‘products’ of the elementary substances; the sense of the passage being that ‘subsequently the products of the elemental substances, along with the subtile components, enter into the great elemental substances’ — ‘as also do the organs of sensation,’ this latter being indicated by the word ‘Mind.’ — (18)

 

Explanatory notes by Ganganath Jha:

Buhler supplies the translation of the verse according to the five interpretations offered by the commentators.

The text here represents the explanation given by Medhātithi: —

According to Govinda and Kullūka the verse means — ‘From Brahman are produced the gross elements, together with their functions, and the Mind, which is the producer of all beings through its minute portions, and imperishable’. —

According to Rāghavānanda — ‘That gross body the gross elements enter, and the Mind, which is the producer of all beings and imperishable, together with the actions and with the limbs.’ —

According to Nandana — ‘As that body of Hiraṇyagarbha, though through its small portions it produces all beings, ye tis imperishable, — even thus the Great Beings and the Mind, with the actions enter it.’ —

According to Nārāyana — ‘That subtile body the gross elements enter, together with the Karma and the Mind, the producer of all beings and imperishable, together with its minute portions.’

Dr. Buhler’s rendering of this verse is not approved by Hopkins. The construction of the sentence is the same in all cases — mahānti bhūtāni karmabhiḥ saha — manaśca sūkṣmaiḥ avayavaiḥ.

Medhātithi himself offers a second explanation.

 

Comparative notes by various authors:

Mahābhārata, 12.232.12. — (First half is the same as Manu.)

 

 

VERSE 1.19

Section IX - Creation of the World from ‘Mahat’ downwards

 

तेषामिदं तु सप्तानां पुरुषाणां महौजसाम् ।
सूक्ष्माभ्यो मूर्तिमात्राभ्यः सम्भवत्यव्ययाद् व्ययम् ॥१९॥

teṣāmidaṃ tu saptānāṃ puruṣāṇāṃ mahaujasām |
sūkṣmābhyo mūrtimātrābhyaḥ sambhavatyavyayād vyayam ||19||

 

From out of the Subtile constituents of the frames of the said exceedingly potent principles is produced this (Gross Body) — the perishable proceeding from the imperishable. — (19)

 

Medhātithi’s commentary (manubhāṣya):

All that is meant by saying that ‘the perishable proceeds from the imperishable’ is that the Gross is produced out of the Subtile; and it is not meant to emphasise whether it is produced out of the particles of six or seven Principles; in fact there are twenty-four Principles, all of which form the cause of the origin of all things. Or, the meaning may be that in the production of the gross oḥjeot only seven Principles form the principal cause, e.g., the six non-differentiated Principles (the live Rudimentary Substances and the principle of Egoism) and the seventh, the Great Principle of Intelligence. Out of these (seven) are produced the Elemental Substances and the Organs; and when these latter have been produced, the gross body becomes formed.

[It has been said that] from out of the imperishable Primordial Matter, — which in its unified form, contains within itself the possibilities of all its evolutes, — is produced this world, which is multifarious in its character and appears in all possible forms.

Now the question arises — Docs the Primordial Matter become modified into all its gross evolutes at one and the same time? And the answer to this is ‘No;’ what really happens is described in the present verse — ‘From out of the subtile, &c., &c.,’ The order in which the things are produced is the same as that which has been described before: that is, from out of Primordial Matter is produced the Great Principle of Intelligence; — from this latter the Principle of Egoism; and from this latter again the ‘group of sixteen’ (kārikā, 22).

The term ‘Puruṣa’ has been used in the sense of the Principles, on the ground that these latter subserve the purposes of the Puruṣa (Soul).

‘Exceedingly potent’ — capable of producing their effects; it is because they are the cause of innumerable products that they have been called ‘exceedingly.’

The said principles have certain ‘subtile constituents of their frames’; — ‘mūrti’ is frame; the constituents that go to form that frame are called ‘constituents of the frame’; from out of these is born ‘this’ (the gross Body). It is in reference to this that it is added — ‘the perishable proceeding out of the imperishable.’

Question — “What are the ‘subtile constituents’ of the said Principles? Certainly the Rudimentary Substances have no other ‘constituents’ (save those that are subtile), in reference to (for the exclusion of) which such specification could be possible (as that intended by the epithet ‘subtile’).”

Answer — The qualification ‘subtile' is not in relation to the constituents of any single Principle itself; what is meant is that (one principle is ‘subtile’ in relation to, in comparison to, another, i.e.) the Great Principle of Intelligence is subtile as compared to the Rudimentary Substances, and the Root Evolvent (Primordial Matter) is ‘subtile’ as compared to the Great Principle.

[Another explanation of the verse is given below, in the form of an introduction to verse 20]. — 19

 

Explanatory notes by Ganganath Jha:

The ‘seven’ are made up of —

(1) Egoism, the five subtile elements and the Mahat (Medhātithi, Govinda and Kullūka); — (2) Ātman instead of Mahat (Nārāyana and Nandana). Medhātithi notes another enumeration suggested by ‘others’ — (1) The five organs of Perception, (2) the five organs of Action and (3), (4), (5), (6) and, (7) the five grogs elemental substances.’

The name ‘puruṣa’ has been applied to the Tattvas, Principles, — because ‘they serve the purposes of the, soul’ (Medhātithi), — or because ‘they are produced by the Puruṣa, Ātman,’

 

 

VERSE 1.20

Section IX - Creation of the World from ‘Mahat’ downwards

 

आद्याद्यस्य गुणं त्वेषामवाप्नोति परः परः ।
यो यो यावतिथश्चैषां स स तावद् गुणः स्मृतः ॥२०॥

ādyādyasya guṇaṃ tveṣāmavāpnoti paraḥ paraḥ |
yo yo yāvatithaścaiṣāṃ sa sa tāvad guṇaḥ smṛtaḥ ||20||

 

Among these (Elementary Substances), each succeeding one acquires the quality of what precedes it; and each elemental substance is endowed with as many qualities as the place it occupies (in the order in which the said substances are set forth). — (20)

 

Medhātithi’s commentary (manubhāṣya):

In the preceding verse some people offer a different explanation of the number ‘seven’: — (1) The five organs of sensation, the Eye and the rest, taken together from a single group; they are regarded as ‘one’ on account of their possessing the common character of being the instruments of perception; — (2) similarly the five organs of action; these two, forming two groups, are ‘two principles’; — (3-7) the five elemental substances, being treated individually, by reason of their functions being distinct from one another, are the ‘seven principles’; and the five Rudimentary Substances and the principle of Egoism are the ‘subtile constituents’ that go to make up the ‘bodies’ of the said seven; — i.e., these seven are the products of evolution from the said six. — The rest of the verse is explained in the same manner as set forth above.

Thus, in accordance with this explanation, the Elemental Substances having been spoken of in the preceding verse (19), the pronoun ‘eṣām,’ ‘among these,’ refers to those same substances. Though there are several words intervening (between the mention of Elemental Substances in verse (19) and the pronoun ‘among these’ in the present verse), which are in closer proximity to the pronoun, yet, as a matter of fact, what Is described in the present verse, — the fact of ‘these’ being endowed with a particular number of qualities derived from well-defined sources — is applicable only to the Elementary Substances, and not to other things; even though these latter may form the subject-matter of the context (and may as such, be capable of being referred to by the pronoun in question).

The meaning of the verse thus comes to this: — ‘Among these’ Elemental Substances, — which are set out (later on) in a definite order of sequence, one preceding the other — the ‘succeeding one’ acquires the quality of the preceding one, through its connection with it. — The term ‘quality’ here stands for the five, Sound and the rest; — the ‘preceding’ (and ‘succeeding’) is in reference to the order in which the names of the Elemental Substances are set forth in verse 75 below, where it is said that ‘first of all Ākāśa is produced &c., &c.’ The fact of sound &c., being the qualities of these substances will also bo described in that same verse. — Among Ākāśa and the rest, each one occupies a definite place in the order in which they are set forth; the term ‘yāvatithaḥ’ means the number of the place occupied by it; the word being formed by the adding of the affix ‘ithuk,’ by Pāṇini’s Sūtra 5.2.53. The meaning is that each substance becomes endowed with as many qualities as the place, second or third, &c., occupied by it; that is, the substance occupying the second place in the order of sequence has two qualities, that occupying the third place has three, and so on.

The first half of the verse means that among the Elemental Substances, each succeeding one acquires the quality of its predecessor; and each of them is later on (under verses 75 &c.) described has having one quality inherent in itself; for instance, ‘Ākāśa is known as possessing the quality of sound’ (verse 75); ‘Fire is described as possessing the quality of colour’ (verse 77), and so forth; so that acquiring one quality from its predecessor (and having one inherent in itself) each substance would appear to be endowed with only two qualities, — with the sole exception of Ākāśa (which, having no substance ‘preceding’ it, would have the single quality of Sound, which is inherent in itself); hence with a view to preclude such an idea, the author has added the the second half of the verse — Each Elemental Substance being endowed with as many qualities &c. &c., — which means that Wind has two qualities, Fire has three, Water has four, and Earth has five.

“Why does the Author use the form ‘ādyādyasya’? The correct form should be ‘ādyasyādyasya’, the repetition of the term ‘ādyasya’ being necessitated by Pāṇini’s Sūtra 8.1.4; just as we have in such expressions as ‘paraḥ paraḥ.’”

The form used is due to the exigencies of metre; and exigencies of metre justify the non-observance of rules. — (20)

 

Explanatory notes by Ganganath Jha:

Nandana places verse 27 before 20. There appears to be no justification for deviating from the order adopted by all other commentators.

 

Comparative notes by various authors:

Mahābhārata, 12.232.8. — ‘The qualities of the preceding go over to the succeeding and whatever it is and in whatever form and place, so many qualities it is declared to possess.’

 

 

VERSE 1.21

Section IX - Creation of the World from ‘Mahat’ downwards

 

सर्वेषां तु स नामानि कर्माणि च पृथक् पृथक् ।
वेदशब्देभ्य एवादौ पृथक् संस्थाश्च निर्ममे ॥२१॥

sarveṣāṃ tu sa nāmāni karmāṇi ca pṛthak pṛthak |
vedaśabdebhya evādau pṛthak saṃsthāśca nirmame ||21||

 

At the outset he designated distinct names for add things; and devised acts and Laws, on the basis of the words of the veda. — (21)

 

Medhātithi’s commentary (manubhāṣya):

‘He,’ Prajāpati, ‘designated the names of all things’; just in the same manner as people assign names to new-born children, or to other things also, for the purpose of speaking of them in ordinary business; as we find done in such assertions as, ‘āt and aich are called Vṛddhi’ (Pāṇini 1.1.1), or ‘Dhi-śrī-strī &c.’ (Piṅgala). What is meant is that he established a connection between a certain thing and a certain term, — such terms, for instance, as ‘ganḥ’ (Cow), ‘Aśvaḥ’ (Horse) and ‘Puruṣaḥ’ (Man).

He devised also the acts, known as ‘Dhaima-Adharma’ (Virtue-Vice), — i.e., such acts as the Agnithotra and the like which lead to transcendental results.

Having devised the acts, he devised also the ‘laws,’ the rules, governing them; such for instance, as, ‘such and such an act should be done by the Brāhmaṇa only, at such and such a time, for the purpose of obtaining such and such a result.’ — Or, ‘laws’ may be taken as referring to the rules governing the ordinary acts with visible worldly results; such, for instance, as ‘cattle should graze in such and such a place,’ ‘this water should not be given for purposes of irrigation of crops to such and such a village until we have secured such and such a benefit from it in return.’ — He devised also those acts that accomplish only visible results; but those acts that accomplish transcendental results he devised on the basis of Vedic declarations.

Objection — “As a matter of fact, all things have been created by Brahmā; and since he is the only independent agent, the proper statement would have been that ‘he devised the Veda for the purpose of safeguarding the performaṅce of acts’; in fact the devising of the Veda by Brahmā is going to be described even in the present context (in verse 23).”

Answer — On the subject of the origin of the Vedas, several theories have been propounded: (1) Some people hold as follows: — Brahmā studied the Vedas in a previous cycle; — at the following Universal Dissolution, they disappeared; — in the succeeding cycle at first they were recollected by Brahmā, just as if he had gone to sleep and had risen from it; in the same manner as people remember a verse that came to their mind during a dream; — the Veda having been thus recollected by him, he remembers the words of such passages as “gauranubandhyaḥ-aśvastuparo mṛgaḥ (Yajurveda-Vajasa. 24.1), and immediately there come to his mind the things denoted by these words; so that as soon as these things are found to have come into existence, he decides that, inasmuch as such as was the name of this thing in the preceding cycle, it may have the same name in this cycle also. So that he devised the names as well as the acts, both on the basis of the words of the Veda. — (2) The other theory is as follows: — Even at universal Dissolution the Vedas do not disappear at all; they continue to exist for ever, just like the Supreme Being postulated by certain philosophers. This same Supreme Being created within the egg the being named Brahmā and taught him the Vedas; and this Brahmā, on the basis of the words of the Vedas, devised every thing.

What the real truth on this point is we have already set forth above; while for one who seeks for an account in accordance with the Purāṇas, we have just described the two theories that have been propounded.

‘Ādau,’ ‘at the outset’ — at the time of world creation; — or, ‘ādau’ may be taken to mean ‘ever-lasting,’ referring to those names whose original form has not become corrupted, as distinguished from such corrupted names as ‘gāvī’ and the like, which owe their origin to the incapacity of men (to pronounce the corect forms).

‘Distinct’ — the names designated were in accordance with that configuration of the body peculiar to each species; what he designated was not merely a collective name (applicable to all animals), — but a distinct name for each species. — (21)

 

Comparative notes by various authors:

Mahābhārata, 12.232.26. — ‘Out of the words of the Veda itself did He, in the beginning, create the names of the sages, as also of all those creations that are described in the Veda.’

 

 

VERSE 1.22 [Creation of the Gods]

Section X - Creation of the Gods

 

कर्मात्मनां च देवानां सोऽसृजत् प्राणिनां प्रभुः ।
साध्यानां च गणं सूक्ष्मं यज्ञं चैव सनातनम् ॥२२॥

karmātmanāṃ ca devānāṃ so'sṛjat prāṇināṃ prabhuḥ |
sādhyānāṃ ca gaṇaṃ sūkṣmaṃ yajñaṃ caiva sanātanam ||22||

 

For the sake of living beings intent upon action, he created the eternal sacrifice; as also the host of Gods and the subtile multitude of the lesser divinities, the Sādhyas. — (22)

 

Medhātithi’s commentary (manubhāṣya):

‘Living beings intent upon action’ — stands for human beings intent upon the performance of actions; for the accomplishment of the purpose of these, ‘he created the sacrifice.’ Those men are called ‘intent upon action’ who, not giving themselves up to the worship of Brahman, still hanker after such results as the obtaining of sons and cattle, etc., and accepting the philosophy of Dualism, engage themselves in the performance of actions. — The Genitive ending also (in the words ‘Karmātmanām prāṇinām) signifies ‘for the sake of’; hence the meaning is that ‘he created the sacrifice for the sake of the said beings.’ — ‘The hosts of gods’ also he created for the sake of sacrifices. — The particle ‘ca’ is misplaced after ‘Karmātmanām’; its proper place is after ‘devānām’; the meaning thus being — ‘He created the sacrifice, and for the sake of the due fulfilment of the sacrifice, he created also the hosts of gods, such as Agni, Agni-Soma, Indra-Agni and so forth. — He also created the multitude of the divinities called ‘Sādhyas’ — the word ‘gaṇam’ being construed with ‘Sādhyānām’ also. The Sādhyas are mentioned apart from the ‘Gods,’ because they are not entitled to partake of the sacrificial offerings, — they being entitled only to having hymns addressed to them. That the Sādhyas form a particular class of divinities is shown by such passages as ‘In the beginning there were the gods named Sādhyas’ (Ṛgveda 10.90.16). — Or the separate mention of the ‘Sādhyas’ may be explained on the analogy of such expressions as ‘brāhmaṇa-parivrājaka’ and the like [the ‘Parivrājaka’, ‘wandering renunciate’ is a ‘Brāhmaṇa’ with some qualifications; similarly the Sādhyas are Devas with the further qualification that they are not entitled to a share of the offerings], — ‘Subtile’ — the multitude of Sādhyas is Subtile in comparison to such deities as the Maruts and the Rudrāṅgirases. — The mention of the Sādhyas is meant to include all those deities that have no connection with sacrificial offerings, such, for instance, as Veno, (?) Sunīti (?) and so forth.

 

[Another explanation of the verse.]

Some people construe ‘Karmātmanām-devānām-prāṇimām’ together, taking them as co-extensive. The ‘gods’ being called ‘Karmātmānaḥ’ in the sense that they are of the nature of actions, actions form the very essence of their nature; they are so called, because they help in the accomplishment of sacrificial acts, or because they constitute the most important factor in the sacrificial act. Among the gods there are some who arc described in the Itihāsas, in connection with sacrifices, as possessed of distinctive forms; to this class belong the gods, Indra, Rudra and Viṣṇu; there are others who are gods, not in their own forms, but only at sacrifices; to this class belong the ‘Akṣa’ (wheel-axle), ‘Grāvan’ (Pebbles) and the Rathāṅga (the wheels, or the constituent parts of the chariot). As regards Indra &c., we find in the Mahābhārata descriptions of such deeds of theirs as fighting with Vṛttra and other Asuras; but there is no description of any such acts in connection with the Wheel-axle &c.; and yet in the Vedic hymns connected with sacrificial offerings we find these latter spoken of as ‘deities’; for instance, the wheel-axles are referred to as deities in the hymn ‘prāvepāmā &c’; (Ṛgveda, 10.34.1); the Pebbles are spoken of as deities in the hymn ‘praite vadantu &c.’ (Ṛgveda, 10.94.1) — the Wheels are spoken of as deities in the hymn ‘vanaspate vīdvaṅgu &c.’ (Ṛgveda 6.47.26). — It is in view of (with a view to exclude) these latter (which are inanimate) that we have the epithet ‘prāṇinām’ (Animate). There are two kinds of gods; some are animate, others inanimate; e.g., Indra and others are described in the ‘Purāṇa’ as having human bodies and endowed with life; but the wheel-axle &c. are not found so described. All this conception of the creation of things is based upon Itihāsas. An additional ‘ca,’ also, has to be taken as understood; the meaning being ‘animate and also the inanimate.’ According to the Nirukta also there are three kinds of deities — Horses, mentioned in the hymn ‘mā no mitra &c.’ (Ṛgveda, 1.162.1), Birds mentioned in the hymn ‘Kanikradat &c.’ (Ṛgveda 5.83.1), and Bulls mentioned in the hymn ‘āgāvo agman’ &c. (Ṛgveda, 6.28.1); — all these deities are animate; and the inanimate ones have been already described.

The epithet ‘eternal’ qualifies the ‘sacrifice’; the sacrifice having existed in the previous cycle also, there is a continuity of tradition in regard to it; and it is on this ground that it is regarded as eternal. — (22)

 

Explanatory notes by Ganganath Jha:

The meaning of this verse, which Buhler attributes to Medhātithi, is one that the latter has not put forward at all. His explanation is somewhat different, as will be clear from the translation. He has however noted an explanation by ‘others’, which is rightly rendered by Buhler as — ‘The Lord created the multitude of the gods whose nature is sacrifice and of those endowed with life.’ — According to Rāghavānanda it means — ‘The Lord created among beings endowed with life the (to us) invisible multitude of the gods who, by the result of their acts, have obtained their divine station, or who subsist on offerings.’

 

 

VERSE 1.23 [Creation of the Vedas]

Section XI - Creation of the Vedas

 

अग्निवायुरविभ्यस्तु त्रयं ब्रह्म सनातनम् ।
दुदोह यज्ञसिद्ध्यर्थं ऋच्।यजुस्।सामलक्षणम् ॥२३॥

agnivāyuravibhyastu trayaṃ brahma sanātanam |
dudoha yajñasiddhyarthaṃ ṛc|yajus|sāmalakṣaṇam ||23||

 

From out of (the three deities) Agni, Vāyu and Ravi, he extracted, for the due fulfilment of sacrifices, the eternal Brahman, threefold, in the forms of ‘Ṛk,’ ‘Yajuṣ’ and ‘Sāman.’ — (23)

 

Medhātithi’s commentary (manubhāṣya):

There are only three deities, Agni, Vāyu, and Ravi, — say the followers of the Nirukta; even though these three have several names; and in accordance with this theory the text would mean as follows: — ‘For the due fulfilment of the sacrifices,’ to these three deities, — the Dative ending (in the term ‘agnivāyuravibhyaḥ’) being due to the fact of these three deities being the recipients of the sacrificial offerings, — ‘he milked the Brahman,’ called ‘Veda’, ‘in the forms of Ṛk, Yajuṣ and Sāman.’

But as a matter of fact, the root (in ‘dudoha’ ‘milked’) is one that should have two objects; it has its primary object in the form of ‘trayam’; and it should have a second, the secondary, object; but there is no such secondary object in the sentence. Hence we conclude that the term ‘ravibhyaḥ’ should be taken in the Ablative case; the meaning being — ‘From out of the three deities, Agni &c, he extracted’ — made to flow, produced — [the Veda].

Question: — “How could the words, the mantra-texts and the Brāhmaṇa-texts (of which the Veda consists) — which are made up of letters — come out of Agni and other deities?” Answer: — Why is this not possible? In regard to invisible forces, who can say that they do not exist?

[An objection is raised against the second interpretation preferred by the Bhāṣya] — “It is not right to alter the meaning of the verb (‘dundoha,’ ‘milked’); so that (if the root retains its own meaning) how could we havo the Ablative (in ‘agnivāyuravibhyaḥ’)? It should take the Accusative ending, according to the grammatical rule under Pāṇini’s Sūtra 1.4.51, which lays down that the roots ‘duhi,’ ‘yāci’ &c., take two objects, and the source from which the ‘milking’ is done is the secondary object. Further, the mind of reasonable men is not satisfied when what is described as having happened in the past is something that is not compatible with the ordinary sources of knowledge.”

This incongruity becomes explained away when we take the statement as referring to the framework of the Vedas; the meaning being that the Ṛgveda came out of Agni, the Yajurveda out of Vāyu and the Sāmaveda out of Ravi. Then again, it has to be borne in mind that Agni and the rest are deities endowed with superior potencies, and Prajāpati is possessed of unexcelled powers; so that what can be impossible for these? Under this explanation full significance should attach to the Ablative; so that the case-relation being already expressed (by the Ablative), and the Ablative being duly significant, it is the Ablative that is used [and not the Accusative, which has been laid down in Pāṇini 1.4.51 as to be used only in cases where the case-relation is not otherwise expressed]; this has been fully justified in the Bhāṣya (of Patañjali).

Question: — “If the said theory be not accepted, what would be the explanation of the word ‘agnivāyuravibhyaḥ’ then?”

Answer: — In that case, we have already said that it could be taken as the Dative; and (as regards the necessity of the verb ‘dudoha,’ ‘milked,’ having a secondary object) it has to be borne in mind that all that is here stated is mere vāda. So that (physical impossibilities being not counted) ‘ātman’ may be taken as the required secondary object, — the meaning being that ‘Prajāpati milked himself (of the Veda)’ [‘for the sake of Agni, and Ravi’]. And further, ‘milking’ may be taken in the sense of teaching, which resembles the act of milking in consisting of transferring a thing from one receptacle into another. [So that the passage would mean that ‘he taught the Veda to Agni &c.’] Even when the word ‘agnivāyuravibhyaḥ’ is taken as Ablative, the statement can be justified on the ground that the opening verses of the Ṛgveda speak of Agni, — this fact being what is meant by the statement ‘the Ṛgveda came out of Agni.’ Similarly, the opening verse of the Yajurveda is ‘Iṣe tvorje’ &c., whore the term ‘iṭ’ (the base in ‘iṣe’) means food, and food is produced by Vāyu, which is present within the food, by the bestowing (upon it) of rain; ‘urk’ (the base in the second word ‘urje’) means life-breath, and this is Vāyu (Air) itself; thus since the Yajurveda opens with the description of the effects of Vāyu, we have the metaphorical expression that ‘it came out of Vāyu.’ Or, the duties of the Adhvaryu and the functions of the Ṛtviks (which form the subject-matter of the Yajurveda) all consist of so many forms of activity; and all activity proceeds from Vāyu; hence it is on the basis of this similarity that the Yajurveda is spoken of as coming out of Vāyu. Lastly, as regards the the singing of the Sāman cannot be done except by persons specially qualified for it; hence the Sāma verses are such as can be duly read by only the best among men, and Ravi (the Sun) occupies the highest point in space [and on this fact is based the statement that the Sāmaveda came out of Ravi ]. — (23)

 

Explanatory notes by Ganganath Jha:

There are two explanations of this verse, supplied by Medhātithi: — (1) ‘For the sake of the accomplishment of the sacrifice to Agni, Vāyu and Sūrya, He produced the Veda,’ and (2) ‘Out of Agni......He produced the Veda’; — the latter being preferred, for reasons adduced in the Bhāṣya.

Burnell has a curious note here to the effect that — ‘This myth of the creation of the Vedas differs from the Sāṅkhya account, according to which they are eternal and issue from Brahmā’s mouth.’ It was necessary to supply references to the work on Sāṅkhya here referred to.

Medhātithi (p. 19, 1. 9) ‘Asmindarśane’ — etc. This refers to the passage in the Mahāhhāṣya (Nirṇayasāgara edition, ‘Vol. II, p. 265, l. 18).

A similar use of the Ablative ending we find in 2. 77.

Do. (p. 19, l. 11) ‘Dohanañchādhyāpanam’ — In this case ravibhyaḥ would be the Dative form.

 

 

VERSE 1.24 [Creation of Time]

Section XII - Creation of Time

 

कालं कालविभक्तीश्च नक्षत्राणि ग्रहांस्तथा ।
सरितः सागरान् शैलान् समानि विषमानि च ॥२४॥

kālaṃ kālavibhaktīśca nakṣatrāṇi grahāṃstathā |
saritaḥ sāgarān śailān samāni viṣamāni ca ||24||

 

[He created] also Time, the Divisions of Time, the Lunar Mansions, the Planets, the Rivers, the Oceans, the Mountains and the tracts of land, plain and rugged. — (24)

 

Medhātithi’s commentary (manubhāṣya):

The author mentions Time, because it belongs to the same category (of ‘action’) as Duty. It is only according to Vaiśesikas that Time is a substance; according to others it is a form of action; it consists in the extension of the motions of the Sun and other planets, and is liable to return.

‘Divisious of Time’ — such divisions as into ‘month,’ ‘season,’ ‘half-year,’ ‘year’ and so forth.

‘Lunar Mansions’ — such as Kṛttikā (Pleiades), Rohiṇī (Aldebaran) and the rest.

‘Planets’ — Sun and the rest.

‘Rivers’ — streams.

‘Oceans’ — seas — and ‘Mountains.’

‘Even tracts of land’ — such tracts of land as are of one uniform form, devoid of ditches and holes. — ‘Rugged tracts of land’ — such as are high and low. — (24)

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 19, 1. 21) — It is interesting to note that even so late as Medhātithi’s time, the Lunar Mansions were counted from Kṛttikā onwards, and not from Aśvinī as in the more recent astronomical systems. (See Thibaut on ‘Indian Astronomy’ in Indian Thought Vol. I.)

This verse is quoted in the Gadādharapaddhati — Kālasāra, p. 5, as describing the creation of time and its divisions; — also in the Kālamādhava (p. 45) as describing the creation of time by God; it reads ‘vibhaktim’ for ‘vibhaktiḥ.’

 

 

VERSE 1.25 [Creation of Happiness]

Section XIII - Creation of Happiness

 

तपो वाचं रतिं चैव कामं च क्रोधमेव च ।
सृष्टिं ससर्ज चैवैमां स्रष्टुमिच्छन्निमाः प्रजाः ॥२५॥

tapo vācaṃ ratiṃ caiva kāmaṃ ca krodhameva ca |
sṛṣṭiṃ sasarja caivaimāṃ sraṣṭumicchannimāḥ prajāḥ ||25||

 

Being desirous of bringing into existence these creatures, he created this entire creation (comprising) austerity, speech, happiness, desire and anger. — (25)

 

Medhātithi’s commentary (manubhāṣya):

‘Happiness’ — Satisfaction of the mind ‘Desire’ — Longing or Love; the rest are well known.

‘He created this creation’ comprising the things mentioned and others of the same kind. — The term ‘this’ refers to the creation of things mentioned in this verse as also that described in the foregoing verses.

‘Being desirous of bringing into existence these creatures’ — such, for instance, as the Devas and Asuras, the Yakṣa, the Rākṣasa, and Gandharva and other beings, the vehicle of these beings, in the form of the body equipped with the soul and characteristics, and also Dharma; these he created first of all.

“What sort of verbal expression is this — ‘he created the creation’?” It means exactly what is meant by the expression ‘he wrought or did the creation’; as a matter of fact, all verbal roots express some particular form of action, denoted by the root ‘Kṛ’; e.g., ‘cooks’ is synonymous with ‘does the cooking; ‘sacrifices’ is the same as ‘does the sacrificing’; in the expression under question the peculiar form of the action (of creation) having been already expressed by the verbal noun (‘creation’), the root contained in the verb (‘created’) comes to denote only the action. To guard against such an expression living open to the charge of being a needless repetition, involved in the action being spoken of by means of the root in the verb, after it has been already expressed by the verbal noun, — we may take the mention of the verb to be for the purpose of expressing the tense and the voice (which could not be expressed by the verbal noun). — Or, the term ‘creation’ may be taken as standing for the particular created things known by the ordinary means of knowledge and forming the object of the general act of creating expressed by the verb ‘created’; such usage being analogous to the expression ‘svapoṣam puṣṭaḥ,’ ‘reared the rearing by oneself’ (where the rearing qualified by ‘self’ forms the object of the verb ‘reared’, which denotes rearing in general). — (25)

 

 

VERSE 1.26 [Differentiation of Virtue and Vice]

Section XIV - Differentiation of Virtue and Vice

 

कर्मणां च विवेकार्थं धर्माधर्मौ व्यवेचयत् ।
द्वन्द्वैरयोजयच्चैमाः सुखदुःखादिभिः प्रजाः ॥२६॥

karmaṇāṃ ca vivekārthaṃ dharmādharmau vyavecayat |
dvandvairayojayaccaimāḥ sukhaduḥkhādibhiḥ prajāḥ ||26||

 

For the due discrimination of actions, he differentiated Virtue and Vice; and he connected these creatures with such pairs of opposites as Pleasure-Pain and the like. — (26)

 

Medhātithi’s commentary (manubhāṣya):

‘He differentiated Virtue and Vice’ — He fixed their character by due distinction, i.e., as distinct from each other; in such form — ‘this is Virtue, that is Vice.’

Objection: — “In reality however, there is no such hard and fast distinction; there are several actions that partake of the nature of both and are both virtuous and vicious (sinful); for instance, they say that the actions (of sacrifice) laid down in the Veda are of mixed character, being accomplished, as they are, by means of animal-slaughter; the sacrifice for instance, is by itself a virtuous or meritorious act, but by reason of animal-slaughter forming one of its factors, it is vicious or sinful.”

It is in view of this objection that the text has added the phrase — ‘For the due discrimination of actions’; — the term ‘action’ here stands for the actual process, the performance of actions; as a matter of fact, the same act, if performed in a different manner, acquires an entirely different character; i.e., an act which is virtuous (when done in one way) becomes vicious (when done in another way), and vice versâ; e.g. the act of animal-slaughter itself; animal-slaughter, when done apart from a sacrificial performance, is vicious, sinful, — forming as it does the subject of such Vedic prohibitions as ‘One should not kill any animals’; but when done within the sacrificial altar, during the Agnīṣomīya offering, it in virtous, meritorious — being an act that forms the subject of injunctions. Similarly, Austerity (in itself) is virtuous; but when it is performed through hypocrisy, or by a person unfit for performing it, it is vicious. Similarly again, for women, intercourse with the husband’s younger brother is sinful; but when under orders from her elders, a woman desiring children has intercourse with her brother-in-law, who is besmeared with clarified butter &c. (as laid down in the scriptures), it is virtuous. Thus then, even though the action be one and the same, there is a distinction based upon the way in which it is actually performed. The sameness of the action however is only apparent; in view of other sources of knowledge the acts (done in different ways) are different.

Further, the term ‘action’ may be taken as standing for the effects of the actions, — the cause being figuratively spoken of as the effect. Thus the meaning comes to be as follows: — ‘He differentiated actions for the due discrimination of the effects of actions.’

In view of the question as to what is the ‘discrimination of the effects of actions,’ it is added — ‘he connected them with pairs of opposites, in the shape of Plensure-Pain and the like’; — ‘Pleasure’ being the effect of ‘Virtue’ and ‘Pain’ of ‘Vice.’ It is thus that people performing both kind of actions become associated with these pairs of opposites; by performing virtuous acts they become associated with pleasure, and by performing vicious acts they become connected with pain.

The term ‘dvanḍva’, ‘Pair of opposites,’ is, by usage, applied to such mutually contradictory sources of pain as ‘Heat-Cold,’ ‘Rain-Hot weather,’ ‘Hunger-Satiation,’ and so forth.

The phrase ‘and the like’ refers to the general and special forms of the said sources of pain. For instance, the terms ‘Pleasure-Pain,’ in their general form are denotative either of ‘Heaven-Hell,’ or of ‘excessive joy and sorrow’; while in their special form, they stand for the ‘obtaining of heaven, of landed property, of sons, of cattle and so forth (‘Pleasure’) and the ‘being deprived of these’; all these being implied by the terms ‘Ādi,’ ‘and the like.’

The creation of Actions having been described before (in Verse 18 et seq.), what is described in the present verse is that Prajāpati brought about the distinction in their actual performance, as also the discrimination of their effects; thus there is a difference between what was said before and what is said now. — (26)

 

Explanatory notes by Ganganath Jha:

The term ‘dharma’, as Burnell rightly remarks, stands for a man’s whole duty, including both secular and religious duty.’

The other ‘Dvandvas’ are Kāma (Desire) — Krodha (Anger) — Rāga (Attachment) — Dveṣa (Hatred) — ‘Kṣut (Hunger) — Pipāsā (Thirst) — Harṣa (joy) — Viṣāda (Sorrow)’ and so forth.

 

 

VERSE 1.27 [Creation of Gross and Subtile things]

Section XV - Creation of Gross and Subtile things

 

अण्व्यो मात्रा विनाशिन्यो दशार्धानां तु याः स्मृताः ।
ताभिः सार्धमिदं सर्वं सम्भवत्यनुपूर्वशः ॥२७॥

aṇvyo mātrā vināśinyo daśārdhānāṃ tu yāḥ smṛtāḥ |
tābhiḥ sārdhamidaṃ sarvaṃ sambhavatyanupūrvaśaḥ ||26||

 

The evanescent subtile constituents of the half-ten (Elemental Substances) that have been described, — along with those, this whole (world) comes forth, in due order. — (27)

 

Medhātithi’s commentary (manubhāṣya):

This verse sums up what has gone before.

‘Of the half-ten’ — i.e., of the five elemental substances; — ‘the subtile,’ — minute, — ‘constituents,’ — parts; i.e., the ‘Rudimentary substances’; these are ‘evanescent’; — they are called ‘evanescent’ (liable to destruction) in the sense that, being liable to undergo modifications, they take up grosser forms. — ‘along with those,' ‘this whole’ — world, — ‘comes forth,’ — is produced; — ‘in due order,’ — in proper sequence; i.e., from the subtile the gross, and from the gross the grosser; or in the order in which they have been described (in the foregoing verses). — (27)

 

Explanatory notes by Ganganath Jha:

‘Vināśinyaḥ’ — because liable to change into gross substances (Medhātithi, Govinda and Kullūka); or because they are products (Rāghavā.)

The commentators are at some pains to explain the incongruity of the inter-position of the present verse in the middle of what purports to be a connected account of the process of creation. Medhātithi says the verse serves the purpose of summing up what has been said so far; — Govindarāja and Kullūka make it serve the purpose of setting aside the notion that the creation was accomplished by Brahman without the help of the ‘principles’; — and Nārāyaṇa holds that it is meant to lay stress upon the non-eternality of atoms; — Nandana has solved the difficulty by placing this verse after verse 19.

 

 

VERSE 1.28-29 [Creation dependent upon ‘Karma’]

Section XVI - Creation dependent upon ‘Karma’

 

यं तु कर्मणि यस्मिन् स न्ययुङ्क्त प्रथमं प्रभुः ।
स तदेव स्वयं भेजे सृज्यमानः पुनः पुनः ॥२८॥

yaṃ tu karmaṇi yasmin sa nyayuṅkta prathamaṃ prabhuḥ |
sa tadeva svayaṃ bheje sṛjyamānaḥ punaḥ punaḥ ||28||

 

Each being, when created again and again, naturally conformed to that same act to which the lord had, at first, directed him. — (28)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse is as follows: — Even though Prajāpati, being the supreme director of the creation of things, can create living creatures just as he chooses, yet, as a matter of fact, he creates them, not without reference to the actions done by them during the preceding cycles; he makes the creature born in that family of creatures which is indicated by the act done by it during the previous cycle, — and never in any other family; if the creature has, in the past, done a good act, it is led to be born in a family in which it would be enabled to experience the good results of that act, — in such families for instance, as ‘God,’ ‘Man’ and so forth; if, on the other hand, the acts of the creature have been bad, it is born in such families as ‘animals,’ ‘evil spirits’ and the like. What happens is that at the beginning of each new creation, the acts done by creatures in the previous cycle come out, after having, during Dissolution, lain latent within their source; just in the same manner as the Elements, the Organs and the Constituent Attributes come out at the beginning of each creation, after having lain latent within their source, in the Boot Evolvent. And the reason for this lies in the fact that the law relating to the ‘residue of the past’ (affecting the future) applies with equal force to the case in question also.

Question: — “If the coming into existence (of a creature) is dependent upon its own past acts, where then does the almighty power of Prajāpati come in? Of what sort too would be the almighty power which is dependent upon extraneous influences?”

Answer: — It is only when the said almighty power is there and (active) that the world comes into existence; how then can the said power he said to have no effect at all? In fact, neither continuance, nor production, nor dissolution (of the world) is possible except when that power is present, — the power of God being ever present, at all times. In reality, what lead to a creature being born are (1) acts done by itself, (2) the will of Prajāpati and (3) the evolution of the Root Evolvent. It is by all this set of causes that this world is produced, exists and becomes dissolved. The mere fact of Prajāpati being influenced by the things does not deprive him of his almighty power. The case stands upon the same footing as a king bestowing upon his servants and dependents the rewards for acts done by them; exactly in the same manner Prajāpati assigns to each creature what is in accordance with its previous acts; and yet neither the King nor Prajāpati cease to be ‘all-powerful.’

Objection: —

“The meaning assigned to the verse does not appear to be its right meaning at all. What appears to be its right meaning is that the Creator is entirely independent in assigning their work to the creatures. The verse thus means as follows: — ‘Every creature conformed to, — i.e., carried on — that same action — in the form either of doing harm to others, or its contrary, — to which the Lord had directed it at — at the beginning of creation’; that is, man does not have recourse to actions, cither entirely on the advice of his father and other elders, or by his own will; in fact, whatever good or bad action he performs, he does wholly in accordance with Prajāpati’s directions, entirely uninfluenced by the advice of any other person.

‘When created again’ — i.e., when born again, whether in another cycle, or in this same cycle, — it is Prajāpati alone who directs all animate beings to be the doers of actions; hence even past good and bad acts arc done by them only in obedience to the directions of Prajāpati; this has been thus declared: — ‘They become agents without being masters of their own actions; to the good or the bad act they are led on by God’; and again ‘this ignorant creature has no control over his pleasure and pain; it is only as led on by God that he goes to heaven or to hell.’”

To the above we make the following reply: — If the suggested explanation were accepted, (1) it would mean the abandoning of the idea of an inseparable connection between Actions and their results, — (2) it would also mean that all human effort is useless (everything being determined entirely by the independent will of God), — (3) and it would mean that the injunctions of the Agnihotra and such acts, as well as the worshipping of Brahman, are entirely futile; in fact it would come to this that actions for visible or invisible results would be undertaken by only such men as are ignorant of the nature of God; while those who are of opinion that the doing of actions and the enjoying of their results are dependent on the will of God would never engage in any form of activity; they would keep away from activity under the impression that ‘even though an action may be done, its result may not follow (if God so wished it), and even though we may not do the act, we may enjoy its results (if God so willed it).’ Especially because the desire for being the doer of a certain act does not arise in the man forcibly through the prompting of God, as illness arises from unwholesome food; on the other hand, if the said desire is held to be determined by the connection between the action and its result, — the idea being that ‘this result follows from this action’ — then it would not be true that ‘the Lord directed the man to the act’ (as the text says).

The direction by God, spoken of in the text can be admitted only on the authority of the scriptures; and in the statement — ‘that action to which the Lord directed him at first,’ — the phrase ‘at first’ is used in reference to the present, since the world is beginningless (so that ‘at first’ could not mean at the beginning of creation)’, and as regards the ‘direction’ or ‘supervision’ by the Lord, this extends over all tilings (not only to Actions), he being the efficient cause of Time and Space (within which all things have their being). [In this way the idea of God’s supervision is not incompatible with the theory that results accrue to men from their own acts.]

Other people offer the following explanation of the verse: — When a personality happens to be born in a different animal-species (from that in which it was born in its former life), it does not require the effects of its former conditions; nor is there the resultant continuity of its former nature; when, for instance, a certain personality happens to be born in the foline species, which species God originally prompted to such acts as the killing of others and the like, — it renounces the quality of mercy which it may have practised during its human existence, and acquires the quality of that species in which it is born, even though this latter quality may not have been taught by any one. What is meant is that the actions due to the nature of the personality being ordained by God are extremely potent, and make the personality forget its former habits.

The idea contained in this verse is further expanded in the following verse. — (28)

 

हिंस्राहिंस्रे मृदुक्रूरे धर्माधर्मावृतानृते ।
यद् यस्य सो'दधात् सर्गे तत् तस्य स्वयमाविशत् ॥२९॥

hiṃsrāhiṃsre mṛdukrūre dharmādharmāvṛtānṛte |
yad yasya so'dadhāt sarge tat tasya svayamāviśat ||29||

 

Hurtfulness or harmlessness, tenderness or hard-heartedness, virtue or vice, truthfulness or truth-lessness, — each of these accrued to that being in which he implanted it at creation. — (29)

 

Medhātithi’s commentary (manubhāṣya):

‘Hurtful’ is that which deprives living beings of life, such for instance, as the Serpent, the Lion and the Elephant; — the opposite of this is the ‘Harmless’; for instance, the several species of the Deer, the Ruru, the Pṛṣat and the like; — ‘Tender’ is that which is kind, which causes no suffering to any one; — ‘Hard-hearted’ is that which causes pain to others; — the rest are well known.

Out of the said pairs of the line of actions, that which ‘he,’ Prajāpati, in accordance with its previous conduct, ‘implanted,’ assigned, ordained, — in a being, — ‘at creation’ — at the beginning of creation, — that line of action the created living being acquires by itself.

No significance is meant to be attached to the past tense in ‘accrued’: for even now-a-days we find the qualities inherent in a certain class of beings coming to the individual without teaching, spontaneously. — (29)

 

Explanatory notes by Ganganath Jha:

(verse xviii)

Medhātithi notes two explanations of this verse.

The natural meaning appeal’s to be that ‘each being continues, in each succeeding Birth, to betake itself to the same function that was assigned to it in the beginning by Prajāpati.’

But this being incompatible with the law of Karma, which has been regarded as adumbrated by Manu in I. 41, — Medhātithi has tried his best to get out of the words the meaning that the conditions and activities of each being are ordained in accordance with his past deeds; — but the only argument that he puts forward in support of assigning this meaning is that the literal meaning of the words would give rise to a number of undesirable contingencies. According to Medhātithi, creation is due to the joint action of the three causes — (1) the being’s past acts (2) God’s will and (3) Evolution of Prakṛti.

The confusion of thought in regard to the exact meaning of this and the following two verses is further shown by the fact that Medhātithi (p. 22, l, 27 under verse 30) has thought it necessary to set forth ‘another explanation’ of these texts.

 

Comparative notes by various authors:

(verse xviii-xix)

Mahābhārata, 12.232.16. — ‘Of the created things, whatever functions became assigned to whichever thing at the beginning of creation, that thing take to those same functions, whenever they are created again and again.’ ‘Harmfulness or harmlessness, gentleness or ferociousness, righteousness or unrighteousness, truthfulness or untruthfulness, with one or the other of these they are obsessed, and hence are they fond of just those.’

 

 

VERSE 1.30

Section XVI - Creation dependent upon ‘Karma’

 

यथर्तुलिङ्गान्यर्तवः स्वयमेवर्तुपर्यये ।
स्वानि स्वान्यभिपद्यन्ते तथा कर्माणि देहिनः ॥३०॥

yathartuliṅgānyartavaḥ svayamevartuparyaye |
svāni svānyabhipadyante tathā karmāṇi dehinaḥ ||30||

 

Just as on the approach of the turn of the Seasons, each season, by itself, acquires its own seasonal characteristics, — so in the same manner living beings take up their respective lines of action. — (30)

 

Medhātithi’s commentary (manubhāṣya):

In support of what has been said in the foregoing verses, an illustration is cited. Just as even inanimate things have their character fixed by the law of God, — so animate beings also do not go beyond the law laid down by Prajāpati, in accordance with the past acts of men; they have recourse to that same line of action which has been assigned to the family of beings in which they are born; any other line of action they cannot take up, even though they may wish to do so.

‘The seasons’ — Spring and the rest; — ‘its own seasonal characteristics’ — in the form of leaves, flowers, cold, heat, rain and so forth. — ‘at the approach of the turn’ — when the turn, the occasion for functioning, of a particular season arrives, — that season acquires its character, by itself; and it does not stand is need of any act of man. For instance, at the advent of spring, mango-blossoms bloom forth by themselves, and they, do not stand in need of watering at the roots. In the same manner the ‘lines of action’ of men — which exist in their ‘unseen’ or latent form — [operate by themselves]. As a matter of fact, there is no such thing as is not affected by the ‘acts’ (of men); for instance, it is in the nature of the Rainy Season that there should be rain, and yet on account of the faulty action, either of the king or kingdom itself, there is sometimes drought. From all this it follows that the force of ‘action’ is irrepressible.

The frequent repetition of the term ‘ṛtu’ season,’ is due to the exigencies of metre.

 

 

VERSE 1.31 [Creation of the Brāhmaṇa and other castes]

Section XVII - Creation of the Brāhmaṇa and other castes

 

लोकानां तु विवृद्ध्यर्थं मुखबाहूरुपादतः ।
ब्राह्मणं क्षत्रियं वैश्यं शूद्रं च निरवर्तयत् ॥३१॥

lokānāṃ tu vivṛddhyarthaṃ mukhabāhūrupādataḥ |
brāhmaṇaṃ kṣatriyaṃ vaiśyaṃ śūdraṃ ca niravartayat ||31||

 

With a view to the development of the (three) regions, He brought into existence the Brāhmaṇa, the Kṣatriya, the Vaiśya and the Śūdra, from out of His mouth, arms, thighs and feet (respectively). — (31)

 

Medhātithi’s commentary (manubhāṣya):

‘With a view to the development of the regions.’ terrestrial and the rest; — ‘development’ stands for Nourishment and expansion; it is only when the four castes, Brāhmaṇa and the rest, are there that there is development of the three regions; for the Gods live upon offerings made by these castes, — these castes alone being entitled to the performance of sacrifices; so that the action done by these nourishes the two regions (celestial and subterranean); then again, the Gods also are prompted by men’s action to act; from the Sun-God comes rain; and thus the said creation (of the Brāhmaṇa) tends to the nourishment of this (terrestrial) region also.

‘He brought unto existence,’ — i.e., produced, the Brāhmaṇa and other castes, — ‘from out of his mouth, arm’, thighs and feet’ respectively; i.e., the Brāhmaṇa from out of his mouth, the Kṣatriya out of his arms, the Vaiśya out of his thighs and the Śūdra out of his feet. — The affix ‘tasi’ (in ‘mukha bāhārupādataḥ’) has the sense of the Ablative; the effect is, as it were, drawn out of the cause; and this implying a sort of separation, the use of the Ablative becomes fully justified.

It was only a certain primeval Brāhmaṇa whom Prajāpati produced, by his divine power, out of the component particles of his own mouth; because so far as the Brāhmaṇas of the present day are concerned, they are all actually found to he produced by intercourse between human couples, out of the material principles.

In reality however, what is stated here is merely commendatory, intended to show the relative superiority and inferiority of the castes; — the meaning being — ‘of all beings Prajāpati is the highest, — among all the limbs of Prajāpati, the mouth is the highest, — similarly the Brāhmaṇa is the highest, most praiseworthy, of all the castes;’ and on the basis of this similarity the Brāhmaṇa is described as produced out of Brahma’s mouth.

Or, the description of the Brāhmaṇa coming out of Brahma’s mouth may be due to the fact that the work of the mouth, such as teaching and the like, belongs preeminently to the Brāhmaṇa; to the Kṣatriya belongs the work of the arms, lighting; to the Vaiśya the work of the thighs, such as wandering about with the cows, when tending cattle, and also travelling for trade on land and water; and to the Śūdra belongs the work of the feet, i.e., service. — (31)

 

Explanatory notes by Ganganath Jha:

‘Lokavivṛddhyartham’ — ‘in order that the inhabitants of the worlds might multiply (or prosper)’ — (Medhātithi, Govindarāja and Kullūka); — ‘in order to protect the world by means of the castes, and to make it prosperous’ (Nārāyaṇa).

It is refreshing to find Medhātithi regarding this account of the castes issuing from the mouth and other parts of the body of the Lord as mere ‘stuti’ — not to be taken as literally true.

 

 

VERSE 1.32 [Creation of the Male and the Female]

Section XVIII - Creation of the Male and the Female

 

द्विधा कृत्वाऽत्मनो देहमर्धेन पुरुषोऽभवत् ।
अर्धेन नारी तस्यां स विराजमसृजत् प्रभुः ॥३२॥

dvidhā kṛtvā'tmano dehamardhena puruṣo'bhavat |
ardhena nārī tasyāṃ sa virājamasṛjat prabhuḥ ||33||

 

Having divided his body into two halves, with the one half, the Lord became Male, and with the other half, Female; from her he produced Virāj. — (32)

 

Medhātithi’s commentary (manubhāṣya):

The creation described here is apparently of another Being; but others have held that it is of the same Brahmā; the meaning being that the body that came out of the Egg being divided into two halves, ‘with one half he became Male’ — i.e., he became a male being, capable of instilling semen — and ‘with the other half he became the Female’; that is, his body assumed the form of the Hermaphrodite, like Gaurī-Śaṅkara (combined in a single body). Or, it may mean that he crested the Female apart (from the Male). — Having created her, he produced, from her, by the act of procreation, that being whose well-known name is ‘Virāj.’ What is meant is that Prajāpati had recourse to his own daughter.

This mention of the bifurcation of Prajāpati’s body is based upon the fact that the husband and wife differ only in their bodies, and in all functions they are entirely united. — (32)

 

Explanatory notes by Ganganath Jha:

The ‘Virāṭ’ whose birth is here described is, according to some, the same as, — and according to others, different from — the ‘Brahmā’ described above, in verse 9. That Medhātithi leans towards the latter view is indicated by his assertion that what happened was that ‘the body of Brahmā (described in verse 9) now took the form of the Hermaphrodite,’ — or as he adds later, ‘the Female form was separated from His own Male form.’

 

 

VERSE 1.33 [Creation of Manu]

Section XIX - Creation of Manu

 

द्तपस्तप्त्वाऽसृजद् यं तु स स्वयं पुरुषो विराट् ।
तं मां वित्तास्य सर्वस्य स्रष्टारं द्विजसत्तमाः ॥३३॥

tapastaptvā'sṛjad yaṃ tu sa svayaṃ puruṣo virāṭ |
taṃ māṃ vittāsya sarvasya sraṣṭāraṃ dvijasattamāḥ ||33||

 

O best of Brāhmaṇas, know me, the creator, of this whole (would), to be that whom the said Being Virāj himself, after having performed austerities, produced. — (33)

 

Medhātithi’s commentary (manubhāṣya):

‘The said Virāj, having performed austerities,’ produced a person; know — i.e., recognise — that person to be myself; — there is nothing that is not already known to you, by tradition, which I could describe to you; all that the speaker intends to point out is the purity of his own birth.

The phrase ‘the creator of this whole world’ indicates his almighty character. The idea of the speaker is that ‘the describing of myself as one of excellent birth and superior powers of action will make me more trustworthy.’

Or, the mention of his own birth might be for the purpose of carrying conviction (removing all doubts); that such may be the sense is shown by the fact that, though the origin of Manu is already known from other sources, yet he himself mentions it; for instance, even though a person is already known from other sources (as the son of a certain person), yet he is asked — ‘are you Devadatta’s son?’ — and he answers ‘yes’; whereupon certainty of conviction is brought about.

Poets are not ashamed of describing the nobility of their own birth, even though their glories may be already well known.

‘O best of Brāhmaṇas’ — is the form of address; ‘best’ means most perfect, most superior. — (33)

 

 

VERSE 1.34-35 [Creation of Marīci and other Sages]

Section XX - Creation of Marīci and other Sages

 

अहं प्रजाः सिसृक्षुस्तु तपस्तप्त्वा सुदुश्चरम् ।
पतीन् प्रजानामसृजं महर्षीनादितो दश ॥३४॥

मरीचिमत्र्यङ्गिरसौ पुलस्त्यं पुलहं क्रतुम् ।
प्रचेतसं वसिष्ठं च भृगुं नारदमेव च ॥३५॥

ahaṃ prajāḥ sisṛkṣustu tapastaptvā suduścaram |
patīn prajānāmasṛjaṃ maharṣīnādito daśa ||34||

marīcimatryaṅgirasau pulastyaṃ pulahaṃ kratum |
pracetasaṃ vasiṣṭhaṃ ca bhṛguṃ nāradameva ca ||35||

 

Being desirous of bringing into existence the (various kinds of) created beings, I, at the very outset, performed most arduous austerities and called into being the ten great sages, the directors of all created things; (34) — viz: Marīci, Atri, Aṅgiras, Pulastya, Pulaha, Kratu, Pracetas, Vaśiṣṭha, Bhṛgu and also Nārada. — (35)

 

Medhātithi’s commentary (manubhāṣya):

‘I called into being,’ — produced, — ‘the ten Great sages,’ who are ‘the directors of all created things’; — ‘at the very outset, having performed most arduous austerities’ — austerities that were performed with great difficulty; i.e., which bring suffering and take a long time.

The ten great sages are mentioned by name (in verse 35). — (34-35)

 

Explanatory notes by Ganganath Jha:

These are quoted in Hemādri-Dāna, p. 242, as describing the ‘munis’, sages. It reads ‘dustaram’ for ‘duścaram’, and ‘āṅgirasam’ for ‘aṅgirasam’.

 

 

VERSE 1.36

Section XX - Creation of Marīci and other Sages

 

एते मनूंस्तु सप्तान् यानसृजन् भूरितेजसः ।
देवान् देवनिकायांश्च महर्षींश्चामितोजसः ॥३६॥

ete manūṃstu saptān yānasṛjan bhūritejasaḥ |
devān devanikāyāṃśca maharṣīṃścāmitojasaḥ ||36||

 

These mighty (Sages) called into being the seven Manus, gods and gods’ habitations, as also Great Sages, — all possessed of illimitable power. — (36)

 

Medhātithi’s commentary (manubhāṣya):

The aforesaid Great Sages. ‘called into being the seven Manus’; ‘Manu’ is the name of the office; that person is called ‘Manu’ who, during a particular ‘Manvantara’ (Cycle), controls the creating and maintaining of all created things, in the manner described.

‘Bkūritejasaḥ,’ ‘mighty,’ and ‘amitaujasaḥ,’ ‘possessing illimitable power,’ — both terms mean the same thing; the former with the nominative ending qualifies the creators, and the latter, with the accusative ending, qualifies those created, Manus and the rest.

Question: — “But the gods were created by Brahmā himself (as already described in Verse 22).”

Answer: — True; but not all of them; there are endless kinds of gods.

‘Gods’ habitations’ — The abode of the gods, such as the Celestial Region, the ‘Region of Brahman,’ and so forth. — (36)

 

Explanatory notes by Ganganath Jha:

‘Manūn’ — The name ‘Manu’ here stand for that Being whose function it is to create all creatures and to maintain the entire world during a manvantara, and apparently belongs to the office. Some Mss. read ‘munīn’.

‘Devanikāyān — ‘Classes of gods’ (according to Nandana and Nārāyaṇa); — ‘abodes of gods’ (Medhātithi, Kullūka and Rāghavānanda); the last of these suggests also the meaning ‘servants of the gods’.

 

 

VERSE 1.37 [Creation of the Semi-divine Beings]

Section XXI - Creation of the Semi-divine Beings

 

यक्षरक्षः पिशाचांश्च गन्धर्वाप्सरसोऽसुरान् ।
नागान् सर्पान् सुपर्णांश्च पितॄणांश्च पृथग्गणम् ॥३७॥

yakṣarakṣaḥ piśācāṃśca gandharvāpsaraso'surān |
nāgān sarpān suparṇāṃśca pitṝṇāṃśca pṛthaggaṇam ||37||

 

[They called into being] also Yakṣas, Rakṣasas, Piśācas, Gandharvas, Apsarases, Asuras, Nāgas, Sarpas, Suparṇas, and the several orders of Pitṛs. — (37)

 

Medhātithi’s commentary (manubhāṣya):

The various forms of the Yakṣa and other beings here mentioned can be known only from the Itihāsas and such other sources; they cannot be known by any of the ordinary means of cognition, perception and the rest. — The ‘Yakṣas’ are the followers of Kuvera; — ‘Rākṣasas,’ Bivīṣaṇa and others; — beings more cruel than these last are ‘Piśācas,’ who live in unclean places and in deserts, &c., and are inferior to Yakṣas and Rākṣasas; though all three are mischievous; by trickery they draw out the life of living beings, and by some invisible power they bring about diseases: so say persons knowing the Itihāsas (stories) and Mantra (Incantations). — ‘Gandharvas,’ are those followers of the Gods whose chief work consists of singing and dancing; — ‘Apsarases,’ the courtezans of the Gods, Urvaśī and the rest; — ‘Asuras,’ the Gods’ enemies, Vṛttra, Virocana, Hiraṇyāksa and so forth; — ‘Nāgas’ (the Great Serpents), Vāsuki, Takṣaka and the rest; — ‘Sarpas’ (Serpents) are well known; — ‘Suparnas,’ the great Birds, Garuḍa and the rest; — ‘Pitṛs,’ named ‘Somapa,’ ‘Ayyapa’ and so forth, who reside, like Gods, in their own regions; the ‘several orders’ of these also; — all these (the mighty sages) called into being. — (37)

 

Explanatory notes by Ganganath Jha:

‘Pitṛṇām gaṇān’ — The ‘pitṛs’ are not actually the ‘fathers,’ as is clear from the present text; they are a particular class of divine beings, though it is from these that human beings are descended. See III, 194 — 199.

 

 

VERSE 1.38 [Creation of Clouds, etc.]

Section XXII - Creation of Clouds, etc.

 

विद्युतोऽशनिमेघांश्च रोहितैन्द्रधनूंषि च ।
उल्कानिर्घातकेतूंश्च ज्योतींष्युच्चावचानि च ॥२८॥

vidyuto'śanimeghāṃśca rohitaindradhanūṃṣi ca |
ulkānirghātaketūṃśca jyotīṃṣyuccāvacāni ca ||38||

 

[They called into being] Lightnings, Hails, Clouds, Vertical Phosphorescence, Rainbows, Meteors, Portentous Sounds, Comets, and Stars of varying magnitudes. — (38)

 

Medhātithi’s commentary (manubhāṣya):

The semi-brilliant flash of light seen within the clouds is called ‘lightning,’ of which the other names are ‘Sandāminī’ and so forth, which are based upon certain peculiar characteristics; — ‘Hails’ — stone-like finely visible snow-particles, which, propelled by strong winds, fall like torrents of rain and destroy corns and other things; — ‘Clouds,’ consist of the combination, in the atmosphere, of vapour, water, air and light; — ‘Vertical phosphorescence,’ is an upright mass of violet-colon red luminous matter, occasionally visible in the sky; it is seen sometimes attached to the disc of the sun, and sometimes in other places also; — a particular Form of the same is called ‘Rainbow,’ which differs from the former in being curved in the form of a bow; — ‘Meteors,’ are those stars which are seen to fall as portents during twilights and at the advent of night, diffusing their brilliance all round; — ‘Portentous sounds,’ are sounds emanating from the Earth or Sky, which are regarded as foreboding calamity; — ‘Comets,’ the well-known stars with protruding crowns, seen during a public calamity; — as also various kinds of other stars, Dhruva, Agastya, Arundhatī and so forth. — (38)

 

Explanatory notes by Ganganath Jha:

‘Rohita’ — This is the name of the violet -coloured pillar of light that appears in the sky, in the manner of rainbows, generally attached to the solar disc, but sometimes in other parts of the sky also. Another name for it, according to Govindarāja, is ‘śastrotpāta’. Buhler says it is an imperfect

 

 

VERSE 1.39 [Creation of Birds and Animals]

Section XXIII - Creation of Birds and Animals

 

किन्नरान् वानरान् मत्स्यान् विविधांश्च विहङ्गमान् ।
पशून् मृगान् मनुष्यांश्च व्यालांश्चोभयतोदतः ॥३९॥

kinnarān vānarān matsyān vividhāṃśca vihaṅgamān |
paśūn mṛgān manuṣyāṃśca vyālāṃścobhayatodataḥ ||39||

 

[They called into being] Kinnaras, Apes, Fishes, Birds of various kinds, Cattle, Deer, Men and wild beasts with two rows of teeth. — (39)

 

Medhātithi’s commentary (manubhāṣya):

‘Kinnaras’ are horse-faced beings living in the Himalaya and other mountains. — ‘Apes’ are animals with the face of the monkey and the body of the man. — ‘Birds’ feathered animals. — ‘Cattle’ goats, sheep, camels, asses and the rest, — ‘Deer,’ the Ruru the Pṛṣat and the other species. — ‘Wild beasts’ — wicked animals, like the Tiger and the rest; — ‘with two rows of teeth’ having two rows of teeth, one above and another below. — (39)

 

 

VERSE 1.40 [Creation of Insects and Reptiles and Immovable Things]

Section XXIV - Creation of Insects and Reptiles and Immovable Things

 

कृमिकीटपतङ्गांश्च यूकामक्षिकमत्कुणम् ।
सर्वं च दंशमशकं स्थावरं च पृथग्विधम् ॥४०॥

kṛmikīṭapataṅgāṃśca yūkāmakṣikamatkuṇam |
sarvaṃ ca daṃśamaśakaṃ sthāvaraṃ ca pṛthagvidham ||40||

 

[They called into being] Worms, Beetles and Moths; Lice, Flies and Bugs; Gadflies and Gnats; and also the entire host of the several kinds of immovable things. — (40)

 

Medhātithi’s commentary (manubhāṣya):

‘Worms’ — extremely small living tilings. — ‘Beetles’ — are slightly larger than worms and crawl on the ground. — ‘Moths,’ locusts. — ‘Immovable things’ — trees, mountains, etc.; — ‘of several kinds,’ of different varieties.

The copulative compounds in the singular are in accordance with Pāṇini’s Sutra 2.1.8, by which copulative compounds formed of the names of small living beings take the singular ending. — (10)

 

 

VERSE 1.41

Section XXIV - Creation of Insects and Reptiles and Immovable Things

 

एवमेतैरिदं सर्वं मन्नियोगान् महात्मभिः ।
यथाकर्म तपोयोगात् सृष्टं स्थावरजङ्गमम् ॥४१॥

evametairidaṃ sarvaṃ manniyogān mahātmabhiḥ |
yathākarma tapoyogāt sṛṣṭaṃ sthāvarajaṅgamam ||41||

 

In this manner was all this, movable and immovable, called into being, through the force of austerities, by these high-souled sages, under my direction, — in accordance with their actions. — (11)

 

Medhātithi’s commentary (manubhāṣya):

‘In this manner,’ — refers to the manner discribed above; — ‘by these high-souled sages,’ — Marīci and the rest; — ‘all this, movable and immovable, teas called into their actions,’ — the creation of each being was in keeping with the nature of the action done by it during other lives; that is, each being was made to be born in that family of animals which was the right one for it, in view of its past acts; — ‘under my direction’ — by my order; — ‘through the force of austerities,’ — having performed severe austerities; what this is meant to show is that any kind of great power can be acquired only by means of austerities. — (41)

 

Explanatory notes by Ganganath Jha:

‘Yathākarma’ — Here we have a distinct enunciation of the Law of Karma.

 

 

VERSE 1.42

Section XXIV - Creation of Insects and Reptiles and Immovable Things

 

येषां तु यादृशं कर्म भूतानामिह कीर्तितम् ।
तत् तथा वोऽभिधास्यामि क्रमयोगं च जन्मनि ॥४२॥

yeṣāṃ tu yādṛśaṃ karma bhūtānāmiha kīrtitam |
tat tathā vo'bhidhāsyāmi kramayogaṃ ca janmani ||42||

 

That kind of action which belongs to the several beings has been described here. I am now going to explain the manner of their birth. — (42)

 

Medhātithi’s commentary (manubhāṣya):

‘That kind of action which belongs to the several beings,’ — i.e., hurtful or harmless — ‘has been already described’; — now ‘I am going to explain the manner of their birth.’

Objection. —

“Where has the action been described? In Verses 37 et seq. what occurs is only the mention of the names of several beings, Yakṣa, Rākṣasa and the rest; and their action is not mentioned at all.”

Our answer is as follows: — The action of each being is indicated by its name; the particular name being acquired by each being by reason of its actions: for instance, the Yakṣas are so called because of the act of worshpping, or pervading (‘Yakṣaṇa’); — the ‘Rākṣasa’ are so called because of the act of destroying in secret (‘rahasi kṣaṇana’); — the Piśāchas are so called because of the act of devouring flesh (‘piśitāśana’); — the Apsarases are so called because of the act of issuing forth from water (adbhyaḥ ṣṛtāḥ); — the Asuras are so called because of the act of not obtaining surā, in the form of nectar; and so on, the significance of the other names may be traced.

‘The manner of their birth’ — i.e., they are viviparous, oviparous and the like; going to be described in the following verses. — (42)

 

 

VERSE 1.43 [The Viviparous, Oviparous, Sweat-born and Vegetable Beings]

Section XXV - The Viviparous, Oviparous, Sweat-born and Vegetable Beings

 

पशवश्च मृगाश्चैव व्यालाश्चोभयतोदतः ।
रक्षांसि च पिशाचाश्च मनुष्याश्च जरायुजाः ॥४३॥

paśavaśca mṛgāścaiva vyālāścobhayatodataḥ |
rakṣāṃsi ca piśācāśca manuṣyāśca jarāyujāḥ ||43||

 

Cattle, Deer, Wild Beasts with two rows of teeth, Rākṣasas, Piśācas and Men are viviparous. — (43)

 

Medhātithi’s commentary (manubhāṣya):

These are ‘viviparous,’ ‘born from the Jarāyu’; Jarāyu is the womb, the place where the fœtus lies; it is in the womb that these beings are conceived first, and it is only when they are emitted from the womb that they become born; this is the manner of the birth of these beings.

The term ‘dat’ is synonymous with ‘danta,’ and is totally different from it; hence it is that we have the nominative plural form ‘ubhayatodataḥ’ (‘with two rows of teeth’). — (43)

 

Explanatory notes by Ganganath Jha:

‘Ubhayatodataḥ’ — A compound difficult to explain. The word ‘danta’ becomes transformed into ‘dat’ only in special cases, laid down in Pāṇini 5.4.141-145. The only explanation possible is that given by Medhātithi, — that the term ‘dat’ is an entirely different word from ‘danta’

 

 

VERSE 1.44

Section XXV - The Viviparous, Oviparous, Sweat-born and Vegetable Beings

 

अण्डजाः पक्षिणः सर्पा नक्रा मत्स्याश्च कच्छपाः ।
यानि चैवं।प्रकाराणि स्थलजान्यौदकानि च ॥४४॥

aṇḍajāḥ pakṣiṇaḥ sarpā nakrā matsyāśca kacchapāḥ |
yāni caivaṃ|prakārāṇi sthalajānyaudakāni ca ||44||

 

Birds, Serpents, Crocodiles, Fishes, Tortoises, and other animals of similar kinds, terrestrial as well as aquatic, — are oviparous. — (44)

 

Medhātithi’s commentary (manubhāṣya):

‘Crocodiles’ — includes the Porpoise and the rest; — ‘Kacchapāḥ’ are the Tortoises; — ‘other animals of similar kinds’ — i.e., wizards (lizards?) and the like, which are ‘terrestrial,’ born on land, and such others of similar kinds as are ‘aquatic’ born in water; such, for instance, as conches and the rest. — (44)

 

 

VERSE 1.45

Section XXV - The Viviparous, Oviparous, Sweat-born and Vegetable Beings

 

स्वेदजं दंशमशकं यूकामक्षिकमत्कुणम् ।
ऊष्मणश्चोपजायन्ते यच्चान्यत् किं चिदीदृशम् ॥४५॥

svedajaṃ daṃśamaśakaṃ yūkāmakṣikamatkuṇam |
ūṣmaṇaścopajāyante yaccānyat kiṃ cidīdṛśam ||45||

 

Gadflies and Gnats, Lice, Flies and Bugs, are sweat- born; whatever else is of similar character is born from heat — (45)

 

Medhātithi’s commentary (manubhāṣya):

‘Crocodiles’ — includes the Porpoise and the rest; — ‘Kacchapāḥ’ are the Tortoises; — ‘other animals of similar kinds’ — i.e., wizards (lizards?) and the like, which are ‘terrestrial,’ born on land, and such others of similar kinds as are ‘aquatic’ born in water; such, for instance, as conches and the rest. — (44)

 

Explanatory notes by Ganganath Jha:

The two halves form two distinct sentences. So Burnell; but Buhler takes the whole as one sentence.

 

 

VERSE 1.46

Section XXV - The Viviparous, Oviparous, Sweat-born and Vegetable Beings

 

उद्भिज्जाः स्थावराः सर्वे बीजकाण्डप्ररोहिणः ।
ओषध्यः फलपाकान्ता बहुपुष्पफलोपगाः ॥४६॥

udbhijjāḥ sthāvarāḥ sarve bījakāṇḍaprarohiṇaḥ |
oṣadhyaḥ phalapākāntā bahupuṣpaphalopagāḥ ||46||

 

All those immovable brings that are produced by splitting (i.e., Plants) grow out of seeds and slips. those that, abounding in flowers, perish with the ripening of their fruit, are called ‘oṣadhis’ (‘Annuals’). — (46)

 

Medhātithi’s commentary (manubhāṣya):

‘Udbhid’ stands for ‘udbhedana,’ the act of splitting; the ‘kvip’ affix having a nominal force; — ‘those that are duced by splitting are ‘udbhijja’; they are so called because they come into existence by splitting the seed and breaking through the soil; and these are plants; all these plants ‘grown out of seeds and slips’ and become fixed in their places by means of roots and trunks and other such things.

‘Oṣadhyaḥ’ — the right form is ‘oṣadhayaḥ’ (because the base ends in short i). Or we may take the word as a form of the base with the long ī; this lengthening of the vowel being explained, either as according to the Vārtika on Pāṇini 4.1.45, or as a Vedic anomily.

The natural characteristic feature of these oṣadhis — i.e., Annuals — is as follows: ‘They with the ripening of their fruit’; — i.e, the ripening of the fruit constitutes their end or perishing; as a matter of fact, the paddy and other such plants perish as soon as their fruit has ripened. They also abound in, are endowed with, many fruits and flowers.

What is stated in this verse is the distinguishing characteristic of oṣadhis (Annual plants), and what follows in the following verse, constitutes the distinguishing feature of Vṛkṣas (Perennial Trees); the characters mentioned being attributed to them in accordance with actual facts. — (40)

 

Explanatory notes by Ganganath Jha:

Medhātithi takes ‘udbhijjāḥ sthāvarāḥ’ as the subject, and ‘bījakāṇḍaprarohiṇaḥ’ as the predicate of the sentence. Buhler reverses this.

 

 

VERSE 1.47 [Different ways of Fruit-bearing]

Section XXVI - Different ways of Fruit-bearing

 

अपुष्पाः फलवन्तो ये ते वनस्पतयः स्मृताः ।
पुष्पिणः फलिनश्चैव वृक्षास्तूभयतः स्मृताः ॥४७॥

apuṣpāḥ phalavanto ye te vanaspatayaḥ smṛtāḥ |
puṣpiṇaḥ phalinaścaiva vṛkṣāstūbhayataḥ smṛtāḥ ||47||

 

Those trees that are called ‘vanaspati’ bear fruits without flowers; and those called ‘vṛkṣa’ bear both flowers and fruits. — (47)

 

Medhātithi’s commentary (manubhāṣya):

[The ordinary meaning of the verse is as follows] — Those trees, in whom fruits are produced without flowers, are called ‘Vanasputi,’ not ‘Vṛkṣa’; while those that bear flowers as well as fruits are, by reason of the presence of both, called ‘Vṛkṣa’ As a matter of fact, however, Vanaspatis are also called ‘Vṛkṣa,’ and Vṛkṣas are spoken of as ‘Vanaspati.’ The particular grounds of such usage will have to be shown later on.

What we hold however (as to the real meaning of this verse), is as follows: — The present work does not make it its business to lay down the meanings of words, in the manner of grammatical works; so that the meaning of the verse cannot be that ‘those that have such and such a character are denoted by the word Vanaspati, and so forth.’ In fact what is described here is the manner of the birth of fruits; this (manner of birth) having been put forward (in Verse 42) as the subject ih hand. The meaning thus is as follows: — Fruits are produced in two ways: they are produced without flowers, and also from flowers; and flowers are produced from trees (called Vṛkṣa). Thus then, it follows that, even though the statement is apparently in the form 'those that bear fruits without flowers are to be known as Vanaspati,’ — yet in view of what forms the subject-matter of the context, the ‘yat’ (‘which’) and ‘tat’ (‘that’) should be made to change their places; the construction being — ‘those trees that are known by the name Vanaspati have no flowers, and yet they bear fruits’; — i.e., in these trees fruits grow without flowers; this construction is adopted on the strength of actual facts. Such altering of the construction on the strength of facts we also find in such cases as the following Though the actual words are in the form ‘vāsasā pariveṣṭayeṭ,’ ‘the post should bo surrounded with cloth,’ — yet in as much as the cloth has got to be worn by the man, the words are constructed as ‘stambhe nidhāya vāsaḥ paridhāpayet’ ‘the cloth should be hung on the post and then made to be worn.’

Though what is stated in the present verse is a well known fact (and as such did not need to be mentioned in the Smṛti), yet it has been mentioned with the purpose of serving as an introduction to what is going to be stated below in Verse 49 — ‘Enveloped in darkness, &c. &c.’ — (47)

 

 

VERSE 1.48 [Clumps, thickets and grasses. &c.]

Section XXVII - Clumps, thickets and grasses. &c.

 

गुच्छगुल्मं तु विविधं तथैव तृणजातयः ।
बीजकाण्डरुहाण्येव प्रताना वल्ल्य एव च ॥४८॥

gucchagulmaṃ tu vividhaṃ tathaiva tṛṇajātayaḥ |
bījakāṇḍaruhāṇyeva pratānā vallya eva ca ||48||

 

The various kinds op clumps and thickets, and the other species of grass, as also low-spreading tendrils and creepers — all these grow out of seeds and slips. — (48)

 

Medhātithi’s commentary (manubhāṣya):

‘Clumps and Thickets’ — is the name given to the cluster of those shoots that grow together in large numbers, having one or several roots, and do not attain any considerable height; e.g., Copses and the like. Or ‘guccha’ ‘Clump’ and ‘gulma’ ‘thicket’ may be taken as two different things; the difference between the two being that, while one bears flowers, the other is flowerless. — Other ‘species of grass — e. g., kuśa, śādbala, śaṅkhapuṣpī and so forth. — Lowspreading tendrils — the long shoots of grass spreading on the ground. — ‘Creepers’ — are those shoots that grow out of the earth and clinging round a tree or some other object, rise upwards. — All these, like trees, ‘grow out of seeds and slips’ — (48)

 

Explanatory notes by Ganganath Jha:

Burnell represents Medhātithi to explain ‘guccha-gulma’ as ‘one root and many roots’. This is not fair. What Medhātithi says is that the names ‘guccha-gulma’ are applied to clusters of short-growing creepers which may have one root or several roots.’ Kullūka defines ‘guccha’ as the single shoot springing from the root and having no boughs, and ‘gulma’ as a clump of shoots coming up from one root According to Medhātithi the difference between the two consists in the fact that while the former has flowers, the latter has none.

 

 

VERSE 1.49

Section XXVII - Clumps, thickets and grasses. &c.

 

तमसा बहुरूपेण वेष्टिताः कर्महेतुना ।
अन्तस्सञ्ज्ञा भवन्त्येते सुखदुःखसमन्विताः ॥४९॥

tamasā bahurūpeṇa veṣṭitāḥ karmahetunā |
antassañjñā bhavantyete sukhaduḥkhasamanvitāḥ ||49||

 

All these (vegetable beings) are invested by manifold ‘darkness’ (inertia), the result of their acts; and possessing inner consciousness, they are affected by pleasure and pain. — (49)

 

Medhātithi’s commentary (manubhāṣya):

They are ‘invested,’ pervaded over, by that ‘Darkness’ (Inertia) of which the cause is ‘action,’ in the form of vice; — ‘manifold,’ being the cause of the experiencing of various kinds of pain. As a matter of fact, all things are made up of three Constituent Attributes; so what is meant is that in the beings here described the Attribute of ‘Darkness’ is in excess, and those of ‘Harmony’ and ‘Energy’ are present in less degrees; hence as abounding in ‘Darkness’ (Inertia), and beset with pain and humiliation, they continue, for a long time, to experience the results of their vicious acts.

In as much as the Attribute of ‘Goodness’ (Harmony) also is present in them, they do enjoy, in certain conditions, small measures of pleasure also; it is in view of this that they are described as ‘affected by pleasure and pain.’

‘Possessing inner consciousness,’ — the term ‘saṃjñā’ stands for Buddhi, Intelligence (Consciousness); and in as much as activity in the form of going out, speaking and the like, — which are the effects indicative of the presence of consciousness, — is absent (in Trees), they are described as ‘possessing inner consciousness.’ This must be the meaning of the epithet ‘inner’; as otherwise, since every person exercises consciousness only within himself [there would be no point in the epithet at all]. Or, the meaning may be that plants are unable to have any cognisance of the prickings of thorns and other small things, to the extent that human beings are; in fact for the experiencing of pain they stand in need of such massive strokes as cutting with the axe and the like; — being, in this respect, like animate beings in the state of sleep, intoxication or swoon. [Which shows that plants have their consciousness lying far deeper within than in animals.] — (49)

 

 

VERSE 1.50

Section XXVII - Clumps, thickets and grasses. &c.

 

एतदन्तास्तु गतयो ब्रह्माद्याः समुदाहृताः ।
घोरेऽस्मिन् भूतसंसारे नित्यं सततयायिनि ॥५०॥

etadantāstu gatayo brahmādyāḥ samudāhṛtāḥ |
ghore'smin bhūtasaṃsāre nityaṃ satatayāyini ||50||

 

Thus have been described the conditions of life, beginning with brahmā and ending with those just mentioned, which occur in this ever frightful and constantly fluctuating cycle of births and deaths of created beings. — (50)

 

Medhātithi’s commentary (manubhāṣya):

‘Ending with those just mentioned’; — those conditions of life of which the end, or last, is the condition of the Creeper. — ‘Condition’ — stands for the connection of the soul with a particular body for the experiencing of the result of past acts; and there is no worse — i.e., more painful, — ‘condition’ of life than that of Plants; and than the condition of ‘Brahmā’ there is none higher or superior — i.e., more full of bliss. These ‘conditions’ are attained by means of good and had acts, respectively called ‘Virtue’ and ‘Vice’; as regards the attaining of the Supreme Brahman, which consists in Salvation, and is in the form of pure bliss, — this proceeds either from pure Knowledge, or from a combination of Knowledge and Action; this we shall describe later on (in Discourse XII).

‘In this cycle of births and deaths of created beings;’ — in this ‘samsāra,’ cycle, series of births and deaths, of ‘created beings,’ conscious entities; i. e., in which (ordinarily) the entity is not born in a genus other than in which it was in the previous existence; — ‘frightful,’ — full of fear, for those that are careless and lazy; it is ‘full of fear’ in the sense that there is losing of the desirable and coming by the undesirable; — ‘constantly,’ at all times, — ‘fluctuating,’ i.e., liable to go off, destructible, (hence) devoid of essence; — it is ‘ever frightful,’ i.e., it is never not- frightful; it is spoken of as ‘ever frightful’ because even when one has attained the condition of gods, and remains there for a long time, he has to return to death.

This description of the cycle of births and deaths as being due to Virtue and Vice serves to show that Scripture serves an all-important purpose; it has to be born in mind that it is only from Scripture that we can obtain a knowledge of the distinction between ‘Virtue’ and ‘Vice.’ — (50)

 

Explanatory notes by Ganganath Jha:

‘Bhūta’ — here stands for the Kṣetrajña, the Conscious Being ensouling the body — according to Govindarāja and Kullūka.

‘Nityam’ — qualifies ‘ghore’; ‘Ever terrible’ according to Medhātithi, Govindarāja and Nārāyaṇa, the last, along with Nandana, however, suggests the reading ‘nitye’ meaning ‘in this eternal samsāra.’

 

 

VERSE 1.51 [Disappearance of Brahmā]

Section XXVIII - Disappearance of Brahmā

 

एवं सर्वं स सृष्ट्वैदं मां चाचिन्त्यपराक्रमः ।
आत्मन्यन्तर्दधे भूयः कालं कालेन पीडयन् ॥५१॥

evaṃ sarvaṃ sa sṛṣṭvaidaṃ māṃ cācintyaparākramaḥ |
ātmanyantardadhe bhūyaḥ kālaṃ kālena pīḍayan ||51||

 

Thus repeatedly suppressing time (of dissolution) by time (of creation and maintenance), he, of inconceivable power, created all this and also myself; [he directed me to maintain it] and then disappeared within himself. — (51)

 

Medhātithi’s commentary (manubhāṣya):

‘Thus’ — i.e., something directly himself, and some under Prajāpati’s directions, the Blessed Lord, — having created produced, — all this world, — and having directed to maintain (keep going) this world; — ‘He’ whose ‘power,’ sovereignty over all things, is ‘inconceivable,’ amazingly great, the Creator, — ‘disappeared,’ — brought about his own absorption i.e., having renounced the body that he had, of his own will, taken up, He again became unmanifest; — ‘within himself; — other things become absorbed in the Root Evolvent; but He did not become absorbed in any thing else, He disappeared within his own self; He has no other source wherein He could, like other things, become absorbed; for the simple reason that all beings have their source in Him. Or ‘disappearing’ may mean desisting from the entire worldly process.

‘Repeatedly suppressing time by time’ — the Present-participle (‘suppressing’) is connected with the verb ‘having oreated’; the meaning being — ‘destroying the time of dissolution by the time of creation and maintenance’; — ‘again and again; it will lie described later on that ‘there are endless creations and dissolutions.’ — (61)

 

 

VERSE 1.52

Section XXVIII - Disappearance of Brahmā

 

यदा स देवो जागर्ति तदेवं चेष्टते जगत् ।
यदा स्वपिति शान्तात्मा तदा सर्वं निमीलति ॥५२॥

yadā sa devo jāgarti tadevaṃ ceṣṭate jagat |
yadā svapiti śāntātmā tadā sarvaṃ nimīlati ||52||

 

When that divine being is awake, then this world is active; when he slumbers, with his mind in calm repose, then all vanishes. — (52)

 

Medhātithi’s commentary (manubhāṣya):

‘When that Divine Being is awake — i. e., when he wills, that ‘this world may come into being and may continue to exist for such a time,’ — ‘then this world is active’; that is, it becomes accompanied by such internal activities as mental, verbal and material, and such external activities as inspiration, respiration, eating, walking, cultivation, sacrifice and so forth.

‘When he slumbers’ — when his will desists from the creation and maintaining of the world, — ‘then all vanishes,’ undergoes absorption.

‘Waking’ and ‘sleeping’ here stand respectively for the prevalence and cessation of his will.

‘With his mind in calm repose’ — means that he has withdrawn from his state of diversity. — (52)

 

 

VERSE 1.53

Section XXVIII - Disappearance of Brahmā

 

तस्मिन् स्वपिति तु स्वस्थे कर्मात्मानः शरीरिणः ।
स्वकर्मभ्यो निवर्तन्ते मनश्च ग्लानिमृच्छति ॥५३॥

tasmin svapiti tu svasthe karmātmānaḥ śarīriṇaḥ |
svakarmabhyo nivartante manaśca glānimṛcchati ||53||

 

When he slumbers, having retired within himself, all active embodied beings desist from their actions, and their mind falls into depression. — (53)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse is quite clear, its meaning having been already explained.

‘Having retired within himself’ — i.e., in calm repose, i e., in pure pristine nature of the Soul at rest; — ‘retiring within himself’ stands for the cessation of all accidental diversities.

‘Active’ — the conscious beings who are fallen in the cycle of births and deaths, and for whom Action is of the greatest importance; — ‘embodied beings,’ — so called because they feel the effects of being connected with a body which is the effect of their own past acts.

‘When he slumbers,’ all these ‘desist from their actions,’ — this stands for the cessation of their bodily activity; — ‘their mind falls into depression’ — this stands for the cessation of their mental activity. Thus this cessation of bodily and mental activities indicates the state of Dissolution. — ‘Depression’ means absence of energy, disability to carry on its functions; this is what the Mind falls into, — attains. — (53)

 

Explanatory notes by Ganganath Jha:

‘Karmāṭmānaḥ’ — It is not correct to say, as Buhler does, that this term according to Medhātithi, means ‘who, in consequence of their actions, become incorporate because as a matter of fact, this latter explanation is supplied. by Medhātithi in reference to the term ‘śarīriṇaḥ’; what he means is that th e Beings are called ‘śarīriṇaḥ’ not because the Body is their natural accompaniment, but because they become equipped with, them in consequence of their acts,

 

 

VERSE 1.54 [The Great Dissolution]

Section XXIX - The Great Dissolution

 

युगपत् तु प्रलीयन्ते यदा तस्मिन् महात्मनि ।
तदाऽयं सर्वभूतात्मा सुखं स्वपिति निर्वृतः ॥५४॥

yugapat tu pralīyante yadā tasmin mahātmani |
tadā'yaṃ sarvabhūtātmā sukhaṃ svapiti nirvṛtaḥ ||54||

 

When this Soul of all things sleeps happy and contented, then all things become absorbed all at once in that Great Soul. — (54)

 

Medhātithi’s commentary (manubhāṣya):

This verse has to he explained by reversing the position of ‘when’ and ‘then’; otherwise, from what has been said in the foregoing verses, there would be mutual interdependence: it has been stated (in Verse 52) that when He sleeps then all things vanish [and if the persent verse is taken to mean, as the words suggest, that when the things vanish into the Great Soul, then this Great Soul retires to sleep, then we would have the vanishing of things dependent upon his going to sleep, as stated in 52, and his going to sleep dependent upon the vanishing of things, as stated in 54].

‘Sleeps happy and contented,’ — Happiness forms the very nature of the Supreme Brahman; hence it is not meant that He is happy during sleep and unhappy at other times; — of what nature his ‘sleep’ is has already been explained; — as regards his ‘contentment,’ that is everlasting; consisting of pure bliss, this Supreme Soul is never affected by the waves of agitation that are set up in Nescience. Though (even with all this) it is possible for him to be the Creator of all things. In the ordinary world, a man retires from his household duties after having done that he had to do, — with the feeling, ‘I have earned all the wealth that was necessary for my family; I am free from troubles,’ — and thus sleeps in happiness and contentment, without fearing any trouble to himself. To such a person is the Supreme Soul compared; this whole world being in the position of ‘family’ to him; — this being intended as his praise.

Or [in order to avoid the necessity of having to reverse the order of the words] the verse may be taken as referring to Primordial Matter: When Primordial Matter sleeps, then all things become absorbed into it all at once; that is, they become resolved into the form of Primordial Matter, being reduced to the position of their cause; that is, they are reduced to a ‘condition in which they cease to undergo modifications.’ — ‘All at once,’ all things contained in the womb of the three regions. — The ‘sleep’ of Primordial Matter, which is devoid of consciousness, can mean only cessation of evolution, and not inhibition of consciousness; — ‘happiness’ also is only figurative, for the same reason that Matter is devoid of consciousness. — (54)

 

Explanatory notes by Ganganath Jha:

Govindarāja and Kullūka make this out to be the description of the Mahā-pralaya, and the preceding verse of. the Intermediate — Khaṇḍa — pralaya.

Sarvabhūtātmā — stands for the Sāṅkhya ‘Pradhāna’; — according to the second explanation put forward by Medhātithi; — according to the other explanation, accepted by Govindarāja and Kullūka, the term stands for the Supreme Self of the Vedānta.

 

 

VERSE 1.55 [Exit of the Individual Soul]

Section XXX - Exit of the Individual Soul

 

तमोऽयं तु समाश्रित्य चिरं तिष्ठति सैन्द्रियः ।
न च स्वं कुरुते कर्म तदोत्क्रामति मूर्तितः ॥५५॥

tamo'yaṃ tu samāśritya ciraṃ tiṣṭhati saindriyaḥ |
na ca svaṃ kurute karma tadotkrāmati mūrtitaḥ ||55||

 

This (individual Soul), on entering into ‘Darkness,’ remains, for a long time, equipped with the sense-organs, but does not perform its functions; then it departs from the body. — (55)

 

Medhātithi’s commentary (manubhāṣya):

Now by means of these two verses the author is going to describe the dying and the obtaining of another body by the Soul fallen in the cycle of births and deaths.

‘Darkness’ — stands for cessation of consciousness (preceding death); — entering into, falling into, this unconsciousness it remains for a long time, equipped with the sense-organs; but does not perform its functions — of breathing in and out; then it departs — goes out — from the body, the corporeal frame.

Question: — “As a matter of fact, the Soul is omnipresent, and all-pervading like Ākāśa; so that what kind of ‘departure’ is it that occurs in its case?”

Answer, — ‘Departure’ means only the renouncing of the body that had been obtained as the result of past acts; and it does not mean that, it goes from one place to another, like a material object. — Or, the answer may be, as held by some people, that the ‘departure’ spoken of is that of another and a more subtle body which comes into existence in between (the two bodies). But this intermediate body is not admitted by others; as for instance, it has been declared by the revered Vyāsa — ‘This present body having disappeared, the sense-organs forthwith enter into another body; so that there is no intermediate body.’ Some followers of the Sāṅkhya such as Vindhyavāsin and the rest, also do not admit of an intermediate body.

“What is this ‘intermediate body’?”

When this (physical) body has been destroyed, so long as a place in the womb of the (future) mother is not secured, where the second (physical body) would be formed, there exists during the interval, a subtle body entirely devoid of all sensation, which cannot come into contact with any thing, which is not burnt by fire and which is not obstructed by elemental substances.

Others explain the ‘mūrti’ of the text as the Supreme Self. The Supreme Self, which is the Soul of all things, is like the Ocean; out of that emerge the Jīvas (Individual Souls) under the influence of nescience, just in the same manner as waves emerge from the Ocean; and when the Individual Soul thus emerges out of the Supreme Soul, it assumes, by virtue of its past Virtue and Vice, a form known by the name ‘Puryaṣṭaka’; and this is the ‘subtle body,’ which serves as the clothing of the Individual Soul. This has been thus declared in the Purāṇa — ‘He becomes united with the Puryaṣṭaka- form, which is known as Prāṇa (Life); when bound up with this, he is in bondage, and when freed from it, he is released.’ The ‘puryaṣṭaka,’ ‘eight-fold’ frame consists of the five life-breaths, — Prāṇa, Apāna, Samāna, Udāna and Vyāna — the Group consisting of the five organs of sensation, the Group consisting of the five organs of action, and the Mind as the eighth. This body is not destroyed, until the condition of Final Release is attained. This is thus stated (in Sāṅkhyakārikā 40) — ‘What migrates is the subtle body, which is devoid of feeling, but invested with tendencies.’ — (55)

 

Explanatory notes by Ganganath Jha:

Under this verse Hopkins translates a passage from Medhātithi, which, as will be clear from the text, has been entirely misunderstood and hence wrongly rendered.

Verses 55 and 56 have been variously interpreted. (1) According to Medhātithi, Govindarāja and Kullūka, it describes the process of transmigration. When an individual is dying, his individual Soul enters darkness, — i.e. becomes unconscious; and even though It continues to be connected with the dying body, the physical functions gradually cease; — then It leaves the body, — and enveloped in a subtle body — formed of the eight constituents (variously enumerated), It enters the embryo determined for It by its own past acts, and there becomes clothed with a new physical body which accompanies It through Its next life on Earth. (2) Nārāyaṇa holds that verse 55 provides the description of the soul during a swoon, and the second alone refers to the method of transmigration. (3) The explanation given by Nandana is entirely different. He; takes the verses as referring to what is done by the Supreme Being, the Creator; — verse 55 describing His action during Dissolution and 56 referring to a fresh creation following it. The Supreme Lord ‘enters darkness — i.e. the Pradhāna, — and having remained therein during the entire period of the Dissolution, becomes endowed with organs and a visible shape, — i. e., the shape of the Created Universe.’

 

 

VERSE 1.56 [Transmigration of the Individual Soul]

Section XXXI - Transmigration of the Individual Soul

 

यदाऽणुमात्रिको भूत्वा बीजं स्थाणु चरिष्णु च ।
समाविशति संसृष्टस्तदा मूर्तिं विमुञ्चति ॥५६॥

yadā'ṇumātriko bhūtvā bījaṃ sthāṇu cariṣṇu ca |
samāviśati saṃsṛṣṭastadā mūrtiṃ vimuñcati ||56||

 

When, invested with minute particles, the Individual enters the moveable or immoveable Seed; — then, becoming united with the aforesaid (Subtile body), it assumes the (new) body. — (56)

 

Medhātithi’s commentary (manubhāṣya):

‘Invested with minute particles’ — that which is constituted by minute, subtile, particles, parts. This may refer either to the ‘Puryaṣṭaka,’ or the ‘Intermediate Body’; or to the Soul itself; — all Souls being by their very nature, subtile; as stated in such texts as ‘This Self within the heart, is extremely minute.’

‘Seed’ — The source of the physical body; — ‘Immoveable,’ that which is the cause of the birth of trees, &c.; — ‘Moveable,’ animate. — ‘Enters into,’ becomes enclosed in; — then ‘united with the aforesaid,’ — i.e., with Prāṇa and other constituents of the subtile body) — then ‘it assumes,’ attaches to itself, the body; i.e., takes up the new corporeal frame. — (56)

 

 

VERSE 1.57 [Creation of all things by Brahmā’s waking and sleeping]

Section XXXII - Creation of all things by Brahmā’s waking and sleeping

 

एवं स जाग्रत्स्वप्नाभ्यामिदं सर्वं चराचरम् ।
सञ्जीवयति चाजस्रं प्रमापयति चाव्ययः ॥५७॥

evaṃ sa jāgratsvapnābhyāmidaṃ sarvaṃ carācaram |
sañjīvayati cājasraṃ pramāpayati cāvyayaḥ ||57||

 

Thus by waking and sleeping, the Imperishable One incessantly brings to like and destroys all this that is moveable and immoveable. — (57)

 

Medhātithi’s commentary (manubhāṣya):

This verse recapitulates what has been said before.

By means of his own ‘waking and sleeping,’ he produces and destroys the world consisting of moveable and immoveable beings, i.e., vegetables and animals. ‘Imperishable’ — Indestructible. — (57).

 

 

VERSE 1.58 [Origin of the Law]

Section XXXIII - Origin of the Law

 

इदं शास्त्रं तु कृत्वाऽसौ मामेव स्वयमादितः ।
विधिवद् ग्राहयामास मरीच्यादींस्त्वहं मुनीन् ॥५८॥

idaṃ śāstraṃ tu kṛtvā'sau māmeva svayamāditaḥ |
vidhivad grāhayāmāsa marīcyādīṃstvahaṃ munīn ||58||

 

Having prounded this Law, he himself, first of all, taught it to me with due care; I then taught it to Marīci and other Sages. — (58)

 

Medhātithi’s commentary (manubhāṣya):

In the present context the term ‘Law’ stands for the whole collection of Injunctions and Prohibitions contained in the Smṛtis, and not for any particular treatise; as this latter was composed by Manu; that is why the Treatise is called ‘Mānava’ (of Manu); otherwise [ i.e., if the Treatise were the ‘Law’ propounded by the Imperishable One], it would have been ‘Hairaṇyagarbha,’ ‘of Hiraṇyagarbha.’

Others however have held that the Treatise itself was composed by Hiraṇyagarbha [and is spoken of in the text as the ‘Law’ propounded by him], and since it came to be revealed to, and published among, many persons by Manu, it is only right that it should he called after the name of the latter. For instance, the Ganga has its real source somewhere else (in Heaven), and yet since it is seen for the first time in the Himavat (Himālaya), it is called ‘Haimavatī’ (proceeding from Himavat), after the name of the latter; — similarly though the Vedic text is eternal, yet since it was expounded by Kaṭha, it is called ‘Kāṭhaka,’ after his name; even though there are several other expounders and learners of that Veda, yet it is called after Kaṭha, on account of the superiority of his expounding. Nārada also has declared thus: — ‘This Treatise, consisting of 100,000 verses, was composed by Prajāpati, and, in due course, it came to be abridged by Manu and others.’ Thus, even though the Treatise may have been originally composed by some one else, there is nothing incongruous in its being called ‘Mānava,’ ‘of Manu.’ As for the term ‘Śāstra,’ ‘Law’ (of the text) standing for the Treatise, we often find it so used, in the sense that the subject expounded by it is instruction, ‘śāṣana.’

‘He taught it to me,’ I was taught by him. — ‘Himself,’ ‘first of all,’ ‘with care,’ — these words indicate the fact that there was no break in the continuity of tradition in regard to the Law. As a matter of fact, when the author of a book ‘himself’ teaches it first of all, not a single syllable of it is lost; while when the book composed by one person is taught by another person who has learnt it from the former, there is not the same ‘care’ taken in guarding the text from loss. In fact, in the case of the author himself, when he has taught it once and established its position, he feels confident that he has already taught it once, and hence when he comes to teach the work a second time, he is likely to be careless and lazy; so that lapses in the text become possible; hence the text has added the phrase ‘first of all’. — ‘With due care,’ — the term ‘vidhi,’ ‘care,’ stands here for the quality, in the teacher and the pupil, of having undiverted attention, a concentrated mind; and the affix ‘vati’ (in the term ‘vidhivat’) signifies capability, possession.

‘Then I taught it to Marīci and other sages.’ — In as much as Marīci and the other sages are persons of well-known reputation, when Manu speaks of such well-known persons having learnt the Law from him, he describes his connection with specially qualified pupils, and thereby indicates his well-established professional dignity; and by pointing out the importance of the Law, he produces in the minds of the great sages (who have asked him in verse 1 et seq. to propound the Law) faith and confidence, so that they may be unremitting in their study; the idea being — ‘So important is this Law that oven such great sages as Marīci and the rest have learnt it, — Manu also is such a high personage that he is the Teacher of those great sages, — so that it is highly proper that this Treatise should be learnt from him with this idea in their minds, the enquirers who have come to hear the Law propounded would not cease to give their attention to it. — Both these facts are mentioned with a view to eulogise the Law. — (58)

 

Explanatory notes by Ganganath Jha:

‘Vidhivat’ — ‘With due attention’ (Medhātithi and Govindarāja); — ‘according to rule, — with due ceremonies’ (Kullūka).

In connection with the authorship of the Smṛti see Bhāṣya (Printed edition, Gharpure, p. 7) and also Buhler’s Introduction p. xv. Burnell in his footnote on Verse 58, misrepresents Medhātithi, by imputing to him a view which he has put forward only as held by ‘some people’ ‘Kechit’.

Parāśara-mādhava (Ācāra — p. 106) quotes this verse in support of the view that the Smṛtis are the work of Brahmā; and it adds that — ‘as Brahmā, so Svāyambhuva Manu also, compiles the Duties that have been ordained in the Veda; — which establishes the beginningless and immutable character of Dharma.’

 

 

VERSE 1.59 [Advice to Learn from Bhṛgu]

Section XXXIV - Advice to Learn from Bhṛgu

 

एतद् वोऽयं भृगुः शास्त्रं श्रावयिष्यत्यशेषतः ।
एतद् हि मत्तोऽधिजगे सर्वमेषोऽखिलं मुनिः ॥५९॥

etad vo'yaṃ bhṛguḥ śāstraṃ śrāvayiṣyatyaśeṣataḥ |
etad hi matto'dhijage sarvameṣo'khilaṃ muniḥ ||59||

 

This Bhṛgu will fully describe to you this (Law); this sage has learnt the whole of this in its entirety, from me. — (59)

 

Medhātithi’s commentary (manubhāṣya):

‘This,’ Law; — ‘to you’; — ‘Bhṛgu will describe fully,’ will carry it to your cars, will teach and will explain: The pronoun ‘this’ (in the second line) refers to the Law; the whole of this Law this Sage has ‘learnt,’ read, ‘in its entirety,’ ‘from me’ at my hands. The teaching proceeds as it were, from the Teacher’s mouth, and the pupil takes hold of it, as it were; it is for this reason that we have the affix ‘tasi,’ in the word ‘mattaḥ,’ in the sense of the Ablative.

Bhṛgu is a person whose greatness is very well known to the sages; so that by directing him to explain the Law, Manu shows that the Law has come down through a tradition of teaching handed down by a long line of several persons possessing exceptional knowledge of all sciences. It is for this reason that some people are to undertake the study of the Law by the following considerations: — ‘This Law has come down from several high-souled persons, — why then should we not study it.’ This consideration serves to prompt men to study and thus attracts them to the Law. — (59)

 

Explanatory notes by Ganganath Jha:

This Verse is quoted by the Aparārka (p. 4) with a view to show that the writer of a work often quotes himself, — and wherever manurabravīt occurs, it is Manu’s own words that are quoted, not those of Bhṛgu, the compiler.

 

 

VERSE 1.60 [Bhṛgu Begins]

Section XXXV - Bhṛgu Begins

 

ततस्तथा स तेनोक्तो महर्षिमनुना भृगुः ।
तानब्रवीद् ऋषीन् सर्वान् प्रीतात्मा श्रूयतामिति ॥६०॥

tatastathā sa tenokto maharṣimanunā bhṛguḥ |
tānabravīd ṛṣīn sarvān prītātmā śrūyatāmiti ||60||

 

Thereupon, being thus directed by Manu, the great sage Bhṛgu, with a gladdened heart, said to the sages — ‘Listen.’ — (60)

 

Medhātithi’s commentary (manubhāṣya):

That great sage ‘Bhṛgu,’ ‘bring thus directed’ — prompted, by means of the words ‘Bhṛgu will describe it to you’; — ‘thereupon,’ — after that, — ‘said to the sages’ — ‘Listen.’

‘With a gladdened heart’; — his gladness being due to the idea of respectability implied by the fact that from among the several pupils (of Manu) he had been directed to teach; Bhṛgu’s idea of his own respectability was based upon this idea — ‘I, who am an obedient pupil of Manu, have been thus honoured by him, by reason of my special aptitude to expound the Law.’ — (60)

[Here ends the introductory Section — describing the true origin of the Law and the authorship of the present Treatise.]

[Now begins the actual Text of the Treatise, as expounded by

Bhṛgu, to the sages who had questioned Manu.]

 

Explanatory notes by Ganganath Jha:

With this verse ends the Introductory Section of the work, describing the Origin of the Law and the authorship of the ordinances.

 

 

VERSE 1.61 [Manvantara and the Seven Manus]

Section XXXVI - Manvantara and the Seven Manus

 

स्वायम्भुवस्यास्य मनोः षड्वंश्या मनवोऽपरे ।
सृष्टवन्तः प्रजाः स्वाः स्वा महात्मानो महौजसः ॥६१॥

svāyambhuvasyāsya manoḥ ṣaḍvaṃśyā manavo'pare |
sṛṣṭavantaḥ prajāḥ svāḥ svā mahātmāno mahaujasaḥ ||61||

 

There are Six other Manus, high-souled and mighty, who belong to the same race as this Svāyambhuva Manu, and have called into being, each his own offsprings. — (61)

 

Medhātithi’s commentary (manubhāṣya):

When the Teacher (Manu) was asked (in the beginning of this work) to explain Duties, he proceeded to describe the origination of the world and other cognate matters; hence when the pupil (Bhṛgu) has been directed to expound the Law, he also begins with the remaining parts of the same process of world-creation.

‘Of this’ — the pronoun refers to the Manu before their eyes; — our teacher, who is known as ‘Svāyambhuva.’ There are six other Manus who belong to the same race as himself, — persons horn in the same family are said to ‘belong to the same race,’ and since all Manus are called into being directly by Brahmā himself, they are born in the same family, and are hence said to ‘belong to the same race.’ Or, persons engaged in the same work are also said ‘to belong to the same race’; as a matter of fact, living beings are often distributed among ‘races’ in accordance with the work done by them; e.g., we have such statements as — ‘related to grammar there are two sages who belong to the same race.’

The text proceeds to point out one such work common to the Manus: — “They have called into being each his own offsprings”; in each Manvantara, created beings destroyed during the previous Manvantara are again created and protected by that particular Manu who holds sway over that Manvantara; hence the offsprings that each of them creates are called ‘his own.’ — (61)

 

 

VERSE 1.62

Section XXXVI - Manvantara and the Seven Manus

 

स्वारोचिषश्चोत्तमश्च तामसो रैवतस्तथा ।
चाक्षुषश्च महातेजा विवस्वत्सुत एव च ॥६२॥

svārociṣaścottamaśca tāmaso raivatastathā |
cākṣuṣaśca mahātejā vivasvatsuta eva ca ||62||

 

[These six Manus are] — Svārociṣa, Uttama, Tāmasa, Raivata, Cākṣuṣa, and the glorious Vivasvat-suta (the Son of Vivasvat). — (62)

 

Medhātithi’s commentary (manubhāṣya):

The aforesaid Manus are now mentioned by name.

‘Glorious' is a qualifying epithet. — The other words are names; some being merely conventional, and others based upon relationship; the last name ‘Vivasvat-suta,’ ‘Son of Vivasvat,’ is a different kind of word; it is a name bearing the form of a compound; just like the names ‘Black-serpent,’ ‘Narasiṃha’ (Man-Lion) and the like.

 

 

VERSE 1.63

Section XXXVI - Manvantara and the Seven Manus

 

स्वायम्भुवाद्याः सप्तैते मनवो भूरितेजसः ।
स्वे स्वेऽन्तरे सर्वमिदमुत्पाद्यापुश्चराचरम् ॥६३॥

svāyambhuvādyāḥ saptaite manavo bhūritejasaḥ |
sve sve'ntare sarvamidamutpādyāpuścarācaram ||63||

 

These seven almighty Manus, of whom Svāyambhuva is the first, having called into existence the whole of this world, consisting of movable and immovable beings, sustained it, each during his own regime. — (63)

 

Medhātithi’s commentary (manubhāṣya):

Here seven Manus have been mentioned by me; elsewhere they are spoken of as fourteen.

‘Each during his own regime’ — during his time, i.e., during the time of his sovereignty. — ‘Having called into being’ the offerings, they ‘maintained,’ nourished, them. — ‘During his own regime’ — means during the time of his sovereignty; i.e., that Manu whose time or turn it was to create and maintain the continuity of the world.

Others explain the term ‘antara’ as denoting a particular time-period, just like the words ‘month’ &c.

But this is not right; it is only when the term ‘antara’ occurs along with the term ‘Manu’ (i.e., in the compound ‘Manvantara’) that it becomes expressive of a time-period, — i.e., the time-period known ns ‘Manvantara,’ — and not when it stands by itself (as it does in the text).

 

 

VERSE 1.64 [Measures of Time]

Section XXXVII - Measures of Time

 

निमेषा दश चाष्टौ च काष्ठा त्रिंशत् तु ताः कला ।
त्रिंशत् कला मुहूर्तः स्यादहोरात्रं तु तावतः ॥६४॥

nimeṣā daśa cāṣṭau ca kāṣṭhā triṃśat tu tāḥ kalā |
triṃśat kalā muhūrtaḥ syādahorātraṃ tu tāvataḥ ||64||

 

Ten and eight ‘nimeṣas’ (should be known as) one ‘Kāṣṭhā’; thirty such (Kāṣṭhās) one ‘Kalā’; thirty ‘Kalās’ one ‘muhūrta’; and as many ‘muhūrtas’ one ‘Ahorātra’ (Day and Night). — (64)

 

Medhātithi’s commentary (manubhāṣya):

The author now begins to describe the measures of time, which are taught in the Science of Astronomy, for the purpose of determining the exact duration of time of the continuance of the world and its dissolution.

Eighteen ‘nimeṣas’ go to make that measure of time which is known as ‘Kāṣṭhā’; — thirty ‘Kāṣṭhās’ make one ‘Kalā’; — thirty ‘Kalās’ make one ‘Muhūrta,’ and ‘as many’ — i.e., thirty; — thirty ‘muhurtas’ make one ‘Ahorātra’ (Day and Night).

‘Should be known as’ — this verb has got to be supplied.

‘Tāvataḥ,’ ‘a s many,’ is the Accusative Plural form.

“What is it that is called Nimeṣa?”

‘Nimeṣa is the natural winking of the Eye-lashes, which accompanies every opening of the eye. Other people have declared that ‘Nimeṣa’ is that time which is taken in the distinct utterance of one letter-sound. — (64)

 

Explanatory notes by Ganganath Jha:

‘Nimeṣa’ — (1) The time taken by one wink of the eye, or (2) the time taken in the distinct pronouncing of one syllable.

‘Tāvaṭaḥ’ — in the Accusative necessitates the supplying of the Transitive verb ‘vidyāṭ,’ ‘one should know’. Nārāyaṇa and Nandana however favour the nominative form ‘ṭāvanṭaḥ’ which obviates the necessity of adding any words.

Cf. in this connection Wilson’s Viṣṇu-Purāṇa — Ed. Hall, Vol. I, pp. 47-50.

 

Comparative notes by various authors:

(Verse 64-73)

Mahābhārata, 12.231.12-31. —

15 Nimeṣas make one Kāṣṭhā,

30 Kāṣṭhās make one Kalā,

30 Kalās     make 1 Muhūrta,

30 Muhūrtas make 1 Day or Night,

30 Days and Nights make 1 Month,

12 Months make 1 Year

2 Ayanas solstices (Northern and Southern).       make 1 Year

‘In the world of human beings it is the Sun that divides the Day and Night, the night is for the sleep of creatures and the day for active operations; — the Month constitutes the Day-Night of the Pitṛs, the brighter half being the Day, for active operations and the darker half, the Night, for sleeping. The year constitutes the Day-Night of the gods, the northern solstice, the Night.... 4,000 years constitute the Kṛtayuga and each succeeding yuga [Tretāyuga, Dvāparayuga, Kaliyuga] is a quarter less, etc., etc.’

Arthaśāstra, p. 265. — ‘The divisions of these are the following — Tuṭa, Lava, Nimeṣa, Kāṣṭhā, Kalā, Nāḍīkā, Muhūrta, Divasa, Rātri, Pakṣa, Māsa, Ṛtu, Ayana, Saṃvatsara and Yuga.

2 Tuṭas       make one Lava

2 Lavas      make one Nimeṣa

5 Nimeṣas  make one Kāṣṭhā

30 Kāṣṭhās make one Kalā

40 Kalās     make one Nāḍīkā

2 Nāḍīkās  make one Muhūrta

15 Muhūrtas make one Divasa*

15 Muhūrtas make one Night*

*= During the months of Chaitra and Aśvina; during other months the extent of the day and night vary to the extent of three Muhūrtas.

15 Divasa-Rātris    make one Pakṣa

2 Pakṣas     make make one Māsas

2 Māsas      make one Ṛtu

3 Ṛtus make one Ayana

2 Ayanas    make one Saṃvatsara

5 Saṃvatsaras make one Yuga

 

 

VERSE 1.65

Section XXXVII - Measures of Time

 

अहोरात्रे विभजते सूर्यो मानुषदैविके ।
रात्रिः स्वप्नाय भूतानां चेष्टायै कर्मणामहः ॥६५॥

ahorātre vibhajate sūryo mānuṣadaivike |
rātriḥ svapnāya bhūtānāṃ ceṣṭāyai karmaṇāmahaḥ ||65||

 

The Sun divides the ‘Day’ and ‘Night’ of Men and Gods; [of others] what is conducive to the repose of beings is ‘Night,’ and what is conducive to activity is ‘Day.’ — (65)

 

Medhātithi’s commentary (manubhāṣya):

‘Ahorātra’ — ‘day’ and ‘night’; of these the Sun makes the division; the Sun having risen, so long as his rays are visible, it is called ‘day’; and from the time that the Sun sets to the time that he rises again, it is called ‘night.’ Such is the case in the region of men and in the region of Gods.

“In a place where the Sun does not reach with his rays, — how is one to make this division of ‘day’ and ‘night’?”

The answer to this is given in the second line — ‘what is conducive &c.’ For such beings as are self-illumined, as the light is always there (and it never ceases) the division of ‘day’ and ‘night’ is made according to the undertaking of actions and going to sleep. Just as in the case of herbs, the time for sprouting is fixed by nature, exactly in the same manner, in the case of the beings in question, the times of ‘activity’ and ‘repose’ are fixed by the nature, of time itself [and are not variable]. — (65)

 

Explanatory notes by Ganganath Jha:

‘Rātriḥ svapnāya &c.’ — This line supplies the definition of ‘Day’ and ‘Night’ for those regions that are beyond the reach of the Sun; — ‘Day’ being the period of activity, and ‘Night’ the period of repose.

 

Comparative notes by various authors:

See the comparative notes for Verse 1.64 (Measures of Time).

 

 

VERSE 1.66 [‘Day and Night’ of the ‘Pitṛs’]

Section XXXVIII - ‘Day and Night’ of the ‘Pitṛs’

 

पित्र्ये रात्र्यहनी मासः प्रविभागस्तु पक्षयोः ।
कर्मचेष्टास्वहः कृष्णः शुक्लः स्वप्नाय शर्वरी ॥६६॥

pitrye rātryahanī māsaḥ pravibhāgastu pakṣayoḥ |
karmaceṣṭāsvahaḥ kṛṣṇaḥ śuklaḥ svapnāya śarvarī ||66||

 

One month (of men) forms the ‘day and night’ of the ‘Pitṛs’; and their division is by fortnights: the darker fortnight, conducive to activity, is ‘Day,’ and the lighter fortnight, conducive to repose, is ‘Night.’ — (66)

 

Medhātithi’s commentary (manubhāṣya):

That which is the ‘month’ of men is a ‘day and night’ of the ‘Pitṛs.’ As regards ‘division’ as to which part is ‘day’ and which ‘night,’ — this division, that ‘this is day and that is night,’ is determined ‘by fortnights,’ i.e., the fifteen days, which are known by the name of ‘half-month.’ That is, the said division is based upon fortnights: one fortnight is ‘day,’ and another fortnight is ‘night.’ In view of the fact that ‘day’ and ‘night’ differ in their character and occur in a fixed order of sequence, the author adds the following distinction: — The darker fortnight is ‘day,’ and the brighter fortnight, ‘night.’

The right reading (in view of the meaning intended) would be ‘Karmaceṣṭābhyaḥ’ (the Dative form), just as we have ‘svapnāya’; for the meaning meant to be conveyed is that the day is for the purpose of ‘activity.’ Hence the Locative ending in the text can be explained only as used on account of the exigencies of metre. — (66)

 

Explanatory notes by Ganganath Jha:

The ‘day’ and ‘night’ of Pitṛs is regulated by the Moon, just as those of gods and men is by the Sun.

This verse has been quoted in the Kālaviveka (p. 112) in support of the view that the seasons and other calculations are not governed by the ‘Lunar Month,’ — which only serves the purpose of being the ‘Day-Night’ of Pitṛs; the darker fortnight being their ‘day,’ and the brighter fortnight ‘night’.

The same work quotes it again on p. 308, in support of the view that ‘from Pratipat to Amāvāsyā is the dark fortnight, and from Pratipat to Purṇamāsi is the Bright Fortnight.’

 

Comparative notes by various authors:

See the comparative notes for Verse 1.64 (Measures of Time).

 

 

VERSE 1.67 [‘Day’ and ‘Night’ of the ‘Gods’]

Section XXXIX - ‘Day’ and ‘Night’ of the ‘Gods’

 

दैवे रात्र्यहनी वर्षं प्रविभागस्तयोः पुनः ।
अहस्तत्रोदगयनं रात्रिः स्याद् दक्षिणायनम् ॥६७॥

daive rātryahanī varṣaṃ pravibhāgastayoḥ punaḥ |
ahastatrodagayanaṃ rātriḥ syād dakṣiṇāyanam ||67||

 

One ‘year’ (of men) forms the ‘Day and Night’ of the Gods; and the division of these is that the ‘Northern course’ is the ‘Day,’ and the ‘Southern Course’ the ‘Night.’ — (67)

 

Medhātithi’s commentary (manubhāṣya):

‘One year,’ of men, — i.e., twelve months, — ‘forms the Day and Night of the Gode.’ — The division of these is by means of the ‘Northern Course’ and the ‘Southern Course’; the six months during which the Sun moves towards the North is the ‘Northern Course,’ ‘Udagayanam’; the term ‘ayana’ standing for moving or occupying; the meaning being that during the six months the Sun rises towards that particular quarter. Turning hack from that, there comes the ‘Southern course’; during these six months the Sun abandons the Northern quarters and rises towards the South. — (67)

 

 

VERSE 1.68 [The ‘day’ of Brahmā and the ‘Yugas’]

Section XL - The ‘day’ of Brahmā and the ‘Yugas’

 

ब्राह्मस्य तु क्षपाहस्य यत् प्रमाणं समासतः ।
एकैकशो युगानां तु क्रमशस्तन्निबोधत ॥६८॥

brāhmasya tu kṣapāhasya yat pramāṇaṃ samāsataḥ |
ekaikaśo yugānāṃ tu kramaśastannibodhata ||68||

 

Learn in brief, in due order, the measure of the Brahmic ‘day and night,’ as also that of the ‘Time-cycles’ (Yugas) one by one. — (68)

 

Medhātithi’s commentary (manubhāṣya):

‘Brahmā,’ — The creator of living beings, has a region of his own; and what is going to be described is of Day and Night as obtaining in that region; — ‘as also of the Time-cycles.’ — ‘Learn’ all this, ‘in brief,’ summarily; i.e., hear it from me. — ‘one by one’ — that is, of each time-cycle separately.

The present verse serves as the summary of what is going to be described, intended to draw the attention of the audience; it is with this view that they are exhorted to ‘learn.’ — The ‘division of time’ having been already mentioned as the subject-matter of the context, the reiterated promise (implied in the exhortation to ‘learn’) is meant to indicate that a fresh subject is going to be introduced; the idea being that what is going to be described now is not merely what remains of the afore-mentioned ‘division of time,’ but it is also conducive to merit; as will be directly stated in verse 73, where it is stated that ‘Brahma’s day is known to be sacred’; which means that the knowledge of it brings merit. — (68)

 

 

VERSE 1.69

Section XL - The ‘day’ of Brahmā and the ‘Yugas’

 

चत्वार्याहुः सहस्राणि वर्षाणां तत् कृतं युगम् ।
तस्य तावत्शती सन्ध्या सन्ध्यांशश्च तथाविधः ॥६९॥

catvāryāhuḥ sahasrāṇi varṣāṇāṃ tat kṛtaṃ yugam |
tasya tāvatśatī sandhyā sandhyāṃśaśca tathāvidhaḥ ||69||

 

They say that four thousnd ‘years’ are what is the ‘Kṛta-cycle’; as many hundred ‘years’ form the ‘Juncture’ (Morning); and of equal measure is the ‘Juncture-end’ (Evening). — (69)

 

Medhātithi’s commentary (manubhāṣya):

The ‘years’ here spoken of are taken as the years of the Gods; as it is this that has been mentioned last. Says the Author of the Purāṇas — ‘O Brāhmaṇas, all this has been described by the divine measure: the measure of the Time-Cycles has been described by the divine measure.’ — ‘Four thousand’ such ‘years’ of the Gods constitute the Time-Cycle known as ‘Kṛta’: — of the ‘Kṛta’ cycle, ‘as many’, i.e. four ‘hundred’ ‘years’ form the ‘Juncture’; and of the same ‘Kṛta’ Cycle, the ‘Juncture-end’ is consisting of a period of four hundred years. That period of time which partakes in equal degree of the character of the preceding as well as that of the succeeding Cycle, is called ‘Juncture’; and ‘Juncture-end’ is that period of time which also partakes of the character of both, but in a less degree, of the preceding and, to a greater degree, of the succeeding Cycle.

The text contains the word ‘tāvacchatī’; and it is necessary to And out the rule under which the final I has been lengthened. The only grammatical explanation of the word possible is that it should be expounded as ‘tāvat śatānām sa māhārah’, ‘the collection of as many hundreds’; the term ‘tāvat’, ending in the ‘vatu’ affix, becomes a numeral according to Pāṇini’s Sūtra 1.1.23, by which words ending in ‘vatu’ are regarded as ‘numerals’; so that the said compound having a numeral for its first number becomes a ‘Dvigu’, according to Pāṇini 2.1.25; and since the Feminine affix ṭāp is precluded from Dvigu compounds, we have the Feminine affix ṅīp; and the word ‘tāvat’ means ‘one whose measure is tat (that)’: it being derived from the pronoun ‘tat’ with the ‘vatup’ affix, added according to Pāṇini’s Sūtra 5.2.39; the vowel in ‘tat’ being lengthened by the sūtra 6.3.91. If the form ‘tāvātī’ were explained in any other way, — for instance, if it were taken as a Bahubrīhi compound, being expounded as ‘tāvanti śatāni yasyāḥ’, — then, since the word ‘śata’ ends in ‘a’, it would take the Feminine affix ‘ṭāp’ according to Pāṇini 4.1.1; so that the form would be ‘tāvaccatā.’ This is the meaning. — (69)

 

Explanatory notes by Ganganath Jha:

‘Sandhyā’ — it is not clear whether the succeeding or preceding twilight is meant. Kullūka, and possibly Medhātithi, accepts the former view.

Medhātithi (p. 34, l. 24) for ‘Svabhāvānuvṛttiḥ’; how would it do to read ‘Svabhāvānanuvṛttiḥ’ — the meaning being that the preceding Twilight has the character of neither Day nor Night?

 

 

VERSE 1.70

Section XL - The ‘day’ of Brahmā and the ‘Yugas’

 

इतरेषु ससन्ध्येषु ससन्ध्यांशेषु च त्रिषु ।
एकापायेन वर्तन्ते सहस्राणि शतानि च ॥७०॥

itareṣu sasandhyeṣu sasandhyāṃśeṣu ca triṣu |
ekāpāyena vartante sahasrāṇi śatāni ca ||70||

 

In each of the other time-cycles, along with their ‘junctures’ and ‘juncture-ends’, the ‘thousands’ and ‘hundreds’ are reduced by one. — (70)

 

Medhātithi’s commentary (manubhāṣya):

Among the three Time-cycles other then the Kṛta, — i.e. in Tretā and the rest, — along with their ‘junctures’ and ‘juncture-ends’, — the ‘thousands’ are reduced (in each) by one; ‘reduction’ means dimunition. That is in Tretā, the number of ‘thousand,’ is one less than that in Kṛta; similarly the number in Dvāpara is one less than that in Tretā; and that in Kali is one less than that in Thus Tretā consists of three thousand years, Dvāpara of two thousand years, and Kali of one thousand years. Similarly the number of ‘hundred’ goes on diminishing in the ‘junctures’ and ‘juncture-ends’ of the Cycles.

‘Time-cycle’, ‘yuga’, is the name given to a particular aggregate of days; and ‘Kṛtā’ and the rest are particular names of the said ‘Time-cycle’. — (70)

 

 

VERSE 1.71 [The Yuga — Time-Cycle — of the Gods]

Section XLI - The Yuga — Time-Cycle — of the Gods

 

यदेतत् परिसङ्ख्यातमादावेव चतुर्युगम् ।
एतद् द्वादशसाहस्रं देवानां युगमुच्यते ॥७१॥

yadetat parisaṅkhyātamādāveva caturyugam |
etad dvādaśasāhasraṃ devānāṃ yugamucyate ||71||

 

This period of the four time-cycles that have been just computed, — twelve thousand such periods are called the ‘time-cycle of the gods.’ — (71)

 

Medhātithi’s commentary (manubhāṣya):

‘Yadetat’ (in the sense of ‘this’) is an ordinary expression; and as a whole it means that which has been spoken of. — ‘This period of four Time-cycles that has been computed’ — i.e., the exact number of years in which have been definitely determined before this verse, — e.g. in verse 69, where the number of years in the Time-cycles is declared to be four thousand etc., etc., — ‘Twelve thousand’ of this period of four Time-cycles are called the ‘Time-cycle of the Gods’. That is to say the Divine Cycle consists of twelve thousand ‘Four-Cycles.’

The word ‘Sāhasram’ is derived from the word ‘sahasra’ with the reflexive affix ‘aṇ’; and the compound ‘dvādaśasāhasram’ is to be expounded as ‘dvādaśa-sahasrāṇi parimāṇe yasmin’, ‘that in which the measure is that of twelve-thousands’. — (71)

 

Explanatory notes by Ganganath Jha:

Burnell remarks — “According to the commentators the translation should run thus: ‘The four Yugas just reckoned (consisting of) twelve thousand years are called a Yuga of the gods.” This is the translation adopted by Buhler also. What is not quite accurate is the statement that such a translation is “according to the commentators”, — when we find that according to Medhātithi at least, the meaning of the verse is as it is represented by Burnell in his text. Medhātithi says explicitly — ‘dvādaśa-chaturyuga — sahasrāṇi devayugam nāma kāla ityarthaḥ’.

In face of the fact that the words of the text themselves convey this meaning — which involves the ‘lengthening’ of the ordinary into divine years, — it is difficult to understand Burnell’s remark that this ‘lengthening’ ‘is the work of commentators.’ On the contrary, on Burnell’s own showing, the ‘commentators’ would appear to have shortened the great length of the divine year clearly expressed by the words of the text.

 

 

VERSE 1.72 [‘Day and Night’ of Brahmā]

Section XLII - ‘Day and Night’ of Brahmā

 

दैविकानां युगानां तु सहस्रं परिसङ्ख्यया ।
ब्राह्ममेकमहर्ज्ञेयं तावतीं रात्रिमेव च ॥७२॥

daivikānāṃ yugānāṃ tu sahasraṃ parisaṅkhyayā |
brāhmamekamaharjñeyaṃ tāvatīṃ rātrimeva ca ||72||

 

The ‘Time-cycles’ of the Gods, one thousand in number, should be regarded as one ‘day’ of brahmā; and (his) ‘night’ also is of the same extent. — (72)

 

Medhātithi’s commentary (manubhāṣya):

Thousand ‘Time-cycles’ of the Gods make one ‘day’ of Brahmā. — Brahmā’s night also ‘is of the same extent’ — i.e., as long as thousand ‘Time-cycles’ of the Gods. — ‘In number’ — i.e., which in computation, is one thousand; the adding of this term is only for the purpose of tilling up the verse; for a thing cannot be spoken of as a‘thousand’ except in number.

The instrumental ending (in ‘Sāṅkhyayā’) denotes causality.

 

 

VERSE 1.73

Section XLII - ‘Day and Night’ of Brahmā

 

तद् वै युगसहस्रान्तं ब्राह्मं पुण्यमहर्विदुः ।
रात्रिं च तावतीमेव तेऽहोरात्रविदो जनाः ॥७३॥

tad vai yugasahasrāntaṃ brāhmaṃ puṇyamaharviduḥ |
rātriṃ ca tāvatīmeva te'horātravido janāḥ ||73||

 

Those who know the ‘Day of Brahmā’ as ending with the (said) thousand ‘time-cycles,’ and the ‘night’ also as of the same extent, — are people who alone know what is ‘day and night’, and acquire merit. — (73)

 

Medhātithi’s commentary (manubhāṣya):

‘Yugasahasrāntam,’ — ‘that of which the thousand cycles are the end;’ — those men who know this, ‘they are the people who alone know what is Day and Night.’

If it be asked — what happens to the people who know this? — it is added that ‘they acquire merit.’ Such is the connection (of the word ‘puṇyam’). The sense is that ‘knowledge of Brahmā’s Day and Night is conducive to merit, and hence this knowledge should be acquired;’ — this injunction (of acquiring the said knowledge) being implied by the valediction contained in the verse. — (73)

 

Explanatory notes by Ganganath Jha:

‘Puṇyam’ — Medhātithi takes this not merely as an epithet of ‘ahaḥ,’ but as constituting a distinct sentence by itself.

 

 

VERSE 1.74 [Brahmā creates the Mind and applies it to creation]

Section XLIII - Brahmā creates the Mind and applies it to creation

 

तस्य सोऽहर्निशस्यान्ते प्रसुप्तः प्रतिबुध्यते ।
प्रतिबुद्धश्च सृजति मनः सदसदात्मकम् ॥७४॥

tasya so'harniśasyānte prasuptaḥ pratibudhyate |
pratibuddhaśca sṛjati manaḥ sadasadātmakam ||74||

 

At the end of the said ‘Day and Night,’ Brahmā, who was asleep, wakes up, and ha vino woken up, he creates mind, which partakes op the nature op the existent and the non-existent. — (74)

 

Medhātithi’s commentary (manubhāṣya):

Brahmā, having slept daring the long night or the said extent, ‘wakes up,’ and then proceeds to create the world again. — The ‘sleep’ of Brahmā is of the character already described (in verse 54); and he does not sleep in the manner of ordinary men, as he is ever awake (conscious).

The order of creation is next stated: — [He created] ‘the Mind, which partakes of the nature of the existent and the nonexistent.’

Question — “It has been stated above (in verse 8) that ‘at first he created water’.”

In answer to this some people offer the following explanation: — There are two kinds of ‘Dissolution’ — the ‘Great Dissolution’ and the ‘Intermediate Dissolution’; and what is stated in the present context is the order in which things are created after the ‘Intermediate Dissolution’; and the ‘Mind,’ in this case, is not one of the ‘Principles,’ — this ‘Principle’ Mind having come into existence already (after the Great Dissolution); what the text means is that ‘Brahmā’, having woken up, ‘creates’ — i.e., applies — the Mind — to creation.

If, however, the text be taken to refer to the creation following on the ‘Great Dissolution,’ — then ‘Mind’ should be taken as standing for the ‘Great Principle of Intelligence,’ — it being called ‘Mind’ because it is the cause of the Mind; and thus the order here mentioned would not in any way militate against that stated before (in verse 14-15). In the Purāṇa we read — ‘It is described as Mind, Mahān, Mati, Buddhi and Mahattattva; all these have been described as words synonymous with Mahat (the Great Principle of Intelligence)’; [and thus there is nothing wrong in taking ‘manas’ of this verse as standing for the Great Principle]. — (74)

 

Explanatory notes by Ganganath Jha:

Of the second half of the verse, two explanations have been mentioned by Medhātithi and Kullūka: (1) ‘on waking from sleep, Brahmā creates the Manas (i. e., the Mahat)’; and (2) ‘He employs his own Manas (Mind) in creating die world’. Govindarāja adopts the latter explanation only; Nārāyaṇa and Nandana accept the former only. Nandana takes ‘Manas’ as standing for Mahat, Ahaṅkāra and Manas, — and Sadasadāt makam as ‘prakṛtivikṛtyātmakam’.

 

 

VERSE 1.75 [Ākāśa produced out of ‘Mind’ [the Great Principle of Intelligence]]

Section XLIV - Ākāśa produced out of ‘Mind’ [the Great Principle of Intelligence]

 

मनः सृष्टिं विकुरुते चोद्यमानं सिसृक्षया ।
आकाशं जायते तस्मात् तस्य शब्दं गुणं विदुः ॥७५॥

manaḥ sṛṣṭiṃ vikurute codyamānaṃ sisṛkṣayā |
ākāśaṃ jāyate tasmāt tasya śabdaṃ guṇaṃ viduḥ ||75||

 

The ‘Mind’ impelled by (Brahmā’s) desire to create, evolves creation; — from out of that (Mind) is produced Ākāśa; of this they know sound to be the quality. — (75)

 

Medhātithi’s commentary (manubhāṣya):

Though the creation of the ‘Principles’ has been already described, it is stated again for the purpose of pointing out the details not set forth before.

Vikurute, ‘evolves,’ — i.e., being impelled, by Brahmā, it brings about creation in a particular manner; — from out of the ‘Mind’ (i.e., the Great Principle of Intelligence), thus propelled (to modification) is produced Ākāśa; and this Ākāśa possesses the quality known as ‘Sound ‘Quality’ is that which subsists (in a substance); and the substratum of the quality of Sound is Ākāśa, in the sense that no Sound is possible apart from Ākāśa. — (75)

 

Comparative notes by various authors:

(Verse 75-78)

Mahābhārata, 12.232.4-7. — (Same as Manu.)

 

 

VERSE 1.76 [Wind (vāyu) after Ākāśa]

Section XLV - Wind (vāyu) after Ākāśa

 

आकाशात् तु विकुर्वाणात् सर्वगन्धवहः शुचिः ।
बलवाञ्जायते वायुः स वै स्पर्शगुणो मतः ॥७६॥

ākāśāt tu vikurvāṇāt sarvagandhavahaḥ śuciḥ |
balavāñjāyate vāyuḥ sa vai sparśaguṇo mataḥ ||76||

 

After Ākāśa, from out of the same evolvent [‘Mind’], there comes into existence the pure and potent Wind, the vehicle of all odours; and it is held to be endowed with the quality of Touch. — (76)

 

Medhātithi’s commentary (manubhāṣya):

Though the creation of the ‘Principles’ has been already described, it is stated again for the purpose of pointing out the details not set forth before.

Vikurute, ‘evolves,’ — i.e., being impelled, by Brahmā, it brings about creation in a particular manner; — from out of the ‘Mind’ (i.e., the Great Principle of Intelligence), thus propelled (to modification) is produced Ākāśa; and this Ākāśa possesses the quality known as ‘Sound ‘Quality’ is that which subsists (in a substance); and the substratum of the quality of Sound is Ākāśa, in the sense that no Sound is possible apart from Ākāśa. — (75)

 

Explanatory notes by Ganganath Jha:

Medhātithi forces the Sāṅkhya doctrine on Manu, whose words clearly favour the Vaiśeṣika view.

The words clearly mean ‘From out of Ākāśa, undergoing modifications, proceeds Vāyu.’ But Medhātithi construes them to mean — ‘After Ākāśa — (from out of Mahat) which undergoes modifications — proceeds Vāyu &c.,’ — in order to make it agree with the Sāṅkhya doctrine that Vāyu, like every other elementary substance, proceeds from Mahat.

 

Comparative notes by various authors:

See Comparative notes for Verse 1.75 (Ākāśa produced out of ‘Mind’).

 

 

VERSE 1.77 [Light (jyoti) after Wind (vāyu)]

Section XLVI - Light (jyoti) after Wind (vāyu)

 

वायोरपि विकुर्वाणाद् विरोचिष्णु तमोनुदम् ।
ज्योतिरुत्पद्यते भास्वत् तद् रूपगुणमुच्यते ॥७७॥

vāyorapi vikurvāṇād virociṣṇu tamonudam |
jyotirutpadyate bhāsvat tad rūpaguṇamucyate ||77||

 

After wind, from out of the same Evolvent, emanates the bright and radiant light, the dispeller of darkness; it is said to be endowed with the quality of colour. — (77)

 

Medhātithi’s commentary (manubhāṣya):

The two words ‘bright’ and ‘radiant,’ which are synonymous, have been used with a view to indicate that Light is itself bright, and it also illumines other things; that it is itself endowed with brilliance and it makes other things also brilliant. — (77)

 

Comparative notes by various authors:

See Comparative notes for Verse 1.75 (Ākāśa produced out of ‘Mind’).

 

 

VERSE 1.78 [Water (ap) after Light (jyoti): Earth (bhūmi) after Water]

Section XLVII - Water (ap) after Light (jyoti): Earth (bhūmi) after Water

 

ज्योतिषश्च विकुर्वाणादापो रसगुणाः स्मृताः ।
अद्भ्यो गन्धगुणा भूमिरित्येषा सृष्टिरादितः ॥७८॥

jyotiṣaśca vikurvāṇādāpo rasaguṇāḥ smṛtāḥ |
adbhyo gandhaguṇā bhūmirityeṣā sṛṣṭirāditaḥ ||78||

 

After light, from out of the same Evolvent, emanates water, which has been declared to be endowed with the quality of taste. and after water, comes earth, endowed with the quality of odour. — Such is creation at the outset. — (78)

 

Medhātithi’s commentary (manubhāṣya):

‘Taste’ — such as ‘sweet’ and the rest., — is the quality of Water. — ‘Odour’ good smell and evil, is the quality of earth; as say the Vaiśeṣikas — ‘odour subsists in earth alone.’

Each of the single qualities that have been mentioned as belonging to each of the elemental substances, is what is inherent in it by its very nature; when, however, the substances come to be mixed up, their qualities also become intermingled. It is in view of this that we have the statement in verse 20 that — ‘each elemental substance is endowed with as many qualities as the place it occupies’.

This description of the qualities comes useful in meditation on the soul. This has been thus declared by the author of the Purāṇa. — ‘Those who meditate upon the sense-organs (as the soul) stay here for ten manvantaras; those who meditate upon the Elemental Substances stay for a hundred, and those who meditate upon the Principle of Egoism stay for a thousand manvantaras; [‘abhimāninaḥ’ means those who think of the Principle of Egoism]; those who meditate upon the great Principle of Intelligence stay for ten thousand manvantaras, freed from all sufferings; for full hundred thousand years stay those who meditate upon the Unmanifest (Primordial Matter); when one has reached the soul, devoid of all qualities, all limitation ceases.’ — (78)

 

Explanatory notes by Ganganath Jha:

‘Āditaḥ’ — (a) ‘after the Mahāpralaya’ (Kullūka); — (b) ‘after the Khaṇḍapralaya’ (Govindarāja and NārāyaḌa); (c) ‘Before the creation of the Egg’ (Nandana).

 

Comparative notes by various authors:

See Comparative notes for Verse 1.75 (Ākāśa produced out of ‘Mind’).

 

 

VERSE 1.79 [Regime of one Manu]

Section XLVIII - Regime of one Manu

 

यद् प्राग् द्वादशसाहस्रमुदितं दैविकं युगम् ।
तदेकसप्ततिगुणं मन्वन्तरमिहोच्यते ॥७९॥

yad prāg dvādaśasāhasramuditaṃ daivikaṃ yugam |
tadekasaptatiguṇaṃ manvantaramihocyate ||79||

 

The ‘Time-cycle of the Gods’ which has been described above as consisting of ‘twelve thousand periods,’ — this multiplied by ‘seventy-one’ forms what is known here as ‘Manvantara’ (Regime of a Manu). — (79)

 

Medhātithi’s commentary (manubhāṣya):

The period of time named ‘manvantara’ consists of seventy-one ‘Time-cycles of the gods.’ — (79)

 

 

VERSE 1.80 [Manvantara]

Section XLIX - Manvantara

 

मन्वन्तराण्यसङ्ख्यानि सर्गः संहार एव च ।
क्रीडन्निवैतत् कुरुते परमेष्ठी पुनः पुनः ॥८०॥

manvantarāṇyasaṅkhyāni sargaḥ saṃhāra eva ca |
krīḍannivaitat kurute parameṣṭhī punaḥ punaḥ ||80||

 

Innumerable Manvantaras, as also Creation and Dissolution — all this the supreme lord calls into being again and again, as if in amusement — (80).

 

Medhātithi’s commentary (manubhāṣya):

‘Innumerable’ — Whose number is not limited.

Objection — “In works on Astronomy and other subjects we find the number of Manvantaras stated as fourteen.”

Our answer is that they are ‘innumerable’ in the sense that they revert repeatedly; in the same manner as the ‘twelve months.’

Of ‘Creation’ and ‘Dissolution’ also the repitition never ceases.

‘He calls into being all this as if in amusement’: — An objection is raised — “A man takes to an amusement only when he seeks for pleasure; as for the Supreme Lord, since he has all his desires fulfilled, and since his very form consists of pure Bliss, his acts of creation and dissolution could not be due to amusement.”

It is in view of this fact that the author has added the qualifying term ‘as if.’ The real answer to the objection however is what has been stated above [in the Bhāṣya on verse 21, where it has been pointed out that creation and dissolution are primarily due to the previous acts of living beings.] The answer provided by the ‘Knowers of Brahman’ (Vedāntins) is that in ordinary life also, in the case of kings and other such persons, it is found that they often act for mere diversion, without desire for any particular thing — (80).

 

Explanatory notes by Ganganath Jha:

‘Krīḍan’ — cf. Brahmasūtra — ‘Lokavattu līlākaivalyam.’ This idea of creation being a ‘sport’ for God is common in Hindu Theism.

 

 

VERSE 1.81 [Dharma perfect in the Kṛta Cycle]

Section L - Dharma perfect in the Kṛta Cycle

 

चतुष्पात् सकलो धर्मः सत्यं चैव कृते युगे ।
नाधर्मेणागमः कश्चिन् मनुष्यान् प्रति वर्तते ॥८१॥

catuṣpāt sakalo dharmaḥ satyaṃ caiva kṛte yuge |
nādharmeṇāgamaḥ kaścin manuṣyān prati vartate ||81||

 

In the Kṛta Cycle Virtue exists in its perfect form, with all its four feet; and so does Truth; — No benefit accrues to men by vice — (81).

 

Medhātithi’s commentary (manubhāṣya):

Virtue is that which has “four feet.” What constitutes ‘virtue’ is the action of sacrifice and the like; and as this latter is something to he performed, it has no body; hence the word ‘feet’ in the text cannot be taken as denoting the part of a body; it stands for ‘part’ or ‘factor.’ As a matter of fact, Virtue has no body, either like men or like birds and animals. Hence what is meant by Virtue having all its ‘four feet’ is that it is equipped with all its four factors. The meaning of the text thus is that such virtue as is perfect and equipped with its four factors existed in the Kṛta Cycle. — [The ‘four factors’ are now illustrated] — At the sacrifice, when it is in course of performance, there are four priests — viz., the ‘Hotṛ,’ the ‘Brahman,’ the ‘Udgātṛ’ and the ‘Adhvaryu’; — of the performers there are four castes, or four life-stages. ‘Virtue’ as it is described in the Veda was performed during that cycle in its entire and perfect form; i.e., it was not deficient in even the smallest factor, and it was not wanting in any of its details. The number ‘four’ is applicable to Virtue in many ways. For instance, in the case of the action of ‘giving’ also, there is the giver, the thing given, the recipient and his satisfaction. Or the ‘four factors’ of Virtue may be sacrifice, charity, austerity, and knowledge. This would he in accordance with what is going to be described in verse 86 as regards ‘Austerity’ being the chief virtue in the Kṛta age.

Or, the term ‘Dharma’ ‘Virtue’ in the text, may be taken as standing for the words descriptive of Virtue; and of such words the ‘four feet’ are the four kinds of words — Nouns, Verbs, Prepositions and Indeclinables. This is thus declared in Ṛgveda 1.164.45 — ‘There are four words contained in speech, these the wise Brāhmaṇas know’ — (in this passage) the epithet ‘manīsiṇaḥ,’ ‘wise,’ stands for those ‘who are of powerful minds,’ i.e., learned, virtuous; — (the passage goes on) ‘these, placed in the cave, do not appear to view,’ — i.e., are not perceptible — ‘the fourth speech people speak’ — the fourth, people versed in the Veda speak. The meaning of this passage is that — ‘in the beginning, no Vedic sentence was hidden from view, nor was any Vedic Rescensional Text lost, while now a days, much has become lost.’

‘So does truth,’ — that is, truth also exsists in its perfect form. Though truth also, being what is prescribed in the Veda, is a ‘virtue’ (and as such already included in the latter term), yet it has been separately mentioned with a view to show its special importance, or to indicate that it forms the basis of all virtues, the performance of ‘virtue’ in its entire form is based upon truth; and those who are untruthful, perform, for the purpose of gaining popularity, only a part of what constitutes ‘virtue’ and ignore the rest of it.

‘By vice’ — i.e., by following the prohibited path , — ‘no benefit’ — in the shape of either learning or wealth, — ‘accrues’ — comes — to the performer; this is by virtue of the special character of the age. (During that age) men do not acquire learning, nor do they earn wealth, by vicious means. Learning and wealth are the means by which virtuous acts are performed; hence when it is said that these are pure, what is meant is that this is what tends to virtue being performed in its entire and perfect form — (81).

 

Explanatory notes by Ganganath Jha:

Dharma with its ‘four feet’ is a common idea in Hinduism. In VIII. 16 we have the picture of Dharma as a ‘bull’; its ‘four feet’ have been variously identified: — (a) according to Medhātithi, they represent the four principal sacrificial priests — Adhvaryu, Hotṛ, Brahman and Udgātṛ; — (b) he also suggests, along with Nandana, that they may stand for the four castes; — (c) they have been held by Medhātithi, Kullūka and Nārāyaṇa to stand for the four means of acquiring merit — Tapas, Jñāna, Yajña and Dāna; — (d) and last, they have been identified by Medhātithi with the four kinds of speech described in Ṛgveda 1.164.45 — ‘Three being hidden in the cave and the fourth being spoken by men.’

‘Satyam’ — Though included in ‘Dharma,’ this has been mentioned separately, for the purpose of showing its special importance. The Aparārka (p. 1012) quotes the first line of this verse as showing the diverse character of the various cycles. — The verse is quoted in the Vīramitrodaya — Parībhāṣā, p. 50.

 

Comparative notes by various authors:

(Verse 81-86)

Mahābhārata, 12.231.23-28. — (Same as Manu.)

 

 

VERSE 1.82 [Virtue loses one ‘foot’ in each succeeding Cycle]

Section LI - Virtue loses one ‘foot’ in each succeeding Cycle

 

इतरेष्वागमाद् धर्मः पादशस्त्ववरोपितः ।
चौरिकानृतमायाभिर्धर्मश्चापैति पादशः ॥८२॥

itareṣvāgamād dharmaḥ pādaśastvavaropitaḥ |
caurikānṛtamāyābhirdharmaścāpaiti pādaśaḥ ||82||

 

In the other Cycles, virtue fell off from the scriptures, foot by foot; and on account of theft, falsehood and fraud, virtuous acts deteriorated foot by foot — (82).

 

Medhātithi’s commentary (manubhāṣya):

In the Cycles other than the Kṛta; — ‘from the scriptures,’ called ‘Veda’; — ‘virtue’ — ‘foot by foot’ — by one foot in each succeeding Cycle, — ‘fell off,’ was carried away; — the Vedic Texts disappeared, by reason of the deterioration in the powers of learning and assimilating of men (le arning the texts).

The ‘virtuous acts’ — in the form of the Jyotiṣṭoma and other sacrifices, that are performed now a days, — these also ‘deteriorated foot by foot’ on account of ‘theft’ &c.; i.e., since Priests, Sacrifices, Bestowers and Recipients of gifts, are all beset with the said evils, the virtuous act is not accomplished in the proper manner, and hence the result mentioned (as accruing from that act) also is not attained. In as much as this is the real meaning, we do not take ‘theft’ and the rest as applied to each of the three Cycles respectively; specially as all of them (theft &c.,) are found prevalent even now a days (in Kali) — (82).

 

Explanatory notes by Ganganath Jha:

This verse also has been variously interpreted: — (a) According to Medhātithi it means that during the Tretā, Dvāpara, and Kali cycles, ‘Dharma fell off from the scriptures, foot by foot, and that there was deterioration foot by foot in the fruit of Dharma also, — the reason for this latter fact lying in the prevalence of theft, falsehood and fraud during all these three cycles’; and he emphasises the fact that theft eta, are not to be token as pertaining to the three cycles respectively; — (b) according to Kullūka, Nārāyaṇa and Rāghavānanda, the meaning is that during the three cycles, by reason of unjust gains (‘āgamāt’) Dharma successively loses one foot etc., eta; — (c) Govindarāja agrees with Medhātithi, hut with this difference that he appears to favour the view that the deterioration in the results of acts is due to theft, falsehood and fraud respectively, — the view that has been repudiated by Medhātithi; — (d) according to Nandana — ‘it having been declared in the preceding verse that in the Kṛta-cycle there were no scriptures, it is now said that during the other three cycles, Dharma is determined by the scriptures, — and it diminishes successively in each age by one quarter.’

This verse is quoted in the Vīramitrodaya — Paribhāṣā, p. 50.

 

Comparative notes by various authors:

(Verse 81-86)

See Comparative notes for Verse 1.81 (Dharma in the Kṛta-yuga).

 

 

VERSE 1.83 [The span of Human Life in each Cycle]

Section LII - The span of Human Life in each Cycle

 

अरोगाः सर्वसिद्धार्थाश्चतुर्वर्षशतायुषः ।
कृते त्रेतादिषु ह्येषामायुर्ह्रसति पादशः ॥८३॥

arogāḥ sarvasiddhārthāścaturvarṣaśatāyuṣaḥ |
kṛte tretādiṣu hyeṣāmāyurhrasati pādaśaḥ ||83||

 

During the Kṛta Cycle, men are free from disease, they have all their aims fulfilled, and their life lasts trhough four hundred years; — During the Tretā and other Cycles, their life becomes shortened, quarter by quarter. — (83).

 

Medhātithi’s commentary (manubhāṣya):

By reason of the absence of vice, which is the cause of disease, men are ‘free from disease’; ‘disease’stands for sickness. — ‘All,’ the four castes, have their desired purposes accomplished; ‘aim’ stands for purpose; or (it may mean) the results following from all their acts with purposes are duly obtained; on account of the absence of obstacles, all result are obtained without fail.

‘Their life lasts through four hundred years’ — “But we find the highest age described as 1600 years, in the Chāndogya Upaniṣad (3.16.7), where it is said ‘he lived for sixteen hundred years’.”

It is in view of this that it has been held that the term ‘hundred years’ here stands for the stages of life; the meaning thus being that ‘they live through all the four stages of life,’ — man’s life is never shortened, they never die without having reached the fourth stage. That such is the meaning is shown by the fact that in the second half of the verse we have the assertion ‘vayo hrasati,’ ‘life becomes shortened’; this subsequent mention of the ‘shorterning of life’ would have some point only if the ‘lengthening of life’ were spoken of in the preceding sentence.

‘Quarter by quarter’ — the term ‘quarter’ here does not stand for the fourth part, it stands only for part; the meaning being that ‘man’s life becomes shortened in part’, i.e. some die while they are young children, others on reaching youth, and others on attaining old age; and the full span of life is difficult to attain. — (83)

 

Explanatory notes by Ganganath Jha:

‘Quarter by quarter’ — The natural meaning is that men lived for 400 years during Kṛta, 300 years during Tretā, 200 years during Dvāpara and 100 years during Kali But in view of the assertion in the Chāndogya Upaniṣad of a man having lived for 1600 years (3.16.17) Medhātithi has been forced to remark that ‘quarter’ here stands for part, and not for the precise fourth part, and to explain the text to mean that ‘man’s life becomes shortened in part; some die while they are young children, others on reaching youth and others on attaining old age.’

The Aparārka (p. 1012) quotes the first line in support of the view that each cycle has a distinct character of its own.

 

Comparative notes by various authors:

(Verse 81-86)

See Comparative notes for Verse 1.81 (Dharma in the Kṛta-yuga).

 

 

VERSE 1.84

Section LII - The span of Human Life in each Cycle

 

वेदोक्तमायुर्मर्त्यानामाशिषश्चैव कर्मणाम् ।
फलन्त्यनुयुगं लोके प्रभावश्च शरीरिणाम् ॥८४॥

vedoktamāyurmartyānāmāśiṣaścaiva karmaṇām |
phalantyanuyugaṃ loke prabhāvaśca śarīriṇām ||84||

 

The full age of mortals spoken of in the Veda, the results of actions and the powers of embodied beings, — are obtained in accordance with the character of the Cycle. — (84)

 

Medhātithi’s commentary (manubhāṣya):

Some people offer the following explanation: — What is meant ‘the age spoken of in the Veda’ is the age of a thousand years and so forth, which is indicated by the Veda prescribing such rites as are mentioned as extending over ‘thousand years’; and this age is ‘obtained’, reached, only in accordance with the nature of the Cycle, and not in all Cycle; for instance, now-a-days no one ever lives for ‘thousand years’ he who lives long, lives for a hundred years.

There are others who do not accept this explanation, and for the following reasons: — It has been decided (under Mīmāmsā-Sutras 6. 7.31-40) that when the term ‘year’ occurs in the Veda in connection with the long sacrificial sessions, it stands for ‘days’; so that if something else (in the shape of years) were taken as enjoined, then there would he an inconsistency, and this would lead to the ‘splitting of the sentence’; — the text in connection with the subject is in the form ‘pañcapañc??hatah tṛvṛtaḥ samvatsarāḥ’, ‘the fifty-five trios, years’ (literally); now hero what is definitely indicated by the context is that the term ‘trio’ stands for the three days of the vāmayana Sacrifice; so that it is in regard to these that the particular number (Fifty-five) is laid down; under the circumstances, if the sentence, by virtue of the term ‘Samvatsarāḥ’, ‘years’, were taken as laying down the further unknown fact? the said (trios) being ‘years’, — then there would be a?it in the sentence; in order to avoid this, it becomes necessary to take one or the other of the words as merely reite??ive (not injunctive); — now as regards the term ‘Samvatsara’, ‘year’, we find that, on the basis of diverse calculations, known as the ‘Saura’, the ‘Sāvana’ and so forth, it is often used in a sense other than that of a collection of exactly three hundred and sixty day; so that it is only right that this term (and not the term ‘fifty-five’) should be taken figuratively, as being descriptive of ‘days’.

Others again argue as follows: — Among the Mantra and Arthavāda texts of the Veda we find such egressions as — ‘The gods live for a hundred years’, ‘the man’s life is of hundred years’, and so forth, — where the term ‘hundred’ is found used in the sense of ‘many’ and ‘man’ is purely indefinite; hence the meaning (of our text,) is that ‘men are short-lived or long-lived according to the Cycle’. — If the verse were taken in its literal sense, it would mean that during Kali all men live for a hundred years, and this would not be true], — Or, it may mean that the exact extent of ‘full age’ — which is found mentioned as the result of sacrifices performed by the man desiring full age — being nowhere defined the extent should be taken as determined by the character of the particular Cycle.

‘Results’ — i.e., the things desired as results. described in the Veda, proceeding from acts performed with a purpose. — Though ‘full age’ also is a desired result, yet it has been mentioned separately in view of its importance; as declared in such words as — ‘Full age is the highest desirable object’.

‘Power’ — i.e. the superphysio faculties, consisting in being equipped with aṇimā (the faculty of becoming as small as one likes) and such other faculties’, — or in the form of ability to pronounce effective curses, as? bestowing effective boons

‘Are obtained in accordance with the character of the Cycle’ — this has to be construed with all (three phrases) — (84).

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 39, l. 5) — ‘Dīrghasatreṣu’ — Sec Mīmāṃsā-Sūtra 6.7.31-40 and Śabara on 6.7.7 —

yadi pañca pañāśataḥ ‘trivṛtaḥ’ (i. e., the three days of the Gavāmayana), na saṃvatsarāḥ | yadi saṃvatsarāḥ ‘trivṛtaḥ’, na pañcapañcāśataḥ | tasmāt virodhādanyatarad gauṇam |

This is the virodha mentioned by Medhātithi in line (6] Which of the two is to be taken as gauṇa is explained by Śabara on 6.7.38, where the conclusion is that the term saṃvatsara should be regarded as gauṇa.

Medhātithi ( p. 39, l. 12 ) — Śataśabdaśca bahunāmasu pāṭhitaḥ’ — e.g., Kauṣītaki Upaniṣad 2. 11; Īśā Upaniṣad 2; Mahānarāyaṇa Upaniṣad 6, — in addition to the passages quoted by Medhātithi himself.

 

Comparative notes by various authors:

(Verse 81-86)

See Comparative notes for Verse 1.81 (Dharma in the Kṛta-yuga).

 

 

VERSE 1.85 [Characteristics of the Cycles]

Section LIII - Characteristics of the Cycles

 

अन्ये कृतयुगे धर्मास्त्रेतायां द्वापरेऽपरे ।
अन्ये कलियुगे नॄणां युगह्रासानुरूपतः ॥८५॥

anye kṛtayuge dharmāstretāyāṃ dvāpare'pare |
anye kaliyuge nṝṇāṃ yugahrāsānurūpataḥ ||85||

 

During the Kṛta-cycle, the characteristics of men are of one kind, — of different kinds during the Tretā and the dvāpara, — and of yet another kind during the Kali-cycle; — this being due to the deterioration of each suceeding Cycle. — (85)

 

Medhātithi’s commentary (manubhāṣya):

This verse sums up what has been said in regard to the diversity in the nature of things based upon the difference in time.

The word ‘Dharma’ here is not restricted to the sense of sacrifice and such other acts (prescribed by the Veda); it stands for the characteristic of things in general. The meaning thus is that in each Cycle, the character of things varies, as shown before (in verses 83 and 84); just as, for instance, the character of things during the Spring is of one kind, of a different kind during the Summer, and of yet another kind during the Rains, — so it is in connection with the Cycles also.

By ‘difference’ it is not meant that things cease to bring about effects that they are found (at one time) to produce, and bring about other effects; what is meant is that they become incapable of bringing about their complete effects; and this by reason of the decrease in their potency. This is what is meant by the phrase — ‘this being due to the deterioration of each succeeding Cycle,’ — ‘deterioration’ meaning inferiority. — (85).

 

Explanatory notes by Ganganath Jha:

Buhler translates the verse to mean that the diversity of Dharma is due to the decrease in the length of the yugas. This however is not countenanced by any of the commentators, all of whom agree that the said diversity is due to the relative inferiority of fine age to the other.

Medhātithi’s interpretation of 85 is not quite consistent with what follows in 86; but he has taken care to disconnect 85 from 86; he distinctly says that what is said in 86 is a ‘diversity in the character of the yugas’ distinct from what has been set forth in 85. Really this is made clear by the fact that in 85, the word ‘Dharma’ stands, according to Medhātithi, not for duty, but for characteristic.

This verse is quoted in Hemādri — Pariśeṣa — Kāla, p. 657; — and in the Smṛticandrikā — Saṃskāra, p. 27.

 

Comparative notes by various authors:

(Verse 81-86)

See Comparative notes for Verse 1.81 (Dharma in the Kṛta-yuga).

 

 

VERSE 1.86 [Variation of ‘Virtue’ in the four Cycles]

Section LIV - Variation of ‘Virtue’ in the four Cycles

 

तपः परं कृतयुगे त्रेतायां ज्ञानमुच्यते ।
द्वापरे यज्ञमेवाहुर्दानमेकं कलौ युगे ॥८६॥

tapaḥ paraṃ kṛtayuge tretāyāṃ jñānamucyate |
dvāpare yajñamevāhurdānamekaṃ kalau yuge ||86||

 

In the Kṛta Cycle, ‘Austerity’ is the highest; in the Tretā ‘knowledge’ is described as such; in the Dvāpara they call the ‘Sacrifice’ the highest, and ‘Charity’ alone in the Kali-Cycle — (86).

 

Medhātithi’s commentary (manubhāṣya):

Another difference in the character of the Cycles is now described.

As a matter of fact, Austerity and the other Virtues are not prescribed in the Veda with reference to any particular Cycle, all of them should be performed at all times; hence the description contained in the present verse has got to be explained somehow or other. In fact it is in the Itihāsas that the distinction herein set forth is met with. [When ‘Austerity’ is relegated to the Kṛta Cycle] what is meant is that it is the principal — and hence the most effective — Virtue cultivated; and the men being longlived and free from disease are most capable of performing Austerities.

‘Knowledge’ — i.e. of spiritual matters. Though the men [being not quite so healthy in the Tretā as in the Kṛta ], suffer in the body, yet this bodily suffering does not render the internal discipline (necessary for spiritual knowledge) very difficult.

In as much as there is not much trouble in the performance of Sacrifices, sacrifice forms the chief virtue in Dvāpara.

In Charity, there is neither physical suffering, nor need for internal discipline or much learning; hence it is easily done. — (86)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri — Pariśeṣa — Kāla, p. 657, where ‘Tapas’ is explained as ‘Kṛcchra, Cāndrāyaṇa etc.,’ and ‘jñāna’ as ‘dhyāna’ ‘meditation’; — in the Vīramitrodaya — Paribhāṣā, p. 48; — in the Smṛticandrikā — Samskāra, p. 27, which explains ‘par am’ as ‘the most important;’ — and in the Kṛtyasārsamuccaya, p. 80.

 

Comparative notes by various authors:

(Verse 81-86)

See Comparative notes for Verse 1.81 (Dharma in the Kṛta-yuga).

 

 

VERSE 1.87 [Distribution of Functions among the several castes, part 1: of the Brāhmaṇa]

Section LV - Distribution of Functions among the several castes, part 1: of the Brāhmaṇa

 

सर्वस्यास्य तु सर्गस्य गुप्त्यर्थं स महाद्युतिः ।
मुखबाहूरुपज्जानां पृथक्कर्माण्यकल्पयत् ॥८७॥

sarvasyāsya tu sargasya guptyarthaṃ sa mahādyutiḥ |
mukhabāhūrupajjānāṃ pṛthakkarmāṇyakalpayat ||87||

 

With a view to the protection of this entire creation, the Resplendent One ordained the distinct functions of those who sprang from the mouth, the arms, the thighs and the feet — (86).

 

Medhātithi’s commentary (manubhāṣya):

The divisions of time have been described. The qualifications of the Brāhmaṇa and the other people are now described; and the present verse serves as an introduction to that subject.

‘Of this entire creation,’ — i.e., of all beings, — ‘with a view to the protection’ — for the purpose of their safety; — the Resplendent One, Prajāpati, — ‘ordained,’ — distributed — ‘the functions,’ — i.e., actions, leading to perceptible as well as imperceptible results, — of the Brāhmaṇa and other castes, that sprang from his mouth and other limbs. (87).

 

 

VERSE 1.88

Section LV - Distribution of Functions among the several castes, part 1: of the Brāhmaṇa

 

अध्यापनमध्ययनं यजनं याजनं तथा ।
दानं प्रतिग्रहं चैव ब्राह्मणानामकल्पयत् ॥८८॥

adhyāpanamadhyayanaṃ yajanaṃ yājanaṃ tathā |
dānaṃ pratigrahaṃ caiva brāhmaṇānāmakalpayat ||88||

 

For the Brāhmaṇas he ordained teaching, studying, sacrificing and officiating at sacrifices, as also the giving and accepting of gifts. (88).

 

Medhātithi’s commentary (manubhāṣya):

The said ‘functions’ are now described. (88).

 

 

VERSE 1.89 [Distribution of Functions among the several castes, part 2: of the Kṣatriya]

Section LVI - Distribution of Functions among the several castes, part 2: of the Kṣatriya

 

प्रजानां रक्षणं दानमिज्याऽध्ययनमेव च ।
विषयेष्वप्रसक्तिश्च क्षत्रियस्य समासतः ॥८९॥

prajānāṃ rakṣaṇaṃ dānamijyā'dhyayanameva ca |
viṣayeṣvaprasaktiśca kṣatriyasya samāsataḥ ||89||

 

For the Kṣatriya he ordained protecting of the people, giving of gifts, sacrificing and studying, as also abstaining prom being addicted to the objects of sense. (89).

 

Medhātithi’s commentary (manubhāṣya):

What are referred to here are such things as Musical Sounds and the like which tend to give rise (in the minds of men) to a longing for the objects of sensual enjoyment; and the ‘abstaining from being addicted to them’ means not being attached to them; that is, not to have recourse to them frequently. (89).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Vīramitrodaya — Paribhāṣā, p. 45, which reads ‘saktim’, and explains ‘viṣayeṣu aprasaktim’ as ‘control, of the senses;’ and in the Nṛsiṃhaprasāda, Saṃskāra, p. 73b.

 

 

VERSE 1.90 [Distribution of Functions among the several castes, part 3: of the Vaiśya]

Section LVII - Distribution of Functions among the several castes, part 3: of the Vaiśya

 

पशूनां रक्षणं दानमिज्याऽध्ययनमेव च ।
वणिक्पथं कुसीदं च वैश्यस्य कृषिमेव च ॥९०॥

paśūnāṃ rakṣaṇaṃ dānamijyā'dhyayanameva ca |
vaṇikpathaṃ kusīdaṃ ca vaiśyasya kṛṣimeva ca ||90||

 

For the Vaiśya, tending of cattle, giving of gifts, sacrificing and studying; as also trade, money-lending and cultivating of land. (90).

 

Medhātithi’s commentary (manubhāṣya):

‘Trade,’ — i.e., the acquiring of wealth by carrying on trade, on land and on water, and the importing of useful goods from foreign countries into the state of that king in whose kingdom he lives.

‘Money-lending’ — giving out money on interest. (90).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśara-mādhava (Ācāra, p. 416), in support of Parāśara, verse 63; — and in the Vīramitrodaya — Paribhāṣā (p. 45), which explains ‘Vaṇikpatham’ as ‘trade’ and ‘Kusīdam’ as ‘lending money on interest’.

 

 

VERSE 1.91 [Distribution of Functions among the several castes, part 4: of the Śūdra]

Section LVIII - Distribution of Functions among the several castes, part 4: of the Śūdra

 

एकमेव तु शूद्रस्य प्रभुः कर्म समादिशत् ।
एतेषामेव वर्णानां शुश्रूषामनसूयया ॥९१॥

ekameva tu śūdrasya prabhuḥ karma samādiśat |
eteṣāmeva varṇānāṃ śuśrūṣāmanasūyayā ||91||

 

For the Śūdra the Lord ordained only one function: the ungrudging service of the said castes. (91).

 

Medhātithi’s commentary (manubhāṣya):

‘The Lord’, Prajāpati, ordained ‘one function, for the Śūdra’; [in the form] — ‘Thou shalt perform the ‘service of the said castes,’ — i.e., of the Brāhmaṇa, Kṣatriya and Vaiśya; — ‘Ungrudging’ — i.e., without complaining; no resentment should be felt even in the mind.

‘Service’ stands for attending; i.e., doing of acts conducive to their convenience; such as massage of the body, and the obeying of wishes.

What is mentioned here is only such function of the Śūdra as leads to visible results (in the shape of livelihood); and in as much as the phrase ‘one only’ is not injunctive, it does not preclude the giving of gifts (and such other acts, leading to invisible results); specially as we shall find later on the actual injunction of these acts (for the Śūdra also). And it will be on that occasion that we shall set forth the classification of sacrifices and other acts (as to which of these should be done by which castes, and so forth). (91).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Vīramitrodaya — Paribhāṣā, p. 45; — and in the Varṣakriyākaumudī (p. 568), which explains ‘Prabhuḥ,’ ‘as Brahmā,’ and ‘Anasūyayā’ as ‘without dishonesty.’

 

 

VERSE 1.92 [Superiority of the Brāhmaṇa]

Section LIX - Superiority of the Brāhmaṇa

 

ऊर्ध्वं नाभेर्मेध्यतरः पुरुषः परिकीर्तितः ।
तस्मान् मेध्यतमं त्वस्य मुखमुक्तं स्वयम्भुवा ॥९२॥

ūrdhvaṃ nābhermedhyataraḥ puruṣaḥ parikīrtitaḥ |
tasmān medhyatamaṃ tvasya mukhamuktaṃ svayambhuvā ||92||

 

Man is described as purer above his naval; hence the Self-existent One has declared the mouth to be his purest part. (92)

 

Medhātithi’s commentary (manubhāṣya):

Down to the very sole of his feet, Man is pure; that part of his body which is ‘above the naval’ is extremely pure; and purer even than that is his mouth. This has been declared by that person himself who is the creator of the world. (92)

 

Explanatory notes by Ganganath Jha:

See 5.132.

 

 

VERSE 1.93

Section LIX - Superiority of the Brāhmaṇa

 

उत्तमाङ्गोद्भवाज् ज्येष्ठ्याद् ब्रह्मणश्चैव धारणात् ।
सर्वस्यैवास्य सर्गस्य धर्मतो ब्राह्मणः प्रभुः ॥९३॥

uttamāṅgodbhavāj jyeṣṭhyād brahmaṇaścaiva dhāraṇāt |
sarvasyaivāsya sargasya dharmato brāhmaṇaḥ prabhuḥ ||93||

 

In matters regauding ‘Dharma’, the Brāhmaṇa is the Lord of this whole world; — because he sprang out of the best part of (Prajāpati’s) body, because he is the eldest ok all, and because he upholds the Veda. — (98)

 

Medhātithi’s commentary (manubhāṣya):

This verse explains what follows from what has been said in the preceding verse. ‘The best part of the body,’ — the head; from out of that sprang, was born, the Brāhmaṇa. — He is also ‘the eldest of all,’ — the Brāhmaṇa was produced before the other castes . — ‘Because he upholds the Brahman, i.e., Veda’; the upholding of the Veda has been specifically prescribed for him. — ‘Hence,’ — for all these three reasons, — ‘the Brāhmaṇa is the lord,’ — i.e., as if he were the lord — ‘of this whole world’; i.e., he should be approached (treated) like the lord; and people should obey his orders in matters relating to Dharma. — ‘Dharmataḥ prabhuḥ’ means ‘dharme prabhuḥ,’ — ‘Lord in matters regarding Dharma,’ — the affix ‘tasi’ (in ‘dharmataḥ’) being added according to the Vārtika on Pāṇini 5.4.44, which lays down the use of this affix in connection with such terms as ‘ādya’ and the like. (93)

 

Explanatory notes by Ganganath Jha:

‘Dharmataḥ prabhuḥ’ — ‘The lord, by law’ — according to Nārāyaṇa and Nandana. But Medhātithi takes it to mean that ‘he is the lord, in matters relating to Dharma’; i.e., he is the person entitled to prescribe the duties of men and as such, is like the lord; — Govindarāja, Kullūka and Rāghavānanda accept the latter explanation.

 

 

VERSE 1.94

Section LIX - Superiority of the Brāhmaṇa

 

तं हि स्वयम्भूः स्वादास्यात् तपस्तप्त्वाऽदितोऽसृजत् ।
हव्यकव्याभिवाह्याय सर्वस्यास्य च गुप्तये ॥९४॥

taṃ hi svayambhūḥ svādāsyāt tapastaptvā'dito'sṛjat |
havyakavyābhivāhyāya sarvasyāsya ca guptaye ||94||

 

Him the Sself-existent one, after performing austerities, created, in the beginning, out of his own mouth, for the conveying of offerings (to the gods) and of oblations (to the Pitṛs), and for the preservation of this entire creation. (94).

 

Medhātithi’s commentary (manubhāṣya):

This verse serves the purpose of pointing out the details of the three reasons set forth in the preceding verse.

In the case of the ordinary man also, the head is the most important part of his body. ‘Him’ — the Brāhmaṇa; — ‘Self-existent one created out of his own mouth’; and this creation out of his mouth came about after he had performed austerities.

The fact of the Brāhmaṇa being the ‘eldest’ is vindicated by the term ‘in the beginning.’

That which is done for the benefit of the Gods is called ‘offering’; and that which is done for the benefit of the Pitṛs is called ‘oblation’; — ‘for the conveying of’ these two, — i.e., for presenting them to the Gods and the Pitṛs. In the term ‘abhivāhyāya,’ the verbal affix (ṇyat) has the nominal force, which may be explained somehow or other; the root ‘vaḥ’ being transitive.

By the said act (of conveying the oblations and offerings) is accomplished ‘the preservation,’ — nourishment — of this whole Trio of Worlds: the gods live upon offerings made from this world (by men), — the Gods again nourish plants and herbs and make them ripe by means of cold, heat and rains; this mutual benefit leads to ‘preservation.’ (94).

 

Comparative notes by various authors:

(Verse 94-99)

Yājñavalkya, 1.198-109. — ‘Having performed austerities, Brahmā created the Brāhmaṇas, for the guarding of the Vedas, for the satisfaction of Pitṛs and Gods and for the protection of Dharma. Those Brāhmaṇas who are devoted to learning and study, are the source of everything, superior to these are those who are devoted to religious acts; and superior even to these are those who are the best knowers of the science of the self.’

 

 

VERSE 1.95

Section LIX - Superiority of the Brāhmaṇa

 

यस्यास्येन सदाऽश्नन्ति हव्यानि त्रिदिवौकसः ।
कव्यानि चैव पितरः किं भूतमधिकं ततः ॥९५॥

yasyāsyena sadā'śnanti havyāni tridivaukasaḥ |
kavyāni caiva pitaraḥ kiṃ bhūtamadhikaṃ tataḥ ||95||

 

What being is superior to him through whose mouth the gods always eat the offerings and the Pitṛs the oblations? (95).

 

Medhātithi’s commentary (manubhāṣya):

The author proceeds to show the above-mentioned ‘conveying of oblations.’

‘Tṛdivaukasaḥ’ — are those whose habitation consists of the ‘third heaven,’ i.e., the denizens of heaven, the Gods. — The Gods accept the food that is eaten by the Brāhmaṇa: in connection with ‘Śrāddha’ offerings also, the feeding of Brāhmaṇas has been laid down as to be done for the sake of the Viśvedevas (a class of Gods), — this feeding being a part of the offering to the Pitṛs. What is stated in the text is with reference to these facts.

‘What being is superior’ — i.e. greater — ‘to him’ — than him? This means that the author himself ‘forgets’ (cannot think of) any being who could be so superior.

The Gods, occupying the highest regions, and the Pitṛs occupying the intermediate regions, — both are imperceptible; hence there is no other means of feeding them except though the feeding of Brāhmaṇas; — hence the Brāhmaṇa must be superior. (95).

 

Comparative notes by various authors:

See Comparative notes for Verse 1.94 (Brahmā created the Brāhmaṇas).

 

 

VERSE 1.96

Section LIX - Superiority of the Brāhmaṇa

 

भूतानां प्राणिनः श्रेष्ठाः प्राणिनां बुद्धिजीविनः ।
बुद्धिमत्सु नराः श्रेष्ठा नरेषु ब्राह्मणाः स्मृताः ॥९६॥

bhūtānāṃ prāṇinaḥ śreṣṭhāḥ prāṇināṃ buddhijīvinaḥ |
buddhimatsu narāḥ śreṣṭhā nareṣu brāhmaṇāḥ smṛtāḥ ||96||

 

Among beings, aminated ones are regarded as foremost; among aminated ones, those that subsist by reason: among rational beings men are foremost; and among men, Brāhmaṇas. (96).

 

Medhātithi’s commentary (manubhāṣya):

The word ‘being’ stands for all such things on earth as Trees and other immovable things, and also such movable

things as insects, beetles and the like. — Among these, the ‘animated ones’ — i.e., those that are capable of such activities as eating, moving and so forth, — are ‘foremost’; being aminated, they experience more powerful pleasures. — Among these latter, ‘those that subsist by reason,’ — i.e., those that discriminate between wholesome and unwholesome, such for instance, as dogs, jackals and other animals [are foremost]; these animals, when suffering from heat, more into the shade; when suffering from cold, they betake themselves to the sun; they give up a place where they find no food. — Among these latter again, ‘men are foremost’; and of them, ‘Brāhmaṇas.’ They are the most highly honoured; they are never ill treated by any person; in fact the killing of the Brāhmaṇa involves a serious expiatory rite, which is due entirely to considerations of caste. (96).

 

Explanatory notes by Ganganath Jha:

Medhātithi, (p. 41, l. 20) — ‘Parasparopokārāt’ — c.f. Bhagavadgītā — devān bhāvayatānena te

devān bhāvayatānena te devā bhāvayantu vaḥ |
parasparaṃ bhāvayantaḥ śreyaḥ param avāpsyatha ||3.11||

 

Comparative notes by various authors:

See Comparative notes for Verse 1.94 (Brahmā created the Brāhmaṇas).

 

 

VERSE 1.97

Section LIX - Superiority of the Brāhmaṇa

 

ब्राह्मणेषु च विद्वांसो विद्वत्सु कृतबुद्धयः ।
कृतबुद्धिषु कर्तारः कर्तृषु ब्रह्मवेदिनः ॥९७॥

brāhmaṇeṣu ca vidvāṃso vidvatsu kṛtabuddhayaḥ |
kṛtabuddhiṣu kartāraḥ kartṛṣu brahmavedinaḥ ||97||

 

Among Brāhmaṇas, the learned are the best, among the learned, those with firm convictions, among the men with firm convictions, those that act up to them; and among the actors, those that know Brahman. — (97).

 

Medhātithi’s commentary (manubhāṣya):

The superiority of the learned rests on the fact that it is they alone that are entitled to the performance of sacrifices that lead to great results. Among these ‘those with firm convictions’ — who have acquired firm knowledge of the essence of the Veda, and are never affected (adversely) by Bauḍḍhas and other heretics. — Among these again ‘those that act up to them’ — i.e., the performer of actions; these persons doing what is enjoined and avoiding what is prohibited, are never attacked (by evil). — Among these, those that know ‘Brahman’; those that know Brahman become of the nature of Brahman, and therein lies imperishable bliss. (97).

 

Explanatory notes by Ganganath Jha:

‘Kṛtabuddhayaḥ’ — ‘who know the Veda and its meaning (Medhātithi, Nārāyaṇa and Nandana); — ’ ‘Knowing the truth’ (Sarvajña-nārāyaṇa and Rāmacandra), — ‘who recognise the necessity of doing what is prescribed in the scriptures’ (Kullūka); — ‘determined’ (Rāghavānanda).

 

Comparative notes by various authors:

See Comparative notes for Verse 1.94 (Brahmā created the Brāhmaṇas).

 

 

VERSE 1.98

Section LIX - Superiority of the Brāhmaṇa

 

उत्पत्तिरेव विप्रस्य मूर्तिर्धर्मस्य शाश्वती ।
स हि धर्मार्थमुत्पन्नो ब्रह्मभूयाय कल्पते ॥९८॥

utpattireva viprasya mūrtirdharmasya śāśvatī |
sa hi dharmārthamutpanno brahmabhūyāya kalpate ||98||

 

The very genesis of the Brāhmaṇa is the eternal incarnation of Virtue; for he is born for the sake of Virtue; and this (birth) leads to the state of Brahman. (98).

 

Medhātithi’s commentary (manubhāṣya):

The peculiarity of the Brāhmaṇa endowed with the qualities of learning and the like having been described, some people might be led to ill-treat the mere Brāhmaṇa by birth; hence with a view to prevent this, the author has added this verse.

‘The very genesis’ — i.e., irrespective of his qualities, his mere birth, the mere ‘Brāhmaṇa caste’ — ‘is the eternal incar nation’ — body — ‘of Virtue.’

‘Born for the sake of virtue,’ — when the Brāhmaṇa has been duly initiated with the rites of initiation, this is what constitutes his ‘being horn for the sake of Virtue’; and ‘this birth leads to the state of Brahman’; on abandoning the ‘body of Virtue’, the Brāhmaṇa becomes the partaker of Supreme Bliss. — says the Śruti. (98).

 

Explanatory notes by Ganganath Jha:

‘Brahma’ — stands here for the Highest Spiritual Being; and not for the Veda, as Burnell understands it to mean, even after entertaining doubts on the matter. All the commentators agree in explaining the phrase ‘brahmabhūyāya kalpate’ as ‘becomes fit for being liberated — by being absorbed into Brahman, the Supreme Self.’

 

Comparative notes by various authors:

See Comparative notes for Verse 1.94 (Brahmā created the Brāhmaṇas).

 

 

VERSE 1.99

Section LIX - Superiority of the Brāhmaṇa

 

ब्राह्मणो जायमानो हि पृथिव्यामधिजायते ।
ईश्वरः सर्वभूतानां धर्मकोशस्य गुप्तये ॥९९॥

brāhmaṇo jāyamāno hi pṛthivyāmadhijāyate |
īśvaraḥ sarvabhūtānāṃ dharmakośasya guptaye ||99||

 

The Brāhmaṇa, on coming into existence, becomes supreme on earth; he is the supreme lord of all beings, serving the purpose of guarding the treasure of Virtue. (99).

 

Medhātithi’s commentary (manubhāṣya):

The Brāhmaṇa comes to the top of the entire world; this ‘coming to the top’ indicates his supremacy.

‘He is the Supreme Lord of all beings’, — and this supremacy comes about for the ‘purpose of guarding the treasure of Virtue.’ — ‘Treasure’ means a collection of objects; hence through similarity, the collection of Virtues is called ‘treasure’ (99).

 

Explanatory notes by Ganganath Jha:

The Aparārka (p. 281) quotes this verse in support of the view that the learned Brāhmaṇa is the master of everything in the world.

 

Comparative notes by various authors:

See Comparative notes for Verse 1.94 (Brahmā created the Brāhmaṇas).

 

 

VERSE 1.100

Section LIX - Superiority of the Brāhmaṇa

 

सर्वं स्वं ब्राह्मणस्येदं यत् किं चित्जगतीगतम् ।
श्रैष्ठ्येनाभिजनेनेदं सर्वं वै ब्राह्मणोऽर्हति ॥१००॥

sarvaṃ svaṃ brāhmaṇasyedaṃ yat kiṃ citjagatīgatam |
śraiṣṭhyenābhijanenedaṃ sarvaṃ vai brāhmaṇo'rhati ||100||

 

Whatever is contained in this world is all the property of the Brāhmaṇa; the Brāhmaṇa verily deserves all by virtue of his superiority and noble birth. (100).

 

Medhātithi’s commentary (manubhāṣya):

Having raised the question that, if the Brāhmaṇa happen to be discontented and should again undertake to receive gifts, he would incur sin, — the Author offers his answer to it in this verse.

‘All this’ — i.e., whatever wealth exists in the three worlds — ‘is the property of the Brāhmaṇa’; so that for him there can he no ‘acceptance of gifts’; what he takes possession of, he does by virtue of his being its possessor, and not as the receiver of a gift.

This is mere praise, not an injunction; hence we have the word ‘deserves’.

‘Noble birth’ — high hirth, superior character. (100). VERSE CI.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Aparārka (p. 282) as indicating that the learned Brāhmaṇa is the owner of all things.

 

 

VERSE 1.101

Section LIX - Superiority of the Brāhmaṇa

 

स्वमेव ब्राह्मणो भुङ्क्ते स्वं वस्ते स्वं ददाति च ।
आनृशंस्याद् ब्राह्मणस्य भुञ्जते हीतरे जनाः ॥१०१॥

svameva brāhmaṇo bhuṅkte svaṃ vaste svaṃ dadāti ca |
ānṛśaṃsyād brāhmaṇasya bhuñjate hītare janāḥ ||101||

 

What the Brāhmana eats is his own; his own what he wears and his own also what he gives; it ts due to the good will of the Brāhmaṇa that other people enjoy (things). (101).

 

Medhātithi’s commentary (manubhāṣya):

What the Brāhmaṇa eats as a guest in the house of others is really his own; it should not be thought that he is receiving food from another person’s kitchen. — Similarly ‘what he wears is his own’; — i.e., when he obtains clothing, either by begging or otherwise, it does not mean that he has acquired it from others; what it means is that he is employing what is his own in the covering of his body. — What he obtains for his own use, in that he may lie exercising his own right of possession; hut when he gives away to people what belongs to others, this also is nothing wrong for him; it is only his good will, benevolence. It is by reason of the large-heartedness of the Brāhmaṇa that Kings on earth enjoy their possessions; otherwise, if the Brāhmaṇa were to wish — ‘I should take all this and apply it to my own use,’ — then all others would become penniless, having nothing that they could use for their own benefit. — (101)

 

 

VERSE 1.102

Section LIX - Superiority of the Brāhmaṇa

 

तस्य कर्मविवेकार्थं शेषाणामनुपूर्वशः ।
स्वायम्भुवो मनुर्धीमानिदं शास्त्रमकल्पयत् ॥१०२॥

tasya karmavivekārthaṃ śeṣāṇāmanupūrvaśaḥ |
svāyambhuvo manurdhīmānidaṃ śāstramakalpayat ||102||

 

It was for the purpose of regulating the actions of the Brāhmaṇa, — and incidentally of others also, — that the wise Manu Svāyambhuva Elaborated these institutes. — (102)

 

Medhātithi’s commentary (manubhāṣya):

This verse serves the purpose of indicating the upshot of the entire eulogium pronounced on the Brāhmaṇa (in the foregoing verses); — [the sense being] — ‘These institutes are so important that they serve the purposes of the Brāhmana who is endowed with a high degree of supremacy due to his own inherent excellence’; — ‘for the puryose of regulating the actions,’ — i.e. for the purposes of regulating, in the form ‘such and such acts should be done, and such and such others should be avoided’; — ‘of others also,’ i.e. of the Kṣatriya and the rest; — ‘Incidentally,’ — i.e. primarily for the Brāhmaṇa, and only incidentally for the Kṣatriya and other castes; — ‘he elaborated.’ — set forth, — ‘these institutes .’ — (102)

 

Explanatory notes by Ganganath Jha:

‘Svāyambhuvo manuḥ’ — This does not mean ‘Manu, who sprang from the self-existent’; it means only ‘Manu, Svāyambhuva by name’; — ‘Svāyambhuva’ being the proper name of one of the Manus.

Anupūrvaśaḥ; — ‘Incidentally’ (Medhātithi); — ‘in due order’ (Rāmacandra).

 

 

VERSE 1.103 [Institutes to be studied by the Brāhmaṇa]

Section LX - Institutes to be studied by the Brāhmaṇa

 

विदुषा ब्राह्मणेनैदमध्येतव्यं प्रयत्नतः ।
शिश्येभ्यश्च प्रवक्तव्यं सम्यङ्नान्येन केन चित् ॥१०३॥

viduṣā brāhmaṇenaidamadhyetavyaṃ prayatnataḥ |
śiśyebhyaśca pravaktavyaṃ samyaṅnānyena kena cit ||103||

 

This may he studied with care, and duly taught to pupils, by the learned Brāhmaṇa, — not by any one else. — (103)

 

Medhātithi’s commentary (manubhāṣya):

Adhyetavyam-pravaktovyam’ — ‘can be studied and can be taught’ — the verbal affix denotes capability, not injunction [ i.e. the meaning is that the institutes deserve to be studied and taught &c.]; for actual injunctions are going to begin only from the Second Discourse onward; and the present Discourse is purely descriptive, it contains no injunctions. Hence, just as the assertion, ‘Rice forms the food of Kings,’ is regarded as a mere praise of the Rice, and it is not taken us a prohibition of its eating by people other than Kings, — in the same manner, in the present passage the phrase ‘not by any one else’ is not a prohibition (of study by others), but only a praise of the institutes; the sense thus is as follows: —

‘The Brāhmaṇa is the highest being in the world, — these institutes are the best of all institutes, — hence these are capable of being studied and taught only by the said learned Brāhmaṇa, — and they cannot be either studied or taught by any ordinary man.’ It is in view of this that the author adds the term ‘with great care’; unless great care is taken, until the self has been duly equipped with the knowledge of other sciences, — such as Logic, Grammar and Exigetics, — these institutes cannot be taught. Thus it is that ‘study’ implies ‘hearing’ (from the lips of the Teacher) also; and the justification for this implication lies in the fact that the ‘learning’ (spoken of by the epithet ‘learned’) comes in useful only in the case of hearing from the teacher’s lips, — (which presupposes intelligent following of the oral lectures); it would not be necessary for the mere reading of the words. If the present verse were taken as an injunction of ‘study,’ the said ‘learning’ could he regarded only as serving some transcendental purpose. It would not he right to argue that — “in the injunction also hearing would be implied by the studying”; for it is not right to take what is enjoined as subserving the purposes of implications. In the case of Declamatory passages (Arthavāda) on the other hand, there is nothing incongruous in admitting of indirect implications on the basis of other sources of knowledge (while a direct Injunction by its very nature, cannot be diverted from its direct meaning, on any account whatsoever],

From all this it follows that all three castes are entitled to the study of the Institutes. This we shall explain in detail later on. — (103)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Mitākṣarā (on I, 3) — along with another verse from Manu (2-16) — in support of the view that, though all the three twice-born castes are entitled to study the Dharmaśāstra, the Brāhmaṇa alone is entitled to teach it. In support of this it also quotes a text from Śaṅkha to the effect that the Brāhmaṇa alone is entitled to these, and it is he that explains their duties to the other castes. To this same view we find the verse quoted in the Vīramitrodaya (Saṃskāra, p. 512); — also in the Smṛticandrikā (Saṃskāra, p. 10) which reads vidvadbhiḥ for ‘śisyebhyaḥ’ and explains it as meant simply to exclude the Śūdra only.

 

 

VERSE 1.104 [Results accruing from the study of the Institutes]

Section LXI - Results accruing from the study of the Institutes

 

इदं शास्त्रमधीयानो ब्राह्मणः शंसितव्रतः ।
मनोवाक्देहजैर्नित्यं कर्मदोषैर्न लिप्यते ॥१०४॥

idaṃ śāstramadhīyāno brāhmaṇaḥ śaṃsitavrataḥ |
manovākdehajairnityaṃ karmadoṣairna lipyate ||104||

 

The Brāhmaṇa studying these institutes, and (thence) discharging all prescribed duties, is never defiled by sins of commission (or omission), proceeding from mind, speech or body. — (104)

 

Medhātithi’s commentary (manubhāṣya):

Having thus, indirectly through its co-relative, eulogised the Institutes as serving the purposes of the Brāhmaṇa, the Author now proceeds to eulogise them directly.

Knowing these Institutes, the Brāhmaṇa, comes to ‘discharge all prescribed duties,’ — i.e. he observes all observances and practises full self-control; having learnt from the institutes that the omission of duties is sinful, he, fearing sin, fulfils all active and passive obligations (relating to observances and self-control), — doing everything in full conformity to the Institutes. Thus fulfilling all his duties, ‘he is not defiled’ — affected — ‘by the sins’ arising from the omission of duties prescribed and the commission of deeds prohibited. — (104)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Smṛticandrikā (Saṃskāra, p. 10) which reads ‘saṃśita’ for ‘śaṃsita’ and adds that the term here stands for ‘twice-born’ persons.

 

 

VERSE 1.105

Section LXI - Results accruing from the study of the Institutes

 

पुनाति पङ्क्तिं वंश्यांश्च सप्तसप्त परावरान् ।
पृथिवीमपि चैवेमां कृत्स्नामेकोऽपि सोऽर्हति ॥१०५॥

punāti paṅktiṃ vaṃśyāṃśca saptasapta parāvarān |
pṛthivīmapi caivemāṃ kṛtsnāmeko'pi so'rhati ||105||

 

He purifies his company, and also his kindreds — seven higher (ancestors) and seven lower (descendants). he alone deserves this entire earth. — (105)

 

Medhātithi’s commentary (manubhāṣya):

He becomes the sanctifier of his company; ‘company’ stands here for a number of persons arranged in a particular order; this ‘he purifies,’ makes free from taint; i.e., all sinful men, by associating with him, become sinless.

‘Kindreds’ — persons born in his own family ; — ‘seven higher,’ those above him, the Father &c., and ‘seven lower,’ those that are to come, yet to be born.

He alone is entitled to receive the gift of this earth extending to the oceans; ‘knowledge of Dharma’ establishes a claim to become the recipient; hence it is that a full knowledge of Dharma is sought to be acquired. — (105)

 

 

VERSE 1.106

Section LXI - Results accruing from the study of the Institutes

 

इदं स्वस्त्ययनं श्रेष्ठमिदं बुद्धिविवर्धनम् ।
इदं यशस्यमायुष्यं इदं निःश्रेयसं परम् ॥१०६॥

idaṃ svastyayanaṃ śreṣṭhamidaṃ buddhivivardhanam |
idaṃ yaśasyamāyuṣyaṃ idaṃ niḥśreyasaṃ param ||106||

 

This (treatise) is ever conducive to welfare; it is most excellent; it expands the understanding brings fame and constitutes the highest good. — (106)

 

Medhātithi’s commentary (manubhāṣya):

‘Svasti,’ ‘Welfare’ — is the non-hindrance (fulfilment) of what is desired; ‘dyana’ ‘conducive,’ is that which brings about; hence ‘svastyayana,’ ‘conducive to welfare,’ means that which brings about the fulfilment of what is desired.

‘Most excellent’ — in comparison to such acts as the telling of beads, pouring of libations and so forth; without this treatise the performance of such acts is not possible; hence as leading to their performance, it is described as ‘most important.’ Or, it may mean that the words and sentences that serve to bring about the knowledge of virtue are excellent; while the actual performance is painful; hence the former are spoken of as ‘most excellent.’

‘It expands the intellect’ — when the treatise is duly studied, its subject-matter becomes illuminated, and the hard knots become untied; hence follows the expansion of the understanding, as is well known.

‘it brings fame,’ — when a man knows Dharma his opinion is sought for by enquirers, and thus he acquires fame. The term ‘Yaśasyam’ means that which is the cause of fame’, ‘fame’ consists in being known as possessing the qualities of learning, nobility and so forth.

‘The highest good’ — It brings about the due knowledge of Actions and Wisdom, which lead to the attainment of bliss unalloyed with pain, such bliss appearing in the form of ‘Heaven’ and ‘Final Release’; and for this reason this treatise constitutes the ‘highest,’ most excellent, ‘good’ — (106).

 

 

VERSE 1.107

Section LXI - Results accruing from the study of the Institutes

 

अस्मिन् धर्मेऽखिलेनोक्तौ गुणदोषौ च कर्मणाम् ।
चतुर्णामपि वर्णानामाचारश्चैव शाश्वतः ॥१०७॥

asmin dharme'khilenoktau guṇadoṣau ca karmaṇām |
caturṇāmapi varṇānāmācāraścaiva śāśvataḥ ||107||

 

Herein has been expounded Dharma in its entirety: the good and bad features of actions of all the four castes; as also eternal Morality. — (107)

 

Medhātithi’s commentary (manubhāṣya):

The Author now proceeds to describe the fact that his treatise, in regard to its subject-matter, is complete in itself, and does not stand in need of anything else.

That which is called ‘Dharma,’ ‘is expounded,’ in this Treatise, ‘in its entirety,’ wholly; that is, for acquiring the knowledge of Dharma, one need not have recourse to any other treatise. This is a hyperbolic eulogium; what is meant is only that such Dharma as is adumbrated in the Smṛtis has been expounded in its entirety in this Treatise.

‘The good and had features of actions,’ — the desirable and undesirable results form the ‘good and bad features of actions’ — i.e. of such actions as sacrifice and Brāhmāṇa-killing (respectively). ‘Entirety’ refers to the details relating to (1) the form of the acts, (2) their procedure, (3) their results, also (4) their relation to a particular kind of Agent, and (5) their distinction into ‘compulsory’ and ‘optional’; — it is all this that is meant by the term ‘good and bad features' ‘Dharma’ having been already mentioned in the preceding clause, the mention again of the term ‘action’ (which means the same thing) is for the purpose of filling up the verse.

‘Of all the four castes’; — this also is meant to indicate the complete charactcr of the Treatise; the meaning being that ‘whoever is entitled to the performance of Dharma can derive his knowledge of it from this Treatise’.

‘Eternal morality’ — Dharma or Action, based upon, indicated by, Morality is what is called ‘Eternal Morality’ here; i.e. Right Behaviour. This we shall examine in detail under Discourse II (verse 4). ‘Eternal’ — i.e. established by long-tradition, not merely set up by people of the present day. — (107).

 

Explanatory notes by Ganganath Jha:

‘Guṇadoṣau ca karmaṇām’ — ‘The desirable and undesirable results of actions’ (Medhātithi, Govindarāja, Kullūka and Nandana); — ‘the prescribed acts’ (Rāghavānanda and Nārāyaṇa).

 

 

VERSE 1.108

Section LXI - Results accruing from the study of the Institutes

 

आचारः परमो धर्मः श्रुत्योक्तः स्मार्त एव च ।
तस्मादस्मिन् सदा युक्तो नित्यं स्यादात्मवान् द्विजः ॥१०८॥

ācāraḥ paramo dharmaḥ śrutyoktaḥ smārta eva ca |
tasmādasmin sadā yukto nityaṃ syādātmavān dvijaḥ ||108||

 

Morality [Right Behaviour] is highest Dharma; that which is prescribed in the śruti and laid down in the Smṛti. hence the twice-born person, desiring the welfare of his soul, should be always intent upon Right Behaviour. — (108)

 

Medhātithi’s commentary (manubhāṣya):

‘Highest Dharma is Morality’ [Right Behaviour]; that which has been prescribed in the Śruti, i.e. Veda; and also ‘that laid down in the Smṛti.’ Hence one should be ever intent upon Dharma in the shape of Right Behaviour i.e. he should carry it into practice.

‘Ātmavān’ — lit. ‘endowed with soul,’ really means ‘desir ing the welfare of his soul’; all men are ‘endowed with soul’; hence the affix ‘matup’ is taken to mean ‘welfare of soul.’ — (108).

 

Explanatory notes by Ganganath Jha:

(Verse 108-109)

Vaśiṣṭha, 6.1-5. — (Same as Manu.)

 

 

VERSE 1.109

Section LXI - Results accruing from the study of the Institutes

 

आचाराद् विच्युतो विप्रो न वेदफलमश्नुते ।
आचारेण तु संयुक्तः सम्पूर्णफलभाग् भवेत् ॥१०९॥

ācārād vicyuto vipro na vedaphalamaśnute |
ācāreṇa tu saṃyuktaḥ sampūrṇaphalabhāg bhavet ||109||

 

The Brāhmaṇa who departs from Right Behaviour, does not obtain the fruit of the Veda; he however who is equipped with Right Behaviour obtains the full reward. — (109)

 

Medhātithi’s commentary (manubhāṣya):

This verse eulogises Right Behaviour iu another manner.

‘He who departs from Right behaviour,’ — i.e. is devoid of Right Conduct — does not obtain the ‘fruit of the Veda’; what is called ‘the fruit of the Veda is the result proceeding from the performance of acts prescribed in the Veda. Even though the man may perform the acts prescribed in the Veda, in their entire and perfect forms, yet if he happens to be one who has fallen off from Right Behaviour, he does not obtain their results, in the shape of the ‘birth of a son’ and so forth. This is the deprecation of men not following Eight Behaviour.

This same idea is expressed obversely in the next sentence.

‘He who is equipped with Right Behaviour obtains the full reward,’ — of all those optional acts that are done with a purpose.

In this connection some people argue as follows: — “In as much as the text contains the qualification ‘full,’ it follows that the man devoid of Right Behaviour does also obtain the results of his optional acts done with a purpose, — only the full result does not accrue to them.”

This is not right; because the term ‘full’ is purely commendatory [and hence cannot be taken as having any serious import]. — (109).

 

Explanatory notes by Ganganath Jha:

(Verse 108-109)

See Comparative notes for Verse 1.108 (On morality [right behaviour]).

 

 

VERSE 1.110 [Contents of the Treatise]

Section LXII - Contents of the Treatise

 

एवमाचारतो दृष्ट्वा धर्मस्य मुनयो गतिम् ।
सर्वस्य तपसो मूलमाचारं जगृहुः परम् ॥११०॥

evamācārato dṛṣṭvā dharmasya munayo gatim |
sarvasya tapaso mūlamācāraṃ jagṛhuḥ param ||110||

 

Having thus seen that virtue is got at from Right Behaviour, the sages regarded Right Behaviour as the very root of all Austerity. — (110)

 

Medhātithi’s commentary (manubhāṣya):

‘Of all Austerity, — i.e. Breath-control, silence, observances, self-control, and the busts of ‘Kṛcchra, Chāndrā yaṇa, and also absolute Fasting’; — of all this ‘Austerity,’ Right Behaviour is ‘the root,’ — the direct cause, leading to the growth of their fruit. — For the reason given, the sages regarded, accepted, it as being the root, — i.e. the cause, — of Austerity, performed by men desiring results. — ‘Having seen that virtue is got at,’ — acquired — ‘from Right Behaviour.’ — However difficult the Austerity performed, it is not fruitful for the man that is without Right Behaviour so says the Śruti. — (111).

 

 

VERSE 1.111

Section LXII - Contents of the Treatise

 

जगतश्च समुत्पत्तिं संस्कारविधिमेव च ।
व्रतचर्यौपचारं च स्नानस्य च परं विधिम् ॥१११॥

jagataśca samutpattiṃ saṃskāravidhimeva ca |
vratacaryaupacāraṃ ca snānasya ca paraṃ vidhim ||111||

 

The coming into existence of the world, — the rule relating to the sacramental Rites, — the method of keeping observances, — as also the excellent rules bearing upon the Final Ablution. — (111).

 

Medhātithi’s commentary (manubhāṣya):

The ‘Virtues’ expounded in the Treatise are here specified in detail. With a view to attract the attention of the hearers, it has been described in Verse 50, et. seq., that the results of ‘Virtue’ are endless. But it is passible that hearers might become discouraged by the idea that ‘Virtue’ is interminable, without end; hence with a view to encourage them, the Author is now providing a summary of the institute, in the shape of a list of contents: — the sense being — ‘only so many are the subjects dealt with, not too many, and they can certainly be learnt by people who are endowed with due regard and amount of confidence the idea is that if the path traversed is one that has been described briefly, it is not unbearable.

‘The coming into existence of the world,’ — i.e. the measure of time, the delineation of the characteristics of principles and things, the praise of the Brāhmaṇa, and so forth, — all these are included under the ‘coming into existence of the world’; this subject has been dealt with in the Treatise as a commendatory description, and not as something to be actually accepted as absolutely true.

‘The rates relating to sacramental rites,’ ‘the method of keeping observances.’ By ‘sacramental rites’ are meant those connected with ‘Impregnation’ and the rest; the ‘rules’ i.e., procedure — relating to these; — the keeping of ‘observances’ — i.e., by the Initiated Student, — of these the ‘method,’ the actual performance, the procedure; — this sums up what has been proclaimed in Discourse II. — ‘Final Ablution,’ — i.e. the particular ceremony performed by one who is returning from the house of his Preceptor (after finishing his course of study). — (111)

 

 

VERSE 1.112

Section LXII - Contents of the Treatise

 

दाराधिगमनं चैव विवाहानां च लक्षणम् ।
महायज्ञविधानं च श्राद्धकल्पं च शाश्वतम् ॥११२॥

dārādhigamanaṃ caiva vivāhānāṃ ca lakṣaṇam |
mahāyajñavidhānaṃ ca śrāddhakalpaṃ ca śāśvatam ||112||

 

The taking of wife, — the definition of the several forms of Marriage, — the method of the Great Sacrifices, — the eternal regulations relating to the offering to Pitṛs. — (112)

 

Medhātithi’s commentary (manubhāṣya):

‘Taking of wife,’ — the accepting of a wife in marriage; — ‘the definition’ — i.e., the means of distinguishing the exact character — ‘of marriages,’ — such as the ‘Brahma’ and the rest, which form the means by which the wife is taken. — ‘The great sacrifices’ — the five offerings of the ‘Vaiśvadeva’ and the rest. — ‘The regulations,’ rules, method, relating to śrāddhas, ‘offering to the Pitṛs.’

The terms ‘para,’ ‘excellent’ (in verse 111), and ‘eternal’ (in 112) only serve to fill in the metre.

All this forms the subject-matter of discourse III. — (112)

 

 

VERSE 1.113-116

Section LXII - Contents of the Treatise

 

वृत्तीनां लक्षणं चैव स्नातकस्य व्रतानि च ।
भक्ष्याभक्ष्यं च शौचं च द्रव्याणां शुद्धिमेव च ॥११३॥

स्त्रीधर्मयोगं तापस्यं मोक्षं संन्यासमेव च ।
राज्ञश्च धर्ममखिलं कार्याणां च विनिर्णयम् ॥११४॥

साक्षिप्रश्नविधानं च धर्मं स्त्रीपुंसयोरपि ।
विभागधर्मं द्यूतं च कण्टकानां च शोधनम् ॥११५॥

वैश्यशूद्रोपचारं च सङ्कीर्णानां च सम्भवम् ।
आपद्धर्मं च वर्णानां प्रायश्चित्तविधिं तथा ॥११६॥

vṛttīnāṃ lakṣaṇaṃ caiva snātakasya vratāni ca |
bhakṣyābhakṣyaṃ ca śaucaṃ ca dravyāṇāṃ śuddhimeva ca ||113||

strīdharmayogaṃ tāpasyaṃ mokṣaṃ saṃnyāsameva ca |
rājñaśca dharmamakhilaṃ kāryāṇāṃ ca vinirṇayam ||114||

sākṣipraśnavidhānaṃ ca dharmaṃ strīpuṃsayorapi |
vibhāgadharmaṃ dyūtaṃ ca kaṇṭakānāṃ ca śodhanam ||115||

vaiśyaśūdropacāraṃ ca saṅkīrṇānāṃ ca sambhavam |
āpaddharmaṃ ca varṇānāṃ prāyaścittavidhiṃ tathā ||116||

 

The description of the means of livelihood, — the observances of the initiated Householder, — lawful and forbidden food, — Purification, — the cleansing of things. — (113)

The conditions of Women, — the Duties of the Recluse, — Final Release, — Renunciation, — the entire duty of the King, — and the decision of law-suits. — (114)

The Rules regarding the examination of witnesses, — the Duties of Husband and wife, — Law relating to the Division of Property, — Gambling, — the exterminating of bad characters. — (115)

The duty of the Vaiśya and the Śūdra, — the birth of the mixed castes — the duties of all castes during times of distress — the method of expiation. — (116)

 

Medhātithi’s commentary (manubhāṣya):

The ‘description of the means of livelihood,’ — i.e., of the means of subsistence, in the form of acquiring wealth and the like. — ‘Of the Initiated Householder,’ — i.e., of one who has finished his Vedic study and has returned home from his teacher’s house; ‘the observances,’ such as ‘he should not look at the rising sun’ and so forth. All this forms the subject-matter of Discourse IV.

‘Lawful and forbidden food,’ — ‘five five-nailed animals are permitted food,’ and ‘forbidden food’ — such as onion, etc. — ‘Purification,’ — by lapse of time, as in the case of childbirth — ‘cleansing of things,’ with water. — ‘The condition of women’ — such as childhood, youth and so forth. All this is dealt with in Discourse V.

‘Duties of the Recluse’ — the Recluse is one whose chief work consists in the performing of austerity, — i.e., the ‘Vānaprastha,’ the Hermit; and the duty of these is called ‘Tapasyā.’ — ‘Final Release,’ — i.e., the duty of the Wandering Mendicant. — ‘Renunciation,’ is a particular form of the said ‘duty’ (of the Mendicant); how this is so will be explained in the chapter referred to. All this forms the subject matter of Discourse VI.

‘The entire duty,’ — those leading to visible (physical) as well as invisible (super-physical) results, — ‘of the king,’ — i.e., of the man whose business it is to protect the Earth, and who has obtained sovereignty. This forms the subject-matter of Discourse VII.

‘Of law-suits,’ — such as the non-payment of debts, etc.; — ‘decision,’ — i.e., dispelling all doubts, ascertaining the facts and deciding upon the course of action to be adopted. — ‘The method of examination of witnesses,’ — this has been mentioned separately (though already included in the foregoing), because of its great importance. This is the subject-matter of Discourse VIII.

‘Duties of husband and wife,’ — i.e., behaviour towards each other, when living together, and also when living apart. — ‘Laws relating to division’ — i.e., of Property. ‘Gambling’ — i.e., Laws relating to gambling are here spoken of as ‘gambling’ — ‘The extermination of,’ — means of banishing, — ‘bad characters’ — such as thieves, robbers and the like. Though in reality the ‘Division of Property,’ forming one of the eighteen ‘matters of dispute,’ is included under ‘law-suits’ and as such, standing on the same footing as the ‘nonpayment of debts,’ need not have been mentioned separately, yet it has been mentioned separately because it forms the subject-matter of a distinct Discourse. The duties of the Vaiśya and the Śūdra,’ — i.e., the performance of their respective duties. All this is dealt with in Discourse IX.

‘The birth’ coming into existence, ‘of the mixed Castes,’ — i.e., of the ‘Kṣattṛ,’ the ‘Vaideha,’ etc., etc. — ‘Duties during times of distress,’ — i.e„ when failing to carry on livelihood by the means prescribed for them, they are reduced to the point of death; and then there are certain duties that devolve upon the various castes. — This is dealt with in Discourse X.

‘The method of expiation,’ — is dealt with in Discourse XI. — (113-116)

 

 

VERSE 1.117

Section LXII - Contents of the Treatise

 

संसारगमनं चैव त्रिविधं कर्मसम्भवम् ।
निःश्रेयसं कर्मणां च गुणदोषपरीक्षणम् ॥११७॥

saṃsāragamanaṃ caiva trividhaṃ karmasambhavam |
niḥśreyasaṃ karmaṇāṃ ca guṇadoṣaparīkṣaṇam ||117||

 

The threefold transmigration of the Soul, arising from actions, — the highest good, — and the examination of the good and bad features of actions. — (117)

 

Medhātithi’s commentary (manubhāṣya):

‘Saṃsāragamana,’ — the property, ‘saṃsāra,’ ‘series of births and deaths,’ stands here for the possessor of the property, i.e., the personality or Soul, undergoing births and deaths; — the ‘gamana’ of that is its migration from one body to another. — Or, ‘saṃsāra’ may be taken as standing for the objects of the world, i.e., the three Regions of the Earth, etc.; — the ‘gamana’ is being born in those regions, as described before. — ‘Threefold,’ high, low and middling. — ‘Arising from actions’ — brought about by good and bad deeds.

‘Highest good’ — the work describes not only the conditions brought about by deeds, but also that higher than which there is nothing, — i.e., spiritual knowledge, — the means of attaining that also has been described.

‘Of actions’ — i.e.. those that are enjoined and those that are prohibited, — ‘the examination of the good and bad features.’ — (117)

 

Explanatory notes by Ganganath Jha:

See 12. 51 et seq.

 

 

VERSE 1.118

Section LXII - Contents of the Treatise

 

देशधर्मान्जातिधर्मान् कुलधर्मांश्च शाश्वतान् ।
पाषण्डगणधर्मांश्च शास्त्रेऽस्मिन्नुक्तवान् मनुः ॥११८॥

deśadharmānjātidharmān kuladharmāṃśca śāśvatān |
pāṣaṇḍagaṇadharmāṃśca śāstre'sminnuktavān manuḥ ||118||

 

The eternal laws op countries, duties op castes and laws of dynasties, — also the laws relating to heretics and to guilds, — all this manu has expounded in these Institutes. — (118)

 

Medhātithi’s commentary (manubhāṣya):

The present verse further confirms the complete character of the Treatise. ‘Laws of countries’ — those that are observed in particular countries, and not over the whole earth; — ‘Duties of castes’ — those pertaining specifically to the Brāhmaṇa and other castes. — ‘Laws of dynasties’ — those promulgated by famous dynasties; — ‘Heresy’ consists in the keeping of such observances as are prohibited; and ‘laws of heretics’ are those laws that are based upon heterodox treatises; the ‘heretics’ being described (in 430) as ‘persons addicted to improper deeds.’ — ‘Guilds,’ companies; of traders, artisans, actors and so forth.

All these laws and duties the revered ‘Manu has expounded in these Institutes’ — (118)

 

Explanatory notes by Ganganath Jha:

‘Deśadharma’ — is local custom, e.g. the ‘Holāka’ or Holi festival, which is peculiar to ‘North India’; and there also it is observed in different ways in different parts of the country.

Burnell — ‘It is worth while to compare the twelfth lecture with the first, on which it throws considerable light.’

This has been improved upon by Hopkins who, with a transcendent insight peculiar to a certain well-known sect of orientalists, opines the ‘whole character’ of the first lecture ‘as that of a later prefix to the work.’ It is really a treat to see how far people are carried away by their eagerness to say something ‘new.’

One fails to see the logic of the argument that, because the first lecture contains much more mingling of philosophical views, therefore it must be a later prefix. It would indeed be more logical to expect the ‘later prefix’ to be more accurate and lucid than what has preceded it! In fact the whole trouble regarding the first Discourse has arisen from the efforts made by commentators — Sanskrit and English — to read in the verses a systematic account of one or the other of the two well-known systems of the ‘Sāṅkhya’ and the ‘Vedānta’. Hopkins himself finds it ‘difficult to bring such verses as 53 ff. into harmony with the Sāṅkhya doctrine.’ But has Manu himself anywhere told him that he was expounding things in accordance with the ‘Sāṅkhya doctrine’? It does not appear to be fair to impose a doctrine upon the writer and then to take him to task for not being in harmony with that doctrine.

 

 

VERSE 1.119

Section LXII - Contents of the Treatise

 

यथैदमुक्तवांशास्त्रं पुरा पृष्टो मनुर्मया ।
तथैदं यूयमप्यद्य मत्सकाशान्निबोधत ॥११९॥

yathaidamuktavāṃśāstraṃ purā pṛṣṭo manurmayā |
tathaidaṃ yūyamapyadya matsakāśānnibodhata ||119||

 

You also learn from me to-day, these teachings, — just as they were, in the past promulgated by Manu, on being questioned by me. — (119)

 

Medhātithi’s commentary (manubhāṣya):

This address to the sages is for the purpose of attracting their attention. — (119)

Thus in the Institutes of Law promulgated by Manu, in the compilation expounded by Bhṛgu, the first Discourse.

Also

In the Bhāṣya by Bhatta Medhātithi.

 

***


 

Discourse II - Sources of Knowledge of Dharma

 

VERSE 2.1 [Dharma defined]

Section I - Dharma defined

 

विद्वद्भिः सेवितः सद्भिर्नित्यमद्वेषरागिभिः ।
हृदयेनाभ्यनुज्ञातो यो धर्मस्तं निबोधत ॥१॥

vidvadbhiḥ sevitaḥ sadbhirnityamadveṣarāgibhiḥ |
hṛdayenābhyanujñāto yo dharmastaṃ nibodhata ||1||

 

Learn that Dharma, which has been ever followed by, and sanctioned by the heart of, the learned and the good, who are free from love and hate. — (1)

 

Medhātithi’s commentary (manubhāṣya):

The First Discourse was undertaken for the purpose of showing the real character of the subject-matter dealt with by the Treatise; the description of the creation of the World and such other subjects have also been explained as supplementary to the said delineation of the subject-matter of the Treatise. It is now that the Treatise actually begins. As the promised subject of the Discourse, interrupted by the description of world-creation and such other subjects, may have been lost sight of, — the Teacher again addresses his pupils with a view to recall the subject to their minds.

That ‘Dharma,’ which you desired to learn is now being expounded by me, — please now ‘learn,’ — i.e., be attentive and listen.

In Discourse I, five or six verses (85 — 91) were meant to point out the purpose of the Treatise; the rest of it is mere ‘declamatory description’ (Arthavāda). So that, if all that has not been carefully learnt, there is not much harm; in the present Discourse however ‘Dharma’ itself is being directly expounded; hence this subject should be carefully learnt. This is the meaning of the re-iteration (in this verse, of Dharma being the subject-matter of the Treatise).

The term ‘dharma,’ as already explained, denotes the performance of the Aṣṭakā and such other prescribed acts. External philosophers regard as ‘dharma’ also such acts as the wearing of ashes, the carrying of begging-bowls, and so forth; — and it is with a view to exclude these from the category of ‘Dharma’ that the author adds the qualifications — ‘followed by the learned,’and so forth.

The ‘learned’ are those whose minds have been cultured by the study of the sciences; those that are capable of discerning the real character of the means of knowledge and the objects of knowledge. The ‘learned’ (meant here) are those who know the real meaning of the Veda, and not others. In fact those persons that admit sources other than the Veda to be the ‘means of knowledge’ in regard to Dharma are ‘unlearned,’ ‘ignorant’; in as much as their notions of the means and objects of knowledge are wrong. That this is so, we learn thoroughly from Mīmāmsā (Sūtra, Adhyāya I).

The ‘Good,’ — i.e., righteous men; those who translate into action what is known from authoritative sources, and who always try to obtain what is wholesome and avoid what is not wholesome; — what is ‘wholesome’ and ‘not wholesome’ among visible things is well known; among the ‘Unseen,’ that which forms the subject of ‘Injunction’ is ‘wholesome,’ while that which forms the subject of ‘prohibition’ is ‘not wholesome.’ Those who are outside the said pale of acting in accordance with the said authoritative sources of knowledge are called ‘not good’ (unrighteous). It is for these reasons that both knowledge and acting have been mentioned here (by means of the two epithets, ‘learned’ and ‘good’).

It is not possible for the term ‘saṭ' (in ‘sadbhiḥ’) to be taken in the sense of existing at the present time; because in this sense the epithet would be entirely superfluous: when a certain thing is ‘followed’ by one, it is only when this latter exists at the time [so that existence would be already implied by the other epithet.]

By ‘following’ in the present context is meant capability of acting (in conformity with). The Past-participial affix (in ‘sevitaḥ,’ ‘followed’) indicates the fact of the Dharma having been in force from times without beginning. As a matter of fact, such Dharma as consists of the Aṣṭakā and other rites are not, like ordinary Dharmas or Duties, set up by any person during the present time. This same fact is also indicated by the term ‘ever.’ (The sense is that) this Dharma has continued ever since the world-process has been going on. All other extraneous Dharmas, being set up by ignorant and wicked persons, though they may obtain currency for some time, drop out in course of time; no mere delusion can continue for thousands of ages. True knowledge on the other hand, even though it may for a time be shrouded by ignorance, shines forth in all its brilliance, upon the destruction of that ignorance. Being by its very nature, pure and brilliant, it can never undergo entire destruction.

‘Who are free from love and hate’ — What is referred to here is another cause that leads men to take to heterodox dharmas. ‘Delusion’ having been already described (as leading to the same end), the present phrase serves to indicate greed and the rest; the direct mention of ‘love and hate’ being meant to be only illustrative; e.g., it is by reason of Greed that people have recourse to magical incantations and rites. Or ‘Greed’ may he regarded as included (not merely indicated) by ‘Love and Hate.’ People who are too much addicted to what brings pleasure to themselves, on finding themselves unable to carry on their living by other means, are found to have recourse to such means of livelihood as the assuming of hypocritical guises and so forth. This has been thus described — ‘The wearing of ashes and carrying of begging bowls, being naked, wearing of discoloured clothes — these form the means of living for people devoid of intelligence and energy.’

‘Hate,’ — leads to the performance of acts contrary to those prescribed. People filled with hate are not quite capable of comprehending the truth; and hence they come to regard the wrong act (adharma) as the right one (dharma).

Or, both ‘Love’ and ‘Hate’ may be regarded as obstacles to the discernment of truth. As a matter of fact, even when some slight knowledge of the scriptures has been acquired, and the man has acquired the name of being ‘learned,’ — there is every possibility of his acting otherwise (than in strict accordance with the scriptures), if he happens to be under the influence of love or hate. For instance, people, though fully conversant with the scriptures, do commit such wrong acts as the giving of false evidence, with a view either to do harm to some one whom he hates, or to do good to some one whom he loves, and certainly one cannot be sure that such acting of these people is based upon the Veda; for the simple reason that there are present other forces (controlling his action), in the shape of Love and Hate. It is for this reason that these are prohibited.

The following objection is hero put forward: — “In the word ‘sadbhiḥ,’ the term ‘saṭ’ has been explained as denoting righteousness; but what sort of righteousness could belong to the man for whom it is considered possible to do wrong under the influence of Love and Hate? Consequently, it is not necessary to add the epithet ‘free from love and hate’ (this being already implied by the word ‘good’).”

[Our answer to the above is as follows] — As a matter of fact, the epithet in question (‘free from love and hate’) is mentioned as the reason or ground (of the aforementioned ‘goodness’ or ‘righteousness’); the sense being that ‘it is because they are free from Love and Hate that they are good.’

What is really meant is the absence of undue predominance of Love and Hate (and not absolute absence); because no man, even though there be forces at work tending to make him free from Love and Hate, can get rid of these entirely, as declared by Śruti (Chāndogya Upaniṣad, 8-12-1) — ‘So long as one has a body, there can be no cessation of the agreeable and the disagreeable.’

‘Love’ here stands for hankering after the enjoyment of things; and ‘Hate’ is that which leads one to avoid or escape from a certain thing. ‘Greed’ is the jealous hankering after the sole possession of an object; the feeling being in the form ‘may all this prosperity, fame and the like not belong to any other person.’ All these are functions of the Mind. Or, ‘Love’ may be taken as standing for the affection one feels towards sentient beings, like one’s wife, son, relations and so forth; and ‘greed’ for the longing that one has for riches and such insentient things.

‘By the heart.’ — ‘Heart’ here stands for the Mind; — ‘sanction’ is satisfaction of mind. The real condition of things is this: Buḍḍhi and other principles are located inside the Heart; and even though deluded persons have recourse to such unrighteous acts as the killing of animals apart from sacrifices, the eating of prohibited food and so forth, — thinking them to be right ‘Dharma,’ — yet they have compunctions in their hearts; in the case of the performance of actions prescribed in the Veda, on the other hand, the Mind feels satisfied.

The sense of all this is as follows: — ‘The Dharma that I am going to expound is not one beset with the said defects; — it is one that is actually followed by high-souled persons and towards which the Mind itself urges us. For these reasons it is only right that great regard should be paid to the Dharmas that are going to be propounded.’

Or, ‘Heart’ may be taken as standing for the Veda; the Veda, duly studied and borne within the heart in the form of ideas and conceptions, is called ‘heart.’

The present statement refers to the following three cases: — (1) when a person, without much thought, undertakes an action, through sheer impulse, — it must be right; this is what is meant by ‘sanctioned by the heart’; — (2) the same expression also includes the case when one acts according to custom, depending upon the dictum ‘that is the right path by which great men have gone’; — (3) when ‘learned’ persons, without any ulterior motives, are found to act in a certain manner they are never blamed for it, and even when people do not find their action authorised (by the Veda), they accept the fact that it must be based upon the Veda. In every way the present verse makes men have recourse to activity.

Other people explain this verse as serving the purpose of providing a general definition of ‘Dharma’; the sense being — ‘that which is done by such persons should be regarded as Dharma’; this definition is applicable to all forms of Dharma, — that which is directly prescribed by the Veda, that which is laid down in the Smṛti and also that which is got at from Right Usage. In accordance with this explanation, however, the right reading would be — ‘yaḥ elaih sevyate tam dharmam nibodhata.’

 

Explanatory notes by Ganganath Jha:

‘Hṛdayenābhyanujñātaḥ’ — The term ‘hṛdaya’ stands for the heart — conscience. The phrase stands for what is spoken of later on, in verse 6 below, as ‘ātmanastuṣṭih’ Medhātithi has suggested that ‘hṛdaya’ may stand for the Veda.

Medhātithi (p. 48. l. 15). ‘Mīmāṃsātaḥ’ — This refers to Mīmāṃsāta Sūtra I. i — 2 ‘Chodanālakṣaṇo'artho dharmaḥ.’

This verse has been quoted in the Parāśaramādhava (Ācāra, p. 80), in corroboration of the definition of Dharma provided by Viśvāmitra, that ‘Dharma is that which when done is praised by good men learned in the scriptures.’ From this it follows that according to this writer ‘hṛdayenāvhyanujñātaḥ’ means the samething as ‘Yam āryāḥ praśaṃsanti’ in Viśvāmitra’s definition. — It is quoted in Hemādri (Vrata, p. 10), which explains hṛdayenābhyanujñātaḥ as ‘which is definitely known in the mind, for certain,’ find ‘adveṣarāgibhiḥ’ as ‘persons free from improper love and hate — in the Vīramitrodaya (Paribhāṣā, p. 80), which adds the following notes — This verse supplies a definition of Dharma in general. ‘Vidvadbhiḥ’ those conversant with what is contained in the Veda; — ‘Sadbhiḥ,’ those who have the right knowledge of things; — these two qualifications are meant to indicate that ‘Dharma’ is rightly known by means of the Veda; — ‘adveṣarāgibhiḥ,’ free from such love and hate as are conducive to evil this is meant to indicate that Dharma is that which is not conducive to any undesirable effects; — ‘ hṛdayenabhyanujñātaḥ indicates that Dharma is conducive to all that is good; as it is only the good to which men’s minds are attracted: — thus then the complete definition of Dharma, as indicated by the text, is that it is that which, not being conducive to any evil effects, is known through the Veda as conducive to good. The three qualifications serve the purpose of excluding such acts as the performance of the Śyena sacrifice. — This definition of ‘Dharma,’ ‘Right,’ also implies that of ‘Adharma,’ ‘Wrong,’ as that which is known through the Veda as conducive to evil.’

This is quoted in the Smṛticandrikā (Saṃskāra, p. 13); and in the Nṛsiṃhaprasāda (Saṃskāra, p. 156).

 

Comparative notes by various authors:

Vaśiṣṭha, Dharmaśāstra — ‘Dharma is that which is enjoined in Śruti and Smṛti.’

Jaimini, Mīmāṃsā-Sūtra, 1.1.2. — ‘Dharma is that which is described in the Veda as conducive to good.’

Kaṇāda, Vaiśeṣika-Sūtra, 1.2.2. — ‘That is Dharma which brings about prosperity and the highest good.’

Āpastamba, Dharma-Sūtra, 1.20.7. — ‘That the doing whereof gentlemen praise is Dharma, and that which they deprecate is Adharma.’

Kumārila, Ślokavārtika, 2.14. — ‘The fact of these acts being conducive to good is, in every case, learnt from the Veda; and in this sense are they regarded as Dharma; and for this reason Dharma is not perceptible by the senses.’

Viśvāmitra (quoted in Parāśaramādhava, p. 80). — ‘That the doing of which men learned in the scriptures praise is Dharma; that which they deprecate is called Adharma.’

Under all these definitions ‘Dharma’ is the name of the ‘meritorious act’; but the term has also been used in the sense of the merit acquired by the doing of the act.

Nyāya view (quoted in Vīramitrodaya-Paribhāṣā, p.29). — ‘Dharma is that quality of man which is brought about by the performance of the enjoined act: Adharma is that quality of man which is brought about by the performance of the forbidden act.’

 

 

VERSE 2.2 [Selfishness Deprecated]

Section II - Selfishness Deprecated

 

कामात्मता न प्रशस्ता न चैवैहास्त्यकामता ।
काम्यो हि वेदाधिगमः कर्मयोगश्च वैदिकः ॥२॥

kāmātmatā na praśastā na caivaihāstyakāmatā |
kāmyo hi vedādhigamaḥ karmayogaśca vaidikaḥ ||2||

 

It is not right to be absorbed in desires — “But there is in this world, no absolute absence of desire; for the study of the Vedas itself is prompted by desire, as also every act prescribed in the Veda.” — (2)

 

Medhātithi’s commentary (manubhāṣya):

The man for whom desire for reward forms the sole motive to act is said to be ‘absorbed in desires’; and it is this character that is expressed by the abstract noun; the term ‘ātman’ in this compound denoting preponderance.

‘It is not right?,’ — i.e., it is deprecated.

[An objection is raised] — “This deprecation leads us to infer that the said absorption in desires is prohibited. — This means that the text contains the prohibition of all such sacrifices as the Saurya and the like, which are performed with a desire for a definite reward. Or, why should we specify the Saurya and other sacrifices? All performance of actions is for the accomplishment of a desirable end; no one acts simply for the accomplishing of the act itself; in fact there is no action without results. As for the assertion (contained in 4.63) that ‘one should not act aimlessly’ [which might be taken to imply that there are aimless actions, such as] pouring libations on extinguished fire, or seeking for information regarding what is happening to kings and places of other countries, — in reality, in these cases also there is some result following from the act; and all that is meant by calling them ‘aimless’ is that they do not bring about any important results, in the shape of attainment of Heaven, acquisition of village-property and so forth, which are useful to men in the invisible and visible spheres. It might be argued that — ‘It may be that the action brings about a reward; what is meant is that the man should have no desire for that reward; even though, in the very nature of things, the reward will follow.’ Even so the Saurya and other sacrifices would be without rewards; that alone is regarded as ‘reward’ which is actually desired; so that there could be no ‘reward’ for one who has no desires. In the ordinary world, we do not find any such activity as is absolutely independent of a desire for reward. Nor have we any such Vedic declaration as that ‘in connection with Vedic actions alone there should be no desire for reward.’ On the contrary, all Vedic acts have been prescribed as bringing definite rewards; so that if desire for rewards is interdicted, it would mean that the acts would not be done; and this would militate against the spirit of the Vedas. As regards the compulsory acts (prescribed in the Veda), there is no possibility of rewards in their case. Then again, since the prohibition in the text is a general one (and not restricted to Vedic acts only), it would lead to the cessation of all ordinary activity of the world, and would thus run counter to visible practice also, and it comes to this that no one should do anything, all should sit silent.”

To the above objection we make the following reply: —

(1) It has been argued that the Text implies the prohibition of the Saurya and such other sacrifices, which are admittedly prompted by desire for rewards; as regards this, the author is himself going to say (in Verso 5) that ‘the man fulfils the desires he may have entertained’; if he had meant to prohibit (by the present verse) such acts, how could there be any ‘entertainment’ or ‘fulfilment’ of desires?

(2) The second point urged is that, since the text does not specify Vedic acts alone, the interdict would apply to ordinary actions also. But the required specification has already been made by the text (in the preceding verse), where it says — ‘Learn that Dharma’; which shows that it is Dharma (and not the ordinary activity of the world) that forms the subject-matter of the present discourse.

(3) The third point raised is that — “in as much as no rewards are mentioned in connection with the compulsory acts, there can be no possibility of any desire for rewards in the case of these; so that no useful purpose could be served by the prohibiting of such desires.” —

Now in answer to this we make the following observations: —

(a) By reason of no rewards being spoken of, no one would ever undertake the performance of any compulsory act, unless he were a person thoroughly conversant with the scriptures (and hence realising the importance of compulsory duties):

and (b) in the case of the Saurya and such other acts as have rewards mentioned in connection with them, finding that men are prompted to their performance by desire for those rewards, people might be led to the generalisation that whatever one is to do should be done with the desire for a definite reward; and thus come to undertake the performance of the compulsory acts also only through a desire for reward, oven though no such reward has been spoken of in the scriptures.

And it is with a view to preclude these possibilities that the text lays down the interdict. Though the general rule is that —

(a) an act which is mentioned as leading to a definite result can only be performed with a view to that result,

(b) while that which is laid down in the scriptures as not bringing any reward, and in connection with which one cannot assume a reward according to the principle enunciated in relation to the Viśvajit -sacrifice [Pūrvamīmāmsā-Sūtra, 4.3. 15-16; that where no reward is mentioned, the attainment of heaven should be regarded as the reward], can never be performed otherwise (than in the purely disinterested manner), — yet there may be persons who are conversant with this principle; and it is to these persons that the text addresses the exhortation; specially as it would be rather difficult to carry conviction to such persons by mere reasoning; and the requisite knowledge is conveyed in a simpler and easier manner by means of direct advice.

It is for this reason that the author has, in a friendly spirit, conveyed a teaching which is thoroughly established by proofs.

Though the word ‘Kama’ is generally found to be used in the sense of sexual desire, yet, since in the present context that sense is not applicable, it has to be taken as synonymous with ‘icchā’ (Desire) and ‘abhilāṣa,’ (Longing). So that in view of what follows, the meaning of the text comes to be that ‘one should not undertake the performance of all acts simply with a desire for reward.’

The opponent, taking the ‘absorption in desires’ to mean mere presence of desire in general, urges the following objection: —

“But there is in this world, no absolute absence of desires; that is, as a matter of fact, in this world, there is no activity for one who is entirely without desire. To say nothing of such acts as cultivation of land, trade and the like, which are done by men of experience, — even the ‘study of the Veda,’ the learning of the Veda, which the boy is made to do by his father and others, being even chastised by them, even this is not possible without some desire; reading consists in the uttering of words; and utterance never proceeds, like the sound of thunder, without desire. — ‘Well, if the Boy desires to read, why is he beaten?’ — It is by beating that his desire is aroused; the only difference is that in connection with things that the person likes, the desire arises of itself (and does not need an incentive in the shape of the beating). — Similarly ‘the acts prescribed in the Veda,’ — as compulsory in connection with the Darśapūrṇa nāṣa and other sacrifices are not possible without desire. There is no possibility of a man giving away to Deities things that belong to himself, unless there is a desire in him for doing so. Hence the prohibition of ‘absorption in desires’ becomes an interdict upon all acts prescribed in the Veda and iu the Smṛtis.” — (3)

 

Explanatory notes by Ganganath Jha:

Much ingenuity has again been displayed to show that verses 2 — 5 are a ‘later interpolation.’ Burnell remarks that it must be so, because ‘in the old Vedic religion, all ceremonies and sacrifices were avowedly performed in order to gain desired objects of various kinds.’ He evidently forgot that what is expounded by Manu is not exactly what the writer speaks of as ‘the old Vedic religion.’

‘Na praśastā’ — Because leading to new births, and obstructing Final Release.

Medhātithi, (p. 50, 1. 27) — Viśvajit-nyāya — see Mīmāṃsā Sūtra 4.3.15 — 16.

 

Comparative notes by various authors:

Bhagavadgītā, 3.5. — ‘Apart from action done for sacrifice, all action tends to the bondage of men.’

Bhagavadgītā, 5. — ‘Renouncing the fruit of the act, if one engages himself in it with a concentrated mind, he attains eternal peace; doing it without concentration, and drawn by desire to the fruit of the act, he becomes bound.’

Ibid, 6.27. — ‘If one performs an act as a duty, without any regard for its fruit, etc.’

Ibid, 9.20. — ‘Men learned in the three Vedas, drinking Soma, having their sins washed off, perform sacrifices and seek to go to heaven; having reached the sacred regions of Indra, they enjoy, in heaven, pleasures fit for the gods.’

Sūtasaṃhitā, 3.4. — ‘It is only the unfortunate people who, imbued with due faith, betake themselves to acts prescribed as leading to certain desirable results; those are extremely fortunate who engage themselves only in those daily and occasional acts that are obligatory; for these latter liberation is obtained without effort; doing with due faith, as they do, every act simply because it is enjoined by the scriptures.’

Āpastaṃba, Dharmasūtra, 1.20.1-2. — ‘One should not do his duties with the view to attain worldly ends; — those that bring no fruits are conducive to good.’

Ibid, 1.21-5. — ‘Having fully comprehended the nature of acts, one should undertake that which he likes.’

 

 

VERSE 2.3 [Pūrvapakṣa continued]

Section II - Selfishness Deprecated

 

सङ्कल्पमूलः कामो वै यज्ञाः सङ्कल्पसम्भवाः ।
व्रतानि यमधर्माश्च सर्वे सङ्कल्पजाः स्मृताः ॥३॥

saṅkalpamūlaḥ kāmo vai yajñāḥ saṅkalpasambhavāḥ |
vratāni yamadharmāśca sarve saṅkalpajāḥ smṛtāḥ ||3||

 

Desire has its root in Thought; Sacrifices proceed from Thought; Vows and Restraints — all these have been described as originating in Thought. — (3)

 

Medhātithi’s commentary (manubhāṣya):

Thought is the root of sacrifice and other acts, as also of desire; when a man is going to perform a sacrifice, or any act, he must think of it: and when the thinking has been done, there must follow, from the said Thinking, Desire, — however undesirable this latter may be; for instance, when a man, going to cook, lights fire, there arises, from the fire, the undesirable smoke also. Thus it is impossible that sacrifices should be performed and there should be no desire at all.

Question. — “What is this Thought, which is the root of all action?”

Answer. — We explain it as follows: — Thought is that function of the mind which precedes Desire and Resolution; all these three are functions of the mind, and they are at the root of all activity. As a matter of fact, no physical activity is possible without Thought. What happens in the case of all activity is that — (a) first of all we have the Thought or Idea of the exact nature of a thing, and what is meant by ‘Thought,’ in the present context is the cognition that one h as of a certain thing as capable of accomplishing a definite desirable purpose; — (b) after this follows a longing, a wish; and this is ‘desire’; — (c) after the desire has arisen in the form ‘how may I obtain it,’ the man resolves, determines, that he shall act (towards the obtaining of the thing); and this is ‘Resolution.’ It is only after these three mental operations have been gone through that the man proceeds to that external activity which would accomplish the desired end. For instance, when a man is hungry, (a) he thinks of — has the idea of — the action of eating, — (b) then he desires ‘may I eat,’ — (c) then comes the resolution ‘I shall desist from all other activity and take to eating,’ — (d) then he says to the persons in charge of the place where the act of eating is to be done — ‘make ready,’ ‘set the kitchen going.’ [ Objection ] — “If this is so, then Sacrifices and other acts do not proceed from mere Thought, but from Thought, Longing and Resolution; then why is it said that Sacrifices proceed from Thought?”

[ Answer ] — There is no force in this objection, since Thought is the prime cause. It is in view of this that the author is going to assert (in the next verse) that ‘there is no action done by one who is entirely without desires.’

Votes — A ‘vow’ consists in a mental resolve, in the form ‘this shall be done by me as long as I live’; to this class belong the vows of the Snātaka.

Restraints — are negative in their character, — such as desisting from, killing and so forth.

[The meaning of all this is that] without thought there is neither activity towards what ought to be done, nor desisting from what is prohibited and ought not to be done.” — (3)

 

Explanatory notes by Ganganath Jha:

‘Saṅkalpamūlaḥ kārnaḥ’ — Nandana explains this as — ‘The desire for rewards is the root of the will to act.’

‘Vratāni’ — The term stands for all those duties that one makes up his mind to perform all through life, — according to Medhātithi, Govindarāja and Nārāyaṇa; — ‘the vow of the Religious Student’ — according to Nandana.

‘Yamadharmāḥ’ — ‘The prohibitive rules’ (Medhātithi, Govindarāja and Nārāyaṇa); — ‘the rules pertaining to the Recluse and the Renunciate’ (Nandana).

 

Comparative notes by various authors:

Yājñavalkya, 1.7 . — ‘ The desire that has its source in proper reflection is the source of Dharma.’

Āpastaṃba, Dharmasūtra, 1.5. — ‘They teach that whatever one determines and thinks of with the mind, or speaks of with speech, or sees with the eyes, — he becomes that same.’

Bhagavadgītā — ‘Desires have their source in the will,’

 

 

VERSE 2.4 [Pūrvapakṣa concluded]

Section II - Selfishness Deprecated

 

अकामस्य क्रिया का चिद् दृश्यते नैह कर्हि चित् ।
यद् यद् हि कुरुते किं चित् तत् तत् कामस्य चेष्टितम् ॥४॥

akāmasya kriyā kā cid dṛśyate naiha karhi cit |
yad yad hi kurute kiṃ cit tat tat kāmasya ceṣṭitam ||4||

 

No action is ever found in this world to be done by a man entirely without desires; whatever a man does is. the outcome of desire. — (4)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has described the fact that such activity and cessation from activity as are laid down in the scriptures are dependent upon knowledge; and the present verse speaks of similar dependence in the case of ordinary acts of the world; this is the difference between the two verses.

‘Iha’ means ‘in this world’; — ‘Karhichit’ means ‘ever,’ ‘at any time.’ During the waking state, action is ever found in this world to be done by any person who is without desire for performing that action.

Whatever act, scriptural or temporal, — the permitted or the prohibited — is done is the outcome of desire. Since desire is the cause of all activity, every act is called the ‘outcome of desire.’

Thus the position becomes extremely difficult: ‘It is not right to be absorbed in desires’ (as declared in Verse 2), and yet there is no activity without desire. — (4)

 

Comparative notes by various authors:

Āpastaṃba, Dharmasūtra, 1.2.7. — ‘Having fully understood the nature of actions, one should perform that which he wishes.’

 

 

VERSE 2.5 [Answer to the above Pūrvapakṣa]

Section II - Selfishness Deprecated

 

तेषु सम्यग् वर्तमानो गच्छत्यमरलोकताम् ।
यथा सङ्कल्पितांश्चैह सर्वान् कामान् समश्नुते ॥५॥

teṣu samyag vartamāno gacchatyamaralokatām |
yathā saṅkalpitāṃścaiha sarvān kāmān samaśnute ||5||

 

Behaving in the right manner, in regard to these (desires), a man attains the position of Immortals; and even in this world he obtains all the desires that he may have thought of. — (5)

 

Medhātithi’s commentary (manubhāṣya):

To the above Pūrvapakṣa, the Author replies in this verse.

[What is meant is that] one should behave in the right manner in regard to these — desires.

“What is this right behaviour?”

It consists in doing an act exactly in the manner in which it is found mentioned in the scriptures. That is, in regard to the compulsory acts one should not think of rewards at all, for the simple reason that no rewards have been mentioned in connection with them; while in regard to the voluntary acts, there is no prohibition of thinking of rewards, for the simple reason that these acts are actually mentioned as bringing definite rewards; in fact what we know of these acts from the scriptural injunctions is that they are the means of obtaining certain rewards; so that the performance of these by a man who has no desire for those rewards would be doing something that is not enjoined in the scriptures at all. As regards the compulsory acts however, to think of rewards would be a pure mistake; for when the acts have not been prescribed as leading to any results, no results could proceed from them by merely the man’s seeking for them.

By doing so [ i.e., by behaving rightly in regard to desires] one goes to — attains — the position of Immortals. ‘Immortals’ are the Gods; their ‘position’ is Heaven; and by reason of the Gods residing in Heaven, the term ‘position’ is applied to the gods themselves, the position being identified with the occupier of the position; just as we have in the expression ‘the elevated sheds are shouting’ [where the ‘sheds’ stand for the men occupying them]. Hence the compound ‘Amaraloka’ is to be expounded as a Karmadhāraya — ‘the immortal positions’; and with the abstract affix ‘tat' we have the form ‘amaralokatā’ So the meaning is that ‘he obtains the character of a divine being,’ ‘he attains divinity.’ The author has made use of this expression in view of metrical exigencies.

Or, the compound ‘amaralokatā’ may he explained as one who sees — ‘lokayati’ — the gods — ‘amarān’; the term ‘loka’ being derived from the root ‘loka’ with the passive affix ‘aṇ’ (according to Pāṇini 3.2.1); and then the abstract affix tal added to it; so that the meaning is that ‘he becomes capable of seeing the Gods’; and this also means that he attains heaven.

Or again, the expression may mean that ‘he is looked upon as a God’ — ‘amara iva lokyate’ — among men.

This whole passage is mere declamatory Arthavāda; and if does not lay down Heaven as the result actually following from the action spoken of; because as a matter of fact, the compulsory acts do not lead to any results at all, while the voluntary acts are prescribed as leading to diverse results. So that what the ‘attaining of heaven’ spoken of in the text means is the due fulfilment of what is enjoined in the scriptures; which is only an indirect way of saying that ‘that particular end is attained with a view to which the action was done.’ Thus in the case of the compulsory acts, the end in view would be either the avoiding of the sin (that might be incurred by the omission of the act), or the due fulfilment of what has been enjoined in the scriptures; and in the case of the voluntary acts, the end is the attaining of rewards thought of, i.e., those contemplated as mentioned in the scriptures; when a man is going to perform an act, he thinks, in his mind, of that reward which has been mentioned in the scriptures as following from that act; having thought of that reward, he has a desire for it — ‘May I obtain this reward by the doing of this act’; and then he obtains all those desires — i.e., the desirable things.

In the manner above described we have set aside the difficulty (that had been set up by the Pūrvapakṣa); for what the text prohibits is not the desire for each and everything, but the entertaining of desires only in connection with the compulsory acts; and in regard to these also there must be desire for the obtaining of things necessary for the due performance of them.

The Brahmavādins (Vedāntins) however regard the words ‘it is not right to be absorbed in desires’ as a prohibition of the Saurya and all such other acts as are laid down as bringing rewards; and their reason is that all actions done with a view to rewards become setters of bondage; and it is only when an act is done without any thought of rewards — doing it simply as an offering to Brahman — that the man becomes released. This is what the revered Kṛṣṇa-Dvaipāyana has declared in the words (a) ‘May there be no action done with a view to rewards’ (Bhagavadgītā, 2.47), — and again, ‘The perform nce of an act becomes vitiated, (a) by the incompleteness of accessories, (b) by the illiteracy of the performer, and (c) by the thought of rewards.’

Various explanations have been offered of the present verse; but we have omitted them because they are of no importance.

 

Comparative notes by various authors:

Vaśiṣṭha, Smṛti, 1-2. — ‘The righteous man who acts with full knowledge is highly praised among men and after death, attains heavenly regions.’

Āpastaṃba, Dharmasūtra, 1.5.2-9. — ‘When the religious student acts with concentrated mind, then alone are his aots fruitful.’

Ibid, 2.2.2. — ‘For all castes, the highest happiness is attained only when they are engaged only in their own duties.’ Ibid, 2.23.7. — ‘Thus alone are all desires fulfilled.’

Ibid, 2.23-12. — ‘They win Heaven till the very dissolution.’

Gautama, Dharmasūtra, 11-31. — ‘Men of all castes and in all life-stages, adhering to their own duties, on death, enjoy the fruits of their acts, and then become born in a pleasant country, and in families of high castes, excellent learning, character and intelligence.’

Gautama, 27-54. — ‘One who knows his duty wins by his knowledge and adherence, the heavenly regions.’

Baudhāyana, Dharmasūtra, 1.3.13. — ‘In this manner great sages attain the highest position of Prajāpati.’

 

 

VERSE 2.6 [Sources of Knowledge of Dharma]

Section III - Sources of Knowledge of Dharma

 

वेदोऽखिलो धर्ममूलं स्मृतिशीले च तद्विदाम् ।
आचारश्चैव साधूनामात्मनस्तुष्टिरेव च ॥६॥

vedo'khilo dharmamūlaṃ smṛtiśīle ca tadvidām |
ācāraścaiva sādhūnāmātmanastuṣṭireva ca ||6||

 

The entire Veda is the root-source of Dharma; also the Conscientious Recollection of righteous persons versed in the Veda, the Practice of Good (and learned) Men, and their self-satisfaction. — (6)

 

Medhātithi’s commentary (manubhāṣya):

[The opponent raises an initial objection] —

“What is the relevanoy of what is stated in this verse? It is Dharma that has been declared as the subject to be described; and Dharma can be described only by means of Injunctions and Prohibitions. Now as regards the fact of the Veda being the source of Dharma, this cannot form the subject of any injunction such as ‘the Veda should be known as the source of Dharma, as the authoritative means of ascertaining Dharma because this fact can be known without its being enjoined in so many words; certainly the fact of the Veda being the source of Dharma does not stand in need of being notified by any injunctions of such writers as Manu and others; in fact the authoritativeness of the Veda regarding matters relating, to Dharma is as self-evident as that of Direct Perception, — being based upon the facts that (1) it brings about cognitions that are never sublated, (2) that it is not the work of any person, and as such it is entirely free of any suspicion of falsity that might be due to the defects of such authors, and (3) that the words of the Veda itself are free from all defects.

“It might be argued that — ‘what the text does is to refer to the well-established fact of the Veda being authoritative, with a view to indicate that the Smṛtis of Manu and others are based upon the Veda.’

“But this explanation cannot be accepted. For this fact also does not need to be stated; as (l) every Smṛti, by its very nature, must, be dependent upon a previous cognition, (2) the chances of mistake in the Smṛtis are precluded by the fact of their being accepted by great men, (3) the super-sensuous things spoken of in the Smṛtis could not be known to M anu and others (by any ordinary means of knowledge), and (4) every man knows it from his own experience that there is “recollection” of things taught in the Veda; so that the only possible view that could be entertained regarding the Smṛtis is that they are based upon the Veda [which, therefore, need not have been re-iterated in the Text]. Further, persons who know the Veda cannot stand in need of any Smṛti for learning what they should do; and lastly, when the Veda itself is the source of Dharma, there can be no need for postulating any other sources (in the shape of Smṛti, etc.).

“Nor is it right to assert that ‘the conscientious recollection of persons versed in the Veda is also merely referred to for the purpose of pointing out the unauthoritative character of the heterodox Smṛtis’; because the unauthoritative character of these latter is already well established by reasoning. For such heterodox people as the Śākya, the Bhojaka, the Kṣapaṇaka and the rest, there is no possibility of any knowledge of the Veda, by virtue of which they might be regarded as authoritative on matters treated of in their Smṛtis; because in the first place they do not admit any connection with the Veda; secondly, they openly declare that the Veda is hot authoritative; thirdly, they contain teachings directly opposed to the Veda; and lastly, these Smṛtis clearly prohibit the study of the Veda. If Buddha and others had been students of the Veda, then alone could there be any question as to whether or not their Smṛtis are based upon the Veda. When however, as a matter of fact, any connection with the Veda is not even remotely possible, how could there be any possibility of these being based upon the Veda? On the contrary, these writers themselves put forward an entirely different basis for their codes, — in the form of tradition (handed down through a series of several Buddhas); as for example, in the following words: ‘with my divine eyes I perceive the good and bad conditions of Bhikṣus.’ Exactly in the same manner, all such heterodox people as the Bhojaka, the Pañcarātra, the Nirgrantha, the Anarthavāda, the Pāśupata and the rest hold that their scriptures are the works of gifted personalities, particular deities, capable of directly perceiving the subjects dealt with by them; and they do not admit that Dharma has its source in the Veda; in fact their scriptures contain teachings directly opposed to the Veda; e.g., some of these people, holding that death frees the living being from the troubles of living, hold all Killing to be meritorious; and this (reckless) killing is distinctly prohibited in the Veda; similarly, others hold Bathing at sacred places to be sinful, while the Veda directly enjoins daily bathing and living at sacred places; so again, according to some people, the killing of animals at the Agniṣṭoma sacrifice is sinful; and this is against the Vedic injunction laying down the performing of that sacrifice; — lastly, some people hold that all such acts as the offering of libations and sacrifices are entirely selfish, while according to the Veda, which prescribes various deities in connection with the said acts, they are performed for the sake of these several deities. So that there is distinct disagreement between the Veda and the said heterodox scriptures.

“Some people have argued as follows: —

‘In the Veda also we find contradictory assertions e.g., one passage lays down the holding (of the Śodaśī-vessel, at the Atirātra sacrifice), while another says it should not be held; similarly one passage prescribes the time after Sunrise as best suited to the pouring of libations, while another lays down the time before Sunrise; so that it is quite possible that in the Veda itself — either in its lost Rescensions or even in such Rescensions as are not completely lost — there may be found injunctions contrary to a certain Vedic injunction [and these contrary Vedic passages would form the basis for the non-Vedic teachings of the heterodox Smṛtis ]. The number of Vedic Rescensions is endless; how could all of them be known to any one person? And it is quite possible that some of them might have become lost. So that it is quite possible that there may be some such Vedic Rescensional text as contains direct injunctions of such acts as Eating in a vessel made of human bones, remaining naked-skinned and so forth (which have been prescribed in some heterodox scriptures).’

“Our answer to the above is as follows: — We do not deny the possibility of mutually contradictory teachings being found in the Veda; what we mean is that in all such cases (where both the injunctions are equally directly perceived), both injunctions stand upon the same footing, and consequently the two acts are regarded as optional alternatives. In the case in question however (i.e., when the teaching of a heterodox scripture is found to contradict the direct teaching of the Veda), the Vedic text (in support of the heterodox teaching) could only be assumed; but there can be no occasion for the assumption of a text directly contradictory to one that is directly perceived. The mere possibility of a Vedic text (in support of the heterodox teaching) cannot lead to any certainty regarding its actual existence; while the Vedic injunction to the contrary is directly perceptible and certain; and certainly a certain text can never be sublated by an uncertain one. As for the theory of ‘lost Rescensions,’ we shall deal with it in detail later on, in our comments on this same verse. As regards the (orthodox) Smṛtis of Manu and others, their relationship to directly perceptible Vedic texts is quite patent; in some cases they are related to the Vedic mantras, in others to the Vedic deities, and in others again with substances and other details. No such relationship is possible in the case of the heterodox Smṛtis; hence no authority can ever belong to them (for the purpose of re-iterating which fact there could be a reference to the ‘Recollection of persons versed in the Veda.’)

“As regards Practice, — that which consists in what is actually done, with a view to invisible results, by persons learned iu the Veda, — its authoritative character is exactly like that of Recollection (Smṛti); because that also has its basis in the Veda. On the other hand, wrong Practice is generally based upon visible causes (of greed, &c.), and unlearned persons are apt to commit mistakes; hence it can not have any authority at all.

“Similarly with Self-satisfaction.

“If again the authority of the Veda, of Recollection and of Practice were dependent upon the teachings of Manu and others (in the shape of the present verse), on what would the authority of these latter rest? If on other teachings — such as ‘the Smārta Dharma has been expounded by Manu,’ — then, whence the authority of these latter? In fact, the ultimate criterion as to what is authoritative and what is not authoritative, would be a purely logical one, and it would not consist in any teaching at all. So that the present verse is absolutely useless; and so also other similar verses that follow.”

Our answer to the above objection is as follows: —

The authors of treatises on Dharma proceed to compose their works for the expounding of their subject for the benefit of such persons as are not learned (in the Vedas). Hence it is that having themselves learnt from the Veda that the Aṣṭakā and such other acts should be performed, they incorporate in their own work the injunctions of these acts, for the purpose of conveying the same knowledge to others similarly in the case of such matters as the authoritative character of the Veda [which are known by the Smṛti- writers themselves from the Veda, and yet they proceed to include that information in their work for the edification of persons not equally learned]. As a matter of fact, there are many enquirers who are incapable of ascertaining truth by means of independent reasoning, — not being endowed with an intellect capable of ratiocination; and for the benefit of these persons even a logically established fact is stated by the writers in a friendly spirit. Hence what is herein stated regarding Veda being the source of Dharma is a well-established fact. What the statement ‘Veda is the source of Dharma’ means is that ‘the fact of Veda being the source of Dharma has been ascertained after due consideration, and one should never doubt its authoritative character.’ Even in ordinary experience we find people teaching others facts ascertained by other means of knowledge; e.g. [when the physician teaches] — ‘you should not eat before the food already taken has been digested, for indigestion is the source of disease.’ It cannot be rightly urged that “those who are unable to comprehend, by reasoning, the fact of Veda being the source of Dharma, can not comprehend it through teaching either”; for as a matter of fact we find that when certain persons are known to be ‘trustworthy,’ people accept their word as true, without any further consideration. The whole of the present section therefore is based on purely logical facts, and not on the Veda, in other cases also, — e.g., in the case of Smṛtis dealing with law-suits, &c. — what is propounded is based upon logic, as we shall show later on, as occasion arises. How the performance of the Aṣṭakā, etc., is based upon the Veda we shall show in the present context itself.

The word ‘Veda’ here stands for the Ṛg, Yajuṣ and Sāman, along with their respective Brāhmaṇas; all these are fully distinguished, by students, from all other sentences (and compositions). Learners who have their intellect duly cultured through series of teachings, understand, as soon as a Vedic passage is uttered, that it is Veda, — their recognising of the Veda being as easy as the recognition of a man as a Brāhmaṇa. This word ‘Veda’ is applied to the whole collection of sentences, — beginning with ‘Agnimīle purohitam,’ ‘Agnirvai devānāmvarua,’ and ending with ‘atha mahāvāratam’ (Ṛgveda); as also to the several individual sentences forming part of the said collection; and this application of the word is not direct in the one case and indirect in the other, — as is the case with the word ‘village’ as applied (directly) to the entire group of habitations, and (indirectly) to each individual habitation. In the case of the word ‘village’ the twofold usage is based upon the principle that words denoting the composites are also applicable to the components; the word ‘village’ is known to be used generally in the sense of ‘a group of houses,’ and yet in the case of such expressions as ‘the village is burnt,’ it ìb used in the sense of a few individual houses in the village; as it is when people say ‘the village has been burnt,’ when in reality only a few houses have be in burnt. Or, in this ease also the word ‘village’ may be regarded as used in the sense of the group only; and what happens is that it is the burning, which, though really pertaining to only a portion of that group, is spoken of as pertaining to the entire group as related to the said portion; specially as it is only through its components that a composite can have any connection with an act; in fact the composite’s connection with acts can be none other than that of the components; apart from the components, the composite cannot be either seen or touched.

We now proceed to explain the etymology of the word ‘Veda.’ The ‘Veda’ is that from which people derive their knowledge of Dharma, which cannot be known from any other source of knowledge — [ vidanti asmāṭ iti vedaḥ ]; and this knowledge of Dharma is derived from each individual sentence; hence the name is not restricted to the entire collection of Adhyāyas and Anuvākas that go under the name ‘Ṛgveda.’ It is on this understanding that the penalty of having the tongue cut off is inflicted (upon the Śūdra) when he pronounces a single sentence out of the Veda. On the same principle also is the epithet ‘whole’ found in the injunction that ‘the whole Veda should be studied,’ where it serves to indicate the necessity of studying all the sentences contained in the Veda; otherwise (if the epithet ‘whole’ were not there) the learner would be satisfied with the reading of only a few sentences, and would not read the whole Veda. All this we shall explain in detail in the present work.

This Veda is variously divided. The Sāma Veda is said to have a thousand ‘paths’ (i.e., Rescensions), in the shape of ‘Sātya,’ ‘Mugri,’ ‘Rāṇāyanīya’ and so forth; there are a hundred Rescensions of the Yajurveda, in the shape of ‘Kāṭhaka,’ ‘Vājasaneyaka’ and the rest; there are twenty-one Rescensions of the Ṛgveda; and nine of the Atharva Veda in the shape of ‘Modaka’ ‘Paippalādaka,’ and so forth.

[Objection] —

“No one regards the Atharva as a Veda: (a) ‘The science is three-fold, consisting of the Ṛk, the Yajuṣ and the Sāman,’ (b) ‘The Sun moves forward, endowed with the three Vedas’ (Taittirīya Brāhmaṇa, 3.12.91), (c) ‘One should keep up the observance of studying the three Vedas’; [all these speak of only three Vedas]. In fact we also find a prohibition regarding the Atharva — ‘One should not recite the Atharvaṇas.’ It is in view of all these that people regard the followers of the Atharvaṇa as heretics, beyond the pale of the Vedic Triad.”

[Answer] — This is not right; all good men agree in regarding the Atharvaṇa as a Veda. In this Smṛti itself (11.33) we find the expression ‘śrutīratharvāṅgirasīḥ,’ where the Atharva is spoken of as ‘śruti,’ and ‘śruti’ is the same as ‘Veda.’

Further [whether a certain Veda is called ‘Veda’ or not is of no import]; when certain passages — those prescribing the Agnihotra and other sacrifices, which all people call ‘Veda’ — are regarded as authoritative in matters regarding Dharma, they are so accepted, not because they are called by the name of ‘Veda’; — because the name ‘Veda’ is sometimes applied to Itihāsa and the Āyurveda also, when, for instance, it is said that ‘Itihāsa and Purāṇa are the fifth Veda’ (Chandogya Upaniṣad, 7.1.2), [and yet these are not regarded as authorities on Dharma]; — but because they are independent of human agency, and help to make known our duties, and because they are free from mistakes; and all these conditions are fulfilled by the Atharva: such acts as the Jyotiṣṭoma and the like are prescribed in the Atharva just as they are in the Yajuṣ and the other Vedas. Some people have fallen into the mistake that the Atharva cannot be Veda because it abounds in teachings of acts dealing with malevolent magic (witchcraft). As a matter of fact, malevolent magic, as leading to the death of living beings, is always prohibited.

[It is described, because] it is employed by the priests of kings who are well versed in magical spells; but it is deprecated.

It has been argued above that “the Atharva is not mentioned among Vedas, in such passages as ‘the Sun moves, endowed with the three Vedas.’” — But the passages quoted are merely declamatory (Arthavāda); it is therefore of no consequence whether or not the Atharva is mentioned among them. Or, the passages that speak of ‘three Vedas,’ ‘the triple science,’ and so forth may be taken as referring to the three kinds of mantras; besides the three kinds of mantras found in the Ṛk, Yajuṣ and Sāma Vedas, there is no fourth kind, — the Exhortations, the Invocations, the lowly recited Prayers and the Hymns to Indra, and such other Mantras being all included under these three. In the Atharva Veda also, the mantras mentioned are all of the ‘Ṛk’ class; hence so far as the classification according to the kind of mantra is concerned, it comes under the ‘Ṛgveda.’

As regards the interdict placed upon the study of the Atharva Veda, it indicates a conclusion quite the reverse of that which it has been cited (by the opponent) to prove: A prohibition is possible only of what is otherwise possible [so that the very prohibition proves that the said study was, and should be, prevalent, except under the circumstances referred to in the interdict]. Or, the passage quoted may simply mean that ‘one should not mix up the performance of acts enjoined in the other three Vedas with that of those prescribed in the Atharva Veda; for instance, during the performance of the Vācastoma sacrifices, the reciting of all Ṛk, Sāman and Yajuṣ mantras is enjoined, and the said prohibition precludes the reciting, at this sacrifice, of the mantras occurring in the Atharva Veda.

The above-described Veda — which is a particular kind of literary compilation, not by any human author, which is divided into several ‘Rescensions,’ and known under the name ‘Mantra-Brāhmaṇa’ — is the ‘root’ — i.e., the authority, the means of knowing — ‘of Dharma.’ ‘Root,’ here means cause. The Veda and Smṛti can be a ‘cause’ only in the sense that they serve to make known, — not in that of producing, nor in that helping to stand, which are the two senses in which the ‘root’ is the cause of the Tree.

The term ‘dharma’ we have already explained above; it is that which a man should do, and which is conducive to his welfare, and of a character different from such acts as are amenable to perception and the other ordinary means of knowledge. Land-cultivation, service, &c., also are conducive to man’s welfare; but this fact of their being so beneficial is ascertained by means of positive and negative induction; and as regards the sort of cultivation that brings a good harvest of grains, this is ascertained by direct perception and other ordinary means of knowledge. On the other hand, the fact of sacrifices being conducive to welfare, and the manner in which they are beneficial, through the intervention of the ‘Apūrva,’ — all this is not amenable to perception or other ordinary means of knowledge. ‘Welfare’is that which is, in its most general form, spoken of as ‘pleasure,’ consisting of the attaining what is desirable, in the shape of Heaven, landed property and so forth, and also (b) the avoiding of what is generally spoken of as ‘pain,’ which consists of illness, poverty, unhappiness, Hell and so forth. Others regard the attaining of Supreme Bliss only as ‘welfare.’

This Dharma is learnt from such passages in the Brāhmaṇas as contain the ‘liṅ’ and other injunctive expressions. In some cases we learnt it also from mantras; e.g., from such mantras as ‘Vasantāya kapiñjalān ālabhale,’ ‘offers the Kapiñjala birds to Vasanta’ (Vājasaneyi Samhitā, 24. 20). Among these such passages as contain the word ‘Kāma’ (‘desire’) indicate that the act therein enjoined is to be performed for the purpose of obtaining a definite result; e.g., ‘brahmavarcasakāmaḥ,’ (‘one desirous of acquiring Brahmic glory should offer cooked rice to Sūrya’), ‘Vaiśvadevīm sāṅgrahiṇīṃ nirvapet grāmakāmaḥ’ (‘one desirous of acquiring landed property should offer the Śāṅgrahini to the Viśvedevas’); and the actions thus enjoined are not done by one who is not desirous of obtaining the particular results spoken of. There are other acts which are pointed out as compulsory, by means of such words as ‘yāvajjīvam’ (‘throughout one’s life’) and so forth. These are not performed with a view to any results, — there being no results mentioned as following from them. Nor will it he right to assume, in this case also, a definite result in the shape of Heaven, in accordance with the ‘Viśvajit’ — principle (laid down in the Pūrva-Mimānsā Sūtra 4.3.15-16); because the presence of such words as ‘throughout life’ and so forth already indicates that these are to be performed without any reference to results, and the omission of these acts simply involves the sin of disobeying the scriptural injunction. So that it is with a view to avoid this sin that the acts thus prescribed are performed. This same holds good regarding prohibitions — such as ‘the Brāhmaṇa should not he killed,’ ‘wine should not be drunk’; the avoiding of the prohibited act is not for the purpose of any reward, but simply for the purpose of avoiding something sinful;

‘Entire,’ — whole. That is, there is not a single word, consonant or vowel (of the Veda) that is not conducive to Dharma.

Some people raise the following objection against this: —

“It has been asserted that the Veda consists of injunctions, descriptions, mantras and names, and Dharma is of the nature of what should be done. Now it is only right that the Injunctive passages should be the means of knowing Dharm a; as it is from these that we learn that sacrifice and other acts should he done, — e.g., ‘the Agnihotra should be offered,’ ‘an offering of curds should be made,’ ‘offerings should he made in the morning and in the evening, to Agni and Prajāpati,’ ‘one desirous of attaining Heaven should pour libations into the fire.’ The whole set of these passages points to the particular action of ‘Agnihotra’ as one that should he done; ‘curds’ are the substance to be offered at the same sacrifice, Agni and Prajāpati are the deities to whom the offerings are to be made, — and the ‘desire for heaven’ is the qualifying condition for the performer.

“But in the Veda there are many such passages as — (a) ‘Agni is all the deities, Agni is the divine power of oblations, he invites the Gods and makes offerings to them,’ &c., and again (b) ‘Prajāpati cut out his own fat’ and so forth; and certainly such passages do not lay down anything to be done; all that they do is either to relate some past event or to describe some entirely irrelevant thing. If his own fat was cut out by Prajāpati, let him cut it; what is that to us? Similarly the fact of Agni being all deities does not help in the offerings to Agni; that Agni is the deity to whom the offering should be made having been declared by the word ‘Agni’ itself; if Agni is some other deity, then the mere fact of his being another deity would rule him out as a recipient of that offering. As for inviting, that also is laid down by another passage ‘we invite Agni, O Agni!’ Ac. And lastly, as for the mention of Agni inviting and making offerings to the Gods, this is absolutely meaningless.

“As regards mantras again, there are some, — e.g., (a) ‘There was neither death nor immortality, &.,’ (Ṛgveda, 10.129.2), (b) ‘Sudeva might fall to-day never to return, &c.,’ (Ṛgveda, 10.95.14) and so forth — which either describe some past event or contain a wailing; and what Dharma could such mantras expound? At that time there was neither death, nor immortality, nor life — certainly no living being having been born before creation, there, was no life or death of any one; during the universal dissolution also, there may come about the death of all things, or it may not come about, — it does not teach us anything as to anything to be done. Similarly, Sudeva, a certain highly meritorious godlike man, might to-day fall, i.e., — might throw himself into a pit — never to return — i.e., after which fall he cannot come back to life; — this is how Purūravas, separated from Urvaśī, bewailed.

Similarly as regards Names, — e.g, as ‘one should sacrifice with the Udbhid,’ ‘one should sacrifice with the Balabhid,’ &c., &c., — they do not enjoin any act or substance; the enjoining of the action being done by the verb (‘should sacrifice’), and the word ‘Balabhid’ and ‘Udbhid, &c., not being expressive of any substance; specially as the substance for the sacrifice iu question in the form of Soma — is got at from its archetype by virtue of the direct injunction. [that ‘the ectypal sacrifices are to be performed in the manner of their archetypes,’ and the archetype of the Udbhid sacrifice is the Jyotiṣṭoma at which soma-juice is the substance offered]; and hence there is no necessity for twisting the words ‘udbhid,’ &c., to yield the name of some sacrificial material [such as tree or spade, which may be indicated by the etymology of the word ‘udbhid,’ which means ‘that which shoots out’ or ‘that with which digging is done’]. Thus it is clear that no dharma is indicated by the names. How then can it be said that ‘the entire Veda is the root of dharma?’”

Our answer to the above is as follows: — It is just in view of these doubts that the Author has added the epithet ‘entire’; by which it is meant that all these passages that have been cited by the objector help in providing knowledge of Dharma.

(A) First, as regards Arthavādas, these are not meant to be construed apart from the injunctive passages; it is only if they were so construed that they would fail to help in the knowledge of dharma. As a matter of fact, we find that if the Arthavāda is taken apart by itself, it remains syntactically defective; and this leads us to conclude that they subserve the purposes of the corresponding injunctive passages; being so subservient to these latter, they come to be construed along with them; and hence they have got to be explained in such a manner as to make them fit in with the corresponding injunction. Thus the mention of Prajāpati having cut his fat cannot be taken by itself; it has to be taken as supplementing an injunction; in view of the fact however that the Arthavādas do not denote a substance, a sacrificial accessory, or any such thing as generally forms the direct object of injunction, they are construed differently, as eulogising what is directly enjoined, and thus come to be recognised as supplementing the injunction. This praise of the enjoined thing is also expressed by the Arthavāda; for instance, the sense of the passage in question is this — ‘it is so necessary to perform animal-sacrifices that, at a time when no animals were available, and there was no other remedy, Prajāpati constituted himself into the animal and cut out his own fat.’ That such is the construction to be put upon the Arthavāda is shown by the fact that whenever we have Arthavādas, they always accompany injunctive passages. Thus even though the sense of the injunction is comprehended even without the accompanying Arthavāda, — e.g., in the case of the injunction ‘one should offer the Kapiñjala birds to Vasanta,’ we comprehend the injunction from the sentence itself, — yet the Arthavādas are not absolutely useless; for when the Arthavāda is there, it is not right to deduce the injunction from the injunctive sentence only. The Veda is not the work of any author; we cannot argue (from the analogy of human speeches) that ‘since in one case the injunction has no Arthavāda to help it, it need not have it in another case also’; — the Arthavādas are there, we have to construe them; and what we have shown above is the only right way in which the particular Arthavāda can be construed. Nor is there anything very extraordinary in this; in ordinary practice also, we find eulogistic words accompanying injunctions; for instance, at the time that the master is paying -wages to his servants, some servant says affectionately (in regard to another) — ‘This Devadatta is a good servant, he is always present, knows the occasions of service and is always careful about it.’ Thus we find that Arthavādas also serve the purpose of enjoining, through the eulogising of what is enjoined by the injunction. In fact, in certain cases, details of what is enforced by the injunction are got at from the Arthavāda only; for instance, when the injunction says, ‘wet pebbles are to be put in,’ this injunction stands in need of some wetting substance, such as butter oil, etc.; so that when it is followed by the Arthavāda ‘Butter is glory,’ this praise of Butter leads us to conclude that Butter is the welting substance to be used. Similarly the Arthavāda ‘those who have recourse to these Rātris become respected’serves to point out the qualifying conditions for the performers of the Rātri-satra sacrifice. From all this it is clear that Arthavādas also are ‘the root of Dharma.’

(B) Next as regards Mantras, some of them are directly injunctive; e.g., the Mantra ‘Vasantāya kapiñjalān ālabhate’ (‘offers the Kapiñjala birds to Vasanta’); — in connection with the Āghāra-offering, the deity to whom the offering is to be made is pointed out by the mantra ‘Ita Indra urdhvo’ dhvaraḥ, etc.’ In this case the Deity is not mentioned in the passage that enjoins the offering, nor is it mentioned in any other purely injunctive passage; the particular mantra to be used however is directly enjoined as being the one that begins with ‘Ita Indra’; hence it is from the words of this mantra that we learn the name of the requisite Deity. There are thousand, of such instances where the Deity is indicated by the words of the mantra. Then, there are certain mantras that are only descriptive of what is being done; and these also serve the purpose of making known Dharma by reminding (the persons engaged in the act, of what is to be done); and thus these also become ‘root of Dharma’ by indicating what should be done.

(C) Thirdly, as regards the Names, they are never found apart from verbs, and hence, like verbs, they have their character of being the ‘root of Dharma’ well established, Then again, as a matter of fact, the accessory details of sacrifices are generally enjoined through these names (of sacrifices); e.g., (a) ‘In the Śarat season one should perform the sacrifice,’ (b) ‘one desirous of Kingdom of Heaven should perform the Vajapeya’ [in the former we have the injunction of the time of performance, and in the latter, of the Result, and both are mentioned along with the name of the sacrifice ‘Vājapeya’].

Thus it is proved that the ‘entire Veda’ is the ‘root of Dharma.’

Other people have taken the word ‘entire’ as added with a view to the possible objection that no knowledge of Dharma is provided by the Vedic passages laying down the Shu??a (Śyena?) and such other objectionable acts, or by the Prohibitions — such as ‘one should not eat garlic.’

The objection anticipated by these people is as follows: —

“The Śyena and other sacrifices of the kind are in the form of malevolent spells; and partaking of the character of murder, they are distinctly of the nature of ‘Himsā’ (Injury); and since all form of injury is cruel, and all evil spells have been prohibited, these sacrifices must be ‘Adharma,’ the opposite of ‘Dharma’ (sinful). [And since the Veda lays down such sacrifices] the ‘entir’ Veda cannot be the ‘root of Dharma.’ Por ‘Dharma’ has been explained as ‘what should be done,’ and certainly the killing of the Brāhmaṇa is not ‘what should be done.’ How then can the passages laying down such acts be the ‘root of Dharma’? Further, even the animal-sacrifices — Agniṣomīya and the rest, — involve the killing of animals, and as such are very far removed from the character of ‘Dharma.’ That killing is sinful is admitted by all enquiries. To this end it has been said ‘where the killing of living beings is Dharma, what can be Adharma?’”

Now how is this objection anticipated? It is anticipated (say these other people) by the adding of the epithet ‘entire.’ There is no other use for this epithet.

It might be asked why no reason has been given [by Manu, why and how the entire Veda is the root of Dharma]; but our answer is that this is a work in the form of Precept, and as such states well-established conclusions; and those persons who seek after the ‘why’ and ‘wherefore’ of these conclusions are instructed by Pūrvamīmāmsā.’We have already said that this work is addressed to persons who are prepared to learn tilings from Precept alone.

The author of the Vivaraṇa however puts forward a few arguments also: — It has been argued by the opponent that the Śyena and other such sacrifices, being prohibited, must be ‘adharma’ sinful. This is quite true. But even though these acts are prohibited, yet in certain cases it so happens that some people may have their animosity too strong to allow of their submitting to the general prohibition of killing, — in such other passages has ‘no living beings should be killed,’ — and such persons derive from the Śyena, the pleasure of killing their enemy; and to that small extent, as conducive to this pleasure, the Śyena may be regarded as ‘dharma’; so that the passage prescribing the Śyena does not cease to be the ‘source of Dharma.’ Secondly, as for prohibitions, it is only a person who is moved by passion to do the killing that is guided by the prohibition; and the acting up to the prohibition only consists in not doing what is prohibited [and this desisting from the prohibited act is meritorious, Dharma ] Thirdly, the prohibition of killing does not apply to the killing that is done in course of the and other such offerings; and what is prohibited by the general prohibition of killing is only that killing in ordinary practice which is done through malice. That killing, on the other hand, which is distinctly enjoined and has scriptural sanction, can never form the subject of prohibition; specially as the prohibition has its use in connection with ordinary killing. Nor is it possible to deduce the sinfulness of the scriptural killing, on the analogy of ordinary killing, from the general proposition that ‘all killing is sinful.’ Because what makes the killing sinful is not merely its character of ‘killing,’ but also the fact of its being prohibited; and we have already pointed out that the prohibition does not apply to the scriptural killing.

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Some people explain the word ‘mūla,’ ‘root’ to mean cause; — the meaning being that ‘of Dharma Veda is the root, — the basis, the cause — either directly or indirectly.’ It is the ‘direct cause of Dharma’ in such passages as ‘one should study the Veda,’ ‘one should get up the Ṛgveda, etc.’; and it is the ‘indirect cause’ when it points out the detailed form of the Agnihotra and such other acts.

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‘Smṛtiśīle ca tadvidān’ — ‘Conscientious Recollection of persons versed in the Veda’; — ‘Smṛti,’ ‘Recollection’ is the idea that one has of what has been apprehended before. — The pronoun. ‘tat’ (in the compound ‘tadvidām’) stands for the Veda; and those who know the Veda are called ‘Vedavidaḥ,’ ‘versed in the Veda.’ The meaning thus is that another ‘authority’ (means of knowing) for Dharma. consists in the idea, ‘this should be done, that should not be done,’ entertained by people learned in the Veda.

“It has been held that Recollection is not a reliable means of knowledge; and the reason for this that is given is that Recollection only serves to recall what has been apprehended by other means of knowledge, and does not lead to the apprehension of anything new.”

This is true; for the persons to whom the recollection belongs, it is the original means of knowledge — Trustworthy Assertion or Perception, etc. — that constitutes the reliable source of knowledge; and one’s own Recollection is not a reliable source of knowledge for himself. But for us (ordinary mortals), it is the Recollection of Manu and such other persons that forms a reliable source of knowledge; we have no other means, except the said Recollection, for knowing that the Aṣṭakā and such other acts should be done. That the Recollection of Manu, etc., was actually in a certain form, we learn from the assertions made by themselves that have come down to us through a long line of tradition. And from this Recollection we come to the conclusion that the subject-matter of them was actually apprehended by Manu, etc., by the ordinary means of knowledge; and this is indicated by the fact of the Recollection being there, and no.Recollection being possible without previous apprehension.

“It is quite possible that Manu and others have compiled their ‘Recollections’ from imagination, without having actually apprehended what they speak of; in the same manner as certain poets compose a story after having created the whole plot from imagination.”

The answer to this is as follows: — This might be so, if the works under consideration did not contain teachings regarding what ‘should he done.’ Teachings regarding what should he done are meant to lead to the performance of those acts; and certainly no ìational person can ever perform what is taught on an imaginary basis.

“But people might he led to perform it by mistake.”

One man might fall into such a mistake; that the entire world has fallen into a mistake, and this mistake has persisted ever since the beginning of creation, — this would certainly be a most extraordinary presumption. And when it is quite possible that the assertions of Manu, etc., are based upon the Veda, there is no room for the assumption that in following them.people have fallen into a mistake. We also do not admit that Manu and others directly perceived the Dharmas; because ‘Perception’ is that cognition which follows when the sense-organs are in contact with the objects cognised; and certainly no such contact with the sense-organs is possible for Dharma, for the simple reason that it is what should be done, and what should be done is not an accomplished entity, and it is only an accomplished entity that comes into contact with anything. It is true that (though perception does not apprehend non-existent things) Inference and the other means of cognition do bring about the apprehension of things not existent at the time, — e.g., when people see a line of ants moving along with their eggs, they infer the coming rain; but even these latter means of cognition do not provide any knowledge of what should be done.

All this leads, us to conclude that, in as much as the Recollection pertains to what should be done, it must have a source that is similar to itself; and such source can be the Veda only. The Veda that we thus infer (to be the source of the Recollections) must have been directly perceived by Manu and others and the Vedic texts in which the Dharmas laid down in the Smṛtis were originally prescribed (and which we do not find in the Vedas now) must have been contained in such Rescensions as have been lost.

On this point, the following alternative views suggest themselves as possible: —

(a) The Rescensions may be one or several; and it is inferred that from among these some contain the injunction of the Aṣṭakā and some that of others. (b) Or, it may be that all the Rescensions are available even at the present day; but the details of the Dharmas are scattered about among them; so that while one Rescension contains the originative injunction of the Aṣṭakā, another contains the injunction of the substance to be used at it, a third enjoins the Deity, and yet another lays down the Mantra; and what Manu and other compilers have done is to bring together in one place all these scattered details, with a view to make them more easily understood. (c) Or, that the Dharmas in question have their origin only in the indications of Mantras and Arthavādas. (d) Or, these Dharmas, having been performed by men from time immemorial, and having been handed down by an unbroken line of tradition, must be regarded to be as eternal as the Veda itself. (e) Or, the action of Manu and others also, like that of ourselves, must have been based upon the authority of some other source, and as such their assertions must be based upon such Vedic texts as have always been assumed by inference (and never actually perceived by any one in any Veda).

These and such other alternative views have been fully considered by the author of the Vivaraṇa; and the definite conclusion arrived at is as follows: — The performance of the Aṣṭakā and such other acts laid down in the Smṛtis must be regarded as sanctioned by the Veda; because they are found to be connected with purely Vedic injunctions, on perceiving which latter the performers undertake the performance. The said connexion we have already shown above; — in some cases what is prescribed in the Veda is subservient to what is laid down in the Smṛti, and sometimes it is the contrary; sometimes the Veda contains the originative Injunction of the act in question, sometimes its qualifying conditions, and sometimes it lays out a mere Arthavāda, an eulogistic description. In this manner all those acts that are prescribed in the Smṛtis are connected with Vedic injunctions.

We have discussed this matter fully in the as follows: —

‘Between what is laid down in the Smṛti and what is prescribed in the Veda, there is a close connection. There is not much difference between the two, either as to the character of their performers or to the nature of the acts themselves. Those same persons who perform the acts prescribed in the Veda, — if they also do what is mentioned in the Smṛtis, it follows that these latter have their source in the Veda. The principal criterion of the authoritative character of a certain text is its acceptance by persons learned in the Veda; and the fact of the performing agents being the same in both cases has been put forward (in the Pūrvamīmānsā Sūtra 1.3.2) as a ground for inferring the existence of Vedic texts in corroboration of the Smṛtis.’

For going any further than this and for coming to particulars (as to where these corroborative Vedic texts are to be found etc., etc.), there is no reasonable ground; nor is there any necessity (it being sufficient for our present purpose that all that is contained in the Smṛti has its source in the Veda).

It is quite possible that certain rescensional texts of the Veda may have been lost. Even at the present day we find several such texts as are read by very few students. And some people have held that what the authors of the Smṛtis have done is to bring together the purely injunctive passages, shorn of their accompanying arthavādas, contained in such rescensional texts as were found by them to be likely to be lost (for want of learners). Āpastamba (1.4.10) for instance, says — ‘the injunctions are those laid down in the Brāhmaṇas, — their exact words have been lost — but they can be inferred from the details of the actual performance.’

But this theory involves many impossible and unheard of assumptions, such as the neglect of, and the total disappearance of all the learners of, just that Vedic text which was the most useful, being that in which were declared all those Dharmas pertaining to castes and life-stages that are set forth in the Smṛtis and the Gṛhyasūtras.

The other view however is more reasonable, — that learned persons, who have formed definite conclusions of their own on all important matters, should compile a practical compendium of all such injunctions as are scattered over (in various sections of the Veda), beset with arthavādas, and difficult to determine what is conducive to the good of man and what is meant only to complete the sacrificial performance.

But under this hypothesis also, there is this difficulty, that in cases where the Smṛti rule runs counter to a Vedic rule, hoth would have to be regarded as equally directly Vedic, and as such representing optional alternatives; so that the Smṛti could not be set aside by the Veda. And this certainly cannot be accepted by the learned. In fact the authors of the Smṛtis themselves admit that the basis of the Smṛti in the Veda is only inferred, and that the former is always set aside in favour of the latter. For instance, Gautama says (3.35) — ‘There is only one life-stage, say the revered Teachers; since the householder’s life is the only one that is directly enjoined.’ If Manu and the other writers (who speak of four life-stages) had actually found the Vedic texts (upon which they based their division of the four stages), — then what would be the sense of the expression that ‘the house-holder’s life is the only one that is directly enjoined (by the Veda)’? For according to the hypothesis under discussion all the four stages would be equally directly enjoined. [Nor is the above-quoted Sūtra the statement of a foreign opinion.] In fact it embodies Gautama’s own opinion, which he has put forward as the opinion of ‘revered teachers.’ This is clear from the fact that he has begun the section with the statement ‘Now as regards the various views that h ave been held regarding the life-stages’ (3.1), and he has concluded with the Sūtra (3.35) quoted above.

The authoritative character of Mantras and Arthavādas (as means of knowing Dharma) is not inconsistent. Though it is true that Arthavādas only serve to eulogise what has been enjoined by an Injunctive sentence, and they do not exercise the function of enjoining anything, — yet there are instances in which even the connection of the Arthavāda with an Injunctive sentence is not possible unless the former has afforded some; idea of an injunction in regard to something expressed by its words. For instance the Arthavāda passage ‘Theft of gold, drinking of wine, etc., etc.’ (Upaniṣad, 5.10.9) cannot be understood as pertaining to the Injunction of the ‘Science of the Five Fires,’ until it is known that the ‘theft of gold’ and the rest are prohibited; the sense of the whole being that ‘he who studies this science of the Five Fires does not fall, even though he commits the theft of gold, etc., or associates with persons who have committed them — otherwise he does fall’?

“Who has laid down the law that in the said passage the Injunction is conveyed, not directly by the Arthavāda itself, but by the fact of its being connected with another Injunctive passage? As a matter of fact, the passage itself contains an independent finite verb of its own — ‘these four fall’ [and this would serve as the direct prohibition). It might be argued that the verb does not contain the Injunctive affix: But the passage ‘they obtain a standing who per form the Rātrisatra’ also contains no verb ending with the Injunctive affix. It might he argued that — ‘in the case of the Rātrisatra, the need for a qualifying condition being distinctly felt, the two sentences (they obtain a standing and they perform the Rātrisatra) come to be taken as syntactically connected, and the necessary injunction is got at by assuming the verb to contain the Let ending.’ — But the same may be said in regard to the passage in question also. In fact, there are several injunctions of substances and deities that are obtained from Arthavādas. In a case where the Arthavāda is distinctly subservient to an Injunctive passage, — since this latter injunction would be in need of the mention of a substance or a deity (for the act enjoined) [that may be found mentioned in the corresponding Arthavāda], it may not be improper to take the Arthavāda as simply serving to supply the needs of the corresponding Injunction (and not as enjoining anything independently by itself). In the present instance however (of the Arthavāda passage ‘the theft of gold, etc., etc.’), if we are to seek for an injunction that has no connection with the Arthavāda (and this injunction were sought to be derived from the words of the Arthavāda itself), then this would give rise to a syntactical split; hence it cannot be taken as subservient to the main subject-matter of the context (i.e., the science of the Five Fires); and in the absence of such subserviency, the Arthavāda could not provide any idea of the Prohibition. This is the point on which the case of the Arthavāda in question is not analogous to that of the sentences — ‘One should put in wet pebbles’ and ‘Butter is glory’ [where the connection between the two is quite clear].”

This is not right; for even though the Arthavāda has a distinct meaning of its own, yet since its connection with the Injunction is based upon syntactical connection, there can be no room for any objection as regards syntactical split.

As regards the Mantras, they are, by their very nature, indicative of the form of action; and since the action cannot be got at from any other sources, we are led to assume an act indicated by the Mantra, specially with a view to justify its indicative character. And since in connection with the Aṣṭakā, it is not possible to have an indication of such origination and qualifying condition as are absolutely nonexistent, wo take the Mantras as suggestive of the action, its qualifying condition and its very origination. It is in this way that Injunctions are accepted as supplied by the words of a Mantra. As for instance, the injunction of the Deity of the Āghāra offering (is supplied by the Mantra ‘Ita Indra urdhva, etc., etc.’)

It is admitted on all hands that Dharma has four ‘feet’; now, it is only a small portion of this vast fabric of Dharma that has been directly prescribed in the Veda; and the source of the knowledge of all the remaining factors also must be similar in character to the Veda, for the simple reason that the factors of Dharma can only be known through some sort of an injunction. So that (directly or indirectly) the connection (of Dharma) with Veda is inevitable.

Now (as regards the work of Manu) what happened was that Manu got together pupils who had studied several Vedic texts, as also other Vedic scholars, and having heard from them the several texts, he compiled his work; and he has therefore clearly stated that Vedic texts are the source of what he has written, and thereby established the trustworthy character of his work. Others that came after him performed the several duties, relying upon Mann’s own words, and did not try to trace his words to their source (in the Veda). All this is what we infer (from the circumstances of the case).

Thus even in cases where a Smṛti rule may run counter to what is found to he laid down in the Veda, both must he equally ‘Vedic’ [since the Smṛti also is based upon Vedic texts actually found by the writer]; and yet it is quite reasonable that the former should he discarded in favour of the latter; for when all that we need for the performance of a certain act is found by us in the Vedic text itself, there is no desire on our part to seek for, and infer the existence of, any other Vedic texts (in support of anything that may he found in the Smṛtis). Just as in the case of the Sāmidhenī verses, though the two numbers, seventeen and fifteen, are both equally mentioned in available Vedic texts, yet when we have once found that the number fifteen is applicable to the action in hand, we have no desire to have recourse to the number seventeen, even though this also is directly mentioned in the Veda. Then again, it is only natural that what is directly expressed by the words of a text should set aside what is only indirectly indicated by the requirements of what has been directly expressed, this indicated factor being admittedly remoter and hence weaker than the directly expressed one. But this does not mean that what is indirectly indicated has no force at all. In fact such a case would be analogous to the case where, even though the employment of the details of the archetypal sacrifice at the ectypal one is admissible by the general injunction (that ‘the ectype should be performed in the manner of its archetype’), yet when any such archetypal details are found to be incompatible with those that may be found to be expressly prescribed specifically in connection with ectype, the former are unhesitatingly discarded. [Similarly when the indicated factor is incompatible with the expressed one, it is discarded.]

Under the view [previously put forward as (d)] that the Smṛtis are based upon an unbroken Unit of performers, the position of the Smṛtis would be no better than that of mere current tradition, which does not, at any stage (however longstanding it may have become), attain reliability (based upon direct Vedic support).

The other view [put forward as (e)] also, according to which Vedic texts in support of what they did and wrote were always inferred by Manu and others, — does not differ very much from the view that they are based upon tradition. We have proceeded to examine the source of the Smṛti or Recollection of Manu and others; and if they also only inferred the Vedic texts, just as we are doing now, then, like ourselves, they also would not be recollectors (of Vedic texts). Nor is it possible to infer a thing that has never been directly perceived by any one; as no affirmation (and hence no premiss) could be possible with regard to such a thing. As regards the inference (that has been cited by Śabara), of the motion (of the Sun) and such other things, a general connection (between motion and change of location) is always perceived; or such motion may be deduced from Presumption based on apparent inconsistency. Such basis of presumption however is not available in the case in question.

From all this it follows that in the matter of Dharma, there is certainly some sort of connection between Manu and others and the Veda; but the exact character of this connection we are unable to ascertain. In fact, when persons learned in the Veda have the firm conviction that a certain act should he done, it is only right to assume that this conviction is based on the Veda, and not upon a misconception; it is only thus that wo would be assuming a source of knowledge in keeping with the character of the knowledge itself. And this assumption rests upon the possibility of such source being found in Vedic texts, in the form of mantras and arthavādas scattered far and wide by reason of lapses (of time, etc.). In some cases we also find direct Vedic Injunctions themselves, as the source (of what is found in the Smṛti); e.g., the injunction that ‘one should not converse with a woman in her courses,’ which is found in the Veda in connection with Upanayana and Study (supplies the basis for the general prohibition of such conversation, contained in the Smṛtis).

What we have stated here is only a small portion of this vast subject; more of this should be learnt from the Smṛtiviveka [as follows]: —

‘The view that some Vedic texts have become lost is not accepted by me; as this view necessitates several unwarrantable assumptions. It is far more reasonable to accept the view that the Smṛtis have brought together the injunctions of actions scattered about here and there. In fact even at the present day we find that a person who is surrounded by several Vedic scholars and teachers is capable of composing works after having heard from those persons the several Vedic texts. It is only natural that persons who have actually seen the writer at the time, basing his statements upon direct Vedic texts should accept them as trustworthy; and we also come to have due confidence in them as far as possible. As a matter of fact, the details of performance are indicated by Mantras; and there is indication of them also by Names; there can be no performance, unless there is some sort of indication regarding the nature of the action and the qualifying conditions. For instance, the connection of a particular deity with the Āghāra -offering is indicated by the words of a Mantra; and the reason for this lies in the indicative character of Mantras, which character becomes possible only if the Deity is taken to be indicated by them. When one action enters into the constitution of another well-accomplished one, it does not interfere with the form of this latter [so that when a Deity indicated by the Mantra is introduced into an action enjoined by a distinct Injunctive passage, it does not interfere with the nature of this action]. For instance, in connection with the Viśvajit sacrifice, we find that the desirable result proceeding from it is got at from sources other than its originative Injunction. Thus it is quite reasonable to assume details in connection even with a well-established injunction, specially when the needs of the Injunction are not supplied even by Mantras and Arthavādas.

‘[An objection is raised] —

“The revered Pāṇini has laid down that Injunction is expressed only by the Injunctive and other cognate affixes. So that Mantras and Arthavādas, describing as they do only accomplished entities, can never express an injunction. If then, from theArthavāda, which is not directly injunctive, some sort of Injunction were deduced by means of an indirect interpretation put upon the Arthavāda, — how could any reliance be placed upon such an Injunction? In fact such an interpretation would lead to a syntactical split; specially as (in such arthavādas as they obtain a standing who perform the Rātrisatra) the Rātris tra offerings do not necessarily stand in need of the ‘standing.’ In fact it is only a detail of the direct Injunction (and not that of the vāda) which can be accepted as indicated by supplementary sentences. As regards the prohibition of Theft, etc. (which has been sought to be deduced from the Arthavāda passage ‘the theft of gold, etc., etc.’), this will certainly be amenable to a direct Injunction; and as in the event of the arthavāda being made to yield the necessary injunction, syntactical split would be inevitable. Nor is there any analogy between the Vācastoma and the Aṣṭakā; for in the sacrifice all the details are performed in accordance with injunctions deduced from mantras; while in the case of the Aṣṭakā there are no grounds for regarding the mantra as indicative of any details of performance. Further, no indicative power of the mantra can prompt one to any course of action, unless there is some sort of a general connection; and in the case in question there is no such connection either of context or of any such factor.”

‘To the above objection the following reply is given by those who hold the view that also are the source of Dharma: — (a) In the case of the passage “they obtain a standing, etc.,” even though there is no directly injunctive agency in the form of the Injunctive affix and the rest, yet the idea of injunction is held to be supplied by the conjugational affix let (in the verb “upayanti,” “offer”). (b) Similarly in the case of the verb “patanti” “they fall” (occurring in the passage “Theft of gold, etc.”), or in that of the verb “use corrupt words” (occurring in another arthavāda passage), (c) In connection with the Vācastoma, we have the distinct injunction beginning with the expression ‘sarvadāśa ṭayīḥ anubrūyāt,’ — this name “dāśatayī” being applied to the ten Ṛk. verses selected each out of the ten maṇḍalas of the Ṛgveda. (d) As regards the general connection (of the mantra) with the action, this is said to be brought about by the force of the Name, — the Gṛhyamantras being named after the acts (with which they are connected). (e) As regards the arthavāda passage “Theft of gold, etc., etc.,” that this is subservient to the Science of the Five Fires is indicated by the fact that it contains a deprecation of the said Theft, etc.; and this cannot be possible except when the Prohibition (of the Theft, etc.) is also implied. That the passage is subservient to the Science of Five Fires is indicated by the trend of the whole context; and the idea that the Theft, etc., should not be done serves to emphasise the said subserviency; and there is no incompatibility between these two [the idea of subserviency and that the acts should not be done ]. Lastly, as regards the view that the Vedic texts in corroboration of the Smṛti rules h ave always been inferred (and never actually found by any one in the Veda), — it stands on the same footing as the notion of long-standing tradition; both would be of the nature of the “blind following the blind”; and we do not perceive any difference between these two views.’

From all this it follows that when Gautama speaks of the Householder’s Life being ‘directly enjoined’ (by the Veda), what he means is that the words of the Veda enjoin it directly, without the intervention of any other process; that which is cognised immediately after the hearing of the words is said to be ‘directly known’; while after something has been cognised, if the reflection over the capacities of that thing leads to the cognition of another thing, this latter is not said to be ‘directly perceived.’ Thus everything becomes duly established.

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[Having discussed the idea expressed by the expression ‘Smṛtiśīle ca tadvidām,’ the Author next proceeds to explain the words themselves] — ‘Smṛtiśīle tadvidām’ ‘the conscientious re-collection of those versed in the Veda,’ — The compound ‘smṛtiśīle’ stands for ‘Smṛti and śīla.’ — ‘Śīla’ has been explained as the abandoning of love and hate; and this is a ‘root of a Dharma,’ — not like the Veda and Smṛti, which are ‘root of Dharma’ in the sense of being the source of knowledge of Dharma, — but in the sense that it is a means of accomplishing Dharma; for by abandoning love and hate one acquires merit (Dharma).

Question: — “Dharma has been described as what leads to welfare; and certainly the abandoning of love and hate is itself of that character (of Dharma); so that there being no difference between the two (i .e., between Dharma and the abandoning of love and hate), how can it be said that the said abandoning accomplishes Dharma?”

Answer: — We have already pointed out that the authors of Smṛtis use the term ‘dharma s,’ ometimes in the sense of acts which form the subjects of Injunctions and Prohibitions (i.e., meritorious and unmeritorious deeds), and also sometimes in the sense of that peculiar thing (force, i.e., merit) which proceeds from the performance of acts and continues to exist until it has brought its reward (to the doer). That there is such a thing as this latter can be believed only on the authority of the scriptures. If the sacrificial performance were to disappear without bringing about any such force, then, bow could its results appear at some remote period of time? It is this peculiar something that is meant by the term ‘dharma’ here [when it is said that ‘the abandoning of love and hate accomplishes Dharma.’] And certainly the said ‘Śīla’ is the ‘root’ of ‘Dharma’ in this sense; so that there is nothing incongruous in this. The use of the word ‘Dharma’ in this sense is common; e.g., in the verse — ‘Dharma is the only friend that accompanies one even on death’ (Manu, 8.17). Since the act disappears immediately after it has been done, bow could it continue to exist at any other time (as mentioned in this verse)?

Some people bring forward the following objection: —

“As a matter of fact, everything that is enjoined in the Veda and in the Smṛtis is the source of Dharma; and since ‘Śīla’ also is included among the acts thus enjoined, there is no point in mentioning it separately. In fact Manu himself is going to enjoin it in the following verse — ‘Day and night one should take care to subdue the senses’ (7.41), — and again — ‘When the mind has been subdued, the two groups of five become subdued.’ And it is this ‘subjugation of the mind’ which constitutes the ‘abandoning of love and hate,’ as we shall explain later on.”

Some writers answer this by saying that ‘Śīla’ has been separately mentioned with a view to indicate its superior importance; it is something that comes useful in the performance of all acts; and is important also by itself; being just like the Agnihotra and such other acts; and further, it is a ‘Dharma’ for all castes and conditions. It is for these reasons that it has been specifically mentioned in the present verse, which sets forth the most general conception of Dharma.

Our explanation however is as follows: — ‘Śīla’ stands for Samādhi, ‘composure of the mind;’ the root ‘Śīl’ signifies ‘composing,’ and ‘composure’ is a property of the mind; so that ‘Śīla’ here stands for the withdrawing of the mind from other things and concentrating it upon what is enjoined in the scriptures.

The copulative compound (‘Smṛtiśīle’) connotes interdependence; hence what is meant to be the ‘source of Dharma’ is ‘Smṛti’ (Recollection) and ‘śīla’ (composed mind, Conscience) as interdependent; and ‘śīla’ does not stand for being the means of accomplishing Dharma (as explained by some people, above). The sense therefore comes to be that what is the ‘source of Dharma’ is Conscientious Recollection, and not mere Recollection. Hence, even though some persons may be ‘versed in the Veda,’ yet any recollection that they may have at a time when they are not duly attentive to the subject cannot be regarded as a valid source of knowledge of Dharma; and this for the simple reason that unless people have fixed their attention upon what is prescribed in the scriptures, they are liable to fall into error.

As regards the particle ‘ca’ found in the verse, this ‘should be construed after the term ‘tadvidām,’ ‘of people versed in the Veda’; and it is due to the exigencies of metre that it has been placed before that term. This particle has a copulative force; and since nothing that has gone before can be copulated, it serves to bring in here the epithet ‘sādhūnām’ (good, righteous) that comes next. So that there are three qualifications intended here: the ‘Recollection’ that is authoritative is of such persons as (1) are learned, having learnt the soiences from a qualified teacher ( ), (2) are attentive to what is prescribed in the scriptures (śīla) and (3) are in the habit of acting up to the injunctions of the scriptures (sādhu, good, righteous). It has been declared that all these qualifications existed in Manu and other writers (of Smṛtis). If it were not so, then it would never have been possible for their words to have been accepted by the wise.

“If this is what is meant, it should be stated dearly, in the form ‘the words of Manu and others, are the sources of Dharma’; what is the use of setting forth the characteristics (of the writers)?”

True; but there might be persons who may not agree to the words of Manu and others being authoritative; and it is with reference to such persons that the text has set forth the well-established grounds for regarding them as trustworthy. Even, at the present day, a man who is possessed of the qualifications mentioned in the text, has his words accepted with the same amount of trust and confidence as the words of Manu and others; as we find in cases where learned men pronounce their opinion upon the precise character of the expiatory rite to be performed by one who has committed a certain sin. In fact a person possessed of the said qualifications has ever been recognised as constituting the ‘pariṣad’ ‘court,’ by himself alone: ‘The Brāhmaṇa should act up to that Dharma which even a single person learned in the Vedas should declare to be Dharma’ — says Manu (12.113). For these reasons, there can be no reasonable ground for enumerating the names of ‘Recollectors,’ as ‘Manu, Viṣṇu, Yama, Aṅgiras’ and so forth. For we find that many such persons as Paiṭhīnasi, Baudhāyana, Pracetas and the rest are recognised by the wise and learned as reliable ‘Recollectors,’ and yet these names are not found in any of the lists (supplied by various Smṛtis).

What thus the words ‘Smṛtiśīle ca tadvidām’ mean is that ‘when a person is found to be recognised and spoken of by all wise and learned persons as endowed with the said qualifications, and they also accept a certain work as really by that person, — the word of such a person (and of the work composed by him), even though proceeding from a human source, should be recognised as an authoritative source of the knowledge of Dharma. So that even at the present day if there were a person possessed of the said qualifications, and he were to compose a work by reason of just those qualifications, then for later generations they would be accepted to be just as authoritative as the words of Manu and others. People of the present generation — who would be contemporaries of the said writer — would not derive their knowledge of Dharma from the words of such a writer, because the sources of information available to him would be all available to them also. Hence it is that until a teacher of the present day clearly indicates the source from which he has derived a certain information, learned people do not accept his word as reliable. When however he has pointed out his source and his work has been accepted as authoritative, then at some future time if the case of his work be found to be analogous to that of the Smṛti rules regarding Aṣṭakā and other acts (whose basis in the Veda we of the present day cannot find), it would be only right to infer its authoritative character from the fact of its being accepted by the wise and the learned (which fact could not be explained except on the basis of its being duly authoritative).

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‘Ācārascaiva sādhūnām’ ‘The practice of Good Men’; — the particle ‘ca’ connects the epithet ‘vedavidām’ (of persons versed in the Veda) with this phrase also. These two qualifications (‘goodness’ and ‘Vedic learning’) indicate the ‘Śiṣṭa,’ ‘the cultured man.’ The ‘practice of cultured men’ also is ‘source of Dharma.’ — ‘Practice’ means conduct, behaviour. When, in regard to any action, there are no Vedic or Smṛti statements, but cultured men are found to regard it as ‘Dharma’ and do it, — then that act also should be accepted as ‘enjoined by the Veda,’ just like the act prescribed in the Smṛti. To this category belong such acts as the following — (a) the tying of the bracelet and such other auspicious rites performed during marriage, etc., (b) the worshipping of famous trees, Yakṣas, road-crossings and such things, varying in various countries, done by the girl on her day of marriage, (c) the number of hair-locks kept on the head, varying with different countries; (d) the exact manner of attending on guests, teachers and other respectable persons, consisting in the addressing of sweet and agreeable words, saluting, rising to receive and so forth; for instance, it is customary with some people to recite the Pṛṣṇi-sūkta with grass in hand, when banding over the horse consecrated for the Aśvamedha sacrifice. It is such customs that are meant by ‘Practice’ here. It is not possible to collect in any compilation all such practices, there being endless forms of them, varying with the diversities in the nature of men, caused by such variable circumstances as the calm or disturbed condition of their mind and so forth. The same act that may have been found, on several, occasions, to be pleasing (to one person), may, on another occasion, turn out to be unpleasant (to another person). For instance, a house-holder may be in the habit of being in constant attendance upon his guests; — this may be quite pleasing to one guest, who may be pleased at finding the man attending upon him like a servant; but the same close attendance becomes unpleasant to another guest, who may feel — ‘the feeling of restraint caused by this man’s constant presence is so galling that I do not find an opportunity to sit at ease.’ Hence, in corroboration of such ‘Practices’ it is not possible for us to assume Vedic texts, corroborating them either collectively or individually. The Aṣṭakā and such other acts, on the other band, have a fixed form; and hence we have Smṛti rules regarding their performance. This is what constitutes the difference between ‘Recollection’ and ‘Practice’ (Smṛti and Ācāra).

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‘Ātmanastuṣṭireva ca’, — ‘Self-satisfaction also’ — ‘is source of Dharma’ is to be construed here also. This ‘self-satisfaction’ also is meant to be of those only who are ‘learned in the Veda and Good’ (‘Vedavidām sādhūnām’). The fact of this ‘Self-satisfaction’ being ‘source of Dharma’ has been held to be based upon the trustworthy character (of the people concerned). When such persons as are possessed of the stated qualifications (of being good and learned) have their mind satisfied with a certain act, and they do not feel any aversion towards it, that act is ‘Dharma.’

“But it may happen that a man’s mind is satisfied with a prohibited (sinful) act; and this would have to be regarded as Dharma. Again, a man may have hesitation (and doubt) regarding what is enjoined in the Veda; and this latter would h ave to be regarded as n ot‘ Dharma.’”

(a) As a matter of fact, the ‘self-satisfaction’ of the high-souled and extremely good men endowed with the said qualifications, is possessed of such tremendous force that, under its influence ‘Dharma’ may become ‘Adharma’ and ‘Adharma’ become ‘Dharma’; but this cannot be so in the case of men tainted with love and hate, etc. Whatever goes into a salt-mine, becomes transformed into salt; similarly everything is rendered pure by the unpremeditated ‘self-satisfaction’ of persons learned in the Veda. [The mere fact of an act being prohibited does dot make it Adharma ] for though the ‘holding of the Ṣoḍaśi vessel’ has been prohibited at the Atirātra sacrifice, yet when the holding comes to be done, in accordance With a Vedic injunction, it is not sinful. But in the present case, there is no question of option, as there is in the case of the ‘holding of the Ṣoḍaśi’. What happens in this case is that the Prohibitions take effect in regard to all cases except the one that falls within tho purview of the said ‘self-satisfaction.’

(b) Or (the second answer to the objection is that), people like those mentioned in the verse can never feel any self-satisfaction at what is ‘Adharma.’ The mongoose bites only that herb which is an antidote of poison, and not any other herb; hence the notion that ‘whatever herb is bitten by the mongoose is destructive of poison.’

(c) (Thirdly) The revered teachers have explained as follows: — What is meant is that, in cases of optional alternatives, that alternative should be adopted in regard to which the mind feels satisfied. It is in accordance with this that the Author will say later on, in connection with the purification of things and expiatory rites — ‘the penance should be performed until the mind may feel satisfied.’

(d) Or, what is said in the Text may be taken as ruling out the unbelieving Atheist; as a matter of fact, the Atheist does not feel any ‘self-satisfaotion’ in doing even those aots that are enjoined in the Veda; hence such acts though done by him are absolutely useless.

(e) Or, what the Text teaches is that in the performance of all acts, one should have a tranquil mind; i.e., at the time of doing anything one should keep his mind free from anger, stupefaction, grief and so forth, and should remain happy. Hence like ‘Śīla’ this also is laid down as pertaining to all acts.

 

Explanatory notes by Ganganath Jha:

Cf. Āpastamba, 1.1.11.1 — 3; Gautama, 1.1 — 4 and 28. 48; Vaśiṣṭha, 1. 4 — 6; Baudhāyana, 1.1.1.1 — 6; Yājñavalkya, 1.7.

The meaning of ‘Śīla’ and ‘Ācāra’ separately has been the source of much misunderstanding. The difficulty has been solved by Medhātithi taking the term ‘Smṛtiśīle, as standing, not for ‘Smṛti’ and ‘Śīla,’but for ‘Smṛti’ as qualified by ‘Śīla,’ this being ‘freedom from hatred and attachment;’ ‘Smṛti — Śīla’ stands for that ‘Smṛti,’ recollection, which the learned have when their mind is calm and collected, not perturbed by passions of any kind. The reason suggested by Buhler is not satisfactory.

Kullūka has explained ‘Śīla’ as standing for the virtues enumerated by Hārīta — ‘Brāhmaṇa-like behaviour, devotion to gods and Pitṛs, gentility, kindness, freedom from jealousy, sympathy, absence of cruelty, friendliness, agreeable speech, gratefulness, being prepared to grant shelter, mercy, and calmness.’ Nārāyaṇa puts it vaguely as ‘that to which learned men are prone.’

‘Self-satisfaction’ — This is meant to apply to cases where the scriptures provide options (Medhātithi, Govindarāja and Kullūka); — or to cases not covered by any of the aforesaid sources (Nārāyaṇa and Nandana).

In connection with this verse, the student desirous of carrying on further investigation, is advised to read Kumārila’s Tantravārtika, Adhyāya I (Translation — Bibliotheca Indica).

Medhātithi (p. 57, l. 8) — ‘Viśvajitā’ — See Mīmāṃsā Sūtra 4.3.15 — 10.

Medhātithi (p. 57, l. 20) — ‘Kvachidarthavādādeva’ — for an example, see Mīmāṃsā Sūtra 1.4.29.

Medhātithi (p. 60, l. 29) — ‘Kartṛsāmānyāt’ — This refers to Mīmāṃsā Sūtra 1.3.2.

Medhātithi (p. 62, l. 2) — ‘Yathā āghāre devatāvidhiḥ — Śabara on Mīmāṃsā Sūtra 2.2.10 says —

[ādhāre] māntravarṇako devatāvidhiḥ | ita indra ūrdhvo'dhvaro divi...indravāna svāhesyādhāramādhārayati — ityevamasāvādhāro yadyasyendro devatā

Medhātithi (p. 60, ll. 7-8) ‘Tulye śrautatve’ — Though in regarding both the Śruti-rule and the Smṛti-rule to be equally ‘Śrauta,’ ‘Vedic’ — Medhātithi apparently accepts the view of Kümārila as against Śabara (according to whom’ the Smṛti-rule is not Śruti, but stands on a distinctly inferior footing), — ultimately his view comes to be the same as Śabara’s — viz., that in case of conflict between Śruti and Smṛti, the latter is set aside in favour of the former; while according to Kumārila, there is option.

Medhātithi (p. 63, l. 1) — ‘Viśvajityodhikāravat’ — See Mīmāṃsā Sūtra 6.7.18 — 19. In connection with the Viśvajit sacrifice we have the text — ‘one should give away his entire property, sarvasva.’ The conclusion is that the injunction of the giving away of one’s entire property having been already found in connection with the Jyotiṣṭoma, — at which one is bound to pay as fee either 1,200 gold pieces or his entire property, — what the mention of the giving of entire property at the Viśvajit means is that at this latter sacrifice, the fee must consist of the entire property, and not of 1,200 gold pieces; and this has been taken to imply that the man who seeks to perform the Viśvajit must possess more than 1,200 gold pieces.

Medhātithi (p. 64, 1. 4) — ‘Indriyāṇām &c’ — The first part of this quotation occurs in Manu 7. 44; but the second half is from some other work.

This verse has been quoted in the Vidhānapārijāta (vol. II, p. 511) in support of the authority of Sadāchāra, as bearing upon the propriety of tasamudrādhāraṇa; — also in the Smṛtikaumudī (p. 1) which remarks that the Practice of cultured men is authoritative only when it is not repugnant to Śruti and Smṛti.

The Aparārka (p. 82) quotes the verse in support of the view that the Practices of Good Men also, as distinct from the Smṛti, are an authoritative source of our knowledge of Dharma. It is interesting to note that it reads vedavitsmṛtiśīlatā in place of ātmanastuṣṭireva ca.

It is quoted in the Smṛticandrikā (Saṃskāra, p. 5), which adds the following explanation: —

Veda is the means of knowing Dharma; so also are the ‘Smṛti’ and ‘Śīla’ — i.e. freedom from love and hate, — of persons learned in the Veda; — ‘āchāra’ such as the tying of the bracelet and so forth; — and ‘ātmatuṣṭi’, i. e., when there are several options open to us, it is our own satisfaction that should determine the choice of one of them; — also in the Nṛsiṃhaprasāda (Saṃskāra, p. 17b); — and in Hemādri (Vrata, p. 17).

This is quoted in the Vīramitrodaya (Paribhāṣa, p. 10), which adds the following notes: —

‘Vedaḥ’ is the collection of Mantra and Brāhmaṇa texts, as defined by Āpastamba; — ‘akhilaḥ’, the actual texts available, as also those presumed on the strength of ‘transference’ and that of ‘Indicative Power’, ‘Syntactical Connection’, ‘Contest’, ‘Position’ and ‘Name’ (Jaimini iii); — or ‘akhilaḥ,’ ‘entire,’ may be taken as meant to preclude the notion that the said authority belongs only to the three Vedas, and not to the Atharva’, which is based upon such assertions of Āpastamba and others as ‘Yajña is enjoined by the three Vedas’. That the ‘Atharva is an authority for Dharma is due to the fact that it prescribes the performance of the Tulāpuruṣa and other propitiatory rites for all castes, even though it does not deal mainly with the performance of the Agnihotra or other Śrauta rites. — When the text says that these are the means of knowing ‘Dharma’ Right, it implies that they are the means of knowing also what is ‘Adharma,’ ‘wrong’ it being necessary for the scriptures to furnish an idea of all that is wrong and hence a source of impurity of the mind, which obstructs the acquiring of true knowledge. — ‘Mūlam’, ‘Source’, the means of knowing; — ‘Todvidām’, those learned in the Veda; this implies that in the case of ‘Smṛti’ and the rest, tḥe authority is not inherent in themselves, but due to their being based upon the Veda —

‘Smṛti’ the Dharmaśāstra compiled by Yājñavalkya and others. — ‘Śīla’ implies the thirteen qualities enumerated by Hārīta — viz., Faith in Brahman, Devotion to Gods and Pitṛs, Gentility, Harmlessness, Freedom from jealousy, Freedom from harshness, Friendliness, Sweetness of speech, Gratefulness, Kindness for sufferers, Sympathy, Calmness. This ‘Śīla’ differs from ‘Ācāra’; it stands for the negative virtues, the avoidance of wrong, while the former stands for the positive active virtues; the doing of right. — ‘Ācāra’, the tying of the bracelet during marriage and so forth. — ‘Sādhūnam atmanastuṣṭiḥ’, whenever doubt arises regarding what is right, what determines the question is the ‘self-satisfaction’ of those that are ‘Sādhu’ i. e., have their minds replete with the knowledge of the Veda and the impressions gathered therefrom; i. e., that course is to be accepted as ‘light’, which commands the unanimous approval of the said persons; — such is the explanation suggested by the Kalpataru. In support of this view we have the following passage from the Taittirīya, relating to cases of doubt regarding Dharma, — ‘Thou shouldst behave in that manner in which behave those Brāhmaṇas who are impartial, honest, steady, calm and righteous.’ This implies the authority of the Pariṣat ‘Assembly’. — Or ‘sādhūnām’ may be construed with ‘āchāraḥ’, which would imply the authority also of those ‘good men’ — men free from all evil qualities, — who are not ‘learned in the Veda’; so that for superior Śūdras, the practices of their forefathers would be authoritative. — ‘Self-satisfaction’ is the determining factor in the case of options; but this is an authority for the man himself, not for others.

 

Comparative notes by various authors:

(Verses 6, 10 and 12)

Baudhāyana, Dharmasūtra, 1.1.6. — ‘Dharma has been enjoined in each Veda.’ ‘The second source of knowledge consists of the Smṛtis.’ ‘The third is what proceeds from the cultured, i. e., those persons who are free from jealousy and selfishness, fairly well off, free from avarice, haughtiness, greed, delusion, and anger.’ ‘Those persons are cultured who have studied the Vedas along with their supplements and who are versed in the art of making deductions from them; those are the persons from whom the direct knowledge of Śruti can be derived.’

Gautama, Dharmasūtra, 1.1-2. — ‘Veda is the source of Dharma’: ‘the Smṛti and Śīla of persons learned in the Veda.’

Āpastamba, Dharmasūtra, 1.2-3. — ‘The convention of persons knowing Dharma is authoritative’: ‘and also the Vedas.’

Vaśiṣṭha, Smrti, 1.4-6. — ‘In the absence of Śruti and Smṛti, the custom of the cultured is authoritative’: ‘those persons are cultured whose mind is free from selfish desires’: ‘that is to be regarded as Dharma which is not prompted by a selfish motive.’

Yajñavalkya, Smṛti, 1-7. — ‘Śruti, Smṛti, the practice of good men, self-satisfaction determination based upon right volition, — these four are the source of Dharma.’

Āpastamba, Dharmasūtra, 1.4.7. — ‘The Śruti is more authoritative than custom which derives its authority only from assumption (of corroboration of Śruti).’

Ibid, 30.9. — ‘In cases of conflict, what is stated in the Śruti is more authoritative.’

Jaimini, the writer of the Mīmāṃsā-sūtra (1.1.2), has emphatically declared that the Vedic Injunction is the only trustworthy source of our knowledge of Dharma, i.e., of what is right, i.e., what is conducive to good, temporal and spiritual (Vaiśeṣika-Sütra 1.1.2); though he knew of the later ‘lawbooks, Smṛtis, and customs,’ yet he had no hesitation in declaring that these are to be relied upon only so far as they are not repugnant to anything declared in the Veda.

Coming to the strictly legal writers we find — 1. Baudhāyana, (1.1.1-6) naming — (a) Veda, (b) the Smṛti, and (2) ‘Śiṣṭāgama,’ — the ‘Āgama,’ teaching, of the ‘Śiṣṭas’ ‘cultured’ men; — i. e., ‘those who are free from ill-feeling, devoid of vanity, possessed of sufficient grain, not greedy, devoid of hypocrisy, haughtiness, avarice, stupidity and anger; — those who have studied, in the right manner, the Veda along with its supplements and are well versed in making deductions out of them.’

[There is no mention of ‘custom’ here at all. It is ‘scripture’ pure and simple; but no longer the Veda only, but also the Smṛtis, and the deductions therefrom and teachings based thereupon by persons with very special qualifications.]

Parāśara, 1.20. — ‘At the beginning of each Kalpa, there appear Brahmā, Viṣṇu and Śiva......... the propounders of (1) Śruti, (2) Smṛti and (3) Sadāchāra.’

kalpe kalpe kṣayotyattau brahmaviṣṇumaheśvarāḥ |
śrutismṛtisadācāranirṇetāraśva sarvadā ||

To the same end we have Āpastamba (1.1.2-3) declaring that the ‘convention or opinion of those versed in Dharma’ and ‘also the Veda,’ are the authority. It only means that when those learned in Dharma are agreed in regard to the righteousness of a certain course of action, that is to be accepted as authoritative.

This is made clear by Vaśiṣṭha (1.4-6) — ‘In the event of the aforesaid’ (i.e., Śruti and Smṛti) not being available, the practice of cultured men is the authority, — the cultured man being defined as one who is entirely unselfish, having no desires of his own.

The same opinion is expressed more definitely by Gautama (1.1. 1-2) — ‘Veda is the source of Dharma, also the Smṛti (Recollection) and Śīla of those learned in the Veda.’

[In all this ‘custom’ begins to be admitted; but only that of the ‘cultured.’]

The next step in advance is taken by Manu (2.6) —

vido'khilo dharmamūlaṃ smṛtiśīle ca tadvidām |
ācāraśvaica sādhūnāmātmanastuṣṭireva ca ||

Also Vyāsa —

dharmamūlaṃ vedamāhuḥ grantharāśimakṛtrimam |
tadvidāṃ smṛtiśīle ca sādhvācāraṃ manaḥpriyam ||

By this the sources of Dharma are (1) Veda, (2) Smṛti, (3) Sadāchāra and (4) ‘Svasya priyam.’

[What is exactly meant by these terms we shall see later on.] The same is recapitulated in Manu (2.12) —

vedaḥ smṛtiḥ sadācāraḥ svasya ca priyamātmanaḥ |
etaccaturvidhaṃ prāhuḥ sākṣāddharmasya lakṣaṇam ||

 

This is slightly improved upon by Yājñavalkya (1.7) —

śrutiḥ smṛtiḥ sadācāraḥ svasya ca priyamātmanaḥ |
samyaksaṅkalpajaḥ kāmo dharmamūlamidaṃ smṛtam ||

By which the sources of law are fivefold: — (1) Veda, (2) Smṛti, (3) Sadāchāra, (1) Svasya priyam and (5) Samyak-saṅkalpaja Kāma. [For the exact signification of these, see below.]

Thus the sources of Law are: (1) ‘Śruti,’ (2) ‘Smrti’ (3) ‘Sadāchāra’ — ‘practices of the good’ (with regard to these there is unanimity among all old authorities), (4) ‘Svasya priyam’ or ‘ātmanastuṣṭiḥ,’ ‘self-satisfaction.’ In regard to the fourth also Manu and Yājñavalkya are agreed. In Manu however we find one thing more, which is not found in Yājñavalkya — viz., ‘Sīla’; and Yājñavalkya speaks of ‘Samyaksaṅkalpajaḥ kāmaḥ,’ which is not found in Manu. Vīramitrodaya on Yājña has identified these two.

We shall see now what these terms mean according to the Commentators and the more important Digest-writers.

 

(A) Śruti

Medhātithi on Manu, 2.6. — The word ‘Veda’ stands for the Ṛgveda, Yajurveda, and Sāmaveda (also Atharva Veda), along with their respective Brāhmaṇas, There are 21 Recensions of the Ṛgveda, 100 of the Yajurveda, 1,000 of the Sāmaveda and 9 of the Atharvaveda. The Vedic character of the Atharva cannot be denied, because, like the other Vedas, this also is not the work of a human author, it helps to make known man’s duties, it is free from mistakes, it prescribes the Jyotiṣṭoma and such other rites exactly in the same manner as the other Vedas do. [This is denied by Vīramitrodaya on Yājñavalkya; see below.] Though there are certain texts that forbid the study of the Atharva Veda, yet all that this means is that one should not confuse the teachings of the other Vedas with those of the Atharva; for instance, at the performance of rites in accordance with the three other Vedas, one should not use Mantras of the Atharva Veda.

This ‘Veda’ is the ‘root,’ i.e., source, cause, of dharma, in the sense that it makes it known, and it does this by means chiefly of such passages in the Brāhmaṇas as contain injunctive expressions; sometimes also by means of Mantras. And the other parts of the Veda — the Arthavāda or Declamatory Passages — have their use in eulogising what is enjoined by the corresponding injunction; Mantras and names help in indicating the details of the acts prescribed.

Sarvajñanārāyaṇa on Manu, 26. — When Manu speaks of the ‘entire Veda,’ he means to include the Arthavādas, commendatory and condemnatory exaggerations, also.

Kullūka on Manu, 26. — ‘Veda’ stands for the Ṛk, Yajus, Sāman and Atharvan; the whole of these, including the injunctions, Mantras and Arthavādas, the last also serving the purpose of helping the injunction by persuasion. Both Mantras and Arthavādas serve the useful purpose not only of persuasion, but also of reminding the agent of the details of the action undertaken. The authority of Śruti and the rest also rests upon.the fact of their having their source in the Veda.

Rāghavānanda on Manu, 2.6. — Ṛk, Yajus, Sāman and Atharvan are the authority for Dharma.

Viśvarūpa on Yājña, 1.3-7. — ‘Śruti’ is to be taken, not in the strictly limited sense of the ‘Mantra and Brāhmaṇa texts,’ but for all the fourteen ‘Sciences’ — the Four Vedas, their six ‘subsidiaries’ or ‘limbs,’ Purāṇa, Nyāya, Mīmānsā, and Dharmaśāstra.

Mitākṣarā on Yājña, 1.7. — ‘Śruti’ is Veda.

(I) Aparārka on Yājña, 1.7. — ‘Śruti’ is Veda — it is the only determining factor in all matters relating to the Agnihotra and other rites. As Vyāsa says, this is the only pure authority (i.e., entirely trustworthy), all the rest being ‘adulterated,’ i.e., of doubtful authority; that law is the highest which is learnt from the Veda, what is propounded in the Purāṇas and other works being of a lower grade.

Says Manu — ‘The Veda embodies all knowledge’ (2.7).

‘The learned man should enter upon his own duties, resting upon the authority of the Revealed Word’ (2.8). ‘The Veda should be known as the Revealed Word, Śruti’ (2.10).

Vīramitrodaya-Tīkā on Yājña, 1.7. — ‘Śruti’ is Veda — as in Manu (2.10). It is the sole authority in regard to Agnihotra and such rites.

Vīramitrodaya-Paribhāṣā, pp. 8-25. — ‘Śruti’ stands for ‘Veda,’ which, according to Āpastamba’s definition, is the name given to the ‘collection of Mantra and Brāhmaṇa texts’; — the ‘whole’ of this authoritative, i.e., the direct, texts themselves, as also those that are deducible from the implications of ‘Indication,’ ‘Syntactical Connection,’ ‘Context,’ ‘Position’ and ‘Name,’ and also the transformations undergone by the original texts under well-recognised principles. Another implication of the epithet ‘entire’ is that the Atharva Veda also is to be accepted as authoritative, and not only the ‘trinity of Vedas,’ as one might be led to suppose from the words of Āpastamba, who says that ‘Dharma is to be learnt from the three Vedas.’ It would be wrong to deny the authority of the Atharva Veda, because, even though it has nothing to say regarding the setting up of the Sacrificial Pires or the details of the Agnihotra and other rites, yet on certain matters it is our only authority; such propitiatory rites for instance as those relating to the ‘Tulāpuruṣa’ and the like, which affect all the castes. When we speak of these being the ‘source of dharma,’ ‘means of knowing what Dharma, Right, is,’ it follows that they are the means of knowing also what ‘Adharma’ ‘wrong’ is; it is necessary to understand what is ‘wrong’ in order to discard it and thereby prepare the mind for perceiving what is ‘right.’

This ‘Śruti’ operates in the following seven forms:

(1) The Injunction or Mandatory text — e.g., ‘one shall sacrifice the goat to Yāyu’ — this is a trustworthy guide as to what one should do.

(2) The Prohibitive Text — e.g., ‘one shall not eat the flesh of an animal killed by the poisoned arrow this is a guide as to what one shall avoid.

(3) The ‘Declamatory’ text of two kinds: the commendatory and the condemnatory; the former serves the purpose of delineating the excellence of the course of action enjoined by the Mandatory text; e.g., the text ‘Vāyu is the eftest deity,’ serves to indicate the excellent properties of the deity Vāyu to whom the offering of the goat has been enjoined; the condemnatory text serves to deprecate the course of action prohibited; e.g., the assertion that ‘the tears of weeping Rudra became silver’ is meant to deprecate the giving of silver as the sacrificial fee, which has been forbidden by a prohibitive text. Texts of this declamatory kind are of use sometimes in settling a doubtful point: e.g., it having been enjoined that one should place wet pebbles under the altar, and the injunction being silent as to the substance with which the pebble is to be wetted, the doubt on this point is settled by a subsequent ‘declamatory’ text, ‘clarified butter is glory itself,’ which clearly indicates the clarified butter as the substance with which the pebbles are to be wetted.

(4) The Mantra text — e.g., ‘Devasya tvā savituḥ,’ etc., serves to remind the performer of the details of the performance in the shape of the deity and so forth.

(5) The proper names of particular sacrifices help in the determining of the exact action connoted by the common root ‘yaji,’ ‘to sacrifice’ occurring in the injunctive text.

(6) The meaningless syllables, stobhas, introduced in the Sāma-chant, serve the purpose of marking time and cadence;

and (7) the Upaniṣad text serves to promulgate that knowledge of Brahman which destroys all evil.

Parāśara, 1-20 — speaks of the ‘propounders of Śruti’ appearing at the beginning of each kalpa. From the words it would seem as if the three gods — Brahmā, Viṣṇu and Maheśvara were the said ‘propounders.’ But Mādhava (p. 98) takes the ‘propounders of Śruti, Smṛti and Sadāchāra’ separately from Brahmā, etc., and he supplies a peculiar account of the ‘propounders of Śruti’ — which extends the scope of the authority of this source of knowledge. He says that by the ‘propounders of Śruti’ here are meant

(1) Vyāsa, who divided the Vedic text into the several recensions;

(2) the expounders of those Recensions — such as Kaṭha and Kuthuma;

(3) the contents of Kalpasūtras, such as Baudhāyana, Āśvalāyana, aud Āpastamba, and also the ‘authors’ of the Mīmāṃsāsūtras, Jaimini and the rest.

Nṛsiṃhaprasāda-Saṃskara-Sāra MSS. — The Veda is the main authority for Dharma. Any inconsistencies that may be found in it can be easily explained away. This authority belongs not only to the Injunctions, but also to Mantras, names and declamatory passages.

Smṛticandrikā, p. 3. — The Veda is authoritative as it is independent of human authorship.

 

(B) Smṛti

Medhātithi on Manu, 2.6. — ‘Smṛti’ is Recollection and ‘Śīla’ denotes freedom from love, hatred and such improper feelings; this latter, according to one explanation, is a means of accomplishing Dharma, and not a means of knowing it; and it has been separately mentioned in the present connection only with a view to emphasise its importance. Not satisfied with this, he has taken the two terras ‘Smṛti’ and ‘Śīla’ in the compound as inter-related; and as together standing for a single means of knowing Dharma, in the shape of ‘Recollection during that state of the mind when it is calm, free from all disturbing influences of love, hatred and so forth’, — i.e., ‘Conscientious Recollection.’ The authority of ‘Smṛti’ thus becomes qualified. Even though a certain writer may be a Ṛṣi versed in Veda, yet if his ‘recollection’ and its compilation come about at a time when his mind was perturbed by discordant feelings, much trust cannot be placed upon such ‘Recollection.’

This again has to be taken along with ‘Sādhūmām’; so that we have a threefold condition for the trustworthiness of a writer of Smṛti: —

he must be learned (‘tādvidām’),

he must be ‘conscientious,’ ‘free from love and hatred’ (‘Śīla’),

and he must be ‘righteous’ (‘Sādhūmām’), be habitually engaged in carrying out the injunctions of the Veda.

The upshot of the whole is that when a person is found to be recognised and spoken of by all wise and learned persons as endowed with the said three qualifications — and a certain compilation is also recognised as made by that person, — the word of such a person as found in his recognised work, should be recognised as an authoritative exponent of Dharma. Sc that even at the present day if there were such a person and he were to compose a work, then for all later generations that work would be regarded just as highly as those of Manu and others. This is the reason why Medhātithi is averse to the practice of enumerating the authoritative ‘Smṛtis.’ (Trans., p. 204.)

Sarvajñanārāyaṇa on Manu, 2.6. — In cases where no Vedic texts are available, the law can be determined with the help of the Smṛti of persons learned in the Veda — the term ‘Smṛti’ standing for the reflections over a certain subject, as also the treatises embodying those reflections.

Kullūka on Manu, 2.6. — The Smṛti of ‘persons learned in the Veda’ is authoritative, — this last qualification being added for the purpose of indicating that the authority of Smṛti is due to its having its source in the Veda.

Rāghavānanda on Manu, 2.6. — ‘Smṛti’ stands for the work of Manu and others. It stands here for only such Smṛti as is not incompatible with tho Veda. All the rest are to be rejected whenever they are found to be repugnant to any direct text of the Veda. But where there is no such repugnance, we are justified in assuming that the Smṛti must be based upon a Vedic text now lost to us; and it is on this assumption that its trustworthiness rests.

Nandana on Manu, 2.6. — The ‘Smṛti of men learned in the Veda.’ This stands for Smṛtis, Purāṇas and Itihāsas.

Viśvarūpa on Yājña, 1.7. — ‘Smṛti’ and ‘Dharmaśāstra’ are synonymous terms. “How do we know that the Smṛtis are all based upon the Veda, from which they derive their authority? Certainly we do not find Vedic texts in support of everything that is ordained in the Smṛtis. As for the Vedic texts that are found to support some Smṛti assertions, such support is found also in the case of the heterodox scriptures.” — The simple answer to this question is that in the face of the direct assertion of Manu and other Smṛti-writers that their work is ‘based on the Veda,’ we have no justification for thinking otherwise. They being great Vedic scholars, could not have lied on this point. As a matter of fact also we find that every one of the injunctions contained in the Smṛtis has its source in the Veda; in some cases the connection is direct, in others indirect; for instance, we have the single Vedic injunction ‘one should study the Veda’; now studying is not possible without teaching, hence the injunction of teaching is implied by the former — the teaching cannot be done without some one to teach; this implies the receiving and initiating of a pupil; this implies the necessity of having children; this again that of marrying and so on; most of the other injunctions may have their source traced in the single Vedic text.

(I) Aparārka on Yājña, 1.7. — ‘Smṛti’ is that ordinance which, in matters relating to Dharma, has its source in the Veda; its authority is ‘adulterated,’ i.e., not so absolute as that of Śruti; it supplies us with information regarding the duties of all castes and the four life-stages; one should carefully do all that has been ordained, Smṛtam, by persons most learned in the Veda and eschew what is forbidden by them. [This writer like Kumārila makes a distinction between ‘Smṛti’ and ‘Purāṇa.’] There are chances of our going astray in the matter of interpreting a Vedic text and learning the law from it; but there is no fear of any such mistake being committed by the Smṛti-writers who were thoroughly well-versed in the Vedic lore. [From this it would seem that this writer flourished during the transition period, when the centre of gravity was beginning to shift from the Veda towards the Smṛti.]

Mitākṣarā on Yājña, 1.7. — ‘Smrti’ is Dharmaśāstra.

Vīramitrodaya on Yājña, 1.7. — ‘Smṛti’ is ‘Dharmaśāstra’ — ‘Legal Ordinances’ (Manu 2-10); it is the sole authority regarding the Aṣṭakā and such rites.

Vīramitrodaya-Paribhāṣā, pp. 8-25. — ‘Of persons learned in the Veda’; this has been added with a view to make clear that the authority of the Smṛtis does not rest upon themselves: it is derived entirely from the fact of their having their source in the Veda. The name ‘Smṛti’ stands for the legal ordinances, ‘Dharmaśāstra,’ compiled by Yājñavalkya and others.

Madanapārijāta, p. 11. — Manu is the most important of the expounders of law. Among others, some are mentioned by Yājñavalkya (see above). But this list is not exhaustive. Though all these ‘expounders’ do not always agree, yet, on the main principles, they are all agreed; the differences, if any, are confined to minor points; and these latter discrepancies can always he explained.

Nṛsiṃhaprasāda-Saṃskāra MSS. — “How can any authority attach to the Smṛtis of Manu and others, which being of human origin are open to the suspicion of the possibility of all those defects to which human writers are liable; and for this reason these cannot be regarded as authoritative in the same manner as the Vedas are, whose authority is above suspicion.” — The answer to this is that inasmuch as these Smṛtis are found to be mere reproductions of what is contained in the Veda, they must be regarded as duly authoritative. The very name ‘Smṛti,’ ‘Recollection,’ implies that they only reproduce what the authors have learnt elsewhere; and as Manu and others are known to have been learned in the Veda it stands to reason that knowing as they did that the Veda was the sole authority on Dharma, when they proceeded to note down for the benefit of others what the laws were that regulated Dharma, they could not but have drawn upon the Veda. It is true that they arc found to contain many rules that we cannot trace to the Veda as known to us; but if they were mere reproductions of whatever is found in the Veda, no one would care for them. So we are led to the inference that as on most of the points dealt with by them, their assertions are found to be based on Vedic texts, the other points also must have had their source in the Veda; but in those Vedic texts that have become lost to us. We have the Veda itself testifying to the trustworthy character of at least one Smṛti-writer, Manu — ‘Whatever Manu has said is wholesome.’

Smrticandrikā, pp. 1 et scq. — The ordinances composed by Manu and other writers, being based on the Veda, are our sole authority on Dharma. That the Smṛtis have their source in the Veda is deduced from the fact that they only expound what is contained in the Veda. Says Bhṛgu — ‘Whatever Dharma has been expounded by Manu has all been set forth in the Veda.’ Śaṅkara also says that ‘the Smṛtis have their source in the Veda.’ But this refers to only what the Smṛti says regarding spiritual matters, and not to what they lay down regarding temporal matters; as is distinctly declared in the Purāṇa — ‘All these (smṛtis) have their source in the Veda — save those portions that deal with visible (temporal) matters.’

Question. — “When the Smṛti itself only expounds whatever is already set forth in the Veda and is on that account, based upon the Veda, then the Veda itself being sufficient for all purposes, what is the use of the Smṛti or Dharmaśāstra?” — The Smrticandrikā quotes Marīci as giving the answer to this question — ‘The requisite texts of the Veda are difficult to understand and are scattered about in various places; all these are collected and explained by the Smṛtis.’

The Purāṇas are also included under Smṛti, as the Veda itself names ‘Itihāsa-Purāṇa’ along with ‘the four Vedas.’ Viṣṇu also places the Purāṇas on the same footing as ‘Manu-Smṛti,’ ‘Veda and its subsidiary sciences,’ ‘Science of Healing.’

This establishes the authority of the authors of the Gṛhyasūtras also; since all that these do is to lay down practical manuals setting forth the details of the various rites along with the necessary Mantras belonging to that individual Vedic recension to which the manual is inferred to appertain. As says Devala — ‘Manu and others are the expounders of the Law; the authors of the Gṛhyas are the expounders of the application of Law.’

Saṃskāra-Mayūkha, p. 2. — The Smṛti includes the Āyurveda Smṛtis also, as also Purāṇa and the astronomical ‘Saṃhitās,’ compilations of Varāhamihira and others; as also the Saṃhitā texts which are included in the Skandapurāṇa.

Now we have got to determine what works are entitled to be classed under ‘Smṛti’ or ‘Dharma-Śāstra,’ which latter is what is meant by ‘Smrti.’

The original Smṛti-writers are thus enumerated by Yājñavalkya (1.4-5): —

Manu,

Viṣṇu,

Yama,

Aṅgiras,

Vaśiṣṭha,

Dakṣa,

Saṃvarta,

Śātātapa,

Parāśara,

Āpastamba,

Uśanas,

Vyāsa,

Kātyāyana,

Bṛhaspati,

Gautama,

Śaṅkha-Likhita,

Hārīta,

Atri,

and Yājñavalkya himself.

The following is from Parāśara (Ācāra 12-15), where Vyāsa relates to his father the Smṛtis he has already learnt:

Manu,

Vaśiṣṭha,

Kaśyapa,

Garga,

Gautama,

Uśanas,

Atri,

Viṣṇu,

Saṃvarta,

Dakṣa,

Aṅgiras,

Śātātapa,

Hārīta,

Yājñavalkya,

Āpastamba,

Śaṅkha,

Likhita,

Kātyāyana,

Pracetas.

On Parāśara (1.20), which speaks of ‘propounders of Smṛti,’ Mādhava (p. 98), mentions the following additional names:

Vyāsa,

Yama,

Parāśara,

Bhṛgu,

Nārada,

Baudhāyana,

Pitāmaha,

Sumantu,

Kāśyapa,

Babhru,

Paiṭhīnasi,

Vyāghra,

Satyavrata,

Bharadvāja,

Kārṣṇājini,

Jābāli,

Jamadagni,

Lokākṣi.

The Smṛticandrikā reproduces the same list.

Yājñavalkya and Kātyāyana being omitted, these two lists make the number 36.

The same writer quotes from the Mahābhārata the following: —

Umā-Maheśvara,

andi,

Brahmā,

umāra,

Dhūmrāyaṇa,

Kaṇva,

Vaiśvānara,

Bhṛgu,

Yājñavalkya,

Mārkaṇḍeya,

Kuśika,

Bharadvāja,

Bṛhaspati,

Kuni,

Kuṇibāhu,

Viśvāmitra,

Sumantu,

Jaimini,

Śakuni,

Pulastya,

Pulaha,

Pāvaka,

Agastya,

Mudgala,

Śāṇḍilya,

Solabhāyana,

Bālakhilya,

Saptarṣi,

Vyāghra,

Vyāsa,

Vibhāṇḍaka,

Vidura,

Bhṛgu,

Aṅgiras,

Vaiśampāyana.

The Smṛticandrikā reproduces Paiṭhīnasi’s list (given by Mādhava), but adds that the list is not exhaustive, as in addition to them there are others also, eg., Vatsa, Marīci, Devala, Pāraskara, Pulastya, Pulaha, Kratu, Ṛṣyaśṛṅga, Likhita and Chāgaleva. It quotes Śaṅkha as enumerating

Manu,

Yama,

Dakṣa,

Viṣṇu,

Aṅgiras,

Bṛhaspati,

Uśanas,

Āpastamba,

Gautama,

Saṃvarta,

Ātreya,

Hārīta,

Kātyāyana,

Śaṅkha,

Likhita,

Parāśara,

Vyāsa,

Śātātapa,

Pracetas,

Yājñavalkya.

Also Aṅgiras quoted mentions the following and calls them Upa-Smṛti:

Logākṣi,

Kāśyapa,

Vyāsa,

Sanatkumāra,

Śāntanu,

Janaka,

Vyāghra,

Kātyāyana,

Jātūkarṇa,

Kapiñjala,

Baudhāyana,

Kaṇāda,

and Viśvāmitra.

Yājñavalkya’s and Paiṭhīnasi’s lists are reproduced also by the Saṃskāramayūkha (p. 2). To them it adds ‘Viśvāmitra and the rest.’

The Purāṇa has been defined as that which has five characteristic features in the shape of the accounts of (1) Creation, (2) Dissolution, (3) Genealogy, (4) Age-Cycles, and (5) History of Dynasties.

The Viṣṇupurāna names the following eighteen Purāṇas and the Bhāgavata adds the number of verses in each:

Brahma, 10,000,

Padma, 55,000,

Viṣṇu, 23,000,

Śiva, 24,000,

Bhāgavata, 18,000,

Nāradīya, 25,000,

Mārkaṇḍeya, 9,000,

Agni, 15,400,

Bhaviṣya, 14,500,

Brahmavaivarta, 18,000,

Liṅga, 10,600,

Varāha, 24,500,

Skanda, 81,000,

āmana, 10,000,

Kūrma, 17.000,

Matsya, 14,000,

Garuḍa, 19,000

and Brahmāṇḍa, 12,000.

Total number of verses, 4,00,000.

The Brahmavaivarta has the Vāyupurāṇa in place of the Brahmāṇḍa, and this diversity is due to the two enumerations referring to two distinct cycles.

In addition to these eighteen ‘Purāṇas,’ there are 18 ‘Upapurāṇas,’ ‘secondary Purāṇas.’ These have been named in the Kūrmapurāṇa:

Sanatkumāra,

Narasiṃha, 18.000,

Nānda (recited by Kumāra),

Śivadharma (recited by Nandīśvara),

Nāradīya,

Durvāsas,

Kāpila,

Mānava,

Uśanas,

Brahmāṇḍa,

Vāruṇa,

Kālikā,

Māheśvara,

Śāmba,

Saura,

Parāśara,

Mārīca,

and Bhārgava.

In place of ‘Nānda,’ the Brahmavaivarta has Vāśiṣṭha-Laiṅga.

The Saṃskāramayūkha also reproduces the lists of the Viṣṇupurāṇa (for Purāṇas) and of Kūrmapurāṇa (for Upapurāṇas).

Vīramitrodaya, Paribhāṣā, pp. 10-24. — The knowledge of ‘Veda’ implies also the knowledge of certain other branches of study, which is essential to the proper understanding of the Veda. These have been thus enumerated by Yājñavalkya — ‘There are fourteen departments of knowledge and of Dharma. The four (1-4) Vedas along with (5) Purāṇas, (6) Nyāya, (7) Mīmāṃsā, (8) Dharma-Śāstra, (9-14) the six ‘Limbs’ or subsidiary sciences of the Veda.’

Here ‘Nyāya’ stands for the system propounded by Gautama and others, dealing with such subjects as the means of knowledge and so forth, ‘Mīmāṃsā’ for the system of interpretation propounded by Jaimini and that of philosophy propounded by Bādarāyaṇa, ‘Dharmaśāstra’ for the ordinances of Manu and others, and ‘Limbs of the Veda’ for — (a) Phonetics, (b) Rituals, (c) Grammar, (d) Etymology, (e) Prosody and (f) Astronomy.

There is a diversity of opinion regarding the lists of recognised ‘Purāṇas’ and ‘Dharmaśāstras,’ as shown above.

Smṛticandrikā, p. 5. — ‘Purāṇa’ — the Brahma and the rest; — ‘Nyāya’ — Reasoning; ‘Mīmāṃsā,’ discussion relating to the exact meaning of Vedic passages; — ‘Dharmaśāstra,’ the Smṛtis of Manu and others; and the four Vedas with the six ‘subsidiary sciences’ are the ‘means’ of knowing Dharma; and also of Dharma itself, through that knowledge.

 

(C) Sadācāra

Medhātithi on Manu, 2-6. — ‘Sādhūnām āchāraḥ,’ ‘Practice of good men’ also has to be construed with ‘Vedavidām’ ‘learned in the Veda,’ and the two qualifications ‘Goodness’ and ‘Vedic learning,’ come under ‘culture.’ When in regard to any action, there are no Vedic or Smṛti declarations available, but cultured people are found to do it as ‘Dharma,’ — something right — then that action is to be regarded as ‘enjoined in the Veda’ in the same manner as anything laid down in the Smṛti. What are meant by ‘practices’ here are such customs as the tying of the bracelet at marriage, the keeping of an exact number of hair-locks on the head, the exact manner of receiving guests and so forth. Each of such practices has to be taken on its own merits; it is not possible to assume Vedic texts corroborating those ither severally or even collectively; as the rightness or wrongness of a certain practice varies with circumstances; e.g., a certain cultured man may be very assiduous in attending upon his guests — never leaving them for a single moment unattended, and so forth. This may he quite agreeable to one guest who likes constant attendance; but there may be another to whom all this close attendance is disagreeable; he would prefer much rather to be left alone to himself. There is no such variation possible in regard to what is prescribed in the Smṛti; and herein lies the difference between what is prescribed in the ‘Smṛti’ and what can be learnt from the ‘Practices of the cultured.’

Sarvajñanārāyaṇa on Manu, 2-0. — In cases where we find no guidance either from Vedic texts or Smṛti or the Śīla of learned men, we have to be guided by the ‘Ācāra,’ Practice, of ‘Sādhus,’ persons engaged in the performance of acts in accordance with the Veda. ‘Ācāra’ really stands for the recalling and practising of what has been done by the good men of the past, i.e., Usage or Custom. — This is regarded as inferior to ‘Śīla’ on account of the possibility of suspicion regarding the correctness of tradition upon which it is based.

Kullūka on Manu, 2-6. — ‘Ācāra’ stands for the practice of dressing oneself in blankets or tree-bark and so forth.

‘Sādhūnām’; of the good, i.e., righteous persons.

Rāghavānanda on Manu, 2-6. — Such practice as binding of the bracelet at marriage and so forth, which is current among ‘Sādhus,’ i.e., people free from ill feeling.

Nandana on Manu, 2-6. — Nandana takes ‘Ācāra’ by itself offering no remarks about it, and construes ‘Sādhūnām’ with ‘Ātmanastuṣṭi.’

Viśvarūpa on Yājña, 1-7. — ‘Sadāchāra’ stands for those religious or spiritual (as distinguished from temporal or worldly) acts that are done by such men as are free from selfishness and devoid of hypocrisy and other defects. This is mentioned apart from ‘Smṛti,’ (1) because there is no compilation of the said practices, as there is of the ordinances; and (2) the trustworthiness of practices is doubtful, which is not the case with Smṛti.

Aparārka on Yājña, 1-7. — ‘Sadāchāra’ is the practice of cultured people, i.e., such people as are free from ill-will, vanity, possessed of sufficient funds (i.e., not in want of living), not greedy, free from hypocrisy, haughtiness, avarice, stupidity and anger; those who have studied the Veda and its supplements in the right manner, and are expert in making deductions therefrom (Baudhāyana), — the supplements being the Itihāsas, Purāṇas, and also Grammar and the other subsidiary sciences; ‘those expert in making deductions therefrom’ are those versed in the Smṛtis, — the latter being regarded as indicative of the Veda. When the texts speak of ‘Sadāchāra’ as an authority what they refer to is the fact that the customs obtaining in Brahmāvarta and other civilised lands are all based on the Veda (and not that custom qua custom is to be accepted as in itself authoritative): any custom that is repugnant to any clear text of the Veda is to be rejected. Vaśiṣṭha’s declaration that ‘all the customs current in Āryāvarta are authoritative’ means that most of them are so; as is clear from another declaration of his to the effect that customs of the cultured are to be accepted as authority only on points where no Veda or Smṛti texts are available.

Mitākṣarā on Yājña, 1-7. — ‘Sadāchāra’ — practice of the cultured, not of the uncultured.

Vīramitrodaya on Yājña, 1-7. — ‘Sadāchāra’ is thus defined in the Viṣṇupurāṇa: “Good men, free from all defects, are called Sat, and their practice, Ācaraṇa, is what is called ‘Sadāchāra.’” It is the sole authority in regard to the Holākā and such observances.

Vīramitrodaya-Paribhāṣā, pp. 8-29. — Gautama declares that such local, tribal and family customs as arc repugnant to the scriptures are not authoritative; — ‘Scripture’ here stands for ‘Veda, Smṛti and Purāṇa.’ This Ācāra stands for positive virtues, as distinguished from ‘Śīla’ which stands for the negative ones. If we connect ‘Sādhūnām’ with ‘āchāraḥ,’ then the meaning comes to be that the practices of even those not learned in the Veda are to be accepted as authoritative, when these are men free from all weaknesses and defects; it is in this sense that in the case of Śūdraṣ, the practices of one’s ancestors become an authoritative source of knowledge of Dharma.

Parāśaramādhava, p. 100. — ‘Sadāchāra’ — e.g., Holākā, Udvṛṣabha and the like. Those who ‘expound’ or ‘determine’ these are the elders of each family or tribe.

Madanapārijāta, pp. 11-12. — Dharma depends upon ‘Ācāra’ — [But this term is used here in a very wide sense, being defined as] — ‘Ācāra is the name of that course of conduct which is enjoined in Śruti and Smṛti and which is prescribed by the Good.’ — This āchāra is to be learnt from persons born in Madhyadeśa and other countries: — (a) the tract of land between Sarasvatī and Dṛṣadvatī — Brahmāvarta; (b) between Himalaya and Vindhya and between Gaṅgā and Yamunā, West of Prayāga — Madhyadeśa; (e) between Himalaya and Vindhya and the Eastern and Western Oceans — Āryāvarta.

Nṛsiṃhaprasāda-Saṃskāra. — “It is difficult to believe that the endless practices or customs that have grown, and are still growing up from time to time, should be all based upon Vedic texts. Even Manu’s declaration cannot be taken as testifying to the authority of each and every custom. For if their authority rested upon the trustworthy character of the ‘cultured’ persons among whom it is current, then there would be an interdependence; the people would be ‘cultured’ because they follow those practices and the practices would be authoritative because they are followed by those persons. Further, customs and practices are found to vary in different parts of the country; and certainly all of these cannot he authoritative.”

It is not each and every practice of the ‘cultured’ that we regard as authoritative; that alone can be regarded as a trustworthy guide which is done by the cultured people as ‘Dharma,’ that which they do knowing it to be ‘righteous.’ And certainly the many misdeeds of well-known great men that are cited could not have been done by them as ‘dharma’; when the learned regard an act as ‘dharma’ they must do so on the strength of some Vedic text known to them; hence these Practices and Customs also must be inferred to have their source in the Veda.

Smṛticandrikā, p. 5. — ‘Ācāra’ stands for the tying of the bracelet and such practices.

Ibid, p. 6. — The ‘Śiṣṭaṣ,’ ‘cultured,’ are defined by Manu (12-109) —

dharmeṇādhigato yaistu vedaḥ saparibṛṃhaṇaḥ |
te śiṣṭā brāhmaṇā jñeyāḥ śrutipratyakṣahetavaḥ ||

The paribṛṃhaṇa of the Veda being the subsidiary sciences, Itihāsa and Purāṇa. Says Bṛhaspati —

itihāsapurāṇābhyāṃ vedaṃ samupabṛṃhayet |

[This occurs in the Mahābhārata also.]

On questions where we find no Śruti or Smṛti text we are to be guided by the opinion of the ‘Pariṣad,’ ‘Assembly.’ Says Manu (12.108) —

amāmnāteṣu dharmeṣu kathaṃ syāditi ced bhavet |
yaṃ śiṣṭā brāhmaṇā brūyuḥ sa dharmaḥ syādaśaṅkitaḥ ||

This ‘Assembly’ should consist of at least 10 ‘cultured’ men — as declared by Gautama —

anāmnāte daśāvaraiḥ śiṣṭairūhavadbhiḥ alubdhaiḥ praśastaṃ kāryam |

That is, what these people say is ‘good’ should be done. Baudhāyana also prescribes the same number — daśāvarā pariṣat |

Yājñavalkya says —

catvāro vedadharmajñāḥ parṣat traividyameva vā |
sā brūte yaṃ sa dharmaḥ syādeko vā'dhyātmavittamaḥ ||

by which the Assembly should consist either (1) of four men versed in the Veda and the Dharmaśāstra, or (2) of those men each versed in three Vedas, or (3), of only one man who is the best ‘knower of the philosophy of the Self.’

Manu also (12.110 and 112) fixes the number at (1) ten or (2) three of those who are fully learned in the three Vedas.

The opinion of this ‘Assembly’ is as authoritative as the Veda itself, — says Yama.

Manu (4.178) sanctions the authority of ‘Family Custom’ —

yenāsya pitaro yātā yena yātāḥ pitāmahāḥ |
tena yāyāt satāṃ mārgaṃ tena gacchanna riṣyati ||

But this can be a guide only in matters where the scriptures are found to he at variance with one another; — as is clear from the words of Sumantu —

yatra śāstragatirbhinnā sarvakarmasu bhārat |
tasmin kulakramāyātmācāraṃ tvācared brudhaḥ ||

Saṃskāramayūkha, p. 1. — That ‘Sadāchāra’ is authoritative which is not repugnant to Veda and Smṛti texts.

(D) Śīla — Samyak-Saṅkalpaja-Kāma (Mentioned in Manu 2-6.)

Medhātithi on Manu, 2.6. — Medhātithi takes the two terms ‘Śīla’ and ‘Smṛti’ as interrelated, — the two together standing for ‘conscientious recollection’ (see under ‘Smṛti’), so that according to him ‘Śīla’ is not a distinct means of knowing Dharma. He also suggests another explanation of ‘Śīla’ by which it pertains to all acts; the meaning being that whatever one does one should do with the mind free from all ‘love and hate.’

Sarvajñanārāyāṇa on Manu, 2.6. — In cases where neither Vedic nor Smṛti tests are available one’s duty can be determined on the basis of the ‘Śīla’ of a large number of persons learned in the Veda, i.e., their ‘natural inclination,’ ‘temperament.’ In support of the authority of this we have the Vedic text which declares that ‘whatever the learned man feels is to be regarded saintly’; — wherever this is not available, we have to he guided by the ‘āchāra,’ practice, of ‘Sādhus.’

Kullūka on Manu, 2.6. — ‘Śīla’ stands for ‘devotion to Brahman’ and such other qualities enumerated by Hārīta (ride above). According to Govindarāja however it stands for ‘freedom from love and hate.’

Rāghavānanda on Manu, 2.6. — ‘Śīla’ is conduct, action, of those learned in the Veda, i.e., those who know that the injunctions contained in the Veda are to he acted up to; or it may stand for the thirteen qualities spoken of by Hārīta (see above).

Nandana on Manu, 2.6. — Nandana defines it as ‘that excellent quality of the soul which makes a man respected among the wise,’ as defined in the Mahābhārata; as an example is cited that magnanimity which was shown by Yudhiṣṭhira when he asked for the life of his stepbrother Nakula before that of his brother Bhīma and Arjuna, when all of them had been devoured by the alligator.

Yājñavalkya, 1.7. — speaks of Samyakṣaṅkalpajaḥ kāmaḥ, determination or judgment after full reflection.

Aparārka on Yājña, 1-7. — This means ‘that desire to act in a certain way which arises from rightful volition,’ i.e., the determination to attain a certain object by a definite means in accordance with the Scriptures.

According to Viśvarūpa this helps only in determining one out of a number of optional alternatives.

Vīramitrodaya on Yājña, 1-7. — ‘Samyakṣaṅkalpa’ is such volition as is free from love, hatred and such aberrations. ‘Kāma’, a well-considered vow. Or this may be the same as what Manu has called ‘Śīla,’ which has been described in the Mahābhārata as consisting in knowledge and sympathy, in thought, word and act, towards all living beings; — this is called a ‘source of Dharma’ in the sense that it is helpful in the man possessed of this quality being better able to understand what is said in the Veda. Hārīta has described ‘Śīla’ as consisting in the following ten qualities: — ‘Devotion to Brāhmaṇas, Gods and Pitṛs, sympathy, freedom from jealousy, kindly disposition, friendliness, sweet words, mercy and calmness.’ This is to be accepted as authoritative only in regard to those cases of doing (such acts as the helping of a Brāhmaṇa) which are not covered by the Vedic injunctions bearing on the subject. According to others, however, it is the authority in regard to such determinations as ‘I shall not drink water except with food.’

Another interpretation of the whole verse . — ‘ Samyak’ qualifies ‘Śruti,’ and means ‘duly understood’; and it also qualifies ‘Smṛti,’ where it means ‘based upon the Veda’; —

‘Svasya’ is to be taken by itself and construed with ‘āchāraḥ’ the meaning being ‘the practice or custom of one’s own ancestors’: — ‘priyam ātmanaḥ’ means ‘self-satisfaction’; ‘Samyakṣaṅkalpajaḥ kāmaḥ’ means the desire to act in a certain way after proper reflection; this would vary with different individuals; some men would be satisfied with the mere assertion of a trustworthy person,while others would want corroborative texts.

Mitākṣarā on Yājña, 1.7. — Such desire as is not repugnant to the scriptures, e.g., in such cases as the determination not to drink water except with food.

Vīramitrodaya-Paribhāṣā, p. 10. — This means a ‘well-considered vow’ such as ‘I shall not drink water except with food’; or it may stand for the ‘desire to do good and so forth which arises from a proper, i.e., philanthropic, determination’; in this sense it stands for the same thing as the ‘Śīla’ in Manu’s text.

Vīramitrodaya-Paribhāṣā, pp. 8-25. — The term ‘Śīla’ stands for the thirteen qualities enumerated by Hārīta. It stands, it will be seen, for the negative virtues, and is as such distinguished from ‘Ācāra,’ practice or custom, which stands for the positive ones.

On Yājña. 1.7 the Vīramitrodaya identifies the Śīla of Manu with the ‘Samyakṣaṅkalpajakāma’ of Yājñavalkya.

Smṛticandrikā, p. 5. — ‘Śīla’ connotes freedom from love, hatred and so forth.

(E) Ātmanastuṣṭi — Svasya Priyam

Medhātithi on Manu, 2.6. — This ‘self-satisfaction’ is meant to be of those only who are ‘learned in the Veda and good’ (‘Vedavidām sādhūnām’), the idea of this being that the ‘source of Dharma’ is based upon the trustworthy character of the persons concerned. When the ‘learned and good’ feel satisfied regarding the righteousness of a certain action, that action must be accepted as right; because such men can never feel satisfied with anything that is wrong. The older treatises however have explained the meaning to be that in oases of optional alternatives that alternative should be adopted in regard to which the man’s own mind feels satisfied. There is yet another explanation by which what is meant is that ‘whenever one is doing anything he should keep his mind tranquil and calm’ and in this sense like ‘Śīla,’ ‘freedom from love and hate,’ this ‘self-satisfaction’ also pertains to ‘all acts.’

Sarvajñanārāyaṇa on Manu, 2.6. — In cases where we have no other means of ascertaining the right course of action, we are to he guided by ‘self-satisfaction’; i.e., we should do that the doing of which makes us feel easy at heart and satisfies the conscience. This is inferior to ‘Śīla’ and ‘Ācāra’ as it pertains to the mind of a single individual and hence is lacking in that corroboration by others which is available in the case of the other two.

Kullūka on Manu, 2.6. — ‘Self-satisfaction’ is authoritative only in regard to the choice of alternatives.

Nandana on Manu, 2.6. — Nandana construes this with

‘Sādhūnām,’ by which explanation the meaning is that the self-satisfaction of exceptionally righteous persons is to be regarded as trustworthy.

Viśvarūpa on Yājña, 1.7. — ‘Self-satisfaction’ meant here is such as is not incompatible with Vedic texts, and is not due to restlessness; — the taking to renunciation, for instance, during a time when the family is in trouble, would not be ‘lawful,’ even though one may feel self-satisfaction in it......‘Svasya ca priyam ātmanaḥ’ may also mean ‘Liberation.’

Mitākṣarā on Yājña, 1.7. — ‘Self-satisfaction’ serves to determine which one of several sanctioned alternatives has to be adopted, e.g., the performance of Upanayan in the 7th or the 8th year.

Aparārka on Yājña, 1.7. — It is that which brings satisfaction to one’s own mind. This is to be accepted as authority only in regard to cases that are distinctly declared to be subject to such authority, in such texts as ‘when one feels that there is a load in his mind until a certain act is done, that act he shall do.’

Vīramitrodaya on Yājña, 1.7. — ‘Svasya priyam’ means ‘self-satisfaction’; i.e., the satisfaction regarding the propriety of a certain act, in the mind of such men as arc steeped in Vedic tradition. This same idea is expressed by Bhaṭṭa Kumārila in the verse etena vaidikāneka ‘Trustworthiness belongs to the self-satisfaction of such persons as have their minds steeped in the moral grandeur of the Veda.’ This ‘self-satisfaction’ must be that of the enquirer himself, and he cannot go about seeking for that of all Vedic scholars. This is the sole authority in regard to such questions as to whether or not the performance of the expiation of a certain sin shall be repeated; this having been declared by Bṛhaspati: — ‘One should go, on doing an act until his mind becomes lightened,’ — i.e., free from the incubus of the sinful act committed. Others, however, have held that ‘self-satisfaction’ is what determines which of the several equally authoritative alternative courses of action one shall adopt.

Vīramitrodaya-Paribhāṣā, pp. 8-25. — ‘Sādhūnām’ in Manu has to be construed with ‘tuṣṭiḥ’; the sense being that when there is a doubt as to what is ‘right,’ that course of action is to be accepted as ‘right’ with regard to which there is satisfaction among ‘good men,’ i.e., men whose minds are steeped in Vedic lore. Such is the explanation given by the Kalpataru; this view has the support also of a Taittirīya text, which says — ‘When there are doubts regarding what is right, one should act in the manner that those Brāhmaṇas act who are impartial, judicious, trustworthy and highly righteous.’ This implies the authority also of the Pariṣad, ‘Council’ or ‘Assembly.’ This ‘self-satisfaction’ is authoritative only in the determining of one out of a number of optional alternatives, and there too it is authority only for the man himself; and the ‘self-satisfaction’ of one man can have no authority for another.

Nṛsiṃhaprasāda-Saṃskāra - M S. — Mere self-satisfaction is not authoritative. What is meant is that when a cultured and learned man feels satisfied that a certain course of action is righteous, that satisfaction itself is to be regarded as a trustworthy guide.

Smṛticandrikā, p. 5. — This is authority only in determining one of several optional alternatives.

Comparative Authority

Manu, 2.10. — ‘The Veda is to be known as Śruti, R evealed Word, and the Dharmaśāstra, Legal Ordinances, as Smṛti; in all matters these two do not deserve to be criticised.’

According to Medhātithi, ‘Custom’ also is included under ‘Smṛti’ here. Kullūka does not accept this view; according to him the text puts the Smṛti distinctly above Custom, which means that Custom contrary to Smṛti is to he rejected.

Manu (2.14) says — ‘Whenever there is conflict between two Vedic texts, both are to be regarded as lawful’; the same with two Smṛti texts, adds Medhātithi; i.e., the two courses of action laid down by the conflicting texts are to be treated as optional alternatives.

Viśvarūpa on yājñavalkya, 1.7. — According to Manu, in all purely spiritual matters the Veda is the highest authority; the Smṛti-writers themselves regard the authority of the Smṛti as extremely weak in comparison with that of the Śruti; all which leads to the conclusion that when Smṛti conflicts with Śruti, it is to he rejected.

Aparārka on Yājña, 1.7. — In the determining of Dharma, says Vyāsa, the Veda is the only pure source of knowledge, ‘pure,’ i. e., whose authority is beyond suspicion; — all the rest are ‘mixed’ — i. e., their authority is open to doubt. Hence that is the highest Dharma which is learnt from the Veda; what is declared in the Purāṇa anil other works is the lower Dharma. All other works of human origin are to be rejected in the matter of Dharma. Vaśiṣṭha says that “Dharma is that which is prescribed by Śruti and Smṛti; and it is in the absence of these that the ‘Practice of the Cultured’ is to be accepted as authoritative.”

Saṃskāramayūkha, p. 1. —

The order is

Śruti,

Smṛti,

Sadācāra,

Svasya Priyam,

Samyakṣaṅkalpaja-kāma.

Among Smṛtis Manu is most authoritative, as says Aṅgiras — manvarthaviparītā tu yā smṛtiḥ sā na śasyate (i.e., not to be honoured). Also the Veda itself — yad vai manuravadat tad bheṣajam | Smṛticandrikā, pp. 15-17. — Says Manu (2.14) — tu yatra syāt tatra dharmāvabhau smṛtau, i.e., where two Śruti texts are mutually contradictory, both are right; i.e., the two courses laid down are to be treated as optional alternatives. The same rule applies to cases of conflict between two Smṛti texts; says Gautama tustyabalavirodhe vikalpaḥ. — When there is conflict between Śruti and Smṛti the latter is to be rejected; so also when Custom conflicts with Smṛti, the former is rejected, as is clear from Vaśiṣṭha’s words — śrutismṛtivihito dharmaḥ tadabhāve śiṣṭācāraḥ pramāṇam. The same applies to the opinion of the Assembly also. When there is conflict between Manu and another Smṛti, the former is to be accepted; as says Aṅgiras: —

yat pūrvaṃ manunā proktaṃ dharmaśāstramanuttamam |
na hi tat samatikrasya vacanaṃ hitamātmanaḥ ||

Also Bṛhaspati —

vedā(du|rtho)panibaddhatvāt prādhānyaṃ tu manoḥ smṛtaṃ |

In cases where the same act is prescribed in equally authoritative texts in two different forms, we have to accept the more elaborate of the two and reject the simpler.

Vīramitrodaya-Paribhāṣā, pp. 25-29. — When there is a conflict between two Vedic texts, both are to be regarded as equally authoritative, and in actual practice the two courses of action are to be treated as optional alternatives. Similarly when there is a conflict between two Smṛti texts or between two ‘customs.’ When there is conflict between a Vedic text and a Smṛti text, preference is to he given to the former as possessed of inherent authority, while the latter owes its authority to an assumed Vedic text. When there is a conflict between a Smṛti text and a Custom, the Smṛti is to he regarded as the more authoritative; e.g., the custom of the marrying of the maternal uncle’s daughter cannot he accepted as authoritative when it is found to be in conflict with the distinct Smṛti text forbidding that practice.

There is a further distinction among authorities of the same class also. For instance, between two Vedic texts, if one is of doubtful import while the meaning of the other is clear, then the latter is to be given preference. If one treats of a more important matter than the other, it is to be given preference; e.g., if one deals with something to be done, while the other, with a minor detail of the act, the former is to set aside the latter. What occurs in the opening sentence sets aside what occurs in the concluding sentence; e.g., the opening sentence speaks of the ‘three Vedas,’ and the concluding sentence speaks of the ‘Ṛk Verse’ as to he recited ‘loudly,’ the signification of the word ‘Ṛk’ in the latter is sublated by that of the word ‘Veda’in the former, and the ‘loudness’ becomes connected with the three Vedas, and not with the Mantras of the Ṛk Veda only. If what is said in one text is beset with more difficulties than what occurs in another, then the former is to be rejected; e.g., one text lays down that a man who accepts the gift of horses should perform as many sacrifices as the horses he receives; while another speaks of Prajāpati having given a horse to Varuṇa and performed a sacrifice to this deity — by which the giver and not the receiver, is to perform the sacrifice; — now if we accept the former, i.e., if we accept the view that the sacrifice is to be performed by the receiver of the gift, then we shall have the following difficulties in the construing of the latter text: (1) it will be necessary to take the Dative in ‘Varuṇāya’ (‘to Varuṇa’) as standing for the Ablative (‘from Varuṇa’), and (2) to take the verb ‘given’ as standing for ‘accepted’; while on the other hand, if we accept the latter text, according to which the sacrifice is to be performed by the giver of the horse, then the only difficulty involved in the construing of the former text is to take the verb ‘accept’ as standing for ‘give’; and hence it is the former text that is rejected, and the conclusion is that the giver of a horse is to perform sacrifices. Where one thing is enjoined in connection with a particular Veda, this is given preference over what would apply to that same, in accordance with what has been prescribed in connection with another Veda; e.g., in connection with the Yajurveda we have the injunction that its Mantras are to be recited in an undertone; in accordance with this rule one may be led to think that the chanting of the Vāravantīya (Sāma-hymn) is to be done in an undertone; but this is precluded by the ‘high pitch’ that has been enjoined in connection with the chanting of the mantras of the Sāma-Veda. What is enjoined in regard to the particular ‘Vedic Recensional School’ to which the performer’s family belongs is given preference over what may have been enjoined in connection with another school. The general law is superseded by the particular, and so on.

In the case of Smṛtis also, — the ‘orthodox’ Smṛti sets aside the ‘heterodox,’ — among the ‘orthodox’ Smṛtis also, if a certain course of action is sanctioned by one, hut condemned by another, the latter sets aside the former, and the action in question is to he avoided. What is laid down in reference to imperceptible transcendental effects sets aside what is enjoined for temporal or worldly ends; e.g., the law prohibiting the killing of the Brāhmaṇa sets aside the law that ‘one may kill a person who is threatening to kill,’ as the latter course of action is meant only to serve the perceptible purpose of saving one’s life.. The Smṛti that is based upon a Vedic Arthavāda is set aside by that which is based upon a Vedic injunction; e.g., the law sanctioning the killing of the cow in honour of an honoured guest, — being based upon an Arthavāda passage commendatory of the ‘churning’ or ‘rubbing’ of sticks, — is set aside by that which prohibits the said killing, — this latter being based upon the Vedic injunctive passage — ‘Kill not Aditi, the hornless cow.’

Among ‘Custom,’ ‘self-satisfaction’ and ‘well considered vow,’ — the preceding is more authoritative than the following; as declared by the Mitākṣarā.

In some cases what is sanctioned by higher authority is rejected by what is said by a lower authority; e.g., the drinking of wine (at the Sautrāmaṇi sacrifice), even though enjoined by the Veda, is not considered right, in view of its prohibition during Kali - Yuga contained in the Smṛti.

Any Smṛti that goes against the ordinances of Manu is to be rejected — as declared by Bṛhaspati (see above). This is the view of the Kalpataru also. — Customs, local, tribal as well as family, are to be rejected if repugnant to the Veda or the Smṛti or the Purāṇa.

As between Śruti and Smṛti, the conclusion arrived at is thus expressed by Vyāsa: — ‘That law which is deduced from the Veda is the higher, while that declared in the Purāṇa and other Smṛtis is the lower; which means that in cases of conflict our first duty is to do what is laid down in the Veda, and the doing of what is declared in the Smṛti can be justified only as a substitute, i.e., to be adopted only when there is no possibility of the other being adopted. And this for the simple reason that according to Manu (11.30), if one follows the ‘second best’ course when the best course is possible, his action becomes futile; so that tho conclusion indicated by this is that even in cases of conflict tho Smṛti does not entirely lose its authoritative character; all that happens is that the course of action sanctioned by it is rendered fruitless by reason of the superiority of authority attaching to the Vedic text to the contrary.

The variability of the Law is unfeignedly declared by Parāśara in 1.22: —

‘The Law or the Right is one in the Kṛta Cycle, different in the Tretā Cycle, yet different in the Dvāpara Cycle, and yet different in the Kali Cycle, — varying as it does with the character of the Time-Cycles.’

On this Mādhava makes the following observations: —

The ‘difference’ spoken of here is, not of the nature or essence, of the Law or Right, but of its modes. If it were the former, then it would imply a corresponding diversity in the Veda also, as the source of that Law; while as a matter of fact, the Veda does not vary with the time-cycles. As regards the modes however, we have several instances of diversity; for instance, though the act of the Agnihotra- offering itself is the same, yet there is diversity in regard to the mode of performing it according as it is performed in the morning or in the evening. For instance, at the evening-performance the sprinkling is to be done with the mantra ‘Ṛtantva satyena pariṣiñchāmi,’ while that at the morning-performance with the mantra ‘Satyantva ṛtena pariṣiñchāmi.’ Thus in the present instance also, the variation lies in the mode of doing what is ‘right,’ and not in what is ‘right’ itself; the variations being due to the nature of the time-cycle and of the capacity of the man doing the acts. This matter has been fully discussed in the Mīmāṃsā-Sūtra VI.3, where the conclusion arrived at is that in the case of the Agnihotra and such other obligatory rites, only those prescribed details have to be performed which it is within the capacity of the performer to perform. Baudhāyana also has declared that the obligatory acts are to be performed to the extent that one can; they should, on no account, be entirely omitted.

The most important instance of variation is cited by Parāśara (1.23) himself — “In the Kṛta Cycle, Austerity is the highest Dharma or Duty; — in the Tretā, Learning; — in the Dvāpara, Sacrifice, — and in the Kali, Charity.” To the last Bṛhaspati adds ‘sympathy and self-control.’

There is variation, according to Parāśara (1.24), not only in Law, but also in the authority: — ‘Duringthe Kṛa, the Laws are those ordained by Manu, — during the Tretā, those ordained by Gautama, — during the Dvāpara, those ordained by Śaṅkha-Likhita, — and during the Kali, those ordained by Parāśara.’ This distinction however has never been observed in actual practice, as even up to the present time, the work of Manu holds the highest position among the Smṛtis.

Conclusion

From the above we conclude that all the authorities are agreed on the following points — (a) The Veda is the first and paramount authority, (b) The Smṛti is authoritative only in so far as it is not repugnant to the Veda, to which it owes its authority; but only on matters on which we have no paramount authority, (c) Practices or Customs are trustworthy guides, only as they are current among the ‘cultured,’ and then too only those that are not repugnant to Vedic or Smṛti texts. (d) The same with regard to Tribal or Family Customs. (e) The judgment of the ‘Assembly’ of the learned is to be accepted as authoritative only when it is not repugnant to the Veda, and only when tho judgment is ‘unbiased’ by improper feelings. There is not a single text, or ‘explanation,’ which favours the opinion that Custom is to override original texts, — an opinion that has been upheld by the Privy Council, and endorsed by eminent writers on Anglo-Hindu Law. Neither Vijñāneśvara (Mitākṣarā) nor Jīmūtavāhana (Dharmaratna) nor Nīlakaṇṭha (Mayūkha) countenances any such view; and these three are regarded by our lawyers as the founders of the principal ‘Schools of Law.’

 

 

VERSE 2.7

Section III - Sources of Knowledge of Dharma

 

यः कश्चित् कस्य चिद् धर्मो मनुना परिकीर्तितः ।
स सर्वोऽभिहितो वेदे सर्वज्ञानमयो हि सः ॥७॥

yaḥ kaścit kasya cid dharmo manunā parikīrtitaḥ |
sa sarvo'bhihito vede sarvajñānamayo hi saḥ ||7||

 

Whatever Dharma for whatever person has been described by Manu, — all this is declared in the Veda; since the Veda embodies all knowledge. — (7)

 

Medhātithi’s commentary (manubhāṣya):

This verse proceeds to make it clear how the authority of the Smṛti (Recollection) is due to its connection with persons knowing the Veda.

‘Whatever Dharma’ — duties relating to castes, duties relating to life-stages, duties relating to sacramental rites, in their general or special forms — ‘for whatever person’ — for the Brāhmaṇa or other castes — ‘has been described by Manu’ — ‘all this is declared in the Veda’ — i.e., is expounded in it; how this is done has been shown in the preceding verse.

‘Since the Veda embodies all knowledge’; — Veda is the cause, the source, of all that is worth knowing, in regard to superphysical things. The affix ‘mayaṭ’ has been added in the sense that the Veda is made up of all knowledge; applying to ‘knowledge’ the character of being the product of the Veda. When one thing is the produot of another, the latter is spoken of as ‘embodying’ the former, i.e., of the same nature as the other; and Veda, being the source of knowledge, is said to ‘embody’ it. According to the Sāṅkhya theory of the Product being always existent in the Cause, the Cause is of the same nature as the Product.

Or, the meaning may be that ‘the Veda proceeds from all knowledge’ as its source; the ‘mayaṭ’ affix in this sense being used according to Pāṇini’s Sūtra 4.3.81. — (7)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 20.7.)

 

Comparative notes by various authors:

Taittirīya-Saṃhitā, 2-2-6.2. — ‘Whatever Manu has said is wholesome.’

Parāśara-Smṛti, 1.21. — ‘During each Kalpa Manu declares the Dharmas.’

 

 

VERSE 2.8

Section III - Sources of Knowledge of Dharma

 

सर्वं तु समवेक्ष्यैदं निखिलं ज्ञानचक्षुषा ।
श्रुतिप्रामाण्यतो विद्वान् स्वधर्मे निविशेत वै ॥८॥

sarvaṃ tu samavekṣyaidaṃ nikhilaṃ jñānacakṣuṣā |
śrutiprāmāṇyato vidvān svadharme niviśeta vai ||8||

 

Having fully perceived all this with the eye of knowledge, the learned man should enter upon his own duties, resting upon the authority of the Revealed Word. — (8)

 

Medhātithi’s commentary (manubhāṣya):

‘All this’ — all tilings that can be known, those that are created as well as those that are uncreated (eternal); all that is dealt with in the scriptures, what is amenable to perception and other ordinary means of knowledge, and also what is not so amenable.

‘Having perceived with the of knowledge’ — in the shape of the learning of and pondering over the various sciences of Reasoning, Grammar, Philology, Mīmāmsā and the rest. The study of the scriptures is called the ‘eye’ in the sense that it is like the eye, in being the instrument of knowledge; the similitude being that ‘Dharma is known by means of scriptures in the same way as Colour is known by means of the Eye.’

‘Honing perceived’ — i.e., after having ascertained by means of due consideration.

‘Resting upon the authority of the Revealed Word.’ — i.e., in accordance with the authority of the Veda.

‘Should enter upon his duties’ — i.e., perform his dharma.

After all the sciences have been studied, the trustworthy character becomes fully established, which is not done until the sciences have been duly studied. When a man carefully ponders over the sciences, he comes to the conclusion that there are no grounds for believing in the authority of these sciences, while there are reasons for trusting the authority of the Veda.

‘Sarvam,’ ‘all,’ qualifies all that is to be known; and ‘nikhilam,’ ‘fully,’ is an adverb modifying the participle ‘samavekṣya,’ ‘having perceived,’ — ‘Having fully perceived,’ — i.e., (1) having stated, in the form of the primâ facie Argument, all possible semi-arguments in support of the view that the other sciences are authoritative, — or that the Veda is not authoritative, — (2) having refuted those arguments by means of perfectly valid reasonings based upon the established theory, — when one states his own finally considered view, the final conclusion arrived at is that the Veda is authoritative; — all this is what is implied by the term ‘fully.’ Thus though the term ‘sarva’ and ‘nikhila’ are synonyms, yet since they serve two distinct purposes, they are not regarded as being a needless repetition.

The term ‘sva,’ ‘own’ is purely explanatory; what is the ‘duty’ of one man is not the ‘duty’ of another. — (8)

 

Explanatory notes by Ganganath Jha:

‘Idam’ — The Śāstras (Medhātithi, Govindarāja, Kullūka); — the ordinances of Manu (Nārāyaṇa); — the various said sources of the knowledge of Dharma (Nandana).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra, 1.21.5. — ‘One should undertake that act which he determines upon with due knowledge.’

Āpastamba, 2.2.2. — ‘For all castes, greatest happiness accrues from the performance of their own duties.’

Āpastamba, 2.16.1. — ‘Those who act after proper discrimination become reputed as highly righteous, and these are persons whose act has been described by Manu as Śrāddha.’

Gautama-Dharmasūtra, 11.31. — ‘Men of all castes and in all stages of life, who are firm in their own duties, enjoy the fruits of their acts and then become born in highly qualified countries, and families, wherein they are endowed with learning, character, intelligence and happiness.’

Gautama-Dharmasūtra, 13.2. — ‘Those firm in their own duties are free from all blame.’

Gantama-Dharmusūtra, 13.15. — ‘The Brāhmaṇa should take his food at the house of only those persons who are reputed to he addicted to their own Dharma.’

Atri-Saṃhitā, 25. — ‘Those persons who perform their own duties and remain firm therein, are loved by people, even though they may be at a distance.’

Atri-Saṃhitā, 25. — ‘Even the Śūdra, if he is firm in his Dharma, attains Heaven.

Baudhāyana-Dharmasūtra, 1.2.19. — ‘The Brāhmaṇa and the rest should remain firm in their own duties.’

 

 

VERSE 2.9

Section III - Sources of Knowledge of Dharma

 

श्रुतिस्मृत्योदितं धर्ममनुतिष्ठन् हि मानवः ।
इह कीर्तिमवाप्नोति प्रेत्य चानुत्तमं सुखम् ॥९॥

śrutismṛtyoditaṃ dharmamanutiṣṭhan hi mānavaḥ |
iha kīrtimavāpnoti pretya cānuttamaṃ sukham ||9||

 

For the man performing the duty laid down by the revealed word and the recollections obtains fame here, and after death, unsurpassed happiness. — (9)

 

Medhātithi’s commentary (manubhāṣya):

There might be some one who, being an unbeliever, might form the misconception that the acts laid down in the Veda are fruitless, and omit to do them; hence with a view to induce such a man to undertake the performance of those acts, the Author, placing himself in the position of a friend, proceeds to indicate the. perceptible results that follow from the acts in question, to say nothing of other kinds of results.

The man who performs the act, known as ‘duty,’ ‘Dharma,’ — which is ‘laid down by the Revealed Word and the Recollections — obtains ‘here,’ in this wold, as long as he lives, ‘fame,’ praise, honour, regard; that is, all men respect him and love him as one ‘who is firm in the rightful path and highly virtuous.’

‘After death,’ — in another body — he obtains that ‘happiness’ superior to which there is no other happiness. As a matter of fact, almost all the acts are prescribed in the Veda as to be done by one who desires Heaven; and ‘Heaven’ stands for ‘unsurpassed happiness’; hence it is that the author speaks of ‘unsurpassed happiness.’

For these reasons, it is only right that the unbeliever also, who seeks for nothing but visible results, should undertake the performance of the acts in question. This is the purport of the text. — (9)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Vrata, p. 14); — in the Vīramitrodaya (Paribhāṣā, p. 61), which explains that, ‘anuttamam sukham’ stands for the rewards that are spoken of in connection with each act; — and in the Nṛsiṃhaprasāda (Saṃskāra, p. 16b).

 

Comparative notes by various authors:

Atri-Saṃhitā, 16. — ‘By me has been described that Dharma in which remaining firm, men of the various castes acquire reputation in the world and after death attain the highest condition.’

Āpastamba-Dharmasūtra, 2.2.5. — ‘In course of evolution, the man, by the residue of the results of his past acts, obtains his caste, his- body, his complexion, strength, intelligence, knowledge and also other things and activities; and in its revolution, this process brings him happiness in both worlds.’ Āpastamba-Dharmasūtra, 2.2.7. — ‘Through acts conducive to sin, one becomes born in undesirable families.’

Gautama-Dharmasūtra, 11-31. — ‘People of various castes and in various stages of life, remaining firm in their duties, on death, enjoy the fruits of their acts, and by reason of the residue of those, become born again in a good family of superior caste, endowed with long life, learning, wealth, happiness and intelligence.’

Vaśiṣṭha-Smṛti, 1.2. — ‘The man who performs his duties with due knowledge becomes highly praiseworthy in the world, and after death attains Heaven.’

Dakṣa-Smṛti, 2.66. — ‘The Householder, ever intent on his own duties, partakes of Heaven.’

Laghu-Viṣṇu-Smṛti, 2.17. — ‘Whatever has been prescribed in the Śruti and in the Smṛti, — all this should be done by the Housoholder; otherwise, he becomes open to censure.’

 

 

VERSE 2.10

Section III - Sources of Knowledge of Dharma

 

श्रुतिस्तु वेदो विज्ञेयो धर्मशास्त्रं तु वै स्मृतिः ।
ते सर्वार्थेष्वमीमांस्ये ताभ्यां धर्मो हि निर्बभौ ॥१०॥

śrutistu vedo vijñeyo dharmaśāstraṃ tu vai smṛtiḥ |
te sarvārtheṣvamīmāṃsye tābhyāṃ dharmo hi nirbabhau ||10||

 

The Veda should be known as the ‘revealed word,’ and the Dharmaśāstra as the ‘recollections’; in all matters, these two do not deserve to be criticised, as it is out op these that Dharma shone forth. — (10)

 

Medhātithi’s commentary (manubhāṣya):

Objection: — “Is this a treatise on the meanings of words, a lexicon, — like the works beginning with such words as Ātmabhūḥ, Parameṣṭhī (are the names of Brahmā), and so forth, — that it is stated that ‘Revealed Word’ means the Veda, and ‘Recollections’ means the Dharmaśāstra?”

Answer: — In ordinary life, the ‘Practices of Cultured Men’ are not regarded either as ‘Revealed Word’ or as ‘Recollection,’ on the ground of their being not codified; codified treatises alone are known as ‘Smṛtis,’ ‘Recollections’; and it is for the purpose of declaring that these Practices also are included under ‘Smṛti’ that the author has set forth this verse.

‘Dharmaśāstra,’ ‘Dharma-ordinance,’ is that which serves the purpose of ‘ordaining’ (teaching) Dharma as to be done; and ‘Smṛti’ is that wherein Dharma is taught, i.e., laid down as to be done; and codification or non-codification is entirely immaterial. Now as a matter of fact a knowledge of what should be done is derived from the Practices of Cultured Men also; so that these also come under ‘Smṛti.’ Hence whenever mention is made of ‘Smṛti’ in connection with any matter, the Practices of Cultured Men should also be taken as included under the name.

“If all Dharmaśāstra (‘ordinance of Dharma’) is ‘Smṛti’ then the Veda also, which is the ‘ordinance of Dharma’ par excellence, would have to be regarded as Smṛti,” — with a view to preclude the possibility of such an idea being entertained, the author has said — ‘The Veda should be known as the Revealed Word.’ Where the words conveying the ‘Teaching of Dharma’ are directly perceived (heard), it is the ‘Revealed Word’; while where the words of Teaching are only recollected, it is ‘Smṛti’; and since this latter condition is also fulfilled by the ‘Practices of Cultured Men,’ this latter also comes under ‘Smṛti’; as a matter of fact, no authority can attach to any Practice, in corroboration whereof a Vedic text is not ‘recollected.’

Or, the mention of the ‘Revealed Word’ may be explained as serving the purpose of showing that the Smṛti is equal to the Veda.

Question: — “What is that common function of Revealed Word and Recollection which rhe present verse seeks to attribute to the Practices of Cultured Men?”

Answer: — ‘In all matters these two should not be criticised’; — ‘These two’ — i.e., Revealed Word and Recollection. — ‘In all matters’ — i.e., even in regard to apparently inconceivable things, such as are entirely beyond the scope of those means of knowledge that are applicable to perceptible things; e.g., (a) the same act of killing leads, in one case, to good, and while in another case it leads to sin; (b) the drinking of wine leads to Hell, while the drinking of Soma removes sin. In such matters, we should not proceed to discuss the various pros and cons. ‘Criticism’ consists in raising doubts and conceiving of contrary views. For example — “If the act of killing is sinful, then since the act of killing is the same in all cases, that done in the course of Vedic sacrifices should also be sinful; — if the latter killing is a source of good, ordinary killing also should be conducive to good; the act being exactly the same in both cases.”

What is prohibited here is that ‘criticism,’ in which we conceive of the form of an act to be quite the reverse of what is declared in the Veda, and proceeding to examine it by means of reasonings based upon false premisses, begin to insist on the conclusion thus arrived at. It is not meant to prohibit such enquiry and discussion as to whether the Prima Facie View or the Established Thesis is in due accord with the Veda. That such an inquiry is not meant to be prohibited is clear from what the author says later on — ‘He alone, and none else, knows Dharma, who examines it by reasonings.’ (Manu, 12.106)

Question: — “Is this criticism prohibited with a view to some invisible (superphysical) results?”

We say — no. Because it was out of these two that Dharma shone forth. [This is what is intended by the said prohibition.]

This assertion points out the fact that all the arguments, set forth by casuists in support of things contrary to what is laid down in the Veda, are fallacious. These arguments are of the following kind — “The killing of animals in the course of Vedic sacrifices must be sinful, because it is killing, like any ordinary killing.” — Now that killing is sinful is learnt from no other source of knowledge except scriptures; under the circumstances, no reason can be found to establish the sinfulness of killing until the scriptures have been accepted as authoritative; and when once the authority of the Veda has been admitted, it could not be reasonable to bring forward arguments against it, as this would invalidate the (acknowledged) authority of scriptures; and this would involve self-contradiction: at first the scriptures were admitted to be authoritative, and then subsequently they are held to be un-authoritative; and this opinion would be contrary to the person’s own previous assertion, — no casuist ever says ‘my mother is childless’; and it is also contrary to the scriptures.

The Casuist might argue as follows: —

“Scripture is not authoritative; why then should contrariness to it be regarded as undesirable? That the scripture (Veda) is unauthoritative is proved by such discrepancies as (a) untruthfulness, (b) inconsistency and (c) repetition.

(a) Such sacrifices as the Kārīrī (which is laid down as to be performed for obtaining rain) are performed by men desiring min, but as a matter of fact no rain comes after the performance. As regards the rain that might come at some future time, it has been well said — ‘The Kārīrī having been performed during the autumn, when the cornfields were drying up, if the rain falls during the spring, this only leads to cattle-disease!’ Further, as regards the Jyotiṣṭoma and such other sacrifices, which are spoken of as bringing their rewards at some future time, since the acts will have completely disappeared after performance, the assertion that their reward would come after a hundred years would be exactly like the confident assertion of the Vampirist. From this it is clear that the Veda is untruthful,

(b) There is ‘inconsistency’ also: when it is said ‘libations should be offered after sunrise,’ if it were offered before sunrise, it would be clearly wrong; as it is said — ‘those who perform the Agnihotra before sunrise utter falsehood morning after morning.’ Then again, it is said ‘that the libations should be offered before the sun has risen,’ for (it is said) ‘the offering made after sunrise would be like the offering of reception to the guest after he had gone.’ Now in the former we have the injunction of offering after sunrise, and a deprecation of offering before sunrise, while in the latter we have the reverse. So that people are always in doubt as to which alternative they should adopt.

(c) The same Agnihotra that is enjoined in one Vedic Rescension is found to be enjoined in another Rescension also; and it has been held (by the Mīmāmsakas) that the act, mentioned in the various texts, is one and the same (Agnihotra) And this is a clear Repetition.”

That there is no ‘untruthfulness’ in the Veda is what is meant by the last quarter of the Verse (‘it was out of these that Dharma shone forth’). Because out of the Veda ‘Dharma alone — i.e., only that a certain act should be done, in the form of sacrifice, — ‘shone forth,’ is expounded; and it does not say anything definite in regard to the time at which the rewards shall appear; this is clear from the fact that the passages that speak of rewards do not make mention of any time; all that we learn from the Injunction is that a certain result shall follow, and the Injunction does not specify the time. As a matter of fact, divisions of time, past, present and future, are related to what is expressed by the verbal root; while the Result is not denoted by the verbal root at all; it is only implied by the Injunction; what is denoted by the verbal root (i.e., the act of ‘sacrifice’) is actually accomplished at the time (of the performance), in the form of the offering of a substance for the benefit of a certain deity, — the fulfilment of this offering appearing in the form of the transformation of the substance offered (into the fire, for instance). Further in ordinary life also, we find that when a person, who is an obedient servant of another, is directed to go to a certain place, he at once obeys the order; though as regards his wages, in some cases he may obtain it at the very beginning; but also sometimes during the act, or even after the act has been accomplished; and then also he may get them on the same day, or the next day, or at some future time. In the same manner, there is no limit as to the time at which the results spoken of in the scriptures will appear; all that is meant is that (by the performance of the act) the result, in the shape of Heaven, Rain or so forth, is brought within reach, — and not (hat they appear on the very same day. Then again, just as there are obstacles in the way of the realising of results of acts done in the ordinary course of life, so there are also in the case of the acts prescribed by the Veda, — such obstacles consisting of past sins and so forth. This (possibility of the Rain not coming immediately after the act) is clearly shown in the Veda itself when it says ‘if the rain should not come, the man should continue as before.’ And as regards the Sarvasvāra sacrifice (which is laid down as leading the performer to heaven), people have explained that the reward does not consist in the immediate entrance to Heaven, in fact it consists in what the man actually desires, and the desire is in the form ‘may I reach heaven without difficulty [ i.e., after death; immediate translation to heaven would mean immediate death, which no man desires].

As regards the argument that there is no difference in the act of killing as done in ordinary life and as done during a Vedic sacrifice, — what has to be borne in mind is the fact that the sinfulness of the act of killing is known only from the scriptures, it is not amenable to perception or any ordinary means of knowledge; and there is certainly a difference: the ordinary killing is prompted by passion, while the sacrificial killing is prompted by Vedic Injunction; and as the killing of the animal offered to Agni-Soma is prompted by the Vedic Injunction, this constitutes a great difference. From all this it is clear that in the Veda there is nothing ‘untruthful.’

As regards ‘Inconsistency’ (which is the second point urged against the Veda), the Author is going to answer it in the text itself (Verses 14-15 below). — (10)

 

Explanatory notes by Ganganath Jha:

‘Amimāṃsye’ — ‘not to be called into question’ (Buhler, acc. to Medhātithi) ‘Irrefutable’ (Burnell, improved by Hopkins into ‘not to be discussed’).

For an interesting discussion regarding the anṛtavyādhātapunaruktadoṣa attaching to the Veda, the reader is referred to Vātsyāyana’s Bhāṣya on the Nyāyasūtra 2.1.58-63.

Medhātithi (p. 69, l. 4) ‘Sarvasvāre tu vivādante’ — The Sarvasvāra is an Iṣṭi sacrifice which is described as leading the sacrificer directly to heaven; and in regard to this there is a difference of opinion among Vedic scholars: some hold that entrance into heaven is not the actual result, the result being the accomplishment of what the man desires — viz., the fulfilment of his wish to go to heaven without any hindrance, whenever he may die.

This has been quoted by the Mitākṣarā under 1.7, in support of the view that the name ‘Smṛti’ is applied to the Dharmaśāstra.

Hetuśāstrāśrayāt’. — ‘Relying upon the argumentative science of the Bauddhas, Cārväkas

 

Comparative notes by various authors:

(Verses 6, 10 and 12)

See Comparative notes for Verse 2.6 (Sources of Knowledge of Dharma).

 

 

VERSE 2.11

Section III - Sources of Knowledge of Dharma

 

योऽवमन्येत ते मूले हेतुशास्त्राश्रयाद् द्विजः ।
स साधुभिर्बहिष्कार्यो नास्तिको वेदनिन्दकः ॥११॥

yo'vamanyeta te mūle hetuśāstrāśrayād dvijaḥ |
sa sādhubhirbahiṣkāryo nāstiko vedanindakaḥ ||11||

 

If a twice-born person, relying upon the science of dialectics, should disregard these two sources, he should be cast out by good men, — the detractor of the Veda being an infidel. — (11)

 

Medhātithi’s commentary (manubhāṣya):

On the ground of ‘untruthfulness’ and ‘unreliability’ if a twice-born person, relying upon the science of dialectics the ‘science of dialectics’ here stands for the polemical works written by Atheists, treatises of Bauddhas and Charvākas, in which it is repeatedly proclaimed that “the Veda is conducive to sin”; — relying upon such a science, if one should scorn the Veda; i.e., when advised by some one to desist from a certain course of action which is sinful according to the Veda and the Smṛti, in the words — ‘Do not do this, it is prohibited by the Veda,’ — if he disregards this advice and persists in doing it, saying, ‘what if it is prohibited in the Veda or in the Smṛtis? They are not at all authoritative’; — even without saying this, if he should even think in this manner, — and if he is found to pay much attention to the science of dialectics; — such a person should he cast out by the good — despised by all cultured persons — out of such acts as ‘officiating at sacrifices,’ ‘teaching,’ ‘honours of a guest’ and so forth. Since the text does not specify the acts (from which the man should be kept out), it follows that he should be kept out of all those acts that are fit for the learned. And the reason for this lies in the fact that it is only the ignorant man, whose mind is uncultured and who smacks of the polemic, that can speak as above (in deprecation of the Veda); and to the said acts (of officiating, etc.) it is only the learned man that can be entitled. It is in view of this that such ‘criticism’ has been prohibited in the preceding verse, — such criticism being due to want or respect, — and it does not deprecate such inquiry as might be instituted for the purpose of elucidating the true meaning of the Veda.

It is in view of all this that the author states the reason for what he has asserted — ‘The detractor of the Veda being an infidel.’ Thus the man, who would set forth arguments in support of the view that ‘the Veda is unauthoritative,’ only by way of a primâ facie statement, would not he an ‘infidel’; because such statement of the arguments would he made only for the purpose of strengthening the final conclusion (that the Veda is authoritative).

The text speaking of tin; ‘detractor of the Veda,’ has not mentioned the Smṛti; hut the idea is that both stand on the same footing, and both equally form the subject-matter of the context; hence the mention of any one of them implies both.

Some people might however take the term ‘Veda’ (in the expression ‘detractor of the Veda’) to be actually restricted to the Veda only, and they would thence conclude that ‘the detractor of Smṛtis’ should not be cast out, the casting out in this verse being declared for the ‘detractor of the Veda’ only. With a view to such people the Author adds the following verse. — (11)

 

Explanatory notes by Ganganath Jha:

Hetuśāstrāśrayāt’. — ‘Relying upon the argumentative science of the Bauddhas, Cārvākas &c.’ (Medhātithi); — ‘Relying on methods of reasoning directed against the Veda’ (Kullūka and Nārāyaṇa).

The argumentative person is always decried: see e. g. 4.30, where the ‘Hetuka’ is described as not fit to be honoured; the ‘Hetuka’ is mentionod in 12. 111. as a person who must be a member of the Pariṣad; though in the latter text the term has been explained as ‘one well-versed in the principles of Mīmāṃsā and the Śāstras’ (see Mitākṣarā on 3. 301, p. 1384).

‘Nāstiko vedanindakaḥ’ — see Parāśaramādhava (Prāyaścitta, p. 424) where we read — ‘The detracting of the Veda is of three kinds — (1) The first is that which consists in seeking to prove the untrustworthy character of the Veda by means of arguments culled from Bauddha, Jaina and other treatises; — this has been described by Yājñavalkya as being equal in heinousness to the murdering of a Brāhmaṇa. (2) The second consists in neglecting the acts laid down in the Veda and Śrutis, through one’s tendency to wranglings and disputations; — it is this that is referred to by Manu under 2.11, who further regards it as equal in heinousness to the drinking of wine. (3) The third consists in lack of due faith, — the acts laid down being done only through fear of popular odium, and not through any faith in them; tins has been mentioned among Minor Sins.

This verse has been quoted in the Smṛticandrikā (Saṃskāra, p. 4) which reads ‘ubhe’ for ‘mūle’ and explains it as ‘Śruti and Smṛti’; for ‘śrayāt’ it reads ‘shraya’.

 

Comparative notes by various authors:

Hārīta-Smṛti, 7.21, — ‘That person is a Nāstika who decries what is said in the Veda, who does not discriminate between virtue and vice and who does not admit the existence of the other world.’

Yājñavalkya, 1-227. — ‘The insulting of the Teacher, the decrying of the Veda, the killing of a friend, all this should be regarded as equal to the killing of the Brāhmaṇa.’

 

 

VERSE 2.12

Section III - Sources of Knowledge of Dharma

 

वेदः स्मृतिः सदाचारः स्वस्य च प्रियमात्मनः ।
एतच्चतुर्विधं प्राहुः साक्षाद् धर्मस्य लक्षणम् ॥१२॥

vedaḥ smṛtiḥ sadācāraḥ svasya ca priyamātmanaḥ |
etaccaturvidhaṃ prāhuḥ sākṣād dharmasya lakṣaṇam ||12||

 

The Veda, the Smṛti, the Practice of cultured Men, and what is agreeable to oneself — these directly constitute the fourfold means of knowing Dharma. — (12)

 

Medhātithi’s commentary (manubhāṣya):

There is no difference here. The prohibition of detracting the Veda implies that there should be casting out of also one who detracts the Smṛti, the Practic Men and Self-satisfaction. These also describe only such Dharma as is based upon the Veda; hence the detractor of these is also the ‘detractor of the Veda.’

Objection: — “There is no need for having both the verses; a single verse would have been sufficient, somewhat to the following effect: — ‘the twice-born person, who, relying upon the Science of Dialectics, should scorn the sources of Dharma, beginning with Veda and ending with Self-satisfaction, should be cast out by all good men, on account of his being an infidel.”

Our answer to the above is as follows: — Teachers do not mind the burdening (prolexity) of their works; what they make every effort to avoid is the burdening of the intellect (of the learner); as it is the latter which interferes with the right understanding of Dharma; and this misunderstanding obstructs the fulfilment of the ends of man.

Then again, even if the author had mentioned all the four sources of Dharma (as suggested by the objector), some people might still argue thus — “the author should have mentioned the Veda only, all Dharma being based upon the Veda.” Hence it is for the purpose of clearness that the author has stated the matter in both ways: the former verse being intended for those who like brevity, and both the verses for other persons.

‘What is agreeable to oneself’ is the same as the ‘self-satisfaction’ spoken of before. The term ‘oneself’ is added only for filling up the metre.

‘These constitute directly the means of knowing Dharma’ — ‘Lakṣaṇa’ means cause, indicator; and Sense-Perception is not the means of knowing Dharma, as some people have held, speaking of (the sages as) ‘persons who have directly perceived Dharma.’

In the compound ‘Chaturvidham,’ ‘fourfold,’ the term ‘vidhā’ means kind, form. As a matter of fact, Veda is the only source of knowledge of Dharma, and Smṛti and the rest are only so many forms of the Veda.

Other people have explained this second verse as serving the purpose of recapitulating (all that has been said regarding the sources of Dharma). The description of the means of knowing Dharma having been finished, it is the end of this section that is indicated by the repetition (contained in the present verse). Such is the fashion with treatises on the Vedāṅgas; e.g., ‘saṃsthājapenopatiṣṭhante upatiṣṭhante’ (when; ‘upatiṣṭhante’ is repeated for indicating the end of the section); and when the author sets forth the second verse he has in his mind the sum-total of all that has been said in the present section. It is just as the Naiyāyikas, having propounded the Proposition that ‘Word is non-eternal,’ set forth the reasons in support of it, and then re-iterate the conclusion, saying ‘therefore word is non-eternal.’ In fact such is the way of all writers; e.g., the author of the Mahābhāṣya (Patāñjali) also sometimes states the Sūtra or the Vārtika, and having explained it, repeats it again. — (12)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is precisley the same as that of Yājñavalkya 1.7.

 

Comparative notes by various authors:

(Verses 6, 10 and 12)

See Comparative notes for Verse 2.6 (Sources of Knowledge of Dharma).

 

 

VERSE 2.13

Section III - Sources of Knowledge of Dharma

 

अर्थकामेष्वसक्तानां धर्मज्ञानं विधीयते ।
धर्मं जिज्ञासमानानां प्रमाणं परमं श्रुतिः ॥१३॥

arthakāmeṣvasaktānāṃ dharmajñānaṃ vidhīyate |
dharmaṃ jijñāsamānānāṃ pramāṇaṃ paramaṃ śrutiḥ ||13||

 

The knowledge of Dharma is ordained for those who are not addicted to the pursuit of wealth and pleasures; and for those seeking for the knowledge of Dharma, the Revealed Word is the highest authority. — (13)

 

Medhātithi’s commentary (manubhāṣya):

‘Wealth’ stands for cattle, land, gold and so forth, and ‘addiction’ to it means being entirely taken up with the undertaking of cultivation, service, etc., for the purpose of acquiring and accumulating wealth.

‘Pleasures’ stands for sexual pleasures; and ‘addiction’ to these means constant recourse to it, as also to its accompaniments in the shape of singing and music, etc.

For people who are devoid of these (wealth and pleasures), ‘the knowledge of Dharma,’ the true understanding of Dharma, ‘is ordained,’ specially propounded, accomplished; the verb ‘vidhīyate’ is derived from the root ‘dhīṅ’ to accomplish.

Objection. — How is it that people addicted to wealth and pleasures can have no knowledge of ‘Dharma?’ In fact such persons also, as time permits them, can obtain some knowledge of ‘Dharma,’ — by listening at the time of eating and at such times as do not interfere with their pursuit of wealth and pleasure, to stories and to the precept or example of others (who know Dharma).”

In view of the above objection, the author has added the words — ‘for those who seek the knowledge of Dharma,’ etc. The chief authority for Dharma is the Veda; and the Veda can never be understood by the persons referred to. It is extremely difficult to comprehend and for its due comprehension it requires the thorough study of the sciences of Nigama (Vedic commentaries), Nirukla (Philology), Vyākaraṇa (Grammar), Tarka (Logic) Purāṇa (History) and Mīnāmsā (Exigetics). And this entire mass of literature can never be acquired by a man unless he renounces all other activities. What can be learnt from stories and examples are only a few stray Dharmas, and not the entire body of Dharma, in the shape of the performance of the Jyotiṣṭoma and other sacrifices, along with all its accessory details, which can be learnt only from the Veda and the other sources of Dharma. It is in view of all this that the text says — ‘the Revealed Word is the highest authority.’ This how ever is not meant to take away the force of ‘Example’ as a source of knowledge.

What is stated in the text is corroborated by the following well-known saying — ‘He alone acquires learning who shuns wealth like snake, sweetmeats like poison, and women like evil spirits?

[ Another explanation of the verse.]

According to others again the expression ‘arthakāma’ stands for hankering after visible rewards — and for people ‘addicted’ to these, — those who hanker after honour, fame, etc., and who, seeking after visible results, have no other end in life save worldly advancement — ‘the knowledge of Dharma,’ i.e., ‘performance of Dharma,’ — is not ‘ordained,’ taught. The term ‘jñāna’ (’knowledge’) stands for’that in which the act becomes recognised’ (jñāyate asmin), i.e., its performance; it is only when the Dharma is performed that it becomes clearly manifest, clearer indeed than that comprehended at the time that the scriptures are studied. It is for this reason that it is the performance that is spoken of as ‘jñāna,’ ‘knowledge.’

What the text means therefore is this: — Even though the performance of Dharma brings worldly advancement, yet one should not undertake it entirely with a view to that fame; it should be undertaken with the sole idea that it is prescribed by the scriptures. The act having been done with this idea, if some visible result also follows, it may do so, but it is not what is thought of by the man. In fact the

Veda itself describes the result following from Vedic study as ‘fame and worldly advancement,’ in the passage — ‘the world progressing endows him with four things — honour, gifts, freedom from taxes and freedom from death.’ To the same effect is the following saying — ‘The water supplied for the growth of sugar-cane waters also the grasses and creepers, in the same manner when a man treads the path of Dharma, he also obtains fame, pleasure and riches.’

Objection. —

“When the act is endowed with a certain faculty, it does not lose that faculty, even though it may be performed with some other end in view; it must always bring about its natural effects; e.g., even though one may drink poison, with the idea that it is an efficacious medicine, yet it does not fail to kill him. Similarly even though the act may be done with a view to some visible reward, yet it cannot fail to bring about the invisible results mentioned in ' the scriptures. Why then should you have this aversion, which makes you assert that an act should not be undertaken with a view to worldly advancement?”

It is in view of this objection that the text adds — ‘For those seeking for the knowledge of Dharma, the Revealed Word is the highest authority.’ And what this means is that ‘those who seek for visible rewards do not obtain any invisible reward, — and it is not only that he does not obtain the invisible result, he commits sin also by being addicted to what is prohibited.’ — (13)

 

Explanatory notes by Ganganath Jha:

‘Vidhīyate’. — Medhātithi puts forward a second explananation of this.

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra, 2.20.1. — ‘In the performance of duties one shall not allow considerations of worldly things.’

Āpastamba-Dharmasūtra, 1-2.7. — ‘In all countries one should imitate the behaviour of all such good men as are self-controlled, experienced, free from greed and haughtiness.’

Āpastamba-Dharmasūtra, 1-30.9. — ‘In cases of conflict what is laid down in the Śruti is more authoritative.’

Gautama-Dharmasūtra, 1.6. — ‘When there is a conflict between two equally authoritative texts, there is option.’

Jaimini-Mīmāṃsā-Sūtra, 1.3.3. — ‘When a Smṛti conflicts with Śruti, it has no authority; where it does not conflict, there is presumption of corroborative Śruti.

Also see the Comparative notes for Verse 2.6 (Sources of Knowledge of Dharma).

 

 

VERSE 2.14 [Conflict of Authorities]

Section IV - Conflict of Authorities

 

श्रुतिद्वैधं तु यत्र स्यात् तत्र धर्मावुभौ स्मृतौ ।
उभावपि हि तौ धर्मौ सम्यगुक्तौ मनीषिभिः ॥१४॥

śrutidvaidhaṃ tu yatra syāt tatra dharmāvubhau smṛtau |
ubhāvapi hi tau dharmau samyaguktau manīṣibhiḥ ||14||

 

Where there is conflict between two Vedic texts, both are held to be Dharma; both have been rightly pronounced by the wise to be Dharma. — (14)

 

Medhātithi’s commentary (manubhāṣya):

The objection urged above (in the Bhāṣya on Verse 10) is answered here.

When ‘between two Vedic texts there is ‘conflict,’ — i.e., setting forth of contrary facts, — e.g., what is declared to be ‘Dharma’ by one text is pronounced to bo ‘adharma’ by another; — in such cases both are Dharma, — i.e., to be performed as optional alternatives. The authoritative strength of the two texts is equal; hence it cannot bo discerned which is reliable and which is not. Thus the conflict being between two equally authoritative texts bearing upon the same subject, there must be option.

Objection. —

“The text speaks of both being Dharma, which means that there should be combination (and not option); as it is only when there is combination that both could be Dharma; otherwise ( ), only one of them could be Dharma. (at a time).”

We deny this. The use of the word ‘both’ is incompatible with separate, performance (even acts performed one after the other, and not conjointly, can be spoken of as ‘both’); the word does not necessarily denote two things taken together.

Further, option is distinctly the reasonable course to adopt. The action known as ‘Agnihotra’ is one only; and with reference to this single act, three points of time have been laid down; now the action forms the primary factor, the comes in only as a subordinate element; nor is it possible to adopt all the three points of time in connection with any single performance; nor again can it be right to repeat the performance for the sake of the time; as it is never right to repeat the primary for the sake of the secondary factor. From all this it follows that option is most reasonable, as declared in the words ‘whenever there is conflict between authorities of equal force, there is option.’ (Gautama, 1.3.)

‘Both have bent proclaimed to be Dharma.’ — “What is the difference between this statement and the former one, ‘both are Dharma’?”

There is no difference; in the former statement, the author has stated his own opinion, and in the latter he supports his opinion by the opinion of other teachers, by pointing out that ‘this is what has also been proclaimed by other wise men.’ — (14)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Smṛticandrikā (Saṃskāra, p. 15) as describing the comparative authority of the several sources. Where there are two Vedic texts setting forth two conflicting views, both are to be accepted, since they have been so accepted by authorities older than Manu himself, i. e. the two are to be regarded as optional alternatives.

It is quoted also in the Nṛsiṃhaprasāda (Saṃskāra, p. 136.)

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1.6. — ‘When there is a conflict between two equally authoritative texts, there is option.’

Also see the Comparative notes for Verse 2.6 (Sources of Knowledge of Dharma).

 

 

VERSE 2.15

Section IV - Conflict of Authorities

 

उदितेऽनुदिते चैव समयाध्युषिते तथा ।
सर्वथा वर्तते यज्ञ इतीयं वैदिकी श्रुतिः ॥१५॥

udite'nudite caiva samayādhyuṣite tathā |
sarvathā vartate yajña itīyaṃ vaidikī śrutiḥ ||15||

 

At sunrise, or before sunrise, or at early dawn, — the sacrificial act may be performed at any time, — such is the pronouncement of the Veda. — (15)

 

Medhātithi’s commentary (manubhāṣya):

This is an instance of the ‘conflict’ spoken of in the preceding verse.

In regard to the offering of the Agnihotra-lilbtions, all these three points of time have been prescribed, — and the injunction of each of these deprecates the others; and the sense of these Vedic texts is that ‘the merificial act may be performed at any time’; — in all ways the offering proceeds, i.e., it should proceed. As regards the deprecation of the offering done after sunrise (which is found in the text enjoining the time before sunrise), this deprecation is not meant to be an interdict; it is only meant to be an injunction of the offering before sunrise. Similarly in the other cases. Thus what is meant is that the act may be performed at any one of the three points of time; and the command of the scriptures becomes fulfilled by the offering being done at any one time.

‘Such is the pronouncement of the Veda.’ — This is what is meant by the Vedic declaration; and it does not mean that what is deprecated is interdicted.

The ‘sacrificial act’ spoken of here is what is known as the ‘Agnihotra-homa’; there is not much difference between ‘yāga’(a sacrifice) and ‘homa’ (libation-pouring). When one renounces his proprietary right over a substance in favour of a certain deity, — the idea in his mind being ‘this belongs to the deity now, and not to me,’ — this is what constitutes ‘yāga’ ‘sacrifice’; and exactly the same is the form of ‘Homa,’ ‘Pouring of libation,’ also. The only difference is that in Homa there is the additional factor of the substance being thrown, deposited in a specified manner, in fire or some such receptacle. It is in view of this similarity that the Homa is spoken of here as ‘yajña.’ That this is so is proved by the fact that the three points of time spoken of have been prescribed in the Veda in connection with Homa, and not all kinds of sacrifice.

The expressions ‘udite’ (‘after sunrise’) and the rest are to be taken as parts of, and as standing for, such declarations as ‘udite hotavyam’ (‘the Homa should be performed after sunrise’) and so forth; — the construction being that ‘the meaning of the declaration that the Homa should be performed after sunrise, not before it, etc., etc., is as follows.’

By the compound word ‘samayā’ the time of early dawn is meant. Others have taken it as consisting of two words: ‘samayā’ meaning near, requires its correlative in the shape of something that is near; and since the two points of time mentioned in the sentence are those ‘before’ and ‘after sunrise,’ the required correlative in the present instance is the time of twilight. ‘Adhyuṣita’ stands for the time of departure of the night, and means ‘at the departure of night.’ [So the compound means ‘that twilight which comes after the departure of night.’]

The words of the text are intended to quote the words of the Veda, which are found to be read in one form in one text, and in another form in another text; so that whether the expression ‘samayādhyuṣita’ is one word or two words can be ascertained only from the original texts.

Thus then, the same act of Homa being laid down in the Veda as to be done optionally at any one of the three points of time, there is no inconsistency. It is only in connection with two accomplished entities that, when found to be incompatible with one another, they are held to be ‘inconsistent’; the same cannot be true in connection with things still to he accomplished [and all actions belong to this latter category]. For what has got to be accomplished may be accomplished either in one way or another; and how could there be any inconsistency in this?

In the case of conflicting Smṛti -texts also, the most reasonable view to take is that they lay down optional alternatives. — (15)

 

Explanatory notes by Ganganath Jha:

‘Samayādhyuṣite’; — The dawn (Medhātithi), — or that twilight which comes after the departure of the night (Ibid, and Govindarāja); — the time when neither the sun nor the stars are visible (Kullūka).

This verse has been quoted by the Madanapārijāta (p. 175) as indicating the two divisions of the time ‘before sunrise’; — these two divisions being ‘Anudita’ and ‘Samayādhyuṣita.’ These two are more fully described by Kātyāyana, who defines the ‘anudita’ as ‘the sixteenth part of the night, adorned by stars and planets’, — and the ‘Samayādhyuṣita’ as that time in the morning when the stars have disappeared, but the sun has not risen.

The same authority defines the ‘udita ‘sunrise,’ as that when the mere streak of the sun is visible, not all its rays.

It is quoted also in the the Nṛsiṃhaprasāda (Ācāra, p. 326); — in the Saṃskāraratnamālā, (p. 2) as laying down the two times for Homa, and it reads ‘homaḥ’ for ‘yajñaḥ’; — in the Ācāramayūkha (p. 65) as laying down the time for the morning Homa; — and in the Nityāchārapradīpa (p. 410.)

 

Comparative notes by various authors:

Āśvalāyana-Gṛhyasūtra, 2.1. — ‘One should offer libation of cooked food both morning and evening.’

Kātyāyana-Smṛti, 1.9.35. — ‘Before the stars are distinctly visible and before the redness of the sky has disappeared, one should offer the evening oblation.’

Muṇḍopaniṣad, 1.2.1. — ‘All those detailed acts that the wise ones have found mentioned in the Vedas, — all these one should always perform.’

Muṇḍopaniṣad, 1.2.3. — ‘One who does not perform the Agnihotra, or the Darśapūrṇamāsa, or the Cāturmāsya, or the Vaisvadeva......destroys his entire family.’

Īśopaniṣad, 2. — ‘One should desire to live for a hundred years, all along doing his duties.’

Mahānārāyaṇopaniṣad, 2.1. — ‘The Agnihotra should be continued till death.’

 

 

VERSE 2.16 [Persons entitled to the Performance of Dharma]

Section V - Persons entitled to the Performance of Dharma

 

निषेकादिश्मशानान्तो मन्त्रैर्यस्योदितो विधिः ।
तस्य शास्त्रेऽधिकारोऽस्मिन् ज्ञेयो नान्यस्य कस्य चित् ॥१६॥

niṣekādiśmaśānānto mantrairyasyodito vidhiḥ |
tasya śāstre'dhikāro'smin jñeyo nānyasya kasya cit ||16||

 

That person alone, and none other, should be regarded as entitled to the scripture, for whom the sacraments beginning with conception and ending with the crematorium, are prescribed as to be done with mantras. — (16)

 

Medhātithi’s commentary (manubhāṣya):

In Adhyāya I (Verse 103) are found the words ‘this should be studied by the learned Brāhmaṇa’; and though this is a mere Arthavāda, yet the presence of the potential affix ‘tavya’ (in the term ‘adhyetavyam’) might lead people into the mistake that it is an Injunction; and in that case the Kṣatriya and Vaiśya would be precluded from the study. It is with a view to preclude this possibility that we have the present verse, which shows the capability of the Kṣatriya and the Vaiśya also to study.

The older commentators have also taken this verse as serving to preclude the possibility of the Śūdra studying the scripture, which he might be tempted to do.

The term ‘scripture’ here stands for the compilation by Manu.

‘Entitled,’ — the ‘title’ meant here consists in the idea that ‘this should be done by me.’ But no ‘collection of words’ — which is an accomplished entity — can be regarded as ‘to be done’; nor, on the other band, can any action be regarded as ‘to be accomplished,’ except as related to a certain substance. Hence the ‘title’ is understood to pertain to a certain action relating to the scripture. Now in the present context, the action intended is not found to be either making, or being, or existing; as for ‘being’ and ‘existing,’ they both mean ‘to be’; so that if these were the action meant, the meaning would be — ‘one should undertake the being or the existing, as related to the scripture’; but as a matter of fact the ‘being’ of one thing cannot be undertaken by another. The action of ‘making’ also would not be applicable; because so far as the words are concerned, all are eternal (and as such cannot be made); while as regards sentences, they have been already made by another person (the author of the scripture). From all this it follows that the action intended is that of studying as pertaining to the scripture. So that the meaning comes to be this — ‘the man is entitled to the study of the scripture’; and just as to the studying, so also to the learning of its meaning.

“In as much as the work of Manu has had a beginning in time, how could any injunction relating to it (as the present verse is supposed to be) be based upon the Veda, which is beginningless?”

Our answer is as follows: — It is quite open to us to infer some such general (Vedic) injunction as that ‘the Śūdra should not study such sentences as serve to expound the scriptures.’ Further, these statements of the expounders of the Veda that serve to explain Vedic texts bear a certain resemblance to these texts; and hence they are as much the subject of a bcginningless tradition as the Vedic texts themselves.

What forms the subject-matter of the scriptures is actual performance, and to this all the four castes arc entitled [though to the study of the scriptures the three twice-born castes alone are entitled].

“If such be the case, then it would be permissible for the Śūdra to perform all those acts which are prescribed in a general manner, without reference to any specified persons.”

How this contingency does, not arise we shall show, as occasion arises.

Objection: —

“When the Śūdra is not entitled to study the scripture and learn its meaning, how can he be entitled to the performance of the acts therein prescribed? Unless the man knows the exact form of the act, he cannot do it; unless he studies the scriptures, he cannot know what is contained in them; and no unlearned person is entitled to the performance of any (religious) act.”

True; but the requisite knowledge can be obtained from the advice of other persons. The Śūdra may be dependent upon a Brāhmaṇa; or a Brāhmaṇa may be doing the work of instructing people for payment; and such a Brāhmaṇa might very well instruct the Śūdra to ‘do this, after having done that’ and so forth. So that the mere fact of the Śūdra performing the acts does not necessarily indicate that he is entitled to the study and understanding of the scriptures; as performance can be accomplished, even on the strength of what is learnt from others; as is done in the case of women; what helps women (in the performance of their duties) is the learning of their husbands, which becomes available to them through companionship. Then again, the texts laying down the acts do not imply the direct knowledge (of the injunctive texts). It is only in the case of men, to whom is addressed the injunction of Vedic study — contained in the words ‘one should study the Veda’ — that the performance of duties proceeds upon the basis of their own learning; and this injunction is meant only for the male member’s of the three higher castes. But in the case of these also their study and understanding of the scriptures is not prompted by their knowledge of what is contained in them; it is prompted entirely by the two injunctions — (1) the injunction of having recourse to a duly qualified teacher, and (2) the injunction of Vedic study.

‘Conception,’ is ‘ impregnation ’; that series of sacraments which begins with this is called ‘niṣēkādiḥ,’ ‘beyinning conception.’ This sacrament is laid down as to be performed after the marriage (of the parents), — with the mantra ‘viṣṇuryoniṅkalpayatu,’ etc. (Ṛgveda, 10.18.1.1) — on the occasion of the first intercourse only, for some people, while for others at each menstrual period, till conception takes place.

That which has the ‘crematorium’ for its end is called ‘ending with the crematorium.’ The word ‘crematorium’ stands for that place where dead bodies are disposed of; and through association it indicates the rites performed for the dead, called the ‘Antyeṣṭi’; as it is only this performance that is done with mantras, and not the place (which is what is directly denoted by the word ‘crematorium’).

The qualification mentioned in the text points to the Twice-born castes; it is only these persons who have their sacraments done with mantras. The author does not say simply ‘dvijātīnām,’ ‘for the twicc-born’ (and he has taken to the round-about way of saying the same thing), because Manu Svāyambhuva has a peculiar style of composing his verses.

The passage is not to be construed to mean that ‘the sacraments are laid down in mantras’; because mantras do not contain the injunction of any acts; they are not injunctive; they only serve as reminders, during the performance of the act, of the details enjoined in other texts. Hence the passage should be explained as meaning — ‘those for whom the sacraments are laid down as to be done with Mantras.’

‘None other,’ — is purely explanatory; the rest of the sentence having already served the purpose of restricting what is said to the twice-born castes. Or, it may be taken as reiterated for the preventing of the idea that some one might entertain the notion that ‘what is laid down here is something that must be done by the twice-born castes, while for the Śūdra it is neither prescribed nor interdicted.’ — (16)

 

Explanatory notes by Ganganath Jha:

‘Mantraiḥ’ — This has been added with a view to exclude the woman and the Śūdra, whose sacraments are not performed ‘with mantras’ (see 2.66 and 10.127).

Burnell remarks — ‘In Vedic times the reception of outsiders into the community was, to a certain extent, recognised, and ceremonies (e. g. the Vrātyastoma) were in use for this purpose.’

It is rather difficult to be very dogmatic regarding what was, or what was not, recognised ‘in Vedic times.’ But if the ceremony of the Vrātyaṣtoma is the sole authority for the statement, then it has to be borne in mind that the writer has not comprehended the purpose of those ceremonies. If he had taken the trouble to find out what ‘vrātya’ meant, he would have found out that the ceremony was performed for the re-admission of those who had become excluded by reason of the omission of certain obligatary rites; and it was not meant for admitting absolute ‘outsiders’.

This verse has been quoted by the Mitākṣarā on 1.3 (p. 6) — in support of the view that it is the Twice-born persons alone who are entitled to study the Dharma Śāstra.

It is quoted also in the Vīramitrodaya (Saṃskāra, p. 512) to the same effect — also in the Aparārka (p. 14); — in the Smṛticandrikā (p. 18.) which explains ‘Niṣeka as the Garbhādhāna sacrament and ‘smaśāna’ as the ‘after-death rites; — and in the Varṣakriyākaumudī (p. 574) as implying that the rites are to be performed for the Śūdra also, but without Vedic Mantras.

Medhātithi (p. 73, 1. 26) — Ācāryakoraṇavidhinā svādyāyādhyayanavidhināca.’ Here both the Bhāṭṭa and the Prābhākara views of Śāstrārambha are accepted by the writer.

 

 

VERSE 2.17 [Qualified Countries]

Section VI - Qualified Countries

 

सरस्वतीदृशद्वत्योर्देवनद्योर्यदन्तरम् ।
तं देवनिर्मितं देशं ब्रह्मावर्तं प्रचक्षते ॥१७॥

sarasvatīdṛśadvatyordevanadyoryadantaram |
taṃ devanirmitaṃ deśaṃ brahmāvartaṃ pracakṣate ||17||

 

The region lying between the divine rivers Sarasvati and Dṛṣasvatī which has been created by the gods, — they call ‘Brahmāvarta’ — (17)

 

Medhātithi’s commentary (manubhāṣya):

The sources of the knowledge of Dharma have been described; it has also been stated that in cases of couflict there is option; persons entitled to the performance of dharma have also been indicated in a general way. Now the author proceeds to describe those countries that are fit for the performance of Dharma, and where (on that account) it becomes incumbent to perform it.

‘Sarasvatī’ is the river bearing that name. ‘Dṛṣadvatī’ is another river; that which lies between these two, that region they call by the name of ‘Brahmāvarta’; that is the region which the cultured speak of by that name.

‘Created by the Gods’ — is for the purpose of eulogising the boundaries and the bounded region; the sense being that ‘the region is created by the Gods, and is therefore more sacred than all other regions.’ — (17)

 

Explanatory notes by Ganganath Jha:

The Aparārka quotes this verse along with verses 19,21 to 23, as indicating the views that the ‘black antelope’ is to serve as a mark of the ‘yajñīya deśa’ only in the case of the countries other than those described in these verses. This verse and verses 18 to 22 have been quoted in the Madanapārijāta (p. 12) in support of the view that the ‘Custom’ or ‘Right Behaviour’ that is to be regarded as authoritative and trustworthy is that prevalent among the people inhabiting the tract of land herein defined.

Other writers, among whom are Vaśiṣṭha and Śaṅkha define ‘Āryāvarta’ as that tract ‘where the black antelope roams’; which, according to Manu (2.23) is the characteristic feature of the ‘yajñīya deśa’ ‘land fit for sacrificial acts’.

This verse is quoted in Hemādri (Vrata, p. 27), — in the Vīramitrodaya (Paribhāṣā, p. 55), which explains that the epithet ‘devanirūpitam,’ ‘created by the Gods,’ is only meant to be eulogistic; — in the Dānamayūkha (p. 7), — and in the Saṃskāramayūkha (p. 4).

 

 

VERSE 2.18

Section VI - Qualified Countries

 

तस्मिन् देशे य आचारः पारम्पर्यक्रमागतः ।
वर्णानां सान्तरालानां स सदाचार उच्यते ॥१८॥

tasmin deśe ya ācāraḥ pāramparyakramāgataḥ |
varṇānāṃ sāntarālānāṃ sa sadācāra ucyate ||18||

 

That practice, which has comb down through an unbroken line op tradition among the several castes and subcastes in that country, is called the ‘Practice of Good Men.’ — (18)

 

Medhātithi’s commentary (manubhāṣya):

Question — “As regards the usage in the said country, what is the condition of its reliability? Is it learning and culture? Or the connection of the particular country is the only condition, and the practices of the ignorant and the uncultured also arc authoritative? We ask this because if ‘learning’ and ‘culture’ are not regarded as necessary conditions, then the two qualifications mentioned in the sixth verse — in the phrase ‘the Practice of good and learned men’ — become futile. And further, it is not possible for the ‘Practice of Bad men’ to be a source of Dharma, for the simple reason that such persons can have nothing to do with the Veda. If, on the other hand, learning and culture do form the conditions of reliability, then no useful purpose will have been served by the counection of the particular country herein mentioned; because it cannot be said that practice of learned and cultured men of other countries is not authoritative.”

Our answer to the above is as follows: — The statement is based upon probability; the chances are that in the country mentioned only learned and cultured men are born. This is what is meant by the assertion that ‘the Practice in that country is called the Practice of good.’

Others have explained that the verse is intended to deny the authority of a purely local ‘Practice’ (Usage), on the ground that in other countries people marry the daughter of the maternal uncle.

This explanation is not right. Because it has been laid down as a general principle that ‘from among the practices of the country, the family and the caste, only that should be done what is not contrary to law’; and the marrying of one’s maternal cousin is actually contrary to the law, as found in the injunction that ‘one should marry beyond the seventh grade of relationship on the father’s side and beyond the fifth on the mother’s’ [and the maternal cousin falls within these prohibited degrees] Further, as regards the said country of Brahmāvarta also there are certain practices — such as eating in the same dish with boys who have not undergone the Brahmanical Initiation — which are not regarded as authoritative. In fact no practice can ever be authoritative which is contrary to Smṛti; because it would be so much further removed from the Veda (the source of all authority); as the Practice leads to the inference of the Smṛti, and the Smṛti leads to the inference of the Veda; while the Smṛti leads to the inference of its corroborative Veda directly. There is another reason why Practices like the one mentioned above can never be even suspected to be authoritative. Such Practices are found to be clearly due to perceptible motives: e.g., some one having fallen in love with a handsome maternal cousin married her, through fear of the King, in order to escape from the penalty that would be inflicted for violating the chastity of an unmarried girl; and others who came after him being themselves illiterate and relying upon the words ‘one should go on on the same path on which his father and grand-father have gone’ (Manu, 4.178), taken in their literal sense, came to regard the said marrying as ‘Dharma’ (something that should he done). Then again, even though the text (4.172) prescribes an expiatory rite in connection with the taking as wife of the three classes of girls (the daughter of the Father’s sister, the daughter of the Mother’s sister and the daughter of the Mother’s brother), — yet people are liable to fall into the mistake that marriage with relatives other than the three specified here is not interdicted. That such is not the meaning of the verse (11.172) wo shall explain later on.

Now no Smṛti or Practice, that is prompted by a perceptible motive, can ever be regarded as authoritative. Says the revered Bhatta (Kumārila) — ‘That Smṛti, which is contrary to the Veda, or deprecated, and which serves a visible purpose, and is prompted by perceptible motives, can never he based upon the Veda.’

From all this it follows that what is contained in this verse is only an arthavāda, eulogising the particular country, — this eulogy being supplementary to the Injunction coming later on that ‘the Twice-born people should betake themselves to these countries’ (verse 21 below).

‘Pāramparya’ is the same as ‘paramparā,’ ‘Tradition’; which goes from one to the other, from him again to a fourth person, and so on; this succession is what is called ‘Tradition’; and ‘Krama,’ ‘line,’ stands for ‘unbroken continuity;’ — ‘come down’ means learnt.

‘Sub-castes’ — are people of mixed birth; — the ‘castes’ along with these are called Sāntarālāḥ.

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 75, 1. 5) — Kāraṇagrahaṇāt.’ — When a custom or even a Smṛti rule, is found to be actually based upon some material motive, — no authority can attach to such custom or rule. Read in this connection Mīmāṃsā Sūtra 1. 3. 4, which discusses the authoritative character of such Smṛti rules as, while not contradicting any Śruti-rule, are yet found to be due to ignorance or covetousness; e.g. the text laying down that the cloth with which the sacrificial post is covered should be given to the priest. The conclusion on this point is that such rules have no authority. (See, for further details, Prābhākara — Mīmāṃsā, pp. 138-139).

This verse is quoted in the Madanapārijāta (p. 12); — in the Dānamayūkha (p. 7); — in the Saṃskāramayūkha (p. 4), — and in the Vīramitrodaya — Paribhāṣa (p. 55), which adds the following notes: — ‘Paramparya;’ is the same as ‘paramparā’, ‘Tradition,’ — i. e., that whose beginning cannot be traced; — this precludes the authority of modern customs; — ‘antarāla’ are the mixed castes; — it quotes Medhātithi to the effect that the purport of this verse is to eulogise the custom of the particular country, and not to deny the authority of the customs of other countries.

 

Comparative notes by various authors:

(Verses 18-23)

Vaśiṣṭha, 1.7-12. — ‘Aryāvarta is the country which is to the East of the spot of disappearance, to the West of Kālakavana, to the North of Pāriyātra and the Vindhya and to the South of the Himālaya. The Dharma and practices prevalent in this country should be accepted in all places. Some people apply the name Āryāvarta to the land between the Gaṅgā and the Yamunā. Brahmanic glory is coterminous with the tract over which the black antelope roams.

Vaśiṣṭha, 15.9-14. — ‘The Dharmas and Ācāras prevalent in that country should be accepted everywhere. The others are of contrary Dharma. Some people restrict Dharma to the country lying between the Gaṅgā and the Yamunā. Others again state that Brahmanic glory extends all over that tract of land over which the black deer roams. The limits of this tract are hounded on the west by the river Sindhu and on other sides by the Vaitariṇī river (in Mālwā, according to Vīramitrodaya, Paribhāṣa, p. 57); and by the spot where the sun rises.’ Vyāsa, 1.3. — ‘The Vedic dharma can prevail only in that country over which the black deer roams naturally.’

Samvarta, 4. — ‘That country where the black deer constantly roams at will is to be known as Dharma-deśa, where alone the duties of the twice-born can be performed.’

Baudhāyana, 1.25.25. — ‘To the East of the spot of disappearance (of the Sarasvatī river), to the West of the Kālakavana, to the North of Pāriyātra and to the South of Himālaya, — this is Āryāvarta; it is the Sadāchāra of this country that is authoritative; according to some people it is the tract included between the Gaṅgā and the Yamunā.’

Śaṅkha-Likhita (Vīra-Pari.,p. 57). — ‘That country is noble which lies to the East of the mountain where the Sun sets, to the West of that where the Sun rises, which is interspersed with high mountains and sacred rivers; this is the sacred land; or the land where the black antelope roams, or that to the East of the Sindhu and the Sauvīra, to the West of Kāmpilya, to the North of the Pāriyātra and to the South of the Himalaya, — here Brahmanic glory is complete.’

Paiṭhīnasi (ibid). — ‘From Himālaya to the Kumārī (Cape Comorin), from the Sindhu and the Vaitariṇī and to the place where the sun rises, or where the black antelope roams, — over this land alone is Dharma present in its complete form.’

Viṣṇu, 74.4. — ‘That country where there is no differentiation of the four castes should be known as the mleccha deśa; other than this is Āryāvarta.’

 

 

VERSE 2.19

Section VI - Qualified Countries

 

कुरुक्षेत्रं च मत्स्याश्च पञ्चालाः शूरसेनकाः ।
एष ब्रह्मर्षिदेशो वै ब्रह्मावर्तादनन्तरः ॥१९॥

kurukṣetraṃ ca matsyāśca pañcālāḥ śūrasenakāḥ |
eṣa brahmarṣideśo vai brahmāvartādanantaraḥ ||19||

 

Next to Brahmāvarta is the ‘Brahmarṣideśa,’ comprising the regions op Kurukṣetra, Matsyas, Pañchālas and Śukasenakas. (19).

 

Medhātithi’s commentary (manubhāṣya):

These are the names of the various regions.

‘Kurukṣetra’ is what is known as Samantapañcaka, the place where the Kurus were exterminated. The etymological signification of the name ‘Kurukṣetra h as been explained as meaning — ‘do good deeds here, and salvation shall come quickly,’ ‘kuru sukṛtamatra kṣiprantrāṇam bhavati.’

‘Matsyas’ and the rest are the names of countries, in the plural form.

‘Brahmarṣideśa’ is the name of the entire group. Brahmāvarta is the country ‘created by the Gods’; and since the Brahmarṣis are a little lower in degree than the Gods, this country, being related to Brahmarṣis, is slightly lower in grade than Brahmāvarta. This is what is meant by this being ‘next to Brahmāvarta,’ — i.e., slightly different from it; — the negative particle (in ‘a denoting slightly; just as when it is said that ‘the sick person should drink gruel when it is not-hot,’ it is meant that it should be drunk when it is slightly hot. The term ‘antara’ means different; as it is found in such assertions as ‘mahadantaram,’ ‘in the case of men, women and water, even a slight difference makes a great difference.’ (19)

 

Explanatory notes by Ganganath Jha:

The tract here described “comprises,” — says Buhler — “the Doab from the neighbourhood of Delhi as far as Mathura,” and Burnell refers us to a map in the Numismata Orientalia, Part I.

This verse is quoted in the Smṛticandrikā (Saṃskāra P. 17) which reads ‘Anantaram’ and explains — it as ‘slightly less important’; — in the Vīramitrodaya (Paribhāṣā, p. 56), which adds the following notes: — ‘Matsya, Virātdeśa, — Pāñchāla’ the Kānyakubja and adjacent countries, — Śūrasena, country about Mathura, — ‘anantaraḥ’ slightly inferior; — in the Dānamayūkha (p. 7.) and the Saṃskāramayūkha (p. 4), which have the same explanations as the Vīramitrodaya.

 

Comparative notes by various authors:

(Verses 18-23)

See Comparative notes for Verse 2.18 (The Practice of Good Men).

 

 

VERSE 2.20

Section VI - Qualified Countries

 

एतद् देशप्रसूतस्य सकाशादग्रजन्मनः ।
स्वं स्वं चरित्रं शिक्षेरन् पृथिव्यां सर्वमानवाः ॥२०॥

etad deśaprasūtasya sakāśādagrajanmanaḥ |
svaṃ svaṃ caritraṃ śikṣeran pṛthivyāṃ sarvamānavāḥ ||20||

 

All men on the earth may learn their respective duties from the Brāhmaṇa born in these countries. (20)

 

Medhātithi’s commentary (manubhāṣya):

From the ‘agrajanma,’ i.e., the Brāhamṇa — ‘born in these countries’ — Kurukṣetra and the the rest — all men ‘may learn’ — seek to know — ‘their respective duties’ — proper conduct. This has been already explained under Verse 18. — (20)

 

Explanatory notes by Ganganath Jha:

This is quoted in the Vīramitrodaya, Paribhāṣā (p. 56) which says that this is meant only to eulogise the particular country.

 

Comparative notes by various authors:

(Verses 18-23)

See Comparative notes for Verse 2.18 (The Practice of Good Men).

 

 

VERSE 2.21

Section VI - Qualified Countries

 

हिमवद्विन्ध्ययोर्मध्यं यत् प्राग् विनशनादपि ।
प्रत्यगेव प्रयागाच्च मध्यदेशः प्रकीर्तितः ॥२१॥

himavadvindhyayormadhyaṃ yat prāg vinaśanādapi |
pratyageva prayāgācca madhyadeśaḥ prakīrtitaḥ ||21||

 

The country lying between the Himālaya and the Vindhya, to the east of Vinaśana and to the west of Prayāga, is called the ‘Madhyadeśa,’ the ‘Middle Country.’ (21)

 

Medhātithi’s commentary (manubhāṣya):

On the north lies the Himālaya and on the south the Vindhya. ‘Vinaśana’ is the name of the place where the Sarasvatī river has disappeared. — (20)

‘Prayāga’ — is the confluence of the Gaṅgā and the Yamunā.

The region having these four as its boundaries is to be known by the name ‘Madhya-deśa.’ It is called ‘madhya’ or ‘middle,’ because it is neither very superior nor very inferior, — and not because it is located the centre of the Earth. — (21)

 

Explanatory notes by Ganganath Jha:

‘Vināśana’ — This is the name given to the place where the river Sarasvatī becomes lost in the sands. Buhler says it lies in the district of Hissar, in the Punjab.

Buhler curiously translates ‘pratyak’ by ‘east,’ while it means west.

This verse is quoted in the Smṛticandrikā (p. 18), which explains ‘vinaśana’ as the place where the Sarasvatī has disappeared; — in the Vīramitrodaya (Paribhāṣa, p. 56) which locates ‘Vinaśana’ in the Kurukṣetra, — in the Dānamayūkha, (p. 7), — and the Saṃskāramayūkha (p. 4).

 

Comparative notes by various authors:

(Verses 18-23)

See Comparative notes for Verse 2.18 (The Practice of Good Men).

 

 

VERSE 2.22

Section VI - Qualified Countries

 

आ समुद्रात् तु वै पूर्वादा समुद्राच्च पश्चिमात् ।
तयोरेवान्तरं गिर्योरार्यावर्तं विदुर्बुधाः ॥२२॥

ā samudrāt tu vai pūrvādā samudrācca paścimāt |
tayorevāntaraṃ giryorāryāvartaṃ vidurbudhāḥ ||22||

 

The country extending as far as the Eastern Ocean and as far as the Western Ocean, and lying between the same two mountains, — the learned know as ‘Āryāvarta.’ (22).

 

Medhātithi’s commentary (manubhāṣya):

The country that lies between the two limits of the Eastern and Western Oceans, — and between the two mountains spoken of in the preceding verse, — i.e., the Himālaya and the Vindhya, — is described as ‘Āryāvarta,’ ‘by the learned,’ — i.e., by cultured people. It is called ‘Āryāvarta’ in the sense that the Āryas line there (‘Āryāḥ vartante tatra’); i.e., it is they that are born there again and again, and the Barbarians, even though attacking it repeatedly, do not remain there.

The particle ‘āṅ’ (in ‘āsamudrāt’) indicates the outer not the inner boundary, and it does not indicate inclusion. Hence the islands in the oceans do not come under ‘Āryāvarta.’

What are mentioned here are the four boundaries of the country: the Eastern Ocean on the east, the Western Ocean on the west, the Hiṁālaya on the north and the Vindhya on the south.

In as much as these two mountains have been mentioned as ‘boundaries,’ they are not included under ‘Āryāvarta’; from this people might be led to conclude that one should not inhabit these mountains. And with a view to (avoiding) this possibility, the Author adds the next verse. — (22)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Smṛticandrikā (Saṃskāra p. 18); — in the Saṃskāramayūkha (p. 4), which explains ‘Tayoḥ’ as standing for the Himāvat and the Vindhya; — and in the Vīramitrodaya (Paribhāṣā, p. 56).

 

Comparative notes by various authors:

(Verses 18-23)

See Comparative notes for Verse 2.18 (The Practice of Good Men).

 

 

VERSE 2.23

Section VI - Qualified Countries

 

कृष्णसारस्तु चरति मृगो यत्र स्वभावतः ।
स ज्ञेयो यज्ञियो देशो म्लेच्छदेशस्त्वतः परः ॥२३॥

kṛṣṇasārastu carati mṛgo yatra svabhāvataḥ |
sa jñeyo yajñiyo deśo mlecchadeśastvataḥ paraḥ ||23||

 

But the region where the spotted deer roams by nature is to be known as the ‘land fit for sacrificial acts’; beyond that is the ‘land op the Mlecchas.’ (23)

 

Medhātithi’s commentary (manubhāṣya):

Where the deer known as ‘Kṛṣṇasāra’ — that which is either black with white spots, or black with yellow spots — ‘roams,’ — lives — i.e., is found, born, — ‘by nature,’ — i.e., not that where it resides for a time only, having been imported as a present of rare value, and so forth; — ‘that country is to be known’ — regarded — ‘as yajñīya’ — ‘fit for sacrificial acts.’

‘Beyond that’ — i.e., the region other than the one where the Kṛṣṇasāra is indigenous — ‘is the land of the Mlecchas.’ The Mlecchas are the people who are known as lying beyond the pale of the four castes, — not included even among the Pratiloma castes; such as the Medas, the Andhras, the Śabaras and the Pulindas.

It is not meant that the sacrifices are to be performed on the very spot where the deer roams, — in the way in which they are performed ‘on level ground,’ according to the injunction that ‘one should perform sacrifices on level ground’; as we h ave ‘rooms’ in the present tense, and certainly one could not perform a sacrifice on the very spot, and at the very time, at which the deer may have started to roam. Further, a certain place is the ‘locus’ of the sacrifice only in the sense that it holds a all those things that are operative towards its performance, either as instruments or agents and the like, and certainly two material substances (i.e., the Roaming Deer and the Sacrificial Accessories) could never occupy the same spot. Nor can the condition mentioned (the roaming of the deer) be taken as indirectly indicating some, other time (than the one at which the roaming is being done); as no such indirect indication is admissible in the case of Injunctions; as has been shown under the Adhikaraṇa dealing with the ‘winnowing basket’ (Mīmāmsā-Sūtra, 1.2.26 el. Seq.), by Śabara (on 1.2.26), who says — ‘what is meant by is done is that it is capable of being done’ [and the present time is not what is meant to be emphasised].

“As a matter of fact, when one thing is spoken of as located (contained) in another, it does not mean that it occupies the whole of it; so that it is not necessary for the Locus to be occupied in its entirety, as it is in the case of the oil contained in the seasamum-seed. In fact, even when only a portion of one tiling is occupied by another, the whole of the former becomes its locus or container; e.g. when a man is spoken of as ‘sitting in the house,’ or ‘occupying the chariot.’ So that in the case in question what is described here is the entire country, consisting of villages and towns, and bounded by hills and rivers; and when the deer roams even in some part of it, the whole country becomes its locus. Hence there is no force in the argument that ‘two material substances cannot occupy the same spot.’”

Our answer to the above is as follows: — In the present instance there is no direct injunction, such as ‘one should perform sacrifices here (in this country)’; as the injunctive affix is found added to the root ‘to know’ (in the word ‘jñeyaḥ’), and not to the root ‘to sacrifice.’ All that is meant is that the country spoken of is ‘fit for sacrifices’; the meaning being that ‘this country is fit for sacrificial performances’; and this ‘fitness for sacrifices’ is possible even without a direct injunction (of the actual performance). The fact of the matter is that it is only in the countries mentioned that the several sacrificial accessories, in the shape of the kuśa -grass, the Palāśa, the Khadira and other trees, are mostly found; and sacrificial performers also, in the shape of persons belonging to the three higher castes and learned in the three Vedas, are found only in these countries; and it is on the basis of these facts that the countries have been described as ‘fit for sacrifices.’ The verb ‘jñeyah’ ending in the verbal affix (‘yat’) also has the sense of the injunctive only imposed upon it, and in reality it is only an Arthavāda resembling an injunction; just like the passage ‘jartilayavāgvā vā juhuyāt,’ (‘one should offer either the wild seasamum or the wild wheat’) [which, even though cotaining the injunctive word ‘juhuyāt,’ has been regarded as an Arthavāda resembling an injunction],

When again it is said that ‘beyond this is the land the mlecchas,’ this also is purely descriptive of the usual state of things; the sense being that in these other lands it is mostly mlecchas that are born; it does not mean that people inhabiting them are all (on that account) ‘mlecchas’; because what is a ‘mleccha’ is well known, just like the ‘Brāhmaṇa’ and other well known castes. In fact, the name ‘mlecchadeśa’ is to be taken literally, in the sense that it is ‘the country of mlecchas’; so that if mlecchas happen to conquer a part of Āryāvarta itself and take their habitation there, that also would become ‘mlecchadeśa.’ Similarly if a certain well-behaved king of the Kṣatriya-caste should happen to defeat the mlecchas and make that land inhabited by people of the four castes, relegating the indigenous, mlecchas to the category of ‘Chāṇḍāla,’ as they are in Āryāvarta, then that which was a ‘country of the mlecchas’ would become a ‘land fit for sacrifices.’ And this for the simple reason that no laud is by itself defective; it is only by association that it becomes defective, just as it is when soiled by impure things. Hence, even apart from the countries designated here as ‘fit for sacrifices,’ if, in a certain place, all the necessary conditions are available, one should perform his sacrifices, even though it be a place where the spotted deer does not roam.

From all this it follows that the statement — ‘this should, be known as the country fit for sacrifices, and beyond is the land of the mlecchas’ is purely descriptive, being meant to be supplementary to the injunction that follows in the next verse. — (23).

 

Explanatory notes by Ganganath Jha:

‘Kṛṣṇaṣāraḥ — Burnell — “What animal is intended it is impossible to say. In Southern India, a pretty little, but rare, gazelle is taken for it. It does not however answer to the name so far as its colour (light brown) goes.”

From the explanation given by Medhātithi the deer meant is that which is ‘black with white spots’, or ‘black with yellow spots’; and there is no doubt that the animal meant is that which is black in the upper, and white (or yellow) in the lower parts of its body.

Medhātithi (p. 76, 1. 26) — ‘Śūrpādhikaraṇe’ — in Mīmāṃsā Sūtra 1-2-26; and the next sentence ‘etaddhi kriyate ityucyate’ is from Śabara on that Sūtra, — the whole sentence being — ‘etat (i. e. shakyate kartumiti) hi kriyate ityucyate, na ca vartamānakālaḥ kaschidasti yasyāyam pratinirdeṣhaḥ.’

‘Mleccadeśastvataḥparaḥ’ — Note the liberalised interpretation of this provided by Medhātithi. Burnell curiously enough regards this to be an ‘order to dwell in this land’. There is no ‘order’ to dwell in the Mleccadeśa. The countries to be inhabited having been defined and all beyond these being designated as ‘Mlechadeśa’, the term ‘these countries’ of verse 24 refers, as Medhātithi clearly points out, to Brahmāvarta, Madhyadeśa, Brahmarṣideśa and Yajñīyadeśa; and the order to dwell contained in verse 24 also refers to those, and not to the ‘Mlecchadeśa’, which is ‘beyond these.’

This verse is quoted in the Smṛticandrikā (Saṃskāra, p. 18), which adds that the country described as ‘fit for sacrificial performances’ is meant to be so used only when the aforesaid four countries are not available; — in the Vīramitrodaya (Paribhāṣā,p. 56), which explains ‘Yājñiyaḥ’ as ‘fit for sacrificial performances’, and ‘Mlecca’ as ‘unfit for sacrificial performances’; — and in the Saṃskāramayūkha (p. 4).

 

Comparative notes by various authors:

(Verses 18-23)

See Comparative notes for Verse 2.18 (The Practice of Good Men).

 

 

VERSE 2.24

Section VI - Qualified Countries

 

एतान्द्विजातयो देशान् संश्रयेरन् प्रयत्नतः ।
शूद्रस्तु यस्मिन् कस्मिन् वा निवसेद् वृत्तिकर्शितः ॥२४॥

etāndvijātayo deśān saṃśrayeran prayatnataḥ |
śūdrastu yasmin kasmin vā nivased vṛttikarśitaḥ ||24||

 

The twice-born people should seek to resort to these countries; the Śūdra may however, when distressed for a living, reside in any land. — (24).

 

Medhātithi’s commentary (manubhāṣya):

The author now proceeds to state that injunction for the sake whereof the names of several countries have been set forth.

‘The twice-born people.’ even though they be born in another country, should ‘resort these countries’ i.e. to Brahmāvarta, etc. Abandoning the country of their birth, they should make every effort to reside in Brahmāvarta and the other countries just described.

In connection with this some people hold that the injunction of residing in these countries is with a view to unseen (spiritual) results; the sense being that even though certain results might accrue to one in other countries also, yet people should reside in these countries; and when we come to look for the reward of such residence, — we may conclude, either (a) that the residence in the said countries is enjoined as purificatory, just like bathing in the Gaṅgā and other sacred places, — the idea being that just as the water of one place is more sacred than that of another, so also it is only some regions that are sacred, as has been described in the Purāṇas; or (b) that from the mere residence itself the man goes to Heaven, this assumption being on the analogy of the Viśvajit sacrifice.

Neither of these two views is admissible. If the present verse had laid down such residence as would not be possible (without this injunction), then there might be some justification for assuming a reward, and for considering which of the two alternatives mentioned (in the previous paragraph) is the more reasonable. As a matter of fact however, the possibility of the residence in question is already secured by the fact that it is only in the said countries that the performance of the compulsory and optional rites is possible; in fact, apart from the said countries, there is no possibility of the performance of Dharma in its entirity. For instance, in the snowy regions of Kāśmīra and such places, people suffer so much from cold that they are unable to attend to their evening prayers outside their house; nor (for the same reason) is it possible to read the Veda in the proper manner, going out either to the east or to the north of the village; nor lastly, is it possible to bathe in the river every day during the winter.

-----------------

The implication of the expression ‘twice-born people’ is that no country can be ‘the land of mlecchas’ except when it is inhabited by mlechhas. For otherwise any man entering that country would at once become a ‘mleccha’; and as such how could he be a ‘twice born’ person? It might be argued that — “by merely entering that country one does not become a mleccha, he becomes so only by residing there, and it is this residence that is prohibited here.” — But this can not bo accepted; because what is mentioned here is ‘resorting,’ which connotes the idea of the man being born in one country and then leaving it and going to another country; and there can be no ‘resorting’ to a place which is already inhabited. If this were not meant, then the Author would have simply said that ‘one should never reside in any other country after renouncing these.’ It might be argued that “the ‘resorting’ being already accomplished, the re-iteration of it serves the purpose of precluding others.” — But in that case this would become a ‘Parisankhyā’ a ‘Preclusive Injunction and such injunctions are beset with three defects.

It might be argued that “it is the abandoning (of the countries) that is indirectly indicated, the sense being that one should never abandon these countries.”

But so long as the direct meaning of a text is admissible, there can bo no justification for admitting an indirect indication. For this reason what has been said above cannot be accepted. From all this it follows that what the words imply is that men do not become ‘mlecchas’ by merely coming into contact with a certain country, it is the country that becomes ‘the land of mlecchas’ through the contact of men (mlecchas).

In as much as service of the twice-born people constitutes the prescribed duty of the śūdra, it follows as a matter of course that the latter should reside where the former reside; but if he fails to obtain a living in that country, then he may go. and live in another country; this is what is permitted (in the latter part of the verse). When the man comes to have a large family, or becomes unfit for service, — even though the twice-born person on whom he is dependent may be prepared to support him, — the śūdra may go and live in another country, where there may be a chance for him to acquire wealth. But even so he should never live in a country where mlecchas form the majority of inhabitants; he should betake himself to a land fit for sacrifices; because if he lived in a country abounding in mlecchas it would be impossible for him to avoid their contact, in the course of moving, sitting, eating and so fourth; so that there would be the fear of his becoming a mleccha.

‘Distressed for a living,’ — i.e., suffering from want of a living. ‘Living’ means wealth sníficient for the maintaining of one’s family. In the absence of such ‘living,’ there is a curtain amount of ‘distress;’ and this distress which is caused by the want of living is spoken of as caused by the ‘living’ itself; just as good harvest being the effect of rain, famine is caused by want of rain, but is spoken of as ‘caused by rain.’

‘In any country’ implies want of restriction.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Aparārka (p. 6) as permitting the Śūdra to reside, for the sake of livelihood, in ‘Mleccā’ countries also; — in the Vīramitrodaya (Paribhāṣā, p. 56), which explains ‘vṛtti’ as ‘livelihood ‘karṣitaḥ’ as ‘in difficulty’, and the compound ‘vṛttikarṣitaḥ’ as ‘one who is in difficulties regarding livelihood — and in the Saṃskāramayūkha (p. 4).

 

Comparative notes by various authors:

Baudhāyana, 1-30. — ‘Āraṭṭa, Kāraskara, Puṇḍraka, Sauvīra, Baṅga, Kaliṅga, Prāsūna, — if one goes to those countries, he should perform the expiatory rite of either Punaḥstoma or Sarvapṛṣṭhā.

Baudhāyana. — ‘Anantaka (Dvārakā), Aṅga, Magadha, Surāṣṭra, Dakṣiṇāpatha Upāvṛt, Sindhu, Sauvīra, these countries are of mixed origin.’

Ādipurāṇa (Vīra-Pari., p. 59). — ‘A person horn in Āryāvarta either twice-born or not, should never cross the Karmāda (Karmanāśā), the Sindhu or the Karatoyā. The twice-born person should never go beyond Āryāvarta except on pilgrimage, or in obedience to the order of his parents.’ In Magadha, the sacred places of pilgrimage are Gaya, the river Poonpoon; the Hermitage of Chyavana and the forest of Rājagṛha.’

Vāyu-purāṇa (Ibid). — ‘Kāñchī, Kośala, Saurāṣṭra, Karṇāṭa, Kacheha, Kāverī, Kolvaṇa (land near the Tryambaka Hill, near Nāsik), — these tracts are not commended. That tract of land over which the five rivers (Śatadru, Vipāśā, Airāvaiī, Chandrabhāgā and Vitastā) flow is called Āraṭṭa; the Ārya should not permanently dwell in this country. One who crosses the Narmadā, the Sindhu aud the Kosi, or goes to the West of Puṣkara, and lives there beyond the time of pilgrimage, goes to hell. — Aṅga, Baṅga, Kaliṅga, Andhra, Madra, Mālavika, tract to the South of the Narmadā or to the North of the Sindhu, Pauṇḍra, Surāṣṭra, Vaindhya, Māgadhaka, Khaśa, — these are all sinful tracts.’

Vāyu-purāṇa (Ibid). — ‘The country bounded on the South by the Mahānadī, and on the North by Magadha is the country of Triśaṅku, with an area of 48 square miles; this country should be avoided.’

Vāyu-purāṇa (Ibid, p. 57). — ‘Wise men should take shelter in that country where there is prosperity due to the black antelope, barley, grass, the four castes and the four life-stages.’

Skanda-purāṇa (Vira-Pari., p. GO). — ‘Aṅga, Baṅga, Kaliṅga, Parvata, Khaśa, Sindhu, Sauvīra, Saurāṣṭra, Pārada, Andhra, Mālava, — these the twice-born should avoid. But when pressed for livelihood, the Householder may betake himself to these countries.’

Bhaviṣya purāṇa (Do., p. 55). — Brahmāvarta is the best country; less than that is the Ṛṣideśa; less than this latter is the Madhyadeśa; next to that comes the Āryāvarta.’

Chāndogya Upaniṣad (quoted in Vīra-Paribhāṣā, p. 60). — ‘One shall not approach the Caṇḍāla, nor the inferior country.’

Pitāmaha (Do., p. 60). — ‘One may reside even in the kingdom of the Śūdra, if the Gaṅgā flows through it: even though that country may he inhabited by uncultured people, yet it is a sacred land.

Vyāsa (Do., p. 61). — ‘Those places, those countries, those mountains and those hermitages are sacred through which the best of rivers, the Gaṅgā, flows.’

Viṣṇudharmottara (Do.). — ‘The righteous man should reside at Prabhāsa, at Puṣkara, at Kāśī, at Naimiṣa, at Amarakaṇṭaka, on the Gaṅgā or on the Sarayū.’

 

 

VERSE 2.25 [Summing up]

Section VII - Summing up

 

एषा धर्मस्य वो योनिः समासेन प्रकीर्तिता ।
सम्भवश्चास्य सर्वस्य वर्णधर्मान्निबोधत ॥२५॥

eṣā dharmasya vo yoniḥ samāsena prakīrtitā |
sambhavaścāsya sarvasya varṇadharmānnibodhata ||25||

 

Thus has the source of Dharma been briefly explained to you, as also the origin of all this (world). Learn now the duties of the several castes. — (25).

 

Medhātithi’s commentary (manubhāṣya):

Here we have the recapitulation of all that has gone before, — and this for the purpose of refreshing the memory.

‘Yoniḥ’ — ‘source,’ cause.

‘Samāśena’ — ‘briefly,’ in brief.

‘Sambhavaśca’ — ‘also the origin’ — this refers to what has gone in Discourse I.

‘Of all this’ — this refers to the ‘creation of the world,’ which is recalled in the form of a mental picture, and thus brought before the eye (which makes it capable of being referred to by the pronoun ‘this’).

‘The duties of the several castes’ — The duties that should he performed by the various castes.

‘Learn’ — i.e. in detail.

In this connection, the author of the Smṛtivivaraṇa describes five kinds of Dharma or Duty: —

‘Varṇa-dharma,’ ‘duties pertaining to caste;’

‘Āśrama-dharma,’ ‘Duties pertaining to Life-stages,’

‘Varṇāśrama-dharma,’ ‘duties pertaining to caste and life-stage’;

‘Naimittika-Dharma,’ ‘Occasional Duties,’

and ‘Guṇa-Dharma’ ‘Duties pertaining to qualification.’ —

(1) Of these, that which proceeds entirely on the basis of caste, and takes no account of age, life-stage or any such circumstances, is called ‘duty pertaining to castes;’ e.g., what is laid down in such rules as — ‘the Brāhmaṇa should not be killed,’ ‘wine shall not be drank by the Brāhmaṇa’ — refers to a particular caste only, and is meant to apply to every person of that caste till his very last breath.

(2) ‘Duty pertaining to life-stage’ is that which does not depend upon caste only, but takes account of a particular life-stage also; e.g., ‘Fire-kindling and alms-begging are the duties of the Vedic student’ (Gautama 2.8).

(3) ‘Duty pertaining to caste and life-stage’ is that which is related to both; e g., when it is prescribed that ‘the bow-string made of grass is the girdle for the Kṣatriya student,’ it means that what is mentioned does not apply to any other life-stage (than that of the student), nor to any other caste (except the Kṣatriya); — what is meant to he the example here is the wearing of the girdle during student-life, not the first taking of it, which forms part of the Upanayana-rites, and does not pertaiṇ to the particular life-stage; and the Upanayana itself is what ushers in a particular life-stage, and it is not a ‘duty pertaining to the life-stage.’

(4) The ‘Occasional Duty’ consists of such acts as the purifying of things and so forth.

(5) ‘Duty pertaining to qualifications’ is that which is presented in connection with special qualifications; e.g., what is laid down in such rules as ‘he should be absolved from six’ is with reference to the qualification of ‘vast learning;’ to this same category belong also all those duties that are laid down for the ‘annointed’ Kṣatriya.

All these are meant to be included under the ‘of the castes’ (mentioned in the text); and hence the text mentions those only; and it does not make mention of the sub-divisions, because in the first place there are endless subdivisions, and secondly, (if the text went about mentioning all possible kinds of duties) it would have to mention those many duties also which are laid down for men in general, without reference to any particular caste. Similarly with other varieties of ‘Duty.’ In fact the ‘Duties pertaining to castes’ have been mentioned only as an indication; it does not mean that the duties of the mixed castes are excluded from consideration; because this latter has also been promised (in 1.2) as the subject to lie expounded; and the present statement is only meant to be the reiteration of that promise. — (25)

 

Explanatory notes by Ganganath Jha:

‘Dharmasya’ — Govindarāja alone takes this to mean ‘spiritual merit others agree in taking it as ‘duties

Medhātithi (p. 78,1.28) — ‘Iha pañcaprakāro dharmoḥ’ — This view is here attributed to the author of the Smṛtivivaraṇa. Kullūka quotes the Bhaviṣyapurāṇa to the same effect.

Modern writers and lecturers on what they call ‘Varṇā-śramadharma’ should note the exact connotation of this name, as here explained by Medhātithi.

 

 

VERSE 2.26 [Duties and Sacraments]

Section VIII - Duties and Sacraments

 

वैदिकैः कर्मभिः पुण्यैर्निषेकादिर्द्विजन्मनाम् ।
कार्यः शरीरसंस्कारः पावनः प्रेत्य चैह च ॥२६॥

vaidikaiḥ karmabhiḥ puṇyairniṣekādirdvijanmanām |
kāryaḥ śarīrasaṃskāraḥ pāvanaḥ pretya caiha ca ||26||

 

For the twice-born persons corporeal consecration, beginning with ‘Conception,’ should be performed with auspicious Vedic rites; it purifies in this world and also after death. — (26)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Vedic rites’ spoken of here are mantra-recitations. ‘Veda’ here stands for mantras; and what ‘arises out of them’ (which is what is expressed by the affix in ‘Vaidikaiḥ’) is the ‘reciting’; hence the nominal affix ‘ṭhañ’ comes under the provisions of the Vārtika on Pāṇini, 4. 3. 60.

Or, the word ‘vaidika’ (Vedic) may he taken as figuratively applied to the rites, on the ground of their source lying in the Veda. ‘Karma,’ ‘Rites,’ would, in this case, stand for the act constituting the procedure; and hence becomes possible the differentiation and the relation of cause and effect (between the Karma and the Saṁskāra which is expressed in the assertion — ‘the consecration, saṁskāra, should he performed by means of the Rites?

‘Conception’ — is the depositing of the semen in the womb, and ‘niṣekādiḥ’ stands for that body of sacraments to he described below, which liegins with the said ‘Conception’ and ends with ‘Initiation’ ( Upanayana). The singular number in ‘Śarīrasaṁskāraḥ,’ ‘corporeal consecration,’ is due to the whole body of sacraments being taken collectively. ‘Consecration’ means the preparation of a qualified body; and the Eeveral sacraments serve to produce in the body special qualifications.

This is what is meant by the term ‘pāvanaḥ,’ ‘it nurifies,’ removes impurities.

‘In this world and also after death’. — This means that the person duly consecrated becomes entitled to the performance of all those acts that, like the Kārīri and other sacrifices, lead to material results, -as also those that, like the Jyotiṣṭoma etc., bring spiritual rewards; and hence the consecrations are of use in both worlds.

‘Puṇyaiḥ’ — ‘auspicious,’ ie., propitious; i.e., they bring good luck and remove bad luck. Thus there is a clear difference between the word ‘puṇy a’ and ‘pāvana’ here.

‘For the twice-born persons,’ — this serves to exclude the Śūdras. This word serves to point out who are the persons to be consecrated; and it is only by indirect indication that the three higher castes arc understood to be meant; for before consecration, they are not yet ‘twice-born’ (the ‘second birth’ consisting of the consecration). — (26)

 

Explanatory notes by Ganganath Jha:

‘Vaidikaiḥ karmabhiḥ’. — The term ‘vaidika-karma’ here stands for Vedic mantras; — or for rites prescribed in the Veda. Both explanations are found in Medhātithi and Govindarāja; Kullūka notes only the latter explanation.

This verse has been quoted in the Vīramitrodaya (Saṃskāra, p. 132) as laying down the necessity of performing the Saṃskāras. Here also both the above explanations are noted. — It explains the term ‘śarīra’ in the compound ‘Śarīrasaṃskāraḥ’ to stand for the constituents of the body. — ‘In this world and also after death’ — has been explained as implying that the Saṃskāras help ‘after death’ by enabling the man to perform such sacrifices as lead him to heaven, and they help ‘in this world’ by enabling him to perform such sacrifices as the Kārīrī and the like, which bring desirable results in the world, in the shape of rain, children and so forth. — It is quoted in the Smṛticandrikā (Saṃskāra, p. 36), to the effect that sacramental rites are performed with Vedic Mantras in the ease of the Twice-bom persons only; it adds that these sacraments are called ‘pāvana’, ‘purificatory’ of the person, because, performed with Vedic Mantras, they serve to destroy sins.

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 7.7. — ‘Sanctified by means of the forty sacraments.’

Gautama-Dharmnsūtra, 7.14. — ‘Four are the Vedic observances.’

Yājñavalkya, 1.10. — ‘From Conception till Death, the rites of the Brāhmaṇa, the Kṣatriya and the Vaiśya are performed with Mantras.’

Yama (Vīra-Saṃskāra, p. 132). — ‘The Śūdra also should be sanctified; hut without Mantras,’

Baijavapa (Ibid). — ‘For the Śūdra also, the following sacraments have been ordained — Niṣeka, Puṃsavana, Sīmantonnayana, Jātakarma, Nāmakaraṇa, Annaprāśana, and Chaula, — as to he done without Mantras.’

Jātūkarṇya (Ibid, p. 134) — ‘For the Śūdra, there is Marriage as also the Final (Death) Rites.’

 

 

VERSE 2.27

Section VIII - Duties and Sacraments

 

गार्भैर्होमैर्जातकर्मचौडमौञ्जीनिबन्धनैः ।
बैजिकं गार्भिकं चैनं द्विजानामपमृज्यते ॥२७॥

gārbhairhomairjātakarmacauḍamauñjīnibandhanaiḥ |
baijikaṃ gārbhikaṃ cainaṃ dvijānāmapamṛjyate ||27||

 

Of twice-born men the taint of seed and womb is removed by the ‘Libations in connection with Pregnancy’ and by ‘Jātakarman’ (Rites attendant upon birth), ‘Chauḍa’ (Tonsure) and ‘Mauñjībandhana’ (Tying of the grass-girdle). (27)

 

Medhātithi’s commentary (manubhāṣya):

The statement that ‘corporeal consecration is purifying and auspicious’ has pointed out the use of the Sacraments Now, ‘purification’ consists in removing the impurities of the impure thing; and the question arises — “whence the impurity of the Body?”

It is in answer to this that the text speaks of ‘the taint of seed and womb,’; — ‘of the seed,’ is that which arises from, or is due to, the seed; — similarly ‘of the womb’ (is that which arises from, or is due to, the womb). ‘Taint’ is evil, an unseen source of pain. All that is meant by this is that the Body is impure, owing its birth to the seed and the womb. The ‘seed’ of man consists of semen and ovule; and these by their very nature, are impure. Similarly the womb, is impure by contamination. And the ‘taint’ of the man thus caused is ‘removed? wiped away, by the sacraments.

These sacrameuts are now mentioned ; some are actually named, while others are left to be indicated by the peculiar circumstances of what is sanctified.

‘Libations in connection with pregnancy,’ — thoso that are offered when the pregnancy of the woman has come about, — or those that are offered for the purpose of bringing about pregnancy; in either case the libations are said to be ‘in connection with pregnancy.’ What prompts the offering is the pregnancy, the woman being only a means to it; so that the libations, being prompted by pregnancy, are said to be in connection with it; and these are the rites of ‘Pumsavana,’ ‘Sīmantonnayana’ and ‘Garbhādhāna.’ The word ‘libation’ here stands for the whole rite; as the ‘Garbhādhāna’ (‘Conception’) is certainly not a ‘Libation.’ The exact details of the rites, regarding the substances to be offered, the duties and so forth — arc to be found out from the Gṛhyasūtras.

Just as by the ‘libations in connection with pregnancy’. so also by the sacrament known as ‘Jātakarman’ (Rites attendant upon birth). Similarly by ‘Tonsure’; — ‘Chauḍa,’ ‘Tonsure,’ is meant that which is performed for the purpose of the ‘cūḍā’ (the- lock of hair left to grow on the crown of the head). ‘Tying of the gross-girdle’ is Upanayana; as it is at this ceremony that the girdle of muñja-grass is tied, this indicates that rite. ‘Nibandhana’ is the same as ‘bandhana’; and the prefix ‘ni’ has been added for filling up the metre.

‘Jātakarman’ and the rest — which are the names of the sacraments — have been made into a copulative compound, and then have the instrumental ending added to show that they are instrumental in the removal of taint.

------------

Every ‘consecration’ brings about some peculiarity, either seen (material) or unseen (spiritual), in the thing consecrated, which is subservient to something else to be brought about, and has either already subserved, or is going to subserve, the purposes of this latter thing. For instance, in the case of the ‘threshing of the corn’ and ‘offering sacrifices with the corn,’ the ‘threshing’ (which is the ‘consecration’ or ‘purification’ in this case) produces in the corns, that are going to help in the accomplishment of the sacrifice, the visible peculiarity, in the shape of the removal of the chaff. [So that in this case the thing consecrated is going to subserve some useful purpose]. When again it is said that ‘removing the garland from the head one should keep it in a clean place,’ the garland is something that has been used (and served its purpose) and has become mangled in shape; so that the special method of its disposal (after use) only produces an invisible effect. Now all the sacraments mentioned in the text are prescribed for the purpose of the purification of the body; but they are not found to bring about in the body any such effects as the removal of bad odour, etc., which is done by washing with clay and water. Hence the ‘purification’ in this case should be understood to consist in some unseen effect; just as has been held to result from the particular time at which the birth of the individual takes place. And when the man has become purified by such purification, he becomes fit for the performance of acts prescribed in the Smṛtis and in the Vedas; just as the Butter sanctified by mantras is fit for use in libations. In connection with ordinary (non-religious) acts, all necessary purity is attained by the (external) purification of things; as in the case of the Butter required for eating. As for that ‘purity’ of the boy which consists in his touchabien?ss, this is brought about by the ‘washing with water’ mentioned as the means of purifying the body (in 5.109). Hence has it been declared that ‘there is no impurity arising from his touch.’

Objection. —

“How can these sacraments be regarded as subserving the purposes of actions? As regards the ‘sprinkling of butter,’ it is only natural that through the butter it should subserve the purposes of the sacrificial act, in Connection with which it has been prescribed. These sacraments however lie entirely, outside the pale of any action; — their injunction not occurring in the context of any sacrificial act. So it is difficult to say that they help in the sacrifice through the man (in the way in which the does through the butter). And unless it subserves the purposes of an act, consecration cannot be performed for its own sake; as in that case it should cease to be a ‘consecration’ (which is always subsidiary to something else), and become a primary act itself, and (when it ceases to be a consecration) this would mean the nullification of the statement ‘corporeal consecration should be performed’ (verse 26), and also of the Accusative ending in the statement ‘when, the boy is born, before he is touched by any other person, the father should etc.’ (which refers to the Birth-rites); and in that case, the sense of the injunction will have to be altered, as is done in the case of the injunction ‘Saktūñjuhoti’ [where the incompatibility of the Accusative ending leads us to alter it into the Instrumental ], — a particular result (as arising out of the consecration, as a primary act by itself) will have to be assumed; and so forth, a number of absurd assumptions will have to be made.”

Our answer to the above is as follows: — What we mean by the consecration subserving the purposes of sacrifices is-not that it is a subsidiary integral part of these, — which character is indicated by Direct Vedic Declaration and certain other means; all that we mean is that it is helpful to it; and this helpfulness is possible even without the one forming an integral part of the other. For instance, we have the injunction regarding the ‘laying of fire’ and that relating to ‘Vedic study’; but there is no Direct Injunction or any other indication (of these forming part of any sacrifice); all that we find is the Vedic text ‘offerings are made into the which lays down the ‘Āhavanīya’ (as the receptacle of the offerings); and as the precise nature of the ‘Āhavanīya’ is superphysical, the only way in which it can be brought into existence is by means of the prescribed ‘laying of fire,’ which is contained in the text ‘the Brāhmaṇa should lay the fires during spring’; so that the ‘laying of fire’ helps in the sacrificial performance through the bringing into existence of the Āhavanīya, and yet it does not form an integral part of the performance. ‘Vedic study’ also helps in the sacrificial performance, through the knowledge of the meaning of Vedic texts (acquired by the study).

Analogous to these two is the case of the sacraments:

• the act of Vedic study can be done only by one who has had these sacraments performed,

• it is only when one has carried out the injunction of Vedic study that he can marry,

• it is only when one has married that he can ‘lay the fire,’

• and it is only one who has ‘laid the fire’ that is entitled (to the performance of sacrifices).

It is in this way that even though the sacraments are laid down apart from the sacrificial injunctions, yet their due performance is helpful towards the sacrificial acts.

Since the text speaks of ‘Niṣeka’ (conception, depositing of the semen) as the first of the sacraments, it follows that all the sacraments for the child are to be performed by the father. Thus the mantra for the ‘Rites on Birth’ reads — ‘You are my very soul, bearing the name of son’ (Śatapatha Brāhmaṇa, 14. 9. 4. 8.) [which clearly shows that it is recited by the father]. It is for the father again that the begetting and instructing of children has been prescribed as a duty in the verse — ‘Having paid off the three debts etc.,’ (6.35); and the passage. It is for this reason that the duly instructed son is called the real son,’ speaks of ‘instruction,’ which consists in teaching the boy his duties; and we shall show later on that this ‘instruction’ is accomplished only by teaching hi m the Veda up to the point where the boy comprehends its full meaning. It is thus that the sacraments are of use to both: they help the father in the begetting of the right sort of child, and they help the boy in the performance of those acts that can be done only by one who has been duly consecrated. Thus it is the father on whom devolves the task of having the sacraments properly performed; and on his death, for hi m who takes his place; for instance, it is said ‘he who h as not been consecrated should be consecrated by his brothers who have had their consecration already done.’ (Yājñavalkya, 2.124). — (27)

The author next indicates, by way of illustration, those acts in which the sacraments of the Boy are helpful: —

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 80, 1. 8) — Gṛhyasmṛtibhyo — vasātavyam — see Āśvalāyana Gṛhya Sūtra 1-13-14.

Medhātithi (p. 80, 1. 10) ‘Mekhalā badhyate’ — see Gautama, 1-15.

This verse has been quoted by the Mitākṣarā on 3.253 (p. 1285), where it has been taken to mean that the sacrament of the Upanayaṇa wipes off all the sins committed by the boy prior to it.

It is also quoted in the Vīramitrodaya (Saṃskāra, p. 134) and has been taken to mean that the Sacramental Rites are meant only for the ‘Twice-bom — and in the Aparārka (p. 25), as indicating that the sacraments are meant for the Twice-born only, on the ground that they have been mentioned after the injunction of Upanayaṇa which pertains to the Twice-born only. It is quoted in the Smṛtikaumudī (p. 48), which notes that the term ‘Saṃskāra’ (Sacrament) connotes destruction of sin or impurity.

It is quoted in the Smṛticandrikā (Saṃskāra, p. 36), which adds the following notes: — ‘Bīja’ stands for semen-ovule, the impurity due to defects in that is called ‘baijika’ — that due to residence in the womb is called, ‘gārbhika’; — ‘homaiḥ’ includes the Garbhādhāna and other rites that are accompanied by libations into fire; — and in the Saṃskāra - ratnamālā (p. 5) to the effect that Homa is to be performed by the Twice-bom only; — ‘baijika’ is such impurity relating to the semen-ovule as is due to the intercourse having taken place at a forbidden time, — ‘Gārbhika’ is the impurity due to residence in a womb that is not quite clean; — it quotes Medhātithi to the effect that as.the ‘semen-ovule’ and the ‘womb’ cannot be the effects of any sins of the child, the ‘enaḥ’ mentioned in the text must be taken as standing not for actual sin, but for the impurity or uncleanliness due to the child’s physical connection with them.

 

Comparative notes by various authors:

(Verses 27 and 28)

Sumantu (Vīra-Saṃskāra, p. 131). — ‘The sacraments common to the Brāhmaṇa, the Kṣatriya and the Vaiśya, are the following — Garbhādhāna, Sīmantonnayana, Jātakarma, Nāmakaraṇa, Annaprāśana, Cūḍā, Upanayana, Vratacaryā, Adhyayana, Samāvartana, Vivāha, Yajña and Dāna.’

Hārīta (Ibid, p. 135). — ‘There are two kinds of Sacraments — Brāhma and Daiva; the Garbhādhāna and the rest ending with Snāna, which are proscribed in the Smṛtis, are “brāhma”; the Pākayajñas, the Haviryajñas and the Somayajñas are “daiva”.’

Jātūkarṇya (Ibid, p. 135). — ‘The sixteen sacramental rites are the following —

(1) Ādhāna,

(2) Puṃsavana,

(3) Sīmanta,

(4) Jāta,

(5) Nāma,

(6) Anna,

(7) Chaula,

(8) Mauñjī,

(9-12) the four Vratas,

(13) Godāna,

(14) Samāvartana,

(15) Vivāha,

and (16) Antya.’

Āṅgiras (Ibid). — ‘

(1) Garbhādhāna,

(2) Puṃsavana,

(3) Sīmanta,

(4) Bali,

(5) Jātakṛtya,

(6) Nāmakaraṇa,

(7) Niṣkrama,

(8) Annaprāśana,

(9) Chaulakarma,

(10) Upanayana,

(11-14) the Four Veda-vratas,

(15) Snāna,

(16) Udvāha,

(17) Āgrayaṇa,

(18) Aṣṭakā,

(19) Śrāvaṇī,

(20) Āśvayujī,

(21) Mārgaśīrṣī,

(22) Pārvaṇa,

(23) Utsarga,

(24) Upākaraṇa,

(25) Mahāyajñas;

these are the obligatory sacraments, specially for the Brāhmaṇa. It is by means of the sacraments that Brāhmaṇahood comes to be gradually manifested.’

Āśvalāyana (Ibid, p. 136). — ‘The five mahāyajñas are to be performed daily; the sixteen cuding with Marriage are naimittīka, to be done on prescribed occasions; the Pārvaṇa is to be done every month, or if this be not possible, then every year; the seven sacrifices beginning with Āgrayaṇa are to be performed once in the year.’

Gautama (Ibid, p. 137). — ‘The following are the 10 Sacraments —

(1) Garbhādhāna,

(2) Puṃsavana,

(3) Sīmantonnayana,

(4) Jātakarma,

(5) Nāmakaraṇa,

(6) Annaprāśana,

(7) Chaula,

(8) Upanayana,

(9-12) the four Veda-vratas,

(13) Snāna,

(14) Sahadharmacāriṇīsaṃyoga,

(15-19) the five mahāyajñas,

(20-26) the seven Pākayajñas — Aṣṭakā, Pārvaṇa-Śrāddba, Śrāvanī, Āgrahāyaṇī, Caitrī and Āśvayujī,

(27-33) the seven Haviryajñas — Agnyādheya, Agnihotra, Darśapūrṇamāsa, Cāturmāsya, Āgrayaṇeṣṭi, Nirūdhapaśubandha, and Sautrāmaṇi,

(33-40) the seven Somayajñas — Agniṣṭoma, Atyagniṣṭoma, Ukthya, Ṣoḍasbī, Vājapeya, Atirātra and Āptoryamā’

...‘He who has not had these forty sacraments, nor is endowed with the eight qualities of the soul (sympathy for all beings, forgiveness, freedom from jealousy, purity, equanimity, good character, non-miserliness) is never united to Brahman, nor does he attain the regions of Brahman.’

Hārita (Ibid, p. 130). — ‘He who has been sanctified by the Brāhma Sacraments becomes equal to the sages and becomes united with them and attains their regions; and he who is sanctified by the Daiva sacraments becomes equal to the gods, is united with them and reaches their regions.’

Do. (Aparārka, p. 25). — ‘When the women of the twice-born castes are sanctified by the performance of a single sacrament, every child that they bear thereafter becomes sanctified thereby.’

Śaṅkha-Likhita (Ibid, p. 110). — ‘The Brāhmaṇa who is endowed with the two sets of sacraments and is equipped with the eight qualities (of the soul) attains the regions of Brahman.’

Devala (Aparārka, p. 25). — ‘Just as a picture becomes manifested through the gradual appearance of the several limbs, in the same manner Brāhmaṇahood becomes manifested through the lawful performance of the sacraments.’

 

 

VERSE 2.28

Section VIII - Duties and Sacraments

 

स्वाध्यायेन व्रतैर्होमैस्त्रैविद्येनेज्यया सुतैः ।
महायज्ञैश्च यज्ञैश्च ब्राह्मीयं क्रियते तनुः ॥२८॥

svādhyāyena vratairhomaistraividyenejyayā sutaiḥ |
mahāyajñaiśca yajñaiśca brāhmīyaṃ kriyate tanuḥ ||28||

 

This body is made godly, — by a thorough study of the three Vedas, by Observances, by libations, by offerings, by children, by the Great Sacrifices and by the Sacrifices. (28)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘svādhyāya’ here stands for the act of studying (in general; and not for Vedic study, which is what it ordinarily means); and the subject-matter of the study is therefore indicated by the term ‘of theThree Vedas,’ ‘traividyena.’ Even though the two terms (‘svādhyāyena’ and ‘traividyena’) do not stand in close proximity, yet they are construed together on account of their denotations being correlated, in accordance with the law that ‘when the denotation of one term is connected with that of another, they should be taken as correlated.’ Hence, even though both the terms are in the same (Instrumental) case, yet one (traividyena) may be taken as denoting the object of the other (svādhyāyena) by altering the signification of the case-ending; the phrase ‘traividyena svādhyāyena’ thus being construed as ‘trayāṇām Vedānām (traividyasya) adhyayanena (svādhyāyena),’ ‘by a thorough study of the three Vedas’

‘Traividya’ is the compounded form of ‘trayo’; the formation of the term being similar to that of such terms as ‘chaturvarṇya’ and the rest.

Or, ‘svādhyāyena' may be taken (as usual) in the sense of the study of the verbal text of the Vedas, and ‘traividyena' in that of the study of their meaning.

‘By Observances’ — by the ‘Sāvitra’ and other observances kept by the Religious Student.

‘By Libations’ — i.e., those that are poured at the time of the Initiation, — or the kindling of fire with fuels, which the Religious Student has to do every morning and evening, may be spoken as ‘libation,’ on account of Fire being the receptacle of the act of kindling (just as it is of the act of pouring libations).

“Is not the putting of fuel on the fire really a ‘libation’ — that you should call it so simply from the said analogy?”

People say that it is not really a ‘libation because ‘libations’ and ‘offerings’ consist only of eatable substances.

“How then does the author himself say (under 2.186) that ‘the Religious Student should, every morning and evening offer the libation (juhuyāt) of fuels into the Fire’?”

It is only in a figurative sense that the ‘laying of fuel’ is called ‘homa’, ‘libation’; the idea being that the fuel for the kindling of fire is thrown into it in the same manner as substances are poured as libations; and it is on the basis of this analogy that the kindling is called ‘libation’ In the original injunction (of fire-kindling) the words used are ‘sami dham-ādadhyat,’ ‘should lay the fuel’ [where the word ‘homa,’ ‘libation’ is not used]. As for the words (in Manu, 2.186) ‘agnim juhuyāt tābhih,’ (‘should offer the libation of fuels into fire’), we shall point out later on that they are purely explanatory (not mandatory), and mean something quite different; and in explanations, figurative expressions are not out of place.

[This is the view of some people]. The right view however is that the offering of any fit and proper substance constitutes the acts of ‘Yāga’ (Sacrifice) and ‘Homa’ (Libation). It is only in this sense that we can rightly comprehend several injunctions. For instance, we have the injunction ‘praitaram praharati,’ where ‘praharati,’ is taken to mean ‘offer in sacrifice’ and ‘prastaram’ (‘bed of Kuśa-grass’) is taken as the substance offered [and certainly the ‘Kuśa-bed’ is not an eatable substance],

“In this particular instance, we have to take the ‘sacrifice’ as consisting of the offering of the Grass-bed, simply because it is so directly enjoined. And further, Kuśa-grass also is eatable for some.”

Well, how is it then in the case of the ‘Śākala-homa’ (where pebbles are offered)?”

“In that case also it has to be done in that way, because of the direct injunction — ‘one should offer the pebbles’.”

What explanation can there be of the case of the ‘Grahayāga,’ where fuels of the arka and other plants are offered to each of the Grahas?

From all this it is clear that wherever we have the term ‘juhuyāt’ (‘should offer libation’) and the connection of a Deity also is mentioned, in the original Injunction, the act is to be regarded as ‘Homa,’ ‘Libation.’

‘By offerings’ — i.e., by offerings to the Gods and Ṛṣis.

Up to this point we had the duties of the Religious Student.

Next follow the duties of the Householder.

‘By children,’ — i.e., by the act of begetting children.

‘By the great sacrifices’ — i.e., by the five ‘sacrifices,’ consisting of Brahtnayajña and the rest.

‘By sacrifices,’ — i.e., by the Jyotiṣṭoma and other Vedic Sacrifices.

The question being raised that — “if there were any useful purpose served by these acts, then alone could there be any use for the sacraments which fit a man for these acts,” — the Author says — ‘this body is made godly,’ ‘tanuḥ.’ — ‘Brahma’ here stands for the Supreme God, the Creator; and this ‘tanu,’ body, is made ‘related to God,’ ‘godly,’ — by all these acts, which are laid down in the Veda and in the Smṛtis. ‘Godliness’ meant here is that which consists in being transformed into the very essence of God; as this is the highest end of man; as for other forms of ‘relation to God,’ this is already an accomplished fact for all beings, — for the simple reason that God is the Creator of all things; and hence these other relations cannot be anything to be longed for. For this reason it is the attainment of ‘Final Release’ that must be meant here.

The term ‘brāhmī,’ ‘godly’ — as also the term ‘tanu,’ ‘body’ — refers to the personality ensouling the body; as it is the personality that is consecrated by the sacraments; and it is the personality that attains Final Release; as for the physical body, it entirely perishes.

Others have explained the phrase ‘it made godly’ to mean that ‘it is made capable of reaching Brahma as (they argue) the actual ‘becoming Brahman’ is not possible by means of acts alone; Final Release (which is what is meant by(becoming Brahman’) is'attainable only by means of Knowledge and Action conjointly. Hence what the text means is that the man, by the said acts, becomes entitled to meditate upon Ātman (Brahman). To this end we have the Vedic text — ‘O Gārgi, when anyone, without knowing the Imperishable One, sacrifices, pours oblations, performs penances, studies the Veda or gives charities, all this becomes perishable’ (Bṛha dāraṇyaka Upaniṣad, 3. 8. 10).

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Objection. —

“Nowhere in the Veda is the attaining of Brahman declared to be the reward of the actions here enumerated. For instance, (A) as for the compulsory acts, they are prescribed as being without rewards. If we.were to assume rewards, such an assumption would be purely human in its source (and as such not authoritative). And since the Veda has declared them to be compulsory by means of such phrases ‘throughout one’s life’ and the like, there can be no justification for applying the principle.of the V sacrifice (and assume the reward to consist in the attaining of heaven). If it were argued that — ‘from the present verse of Manu itself we learn that the said Acts bring the mentioned rewards,’ — then it would come to this that only such persons are entitled to these acts as long for Final Release; which would deprive them of their compulsory character; and this would be contrary to what has been declared in the Veda. It may be argued that — ‘inasmuch as no one ever undertakes a fruitless act, (if no rewards were mentioned) the laying down of the acts would be futile.’ ‘But there may be no performance at all; that does not matter; the use of a ‘source of knowledge’ lies in making things known; if it has succeeded in doing this, its purpose has been served; and the present verse does clearly indicate some acts as to be done; and if this indication is accomplished (the purpose of the scriptural injunction has been served); if people do not perform those acts, they transgress the behests of the scripture, and thereby incur sin. All old writers have explained the sense of the Injunctive etc., on these lines. If a servant does not perform his duty, as he is ordered to doby his master, cither he does not obtain his wages, or he incurs sin. Now as regards the compulsory acts, since no rewards are mentioned (in the form of wages), the evil that follows is not in the form of losing the reward, but in the form of suffering pain. It is only in this manner that we can explain the fact of, all men being required to perform the compulsory acts. From all this it follows that in the case of compulsory acts there is no reward. (B) As regards the optional acts, other results have boen declared as following from them, and not Fin l Release (the one mentioned here). How then could this Final Release be such an end of man as is accomplished by the mere performance of acts?”

It is just in view of these considerations that the text has been explained as a mere ‘arthavāda,’ meant to eulogise the injunction of the Sacraments.

Some people have taken the expression ‘godly’ figuratively — on some basis or other — to mean ‘capable of reciting the Veda and of performing the acts prescribed in the Veda’; ‘brahma’ being taken as equivalent to ‘Veda.’

“How is it then that Gautama (8. 8) has spoken of ‘forty sacraments’? There the Soma-sacrifice also has been mentioned as a sacrament; and certainly a primary sacrifice (as the Soma-sacrifice undoubtedly is) can never have the character of a mere consecratory sacrament. Nor is it possible to take this part of Gautama’s Sutra as an arthavāda; as all the forty sacraments are spoken of as being on the same footing.”

As a matter of fact, the statement of Gautama is purely commendatory, the Soma-sacrifice being spoken as a ‘sacrament’ in the sense that it brings about in the performer’s soul a peculiar aptitude.

Similarly in the present context real Sacraments have been mentioned along with non-sacraments with a view to indicate that both equally lead to the same result; and the purpose served by this is to show that the performance of all of them is necessary. It is thus not necesary to take the verse as apart from the section dealing with Sacraments.

Then again, the term ‘is made’ is meant to be commendatory, as is shown by the fact that we have the present tense, and not the injunctive affix. So that there is nothing to justify the idea that ‘the attaining of Brahman’ is the reward (of what is enjoined). In fact the present verse does not enjoin any actions; and hence there cannot arise any desire on our part to know their result, which could justify the assumption that the present tense has the force of the Injunctive; as has been done in the case of the Rātrīsatra, in connection with which even though we have the present tense in the term ‘pratit ṣṭhanṭi’ (‘obtain a standing’), yet it is taken as laying down the result following from the Bātrisatra.

From all this it follows that all that is said in the verse is for the eulogising of the Sacraments.

Some people interpret the verse by breaking it up into two parts — taking it to mean that ‘the attaining of Brahman is the reward of the compulsory acts, and of the optional acts the rewards are such as are actually mentioned in the Veda along with these acts.’

But there is no authority for this; because the entire verse is purely commendatory: specially as it has been already explained that the compulsory acts are performed without the idea of any rewards. It is in view of this that our Author has said (under 2.2) that ‘it is not right to be absorbed in desires.’ — (28)

 

Explanatory notes by Ganganath Jha:

‘Vrataiḥ’ — (a) ‘The particular observances kept by the student while studying particular portions of the Veda (Medhātithi, Govindarāja and Nārāyaṇa); — ‘the voluntary restraints, such as abstention from honey, meat and such things’ — (Kullūka and Rāghavānanda) — ‘such observances as the Prājāpatya penance’ (Nandana).

‘Traividyena’ — ‘By learning the meaning of the three Vedas’ (Medhātithi and Nandana); — ‘By undertaking the vow to study the three Vedas in thirty-six years, as mentioned under 3.1 (Govindarāja, Kullūka and Rāghavānanda).

‘Ijyayā’ — ‘Ijyā’ here stands for ‘the offering to the gods, sages and Pitṛs’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — or ‘the Pākayajñas’ (Nārāyaṇa and Nandana).

‘Brāhmīyam kṛyate tanuḥ.’ — ‘Related to Brahman;’ i. e. ‘united with the Supreme Spirit’ — according to Medhātithi, who also notes that according to ‘others,’ the meaning is that ‘the body is made fit to attain Brahman.’ As the reference is to the ‘tanuḥ,’ ‘body,’ Burnell understands that ‘Brahman’ stands here for the ‘world-substance, not as a spiritual, but as a physical force’. This however is entirely off the mark.

This verse is quoted in the Mitākṣarā (on 1. 103, p. 76) as setting forth the desirable results acruing to the man who offers the Vaiśvadeva offerings, which latter, on this account, cannot be regarded as sanctificatory of the food that has been cooked.

This verse is quoted in the Vīramitrodaya (Saṃskāra, p. 140), where the words are thus explained: — ‘Svādhyāya’ stands for the learning of the Veda; — ‘Vrata’ for the Sāvitrī and other observances; — ‘Traividyā’ for the knowledge of. the meaning of the three Vedas; — ‘Ijyā’ for the worshipping of the gods and others; — ‘Brahmā’ for related to Brahman, through the knowledge of that Supreme Being.

 

Comparative notes by various authors:

(Verses 27 and 28)

See Comparative notes for Verse 2.27.

 

 

VERSE 2.29 [The ‘jātakarma’ sacrament]

Section IX - The ‘jātakarma’ sacrament

 

प्राङ् नाभिवर्धनात् पुंसो जातकर्म विधीयते ।
मन्त्रवत् प्राशनं चास्य हिरण्यमधुसर्पिषाम् ॥२९॥

prāṅ nābhivardhanāt puṃso jātakarma vidhīyate |
mantravat prāśanaṃ cāsya hiraṇyamadhusarpiṣām ||29||

 

For the male child, before the cutting of the umbilical cord the performance of the Jāta-karma (Birth-rite) has been ordained: (it consists of) the feeding of him with gold, honey and butter, to the accompaniment of Mantras. — (29).

 

Medhātithi’s commentary (manubhāṣya):

‘Vardhana’ is cutting.

‘Jātakarma’ is the name of the particular rite. The exact form of this rite is to be learnt from the Gṛhya-sūtras, In answer to the question as to which is the act to which the name ‘Jāta-karma’ is applied, the author adds — ‘the feeding with gold, honey and butter?.’ ‘Of him’ refers to the child; or, it may refer to the rite; the sense being that ‘of rite’ of Jāta-karma, the principal part consists in the feeding of the child to the accompaniment of mantras.

‘To the accompaniment of mantras’, — i.e., the act should be done along with the reciting of mantras. Though the present text does not specify the mantras, yet, since all Smṛtis have the same end in view, we must accept those same mantras that are prescribed in other Smṛtis. Hence it follows that the mantras that should be recited are those that have been mentioned in the Gṛhya-sūtras.

“If it is necessary to call in the aid of the Gṛhya-sūtras, the substances (Gold, Honey and Butter) also need not have been mentioned here; as in the Gṛhya-sūtra we find the following words (in Apastamba’s Gṛhya-sūtra, 1.15.1). — ‘The child should be made to eat butter, honey and the essence of gold with a golden ladle, with the mantra, Prati dadāmi madhuno ghṛtaṣya etc.’ Further, there are many Gṛhya-sūtras; the mantras also that are prescribed in the various Gṛhyaṣūtras are different; the very procedure of the rite is variously prescribed; so that (if we were to seek for information from the Gṛhyas) we would fail to know which one of these we should adopt. It might he argued that the name of the particular Vedic Rescension (which the performer has studied and with which a particular Gṛhyasūtra is connected) would help to determine the exact procedure to be adopted. But in that case, there can be no use in Manu laying down the ‘Birth-rite’ and the other sacraments; as these also could be learnt from the Gṛhyasūtras themselves. Every sūtra is named after a particular Vedic Rescension, — e.g., ‘Gṛhya of the Kaṭhas,’ ‘Gṛyya of the Āśvalāyanas’ and so forth; so that a man would naturally adopt that procedure which is laid down in the Gṛhya that is named after the Rescension to which he belongs.”

To the above our answer is as follows: — The fact that the substances (Honey, etc.) mentioned in the text are just those prescribed in the Gṛhyas in connection with the ‘Jātakarma,’ shows that the rites mentioned (here and in the Gṛhya) are the same. This is what leads us to the recognition that — ‘the rite ordained here having the same name and the same substances as those found in the Gṛhyas, this must be the same as that.’ In several cases we recognise a thing through its qualities. And when the rites are one and the same, if a certain detail is not mentioned in one text, it has to be brought in from the other text, specially when there is no inconsistency between the two. It has been decided that th e act (of Agnihotra) prescribed in the several rescensional Vedic texts is one and the same; and the analogy of this leads us to conclude that the act (of the sacrament) as prescribed in the several Smṛtis (of Manu and of the Gṛhya-sūtras) must be one and the same. As regards the uncertainty that has been urged by the objector as to the exact procedure to be adopted, in face of there being many, Gṛhyas laying down diverse procedures, — our answer to that is that all the Gṛhyas being equally authoritative, what one has got to do is that when the details varying in them are those relating to the end, he may adopt any one of them optionally, while if the details varying relate to different purposes, he should employ them all. The name of the Vedic Rescension can never form the determining factor. Because the name of the Vedic text in relation to a particular individual is not such an invariable factor as his ‘yotra and pravara’ are; for a man is called after that Vedic Rescension which he happens to study: if he has studied the ‘Kāthaka’ rescension he is called ‘Kāṭhaka,’ and if he has studied the Ṛgveda, he is called ‘Bahvṛca’; and in regard to studying there is no such hard and fast rule as that ‘such and such a man should study only such and such a rescensional text.’ Then again, a man very often studies several Vedic texts, as is ordained (by Manu, in 3.2) — ‘Having studied the Vedas &c. &c. and one has studied all the three Vedas comes to be known by all such names — as ‘Ka?thuma’ (Sāmavedin) ‘Kāṭhāka’ (Yajurvedin) and Bahvṛca’ (Ṛgvedin); and in this case one must have recourse to option. For the man however who studies a single Vedic text, it is only right that he should adopt the procedure prescribed in the Gṛhya that is named after that Vedic text; in fact, he can follow only that procedure; as he has studied only the mantras occurring in that particular text; and these alone he can recite (properly). In fact the only knowledge that he possesses of the Rite is what is derived from that particular text.

“As for the man’s knowing the mantras, since the Veda is studied only for the performance of the rites, the man would read up just those mantras (also of the other texts) that might be used in a certain performance.”

Our answer to this is that the study of the Veda is undertaken in virtue of the Injunction of ‘Vedic study;’ and until one has studied the Veda, he is not entitled to perform any religious act; it is not (as the objector thinks) that the Veda is studied only for the performing of the acts. In fact, the name that has been applied to the various Gṛhyas — as ‘this is the Gṛhya of the Kaṭhas,’ ‘this is the Gṛhya of the Vājasaneyins’ and so forth — is simply for the purpose of indicating what particular mantras have to be employed by certain persons; and when the majority of mantras prescribed in a certain Gṛhya happen to be those that have been read in a particular Vedic text, that Gṛhya comes to be named after that text. Further, when Gṛhya Smṛti is a trustworthy source of knowledge, even though it may be named after the ‘Kaṭhas,’ it cannot fail to make its purport known to the Ṛgvedins also; and what forms the purport of the Vedas and the Smṛtis is that ‘such and such an act should be done.’ So that when one has come to know that ‘this should be done,’ there can be nothing to limit the performance of that act to any particular class of persons, unless there is a Vedic text specifying any particular performer; — as for instance, when the performance of the Tanūnapāt Prayāja is restricted to the ‘Vaśiṣṭha’ clan, — or a distinct prohibition sets aside the said ‘performability.’ Neither of these two circumstances is present in the case in question. Nor can it presumed that the Ṛgveda is not an authority for the Kaṭhas, or vice versa. Because until a particular Vedic text has been actually studied, there is no difference between the ‘Kaṭha’ and the ‘Non-Kaṭha.’ As regards the ‘Gotra’ (the Clan-name), this is fixed for each man (being determined by his birth). So that the ‘Gṛhya’ of a man does not stand on the same footing as his ‘Gotra.’

This [that the Gṛhya of the man is that connected with the Vedic text that he has studied] is what is meant by the assertion — ‘He who renounces his won Gṛhyaṣūtra and acts according to another Gṛhyasūtra &c.’ In fact the man can carry into practice the precepts of that text only which he h as studied. Consequently if one were to give up the rules of his own Vedic text to perform a rite in accordance with the Vedic text studied by his forefathers, and adopt the procedure laid down in the Gṛhyas belonging to this latter, he would incur the sin of ‘renouncing his own Vedic text’; or in this case the sin of ‘renouncing the text’ will have been committed by the father who did not teach the boy that particular text which had been continually studied in his family; and no blame attaches, in this, to the boy himself. In a case where the boy has lost his father and betakes himself to the teacher, as Jābāla is described as having done, it would be right for the Teacher to teach him that Text which had been studied in the boy’s family, — in accordance with the law ‘one should proceed by the path by which his father and grandfather have proceeded’ (Manu, 4.178); ‘and the renouncing of the hereditary Vedic text’ would be justifiable only in the event of its study being absolutely impossible.

From all this we deduce the following conclusion: — All the sacraments — ‘Jātakarma’ and the rest — have been prescribed in all the Smṛtis; and where they lay down different details pertaining to diverse purposes, they should all be employed; but when any such details pertain to the same end and are mutually inconsistent, then there should be an option as to the particular detail to be employed.

‘Of the male child’ — is added with a view to exclude the female and the sexless child.

Others however have held that there is no special significance attaching to the masculine gender of the word; because the context refers to all ‘twice-born’ persons in general as to undergo the sacramental rites. That which is meant to be ‘consecrated’ forms the principal factor; and it has been decided that no significance attaches to any such qualifications gender, number and the like, when applied to the principal factor; e.g., even though the washing of the cups is laid down in the words — ‘one should wash the cup’ (in the singular), — yet all the cups are washed. Similarly when it is laid down, that ‘the man who is feverish, or just free from fever, should be fed at the close of the day,’ — the feverish woman also is fed at that same time; and it is because the present verse affords the idea of the sacrament being performed for females also that the Author has added the interdict (in 2.66) that ‘the whole of this is to be done for women without Mantras’ [otherwise, if the present verse itself had excluded the women, there would be no point in this further interdict]. Then again, marriage (which is also a sacrament) is actually spoken of (in 9. 203) in connection with Eunuchs.

Our answer to the above is as follows: — The word ‘male’ does not denote the ‘human’ genus in general, in the way that the word ‘man’ does; and it is only if it did have that denotation that there might he some ground for not attaching any significance to the gender expressed by the particular case-ending. What the word ‘male’ denotes in all cases is a particular gender in the form of masculinity, as pertaining to all things, moving and unmoving, corporeal and incorporeal. In the present case the gender is denoted by the basic noun (‘pumān’ in ‘puruṣaḥ’) itself; and it is only in connection with what is denoted by the case-ending, that the question of significance or non-significance can arise; and the reason for this lies in the fact that the denotation of number (or gender) is not the only function of the case-ending, — it may have its use simply in the denoting of any one of several such factors as the ‘accusative character’ and so forth [so that if no significance is attached to any one of these several factors, it does not matter]. In the present case however (where the gender is denoted by the basic noun itself), if no significance were attached to the gender, then the word ‘pumān’ would become absolutely meaningless. As in the very instance cited above, full significance is actually attached to the denotation of the basic noun ‘Cup’; and this is done simply because the sentence would, otherwise, become absolutely meaningless.

The following argument might be urged — “It is not only what is signified by the case-ending that may be non-significant; as a matter of fact, the denotation of the entire word, if it qualifies the subject, is regarded as non-significant. For instance, in the case of the text which lays down an expiatory rite in the case of one for whom ‘both offering materials have been spoilt.’ — though we have the word ‘both,’ yet the expiatory rite is performed even on the spoiling of even one of the two materials, milk and curd; and no significance is attached to the denotation of the entire word ‘both’ (which qualifies the subject.)”

To this objection some people offer the following answer: — The present case is not analogous to the case just cited. In the latter, the ‘Pañcaśarāva rite’ (which is the expiatory rite referred to) is not done for the sake of the offering-material; all that is meant is that the spoiling of the materials provides the occasion for the performance of the rite; — while in the case in question, the sacraments are done for the sake of the Boy.

This difference (between the two cases) however is of no consequence at all. Because as a matter of fact, it is only with a view to avoid a syntactical split that significance is not attached to qualifications; and even though the Rite were for the sake of the material, that would not prevent the said syntactical split.

Hence the real answer to the objection is as follows: — The passage beginning with ‘vaidikaiḥ karmabhiḥ, etc.,’ (Verse 26) is what constitutes the original injunction of the ‘Jātakarma’ sacrament; and throughout this passage it is the male that is indicated as the person to be ‘consecrated.’ So that if no significance were attached to this male-character, the whole passage would become meaningless. It is this same consideration which leads us (in the case of the passage cited by the objection) to attach due significance to the denotation of the word ‘offering-material’ (even though none is attached to its qualification ‘both’).

“Well, then the sacraments would be performed for the Śūdra also; as the passage does not specify any particular caste.”

Certainly there is no possibility of the sacraments for Śūdras, because sacraments are performed to the accompaniment of Mantras. Or, we may take the term ‘of the twice-born persons,’ occurring in a supplementary passage, as providing the necessary restriction. Nor does the term ‘of the twice-born persons’ in the said passage pertain (as a qualification) only to what is therein enjoined; so that it cannot be urged that, “in as much as the necessity of their consecration has been mentioned in that passage, no significance can attach to the term ‘male’ in the present passage; just as none is attached to the term ‘both’ in the passage referred to above.”

As for the fact of a later text (Verse 66) speaking of the Rites for females being ‘without mantras,’ this could be taken as an independent injunction; without necessarily depending upon the fact of the ‘sacrament with mantras’ being possible for women also (under the present verse; of which the later verse has been regarded as an exception, by the objector above).

As for the ‘marriage of sexless persons’; — ‘sexless’ persons are of various kinds — e.g., (a) those whose semen is ‘airy,’ (Impotent), (b) those who have the signs of both sexes (Hermaphrodite), and (c) those whose organs are inactive. All these people cannot be excluded from all the ‘sacraments’; because, in the first place their impotence, etc., cannot be detected at the time (during infancy) when the ‘Jātakarma’ and the other (earlier) sacraments are performed; and secondly (even when detected) the said impotence, etc., may be such as might be cured, and certainly a characteristic that is not of a permanent character can never serve as a disqualification. For instance, absence of wealth; this is not a permanent characteristic, like the caste of a person; for the man who has no wealth comes to acquire wealth; having remained poor for a long time, a man becomes very rich in a single day. It is on the killing of such a (confirmed and permanent) eunuch that one becomes purified (of the sin) by the giving of a load of dry grass; and the reason for this lies in the fact that he has had no ‘sacraments,’ he has not been ‘initiated,’ and his life is of no use to any person.

From all this it follows that the present text prescribes the sacraments for males only, — the later Verse (66) prescribes them for females as to be done ‘without mantras,’ — and for eunuchs there are no sacraments at all. — (29)

 

Explanatory notes by Ganganath Jha:

‘Hiranya-madhu-sarpisām’ — Though the text clearly says that the child is to be fed with gold, honey and butter, it appears from the Gṛhya Sūtras that the last two substances only are to be given to the child, after they have been touched with a piece of gold.’ — Buhler.

‘Mantravat.’ — The mantras are those used by his own sect or his gurus.

Hopkins has the following note here: — “This commentator’s (Medhātithi’s) use of ‘some think’, ‘some explain’ is such, as in this passage, to suggest that they are occasionally used hypothetically, a possible view being set up and overthrown rather than actual statement that other commentators explain the passage so and so; a modification of meaning that would somewhat affect the amount of criticism devoted to the text before Medhātithi’s day.”

Though this may be true, to a certain extent, regarding the references in the form of ‘kechit’, it cannot be so regarding those in the form ‘anye tu’ or ‘anyevya cakṣate’ and such other moṛe definite references to other explanations.

This verse has been quoted by Raghunandana in his Smṛtitattva (Jyotiṣ, p. 648) — dealing with the Jātakarma Sacrament; — also in the Madanapārijāta (p. 353).

This verse is quoted in the Puruṣārthacintāmaṇi (p. 433) as laying down the time for the ‘Birth-sacrament’; — in the Saṃskāramayūkha (p. 23) which adds the following notes — ‘Vardhana’ is cutting; some people have held that no significance attaches to the masculine gender of ‘puruṣaḥ’; but Medhātithi has held that it is meant to be significant, there being no such rite in the case of the child without gender-signs, and for the woman it is performed without mantras in accordance with another text; — it is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 31 b); — in Hemādri (Pariśeṣa, p. 583), where‘Vardhana’ is explained as cutting; and again on p. 736, where the same is repeated; — in the same work (Śrāddha, p. 326); — in Saṃskāraratnamālā (p. 831) to the effect that the rite is to be performed before the cutting of the umbilical cord; — and in Smṛticandrikā (Saṃskāra, p. 49) to the same effect; it reads ‘puruṣam’ for ‘puruṣaḥ’

Vīramitrodaya (Saṃskāra, p. 192) quotes it as laying down the exact time for the performance of the sacrament, in the first half, — and the form of the sacrament in the second half. It quotes it again (p. 403) in support of the view that Manu having prescribed the sacraments of Nāmakaraṇa, Niṣkramaṇa, Annaprāśana, Chuḍā, Upanayaṇa and Keśānta, for the male child, — adds a verse (2. 66) to the effect that ‘all this is to be done for the female child &c. &c., — which makes it clear that the Upanayaṇa rite should be performed for the female child also; and the statement (in 2-67) that for women the ‘marriage’ constitutes the ‘upanayaṇa’ only provides a possible substitute for Upanayaṇa in the case of females.

This verse is quoted in Nirṇayasindhu (p. 171) as laying down the Jātakarma, and explains ‘vardhana’ as ‘cutting.’

 

Comparative notes by various authors:

Mahābhārata (Ājagara Parva., 3?). — (The first line of Manu repeated.)

Viṣṇu (Smṛti, 1.27.1). — ‘On the birth of the child, the Jātakarma.’

Āśvalāyana (Gṛhyasūtrā, 15.1.3). — ‘When the boy is born, before he has been touched by any other person, he should be made to eat, with a golden spoon, butter, honey and gold, with the mantra — ‘Pra te dadhāmi, etc.’ — ‘The following mantra is to he recited into the ear of the child — medhānte devaḥ savitā, etc.’ — ‘The shoulders are touched with the mantra — Aśmā bhava’, etc.

Āṣhvalāyana (Vīra-Saṃskāra, p. 193). — ‘The Jātakarma should be performed by the twice-born immediately on the birth of the child.’

Gobhila (Gṛhyasūtrā, 2.7.21). — ‘Taking hold of the boy as soon as he is born, one should make an offering into his mouth, with the mantra Medhānte mitrāvaruṇau, etc.’

Āśvalāyana (Vīra-Saṃskāra, p. 191). — ‘When the boy is born, the Father should perform the Jātakarma sacrament after having performed the Nāndī-śrāddha.’

Jābāli (Ibid). — ‘Before the umbilical cord has been cut, the Śrāddha consequent on child-birth should be performed.’

Garga (Ibid). — ‘The Jātakarma is prescribed as to be performed, as soon as the boy is born, before he is put to the mother’s breast, or before the umbilical cord has been cut.’

Śaṅkha (Parāśaramādhava, p. 110). — ‘To all members of his family he shall give quadrupeds, grains, gold and other things.’

Śaṅkha-Likhita (Ibid). — ‘On. birth, there is Jātakarma; and feeding of the child with barley-dour, honey, butter, by means of a golden spoon.’

Baijavāpa (Ibid). — ‘As soon as the boy is born, before the cutting of the cord, he should be fed with water touched with gold, and also with curd, honey, butter.’

Viṣṇudarmottara (Parāśaramādhava, p. 440). — ‘On the birth of the son, the Śrāddha should be performed before the cutting of the umbilical cord; or after the expiry of the period of impurity.’

Vyāsa (Do.) — ‘When the man is away from home, or when his wife is in her courses, when he has no materials nor Brāh-niaṇas at hand, lie shall perform the Birth-śrāddha with gold.’

Samvārta (Paraśaramādhava, p. 439). — ‘On the birth of the son, bathing with clothes on has been prescribed for the father.’

Ādityapurāṇa (Ibid, p. 410). — ‘At the Birth-śrāddha one shall not offer cooked food to the Brāhmaṇas.’

Pāraskara (Ibid, p. 440). — ‘When the boy is horn, before the cord is cut, one should perform rites tending to longevity and intelligence; uttering into his right ear, the word ‘Vāk’ and then his secret name.’

Brahmapurūṇa (Aparārka, p. 20) and Ādityapurāṇa, (Parāśaramādhava, p. 440). — ‘Gods and Pitṛs come to the house of the twice-born whenever a son is born; therefore on that occasion, sacred rites should be performed; one should give away gold, land, cows and chariots, umbrellas, goats, garlands, sesamum, houses and much wealth, and after performing the śrāddha, he should offer cooked food to Brāhmaṇas.’

Hārīta (Do.) — ‘On the birth of the son, the Pitṛs become delighted; hence that day is sacred; hence one should give away vessels full of sesamum, along with gold; and having invited Brāhmaṇas, one should make offerings to the Pitṛs; and prior to the cutting of the umbilical cord, they make

 

 

VERSE 2.30 [The ‘Naming Ceremony’ (nāmadheya)]

Section X - The ‘Naming Ceremony’ (nāmadheya)

 

नामधेयं दशम्यां तु द्वादश्यां वाऽस्य कारयेत् ।
पुण्ये तिथौ मुहूर्ते वा नक्षत्रे वा गुणान्विते ॥३०॥

nāmadheyaṃ daśamyāṃ tu dvādaśyāṃ vā'sya kārayet |
puṇye tithau muhūrte vā nakṣatre vā guṇānvite ||30||

 

One should have his ‘naming’ (Nāmadheya) done on the tenth or the twelfth (day), on an auspicious lunar date and at an auspicious moment. and under a propitious lunar asterism. — (30)

 

Medhātithi’s commentary (manubhāṣya):

One should perform the ‘naming,’ ‘Nāmadheya,’ of the child on the tenth or the twelfth day.

No significance is meant to be attached to the sense of the causative affix in ‘Kārayet,’ should have it done.’ For the Gṛhyasūtra simply says — ‘On the tenth day the father should take up the child and perform his naming’ (without the causal form).

The term ‘Nāmadheya’ means simply ‘nāma,’ ‘name’; and it is that word by which a person is called during life.

In as much as the section has started with the mentiou of the ‘Jātakarma,’ as to be done ‘before the cutting of the umbilical cord,’ it follows that the ‘tenth’ and ‘twelfth’ (of the Text) refer to the day as counted from the day of birth; and they do not refer to the lunar dates.

On this point some people have held that the mention of the ‘tenth day’ is only meant to indicate the ‘passing of the days of impurity’; the past-participle epithet ‘atītāyām,’ ‘having passed,’ being understood. So that the meaning is that, ‘for the Brāhmaṇa the Naming should be done after the lapse of the tenth day, for the Kṣatriya after the lapse of the twelfth day, and for the Vaiśya after the lapse of the fifteenth day.’

This explanation, however, is not right. For there being no ground for taking the words in the indirect figurative sense suggested, the ceremony could very well be performed during the period of impurity, just like the ‘Birth-rite.’ If the feeding of the Brāhmaṇas were enjoined (as a necessary accompaniment of the Ṛte), then there might be some justification for the suggested figurative interpretation.

If the ‘tenth’ or the ‘twelfth’ day happen to fulfil the conditions mentioned in the second line of the verse, then the ceremony should be done on those days. Otherwise it should be performed on some other auspicious lunar date.

The ‘auspicious lunar dates’ are the, the fifth (day of the lunar month), and so forth.

‘Puṇya,’ ‘auspicious,’ means commended. The ninth, fourteenth and such other days (of the lunar month), — which are commonly called ‘Riktā,’ — are ‘not commended,’ ‘inauspicious.’

‘Muhūrta,’ ‘moment,’ stands for what is called ‘lagna’ (the point of time indicated by the ‘contact with the Horizon,’ i.e., the ‘rising,’ of a particular Zodiacal Sign), Aquarius, and the rest. ‘At a moment that is auspicious,’ — i.e., which is not possessed by any evil planet, which is looked upon by Jupiter and Venus. Such ‘auspiciousness’ of the moment can be ascertained with the help of the science of Astrology.

‘Under a propitious lunar asterism,’ — the ‘are those beginning with Śraviṣṭhā; and that day on which these happen to be ‘propitious.’ The ‘propitiousness’ of the Lunar Asterism consists in its being free from the contact of ‘malignant’ and ‘evil’ planets, as also from the condition of ‘Vyatīpāta’ (a malignant aspect of the Sun and the Moon).

The particle ‘Vā’ in the Text has a collective sense (meaning ‘and’); hence the meaning is that ‘the ceremony should he performed on an auspicious day, and at an auspicious moment, and under a faultless lunar asterism.’ The due combination of all these conditions can be ascertained with the help of the Science of Astrology.

The final upshot of the whole comes to this: — The ceremony should never be performed before the tenth or twelfth day, — and after these days it may be performed only at the auspicious moment on that day which is found to be under a propitious lunar asterism.’ — (30)

 

Explanatory notes by Ganganath Jha:

‘Daśamyām dvādaśyām’ — ‘The tenth of twelfth day of the month’ — Medhātithi, who also notes and rejects the explanation — ‘after the lapse of the tenth or twelfth day — i.e., ‘on the lapsing of the period of impurity’ — which is accepted by Kullūka.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 233) where it notes the latter explanation and says that it has been rejected by Medhātithi and Aparārka. It is curious that having the work of Medhātithi before him, the author of Vīramitrodaya did not note his explanation that the ceremony is to be performed on the 10th or 12th day (tithi) of the month.

The verse is quoted in Madanapārijāta (p. 855) also, where however no explanation is given — and in Nirṇayasindhu (p. 371), where it is added that what is meant is that the naming of the Brāhmaṇa should be done on the expiry of the tenth day, of the Kṣatriya on the expiry of the twelfth day, of the Vaiśya on the expiry of the sixteenth day and of the Shudra on the expiry of the twenty-first day; — and the second half of the verse lays down substitutes.

This verse is quoted in Saṃskāramayūkha (p. 24), which adds that ‘daśamyām’ has been taken as ‘daśamyām añtāyam’, ‘after the lapse of the tenth day’, — that no significance attaches to the causal affix in ‘kārayet’; — in Saṃskāṛaratnamālā (p. 850), which adds that the causal affix in ‘kārayet’ has the reflexive sense; — in Nṛsiṃhaprasāda (Saṃskāra, p. 34a); — and in Sṛmticandrikā (Saṃskāra, p. 52), which explains meaning as ‘on the tenth day from the day of the birth, the father should do the naming’, it being the father’s business to do this.

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 27.5. — ‘The naming should be done after the lapse of the period of impurity.’

Yājñavalkya, 1.12. — ‘The naming on the eleventh day.’ Āśvalāyana (Gṛhyasūtrā, 1.4). — ‘They should give him a name.’

Pāraskara (Gṛhyasūtrā, 1.17.11). — ‘On the tenth day, the father should take him up, and after having fed the Brāhmaṇas, should perform the naming ceremony.’

Gobhila (Gṛhyasūtrā, 2.7.7). — ‘On the expiry of ten days, or hundred days, or a year, after birth, the Naming.’

Jyotirvaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 231). — ‘The naming of the boy should be done either on the day of birth, or on the twelfth day, or in special cases, on the tenth day.’

Maheśvara (Ibid). — ‘The Jātakarma and the naming of the boy should he done either by the father or brothers at the time of birth; or on the twelfth day from birth, or on the first day.’

[The naming on the day of birth refers to the imparting of a secret name, which is done along with the Jātakarma; see above.]

Viṣṇu-purāṇa (Ibid). — ‘The father should do the naming on the tenth day.’

Vyāsa (Ibid). — ‘Some wise men hold that the naming is to be done on the tenth day; others mention the twelfth day; and yet others hold that it should be done after the lapse of one full month.’

Nārada (Do.) — ‘From the birth, on the tenth day, or the twelfth day, is performed the naming of Brāhmaṇas; of the other two castes, it is on the expiry of the period of impurity; — so also for Śūdras; hut some people hold that the naming of the Śūdra should be done on the thirty-first day.’

Śaṅkha (Do.) — ‘The naming has been prescribed as to be done on the lapse of the period of impurity.’

Vaśiṣṭha (Do.) — ‘The naming is prescribed as to be done on the tenth or the twelfth dav.’

Bṛhaspati (Do.) — ‘The naming should he done, for the Brāhmaṇa, on the tenth or tho twelfth day; for the Kṣatriya on the thirteenth day; for the Vaiśya on the sixteenth day; and for the Śūdra either on the nineteenth (v. l. twentieth) or the thirty-second (v. l. twenty-second) day.’

Mahābhārata (Do.) — ‘The naming of the twice-born castes should be done on the twelfth, the sixteenth, the twentieth and the twenty-second day respectively; for the Brāhmaṇa it may be done on the tenth also.’

Bhaviṣyapurāṇa (Do.) — ‘On the expiry of the twelfth night, or, according to others, on the expiry of one month, or, according to others, on the eighteenth day.’

[Thus we find that the choice lies among the following days — the day of birth, tenth, eleventh, twelfth, thirteenth, sixteenth, eighteenth, nineteenth, twenty-second, thirty-first, hundred and first and the end of a year.]

As regards the ‘puṇya tithi, muhūrta and nakṣatra’ the reader is referred to the Vīramitrodaya-Saṃskāra, pp. 234-237.

 

 

VERSE 2.31

Section X - The ‘Naming Ceremony’ (nāmadheya)

 

मङ्गल्यं ब्राह्मणस्य स्यात् क्षत्रियस्य बलान्वितम् ।
वैश्यस्य धनसंयुक्तं शूद्रस्य तु जुगुप्सितम् ॥३१॥

maṅgalyaṃ brāhmaṇasya syāt kṣatriyasya balānvitam |
vaiśyasya dhanasaṃyuktaṃ śūdrasya tu jugupsitam ||31||

 

The name of the Brāhmaṇa should be auspicious, that of the Kṣatriya connected with power, that of the Vaiśya associated with wealth; while that of the Śūdra contemptible. — (31)

 

Medhātithi’s commentary (manubhāṣya):

The Author now proceeds to determine the form of the name to be given to the child.

‘Maṅgalyam,’ ‘auspicious,’ means ‘maṅgalāya hitam,’ or ‘maṅgalāya sādhu,’ ‘conducive to welfare.’ The ‘welfare’ meant here is that which consists in the fulfilment of something desirable, in the shape of longevity, wealth and such other things as lead to physical and mental pleasure. And a term can be said to be ‘conducive,’ — ‘hita’ or ‘sādhu,’ — to this welfare, only when it connotes it; and it is in this sense that we have the Nominal Affix (‘yat,’ in ‘maṅgalyam’). Further, by being ‘conducive’ it is not meant that it should always express the actual fulfilment of a desirable thing; but that it may also express the desirable thing itself.

This connotation of the desirable thing may be either (a) by means of compounds, such as ‘āyuḥsiddhi’ (accomplishment, of longevity), ‘dhanasiddhi’ (acquisition of wealth), ‘putralāhha’ (obtaining of a son), and so forth, — or (b) by a nominal affix connoting ‘conduciveness’ ‘effectiveness,’ or ‘purpose.’ But the Gṛhyasūtra has prohibited the use of a name ending in a Nominal affix — ‘One should fix a name ending with a Verbal, not one with a nominal affix’ — says Pāraskara. And as for compounds also, there is a combination of the denotations of two words; so that there is a chance of the name consisting of many letters; the lext is going to lay down certain appendages to the actual names, such as ‘the name of Brāhmaṇa should end in Śarman, and so forth’ (Manu, 2.32); so that if the name consists of three or four letters, along with the appendage ‘śarman,’ it would oome to consist of five or six letters; and this would go against the rule that ‘the name should consist of two or four letters.’ (Baudhāyana and Āpastamba). From all this it follows that such words should he employed as names as are connotative of things that are desired by most people, — e.g., son, cattle, landed property, daughter, wealth and so forth; and these should end with the term ‘śarman.’ Thus it is that such names become possible as ‘Go-śarman.’ ‘Dhana-śarman,’ ‘Hiraṇya-śarman,’ ‘Kalyāṇa-śarman,’ ‘Maṅgala-śarman,’ and so on.

Or, the term ‘maṅgala’ may be taken as standing for ‘Dharma,’ ‘Merit’; and ‘maṅgalya’ in that case would mean that which is conducive to merit (meritorious).

“What is it that is conducive to merit?”

All those words that constitute the names of Deities; e.g., ‘Indra,’ ‘Agni,’ ‘Vāyū’; also the names of sages — e.g., ‘Vasiṣṭha,’ ‘Viśvāmiṭra,’ ‘Medhātithi’; these latter also are ‘conducive to merit’; as is clearly indicated by such directions as — (a) ‘one should make offerings to the sages,’ (b) ‘one should meditate upon the men of pious deeds,’ ‘one who desires prosperity should, on rising in the morning, repeat the names of Deities, sages and of the Brāhmaṇas of pious deeds.’

The epithet ‘mangalya,’ ‘auspicious’ (meritorious) serves to preclude all ‘inauspicious’ names, such as ‘Yama,’ ‘Mṛtyu’ and the like; and also those that are meaningless — such, as ‘Ḍittha’ and the like.

‘That of the Kṣatriya connected with power,’ — i.e., expressive of power. The ‘anvaya’ (expressed by ‘anvita’ in the compound ‘balānvita’ means connection; and the only connection that a word can have with a thing is the relation, of being connotative of it. — ‘Power’ is strength; and the word, that connotes this should be used as the name for the Kṣatriya,e.g., ‘Śatruntapa,’ ‘Duryodhana,’ ‘Prajāpāla.’ The several kinds of names have been mentioned (in the text), as indicative of the several castes.

Similarly, ‘that of the Vaiśya Associated with wealth.’ It is not meant that only synonyms of ‘dhana’ should be used, — such as ‘Dhana’ ‘Vitta,’ ‘Svāpateya,’ — but that any word that may be in any way connotative of wealth should be used. Or, what is meant is that either such words as ‘dhana’ (‘wealth’) and the like should be used, or such as signify connection with wealth; such as ‘Dhanakarman,’ ‘Mahādhana,’ ‘Goman,’ ‘Dhānyag?aha.’

Throughout this verse, such is the meaning — of the term ‘connected with power’ and ‘associated with wealth.’ If this were not what is meant, the text would have said simply ‘the names of power should be used.’ And in that case, since the words actually denotative of power would be very few in number, while the number of individuals to be named would be endless, — all usage (based oh names) would come to an end.

‘That of the Śūdra contemptible,’ — such as ‘Kṛpaṇaka,’ ‘Dīna,’ ‘Śavaraka,’ and so forth. — (31)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Gadādharapaddhati (Kālasāra, p. 217); — in Smṛticandrikā (Saṃskāra, p. 53) to the effect that the names of the four castes should consist of words expressive respectively, of welfare, strength, wealth and deprecation; — in Nṛsiṃhaprasāda (Saṃskāra p. 346); — and in Saṃskāra-mayūkha (p. 25).

Burnell — ‘This is now obsolete. The names of the different castes are now usually epithets or titles of some favourite deity. The caste is known only by the suffixed title.’

This verse has been quoted in Vīramitrodaya (Saṃskā ra, p. 242), where we have the following explanations: ‘maṅgalyam’ means expressive of auspiciousness; e.g., the name ‘Lakṣmīdhara’; — ‘Balānvitam’ means expressive of bravery, e.g., the name ‘Yudhiṣṭhira;’ — ‘dhanasamyuktam’, means containing terms expressive of wealth; e.g., the name ‘Mahādhana’; — ‘jugupsitam’ means containing a term denoting depreciation; e.g., the name ‘Naradāsa’.

Madanapārijāta also quotes this verse (on p. 357), where it is explained to mean that ‘the names should be expressive of auspiciousness and the rest’

Parāśaramādhava (Ācāra, p. 441) quotes it as also the four typical names as — ‘Śrī Śarmā’ ‘Vikramapālo’, Māṇikyaśreṣṭhi and Hīnadāsa; — it is quoted in Aparārka (p. 27) as laying down rules regarding the first part of the name.

 

Comparative notes by various authors:

Śaṅkha (Smṛti, 2.3). — ‘The name of all castes should consist of an even number of letters; an auspicious one for the Brāhmaṇa, one endowed with strength for the Kṣatriya.’

Viṣṇu (Smṛti, 1.27.6-9). — ‘The Brāhmaṇa’s name should be expressive of auspiciousness — the Kṣatriya’s expressive of strength, — the Vaiśya’s expressive of wealth, — the Śūdra’s expressive of depreciation.’

Vīramitrodaya (Śaṃskāra, p. 237). — Names are of four kinds;

connected with family-deity,

connected with month,

connected with asterism,

and temporal.

(a) Says Śaṅkha. — ‘The father should fix a name connected with the family-deity,’ i.e., a name consisting of words expressive of the Deity.

(b) Gārgya. — ‘The father should impart to the hoy the name of the month and the name of the preceptor. The months have been declared to have the following names: —

Mārgaśīrṣa — Kṛṣṇa,

Pauṣa — Ananta,

Māgha — Achyuta,

Phālguna — Chakrī,

Caitra — Vaikuṇṭha,

Vaiśākha, — Janārdana,

Jyaiṣṭha, — Upendra,

Āṣāḍha — Yajñapuruṣa.

Śrāvaṇa — Vāsudeva.

Bhādra — Hari,

Āśvina — Yogīśa,

Kārttika — Puṇḍarīkākṣa.’

(c) Śaṅkha-Likhita. — ‘Either the father or some other senior member of the family should fix a name connected with the asterism.’ This name has been held to be the one to be used when the person bearing the name accosts a superior.

Says Baudhāyana — ‘This name in accordance with the asterism is the secret one, which is known only to the father and the mother and which the boy is to use in accosting.’

Also Āśvalāyana — ‘The accosting name should be known only to the father and the mother; as it is under this name that the boy is initiated.’

Also Śaunaka, ‘That name under which he is to be initiated, and by which he will do the accosting of the teacher, — should also be fixed at the time of the naming ceremony. This accostive name should be pronounced by the father very silently, so that others may not know it. This initiative name the parents should bear in mind.’

Like the names attached to the months the names attached to the asterisms are as follows: —

Agni (Kṛttikā),

Prajāpati (Rohiṇī),

Soma (Mṛgaśiras),

Rudra (Ārdrā),

Diti (Punarvasū),

Bṛhaspati (Puṣvā),

Sarpa (Aśleṣā),

Pitṛ (Maghā),

Bhaga (Purvaphalgunī),

Aryamā (Uttaraphalgunī),

Savitṛ (Hastā),

Tvaṣtṛ (Chitrā),

Āyuṣ (Svātī),

Indra-Agni (Viśākhā),

Mitra (Anurādhā),

Indra (Jyeṣṭhā),

Nirṛti (Mūlā),

Apas (Pūrvāṣāḍhā),

Viśvedevas (Uttarāṣāḍhā),

Viṣṇu (Śravaṇā),

Vasu (Dhaniṣṭhā),

Varuṇa (Śatabhiṣa),

Ajaikapāt (Pūrvabhādra),

Ahirbudhnya (Uttarabhādra),

Pūṣan (Revatī),

Aśvins (Aśvinī),

Yama (Bharaṇī).

But according to Baudhāyana, the “name connected with the asterism” is in accordance with the names of the asterisms themselves — such as ‘Rohiṇī,’ ‘Bharaṇī,’ and the rest; and not in accordance with the name of the deity attached to each asterism. According to the astrologers however each asterism has four letters assigned to it (such as chū-che-cho-la, assigned to Aśvinī, and so forth, and “the name connected with the asterism of Aśvinī,” would be the name whose first letter consists of one of these four letters).

(d) The ‘temporal name’ has been described by Bṛhaspati as ‘conducive to all kinds of business.’ It is this name that has been laid down by Āśvalāyana as having for its first letter one of the ghoṣa-letters, in its middle one of the antastha letters; ending with the visarga, containing either two or four vowels; and in male names the number of letters should always be even.

But Baijavāpa — ‘The father fixes the name, which consists of either two or three or four letters, or of unlimited number of letters.’

Vaśiṣṭha — ‘The name should consist of either two or four vowels, but those ending in l or r should be avoided.’

The Mahābhāṣya — ‘The first letter of the name should be ghoṣa-vat, the middle one of the antastha letters, it should not be similar to the names of the ancestors, or of the enemy; it should be one formed with a verbal affix, not with a nominal affix.’

Āśvalāyana — ‘That name is best which consists of either four or two letters, which is in consonance with that of the grandfather’ (this last includes also the gods).

Kapila-Saṃhitā — ‘On the eleventh day, in due form, the name should be given, which is in consonance with the family-custom, and resembles the name of the gods or of the parents.’

Baijavāpa (Aparārka, p. 27). — ‘The father gives a name either of one letter or two letters or three letters or four letters, or of letters without limit; it should be one formed with a verbal, never with a nominal, affix.’

 

 

VERSE 2.32

Section X - The ‘Naming Ceremony’ (nāmadheya)

 

शर्मवद् ब्राह्मणस्य स्याद् राज्ञो रक्षासमन्वितम् ।
वैश्यस्य पुष्टिसंयुक्तं शूद्रस्य प्रेष्यसंयुतम् ॥३२॥

śarmavad brāhmaṇasya syād rājño rakṣāsamanvitam |
vaiśyasya puṣṭisaṃyuktaṃ śūdrasya preṣyasaṃyutam ||32||

 

The name of the Brāhmaṇa should be expressive of ‘peace,’ that of the Kṣatriya, of ‘protection’; that ot the Vaiśya, of ‘prosperity,’ and that of the Śūdra, of ‘submissiveness.’ — (32)

 

Medhātithi’s commentary (manubhāṣya):

[What appears to be the meaning is that] the actual term (‘śarman,’ etc.) should form part of the name, — and that the two terms (mentioned in the preceding and the present verse) should appear in the order stated, the ‘auspicious’ term coming at the beginning and the term ‘śarman’ at the end (of the name), — as illustrated above (‘Go-śarman,’ ‘Dhana-śarman’ and so forth).

But this would not be possible in regard to the names of the Kṣatriya and the rest; because the term ‘rakṣā.’ (‘security,’ which is mentioned in connection with the Kṣatriya) is of the feminine gender, and as such could not be co-ordinated with the names of males. Hence in view of conformity, and in view also of actual practice, and also in view of the two verses being syntactically distinct, we should take them as complementary to each other; the sense being that the ‘auspicious name’ (mentioned in the preceding verse) should he ‘expressive of śarman, Peace’ — this term standing for refuge, shelter, happiness. It is only if we take the term ‘śarman’ of the text as standing for what is developed by it, that we have the possibility of names ending in ‘svāmū,’ ‘datta,’ ‘bhūti,’ and the rest; the name ‘Indrasvāmī’ meaning ‘he who has Indra for his shelter’; ‘Indra-datta’ also signifies the fact of Indra being the shelter.

Similarly with all the rest (the names of the Kṣatriya, etc.)

“What does this argument mean — that, in view of the two verses being syntactically distinct, we should take them as complementary to each other? Por the same reason, why are not the two sentences ‘one should sacrifice with Vrīhi’ and ‘one should sacrifice with Yava’ taken as complementary (and not as optional alternatives, as they have been taken)?”

What we have said is only what is indicated (by the words of the Text). The Text being the work of a human writer, if he had intended the statements to be optional alternatives, he should, for the sake of brevity, have said ‘the name should be either auspicious or expressive of peace’; when we have two distinct syntactical constructions, there are two verbs, and this becomes too prolix (and the prolixity cannot be justified except by taking the two as complementary). [All this reason ng, based upon intention and propriety of speech, cannot apply to the case of Vedic sentences, where there is no author.]

‘Rakṣā,’ is ‘protection,’ ‘preservation.’

‘Puṣṭi’ is ‘prosperity’ as well as ‘security.’ Such names as ‘Govṛddha’ ‘Dhanagupta.’

‘Preṣya’ is ‘submissive’; such names as ‘Brāhmaṇa-dāsa,’ and ‘Devadāsa,’ which means (respectively) ‘submissive to, dependent upon, the Brāhmaṇa’ and ‘submissive to and dependent upon a deity.’ — (32)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 243) also; and in Smṛticandrikā (Saṃskāra. p. 55) as laying down the subsidiary titles of the four caste-names; — also in Vidhānapārijāta (p. 309); — and in Nirṇayasindhu (p. 178).

Parāśaramādḥava (Ācāra, p. 441) quoting the verse explains it to mean that ‘śarman’ must be the suffixed word to the Brāhmaṇa’s name.

Nārayaṇa and Rāghavānanda opine that the name of the Brāhmaṇa must always contain the word ‘śarman’ itself. But Medhātithi and several others hold that the name should connote what is connoted by the term ‘śarman.’

The present day practice, however, follows the former explanation — ‘śarman’.being regarded now as the suffixed title to every Brāhmaṇa’s name.

 

Comparative notes by various authors:

Pāraskara-Gṛhyasūtrā, 1. 17.4. — ‘Śarma for the Brāhmaṇa, Varma for the Kṣatriya, Gupta for the Vaiśya.’

Vyāsa-Smṛti (Vīramitrodaya-Saṃskāra, p. 213). — ‘Śarma is the name commended for the Brāhmaṇa, Varma for the Kṣatriya, Gupta for the Vaiśya, and Dāsa for the Śūdra.’

Yama-Smṛti (Do.). — ‘Śarma and Deva for the Brāhmaṇa, Rājā for the Kṣatriya, Gupta and Datta for the Vaiśya and Dāsa for the Śūdra.

These titles have been thus explained by Āśvalāyanāchārya: — ‘The name of the Brāhmaṇa should end with Śarma because he imparts Śarma (happiness) to the world through his religious character, calmness and self-control; that of the Kṣatriya should end with Varmā, because like the Varma (armour), he protects the world from the three kinds of pain; that of the Vaiśya should end with Gupta, because he fosters (gopāyati) the people by giving them money at certain times; that of the Śūdra should end with Dāsa, because he keeps the twice-born people satisfied by constant service.’

 

 

VERSE 2.33

Section X - The ‘Naming Ceremony’ (nāmadheya)

 

स्त्रीणां सुखौद्यमक्रूरं विस्पष्टार्थं मनोहरम् ।
मङ्गल्यं दीर्घवर्णान्तमाशीर्वादाभिधानवत् ॥३३॥

strīṇāṃ sukhaudyamakrūraṃ vispaṣṭārthaṃ manoharam |
maṅgalyaṃ dīrghavarṇāntamāśīrvādābhidhānavat ||33||

 

That of women should be easily pronouncible, not harsh, of plain meaning, heart-captivating and auspicious; it should end in a long vowel and contain a benedictory term. — (33)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as significance has been attached to the mention of the ‘male’ child (in verse 29), what has been said in the preceding verses is not applicable to women; and the present verse is going to lay down rules regarding the names of women.

‘Easily pronouncible’; — that which can be easily pronounced; the name of women should be such as can be uttered, with ease, even by women and children. It is mostly women and children that have got to deal with women; and the woman’s organ of speech being not very efficient, she cannot pronounce each and every Sanskrit word; hence the Text lays stress upon this pronouncibility in the case of feminine names. This however docs not mean that the masculine names may be unpronouncible. As examples of ‘pronouncible’ names wo have, ‘Maṅgala-devī,’ ‘Chārudati,’ ‘Suvadanā,’ etc., and as counter-examples (i.e., of unpronouncible names), ‘Śarmiṣṭhā,’ ‘Suśliṣṭāṅgī,’ and the like.

‘Not harsh,’ — i.e., not denoting any thing harsh; names denoting harsh things are such as ‘Ḍākinī’ (Sorceress), ‘Paruṣā’ (Rough) and so forth.

‘Of plain meaning,’ — whose moaning does not need to be explained before it is comprehended; which, as soon as it is heard, couveys its meaning to the learned and the unlearned alike. As examples of names with meanings not plain, we have, (a) ‘Kāmaniḍhā’ and (b) ‘Kāriṣagandhī’; the meaning of these terms is not comprehended until the following explanations have been provided: — (a) ‘who is, as if it were, the very receptacle of love, she in whom all love is contained,’ and (b) ‘Kārīṣagandhī’ is the ‘daughter of Kariṣagandhi.’

‘Heart-captivating,’ — that which pleases the mind; e.g., ‘Śreyasī’; while of the contrary kind we have the name ‘Kālākṣī.’

‘Auspicious,’ — such as ‘Śarmavatī’; of the contrary kind is the name ‘Abhāgā,’ ‘M andabhāgā.’ ‘Ending in a long vowel,’ — that which has a long vowel at the end. Contrary to this is the name ‘Śarat.’

‘Āśīrvāda’ is that which denotes benediction; ‘abhidhāna’ is term; and when the two are compounded in tho dhāraya form, we get the meaning ‘benedictory term’; and the name that contains such a term is called ‘āśīrvādābhidhānavat,’ ‘containing a benedictory term.’ Examples of such names — ‘Saputrā,’ ‘Bahuputrā,’ ‘Kulavāhikā’; these are benedictory names; of the contrary kind are such names as, ‘Apraśastā,’ ‘Alakṣaṇā.’

“What is the difference between ‘auspicious’ and ‘benedictory’?”

None whatsoever. The second epithet has been added only for the purpose of filling up the metre. — (33)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 441), which cites the typical female name ‘Śrīdāsī.’

This is quoted also in Smṛtitattva (p. 631).

Vīramitrodaya (Saṃskāra, p. 243) quotes the verse, and having explained the words, cites as examples — ‘Yaśodā’ (easily pronouncible) ‘Kulaghnī’ (harsh) — ‘Indirā’ (not of plain meaning) — ‘Kamahīyā’ (heart-captivating) — ‘Subhadrā’ (auspicious) — and ‘Saubhāgyavatī’ (containing a benedictory term).

Vidhānapārijāta (p. 310) simply quotes the verse; — and Aparārka (p. 27) quotes it as laying down rules regarding the first part of female names.

This is quoted in Smṛti candrikā (Saṃskāra, p. 55), which adds the following notes — ‘sukhodyam,’ easily pronouncible, — ‘maṅgalyam’ denoting auspiciousness; — ‘dīrghavarṇa, the long ī. or ā.

 

Comparative notes by various authors:

Laghuśātātapa, 35. — ‘The girl should not be named after a river or an asterism or a tree; nor should she have a terrifying name.’

Āśvalāyana-Gṛhyasūtra, 1.15.9. — ‘The names of girls should consist of an odd number of letters.’

Gobhila-Gṛhyasūtrā, 2.7.15. — ‘The names of girls should be soft and consisting of an odd number of letters.’

Śaunaka (Vīramitrodaya-Saṃskāra, p. 213). — ‘The name of males should contain even, and of females odd, number of letters.’

Baijavāpa (Vīramitrodaya-Saṃskāra, p. 243). — ‘The name of the woman should consist of three letters and should end in the long ī.’

Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 243). — ‘The name of males should contain an even number of letters, and of females odd number of letters.’

 

 

VERSE 2.34 [The Ceremony of ‘First Egress,’

(niṣkramaṇa) and that of ‘First Feeding,’ (annaprāśana)]

Section XI - The Ceremony of ‘First Egress,’ (niṣkramaṇa) and that of ‘First Feeding,’ (annaprāśana)

 

चतुर्थे मासि कर्तव्यं शिशोर्निष्क्रमणं गृहात् ।
षष्ठेऽन्नप्राशनं मासि यद् वैष्टं मङ्गलं कुले ॥३४॥

caturthe māsi kartavyaṃ śiśorniṣkramaṇaṃ gṛhāt |
ṣaṣṭhe'nnaprāśanaṃ māsi yad vaiṣṭaṃ maṅgalaṃ kule ||34||

 

In the fourth month should be performed the ceremony of the child’s ‘Egress’ from the room; and in the sixth month the ceremony of ‘Feeding’; or, whatever might be regarded as auspicious in the family. — (34)

 

Medhātithi’s commentary (manubhāṣya):

‘In the fourth month’ — from birth — ‘should be performed the ceremony of the child’s egress’ — being taken out of the room and shown the sun. This implies that for three months the child should he kept in the lying-in room itself.

The common name ‘child’ is used, with a view to include the śūdra also.

Similarly ‘in the sixth month,’ the ceremony of First Feeding on grains. For five months the child should he kept purely on milk.

‘Or, whatever might be regarded as auspicious’ — conducive to welfare — ‘in the family’ of the child; such well-known rites, for instance, as making offerings to Pūṭanā, to Śakunika, to certain trees, etc., etc. This may he done at specified times.

This last clause is meant to apply to all ceremonies; so that the naming also may he done according to family custom, even though it be not in strict conformity with the rules laid down above. Hence with different families, such names become possible as — ‘Indrasvāmī,’ ‘Indraśarman’ ‘Indrabhūti,’ ‘Indrarāta,’ Indraviṣṇu,’ ‘Indradeva,’ ‘Indrajyotiṣ,’ ‘Indrayaśaṣ,’ and so forth. — (34)

 

Explanatory notes by Ganganath Jha:

‘Yadveṣṭam maṅgalam kule’ — Medhātithi, along with Govindarāja and Kullūka, takes this as applicable to all the sacraments. — ‘Kula’ is family, not tribe.

The first half of the verse is quoted in Parāśaramādhava (Ācāra, p. 442), and the second half in Madanapārijāta (p. 360) and in Vīramitrodaya (Saṃskāra, p. 267), which latter remarks that this option regarding family-custom applies only to the sacrament of the First Feeding. The verse is quoted in

Smṛticandrikā (Saṃskāra, pp. 55 and 57), which adds that the ‘Gṛha,’ ‘house,’ means the one in which birth has taken place; — in Gadādharapaddhati (Kālasāra, p. 218); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 366).

 

Comparative notes by various authors:

Viṣṇu, 1.1.5. — ‘In the fourth month, showing of the Sun; and in the sixth the feeding on grains.’

Yājñavalkva, 1.12. — ‘During the fourth month the Going Out; during the sixth the feeding on grains.’

Āśvalāyana-Gṛhyasūtrā, 1.16.1. — ‘During the sixth month, feeding on grains.’

Pāraskara-Gṛhyasūtra, 1.17.19-5.1. — ‘The rite of Going Out during the fourth month, and the feeding on grains during the sixth month.’

Bhaviṣya-Burāṇa (Vīramitrodaya-Saṃskāra, p. 250). — ‘On the twelfth day the taking out of the baby from the house.’

Bṛhaspati (Vīramitrodaya-Saṃskāra, p. 250). — ‘The Going Out on the twelfth day, during the third month.’

Laugākṣi (Vīramitrodaya-Saṃskāra, p. 250). — ‘The showing of the Sun during the third fortnight; and the feeding on grains, during the sixth month, on the cutting of teeth’ (p. 267).

Yama (Vīramitrodaya-Saṃskāra, p. 250). — ‘During the third month should be done the showing of the Sun, and the showing of the Moon during the fourth month; the Going Out during the fourth month.’

[The several texts prescribing the third and the fourth month for this Rite are to be reconciled as referring respectively to the showing of the Sun and the showing of the Moon.]

Yama (Vīramitrodaya-Saṃskāra, p. 267). — ‘The feeding on grains should be done during the sixth or eighth month.’

Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 250). — ‘The Going Out of the baby should be performed during the fourth month, and during the sixth month it may be carried to the temples of gods.’

Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 267). — ‘The feeding on grains is to be done during the sixth month, or during the even months succeeding.’

Śaunaka (Vīramitrodaya-Saṃskāra, p. 250). — ‘During the fourth or the sixth month is to be performed the Going Out of the baby by the father or guardian.’

Nārada (Vīramitrodaya-Saṃskāra, p. 267). — ‘The best time for the feeding on grains is during the sixth solar month; if it is not done during that month, it should be done during either the eighth or the ninth or the tenth or the twelfth month.’ [The ninth month is prescribed with special reference to girls.]

Nārada (Vīramitrodaya-Saṃskāra, p. 269). — ‘The first feeding on grains should be for males during the sixth month and for females, during the fifth or seventh month; or during the eighth, ninth or tenth month.’

Śaṅkha-Likhita (Vīramitrodaya-Saṃskāra, p. 268). — ‘The feeding on grains on the lapse of a year.’

Śaṅkha (Aparārka, p. 268). — ‘Feeding on grains after one year; or after half-year, say some.’

Bṛhaspati (Aparārka, p. 26S). — ‘The feeding on grains is to be done after the 150th and before the 180th day.’

[Of the various alternatives laid down, one should adopt that which is in accordance with the practice in his family.]

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 268). — ‘The feeding on grains of male babies should be done during the even months, and that of female babies during the odd months.’

As regards the food to be given, says Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 276). — ‘During the sixth month one should feed the baby with grains mixed with goat-meat, or partridge-meat, or rice mixed with butter, or rice mixed with curd, or rice mixed with honey, or grains mixed with curd and butter.’

Śāṅkhāyaua-Gṛhyasūtra (Vīramitrodaya-Saṃskāra, p. 277). — ‘The first feeding during the sixth month, with goat-meat or partridge-meat or fish or butter-rice or rice mixed with curd, honey and butter.’

Mārkaṇḍeya (Vīramitrodaya-Saṃskāra, p. 275). — ‘The child should be fed on rice cooked in milk.’

Purāṇa (Aparārka, p. 25). — ‘During the fourth month, the child shall be shown the moon; O King, the taking out of the house should be done on the twelfth day; such is the opinion of some people.’

Lokāksi (? Laugākṣi; Parāśaramādhava, p. 442). — ‘Showing of the sun during the third fortnight.’

 

 

VERSE 2.35 [Tonsure (cūḍākarma)]

Section XII - Tonsure (cūḍākarma)

 

चूडाकर्म द्विजातीनां सर्वेषामेव धर्मतः ।
प्रथमेऽब्दे तृतीये वा कर्तव्यं श्रुतिचोदनात् ॥३५॥

cūḍākarma dvijātīnāṃ sarveṣāmeva dharmataḥ |
prathame'bde tṛtīye vā kartavyaṃ śruticodanāt ||35||

 

In view or the injunctions or the Veda, the Tonsure-ceremony of all twice-born children should be performed, according to law, in the first year or the third. — (35)

 

Medhātithi’s commentary (manubhāṣya):

‘Cūḍā’ is the tuft of hair on the crown of the bead’; and the ceremony for the purpose of this is called ‘Cūḍākarman,’ ‘Tonsure’; this name ‘Tonsure’ is given to that ceremony which consists in the cutting of the hair in such a manner as to leave well-arranged tufts of hair on certain parts of the head.

This may be done ‘in the first year or the third’; — this option being due to considerations of the good and evil aspects of planets.

‘In view of the injunctions of the Veda’: — this is merely explanatory: the fact of the entire contents of the work being based upon the Veda having been already stated before. Or, the term may he taken here as not necessarily standing for the injunctive texts, but including the Mantras also; and as a matter of fact, we have the mantra, ‘yatkṣureṇa mārjayet, etc.,’ (Pāraskara-gṛhyasūtra, 2.1.1), which is indicative of the Tonsure-ceremony, in the same manner as the Mantra ‘yāñjanā pratinandanti, etc.,’ (Pāraskara, — 3.2.2) indicates the Aṣṭakā-rites. So that what the phrase means is that the ceremony should be performed with mantras. As to the particular details (regarding the mantras, etc.), these are learnt from the Gṛyhasūtra.

From this it follows that this sacrament is not to he done for the Śūdra; which is also clear from the mention of the ‘twice-born.’ As for the shaving of hair without any restriction as to time, this is done for special purposes, and may he done for the Śūdra also: this is not interdicted. — (35)

 

Explanatory notes by Ganganath Jha:

‘Dharmataḥ’ — ‘according to Law’ (Nārāyaṇa and Nandana); — ‘for the sake of spiritual merit’ (Kullūka).

This verse has been quoted in Parāśaramādhava (Saṃskāra, p. 605) for the purpose of showing that even a boy who has not cut his teeth can be ‘one who has had Ids Tonsure performed.’

It is quoted in Smṛti-tattva (p. 653) — which points out that the time most suited for the ceremony is the third, not the first year and it bases this on the distinct declaration by Śaṅkha that — ‘for the rite of Tonsure, the third year is what has been accepted by all the Gṛhyasūtras.’ It also quotes it on p. 922, with a view to show that the time for the ceremony is not fixed, there being an option as to its being done in the first, third, or even the fifth year.

It is quoted in Vīramitrodaya (Saṃskāra, p. 296), where it is explained that the presence of the particle ‘vā,’ ‘or’, implies that the rite may be performed in the second year also; this latter is also sanctioned by a text from Yama.

Madanapārijāta (p. 34) also quotes it without adding any Explanatory notes. — It is quoted in Smṛticandrikā (Saṃskāra, p. 58); — in Hemādri (Pariśeṣa, p. 742); — in Saṃskāramayūkha (pp. 29 and 128), which quotes Medhātithi to the effect that the term ‘dvijātīnām’ indicates that this rite is not to be performed for the Shudra.; — in Nṛsiṃhaprasāda (Saṃskāra, p. 36c); and in Gadādharapaddhati (Kālasāra, p. 219).

Medhātithi has described this ceremony as that ‘which consists in the cutting of the hair in such a manner as to leave well-arranged tufts of hair on certain parts of the head.’

Further details have heen supplied in Madanapārijāta (p. 361), which quotes Lokākṣi (called Laugākṣi in Smṛtitattva, p. 653) describing the ‘Cūḍā’as ‘a line of hair, towards the right among the Vaśiṣṭhas, on both sides among the Airis and Kāśyapas, and in five places among the Āṅgirasas; some people keep a single line; others only the top-tuft, shaped like the leaf of the banyan tree — and adds that the exact form is to be determined by the Gṛhyasūtra, of the man concerned.

 

Comparative notes by various authors:

Viṣṇu, 27.12. — ‘Tonsure is performed in the third year.’

Yājñavalkya, 1.12. — ‘Tonsure is to be performed according to family-custom.’

Āśvalāyana-Gṛhyasūtrā, 1.17.1. — ‘Tonsure in the third year; or in accordance with the custom of the family.’

Pāraskara- Gṛhyasūtrā, 2.1.2. — ‘The performance of Ton-sure for the one-year-old child: or during the third year.’

Gobhila-Gṛhyasūtrā, 1.9.1. — ‘The performance of Tonsure in the third year.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 296). — ‘The performance of Tonsure has been prescribed for all castes; by Tonsure is the life-span enhanced, by Tonsure is it reduced. It should be performed during the third or the fifth year, or according to the practice obtaining in the family. It may be performed also during the seventh year from either birth or the taking of the Fires.’

Yama (Vīramitrodaya-Saṃskāra, p. 996). — ‘Before the completion of the year, Tonsure should be performed; or during the second or the third year.’

Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 297). — ‘Tonsure is recommended during the third or the fifth year; or even earlier, but during the odd year, or during the sixth year; or along with the Upanayana.’

Bṛhaspati (Vīramitrodaya-Saṃskāra, p. 296). — ‘Counting either from conception or from Birth, — during the fifth or the seventh year should be performed for the male as well as the female child.’

Nārada (Vīramitrodaya-Saṃskāra, p. 996). — ‘The learned recommend the third vear from Birth as the best; the fifth and the seventh years from Birth are to be regarded as mediocre and the worst time would he the tenth or the eleventh year from Birth. — The Tonsure of children should he performed either, before the end of the first year, or in the third or fifth year, or according to the family-custom.’

Atri (Do., p. 298). — ‘Tonsure during the third year is conducive to the fulfilment of all desires; that during the first year is conducive to longevity and Brāhmic glory; that during the fifth year leads to the acquisition of cattle; during the even years, it is to be deprecated.’

Nṛsiṃha (Do.). — ‘Tonsure is to be performed during either the first or the third or the fifth year; after the lapse of the third part of the year.’

Laugākṣi (Do., p. 299). — ‘Tonsure should be performed during the third year, after the lapse of its third part.’

[The upshot of the whole is that Tonsure may he performed during any of the following years — 1st, 3rd, 5th, 7th, 10th, 11th, — or on the Upanayana-day; — or according to the custom prevailing in the family.]

[The form in which the Tonsure is to be performed, the shape that is to be given to the hair on the head, the keeping of the Śikhā, — all this is described in detail in the Vīramitrodaya-Saṃskāra, p. 315.]

Baijavāpa (Parāśaramādhava, p. 413). — ‘Tonsure during the third year.’

Śaṅkha (Do.). — ‘Tonsure during the third or the fifth vear.’

Śaunaka (Do.). — ‘Tonsure during the third year, or according to the family-custom.’

Lokākṣi (Do.). — ‘For those belonging to the Vaśiṣṭha Gotra, the tuft is towards the right, for those of Atri or Kāś-yapa, on both sides; for those of Bhṛgu, it should be all shaven; for those of Aṅgiras, there are five tufts; others have the tuft in the form of a semi-circle.’

Śaṅkha-Likhita (Aparārka, p. 29). — ‘Tonsure during the third or the fifth year.’

Vyāsa (Do.). — [Lays down the auspicious days, etc.]

 

 

VERSE 2.36 [Initiation (upanayana)]

Section XIII - Initiation (upanayana)

 

गर्भाष्टमेऽब्दे कुर्वीत ब्राह्मणस्यौपनायनम् ।
गर्भादेकादशे राज्ञो गर्भात् तु द्वादशे विशः ॥३६॥

garbhāṣṭame'bde kurvīta brāhmaṇasyaupanāyanam |
garbhādekādaśe rājño garbhāt tu dvādaśe viśaḥ ||36||

 

In the eighth year from conception one should perform the initiation of the Brāhmaṇa; of the king in the eleventh year from conception; and of the Vaiśya in the twelfth. — (36)

 

Medhātithi’s commentary (manubhāṣya):

Counting from the year that one spends in the mother’s womb, when the child reaches the eighth year; — the term ‘garbha’ stands for the year spent in the womb; this indication being due to the presence of the term ‘year,’ ‘abda’; certainly the ‘year’ could never be the ‘eighth’ from ‘garbha,’ if this latter were taken in its direct sense; — in this year one should perform the Initiation of the Brāhmaṇa.

The term ‘aupanāyanam’ stands for ‘upamyanam,’ the ‘aṇ’ affix having the reflexive sense; and the lengthening of the vowel in the latter term (‘nayanam’) being in accordance with (Pāṇini 6.3.198); or the lengthening of the vowels of both terms (‘upa’ and ‘nayanam’) may be regarded as a Vedic anomaly.

‘Upanayana,’ ‘Initiation,’ is the name of a sacrament described in the Gṛhyasūtras and well-known to Vedic scholars, its other name is ‘Mauñjī-bandha,’ ‘Girdle-Investiture.’ That ceremony in which the child is taken over to — made over to — (upanīyate) — the teacher, for the purposes of teaching — and not for any such other purpose as the building of a Avail, or the making of a mat — is what is called ‘Upanayana.’ It is the name of a particular sacramental rite.

‘Of the King in the eleventh year from conception’; — for the Kṣatṭriya the ceremony should be performed in the eleventh year ‘from conception,’ — i.e., ‘beginning from conception,’ or ‘after conception.’

The term ‘king’ ‘rājan’ (in ‘rājñaḥ’) should he taken as standing for the Kṣatriya caste; and does not necessarily mean one who is a duly anointed king; firstly because such is the sense in which the word is generally used in books; secondly because in the present context it occurs along with the terms ‘Brāhmaṇa’ and the rest (which are all denotative of castes); and thirdly because we find the term ‘Kṣatriya’ used in the rules that follow regarding the details of the ceremony; e.g., it is raid that ‘the girdle of the Kṣatriya should consist of the bow-string’ (below, Verse 12). It is true that the term ‘king’ is sometimes used in the sense of the ‘rulers’ of ‘countries,’ and as such applied to Vaiśyas and other castes also; but such usage is purely figurative and indirect. And the figurative meaning of a word can be accepted only when the original direct meaning is found inapplicable. That the term ‘king’ in the text stands for the Kṣatriya is shown by the following words of the author of the Gṛhya-sutra — ‘One should initiate the Brāhmaṇa in the eighth year, the Kṣatriya in the eleventh and the Vaiśya in the twefth.’ It is on this understanding that the revered Pāṇini derives the word ‘rājya’ (‘Kingship’) from the word ‘rājan’ (King), explaining it as ‘the function the King,’ and hence used in the ordinary sense of ‘lord of country’ [ i.e., the ‘function of ruling a country’ really belongs to the Kṣatriya caste, and when persons of other castes arc called ‘King’ their title is based upon their doing ‘the work of the King’].

Of the Vaiśya, the ceremony should be performed in the twelfth year from conception. — (86)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Pariśeṣa, p. 745); — in Gadādharapaddhati (Kālasāra, p. 220), which explains that “Upanayana is to be derived as ‘Nayanam evanāyanam’ and then the prefix ‘Upa’ added; — in Saṃskāramayūkha (p. 32); — and in Smṛticandrikā (Saṃskāra, p. 68), which adds that in the case of the Kṣatriya and the Vaiśya also the years are to be counted from the one spent in the womb.

It has been quoted in Madanapārijāta (p. 17); and in Parāśaramādhava (Ācāra, p. 446).

Vīramitrodaya (Saṃskāra, p. 344) explains the reason for the eighth, eleventh and twelfth years being regarded as the best for the Brāhmaṇa, the Kṣatriya and the Vaiśya respectively. The Gāyatrī mantra is sacred for the Brāhmaṇa and its foot contains eight syllables; the Triṣtup for the Kṣatriya contains a foot of eleven syllables, and the Jagati for the Vaiśya has a foot of twelve syllables.

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1-7, 8, 13. — ‘For the Brāhmaṇa, the Upanayana daring the eighth year; — for the Kṣatriya and the Vaiśya, during the eleventh and twelfth years, respectively.’

Gautama (Aparārka, p. 32). — ‘Initiation during the eighth, fifth or ninth year; the eighth year from conception is the time fixed for all, the ninth or the fifth only for those with distinct motives.’

Baudhāyana-Dharmasūtra, 2.8-10. — ‘The years in this connection being computed from conception, — the Upanayana of the Brāhmaṇa should be performed during the eighth year; — three years after the eighth, of the Kṣatriya; — and after one more year, of the Vaiśya.’

Vaśiṣṭha-Smṛti, 11.44. — ‘The Upanayana of the Brāhmaṇa should be done during the eighth year from conception, of the Kṣatriya during the eleventh year from conception, and of the Vaiśya during the twelfth year from conception.’ Viṣṇu, 27.15-17. — ‘The Upanayana of the Brāhmaṇa during the eighth year from conception; of the Kṣatriya during the eleventh year from conception; of the Vaiśnava during the twelfth year from conception.’

Yājñavalkya, 1.14. — ‘The Brāhmaṇa’s Upanayana?s?? be performed either during the eighth year from conception, or during the eighth year (from birth); the Kṣatriya’s during the eleventh year; the Vaiśya’s during the twelfth year; according to some, it is to be done in accordance with the practice prevailing in the family.’

Āśvalāyana - Gṛhyasūtrā, 1.19.1-4. — ‘The Brāhmaṇa’s, Upanayana should be done during the eighth year, or during the eighth year from conception; the Kṣatriya’s during the eleventh year; the Vaiśya’s during the twelfth year.’

Pāraskara-Gṛhyasūtrā, 1-2.1-3. — ‘The Brāhmaṇa’s Upanayana should be performed during the eighth vear, or during the eighth year from conception; the Kṣatriya’s during the eleventh year; the Vaiśya’s during the twelfth year.’

Gobhila-Gṛhyasūtrā, 1.10.1-3. — ‘The Upanayana of the Brāhmaṇa should be done during the eighth year from conception; of the Kṣatriya, during the eleventh year; of the Vaiśya, during the twelfth year.’

Āpastamba-Dharmasūtra, 1.19. — ‘The Upanayana of the Brāhmaṇa should be done during the spring, of the Kṣatriya during the summer, and of the Vaiśya, during the autumn. Of the Brāhmaṇa during the eighth year from conception, of the Kṣatriya, during the twelfth year from conception.’

Śruti (Vīramitrodaya, Saṃskāra, p. 339). — ‘The Upanayana of the Brāhmaṇa should he performed when he is eight years old.’

Āśvalāyana-Smṛti (Do., p. 340). — ‘The Brāhmaṇa should acquire the ‘twice-born’ state during the eighth year from conception, or during the eighth, or the tenth year; the Kṣatriya during the eleventh year: and the Vaiśya during the twelfth year.

Nārada (Do., p. 31-1). — ‘For the Brāhmaṇa, the Upanayana should be performed during the eighth year, either from conception or from birth; for Kṣatriyas, during the eleventh year, and for Vaiśyas during the twelfth year.’

Paiṭhīnasi (Do., p. 310). — ‘The Upanayana of the Brāhmaṇa should he performed during the fifth year from conception or during the eighth year from conception; of the Kṣatriya during the eleventh year from conception; of the Vaiśya, during the twelfth year.’

Laugākṣi (Do., p. 311'. — ‘The Brāhmaṇa’s Upanayana during the seventh year; of the Kṣatriya during the ninth year, and of the Vaiśya, during the eleventh year.’

Budha (Aparārka, p. 31). — ‘The Brāhmaṇa should get himself initiated in his eighth year from conception, during the spring.'

Shannaka (Do.). — ‘One should initiate the Brāhmaṇa in his eighth year, or in his eighth year from conception; the Kṣattnya in the eleventh and the Vaiśya in the twelfth year.’

 

 

VERSE 2.37

Section XIII - Initiation (upanayana)

 

ब्रह्मवर्चसकामस्य कार्यो विप्रस्य पञ्चमे ।
राज्ञो बलार्थिनः षष्ठे वैश्यस्यैहार्थिनोऽष्टमे ॥३७॥

brahmavarcasakāmasya kāryo viprasya pañcame |
rājño balārthinaḥ ṣaṣṭhe vaiśyasyaihārthino'ṣṭame ||37||

 

For the Brāhmaṇa desirous of Brahmic glory, it should be done in the fifth year; for the ‘King’ desirous of power, in the sixth; and for the Vaiśya desirous of business, in the eighth. — (37)

 

Medhātithi’s commentary (manubhāṣya):

What belongs to the father is here attributed to the child; the desire — ‘May my sou attain Brahmic glory!’ — resides in the father; and this desire being attributed to the child, the latter is spoken of as ‘desirous of Brahmic glory.’ The child itself is too youug to have the said desire.

“In that case the action done by one person would have its result accruing to a totally different person; and this would involve the absurdity of a man acquiring what he has not earned. And the assertion that the result accrues to the child without his desiring it is one that is contrary to all reason and scriptural authority.”

There is no force in the objection. The case in question is analogous to that of the Śyena sacrifice: the Śyena is performed by a man seekiug to encompass death, and this death falls upon the person against whom the performance is aimed (and not on the performer himself). It might be argued that — “in this case the result actually accrues to the person seekiug for it; it is the sacrificer who desires the death of his enemy; and it is he who obtains this result; so that the result of the act does not accrue to a person that did not perform it.” — But in the present case also, the result, in the shape of ‘having a child with the particular qualification,’ accrues to the performer of the Initiation (the father); just as the good health of the child brings pleasure to the father, so also the Brahmic glory of the son would be a source of pleasure to the father; so that the result here also would accrue to the performer, who had sought for it. Further, it is only from the construction of the actual words used that we can ascertain the meaning of the scriptural texts; and in the present context, the only construction found possible is that the father should perform the ceremony with the desire of a certain result to accrue to his son; and there are no grounds for abandoning this natural construction of the words.

This same explanation applies also to the case of the benefits of the after-death rites accruing to the father (even though performed by the son); as in that case also the performer is the son, and the result is the satisfaction of the father. Further, we have the text — ‘Thou art my very self called the. non’ — which shows that when the after-death rites are performed by the son, it is the father himself (iṇ the shape of the son) that makes the offerings to himself; specially as it was with a view to this alone that the father begot the son.

Then again, in the Sarvasvāra sacrifice (which is performed by one who wishes to bring about his own death and translation to heaven), — even after the sacrificer himself has died, the subsequent details have got to he performed: and in this performance also the same sacrificer is regarded as the ‘performer,’ in view of the direction that he has given fo the Brāhmaṇas — ‘O brāhmaṇas, please complete this sacrifice,’ — as also of the sacrificial gifts and appointments made by him; by virtue of which the said sacrificer is regarded as the actual instigator or employer of the officiating priests. In the same manner, in the case in question also, in as much as the son was begotten for the purpose of performing the funeral rites, these rites, though performed (by the son) for the sake of the father, are regarded as performed by the father himself.

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 90, 1. 15) — ‘Sarvasvāre’ — See Mīmāṃsā Sūtra 10.2.56-57. At the Sarvasvāra sacrifice the sacrificer recites the Ārbhaya hymn just before he enters the fire for self-immolation,

This verse is quoted in Aparārka (p. 27) as laying down the time for the performance of the Upanayaṇa with special ends in view.

It is quoted in Parāśaramādhava (Ācāra, p. 446), which quotes Āpastamba as connecting The seventh year with ‘Brāhmic glory,’ the eighth with ‘longevity,’ the ninth with ‘splendour,’ the tenth with ‘food’, the eleventh with ‘efficiency of organs,’ and the twelfth with ‘cattle’.

Madanapārijāta (p. 17) quotes it mentioning the said assertions.

It is quoted in Hemādri (Pariśeṣa, p. 748); — in Saṃskāramayūkha (p. 12), as mentioning special results to be achieved; — in Nṛsiṃhaprasāda (Saṃskāra, p. 41 b); and in Smṛticandrikā (Saṃskāra, p. 68).

Vīramitrodaya (Saṃskāra, p. 345) quotes it as describing the Kāmya options.

Nirṇayasindhu (p. 184) quotes it without comment.

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1.7-8. — ‘When special results are desired, during the ninth or the fifth year.’

Āpastamba-Dharmasūtra, 1.21-26. — ‘During the seventh year, if Brāhmic glory is desired for the boy; during the eighth year, if longevity is desired; during the ninth year, if brilliance is desired; during the tenth year, if possession of much food is desired; during the eleventh year, if efficiency of sense-organs is desired; during the twelfth year, if possession of cattle is desired.’

Uśanas (Vīramitrodaya-Saṃskāra, p. 315). — ‘The Upanayana of the Brāhmaṇa should be done during the fifth year from birth, of the Kṣatriya during the sixth, and of the Vaiśya during the seventh year, — if strength is desired.’

Vaśiṣṭha (Vīra-Saṃskara, p. 345). — ‘For the Brāhmaṇa if Brāhmic glory is desired, his Upanayana should be performed during the eighth year (either from conception or from birth); if food is desired, during the ninth year; if intelligence is desired, during the tenth year: if possession of jewels is desired, during the eleventh year; if bodily stoutness is desired, during the twelfth year.’

Aṅgiras (Do., p. 346). — ‘For the Kṣatriya desiring prosperity or strength, it should be performed during the sixth or the twelfth year, respectively; for the Vaiśya desiring success in agriculture or longevity, it should be performed during the eighth or fourth year, respectively.’

Baudhāyana (Do., p. 346). — ‘During the seventh year, if Brāhmic glory is desired; during the eighth, if longevity is desired; during the ninth, if brilliance is desired; during the tenth, if food is desired; during the eleventh, if efficient sense-organs are desired; during the twelfth, if cattle is desired; during the thirteenth, if intelligence is desired; during the fourteenth, if stoutness is desired; during the fifteenth, if the birth of a brother’s son is desired; and during the sixteenth, if all desirable things are desired.’

 

 

VERSE 2.38

Section XIII - Initiation (upanayana)

 

आ षोदशाद् ब्राह्मणस्य सावित्री नातिवर्तते ।
आ द्वाविंशात् क्षत्रबन्धोरा चतुर्विंशतेर्विशः ॥३८॥

ā ṣodaśād brāhmaṇasya sāvitrī nātivartate |
ā dvāviṃśāt kṣatrabandhorā caturviṃśaterviśaḥ ||38||

 

For the Brāhmaṇa the Sāvitrī does not lapse till the sixteenth year; for the Kṣatriya till the twenty-second year; and for the Vaiśya till the twenty-fourth year. — (38)

 

Medhātithi’s commentary (manubhāṣya):

For the Initiatory Rite, the principal as well as the optional time have been prescribed. From this it would seem that if, on account of the death of the father, or by reason of illness and such other causes, the boy remains uninitiated and the prescribed time has gone by, — he becomes unfit, for initiation; this idea being countenanced by the faot that, even though the prescribed time is a secondary factor in the rite, yet on the lapse of that time, the performer’s title to the performance ceases; just as we find in the case of omission of the Agnihotra -offerings after the prescribed morning and evening have gone by. It is with a view to this that the present verse propounds an exception to the general rule, and lays down the necessity of performing the rite even after the passing off of the prescribed time.

Till the end of the sixteenth year after conception, the Brāhmaṇa’s title to the Initiatory Bite does not cease. The term ‘Sāvitrī’ in the text stands for the ‘Rite of Initiation,’ which is the means whereby the teaching of the is accomplished. ‘Does not lapse,’ i.e., does not become out of date.

Similarly ‘for the Kṣatriya till the twenty-second year,’ — i.e., for the person belonging to the Kṣatriya caste. Tho term ‘bandhu’ is used (a) sometimes in a deprecatory sense; e.g., in such passages as — ‘how doth thou know this. O Brahma-bandhu! (wretched Brāhmaṇa)?’; — (b) sometimes it is used in the sense of ‘family’; e.g., in the passage — ‘the possession of a number of villages, the presence of a large following, extensive family-connections ( ), and alliances, — these are not to be trifled with even by Indra himself; what to say of persons possessing only parts of the earth!’; — (c) in some cases it also means ‘substance’; e.g., in Pāṇiṇi’s Sutra (5.4.9) — ‘a word ending with the term jāṭi takes the affix ca, when it denotes bandhu (i.e., a substance belonging to a particular class).’ In the present context the first two meanings of the term ‘bandhu’ being inapplicable, we take it in the third sense.

The nominal affix (ḍaṭ) in the term ‘dvāviṃśaḥ’ means that which completes the number twenty-two, i.e., the twenty-second.

‘For the Vaiśya till the twenty-fourth year’. — Here also though the presence of the ‘ḍaṭ’-affix implying completion was necessary, yet it has not been used in view of metrical contingencies; but the sense is there all the same. That this must be so is proved by the fact that the number ‘twenty-four,’ which denotes the entire lot of twenty-four years, could never form the limit of anything; while tine ‘twenty-fourth year' which is one part of the ‘twenty-four,’ can very well form the limit.

People explain the particle ‘ā’ as denoting inclusion.

In support of what is said in this verse people cite the Vedic text — ‘The Brāhmaṇa should be initiated with the Gāyatrī, the Kṣatriya with the and the Vaiśya with the Jagatī’ [the Gāyatrī metre containing 24, three times eight, the Tṛṣtup 33, three times eleven, and the Jagatī, 48, four times twelve, syllables]; the ages spoken of in the text (16, 22 and 24) suffice to complete two quarters of each of the three metres; up till then the metres retain their force and do ṇot abandon the castes that form their receptacles; when however the third quarter has passed, they lose their essence, become aged and having their force reduced, they disappaer, just as the man becomes old at 50 (which represents two quarters of his life of 100 years). It is for this reason that the said metres abandon their respective castes, when they find that they have not been studied by them; and it is thus that (after the said ages) the Brāhmaṇa ceases to be ‘related to the Gāyatrī,’ the Kṣatriya ceases to be ‘related to the Triṣṭup’ and the Vaiśya ceases to be ‘related to the Jagatī.’

‘Sāvitrī’ — is the name of that verse which has for its deity; and that such a verse is the Gāyatrī has been shown above, on the strength of the Gṛhyasūtras.

For the Kṣatriya, the ‘Sāvitrī’ is the verse ‘Ākṛṣṇena, etc.’ (Ṛgveda, 1.35-2; Vājasaneya, 33.43), which is in the Triṣṭup metre; and for the Vaiśya, it is the verse ‘Viśvā rūpāṇi, etc.’ Ṛgveda, 5.81.2; Vājasaneya, 12.3). — (38)

 

Explanatory notes by Ganganath Jha:

Burnell, in applying the name ‘vrātya’ to ‘Aryans not Brāhmanised,’ should have quoted his authorities.

Kullūka notes that some people have taken the particle ‘ā,’ ‘till,’ in the sense of ‘until the beginning of’.

This verse has been quoted in Vīramitrodaya (Saṃskāra, p. 342), where it is pointed out that the ‘sixteenth’ and other years mentioned here should be counted ‘from conception,’ as in the case of the eighth and others in verse 36. It points out that this verse lays down the many secondary occasions for the performance of the ceremony.

This same work on p. 344, refers to the passage in Medhātithi, where a Vedic text is quoted, which connects. the Gāyatrī Triṣṭup and Jagati metres with the Brāhmaṇa, the Kṣatriya and the Vaiśya respectively; and as under 36, so here also, it explains that the limits fixed in this verse too are determined by the number of syllables in a foot of each of the three metres mentioned. A foot of the gāyatrī has eight syllables; so till the bṇy is sixteen years old, the Gāyatrī retains more than a third of its force; and it is only when the boy has passed his sixteenth year (corresponding to the sixteen syllables of the two feet of the Gāyatrī) that the force of the mantra becomes weakened. Similarly twenty two years correspond to the twenty-two syllables of the two feet of the Triṣṭup, sacred for the Kṣatriya, and twenty four years correspond to the twenty four syllables of the first two feet of the Jagati metre, sacred for the Vaiśya.

It is quoted in Parāśaramādhava (Ācāra, p. 446); and in Madanapārijāta (p. 36) as the outside age-limit for Upanayana; — in Hemādri (Pariśeṣa, p. 751), which adds that ‘ā’ here denotes limit; — in Nṛsiṃhaprasāda (Saṃskāra. p. 41b); — and in Smṛticandrikā (Saṃskāra, p. 72), as Laying down the secondary times for the initiation.

Vidhānapārijāta, (p. 471) has quoted the verse as laying down the secondary occasion for Upanayana; — so also Nirṇayasindhu (p. 184).

 

Comparative notes by various authors:

(Verse 38-39)

Viṣṇu, 1.27.26. — (Exactly the same words as in Manu.)

Gautama-Dharmasūtra, 1.14.16. — ‘For the Brāhmaṇa, the Sāvitrī does not lapse till the sixteenth year; for the Kṣatriya, till the twenty-second year; for the Vaiśya till two years longer.’

Baudhāyana-Dharmasūtra, 1.2.13. — ‘There is no lapse for these till the sixteenth, the twentv-second and the twenty-fourth year, respectively.’

Āpastamba-Dharmasūtra, 1.1.27. — ‘Till the sixteenth year there is no lapse for the Brāhmaṇa; till the twenty-second, for the Kṣatriya; and till the twenty-fourth, for the Vaiśya; till then they would be fit for keeping the observances that we are going to describe.’

Vaśiṣṭha-Smṛti, 11.51.53. — ‘For the Brāhmaṇa, the time does not lapse till the sixteenth year; for the Kṣatriya, till the twenty-second year; for the Vaiśya, till the twenty-fourth year.’

Āśvalāyana-Gṛhyasūtra, 1.19.5-6. — ‘For the Brāhmaṇa, the time does not lapse till the sixteenth year; for the Kṣatriya, till the twenty-second year; for the Vaiśya, till the twenty-fourth year; after this, they become lapsed from the Sāvitrī.’

Pāraskara Gṛhyasūtra, 2.5.36-38. — ‘For the Brāhmaṇa, the time does not become lapsed till the sixteenth year; for the Kṣatriya, till the twenty-second and for the Vaiśya till the twenty-fourth year.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, p. 3-12). — ‘The twelfth, the sixteenth and the twentieth years are the times not deprecated.’

Yājñavalkya (Vīramitrodaya-Saṃskāra, p. 342). — ‘The time for Upanayana extends up to the sixteenth, the twenty-second and the twenty-fourth year, for the Brāhmaṇa, the Kṣatriya and the Vaiśya, respectively.

Yājñavalkya 1.38 (Vīramitrodaya-Saṃskāra, p. 347). — ‘After these years all the three become fallen, excluded from all religious rites; and become apostates, deprived of the Sāvitrī, until they perform the Vrātyastoma.’

Vyāsa (Vīramitrodaya-Saṃskāra, p. 343). — ‘Sixteen years, twenty-two years and twenty-four years constitute the time for Upanayana.’

Śaṅkha (Vīramitrodaya-Saṃskāra, p. 343). — ‘Sixteen years have been prescribed for the Brāhmaṇa, twenty-two years for the Kṣatriya and twenty-four years for the Vaiśya.’

Yama (Vīramitrodaya-Saihskāra, p. 343). — ‘He who has dropped the Sāvitrī for fifteen years, should keep the observance after having shaven his head along with the Śikhā.’

Yama (Vīramitrodaya-Saṃskāra, p. 347). — ‘The apostates, fallen from Sāvitrī, should be studiously shunned.’

Āśvalāyana-Smṛti (Vīramitrodaya-Saṃskāra, p. 343). — ‘Sixteenth is the limit for Brāhmaṇas for securing the status of the twice-born; twenty-second for Kṣatriyas; and twenty-fourth for Vaiśyas.’

Āśvalāyana-Smṛti (Vīramitrodaya-Saṃskāra, p. 347). — ‘After this, not having acquired the status of the twice-born, they fall and become apostates, excluded from Vedic rites.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 345). — The Brāhmaṇa who has passed his sixteenth year, should not have his Upanayana performed; the Kṣatriya after the twentieth year: and the Vaiśya after the twenty-fifth year.’

Śaṅkha (Vīramitrodaya-Saṃskāra, p. 347). — (Has the same defìni-tion of the ‘Apostate’ as Yājñavalkya.)

Yama (Vīramitrodaya-Saṃskāra, p. 347). — (Same as Manu, 39.)

 

 

VERSE 2.39

Section XIII - Initiation (upanayana)

 

अत ऊर्ध्वं त्रयोऽप्येते यथाकालमसंस्कृताः ।
सावित्रीपतिता व्रात्या भवन्त्यार्यविगर्हिताः ॥३९॥

ata ūrdhvaṃ trayo'pyete yathākālamasaṃskṛtāḥ |
sāvitrīpatitā vrātyā bhavantyāryavigarhitāḥ ||39||

 

Beyond this, all these three, not having received the sacrament at the proper time, become excluded from Sāvitrī (initiation), and thereby come to be known as ‘Vrātyas’ (apostates), despised by all good men. — (39)

 

Medhātithi’s commentary (manubhāṣya):

‘Beyond’ — after — the said time, ‘all these three’ castes — the Brāhmaṇa and the rest; — ‘at the proper time’ — at the exact time prescribed for each caste, or even at the secondary period permitted; — ‘not having received the sacrament’ — not having their Upanayana- ceremony performed; — ‘excluded from Sāvitrī’ — become fallen off from Initiation; and also ‘come to he known as Vrātyas’ — ‘despised,’ looked down upon, ‘by all good men’ by respectable and cultured people.

This verse is intended to explain the signification of the well known name ‘Vrātya’ That they become excluded from Initiation has already been implied in the preceding verse.

It has been said that they ‘are despised by good men’; the next verse explains the nature of contempt in which they are held. — (39)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava, (Ācāra, p. 446), and in Madanapārijāta (p. 36), where it is explained that on the expiry of the limit mentioned in verse 38, the boy becomes a ‘Vrātya,’ ‘apostate’, and can be invested only after having become sanctified by the performance of the Vrātyastoma rite.

Madanapārijāta (p. 36) goes on to add that the dumb and the insane, as never fit for the sacraments, are not to be regarded as ‘apostates’ by reason of the omission of the sacraments; so that in the event of their having children these latter do not lose their Brāhmaṇa-hood or their right to the sacraments.

Vīramitrodaya (Saṃskāra, p. 347) quotes this verse as from Manu and Yama both.

 

Comparative notes by various authors:

(Verse 38-39)

See Comparative notes for Verse 2.38.

 

 

VERSE 2.40

Section XIII - Initiation (upanayana)

 

नैतैरपूतैर्विधिवदापद्यपि हि कर्हि चित् ।
ब्राह्मान् यौनांश्च सम्बन्धान्नाचरेद् ब्राह्मणः सह ॥४०॥

naitairapūtairvidhivadāpadyapi hi karhi cit |
brāhmān yaunāṃśca sambandhānnācared brāhmaṇaḥ saha ||40||

 

The Brāhmaṇa should not in ant case, even in times of distress, establish spiritual or uterine relationship with these persons, until they have been duly purified. — (40)

 

Medhātithi’s commentary (manubhāṣya):

‘With these’ — Vrātyas; — ‘until purified’ — by expiatory rites; — ‘duly,’ i.e., according to rules laid down in the scriptures laying down expiatory rites; e.g., ‘making them undergo three Kṛcchras, etc., etc.;’ — ‘even in times of distress’ — i.e., under no circumstances however distressful; — ‘should not establish,’ enter into, ‘relationship’ with them.

The question arising as to whether or not this prohibits all kinds of relationship, the text supplies the answer in the negative — ‘spiritual or uterine .’

The term ‘brāhma,’ ‘spirit,’ here stands for the Veda; and it is relationships through the Veda that are prohibited; such relationships as officiating at sacrifices, teaching and accepting gifts; the meaning being that one should neither officiate at their sacrificial performances, nor appoint them to officiate at sacrifices, they should not be taught, nor should one read with them. Since it is only one who knows the meaning of the Veda that is entitled to accept gifts, the accepting of gifts also becomes a ‘Vedic’ or ‘spiritual’ relationship.

‘Uterine relationship,’ — the giving and taking of daughters in marriage.

The specification of the ‘Brāhmaṇa’ is intended to be illustrative only.

The sense of all this is that, in view of the disqualification here described, the boy whose father is no more should, if he is intelligent, try to avoid the disqualification, by presenting himself (at the proper time) for Initiation. To this end we have the Śruti — “Satyakāma Jābāla went to Gautama Hāridrumata and said — ‘I shall, sir, live with you as a religious student”; where the boy himself requested the teacher to inflate him. The initiating of boys is however entirely optional; so that if the teacher should be found unwilling to take up the initiation, be should be appealed to by the boy by means of presents, etc. — (40)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 144); — and in Smṛticandrikā (Saṃskāra, p. 73), which explains ‘brahma-sambandha’ as ‘teaching and so forth,’ and ‘apūtaiḥ’ as those who have not performed the prescribed expiatory rites.

It is quoted in Parāśaramādhava (Ācāra, p. 446); — and also in Vīramitrodaya (Saṃskāra, p. 349), which explains the term ‘apūtaiḥ’ as ‘those who have not performed the prescribed expiatory rites;’ and the ‘relationships’ referred are explained as standing for Initiation, Reading, Teaching, Sacrificing and Receiving gifts.

This verse is quoted in Aparārka (p. 68) in support of the view that dealings are permitted with such men as may have performed the expiatory rites laid down for the omission of the sacraments; — it adds that this is made clear by the epithet ‘Apūtaiḥ’.

 

Comparative notes by various authors:

Āpastamba-Gṛhyasūtra, 1.1.33; 1.2.6. — ‘With these (apostates) one should avoid association, dining and marriage; in the event of their being desirous of expiating (the omission and the consequent apostacy), they should keep, for twelve years, the observances relating to Vedic studies, and then undergo the Upanayana, and be sprinkled with water with Pāvamānī and other mantras.’

Vaśiṣṭha-Smṛti, 11.55. — ‘They should not perform their Upanayana, nor teach them, nor sacrifice for them, nor marry them.’

Āśvalāyana-Gṛhyasütra, 1.19.7. — ‘They should not perform their Upanayana, nor teach them, nor sacrifice for them, nor have any dealings with them.’ [The Vīramitrodaya-Saṃskāra, p. 349, explains ‘dealings’ to mean ‘marriage-connection.’]

Pāraskara - Gṛhyasūtra, 2.5.40. — [Exactly the same as above.]

Gobhila-Gṛhyasūtra, 2.10.6. — ‘They should not perform their Upanayana, nor teach them, nor sacrifice for them, nor have marriage-relations with them.’

Baudhāyana-Smṛti (Vīramitrodaya-Saṃskāra, p. 348). — ‘There are no rites for the apostate until he passes through the Upanayana; so long as he is not born in the Veda, he remains like a Śūdra.’

Āśvalāyana-Smrti (Vīramitrodaya-Saṃskāra, p. 349). — ‘No dealings — either Vedic (tutorial), or marital or commercial, — should he ever held with them by any cultured person who is true to his dharma.’

 

 

VERSE 2.41

Section XIII - Initiation (upanayana)

 

कार्ष्णरौरवबास्तानि चर्माणि ब्रह्मचारिणः ।
वसीरन्नानुपूर्व्येण शाणक्षौमाविकानि च ॥४१॥

kārṣṇarauravabāstāni carmāṇi brahmacāriṇaḥ |
vasīrannānupūrvyeṇa śāṇakṣaumāvikāni ca ||41||

 

Brahmacāris should wear the skin of the black (deer), of the Ruru deer and of the goat respectively; and also the cloth of hemp, flax and wool.’ — (41)

 

Medhātithi’s commentary (manubhāṣya):

Though the term ‘Kṛṣna,’ ‘black,’ is applied to everything that may be endowed with the quality of blackness, — as we find in the expressions ‘the black cow,’ ‘the black blanket,’ and so forth, — yet, in the present context, it is clearly recognised as standing for the ‘black deer’; firstly because of its occurring along with the ‘skin of the Ruru deer,’ and secondly because of the directions contained in other Smṛtis (which clearly mention the black deer).

‘Ruru’ — is a particular species of the deer.

‘Basta’ — is the goat.

In all the three words (‘kārṣṇa’ — ‘raurava’ — ‘vāsta’) the nominal affix (aṇ) denotes either formation or constitution (i.e., either ‘formed out of’ or ‘consisting of’).

‘Should wear’; — the Brāhmaṇa should cover his body with the skin of the black antelope, the Kṣatriya with the skin of the Ruru deer and the Vaiśya with the skin of the goat.

And also cloth made of śaṇa (hemp), kṣumā (flax), and ūrṇā (wool).

The particle ‘ca’ (‘and also’) has the cumulative force.

The cloth made of hemp and the rest are not to be used as upper garments; and the skins are to be used as upper garments; as such is the proper course. For Kaupīna (loin-slip) and wrapping, the cloth is to be used.

‘Respecting’ each of the three castes is not related to all the clothing that is mentioned; nor are they to be connected in the reverse order; in fact the first Brahmacārī is connected with the first skin and first cloth, the second with the second and so forth, as we have shown.

An objection is raised — “Even without the express mention (of the respective order), it would be understood through usage; for instance, such expressions as ‘shattered, scattered an d burnt by thunder, wind and fire’ are always understood to mean ‘shattered by thunder,’ ‘scattered by the wind’ and ‘burnt by fire’ (even though respectivity is not expressly mentioned).”

Answer. — This could be so understood if the three Brahma-charts bad been mentioned separately, and if the number (of Brahmacāris and the clothings) were the same. In the present instance, however, we have the single term ‘Brahmacāris,’ and the three Brahmacāris are not specifically named in any order. Further, the number of Brahmacāris is three, while that of the correlatives is six — three skins and three cloths. When however the text expressly mentions ‘respectivity,’ the order of the Brāhmacāris is deduced from that in which they are found to be spoken of in other texts. And after the ‘three Brahmacharis’ have been construed with the three skins, they are again repeated and construed with the cloths. And in.this manner the compatibility of numbers is maintained. It is primarily with reference to such cases that the revered Pāṇini has taken the trouble of laying down that ‘when an equal number of things are mentioned they are to be taken in their respective order.’ (1.3.10). — (41)

 

Explanatory notes by Ganganath Jha:

‘Ruru’ — has been described by Rāghavānanda as ‘tiger.’

Medhātithi (p. 92,1. 11) — ‘Smṛtyantara — This refers to Baudhāyana, Gṛhyasūtra, 2. 5. 16.

This verse is quoted in Aparārka (p.„ 57) as laying down that the skin of the Kṛṣṇamṛga, Ruru and Chāga should be worn as the ‘upper garment,’ respectively, by the Brāhmaṇa, the Kṣatriya and the Vaiśya,

This verse is quoted in Parāśaramādhava (Ācāra, p. 446), where it is explained that the skins mentioned are to be used as the upper garment, and the hempen and other cloths as the lower garment

Madanapārijāta (p. 20) quotes the second half as prescribing the cloths to be used by the three castes respectively; — and the first half (on p. 22) as laying down the skins.

The second half is quoted in Vīramitrodaya (Saṃskā ra, p. 411) and the first half also (p. 413).

The verse is quoted in Saṃskāramayūkha (p. 36), which adds that the skins of the Black Antelope, the Ruru deer and the goat are to be used as the upper garment: — in Nṛsiṃhaprasāda (Saṃskāra, p. 430); — and in Smṛticandrikā (Saṃskāra, p. 75).

Burnell is again inaccurate in saying that cotton and silk (with the well to do) are alone used now for outer garments.”

Medhātithi rightly remarks that the triplication cannot apply to the Kṣatriya’s girdle; as on triplication the bowstring would cease to be a ‘bowstring. Govindarāja agrees with him. So also Madanapārijāta (p. 20) and Vīramitrodaya (Saṃskāra; p. 432), Rāghavānanda explains that as the bow-string itself is a triplicated cord, no further triplication would be necessary.

The ‘Muñja’ grass, in Northern India called muṃja, is, as Burnell notes, the Saccarum Sara of the botanists.

Madanapārijāta (p. 20) explains that the Muñja has ‘tejanī’ as its other name; and a foot-note adds that it is what is called muragā.

This verge is quoted in Parāśaramādhava (Ācāra, p. 447); — also in Vīramitrodaya (Saṃskāra, p. 432), which explains ‘trivṛt’ not as twisted three-fold, but as ‘going round the waist three times’; — in Nirṇayasindhu (p. 189); — in

Aparārka (p. 58); in Smṛticandrikā (Saṃskāra, p. 70), which explains ‘trivṛt’ as threefold; — in Saṃskāramayūkha (p. 37), which quotes Medhātithi to the effect that since bowstrings are made sometimes of leather, the author has added the epithet ‘Maurvī’, ‘Murvā grass’; in Saṃskāraratnamālā (p. 192), which reproduces the above remark of Medhātithi, as also his further remark that the string is to be removed from the bow and then tied round the waist: it adds the following notes: the ‘Samā’, not uneven, thin in one place and thick in another; it should be of uniform thickness all through; — the three-fold twist applies to the hempen cord and not to the bow-string, which would cease to be a bowstring when so twisted; — it is quoted also in Nṛsiṃhaprasāda (Saṃskāra, p. 43 b).

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1.18.23. — ‘Skins of the black deer, the spotted deer and the goat; cloths of hemp, flax, tree-bark and kuśa grass, — for all; also of cotton, pure white; according to some, also red-coloured, for the Brāhmaṇa, dyed in tree-bark, for the other two castes, dyed in mañjiṣṭhā and haridrā.’

Gautama (Aparārka, p. 58). — ‘For all, the cotton cloth in its natural colour.’

Baudhāyana-Dharmasūtra, 1.2.15. — ‘The skins of the black deer, the spotted deer and the goat are the skins.’

Āpastamba-Dharmasūtra, 1.2.39-41. — ‘For clothing — hempen, flaxen and skin — some people advice the reddish-brown cloth.’

Āpastamba-Dharmasūtra, 1.3.1-9. — ‘For the Kṣatriya, dyed in Mañjiṣṭhā; for the Vaiśya, dyed in Haridrā; for the Brāhmaṇa, the skin of the white or black deer; for the Kṣatriya, the skin of the spotted deer; for the Vaiśya, the skin of the goat; the sheep-skin for all castes; as also the woolen cloth; if the student is desirous of Brāhmic glory, he should wear the skins alone; if desirous of Kṣattric glory, he should wear the cloths alone; if desirous of both kinds of glory, he should wear both.’

Vaśiṣṭha-Smṛti, 11.47. — ‘For the Brāhmaṇa, the upper garment consists of the skin of the black deer; for the Kṣatriya, of the skin of the spotted deer; for the Vaiśya, of the skin of the cow or of the goat.’ [Vīramitrodaya-Saṃskāra, p. 413, reads for ‘Gavyam,’ ‘āvyam,’ which means ‘of sheep.’ ]

Vaśiṣṭha-Smṛti, 11.49. — ‘For the Brāhmaṇa, the doth new and white; for the Kṣatriya, dyed in Mañjiṣṭhā; for the Vaiśya, dyed in Haridrā, or silken; for all, woven cloth, undyed; the new white cotton cloth, as also the hempen.’

Viṣṇu-Smṛti, 27.19-20. — ‘The upper garment should he of cotton, hemp and wool; and the skins of the deer, the tiger and the goat.’

Āśvalāyana-Gṛhyasūtra, 1.19.7. — ‘The hoy should be adorned and having his head shaven according to family-custom, clothed in new cloth or in skin; the Brāhmaṇa in the skin of the black deer, the Kṣatriya in that of the spotted deer, and the Vaiśya in that of the goat.’ [The ‘ahata,’ ‘new,’ cloth has been thus defined by Pracetas: — ‘slightly washed, fresh-white, with ends intact, never worn before’ — Vira-Saṃskāra, p. 411.]

Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 411). — ‘If they wear cloth, then the Brāhmaṇa should wear the reddish-brown, the Kṣatṭriya that dyed in Mañjiṣṭhā, and the Vaiśya that dyed in Haridrā.’

Pāraskara- Gṛhyasūtra, 2.5.16-19. — ‘Cloths, hempen, flaxen and woolen; for the Brahmaṇa, the upper garment is the skin of the black deer; for the Kṣatriya, that of the spotted deer; and for the Vaiśya, either that of the cow or the goat; or that of the cow for all.’

Gobhila-Gṛhyaṣūtra, 2.10.7-8. — ‘The cloths for these are flaxen, hempen, cotton, and woolen; and the skins, those of the black deer, the spotted deer and the goat.’

Gobhila-Gṛhyasūtra, 2.10.10. — ‘For the Brāhmaṇa the cloth should be of flax or of hemp; for the Kṣatriya of cotton; for the Vaiśya of wool.’

Śaṅkha (Vīramitrodaya-Saṃskāra, p. 412). — ‘The clothing to be worn should be always white, whether it consists of flax, or cotton, or grass, or skin, or tree-bark, or wool.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, p. 412). — ‘The water-pot, the sacrificial thread and the reddish-brown cloth — these are common.’

Paiṭhīnasi (Vīramitrodaya-Saṃskara, p. 413). — ‘The skins of the Kṛṣṇa, the Ruru and the Pṛṣat deer.’

Hīraṇyakeśin (Vīramitrodaya-Saṃskāra, p. 413). — ‘For the Brāhmaṇa the skin of the black deer; for the Kṣatriya, that of the spotted deer; for the Vaiśya, that of the goat.’

Śaṅkha (Vīramitrodaya-Saṃskāra, p. 413). — ‘The upper garment should consist of the skins of the black deer, the spotted deer and the goat.’

Yama (Vīramitrodaya-Saṃskāra, p. 413). — ‘The Brāhmaṇa, the skin of the black deer; the Kṣatriya, that of the spotted deer; and the Vaiśya, the skin of the goat; or the skin of the spotted deer, for all.’

Yama (Aparārka, p. 58). — ‘For all, the skin of the Rum, the hempen cloth and the woolen cloth, according to their circumstances, should form the lower garment.’

Bṛhaspati (Aparārka, p. 414). — ‘The skin for the Brāhmaṇa is of the black deer; for the Kṣatriya, of the spotted deer; for the Vaiśya of the goat; and the cloths are hempen, flaxen and woolen.’

[The idea is that the lower garment should consist of cloth and the upper garment of skin.]

The size of the ‘skin’ to be worn has been prescribed by Śākala (Vīramitrodaya-Saṃskāra, p. 414) — as ‘48 aṅgulas long and 4 aṅgulas broad.’

 

 

VERSE 2.42

Section XIII - Initiation (upanayana)

 

मौञ्जी त्रिवृत् समा श्लक्ष्णा कार्या विप्रस्य मेखला ।
क्षत्रियस्य तु मौर्वी ज्या वैश्यस्य शणतान्तवी ॥४२॥

mauñjī trivṛt samā ślakṣṇā kāryā viprasya mekhalā |
kṣatriyasya tu maurvī jyā vaiśyasya śaṇatāntavī ||42||

 

For, the Brāhmaṇa the girdle should be threefold, of even thickness, soft and smooth, made of muñja grass; for the Kṣatriya it should be the bow-string made of murvā grass; and for the Vaiśya the cord made of hempen fibres.” — (42)

 

Medhātithi’s commentary (manubhāṣya):

The muñja is a particular kind of grass; the cord made of that grass is called ‘Mauñjī.’ This cord should form the ‘girdle,’ hraid, waist-band. ‘Threefold’ — triple-corded; — ‘of even thickness’ — not such as is thin in one part and thinner in another; but such as is even throughout; — ‘soft and smooth,’ of soft texture, well-rubbed.

‘For the Kṣatriya the bow-string’; — the string of the bow. The bow-string is made sometimes of leathern thong, sometimes of grass or of fibres of hemp or flax; hence the text specifies it as that ‘made of murvā grass’; this string should be taken down from the bow and made into the waist-band.

Even though the qualifications of triplicity and the rest apply literally to all kinds of ‘girdle,’ and not only to that of muñja grass, yet they cannot be applied to the ‘bow-string,’ as with such qualifications it would entirely lose its character of ‘bow-string.’

‘Made of hempen fibres’; — the lengthening of the vowel in the second number of the compound is an archaism. Or, we may take the term ‘tāntavī’ by itself formed with the nominal affix added to the term ‘tantu’ only, and then compound the term ‘tāntavī’ with the term ‘śaṇa’; since the ‘tāntavī,’ the fibre, is a product of the ‘śaṇa,’ hemp, it is naturally spoken of as related to its source (the hemp) [hence the compound śaṇānām tāntavī — ‘śaṇatāntavī’; as we find in such expressions as ‘the cow’s butter,’ ‘Deva-datta’s grand son’ and so forth]. This hempen cord should be made like that of the Muñja cord; as the author of the Gṛhyasūtras have clearly laid down that the Vaiśya’s girdle should have the qualities of triplicity and the rest. — (42)

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1.17. — ‘The girdles are of Muñja grass, of bowstring and made of Murvā grass, and of fibres respectively.’

Baudhāyana-Dharmasūtra, 1.2.14. — ‘The girdles are of Muñja, bowstring and hempen.’

Āpastamba- Dharmasūtra, 1.1.2.33-37. — ‘For the Brahmaṇa, the girdle consists of Muñja-string three-fold; for the Kṣatriya, of bowstring; or of Muñja-string mixed with iron; for the Vaiśya, of woolen yarn; or according to some, of fibres of the Āsana tree, or of those of the Tamāla tree.’

Vaśiṣṭha-Smṛti, 11.46. — ‘The girdle for the Brāhmaṇa consists of the Muñja-string; for the Kṣatriya, of the bowstring; for the Vaiśya, of hempen fibre.’

Viṣṇu-Smṛti, 27.18. — ‘For these the girdles are of Muñja, of bowstring and of Balvaja fibres.’

Āśvalāyana-Gṛhyasütra, 1.19.11. — ‘The girdle for the Brāhmaṇa is of Muñja grass, for the Kṣatriya, of the bowstring; for the Vaiśya, of wool.’

Pāraskara-Gṛhyasūtra, 2.5.21-23. — ‘For the Brāhmaṇa, the girdle is of Muñja grass; for the Kṣatriya, of the bowstring; for the Vaiśya, of Murvā grass.’

Gobhilā- Gṛhyasūtra, 2.10.10. — ‘The girdles are of Muñja, Kāśa and Kambala.’

Paiṭhīnasi (Aparārka, p. 55). — ‘For the Brāhmaṇa, the girdle of Muñja and Aśmāntaka.’

Yama (Vīramitrodaya-Saṃskāra, p. 433). — ‘The girdle of the Brāhmaṇa is of Muñja grass; of the Kṣatriya of the bowstring made of Murvā grass; and that of the Vaiśyas, of hempen fibre.’

Śaṅkha (Vīramitrodaya-Saṃskāra, p. 434). — ‘Or, for all, of Muñja grass.’

 

 

VERSE 2.43

Section XIII - Initiation (upanayana)

 

मुञ्जालाभे तु कर्तव्याः कुशाश्मन्तकबल्वजैः ।
त्रिवृता ग्रन्थिनैकेन त्रिभिः पञ्चभिरेव वा ॥४३॥

muñjālābhe tu kartavyāḥ kuśāśmantakabalvajaiḥ |
trivṛtā granthinaikena tribhiḥ pañcabhireva vā ||43||

 

In the event of Muñja (and thb rest) being not available, they should be made of Kuśa, Ashmantaka and Balvaja, — triplicated with one, three or four knots. — (43)

 

Medhātithi’s commentary (manubhāṣya):

Writers declare that the phrase ‘and the rest’ is understood, the sense being ‘in the event of Muñja and the rest being not available.’ And the reason for this is that it is only thus that the plural number ‘should be made,’ becomes more appropriate; specially as the diversity of the girdle has been clearly prescribed in accordance with the diversity of castes. If the girdle spoken of in the present verse were meant for that of any one caste only, then the plural number could be justified only by taking it as referring to the girdle worn by the endless individual members of that one caste; and further, it would be necessary in this case to alter the singular number in ‘viprasya’ (of the preceding verse) into the plural number (to bring it into conformity with the present verse); and lastly, in this case all the three alternatives herein mentioned would have to be taken as pertaining to the one girdle (of the Brāhmaṇa only). And no such multiplicity of option should be allowed so long as there is any other way of taking the text.

Thus then the sense of the present verse is as follows — (a) if Muñja is not available, the girdle should be made of Kuśa; if the bow-string is not available, it should be made of Ashmantaka; and (c) if the hempen fibre is not available it should be made of Balvaja.

The terms ‘kuśa,’ etc., denote grasses and herbs.

This verse is meant to restrict the choice of substitutes; so that in the absence of kuśa, etc., one would not be justified in using any other similar substances.

Triplicated by one knot. The various numbers (of knots) are not meant to be restricted to the three castes respectively; they are intended to be optional alternatives for every one of them. This difference in the number of knots in the girdle made of kuśa, etc., as well as the other details laid down in connection with it are to be regarded as regular injunctions, even though the customs laid down in other Smṛtis are not necessarily binding. — (43)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 447), — and also in Madanapārijāta (p. 20), which latter agrees with Medhātithi in taking the Kuśa-Aśmāntaka-Balvaja as pertaining to the Brāhmaṇa, the Kṣatriya and the Vaiśya respectively.

Vīramitrodaya (Saṃskāra, p. 433) explains that the term ‘Muñja’ in the present verse stands for all its variants mentioned in the preceding verse, and proceeds to quote the view that what is meant is that — (a) for the Brāhmaṇa in the absence of Muñja, Kuśa should be used, — (b) for the Kśatriya in the absence of Murvā, Aśmāntaka, and (c) for the Vaiśya in the absence of Śaṇa, Balvaja; but dissents from it, stating it as its own opinion, that all the three substitutes mentioned are meant for each of the primary substances enjoined before. It cites another view, according to which, since the present verse mentions the Muñja only, the meaning must be that the three substitutes are meant for the Brāhmaṇa only; so that for the Kṣatriya and the Vaiśya, if the substance primarily prescribed under the preceding verse be not available, they should make use of some other suitable material resembling the primary. But this view also is not approved as being in conflict with the text of Yama, which says that — “in the absence, of these i.e. the three, Muñja, Murvā and Śaṇa, the girdle should be made of Kuśa, Aśmāntaka and Balvaja.”

The second half of the verse is quoted in Vīramitrodaya (Saṃskāra) on page 432, where it adds that the options mentioned do not depend entirely on the wish of the wearer, — the number of knots being, in fact, determined by the number of Pravaras of the Gotra to which the boy belongs.

Nirṇayasindhu (p. 189) also quotes this verse; — and Aparārka (p. 58), which explains that the knots are to be made in accordance with one’s ‘Gotra-ṛṣis’; — also Saṃskāramayūkha (p. 37), which quotes Kullūka’s explanation; — in Saṃskāraratnamālā (p. 193) as setting forth substitutes for the girdle-zone; it adds the following notes: — The term ‘ādi’ is understood here, the construction being ‘Muñjādyabhāve’, ‘in the absence of Muñja and other substances’; the number of knots is to be the same as that of the wearer’s Pravara; — in Nṛsiṃhaprasāda (Saṃskāra, p. 43b); — and in Smṛticandrikā (Saṃskāra, p. 80), which adds the note that ‘trivṛt’ means ‘threefold’; and that ‘Muñja’ here stands for the Murvā and other substances specified in the preceding verse.

 

Comparative notes by various authors:

Pāraskara-Gṛhyasūtra, 2.5.24. — ‘In the absence of Muñja, it should consist of Kuśa, Ashman taka and Balvaja.’

Yama (Vīramitrodaya-Sarhskāra, p. 433). — ‘In the absence of these (Muñja, Murvā and Hemp), it should consist of Kuśa, Ashmantaka and Balvaja; and girdles should be made threefold with either one or three knots.’

Āśvalāyana-Smṛti (Vīramitrodaya-Saṃskāra, p. 432). — ‘The girdle should be made triplicated; turned round three times; its knots should he three or five or seven.’

 

 

VERSE 2.44

Section XIII - Initiation (upanayana)

 

कार्पासमुपवीतं स्याद् विप्रस्यौर्ध्ववृतं त्रिवृत् ।
शणसूत्रमयं राज्ञो वैश्यस्याविकसौत्रिकम् ॥४४॥

kārpāsamupavītaṃ syād viprasyaurdhvavṛtaṃ trivṛt |
śaṇasūtramayaṃ rājño vaiśyasyāvikasautrikam ||44||

 

The Sacrificial Thread worn over the shoulder, — which is triple and twisted upwards, — should be hade op cotton for the Brāhmaṇa, of hempen fibres for the Kṣatriya, and op woolen fibres for the Vaiśya. — (44)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘upavīta’ stands for the peculiar manner in which cloth is worn; as will be explained later in Verse 63; as such, it is only a quality; and since this quality cannot be made of cotton, the quality is taken as standing for the thing to which the quality belongs; the meaning being that the thing that is to be worn in the particular way should be made of cotton; the term ‘upavītam’ being regarded as formed with the ‘ach’ affix, according to Pāṇini 5.2.127, ‘upavītam’ being equivalent to ‘upavītavat.’

 

‘Twisted upwards’ — i.e., turned round, coiled upwards.

‘Triple’ — consisting of three yarns.

This ‘twisting upwards’ is laid down for that article which, on coming out of the spinning wheel, has acquired the properties of the ‘yarn’ and has then been folded three times. That is to say, three yarns should be brought together and by upward twisting made into a cord, and then used as the ‘sacred thread.’ Of this cord, either only one or three or five or seven should be worn. It comes to be known as the ‘sacrificial thread’ by reason of its being connected with sacrificial performances; in as much as it is worn for the purposes of sacrificial performances, it is so called figuratively.

Now, of the three kinds of sacrifice, the Iṣṭi, the Paśu and the Soma sacrifices, it may be worn single at all these, when they are all looked upon as ‘sacrifices’ in general (and hence, uniform); or it may be worn three-fold, when they are looked upon either as performed with the help of three fires, or as being divided into the three classes of ‘Ahīna,’

‘Ekāha’ and ‘Satra’; or again, it may be worn seven-fold, in view of the number of stages in the Soma sacrifice being seven; or lastly, it may be worn five-fold, in view of there being three ‘Savanas’ (extractions of Soma-juice) and two ‘Sandhyās’ (twilights).

[In the absence of Cotton], the ‘Thread’ may be made of silk and other fibres also; such is the direction given ill other Smṛtis.

‘Avi’ is sheep; the yarn made of wool is ‘woolen fibre’; the term ‘ārik?sūtrikam’ being formed with the ‘ṭhañ’ affix, according to the Vārtika on Paṇini 4.3.60. Or, we may read ‘avikasūtrikam’ this word being formed with the ‘ṭhan’ affix having the sense of the possessive. — (14)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtichandrikā (Saṃskāra, p. 80), Which says that ‘trivṛt’ means ‘made of nine yarns’; — and in Nityāchārapradīpa (p. 31).

It is quoted in Parāśaramādhava (Ācāra, p. 448); in Madanapārijāta (p. 21), — and in Vīramitrodaya (Saṃskāra, p. 414); — also in Nirṇayasindhu (p. 190); — in Aparārka (p. 58); — in Nṛsiṃhaprasāda (Saṃskāra, p. 43a); — in Saṃskāramayūkha (p. 38), which has the following notes: — ‘ūrdhvavṛtam’ and ‘trivṛt’ are to be construed with ‘śaṇasūtramayam’; also, — ‘āvikam’ means ‘of sheep- wool.’

‘Urdhvavṛtam’ — This is thus defined by ‘Saṅgrahākāra.’ a writer quoted in Parāśaramādhava and Madanapārijāta — ‘That which is twisted threefold by the right hand moving upward’ — i.e. twisted towards the right.

‘Trivṛt’ — has been explained in Vīramitrodaya as standing for ‘consisting of nine threads’; and thus on the basis of a Śruti text which defines ‘Trivṛt’ as nine. The same explanation is given in Aparārka also; — so also Smṛtikaumudī (p. 6.)

 

Comparative notes by various authors:

Baudhāyana-Dharmasūtra, 5.5. — ‘The Sacred Garment consists of the silken thread triplicated, hanging down to the navel and passing under the right arm.’ [‘Kauśa’ has been taken to mean ‘silken’ by the Kalpataru, but ‘made of kuśa’ by the Vīramitrodaya- Saṃskāra, p. 415.]

Viṣṇu-Smṛti, 27.19. — ‘The sacred garment and the cloths are to be of cotton, hempen fibre and wool.’

Paiṭhīnasi (Vīra-Saṃskāra, p. 415). — ‘Cotton thread is for all.’

Gobhila (Vīramitrodaya-Saṃskāra, p. 415). — ‘The sacred garment is made of cotton, cloth or Kuśa -string.’

Devala (Vīramitrodaya-Sarhskāra,p. 415). — ‘The Twice-born should wear the sacred garment made of cotton or flax or cow-hair or hemp or tree-bark or grass.’

Devala (Parāśaramādhava, p. 449). — ‘The sacred thread should be made of nine-yarned thread.’

Ṛṣyaśṛṅga (Parāśaramādhava, p. 449). — ‘The purposes of the sacred garment should be served by means of the cloth, and in the absence of cloth, by means of the Triplicated Thread.’

Ādityapurāṇa (Parāśaramādhava, p. 449). — ‘The sacred garment to be worn should consist of either flax or cotton or hemp.’

Bhṛgu and Kātyāyana (Do., p. 416). — ‘The Upavīta should consist of three threads twisted upwards, then twisted downwards, then twisted upwards again.

Gṛhyapariśiṣṭa (Do.). — ‘One thread should be folded thrice and then twisted three times.’

Devala (Do.). — ‘The sacred garment should consist of nine threads, with a single knot.’

Paiṭhinasi (Do.). — ‘The sacred garment should be of cotton for the Brāhmaṇa consisting of six triplicated threads; for the Kṣatriya, of flax, and for the Vaiśya, of wool.’

Bhṛgu (Do., p. 421). — ‘For the Student there should be only one Upavīta, for the Householder and the Recluse, two; and for the Renunciate also only one.’

Bhṛgu (Aparārka, p. 58). — ‘Three threads should he twisted upwards in three folds; the Upavīta shall be triplicated; and it should have a single knot.’

Vaśiṣṭha (Do.). — ‘For the Accomplished Student there should he two Upavītas.’

Kaśyapa (Do.). — ‘For the Householder, they may he three, four, five, eight or ten; for the Student only one; so also for the Recluse.’

Kātyāyana (Do., p. 422). — ‘One should always wear the Upavīta.’

Kātyāyana (Parāśaramādhava, p. 449). — ‘It should he of three threads three-fold, twisted upward and turned downwards. It has one knot.’

Pariśiṣṭa (Do., p. 423). — ‘During acts in honour of Gods, the garment should be worn on the left shoulder (technically called Upavīta); during those in honour of Pitṛs, on the right shoulder (technically called Prāchīnāvīta); during malevolent rites, on both shoulders, hanging over the chest down to the navel; and during the vulgar act, hanging on the hack (technically called nivīta).’

Śruti (Darśapūrṇamāsa section — quoted by Śabara, 3.4.1). — ‘Nivīta for men, Prachīnāvīta for Pitṛs and Upavīta for Gods.’

 

 

VERSE 2.45

Section XIII - Initiation (upanayana)

 

ब्राह्मणो बैल्वपालाशौ क्षत्रियो वाटखादिरौ ।
पैलवौदुम्बरौ वैश्यो दण्डानर्हन्ति धर्मतः ॥४५॥

brāhmaṇo bailvapālāśau kṣatriyo vāṭakhādirau |
pailavaudumbarau vaiśyo daṇḍānarhanti dharmataḥ ||45||

 

The Brāhmaṇa should, by law, have staves of Bilva and Palāśa wood; the Kṣatriya those of Vaṭa and Khadira; and the Vaiśya those of Pīlu and Udumbara. — (45).

 

Medhātithi’s commentary (manubhāṣya):

Even though the text uses the Copulative Compound (which implies that two staves have to be carried), yet, in as much as in connection with the detailed qualifications of the staff laid down in the text, we find the singular number used, — e.g., in the next verse, and in Verse 18 below, — it is understood that only one staff is to be carried; specially as in the Gṛhya-sūtra we read — ‘the Brāhmaṇa’s staff’ is of Bilva or Palāśa’; and the Gautama-sūtra speaks of the carrying of one staff only. In the present context all that is done is to lay down the mere possibility of the staff; the expression ‘should have staves’ meaning that the said staves are fit for Brahmacārīs. As regards the question as to the act during which the staff is to be held, we shall have the answer in Verse 48 below; so that the staff being only an auxiliary to that act, the singular number used in that verse must be regarded as significant. For these reasons the

Dual number used in the present verse must be taken merely as referring to all possible staves; just like the plural number in the assertion — ‘if God were to give rain many persons would take to cultivation.’

‘Bilva,’ ‘Palāśa,’ ‘Vaṭa,’ ‘Khadira’ Pīlu’ and ‘bara’ are names of particular species of trees.

‘Bailva’ means ‘made of Bilva’; and so with the rest.

The naming of the woods is meant to be merely illustrative; as the general rule is that ‘staves made of sacred woods are fit for all castes’ (Gautama 1.1.24).

These staves the Brahmacārīs ‘should have’ during the act to be described below (in 48); — ‘by law’ — i.e., in accordance with scriptural injunctions. — (45)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 447); — in Madanapārijāta (p. 22), — in Vīramitrodaya (Saṃskāra, p. 436); — in Smṛtitattva (p. 930), which last points out that the copulative compound ‘bailvapālaśau’ should not be taken to imply that two staves have to be taken up; because later on, in verse 48, we have the singular form ‘daṇḍam’; — in Nirṇayasindhu (p. 189), and Aparārka (p. 57); — in Nṛsiṃhaprasāda (Saṃskāra p. 43b); — in Smṛticandrikā (Saṃskāra, p. 77), which adds that the text lays down optional alternatives; — in Saṃskāramayūkha (p. 37), which adds that a combination of all the staves is not meant, only one staff being held, as is clear from the singular number in the next verse; they are to be taken as optional alternatives; — and in Saṃskāraratnamālā (p. 193), which, along with Mayūkha reads ‘paippala’ or ‘pailava,’ and adds that option is clearly meant.

 

Comparative notes by various authors:

Bodhāyana-Dhannasūtra, 1.2.16. — ‘The staves are to be of a sacrificial tree.’

Gautama-Dharmasūtra, 1.21.26. — ‘The staff of the Brāhmaṇa is of Bilva and Palāśa; for the rest, of Aśvattha and Pīlu; or for all, of some sacrificial wood.’

Āpastamba-Dharmasūtra, 1.2.37. — ‘The staff for tho Brāhmaṇa is of Palāśa; for the Kṣatriya, of the trunk or of the lower ends of the Nyagrodha tree; for the Vaiśya, of Badara or Udumbara; some people prescribe simply that the staff should be of some tree, without reference to particular castes.’

Vaśiṣṭha-Smṛti, 11.45. — ‘For the Brāhmaṇa, the staff is of Palāśa or Bilva; for the Kṣatriya of Nyagrodha; for the Vaiśya, of Udumbara.’

Viṣṇu-Smṛti, 27.21. — ‘Staves are of Palāśa, Khadira and Udumbara.’

Āśvalāyana-Gṛhyasūtra, 19.12-13. — ‘The staff for the Brāhmaṇa is of Palāśa; for the Kṣatriya, of Udumbara; for the Vaiśva, of Bilva.’

Pāraskara-Gṛhyasūtra, 2.5.25-28. — ‘The staff for the Brāhmaṇa is of Palāśa; for the Kṣatriya, of Bilva; for the Vaiśya, of Udumbara; or all for all.’

Gobhila-Gṛhyasūtra, 2.10.11. — ‘Staves are of Palāśa, Bilva and Aśvattha.’

Hīraṇyakeśin (Vīramitrodaya-Saṃskāra, p. 134). — ‘The staff for the Brāhmaṇa is of Bilva or Palāśa; for the Kṣatriya, of Nyagrodha; for the Vaiśya, of Udumbara.’

Bhaviṣya-purāṇa (Do., p. 434). — ‘For the Brāhmaṇa, the staff is of Bilva, Palāśa and Plakṣa; for the Kṣatriya, of Nyagrodha, Khadira and Vetasa; for tho Vaiśya, of Pīlu, Udumbara and Aśvattha.’

Śaṅkha (Vīramitrodaya-Saṃskara, p. 435). — ‘The staves are of Palāśa, Pippala and Bilva, respectively.’

Śaṅkha-Likhita (Do., p.437). — ‘Staves of Bilva, Palāśa, Khadira, Aśvattha, Pīlu and Udumbara.’

Paiṭhīnasi (Do., 435). — ‘For the Vaiśya, of Udumbara or Badara and Varaṇa.’

Yama (Aparārka, p. 57). — ‘In the absence of those enumerated, any sacrificial wood may be used by any caste.’

The ‘sacrificial trees have been enumerated in Brahma-purāṇa, as follows: — ‘Śamī, Palāśa, Nyagrodha, Plakṣa, Vikaṅkata, Aśvattha, Udumbara, Bilva, Chandana, Sarala, Sālva, Devadāru and Khadira.’ (Vīramitrodaya-Saṃskara, p. 435).

 

 

VERSE 2.46

Section XIII - Initiation (upanayana)

 

केशान्तिको ब्राह्मणस्य दण्डः कार्यः प्रमाणतः ।
ललाटसम्मितो राज्ञः स्यात् तु नासान्तिको विशः ॥४६॥

keśāntiko brāhmaṇasya daṇḍaḥ kāryaḥ pramāṇataḥ |
lalāṭasammito rājñaḥ syāt tu nāsāntiko viśaḥ ||46||

 

For the Brāhmaṇa the staff should be made in size reaching up to the end of his hair, for the Kṣatriya it should reach up to the forehead, and for the Vaiśya to the nose; — (46)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘staff’ denotes the particular shape (of the wood carried); — a long piece of wood of a well-defined size is called ‘staff.’

The question arising as to what its length should be, the Text answers it. That which reaches up to the end of the hair is called ‘Keśāntika,’ i.e., reaching up to the head; i.e., in size it should reach from the tip of the foot up to the head. Or, the compound ‘Keśānta.’ may be expounded as ‘that of which the hair forms the end,’ the ka coming in as an additional affix at the end of the compound.

‘In size,’ — the staff — ‘should be made’ of the said size, — ‘for the Brāhmaṇa,’ — i.e., by the Teacher.

‘Reaching to the forehead’ — i.e., of the size reaching up to the forehead. The ‘forehead’ itself is only four inches in width; and as a piece of wood of that size could never be spoken of as ‘staff,’ we have to explain the term ‘lalāṭasamnitaḥ’ (which, as it stands, means ‘of the size of the forehead’) as meaning ‘that which reaches from the tip of the foot up to the forehead.’

Similarly for the Vaiśya, it should reach up to the tip of the nose. — (46)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 930), which adds that in the event of the specified wood not being available any one of the woods recommended for the three castes may be used for any one of these three; — in Madanapārijāta (p. 22); — in Vīramitrodaya (Saṃskāra, p. 436), which last explains ‘Keśāntikaḥ’ as ‘Mūrdhāpramāṇaḥ’; — in Parāśaramādhava (Ācāra, p. 448); — in Aparārka (p. 57); — in Nṛsiṃhaprasāda (Saṃskāra, p.43b); — and in Smṛticandrikā (Saṃskāra, p. 78), which explains ‘Keśāntikaḥ’ as reaching up to the head.

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1.27. — ‘They are of the size reaching up to the head, the forehead and the nose-tip.’

Baudhāyana-Dharmasūtra. — ‘The staves are of a sacrificial wood, reaching up to the head, the forehead and the nose-ṭip.’

Vaśiṣṭha-Smṛti, 11.46. — ‘For the Brāhmaṇa, it should reach up to the hair; for the Kṣatriya, up to the forehead; for the Vaiśya, up to tho nose.’

Āśvalāyana-Gṛhyasūtra, 19.13. — ‘For the Brāhmaṇa, reaching up to the hair; for the Kṣatriya, reaching up to the forehead; for the Vaiśya, reaching up to ṭhe Breath (Nose-tip).’

Pāraskara-Gṛhyasūtra (Vīramitrodaya-Saṃskāra, p. 436). — ‘The staff of the Brāhmaṇa should reach to his hair; of the Kṣatriya, to his forehead; of the Vaiśya, to the Breath.’

Vyāsa (Do.). — ‘Reaching up to the head, the forehead and the nose-tip.’

Śaṅkha (Do., p. 437). — ‘They have been described as ranging between the Hair and the Forehead.’

Viṣṇu (Vīra-Saṃskara, p. 437). — ‘They should reach the Hair, the Forehead and the Nose.’

Śaṅkha-Likhita (Do.). — ‘They should reach the Hair, the Forehead and the Mouth.

 

 

VERSE 2.47

Section XIII - Initiation (upanayana)

 

ऋजवस्ते तु सर्वे स्युरव्रणाः सौम्यदर्शनाः ।
अनुद्वेगकरा नॄणां सत्वचोऽनग्निदूषिताः ॥४७॥

ṛjavaste tu sarve syuravraṇāḥ saumyadarśanāḥ |
anudvegakarā nṝṇāṃ satvaco'nagnidūṣitāḥ ||47||

 

All these should be straight, unimpaired, handsome-looking, not frightening to men, with dark and unspoilt by fire — (47)

 

Medhātithi’s commentary (manubhāṣya):

‘Straight’ — not crooked.

‘All’ — refers to those mentioned above; all those mentioned being equally the things under consideration.

‘Unimpaired’ — without holes.

‘Handsome looking’; — whose appearance is pleasing. That is, of pure colour and without thorns.

‘Not frightening’; — they should not be used to frighten anyone, dog or man; ‘to men’ being only indicative (of animals in general).

‘With bark’ — uncut, unpeeled.

‘Unspoilt by fire,’ — not affected by fire either of lightning or of the forest. — (47)

 

Explanatory notes by Ganganath Jha:

‘Anudvegakarāḥ’ — ‘not frightening’ (Medhātithi and Govindarāja); — Kullūka does not explain the term; — ‘not displeasing to the wearer’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 448); — in Smṛtitattva (p. 930) — in Madanapārijāta (p. 22); — ‘in Vīramitrodaya (Saṃskāra, p. 436); — in Aparārka (p. 57); — and in Saṃskāraratnamālā (p. 193), which adds the following notes: — ‘Ṛjavaḥ,’ straight, — ‘avraṇāḥ,’ free from holes, — ‘Saumyadarśanāḥ,’ free from thorns, etc., — ‘Agnidūṣitaḥ,’ burnt by fire.

 

Comparative notes by various authors:

Gautama- Dharmasūtra, 1.27. — ‘They should he uninjured, tapering towards the top, and with bark.’

Visṇu-Smṛti, 27.24. — ‘They should be not crooked, and with bark.’

Vyāsa (Vīramitrodaya-Sarhskāra, p. 436). — ‘They should be tapering like the sacrificial post.’

Paiṭhīnasi (Do.). — (The same words as Gautama’s.)

 

 

VERSE 2.48

Section XIII - Initiation (upanayana)

 

प्रतिगृह्येप्सितं दण्डमुपस्थाय च भास्करम् ।
प्रदक्षिणं परीत्याग्निं चरेद् भैक्षं यथाविधि ॥४८॥

pratigṛhyepsitaṃ daṇḍamupasthāya ca bhāskaram |
pradakṣiṇaṃ parītyāgniṃ cared bhaikṣaṃ yathāvidhi ||48||

 

Taking up the staff of his liking, having worshipped the sun and walked round the fire to his right, he should beg for alms according to the prescribed rule. — (48)

 

Medhātithi’s commentary (manubhāṣya):

After the skins have been put on, the tying of the girdle should be done; and after having tied the girdle, the Initiation should be performed; the staff is taken up after the ‘sacred thread’ ceremony has been performed. After the staff has been taken up, the Sun should be worshipped; i.e., one should stand facing the sun and worship Him with those Mantras of which the sun is the presiding deity; what are the particular Mantras to be employed can be ascertained from the Gṛhyasūtras; as also the other details of procedure.

The present verse describes only what is common to all persons.

‘Having walked round the fire to his right,’ — having passed all round it.

‘Gharet’ — (lit.) should accomplish; — ‘alms’ is a collective term, stauding for collection of fool; — this he ‘should beg.’

‘According to prescribed rule’ — refers to the rules going to be laid down below. The term ‘bhikṣū’ (food) stands for small quantities of cooked rice, etc. — (18)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 451), where it is explained that the Sun is to be worshiped as the sum total of the connotation of the Gāyatrī-mantra; — and that one is to realise that he is one with that deity. According to this authority the ‘parītyāgnim’means, not that the boy is to ‘walk round the fire’ (as explained by Kullūka and Medhātithi), but that he should tend the fire; and it proceeds to point out that the ‘tending of the fire’ is to be done according to what has been laid down by Manu himself under 2. 186.

It is difficult to see how this writer would construe the adverb ‘pradakṣiṇam.’

This verse is quoted in Smṛtitattva (p. 935) in support of the view that the particle ‘atha’ in the Gṛhya-sūtra: ‘aiha bhaikṣyañcarati’ stands for the Upasthāna of the Sun and ‘pradakṣiṇa’ of the Fire; — in Madanapārijāta (p. 32); the latter explaining ‘īpsitam’ by ‘as prescribed for each individual, and not any other’, adds that the Sun is to be worshipped with mantras sacred to that deity. It accepts Medhātithi’s explanation of the phrase ‘parityāgnim’; and points out that the three acts mentioned here all form part of the procedure of ‘begging.’

It is quoted also in Vīramitrodaya (Saṃskāra, p. 481), according to which also, ‘īpsitam’ means ‘what is prescribed for each particular caste’; — and the phrase ‘bhāskaram upasthāya’ (though it quotes the latter term as ‘abhi-vādya’) as ‘facing the sun’ (which is the explanation, it adds, suggested by Kalpataru); — and ‘Yathāvidhi’ as ‘according to the rule laid down in the next verse.’ It adds that all the three acts are subsidiary to the act of begging.

It is quoted in Aparārka (p. 60); — in Saṃskāramayūkha (p. 60); — in Smṛticandrikā (Saṃskāra, p. 108), which explains ‘Yathāvidhi’ as ‘according to the ordinances — and in Vīramitrodaya (Vyāvahāra, p. 124 a).

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 2.12. — ‘Fire-kindling and alms-begging.’

Āpastamba-Dharmasūtra, 1.3.25. — ‘Morning and evening, he should beg alms, from proper persons.’

Āśvalāyana-Gṛhyasūtra, 22.5. — ‘He should beg alms, morning and evening.’

Pāraskara-Gṛhyasūtra, 2.6.1. — ‘Alms-begging.’

Gobhila-Gṛhyasūtra, 2.10.42. — ‘After this he goes about begging alms.’

 

 

VERSE 2.49

Section XIII - Initiation (upanayana)

 

भवत्पूर्वं चरेद् भैक्षमुपनीतो द्विजोत्तमः ।
भवन्मध्यं तु राजन्यो वैश्यस्तु भवदुत्तरम् ॥४९॥

bhavatpūrvaṃ cared bhaikṣamupanīto dvijottamaḥ |
bhavanmadhyaṃ tu rājanyo vaiśyastu bhavaduttaram ||49||

 

The Brāhmaṇa, having undergone Initiation, should beg for food with words of which ‘bhavat’ (‘Lady’) forms the beginning; the Kṣatriya with words of which ‘bhavat’ forms the middle; and the Vaiśya with words of which ‘bhavat’ forms the end. — (49)

 

Medhātithi’s commentary (manubhāṣya):

The word ‘bhaikṣam’ here stands for the words with which the request for alms is preferred; as it is only the words that can have ‘bhavat’ as the ‘beginning’; the food itself could not have any such beginning.

In as much as it is laid down that ladies are the first to be begged from first, and in the request made it is the person begged from that is addressed, it is the feminine vocative form of the term ‘bhavat’ that should be used.

All that the present text does is to lay down the order of the words to he used, there being some transcendental purpose served by the order. The actual words used should be — ‘bhavati bhikṣām dehi,’ ‘O Lady, give me food.’

Question, — “ Wherefore could there be any possibility of

Sanskrit words being used, since they are addressed to women, and they do not understand Sanskrit

Answer. — The Initiatory ceremony, being compulsory, is of an eternal character; and it is in connection with this ceremony that the use of the words is laid down. The vernaculars (corrupt languages) are not eternal; so that there could be no connection between these and an eternal ceremony. Then again, just as when educated people hear corrupt forms of words used, they are reminded, by the resemblance, of the corresponding correct forms and thereby come to comprehend the meaning; — for instance, the (incorrect) word ‘?ā’ leads to the inference (remembrance of) of the (correct) word ‘go' through similarity, according to the theory that ‘the incorrect word is expressive only by inference, and the meaning is comprehended from the inferred correct word’; in the same manner when correct words are addressed to women, they remember, through similarity, the corresponding incorrect words whoso meaning they know, and thus they come to comprehend the; meaning of the words used. Further, the expression in question is a short, one consisting of three words only, and these being well-known words, they would be easily comprehensible by ladies also.

Similarly the Kṣatriya should use words of which the ‘bhavat’ forms the middle; the actual form being ‘bhikṣām bhavati dehi,’ ‘Give me, O Lady, food.’ So the Vaiśya should use words of which ‘bhavat’ forms the end. The word ‘bhavaduttaram’ means ‘that of which bhavat forms the end’; — the compound thus standing for the sentence (give me food, O Lady’).

‘Having undergone Initiation’; — the past-participial ending implies that the rule laid down here is to be observed also in connection with the begging for food for daily living (even after the first day of the initiation); and further, what is said in verse 68 below — ‘such is the procedure of initiation for the twice-born’ — is a summing up of the whole section on ‘Initiation’; and hence shows that the rule laid down in the present verse applies also to that begging for alms whicḥ forms part of the ceremony of Initiation. If we do not take it thus, then what is laid down here would only he taken either as a part of the Initiation-rites (as shown by the context), or as applying to the ordinary begging for food; — in this latter case the implication of the context would be rejected and stress would be laid only upon the sense of the past-participial ending (‘having undergone Initiation’) As a matter of fact, what is here prescribed is applicable to that ‘begging for food’ which forms part of the Initiatory Rites, as also to that which is done for the purposes of livelihood. — (49)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 936); in Madanapārijāta (p. 32), which latter adds, the following notes: —

In the phrase ‘bhaikṣam charet’ the verb indicates begging, as is shown by the objective term ‘bhaikṣam’; it is in view of this that the expression to be used in the begging is — ‘bhikṣām dehi’ (‘give alms’); — and as the words have to be addressed with proper respect, the term ‘bhavat’ with the vocative ending (‘Madam’ or ‘Sir’) has to be added at the beginning, middle or end, according to the caste of the begging boy; — then, inasmuch as in the house, it is, as a rule, the women-folk that give alms, it follows that the feminine-(vocative) form of the term ‘bhavat’ should be used; — thus then the precise form of the expression comes to be this — (a) The Brāhamaṇa boy should say ‘bhavati bhikṣām dehi’, (b) the Kṣatriya, ‘bhikṣām bhavati dehi,’ and (c) the Vaiśya, ‘bhikṣām dehi bhavati’. There is no such hard and fast rule as that ‘alms should be begged from women only.’

Vīramitrodaya (Saṃskāra, p. 481) also quotes the verse, and supplies the formula as noted in Madanapārijāta; — Saṃskāramayūkha (p. 60) quotes it, and lays down the formula for the three castes as — (a) ‘bhavati bhikṣām dadātu’, (b) ‘bhikṣām bhavatī dadātu,’ and (c) ‘bhikṣām dadātu bhavati — Smṛticandrikā (Saṃskāra, p. 108), which mentions the formula as given in Madanapārijāta; — and also Vīramitrodaya (Vyāvahāra, p. 124).

 

Comparative notes by various authors:

Gautama-Dharmaṣūtra, 2.43. — ‘The term bhavat shall be used in the beginning, middle or end, respectively, according to the caste.’

Baudhāyana-Dharmasūtra, 1.2.17-18. — ‘In the formula used, the term bhavat should come in the beginning and the term bhikṣām in the middle. In begging, the Brāhmaṇa should use the term bhavat in the beginning; the Kṣatriya, in the middle; the Vaiśya, in the end.’

Āpastamba-Dharmaṣūtra, 1,3.28-30. — ‘The Brāhmaṇa should beg alms with words beginning with bhavat, the Kṣatriya with words having bhavat in the middle, and the Vaiśya with words having bhavat in the end.’

Vaśiṣṭha-Smṛti, 11.50. — ‘The Brāhmaṇa should beg alms with words beginning with bhavat, the Kṣatriya, with bhavat in the middle, and the Vaiśya, with bhavat in the end.’

Viṣṇu-Smrti, 27.25. — ‘Alms-begging is accompanied by the term bhavat in the beginning, in the middle and in the end.’

Yājñavalkya, 1.30. — ‘The alms-begging of the Brāhmaṇa, the Kṣattnya and the Vaiśya, should be accompanied by the term bhavat in the beginning, middle and end, respectively.’

Āśvalāyana-Gṛhyasūtra, 22.8. — ‘The formula used should be bhavat bhikṣām dadātu.’

Pāraskara-Gṛhyasūtra, 5.2.2-4). — ‘The Brāhmaṇa should beg alms with the term bhavat in the beginning; the Kṣatriya, with the term bhavat in the middle; the Vaiśya, with the term bhavat in the end.’

Śaunaka (Vīramitrodaya-Saṃskāra, p. 439). — ‘In begging from males, he should say bhikṣām bhavat dadātu, and in begging from females bhikṣām bhavatī dadātu.’

 

 

VERSE 2.50

Section XIII - Initiation (upanayana)

 

मातरं वा स्वसारं वा मातुर्वा भगिनीं निजाम् ।
भिक्षेत भिक्षां प्रथमं या चैनं नावमानयेत् ॥५०॥

mātaraṃ vā svasāraṃ vā māturvā bhaginīṃ nijām |
bhikṣeta bhikṣāṃ prathamaṃ yā cainaṃ nāvamānayet ||50||

 

First of all he should beg food of his mother, or of his sister, or of his mother’s own sister, or of such another lady as may not insult him. — (50)

 

Medhātithi’s commentary (manubhāṣya):

The words ‘mother,’ etc., have their meanings well known; — ‘own’ uterine.

‘As may not insult him’ — ‘insulting’ here means disregard; i.e., refusal — ‘I shall give nothing.’ Says the Gṛhya sūtra — ‘He should beg from such man or woman as may not refuse him.’

What is meant here by ‘first’ is the begging that is done by the boy during Initiation. In the course of the subsequent daily bogging, he should not fear refusal. — (50)

 

Explanatory notes by Ganganath Jha:

Burnell remarks that ‘this begging of alms is now obsolete But so far as the formality is concerned, it is still gone through at the close of the Upanayaṇa ceremony.

This verse is quoted in Aparārka (p. 59) as laying down the rule relating to that alms-begging which is done as part of the Upanayaṇa-ceremony.

It is quoted in Smṛtitittva (p. 936), which adds that these ladies are to be approached only if they happen to be on the spot, and the boy is not to go to their houses; — in Madanapārijāta (p. 34), which latter quotes it only with a view to explain that there is no inconsistency between this injunction and the later prohibition (2. 184) of begging from one’s relations; because the former refers to the begging as part of the Upanayana ceremony, whereas the prohibition applies to the usual begging of food during the entire period of studentship.

It is quoted in Saṃskāramayūkha (p. 61), which adds that this rule refers to the ‘alms-begging’ which forms part of the Upanayaṇa rite; — in Smṛticandrikā (Saṃskāra, p. 109), which adds the same note; — and in Saṃskāraratnamālā (p. 288), which has the same remarks, and notes that the first ‘vā’ is meant to be emphatic — ‘nija’ means uterine, — ‘avamāna’ means disregard, refusal to give alms.

Vīramitrodaya (Saṃskāra, p. 483) also explains that this refers to the first ‘begging’ (at the Upanayaṇa),

 

Comparative notes by various authors:

Āśvalāyana-Gṛhyasūtra, 1.22.7. — ‘First of all, he should beg alms from a man or woman who would not refuse him.’

Pāraskara-Gṛhyasūtra, 2.5.5-7. — ‘Three ladies who would not refuse should be begged from, — or six, or twelve, or numberless. Some people hold that the Mother should be the first.’

Gobhila-Gṛhyasūtra, 2.10.43. — ‘The Mother first of all, then two other sympathising ladies, or as many as may be near at hand.’

Āslvalāyana-Smṛti (Vīramitrodaya-Saṃskāra, p. 438). — ‘He should beg from such a lady or gentleman as would not refuse him.’

Śaunaka (Do.). — ‘For the purpose of cooking the Brahmaudana for the feeding of Brāhmaṇas, the Student should beg the materials from his relations, — such men and women as would not refuse him, — carrying a bowl in his hand and approaching each person severally; first of all, he should beg from his mother, then from such another lady as could not refuse him; then his father and such other relatives as may be present.’

Bhaviṣya-purāṇa (Aparārka, p. 60). — [Same as Manu, adding ‘She should throw into his begging vessel, gold, silver and gems.’]

 

 

VERSE 2.51

Section XIII - Initiation (upanayana)

 

समाहृत्य तु तद् भैक्षं यावदन्नममायया ।
निवेद्य गुरवेऽश्नीयादाचम्य प्राङ्मुखः शुचिः ॥५१॥

samāhṛtya tu tad bhaikṣaṃ yāvadannamamāyayā |
nivedya gurave'śnīyādācamya prāṅmukhaḥ śuciḥ ||51||

 

Having collected as much food as may be needed, and having offered it, without guile, to his Teacher, he should eat it, with his face to the east, after having sipped water and become pure. — (51)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘having collected’ shows that the food should be obtained from several ladies, and a large quantity should not be obtained from a single lady.

‘It’ — refers to that which has gone immediately before this, i.e., the food begged for ordinary eating, and not that which is done as part of the Initiation-rites, with which the context deals; specially as with regard to the latter all that the Gṛḥya-Sūtra prescribes is that the food should be ‘cooked,’ and nothing is said regarding ‘eating.’ Further, the injunction that ‘the boy should fast for the rest of the day’ shows that the boy undergoes the Initiatory rite after breakfast; so that the actual eating of the food cannot be part of that rite.

‘As much os way he needed’; — i.e., just as much food as may be necessary for the satisfaction of hunger; large quantities of food should not be begged.

‘Having offered it without guile to the Teacher;’ — i.e., he should not show the teacher only the inferior articles of food, hiding with these the superior ones, with the view that the Teacher would not take any thing out of the inferior articles. The ‘offering’ consists of presenting it to him, saying ‘this is what I have obtained.’

What the teacher does not take, ‘he should eat,’ after having been permitted by the teacher to do so.

“Why should not the offering be regarded merely as an act producing in the food some transcendental effect (and not as a real offering meant to be accepted by the teacher)?”

That it is not so is proved by historical evidence: says the revered Vyāsa in the story of Hṛtakūpa, where it is distinctly stated that the teacher actually took what was offered.

That the boy should eat only after being permitted to do so, is laid down in several Gṛhyasūtras.

‘With his face to the east, after having sipped tenter.’ — Some people have asserted that the facing of the east is meant to be connected with the sipping of water, — the two being in close proximity. But this is not right; as the rule regarding sipping — that it should be done with the face towards the east or north, — will come later on. Hence what is mentioned here is connected with the eating.

‘Pure.’ — This means that after rinsing the mouth he should avoid, during meals, such tilings as looking at the Cāṇḍāla going to unclean places, spitting and so forth. — (51)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 936); — in Parāśaramādhava (Ācāra, p. 454), which latter adds that in the event of the Teacher not being near at hand, the food is to be offered to the Teacher’s wife or son, or to his own companions, — in Aparārka (p. 60); — in Saṃskāramayūkha (p. 61), which explains ‘Amāyayā’ as that he should not conceal the better quality of food obtained - out of fear that the Teacher will take it for himself; — and in Smṛticandrikā (Saṃskāra, p. 113).

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 2.46-47. — ‘Having offered it to the Teacher, he should eat it when permitted; in the absence of the Teacher, he should offer it to his wife or to his son or to his own fellow-students.’

Gautama-Dharmasūtra (Parāśaramādhava, p. 454). — ‘Morning and evening, he shall eat food which is respected, never decried.’

Āpastamba-Dharmasutra, 1.3.31-35. — ‘Having collected it, he should describe it to the Teacher; he should eat it on being permitted by him; during the Teacher’s absence, he should offer it to the Teacher’s family; during the absence of these also, to other Vedic scholars; he should never beg alms for himself alone.’

Āpastamba-Dharmasūtra, 11.37.1. — ‘Food should be eaten, with face towards the East.’

Viṣṇu-Smṛti, 27.9. — ‘Alms should be begged from qualified persons, never from the Teacher’s family; the food obtained should be eaten only with his permission.’

Yājñavalkya, 1.31. — ‘Having done his duty to the Fires, he should eat his food silently, with the Teacher’s permission, after having sipped water.’

Āśvalāyana-Gṛhyasūtra, 1.22.9. — ‘he should offer it to the Teacher and then rest during the rest of the day.’

Pāraskara-Gṛhyasūtra, 2.5.8. — ‘He offers the alms obtained to the Teacher; and then he should rest (luring the rest of the day, with speech controlled, — ‘so say some.’

Gobhila-Gṛhyasūtra, 2.10.11. — ‘He offers the food to the Teacher.’

Baudhāyana-Dharmasūtra, 20.2.0. — ‘He should cat seated, facing the East, not disparaging the food, with attention fixed thereon; and after having eaten, he should touch fire.’

Yama (Parāśaramādhava, p. 154). — ‘He shall never receive more alms than what would suffice for his meal; if he accepts more, he incurs the sin of theft.’

Gautama-Smṛti (Do.). — ‘In the absence of the Teacher, he shall seek the permission (to eat) from the Teacher’s wife, or his son, or from his fellow-students.’

Hārīta (Do.). — ‘The alms, examined, taken round the fire, shown to the sun, offered to the Teacher and granted by him, is called Nectar.’

 

 

VERSE 2.52

Section XIII - Initiation (upanayana)

 

आयुष्यं प्राङ्मुखो भुङ्क्ते यशस्यं दक्षिणामुखः ।
श्रियं प्रत्यङ्मुखो भुङ्क्ते ऋतं भुङ्क्ते ह्युदङ्मुखः ॥५२॥

āyuṣyaṃ prāṅmukho bhuṅkte yaśasyaṃ dakṣiṇāmukhaḥ |
śriyaṃ pratyaṅmukho bhuṅkte ṛtaṃ bhuṅkte hyudaṅmukhaḥ ||52||

 

Eating with face to the East, he does what is conducive to longevity; eating with face to the South, he does what brings fame; eating with face to the West, he does what brings prosperity; and eating with face to the North, he does what leads to the true. — (52)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has laid down the general compulsory rule that the boy should eat with his face to the East, if he is not desirous of obtaining any peculiar results; the text is now laying down rules that are to he observed with a view to definite desired ends.

‘Āyuṣyam’ — is that which is conducive to longevity; and ‘Eating with face to the East, one does what is coducive to longevity’; when the act of eating brings about longevity, it becomes ‘what is conducive to longevity ’; hence the meaning of the text comes to be that ‘if one desires longevity he should eat with face to the East.’ Thus then, in regard to the East, there are two directions — (a) one should always face the East, and (b) one should do so when desiring the said result; so that if a man desires longevity, he should actually have the particular desire in view; while in the other case he should not have any result in view. Just as, though the Agnihotra is an obligatory act, yet if the man seeks heaven, he repeats its performance; and by so doing he fulfills, incidentally, the obligations of the obligatory act also.

Similarly, when one desires fame, he should face the South. All these rules are optional.

Desiring prosperity — the form ‘Shriyan’ is formed by adding the present participial affix ‘śatṛ’ to the nominal root formed by adding ‘kyach’ to the noun ‘Śrī’ Or, we may read ‘Shriyam’ ending in m; the meaning being ‘what brings prosperity’; just as in the case of the other words ‘āyuṣyam’ and the rest.

The use of the root ‘bhuj,’ ‘to eat,’ in its literal sense becomes possible, if we regard ‘longevity’ and the rest as ‘parts of a living being’; the same explanation applies also to the next clause ‘he eats what leads to the true.’ The meaning thus comes to be that by‘eating with face to the west one obtains prosperity.’ In this case we have the reading ‘shriyam’ with the Accusative ending. Or, lastly we may read ‘shriyai,’ with the Dative ending, which would signify ‘for the sake of.’

‘True’ means the real, and also the sacrifice or Heaven as resulting from the sacrifice. The sense thus is that ‘if one seeks heaven he should eat with his face to the north.’

Even though we have no Injunctive affixes in the text, yet, since what is here laid down is something not already known, we take it in the sense of an Injunction, construing the Present Tense as denoting the fifth sense (Leṭ, which is expressive of Injunction).

Thus then we have this rule of eating with face to various directions, with a view to various results.

Eating with face towards the subsidiary quarters, which one might be tempted to do undor special circumstances, becomes precluded by the obligatory injunction of facing the East, etc.

The optional rule here laid down does not apply only to the Religious Student, nor to the eating of the food obtained by begging only, but to all forms of eating by the Householder and others also. That this is so is indicated by the fact that though in the context we have all along had the Injunctive word ‘aśnīyāt,’ the present veise has used a different word ‘bhuṅkte’; if the author had definitely intended the present rule to be as restricted in its application as those that have gone before, then he would have used the same word. When however we find him making use of a different word, ‘bhuṅkte,’ we begin to doubt if what is meant is the particular eating that has been hitherto dealt with in the context, or a general rule applying to all forms of eating; and the conclusion we are led to is that since a different verb is used, it must stand for a different act, and it cannot be regarded as the same that has been dealt with in the context.

Some people have argued that — “in as much as there is no injunctive word in the present verse, it must be taken as merely laudatory of what has gone before.” But this has been answered in Mīmāmsā Sūtra 3.5.21 (where it is asserted that sentences laying down things not already known are to be regarded as injunctive). Nor do we find in the present verse any such signs as would indicate that it is meant to be subsidiary to the preceding verse, — such signs, for instance, as the fact of its being wanting in some integral part, if taken apart from the preceding verse, and so forth. It is possible to take the present verse as referring primarily to the Religious Student only, and then to extend its application to all men, — on the ground that what is laid down here is not incompatible with the duties of ordinary men, as the other duties of the Student are; but in that case the results mentioned in the verse would not accrue to the ordinary man. For authoritative writers 8.1.23, etc.) do not admit of activity by mere implied extension, in cases of special results following from the use of special accessory details. If such rules as ‘for one desiring cattle, water should be fetched in the milking vessel,’ ‘the sacrificial post should be of khadira wood when the man desires vigour,’ are never applied to the case of those sacrifices which are mere ectypes (of the Darśapūrṇāmāsa); and to which the details of the Darśapūrṇamāsa become applicable by extended implication only. — (52)

 

Explanatory notes by Ganganath Jha:

‘Ṛtam’ — ‘Sacrifice,’ an alternative explanation suggested by, Medhātithi and Nārāyaṇa.

Medhātithi (p. 97, L 20) — ‘Guṇakāmanāyām hi, &c.’

This refers to Mīmāṃsā Sūtra 8.1.23 et. seq.

This verse is quoted in Smṛtitattva, (p. 431) which remarks that the verse refers to cases where a man makes it a rule to always face a certain quarter at meals; — in Madanapārijāta (p. 34), which adḍs the explanation that śrīyam and ṛtam are objects to the present-participle ‘icchan’; — in Parāśaramādhava (Ācāra, p. 377) in support of the view that facing of the south is not interdicted when done with a special motive. Vidhānapārijāta (p. 324) also quotes the verse to show that what is here prescribed applies to that eating which is done with a special motive, the general law being that one should face the east or the north . — Aparārka (p. 61) quotes the verse, and adds the following explanation: — If one eats facing the east, it brings longevity; one who eats facing the west, obtains prosperity; who eats facing the north attains the truth or the sacrifice. — Thus eating with face towards the east is both compulsory (as laid down in the preceding verse) and optional, done with a special motive (as mentioned here).

It is quoted in Smṛticandrikā (Saṃskāra, p. 115), which adds the following notes — ‘āyuṣyam’ means ‘conducive to longevity’ — one who eats facing the east obtains longevity; hence the meaning of the text is that ‘one who seeks for longevity should eat facing the east similarly ‘yaśasyam’ meaning conducive to fame’; — eating with face towards the south brings fame — and similarly one who seeks for wealth should eat facing the west, and he who seeks for ‘ṛtā’ i. e., the truth, should eat facing the north.

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 67. 40-41. — ‘He should eat facing the East, or the South.’

Gobhila (Parāśaramādhava, p. 377). — ‘The Brāhmaṇa may sit facing the East, or the West; in connection with rites in honour of Pitṛs, even the North; but the South he must avoid.’

Mahābhārata (Āśvamedhika-Parāśaramādhava, p. 395). — ‘One shall eat with wet feet, facing the East, with his two feet or even one touching the ground.’

Old Saying (Parāśaramādhava, p. 309). — ‘One should eat seated, facing the east, with speech in check, not decrying the food, nor scattering it, with mind concentrated on it: and having eaten he shall sip water.’

 

 

VERSE 2.53

Section XIII - Initiation (upanayana)

 

उपस्पृश्य द्विजो नित्यमन्नमद्यात् समाहितः ।
भुक्त्वा चौपस्पृशेत् सम्यगद्भिः खानि च संस्पृशेत् ॥५३॥

upaspṛśya dvijo nityamannamadyāt samāhitaḥ |
bhuktvā caupaspṛśet samyagadbhiḥ khāni ca saṃspṛśet ||53||

 

The twice-b orn person should always take his food after having sipped water and with due care; and after having eaten, he should rinse his mouth in the proper manner and touch the cavities with water. — (53).

 

Medhātithi’s commentary (manubhāṣya):

The terms ‘ācamana’ and ‘spṛśa’ are both synonymous, being found from the usage of cultured people, to signify a particular purificatory act. Though it is true that the root ‘spraha’ has been declared to have an entirely different meaning, and the root ‘chamu’ (from which the word ‘ācamana’ is derived) also has been declared to signify the act of eating, — yet in actual usage we find that with the particular prefixes (upa and a) they are used in a much restricted sense and hence they are taken in that (restricted) sense. So that even though the root ‘spṛśa’ has a very wide denotation, yet actual usage limits its significance. Just as though the root ‘gaḍi’ denotes only part of the face in general, the term ‘gaṇḍa’ (derived from that root) is used in the sense of tho cheek only, and it is not applied to any other part of the face; similarly the root ‘puṣya’ means to accomplish, and the term ‘puṣya’ is laid down as denoting ‘lunar, asterism’ in general, yet in actual usage this latter name is applied to one particular asterism only; similarly again the term ‘dhāyyā,’ though laid down as denoting Sāmidhenī verses in general, is actually used in the sense of the Āvāpikī verses only. Hence the term ‘upaspṛśya’ means exactly what is meant by the term ‘ācamya’; the actual injunction of this act of ‘ācamana’ will come later on. Further, the text itself uses the two terms as synonymous. Having laid down that ‘one should always do the shana,’ it goes on to say that ‘this ācamana’ should be done three times; from which it is clear that the two are synonymous.

Though the ‘rinsing of the mouth’ has been already laid down in verse 51, it is re-iterated again in order to show immediate sequence: the sense being that one should take his food immediately after rinsing the mouth, and no other act should be allowed to intervene. To this end we have the following declaration of the revered Vyāsa — ‘Oh Lord, I shall remain with such people as take their food with five limbs wet’ — this being said by Lakṣmī; the ‘five limbs’ being the two hands, two feet, and month; and these five limbs can remain wet only if one cats immediately after the rinsing, and not if he makes any delay. Manu himself (in 4. 76) is going to declare under the duties of the Snātaka that ‘one should eat with the feet still wet’; and there we shall show that there is no needless repetition involved in this.

‘Always’ — this is added in order to guard against the notion that being laid down in the section dealing with the duties of the Student, what is here prescribed applies to him alone; and to show directly that it is applicable to every form of eating.

Some people have held that “the term ‘twice-born’ is what is meant to make the rule applicable to every form of eating, and that the ‘always’ is merely an explanatory reiteration.”

This however is not right. This would have been the right explanation if the qualification ‘twice-bom’ were incompatible with the ‘student’; as a matter of fact however, the said qualification is quite applicable to the ‘student’; hence with the exception of the adverb ‘always’ there is nothing to indicate that what is here laid down is to be taken as going beyond the particular context.

‘With due care’ — That is, with due consideration of the character of the food and his own (digestive) powers. If one happens to be absent-minded, he cannot avoid indigestible, unwholesome and hot food, nor can he eat only what is wholesome.

‘After having eaten, he should rinse his mouth.’ — That one should remove all traces of oil, etc., has been already prescribed under the section on the ‘purification of substances.’ The ‘rinsing’ here laid down is that which one should do after he has eaten and removed all traces of oil, etc.

In this connection some people have held that one ‘rinsing’ (after food) having been already laid down under 5. 145 — where it is said that ‘one should rinse his mouth after sleep, sneezing and eating,’ — the present verse must be taken as laying down a second ‘rinsing,’ for the purposes of some transcendental result; there being such a general injunction as ‘having rinsed the mouth, one should rinse it again.’

This aspect of the question wo shall deal with under Discourse V.

In the proper manner. — This only re-iterates the injunctive and obligatory character of the ‘rinsing’; the meaning being that ‘one should follow all the details of the Binning that have been enjoined.’

‘Should touch with water the cavities.’ — ‘Cavities,’ i.e., holes in the head.

Objection. — “It is already laid down (under 60, below) that the cavities should be touched with water.”

To this some people reply that the repetition in the present verse is meant to exclude the ‘self’ and ‘head’ (which also are mentioned along with the ‘cavities’ in 60), — and refers to that rinsing which one already clean, does, without reference to Eating. So that according to those who take the first ‘rinsing’ after food as meant for cleanliness and a second ‘rinsing’ as lending to some transcendental result, — the ‘self’ and the ‘head’ are not ‘touched with water’ for the purpose of bringing about a transcendental result; this being done for cleanliness alone. The actual process of this rinsing is going to he laid down in 61. — ‘One desirous of cleanliness should always rinse his mouth, etc., etc..’

Another answer to the aforesaid objection is that what the present verse does is to emphasise the fact of the being recognised as something enjoined by the scriptures; the sense being that this Rinsing is the scriptural (prescribed in the Śāstras), not the ordinary, rinsing. As a matter of fact, where a certain primary act has become known as equipped with particular accessories, wherever that same act is subsequently spoken of, it is at once recognised as being the same as the former one. So that when the text says ‘should rinse his mouth,’ it does not mean merely that a certain substance (water) should be sipped; what is meant is to indicate all that has been prescribed in connection with the scriptural purification, along with its appurtenent details. — (53)

 

Explanatory notes by Ganganath Jha:

‘Nityam’ — This, according to Govindarāja, Kullūka Nārāyaṇa and Nandana indicates that the rule refers to householders also. The first half of this verse has been quoted in Madanapārijāta (p. 327).

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 6 7.34-35. — ‘One should cat without wetted feet or without wetted hands and mouth.’

Gautama-Dharmasūtṛa, 2.48. — ‘While eating, he should keep silent, contented, not greedy; and he should keep water near him; he should touch with water the holes in his head.’

Baudhāyana-Dhaṛmasūtra, 5.1.21 — ‘Touching the holes with water, as also the feet, the head and the left hand.’

Āpastamba-Dhaṛmasūtra, 1.5.2. — ‘When going to eat, he should carefully sip water twice, he should wash twice and should sprinkle water once.’

Old Saying (Parāśaramādhava, p. 309). — (See above.) Gadya-Vyāsa (Do., p. 378). — ‘Being satisfied, he shall sip water with the mantra amṛtāpidhānamasi, and moving a little from that place, he shall rinse his mouth in due form.’

Devala (Do.). — ‘Having eaten, he shall wash in due form, cleansing his mouth and hands by rubbing with clay.’

Gautama (Do.). — ‘At the time of rinsing the mouth, if one rubs it with the forefinger, the foolish man falls into the Raurava hell.’

Vyāsa (Do.). ‘Having washed his hand, if the foolish man drinks the water taken for rinsing, he degrades the gods, his Pitṛs and himself. One shall not wash in the vessel in which he has eaten. If he rises from his seat before, washing, he should bathe at once.’

Kūrmapurāṇa (Parāśaramādhava, p. 379). — ‘He shall sip water with the mantra amṛtāpidhānamasi; having sipped water, he shall wash again, with the mantra Āyaṅgauḥ, etc

Āpastamba (Aparārka, p. 61). — ‘Having eaten, he shall wash himself, without any mantra.’

 

 

VERSE 2.54

Section XIII - Initiation (upanayana)

 

पूजयेदशनं नित्यमद्याच्चैतदकुत्सयन् ।
दृष्ट्वा हृष्येत् प्रसीदेच्च प्रतिनन्देच्च सर्वशः ॥५४॥

pūjayedaśanaṃ nityamadyāccaitadakutsayan |
dṛṣṭvā hṛṣyet prasīdecca pratinandecca sarvaśaḥ ||54||

 

He should always worship the food and eat it without disparaging it. When he sees it, he should rejoice and peel gratified, and he should always welcome it. — (54)

 

Medhātithi’s commentary (manubhāṣya):

‘Food,’ ‘aśana,’ is that which in eaten (aśyate), i.e., rice and curry, etc. When the food is brought to him, he should look upon it as a ‘deity’; i.e., he should have the notion — ‘this food is my highest deity.’ (a) The ‘worshipping’ of the food may consist in regarding it as the source of the birth and sustenance of all living beings; or (b) in regarding it as the means of sustaining his life; as the food is declared to have said — ‘he worships me regarding me as sustaining life’; or (c) in receiving it with due obeisance, etc.

‘He should eat it without disparaging it’; — even when there is any such source of disparagement as that the article of food is of bad quality, or it is badly cooked, he should not disparage the food; i.e., he should not make any such disparaging remarks as — ‘this is most disagreeable,’ or ‘it is likely to upset the constitution of the body,’ and so forth. If the food happens to be really defective, he should simply not eat it; he should not eat it and yet find fault with it.

‘When he sees it he should rejoice’ — he should rejoice just as he does when, on returning from a long journey, he sees his wife and children.

‘He should feel gratified’; — on seeing the food, he should remove from his mind even such displeasure as may have been produced by other causes.

‘He should welcome it’; — ‘welcoming’ consists in acclaiming it as a boon; i.e., receiving it with honour, with such words as ‘may we have such food every day.’

‘Always,’ — at all times. The affix ‘shas’ has the sense of the locative, according to the option involved in Pāṇini’s Sūtra 5. 4. 42. Or, wo may read ‘sarvadā’ (instead of ‘sarvaśaḥ’). — (54)

 

Explanatory notes by Ganganath Jha:

Pūjayet — ‘worship’ (Govindarāja and Nandana.); — Medhātithi offers three explanations as to what is meant by the ‘worshipping’ of the food; — Nārāyaṇa takes it to mean that the mantra (Ṛgveda, 1. 187.1) should be addressed to it Kullūka explains it as ‘meditate upon it as sustaining life’.

The first half of the verse is quoted in Vīramitrodaya (Saṃskāra, p. 486), which explains the pūjā as standing for saṃskāra, due preparation.

It is quoted again in the Āhnika section of the same work (p. 382), where, on the strength of a statement attributed to Śātātapa, it is said that in the case of food, ‘worship’ can only mean being regarded as a deity.

The verse is quoted in Smṛtitattva (p. 433); — and in Smṛticandrikā (Saṃskāra, p. 114), which explains ‘akutsayan’ as ‘not decrying.’

 

Comparative notes by various authors:

(Verses 54-55)

Yājñavalkya, 1. 31, — ‘He should eat the food, paying due regard to it, not disparaging it.’

Baudhāyana-Dharmasūtra, 7.2.6. — ‘Seated — he should eat the food, intent upon it, without disparaging the food, — not dropping it on the ground; and after earing, he should touch Fire.’

Viṣṇu-Smṛti, 67.42-43. — ‘Worshipping the food, with contented mind, wearing a garland and smeared with sandal-paste.’

Baudhāyana Dhaṛmasūtra, 2.3.17. — ‘[Says the Food] — He who eats me, without having made offerings to Pitṛs, Gods, dependents, guests, and to friends, eats, through foolishness, poison; and him I devour; for him I am death. He who eats me after having made the Agnihotra-ofFerings and the Vaiśvadeva-offerings and after having honoured the guests and fed his dependents, — content, clean and reverential, — for him I am nectar; he alone eats me.’

Gautama-Dharmasūtra, 7.59. — ‘He should eat the food, morning and evening, after worshipping it, never disparaging it.’

Old Saying (Parāśaramādhava, p. 369). — (See under 52.)

Vṛddha-Manu (Parāśaramādhava, p. 375). — ‘One should always welcome the food while eating it, with speech in check, not decrying the food.’

Mahābhārata (Āśvamedhika-Parāśaramādhava, p. 375). — ‘Silent or not silent, he shall be happy while eating.’

 

 

VERSE 2.55

Section XIII - Initiation (upanayana)

 

पूजितं ह्यशनं नित्यं बलमूर्जं च यच्छति ।
अपूजितं तु तद् भुक्तमुभयं नाशयेदिदम् ॥५५॥

pūjitaṃ hyaśanaṃ nityaṃ balamūrjaṃ ca yacchati |
apūjitaṃ tu tad bhuktamubhayaṃ nāśayedidam ||55||

 

The food, thus worshipped always, imparts strength and vigour. If eaten irreverently, it destroys them both. — (55)

 

Medhātithi’s commentary (manubhāṣya):

This verse is only a valedictory supplement to the rule prescribed above; it is not meant to be the statement of definite results following from the observance of that rule. If it were a statement of results, the rule would be an optional one, to be observed only by one who desires vigour and strength; and in that case the adverb ‘always’ would have no sense; — as we have in the expression, ‘the food thus worshipped always, etc.’ For these reasons the rule must be regarded as one to be observed throughout life, just like the rule regarding facing of the east (during meal).

‘If eaten irreverently, it destroys them both,’ — i.e., vigour and strength.

‘Strength' is power, the capacity to lift heavy loads without effort; while ‘vigour’stands for energy and courage, which is found even in a man who is lean (and physically weak): while great strength is found only when the limbs of the body are well-developed and the body has attained huge proportions. — (55)

 

Explanatory notes by Ganganath Jha:

‘Ūrjam’. — Buhler wrongly attributes to Medhātithi the explanation that this term means ‘bulk’. The term used by him is ‘mahāprāṇatā’ which means the same as ‘vīrya’ of Kullūka or ‘energy’ of Nārāyaṇa. Buhler has apparently been misled by a mis-reading of Medhātithi.

This verse has been quoted in Vīramitrodaya (Saṃskāra, p. 486) where ‘pūjitam’ has been explained as, ‘samskṛtam’, well prepared; — and in Smṛticandrikā (Saṃskāra, p. 114).

 

Comparative notes by various authors:

(Verses 54-55)

See Comparative notes for Verse 2.54.

 

 

VERSE 2.56

Section XIII - Initiation (upanayana)

 

नौच्छिष्टं कस्य चिद् दद्यान्नाद्यादेतत् तथाऽन्तरा ।
न चैवात्यशनं कुर्यान्न चौच्छिष्टः क्व चिद् व्रजेत् ॥५६॥

naucchiṣṭaṃ kasya cid dadyānnādyādetat tathā'ntarā |
na caivātyaśanaṃ kuryānna caucchiṣṭaḥ kva cid vrajet ||56||

 

He should not give the leavings to anyone; he should not eat in between; he should not do over-rating; and he should not go any-where with particles of food still on him. — (56)

 

Medhātithi’s commentary (manubhāṣya):

The food left in the dish, and become unclean by being touched with the mouth, is called, ‘leavings;’ — this he should not give to anyone. The prohibition of the offering of the leavings to any person being already contained in this verse, the necessity of having another prohibition of the offering of the leavings to a Śūdra, — which we find among the duties of the Snātakā — we shall explain in connection with the latter verse.

[In ‘Kasyachit’ ] though the dative would he the proper form, we have the genitive in the sense of ‘relationship in general,’ and what is meant is that it should not he given even to such living beings as do not understand that a certain thing has been given to them, — such for instance, as dogs and cats; in this latter case the act cannot he called ‘giving’ in its full sense; as it involves merely the cessation of the proprietary right of the giver, it does not involve the producing of the proprietary right in the recipient [that is why the Dative could not he rightly used: which could imply both giving and receiving ].

The phrase ‘antarā’ ‘in between,’ means middle. There are two times for meals — morning and evening; and one should not eat between these meals. Or, ‘in between’ may mean interruption; in which case the meaning is that ‘having once left off the act of eating, and having interrupted it by some other act, he should not eat the food left in the same dish.’ Another Smṛti lays down the specific rule that ‘one should avoid eating interrupted by rising and washing.’ Others again have explained the phrase ‘antarā,’ as meaning disconnection. The Śruti having declared that ‘holding the dish with the left hand, ono should take up the morsel with the right hand and then offer it to the Life-breath in the mouth,’ — it is the omitting of the act of holding the dish with the left hand which is meant by the terms ‘antarā.’

‘Be should not do over-eating’; — one should not eat too much. This is with a view to health, and hence implies the avoidance of such food as may he either indigestible or unsuitable. Specially because the advice is based upon reason. What is ‘over-eating’ can he learnt from the Āyurveda. The sense is that one should eat only that quantity of food which does not quite fill the stomach, and which is properly digested. Of the three parts into which the stomach is divided, one part itself should bo filled with food, half a part with water, and one part should be left for the action of the bodily humours. If this is not done, health suffers.

‘He should not go anywhere teiṭh particles of food still on him’; — on the very spot where he has oaten, he should clean himself by removing all particles of food from the body and then wash his hands and mouth without rising from the place. — (50)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Vīramitrodaya (Saṃskāra, p. 458); in Aparārka (p. 61) in support of the view that by avoiding over-eating one acquires health; — and in Smṛticandrikā (Saṃskāra, p. 115).

 

Comparative notes by various authors:

(Verse 56-57)

Āpastamba-Dharmasūtra, 1. 3. 36-10. — ‘After eating, he should himself wash the dish; he should not have any leavings; what he does not eat he should bury in the ground; or throw into water.’

Āpastamba, 1. 11- 31. 22. — ‘He should not offer the leavings to a non-Brāhmaṇa.’

Āpastamba, 2.1.2-3. — ‘He should eat twice; never satiating himself with food.’

Vaśiṣṭha (Aparārka, p. 61). — ‘For the ascetic the meal should consist of eight morsels, for the hermit, sixteen, for the householder, thirty-two; for the student, there is no limit.’

[This same text is quoted in Parāśaramādhava, p. 370, as from Āpastamba. ]

Vaśiṣṭha, 17. — ‘Leavings or no leavings, — he should not offer the food to a Śūdra.’

Vaśiṣṭha, 11.17. — ‘Leavings, except those of the Teacher, should never be eaten; nor one’s own leavings.’

Āpastamba-Dharmasūtra, 2. 7. 17. 12. — ‘He should not. offer the leavings to any one who does not possess the necessary qualifications.’

Viṣṇu-Smṛti, 67. 36. — ‘One should not eat clarified butter, with mouth unclean.’

Baudhāyana-Dharmasūtra, 1. 2. 37. — ‘Leavings should he avoided.’

Saṃvarta (Aparārka, p. 61). — ‘Eating in the morning and in the evening has been prescribed for men, by the gods; one shall not eat in between these two meals; this practice is equal to the Agnihotra.’

Mahābhārata. (Aśvamedhika-Parāśaramādhava, p. 370). — ‘One should never overeat himself, nor eat too little.’

Pulastya (Do.). One shall never eat all that is served to him, except curd, butter, fruits, milk, honey, and sattu.’

Brahmapurāṇa (Do., p. 372). — ‘He shall not leave food needlessly; he shall not go anywhere with particles of food still on him.’

Gautama-Dharmasūtra, 2.47. — ‘[He should eat] contentedly. not greedily.’

Gautama-Dharmasūtra (Parāśaramādhava, p. 371). — ‘Morning and evening, he shall eat food, which has been worshipped, without decrying it.’

 

 

VERSE 2.57

Section XIII - Initiation (upanayana)

 

अनारोग्यमनायुष्यमस्वर्ग्यं चातिभोजनम् ।
अपुण्यं लोकविद्विष्टं तस्मात् तत् परिवर्जयेत् ॥५७॥

anārogyamanāyuṣyamasvargyaṃ cātibhojanam |
apuṇyaṃ lokavidviṣṭaṃ tasmāt tat parivarjayet ||57||

 

Over-eating destroys health, cuts off life and bars heaven; it is unrighteous and detested by people; for these reasons one should avoid it. — (57)

 

Medhātithi’s commentary (manubhāṣya):

The present verse proceeds to show that the prohibition of over-eating is based upon ordinary worldly considerations.

‘Destroys health,’ — is productive of such diseases as fever, pain in the stomach and so forth.

‘Cuts off life,’ — destroys life, bringing on such diseases as cholera and the like.

‘Bars heaven,’ — because implying the neglect of one’s body, it involves the transgressing of such scriptural injunctions as ‘one should guard himself against all things.’ The ‘barring of heaven’ means going to hell.

‘Unrighteous’ — productive of misfortune.

‘Detested by people’; — the man who eats too much is always looked down upon as a ‘glutton.’

For these reasons one ‘should avoid,’ — i.e., not do — over-eating. — (57)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 488); in Aparārka (p. 156); — and in Smṛticandrikā (Saṃskāra, p. 115).

 

Comparative notes by various authors:

(Verse 56-57)

See Comparative notes for Verse 2.56.

 

 

VERSE 2.58

Section XIII - Initiation (upanayana)

 

ब्राह्मेण विप्रस्तीर्थेन नित्यकालमुपस्पृशेत् ।
कायत्रैदशिकाभ्यां वा न पित्र्येण कदा चन ॥५८॥

brāhmeṇa viprastīrthena nityakālamupaspṛśet |
kāyatraidaśikābhyāṃ vā na pitryeṇa kadā cana ||58||

 

Every time, the Brāhmana should sip water, either though the receptacle dedicated to Brahmā, or through that dedicated to Prajāpati, or through that dedicated to the ‘Thrice-ten’ (Gods); but never through that dedicated to the Pitṛs. — (58)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘tīrtha,’ ‘Receptacle,’ means a clean vessel containing water; ‘tīrtha’ (literally) is that which exists for the purpose of saving people, i.e., freeing them from their sins. In some places ‘tīrtha’ is explained as ‘that by which people descend into water.’ In the present context however it stands for that part of the palm of the hand which contains water; and we must take the word ‘tīrtha’ as applied to the hand, with a view to eulogise it, only figuratively; for water does not remain in the hand always (and as such it cannot be called tīrtha in its literal sense).

Through the said receptacle, he should sip water.

‘Dedicated to Brahmā’; — this also is a figurative eulogy. The term means ‘that of which Brahmā is the deity’; and certainly the said ‘Receptacle,’ not being of the nature of a ‘sacrifice,’ or of a ‘Mantra,’ could not be said to be ‘dedicated to a deity.’ The special nominal affix in the word ‘brāhma,’ which denotes ‘dedication to a deity,’ may however be justified on the assumption that the said receptacle resembles a ‘sacrifice’ in certain characteristics, such as being the means of sanctification and so forth.

‘Every time’ — i.e., for the purposes of cleanliness, as also as part of religious performances.

‘Kāya’ — ‘Ka’ stands for Prajāpati: hence ‘kāya’ is that which is dedicated to Prajāpati.

Similarly that which is dedicated to the ‘thrice-ten’ — i.e., the Gods — is called the ‘traidaśikam.’ The word ‘traidaśikam’ is derived from ‘tridaśa’ with the deifìc affix ‘aṇ,’ and then the reflexive ‘ka.’ And the deific character in this case also is of the same kind as before (in the term ‘brāhma’).

Through these receptacles one should sip water. The mention of the Brāhmaṇa (Vipra) is not meant to be significant here. For special rules for the Kṣatriya, etc., are going to be added later on (in verse 62, et seq.); and unless we had a general rule, there could he no room for specifications [and it is the present verse alone that could be taken as formulating that general rule, and hence it could not be taken as restricted to. the Brāhmaṇa only.]

‘Not through that dedicated to the Pitṛs’ — i.e., never through that of which the Pitṛs are the deity; even in cases where the aforesaid parts of the hand are disabled by the presence of boils and pimples.

Objection. — “The mere fact of what is sacred to Pitṛs not having been enjoined makes it impossible to be used (why should the negation be re-iterated)?”

Answer. — There is one danger in that: The next verse supplies the description of ‘the receptacle dedicated to Pitṛs’; while there is no use for it laid down in the present context; so that when one would proceed to seek for the use to which this particular receptacle could lie put, he might form the idea that it is to be used in connection with the act (of sipping water) that forms the subject-matter of the context. When, h owever, wc have the direct prohibition (of this receptacle, in connection with water-sipping), we gather the use for it from its very name, and conclude that the offering of water and such other rites for the Pitṛs are to be performed with ‘the receptacle dedicated to Pitṛs.’ In this manner the eulogy also becomes consistent. The ‘receptacles’ dedicated to Brahmā and the rest being directly enjoined as those to be used, people might be led into the mistake that in the absence of these the other may be used; hence with a view to prevent this it was only right to mention the Pitrya-tīrtha also (as that which should never be used). — (58)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 76), where it is noted that according to Hemādri, the term ‘vipra’ stands for all the three twice-born castes, on the ground that Yājñavalkya’s text bearing on the subject uses the generic term ‘dvija — but this view is controverted on the ground that it is more reasonable to take, on the strength of Manu’s use of the particular term ‘vipra,’ the term ‘dvija’ of Yājñavalkya’s text as standing for the Brāhmaṇa only, rather than the other way about; as in this there is no stretching of the term ‘dvija’ which is often used for the Brāhmaṇa only; while in the other case the natural meaning of the term ‘vipra’ is unduly extended to other than Brāhmaṇas. The writer goes on to quote Medhātithi’s words (p. 100, 11.20-21) — “The mention of the Vipra is not meant to be significant here. For special rules for the Kṣatriya etc., are going to be added later on (in verse 62, et seq), and unless we had a general rule there could be no room for specifications; [and it is the present verse alone that could be taken as formulating that general rule, and hence it could not be taken as restricted to the Brāhmaṇa only.”] (Translation pp. 306-307); — and traverses this argument, on the ground that the present text is not injunctive of Ācamana, and hence the special rule that follows in verse 62 regarding ācamana can have no bearing upon this verse; the real injunction of Ācamana is contained in verse 61. Verse 58, therefore, it is concluded, must be taken only as enjoining a particular ‘tīrtha’ for the Brāhmaṇa.

Proceeding with the explanation of the verse, Vīramitrodaya adds — ‘nityakālam’ meaning always; so that whenever ācamana has got to be done, it should be done by the Brāhmaṇa by anyone of the thfee methods herein described; and it adds that such is the ‘svarasa,’ ‘inclination,’ of Medhātithi also, which clearly refers to Medhātithi, p. 100, 1. 22. It goes on to point out, however, that the view of many Digests is that as far as possible the Brāhmatīrtha should be used., — such being the implication of the qualification ‘nityakālam,’ which is more nearly related to the first option; and the other alternatives are to be taken up only when the Brahma tīrtha is disabled. — ‘Kāya’ means ‘dedicated to Prajāpati,’ and ‘Traidaśika,’ ‘dedicated to the gods.’

It goes on to add that, though there was no possibility for the ‘Pitrya tīrtha’ to be employed, — it not being mentioned among those sanctioned, — yet it has been specially interdicted with a view to indicate that the Pitryatīrtha is never to be used, not even when every one of the three tīrthas permitted is impossible, through pimples and sores: so that in such emergencies, the tīrtha to be employed would be the Āgneya and others.

This verse is quoted in Nityāchārapradīpa (p. 64 and p. 253), which notes that ‘Kāyatraidaśikabhyām’ is the secondary alternative mentioned in view of the contingency of there being a wound or some incapacity in the ‘Brāhmatīrtha; — in Śuddhikaumudī (p. 339), which has the following note — ‘Kāya’ is Prājāpatya; ‘Traidaśika’ is Daiva; ‘nityakālam’ indicates that the second and third alternatives are to be resorted to only in the event of the using of the first being impossible; — in Ācāramayūkha (p. 20), which explains traidaśikam’ as daivam; — in Smṛtisāroddhāra (p. 311), which connects the negative particle ‘na’ with the whole of the second line, and explains ‘brāhma’ as the base of the aṅguṣṭha, ‘kāya’ as prājāpatya, the base of the little finger, ‘traidaśika’ as daiva, the tip of the fingers, and ‘pitrya’ the base of the index finger; — and in Vīramitrodaya (Paribhāṣā. p. 77), which quotes ‘Medhātithis’ explanation of the derivation of the term ‘traidaśikam’.

 

Comparative notes by various authors:

(Verses 58-59)

Vaśiṣṭha-Sṃṛti, 3. 29. — ‘The line beyond the base of the thumb is the Brāhma-tīrtha; through that one should sip water thrice and then wash with water.’

Viṣṇu-Sṃṛti, 62. 6. — ‘He should sip water through the Brahma-tīrtha.’

Yajñavalkya, 1.18. — ‘With hands between his knees, seated on a pure spot, facing the north or the east, the twice-born should sip water.’

Baudhāyana-Dharmasūtra, 1. 5. 11. — ‘One should sip water through the Brāhma-tīrtha.’

Baudhāyana-Dharmasūtra, 5. 1. 12-13. — ‘The base of the thumb is the Brāhma-tīrtha; the tip of the thumb is the Pitrya-tīrtha; the tips of the fingers, the Daiva-tīrtha; the base of the fingers, the Ārṣa-tīrtha; the Pitrya-tīrtha is also that between the thumb and the forefinger.’

Viṣṇu-Smṛti, 62.1-4. — ‘For the twice born, the base of the little finger is the Prājāpatya-tīrtha; at the base of the thumb, the Brāhma-tīrtha; at the tip of the fingers, the Daiva; at the base of the forefinger, the Pitrya.’

Yājñavalkya, 1.19. — ‘The base of the little finger, the base of the forefinger, the base of the thumb, and the tip of the fingers of the hand constitute the Prājāpatya, Pitrya, Brahma and Daiva tīrthas respectively.’

Śaṅkha (quoted in Medhātithi). — ‘The Kāya is at the base of the little finger; the Prājāpatya at the base of the thumb, the Daiva, at the tips of the fingers; the Pitrya, at the base of the index-finger.’

Śaṅkha-Likhita (Parāśaramādhava, p. 221). — ‘The Brahmatīrtha is situated to the left of the thumb, on the line pointing upwards; the Pitrya between the thumb and the index finger; the Prājāpatya between the palm and the little index: on the top of the finger tips, the Daiva.’

 

 

VERSE 2.59

Section XIII - Initiation (upanayana)

 

अङ्गुष्ठमूलस्य तले ब्राह्मं तीर्थं प्रचक्षते ।
कायमङ्गुलिमूलेऽग्रे देवं पित्र्यं तयोरधः ॥५९॥

aṅguṣṭhamūlasya tale brāhmaṃ tīrthaṃ pracakṣate |
kāyamaṅgulimūle'gre devaṃ pitryaṃ tayoradhaḥ ||59||

 

The part of the palm at the root of the thumb they call ‘the receptacle dedicated to Brahmā’; that which is at the root of the finger ‘Sacred to Prajāpati’; that on the finger-tops ‘dedicated to the Gods’; and that which is below these two ‘dedicated to the Pitṛs.’ — (59)

 

Medhātithi’s commentary (manubhāṣya):

The ‘root’ of the thumb is its lower part; and the part, of the hand just below that root is the ‘receptacle dedicated to Brahmā.’ — The term ‘tala’ stands for the inner part (the palm). That inner portion of the hand which extends up to the long palm-line and faces one’s own eyes is the part ‘dedicated to Brahmā.’

That at the root of the fingers, above the horizontal palmline is ‘dedicated to Prajāpati.’

‘That on the tip of the fingers is dedicated to the Gods’ — Even though the term ‘aṅguli’ forms the subordinate factor in the compound (‘aṅguli-mule’), yet it is construed with the term ‘agre,’ for the simple reason that this latter is a relative term (and hence stands in need of a correlative).

‘That below these two is dedicated to the Pitṛs.’ — This also is to be construed with the terms ‘aṅguli’ and ‘aṅguṣṭha,’ though both of these form subordinate factors in the two compounds. The ‘finger’ meant here is the index-finger. Hence it is the part below the thumb and the index-finger which is ‘dedicated to the Pitṛs.’

We interpret the text in this manner on the strength of what is prescribed in other Smṛtis, and also upon that of the practices of cultured people; specially as no sense could be got out of the words as they stand. Says Śaṅkha — ‘Below the thumb and behind the first palm-line is the receptacle dedicated to Brahmā; that between the thumb and the index-finger is dedicated to the Pitṛs; that below the little finger is dedicated to Prajāpati, that at the tip of the fingers is dedicated to the Gods.’ — (59)

 

Explanatory notes by Ganganath Jha:

‘Aṅgulimūle’ — ‘at the base of the little finger’ (Kullūka, Nārāyaṇa and Rāghavānanda); — ‘at the base of the fingers’ (Medhātithi and Nandana)

Medhātithi (p. 101,1. 8) — ‘Tathā ca Śaṅkhaḥ’ — Though Medhātithi appears to be quoting the very words of Śaṅkha, the actual passage from Śaṅkha reads as follows: —

kāyaṃ kaviṣṭakāmūle tīrthamūktammanīṣibhiḥ
aṅguṣṭhamūle ca tathā prājāpatyaṃ vica?ṇai |
aṅgus?yagre sthitaṃ daivaṃ piś?yaṃ tarjanimūlake |

Here ‘Kāya’ is distinguished from ‘Prājāpatya’ Vīramitrodaya also cites Medhātithi as quoting Śaṅkha’s text.

This verse is quoted in Vīramitrodaya (Āhnika, p. 77), which offers the following explanation — ‘anguṣṭhamūla’ means the lower part of the thumb; and on the palm-side of this is the ‘Brāhma-tīrtha.’ ‘Tala’ is the palm; and that part of the palm which extends from the base of the thumb to the first long line in it constitutes the ‘Brāhma-tīrtha’; and the part which lies between the base of the fingers and the long line parallel to them is the ‘Kāya-tīrtha’; — and at the tip of the fingers lies the ‘Daiva-tīrtha.’ — The term ‘agre’ is to be construed with ‘aṅguli,’ which is the predominant factor in the compound ‘aṅgulimūle.’ — ‘Pitryam tayoradhaḥ.’ — Here also ‘tayoḥ’ stands for the two terms ‘aṅguli’ and ‘aṅguṣṭha’; and the particular ‘aṅguli’ or ‘finger’ meant here is the ‘fore-finger; so that the ‘Pitrya-tīrtha’ would be ‘below’ the thumb and the forefinger. — The words of the text as they stand, if taken literally, do not yield any sense; that is why recourse has been taken to the more or less indirect construction, as explained above.

 

Comparative notes by various authors:

(Verses 58-59)

See Comparative notes for Verse 2.58.

 

 

VERSE 2.60

Section XIII - Initiation (upanayana)

 

त्रिराचामेदपः पूर्वं द्विः प्रमृज्यात् ततो मुखम् ।
खानि चैव स्पृशेदद्भिरात्मानं शिर एव च ॥६०॥

trirācāmedapaḥ pūrvaṃ dviḥ pramṛjyāt tato mukham |
khāni caiva spṛśedadbhirātmānaṃ śira eva ca ||60||

 

First of all he should sip water thrice; then he should wipe his mouth twice, and touch with water the cavities, the soul and also the head. — (60)

 

Medhātithi’s commentary (manubhāṣya):

Through any one of the aforesaid ‘receptacles’ he should three times ‘sip water,’ — i.e., he should let water enter his stomach through the mouth.

‘Then’ — i.e., after the sipping of water, — he should ‘twice’ — i.e., by repeating the act — ‘wipe the mouth,’ — i.e., the two lips. This ‘wiping’ consists of removing with a wet hand the drops of water attaching to the lips.

Question. — “Whence do you get the idea that this wiping is to be done with the hand?”

Answer. — We learn this from actual usage, and also deduce it from the fact of the context dealing with ‘receptacles’ (which have been described as parts of the band); — the terms ‘through the receptacle’ and ‘with vrater,’ though occurring elsewhere, being brought in here also.

Further, inasmuch as the wiping is meant only to serve a visible purpose, the term ‘mouth’ is taken to stand for a part of the mouth (i.e., the lips).

‘Cavities’ — holes; — ‘he should touch with water’ — hold in the hand. ‘Upasparśana’ (of the text) is the same as ‘sparśana.’ Since the text has been speaking of the ‘mouth,’ the ‘cavities’ meant to be touched are those pertaining to the mouth (i.e., located in the bead). Says Gautama (1.36) — ‘He should touch the cavities in the head.’

‘The Soul’ — stands for the Heart and the Navel. In the Upaniṣads we read that ‘one should And the Soul in the heart.’ Hence the ‘touching of the heart’ becomes the ‘touching of the Soul,’ the all-pervading entity ensouling the body. (We have to take it in this sense, because) there can be no touching of the Soul itself, which is something incorporeal. In some law-books it is laid down that ‘one should touch the navel’; hence we have included ‘navel’ also (as indicated by the term ‘Soul’ of the text).

‘Head’ — this is well known.

Since all Smṛtis arc meant to serve the same purpose, ‘the washing of hands up to the wrists’ and such other acts (as are laid down in Gauṭama 1.36, for instance) also hare to be done along with those mentioned in the text; such acts, for instance, as not making noise, keeping silent, sprinkling of water on the feet, — or even washing the feet, as laid down in the Mahābhārata. — (60)

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 101, l, 21) — ‘Kvachit smaryate’ — Hopkins refers in this connection to Mahābhārata 13.104.39.

This verse is quoted in Smṛtitattva (p. 178); — and in Hemādri (Śrāddha, p. 992), which adds the following notes: — ‘Mukham,’ the two lips, — the whole for the part, — the ‘holes’ to be touched also are those connected with the face, mukha; — ‘ātmānam,’ heart or navel, — the Upaniṣads describing the ‘ātman’ as ‘to be seen within the heart,’ — hence the ‘touching’ is to be of the heart, as the ‘Soul,’ being all-pervading, cannot be touched; — the touching of the navel also is laid down in other texts — [Hence ‘ātmānam may stand for either the heart or the navel. ]

 

Comparative notes by various authors:

Bodhāyava-Dharmasūtra, 1.5.15-10. — ‘Thrice he should sip water, reaching to the heart, — not laughing, not talking, not standing, not looking this way and that, not stooping, not bowing down, not having his śikhā untied, with throat not covered, nor with head covered, not in a hurry, not without the sacred thread, not spreading out his feet, with the end of his lower garment not tucked into the waist-band, with arms not outside the knees, without making any sound; and he should wash thrice; twice, according to some.’

Baudhāyana-Dharmasūtra, 1.5.21. — ‘Touching the holes with water, he should touch the feet, navel, head, and lastly, the left hand.’

Gautama-Dharmasūtra, l.38-42. — ‘Seated on a clean spot, placing his right arm between his knees, wearing the sacred thread, washing his hands up to the wrist, with speech in check, he should sip water, touching the heart, thrice or four times; he should wash twice; the feet also; should touch the holes in the head; should sprinkle water on the heart also.’

Āpastamba-Dharmasūtra, 1.5.10. 2-9. — ‘Seated, he should sip water twice, reaching his heart; should wash the lips thrice — twice, say some; once he should rinse his mouth, — twice, say some; washing the left hand with the right, he should touch with water, the feet, the head, the sense-organs, the eyes, the nostrils and the ears; then he should touch water; when going to take food, he should, even though clean, sip water twice, twice wash his lips and once rinse the mouth; he should sip water alter having washed the lips to the ends.’

Vaśiṣṭha-Smṛti, 3.29-30. — ‘With the Brahma-tīrtha, he should thrice sip water and twice wash the lips with water; should touch the holes with water; should sprinkle water on the head.’

Viṣṇu-Smṛti, 62,6-8. — ‘With the Brahma-tīrtha, he should sip water thrice; twice wash; touch with water the holes, the head and the chest.’

Gobhila-Gṛhyasūtra, 2.5-8. — ‘Going to the north of the Fire, washing his hands, seated, he should sip water thrice, and wash twice; having sprinkled water over the feet, he should sprinkle it over the head; touch the organs with water; the eyes, the nostrils and the ears.’

Yājñavalkya, 1-20. — ‘Having sipped water thrice and washed twice, he should touch the holes with water in its natural condition.’

 

 

VERSE 2.61

Section XIII - Initiation (upanayana)

 

अनुष्णाभिरफेनाभिरद्भिस्तीर्थेन धर्मवित् ।
शौचेप्सुः सर्वदाऽचामेदेकान्ते प्रागुदङ्मुखः ॥६१॥

anuṣṇābhiraphenābhiradbhistīrthena dharmavit |
śaucepsuḥ sarvadā'cāmedekānte prāgudaṅmukhaḥ ||61||

 

One who knows his duties, when desiring cleanliness, should always sip, through the proper receptacle, water which is neither hot nor frothy, — in solitude, with his face towards the North or the East. — (61)

 

Medhātithi’s commentary (manubhāṣya):

‘Hot’ hero stands for boiled; elsewhere we read that the sipping should be done ‘with unboiled water.’ So that the prohibition docs not apply to such water as is naturally hot, or has imbibed the beat of the hot atmosphere.

‘Froth’ is meant to include ‘bubbles’ also, as elsewhere we read that ‘the water should be free from froth and bubbles.’

The terms ‘through the proper receptacle’ and ‘one who knows his duties’ have been added only for the purpose of filling up the metre.

‘Desiring cleanliness’ — seeking to attain cleanliness, i.e., purity. The sense is that without the sipping of water he can never be clean.

‘Always’ — i.e., not only at the timo of eating, as would seem implied by the fact of the rule occurring in the section on ‘eating,’ — but also at other times, when, for instance, one seeks cleanliness after passing urine or stool, etc.

Though ‘water’ is the object of the act of sipping, yet it is put in the Instrumental Case, with a view to indicate that what is prescribed is meant to be applicable not only to the water that is sipped but also to that which forms the instrument in such acts as the washing of the feet and the like. What we hold is that in the act of sipping also the water is only the ‘instrument’; specially as the sipping does not constitute the sanctification of the water (in which case alone the water could be the ‘object’).

‘In solitude’ — i.e., in a clean place; a solitary place, being uncrowded by people, is generally clean.

‘With his face towards the North or the East’; — the term ‘face’ is to be construed along with each of the two terms (‘East’ and ‘North’); as Gauṭama (1.35) says that ‘the man should face either the North or the East.’ The compound should be expounded as ‘he who has his face towards the North, East’; the compound being a pure Bahuvrīhi, not a Bahuvrīhi containing another copulative compound [i.e., we cannot expound the compound as ‘North and East,’ and then compound this with the term ‘mukha,’ the sense in this case being ‘one having his face towards the North and the East’]. If wo made tho Bahuvrīhi contain a copulative compound, then if the compound ‘prāṅudak’ were taken as an aggregative copulative, it should have an additional ‘a’ at the end; nor could it be taken as a segregative copulative. Further, it is not possible for the man to face both the North and the East at one and the same time; for in that case, the rule would mean that one part of the sipping should be done with face towards the North, and another part of it with face towards the East; and this would mean that the sipping is not done at one place. Then again, the directions mentioned do not form the principal factor in the predicate of the sentence, which alone could justify their being taken reciprocally; nor does the term ‘prāṅudak’ from a well-known name of the North-East quarter, in the manner in which ‘dakṣina- pūrva’ does of the South-East quarter; hence there can be no justification for the compound being taken as a containing another compound name of a particular quarter, [i.e., we cannot take ‘prāṅudak’ as the name of the North-East quarter and then compound it with ‘mukha’]. For these reasons the. compound cannot be taken as a ‘Bahuvrīhi’ containing within itself another compound. From all this it follows that option, is meant; as is clearly laid down in another Smṛti — ‘Acts of cleanliness should be begun with

face towards the North or the East’ (Gauṭama 1.35). This option is just like the option that we have in the case of the Sāman to be sung at the Ṣaḍoha sacrifice, where the injunction being in the form that ‘the Bṛhadrathantara Sāman should be sung,’ what is actually done is that on some days of the sacrifice (which lasts for six days) they sing the ‘Bṛhat’ while on other the ‘Rathantara’ Sāman; and never on any one day do they ever sing both the Sāmans. — (61)

The ‘sipping,’ as consisting of the drinking of water, has been prescribed; but the exact quantity of the water to be sipped has not yet been laid down. Hence the Text now proceeds to define the precise measure (of the water to be sipped): —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 66), where it is explained that what the epithet ‘anuṣṇabhiḥ’ means is that the water should not be heated by fire, as is distinctly stated by Viṣṇu; — again on page 77, where it is stated to be the injunction of ācamana in general, for all the three castes; — also on page 79, where it is added that ‘ekānte’ means not crowded, — where alone the mind can be calm and collected, — as is laid down by Viṣṇu.

On the tern ‘prāgudaṅmukhaḥ,’ this work has the following note, criticising Medhātithi’s explanation: — “The term prāgudaṅmukhaḥ must mean the north-east quarter, on the strength of the declaration of Hārīta; and in the Śruti also we see the term used in the sense of the north-east — e. g. in the passage referring to the branch of the Palāśa tree —

‘Prāchīmāharati, udīchīmāharati, prāgudīchīmāharati’ and also in Kātyāyanasūtra, where it is said — ‘prāgudakpravaṇam devayajanam,’ where the term ‘prāgudak’ stands for the north-east. For these reasons the assertion of Medhātithi — that ‘the term prāgudak being never found used in the sense of north-east, it should not be explained as such,’ — must be disregarded. Medhātithi has explained the compound prāguduṅmukhaḥ as a Bahuvrīhi compound composed of three terms, whereby the meaning comes to be that the man must face the East or the North.”

The writer has conveniently ignored Medhātithi’s reference to Gautama 1.35, in support of his interpretation.

The second half of the verse is quoted in Śuddhi-kaumudī (p. 339); — and in Hemādri (Śrāddha, p. 983), which notes that ‘anuṣṇābhiḥ’ is meant to prohibit the water heated by fire.

 

Comparative notes by various authors:

Bodhāyanā-Dharmasūtra, 1. 5. 14. — ‘Water-sipping should never be done with the lingers, nor with such water as has hubbies or foam, is brackish or saltish, or muddy, or discoloured, or foul-smelling.’

Baudhāyana (Vīra-Āhnika, p. 71). — ‘Sipping should not be done with water left over after washing the feet; or if this has to be done, it should be done after pouring out some of the water on the ground.’

Āpastamba-Dharmasūtra, 5. 15. 4-7. — ‘Water should not bo sipped out of rain-showers; nor out of cavities in the Earth; nor with warm water, without reason.’ [‘Reason’ such as sickness.] [Hut according to Vaśiṣṭha, if the cavity contained water enough for satisfying the cow, which is not unclean, then, it may be used.]

Vaśiṣṭha-Smṛti, 3. 36. — ‘Sipping should not be done with water with bad colour, bad smell or bad taste, or that proceeding from an unclean source.’

Viṣṇu-Smṛti, 62. 5. — ‘Seated in a clean place, with arms between the knees, facing the East or the North, with happy and concentrated mind, he should sip water, which is not fire-heated, which is free from foam, which has not been brought by the Śūdra, and which is not brackish.’

Yājñavalkya, 1.20. — ‘With water in its natural condition, free from bubbles and foam.’

Gobhila-Gṛhyasūtra, 1.2.22-23. — ‘With water, not hot, nor with bubbles.’

Śaṅkha (Vīra-Āhnika, p. 66). — ‘With water pulled out, which is free from bubbles and foam, not heated by fire, nor brackish.’

Gautama and Śaṅkha-Likhita (Do., p. 67). — ‘Not with water fetched by a Śūdra or an unclean person or by one hand.’ Kūrmapurāṇa (Do.). — ‘With water which is not brackish and which has not been fetched by a Śūdra or by an unclean person; nor with water brought with one hand.’

Saṃvarta (Do.). — ‘Never with water offered by a Śūdra or an unclean person, or with one hand.’

Śaṅkha-Likhita (Do., p. 68). — ‘With water pulled out, purified, examined, not brackish, nor heated, nor with foam and bubbles.’

Pracetas (Do., p. 69). — ‘One should twice, thrice or four times sip water, without making any sound, which is not hot, nor with foam, which has been purified by cloth and by the eve, — reaching the heart.’

Hārīta (Do., p. 70). — ‘Nor with water which has not been looked into, which is hot or unclean; discoloured or foul-smelling or foamy.’

Parāśara (Do., p. 71). — ‘Sipping should not be done with water fetched by a Śūdra, or with one hand, or by one who has not kept the observances, or by an unknown person.’

Yama (Parāśaramādhava, p. 222). — ‘It has been declared that at night, the wise men may be purified by even such water as has not been looked into; as also for sick men.’

 

 

VERSE 2.62

Section XIII - Initiation (upanayana)

 

हृद्गाभिः पूयते विप्रः कण्ठगाभिस्तु भूमिपः ।
वैश्योऽद्भिः प्राशिताभिस्तु शूद्रः स्पृष्टाभिरन्ततः ॥६२॥

hṛdgābhiḥ pūyate vipraḥ kaṇṭhagābhistu bhūmipaḥ |
vaiśyo'dbhiḥ prāśitābhistu śūdraḥ spṛṣṭābhirantataḥ ||62||

 

The Brāhmaṇa is purified by the water reaching the heart; the Kṣatriya by that reaching the throat; the Vaiśya by water that is just sipped, and the Śūdra by what is touched with the end. — (62)

 

Medhātithi’s commentary (manubhāṣya):

‘Reaching the heart’ — that which reaches down to the regions of the heart; the word being derived from the root ‘gam’ with the ‘ḍa’ affix, according to Pāṇini, 6. 2.101; the term ‘hṛdaya’ being changed into ‘hṛd’ according to Pāṇini’s Sūtra, 6.3.50.

‘Is purified’ — Reaches sanctity; that is, gets rid of impurity. The water (reaching the heart) would, in quantity, be just a little less than a handful.

‘The Kṣatriya by that reaching the throat’ — i.e., by that which reaches only down to the throat. The term ‘bhūmipaḥ’ in the text stands for the Kṣatriya; as the ‘lordship of land’ is laid down for the Kṣatriya only; and hence this well-known function (of ruling the land) indicates here the Kṣatriya caste. If actual ‘lordship’ of the land were meant, then what is laid down here would have been prescribed among the ‘duties of tho king.’

‘The Vaiśya by the water that is just sipped,’ — i.e., which is just taken into the mouth; even without reaching the throat, the water thus sipped serves to purify the Vaiśya.

‘The Śūdra by what is touched with the end;’ — ‘anṭataḥ’ stands for ‘antena’; the ‘tasil’ affix having the force of the instrumental, according to the Vārtika on Pāṇini, 5. 4. 44. The term ‘end’ (anta) means proximity; e.g., the phrase ‘udakānta’ means ‘near water’. It also means a part; e.g., in such expressions as ‘vastrānta,’ ‘vasanānta’ and the like. With both these significations the term ‘end’ (being a relative term) stands in need of a correlative; whenever it is used, one always wants to know — ‘near what ’ or ‘part of what.’ Now in the present case, the water-sipping has been laid down for the other castes as to he done with certain parts of the hand and the lips and the tongue; and it is the ‘end’ of these that is meant. It cannot mean mere ‘proxi mity’; because the ‘water-sipping’ prescribed cannot he accomplished by mere proximity. Then again, the ‘touch’ (of the water with the tongue and lips) would involve sipping (which has been laid down for the Vaiśya); for one is sure to feel the taste of that which is touched with the tongue and lips. Hence the conclusion appears to he that the quantity of water sufficient for the Śūdra is just a little less in quantity than that for the Vaiśya; e.g., while for the Vaiśya the water should touch the root of the tongue, for the Śūdra it should touch only its tip.

Water being a fluid substance, its going beyond the limits prescribed would be unavoidable; hence all that is meant is that if the water sipped fails to reach the prescribed limits, it fails to purify the man.

The description of the ‘receptacles’ (parts of the hand) refers to the right hand; as it is this hand that should be used in all washings; specially as it has been laid down that men should perform (religious) acts with the right hand. It is for this reason that we reiterate this fact in the present connection. — (62)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 221); — in Smṛtitattva (p. 335), which points out that for the Śūdra, there is no ācamana, as the verse stops short at the Vaiśya; so in the place of ācamana, the Śūdra should wash his hands and feet; — this is clear from a text of the Brahmapurāṇa; — and in Vīramitrodaya (Āhnika, p. 74), where it is explained that ‘antataḥ’ means inside of the mouth; and hence what is meant is that there should be no drinking of the water, which should only touch the inner part of the mouth; — such being the opinion of Kalpataru. It is curious that Kalpataru, as quoted in Vīramitrodaya, has quoted Manu 5.13 9, where ‘antataḥ’ does not occur at all, and missed the present verse, which, as Vīramitrodaya rightly remarks, is the text that really supports the explanation provided by Kalpataru. Vīramitrodaya notes Medhātithi’s explanation with approval on p. 75.

This verse is quoted in Kṛtyasārasamuccaya (p. 46); — in Hemādri (Śrāddha, p. 985), which adds the following notes: — ‘Hṛdgābhiḥ,’ reaching the regions of the heart, — ‘Pūyate’ acquires purity; — ‘Kaṇthayābhiḥ,’ just touching the throat only, — ‘bhūmipoḥ,’ the Kṣatriya; — ‘prāśitāḥhiḥ’, just taken into the mouth, and not reaching the throat, — ‘antataḥ,’ the affix ‘tasi’ has the force of the Instrumental, — the term ‘anta’ meaning near requires a correlative, that to which nearness is meant, — so that the meaning is that the Śūdra is purified by water reaching that point which is in close proximity to that which the water should reach for purifying the Vaiśya; — and as the tongue is the point for the Vaiśya, for the Śūdra it must be the teeth; though the water that reaches the teeth must touch the tongue also, yet all that is meant is that the quantity for the Śūdra should be just a little less than that for the Vaiśya.

It is quoted also in Saṃskāraratnamālā (p. 221).

 

Comparative notes by various authors:

Baudhāyana-Dharmasūtra, 1. 5. 17. — ‘The Brāhmaṇa becomes pure by water reaching the heart, the Kṣatriya by its reaching the throat and the Vaiśya by water actually drunk off; the woman and the Śūdra by merely touching it.’

Viṣṇu-Smṛti, 62. 9. — ‘The three twice-born castes become pure by water reaching the heart, the throat and the palate respectively, the woman and the Śūdra by touching it once.’

Gautama Dharmasūtra, 1.37. — ‘He should thrice or four times sip water reaching the heart.’

Vaśiṣṭha-Smṛti, 3.33-34. — ‘The Brāhmaṇa is purified by bubble-free and foamless water reaching his heart; the Kṣatriya by it reaching the throat, the Vaiśya by water actually drunk; the woman and the Śūdra by merely touching it.’

Yājñavalkya, 1.21. — [The same words as Viṣṇu, above.]

Gobhila-Gṛhyasūtra, 1.2.29. — ‘He should sip water reaching the heart.’

Brahmapurāṇa (Vīramitrodaya-Āhnika, p. 74). — ‘The woman and the Śūdra are purified by the washing of the hands and lips.’

Uśanas (Vīramitrodaya-Āhnika, p. 75). — ‘That quantity of water is to be taken as reaching the heart in which a bean sinks; this quantity, less by its fourth part is taken as reaching the throat’, less by half, as reaching the palate; and less by three-fourths, as reaching the teeth.’

Pracetas — (See above.)

 

 

VERSE 2.63

Section XIII - Initiation (upanayana)

 

उद्धृते दक्षिणे पाणावुपवीत्यौच्यते द्विजः ।
सव्ये प्राचीनावीती निवीती कण्ठसज्जने ॥६३॥

uddhṛte dakṣiṇe pāṇāvupavītyaucyate dvijaḥ |
savye prācīnāvītī nivītī kaṇṭhasajjane ||63||

 

When the right hand is held above (the sacred thread etc.), the twice-born person is described as ‘Upavītin’; when the left hand is held above, ‘Prāchīnāvītin,’ and on its hanging by the neck, ‘Nivītin.’ — (63)

 

Medhātithi’s commentary (manubhāṣya):

An objection is raised — “As a matter of fact, in treatises dealing with Dharma, the meanings of words are accepted to be exactly as they are known in ordinary usage; and the works of Manu and others should not make it their business to explain the meanings of words, in the way in which it is done by grammatical and lexicographical works.”

Ānswer. — We have already answered this before; if treatises on Dharma should be found to supply the explanation of such words as are not ordinarily known, are they to be blamed for doing so? Then again, in the present instance, there is another purpose also in view. The term ‘upavītin’ is explained in the course of the explanation of the act of ‘water-sipping,’ with a view to indicate that the method (of wearing the sacred thread, etc.) is auxiliary to that act. Though it is true that the wearing of the sacred thread, — either as part of a religious observance, or as accomplishing certain desirable results for man, — is known as to be done at all times, yet if the ‘water-sipping’ were done without it, it would remain incomplete. So that, if we did not have the present text (as indicating the necessity of wearing the sacred thread during water-sipping), there would be some deficiency in the religious act, as also some defect in the agent. If the sipping were done without the sacred thread, it would be as good as not done, and there would be the additional wrong done, in the shape of sipping the water while unclean.

Question. — “How is it that the Upavīta-method alone is regarded as auxiliary to the ‘water-sipping,’ when as a matter of fact, the present text has spoken of another method, the ‘Prāchīnāvīta,’ also?”

Our answer is as follows: — As for the ‘Prāchīnāvīta’ method, this has been directly prescribed, in so many words, as pertaining to acts of offering to the Pitṛs; so that when its use has been found in connection with these, it could not be taken as an alternative to the ‘Upavīta’ method, whose use has not yet been found. Similarly the ‘Nivīṭa’ method also has its use in connection with acts of sorcery. Though the use of the ‘Nivīṭa’ has not been laid down in the itself, yet since all Smṛtis have the same end in view, the use prescribed in other Smṛtis could be regarded as accepted in the present context also.

The term ‘hand’ stands here for the arm; it is only when the man raises his arm that he is called ‘Upavīṭi’; further, we are going to point out later on that the ‘Upavīṭa’ is the method (of wearing the thread) to be employed at all times (not during religious acts only); and no one is called ‘Upavīṭin’ by merely lifting his hand.

‘When the left hand is held above,’ he is called ‘Prāchīnāvīṭī’; it is the compounded form (‘prāchīnāvīṭī’) that constitutes the name; the text puts it iu the uncompounded form on account of the exigencies of metre.

‘On its hanging by the neck’; — ‘Sajjana,’ ‘hanging’ means being worn, when the sacred thread, or the piece of cloth, is worn over the neck, and neither arm is held over it, then the man becomes ‘nivītī.’ — (63)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (p. 39), which notes that the non-compounding (in ‘prāchīna-āvīti’ is a Vedic anomaly; — and in Saṃskāraratnamālā (p. 188).

 

Comparative notes by various authors:

Baudhāyana-Dharmasūtra, 5.1.5-8. — ‘The Sacred Thread worn at sacrifices to gods (upavīta) consists of the silk or the cotton thread folded three times three: it should reach down to the navel; the right arm being held above; — the reverse (prāchīnāvita) at offerings to Pitṛs; hanging by the neck, it is nivīta; hanging downwards it is adhovīta.’

Āpastamba-Dharmasūtra, 1.6.18-19. — ‘He who is wearing the Sacred Thread in the upavīta form is to be regarded as wearing two pieces of cloth; — while he who is wearing it in the Adhovīta form, is to be regarded as wearing only one piece of cloth.’

Gobhila-Gṛhyasūtra, 1.2.2-3. — ‘Holding aloft the right arm, passing over the head, resting the thread on the left shoulder, hanging down the right arm-pit, — thus does he become the wearer of the Yajñopavīta; lifting the left arm, passing over the head, resting the thread on the right shoulder, hanging down the left arm-pit, — thus does he become the wearer of the Prāchīnāvīta.’

 

 

VERSE 2.64

Section XIII - Initiation (upanayana)

 

मेखलामजिनं दण्डमुपवीतं कमण्डलुम् ।
अप्सु प्रास्य विनष्टानि गृह्णीतान्यानि मन्त्रवत् ॥६४॥

mekhalāmajinaṃ daṇḍamupavītaṃ kamaṇḍalum |
apsu prāsya vinaṣṭāni gṛhṇītānyāni mantravat ||64||

 

When the girdle, the skin, the staff, the sacred thread or the water-pot becomes damaged, he should throw it into the water and take up another with the proper formulas. — (64)

 

Medhātithi’s commentary (manubhāṣya):

The present verse enjoins that when these things are damaged, they should be thrown into water and others should be taken up; and the sequence of the ‘throwing’ and the ‘taking up’ is to be just as it is found in the text. In as much as one has got to take up these things again, they cannot be regarded as forming part of the Initiatory Ceremony itself; if it were part of this ceremony, then all their purpose would have been fulfilled by the completion of the ceremony. The right view therefore is that these should continue to be taken up throughout the ‘student-stage.’

“But is it not possible to regard the throwing into water here laid down as the disposal of the things mentioned, if they happen, during the Initiatory Ceremony — and before its completion, — to be damaged by divine or human adverse forces? The taking up of fresh ones, would, in this case, be necessary for the completion of the ceremony; just as there is of the begging-bowl. Is it absolutely impossible for the text to be taken in this manner, that the mere fact of the re-taking being laid down should be made the basis of assuming that the things should continue to be held throughout the student-stage?”

Our answer to the above is as follows: — As for mere ‘holding,’ this has been laid down in connection with the staff only (during the Initiatory Rite); as for the girdle what is to be done during the ceremony is only its tying (round the waist); so that what should be done as part of the Initiatory Ceremony is the peculiar arrangement of strings (which constitutes the act of tying); this being done, the purpose of the Injunction will have been fulfilled; so that if, at some future time, any thing becomes damaged or not, what effect could that have upon the ceremony (which will have been long completed)? As for the particular form of ‘disposal,’ this helps the Rite only when what has become damaged forms an integral part of the Rite itself. Nor again have the scriptures laid down any purpose for which the girdle, etc., are worn, for the fulfilment of which purpose, the re-taking of them (during the ceremony) would be enjoined (in the present text); it is only when the purpose of a certain object has not been fulfilled, that we take it for granted that that object should be taken up again. For these reasons, because the text lays down (a) a particular form of Disposal, and (b) the re-taking of the things, we conclude that, even though the holding of these may form an integral part of the Initiatory Ceremony, the necessity of this holding does not end with the completion of the ceremony. Then again, the girdle, etc., are mentioned in the same category as the ‘water-pot,’ which continues to be held after the ceremony also; and this shows that the other articles also are to continue to be held, and all this ‘holding’ forms part of the observances (of the Religious Student). From all this it follows that the girdle and other things are subservient to both: by the force of ‘context,’ they form part of the Initiatory Ceremony, and since they are found to be held after the completion of that ceremony, they are to continue as long as the ‘student-stage’ lasts. That the ‘water-pot’ has to be carried (always) for the purpose of carrying water is also implied by (the binding and universal character of) the injunction of the ‘Disposal’; otherwise (if the pot were not meant to be carried always), the meaning of the injunction would be that the disposal is to be carried out only when the water-pot may be held; and this would make the Injunction partial and limited in its application.

As regards the ‘holding of the staff,’ this comes to be regarded as part of the ‘begging of food,’ on the basis of sequence enjoined in the rule ‘one should beg for food after taking up the staff’, but on the basis of actual practice, it comes to be done in connection with such ordinary talking also as is not done for the purpose of ‘food-begging.’ But it does not mean that the staff should be held always; for the boy who may be holding the stick would be unable to do such acts as standing, sitting, sleeping, eating and so forth; similarly in Verse 2.70 it is laid down that the boy, when proceeding to read the Veda, should sit with joined palms (and this would not be possible if he held the staff in his hand).

‘With the proper formulas’ — this means that the retaking of the articles should be in the same manner in which they are taken up during the Initiatory Ceremony; and in that connection formulas are laid down in regard to the wearing of the Girdle, and not in regard to the holding of the staff. — (64)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 451), which says that it lays down the method of disposing of the sacred thread and other things whenever they happen to break; — also in Nirṇayasindhu (p. 190).

It is quoted in Smṛtitattva (p. 934) which says that, as the use of mantras is essential, if a certain Gṛhyasūtra does not mention the mantra, it has to be borrowed from another Gṛhyasūtra; — and in Vīramitrodaya (Saṃskāra, p. 423), where also the verse is explained as laying down the ‘disposal’ of the tilings mentioned. The latter quotes the verse again on p. 887, where it is explained that in a case where an injunction lays down a certain act as to be done ‘with the proper mantras’ — as is done in the present verse — and no particular mantra is prescribed? one has to use the mantra that may be found mentioned in a particular Gṛhyasūtra. This is what ‘mantravat’ has beeif explained to mean, in Madanapārijāta (p. 37 also.)

It is quoted in Smṛticandrikā (Saṃskāra,, p. 85) as laying down the disposal of the sacred thread that has been worn out; — in Saṃskāramayūkha (p. 39), which notes that the meaning of the term ‘mantravat’ is that they have to be worn with those same mantras that were used for wearing them at the Upanayana; — and in Vīramitrodaya (Paribhāṣā, p. 72) as an example of the principle that where the text laying down a certain act as to be done ‘with mantras’ does not specify the particular mantras to be used, these have to be taken as laid down in other Gṛhyasūtras.

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 27.29. — [Reproduces the exact words of Manu.]

Baudhāyana-Dharmasūtra, 4.5-7. — ‘When these articles become spoilt by urine, excreta, blood or semen, they should be thrown away; when the water-pot breaks, one should offer a hundred libations with the Vyāhrti mantras; the pieces he should throw into the water, and repeating the Sāvitrī ten times, he should take up another pot.’

Bhṛgu (Vīra-Samskāra, p. 423). — ‘When the sacred thread is torn or broken, the Brāhmaṇa should bathe and then wear a new one.’

 

 

VERSE 2.65 [Hair-clipping (keśānta)]

Section XIV - Hair-clipping (keśānta)

 

केशान्तः षोडशे वर्षे ब्राह्मणस्य विधीयते ।
राजन्यबन्धोर्द्वाविंशे वैश्यस्य द्व्यधिके मतः ॥६५॥

keśāntaḥ ṣoḍaśe varṣe brāhmaṇasya vidhīyate |
rājanyabandhordvāviṃśe vaiśyasya dvyadhike mataḥ ||65||

 

The sacrament of Keśānta is ordained for the Brāhmaṇa in his sixteenth year; for the Kṣatriya in his twenty-second year, and for the Vaiśya two years later. — (65)

 

Medhātithi’s commentary (manubhāṣya):

‘Keśānta — Hair-clipping. is — the name of a particular sacrament. This sacrament should be done, for the Brāhmaṇa, in his sixteenth year, from conception. For a knowledge of the exact form of this sacrament our only source is the Gṛhyasūtra.

‘Two years later’ — i.e., in the year, which is two years later than the twenty-second. Or, the compound may be taken as qualifying ‘time,’ so that the meaning is — ‘at the time which comes two years later than the twenty-second,’ — ‘for the Vaiśya.’ The numeral adjective ‘two’ must be taken as qualifying years; as the whole verse refers to years. — (65)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Puruṣārthacintāmaṇi (p. 444); — in Hemādri (Śrāddha, p. 778); — in Smṛticandrikā (Saṃskāra, p. 107); — in Saṃskāramayūkha (p. 637), which explains Dvyadhike as in the twenty-fourth year; — and in Saṃskāraratnamālā (p. 353), which explains rājānyabandhuḥ as Kṣatriya and Dvyadhike as twenty-fourth.

Another name for the Keśānta sacrament mentioned in Saṃskāramayūkha is ‘Godāna,’ which has been etymologically explained as — gāvaḥ keśāḥ-dīyante chidyante yasmin.

This verse is quoted in Parāśaramādhava (Ācāra, p. 457), where it is said that this rite is what is called ‘godāna’; — and in Aparārka (p. 67), which adds that the numbers here mentioned are to be counted from birth and not from conception, for if the latter were meant, the word used would have been ‘garbhaṣoḍaśa’ like ‘garbhaṣṭama.’

 

Comparative notes by various authors:

Yājñavalkya, 1 36. — ‘The keśānta is to be done in the sixteenth year.’

Āpastamba- Gṛhyasūtra, 1.17.1-2. — ‘The Godāna (Hair-cutting) in the sixteenth year.’

Pāraskara-Gṛhyasūtra, 2.3. — ‘When the boy is sixteen years old, comes the keśānta.’

Gobhila- Gṛhyasūtra, 3.1. — ‘Now, the Godāna in the sixteenth year; the keśānta ceremony is described by the description of the Cūḍākaraṇa

 

 

VERSE 2.66 [Sacraments for Females]

Section XV - Sacraments for Females

 

अमन्त्रिका तु कार्यैयं स्त्रीणामावृदशेषतः ।
संस्कारार्थं शरीरस्य यथाकालं यथाक्रमम् ॥६६॥

amantrikā tu kāryaiyaṃ strīṇāmāvṛdaśeṣataḥ |
saṃskārārthaṃ śarīrasya yathākālaṃ yathākramam ||66||

 

For females, this whole series should be performed at the right time and in the proper order, for the purpose of sanctifying the body; but without the Vedic formulas — (66)

 

Medhātithi’s commentary (manubhāṣya):

‘This whole series’ should be done for females, without the recitation of Vedic formulas. — ‘Series’ stands for the entire body of sacraments, beginning with the ‘Birth-rites,’ along with all the acts that constitute their procedure.

‘For the purpose of sanctifying’ — i.e., purifying This means that the purpose of the sacraments in the case of females that is the same as that in that of males.

‘At the proper time,’ — i.e., without letting that time pass which has been prescribed for the several sacraments. The term ‘yathā’ here signifies non-transgression, and hence, not signifying ‘similarity,’ it is compounded according to Pāṇini 2.1.7.

The same explanation applies to the compound ‘yathā-kramam’ also.

In as much as the text has distinctly asserted that it is only the reciting of Vedic formulas that may be omitted, there could be no idea of the sacraments (for females) being performed at a time, or in an order, other than the prescribed ones; so that the prohibition of other times and another order should be taken as merely describing what is already known, and as added only for the purpose of filling up the metre. All that is really meant by the text is that for females the sacraments should be performed without the Vedic formulas.

The ‘series’ spoken of above would imply that like the ‘Birth-rite’ and the other ceremonies, the ‘Initiatory ceremony’ also should be performed for females; with a view to preclude this idea, the Text adds —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 926); — in Madanapārijāta (p. 362), where āvṛt is explained as jātakarmādikriyā; and yathākramam is to taken to mean that there should ho no deviation from the exact order of sequence — such deviation necessitating expiation; — in Nirṇayasindhu (p. 188); — and in Aparārka (p. 30), which explains āvṛt as ‘kriyā’, act, rite; — ‘aśeṣtaḥ’ as along with all details’, and ‘yathākramam’ as meaning that the order of the sacraments should not be disturbed or else the Sarvaprāyaścitta has to be performed.’

It is quoted in Vīramitrodaya (Saṃskāra, at several places, on pages 194, 255, 278, 317 and 403). On p. 194, ‘āvṛt’ is explained as jātakarmādikriyā; and on the term ‘amantrikā’ it is added that what this interdicts is the use of only those mantras that pertain to the primary acts of eating butter, honey and the rest, and not the use of the subsidiary mantras; and this conclusion is in accordance with the principle enunciated in Mīmāṃsā Sutra 3.8. 34-35, where it is declared that the qualification of upāṃśutva (silence) pertains to only the primary rite of the ‘Ātharvaṇa Iṣṭis’ and not to the subsidiary ones. — On p. 255 the verse is quoted in support of the view that the rite of Niṣkramaṇa, is to be performed in the case of the female baby also. — Similarly on p. 278, it is quoted to show that the rite of ‘Annprāśana’ should be performed for the female baby. — On p. 317, it is made to justify performance of the rite of ‘Tonsure’ for girls. — On page 403, it is quoted as laying down the performance of all the sacraments — beginning from the Jātakarma and ending with the Keśānta; whereby it is concluded that the Upanayaṇa also, for girls is to be done ‘without mantras’; another view is noted, whereby the pronoun ‘this ‘iyam in Manu’s text is taken as standing only for the first five sacraments, ending with Tonsure, so that Upanayaṇa and Keśānta become excluded from the category. But this view is rejected; and in answer to the argument that “in view of the declaration in the following verse that for women Marriage constitutes Upanayaṇa, the pronoun ‘iyam’ in the present verse must exclude Upanayaṇa — it is pointed out that all that the next verse means is that in the case of a person following the opinion of another Smṛti and not performing the Upanayana for his girl, — Marriage should be regarded as constituting her Upanayana; and not that in all cases Marriage should take the place of Upanayana. The conclusion is stated thus: — There are two kinds of girls — ‘Brahmavādinī’ and ‘Sodyovodhū’; — for the former there is Upanayana, in the eighth year, vedic study, and ‘return’ (completion of Vedic study) before puberty, — and marriage also before puberty; while for the Sodyovodhū, there is Upanayana at the time of marriage, followed by immediate ‘completion of study,’ which is followed immediately by Marriage. But from the assertion in certain Smṛtis that there used to be Upanayana for women in a ‘previous cycle,’ it seems that in the present cycle, it is not to be performed. (Bee note on the next verse).

The above note regarding the two kinds of women is based on a passage in Hārīta Smṛti (quoted in Madanapārijātā, p. 37), which adds that all this refers to another cycle. The exact words of Hārīta mean as follows: — “There are two kinds of women — Brahmavādinī and Sadyovadhū; for the former, there are Upanayana, fire-laying, vedic study in the house itself and also alms-begging; while for the latter, when the time of marriage arrives, Upanayana should be performed somehow and then marriage.”

This verse is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 400); — and in Smṛticandrikā (Saṃskāra, p. 00) which explains ‘āvṛt’ as meaning the Jātakarma and other rites, and adds that this implies that none of the rites is to be omitted for the women.

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 27.13. — ‘The same rites for women are done without mantras.’

Yājñavalkya, 1.13. — ‘These rites for women are to be performed silently, but Marriage is to be with manteras.’

Āśvalāyana-Gṛhyasūtra, 15 (16.7) — 1.2. — ‘For the girl, the Āvṛta only’ [‘āvṛta’ standing for the Jātakarma and other rites],

Gobhila-Gṛhyasūtra (Vīramitrodaya-Samskāra, p. 191). — ‘For women, these rites are to be performed silently, but the Homa is to be done with mantras.’

Śaunaka (Do., p. 278). — ‘All this rite is to be performed for the girl, without mantras.’

Āśvalāyana-Smṛti (Do., p. 278). — ‘The rites beginning with the Jātakarma and ending with Tonsure are to be done for women, without mantras; but even in Tonsure, the Homa is to be done with mantras.’

 

 

VERSE 2.67

Section XV - Sacraments for Females

 

वैवाहिको विधिः स्त्रीणां संस्कारो वैदिकः स्मृतः ।
पतिसेवा गुरौ वासो गृहार्थोऽग्निपरिक्रिया ॥६७॥

vaivāhiko vidhiḥ strīṇāṃ saṃskāro vaidikaḥ smṛtaḥ |
patisevā gurau vāso gṛhārtho'gniparikriyā ||67||

 

For females the Rites of marriage have been ordained to be their ‘Vedic Sacrament,’ the serving of the husbands their ‘residence with the Teacher,’ and the household-duties their ‘tending of fire.’ — (67)

 

Medhātithi’s commentary (manubhāṣya):

The ceremony called ‘Upanaya,’ ‘Initiation,’ has been called ‘Vedic,’ because it is gone through for the purpose of studying the Veda. This ceremony, in the case of females, consists of the ‘Rites of marriage,’ — i.e., those rites that are accomplished by means of marriage. Thus, since ‘marriage’ has been prescribed for them in place of the ‘Initiation,’ the former has been described here as becoming the latter; and this can preclude the necessity of ‘Initiation’ only if the purposes of this latter were taken as served by the ‘marriage.’

Objection. — “Well, the Initiation may be excluded from women, but the study of the Veda and the keeping of the observances have still got to be performed.”

With a view to preclude these two also, the Text adds —

‘The serving of husband is their residence with the Teacher.’ When the woman serves — attends upon and reveres her husband, she does what is meant to bo accomplished by ‘Residence with the Teacher.’ The study of the Veda could be done by the woman only if she resided with the Teacher; and as there is no ‘Residence with the Teacher’ in her case, how can there be any studying of the Veda? ‘Household duties’; — all that she does in the course of her household work, — e.g., cooking, getting together of articles for household use, general supervision, and so forth, which are going to be described in discourse IX, ‘the husband should employ her in saving wealth &c., &c.’ (9.11). These household duties are for the woman what the ‘bringing of fuel’ in the morning and evening is for the Religious Student (male). The term ‘tending of fire’ stands for all the observances and vows that the student keeps.

By reason of the ‘Marriage’ having taken the place of the ‘Initiatory Ceremony’ (for women), it follows that, just as in the case of men, all the ordinances of Śruti and Smṛti and custom become binding upon him after the Initiatory Ceremony, before which they are free to do what they like, and are unfit for any religious duties, — so for women, there is freedom of action before Marriage, after which they become subject to the ordinances of Śrutis and Smṛtis.

Or, we may interpret the text as follows: — Marriage constitutes the Vedic Sacrament — i.e., TJpanayana — for females; even though marriage is not really the Upanayana, yet it is spoken of as such attributively. The question arising as to whence lies the similarity by virtue of which Marriage is spoken of as Upanayana, the text adds — ‘the serving of the husband &c., &c.’ — (67)

The next verse sums up the contents of the section —

 

Explanatory notes by Ganganath Jha:

‘Vaivāhikovidhiḥ’ — ‘Sacrament performed with Vedic texts’ (Nandana and Rāghavānanda); — ‘Sacrament for the purpose of learning the Veda’ (Medhātithi and Nārāyaṇa).

This verse has been quotçd in Gadādharapaddhati (Kālasāra, p. 220) to the effect that for women Marriage itself is Upanayana; — in Smṛticandrikā (Saṃskāra, p. 61), which notes that for women, ‘attending’ on husband takes the place of ‘service of the teacher,’ and ‘household duties’ take the place of ‘tending the fire,’ and that for girls also, before marriage, there are no restrictions regarding food and other tilings; — and in Vīramitrodaya (Saṃskāra, pp. 403-4), where it is discussed along with the preceding verse (see note on 66). This verse has been taken as excluding women from Upanayana, entirely. But the author points out that this is not right; and he sets forth his well-considered opinion at the end (see note on 66); and the present verse he takes only as laying down a substitute for the Upanayana in the case of those women who are not Brahmavādinīs.

Vīramitrodaya proceeds to explain the verse to mean that ‘vaidikaḥ saṃskāraḥ’ — ‘the sacrament which is gone through for the purpose of studying the Veda,’ — i. e., Upanayana — consists, in the case of women, in the ‘rites of marriage’; i. e., consecration brought about by the marriage-rites, as has been “declared’ by the ancients. It points out that such is the meaning of the verse with the words ‘Saṃskāro vaidikaḥ smṛtaḥ’ as read by Medhātithi; but Mitākṣarā and other works adopt the reading ‘aupanāyanikaḥ smṛtaḥ’ instead of ‘saṃskāro vaidikaḥ smṛtaḥ’, which means that marriage rites serve the purpose of Upanayana rite; so that marriage would be for women what Upanayana is for men.

This verse is quoted also in Madanapārijāta (p. 37), which also adopts the reading ‘aupanāyanikaḥ smṛtaḥ.’

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 22.32. — ‘For women Marriage is the sacrament.’

Vìsmt-Smṛti, 27-15. — ‘The Marriage of women is with mantras.’

Yājñavalkya, 1.13. — ‘For women, Marriage is with mantras.’

Yama (Vīramitrodaya-Saṃskāra, p. 402). — ‘In former times, for girls also there was Upanayana, also the teaching of the Veda and the pronouncing of the Sāvitrī. But she should be taught by her father, uncle or brother, none else. For the girl, alms-begging is to be done in her own home; and she should avoid the skin, the rags and also matted locks.’

 

 

VERSE 2.68

Section XV - Sacraments for Females

 

एष प्रोक्तो द्विजातीनामौपनायनिको विधिः ।
उत्पत्तिव्यञ्जकः पुण्यः कर्मयोगं निबोधत ॥६८॥

eṣa prokto dvijātīnāmaupanāyaniko vidhiḥ |
utpattivyañjakaḥ puṇyaḥ karmayogaṃ nibodhata ||68||

 

Thus has been described the Initiatory Ceremony of twice-born men, — that which sanctifies them and marks their (real) birth. Learn now the duties to which they should apply themselves. — (68)

 

Medhātithi’s commentary (manubhāṣya):

So far we had the section dealing with the Initiatory Ceremony. All that has been said here pertains to that ceremony.

“Well, if so, then the Keśānta (spoken of in 65) would also pertain to the Initiation.”

Not so, as that sacrament has been laid down as to be performed at its own time, which comes long after the

Initiatory Ceremony has been finished. So that, even though it is mentioned in the same context, it becomes connected with other rites by virtue of the force of syntactical connection. Thus it is that some people regard the Keśānta as to be done after the Final Bath (to say nothing of the Initiation).

The term ‘aupanāyanika’ means pertaining to the Upa nayana, the initial vowel being prolonged, as in other cases explained before.

‘Birth’ — being born from their parents; this is what is ‘marked’ — manifested, perfected — by the said ceremony; even though born, the boy, before Initiation, is as good as not born; as till then he is not entitled to any religious acts. Hence the ceremony is what ‘marks’ his birth.

‘Sanctifies’ — this has been already explained.

The duties with which the initiated boy becomes connected — to which he becomes entitled, — those that should be performed by the initiated bov — all these are going to be expounded; — these ‘now learn’ — (68)

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra, 1.26.9-17. — ‘Those who are not Śūdras, whose acts are not defective, for them, Upanayana, Vedic study, Fire-laying are all effective; — the Upanayana is a Vedic sacrament for purposes of study: it is the best birth.’

Gautama-Dharmasūtra, 1.10. — ‘The Upanayana is the second birth for the Brāhmaṇa.’

 

 

VERSE 2.69 [General Duties of Twice-born Men]

Section XVI - General Duties of Twice-born Men

 

उपनीयं गुरुः शिष्यं शिक्षयेत्शौचमादितः ।
आचारमग्निकार्यं च सन्ध्यौपासनमेव च ॥६९॥

upanīyaṃ guruḥ śiṣyaṃ śikṣayetśaucamāditaḥ |
ācāramagnikāryaṃ ca sandhyaupāsanameva ca ||69||

 

Having initiated the pupil, the Teacher should, first of all, teach him cleanliness, right behaviour, firetending and also the twilight-devotions. — (69)

 

Medhātithi’s commentary (manubhāṣya):

‘Should teach’ — should make him learn.

‘First of all’; — this does not mean that Cleanliness should be taught before Right Behaviour and the rest; in fact, there is no order of sequence intended among those mentioned here; all that the text is going to lay down is that after the Initiation there should he the teaching of the observances; and after the pupil has been instructed regarding the observances, he should proceed with the study of the Veda. Hence if the text meant that the boy should be taught Fire-kindling and the Twilight-Devotions before being taught the observances, it would be laying down for him the reciting of mantras not prescribed anywhere else, — because each of the two acts mentioned is performed with mantras. As for ‘cleanliness,’ there can be no fixed time for it; and it must be taught on the very day on which the boy has been initiated. So also ‘Right Behaviour.’ For these reasons it is clear that the phrase ‘first of all’ is meant to denote importance, and it does not mean that it is to be taught before everything else.

‘Cleanliness’ — stands for all those acts that begin with the washing of the private parts, once, &c., &c. (5. 136) and ending with the sipping of water.

‘Right Behaviour’ — rising to receive the Teacher and other superiors, offering them seat and saluting them.

‘Fire-tending’ — the kindling of fire, and supplying of fuel.

The devotion offered at twiligh, to the Sun, consists in meditating upon the form of the Sun. This is what is meant by the ‘Twilight-Devotions.’ Or, it may refer to what is going to be prescribed below, in verse 101.

This is what constitutes the ‘Duty relating to Observances.’ — (69)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta (p. 491).

 

Comparative notes by various authors:

Yājñavalkya, 1.15. — ‘The Teacher, having initiated the pupil, should teach him the Mahāvyāhṛtis and the Veda, and then instruct him regarding cleanliness and practices.’

Āśvalāyana-Gṛhyasūtra, 22.1. — ‘Having tied the girdle-zone and handed over the staff, he should instruct him regarding the duties of studentship, addressing him thus; — “Thou art a religious student, sip water, do your duty, sleep not during the day, under the guidance of your teacher study the Veda.”

Gautama-Dharmasūtra, 1.12; 3.5. — ‘He is a Teacher, because he expounds the Veda; — the student should remain under the Teacher.’

Āpastamba-Dharmasūtra, 1.1.9, 12, 14. — ‘Upanayana is the Vedic sacrament, for one who is seeking after knowledge; for that purpose one should seek an initiator who would belong to a noble family and be endowed with learning and self-control, — and under him one should remain till the completion of his study; — he is called Ācarya because be contributes to the accumulation (ācinoti) of Dharma.’

Arthaśāstra (p. 30). — ‘For the student, Vedic study, Fire-feeding, Bathing, Living on alms, Attending on the Teacher till death, and in his absence, on his son or on a fellow-student.’

 

 

VERSE 2.70 [Rules of Study]

Section XVII - Rules of Study

 

अध्येष्यमाणस्त्वाचान्तो यथाशास्त्रमुदङ्मुखः ।
ब्रह्माञ्जलिकृतोऽध्याप्यो लघुवासा जितैन्द्रियः ॥७०॥

adhyeṣyamāṇastvācānto yathāśāstramudaṅmukhaḥ |
brahmāñjalikṛto'dhyāpyo laghuvāsā jitaindriyaḥ ||70||

 

When about to study, he shall be taught with his face to the north, when he has sipped water according to law, has formed the Brahmāñjali (with his hands), wears light clothing and has the organs under full control. — (70)

 

Medhātithi’s commentary (manubhāṣya):

The Future ending (in ‘adhyīṣyamāṇaḥ’) denotes the immediate future; and means ‘when engaging in study,’ ‘when beginning to study,’ ‘when desiring to proceed with his study.’

‘He shall be taught, with hist face to the north.’ — Gautama (1.65) has laid down that ‘the pupil should face the east, while the Teacher faces the west.’

‘When he has sipped water according to law’ — refers to the rules prescribed above regarding the sipping of water.

The compound ‘brahmāñjalikṛtaḥ’ is to be expounded as ‘he by whom Brahmāñjali has been formed.’ the past participal adjective (‘kṛtaḥ’)being placed at the end, according to Pāṇini 2.2.37; — the present compound being analogous to such compounds as ‘āhitāgni’ and the like. Or, we may read ‘brahmāñjalikṛt.’

‘Wears light clothing’; — i.e., with clothes thoroughly washed; a thorough washing always makes the cloth ‘light’; hence ‘lightness’ indicates cleanliness. Or, ‘light clothing’ may be taken in its literal sense, the lightness of the clothing being meant to serve a visible purpose: if the boy were

Heavily clad in thick woolen clothes, he would not feel the strokes of the rope with which he would be struck when found to be inattentive, and not feeling the stroke, he would not study in the proper manner; and if the teacher, on this account, found it necessary to remove the cloth from the back (each time that the rope would be laid on the back), this would tire the teacher himself; and further, if the boy were struck with the rope on the naked body, he, would feel great pain.

‘One who has his organs under full control’; — i.e., one who has fully subdued all bis organs, both external and internal. The sense is that he should not turn his eyes this way and that, should not listen to anything and everything that may be talked of, he should devote all his attention to his own study. — (70)

 

Explanatory notes by Ganganath Jha:

‘Laghuvāsāḥ’ — Lightly cothed, — clothed with washed, and hence light, dress’ (Medhātithi); — ‘with clean clothes (Kullūka); — ‘clothed in dress which is not gorgeous, i. e. which is less valuable than the Teacher’s’ (Rāghavānanda).

This verse is quoted in Vidhānapārijāta, (p. 521); in Madanapārijāta (p. 99); — and in Vīramitrodaya (Saṃskāra, p. 523), which having adopted the reading prā?listu kṛtāpośo for ???likṛto'dhvāpyo explains that the presence of the two words ‘āchāntaḥ’ and ‘kṛtāpośo’ — both of which denote ācamana — makes it clear that the ācamana is to be done twice.

Burnell refers to Ch. XV of Prātiśākhya of the Ṛgveda.

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 136), which notes that this ‘ācamana’ forms part of the act of Reading; — in Saṃskāramayūkha (p. 50) which has the same note; — in Saṃskāraratnamālā (p. 315); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 47a).

 

Comparative notes by various authors:

Kāmandaka (2. 22-23). — ‘The duties of the Religious Student are — to live in the house of his preceptor, to tend the sacred fires, to study the Veda and its auxiliaries, to observe vows, to perform ablutions three times, to beg alms, and live with the teacher all his life In the absence of the preceptor, he may live with the preceptor’s son, or with one of his fellow-students; — or if he likes, he may adopt another mode of life.’

Gautama-Dharmasūtra, 1. 52, 54, 60. — ‘Touching the organs with Kuśa-grass; — permitted by the teacher, he should sit to the right of the teacher, facing the East or the North; touching the teacher’s left foot, with his hand, be should address the request to the teacher, saving “Please sir, teach.”

Śaṅkha-Smṛti, 3. 5. — ‘Being permitted by the teacher, one should begin reading, adopting the Brahmāñjali attitude, respectfully looking on the teacher’s face.’

Laghu-Vyāsa (Vīramitrodaya-Saṃskāra, p. 524). — ‘He who reads a verse, or a half or a quarter of it, without the teacher’s permission, is a stealer of Veda, and falls into hell.’

 

 

VERSE 2.71

Section XVII - Rules of Study

 

ब्रह्मारम्भेऽवसाने च पादौ ग्राह्यौ गुरोः सदा ।
संहत्य हस्तावध्येयं स हि ब्रह्माञ्जलिः स्मृतः ॥७१॥

brahmārambhe'vasāne ca pādau grāhyau guroḥ sadā |
saṃhatya hastāvadhyeyaṃ sa hi brahmāñjaliḥ smṛtaḥ ||71||

 

At the beginning and at the end op the (study of) the Veda, the feet of the Teacher should always be clasped; and the veda should me studied with joined palms; this is what has been called the ‘Brahmāñjali.’ — (71)

 

Medhātithi’s commentary (manubhāṣya):

Though the term ‘brahma’ has many meanings, yet, in view of the fact of the present context bearing on ‘study,’ it is taken here as standing for the Veda.

‘At the beginning of the Veda’; — the Locative ending denotes occasion; and since the context bears upon ‘study,’ the beginning meant is that of the action of study; and the ‘beginning’ stands for the very first recitation by the person concerned. And it is at this first recitation that the Teacher’s feet are to be clasped. The term ‘beginning’ here cannot stand for the first letters of the Vedas — ‘agnimīle’ (Ṛgveda), ‘ikhe tvorje’ (Yajurveda), ‘agna āyāhi’ (Sāmaveda); because these opening words could never form the occasion (for the clasping of the feet); for the simple reason that (being parts of the eternal Veda) they are ever present; while it is only what is itself occasional (occurring only at certain times) that can be the occasion for anything. Hence what is meant is that — ‘when one is going to begin the study of the Veda, he should clasp the Teacher’s feet, and having done that he should recite the words of the Veda and it does not mean that he should clasp the Teacher’s feet every time that he may study the Veda.

“The first moment of the act is what is called its ‘beginning’; and it is this beginning that is spoken of as the occasion. Now it is only what is existent that can form the occasion for anything; e.g., when living existence is regarded as the occasion for the performance of Agnihotra, it is the existence that is present. It is true that in some cases, the burning of the house and such other past events also are spoken of as the occasion for certain acts; but in these cases we accept them as such because that is what is actually prescribed. In the present instance however, the ‘beginning of study’ and ‘clasping of the feet’ should be regarded as simultaneous.”

Our answer to the above is as follows: — What is called ‘beginning’ here is the making up of one’s mind to study, and not the first moment of the act. The Boy makes up his mind to study as soon as the Teacher addresses to him the words ‘now read’; so that it is after this that the feet are to be clasped. This is intended to be the propitiation of the Teacher who is going to bestow a favour. Just as in the ordinary world, when a person is going to bestow a favour upon another, the latte? welcomes him with the words — ‘it is through you that I have been saved from this sin.’

This clasping of the feet is meant to embody the speechless request — ‘we are ready to proceed with our study’; for the Teacher is never to be directed with the words ‘now teach us.’ All that is to be done is that the Boy should approach him (and clasp his feet), with a view to remind him that it is time for study, and it is only after this approaching has been done, that the words of the Veda should begin to he recited.

Further, in view of the rule that ‘one should study the Veda with joined palms,’ if the boy were to study (with joined palms), he would he transgressing the rule regarding the damping of feet (if the study and the were meant to he simultaneous) [for one who would have his hands joined could not clasp the feet].

‘find’ — Ceasing, desisting from study.

Though the term ‘brahma’ is the subordinate factor in the compound (‘brahmārambhe’) yet, in as much as the term ‘end’ is a relative term, it is taken as correlated to the term ‘brahma’; specially because there is no other word in the text with which it could be connected.

‘Always’ — implies that this rule regarding the clasping of feet should he observed at the beginning and end of all future study, every day. If this word were not present, the rule would be taken as applying to only that ‘beginning of study’ which comes immediately after the Initiatory Ceremony; on the analogy of the Ārambhaṇīyā Iṣṭi, which is performed only at the beginning of the first sacrifice performed by the Agnihotrin, after he has done the ‘Fire-kindling,’ and not at that of each succeeding pūrnamāsa, which is performed every month.

From morning till such time as the daily routine of reciting two Chapters has not been finished, the whole is regarded as a single act of ‘study’; so that if at intervals, there is some obstruction, the resuming of study on the same day is not regarded as ‘beginning’; and at each resumption, the feet are not clasped. In another Smṛti we read — ‘The clasping of the Teacher’s feet should be done every day in the morning.’ Gautama, 2.53).

‘Having joined’ — making them touch one another.

‘Should be studied’; — what is meant is that the hands should he placed in that posture which resembles the tortoise.

‘This is Brahmāñjali’; — this explains the meaning of the term ‘brahmāñjali’ — (71)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Vīramitrodaya (.Saṃskāra, p. 532) where Sadā is explained as everyday at the time of study, and ‘pāda-grahaṇam’ as saluting- — and the second half is quoted on p. 524, as containing the definition of the ‘Brahmāñjali’; — and in Smṛticandrikā (Saṃskāra, p. 136).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra, 1.3.10. — ‘The teacher’s fee? should be clasped at both times, — at the time when one is going to read and also when he has read.’

Viṣṇu-Smrti, 30, 32. — ‘At the beginning and at the end of the reading of Veda, the clasping of the teacher’s feet should be done.’

Yājñavalkya. 1. 26. — ‘Then declaring himself — here I am — he should approach the teacher for purposes of study.’

Gautama-Dharmasūtra, 1. 52, 59. — ‘Clasping the left feet with his hand, he should address the teacher “Please sir teach me”; and he should clasp his feet at the beginning and at the end of the expounding of the Veda.’

Aṅgiras (Vīramitrodaya-Saṃskāra, pp. 523-524). — ‘At the approach of the Vedic lecture, and also at its close, the teacher’s feet should be clasped, as also when one returns from a journey.’ Āśvalāyana-Smṛti (Vīramitrodaya-Saṃskāra, 9. 524). — ‘The left hand with palm upwards, and the right with the palm downwards, the backs of the hands being firmly attached, the thumbs being firmly steady, — this attitude of the hands is called Brahmāñjali, because of its having been adopted first of all by Brahmā. This has to be adopted at the beginning of Vedic study, also at its completion, during the Brahmayajña, and also during the time that the Sāvitrī is being taught.’

Saṃvarta (Vīramitrodaya-Saṃskāra, 9. 524). — ‘Then he should road the Veda, looking at the teacher’s face, keeping the hands in control, placed over the knees.’

 

 

VERSE 2.72

Section XVII - Rules of Study

 

व्यत्यस्तपाणिना कार्यमुपसङ्ग्रहणं गुरोः ।
सव्येन सव्यः स्प्रष्टव्यो दक्षिणेन च दक्षिणः ॥७२॥

vyatyastapāṇinā kāryamupasaṅgrahaṇaṃ guroḥ |
savyena savyaḥ spraṣṭavyo dakṣiṇena ca dakṣiṇaḥ ||72||

 

The clasping op the teacher’s feet should be done with crossed hands: the left should be touched with the left and the right with the right. — (72)

 

Medhātithi’s commentary (manubhāṣya):

The ‘clasping of the Teacher’s feet’ mentioned in the preceding verse ‘should be done with crossed hands.’

In answer to the question as to what sort of the ‘crossing’ of hands should be done, the Author adds — ‘the left’ foot ‘should be touched with the left’ hand; it is mere touching that should be done, the Teacher should not be troubled by the foot being held for a long time. This ‘crossing’ is obtained by the two hands being simultaneously moved towards one another. That is, the feet having to be clasped by the pupil standing in front of the Teacher; the left hand is moved towards the right and the right towards the left; it is thus that the left foot becomes touched by the left hand and the right foot by the right hand. This is the ‘crossing of the hands.’

Others read the text as ‘vinyastapāṇinā,’ ‘with well-placed hands.’ The ‘placing’ being implied by the touching, what the addition of the epithet would imply is that the feet should not be touched merely with the finger tips, — in the way in which a red-hot piece of iron is touched, for fear of burning, — but the hands should be ‘well-plaed,’ actually held upon the feet. Pressing of the feet would cause pain to the Teacher, and is as such prohibited. Such is the explanation provided of this version of the text. — (72)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 455), where it is explained that the ‘left’ and ‘right’ of the second half stand for the left and right feet; so that the meaning is that the left foot of the teacher should be touched by the left hand and the right one by the right hand; and it quotes Baudhāyann laying down that the pupil should pass his hands from the knee downwards to the foot.

A similar explanation is given also in Parāśaramādhava (Ācāra, p. 300).

The verse is quoted also in Vidhānapārijāta (p. 52.1); — in Aparārka (p. 55), as laying down the ‘feet clasping’ of the teacher; — in Saṃskāramayūkha (p. 40), which says that ‘spraṣṭavyaḥ’ goes with ‘gurucaraṇaḥ’ understood; — and in Smṛticandrikā (Saṃskāra, p. 103), which explains the meaning to be that the left and right feet of the teacher are to be touched with the left and right hands respectively.

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1. 58. — ‘The clasping of the teacher’s feet.’

Gautama-Dharmasūtra, 6. 1. — ‘Every day on meeting, the feet of the teacher should be clasped.’

Gautama-Dharmasūtra (Aparārka, p. 55). — ‘Also daily in the morning, as well as at the beginning and end of Vedic lectures.’

Āpastamba-Dharmasūtra, 1.2.5.21-22. — ‘With the right hand clasping the right foot, he should touch it both up and down, along with the ankle; — according to others, the two feet should he clasped with the two hands.’

Āpastamba (Aparārka, p. 55). — ‘At sunrise, he shall meet the teacher and clasp his feet.’

Baudhāyana-Dharmasūtra, 1. 2. 26. — ‘Clasping the right foot with the right, and the left with the left hand, one obtains long life and goes to heaven.’

Paithīnasi (Vīramitrodaya-Saṃskāra, p. 455). — ‘With the palms of the two hands turned upwards, he should clasp the two feet of the teacher, the right with the right and the left with the left.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. V56). — ‘The clasping of the teacher’s feet should be done.’

Baudhāyana (Parāśaramādhava, p. 300). — ‘Touching his ears, concentrating his mind, he shall touch the teacher below his knees down to his feet, this is feet-clasping.’

Atri (Aparārka, p. 55). — ‘Ordinarily one should salute by raising the right band; hands should be joined in saluting a Vedic scholar; in the case of the teacher, the feet should he clasped.’

 

 

VERSE 2.73

Section XVII - Rules of Study

 

अध्येष्यमाणं तु गुरुर्नित्यकालमतन्द्रितः ।
अधीष्व भो इति ब्रूयाद् विरामोऽस्त्विति चारमेत् ॥७३॥

adhyeṣyamāṇaṃ tu gururnityakālamatandritaḥ |
adhīṣva bho iti brūyād virāmo'stviti cāramet ||73||

 

When the pupil is going to study, the Teacher, ever free from indolence, should say — ‘ho, read!’ and he should cease when he says ‘let there be a stop!’ — (73).

 

Medhātithi’s commentary (manubhāṣya):

‘When going to study’ and the other expressions have already been explained before. The present verse adds a direction for the Teacher. When a boy is desirous to read the Veda from a Teacher, he should be invited with the words ‘ho, read!’ Until he is so invited, the Boy should not press the Teacher with such importunate requests as — ‘please teach us this chapter!’ Another Smṛti has declared — ‘One should study on being invited to do so’. (Yājñavalkya, Ācāra, 27).

Saying the words ‘let there be a stop,’ ‘he should cease’ — desist, — ‘who is to cease?’ — The Teacher; as is clear from the nominative case-ending used. Or, it may be taken to mean that the pupil should cease only when dismissed by the Teacher, and not according to his own wish; the construction of the passage in this case being — ‘when the Teacher says let there be a stop, then the pupil should cease.’

Other people have explained this rule regarding the time of ceasing as applying to all readers — the pupil as well as the Teacher. And this is in accordance with another Smṛti, which says — “Having recited the Veda, at the time of ceasing, one should touch the ground with the fore-finger and pronounce ‘svasti’ in the case of the Yajurveda, ‘vispaṣṭām’ in the case of the Sāman, ‘virāmaḥ’ in the case of the Ṛgveda and ‘āramasva’ in the case of the Atharva.”

‘Free from indolence’ — without sloth; ‘indolence’ is sloth; — the man beset with sloth is called ‘indolent’; and when he has given it up he is called ‘from indolence.’ This is meant to be merely descriptive. ‘Indolence’ here does not mean fatigue. The present text should never be taken to mean that what is here laid down is for only one who is free from indolence, while for those beset with indolence there is some other rule. — (73)

 

Explanatory notes by Ganganath Jha:

Nārāyaṇa and Nandana read ‘adhyeṣyamāṇastu gurum etc,’ which means — ‘the pupil, proceeding to study, shall say to his Teacher etc., etc.’

This verse is quoted in Parāśaramādhava (Ācāra, p. 136), where the verse is explained to mean that — ‘each day at the beginning of the teaching, the Teacher should begin the work with the word ‘Ho! read;’ and at the end, should finish with the words ‘Let there he a stop;’ and it adds that all this is to be done for the purpose of ‘pleasing God.’

The verse is quoted also in Madanapārijāta (p. 100); — in Vidhānapārijāta (p. 521); — in Vīramitrodaya (Saṃskāra, p. 514); — in Saṃskāramayūkha (p. 52); — and in Smṛticandrikā (Saṃskāra, p. 142), which explains ārame as ‘should desist from teaching.’

 

Comparative notes by various authors:

Gautama- Dharmasūtra, 1. 52. — ‘Clasping the left, foot with his hand, he should address the request to him — pray read.’

Āpastamba-Dharmasūtra, 1.3.10,13,15. — ‘When one desirous of learning meets a learned man, he should obtain his permission and then proceed to read; and having approached near the teacher, he should read after having requested the teacher to please read.’

 

Yama (Vīramitrodaya-Saṃskāra, p. 514). — ‘Regularly rising in the morning, he should cleanse his teeth, bathe, pour libations into fire; then the man should carry on teaching.’

Āpastamba (Vīramitrodaya-Saṃskāra). — ‘One should avoid teaching on the bed; he should never teach on the bed whereupon he sleeps.’

 

 

VERSE 2.74

Section XVII - Rules of Study

 

ब्रह्मणः प्रणवं कुर्यादादावन्ते च सर्वदा ।
स्रवत्यनोङ्कृतं ?? पूर्वं परस्ताच्च विशीर्यति ॥७४॥

brahmaṇaḥ praṇavaṃ kuryādādāvante ca sarvadā |
sravatyanoṅkṛtaṃ ?? pūrvaṃ parastācca viśīryati ||74||

 

One should always pronounce the Praṇava in the beginning and at the end of the Veda. if it is not accompanied by the syllable ‘oṃ’ in the beginning, it trickles away; and (if it is not accompanied by it) at the end, it becomes shattered. — (74)

 

Medhātithi’s commentary (manubhāṣya):

Here also, in accordance with what has gone before (under 71), ‘one should pronounce the Praṇava in the beginning and at the end of the Veda’; — which means that the syllable is to be pronounced in the beginning and at the end of the action of reading the Veda.

The term ‘praṇava’ stands for the syllabic ‘oṃ’; as is clear from what the text adds later on — ‘not accompanied by the syllable oṃ.’

‘Always’ — has been added in order to show that the rule applies to every act of study. Without this term it would appear, from the context, that it applies to only that first study by the Religious Student which is done for the getting up of the text. When the adverb ‘always’ has been added, it becomes clear that the rule applies to all forms of studying, — that which is done for the purpose of keeping the memory of the text fresh, or that which is done by the Householder and other people in obedience to the injunction that ‘the Veda should be studied every day.’ As regards the reciting of Vedic mantras during the Twilight Prayer, etc., the use of the syllable ‘oṃ’ the author is going to enjoin directly (in Verse 78). What is laid down here is not meant to be a necessary accompaniment of the Veda, — which would mean that the rule is to be followed whenever one pronounces any Vedic passage; thus it is that the Praṇava is not used with Vedic mantras on the following occasions: at oblations poured into fire, or during the japa of mantras, or in course of the teaching of scriptures, or at the recitation of the ‘Yājyā’ and other hymns, or when Vedic passages are quoted only by way of illustration. From all this it follows that the adverb ‘always’ is meant to show only that the rule laid down applies to that study of the Veda which forms the subject-matter of the context. As for the necessity of using the Praṇava at the beginning of one’s daily study, this is secured by the construing of the term ‘always’ of the preceding verse with the present one.

In praise of what has been enjoined the text adds — ‘If it is not accompanied by the syllable oṁ, etc.’ If, in the beginning, the Veda is not accompanied by the syllable ‘oṃ,’ it trickles off. The compound ‘anoṅkṛtam’ is to be expounded as ‘that which is not accompanied, — i.e., sanctified — by the syllable oṃ’ according to Pāṇini, 2. 1. 32; or, it may be expounded as ‘that Veda in which the syllable oṁ is not uttered,’ — the order of the terms in this case being in accordance with the rule laid down in connection with the ‘Sukhādi’ group, according to Pāṇini, 6. 2. 170.

‘At the end’ — at the close. The particle ‘and’ indicates that the term ‘not accompanied by the syllable om’ is to be construed here also.

‘Trickles off- — becomes shattered.’ — Both these terms are meant to indicate the futility of the study. The sense being that that religious act, in which the Veda studied in the said defective fashion is used, absolutely fails to accomplish its purpose. This is an Arthavāda meant to be deprecatory of the said method of study. When milk is placed in a pot, the milks passes off all round; and this is what is called ‘trickling off’; and if the milk becomes destroyed after it has been boiled and become solidified, this is what is called ‘becoming shattered.’ — (74)

 

Explanatory notes by Ganganath Jha:

‘Viśīryati ’ — avasthitim na labhate, ‘does not obtain any standing’ (Kullūka); — ‘becomes absolutely useless’ (Medhātithi); — ‘is not understood’ (Govindarāja and Nārāyaṇa),

This verse is quoted in Madanapārijāta (p. 99); — in Vidhānapārijāta (p. 521); — and in Smṛticandrikā (Saṃskāra, p. 136) in support of the view that the Praṇava should he pronounced at the close of the reading also.

 

Comparative notes by various authors:

Apastamba-Dharmasūtra, 4. 13. 16. — ‘The syllable Om is the gate of Heaven; therefore when going to read the Veda, one should begin with it.’

Viṣṇu-Smṛti, 30,33. — ‘The Praṇava should be pronounced.’

 

 

VERSE 2.75

Section XVII - Rules of Study

 

प्राक्कूलान् पर्युपासीनः पवित्रैश्चैव पावितः ।
प्राणायामैस्त्रिभिः पूतस्तत ओं।कारमर्हति ॥७५॥

prākkūlān paryupāsīnaḥ pavitraiścaiva pāvitaḥ |
prāṇāyāmaistribhiḥ pūtastata oṃ|kāramarhati ||75||

 

Seated upon Kuśa-blades pointing eastwards and sanctified by Kuśa-blades, when one has purified himself by means of three ‘breath-suspensions,’ — then alone he becomes entitled to the syllable ‘oṃ.’ — (76)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘kūṭa’ means ‘kuśa-blade’; — ‘Seated upon’ them, — i.e., seated upon kuśa-blades pointing eastwards. The accusative ending in ‘kūṭān’ being in accordance with Pāniṇi 1. 4. 46, ‘adhisthīnsthāsām karma,’ where the latter part consists of the factors ‘athā’ — ‘ā’ — ‘āsām.’ In the word ‘paryupāsīnaḥ’ also we have an ‘ā’, the word containing the factors ‘pari’ — ‘upa’ — ‘ā’ — ‘āsīnaḥ’; the prefixes ‘pari’ and ‘upa’ having no significance at all.

‘Sanctified by kuśa-blades’; — i.e., having been made pure. The term ‘pavitra’ cannot stand for the Aghamarṣaṇa and other mantras; for the simple reason that at the time that the text is being dealt with, the student has not read those mantras. Nor are kuśa-blades capable, by their mere presence, to bring about purification for one who does no (purificatory) act; thus then, the necessity of some intervening act being essential, we are led to conclude, on the basis of another Smṛti, that this act is in the form of touching the sense-organs; Gautama (1.48-50) having prescribed ‘the touching of the organs with Kuśa-blades and seating upon Kuśa-blades pointing eastwards.’

‘Purified by means of three Breath-suspensions’ — The air passing through the mouth and the nostrils is called ‘prāṇa,’ ‘breath’; and the ‘āyāma’ of this is its suspension, holding within the body, preventing its going out. Another Smṛti (Yājñavalkya, Ācāra, 23) has laid down the measure of the time during which the breath is to be suspended — as also the mantra accompanying it, — “One, witholding his breath, should mutter three times the Gāyatrī along with the Praṇava and the Śiras, — this is what is called ‘Breath-suspension’.” The revered Vaśiṣṭha has added to these the Great Vyāhṛtis also. It is the end of the mantra that should mark the end of the suspension, no other limit for it being prescribed. In as much as all Smṛtis are meant to serve the same purpose, we must accept this same method of ‘Breath-suspension’ to be meant by the present text also, specially as there is no inconsistency with it.

Objection. — “What has been said here involves a mutual interdependence: until the Breath-suspensions have been performed one should not pronounce ‘Oṃ,’ while without this syllable ‘Oṃ’ there can be no ‘Breath-suspension’.”

There is nothing wrong in this. When Yājñavalkya lays down that ‘one should mutter three times; etc.,’ all that is meant is the mental act of remembering, thinking of, the syllable ‘Oṃ’; for when the breath is suspended, there can be no utterance of any syllable; though it is true that ‘Japa,’ ‘Reciting,’ is (in most cases) something that can be accomplished only by an operation of speech. In connection with the reading of the Veda however, what is intended is actual utterance of the syllable; and this for the simple reason that the act of reading consists of actual utterance — the root (in ‘adhyayana’) signify ing the waking of sound, and sound is that which is heard by the Ear, and not that which is cognised only by the mind.

What is prescribed here is not something applicable to the syllable ‘Oṃ’ itself, — whereby it could be made applicable to the uttering of the syllable on other occasions also. It has been said that the syllable should be pronounced at the beginning of Vedic study; but if the. rule here laid down were meant to be applicable to all utterances of the syllable, it would have to be observed in connection with such utterances of it in ordinary parlance as when one says ‘we say yes (oṃ).’

Then again, Gautama (l.49) has declared that. ‘the three Breath-suspensions extend over fifteen moments.’ The term ‘mātrā,’ ‘moment,’ stands for that point of time which is taken up in the pronouncing of a simple unmodified vowel; and in as much as this cannot be consistent with the time-limit prescribed by Yājñavalkya, this latter cannot be accepted as applicable to what is prescribed by Gautama; in which connection again no mantras are laid down. From this it is clear that there can be ‘Breath-suspensions’ even without the uttering of the syllable ‘oṃ.’ And thus there need be no mutual interdependence.

Then alone does the man ‘become entitled to the syllable oṃ’; — i.e., to the ‘pronouncing’ of the syllable, — the word ‘pronouncing’ having to be supplied if the entire term ‘oṅkāra’ is taken as standing for the Praṇava. If however we take the term ‘kār’ separately in the sense of making, — so that ‘oṁkāra’ means the making or uttering of the syllable ‘oṃ,’ — then we do not need to supply any other word. The uttering of the syllable having been laid down (under 74), where it is called ‘praṇava’; — the term ‘oṅkāra’ in the present sense simply serves the purpose of explaining what that ‘praṇava’ is.

So that ‘praṇava’ and ‘oṅkāra’ are synonymous terms; as we have already pointed out (in the Bhāṣya on 74). — (75)

 

Explanatory notes by Ganganath Jha:

‘Pavitraiḥ’ — ‘Kuśa-blades — by which the seat of the vital airs is touched’ — (Medhātithi); — ‘The Aghamarṣaṇa’ and other Vedic texts (noted by Medhātithi, but rejected by him, though adopted by Nandana). Burnell has translated the term as ‘grass-rings on the third finger’; — this is in exact conformity with the present usage, where a blade of Kuśa, twisted into the form of a ring, is worn on the third finger on the occasion of all religious ceremonies.

This verse is quoted in Vidhānapārijāta (p. 521); — in Vīramitrodaya (Saṃskāra, p. 522), which explains ‘prākkūlān’ as prāgagrān ‘pointing eastwards’, — and ‘pavitraiḥ’ simply as ‘pāranaiḥ’ ‘purificatories’; — in Saṃskāramayūkha (p. 49), which explains ‘prākkūlān’ as ‘with tips pointing towards the east’; — in Saṃskāraratnamālā (p. 316) which has the same explanations and adds that it refers to Kuśa-blades; — in Smṛticandrikā (Saṃskāra, p. 135) which has the same explanation and explains ‘pavitraiḥ’ as purificatory; — also in Nṛsiṃhaprasāda (Saṃskāra, p. 471).

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1.51-56. — ‘The sense-organs should be touched with Kuśa-blades; — there should be three Breath-suspensions, of fifteen units; and the seat should be on Kuśa-grass pointing eastwards.’

Baudhāyana-Dharmasūtra, 2.4.5,7. — ‘At the commencement of the performance of all acts, as also before the Twilight Prayers, one should sprinkle himself with the sanctifying blades and thereby prepare himself; — to this effect it is declared that seated on Kuśa-blades, holding Kuśa-blades in the hand, sprinkling himself with water, one should repeat the Gāyatrī a thousand times; — being purified with three Breath-suspensions.’

Kūrmapurāṇa (Vīramitrodaya-Āhnika, p. 254). — ‘Seated on Kuśa-blades pointing eastwards, with mind collected, he should perform throe Breath-suspensions and then the Twilight Prayers.’

 

 

VERSE 2.76

Section XVII - Rules of Study

 

अकारं चाप्युकारं च मकारं च प्रजापतिः ।
वेदत्रयान्निरदुहद् भूर्भुवः स्वरितीति च ॥७६॥

akāraṃ cāpyukāraṃ ca makāraṃ ca prajāpatiḥ |
vedatrayānniraduhad bhūrbhuvaḥ svaritīti ca ||76||

 

Out of the three Vedas, Prajāpati milked the letter ‘a,’ the letter ‘u’ and the letter ‘m’; as also the syllables ‘bhūḥ-bhuvaḥ-svaḥ.’ — (76)

 

Medhātithi’s commentary (manubhāṣya):

This verse is a valedictory supplement to the foregoing injunction.

The syllable ‘oṁ’ is an aggregate of the three letters ‘a,’ ‘u’ and ‘m’; and the present verse describes the origin of each of these.

‘Out of the three Vedas’ — from the three Vedas.

‘Milked’ — churned out; just as butter is churned out of the curd.

Not only the three letters, but also something else, in the shape of the syllables ‘bhūḥ-bhuvaḥ-svaḥ.’ — (76)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 33), as laying down the exact form of the Praṇava and of the three Mahāvyāhṛtis.

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 55.10. — [The same words as Manu.]

Baudhāyana-Dharmasūtra, 2. 10. 69. — ‘The Praṇava is the soul of the Veda.’

 

 

VERSE 2.77

Section XVII - Rules of Study

 

त्रिभ्य एव तु वेदेभ्यः पादं पादमदूदुहत् ।
तदित्यर्चोऽस्याः सावित्र्याः परमेष्ठी प्रजापतिः ॥७७॥

tribhya eva tu vedebhyaḥ pādaṃ pādamadūduhat |
tadityarco'syāḥ sāvitryāḥ parameṣṭhī prajāpatiḥ ||77||

 

Out of the three Vedas again, the Supreme Prajāpati milked each foot of the Sāvitrī verse beginning with ‘tat.’ — (77)

 

Medhātithi’s commentary (manubhāṣya):

The present verse is a valedictory description of the origin of the Gāyatrī -verse beginning with the words ‘tat savitur vareṇyam,’ which serves the purpose of introducing the coming injunction. As for the injunction of the Vyāhṛtis, this is to be deduced from the valedictory description contained in the preceding verse. As for the actual order in which the several syllables have to be pronounced, that is ascertained from the order in which they are found mentioned in tho text. The author is also going to lay down in the next verse — ‘They should pronounce this syllable (om), and this verse (‘tat savitur, etc.’), preceded by the Vyāhṛtis.’

‘Milked’ — churned out.

“Beginning with ‘tat’;” — though this being all that the text says, it might refer to an altogether different verse — ‘tat savitur vṛṇimahe, etc.’ (Ṛgveda, 5. 82. 1), which is not three-footed, — yet it is the three-footed verse that should he taken as referred to here; and it is the ‘Sāvitrī’ verse that is three-footed.

In as much as Kaśyapa and other sagos are also called ‘Prajāpati,’ the text has added the qualification ‘Supreme’; so that it is Hiraṇyagarbha that becomes specified; as it is He who dwells on, the highest spot, from where there is no reversion (to worldliness).

This has been added with a view to show the extreme importance of the Sāvitrī verse; — it was churned by the highest of all Prajāpatis, out of the Vedas. — (77)

 

Explanatory notes by Ganganath Jha:

Hopkins — “This verse is one of the most famous in literature, Whitney has discussed it in Vol. I., pp. 111-112 of the new edition of Colebrook’s Essays. His translation runs as follows — ‘Of Savitar, the heavenly, that longed-for glory may we win, and may himself inspire our prayers.’

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 52), as supporting the view that the gāyatrīmantra, is ‘born of the Veda’ par excellence-, — also in Vīramitrodaya (Saṃskāra, p. 338).

 

Comparative notes by various authors:

Viṣṇu-Smṛti, 50.11. — [Reproduces the words of Manu.]

Āpastamba Dharmasūtra, 1. 1. 1-10. — ‘By all the Vedas, is the Sāvitrī expounded, — so says the Brāhmaṇa-text.’

 

 

VERSE 2.78

Section XVII - Rules of Study

 

एतदक्षरमेतां च जपन् व्याहृतिपूर्विकाम् ।
सन्ध्ययोर्वेदविद् विप्रो वेदपुण्येन युज्यते ॥७८॥

etadakṣarametāṃ ca japan vyāhṛtipūrvikām |
sandhyayorvedavid vipro vedapuṇyena yujyate ||78||

 

Reciting, at the two twilights, this syllable and this verse, preceded by the Vyāhṛtis, the Brāhmaṇa, learned in the Veda, becomes endowed with Vedic merit. — (78)

 

Medhātithi’s commentary (manubhāṣya):

Though this verse is syntactically connected with the section dealing with the Injunction of Vedic study, yet it is to be taken as embodying the injunction of recitation during the Twilight-Prayers; and as regards the ‘Gāyatrī’-verse itself, the mention of it (in the present verse) is merely for the purposes of reference (the injunction of its recitation having already gone before), while that of the Praṇava and the Vyāhṛtis forms the direct injunction of the recitation of these, which has not been enjoined anywhere else.

To this some people make the following objection: —

“This cannot be regarded as an Injunction pertaining to the Twilight Prayers; as these do not form the subject-matter of the present context. Even if it was an injunction, it could only be one pertaining to the Religious Student; as it is the Student whose duties are being propounded in the present context. But this is not possible, since the text has added the qualification ‘learned in the Veda’; and certainly the student just initiated could never be ‘learned in the Veda.’ Further, the text also adds a particular fruit — ‘becomes endowed with Vedic merit’; while the Injunction of the Twilight-Prayers is a compulsory one. Then again, we do not understand what is this fruit, called ‘Vedic merit’ which is described as proceeding from the recitation. If what is meant is the merit proceeding from the recitation of the Veda, and if the attaining of this merit is what is meant by being ‘endowed with Vedic merit’ — then, in regard to this view it has to be noted that so far as the Injunction of Veda-reciting is concerned — which forms the subject-matter of the present context, — there can be no other result proceeding from it, except the understanding of the meaning of tho Vedic texts; for the simple reason that no such result has been anywhere mentioned. Further, in as much as there is a perceptible result in the shape of the comprehension of meaning, there can be no room for the assuming of any other results. The injunction of Veda-reciting that there is for the Householder and others, — in the words ‘day after day one should recite the Veda’ — this also is a compulsory one; and the results mentioned in connection with it, in the shape of ‘milk, and honey, etc.,’ this is only a valedictory supplement. From all this it is clear that the present verse cannot be regarded as an Injunction (of recitation during the Twilight Prayers). Specially as, if it were taken as an Injunction, all the above difficulties will have to be explained. On the other band, if the verse be taken as a valedictory reference, then the term ‘reciting’ could be taken as referring to the Reciting of the Veda, which forms the subject-matter of the context; and in that case it would be possible to construe the term ‘Vedic merit’ also in some way or the other.”

Our answer to the above is as follows: —

It has been already explained that the implications of context are always set aside by those of Syntactical Connection; and for the very reason that the terms ‘learned in the Veda’ and ‘Twilight prayers’ are not connected with the subject-matter of the context, — the present Injunction is to be taken as pertaining to something else. The Injunction is simply to the effect that during the two Twilight Prayers one should pronounce the three expressions (Om — Sāvitrī verse — Vyāhṛtis); and the term ‘learned in the Veda’ is merely descriptive?

“But as a matter of fact, it is possible only for persons in the Householder and other stages to be ‘learned in the Veda’; the Student can never be so.

What has this possibility got to do with the matter? If the term is taken as merely descriptive of what is already known from other sources, then the injunction contained in the verse becomes applicable to people in all stages of life. While if the term ‘learned in the Veda’ were taken as a significant epithet of the Nominative agent (of the act enjoined), then the student would not be entitled to the act.

“Why should the term be taken as merely descriptive?”

For the simple reason that there would (otherwise) be a syntactical split. The injunction pertaining to the Injunction of the Twilight Prayers, what has to be enjoined regarding it is the reciting of the Praṇava and the Vyāhṛtis, which has not been enjoined anywhere else, Now, if in addition to these, something else were taken as enjoined, — in the form of ‘being learned in the Veda,’ — then there would be a syntactical split [the sentence in question containing two injunctions, (a) ‘should recite the Praṇava, etc.,’ and (b) ‘should learn the Veda’]; and it is not legitimate to enjoin (by means of a single sentence) several details pertaining to an act already enjoined. Nor is it possible (as another alternative) to take the mention of the Praṇava and the Vyāhṛtis as merely descriptive [because their injunction has not been met with anywhere else].

From all this it follows that what the Text means is as follows: — ‘In connection with the reciting of the Gāyatrī that has been enjoined in relation to the Twilight Prayers, there is this further detail that the said recitation is to lie preceded by the uttering of the Praṇava and the Vyāhṛtis.’

The mention of the ‘Brāhmaṇa' is only by way of illustration.

It has been argued above that — “the text speaks of a result, while the Injunction of the Twilight Prayers is a compulsory one.”

But what inconsistency is there in this? While what is enjoined is a compulsory act, the result mentioned may follow from the further detail mentioned in the text; the meaning being that ‘the said result follows from the previously enjoined Twilight Prayer, when it is accompanied by the recitation of the Praṇava and the Vyāhṛtis. Just as when the ordinary Agnihotra is performed with the water brought over in the milking vessel, there comes about the particular result in the shape of cattle; and this in (?) accordance with the injunction that ‘for one desiring cattle water should be brought in the milking vessel.’

It is on the strength of this last injunction that we have made bold to say what we have said above. In reality the injunction contained in the verse is not an optional one at all (meant only for those desiring the particular result mentioned). Specially as another Smṛti (Yājñavalkya, 1. 23) clearly lays it down as a compulsory injunction — ‘One should recite the Gāyatrī along with the Śiras, preceded by the Vyāhṛtis.’

Further, you have yourself argued that the exact nature of the result (‘Vedic merit’) cannot be ascertained (which is an argument against the text being taken as laying down a result). As a matter of fact, what ‘Vedic merit’ means is as follows: — ‘The merit that has been described in the Veda as resulting from the saying of the Twilight Prayers accrues to man only when he recites all the three expressions — and not by reciting the Gāyatrī only.’ ‘Puṇya,’ ‘merit,’ is excellence. Since Smṛtis are based upon the Veda, what is mentioned in the Smṛtis is also called ‘Veda-merit,’ which last expression stands for the ‘merit of the Veda.’

“What is the merit of the Veda?”

That (merit) which is expounded by the Veda. The merit that results from the Veda being recited may also be called ‘the merit of the Veda’; but by virtue of the specific relationship, it is what is expounded by the Veda, — and what is produced by it — that should be spoken of as ‘merit of the Veda.’ As for the producing of merit, this is done by other things also, such as sacrificial performances and the like; while the expounding of it is done by the Veda only.

Some people have taken the last foot of the Verse to mean as follows — “What has been enjoined as compulsory Vedic Study becomes fulfilled merely by reciting the three expressions during the Twilight Prayers.”

But this is not right. For if the present text meant this, then it would be providing an option to what has been laid down as the compulsory ‘Vedic Study’; and this would mean the partial rejection of this study. But so long as we can avoid it, it is not right to admit the rejection of any injunction.

‘This syllable’ — refers to the syllable ‘oṃ.’

“But this is not a single letter, containing as it does, two or three syllables.”

Our answer is that the term ‘syllable’ here stands for ‘vowel-sound’ and ‘contact with consonants.’ Hence the term denotes that which forms the subject-matter of the context.

‘This Verse’ — i.e., the Sāvitrī verse ‘tat saviturvareṇyam, etc.’

‘Preceded by the Vyāhṛtis;’ — i.e., that before which the Vyāhṛtis have been uttered. Here only the three Vyāhṛtis are meant, — these alone having been mentioned in the present context (in verse 76), — and not the seven, ending with ‘Satyam.’

 

Explanatory notes by Ganganath Jha:

Medhātithi (P.111,1.11) — Prāpte hi karmaṇi, &c.’ — This is a paraphrase of Kumārila’s dictum —

prāpte karmaṇi nāneko vidhātuṃ śakyate guṇaḥ |
aprāpte tu vidhīyante vahavo'pyekapatnataḥ |

This verse is quoted in Aparārka (p. 50), which explains ‘etadakṣaram’ as the Praṇava; — and in Nityāchārapaddhati, (p. 189).

 

Comparative notes by various authors:

(Verses 78-79)

Śaṅkha (Aparārka, p. 1220). — ‘The Brāhmaṇa stealing gold, or killing a Brāhmaṇa, or violating the teacher’s bed, or drinking wine, becomes absolved from the sin by repeating the Gāyatrī a lakh of times.’

Hārīta (Do.). — ‘The syllable om, the Vyāhṛtis and the Sāvitrī constitute the Sāvitra Pavitra, by which one becomes absolved from all sins; by repeating it a hundred times he becomes purified in a month; repeating it ten thousand times he has his soul entirely purified of all sins.’

Viṣṇusmṛti, 55.12 — [reproduces the words of Manu].

Baudhāyana-Dharmasūtra, 4.6. — ‘They declare that seated on kuśa-grass, holding kuśa-blades and water in the hand, he should repeat the Gāyatrī a thousand times.’

Baudhāyana-Dharmasūtra, 2.29. — ‘Breath-suspensions, accompanied by the Vyāhṛtis and the Praṇava, repeated sixteen times daily, purify even the embryo-murderer, in a month’s time.’

Vasiṣṭha-smṛti, 36-5 [reproduces the foregoing text of Baudhāyana].

Vasiṣṭha (Aparārka, p. 1220). — ‘On the commingling of all kinds of sin, the best purification consists in repeating the Gāyatrī ten thousand times.’

Nṛsiṃhapurāṇa (Vīramitrodaya-Āhnika, pp. 254-255). — ‘Having offered the Evening Prayers, while the sun is still visible, he should go on repeating the Gāyatrī till the stars become visible.’

 

 

VERSE 2.79

Section XVII - Rules of Study

 

सहस्रकृत्वस्त्वभ्यस्य बहिरेतत् त्रिकं द्विजः ।
महतोऽप्येनसो मासात् त्वचैवाहिर्विमुच्यते ॥७९॥

sahasrakṛtvastvabhyasya bahiretat trikaṃ dvijaḥ |
mahato'pyenaso māsāt tvacaivāhirvimucyate ||79||

 

Repeating this Triad a thousand times in open air, the twice-born person becomes freed, in a month, from even great sin, as the snake from its slough. — (79)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘bahiḥ,’ ‘in open air,’ stands for uncovered spot; the sense being that it should be done outside towns and villages, on the bank of rivers and such places.

‘A thousand times, repeating’ — reciting it again and again.

“The affix ‘kṛtvasuch’ (in the term ‘Sahasrakṛtvaḥ’) also signifies repetition, which is again denoted by the word ‘abhyasya’ also; so there is needless repetition.”

The repetition is not objectionable, in view of a distinction between general and particular. That is to say, the word ‘abhyasya’ denotes repetition in general, and when the question arises as to the particular number of repetitions, we have the text adding ‘a thousand times.’ Both the general and the particular could not be regarded as signified by the single word ending with the ‘kṛtvasuch’ affix; because this latter word always stands in need of a particular act (that has to be done a thousand times). The mere expression ‘devadattaḥ pan chakritvo’haḥ,’ ‘Devadatta five times during the day’ does not signify anything until the word ‘bhuṅkte,’ ‘Eats,’ is added.

“But the term ‘repeating’ also does not signify any particular act.”

True; but the act of reciting forms the subject-matter of the context; so that the repeating is understood as pertaining to that act; ‘repetition’ standing for attending to it again and again.

‘Even from great sin’; — he becomes freed from even such heinous sins as ‘Brāhmaṇa-killing’ and the like; what to say of minor offences?

‘Api,’ ‘Even,’ denotes possibility, not cumulation; cumulation is expressed when more things than one are mentioned separately; as in the sentence — ‘there is sovereignty of Devadatta, and of Yajñadatta also.’ There is no such separate mention in the text.

Question — “From what minor offences does the man become freed? Cow-killing and such acts have been regarded as ‘minor offences’; and for every one of these the scriptures have prescribed distinct expiatory rites along with all their details. While as regards those acts that are not done consciously, but which are regarded as must have been done, — though no definite expiation could be prescribed for them, yet they would be got rid of by means of the Twilight Prayers and such other compulsory rites prescribed for daily performance. Then again, if what is mentioned in the present verse were a real expiation, it should have come under the section on Expiatory Rites (Ch. XI); just as it is said (under 11. 77) — ‘One may recite the text of the Veda while keeping due restraint over food.’ Further, if the present verse were meant to prescribe an expiatory rite, the whole section dealing with Expiatory Rites (Ch. XI) would he superfluous. For, what accused person would omit to do the expiation consisting of the mere reciting of mantras, and go in for the very difficult rites endangering the body and very life itself? Says an old saying — ‘If honey were available in a place within easy reach, wherefore should one go to the hills? The desired end having been accomplished, which wise man could put forth further efforts?’ — and again — ‘What can he obtained for a single coin, no wise man purchases for ten coins.’ Nor can the verse be taken as a valedictory supplement to what forms the subject-matter of the context (i.e., Vedic Study), because there is no ground for connecting it syntactically with the context, — such grounds, for instance, as being found defective if taken apart from the context and so forth.”

Our answer to the above is as follows: — The present verse is a direct Injunction; and the act laid down is done for the removing of sins. It has been argued that — “What is laid down here (being too easy) could not be regarded as optional with those rites that are prescribed in a different context and are very much more difficult.” But it can certainly be taken as optional with those expiations which consist in Mantra-recitations. For instance, the reciting of the Mantra has been declared as destroying all sins; and with this what is laid down in the present verse could be taken as optional. In connection with the Aghamarṣaṇa-Mantra, three days fasting is prescribed, while according to what is laid down in the present verse, the man becomes freed by doing th e reciting for a month, but taking two ordinary meals every day. Thus the difference between the two is not so great as to lead us to regard them as very diverse in character.

Or, what is mentioned here may be taken as purifying the man from such past sins as arc indicated by the evil position of planets, etc.; and it is from these sins that the man becomes free. ‘Sin’ is something undesirable; from this the man becomes freed, — i.e., is not affected by the results of those sins.

‘Just as the snake from the slough,’ — just as the snake becomes freed from the cast-off skin. This means that the sin is completely removed.

For such past sins as are indicated by the discolouring of the skin and such other diseases, other Smṛtis have prescribed many expiatory rites. All this we shall explain under the section on Expiatory Rites.

It is in view of what, is said in the present verse that we have the saying — ‘There is no fall for people who go on reciting mantras and pouring libations.’ — (79)

 

Explanatory notes by Ganganath Jha:

‘Vahiḥ’ — Burnell represents Medhātithi as explaining this term to be ‘on a river-island and the like.’ This is not right; the word used by Medhātithi is ‘nadīpulinādau’ — which means ‘on the bank of rivers and such places’.

This verse is quoted in Aparārka (p. 1220) where ‘vahiḥ’ is explained as ‘outside the village’ — and ‘trikam’ as ‘the Sāvitrī along with the Vyāhṛtis’; — and in Gadādharapaddhai (Kālasāra, p. 30), which explains ‘trikam’ as (1) Praṇava. (2) Vyāhṛti and (3) Gāyatrī.

 

Comparative notes by various authors:

(Verses 78-79)

See Comparative notes for Verse 2.78.

 

 

VERSE 2.80

Section XVII - Rules of Study

 

एतयाऋचा विसंयुक्तः काले च क्रियया स्वया ।
ब्रह्मक्षत्रियविद्योनिर्गर्हणां याति साधुषु ॥८०॥

etayāṛcā visaṃyuktaḥ kāle ca kriyayā svayā |
brahmakṣatriyavidyonirgarhaṇāṃ yāti sādhuṣu ||80||

 

Bereft of this verse, and of the timely performance of his own duty, a person of Brāhmaṇa, Kṣatriya or Vaiśya birth incurs the odium of good men. — (80)

 

Medhātithi’s commentary (manubhāṣya):

‘By this verse’ — by the Sāvitrī.

‘Bereft’; — he who fails to observe the Twilight Prayers and neglects Vedic Study.

‘Odium’ — Blame.

‘Among good men’ — Among the highly cultured people.

‘Incurs’ — becomes open to.

With a view to show what sort of odium he incurs, the Text adds — ‘and of the timely performance of his own duty.’ — ‘Timely’ — e.g., the sixteenth year for the Brāhmaṇa and so forth. When the man is bereft of these rites, he becomes despised.

From this it is clear that even though the boy may have been initiated, and as such become qualified for Vedic Study, — yet, if he is bereft of the Sāvitrī, he becomes a ‘Vrātya,’ apostate.

What is meant by ‘his own duty’ is just that duty which is common to the three castes; and this is the duty of Initiation. It is only when we interpret it thus that the qualification ‘timely’ comes to have any sense. If the ‘duty’ meant were the duties of Vedic Study and the rest, the text would have said simply ‘performance of his own duty’ (without the qualification ‘timely’).

The term ‘yoni’ being synonymous with ‘birth’ denotes caste. So what is meant is the person of the Brāhmaṇa and other castes.

The present verse is only a descriptive supplement, added for the purpose of making the Expiatory Rites prescribed for the Vrātya (apostate) applicable to the omissions mentioned here. — (80)

 

Explanatory notes by Ganganath Jha:

The text of this verse, and hence its meaning, is entirely changed in Vīramitrodaya (Saṃskāra, p. 429); the words as quoted here are,

etayar??'pi saṃyuktaḥ kāle?a kriyayā'mu?ā |
?ipra?triya?i?yonirprāha?ya?ṃ yāti prādhuṣu ||

it may be rendered thus — ‘Equipped with this verse, and timely performance of this act, a person of Brāhmaṇa, Kṣatriya or Vaiśya birth becomes acceptable among the good.’

 

Comparative notes by various authors:

Viṣṇu-smṛti, 55.14 — [reproduces, with slight variations, the words of Manu].

Baudhāyana-Dhaṛmasūtra, 2. 4. 15. — ‘Those who offer not the Morning-prayer before the advent of Dawn, nor the Evening-prayer before the lapse of Eve, — how can these be called Brāhmaṇas? Those Brāhmaṇas who offer? not the? Morning and Evening Prayers, them the king should employ in works fit for the Śūdra.

 

 

VERSE 2.81

Section XVII - Rules of Study

 

ओङ्कारपूर्विकास्तिस्रो महाव्याहृतयोऽव्ययाः ।
त्रिपदा चैव सावित्री विज्ञेयं ब्रह्मणो मुखम् ॥८१॥

oṅkārapūrvikāstisro mahāvyāhṛtayo'vyayāḥ |
tripadā caiva sāvitrī vijñeyaṃ brahmaṇo mukham ||81||

 

The three imperishable Mahāvyāhṛtis preceded by the syllable ‘oṃ,’ and the three-footed Sāvitrī, — these should be regarded as the ‘Mouth of Brahman.’ — (81)

 

Medhātithi’s commentary (manubhāṣya):

“Preceded by the syllable Oṃ” — in the beginning of which the syllable ‘Oṃ’ occurs. — ‘Mahāvyāhṛtis’; — this refers to the three syllables ‘bhūḥ — bhuvaḥ — svaḥ,’ which form the subject-matter of the present context.

‘Imperishable’; — the syllables are so called in view of the fact that the results proceeding from their repetition are longstanding. If this were not meant, then the qualification would be superfluous, as all words are equally imperishable, eternal.

Three-footed Sāvitrī; — the verse ‘tat savituḥ, etc.’

‘The mouth of Brahman.’ — These are called ‘mouth’ in the sense that they form its opening. Hence this verse is to be regarded as the valedictory supplement of the Injunction that these should be recited at the beginning of Vedic Study.

Or ‘mouth’ may mean portal, the means; — the sense being that union with Brahman is reached by this means. This is what is described in the next verse. — (81)

 

Explanatory notes by Ganganath Jha:

‘Brahmaṇo mukham — “Literally, the mouth of Brahman is meant to convey the double sense (of leading to, and leading to union with, Brahman). Both interpretations are given by Medhātithi, Kullūka. and Rāghavānanda; while Govindarāja, Nārāyaṇa and Nandana explain it merely as the beginning or portal of the Veda.” — Buhler.

This verse is quoted in Madanapārijāta (p. 71) as defining the ‘Brahmamukha’, which has been declared by Nārāyaṇa to be the formula for the Ācamana; — in Vīramitrodaya (Saṃskāra, p. 522), as laying down the beginning of study; — in the same work again (Āhnika, p. 253), where it is explained as meaning that the name ‘sandhyā’ (Twilight Prayers) is applied to all those acts that are performed with the formula herein specified; — also on p. 321, along with the next three verses.

This first line of this verse is quoted in Aparārka, (p. 1290).

The verse is quoted in Saṃskāramayūkha (p. 50), which explains ‘tisraḥ’ as ‘Bhūḥ-bhuvaḥ-svaḥ’ and ‘brahmaṇo mukham’ as ‘to be pronounced at the beginning of Vedic reading — and in Smṛticandrikā (Saṃskāra, p. 135), which notes — ‘om bhūrbhuvaḥsvaḥ’ are the three Vyāhṛtis, — tatsavituḥ &c., is the Sāvitrī; all this forms the ‘mukha’, i.e. beginning, of ‘Brahman’, i.e. the Veda.

 

Comparative notes by various authors:

(verses 81-82)

Āpastamba (Parāśaramādhava, p. 284). — ‘Seated upon kuśa, holding kuśa and water in his hand, facing the East, one shall repeat the Gāyatrī a thousand times, or a hundred times, or without any limit.’

Yogi- Yājñavalkya (Do., 283). — ‘The Religious Student and the Agnihotrin should repeat the Gāyatrī 108 times: the Hermit and the Renunciate, more than 1,000 times,

Yama (Parāśaramādhava, p. 286). — ‘There is nothing superior to the Gāyatrī for purposes of Japa; there is no penance higher than the Gāyatrī; there is no meditation higher than the Gāyatrī; there is no Homa higher than the Viṣṇusmṛti, 55. 15-16 — [reproduces the words of Manu].

Yama (Vīramitrodaya-Saṃskāra, p. 429). — ‘He who acquires the three Vyāhṛtis preceded by the syllable om, and the Sāvitrī, Brahmacharya and is called Śrotriya.’

Laugākṣi (Do.). — ‘Having pronounced om bhūrbhuvaḥsvaḥ, he pronounces the Sāvitrī verse beginning with Tat savituḥ.’

‘Baudhāyana-Dharmasūtra, 2. 4. 21. — ‘The Brāhmaṇa who daily, at all junctures, meditates upon this, becomes purified to Brahmaṇa and merged in Brāhmaṇ; following the scriptures, he wins the Brahmic regions.’

Vyāsa (Parāśaramādhava, p. 285). — ‘By repeating the Gāyatrī ten times one becomes absolved from all little sins committed during the day; repeated a hundred times, she destroys a host of sins; repeated a thousand times, she destroys all minor sins; by repeating it a lakh of times, all the most heinous sins are destroyed; by repeating it a crore of times, one obtains all that is desired.’

Saṃvarta (Vīramitrodaya-Saṃskāra, p. 522). — ‘One should utter the Praṇava first: after that, the Vyāhṛtis; and then the Sāvitrī.’

Yogi-Yāmavalkya (Vīramitrodaya-Āhnika, p. 258). — ‘Gāvatrī is Brahmā and Sāvitrī is Rudra.’

Yama (Vīramitrodaya-Āhnika, p. 321, also Parāśaramadhava, p. 284). — ‘One should daily repeat the Gāyatrī, which is destructive of all sins, a thousand times, or a hundred times, or at least ten times; the Lord put the Gāyatrī in one pan and the Vedas along with the subsidiary sciences in the other pan of the scale; and the two were found equal.’

Aṅgiras (Vīramitrodaya-Āhnika, p. 322) — ‘One who is intent upon the Praṇava, the seven Vyāhṛtis, and the three-footed Gāyatrī has no fear anywhere.’

Hārīta (Vīramitrodaya-Āhnika, p. 323). — ‘The Praṇava, the Vyāhṛtis the Sāvitrī verse, — these constitute the Sāvitra, whereby one becomes absolved from sins; by hundred repetitions, from sins of thought; by thousand repetitions, from sins of word; and by ten thousand repetitions, from all sins, and has his soul perfectly pure.’

 

 

VERSE 2.82

Section XVII - Rules of Study

 

योऽधीतेऽहन्यहन्येतां त्रीणि वर्षाण्यतन्द्रितः ।
स ब्रह्म परमभ्येति वायुभूतः खमूर्तिमान् ॥८२॥

yo'dhīte'hanyahanyetāṃ trīṇi varṣāṇyatandritaḥ |
sa brahma paramabhyeti vāyubhūtaḥ khamūrtimān ||82||

 

He who, untired, recites this, day after day, for three years, turns into air, and becoming transfigured into Ākāśa, reaches the supreme brahman. — (82)

 

Medhātithi’s commentary (manubhāṣya):

He becomes omnipresent, all-pervading, like Ākāśa.

‘Transfigured into Ākāśa’ — means that he acquires the nature of Ākāśa. ‘Mūrti,’ ‘Figure,’ does not stand here for the Body; as Ākāśa has no ‘body’ at all.

“What is this ‘Brahman’ into whose form the man is said to become merged?”

It is the Supreme Soul, of the nature of Bliss; He of whom all these embodied souls are mere inodes, just as waves are of the ocean perturbed by the force of wind. And just as when the ocean becomes calm, the waves become merged into it, in the same manner the embodied souls become transformed and merged into the Supreme Soul. All this is going to be described in detail in Discourse 12.

What is enjoined in the present context is the mere reciting and study of the Gāyatrī verse, not its Japa, repetition; this is shown by the fact that the number of repetitions is not stated.

‘Untired’; — this denotes that the recitation is to be carried out again and again; as a single recitation can never tire a person.

What is enjoined here pertains to persons seeking for Final Release. — (82)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āḥnika, p. 321), which supplies the following Explanatory notes:

‘Vāyubhūtaḥ’ — as quick- moving as the wind, or ‘encased in the Subtle Body’ — as explained in Kalpataru; — ‘Khamūrtimān’ — becoming as all-pervading as the Ākāśa, becomes the Supreme Self.,

It is quoted also in Parāśaramādhava (Ācāra, p. 286) as eulogising the japa of the Gāyatrī mantra; — and in Saṃskāraratnamālā (p. 236).

 

Comparative notes by various authors:

(verses 81-82)

See Comparative notes for Verse 2.81.

 

 

VERSE 2.83

Section XVII - Rules of Study

 

एकाक्षरं परं ब्रह्म प्राणायामः परं तपः ।
सावित्र्यास्तु परं नास्ति मौनात् सत्यं विशिष्यते ॥८३॥

ekākṣaraṃ paraṃ brahma prāṇāyāmaḥ paraṃ tapaḥ |
sāvitryāstu paraṃ nāsti maunāt satyaṃ viśiṣyate ||83||

 

The mono-syllable is the highest Brahman; Breath-suspensions are the highest austerity; nothing is higher than the Sāvitrī verse; truth is better than Silence. — (83)

 

Medhātithi’s commentary (manubhāṣya):

The ‘monosyllable’ is the syllable ‘om.’ — It is the ‘Supreme Brahman,’ in the sense that it is the means of reaching Brahman. This assertion is based upon the fact that Brahman is attained by the ‘repeating,’ and ‘the meditation upon the signification,’ of the syllable (as mentioned in Yogasūtra 1.28). ‘Om’ is a name of Brahman; as says the Yogasūtra (1.23) — ‘The Praṇava is expressive of Him (God).’

“In comparison with what is this the highest?”

It is higher than all other forms of Brahman-meditation. The meditation upon the syllable ‘om’ as Brahman is superior to all the several forms of meditation mentioned in such texts as ‘One should meditate upon food as Brahman’ (Taittirīya Upaniṣad, 2.2.1), ‘The teaching is that the Sun is Brahman’ (Chāndogya Upaniṣad, 3.19.1); and this for the simple reason that the attainment of Brahman has been described as proceeding from the mere recitation of that syllable; and also because the word itself has been described as ‘Brahman,’ in such passages as — ‘One who is well versed in Brahman in the form of Word attains the supreme Brahman.’ (Maitry upaniṣad, 6.22). Nothing is beyond the reach of words, and of' all words the syllable ‘om’ is the very source: as says the Śruti — ‘Just as the needle pierces through all the leaves, so in the same manner is all speech pierced by om, all this is om itself’ (Chāndogya Upaniṣad, 2.23.4). The ‘piercing’ spoken of in this passage means ‘pervasion,’ ‘becoming the receptacle.’ “But in what manner is all speech pierced by om?”

Well, as regards the word of the Veda, it has already been pointed out (in verse 74) that its source lies in the syllable ‘om’ As regards the words of secular speech, it has been declared by Āpastamba (1.4.13.9) that ‘All sentences should be preceded by om.’

The above passage (from the Chāndogya) has been explained differently in the Upaniṣad-bhāṣya; we are not reproducing that explanation here, as it has no bearing on the present context.

The term ‘breath-suspension’ here stands for the act of suspending the breath along with the entire procedure beginning with the sipping of water.

‘Highest austerity — i.e., an austerity higher than the Cāndrāvaṇa and the rest.

“What is the superiority here (meant by the epithet ‘highest’)?”

It is purely figurative.

‘There is nothing higher than the Sāvitrī’; — i.e., no other mantra.

In praise of all this we have the next expression — ‘Truth is better than silence’ ‘Silence’ is control of speech. And the result accruing from the telling of truth is superior to that resulting from the control of speech. Since the telling of truth implies the acting up to a positive injunction, while in silence there is observance of the mere prohibition of telling lies.

This verse is purely valedictory. — (83)

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 114, 1. 12) — ‘Āpastamba vacanāt’ — This refers to Āpastamba’s Dharmasūtra 1.4.13.9, the whole of which reads as follows —

loke ca bhūtikarmasvetadīnyeca vākyāni syuryathā pupyāhaṃ svassyṛddhimiti

This verse is quoted in Vīramitrodaya (Āhnika, p. 321), where the same verse is attributed to Yama also.

 

Comparative notes by various authors:

Vasiṣṭha-smṛti, 5-6. — ‘The one syllable is Brahman Supreme; Breath-suspension is the highest penance; alms-begging is superior to fasting; and compassion is superior to charity.’

Viṣṇu-smṛti, 55 17 — [reproduces the words of Manu].

Yama (Vīramitrodaya-Āhnika, p. 321). — ‘The syllable om is the highest Brahman; Breath-suspension is the highest penance; there is nothing superior to the Sāvitrī; Truth is superior to silence; — all Vedic acts may dwindle away, but the syllable should be recognised as never dwindling; — the highest Brahman in the shape of the single syllable has been declared

to be the best purifier; there is nothing superior to the Gāyatri; Truth is superior to silence. Daily one should repeat the Gāyatrī, 1,000 or 100 or at least 10 times, as destructive of all sins.’

 

 

VERSE 2.84

Section XVII - Rules of Study

 

क्षरन्ति सर्वा वैदिक्यो जुहोतियजतिक्रियाः ।
अक्षरं दुष्करं ज्ञेयं ब्रह्म चैव प्रजापतिः ॥८४॥

kṣaranti sarvā vaidikyo juhotiyajatikriyāḥ |
akṣaraṃ duṣkaraṃ jñeyaṃ brahma caiva prajāpatiḥ ||84||

 

All vedic acts of oblation and sacrifice pass away; while this syllable (om) is to be regarded as imperishable; and it is Brahman, and also Prajāpati — (84)

 

Medhātithi’s commentary (manubhāṣya):

All acts laid down in the Veda — ‘oblations’ in the form of Agnihotra and the rest, — as also ‘sacrifices’ in the form of Jyotiṣṭoma and the rest, — ‘pass away’; i.e., either they never bring about their results in their entirety, or even when brought about, those results perish quickly.

‘This syllable’ — ‘om’ — is to be known as ‘imperishable,’ i.e., bringing about imperishable results; since for one who has become merged into Brahman, there is no return to worldly existence. Thus leading to an imperishable result, the syllable is itself called ‘imperishable.’ One of the two terms ‘akṣara,’ one is a noun, which forms the subject of the sentence, while the other, is the predicate, and is taken in its literal sense.

That same syllable is also Brahman, and Prajāpati.

This also is purely valedictory.

The expression ‘juhoti-yajati’ mentions two verbal roots; and the term ‘kriyā’ stands for the actions of (oblation) and Yāga (sacrifice) — as denoted by the two roots. The plural number is due to the multiplicity of the acts. Or, the two verbal roots may be taken as standing for the acts of Homa and Yāga themselves, while ' kriyā’ stands for the other acts of charity and the like. The whole is a copulative compound — made up of the three terms ‘juhoti,’ and ‘kriyā’ — the acts of H oma and Yāga being separately mentioned by reason of their importance.

Some people have held that this praise of the syllable ‘om’ by itself (as apart from the and the verse) is meant to enjoin the repetition of the syllable; and they argue that this cannot be taken as merely supplementary to the foregoing injunction of the reciting of the Sāvitrî along with ‘om,’ etc., as no reference to this latter is made in the present verse; as there is in the case of the sacrifice, in connection with which we find two passages — (a) ‘Yadaṣṭākapalo bhavati gāyat chainam brahmavarchasena punāti,’ and (b) ‘Yannavakapalastṛvṝtaivāsmimstejo daḍhāii,’ — where reference is distinctly made to a foregoing injunction; so that so long as it is found possible (on the basis of this reference) to connect the injunctions syntactically (and treat them as a single injunction), there can be no justification for splitting them up into two distinct injunctions. In the present instance, on the other hand, when it is said that ‘this should be regarded as imperishable,’ there is no reference to any thing that has gone before; nor is there any reference made to the Sāvitrī, etc. Por these reasons, the present text is to be taken as a self-contained injunction, and not as supplementary to something else. Further, the verbal affix in ‘jñeyaḥ’ ‘(should be regarded)’ is purely injunctive. And this, taken along with the word ‘brahma,’ gives the sense that ‘this should he regarded — i.e., meditated upon — as Brahman’; and this ‘meditation’ stands for the mental process of repeating the syllable. — (84)

 

Explanatory notes by Ganganath Jha:

‘Kṣaranti’ — ‘Pass away — do not bring about their complete results, or their results disappear quickly’ — (Medhātithi, Govindarāja, Kullūka and Nārāyaṇa); — ‘Perish — as far as their form and results are concerned’ — (Nandana).

‘Brahma’ — The neuter form is accepted by Medhātithi, Govindarāja, Kullūka and Rāghavānanda. Nārāyaṇa and Nandana read the masculine form ‘brahmā’, and explain the phrase as ‘just like Brahmā, the Prajāpati.’

This verse is quoted in Vīramitrodaya (Ācāra, p. 321), where it is explained that — ‘akṣaram’ stands for the syllable ‘om’, — and this is ‘akṣara’ in the sense that its effect in the form Final Release ‘never perishes’ (na-kṣarati); — and that the syllable ‘om’ is to be regarded as ‘Prajāpati’ on the ground of its being expressive of that deity. Here again this same verse is attributed to Yama also.

Medhātithi’s remarks on p. 115,11. 1-8 are based upon Mīmāṃsā-Sūtra 1. 4. 17-22.

This verse is quoted in Vīramitrodaya (Paribhāṣā, p. 79), which reads ‘Akṣaram śreṣṭham’ for ‘duṣkaram jñeyam’ and explains it as ‘Brahma-praṇava.’

 

Comparative notes by various authors:

Viṣṇu-smṛti, 55.18 — [reproduces Manu].

Vasiṣṭhasmṛti, 25.11. — ‘The one syllable winch is the highest Brahman, lias been declared to be the best purifier.’

Baudhāyana-Dharmasūtra, 7. 2. 13. — ‘One should equip himself with the syllable.’

Yama [see preceding verse].

 

 

VERSE 2.85

Section XVII - Rules of Study

 

विधियज्ञाज् जपयज्ञो विशिष्टो दशभिर्गुणैः ।
उपांशुः स्यात्शतगुणः साहस्रो मानसः स्मृतः ॥८५॥

vidhiyajñāj japayajño viśiṣṭo daśabhirguṇaiḥ |
upāṃśuḥ syātśataguṇaḥ sāhasro mānasaḥ smṛtaḥ ||85||

 

The offering that consists in the repeating of mantras excels the enjoined (ritualistic) offering ten times; the inaudible (repeating) excels this latter a hundred times; and the Mental (repeating) excels it a thousandfold. — (85)

 

Medhātithi’s commentary (manubhāṣya):

The ‘enjoined offering’ is that which forms the subject of injunctions; such as Jyotiṣṭoma and the rest; such acts are called ‘enjoined offering,’ as they have been enjoined by words like ‘should offer’ and the rest, and are performed by means of external acts, and with the full accompaniment of priests and other innumerable details.

The Japa, ‘ Repeating of Mantras’ is not an ‘offering’; but with a view to eulogise it, it has been spoken as an ‘offering’ only figuratively; consequently this cannot be included under the term ‘enjoined offering.’

This latter ‘excels,’ — is a better, superior, offering than the Jyotiṣṭoma and the rest, — ‘ten times’.

What is meant here is that the Repeating of Mantras is highly efficacious; the meaning being that the results proceeding from the Repetition are the same, but larger, as those proceeding from the Ritualistic Offerings. It is not meant that the Repeating of Mantras actually brings about results larger than those brought about by the ritualistic sacrifices; for if it were really so, who ‘would ever undertake the performance of the latter, which involve much physical hardship and the expenditure of much wealth? For these reasons it is clear that what is said here is a mere praise (of the Repeating of Mantras); just like the assertion that ‘One attains all desirable ends by the

Final Oblation.’ All that is meant is that from this act also the same results follow, in the shape of Heaven and the rest; but the difference iu the amount of human effort involved leads to the difference in the degree of the result. And as the text does not specify any particular result, it should be taken to mean that by the Repeating of Mantras one obtains the same results — in the shape of heaven, landed property, children and cattle — as those proceeding from sacrificial performances.

‘The Inaudible, a hundred times’ — That repeating of Mantras is called Inaudible which is not heard by any other person, however near he may be.

‘A thousand times — the Mental.’ — That in which the Mantra in meditated upon by a mere mental operation.

The ‘Inaudible’ and other qualifications pertain to all kinds of Repeating Mantras (and not only to the repeating of the Gāyatrī, etc.); the continuity of the context, starting from verse 82, having been broken. Hence, whenever there is repetition of Mantras — in the course of either Expiatory Rites, or the rites performed for the allaying of portents, or those intended to bring about prosperity, — the said qualifications become applicable.

The term ‘sāhasra’ literally means that which has a thousand; and since the noun spoken of is ‘guṇa,’ ‘times,’ ‘fold,’ the term means ‘thousand-fold’; the term ‘fold’ standing for part. That this refers to the excess of results is clear from the connection of the entire sentence. — (85)

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 115,1. 16) — ‘Pūrṇahutyā &c.’ — See in this connection Sāyaṇa-Ṛgvedhbhāṣya — Upodghāta (Introduction).

 

Comparative notes by various authors:

Viṣṇu-smṛti, 55.19. — [reproduces Manu’s words.]

Vasiṣṭha-smṛti, 26.10 — [the same as Manu, with the exception that for ‘vidhi’ it reads ‘ārambha’].

 

 

VERSE 2.86

Section XVII - Rules of Study

 

ये पाकयज्ञाः चत्वारो विधियज्ञसमन्विताः ।
सर्वे ते जपयज्ञस्य कलां नार्हन्ति षोडशीम् ॥८६॥

ye pākayajñāḥ catvāro vidhiyajñasamanvitāḥ |
sarve te japayajñasya kalāṃ nārhanti ṣoḍaśīm ||86||

 

The four cooked offerings, along with the enjoined sacrifices, — all these are not worth the sixteenth part of the offering that consists in the repeating of mantras. — (86)

 

Medhātithi’s commentary (manubhāṣya):

The five ‘great sacrifices,’ leaving off the are what are meant by the ‘four cooked offerings.’

‘Enjoined sacrifices’ — those already described (under the preceding verse); along with these latter, the former (four) ‘are not worth the sixteenth part’ — i.e., are not equal to the sixteenth part.

Or, the root ‘arha’ may be taken in the sense of the price paid for the obtaining of a certain thing. The root ‘arha’ with the Present-Tense-ending ‘tip’ gives the form ‘arhanti.’ — (86)

 

Explanatory notes by Ganganath Jha:

‘Pākayajñāḥ’ — This term stands for the last four of the five ‘Mahāyajña’ —

Brahmayajña (Vedic study),

Devayajña (the Vaiśvadeva offerings),

Pitṛyajña (daily Śrāddha offerings),

Bhūtayajña (Bali offerings)

and Manuṣyayajña (Feeding of guests),

according to Medhātithi, Kullūka, Nārāyaṇa and Nandana.

According to Govindarāja and Rāghvānanda, it stands for all Śrauta and Smārta offerings.

The main classification of sacrifices is based upon the difference in the substances offered. On this basis they have been classified as under: —

(l) Haviryajñas, also called ‘Iṣti’, consisting in the offering of such substances as milk, butter, rice, barley and other grains; — the principal representatives of this class are (a) the Darśapūrṇamāsa, which is described in detail in the Śatapatha Brāhmaṇa (I and II); and its six ectypes — (b) the Agnyādhāna, (c) the Agnihotra (d) the Āgrahāyaṇeṣṭi (e) the Cāturmāsya, (f) the Paśubandha and (g) the Sautrāmaṇi; all these are offered into fire specially consecrated by the Agnyādhāna rite, which serving as it does only the purpose of preparing the fire for other sacrifices, is not a sacrifice in the strict sense of the term, — as has been remarked by Karka in his commentary on Kātyāyana’s Śrautasūtra.

(2) Pākayajñas consisting of the offering of cooked substances, not in the consecrated fire, but in the domestic fire and other receptacles. The seven principal sacrifices included under this category are — the five ‘great sacrifices’ (described in Śatapatha Brāhmaṇa 10-5.7 and in Manu, 3.70), the Aṣṭakās, the Pārvaṇa offerings, the Śrāvaṇī, the Āgrahāyaṇī, the Caitrī and the Āśvāyujī. These are described in the Gṛhya — not Śrauta — Sūtras. Though the substances offered in these are not very different from those in the Iṣṭis on Haviryajñas, yet they are classed separately, on the ground that the receptacle of the offerings in their case is not the consecrated fire.

(3) Somayajñas in which the substance offered is the Soma-juice; it includes the following seven sacrifices — (a) Agniṣṭoma, (b) Atyagniṣṭoma, (c) Ukthya, (d) Śoḍaśin (e) Vājapeya, (f) Atirātra and (g) Āptoryamā. Almost all Somayajñas involve the killing of an animal, hence the Animal-sacrifices, Paśuyāgas, have been included by older writers under this category; though later writers have drawn a distinction between the Somayāga and the Paśuyāga. The very elaborate sacrifices, such as the Aśvamedha, the Rājasūya, the Pauṇḍarīka and the Gosava (according to Devala) — are generally classed apart, under the generic name of Mahāyajñakratu’.

(See in this connection, Prābhākara-Mīmāṃsā, pp. 251-253).

 

Comparative notes by various authors:

Viṣṇu-smṛti, 55.20 and Vasiṣṭha, 26.11 — [reproduce the Words of Manu].

Bhagavadgītā. — ‘Among sacrifices, I am the Japa-offering.’

 

 

VERSE 2.87

Section XVII - Rules of Study

 

जप्येनैव तु संसिध्येद् ब्राह्मणो नात्र संशयः ।
कुर्यादन्यन्न वा कुर्यान् मैत्रो ब्राह्मण उच्यते ॥८७॥

japyenaiva tu saṃsidhyed brāhmaṇo nātra saṃśayaḥ |
kuryādanyanna vā kuryān maitro brāhmaṇa ucyate ||87||

 

It is by means of repeating mantras that the Brāhmaṇa succeeds; — there is no doubt in this. he may, or may not, do anything else, one comes to be called a Brāhmaṇa if he is of a friendly disposition. — (87)

 

Medhātithi’s commentary (manubhāṣya):

By means of repeating Mantras alone the Brāhmaṇa succeeds; — i.e., acquires all desirable results,and also attains Brahman.

No such doubt on this point should be entertained in the mind, as — “How can one acquire, by means of Mantra-repetition alone, such results as are obtained only by means of such elaborate acts as the Jyotiṣṭoma and the rest, which cost much effort, or from deep and prolonged meditations?” — Because as a matter of fact, such success floes actually follow.

‘He may do anything else.’ — In the shape of the Jyotiṣṭoma and other non-com pulsory acts, — ‘or not do it.’ — For ‘one comes to be called a Brahmaṇa if lie is of a friendly disposition.’ ‘Maitra’ is the same as ‘mitra.’ The Brahmaṇa should be friendly to all living beings; and how can there be any friendliness (benevolence) in such acts as the killing of animals during the Agnīṣomīya offerings?

This passage is purely valedictory; it is not a prohibition of the killing of animals during sacrifices; because it is only supplementary to what has gone before (and as such it cannot be taken as an independent prohibition), and because such killing is directly enjoined in the Veda itself.

Thus ends the process of Repeating Mantras. — (87)

 

Explanatory notes by Ganganath Jha:

‘Maitraḥ’ — ‘of friendly disposition (towards all living beings)’ — Medhātithi; — ‘worshipper of Mitra, Sun’ (suggested by Rāghavāṇanda).

‘Brāhmaṇaḥ’ — ‘one who will be absorbed in Brahman’ (Kullūka); — ‘the best of Brāhmaṇas’ (Rāghavānanda); —

Buhler remarks — “Medhātithi and Govindarāja take the last clause differently: it is declared (in the Veda that) a Brāhmaṇa (shall be) a friend (of all creatures).” But in Medhātithi we find no mention of the Veda here.

The verse is clearly meant to be deprecatory of Animal-sacrifices, which involve the killing of animals, whereas the Brāhmaṇa should be friendly to all creatures.

This verse is quoted in Yatidharmasaṃgraha (p. 127).

 

Comparative notes by various authors:

Viṣṇu-smṛti, 55.21 and Vasiṣṭha, 26.12 — [reproduce the words of Manu].

 

 

VERSE 2.88 [Control of Sensual Desires]

Section XVIII - Control of Sensual Desires

 

इन्द्रियाणां विचरतां विषयेष्वपहारिषु ।
संयमे यत्नमातिष्ठेद् विद्वान् यन्तैव वाजिनाम् ॥८८॥

indriyāṇāṃ vicaratāṃ viṣayeṣvapahāriṣu |
saṃyame yatnamātiṣṭhed vidvān yantaiva vājinām ||88||

 

The wise man should put forth an effort to restrain his organs roaming among alluring objects; just as the driver restrains the horses. — (88)

 

Medhātithi’s commentary (manubhāṣya):

All that the teaching means is that “one should strive to restrain his organs”: the rest of the text is merely descriptive, up to the verse where we have the injunction regarding the Twilight Prayers (101).

‘Restrain’ — means the avoiding of addiction to prohibited objects and the avoiding of excessive addiction to even those objects that are permitted. That the prohibited tilings should be avoided we learn from those prohibitions themselves: hence the present verse and the verses that follow should be taken as laying down the avoiding of over-addiction to even such things as are not prohibited.

This is what is meant by the expression — ‘roaming a many objects,’ — i.e., in course of their natural functioning.

‘Alluring.’ — Things that attract, draw to themselves, overpower, the man, are called ‘alluring objects,’ those that captivate the mind. Roaming among these means ‘functioning among them in manifold ways.’ If the organs did not operate among them, what could even the most alluring objects do? Or, even if the organs were devoid of all restraint, if the objects themselves were repellant, it would he a very simple matter for the agent, to restrain himself. As a matter of fact, however, both are at fault (the objects are alluring and the organs are operative among them); hence it becomes necessary to put forth special effort, the organs being hard to control.

‘As the driver restrains the horses.’ — ‘Driver’ is the charioteer. Just as the charioteer puts forth special effort to coutrol the horses that are naturally restive, and are prone to run wild along the wrong way, and the horses become obedient to him, — in the same way one should curb the organs to his own will. — (88)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Bālambhaṭṭi (Vyāvahāra, p. 606).

Medhātithi (p. 116, 11. 11-12) — Pariśiṣṭorthavādaḥ āṣandhyopāsanavidhiḥ — i.e. upto verse 100, all this is mere Arthavāda. But on p. 110, he says that verse 97 contains a vidhi.

It is interesting to note that what Medhātithi has called Arthavāda, Hopkins calls ‘elaborate interpolation’ (note on verse 91).

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 3.9 — ‘One who behaves like this keeps the senses under control attains the regions of Brahman.’

Gautama-Dharmasūtra, 11.4. — ‘Pure, with senses under control, equipped with fully qualified-aids.’

Kaṭha-Upaniṣad, 3.6. — ‘He who is equipped with knowledge, with mind composed, has his senses under control; just as good horses are under ṭhe control of the charioteer.’

Bhagavadgītā, 2.67-68. — ‘When the mind follows in the wake of the roaming sense-organs, it deprives him of his wisdom; just as the storm destroys the boat in water. Therefore that man whose sense-organs have been withdrawn from the objects of sense, has his wisdom firmly established.’

 

 

VERSE 2.89

Section XVIII - Control of Sensual Desires

 

एकादशेन्द्रियाण्याहुर्यानि पूर्वे मनीषिणः ।
तानि सम्यक् प्रवक्ष्यामि यथावदनुपूर्वशः ॥८९॥

ekādaśendriyāṇyāhuryāni pūrve manīṣiṇaḥ |
tāni samyak pravakṣyāmi yathāvadanupūrvaśaḥ ||89||

 

Those eleven organs which the ancient sages have named I shall now fully describe in due order. — (89)

 

Medhātithi’s commentary (manubhāṣya):

This enumeration of the organs is as laid down in other sources of information; and the present text is not intended to lay down the number of organs. The description is provided by our author only on account of his good will towards his audience. The organs have been named by the ancient sages; and I shall now describe their names and also their function.

‘In due order.’ — Implies absence of confusion.

The reference to the ‘ancient sages’ is meant to indicate that the enumeration of the organs is not something invented by the logicians, it was something already known among the ancient teachers. In fact, people not knowing this are ridiculed by men as ‘not learned in the scriptures’; hence these should be properly understood.

The meaning of the words of the text are well known, and have been already explained. — (89)

 

Comparative notes by various authors:

(Verses 89-92)

Sāṅkhya-sūtra, 2. 17-20. — ‘The eleven rudimentary elements are its products; — the internal organ, along with the five organs of action and ṭhe five organs of sensation constitute the group of eleven; — the Manas is of the nature of both.’

Sāṅkhya-Kārīkā (26-27). — ‘The organs of sensation are the Eye, the Ear, the Nose, the Tongue and Skin; and speech the hands, the feet, the arms and the reproductive organs are the organs of action.’

Śaṅkha (7. 25). — ‘Eye, Ear, Skin, Taste, Nose should be known as the organs of sensation in the body; the two hands, ṭhe two feet, the reproductive organ, the tongue (organ of speech) and the arms are the five organs of action in the body.’

Kāmandaka (1. 31, 33). — ‘The Auditory, the Tactile, the, Visual, the Gustatory and the Olfactory organs, — these five and the arms, the penis, the arms, the legs and the organ of speech constitute what is called the conglomeration of sense-organs. The soul and the mind are styled the internal senses:... by the conjoint action of these two, volition is engendered.

 

 

VERSE 2.90

Section XVIII - Control of Sensual Desires

 

श्रोत्रं त्वक् चक्षुषी जिह्वा नासिका चैव पञ्चमी ।
पायूपस्थं हस्तपादं वाक् चैव दशमी स्मृता ॥९०॥

śrotraṃ tvak cakṣuṣī jihvā nāsikā caiva pañcamī |
pāyūpasthaṃ hastapādaṃ vāk caiva daśamī smṛtā ||90||

 

(They are) the Ear, the Skin, the Eyes, the Tongue and the Nose as the fifth; the Anus, the Generative Organ, the Hands and Feet, and Speech described as the tenth. — (90)

 

Medhātithi’s commentary (manubhāṣya):

The Ear and the rest are well known. We have ‘Eyes’ in the Dual, in view of the two different substrata (of the Visual Organ); in other places we have the singular number in view of the fact that the Faculty itself, subsisting in the said substrata, is one only.

The ‘Generative Organ,’ — the organ secreting the semen (in males), and the ovule and its receptacle (in females).

‘Hands and feet’ — ‘Hastapādam’; — the copulative compound has been put in the singular number according to Pāṇini 2. 4. 2, by which copulative compounds consisting of terras expressive of limbs of living beings are put in the singular.

‘Speech’ here stands for that part of the body which consists of the Palate and the rest, and serve to manifest sound.

This verse mentions the names (of Organs). — (90)

 

Explanatory notes by Ganganath Jha:

This verse is quoted (along with 92) in Aparārka (p. 982) as enumerating the sense organs.

 

Comparative notes by various authors:

(Verses 89-92)

See Comparative notes for Verse 2.89.

 

 

VERSE 2.91

Section XVIII - Control of Sensual Desires

 

बुद्धीन्द्रियाणि पञ्चैषां श्रोत्रादीन्यनुपूर्वशः ।
कर्मेन्द्रियाणि पञ्चैषां पाय्वादीनि प्रचक्षते ॥९१॥

buddhīndriyāṇi pañcaiṣāṃ śrotrādīnyanupūrvaśaḥ |
karmendriyāṇi pañcaiṣāṃ pāyvādīni pracakṣate ||91||

 

Of these the five beginning with the Ear in due order they call “Organs of Sensation’; and five of these, beginning with the Anus, “Organs of Action.” — (91)

 

Medhātithi’s commentary (manubhāṣya):

The author now proceeds to describe the functions of the organs, with a view to determine their precise nature. [This is necessary, because] they are not perceptible.

‘Organs of Sensation’; — i.e., the organs productive of sensation; they bring about effects in the form of sensations. The Genitive (in the compound ‘buddhīndriyāṇāṃ’) denotes the relation of cause and effect.

‘Beginning with the Ear, in due order’; — the phrase ‘in due order’ has been added w ith a view to prevent the notion that the term ‘ādi’ signifies kind. “Order” again is in accordance with position; hence what is meant is the order in which the organs have been mentioned in the foregoing verse.

‘Organs of action’; — it is the ‘action’ of motion that is meant here. — (91)

 

Comparative notes by various authors:

(Verses 89-92)

See Comparative notes for Verse 2.89.

 

 

VERSE 2.92

Section XVIII - Control of Sensual Desires

 

एकादशं मनो ज्ञेयं स्वगुणेनौभयात्मकम् ।
यस्मिन् जिते जितावेतौ भवतः पञ्चकौ गणौ ॥९२॥

ekādaśaṃ mano jñeyaṃ svaguṇenaubhayātmakam |
yasmin jite jitāvetau bhavataḥ pañcakau gaṇau ||92||

 

The Mind is to be regarded as the eleventh, which, by its own quality, is of two-fold nature; and on this being subdued, both the aforesaid five-mentioned groups become subdued. — (92)

 

Medhātithi’s commentary (manubhāṣya):

The Mind is what completes the number, which is the number of sense-organs.

The ‘own quality’ of Mind is volition, desire; it is with the Mind that people will or desire both what is good and what is bad. [This is what is meant by its being ‘of twofold nature’]. Or, the Mind may be regarded as ‘of two-fold nature’ in the sense that it partakes of the character of both sets of organs — those of sensation as well as those of action; as the functioning of both these sets of organs is rooted in volition.

‘On this being subdued,’ both five-membered groups, — i.e., the group of the organs of sensation, as well as that of the organs of action, which have been described above, — become subdued.

This only describes a real fact. — (92)

 

Comparative notes by various authors:

(Verses 89-92)

See Comparative notes for Verse 2.89.

 

 

VERSE 2.93

Section XVIII - Control of Sensual Desires

 

इन्द्रियाणां प्रसङ्गेन दोषं ऋच्छत्यसंशयम् ।
संनियम्य तु तान्येव ततः सिद्धिं निगच्छति ॥९३॥

indriyāṇāṃ prasaṅgena doṣaṃ ṛcchatyasaṃśayam |
saṃniyamya tu tānyeva tataḥ siddhiṃ nigacchati ||93||

 

By attachment to the organs one incurs evil, without doubt; while by subjugating those same he attains success. — (93)

 

Medhātithi’s commentary (manubhāṣya):

‘Attachment’ means addiction; ‘by’ this, as the means, one ‘incurs’ — attains — ‘evil,’ [visible] as well as invisible. There is no doubt in this; it is absolutely certain.

‘By subjugating these’ — organs — one subsequently ‘attains success,’ — the attainment of the desired end; i.e., he acquires in its entirety all the fruits of the performance of acts enjoined in Śruti and in Smṛti. — (93)

 

Explanatory notes by Ganganath Jha:

‘Doṣam’ — ‘Guilt’ (Nārāyaṇa); — ‘evil, visible and invisible’ — (Medhātithi and Kullūka) i.e. misery and sin; — ‘evil, in the shape of rebirths’ (Rāghavānanda).

‘Siddhim’ — ‘Success, in the form of the rewards of all acts’ (Medhātithi); — ‘final release’ (Nārāyaṇa and Rāghavānanda); — ‘all human ends, Final Release and all the rest’ (Govindarāja and Kullūka).

 

Comparative notes by various authors:

(Verses 93-95)

Dakṣa-smṛti (7. 12 and 16). — ‘He whose mind is addicted to objects never attains Yoga; therefore the Yogin should make an effort to avoid addiction to objects.’

Vaśiṣṭha-smṛti (30.10-11). — ‘As one grows old, his hairs fade fade also his teeth; but longing for life and longing for wealth never fade, even while the man is fading away. That which cannot be avoided by foolish-minded persons, that which does not fade even while the man is fading away, that which is a mortal disease, — such Desire when one renounces, then alone does he attain happiness.’

 

 

VERSE 2.94

Section XVIII - Control of Sensual Desires

 

न जातु कामः कामानामुपभोगेन शाम्यति ।
हविषा कृष्णवर्त्मैव भूय एवाभिवर्धते ॥९४॥

na jātu kāmaḥ kāmānāmupabhogena śāmyati |
haviṣā kṛṣṇavartmaiva bhūya evābhivardhate ||94||

 

Never is desire appeased by the enjoyment of desires; it only waxes stronger, like fire by clarified butter. — (94)

 

Medhātithi’s commentary (manubhāṣya):

That no longing for sensual objects should be entertained by reason of the teaching of the scriptures may rest aside for the present; in fact there is even apparent happiness proceeding from the cessation of desires. When sensual objects are enjoyed, they only tend to produce stronger desires. For instance, even after a man has eaten his fill, even to the distension of the stomach, and is fully satisfied, there is still a longing in his heart — ‘why cannot I eat more?’ — and it is only through sheer inability that he does not eat more. This shows that desire can never cease by enjoyment.

‘Desire’ — longing.

‘Of Desires’ — i.e., of things desired, longed for.

‘Enjoyment’ — addiction to.

‘Is appeased’ — ceases.

‘Stronger’ — more and more..

‘By ghṛta’ — by clarified butter.

‘Kṛṣṇavartmā’ — Fire.

Longing is a form of pain; until one has experienced a certain taste, he has no longing for it.

This verso only describes the true state of things. It has been thus described — ‘Whatever corns and grains, gold, cattle and women there are on the earth are not enough to satisfy a single person; — pondering over this, one should betake hi mself to tranquil restraint.’ — (94)

 

Comparative notes by various authors:

(Verses 93-95)

See Comparative notes for Verse 2.93.

 

 

VERSE 2.95

Section XVIII - Control of Sensual Desires

 

यश्चैतान् प्राप्नुयात् सर्वान् यश्चैतान् केवलांस्त्यजेत् ।
प्रापणात् सर्वकामानां परित्यागो विशिष्यते ॥९५॥

yaścaitān prāpnuyāt sarvān yaścaitān kevalāṃstyajet |
prāpaṇāt sarvakāmānāṃ parityāgo viśiṣyate ||95||

 

As between one who would attain all these, and another who would renounce them all, the renunciation of desires surf asses the attainment of

 

Medhātithi’s commentary (manubhāṣya):

The present verse formulates the conclusion deduced from th e reasons adduced in the foregoing verses. [The sense being] in as much as Desire only waxes stronger by fulfilment, hence if a pleasure-seeking person — in the shape of a young king — ‘? hould attain’ — he addicted to — ‘all those’ desires; — while another person — in the shape of the life-long celibate — ‘renounces them all,’ — i.e., does not touch even the slightest thing; — between these two, the latter surpasses the attainer, the enjoyer. That is, the man who renounces pleasures is vastly superior.

This is self-evident. — (95)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Bālambhaṭṭi (Vyāvahāra, p. 606).

 

Comparative notes by various authors:

(Verses 93-95)

See Comparative notes for Verse 2.93.

 

 

VERSE 2.96

Section XVIII - Control of Sensual Desires

 

न तथैतानि शक्यन्ते संनियन्तुमसेवया ।
विषयेषु प्रजुष्टानि यथा ज्ञानेन नित्यशः ॥९६॥

na tathaitāni śakyante saṃniyantumasevayā |
viṣayeṣu prajuṣṭāni yathā jñānena nityaśaḥ ||96||

 

These (organs), being contaminated with objects, are not capable of being subjugated by mere abstinence, as they are by ever present knowledge. — (90)

 

Medhātithi’s commentary (manubhāṣya):

“Well, if this is so, then the right course, would appear to be that one should retire to the forest; as there will be no objects within reach; and being beyond reach, they would naturally never be sought after.” — With a view to such notions, the text adds that the organs should not be subjugated by mere abstinence; as in that case the man would have no pleasures at all, while the Smṛti has distinctly declared that — ‘Acquiring merit, wealth and pleasures, one should see that his mornings, mid-days and evenings are not useless’ (Gautama, 9.46); and further, the continuance of the body itself would become impossible, by total abstinence. What therefore is meant is to prohibit excessive longing; and even though one may enjoy pleasures, this excessive longing ceases under the influence — (a) of ‘knowledge,’ of defects in the objects, as described in the scriptures, such for instance as in 6.76 below, — (b) of one’s own experience, whereby the said pleasures are found to be unpleasant in their consequences, — and (c) of the constant and gradual practice of nonattachment arising from the due examination of the effects of the pleasures. It is not possible for the said longing to be renounced all at once..

‘Ever present’; — this qualifles ‘knowledge.’

‘Contaminated’ — active, since objects are beset with defects, the addiction to them is called ‘contamination.’

The ‘śas’ used here is one that is frequently used by Vyāsa, Manu and other great sages, — in such expressions as‘nityaśaḥ,’ ‘anupūrvaśaḥ,’ ‘sarvaśaḥ,’ ‘pūrvaśaḥ,’ and so forth. But exceptional efforts have to be made in order to establish the correctness of such usage. And in as much as the rule regarding the use of the affix ‘śas’ as laid down in Pāṇini 5. 4. 43, is that it is added to singular nouns, in the sense of repetition, — it is necessary to make the words in question imply, somohow or other, the notion of repetition. Other people have explained the expression ‘ś as’ as a noun formed from the root ‘ś as’ to stand, with the affix ‘kvip’; and the word thus formed would be neuter and would be treated as an adverb, the meaning being — ‘by knowledge which is ever-standing.’ — (96)

 

Explanatory notes by Ganganath Jha:

‘Asevayā” — ‘avoidance of excessive longing for pleasures’ — (Medhātithi); ‘avoidance of places where pleasures are to be obtained’ (Kullūka); — ‘abstinence from pleasures’ (Govindarāja, Nārāyaṇa and Nandana).

This verse is quoted in Bālambhaṭṭi (Vyāvahāra, p. 606).

 

Comparative notes by various authors:

Śaṅkha-smṛti (7. 10-11). — ‘That man the Gods regard as a Brāhmaṇa, who is disgusted with birth, with death and with mental and physical ailments. The impurity of the body, the reversal of pleasure and pain, residence in the womb, — from all this one becomes freed.’

 

 

VERSE 2.97

Section XVIII - Control of Sensual Desires

 

वेदास्त्यागश्च यज्ञाश्च नियमाश्च तपांसि च ।
न विप्रदुष्टभावस्य सिद्धिं गच्छति कर्हि चित् ॥९७॥

vedāstyāgaśca yajñāśca niyamāśca tapāṃsi ca |
na vipraduṣṭabhāvasya siddhiṃ gacchati karhi cit ||97||

 

The Vedas, Renunciation, Sacrifices, Restraints and Austerities never attain fulfilment for one whose disposition is vitiated. — (97)

 

Medhātithi’s commentary (manubhāṣya):

The present verse is clearly injunctive.

‘The Vedas’ — i.e., the study and recitation of them.

‘Renunciation’ — means charity, figuratively; or, it may mean the renouncing of the taking of even such meat and wine as are not prohibited, under the impression that such abstention brings its own reward.

He whose ‘disposition’ — i.e., mind — ‘is vitiated.’

‘Never attain fulfilment’ — they do not bring about their due results, at any time. From this it, follows that at the time of the performance of the said acts, one should not allow his mind to turn towards objects of sensuous enjoyment; for it is only thus that he may disregard all other thoughts and concentrate his mind upon the act itself.

What this text enjoins is that one should avoid of all thought of sensual objects, — this avoidance being a necessary accompaniment of all acts; as in its absence the act becomes futile. The ‘vitiation of disposition’ consists in the fact that at the time when the man is engaged in the performance of an act, he ceases to have his mind concentrated upon that act, and allows it to turn towards vice. — (97)

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 119,1. 3) — ‘ayamatra vidhiḥ’ — It is not consistent with what he has said before (p. 116,11. 11-12), to the effect that up to verse 100 it is all Arthavāda.

 

Comparative notes by various authors:

Āpastamba-Dharmaṣūtra (1.2.6). — ‘For those non-Śūdras whose actions are not wicked — there is Upanayana, Vedic Study, Fire-laying and other acts leading to rewards.’

Āpastamba-Dharmasūtra (5. 1). — ‘The term Tapas is Applied to the observances; — transgression thereof leads to the trickling away of Knowledge and Religious Acts.’

 

 

VERSE 2.98

Section XVIII - Control of Sensual Desires

 

श्रुत्वा स्पृष्ट्वा च दृष्ट्वा च भुक्त्वा घ्रात्वा च यो नरः ।
न हृष्यति ग्लायति वा स विज्ञेयो जितैन्द्रियः ॥९८॥

śrutvā spṛṣṭvā ca dṛṣṭvā ca bhuktvā ghrātvā ca yo naraḥ |
na hṛṣyati glāyati vā sa vijñeyo jitaindriyaḥ ||98||

 

That man is to be known as having subjugated his sense-organs, who, on having heard, or touched, or seen, or tasted, or smelt, anything, neither rejoices nor grieves. — (98)

 

Medhātithi’s commentary (manubhāṣya):

‘Having heard,’ — such things as the sound of the flute, singing, etc., or such flattering words as ‘you are Bṛhaspati himself,’ — ‘does not rejoice.’

‘Does not grieve’ — does not suffer mental sorrow; ‘grief’ means sorrow.

‘Having touched’; — such things as garments made of the hair of the Raṅku deer, or of silk, or of the wool of sheep and goats, he touches with equal feelings. Similarly he has exactly the same feelings in regard to the sight of beautiful young women or of enemies; he eats with equal feelings food cooked with plenty of butter and milk, as well as coarse rava grains; he has the same feelings when smelling such things as the oil of Devadāru and the oil of camphor, etc.

The man should behave so that he is not touched by mental joy or sorrow; it is thus that his organs become subjugated; and not by mere inactivity. So that restraint should be practised up to the said point. — (98)

Objection — “Contact with women alone having been prohibited for the Religions Student, why should the taking of nicely cooked food received in alms be prohibited for him?”

In answer to this we have this next verse: —

 

Comparative notes by various authors:

Śaṅkha-smṛti (7. 8-9). — ‘One should never mind it — whether his body is smeared with sandal-paste, or ripped by an axe, or he attains prosperity or adversity. Equally friendly towards all beings, looking equally upon gold and Upon a clod of earth, fixed in contemplative meditation, the Brāhmaṇa attains the highest state.’

Viṣṇu-smṛti (96. 23). — ‘While one arm is being ripped with an axe and another is being smeared with sandal-paint, — and while, on the one hand, he meets with prosperity, and on the other, with adversity, — he should not mind either.’

Bhagavadgītā (2. 57). — ‘He who has no attachment to, anything, and on meeting with happiness, neither rejoices nbr‘is grieved, his wisdom is firm.’

Bhagavadgītā (5. 20). — ‘One should not rejoice on coming by happiness; nor should he become ruffled on coming by unhappiness; he whose mind is firm, never deluded, he knows Brahman, and rests in Brahman.’

 

 

VERSE 2.99

Section XVIII - Control of Sensual Desires

 

इन्द्रियाणां तु सर्वेषां यद्येकं क्षरतीन्द्रियम् ।
तेनास्य क्षरति प्रज्ञा दृतेः पादादिवोदकम् ॥९९॥

indriyāṇāṃ tu sarveṣāṃ yadyekaṃ kṣaratīndriyam |
tenāsya kṣarati prajñā dṛteḥ pādādivodakam ||99||

 

From among all the organs, if one happens to ooze out, then thereby his wisdom oozes out, just like water from one part of the leathern bag. — (99)

 

Medhātithi’s commentary (manubhāṣya):

[In the term ‘indriyāṇāṃ’] the Genitive has the force of specification.

If even one organ happens to ooze out; — i.e., if on functioning freely in regard to its object, it is not checked, — then ‘his wisdom oozes out’; — i.e., his steadiness in regard to the other organs also (disappears).

‘Leathern bag’; — a vessel for carrying water, made of the skin of the goat and other animals. Even though all the other parts of this bag be closed, if water trickles out of a single part of it, the whole bag becomes empty.

In the same manner, the man’s steadiness acquired through continuous practice of wisdom, — or even true wisdom and knowledge itself — (becomes entirely lost). That is, being addicted to several objects, he has his mind always turned towards them, so that the subjects dealt with by reasonings and scriptures do not present themselves to him in the right manner. — (99)

 

Explanatory notes by Ganganath Jha:

‘Prajñā’ — ‘Wisdom, control over the senses’ (Medhātithi, Govindarāja, and Rāghavānanda); — ‘knowledge of truth’ (Kullūka).

‘Pādāt’ — This may be taken literally in the sense of foot; as Hopkins rightly remarks — “The hide often is used in oriental countries complete, each leg being made water-tight.” This is indicated by Medhātithi’s remarks also.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 493) where the ‘dṛti’ is explained as a ‘leathern bag.’ It is quoted to show that during studentship the strict observance of the vows and restraints is essential.

 

Comparative notes by various authors:

Kaṭha, (3. 7). — ‘He who is devoid of wisdom, his mind not firm, — his organs get beyond control, — like vicious horses under the charioteer.’

Bhagavadgītā, (3. 67). — ‘When the mind follows in the wake of the roaming senses, it deprives him of his wisdom, and it is lost like the boat at sea.’

 

 

VERSE 2.100

Section XVIII - Control of Sensual Desires

 

वशे कृत्वेन्द्रियग्रामं संयम्य च मनस्तथा ।
सर्वान् संसाधयेदर्थानक्षिण्वन् योगतस्तनुम् ॥१०0॥

vaśe kṛtvendriyagrāmaṃ saṃyamya ca manastathā |
sarvān saṃsādhayedarthānakṣiṇvan yogatastanum ||100||

 

Having brought the host of organs under control, and having also subdued the mind, one should accomplish all his purposes, taking care not to injure his body. — (100)

 

Medhātithi’s commentary (manubhāṣya):

The present verse sums up the section.

Even though the Mind also is an ‘organ’ yet it is mentioned separately by reason of its importance.

‘Grama,’ ‘host,’ means group.

Having brought under subjection the organs and the Mind, ‘me should accomplish’ — bring about — ‘all his purposes’ — all those results that are accomplished by means of rites laid down in Śrutis and Smṛtis.

‘Not injuring’ — causing pain to — his body.

‘Yogataḥ,’ ‘taking care,’ — i.e., by careful means. This is added with a view to such cases in which a person with delicate constitution suffers great pain if, all on a sudden, he takes to such austere ways of living as sleeping upon hard beds and wearing the deer-skin and so forth. The sense is that people, who are accustomed to well-cooked and delicious food, and to soft beds, etc., should not abandon these all at once; they should only gradually accustom themselves to things other than those they are accustomed to.

The term ‘Yoga’ may stand for well-graduated activity. In this sense the epithet ‘Yogataḥ is to be construed with ‘having brought under control.’

Or, we may construe the epithet just as it stands, the meaning being that ‘he should have recourse to such methods as not to injure his body.’ That is, he should not hurriedly renounce what may be necessary for his body.

Or again, ‘Yoga’ may stand for care; and the ‘tasi’ affix in this case has the sense of the instrumental; the sense being ‘he should protect his body with care.’ — (100)

 

Explanatory notes by Ganganath Jha:

‘Yogataḥ’ — (a) ‘By careful means’ (construed with ‘akṣiṇvan’ or ( b) ‘gradually’ (construed with ‘vaśekṛtvā’) — (Medhātithi); — ‘By the practice of yoga’ (Nārāyaṇa and Nandana).

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 122).

 

Comparative notes by various authors:

Vyāsa-ṣmrti (4.13), (also Vṛddha Śātātapa, 61). — ‘Having brought his senses under control, wherever a man may live, — that place is Kurukṣetra, Naimiṣa and Puṣkara.’

Vyāsasmṛti (4. 60-61). — ‘One does not become heroic by obtaining victory in battle; nor does he become learned by study; nor an orator by mere eloquence; nor liberal by making gifts of wealth; by conquering the organs does one become heroic; by following Dharma, learned, — by truthfulness, an orator; and liberal, by doing good to all beings.’

Vaśiṣṭha-smṛti (25. 8). — ‘Wisdom is attained by Yoga; Yoga is the characteristic of Dharma; Yoga is ever the highest penance; therefore one should be always addicted to Yoga.’

Bhagavadgītā (5. 28). — ‘The wise man, having his senses, Manas and Buddhi under control, having his heart fixed upon Liberation, with all his desires, fear and auger gone, — is ever free.’

 

 

VERSE 2.101 [Twilight Prayers]

Section XIX - Twilight Prayers

 

पूर्वां सन्ध्यां जपंस्तिष्ठेत् सावित्रीमाऽर्कदर्शनात् ।
पश्चिमां तु समासीनः सम्यग् ऋक्षविभावनात् ॥१०१॥

pūrvāṃ sandhyāṃ japaṃstiṣṭhet sāvitrīmā'rkadarśanāt |
paścimāṃ tu samāsīnaḥ samyag ṛkṣavibhāvanāt ||101||

 

Everyday during the earlier twilight one should stand repeating the Sāvitrī, till the sun becomes distinctly visible; and during the later twilight he should sit till the stars ark clearly seen. — (101)

 

Medhātithi’s commentary (manubhāṣya):

‘Earlier twilight’ is that when the morning is ahead; and the ‘later twilight’ is that when the sun sets. During the former ‘one should stand, repeating the Sāvitrī; i.e., rising from the seat, one should desist from moving and continue to remain at the same place. The ‘Sāvitrī’ has already been described as the verse ‘tatsavitur varenyam’; and it is this verse that has been referred to in the verse 2.78 laying down the pronouncing of the syllable ‘om,’ etc., in connection with the reciting of the Twilight Prayers.

‘Till the sun is visible’ — till the blessed God Sun becomes seen.

The present verse contains the injunction of the Repeating (of the Sāvitrī) and the Standing.

Question: — “What is the use of laying down the limit? The ‘twilight’ naturally ceases at sun-rise. For the very definition of ‘Twilight’ is that ‘it is that time during which darkness is not all gone, nor is light quite complete.’ It is also thus described — ‘When there is brightness in the sky and darkness on the earth, this time has been called sacred to the Sun.’ In the Nirukta also it is said that ‘When there is ruddiness below, it is the Sāvitra time.’ In works dealing with animals also it is said — ‘From what similarity — because it is ruddy underneath, and black underneath.’ And as a matter of fact, darkness ceases entirely at sunrise. It is ‘twilight’ when the characteristics of neither day nor night have ceased. The Accusative ending in ‘Sandyām’ denotes duration; hence the meaning is that so long as the time of twilight continues he should remain standing; and after that the man is naturally free.”

In answer to this some people have held that the Accusative ending here does not denote duration, it denotes the objective itself, in accordance with the declaration of the author of the Vārtika that ‘time conies to be called the object of intransitive verbs.’ As regards Pāṇini’s rule (2.3.5) laying down the use of the Accusative in the sense of ‘duration of time and space,’ it refers either to (1) such sentences as do not contain a verb signifying some action, — e.g., ‘the river crooked for two miles (krośam),’ ‘blessed throughout the night (sarva- rātram),’ — or (2) where the verb used is a transitive one, — e.g., ‘the book is studied for a month (māsam).’ In the present instance however, in the sentence ‘pūrvām sandhyām tiṣṭhet,’ — the root ‘sthū’ is intransitive. Hence the injunction in the text must be taken as meant to imply simply that the acts of standing and sitting should be done during the two Twilights. The precise time for the beginning of the acts is not directly laid down; for the simple reason that it is already implied: the time for the beginning of the enjoined act is the same as that of the period of ‘twilight.’ This period of ‘twilight’ is not a lengthy one, like that of the ‘Full Moon Day’ and the like; so that if there were any delay (in the beginning), the time would be difficult to detect; because the time falling between the end of night and the beginning of day is extremely subtle, and the sequence between these two is as difficult to discern as that between the rising of one and the dipping of another pan of the weighing scale. The Sun-god is extremely swift in his movements; and the time intervening between his passing from one zodiacal sign and entering into another has been regarded by astronomers to be a mere ‘truṭi,’ infinitesimal Similarly with the rising and setting of the Sun as indicating the beginning and end of the day. Before sun-rise it is ‘Night,’ and after sun-rise it is ‘Day’; and under this explanation there is no such time as ‘Twilight’; the rising of the sun h aving put an end to the night. It is for this reason that the performance is begun at times approximating to sunrise and sunset; and it ceases as soon as either the sun or the stars become distinctly visible. And hence one who continues the performance during such time is regarded as having fulfilled the injunction at the proper time. Thus what is meant by ‘Twilight’ here is just that time which is ‘Sāvitra’ — pertaining to the Sun, — and not that infinitesimal point of time postulated in astronomical works, which has been referred to above.

Objection. — “If this is so, then the offering of Twilight Prayers becomes impossible for those for whom the said time is exactly at which they perform their Agnihotra.”

Answer. — What is this objection? In the first place it is only right that what is enjoined in the Smṛti (i.e., the Twilight Prayers) should be set aside by what is enjoined in the Śruti (i.e., the Agnihotra). But as a matter of fact, there is no incompatibility between the two acts; for the Agnihotra-oblations (laid down by Śruti) could very well be offered by one while he is standing or sitting (which two acts are enjoined by the present verse).

“But it is not only standing and sitting that are enjoined by the present text; the repeating of the threefold Mantra is also prescribed. So that while one is repeating the (according to the present verse), how could he, at the same time, recite the Mantras prescribed in connection with the Agnihotra - oblations?”

Well, in that case, the repeating (of the Sāvitrī, etc.) might be set aside; but there would be no such incompatibility in connection with the acts of standing and sitting, which are the principal factors in the present injunction. And in accordance with the principle enunciated in Jaimini’s Sūtra (10. 2. 63), it is only right that the act of repeating the Sāvitrī, — which is only a subordinate factor — should be set aside. That the acts of standing and sitting are the principal factors is shown by the fact that the injunctive words ‘tiṣṭhet, (should stand) ‘āsīta’ (‘should sit’) directly enjoin those acts only; and that the repeating of the Sāvitrī is the subordinate factor is shown by the fact that it is spoken of by means of the present participial epithet (‘japan,’ ‘repeating’), which shows that it is only a qualifying adjunct. And the real connection with the injunction is of the acts of standing and sitting only; as is also made clear by what follows in the next two verses.

Some people have held that in the present context standing is the subordinate and the act of repeating the predominant factor, as it is from the latter that we have read of results following (in verse 78).

In answer to this we make the following observations: The present context is not intended for persons moved by personal desires; hence why should the text speak of any desirable results? As regards the misconception that people h ave regarding the declaration in verse 78 — ‘He becomes endowed with Vedic merit’ — describing the syllable ‘om,’ etc., as being a description of results, — this we have already disposed of under that context. Hence we conclude that in the present context, standing and sitting are the predominant factors.

Or, it may be that those who perforin the Agnihotra shall recite the Sāvitrī only once, or shall repeat it thrice; and this much of it will not interfere with the time prescribed for the Agnihotra. [Just as even though it is stated that ‘in the evening one becomes free by muttering prayers for a long time,’ yet this does not interfere with the performance of the Agnihotra. The term ‘aśna’ stands for long time.] And yet the said recitation of the Sāvitrī would accomplish the purpose of the Twilight Prayers; specially as the assertion that the repeating is to go on till the sun is seen is only a subordinate factor in the Injunction (and hence need not be necessarily followed).

[The above applies to such Agnihotrins only as have adopted the time before sun-rise for their offerings.] As for those who have adopted the time after sunrise, (the difficulty does not arise, and) the Agnihotra-oblations would naturally be offered after the Twilight Prayers have been offered.

Gautama (2.17) speaks of the two Twilight Prayers as to be offered ‘(a) while the stars are still visible (at dawn) and (b) till such time as the stars become visible (after sunset)’; and all that this means is that the time described is to be regarded as ‘Twilight’; and it does not mean that this time mentioned is part of the Injunction; nor does it follow that the Sāvitrī is to be repeated during the whole of the time stated. Just as in the case of the Injunction ‘One should offer sacrifices on the full-moonday,’ it does not mean that the act of sacrificing is to be repeated during all the time comprised in the time mentioned; exactly in the same manner, when we have such assertions as that “the Earlier Twilight-Prayers are to be repeated while the stars are visible, and the later ones while the sun is still visible,” — all that is meant is the definition of the two times; the meaning being that ‘such and such a time is what is meant by the term Twilight; and it is at that time that the Twilight-Prayers should be offered.’ Thus then, the term ‘Twilight’ standing for the period of time mentioned, if one should perform the standing or sitting and mantra-ref tenting for only a minute, or for any three or four points of time, he will have accomplished what is prescribed by the Injunction.

The term ‘Sadā,’ ‘Every day,' signifies the compulsory character of the act; and it is to be taken as pertaining to both Twilights.

‘Should sit’; — ‘sitting’ standing for any position other than standing, the meaning is that he should be seated.

‘Ṛkṣa’ means stars. ‘Ā’ — i.e., till — they are seen; — the ‘ā’ (‘till’) occurring in connection with ‘arkadarśanāt’ (in the first time) should be construed also along with ‘ṛkṣavibhāvanāt.’

‘Samyak,’ ‘clearly,’ qualifies both ‘darśana’ and ‘vibhāvana’; the sense being — (a) ‘when the sun is seen clearly, — i.e., the whole disc becomes visible,’ — and (b) ‘when the stars are bright, shining in their full splendour, and not dimmed by the stronger light of the sun.’ — (101)

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 121, 1. 26) — ‘Gautamena tu.’ The complete Sutra of Gautama is as follows tiṣṭhet pūrvāmāsīta uttarāṃ sajyotiṣyājyotiṣo darśanāt vāgyataḥ (2. 17)

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 447); — also in Parāśaramādhava (Ācāra, p. 281) as laying down the necessity of japa; — and in Hemādri (Śirāddha, p. 695).

 

Comparative notes by various authors:

Dakṣa (Parāśaramādhava, p. 267). — ‘The junction of Day and Night, devoid of the Sun, and the Stars, is called the Twilight.’

Dakṣa (Parāśaramādhava, p. 269). — ‘Two nādis at the end of night is the beginning of the Twilight; and the appearance of the first streak of the sun is its end.’

Gautama-Dharmasūtra, 2. 17. — ‘The morning prayers should be offered while the stars are still visible, and the Evening Prayers, before the stars become visible, — the man being seated and speech held in check.’

Baudhāyana-Dharmasūtra, (4.2. 10,12,13). — ‘The Morning Prayers should be offered by one seated facing the East; — it may be begun before sunrise, but it should be completed as soon as the sun has risen the Evening Prayers should he begun before sunset; it may be completed later on.’

Āpastamba-Dharmasūtra (1.11.30. 8). — ‘The two Twilight Prayers should be offered outside the village, with speeoh controlled.’

Vaśiṣṭha-smṛti (26. 2-3). — ‘Whatever sins, in act, mind Or speech, may have been committed during the day, — the man casts off by means of Breath-suspensions during the performance of the Evening Prayers; — whatever sins...... during the day... Morning Prayers.’

Viṣṇu-smṛti (27. 2-3). — ‘Prayers during the two twilights; — the Morning one should he offered standing, and the Evening one, sitting.’

Yājñavalkya (1. 24-25). — ‘One should continue to repeat the Sāvitrī in the evening till the appearance of the stars; and in the morning till the appearance of the sun.’

Samvarta (Vīramitrodaya-Saṃskāra, p. 447). — ‘In the morning the Twilight Prayers should be offered while the stars are still visible; the Evening Prayers while the sun is still visible, being only half-set; the student should offer the morning prayers, standing, and the evening prayers, seated.

Vyāsa (Parāśaramādhava, p. 268). — Since they worship the Twilight at the time of the junction of day and night, they call it the Twilight Prayer.’

Yogi-Yājñavalkya (Parāśaramādhava, p. 268). — ‘One should offer the Twilight Prayers at the junction, not either after sunset or after sunrise.’

Taittirīya-Brāhmaṇa (Parāśaramādhava, p. 268). — ‘Meditating upon the sun, rising and setting, if the learned Brāhmaṇa offer the Prayers, he obtains all that is good.’

Śaṅkha (Parāśaramādhava, p. 275). — ‘The Morning Twilight is accompanied by stars, and the Evening one by the sun; both these one should observe.’

 

 

VERSE 2.102

Section XIX - Twilight Prayers

 

पूर्वां सन्ध्यां जपंस्तिष्ठन्नैशमेनो व्यपोहति ।
पश्चिमां तु समासीनो मलं हन्ति दिवाकृतम् ॥१०२॥

pūrvāṃ sandhyāṃ japaṃstiṣṭhannaiśameno vyapohati |
paścimāṃ tu samāsīno malaṃ hanti divākṛtam ||102||

 

One who, during the morning-twilight, repeats (the Sāvitrī) standing, removes the sin of the (preceding) night; while he who, during the evening-Twilight, repeats it seated, destroys the sin committed during the day. — (102).

 

Medhātithi’s commentary (manubhāṣya):

The present verse describes the motive for the act in question.

‘Sin’ — the guilt born of having recourse to such acts as are prohibited.

‘Removes’ — sets aside.

‘Of the night’ — that which comes about — is committed — during the night.

The term ‘malam’ is synoymous with ‘enaḥ.’

This cannot mean that the act under question is sufficient expiation for all the sin that one may have committed during the night and day. For if it were so, then there would be no point in the prescribing of the Kṛcchra and other specific expiating rites; for the simple reason that — ‘when one can find honey in a frequented place why should he go to the mountain?’ — as the well known saying has it. All that the present verse means is that the act removes just those minor sins that one might commit by chance (not habitually), or which could not be avoided, — for which no specially expiatory rites arc prescribed. For instance, when a sleeping man throws about his arms or turns upon his sides, he might cause the death of small insects; or ho may, during sleep, happen to scratch his private parts, the unnecessary touching of which has been prohibited; or the uncleanliness that might be caused by the flowing out of saliva, which is not cleaned immediately; or the having recourse to prohibited things at improper times. It is in view of such minor sins that we have the assertion that ‘the man who does not offer the Twilight-Prayers should at all times be regarded as unclean.

The mention of such results following from the act in question does not deprive it of its compulsory character; as the sins described are always liable to be committed. For instauce, during the day also while passing on the road one comes across strange women, and looks at their faces, and h as his mind affected by emotions arising therefrom; or, he may happen to talk in anger, or of indecent things; — all such sins are removed by the performance of the two Twilight-Prayers. — (102)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 257) as eulogising the Twilight Prayer, — where ‘malam’ is explained as sin.

 

Comparative notes by various authors:

Vaśiṣṭha-Smṛti (26. 2. 8). — (See under 101.)

Baudhāyana-Dharmasūtra (2. 4. 18-21). — ‘The sin committed through the reproductive organs, through the feet, through the arms, through the mind, through speech, — from all this one becomes absolved by offering the Evening Prayers. If one offers the Evening Prayers, him Varuṇa captures not. Similarly by offering the Morning Prayers, one becomes absolved from sins committed during the night.’

Yama (Parāśaramādhava, p. 278). — ‘Those who constantly observe the Twilight have their sins removed;... whatever sin is committed during the day, by act, mind and word, all that one destroys by means of the Evening Prayers and by Breath-control; whatever sin is committed during the night, all that one destroys by means of the Morning Prayers and by Breath-control.’

 

 

VERSE 2.103

Section XIX - Twilight Prayers

 

न तिष्ठति तु यः पूर्वां नौपास्ते यश्च पश्चिमाम् ।
स शूद्रवद् बहिष्कार्यः सर्वस्माद् द्विजकर्मणः ॥१०३॥

na tiṣṭhati tu yaḥ pūrvāṃ naupāste yaśca paścimām |
sa śūdravad bahiṣkāryaḥ sarvasmād dvijakarmaṇaḥ ||103||

 

But he who does not stand during the morning-twilight, and who does not sit through the evening-twilight, should be excluded, like the Sśūdra, from all that is due to twice-born persons. — (103)

 

Medhātithi’s commentary (manubhāṣya):

The present verse, describing the evil accruing from the non-performance of the Twilight-Prayers, serves to emphasise the compulsory character of these.

He who does not keep standing during the morning-twilight and who does not keep seated during the evening-twilight, should be regarded as a Śūdra.

‘From all that is due to twice-born persons’; — i.e., entertaining as a guest, honouring, offering of gifts and so forth. — ‘He should be excluded,’ — i.e., discarded.

For this reason, in order to avoid being treated as a Śūdra one should observe the Twilight Prayers every day.

This verse also points out the motive behind the performance; and standing and seating during the repeating of the Sāvitrī are the acts enjoined in the present context; and that act is to be regarded as of primary importance with which the motive happens to be connected; so that all the rest of what is said in the present connection is only subsidiary and of secondary importance. — (103)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Ācāra, p. 258), — where ‘Dvijakarma’ is explained as studying and the rest, — as precluding the neglector of Twilight Prayers from all Brahmanical functions.

 

Comparative notes by various authors:

Baudhāyana-Dharmasūtra (2.4.15). — ‘Here are two verses recited by Prajāpati — One who does not worship the Morning Twilight before its advent, and who does not worship the Evening Twilight before its lapse, — how can they be regarded as Brāhmaṇa? Those Brāhmaṇas who worship not the Morning and Evening Twilights, them the righteous king would be free to employ in the works of Śūdras.’

Dakṣa (Parāśaramādhava, p. 268). — ‘The man devoid of the Twilight Prayers is unclean and unfit for all rites.’

Gobhila (Parāśaramādhava, p. 278). — ‘One who knows not, and observes not the Twilight Prayers, — while living — he remains a Śūdra, and on death becomes born as a dog.’

Viṣṇu-purāṇa (Parāśaramādhava, p. 278). — ‘Those who observe not the Morning or Evening Prayers, those evil-minded ones fall into the darkest hell.’

Kūrmapurāṇa (Parāśaramādhava, p. 379). — ‘If one neglects the Twilight Prayers, and devotes his attention to other acts, he falls into ten thousand hells.’

Yājñavalkya (Parāśaramādhava, p. 379). — ‘If a Brāhmaṇa, except when he is ill, omits the Twilight Prayers, he incurs sin and is despised in the world.’

Atri (Parāśaramādhava, p. 379). — ‘Those who, while in good health, observe not the Twilight Prayers, — are wicked and injure the sun.’

 

 

VERSE 2.104

Section XIX - Twilight Prayers

 

अपां समीपे नियतो नैत्यकं विधिमास्थितः ।
सावित्रीमप्यधीयीत गत्वाऽरण्यं समाहितः ॥१०४॥

apāṃ samīpe niyato naityakaṃ vidhimāsthitaḥ |
sāvitrīmapyadhīyīta gatvā'raṇyaṃ samāhitaḥ ||104||

 

Convinced of the necessary character of the injunction, and retiring to the forest on a spot near water, one may even recite the Sāvitrī only, with a clean body and a collected mind. — (104)

 

Medhātithi’s commentary (manubhāṣya):

This is another injunction in connection with Vedic study; and as what is here stated has not been mentioned in any other context, the ‘study’ herein laid down must be different from that ‘study’ which is undertaken for the purpose of getting up the Text.

 

‘Forest’ — stands for some solitary spot outside the village; — ‘retiring’ to such a spot; — ‘near water’ — on the bank of a river or tank, etc.; or in the absence of these, even near water contained in the water-pot and such other vessels.

‘Niyataḥ' — may mean either ‘with clean body,’ or‘with due effort.’

‘Samāhitaḥ,’ ‘with collected mind,’ — i.e., free from all mental distractions.

‘One may even recite the Sāvitrī,’ — i.e., if on account of the interference of some sort of business, he is unable to recite many hymns or sections or chapters.

‘Convinced of the necessary character of the injunction.’ — ‘Naityaka’ is the same as ‘nitya.’ — Having made up his mind that the injunction is a compulsory one.

The injunction of studying the Veda for the purpose of getting up the Text forms the ‘archetype’; and of that the present injunction is the ‘ectype,’ and as such it includes all the details of the former; so that the rules regarding the pronouncing of the syllable ‘om’ at the beginning of Vedic Study (laid down in 74) and the sitting upon Kuśa-grass with ends pointing towards the East (laid down in 75), appertain to the present injunction also.

Others have explained the term ‘vidhi’ to stand for ‘vidhā,’ method, procedure; the meaning (of the phrase ‘naityakam vidhimāsthitaḥ’) being ‘taking his stand upon the procedure laid down for the study of the Veda, which is necessary for, — must be done by — the Religious Student.’ The compulsory character of this method would have to be deduced from what follows in verse 106 below, regarding ‘this being called Brahmasatra.’

The former explanation appears to be the right one; for as a matter of fact, the term ‘vi dhi’ is not known to be denotative of method. Further, if the term ‘naityakam’ stands for what should be done by the Religious Student, then the same term as occurring in verse 106 will also have to be taken in the same sense; and in that case the prohibition of ‘non-study’ therein contained would come to apply to the same, — i.e., to that which must be done by the Religious Student (which is absurd). — (101)

 

Explanatory notes by Ganganath Jha:

This is quoted in Parāśaramādhava (Ācāra, p. 312), as laying down the place and other details in connection with the Twilight’ Prayers; — in Madanapārijāta (p. 281); in Aparārka (p. 70), as indicating that in the event of the man being unable to perform the entire Brahmayajña he may do it by means of the Sāvitrī alone; and again on p. 136; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 38a).

 

Comparative notes by various authors:

Vyāsa (Parāśaramādhava, p. 275). — ‘In the house, the Twilight prayer is onefold; in cow-pen, tenfold; on the river ten-thousandfold; near Viṣṇu, it is infinite.’

Mahābhārata (Parāśaramādhava, p. 275). — ‘Twilight prayer is tenfold, when performed outside, near a tank or a stream; at a sacred tîrtha, it is a hundredfold; and thousandfold on the bank of the Ganges.’

Baudhāyana-Dharmasūtra (2. 5. 14-15), — ‘They declare that the Praṇava, the Vyāhṛtis and the Sāvitrī, — the five Brahmic Sacrifices, — all this done daily absolves the Brāhmaṇa from sins. — Being purified by the five Brahmic Sacrifices they appease the lords.’

Śātātapa (Parāśaramādhava, p. 276). — ‘Lying, smell of liquor, sexual intercourse during the day, eating of Śūdra’s food, — all these sins are removed by offering the Twilight Prayer outside.’

Śātātapa (Parāśaramādhava 6. 6. 7). — ‘Daily he should carry on Vedic Study beginning with the Praṇava; thus does he fulfil the Brahmic Sacrifice; — Vedic Study constituting the Brahmic Sacrifice.’

 

 

VERSE 2.105 [Non-observance of Holidays]

Section XX - Non-observance of Holidays

 

वेदौपकरणे चैव स्वाध्याये चैव नैत्यके ।
नानुरोधोऽस्त्यनध्याये होममन्त्रेषु चैव हि ॥१०५॥

vedaupakaraṇe caiva svādhyāye caiva naityake |
nānurodho'styanadhyāye homamantreṣu caiva hi ||105||

 

There is no regard for (observance of) days forbidden for study in connection with the appurtenances to the Veda, and with the mantras recited during oblations. — (105)

 

Medhātithi’s commentary (manubhāṣya):

‘Appurtenance’ is that which helps; i.e., aids to Vedic study; the subsidiary treatises on Kalpasūtra, Nirukta and so forth. When these are being studied, no regard — no attention — need he paid to ‘days forbidden for study’; similarly with the Mantras recited during oblations, — holidays need not be observed; that, is, all this study should he carried on also during the days forbidden for study.

Another reading (for ‘anurodhaḥ’) is ‘nīrodhaḥ,’ meaning ‘cessation’; the meaning being that even on ‘days forbidden for study’ there is no cessation of the study of what are specified in the verse.

Though it is one of the necessary conditions of the injunction of ‘study’ that there should be no study on holidays, and this injunction pertains to the ‘study’ of ‘Svādhyāya,’ which is Veda, — and the subsidiary treatises are not called ‘Veda,’ — yet people might be led to think that these latter also are interspersed with passages from the Veda; hence the Text makes it quite clear.

Or, the ‘subsidiary treatises’ may he taken only as an instance; the sense being that ‘just as there is no holiday in the case of the subsidiary Treatises so is there none in the case of the Veda also.’

‘With Mantras recited during oblations’; — i.e., those Mantras that are recited during the Agnihotra-oblations, or those recited during the Sāvitra and other propitiatory oblations. All this is merely by way of illustration. This fact, which is fully sustained by reason, is explained here for the benefit of persons who might think that the rule regarding the ceasing of study on holidays pertains to the uttering of any and every Vedie passage, such as the Mantras included under the ‘śaśvat-japa’ and ‘Praiṣas,’ — all which form the subject-matter of the injunction of Vedic Study, — and might conclude that on the Caturdaśī and such other holidavs, even the Mantras in connection with oblations should not be recited. As a matter of fact, the observing of holidays laid down in connection with Vedic Study prescribed by the injunction of Study does not pertain to all Veda; and there are no holidays in connection with Mantras recited during the performance of religious rites.

‘In connection with the daily study of the Veda’; — i.e., in connection with that study of the Veda which has been enjoined in a preceding text as compulsory for men in all stages of life. — (105)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 149), as an exception to the rule mentioning certain days as ‘unfit for study’; — and the term ‘upakaraṇa’ is explained as aṅgāni, ‘the subsidiary sciences’; and the ‘nitya-svādhyāya’ as that reciting of Vedic texts which constitutes the ‘Brahmayajña’. The same work quotes it again (on p. 314) as precluding the Brahmayajña from the scope of the rule prohibiting the reading of Vedic texts on certain days.

It is quoted in Vidhānapārijāta (I, p. 534) as embodying an exception to the rule regarding days unfit for study; — and again in II, p. 262 as embodying an eulogy on Brahmayajña; — also in Madanapārijāta (p. 105) as laying down a case where the rules relating to time unfit for study do not apply; — and also in Vīramitrodaya (Saṃskāra, p. 537), as the foremost exception to the rules regarding days unfit for study.

It is quoted in Aparārka (p. 137), where ‘vedopakaraṇa’ is explained as ‘vedāṅga’; — in Smṛtisāroddhāra (p. 141), which construes the passage as ‘vedopakaraṇe naityake nānadhyāyaḥ,’ as otherwise there would be conflict with other texts; — in Smṛticandrikā (Saṃskāra, pp. 148 and 162) which adds the following notes: ‘Vedopakaraṇa’ are the Vedāṅgas — ‘nitya-svādhyāya’ is Brahmayajña; — in Hemādri (Śrāddha, p. 775); — in Saṃskāramayūkha (p. 59), which supplies the same explanation of ‘nityasvādhyāya’; — and in Saṃskāraratnamālā (p. 338), which explains ‘Vedopakaraṇa’ as the Vedaṇgas, and notes that the singular number is used since the noun is treated as a class-name.

 

Comparative notes by various authors:

(Verses 105-106)

Āpastamba-Dharmasūtra (2. 4. 12. 9). — ‘There are forbidden days for study, but none for the reciting of Mantras during religious acts.’

Śaunaka (Parāśaramādhava, p. 149). — ‘For the compulsory recitation, for sacrifices, for a certain purpose and for the repetition of the texts, there are no forbidden days for the Vedas; nor in the reciting or imparting of Mantras.’

Āpastamba-Dharmasūtra (4. 12. 3). — ‘Vedic study is Brahma-Yajña.’

Śaunaka (Vīramitrodaya-Saṃskāra, p. 537). — ‘There are no forbidden days for the Daily Sacrifices, nor for the subsidiary Sciences, nor for sacrificial performances, nor for the repeating of lessons, nor in the receiving of Mantras. There is no day forbidden for the reciting of Mantras in the worshipping of gods.’

Kūrmapurāṇa (Vīramitrodaya-Saṃskāra, p. 538). — ‘There is no day forbidden for the Obligatory Rites, nor in the offering of Twilight Prayers, nor in the Upākarma rites, nor in the reciting of the Homa-mantras... There are no forbidden Days for the study of the Subsidiary Sciences, or of Itihāsas and Purāṇas... One should always study the Brahmavidyā, and repeat the Sāvitrī, the Śatarudriya Hymn and also the Vedanta texts.’

Kūrmapurāṇa (Parāśaramādhava, p. 150). — ‘There is no day forbidden for the study of the Subsidiary Sciences, or of Itihāsas and Purāṇas, or of the Dharmaśāstras. But these should be avoided on the Parva days.’

 

 

VERSE 2.106

Section XX - Non-observance of Holidays

 

नैत्यके नास्त्यनध्यायो ब्रह्मसत्रं हि तत् स्मृतम् ।
ब्रह्माहुतिहुतं पुण्यमनध्यायवषट् कृतम् ?? ॥१०६॥

naityake nāstyanadhyāyo brahmasatraṃ hi tat smṛtam |
brahmāhutihutaṃ puṇyamanadhyāyavaṣaṭ kṛtam ?? ||106||

 

There is no “day forbidden for study” in regard to the daily recitation; since this has been called “Brahmasatra”; it is meritorious, being offered with the offering of study, and being maintained by the syllable “vaṣaṭ” in the shape of the recitation made on forbidden days. — (106)

 

Medhātithi’s commentary (manubhāṣya):

This verse supplies the valedictory supplement to the foregoing Injunction.

For the following reason, ‘in regard to the daily recitation, there is no day forbidden for study,’ because ‘it has been called Brahmasatra.’ That is called ‘Satra’ which is performed continuously; just as the Satra continues to be performed for thousand years and more without a break — and the sacrifice consisting of Vedic Study also is a Satra; and because it is a Satra, there should he no break in it; for if there were a break, it would cease to be ‘Satra.’

That the Recitation is a Satra is further explained by means of a metaphor. (1) This Satra is offered with the offering of ‘Brahman’ — i.e., study; just as the ordinary Satra is offered with the offering of Soma. The root ‘hu’ in this connection stands for unceasing offering, verbal roots being capable of several significations. The term * Brahma’ indicates the act of study pertaining to the Veda. The ‘study of Brahma’ is like an ‘offering’; this compound (‘Brahmā-huti’) being in accordance with Pāṇini 2.1.50.

The recitation that is done on the forbidden days supplies the place of the syllable ‘v aṣaṭ.’ In the ordinary Satra, at the end of each Yājyā-hymn tho continuity is maintained by the uttering of the syllable ‘vaṣat’; and in the same manner, the continuity of ‘Vedic Study’ is maintained by the recitation that is made on the Caturdaśī and other forbidden days; and this recitation therefore takes the place of the syllable ‘vaṣaṭ.’

The term ‘vaṣat’ here indicates the syllable ‘vauṣaṭ.’

The Satra is ‘maintained — i.e.’, accomplished — by this syllable. The compound (‘vaṣaṭkṛtam’) being in accordance with Pāṇini 2.1.32. — (106)

 

Explanatory notes by Ganganath Jha:

“The last clause of verse 106 finds its explanation by the passage from, the Śatapatha Brāhmaṇa quoted by Āpastamba, 1. 12. 3.” — Buhler.

Neither Buhler’s, nor Burnell’s, nor Hopkins’ rendering of the verse is in keeping with the explanation provided by Medhātithi or Kullūka.

This verse is quoted in Madanapārijāta (p. 282) along with 105, as setting forth an exception to the rules regarding days unfit for study; — in Aparārka (p. 137); — and in Hemādri (Śrāddha, p. 775).

 

Comparative notes by various authors:

(Verses 105-106)

See Comparative notes for Verse 2.105 (Non-observance of Holidays).

 

 

VERSE 2.107

Section XX - Non-observance of Holidays

 

यः स्वाध्यायमधीतेऽब्दं विधिना नियतः शुचिः ।
तस्य नित्यं क्षरत्येष पयो दधि घृतं मधु ॥१०७॥

yaḥ svādhyāyamadhīte'bdaṃ vidhinā niyataḥ śuciḥ |
tasya nityaṃ kṣaratyeṣa payo dadhi ghṛtaṃ madhu ||107||

 

He who, clean and self-controlled, recites the Veda, in due form, for one year, — for him this constantly fours out milk, curd, clarified butter and honey. — (107)

 

Medhātithi’s commentary (manubhāṣya):

This also is supplementary to the Injunction under consideration. The Injunction has been understood to be a compulsory one; and the mention of results in connection with compulsory injunctions is purely valedictory; nor do we find any Injunctive affix (in the present verse); so that the principle enunciated in the Mīmāṃsā Sūtra 1.3.5 not applying to the present case, the mention of ‘milk, curd and the rest’ could not be taken as laying down a fresh motive for another action; and when the compulsory character of the Injunction has been ascertained, the principle of the ‘also is not applicable; so tbat ‘milk’ and the rest could not be regarded as of any use. For all these reasons the passage must be regarded as a purely valedictory description; and it is based upon the fact that one who studies the Veda regularly becomes famous among people, and hence becoming the recipient of gifts of cattle, be naturally obtains large quantities of milk, etc.

‘Svādhyāya’ — Veda; — ‘udhīte’ — recites; — ‘for one year’ — for one full year ; — ‘in due form,’ — i.e., seated upon Kuśa-grass with its tips pointing eastwards; — ‘self-controlled,’ — i.e., with the organs under bis full control; — ‘clean’ — by means of bathing, etc.,; ‘for him’ — for that man; — ‘constantly’ — as long as he lives; — ‘pours out’ — makes to flow, supplies; — ‘this’ — recitation; — ‘milk, curd, etc.’

Others hold that the terms ‘payaḥ’ (‘milk’) and the rest stand respectively for Merit, Worldly Prosperity, Pleasure and Pinal Liberation. Merit is called ‘milk’ because the two are similar in the point of purity; Worldly Prosperity is called ‘curd,’ because it resembles the latter in being a source of strengthening the body; Pleasure is called ‘clarified butter,’ because of the resemblance consisting in both containing ‘Sneha’ (smoothness); Pinal Liberation is called ‘honey’ because it combines in one all flavours. The meaning thus is that all the purposes of man are accomplished in a single year, what to say of the study being continued for a longer time!

As the whole passage is purely valedictory, we need not be very particular as to what is the right signification of the terms ‘milk’ and the rest. — (107)

 

Explanatory notes by Ganganath Jha:

‘Payo dadhi ghṛtam madhu’ — stand respectively for Merit, Wealth, Pleasure and Final Release, according to Nārāyaṇa and Nandana. Medhātithi notes this explanation as provided by ‘others.’

Medhātithi (p. 124, 1. 15) — ‘Ekasya tūhhayatve’ — This is Mīmāṃsā Sūtra 4. 3. 4. There are two texts — ‘makes an offering of curd’ and ‘for the benefit of one desiring sense-organs, one should sacrifice with curd’; the question that arises is whether these two texts lay down two distinct acts, or both conjointly enjoin a single act; and the conclusion is that the two acts are distinct.

This principle, Medhātithi argues, is not applicable to the present case; the mention of the four distinct substances cannot he taken as supplying the motive for four distinct acts.

Medhātithi (p. 124,1. 16) — ‘Rātrisatranyāyaḥ’ — This is enunciated in Mīmāṃsā Sūtra 4. 3. 17 et seq. In connection with the Rātrisatra sacrifice, it has been held that it is conducive to ‘respectability,’ even though this is a result mentioned in an Arthavāda passage. This principle also is not applicable to the present case where the necessary motive is provided by the compulsory character of the act.

 

Comparative notes by various authors:

Viṣṇu-Smṛti (30. 34-38). — ‘When one recites the Ṛk verses, he satisfies the Pitṛs with clarified butter; — when he recites the Yajuṣ verse, he satisfies them with honey; — when he recites the Sāma verses, he satisfies them with milk; — when he recites the Atharva verses, he satisfies them with meat; — when he reads the Purāṇas, the Itihāsas, the Vedic Subsidiary Sciences and the Dharmaśāstras, — he satisfies them with grain-food.’

Yājñavalkya-Smṛti (1. 41-47). — ‘One who daily reads the Ṛk verses satisfies the gods and the Pitṛs with honey and clarified butter; — he who reads the Yajuṣ verses every day, to the best of his ability, satisfies the gods with clarified butter and the Pitṛs with clarified butter and honey; — he who reads the Sāma verses daily satisfies the gods with Soma and clarified butter, and the Pitṛs with honey and clarified butter; — he who daily reads the Atharvāñgiras texts satisfies the gods with fat and the Pitre with honey and clarified butter; — he who to the best of his capacity, daily reads the Vākovākya, Purāṇa, the Narāśamsī hymns, ītihāsa and the Sciences, satisfies the gods with meat, milk, rice and honey, and the Pitṛs with honey and clarified butter — all these being satisfied endow him with all kinds of prosperity.’

Āpastamba-Gṛhyasūtra (3. 3. 2-3). — ‘When one reads the Ṛk verses he satisfies the gods with offerings of milk; — when he reads the Yajuṣ verses, with offerings of clarified butter; — when he reads the Sāma verses, with offerings of honey; — when he reads the Atharvāñgiras verses, with offerings of Soma; — when he reads the Brāhmaṇas, the Kalpas, the Nārāśamsī hymns, the Itihāsas and the Purāṇas, — with offerings of nectar. When he reads the Ṛk verses, streams of milk reach his Pitṛs; — when he reads the Yajuṣ verses, streams of clarified butter; — when he reads the Sāma verses, streams of honey; — when he reads the tharvāúgiras verses, streams of Soma; — when he reads the Brāhmaṇas, the Kalpas, the Nārāśamsī hymns, the Itihāsas and Purāṇas, streams of nectar.’

 

 

VERSE 2.108 [Continuation of the Duties of the Initiated Boy]

Section XXI - Continuation of the Duties of the Initiated Boy

 

अग्नीन्धनं भैक्षचर्यामधःशय्यां गुरोर्हितम् ।
आ समावर्तनात् कुर्यात् कृतोपनयनो द्विजः ॥१०८॥

agnīndhanaṃ bhaikṣacaryāmadhaḥśayyāṃ gurorhitam |
ā samāvartanāt kuryāt kṛtopanayano dvijaḥ ||108||

 

The twice-born person, whose Initiation has been performed, should continue to do, till the final Bath of “Return” (Samāvartana), tub kindling of fire, the begging of food, the sleeping on the ground and the acting for the teacher’s well- being. — (108)

 

Medhātithi’s commentary (manubhāṣya):

‘The kindling of fire’ — i.e., setting the fire aflame every morning and evening by supplying fuel to it.

‘Sleeping on the ground’; — i.e., not ascending a bedstead, not actually sleeping on the hare ground.

‘Teacher’s well-being,’ — i.e., service consisting of the fetching of water in jars and such other work. As for the doing of things beneficial to him, this is to be done throughout life.

All this should be done till that Final Bath, which consists in returning from the Teacher’s house, and which constitutes the end of Religious Studentship; for the simple reason that all this is included in the Injunction of ‘Vedic Study.’ As a matter of fact, the life of the ‘student’ and its appurtenant details have to continue till the Veda is completely got up; so that as soon as this getting up is done, the discontinuance of the details follows as a matter of course.

The reiteration of the ‘kindling of fire’ and other duties in the present verse is meant to indicate that the duties other than those — which have been previously prescribed for students — are incumbent upon persons in the succeeding stages of life also (and are not confined to the ‘student’ only). As says Gautama (3.9), — ‘All this is not incompatible with the succeeding stages of life.’

“But why cannot we have this that the duties specified in the present verse are to continue during the whole studentship stage, while others might be discontinued even beforehand?”

The opinion of other Smṛtis on this point has been already shown to be that all rules are laid down in connection with their principal time; (and this time in the present case being the entire studentship-stage) if the course just suggested were adopted (and some of the present duties were dropped before the end of that stage), we would be needlessly going against this principle.

In place of the expression ‘gurorhitam’ the right form would have been ‘gurave hitam’ in the Dative, accordingly to Pāṇini 2.1.36, which lays down the use of the Dative in connection with the term ‘hita.’ — (108)

 

Explanatory notes by Ganganath Jha:

‘Āsamāvartanāt ’ — See 3. 3-4.

This verse, is quoted in Parāśaramādhava (Ācāra. p. 455), as laying down the duties of the Student; — in Vīramitrodaya (Saṃskāra, p. 489) as laying down the ‘ miscellaneous duties ’ of the Student; — and in Aparārka (p. 76), as laying down the time-limit up to which the fire-tending and other functions have to be kept up.

‘Acting for the teacher’s well-being.’ The details of this have been described by Hārīta, quoted in Vīramitrodaya (Saṃskāra, p. 490) — ‘By fetching of water, Kuśa-grass, flowers, fuel, roots, fruits, sweeping and washing of the house, bodily service and so forth, — he should devotedly attend upon the Teacher, whose cast off clothes, bed and seat he should never step over.’

This verse is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 46a); — and in Smṛticandrikā (Saṃskāra, p. 118), which adds that those mentioned here indicate the other duties also.

 

Comparative notes by various authors:

Baudhāyana-Dharmasūtra (2. 1. 20-21, 43). — ‘Every day he should fetch fuel from the forest and lay it; — he should rise before the Teacher and sleep after him; — during the course of his study, he should attend upon the Teacher and follow him.’

Āpastamba-Dharmasūtra (1. 1. 2. 15). — ‘He should never bear malice towards the Teacher.’

Āpastamba-Dharmasūtra (1. 1. 2. 11). — ‘After initiation the boy should live with the Teacher as a religious student.’

Āpastamba-Dharmasūtra (1.3.2. 20-21). — ‘Always doing good to the teacher, never crossing him in his words; sleeping on a lower bed.’

Āpastamba-Dharmasūtra (1. 1. 4. 13, 14, 16). — ‘Morning and evening he should fetch a jar of water; — always he should fetch fuel from the forest and lay it down; — having kindled the fire and cleaned the place, he should lay fuel upon it, both morning and evening, in accordance with instructions.’

Āpastamba-Dharmasūtra (1.1. 3. 25). — ‘Morning and evening he should beg for food from people other than those that are wicked or accused of evil deeds; and after having presented to the teacher all that he obtains, he should live upon what the Teacher gives him.’

Vaśiṣṭha-Smṛti (1. 3, 4, 5, 10, 11). — ‘The Religious Student shall serve the Teacher till ṭhe death of his body; — he shall keep his speech under control and having begged food, he shall take it either during the fourth or the sixth or the eighth part of the day; — he shall come to read when called; — whatever food he obtains by begging, he shall present to the Teacher, and shall eat only with his permission; — during the day, he shall avoid sleeping on the bedstead, washing the teeth, applying of collyrium to the eyes, oiling of the body, wearing of shoes and carrying of the umbrella; — he shall rest during the night.’

Viṣṇu-Smṛti (27. 4, 7, 9, 12). — ‘Both times he shall bathe and tend the fire; — he shall do what is good for and agreeable to the Teacher; — he shall beg alms from respectable families, but not from his Teacher’s family; — he shall sleep on the ground.’

Yājñavalkya-Smṛti (1.25,27, 28). — ‘Both morning and evening he shall attend upon the fire; — he shall always do, with his mind, speech and body what is good for his teacher; for his livelihood, he shall beg food from respectable Brāhmaṇas.’

Brahmapurāṇa (Vīramitrodaya-Saṃskāra, p. 489). — ‘The Religious Student shall always wear the girdle, the skin, the staff, the Upavīta, the loin-slip and the waist-band.’

Yama (Do. and Parāśaramādhava, p. 455). — ‘Living on food received in alms, he shall live with the Teacher, and keep the staff, the water-pot, the kuśa-bundle, muñja-girdle, and the vow of celibacy. The Religious Student shall always carry the girdle, the skin, the staff, the sacred thread, the loin-slip, and the thread round the loins.’

Vyāsa (Do.). — ‘Sleeping after the Teacher and rising before him, living in the teacher’s house, he shall do all that should be done by the pupil and the servant; he shall always stay by his side, his constant attendant; he shall not eat until the Teacher has eaten; nor shall he drink water until the Teacher has drunk it; he shall not sit while the Teacher is standing, nor sleep while he is sitting.’

Yājñavalkya (Do. 490). — ‘He shall attend upon the Teacher, for purposes of Vedic study; he shall read when he is called upon to do so: whatever he obtains in alms he shall present to the Teacher.’

Hārīta (Do.). — ‘He shall serve the Teacher by fetching water, gathering Kuśa, flowers, fuel, roots and fruits, sweeping, washing, bodily service; he shall attend upon him while he is walking, sitting or sleeping; he shall never sleep over what has been worn by him, or over his bed and seat or wear his sandals or step over his shadow.’

Āpastamba (Do.). — ‘He should be entirely subservient to the Teacher, — except as regards the degrading crimes.’

Yama (Do.). — ‘Subservient to the Teacher, not independent, living in the Teacher’s house, he shall rise before him and sleep after him; he shall keep his sleep and food under control, suppressing indolence and anger, fully self-controlled, ever attentive, free from egotism and devoted to the service of the Teacher.’

Viṣṇu (Do., p. 491). — ‘He shall never sit on the same seat with his Teacher, except upon rafts and boats.’

Sumantu (Parāśaramādhava, p. 455). — ‘Celibacy, austerity, alms-begging, fire-tending during the twilights, Vedic study, service of the Teacher, these the Religious Student shall observe.’

 

 

VERSE 2.109 [Specially qualified Pupils]

Section XXII - Specially qualified Pupils

 

आचार्यपुत्रः शुश्रूषुर्ज्ञानदो धार्मिकः शुचिः ।
आप्तः शक्तोऽर्थदः साधुः स्वोऽध्याप्या दश धर्मतः ?? ॥१०९॥

ācāryaputraḥ śuśrūṣurjñānado dhārmikaḥ śuciḥ |
āptaḥ śakto'rthadaḥ sādhuḥ svo'dhyāpyā daśa dharmataḥ ?? ||109||

 

The teacher’s son, one who is eager to do service, one who imparts knowledge, one who is righteous, one who is clean, a near relative, one who is competent, one who gives monet, one who is gentle, and one’s own (son) — these ten should be taught for the sake of merit. — (109)

 

Medhātithi’s commentary (manubhāṣya):

In verse 233 below the author is going to declare that ‘Of all gifts the gift of the Veda is the best’; and the question arising as to the sort of person to whom knowledge should be imparted — the present verse proceeds to describe the characteristics of the recipient of knowledge. And this contains the injunction of teaching, which is connected with the section dealing with the duties of the student.

‘The Teacher’s son.’ — ‘He who is eager to do service,’ i.e., — personal attendance, or other household work in accordance with his strength, such as rubbing the body and so forth.

‘One who imparts knowledge,’ — such knowledge as may not be known to the Teacher, but which may have been learnt somehow by the pupil; e.g., sciences dealing with property, love and the arts, or with Dharma; the teaching of suoh a pupil is by way of exchange of knowledge.

‘One who is righteous '; — he who makes it his chief business to perform the Agnihotra and such religious acts.

‘One who is clean’; — one who keeps his body clean with clay and water.

The three words ‘righteous,’ ‘clean’ and ‘gentle’ are not needless repetitions, — their use being similar to the use of such expressions as ‘go-balīvarda’ (where the second term serves to qualify the first).

‘A near relatice’ — a friend or closely related person.

‘One who is competent’ — capable of getting up and remembering texts.

‘One’s own son,’ — who has been previously ‘initiated.’

These ten, even though ‘initiated’ by others, should be taught.

“The text uses the term dharmataḥ, which means that by teaching them one acquires merit. But one who pays money clearly brings a visible benefit to the teacher; wherefore then can there be any justification for the assuming of an unseen result — in the shape of merit — in this case?”

Who says that there is to be an assumption of unseen results? There can be no assumption of what is directly stated. It has been distinctly declared tbat “these ten should be taught ‘for the sake of merit.’”

The revered teacher however says that what the term ‘dharmataḥ’ means is that what is here stated is the rule of the sacred law; by teaching these persons there is no transgression of the law. It does not mean that by imparting knowledge to one who pays money the teacher acquires the merit that results from the act of imparting knowledge. — (109)

 

Explanatory notes by Ganganath Jha:

‘Dharmataḥ’ — ‘According to the sacred law’ (Kullūka and Nandana); — ‘for the sake of merit’ (Medhātithi, Govindarājā and Nārāyaṇa).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 517) as laying down the duties of the Teacher; — in Saṃskāramayūkha (p. 51); — in Saṃskāraratnamālā (p. 812); — and in Smṛticandrikā (Saṃskāra, p. 140) which explains ‘śaktaḥ’ as ‘capable of acquiring knowledge’ and ‘jñānadaḥ’ as ‘one who has imparted knowledge.’

Medhātithi (p. 125, 1. 22) — ‘Upādhyāyastu’ — This ‘Upādhyāya’ is referred to several times. He is either Medhātithi’s teacher, or an older commentator on Manu. The former is more probable.

 

Comparative notes by various authors:

Yājñavalkya (1.28). — ‘(1) One who is grateful, (2) who bears no hatred, (3) who is exceptionally intelligent, (4) who is clean, (5) who is not jealous, (6) who is gentle, (7) who is competent, (8) a near relative, (9) who imparts knowledge and (10) who gives money; — these should be taught for the sake of merit.’

 

 

VERSE 2.110

Section XXII - Specially qualified Pupils

 

नापृष्टः कस्य चिद् ब्रूयान्न चान्यायेन पृच्छतः ।
जानन्नपि हि मेधावी जडवल्लोक आचरेत् ॥११०॥

nāpṛṣṭaḥ kasya cid brūyānna cānyāyena pṛcchataḥ |
jānannapi hi medhāvī jaḍavalloka ācaret ||110||

 

One should not instruct any one unless he is asked; nor any one who asks in an improper manner. even though knowing (the truth), the wise man should behave, among men, as if ignorant. — (110)

 

Medhātithi’s commentary (manubhāṣya):

If a person, who is not his regular pupil, but is reading near him, should murder the text, or omit certain letters, or read with a wrong accent, — the learned man should not, unless he is asked to (correct), instruct the student and tell him ‘you have murdered the text, you should read it thus.’ If the reader happen to he his own pupil, then he should instruct him, even without being asked. If again the student were to ask, but ask in an improper manner, — then also he should not instruct him. The ‘proper manner’ of asking is to ask with due humility, in the manner of a pupil, with such words as — ‘in this matter I have a doubt, pray instruct me on this point.’ In cases other than this, ‘even though knowing the truth, the wise man should behave’ — continue to live — among men, ‘as if ignorant,’ — as if he were dumb; i.e., he should remain silent, as if he did not know anything.

This prohibition regarding the explaining of doubts without being asked refers to scriptural matters; as regards temporal matters, the author is going to declare that — ‘Employed or not employed (by the king) the man knowing the law should expound it.’ Others have held that the prohibition contained in the present verse applies equally to both scriptural and temporal matters. — (110)

 

Explanatory notes by Ganganath Jha:

‘Jaḍavat.’ — ‘Jaḍa’ is ‘dumb’ here (Medhātithi and Kullūka); — an ‘idiot’ (according to others).

This verse is quoted in Yatidharmasaṃgraha (p. 107).

 

Comparative notes by various authors:

Vaśiṣṭha-Smṛti (2.18). — ‘The Veda should not be taught to one who is not prepared to render such respect as lies within his power.’

Baudhāyana-Dharmasūtra (2.50). — ‘If a question regarding the Veda is asked without due respect, it destroys the questioner, as fire burns straw; therefore the Veda should not be expounded to those who do not render proper respect.’

 

 

VERSE 2.111

Section XXII - Specially qualified Pupils

 

अधर्मेण च यः प्राह यश्चाधर्मेण पृच्छति ।
तयोरन्यतरः प्रैति विद्वेषं वाऽधिगच्छति ॥१११॥

adharmeṇa ca yaḥ prāha yaścādharmeṇa pṛcchati |
tayoranyataraḥ praiti vidveṣaṃ vā'dhigacchati ||111||

 

He who instructs in an unlawful manner, and he who asks in an unlawful manner, — of those two one or the other either dies (untimely), or incurs the ill-will (of the people). — (111)

 

Medhātithi’s commentary (manubhāṣya):

The present text describes the evil effects of transgressing the above prohibition.

He who instructs a pupil — ‘you should read this’ — in an unlawful manner, either when he is not asked, or when he is asked in an unlawful manner; and be also who asks in an unlawful manner; — both of these die, before time. If only one of them happens to be the transgressor, then he alone dies. When asked in an unlawful manner, if the wise man docs not explain, then the questioner dies; but if he does explain, then both of them die. This indication of the evil effects proceeding from improper questioning clearly implies that for the questioner also there is a proper manner of putting questions.

‘Or incurs the ill-will’ — enmity — of the people. — (111)

 

Explanatory notes by Ganganath Jha:

‘Vidveṣam vādhigacchati’ — ‘Incurs the ill-will of the people’ (Medhātithi and Govindarāja); — ‘loses the reward’ (Rāghavānanda); — ‘incurs the other party’s enmity’ (Kullūka).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 516), as laying down the duties of the Teacher.

 

Comparative notes by various authors:

Viṣṇu-Smṛti (29.7) — (reproduces the words of Manu). Do., (Vīramitrodaya-Saṃskāra, p. 516). — ‘One should not teach, or sacrifice for, a person who has not been duly tested.’

 

 

VERSE 2.112

Section XXII - Specially qualified Pupils

 

धर्मार्थौ यत्र न स्यातां शुश्रूषा वाऽपि तद्विधा ।
तत्र विद्या न वप्तव्या शुभं बीजमिवौषरे ॥११२॥

dharmārthau yatra na syātāṃ śuśrūṣā vā'pi tadvidhā |
tatra vidyā na vaptavyā śubhaṃ bījamivauṣare ||112||

 

Where merit and wealth are not possible, nor is there an adequate desire to serve, there knowledge should not be imparted; just as healthy seed (is not sown) on barren land. — (112)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (in 109) that ‘these ten should be taught for the sake of merit ’; of that same injunction the present verse supplies a brief reiteration; it does not prescribe anything new, being merely elucidatory of the preceding injunction.

‘Wealth’ should be taken as standing for benefit of all kinds; since the preceding verse has spoken of teaching by way of exchange of knowledge also.

‘Adequate’; — i.e., commensurate with the teaching; there being much service it the teaching is much; and little service if the teaching is little.

‘There knowledge’; — the term ‘knowledge,’ ‘vidyā,’ stands for that by means of which all things are known; i.e., the reading of the text as well as the grasping of the meaning. The meaning is that he who does not bring any benefit should not be taught the text of the Veda, nor should the explanation of tho meaning of Vedic texts be expounded to him.

‘Ūṣara’ — stands for that plot of land where, on account of the defects in the soil, seeds do not sprout.

‘Healthy’; — corn-seeds of good variety are sown with the help of the plough, etc. Similarly knowledge also bears excellent fruits when sown (imparted) on good soil.

It should not be thought that, when one imparts knowledge when paid for it, it becomes a case of mere barter; because the action (of teaching) is not preceded by any bargaining as regards the price to be paid, such as — ‘if you give me such and such an amount, I shall impart to you such an amount of teaching’; while such bargain is the necessary condition of all ‘barter’; and the mere conferment of the slightest benefit does not constitute ‘barter.’

Though verse 215 below says that ‘one should not confer any benefit upon the teacher previously,’ — yet this does not quite prohibit the previous conferring of benefits; it is merely supplementary to the injunction that ‘when the pupil is going to take the Final Bath, he should, when asked to do so, bring for his Teacher all that may lie within his power’; and it is not an independent statement by itself. — (112)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 515), among texts laying down the Teacher’s duties; — in Vidhānapārijāta (p. 523), as mentioning those who should not be taught; — in Madanapārjāta (p. 103) as mentioning certain persons not fit for teaching; — in Saṃskāramayūkha (p. 51); — in Saṃskāraratnamālā (p. 312), which explains the meaning to be that ‘there is no merit in teaching a heretic who neglects the prescribed duties’; — and in Smṛticandrikā (Saṃskāra, p. 140).

 

Comparative notes by various authors:

(Verses 112-113)

Baudhāyana-Dharmasūtra (2.4.9). — ‘Where merit and wealth are not possible, nor is there an adequate desire to serve, there one may rather perish with his learning, than sow it on barren soil.’

Viṣṇu-Smṛti (29.8). — (reproduces the words of Manu 112).

Yama (Vīramitrodaya-Saṃskāra, p. 516). — ‘Where there is no merit or wealth, nor desire to serve nor clxance of riches, — there one may perish along with his learning; he should never sow it on barren soil.’

 

 

VERSE 2.113

Section XXII - Specially qualified Pupils

 

विद्ययैव समं कामं मर्तव्यं ब्रह्मवादिना ।
आपद्यपि हि घोरायां न त्वेनामिरिणे वपेत् ॥११३॥

vidyayaiva samaṃ kāmaṃ martavyaṃ brahmavādinā |
āpadyapi hi ghorāyāṃ na tvenāmiriṇe vapet ||113||

 

The expounder of the Veda may rather perish along with his knowledge; hut he should never sow it on barren soil, even in dike distress. — (113)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘samam’ means ‘along with.’

It is better that the ‘expounder of the Veda’ — the student of the Veda — should die along with his knowledge — unexpounded to any person, and famishing in his own body — than that it should be taught to unfit persons.

From what is here said it follows that one who has studied the Veda should also teach it as a duty, and not merely for making a living; and that it is not only a person desiring a certain result that is entitled to the teaching; just as to the giving of water and such other acts it is not only persons with some motive that arc entitled. Says the Śruti — ‘He who, having studied the Science, does not expound it to those who need it, becomes an undoer of what he has done; — one should open the door to welfare; and should teach others; this function of words the poets describe as leading to fame; all this rests in this act; those that know this become immortal.’

When the text calls the man ‘an undoer of what he has done,’ what it means is that the omission of teaching constitutes an offence; and this implies that teaching is something tbat must be done.

‘On barren soil’; — i.e., to a person in whose case none of the three purposes are fulfilled.

‘Even in dire distress’; — i.e., e ven in times of troublous calamity; the ‘distress’ here meant is the absence of properly qualified pupils.

All this would be justified only if teaching were something that must be done.

“Teaching being compulsory, if fully qualified pupils be not available, one might fulfil his duty of teaching by getting hold of substitutes, for qualified pupils; just as in the absence of Vrīhī corn, sacrifices are accomplished by means of Nīvāra corn.”

 

(With a view to guard against this, the text has added that) under the said circumstances — when properly qualified pupils are not available, the necessity of performing the work of teaching should cease; just as when a properly qualified guest is not available, the necessity of the duty of ‘honouring the guest’ ceases.

‘Sow’; — this term which is directly applicable to the seed, indicates figuratively the work of teaching. Just as the seed sown in the field produces a large outturn, so does knowledge also.

Others have explained ‘distress’ as standing for ‘want of wealth.’ The sense in this case being that even though the man may be in the worst of conditions, he should not sow in barren soil, he should rather die; and by so doing the man could not be transgressing the injunction that ‘one should protect himself from all dangers,’ even though he could have within his reach the means of livelihood in the shape of teaching unqualified pupils.

This explanation however is not right. The pupils who pay money cannot bo called “barren soil”; the term ‘barren soil’ being only a reference to what has gone in the preceding verses. If the ‘giver of wealth’ also were not a qualified pupil, then how could there be any chance of the teacher undertaking the work of teaching him in times of distress, — which chance is prohibited iu the present verse? — (113)

 

Explanatory notes by Ganganath Jha:

This also is quoted along with 112 in Madanapārijāta (p. 103); — also in Vīdhānapārijāta (p, 523).

 

Comparative notes by various authors:

(Verses 112-113)

See Comparative notes for Verse 2.112.

 

 

VERSE 2.114

Section XXII - Specially qualified Pupils

 

विद्या ब्राह्मणमेत्याह शेवधिस्तेऽस्मि रक्ष माम् ।
असूयकाय मां मादास्तथा स्यां वीर्यवत्तमा ॥११४॥

vidyā brāhmaṇametyāha śevadhiste'smi rakṣa mām |
asūyakāya māṃ mādāstathā syāṃ vīryavattamā ||114||

 

Learning having approached the Brāhmaṇa said to him — “I am thy wealth, guard me; impart me not unto a scorner; thus may I become extremely powerful.” — (114)

 

Medhātithi’s commentary (manubhāṣya):

‘Learning’ — in an embodied form, having approached a certain teacher, said to him.

‘I am thy wealth’ — treasure — ‘guard me.’

The question arising as to what would the ‘guarding of Learning, — it is added — ‘Impart me not unto the’ — one who talks ill of, who despises. That is, never teach a scorner.

‘Thus may I become extremely powerful.’ — I shall be extremely useful to you. ‘Vīrya’, ‘power,’ here stands for great efficiency in accomplishing what is useful.

The insertion of the cerebral ‘in the phrase ‘śevadhiṣṭe smi’ is an imitation of a Vedic form. — (l14)

 

Explanatory notes by Ganganath Jha:

This verse is an adaptation of a very much older text. Vīramitrodaya (Saṃskāra, p. 515) quotes this latter text as ‘śruti’ —

vidyā ha vai brāhmaṇamājagām

gopāya māṃ śevadhiṣṭe'hamasmi |
asūyakāyānṛjave apatāya

nā mām brūyāt avīryavatī tathā syām ||

 

Burnell and Hopkins remark as follows: — “This with verse 144, which appears to have originally followed these verses as a whole, constitutes a favourite saying of the Brāhmaṇas. These verses in an older form are quoted in the Nirukta (ii-4), and (more like this present text) they occur also in the Viṣṇu and Vaśiṣṭha Smṛtis s they also occur in Saṃhitopaniṣad-brāhmaṇa of the Sāmaveda (pp. 29-30). The older form of these two verses 114 and 115 (as well as 144) was in the Tṛṣṭup metre, as in the Smṛtis just referred to.”

This verse is quoted in Madanapārijāta (p. 103) — where the Amarakoṣa is quoted as explaining ‘Śevadhi’ as ‘nidhi,’ ‘treasure and ‘asūyā’ is defined as ‘tendency to fault-finding.’

It is quoted also in Vidhānapārijāta (p. 523).

 

Comparative notes by various authors:

(Verse 114-115)

Viṣṇu-Smṛti (29.9-10),

Vaśiṣṭha-Smṛti (2.14-15).

These authorities, along with Manu, paraphrase the text which is found in Nirukta-Naigama Kāṇḍa, 2.4.

Kūrmapurāṇa (Vīramitrodaya-Saṃskāra, pp. 514-515). — ‘One who teaches the Vedas, the Dharma, the Purāṇas and the subsidiary sciences to one who is endowed with character and is self-controlled and is ever attentive.’

 

 

VERSE 2.115

Section XXII - Specially qualified Pupils

 

यमेव तु शुचिं विद्यान्नियतब्रह्मचारिणम् । [?? विद्या नियतं ब्रह्मचारिणम्]
तस्मै मां ब्रूहि विप्राय निधिपायाप्रमादिने ॥११५॥

yameva tu śuciṃ vidyānniyatabrahmacāriṇam | [?? vidyā niyataṃ brahmacāriṇam]
tasmai māṃ brūhi viprāya nidhipāyāpramādine ||115||

 

“Expound me unto the Brāhmaṇa who guards his treasures and is never careless, — and whom thou knowest to be pure, self-controlled and a duly qualified student.” — (115)

 

Medhātithi’s commentary (manubhāṣya):

That pupil whom thou knowest to be ‘pure’ ‘self-controlled’ — i.e.,having full control over his senses; and a ‘qualified student,’ ever attentive ; — ‘unto him expound me.’ He who guards his treasures, being never careless; he never commits mistakes, never fails, being ever attentive to his business.

What is deduced from this valedictory description is the advice that learning should be imparted to the pupils already described above as qualified (under 109), only when they fulfil the conditions described in the present verse. — (115)

 

Explanatory notes by Ganganath Jha:

As a parallel to this Vīramitrodaya (Saṃskāra, p. 515) quotes the following ‘śruti’ —

yameva vidyā śucimapramattaṃ
medhāvinaṃ brahmacaryopapannam |
yaste na duhyet katamañca nāhaṃ
tasmai māṃ vrūyā nidhidāya brahman ||

This verse is quoted in Madanapārijāta (p. 103) also in Vidhānapārijāta (p. 523).

 

Comparative notes by various authors:

(Verse 114-115)

See Comparative notes for Verse 2.114.

 

 

VERSE 2.116

Section XXII - Specially qualified Pupils

 

ब्रह्म यस्त्वननुज्ञातमधीयानादवाप्नुयात् ।
स ब्रह्मस्तेयसंयुक्तो नरकं प्रतिपद्यते ॥११६॥

brahma yastvananujñātamadhīyānādavāpnuyāt |
sa brahmasteyasaṃyukto narakaṃ pratipadyate ||116||

 

He, who may acquire Veda, without his permission, from one who is reciting it, becomes corrupted with the sin of stealing the Veda, and falls into hell. — (116)

 

Medhātithi’s commentary (manubhāṣya):

When one is reciting the Veda with a view to getting up the text, or when one is expounding the Veda to another person, — if some one were to come by and acquire the Vedic text for the first time, or should surreptitiously have bis own doubts (on some point connected with the Vedic text) removed, — then to him occurs the sin here described; so long as he does not secure the Teacher’s permission, preferring, his request in such words as — ‘just as these pupils are reading with you, so may I also read, kindly accord me your permission.’ And it is only when the pupil has received this permission that he should be taught. Otherwise, the reading of the Veda would be like ‘stealing’; and the learner, being corrupted with this sin of stealing the Veda, falls into hell — i.e., into a place of condign punishment.

The ablative ending in ‘adhīyānāt,’ ‘from one who is, reciting it,’ is according to Pāṇini 1.4.29, according to which ‘the source of proper instruction is put in the Ablative’; — or the Ablative may have the sense of separation, — separation being implied by the fact that the teaching appears to issue from the Teacher; — or the Ablative may have the sense of the participle, being used in place of the affix ‘lyap,’ the meaning being — ‘he learns after having heard another person who is reciting it.’ — (116)

 

 

Comparative notes by various authors:

Viṣṇu-Smṛti (30.42-43). — ‘Until permitted by the Teacher, one should not acquire knowledge from another person who may be reading with the Teacher; — such acquisition of knowledge constitutes Veda-stealing and leads one to hell.’

 

 

VERSE 2.117 [Rules regarding Salutation]

Section XXIII - Rules regarding Salutation

 

लौकिकं वैदिकं वाऽपि तथाऽध्यात्मिकमेव वा ।
आददीत यतो ज्ञानं तं पूर्वमभिवादयेत् ॥११७॥

laukikaṃ vaidikaṃ vā'pi tathā'dhyātmikameva vā |
ādadīta yato jñānaṃ taṃ pūrvamabhivādayet ||117||

 

One should first salute him from whom he receives knowledge, either temporal or scriptural or spiritual. — (117)

 

Medhātithi’s commentary (manubhāṣya):

The subject taken up having been finished, rules regarding salutation are next taken up.

‘Laukika,’ ‘temporal is that which, pertains to worldly affairs; i.e., the teaching of popular usage and custom; or it may mean the teaching of the arts of singing, dancing and playing upon musical instruments; or, it may mean the knowledge of what is contained in works dealing with the Arts, such as those of Vātsyāyana, Viśākhin and others.

‘Vaidika,’ ‘scriptural,’ is that which is expressed by Vedic injunctions; that is the knowledge of the Veda, the Vedāṅgas and the Smṛtis.

‘Knowledge spiritual’ stands for the esoteric science of the spirit or soul; or figuratively, it may stand for that pertaining to the Body, i.e., the science of medicine.

From whom one learns all this knowledge, such a teacher, he should salute first of all; when one meets him for the first time (in the day) he should invite his attention to himself, by means of words indicated later on, for the purpose of obtaining from him words of blessing.

‘First,’ — I.e., the pupil should address him first; he should not wait for being addressed by the teacher; it is only in this way that he would be a ‘saluter.’

Objection. — “If this is what is implied by the root salute itself, the term ‘first’ becomes superfluous.”

Not so; it is only by virtue of the term ‘first’ that we deduce the said meaning. If we took only the root and the prefix (in the verb) ‘abhirādayet’), we could only get the sense of speaking (‘vadanam’) in front (‘ābhimukhyena’); and this speaking in front is possible also when the speaker has been previously addressed by another person.

Some people have explained the term ‘first’ to mean ‘before saluting one’s parents.’ But this does not deserve consideration, as this relative precedence bears no relation to the context. — (117)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 25); — in Vidhānapārijāta (p. 501); — in Parāśaramādhava (Ācāra, p. 296), as mentioning the person to whom, among a number of people, the salutation is to be offered first; — and in Vīramitrodaya (Saṃskāra, p. 460); where ‘laukikam’ is explained as arthaśāstrīyādi, and ‘ādhyātmikam’ as brahmapratipādakaśāstrīyādi; — ‘pūrvan’ as bahumānyasamavāye prathamam; — and it proceeds to point out that among the teachers enumerated, the succeeding one is to have priority over the preceding one; — also in Aparārka (p. 54) without comment; — and again on p. 142; — also in Smṛticandrikā (Saṃskāra, p. 97) as laying down the order in which salutation has to be offered when there are a number of Brāhmaṇas assembled; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 44a).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra, (1.2,15). — ‘He should never bear malice towards him.’

Āpastamba-Dharmasūtra (5.19-20). — ‘He should be always saluted; some people hold that the Teacher’s feet should he clasped.’

Āpastamba-Dharmasūtra (14.7-9) — ‘When one has completed his study he should clasp the feet of all his superiors; — also when he meets them on returning from a journey; — there should he clasping of the feet of brothers and sisters, in the order of seniority.’

Vaśiṣṭha-Smṛti (13.12). — ‘The feet should be clasped of one who is superior either in Vedic learning or in birth.’

Viṣṇu-Smṛti (27. 14-17). — ‘Having offered the Twilight Prayers, he should salute the Teacher: — he should touch his feet with reverent hands, the right with the right and the left with the left; — at the salutation, he should also announce his name, ending with the term bhoḥ.’

Gobhila-Gṛhyasūtra (3.1.27). — ‘Wearing of the girdle, begging alms, fetching fuel, water-sipping, morning-salutation, — these are obligatory daily duties.’

Śānkhyāyana-Gṛhyasūtra (Vīramitrodaya-Saṃskāra, p. 460). — ‘Daily, one shall salute the Teacher, as also his elders — of these, the Vedic scholar whenever one meets him; and one who is not learned in the Veda, only when one meets him on returning from a journey.’

Paiṭhīnasi (Do.). — ‘One should salute, first of all, that person from whom one acquires knowledge, either temporal or scriptural or related to Dharma.’

 

 

VERSE 2.118

Section XXIII - Rules regarding Salutation

 

सावित्रीमात्रसारोऽपि वरं विप्रः सुयन्त्रितः ।
नायन्त्रितस्त्रिवेदोऽपि सर्वाशी सर्वविक्रयी ॥११८॥

sāvitrīmātrasāro'pi varaṃ vipraḥ suyantritaḥ |
nāyantritastrivedo'pi sarvāśī sarvavikrayī ||118||

 

Better the Brāhmaṇa knowing the Sāvitrī alone, if he is thoroughly self-controlled, — and not he who knows all the three Vedas, but is not self-controlled, and eats all things and sells all things. — (118)

 

Medhātithi’s commentary (manubhāṣya):

This verse is in praise of the rules regarding Salutation, etc.

He for whom the Sāvitrī is the sole essence, his all in all, is called ‘Sāvitrīmātrasāraḥ,’ ‘knowing the Sāvitrī alone.’

‘Better’ — Superior; — ‘the Brāhmaṇa,’ if he is thoroughly self- Controlled, i.e., who governs himself entirely in accordance with the scriptures.

One who is ‘not sell-controlled,’ ‘though the three Vedas’ — fully conversant with the scriptures.

‘Eats all things,’ — things even though not actually prohibited, yet against custom and usage.

Similarly ‘sells all things’ — ‘Selling’ is mentioned only by way of illustration, it stands for all that is prohibited.

The meaning of all this is ns that one becomes as much open to censure by omitting to rise to receive the teacher and other practices ns he is by the omission of other rules of conduct.

Objection. — “How is it that wè have the form ‘varam (neuter) vipraḥ (masculine)’; the correct form would be ‘varo vipraḥ’ (both masculine).”

In answer to this some people say that the phrase opens with the general and ends with the particular: the construction being — ‘It is better,’ — “What is better?” — ‘that the Brāhmaṇa be self-controlled.’

Others however explain that the term ‘vara’ has no particular gender of its own; and it is used in the neuter gender also. — (118)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 460).

 

 

VERSE 2.119

Section XXIII - Rules regarding Salutation

 

शय्याऽऽसनेऽध्याचरिते श्रेयसा न समाविशेत् ।
शय्याऽऽसनस्थश्चैवेनं प्रत्युत्थायाभिवादयेत् ॥११९॥

śayyā''sane'dhyācarite śreyasā na samāviśet |
śayyā''sanasthaścaivenaṃ pratyutthāyābhivādayet ||119||

 

One should not sit with a superior upon the couch or seat prepared for him. and if he himself should happen to be seated on a couch or skat, he should rise to meet (the superior) and salute him. — (119)

 

Medhātithi’s commentary (manubhāṣya):

The copulative compound ‘śayyāsane’ is formed with the terms ‘śayyā’ and ‘āsana,’ the singular number being in accordance with Pāṇini 2.4.6, by which‘terms expressing in-animate genuses form copulative compounds in the singular.’

‘On a couch and seat,’ ‘one should not sit’ — along with — ‘a superior’; — i.e., one who is superior in learning, such as the teacher and others.

In view of the question as to whether one should not sit with his superior anywhere, the text has added the word ‘adhyācarite,’ ‘prepared,’ i.e., made up, as the couch or a seat; so that there is no harm in sitting upon a seat of stone or such other things.

This is only a re-iteration of what is going to be said under 204 below that — ‘One may sit with his teacher on slabs of stone, a boat.’

Others explain the term ‘adhyācarite’ to mean ‘occupied’; and ‘should not sit’ to mean that ‘he should not sit upon it even afterwards.’ And (according to this explanation) the present prohibition does not apply only to sitting along with the superior; as this prohibition is already contained in 203; and so long as the present verse can be taken as an independent injunction, it is not right to take it as a mere re-iteration.

(In view of this last objection) some people point to a difference (between what is said here and what comes later on in 203), based upon usage. That couch or seat which is known to belong specifically to the Teacher, — that whereupon he, as a rule, lies down and sits, — on that the pupil should never sit, cither in the presence or absence of the Teacher; while that couch or seat upon which the Teacher has slept or sat, once by the way, — sitting upon that during the Teacher’s presence is what is prohibited. And it is this latter that is meant by the term ‘adhyāca’ in the text; which does not mean actual possession of the couch by the Teacher.

While one is seated upon a couch or seat, if the superior should happen to come, he should rise to meet him and offer hi s salutation. What is meant by the second line of the verse is that the pupil should descend from this seat on the advent of the Teacher; the meaning being that standing upon the bare ground he should entirely relinquish the couch or seat. While as for superior persons other than the Teacher, — in their case the rising to meet is done even while one remains (standing) upon the seat. — (119)

 

Explanatory notes by Ganganath Jha:

‘Adhyācarte’ — ‘Prepared’ (Medhātithi); — ‘occupied’ (Kullūka). This verse is quoted in Vīramitrodaya (Saṃskāra, p. 460).

 

Comparative notes by various authors:

Gautama-Dharmasūtra (1.2.20-21). — ‘Within sight of the Teacher one should avoid the following — sitting with a piece of cloth passing round the neck and the two knees, spreading out of the legs, spitting, laughing, yawning, finger-snapping.’

Gautama-Dharmasūtra (1.2.31). — ‘One should leave his bed or seat before answering the Teacher’s call.’

Āpastamba-Dharmasūtra (1 6.3-5). — ‘One should not put forward his legs towards the Teacher; — some people hold that no such spreading is reprehensible when the Teacher is seated on a bedstead; — near the Teacher one should speak to him lying down.’

Āpastamba-Dharmasūtra (1.8-11). — ‘One should not sit on the bed or the seat before the Teacher.’

 

 

VERSE 2.120

Section XXIII - Rules regarding Salutation

 

ऊर्ध्वं प्राणा ह्युत्क्रमन्ति यूनः स्थविर आयति ।
प्रत्युत्थानाभिवादाभ्यां पुनस्तान् प्रतिपद्यते ॥१२०॥

ūrdhvaṃ prāṇā hyutkramanti yūnaḥ sthavira āyati |
pratyutthānābhivādābhyāṃ punastān pratipadyate ||120||

 

On the elder approaching, the vital breaths of the younger rush outward; and he recovers them by the acts of rising to meet and salute him. — (120)

 

Medhātithi’s commentary (manubhāṣya):

This verse is commendatory to what has gone before.

‘On the elder’ — the person of higher age — ‘approaching’ — coming up, — ‘the vital breaths’ — the sources of life, the inner airs — ‘of the younger’ — ‘rush outward’ — move out; i.e., giving up their functions, they intend to cut off his life.

When however he rises to meek him and salutes him, the breaths proceed, as before, to sustain his life.

‘Recovers’ — becomes resuscitated. — (120)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 460); — again in the same work (Ācāra, p. 150), where ‘Āyāti’ is explained as ‘āyocchati’; — and in Smṛticandrikā (Saṃskāra, p. 97), as laying down that before saluting one should rise.

 

Comparative notes by various authors:

Vaśiṣṭha-smṛti (13.13). — ‘The Priest, the Father-in-law, the paternal uncle, the maternal uncle — those not junior in age; — these he shall salute after standing to receive them.’ Āpastamba, (Parāśaramādhava, p. 297) — [reproduces Manu].

Mahābhārata (13.104.64-65). — (same as Manu).

 

 

VERSE 2.121

Section XXIII - Rules regarding Salutation

 

अभिवादनशीलस्य नित्यं वृद्धोपसेविनः ।
चत्वारि तस्य वर्धन्ते आयुर्धर्मो यशो बलम् ॥१२१॥

abhivādanaśīlasya nityaṃ vṛddhopasevinaḥ |
catvāri tasya vardhante āyurdharmo yaśo balam ||121||

 

For one who is in the habit of saluting and constantly revering elders, — four things prosper: viz., longevity, merit, fame and strength. — (121)

 

Medhātithi’s commentary (manubhāṣya):

The ‘habit of saluting’ stands, not only for the uttering of words of salute, but for the act of addressing all men with respect and in the proper manner. The term ‘habit’ indicates that the man does it without any personal motive at all.

‘Constantly reveres elders’ — by talking agreeably, and also attends upon them with such service as he can render.

‘For him four things prosper — longevity, merit’ — which is the tree that hears fruit in the other world, in the shape of Heaven, — ‘fame and strength’ — as described above.

Though this verse is purely valedictory, yet it serves to afford some idea as to the effects that ensue. — (121)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya, (Saṃskāra, p. 460); — in Vidhānapārijāta (p. 501) as describing the reward for saluting one’s superiors; — in Parāśaramādhava (Ācāra, p. 306) as eulogising the act of saluting one’s superiors; — and in Smṛticandrikā (Saṃskāra, p. 97).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (1.5.15). — ‘Desiring Heaven and Longevity (one should salute the Teacher).’

Baudhāyana-Dharmasūtra (1.2.26). — ‘Desiring Heaven and Longevity, one should grasp his right foot with the right hand and the left foot with the left.’

 

 

VERSE 2.122

Section XXIII - Rules regarding Salutation

 

अभिवादात् परं विप्रो ज्यायांसमभिवादयन् ।
असौ नामाहमस्मीति स्वं नाम परिकीर्तयेत् ॥१२२॥

abhivādāt paraṃ vipro jyāyāṃsamabhivādayan |
asau nāmāhamasmīti svaṃ nāma parikīrtayet ||122||

 

The Brāhmaṇa, when greeting an elder, should, after the accosting, pronounce his name, (saying) “this here, I am named so and so,” — (122)

 

Medhātithi’s commentary (manubhāṣya):

‘Accosting’ here stands for that word by which the other person is addressed, is made to answer, either with words of benediction, or with an inquiry after welfare. ‘After this accosting’ — i.e., after the word expressing such accosting, — i.e., in immediate sequence to the word, one should pronounce the following expression — ‘This here I named so and so.’ ‘This so and so,’ ‘man,’ is a pronoun standing for all particular name-forms. The use of this expression is meant to attract tho attention (of the person accosted); the sense being — ‘you are being greeted by me,’ i.e., ‘you are being invited to pronounce your benediction’; and being thus addressed, the other person, having duly comprehended the invitation and request, proceeds to answer the greeting by means of words expressing benediction.

But the mere use of the generic pronoun ‘this’ would not provide the idea that ‘you are being accosted by me who am named this’; and in that case the other person would not fully comprehend the invitation, and hence to whom would be address the words of benediction? For this reason, it has been declared that ‘he should pronounce his name’; so that where accosted with the words ‘I am named Devadatta,’ the person fully comprehends the greeting.

Objection. — “There being no use for the word ‘this,’ we see no purpose in its use.”

Answer. — Writers often make use of expressions borrowed from the usage of other Smṛtis; for example, they use the term ‘Dvitīyā,’ in the sense of the Accusative, in accordance with the usage laid down by Pāṇini in his Sūtra 2.3.2. In regard to the present subject, we find it formulated in the Yajñasūtra that ‘the mentioning of one’s own name is to be done with the word this.’

Objection. — “In that case that the name should be pronounced having been already expressed by the words ‘he should pronounce his name,’ — it is superfluous for the text to repeat the term ‘name,’ in the expression ‘this I am named’?”

That expression has been added for the purpose of securing the use of the term ‘name’; the sense being that, one should pronounce his name saying ‘I am named so and so’ (and not merely ‘I am so and so.’)

According to others, both expressions mean the same thing ‘this here I am such and such a person’; so that the use of the one or the other expression is optional.

According to this verse, the exact form of the words of greeting comes to be this — ‘abhivādaye devadattanāma’ham bhoḥ,’ ‘I accost thee, Sir, I who am named Devadatta the use of the ‘Sir’ being prescribed in the following verse (124).

‘Elder’ — the addition of this word in the text is meant to imply that there should be accosting of equals and inferiors also, but in their case, the form is not as laid down here, which is meant for the case of elders only. — (122)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 25), where the following notes are added: — ‘abhivādāt,’ i.e., after the word ‘ahhivādaye,’ ‘I salute’ — one should mention his name, ‘I am so and so’; — the term ‘vipra’ stands for all the twice-born men; — also in Saṃskāramayūkha (p. 45), which says that what is meant by ‘abhivādāt’ is ‘after having pronounced the words ‘I salute’; — and in Smṛticandrikā (Saṃskāra, p. 96), which adds the explanation ‘one should pronounce his own name, I am Devadatta, after having saluted.’

It is quoted in Vīramitrodaya (Saṃskāra, p. 450), where the following explanation is added: — When saluting the elder — i.e., an aged person — ‘abhivādātparam’ — i.e., after uttering the word ‘abhivādaye’, ‘I salute,’ — one should utter his proper name, ‘I am so and so.’ It has been declared in the Yajñasūtra that the generic pronoun ‘asau’ (‘so and so’) indicates the proper name. Since the text uses the term ‘elder,’ it follows that the method here laid down is not to be employed in saluting such uncles and other superior relatives as are younger in age to the saluter; the method for saluting them is going to be described later on. The term ‘Vipra’ includes the Kṣatriya and the rest also; as is clear from the rules regarding the returning of salutation, under verse 127 below.

On the expression ‘ahamasmi,’ this work quotes Medhātithi’s remark that both ‘aham’ and ‘asmi’ meaning the same thing, the use of the one or the other is optional. But this has been quoted as the opinion of ‘others’ by Medhātithi. This view is rejected by Vīramitrodaya as being repugnant to Manu, verse 122. It rejects the view of Kullūka also, who opines that the term ‘nāma’ need not be used in the formula.

This verse is quoted also in Parāśaramādhava (Ācāra, p. 296) where too the term ‘abhivādātparam’ is explained to mean — ‘Having first uttered the words I salute, he should pronounce his name’; — and in Aparārka (p. 52), which says that the formula is ‘abhivādaye caitranāmāhamasmi bhoḥ.’; — and in Aparārka (p. 52), which bìiivādaye caitranāmāhamasmi

 

Comparative notes by various authors:

Gautama-Dharmasūtra (1.6.5.) — ‘Having announced his name he should say Here I am, — such is the form of salutation on the meeting of a learned man.’

Baudhāyana-Dharmasūtra (1.2.27). — ‘Saying Here I am Sir, he should touch his ears, for securing attention,’

Āpastamba-Dharmasūtra (1.5-12). — ‘In the morning one should salute the Teacher, saving Here I am.’

Vaśiṣṭha-Smṛti. — ‘ He should say Here I am Sir to all those persons who are entitled to their feet being clasped by him.’

Viṣṇu-Smṛti (27.17). — ‘He should announce his name and at the end of the salutation should pronounce the word bhoḥ.’

Yajñavalkya (1.26). — ‘Then he should salute the elders, saying Here I am.’

 

 

VERSE 2.123

Section XXIII - Rules regarding Salutation

 

नामधेयस्य ये के चिदभिवादं न जानते ।
तान् प्राज्ञोऽहमिति ब्रूयात् स्त्रियः सर्वास्तथैव च ॥१२३॥

nāmadheyasya ye ke cidabhivādaṃ na jānate |
tān prājño'hamiti brūyāt striyaḥ sarvāstathaiva ca ||123||

 

To those persons who do not comprehend the (significance of the) name (pronounced) in the words of greeting, the wise one should say ‘I’; similarly to all, women. — (123)

 

Medhātithi’s commentary (manubhāṣya):

From what has come before it might be understood that even an unlearned person deserves to be saluted, by reason of the large amount of wealth he might possess; the present verse serves to preclude such a notion.

‘Those who,’ being uneducated; — ‘of the name’ — in its Sanskrit form that may have been pronounced, — ‘the significance, as pronounced in the words of greeting’; persons, not conversant with grammar do not understand the words to mean that ‘I have been accosted by this person,’ — they do not understand the Sanskrit language. — To such persons, as also to women who deserve to be saluted, — these do not comprehend the Sanskrit language — the wise one should say simply ‘I salute thee,’ thus omitting only the mention of his name, which forms one part of the full injunction. If the persons thus accosted should fail to understand even this much, then they should be saluted even with corrupt vernacular forms of words; it is in view of this that the text has added the epithet ‘wise’; i.e., when one realises the difficulty of the other person’s understanding, he should find out some such form of greeting as might suit each particular case, and he should not stick to the precise form enjoined in the preceding verse.

‘Similarly to all women’; the term ‘all’ implies that the same applies even to the wives of teachers, — even though they be capable of understanding Sanskrit words.

Some people have explained that one should pronounce his name only when it so happens that he is known among people by a pseudonym — some such as ‘Vanamālīvarṇaḥ,’ — so that the real name given to him by his father is not known, and what is known is not his real name.

Others have explained the verse to refer to those who do not know the correct form of answering the salutation; for instance, Pāṇini (8.2.83) has laid down that the vowel at the end of the name pronounced in answering a salutation should he pronounced ultra-long; and to those who do not know this, the wise one should simply say ‘I.’ The author of the Mahābhāṣya (Patañjali) also has said the same in course of his explanation of the uses of the Science of Grammar — “Ignorant people who do not know that in answering a salutation, the name should be pronounced with an ultra-long vowel, — to such persons one may freely say simply ‘I,’ just as to women.” These writers have said that the term ‘abhivāda,’ ‘salutation,’ in the present verse has got to be taken in the sense of ‘answering a salutation,’ specially on account of what has been said in other Smṛtis. If the present verse is not explained on these lines, then, the prohibition of salutation, occurring in verse 126 below would come to be taken as prohibiting the saluting of all unlearned persons; and this would be contrary to what other Smṛti-rules have laid down regarding the use of the simple form ‘it is I’ (in the saluting of unlearned persons). If, on the other hand, we adopt the explanation as here suggested, then the said prohibition (occurring in 1.20) might be taken as purely commendatory, and not mandatory; and this would be quite consistent with the present explanation. — (123)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta (p. 501) as laying down the method of salutation also in Vīramitrodaya (Saṃskāra, p. 451), where the following observations are made: —

‘In the case of such illiterate men as do not comprehend the salutation addressed to them in the form of the Sanskrit sentence declaring the name of the saluter, — i. e. who do not understand that they are being saluted, — as also in the case of all women, literate and illiterate, — one should not omit his own name, and say simply, ‘I salute you and if even this much is not understood, then the salutation may be made even with corrupt vernacular words; — such is the implication of the term ‘prājña,’ wise. The ancients have defined ‘abhivādana ‘salutation’ as obeisance with the prescribed formula.

There is a difference among —

  1. Pādopasaṃgrahaṇa (clasping the feet),
  2. ‘Abhivādana’ (salutation)
  3. and ‘Namaskāra’ (bowing);

 — the (1) being reserved for Teachers and Elders, (2) for people very much older than the saluter, and (3) for those only slightly older; so says Harihara; and Kalpataru also mentions ‘abhivādana’ and ‘Pādopasaṃgrahaṇa’ separately; Manu himself mentions the two separately in verse 216 below.

This verse is quoted in Aparārka (p. 54) as laying down that the saluting of illiterate persons is to be done in the same form as that of women; — also in Smṛticandrikā (Saṃskāra, p. 98), which adds the explanation: — ‘To persons not conversant with the proper way of returning the salute along with the name of the saluter, — as also to all women — the salutation is to be offered only with the words ‘aham bhoḥ,’ ‘it is I, sir!’

 

Comparative notes by various authors:

Vaśiṣṭha-Smṛti (13.1.1). — ‘Here I am — he should say only this much, when saluting a person who is not learned enough to know the proper form of returning the salutation.’

Āpastamba (Aparārka, p. 54). — ‘Elderly ladies one shall salute with bowing the head; all ladies are to be saluted with one’s name; not so one’s mother or the wives of Elders — say some.’

 

 

VERSE 2.124

Section XXIII - Rules regarding Salutation

 

भोःशब्दं कीर्तयेदन्ते स्वस्य नाम्नोऽभिवादने ।
नाम्नां स्वरूपभावो हि भोभाव ऋषिभिः स्मृतः ॥१२४॥

bhoḥśabdaṃ kīrtayedante svasya nāmno'bhivādane |
nāmnāṃ svarūpabhāvo hi bhobhāva ṛṣibhiḥ smṛtaḥ ||124||

 

In saluting, one should pronounce the term “Oh, Sir” at the end op his own name; since it has been declared by the sages that the form “Oh, Sir” represents the form of all names. — (124)

 

Medhātithi’s commentary (manubhāṣya):

‘At the end of his own name one should pronounce the term Oh, Sir.’The epithet ‘own’ has been added with a view to precluding the possibility of the name of the saluted person being understood to be meant.

The rest of the verse is purely valedictory.

The term should be pronounced, immediately after the letters of the name, but after some, other letters also, such as the expression ‘I am’ (as laid down in verse, 122, above). The presence of the particle ‘iti’ (in verse 122, after ‘ahamasmi’) is meant to define the actual form of the expression to be used; the sense being that such is the actual form of the expression to be used; Further, if the expression were wrongly used iu the form ‘Devadatta, Oh, Sir, I am,’ the comprehension of its meaning (by the accosted person) would be delayed, and this would still further delay the inviting of his attention; and this would defeat the purpose of the salutation. And it may also happen that when the expression used is one not amenable to simple construction, the other party does not comprehend it at all.

‘Form’ — the existence of very essence. Or, it may mean that it comes in lieu of the name of the accosted person; i.e., comes in place of the name; and the name of the accosted person is. not pronounced. The term ‘bhāta’ may mean either that which is accomplished by means of existence, or that which is accomplished by means of an agent.

Or, we may read ‘svarūpabhāve,’ with the locative ending.

‘The form, Oh, Sir’; — i.e., the presence, the existence, of the term‘Oh, Sir’ — ‘is, the form of all names.’ Just as one is addressed by having his name uttered — ‘Oh, Devadatta, listen to me,’ similarly the term bhoḥ’ (Oh, Sir) — which ends in the Vocative case-ending — is used for the purposes of address; this has been so declared by the sages. — (124)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 26) with the following notes: — The term ‘bhoḥ’ is the ‘marūpabhāva’ of names; i.e. it leads the name uttered to reach the person addressed; the sense being that when addressed with the term ‘bhoḥ’, the person catches the saluter’s name. The root in the term ‘bhāva’ denotes reaching. If we read ‘bhobhāvaḥ’ this would mean ‘the bhāva, or presence, of the term bhoḥ:

It is quoted in Vīramitrodaya (Saṃskāra, p. 450) where we have the following notes: — At the end of the name pronounced in the salutation, one should utter the term ‘bhoḥ’ for attracting the attention of the person saluted; because it has been declared by the sages that the term ‘bhoḥ’ stands for the names of the persons addressed; so that, even though the name of the saluted person be not uttered, the term ‘bhoḥ’ becomes the proper form of address. Thus then the formula for saluting comes to be ‘abhivādaye amukanāma ahamasmi bhoḥ.’

This is quoted also in Nirṇayasindhu (p. 191); — in Saṃskāramayūkha (p. 45), which states the complete formula as ‘Ābhivādaye Devadatto’ham bho’; — and in Smṛticandrikā (Saṃskāra, p. 96).

 

Comparative notes by various authors:

Viṣṇu-Smṛti (28.17.) — ‘In salutation, he should pronounce his own name and at the end the word bhoḥ.’

 

 

VERSE 2.125

Section XXIII - Rules regarding Salutation

 

आयुष्मान् भव सौम्यैति वाच्यो विप्रोऽभिवादने ।
अकारश्चास्य नाम्नोऽन्ते वाच्यः पूर्वाक्षरः प्लुतः ॥१२५॥

āyuṣmān bhava saumyaiti vācyo vipro'bhivādane |
akāraścāsya nāmno'nte vācyaḥ pūrvākṣaraḥ plutaḥ ||125||

 

On saluting, the Brāhmaṇa should he answered with the words ‘Be long lived, O Gentle One’; and at the end of his name the vowel “a,” which occurs at the end of the consonant, should be pronounced ultra long. — (125)

 

Medhātithi’s commentary (manubhāṣya):

On salutation having been done, the answering greeting should be made by the Father to the accoster, with the words — ‘Be long-lived, Oh Gentle One.’ The particle ‘iti’ in the text is meant to show that the preceding words constitute the formula. The use of such expressions also as (a) ‘āyuṣmān edhi,’ ' Prosper O Long-lived One,’ (b) ‘dīrghāyurbhūyāh,’ ‘Be long-lived,’ (c) ‘cirañjīva,’ ‘Live long’ — is permitted by the usage of cultured men.

‘The vowel “a”’ — which occurs at the end of the name of the person whose salutation is answered — ‘should be pronounced ultra-long.’ The term ‘pluta,’ ‘ultra-long,’ stands for the vowel that is drawn out to the length of three moras. The vowel ‘a’ is mentioned only by way of illustration; it stands for ‘i’ and other vowels also. The ‘end’ spoken of in the text is in relation to the vowels only; so that in the case of names ending in consonants also, the lengthening applies to the vowel that happens to be the last, ‘at the end.’ The term ‘pūrvākṣaraḥ’ qualities the ‘vowel a,’ which is to be lengthened; and ‘akṣara’ here stands for the consonant; and the compound means ‘that vowel of which the preceding syllable is a consonant’; i.e., the vowel occurring along with the consonant. What is meant is that it is the vowel ‘a’ already there tbat is to be lengthened, and not any such vowel as might be added; that is, the vowel that is already present in the name is to be lengthened out.

All this explanation is in accordance with the rules of the revered Pāṇini; as in the matter of the use of words and their meaning, the revered Pāṇini is more authoritative than Manu and other writers. And Pāṇini has laid down (in 8.2.83) that ‘in answering tile greeting of a non-śūdra, the ṭi should be ultra-long and the name ‘ṭi’ is given to that syllable of which the last vowel forms the beginning (which in tho present case is the ‘a,’ which is regarded as a part of itself and hence ‘having the last vowel for its beginning’). No significance is meant to be attached to the specification of the ‘Brāhmaṇa’ in the present verse; as what is here prescribed is applicable to the Kṣatriya and others also. The usage sanctioned by other Smṛtis is also the same, and no separate rules are laid down for these other castes.

As an example we have such expressions as ‘Be long-lived, O Devaḍattā’; and one containing a name ending in consonant, — ‘Be long lived, O Somaśarmān.’ — (125)

 

Explanatory notes by Ganganath Jha:

Buhler adopts the reading ‘pūrvākṣaraplutaḥ’, which is given by Nandana, and mentioned by Nārāyaṇa. The meaning, according to this, as Buhler remarks, is that the name Devadatta should be pronounced as ‘Devadattā.’ Medhātithi and Kullūka adopt the reading ‘pūrvākṣaraḥ plutaḥ,’ under which the meaning is that ‘the vowel a, which occurs at the end of the consonant, should be pronounced ultra-long.’ “According to this interpretation,” says Buhler, “Manu’s rule agrees with Āpastamba and Pāṇinī (8-2-88). Govindarāja and Rāghavānanda go far off the mark.”

Several commentators note that ‘vipraḥ’ includes all the twice-born persons.

Medhātithi (p. 182, 1. 4) — ‘Tatra pūrvasmin &c.’ — Kullūka’s expounding of the compound is simpler — ‘pūrvam’ nāmagatam — ‘akṣaram’ — vyāñjanam — saṃśliṣṭam yasya sa pūrvākṣaraḥ.’

Ibid, (p. 182, 1. 8) — ‘Bhagavān Paṇinīḥ’ — This refers to the sūtra ‘acontyādi ṭi’ which defines the ‘ṭi’ as ‘that which has for its beginning the last among the vowels’; and the example given in Siddhāntakaumudī under Sūtra 8.283 is, Āyuṣmān bhava Devadattā’; from which it is clear that the name ‘ṭi’ is applicable to the vowel ‘a’ in ‘tta’ and it is ‘tadādi’ — having for its beginning the last of the vowels — in the sense that it ends in itself, it being regarded as its own constituent part, according to Śabdenduśekhara, which has the following note —

nanu mārtaṇḍa ityatra mārtaśabdāntyāc takārākāraḥ sa ādiryasyetyanyapadārtho durlabha iti cenna | ekasminneva samudāyatvāropeṇa tadavayavatvāropeṇa ca tadupapatteḥ ||

This verse is quoted in Parāśaramādhava (Ācāra, p. 297), which adds the following notes: — The compound ‘pūrvākṣaraḥ’ is to be expounded as pūrvara akṣaram yasya; and the ‘purvam akṣaram’, ‘preceding syllable,’ in a name is the consonant, since a vowel can not be ‘preceded’ by another vowel; hence the meaning comes to be that the vowel at the end of the final consonant should be pronounced ultra-long. The term ‘akṣaraḥ’ stands for all vowels that may occur at the end of a name [This is exactly what Medhātithi and Kullūka have said]; the text could not have meant the vowel ‘a’ only; as it is not possible for all names to end in that vowel. Thus the formula comes to be — ‘āyuṣmān bhava saumya Devadattā.’

It is quoted in Madanapārijāta (p. 26), which supplies three different explanations: — At the end of the words ‘āyuṣmān bhava saumya,’ the name of the saluter should be pronounced — ‘Viṣṇuśarman’; (a) at the end of the name an ‘a’ should be pronounced, and of this ‘a,’ the ‘pūrvasvaraḥ,’ the preceding syllable,’.should be ultra-long. The masculine form ‘akṣaraḥ’ is a Vedic archaism, [ the right form being ‘akṣaram’]. Though the syllable ‘preceding’ (the ‘a’ pronounced after the name ‘Viṣṇuśarman’) would be ‘n,’ yet inasmuch as the consonant could not be pronounced ‘ultra-long,’ the term ‘preceding syllable’ would apply in this case to ‘a’ that is contained in the name [ i.e. the ‘a’ after ‘m’]; and it is this ‘a’ that would be pronounced ultra-long [The formula thus being ‘āyuṣmān bhava saumya Viṣṇuśarmā3n’]. — (&) ‘Pūrvākṣaram plutam’ is another reading, in which case the construction is all light [and there is no archaism]; the meaning being that ‘the preceding syllable is to be pronounced ultra-long.’ — (c) Or, the sentence ‘akāraśchāsya nāmno’nte’ may be explained as follows: — The vowel ‘a’ (ākāraḥ) that appears at the end of ‘his’ (‘asya’, the saluter’s) ‘name’ (‘nāmnaḥ’) — ‘a’ mentioned only by way of illustration, any vowel at the end of the name being meant, — is what is qualified by the qualifying word ‘pūrvākṣaraḥ’ — which means, in this case, — that which has the syllables, akṣaram, in the name ‘preceding’ — ‘pūrvāṇi,’ — itself; and such a vowel should be pronounced ultra-long, — and no other ‘a’, either in the name itself, or added after the name.

The formula, according to all these explanations, is ‘āyuṣmān bhava saumya Devadattā3.’ This is not accepted by Vīramitrodaya (Saṃskāra p. 452), which would omit the word ‘saumya,’ which in Manu’s text, it takes as standing for the name of the saluter; so that the formula according to it would be ‘āyuṣmān bhava Devadattā3.’ It argues that if we don’t take the word ‘saumya’ as standing for the name, we would have to seek elsewhere for the injunction for pronouncing the name in regard to which the second half prescribes the ultra-elongation of the final ‘a.’ — As regards the second line of the verse, it takes it to mean that, ‘the a tliat appears at the end of the saluter’s name should be pronounced ultra-long; — and adds that the vowel ‘a’ here stands for vowels in general; as all names do not, and cannot end in ‘a’, in the case of names ending in consonants also, fhe syllable to be ultra-elongated would be the last of the vmvels contained in the name; it is clear from Pāṇini’s rule that the ‘ṭi’ syllable is to be so pronounced (see note, above) — and it is the last vowel that is called ‘ṭi’. — In the compound pūrvākṣaraḥ ‘akṣara’ means consonant, and the compound means ‘that which has a consonant immediately preceding it’; so that the text comes to mean that ‘the vowel that has a consonant immediately preceding it should not be separated from the consonant and then pronounced ultra-long; it should be pronounced along with the consonant.’ It concludes that this explanation is in agreement with Medhātithi and several others. According to this view the formulas would be — (a) ‘āyuṣmān bhava Devadattā3’ (where the name ends in a vowel) and (b) ‘āyuṣmān bhava Somaśarmā3n,’ where the name ends in a consonant.

The same work goes on to add that Haradatta has adopted the reading ‘pūrvākṣaraplutaḥ’ (see note above) and has explained the verse as follows: — At the end of the name is to be pronounced an additional ‘a’ — over and above the syllables in the name itself, — and this additional ‘a’ — is to be ‘pūrvākṣaraplutaḥ,’ — i. e., ‘having its preceding syllable — i. e., vowel — ultra-long’; — i. e., the vowel preceding the additional ‘a’ should be ultra-long; and this may be done also where consonants may be intervening between the two. Thus in the case of there being no intervening consonant, the formula would be āyuṣmān bhava saumya Devadattā3,’ while in that of there being an intervening consonant, it would be āyuṣmān bhava saumya Agnichi3da’ (where the consnant, ‘d’ intervenes between the additional ‘a’ at the end, and the vowel ‘i’ preceding it.)

It further adds that the term ‘vipraḥ’ includes the Kṣatriya and others also, as is clear from the fact that in grammar we find rules (a) making the ultra-elongation of the final vowel optional in the case of the saluter being a Kṣatriya or a Vaiśya, and also (b) prohibiting the elongation in the case of the saluter being a woman or a Śūdra.

This work quotes Medhātithi to the effect that the words in the text ‘āyuṣmān bhava saumya’ are meant to be purely illustrative, and it is not meant that these should be the very words used; it is thus that even such returns become permissible as — ‘āyuṣmānedhi,’ ‘dīrghāyurbhūyāḥ,’ ‘cirañjīva’ and others that are in common use among cultured people.

This verse is quoted also in Nirṇayasindhu (p. 191), where ‘pūrvākṣaraḥ’ is explained as referring to the letter preceding the ‘n’ in ‘śarman’; — and in Aparārka (p, 53), which adds the following note: — The ‘akāra’ here stands for the final vowel in the name of the saluter; hence whichever. vowel occurs at the end of the name should be pronounced ultra-long; hence ‘pūrvākṣaraḥ’ means ‘that which is preceded by a syllable’; this syllable preceding the final vowel must be a consonant. Hence the meaning is that the vowel, along with the consonant, should be pronounced ultra-long. It does not mean that an additional ‘a’ is to be added at the end of the name.

It is quoted in Smṛticandrikā (Saṃskāra, p. 98), which adds the following notes: — The vowel ‘a’ here stands for any vowel that occurs at the end of a name; there is no such rule as that every name must end in ‘a’; hence the elongation pertains to the vowel that occurs at the end of a name; and it does not mean that an additional ‘a’ has to be added at the end of every name.

It is quoted also in Saṃskāramayūkha (p. 46), which has the same remarks regarding the vowel ‘a’; it adds: — According to some people, the title ‘śarman’ also has to be pronounced; so that the formula would be ‘āyuṣmān bhava Devadattā śarman.’ Others hold that the elongation prescribed is to be done to the ‘a’ contained in the term ‘śarman’ But this is open to doubt, as the term ‘śarman’ does not form part of the name; if it did, then, as some other syllables would necessarily be required to be prefixed to this, it could not be possible to have any name ‘with two letters’, as has been prescribed. This elongation of the vowel is not done in the name of the Śūdra, who is excluded, according to Pāṇini’s Sūtra ‘Pratyabhivāde’śūdre’; this however makes it clear that the salutation of the Śūdra also is to be returned.

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (1.6.17). — ‘The previous letters should he ultra-long in the salutation as also in the returngreeting.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 453). — ‘The last vowel in the greeting is ultra-long.’

 

 

VERSE 2.126

Section XXIII - Rules regarding Salutation

 

यो न वेत्त्यभिवादस्य विप्रः प्रत्यभिवादनम् ।
नाभिवाद्यः स विदुषा यथा शूद्रस्तथैव सः ॥१२६॥

yo na vettyabhivādasya vipraḥ pratyabhivādanam |
nābhivādyaḥ sa viduṣā yathā śūdrastathaiva saḥ ||126||

 

The Brāhmaṇa who knows not the return-greeting of the greeting of salutation does not deserve to be saluted by the learned; he is exactly as the śūdra is. — (126)

 

Medhātithi’s commentary (manubhāṣya):

Objection. — “It would have sufficed to say ‘he who knows not the return-greeting’; the addition of the phrase ‘of the greeting of salutation’ is superfluous and not quite compatible.”

It is not so; the construction is — ‘the return-greeting in keeping with the greeting of salutation.’ For instance, propriety demands that (a) if the salutation has been offered with the name of the accoster duly pronounced, then in the return-greeting, the final vowel of the name Should be pronounced ultra-long; (b) and he who salutes with the form ‘It is I, Oh, Sir,’ is to be answered without his name being uttered and without the elongation of any vowel.

‘Does not deserve to be saluted’; — this prohibits the uttering of the words of greeting; the sense being that ‘salutation may be offered,’ but not with the words ‘it is I, Sir,’ — the circumstances under which these words are to be used h aving been shown before (under 123).

‘As the Śūdra,’ — this appears to be by way of illustration; for as a matter of fact the Śūdra also, when of great age, is held to be deserving of salutation.

‘By the learned’; — this has been added only for the purpose of filling up the metre. — (126)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 450), where the following explanation is added: — The meaning is that the man who does not know the return greeting in strict consonance with rules of salutation does not deserve to be greeted at all, the correct form of the response being as laid down in the preceding verse — the ultra-elongation of the vowel at the end of the name pronounced by the saluter in the formula of salutation. What is prohibited here is only that salutation which is accompanied by the formula containing the saluter’s name; that all salutation is not entirely interdicted is indicated by the words ‘he is exactly as the Śūdra is’; — the Śūdra also, when over ninety years of age, is deserving of salutation, according to Manu 2. 137. The word ‘pratyabhivādanam’ means the pronouncing, by the elder who has been saluted, of benediction with prescribed formula.

This verse is quoted also in Madanapārijāta (p. 28), which adds a verse from Yama to the effect that the Brāhmaṇa who, on being saluted, does not return the proper benediction, is born as a tree in the crematorium, inhabited by crows and vultures.

It is quoted in Parāśaramādhava (Ācāra, p. 297) as laying down that no salutation should be offered to one ignorant of the proper form of the response to it; — in Nityāchārapradīpa (p. 407); — in Saṃskāramayūkha (p. 57); — and in Smṛticandrikā (Saṃskāra, p. 98).

 

Comparative notes by various authors:

Vaśiṣṭha (13.14). — ‘He should simply say Here I am, when saluting one who knows not the form of the return-greeting.’

Yama (Vīramitrodaya-Saṃskāra, p. 465). — ‘On being saluted, if one does not offer his blessing, a part of the saluter’s sins falls upon the person saluted. To the Brāhmaṇa he should say svasti (all may be well), to the Kṣatriya āyuṣyam (long-life), to the Vaiśya vardhatām (may you prosper), to the Śūdra ārogyam (freedom from disease).’

[Yama also reproduces Manu’s Verse.]

Bhaviṣya-purāṇa (Parāśaramādhava, p. 298). — ‘On bring saluted, if one does not return the salutation, or if one does not pronounce the blessing, one falls into many hells.’

Gautama-Dharmasūtra (7.42). — ‘Welfare, Freedom from Distemper , Freedom from Loss and Freedom from Disease, the asking of these constitutes the return-greeting; the last being for the Śūdra.’

Āpastamba-Dharmasūtra (1.14.26-29). — ‘One should ask one who is not senior, also one of the same age, about his welfare; the Kṣatriya about his freedom from distemper; — the Vaiśya about freedom from loss; — the Śūdra about freedom from disease.’

 

 

VERSE 2.127

Section XXIII - Rules regarding Salutation

 

ब्राह्मणं कुशलं पृच्छेत् क्षत्रबन्धुमनामयम् ।
वैश्यं क्षेमं समागम्य शूद्रमारोग्यमेव च ॥१२७॥

brāhmaṇaṃ kuśalaṃ pṛcchet kṣatrabandhumanāmayam |
vaiśyaṃ kṣemaṃ samāgamya śūdramārogyameva ca ||127||

 

Having met a Brāhmaṇa, one should ask him his “welfare,” a Kṣatriya his “freedom from distemper,” a Vaiśya his “prosperity,” and a Shudra his “freedom from disease.” — (127)

 

Medhātithi’s commentary (manubhāṣya):

When a greeting has been offered and answered, and friendly relations have thereby become established, occasion arises for enquiry; and the present verse lays down the verbal forms whose diversity is based upon distinctions of caste; and the caste-distinction pertains to the persons questioned, not to the questioner. And, in as much as there is not very much of a difference in the meaning of the words laid down, the restriction is with reference to the verbal forms only. For instance, the terms ‘anāmaya,’ ‘freedom from distemper,’ and ‘ārogya,’ ‘freedom from disease,’ mean the same thing; nor is there much difference in the meanings of the terms ‘kuśala,’ ‘welfare’ and ‘kṣema,’ ‘prosperity.’ Though the term ‘kuśala’ denotes erpertness, yet it is also used in the sense of the non-deficiency of the body and other things related to it.

The words here laid down must be used; but this does not mean that the man should not make use of other words also, if he wishes to make detailed enquiries; as has been clearly shown somewhere in the

On the strength of the expression ‘having,’ some people explain this verse to mean tbat the questions are to be put only to persons of equal age, and they do not apply to the case of the teacher and other superiors; for the teacher has to be ‘approached,’ not ‘met.’

But, as a matter of fact, there is ‘meeting’ in ‘approaching’ also; so there is no force in the said explanation. — (127)

 

Explanatory notes by Ganganath Jha:

According to Govindarāja, the rule refers to friends or relatives meeting, not to every one who returns a salute.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 450) in support of the view that the term ‘vipraḥ’ in verse 125 includes the Kṣatriya, the Vaiśya and the Śūdra also; as it lays down the return-greeting for all these; — and again on page 465, as a verse common to Manu and Yama and laying down the benedictory response to salutation.

It is quoted also in Parāśaramādhava (Ācāra, p. 298) as laying down the return-greetings appropriate for the several castes; — in Nityāchārapradīpa (p. 406) as laying down what should be said after salutation has been returned; — in Saṃskāramayūkha (p. 47); — and in Smṛticandrikā (Saṃskāra, p. 100).

 

Comparative notes by various authors:

Yama (Parāśaramādhava, p. 298). — ‘The response to the Brāhmaṇa shall he svasti; to the Kṣatriya, āyuṣmān; to the Vaiśya, dhanavān; to the Śūdra, freedom from disease.’

 

 

VERSE 2.128

Section XXIII - Rules regarding Salutation

 

अवाच्यो दीक्षितो नाम्ना यवीयानपि यो भवेत् ।
भोभवत्पूर्वकं त्वेनमभिभाषेत धर्मवित् ॥१२८॥

avācyo dīkṣito nāmnā yavīyānapi yo bhavet |
bhobhavatpūrvakaṃ tvenamabhibhāṣeta dharmavit ||128||

 

A person who has been initiated (for a rite), even though he be younger, should not be addressed by name; one who knows the law should address him beginning with such terms as “sir” and “your worship.” — (128)

 

Medhātithi’s commentary (manubhāṣya):

At the time of answering a greeting, as also on other occasions, one who has been ‘initiated,’ — that is, during the time beginning from the performance of Dīkṣaṇīyā Īṣṭi and ending with the Final Bath — should not be addressed by name; i.e., his name should not he uttered.

‘Younger’ — born not very long ago.

The term ‘api’ ‘even,’ leads us to infer that of the elder person one should not utter the name, even though he he n ot initiated. Says Gautama (2.23) — ‘The name and gotra of one’s superior should bo uttered with māna, reverence’; — ‘māna’ here stands for reverence’, and the meaning is that the name should he uttered with reverence; e.g., in some such form as ‘the highly revered lord, Janārdana Miśra.’

Question — “How then is one to converse with an initiated person, on matters of business?”

It should begin with such terms as ‘sir’ and ‘your worship.’ That is, ono should address the initiated person, after having pronounced the word ‘Sir,’ and then by such names as ‘Initiate’ ( ), ‘sacrificer’ (‘yajamāna’) and the like, which are applicable to him in their denotative sense. It does not mean that after having pronounced the term ‘sir,’ he should be addressed by name.

The passage being construed as — ‘the address which is preceded by the terms sir and your worship,’ — in view of the fact that it is not possible to use both the terms in the same sentence, people have laid down the following rule — (a) when one is conversing with him directly, then he should be addressed with the term sir, Bhoḥ, which contains a vocative ending; (b)and when his qualities are being described to some one else, then one should use such words as ‘such and such a thing has been done by his worship the Initiate,’ ‘his worship does so and so.’ The text mentions only the basic from ‘bhavat’ (‘your worship’), and it is to be used with such case-endings as may fit in with the sentence in which it is contained. — (128)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 466), where the following explanation is added: — At the time of returning the salutation, the person initiated for a sacrifice even though he be younger in age, should not be addressed by name, after the performance of the Dīkṣaṇīyā Iṣṭi, the Initiatory Sacrifice, till the completion of the Final Bath of the Avabhṛtha; he should be addressed by such words as ‘Dīkṣita’ and the like, following after the syllable ‘bhoḥ’ or ‘bhavat — i. e. ‘bho dīkṣita’.

It is quoted also in Madanapārijāta (p. 28) in support of the view that even in the return greeting, the name of the initiate should not be pronounced; and is explained to mean that the initiate should be addressed with such words as ‘bho dīkṣita or ‘bhavān dīkṣita, or some such other expressions containing a synonym of the word ‘dīkṣita’.

 

Comparative notes by various authors:

Gautama-Dharmasūtra (6.19). — ‘The Initiated also, upon the Purchase (of Soma) [should be addressed as Sir].’

 

 

VERSE 2.129

Section XXIII - Rules regarding Salutation

 

परपत्नी तु या स्त्री स्यादसम्बन्धा च योनितः ।
तां ब्रूयाद् भवतीत्येवं सुभगे भगिनीति च ॥१२९॥

parapatnī tu yā strī syādasambandhā ca yonitaḥ |
tāṃ brūyād bhavatītyevaṃ subhage bhaginīti ca ||129||

 

A female who is the wife of another person, and is not related to one by birth, should be addressed as “Lady,” and also “blessed,” or “sister.” — (129)

 

Medhātithi’s commentary (manubhāṣya):

When conversation is held with a female in connection with some business, then one should do as directed in this verse.

She who is the wife of another person should be addressed either as ‘blessed lady,’ or as ‘lady, my sister.’ The term ‘bhavati’ ending in the short vowel is derived from the base ‘bhavat’ with the feminine affix, and with the vocative Case-ending. The particle ‘iṭi’ after ‘bhavati’ indicates that it is used in addition to the terms ‘blessed’ and ‘sister.’

‘One should address’; — this conclusively proves that the terms in question arc meant to he used in their verbal forms.

If the lady happens to he an elderly one, she should he addressed as ‘mother,’ ‘glorious one’ and so forth; and if she is younger in age, she is to be addressed as ‘daughter,’ ‘long-lived one,’ and so forth.

The presence of the term ‘wife’ shows that the form laid down is not to be used in connection with unmarried girls.

‘Who is not related to one by birth,’ — one who, like the daughter of the maternal uncle, has not become a ‘relative’ either from the father’s or the mother’s side. Special rules regarding these are going to be laid down below (under 132).

Objection. — “In that case this latter verse would suffice to signify that the present rule does not apply to relatives; and the general rule here laid down would he applicable to other cases; under the circumstances, where is the use of adding the clause ‘who is not related, etc.’?”

Answer. — This being a metrical treatise, we should not be very particular about superfluous repetitions. — (129)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 298); — also in Vīramitrodaya (Saṃskāra, p. 4(57); — and in Smṛticandrikā (Saṃskāra, p. 101) as laying down the mode of addressing ladies.

 

Comparative notes by various authors:

Viṣṇu-Smṛti (32.7). — ‘The wife of another man, even though not known, should be addressed as sister, or daughter, or mother.’

 

 

VERSE 2.130

Section XXIII - Rules regarding Salutation

 

मातुलांश्च पितृव्यांश्च श्वशुरान् ऋत्विजो गुरून् ।
असावहमिति ब्रूयात् प्रत्युत्थाय यवीयसः ॥१३०॥

mātulāṃśca pitṛvyāṃśca śvaśurān ṛtvijo gurūn |
asāvahamiti brūyāt pratyutthāya yavīyasaḥ ||130||

 

One should rise and say ‘here (so and so) I am,’ to such maternal uncles, paternal uncles, fathers-in-law and superiors as happen to be younger. — (130)

 

Medhātithi’s commentary (manubhāṣya):

The plural number in the word ‘superiors’ indicates that this word does not stand for those superior persons that are mentioned in the present verse; it is meant to be a generic name, standing for persons superior in the point of wealth, etc., as mentioned by Gautama (in 6.20).

These when they are ‘younger’ — whose age is lower than that of the nephew, etc.

‘Here l am’ — indicates the name of the accoster; the term ‘I’ being meant to come after the name.

When the said persons have arrived, one should rise to meet them and accost them in the manner here prescribed. The present direction prohibits the use of the vocative term ‘bhoḥ,’ ‘sir,’ in the greeting. Gautama also has said — ‘There should be rising to meet; these are not to be saluted.’ (6.9). — (130)

 

Explanatory notes by Ganganath Jha:

‘Gurūn’ — ‘Superiors, in point of wealth, &c.’ (Medhātithi); — ‘those venerable on account of learning and austerities (Kullūka and Rāghavānanda); — ‘the husband of a maternal aunt and so forth, but not those more learned than himself’ (Govindarāja); — ‘the teacher and the rest’ (Nandana); — ‘Subteachers’ (Nārāyaṇa).

Medhātithi (p. 133, 1. 27) — ‘Gautamīye’ — This refers to Gautama 6.9, which reads —

ṛtvikśvaśurapitṛṣyamātulānāṃ tu yavīyasāmprasyutthānamanabhivādyāḥ (?)

Ibid. (p. 133, 1. 28) — ‘Bhāgineyādeḥ’ — See Gautama, 6.20 —

vittabandhūkarmajātividyāvayāṃsi para?tīyāṃsi,

cf. also Manu, 2.136.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 456), where it is explained that the term ‘gurūn’ stands for those who are possessed of superior learning and other qualifications.

 

Comparative notes by various authors:

Gautama-Dharmasūtra (6.9). — ‘One should rise to welcome the priest, the father-in-law, the paternal uncle, and the maternal uncle; but they should not be saluted, if they are junior in age.’

Baudhāyana-Dharmasūtra (2.46). — ‘The priest, the father-in-law, the paternal uncle and the maternal uncle, when they are junior in age, — one should accost after rising from the seat.’

Āpastamba-Dharmasūtra (1.14.11). — ‘One should rise and accost, — or silently embrace — the priest, the father-in-law, the paternal uncle and the maternal uncle, if they are junior in age.’

Vaśiṣṭha-Smṛti (13.13) — (reproduces the words of Āpastamba).

Viṣṇu-Smṛti (32.4). — ‘In the case of the father-in-law, the paternal uncle and the maternal uncle, if these are junior in age — salutation consists in rising to welcome.’

 

 

VERSE 2.131

Section XXIII - Rules regarding Salutation

 

मातृश्वसा मातुलानी श्वश्रूरथ पितृश्वसा ।
सम्पूज्या गुरुपत्नीवत् समास्ता गुरुभार्यया ॥१३१॥

mātṛśvasā mātulānī śvaśrūratha pitṛśvasā |
sampūjyā gurupatnīvat samāstā gurubhāryayā ||131||

 

Mother’s sister, maternal uncle’s wife, mother-in-law, and father’s sister deserve to re honoured like the teacher’s wife; all these are equal to the wife of the Teacher. — (131)

 

Medhātithi’s commentary (manubhāṣya):

These ‘deserve to be honoured like the Teacher’s wife’ — by rising to meet them, saluting them, offering them seat and so forth.

The equality of these to the Teacher’s wife haviug been already mentioned by the phrase ‘like the Teacher’s wife,’ the addition of the words ‘they are equal, etc,’ is meant to indicate that one should do for these persons other things also; — such as carrying out their wishes and so forth — that one does for the Teacher’s wifìe. If this were not so indicated, the implication of the context would be that it is only in the matter of salutation that they have to be treated ‘like the Teacher’s wife.’

The text speaks of only ladies of older age; but in the case of younger ladies also the same rule of salutation has to be observed. — (131)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 458) in support of the view that the mother-in-law should be accosted with the clasping of her feet, whereby the prohibition of clasping of the feet of the mother-in-law, met with in some Smṛtis, has to be taken as referring to eases where the mother-in-law happens to be a youthful woman, — under which circumstances the Teacher’s wife also should not be clasped in the feet.

 

Comparative notes by various authors:

Gautama-Dharmasūtra (6.7). — ‘Unless one has returned from journey, one shall not touch the feet of a woman, except his mother, paternal aunt and sister.’

Āpastamba-Dharmasūtra (1.14.6.9). — ‘The Mother and the Father should be attended upon like the Teacher; — on the completion of his study, he should clasp the feet of all his elders; — also when he meets them on returning from a journey; — in the case of brothers and sisters, clasping of feet should be done in order of seniority.’

Viṣṇu-Smṛti (32.3). — ‘Mother’s sister, father’s sister and the elder sister also.’

Smṛtyantara (Vīramitrodaya-Saṃskāra, p. 458). — ‘Feet-clasping should be done of the mother’s sister, also of the wives of one’s paternal uncle.’

 

 

VERSE 2.132

Section XXIII - Rules regarding Salutation

 

भ्रातुर्भार्यौपसङ्ग्राह्या सवर्णाऽहन्यहन्यपि ।
विप्रोष्य तूपसङ्ग्राह्या ज्ञातिसम्बन्धियोषितः ॥१३२॥

bhrāturbhāryaupasaṅgrāhyā savarṇā'hanyahanyapi |
viproṣya tūpasaṅgrāhyā jñātisambandhiyoṣitaḥ ||132||

 

The brother’s wife, if of the same caste, should be clasped in the feet day by day; but the wives of other paternal, maternal and other relatives should be so clasped only when one has gone on a journey. — (132)

 

Medhātithi’s commentary (manubhāṣya):

‘Brother’s’ — should be understood to mean ‘of the elder brother.’

‘Should be clasped in the feel,’ — should be saluted on their feet.

‘Of the same caste’ — belonging to the same caste as her husband. As for the brother’s wires who belong to the Kṣatriya and other castes, they are to be treated as ordinary relatives.

‘The wives of other paternal and maternal relatives — only when one has gone on a journey’; — i.e., by one who has returned from a journey; for no clasping of the feet could be done by one who is away on a journey.

‘Jñāti’ stands for paternal relatives; — ‘Sambandhi’ for maternal relatives; as also other relatives, such as the father-in-law and the rest. The wives of these — when they are of older age; this is clear from the fact that ‘the clasping of the feet’ is a form of worship which cannot be right in the case of relatives of younger age. — (132)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 458) in support of the view that the clasping of the feet of the brother’s wife should be done when one belongs to the same caste as her husband; and the prohibition of such clasping met with in some Smṛtis should be taken as referring to cases where the sister-in-law happens to belong to a lower caste; — also in Smṛticandrikā (Saṃskāra p. 103).

 

Comparative notes by various authors:

Gautama-Dharmasūtra (6.8). — ‘Of the brother’s wife and the mother-in-law, there should be no clasping of the feet.’

 

 

VERSE 2.133

Section XXIII - Rules regarding Salutation

 

पितुर्भगिन्यां मातुश्च ज्यायस्यां च स्वसर्यपि ।
मातृवद् वृत्तिमातिष्ठेन् माता ताभ्यो गरीयसी ॥१३३॥

piturbhaginyāṃ mātuśca jyāyasyāṃ ca svasaryapi |
mātṛvad vṛttimātiṣṭhen mātā tābhyo garīyasī ||133||

 

Towards his father’s sister, his mother’s sister, and his own elder sister, one should adopt the same behaviour as towards his mother; but the mother is more venerable than these. — (133)

 

Medhātithi’s commentary (manubhāṣya):

The present text serves to indicate the propriety of behaving, as towards one’s mother, towards the sister of his father, and the sister of his mother, and also towards bis own elder sister.

Objection. — “The treatment to be accorded towards the father’s and the mother’s sister has already been prescribed under 131 above. It might be argued that in verse 131 it is said that they should be treated like the Teacher’s wife, while in the present verse they are described as to be treated like one’s mother. But this makes no difference; as the behaviour towards the mother is precisely the same as that towards the Teacher’s wife.”

To this some people make the following answer: The venerable character of the father’s and the mother’s sister has been re-asserted only for the purpose of adding that ‘the mother is more venerable than these.’ The meaning is that when one’s mother directs him one way, and the father’s sister and the rest another way, he should act according to the directions of his mother, and not according to those of the others. It will not be right to argue that this (superiority of the mother) is also already declared under verse 145; because this latter verse is purely valedictory.

Others however hold that, there is some difference in the treatment to be accorded to the mother and to the Teacher’s wife. In the case of the Teacher’s wife, worship, etc., are necessary; while in the case of the mother, it is often otherwise also, because of the son being too young, or because of the mother being too fond of him. And since the father’s sister and the mother’s sister also fondle the child (like his mother), it is only natural that these should be treated like the mother. Fondling during childhood is done by one’s own older sister also. But when one has passed beyond childhood, his treatment of these relatives should be like that of his teacher’s wife. All this is not got out of the present verse only. And if we did not have both declarations (one in the present verse, and Another in 131), then the mere assertion of ‘behaviour as towards his mother’ would be liable to be understood as referring to salutation only, as it is this that forms the subject-matter of the context; while as a matter of fact, it is the loving behaviour that is here intended to be accorded. — (133)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra p. 459) in support of the view that the ladies herein mentioned should be accosted by the clasping of the feet, as they are here declared to be treated ‘like the mother’; — and in Smṛticandrikā (Saṃskāra, p. 90).

 

Comparative notes by various authors:

Viṣṇu-Smṛti (32.3). — ‘Mother’s sister, father’s sister, and the elder sister also.’

 

 

VERSE 2.134 [Degrees of Respect]

Section XXIV - Degrees of Respect

 

दशाब्दाख्यं पौरसख्यं पञ्चाब्दाख्यं कलाभृताम् ।
त्र्यब्दपूर्वं श्रोत्रियाणां स्वल्पेनापि स्वयोनिषु ॥१३४॥

daśābdākhyaṃ paurasakhyaṃ pañcābdākhyaṃ kalābhṛtām |
tryabdapūrvaṃ śrotriyāṇāṃ svalpenāpi svayoniṣu ||134||

 

Among citizens friendship and equality are regarded as ranging within ten years (of age-difference); among artists, it is regarded as ranging within five years; among learned men, it proceeds up to three years; and among blood-relations, it ranges only within a very short period of time. — (134)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (under 120) that ‘the life-breaths of the younger men rush outwards at the approach of the elder now the present verse proceeds to determine by bow many years one may be regarded as an ‘elder’; among ordinary men people come to be regarded as ‘elderly’ when they become grey-headed.

Among citizens, equality and friendship are regarded as subsisting among people who differ in their age by ten years, so that among these, one conies to be regarded as ‘elder’ when he happens to be more than ten years older; and those less than that should be treated as ‘friends and equals’; and hence accosted as ‘Oh, Sir,’ as declared by Gautama (6.14) — “Equals in age should be accosted as ‘Oh, Sir’; when the difference in age is more than ten years, the person should be regarded as ‘elder.’

In the expression ‘daśābdākhya,’ ‘ākhyā’ stands for ‘ākhyānam,’ ‘description’; and the compound, a three-termed Bahuvrīhi, means ‘that whose description is ten years’; the years being construed as qualifying ‘friendship’ on the basis of ‘description,’ and no significance being attached to the difference between cause and effect (the ‘years’ being the cause of the ‘friendship’), all that the compound means is that — ‘one who is senior by about ten years is an equal friend.’

‘Pauras,’ ‘citizens,’ are ‘persons living in cities.’ The mention of ‘cities’ is only by way of illustration; the same rule holds good among inhabitants of villages also. Among people living in the same village, all those come to be regarded as ‘friends’ among whom there happens to be some ground for close intimacy.

Those persons who practise some sort of art — crafts, music and the rest, — among these one who is older by less than five years is an ‘equal’; beyond that, he is ‘elder.’

‘Tryabdam’ means ‘that which is preceded by three years’; and of this kind is the ‘equality’ among learned men.

‘Among blood-relations, it ranges within a very short period of time’; — i.e., among persons belonging to the same family, he who is senior by only a few days is also ‘elder.’

“What period of time is to be regarded as very short?”

It cannot he three years; for having spoken of three ‘years,’ the text mentions ‘short,’ which means that it must be less than that. It cannot mean two years, because of the singular number. Nor lastly, can it mean one year, as in that case there would be no point in the qualification ‘very short.’ Because ‘year’ is the name given to a well-defined period of time; so that a period of time which is less than that even by a single day ceases to be a ‘year.’ For these reasons ‘short’ must refer to time in general (unspecified), the only peculiarity being tbat it, should be less than a year.

The particle ‘ca’ should be taken as standing for ‘?va,’ ‘only’; the meaning being ‘friendship ranges only within a very short period of time, beyond that the man becomes elder.’ All this should be taken as holding good only among people of the same caste, possessed of similar qualifications; so that the definition of ‘elder’ as something relative in sense is that obtaining among ordinary people.

Other persons explain the verso as follows: — This verse does not define what is tho characteristic of being ‘elder’; it only serves to define ‘Friendship.’ It could be taken as defining ‘elderliness’ only if we abandoned its direct meaning; as only then could it be taken to mean that ‘during such time one is a friend, and after that he becomes an elder.’ As a matter of fact, what the verse means is as follows: — (a) People who live in the same city for ten years become ‘friends’; (b) among people knowing the arts — sixty-four in number — companionship during five years establishes ‘friendship’; (c) among blood-relations, friendship is established by living together even for a very short time. Thus then, one does not become a ‘friend’ simply because he happens to be of equal age, in fact the ‘friend’ is as described; but the said conditions of ‘friendship’ all require tbat the parties concerned be of equal age.

All this may be true; but this explanation is inconsistent with the next verse; in the latter, ‘caste’ is mentioned as the pre-eminent factor, and not the age; and the reason is that if the mere fact of being so many years older in age were to make one ‘elder,’ then we could not get rid of the contingency of persons of different (and inferior) castes being regarded as ‘elders.’

Older commentators have all adopted the first explanation (put forward by us). — (134)

 

Explanatory notes by Ganganath Jha:

“Those who are ‘friends’ and equals may address each other with the words ‘bhoḥ’, ‘bhavat,’ or ‘vayasya’, ‘friend’. The explanation of the verse, which is substantially the same in all the commentaries, is based on Gautama’s passage (6.14-17); while Haradatta’s interpretation of Āpastamba (1.4.13) somewhat differs.” — (Buhler).

“A small difference in age constitutes among relatives a difference in position; but in other cases only a considerable difference as specified. — This ‘equality’ refers to the form of salutation among equals.” — (Burnell — Hopkins).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 466), where the following explanation is given: — Among persons living in the same city, and not possessed of any exceptional learning or wealth or other qualifications, if the difference in the age of two persons extends to within ten years, they are to treat each other as ‘friends,’ and there is to be no salutation; the ‘city’ here includes the village also; — among persons versed in music and other arts, equality extends to within five years of difference in age; — and among those learned in the Veda to within one (as read here) year; — and among Sapiṇḍas, to within a very short period of time. In every case there is ‘superority’ if the difference exceeds the periods mentioned.

It is quoted also in Parāśaramādhava (Ācāra, p. 299), where also we have the following explanation Among inhabitants of the same village one is to be treated as ‘friend’ if he is older by less than ten years; beyond that he is to be treated as ‘superior’. — Among men expert in the arts and in learning, there is equality if there is a difference of five years; — among persons learned in the Veda, or students of the Veda, there is equality if there is a difference of three years, after which the older man becomes ‘superior’; — among blood relations, brothers and the rest, the older person is to be treated as an equal only when the difference in age is very small.

Parāśaramādhava raises the question of saluting such Ṛtvik and others as are younger in age. In view of the general rule that these should be saluted, the fact of any one being younger in age does not deprive him of his right to a salute. The conclusion however is that all that is meant is that they have to be ‘treated with respect’; and this implies that one should stand up to receive and welcome them with agreeable words, as is clearly laid down by Baudhāyana, who says,

ṛtvikśvaśurapitṛ?yamātulānāṃ tu yaviyasāṃ pratyutthānābhibhāṣaṇam.

That these are not to he saluted is clearly asserted by Gautama (6.9), which lays down that these are anabhivāthāḥ (?), It is interesting to note that in quoting Gautama, Mādhava has read abhivādanam in place of anabhivādyāḥ; but knowing somehow that the meaning of Gautama was that these are not abhivādyāḥ, he has explained abhivādanam as abhibhāṣaṇam, speech.

The verse is quoted also in Madanapārijāta (p. 29) as declaring the difference in age which constitutes ‘superiority’. It practically repeats the explanation given in Parāśaramādhava (see above); but at the end adds that among blood-relations, the difference of even one day establishes superiority; while between relations born on the same day there is equality as declared by Āpastamba. — ‘One born on the same day is a friend.’

Aparārka (p. 53) quotes this verse and adds the following explanation: — Among citizens even one who is ten years older is a ‘friend and it is only one who is more than ten years older is to be regarded as an ‘elder’; among musicians and other artists one older by five years or less is a ‘friend’, older than that he becomes an ‘elder’; among Vedic scholars, it is upto three years; and among these latter, superority or inferiority is determined by special qualifications. — -The particle ‘api’ means ‘eva’.

It is quoted in Smṛticandrikā (Saṃskāra, p. 101), which offers the following explanation: — Among citizens, one who is senior by one to ten years is to be regarded as a ‘friend’ — an equal; one older than that is an ‘elder’ — a superior; — among artists people versed in singing, dancing and so forth there is ‘friendship’ upto a difference of five years; among Vedic scholars it extends to a difference of three years; older than that, is ‘elder’ — superior; among blood-relations there is ‘friendship’ within a limit of very few years; one even a little older is to be saluted like an ‘elder’; — all this refers to Brāhmaṇas.

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (1.24.13). — ‘Friendship (equality) among citizens extends up to ten years; among members of the same Vedic sect, up to five years and the elder Vedic scholar deserves salutation if he is senior by three years.’

Gautama-Dharmasūtra (6.2.5). — ‘One born on the same day as oneself is his friend; a citizen who is senior by ten years; an artisan, who is senior by five years; a Vedic scholar of the same Vedic sect, who is senior by three years.’

 

 

VERSE 2.135

Section XXIV - Degrees of Respect

 

ब्राह्मणं दशवर्षं तु शतवर्षं तु भूमिपम् ।
पितापुत्रौ विजानीयाद् ब्राह्मणस्तु तयोः पिता ॥१३५॥

brāhmaṇaṃ daśavarṣaṃ tu śatavarṣaṃ tu bhūmipam |
pitāputrau vijānīyād brāhmaṇastu tayoḥ pitā ||135||

 

The Brāhmaṇa or ten years and the Kṣatriya or a hundred years should be known as father and son; and of the two this Brāhmaṇa is the father. — (135)

 

Medhātithi’s commentary (manubhāṣya):

One since whose birth ten years have elapsed is ‘of ten years.’ The time is the determining and the Brāhmaṇa the determined factor; but it is not possible to determine, by means of time, either his tallness or shortness or thinness, etc.; what can be determined by it is only a certain act of his; and this act can only be that of maintaining his life-breath, which subsists in him continuously since his birth.

The same explanation applies to the epithet ‘of a hundred years.’

They should be looked upon as ‘father and son.’

‘Of the two’ — as compared with each other, — ’ the Brāhmaṇa is the father.’

All that this means is that even when the Kṣatriya is very old and the Brāhmaṇa very young in years, the former should rise to meet and salute the latter. — (135)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 474), as showing that the Brāhmaṇa is ‘superior’ to all.

It quotes the same verse as contained in Bhaviṣyapurāṇa. — . It is quoted also in Nṛsiṃhaprasāda (Saṃskāra, p. 44b); — and in Smṛticandrikā (Saṃskāra, p. 101) to the effect that as between a Brāhmaṇa and a Kṣatriya, the former is to be saluted by the latter, even though he be very much junior in age.

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (1.14.25) — (a paraphrase of Manu).

Viṣṇu-Smṛti (32.17) — (reproduces the exact words of Manu).

Bhaviṣya-purāṇa (Vīramitrodaya-Saṃskāra, p. 474) — (has the verse of Manu, to which it adds another verse to the effect that) — ‘the Brāhmaṇa has thus been declared by the wise the Kṣatriya’s father, the Vaiśya’s grand-father and the Śūdra’s great-grand-father.’

Śātātapa (Vīramitrodaya-Saṃskāra, pp. 473-474). — ‘Agni is the superior of the Twice-born men, the Brāhmaṇa is the superior of all castes.’

Śātātapa (Parāśaramāḍhava, p. 299). — ‘The Kṣatriya and the rest should never be saluted by the Brāhmaṇa, even though they be endowed with knowledge and of good conduct and very learned.’

Mahābhārata (13.8.21). — ‘The Kṣatriya, hundred years old and the Brāhmaṇa, ten years old, should he regarded as father and son; of the two, the Brāhmaṇa being the superior.’

 

 

VERSE 2.136

Section XXIV - Degrees of Respect

 

वित्तं बन्धुर्वयः कर्म विद्या भवति पञ्चमी ।
एतानि मान्यस्थानानि गरीयो यद् यदुत्तरम् ॥१३६॥

vittaṃ bandhurvayaḥ karma vidyā bhavati pañcamī |
etāni mānyasthānāni garīyo yad yaduttaram ||136||

 

Wealth, Relation, Age, Action and Learning, as the fifth, — these are the grounds of respect; (among them) that which follows is weightier (than that which goes before it). — (136)

 

Medhātithi’s commentary (manubhāṣya):

Caste has been described as a ground of superiority; so that one belonging to a higher caste should be respected by one of a lower caste. The text now proceeds to describe the relative strength of those factors that entitle persons of a caste to salutation and honour among themselves.

Age is mentioned here again only for the purpose of indicating its position as compared with others.

In the case of all that is mentioned here it is the connection of the person with them that entitles him to respect. That is, the possession of wealth and the possession of relations constitute titles of respect. It is not meant that the peculiar relationship borne by the man — such as that of being a paternal or a maternal uncle — constitutes the title of respect; what is meant is that one who has many relations deserves to be respected.

‘Age’ — i.e., advanced age. The term is generally used in this qualified sense ; e. g., in such passages as — ‘Even though the son be of age, he should be advised by his father.’ Verse 134 has already explained what age entitles one to respect

‘Action’ — such as is laid down in Śrutis and Smṛtis; i. e., one’s assiduity in performing such actions.

‘Learning,’ — the knowledge of the Veda along with the subsidiary sciences and their auxiliaries.

Objection. — “In view of such declarations as ‘the learned man offers sacrifices,’ ‘the learned man officiates at sacrifices,’ the unlearned person can never be entitled to the performance of religious acts; under the circumstances, how can mere ‘action,’ without ‘learning,’ be a ground for respect?”

Answer. — There is no force in this objection. Excellence is what is meant here. Superior or efficient learning is what constitutes a title to respect; and as for the performance of actions, this can be done also by men possessed of limited learning; for a man is entitled to perform actions in accordance with the knowledge possessed by him: specially as ‘learning’ entitles a person to the performance of actions simply because it serves to capacitate him for it, and not because it has been declared to be a necessary condition.

“But the man devoid of learning cannot know the form of the action to be performed, and being capable of acting only like lower animals, to the performance of what could he be entitled?”

Even such a person can, on having heard a few Smṛti-texts, perform austerities and repeat mantras. It is only in the performance of the Agnihotra and such other Vedic rites that one requires the knowledge of Vedic texts. But here also the title to perform the rites is dependent upon the extent of knowledge possessed by the man; e.g., one who knows the meaning of tho texts bearing upon the Agnihotra is entitled to its performance; the knowledge of other sacrifices is of no use in that.

The following argument might be urged here — “We have the injunction ‘the entire Veda should be studied,’ which pertains to the whole Veda, and implies the thorough understanding of the whole; and when it is necessary to understand the meaning of the entire Veda, how can there be any such partial knowledge as could justify such an assertion as that ‘he who knows the meaning of the texts bearing on the Agnihotra shall be entitled to the performance of that act, even though he be ignorant of the meaning of other texts?’”

Our answer to the above is as follows: — It is the study of one Vedic Recension that is necessary; and what we mean is that he who has studied one Recension and has fully understood its meaning, becomes entitled to the performance of Vedic acts, even without studying the other Recensions.

“The purpose of the Scripture is the same in all cases; even though there may be some difference in the order of a few words and syllables, yet the main feature of the Scripture remains the same. Then again, as for the understanding of the meaning, this is obtained by the due comprehension of the meanings of words and reasonings; now, neither the meanings of words, nor the reasonings, differ in the different Recensions. So that the means by which one learns the meaning of one Recension serves the same purpose in regard to the other Recensions also; and one does not stand in need of any other learning; so that if One Recension has been learnt, all become learnt.”

True. Such Agnihotra, etc., as are enjoined in one Recension may not differ from the same acts as enjoined in other Recensions; but there are certain actions which are not enjoined at all in certain Recensions. E.g., the Śyena and other malevolent rites in connection with the Darśa-pūrṇamāsa are not found in the Aśvalāyana Recension of the Ṛgveda; nor the Somayāga, the Vājapeva, the Bṛhaspatisava and so forth. So that when a man has learnt one Recension, he becomes entitled to that Agnihotra and that Jyotiṣṭoma, etc., which are enjoined iu that Recension; and if one who has not studied another Recension, and has neither read nor heard of it, how can he know anything about the acts enjoined in that other Recension? Nor ore the Soma-sacrifices compulsory; so that, through fear of incurring the sin of omitting a compulsory act, one might be forced to seek for the knowledge of them from other Recensions. As for the ‘Kindling of Fire,’ even though this also is not found enjoined in the said Āśvalāyana recension of the Ṛgveda, yet it does contain the injunction of preparing the ‘Āhavanīya’ fire; as is clear from such passages as ‘bring up the Āhavanīya’; so that, not understanding the meaning of this passage with the help of ordinary people, the student naturally seeks, from other Recensions, for the knowledge of what this ‘Āhavanīya’ is; and thus he comes to look over the entire section of the other Recension dealing with the ‘Kindling of Fire.’ Similarly having heard the passage — ‘Having offered either the Amāvāsyā or the Paurṇamāsa libations, etc.,’ one seeks from other Recensions for the knowledge of the exact form of the two acts (of Amāvāsyā and Paurṇamāsa offerings). Similarly in the case of other compulsory and optional acts that have to be performed, when it is found that some of their details arc not laid down in a certain Recension, — -such details, for instance, as pertain to the Adhvaryu (and are mentioned in the Yajurveda) or to the Udgātṛ (and are mentioned in the Sāma-Veda), — the requisite knowledge is sought for from those other texts. It is not possible for one to know the act that is laid down in Recensions other than the one studied by him. To the student who learns several Recensions, and studies their meanings, all this becomes quite clear. But even in the absence of such knowledge as this last, the performance of acts is quite possible. Or, such performance could be possible even on a slight understanding (of the Vedic texts).

The sense of all this is that in the case of one whose learning is flawless, and who is fit to explain all sciences, such learning constitutes a title to respect.

‘Weightier.’ — The comparative ending indicates that the comparison is between two and two out of the five mentioned. Thus one who is fully versed in all the fourteeu sciences, is respected through his ‘learning,’ even though he he not entitled to it on account of being lame, blind or poor.

The text points out the relative superiority of these, with a view to cases where there may i.e a conflict among them. —

‘Among these that which follow is weightier than that which precedes it.’ For instance, when one man has vast wealth, and the other has many relations, then the latter deserves higher respect than the former; for that which follows is ‘weightier’ than that which precedes it. Similarly Age is weightier than Relation. And from this it follows that Age is weightier still than Wealth. From all this it is clear that ‘Learning is superior to all, for all Dharma is based upon it,’ as has been declared by Gautama (6-21 — 22).

Objection. — “Since the preceding factor is not weighty, how can we have the comparative form ‘weightier’? It is only when there are two weighty things that one can be called weightier; and since in the present case is, ex hypothesi, in relation to something preceding there can be no weightiness in ‘wealth,’ which is not preceded by any thing else.”

What is meant is that the whole lot of five being ‘weighty’ in common, the comparative ending is rightly used as showing that one is weightier than the other.

‘Māna’ means respect; ‘sthāna’ means ground, cause.

If we adopt the reading ‘Mānyasthānāni,’ the term ‘mānya’ is to be explained as having the force of the abstract noun; ‘mānya’ standing for ‘mānyatva.’ — (136)

It has just been declared that among persons each of whom possesses only one of the qualifications mentioned, one possessing the latter is to be regarded as superior to one possessing the former. Now the question arises — between two persons, one of whom possesses two former qualifications and the other possesses only one latter qualification, who is to be treated as superior? The following verse answers this question.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 474), where we find the following notes: — ‘Vittam’ stands for wealth acquired by lawful means; — ‘bandhuḥ’ for uncles and others; — ‘vayaḥ’ for older age; — ‘karma’ for acts prescribed in the Śruti and Smṛti; — ‘vidyā’ for true knowledge; — these are ‘mānyasthānāni,’ i.e. grounds of respectability. (See note below on 137).

Aparārka (p. 159) quotes this verse in support of the view that a man, though belonging to an inferior caste, deserves to be respected by another of the superior caste, if the former happens to be possessed of superior learning and other qualifications. — It is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 44b); — and in Smṛticandrikā (Saṃskāra, p. 106), which explains ‘mānyasthānāni’ as ‘grounds of respect, and adds that ‘learning’ is the highest of these all.

 

Comparative notes by various authors:

Viṣṇu Smṛti (32.16) — (words of Manu reproduced).

Gautama-Dharmasūtra (6.20). — ‘Wealth, Relationship, Caste, Learning and Age are objects of respect: the succeeding being superior to the preceding; Vedic Learning is superior to all, Dharma being based upon that.’

Vaśiṣṭha-Smṛti (1.3.21). — ‘Learning, Wealth, Age, Relationship and Deeds are objects of respect; when all these are present, the preceding has preference over the succeeding,’

Yājñavalkya (1.116). — ‘By reason of Learning, Action, Age, Relationship, etc., and Wealth, in order, does a man become respected.’

 

 

VERSE 2.137

Section XXIV - Degrees of Respect

 

पञ्चानां त्रिषु वर्णेषु भूयांसि गुणवन्ति च ।
यत्र स्युः सोऽत्र मानार्हः शूद्रोऽपि दशमीं गतः ॥१३७॥

pañcānāṃ triṣu varṇeṣu bhūyāṃsi guṇavanti ca |
yatra syuḥ so'tra mānārhaḥ śūdro'pi daśamīṃ gataḥ ||137||

 

Among the three (higher) castes, he, in whom there are present most op these five, and of high degree, deserves (greater) respect; as also the Śūdra who has reached the tenth stage (of life). — (137)

 

Medhātithi’s commentary (manubhāṣya):

‘Of these five’ grounds of respect; — he in whom there are ‘a larger number’ — not all — ‘deserves respect.’ And here the mere sequence (or posteriority) of the qualifications should not be much heeded. For instance, when one man possesses wealth and relations, and the other possesses only old age, — the former gets preference over the latter.

But even when there are several qualities present, if they are not of high degree, — while the single quality possessed by the other person is of very high degree, — then both are equal; and the larger number do not get over the latter (superior) qualification.

When the former verse uses the term ‘weightier,’ it only means superiority in comparison to one (not several) of the preceding ones.

When however in one person there are a larger number of preceding qualities and also of high degree, — of great excellence, — while in the other person there are present the same number of succeeding qualities, — so that the number of preceding and succeeding qualifications (possessed by the two men) are equal, — then, there is no getting over the one by the other, simply on the ground of precedence (in enumeration); in this case both are to he regarded as equal.

“Since what the text declares is that he is deserving of respect in whom the qualities are of high degree, — it would he right to conclude that in the case just mentioned where the two persons possess an equal number of qualities (hut the preceding ones are of higher degree), the presence of the preceding set should get over the other.”

Not so; the epithet ‘of high degree’ is meant to apply to the case where the two sets of qualities are equal; e.g., where the one as well as the other is possessed of learning, superiority belongs to one whose learning is of the superior order. Similarly with the other qualities.

‘Among the three Castes,’ — i.e., among Brāhmaṇas, Kṣatriyas and Vaiśyas. If the said qualities, many in number and of high degree, belong to the Kṣatriya, then such a Kṣatriya deserves to be respected by the Brāhmaṇa possessed of inferior qualities, even though he belongs to the higher caste. The Vaiśya, similarly, is to be respected by the Kṣatriya.

Similarly by all the twice-born castes the Śūdra should be respected, ‘when he has reached the tenth stage.’ The ‘tenth’ stands for the last stage of life, and indicates extreme old age. Thus then, in case of the Śūdra, ‘wealth’ and ‘relations’ do not constitute grounds of respect, in relation to tho three higher castes. This is clear from the fact, that the Text specifies the ‘tenth stage.’ ‘Action’ and ‘Learning’ are not possible in the Śūdra; for the simple reason that he is not entitled to these.

‘Most’; — all that is meant by this is excess, not plurality of number (which would mean at least three); hence what is asserted applies to tho presence of qualities also. There is nothing to justify the notion that the term ‘bahu’ (from which ‘bhūyāmsi is derived’) denotes number. Further, the term actually used is ‘bhūyaḥ,’ not ‘bāhu’; and the former is often found to be used in the sense of excess, much: e.g., ‘bhūyāṅśchātra parihāro,’ ‘there is much that can be said in answer to this,’ ‘bhūyābhyudayena yokṣye,' ‘I shall become endowed with much prosperity.’ Nor is any significance meant to be attached to the plural number in ‘bhūyāmsi’; the plural number in this case denoting only kind, according to Pāṇini 3.2.58, which lays down that ‘when a kind or genus is spoken of, the plural number is optionally used.’ If significance were really meant to be attached to the plural number, then a person possessed of only one quality (of however high degree) would never be entitled to respect; and this would run counter to what we h ave learnt from the foregoing verse. Furthor, by speaking of — ‘the Śūdra who has reached the tenth stage’ — where mere age (only one quality) is mentioned as a ground of respect, — the Text has made it clear that no significance is meant to be attached to the plural number (in ‘bhūyāmsi’). Usage also points to the same conclusion. — (1.37)

 

Explanatory notes by Ganganath Jha:

This verse is quoted along with verse 136 in Vīramitrodaya (Saṃskāra, p. 474), which adds the following explanation: — Among the three castes, Brāhmaṇa, Kṣatriya and Vaiśya, the person who possesses a greater amount of the preceding qualification (among the five mentioned in 136) is to be honoured more than one possessed of the succeeding one only. Thus a person possessed of greater wealth and superior relations is higher than one only older in age; one possessed of a higher degree of wealth, relations and age is higher than one superior in action only; — one possessed in a higher degree of wealth, relation, age and action is superior to one possessing learning only; — ‘guṇavanti’ means superior; which means that between two persons possessing wealth, he is higher whose wealth is superior; and the ‘superiority’of wealth would consist in its having been acquired by lawful means and such other circumstaṇces. In the case of ‘relations,’ this superiority would consist in being more intimate and so forth; — in the case of ‘age’ it would consist in being very much older; — in that of ‘action,’ in its being equipped with all auxiliary details; — in that of ‘learning,’ in its being acquired in the prescribed manner. — ‘Tenth stage’ stands for the age over ninety years; the hundred years of man’s life being divided into ten equal spans, the tenth one coming after the ninetieth year; — -when he has reached this age, the Śūdra also becomes entitled to honour at the hands of the twice-born.

The last foot of the verse regarding the ‘tenth stage’ is quoted on p. 453 also, as declaring the respectability of the Śūdra.

This verse is quoted in Aparārka (p. 159), where ‘daśamī’ is explained as ‘the last ten years of the hundred years’; — ‘bhūyāṃsi’ as to number and ‘guṇavanti’ as to degree; — hence without considering the caste, one possessed of superior learning is to he respected by another possessed of less; or one who knows more subjects is to be respected by another knowing a lesser number; similarly in regard to ‘karma’ and other qualifications also; — in Saṃskāramayūkha (p. 48), which explains ‘daśamīm gataḥ’ as ‘over ninety years of age,’ and ‘pañchānām’ as ‘among learning and the rest’; — and in Smṛticandrikā (Saṃskāra, p. 106), which explains ‘daśamī’ as ‘the last part of hundred years, i. e. beyond ninety years,’ and adds that ‘old age’ is meant to be indicative of the presence of wealth and the rest also.

 

Comparative notes by various authors:

Gautama-Dharmasūtra (10.6). — ‘The Śūdra also if he has children and is over 80 years in age.’

Yājñavalkya (1.116). — ‘When the said qualities (of Learning, etc.) are present in a very large degree, the Śūdra also deserves respect, when he has reached old age.’

 

 

VERSE 2.138

Section XXIV - Degrees of Respect

 

चक्रिणो दशमीस्थस्य रोगिणो भारिणः स्त्रियाः ।
स्नातकस्य च राज्ञश्च पन्था देयो वरस्य च ॥१३८॥

cakriṇo daśamīsthasya rogiṇo bhāriṇaḥ striyāḥ |
snātakasya ca rājñaśca panthā deyo varasya ca ||138||

 

Way should be made for one in a chariot, for one who is in the tenth stage of life, for one suffering from disease, for one carrying a burden, for a woman, for the person who has just passed out of studentship, for the king and for the bridegroom. — (138)

 

 

Medhātithi’s commentary (manubhāṣya):

Another method of showing respect is also described by the way.

‘Chakrin’ is the person in a chariot, one who is occupying a cart or some such conveyance. For him ‘way should be made.’ ‘Way’ is that path, that part of the Earth, by which one goes to a village and such other places; while one is on such a ‘way,’ if a man in a chariot should happen to come either in front of him or behind him, then the man on foot should move off from the spot where he might be obstructing the passing of the cart.

‘One who is in the tenth stage of life’ — one who is far advanced in age.

‘One suffering from a disease’ — one who is suffering very badly from some malady.

‘One who is carrying a burden’ — one who is carrying grains and other heavy things; such a man also finds it difficult to move, and hence must bo favoured.

‘A woman,’ — i.e., simply by reason of her being a woman, irrespective of her caste or qualifications, or of the position of her husband.

‘King’ — stands here for the master of a kingdom, not for the mere Kṣatriya. For in the conclusion (which comes in the next verse) we have the term ‘Pārthiva’ which means the ‘lord of the Earth,’ ‘pṛthivyāḥ īśvaraḥ.’

Objection. — “In as much as in the opening verse (the present) we have the term ‘rājan,’ it would be more reasonable to interpret the term ‘parthiva’ (in the next verse) in accordance with, and as standing for, the ‘Rājā’ (than that ‘Rājā’ should be taken as standing for the ‘pārthiva’), and the word ‘Rājan’ is well-known as denoting the Kṣatriya caste; and as this forms the principal denotation of the term, it should be accepted in the opening of the passage, specially as there does not appear to be any incongruity in it. In the next verse, where the relative merits are mentioned, it is quite possible to take the term ‘parthiva’ as referring to the Kṣatriya; in view of the fact that the ‘protecting of the Earth,’ which is connoted by the term ‘pārtiva.’ is a duty prescribed specifically for the Kṣatriya. So that it cannot be right, to take the term as referring to other castes, merely on the strength of their being ‘in possession of land’ (‘pṛthīvyāḥ īśvaraḥ’).”

To the above we make the following reply: — What is asserted here (in the next verse) is capability being respected; — when, e.g., the person who has just passed out of hi s studentship is described as deserving to be honoured by a king. Under verse 35, it has been pointed out that the term ‘bhūmipa’ stands for the Kṣatriya caste; and since the Kingly caste is merely indicative, what is mentioned here is understood to pertain to such a Kṣatriya as happens to be the ‘lord of men.’

The ‘bridegroom’ — who is going to marry. For these persons ‘way should be made;’ — what is meant by ‘deyaḥ,’ ‘should be made,’ is simply that one should give up the road; and as ‘giving up’ only means moving off (and not actual giving), the Dative ending has not been used. — (138)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 76); — in Saṃskāramayūkha (p. 48), which explains ‘varaḥ’ as ‘one who is going to marry’; — and in Smṛticandrikā (Saṃskāra, p. 107), which has the following notes — ‘chakrin,’ one who is driving in a cart, — ‘snātaka,’ the student who has completed his course of studentship, — ‘varaḥ,’ one who is going to marry; — when one meets any of these, he should make way for him, i.e., move away from his path, — among those mentioned here, the Accomplished Student and the King deserve to be respected by the ‘others’, as stated in the next verse.

 

Comparative notes by various authors:

(verses 138-139)

Vaśiṣṭha-Smṛti (13.25, 26). — ‘Among the following — an aged person, a child, a sick person, a man carrying a load, a woman, a man driving in a chariot, — the succeeding should make way for the preceding; when the King and the Accomplished Student meet, the king should make way for the student; all should make way for a bride who is being married.’

Gautama-Dharmasūtra, 6. 25, 26. — ‘One on a chariot, a man in the tenth stage of life, one who deserves kindness (i.e., the sick), a bride, an Accomplished Student, and the King, — for these way should he made; the King should make way for the Vedic scholar.’

Baudhāyana-Dharmasūtra, 2. 3. 50 (also Devala quoted in Vīramitrodaya-Saṃskāra, p. 476). — ‘Way should he made for the Brāhmaṇa, the cow, the king, the blind person, the aged, the man suffering under a load, a pregnant woman and a weak person.’

Āpastamba-Dharmasūtra, 2. 2. 57. — ‘Way should be made for the King until he meets the Brāhmaṇa; but when he meets the Brāhmaṇa, way should be made for the latter. All men should make way for a conveyance, for one carrying a load, one struck with disease, and a woman; to one of superior caste; and also to the Renunciate, and the intoxicated and the lunatic, — these latter for the sake of one’s own safety.’

Mārkaṇḍeya Purāṇa (Vīramitrodaya-Saṃskāra, 6.475). — ‘Way should be made for the dumb, the blind, the deaf, the intoxicated, the lunatic, the loose woman, one’s enemy, a child and the outcast.’

Śaṅkha-Likhita (Vīramitrodaya-Saṃskāra, p. 476). — ‘Way should be made for the child, the aged, the intoxicated, the lunatic, one struck with a foul disease, one carrying a load, a woman who is pregnant, the Accomplished Student, the Renunciate, and also persons excelling in learning, arts and other qualities.’

Yājñavalkya (Vīramitrodaya-Saṃskāra, p. 476). — ‘Way should be made for the aged, the man with a load, the King, the Accomplished Student, a woman, the sick, the bridegroom, the man on a chariot; among these the King deserves special honour; but the Accomplished Student deserves honour even from the King.’

 

 

VERSE 2.139

Section XXIV - Degrees of Respect

 

तेषां तु समवेतानां मान्यौ स्नातकपार्थिवौ ।
राजस्नातकयोश्चैव स्नातको नृपमानभाक् ॥१३९॥

teṣāṃ tu samavetānāṃ mānyau snātakapārthivau |
rājasnātakayoścaiva snātako nṛpamānabhāk ||139||

 

Among these, when they come together, the man who has just passed his studentship and the King deserve to be honoured; and between the person just passed his studentship and the King, the person just passed his studentship receives the respects op the King. — (139)

 

Medhātithi’s commentary (manubhāṣya):

‘Among these, when they come together,’ — when they happen to meet, — ‘the person just passed his studentship and the King deserve to he honoured’ — by the ‘making of way,’ which is the particular form of ‘honouring’ mentioned in the present context.

‘Receives the respects of the King’ — i.e., obtains honour from the King.

The genitive case-ending has the sense of selection (according to Pāṇini 2.3.41)

Among the rest — the person riding a chariot and others — there is option, dependent upon their respective capacity. — (139)

 

Explanatory notes by Ganganath Jha:

This verse also is simply quoted in Vīramitrodaya (Saṃskāra, p. 477); — and in Smṛticandrikā (Saṃskāra, p. 107) to the effect that among the persons mentioned in the preceding verse the accomplished student and the king deserve to be respected by the others’, and between these two the former is to be respected by the latter.

 

Comparative notes by various authors:

(verses 138-139)

See Comparative notes for Verse 2.138.

 

 

VERSE 2.140 [Meaning of the Title ‘Ācārya’]

Section XXV - Meaning of the Title ‘Ācārya’

 

उपनीय तु यः शिष्यं वेदमध्यापयेद् द्विजः ।
सकल्पं सरहस्यं च तमाचार्यं प्रचक्षते ॥१४०॥

upanīya tu yaḥ śiṣyaṃ vedamadhyāpayed dvijaḥ |
sakalpaṃ sarahasyaṃ ca tamācāryaṃ pracakṣate ||140||

 

The Brāhmana who, having initiated a pupil, teaches him the Veda along with the Ritualistic and esoteric treatises, — him they call, ‘Ācārya,’ ‘Preceptor’ — (140)

 

Medhātithi’s commentary (manubhāṣya):

The present section is taken up for determining the exact signification of ‘Ācārya’ (Preceptor) and other terms. As a matter of fact, people make use of these names on the basis of certain qualifications; and this particular matter has not been dealt with by Pāṇini and other writers on the subject of the meanings of words. What the present text says regarding the meaning of the titles is based, like the Smṛti of Pāṇini and others, upon usage, not upon the Veda; as it does not prescribe anything to be done; that such and such a word means such and such a thing is a well-established fact, not something to be accomplished.

‘Having initiated,’ — i.e., having performed the Initiatory Rite, — ‘he who teaches’ — makes him get up — ‘the Veda’ — is the ‘preceptor.’ The ‘getting up’ of the Veda here meant consists in the remembering of the exact words of the text, independently of other learners.

‘Kalpa,’ ‘Ritualistic Treatise,’ — stands here for all the Subsidiary Sciences. — ‘Esoteric Treatises’ are the Upaniṣads. Though these latter also are inoluded under the name ‘Veda,’ yet the text has mentioned them separately by the name ‘Esoteric Treatises,’ with a view to remove the misconception that these are not Veda, — a misconception that might arise from the fact that they have a second name ‘Vedānta,’ where the term ‘anta’ denotes ‘proximity’ (only, not identity).

Others have explained the term ‘rahasya,’ ‘Esoteric Treatises,’ to mean ‘the meaning of the Vedic texts’; and by this explanation, the teaching of the verbal text only would not make one a ‘Teacher,’ it would be necessary ‘for him to explain the meaning also.’ To this effect we have the following declaration in the Abhidhāna-Kośa; — ‘He who expounds the meanings of mantras is called the Preceptor”; — here the term ‘mantra’ stands for all Vedic passages.

In accordance with this explanation, the learning of the meaning also, and not the mere getting up of the Text, would be prompted by the injunction of ‘becoming a Preceptor so that for every man the injunction of Vedic study would come to be carried out by other persons.

“That may be so; but even when the Injunction of Vedic study is carried out by other persons, the purpose of the student becomes accomplished all the same.”

In that case then, since ‘becoming a Preceptor’ is a purely voluntary act, if the Teacher does not have recourse to the necessary activity, then the carying out of the injunction of Vedic study would remain unaccomplished; so that this injunction of Vedic study would no longer be compulsory.

Then again, as a matter of fact, the term ‘rahasya,’ ‘esoteric treatise,’ is not ordinarily known as denoting the ‘explanation of the meaning of Vedic texts.’

From all this it is clear that the purpose of adding the term ‘rahasya’ is as explained before.

Or, the separate mention of the ‘Upaniṣads,’ may be explained as indicating the importance of that part of the Veda.

As regards the declaration quoted above — ‘he is called Preceptor who explains the meaning of mantras,’ — this is not a Smṛti (and hence not authoritative). Nor is there any ground for taking the term ‘mantra’ as standing for Vedic texts in general.

For all these reasons it is dear that the purpose of the present Injunction lies in the reading of the mere Text. So that when the boy has accomplished the getting up of the words of the Veda, this also means that he has carried out the injunction of ‘becoming a Teacher.’ — (140)

 

Explanatory notes by Ganganath Jha:

‘Rahasyam’ — ‘The Upaniṣads, along with their explanations — (Medhātithi, Govindarāja, Kullūka, Nandana, and Rāghavānanda); — ‘the esoteric explanations of the Vedas and the subsidiary sciences, — not the Upaniṣads, these being included in the term ‘Veda’ (Nārāyaṇa).

This verse has supplied Prabhākara with his text on which to base the entire enquiry into the nature of Dharma. Kumārila has taken as his basic text the Vedic text ‘svādhyāyo’dhyetavyaḥ’ ( ), and has proceeded to explain that the ‘Svādhyāya,’ ‘Vedic Study,’ herein enjoined cannot be the mere reading up of the verbal text of the Veda, but also a due understanding of its meaning; and as this meaning could not be comprehended without careful investigation, it becomes necessary to undertake the investigation initiated by the Mīmāṃsā Śāstra,

The sentence ‘svādhyāyo’dhyetavyaḥ’ contains in reality the injunction of that Vedic recitation which is done daily, and not of the initial study and scrutiny of the sense etc. Hence Mādhava (in Parāśaramādhava, Ācāra, p. 1'40) has suggested that the basic text for Kumārila should have been that Vedic text which we assume on the basis of the Smṛti-rules relating to Upanayana.

Prabhākara does not accept Kumārila’s view. He argues that, according to the view of Kumārila, any and every man — twice-born or otherwise — would be entitled to Vedic study, only if he fulfils the condition of desiring to know Dharma. Prabhākara bases his enquiry into Dharma and Vedic study on the rule ‘aṣṭavarṣam brāhmaṇam upanayīta’, where the Ātmanepada standing in ‘upanayīta’ clearly implies that the Upanayana, Initiation of the Pupil, is meant to serve some purpose for the Initiator himself; this purpose is no other than the acquiring of the title of ‘Ācārya — how this title can be acquired is explained in the present text of Manu, according to which that man alone is to be called Ācārya. who (a) initiates the pupil, and (b) teaches him the Veda along with the Ritualistic and Esoteric Treatises. The motive-desire thus, for all this study and investigation is on the part of the teacher, and not on that of the pupil; it is the Teacher who desires to acquire for himself the title of Ācārya and as this cannot be done without teaching, the pupil comes in only as the person to be taught; and as the latter cannot be a pupil until he studies, this studying by the pupil is implied by the above texts. This explanation avoids the difficulty of a non-dvija undertaking. Vedic study; the prospective Teacher being a learned man, conversant with the law, would never admit a non - dvija pupil. Though the injunction of Vedic study is thus implied in the above-quoted texts, yet they do not supply the motive for the pupil; the Teacher’s desire for obtaining a title and honor cannot serve as a motive for the pupil; hence, it is explained, the motive purpose of the pupil lies in his desire to learn the meaning of the Veda; this is what leads him to proceed with the investigation into Dharma.

This view of Prabhākara has been combated, in its turn, by Mādhava (Parāśaramādhava-Ācāra, pp. 138-139), who argues that Teaching having been laid down as means of livelihood, it is clearly a Kāmya-karma — an act prompted by physical motives — and hence anitya, non-obligatory; as such it cannot be accepted as the sole prompter of the act of Vedic Study, which is nitya, obligatory; the latter must have an independent injunction for itself.

It is in connection with the above discussion in course of its presentation of Prabhākara’s view, that the present verse has been quoted in Parāśaramādhava (Ācāra, p. 137); and again on p. 304, where it is put forward as setting forth the definition of the ‘Ācārya’ as distinguished from the ‘Upādhyāya.’

The verse is quoted also in Vīramitrodaya (Saṃskāra, p. 477), as defining the ‘Ācārya’ — where ‘Kalpa’ is explained as a particular treatise which lays down, on the basis of clearly perceptible Vedic texts, the practical details of ritual; and as including the other subsidiary sciences also; — and ‘rahasya’ as Upaniṣads, — these being mentioned separately (from the Veda) by reason of their importance; — and in Saṃskāramayūkha (p. 45) which explains ‘rahasyam’ as standing for the Upaniṣads.

It is quoted in Madanapārijāta (p. 30); — in Aparārka (p. 65), which adds that the term ‘Kalpa’ includes Grammar and the other subsidiary sciences, as also Mīmāṃsā and Nyāya, — the etymological meaning of the term being ‘that which determines (kalpayati) the meaning of the Veda; — and in Smṛticandrikā (Saṃskāra, p. 90) to the effect that the Ācārya is to teach not only the Veda, but the Upaniṣads, and the Ritualistic Manuals &c., also.

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 1.10-11. — ‘The Upanayana is the second birth.... He from whom this is received is the Ācārya.’

Āpastamba-Dharmasūtra, 1.2.24-27. — ‘He from whom one gathers (learns, ācinoti) his duties is the Ācārya; he brings about the essence of knowledge; this constitutes the highest birth.’

Vaśiṣṭha-smṛti, 3. 24. — ‘He who having initiated him, teaches him the entire Veda is the Ācārya.’

Viṣṇu-smṛti, 29.1. — ‘He who having initiated the pupil and taught him the observances, teaches him the Veda, should be known as the Ācārya.’

Yājñavalkya-smṛti, 1.34. — ‘He who, after initiating, teaches the Veda is called the Ācārya.’

Tama (Vīramitrodaya-Saṃskāra, p. 478). — ‘He is called Ācārya who is truthful in speech, steady, expert, kind to all beings, orthodox, devoted to the Veda and pure.’

 

 

VERSE 2.141

Section XXV - Meaning of the Title ‘Ācārya’

 

एकदेशं तु वेदस्य वेदाङ्गान्यपि वा पुनः ।
योऽध्यापयति वृत्त्यर्थमुपाध्यायः स उच्यते ॥१४१॥

ekadeśaṃ tu vedasya vedāṅgānyapi vā punaḥ |
yo'dhyāpayati vṛttyarthamupādhyāyaḥ sa ucyate ||141||

 

He is called “Upādhyāya,” “Sub-teacher,” who teaches, for a living, only a part of the Veda, or only the Vedic subsidiary sciences. — (141)

 

Medhātithi’s commentary (manubhāṣya):

‘A part of the Veda.’ — The Mantra only or the Brāhmaṇa portion only; — Or, without the Veda itself, only the Vedic subsidiary sciences; — he who teaches this, — and also even the whole Veda, (but) — ‘for a living,’ — i.e., not prompted purely by the injunction of ‘becoming a preceptor,’ — he is an Upādhyāya, a ‘Sub-teacher,’ not an Ācārya, ‘Preceptor.’

He who may teach even the entire Veda to a pupil initiated by another person, is not a ‘Preceptor’; nor is he a ‘Preceptor’ who, having initiated a pupil, does not teach him the entire Veda.

“If the teaching of a portion of the Veda is made the distinguishing feature of the ‘Sub-Teacher,’ and the Initiating is the characteristic of the ‘Preceptor,’ — then what would be the character of that person who does not do the initiating, but teaches the whole Veda? He would be neither a ‘Preceptor’ (since he has not done the initiating), nor a ‘Sub-teacher’ (as he has not taught only a portion of the Veda). Nor has any other name been heard of for such a teacher.”

Our answer is as follows: — According to what is going to be said in 149 such a person would be the ‘Teacher,’ ‘Guru,’ Who is inferior to the ‘Preceptor,’ but superior to the ‘Subteacher.’

The terms ‘api’ ‘punaḥ’ in the Text only serve to fill in the metre. — (141)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra p. 304), as defining the Upādhyāya, the Sub-teacher, in view of the declaration that the ‘Ācārya’ is equal to ten ‘Upādhyāyas’; — also in Vīramitrodaya (Saṃskāra, p. 477), which adds the following notes — ‘Ekadeśam’ — i.e. either the Brāhmaṇa portion alone, or the Mantra-portion alone; — ‘Vṛttyartham’ — for his own livelihood.

Madanapārijāta (p. 30) having quoted the verse adds — Ekadeśam — of the Veda, i.e. either the Saṃhitā, or the Brāhmaṇa or subsidiary sciences; — he who teaches any one of those either without payment, — or with payment (without previously stipulating for it), — is an ‘Upādhyāya.’

It is quoted in Aparārka (p. 65), as providing the definition of Upādhyāya; — in Saṃskāramayūkha (p. 45); — and in Smṛticandrikā (Saṃskāra, p. 91), which explains ‘vṛtti’ as living.

 

Comparative notes by various authors:

Vaśiṣṭha-smṛti, 3-27. — ‘He who teaches a portion of the Veda, as also the subsidiary sciences, is the Upādhyāya.’

Yājñavalkya, 1-35. — ‘The Upādhyāya is one who teaches a portion of the Veda.’

Viṣṇu-smṛti, 29.2. — ‘He who teaches for payment received o r who teaches a portion of the Veda, is the Upādhyāya.’

 

 

VERSE 2.142

Section XXV - Meaning of the Title ‘Ācārya’

 

निषेकादीनि कर्माणि यः करोति यथाविधि ।
सम्भावयति चान्नेन स विप्रो गुरुरुच्यते ॥१४२॥

niṣekādīni karmāṇi yaḥ karoti yathāvidhi |
sambhāvayati cānnena sa vipro gururucyate ||142||

 

That Brāhmaṇa, who performs, in the prescribed manner, one’s sacramental rites beginning with the rites of impregnation, and supports him with food, is called the “Guru,” “Mentor.” — (142)

 

Medhātithi’s commentary (manubhāṣya):

The mention of the ‘Rites of Impregnation’ indicates that the present verse lays down the fact of the Father being a ‘Mentor.’

‘Niṣeka’ ‘Impregnation,’ is the ‘Sprinkling of the semen’: — those acts of which the ‘Impregnation’ is the first or beginning; the term ‘beginning’ shows that all the Sacramental Rites are meant.

He who performs these rites and also ‘supports’ — fosters — ‘with food.’

‘Chaivainam’ is another reading (for ‘cānnena’). The meaning remains the same; as ‘supporting’ can be done only by means of food. The only additional sense obtained from this other reading is the reference, by means of the pronoun ‘enam,’ to the boy.

“As a matter of fact, ‘enam is only a relative pronoun; and the ‘Boy’ does not appear anywhere here as its antecedent.”

There is no force in this; for whom else (if not for the boy) are the Kites of Impregnation and the rest performed? And ‘reference’ is often only implied, not always expressly stated.

He who does not fulfil these two conditions, but gives one birth, is only a ‘progenitor,’ not a ‘mentor.’ Nor should the notion be entertained that, not being a ‘mentor,’ he should not be respected; as a matter of fact, he is the very first to deserve respect; as says the revered Vyāsa — ‘The Father is the master, the source of the body, the benefactor, the life-giver, the mentor, the advisor, of all that is good, the visible God.’

The mention of the ‘Brāhmaṇa’ is only illustrative. — (142)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 302) as defining the ‘guru’, the clasping of whose feet has been prescribed; — also in the Prāyaścitta-kāṇḍa of the same work (p. 259), in support of the view that the term ‘guru’ denotes primarily the father only; — in Vīramitrodaya (Saṃskāra, p. 477), which adds the following Explanatory notes: — ‘Niṣeka’ — the rites of conception; and the sacramental rites referred to are those beginning with these and ending with the ‘imparting of the Veda’; — ‘sambhāvayati’ means nourishes. The performance of the rites of conception alone is sufficient to entitle the man to the title of ‘guru’; the other qualifications have been added only with a view to indicate that the person referred to here deserves higher honor than the Ācārya; — such is the view of Śūlapāṇi.

Madanapārijāta (p. 31) on the other hand, states that the term ‘vipraḥ’ stands here for the Father; from which it follows that a father who does not fulfil the conditions stated is not a ‘guru’ at all.

The verse is also quoted in Mitākṣarā (on 3.- 259, p. 1297) in support of the view that the term ‘guru' primarly denotes the Father, the title ‘guru ' belonging to the person who performs the conception and other rites, i.e., the progenitor himself; — in Nṛsiṃhaprasāda (Prāyaścitta, p. 11 b); — in Smṛticandrikā (Saṃskāra, p. 88), which explains ‘niṣeka’ as garbhādhāna, and adds that ‘annasambhāvana’ includes the ‘teaching of Veda’ also; — in Saṃskāramayūkha (p. 44), to the effect that the Father alone is the ‘guru’; — in Smṛtisāroddhāra (p. 356) to the same effect; — and in Prāyaścittaviveka (p. 128) to the same effect; but it combats the view that the Father only is entitled to be called ‘guru’.

 

Comparative notes by various authors:

See also Manu, 149.

Yājñavalkya, 1.34. — ‘He is the Guru who, having performed all the rites, imparts the Veda to the pupil.’

Yama (Vīramitrodaya-Saṃskāra, p. 478). — ‘He is a Guru who is fully equipped with knowledge of the Veda, has excellent character, with senses under control.’

Hārīta (Parāśaramādhava, p. 303),

Devala (Aparārka, p. 65),

‘The sub-teacher, the father, the elder brother, the king, the maternal uncle, the father-in-law, the protector, the maternal and paternal grand-fathers, the uncle, one of the superior caste, — these are gurus among males. The mother, the maternal and paternal grandmothers, the teacher’s wife, the uterine sisters of the father and of the mother, the mother-in-law, and the elderly nurse, — these are gurus among females,’

Vyāsa (Aparārka, p. 65). — ‘Maternal grandfather, maternal uncle, paternal uncle, father-in-law are gurus; the elder brother, the Accomplished Student and the Ṛtvik are to be inspected like the guru. The mother’s sister, the maternal aunt, the mother-in-law, the nurse, the father’s sister, the paternal grandmother, the paternal aunt and the teacher’s wife are to be treated as the mother.’

 

 

VERSE 2.143

Section XXV - Meaning of the Title ‘Ācārya’

 

अग्न्याधेयं पाकयज्ञानग्निष्टोमादिकान् मखान् ।
यः करोति वृतो यस्य स तस्यर्त्विगिहोच्यते ॥१४३॥

agnyādheyaṃ pākayajñānagniṣṭomādikān makhān |
yaḥ karoti vṛto yasya sa tasyartvigihocyate ||143||

 

He who, being duly appointed, performs, for one the Fire-laying rite, the Cooked Sacrifices and the Agniṣṭoma and other sacrifices, — is called his “officiating priest.” — (143)

 

Medhātithi’s commentary (manubhāṣya):

The rite that brings about the existence of the Āhavanīya and other (sacrificial fires) is called the ‘Fire-laving Rite,’ prescribed in such sentences as ‘the Brāhmaṇa should lay fire during the spring.’

‘Cooked sacrifices’ — the Darśa-Pūrṇamāsa and the rest.

‘The Agniṣṭoma and other sacrifices,’ — i.e., the Soma-sacrifices. The term ‘makha’ is synonymous with ‘kratu,’ ‘sacrifice.’

He who perfoms these acts for one is called his ‘priest.’ ‘For him’ and ‘his’ denote relation; the meaning being that ‘the performer is the officiating priest of only that man for whom he performs the acts, and not of any other person.’

All these terms, ‘Preceptor’ and the rest, are words denoting relation.

‘Being appointed’ — being requested; i.e., whose appointment has been made in accordance with the rules laid down in the scriptures.

The ‘Priest’ has been described here, in connection with the mention of persons entitled to respect; and priests have nothing to do with the duties of the religious student. This description is supplied here only for the purpose of indicating that the Priest also is entitled, like the Preceptor and the rest, to respect. — (143)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta (H, p. 5) as supporting the view that the title ‘Ṛtvik’ is applicable to the man from the moment of ‘appointment’ till the end of the performance of the rites for which he has been appointed; and that during this time any impurity attaching to the man would be only ‘immediate’; — and in Smṛticandrikā (Saṃskāra, p. 91) as defining the Ṛtvik'

It is quoted also in Vīramitrodaya (Saṃskāra, p. 477) where ‘agnyādhāyam’ is explained as agnyādhānam, and ‘Pākayajña' as the Aṣṭaka and the rest; — in Madanapārijāta (p. 31); — and in Aparārka (p. 66) as meaning that the title ‘Ṛtvik’ applies to that man whose services are paid for by a sacrificer for the performance of the sacrificial rite; — and again on p. 919.

 

Comparative notes by various authors:

Yājñavalkya, 1.34. — ‘He who performs, for one, sacrifices, is called the Ṛtvik.’

Viṣṇu-smṛti, 3.3. — ‘He who performs, for one, the sacrificial rites, him he should know as the Ṛtvik.’

Hārīta (Aparārka, p. 66). — ‘The Ṛtvik is of three kinds called — (1) the Kṣirahotā, i.e., one who helps one, in the Firelaying, (2) the Ahāryavṛtā, i.e., one who, in the absence of the (1) is appointed for purposes of the obligatory rites, (3) the Viśesavṛta, i.e., one who is appointed at the subsequent sacrifices.’

 

 

VERSE 2.144

Section XXV - Meaning of the Title ‘Ācārya’

 

य आवृणोत्यवितथं ब्रह्मणा श्रवणावुभौ ।
स माता स पिता ज्ञेयस्तं न द्रुह्येत् कदा चन ॥१४४॥

ya āvṛṇotyavitathaṃ brahmaṇā śravaṇāvubhau |
sa mātā sa pitā jñeyastaṃ na druhyet kadā cana ||144||

 

He who rightly fills one’s both ears with the Veda should be regarded as his Father and Mother; one should not, at any time, do him harm. — (144)

 

Medhātithi’s commentary (manubhāṣya):

‘He who fills both ears with the Veda’ — by teaching — ‘should be regarded as his Father and Mother.’

The present verse does not enjoin that the words ‘Father’ and ‘Mother’ denote the teacher; because these two terms, ‘Father and Mother,’ have their denotations as well known as the words ‘Ācārya’ and the rest, — that the term ‘Father’ denotes the progenitor, and ‘mother’ the progenitress. As a matter of fact, these two terms have been applied here for the purpose of indirectly eulogising the Teacher; just as in such expressions as ‘the ploughman is an ox.’ Inordinary experience the father and the mother are known as one’s best benefactors; they give one birth, bring him up with food, and seek to do good to their child, even at the risk of their body. Hence, the Teacher also, being a great benefactor, is eulogised as being equal to them; the sense being that he who helps one by imparting learning is superior to all other benefactors.

‘Rightly’ — is an adverb; the sense being that the Veda imparted is right, correct; not vitiated either by the omission of letters or by wrong accent.

‘Harm’ stands for injury, and also for disrespect.

‘At any time’ — i.e., even after the learning of books has been accomplished, one should do him no harm. Says the author of the Nirukta — ‘ The Brāhmaṇas who, after being taught, do not honour their teachers, by word, mind and act, etc., etc.’; — ‘Do not honour,’ i.e., disregard; — ‘Just as such pupils are of no use to the teacher’ — bring him no benefit — ‘so also does the learning bring no benefit to the pupils.’

‘Ātṛṇoti’ is another reading (for ‘āvṛṇoti’ in the Text), which means ‘pierces’ or ‘penetrates’ the two ears; which figuratively implies ‘teaching’; as we find in the line — ‘he is called a man with impenetrated ears whose ears hare not been reached by learning.’

This verse prohibits the doing of harm, by one even after he has acquired all the learning, to all the three kinds of Teachers — the Preceptor, the Sub-teacher and the Mentor. — (144)

 

Explanatory notes by Ganganath Jha:

This verse, along with verse 114, occurs in an older form (as Burnell remarks) in the Viṣṇu and Vaśiṣṭha Smṛtis; and also in Nirukta II. 4, where the verb appears as ‘ātṛṇatti’.

It is quoted in Smṛticandrikā (Saṃskāra, p. 93), which explains ‘āvṛṇoti’ as ‘fill’, and ‘avitatham’ as ‘free from wrong accentuation and other defects’.

 

Comparative notes by various authors:

Viṣṇu-smṛti, 30.40. — ‘He who fills one’s ears with the truth, imparting nectar, without causing pain, — him I regard as Father and Mother; and knowing what he has done, one should hear no malice towards him.’

Āpastamba-Dharmasūtra, 1.1.25. — ‘One should never bear malice towards him.’

Nirukta, Naigamakāṇḍa, 4. — ‘He who has expounded the Veda is to be regarded as similar to Viṣṇu.’

 

 

VERSE 2.145

Section XXV - Meaning of the Title ‘Ācārya’

 

उपाध्यायान् दशाचार्य आचार्याणां शतं पिता ।
सहस्रं तु पितॄन् माता गौरवेणातिरिच्यते ॥१४५॥

upādhyāyān daśācārya ācāryāṇāṃ śataṃ pitā |
sahasraṃ tu pitṝn mātā gauraveṇātiricyate ||145||

 

In veneration, the Preceptor excels ten Sub-teachers; the Father a hundred preceptors, and the Mother a thousand Fathers. — (145)

 

Medhātithi’s commentary (manubhāṣya):

This verse lays down the relative superiority among the persons intended to be eulogised. The Preceptor is superior to the Sub-teacher, the Father is superior to the Preceptor, and the Mother is superior even to the Father. The specification of the numbers ‘ten’ and the rest is purely valedictory. All that is meant is that the following is superior to the preceding; hence it is that we have the expression ‘a thousand Fathers.’

‘Excels ten Sub-teachers’ — i.e., he is superior to ten Sub-teachers.

“Why have we the Accusative ending here?”

The ‘ati’ (in ‘atiricyate’) is a preposition; the construction being — upādhyāyān ati (in reference to Sub-teachers); — and this means that ‘surpassing each of the ten sub-teachers, he becomes endowed with greater honour.’ Or, the ‘atireka,’ excelling (denoted by the verb ‘atiricyate’), means excess, the verbal root being used here in the sense of‘subjugation caused by excess’; the sense being that ‘by excess of respect he subdues ten sub-teachers’. Lastly, if we take the verb ‘atiricyate’ as the reflexive passive form, the Accusative ending becomes quite consistent; specially as the Vārtika (on Pāṇini, 3.1.87) speaks of ‘wide usage’ in connection with such transitive verbs as ‘milk,’ ‘cook’ and the like.

Objection. — “The very next verse is going to assert that the ‘Father who imparts the Veda is the superior while the present verse declares the Father to be superior to the Preceptor: and this is mutually contradictory.”

There is no force in this objection. According to etymologists the “Ācārya’ is not one who teaches; hence in the present verse the term stands for one who only performs the sacramental rites and teaches merely the rules of conduct; — Ācārya being one who makes one learn ā cāra. It is not necessary that one should always use only such names as arc current in one’s own science; e.g., the term ‘guru’ in the present treatise, has been declared to stand for the father, and is also used here and then; for the preceptor. From all this it is clear that the superiority of the father here meant is only over that person who confers upon one only a slight benefit, who only performs the Initiatory Rite and teaches the Rules of Conduct, and does not do any teaching.

The order of precedence being as here laid down, it follows that at a place where all these are present, the Mother is to be saluted first, then the Father, then the Preceptor, then the Sub-teacher. — (145)

The question arising as regards the order of precedence when the real Preceptor, and the Father who has performed the Initiatory Rite are both present, — the next verse supplies the answer.

 

Explanatory notes by Ganganath Jha:

The first quarter of this is referred to in Parāśaramādhava (Ācāra, p. 304).

The verse is quoted in Madanapārijāta (p. 31); — and in Vīramitrodaya (Saṃskāra, p. 478), where the following notes are added: — In point of veneration, the ‘Ācārya’ is superior as compared to ten ‘Upādhyāyas’, the Father is superior to a hundred Ācāryas, and the Mother is superior to a thousand Fathers; — the person spoken of as ācārya here is the person who performs the Upanayana and teaches the Sāvtrī only (not the entire Veda), — as is clear from the next verse where the man who performs the Upanayana and teaches the entire Veda is described as superior to the Father.

This same explanation is given by Medhātithi and Kullūka also. Govindarāja and Nārāyaṇa on the other hand, hold that the word ‘Pitā’, ‘Father’, stands for that Father who, having begotten the child, performs its Upanayana and himself teaches it the entire Veda.

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 92), which adds that the Father meant here is one who is a mere Progenitor and has not performed any sacramental rites for the boy; in other eases, when he has performed these, it is the Father that is superior.

 

Comparative notes by various authors:

Gautama-Dharmasūtra, 2.58. — ‘Among elders the Ācārya is the highest; the mother — say some.’

Vaśiṣṭha, 13.17. — (Manu’s words reproduced.)

Yājñavalkya, 1.35. — ‘These deserve to be respected in the order in which they are mentioned; the mother is more venerable than all of them.’

Bhaviṣya-Purāṇa (Vīramitrodaya-Saṃskāra, p. 478). — (Manu’s words reproduced.)

Śaṅkha-Likhita (Vīramitrodaya-Saṃskāra, p. 479). — ‘One should not intervene between his Father and Mother; he may speak in favour of his mother: as she is the person that bore him and brought him up.’

Nārada (Vīramitrodaya-Saṃskāra). — ‘Of the two the Father is superior, on account of the supremacy attaching to the seed: in the absence of the Father, the Mother is the highest; and in her absence, the elder brother.’

Purāṇa (Parāśaramādhava, p. 304). — ‘By law these are two gurus for man: the Father and the Mother; between these two, the Father is superior, then the Mother, then the elder brother.’

Vyāsa (Do.). — ‘For ten months she keeps the child in her womb, suffering from shooting pains, then she gives him birth, being rendered unconscious in the process; devoted to her son, she regards him as superior even to her very life; who can recompense her even in a hundred years?’

 

 

VERSE 2.146

Section XXV - Meaning of the Title ‘Ācārya’

 

उत्पादकब्रह्मदात्रोर्गरीयान् ब्रह्मदः पिता ।
ब्रह्मजन्म हि विप्रस्य प्रेत्य चैह च शाश्वतम् ॥१४६॥

utpādakabrahmadātrorgarīyān brahmadaḥ pitā |
brahmajanma hi viprasya pretya caiha ca śāśvatam ||146||

 

Between the progenitor and the imparter of the veda, the imparter op the veda is the more venerable father; for the brāhmaṇa’s “birth” is the veda, eternally, — here as well as after death. — (146)

 

Medhātithi’s commentary (manubhāṣya):

‘Progenitor’ — is one who gives natural birth; ‘Imparter of the Veda’ is one who teaches; — both these are ‘fathers’; and between these two ‘fathers,’ that Father is ‘more venerable’ who imparts the Veda. So that when the Father and the Preceptor are both present, the Preceptor should be saluted first.

The text adds a valedictory statement in support of what has been said — ‘The Brāhmaṇa’s birth is the Veda’; i.e., is for the purpose of learning the Veda; the compound ‘brahmajanma’ being expounded as ‘brahmagrahaṇārtham janma,’ according to the Vārtika on ‘Pāṇini’ 2.1.60. According to this explanation of the compound, the Initiatory Rite would be ‘the birth for the learning of the Veda.’ Or, the compound ‘brahmajanma’ may be explained as ‘birth consisting in the form of learning the Veda.’

This, for the Brāhmaṇa, is eternally — ever — beneficial — ‘here’ and ‘beneficial after death’ also. — (110)

 

Explanatory notes by Ganganath Jha:

For the apparent inconsistency between this and the preceding verse, see note above.

This verse is quoted in Parāśaramādhava (Ācāra, p. 305), in support of the view that the ‘Ācārya’ also, in certain cases, is superior to the Father and Mother; — and in Madanapārijāta (p. 32), which adds the following notes: — ‘Brahmajanma’ means birth from Veda, i. e. Upanayana; ‘after death? — because it creates in the boy the capacity to attain all the good, even the Final Release, — as also ‘here’ — by reason of creating the capacity to perform all religious rites, — it is ‘eternally’ — the bringer about of lasting good.

Vīramitrodaya (Saṃskāra, p. 479) simply quotes the verse.

It is quoted in Aparārka (p. 97) in support of the view that the orders of the Teacher carry more weight than those of the Father; — it explains ‘brahmadaḥ’ as ‘the teacher’; — and in Smṛticandrikā (Saṃskāra, p. 93), which adds that ‘brahmadaḥ’ stands for the Ācārya, not the Upādhyāya, as is clear from the second line which means — ‘because he gives that birth which serves the purpose of Vedic study, i.e. the Upanayana, he is superior.’

 

Comparative notes by various authors:

Viṣṇu-smṛti, 30.44. — (Reproduces Manu’s Words.)

Gautama-Dharmasūtra, 2.57. — ‘Among elders the Ācārya is the highest.’

Vaśiṣṭha, 2.5. — ‘They declare the Ācārya to be highest, because of his imparting the Veda.’

Āpastamba-Dharmasūtra, 1.2.21. — ‘The Father and Mother bring forth only the physical body.’

 

 

VERSE 2.147

Section XXV - Meaning of the Title ‘Ācārya’

 

कामान् माता पिता चैनं यदुत्पादयतो मिथः ।
सम्भूतिं तस्य तां विद्याद् यद् योनावभिजायते ॥१४७॥

kāmān mātā pitā cainaṃ yadutpādayato mithaḥ |
sambhūtiṃ tasya tāṃ vidyād yad yonāvabhijāyate ||147||

 

When the Father and Mother beget one through mutual desire, — this that he is born in the womb is to be regarded as his “production.” — (147)

 

Medhātithi’s commentary (manubhāṣya):

These two verses are purely valedictory.

‘When the Father and. Mother beget him’ — the child — ‘through mutual desire’ — in secret, under the influence of desire.

‘Should be regarded as his production;’ — that the child is born in the womb of the Mother — i.e., b ecomes endowed with his several limbs — this is mere production. And those entities that have their production are sure to be destroyed; so that what is the use of that ‘production’ which is doomed to immediate destruction? — (117)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 480).

 

Comparative notes by various authors:

Viṣṇu-smṛti, 30.44. — (Reproduces Manu.)

Āpastamba-Dharmasūtra, 1.2-2. — ‘The parents produce body.’

Vaśiṣṭha-Dharmasūtra, 2.5.9. — ‘They call the Teacher Father because of his imparting the Veda.’ — ‘Therefore the learned expounder of the Veda is never regarded as childless.’

 

 

VERSE 2.148

Section XXV - Meaning of the Title ‘Ācārya’

 

आचार्यस्त्वस्य यां जातिं विधिवद् वेदपारगः ।
उत्पादयति सावित्र्या सा सत्या साऽजराऽमरा ॥१४८॥

ācāryastvasya yāṃ jātiṃ vidhivad vedapāragaḥ |
utpādayati sāvitryā sā satyā sā'jarā'marā ||148||

 

But the “birth” which the Preceptor, well-versed in the Veda, brings about for him, in the lawful manner, by means of the Sāvitrī, — that is real, imperishable, immortal. — (148)

 

Medhātithi’s commentary (manubhāṣya):

The ‘birth’ that the Boy obtains from his Preceptor is however indestructible. When the Veda has been got up and its meaning duly comprehended, then alone is one enabled to perform religious acts, by which he obtains Heaven and Final Release; and since all this is due to the Preceptor, he is superior.

‘That birth which the Preceptor brings about’ — i.e., the sacramental rite called ‘Upanayana’ ‘initiation,’ which is called the ‘second birth,’ which he accomplishes — ‘by means of the Sāvitrī’ — i.e., by the expounding of it; — ‘that’ — birth — ‘imperishable, immortal.’ Though all these words mean the same thing, yet they have been used with a view to pointing out that the ‘birth’ named ‘Initiation’ is superior to that which one obtains from his mother. As a matter of fact, ‘perishing’ and ‘death’ are not possible for ‘birth,’ as they are in the case of living beings; if mere ‘indestructibility’ were meant, this could have been expressed by means of a single word; and yet this is not what is done (which shows that the meaning is as explained above).

The construction of the sentence is as follows: — ‘Vedapāraga ācāryo yāñjātim vidhivat sāvitryā — i.e., by means of the full details of the Initiatory Rite, which is what is indicated by the term sāvitrī — utpādayati — is what is superior.’ ‘Jāti’ stands for ‘janma,’ birth. — (148)

 

Explanatory notes by Ganganath Jha:

It is also simply quoted in Vīramitrodaya (Saṃskāra, p. 480).

 

Comparative notes by various authors:

Viṣṇu-smṛti, 30.5. — (Reproduces Manu.)

Āpastamba-Dharmasūtra, 1.1-17. — ‘That is the highest birth; therein he gives him birth in knowledge.’

Gautama Dharmasūtra, 1.10. — ‘That is the second birth.’

 

 

VERSE 2.149

Section XXV - Meaning of the Title ‘Ācārya’

 

अल्पं वा बहु वा यस्य श्रुतस्यौपकरोति यः ।
तमपीह गुरुं विद्यात्श्रुतौपक्रियया तया ॥१४९॥

alpaṃ vā bahu vā yasya śrutasyaupakaroti yaḥ |
tamapīha guruṃ vidyātśrutaupakriyayā tayā ||149||

 

If one benefits him by means of knowledge, more or less, — him also one should regard herb as the “mentor,” by virtue of that benefit of knowledge. — (149)

 

Medhātithi’s commentary (manubhāṣya):

That teacher who benefits a pupil means of knowledge, — ‘more or less’ — this is an adverb; — ‘him also’ — who helps with a little knowledge only — ‘one should regard as the mentor.’

The following construction is better: — ‘yasya śrutasya’ — these are in apposition — i.e., of the knowledge of the Veda, or of the Vedic subsidiaries, or of other Sciences, or of Reasoning and Art — alpam vahu vā — tena — this has to be supplied — upakaroti’ [The meaning, by this construction being — ‘that knowledge by a little or more of which he benefits him, etc., etc.’]

The word ‘śrutopakriyayā’ is an appositional compound the apposition being based upon the fact of the ‘knowledge’ being the means of the ‘benefit.’

What is meant by this is that the teacher referred to should be called and treated as a ‘mentor’: just as we haver had above in the case of the terms ‘Ācārya’ and the rest. — (149)

 

Explanatory notes by Ganganath Jha:

‘Iha’ — ‘In these Institutes’ (Kullūka); — ‘in the section on salutation’ (Govindarāja). It may also mean, as Buhler rightly suggests, ‘in this world’.

This verse is quoted in Mitākṣarā, as applying the title ‘guru’ to the mere Upādhyāya or sub-teacher; — also in Madanapārijāta (p. 81); — in Vīramitrodaya (Saṃskāra, p. 477); — in Aparārka (p. 65) as laying down that such a person deserves to be simply respected; — in Smṛticandrikā (Saṃskāra, p. 89), to the effect that all that is meant by such a person being called ‘guru’ is that ‘he deserves to be honoured’, as is indicated by the particle ‘api’; — in Hemādri (Śrāddha, p. 353); — and in Prāyaścitta-viveka (p. 12) in support of the view that the Father alone is not entitled to be called ‘guru’.

Parāśaramādhava (Ācāra, p. 303) quotes it as supporting the view that the name ‘guru’ is applied to persons other than the Father only figuratively or indirectly. To the same effect it is also quoted in the same work in the Prāyaścitta section (p. 259) as describing the secondary ‘guru’.

 

Comparative notes by various authors:

See above, verse 142.

Gautama-Dharmasūtra, 1-12. — ‘Also because he expounds the Veda,’

Vaśiṣṭha-Smṛti, 3.24. — ‘He who teaches a portion of the Veda and the Vedic subsidiaries is the Upādhyāya.’

Atri, 9-10. — ‘There is no substance in the world by giving which one could become freed from the debt owing to that Teacher who teaches even a single syllable to his pupil. One who honours not the Teacher who has taught him even a single syllable (is a sinner).’

Yājñavalkya, 1-34. — ‘He who teaches a portion is the Upādhyāya: he is a Guru who, having performed the rite, imparts to him the Veda.’

Hārīta (see under 142).

 

 

VERSE 2.150

Section XXV - Meaning of the Title ‘Ācārya’

 

ब्राह्मस्य जन्मनः कर्ता स्वधर्मस्य च शासिता ।
बालोऽपि विप्रो वृद्धस्य पिता भवति धर्मतः ॥१५०॥

brāhmasya janmanaḥ kartā svadharmasya ca śāsitā |
bālo'pi vipro vṛddhasya pitā bhavati dharmataḥ ||150||

 

The Brāhmaṇa, who brings about his Vedic birth, and teaches him his duty, — even though he be a mere child, — becomes in law the father of the old man (whom he teaches). — (150)

 

Medhātithi’s commentary (manubhāṣya):

The ‘birth’ that is for the purpose of getting up the Veda is called ‘Vedic birth,’ — i.e., the Initiatory Rite. — He who brings about this; and ‘he who teaches him his duty — instructs him in it, by expounding the meaning of Vedic texts, — such a Brāhmaṇa, — ‘even though he be a child.’ — becomes tho father of the old man. That is, even though the pupil be older in age, he should treat the teacher as his father.

Question. — “How can the younger man ‘initiate’ the older? Specially as initiation is performed in the eighth year; and until one has duly learnt and studied the Veda, he is not entitled to act up to the injunction of ‘becoming a teacher.’”

Answer. — Well, in that case, we can take the term ‘Vedic birth’ to mean not necessarily the Initiatory Ṛte, but only the getting up of the Veda. One who ‘brings about’ this — i.e., the Teacher, — and ‘he who teaches’ — expounds — ‘him his duty’ — i. e., the meaning of the Vedic texts, — ‘becomes his father.’

‘In law;’ — this means that the treatment of the father should be accorded to him; so that what the phrase ‘in law’ means is that the parental character of the teacher is based upon the treatment accorded to him. The ‘treatment of the father’ has not yet been declared as to be accorded to the teacher and the expounder; hence it has been laid down here; in the same manner as the injunction that ‘the Kṣatriya should be treated as the Brāhmaṇa.’ — (150)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 31); — in Parāśaramādhava (Ācāra, p. 305) in support of the view that when a boy teaches an old man, the former is his superior; — and in Vīramitrodaya (Saṃskāra, p. 480).

 

Comparative notes by various authors:

(verse 150-154)

Baudhāyana-Dharmasūtra, 2-48. — ‘This is found in the case of the infant Āṅgirasa.’

Sūtasaṃhitā, 6-31. — ‘To regard the Teacher as a child or a human being or an uncultured person, — is the result of ignorance.’

Gautama-Dharmasūtra, 6.22-23. — ‘Learning is superior to all; since it forms the very basis of Dharma.’

Viṣṇu-smṛti (Parāśaramādhava, p. 305). — ‘One should behave towards the Teacher, — be he a child or of the same age as oneself, — as towards the Guru.’

 

 

VERSE 2.151

Section XXV - Meaning of the Title ‘Ācārya’

 

अध्यापयामास पितॄन् शिशुराङ्गिरसः कविः ।
पुत्रका इति हौवाच ज्ञानेन परिगृह्य तान् ॥१५१॥

adhyāpayāmāsa pitṝn śiśurāṅgirasaḥ kaviḥ |
putrakā iti hauvāca jñānena parigṛhya tān ||151||

 

The child Kavi, the son of Aṅgiras, taught his fathers; and having received and trained them by knowledge, he called them “little sons.” — (151)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has laid down the ‘fatherly treatment’ (of a youthful teacher); the present verse supplies, in its support, a descriptive eulogy of the kind called ‘Parakṛti.’ The ‘son of Añgiras,’ — ‘Kavi’ by name, — ‘the child,’ youthful ‘His fathers’ — i.e., his paternal and maternal uncles; the sons of these, and other elderly persons, equal (in dignity) to the father.

‘Taught,’ — instructed.

Whenever occasion arose for calling them, he called them with the words ‘little sons, come here.’

‘Having received and trained them’ — i.e., having accepted them and made them his pupils. — (151)

 

Explanatory notes by Ganganath Jha:

‘Parigṛhya’ — ‘Having excelled’ (Nandana); — ‘having received and trained’ (Medhātithi, Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda).

‘Pitṛn’ — ‘The Agniṣvāttas and the rest’ (Nārāyaṇa).

Burnell remarks that the sentiment here expressed, though supported by Baudhāyana, 1. 3. 47, is opposed to Āpastamba 1.13. 15.

This verse is quoted in Vīramitrodaya (Saṃskāra p. 480); — and in Parāśaramādhava (Ācāra, p. 305).

Medhātithi (p. 144, 1. 13) — ‘Arthavādoyam parakṛtināmā’ — There are several classifications of Arthavāda passages. The one referred to here is that into the four kinds — (1) ‘Stuti’ (2) ‘Nindā’, (3) ‘Parakṛti’ and ‘Purākalpa’ — mentioned in the Nyāyasūtra of Gautama (2. 1. 65), under which Vātsyā-yana gives examples of each kind: — (1) ‘Stuti’, Valedictory — is the name given to that text which eulogises a certain injunction by describing the desirable results following from the enjoined act; — (2) the text that describes the undesirable results following from the act is willed ‘nindā’, ‘Deprecatory — (3) the text that describes a contrary method of action adopted by a certain person is called ‘parakṛti’, ‘illustrative — and (4) that which describes a method as adopted traditionally is called Purākalpa, ‘Narrative’.

Another classification of the Arthavāda is into three kinds — (1) Descriptive by indirect implication, (2) Descriptive by direct intimation and (3) Descriptive of an accomplished fact

The Mīmāṃsā-bāla-prakāśa (pp. 48-58) describes no less than 38 kinds of Arthavāda (see Prābhākara Mīmāṃsā, pp. 115-116)

This verse is quoted in Smṛticandrikā (Saṃskāra, p.93).

 

Comparative notes by various authors:

(verse 150-154)

See Comparative notes for Verse 2.150.

 

 

VERSE 2.152

Section XXV - Meaning of the Title ‘Ācārya’

 

ते तमर्थमपृच्छन्त देवानागतमन्यवः ।
देवाश्चैतान् समेत्यौचुर्न्याय्यं वः शिशुरुक्तवान् ॥१५२॥

te tamarthamapṛcchanta devānāgatamanyavaḥ |
devāścaitān sametyaucurnyāyyaṃ vaḥ śiśuruktavān ||152||

 

They, having their anger aroused, questioned the gods about this matter; and the gods, having met together, said to them — “the child has addressed you in the lawful manner.” — (152)

 

Medhātithi’s commentary (manubhāṣya):

The said persons, substitutes of the father, ‘having their anger aroused,’ — their resentment excited — by being called ‘little sons’ — ‘questioned the gods about this matter — of being addressed as ‘little sons’: ‘We are called by this boy little sons, is this proper?’

‘The gods’ thus questioned, — ‘having met together’ — convened a meeting, and having arrived at a unanimous decision, — ‘said to them’ — the fathers of Kavi, — ‘the child has addressed you in the lawful manner’ — i.e., properly. — (152)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 305) — in Vīramitrodaya (Saṃskāra, p. 480); — and in Smṛticandrikā (Saṃskāra, p. 93).

 

Comparative notes by various authors:

(verse 150-154)

See Comparative notes for Verse 2.150.

 

 

VERSE 2.153

Section XXV - Meaning of the Title ‘Ācārya’

 

अज्ञो भवति वै बालः पिता भवति मन्त्रदः ।
अज्ञं हि बालमित्याहुः पितेत्येव तु मन्त्रदम् ॥१५३॥

ajño bhavati vai bālaḥ pitā bhavati mantradaḥ |
ajñaṃ hi bālamityāhuḥ pitetyeva tu mantradam ||153||

 

The ignorant person is verily a “child,” while the imparted of mantras is the “father.” They have called the ignorant man “child,” and the imparter of mantras, “father.” — (153)

 

Medhātithi’s commentary (manubhāṣya):

It is not by reason of his younger age that one is known as ‘child’ it is the ‘ignorant’ — uneducated person — who, even though old in age, is called ‘child.’

‘Importer of mantras’ — is used figuratively; the sense being that ‘he who imparts, — i.e., teaches and expounds, — the Mantras — i.e., the Vedas — becomes the father.’

The particle ‘vai,’ ‘verily,’ indicates the support of other scriptures; and these scriptures (thus referred to) must have been regarded by the said gods as ancient and authoritative. Hence it is that we have the term ‘they have called.’ which points to a traditional belief.

‘The ignorant’ — uneducated — ‘person,’ — ‘they’ — i.e., even the ancients — have called ‘child’; — and ‘the importer of mantras, the father.’ The particle ‘iti,’ occurring after the term ‘bāla,’ points to the exact form of the traditional belief; — the construction being — ‘ajñam bāla iti etena śabdena āhuḥ,’ ‘the ignorant person they have called by the name child.’ It is on account of the presence of this ‘iti’ that the accusative ending is absent in the term ‘bāla.’

This story about the child (Āṅgirasa) occurs in the Chāndogya, and the author of the Smṛti (Manu) has reproduced it here only in sense. — (153)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 305) — in Vīramitrodaya (Saṃskāra, p. 480); — and in Smṛticandrikā (Saṃskāra, p. 93).

 

Comparative notes by various authors:

(verse 150-154)

See Comparative notes for Verse 2.150.

 

 

VERSE 2.154

Section XXV - Meaning of the Title ‘Ācārya’

 

न हायनैर्न पलितैर्न वित्तेन न बन्धुभिः ।
ऋषयश्चक्रिरे धर्मं योऽनूचानः स नो महान् ॥१५४॥

na hāyanairna palitairna vittena na bandhubhiḥ |
ṛṣayaścakrire dharmaṃ yo'nūcānaḥ sa no mahān ||154||

 

Neither by years, nor by grey hair, nor by wealth, nor by relatives (is greatness attained); since the sages have made the law that ‘he who teaches is the greatest among us.’ — (154)

 

Medhātithi’s commentary (manubhāṣya):

This is another eulogy of the teacher.

‘Hāyana’ is synonymous with ‘samvatsara,’ ‘years.’ One does not become great — venerable — by being advanced in age by many years; — ‘nor by grey hair’ — i.e., by the hairs of the head and beard becoming white; — ‘nor by (much) wealth’; — ‘nor by relatives,’ — does one acquire the aforesaid title to respect. One does not become ‘great’ even by all these taken together; but by learning alone. And this because ‘the sages have made the law,’ — ‘Ṛṣi,’ ‘sage,’ is so called by reason of his sublime vision. The meaning is that the ‘seers’ of the text and meaning of the entire Veda, have come to the conclusion and laid down this law — ‘he who teaches’ — ‘teaching’ means instructing in the Veda along with all its subsidiaries — ‘is the greatest’ — most venerable — ‘among us.’

The term ‘made’ stands for laying not for bringing into existence what did not exist before. — (154)

 

Explanatory notes by Ganganath Jha:

‘Anūcānaḥ’ — ‘Teacher of the Veda’ (Medhātithi and Govindarāja); — ‘he who has learnt the Veda’ (Kullūka, Nārāyaṇa, Nandana and Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 305); — in Vīramitrodaya (Saṃskāra p. 480); — and in Smṛticandrikā (Saṃskāra, p. 93), which explains the meaning as, ‘the sages have not laid down the principle that greatness depends on years and the rest; what they have asserted is that among us he is great who is the best expounder of the ‘Veda.’

“This verse with the following one is proverbial, and is repeated several times in the Mahābhārata and the other law-books.” — Hopkins.

 

Comparative notes by various authors:

(verse 150-154)

See Comparative notes for Verse 2.150.

 

 

VERSE 2.155

Section XXV - Meaning of the Title ‘Ācārya’

 

विप्राणां ज्ञानतो ज्यैष्ठ्यं क्षत्रियाणां तु वीर्यतः ।
वैश्यानां धान्यधनतः शूद्राणामेव जन्मतः ॥१५५॥

viprāṇāṃ jñānato jyaiṣṭhyaṃ kṣatriyāṇāṃ tu vīryataḥ |
vaiśyānāṃ dhānyadhanataḥ śūdrāṇāmeva janmataḥ ||155||

 

Among Brāhmaṇas seniority is by knowledge; among Kṣatriyas by valour; and among Vaiśyas by grains and riches; among Shudras alone it is by age. — (155)

 

Medhātithi’s commentary (manubhāṣya):

This also is a purely commendatory description.

It has been asserted above that knowledge singly is superior to wealth and other things taken together; and the same idea is re-iterated in greater detail, in this verse.

‘Among Brāhmaṇas, seniority is by knowledge’ — not by wealth, etc.

‘Among Kṣatriyas by valour’; — ‘va lour’ stands for the ‘efficiency’ of a substance and also for ‘firmness of strength.’

‘Among Vaiśyas by grains and riches’; — ‘grains’ being mentioned separately, the term ‘riches’ is to be taken as signifying gold, etc.; just as in the expression ‘brāhamaṇa-pariv rājaka.’ [Where the Brāhmaṇa being mentioned separately, the term ‘parivrājaka’ is taken as standing for the renunciate of other castes.]

The Vaiśya possessing a large quantity of wealth is regarded as senior.

The affiix ‘tasi’ (in the words ‘jñānataḥ,’ etc.) denotes cause, and is used in accordance with Pāṇini 2.3.23. — (155)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta II (p. 233); — in Madanapārijāta (p. 32); — and in Vīramitrodaya (Saṃskāra, p. 480).

Medhātithi (P. 145,1.16) — ‘Brāhmaṇaparivrājakavat’ — This maxim is generally cited in cases where an object whose character has become modified is spoken of by a name connotative of its former condition. For instance, when a Brāhmaṇa has become a ‘wandering mendicant’, he is called ‘Brāhmaṇa-mendicant’, in consideration of his past Brahmaṇahood. In the present context however the maxim is used in the sense that where one uses the term ‘Brāhmaṇaparivrājaka’, the Brāhmaṇa being already spoken of by name, the term

 

Comparative notes by various authors:

Viṣṇu, 32-18. — (Reproduces Manu.)

 

 

VERSE 2.156

Section XXV - Meaning of the Title ‘Ācārya’

 

न तेन वृद्धो भवति येनास्य पलितं शिरः ।
यो वै युवाऽप्यधीयानस्तं देवाः स्थविरं विदुः ॥१५६॥

na tena vṛddho bhavati yenāsya palitaṃ śiraḥ |
yo vai yuvā'pyadhīyānastaṃ devāḥ sthaviraṃ viduḥ ||156||

 

One does not become venerable by the fact that his hair has turned grey; the gods know him to be venerable who, though young, continues to study. — (156)

 

Medhātithi’s commentary (manubhāṣya):

One is not called ‘venerable by the fact that his head has turned grey’; — i.e., the hairs of his head have become white. How then?

He who, ‘though young’ — is of young age — and yet carries on his study, — him ‘the gods know’ — declare — ‘to be venerable.’ The gods know all things, hence this is a praise (of the learned man). — (156)

 

Comparative notes by various authors:

Gautama (see under 154).

 

 

VERSE 2.157

Section XXV - Meaning of the Title ‘Ācārya’

 

यथा काष्ठमयो हस्ती यथा चर्ममयो मृगः ।
यश्च विप्रोऽनधीयानस्त्रयस्ते नाम बिभ्रति ॥१५७॥

yathā kāṣṭhamayo hastī yathā carmamayo mṛgaḥ |
yaśca vipro'nadhīyānastrayaste nāma bibhrati ||157||

 

As the elephant made of wood, as the deer made of leather, so the non-learning Brāhmaṇa, — these three merely bear their names. — (157)

 

Medhātithi’s commentary (manubhāṣya):

This verse praises learning and the learner.

‘Made of wood’; — the form of the elephant made of wood by means of the said and other implements; just as this is useless, does not serve any useful purpose for the king, in the shape of killing his enemies and so forth, — so the Brāhmaṇa who does not learn is like a piece of wood, not fit for anything.

‘The deer made of leather’; — similarly the deer that has been made out of leather is useless; it is of no use for purposes of limiting, etc.

‘These three only bear their names’ — and do not fulfil what is signified by these names. — (157)

 

Explanatory notes by Ganganath Jha:

‘Kāṣṭhamayo hasti’ — “Probably allusions to old stories. Cf. the Bṛhatkathā for the ‘wooden elephant’... In Mahābhārata the same idea is expressed in slightly different words (12. 30. 40 ff.) and with added similes.” (Burnell-Hopkins).

 

Comparative notes by various authors:

Baudhāyana, 1.1-11,

Parāśara, 8-16,

Vaśiṣṭha, 3.12,

 — Reproduce the words of Manu.

Mahāhhārata, 12.3.6-46. — (Same as Manu, but reading ‘bibhrati’ for ‘dhāraka.’)

Last Updated: 16 February, 2018

 

 

VERSE 2.158

Section XXV - Meaning of the Title ‘Ācārya’

 

यथा षण्ढोऽफलः स्त्रीषु यथा गौर्गवि चाफला ।
यथा चाज्ञेऽफलं दानं तथा विप्रोऽनृचोऽफलः ॥१५८॥

yathā ṣaṇḍho'phalaḥ strīṣu yathā gaurgavi cāphalā |
yathā cājñe'phalaṃ dānaṃ tathā vipro'nṛco'phalaḥ ||158||

 

As the eunuch is useless among women, as the cow is useless among cows, as a gift to the ignorant person is useless, even so is the Bbrāhmaṇa useless who is devoid of the Veda. — (158)

 

Medhātithi’s commentary (manubhāṣya):

‘Eunuch’ — he who is without masculine virility, having both (male and female) signs and incapable of intercourse with women, — just as this person is ‘useless women’; — as again is ‘the cow useless among cows’; — ‘even so is the Brāhmaṇa useless who is devoid of the Veda,’ — i.e., who does not learn. — (158)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 511) as deprecating ignorance of the Veda; — and in Smṛticandrikā (Saṃskāra, p. 129) to the effect that all acts are futile for one who is ignorant of the Veda.

 

Comparative notes by various authors:

Parāśara-smṛti (Prā. 8-18). — (Reproduces Manu with a slight verbal variation.)

Vyāsa (Vīramitrodaya-Saṃskāra, p. 511). — ‘For one who is devoid of the Veda, all actions are futile.’

Vaśiṣṭha (Do,). — ‘One bereft of the Veda is not a Brāhmaṇa.’

Hārīta (Do., p. 512). — ‘The Veda is what should be learnt by the Brāhmaṇa.’

Mahāhhārata, 12.36.47. — (First half the same as Manu) — ‘as the bird is without wings, so is the Brāhmaṇa devoid of Mantras.’

 

 

VERSE 2.159 [Chastisement of Pupils]

Section XXVI - Chastisement of Pupils

 

अहिंसयैव भूतानां कार्यं श्रेयोऽनुशासनम् ।
वाक् चैव मधुरा श्लक्ष्णा प्रयोज्या धर्ममिच्छता ॥१५९॥

ahiṃsayaiva bhūtānāṃ kāryaṃ śreyo'nuśāsanam |
vāk caiva madhurā ślakṣṇā prayojyā dharmamicchatā ||159||

 

Teaching for good should be imparted to living beings, without injury to them; and sweet and soft words should be employed by one who seeks for merit. — (159)

 

Medhātithi’s commentary (manubhāṣya):

‘Without injury’ — without beating.

‘To living beings’ — i.e., to one’s wife, children, servants, pupils and brothers; — ‘teaching for good should be imparted.’ The generic term ‘beings’ has been used with a view to guard against the notion that what is stated here should he done to pupils only. ‘Śreyas’ ‘good’ stands for the acquiring of seen and unseen results; the ‘teaching’ is for the purpose of that acquisition; and it consists either in instruction without the help of hooks, or in the teaching and expounding of the scriptures.

What the present verse means is that, as far as possible one should avoid too much heating and chiding; some slight chastisement has been already permitted under Gautama 2. 42. 43.

Question. — “How then are they to he kept in the right path?”

The answer is supplied by the next line: — ‘Words sweet’ — gentle and loving; — ‘soft’ — i.e., even when gentle, they should not he very loud or haughty or harsh like that, of the crow. E.g., ‘dear child, read on, — do not direct your attention elsewhere, — attentively finish this chapter quickly and then you can immediately proceed to play with boys of your own age.’ He who does not pay attention, even after being thus spoken to — for him the proper method has already been laid down — ‘by means of a bamboo-piece.’

‘Should he employed’ — spoken.

‘By one desiring merit’; — i.e., only by so doing does he acquire the full merit of teaching. — (159)

 

Explanatory notes by Ganganath Jha:

‘Ahiṃsayā’ — cf. Gautama 2. 42 — śiṣyaśiṣṭaravadhena

Medhātithi (P. 140, 1. 13) — ‘Rajjvā veṇudálena vā — See 8. 299; also Gautama II. 43: aśaktau rajjuveṇudalābhyāṃ tanubhyām | anyena ghan rājñā śāsyaḥ |

 

Comparative notes by various authors:

Gautama, 2.49-50. — ‘The training of the pupil should be done without hurting him; in case of this being impossible, the chastisement should be inflicted by means of a thin rope or a thin piece of split bamboo.’

Āpastamba-Dharmasūtra, 1.8.28-29. — ‘In the case of the pupil committing some fault, the Teacher should admonish him; and until the pupil desists, the following punishments may be inflicted in accordance with the gravity of the offence: threatening, fasting, water-bath, refusing to see him.’

 

 

VERSE 2.160

Section XXVI - Chastisement of Pupils

 

यस्य वाङ्मनसी शुद्धे सम्यग् गुप्ते च सर्वदा ।
स वै सर्वमवाप्नोति वेदान्तोपगतं फलम् ॥१६०॥

yasya vāṅmanasī śuddhe samyag gupte ca sarvadā |
sa vai sarvamavāpnoti vedāntopagataṃ phalam ||160||

 

He, whose speech and mind are pure and ever properly guarded, obtains the whole reward recognised by the canons of the Veda. — (160)

 

Medhātithi’s commentary (manubhāṣya):

That, teacher, or any person, whose ‘speech and mind,’ even in the presence of disturbing causes, — ‘are pure’ — do not become perturbed; — ‘and properly guarded,’ — i.e., even when perturbation has been caused, he does not make up his mind to injure other persons, nor does he have recourse to activity calculated to harm them: all this is what is meant by the ‘guarding’ of speech and mind.

‘Been’ — is added with a view to show that what is laid down applies to each and every man, and not to the teacher only, and that also only at the time of teaching.

‘He obtains the whole reward.’

The term ‘vedānta’ in the text stands for ‘vedasiddhānta,’ ‘canons of the Veda’; the term ‘siddha’ being deleted in the same manner as the term ‘atyanta’ has been held to be dropped in the term ‘siddhe’ as occurring in the declaration ‘siddhe śabdārthasambandhe, etc.’ (in the Mahābhāṣya),

The term ‘vedānta’ therefore stands for the ‘canons’ — established doctrines — contained in the Vedic texts — wherein it lias teen ‘recognised’ that ‘such and such results proceed from such and such an act’ — a fact that is accepted by all persons learned in the Veda; — the whole of such results ‘he obtains.’

By the present statement the author has made it clear that the proper control of speech and mind is helpful in the ordinary life of man, as also in sacrificial performances. For, if it were meant to he helpful only in ordinary life, then its transgression would involve the omission of only what is helpful to man in his ordinary life; and in that case the transgression not causing any deficiency in any sacrificial performance, why should not the man with unguarded speech and mind obtain the full reward of these latter? And yet what the text says is that ‘it is the self-controlled man that obtains the whole reward.’

Others have explained the term ‘vedānta’ to mean the Esoteric Brahmaṇas (Upaniṣads). And by this explanation the passage means that the man obtains the whole of that reward which consists in the ‘attaining of Brahman,’ which has been postulated, in the said esoteric treatises, as proceeding from the performance of the compulsory duties, and also from that of those restraints and observances which have been laid down without reference to any rewards.

If it be asked how pan the compulsory acts be held to bring about a result in the shape of attaining Brahman?” — our answer is simply that such an opinion has been held by some persons.

Or again, the term ‘redānta’ may be explained as the ‘end’ of the teaching ‘of the Veda’; and the result obtained is that which proceeds from this teaching; — i.e., the result in the form of having fulfilled the injunction of ‘becoming a teacher.’ By this explanation, what is laid down in the text would become entirely subservient to the ‘injunction of teaching.’ — (160)

 

Explanatory notes by Ganganath Jha:

‘Vedāntopagatam’ — ‘Vedānta’ stands for the Upaniṣads, and the ‘reward’ is Final Release (Govindarāja, Kullūka, Nārāyaṇa Nandana and Rāghavānanda); — it stands for the ‘doctrines of the Veda’, and ‘reward’ stands for the results accruing from the sacrifices and rites prescribed in the Veda (Medhātithi).

Medhātithi (P. 140, l. 26) — ‘Kratupuruṣobhayadharmatā’ — Details prescribed in the Veda have been grouped under three heads — (1) puruṣārtha, (2) kratvartha and (3) kratupuruṣobhayārtha.

(1) The Darśapūrṇamāsa sacrifices belong to the puruṣārtha class, as they accomplish something agreeable and desirable for the agent; —

(2) all material substances and their purifications and preparations are kratvartha, as they are directly helpful in the accomplishment of the sacrifice; —

(3) certain things come under both categories; e.g. Curd is mentioned in one place simply as a substance to be offered, where it is only kratvartha; while in another place, it is mentioned as the substance to be offered for the sake of one who desires efficient sense-organs, in which case it becomes puruṣārtha. (See Prābhākara Mīmāṃsā, pp. 197-199).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra, 2-5-19. — ‘The Teacher who does not lose control over his mind, his speech, his nose, his ears, his eyes, his tactile organ, his generative organ, and his stomach, attains immortality.’

 

 

VERSE 2.161

Section XXVI - Chastisement of Pupils

 

नारुन्तुदः स्यादार्तोऽपि न परद्रोहकर्मधीः ।
ययाऽस्योद्विजते वाचा नालोक्यां तामुदीरयेत् ॥१६१॥

nāruntudaḥ syādārto'pi na paradrohakarmadhīḥ |
yayā'syodvijate vācā nālokyāṃ tāmudīrayet ||161||

 

Even though pained, one should not (use such words as) cut to the quick; he should not do, or think of, injury to others; he should not utter words by which others are pained, and which (therefore) will obstruct his passage to (higher) regions. — (161)

 

Medhātithi’s commentary (manubhāṣya):

This is another duty laid down for man in relation to ordinary life.

‘Aruntadaḥ (?)’ means that which cuts — ‘tudati’ — the ritats (?) — ‘arūṃṣi’; i.e., affecting the vitals; — he who utters such words — i.e., such words of chiding as are extremely painful, — is called ‘aruntudaḥ.’

‘Pained’; — even though pain may have been indicted on him by the other person, he should not utter unpleasant words.

Similarly ‘injury to others’ is ‘harming others’; and one should not do an act conducive to it; nor should he think of it.

Or, ‘paradrohakarmadhīḥ’ may he taken to mean ‘think of doing injury to others.’

Such words by which — even though uttered in joke — other persons are pained — one should not utter.

Even a part of the sentence uttered by one should not he so disagreeable; for even portions of sentences may become indicative of unpleasant notions, through the force of their meaning, the particular context (occasion) and so forth.

One should not utter such words as they are ‘alokyā,’ — i.e., obstructing his passage to the heavenly regions.

 

Explanatory notes by Ganganath Jha:

Compare with this, Mahābhārata (13.104-31) — Vidura’s advice to Duryodhana —

nāruntudaḥ syānna nṛśaṃsavādī
na hīnataḥ paramabhyādadīta ||

Medhātithi (P. 147, 1. 13) — ‘Arthaprakaraṇādinā’ — cf. Kāvyaprakāśa.

arthaḥ prakaraṇaṃ liṅgaṃ vākyasyānyasya sannidhiḥ |

yo'rthasya nyārthadhīhetuḥ etc., etc.

 

Comparative notes by various authors:

Gautama, 2-25. — ‘One should avoid harsh speech.’

Gautama, 90.50-51. — ‘Ever harmless, kind, firm in his actions, self-controlled and charitable; the Accomplished Student who behaves thus never falls from the regions of Brahman.’

Āpastamba-Dharmasūtra, 1.1-15. — ‘One should bear no malice towards him.’

Āpastamba-Dharmasūtra, 1.3.23-24. — ‘Free from anger, free from jealousy.’

Baudhāyana, 3 3-19. — ‘He shall not seek to injure insects and mosquitoes.’

Viṣṇu (96.19-20). — ‘He should avoid exaggerations; he should not show disrespect towards any one.’

 

 

VERSE 2.162 [Equanimity under Ill-Treatment]

Section XXVII - Equanimity under Ill-Treatment

 

सम्मानाद् ब्राह्मणो नित्यमुद्विजेत विषादिव ।
अमृतस्येव चाकाङ्क्षेदवमानस्य सर्वदा ॥१६२॥

sammānād brāhmaṇo nityamudvijeta viṣādiva |
amṛtasyeva cākāṅkṣedavamānasya sarvadā ||162||

 

The Brāhmaṇa should ever shrink from reverence, as prom poison; and he should always seek for disrespect, as for nectar. — (162)

 

Medhātithi’s commentary (manubhāṣya):

When the student goes to beg for food, or when the teacher is teaching at home for livelihood, — if he fails to win reverence, he should not allow his mind to be perturbed by it; on the other hand, ‘he should shrink from reverence’; i.e, if what is given to him is given with due respect, he should not regard it as sufficient (simply on that account).

‘Like nectar,’ ‘he should a lways seek for disrespect,’ — ill-treatment. The genitive ending has been used (in ‘avamānusya’) by imposing upon the root ‘ākāṅkṣa’ the sense of the root ‘iṅ’ with the preface ‘aḍhi,’ i.e., the sense of thinking of; and thus bringing it under Pāṇini’s sūtra 2.3.52, by which the root ‘iṅ’ with ‘aḍhi,’ governs the genitive. It is on the basis of this similarity that ‘anxiety’ is present in both (desire and thought).

“But what is not offered with respect should not be eaten.”

True; but what the present verse does is to prohibit the perturbation of mind; and.it does not mean tbat food offered with disrespect should be eaten. The sense of all this is that one should look equally upon respect and disrespect; and not that he should actually hanker after disrespect.

Further, the Religious Student may accept even such food as is offered with disrespect; for it is not a regular gift, and hence, does not come under 4.235, where the receiving of gifts offered without respect is decried. — (163)

 

Explanatory notes by Ganganath Jha:

(verses 162-163)

Āpastamba-Dharmasūtra, 1.13.4. — ‘If overjoyed, he becomes arrogant; when arrogant, he transgresses Dharma; and transgression of Dharma leads to hell.’

 

 

VERSE 2.163

Section XXVII - Equanimity under Ill-Treatment

 

सुखं ह्यवमतः शेते सुखं च प्रतिबुध्यते ।
सुखं चरति लोके'स्मिन्नवमन्ता विनश्यति ॥१६३॥

sukhaṃ hyavamataḥ śete sukhaṃ ca pratibudhyate |
sukhaṃ carati loke'sminnavamantā vinaśyati ||163||

 

One who is scorned sleeps in comport and wakes up in comfort and goes about in the world in comport; it is the scorner that perishes. — (163)

 

Medhātithi’s commentary (manubhāṣya):

The present verse is commendatory of the injunction contained in the preceding verse, and it serves the purpose of indicating the result proceeding from what has been enjoined.

He who is not perturbed by dishonour or scorn ‘sleeps in comfort’: otherwise he would be burning with resentment and would not get any sleep; and on waking up, he would still be thinking of the dishonour, and would find no comfort. On rising from sleep, he moves about his business in comfort.

That person however who has done the scorning perishes by that very sin. — (163)

 

Explanatory notes by Ganganath Jha:

(verses 162-163)

See Comparative notes for Verse 2.162.

 

 

VERSE 2.164 [Course and Method of Study]

Section XXVIII - Course and Method of Study

 

अनेन क्रमयोगेन संस्कृतात्मा द्विजः शनैः ।
गुरौ वसन् सञ्चिनुयाद् ब्रह्माधिगमिकं तपः ॥१६४॥

anena kramayogena saṃskṛtātmā dvijaḥ śanaiḥ |
gurau vasan sañcinuyād brahmādhigamikaṃ tapaḥ ||164||

 

Sanctified in self, the twice-born man, while dwelling with his Teacher, should, by the adoption of this course, generally accumulate sanctity for the learning of the Veda. — (164)

 

Medhātithi’s commentary (manubhāṣya):

‘Sanctified in self’ — i.e., duly initiated, — ‘the twice-born man should, by the adoption of this course, accumulate sanctity.’ ‘This’ refers to all those duties that have been laid down for the Religious Student, from verse 70 onwards. The meaning is that anena kramayogena — by the orderly carrying out of the host of injunctions, one should accumulate ‘sanctity’ — self-purification, consisting in freedom from sin; just as freedom from sin is attained by means of the Cāndrāyaṇa and other austerities, so also is it attained by means of the course of restraints and observances prescribed in connection with the study of the Veda. For this reason one should accumulate it, ‘gradually,’ — without haste, be should acquire it and go on enhancing it.

‘Course’ is ‘process’; — ‘this should be done after having done that, and so forth’; e.g., ‘Preceded by the uttering of the syllable om, etc.’ (as laid down in verse 81); and the ‘adoption’ of this is taking up of the performance.

‘For the learning of the Veda,’ — for the purpose of learning it; learning stands for the getting up of the text and understanding of the meaning. — (164)

 

Explanatory notes by Ganganath Jha:

Curiously enough Buhler’s translation omits the phrase ‘gurau vasan’, rightly rendered by Burnell as ‘while dwelling with his guru.’

‘Vedādhigamikam tapaḥ.’ — “Sanctity for the learning of the Veda” (Medhātithi); — ‘austerity consisting of Vedic study’ (Nārāyaṇa and Nandana).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra, 1.2-12. — ‘For the initiated, there is residence in the Teacher’s house, as a Religious Student.’

Vaśiṣṭha, 7.3. — ‘The Religious Student should serve the Teacher.’

Viṣṇu, 27.1. — ‘Residence in the Teacher’s House is for Religious Students.’

 

 

VERSE 2.165

Section XXVIII - Course and Method of Study

 

तपोविशेषैर्विविधैर्व्रतैश्च विधिचोदितैः ।
वेदः कृत्स्नोऽधिगन्तव्यः सरहस्यो द्विजन्मना ॥१६५॥

tapoviśeṣairvividhairvrataiśca vidhicoditaiḥ |
vedaḥ kṛtsno'dhigantavyaḥ sarahasyo dvijanmanā ||165||

 

The entire Veda, along with the Esoteric Treatises, should be learnt by the twice-born person, — by means of various kinds of austerities and observances prescribed by rule. — (165)

 

Medhātithi’s commentary (manubhāṣya):

‘By means of austerities’ — such as the Cāndrāyaṇa and the like; — ‘of various kinds’ — of such diverse forms as eating only once, eating during the fourth part of the day and so forth; but without injuring the body.

‘Observances’ — such as the ‘Upaniṣad,’ (?) the ‘Mahā nāmnikā’ and so forth.

‘Prescribed by rule’ — laid down in the Smṛtis dealing with domestic rites.

By means of the above, duly performed, one should learn the entire Veda.

Some people have held that — “in the preceding verse the term ‘tapas’ stood for the duties of the Religious Student, and those same are meant by the term tapoviśeṣa in the present verse.”

But this is not right; because all those are included under the term ‘vrata’ ‘observances.’ The term ‘vrata’ stands for those restrictions that are based upon scriptures; and thus ‘vrata’ being a generic term, the Mahānāmnikā and the rest also become included under it. Hence by ‘observances’ here are meant fasting and the rest.

In connection with this verse some people have held that significance is meant to be attached to the singular number in ‘vedaḥ’; and they argue thus: —

“It is true that the affix ‘tavya’ (in the word ‘adhiganta vyaḥ’) already indicates that the injunction intends the Veda to be the predominant factor; but in view of the injunction and its subject-matter, it is clear that the Veda is really subservient to the ‘learning of its meaning’; and the subserviency of the Veda being accepted as meant, the proper examination of the injunction leads to the conclusion that the function of the pupil in regard to the Veda extends up to the learning of the meaning. The sense of the injunction thus comes to be this —

‘By means of the Veda duly studied one should learn its meaning.’ If the injunction did not mean this, the Veda could not be regarded as something to be cuff incited; anything that is cultivated or refined, is so done only as subservient to, and aiding in, something else; and as regards the Veda, it has been already found that its use lies in bringing about the knowledge of what is contained in it. If this were not so, the predominance (of the Veda), even if directly expressed, would he abandoned; just as in the case of the injunction ‘juhoti,’ the predominance of saktu is relinquished and the text is construed as ‘saktubhiḥ,’ (thus making the subordinate to the Libation). Further, the verbal root actually used in the text denotes understanding: ‘adhigamana,’ ‘learning’ (which is what is expressed by the root in ‘adhigantavyaḥ’), means knowledge, in accordance with the dictum that ‘all roots denoting motion denote knowledge’; and as for the getting up of the verbal text of the Veda, this has been already laid down before, under verse 71; so that what the present injunction does is to lay down that the said getting up of the text is to be carried on till the meaning becomes duly comprehended.

“Then again, it is just because the singular number in ‘vedah’ in this passage is regarded to be significant that the injunction herein contained is not recognised as laying down the study of several Vedas, and hence its scope is going to be extended with a view to include such study by what is going to be said later on, under 3.2.

“If then, there is to be a study of s everal Vedas, where would be the use of significance being attached to the singular number in the present verse?

“It is certainly of use; it serves to indicate that even by the study of a single rescensional text one is to be regarded as having fulfilled the injunction of ‘Vedic study,’ and that the study of several Vedas is purely optional.

“If the study of several Vedas is not actually prescribed by injunction, what lunatic would he there who would torture himself by the tattering of teeth (involved in the learning of several Vedas)?

“But there is the other injunction — ‘Having learnt the Vedas, etc.’ (3.2); this learning is for one who desires a particular reward, and this reward is Heaven. Or, if we have some assertions made in continuation of the said injunction, referring to ‘streams of butter’ or some such thing, — then these may be regarded as the reward (of learning several Vedas).

“As for the injunction of the study (of one Veda) by the Religious Student, it pertains to the learning of the meaning, and serves a perceptibly useful purpose; e.g., the knowledge of what the Veda says is found to be of use in the actual performance of religious acts; and in fact it is only the man so learned that is entitled to their performance. The learning of several Vedas, on the other band, serves a purely imperceptible purpose. If this were not so, then, the injunction of ‘Vedic Study’ having been fulfilled by the study of a single Veda, the assertion of ‘having studied the Vedas’ (3.2) would be entirely superfluous, — if it were not an injunction of learning several Vedas for the purpose of acquiring merit (an imperceptible reward).”

Our answer to the above is as follows: — How can the view here put forward be acceptable? — since there is the single injunction — ‘the Veda should be learnt’; and if this be regarded as not pertaining to an imperceptible transcendental result, — on the ground (1) that it is an injunction of sanctification, and (2) tbat it is of use only in the performance of perceptible acts — then the same can be said in regard to the study of several Vedas also; for the same conditions are present there also. And further, according to the view in question, there would be a diversity (in regard to the Veda): in one case (that of the single Veda) it would, like the injunction of fire-laying, be related to all compulsory and optional acts, through the comprehension of its meaning; while in the other (that of several Vedas), it would be directly conducive to a desirable result.

It might be argued that “the injunction of the learning of several Vedas is a distinct injunction, and it is not based upon the injunction of ‘becoming a teacher’ (as the injunction of learning one Veda is); so that it is only one who desires a particular reward that is entitled to the former.”

But this is not right; as a matter of fact, it is not a distinct injunction at all; there is only one injunction bearing upon the question, — viz., ‘ The entire Veda should be learnt’; and what the other passage — ‘Having learnt the Vedas, etc.’ (3.2) — does is to restrict the number of Vedas learnt to three only, in view of the possibility of the idea being entertained that the singular number (in the injunction ‘the Veda should be learnt’) not being meant to be significant, one might study as many recensional texts as he could, — five, six, even seven. Then again, in the passage under question (3.2) we do not find the injunction in the form ‘one should learn,’ the actual words of the injunction being ‘O should enter the state of the House-holder.’

Then again, what has been said above iu regard to significance being attached to the singular number in ‘Vedaḥ’ is absolutely incoherent. Such significance should be based upon direct injunction, and not merely upon argument and reasoning; and in the case in question what the Injunction lays down is‘learning for the acquiring of the Vedic text,’ and the predominance of this ‘learning of the text,’ indicated by means of the two words ending with the Accusative ending, does not cease merely on the ground of its subserviency to the ‘comprehension of the meaning.’ If such reasoning were accepted, significance would have to be attached to the singular number in ‘graham’ (in the passage ‘graham sammārṣṭi,’ ‘wash the cup,’); for the cup, even though the predominant factor, does become subservient to the ‘washing’; but no such subserviency is directly expressed by word, — as there is in the case of the passage ‘grahair-juhoti,’ where the words directly express the subserviency of the ‘cups’ to the ‘Homa.’ Thus it is clear that the predominance of ‘Vedic Study’ is distinctly indicated by the direct denotation (of the Accusative ending), and also by Injunction; and the predominance being thus expressed, no significance can be attached to the singular number.

“Well, if the purposes of the injunction of ‘Vedic Study’ are accomplished by the getting up of a single Veda, it behoves you to point out the use of learning several Vedas.”

This we shall explain under Chapter III.

“If the Injunction of Vedic Study extends up to the learning of the meaning also, then, even after the text of the Veda has been got up, so long as the meaning has not been learnt, there would be no cessation of the performance of such Restraints and Observances as the avoiding of honey, meat, etc. — ‘What harm is there in that?’ — It would be contrary to the usage of cultured persons: cultured persons do not avoid the eating of honey, meat, etc., after they have got up the Vedic text, even though they continue to listen to the expounding of its meaning.”

There is no force in this objection. For there is another law which says — ‘Having learnt the Veda, one should bathe’; and here ‘having learnt’ refers to the mere reading of the text, and ‘should bathe’ indicates the abandoning of all those Restraints and Observances that constitute the auxiliaries to ‘Vedic Study’; for Bathing is as much prohibited (for the Vedic Student) as Honey and Meat; so that when Bathing is permitted by the said law, it permits the use of Honey and the rest also, by reason of their association, and also on account of the prohibition of all these occurring in the same context. As for intercourse with women (which also is prohibited along with Bathing, etc., for the Vedic Student), this forms the subject of a separate prohibition — ‘With his life of continence unperturbed, etc.’, (Manu, 3-2); and the transgression of this during the time that one is learning the meaning of Vedic texts would do no violation to the Injunction of Vedic Study; for during the said time, ‘continence’ does not form a necessary factor of ‘study’; as all Restraints and Observances cease after the getting up of the text. Then again, this prohibition (of intercourse with women) is meant to fulfil some purpose for the man (and hence not compulsory); it is for this reason that in the event of transgression occurring in some way or the other, there is the expiation laid down (in 11.118) for the Vedic Student commiting adultery; and what the prescribing of this special expiation indicates is that the emission of semen being a delinquency on the part of the person who is still keeping the Restraints and Observances (as is clear from 11.120), — this case would not be met by the ordinary expiatory rites of the ‘Cāndrāyaṇa’ and the rest, laid down in connection with ‘minor sins.’

“What are the grounds for taking the expression ‘should bathe’ as figurative (and indicative of the discontinuance of Restraints and Observances)?”

Our answer is as follows: — The ‘bathing’ herein laid down could not consist of the mere washing of the body with water; for if it were so, then what is enjoined would have to be regarded as serving some transcendental purpose; on the other band, the Restraints imposed upon the Vedic Student stand in need of the mention of some time at which they could be discontinued; so that if the Injunction is taken as indicating this limit of time, it comes to supply a much-needed information.

“But these Restraints do not stand in need of any other limit; they are meant to subserve the injunction of Vedic Study; so that the fulfilment of that injunction would be their natural limit; the fulfilment of the injunction consists in the accomplishment of its object; its object is study; and the accomplishment of study is something that is easily perceived. [Hence there can be no point in taking the expression ‘should bathe’ as indicative of the limit of the Restraints and Observances.]”

This would be quite true, if the injunction of Vedic Study rested merely on what is directly expressed by it. As a matter of fact, however, its object embraces things not so expressed; for instance, the comprehension of the meaning of Vedic texts resulting from the said study is also included in the object of the said Injunction; because if it were not so, then the Injunction would fail to be sanctiftcatory in character. In fact, if the Injunction rested entirely in what is directly expressed by it, it would lose its injunctive character itself; for the injunctiveness of the Injunction consists in its urging the agent to accomplish what it denotes; and ‘what it denotes’ consists of (a) the result to be accomplished, (b) the means of accomplishing it and (c) the procedure adopted; and iu as much as all these three are expressed by a single word, none of them can be regarded as beyond what is denoted by the Injunction. Thus then, in the injunctive verb ‘udhīyīta’ ‘should study,’ the thing to be accomplished is what is determined by the verbal root ‘to study,’ — and the ‘procedure’ consists of the keeping of Restraints and Observances. As a matter of fact, this injunction, by itself, is not capable of bringing about the fulfilment of what it denotes; because in the case of every Injunction the full accomplishment of what it denotes is obtained through the execution of an object; and the execution of the object of the injunction in question is already accomplished by the force of another Injunction. For instance, for the Teacher, there is the Injunction —

‘Having initiated the pupil, he should teach him the Veda’; and as the work of ‘teaching’ cannot be accomplished without the work of ‘learning,’ the Teacher, with a view to the accomplishing of the injunction of his own duty, urges the boy to the work of ‘learning’; and it is not possible for the boy, without being urged by the Teacher, to accomplish the act, merely on the strength of his own knowledge of the injunction. From all this it follows that the act of ‘learning the Veda’ should be regarded as prompted by the injunction addressed to the Teacher. And when the act is accomplished by being prompted by that injunction, there is no need for any other injunction proscribing the pupil’s act of ‘learning.’ Thus then, being devoid of prompting force, what sort of injunctive character could belong to the Injunction in question (‘the entire Veda should be learnt’)? In face of this possibility of the Injunction losing its character, we have to look out for some such method whereby it would acquire the requisite prompting force. And the only sure way of doing this is to regard it as an injunction of embellishment. Nor would the embellishment in question be entirely useless; for it is only when the learning (of the Vedic text) has been accomplished, that the pupil derives knowledge of some sort of meaning, which latter knowledge becomes useful in the performance of all those acts (that are laid down in the Veda). From this it is clearly perceived that the Injunction in question lays down the necessity of acquiring the knowledge of the meaning of the texts that have been learnt in the course of ‘Vedic Study.’ Though from the very nature of things, the meaning of the texts becomes comprehended as soon as the texts have been heard, — yet such a comprehension is never definite and sure. Hence the prompting done by the Injunction is towards that method by which the said knowledge may become definitively certain. This certainty comes about when one has pondered over the subject and succeeded in setting aside all doubts; and the doing of this pondering is not found to be indicated by any other means of knowledge; it is certainly not prescribed by the injunction of ‘becoming a Teacher,’ — as this latter is accomplished by the learning (by the pupil) of the mere verbal text. Nor is it indicated by any visible purpose to be served by it; for what purpose of man is there which could not be fulfilled without the said pondering, — and for the fulfilling of which one would undertake it?

“Just as for one who desires to acquire landed property, the performance of the act conducive to it is likely to be taken up by chance (or whim), — the same might be the case with the pondering in question also.”

But in that case, there being no certainty regarding the whims and desires of men; it is just possible that some one might not do the pondering at all; or even if he did do it, he might not do it immediately after the learning of the Vedic text.

Thus then, this part (of study) not being indicated by any other means, it comes to be regarded as falling within the province of the Injunction in question, in accordance with the principle that that alone forms the subject-matter of an Injunction which is not got at by any other means. Since then, (a) the ‘learning of the text’ is already got at by other means, — (b) since the comprehension of the meaning which follows, by the very nature of things, upon the mere reading is uncertain and indefinite, — (c) since such comprehension serves no useful purpose, — (d) since even after the sanctificatory learning of the text has been accomplished, it is only the definite knowledge of its meaning that serves the useful purpose of helping the performance of acts, — and (e) since the said definite-knowledge is obtained only by means of pondering, — it follows that it is necessary to do this pondering during a well-defined time; and for the due accomplishment of this pondering, the Injunction in question comes to be one pointing to it as its ultimate purpose.

It is for this reason that in regard to the Restraints there arises the doubt as to whether they arc to end with the learning of the words heard from the mouth of the Teacher, or they are to go on with the enquiry into the meaning of these texts, till this is definitely ascertained, — the necessity of learning this meaning being indirectly implied. Such being the doubt, the direction that, ‘One should bathe after having learnt the Veda,’ serves to indicate the limit of the observance if the said Restraints; and since the indirect indication of this direction is equally helpful to the subject-matter in question, and to the settling of the doubtful point, it is only right to accept the said indication.

“Why is it said that the comprehending of the meaning is not directly laid down? As a matter of fact, the words used are that ‘the Veda should be learnt,’ which directly speaks of the said comprehension. In the Veda as well as in other Smṛtis, we find such directions as ‘Learns the Veda,’ and ‘The Veda should be studied.’ And since the rule laid down by Manu also is based upon those directions, its meaning must be the same as that of these directions.”

The ‘learning’ spoken of in the directions (‘tatyaḥ’) refers to that comprehension of meaning which is only indirectly implied. Or, ‘learning’ may stand for the getting up of the verbal text only; and the necessity of learning the meaning would be deduced from the reasoning expounded above. Nor is there any incongruity in the conclusion that, though the Injunction in question is one only, yet one part of it — that pertaining to its subject-matter — is prompted by the Injunction of ‘becoming a teacher,’ and another portion of it is prompted by itself. Though this involves a diversity, there is nothing wrong in this, — representing as it does, what is a mere fact.

It has been urged that “it is only right that several Vedas should be learnt for the purpose of accomplishing a transcendental result.”

We shall answer this under 3.1.

The term ‘veda’ denotes that textual rescension which consists of the collection of Mantra and Brāhmaṇa passages. But in actual usage the term ‘veda’ is applied to portions of that collection also. Hence, in order to remove all doubts on the point, the text has added the qualification ‘entire.’ As a matter of fact, the learning of a single sentence cannot be regarded as fulfilling the ‘learning of the Veda,’ for the simple reason that the other sentences also are ‘Veda,’ and the said ‘learning of the Veda’ is a sanctificatory act; just as in the case of the ‘sacrificial cups’ [the ‘washing’ of a single cup is not regarded as fulfilling the ‘cup-washing,’ which h as been proscribed as a sanctificatory act]. Still, with a view to make this quite clear, the text has added the word ‘entire.’

Others explain the term ‘entire’ as meant to include the Subsidiary Sciences. The term ‘veḍa’ itself stands for the entire collection of sentences above referred to; so that if one were to learn a single verse less than that, he would not be regarded as having ‘learnt the Veda.’ Thus (the learning of the whole Veda being implied in the term ‘Veda’ itself), the addition of the epithet ‘entire’ could only be for the purpose of including the Subsidiary Sciences. This is what h as been declared in another Smṛti also — ‘That the Veda along with its six subsidiaries shall be learnt is the duty of the Brāhmaṇa.’

“All that the present verse says is that what is called ‘Veda’ should be learnt entire; and certainly the Subsidiary Sciences are not called by the name ‘Veda’; what then is there which signifies that the Veda should be learnt along with the Sciences? As for the law — ‘the Veda with its six subsidiaries should be learnt,’ — here we find the Subsidiary Sciences mentioned by their own name; while in the present verse the adjective ‘entire’ qualifying the ‘Veda,’ — how could the Subsidiaries be included?”

Our answer is as follows: — As a matter of fact, the present verse is based upon the Śruti — ‘the Veda shall be learnt’; and it has been established that this ‘learning’ is meant to extend up to the full comprehension of the meaning; this comprehension is not possible without the help of the Subsidiary Sciences. It is thus that these sciences become included by implication; and thus the learning of Elucidations, Etymologies, Grammar and Exigetics also becomes implied by the same Injunction. For these reasons, the inclusion of the Subsidiary Sciences being admitted, it is only right that the term ‘entire be taken as indicating the same fact.

The Nirukta (Etymological Explanations) and the rest are ‘aṅgas,’ ‘parts,’ of the Veda, but not in the sense in which the hands and feet are ‘limbs’ of man’s body, being its component parts; the Subsidiary Sciences are not components of the Veda; in fact they are called ‘limbs,’ ‘aṅgas,’ of the Veda only figuratively; the sense being that without these the Veda is not able to accomplish its purposes; and hence they are as if they were ‘limbs’ of it. It is in view of this figurative signification of the term ‘Veda,’ that the adjective ‘entire’ should be explained.

‘Along with the Esoteric treatises.’ — The Upanisads are the ‘esoteric treatises.’ Though these also are ‘Veda’ they have been mentioned separately, on account of their great importance. — (165)

 

Explanatory notes by Ganganath Jha:

‘Vedaḥ kṛtsnaḥ’ — ‘One whole śākhā, including the Mantra and the Brāhmaṇa texts’ (Medhātithi, Govindarāja and Kullūka); — ‘The Veda with the Aṅgas’ (‘others’ quoted by Medhātithi, and Nārāyaṇa).

‘Rahasya’ — ‘Upaniṣads’ (Medhātithi, Govindarāja, Kullūka, and Nandana); — ‘Esoteric explanations of the Veda’ (Nārāyaṇa).

‘Tapoviśeṣa’ — ‘Fasting, Kṛcchra and the rest’ (Medhātithi, Nārāyaṇa and Nandana); — ‘the rules laid down for the observances of Students’ (‘others’ quoted by Medhātithi Govindarāja and Kullūka); — ‘Particular observances, such as feeding the horse while reading the Aśvamedha texts’ (Rāghavānanda).

‘Vrata’ — “The Mahānāmni and the rest; see Śāṅkhāyana Gṛhyasūtra I. 11-13” — Buhler.

Medhātithi — (P. 149, 1. 16) — Graham sammārṣṭi’ — See Mīmāṃsā Sūtra 2. 1. 9; and 3. 1. 13.

Ibid (pp. 149 — 150) — ‘Avokīrṇiprāyaścittam’ — prescribed in Manu 11. 118-120.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 505), where it is explained that though the adjective ‘kṛtsnaḥ,’ ‘entire,’ qualifies ‘Veda’, yet what is meant is one entire śākhā of the Veda, and not all the śākhās of a Veda; and hence the upshot is that the entire śākhā of a Veda should be studied by one who has been sanctified by the sacraments prescribed in the Gṛḥyasūtra of that śākhā to which his forefathers belonged.

Medhātithi (P. 152, 1. 1) — ‘Satyapi vedatve? — On p. 140, 1. 3, Medhātithi has given a somewhat different explanation of the separate mention of ‘Rahasya?

This verse is quoted in Aparārka (p. 76), which explains ‘adhigantavyaḥ’ to mean that ‘the verbal text as well as the meaning should be studied,’ — ‘vrataiḥ’ as ‘the observances, the avoiding of honey, meat, perfumes, garland and the like; — and in Smṛticandrikā (Saṃskāra, p. 132), which explains ‘rahasya’ as ‘Upaniṣad’ and ‘adhigantavyaḥ’ as ‘should be studied

 

Comparative notes by various authors:

(verses 165-166)

Gautama, 2.10.12. — ‘The observances begin with the Initiation; fire-kindling, alms-begging, truthfulness of speech.’

Āpastamba-Dharmasūtra, 1.5.1-5. — ‘The term tapas is applied to the observances; deviation therefrom leads to the dwindling of Knowledge and Duty; on account of deviation from the observances, no sages appear among those who are thereby degraded; whatever the man acquires from the Teacher, with his mind collected, the fruits thereof accrue to him like Brahman itself: and whatever he thinks of acquiring either by mind or speech or eyes, it comes about exactly as he wishes.’

Āpastamba-Dharmasūtra (1.12-1). — ‘Vedic study is the austerity.’

Viṣṇu (8.34-36). — ‘Thus should he learn one Veda, or two Vedas or three Vedas; and then the Vedic subsidiaries; he who, without having studied the Veda, works on other things, becomes a Śūdra, along with his offspring.’

Yājñavalkya (1.40). — ‘For the twice-born, the Veda is what is conducive to his highest good.’

Yājñavalkya (1-90). — ‘He should learn the meaning of the Veda, as also the various sciences.’

Kumārila (Vīramitrodaya-saṃskāra, p. 505). — ‘It is not right for one to study a rescensional text other than the one pertaining to himself by hereditary tradition.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 505). — ‘There should be study of one’s own rescensional text; it is only after he has studied his own text that he should study another.’

Laugākṣi (Vīramitrodaya-Saṃskāra, p. 507). — ‘He who, abandoning his own rescensional text, learns another, should be expelled from all rites performed in honour of the Gods and Pitṛs.’

Parāśara (Vīramitrodaya-Saṃskāra, p. 507). — ‘For the proper fulfilment of the rites, the meaning of the Veda should be always learnt; he who learns merely the verbal text suffers as badly as the cow in the mud; the learning of the Veda and also of the Dharmaśāstra is futile, if the meaning is not understood.’

Vyāsa (Vīramitrodaya-Saṃskāra, p. 508). — ‘Dharma cannot be learnt from any other source; as it was out of the Veda that it shone forth; therefore for the purpose of sacrifices, one should make every effort to have recourse to the Veda.’

Dakṣa (Vīramitrodaya-Saṃskāra, p. 508). — ‘The Study of Veda is fivefold — (1) learning up of the text, (2) pondering over it, (3) repeating it, (4) reciting it, and (5) teaching it.’

Śruti (Vīramitrodaya-Saṃskāra, p. 507). — ‘The Brāhmaṇa should study the Veda along with subsidiary sciences, disinterestedly.’ Śaṅkha (Vīramitrodaya-Saṃskāra, p. 511). — ‘Without having read the Veda, one should not study any other science, except the Vedic Subsidiaries.’

Harīta (Vīramitrodaya-Saṃskāra, p. 512). — ‘The Veda is the science for the Brāhmaṇa.’

Dakṣa (Parāśaramādhava, p. 306). — ‘For the second part, the study of the Veda has been prescribed.’

Kūrmapurāṇa (Parāśaramādhava, p. 307). — ‘One should then carry on the study of the Veda, to the best of his ability; one should recite it, teach it to pupils, hold it in memory and ponder over it and also look into the scriptures hearing upon Dharma and so forth.’

 

 

VERSE 2.166

Section XXVIII - Course and Method of Study

 

वेदमेव सदाऽभ्यस्येत् तपस्तप्यन् द्विजोत्तमः ।
वेदाभ्यासो हि विप्रस्य तपः परमिहौच्यते ॥१६६॥

vedameva sadā'bhyasyet tapastapyan dvijottamaḥ |
vedābhyāso hi viprasya tapaḥ paramihaucyate ||166||

 

The best of Brāhmaṇas, desiring to acquire piety, should constantly repeat the Veda; because for the Brāhmaṇa, Veda-repeating is declared to be the highest penance on earth. — (100)

 

Medhātithi’s commentary (manubhāṣya):

The repeating of the Text for the purpose of getting it up, which comes up as supplementary to the subject-matter of the context, is here re-iterated for the purpose of eulogising it, and not for enjoining it again.

The term ‘constantly’ refers to the time of study only.

The term ‘tapas,’ ‘piety,’ stands for fasting and such other bodily mortifications; but in the present context it denotes figuratively that spiritual faculty produced by the mortifications which consists in the capacity to grant boons and pronounce curses. — ‘Tapasyan’ stands for ‘desiring to acquire’ the said piety by means of bodily mortifications; the root (in ‘tapasyan’) denoting the bodily sufferings undergone in the process of acquiring. The Parasmaipada ending (in ‘tapasyan’) is justified on the ground that the participle is not intended to have the force of the reflexive-passive (in which case alone the Ātmanepada ending would be necessary, by Pāṇini’s Sūtra 3.1.88).

The second half of the verse is a recommendatory reiteration, supplying the reason for what lias been asserted in the first half.

Whatever ‘penance’ there is on the Earth, the ‘repeating of Veda’ is superior to all. This is meant to eulogise the act as leading to results similar to those brought about by all the austerities. — (166)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 307) as eulogising Vedic study; — in Vīramitrodaya (Saṃskāra, p. 509); — in Smṛticandrikā (Saṃskāra, p. 128), to the effect that ‘Vedic study’ forms the best ‘austerity — and in Nṛsiṃhaprasāda (Saṃskāra, p. 46 b).

 

Comparative notes by various authors:

(verses 165-166)

See Comparative notes for Verse 2.165.

 

 

VERSE 2.167

Section XXVIII - Course and Method of Study

 

आ हैव स नखाग्रेभ्यः परमं तप्यते तपः ।
यः स्रग्व्यपि द्विजोऽधीते स्वाध्यायं शक्तितोऽन्वहम् ॥१६७॥

ā haiva sa nakhāgrebhyaḥ paramaṃ tapyate tapaḥ |
yaḥ sragvyapi dvijo'dhīte svādhyāyaṃ śaktito'nvaham ||167||

 

It is said that that twice-born man, who, even though garlanded, recites the Veda daily to the best of his capacity, undergoes the highest penance to his very nail-tips. — (167)

 

Medhātithi’s commentary (manubhāṣya):

This is another commendatory statement pertaining to the injunction of Vedic Study contained in the Vājasaneya-Brāhmaṇa.

The construction is — ‘ā nakhāgrebhya eva.’

‘Ha’ denotes hearsay.

The term ‘highest’ having already signified the high character of the penance, the phrase ‘to his very nail-tips’ h as been added with a view to expressing the fact that the penance intended is higher even than the highest; the sense being that even though the nail-tips are insensible, yet they also are affected by the penance; the Kṛcchra and other penances, not pervading over tho nail-tips, are not productive of all that is desirable; but the penance in question reaches even those tips. This is the special praise bestowed upon the penance.

‘Tapyate tapaḥ’; — tbe augment ‘yak’ and the Ātma nepada ending are in accordance with Pāṇini 3.1.88, by which the root ‘tap’ takes the said augment and ending, when governing the noun ‘tapas.’

‘Even though garlanded.’ — One who wears a garland is called ‘garlanded,’ i.e., the man who wears a string of flowers.

This epithet indicates the renouncing of the restraints imposed upon the Religious Student. The meaning is that, even if one were to renounce the duties of the Religious Student, and yet recite the Veda ‘to the heat of his capacity,’ — as much as he can do, even though that be little, — ‘daily’ — every day, — he becomes endowed with excellent success.

This is mere praise; it does not moan that one should read the Veda after renouncing the restraints. — (107)

 

Explanatory notes by Ganganath Jha:

Cf. Śatapatha Brāhmaṇa, 11. 5. 7. 4.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 509), which adds the following Explanatory notes: — The meaning is that the man who, even though wearing the garland, — i.e. though not observing the rules and restrictions strictly, — sedulously carries on Vedic study, carries on excellent austerity ‘to the very fingertips — the particle ‘ha’ indicates that the fact stated is universally recognised. Thus the sense is that “when Vedic study, carried on without strict adherence to the rules, is conducive to excellent results, — what to say of it, when done in strict accordance with the rules.”

This is quoted in Aparārka (p. 69), which gives the Anvaya as — ‘ānakhāgrebhyaḥ tapastapyate ha’; — and in Smṛticandrikā (Saṃskāra, p. 128), which explains the meaning as one who studies the Veda to the best of his capacity performs the ‘highest austerity, to the very finger-tips it adds the notes — ‘ha’ indicates that what is stated here is well-known, — ‘sragvī’, wearing a garland, i.e. even though not strictly observing the restraints and observances.

 

Comparative notes by various authors:

Baudhāyana (2. 2. 1). — ‘Always wearing the Sacred Thread, always reading the Veda...... the Brāhmaṇa falls not from the Brāhmic regions.’

Smṛtisārasamuccaya (Vīramitrodaya-Saṃskāra, p. 510). — ‘He who hears the Veda in his body is never touched by sin.’

Vyāsa (Vīramitrodaya-Saṃskāra, p. 512). — ‘Just as fire burns even wet trees, so does one knowing the Veda burn all the evil in one’s self.’

 

 

VERSE 2.168

Section XXVIII - Course and Method of Study

 

योऽनधीत्य द्विजो वेदमन्यत्र कुरुते श्रमम् ।
स जीवन्नेव शूद्रत्वमाशु गच्छति सान्वयः ॥१६८॥

yo'nadhītya dvijo vedamanyatra kurute śramam |
sa jīvanneva śūdratvamāśu gacchati sānvayaḥ ||168||

 

The twice-born man, who, not having learnt the veda, labours over other things, soon falls, along with his descendants, even while living, to the state of the śūdra. — (168)

 

Medhātithi’s commentary (manubhāṣya):

Some persons (as noted above) have explained the term ‘entire’ (of the preceding verse) to include the Subsidiary Sciences; and according to this view, it might be thought that the study of these might be taken up in any order one might choose, without any restriction; hence the present verse proceeds to lay down a definite order, — viz., the Veda should be learnt first, then the Subsidiary Sciences. Others have however taken the term ‘entire’ to preclude the possibility of men being content with the learning of parts only of the Veda; and according to these, the ‘learning of the Veda’ naturally comes up first, after the completion of the ‘Traividya’ observances (of the Upanayana) so that (what the present verse means is that) until the Veda has been learnt, the learning. of the Sciences cannot be permitted.

‘The twice-born man’ — Brāhmaṇa — ‘who, not having learnt the Veda, labours’; — devotes attention — ‘over other subjects,’ i.e., — the Subsidiary Sciences, or treatises on Reasonings — ‘falls, even while living, to the state of the Śūdra’ — ‘soon’ — quickly, — ‘along with his descendants’; — i.e., accompanied by his son, grandson and other descendants.

‘Labour’ — is great effort. Since the absolute prohibition of labour over the study of the Sciences cannot be intended, all that is meant is that these latter are to be studied during the time available, after the Veda has been learnt.

The mention of ‘falling to the state of the Śūdra’ is meant to express excessive deprecation.

The use of the term ‘twice-born’ implies that the restriction herein laid down regarding the rules of study applies to only one who has gone through the Initiatory Rites; and before Initiation, the study of such Subsidiary Sciences as of Phonetics, Grammar, and the rest as are not interspersed with quotations from the Veda, is not prohibited.

“The study of the Subsidiary Sciences is implied by the Injunction of Vedic Study; and this injunction is acted up to by the boy prompted by his Teacher; so that before Initiation, there being no Teacher, how can there be a study of the Subsidiary Sciences?”

There is no force in this objection. According to the assertion — ‘the child who is taught by his father they call efficient’ — the Initiatory sanctification might be performed by the father; who, before the Initiation, will teach him the Science of Grammar and the rest. — (168)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra p. 510) as declaring the omission of Vedic study to be sinful; and adds that this text lays down directly the compulsory character of the study, which has been already indirectly indicated by the injunction of the compulsory daily duties: and the effect of this direct declaration comes to be this that the omission of the study (as a compulsory duty) involves sin; specially as for this omission special expiatory rites have been prescribed.

It is quoted in Parāśaramādhava (Ācāra, p. 49) as declaring that there is sin in the omission of Vedic study, which is a duty duly enjoined. It is interesting to note however that this assertion has come from the Pūrvapakṣin, and the Siddhānta view put forward is that what this verse is pointing to is only that ante-natal sin which is the cause of the sloth to which the omission of the study and such other duties is due; and it is added that what the due performance of the obligatory duty does is either (1) to maintain the ‘absence of sin’ or (2) to destroy the said ante-natal sin.

The same work quotes the verse again, on page 140, in support of the view that Vedic study is an obligatory duty.

The same work quotes it again in its Prāyaścitta section (p. 15) as an instance of what is meant for the male only.

The Madanapārijāta (p. 102) simply quotes it among a number of other texts laying down the thorough study of the Veda.

It is quoted in Smṛticandrikā (Saṃskāra, p. 129) to the effect that Vedic study should be the very first care of the twice-born.

 

Comparative notes by various authors:

Viṣṇu (28.36). — ‘He who, without having studied the Veda, labours over other studies, becomes a Śūdra, along with his offspring.’

Vaśiṣṭha (3. 3) — (reproduces Viṣṇu’s words).

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 511). — ‘A Brāhmaṇa without the Veda is not a Brāhmaṇa.’

Śaṅkha (Vīramitrodaya-Saṃskāra). — ‘Until one has studied the Veda, he should not study any other science, except the Vedic Subsidiaries.’

 

 

VERSE 2.169 [Meaning of Term ‘Twice-born’]

Section XXIX - Meaning of Term ‘Twice-born’

 

मातुरग्रेऽधिजननं द्वितीयं मौञ्जिबन्धने ।
तृतीयं यज्ञदीक्षायां द्विजस्य श्रुतिचोदनात् ॥१६९॥

māturagre'dhijananaṃ dvitīyaṃ mauñjibandhane |
tṛtīyaṃ yajñadīkṣāyāṃ dvijasya śruticodanāt ||169||

 

According to the directions of the Revealed Word, the first birth of the twice-born man is from the mother, the second, after the Ggirdle-tying ceremony, and the third, after sacrificial initiation. — (169)

 

Medhātithi’s commentary (manubhāṣya):

‘Mātuḥ — from the mother; — ‘agre’ — first — ‘adhijananam,’ — birth, of man.

‘The second, after the girdle-tying ceremony’; — i.e., after the Upamyana. The short vowel ‘i’ in the term ‘mauñjibandhane’ is according to Pāṇini 6-3-63, by which there is much latitude given in regard to vowels contained in proper names.

‘The third, after sacrificial initiation,’ — such as the Jyotiṣṭoma and the rest. This initiation also has been described as ‘birth’ in such passages as — ‘when the priests initiate the sacrificer, they bring about a repetition of birth.’

These arc the three births of twice-born men, described in tho Veda.

“In that case the man becomes thrice-born.”

Let that be so; as a matter of fact, the Upanayana is the basis of the name ‘twice-born’; — and it is on this name that the man’s title to the performance of Śrauta, Smārta and conventional rites is based. Tho mention of the first and third

‘births’ is simply for the purpose of eulogising the second one, which is the best of all births; [As regards the third birth] it is only the performance of sacrifices to which the uninitiated man is not entitled; while the one who has not undergone the Upanayana ceremony is not entitled to any religious act at all.

Others hold, that it is ‘Fire-kindling’ that is here spoken of as ‘sacrificial initiation,’ on the ground of its Leing the forerunner of all sacrifices. That Fire-kindling also is regarded as a ‘birth’ is shown by such passages as — ‘he who does not kindle the fire is as good as unborn.’ — (169)

 

Explanatory notes by Ganganath Jha:

Hopkins is not quite accurate in his interjectory remark — “So the twice -born has three births!” It is not every twice-born person that has three births; the third ‘birth’ belongs to only that twice-born person who is initiated for a sacrifice. Hopkins might as well exclaim in connection with the next verse — “So the twice-born has two mothers and two fathers!”

 

Comparative notes by various authors:

Vaśiṣṭha (2. 3) — (reproduces the first part of Manu).

Viṣṇu (27. 37) — (reproduces the first part of Manu).

Yājñavalkya (1. 39). — ‘For the first time, the Brāhmaṇa, the Kṣatriya and the Vaiśya are born from their mother; for the second time, out of the girdle-tying Rite (of Upanayana); it is for this reason that they have been declared to be twice-born.’

 

 

VERSE 2.170

Section XXIX - Meaning of Term ‘Twice-born’

 

तत्र यद् ब्रह्मजन्मास्य मौञ्जीबन्धनचिह्नितम् ।
तत्रास्य माता सावित्री पिता त्वाचार्य उच्यते ॥१७०॥

tatra yad brahmajanmāsya mauñjībandhanacihnitam |
tatrāsya mātā sāvitrī pitā tvācārya ucyate ||170||

 

Among these, at that Brahmic birth which is. marked by the tying of the girdle, the Sāvitrī has been declared to be his “Mother,” and the Teacher his “Father.” — (170)

 

Medhātithi’s commentary (manubhāṣya):

‘Among these’ — above-mentioned births; — that which is ‘Brahmic birth’ — i .e., U panayana — ‘which is marked by the tying of the girdle,’ — which is symbolised by the tying of the girdle made of Muñja-grass; at this ‘Sāvitrī is his mother,’ — i.e., it becomes accomplished by the expounding of the Sāvitrī-mantra. This shows that in the whole Upanayana ceremony, the expounding of the Sāvitrī is the most important factor; it is for this purpose that the child is ‘brought near’ (upa-nīyate). ‘The Teacher is his father.’

Birth is always brought about by the Father and Mother; hence metaphorically the Teacher and the Sāvitrī hare, been described as ‘father’ and ‘mother.’ — (170)

The Upanayana has been described as ‘marked by the tying of the Girdle’; and this might be understood to mean that it is on acoount of tying the girdle that the Teacher is to be honoured like the father; hence the next verse is added

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 335), as laying down that the Upanayana constitutes the ‘brahmajanma,’ ‘brahmic’ or ‘Vedic’ ‘birth.’ The compound ‘brahmajanma’ is expounded as ‘brahmaṇā vedena gāyatrīrūpeṇa janma iva,’ — i. e. the rite which is like birth, through the Brahman or Veda, in the form of Gāyatṛī; — i.e. it is a rejuvenation brought about by the sanctificatory rite. The idea of this being a ‘birth’ has been spoken of in the Śruti also — ‘Gāyatryā-brāhmaṇamasṛjat tṛṣṭubhā rājanyam jagatyā vaiśyam na kenachicchandasā śūdram — That the term ‘brahma’ (in the compound ‘brahmajanma’) does not stand for the whole Veda is made clear by the qualification ‘mauñjībandhana-chihnitam,’ ‘marked by the tying of the girdle — this tying of the girdle being done immediately after the imparting of the Gāyatrī, and not after the whole Veda has been taught It goes on to add that this same fact has been stated by Medhātithi negatively, in the passage ‘tayāhi anuktayā tanna niṣpannam bhavati, (until the Gāyatrī has been imparted, the Upanayana is not accomplished). [This passage occurs on p. 153, 1. 22 of Medhātithi, where however the reading found is tanniṣpannambhavati ‘It becomes accomplished by the expounding of the gāyatrī’ (Translation, p. 459); which is a positive, and not a negative, assertion, though the meaning is the same in both cases]. — The conclusion therefore is that the name ‘Upanayana’ pertains to the imparting of the Gāyatri-mantra.

It is quoted in Smṛticandrikā (Saṃskāra, p. 59) as supplying the reason for regarding Upanayana as a second ‘birth.’

 

Comparative notes by various authors:

Vaśiṣṭha (2.4),

Viṣṇu (28.37),

 — (reproduce the second half of Manu).

Śruti (Vīramitrodaya-Saṃskāra, p. 335). — ‘With the Gāyatrī, he created the Brāhmaṇa; with the Triṣṭup, the Kṣatriya; with the Jagatī, the Vaiśya; and the Śūdra without any Vedic verse.’

Gautama (Vīramitrodaya-Saṃskāra, p. 335). — ‘This is his second birth, whereat the Sāvitrī is the mother, and the Teacher the father

 

 

VERSE 2.171

Section XXIX - Meaning of Term ‘Twice-born’

 

वेदप्रदानादाचार्यं पितरं परिचक्षते ।
न ह्यस्मिन् युज्यते कर्म किञ्चिदा मौञ्जिबन्धनात् ॥१७१॥

vedapradānādācāryaṃ pitaraṃ paricakṣate |
na hyasmin yujyate karma kiñcidā mauñjibandhanāt ||171||

 

They call the Teacher “father,” on account of his imparting the Veda. Before the tying of the girdle, the performance of no religious act is proper for him. — (171)

 

Medhātithi’s commentary (manubhāṣya):

‘They call the teacher “Father,” on account of his imparting the Veda,’ — i.e., On account of his teaching the entire Veda, not merely of expounding the Sāvitrī. ‘Imparting’ stands for making the boy agree to pronounce the words of the Veda.

“If it be as described here, then, until the teacher has acquired the position of the father, the boy cannot obtain his second birth; and until he has become ‘twice-born,’ he would be as unrestrained in his conduct as he is prior to the Upanayana.”

In view of this difficulty the text adds — ‘before the tying of the girdle for him’ — no religious act — any act, Śrauta, or Smārta or conventional, for the acquiring of transcendental results, — is performed; i.e., he is not entitled to perform any such act. In fact it is only after his Upanayana that the boy becomes entitled to the performance of the duties of his caste and of humanity.

“How could there be any question of the boy being entitled to the performance of any such acts, when he is lacking in the requisite knowledge (prior to Initiation and Vedic Study)?”

It is in view of this that it has been declared that “the pupil is to his teacher both pupil to be taught and person to he helped in the performance of sacrifices”; [and while he is himself kicking in the requisite knowledge] he should be taught by his teacher (how to perform the acts); as it has been said above (2.69) — ‘The teacher should teach him the rules of cleanliness and right conduct.’ Says Gautama also (2.6) — ‘The restraints begin with the Upanayana.’ The business of the teacher extends up to the completion of Vedic Study. — (171)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted along with the next verse in Vīramitrodaya (Saṃskāra, p. 348); — in Vyāvahāra Bālambhaṭṭi (p. G55); — and in Smṛticandrikā (Saṃskāra, pp. 66 and 69).

 

Comparative notes by various authors:

Vaśiṣṭha (2.5). — ‘By reason of his imparting the Veda, they call the Teacher father.’

Āpastamba-Dharmasūtra (1.1.16). — ‘He gives him birth through knowledge.’

Gautama (1.10-11). — ‘This is his second birth; he from whom this is obtained is the Teacher.’

Gautama (2.1). — ‘Before the Upanayana, the boy may do what he likes, say what he likes and eat what he likes.’

Baudhāyana (2.7). — ‘Till the Upanayana, they lay no restriction on the actions of the boy.’

Vaśiṣṭha (2) — (reproduces the second half of Manu).

 

 

VERSE 2.172

Section XXIX - Meaning of Term ‘Twice-born’

 

नाभिव्याहारयेद् ब्रह्म स्वधानिनयनाद् ऋते ।
शूद्रेण हि समस्तावद् यावद् वेदे न जायते ॥१७२॥

nābhivyāhārayed brahma svadhāninayanād ṛte |
śūdreṇa hi samastāvad yāvad vede na jāyate ||172||

 

He should hot pronounce Vedic texts, apart from the Svadhā-offering; because so long as he is not born in the Veda, he is equal to a śūdra. — (172)

 

Medhātithi’s commentary (manubhāṣya):

The phrase ‘till the tying of the girdle’ has to be construed with this verse; or the intended limit may be taken as supplied by the commendatory statement contained in the second half — ‘so long as he is not born in the Veda.’

‘Brahma’ — Vedic text — ‘he should not pronounce.’ This is an instruction to the father of the boy; the sense being that he should guard the child from pronouncing Vedic texts in the same manner as ho guards him from the drinking of wine and such other acts.

Some people interpret this prohibition of pronouncing Vedic texts to indicate the propriety of learning the Subsidiary Sciences before Upanayana. They further explain the causal affix (in ‘abhivyāhārayet’) to mean that the child should not be made by his father to pronouce Vedic texts, there is no harm done if the child himself pronounces a few indistinct words of the Veda.’

But this is not right; as we read in another Smṛti — ‘He should not pronounce Vedic texts’ (Gautama, 2.5). And in the following commendatory statement also it is stated that ‘he is equal to a Śūdra,' which means that the child pronouncing Vedic texts is just as reprehensible as the Śūdra.

The term ‘svadhā’ stands for the food offered to Pitṛs; or, the term may stand for the ‘rites performed in honour of Pitṛs’.; and the term ‘svadhāninayana' means ‘that mantra by means of which the said food is offered or given’; e.g., such mantras as ‘śundhantām pitaraḥ’ and so forth. With the exception of such mantras, the boy should not pronounce any Vedic texts.

It is from this that we deduce the fact that the uninitiated boy should offer to his father libations of water, the ‘nava-śrāddha’; etc. That he is not entitled to the Pārvana and other śrāddhas follows from the fact of his still being without the ‘Fire.’ These latter shall be described under the section on ‘Piṇḍānrāhāryaka (?).’ We shall explain all this in full detail in Adhyāya III. — (172)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (I, p. 24) in support of the view that the uninitiated twice-born is like the Śūdra, and as such should not pronounce Vedic mantras except in Śrāddha; — again in the same work, on p. 795, to the same effect, where it adds the following notes: — ‘svadḥā’ is śrāddha’, and ‘svadhāninayana’ means ‘that group of mantras by which the śrāddha is accomplished’ (‘svadhā śrāddham ninīyate yena mantrajātena’); — barring this group of mantras, he shall pronounce none other; in every other case the mantra would be recited for him by a Brāhmaṇa. — The same work (II, p. 383) quotes the verse again, in support of the view that the uninitiated boy also is entitled to recite Vedic mantras at śrāddhas; — where ‘abhivyāhārayet’ is explained as ‘vadet’, should pronounce, the causal affix ‘ṇich’ being used reflexively.

Vīramitrodaya (Saṃskāra, p. 327) quotes the second line, in support of the view that whenever the twice-born person is described as having the character of the Śūdra, it is by reason of his being not entitled to Vedic Study; — again on p. 348, where it is explained that ‘equality to the Śūdra’ is a ground for the man’s not being entitled to rites involving the use of Vedic mantras; — that this is so is indicated by the particle ‘hi,’ (which means because)...... In fact whenever a twice-born person is spoken of as being like the Śūdra, what is meant is that he is not entitled to the performance of rites involving the use of Vedic mantras.

It is quoted in Vyāvahāra Bālambhaṭṭi, (p. 656); — and in Nityācārapradīpa (p. 23), as laying down the law for the uninitiated.

 

Comparative notes by various authors:

Vaśiṣṭha (2.12). — ‘In character, he should be regarded as a Śūdra, until he is born in the Veda.’

Baudhāyana (2.1.7). — ‘Until he becomes born in the Veda, he remains, in character, equal to the Śūdra.’

Gautama (2.4, 5, 9). — ‘The boy may urinate or stool as he pleases; for him there are no rules regarding water — sip-piug; he should not pronounce Vedic texts, except at offerings to Pitṛs.’

Viṣṇupurāṇa (Vīramitrodaya-Saṃskāra, p. 327). — ‘So long as the boy has not been initiated there is no harm done if he does not observe rules regarding what should or should not be eaten or what should or should not be spoken or regarding lying.’

Brahmapurāṇa (Vīramitrodaya-Saṃskāra). — ‘He may do and eat and say what he likes, short of committing degrading sins.’

 

 

VERSE 2.173

Section XXIX - Meaning of Term ‘Twice-born’

 

कृतौपनयनस्यास्य व्रतादेशनमिष्यते ।
ब्रह्मणो ग्रहणं चैव क्रमेण विधिपूर्वकम् ॥१७३॥

kṛtaupanayanasyāsya vratādeśanamiṣyate |
brahmaṇo grahaṇaṃ caiva krameṇa vidhipūrvakam ||173||

 

For the boy whose initiatory rite has been performed, instruction regarding; observances is considered desirable; as also the getting up of the Veda, in due course, according to the prescribed rule. — (173)

 

Medhātithi’s commentary (manubhāṣya):

 

VERSE 2.69 has laid down the order of sequence among Cleanliness, Right Conduct and Vedic Study: and hence the Veda should be read in that same order. The learning of the Veda having become possible after the Initiatory Rite, the present verse serves to lay down the order in which it is to be done. The boy, on being initiated, should keep the ‘Traividya’ and other observances; and then proceed to study the Veda.

‘For the boy whose Initiatory rite has been performed,’ — i.e., — for tho Religious Student — ‘instruction reagarding obser vances is considered desirable,’ — and is actually done by teachers. As a matter of fact, it is on the strength of the scriptures that the said instruction is ‘considered desirable’; hence the ‘desirability’ spoken of stands for the ‘necessity of doing’ it.

After this instruction follows the ‘getting up of the veda,’ — ‘in due order’ — as here described , — ‘according to the prescribed rule.’ — This is a reiteration, for the purpose of filling up the metre. — (173)

 

Explanatory notes by Ganganath Jha:

‘Vrata’ — ‘The Vedic vratas, of the Godāna and the rest’ (Medhātithi, Govindarāja, and Rāghavānanda); — ‘the observances and restrictive rules, such as offering fuel, the prohibition of sleeping in the day-time, and the like’ (Kullūka and Nārāyaṇa); — ‘Penances, like the Prājāpatya’ (Nandana and Nārayāṇa).

 

Comparative notes by various authors:

Āśvalāyana Gṛhyasūtra (22.1-2). — ‘Having tied the girdle, and handed over the staff, he should direct him to Religious Studentship — “Thou art a Religious Student, sip water, do your duty, sleep not during the day, study the Veda under the Teacher.”’

Yājñavalkya (2-15). — ‘The Teacher, having initiated the boy, should teach him the Veda preceded by the mahāvyāhṛtis, and instruct him regarding cleanliness and conduct.’

Gautama (2-20). — ‘The restrictions begin with the Upa nayana.’

Āpastamba-Dharmasūtra (1.2.11, 17-20). — ‘On being initiated, the boy should reside in the Teacher’s family, as a Religious Student; there is no fasting for the Religious Student desirous of acquiring knowledge; the rule for the Religious Student is that he should he entirely under the Teacher, except as regards the committing of degrading sins; he should he ever bent upon the good of the Teacher, never crossing him in speech.’

Āpastamba-Dharmasūtra (4.13, 14, 16). — ‘Morning and evening, he should fetch a jar of water; — every day he should bring fuel from the forest and keep it on the ground; — having kindled the fire and swept round it, he should lay fuel on it, morning and evening, in accordance with the instructions he receives.’

Āpastamba-Dharmasūtra (5.5). — ‘He should do such acts as might be pleasing to the Teacher.’

Viṣṇu (28.1). — ‘For Religious Students, residence in the Teacher’s house.’

Viṣṇu (2,14). — ‘The offering of the two Twilight Prayers; and after offering it, he should salute the Teacher.’

Viṣṇu (34-35). — ‘Thus he should make his own either one Veda, or two Vedas, or three Vedas; then the Vedic Subsidiaries.’

Viṣṇu (34-42). — ‘After having made the Veda his own, he should obtain the Teacher’s permission and offer him an excellent thing and then bathe.’

Viṣṇu (19.1). — ‘Him should one know as the Teacher who initiates him, teaches him the observances and teaches tho Veda.’

Gobhila Gṛhyasūtra (2.20. 33-34). — ‘Then he directs the boy — thou art a Religious Student, — fetch fuel, sip water, do thy duty, sleep not during the day.’

Gobhila Gṛhyasūtra (3. 4. 1). — ‘The Religious Student should study the Veda.’

Gobhila Gṛhyasūtra (1. 1. 7). — ‘The Religious Student having studied the Veda, should make the final offering of fuel on the fire.’

Śaṅkha (3.1-2). — ‘Having initiated the pupil, the Teacher should first of all instruct him regarding cleanliness, course of conduct, fire-tending, the offering of Twilight-Prayers. That person is the Guru who having performed all the rites, imparts to him the Veda.’

 

 

VERSE 2.174

Section XXIX - Meaning of Term ‘Twice-born’

 

यद्यस्य विहितं चर्म यत् सूत्रं या च मेखला ।
यो दण्डो यत्च वसनं तत् तदस्य व्रतेष्वपि ॥१७४॥

yadyasya vihitaṃ carma yat sūtraṃ yā ca mekhalā |
yo daṇḍo yatca vasanaṃ tat tadasya vrateṣvapi ||174||

 

That skin, that sac red thread, that girdle, that staff and that garment, which has been prescribed for one, stand during the observances also. — (174)

 

Medhātithi’s commentary (manubhāṣya):

The authors of Gṛhyasūtras have laid down certain acts called ‘observances’; such for instance as, ‘for one year one desires to get up the Veda or a part of it,’ — in which connection there are observances and vows and restraints prescribed; when one of these observances has been completed, and another is taken up, then all the rules and regulations that have been prescribed in connection with the Upanayana have to be followed.

“In that case how are the skin, etc., previously taken up to be disposed of?”

They are to be thrown into the water.

“That has been declared to be the method of disposing of things previously taken up; but of what form would be the disposal of such of those things as might have been destroyed (or lost)?”

As regards cases of loss, in as much as each of the things has its use definitely prescribed in the descriptions, it naturally follows that when one is lost, it is replaced by another; and this taking up of the latter would constitute the ‘disposal’ of the former.

‘That skin’ which has been prescribed for a particular Religious Student, e.g., ‘the skin of the Kṛṣṇa deer for the Brāhmaṇa, that of the Ruru deer for the Kṣatriya and so forth.

Similarly with the staff and other things.

All this stands ‘during the observances, also.’ In view of the context, ‘observances’ here must he taken as standing for ‘instruction regarding observances.’ — (174)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 58), which explains ‘vrateṣu’ as standing for the Sāvitrya and the rest.’

 

 

VERSE 2.175 [Rules to be observed by the Religious Student]

Section XXX - Rules to be observed by the Religious Student

 

सेवेतैमांस्तु नियमान् ब्रह्मचारी गुरौ वसन् ।
सन्नियम्यैन्द्रियग्रामं तपोवृद्ध्यर्थमात्मनः ॥१७५॥

sevetaimāṃstu niyamān brahmacārī gurau vasan |
sanniyamyaindriyagrāmaṃ tapovṛddhyarthamātmanaḥ ||175||

 

With a view to enhancing his own piety, the Rreligious Student should, while living with his Teacher, observe all these rules, — having fully subjugated all his organs. — (175)

 

Medhātithi’s commentary (manubhāṣya):

The Author is going to set forth a set of restraints and observances, in a section by themselves; and the present verse is intended to emphasise the importance of these; the sense being that what has been said before must be done, but what is coming next is even more important and conducive to superior results.

The term ‘Religious Student’ has been added in order to preclude the suspicion that a fresh section having begun here, the duties that are going to bo described are not meant for the student.

“If the text is continuing to describe the duties of the Religious Student, why should this be regards as a different section?”

Even though what are going to be described are similar in character to those that have gone before, yet there is a certain superiority attaching to them; and it is purely on the ground of this slight distinction that their?tr?eatment has been regarded as forming a different section.

The remaining words of the Text are explained as added for the purpose of making up the verse.

‘Should observe,’ — Should follow.

‘These’ — Those going to be described. The pronoun ‘this’ always refers to what happens to be uppermost in the mind.

‘Living with his Teacher’ — for the purpose of acquiring learning. The participle ‘living’ indicates permanent proximity.

‘Having fully controlled his organs’ — in the manner described above. (Verses 88 — 100.)

‘With a view to enhancing piety’; — i.e., for the purpose of that embellishment of himself which is brought about by the proper observance of the Injunction of Vedic Study. — (175)

The Author proceeds to describe the rules spoken of in the preceding verse.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 493) as laying down the necessity of observing the rules and regulations prescribed for the Student; — in Aparārka (p. 62), which explains that the particle ‘ca’ is added with a view to include those observances and restrictions that Have been prescribed'for the Religious Student in other Smṛtis; — and in Smṛticandrikā (Saṃskāra, p. 122).

 

Comparative notes by various authors:

Laghvāśvalāyana Smṛti (1.5). — ‘The Religious Student, firm in his own duty, should remain devoted to the service of the Teacher.’

Laghvāśvālāyana Smṛti (12.15-16). — ‘Then he should make the student get up the Veda on such days as are fit for study; being initiated, from that day onwards for six months, he should serve the Teacher and study the Veda in the prescribed manner.’

Vaśiṣṭha (5.2-3). — ‘Having studied either one Veda, or two Vedas, or three Vedas, — his studentship unruffled, the Religious Student should serve the Teacher.’

Vaśiṣṭha (26.18-19). — ‘As horses, without a chariot, or a chariot without horses, so is Austerity without Knowledge, and Knowledge without Austerity. Just as food mixed with honey, or honey mixed with food, is wholesome, so also are Knowledge and Austerity united.’

Gautama (3.9.5). — ‘Conducting himself thus, with senses subdued, he reaches Brahmic regions.’

Āpastamba-Dharmasūtra (1.2,11,12,19,26). — ‘After initiation, residence in the Teacher’s house...... He should never have sexual intercourse.’

Āpastamba-Dharmasūtra (4. 23, 29). — ‘He should every day safeguard the interests of the Teacher by means of virtuous and prudent acts; the Religious Student, with mind concentrated, should perform all useful acts.’

Āpastamba-Dharmasūtra (5.1, 5, 9-11). — ‘The term Austerity stands for the Restrictions; he should perform such acts as may be pleasing to the Teacher; — attentive to Vedic study, bent upon Dharma, fixed in austerity, straightforward and merciful, thus does the Religious Student become accomplished.’

Viṣṇu (27.47). — ‘The Brāhmaṇa who carries on his studentship in this manner goes to the highest place and is not born again.’

Viṣṇu (1.24). — ‘Delighting in learning the Veda, living under the Teacher, bent upon the Teacher’s good.’

Vyāsasmṛti (1.24). — ‘Being initiated, he should reside in the Teacher’s house, ever calm and collected; on a sacred day, having pronounced the Praṇava and the Gāyatrī, he should begin the study of the Veda, also the Dharmaśāstra, for the purpose of understanding cleanliness and conduct; having duly read all this from the Teacher, he should act so as to please him; in this manner should he keep the observances of his studentship. He should ever attend upon him till he completes his Veda study.’

Nārada (5.8-15). — ‘Till he has mastered the sciences, the student shall attend diligently on his Teacher; the same conduct has to be observed by him towards the Teacher’s wife and son. He shall preserve chastity and beg alms, lying on a low couch and using no ornaments. He shall go to rest after, and rise before, all persons in the Teacher’s house. He shall never come or stay without his Teacher’s bidding; his Teacher’s call he must obey without hesitation, when he is able to do so. He shall read at the proper time, when his Teacher is not averse to it, sitting on a lower seat than his Teacher, by his side, or on a bench and paying attention to what he says. Science, like the current of a stream, is constantly advancing towards the plain; therefore one studying science should be humble towards his Teacher. His Teacher shall correct him, if he is not obedient, scolding him or chastising him with a rope or with a small shoot of cane. The Teacher shall not strike him a heavy blow; nor on the head or on the chest; and he must encourage him after having chastised him. Otherwise the king shall punish the Teacher. After having completed his studies, he shall give the customary present to his Teacher and return home. Thus should be the conduct of the Student.’

 

 

VERSE 2.176

Section XXX - Rules to be observed by the Religious Student

 

नित्यं स्नात्वा शुचिः कुर्याद् देवर्षिपितृतर्पणम् ।
देवताभ्यर्चनं चैव समिदाधानमेव च ॥१७६॥

nityaṃ snātvā śuciḥ kuryād devarṣipitṛtarpaṇam |
devatābhyarcanaṃ caiva samidādhānameva ca ||176||

 

Every day, having bathed and become clean, he should make offerings to deities, Sages and Fathers, and do the worshipping of the deities and the placing of fuel. — (176)

 

Medhātithi’s commentary (manubhāṣya):

Everyday, ‘having bathed and become pure,’ — i.e., having his uncleanliness removed by bath, — ‘he should make offerings to Deities, Sages and Fathers.’ If he is already clean, he need not bathe; as the adding of the term ‘clean’ clearly shows that the ‘bathing’ here laid down is only for the purpose of cleanliness, and hence its performance is absolutely compulsory, like the ‘bathing’ to be done by the Snālaka, Accomplished Student. It is for this reason that in another Smṛti bathing has been prohibited (for the Religious Student); though this prohibition refers to bathing with clay, for purposes of personal adornment. Gautama however has prescribed actual bathing. Hence what is meant is that one should plunge into water like a stick, and he should remove dirt, etc., by rubbing the body with his hauds. Unless there is touching of an unolean thing, such dirt as arises from perspiration, or from contact with the dust contained in the clothing, etc., does not make one ‘unclean’; for the presence of such dirt is inevitable. Says the Brāhmaṇa — ‘What is dirt? Is it the skin, or hairs of the beard or penance?’ — which shows that the presence of such ‘dirt’ is conducive to spiritual merit.

“How is it known that the bathing (here laid down) is for the purposes of cleanliness?”

The present injunction cannot be taken as prompting, to the performance of divine service, a person who fulfills the two distinct qualifications of ‘having bathed’ and ‘become clean’;

(1) because as a matter of fact, one who has bathed can never remain unclean;

(2) because even for a person who has adopted cleanliness by having sipped water, etc., bathing is found to be enjoined;

(3) because we meet with such passages as ‘having bathed, sipped water, one should sip water again,’ where even for the person who has bathed a method of further cleanliness is enjoined.

From all this it is clear that what the present verse enjoins is that whenever occasion (in the shape of the contact of unclean things, etc.) arises, one should bathe, even though there be already present the ‘cleanliness’ that is generally understood as such.

Or, the present verse may be regarded as a totally independent rule, intended to prohibit bathing without special occasion arising in the shape of uncleanliness; and it is iu view of this, prohibition that we have the counter-exception — ‘one should bathe after having learnt the Veda,’ — which enjoins bathing at the end of Vedic Study (even in the absence of any uncleanlincss).

“He should make offerings to Deities, Sages and Fathers.” — By reason of the mention of ‘tarpaṇa,’ the ‘offering’ here meant appears to be that offering of water to the Deities and others which has been prescribed among the duties of the house-holder, under 3.283. The authors of Gṛhyasūtras also have declared this act as to be done, with water only; e.g., says Āśvalāyana (3.1.3) — ‘He satisfies the Deities.’ Inordinary life also this act is known as the ‘offering of water.’

The Deities to whom this offering is to be made have been enumerated by the writers on Gṛhya — vis., Agni, Prajāpati, Brahmā and so forth. The ‘tarpaṇa,’ ‘offering,’ to these does not consist of producing in them the feeling of satisfaction (which is the etymological meaning of the term ‘tarpaṇa’); it consists only in the pouring, on their behalf, of water with joined hands. Hence what is here laid down comes to be only a sacrificial offering, in which water is the substance offered. Specially as the character of ‘deity’ could not otherwise have belonged to those to whom the offering is made; for that alone has been called ‘deity’ to whom a sacrifice is offered; it is not one who becomes satisfied. The only definition of ‘deity’ that we have is — ‘Deities are recipients of hymns and recipients of offerings’; they become ‘recipients of hymns’ by becoming the objects of eulogy, and they become ‘recipients of offerings’ by becoming those to whom offerings are made. When therefore our author speaks of them as ‘tarpya,’ ‘to be satisfied,’ he uses the term in its figurative sense of ‘being recipients of the offering of water.’ The teacher and such other persons are recognised as ‘recipients’ when the cow and such things are transferred to their ownership; and the Deities also are ‘recipients.’ Thus both having the common character of ‘being recipients,’ they are described as ‘being satisfied.’ If what is laid down here meant actual ‘satisfying’ of the Deities, then this: water-offering’ would become a purely sanctificatory act; and yet no ‘Sanctification’ is possible in the case of Deities; for the simple reason that they have not been, nor are they ever likely to lie, employed; and what has never been employed, or is not likely to be employed, cannot rightly be regarded as an object of sanctification.

‘Sages,’ — i.e., those sages that happen to be one’s ‘Gotra-ṛṣis’; e.g., for those belonging to the ‘Parāśara-gotra,’ Vaśiṣṭha, Śakti and Pārāśarya would be the ‘sages’ (to whom the offering is to be made). The author of Gṛhyasūtras have however spoken of the ‘seers of Vedic Mantras’ (and not the Gotra-ṛṣis) as the ‘sages’ to whom the offering is to be made; i.e., the sages Madhucchandas, Gṛtsamada and Viśvāmitra. Since the text speaks of ‘sages’ without any qualification, it is open to us to take it as standing for both kinds of sages; but in view of the fact that the Gṛhyasūtras have specified them (as being the ‘seers of mantras’), it is only right to take these latter as meant.

‘Fathers.’ — One’s dead ancestors, — father, grandfather, etc., all Sapiṇḍas and Samānodakas. In the case of the ‘Fathers,’ the ‘offering’ is to be the actual ‘Tarpaṇa’ itself. This is going to be distinctly laid down under the rules bearing upon Śrāddha.

 

Worshiping of the Deities. — In connection with this some ancient writers have made the following observations: — “Who are these deities, whose ‘worship’ is here laid down? If they are meant to be those pninted in picture-books — figures with four arms, with a thunderbolt in the hand and so forth, — then, since ordinary men regard these as ‘images’ (which connotes unreality), they can be called ‘Deity,’ only figuratively. If, on the other hand, they are meant to be those related to hymns and offerings, — which are indicated by Vedic injunctions, and also by the words of mantras, and which are called so by persons versed in the use of words and their denotations, — such as ‘Agni,’ ‘Agni-Soma,’ ‘Mitra-Varuṇa,’ ‘Indra,’ ‘Viṣṇu,’ and so forth — then, in that case, their character of ‘Deity,’ would be dependent upon the said acts (of offering, etc.), and not upon the fact of their having any connection with the denotation (of the term ‘Deity’); and further, a particular (Deity) would be the ‘Deity’ for only that offering which is enjoined as to be offered to him; e.g., when the ‘Cake baked upon eight pans,’ is called ‘āgneya’ (dedicated to Agni), Agni becomes the ‘deity’ only of that cake, and not of that which is called ‘saurya’ (dedicated to Sūrya).”

From the above considerations the conclusion that the ancient writers have deduced is as follows: — In cases where the term cannot be. taken in its direct denotation, it is only right to take it in the figurative sense; specially as such is the actual usage. Hence the ‘worship’ enjoined in the present verse is that of images.

What the truth on this point is we shall explain below, under verse 189.

‘Placing of fuel’ — throwing into the fire pieces of wood, every morning and evening. — (176)

 

Explanatory notes by Ganganath Jha:

‘Snātvā’ — “He should bathe for cleanliness, not for pleasure; according to Gautama 2.8,2 and 9.61; Baudhāyana 1.2.3.39 and Viṣṇu 28.5”. — Hopkins.

This verse is quoted in Aparārka (p. 62); — and in Smṛticandrikā (Saṃskāra, p. 117).

 

Comparative notes by various authors:

Viṣṇu (28. 4, 5). — ‘Both times, there should he bath and fire-tending; — dipping in water like a wooden log.’

Vaśiṣṭha (7.7). — ‘With speech controlled, eating at the fourth, sixth and eighth parts of the day, — he should go alms-begging.’

Yājñavalkya (1.22). — ‘Bathing with mantras dedicated to the deity Apas, water-sprinkling, breath-control, praying to the Sun, and repetition of the Gāyatrī., — daily.’

Gautama (2.12, 14). — ‘Fire-kindling, alms-begging; — bathing in water.’

Yama (Aparārka, p. 02). — ‘With sleep, indolence, anger and his own self under control, he shall avoid sleeping and sitting on the couch, and the cleansing of the teeth; he shall sleep alone on kuśa-gass, and shall never emit his semen anywhere.’

 

 

VERSE 2.177

Section XXX - Rules to be observed by the Religious Student

 

वर्जयेन् मधु मांसं च गन्धं माल्यं रसान् स्त्रियः ।
शुक्तानि यानि सर्वाणि प्राणिनां चैव हिंसनम् ॥१७७॥

varjayen madhu māṃsaṃ ca gandhaṃ mālyaṃ rasān striyaḥ |
śuktāni yāni sarvāṇi prāṇināṃ caiva hiṃsanam ||177||

 

He should abstain from honey, meat, scent, garland, flavours, women, all fermented acids and also the killing of living creatures. — (177)

 

Medhātithi’s commentary (manubhāṣya):

‘Madhu’ — stands for the honey produced by bees. As for wine (which also is called ‘madhu’), it is an intoxicant; and hence its use is prohibited even before the Upanayana: ‘The Brāhmaṇa should ever abstain from intoxicants’ — says Gautama (2.20).

‘Meat,’ — even such as has been offered (to deities And fathers).

The term ‘scent’ stands for camphor and such other things as are of extremely sweet scent, — the name of the quality (scent) being used figuratively for things possessed of it. All highly perfumed substances are prohibited, and what is prohibited is the applying of these perfumes to the body; as for the scent itself, when it proceeds from the fragrant substance, it cannot, be checked. Nor does the prohibition apply to the case where the perfume reaches the student by chance. What is reprehensible therefore is the intentional using of fragrant incense and such things as luxury. It is for this reason that there.is nothing reprehensible in the case where the pupil is told by his Teacher to cut a Sandal-tree and the sweet smell of the wood reaches him it its natural way. It Is by reason of its being mentioned along with ‘garland’ that we take it to mean strong scent. That which is not strong enough to exhilarate the mind, — e.g., the smell of such things as Kuṣṭha, Ghṛta, Pūtidāru, etc. — is not prohibited.

‘Garland’ — flowers strung together.

‘Flavours’ — Sweet, acid and the rest.

“Since things absolutely devoid of flavour could not be eaten, living itself would be impossible (if one were to avoid all flavours).”

True; but what are prohibited are highly tasty things, like sugar. This prohibition applies also to such substances as are mixed with other things, by way of condiments. Or, the prohibition may apply to too much indulgence in too richly cooked and tasty food. To the same end we have the following saying — ‘He alone acquires learning who shuns wealth like serpent, sweets like poison and women like demonesses.’

Others explain ‘rasa,’ ‘flavour,’ to stand for the poetic emotions, Erotic and the rest; the sense being that one should not arouse his emotions by witnessing dramatic performances or listening to poetical recitations.

Others again have held the view that the prohibition applies to the pieces of sugar-cane, Dhātri and such other substances, when extracted and separated from them, — and not as contained within them.

This however is not right; the term ‘rasa’ is not known as symonymous with ‘fluid.’

As a matter of fact, what is prohibited with regard to each of the things named is its enjoyment, in whatever form this may be possible. For instance, of honey and meat, what is prohibited is the eating, and not the seeing or touching; of scent and garland, what is prohibited is using them with the idea of adorning the body, and not merely holding them by the hand; similarly in the case of women, it is sexual intercourse that is prohibited; and it is by reason of there being a fear of such’intercourse following that the author is going to prohibit later on, the looking at, and touching of, women. As says Gautama (2.16) — ‘The looking at, and touching of women (are reprehensible), for fear of its leading to actual intercourse.’

‘Fermented acids’ — such things as turn acid; that is those that turn acid either by being kept overnight, or by being mixed with other substances. Such substances are prohibited by reason of the avoiding of these being among the duties of all twice-born persons; and yet it has been re-iterated here for the purpose of including all those things that are named ‘acid’ only figuratively; it is thus that ‘harsh words’ become prohibited. Says Gautama — ‘Acid words (should be avoided).’ It is for the purpose of including all this that the author has added the epithet ‘all.’ This epithet ‘all’ is meant to refer to ‘flavours’ and ‘acids.’ It is thus that the figurative use becomes established.

Some people offer the following explanation: — “The term ‘acid’ prohibits the acid flavours, and the term ‘all’ prohibits unpleasant words.”

These people should be asked the following question: — Why cannot the epithet ‘all’ be taken as prohibiting those things that are prohibited only by implication r In this way we could obtain the prohibition of curds and like things which have turned acid. If however the prohibition (by ‘all’) be explained as referring to things whose use is possible, — then there can be no objection to it.

‘Of living creatures,’ — such as insects and fleas; the killing of these is done through childishness; hence we have the present prohibition with a view to emphasise the necessity of making special efforts to avoid it. Or, the re-iteration of the prohibition may be meant to be indicative of the fact that the avoidance of killing is auxiliary to ‘Vedic Study.’ So that the killing would involve the transgression, not only of the prohibition calculated for the benefit of the agent, but also that of the due observance of the injunction of Vedic Study.

“Why is not the same assumption made regarding the fermented acids and other things also?”

The prohibition of the acids, etc., is such as has room for it in other cases also [ e.g. Harsh words are prohibited for other people and under other circumstances also; the prohibition of killing has no such room for application, since it is necessary during sacrificial performances]. And when between two things it is found that one becomes absolutely null and void, while there is still room for the other, then preference is given to the former. — (177)

 

Explanatory notes by Ganganath Jha:

‘Rasān’ — “Molasses and the like’ (Govindarāja, Kullūka and Nārāyaṇa); — ‘clarified butter, oil and the like’ (Nandana); — ‘sweet, acid and the rest; — i.e. very richly flavoured food’ (Medhātithi, who also notes one‘other’ explanation, juices of sugar-cane, tamarind and other fruits, which he rejects); — Nārāyaṇa mentions one explanation, ‘poetic sentiments’.

This is quoted in Parāśaramādhava (Ācāra, p. 456), along with the next two verses and a half, as enumerating the things to be avoided by the Student; — in Vīramitrodaya (Saṃskāra, p. 494), which adds the notes: ‘Rasān’ stands for the juices of sugar-cane and other things; — even though Honey also is a juice, yet it has been mentioned separately in view of the heavier expiatory rites prescribed for the transgressors of the rule prohibiting it.

The verse is quoted also in Madanopārjāta (p. 39) as enumerating the things prohibited for the Student; — and in Aparārka (p. 62); — in Saṃskāramayūkha (p. 42); — and in Smṛticandrikā (Saṃskāra, p. 125), which adds the following notes: — ‘Rasa’ stands for the sugar-cane juice and the rest; though ‘madhu’ also is a ‘rasa,’ yet it is mentioned separately with a view to indicate that the taking of it involves a heavier expiation.

 

Comparative notes by various authors:

(verses 177-179)

Gautama (2.19). — ‘He should abstain from honey, meat, scents, garland and the like, sleeping during the day, anointing, riding on conveyances, applying collyrium, wearing shoes, umbrella, attachment, anger, avarice, delusion, wrangling, bathing, teeth-cleansing, rejoicing, dancing, singing, calumniating and dangers.’

Āpastamba-Dharmasūtra (1.23-26). — ‘Avoiding saline salts, honey and meat; not using scents; — he should never have recourse to sexual intercourse; — free from anger, and jealousy.’

Yājñavalkya (1-33). — ‘Honey, meat, collyrium, eating of leavings, fermented acids, woman, killing of living creatures, gazing at the Sun, indecent talk and so forth, — these he shall avoid.’

Pāraskara Gṛhyasūtra (2.5). — ‘He should avoid honey, meat, collyrium, sitting on a raised seat, approaching women, lying, taking what is not given.’

Gobhila Gṛhyasūtra (3.1,16.25). — ‘Sexual intercourse, dramatic acting, scents, collyrium, honey and meat, anger, lying, sleeping on raised bed, bathing, scratching of ground, teeth-washing, feet-washing, use of the razor, riding on conveyances yoked with bulls, wearing of shoes within the village, — he shall avoid.’

Baudhāyana (1.2.25). — ‘Dancing, singing, playing on musical instruments, scents, garlands, shoes, holding of umbrella, anointing, — these he shall avoid.’

Viṣṇu (28.11). — ‘He should abstain from śrāddhas, artificial salts, fermented acids, food kept over-night, dancing, singing, women, honey, meat, collyrium, eating of leavings, killing of animals, indecencies.’

Hārīta (Vīramitrodaya-Saṃskāra, p. 495). — ‘He shall abstain from riding on horses and elephants and oxen, walking over funeral pyres, ascending trees, much talking, passing through crevices and openings, crossing of large rivers and oceans, dangerous positions.’

Kūrma-Purāṇa (Parāśaramādhava). — ‘He shall not look at the mirror; he shall not cleanse his teeth; the leavings of his teacher also he shall use as a medicine, not with an eager longing for them.’

 

 

VERSE 2.178

Section XXX - Rules to be observed by the Religious Student

 

अभ्यङ्गमञ्जनं चाक्ष्णोरुपानच्छत्रधारणम् ।
कामं क्रोधं च लोभं च नर्तनं गीतवादनम् ॥१७८॥

abhyaṅgamañjanaṃ cākṣṇorupānacchatradhāraṇam |
kāmaṃ krodhaṃ ca lobhaṃ ca nartanaṃ gītavādanam ||178||

 

From anointing, applying collyrium to the eyes, shoes, holding the umbrella, attachment, anger, avarice, dancing, singing and playing on musical instruments. — (178)

 

Medhātithi’s commentary (manubhāṣya):

‘Anointing’ — rubbing of the head and body with butter, oil or such other oily substances.

‘Applying collyrium to the eyes — the addition of the word ‘eyes’ is only for the purpose of filling up the metre.

What is prohibited in regard to these two is the having recourse to them by way of ornamentation; and not their use as medicine. That this is so is. dear from their being mentioned along with ‘scents and garlands.’

‘Shoes’ — foot-covers made of leather; not all kinds of foot-cover.

‘Holding of the umbrella’ — either by one’s own hand or by the hand of another person; both are prohibited.

‘Kāma’ here stands for attachment; the preclusion of sexual desire being already included under the prohibition of association with women (in 177).

‘Anger’ — rage.

‘Avarice’ — selfishness. Notions of ‘I’ and ‘mine’ are the characteristics of the mind.

‘Dancing.’ — The throwing about of one’s limbs for the delectation of ordinary people, as also the acting of dramas according to the rules laid down by Bharata and others.

‘Singing’ — the exhibition of the ‘Ṣaḍja’ and other musical notes.

‘Playing upon musical instruments,' — the producing of musical sounds by means of the lute, the flute and so forth, as also the striking, to time, of such instruments as the drum, mṛdaṅga and the like. — (178)

 

Explanatory notes by Ganganath Jha:

This is quoted in Parāśaramādhava (Ācāra, p. 456); — in Madanapārijāta (p. 39); — in Vīramitrodaya (Saṃskāra, p. 494); — in Nirṇayasindhu (p. 189); — in Aparārka (p. 62); — in Saṃskāramayūkha (p. 42); — and in Smṛticandrikā (Saṃskāra, p. 125).

 

Comparative notes by various authors:

(verses 177-179)

See Comparative notes for Verse 2.177.

 

 

VERSE 2.179

Section XXX - Rules to be observed by the Religious Student

 

द्यूतं च जनवादं च परिवादं तथाऽनृतम् ।
स्त्रीणां च प्रेक्षणालम्भमुपघातं परस्य च ॥१७९॥

dyūtaṃ ca janavādaṃ ca parivādaṃ tathā'nṛtam |
strīṇāṃ ca prekṣaṇālambhamupaghātaṃ parasya ca ||179||

 

From gambling, quarelling with people, calumniating, and also lying; prom gazing at and touching of women, and prom the injuring op others. — (179)

 

Medhātithi’s commentary (manubhāṣya):

‘Gambling;’ — playing with dice. Cock-fighting, etc., are also prohibited by this, — the term ‘gambling’ being used in its most general sense.

‘Quarelling with people’; — wordy dispute, without any reason, on common matters; or asking people at random for news.

‘Calumniating.’ — Recounting the defects of other people through sheer ill-will.

‘Lying’ — describing things otherwise than what is actually seen or heard.

Every one of these words has the Accusative ending, on account of its being governed by the verb ‘should abstain from’ (in the preceding verse).

‘The gazing at and touching of women’; — ‘gazing at’ means looking intently with a view to observe the shape of limbs; ‘this part of her body is beautiful — that is not so,’and so forth.

‘Touching’ stands for embracing. These two are prohibited for fear of their leading up to sexual intercourse; and this is to be applied to the case of the young boy in some way or other.

‘Injuring of others,’ — i.e., doing harm; obstructing the fulfilment of some purpose. For instance, if he is questioned on matters relating to the marriage of girls, he should not say that a certain bridegroom is unfit, even if he be really so; he should remain quiet (say nothing), as lying has been prohibited. — (179)

 

Explanatory notes by Ganganath Jha:

‘Janavādam’ — ‘Quarelling with people’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘asking people at random for news’ (alternative suggested by Medhātithi, and Nārāyaṇa).

This is quoted in Parāśaramādhava (Ācāra, p. 456); — in Madanapārijāta (p. 39); — in Vīramitrodaya (Saṃskāra, p. 495); — in Saṃskāramayūkha (p. 42), which notes that ‘prekṣanālambhana’ of women is forbidden, lest they lead on to intercourse; — in Smṛticandrikā (Saṃskāra, p. 125), which has the same notes and adds that in ordinary crowds and other places, the seeing and touching cannot be avoided; — and in Saṃskāraratnamālā (p. 292), which explains ‘dyūta’ as gambling with dice, and ‘janavāda’ as talking of the people in general.

 

Comparative notes by various authors:

(verses 177-179)

Include Comparative notes for Verse 2.177.

Gautama (2.22.24). — ‘Looking at and touching of women should be avoided, for fear of the intercourse proceeding further; also gambling, service of low people, appropriating what is not given, killing; — also harsh words.’

Baudhāyana (1.2.23-24). — ‘Truthful in speech, modest, free from egotism; — conversing with women, only to the extent that may be necessary.’

Āpastamba-Dharmasūtra (1.3.11, 23). — ‘He should not see any dancing; he should not talk ill of people.’

Viṣṇu (28.26). — ‘He should not stay at a place where calumniating is going on.’

 

 

VERSE 2.180

Section XXX - Rules to be observed by the Religious Student

 

एकः शयीत सर्वत्र न रेतः स्कन्दयेत् क्व चित् ।
कामाद् हि स्कन्दयन् रेतो हिनस्ति व्रतमात्मनः ॥१८०॥

ekaḥ śayīta sarvatra na retaḥ skandayet kva cit |
kāmād hi skandayan reto hinasti vratamātmanaḥ ||180||

 

He should always sleep alone; nowhere should he allow his manhood to run out; by intentionally allowing his manhood to run out, hr breaks his vow. — (180)

 

Medhātithi’s commentary (manubhāṣya):

‘He should always sleep alone; nowhere should he allove his manhood to run out,’ — i.e., not even outside; intercourse with women having been already prohibited.

Next follows a commendatory statement — ‘Intentionally, etc.’ ‘Intention’ means wish...... By allowing his manhood to run — by any means — he ‘breaks’ — destroys — ‘his vow’ of studentship (continence). — (180)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 39), which explains ‘Vratam’ as ‘brahmacharyam’; — in Vīramitrodaya (Saṃskāra, p. 496); — only the first half in Parāśaramādhava (Ācāra, p. 456); — in Nṛsiṃhaprasāda (Saṃskāra, p. 46b); — and in Smṛticandrikā (Saṃskāra, p. 127), which explains ‘vratam’ as the vow of Studentship; — unintentional emission involves only an expiation, and not a breach of the vow.

 

Comparative notes by various authors:

Viṣṇu (28.48). — ‘Those Vedic Scholars who know Dharma have declared that in the case of the Brāhmaṇa under vow of studentship, intentional emission is a transgression.’

Gobhila Gṛhyasūtra (2.26). — ‘He should avoid giving vent to his organ.’

Yama (Vīramitrodaya-Saṃskāra, p. 496). — ‘Sitting and sleeping on a couch and teeth-cleansing should be avoided; he should sleep alone, on kuśa-grass, and should never emit his semen anywhere.’

 

 

VERSE 2.181

Section XXX - Rules to be observed by the Religious Student

 

स्वप्ने सिक्त्वा ब्रह्मचारी द्विजः शुक्रमकामतः ।
स्नात्वाऽर्कमर्चयित्वा त्रिः पुनर्मामित्यृचं जपेत् ॥१८१॥

svapne siktvā brahmacārī dvijaḥ śukramakāmataḥ |
snātvā'rkamarcayitvā triḥ punarmāmityṛcaṃ japet ||181||

 

The twice-born religious student, haying unintentionally dropped his manhood during a dream, should thrice recite the three vedic verses beginning with “punarmām,” after having bathed and worshipped the sun. — (181)

 

Medhātithi’s commentary (manubhāṣya):

When one renounces his vow of continence intentionally, then he has to perform the expiatory rite prescribed for the ‘Avakīrṇī’ (11.120 et. seq.); the present verse lays down what one should do when he does it unintentionally.

No significance attaches to the mention of ‘dream’; the absence of intention is the only necessary condition; and no intention can be present during dreams. Hence this same expiatory rite is to be performed in a case where, even though he may be not asleep, the flow occurs involuntarily, in the same manner as certain other fluids flow out of the body.

The sense of the verse thus is that — ‘if one drops his manhood unintentionally, he should perform this expiatory rite that he should recite the three verses, etc., etc. — (181)

 

Explanatory notes by Ganganath Jha:

‘Punarmām’ — “This verse occurs in Taittirīya Āraṇyaka 1. 30,” — Buhler.

Punarmāmaitvindriyam — Taittirīya Āraṇyaka 1. 30. Such uses of texts are frequent in the later Vedic works; e.g. the Sāmavidhāna Brāhmaṇa and the several Ṛgvidhānas,” — Burnell.

This verse is quoted in Parāśatramādhava (Prāyaścitta, p. 394), as laying down what should be done by the Religious Student, in the event of a ‘wet dream — in Madanapārijāta (p. 39); — in Aparārka (p. 1141); — in Smṛticandrikā (Saṃskāra, p. 127) as showing that unintentional emission involves only an expiation; — and in Prāyoscittaviveka (p. 462).

 

Comparative notes by various authors:

Yama (Aparārka, 11.41). — ‘The Religious Student involuntarily emitting semen during a dream shall bathe, look at the Sun and repeat the Gāyatrī a hundred and eight times.’

Viṣṇu (28.53) — (reproduces Manu’s words).

 

 

VERSE 2.182

Section XXX - Rules to be observed by the Religious Student

 

उदकुम्भं सुमनसो गोशकृत्मृत्तिकाकुशान् ।
आहरेद् यावदर्थानि भैक्षं चाहरहश्चरेत् ॥१८२॥

udakumbhaṃ sumanaso gośakṛtmṛttikākuśān |
āhared yāvadarthāni bhaikṣaṃ cāharahaścaret ||182||

 

He should fetch the jar of water, flowers, cowdung, earth and kuśa-grass, — as much as may be required; and day by day he should beg for alms. — (182)

 

Medhātithi’s commentary (manubhāṣya):

He should fetch as much of water in jars and other things as might serve the purposes of the Teacher.

This is only by way of illustration; the meaning being that he should do other household-work also, — all that is not absolutely demeaning. What this verse is meant to indicate is that the pupil should not be made to do any demeaning work, — such as touching the utensils in which food has been eaten by persons other than the Teacher himself. For as regards the Teacher himself, his service has been already prescribed in a general way.

The compound ‘yāvadarthāni’ is to be expounded as ‘yāvān arthaḥ eṣām.’

‘Day by day he should beg for alms’; — ‘alms’ here stands for a very small quantity of cooked, just enough for sustenance. It would not be right to argue that it stands for food in general (not necessarily cooked); since the generic term ‘anna’ (food) is found to be used in the prohibition coming later on (in 188) regarding ‘the food of one person’; because in view of the injunction ‘having collected the alms, he should present it to the Teacher and then eat it,’ where the bringing and eating are mentioned together, it is clear that cooked food is meant; if dry grains had been brought in, how could they be eaten forthwith? If the grain were collected and then cooked in the Teacher’s house, the food thus cooked would be one that has the alms for its source, it would not be the aims itself. In common usage also it is cooked food that is called ‘alms.’

‘Day by day.’ — “The daily begging for alms is already implied in what follows later on (in 188) — ‘He should live every day on alms.’

In 188, the term ‘every day’ has been added for the purpose of laying down the means of subsistence; while the term ‘day by day’ in the present verse is meant to preclude the possibility of some one keeping the food mixed with butter, etc., overnight and then eating it next day; the sense being that he should beg for alms and eat it day by day; and he should never beg on one day and then, having kept it over-night, eat it next day after mixing it with butter, etc — (182)

The Author next mentions the persons from whom the alms are to be begged.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśatramādhava (Prāyaścitta, p. 394), as laying down what should be done by the Religious Student, in the event of a ‘wet dream — in Madanapārijāta (p. 39); — in Aparārka (p. 1141); — in Smṛticandrikā (Saṃskāra, p. 127) as showing that unintentional emission involves only an expiation; — and in Prāyoscittaviveka (p. 462).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.4.13.14). — ‘Morning and evening he should fetch jars of water; every day fetching fuel from the forest, he should keep it on the ground.’

Āśvalāyana Gṛhyasūtra (22.5). — ‘He should beg alms morning and evening.’

Gobhila Gṛhyasūtra (5.2.27). — ‘Wearing of the girdle, begging of alms, carrying of the staff, fetching of fuel, bathing in water, and morning-salutation, — these are the daily obligatory duties.’

 

 

VERSE 2.183

Section XXX - Rules to be observed by the Religious Student

 

वेदयज्ञैरहीनानां प्रशस्तानां स्वकर्मसु ।
ब्रह्मचार्याहरेद् भैक्षं गृहेभ्यः प्रयतोऽन्वहम् ॥१८३॥

vedayajñairahīnānāṃ praśastānāṃ svakarmasu |
brahmacāryāhared bhaikṣaṃ gṛhebhyaḥ prayato'nvaham ||183||

 

The Religious Student, being pure, should fetch alms daily from the houses of persons who are not devoid of Veda and sacrifices, and who are famed for their deeds. — (183)

 

Medhātithi’s commentary (manubhāṣya):

‘Who are not devoid of Veda and sacrifices — who are equipped with Vedic learning, and perform the sacrifices to which they are entitled; — ‘not devoid’ means not without, i.e., fully equipped.

‘Famed for their deeds;’ — thoso who may not be entitled to the performance of sacrifices, but who are accustomed to meritorious acts. Or, those persons may be called ‘for their deeds’ who are content with their own means of livelihood, and do not go in for such means of living as usury and the like.

‘From the houses of’ these people ‘he should fetch alms’ — i.e., beg and bring it away.

‘Pure’ — Clean.

‘Daily’ — This is a descriptive reiteration. — (188)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 453) in support of the view that alms are to be begged only from ‘praiseworthy’ persons; — in Vīramitrodaya (Saṃskāra, p. 381), as laying down the special qualifications of the Brāhmaṇas from whom the Brāhmaṇa Student is to beg alms; — and in Vidhānapārijāta (p. 496) in support of the view that even among people of his own caste, alms should be begged only from the houses of specially qualified men.

This is quoted in Aparārka (p. 59); — in Saṃskāramayūkha (p. 60); — in Saṃskāraratnamālā (p.

288), which adds the following notes: — Those who are not devoid of the knowledge of one or two or three Vedas, — those who have not omitted to perform the sacrifices, — and those who are carrying out in a praiseworthy manner all the duties prescribed for them, — from the house of such parsons, the Brahmacārī — ha who is keeping the vows for the sake of Vedic study — keeping all the restraints and observances — should daily obtain ‘alms’ — ‘bhaikṣam’ being a collective noun; — and in Smṛticandrikā (Saṃskāra, p. 109).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (1.3.1). — ‘All that he obtains he should present to the Teacher, going out pot in hand, morning and evening, for begging alms from all except those that are considered unfit for this purpose and also those of ill-repute.’

Baudhāyana. (1.2.19). — ‘Persons to be begged from are the Brāhmaṇa and the rest, who are firm in their duties.’

Gautama (2.42). — ‘Alms-begging should be done from all castes, except from those who are accused or outcast.’

Viṣṇu (29.9). — ‘Alms-begging should be done from qualified persons, except from the teacher’s family.’

Viṣṇu (Vīramitrodaya-Saṃskāra, p. 482). — ‘Alms should be begged from the good people among Brāhmaṇas, Kṣatriyas and Vaiśyas who are firm in their duties; from all four castes in times of distress.’

Yājñavalkya (1.29). — ‘For his own subsistence, he should beg alms from irreproachable Brāhmaṇas.’

Vyāsa (Vīramitrodaya-Saṃskāra, p. 482). — ‘They should daily beg alms from Brāhmaṇas, Kṣatriyas and Vaiśyas, only from the houses of people belonging to one’s own caste, or from those of all castes.’

Bhaviṣya Purāṇa (Vīramitrodaya-Saṃskāra, p. 482). — ‘In the absence of the above, he may go for alms to the entire village, with the exception of the Caṇḍāla.’

Aṅgiras (Vīramitrodaya-Saṃskāra, p. 482). — ‘In the absence of any other means of subsistence, he may accept uncooked food from the Śūdra, enough to keep him for a day and night.’

Parāśara (Vīramitrodaya-Saṃskāra, p. 483). — ‘The Renunciate and the Religious Student are entitled to cooked food only.’

Bhaviṣya Purāṇa (Parāśaramādhava, p. 453). — ‘If he does not obtain it from the right sources, he may heg from all the four castes.’

 

 

VERSE 2.184

Section XXX - Rules to be observed by the Religious Student

 

गुरोः कुले न भिक्षेत न ज्ञातिकुलबन्धुषु ।
अलाभे त्वन्यगेहानां पूर्वं पूर्वं विवर्जयेत् ॥१८४॥

guroḥ kule na bhikṣeta na jñātikulabandhuṣu |
alābhe tvanyagehānāṃ pūrvaṃ pūrvaṃ vivarjayet ||184||

 

He should not beg for food from his Teacher’s family; nor from the family of his paternal or maternal relations. But when other houses are not available, he should avoid the preceding in preference to the succeeding. — (184)

 

Medhātithi’s commentary (manubhāṣya):

Even though the Teacher’s family may fulfil the aforesaid conditions, yet ‘he should not beg for food’ from that family. ‘Kula,’ ‘family,’ stands for ‘relations’; hence one should not receive alms from the uncle and other relations of the Teacher.

‘Paternal relations’ — from the family of those related to the student on his father’s side. — ‘From his maternal relations’ — i.e., from his maternal uncle and others.

This verse should not be construed in such a way as to connect the words ‘paternal relations, etc.,’ with the Teacher; since the Teacher’s relations have all been included under the term ‘Teacher’s family.’

“From whom then is he to beg for food?”

From houses other than those here mentioned.

‘When other houses are not available’ — i.e., not possible; — when, for instance, the entire village is inhabited either by the Teacher’s family, or by his own paternal and maternal relations; and there are no other families; — or even though they are there, they do not give him alms; — then the student may beg from those just mentioned; when, others are uot available, he should first beg from his maternal relations; if these latter be not available, then from his paternal relations; and when even these arc not available, then from the Teacher’s family. — (184)

 

Explanatory notes by Ganganath Jha:

‘Vihāyasi’ — In the air, i.e. on the roof of the house (Medhātithi, Govindarāja and Kullūka); — ‘on a platform’ (Nārāyaṇa); — ‘in the open air (Nandana); — ‘in any pure place except the ground’ (Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 451), as laying down the method of ‘tending the fire’, and ‘explains it that ‘he should place the fuel somewhere in the open, not on the grouhd;’ — in Smṛtitattva (p. 936) as laying down the morning and evening offerings into the Fire; — in Vīramitrodaya (Saṃskāra, p. 448), where ‘dūrāt’ is explained as from a spot not owned

 

Comparative notes by various authors:

Gautama (2.44-45). — ‘Food should be begged from the house of the Ācārya, or one’s relations, or the Guru; from one’s own family, only in the event of its not being obtained elsewhere, — the succeeding one of these being preferred to the preceding.’

 

 

VERSE 2.185

Section XXX - Rules to be observed by the Religious Student

 

सर्वं वापि चरेद् ग्रामं पूर्वौक्तानामसम्भवे ।
नियम्य प्रयतो वाचमभिशस्तांस्तु वर्जयेत् ॥१८५॥

sarvaṃ vāpi cared grāmaṃ pūrvauktānāmasambhave |
niyamya prayato vācamabhiśastāṃstu varjayet ||185||

 

In the event of al the afouesaid being not available, he may wander over the whole village, remaining pure and having his speech well-controlled; but he should avoid persons of ill-repute. — (185)

 

Medhātithi’s commentary (manubhāṣya):

‘All the aforesaid’ — i.e., those not devoid of the Veda and sacrifices and so forth — ‘being unavailable’; — ‘wander over the whole village’; — he may go over the whole village, irrespectively of caste and other distinctions, for the purpose of obtaining his means of subsistence. Only ‘he should avoid persons of ill-repute’ — i.e., those who are known to have committed serious sins, even though they may never have been seen to commit them; Says Gautama (2-35) — ‘The begging of alms may be done from all castes, save the disreputable and the fallen.’

‘Having his speech well-controlled’; — i.e., till he obtains the alms, he should not utter any words save those used in the actual begging. — (186)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (p. 60), which adds that the prohibition of the ‘abhiśasṭa’ naturally implies that of the ‘patita’ ‘outcast’, also; — and in Smṛticandrikā (Saṃskāra p. 110), which says that this does not sanction begging from a Śūdra.

 

Comparative notes by various authors:

Gautama (2.42). — ‘Food should be begged from all castes, except from the outcasts and persons of ill-repute.’

Āpastamba-Dharmasūtra (1.3.25). — ‘Pot in hand, one should beg for food from qualified Brāhmaṇas, excepting the Teacher’s house; and avoiding those unfit and of ill-repute.’

Bhaviṣya Purāṇa (see under 183).

Aṅgiras (Parāśaramādhava, p. 453). — ‘From the Śūdra he shall accept only raw food, that also just enough for one night.’

 

 

VERSE 2.186

Section XXX - Rules to be observed by the Religious Student

 

दूरादाहृत्य समिधः सन्निदध्याद् विहायसि ।
सायं।प्रातश्च जुहुयात् ताभिरग्निमतन्द्रितः ॥१८६॥

dūrādāhṛtya samidhaḥ sannidadhyād vihāyasi |
sāyaṃ|prātaśca juhuyāt tābhiragnimatandritaḥ ||186||

 

Having fetched fuel-sticks from a distance, he should place them in the air; and with these he should, without fail, make offerings to the fire, morning and evening. — (188)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘distance’ is meant to stand for such plots of land as are not owned by any one; for instance, the forest is ‘distant’ from the village, and it is not owned by any one. If such were not the meaning, and ‘distance’ simply meant ‘remote places,’ — then since the exact degree of remoteness is not specified, the manning of the injunction would remain indefinite.

‘Having fetched’ — having brought.

‘Should place’ — should keep.

‘In the air’ — i.e., on the roof of the house; no placing is possible in the open air, without some support.

‘With these he should make offerings morning and evening.’

The fetching of the fuel may he at that or at any other time, according as the student pleases.

Some people regard the ‘placing in the air’ as serving some transcendental purpose. Others have however held that the fuel brought fresh from the tree is wet; and hence it is necessary to place it either on the top of the house or on that of a wall, etc. (for the purpose of drying). — (186)

 

Explanatory notes by Ganganath Jha:

‘Vihāyasi’ — In the air, i. e. on the roof of the house (Medhātithi, Govindarāja and Kullūka); — ‘on a platform’ (Nārāyaṇa); — ‘in the open air (Nandana); — ‘in any pure place except the ground’ (Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 451), as laying down the method of ‘tending the fire’, and ‘explains it that ‘he should place the fuel somewhere in the open, not on the grouhd;’ — in Smṛtitattva (p. 936) as laying down the morning and evening offerings into the Fire; — in Vīramitrodaya (Saṃskāra, p. 448), where ‘dūrāt’ is explained as from a spot not owned by any one’; — in Vidhānapārijāta (p. 498), where vihāyasi is explained as ‘antarīkṣe’ ‘in the open air — in Madanapārijāta (p. 24), where ‘dūrāt’ is explained as ‘from a spot not owned by any other person’, and ‘vihāyasi’ as ‘maṇḍapādau’ ‘oh an altar or some such place’; — in Saṃskāramayūkha (p. 43), which says that, according to Dharmaprakāśa, ‘vihāyasi’ means ‘on the house-top’; — in Smṛticandrikā (Saṃskāra, p. 86), which explains dūrāt, as ‘from places not belonging to any person’, and vihāyasi as ‘on the house-top’, — and in Nṛsiṃhaprasāda (Saṃskāra, p. 34a).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.4.16). — ‘Having kindled fire and swept the place, he should lay fuel on it, morning and evening, in accordance with instructions received.’

Āpastamba-Dharmasūtra (Vīramitrodaya-Saṃskāra, p. 448). — ‘He should not go for fetching fuel in the evening.’

Viṣṇu (28.4). — ‘Both times, bathing and fire-tending.’

Āśvalāyana Gṛhyasūtra (2.22.6). — ‘Morning and evening, he should fetch fuel.’

Pāraskara Gṛhyasūtra (2.5.9) — ‘Without causing injury, he should fetch fuel from the forest, lay it on the fire and then utter speech.’

Gobhila Gṛhyasūtra (3-2-27). — ‘Girdle-wearing, alms-begging, staff-carrying, fuel-fetching, water-bathing, morning salutation, — these are the daily compulsory duties.’

Baudhāyana (1.2.54). — ‘Therefore, the Religious Student should fetch fuel.’

Āpastamba (Vīramitrodaya-Saṃskāra, p. 448). — ‘Some people say that Fire-kindling should be done in the evening only.’ Laugākṣi (Do.) — (same as above).

Baijavāpa (Do.). — ‘Before sunset, and also in the morning, going northward, without causing injury, he should fetch fuel, — wet, if desirous of food; dry, if desirous of Brahmic glory; both, if desirous of both.’

Vāyu-purāṇa (Parāśaramādhava, p. 452). — ‘The fuel should he of Palāśa; in the absence of that, Khadira or Śamī or Rohitaka or Aśvattha; and in the absence of these, Arka and Vetasa.’

 

 

VERSE 2.187

Section XXX - Rules to be observed by the Religious Student

 

अकृत्वा भैक्षचरणमसमिध्य च पावकम् ।
अनातुरः सप्तरात्रमवकीर्णिव्रतं चरेत् ॥१८७॥

akṛtvā bhaikṣacaraṇamasamidhya ca pāvakam |
anāturaḥ saptarātramavakīrṇivrataṃ caret ||187||

 

He who, without being ill, omits for seven days, to beg alms and to offer fuel to the fire, shall perform the rites prescribed for the Avakīrṇin. — (187)

 

Medhātithi’s commentary (manubhāṣya):

‘He who, for seven days’ — consecutively, ‘has omitted to beg alms and to offer fuel to the Fire, — without being ill’ — while not suffering from any disease, — ‘shall perform the rites prescribed for the Anakīrṇin’; — i.e., the expiatory rite the exact form of which is going to he described in Chap. 11?. (verse 118).

This is said here only for the purpose of showing the gravity of the offence; and it does not mean that the rite mentioned is to he actually performed in expiation of the omission. That this is so is shown by the fact that another Smṛti has laid down a much simpler expiation for this omission, viz.: ‘offering of clarified butter, etc.’ The following fact also is another indicative of the same conclusion: — If what is mentioned here were a real expiatory rite, then on the occasion of mentioning the conditions under which the ‘Amkīrṇin-rite’ are to be performed as an expiatory rite, the author would have mentioned these omissions also, in the same way in which he has mentioned ‘sexual intercourse with women.’

Some people interpret this verse to means as follows: — “It is necessary to do the two acts (of begging alms and offering fuel) for seven days only; having done them for seven days, if one drops them, there is no harm in this; and these seven days are to be the first ones after Upanayana.”

This however is not right; as it would lie in direct contravention to the direction that ‘this should be done till the Final Return from the teacher’s house,’ — as also to what follows in the next verse. — (187)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 438) as laying down the Avakīrṇivrata (actually prescribed in 11.118 in connection with the loss of chastity on the part of the Student) as applicable to other omissions also; — in Vīramitrodaya (Saṃskāra p. 485), in support of the view that the Begging of Alms is not optional, but compulsory, since the present verse prescribes an expiation for its omission, which clearly implies that the omission is sinful; — in Vidhānapārijāta (p. 498) to the effect that the omission of Begging alms involves sin; and again on page 500, where it is explained that the expiation here prescribed is to be performed in the event of repeated omissions; — and in Mitākṣarā (p. 1345, on 3. 281), where it is explained as laying down an expiation for those cases where the duty of ‘fire-tending’ is omitted without any such extenuating circumstance as being occupied with some other duty.

Nirṇayosindhu (p. 190) quotes it as laying down the expiatory rites due on the omission of the duties laid down for the Student.

It is quoted in Aparārka (p. 1142) as laying down the expiation for omitting the said duties, without sufficient reason; — in Smṛticandrikā (Saṃskāra, p. 111) to the effect that alms-begging is an obligatory duty; — and in Saṃskāraratnamālā (p. 357).

 

Comparative notes by various authors:

Baudhāyana (1.2.5). — ‘There is sin in omitting the alms-begging, sin in the non-kindling of fire; one who omits these for seven days should perform the Avakīrṇi-vrata.’

Viṣṇu (28.52) — (reproduces Manu’s words).

 

 

VERSE 2.188

Section XXX - Rules to be observed by the Religious Student

 

भैक्षेण वर्तयेन्नित्यं नैकान्नादी भवेद् व्रती ।
भैक्षेण व्रतिनो वृत्तिरुपवाससमा स्मृता ॥१८८॥

bhaikṣeṇa vartayennityaṃ naikānnādī bhaved vratī |
bhaikṣeṇa vratino vṛttirupavāsasamā smṛtā ||188||

 

The avowed student should subsist on alms; he should not (habitually) eat the food given by one person. for the student, subsisting on alms has been declared to be equal to fasting. — (188)

 

Medhātithi’s commentary (manubhāṣya):

Objection. — “It has already been laid down that he should go about begging alms every day (183).”

What is there said would show that the begging of Alms is meant to serve the visible purpose (of sustaining the body); specially as it has been subsequently laid down that ‘having offered it to the Teacher, he should eat it’; and this ‘eating’ cannot be sanctificatory of the alms; which alone could prevent us from taking it as serving the purely visible purpose of sustaining the body.

Some people have explained that the re-iteration of the ‘daily begging of alms’ is made for the purpose of adding the further direction that ‘he should not eat the food given by one person.’

But this is not right. Since the eating of the food given by one person is precluded by the term ‘alms’ itself. ‘Alms’ stands for an aggregate of what is obtained by begging; whence then could there be any possibility of eating the food given by one person?

The conclusion on this point is that the whole rule has been re-iterated here with a view to adding (in the next verse) that such eating of the food given by one person is permissible at Śrāddhas.

‘He should subsist on alms’; — he should nourish his body — sustain his life — by means of food obtained by begging; and he should not eat food received from a single person.

The verse should not be taken to mean that “he should not eat what belongs to a single person, — he should eat what belongs to several owners; e.g., what belongs to several undivided brothers.” For the word in the text means simply ‘one who eats one food — or one person’s food.’

The term ‘Vrati’ here stands for the Religious Student; and as the fact of the rule pertaining to him is clear from the context, the addition of the word can be taken only as filing up the metre.

Next follows the commendatory statement: — ‘The subsisting — sustaining of the body — of the student on alms only has been declared to be equal to fasting.’ — (188)

 

Explanatory notes by Ganganath Jha:

The first half of the verse is quoted in Vīramitrodaya (Saṃskāra, p. 454) in support of the view that the Student should not accept food from one and the same house day after day; and adds that this is meant to apply to normal times; in abnormal times it is not meant to be strictly adhered to; this on the strength of Yājñavalkya’s declaration (1. 32.)

The same work quotes the second half of the verse on p. 485, as declaring the reward accruing to the Student from strictly following the rules of alms-begging.

The whole verse is quoted in Vidhānapārijāta (p. 498) as prohibiting the habit of seeking for food from one and the same person regularly; — in Saṃskāramayūkha (p. 61); — and in Smṛticandrikā (Saṃskāra, p. 111), which says that this refers to normal times, not to abnormal times of distress.

 

Comparative notes by various authors:

(verses 2.188-189)

Yājñavalkya (1.32). — ‘The student firm in his vow should not, except in times of distress, habitually eat food given by a single person; at a Śrāddha the Brāhmana may eat when he likes, without injuring his vow.’

 

 

VERSE 2.189

Section XXX - Rules to be observed by the Religious Student

 

व्रतवद् देवदैवत्ये पित्र्ये कर्मण्यथर्षिवत् ।
काममभ्यर्थितोऽश्नीयाद् व्रतमस्य न लुप्यते ॥१८९॥

vratavad devadaivatye pitrye karmaṇyatharṣivat |
kāmamabhyarthito'śnīyād vratamasya na lupyate ||189||

 

During a performance in honour of gods and in honour of ancestors, he may, when invited, eat freely, like an ascetic, in due accordance with his observances. by this his observances do not suffer. — (189)

 

Medhātithi’s commentary (manubhāṣya):

This verse provides an exception, under certain conditions, to the rules regarding subsisting on alms.

‘In honour of Gods’; — i.e., when Brāhmaṇas are fed in honour of the gods; and also when they are fed in honour of the fathers; — if he is ‘incited,’ requested — ‘he may eat freely’ — the food given by one person. But he himself should not ask for it.

This again should be ‘in due accordance with his observances’; i.e., he should avoid honey and meat, which are inconsistent with his observances. The two phrases — ‘in due accordance with his observances’ and ‘like an ascetic’ — express the same meaning; and it does not mean that in a village he is to eat ‘in accordance with his observances,’ while in the forest he is to eat ‘like an ascetic.’ It is with a view to filling up the metre that the two phrases have been used. [There is another reason why the phrase ‘like an ascetic’ should not he taken separately] — ‘Ascetic’ here stands for the hermit, so if the student were permitted to eat ‘like the hermit,’ the eating of meat also would become allowed for him; as the hermit is permitted to eat meat, by such rules as ‘he may eat the flesh of dead animals’ (Gautama, 3.31).

‘In honour of Gods’; — i.e., those rites of which gods are the deities; i.e., the feeding of Brāhmaṇas laid down as to be done at the performance of the Agnihotra, the Darśa-Pūrṇamāsa and the other sacrifices offered to the gods; as we find in such injunctions as ‘at the Āgrahāyaṇa and other sacrifices one should feed Brāhmaṇas and make them pronounce “svasti.”’ It is in connection with these that we have the present permission for the religious student.

Others explain the term ‘performance in honour of the gods’ to mean that feeding of Brāhmaṇas which is done in honour of the Sun-god on the seventh day of the month, and so forth.

This however is not right. For the act of eating has no connection with the gods, — being, as it is, not instrumental in the accomplishment of any sacrifice. Further, the mere fact of an act being done with reference to a god, does not make the latter the ‘deity’ of that act; if it did, then the Teacher would have to be regarded as the ‘deity’ when one gives a cow to him, and the room will have to be regarded as the ‘deity’ when one sweeps it. Then again, it is with the eater that the act of eating is directly connected; and the Sun-god has no active function in the fulfilment of that act (as the Teacher is in the former case); nor is he the thing aimed at (as the room is in the latter case); as the eating is not for his sake. Further, the accusative ending (in the term denoting food) denotes that it is meant for the eater, not that it is meant for the Sun-god. Nor has it been enjoined anywhere that ‘one should feed Brāhmaṇas for the sake of (with reference to) the Sun-god.’

It might be argued that on the basis of usage we assume the existence of such an injunction.

But this cannot be; because there is always some scriptural basis found for such assumption of injunctions.

“In the present case also we have such basis in the shape of the ‘external’ Smṛtis.”

If there were such a Smṛti-rule, its meaning would be that ‘one should please the gods by feeding Brāhmaṇas.’ And it would not be right to assume such a meaning; as scriptural injunctions are aimed, not at pleasin the Gods, but at accomplishing what is prescribed by the injunctions. Then again, if such were the meaning of the Injunction, its connection with the Sun-god and others intended to be deities could not be based either upon an object, or upon a desired result; nor again could they be the purpose, as in the case of the act of piercing; nor are they desired for their own sake, like cattle and other desirable things, for the simple reason that they are not something to be enjoyed. If it were the satisfaction of the Sun-god that were desired, — that also, will need a proof for its own existence; and there is no such proof available. Such a thing as the ‘satisfaction of the Sun-god’ is not known by Perception or other means of knowledge, — in the way that cattle, etc., are, — whereby it could be desired and connected with the performance of sacrifices.

If the motive of the man be held to be the idea that “the Sun-god is my lord and he will endow me with a fruit desired by me”; — this also cannot be accepted, as there is no proof for this either. There is no Injunction in support of this idea. It is only an Injunction that prompts to activity the person who is related to a certain well-known result, which also serves to single out the man so prompted; but it does not point to the presence of the result. What the Injunction points to is the fact that a certain act known by other means of knowledge as leading to a particular desirable result is related to the performance as his qualifying factor.

If it be held that the offering is a kind of ‘sacrifice,’ and the feeding is a kind of disposal of it, — our answer is that that may be so regarded, if such is the usage of cultured people. But the feeding cannot be shown to have any direct connection with the deity; and as for connection through the intervening agency of the sacrife, that we do not object to. Then again, as a matter of fact, when people undertake the performance of such acts, they have no idea that they are performing a sacrifice; the only idea that they have is that when the Brāhmaṇas have been fed, the particular deity would be satisfied. From all this it is clear that the Deity has no sort of action conducive to the act of feeding, nor is it the qualifying factor of any other thing that has such action. Thus then, the Deity is neither the object of the act, nor has it any connection with it. Nor again is it possible for the Sun-god and the rest to be regarded ns aimed at by the act; for in the act of feeding, it is the person fed that is aimed at; and it is the Brāhmaṇas that are fed. Further, the mere fact of being aimed at does not make one the ‘deity’; for in that case, when one gives a cow to the Teacher, or sweeps the room, the Teacher and the room would have to be regarded as ‘deities.’

“How then is there to be Brāhmaṇa-feeding at a performance in honour of ancestors? There also the fathers could not be the ‘deities’ of the act. The offerings made into the Fire could not be regarded as made in honour of the ancestor; as other deities are found to be mentioned in connection with them. And just as the ‘satisfaction of the Sun-god,’ so the ‘satisfaction of ancestors also, cannot be regarded as the result to be accomplished, by the act; for the very same reason that the connection of such satisfaction with the Injunction is not cognisable by any other means of knowledge.”

To this some people make the following answer: — The ‘satisfaction of Ancestors’ is clearly recognised (as the result to be accomplished). That such beings as the ‘Fathers’ do exist is proved by the fact of souls being imperishable; and it is only through their deeds that they become connected with physical bodies. The feeding of these ‘Ancestors’ is the principal business, of which the reward has been described in the passage — ‘feeding them, one obtains ample reward.’ This reward could only consist in the satisfaction of the Ancestors; this ‘satisfaction’ again could only be in the form of happiness, mental contentment; it could not be in the form of physical gratification which follows, in the case of men, from the act of eating. This pleasure may sometimes accrue to the fathers during the different conditions of life in which they happen to be born under the influence of their own past deeds. The verbal root ‘tṛp’ denotes only satisfaction; physical gratification is something different, and can be known only by other means of knowledge.

Against this the following objection might be raised: — “In as much as the Son is the nominative agent in the act of feeding, how could the result, which should accrue to the agent, accrue to the Ancestors, — as people versed in law do not regard actions as bringing rewards to persons other than the actual doers.”

Such an objection cannot be rightly taken. Because in this case the Ancestors themselves are the accredited agents; by the mere act of begetting the child, the father has done all this (that the son does on his behalf); in fact the son is begot for the sole purpose that he will confer on the Father benefits, seen as well as unseen. Tims then, just as in the Sarvasvāra sacrifice — where the performer offers his own life and is thus absent when the subsequent details are performed, — some other persons continue to be regarded as the ‘performer,’ by virtue of his having died after having requested the Brāhmaṇas to finish the sacrifice for him, by means of the words

‘O Brāhmaṇas, please finish the sacrifice for me’; — so would it also be in the case in question. The only difference between the two cases is tbat in the case of the Sarvasvāra, the actual doers are the hired priests doing the act with the totally different motive of earning a living, while in the case in question the doer is the son, who has been prompted by tbat same Injunction. Just as the Father performs the sacraments for his son, being prompted to it by the Injunction of begetting sons, which Injunction extends up to the final admonition addressed to the son (after Upanayana), — similarly the Śrāddha and other rites are performed, for the father by the son. Just as the maintaining of the living father is a necessary duty of the son, as laid down in (11.10A), so is it with the dead father also.

The performance of the act in question is not purely voluntary, like the Vaiśvānara sacrifice, in connection with which we read — ‘On the birth of a son, one should offer the Vaiśvānara cake baked on twelve pans; — he upon whose birth this offering is made becomes glorious, an enjoyer of food and endowed with efficient organs.’ Here we find that the Father comes to perform the Yaiśvānara sacrifice when he desires certain results for his son; and it is not compulsory, like the Tonsure and other sacramental rites. As regards the act under consideration, on the other hand, we have the direction that ‘the rite in honour of the Fathers should he performed till one’s death,’ which shows that the rite is to be performed throughout one’s life.

As regards the objection that the result of the act, according to this view, does not accrue to the doer of the act, — this is explained in a different manner: just as in the case of the Vaiśvānara sacrifice, the result, in the shape of having a highly qualified son, accrues to the father, who is the doer of the act, — so in the case in question also, the result, in the shape of the ‘Father’s satisfaction,’ accrues to the son, the doer of the act. So that in both ways — whether the result accrue to the father or to the performer of the rite, — there is no incongruity at all. For as regards the father also, a result like the one in question is one that is desired by him in the very act of begetting the child; so that the father also does not obtain a reward not desired by him.

“If the ancestors are not the ‘deities’ of the Śrāddha-rite, how can it be called ‘paitra’ (in honour of ancestors), which term has been formed by the adding of the affix denoting the deity?’”

What we say in answer to this is that the Fathers are regarded as deities on the ground of their being, like deities, the entities with reference to whom the offerings are made. The ancestors are referred to in some such form as ‘this feeding of Brāhmaṇas is done for the purpose of benefiting you.’ In the offering called the ‘Piṇḍapitṝ-Yajña,’ the ancestors are actually ‘deities but of śrāddhas, the ancestors have not been regarded as ‘deities.’ As for this feeding of Brāhmaṇas, it is on the same footing as the offerings tbat are made into the fire of portions of clarified butter, cake and such other things. And in this way the Brāhmaṇas themselves occupy the position of ancestors. Hence at the time that the food is served to them, one should think of it being offered to his ancestors, with some such expression in his mind — ‘this is offered to you, it is no longer mine.’ The Brāhmaṇas thus fed attain the position of the ‘Āhavanīya fire’ (into which libations are poured); the only difference being that into the Āhavanīya the offering is actually thrown, while it is only placed near the Brāhmaṇas, and they take it up themselves.

Nor will it be right to argue that “Śrāddhas cannot be regarded as sacrifice, as in them the syllable ‘svāhā’ is not pronounced with reference to the gods.” Because we find the same in the case of the ‘Sviṣṭakṛt’ offerings (which are regarded as sacrifice). Thus then, the Śrādḍha, even though of the nature of a ‘sacrifice,’ can be offered to Ancestors. Nor is there any incongruity in the Ancestors being the ‘deities’ (of the offering) and also the recipients of the result. We are going to explain more about this matter, which is not directly mentioned in the text, under Chapter III.

From all this it becomes established that the Sun and the other gods arc not ‘deities’ in the feeding of Brāhmaṇas.

“The definition of ‘deity’ as one who is aimed at in a sacrifice is too narrow; because as a matter of fact, we find the name ‘deity’ applied even in cases where there is no connection with any sacrifice; e.g., in such statements as — (a) ‘the worshipping of deities,’ ‘one should approach the deities.’ But neither worship, nor going forward (which is what is expressed by approaching), is possible with regard to deities.”

There is no force in this; as the worship may be taken as enjoined in connection with those cases where the deity is actually enjoined; or, it may refer to the deities as related to the Agnihotra and other sacrifices.

“Even so, the difficulty does not cease. The deity can never be the object of worship; as that would deprive it of the very character of ‘Deity’ (which has been defined as consisting in being aimed at in a sacrifice); for if it were the object of worship, it could not be the recipient of the sacrifice. It h as been declared that ‘the active agent of one act cannot be an active agent of another.’ The ‘active agent’ is a particular kind of force, and this force varies with each particular act; and as the presence of such force can be indicated only by its effects, we can reasonably assume only that much of diversity in it as there may be effects. From this it follows that what is the ‘recipient of a gift’ must remain the recipient, it cannot become the object. — ‘How then do we have such expressions as give this to the cooker, where the nominative of the action of cooking becomes the recipient, — or having his body wounded by arrows, he went away helplessly, being looked upon by the glances of his beloved, [where the object of the act of looking becomes the nominative of the act of going ].’ — The answer to this has already been explained: — such expressions become justified by the difference between the efficiency and the efficient being regarded as secondary and figurative; as is found to be the case in such expressions as ‘having eaten, he goes.’ Thus then, if the aot in question is meant to be a worship, then its object cannot have the character of the ‘Deity’; while if the Sun and the rest are ‘deities,’ then the act enjoined cannot be regarded as ‘worship.’ Nor can it be held that the Sun being well known as a ‘deity,’ the present injunction lays down its worship. Because the term ‘deity’ is not a common name of the Sun and other gods, in the way in which the term ‘go’ (cow) is of the ‘śabaleya’ and other bovine varieties.”

To the above we make the following reply: — It is quite true that the Sun and others are not, in their own form, ‘deities’; the term ‘deity’ is a relative term; and it is only from an injunction that we can learn that a certain being is the ‘deity’ of an act; the fact being that when a certain offering is enjoined with reference to a being, this latter is the ‘deity’ of that offering. It is for this reason that Agni is not the ‘deity’ of any other offering save that ‘dedicated to Agni.’ [All this is quite true] but no injunction of ‘worship’ is possible without the object to be worshipped; and deities are found to be mentioned as objects of worship. Now if the act of ‘worship’ is not possible when the term ‘deity’ is taken in its primary sense, then the ‘worship’ may be taken as being of the nature of ‘sacrifice.’ But, in the absence of any mention (in the injunction of feeding Brāhmaṇas) of the substance to be offered and the deity to whom it is to be offered, the act in question cannot acquire the character of true ‘sacrifice’; so that the text iu question may be regarded as a descriptive reference for the purpose of prescribing the ‘forenoon’ as the proper time for it; the sense being that ‘all acts in honour of the gods should be done during the forenoon.’

“Why is it said that the deity is not directly mentioned?”

For the simple reason that there is no word directly signifying any deity. The term ‘deity’ that is actually found is the common name of all deities; so that the injunction refers to the worshipping of Agni, Āditya, Rudra, Indra, Viṣṇu, Sarasvatī and so forth; and during the worship there is offering of incense, light, garland, presents and such other things. In the case of Agni; the connection with the act of worship offered is always direct; as regards Āditya (the Sun-god) since he is far off, his worship consists in the placing of sandal-paste, flowers, etc., on a clean spot; and as regards Indra and the other gods, since they are not visible, their worshipping is done by the placing of flower, etc., accompanied by a reference to their names. Though in the act of worship, the beings worshipped form the predominant factor, yet inasmuch as they are subservient to the act to be done, it is the act of worship that comes to be recognised as what should be done. If the substance offered were the predominant factor, then the Deity could never form the subject of the injunction. All this is made clear in Jaimim’s Mīmānsā-Sūtra, 2.1.6 and 7. The view put forward on the other hand is perfectly reasonable, the case being analogous to that of the Hymns and Eulogies. The Hymn is not made for the sake of the hymn itself; so the worship also is not for the sake of the worshipped. If might be argued that Hymns and Eulogies are not mentioned here by name. But the answer to this has already been given. The accusative has the sense of the instrumental, as in the expression ‘juhoti,’ where ‘saktūn’ has been taken as ‘saktubhiḥ.’

Similarly the sentence ‘mṛdam gām daivatam pradakṣiṇāni kurvīta,’ — ‘one should have the clay, the cow, the deity to his right,’ — lays down the use of the right hand; the sense being that all acts done in honour of the gods should be done with the right hand; the passage cannot mean that the deities ensouling the clay, etc., should be actually placed on the right; for the simple reason that the deities have no physical form.

The same holds good regarding the injunction ‘one should move up to the gods.’ Since it is not possible for one to go near the gods by walking on foot, and since the root ‘gam’ (as in ‘abhigāccet’) signifies knowledge, why should ‘abhigamana’ differ from Remembrance? The sense thus is that during the act one should think of the gods; i.e., he should avoid all anxiety or distraction of the mind. In this way this Smrti is found to be one whose basis is actually found in the Vedic Injunction, which says — ‘One should think in his mind of that deity to whom he may be offering the libation.’

“But this thinking of the deity is already implied in the aiming (which has been put forward in the definition of the Deity), — which cannot be done without thinking.”

This objection has no force; as mere aiming can be done also by a man who is anxious and whose mind is distracted.

Thus then all suoḥ expressions as ‘the property of the gods,’ ‘the cattle of the gods,’ ‘the substance of the gods’ and the like are to be taken as referring to such cattle and things as hare been assigned to (dedicated to) the gods. Some people have held that in the seotion dealing with penalties to be inflicted upon persons stealing the ‘property of gods,’ it is the image of the god that is meant; as otherwise the regulations bearing upon the subject would become liable to he infringed. As regards the images upon whom the character of ‘gods’ has been imposed, things are called their ‘property’ on the basis of an assumed sense of ownership; and it is such property that is referred to as ‘property of the gods,’ in such passages as — ‘the highest penalty is to be inflicted on the stealing of the property of Gods, Brāhmaṇas and Kings.’ In reality, gods can have no rights of ownership; and hence the literal sense of the expression being inadmissible, it is only right that we should accept the figurative one.

“In the present case what is the figurative sense? In every instance of figurative use, the presenoe of a common function (or quality) forms the basis; e.g., the expression ‘the Boy is Fire’ is used when the boy is found to possess the white resplendence of fire. Similarly in every case the figurative or secondary sense is recognised only where there is some common property present; — the presence of suoḥ property being cognised by means of perception and other means of cognition. In the case in question however, since the sense of the deity is recognisable only by the purpose served by it, — and the form of the deity cannot be ascertained through that purpose, — how could there be any recognition of common properties?”

Our answer is as follows: — We find particular forms of deities described in the Mantras and Arthavādas; and all these descriptions are interpreted as figurative. People who do not perceive any basis for such interpretation take the passages in their literal sense and regard Indra and the deities as actually possessing those forms; and the similarity of such forms they actually perceive in the images; and in this sense also it is only natural that the description should he regarded as figurative.

Some people have explained that the feeding of Brāhmaṇas at Śrāddha in honour of the Viśvedevas is what is described here as being ‘in honour of the gods.’ But such feeding, being part of what is done ‘in honour of ancestors,’ becomes included under the latter phrase, and the re-iteration of it would he entirely meaningless. Then again, since we have the generic term ‘gods,’ on what grounds could we restrict it to the Viśvedevas only P If such restriction be based upon the association of the term ‘pitrya’ ‘in honour of ancestors,’ — then, since the acts thus spoken of would not he included in ‘those done in honour of ancestors,’ — the two words could he justified on the analogy of the expression ‘go-balibarda,’ ‘bovine bull,’ which is used even when there is not much difference between what is denoted by the two terms. — (189)

 

Explanatory notes by Ganganath Jha:

‘Ṛṣivat’ — ‘Like an ascetic; i.e. avoiding honey, meat and other forbidden food’ (Medhātithi and Kullūka); — ‘eating only a little wild-growing rice and other food fit for the ascetic’ (Govindarāja, Nārāyaṇa and Nandana).

Medhātithi (p. 163, l. 17) — ‘Mṛtasya kartṛtvam’ — This refers to Mīmāṃsā Sūtra 10. 2. 55-56. The Sarvasvāra, a modification of the Jyotiṣṭoma sacrifice, has been prescribed for by one who desires his own death; and in course of this the sacrificer surrounds the Post with a new piece of cloth and having addressed the words — ‘O Brāhmaṇas, please complete this sacrifce of mine,’ — enters the fire. In connection with this it is argued that the performer of the sacrifice having perished, there can be no point in proceeding with it. But the final conclusion is that the sacrifice must be proceeded with to its very end, as the sacrifice as well as its completion is directly enjoined by the Śruti text, — the latter by the words laid down as to be addressed to the Brāhmaṇas.

This verse is quoted in Vidhānapārijāta (p. 498); — in Hemādri (Śrāddha, p. 424); — and in Saṃskāraratnamālā (p. 291), which explains the construction as ‘ubhyarthitaḥ kāmamaśnīyāt, abhyarthitaḥ meaning ‘requested,’ ‘invited’.

Buhler in his translation has omitted the sentence vratamasya na lupyate,

 

Comparative notes by various authors:

(verses 2.188-189)

See Comparative notes for Verse 2.188.

 

 

VERSE 2.190

Section XXX - Rules to be observed by the Religious Student

 

ब्राह्मणस्यैव कर्मैतदुपदिष्टं मनीषिभिः ।
राजन्यवैश्ययोस्त्वेवं नैतत् कर्म विधीयते ॥१९०॥

brāhmaṇasyaiva karmaitadupadiṣṭaṃ manīṣibhiḥ |
rājanyavaiśyayostvevaṃ naitat karma vidhīyate ||190||

 

This duty has been prescribed by the sages for the Brāhmaṇa only; this duty has not been so ordained for the Kṣatriya and the Vaiśya. — (190)

 

Medhātithi’s commentary (manubhāṣya):

The duty — tbat one should eat the food given by one person only under certain circumstances — that has just been prescribed, is meant for the Brāhmaṇa only; — it has been so ordained ‘by the sages’ — by the learned, after having learnt it from the Veda. They do not intend this to apply to the Kṣatriya and the Vaiśya; which means that students belonging to these two castes should not eat any food except what they get as alms.

Objection. — “As a matter of fact, it is only the Brāhmaṇa that is entitled to eat at Śrāddhas; as is clear from such declarations as — ‘Which Brahmaṇas are to be fed at Śrāddhaa, and which to be avoided?’ — ‘To the most deserving Brāhamaṇa etc.’ and so forth; from which it is clear that the Brāhmaṇa alone is entitled to receive gifts. Further, what we have here is a counter-exception, not an original Injunction; and all denials are dependent upon possibility [and in the present case there is, as just pointed out, no possibility of the feeding pertaining to any non-Brāhmaṇa].”

To the above we make the following reply: — It has been ordained that after the Brāhmaṇas have eaten, the remnant should be disposed of by being made over to ‘relations’; and in this there is no restriction as to caste; the man thus would feed any one who may happen to be his ‘relation’; and in this the recipients are indicated, not by the caste-names ‘Kṣatriya’ etc., but simply by the general name ‘relation.’ It is in view of this possibility of non-Brāhmaṇas partaking of the food at Śrāddhas that we have the prohibition in the Text. — (190)

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 166, 1. 20) — ‘Na tatra jātyapekṣā’ — A better instance than the one cited by Medhātithi is found in Manu 3. 234 — ‘Vṛatasṭhamapi dauhitram śrāddhe yatnena bhojayet,’ by which ‘feeding at Śrāddha’ is applicable to the Kṣatriya Brahmacārī also.

 

 

VERSE 2.191

Section XXX - Rules to be observed by the Religious Student

 

चोदितो गुरुणा नित्यमप्रचोदित एव वा ।
कुर्यादध्ययने यत्नमाचार्यस्य हितेषु च ॥१९१॥

codito guruṇā nityamapracodita eva vā |
kuryādadhyayane yatnamācāryasya hiteṣu ca ||191||

 

Prompted by the Teacher, or even when not prompted, he should put forth his exertion to study, and also to doing what is helpful to the teacher. — (191)

 

Medhātithi’s commentary (manubhāṣya):

‘Prompted’ — ordered — ‘by the teacher, he put forth his exertion’ — make an effort — ‘to study.’

“It has been already laid down that ‘one should rend when wanted by the Teacher.’ How then can there he any exertion put forth by one who is not prompted?”

What is here said refers to the student who has learnt a part of the Veda, and is going to learn the remainder; for this latter the ‘instruction of the teacher’ is not necessary.

Similarly he should do, without being told to do so, such helpful acts for the teacher as fetching jars of water, massaging his body whenever he happens to be fatigued, and so forth. — (191)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta (p. 521); — in Madanapārijāta (p. 100); — in Aparārka (p. 64); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 47a).

 

Comparative notes by various authors:

Gautama (2.36, 37). — ‘Reading, when called upon to do so; — addicted to what is agreeable and beneficial to the Teacher.’

Āpastamba-Dharmasūtra (1.4.24, 26). — ‘Engaged in work for the Teacher: — Reading when called upon to do so.’

Viṣṇu (28.6, 7). — ‘Reading on being called upon; — doing what is agreeable and beneficial to the Teacher.’

Yājñavalkya (1-27). — ‘On being called upon, he should read; whatever he obtains as alms, he should present to the teacher; he should always do, with mind, body and aot, what is good for the teacher.’

Gobhila Gṛhyasūtra (3.1.15). — ‘He should be entirely under the teacher.’

 

 

VERSE 2.192

Section XXX - Rules to be observed by the Religious Student

 

शरीरं चैव वाचं च बुद्धीन्द्रियमनांसि च ।
नियम्य प्राञ्जलिस्तिष्ठेद् वीक्षमाणो गुरोर्मुखम् ॥१९२॥

śarīraṃ caiva vācaṃ ca buddhīndriyamanāṃsi ca |
niyamya prāñjalistiṣṭhed vīkṣamāṇo gurormukham ||192||

 

Having under control his body and his speech, as also his organs of sensation and his hind, he should stand with joined palms, looking at the face of his Teacher. — (192)

 

Medhātithi’s commentary (manubhāṣya):

On coming from some other place, ‘he should stand looking at the face of his Teacher,’ — he should not sit; — ‘having under control, his body’; — i.e., he should not do such acts as the throwing about of hands and feet, laughing and so forth; nor should he speak anything needlessly.

He should control his ‘organs of sensation,’ — i.e, if he finds anything wonderful near the Teacher, he should not think of it again and again. He should control the Auditory and other organs also; the control of the visual organ is secured by looking at the Teacher’s face.

He should control the mind also; i.e., he should avoid the thought of difficulties pertaining to soriptural matters, or of the building of houses, granaries and the like.

The prohibition contained under 288 with regard to ‘making an effort to control, etc.,’ — is meant to prohibit attachment.

The meaning of all this is that when he is near his Teacher, he should not permit the slightest movement of his organs, even towards such things as are not prohibited.

‘With joined palm’ — i.e., with the hands joined together in the shape of a pigeon, turned upwards. — (192)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 106) and in Aparārka (p. 55),

 

Comparative notes by various authors:

Gautama (1-52, 53). — ‘Catching hold of the left hand, leaving the thumb free, he should request the teacher with the words, Teach, Sir; — fixing his eyes and mind thereon.’

 

 

VERSE 2.193

Section XXX - Rules to be observed by the Religious Student

 

नित्यमुद्धृतपाणिः स्यात् साध्वाचारः सुसंवृतः ।
आस्यतामिति चौक्तः सन्नासीताभिमुखं गुरोः ॥१९३॥

nityamuddhṛtapāṇiḥ syāt sādhvācāraḥ susaṃvṛtaḥ |
āsyatāmiti cauktaḥ sannāsītābhimukhaṃ guroḥ ||193||

 

He should always have his arm raised, remain well behaved, and well-guarded; when addressed with the words “be seated,” he should sit facing his teacher. — (193)

 

Medhātithi’s commentary (manubhāṣya):

The arm should be raised, not only above the saered thread, but also out of the upper garment.

The adverb ‘always’ is meant to imply that the arm is to be raised not only while he is standing, nor only while he is reading, but on other occasions also.

‘Well-behaved’; — he should have his behaviour — speech and other acts — good, above reproach. The word ‘implies that even when not near the Teacher, he should not utter indecorous words, or do any such wrongful act.

‘Well-guarded’; — i.e., fully self-controlled, regarding speech, mind and eyes, — he should avoid even the slightest defects. The man who follows the bent of his desires (and does not restrain them) is called among people ‘unguarded’; and the opposite of this is ‘well-guarded.’

Others explain this to mean that ‘near his Teacher one should keep his body covered, and he should not take off his upper garment.’

In the manner thus described, ‘he should stand’ (as laid down in the preceding verse); but when the Teacher says to him ‘be seated’ — either in so many words, or by the gesture of his brows, etc.; the function of the injunction being to convey the direction, and this conveying need not be done only by means of words, — ‘he should sit.’

‘Facing his Teacher’ — with his face towards the Teacher. — (198)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 100); — in Aparārka (p. 56); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 47a).

 

Comparative notes by various authors:

Gautama (1.60). — ‘Being permitted, the pupil should sit to the teacher’s right, facing either the east or the north.’

 

 

VERSE 2.194

Section XXX - Rules to be observed by the Religious Student

 

हीनान्नवस्त्रवेषः स्यात् सर्वदा गुरुसन्निधौ ।
उत्तिष्ठेत् प्रथमं चास्य चरमं चैव संविशेत् ॥१९४॥

hīnānnavastraveṣaḥ syāt sarvadā gurusannidhau |
uttiṣṭhet prathamaṃ cāsya caramaṃ caiva saṃviśet ||194||

 

In the peesenge of his Teacher, he should always have inferior food, dress and apparel; he should rise before him, and go to sleep later. — (194)

 

Medhātithi’s commentary (manubhāṣya):

‘In the presence of his Teacher’ — he should eat — ‘inferior’ — i.e., less — ‘food.’This ‘inferiority’ of the food may be sometimes in quantity, and sometimes in quality; that is to say, if he happen to obtain as alms such food as is richly cooked and mixed with butter, milk and vegetables, then he should not eat it, — if his Teacher has already eaten food of not the same quality, or when he is eating with his Teacher, or if equally rich food has not been prepared in the Teacher’s house. If similar food has been got ready for the Teacher, then he should reduce the food he himself eats.

As regards dress, if the Teacher’s happens to be woolen, the pupil should wear cotton.

‘Apparel’ — ornaments, toilette, etc. This also should be inferior.

‘Always’ — i.e., even after the period of studentship. It is in view of this that ‘apparel’ has been added; for the Religious Student there could be no adornment, etc.

‘He should rise before him’ — i.e., from the bed, at the end of night; or from the seat, after he has understood that it is time for the Teacher to rise; he should rise before his Teacher.

‘He should go to sleep’ — retire to bed, or take his seat — ‘later’ — i.e., after the Teacher has gone to sleep. — (194)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 101), where it is explained that the ‘inferiority’ of the food, dress and apparel, is meant to be in comparison to the Teacher’s in Aparārka (p. 56); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 47b).

 

Comparative notes by various authors:

Gautama (2.28). — ‘Sleeping and sitting on the ground, rising before and sleeping after the teacher.’

Baudhāyana (1.2.22). — ‘Rising before and sleeping after.’

Āpastamba-Dharmasūtra (1.2.28). — ‘Having got rid of all pride.’

Do. Do. (1.4.22). — ‘Should avoid sleep.’

Do. Do. (1.4.28). — ‘One who sleeps after and rises before the teacher is described as not sleeping.’ Viṣṇu (2.8.13). — ‘Rising before the teacher, he should sleep after him.’

 

 

VERSE 2.195

Section XXX - Rules to be observed by the Religious Student

 

प्रतिश्रावणसम्भाषे शयानो न समाचरेत् ।
नासीनो न च भुञ्जानो न तिष्ठन्न पराङ्मुखः ॥१९५॥

pratiśrāvaṇasambhāṣe śayāno na samācaret |
nāsīno na ca bhuñjāno na tiṣṭhanna parāṅmukhaḥ ||195||

 

He should not listen to and converse with (his Teacher), while lying down; nor while seated, nor while eating, nor while standing, nor with his face turned away. — (196)

 

Medhātithi’s commentary (manubhāṣya):

‘Listen to’ — i.e., listening to the words of the Teacher, when the latter calls him and directs him to do some work.

‘Converse with’ — i.e., holding conversation with the teacher.

‘Listening’ and ‘conversing’ form the copulative compound ‘pratiśravaṇasambhāṣe.’

‘While lying down’; — i.e., with his body reclining upon his owa bed.

‘Na samācaret’ — should not do.

‘Not while seated’ — upon a seat.

‘Nor while eating, nor while stand,’ — i.e., standing up right in one place, without moving.

‘Nor with face turned away’ — i.e., with face averted from the direction in which the Teacher may be looking. — (195)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 106); — and in Aparārka (p. 56), which explains ‘pratiśravaṇc’ as ‘aṅgīkāra’ ‘acceptance’.

 

Comparative notes by various authors:

Gautama (2.31). — ‘The answering of the teacher should be done while one is not lying down, or sitting or standing.’

Āpastamba-Dharmasūtra (1.6.5, 7). — ‘Near the teacher, he should not address the teacher lying down; nor without rising while the teacher is standing.’

Viṣṇu (28.18). — ‘He should not address the teacher, while standing, or seated or lying down, or eating, or with face turned away.’

 

 

VERSE 2.196

Section XXX - Rules to be observed by the Religious Student

 

आसीनस्य स्थितः कुर्यादभिगच्छंस्तु तिष्ठतः ।
प्रत्युद्गम्य त्वाव्रजतः पश्चाद् धावंस्तु धावतः ॥१९६॥

āsīnasya sthitaḥ kuryādabhigacchaṃstu tiṣṭhataḥ |
pratyudgamya tvāvrajataḥ paścād dhāvaṃstu dhāvataḥ ||196||

 

He should do (these) standing, when the teacher is seated; advancing towards him, when he is standing; going forward to him, when he advances; and running after him, when he runs; — (196)

 

Medhātithi’s commentary (manubhāṣya):

[The question arising ] — “How then is he to listen to and converse with the Teacher?” — the Text answers: — When the Teacher gives his directions seated, then the pupil should rise from his seat, and do the ‘listening and conversing’ while standing.

‘Advancing towards him, when he is standing’; — when the Teacher gives his orders standing, the pupil should advance towards him a few steps.

‘Going forward to him, when he advances’; — i.e., going up to the teacher. The prefix ‘prati’ has the sense of being face to face.

‘When he runs’ — moves with force; he should run behind him.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 106), where ‘abhigacchan’ is explained as ‘Sammukham gacchan’ ‘going forward towards him’, — and ‘pratyudgamanam’ as paścādgamanam, ‘following behind’; — and in Aparārka (p. 56).

 

Comparative notes by various authors:

Viṣṇu (28.19) — (reproduces Manu).

Gautama (2-34). — ‘While the teacher is walking, he should follow him.’

Āpastamba-Dharmasūtra (1.6.G.9). — ‘When addressed, he should not answer seated; while the teacher is standing, he should not answer him without standing up; he should walk behind him while he is walking; when he is running, he should run behind him.’

Pāraskara Gṛhyasūtra (2-5-30). — ‘If the teacher is lying down, he should be seated^; if he is seated, he should stand; if he is standing, he should be moving; if he is moving, he should be running.’

 

 

VERSE 2.197

Section XXX - Rules to be observed by the Religious Student

 

पराङ्मुखस्याभिमुखो दूरस्थस्येत्य चान्तिकम् ।
प्रणम्य तु शयानस्य निदेशे चैव तिष्ठतः ॥१९७॥

parāṅmukhasyābhimukho dūrasthasyetya cāntikam |
praṇamya tu śayānasya nideśe caiva tiṣṭhataḥ ||197||

 

Facing him, when the teacher has his pace averted; going near him, when the teacher is at a distance; bowing low, when the teacher is lying down, as also if he is standing close by. — (197)

 

Medhātithi’s commentary (manubhāṣya):

‘When the teacher has his face averted,’ — the pupil should sit facing him; that is, if the Teacher happen to have his face turned the other way when he gives his directions, the pupil should go over to the side facing the teacher and then do the aforesaid (listening and conversing).

‘When the teacher is at a distance,’ — the pupil should go near him, approach him.

When the teacher is seated, as also when he is lying down, the pupil should bow down — humbly bend his body low.

‘Nideśe’ means ‘close by’; when he is sitting close by, then the aforesaid acts should be done after bowing low. — (197)

 

Explanatory notes by Ganganath Jha:

‘Nideśe tiṣṭhataḥ’. — ‘Standing close by’ (Medhātithi, Govindarāja, Kullūka, and Rāghavānanda); — ‘standing in a lower place’ (Nārāyaṇa and Nandana).

This verse is quoted in Madanapārijāta (p. 106), where the following explanation is added: — We have the form ‘osyetya’ (which is the reading adopted by the writer) and ṇot ‘syaitya’ because of the Sūtra ‘mānaśca’; — ‘praṇamya’ is to be construed with ‘nirdeśe (the reading adopted by the writer) tiṣṭhataḥ’; — ‘nirdeśe’ meaning in a lower place, or, according to others in a place close by; — and in Aparārka (p. 56).

 

Comparative notes by various authors:

Viṣṇu (28.20, 21, 23). — ‘Facing the teacher when he has his face turned away; — if he is far away, he should approach near him; — if he is lying down, he should be saluted.’

 

 

VERSE 2.198

Section XXX - Rules to be observed by the Religious Student

 

नीचं शय्याऽऽसनं चास्य नित्यं स्याद् गुरुसन्निधौ ।
गुरोस्तु चक्षुर्विषये न यथेष्टासनो भवेत् ॥१९८॥

nīcaṃ śayyā''sanaṃ cāsya nityaṃ syād gurusannidhau |
gurostu cakṣurviṣaye na yatheṣṭāsano bhavet ||198||

 

When near his Teacher, his bed or seat should always be low; and within sight op his Teacher, he should not sit at ease. — (198)

 

Medhātithi’s commentary (manubhāṣya):

‘Low’ — not high; i.e., low in comparison with theTeacher’s.

‘Always’ — i.e., also after the period of studentship.

‘Within sight of his Teacher’ — i.e., where the Teacher sees — ‘he should, not sit at ease’; i.e., he should not spread his legs or throw about his limbs, and so foch. ‘Sit’ stands for action in general; the sense being that he should not do whatever he likes. — (198)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 491), where it is added that this does not apply to carts and other such conveyances in Madanapārijāta (p. 106); — in Aparārka (p. 56); — in Saṃskāramayūkha (p. 40 ), which explains the last clause to mean that ‘he should not spread out his legs and so forth’; — and in Smṛticandrikā (Saṃskāra, p. 120), which says that this refers to cases other than riding on a bullock and so forth, where sitting together cannot be avoided.

 

Comparative notes by various authors:

Gautama (2.20, 21, 27). — ‘In the presence of the teacher, the pupil should avoid sitting with the knees tied to the neck, spreading of the legs, spitting, laughing, yawning, cracking of fingers; he should sleep on a lower level, always rising before and sleeping after the teacher.’

Āpastamba-Dharmasūtra (1. 2. 21), — ‘He should sit and sleep on the ground.’

Āpastamba-Dharmasūtra (1. 3. 15). — ‘In the teacher’s presence, he should not be unrestrained in his acts.’

Āpastamba-Dharmasūtra (1. 6. 13). — ‘He should worship the teacher as a god, always attentive to him, never talking ill of him, never showing him any disrespect.’

Āpastamba-Dharmasūtra (1. 8. 8-10). — ‘He should not sit on a higher seat; — nor on one with several legs; — nor on that which is the most honourable.’

Viṣṇu (28. 23). — ‘Within range of the teacher’s vision, he should not sit as he likes.’

Viṣṇu (Vīramitrodaya-Saṃskāra,p. 491). — ‘He should not sit on the same seat with the teacher, except on a stone-slab, or on a boat, or on a conveyance.’

 

 

VERSE 2.199

Section XXX - Rules to be observed by the Religious Student

 

नौदाहरेदस्य नाम परोक्षमपि केवलम् ।
न चैवास्यानुकुर्वीत गतिभाषितचेष्टितम् ॥१९९॥

naudāharedasya nāma parokṣamapi kevalam |
na caivāsyānukurvīta gatibhāṣitaceṣṭitam ||199||

 

Even behind the Teacher’s back, he should not pronounce his mere name; nor should he mimic his gait, speech or deportment. — (199)

 

Medhātithi’s commentary (manubhāṣya):

‘He should not pronounce’ — should not utter — ‘the teacher’s name.’

‘Mere’ — i.e., bereft of such honorific titles as ‘Upādhyāya,’ ‘Ācārya,’ ‘Bhaṭṭa’ and the like; — ‘even behind his back.’

‘Nor should he mimic’ — should not imitate him, like an actor; — ‘gait' — (saying) ‘thus does my teacher walk’; — ‘speech’ — i,e., swiftly, slowly, at a medium pace and so forth; — ‘deportment’ — ‘thus he eats,’ ‘thus he hinds his turban,’ ‘thus he roams about,’ and so forth.

What is prohibited here is imitating the teacher in a joking spirit. — (199)

 

Explanatory notes by Ganganath Jha:

‘Kevalam’ — Such titles are always to be added as ‘Upādhyāya’ or ‘Bhaṭṭa’ or ‘Ācārya’ (Medhātithi), — ‘ācārya’ (Kullūka), — ‘caraṇa’ (Nārāyaṇa).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 492) in support of the view that whenever the teacher’s name has got to he pronounced, it should he accompanied with such honorific titles as ‘upādhyāya’ and the like; — also in Madanapārijāta (p. 1 06); — in Aparārka (p. 56); — in Saṃskāramayūkha (p. 42), which says that the name should not be uttered by itself (kevalam), it should always he accompanied by some such title as ‘upādhyāya’ and the like; — and in Smṛticandrikā (Saṃskāra, p. 121).

 

Comparative notes by various authors:

Gautama (2. 24). — ‘One should avoid uttering the name of the teacher, of the teacher’s son and of one initiated for a sacrifice.’

Gautama (Vīramitrodaya-Saṃskāra, p. 492). — ‘The teacher’s name and gotra should be uttered with respect.’

Āpastamba Dharmasūtra (1. 8. 15). — ‘Poking with the finger, whispering at the ear, laughing, addressing loudly, uttering the name, and directing — these should be avoided, in regard to the teacher.’

Viṣṇu (28. 24. 25). — ‘He should not pronounce his mere name; — nor should he mimic his gait, speech or deportment.’

Smṛti (Vīramitrodaya-Samskâra, p. 492). — e One should not address by name — the Ācārya, the teacher’s son, one initiated at a sacrifice, the guru, father’s sister, mother, maternal uncle, one’s well-wisher, a learned man, father-in-law, husband, and the mother’s sister.’

 

 

VERSE 2.200

Section XXX - Rules to be observed by the Religious Student

 

गुरोर्यत्र परिवादो निन्दा वाऽपि प्रवर्तते ।
कर्णौ तत्र पिधातव्यौ गन्तव्यं वा ततोऽन्यतः ॥२०0॥

guroryatra parivādo nindā vā'pi pravartate |
karṇau tatra pidhātavyau gantavyaṃ vā tato'nyataḥ ||200||

 

Where the censuring or defaming of his Teacher is going on, there he should either close his ears, or go away thence to another place. — (200)

 

Medhātithi’s commentary (manubhāṣya):

‘Where’ — in whatever place, in the assembly of wicked people, — his teacher’s censuring — setting forth of wrongs really committed by him, — or defaming — attributing to him of evils not present in him — ‘is going on,’ — ‘there’ ‘he should close his ears’ — cover them up with his finger, etc.

‘Thence’ — from that place, — ‘he should go away to another place.’ — (200)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 491), where the distinction is made between ‘parīvāda’ which is the proclaiming of wrongs really committed, and ‘nindā’ the setting forth of wrongs not committed.

It is quoted also in Madanapārijāta (p. 107); — in Aparārka (p. 56); — in Smṛticandrikā (Saṃskāra, p. 120), which says that the ‘parīvāda’ is the mentioning of such defects as are really present, and ‘nindā’ the mentioning of such as are not present; — in Saṃskāramayūkha (p. 41), which notes the same distinction; — in Nṛsiṃhaprasāda (Saṃskāra, p. 45b); — and in Yatidharmasaṅgraha (p. 33).

 

Comparative notes by various authors:

(verses 200-201)

Viṣṇu (28. 23). — ‘One should not stay at a place where the teacher is being defamed or censured.’

Viṣṇu (32. 8-11). — ‘He should not address the teacher as thou; — in the event of his insulting the teacher, he should fast for the day, and take food in the evening, only after having propitiated the teacher; — one should not talk to the teacher disputatiously; — should not utter anything defamatory regarding the teacher; — nor anything not agreeable to him.’

Viṣṇu (45. 18). — ‘One who is inimical to his teacher suffers from epilepsy.’

Vaśiṣṭha (2. 17). — ‘Those persons who, on being taught, respect not their Teacher, by speech, mind and deed, — are as useless to them, as they are to the Teacher.’

 

 

VERSE 2.201

Section XXX - Rules to be observed by the Religious Student

 

परीवादात् खरो भवति श्वा वै भवति निन्दकः ।
परिभोक्ता कृमिर्भवति कीटो भवति मत्सरी ॥२०१॥

parīvādāt kharo bhavati śvā vai bhavati nindakaḥ |
paribhoktā kṛmirbhavati kīṭo bhavati matsarī ||201||

 

Through censure one becomes an ass, and the defamer becomes a dog; he who lives on him becomes a worm, and he who is jealous becomes an insect. — (201)

 

Medhātithi’s commentary (manubhāṣya):

This is a statement commendatory of what has been enjoined in the foregoing verses. Hence it has to be explained as follows: —

‘Through cenmre’; — i.e., by listening to the censuring of his Teacher — ‘one becomes an ass’; the ablative being taken either as denoting cause, or as having the force of the participle; parīvādāt being construed as ‘parīvādam śrutvā,’ ‘having listened to censuring.’

‘Defamer,’ — the person listening to defamation is figuratively called ‘defamer just as one preparing meat has been called the ‘Killer’ of the animal. As for the act of defaming itself, the prohibition of this becomes naturally implied by the prohibition of hearing it.

‘One who lives upon’; — he who supports himself on what he receives from his Teacher; or one who behaves ill-mannerly towards him.

‘One who is jealous’; — who does not brook the rise and advancement of his Teacher and burns within (at its sight).

The two latter have not been spoken of before this; hence what is said in regard to these is to be regarded as direct injunction.

‘Parīvāda’ and ‘parivāda,’ both forms — with long as well as with the short ī — are correct, according to Pāṇini, 6.3.122. — (201)

 

Explanatory notes by Ganganath Jha:

‘Paribhoktā’ — ‘He who lives upon the Teacher’ (Medhātithi); — ‘he who eats, without the Teacher’s permission, the best food obtained by begging’ (Nārāyaṇa and Nandana).

The verse is quoted in Madanapārijāta (p. 107) where ‘paribhoktā’ is explained as ‘one who makes use of the Teacher’s wealth, without his permission’; — also in Vīramitrodaya (Saṃskāra, p. 491), which also explains ‘paribhoktā’ as ‘one who lives upon the Teacher’s property, without his permission.’

Medhātithi (P. 169,1. 16) — ‘Samskartā...ghātakaḥ’ — This is a clear reference to Manu 5.51 —

anumantā viśasitā nihantā krayavikrayī |
saṃskartā copahartā ca khādakaśceti ghātakāḥ||

This verse is quoted in Saṃskāramayūkha (p. 42), which explains ‘paribhoktā’ as one who eats food without presenting it to the Teacher; — and in Smṛticandrikā (Saṃskāra, p. 120) as forbidding the decrying of the Teacher by the Pupil himself; it explains ‘paribhoktā’ as ‘one who makes use of the Teacher’s property without his permission.’

 

Comparative notes by various authors:

(verses 200-201)

See Comparative notes for Verse 2.200.

 

 

VERSE 2.202

Section XXX - Rules to be observed by the Religious Student

 

दूरस्थो नार्चयेदेनं न क्रुद्धो नान्तिके स्त्रियाः ।
यानासनस्थश्चैवैनमवरुह्याभिवादयेत् ॥२०२॥

dūrastho nārcayedenaṃ na kruddho nāntike striyāḥ |
yānāsanasthaścaivainamavaruhyābhivādayet ||202||

 

He should not offer his worship to the teacher while at a distance from him; nor when angry, nor near a woman. If seated upon a conveyance or a seat, he should come down and then salute him. — (202)

 

Medhātithi’s commentary (manubhāṣya):

What is prohibited here is the act of sending sandal-paint, garlands and other articles of worship through a messenger. It being found possible that one might be prompted to offer such worship by the consideration that ‘whether one does an act himself or gets it done by another, he is equally the doer in both cases, since the prompter also has been regarded as the agent,’ — the present verse prohibits such offering of worship through other persons. There is no harm in doing this, either when one is himself incapacitated, or when h e happens to be in a different village; for we find people adopting such usage as — when the Teacher has gone to another village, the pupil tells some one who happens to be going to the same village ‘please offer my salutations to my Teacher,’ and this other person goes and salutes him.

‘Nor when angry’; — it being impossible for any one to be angry with his Teacher, the meaning is that if one happens to be angry with some one, he should, at the time of offering hi s obeisance, give up the anger and keep his mind calm. Some people read ‘kruddham,’ (making ‘angry’ qualify the Teacher).

‘Nor near’ — in proximity to — ‘a woman’ — his loving wife; i.e., not while the Teacher is seated near her. The entire process of service of the Teacher being meant for winning his favour, anything likely to displease him has been prohibited. It is in view of this that the term ‘woman’ has been explained as above.

‘Conveyance’ — such as the cart and the rest.

‘Seat’ — small or large wooden platforms.

From these one should come down and then salute the Teacher.

Under verse 119 what was laid down was simply rising from the seat; while here it is coming down from it that is enjoined. When one is seated upon a wooden platform, it is possible for him to rise without coming down from it.

“But coming down from the seat is not possible without rising; so that the rising being already implied in the present injunction, whàt is laid down in 119 becomes superfluous.”

It is not superfluous; what is meant by it is that when it so happens that the pupil is seated with his face towards one side, and the Teacher approaches from behind him, — as soon tvs the pupil becomes cognisant of his approach, he should turn his face towards the Teacher and then rise; and be should not rise and then turn round; as in so doing the act of turning towards the Teacher becomes intervened by that of rising; and this might displease the Teacher, who would think that ‘he was rising for some other reason, not for honouring me.’

Thus the mention of the ‘seat’ has its use in both places (here and in 119). — (202)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 107); — and in Vīramitrodaya (Saṃskāra, p. 461).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.14.16-17). — ‘He should salute him after descending; — in every case, one should stand up and then salute.’

Āpastamba Dharmasūtra (Vīramitrodaya-Saṃskāra, p. 464). — ‘The Teacher should not be saluted while he is in a difficult situation; one should come down before saluting the Teacher; one should be calm and collected when saluting, the Teacher also being calm and collected; nor should he salute him with shoes on, or with head covered.’

Gautama (2.30). — ‘One should leave off his seat or bed before answering the Teacher.’

Gautama (Vīramitrodaya-Saṃskāra, p. 464). — ‘While one is wearing shoes, one should not eat or salute or address (a superior).’

Baudhāyana (1.2. 29). — ‘When the Teacher is seated, the pupil, while addressing him, should not remain seated; when the Teacher is lying down, the pupil addressing him should not remain lying down.’

Śaṅkha-Likhita (Vīramitrodaya-Saṃskāra, p. 461). — ‘One should not offer salutation while carrying the water-jar, or begging alms, or carrying flowers and such things, or while impure, or while repeating Mantras, or performing rites in honour of Gods or Pitṛs; or in an assembly in an inaudible tone.’

Viṣṇu (Vīramitrodaya-Saṃskāra, p. 464). — ‘In assemblies, at a sacrificial session, or in a King’s palace, one should simply bow down to the Brāhmaṇas, and not offer salutation with the formula prescribed.’

Baudhāyana (Vīramitrodaya-Saṃskāra, p. 464). — ‘While carrying fuel, or water-jar, or flowers, or food or such things, one should not offer salutation; nor in an assemblage of people.’

Laghu-Hārīta (Vīramitrodaya-Saṃskāra, p. 465). — ‘A person who is repeating Mantras, or attending a sacrificial session, or carrying fuel, flowers, kuśa, fire, water-jar or food should not be saluted.’

 

 

VERSE 2.203

Section XXX - Rules to be observed by the Religious Student

 

प्रतिवातेऽनुवाते च नासीत गुरुणा सह ।
असंश्रवे चैव गुरोर्न किं चिदपि कीर्तयेत् ॥२०३॥

prativāte'nuvāte ca nāsīta guruṇā saha |
asaṃśrave caiva gurorna kiṃ cidapi kīrtayet ||203||

 

When sitting in the company of his teacher, uk should not sit either to the lee-ward or to the wind-ward of him; nor should he say anything beyond the hearing of his teacher. — (203)

 

Medhātithi’s commentary (manubhāṣya):

When the wind comes from the side on which the Teacher is sitting to where the pupil sits, — and when it comes from where the pupil sits to when the Teacher is, — these are called ‘lee-ward’ and ‘wind-ward’; one being ‘lee-ward’ and the other ‘wind-ward.’ In either of these fashions one should not sit in the Teacher’s company; be should sit in such a fashion that he gets the wind sideways.

‘Beyond his hearing’; — i.e., wbat he cannot hear.

‘Nothing,’ — with reference either to the Teacher or to other persons.

‘He should say’ — nothing, what the Teacher cannot hear, but can see from the moving of the lips that the pupil is saying something. — (203)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 461), where ‘prativāte’ is explained as ‘that place to which wind reaches from the place where the Teacher is sitting’; — Anuvāte’ as ‘that place from where wind blows towards the Teacher’; — at neither of these places should the Student sit; — ‘Asaṃśrava’ is that place from where anything spoken is not heard by the Teacher, — sitting in such a place, he should not say anything addressed to the Teacher.

This verse is quoted also in Madanapārijāta (p. 107), where the following notes are added: — ‘Prativāta’ is ‘wind that blows from the teacher towards the pupil’; at such a place the Student shall not sit; as there is the danger of the fire of the teacher’s anger issuing forth that way; — ‘Anuvāta’ is wind blowing from the pupil towards the teacher; there also he shall not sit; as he is likely not to hear the words of the teacher; — ‘asambhave’ means unless permitted by him.

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.6. 15, 23). — ‘He should not be seated to the windward of the Teacher; — or to the leeward,’

 

 

VERSE 2.204

Section XXX - Rules to be observed by the Religious Student

 

गोऽश्वौष्ट्रयानप्रासादप्रस्तरेषु कटेषु च ।
आसीत गुरुणा सार्धं शिलाफलकनौषु च ॥२०४॥

go'śvauṣṭrayānaprāsādaprastareṣu kaṭeṣu ca |
āsīta guruṇā sārdhaṃ śilāphalakanauṣu ca ||204||

 

He may sit with the teacher on carts drawn by oxen, horses and camels, on terraces and on grass-mats; as also on reedmats, rocks, benches and boats. — (204)

 

Medhātithi’s commentary (manubhāṣya):

The terra ‘cart’ is connected with each of the foregoing terras; and the cart yoked with, drawn by, oxen ( ), ‘horses’ (‘aśva’) and ‘camels’ (uṣṭra) is called ‘gośvoṣṭvayānam?’; the terra ‘yukta’ (‘yoked,’ ‘drawn by’) being dropped, as in the word ‘dadhighāṭa’ (‘curd-jar’). That this is so is clear from the fact that it is not possible for two men to ride together on the hare back of the ox, etc. If we had the word ‘yāna’ standing by itself, then we might have taken the verse itself as permitting the riding along with the teacher on the bare back of the ox, etc. In some places we do find this to he permitted by usage.

‘Terrace,’ — the surface on the top of houses; and in such places sitting with the Teacher is as possible as on the floor of houses.

‘Grass-mats’ — beds made of grass and leaves, etc.

‘Reed-mats’ — beds made of reeds and sticks.

‘Bocks’ — stone-slabs either on the top of hills or elsewhere.

‘Benches’ — scats made of wood, called ‘pota,’ ‘varta,’ etc.

‘Boats’; — i.e., contrivances for floating on water, which would include rafts and other similar things. — (204)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 107); — and in Vīramitrodaya (Saṃskāra, p. 462) where ‘phalakam’ is explained as Kāṣṭhanirmitam dīrghāsanam, ‘a long seat made of wood’, a bench: — also on page 491, where it is quoted in support of the view that the prohibition contained in verse 198 must refer to cases other than those of carts and conveyances. It further adds that though the riding on conveyances drawn by ox etc. is prohibited, — yet the sanction accorded here is in view of the possibility of such lading in abnormal times of distress. It is interesting to note that no such scruples have prejudiced Medhātithi, who apparently belonged to a part of the country where riding on bullock-carts is permissible; while the author of Vīramitrodaya belonged to a part of the country where such riding is prohibited, e.g. in Mithilā.

It is quoted in Smṛticandrikā (Saṃskāra, p. 120) as sanctioning, in certain cases, the sitting of the pupil with the teacher.

 

Comparative notes by various authors:

Baudhāyana (1. 2. 35). — ‘There is nothing wrong in sitting with the Teacher on a boat, or a stone-slab, or an elephant, or the roof of a house, or a mat, or on a wheeled conveyance.’ Āpastamba Dharmasūtra (1. 8. 12). — ‘In a journey he should ascend the conveyance behind the Teacher.’

Viṣṇu (28.27, 28). — ‘He should not sit on the same seat with the Teacher; — except on a stone-slab, a boat, or a conveyance.’

 

 

VERSE 2.205

Section XXX - Rules to be observed by the Religious Student

 

गुरोर्गुरौ सन्निहिते गुरुवद् वृत्तिमाचरेत् ।
न चानिसृष्टो गुरुणा स्वान् गुरूनभिवादयेत् ॥२०५॥

gurorgurau sannihite guruvad vṛttimācaret |
na cānisṛṣṭo guruṇā svān gurūnabhivādayet ||205||

 

When the Teacher’s teacher happens to be close by, he should adopt towards him the same behaviour as towards his own teacher; but until permitted by his teacher, he should not pay respects to his own elders. — (205)

 

Medhātithi’s commentary (manubhāṣya):

The present verse permits the afore-mentioned behaviour towards one’s Teacher to be adopted in certain other cases.

Since the whole of the present deals with study, the term ‘guru’ should throughout be taken in the sense of ‘teacher.’ If the teacher of one’s Teacher happens to be near, he should behave towards him as towards his own teacher.

‘When he happens to be close by.’ — This implies that it is not incumbent upon the pupil to go over to the house of his teacher’s teacher for the purpose of paying respects to him.

While living in the Teacher’s house, — ‘until he is permitted by his Teacher’ — allowed by him to do so, — he should not go to pay respects to his own ‘elders’; — to his father, mother, etc. This does not mean that when these elders come to his Teacher’s house, hc shall wait for the Teacher’s permission before he offers obeisance to them.

“Whence do you get this meaning?”

It follows from the fact that one’s parents are the highest objects of veneration; and as regards the paternal uncle, maternal uncle and other relations, if one salutes them, this does not stand in the way of his proper behaviour towards the Teacher. For after all, all his efforts are meant to win the Teacher’s favour.

As regards the order to be observed in saluting the mother, the father and the Teacher, when all these happen to be together, — it has already been declared that the Mother is superior to all; and as between the Father and the Teacher, there is option: In as much as the respect due to the Teacher is by reason of the position of the ‘Father’ having been imposed upon him, the Father should be regarded as superior; but since it has been declared (in 146) that ‘the father imparting the Veda is superior,’ it would follow that the Teacher is superior. It is for this reason that there is option. — (205)

 

Explanatory notes by Ganganath Jha:

The first half of the verse is quoted in Parāśaramādhava (Ācāra, p. 306), in support of the view that the ‘grand-teacher’ also is to be treated like the teacher; — in Vīramitrodaya (Saṃskāra, p. 462), where ‘ani sṛṣṭaḥ’ is explained as ‘aniyuktaḥ’, ‘not permitted’, — and ‘svāṅgurūm’ as ‘uncles and other relations

This verse is quoted in Aparārka (p. 54), which explains ‘anisṛṣṭaḥ’ as ‘not permitted — in Saṃskāramayūkha (p. 46); — and in Yatidharmasaṅgraha (p. 34).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.8.19). — ‘When the Teacher and the Teacher’s Teacher are seated together, he should clasp the feet of the latter and then those of the former.’

Āpastamba Dharmasūtra (1.6.29). — ‘In the presence of the Ācārya, he should not clasp the feet of other Teachers of the lower grade.’

Gautama (6. 3, 4). — ‘Mother, father, relations, elders, intellectual teachers; — when all these are present, the preceding should be saluted before the succeeding.’

Viṣṇu (28.29, 30). — ‘When the Teacher’s Teacher is present, behaviour towards him should be like that towards the Teacher; — until permitted by the teacher, he should not salute his elders.’

Vaśiṣṭha (13.22). — ‘When the Teacher’s Teacher is present, the behaviour towards him is prescribed to be like that towards the Teacher.’

 

 

VERSE 2.206

Section XXX - Rules to be observed by the Religious Student

 

विद्यागुरुष्वेवमेव नित्या वृत्तिः स्वयोनिषु ।
प्रतिषेधत्सु चाधर्माद् हितं चोपदिशत्स्वपि ॥२०६॥

vidyāguruṣvevameva nityā vṛttiḥ svayoniṣu |
pratiṣedhatsu cādharmād hitaṃ copadiśatsvapi ||206||

 

This same shall be his constant behaviour towards his intellectual teachers, towards his blood-relations, towards persons restraining him from sin and towards those who give him salutary advice. — (206)

 

Medhātithi’s commentary (manubhāṣya):

This also is an instance of ‘Transference.’

Teachers other than the Preceptor are called here ‘intellectual teacher’ — such as the Sub-Teacher and the rest. One should behave towards these just as it has been detailed above (under 192 et seq.).

‘Towards blood-relations’ — i.e., towards the elder brother, the paternal uncle, etc

‘Constant behaviour’ — i.e., behaviour as towards the Preceptor.

As distinguished from the ‘Preceptor,’ the other ‘Intellectual Teachers’ are to be so honoured only during the period of one’s learning under them.

‘Towards persons’ — friends and others — ‘restraining him from sin’ — i.e., from evils, such as connection with other women and so forth. It has been said that when one is found to be thinking within himself of doing some evil deed, then his friends and others ‘should restrain him from sin, even to the extent of dragging him by his hairs’; and towards one who restrains him in this way, he should behave as towards his Teacher, — even if he happens to be of equal or inferior age.

Also towards those who give salutary advice, independently of books. Or, ‘giver of salutary advice’ may be taken as standing for noble-minded persons in general. — (206)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 462), where ‘vidyāguru’ is explained as ‘teachers other than the Ācārya’, — ‘nityā’, as ‘holding for all time’, — ‘svayoni’, as ‘uncle and the rest’, — ‘hita’ as dharmatattva, ‘the essence of Morality’; — and in Yatidharmasaṅgraha (p. 34).

 

Comparative notes by various authors:

(verses 206-207)

Gautama (2.30). — ‘Similarly towards respected superiors.’

Baudhāyana (1.1.37). — ‘The eating of the leavings should be avoided in the case of the Ācārya’s son or in that of the expounder of the Veda.’

Āpastamba Dharmasūtra (1. 7. 29, 30). — ‘Towards the older fellow-student, — the behaviour towards the Ācārya’s son should be like that towards the teacher, with the exception of eating the leavings.’

Vaśiṣṭha (13.22). — ‘Towards the teacher’s son, one should behave like that towards the teacher himself, — so says the Śruti.’

Viṣṇu (32.1). — ‘The King, the priest, the Vedic scholar, one who prevents him from doing wrong, the sub-teacher, the paternal uncle, the maternal grandfather, the maternal uncle, the father-in-law, the elder brother, one’s relations, — the behaviour towards these should be like that towards the teacher.’

 

 

VERSE 2.207

Section XXX - Rules to be observed by the Religious Student

 

श्रेयःसु गुरुवद् वृत्तिं नित्यमेव समाचरेत् ।
गुरुपुत्रेषु चार्येषु गुरोश्चैव स्वबन्धुषु ॥२०७॥

śreyaḥsu guruvad vṛttiṃ nityameva samācaret |
guruputreṣu cāryeṣu guroścaiva svabandhuṣu ||207||

 

Towards superiors he should always behave as towards the Teacher, as also towards the Teacher’s son who has acquired the position of the Teacher, and towards the Teacher’s own blood-relations. — (207)

 

Medhātithi’s commentary (manubhāṣya):

‘Superiors’; — those possessed of greater amount of wealth and learning. Towards these ‘he should behave always as towards the Teacher’; — i.e., he should offer him obeisance, welcome and so forth.

In this verse many such words have been used as are superfluous; but in as much as this is a metrical work, such usage is not objectionable. ‘Towards superiors’ was all that should h ave been said here; ‘as towards the Teacher’ would be already implied; ‘behaviour’ has already been mentioned in the preceding verse. Many such instances can be found in this work.

‘Towards the Teacher’s son who has acquired the position of the Teacher’; — the addition of the word ‘ācārya’ is meant to show that the son should have obtained the position of the Teacher. The sense is that, if during the Teacher’s absence, his son teaches his pupils for a few days, he should be treated as a Teacher

Another reading is ‘guruputresvaṭhāryeṣu.’ The term ‘ārya’ in’this case would mean ‘one belonging to the highly qualified Brāhmaṇa-caste,’ as we find in such instances as — ‘śūdrāccāryo jyāyān.’

This verse does not enjoin that such treatment should lie accorded to all the sons of the Teacher.

‘Towards the Teacher’s own blood-relations.’ — The epithet ‘own’ has been added for the purpose of restricting the statement to members of the Teacher’s family; the mere fact of being a member of the Teacher’s family is the sole ground for the treatment being accorded to him, — irrespectively of age, learning, etc. — (207)

 

Explanatory notes by Ganganath Jha:

‘Ācārye’ — is construed as qualifying ‘guruputre’ according to Medhātithi, who explains the two terms as ‘the teacher’s son who imparts instruction for a few days during the absence of the teacher’. — Another reading, suggested by

Medhātithi is ‘āryeṣu’, explained as ‘duly qualified Brāhmaṇas’ (Medhātithi, Kullūka and Govindarāja); — ‘virtuous’ (Nārāyaṇa and Nandana); — ‘older in age’ (Vīramitrodaya).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 462), where we have the following explanations: — ‘Śreyaḥsu’ means ‘those possessed of superior learning and other qualifications; — ‘āryeṣu’ means ‘older in age’; — ‘guroḥ svabandhuṣu’ means ‘the teacher’s uncles and other relations — and in Yatidharmasaṅgraha (p. 34).

 

Comparative notes by various authors:

(verses 206-207)

See Comparative notes for Verse 2.206.

 

 

VERSE 2.208

Section XXX - Rules to be observed by the Religious Student

 

बालः समानजन्मा वा शिष्यो वा यज्ञकर्मणि ।
अध्यापयन् गुरुसुतो गुरुवत्मानमर्हति ॥२०८॥

bālaḥ samānajanmā vā śiṣyo vā yajñakarmaṇi |
adhyāpayan gurusuto guruvatmānamarhati ||208||

 

Whether he be younger, or of equal age, or a student of sacrificial ritual, — the Teacher’s son, imparting instruction, dfserves the same honour as the Teacher. — (208)

 

Medhātithi’s commentary (manubhāṣya):

For those persons who do not adopt, the reading whereby the term ‘ācārya’ (teacher) is made the qualification of the ‘Teacher’s son’ in the preceding verse, — it would follow that the entire treatment of the Teacher is to he accorded to the Teacher’s son who is qualified and belongs to the same caste, even though he may not have done any teaching. And it is this wide rule that is restricted by the present verse. — It is only the Teacher’s son imparting instruction that deserves the same honour as the Teacher, — and not he who does not impart instruction.

“That the Teacher’s son who imparts instruction should be honoured like the teacher follows from the mere fact of instruction having been received from him; and from what we read in connection with the story relating to the infant (vide 151 above) the propriety of similar treatment of the junior is already known; so that even for the mention of the ‘younger or of equal age’ the present verse would not be required.”

True; what has been said before is the treatment to be accorded to one who teaches the Veda, or even a portion of the Veda, — even though he be not the regular preceptor; while the person referred to here is not one who has made one get up the Veda; it is only one who teaches for a few days or even for a part of the day. And since such a person would not be either a ‘Preceptor’ or a ‘sub-teacher,’ his honouring would not be included under what has gone before; so it becomes necessary to enjoin it in the present connection.

It is from this verse that we understand that the entire treatment of the Teacher is not to be accorded to one who teaches only broken parts of a manṭra.

For those however who read ‘ācārya,’ ‘who does the work of teaching’ in the preceding verse, — the present verse would be a mere reference to what has been enjoined before, for the purpose of adding the injunction occurring in the next verse.

‘Or a student of sacrificial ritual’; — the mention of ‘sacrificial ritual’ is only by way of illustration; the meaning is that even though he be a mere student of a subsidiary science, or of a portion of the Veda — Mantra portion or the Brāhamaṇa portion, — yet he deserves to be honoured like the teacher; only if he happens to be the teacher’s son and imparts instruction in some science, he should be honoured like the teacher. Though this has been already said (in the preceding verse) yet that does not matter, as the present verse is meant to be merely re-iterative.

Some people offer the following explanation: — “The phrase ‘imparting instruction’ stands for the capacity of teaching; the sense being that if the teacher’s son has learnt the Vedas and is capable of teaching it, he should be honoured like the teacher; — whether he actually docs the work of teaching or not.”

This explanation is verbally quite correct. The Present Participal affix (in ‘adhyāpayan,’ ‘imparting instruction’) has the sense of characterisation; and this characterisation is that of an act; so that the use is in accordance with Pāṇini 3.2.128; and the act is directly mentioned as that ‘deserving the same honour as the teacher.’ — (208)

 

Explanatory notes by Ganganath Jha:

‘Yajñakarmaṇi’ — Medhātithi, Govindarāja and Nārāyaṇa construe this with ‘śiṣyaḥ’, and explain the phrase ‘Yajñakarmaṇi śiṣyaḥ’ as ‘student of sacrificial ritual (and other Vedic subsidiaries)’; — Nandana construes it with ‘adhyāpayan’, explaining the phrase as ‘who imparts instruction in sacrificial ritual — Kullūka and Rāghavānanda take it by itself, explaining it as ‘who happens to be present at a sacrificial performance’.

‘Adhyāpayan’ — ‘Teaching’ (Medhātithi); ‘Having the capacity to teach’ (Kullūka, also Vīramitrodaya).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 462) where ‘adhyāpayan’ is explained as ‘capable of teaching’; and the construction is explained as yajñakarmaṇi guruvanmānamarhati’ — i.e., ‘at a sacrificial performance, he deserves to be honoured like the Teacher’; — thus agreeing on all points with the explanation given by Kullūka.

 

Comparative notes by various authors:

(verses 208-209)

Viṣṇu (28.31-33). — ‘One should behave towards the teacher’s son who imparts instruction to him just as he would towards the teacher himself, — whether he be younger than him or of the same age; — he should not wash his feet; — nor should he eat his leavings.’

Gautama (2.38,39). — ‘He should behave similarly towards ṭhe teacher’s wife and his sons; — but should not eat his leavings, or bathe him, or dress his hair, or wash his feet, or rub his body, or clasp his feet.’

Baudhāyana (1.2.37). — ‘Towards the teacher’s son, or towards the expounder of the Veda, one should behave similarly, with the exception of eating his leavings.’

Āpastamba Dharmasūtra (1.7.30). — ‘I he behaviour towards the teacher’s son should be like that towards the teacher himself, — with the exception of eating the leavings.’

 

 

VERSE 2.209

Section XXX - Rules to be observed by the Religious Student

 

उत्सादनं च गात्राणां स्नापनौच्छिष्टभोजने ।
न कुर्याद् गुरुपुत्रस्य पादयोश्चावनेजनम् ॥२०९॥

utsādanaṃ ca gātrāṇāṃ snāpanaucchiṣṭabhojane |
na kuryād guruputrasya pādayoścāvanejanam ||209||

 

He shall not shampoo the limbs of his teacher’s son, nor assist him in bathing, nor eat of the food left by him; nor should he wash his feet. — (209)

 

Medhātithi’s commentary (manubhāṣya):

‘Shampooing’ — rubbing after oiling — he shall not do.

‘Washing of his feet’ also he shall not do; — for the teacher’s son.

It is from this prohibition that it follows that, even though not directly enjoined, these acts should be done for the teacher. When however the teacher’s son himself becomes the teacher, by becoming fully equipped to teach the entire Veda, — then the eating of the food left by him, etc., come to be done for his own sake; and the present prohibition does not apply to the acts under such circumstances. For their prohibition refers to what is due to the son, through the injunction transferring to him the treatment accorded to the teacher, — and not to what would be due to him by direct injunction. — (209)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 462) as providing exception to the general rule of the preceding verse, which declares that all that is done for the teacher should be done for his son also; and the present verse specifies certain acts of service which, though done for the Teacher, are not permissible for the Teacher’s son. ‘Gātrotsādana’ means ‘nibbing and shampooing the body.’

It is quoted also in Vidhānapārijāta (p. 495).

 

Comparative notes by various authors:

(verses 208-209)

See Comparative notes for Verse 2.208.

 

 

VERSE 2.210

Section XXX - Rules to be observed by the Religious Student

 

गुरुवत् प्रतिपूज्याः स्युः सवर्णा गुरुयोषितः ।
असवर्णास्तु सम्पूज्याः प्रत्युत्थानाभिवादनैः ॥२१०॥

guruvat pratipūjyāḥ syuḥ savarṇā guruyoṣitaḥ |
asavarṇāstu sampūjyāḥ pratyutthānābhivādanaiḥ ||210||

 

The teacher’s ladies belonging to the same caste should be honoured like the teacher himself; those not belonging to the same caste should be honoured with rising and salutations. — (210)

 

Medhātithi’s commentary (manubhāṣya):

‘The teacher’s ladies’ — wives — ‘belonging to the same caste’ — of the same caste as the teacher, — ‘should be honoured like the teacher’ — by carrying out their orders and so forth.

‘Those not belonging to the same caste’ are to be honoured only ‘with rising and salutations.’ The plural number in ‘salutations’ has the sense of ‘et cetera’: hence the doing of what is agreeable and beneficial, the non-mimicking of gait, etc., also become included. — (210)

 

Explanatory notes by Ganganath Jha:

The verse is quoted in Parāśaramādhava (Ācāra, p. 300) and in Vīramitrodaya (Saṃskāra, p. 402); — in Smṛticandrikā (Saṃskāra, pp. 103 and 123) as indicating the figurative use of the title ‘guru’; — and in Smṛtikaustubha (p. 478).

 

Comparative notes by various authors:

Viṣṇu (32.2,5). — ‘ Also the wives of these; — of such wives of the teachers as belong to lower castes, the salutation should be done from a distance; there should be no clasping of the feet.’

Gautama (2. 38). — ‘Similarly towards the wives and sons of the teachers.’

Āpastamba Dharmasūtra (1. 7.27). — ‘The behaviour towards the teacher’s wives should be similar to that towards the teacher; with the exception of the clasping of the feet and the eating of the leavings.’

Baudhāyana (1.2.38). — ‘In the case of the teacher’s wife, one should avoid hair-dressing, dressing, bathing and eating of the leavings.’

 

 

VERSE 2.211

Section XXX - Rules to be observed by the Religious Student

 

अभ्यञ्जनं स्नापनं च गात्रोत्सादनमेव च ।
गुरुपत्न्या न कार्याणि केशानां च प्रसाधनम् ॥२११॥

abhyañjanaṃ snāpanaṃ ca gātrotsādanameva ca |
gurupatnyā na kāryāṇi keśānāṃ ca prasādhanam ||211||

 

Annointing, assisting at bath, shampooing of limbs and dressing of the hair should not be done for the teacher’s wife. — (211)

 

Medhātithi’s commentary (manubhāṣya):

‘Annointing’ — rubbing of the head and body with oil, butter, and such things.

‘Shampooing’ — rubbing — ‘of limbs this includes the washing of feet also.

What is prohibited here is every service that involves the touching of the body; and the reason for this the author is going to explain below (in 213).

‘Dressing of the hair’; — arranging the, hair into various shapes, and adorning the frontal hair with Kuṅkuma, Sindūra and other things. This has been mentioned only by way of illustration; hence the adorning of the body also with sandal-paint, etc., becomes interdicted. — (211)

 

Explanatory notes by Ganganath Jha:

Parāśaramādhava (Ācāra, p. 301.) quotes this verse as laying down exceptions to the general rule regarding the clasping of the feet and the rendering of other services to the Teacher’s wife.

It is quoted in Vidhānapārijāta (p. 495); — and in Vīramitrodaya (Saṃskāra, p. 402); — also on p. 493.

 

Comparative notes by various authors:

Baudhāyana (1. 2. 38). — (See above.)

Gautama (2. 39). — ‘There should be no eating of the leavings, bathing, hair-dressing, feet-washing, shampooing and feet-clasping.’

Āpastamba Dharmasūtra (1. 7. 57). — (See above.)

Viṣṇu (32. 6). — ‘For the teacher’s wives one should not do shampooing, applying of collyrium, dressing of hair, or touching the feet and such like acts.’

 

 

VERSE 2.212

Section XXX - Rules to be observed by the Religious Student

 

गुरुपत्नी तु युवतिर्नाभिवाद्यैह पादयोः ।
पूर्णविंशतिवर्षेण गुणदोषौ विजानता ॥२१२॥

gurupatnī tu yuvatirnābhivādyaiha pādayoḥ |
pūrṇaviṃśativarṣeṇa guṇadoṣau vijānatā ||212||

 

The teacher’s wife, when young, shall not be saluted at her feet by a pupil who is full twenty years old, and who is conscious of what is good and what is bad. — (212)

 

Medhātithi’s commentary (manubhāṣya):

‘One who is full twenty years old’; — i.e., fully grown up. There is no harm in the case of the pupil who is still a ‘child,’ not having passed his sixteenth year. What is meant is one who has completed his twenty years. To the same effect we have the next qualification — ‘who is conscious of what is good and what is bad.’ The ‘good’ and ‘bad’ meant here are the pleasures and pains arising from sexual love, also the beauty and ugliness of women, as also their fidelity and infidelity.

In any case stress is not meant to be laid upon the number ‘twenty.’ — (212)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 462), where it is explained that the term ‘purṇaviṃśativarṣeṇa’ stands for full youth, and stress is not meant to be laid upon the precise age mentioned; — also in Parāśaramādhava (Ācāra, p. 301); — and in Smṛticandrikā (Saṃskāra, p. 104).

 

Comparative notes by various authors:

Viṣṇu (32, 13). — (Reproduces Manu.)

Gautama (2. 39). — ‘Feet-washing and feet-clasping shall not be done for the teacher’s wife.’

Baudhāyana (1. 2. 34). — ‘One who has become an adult shall not salute (by feet-clasping) the youthful sister-in-law or the youthful wife of the teacher.’

 

 

VERSE 2.213

Section XXX - Rules to be observed by the Religious Student

 

स्वभाव एष नारीणां नराणामिह दूषणम् ।
अतोऽर्थान्न प्रमाद्यन्ति प्रमदासु विपश्चितः ॥२१३॥

svabhāva eṣa nārīṇāṃ narāṇāmiha dūṣaṇam |
ato'rthānna pramādyanti pramadāsu vipaścitaḥ ||213||

 

It is the very nature of women to corrupt men. It is for this reason that the wise are never unguarded regarding women. — (213)

 

Medhātithi’s commentary (manubhāṣya):

It is the nature of women that they make men fall off from their fidelity: by associating with men, women would make them deviate from their vow.

For this reason the wise are never ‘unguarded’; i.e., they shun women from a distance; — ‘unguardedness’ would consist in touching her and so forth.

It is in the very nature of things that a young woman, when touched, produces a disturbance in the mind; and this mental disturbance itself has been interdicted, to say nothing of other vulgarities.

‘Pramadā’ means woman. — (213)

 

Comparative notes by various authors:

(verses 213-215)

Āpastamba Dharmasūtra (1. 3. 16). — ‘With women one should talk only when necessary.’

Āpastamba Dharmasūtra (7. 3). — ‘One should not look at a naked woman.’

Baudhāyana (1. 2. 24). — ‘Talking to women only when necessary.’

Gautama (2. 22, 41). — ‘Gazing at and touching of women should be avoided; one who has attained majority should not see young women alone.’

Śukranīti (3.27). — ‘One should not sit very near bis mother, sister or daughter.’

Mahābhārata (13. 48.47-48). — (Three lines same as Manu.) ‘That is why wise men do not become too much. attached to women.’

 

 

VERSE 2.214

Section XXX - Rules to be observed by the Religious Student

 

अविद्वांसमलं लोके विद्वांसमपि वा पुनः ।
प्रमदा ह्युत्पथं नेतुं कामक्रोधवशानुगम् ॥२१४॥

avidvāṃsamalaṃ loke vidvāṃsamapi vā punaḥ |
pramadā hyutpathaṃ netuṃ kāmakrodhavaśānugam ||214||

 

In this world women are capable op leading astray the ignorant, as well as the learned, who becomes a servile follower of desire and passion. — (214)

 

Medhātithi’s commentary (manubhāṣya):

It should not be thought that the person who has full control over his organs and who is fully aware that even locking at the Teacher’s wife with impure motives is a heinous offence, incurs no danger by touching her feet. Because so far as women are concerned, the person cognisant of the grievousness of the sin, as well as the person not so cognisant, both are equal; for no amount of learning is any use in this matter; women are capable of leading astray — on the wrong path, contrary to usage and scriptures — all men.

‘Who becomes a servile follower of desire and passion,’ — Who becomes contaminated with desire and passion. This epithet only serves to indicate a particular condition of man. Barring the too young and too old, and one who has reached the highest stage of Yoga, there is no one, with the exception of one who has entirely destroyed his human susceptibilities, who is not attracted by women, just as iron is attracted by the magnet. This is not due to any powerful influence intentionally exercised; it is in the very nature of things that at the sight of a young woman, the mind of man becomes upset, specially that of young students. — (214)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 104) as laying down the reason why the young wife of the Teacher should not be touched in the feet by the young pupil, the meaning being — ‘Because women are capable of leading the learned as well as the ignorant man, who may yield to to physical desires and other weaknesses’.

 

Comparative notes by various authors:

(verses 213-215)

See Comparative notes for Verse 2.213.

 

 

VERSE 2.215

Section XXX - Rules to be observed by the Religious Student

 

मात्रा स्वस्रा दुहित्रा वा न विविक्तासनो भवेत् ।
बलवानिन्द्रियग्रामो विद्वांसमपि कर्षति ॥२१५॥

mātrā svasrā duhitrā vā na viviktāsano bhavet |
balavānindriyagrāmo vidvāṃsamapi karṣati ||215||

 

One should not sit alone with his mother, sister or daughter. The powerful host of sense-organs overpowers even the learned. — (215)

 

Medhātithi’s commentary (manubhāṣya):

For reasons above described ‘one should not sit alone’ — in a solitary room, etc., one should not sit; nor should he touch the body, etc. Because the host of sense-organs is extremely fickle; and it ‘overpowers’ — draws, makes helpless — ‘even the learned’ — i.e., the person who has his mind fully controlled by wisdom acquired from the scriptures. — (215)

 

Comparative notes by various authors:

(verses 213-215)

See Comparative notes for Verse 2.213.

 

 

VERSE 2.216

Section XXX - Rules to be observed by the Religious Student

 

कामं तु गुरुपत्नीनां युवतीनां युवा भुवि ।
विधिवद् वन्दनं कुर्यादसावहमिति ब्रुवन् ॥२१६॥

kāmaṃ tu gurupatnīnāṃ yuvatīnāṃ yuvā bhuvi |
vidhivad vandanaṃ kuryādasāvahamiti bruvan ||216||

 

The young man may perform the proper salutation on the ground to the young wives of his Teacher, — saying “here i am.” — (216)

 

Medhātithi’s commentary (manubhāṣya):

‘May’ signifies dis-satisfaction on the part of the author; or, it may bo construed with the next verse.

‘On the ground’ — the clasping of the feet is not necessarily meant to be done.

‘The young man..... to the young wives’; — i.e., what is here laid down pertains to cases where both parties are young. If the student is a child, or the Teacher’s wife is old, then the clasping of the feet is unobjectionable.

‘Here I am’; — this refers to the rule prescribed before (in 123).

‘Proper’ — i.e., with upturned hands, etc. (see 72). — (216)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 30l), as laying down how, in view of the foregoing text, the young student is to behave towards the Teacher’s wife; — also in Vīramitrodaya (Saṃskāra, p. 462), which remarks that the term ‘yuvā’, ‘young man,’ in this verse makes it clear that the mention of ‘twenty years’ in verse 212 is meant to stand for youth in general; — in Saṃskāramayūkha (p. 47) as laying down the necessity of saluting the Teacher’s wives; — and in Smṛticandrikā (Saṃskāra, p. 104).

 

Comparative notes by various authors:

Viṣṇu (32-14). — [Reproduces Manu.]

 

 

VERSE 2.217

Section XXX - Rules to be observed by the Religious Student

 

विप्रोष्य पादग्रहणमन्वहं चाभिवादनम् ।
गुरुदारेषु कुर्वीत सतां धर्ममनुस्मरन् ॥२१७॥

viproṣya pādagrahaṇamanvahaṃ cābhivādanam |
gurudāreṣu kurvīta satāṃ dharmamanusmaran ||217||

 

Having returned from a journey, he should clasp the feet of his Teacher’s wife, and daily he should salute her, bearing in mind the duty of the righteous. — (217)

 

Medhātithi’s commentary (manubhāṣya):

Having returned from a journey, he should clasp her feet — ‘the left foot by the left hand, etc.’ (Verse 72).

‘Daily’ — every day.

‘Salute her’ — on the ground.

‘Righteous’ — Cultured. Bearing in mind that such is this duty of cultured men. — (217)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 301) as laying down how the young student is to behave to towards the Teacher’s wife.

The first half of the verse is quoted in Vīramitrodaya (Saṃskāra, p. 451) as showing that ‘pādagrahaṇa’ (clasping of the feet) is distinct from abhivādana (saluting); — and again on p. 462 the entire verse is quoted along with the preceding verse.

It is quoted in Smṛticandrikā (Saṃskāra, p. 104).

 

Comparative notes by various authors:

Gautama (2. 40). — ‘Returning from a journey, he should clasp the feet of the teacher’s wives.’

Āpastamba (1.14.7). — ‘Also when meeting her on returning from a journey.’

Viṣṇu (32.15). — [Reproduces Manu.]

 

 

VERSE 2.218

Section XXX - Rules to be observed by the Religious Student

 

यथा खनन् खनित्रेण नरो वार्यधिगच्छति ।
तथा गुरुगतां विद्यां शुश्रूषुरधिगच्छति ॥२१८॥

yathā khanan khanitreṇa naro vāryadhigacchati |
tathā gurugatāṃ vidyāṃ śuśrūṣuradhigacchati ||218||

 

Just as a man digging with the spade obtains water, — even so one who is eager to serve acquires the learning that is in the Teacher. — (218)

 

Medhātithi’s commentary (manubhāṣya):

This describes the reward in connection with the entire body of injunctions bearing upon service; and it is commendatory of learning the Veda by means of serving the Teacher.

Just as a certain man digging the earth by a spade, or some such implement, obtains water, — and he does not obtain it without trouble; similarly the pupil who is eager to serve — and attends upon him — acquires the learning that is in the Teacher. — (218)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 525) as laying down the method of acquiring learning; — and in Smṛticandrikā (Saṃskāra, p. 139) as describing the results accruing from serving the Teacher.

 

Comparative notes by various authors:

Baudhāyana (1.2.5). — ‘All Vedas enter into him who learns and behaves thus; just as fire supplied with fuel shines brightly, so shines he who knowing this follows the life of the Religious Student.’

Vyāsa Smṛti (1.36, 37). — ‘In this manner, living, from day to day, on alms, the Religious Student should keep his vows; speaking agreeably, avoiding.calumny,-, always accomplishing the needs of his teacher; from beginning to end of his Vedio Study, he should constantly attend upon him; studied in this manner, the Vedic Mantra carries the Brāhmaṇa forward.’

Āpastamba Dharmasūtra (1.14.5). — ‘Service of the Teacher is the only means.’

Nārada (Vīramitrodaya-Saṃskāra, p. 525). — ‘Knowledge is acquired by service of the Teacher, or by much wealth, or by knowledge (in exchange); there is no fourth means; — the white ants rear up a huge heap by collecting small particles of dust: it is not strength that accomplishes this but only effort; gradually and slowly is learning acquired, gradually and slowly are riches attained, gradually and slowly is the hill ascended, gradually and slowly is the rags-cover made up; and gradually is the journey accomplished.’

 

 

VERSE 2.219

Section XXX - Rules to be observed by the Religious Student

 

मुण्डो वा जटिलो वा स्यादथ वा स्यात्शिखाजटः ।
नैनं ग्रामेऽभिनिम्लोचेत् सूर्यो नाभ्युदियात् क्व चित् ॥२१९॥

muṇḍo vā jaṭilo vā syādatha vā syātśikhājaṭaḥ |
nainaṃ grāme'bhinimlocet sūryo nābhyudiyāt kva cit ||219||

 

He may have his head shaved, or wear his hair in braids, or have only the top-hair braided. The sun should never set, nor should it rise, while he is still in the village. — (219)

 

Medhātithi’s commentary (manubhāṣya):

‘Muṇḍaḥ’ — means that he should shave the whole of his head.

‘Jaṭilaḥ’ — one who has hairs braided, i.e., inextricably sticking to one another.

Or one whose ‘śikhā’ top-hair,’ only is braided; and the rest of the head is shaven.

And he should so behave himself that the sun does not set while he is still in the village; ‘village’ here includes the town also. The meaning is that at the time of sun-set he should betake himself to the forest. Similarly the sun should not rise while he is in the village; that is, for the Religious Student, sun-rise also should take place while he is in the forest.

‘Enam’ — refers to the Religious Student.

Others have explained this to mean that ‘the Sun should not set while he is still addicted to the vulgar acts of sleeping and the like.’ To this same effect we have the term ‘sleeping’ in the next verse. Under this explanation what the verse prohibits is sleeping during the two twilights; and it does not mean that he should be actually in the forest at those times; for the Student would be still too young and would be frightened (by being in the forest at twilight). In fact Gautama (9.10) has declared that the twilights should be spent outside the village after the ‘Godāna’ ceremony; and this ceremony is laid down as to be performed in the sixteenth year; and arrived at that age, the student can, if he reaches the forest, offer his twilight prayers there. — (219)

 

Explanatory notes by Ganganath Jha:

‘Grāme’ — ‘While he stays in the village’ Medhātithi, Govindarāja, Nārāyaṇa and Nandana); — ‘while he is still sleeping in the village’ (‘others’ in Medhātithi, Kullūka and Rāghavānanda).

This verse is quoted in Aparārka (p. 64); — in Saṃskāramayūkha (p. 42), as laying down three distinct alternatives; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 46b).

 

Comparative notes by various authors:

Gautama (1.29). — ‘With head shaven, with hair in braids or with top-hair braided.’

Āpastamba Dharmasūtra (1.2.31,32). — ‘With braided locks; — or others may have the head shaven, leaving the top-hair braided.’

Vaśiṣṭha (7-8). — ‘Dependent on the Teacher, with hair braided or with top-hair braided, he shall walk behind the Teacher when he walks.’

Viṣṇu (28.41). — ‘The Religious Student shall have either his hair all shaven or all in braids.’

 

 

VERSE 2.220

Section XXX - Rules to be observed by the Religious Student

 

तं चेदभ्युदियात् सूर्यः शयानं कामचारतः ।
निम्लोचेद् वाऽप्यविज्ञानाज् जपन्नुपवसेद् दिनम् ॥२२०॥

taṃ cedabhyudiyāt sūryaḥ śayānaṃ kāmacārataḥ |
nimloced vā'pyavijñānāj japannupavased dinam ||220||

 

If the sun should rise or set while he is still sleeping, either intentionally or unintentionally, he should fast during the day, reciting. (the Sāvitrī). — (220)

 

Medhātithi’s commentary (manubhāṣya):

In connection with what has gone before one should perform the following expiatory rite.

If while the student is still sleeping, the sun should rise and thereby make him incur sin. — ‘Abhi’ is a preposition according to Pāṇini’s Sūtra ‘abhirabhāge’; and hence we have the accusative ending in ‘śayanam.’ — The meaning is that if while the student is sleeping, the sun should rise, then he should fast during the day.

Some people oífer the following explanation: — “If the offence is committed in the morning, the reciting and fasting are to be done during the day, food being taken at night; while if the offence is committed in the evening, the reciting and fasting are to be done during the night, food being taken next morning. So that the term ‘day’ is purely illustrative.” And in support of their view they quote the words of Gautama (23.21) — ‘He should go without food during the day, and if the sun sets before him he should fast during the night, reciting the Sāvitrī.’

This however is not right. In both cases the expiatory rite should be performed during the day; specially as there is no authority for regarding the term ‘day’ of the text as illustrative; as the term ‘day’ does not have its denotation dependent upon that of the term ‘night’; it is entirely independent. Hence the right meaning appears to he that there should be option; that is, if the person is one who will not fall ill by keeping up the whole night, he might do it during the night; while others would do it during the day.

That the ‘reciting’ is of the Sāvitrī, we gather from the words of Gautama (quoted above).

“How can Gautama be quoted as authority on this point?”

As a matter of fact, the verb ‘should recite’ is incomplete, since it is not mentioned what is to be recited. And when there is such incompleteness, it is only right that the missing detail should be filled in from other scriptural sources.

But what the term ‘day’ mentions is the time; and this does not stand in need of any other time, so that there is no need for calling in the help of Gautama.

Or, the right explanation may be that, since the present verse prescribes the expiatory rite to be performed on the omission of the twilight prayers, the reciting of the SācUrī eorties in naturally; it has been declared above (2.88) that ‘there is nothing higher than the Sāvitrī.’

‘Intentionally;’ — i.e., who knowingly sleeps in the evening.

‘Unintentionally;’ — when he has been sleeping for a long time and fails to perceive the advent of evening; this is what is meant by ‘absence of intention.’ The sense of all this is as follows: — When the omission is intentional and due to careless-ṇess, it is necessary to perform the expiatory rite here prescribed; he who omits the prayers at sun-set and sun-rise, for him the expiatory rite has been prescribed as ‘fasting,’ which has to be done at the neglect of all compulsory duties.

Or, he who intentionally transgresses the scriptural ordinance, this also is ‘ignorance’ on his part. — (220)

 

Explanatory notes by Ganganath Jha:

‘Dinam’ — “The translation of the last words (Shall fast during the next day muttering the Sāvitrī) follows Govindarāja and Kullūka; while Medhātithi, Nārāyaṇa and Rāghavānanda state that the penance shall be performed during the (next) day (or night), and that he who neglects the evening prayer shall fast in the evening and repeat the Gāyatrī during the night.” — Buhler.

Medhātithi is not quite accurately represented here. For his view is clearly put in paras 2 and 3, on page 575 (Translation) where the view, that “if the offence is committed in the evening the reciting and fasting are to be done during the night”, has been rejected in unmistakable terms.

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 447), as laying down an expiation for sleeping at sunrise; — and in Prāyaścittaviveka (p. 398), as laying down the expiation for repeated delinquency.

 

Comparative notes by various authors:

(verses 220-220)

Viṣṇu (8-53). — [Reproduces Manu 220.]

Gautama (23.21). — ‘The Religious Student before whom the Sun has risen shall remain without food during the day: and he who remains asleep at sunset should remain without food during the night, repeating the Sāvitrī.’

Āpastamba Dharmasūtra (2.12-13, 14). — ‘If asleep, he is forestalled by sunset, he shall remain without food, and silent, during the night; and in the morning, shall bathe and then speak; — if he is asleep at sunrise, he shall remain without food and silent during the day.’

Āpastamba Dharmasūtra (2.12.22). — ‘He who is forestalled by sunrise, he who is forestalled by sunset, he with bad nails... are impure.’

Vaśiṣṭha (20.4.6). — ‘Forestalled by sunrise, he shall remain standing during the day and repeat the Sāvitrī; — similarly if he, while asleep, is forestalled by sunset, he shall sit up during the night.’

Vaśiṣṭha (1.17). — ‘He who is forestalled by sunrise, he who is forestalled by sunset, who has bad nails, who has black teeth...... are sinners.’

 

 

VERSE 2.221

Section XXX - Rules to be observed by the Religious Student

 

सूर्येण ह्यभिनिर्मुक्तः शयानोऽभ्युदितश्च यः ।
प्रायश्चित्तमकुर्वाणो युक्तः स्यान् महतेनसा ॥२२१॥

sūryeṇa hyabhinirmuktaḥ śayāno'bhyuditaśca yaḥ |
prāyaścittamakurvāṇo yuktaḥ syān mahatenasā ||221||

 

If during one’s sleep the sun has set, and if during one’s sleep the sun has risen, — if he does not perform the Expiatory Rite, he becomes tainted by grievous sin. — (221)

 

Medhātithi’s commentary (manubhāṣya):

This is a commendatory statement pertaining to the aforesaid injunction of the expiatory rite.

He who becomes tainted by the setting of the sun, — similarly who becomes tainted by the rising of the sun; — and he does not perform the expiatory rite prescribed above, — then he becomes tainted by ‘grievous’ — not minor — ‘sin.’ ‘Sin’ is the name of that unseen force which leads one to suffer pain in the form of living in hell and so forth. — (221)

 

Comparative notes by various authors:

(verses 220-220)

See Comparative notes for Verse 2.220.

 

 

VERSE 2.222

Section XXX - Rules to be observed by the Religious Student

 

आचम्य प्रयतो नित्यमुभे सन्ध्ये समाहितः ।
शुचौ देशे जपञ्जप्यमुपासीत यथाविधि ॥२२२॥

ācamya prayato nityamubhe sandhye samāhitaḥ |
śucau deśe japañjapyamupāsīta yathāvidhi ||222||

 

Having sipped water, with calm and collected mind, he shall daily attend upon the two twilights, in a clean place, reciting the mantras to be recited, according to rule. — (222)

 

Medhātithi’s commentary (manubhāṣya):

In as much as there is great sin accruing from sleeping at sun-set and sun-rise, — therefore ‘having sipped water — ‘with mind calm’ — intent upon the purpose — ‘and collected’ — having set aside all distractions; — ‘in a dean place, reciting the mantras to be recited,’ — i.e., the Praṇava, the Vyāhṛtis and the Sāvitrī; — ‘one should attend upon the two twilights.’ The two twilights are the objects to be attended upon; and ‘attendance’ in this case can only be in the form of a particular disposition of the mind.

Or, the construction may be — ‘During the two twilights he shall attend upon — the Sun.’ Since the mantra (Sāvitrī) is one sacred to the Sun, it is the Sun that should be the object of attendance; i.e., having given up all distraction, he should fix his mind upon the Sun.

The rest of the verse is a descriptive commendation of the foregoing injunction; the attending alone being the object of the injunction.

Others explain that the verse is meant to be the injunction of the ‘clean place.’

But in this case there would be a needless repetition. In connection with all acts it has been laid down that ‘it should be done by one who is clean’; and if one were to sit in an unclean place, how could he be regarded as ‘clean’? — (222)

 

Comparative notes by various authors:

Viṣṇu (28.2). — ‘Offering of the two Twilight Prayers.’

Gautama (2-17). — ‘The Morning Prayer should be offered standing, the Evening one, seated; the former while stars are visible, the latter before the stars have become visible.’

 

 

VERSE 2.223

Section XXX - Rules to be observed by the Religious Student

 

यदि स्त्री यद्यवरजः श्रेयः किं चित् समाचरेत् ।
तत् सर्वमाचरेद् युक्तो यत्र चास्य रमेन् मनः ॥२२३॥

yadi strī yadyavarajaḥ śreyaḥ kiṃ cit samācaret |
tat sarvamācared yukto yatra cāsya ramen manaḥ ||223||

 

If either a woman; or a junior person, do something good, he should faithfully perform all that; as also that in which his mind finds satisfaction. — (223)

 

Medhātithi’s commentary (manubhāṣya):

‘If either a woman,’ — i.e., the teacher’s wife, — ‘or a junior person’ — a younger boy, — having learnt from the teacher — ‘do something good,’ — i.e., perform acts conducive to the triad beginning with ‘dharma’ [ i. e., acts conducive to religious merit, worldly prosperity and pleasure] — ‘all that me should perform.’ It is possible that by reason of their association with the teacher they may have obtained the requisite knowledge.

Or ‘junior person’ may stand for the Śūdra employed in the Teacher’s service; and if he should offer such advice as — ‘the two excretory organs are to be washed in this manner, — wash your hands thoroughly, you have forgotten the right order of applying mud and water; — when giving him water I have often seen your Teacher washing his posterior parts in this way that he cleans it first with mud, then with water,’ — i.e., if being fully cognisant of the right usage he should offer such advice; — similarly if the Teacher’s wife should teach him the right way to sip water; ‘all that he should perform faithfully’ — with full faith; and he should not disregard the advice as coming from a Śūdra or a woman.

‘Do.’ — What is meant, is practice following the precept. It is going to be declared later on that ‘one should derive knowledge of his duty and cleanliness from all sources.’

It is quite possible that the Teacher himself might have told his wife to help the boy, who is like a son to him, to sip water in the right manner; or he might tell (the servant) — ‘you should give him mud and water for cleaning his excretory organs’; — and under all these circumstances, the pupil should follow the advice as to the using of the mud and the pouring of water.

Or, the meaning may be that, in the matter of the purity of metal, stone, and water, etc., he should accept as authoritative the method adopted in the Teacher’s house by his wife and servants. In this way the present verse would be laying down the extent to which the usage of women and Śūdras should be relied upon.

“In this way then, the practice of all persons ignorant of the Veda becomes authoritative; and this is not right; because as a matter of fact, not even the slightest practice of persons ignorant of the Veda should be authoritative. The very root (of the authority of practices) consists of connection with persons learned in the Veda. If this root, in the shape of connection with persons learned in the Veda, is present, then that would supply the requisite authority; where would be the use of mentioning the woman? Specially as in matters like this, no authority can be intended, to rest in the practices of women and Śūdras. If such bad been the intention of the Author, he would have said this under the section dealing with the ‘sources of knowledge of Dharma.’”

From all this it is clear that the truth of the matter is that the present verse is meant to introduce the explanation of what is ‘good’ (coming in the next verse).

Or, it may be regarded as re-iterating the trustworthiness of the words of the Teacher; the sense being — ‘Even when the woman or the Śūdra state the words of the Teacher, it is right to act up to them, — what to say of what is told directly by the Teacher himself!’

‘As also that in which his mind finds satisfaction.’ — The purport of this has been explained under the term ‘Self-satisfaction’ (2.6).

In every way it is clear that there is not much useful purpose served by this verse. — (223)

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (2.29.2). — ‘He who repeats a good act obtains specially good rewards.’

 

 

VERSE 2.224

Section XXX - Rules to be observed by the Religious Student

 

धर्मार्थावुच्यते श्रेयः कामार्थौ धर्म एव च ।
अर्थ एवैह वा श्रेयस्त्रिवर्ग इति तु स्थितिः ॥२२४॥

dharmārthāvucyate śreyaḥ kāmārthau dharma eva ca |
artha evaiha vā śreyastrivarga iti tu sthitiḥ ||224||

 

Spiritual merit and wealth are called “good”; or pleasure and wealth; or spiritual merit alone, or wealth alone is “good”; but the truth is that it is the aggregate of the three. — (224)

 

Medhātithi’s commentary (manubhāṣya):

In a friendly spirit, the Author now proceeds to explain what it is that is praiseworthy, which, when carried into practice, does no harm either visible or invisible, and which is called ‘good’ in ordinary parlance.

What is stated here is not founded on the Veda, nor is it an explanation of the denotation of words, as we have had before in the case of such words as ‘preception’ and the rest. The fact of the matter is that when a man acts he seeks to obtain something ‘good’; and the Author is going to explain that such and such a thing is the ‘good’ for the sake of which man acts.

On this point he puts forward the different opinions that have been held.

(1) Some people have held that spiritual merit and wealth are “good” ‘Spiritual merit’ consists in the due observance of the Injunctions and Interdictions contained in the scriptures. ‘Wealth’ consists in cattle, lands, gold and so forth. These alone constitute “good”; since man’s happiness depends upon them.

(2) Another opinion is that ‘pleasure and wealth’ constitute the “good.” Pleasure is the one thing desired by men; hence pleasure is the “good and wealth also, since it is conducive to pleasure. The Cārvākas (Atheists) have declared that “Pleasure is the one end of man, and wealth is the means to it, as also is ‘Spiritual Merit,’ if there is such a thing.”

(3) [The third opinion is that] Spiritual Merit is the highest ‘good’ of all, — all this being based upon that. To this end it has been declared that ‘from Spiritual Merit proceed Wealth and Pleasure.’

(4) That Wealth is the sole ‘good’ is held by tradesmen aud professionals.

(5) The real truth is that it consists in ‘the aggregate of the three’ Hence it follows that one should attend to Wealth and Pleasure also, but only such as are compatible with Spiritual Merit, and not such as are contrary to it. So says Gautama (9.46) — ‘One should, as far as lies in his power, make his mornings, middays and evenings fruitful with Spiritual Merit, Wealth and Pleasure.’

‘Aggregate of three’; — i.e., a group consisting of three factors. That is, the name ‘good’ is applied by convention to the three taken together. — (224)

 

Explanatory notes by Ganganath Jha:

Hopkins remarks “four schools are noted but he ignores the fifth, — the Siddhānta — ‘trivargamiti tu sthitiḥ’ ‘the truth is that it is the aggregate of the three.’

This verse is quoted in Aparārka (p. 158), which adds that Dharma, Artha and Kāma are the ‘group of three’; — this constitutes the ‘Śreyaḥ’, which one should constantly bear in mind as the aim to be attained.

 

Comparative notes by various authors:

Gautama (9.48.49). — ‘Either the morning or the midday or tho evening, he shall not make devoid of merit, wealth and pleasure; — from among these he should regard merit as the highest.’

Vaśiṣṭha (1.1). — ‘The investigation of Dharma for the good of man.’

Viṣṇu (1.8). — ‘Merit is the essence of all.’

Āpaslamba Dharmasūtra (1.20.3). — ‘When a man does what is meritorious, wealth follows.’

 

 

VERSE 2.225

Section XXX - Rules to be observed by the Religious Student

 

आचार्यश्च पिता चैव माता भ्राता च पूर्वजः ।
नार्तेनाप्यवमन्तव्या ब्राह्मणेन विशेषतः ॥२२५॥

ācāryaśca pitā caiva mātā bhrātā ca pūrvajaḥ |
nārtenāpyavamantavyā brāhmaṇena viśeṣataḥ ||225||

 

The preceptor, the father, the mother and the elder brother should not be treated with disrespect, especially by a Brāhmaṇa, — even though he be distressed — (225)

 

Medhātithi’s commentary (manubhāṣya):

In fact no one should bo treated with disrespect; specially these. That is to say, the disrespect of these entails a heavier expiation.

‘Distressed’ — injured by them.

‘Treating with disrespect’ consists in disregard; the omitting of honour due; as also insulting, which is called ‘want of respect.’

The term ‘Brāhmaṇa’ has been added only for filling up the metre. — (225)

 

Explanatory notes by Ganganath Jha:

There is a confusion in the position of the two verses 225 and 226. Burnell places 226 — ‘Ācāryo brahmaṇo mūrtiḥ &c.’ — before 225 — ‘Ācāryaśca pitā chaiva &c.’

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 94).

 

Comparative notes by various authors:

(verses 225-228)

Gautama (21.15). — ‘There should be no remissness in one’s behaviour towards his father and mother.’

Āpastamba Dharmasūtra (1.14.6). — ‘Towards the father and the mother, one’s service shall be as towards the Ācārya.’

Viṣṇu (31.1). — ‘For man there are three super-elders; — the Father, the Mother and the Ācārya; — one should ever attend upon these; — one should do what is agreeable and beneficial to these.’

 

 

VERSE 2.226

Section XXX - Rules to be observed by the Religious Student

 

आचार्यो ब्रह्मणो मूर्तिः पिता मूर्तिः प्रजापतेः ।
माता पृथिव्या मूर्तिस्तु भ्राता स्वो मूर्तिरात्मनः ॥२२६॥

ācāryo brahmaṇo mūrtiḥ pitā mūrtiḥ prajāpateḥ |
mātā pṛthivyā mūrtistu bhrātā svo mūrtirātmanaḥ ||226||

 

The preceptor is the embodiment of Brahman; the father is the embodiment of Prajāpati; the Mother is the embodiment of the earth, and one’s own brother is the embodiment of the self. — (226)

 

Medhātithi’s commentary (manubhāṣya):

This verse is commendatory of what has gone above.

That supreme Brahmaṇ which is described in the Vedantic Upaniṣads — of that the Preceptor is the ‘embodiment’ — i.e., he is as it were the very image of Brahman. ‘The father is the embodiment of Prajāpati’ — i.e., Hiraṇyagarbha. The mother is the same as this earth, — both being equally capable; of bearing burdens. ‘One’s own’ — i.e., uterine — ‘brother is the embodiment of the self’ — the conscious entity within the body.

All the gods here named are possessed of majestic greatness, and destroy one, if they are treated with disrespect, while if propitiated, they endow one with all desirable things; and similar to these are the preceptor and the rest; who thus become eulogised by this verse. — (226)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 94).

 

Comparative notes by various authors:

(verses 225-228)

See Comparative notes for Verse 2.225.

 

 

VERSE 2.227

Section XXX - Rules to be observed by the Religious Student

 

यं मातापितरौ क्लेशं सहेते सम्भवे नृणाम् ।
न तस्य निष्कृतिः शक्या कर्तुं वर्षशतैरपि ॥२२७॥

yaṃ mātāpitarau kleśaṃ sahete sambhave nṛṇām |
na tasya niṣkṛtiḥ śakyā kartuṃ varṣaśatairapi ||227||

 

The trouble that the parents undergo in the birth of children, — for that there can be no compensation even in a hundred years. — (227)

 

Medhātithi’s commentary (manubhāṣya):

This is another commendatory statement describing a past event.

‘Trouble’ — pain; — ‘Parents’–‘father and mother’; — ‘of children’ — of their offsprings. ‘At the birth’ — from conception up to the tenth year of their age. The ‘trouble’ of the mother consists in the bearing of the child in the womb; then again, parturition endangers the very life of women. After the birth of the child, there follows the trouble of rearing him; all this is known by all persons in their own experience. For the father also there is ‘trouble’ beginning with Upanayana and ending in the explanation of the meaning of Vedic texts.

The term ‘birth’ here cannot mean conception; as this act entails no trouble at all; what are meant are all the acts that follow the act of conceiving, all which are troublesome.

‘For that’ — trouble — ‘there can be no compensation’ — payment of the debt; the repayment of the benefits conferred; this cannot be done ‘even in a hundred years’ — i.e., even during several lives; what to say of a single life! There may be some compensation for parents if one presents them with innumerable wealth or saves them from a very great calamity. — (227)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 94).

 

Comparative notes by various authors:

(verses 225-228)

See Comparative notes for Verse 2.225.

 

 

VERSE 2.228

Section XXX - Rules to be observed by the Religious Student

 

तयोर्नित्यं प्रियं कुर्यादाचार्यस्य च सर्वदा ।
तेष्वेव त्रिषु तुष्टेषु तपः सर्वं समाप्यते ॥२२८॥

tayornityaṃ priyaṃ kuryādācāryasya ca sarvadā |
teṣveva triṣu tuṣṭeṣu tapaḥ sarvaṃ samāpyate ||228||

 

He should always do what is pleasing to those two and to the preceptor; on these three being satisfied, all austerity becomes completed. — (228)

 

Medhātithi’s commentary (manubhāṣya):

For reasons stated above, — ‘of these two’ — of the father and the mother, — ‘and of the preceptor,’ — ‘always’ — as long as one lives, — ‘he should do what is pleasing to’; and one should not be satisfied with acting agreeably to them once, twice or thrice only.

‘On these three’ — preceptor and the rest — ‘being satisfied’ — i.e., when they have been propitiated by devoted service, — ‘all austerity’; i.e., the rewards that Are obtained by the performance of the ‘Cāndrāyaṇa’ and other penances for several years are obtained from the satisfaction of these three. — (228)

 

Comparative notes by various authors:

(verses 225-228)

See Comparative notes for Verse 2.225.

 

 

VERSE 2.229

Section XXX - Rules to be observed by the Religious Student

 

तेषां त्रयाणां शुश्रूषा परमं तप उच्यते ।
न तैरनभ्यनुज्ञातो धर्ममन्यं समाचरेत् ॥२२९॥

teṣāṃ trayāṇāṃ śuśrūṣā paramaṃ tapa ucyate |
na tairanabhyanujñāto dharmamanyaṃ samācaret ||229||

 

The service of these three is declared to be the highest austerity; until permitted by them, one should not perform any other meritorious act. — (229)

 

Medhātithi’s commentary (manubhāṣya):

Question. — “How can the reward of austerities be obtained by means of serving the mother, etc., which is not austerity at all?”

Answer. — Because attending upon the feet of those persons is the best form of austerity.

‘Until he is permitted by them,’ — the pupil — 'should not perform any other meritorious act, that may stand in the way of his serving of the three persons; e.g., bathing at sacred places, keeping of vows and fasts, which, by reason of their leading to the boy’s body being emaciated, causes anxiety in their minds. Even for the performing of the Jyotiṣṭoma and other sacrifices, it is necessary to obtain their permission;

because the disregarding of these persons has been interdicted; and if the boy were not to consult them regarding the performance of acts involving much effort and expenditure of wealth, they would feel bewildered and would feel as if they were disregarded. There is no use in taking permission for the performing of such acts as are compulsory. — (229)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 95).

 

Comparative notes by various authors:

Viṣṇu (31.4.6). — ‘One should do what they tell him to do; — he shall do nothing until permitted by them.’

Mahābhārata (12.108.5). — (Same as second half of Manu.)

 

 

VERSE 2.230

Section XXX - Rules to be observed by the Religious Student

 

त एव हि त्रयो लोकास्त एव त्रय आश्रमाः ।
त एव हि त्रयो वेदास्त एवौक्तास्त्रयोऽग्नयः ॥२३०॥

ta eva hi trayo lokāsta eva traya āśramāḥ |
ta eva hi trayo vedāsta evauktāstrayo'gnayaḥ ||230||

 

These have been declared to be the three regions, these the three life-stages, these the three Vedas and these the three fires. — (230)

 

Medhātithi’s commentary (manubhāṣya):

What is stated here is on the understanding that there is no difference between the cause and its effects.

‘These have been declared to be the three regions,’ — because they are the means by which one is enabled to reach the three regions.

‘These the three life-stages’ — i.e., with the exception of the first, that of the Religious Student. The meaning is that the reward obtained by means of the three life-stages beginning with that of the Householder is obtained if these three persons are satisfied.

‘These the three Vedas’; — because service of them brings the same reward that is obtained by reciting the three Vedas.

‘These the three Fires’; — because the serving these brings the rewards that are obtained by the performance of acts done with the help of the three sacrificial fires.

This also is purely eulogistic. — (230)

 

Explanatory notes by Ganganath Jha:

‘Traya āśramāḥ’; — ‘The last three, life-stages’; (Medhātithi and Govindarāja); — ‘the first three life-stages’ (Kullūka, Nārāyaṇa and Nandana).

This verse is quoted in Smṛticandrikā (Saṃskāra, P. 95).

 

Comparative notes by various authors:

Viṣṇu (31.7). — [Reproduces Manu.]

Mahābhārata (12.108.6). — (Same as Manu.)

 

 

VERSE 2.231

Section XXX - Rules to be observed by the Religious Student

 

पिता वै गार्हपत्योऽग्निर्माताऽग्निर्दक्षिणः स्मृतः ।
गुरुराहवनीयस्तु साऽग्नित्रेता गरीयसी ॥२३१॥

pitā vai gārhapatyo'gnirmātā'gnirdakṣiṇaḥ smṛtaḥ |
gururāhavanīyastu sā'gnitretā garīyasī ||231||

 

The Father has been declared to be the Gārhapatya Fire, the Mother the Dakṣiṇa Fire, and the Preceptor the Āhavanīya fire; and this Triad of fires is highly important. — (231)

 

Medhātithi’s commentary (manubhāṣya):

The father, etc., have been called ‘gārhapatya’ and the rest by reason of some sort of resemblance.

‘This Triad of Fires’ — i.e., the three sacrificial Fires — ‘is highly important,’ — i.e., conducive to great results.

The word ‘treta’ (Triad) is etymologically analysed as ‘trāṇam itā’ which means ‘got up for the purposes of protection.’ — (231)

 

Explanatory notes by Ganganath Jha:

“For the arrangement of these three fires, see the plan at the end of the first volume of Haig’s Aitareya Brāhmaṇa, and that at page 191 of Hillebrandt’s Das Altindische Neu-und Vollmondsopfer. These fires are on circular, semi-circular and square altars respectively. For the same comparisons, otherwise employed, see Āpastamba, 2.7.2.” — (Burnell — Hopkins).

This verse is quoted in Prāyascittaviveka (p. 128); — and in Smṛticandrikā (Saṃskāra, p. 95).

 

Comparative notes by various authors:

Viṣṇu (31.8). — ‘The father is the Gārhapatya Fire; the Mother, the Dakṣiṇāgni; and the Teacher, the Āhavanīya.’

Mahābhārata (12.108.7). — (Same as Manu.)

 

 

VERSE 2.232

Section XXX - Rules to be observed by the Religious Student

 

त्रिष्वप्रमाद्यन्नेतेषु त्रीन् लोकान् विजयेद् गृही ।
दीप्यमानः स्ववपुषा देववद् दिवि मोदते ॥२३२॥

triṣvapramādyanneteṣu trīn lokān vijayed gṛhī |
dīpyamānaḥ svavapuṣā devavad divi modate ||232||

 

The Householder who fails not towards these three would win the three regions, and rejoice in heaven, radiant in body, like a God. — (232)

 

Medhātithi’s commentary (manubhāṣya):

‘Who fails not’ — who does not omit the servise; i.e., by serving these ‘he wins,’ — makes his own, obtains mastery over — ‘the three regions.’

‘The householder.’ — It is when the son has reached the householder’s stage that his service becomes of great value to his parents and others; as by that time they become old.

‘Radiant.’ — Shining, resplendent with his own effulgence. ‘Like a God,’ — i.e., like the Sun.

‘Rejoices in heaven’ — in the heavenly regions. — (232)

 

Comparative notes by various authors:

Mahābhārata (12.108.8). — (Same as Manu, but reversing the order — ‘Pitṛvṛttyā imam lokam mātṛvṛttyā tathāparam.’)

 

 

VERSE 2.233

Section XXX - Rules to be observed by the Religious Student

 

इमं लोकं मातृभक्त्या पितृभक्त्या तु मध्यमम् ।
गुरुशुश्रूषया त्वेवं ब्रह्मलोकं समश्नुते ॥२३३॥

imaṃ lokaṃ mātṛbhaktyā pitṛbhaktyā tu madhyamam |
guruśuśrūṣayā tvevaṃ brahmalokaṃ samaśnute ||233||

 

He acquires this region by devotion to his Mother, the middle region by devotion to his Father, and the region of Brahman by serving his Preceptor. — (233)

 

Medhātithi’s commentary (manubhāṣya):

‘This region;’ — i.e., the Earth; the Mother being equal to the Earth, on account of both of them being capable of bearing burdens.

‘By devotion to his Father, the middle region;’ — i.e., the sky. The Father has been described as Prajāpati; and according to the followers of the Nirukta, Prajāpati has his abode in the middle Region; and he is the sustainer or protector of men.

‘The Region of Brahman’ — i.e., the solar region; according to the declaration (in the Chāndogya Upaniṣad) that ‘the Sun is Brahman, such is the teaching.’

‘Region’ — means a particular place.

‘Acquires’ — gains.

All this is a purely commendatory statement; and much attention need not be paid to it. Nor is it that only persons desirous of sovereignty over the said regions are to do honour to the Rather, etc.; for the injunction is not an optional one. In fact, the mere fact of the person being one’s father is the sole condition of his being honoured; and the omission of it involves a transgression of the scriptures. — (233)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 336) under the section ‘Worship of the Guru’; — in Prāyaścittaviveka (p. 129); — and in Smṛticandrikā (Saṃskāra, p. 95).

 

Comparative notes by various authors:

Viṣṇu (31.10). — [Reproduces Manu.]

Śruti (Parāśaramādhava, p. 336). — ‘These objects become manifest to that person who has the highest devotion to God, and as towards God so towards the Guru.’

Śivapurāṇa (Parāśaramādhava, p. 336). — ‘The Guru has been declared to be Śiva.’

Mahāhhārata (12.108.9). — (Same as Manu.)

 

 

VERSE 2.234

Section XXX - Rules to be observed by the Religious Student

 

सर्वे तस्यादृता धर्मा यस्यैते त्रय आदृताः ।
अनादृतास्तु यस्यैते सर्वास्तस्याफलाः क्रियाः ॥२३४॥

sarve tasyādṛtā dharmā yasyaite traya ādṛtāḥ |
anādṛtāstu yasyaite sarvāstasyāphalāḥ kriyāḥ ||234||

 

All the duties have been honoured by him who has honoured these three; and all acts remain fruitless for him who does not honour them. — (234).

 

Medhātithi’s commentary (manubhāṣya):

‘Honoured’ — respected. The mention of ‘honouring’ indicates that the person honoured is intent upon repaying the benefits he has received. As a matter of fact, the person who is honoured becomes pleased and tries to repay it. Or, ‘honoured’ may be taken as standing for ‘pleased.’ And as Duties are endless, the entire satisfaction of these would not be possible; so that what is indicated is ‘anxiety to bring about the desired result’; hence what is meant is that ‘all acts done by him bear fruit quickly.’

‘By him who has honoured these three’ — who has satisfied them by his service.

If these persons are not honoured, then whatever meritorious act the man does with a view to reward remains fruitless.

‘All acts’, — i.e., rites performed according to Śrauta and Smārta rules.

This verse is purely commendatory. The fact of the matter is that the injunction of honouring the three persons aims at the accomplishment of something desirable for man; so that by transgressing it the man would incur a great sin, which would obstruct the fulfilment of any reward that he might have won by his acts. It is with a view to this that it is said that ‘all his acts remain fruitless.’ — (234)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 336) along with verse 233; — and in Smṛticandrikā (Saṃskāra, p. 95).

 

Comparative notes by various authors:

Viṣṇu (31.9). — [Reproduces Manu.]

Mahābhārata (12.103.12). — (Same as Manu, but reading ‘lokāḥ’ for ‘dharmaḥ.’)

 

 

VERSE 2.235

Section XXX - Rules to be observed by the Religious Student

 

यावत् त्रयस्ते जीवेयुस्तावत्नान्यं समाचरेत् ।
तेष्वेव नित्यं शुश्रूषां कुर्यात् प्रियहिते रतः ॥२३५॥

yāvat trayaste jīveyustāvatnānyaṃ samācaret |
teṣveva nityaṃ śuśrūṣāṃ kuryāt priyahite rataḥ ||235||

 

So long as these three live, he should not do anything else; he should always bender service unto them, rejoicing in what is pleasing and beneficial to them. — (235)

 

Medhātithi’s commentary (manubhāṣya):

What is meant by this verse has already been explained.

‘He should not do anything else.’ — Any other act leading to visible or invisible results, — without their permission, as has already been stated above (under 229).

‘He should always render service unto them, rejoicing in what is pleasing and beneficial to them.’ — What causes them pleasure is ‘pleasing,’ and what sustains them is ‘beneficial.’ — (235)

 

Explanatory notes by Ganganath Jha:

This also is quoted along with verses 233 and 234, in Parāśaramādhava (Ācāra, p. 336); — and in Smṛticandrikā (Saṃskāra, p. 95).

 

Comparative notes by various authors:

Viṣṇu (31.3.5.6). — ‘One should always attend upon these; — he should do what is agreeable and beneficial to them; — he should do nothing without their permission.’

 

 

VERSE 2.236

Section XXX - Rules to be observed by the Religious Student

 

तेषामनुपरोधेन पारत्र्यं यद् यदाचरेत् ।
तत् तन्निवेदयेत् तेभ्यो मनोवचनकर्मभिः ॥२३६॥

teṣāmanuparodhena pāratryaṃ yad yadācaret |
tat tannivedayet tebhyo manovacanakarmabhiḥ ||236||

 

He should communicate to them by thought, word or deed whatever he may do without injury to them, for the sake of the next life. — (236)

 

Medhātithi’s commentary (manubhāṣya):

‘Pāratryam’ — ‘that which is done for the sake of another life’ — is that act whose reward is obtained during the next birth. The form of this word is Vedic.

Whatever religious act he should do, apart from the serving of them, without causing them trouble, — of all that he should inform them; he should make it known to them.

The qualification ‘without injury to’ has been added with a view to convey the following idea: — One should, not

press them to permit the performance of an act that may be injurious to them. It sometimes happens that a simple-minded person, when pressed, permits the doing of an act, not minding the harm that it may do him, and the present verse is meant to prohibit this.

‘By thought, word or deed.’ — This communication is not for the purpose of accomplishing some unseen result. The meaning is that he should show by his actual deed that he has acted in strict accordance with the permission accorded to him.

Or, the verse may be construed as — ‘whatever act for the sake of the next life he does, by thought word or deed, that he should make known to them.’ — (236)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 95), which explains ‘pāratryam’ as ‘acts pertaining to the other world, spiritual acts.’

 

Comparative notes by various authors:

Viṣṇu (31.4.6). — ‘He shall do what they tell him to do; — he shall not do anything until permitted by them.’

 

 

VERSE 2.237

Section XXX - Rules to be observed by the Religious Student

 

त्रिष्वेतेष्वितिकृत्यं हि पुरुषस्य समाप्यते ।
एष धर्मः परः साक्षादुपधर्मोऽन्य उच्यते ॥२३७॥

triṣveteṣvitikṛtyaṃ hi puruṣasya samāpyate |
eṣa dharmaḥ paraḥ sākṣādupadharmo'nya ucyate ||237||

 

All that ought to be done by man is finished on these three; this is the highest direct duty; every other is a subordinate duty. — (237)

 

Medhātithi’s commentary (manubhāṣya):

The particle ‘iti’ (‘all’)denotes the end, and signifies entirety.

Whatever there is that ought to be done by man, whatever there is that is conducive to the fulfilment of man’s purpose, — all that is ‘finished’ — becomes entirely accomplished — ‘on these three’ being duly propitiated.

‘This is the highest duty,’ — because ‘direct.’

‘Every other,’ duty in the form of Agnihotra and the rest — is ‘subordinate.’ That is, they are like the door-keeper (leading up to the king), and not directly like the king himself. This is a praise (of the act of serving the father, etc.).

The prohibition of disregarding them, — the injunction of doing what is pleasing and beneficial to them, — of not doing what may be injurious to them, — and the non-doing of acts not injurious to them, without their permission apart from these, all the other verses are merely commendatory. — (237)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 95).

 

 

VERSE 2.238 [Acquiring of Learning from the Lowest]

Section XXXI - Acquiring of Learning from the Lowest

 

श्रद्दधानः शुभां विद्यामाददीतावरादपि ।
अन्यादपि परं धर्मं स्त्रीरत्नं दुष्कुलादपि ॥२३८॥

śraddadhānaḥ śubhāṃ vidyāmādadītāvarādapi |
anyādapi paraṃ dharmaṃ strīratnaṃ duṣkulādapi ||238||

 

One imbued with faith may acquire excellent learning even from a lowly person, special law even from the lowest, and the gem of a wife even from a base family. — (238)

 

Medhātithi’s commentary (manubhāṣya):

‘Imbued with faith’ — the pupil who is devoted, having his innermost soul imbued with trust in the scriptures.

‘Excellent learning,’ — i.e., the science of reasoning as propounded in the Nyāya-śāstra, etc.; or, it may mean ‘that which duly shines,’ i.e., good poetry and poetics as propounded by Bharata and other writers; or, it may mean the ‘science of incantations,’ which is of no use regarding Dharma.

Such learning one might ‘acquire’ — learn — ‘even from the lowly person,’ — i.e., from a person born of a lower caste. ‘excellent learning’ here should not be taken as the ‘Vedic Science’; for even though in abnormal times of distress the learning of the Veda from lower castes may be permitted — as we shall find later on (Verse 241), yet it cannot be permitted in normal times. That learning which is ‘not excellent,’ — such as the science of magic, etc. — one should not learn at all.

‘Lowest’ is the Cāṇḍāla; from him even, one may learn the ‘special law,’ — i.e., law other than that expounded in Śrutis and Smṛtis; i.e., law relating to ordinary worldly matters. The term ‘dharma,’ ‘law,’ is also used in the sense of rule. The sense thus is that — if even a Cāṇḍāla should say — ‘such is the rule here,’ — ‘do not stay here for long,’ — ‘do not bathe in this water,’ — ‘such is the custom among the people of the village,’ — ‘such is the restriction imposed by the king,’ — then one should not think that he should obey only the words of his Preceptor and he need not pay any heed to those of a Cāṇḍāla who has dared to advise him.

We should not take the term ‘special law’ to mean ‘the knowledge of truth regarding Brahman’; because it is not possible to acquire this knowledge from the Cāṇḍāla and such people, for the simple reason that they are ignorant of the Veda; and from no other source such knowledge can be derived; specially as the teaching of Brahman is not like the teaching of incantations for the cure of scorpion-bite, etc.

‘Gem of a wife,’ — the wife who is like a gem; the compound being based upon similitude, according to Pāṇini 2.1.56; or, it may be explained according to Pāṇini 2.1.57 (the meaning being the ‘gem-like wife’). If the term ‘gem’ be taken in the sense of any good thing, then the compound is according to 2.1.57; if, on the other hand, the term ‘gem’ be taken as standing only for the emerald, the ruby and other precious stones, — and it is applied to other things only on account of their excellence, in which they resemble precious stones, — then the compound would fall under 2.1.56. The meaning is that if a girl happens to be possessed of a well-formed figure and a charming complexion, and she happens to bear auspicious signs indicative of the possession of much wealth in cash and kind, and the possibility of bearing many children and so forth, — then she should be married, even though she belong to a ‘base family,’ — a family wanting in the due performance of religious acts, etc.

This forms an introduction to what is going to be enjoined under 241 et seq. (in connection with abnormal times); and what is here permitted is only when other sources are not available. — (238)

 

Explanatory notes by Ganganath Jha:

‘Param dharmam’ — ‘Special law, i. e., law other than that expounded in the Śrutis and Smṛtis; i.e., that relating to ordinary worldly matters’ (Medhātithi, Govindarāja and Rāghavānanda); — ‘the means of obtaining final liberation’ (Kullūka), which view is noted and rejected by Medhātithi.

‘Duṣkulādapi’ — ‘Family wanting in the due perfohnance of religious acts’ (Medhātitlii); — ‘Family lower than one’s own’ (Kullūka); — ‘Family of a potter or such other low castes’ (Govindarāja).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 514) in support of the view that learning may be acquired even from persons of lower grades; — in Smṛticandrikā (Saṃskāra, p. 144); — and in Saṃskāramayūkha (p. 52).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (2.29.11), — ‘That knowledge whioh rests in women and Śūdras.’

Mahābhārata (12.165.31). — (Same as Manu.)

 

 

VERSE 2.239

Section XXXI - Acquiring of Learning from the Lowest

 

विषादप्यमृतं ग्राह्यं बालादपि सुभाषितम् ।
अमित्रादपि सद्वृत्तममेध्यादपि काञ्चनम् ॥२३९॥

viṣādapyamṛtaṃ grāhyaṃ bālādapi subhāṣitam |
amitrādapi sadvṛttamamedhyādapi kāñcanam ||239||

 

Nectar mat be taken even from poison, good advice even prom a child; good conduct (may be learnt) even from a foe; and gold (mat be taken) even from an impure source. — (239)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse as well as these two verses (239 and 240) are supplementary to the injunction contained in verse 241.

The present verse cites an ordinary saying in support of the injunction. Ordinary people say that ‘good may be taken even out of evil.’ If there is nectar in poison, that should be taken in the same manner as the swan takes the milk out of water. This is said in reference to certain medicinal preparations which contain poisonous ingredients.

Even if a child should happen to say something good, — if be pronounces, for instance, some auspicious words at the time of one’s starting for a journey, — it should be accepted.

‘Even from a foe’ — one should learn — ‘good conduct,’ — i.e., of cultured behaviour; and it would not be right to shun such behaviour simply because it happens to be followed by one’s enemy.

The next instance is still more well known — ‘gold may be taken even from an impure source.’

The sense of all this is tbat just as the good things herein enumerated are accepted even from evil sources, so may learning be acquired even from a non-Brāhmaṇa. — (239)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 514) along with the preceding verse; — and in Smṛticandrikā (Saṃskāra, p. 144).

 

Comparative notes by various authors:

Mahābhārata (12.165.30-31). — (Same as Manu.)

 

 

VERSE 2.240

Section XXXI - Acquiring of Learning from the Lowest

 

स्त्रियो रत्नान्यथो विद्या धर्मः शौचं सुभाषितम् ।
विविधानि च शिल्पानि समादेयानि सर्वतः ॥२४०॥

striyo ratnānyatho vidyā dharmaḥ śaucaṃ subhāṣitam |
vividhāni ca śilpāni samādeyāni sarvataḥ ||240||

 

Wives, gems, learning, virtue, purity, wise saying and the various arts may be obtained from all sources. — (240)

 

Medhātithi’s commentary (manubhāṣya):

‘Gems’ — precious stones, even though obtained from such low-born people as the Śabara, the Pulinda and so forth, are regarded as clean; similarly should learning be regarded.

‘Arts’ — e.g., Painting, etc., and those that have been regarded as mean, such as clothes-washing, the colouring and tying of cloth and so forth.

‘From all sources’ — i.e., irrespective of considerations of caste.

‘May be obtained,’ — accepted; by persons whose patience is truly assured. Begininng with Verse 239, all that is said is syntactically connected, and forming part of the same context, the whole is to be regarded as a commendatory statement. — (240)

 

Explanatory notes by Ganganath Jha:

‘Striyo ratnāni’ — ‘Wives, gems’ (Medhātithi and Govindarāja); — ‘gem-like wives’ (Rāghavānanda).

This verse occurs in Devalasmṛti also (quoted in Vīramitrodaya-Saṃskāra, p. 514).

 

 

VERSE 2.241

Section XXXI - Acquiring of Learning from the Lowest

 

अब्राह्मणादध्यायनमापत्काले विधीयते ।
अनुव्रज्या च शुश्रूषा यावदध्यायनं गुरोः ॥२४१॥

abrāhmaṇādadhyāyanamāpatkāle vidhīyate |
anuvrajyā ca śuśrūṣā yāvadadhyāyanaṃ guroḥ ||241||

 

In abnormal times of difficulty learning from a non-Brāhmaṇa has been enjoined, as also the serving of such a teacher, in the shape of following him, during the course of study. — (241)

 

Medhātithi’s commentary (manubhāṣya):

This verse contains the injunction.

The ‘difficulty’ here meant is the absence of a teacher. The compound ‘āpatkālaḥ’ is to be expounded as ‘āpadaḥ kalaḥ,’ ‘time of difficulty.’ What is meant to be expressed being obtained from the term ‘difficulty’ alone, the additional term ‘time’ only serves to fill up the metre.

‘Āpatkalpe’ is another reading. The meaning in this case would be tbat the ‘kalpa,’ ‘kalpana,’ assumption, of these is permitted during difficulties.

If the preceptor, after having begun the course of teaching, should happen, either on account of an expiatory rite or of some other reason, to abandon the pupil and go to another place, — and no other Brāhmaṇa-teacher is available, — and the pupil himself being too young, is unable to go to another place, — then he may receive teaching even from a non-Brāhmaṇa; i.e., from the Kṣatriya, and in his absence, from the Vaiśya. In view of the context, which began with the mention of the ‘learning of the entire Veda’ (165), the ‘learning’ here enjoined is the getting up of the Veda.

Though the term ‘non-Brāhmaṇa’ denoting all the three castes, except the Brāhmaṇa, stands for all men, yet the Śūdra could not be meant here; for the Śūdra is not entitled to learn the Veda; and it is only when one has learnt something that he can teach it.

“But by transgressing the scriptural ordinance, the Śūdra also might learn the Veda, just as the Kṣatriya and the Vaiśya do the work of teaching (which is not permitted).”

This also cannot be; because it has been laid down that if the Śūdra happens to learn the Veda, his body should be cut up. And since the penalty is so severe, it follows that the act is a grievous sin; and one who commits a grevious sin is regarded as ‘fallen’; so that if the Religious Student associated with a ‘fallen’ person, he would render himself extremely defiled.

“But the act of teaching has been prohibited for the Kṣatriya and the Vaiśya also; so that the same guilt would be incurred in their case.”

There is a difference between the two cases. That act is to be regarded as extremely heinous in connection with which the scriptures prescribe heavy penalties and expiation; while that in connection with which the penalty and expiation prescribed are slight, should be regarded as slight. In connection with the work of teaching done by the Kṣatriya and the Vaiśya, the penalty and expiation laid down are not heavy, as they are in the case of the Śūdra. Further, in the case of the Śūdra, there would he two prohibited acts — that of learning the Veda, and that of teaching it; while in the case of the Kṣatriya, there is only one, — that of teaching. Then, as regards the pupil associating with one who does the work of teaching in contravention of the law, — such associating h as been permitted by the present verse itself; hence it cannot be regarded as leading to defilement; for associating with the Śūdra, who learns the Veda in contravention to law, on the other hand, there is no authority at all.

‘Anuvrajyā ca śuśrūṣā,’ ‘service the shape of following’; — this is meant to prohibit such service as saluting, washing the feet, and so forth.

‘During the course of study’; — i.e., during the time required for the getting up of the text. — (241)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 513) in support of the view that under abnormal circumstances learning may be acquired from the Kṣatriya and the rest also; where it is explained that the ‘following’ here laid down is to be done only during the time that the study is being carried on; and the implication of the mention of this alone is that the other forms of ‘service’ are excluded; (such as washing of the feet and the,like; this is in agreement with Medhātithi); — and that ‘learning’ here includes gems and other things also.

The verse is quoted also in Vidhānapārijāta (p. 519); — in Saṃskāramayūkha (p. 52), which explains that the ‘distress,’ ‘āpat’ meant here is the absence of a Brāhmaṇa teacher, and that in the case of the non -Brāhmaṇa teacher, there is to be mere ‘following,’ no feet-washing and the like; — in Saṃskāraratnamālā (p. 325), which adds the same notes and explains ‘abrāhmaṇa’ as ‘ Kṣatriya or Vaiśya’; — and in Smṛticandrikā (Saṃskāra, p. 143), which says ‘following’ is the only ‘service’ to be rendered, and that also only during the course of study.

This verse is quoted in Parāśaramādhava (Ācāra, p. 458) in support of the view that the rules laid down regarding life-long studentship pertain only to cases where the Teacher is a duly qualified Brāhmaṇa; — in Madanapārijāta (p. 109) to the effect that life-long studentship is permissible under a fully efficient Brāhmaṇa Teacher; — and in Vīramitrodaya (Saṃskāra, p. 549), where also it is pointed out that the rules relating to life-long studentship laid down below (under verses 247 et. seq.) pertain to cases where the teacher is a fully qualified Brāhmaṇa.

This verse is quoted in Aparārka (p. 72) in support of the view that in the event of having a Kṣatriya or some other caste for his ‘teacher,’ the Brāhmaṇa shall not take up life-long residence under him, — nor with a Brāhmaṇa who is not fit to expound the Veda; — also in Smṛticandrikā (Saṃskāra, p. 168).

 

Comparative notes by various authors:

(verses 241-242)

Gautama (7.1.3). — ‘In times of distress the Brāhmaṇa may acquire knowledge from the non-Brāhmaṇa; — there should be following and service of such Teacher; — but after completion of the study, the Brāhmaṇa is to be treated as superior.’

Baudhāyana (1.2.42-43). — ‘One may read under a non-Brāhmaṇa also, during times of distress; — so long as he is reading under him, he should follow him, and attend upon him.’

Āpastamba Dharmasūtra (2.4.25-27). — ‘In times of distress, the Brāhmaṇa may study under the Kṣatriya or the Vaiśya; — these teachers should be followed; — but after the study, the Brāhmaṇa should have precedence.’

Devala (Vīramitrodaya-Saṃskāra, pp. 513-514). — ‘Wife, Knowledge, Dharma, Purity, Literary Sayings, and the various Arts, — these may be acquired from all.’

 

 

VERSE 2.242

Section XXXI - Acquiring of Learning from the Lowest

 

नाब्राह्मणे गुरौ शिष्यो वासमात्यन्तिकं वसेत् ।
ब्राह्मणे वाऽननूचाने काङ्क्षन् गतिमनुत्तमाम् ॥२४२॥

nābrāhmaṇe gurau śiṣyo vāsamātyantikaṃ vaset |
brāhmaṇe vā'nanūcāne kāṅkṣan gatimanuttamām ||242||

 

A pupil, desiring an unsurpassable state, shall not be in life-long residence with a non-Brāhhaṇa teacher; or with a Brāhmaṇa-teacher who is not an expounder. — (242)

 

Medhātithi’s commentary (manubhāṣya):

The foregoing verse might create the impression that the Life-long Student may live in residence with his non-Brāhmaṇa teacher, for the purposes of study; and it is this that is particularly interdicted here.

‘Ātyantikam vāsam’ — means life-long residence.

‘Should not live’ — should not do. The phrase ‘vāsam vaṣet,’ ‘live in residence,’ may be construed by regarding one (‘vāsa,’ ‘residence’) as the particular and the other (‘vaset,’ ‘live’) as the general (form of the same act of living). The meaning being ‘he should not live that particular kind of living which is done in the teacher’s house,’ — ‘he should go elsewhere after having finished his studies.’

“All that the preceding verse has permitted is learning from a non-Brāhmaṇa; how could there be any possibility of life-long residence?”

There is no force in this objection. It has been said above that one should reside with his preceptor; and the teacher has been called the ‘preceptor,’ hence the said possibility arises.

‘Or, with the Brāhmaṇa who is not an expounder.’ — ‘Or’ here stands for ‘also.’

The Brāhmaṇa also, if he happen to be a non-expounder, — i.e., if he is not equipped with good character and nobility, nor capable of studying and teaching, — all these qualifications should be taken as indicated by ‘expounding’; for if ‘expounding’ itself were meant, then the non-residence with a teacher who does no expounding would be only natural, [and would not need to be strictly emphasised, as it is here].

‘State’ here stands for the attainment of bliss; — ‘Unsurpassable’ — to which nothing else is superior; — ‘denting’ — such state, — i.e., Deliverance in the form of Highest Bliss — (242)

 

Comparative notes by various authors:

(verses 241-242)

See Comparative notes for Verse 2.241.

 

 

VERSE 2.243

Section XXXI - Acquiring of Learning from the Lowest

 

यदि त्वात्यन्तिकं वासं रोचयेत गुरोः कुले ।
युक्तः परिचरेदेनमा शरीरविमोक्षणात् ॥२४३॥

yadi tvātyantikaṃ vāsaṃ rocayeta guroḥ kule |
yuktaḥ paricaredenamā śarīravimokṣaṇāt ||243||

 

If one likes to live in life-long residence in the teacher’s house, he should, intently serve him till he becomes freed from his body. — (243)

 

Medhātithi’s commentary (manubhāṣya):

If he likes to live in absolute — i.e., life long, permanent, — residence in the Teacher’s house, — then, in that owe, — ‘he should intently’ — diligently — ‘serve him,’ — the Teacher; ‘till he becomes freed from his body, — i.e., as long as his body lasts. — (243)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 458), as laying down the duties of the life-long Student under an efficient Brāhmaṇa-teacher; — to the same effect in Vidhānapārijāta (p. 504); — also in Vīramitrodaya (Saṃskāra, p. 551), where the term ‘asmai’ is explained as standing for such a student as is not lame or dwarf, or blind, or otherwise incapacitated; and it is added that the provision of tins ‘life-long studentship’ need not be incompatible with the texts laying down a life-long performance of the Agnihotra for the Brāhmaṇa (which involves the necessity of taking a wife); because the latter is meant for only those students who intend to enter the ‘Household,’ and are on that account called ‘Upakurvāṇa,’ as distinguished from the ‘Naiṣṭhika’ who remains a ‘student’ all his life and never enters the household.

This is also quoted in Aparārka (p. 72) as indicating the optional character of life-long studentship; — in Smṛticandrikā (Saṃskāra, p. 171) as discounting the view that “life-long studentship is meant only for the maimed and other incapable persons;” — and in Saṃskāramayūkha (p. 62), to the same effect.

 

Comparative notes by various authors:

(verses 243-244)

Gautama (3.5). — ‘Dependence upon the Teacher, till the end.’

Gautama (3.9). — ‘Behaving thus, he attains the Brahmic Region.’

Baudhāyana (2.6.). — ‘The Religious Student should attend on the teacher till death.’

Āpastamba Dharmasūtra (2.21.6). — ‘The Religious Student shall surrender his body to the Teacher’s House, observing the same restrictions as those during the course of his study.’

Vaśiṣṭha (7.3, 1). — ‘The Religious Student shall serve the Teacher, — till the falling off of the body.’

Viṣṇu (28.43). — ‘Or he may pass the whole of his life in the Teacher’s house.’

Yājñavalkya (1.49, 50). — ‘The Life-long Student shall remain with the Teacher; — and after the Teacher, with the teacher’s son, or his wife or his fire.’

Bṛhaspati (Vīramitrodaya-Saṃskāra, p. 549). — ‘The observances of the Life-long Student are as follows: — the Twilight Prayers, Fire-tending, Vedic Study, Alms-begging, Sleeping on the ground, Self-control, — observing these till death, the Life-long Student attains the Brahmic region.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 549, and Parāśaramādhava, p. 458). — ‘He shall maintain his studentship till his body dies; on his teacher’s death, serving the fire. With speech controlled, eating of alms during the fourth, sixth and eighth parts of the day, dependent on the teacher, with hair-braided or with top-hair braided, walking behind the teacher when he works, standing when he is seated, reading when called upon to do so, offering to the teacher all that he obtains as alms, — he shall eat with his permission; — and avoiding sleeping on the cot, washing of the teeth, and annotating of the body, he shall remain standing or seated, and bathing three times during the day.’

Devala (Do., p. 550). — ‘Wearing of the sacred thread, the string of beads, the staff, the loin-cloth, the water-pot and the girdle; eating once only; bathing more than once; performing Agnihotra both times, as also the twilight prayers; — with hair and nails uncut; he shall avoid garland, perfumes, unguents, ornaments, dresses, shoes, conveyances, jumping, bathing, running, teaching, medication, astrology, science of house-building, auspicious rites, fattening rites, allaying of portents, music, assemblies, entrance into contracts, caligraphy, carpentry, measurements of houses, fields, substances, and grains, use of weapons, gambling...’

Hārīta, (Do.). — ‘Having fetched sacrificial fuel, he shall attend upon the Fire by sweeping, scratching, rekindling, collecting, putting on fuel, worshipping, hymning and saluting; he shall not touch it with his feet; nor shall he blow it with the mouth; shall not carry fire and water at the same time: shall not eat when there is indigestion, etc.. Those Brāhmaṇas who keep up this studentship become immortal.’

Yama (Do.). — ‘Till the falling off of the body, those who serve the teacher, ever strict in celibacy, reach the region of Brahman and are not born again.’

Chāndogya Upaniṣad (Do., p. 551). — ‘He who is firm in Brahman attains immortality.’

Dakṣa (Do., p. 552). — ‘The second kind of Religious Student is the life-long one.’

Viṣṇu (Parāśaramādhava, p. 459). — ‘The life-long studentship is for the dwarf, the humpbacked, one born blind, the sexless, the lame, the diseased and the invalid.’

 

 

VERSE 2.244

Section XXXI - Acquiring of Learning from the Lowest

 

आ समाप्तेः शरीरस्य यस्तु शुश्रूषते गुरुम् ।
स गच्छत्यञ्जसा विप्रो ब्रह्मणः सद्म शाश्वतम् ॥२४४॥

ā samāpteḥ śarīrasya yastu śuśrūṣate gurum |
sa gacchatyañjasā vipro brahmaṇaḥ sadma śāśvatam ||244||

 

The Brāhmaṇa who, till the dissolution of his body, serves his teacher, goes forthwith to the eternal abode of brahman. — (244)

 

Medhātithi’s commentary (manubhāṣya):

This verse lays down the reward of Life-long Studentship.

‘Dissolution of the body’ — renouncing of life; — ‘till’ — up to that time; — ‘who serves’ — attends upon — ‘his Teacher’; — such a Brāhmaṇa — ‘goes’ to the ‘abode’ — place, mansion — ‘of Brahman’ — ‘eternal’; — i.e., he does not return again to the cycle of births.

‘Forthwith,’ — i.e., by an easy path; not by the roundabout way of passing through the lives of animals and men.

The word ‘Brahman’ here stands, according to the view of the Purāṇas, for the particular God with four faces; and his ‘abode’ is a particular place in Heaven; while according to the Vedanta standpoint,’ ‘Brahman’ is the supreme Self, and his ‘abode’ is that Self itself, i.e., becoming absorbed hereinto. — (244)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 459) as describing the reward that accrues to the life-long Student; — in Vidhānapārijāta (p. 504) to the same effect; — also in Vīramitrodaya (Saṃskāra, p. 550); — and in Smṛticandrikā (Saṃskāra, p. 170).

 

Comparative notes by various authors:

(verses 243-244)

See Comparative notes for Verse 2.243.

 

 

VERSE 2.245

Section XXXI - Acquiring of Learning from the Lowest

 

न पूर्वं गुरवे किं चिदुपकुर्वीत धर्मवित् ।
स्नास्यंस्तु गुरुणाऽज्ञप्तः शक्त्या गुर्व्र्थमाहरेत् ॥२४५॥

na pūrvaṃ gurave kiṃ cidupakurvīta dharmavit |
snāsyaṃstu guruṇā'jñaptaḥ śaktyā gurvrthamāharet ||245||

 

At first the pupil, knowing his duties, should not give anything to his teacher; but when going to take the final bath, he should, on being ordered by the teacher, present something for him, to the best of his capacity; — (245)

 

Medhātithi’s commentary (manubhāṣya):

This verse should be taken as prohibiting the making of presents to the Teacher by the Life-long Student; since it lays down the gift to the Teacher as to be presented only by the pupil who is going to take the Final Bath, which the Life-long Student never takes; and it is the Life-long Student that forms the subject of the context. As for the (the other kind of student, who is only in temporary residence), he does go on making presents to the Teacher, on every possible occasion, since the very day of the Initiatory Rite.

‘At first’; — i.e., before the final Bath.

‘Should not give anything to his Teacher’; — the verb ‘upakurvīta’ stands here for giving, such being the force of the prefix; so that the Dative in gurave is due to this verb itself. Or, the Teacher may be regarded as the person aimed at by the act (denoted by upakurvīta); and in this case the Dative would be in accordance with the Vārtika on Pāṇini 2.3.13.

‘But when going to take the Final Bath’; — i.e., when the time for the Final Bath has arrived; — ‘being ordered by the teacher,’ — in such words as ‘bring me such and such a thing,’ — he should ‘to the best of his capacity’ — as much as he may be able to bring, — ‘present somethin,’ useful, ‘to the teacher.’

“But this verse contains (as you have asserted at the outset) the prohibition of the Life-long Student presenting anything to the Teacher [and how do you reconcile this with the latter half, which prescribes such giving?].”

True; but the verse does not contain two independent sentences, — one (the first half of the verse) prohibiting the gift, and the other (the second half) permitting it. The fact is that there is a clear injunction that at the Final Bath a gift should be made to the Teacher; and it is to this injunction that the preceding prohibition is subservient; for, If the present prohibition related to all kinds of beneñt to the Teacher, the entire body of injunctions laying down the service of the Teacher would become nullified; further, ‘gift’ is not the only benefit that can be conferred; so that there is no justification for restricting the prohibition of ‘benefit’ to the gift of money only, and not to the ‘doing of what is agreeable and beneficial to him.’ There is nothing incongruous in taking the passage in a sense which is not the literal meaning, — when the passage is a purely commendatory one; and it is quite clear that the two halves of the verse form one syntactical whole [hence the former is taken as subservient and supplementary to the latter]. — (245)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 567) in support of the view that no ‘fee’ is to paid to the Teacher before the completion of study; and it adds that this ‘Concluding Bath’ is for the purpose of entering the married state, — and not for that of any other life-stage; — and in Smṛticandrikā (Saṃskāra, p. 179), which adds that this refers to the presenting of a living, there being no prohibition regarding other kinds of presents.

 

Comparative notes by various authors:

Gautama (2. 55, 56). — ‘At the end of the study, he should approach the teacher with a present; — having done this, when permitted by him, he should take the Final Bath.’

Āpastamba Dharmasūtra (1. 7. 19). — ‘Having finished his study, he shall present in the proper manner to the teacher as fee whatever may be in his power.’

Viṣṇu (28. 42). — ‘After having acquired the Veda, he shall, when permitted by him, present to him something good and then take the Bath.’

Yājñavalkya (2. 1). — ‘Having presented a good thing to the teacher, he shall take the Bath, with his permission; after having completed either the Veda or the observances, or both.’

Gobhila Gṛhyasūtra (3. 4. 1,2). — ‘The Religious Student, after having studied the Veda, shall make a present to the Teacher.’

Āśvalāyana (Vīramitrodaya-Saṃskāra, p 573). — ‘Having studied the four, or three or two Vedas, or a single Veda, the wise man should satisfy the teacher with fees, having obtained from his parents and relations the wealth necessary for it.’

Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 575). — ‘At the end of study, he should approach the teacher with a present and then perform the Bath.’

Śaunaka (Do.). — ‘Having read the four Vedas and kept the observances, the pupil shall give to the teacher the fee that he can, and then, permitted by him, he shall perform the Samāvartana Rites.’

Laghu Hārīta (Do., p. 574). — ‘That teacher who teaches a man a single syllable, — there is nothing on earth by giving which he would be free from the debt to him.’

 

 

VERSE 2.246

Section XXXI - Acquiring of Learning from the Lowest

 

क्षेत्रं हिरण्यं गामश्वं छत्रौपानहमासनम् ।
धान्यं शाकं च वासांसि गुरवे प्रीतिमावहेत् ॥२४६॥

kṣetraṃ hiraṇyaṃ gāmaśvaṃ catraupānahamāsanam |
dhānyaṃ śākaṃ ca vāsāṃsi gurave prītimāvahet ||246||

 

Joyfully bringing to the teacher, a field, or gold, or a cow, or a horse, or at least an umbrella and a fair of shoes, grain, vegetables or clothes. — (246)

 

Medhātithi’s commentary (manubhāṣya):

It has been said that he should present something to the Teacher; and the present verse shows that any and everything should not be presented; the sense being that if the Teacher orders — ‘bring me the wife of such and such a person,’ or ‘let me have all that you possess,’ — then the pupil shall not do what he says; what he should givo are as fellows, — ‘Field’ — agricultural land; — ‘Gold.’

‘Or’ — signifies option; the sense being that all the things mentioned shall not be given.

‘Or at least,’ — i.e., in the absence of the other things.

‘An umbrella and a pair of shoes’; — these two being mentioned in a copulative compound, it follows that both together have to be given.

‘Clothes;’ — no significance is meant to be attached to the nouns in this passage.

‘Bringing joyfully’; — this has to be construed with ‘should present,’ (of the preceding verse). If, however, we read this as ‘prītimāharet,’ ‘should bring pleasure to his Teacher,’ — then this sentence becomes self-contained. ‘Prītimāvahet’ is another reading; the sense being tbat ‘he should present the grain, etc., for bringing pleasure to the Teacher’: or the pleasure may by itself be regarded as the object to be brought to the Teacher: and in that case the mention of the things becomes purely suggestive; the sense being that other things likely to give him pleasure, — such as gems, pearls, corals, elephants, mules, chariots, etc., — may also be given. To this effect we have the saying of Gautama (2.48) — ‘On the completion of study the Teacher should be presented with something useful.’

Only such things have to be presented as the pupil happens to possess, he should not go about obtaining things by begging and other means, for presenting. — (246)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 178), which adds that what is meant is that if possible, the best articles should be presented; — in Saṃskāraratnamālā (p. 368), which adds the following notes: — ‘Kṣetram,’ field with corns standing, — the umbrella and shoes, should both go together, such being the sense of the compounding, — ‘Vāsāṃsi’ three pieces of cloth, — ‘gurave prītimāvahan,’ the ‘completion of the study should be done only when the Teacher permits it’; — also in Nṛsiṃhaprasāda (Saṃskāra, p. 48a).

 

Comparative notes by various authors:

Vyāsa (Vīramitrodaya-Saṃskāra, p. 574). — ‘Having completed his study, the pupil should with bis permission take the Bath, after having offered to him a cow as his fee.’

 

 

VERSE 2.247

Section XXXI - Acquiring of Learning from the Lowest

 

आचार्ये तु खलु प्रेते गुरुपुत्रे गुणान्विते ।
गुरुदारे सपिण्डे वा गुरुवद् वृत्तिमाचरेत् ॥२४७॥

ācārye tu khalu prete guruputre guṇānvite |
gurudāre sapiṇḍe vā guruvad vṛttimācaret ||247||

 

The Preceptor having died, he should serve, in the same manner as the Preceptor, the qualified son of the Preceptor, or the Preceptor’s wife, or his Sapiṇḍa. — (247)

 

Medhātithi’s commentary (manubhāṣya):

This injunction is meant for the Life-long Student.

In the absence of the Preceptor, he should continue to live in residence, either with the Preceptor’s son, who is endowed with Vedic learning and other qualities, or with the Preceptor’s widow, or with the Preceptor’s ‘Sapiṇḍa’; and towards each of these he should behave as towards his Preceptor; i.e., he should present to him the food he obtains as alms, and so forth.

The term ‘dārā,’ denoting, has been regarded by grammarians as always used with the plural ending; but writers on Smṛti use the singular form also; e.g., ‘Dharmaprajā- sampanne dāre nānyām kurvīta’ (Āpaṣṭamba, 2.11.13). — (247)

 

Explanatory notes by Ganganath Jha:

‘Sapiṇḍe’. — The ‘Sapiṇḍa’ is defined below in 5.60.

This verse is quoted in Parāśaramādhava (Ācāra, p. 458) as laying down the duties of the life-long Student; — in Madanapārijāta (p. 109) in support of the view that in the absence of the Teacher’s wife, the Student should take up ‘residence’ with the Teacher’s Sapiṇḍa, and in the absence of this latter also, he should betake himself to the ‘tending of Fire’; — in Vīramitrodaya (Saṃskāra, p. 549) to the effect that ‘residence with Fire’ is to be taken up only in the absence of the Teacher’s Sapiṇḍa; — in Vidhānapārijāta (p. 504), along with the following verse; — in Hāralatā (p. 76) as referring to the ‘Life-long Student’; — and in Smṛticandrikā (Saṃskāra, p. 167), which says that this refers to cases where no Sapiṇḍa is available.

 

Comparative notes by various authors:

Gautama (3. 7). — ‘In the absence of the teacher, service should be rendered to bis offspring.’

Viṣṇu (28. 44, 45). — ‘On the death of the teacher, one should reside with his son, as with the teacher himself: — or with the teacher’s wife, or with others of the same caste.’

Yājñavalkya (1. 49). — ‘In the absence of the teacher, he shall reside either with his son, or with his wife or with his fire.’

erse 2.248

Section XXXI - Acquiring of Learning from the Lowest

 

एतेष्वविद्यमानेषु स्थानासनविहारवान् ।
प्रयुञ्जानोऽग्निशुश्रूषां साधयेद् देहमात्मनः ॥२४८॥

eteṣvavidyamāneṣu sthānāsanavihāravān |
prayuñjāno'gniśuśrūṣāṃ sādhayed dehamātmanaḥ ||248||

 

When all these are non-existent, he should perfect his body, while he carries on the tending of the Fire, with only such diversions as standing and sitting. — (248)

 

Medhātithi’s commentary (manubhāṣya):

‘Non-existence’ may mean either death, or absence of proper qualification.

‘When all these are non-existent,’ he should carry on the tending of the fire, — i.e., he should continue to wash and besmear with clay the fire-house, he should kindle the fire, he should constantly keep near the Fire, just as his Preceptor used to do; — all this constitutes the ‘tending of the fire.’ While doing all this, ‘he should perfect his body’ — i.e., let it wear away; this is called ‘perfecting’ in the same manner (of contrary signification) as the blind man is described as ‘having excellent eyes.’

‘Sthānāsanavihāravān’ — ‘with only such diversion as standing and sitting’; i.e., he should amuse himself only by standing for sometime and sitting for sometime.

Others have explained this to mean that he ‘should sit in the proper posture for meditation’ — such as the Svasti(k/h?) and the rest — ‘and should go about begging alms.’ — (248)

 

Explanatory notes by Ganganath Jha:

Deham sādhayet — ‘Let the body wear away’ (Medhātithi and Govindarāja); — ‘shall make the Soul in his body perfect, i.e. fit for union with Brahman’ (Kullūka, Nārāyaṇa and Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 458) as laying down the duties of the lifelong Student; — in Vidhānapārijāta (p. 504); — in Madanapārijāta (p. 106); — and in Vīramitrodaya-Saṃskāra, (p. 504), where the note is added on the expression ‘sthānāsanavihāravan’ that what is meant is that ‘during his spare time left after he has fully accomplished all his duties, he may stand or sit or walk about’. Medhātithi explains it to mean ‘at times he shall stand, and at times sit down, — in this manner he shall divert himself.’ But he goes on to add another explanation offered by ‘others’, by which the meaning is that ‘he shall practise the postures prescribed in connection with Yogic practices, and live on alms’. — Nārāyaṇa explains the phrase to mean a particular form of austerity consisting in ‘standing, sitting and wandering’. — It is quoted in Smṛticandrikā (Saṃskāra, p. 167), which explains the phrase to mean ‘standing, sitting and moving at stated times.’

This phrase ‘sthānāsanavihāra’ appears to have been an old idiom; it is met with for the first time in Baudhāyana’s Dharmasūtra (II. 1. 41), where we read —

samudrasamyānam...... eṣāmanyatamat kṛtvā chaturtha kālāmitabhojinaḥ syuḥ ape? bhyapeyuḥ savanānukalpam sthānāsanābhyām viharanta ete tribhirvarṣaistadapahanti pāpam.

Translated literally, this means —

‘Sea-voyage (and a few other acts enumerated)..., having done any one of these acts, people should eat sparsely at the fourth part of the day, should enter water in the morning, at midday and in the evening; amusing themselves by sitting and standing, they destroy that sin after three years.’

The exact meaning of the expiatory rite here prescribed has never been understood. Whenever the question of sea-voyage has come up for discussion, the antagonists of the voyage have held that by the last clause Baudhāyana clearly meant that the voyager should have to commit suicide; to spend three years ‘standing and standing’, i.e. without any sleep — would he nothing short of self-immolation. The protagonists of sea-voyage felt all along that the passage could not mean this; though they were unable to suggest any other plausible explanation. They thought that even if suicide were actually meant, there were more effective means available for doing that; and in fact the ordinance that ‘the man shall not sleep for three years’ looked absurd on the face of it.

We find the expression in several other works.

(1) In Padmapurāṇa (Ādi-khaṇḍa, 58. 26) we read in course of the description of the duties of Vānaprastha, the man in the third stage of life — sthānāsanābhyām viharet na kvachid dhairyamutsṛjet, ‘he shall divert himself with sitting and standing, and shall not renounce his steadiness on any point.’

The committing of suicide certainly could not form a duty of the ordinary Yānaprastha, the hermit retiring from active life to a life of meditation and worship.

(2) In Yājñavalkya (III 50) we read — sthānāsanavihārairvā yogābhyāsena vā tathā (dinam nayet), where Mitākṣarā adds the explanation — kañcit kālam sthānam kañcit chopaveśanam, ‘for some time he shall sit, and for some time he shall stand’ — in this manner he shall spend the day. And Aparārka says — sthānena gatinivṛttyā, āsanena, upaveśanena vihāreṇa caṅkramaṇena (i. e. ‘resting, sitting, and walking) ca divasam nayet.

(3) Again in Manu (VI. 22) ‘sthānāsanābhyām viharet’ where Medhātithi says, ‘sthānāsanābhyām dine, rātrau tu kevalasthaṇḍilaśāyītām vakṣyati’, by which also the text means — ‘he shall spend the day in standing and sitting.’

(4) Lastly in Manu (XL 224) we meet with the same expression; and here it forms part of the Kṛcchra — penance.

From all this it is clear that the phrase could never have been intended to lay down anything so physically impossible as passing three years ‘without sleep.’ In fact a careful study of all the above texts leads us to the conclusion that what is meant by the words ‘sthānāsanābhyām viharet’ is exactly what is expressed by the Hindi idiom ‘uṭha baiṭha kara samaya bitānā’; and the sense would appear to be that the man shall have recourse to no other diversion or amusement, save what may be obtained by ‘standing or sitting.’

 

Comparative notes by various authors:

Gautama (3. 8). — ‘In the absence of them, he shall reside either with a senior fellow-student, or with the fire.’

Vaśiṣṭha (7.5, 6). — ‘On the teacher's death, he shall attend upon the Fire; — as the fire has been recognised as the teacher.’

Viṣṇu (28, 46). — ‘In his absence, the Life-long Student shall attend upon the Fire.

Yājñavalkya (1. 49). — (See above.)

 

 

VERSE 2.249

Section XXXI - Acquiring of Learning from the Lowest

 

एवं चरति यो विप्रो ब्रह्मचर्यमविप्लुतः ।
स गच्छत्युत्तमस्थानं न चैह जायते पुनः ॥२४९॥

evaṃ carati yo vipro brahmacaryamaviplutaḥ |
sa gacchatyuttamasthānaṃ na caiha jāyate punaḥ ||249||

 

The Brāhmaṇa who thus keeps his studentship unflinchingly, goes to the highest place and is never born again into this world. — (249)

 

Medhātithi’s commentary (manubhāṣya):

‘Thus’ refers to the methods of the Lifelong Student.

‘He who thus keeps his Studentship unflinchingly’ — without failing, — ‘goes to’ — obtains — ‘the highest place’ — above; i.e., he attains the Supreme Self.

‘Is not born again into this world — he does not fall into the cycle of births. That is, he becomes absorbed into Brahman. — (249)

 

Explanatory notes by Ganganath Jha:

‘Mānyā kāpi etc.’ — This does not form part of the text of Medhātithi This has been added by a subsequent ‘Editor.’

 

Comparative notes by various authors:

Viṣṇu (28. 47). — [Reproduces Manu.]

Gautama (3. 9) — ‘Behaving thus, the man with senses subdued, attains the Brahmic Region.’

 

End of Adhyāya II.

 

***


 

Discourse III - Duties of the Householder

 

VERSE 3.1 [Period of Studentship]

Section I - Period of Studentship

 

षट् त्रिंशदाब्दिकं चर्यं गुरौ त्रैवेदिकं व्रतम् ।
तदर्धिकं पादिकं वा ग्रहणान्तिकमेव वा ॥१॥

ṣaṭ triṃśadābdikaṃ caryaṃ gurau traivedikaṃ vratam |
tadardhikaṃ pādikaṃ vā grahaṇāntikameva vā ||1||

 

Duties relating to the Three Vedas should be observed under the Preceptor for thirty-six years, or for half that period, or for a quarter, or precisely till they have been got up. — (1)

 

Medhātithi’s commentary (manubhāṣya):

Two kinds of Religious Students have been described above — the life-long student and the student for a limited period. Verse 2.244 — where it is said that ‘he serves the Preceptor till the dissolution of his body’ — has described the life-long studentship; while verse 2.108 — where the ‘Final Return’ has been described as the limit — has indicated the other alternative. As regards the ‘Life-long Student,’ the mention of the name, itself, which is based upon reason, serves to indicate the limit of the period of studentship; the term ‘naiṣṭhika’ meaning that which goes to the very ‘niṣṭhā.’ or end of a thing; and the exact period has been stated by the direct declaration that ‘it extends to the dissolution of the body.’ As regards the ‘limited’ studentship, we have the following texts bearing upon it: — (a) ‘by this course of application etc.,’ (6. 85), (b) ‘the entire Veda should be acquired by means of particular austerities and several observances prescribed by Injunctions’ (2.165); and since these texts do not specify any particular number of Vedas to be learnt, it would seem as if these injunctions intended the pupil to learn one, two, three, four, five six, seven or any other number of Vedic texts, in fact, as many as he could learn. The present verse proceeds to restrict the number of Vedas to be learnt.

‘Duties relating to the Three Vedas should be observed.’ — ‘Relating to the three Vedas’ means ‘conducive to the learning of the three Vedas;’ the act of ‘learning’ being implied by the compound, on the strength of the fact that the ‘getting up of the Veda’ has been presented before. — ‘Duties’ — i.e., the whole lot of duties laid down for the Religious Student, — ‘should be observed’ — one shall observe them; the verbal affix having the injunctive force.

From the above it might be assumed that the duty of ‘fetching the fuel’ and the rest also should continue to be kept up only till the texts have been got up (and no longer); and, in order to preclude this notion, the text adds — ‘for thirty-six years;’ which means that even after the Veda has been got up, the full period has to be completed.

“If the detailed duties, that have been laid down are related to the injunction of learning the Veda, — and this Injunction ceases to be operative after the Veda has been learnt, — then why should the observances of studentship be continued for twelve years, even after the Veda has been learnt?”

What you say is too little. You might say the same in regard to the performance, at the Darṣa-pūrṇamāsa, of all those secondary details that come after the Āgneya and other primary offerings. The fact of the matter is that, just as in the case of the sacrifice, the due result is obtained only when the act is performed along with all its details, so in the case in question also the fulfilment of the Injunction (of Learning) is complete only after the act has been performed along with all the details in the duly prescribed order.

“There are several lesser alternative periods — half, and quarter of the full period — mentioned as the limit for study; and when these are permitted, who is there who would keep up the observances, which require such effort, for twelve years?”

Pupils, desirous of more extensive results, will have recourse to the carrying out of the larger details. To this effect we have the saying — ‘when there is greater effort, there must follow larger results.’

“As a matter of fact, the learning of the Veda, through study, does not lead to any other result except the understanding of the meaning of Vedic texts. They say that — ‘the revered Ritualists do not regal’d mere learning as the result;’ and in the Śabara-bhāṣya also we read — ‘the purpose served by it has been found to consist in the comprehension of what should be done.’ And certainly, there is no diversity (or divergent grades) in the said comprehension.”

If that be so (if the comprehension of meaning were the sole end of Vedic Study), then, inasmuch as such comprehension could come about at the time of learning the Text, even without the keeping of any observances, there should be no keeping of the observances at all. Then again, who says that the Injunction of Vedic Study is for the purpose of comprehending the meaning of Vedic texts? In fact, the Injunction of Vedic Study is for the purpose of Vedic Study itself; there is no reason for regarding one thing as being for. the purpose of another thing. As for the comprehension of meaning, it follows after the Text Las been learnt, by the very nature of things, and not by virtue of the Injunction.

“Then, is the Injunction meant for one who desires Heaven?”

How can this also be possible?

“What, then, is the meaning of your assertion that there are larger results obtained (when the act is performed along with more extensive details)?”

The meaning of the statement is as follows: — The whole Injunction prescribes a sanctiticatory process, in which ‘Vedic Study’ forms the predominant factor, by reason of the sanctification being accomplished during that ‘study.’ And Injunctions of sanctifications do not stand in need of the direct mention of the result the seeker whereof would be entitled to their performance; in fact, through the object sanctified, they become part and parcel of another Injunction in connection with which a particular result has been mentioned. For example, we have the Injunction ‘the corns should be threshed and this ‘threshing’ becomes related to the transcendental results proceeding from the Darśa-pūrṇamāsa sacrifices, — not by itself, but — only through the removal of the chaff which goes to purify the corns of which is made the cake used at the Āgneya and other offerings making up the Darśa-Pūrnamāsa; and it is thus that the threshing comes to be recognised as something to be done. In the same manner, the Veda cannot be regarded as something to be sanctified or refined, except as subordinate to something else. As a matter of fact, we find that the comprehension of meaning actually follows after ‘Vedic Study from which it follows that this act of ‘study’ itself extends up to the comprehending of the meaning, just as the act of ‘threshing’ extends up to the accomplishment of the Rice. The only difference in the two cases is as follows: — By reason of its injunction occurring in the same context, the ‘threshing’ becomes quickly recognised as related to another Injunction mentioning a result; while the Injunction in question (of Vedic Study) does not occur in the context of any particular act, and is regarded as extending up to the comprehension of meaning; so that its connection with results is only implied by the fact of its being of use in the performance of all those acts that are enjoined as leading to various results. Thus the fact that an Injunction aims at some useful purpose of man is readily understood; and it makes no difference whether it does so directly or indirectly. And since its connection with a result is clearly implied, the Injunction in question gets itself carried out independently by itself, even though the comprehension of meaning is of use in connection with the injunctions of compulsory and voluntary acts.

Some people have held the view that — “the injunction of Vedic Study serves, through the comprehension of meaning, the same purpose as the injunctions of the Jyotiṣṭoma and other acts, and that the additional effort (involved in Vedic Study and comprehension of meaning) serves to enhance the quality of the results brought about by those acts.” But what fault has the Injunction of ‘becoming a Teacher’ done for those people, that they should have made great efforts to deny the view that this latter also serves the same purpose as the Injunction of ‘Vedic Study?’ If it be urged that — “under this view, the Veda would become unauthoritative,” — our answer is that, that might be so; but when a certain fact is well established by reason and arguments, it is not abandoned or rejected for the sake of accomplishing any purpose. In fact, an argument is set aside only by another and a more cogent argument.

“But if the Injunction of Vedic Study were taken as serving the same purpose as that of ‘becoming a Teacher,’ then the former would lose its injunctive character; as in that case no significance would attach to what is expressed by its own words.”

The same thing happens also when the Injunction in question is made a part and parcel of the Injunction of the Jyotiṣṭoma, etc.

If, on the other hand, the Injunction of Vedic Study is regarded as independently by itself conducive to the carrying into effect of what it enjoins, then, standing upon an equal footing with all other Injunctions, it rightly comes to be acted up to by itself, as a necessary factor (of all performances).

Thus then, out of the several alternative options — some heavier than the rest — that have been set forth (in the verse), if the lighter alternative serves to accomplish the desired purpose, all that the undertaking of the heavier option can do is to add something to the quality of what has been prescribed by the Injunction. Just as is the case with the options of giving ‘one, three or twelve cows’ as a fee in connection with the Laying of Fire. Thus then, if the Injunction of Study has been carried into effect on its own accouut (and the Veda has been studied), we cannot escape from its twofold relation — viz.: (1) its leading to the performance of what it itself prescribes, and (2) its helping the performance of the Jyotiṣṭoma and other acts; it matters little whether such relation is directly stated, or implied, or assumed; for this latter fact would involve a diversity only in the means whereby the knowledge of the relation is obtained, and not any in the relation itself.

“How is it that you are making statements, of which the succeeding ones are inconsistent with the preceding ones? It has been asserted above that Injunctions of sanctification are never directly related to results; while now it is stated that the Injunction in question is by itself conducive to itself being carried into effect. It might be urged that — ‘Though it is true that the Injunction of Sanctification is not related to any directly mentioned result, yet there is nothing incompatible in its being related to such results as are indirectly indicated.’ But even this makes no difference, if the performanceof the act (of Study), as prompted by the injunction in question, is made to extend to the comprehension of meaning also. Even so, the mere learning of the Text being got at in accordance with the Injunction of ‘having recourse to a teacher &c.,’ it would become admitted that Injunctions of sanctification are related to definite results. If, on the other hand, the performance of the act (of study) were in accordance with the Injunction as helping other Injunctions (i.e., those of the Jyotiṣṭoma and other acts), then, in that case, it would come to this that the Veda would be studied by one seeking after the stated result, and not that the person who has studied the Veda is entitled to the performance of acts leading to that result; and in that case, the Shudra’s title could not be denied. Nor does it necessarily follow that the meaning of Vedic texts should be learnt immediately after the texts have been learnt. In fact, whenever one might, by chance, come to understand that ‘a certain Vedic act, named Jyotiṣṭoma, leads to Heaven,’ he would learn the details of the procedure of that act, and at that same time he would also read up such Vedic texts related to that act as would have to be recited by the sacrificer.”

To the above, some people make the following answer, on the basis of the principle enunciated in Pūrva-Mīmāṃsā — Sutra 4.1. 18 et. seq. The Sviṣṭakṛt and other similar offerings have been regarded as being of both kinds, serving the purposes of sanctification and also leading to specific results; and, on the same analogy, ‘Vedic Study’ also would be of both kinds — being purely sanctificatory, as indicated by the words of the Injunction prescribing it, and also leading to particular results, by virtue of its bringing about the comprehension of the meaning of texts which ultimately leads to the performance of acts (directly bringing about those results). It is in this manner that the Injunction of Vedic Study becomes conducive to definite results.

“But who is the person to whom the results accrue (and who, by seeking for that result, comes to perform the act)?”

Our answer is that it is the Boy belonging to one of the three higher castes, who has gone through the Initiatory Rite. That this is so is clear from the fact that the act (of Vedic Study) has been prescribed among the duties of the Religious Student. The Injunctive and other similar affixes are expressive of that injunction or persuasion which is inseparable from the person sought to be persuaded; and when the question arises as to particular details regarding that person, (a) sometimes the information is supplied by the words of the Injunction itself — e.g., in the sentence ‘one desiring heaven should perform the Agnihotra throughout his life (b) sometimes, even though not directly mentioned, he comes to be assumed on the basis of what is directly stated; — e.g., in the case of the Viśvajit and other sacrifices; — (c) sometimes, again, he is indicated by the examination of other Injunctions in view of the force of the context and the nature of things. In the present case, all this is present: — (a) the Religious Student happens to be the person dealt with in the context (in which the injunction of Vedic Study occurs); (b) the comprehension comes about from the nature of things; and (c) the Study is of use in connection with all other Injunctions, as it is only one who has learnt the Veda that is entitled to the performance of any Vedic act.

This explanation is not accepted by others. [According to these] it is in the character of the ‘Injunction of Santcification’ itself that the Injunction in question has (he corres-pondiṇg result indicated. As a matter of fact, all sanctificatory acts are done for the sake of the thing sought to be sanctified; and if no peculiarity is perceived in that object, then the act would lose its very character of ‘sanctification,’ as it happens in the case of the ‘Saktu.’ In the case in question, however, there does appear a peculiarity in the shape of the comprehension of acts conducive to definite results. The case of the ‘Sviṣṭakṛt’ offering has been cited above; but in that case the two-fold character has to be admitted, as if both were not held to be denoted by the root and the affix, then the act (of ‘sacrifice’) would cease to be itself.

From all this it follows that the Injunction in question stands by itself, and pertains to the initiated boy; and hence the act (of ‘study’) has to be done fo r its own sake, and not as subserving, like the threshing of corn, the purpose of results proceeding from the performance of the Darśa-pūrṇamāsa and other sacrifices.

The same should be understood to be the case with the learning of more than one Veda; In connection with this also, the question might arise as to why one should learn several Vedas, when the Injunction is duly fulfilled by the learning of one Veda only? And here also the answer would be that the learning of several Vedas would be conducive to large results. The result of such learning also would be of the nature described above, and not of the nature ‘milk,’ ‘curd,’ and the like. Such being the case, if one has learnt a single Veda, when he comes to undertake the performance of acts requiring the use of mantras not occurring in the particular Vedic Rescension learnt by him, the very force of circumstances permits his learning of those Mantras; though in describing the title to the performance of Vedic acts, as belonging to ‘persons who have learnt the Veda,’ the qualification mentioned is that he should have duly learnt the Veda. [But the peculiar circumstances of the case render it permissible for the performer to leam the mantras at the time].

Others have held that in the text — ‘that the Veda with its six subsidiary sciences should be learnt is what should be done by the Brāhmaṇa without any other motive,’ — the phrase ‘without any other motive’ explains the nature of the act as regards the person to perform it; the term ‘without any motive’ means ‘without having any other end in view;’ so that what is meant is that the act should be done as a compulsory one. Unless we take this term as indicating the nature of the person to perform it, it cannot be construed with the rest of the sentence either in the form of an act, or in that of an agency contributing towards the act, or in that of a qualification of the act, and so forth.

Thus, then, even though the Injunction in question be one of sanctification, yet it may have its result indicated indirectly (as explained before), or stated directly (as now explained); and neither of this involves any incongruity.

Others, again, argue that since it is an Injunction of sanctification, it is better to take it as not related to any result at all. For the result is sought after only for endowing the act with a certain peculiarity; and this peculiarity in the present case is obtained by noting the thing to be sanctified. It is true that Injunctions of sanctification stand in need of the mention of purposes served by them; but all that is sought to be accomplished by an injunction is the result of the act enjoined; and such result, in the present case, is actually found to consist in the ‘getting up’ of the text; and there is nothing incongruous in this.

The present verse not specifying the period for the learning of each Veda, we derive the knowledge of the specific period from other Smṛti-texts, which lay down that the studentship relating to each Veda is to extend over twelve years.

The next question that arises is — which are the ‘three Vedas’ that are meant here?

They are the Ṛgveda, the Yajurveda and the Sāmaveda.

“Then, is the Atharvan not a Veda at all?”

Who says so? All that is meant by the present context is a certain sanctification; and when the sanctification in question is found to be one that can be accomplished by taking the words of the present verse in their literal sense, the Injunction in question has its performance secured by being extended up to the comprehension of meaning; and this for the simple reason that the said comprehension is of use in all performances. As for the Atharvan Veda, it deals for the most part with magical spells, and hence neither the Jyotiṣṭoma and other such acts, nor any details pertaining to these, are prescribed in it; in fact, all the duties relative to the Hotṛ the Adhvaryu and the Udgātṛ are completely laid down in the Three Vedas; the duties of the Brahman-priest also are laid down in the Three Vedas. Then, again, the term ‘three’ denotes a special number, and whenever a particular numeral is used, it is always with reference to a particular character (in which the things included under that number are found to agree). So that, in the case in question, those alone can be taken as included under the number ‘three’ which are found to possess the common character of containing Injunctions regarding what ought to be done. And the Atharvan does not fall within this category; as it does not contain any injunctions of such, primary acts as the Jyotiṣṭoma and the rest, not of any of their subsidiaries. As regards the Śyena and other malevolent sacrifices, these also are performed by the same priests (as the Jyotiṣṭoma, &c.), and their procedure also is the same, with a few additional details; but even those peculiar details are such as have been prescribed in the Three Vedas. Thus, theu, since the Atharvan Veda is|not found, in the performance of any act, to be grouped either With Ṛk and Yajus, or with Ṛk and Sāman, it cannot be included under the appellation of ‘Three Vedas and this is the reason why it has not been mentioned in the present context But, since it is included under the term ‘svādhyāya,’ ‘veda,’ there is nothing incongruous in its being included under the wider Injunction of ‘Vedic Study.’

‘For half that period’ — ‘that period’ refers to ‘thirty six years;’ the ‘half’ of which is eighteen years. Here also the division of time would be six years for each Veda.

‘Or for a quarter;’ — ‘Quarter’ is the fourth part of the said number, i.e., nine years, that is, three years for each of the three Vedas.

“But how can the Veda be got up in three years.”

It is quite possible that a certain pupil may be exceptionally intelligent (and he could get up the Veda in three years).

Other people offer the following explanation: — The duties prescribed in the verse are not made conditional upon the character of the ‘learning they are conditioned by the injunction bearing upon the duties themselves. So that if, before the learning has been accomplished, the rules are duly observed for a few days during the course of learning, the purpose of the Injunction becomes duly fulfilled; as the observance of the details even to that extent would go to fulfil the conditions of the Injunction of Vedic Study. If one puts an end to his observances before he has got up the text, then he comes to be called a ‘Vratasnātaka’ ‘renouncer of observances.’ Thus, inasmuch as both these contingencies are possible, it is only right that a definite period of time should have been prescribed; and the meaning is that one does not become entitled tō the title of ‘Vratasnātaka’ unless he has put in three years’ work (at least). Though some Smṛtis lay down that ‘there is Final Bath only on the completion of Vedic Study,’ yet it is quite reasonable to apply the name ‘Bath’ (snāna) figuratively to the completion of the observances relative to Vedic Study.

This, however, is not right. Though the observances are objects of independent Injunctions, yet the right course to be adopted is that they should be kept up as long as the ‘study’ continues. In fact, the observances having been actually enjoined in connection with Study, they must continue throughout the study. If the first part of the present verse (consisting of the first three feet) were taken separately, then the words of the text themselves would make the observances abandoned after three years only, even before the ‘study’ has been finished. If, on the other hand, the whole verse — including the last quarter — is taken as a single sentence, then the observances cannot cease until the Veda has been wholly learnt. In fact, the particle ‘eva,’ ‘precisely,’ clearly indicates that this last view is the correct one.

“If there is no cessation of the observances until the Vedas have been learnt, how is it that three are two distinct titles (l) ‘Vratasnātaka’, ‘who has completed the observances.’ and (2) Vedasnātaka,’ ‘who has completed the Veda’?”

We shall explain this under Discourse IV.

The aggregate of ‘thirty-six years’ is called ‘ṣaṭtṛṃśadabdam;’ that which pertains to this aggregate is ‘ṣaṭtṛṃśadābdikam’. Similarly, the term ‘traivedikam.’ That whose extent is half of that is ‘tadardhikam.’ Similarly, ‘pādikam’ and ‘grahaṇāntikam.’ The possessive affix in these terms is in accordance with Pāṇini’s Sūtra 5.2.145. The forms cannot come under Pāṇini’s 5.1.57. — (1).

 

Explanatory notes by Ganganath Jha:

“The Atharva Veda is here, as in most of the ancient Dharmasūtras, left out altogether. Baudhāyana alone states that the term of Studentship extends over forty-eight years, and that rule includes the Atharva Veda.” — Buhler.

Medhātithi (p. 187, l. 10) — ‘Yatraiva hi sviṣṭakṛdādayaḥ.” — See Mīmāṃsā Sūtra 4.1.18 et seq. The question being whether the Sviṣṭakṛt offering (which is made with the remnants of the sacrificial materials) serves only as a ‘disposal’, or it also serves some transcendental purpose, — the conclusion is that in tills case a transcendental result, even though not mentioned in the texts, has to be assumed.

This verse is quoted in Madanapārijāta (p. 97), where the following notes are added: — ‘Traividyā means the three Vedas; — the Studentship over the three Vedas should be made to extend over thirty-six years; that is, one should devote twelve years to studentship over each of the three Vedas; — in the case of ‘half the period six years have to be devoted to each of the three Vedas; and in the ease of ‘quarter of the period only three years.

It is quoted in Vīramitrodaya (Saṃskāra, p. 557), where the following totally different explanation is added: — The meaning of this is as follows: — In the event, of the Boy studying the three Vedas, his Studentship should extend over thirty-six years; if he studies only two Vedas, then over ‘half, i. e. half of forty-eight years, or twenty-four years; that such is the meaning we deduce from the other texts bearing on the subject; — the ‘quarter’ also has to be similarly explained. If the ‘half’ and ‘quarter’ were taken in relation to ‘thirty-six years’, then the meaning would he that the Studentship should extend over eighteen and nine years respectively; and this would not agree with any other Smṛti text This same consideration gets rid of the fanciful view set forth by the Candrikā that “in the case of ‘half’, the Boy should devote six years to each of the three Vedas, and in that of ‘quarter’, three years to each.”

It is interesting that this last view has been adopted by Medhātithi. (See Translation, p. 11). This view appears to have the support of Yājñavalkya (l.36), which clearly states that — “Studentship should extend over either twelve or five years for each Veda.”

This verse is quoted in Aparārka (p. 67), which adds that the studentship over one Veda is to extend over six years in the case of ‘half’, and over three years in the case of ‘quarter’; — in Smṛticandrikā (Saṃskāra, p. 166), which adds the following explanations: — ‘Traivedikam’, pertaining to the three Vedas, Ṛk, Yajuṣ and Sāman, — this should be carried on for 36 years, — similarly the vow of ‘Studentship’ pertaining to each single Veda is to be kept for 12 years, — in the case of the ‘Ārdhika’ system, 6 years have to be devoted to each Veda, — and 3 years each in the case of the ‘Pādika’ system; — and in Hemādri (Śrāddha, p. 779).

 

Comparative notes by various authors:

Gautama (2. 52. 54). — ‘One should keep up his studentship over one Veda, for twelve years; — or for twelve years over each Veda; — or over all, till they have been got up.’

Baudhāyana (1. 2. 1-4), — ‘The ancient studentship over the Veda lasts for 48 years; — or for 24 years; — or for 12 years over each Veda; — or for one year over each Kāṇḍa; — or till it has been got up.’

Āpastamba Dharmasūtra (1. 2. 12-16). — ‘For 48 years; or less by a quarter; — or by half; — or by three quarters; or at least for half-twelve years.’

Yājñavalkya (1. 36). — Over each Veda, studentship should continue for 12 years, or for 5 years; or, according to some, for such time as may suffice for its being got up.’

Āśvalāyana Gṛhyasūtra (1. 22. 3,4). — ‘Studentship over the Veda should continue for 12 years: — or for such time as would suffice for its being got up.’

Pāraskara Gṛhyasūtra (2.5.13-15). — ‘One should keep up his studentship over the Veda for 48 years; — or for 12 years over each Veda; — for such time as would suffice for its being got up.’

Pāraskara Gṛhyasūtra (2. 6. 2). — ‘Studentship continues for 48 years; according to some, for 12 years.’

 

 

VERSE 3.2 [Entrance into the Household]

Section II - Entrance into the Household

 

वेदानधीत्य वेदौ वा वेदं वाऽपि यथाक्रमम् ।
अविप्लुतब्रह्मचर्यो गृहस्थाश्रममावसेत् ॥२॥

vedānadhītya vedau vā vedaṃ vā'pi yathākramam |
aviplutabrahmacaryo gṛhasthāśramamāvaset ||2||

 

Having learnt, in due course, three Vedas, or two Vedas, or one Veda, he should enter upon the state of the householder, having never deviated from the vows of studentship. — (2).

 

Medhātithi’s commentary (manubhāṣya):

The ‘learning of Three Vedas’ has been mentioned (in the preceding verse); the learning of ‘two’ and ‘one’ Veda, not having been mentioned anywhere, are here put forward us alternatives. The term ‘veda’ in this connection has been explained as standing for Recensional Text; ‘and what is meant is that one should learn three, or two, or one Recension of each of the three Vedas, — and not that three or two or one Recension of a single Veda should be learnt. Because the work to be learnt has been called the ‘Triplicate Science.’

‘Having learnt’ — having got up, by means of the above described course of studentship.

‘He should enter upon the state of the householder’ — The exact nature of;the ‘Householder’s stage’ is going to be described later on (Verse 4, below). — ‘Enter,’ i.e., live; verbal roots having several meanings. The prefix ‘ā’ denotes limit.

One who has taken a wife to himself is called ‘householder,’ which term is used in its conventional, not etymological, sense; The term ‘house’ standing for wife; and he who takes his stand upon that house is called ‘Householder.’

The term ‘āśrama,’ ‘state,’ stands for all those duties, positive and negative, that have been prescribed (for the married man). Just as for the ‘initiated boy,’ there is ‘state of studentship’ till the Final Return from the Preceptor’s house, so for one who has married, it is the ‘state of the Householder,’

‘Nor deviated from the votes of studentship,’ — i.e., he who has not broken the vows of not having intercourse with women. This epithet has to be regarded as a distinct sentence, in accordance with the usage of stories; the sense being that (a) ‘the boy should not deviate from the vows of studentship’ and (b) ‘he should enter upon the state of the Householder.’ If the whole were taken as a single sentence, then, as a result of this, one who has deviated from the vows would never be entitled at all to enter upon the Householder’s state. If, however, we take the epithet as an independent injunction pat forth for the man’s benefit (and not as a necessary condition for entering upon Householdership), then deviation from it makes the man liable to the penalty of expiation, but it does not make him unfit to enter upon Householdership.

By the words, ‘having learnt, he should enter,’ all that is meant is that the two acts should come in this order, — entrance upon Householdership following the ‘learning;’ and it is not meant that marriage should come immediately after study. Because where the words signify mere sequence, immediate sequence is not always meant. Hence daring the time intervening between ‘Vedic Study’ and ‘marriage,’ it becomes possible for the boy to carry on the study of Grammar and. other Sciences, which help in the understanding of the meaning of Vedic texts. In fact, it is only the learned man that is entitled to Householdership; and it is not like the ‘Vedic Study,’ to which the entirely ignorant boy is entitled. Though during boyhood, the boy is like a lower animal, incapable of understanding what he is entitled to, yet he is made to act either by his Father or by his Preceptor. In fact, the act of ‘Vedic Study’ by the boy falls within the Father’s province; the proper-teaching of the child being the Father’s duty; and the reason for this lies in the fact that it is only when the child has been properly taught that the Father is regarded as having duly fulfilled the injunction of ‘begetting a child.’ ‘Teaching’ of the child, again, consists in explaining to him what he should do and what he should not do. And, if the Boy fails to understand his duties when these are explained to him, he is led by the hand, like the blind man, and made to fulfil them; just as he is caught firmly by the hand and saved from falling into the fire or into the well, in the same manner, he is also saved from drinking and other evils leading to imperceptible effects. Or, again, just as a boy is made, against his wish, to drink a wholesome medicine, so in the same manner, he is also made to do acts prescribed in the scriptures. After he has become capable of understanding things a little, he is directed by means of such words ‘you should do such and such an act.’ Such being the case, when the Boy has learnt the Veda, he should be instructed by his Father or Preceptor in such words as — ‘You have learnt the Veda, now you are fit for carrying on an investigation into what is contained in it, — hence you should now hear lectures on the subsidiary sciences.’ It is only when this advice has been given that the father is regarded as having fulfilled the duty of ‘begetting a child’; as it has been declared — ‘the child is begotten only when he comes to understand his own duties.’

From all this it becomes established that one should not marry immediately after learning the Veda, until he has learnt what is contained in the Veda; and the words of the text have to be construed thus — ‘Having learnt — i.e., after learning has been finished — one should continue to be firm in the vows of studentship (i.e., ‘of continence’). The cessation of continence having become permissible (after the Veda has been learnt), its maintenance is reiterated with a view to indicate that the other vows and restraints — such as the avoidance of honey, meat and the rest — may be withdrawn. The conclusion thus comes to be that, so long as the Veda is being learnt, the Boy should keep all his vows of studentship, — but when the learning of the Veda has been completed, and he continues his studies further for under standing what is contained in the Veda, he should abstain only from intercourse with women.

Though the term ‘brahmacharya,’ ‘vows of studentship,’ is ordinarily explained as standing for those observances and restraints that are kept up for the proper learning of the Veda, — yet in the present context it has been used in the sense of ‘avoiding intercourse with women,’ — as we shall show later on.

‘In due course,’ — i.e., according to that order of reading which is well known among students; i.e. first of all one should read the sixty-four sections of the Saṃhitā (of the Ṛgveda), then the Brāhmaṇa, and so forth, in the same order of sequence in which they may have been studied by his forefathers. In matters like this, no one can rightly say that ‘one should not follow either family traditions, or the dictates of morality, or orderly sequence.’ The meaning of all this is that ‘one should not abandon that Recensional Text which may have been learnt by his father and other ancestors.’ — (2)

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 189, 1. 14) — ‘Vedaśabdaḥ śākhāvacano vyākhyātaḥ’ — Hopkins calls this ‘a later view’ and refers to Āpastamba 2. 6.5.

The first quarter of this verse is quoted in Mitākṣarā (on p. 24, l. 36), in amplification of Yājñavalkya’s statement that ‘Studentship is to extend over twelve years’, and the meaning is deduced that twelve years should be devoted to the study of each Veda.

This verse is quoted in Madanapārijāta (p. 131); — and in Vīramitrodaya (Saṃskāra, p. 505), where the note is added that — ‘If one intends to perform the Jyotiṣṭoma and such other sacrifices, which can be performed only with the help of the three Vedas, one has to learn all the three Vedas, the Ṛk, Yajuṣ and Sāman; — if he is going to perform the Prākṣaumika and the Haviryajñas, he has to learn only, two, the Ṛk and the Yajuṣ; — while if he intends to perform only the Pākayajñas, he should learn only his own hereditary rescensional Vedic text; in the case of the other Vedas also, he should confine himself to only those rescensions which may have been studied by his forefathers, and not any one at random.

The verse is also quoted in Smṛtitattva (II, p. 587) in support of the view that every Brāhmaṇa is entitled to the study of various Vedic rescensional texts; — in Hemādri (Dāna, p. 680); in Saṃskāraratnamālā (p. 568); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 49a).

 

Comparative notes by various authors:

Yājñavalkya (3. 52). — ‘Having unfailingly maintained his studentship, he shall marry a girl endowed with good qualities.’

 

 

VERSE 3.3

Section II - Entrance into the Household

 

तं प्रतीतं स्वधर्मेण ब्रह्मदायहरं पितुः ।
स्रग्विणं तल्प आसीनमर्हयेत् प्रथमं गवा ॥३॥

taṃ pratītaṃ svadharmeṇa brahmadāyaharaṃ pituḥ |
sragviṇaṃ talpa āsīnamarhayet prathamaṃ gavā ||3||

 

When, by the due observance of his duties, he has acquired the Veda and his heritage from his father, and is so inclined, — his father shall first honour him, adorned with garlands and seated upon a couch, with the “Cow.” — (3)

 

Medhātithi’s commentary (manubhāṣya):

‘When he has acquired the Veda and his heritage, the father shall honour him first with the cow,’ He who has acquired both, the Veda (‘Brahman’) and the heritage (‘dāya’) is called ‘brahmadāyādāharaḥ.’ ‘Dāya’ (Heritage) is what is given, i.e., property; — ‘Brahman’ is ‘Veda’; — ‘haraṇa’ is acquiring. It is only when the boy has learnt the Veda and received his share of the ancestral property from his father that he takes to the Householder’s state; a man without any property not being entitled to enter upon that stage. If the father happens to have no property, he should earn wealth by begging for the avowed purpose of marrying his son (and thereby maintaining his line), and then marry him.

Others explain the Veda itself as being the ‘heritage;’ and regard the present verse as a reiteration of the foregoing Injunction! for the purpose of indicating that it is to be learnt from the Father.

“It having been declared before that it is the Preceptor whose function it is to teach the Veda, why is it that the boy is now spoken of as acquiring the Veda and ‘heritage’ from his father?”

The answer to this is as follows: — For him whose Father is living, the Father himself is the ‘Preceptor.’ It is only when the Father is not living, or when he is somehow incapacitated, that another person may act as the ‘Preceptor.’ By the appointing of another man as the ‘Preceptor,’ the Father’s title to act as one ceases. But, whether the Father himself teaches his son or some one else teaches him, it makes no difference.

Some people have urged the following argument — “In connection with the Upanayana, it has been laid down, as a compulsory duty that the ‘gift should consist of some very superior thing’ (Gautama, 25.6); from which it is dear that the function is to be performed by some one else (and not by the Father himself).”

This is not right. That the Fee should consist of a very superior thing is an Injunction in connection with the Upanayana, the Initiatory Rite; and whether the Initiator is the Father or some other Preceptor, neither of these persons requires any incentive to perform this function; and fees are paid only as incentives to service; nor is any incentive necessary in a case where the person engages in the work under the influence of some other form of prompting. For these reasons, the term ‘Fee’ in the context in question, being found incapable of conveying the sense of an incentive to work, must be taken as standing for some such gift as is made for the purpose of some transcendental results, just like the giving of gold. And it is the Father who should make the Boy the owner of enough wealth to enable him to make a gift of the ‘superior thing.’

If one were to insist upon the following argument — “it is not possible for the term fee to be used in any sense other than what is paid as an incentive to serve, and so long as a word can be taken in its primary sense, it cannot be right to have recourse to any secondary signification,” — then, in that case, the said Injunction of the Fee will have to be regarded as applying to such cases where, as in the case of Satyakāma Jābāla, neither the Father is alive, nor is there any other Preceptor appointed as the Father’s substitute, and where the Boy presents himself (to a Teacher) for Initiation. And it has been already explained that such a boy, having passed his childhood, is fully entitled to have his sacraments performed for himself.

Thus, in both cases, it is the Father’s function; he may do the initiating himself or get it done by another Preceptor.

‘Inclined’ — i.e., who is inclined towards entering the life of the Householder, — and not him who is going to be a lifelong student, even though the latter may be returning home simply for the sake of obeying the rule regarding the completion of study.

‘Adorned with garland’ — this is meant to include all the details that have been laid down by the authors of the Gṛhyasūtras in connection with the ‘Madhuparka’ offering.

‘Seated upon a couch’ — seated upon a valuable sofa.

‘With the cow’ — i.e., with the ‘Madhuparka’ offering. The offering of the cow in the ‘Madhuparka’ has been prescribed as an optional alternative; hence the term ‘cow’ here stands for that particular act (of offering) which is done by means of the cow.

‘Shall honour’ — this is the duty of the Father or the Preceptor.

‘First’ — i.e., before marriage.

‘Inclined’ — i.e., lying down upon the couch for the purpose of receiving the offering.

‘By the strict observance of his duties’ — this is a super-fluous reiteration; and it makes no difference whether it is construed with ‘acquiring the Veda and his heritage,’ or with ‘shall honour.’ — (3).

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 190, 1. 21) — ‘Sāntānikatayā’ — Apte explains ‘sāntānika’ as ‘a Brāhmaṇa who wishes to marry for the sake of issue.’ This is not quite correct. The word occurs in Manu 11. 1, where Kullūka explains it as ‘vivāhārthi,’ which has apparently misled the lexicographer. The word really means ‘he who is desirous of santāna, propagation of his race’, and is applied to the Father who, if poor, has to beg for the purpose of marrying his son.

This verse is quoted in Aparārka (p. 76), which adds the following explanation: When the Accomplished Student has been understood (pratīta) as inclined to take a wife; — he being ‘brahmadāyahara’ — i.e., equipped with study of the Veda, and inherited property, i.e., being quite able to maintain a family; — if the father be devoid of property, he should acquire enough by means of begging, and then marry; and thus obtain the ‘domestic fire,’ without which he could not perform the Pākayajñas. — ‘Sragvin’ indicates the presence of ornaments; — ‘talpa’ is bedstead; when the young man is seated upon it his father ‘should worship him first with the cow’ — i.e., with the Madhuparka.

 

Comparative notes by various authors:

Āśvalāyana Gṛhyasūtra (1. 24. 2). — ‘When, an Accomplished Student arrives, one should offer him the honey-mixture.’

Āśvalāyana Gṛhyasūtra (3. 9. 3). — ‘Where people are going to worship him (the next morning), there he should, stay during the night.’

Gobhila Gṛhyasūtra (3. 4. 28. 33). — ‘Having approached the Ācārya seated in his assembly, he shall look upon the assembly, — sitting down, he shall control his breath; — then the Ācārya shall worship him; — having brought over a chariot yoked with a pair of bullocks...; — he is to ascend the chariot; — starting either eastward or northward, he is to go round.’

Āpastamba Dharmasūtra (2. 8. 4. 5). — ‘The Vedic Student deserves the Cow-honey-mixture; — as also the Ācārya, the Priest, the Accomplished Student, the King endowed with righteousness.’

 

 

VERSE 3.4

Section II - Entrance into the Household

 

गुरुणानुमतः स्नात्वा समावृत्तो यथाविधि ।
उद्वहेत द्विजो भार्यां सवर्णां लक्षणान्विताम् ॥४॥

guruṇānumataḥ snātvā samāvṛtto yathāvidhi |
udvaheta dvijo bhāryāṃ savarṇāṃ lakṣaṇānvitām ||4||

 

The twice-born person, having, on being permitted by the Preceptor, “bathed” and “returned” according to rule, shall take a wife of the same caste as himself, who is endowed with signs. — (4).

 

Medhātithi’s commentary (manubhāṣya):

Even on the completion of the observances relating to Vedic Study, the Boy shall “bathe” only when ‘permitted by the Preceptor.’ ‘Bathing’ here stands for a peculiar sacrament prescribed in the Gṛhyasūtras, as the limit for the observances of the Religious Student. Why the term ‘bathing’ is used in this figurative sense we have already explained above.

‘Having returned’ — i.e., having gone through a particular consecratory. rite consisting of the offering of the Madhuparka, etc., as laid down in the Gṛhyasūtra, and having returned from the Preceptor’s home to his Father’s home.

All this has been mentioned as supplementary to the Injunction contained in the term ‘shall take,’ being already known from other sources. The ‘return’ spoken of here is not a part of the ‘marriage.’ Hence for him who has learnt the Veda in his Father’s house, though there can be no ‘Return,’ yet marriage is done.

Some people take the ‘Return’ to mean that Bath which forms part of the marriage rites. Against this view it might be argued that the participial ending ‘ktvā’ (in ‘snātvā’) clearly indicates that the two (Bath and Return) are entirely different. But that ceremony of ‘Return’ which coṇsists in ‘bathing’ and which forms part of the marriage rite, is going to be described later; where a particular form of ‘Bathing’ with its details is found laid down, [Hence the ‘Return’ mentioned, in the present verse cannot be regarded as part of Marriage.]

Or, the term ‘Return’ may be taken as intended to connote the renouncing of restraints and observances. In that case, ‘returned’ would mean ‘having resumed the former condition free from all restraint.’ Special stress is laid upon the renouncing of restraints in this connection, because the observances and restraints imposed upon the Religious Student are exceptionally hard, which is not the case with the other subsequent stages of life.

‘According to rule’ — this is to be construed like the term ‘in strict accordance with his duties’ (of the preceding verse).

‘The twice-born person shall take a wife’ — ‘Shall take’ constitutes the injunction of marriage. Marriage is a sacramental rite, a refining process, as is indicated by the Accusative ending in ‘bhāryām.’

“But before marriage there does not exist such a thing as wife for whom the refinement could be effected in the same manner as ornamentation by collyrium is done to the Eye. In fact, it is by means of marriage itself that the wife is brought into existence.”

In the case of the sacrificial post, we find such injunctions as the ‘sacrificial post shall be cut,’ and that same piece of wood becomes the post on which the refining process of cutting, &c., has been performed. Exactly in the same manner it is by means of the refining process of marriage performed upon her that the person becomes a ‘wife.’

The word ‘marriage’ denotes the taking hold of the hand, which forms the principal factor in the ceremony. To this effect we have the assertion — ‘marriage is taking a wife, i.e., the taking hold of the hand;’ and in this work also marriage is spoken of as ‘the sacrament of taking hold of the hand’ (verse 43 below). The offering of parched grain and such other rites are the subsidiary details (of Marriage); and all this may be learnt from the Gṛhyasūtras,

Later on (in verse 8) we read — ‘one shall not marry a maiden with golden hair, &e., &c.;’ — and from the use of the term ‘maiden’ there it is clear that marriage is a sacrament for maidens, and not for any and every woman; and we are going to explain later on that in the present context the term ‘maiden’ stands for the female who has had no intercourse with a male.

‘Of the same caste as himself’ — i.e., belonging to the same caste.

‘Endowed with signs,’ — The term ‘signs’ stands for the colour of the complexion, lines on the body, moles and such other marks which are indicative of unwidowed life, offspring, wealth, and so forth, — which may be learnt from the science of Astrology. — ‘Endowed’ — i.e., equipped — ‘with these signs;’ i.e., bearing auspicious marks. Even though indicators of evil are also called ‘signs,’ yet since what is mentioned here is, that one should marry a girl with these signs, it follows that what is meant is the girl with good, auspicious, signs. In fact, the term, ‘lakṣaṇa,’ ‘sign,’ is used in ordinary parlance in the sense of desirable signs; e.g., men and women are spoken of as ‘endowed with signs’ which means that they bear auspicious marks.

What we have to consider in this connection is the question of title (Who is entitled to marry?).

Since the Injunction of marriage enjoins a sacrament, a consecration, it comes to be performed just like the Laying of Fire; and just as the Laying of Fire serves, through the Āhavanīya and other fires, the purposes of compulsory and voluntary acts, and hence it comes to be performed for the bringing into existence of the Āhavanīya, &c., as subsidiary to those acts, — so the Marriage also brings into existence the ‘Wife,’ and through her serves the fulfilment of the visible and unvisible ends of man. For example, when desire for sexual intercourse arises in man, there arises the possibility of his having recourse to any and every woman; but intercourse with maidens and wives of other men being prohibited, the said desire comes to be accomplished only through one’s own married wife [The married wife thus serves a visible end]. Then again, there is the saying that ‘every religious act shall be done by the husband and wife together,’ which shows that it is only as accompanied by his wife that man is entitled to the performance of religious acts; and thus it is clear that the accomplishment of the invisible (transcendental) purposes of man also is dependent upon the wife.

In connection with this subject, some people make the following observations: — “As just described, persons, with their sexual desire aroused, have, of their own accord, their marriages done for the purpose of accomplishing their visible ends; and after they have married, they happen to perform certain religious acts; and in this case, the marriage might thus turn out to be of use in the fulfilment of religious acts. But in a case where a man’s desire for intercourse with women has entirely ceased, there is no marriage at all; — there being no marriage, the man is not entitled to the performance of religious acts; — in the absence of such title, the non-performance of acts shall involve no sin; — consequently, there need be nothing reprehensible in the conduct of the man who does not take to the Householder’s life and does not perform any religious acts conducive to the ends of man.”

This, however, is not right. Religious acts are as much conducive to the fulfilment of man’s purpose as sexual desire is. In fact, every man engages in activity only for the accomplishment of some purpose of his. If this were not so (i.e., the entrance into the Householder’s state were not essential), then there would be no room for such assertions as ‘desisting for a year from entering into the Householder’s state, &c., &c.’ We shall explain this fully under Discourse VI, in connection with the question of option regarding the Life-stages. — (4)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 462) simply as laying down marriage; — in Madanapārijāta (p. 131) as indicating the necessity for marriage; — also in Vidhānapārijāta (p. 673); — in Vīramitrodaya (Saṃskāra, p. 567), as indicating that the ‘Final Bath’ spoken of above (in 1. 245) is meant to be for the purpose of marriage; — on the ground that the Bath is here spoken of in connection with the twice-born person who is going to marry; while we do not meet with any such assertion as ‘Having bathed, he should betake himself to the forest,’ or that ‘having bathed,’ he should bike to Renunciation; — in the same work on p. 585, in support of the view that Marriage is meant to be conducive to the fulfilment of the man’s purpose, the following notes are added: — the term ‘dvija’ serves to show that it is only the twice-born person endowed with the above-mentioned qualifications that is entitled to marriage; and it does not mean that any and every twice-born person is entitled to it; and that this is so is clear from the fact that marriage has been laid down only for one who has had his Initiation and has taken the ‘Final Bath’ of the Studentship. Nor again can the term ‘dvija’ be taken as precluding others; as in that case there would be no marriage for the Śūdra. From all this it follows that the present text should be taken as enjoining a particular act as pertaining to a particularly qualified person. — The term ‘bhāryā,’ ‘wife,’ has been used in view of the future status of the girl; so that the meaning of the injunction comes to be that ‘he should bring into existence a wife by means of the marriage-ceremony.’ — The term ‘Savarṇā,’ ‘of the same caste’ is meant to indicate that such a marriage would be in its principal form: and it does not preclude the marrying of girls of other castes; this is in fact sanctioned by other texts.

The same work quotes the verse again on page 747, as laying down the ‘principal’ wife ordained for man.

Vīramitrodaya again in its ‘Lakṣaṇa’ section (p. 118) quotes the second half of this verse under the ‘the characteristics of women.’

It is quoted also in Smṛtitattva (p. 940) to the effect that ‘Samāvartana’ is another name for the concluding rites of Studentship; — in Aparārka (p. 76) as indicating that the ‘Bath’ is distinct from the Samāvartana ceremony; — in Hemādri (Dāna, p. 680); — in Saṃskāraratnamālā (p. 403); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 49a.)

 

Comparative notes by various authors:

Vaśiṣṭha (8. 1). — ‘The Householder, with anger and joy under control, when permitted by the teacher, should take up a wife of the same grade as himself, younger in age, not having the same sage (as an ancestor), and who has not had intercourse.’

Yājñavalkya (1. 52). — ‘Having gone through his studentship intact, he should marry a qualified girl, one who has not belonged to another man, loving and younger in age, who is not a Sapiṇḍa.’

Āśvalāyana Gṛhyasūtra (1. 5. 3). — ‘One should marry a girl who is free from disease and endowed with intelligence, beauty, modesty and other good qualities.’

Āśvalāyana Gṛhyasūtra (3. 9. 4). — ‘On the completion of his study, he should approach the teacher with presets and then, permitted by him, he should take the Bath.’

Pāraskara Gṛhyāsūtra (2. 6.1-4). — ‘Having finished the Veda,he should take the Bath;...............permitted by the teacher.’

Gobhila Gṛhyasūtra (2. 1. 1. 2). — ‘One should take to a wife during the Puṣya-Asterism, — one who is endowed with comendable qualities.’

Gobhila Gṛhyasūtra (3. 4. 1-3). — ‘The Religious Student, having studied the Veda, and having offered presents to the Teacher, should take a wife, after being permitted by the Teacher.’

Vyāsa (Vīra-Saṃskāra, p. 586). — ‘Having taken the Bath, one should marry a girl of one’s own caste, endowed with good qualities.’

Dakṣa (Vīra-Saṃskāra, p. 586). — ‘Having, with due effort, studied the Veda both verbally and intelligently, he shall marry a girl endowed with good qualities, after having previously taken the Bath.’

 

 

VERSE 3.5 [Marriageable Girls]

Section III - Marriageable Girls

 

असपिण्डा च या मातुरसगोत्रा च या पितुः ।
सा प्रशस्ता द्विजातीनां दारकर्मणि मैथुने ॥५॥

asapiṇḍā ca yā māturasagotrā ca yā pituḥ |
sā praśastā dvijātīnāṃ dārakarmaṇi maithune ||5||

 

She who is not a “sapiṇḍa” of one’s mother, not of the same “Gotra” as his Father, and who is not born of (unlawful) intercourse — has been recommended for marriage. — (5)

 

Medhātithi’s commentary (manubhāṣya):

The text proceeds to show what sort of maiden should be married.

‘She who is not a sapiṇḍa of one’s mother, and who is not of the same gotra as his Father, has been recommended for marriage.’ The term ‘sapiṇḍa’ indicates the relations on the mother’s side. According to another Smṛti, women are called the “mother’s sapiṇḍa” only up to three steps of relationship. But, as a matter of fact, marriage with relatives on the mother’s side is permitted beyond not the third, but the fifth, step of relationship. Says Gautama (4 — 3 and 5) — ‘Beyond the seventh step of relationship on the Father’s side and beyond the fifth step on the mother’s side.’ Thus, inasmuch as the term ‘sapiṇḍa’ cannot be taken here in its literal sense (of relation within three steps of relationship), it has to be explained, in accordance with other Smṛtis (such as Gautama), as standing for ‘mother’s relation.’ The meaning thus comes to be — ‘She who is not born of the mother’s family;’ and the limit of relationship is to be taken as prescribed by Gautama. So that one should not marry the girl who is descended either from his maternal grandfather or great-grandfather, up to five steps downwards, on account of the closeness of relationship among the descendants of these. Hence the mother’s sister, the daughter of the mother’s sister, as also those descended from the maternal great-grandmother, all these become excluded, on the ground of all of them being ‘relations.’

‘She who is not of the same gotra as his Father — The term ‘gotra’ has been declared to stand for the descendants of Vaśiṣṭha, Bhṛgu, Garga and the rest. — ‘Of the same gotra’ means belonging to same gotra. That is, a ‘Vaśiṣṭha’ girl cannot be married by a ‘Vaśiṣṭha’ boy; nor the ‘Garga’ girl by a ‘Garga’ boy.

In the Vaśiṣṭha (Dharmaśāstra), there is prohibition also of the girl belonging to the same gotra as one’s mother. It says — ‘If the twice-born person marries a girl of the same gotra or the same Pravara as himself, he shall renounce her and perform the penance of the Cāndrāyaṇa; so also if he has married the daughter of his maternal uncle, or a girl of the same gotra as his mother.’

Gautama says — ‘There is marriage between parties not having the same Pravara’ (4.2); so that if the Pravara is different, there may be marriage, even though the gotra happen to be the same.

This, however, is not right; because another Smṛti (Yājñavalkya) has prohibited both — ‘one should marry a girl born of a different gotra and Ṛṣi’ (Acāra, 53), — where ‘Ṛṣi’ stands for ‘pravara.’

“But how can a girl be born of the same Ṛṣis when her gotra is different?”

Why may this not be possible when the Smṛti distinctly speaks of it? This subject is one that falls entirely within the purview of Śruti and Smṛti, and is beyond our perception; so that there could be no incongruity (in what is directly asserted in the Smṛti).

“What are ‘pravaras,’ after all?”

Well, you are asking too little; you might as well ask — ‘What is a Brāhmaṇa?’ ‘What is a gotra?’ In fact, just as the generic character of ‘man’ being equally present in all men, the ‘Brāhmaṇa’ and the rest constitute the particular species included under that generic character, — exactly in the same manner, the generic character of ‘Brāhmaṇa’ being common among a number of men, ‘Vaśiṣṭha’ and the rest come in as specific sub-divisions; and related to each ‘gotra’ there are a few names of ‘Ṛṣis;’ and the person who belongs to a certain ‘gotra’ has to connect himself with these Ṛṣi-names, which are called his ‘pravara.’ This same is the meaning of the term ‘pravara’ in connection with the prohibition of marriage.

The writers of Sūtras have mentioned the pravaras along with each distinct gotra, in such words as — ‘such and such are the pravaras of the person belonging to such and such a gotra.’ As for the distinct gotras, these are duly remembered by the persons born in those gotras themselves — ‘we belong to the ‘Parāśara-gotra,’ ‘we belong to the Upamanyu-gotra,’ and so forth. Though, like.their gotra, people remember their pravaras also, yet inasmuch as the number of pravaras is large, it was thought that people might forget them, and hence the Smṛtis were written for the purpose of mentioning the pravaras connected with each of the gotras. As for the gotra, save that people themselves remember it, there is no other indicative in the form that ‘he who is like this and that belongs to such and such a gotra. All that has been declared in connection with gotra is that persons belonging to the same gotra must belong to a common stock and a common caste.

This diversity of Gotra and Pravara is found only among Brāhmaṇas, not Kṣatriyas and Vaiśyas. Say the authors of the Kalpasūtra — ‘that of the Kṣatriya and the Vaiśya is determined by that of their priests.’ On the ground of this Kalpasūtra-statement occurring in the section dealing with Pravara, it might be construed to be a denial of pravara only, which might be understood to apply to those two castes also by reason of particular gotras having been mentioned in relation to them. But, in reality, there are no gotras mentioned in connection with them.

“Under the circumstances, what sort of restriction would there be on the point of relationship, in connection with marriages?”

Our answer is as follows: — The rule of Gautama (4. 3), that ‘it should be beyond the seventh step among the relations on the father’s side,’ is common to all castes (and this would supply the necessary limitation).

In the present verse also the term ‘not of the same gotra’ means ‘who is not a Sapiṇḍa;’ and, just as the term ‘sapiṇda,’ in the preceding phrase, so the same term here also, would be taken as standing for ‘relations;’ and in this way we secure the exclusion of girls descended from the father’s sister, as also of other girls descended from one’s great-grandfather, up to the seventh step. And it is only persons up to the seventh step of relationship that have been called ‘sapiṇḍa.’

Others have explained ‘gotra’ to mean family. And in this case, there is no need for any limit; there can be no marriage among parties who know each other as ‘belonging to the same family.’ In accordance with this view also the term ‘asapiṇḍā’ has to be construed twice over; so that, as before, the daughter of the father’s sister and Others become excluded.

“But, according to this view, the exclusion of girls belonging to the same gotra and having the same pravaras becomes difficult. As among these there is no such idea as that ‘we belong to the same family.’”

The answer to the above is that this difficulty is sought to be explained by a reference to tradition. There is a tradition that ‘Vaśiṣṭha and others like him are the prime progenitors of families, and persons descended from them and belonging to their gotra are the Pravaras, who were their sons and grandsons endowed with excellent austerities and learning and vastly famous.’ [ And in this sense ‘persons belonging to the same gotra and having the same pravaras’ may be regarded as ‘belonging to the same family.’] In other Smṛtis also we find the same rule.

The following facts, however, have to be borne in mind in this connection: — In the phrase, ‘having the same pravaras,’ the sameness is in regard to the names, not the mere number, of Pravaras; and the question arises, whether the prohibition applies to all cases where al the Pravara-names are the same, or only to those where even one name, happens to be common. If the whole set of names constitutes the ‘pravara,’ then there is no ‘sameness of Pravara’ in a case where a few names are common but others are different, and hence the ‘set of names’ in the two cases becomes different; so that the prohibition would not apply to such a case; and marriage could take place between the Upamanyus and the Parāśaras, whose gotras are different, — one belonging to the Gotra of Upamanyu, and the other to the gotra of Parāśara, — but there is difference in their. ‘pravaras,’ in the Sense noted above; because for the ‘Upamanyu gotra’ the Pravaras are ‘Vaśiṣṭha, Bharadvāja and Ekapāt,’ while for the ‘Parāśara gotra’ they are ‘Vaśiṣṭhya, Gārgya and Parāśarya.’ If, on the other hand, only one name constituted the ‘Pravara’ — and not the whole set, then the prohibition would apply to even such cases where a single name happens to be common. E.g., when it is said ‘Māṣa grains should not be eaten,’ one ceases to eat even mixed Māṣa grains.

What, then, is the right view?

The right view is that single names constitute ‘pravara; it is in accordance with this that we find such usage as ‘ekam vṛṇīte,’ ‘dvau vṛnīte,’ ‘trīn vṛnīte,’ — where there is co-ordination between ‘one,’ ‘two’ and ‘three’ with the ‘Pravara;’ and it is said that ‘there should be no marriage even when, one pravara-name is common.’

The mention of the ‘twice-born person’ is merely indicative; as for the Śūdra also there is no marriage up to seven grades of relationship on the father’s aide, and five on the mother’s side.

‘Marriage’ — i.e., taking to wife.

‘Recommended’ — enjoined with commendation.

‘Who is not born of (unlawful) intercourse,’ i.e., who is born directly from her lawful father. ‘Niyoga’ (begetting of offspring by the widow) having been permitted, the girl who would be born under that form would not be excluded by the foregoing qualifications; hence she is separately excluded by the term ‘who its not born of unlawful intercourse;’ which means that one should not voluntarily marry a girl born, of ‘Niyoga,’ because she is born of unlawful intercourse.

Others read ‘Amaithune’ (for ‘Amaithunī), and explain it to mean that the girl described has been recommended as an associate at religions functions, and not for sexual intercourse.

And such a prohibition would be by way of eulogy; the sense being — ‘if one marries a girl with these qualifications, she fulfills his religious functions, even though there be no sexual intercourse.’

 

Explanatory notes by Ganganath Jha:

‘Asapiṇḍā ca yā mātuḥ — asagotrā ca yā pituḥ’ — Kullūka, Nārāyaṇa and Rāghavānanda hold the first ‘ca’ to mean that the ‘sagotrā’ of the mother also is excluded; this exclusion is supported by Vaśiṣṭha as quoted by Medhātithi; — according to Medhātithi, Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda, the second ‘ca’ connects the ‘asapiṇḍā’ with ‘pituḥ’ also. But there appears to be no point in this as the father’s ‘asapiṇḍā’ would be already included under the father’s ‘asagotrā’. Medhātithi appears to have been conscious of this, as he adds that the term ‘sapiṇḍa’ here stands for ‘relations’ [see Trans. p. 26, ll. 3-4, which should be as follows, and not as it appears there — “In the present phrase ‘asagotrā ca pituḥ’, the particle ‘ca’ excludes the fathers sapiṇḍā also.”]

‘Amaithunī’ — This is the reading adopted by Medhātithi, to whom Buhler wrongly attributes the reading ‘maithune’ (‘for conjugal union’), which is the reading of Govindarāja, Nārāyaṇa and Kullūka, the last however explaining it to mean ‘(she is recommended) for the Firelaying, child-begetting and other acts to be performed by the husband and wife jointly.’ — Medhātithi notes a third reading ‘amaithune’, and explains it to mean that ‘the girl is recommended as an associate at religious functions, and not for sexual intercourse, though he does not consider this satisfactory. — Medhātithi’s reading ‘amathunī’ has been explained by him to mean ‘not born of unlawful intercourse’, and added for the purpose of excluding the girl horn of Niyoga. Though Nandana also adopts this same reading, he explains it as one ‘who has had no sexual intercourse.’

This verse is quoted in Aparārka (p. 81) in support of the view that the girl to be married should be one who is ‘asapiṇḍā’ on both the paternal and the maternal sides; it adds that ‘asagotrā’ alone would preclude the father’s ‘sagotrā’ also (the gotra of the man being the same as his father’s); the word ‘pituḥ’ has therefore been added with a view to the ‘putrikāputra’. — Such a girl is ‘recommended’ — for ‘dārakarma’ — such rites as cannot be performed without a wife and for ‘maithune’, i.e., such rites as can he done only conjointly by the pair, e.g. the Pākayajña, and the like, — ‘asapiṇḍā ca yā mātuḥ’ is meant to preclude the marrying of the daughter of the maternal uncle, she being the man’s ‘mother’s sapiṇḍā’.

This verse is quoted in Parāśaramādhava (Ācāra, p. 468), where the following explanation is added — ‘who is asapiṇḍā of the mother, as also her asagotrā — who is asagotrā of the father, and also his asapiṇḍā, — is recommended for all acts to be performed by the couple’. — It raises the question that the separate mention of the ‘mother’ is superfluous; as the wife has no ‘piṇḍa’ or ‘gotra’ apart from the husband; so that the ‘asapiṇḍā’ and ‘asagotrā’ of the ‘mother’ would be the same as those of the ‘father’; — and supplies the answer that in the case of the Gāndharva and some other forms of marriage, the bride being not given away by her father, she retains her gotra and piṇḍa; so that her ‘sapinda’ and ‘asagotra’ would not be the same as those of her husband.

In connection with this verse a peculiar point of view has been set forth by ‘some people’ in Vīramitrodaya (Saṃskāra, p. 691): —

“Three kinds of sapiṇḍā have got to be excluded —

who is one’s own and his father’s sapiṇḍā,

who is one’s own sapiṇḍā, but not the sapiṇḍā of his father,

who is not one’s own sapiṇḍā, but is the father’s sapiṇḍā.

To the first category belongs the girl who is one’s own sapiṇḍā as being the sapiṇḍā of his father, who is the married husband of his mother; — to the second category belongs the girl who is not the sapiṇḍā of that ‘father’ who is only the supporter (not the progenitor), and is one’s own and his natural father’s (progenitor’s) sapiṇḍā, — and who thus is his own sapiṇḍā, but not that of his supporter-‘father’; — and to the third class belongs that girl who is the sapiṇḍā of the supporter-‘father’, but not one’s own sapiṇḍā. All this diversity is based upon the fact that in the case of the ‘adopted’ son (in whose case the supporter-father and the progenitor-father are different), the son’s body (piṇḍa) does not contain the constituent elements of the body of the father.

For the same reasons there are four kinds of ‘father’ also —

the progenitor, the husband of the mother;

the owner of the ‘field, i.e. the mother’s husband, who is not the progenitor;

the owner of the ‘seed’, i. e. the progenitor, who is not the husband of the mother;

and the supporter, i.e. the adoptive father.

Of these the ‘progenitor’, husband of the mother, and the ‘seed-owner’ both transmit the constituents of their body to the child; and on that ground the sāpiṇḍya ‘consanguinity’; of these two Fathers to the Aurasa and Kṣetraja sons would be direct; while that of the ‘field-owner’ (the second kind of ‘father’) would be only indirect, through the field (i.e., the body of his wife); the bodies of the husband and wife having been declared to bo one. — Now the girls that fall within these three kinds of ‘consanguinity would become excluded by the test that ‘one should marry a girl younger than himself, who is not his sapiṇḍā’ (Yājñavalkya 1. 52). But the Sapiṇḍā of the Supporter (adoptive) father would not be the Sapiṇḍā of the adopted son, and as such she would not he excluded by the said text. Hence it becomes necessary to find out a text excluding the ‘father’s Sapiṇḍā;’ and such a text is found in Manu 3. 5 (the present verse). This text clearly implies that the girl who falls within seven degrees of the ‘Sāpiṇḍya’ of the Secondary Father (not the progenitor) is to be avoided; in this sense the term pituḥ, being taken in its etymological sense of one who supports, pāti iti pitā, includes the adoptive, father also.”

This view is not accepted by the author of Vīramitrodaya himself, who takes Manu’s text to mean the exclusion of the girl who is one’s Sapiṇḍā or Sagotrā either through his father or through his mother.

Smṛtitattva (II, p. 106) quotes this verse, explaining daṛa-karma as ‘the act of making a wife’ i.e., the, taking of a wife.

The first half of the verse is quoted in Mitākṣarā (on 1. 53, p. 34) in the sense that the sagotrā girl is to be excluded.

Vidhānapārijāta (p. 690) quotes this verse and adds that the second ‘ca’ excludes the father’s ‘Sapiṇḍā’ also. Here also we have a reproduction of the discussion found in Parāśaramādhava (see above).

The verse is quoted also in Madanapārijāta (p. 133), which adds the following Explanatory notes: — The meaning of this is as follows — The girl who is not-sapiṇḍā of the mother, — and also her not-sagotrā, which is implied by the first ‘ca’ — is recommended, i.e., is fit for being married. The purport of all this is as follows — Twice-born men are entitled to marry girls belonging to the same caste as themselves, as also those belonging to lower castes; the marriage with a girl of the same caste is the principal or primary form of it, while that with a girl of a different caste is only secondary; — for the married man two kinds of acts have been enjoined — sacrifices and intercourse; and in the text the former set of acts is spoken of by the term ‘dāra-karma’, and the latter set by the term ‘maithuna’

Having explained the verse, Madanapārijāta also raises the question why the Sapiṇḍā and Sagotrā of the Mother should be mentioned apart from that of the Father, and deals with it in a somewhat different manner from that in Parāśaramādhava or Vidhānapārijāta. Its answer is that the separate mention is meant to meet the following case — Devadatta has for Ids mother the adopted daughter (of his grandfather), who has been ‘appointed’ by her adoptive ‘father’; — hence Devadatta does not inherit the gotra of his Progenitor-father; — now the husband of the aforesaid adopted daughter (i. e. the progenitor of Devadatta) has adopted a daughter, who is the Sapiṇḍā of her adoptive father (Devadatta’s Progenitor), but not the Sapiṇḍā of Devadatta; — thus Devadatta might marry the adopted daughter of his progenitor. This contingency has been prevented by the separate exclusion of the ‘Mother’s Sapiṇḍā; as the girl, though not the Sapiṇḍā of Devadatta or his adoptive Father, would still be the Sapiṇḍā of his mother, whose piṇḍa is one with that of her husband, (the adoptive father of the girl concerned).

Another question raised is why should the mother’s asapiṇḍā, who is included in the mother’s asagotrā implied by the eha in the text, be mentioned separately? — The ‘mother’s Sapiṇḍā’ has got to be so mentioned for the purpose of excluding the girl born in the family of the father of one’s step-mother, who is one’s own ‘asapiṇḍā’, as also the ‘asagotrā’ of the mother, but is the ‘sapiṇḍā’ of the mother; so that if the text had excluded only the ‘mother’s asagotrā,’ the said girl would he marriageable; she becomes excluded, however, by the condition that she should not he his Another’s sapiṇḍā’.

It goes on to raise a. further question that the phrase ‘asagotrā ca pituḥ’ need not be taken to include the father’s ‘asapiṇḍā’ also, as the latter is already included under the term ‘father’s asagotrā’. — The answer to this is that the separate exclusion of the ‘father’s sapiṇḍā’ is necessary in view of the following case: — Devadatta’s father, Yajñadatta, is the adopted son of his father, Bhānudatta, — a girl is born in the family of Yajñadatta’s progenitor-father, — this girl would be asagotrā of Devadatta’s ‘father’ (adoptive), and also ‘asagotrā’ of his ‘mother’: — thus there would be a likelihood of Devadatta marrying this girl; — and this becomes precluded by taking the ‘ca’ to mean the ‘father’s asapiṇḍā’. If this had not been intended by Manu, he would have said ‘one’s own asagotrā’ (‘asagotrā ca yātmanaḥ’). Thus the upshot of all this is that the girl to be married should be ‘asapiṇḍā and asagotrā’ of his Mother, and also ‘asapiṇḍā and asagotrā of his Father’.

This verse is quoted also in Nirṇayasindhu (p. 196); — in Gotra-pravara-nibandha-kadamba (p. 131), which adds the following notes: — In as much as the text forbids only the ‘sapiṇḍā’ of the mother, it follows that the sagotrā of the mother is not forbidden; — in Smṛticandrikā (Saṃskāra, p. 184), which adds the following explanation: — The girl who is not ‘sapiṇḍā’ either of the bridegroom or of his mother, and who is not the ‘sagotrā’ of the bridegroom or his father, is commended for the purpose of marriage; — in OodādharUpaddhati (Kālasāra, p. 223), which adds the following notes — ‘Dārakarmaṇi’, in the rite that makes a ‘wife’, — ‘maithune’, in the act of intercourse which is consummated conjointly by man and woman; — the sense is that the said girl is commended not only for cooking and such other acts as are done by the woman alone, but also in that joint act which is done by both conjointly; according to Kalpataru, ‘maithune’ means ‘in the begetting of the lawful son by means of sexual intercourse’.

This verse is quoted in Parāśaramādhava (Ācāra, p. 477), in support of the view that not only the girl, but her family also should be carefully examined; — also in Vīramitrodaya (Saṃskāra, p. 588); — in Aparārka (p. 84); — in Saṃskāraratnamālā (p. 508); — and in Smṛticandrikā (Saṃskāra, p. 204).

 

Comparative notes by various authors:

Gautama (4. 2-5). — ‘Marriage should he performed with persons not belonging to the same Pravara; — above the Seventh grade among his paternal relations; — also beyond persons of the same seed; — and above the fifth grade among maternal relations.’

Vaśiṣṭḥa (8. 1, 2). — ‘He should marry a girl who has no common Ṛṣi (as her ancestor).........; nor one who is in the seventh grade among his paternal and in the fifth grade among his maternal relations.’

Bodhāyana (2. 1. 38). — ‘If he unknowingly marries a girl who is of the same gotra as his mother, he should maintain her as his mother; if he has got a child from her, he should perform the following expiation.........’

Viṣṇu (24.9-10). — ‘He should obtain a wife who is not the same gotra as himself nor with the same Pravara-ṛṣis; and who is beyond the fifth grade of his maternal, and beyond the seventh grade of his paternal relations.’

Viṣṇu (Aparārka, p. 82). — ‘Those who marry within the seventh and fifth grades, and the children of such marriages, become outcasts and Śūdras.’

Yājñavalkya (1.53). — ‘The girl who is free from disease, has a brother, and does not belong to the same gotra or the same Ṛṣis, and who is above the fifth and seventh grades of relationship on the maternal and paternal sides respectively.’

Gobhila Gṛhyasūtra (3.4.4,5). — ‘The girl who does not belong to the same gotra, and who is not his mother’s sapiṇḍa.’

Laghu-Śātātapa (37). — [Reproduces Manu.]

Śātātapa (Vīra-Saṃskāra, p. 590). — ‘First of all there should be purity regarding gotra and pravara, and then that regarding the fifth and seventh grades of relationship.’

Baudhāyana (Vīra-Saṃskāra, p. 590). — ‘One born of a woman of the same gotra as her husband is a Caṇḍāla.’

Śātātapa (Vīra-Saṃskāra, p. 683). — ‘If one marries the daughter of his maternal uncle, or a girl who is of the same gotra as his mother, or of the same pravara, — he should renounce her and perform the Cāndrāyaṇa penance.’

Sumanta (Vīra-Saṃskāra, p. 683, Aparārka, p. 80). — ‘Having married the daughter of his father’s sister, or that of his mother’s sister, or one who is of the same gotra as his mother, or of the same pravara, — one should perform the Cāndrāyaṇa; he shall give her up, but support her.’

Sumanta (Vīra-Saṃskāra, p. 702). — ‘Girls are unmarriageable up to the seventh grade on the father’s side, and up to the fifth grade on the other sides.’

Vyāsa (Vīra-Saṃskāra, p. 683). — ‘Some people hold that one should not marry a girl who has the same gotra as his mother.’

Kāṭhaka Gṛhya (Vīra-Saṃskāra, p. 683). — ‘One should not marry a girl who has the same gotra and the same pravara as his father, nor one who is of the same gotra as his mother.’

Kātyāyana (Vīramitrodaya-Saṃskāra, p. 684). — ‘One should avoid a girl who, as regards his father, is of the same gotra or of the same pravara; but as regards his mother, only one who has the same gotra (the sameness of pravara in this latter case does not matter).’

Pāraskara (Vīramitrodaya-Saṃskāra, p. 702). — ‘Jñāti-relationship extends to the seventh grade, or to the tenth.’

Yājñavalkya (Vīramitrodaya-Saṃskāra, p. 702). — ‘From the seventh or the tenth grade extends the Jñāti-relationship.’

Devala (Vīramitrodaya-Saṃskāra, p. 703). — ‘On the father’s and on the mother’s side, the sapiṇḍatā (consanguinity) ceases beyond the seventh and the fifth grades of relationship respectively.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, 703). — ‘One should select a girl who has no pravara- sage in common with him, — avoiding seven grades on the father’s and five on the mother’s side.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, p. 704). — ‘In marriage one should avoid three grades on the mother’s side and five grades on the father’s.’

Hārīta (Vīramitrodaya-Saṃskāra, p. 704). — ‘One shall select a girl who has been found to be endowed with the three qualifications, and he should avoid seven grades on his father’s, and five on his mother’s side.’

Nārada (Vīramitrodaya-Saṃskāra, 407). — ‘Within the seventh and the fifth grades of relationship from the father and the mother respectively — a girl is unmarriageable; as also one who has the same gotra or pravara.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 703). — ‘The householder shall marry a girl who is in the fifth grade on his mother’s side and in the seventh on the father’s.’

Ślokavaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 703). — ‘One should marry the girl who is the seventh on his father’s side and fifth on his mother’s side.’

Viṣṇu-purāṇa (Vīramitrodaya-Saṃskāra, p. 703). — ‘O king, the householder shall marry, in the proper form, a girl who is fifth on his mother’s side and seventh on his father’s side.’

Śaṅkha (Vīramitrodaya-Saṃskāra, p. 704), — ‘One shall acquire rightfully a wife, who is not born of the same gotra or the same pravara as himself, — and who happens to he the fifth on mother’s and seventh on the father’s side.’

Manu and Viṣṇu (Vīramitrodaya-Saṃskāra, p. 704). — ‘Sapiṇḍatā ceases in the seventh grade.’

Chaturviṁshatimata (Vīramitrodaya-Saṃskāra, 704). — ‘On both sides, one should marry the girl in the third and the fourth grades.’

Saṭtṛṁshanmata (Vīramitrodaya-Saṃskāra, 704). — ‘Manu has declared that one may marry the girl who is in the third grade on the mother’s side and in the third grade on the father’s side.’

 

 

VERSE 3.6

Section III - Marriageable Girls

 

महान्त्यपि समृद्धानि गोऽजाविधनधान्यतः ।
स्त्रीसम्बन्धे दशैतानि कुलानि परिवर्जयेत् ॥६॥

mahāntyapi samṛddhāni go'jāvidhanadhānyataḥ |
strīsambandhe daśaitāni kulāni parivarjayet ||6||

 

In female connection one should avoid these (following) ten families, — even though they be great and rich in the possession of cattle, goat and sheep and grain. — (6).

 

Medhātithi’s commentary (manubhāṣya):

This verse is a deprecatory exhortation, supplementary to the Prohibition coming later.

‘Rich’ denotes prosperity.

‘Possession’ — property.

‘Though great’ — high.

The possessions are farther specified — ‘in the possession of catlle, &c., &c.’ The affix ‘tas’ in ‘gojavidhanadhānyataḥ’ has the force of the Instrumental; the construction being — ‘gojāvidhanena-dhānyena.’ The term ‘possession’ has been added for the purpose of qualifying ‘cattle’ etc., the sense being ‘cattle and the rest, which constitute possession.’

‘Grain’ stands for property in the shape of kūṭa (?)

‘Female-connection’ — i.e., Marriage — the compound being construed as ‘the connection for the purpose of obtaining a female mate.’ — (6)

 

Comparative notes by various authors:

(verses 6-7)

Āśvalāyana Gṛhyasūtra (1.5.1). — ‘First of all, one should examine the family — on the father’s as also on the mother’s side, etc., etc.’

Yājñavalkya (1.54). — ‘[The girl should be selected] from a Śrotriya family of which ten generations are well known, which is expansive and which is not beset with the defect of an infectious disease.’

Laghu-Śātātapa (36). — ‘One shall not marry a girl whose father is not known.’

Viṣṇu (Vīramitrodaya-Saṃskāra, p. 587). — ‘In connection with the marriage of Brāhmaṇas, what should be heeded is the family.’

Yama (Vīramitrodaya-Saṃskāra, p. 588). — ‘The following are the fourteen families in which one should not marry: (1) One should avoid such Brāhmaṇa-families as have their Pravaras unknown, and also (2) the family of hereditary (professional) priests; (3) a family of which the members are too tall; (4) that of which the members are too short; (5) that of which the members are of too pronounced a complexion; (6) the family of which several members have a limb wanting; (7) that of which several members have too many limbs; (8) that of which the members suffer from dyspepsia; (9) that of which the members suffer from leucoderma, or (10) leprosy and such other diseases; (11) that of which the members are too lascivious; (12) that of which the members are given up entirely to Tāntric practices; (13) the Family of which the members suffer from epilepsy or (14) from paleness.’

Hārīta (Vīramitrodaya-Saṃskāra, p. 589) — ‘[Such objectionable families are to be avoided, because] the offspring is of the same nature as the family.’

Hārīta (Aparārka, p. 84). — ‘The following families are to be avoided even though they he not outcasts: In which there, has been lucoderma, or leprosy, or dropsy or pthisis or other infectious deseases, in which members have been shortlived or suffering from piles; of which the Gotra and Pravara Ṛṣiṣ are not known, or that, in which the Veda is unknown or one which has the same Ṛṣis. The first six are to ho avoided because the offspring takes after the family; of the unknown Gotra-Pravara is to he avoided because such a family would he unlit for sacrificial performances; and one in which the Veda is unknown is to be avoided, because it would he unfit, for divine rites; one having the same Ṛṣis as the man himself is to he avoided because it is the same family. For these reasons one should examine seven generations on the father’s side and live on the mother’s side and then select as his wife a girl who has not attained puberty, is endowed with superior qualities and has a brother. He shall always select one who is fully qualified as regards family, the asterism under which she has been born, and learning and wisdom.’

 

 

VERSE 3.7

Section III - Marriageable Girls

 

हीनक्रियं निश्पुरुषं निश्छन्दो रोमशार्शसम् ?? ।
क्षयामयाव्य्ऽपस्मारिश्वित्रिकुष्ठिकुलानि च ?? ॥७॥

hīnakriyaṃ niśpuruṣaṃ niśchando romaśārśasam ?? |
kṣayāmayāvy'pasmāriśvitrikuṣṭhikulāni ca ?? ||7||

 

Such families as — (1) that in which the sacred rites have been abandoned, (2) which is male-less, (3) which is devoid of the Veda, (4) members of which are woolly and subject to (5) piles, (6) phthisis, (7) dyspepsia, (8) epilepsy, (9) leucoderma, and (10) leprosy. — (7)

 

Medhātithi’s commentary (manubhāṣya):

‘That in which the sacred rites’ — the natal and other sacraments — ‘have been abandoned’ — neglected; i.e., in which the consecratory rites as also the compulsory ‘Five Sacrifices,’ etc., are not performed.

‘Male-less’ — productive of females; i.e., in which, aṣa rule, only female, not male, children are born;

‘Devoid of the Veda’ — destitute of Vedic study.

‘Romaśārśasam’ — This copulative compound mentions two kinds of families. ‘Romasha,’ ‘woolly,’ — i.e. the members of which have their arms and limbs covered with much and long hair. ‘Piles’ — fleshy protuberances in the anus, which being a disease, are extremely painful.

‘Phthisis’ — the disease of consumption.

‘Dyspepsia’ — slow-digestion: by which the food eaten is not properly digested.

‘Epilepsy’ — leading to loss of memory and other cognate troubles.

‘Leucoderma’ — white spots on the body, with holes.

‘Leprosy’ — is well-known.

All these words — beginning with ‘romasha’ — are names of particular diseases, and are to be taken as ending in possessive affixes.

Older commentators have explained that the prohibition. herein contained is based entirely upon ordinary visible considerations: As a matter of fact, bipeds inherit the peculiarities of their mother’s families; hence, children born of mothers belonging to families that have ‘abandoned the sacred rites,’ etc., etc, would be prone to the same defects;

and diseases ace apt to be infectious; works on medicine having declared that ‘all diseases, with the sole exception of’ Diarrhoea, are infectious.’ — (7)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 588), where ‘hīnakriyam’ is explained as ‘devoid of the performance of such acts as the sacrifice and the like;’ — ‘Niṣpuruṣam’ as ‘that in which females are the sole survivors — ‘niśchandaḥ’ as ‘devoid of Vedic study;’ — also in Parāśaramādhava (Ācāra, p. 477), which has exactly the same explanation of precisely the same words.

Aparārka (p. 84) quotes this along with the preceding verse; — and adds the following explanations: — ‘Hīnakriyam’ means ‘devoid of the proper performance of the Conception and other Sacramental Rites,’ — ‘Niṣpuruṣam’ means ‘a family in which girls alone are born,’ — ‘Niśchandaḥ’ is ‘devoid of Vedic study,’ — ‘lomasham’ is ‘that members whereof have their body covered with inordinately prominent hairs,’ — and ‘arshasam’ means ‘suffering from piles.’ — It is quoted in Smṛticandrikā (Saṃskāra, p. 204) which adds the following explanations: — ‘Hīnakriyam,’ not engaged in the performance of sacrifices and other religious acts; — ‘Niṣpuruṣam,’ without a male master — ‘Niśchandaḥ’ devoid of Vedic learning — ‘romasham,’ hairy, — ‘arshasam’, suffering from the particular disease, piles, — all these qualifications pertain to the children of the family; — and in Saṃskāra-ratnamālā (p. 508), which has the following notes; — ‘Hīnakriyam’, not performing the prescribed duties, i.e., not avoiding prohibited acts, — ‘Niṣpuruṣam’, devoid of male progeny, — ‘arshasam’ family in which the disease runs hereditary.

 

Comparative notes by various authors:

(verses 6-7)

See Comparative notes for Verse 3.6.

 

 

VERSE 3.8

Section III - Marriageable Girls

 

नोद्वहेत् कपिलां कन्यां नाधिकाङ्गीं न रोगिणीम् ।
नालोमिकां नातिलोमां न वाचाटां न पिङ्गलाम् ॥८॥

nodvahet kapilāṃ kanyāṃ nādhikāṅgīṃ na rogiṇīm |
nālomikāṃ nātilomāṃ na vācāṭāṃ na piṅgalām ||8||

 

He should hot marry a maiden with tawny hair, nor one with superfluous limbs, nor one who has disease, nor one who has either no hair or too much hair, nor one who is garrulous, nor one with reddish eyes. — (8)

 

Medhātithi’s commentary (manubhāṣya):

The prohibition in the preceding verse was with regard to the family of the bride; while that in the present verse pertains to her body.

The girl whose hairs are of either tawny or golden colour is called ‘kapilā.’

‘With superfluous limbs’ — e.g., having six fingers.

‘Who has disease’ — who is suffering from many diseases, or is overtaken by some incurable disease; — the possessive affix having the sense of many or Of permanence.

‘Who has no hair’ — ‘loman’ — standing for hairs in general also. What the present qualification has in view, however, is the entire absence of hair in the arm-pits and between the thighs.

‘Garrulous’ — who talks much and disagreeably, when it is necessary to speak very little.

‘With reddish eyes’ — Whose eyes are red, on account of some disease. — (8)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 731) in support of the view that one should not many a girl with defects; — it explains ‘vācāṭā’ as ‘garrulous’ and ‘piṅgalā’ as ‘with reddish eyes.’

Smṛtitattva (II, p. 149) quotes it and adds that the defects here described do not deprive the girl, if married, of the character of the ‘lawful wife,’ as visible (physical) defects can mean only physical disabilties, and cannot affect the nonphysical spiritual or moral character of anything.

The verse is quoted also in Vīramitrodaya (Lakṣaṇa, p. 120), where ‘rogiṇī’ is explained as ‘suffering from epilepsy and such diseases,’ and ‘vācāṭām’ ‘as one who talks much of improper things,’ — and not simply as ‘garrulous’, which is the explanation of the same author in another place [Saṃskāra-prakāśa, p. 731, see first note above]; — also in Aparārka (p. 78) to the effect that one should not many a girl who is not endowed with the proper marks; — in Saṃskāramayūkha (p. 74); — in Saṃskāraratnamālā (p. 510), which explains ‘kapilām’, as ‘of the colour of red lice,’ and ‘piṅgalā’ as ‘of the colour of fire:’ — in Smṛticandrikā (Saṃskāra, p. 200), which explains ‘vācāṭā’ as ‘garrulous,’ and piṅgalā’ as ‘with tawny eyes;’ — and in Nṛsiṃhaprasāda (Saṃskāra, p. 50a).

 

Comparative notes by various authors:

(verses 3.8-9)

Viṣṇu (24.12-16).Not one who is diseased or with excessive limbs; or with deficient limbs; nor one who is too pale, or too talkative.’

Yājñavalkya (1. 3). — ‘One who is free from disease and has a brother.’

Laghu-Śātātapa (34). — [Reproduces Manu.]

Yama (Vīramitrodaya-Saṃskāra, p. 731). — ‘Too hort (short?), too tall, too thin, too fat, with tawny eyes, too pale, — such girls should not he accepted.’

Viṣṇu-purāṇa (Vīramitrodaya-Saṃskāra, p. 731). — ‘The wise man shall not marry a girl who hears signs of a beard, who has a masculine appearance, whose voice is cracked, who speaks insinuatingly, whose voice is like the crow’s, who looks on without, winking, whose eyes arc defective; — he shall not marry her whose thighs arc hairy, whose ankles are high, in whose, cheeks there are dimples; — he shall, not marry a girl whose skin is rough, who is pale, who is diseased, or with red eyes, or with lean hands and feet, — or one who is dwarfish, or too tall, or one whose eye-brows arc joined: nor one whose teeth have many holes, nor one with a frightful face.’

Āpastamba (Vīramitrodaya-Sarṃskāra, p. 532). — ‘One named after an asterism, or after a river, or after a tree is not commended; one should avoid one whose name contains the consonants r or l or gh or jh or ḍh or ḍh or bh.’

Yama (Vīramitrodaya-Satṃskāra) — ‘In selecting a wife one should avoid one named after a Veda, or a river, or a mountain or a Gandharva, or an asterism, or a tree, or a creeper.’

 

 

VERSE 3.9

Section III - Marriageable Girls

 

नऋक्षवृक्षनदीनाम्नीं नान्त्यपर्वतनामिकाम् ।
न पक्ष्यहिप्रेष्यनाम्नीं न च भीषणनामिकाम् ॥९॥

naṛkṣavṛkṣanadīnāmnīṃ nāntyaparvatanāmikām |
na pakṣyahipreṣyanāmnīṃ na ca bhīṣaṇanāmikām ||9||

 

Nor one bearing the name of an asterism, or a tree, or a river; nob one having her hame after a low caste or a mountain; nor one named after a bird, a serpent or a slave; nor one with a hame inspiring terror. — (9)

 

Medhātithi’s commentary (manubhāṣya):

‘Asterism’ is constellation; one who bears the name of one of these; such as ‘Ārdrā,’ ‘Jyeṣṭhā,’ and the like.

‘Bearing the name of a tree’ — such as ‘Śiṃśapā,’ ‘Āmalakī,’ and so forth.

‘River’ — the Gaṅgā and the Yamunā; she who bears these names.

The term “ṛkṣavṛkṣanadī” is to be expounded as a copulative compound; which with the following term ‘nāman’ forms a genitive Tatpuruṣa compound; and these, along with the term ‘nāman’ repeated, form a Bahuvrīhi compound; the repeated term ‘nāman’ being dropped.

‘Having her name after a low caste’ — such as ‘Barbarī’

‘Śabarī’ and the like.

‘Mountains’ — such as the Vindhyā, the Himalaya, and the rest.

This compound (‘parvatanāmikām’) also is to be expounded as the former; and has the ‘ka’ affix added to it.

‘Named after a bird’ — snch as ‘Śukī’ ‘Sārikā,’ and the like.

‘Serpent,’ snake; one who is named after it; such as ‘Vyālī,’ ‘Bhujaṅgī.’

‘Slave’ — such names as ‘Dāsī,’ ‘Bālī.’

‘Inspiring terror’ — that which causes fear; such as Ḍākinī,’ ‘Rākṣasī.’

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 732), where ‘ṛkṣa’ is explained as ‘asterism;’ — and ‘antya’ as ‘mleccha;’ — in Smṛtitattva (II, p. 149) to the same effect as the preceding verse;’ — in Vīramitrodaya (Lakṣaṇa, p. 120), where ‘antya’ is explained as ‘antyaja,’ i.e., cāṇḍāla; — in Aparārka (p. 78) as indicating the unmarriageability of girls with the wrong type of names; — in Samkāramayūkha (p. 74); — in Saṃskāraratnamālā (p. 510), which explains ‘antya’ as bearing a Mleccha name; — in Smṛticandrikā (Saṃskāra, p. 201), which explains ‘ṛkṣa’ as ‘nakṣatra,’ ‘antya’ as ‘mleccha,’ and ‘bhīṣaṇā’ as terrifying; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 50a).

 

Comparative notes by various authors:

(verses 3.8-9)

See Comparative notes for Verse 3.8.

 

 

VERSE 3.10

Section III - Marriageable Girls

 

अव्यङ्गाङ्गीं सौम्यनाम्नीं हंसवारणगामिनीम् ।
तनुलोमकेशदशनां मृद्वङ्गीमुद्वहेत् स्त्रियम् ॥१०॥

avyaṅgāṅgīṃ saumyanāmnīṃ haṃsavāraṇagāminīm |
tanulomakeśadaśanāṃ mṛdvaṅgīmudvahet striyam ||10||

 

One should marry a female with a faultless body, bearing an agreeable name, having her gait like that of the swan or the elephant, having fine hair on the body and the head, and fine teeth, and with tender limbs. — (10)

 

Medhātithi’s commentary (manubhāṣya):

One whose body is free from defects is called ‘avyaṅgāṅgī;’ the term ‘avyaṇga’ standing for freedom from defects; just like such other words as ‘pravīṇa,’ ‘udāra,’ and the rest. Since the term ‘avyaṅga,’ etymologically, means ‘free from defects in the limbs,’ the second ‘aṇga’ must be taken as standing for the whole body; hence the epithet ‘avyatiya’ denotes fulness or comeliness of the bodily form.

‘Saumya,’ ‘agreeable’ — it has been laid down in this book that the names of women should be sweet-sounding and easy to pronounce.

She who moves like the swan or the elephant. That is, one whose gait is as elegant and languid as that of the swan or the elephant.

The term ‘tanu,’ ‘fine,’ here does not stand for ‘small;’ it means moderate. Just as the girl who is neither fat nor leau is called ‘tanvaṅgī,’ ‘one with a fine body.’

‘Mṛdvaṇgī is one whose limbs are tender, not hard or rough.

Such a female ‘one should marry.’ ‘Female’ here must be taken to stand for the maiden, as it is the maiden that is being spoken of in the context.

“If that is so (if this verse also refers to the maiden), then the prohibition contained in verse 8 regarding ‘one who has no hair, &c.,’ is superfluous; as the positive injunction, contained in the present verse, implies that ‘one who is not as here described should not be married.’”

True, that is so; the same fact when stated by means of two verses — affirmatively in one and negatively in the other — becomes clearly understood.

In the present context, the term ‘maiden’ is used in the sense of a woman who has not experienced sexual intercourse. Says Vaśiṣṭha — ‘One should acquire a wife who has had no sexual intercourse and who is similar to himself.’ But one who has been ‘consecrated’ (by marriage) by one man is no longer capable of being ‘consecrated’ by another; as there can be no doing of what has been already done. So that, if a girl has been married, and her husband goes away before she has had intercourse with him, — if she happens to be a loose woman, she cannot be married to another person, even though she is still a ‘maiden’ (in the technical sense); and it is such a maiden that is mentioned in the words of Vaśiṣṭha quoted above. In another work also it is said — ‘One should marry a female, never before married by another person, who is younger than himself and has brothers’ (Yājñavalkya, Ācāra 52). — (10)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 731) as setting forth the external signs of a marriageable girl; — also in Vīramitrodaya (Lakṣaṇa, p. 118) to the same effect; — and in Madanapārijāta (p. 132) as setting forth the external signs; and for the internal signs it refers to Āśvalāyana who has prescribed the following method; — eight balls should be made of clay brought from eight different places, and after some incantations have been uttered over them, the girl should be asked to pick up one of them; (1) if she picks up that made of clay from fields with rich corn growing, it is a sign that she would have progeny rich in grains; (2) if she picks up that of clay brought from the cattle-shed, she will be rich in cattle; (3) if that of clay from the altar, she will be an expounder of Brahman; — (4) if that of clay from a lake that is never dry, she will be endowed with all riches; (5) if that from the gambling den, she will be crafty; — (6) if that from the road-crossing, she will be inclined to wander about; (7) if that from barren soil, she will be unlucky; (8) and if that from the crematoriuûi, she will destroy her husband.

This verse is quoted in Aparārka (p. 78); — in Saṃskāramayūkha (p. 74) as laying down the external signs of a marriageable girl; — in Saṃskāraratnamālā (p. 509) which explains ‘tanulomakeśadaśanā’ as ‘one the hair on whose chest is scanty, and whose hair and teeth are fine’; — in Smṛticandrikā (Saṃskāra, p. 200); — and in Nṛsiṃha-prasāda (Saṃskāra, p. 50a).

‘Putrikādharmaśaṅkayā’ — ‘For fear of her having the character of the Appointed Daughter’ (Medhātithi); — ‘For fear (in the former case) of her being an Appointed Daughter, and (in the latter) of committing a sin’ (Kullūka, Nārāyaṇa, Rāghavānanda, and ‘others’ in Medhātithi). Govindarāja adopts Medhātithi’s explanation so far as this phrase is concerned; but he gives a somewhat different explanation of the first half of the verse, which according to him, would mean ‘one should not marry a girl who has no brother, or whose father is not known’, — the two contingencies being independent; while according to Medhātithi, the second clause (‘whose father is not known’) is subordinate to the former, — the meaning being that the doubt regarding the girl being an ‘appointed daughter’ would arise if there were no brother, and if the father were not known; for he adds “if the father is known, there is no fear of the girl being an Appointed Daughter, as he will himself declare whether or not she has been ‘appointed’.”

According to Medhātithi, therefore, in the translation of the verse, we should have ‘and’ instead of ‘or’.

This verse is quoted in Parāśaramādhava (Ācāra, p. 474), which adds the following notes: — He shall not many a girl with regard to whom it is not known whether or not her father has the intention of making her an ‘appointed daughter;’ — the sense is that where there is no fear of this, one may marry the girl, even though she has no brother. The clause ‘na vijñāyeta vā pitā’ (which, according to this explanation, means ‘the intentions of whose father are not known’) implies that it is possible for the daughter to be ‘appointed’ even without the Father making an agreement to that effect with the bridegroom; — in Saṃskāramayūkha (p. 82), which adds that this implies that the daughter can be ‘appointed,’ even without express agreement and declaration.

The verse is quoted also in Vīramitrodaya (Saṃskāra, p. 746), where it is explained as meaning that ‘one should not marry a girl with regard to whose father it is not known whether or not he has the intention of making her an Appointed Daughter’; and it adds that it is shown by this that according to all the sages a daughter can become ‘appointed’ even without being openly declared to be so; — and in Saṃskāraratnamālā (p. 414), which explains the meaning to be that one should not marry the girl with regard to whom it is not known if her father intends to ‘appoint’ her; and adds the same note as Saṃskāramayūkha.

Madanapārijāta (p. 136) quotes this verse and reproduces the same explanation as above, and deduces the conclusion that ‘one should marry the girl in whose case there is no fear of this.’

Vidhānapārijāta (p. 699) quotes the verse and adds that ‘in a case where there is no fear of the father having an intention of making the girl an Appointed Daughter, one may marry the girl, even though she may have no brother.’

This verse is quoted in Aparārka (p. 80) as indicating that it is possible for a daughter to be ‘appointed’ secretly; without her being married under that expressed agreement; — and in Smṛticandrikā (Saṃskāra p. 181), which adds the same note as Saṃskāraratnamālā.

 

Comparative notes by various authors:

Laghu-Āśvalāyana (15. 2). — ‘After due examination, ho shall select a girl who is horn of a good family, has a pleasing face, nice limbs, nice clothes and of agreeable looks, who has beautiful eyes and is handsome.’

Śātātapa. (Vīramitrodaya-Saṃskāra, p. 731). — ‘One shall select a girl who has the voice of the swan, complexion like the clouds and eyes of the tawny colour of honey.’

Āpastamba (Vīramitrodaya-Saṃskāra). — ‘One shall marry a girl who has relations, good character, and auspicious marks, and who is free from disease.’

 

 

VERSE 3.11

Section III - Marriageable Girls

 

यस्यास्तु न भवेद् भ्राता न विज्ञायेत वा पिता ।
नौपयच्छेत तां प्राज्ञः पुत्रिकाऽधर्मशङ्कया ॥११॥

yasyāstu na bhaved bhrātā na vijñāyeta vā pitā |
naupayaccheta tāṃ prājñaḥ putrikā'dharmaśaṅkayā ||11||

 

The wise man shall not mabry one who has no brother, or whose father is not known; for fear of her having the character of the “appointed daughter.” — (11)

 

Medhātithi’s commentary (manubhāṣya):

She who has no brother, — such a girl one should not marry, — ‘for fear of her having, the character of the appointed daughter;’ i.e., by reason of her being an ‘appointed daughter;’ i.e., by reason of there being the doubt that the girl’s father might have performed those rites that would have made her an ‘appointed daughter.’

“Why should such a doubt arise at all?”

Such a doubt would arise if the girl’s father is not known, having died or having gone away to a foreign country. Under such circumstances, the girl is given away in marriage either by her mother or by other members of her father’s family. Since it is laid down that when the girl has reached the marriageable age, if her father happen to be absent, she shall be given away in marriage by the said relations.’ The exact rule on this point we shall quote later on. If the father is known, however, there is no fear of the girl being an ‘appointed daughter as he will himself declare whether or not she has been ‘appointed.’

‘Or’ in the text should be taken in the sense of ‘if;’ the sense being that ‘if the father is not known, the girl should not be married.’

Others have taken the two clauses as formulating two independent prohibitions: (a) ‘If the father is not known’ — i.e., if it is not known from whom she is born; this being a prohibition of marrying the girl of unknown parentage; — and (b) the next prohibition is to be construed as ‘one should not marry the girl who has no brother, for fear of her being an appointed daughter.’ They further point out that the latter phrase, ‘for fear of her being an appointed daughter,’ cannot be construed with the clause, ‘if her father is not known.’

In the whole of this section on Marriage, wherever the prohibition is not based upon grounds that are not perceptible — e.g., ‘one should marry a maiden who is not his father’s sapiṇḍa,’ etc., (when the grounds of interdiction are trascendental, not perceptible, as in the case of the prohibition of marriage with a diseased girl, etc.), — if the prohibition is disobeyed, the ‘marriage’ itself remains unaccomplished. Hence, if one happens to marry a girl belonging to the same gotra as himself, the marriage, even though performed, would be as good as not performed; and this for the simple reason that the character of ‘marriage’ is determined by scriptural injunction, — just like the character of the ‘Fire-laying’ rite; and, hence, a transgression of the injunction means the non-accomplishment of -the Rite. In the case of Fire-laying, it is found that if there is omission of any subsidiary detail, the Āhavanīya’ and other ‘Fires’ are not accomplished; similarly, a girl that belongs to the same ‘gotra’ as a man can never become the ‘wife’ of that man. Hence it has been ordained that such a girl, even though she may have gone through the sacramental rites, shall be given up. Further, in connection with such marriages, Vaśiṣṭha and other revered writers have prescribed specie lexpiratory rites. Even though, in reality, what each a marriage involves is only a discrepancy in the Rite caused by the transgression of one of the interdictions relating to a subsidiary detail, — and it does not involve any sin on the part of the man, — yet the Expiratory Rite has to be performed, in view of its being directly enjoined by the scriptures. Or, we may take it thus that what is prohibited is ‘intercourse’ with a girl of the same ‘gotra,’ and the Expiatory Rite relates to the series of acts perpetrated by the man (in the form of the marriage-ceremonies.)

As regards the prohibition of marriage with girls belonging to families that may have dropped the sacred rites and so forth, — it is based upon perceptible grounds; and, hence, when such girls are married, the ‘marriage’ is duly accomplished, the girl actually becomes the man’s ‘wife,’ and she shall not be given up. It is in view of this fact that in verse 6, we have the laudatory epithet ‘even though they be great,’ which draws a line of distinction between the two sets of prohibitions. Such also is the custom among all cultured people: they do occasionally marry girls ‘with tawny hair,’ etc., but never one that belongs to the same gotra. — (11)

 

Comparative notes by various authors:

Gautama (Parāśaramādhava, p. 474). — ‘According to some people the daughter becomes appointed by the mere intention of the father (to that effect); hence as there could always be a suspicion regarding this, one should not marry a girl who has no brother.’

 

Yājñavalkya (1.53). — ‘One who has a brother and is free from disease, etc.’

Laghu-Śātātapa (36). — [Reproduces Manu],

Likhita (51) — [Reproduces Manu].

Āśvalāyana (Vīramitrodaya-Saṃskāra, p. 531). — ‘One shall marry a girl who has her father, mother and brother and is endowed with all suitable qualities, etc., etc.’

 

 

VERSE 3.12

Section III - Marriageable Girls

 

सवर्णाऽग्रे द्विजातीनां प्रशस्ता दारकर्मणि ।
कामतस्तु प्रवृत्तानामिमाः स्युः क्रमशोऽवराः ॥१२॥

savarṇā'gre dvijātīnāṃ praśastā dārakarmaṇi |
kāmatastu pravṛttānāmimāḥ syuḥ kramaśo'varāḥ ||12||

 

For ‘twice-born men’ a girl of equal caste has been recommended for the first marriage-sacrament. For those, however, who take to it through mere desire, these (following) should be regarded as preferable in due order. — (12)

 

Medhātithi’s commentary (manubhāṣya):

In verse 4, we had the words ‘the twice-born person should take a wife,’ where the wife has been spoken of by means of a word ending in the Accusative, which makes the wife th e primary, and the marriage the secondary, object; and yet the singular number (in ‘wife’) is meant to be duly significant; since it forms part of the predicate of the sentence; just as we have in the case of the assertion, ‘he cuts the sacrificial post.’ In the case of a thing whose character is determined and known from other sources, — if such a thing happens to be referred to in connection with the Injunction of some other act, it is always understood to be referred to exactly in the form in which it has been known; e.g., in the case of the injunction, ‘wash the cup;’ and this for the simple reason that all ‘references’ are based upon wḥat is previously known. Thus, in connection with the ‘cups,’ their number is already known from such statements as ‘at the morning-extraction the Adhvaryu takes up ten cups;’ their use also is already known from the statement, ‘libations are poured with the cups;’ hence, in the subsequent statement, ‘wash the cup,’ no significance is attached to the singular number in the word ‘cup,’ — this statementbeing construed in connection with what is already known about it. In the present instance, on the other hand, the thing concerned — the ‘wife’ — is one whose character has not been determined anywhere else; in fact, it is only from the present text that we derive our knowledge of what the ‘wife’ is: hence, we understand it exactly as it is here described; so that due significance is to be attached to the number, just as much as to the basic noun itself. All this we shall discuss with detailed arguments under discourse V.

Thus then, due significance being attached to the (singular) number (in the word ‘wife,’ as used in verse 4), — if one happens to marry a second time, even though the marriage-rites might be duly performed, she does not become a ‘wife;’ just as when one Āhavanīya is already there, the second fire, even though duly kindled, does not become ‘Āhavanīya.’ But, under certain circumstances, the taking of a second wife is considered desirable; and it is in connection with this second marriage that we have the rules propounded in this and the following verses. It is in view of this that Gautama has said — ‘If one’s wife is endowed with virtue and offspring, one should not take another; in the event of failure on either of the two points, one may have another.’

‘Of equal caste,’ — i.e., of the same caste.

‘For the first,’ — first of all; i.e., for one who has not taken a wife from a different caste; ‘has been recommended.’

Having married a girl of his own caste, if the man finds that she does not inspire his love; or if the act of child-begetting is not fulfilled, — then there comes about the man’s desire for another wife; and then these — going to be mentioned below — ‘are to be regarded as preferable’ — superior — on the strength of the scriptures.

This, then, is an exception to the rule regarding having only one wife, as also to that of having a wife from one’s own caste.

Objection: — “The restriction appears to be upon the taking of a second wife from one’s own caste; as the plurality (of wives) does not appear to be sanctioned regarding girls of one’s own caste.”

Answer — All that the present text permits is the exceeding of the number ‘one.’ And, if what is sanctioned is the exceeding of it by means of marrying a girl of a different caste, — what is there that would prevent one’s marrying (again) a second girl of his own caste? It is for this reason that what Gautama has declared applies equally to all — ‘if there is failure in regard to either of the two, one may take another wife.’ In the following verse also we read, ‘she and one of his own caste,’ where also the second wife from one’s own caste is permitted. — (12).

 

Explanatory notes by Ganganath Jha:

This verse is quoted by Jīmūtavāhana (Dāyabhāga, p. 209); — and in Madanapārijāta (p. 143) as providing permissible substitutes for the proper ‘wife’; — it explains ‘avarāḥ’ (which it reads in place of ‘varāḥ’) as jaghanyāḥ, ‘lower’; — in Saṃskāramayūkha (p. 98), which adds the following notes: — There are three classes of Marriage — (1) for Dharma, (2) for offispring and (3) for physical pleasure; that for offspring is obligatory, and for this one should have a girl of the same caste as himself; and in that for Pleasure, or for avoiding the sin of not entering the second life-stage, one may have girls of other castes, even a Śūdra girl; in the former also, if no girl of the same caste is available, girls of other castes may be taken.

The first half of the verse is quoted in Vīramitrodaya (Saṃskāra, p. 747), which adds the following explanations: — The term ‘varṇa’ stands for caste; — ‘agre’ means the first marriage; — the term ‘dvijāti’ indicates also persons born of the Śūdra through mixed marriages, ‘natural’ as well as ‘inverse — ‘praśastā’ means that she is recommended as the first and best alternative for taking a wife for the purposes of (1) enjoyment, (2) begetting a son and (3) helping in religious acts (these three being ‘dārakarma’ the function of the wife).

This is quoted also in Parāśaramādhava (Ācāra, p. 493), where we have the following notes: — ‘Agre’ means ‘at the first marriage of the Accomplished Student.’; — ‘dārakarmaṇi’ — for the performance of the Agnihotra and other rites; — ‘Savarṇā’ — ‘she who has the same caste as the bridegroom’ is recommended; — i.e., the Brāhmaṇī for the Brāhmaṇa, the Kṣatriyā for the Kṣatriya and the Vaiśya for the Vaiśya. Having, for the sake of religious acts, married a girl of the same caste, if one is desirous of ha ving more wives for purposes of physical enjoyment, he may marry girls of lower castes (‘avarāḥ’) in due order; — and in Smṛticandrikā (Saṃskāra, p. 205), which says that the implication of the text is that after one has married a girl of the same caste, he may marry others of other castes also, but they will be less and less desirable in order; this means that for the sake of Dharma one should marry a girl of the same caste.

 

Comparative notes by various authors:

(verses 3.12-13)

Baudhāyana (1. 8. 2-5) — ‘For the Brāhmaṇa there are four wives, in the order of the castes; for the Kṣatriya, there are three; for the Vaiśya, two; for the Śūdra, one.’

Viṣṇu (21. 1-1). — [Same as above.]

Viṣṇu (Parāśaramādhava, p. 191). — ‘For the twice-born, the Śūdra wife can serve no spiritual purpose; the only purpose she can serve is that of lust and hence she has been permitted only for one who is blinded by lust.’

Yājñavalkya (1. 57). — ‘In the order of ṭhe castes, there are three wives for the Brāhmaṇa, two for the Kṣatriya and for tho Vaiśya; for the Śūdra, there is only the wife of the same caste.’

Vaśiṣṭha (1. 24-25). — ‘In the order of the castes, there are three wives for the Brāhmaṇa, two for the Kṣatriya, one each for the Vaiśya and the Śūdra; — according to some people, the Shíidra girl may also he married, but without mantras.’

Pāraśara (1.4. 8-1.1). — ‘For the Brāhmaṇa, there are three wives, in the order of the castes; — two for the Kṣatriya; — one for the Vaiśya; — for all, the Śūdra wife also, hut without mantras.’

Yama (Vīramitrodaya-Saṃskāra, p. 747,). — ‘For all men the first alternative is to have a wife of the same caste as oneself.’

Yama (Vīramitrodaya-Saṃskāra, p. 748). — ‘In the order of the castes, the Brāhmaṇa may have four wives; the Kṣatriya, three; the Vaiśya, two; the Śūdra, only one, the Śūdra.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, p. 748). — ‘In the event of his not obtaining a girl of the same caste as himself, the Brāhmaṇa may beget, a son on a Kṣatriya wife, or on a Vaiśya wife, or according to some, on a Śūdra wife.’

Nārada (Vīramitrodaya-Saṃskāra, p. 748). — ‘Apart from the Brāhmaṇa wife, there are three wives, in the descending order of the castes; for the Śūdra girl, there are (apart from the Śūdra husband), three husbands in the ascending order of the castes; for the Kṣatriya there are two wives, in addition to the one of his own caste; for the Vaiśya only one; for the Vaiśya girl there are two husbands and for the Kṣatriya, one only — in addition to that of her own caste.’

 

 

VERSE 3.13

Section III - Marriageable Girls

 

शूद्रैव भार्या शूद्रस्य सा च स्वा च विशः स्मृते ।
ते च स्वा चैव राज्ञश्च ताश्च स्वा चाग्रजन्मनः ॥१३॥

śūdraiva bhāryā śūdrasya sā ca svā ca viśaḥ smṛte |
te ca svā caiva rājñaśca tāśca svā cāgrajanmanaḥ ||13||

 

For the Śūdra, the Śūdra girl. alone has been ordained to be the wife; for the Vaiśya, she as also the girl of his own caste; for the Kṣatriya, those two as also the girl of his own caste; and for the Brāhmaṇa those three as also the girl of his own caste — (13).

 

Medhātithi’s commentary (manubhāṣya):

There being a distinction of castes, ‘one’s own caste’ constitutes the (upward) limit. Just as for the Brāhmaṇa, there are Kṣatriya and other wives, so it would seem as if for the Śūdra also there would be wives belonging to the lower orders of ‘washer-woman and carpenter.’ In order to preclude this possibility, the text lays down the restriction that the Śūdra can have a wife from his own caste only. A wife of the higher caste is precluded by the qualifying phrase, ‘in due order,’ in the preceding verse.

‘She’ — i.e., the Śūdra woman — ‘and girl of his own caste’ — i.e., the Vaiśya woman — ‘for the Vaiśya.’

‘Those two’ — the Vaiśya woman and the Śūdra woman, — ‘and the girl of his own caste’ — ‘for the Kṣatriya.’

Similarly, ‘for the Brāhmaṇa.’

The right order would appear to be that the verse should begin with the ‘Brāhmaṇa,’ but it begins with the ‘Śūdra’ which only goes to lend strength to the aforesaid notion (that a wife of the higher class is not permitted).

In this connection, it has been declared that ‘what is meant by the text is that there should be option in order, and not a combination of all (the several kinds of wives).’ — (13)

 

Explanatory notes by Ganganath Jha:

Hopkins compares this with the Mahābhārata 13, 47. 8.

This verse is quoted in Parāśaramādhava (Ācāra, p. 404) as an amplification of what has been declared in the latter half of the preceding verse; — in Vīramitrodaya (Saṃskāra, p. 740) along with the preceding verse; and in Aparārka, (p. 88), which adds that what is stated hero is permissible only in the case of people moved by lust, and not of those who are subject to righteousness; so that these are to be regarded as ‘inferior — ‘Kramaśaḥ’ (verse 12) in due order, not in any topsy-turvy ‘order — in Smṛtikaumudī (p. 3), which observes that the eva in ‘śūdraiva’ is meant to preclude marriage of the ‘inverse’ order; — i.e., where the bridegroom’s caste is lower than that of the bride; — and in Smṛticandrikā (Saṃskāra, p. 206), which adds that this pertains to marriage for pleasure’s sake.

 

Comparative notes by various authors:

(verses 3.12-13)

See Comparative notes for Verse 3.12.

 

Comparative notes by various authors:

(verses 3.13-19)

Vaśiṣṭha (1. 27). — ‘By doing this, degradation of family is certain, and after death, fall from heaven.’

Vaśiṣṭha (14. 5). — ‘The Devas eat not in the house of the Brāhmaṇa-husband of a Śūdra wife.’

Yājñavalkya (1. 56). — ‘The view that has been held, that the Twice-born may take a Śūdra wife, — this I do not accept; because the man himself is born in his wife.’

Śaṅkha (4. 9). — ‘By the twice-born, the Śūdra girl shall not be made a wife, even in times of distress; there is no salvation for him as born of her. Those twice-born persons among whose Sapiṇḍa descendants, a Śūdra-born person comes in, — all become Śūdras themselves, even though they may have attained heaven. For these reasons, he shall always avoid the taking of a Śūdra wife.’

Viṣṇu (26. 26). — (Reproduces Manu 15.)

Viṣṇu (26. 25). — ‘For the twice-born person, a Śūdra wife can never serve any religious purpose; she may be taken sometimes only for the purpose of pleasure.’

Viṣṇu (46. 7). — (Reproduces Manu 18)

Baudhāyana (2. 1. 41). — ‘Begetting children on a Śūdra wife, etc., etc....... lead to degradation.’

Vṛddha Yama (3. 13). — ‘If the Brāhmaṇa, infatuated with pride, marries a low-caste wife, he commits the sin of Brāhmaṇa-killing day after day’ [then it reproduces Manu 19].

Yama (Vīramitrodaya-Saṃskāra, p. 750). — ‘If the Brāhmaṇa has intercourse with a Śūdra woman, he remains impure for three days; if he begets a child on her, he falls off from Brāhmaṇa-hood.’

Hārīta (Do.). — ‘The Brāhmaṇa having recourse to ṭhe Śūdra woman immediately goes downward; if he has a child by her, he becomes fallen.’

Hārīta (Do., p. 751). — ‘There is a doubt as to whether or not the Brāhmaṇa becomes degraded by begetting children on wives of lower castes. There can be no such in regard to Kṣatriya or Vaiśya wives. But he who begets a child on the Śūdra certainly becomes degraded.’

Uśanas (Do., p. 751). — ‘There may be expiation for the wine-drinker, or even for the Brāhmaṇa-murderer; there is none for one who has begotten a child on a Śūdra wife......... Some people say that the Brāhmaṇa-husband of a Śūdra girl becomes degraded; according to others, he does not become degraded, because of the assertion that the Brāhmaṇa may have four wives in due order of the four castes.’

Bhaviṣya-purāṇa (Do.). — ‘Atri became degraded by leading a Śūdra girl to the altar; Utathya became degraded by begetting a son on the Śūdra; Śaunaka became a Śūdra by having a grandson born from a Śūdra; similarly Bhṛgu and others also became degraded.’

Brahma-purāṇa (Do., p. 752). — ‘The Brāhmaṇa shall never marry the Kṣatriya, the Vaiśya or the Śūdra girl; but after having married a Brāhmaṇa-girl, he may afterwards marry the others, but only under certain circumstances.’

Mahābhārata (Āśvamedhika-Parāśaramādhava, p. 495). — ‘When the semen falls into the womb of the Śūdra woman, it gives out a loud wail of grief saying “I am, fallen into an ordure-pit; this man, blinded by sinful lust, is casting me downwards, may he himself quickly fall down into the lowest state;” — having thus cursed the man, it falls down.’

Mahābhārata (Anuśāsana-Parāśaramādhava, p. 496). — ‘The good do not commend the begetting of children on a Śūdra wife; some people have declared that even for purposes of enjoyment, one shall not have recourse to a Śūdra girl.’

Smṛtyantara (Do., p. 496). — ‘The marrying of a girl of a different caste......... should be avoided during the Kali age.’

 

 

VERSE 3.14

Section III - Marriageable Girls

 

न ब्राह्मणक्षत्रिययोरापद्यपि हि तिष्ठतोः ।
कस्मिंश्चिदपि वृत्तान्ते शूद्रा भार्यौपदिश्यते ॥१४॥

na brāhmaṇakṣatriyayorāpadyapi hi tiṣṭhatoḥ |
kasmiṃścidapi vṛttānte śūdrā bhāryaupadiśyate ||14||

 

Under no circumstance whatsoever has a Śūdra wife been ordained for the Brāhmaṇa and the Kṣatriya, — even though these be placed in peril. — (14)

 

Medhātithi’s commentary (manubhāṣya):

Even when the Śūdra girl is extremely handsome, and the Brāhmaṇa or Kṣatriya bridegroom is in the ‘tenth stage’ of his life, — he should never marry the Śūdra girl.

On this point, a descriptive phrase is added — ‘under no circumstance whatsoever’ — i.e., in no story at all — ‘has been ordained’ — described.

‘In peril’ — Even in the greatest distress.

In the preceding verse, the Śūdra wife has been permitted, and here she is prohibited. Hence there should be option.

“Option is permissible only when there is possibility of the two courses being adopted at one and the same time, and both courses are equally sanctioned by scriptural injunctions; and it cannot be permitted when a course of action is open to one only under the influence of passion, while it is prohibited by scripture. In the case in question, the taking of a Śūdra wife is not sanctioned by scripture, it is possible only under the influence of passion; and all that the foregoing verse means is that the marriage of a Śūdra girl under the influence of passion is not entirely prohibited; the prohibition, on the other hand (contained in the present verse), is purely scriptural. Hence the conclusion is that the Śūdra girl should not be married at all. It is in view of this that Yājñavalkya (Ācāra, 56) has declared. — ‘It is said that twice-born persons may take Śūdra wives; but that is not my opinion.”’

Our answer to the above is as follows: — In all cases, option is admitted only in view of the likely futility of the injunction (of one or the other coarse of action). If the Śūdra-wife were absolutely prohibited, then the Kṣatriya and Vaiśya girls alone would have been mentioned as permitted (to the Brāhmaṇa) in times of peril; and in that case, the counter-exception (mentioned in 13), as also the prohibition (contained in 14), would both be superfluous; as the marrying of the girl of one’s own caste would have been already secured by the restrictive rule. Thus, then, since there is a clear incompatibility between the sanction (in 13) and the prohibition (in 14), the two should be regarded as optional alternatives.

“The presence of an option means that the agent may do what he likes; and, as the marrying of the Śūdra girl (if one wishes to do so) would be already secured by the counter-exception (in 13), there would be no need for putting forward the prohibition (in 14) [as the not-marrying of the Śūdra girl is already deduced, from the general rule of marrying within one’s own caste].”

But the marrying of the Śūdra girl has not been left entirely to the wish of the agent, in the way in which the marrying of Kṣatriya and Vaiśya girls has been; in fact, it has not been permitted, except in times of very great distress.

From all this the following conclusion appears the right one to adopt: — The general rule regarding marrying a girl of one’s own caste having already indicated, by implication, the impropriety of marrying girls of other castes, — that the Śūdra girl should have been prohibited again (in 14), already shows that the rule regarding not marrying girls of other castes is not absolute; and since this rule is not absolute, it follows that in times of difficulty, or in the event of not finding a girl of his own caste, while the Śūdra girl shall never be married, those of the other two castes may be married. — (14).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 495) as countenancing the view that it is better by far that the Brāhmaṇa and the Kṣatriya should avoid a Śūdra wife altogether, even though he he overpowered by lust; — in Madanapārijāta (p. 144), where the prohibition herein contained is explained as referring to the first, marriage; — and ‘āpat’ is explained as ‘the contingency of not finding a girl of the same caste’; — and it adds, on the strength of the next verse, that what is here said is applicable to the Vaiśya also.

Vīramitrodaya (Saṃskāra, p. 749) quotes the verse and explains ‘vṛttante’ as ‘in a story.’

It is quoted in Aparārka (p. 87), which adds that though the verse mentions only the ‘Brāhmaṇa and the Kṣatriya’ it does not mean that it is permissible for the Vaiśya; all thaí is meant is that for the two higher castes it is specially reprehensible; — and in Smṛticandrikā (Saṃskāra, p. 205), which says that this prohibition is meant for the first marriage, as is clear from the foregoing verses.

 

Comparative notes by various authors:

(verses 3.13-19)

See Comparative notes for Verse 3.13.

 

 

VERSE 3.15

Section III - Marriageable Girls

 

हीनजातिस्त्रियं मोहादुद्वहन्तो द्विजातयः ।
कुलान्येव नयन्त्याशु ससन्तानानि शूद्रताम् ॥१५॥

hīnajātistriyaṃ mohādudvahanto dvijātayaḥ |
kulānyeva nayantyāśu sasantānāni śūdratām ||15||

 

Twice-born men, marrying, through infatuation, a girl of the low caste, quickly reduce their families, along with their offspring, to the position of the Śūdra. — (15).

 

Medhātithi’s commentary (manubhāṣya):

This is a deprecatory exhortation, supplementing the foregoing prohibition.

‘Of the lout caste’ — i.e., of the Śūdra caste; the Śūdra girl being the subject of consideration; and further, because the statement ends with the assertion that the families along with offspring are reduced to the position of the Śūdra.

‘The twice-born men, through infatuation’ — i.e., on account of folly arising from greed for wealth, or from lust, — ‘reduce their families to the position of the Śūdra.’ That is, sons born of that wife become Śūdras, and so also grandsons and great-grandsons descended from them. Hence, it is added — ‘along with their offspring’ — the term ‘offspring’ standing for the line of descendants, consisting of sons, grandsons, &c. — (15).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 495) its prohibiting the marrying of a Śūdra wife by the twice-born; — in Vīramitrodaya (Saṃskāra, p. 750); — and in Aparārka (p. 87).

 

Comparative notes by various authors:

(verses 3.13-19)

See Comparative notes for Verse 3.13.

 

 

VERSE 3.16

Section III - Marriageable Girls

 

शूद्रावेदी पतत्यत्रेरुतथ्यतनयस्य च ।
शौनकस्य सुतोत्पत्त्या तदपत्यतया भृगोः ॥१६॥

śūdrāvedī patatyatrerutathyatanayasya ca |
śaunakasya sutotpattyā tadapatyatayā bhṛgoḥ ||16||

 

One who marries a Śūdra girl becomes an outcastk, — according to atri and to the son of Utathya; according to Śaunaka, by the birth of a son; and according to Bhṛgu, by having children from her (alone). — (16).

 

Medhātithi’s commentary (manubhāṣya):

‘Śūdrāvedi’ is one who acquires — i.e., marries — a Śūdra girl.

‘Becomes an outcasts’ — i.e., as good as an outcaste.

Such is the opinion of Atri, and of Utathya’s son. The authorities have been mentioned with a view to inspire respect.

The first half of the verse is supplementary to the prohibition contained in the preceding verse.

‘According to Śaunaka, by the birth of a child.’ This is an entirely different rule. It presumes that marriage with a Śūdra girl is permitted, and then prohibits intercourse with her during her ‘courses’; ‘birth of a son’ is possible only by having intercourse on the even days of the woman’s period. Thus the meaning is that ‘one should not have intercourse with his Śūdra wife during her courses.’

‘According to Bhṛgu, by having children from her.’ This also is a distinct rule by itself. ‘Tadapalya’ is one who has only such children as. are born of his Śūdra wife; and the character of such a man is called ‘tadapatyatā.’ This is the opinion of Bhṛgu; which means that ‘after one has begotten children from wives of the more respectable castes, he may have intercourse with the Śūdra wife.’

The mention of ‘outcaste’ here is only meant to indicate degradation; it does not mean that the man is to be actually treated as an ‘outcaste,’ as described under 11.182. All this we shall explain later on. — (16).

 

Explanatory notes by Ganganath Jha:

According to Medhātithi, Govindarāja, Nandana and Rāghavānanda, the meaning of this verse is as translated. According to Nārāyaṇa’s explanation, the translation would read as follows (rendered by Buhler): — “A man of the family of Atri who weds a Śūdra female, becomes an outcaste; one of the race of Utathya’s son, on the birth of a son; and one of Śaunaka’s or Bhṛgu’s race, by having no other but Śūdra offspring.’ Buhler adds — “It ought to be noted that, according to Kullūka alone, the three classes refer to Brāhmaṇas, Kṣatriyas and Vaiśyas respectively. Rāghavānanda particularly objects to the opinion.”

Burnell ??tes that the rule attributed here to Gautama (Utathya’s ???n) is not found in the Sūtras of Gautama, where we find only a general statement regarding the unlawful character of Śūdra offsprings of twice-born men. And Hopkins says the same thing in regard to the Smṛti of Atri.

This verse is quoted in Parāśaramādhava (Ācāra, p. 495); — and in Vīramitrodaya (Saṃskāra, p. 750); neither of which provides any explanation of this rather obscure verse; — in Aparārka (p. 88), which explains the meaning to be that “according to Atri and Gautama, the Brāhmaṇa marrying a Śūdra girl ‘falls’ by the mere act of marriage; according to Śaunaka, by begetting a son on her; and according to Bhṛgu, when a grandson is born from her;” — in Prāyaścittaviveka (p. 361), which notes that this and the next verse are only meant to deprecate the marrying of a Śūdra girl, ‘in the improper order’; — and in Smṛti-candrikā (Saṃskāra, p. 208), which adds the following notes: — The Brāhmaṇa marrying a Śūdra girl becomes degraded, — this is the opinion of Atri and of the ‘son of Utathya,’ i.e. Gautama; — hence according to these authorities the Brāhmaṇa should never marry a Śūdra girl; — according to Śaunaka, however, degradation results, not from marrying, but from begetting a child on a Śūdra wife, — hence according to him, the man should avoid the Śūdra wife during the ‘periods — according to Bhṛgu again, even the begetting of a child does not lead to degradation, what leads to it is the circumstance that the Brāhmaṇa has no children except those from his Śūdra wife, — so that according to Bhṛgu only so long as he has not got a child from his Brāhmaṇa wife shall the Brāhmaṇa avoid his Śūdra wife during the periods’.

 

Comparative notes by various authors:

(verses 3.13-19)

See Comparative notes for Verse 3.13.

 

 

VERSE 3.17

Section III - Marriageable Girls

 

शूद्रां शयनमारोप्य ब्राह्मणो यात्यधोगतिम् ।
जनयित्वा सुतं तस्यां ब्राह्मण्यादेव हीयते ॥१७॥

śūdrāṃ śayanamāropya brāhmaṇo yātyadhogatim |
janayitvā sutaṃ tasyāṃ brāhmaṇyādeva hīyate ||17||

 

Having placed a Śūdrā woman on his bed, the Brāhmaṇa goes to perdition; and having begotten a son by her, he falls from Brāhmaṇahood itself. — (17).

 

Medhātithi’s commentary (manubhāṣya):

This is a laudatory exaggeration.

If on the Śūdra wife he begets a son, he falls from Brāhmaṇahood itself i.e., the son becomes a non-Brāhmaṇa. This also is a deprecatory exaggeration.

‘Son’ — is in the masculine gender. So that (in the preceding verse also) the term ‘begetting of children,’ ‘sutotpattyā,’ should be taken to refer to the male child; even though in the compound the word can be taken both ways — either as ‘sutā’ in the Feminine, or as ‘suta’ in the Masculine. It is with this view that we have pointed out above that what is prohibited is intercourse with the woman on the even days of her ‘period’ (as it is only by intercourse on those days that a male child is born). — (17).

 

Explanatory notes by Ganganath Jha:

Hopkin’s remarks — “A significant alteration in the Mahābhārata 13.47.9 makes the last part of this verse read — ‘He is nevertheless purified by a ceremony known in law’.” — One fails to see what is ‘significant’ in this, when Hindu law bristles with expiatory ceremonies in connection with much more heinous offences than the marrying of a Śūdra wife.

This verse is quoted in Mitākṣarā (on 3.265, p. 1326) as meant to indicate the gravity of the offence, and as laying down the actual irrevocable loss of Brāhmaṇahood; — in Parāśaramādhava (Ācāra, p. 495) as prohibiting the marrying of the Śūdra by the twice-born; — in Vīramitrodaya (Saṃskāra, p. 750); — in Aparārka (p. 87); — in Prāyaścittaviveka (p. 361); — and in Smṛticandrikā (Saṃskāra, p. 208), which notes that what this forbids is the marrying and begetting of child on a Śūdra wife before a Brāhmaṇa wife.

 

Comparative notes by various authors:

(verses 3.13-19)

See Comparative notes for Verse 3.13.

 

 

VERSE 3.18

Section III - Marriageable Girls

 

दैवपित्र्यातिथेयानि तत्प्रधानानि यस्य तु ।
नाश्नन्ति पितृदेवास्तन्न च स्वर्गं स गच्छति ॥१८॥

daivapitryātitheyāni tatpradhānāni yasya tu |
nāśnanti pitṛdevāstanna ca svargaṃ sa gacchati ||18||

 

If the rites performed by one in honour of deities, Pitṛs and Guests are dominated by her (his Śūdra wife), then the Pitṛs and the Gods do not eat of them; and the man does not go to heaven. — (18)

 

Medhātithi’s commentary (manubhāṣya):

This prohibition pertains to all times.

Even if a Śūdra girl happens to be married, the rites, herein mentioned, should not be performed in a manner by which she might dominate them. That is to say, the Śūdra wife is not entitled to participate in the husband’s religious acts, in the manner in which wives of the three higher castes arc.

Since she is a ‘wife,’ it might be thought that she is so entitled; and it is in view of the possibility of such notion being entertained that we have the present prohibition. The meaning thus is that when one is going to spend his wealth over some religious act, he need not seek her consent, in the way he seeks that of his wives of the twice-born castes; in other cases, however — such as the expenses incurred for seeking prosperity and obtaining pleasure, — she is not to be disregarded. That she should be employed, like a servant, during the performance of Śrāḍdha, &c., is not prohibited; e.g., there would be no harm if she were to thresh corn and so forth; but she should not be made to serve food and do such other acts.

‘Rites in honour of deities’ are (1) the Daśa-pūrnamāsa and other sacrifices, and (2) the feeding of Brāhmaṇas in honour of Deities, as already explained by us under 2.180.

‘Rites in honour of Pitṛs’ — i.e., Śrāddhas and offering of water-libations.

‘Rites in honour of guests’ — i.e., the reception and feeding of guests, and offering them water for washing their feet, and so forth.

“The prohibition here put forth is already implied by the rule that wives of one’s own caste should not be superseded by other wives.”

Not so; because the rule speaks of the wife of the same caste being actually present. Hence people might he led. to argue as follows — “If the wife of the Brāhmaṇa’s own caste happens to be in her courses, or absent, then his Śūdra wife may preside over the rites, just like his Kṣatriya and Vaiśya wives; further, the prohibition contained in the rule referred to pertains, not to her title to preside, but simply to the act of examining the clarified butter and so forth, which are done by the wife in accordance with the rule that the clarified butter used at sacrifices should be such as has been examined by the wife; and, as the rule simply mentions the general name ‘wife,’ it may be taken to mean that the act may be done by any wife that has been obtained.”

And it is with a view to prevent this being done, — and of wives of different castes doing the said acts in the same way in which they are done by any one wife from among several wives of the same caste, — that we have the present prohibition.

The ‘domination,’ by the wife is due to her being entitled to the act.

‘The deities and the Pitṛs do not eat of it;’ — this means that the acts become futile.

‘He does not go to heaven;’ — i.e., if the guest takes food, the householder fails to attain Heaven, which he would attain as the result of his having fed his guests. ‘Heaven’ here stands for all those rewards that have been described as proceeding from the ‘honouring of guests,’ and it is a reference to all that has been said under 3. 106. — (18).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 88), which explains it to mean that ‘she should not be allowed to take a prominent part in the offerings made to the Gods and Pitṛs;’ — and in Smṛticandrikā (Saṃskāra, p. 206), which explains ‘tatpradhānāni’ as ‘at which the Śūdra wife presides.’

 

Comparative notes by various authors:

(verses 3.13-19)

See Comparative notes for Verse 3.13.

 

 

VERSE 3.19

Section III - Marriageable Girls

 

वृषलीफेनपीतस्य निःश्वासोपहतस्य च ।
तस्यां चैव प्रसूतस्य निष्कृतिर्न विधीयते ॥१९॥

vṛṣalīphenapītasya niḥśvāsopahatasya ca |
tasyāṃ caiva prasūtasya niṣkṛtirna vidhīyate ||19||

 

There is ho expiation for him who has drunk the moisture of the mouth of a Śūdra woman, who has been tainted by her breath, and who has begotten children on her. — (19).

 

Medhātithi’s commentary (manubhāṣya):

This is an exaggerated exhortation.

‘Vṛṣalīphena’ is the moisture of her mouth; he by whom this has been drunk is ‘vṛṣalīphenapīta;’ — the past participial adjective ‘pīta’ being put last by the analogy of such compounds as ‘palāṇḍubhakṣita,’ and so forth.

If we adopt the other reading ‘vṛṣalīpītaphenasya,’ then the compound ‘pītaphenaḥ’ is to be expounded as ‘pītaḥ pheno yasya;’ and this, with the term ‘vṛṣalī’ taken as an Instrumental Tatpuruṣa, — according to Pāṇini 2. 1. 30. (the sense being ‘the moisture of whose mouth has been drunk by a Śūdra woman’). Or, ‘pītaphena,’ expounded as above, might be taken as forming a Genetive Tatpuruṣa with ‘vṛṣalī.’

The meaning is the same in all cases. When the husband and wife lie together, the touching of their lips, etc., are inevitable. Hence, what the word of the text indicates is sexual intercourse, by mentioning something that is concomitant with it.

From the context it is clear that this verse is supplementary to the foregoing prohibition, and it is not an independent assertion. If it were an independent assertion, we should have the prohibition of kissing only, and the other forms of intercourse would become sanctioned; so that, by having intercourse with a Śūdra woman, only if one avoids kissing, he would not be transgressing any scriptural injunction.

‘Who has begotten children on her’ — i.e., who has had intercourse with her during her ‘courses.’

‘Expiation’ — purification there is none. This indicates a high degree of deprecation. — (19).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 495) along with the preceding four verses; — in Vīramitrodaya (Saṃskāra, p. 75), where ‘phenapītasya’ is explained as ‘pītamukhāsavasya’, ‘he who has drunk wine from the mouth.’

 

Comparative notes by various authors:

(verses 3.13-19)

See Comparative notes for Verse 3.13.

 

 

VERSE 3.20 [The Eight Forms of Marriage]

Section IV - The Eight Forms of Marriage

 

चतुर्णामपि वर्णानं प्रेत्य चैह हिताहितान् ।
अष्टाविमान् समासेन स्त्रीविवाहान्निबोधत ॥२०॥

caturṇāmapi varṇānaṃ pretya caiha hitāhitān |
aṣṭāvimān samāsena strīvivāhānnibodhata ||20||

 

Understand briefly these (following) eight forms of marriage of girls, among the four castes, — which are beneficial and not-beneficial here (in this life) and also after death. — (20)

 

Medhātithi’s commentary (manubhāṣya):

This is a brief re-capitulation of what is going to be described in detail.

‘Beneficial and not-beneficial’ — Some marriages are beneficial, while others are not so.

‘Eight’ — this mentions the number.

‘Marriage of girls’ — i.e., marriage which serves as the sacramental rite for girls.

“What is it that is called Marriage?”

It is the name given to a sacramental rite performed for the girl, obtained by certain means, which serves to make her a wife.

A girl having been obtained by certain means, one performs for her, for the purpose of making her a wife, a sacramental rite, which ends with the seeing of the constellation of Ursa Major, and is marked by the holding of hands; and it is this rite, along with its entire procedure and subsidiary details, that is called ‘Marriage.’ — (20).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 485) as introducing the examination of the different kinds of marriage; — in Vīramitrodaya (Saṃskāra, p. 846) to the same effect; — in Hemādri (Dāna, p. 082); — and in Vyāvahāra-bālambhaṭṭī (p. 757).

 

Comparative notes by various authors:

(verses 3.20-21)

Baudhāyana (1. 11. 1). — ‘There are eight marriages.’

Vasiṣṭha (1.28-29). — ‘There are six marriages, — Brāhma, Daiva, Ārṣa, Gāndharva, Kṣātra, and Mānuśa.’

Śaṅkha (4. 2). — ‘Brāhma, Daiva, Ārṣa, Prājāpatya, Āsura, Gāndharva, Rākṣasa, and Paiśāca, the lowest is the eighth.’

Nārada (Vīramitrodaya-Saṃskāra, p. 846). — ‘Eight forms of marriage have been laid down as a sacrament for several castes: among these the Brāhma is the first, then comes the Prājāpatya, the Ārṣa, the Daiva, the Gāndharva, and the Āsura; then come the Rākṣasa and the Paiśāca; the eighth is the lowest.’

Hārīta (Do.). — ‘There are eight marriages; Brāhma, Daiva, Gāndharva, Āsura, Rākṣasa, Paiśāca, Mānuṣa and Kṣātra.’

Arthaśāstra (Part II, p. 12). — ‘When the girl is adorned and given away, it is the Brāhma form of marriage; — when the pair perform religious rites together, it is the Prājāpatya; when a pair of cows is received in exchange, it is the Ārṣa; when the girl is given away to the Priest within the altar, it is the Daiva; that which is accomplished by mutual consent is the Gāndharva; when the giver receives a fee, it is the Āsura; when the girl is taken away by force, it is the Rākṣasa; when the girl is taken away while asleep, it is the Paiśāca.’

Nārada (12. 38-53). — [38-39 as in the above-mentioned quotation from Vīramitrodaya; then] — ‘In the Brāhma form, a maiden decked with ornaments is given to the bridegroom, after he has been invited and honourably received by the father. When he has been received with the words — “Carry on your sacred duties together with her,” it is called the Prājāpatya form. When the father receives from the bridegroom, a dress, a bull and a cow, it is called the Ārṣa form. When she is given before the altar, to a priest officiating at a sacrifice, it is called the Daiva form. The union of a willing maiden with her lover is the fifth form called Gāndharva. When a price is asked for the bride by her father and received by him, it is the form called Āsura. The Rākṣasa form is declared to consist of the forcible abduction of a maiden. Sexual intercourse with a woman during her sleep, or while she is unconscious, constitutes the eighth form, the basest of all. Of these, the first four, beginning with the Brāhma, are declared to be lawful; the Gāndharva form is common to all castes; the three forms that come after it are unlawful. Besides the lawful wives, seven other kinds of wives are mentioned, who have been previously enjoyed by another man. Among those, the Punarbhū is of three kinds and the Svairiṇî of four kinds. A maiden, not actually deflowered, but only joined in wedlock to a former husband by the hand, is the first kind of Punarbhū. She is required to have the marriage-ceremony performed once more, with her second husband. One who, after having left her husband, and betaken herself to another man, returns to her husband, is called the second kind of Punarbhū. When a woman, on the failure of brothers-in-law, is delivered by her relations to a Sapiṇḍa of the same caste, she is called the third Punarbhū. When a woman, with or without children, goes to live with another man, through love, while her husband is alive, she is called the first Svairiṇī. When the woman, after the death of her husband, rejects her brother-in-law or other relations, and unites herself with a stranger, through love, she is called the second Svairiṇī. One who, having come from a foreign country, or having been purchased with money, or being oppressed with hunger or thirst, gives herself up to a man, saying “I am thine,” is called the third Svairiṇī. When a woman, after having been given in marriage, by her elders, in accordance with the custom of her country, becomes forcibly united with another man, she is called the fourth Svairiṇī.’

 

 

VERSE 3.21

Section IV - The Eight Forms of Marriage

 

ब्राह्मो दैवस्तथैवार्षः प्राजापत्यस्तथाऽसुरः ।
गान्धर्वो राक्षसश्चैव पैशाचश्चाष्टमोऽधमः ॥२१॥

brāhmo daivastathaivārṣaḥ prājāpatyastathā'suraḥ |
gāndharvo rākṣasaścaiva paiśācaścāṣṭamo'dhamaḥ ||21||

 

(1) The Brāhma, (2) the Daiva, (3) the Ārṣa, (1) the Prājāpatya, (5) the Āsura, (6) the Gāndharva, (7) the Rākṣasa and (8) the Paiśāca, which is the eighth and the lowest. — (21)

 

Medhātithi’s commentary (manubhāṣya):

These are the names of the eight forms of Marriage that were referred to in the preceding verse by the number ‘eight.’

‘Lowest’ — this has been added with a view to deprecate the Paiśāca form of marriage. — (21)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 846) as enumerating the different forms of marriage; — in Madanapārijāta (p. 155); — in Parāśaramādhava (Ācāra, p. 485); — in Vidhānapārijāta (p. 758); — in Saṃskāra-ratnamālā (p. 479); — in Nṛsiṃhaprasāda (Saṃskāra, p. 61a); — in Hemādri (Dāna, p. 682) — in Vyāvahāra Bālambhaṭṭī (p. 175); — in Saṃskāramayūkha (p. 99); — in Smṛticandrikā (Saṃskāra, p. 227); — and by Jīmūtavāhana (Dāyabhāga, p. 152).

 

Comparative notes by various authors:

(verses 3.20-21)

See Comparative notes for Verse 3.20.

 

 

VERSE 3.22

Section IV - The Eight Forms of Marriage

 

यो यस्य धर्म्यो वर्णस्य गुणदोषौ च यस्य यौ ।
तद् वः सर्वं प्रवक्ष्यामि प्रसवे च गुणागुणान् ॥२२॥

yo yasya dharmyo varṇasya guṇadoṣau ca yasya yau |
tad vaḥ sarvaṃ pravakṣyāmi prasave ca guṇāguṇān ||22||

 

Which (of these) is lawful for which caste, what are the good and bad points of each, the good and bad effects of each upon the offspring, — all this I shall explain to you. — (22)

 

Medhātithi’s commentary (manubhāṣya):

‘Lawful’ — that which is not fallen from the law; i.e., prescribed by the scriptures.

‘What are the good and bad points of each form’ — i.e., which points in each are conducive to desirable and which to undesirable results.

‘Offspring’ — i.e., in the birth of children.

‘Good effects’ — good qualities. ‘Bad effects’ — defects. In reality, the ‘good and bad effects,’ in the form of Heaven and Hell, pertain to the bridegroom; but here they stand for that which brings about these effects.

Though this is already implied in what has gone before (in the first line), yet it is mentioned again for the purpose of making the idea clearer. — (22)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 155) as introducing the enumeration of the different forms of marriage.

 

Comparative notes by various authors:

Āpastamba (2. 12. 4). — ‘As the marriage so the offspring.’

Baudhāyana (1. 11. 17). — ‘It is well known that the offspring is in keeping with the form of marriage.’

Last Updated: 16 February, 2018

 

 

VERSE 3.23

Section IV - The Eight Forms of Marriage

 

षडानुपूर्व्या विप्रस्य क्षत्रस्य चतुरोऽवरान् ।
विश्।शूद्रयोस्तु तानेव विद्याद् धर्म्यानराक्षसान् ॥२३॥

ṣaḍānupūrvyā viprasya kṣatrasya caturo'varān |
viś|śūdrayostu tāneva vidyād dharmyānarākṣasān ||23||

 

One should know the first six in the order stated as lawful for the Brāhmaṇa, the last four for the Kṣatriya and those same, excepting the “Rākṣasa,” for the Vaiśya and the Śūdra. — (23).

 

Medhātithi’s commentary (manubhāṣya):

The first six forms of marriages, in the order in which they have been named above, are lawful for the Brāhmaṇa.

The term ‘Kṣatra’ stands for the Kṣatriya. For him ‘the last four;’ i.e., the ‘Āsura,’ the ‘Gāndharva,’ the ‘Rākṣasa,’ and the Paiśāca.’

For the Vaiśya and the Śūdra, ‘those same, excepting the Rākṣasa,’ i.e., leaving off the ‘Rākṣasa’ form. — (23)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 987), which adds the following explanation: — The six forms of marriage, from the beginning, are lawful for the Brāhmaṇa, the four beginning with ‘Āsura’ and ending with ‘Paiśāca’ for the Kṣatriya; these latter, with the exception of the ‘Rākṣasa’ are lawful for the Vaiśya and the Śūdra.

Aparārka (p. 91) quotes this and adds that those beginning with Brāhma and ending with Gāndharva are lawful for the Brāhmaṇa; and the ‘avarān’ — those named last are lawful for the Kṣatriya; and for the Vaiśya and Śūdra also these same, excepting the Rākṣasa.

Madanapārijāta (p. 158) quotes the verse and explains it to mean that the first six — i. e., ‘Brāhma’, ‘Daiva’, ‘Ārṣa’, ‘Prājāpatya’, ‘Āsura’ and ‘Gāndharva’ are, in the order stated, ‘lawful’ — i.e., not contrary to law — for the Brāhmaṇa.

Vīramitrodaya (Saṃskāra, p. 858) quotes the verse and having offered the same explanation as the above, adds that four of these are the principal forms recommended, and the other two are only secondary substitutes.

Nirṇayasindhu (p. 223) quotes the verse and explains that the ‘four’ meant are Āsura, Gāndharva, Rākṣasa and Paiśāca; these, excepting the Rākṣasa, are lawful for the Vaiśya and the Śūdra.

It is quoted in Saṃskāramayūkha (p. 100), which adds the following explanation: — For the Brāhmaṇa, only six forms are commended, beginning with the Brāhma and ending with the Gāndharva, the other two are not commended; — the four beginning with the Āsura are lawful for the Kṣatriya, — these same four, excepting Rākṣasa, for the Vaiśya and the Śūdra; — thus Rākṣasa is lawful for the Kṣatriya only; so that for the Brāhmaṇa there are only six, for the Kṣatriya all the eight; — and in Smṛticandrikā (Saṃskāra, p. 231), which also adds that only the first six. are lawful for the Brāhmaṇa, the latter four for the Kṣatriya, and for the Vaiśya, and the Śūdra also, all these with the exception of the Rākṣasa.

 

Comparative notes by various authors:

(verses 3.23-24)

Baudhāyana (1.11.10-14). — ‘Of these, four are commended for the Brāhmaṇa, of these the preceding being more commendable than the succeeding; and of the remaining four, the succeeding is more reprehensible than the preceding; of these again, the sixth and the seventh are in keeping with the character of the Kṣatriya, — and the fifth and the eighth for the Vaiśya and the Śūdra; because Vaiśyas and Śūdras have no restrictions regarding their wives.’

Śaṅkha (4.3). — ‘Among these the four mentioned first are lawful; the Gāndharva and the Rākṣasa are commended for the Kṣatriya.’

Gautama (4.14, 15). — ‘The first four are lawful; six, according to some.’

Viṣṇu (24.27, 28). — ‘Among these, the first four are lawful; the Gāndharva also, for Kṣatriyas.’

Āpastamba (2. 12. 3). — ‘Of these, the first three are commended, the preceding being more commendable than the succeeding.’

Mahābhārata (Ādi-parva, 73, 12). — ‘The Gāndharva and the Rākṣasa are lawful for the Kṣatriya.’

Mahābhārata (Vīramitrodaya-Saṃskāra, p. 859). — ‘O Yudhiṣṭhira, for the good Brāhmaṇas, the Brāhma form is the lawful one.’

Nārada (Vīramitrodaya-Saṃskāra, p. 859). — ‘The first four are commended for the Brāhmaṇa; the Gāndharva and the Rāksasa for the Kṣatriya, the Āsura for the Vaiśya, and the Śūdra; the last one has been condemned.’

Devala (Vīramitrodaya-Saṃskāra, p. 860). — ‘The first four forms of marriage are lawful, and conducive to water-libations; being free from fees and fit for Brāhmaṇas, they save both families.’

Smṛtyantara (Parāśaramādhava, p. 487). — ‘The first four are commended for the Brāhmaṇa; the Gāndharva and the Rākṣasa for the Kṣatriya, the Āsura for the Vaiśya and for the Śūdra; the eighth one is entirely condemned.’

Saṃvarta (Parāśaramādhava, p. 487). — ‘If a good girl be unobtainable by any means, than she may be married even by theft, while she may be alone.’

Arthaśāstra (Part 11, p. 13). — ‘Of these the first four are righteous, as authorised by the Father; the remaining (which are unrighteous) may be authorised by the Father and the Mother (who accept the fees).’

 

 

VERSE 3.24

Section IV - The Eight Forms of Marriage

 

चतुरो ब्राह्मणस्याद्यान् प्रशस्तान् कवयो विदुः ।
राक्षसं क्षत्रियस्यैकमासुरं वैश्यशूद्रयोः ॥२४॥

caturo brāhmaṇasyādyān praśastān kavayo viduḥ |
rākṣasaṃ kṣatriyasyaikamāsuraṃ vaiśyaśūdrayoḥ ||24||

 

The wise ones have regarded the first four as commended for the Brāhmaṇa, the Rākṣasa alone for the Kṣatriya and the Āsura for the Vaiśva and the Śūdra. — (24).

 

Medhātithi’s commentary (manubhāṣya):

The further recommendation of the ‘Brāhma’ and other three forms for the Brāhmaṇa, means that the ‘Āsura’ and the ‘Gāndharva’ are prohibited for him.

Similarly, for the Kṣatriya, it is the ‘Rākṣasa’ alone, not the ‘Āsura’ and the ‘Gāndharva.’

For the Vaiśya and the Śūdra, it is the ‘Āsura’ alone.

Among those that have been sanctioned (before) and prohibited now, there is to be option; so that one may have recourse to the optional forms only when those that have been sanctioned absolutely in all cases are not possible. If a man were to have recourse to those forms of marriage that have been sanctioned in one place and interdicted in another, without considering the possibility or otherwise of those that are absolutely sanctioned, — he would be committing a wrong, and his offspring would be defective; — this is what the law-giver has indicated under verse 23 above by the phrase, ‘the good and bad effects upon the offspring.’ But such an act would not nullify the marriage itself in the way in which the fact of the bride being the bridegroom’s ‘sapiṇḍa’ does. — (24)

 

Explanatory notes by Ganganath Jha:

‘For the Vaiśyas and Śūdras are not particular about their wives’ (Baudhāyana, 1.20.14). Cf. the following passages for the different rules in this respect. Vaśiṣṭha 1.27-28 gives six equivalents to these eight; so Āpastamba (2.12.3), who admits three as good. Baudhāyana 1.20.10 gives eight and permits but four; so Viṣṇu (24.27). Gautama gives the eight, admits four, and says some admit six. “The Mahābhārata (1.73.8 ff.) ascribes descending virtue to each ‘according to Manu’, and mixing up the sense of verse 23 and verse 27, allows four for a Brāhmaṇa and six for a Kṣatriya.” — Hopkins.

This verse is quoted in Parāśaramādhava (Ācāra, p. 487), as selecting out of the eight, those that are specially commended; — in Vīramitrodaya (Saṃskāra, p. 858), which adds that of the form specially commended for the Brāhmaṇa, two are still more important

Madanapārijāta (p. 159), adds the following note: — The Brāhma, Daiva, Ārṣa and Prājāpatya forms have been declared to be commended for the Brāhmaṇa; for the Kṣatriya, the Rākṣasa alone has been commended; and for the Vaiśya and Śūdra, the Āsura only. For the Brāhmaṇa the first four, ending with the Prājāpatya are the primary forms, and the Rākṣasa must be a secondary substitute for him, because it is lawful for the next lower caste, Kṣatriya. For the Kṣatriya, the Rākṣasa, is the primary form; and as according to the preceding verse, the Āsura, Gāndharva, Rākṣasa and Paiśāca are commended for him, the three, besides the Rākṣasa, must be regarded as secondary substitutes. According to others, however, the phrase ‘last four’ (of verse 23) stands for the four beginning with ‘Prājāpatya and according to this, the Rākṣasa being directly mentioned in the present verse as specially commended for the Kṣatriya, the secondary substitutes for him would be the Prājāpatya, the Gāndharva and the Āsura. For the Vaiśya and the Śūdra, the Āsura is the primary, and the Gāndharva and the Paiśāca, — or the Gāndharva and the Prājāpatya — secondary substitutes.

Smṛtitattva (II, p. 140) quotes this verse and explains that even though this text mentions among the ‘commended’ forms, the Āsura, where the bride’s father receives wealth from the bridegroom, yet it must be understood to sanction the payment of only so much of wealth as may be required for the decking of the bride. — It is quoted in Hemādri (Dana, p. 683); — in Saṃskāramayūkha (p. 100), which adds that for the Kṣatriya, the Rākṣasa is the principal form, and for the Vaiśya and the Śūdra, the Āsura.

Aparārka (p. 91) quotes this verse and adds that for the Brāhmaṇa, the Brāhma, Daiva, Ārṣa and Prājāpatya are commended; the Āsura and Gāndharva are neither commended nor forbidden; — for the Kṣatriya, the Rākṣasa alone is commended; the Āsura and the Gāndharva are neither commended nor forbidden; — for the Vaiśya and Śūdra, the Āsura alone is commended; the Gāndharva is neither commended nor forbidden; — the Paiśāca is forbidden for all castes.

It is quoted in Smṛticandrikā (Saṃskāra, pp. 190 and 231), which adds that though the first four are ‘commended,’ it does not mean that the next two are forbidden; all that is meant is that these two are not commended.

 

Comparative notes by various authors:

(verses 3.23-24)

See Comparative notes for Verse 3.23.

 

 

VERSE 3.25

Section IV - The Eight Forms of Marriage

 

पञ्चानां तु त्रयो धर्म्या द्वावधर्म्यौ स्मृताविह ।
पैशाचश्चासुरश्चैव न कर्तव्यौ कदा चन ॥२५॥

pañcānāṃ tu trayo dharmyā dvāvadharmyau smṛtāviha |
paiśācaścāsuraścaiva na kartavyau kadā cana ||25||

 

Of the five, three have been declared to be lawful and two unlawful, in this treatise; the Paiśāca and the Āsura forms should never be adopted.’ — (25)

 

Medhātithi’s commentary (manubhāṣya):

The law laid down in this verse pertains to the Kṣatriya and the rest, not to the Brāhmaṇa; for if it referred to the latter, there would be an inconsistency regarding the ‘Rākṣasa’ forms; as the Brāhmaṇa can never do the ‘killing and wounding’ (which are inevitable in that form), which acts are possible only for the Kṣatriya and others.

‘Of the five’ — Forms of marriage, beginning with the ‘Prājāpatya’ — three are lawful, and two — i.e., the Paiśāca and the Āsura — should never be adopted.

Though the ‘Prājāpatya’ has not been mentioned in connection with the Kṣatriya and others, yet it is here specially enjoined for them; so also the ‘Rākṣasa’ for the Vaiśya and the Śūdra. It is the Āsura and the Paiśāca that are interdicted.

The conclusion on this point is as follows: — For the Brāhmaṇa there are six forms of marriage; of these the ‘Brāhma’ is the best of all; inferior to that are the ‘Daiva’ and the ‘Prājāpatya;’ inferior to these is the Ārṣa, then the ‘Gāndharva,’ then the ‘Āsura.’

There are some people who regard this verse as pertaining to the Brāhmaṇa also. According to these, the ‘Rākṣasa’ form is permissible for that Brāhmaṇa who may have adopted the profession of the Kṣatriya. They argue that, even though the Brāhmaṇa may have abandoned his own functions and taken to those of other castes, if they do some ‘killing and wounding’ in connection with marriage, he may become liable to the performance of expiatory rites for doing those acts; but that would not deprive the ‘Rākṣasa marriage’ of the character of ‘marriage.’

That the ‘Brāhma’ is the best form of marriage has been shown by its results (described in versus 37, et seq.). As for the other three, though they have not been interdicted under any circumstances, yet their inferiority is deduced from the fact that the results following from them are of an inferior type. As regards the ‘Āsura’ form, since it has been specifically prescribed for the Vaiśya and the Śūdra, it implies the exclusion of the Brāhmaṇa and the Kṣatriya from it. And yet we have the distinct injunction of six forms as permitted for the Brāhmaṇa (in 23 above). From all which it follows that there is option; but it is an option with the restriction that one is to have recourse to the second option only in the event of the first option being impossible. Fur-ther, that an option is intended, is clearly established by the fact that several forms of marriage are permitted, and yet a combination of all is impossible; just as, in the case of Vrīhi and Yava, we admit an option, because both are sanctioned, and yet they cannot be combined. Thus, then, when other forms are possible, if one were to adopt the ‘Āsura’ form, its results, in regard to spiritual merit and the character of the offspring, would be inferior.

As regards the Kṣatriya, the ‘Rākṣasa’ form is the best; as it had been enjoined absolutely without any option by all the four verses. Verse 23 permits four forms for the Kṣatriya, which means that the ‘Āsura,’ the ‘Gāndharva,’ and the ‘Paiśāca’ also are permitted; while those latter have been interdicted by the assertion that the Rākṣasa alone is for the ‘Kṣatriya,’ (24). Hence it follows that these latter forms are optional, not primary. In consideration of the context, it is clear that the injunction is for the ‘Rākṣasa’ form only. But, since there is no definite exclusion of the ‘Prājāpatya’ form, this latter also is equal to the ‘Rākṣasa,’ for the Kṣatriya.

Similarly, for the Vaiśya and the Śūdra also, the ‘Prājāpatya,’ which has been mentioned as permitted in all cases, is not prohibited. The ‘Āsura’ and the ‘Paiśāca’ are both ‘permitted’ and ‘prohibited’ for them; the ‘Rākṣasa’ also has been interdicted by the phrase, ‘excepting the Rākṣasa’ (23), while it is permitted by the assertion that ‘three are lawful’ (25).

It is for the Brāhmaṇa only that the ‘Paiśāca’ is not permitted, and for the Kṣatriya and the rest, the ‘Brāhma,’ the ‘Daiva’ and the ‘Ārṣa’ are not permitted at all. — (25)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 860) in support of the view that certain forms of marriage are permissible for the, Brāhmaṇa under abnormal circumstances; and adds the following explanation: — From among the five — Prājāpatya, Āsura, Gāndharva, Rākṣasa and Paiśāca, — the Āsura having been singled out as fit for the Vaiśya and the Śūdra only, and the Paiśāca being deprecated for all, the remaining three alone are lawful for the Brāhmaṇa; i. e., the Prājāpatya, the Gāndharva and the Rākṣasa. This conclusion is based on the analogy of the livelihood recommended for the next lower caste being permissible for the higher caste in abnormal times; so that the marriages commended for the Kṣatriya are permitted for the Brāhmaṇa under abnormal circumstances.

The same work on page 859 quotes the second half of the verse, to the effect that the Paiśāca is not lawful for any caste.

Madanapārijāta (p. 159) quotes it, and offers the following explanation: — From among the five — Prājāpatya, Āsura, Gāndharva, Rākṣasa and Paiśāca, — three are ‘lawful viz, Prājāpatya, Gāndharva and Rākṣasa. The second half indicates two of these — i.e., the Āsura and Paiśāca — as unlawful. — Even though the Prājāpatya has been enumerated in verse 24 among the primary forms recommended for the Brāhmaṇa, yet, the same is here mentioned only as ‘lawful under abnormal circumstances,’ with a view to indicate that it is inferior to the Ārṣa.

Parāśaramādhava (Ācāra p. 487) quotes this verse and adds the following explanation — From among the forms beginning with the Brāhma and ending with the Āsura, three — i. e., the Brāhma, the Daiva and the Prājāpatya are lawful; while Ārṣa and the Āsura are unlawful, on account of their involving the purchase of a wife; as between these two also, one should never adopt the Āsura, which should be avoided as carefully as the Paiśāca, It goes on to add that here Manu has set forth only a view that has been held by ‘some one’; according to his own view, there is no ‘purchase’ involved in the Ārṣa marriage, where the ‘pair of cows’ given are not by way of a ‘price’ for the girl; as has been clearly declared in verse 53 below. So that, according to Manu, the Ārṣa is as lawful as the other three.

It is quoted in Hemādri (Dāna, p. 683); — and in Saṃskāraratnamālā (p. 479), which adds the following explanation: — Among the five, beginning with the Brāhma and ending with the Āsura, the first three are ‘righteous,’ as not involving any form of selling; — the Ārṣa and the Āsura are ‘unrighteous,’ as involving bartering, and lienee, like the Paiśāca, they should not be adopted even in abnormal circumstances.

 

Comparative notes by various authors:

Mahābhārata (Ādi-parva, 73.11). — [Reproduces Manu.]

Nārada (Vīramitrodaya-Saṃskāra, p. 859). — ‘The last one has been condemned.’

Kaśyapa (Parāśaramādhava, p. 488). — ‘The woman got by purchase is not called Patnī; she is not fit to participate in rites either to gods or to Pitṛs; Kaśyapa has called her a slave.’

Devala (Parāśaramādhava, p. 488). — ‘The first four marriages are conducive to spiritual merit and help also in the water-offerings; that is, those in which no price is paid, and which alone are fit for the Brāhmaṇa; these save both families.’

 

 

VERSE 3.26

Section IV - The Eight Forms of Marriage

 

पृथक् पृथग् वा मिश्रौ वा विवाहौ पूर्वचोदितौ ।
गान्धर्वो राक्षसश्चैव धर्म्यौ क्षत्रस्य तौ स्मृतौ ॥२६॥

pṛthak pṛthag vā miśrau vā vivāhau pūrvacoditau |
gāndharvo rākṣasaścaiva dharmyau kṣatrasya tau smṛtau ||26||

 

The two forms of marriage mentioned before — i.e., the Gāndharva and the Rākṣasa — have been declared, whether separately or mixed, to be lawful for the Kṣatriya. — (26)

 

Medhātithi’s commentary (manubhāṣya):

‘Singly’ — this is a inert re-iteration, each single form having been already prescribed in the foregoing verses. The ‘mixed’ form is what is prescribed here; where the ‘Gāndharva-Rākṣasa’ are prescribed independently of (apart from) the other forms. The notion derived from what has gone before being that each form stands apart by itself, just like the Vrīhi being used apart from the Yava, — the present verse lays down the combination (of two). When we have two such texts as ‘offer the Vrīhi’ and ‘offer the Yava? each of which prescribes a substance to be used at a sacrifice independently of the other, — we conclude that the two are meant to be optional alternatives, and they are not meant to be mixed tip; because, if the mixture of both were used, we would be obeying neither the injunction of Yava, nor that of Vrīhi. Similarly, in the present case, when only one girl is to be married, it being impossible to adopt any two forms of marriage, the present text proceeds to prescribe the combination of two of them.

Such a combination of the said two forms would be possible under the following circumstances: — A girl living in her father’s house, happens to see a boy living in the same house and having heard praises from messengers, falls in love with him, but not being mistress of herself she cannot meet him, — and then she enters into a compact with her lover, requests him to take her away by some means or other, and gets herself carried away: and the bridegroom, being possessed of great strength, carries her away after having ‘killed and wounded’ (her guardians): Now in this case, since there is ‘voluntary union between the two’ (verse 32), it fulfils the conditions of the ‘Gāndharva’ form: while, since he has carried her away, after ‘having killed and wounded’ (verse 33), the conditions of the ‘Rākṣasa’ form also become fulfilled.

These two forms are possible for the Kṣatriya only. These two are lawful for the Kṣatriya — says the Text.

Mentioned before — is a mere reiterative reference.

Others have offered the following explanation: — When a Kṣatriya marries several girls, he marries one by the ‘Gāndharva’ form, and another by the ‘Rākṣasa’ form: — and this is the ‘mixed form’ meant by the text. And when all are married by one or the other of these two forms, it is a case of ‘separately’ mentioned by the text. And from this we gather that it is only these two forms of marriage that the Kṣatriya might adopt promiscuously — sometimes the one and sometimes the other; while in the case of the ‘Prājāpatya’ and the rest, he should adopt the same form in all his marriages which he happens to adopt in the first. — (26)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 860), where the following notes are added: — This lays down the forms.permissible for the Kṣatriya under abnormal circumstances. — ‘Pṛthak’ means unmixed, and ‘Miśra,’ mixed; we have the latter form in a case where the marriage having been previously settled by mutual understanding between the bride and the bridegroom, if the bride’s people oppose it, the bridegroom takes her away by force, as happened in the case of Kṛṣṇa’s marriage with Rukmiṇī (described in the Bhāgavata). A further distinction has got to be made here: the ‘mixed’ form is permissible only under abnormal conditions, while the ‘unmixed’ one is a secondary form permissible for all time; and hence the mention of this latter in the present verse is merely reiterative (as remarked by Medhātithi also), — the reiteration being made for the purpose of indicating the utter inferiority of the ‘mixed’ to the ‘unmixed’ form. This implies that for other castes also, in the event of an ‘unmixed’ form being not possible, the ‘mixed’ form becomes permissible. — Even though the Paiśāca has been prohibited for all, yet it has been mentioned among the forms of marriage only for the purpose of its being permitted for the Vaiśya and the Śūdra under exceptionally abnormal circumstances.

Madanapārijāta (p. 160) also quotes this verse as laying down what is permissible for the Kṣatriya under abnormal conditions. īt adds the following notes: — ‘Pṛthak pṛthak’ means the primary and the secondary forms, laid down as alternatives; and the second half quotes an example of the ‘mixed’ form; there is a ‘mixture’ of the Gāndharva and Rākṣasa forms when after a mutual understanding has been arrived at between the bride and the bridegroom, if the bride’s people raise objections to the marriage, the bridegroom fights with them and takes away the bride by force. — This is to be understood only as an illustration; on the same analogy, other ‘mixtures’ may be permissible for other castes also. — Even though very much deprecated, the Paiśāca form is permitted under abnormal circumstances for the Vaiśya and the Śūdra, — as also for such twice-born persons as have adopted the living of the Vaiśya or the Śūdra.

This verse is quoted in Hemādri (Dāna, p. 682).

 

Comparative notes by various authors:

Mahābhārata (Ādi-parva, 73. 12-13). — ‘The Gāndharva and the Rākṣasa are lawful for the Kṣatriya: the two may be performed either separately or jointly.’

Baudhāyana (1. 11. 16). — ‘Some people commend the Gāndharva for all, — since it is accompanied by love.’

 

 

VERSE 3.27

Section IV - The Eight Forms of Marriage

 

आच्छाद्य चार्चयित्वा च श्रुतशीलवते स्वयम् ।
आहूय दानं कन्याया ब्राह्मो धर्मः प्रकीर्तितः ॥२७॥

ācchādya cārcayitvā ca śrutaśīlavate svayam |
āhūya dānaṃ kanyāyā brāhmo dharmaḥ prakīrtitaḥ ||27||

 

When one himself invites a man endowed with learning and character and gives to him his daughter, after having dressed and worshipped (them), — this is called the “Brāhma” form. — (27)

 

Medhātithi’s commentary (manubhāṣya):

The author now describes the exact nature of the several forms of marriage.

‘After having dressed.’ — What is meant is a particular form of dressing, ordinary dressing being absolutely necessary (and hence implying no special regard). Hence the. meaning is — ‘After having dressed with nice and suitable clothes, such as might be available at the place.’

‘Having worshipped;’ — i.e., having done worship with bracelets, armlets and other ornaments, and also special modes of honouring, indicative of great affection.

There is nothing to indicate the connection of the ‘dressing’ and ‘worshipping’ with either the bride only or with the bridegroom only: hence they should be taken as relating to both.

‘Endowed with learning and character.’ — This implies also the other qualifications of the bridegroom, mentioned in other law-books; such as ‘intelligent, loved by the people, having his virility carefully tested’ (Yājñavalkya, Ācītra, 55).

‘Himself;’ — i.e., not previously requested by him.

‘Invites’ him; — i.e., gets the bridegroom to come, by sending bis own man.

This giving away of the daughter is the ‘Brahma form’ of marriage. Though the term ‘form’ is a general one, yet, in consideration of the context, it has to be taken as standing for marriage.

The upshot of this definition comes to be that ‘when a man obtains a wife without asking for it, and with due honour, it is the Brahma form of marriage.’

“The definition provided in the text cannot be right; as, in reality, ‘marriage’ is for the purpose of accepting a wife [so that the mere ‘giving’ by the father cannot be marriage.]”

The ‘giving’ spoken of in the text is meant to extend right up to the end of the marriage-ceremony; in fact, until the marriage has been performed, the ‘giving’ is not complete; it is at the time of ‘marriage’ that there is ‘acceptance’ of the girl by the bridegroom; and until this acceptance, the ‘gift’ is not complete. Specially, ‘giving’ here does not consist merely in the renouncing of one’s proprietary right; it extends up to the creating of the proprietary right of another person (the recipient). It is in view of this that the author is going to declare later on — ‘the learned should regard the seventh step as the final stage of the marriage’ (5.152). Thus, then, it is at the time of marriage that the maiden should be given away; it is for this reason that the author of the Gṛhyasūtra has laid down the rites in connection with the Brāhma marriage as to be performed at the time of the marriage itself.

As for the ‘giving’ before the marriage, this is merely a verbal compact; and if no such compact has been entered into, it is just possible that at the desired time the marriage may not be actually performed; for in the absence of formal agreement, the father of the bride may not give her, or the bridegroom may not accept her. Hence it is necessary that before the actual marriage, a regular contract should be entered into, in some such form, ‘she is to be given by you and accepted by me.’ [Just as an internal sacrifice becomes naturally excluded when it is deficient in some essential factor and does not fulfil the conditions of the injunction.?]

Some people argue as follows: — “When the cow and such other things are given away for the purpose of obtaining a transcendental result, the giving is accomplished merely by the recepient accepting it with the proper texts and the same should be the case with all acts of giving. So that, in the case in question also, marrying occupying the same position as accepting, ‘marriage’ should be regarded as synonymous with acceptance; and the act of accepting consists in making the thing one’a own; as says the revered Pāṇini in Sūtra 1. 3. 56 — ‘The root yama with the prefix upa in the sense of making one’s own takes the Ātmanepada.’ From this it is clear that marriage is done only for the purpose of receiving the maiden.”

This, however, is not right. In fact, the ‘marriage’ is of the maiden that has been accepted, and it is for the purpose of making her a wife. The Injunction bearing upon marriage is not in the form that — ‘one should accept the maiden by means of this rite;’ nor are the sacred texts recited at marriage such as signify the act of accepting; as is the case with such mantras as — ‘devasya tvā pratigṛhṇāmi, etc.’

As for what has been said regarding the sense of making one’s own, such a sense is not incompatible with our view. The act of ‘marrying’ also is of the nature of making one’s own. The act of ‘giving’ only brings about the ownership of the recipient; and the act of ‘marrying’ creates a particular form of ownership. Further, the wife is not a ‘property’ in the same sense that the cow and other things are; the latter are property’ in the sense that they may be used in any way one likes, while the maiden married by one can be used only as ‘wife so that the relation between husband and wife is of that of a peculiar kind of ownership; as will be shown later on, under 5. 152. — (27).

 

Explanatory notes by Ganganath Jha:

‘Arcayitvā’ — Medhātithi and Kullūka take this as well as ‘ācchādya’ as referring to both the bride and the bridegroom; — Nārāyaṇa and Rāghvānanda refer ‘urcayitvā’ to the bridegroom only.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 847), where the following Explanatory notes are added: — ‘Ācchādya,’ ‘having dressed,’ with clothes; — ‘arcayitvā’ ‘having worshipped’ with garlands, sandal-paint and so forth; — both these are to be done to the bridegroom, not to the bride; since both these are related to ‘āhūya’ ‘having invited,’ which cannot refer to the bride; — ‘Svayam,’ ‘himself,’ should not be taken (as Medhātithi and Kullūka take it) as precluding the possiblity of the request for the girl coming from the bridegroom; as such preclusion would be inconsistent with the rule laying down the ‘selection’ of the bride by the bridegroom. — Further Baudhāyana says — “After ascertaining his Śrutaśīle, learning and character, one gives the girl to the Student who seeks for her,” — and here we find it distinctly laid down that there should be a seeking for the girl by the bridegroom; — in this passage ‘Student,’ Brahmacāri, stands for one whose observance of studentship has not suffered in any way. — ‘The seeing’ spoken of by Baudhāyana consists in selecting the bride. That the father should ‘himself’ invite the bridegroom has been laid down as the peculiar characteristic of the ‘Brāhma’ form of marriage. Such also is the custom among the people of the south.

This verse is quoted also in Smṛtitattva (II, p. 106) in connection with a somewhat subtle discussion. The author holds the view that ‘marriage,’ ‘vivāha,’ is the act of taking a wife, and hence the ‘giving’ of the bride cannot be called ‘marriage,’ as the giving is done by the Father, while the taking of a wife is done by the Bridegroom. On this ground, he argues, the definition of the Brāhma form of marriage provided in the present text of Manu should not be explained as consisting in the ‘giving of the girl’; the word ‘Dānam’ has, therefore, to be explained differently, in its etymological sense ‘yasmai dīyate tat dānam’ i.e., ‘dānam’ means ‘that for the sake of accomplishing which the giving is done’; — and as it is the Student’s ‘taking of a wife’ that is accomplished by giving, it is this ‘taking of the wife’ which should be taken as expressed by the word ‘dānam.’ He argues further that if the ‘marriage consisted in the giving of the girl, then the agent, person marrying, would be the bride’s Father, and not the Bridegroom. The author is conscious of the syntactical difficulty involved in his explanation, in connection with the participle ‘āhūya’, ‘having invited,’ which, as it stands, must have the same nominative agent as the ‘giving.’ But he brushes it off with the remark that the derivation of the verbal root in ‘āhūya’ being only a secondary factor, may be ignored, or we may supply some such word as ‘sthitaḥ’; — the meaning thus being — ‘the man who takes the wife when he comes after being invited.’

It is interesting to note that the question raised by Raghunandana in Smṛtitattva has been anticipated and satisfactorily explained by Medhātithi (see Translation, p. 58).

This verse is quoted in Aparārka (p. 88); — in Dānakriyākaumudī (p. 9) as laying down the necessity of clothing the girl properly; — in Nṛsiṃhaprasāda (Saṃskāra, p. 61a); — and in Smṛticandrikā (Saṃskāra, p. 227), which explains ‘arcayitvā’ as ‘having worshipped him with offerings of ornaments and other tilings.’

 

Comparative notes by various authors:

Gautama (4. 6). — ‘One should give away his daughter, dressed and adorned, to a man who is endowed with learning, character, good conduct, and relations; — this is the Brāhma form.’

Baudhāyana (1. 11. 2). — ‘The Brāhma form consists in giving the girl to a man who has kept the vows of the Religious Student seeking for wife, after having tested his learning and character.’

Āpastamba-Dharmasūtra (2. 11. 17). — ‘In the Brāhma form of marriage, one should find out all about the relations, the character, the learning and the health of the man and then give to him the girl after having adorned her to the best of his power, for the purpose of hearing children and for companionship.’

Vaśiṣṭha (1.30). — ‘That is the form of marriage in which the father gives away the girl to a person desirous of having a wife, after having made to him an offering of water.’

Viṣṇu (24.19). — ‘The Brāhma form consists in inviting the qualified man and giving the girl to him.’

Yājñavalkya (1. 58). — ‘When the girl, adorned to the best of one’s power, is given to a man who has been invited for the purpose, it constitutes the Brāhma form of marriage; the son born of these marriages purities twenty-one generations on both sides.’

Āśvalāyana-Gṛhyasūtra (1. 6. 15). — ‘Having adorned the girl one should give her away, preceded by the water-offering; the son born thereof purifies twelve future generations and twelve past generations on both sides.’

Devala (Vīramitrodaya-Saṃskāra, p. 847). — ‘One should give away the girl, endowed with auspicious qualities, dressed and adorned, wearing now bangles, to a deserving man; this constitutes the Brāhma form of marriage.’

Saṃvarta (Vīramitrodaya-Saṃskāra, p. 847). — ‘One should give away — by the Brāhma form of marriage — his daughter, endowed with good qualities, after having adorned her with excellent ornaments, to a suitable bridegroom.’

Vyāsa (Vīramitrodaya-Saṃskāra, p. 847). — ‘One should give away the girl, dressed and adorned, after going round the fire thrice and pronounced the name and gotra; this is the Brāhma form.’

Yama (Vīramitrodaya-Saṃskāra, p. 848). — ‘The girl that is given away with water, they regard as Brahmadeyā.’

Hārīta (Vīramitrodaya-Saṃskāra, p. 848). — ‘When one offers a pair of clothes to a man and gives his girl to him, without deprecating or discussing him, directing him to jointly carry on Dharma, this is the Brāhma form of marriage.’

Śaṅkha-Likhita (Vīramitrodaya-Saṃskāra, p. 848). — ‘When one gives to a man of his own caste, who is well known to him, the girl who has not reached puberty, — this is the Brāhma marriage.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, p. 848). — ‘One should give away the girl adorned with gold, before she has reached puberty.’

Brahmapurāṇa (Vīramitrodaya-Saṃskāra, p. 848). — ‘To a qualified bridegroom, you give the girl, with proper faith and confidence, after having adorned her to the best of your power and endowed her with wealth.’

 

 

VERSE 3.28

Section IV - The Eight Forms of Marriage

 

यज्ञे तु वितते सम्यग् ऋत्विजे कर्म कुर्वते ।
अलङ्कृत्य सुतादानं दैवं धर्मं प्रचक्षते ॥२८॥

yajñe tu vitate samyag ṛtvije karma kurvate |
alaṅkṛtya sutādānaṃ daivaṃ dharmaṃ pracakṣate ||28||

 

While a sacrifice is being performed, if one gives away his daughter, after having decked her, to the priest who is officiating at it, — this they call the “Daiva” form. — (28).

 

Medhātithi’s commentary (manubhāṣya):

‘Being performed;’ — i.e., when a sacrifice, such as the Jyotiṣṭoma and the like, has been commenced; if one gives away his daughter to the ‘priest’ — the Adhvaryu — ‘who is officiating’ — working — ‘at it;’ — ‘after having decked her;’ — this is a mere re-iteration; this forming an essential condition in every form of giving one’s girl in marriage; that ‘one should give the girl in marriage after having decked her’ being a general injunction.

“The cow, the house, the mule and other things have been mentioned as the fee for priests, the giving of the daughter has not been found laid down anywhere as helping in the fulfilment of sacrificial performances.”

What has ‘helping in the fulfilment of sacrificial performances’ got to do with the subject under consideration? All that is meant is that, when a sacrifice has begun to be performed, if one gives his daughter to the priest, this constitutes the ‘Daiva’ form of marriage.

In this case, there is some slight return made by the bridegroom in the form of services rendered in connection with the sacrifice. Even though the daughter is not given in consideration of any sacrificial services rendered, yet when she is given to him while he is engaged in a certain act, it does give rise to the inference (that she has been given as a reward for those services). And it is in view of this fact that the ‘Daiva’ form has been regarded as inferior to the ‘Brāhma’ form (in which latter, there is not the slightest suspicion of any kind of return). — (28).

 

Explanatory notes by Ganganath Jha:

Hopkins is not quite right when he says that ‘the priest receives the maiden as part of the fee.’ It is not so, as has been made clear by Medhātithi. Further the ‘fee’ is always given after the completion of the rite, and not only when ‘it has begun’, or while the priest is still ‘doing his work.’

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 849), where the explanation is added — Samyak sauṣṭhavena karma kurvate ṛtvije ityanvayaḥ; the construction is that the girl is given ‘to the priest who is doing the work efficiently, in a proper manner’; — in Hemādri (Dāna, p. 684); — and in Smṛticandrikā (Saṃskāra, p. 228.).

 

Comparative notes by various authors:

Gautama (4. 4). — ‘The Daiva consists in giving the girl to the Priest within the sacrificial altar.’

Baudhāyana (1. 11. 5). — ‘At the time that the sacrificial fees are being given, if the girl is given to the Priest within the sacrificial altar, — this the Daiva.’

Āpastamba Dharmasūtra (2. 11. 19). — ‘In the Daiva form, the girl is to be given to the Priest, in course of the sacrificial performance.’

Vaśiṣṭha (1. 31). — ‘In course of a sacrificial performance, if one gives his girl, after having decked her, to the Priest carrying on his sacrificial duties, — this they call the Daiva marriage.’

Viṣṇu (24.20). — ‘The Daiva is that offered to the Priest engaged in a sacrifice.’

Āpastamba-Gṛhyasūtra (1.6.2). — ‘When a sacrifice is being performed, if one gives the girl duly decked to the Priest therein engaged, this is called the Daiva marriage; the son bora thereof purifies ten past and ten future generations on both sides.’

Devala (Vīramitrodaya-Saṃskāra, p. 849). — ‘When one brings into the sacrificial altar the girl decked in gold and gives her to the Priest, this is the marriage called Daiva.’

Yama (Vīramitrodaya-Saṃskāra, 849). — ‘The marriage of the Priest is called Daiva.’

Hārīta (Vīramitrodaya-Saṃskāra, 849). — ‘When the girl is given within the altar, to the bridegroom after having presented to him a pair (of cow and bull), this is the Daiva marriage.’

 

 

VERSE 3.29

Section IV - The Eight Forms of Marriage

 

एकं गोमिथुनं द्वे वा वरादादाय धर्मतः ।
कन्याप्रदानं विधिवदार्षो धर्मः स उच्यते ॥२९॥

ekaṃ gomithunaṃ dve vā varādādāya dharmataḥ |
kanyāpradānaṃ vidhivadārṣo dharmaḥ sa ucyate ||29||

 

‘When the maiden is given away in due accordance with rule, after taking, in odedience to law, from the bridegroom, one or two pairs of cow and bull, — this is called the “Ārṣa” form.’ — (29).

 

Medhātithi’s commentary (manubhāṣya):

“Pair;” — i.e., the cow (female) and the bull (male). — ‘one or two,’ — ‘after taking’ — receiving — ‘from the bridegroom, ’ — when the maiden is given away’ — this is the ‘Ārṣa’ form.

‘In obedience to law;’ — i.e., with the idea that such receiving is sanctioned by law, and hot with the idea of receiving it in exchange for (price for) the girl. The sense is that what is received cannot be regarded as the price; as there is no possibility of any higher or lower demand being made (as there would be if it were a question of price). — (29)

 

Explanatory notes by Ganganath Jha:

Burnell is not right in remarking that ‘this is the most common form now.’ Among the better classes of the Brāhmaṇas the ‘Brāhma’ still continues to be the most common form; and among others, the form most common now is the Āsura.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 849), where ‘dharmataḥ’ is explained as meaning ‘according to family-custom’; or ‘in obedience to the law governing the Ārṣa marriage, not by way of a price for the girl.’

It is quoted also in Madanapārijāta (p. 155) as showing that it is not necessary that the number of ‘cows given should be always ‘two’ as mentioned in other Smṛtis; — it adds that if the Father of the Bride accept this ‘pair of cow and bull’ it becomes a ‘selling’ of the girl; — in Hemādri (Dana, p. 684); — in Nṛsiṃhaprasāda (Saṃskāra, p. 62a); — and in Smṛticandrikā (Saṃskāra, p. 228), which explains ‘Gomithunam’ as ‘a milch cow and a bull.’

 

Comparative notes by various authors:

Gautama (4. 8). — ‘In the Ārṣa form the bridegroom should present to the bride’s guardian a pair of cow and bull.’

Baudhāyana (1. 11). — ‘After having made the first two offerings of fried grains, the bridegroom should present a pair of cow and hull to the bride’s guardian and then marry her; this is the Ārṣa form.’

Āpastamba- Dharmasūtra (2. 11. 18). — ‘In the Ārṣa form, two pairs of cow and bull should be given to the bride’s father.’

Vaśiṣṭha (1.32). — ‘The Arṣa is accomplished by means of a pair of cow and bull.’

Viṣṇu (2. 4. 21). — ‘The Ārṣa is accomplished by the acceptance of a pair of cow and bull.’

Yājñavalkya (1. 59). — ‘By accepting a pair of cows, it is the Ārṣa.’

Āśvalāyana-Gṛhyasūtra (1. 6. 4). — ‘If one marries the girl after presenting a pair of cow and bull, it is the Ārṣa marriage: it purifies seven future and seven past generations on both sides.’

Devala (Vīramitrodaya-Saṃskāra, p. 851). — ‘That wherein there is giving away of the girl, along with a pair of cow and bull, to a bridegroom, praiseworthy and not. belonging to the same gotra, — this they know as the Ārṣa marriage.’

Śaṅkha-Likhita (Do.). — ‘The Ārṣa is accomplished by means of a pair of cow and bull, or of a pair of clothes; but in every case ornaments and dowry should be given.’

 

 

VERSE 3.30

Section IV - The Eight Forms of Marriage

 

सहौभौ चरतां धर्ममिति वाचाऽनुभाष्य च ।
कन्याप्रदानमभ्यर्च्य प्राजापत्यो विधिः स्मृतः ॥३०॥

sahaubhau caratāṃ dharmamiti vācā'nubhāṣya ca |
kanyāpradānamabhyarcya prājāpatyo vidhiḥ smṛtaḥ ||30||

 

When the Father, having decked them, gives away the daughter with the words, “may you both together perform your duty,” making them also repeat them, — this is called the “Prājāpatya” form. — (30).

 

Medhātithi’s commentary (manubhāṣya):

The ‘Prājāpatya’ form of marriage is that in which the girl is given away on the clear undertaking having been taken in so many words that “you both together shall duly Fulfil your duties.”

‘Duty’ has been mentioned only by way of illustration; the undertaking refers to ‘duty,’ ‘property’ and ‘pleasure’ also; as, in all these three, the interests of the husband and the wife are common. In reality, what is actually uttered is the word duty’ only, the expression used being ‘may duty be performed by you both,’ and not that ‘may duty, property and pleasure he accomplished:’ but, in consideration of what has been said in other law-books, the term ‘duty’ in the said expression has been explained as standing for ‘property’ and ‘pleasure’ also. Hence the conclusion is that the expression ‘may duty be performed by you both together is to be pronounced at the time that the girl is being given away to the person upon whom the condition has been imposed that ‘this girl is to be given to you only if you fulfil your duty, property and pleasure along with her,’ and who has accepted the condition at the time of marriage. Thus, then, even though(property’ and ‘pleasure’ also are meant to be included, yet they are not actually mentioned, because they are not of sufficient importance. Says Gautama (4. 7) — ‘In the Prājāpatya form of marriage, the mantra used is may you together perform your duty;’ and the use of the term ‘mantras’ clearly shows that the words to be used should be precisely as they are laid down here, Just as in the case of mantra-texts. Further, in the case of very powerful men, it would not be right to make it a condition that the wife shall partake of all their properties and pleasures; and yet that these also are meant we learn from other law-books.

This form of marriage is inferior to the preceding ones only by reason of this condition being imposed; as this shows that there is a desire on the part of the giver for some sort of return from the recipient.

The bridegroom also is made to repeat in his words the condition that he accepts; and the exact form laid down is not for the giver only. For ‘having made to repeat’ would have been enough if only one of them were to say it, the phrase, ‘with the words,’ would have been superfluous; the act of repeating being always by means of words only. Says the author of the Gṛhyasūtra — ‘Having said this is true for you, he should make the bridegroom say this is true for us.’ In fact, the prefix in ‘anubhāṣya’ (‘having made to repeat’) clearly indicates the confirmation of what has been said before. — (30).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 851); — in Hemādri (Dāna, p. 685); — and in Smṛticandrikā (Saṃskāra, p. 228).

 

Comparative notes by various authors:

Gautama (4. 7). — ‘The Prājāpatya consists in merely bringing them together, with the exhortation — may you together perform your duty.’

Baudhāyana (l. 11. 3). — ‘Having dressed and adorned her, if she is given away, with the exhortation, may this girl cooperate with you in the performance of duty, — this constitutes the Prājāpatya form.’

Viṣṇu (24.22). — ‘The Prājāpatya form consists in the giving away of the girl when she has been asked for.’

Yājñavalkya (1.60). — ‘When a girl is given to a man who has asked for her, with the words — may she co-operate with you in the performance of duty — this is the Prājāpatya form, and the son horn of this purifies six generations on each side along with the giver himself.’

Āśvalāyana-Gṛhyasūtra (1.6.1.3.). — ‘The Prājāpatya is accompanied by the exhortation — may you both co-operate in the performance of duty; this purifies eight past and eight future generations on both sides.’

Devala (Vīramitrodaya-Saṃskāra, p. 851). — ‘When the girl is decked and given away on the clearly expressed understanding that the couple is to co-operate in the performance of duty, — this is the Prājāpatya marriage.’

 

 

VERSE 3.31

Section IV - The Eight Forms of Marriage

 

ज्ञातिभ्यो द्रविणं दत्त्वा कन्यायै चैव शक्तितः ।
कन्याप्रदानं स्वाच्छन्द्यादासुरो धर्म उच्यते ॥३१॥

jñātibhyo draviṇaṃ dattvā kanyāyai caiva śaktitaḥ |
kanyāpradānaṃ svācchandyādāsuro dharma ucyate ||31||

 

When one carries away the maiden, after having given, of his own will, as much wealth as the (he?) can to the kinsmen, as well as to the bride herself, this is called the “Āsura” form. — (31).

 

Medhātithi’s commentary (manubhāṣya):

‘Kinsmen.’ — the father and other relations of the bride.

‘As well as to the bride;’ — i.e., by way of ‘dowry.’

The compound ‘Kanyāpradāna’ is to be expounded as ‘Kanyāyāḥ āpradānam’ — the meaning being ‘the carrying away of the maiden.’ This constitutes the ‘Āsura’ form of marriage.

Of his own will; — i.e., in any manner he may chose; not according to rules laid down in the scriptures. This is what distinguishes this from the ‘Ārṣa’ form. In the latter, the scripture restricts the gift to ‘a cow and a bull’ only; while in the present case, the ‘wish’ of the giver shall depend upon the beauty, the character and such other qualities of the bride. — (31).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 852), where it explains ‘Āpradānam’ as ādānam grahaṇamiti yāvat, i.e., ‘taking’; — and ‘Svācchandyāt’ as ‘of his own free will, not in obedience to the wish of the bride’s father,’ his right over her having been created by purchase.

Smṛtitattva (I, p. 593) quotes the verse and refers to Kullūka Bhaṭṭa as explaining ‘āpradānam’ as ‘taking of the girl’; and it explains ‘svācchandyāt’ as ‘by his own will.’

It is quoted in Hemādri (Dana, p. 685); — and in Smṛticandrikā (Saṃskāra, p. 229), which explains ‘āpradānam’ as ‘ādānam’, ‘taking’, and ‘svācchandyāt’ as ‘at one’s will’, irrespectively of the willingness or otherwise of the gill, thus differing from the ‘Gāndharva’ in which both are willing.

 

Comparative notes by various authors:

Gautama (4. 11). — ‘When the acquiescence of the bride’s guardians is secured by means of wealth, it is the Āsura form.’

Baudhāyana (1.11.7). — ‘It is the Āsura which is performed after satisfying with wealth (the girl and her guardians).’

Āpastamba-Dharmasūtra (2.12.1). — ‘When one takes away the bride after having given as much wealth as he can, it is the Āsura form.’

Vaśiṣṭha (1.35). — ‘When one obtains a girl who has been purchased with wealth after staking, it is the Mānuṣa form.’ [Manuṣa is another name for ‘Āsura,’ says the Vīramitrodaya Saṃskāra, p. 853.]

Viṣṇu (24.24). — ‘Marriage by purchase is Āsura.’

Yājñavalkya (1.61). — ‘The Āsura is that which is brought about by the acceptance of wealth.’

Āśvalāyana-Gṛhyasūtra (16.1.6.). — ‘When one marries a girl after having satisfied her with wealth, it is the Āsura form.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, p. 853). — ‘When the parents give away the girl, selling her for a fee, it is ṭhe Āsura form.’

Hārīta. (Do.). — ‘When the girl is given away to a man who is suspected, by other people, of hypocrisy and deceit, — it is the Āsura form.’

 

 

VERSE 3.32

Section IV - The Eight Forms of Marriage

 

इच्छयाऽन्योन्यसंयोगः कन्यायाश्च वरस्य च ।
गान्धर्वः स तु विज्ञेयो मैथुन्यः कामसम्भवः ॥३२॥

icchayā'nyonyasaṃyogaḥ kanyāyāśca varasya ca |
gāndharvaḥ sa tu vijñeyo maithunyaḥ kāmasambhavaḥ ||32||

 

The mutual union of the bride and bridegroom, through love is to be known as the “Gāndharva” form; it has sexual intercourse for its end and it has its source in lust. — (32).

 

Medhātithi’s commentary (manubhāṣya):

The ‘union’ — coming together at one place — ‘of the bride and bridegroom, through love’ — through mutual longing.

In deprecation of this form of marriage it is added — ‘It has sexual intercourse for its end’ — it serves the purpose of sexual intercourse only. This is made clearer by the next clause — ‘it has its source in lust;’ — ‘source’ is that from which a thing springs; and it is from lust that this union springs. — (32).

 

Explanatory notes by Ganganath Jha:

Govindarāja and Nārāyaṇa raise the question as to the prescribed offerings and wedding ceremonies being performed in the cage of the Gāndharva, Rākṣasa and Paiśāca forms of marriage; and on the strength of a text of Devala’s and another of Śaunaka (Bahvṛca Gṛhyapariśiṣṭa) they declare that the offerings must be made, but that no Vaidika mantras should be recited; this latter reservation being based on Manu’s text (8.226). Medhātithi discusses this at great length under verse 34 below, from which it appears that the opinion on this subject has always been divided. In support of the view that the subsequent rites are essential, several texts are quoted in Vīramitrodaya (Saṃskāra, pp. 861-862).

This verse is quoted in ‘Vīramitrodaya’ (Saṃskāra, p. 855), where the ‘Anyonyasaṃyogaḥ’ is explained as ‘mutual agreement’, — ‘Maithunyaḥ,’ ‘conducive to all acts accomplished by means of sexual intercourse’, — and ‘Kāmasambhavaḥ,’ as ‘originating from excessive lust’; — in Hemādri (Dāna, p. 685); — and in Smṛticandrikā (Saṃskāra, p. 229), which explains ‘Maithunyaḥ’ as ‘favourable to sexual intercourse.’

 

Comparative notes by various authors:

Gautama (4. 10). — ‘When the girl loves a man and herself becomes united to him, it is the Gāndharva form.’

Baudhāyana (1. 11. 6). — ‘The Gāndharva consists in the mutual union of the loving bride and the loving bridegroom.’

Āpāstamba-Dharmasūtra (2. 11. 20). — ‘When the couple become united through mutual love, it is the Gāndharva.’

Vaśiṣṭha (1. 33). — ‘It is the Gāndharva when the man loving the girl who loves himself, and is similar to himself, marries her.’

Viṣṇu (24. 23). — ‘When ṭhe couple in love with one another, become united, independently of the parents, — it is the Gāndharva.’

Yājñavalkya (1. 61). — ‘The Gāndharva is accomplished by mutual agreement.’

Āśvalāyana-Gṛhyasūtra (1. 6. 1. 5). — ‘It is Gāndharva when the man marries the girl after coming to a mutual agreement.’

Devala (Vīramitrodaya-Saṃskāra, p. 855). — ‘When in a sacred place, the man and the woman become united by mutual agreement, through love, it is the fifth form of marriage, the Gāndharva.’

Hārīta (Do., p. 856). — ‘When the girl herself selects the bridegroom, it is Gāndharva.’

 

 

VERSE 3.33

Section IV - The Eight Forms of Marriage

 

हत्वा छित्त्वा च भित्त्वा च क्रोशन्तीं रुदतीं गृहात् ।
प्रसह्य कन्याहरणं राक्षसो विधिरुच्यते ॥३३॥

hatvā chittvā ca bhittvā ca krośantīṃ rudatīṃ gṛhāt |
prasahya kanyāharaṇaṃ rākṣaso vidhirucyate ||33||

 

The forcible abduction of the maiden from her home, while she is crying out and weeping, after having beaten and wounded and pierced, — is called the “Rākṣasa” form. — (33).

 

Medhātithi’s commentary (manubhāṣya):

‘Forcibly;’ — i.e., having subdued the guardians of the girl, if one carries her away by force, this is called the ‘Rākṣasa’ form. This is all that is meant to be stated here. ‘Having beaten,’ etc., is a mere descriptive re-iteration; for it is always understood that, while the bridegroom is forcibly taking away the girl, if some one seeks to stop him, he shall beat them and do the rest of it. But if, knowing the great strength of the abductor, her guardians, through fear, let her go, — then also it is a Rākṣasa form of marriage; and it is not a necessary condition of this form that the beating, etc., must be done.

‘Having beaten’ — by means of sticks, etc.

‘Wounded’ — cutting limbs by strokes of the sword and other weapons.

‘Pierced’ — walls and forts.

‘Crying out and weeping;’ — i.e., unwilling girl. This is what distinguishes this from the ‘Gāndharva’ form. ‘Crying out’ stands for such loud wailings as — ‘there is none to protect me, I am being taken away, save me,’ and so forth: while ‘weeping’ stands for shedding tears, which is the characteristic of all frightened women. — (33)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in ‘Vīramitrodaya’ (Saṃskāra, p. 856), where the following explanation is given — ‘Hatvā’ — ‘having beaten, those obstructing him’; — ‘Chittvā’ — having cut off, the heads of the obstructors’; — ‘Bhittvā’ — ‘having pierced, with strokes of weapons’; — ‘Krośantīm’ — calling for her relations; — all this indicates fighting.

The second half is quoted in Smṛtitattva (II, p. 129) in support of the view that what distinguishes the Rākṣasa form is forcible abduction.

The verse is quoted in Hemādri (Dāna, p. 685); — and in Smṛticandrikā (Saṃskāra,:p. 229), which explains ‘prosahya’ as ‘by force’.

 

Comparative notes by various authors:

Gautama (4. 12). — ‘When there is taking away by force, it is the Rākṣasa.’

Baudhāyana (1. 11. 8). — (Same as above.)

Āpastamba-Dharmasūtra (2.12.2). — ‘When the girl is taken away after attacking her guardians, it is the Rākṣasa.’

Vaśiṣṭha (1. 34). — ‘When they suddenly attack with force and take away the girl, it is the Kṣātra form of marriage.’

Viṣṇu (24.24). — ‘Taking away by fighting constitutes the Rākṣasa.’

Yājñavalkya (1. 61). — ‘It becomes the Rākṣasa, if there is taking away by fight.’

Āśvalāyana- Gṛhyasūtra (6.15). — 'When one wrests the crying girl from her crying guardians after having killed and maimed them, it is the Rākṣasa.’

Hārīta (Vīramitrodaya-Saṃskāra, p. 856). — ‘It is the Rākṣasa form of marriage when, with the king’s support, the girl is obtained by attacking and chastising her guardians.’

Hārīta (Vīramitrodaya-Saṃskāra, p. 857). — ‘It is th e Kṣātra form when the decked girl is won in battle.’

Devala (Vīramitrodaya-Saṃskāra, p. 857). — ‘If the girl is taken away by force, it is Rākṣasa, the seventh form of marriage, based upon bravery.’

 

 

VERSE 3.34

Section IV - The Eight Forms of Marriage

 

सुप्तां मत्तां प्रमत्तां वा रहो यत्रोपगच्छति ।
स पापिष्ठो विवाहानां पैशाचश्चाष्टमोऽधमः ॥३४॥

suptāṃ mattāṃ pramattāṃ vā raho yatropagacchati |
sa pāpiṣṭho vivāhānāṃ paiśācaścāṣṭamo'dhamaḥ ||34||

 

When the man approaches the girl by stealth, while she is asleep, or intoxicated or unconscious, — it is the “Paiśāca” form, the wickedest and the basest of marriages. — (34).

 

Medhātithi’s commentary (manubhāṣya):

The unwillingness of the girl is the condition common to the ‘Rākṣasa’ and the ‘Paiśāca’ forms: the difference is that in the former there is beating, while in the latter there is stealth.

‘Asleep’ — overpowered by sleep.

‘Intoxicated’ — senseless, under the influence of wine, &c.

‘Unconscious’ — who has lost consciousness on account of the disorders of the wind-humour.

‘By stealth’ — not openly.

‘Approaches’ — has sexual intercourse with.

This is the Paiśāca marriage, of all marriages the ‘wickedest’ — the most sinful. That is to say, the issue of such a marriage does not become the rightful child.

------------------------

In connection with this subject, some people think that the ‘Gāndharva’ form of marriage is accomplished by mere ‘intercourse,’ the ‘Rākṣasa’ by mere ‘abduction’ and the ‘Paiśāca’ by mere ‘approach,’ — irrespective of the sacramental rites relating to the ‘taking of the hand’ and the rest. And they base this idea upon the fact that all these three are mentioned in apposition to ‘marriage’ which forms the subject-matter of the context.

But, according to these people, in the ‘Brāhma’ and other forms also, since the ‘giving’ is mentioned in apposition to ‘marriage,’ the sacramental rites would cease (to be necessary factors in the marriage). But we have shown above, how. these rites cannot be omitted. The fact of the matter is that it is only figuratively that the term ‘marriage’ has been applied to that act of ‘giving’ which is done for the purpose of ‘marriage.’

As regards the ‘Gandharva’ form, the revered Kṛṣṇa-dvaipāyana has described it, in connection with the union of Duṣyanta and Śukuntalā, as being ‘without fire and without sacred texts;’ and this shows that there are certain sacramental rites of ‘taking the hand,’ etc., but they are done without sacred texts etc.

As regards the ‘Paiśāca’ form, there is a difference of opinion: — In this form (it is argued) ‘approaching’ is the prime factor; but that does not deprive the girl of her ‘maidenhood;’ as this can be put an end to only by the sacramental rites attendant upon marriage; so that the girl still continuing to be a ‘maiden,’ the prohibition of rites in connection with ‘non-maidens’ — which we find in the statement that ‘the sacred texts relating to marriage are restricted to maidens only’ (8. 226) — does not apply to this form of marriage; and hence its connection with the sacramental rites remains undisturbed. The prohibition just referred to is for the purpose of precluding the sacramental rites (from the case of non-maidens); while the girl married by the ‘Paiśāca’ form has her maidenhood destroyed only when she has gone through the rites. Thus, then, even though the ‘approaching’ may take place first, yet the taint of ‘non-maiden-hood’ does not apply to her. It is only in accordance with this view that Karṇa can be called ‘maiden-born;’ for if mere intercourse with man were to deprive the girl of her maidenhood, how could we have such a statement as ‘the son born of a maiden is called maiden-born.’ If, on the other hand, the name ‘maiden’ be applied only to such girls as have not had the sacramental rites performed for them, then the said statement would be all right, Karṇa and others of his kind, being sons of unmarried girls. It is only if ‘approaching’ be the prime factor that it is possible for a child being born from a ‘maiden.’ In fact, we find in stories the description of the ‘marriage’ of girls who had been previously ‘approached’ by the ‘Paiśāca’ form.

It might be asked — “when sexual intercourse has been already accomplished with the help of intoxicants, etc., what would be the use of the sacramental rites?”

The answer to this is as follows: — Though the act of copulation has been accomplished, and the man. has transgressed the prohibition of intercourse with a ‘maiden,’ yet the performance of the rites is necessary, — firstly, for the purpose of making her entitled to share in the religious acts of her husband, and, secondly, for the purpose of avoiding the sin of repeating the act of having intercourse with a ‘maiden.’ This form of marriage is thus deprecated by reason of its involving a transgression of the prohibition of having intercourse with a maiden, and also because it subserves the purely physical purposes of the man (and not any religious purpose).

The above view, however, is not right; because, in ordinary parlance, the term ‘maiden’ denotes the girl who has had no intercourse with man, and not one for whom the sacramental rites have not been performed. In fact, even though her sacramental rites have not been perforated; if a girl happens to have sexual intercourse with man,-she ceases to be regarded as a ‘maiden;’ and when such girls have taken to the profession of prostitutes, intercourse with them does not involve the sin of having intercourse with a ‘maiden.’ It is true that the words ‘virgin’ and ‘maiden’ have beeu regarded as referring to a female in the earlier years of her age; but, in connection with rules relating to marriage, they are always used in the sense of one who has had ho intercourse with man. It is for this reason that when a man is found to be seeking marriage with a girl who maintains the appearance of a virgin, and does not openly go in for sexual intercourse, — he is warned by people with such words as — ‘she is no longer a virgin, her virginhood has been destroyed.’

Further, in the case of marrying such a girl, there would be a serious deficiency in the sacramental rites themselves. E.g., the rite of ‘conception’ has to be done with sacred texts, such as ‘Viṣṇuryoniṅkalpayatu, etc. (Ṛgveda, 10.184. 1), — which means ‘May Viṣṇu generate upon your generative organ;’ and there can be no ‘generation’ (by Viṣṇu) of what has already been generated’ (by another man); so that the use of the sacred text in this case would be meaningless. Nor could, any such text be used when an unmarried girl would be ‘approached’ in the ‘Paiśāca’ form; as it has been definitely declared that it is to be used only in the case of ‘married’ girls. Nor would it be right to hold that the ‘generation’ (spoken of in the said text) refers to the case of marriages other than the ‘Paiśāca;’ for the use of the text has been prescribed without any restriction at all.

The above and several other difficulties crop up if ‘approaching’ is regarded as the principal factor. The term ‘Upagamana,’ ‘approach,’ then, should be taken as standing for the acts of embracing, kissing and such other concomitants of actual ‘intercourse;’ — such use of the term being due to the fact that the said acts are concomitants of, and lead up to, the act of ‘intercourse.’ As regards the expression, ‘the maiden-born son,’ inasmuch as the direct meaning of the term ‘maiden’ is not applicable, it is taken in its indirect meaning of ‘one who has not gone through the sacramental rites.’ As for the case where the sacramental rites are performed even after ‘intercourse,’ such cases are very rare. Then, as regards the statement — ‘when the sacrament is performed for a pregnant girl, with or without the knowledge of her being so, etc.’ (9. 173), — this refers to cases where the person performing the sacramental rites is not the same that has had the previous intercourse with her; so that this would not be a case of ‘Paiśāca’ marriage at all; as in this latter, the girl is given in marriage to that same person who has had intercourse with her (during sleep, etc.), and that same person would be performing the rites for her. Then again, so far as the performance of rites for the pregnant girl is concerned, it has been directly laid down by scriptural texts. All this we shall explain in full detail under Discourse IX.

Others, again, have held the view that — “in reality, the intercourse itself is the principal factor; for, if it were not so, there would be no point in the prohibiting of intercourse (with maidens).”

But if ‘intercourse’ were the principal factor, then that itself would constitute ‘marriage;’ none other being possible, according to the reasoning just put forward; so that there would be no object for the prohibition, as ‘intercourse,’ when voluntary, would constitute the ‘Gāndharva’ marriage; when ‘forcible,’ it would be ‘Rākṣasa’ marriage; and in other cases it would be ‘Paiśāca;’ and no other ‘intercourse,’ without rites is possible, whereby the prohibition could apply to all forms of ‘intercourse.’ As a matter of fact, however, there certainly is an object for the prohibition, — in the shape of such cases where there is forcible intercourse by stealth, or where the girl is given away by her parents, but no sacramental rites are performed. This latter cannot come under the ‘Gāndharva’ marriage; as it is not ‘voluntary’ on the part of the girl. It is for this reason that in such a case the husband does not incur the sin of having intercourse with a ‘maiden;’ as this latter contingency happens under totally different circumstances.

Thus, then, since the performance of sacramental rites has been interdicted in the case of girls who have already had sexual intercourse, — and since the ‘Paiśāca’ also is, like the ‘Brāhma’ and the rest, a means (of acquiring a wife), — and since, therefore, this form also is capable of being culled ‘marriage,’ — it follows that what is denoted by the term ‘approach,’ ‘upagama’ (‘intercourse’) is only a secondary factor.

The differentiating characteristics of the eight forms of marriage are as follows (1) that marriage which comes without asking, just like landed property, gold and the rest, is ‘Brāhma;’ (2) that which comes by virtue of one’s priestly character is ‘Daiva;’ (3) that which is accompanied by the present of a cow and a bull is ‘Ārṣa;’ (4) that which is accompanied by the condition, ‘may you together perform your duties,’ and which comes either by or without asking, is ‘Prājāpatya;’ the characteristics of the others are easily discerned.

In the words, ‘Brāhma,’ etc., the nominal affix denotes relation; and the relationship of Brahma and the rest is ascribed to the marriage, with a view to eulogising it. So also in the rest. In the case of the term ‘Paiśāca,’ the meaning is ‘that which is fit for Piśācas,’ and it connotes deprecation. — (34).

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 206, l. 20) — ‘Varṇyate chetihāsādiṣu &c.’; — e.g. the case of Kunti, who was married to Pāṇḍu, after she had given birth to Karṇa.

This verse is quoted in Smṛtitattva (II, p. 129); — in Aparārka (p. 91); — and in Hemādri (Dāna, p. 685).

 

Comparative notes by various authors:

Gautama (4.13). — ‘When there is intercourse without the girl’s knowledge it is the Paiśāca form.’

Bodhāyana (1.11.9). — ‘When one marries a girl while she is asleep, or unconscious, or mad, it is the Paiśāca.’

Viṣṇu (24.26). — ‘It is Paiśāca when one approaches a girl while she is asleep or unconscious.’

Yājñavalkya (1.61). — ‘It is Paiśāca when the girl is won by stratagem.’

Āśvalāyana-Gṛhyasūtra (1.6.6). — ‘The carrying away of girls, asleep or unconscious, constitutes the Paiśāca.’

Devala (Vīramitrodaya-Saṃskāra, p. 858). — ‘The carrying away of a girl who is asleep, unconscious or mad, or in distress, — is the Paiśāca, the eighth form of marriage, based upon want of care.’

Hārīta (Vīramitrodaya-Saṃskāra, p. 858). — ‘it is the Paiśāca form when the girl is won by the employment of women, drinks, wine, and presents.’

 

 

VERSE 3.35

Section IV - The Eight Forms of Marriage

 

अद्भिरेव द्विजाग्र्याणां कन्यादानं विशिष्यते ।
इतरेषां तु वर्णानामितरेतरकाम्यया ॥३५॥

adbhireva dvijāgryāṇāṃ kanyādānaṃ viśiṣyate |
itareṣāṃ tu varṇānāmitaretarakāmyayā ||35||

 

‘For the chief of twice-born men the giving away of one’s daughter with water alone is commended; but for the other castes it is with mutual desire.’ — (35)

 

Medhātithi’s commentary (manubhāṣya):

‘For the chief of twice-born men;’ — i.e., for Brāhmaṇas.

‘Giving away of the daughter — when one is giving away his daughter, the giving away ‘with water,’ ‘is commended.’ That is, when one is giving his daughter to a Brāhmaṇa, he should give her ‘with water’ only.

“How can water be the instrument (means) of giving?”

What is meant is that without water, there can be no ‘giving;’ since we have the law — ‘alms and gifts should be given with water, after the uttering of the syllable namaḥ, and so also in all religious acts.’

Or, by the restriction expressed by the phrase, ‘with water alone,’ the text means to exclude the ‘Ārṣa,’ the ‘Āsura’ and the ‘Prājāpatya;’ as in these latter, water is not the only instrument used; other instruments also being used; such as ‘a cow and a bull,’ as also the compact (that ‘you should perform your duty together’).

What is really meant (by the girl being given ‘with water alone’) is as follows: — Just as when a cow, or gold or such other things are given, the giver does not impose any conditions, — such as ‘this cow should be thus tended by you, she should be fed upon such and such grass,’ and so forth, — in the same manner should the girl also be given; and the father shall not, through his great love for his daughter, impose upon his son-in-law any conditions; nor should he receive from him any presents.

As for the Kṣatriya and other castes, there should be ‘giving’ of the girl, when there is mutual desire on the part of the bride and the bridegroom; and not otherwise, as it is done in the ‘Brāhma’ form of marriage.

Others explain this as follows — what is meant by ‘mutual desire’ is that the father may either receive presents or give her ‘with water’ only.

According to this explanation, it becomes indicated that the ‘Brahma’ form of marriage pertains to all castes. — (35).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 138), where it is explained as meaning that in the case of Brāhmaṇas, that marriage is considered most commendable in which water is the only substance used as the instrument; while in that of the Kṣatriya and others, it may bo accomplished, even without the pouring of water, simply by mutual consent, the father of the bride agreeing to give, and the bridegroom to receive, the girl. This does not mean, however, that in the latter case water should never be used.

 

 

VERSE 3.36

Section IV - The Eight Forms of Marriage

 

यो यस्यैषां विवाहानां मनुना कीर्तितो गुणः ।
सर्वं शृणुत तं विप्राः सर्वं कीर्तयतो मम ॥३६॥

yo yasyaiṣāṃ vivāhānāṃ manunā kīrtito guṇaḥ |
sarvaṃ śṛṇuta taṃ viprāḥ sarvaṃ kīrtayato mama ||36||

 

The quality that has been ascribed by Manu to each of these forms of marriage — listen to all that, O Brāhmaṇas, from me, as I proceed to describe them correctly. — (36)

 

Medhātithi’s commentary (manubhāṣya):

The author is reminding his audience of what he had said before (Verse 22) regarding the ‘good and bad points of each form of marriage.’ Many things have been promised as to be described; and what he means to do by this verse is to point out that by means of the forthcoming verses he is going to explain such and such a subject. The reiteration contained iu this verse therefore is quite proper.

‘Of these forms of marriage’. — The genitive has- the sense of selection. The meaning being that from among these marriage-forms, to each has been ascribed a quality by the teacher, Munu; — ‘To all this listen, O Brāhmaṇas.’ This is addressed by Bhṛgu to the great sages.

‘Correctly’’ — without altering anything.

‘proceed to describe’ — expound. — (36)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 862); — and in Hemādri (Dāna, p. 603).

 

 

VERSE 3.37

Section IV - The Eight Forms of Marriage

 

दश पूर्वान् परान् वंश्यानात्मानं चैकविंशकम् ।
ब्राह्मीपुत्रः सुकृतकृत्मोचयत्येनसः पितॄन् ॥३७॥

daśa pūrvān parān vaṃśyānātmānaṃ caikaviṃśakam |
brāhmīputraḥ sukṛtakṛtmocayatyenasaḥ pitṝn ||37||

 

The son born of the wife married by the Brāhma form is a performer of righteous acts, absolves from sins ten Pitṛs on the ascending side and ten on the descending side of his family, as also himself as the twenty-first. — (37)

 

Medhātithi’s commentary (manubhāṣya):

‘Pitṛs on the ascending side,’ i.e., father, grandfather, and so forth.

‘Pitṛs on the descending side,’ i.e., son, grandson, and so forth.

These he ‘absolves from sins i.e., saves them from the sufferings of hell, etc.

Tbe son that is born of the girl married by the Brāhma form ‘is a performer of righteous acts,’ — i.e., his deeds are virtuous.

‘Pitṛs’ — those that have gone over to the other world. The term ‘pitṛ’ here stands for dead persons; in no other sense could the son and other descendants be spoken of as one’s ‘pitṛs.’

‘Ten’ — this is construed with both ‘ascendants’ and ‘descendants;’ as is clear from the man himself being spoken of as ‘the twenty-first.’

This verse is a purely laudatory exaggeration. Hence the question need not be raised how the man can save from sin his descendants, who are not yet born. For ancestors, freedom from sin is actually brought about by the proper performance, by the son, of Śrāddha and other rites; this we shall explain under the section on ‘Śrāddha.’ All that the assertion that ‘he absolves from sins ten descendants’ means is that in his family ten lines of descendants are born sinless. — (37)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 863), where it explains ‘Brāhmaṇī’ as ‘the girl married in the Brāhma form;’ and adds that the term ‘pitṛn’ includes the son and other descendants also; — also in Parāśaramādhava (Ācāra, p. 487); — in Aparārka (p. 88), which explains ‘Sukṛta’ as ‘doing what is enjoined and avoiding what is forbidden’; — in Hemādri (Dāna, p. 683); and in Smṛticandrikā (Saṃskāra, p. 227).

 

Comparative notes by various authors:

Gautama (4.29.33). — ‘The good sons purify; the son born of a wife married by the Brāhma form purifies ten past and ten future generations, along with oneself.’

Viṣṇu (24.29). — ‘The son of a wife married by the Brāhma form purifies twenty-one generations.’

Yājñavalkya (1.58). — ‘The son horn of this marriage purifies twenty-one generations.’

Āśvalāyana-Gṛhyasūtra (16.1.1). — ‘The son born thereof purifies twelve past and twelve future venerations on both sides.’

Śaunaka (Vīramitrodaya-Saṃskāra, p. 863). — ‘When a girl has been given away in the Brāhma form of marriage, the son born of her purifies twelve past and twelve future generations both on his maternal and his paternal sides.’

 

 

VERSE 3.38

Section IV - The Eight Forms of Marriage

 

दैवौढाजः सुतश्चैव सप्त सप्त परावरान् ।
आर्षौढाजः सुतस्त्रींस्त्रीन् षट् षट् कायौढजः सुतः ॥३८॥

daivauḍhājaḥ sutaścaiva sapta sapta parāvarān |
ārṣauḍhājaḥ sutastrīṃstrīn ṣaṭ ṣaṭ kāyauḍhajaḥ sutaḥ ||38||

 

The son born of the wife married by the Daiva form (absolves from sin) seven ancestors and seven des cendants; the son born of the wife married by the Ārṣa form three of each; and the son born of the wife married by the Prājāpatya form six of each. — (38)

 

 

Medhātithi’s commentary (manubhāṣya):

The girl wedded by the Daiva form of marriage is called ‘the wife married by the Daiva form:’ and the son born of her.

[In the term ‘Kāya’] ‘ka’ stands for Prajāpati; and that marriage of which he is the presiding deity is ‘Kāya.’ In reality, marriage is a sacramental rite consisting in the ‘taking’ (of the girl’s hand), and there is no connection with any deity; still Prajāpati is called its ‘deity’ only figuratively. Though it is true that there are offerings made to Prajāpati during the marriage-rites, yet, since such offerings are common to all the preceding forms of marriage also, -they cannot form the ground for the name ‘Prājāpatya’ being given to any particular form. Further, such an explanation (of the name being based upon the presiding deity) would not be available at all in the case of the names ‘Āsura’ and the rest: as at no marriage-rite are any offerings made to the Āsura and others.

The short vowel in ‘ḍha,’ in the term ‘Kāyoḍhaja,’ is in accordance with Pāṇini 6. 3.63 (where much latitude is allowed in the case of the final vowels of feminine endings).

“In the Text it is found that the marriage-form with inferior results has been mentioned after that with superior results; so that the ‘Ārṣa’ should have been mentioned after the ‘Prājāpatya’ (in verse 25).”

There is a special reason why the ‘Prājāpatya though with superior results, has been mentioned last. In verse 25 above, it has been declared that ‘of the five three are lawful, etc., etc.,’ when the ‘Prājāpatya’ is meant to be included (among those permitted for the Kṣatriya); while if the ‘Ārṣa’ were mentioned after the ‘Prājāpatya’ (on the ground of the inferior results of the former), then it would be the ‘Ārṣa’ that would become included (among those sanctioned for the ‘Kṣatriya’). — (38)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 487); — the first half is quoted in Vīramitrodaya (Saṃskāra, p. 863), where the term ‘daivoḍhāja’ is explained as ‘one born of a wife married in the Daiva form’; and it is added that the phrase ‘ātmānañca’ of the preceding verse has to be construed here also; — in Hemādri (Dāna, p. 683); — and in Smṛticandrikā (Saṃskāra, p. 228), which explains ‘Kāya’ as the Prājāpatya.’

 

Comparative notes by various authors:

Gautama (4.29-32). — ‘Three generations are purified by the Ārṣa, ten by the Daiva, and ten by the Prājāpatya.’

Viṣṇu (24.30-32). — ‘The son of the wife married in the Daiva form purifies fourteen generations; that of one married in the Ārṣa form, seven; that of one married in the Prājāpatya form, four.’

Yājñavalkya (1.59-60). — ‘The son born of the first (i.e., Daiva) form of marriage purifies fourteen generations, and that born of the second, Ārṣa form, six; that born of the Prājāpatya purifies six generations, along with oneself.’

Āśvalāyana-Gṛhyasūtra (16.1). — ‘The Daiva purifies ten past and ten future generations on both sides; the Prājāpatya purifies eight past and eight future generations on both sides; the Ārṣa purifies seven past and seven future generations on both sides.’

 

Shannaka (Vīramitrodaya-Saṃskāra, pp. 863 and 864). — ‘The son born of a girl married by the Daiva form purifies ten past and ten future generations on the father’s and on the mother’s side. The son born of the girl married by the Ārṣa form purifies seven past and seven future generations on the father’s and on the mother’s side. The son born of the girl married by the Prājāpatya form purifies eight past and eight future generations on both sides.’

Śaṅkha-Likhita (Vīramitrodaya-Saṃskāra, p. 865). — ‘The Prājāpatya-born purifies seven generations below and seven above, and also oneself; the Ārṣa-born, five; and the Daiva-born, three.’

 

 

VERSE 3.39

Section IV - The Eight Forms of Marriage

 

ब्राह्मादिषु विवाहेषु चतुर्ष्वेवानुपूर्वशः ।
ब्रह्मवर्चस्विनः पुत्रा जायन्ते शिष्टसम्मताः ॥३९॥

brāhmādiṣu vivāheṣu caturṣvevānupūrvaśaḥ |
brahmavarcasvinaḥ putrā jāyante śiṣṭasammatāḥ ||39||

 

Only from the four marriages mentioned successively, beginning with the Brāhma, are born sons endowed with Brahmic glory and respected by cultured persons. — (39)

 

Medhātithi’s commentary (manubhāṣya):

In verse 22, it has been asserted that the author was going to describe ‘the good and bad points of offsprings;’ this is what is being done now.

‘Anupūrvaśaḥ’ (successively) is an expression that authors of Smṛtis use in the sense of ‘ānupurvyeṇa.’

The honour and fame that one receives by virtue of his learning, knowledge and superior wisdom, are called ‘Brahmic glory;’ those possessed of this are called ‘endowed with Brahmic glory,’ The term ends in the Possessive affix ‘in.’

‘Respected by cultured persons’ — favoured, not hated, not ill-treated; i.e, liked. Inasmuch as the root in ‘sammata’ does not signify thinking, it does not fall under Pāṇini’s Sūtṛa.3. 2. 188; and hence the compounding does not become precluded by Pāṇiṇi 2. 2. 12; and the genitive ending in ‘śiṣṭa’ denotes mere relationship in general. — (39)

 

Explanatory notes by Ganganath Jha:

‘Śiṣṭa’ — defined under 12. 109.

This verse is quoted in Parāśaramādhava (Ācāra, p. 487); and in Vīramitrodaya (Saṃskāra, p. 865), which says that this describes the results accruing from the different forms of marriage.

It is quoted in Aparārka (p. 117) along with verses 40 and 41, which adds that all this pertains to the Brāhmaṇa; — in Hemādri (Dāna, p. 683); — in Smṛticandrikā, (Saṃskāra, p. 230); — and in Saṃskāramayūkha (p. 99).

 

Comparative notes by various authors:

(verses 3.39-42)

Viṣṇu (24.34-37). — ‘He who gives his girl in marriage by the Brāhma form goes to the regions of Brahman; by the Daiva, to Heaven; by the Ārṣa, to the regions of Viṣṇu; by the Prājāpatya, to the regions of the gods; and by the Gāndharva form, one goes to the region of the Gandharvas.’

Baudhāyana (1.11.17). — ‘It is well known that as the marriage-forms, so the offspring.’

Āpastamba-Dharmasūtra (2.12.4). — ‘To the extent that the form of marriage is the right one, to that same extent is the offspring born thereof of the right kind.’

Yama (Vīramitrodaya-Saṃskāra, p. 865). — [Reproduces the words of Manu.]

Dakṣa (Vīramitrodaya-Saṃskāra, p. 866). — ‘The reward accruing from the marrying of a girl by the right form is double in the case of her being given to a Brāhmaṇa; a hundred-thousandfold in that of her being given to a learned Brāhmaṇa; and endless in that of her being given to a thoroughly learned Brāhmaṇa.’

 

 

VERSE 3.40

Section IV - The Eight Forms of Marriage

 

रूपसत्त्वगुणोपेता धनवन्तो यशस्विनः ।
पर्याप्तभोगा धर्मिष्ठा जीवन्ति च शतं समाः ॥४०॥

rūpasattvaguṇopetā dhanavanto yaśasvinaḥ |
paryāptabhogā dharmiṣṭhā jīvanti ca śataṃ samāḥ ||40||

 

Endowed with beauty and the quality of goodness, possessing wealth, and fame, with full enjoyment and righteous, they live for a hundred years. — (40)

 

Medhātithi’s commentary (manubhāṣya):

‘Beauty’ — pleasing form.

‘Qualify of Goodness’ — which is going to be described in Discourse XII.

‘Endowed with’ these — i.e., possessing these two.

‘Possessing wealth’ — Wealthy.

‘Possessing fame’ — Well-known as possessing the qualities of learning, bravery, and so forth.

‘With full enjoyment’ — i.e., supplied with sufficient quantities of such means of enjoyment as garlands, sandal-paint, music, vocal and instrumental, and so forth.

‘Enjoyment’ stands for non-separation from the above-mentioned means of enjoyment; and those for whom this is ‘full’ — not deficient, complete — are said to be ‘with full enjoyment.’

‘Righteous,’ ‘dharmiṣṭha’ — i.e., engaged in the performance of righteous acts. The term ‘dharma,’ according to Some, is an adjective; and hence it has taken the superlative affix (‘iṣṭha’).

‘They live for a hundred years’ — (40)

 

Explanatory notes by Ganganath Jha:

‘Rūpasattvaguṇopetāḥ’ — ‘Endowed with beauty and the quality of goodness’ (Medhātithi); — ‘Endowed with beauty, goodness and other qualities’ (Govindarāja and Kullūka).

This is quoted in Vīramitrodaya (Saṃskāra, p. 865); — in Parāśaramādhava (Ācāra, p. 488); — in Aparārka (p. 115); — in Hemādri (Dāna, p. 683); — and in Smṛticandrikā (Saṃskāra, p. 230).

 

Comparative notes by various authors:

(verses 3.39-42)

See Comparative notes for Verse 3.39.

 

 

VERSE 3.41

Section IV - The Eight Forms of Marriage

 

इतरेषु तु शिष्टेषु नृशंसाऽनृतवादिनः ।
जायन्ते दुर्विवाहेषु ब्रह्मधर्मद्विषः सुताः ॥४१॥

itareṣu tu śiṣṭeṣu nṛśaṃsā'nṛtavādinaḥ |
jāyante durvivāheṣu brahmadharmadviṣaḥ sutāḥ ||41||

 

From the other remaining inferior marriages are born sons, addicted to saying harsh and untrue words, and despisers of the Vedic Dharma. — (41)

 

Medhātithi’s commentary (manubhāṣya):

From marriages other than the ‘Brahma’ and the rest — i.e., from the ‘Gāndharva,’ and the rest.

‘Those who say harsh and untrue words.’ — Angry and indecent words addressed to one’s mother and sisters, etc., are what are meant by ‘harsh words.’ The meaning of the term ‘untrue’ is well-known. ‘Nṛśaṃsa-anṛta,’ compounded copulatively, give the form ‘nṛśaṃsānṛte,’ ‘harsh and untrue.’ He who is in the habit of Saying such words is called ‘nṛśaṃsānṛtavādin,’ ‘addicted to saying harsh and untrue words.’ Such is the explanation of the compound term.

‘Brahmadharma’ is ‘Vedic Dharma,’ — i. e., the Dharma, Duty, laid down in the Veda; those who despise it, i.e., have no faith in it.

It is for this reason that these marriages have been deprecatingly called ‘inferior marriages.’ — (41)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 865); — in Parāśaramadhava (Ācāra, p. 488); — in Aparārka (p. 115); — in Hemādri (Dāna, p. 683); — in Smṛticandrikā (Saṃskāra, p. 230), which explains ‘Nṛśaṃsaḥ’ as ‘cruel,’ ‘brahmadviṣaḥ’ as ‘inimical to the Veda’; — and in Saṃskāramayūkha (p. 99), which adds the same notes.

 

Comparative notes by various authors:

(verses 3.39-42)

See Comparative notes for Verse 3.39.

 

 

VERSE 3.42

Section IV - The Eight Forms of Marriage

 

अनिन्दितैः स्त्रीविवाहैरनिन्द्या भवति प्रजा ।
निन्दितैर्निन्दिता नॄणां तस्मान्निन्द्यान् विवर्जयेत् ॥४२॥

aninditaiḥ strīvivāhairanindyā bhavati prajā |
ninditairninditā nṝṇāṃ tasmānnindyān vivarjayet ||42||

 

From unblamable marriages unblamable offspring is born to men; and from blameworthy marriages blameworthy child. One should therefore avoid the blamable marriages. — (42)

 

Medhātithi’s commentary (manubhāṣya):

This verse sums up the results of marriages briefly. Those marriages are called ‘unblamable’ which have been sanctioned by the scriptures: and the offspring — in the shape of son, etc. — born from wives wedded by those forms of marriage is ‘unblamable,’ — i.e., praiseworthy.

‘From blameworthy’ — i.e., prohibited — ‘marriages’ is born ‘blameworthy,’ defective, child.

‘Therefore’ — with the view that such children may not be born as become a source of pain, ‘one should avoid the blamable marriages’ — (42)

 

Explanatory notes by Ganganath Jha:

This verse also is quoted in Vīramitrodaya (Saṃskāra, p. 865); — in Parāśaramādhava (Ācāra, p. 865); — in Aparārka (p. 117); — and in Hemādri (Dāna, p. 684).

 

Comparative notes by various authors:

(verses 3.39-42)

See Comparative notes for Verse 3.39.

 

 

VERSE 3.43

Section IV - The Eight Forms of Marriage

 

पाणिग्रहणसंस्कारः सवर्णासूपदिश्यते ।
असवर्णास्वयं ज्ञेयो विधिरुद्वाहकर्मणि ॥४३॥

pāṇigrahaṇasaṃskāraḥ savarṇāsūpadiśyate |
asavarṇāsvayaṃ jñeyo vidhirudvāhakarmaṇi ||43||

 

In the case of girls of the same caste (as the bridegroom) the sacramental rite of “taking the hand” has been prescribed; and in that of the marriage of girls of different castes, this (following) should be known as the right procedure. — (43)

 

Medhātithi’s commentary (manubhāṣya):

The rite called ‘taking the hand,’ as described by the authors of Gṛhyasutras, has been ‘prescribed’ — laid down, mentioned by the scriptures as to be performed — ‘in the case of girls of the same caste,’ being married.

‘In the case of girls of different castes’ being married, the following is ‘to be known as the right procedure.’ — (43)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 835); — and in Smṛtitattva (II, p. 107), which latter adds that this verse makes it clear that ‘marriage’ is something distinct from the ‘holding of the hand’ (Pāṇigrahaṇa).

 

Comparative notes by various authors:

Viṣṇu (24.4). — ‘In the marriage of a girl of the same caste as himself, the hand has to be held.’

Yājñavalkya (1.62). — ‘In the case of girls of the same caste as the bridegroom, the hand is to be held.’

 

 

VERSE 3.44

Section IV - The Eight Forms of Marriage

 

शरः क्षत्रियया ग्राह्यः प्रतोदो वैश्यकन्यया ।
वसनस्य दशा ग्राह्या शूद्रयोत्कृष्टवेदने ॥४४॥

śaraḥ kṣatriyayā grāhyaḥ pratodo vaiśyakanyayā |
vasanasya daśā grāhyā śūdrayotkṛṣṭavedane ||44||

 

When being married to a man of higher caste, the Kṣatriya girl should take hold of the arrow, the Vaiśya girl of the goad and the Śūdra girl of the hem of the garment. — (44)

 

Medhātithi’s commentary (manubhāṣya):

When being wedded by a Brāhmaṇa, ‘the Kṣatriya girl should take hold of’ the arrow held in the hand of the Brāhmaṇa bridegroom; the arrow having been prescribed in place of the ‘taking of the hand.’

‘Goad’ — of oxen; it is made of iron, on being driven by which they suffer pain; just like the ‘aṅkuśa’ in the case of. elephants.

‘Of the garment’ — of the cloth, — ‘the hem should be taken hold of by the Śūdra girl, when being married to men of the Brāhmaṇa and other higher castes. (44)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 835), which adds that what is meant by the phrase ‘Kṣatriyayā grāhyaḥ’ is that ‘the Kṣatriya girl should catch hold of the arrow already held by the bridegroom,’ and so on with the rest also.

It is quoted also in Parāśaramādhava (Ācāra, p. 496); — and in Smṛtitattva (II, page 107).

 

Comparative notes by various authors:

Viṣṇu (24.6-8). — ‘In the marriage of girls of different castes, the Kṣatriya maiden should hold an arrow; the Vaiśya maiden, a goad; and the Śūdra maiden, the hem of the garment.’

Yājñavalkya (1.62). — ‘The Kṣatriya maiden should hold the arrow; and Vaiśya maiden the goad, when they are being married to the Brāhmaṇa.’

Śaṅkha (Parāśaramādhava, p. 496). — ‘The Kṣatriya girl holds an arrow; the Vaiśya girl holds a goad; the Śūdra girl, the hem of the garment; the Brāhmaṇa should hold the hand of the girl of the same caste as himself.’

Paiṭhīnasi (Parāśaramādhava, p. 490). — ‘The Brāhmaṇa should hold the hand including the thumb; the Kṣatriya girl should hold an arrow, the Vaiśya girl, a goad; and the Śūdra girl, the hem of the garment.’

 

 

VERSE 3.45 [Duties of Marital Life]

Section V - Duties of Marital Life

 

ऋतुकालाभिगामी स्यात् स्वदारनिरतः सदा ।
पर्ववर्जं व्रजेच्चैनां तद्व्रतो रतिकाम्यया ॥४५॥

ṛtukālābhigāmī syāt svadāranirataḥ sadā |
parvavarjaṃ vrajeccaināṃ tadvrato ratikāmyayā ||45||

 

One should observe the rule of approaching (one’s wife) during the period of her season, — ever attached to his own wife. In consideration of her he may approach her with a desire for sexual intercourse, except on the sacred days. — (45)

 

Medhātithi’s commentary (manubhāṣya):

Marriage has been described. Marriage having been accomplished, and the wifehood of the girl having been established, one might have the idea that he was entitled to have intercourse with her that same day; hence, with a view to preclude the possibility of this being done, the text proceeds with the following rules.

One should not have recourse to his wife immediately after marriage, on the same day; he should wait for her puberty. In fact, the authors of Gṛhyasūtras have declared that ‘after marriage, for three days or twelve days, or tor a year, the pair should take food without salt, observing continence and lying down upon the ground.’ (Āśvalayana, 1. 8. 10-12.) Hence, if puberty appears in course of the year, there should be no intercourse; similarly, even after the said time, there is to be no intercourse before puberty. In this manner, there is to inconsistency between the present text and the rule laid down by Aśvalāyana. As for the mention of the option of ‘three days,’ etc., what is meant is that, if the pair happen to be very passionate, they might adopt the lesser periods, but others should observe continence (for the full period of twelve months).

‘Season’ is that period of time during which the bodily condition of woman is marked by a flow of blood and indicates her capacity for conception. The actual sight of blood being merely an indication, even after the actual flow has ceased, the time that follows — up to the limit to be described below — is also called the ‘season.’ Or, because of the association of the name ‘season’ with the term ‘period,’ the period itself may be regarded as the ‘season;’ and in this case, we would have the appositional compound (in ‘ṛtukāla’).

The person who has resolved to approach only during the season is culled ‘one who observes the rule of approaching only during the season;’ the affix ‘ṇini’ (in gāmī) having the sense of vote or resolve, according, to Pāṇini 3. 2. 20; just as we have in the case of such terms as ‘sthaṇḍilaśāyī,’ ‘aśrāddhabhojī,’ and the like.

‘Syāt’ — should be. Even though the injunctive ending has been added to the root ‘as,’ to be, yet what it enjoins is the act of ‘approaching;’ the phrase ‘abhigāmī syāt’ being equivalent to ‘abhigacchet, ‘should approach;’ specially as, unless one does the act of approaching, he cannot become ‘abhigāmin.’

What sort of ‘rule’ is this? (a) is it that one must approach her during the ‘season?’ (b) or that he should approach her only, during the ‘season?’ That is to say, is the rule restrictive or preclusive?

“Well, the very name ‘vrata,’ ‘vow,’ indicates scriptural restriction; and the verbal affix ‘ṇini’ denotes ‘vow;’ so that why should there be any question of its being preclusive?”

Our answer to this is as follows: — We shall show later on that preclusion also is scriptural in character and restrictive in form.

“What then is the difference between the two?”

Restriction is supplementary to Injunction.

“What is Injunction?”

Injunction is that word which expresses the idea of some act to be done; e.g., in the sentence ‘one desirous of Heaven should offer the Agnihotra.’ With the exception of this sentence, there are no other words which could give us the idea of the Agnihotra as something to be done. We have ‘restriction’ in a case where the partial idea of something to be done for the purpose of a transcendental result is obtained even without the scriptural words; e.g., if we have the injunction ‘one should offer the sacrifice on even ground,’ in connection with the Daśapūrṇamāsa sacrifices, the idea of some place in general where they are to be performed is implied by the nature of the act itself; no sacrifice can be performed, except at some place; and places are of two kinds, even and uneven; now, in the event of the sacrificer happening to select an even spot [merely on the strength of the general injunction of the sacrifice], — the words, ‘should offer the sacrifice on even ground,’ become merely descriptive; but if, by reason of man’s desire being untramelled, some one were to elect to perform his sacrifice on uneven ground, then the words, ‘should offer the sacrifice on even ground,’ become useful by asserting the necessity of adopting even ground; for, when the words clearly enjoin the even ground, the avoiding of uneven ground follows directly from the fact of its not being enjoined; so that the avoiding of uneven ground is obtained from the implication of the injunction of even ground. For every performance being dependent upon injunction, wherefore could there be adoption of what is not enjoined at all? If such were adopted, there would be no accomplishment of the act in due accordance with what has been enjoined.

[ The above being an example of Restriction from Śrauta literature] we have an example from Smārta literature in the shape of the Injunction — ‘One should eat food facing the East.’ When a man is going to take food, it is open to him to face any direction he likes; so that at one time he might face the East, at another he might face the West, or any other direction; and when he would face the East, he would not face any other, while when he would face another direction he would not face the East. Hence in the event of the man electing to face another direction, the injunction that ‘one should eat food facing the East’ comes in useful; and by disobeying this, one would be transgressing a scriptural injunction.

Similarly, in the case in question, the act of approaching one’s wife at any time one chooses aṇd not approaching her during the ‘season,’ would make one open to the charge of transgressing the scriptural injunction; as he would, partially (i.e., by not approaching during ‘season,’ and by approaching out of season) be omitting to do what has been directly enjoined; and the act of approaching (out of season) would make him subject to expiation in the same manner as the transgressing of other acts enjoined in the scriptures. When it is open to one to approach one’s wife, through passion, both during ‘season’ and out of it, then we have use for such a direction as ‘one should approach one’s wife only during season, and never out of season,’ Just as the direction ‘five five-nailed animals are edible,’ has its use when it is open to man, under the influence of hunger, to eat the hare, etc., (which are permitted), as well as the monkey and the rest (which are not permitted). In this case, there is nothing to indicate that the two sets of animals may he eaten in turn (as it is possible in the case of the approaching of one’s wife during ‘season’ and also, at another time, ‘out of season’). So that in the case just cited (of the edibility of five five-nailed animals), there is possibility of both (eating of hare, etc., and eating of monkey, etc.) being done simultaneously; and hence we have the direction ‘only five five-nailed animals are edible,’ which serves to preclude the other alternative (of all five-nailed animals being eaten). And thus, in this case, we have Preclusion.

“But they say that Preclusion is beset with three defects: in every case of Preclusion three defects crop up: (1) the renouncing of its meaning, (2) the assuming of a different meaning and (3) the setting aside of what is possible.

(1) Now in the case of the words, ‘five five-nailed animals are edible,’ the idea afforded by it is in the affirmative form — ‘five five-nailed animals should be eaten:’ and this is renounced when the words are taken to mean the negativing of the eating of animals other than the five.

(2) Further, no negation is expressed by the words of the sentence; hence, when it is taken as preclusive, a meaning different from its own becomes assumed.

(3) Lastly, it being open to the hungry man to eat all animals, when the sentence is token as preclusive, that which is possible becomes set aside. These are the three defects that beset every case of preclusion.”

There is nothing in all this. If the man is hungry, the eating of animals is already open to him; so that no injunction being needed for that purpose, it is not possible for the sentence to be taken in its direct sense (that certain animals shall be eaten); and hence, in order to guard against the futility of the injunction (if token affirmatively), if it is taken in the negative sense (of preclusion), there can be no incongruity in this. It has been thus declared — ‘when what is laid down is what is absolutely unknown, it is a case of injunction; it is a case of Restriction when the course laid down is partially (i.e., optionally) possible; and it is a case of Preclusion when what is laid down is possible, as also something else.’ (Tantravārtika 1. 2. 42).

Now we have to consider what is the right view to take in regard to our text.

Since the present case fulfills the condition of Preclusion that ‘what is laid down is possible, as well as something else,’ it should be taken as a Preclusion. It is possible for the man to approach his wife ‘during the season’ as well as ‘out of season;’ but if the approaching is done ‘daring season,’ then it cannot be done ‘out of season’ at the same time (i.e., both alternatives are not possible at the same time). Just as when the man is hungry, it is open to him to eat at śrāddhas as well as not at śrāddhas; and when the rule says, ‘he should eat not at śrādḍha,’ he simply avoids eating at śrāddhas; and he does not give up all food, seeking thereby to obey the injunction of not eating at śrāddhas; — similarly, when the man has a longing for intercourse, it is open to him to have recourse to it at all times, and we understand the present rale to mean that ‘one should not approach one’s wife out of season.’ The act of approaching itself being already possible by reason of the man himself desiring it, it is only right that the sentence should be taken as laying down the proper time for that act. Otherwise, it would be prescribing something not referred to before at all. Farther, the obeying of the injunction of begetting children is possible only for one who has married; and this begetting is possible only by approaching one’s wife daring ‘season;’ so that the act of approaching daring ‘Beason’ is already rendered possible by all this. Then, again, for one who has already got a child, the act of approaching oue’s wife again for the purpose of begetting a second child cannot be regarded as being done in accordance with the injunction of begetting children, for the injunction being in the form ‘one should beget a child,’ and the singular number in ‘child’ being meant to be significant, the injunction will have been duly fulfilled by the- begetting of the first child. [Thus, then, there would be no point in the present text enjoining the act of approaching one’s wife during ‘season’]. Nor could the approaching be taken as laid down for the purpose of accomplishing a transcendental result; because it is not possible to impose upon it either the character of a sacramental rite, or that of an act for a definite result; specially, as the act of approaching during ‘season’ is already implied by the injunction of ‘begetting a child.’ From all this it follows that the statement that ‘one should approach one’s wife during season’ is meant to prohibit the act ‘out of season;’ so that, in its own(?) form, it is merely re-iterative (of what has been enjoined in regard to the begetting of a child), but in its indirect sense it is a Preclusion. And when thus taken in this indirect sense, the passage comes to serve a distinctly useful purpose.

When it is thus, taken, then this text does not conflict with what has been said in Gautama’s work. In the latter, it is asserted — ‘one should approach one’s wife during season, or at all times, with the exception of the sacred days’ (5. 1-2); and here the phrase, ‘or at all times,’ mentions an option, which permits freedom of action; and there would be no point in laying down any such rule as ‘one may do the act at all times, during season as well as out of season;’ and (as the words stand) when the preceding clause is taken as laying down the rule that ‘one should approach one’s wife during season,’ the same verb, ‘should approach,’ being construed with the subsequent phrase, ‘at all times,’ this also would have to be regarded as a rule, occurring as it does in the same context as the preceding rule; specially because, so long as the word is not actually repeated in the text (and is construed with the latter clause only as it stands in the preceding clause), no different meaning can be attributed to it. And it has already been explained that there would be no point in any restriction being imposed, apart from the ‘season.’

From all this it follows that the assertion regarding ‘approaching during season’ is meant to prohibit the act ‘out of season.’ For one who has not yet got a son, the restriction (regarding approaching during season only) is got at from a different injunction (that of begetting a child); but for one who has already got a son might do what he likes (hence the prohibition becomes useful).

The act of approaching the wife out of season having been prohibited, the text proceeds to make an exception in the case of the wife evincing a desire for intercourse — ‘In consideration of her, he may approach her, except on the sacred days.’ ‘Her’ refers to the wife. ‘In consideration of her,’ — i.e., intent upon pleasing her mind.

‘With the desire for sexual intercourse,’ ‘ratikāmyayā,’ i.e., in consideration of her wishes, — not by one’s own wish — one may approach her with a view to the pleasures of sexual intercourse, — one who has already got a son may do this during ‘season,’ and one who has not got a son may do it out of season.

Or, the pronoun ‘tat’ (in ‘tadvrataḥ’) may be construed with ‘ratikāmyayā;’ such irregular construction being permissible, in view of the work being a text-book of Smṛti. The meaning in this case would be — ‘with a view to giving her pleasure, he may approach her at other times also, except on the sacred days.’ And in this case, we might assume the presence of an ‘a,’ the term being ‘aratikāmyayā’ — i.e., ‘not with a view to giving pleasure to himself.’ But in the explanation that has been given before, there would be no use for assuming this ‘a,’ nor for construing the pronoun ‘tat’ apart from its context.

The ‘sacred days’ shall be described later on (4. 128) as — ‘the moonless day, the eighth day, the full-moon day and the fourteenth day.’

‘Attached to his own wife’ — i.e, one should be ever bent upon satisfying her. Or, it may be taken as the prohibition of having recourse to others’ wives, the meaning being — that ‘one should love one’s own wife, and should never make love to the wife of another person.’

‘Ever’ — throughout life one should observe this rule.

Thus the conclusion is that the present verse contains three statements. — (1) the first is that ‘one should approach one’s wife during season,’ which only reiterates a rule already laid down elsewhere for one who has not yet got a son; (2) the second statement is that ‘when urged by one’s wife, one should approach her with a view to sexual intercourse, during season as well as out of season, except on the sacred days;’ (3) and the third is that ‘one should be attached to one’s own wife only.’ The verbal construction would be (a) ‘one should approach one’s wife during season,’ for the purpose of begetting children; (b) ‘with a desire for sexual intercourse he should, in consideration of her, approach her;’ (c) ‘he should be attached to his own wife.’ — (45)

 

 

Explanatory notes by Ganganath Jha:

‘Tadvrataḥ’ — ‘In consideration of her’ (Medhātithi and Kullūka); — ‘careful to keep the said rule regarding the Parvas’ (Nārāyaṇa). The Parvas are described in 4.128.

This verse is quoted in Parāśaramādhava (Ācāra, p. 497), which adds the following explanation; — ‘Ṛtu’, ‘season’, is the name given to the period of sixteen days, counted from the first day of the menstrual flow, — during which the woman is capable of conceiving; — during this ‘season’ one should always approach his wife for the purpose of obtaining a child; and if is only his wife that the man should approach; — but during the ‘season’ the ‘second days’ should be avoided: — even apart from the season,one may approach his wife, when specially desired by her.

It is quoted in Vīramitrodaya (Saṃskāra, p. 162), which explains ‘tadvrataḥ’ as ‘intent upon begetting a child’; and it is added that what is meant is that ‘one should never omit to approach his wife during her season’.

Vīramitrodaya (Āhnika, p. 558) quotes the verse and adds the following notes: — ‘Ṛtu’, ‘season’, denotes the woman’s capacity of conceiving; and the time during which the capacity is present is called the ‘period of the season’ — ‘Tadvrataḥ’ means ‘who is intent upon the approaching’; — this approaching during the period beyond the ‘season’ is sanctioned with a view to guarding the impassioned woman from going astray.

This is quoted in Hemādri (Kāla, p. 724): — and in Smṛticandrikā (Saṃskāra, p. 41), which explains ‘tadvrataḥ’ as ‘bent upon getting a son’, and adds that the implication is that ‘during the period, even though the man may not be keenly desirous of intercourse, yet he should have recourse to his wife for the purpose of begetting a son’, as otherwise he would be incurring a sin.

 

Comparative notes by various authors:

(verses 3.45-50)

Gautama (5.1-2). — ‘He shall approach her during the season; or on all days except those that have been prohibited.’

Āpastamba-Dharmasūtra (2.1.15, 18). — ‘By approaching his wife during the seasons, one maintains one’s vows; even during the intervening days, ho should approach only his wife.’

Vaśiṣṭha (12.18). — ‘He should have intercourse only with his wife, during her seasons, except the forbidden days.’

Viṣṇu (69.1). — ‘He shall not approach his wife on the eighth, fourteenth and fifteenth days of the fortnight.’

Yājñavalkya (1.79-81). — ‘Sixteen are the nights of season for women; during this season, he shall lie with her on the even nights, avoiding the first four nights; acting thus, he would be as good as a Religious Student. In approaching his wife, he shall avoid the asterisms of Maghā and Mūla. Or, he may approach her according to his desire, always bearing in mind what is good for women; he should ever remain devoted to his own wife.’

Pāraskara Gṛhyasūtra (1.11.7-8). — ‘Having married her, he should go to her during her seasons; or whenever they desire.’

Hārīta (Vīramitrodaya-Āhnika, p. 559). — ‘After she has bathed on the fourth day, he shall approach her on the even nights.’

Ātharvaṇa Śruti (Parāśaramādhava, p. 497). — ‘Those who have recourse to sexual intercourse during the day, pour out their life-breath; if one has intercourse during the night, it is as good as celibacy.’

Śaṅkha-Likhita (Parāśaramādhava, p. 497). — ‘Even during the period, one shall not have intercourse during the day.’

Devala (Parāśaramādhava, p. 498). — ‘If a man, when healthy, does not approach his wife during the period, he incurs the sin of killing the embryo.’

Baudhāyana (Parāśaramādhava, p. 498). — ‘If a man approaches not his wife during the period, for three years, he incurs the sin of killing the embryo. He who approaches not his wife during the period, and who approaches her apart from the period, the sin of both is equal, as also that of the man who throws out his semen unnaturally.’

Bṛhaspati (Parāśaramādhava, p. 499). — ‘Excess of woman’s seed makes the progeny female, excess of man’s seed makes the progeny male; therefore for increasing his seed, the man shall eat oily and delicious food.’

 

 

VERSE 3.46

Section V - Duties of Marital Life

 

ऋतुः स्वाभाविकः स्त्रीणां रात्रयः षोडश स्मृताः ।
चतुर्भिरितरैः सार्धमहोभिः सद्विगर्हितैः ॥४६॥

ṛtuḥ svābhāvikaḥ strīṇāṃ rātrayaḥ ṣoḍaśa smṛtāḥ |
caturbhiritaraiḥ sārdhamahobhiḥ sadvigarhitaiḥ ||46||

 

Sixteen days, including the four days that are censured by good men, have been declared to be the normal “season” for women. — (46)

 

Medhātithi’s commentary (manubhāṣya):

The verse is meant to provide a definition of ‘season;’ and what is stated here is based upon medical science, not upon any scriptural injunctions. Similarly, the two verses beginning with the forty-eighth.

‘Sixteen days,’ in every month, constitute the ‘natural season’ for women. That ‘every month’ is meant, we gather from other sources, though it is not mentioned in this verse.

‘Normal’ — what comes by nature; i.e., what happens in the case of women in normal health; in cases of disease and such other causes, the flow is absent even when the time has arrived; and by means of such medicines as butter and sesamum, and so forth, or by excessive sexual intercourse, the flow is brought on even before time. Hence the sixteen days are called the ‘normal season.’

‘Including the four days’ — the four days that are censured by all good men, during which the touching of, and conversing with, the woman has been prohibited; these are the four days beginning with the first day on which the flow of blood becomes visible. ‘Day’ stands for ‘day and night.’

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 437) in support of the view that counting from the first day of the menses, sixteen days constitute the ‘season’, of which the first four days are condemned by good men.

Vīramitrodaya (Āhnika, p. 539) quotes this verse, and adds that the addition of the term ‘svābhāvikaḥ’, ‘normal,’ indicates that the period may vary, on account of the presence of certain diseases and other causes.

This verse is quoted also in Nirṇayasindhu (p. 166); — in Saṃskāraratnamālā (p. 680), which adds that the specification of ‘night’ implies the prohibition of intercourse during the day; — and in Smṛticandrikā (Saṃskāra, p. 38).

 

Comparative notes by various authors:

(verses 3.45-50)

See Comparative notes for Verse 3.45.

 

 

VERSE 3.47

Section V - Duties of Marital Life

 

तासामाद्याश्चतस्रस्तु निन्दितैकादशी च या ।
त्रयोदशी च शेषास्तु प्रशस्ता दशरात्रयः ॥४७॥

tāsāmādyāścatasrastu ninditaikādaśī ca yā |
trayodaśī ca śeṣāstu praśastā daśarātrayaḥ ||47||

 

Of these the first four days have been deprecated, as also the eleventh and the thirteenth, the remaining ten days have been recommended. — (47)

 

Medhātithi’s commentary (manubhāṣya):

‘Of these’ — days — ‘the first four’ — beginning from the day on which the blood is first seen — ‘have been deprecated,’ — i.e., there should be no intercourse on those days. On the first three days, even touching is prohibited, the woman being impure on those days; on the fourth day, when she has bathed, — though, according to the words of Vaśiṣṭha, she is pure — there is to be no sexual intercourse; all the four days being equally deprecated (for that purpose).

‘The eleventh and the thirteenth’ days also ‘have been deprecated,’ — i.e., on those days also intercourse has been forbidden. The ‘eleventh’ and the ‘thirteenth’ days are those counted from the first day of the flow; they do not stand for the two dates of the month; because the genitive ending in ‘tāsām,’ ‘of these,’ signifies selection; and, as the pronoun stands for ‘days,’ it must be the same thing (day) that is selected; just as in the expression, ‘of cows, the black one gives most milk.’

This prohibition of intercourse on the said six days is with a view to a transcendental result.

‘The remaining ten days have been recommended,’ — (of the sixteen days) six days having been forbidden, the commendation of the remaining ten days follows naturally; and it is this same natural conclusion that is reiterated here. — (47)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 438); — in Vīramitrodaya (Āhnika, p. 559), which adds that the ‘eleventh’ and other numbers refer to the days of the ‘season;’ the eleventh day of the ‘season’ and so forth; — and in Vidhānapārijāta (II, p. 368) which, for the first quarter, reads tāsāmāpañcataḥ sarvā, which means ‘all days till the fifth’, coming to the same thing — that the first four days are forbidden.

This verse is quoted in Aparārka (p. 104); which adds that the ‘eleventh’ and ‘thirteenth’ are meant to be the days of the ‘season’, not of the fortnight; — in Hemādri (Kāla, p. 727), which adds that the ‘eleventh’ and ‘thirteenth’ are the days, not of the fortnight, but of the ‘period’; — in Saṃskāraratnamālā (p. 682), which has the same note, adding that such is the view of Madanapārijāta; — in Smṛticandrikā (Saṃskāra, p. 38), which says that of the sixteen nights, the first four arc to be avoided; — and in Ācāramayūkha (p. 118).

 

Comparative notes by various authors:

(verses 3.45-50)

See Comparative notes for Verse 3.45.

 

 

VERSE 3.48

Section V - Duties of Marital Life

 

युग्मासु पुत्रा जायन्ते स्त्रियोऽयुग्मासु रात्रिषु ।
तस्माद् युग्मासु पुत्रार्थी संविशेदार्तवे स्त्रियम् ॥४८॥

yugmāsu putrā jāyante striyo'yugmāsu rātriṣu |
tasmād yugmāsu putrārthī saṃviśedārtave striyam ||48||

 

On the even days male children are conceived, and female ones on the uneven days; therefore one who desires a son should have recourse to ones wife on the even days of her “season.” — (48)

 

Medhātithi’s commentary (manubhāṣya):

Among the said ten days, the ‘even days’ are the sixth, the eighth, the tenth, the twelfth, the fourteenth and the sixteenth; and when one has intercourse with one’s wife on these days, sons are born to him.

‘One who desires a son should have recourse to one’s wife on the even days of her season;’ — i.e., because ‘female ones’ — i.e., daughters are conceived — ‘on the uneven days,’ — ‘therefore’ for the bringing about of the birth of sons, ‘one should have recourse to’ — have sexual intercourse with — ‘one’s wife, on the even days of her season?’

This is a mere reiteration; and it is also a restrictive rule, the meaning being that ‘one, for whom no sons have been born, should not have intercourse with one’s wife on the uneven days.’ — (48)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 438), where ‘yugmāsu’ is explained as ‘even nights’, and ‘samvishet’ as ‘should approach’; — in Vīramitrodaya (Āhnika, p. 559), which explains ‘ayugmāsu’ as ‘odd nights’, and ‘samvishet’ as ‘should approach; — also in Vīramitrodaya (Saṃskāra p. 153) in support of the view that ‘one who desires a son should approach his wife on the even nights of the period, and he who desires a daughter, on the odd nights’; and adds that though the text speaks simply of ‘nights’, yet the act should be done after midnight; and also that the special mention of the ‘night’ clearly indicates that intercourse during the day is forbidden.

Smṛtitattva quotes this verse as describing the results accruing from approaching one’s wife on certain days.

This is quoted in Aparārka (p. 103); — in Hemādri (Kāla, p. 722); — in Saṃskāramayūkha (p. 16); — in Smṛticandrikā (Saṃskāra, p. 37); — in Saṃskāraratnamālā (p. 680); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 24 b).

 

Comparative notes by various authors:

(verses 3.45-50)

 

 

VERSE 3.49

Section V - Duties of Marital Life

 

पुमान् पुंसोऽधिके शुक्रे स्त्री भवत्यधिके स्त्रियाः ।
समेऽपुमान् पुं।स्त्रियौ वा क्षीणेऽल्पे च विपर्ययः ॥४९॥

pumān puṃso'dhike śukre strī bhavatyadhike striyāḥ |
same'pumān puṃ|striyau vā kṣīṇe'lpe ca viparyayaḥ ||49||

 

A male child is born when the man’s seed is in excess, and a female child when the woman’s (is in excess); when the two are equal, there is born either a non-male or a boy and a girl; when it is weak and small in quantity, there is failure. — (49)

 

Medhātithi’s commentary (manubhāṣya):

‘Seed’ — the man’s semen, and the woman’s ovule. Says the revered Vaśiṣṭha — ‘man is the product of semen and ovule’ (15.1).

When the man’s ‘seed’ is in excess of the woman’s, then, even on the uneven days, a male child is conceived; similarly, on the even days also a female child becomes conceived, if the woman’s ‘seed’ happens to be in excess.

This statement is meant to lead the man seeking for a son to have intercourse with his wife on the uneven days also; the sense of the instruction being that — when the man finds that by the use of aphrodisiacs and strengthening food he has become vigorous in his virility, and that his wife has, for some reason or other, become weak, then he should have intercourse with her, when desirous of getting a son.

The ‘excess’ meant here is not that in quantity, but that in virility.

When the two are equal, there in burn either a non-male, or a boy and a girl, together. ‘Non-male’ stands for the hermaphrodite, according to some people.

Some people read ‘sāmye;’ and it means that ‘in case of equality of both, a non-male is born.’

‘Or a boy and a girl’ — When the wind in the womb stirs up the mixed semen and ovula and divides it into two equal parts — a small quantity in -one part, and an equal quantity in another part of the womb, — then twins are born; and in those two equal parts also, in that part where the woman’s seed happens to be in excess the girl is born, while in the other part, where the male’s seed is in excess, the boy is born.

When the seed is weak — in virility — then ‘there is failure;’ either non-conception, or the birth of a hermaphrodite. — (49)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 499), which remarks that in the second line the words are ‘same apumān’; — and in Smṛtitattva (p. 617).

Vīramitrodaya (Saṃskāra, p. 160) quotes this verse and adds the following notes: — ‘Śukra’ in the man’s case is semen; and in that of the woman, the red ovule; — Vaśiṣṭha has declared that the human body is made up of the semen and the ovule; — if the man’s seed happens to be in excess of the woman’s, then the child is male, even though the sexual intercourse might have taken place on an odd day of the period; but with this difference that the male child born under such circumstances would have an effeminate body; — in the event of the woman’s seed being in excess of the man’s the child is female, even though the intercourse might have taken place on an even day of the period; but in this case the female child would have a masculine body; — and the reason for this mixed character consists in the fact that the effect of the seed, which is the material cause of the child’s body, is more potent than that of the time of conception, which is only a ‘concomitant cause’; — when the two seeds are in equal quantity, the child is either ‘non-male’ i.e., a eunuch, or a boy and girl — i.e., twins, — this latter being caused by the bifurcation of the seed at the time of emission, leading to two portions of it falling on two different parts of the womb.

The verse is also quoted in the Āhnika section (p. 559) of Vīramitrodaya where we find the following notes: —

‘Same’ — when the man’s seed and the woman’s are equal — there is born either a non-male, a eunuch, or ‘a boy and girl’; — the seeds being bifurcated into two parts in.equal quantities, twins, consisting of one boy and one girl, are born; — ‘Kṣīṇe’ — when the seed is weak, — and ‘alpe’ — small in quantity, there is ‘viparyaya’ — failure of conception.

This is quoted in Saṃskāramayūkha (p. 16), which adds that if the intercourse takes place on an ‘even’ day but the proportion of the woman’s ‘seed’ is larger, then the child will be a female one, but with masculine features; and if it takes place on an odd day and the proportion of the man’s ‘seed’ is larger, then the child will be a male one, but with feminine features; — in Saṃskāraratnamālā (p. 683), which explains ‘apumān’ as ‘sexless’ and there are two children, one male and another female, if the seed become divided; — in Nṛsiṃhaprasāda (Saṃskāra, p, 25a); — and in Smṛticandrikā (Saṃskāra, p. 40) which explains ‘Same’ as ‘when there is equality of the two-seeds,’ and adds the same notes as those in the Mayūkha.

 

Comparative notes by various authors:

(verses 3.45-50)

See Comparative notes for Verse 3.45.

 

 

VERSE 3.50

Section V - Duties of Marital Life

 

निन्द्यास्वष्टासु चान्यासु स्त्रियो रात्रिषु वर्जयन् ।
ब्रह्मचार्येव भवति यत्र तत्राश्रमे वसन् ॥५०॥

nindyāsvaṣṭāsu cānyāsu striyo rātriṣu varjayan |
brahmacāryeva bhavati yatra tatrāśrame vasan ||50||

 

‘By avoiding women on the forbidden days and also on the eight other days, one remains a “religious student” (observing the vow of continence), in whatever stage of life he may happen to be.” — (50)

 

Medhātithi’s commentary (manubhāṣya):

‘Forbidden days’ — i.e., the six mentioned above.

‘Other eight days’ — which have not been forbidden.

He who avoids women on these days, and has recourse to her on the remaining two days — avoiding the sacred days — then ‘he remains a religious student etc.’ — i.e., he obtains the fruits of continence.

‘In whatever stage of life he may happen to be,’ — this is an exaggeration. Certainly, intercourse with women on two days could never be permitted for the Recluse; for the simple reason that it has been strictly enjoined that one should keep one’s sexual organs in complete check, in all stages of life, except that.of the Religious Student. As for the repetition (in the phrase, ‘yatra tatra’), this is explicable as occurring in an exaggerated statement.

The text does not menu that the fourteen days are to be avoided in the order in which they are mentioned; all that is meant is that one should not think that one may have intercourse whenever one chooses, only leaving off the sacred days; and it is in this sense that only two days have been permitted.

“What is the fruit of continence?”

Since we do not find any particular fruit mentioned (as resulting from continence), it must be taken to be Heaven. But in some places we find it asserted that ‘the student observing the vow of continence never incurs sin;’ which means that he is not tainted by sins accruing from minor transgressions.

 

Explanatory notes by Ganganath Jha:

‘Yatra tatrāśrame vasan’ — ‘In whatever life-stage he may be’; i.e., ‘whether he be a householder or a hermit Vānaprastha’ (Kullūka and Nārāyaṇa). — According to Medhātithi, this is a mere arthavāda, and what is said does not apply to any one except the householder; — Govindarāja does not, like Kullūka, restrict the extension to the Hermit (Vānaprastha) only, he includes the Renunciate (Yati) also. Buhler remarks that ‘Kullūka justly ridicules the last opinion’; but Kullūka’s own opinion is only a shade less ridiculous than Govindarāja’s. (See the following note, for a good explanation).

This verse is quoted in Vīramitrodaya (Āhnika, p. 559), where the foilwing notes are added: — ‘Nindyāsu rātriṣu’ — on the first four days, the, eleventh day and the thirteeenth day; — ‘anyāsu ratriṣu — on any other eight days from among those not forbidden; — if one avoids women, — i.e, approaching them only on two days, — the man remains ‘a continent religious Student’; — i.e., he derives the results obtainable by continence; — ‘Yatra tatrāśrame’ — i.e., even though he is a Householder, he gets all that is obtainable by the chaste Student.

 

Comparative notes by various authors:

(verses 3.45-50)

See Comparative notes for Verse 3.45.

 

 

VERSE 3.51 [Rules Regarding Marriage]

Section VI - Rules Regarding Marriage

 

न कन्यायाः पिता विद्वान् गृह्णीयात् शुल्कमण्वपि ।
गृह्णंशुल्कं हि लोभेन स्यान्नरोऽपत्यविक्रयी ?? ॥५१॥

na kanyāyāḥ pitā vidvān gṛhṇīyāt śulkamaṇvapi |
gṛhṇaṃśulkaṃ hi lobhena syānnaro'patyavikrayī ?? ||51||

 

The girl’s father, if wise, should not accept even a small consideration; by accepting a consideration, through greed, the man becomes a child-seller. — (51).

 

Medhātithi’s commentary (manubhāṣya):

This verse prohibits the receiving ‘of consideration’ in connection with the ‘Āsura’ form of marriage; that this is so, is indicated by the fact that later on (in 54) the acceptance of a dowry for the bride is permitted.

‘Wise’ — i.e., knowing the impropriety of accepting the gift.

The girl’s father shall not accept even a small present; by accepting it, he becomes tainted with the sin of child-selling.

“What is it that is called ‘Śulka,’ ‘consideration?’”

It is what is received from the bridegroom on stipulation. When there is a bargaining, carried on in consideration of the good or bad qualities of the bride, — it is a case of pure ‘selling;’ what is referred to here is the acceptance of even a small present — though the bride is possessed of most excellent qualities, — that also without any stipulation.

This (acceptance of unequal price) is not a condition of ‘sale’ proper; the act is only deprecated by being described as being of the nature of ‘selling.’ — (51)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 851), which deduces from the word ‘lobhena,’ ‘through greed,’ the conclusion that if something is received without greed on the part of the father, it is not the ‘price,’ but only an honorific present to the bridegroom; and in support of this it quotes Manu 3.54; — in Vyāvahāra-Bālambhaṭṭī (p. 761); — and in Smṛticandrikā (Saṃskāra, p. 232); — and by Jīmūtavāhana (Dāyabhāga, p. 151).

 

Comparative notes by various authors:

Baudhāyana (1.11.21). — ‘Those persons who, deluded by greed, give away their daughters for a consideration, are soul-sellers, sinful and grave sinners, and up to their seventh generation, they fall into hell.’

Āpastamba Dharmasūtra (2.13.11). — ‘In connection with marriage, a gift to the girl’s guardian has been prescribed with a view to securing a special end, and for a righteous purpose; therefore one should present to the girl’s guardian a chariot and a hundred cows; which present joins the couple in wedlock; the applying of the name selling to such giving of the girl is a mere declamation; because the acceptance of the present is for a righteous purpose.’

 

 

VERSE 3.52

Section VI - Rules Regarding Marriage

 

स्त्रीधनानि तु ये मोहादुपजीवन्ति बान्धवाः ।
नारीयानानि वस्त्रं वा ते पापा यान्त्यधोगतिम् ॥५२॥

strīdhanāni tu ye mohādupajīvanti bāndhavāḥ |
nārīyānāni vastraṃ vā te pāpā yāntyadhogatim ||52||

 

Those relations who, through folly, live upon the bride’s properties — even the bride’s conveyances and clothes — are sinners and fall into the lowest state. — (52)

 

Medhātithi’s commentary (manubhāṣya):

This verse is supplementary to the foregoing verse.

‘Bride’s properties’ — i.e., those properties that are received from the bridegroom for the sake of the bride; ‘the relations’ — fathers and others — ‘who, through folly, live upon’ them; — as described above (in verse 31)

‘The’ property here spoken, of is that in the form of gold and silver.

‘Bride’s conveyances’ — such as the horse and the rest.

‘Clothes;’ — even such paltry things as clothes and conveyances should not be lived upon, — what to say of more valuable properties?

The text proceeds to describe what befalls those who do live upon such properties, — they are ‘sinners — and by doing what is prohibited in the scriptures — ‘they fall into the lowest state’ — i.e., into hell.

Or, ‘bride’s properties’ may be taken in the sense, in which it is going to be described in Discourse 9 below. Those who, through folly, live upon those properties; — the ‘relations,’ in this case, would stand for the girl’s father and his kinsmen, as also the husband and his relations. Similarly, with ‘conveyances’ and ‘clothes the ‘clothes’ also those belonging to the bride; this connection being assumed on the basis of the proximity of the term ‘bride’ (in the compound term ‘bride’s conveyances’); just as in the case of the use of expression, ‘royal servant,’ if some one asks, ‘whose?,’ — this is taken to mean ‘of what king?’ — (52)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 851), which deduces from the word ‘lobhena,’ ‘through greed,’ the conclusion that if something is received without greed on the part of the father, it is not the ‘price,’ but only an honorific present to the bridegroom; and in support of this it quotes Manu 3.54; — in Vyāvahāra-Bālambhaṭṭī (p. 761); — and in Smṛticandrikā (Saṃskāra, p. 232); — and by Jīmūtavāhana (Dāyabhāga, p. 151).

 

Comparative notes by various authors:

Āpastamba-Smṛti (9.27). — [Reproduces Manu’s words, only substituting ‘svarṇam yānāni’ for ‘nārīyānāni.’]

 

 

VERSE 3.53

Section VI - Rules Regarding Marriage

 

आर्षे गोमिथुनं शुल्कं के चिदाहुर्मृषैव तत् ।
अल्पोऽप्येवं महान् वाऽपि विक्रयस्तावदेव सः ॥५३॥

ārṣe gomithunaṃ śulkaṃ ke cidāhurmṛṣaiva tat |
alpo'pyevaṃ mahān vā'pi vikrayastāvadeva saḥ ||53||

 

Some people declare that the bovine pair are the “consideration” (to be accepted) in the Ārṣa form of marriage. This is not true; for small or large, the act becomes a ‘selling’ all the same. — (53)

 

Medhātithi’s commentary (manubhāṣya):

‘Bovine pair’ — i.e., a cow and a bull.

Some people declare that this ‘consideration’ should be accepted.

Manu’s opinion, however, is that ‘this is not true;’ i.e., it should not be accepted.

‘Small’ — i.e., accomplished by small means; similarly with ‘large.’ It is ‘selling’ all the same. — (53)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 489), which adds the following explanation: — The ‘gomithuna,’ ‘bovine pair,’ (given by the bridegroom in the Ārṣa marriage) has been called by some people the ‘price’ paid for the girl; — but ‘this is not true,’ — i.e., it cannot be regarded as the ‘price’, as it does not posses that character; the ‘price’ of a thing is always an indefinite factor; as is found in every sale-transaction, the price can never be definitely fixed; that which suffices for buying a thing is called its ‘price’; and this varies with time and place. In the present case, however, the amount is definitely fixed; it is the ‘Ārṣa’ marriage when only the ‘cow-pair’ is given, neither more nor less. Thus there being no real buying in this case, the Ārṣa marriage must be regarded as lawful.

Madanapārijāta (pp. 155-156) takes the verse somewhat differently: It says that if the ‘cow-pair’ given by the bridegroom is taken by the bride’s father himself, then it is a clear case of ‘selling’ the girl; but there would be nothing wrong if the present were accepted by him on behalf of the bride, as is clear from the next verse.

Vīramitrodaya (Saṃskāra, p. 849) quotes it in support of the view that the ‘cow pair’ given in the Ārṣa marriage is not the ‘price’; though it must come to be so regarded if it is taken through greed, as has been made clear by Verse 51 above.

This verse is also quoted in Vidhānapārijāta (p. 759) in support of the view that the Ārṣa marriage involves no ‘selling’ of the girl, — and it reproduces the arguments adduced by Parāśaramādhava (above).

It is quoted in Saṃskāraratnamālā (p. 479), which has the same note as Parāśaramādhava (above); but makes things clear by reading ‘Kriyate tāvataiva saḥ’, which lends itself to the desired interpretation much more easily than the reading ‘vikrayastāvadeva saḥ,’ which calls the transaction pure ‘selling’; — and in Smṛticandrikā (Saṃskāra p. 231), which explains ‘mṛsā’ as ‘false,’ and declares that the marriage is unrighteous, in as much as it involves ‘selling’, the cow-pair being the price and not mere śulka or ‘fee.’

 

Comparative notes by various authors:

Mahābhārata (13.80.20-21). — [Reproduces Manu’s words and adds] — ‘though this has been done by some persons, yet it is not the Eternal Law; because such action is found, in many cases, to he due to greed.’

Vaśiṣṭha (1.36). — ‘Therefore, when the present of a chariot and a hundred cows is made, it is known as selling.’ Apastamba-Dharmasūtra (2.13.11). — [See under verse 51.]

Mahābhārata (13.45.20). — (Same as Manu.)

 

 

VERSE 3.54

Section VI - Rules Regarding Marriage

 

यासां नाददते शुल्कं ज्ञातयो न स विक्रयः ।
अर्हणं तत् कुमारीणामानृशंस्यं च केवलम् ॥५४॥

yāsāṃ nādadate śulkaṃ jñātayo na sa vikrayaḥ |
arhaṇaṃ tat kumārīṇāmānṛśaṃsyaṃ ca kevalam ||54||

 

In the case of girls whose relations do not appropriate the bride’s gift, it is not “selling;” It is only a means of honouring the maidens and is entirely harmless. — (54)

 

Medhātithi’s commentary (manubhāṣya):

The question being — “Does the mere act of receiving gifts from the bridegroom make the marriage a sale?” — our answer is that it is not so; it is when the ‘relations’ of the bride, — i.e., those in charge of her — accept gifts for themselves, then alone it is ‘selling.’

‘Means of honouring’: — The receiving of presents on behalf of brides becomes a means of honouring them; it raises the girls in their own estimation; they come to think that ‘we are so good that we are being married after receiving proper presents;’ they rise in the estimation of the people also, who look upon such brides as very ‘handsomely fortunate.’ Or, when out of the presents received ornaments are made for them, and they are decked in them, they look beautiful.

‘Harmless’ — it involves no sin; i.e., there is not the slightest taint of sin in this act.

What this exaggerated statement indicates is that the accepting of presents on behalf of the bride is permitted. — (54).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 850) in support of the view that if the ‘cow-pair’ given by the bridegroom in the Ārṣa marriage is accepted, not in greed, — then it is to be looked upon only as a means of honouring the bride, and not as a ‘price’ paid for her. It explains the word ‘ānṛśaṃsyam’ as ‘not sinful.’

Madanapārijāta (p. 156) also quotes it in support of the view that if the ‘cow-pair’ is accepted on behalf of the bride, there is nothing wrong in it, — the verse being explained as follows — That ‘consideration’ which is accepted on behalf of the bride, constitutes the ‘honouring’ of the girl, and as such is not sinful; — i.e., the ‘consideration’ thus received should be handed over to the girl.

It is quoted in Saṃskāramayūkha (p. 100), which explains ‘ānṛśaṃsyam’ as ‘honest dealing’; — in Saṃskā raratnamālā (p. 479) winch explains ‘ānṛśaṃsyam’ as ‘not sinful — and in Smṛticandrikā (Saṃskāra, p. 233), which explains the meaning as ‘what is received as fee for the girl, that is only a present to the bride,’ — and is ‘ānṛśaṃsyam’, ‘nothing sinful.’

 

Comparative notes by various authors:

Mahābhārata (Anuśā. 81.1-2; also 13.46.1-2). — ‘People learned in ancient lore quote the words of Prācetasa to the effect that in cases where the relations do not appropriate anything for themselves, it is not selling, it is only a method of honouring the girls, and as such, entirely harmless and righteous; the whole of the present received should he made over to the girl.’

 

 

VERSE 3.55

Section VI - Rules Regarding Marriage

 

पितृभिर्भ्रातृभिश्चैताः पतिभिर्देवरैस्तथा ।
पूज्या भूषयितव्याश्च बहुकल्याणमीप्सुभिः ॥५५॥

pitṛbhirbhrātṛbhiścaitāḥ patibhirdevaraistathā |
pūjyā bhūṣayitavyāśca bahukalyāṇamīpsubhiḥ ||55||

 

These shall be honoured and adorned by their fathers and brothers, husbands and brothers-in-law, who are desirous of their own welfare. — (55)

 

Medhātithi’s commentary (manubhāṣya):

The bride’s relations are not only to receive presents for her from the bridegroom; they themselves shall make presents to her.

‘Fathers’ — through association, the term ‘father’ here includes the grandfather, uncle, etc., also; hence the plural number; or, the plural number may be explained as referring to several individual brides.

Similarly, ‘husbands’ may stand for father-in-law, &c.; or, it may refer to several individual girls.

‘Brothers-in-law’ — the husband’s brothers.

‘Shall be honoured’ — during rejoicings in connection with the birth of sons, &c., they should be invited, welcomed and received with honour and feasting.

‘Shall be adorned’ — should be decked with clothes, ornaments, unguents, and so forth.

The effect of all this is next indicated — ‘welfare what is desirable, i.e., being endowed with children, wealth, &c., good health, freedom from troubles, and so forth: Those who are desirous of all this — i.e., of obtaining all this (should do what is said above).

The injunction contained in this verse has been set forth for the purpose of indicating this reward. — (55)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 506), in support of the view that the wife, whether young or old — should always be respected, ‘worshipped’; but it adds that this does not apply to the unchaste wife, for whom one should provide just enough to keep her body and soul together.

 

Comparative notes by various authors:

Yājñavalkya (1.82). — ‘Women should be honoured with ornaments, clothes and food, by their husbands, brothers, fathers, parental relations, mothers-in-law, fathers-in-law, brothers-in-law and maternal relations.’

Mahābhārata (Anuśā.) (also 13.46.3). — ‘Women should he honoured and fondled by their fathers, brothers, fathers-in-law and brothers-in-law — if these are desirous of their own welfare.’

 

 

VERSE 3.56

Section VI - Rules Regarding Marriage

 

यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः ।
यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः ॥५६॥

yatra nāryastu pūjyante ramante tatra devatāḥ |
yatraitāstu na pūjyante sarvāstatrāphalāḥ kriyāḥ ||56||

 

Where women are honoured, there the gods rejoice; where, on the other hand, they are not honoured, there all rites are fruitless. — (56)

 

Medhātithi’s commentary (manubhāṣya):

‘The gods rejoice’ — are satisfied, pleased; and being pleased, they bestow upon the master of the house desirable rewards.

‘Where they are not honoured, all rites are fruitless’ — ; sacrifices, libations and charities, — gifts made with the motive of pleasing the gods, — all such acts, though done, become fruitless.

This is a commendatory exaggeration. — (56)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 506); — in Vivādaratnākara (p. 417) as explaining the reason why women should be honoured; — and in Aparārka (p. 17).

 

Comparative notes by various authors:

Mahābhārata (Anuśā. 46.5-6). — ‘O king, women should be always honoured and fondled; where women are honoured, there the gods rejoice; where they are not honoured, there all rites are fruitless.’

 

 

VERSE 3.57

Section VI - Rules Regarding Marriage

 

शोचन्ति जामयो यत्र विनश्यत्याशु तत् कुलम् ।
न शोचन्ति तु यत्रैता वर्धते तद् हि सर्वदा ॥५७॥

śocanti jāmayo yatra vinaśyatyāśu tat kulam |
na śocanti tu yatraitā vardhate tad hi sarvadā ||57||

 

Where the female relations live in grief, the family soon wholly perishes; but that family where they are not unhappy ever prospers. — (57)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

Vivādaratnākara (p. 417.) explains ‘jāmayaḥ’ as ‘ladies of the family; sisters, daughters-in-law, and so forth’.

 

Comparative notes by various authors:

Mahābhārata (Anuśā. 46.6). — ‘Where the ladies are aggrieved, that family becomes doomed.’

 

 

VERSE 3.58

Section VI - Rules Regarding Marriage

 

जामयो यानि गेहानि शपन्त्यप्रतिपूजिताः ।
तानि कृत्याहतानीव विनश्यन्ति समन्ततः ॥५८॥

jāmayo yāni gehāni śapantyapratipūjitāḥ |
tāni kṛtyāhatānīva vinaśyanti samantataḥ ||58||

 

The houses on which female relations, not being duly honoured, pronounce a curse, perish completely, as if destroyed by magic. — (58)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

This verse is quoted in Parāśaramādhava (Ācāra, p. 506); in Vivādaratnākara (p. 417); — and in Aparārka (p. 107), which explains ‘Jāmayaḥ’ as, ‘bhaginyaḥ’ and adds that it includes the daughter, daughter-in-law and others.

 

Comparative notes by various authors:

Mahābhārata (Anuśā. 46.7). — ‘Houses cursed by women are as if struck down by malignant spirits; such houses neither shine nor prosper; and they are devoid of all prosperity — O king.’

 

 

VERSE 3.59

Section VI - Rules Regarding Marriage

 

तस्मादेताः सदा पूज्या भूषणाच्छादनाशनैः ।
भूतिकामैर्नरैर्नित्यं सत्कारेषूत्सवेषु च ॥५९॥

tasmādetāḥ sadā pūjyā bhūṣaṇācchādanāśanaiḥ |
bhūtikāmairnarairnityaṃ satkāreṣūtsaveṣu ca ||59||

 

Hence men who seek (their own) welfare, should always honour women on holidays and festivals with (gifts of) ornaments, clothes, and (dainty) food. — (59)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

‘Satkāreṣu’ — ‘On holidays’ (Govindarāja, Kullūka, and Rāghavānanda); — Reading ‘Satkāreṇa’, Nārāyaṇa explains it as ‘by kind speech’.

This verse is quoted in Vivādaratnākara (p. 418); — and in Parāśaramādhava (Ācāra, p. 506).

 

Comparative notes by various authors:

Mahābhārata (Anuśā. 46.15). — ‘The women are like the Goddess of Wealth: they should be respected by the man desiring his own welfare; when loved and fondled, woman becomes the veritable Goddess of Prosperity.’

 

 

VERSE 3.60

Section VI - Rules Regarding Marriage

 

सन्तुष्टो भार्यया भर्ता भर्त्रा भार्या तथैव च ।
यस्मिन्नेव कुले नित्यं कल्याणं तत्र वै ध्रुवम् ॥६०॥

santuṣṭo bhāryayā bhartā bhartrā bhāryā tathaiva ca |
yasminneva kule nityaṃ kalyāṇaṃ tatra vai dhruvam ||60||

 

In that family, where the husband is pleased with his wife and the wife with her husband, happiness will assuredly be lasting. — (60)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

This verse is quoted in Vivādaratnākara (p. 421); — and in Parāśaramādhava (Ācāra, p, 506).

 

 

VERSE 3.61

Section VI - Rules Regarding Marriage

 

यदि हि स्त्री न रोचेत पुमांसं न प्रमोदयेत् ।
अप्रमोदात् पुनः पुंसः प्रजनं न प्रवर्तते ॥६१॥

yadi hi strī na roceta pumāṃsaṃ na pramodayet |
apramodāt punaḥ puṃsaḥ prajanaṃ na pravartate ||61||

 

For if the wife is not radiant with beauty, she will not attract her husband; but if she has no attractions for him, no children will be born. — (61)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

(verse 3.61-62). — These verses are quoted in Vivādaratnākara (p. 421).

 

Comparative notes by various authors:

Mahābhārata (Anuśā. 46.4). — [Reproduces Manu.]

Mahābhārata (Anuśā. 46.4). — [See the whole of Adhyāya 46 of Anuśāsana Parva.]

 

 

VERSE 3.62

Section VI - Rules Regarding Marriage

 

स्त्रियां तु रोचमानायां सर्वं तद् रोचते कुलम् ।
तस्यां त्वरोचमानायां सर्वमेव न रोचते ॥६२॥

striyāṃ tu rocamānāyāṃ sarvaṃ tad rocate kulam |
tasyāṃ tvarocamānāyāṃ sarvameva na rocate ||62||

 

If the wife is radiant with beauty, the whole house is bright; but if she is destitute of beauty, all will appear dismal. — (62)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

(verse 3.61-62). — These verses are quoted in Vivādaratnākara (p. 421).

 

 

VERSE 3.63

Section VI - Rules Regarding Marriage

 

कुविवाहैः क्रियालोपैर्वेदानध्ययनेन च ।
कुलान्यकुलतां यान्ति ब्राह्मणातिक्रमेण च ॥६३॥

kuvivāhaiḥ kriyālopairvedānadhyayanena ca |
kulānyakulatāṃ yānti brāhmaṇātikrameṇa ca ||63||

 

By low marriages, by omitting (the performance of) sacred rites, by neglecting the study of the Veda, and by irreverence towards Brahmanas, (great) families sink low. — (63)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 589) as enumerating the causes leading to the degradation of families; — and in Smṛticandrikā (Saṃskāra, p. 232).

 

Comparative notes by various authors:

Baudhāyana (1.5.82). — ‘By the omission of sacrifice and of marriage, and by the rejection of Veda, the family ceases to be a family; also by the ill-treating of the Brāhmaṇa.’

 

 

VERSE 3.64

Section VI - Rules Regarding Marriage

 

शिल्पेन व्यवहारेण शूद्रापत्यैश्च केवलैः ।
गोभिरश्वैश्च यानैश्च कृष्या राजोपसेवया ॥६४॥

śilpena vyavahāreṇa śūdrāpatyaiśca kevalaiḥ |
gobhiraśvaiśca yānaiśca kṛṣyā rājopasevayā ||64||

 

By (practising) handicrafts, by pecuniary transactions, by (begetting) children on Sudra females only, by (trading in) cows, horses, and carriages, by (the pursuit of) agriculture and by taking service under a king. — (64)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 589) as setting forth further causes for the degradation of a Brāhmaṇa family; — also in Vidhānapārijāta (p. 676) to the same effect; — and in Smṛticandrikā (Saṃskāra, p. 208), which explains that the selling of ‘cows’ and ‘horses’ is what is meant here.

 

Comparative notes by various authors:

(verses 3.64-66)

Baudhāyana (1.5.84). — ‘Through cows, houses and conveyances, through agriculture and through serving the king, families cease to be families; as also those that are devoid of the Veda; those families on the other hand that are rich in the Veda, — even though possessed of little wealth, come to be numbered among families and acquire great fame.’

 

 

VERSE 3.65

Section VI - Rules Regarding Marriage

 

अयाज्ययाजनैश्चैव नास्तिक्येन च कर्मणाम् ।
कुलान्याशु विनश्यन्ति यानि हीनानि मन्त्रतः ॥६५॥

ayājyayājanaiścaiva nāstikyena ca karmaṇām |
kulānyāśu vinaśyanti yāni hīnāni mantrataḥ ||65||

 

By sacrificing for men unworthy to offer sacrifices and by denying (the future rewards for good) works, families, deficient in the (knowledge of the) Veda, quickly perish. — (65)

(Note: the above is an alternate translation by George Bühler)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

This verse is quoted in Vidhānapārijāta (p. 676) as setting forth the causes of the degradation of families; and it explains ‘mantrataḥ’ as ‘vedaiḥ’, ‘in Veda’; — also to the same effect, in Vīramitrodaya (Saṃskāra, p. 589); — and in Smṛticandrikā (Saṃskāra p. 208).

 

Comparative notes by various authors:

(verses 3.64-66)

See Comparative notes for Verse 3.64.

 

 

VERSE 3.66

Section VI - Rules Regarding Marriage

 

मन्त्रतस्तु समृद्धानि कुलान्यल्पधनान्यपि ।
कुलसङ्ख्यां च गच्छन्ति कर्षन्ति च महद् यशः ॥६६॥

mantratastu samṛddhāni kulānyalpadhanānyapi |
kulasaṅkhyāṃ ca gacchanti karṣanti ca mahad yaśaḥ ||66||

 

(Note: the following is an alternate translation by George Bühler)

But families that are rich in the knowledge of the Veda, though possessing little wealth, are numbered among the great, and acquire great fame. — (66)

 

Medhātithi’s commentary (manubhāṣya):

[Verses 57 to 66 have been omitted by Medhātithi.]

 

Explanatory notes by Ganganath Jha:

Verses 57 — 66 are omitted by Medhātithi. [Query — are they interpolations?] “These are very probably a later addition. The corresponding section in the Mahābhārata, 13.46 stops right here also.” — Hopkins. They are all quoted in Vivādaratnākara and in Parāśaramādhava.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 590), as describing the conditions leading to the elevation of a family.

 

Comparative notes by various authors:

(verses 3.64-66)

See Comparative notes for Verse 3.64.

 

 

VERSE 3.67 [Duties of the Householder]

Section VII - Duties of the Householder

 

वैवाहिकेऽग्नौ कुर्वीत गृह्यं कर्म यथाविधि ।
पञ्चयज्ञविधानं च पक्तिं चान्वाहिकीं गृही ॥६७॥

vaivāhike'gnau kurvīta gṛhyaṃ karma yathāvidhi |
pañcayajñavidhānaṃ ca paktiṃ cānvāhikīṃ gṛhī ||67||

 

In the marriage-fire the householder should perform the ‘gṛhya’ rites; as also the rite of the ‘five sacrifices’ and the daily cooking. — (67)

 

Medhātithi’s commentary (manubhāṣya):

The section on Marriage is finished.

In the fire in which the marriage-rites have been performed, one should perform the ‘Gṛhya rites,’ — i.e., rites that have been prescribed by the authors of Gṛhyasūtras as to be performed with the help of fire; e.g., the Aṣṭakā śrāddha, the Pārvaṇaśrāddha, Libations, and so forth.

‘Five sacrifices’ — to be described later on; — ‘the rite,’ the performance of these — (should be done) in that same fire.

“Though the text speaks of the ‘five sacrifices’ without any specification, yet (among them) the Vaiśvadeva-offering alone is to be made in the fire; in the offering of the water-libations, etc., there is no need for the fire. Why then should the text speak of the ‘rite of five sacrfices’ as to be performed in the fire?”

Some people explain that, though the locative ending is one only, yet it may be regarded as diverse in reference to the diversity in the objects; hence, in the present context, the term ‘five sacrifices’ has been used in the sense of a part only of the five sacrifices.’

Or (another explanation is that), the phrase, ‘in the f ire,’ is not to be construed with the ‘rite of the five sacrifices,’ — the Vaiśvadeva-offering, which is made into fire, being already included in the preceding phrase (‘gṛhya rite ’). The construction in this case would be — ‘the Householder should perform the rite of the five sacrifices, and in the Marriage-fire he should perform the gṛhya or domestic rites, as also the daily cooking.’

The term ‘gṛha,’ house,’ denotes wife; hence what is meant is that the ‘householder,’ i.e., one, who has married a wife, should perform the rites, in association with one’s wife.

Some writers on the Gṛhyasūtras have declared that at marriage, fire should be produced by the friction of two sticks; while, according to others, one may bring burning fire from anywhere he likes and make his offerings into that.

The injunction that the domestic rites shall be performed in the marriage-fire implies that the fire kindled at marriage shall be kept up.

On this point some people make the following observations: — The maintaining of the marriage-fire should be necessary for the Śūdra also; as for him. also the performance of the ‘Pākayajña’ has been ordained; nor does the present text specify any particular caste; all that is found is the general term ‘householder,’ and the Śūdra also is a ‘householder,’ the marrying of a wife being prescribed for him also. This is what has beeu declared elsewhere (in Yājñavalkya, Ācāra, 97) — ‘The householder should everyday perform the smārta rites in the marriage-tire.’”

Our answer to the above is as follows: — What has been declared is that ‘Gṛhya rites are to be performed in the marriage-fire;’ but there is no special rite named ‘gṛhya;’ hence the name ‘gṛhya’ should be taken as indirectly indicating the rites prescribed by writers on Gṛhyasūtras; and these writers have prescribed the rites for the three higher castes only, and not for the Śūdra. In fact, in the Gṛhyasūtras we find a summing up in the words — ‘The sacrificial rites have been described, we are now going to describe the Gṛhya rites;’ and the purpose for which these words have beeu added is to imply that ‘those persons only are entitled to the performance of the Gṛhya rites who are entitled to that of the sacrificial ones;’ and it is not meant, as it has been explained by others, that the latter constitute the duty of others also. If this had been meant, then it would not have been asserted that — ‘the times for Prāduṣkaraṇa and Homa are analogous to those of the Agnihotra.’ Nor, again, is it right to take the term ‘gṛhya’ to mean ‘pertaining to the home’ (domestic); for the term ‘home’ (gṛha) could only mean either ‘house’ or ‘wife;’ now, as a matter of fact, for no rite has the ‘house’ been specifically prescribed as the location, in view of which the rite could be prescribed for the householder in terms of the ‘house,’ Then, again, such rites also as are performed for the sanctification of one’s house — such for instance, as the testing of the building-site, and so forth — have been prescribed for the three higher castes only, and not for the Śūdra. If, on the other hand, the term ‘home’ means the ‘wife,’ then the act meant having been already implied by the term ‘householder,’ the name ‘gṛhya’ would be superfluous.

As for the statement in the other Smṛti (Yājavalkya, Ācāra 97) — ‘The householder should every-day perform Smārta rites in the Marriage-fire, or in the fire set up at the time of partition, and the Śrauta rites in the sacrificial fires,’ — here also, since it has not been specifically stated what the ‘smārta rites’ are, the statement must be taken as qualified by some other statement; specially because, as a matter of fact, all smārta rites cannot be performed in fire; nor is there anything to indicate that the term refers to Homa (offerings into fire) only; nor, again, is it necessary that all Homa -offerings shall be made into fire.

From all this the term ‘gṛhya’ has to be explained as standing for the rites prescribed by the authors of Gṛhyasūtras. Both these smṛti- texts (the present one, and Yājñavalkya I, 97) only refer to what has been prescribed by the authors of Gṛhyasūtras. So that how could there be any setting up of the fire by a Śūdra?

Further, Yājñavalkya’s text lays down the additional fact that ‘Śrauta rites are to be performed in the sacrificial fire;’ and this must be taken as pertaining to the three higher castes only. Under the circumstances, if the former statement (regarding smārta rites) were taken as pertaining to all the four castes, and the latter (regarding the śrauta rites) to three castes only, then this would involve the incongruity of one and the same set of words having two different imports. And, so long as a uniform import can be found, there can be no justification for admitting such a diversity.

‘Daily’ — that which is done day after day; e.g., the cooking that is done every day for one’s own food; — this also is to be done in the same fire. — (67)

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 217, l. 27) — ‘Etadevānyatra paṭhitam’. — The verse is quoted from Yājñavalkya (1.97), where Mitākṣarā explains the phrase ‘smārtam karma’ as ‘the Vaiśvadeva and other religious rites prescribed in the Smṛtis’, as also ‘the ordinary worldly acts of cooking and the like’, while Aparārka explains it simply as ‘acts laid down in the Smṛtis’.

This verse is quoted in Nirṇayasindhu (p. 301); — and in Śāntimayūkha (p. 4).

 

Comparative notes by various authors:

Gautama (5.7-9). — ‘The installation of Fire begins either with marriage or with succession to property; in that are the Gṛhya-rites to be performed; as also the sacrifices to Gods, Pitṛs and Men, and also Vedic Study.’

Yājñavalkya (1. 97). — ‘The Householder should every day perform the Smārta-rites in the marriage-tire, or in the fire installed at the time of succession to property; and the Śrauta rites are to he performed in the Śrauta Fire.’

Viṣṇu (59.1-3). — ‘The Householder shall perform the Pākayajñas in the Marriage-Fire; also the Agnihotra, both morning and evening; he shall also pour libations to the Gods.’

Baudhāyana (2.2.75). — ‘The installation of Fire begins with marriage; in that should the rites be performed till such time as the regular Laying of the Fire.’

Śātātapa (Vīramitrodaya-Āhnika, p. 393). — ‘The Vaiśvadeva offering may be made either in the ordinary fire or in the Vedic fire.’

Aṅgiras (Vīramitrodaya-Āhnika, p. 393). — ‘Homa is prescribed as to be done in that fire in which one cooks his food.’

Vyāsa (Vīramitrodaya-Āhnika, p. 393). — ‘All the Pākayajñas are to he offered in the Marriage Fire.’

Kāmandaka (2.25-26). — ‘The duties of a Householder are to perform the Agnihotra, to live by the prescribed professions and to avoid sexual intercourse on the Parvas. The duties of those who have married and settled down are — to worship gods, pitṛs and guests, to show mercy to the poor and the distressed and to live according to Śruti and Smṛti.’

 

 

VERSE 3.68

Section VII - Duties of the Householder

 

पञ्च सूना गृहस्थस्य चुल्ली पेषण्युपस्करः ।
कण्डनी चौदकुम्भश्च बध्यते यास्तु वाहयन् ॥६८॥

pañca sūnā gṛhasthasya cullī peṣaṇyupaskaraḥ |
kaṇḍanī caudakumbhaśca badhyate yāstu vāhayan ||68||

 

For the householder there are five slaughter-houses: the hearth, the grinding-stone, household implements, mortar and pestle and water-jar; — by using which he becomes stricken. — (68)

 

Medhātithi’s commentary (manubhāṣya):

This verse serves to indicate the occasion for the prescribing of the ‘five sacrifices.’

‘Slaughter-houses’ — i.e., it is as if they were slaughterhouses. Places where animals are killed for the purpose of their flesh being sold, or those where meat is sold, become sources of sin, by being used for the purpose of obtaining meat; similarly, the hearth and other things also, being sources of sin, come to resemble the ‘slaughter-house.’

As a matter of fact, there is no direct scriptural prohibition bearing specifically upon the ‘hearth’ and other things; nor is there any general prohibition regarding them. It is not impossible for men to have a desire for the heat (provided by the hearth). We do not find any such acts as are accomplished by means of the hearth, etc., which could be prohibited by other texts. Nor can the prohibition be inferred from what is stated in the present text itself; for the simple reason that it is clearly understood as to be construed along with the next verse (which is an injunction, not a prohibition); so that, if the present text were taken as a prohibition, this would involve a syntactical split; and further (the use of the Hearth, etc., being prohibited by this verse) the occasion for the performance of the ‘Five Sacrifices’ would be afforded only when the acts that are done by means of the Hearth, etc., would be done by means of other things. Nor, again, have the peculiar characteristics (of such acts) have been described anywhere, the presence whereof would indicate the similarity of certain acts (to the acts accomplished by means of Hearth, etc.) and their consequent prohibition. And a further result of this being taken as the prohibition of the Hearth, etc., and as such having no connection with the injunction of the sacrifices, would be that the sacrifices would be performed by such men as would eat food cooked by others (and thus avoid the use of the Hearth), or would use water directly from the river and other reservoirs (thus avoiding the use of the water-jar). Then, again, if a prohibition of the Hearth, etc., were intended, then directly prohibitive words would have been used in the text; why should it have been left to be inferred? Direct assertion is always more forcible, if the prohibitive implication were admitted for the purpose of indicating the expiatory rites to be performed in connection with the acts, — then the right thing would have been to include it under Discourse XI (where expiatory rites are dealt with). Further, such a prohibition might lead to the abandoning of the particular acts; but the use of the Hearth cannot be avoided; hence there can be no prohibition of them; and there being no prohibition, wherefore would there be any expiatory rite?

From all this it follows that the ‘Five Great Sacrifices’ are not to be performed for the destroying of sins; bub what is meant by saying that they serve to expiate, — destroy — the sin involved in the using of the Hearth, etc., which cannot be avoided for a single day — is that the daily performance of the sacrifices is absolutely essential and compulsory.

‘Becomes stricken’ — the first consonant is v; and the meaning is that ‘he is stricken by sin, and is ruined in regard to his body and belongings, etc.; — or, (if we read ba) the meaning may be that ‘be becomes connected with (tainted with) sin the root (in ‘badhyate’) denoting overpowering.

‘Using’ — i.e., employing for one’s purpose. When a man employs the hearth and other things for such purposes as present themselves, he is said to ‘use’ them.

Hearth. — place of cooking; the oven, etc.

‘Grinding-stone’ — the stone-slab, and the grinding piece.

‘Household implement’ — such things as the pot, kettle and such other household requisites.

‘Pestle and mortar’ — by which corn is thumped.

‘Water-jar’ — the pot containing water. — (68)

 

Explanatory notes by Ganganath Jha:

‘Upaskaraḥ’ — ‘The pot, the kettle and other household implements’ (Medhātithi); — ‘a pot, a broom and the rest’ (Kullūka); — ‘a broom and the rest’ (Rāghavānanda); — all these take the word in the collective sense, including all ‘household implements’; — Nārāyaṇa alone takes it in the purely singular sense of ‘the broom’ only.

This verse is quoted in Smṛtitattva (p. 533) as laying down the sources of ‘the sin of the slaughter house’; — it adds the following explanations: — ‘Sūnā’ means occasions for killing’; — ‘cullī’ is the cooking place’; — ‘Peṣaṇī’ ‘grinding stone’; — ‘upaskaraḥ’ ‘the broom and the rest’; — ‘Kaṇḍanī,’ ‘mortar and pestle’; — by making use of these the man incurs sin.

Vīramitrodaya (Āhnika, p. 389) quotes the verse and adds the following explanations: — ‘Sūnā’ is ‘occasion for the killing of living beings’; — ‘Upaskaraḥ’ is ‘the broom, the pot, the stick and the rest’; ‘bādhyate’ (which is its reading for ‘badhyate’) means ‘is stricken — i.e., by sin accruing from the killing of animals’; — ‘vāhayan’ means ‘making use of,’ ‘operating.’

 

Comparative notes by various authors:

Viṣṇu (59.19). — ‘Mortar and pestle, Grinding stone, Hearth, Water-jar, Household Implements; — these are the five slaughter-houses for the Householder.’

Hārīta (Vīramitrodaya-Āhnika, p. 389). — ‘We are going to describe the Sūnās or slaughterings — by which is meant that which destroys living beings; these are of five kinds: The first slaughtering is done by people hurriedly entering water, by swimming, splashing, throwing about of water, catching of impurities, and moving in water; (2) the second they do by hurriedly walking in darkness or in dim light, or by trampling (upon insects); (3) the third they do by striking, collecting, capturing, grinding, tearing and so forth; (4) the fourth they do by attacking, rubbing, pounding and so forth; (5) the fifth by tiring, heating, sweating, frying, cooking and so forth. These are the five slaughterings, t he source of sin, which people do day by day.’

 

 

VERSE 3.69

Section VII - Duties of the Householder

 

तासां क्रमेण सर्वासां निष्कृत्यर्थं महर्षिभिः ।
पञ्च कॢप्ता महायज्ञाः प्रत्यहं गृहमेधिनाम् ॥६९॥

tāsāṃ krameṇa sarvāsāṃ niṣkṛtyarthaṃ maharṣibhiḥ |
pañca kḷptā mahāyajñāḥ pratyahaṃ gṛhamedhinām ||69||

 

For the purpose of expiating all these in their course, the five great sacrifices have been ordained by the great sages, for householders (to be performed) daily. — (69)

 

Medhātithi’s commentary (manubhāṣya):

‘Of these’ — of the Hearth and the other ‘slaughter-houses.’

‘For the purpose of expiating’ — i.e., for the purpose of removing the evils proceeding from them.

‘Course’ — The ‘course’ meant are — smearing of the Hearth, scraping of the grinding-stone, and so forth.

‘Have been ordained by the great sages;’ — have been declared as to be performed; — ‘the live great sacrifices,’ ‘for householders’ — i.e., for persons who have entered the householder’s state — the term ‘grhamedha’ stands for the Householder’s state.

‘Daily’ — as no particular period has been specified, we gather that they are to be performed throughout life; and it is thus that their compulsory character becomes estsblished.

‘Great sacrifices’ — this is the name of the rites to be performed. — (69)

 

Explanatory notes by Ganganath Jha:

Vīramitrodaya (Āhnika, p. 389) quotes this along with the preceding verse.

 

Comparative notes by various authors:

Viṣṇu (59.20). — ‘For the expiation of these, one should offer the sacrifices to Veda, Gods, Bhūtas, Pitṛs and Men.’

Hārīta (Vīramitrodaya-Āhnika, p. 389). — ‘The Religious Students shake off the sins of three slaughterings by attending upon the Fire and upon the Teacher, and by Vedic Study; the Householders and the Recluses shake off the five by means of the five Pākayajñas; the Renunciates shake off two by pure knowledge and by Meditation; there, is no shaking off of the slaughtering caused by the teeth.’

Saṃvarta (Vīramitrodaya-Āhnika, p. 387). — ‘During the fifth part of the day, he shall make offerings to Gods, Pitṛs, Men and Insects.’

Saṃvarta. (Vīramitrodaya-Āhnika, p. 388). — ‘Day after day the twice-born shall perform the five great sacrifices; he shall never omit them.’

Vyāsa (Vīramitrodaya-Āhnika, p. 388). — ‘Even in times of dire distress, he shall not omit the Pākayajñas.’

Jābāli (Vīramitrodaya-Āhnika, p. 388). — ‘Daily he should perform the worshipping of Gods and Pitṛs, and offerings should be made to Men also.’

Devala (Vīramitrodaya-Āhnika, p. 388). — ‘Having set up the Fire, he shall honour Gods, Pitṛs, Sages, Guests and other strangers who come to him.’

 

 

VERSE 3.70

Section VII - Duties of the Householder

 

अध्यापनं ब्रह्मयज्ञः पितृयज्ञस्तु तर्पणम् ।
होमो दैवो बलिर्भौतो नृयज्ञोऽतिथिपूजनम् ॥७०॥

adhyāpanaṃ brahmayajñaḥ pitṛyajñastu tarpaṇam |
homo daivo balirbhauto nṛyajño'tithipūjanam ||70||

 

Teaching is the ‘offering to Brahma;’ the Tarpaṇa is the ‘offering to Pitṛs;’ the Homa is ‘offering to Gods;’ the Bali is ‘offering to elementals;’ and the honouring of Guests is ‘offering to men.’ — (70)

 

Medhātithi’s commentary (manubhāṣya):

This verse contains the injunction of the exact form of the Five Sacrifices.

The term ‘teaching’ here includes ‘learning’ also: as will be explained in verse 74 below. The mere act of ‘reciting’ does not require any pupils. In the Vedic text describing the ‘debts’ of man, it has been stated in general terms that ‘by means of Vedic study one pays off one’s debts to the sages.’ For these reasons, both ‘teaching’ and ‘learning,’ according to circumstances, constitute ‘the offering to Brahma.’

‘Tarpaṇa’ — the offering of ‘food or water,’ as described below, in 82.

‘Homa’ — the offering into fire made to the deities to be described later on.

‘Bali’ — i.e., offering made into receptacles other than fire, such as the wooden mortar and the like. This is the ‘offering to elementals;’ — i.e., the offering made in honour of the elementals. This is only the name of a particular rite.

The making of offerings has been prescribed under the name of ‘bhūta,’ ‘lemental,’ in the text — ‘offerings made to elementals stalking during the day, etc., etc.;’ and through association, the whole set of rites is expressed by the term ‘offering to elementals.’ Just as among the ‘Cāturmāsya’ sacrifices, though the Āmikṣā is the only one substance that is offered to the Viśvedevas, yet the entire set of rites has been spoken of us ‘Vaiśvadeva’ in the injunction, ‘one should offer the Vaiśvadeva sacrifice.’ The term ‘bali’ is applied to such Homas as are offered into receptacles other than fire; and they explain that ‘bali is offering to the gods.’

The ‘honouring’ — i.e., receiving — ‘of guests’ constitutes the ‘offering to men.’

“How can Vedic study be a ‘sacrifice?’ In it there are no offerings made to gods; nor has any deity been mentioned in connection with it; all that is done in it is that the letters of the Veda, without any sense, are recited; and it has been said in connection with the repeating of Vedic texts that some people say the words have no meaning.”

True; the term ‘sacrifice,’ as also the term ‘great,’ are used (in this connection) only figuratively, and they are meant to indicate high praise. To the ‘honouring of guests,’ also the name ‘sacrifice’ is applied only figuratively. Though it is possible for the Guest to be regarded as a ‘deity,’ yet in the original injunction of the act, the injunctive verbs used are ‘should feed,’ ‘should honour,’ and not ‘should sacrifice’ to guests. Just as we find in the expression ‘puruṣarājāya karma vā’ (where the act done in honour of the king of men is also called ‘sacrifice.’)

These ‘Five Sacrifices’ are not to be performed simultaneously; because the occasion for all is not the same; in fact, a distinct occasion has been mentioned in relation to each. If the occasion for all were one and the same, then, even when three or four of them would be done, it would be as good as not done, till all the five were done. Just as in the case of the Darśapūrṇamāsa sacrifice, (which?) consists of the three sacrifices of the Āgneya, the Agnīṣomīya and the Upāṃśu, the performance of only one or two of these does not discharge the complete liability; and just as among the Domestic Rites themselves, the ‘Vaiśvadeva offering,’ which extends up to the ‘Sviṣṭakṛt’ offering, is not regarded as complete, so long as there is a break in the offering to any single deity. In fact, each of the five sacrifices has a distinct occasion mentioned in relation to itself: — e.g. (1) ‘one should be constantly addicted to Vedic study’ (verse 75), (2) ‘one should be constantly addicted to making offerings to the gods’ (verse 75), and so forth; and the prescribed occasion being distinct for each, each is performed separately by itself; (3) as regards ‘honouring of the guest,’ the injunction for this appears quite distinctly (in 105), where the act is described as ‘conducive to prosperity and fame.’

Further, of these five ‘sacrifices,’ the performance of four depends upon the man himself; while that of ‘honouring the guest’ is conditional upon the arrival of the guest. The guest is not to be invited; as in that case he would not he a ‘guest’ (in the proper sense of the term); as we shall explain later on that a person is a ‘guest’ only when he comes of his own accord (unexpectedly). Thus, then, from among the five, if one performs any one only and omits the rest, — one might incur the sin of omitting to do what one should do; but what he has done does not become as good as not done. It is for this reason that when a man has not set up his own fire, though he is not, on that account, entitled to the Vaiśvadeva Homa, yet it is incumbent upon him to perform ‘Vedic Study,’ ‘Tarpaṇa’ and the rest. As for the setting up of one’s own fire, other Smṛtis permit of this being done at other times also; it is not necessary to set it up along with marriage itself. Says the Smṛti — ‘the setting up of the Fire begins either with marriage or with succession.’

“The option of setting up the Fire at the time of succession may he regarded as applicable only to one who has not married at all.”

This would he so if the setting up of the Fire were an end in itself. As a matter of fact, however, the ‘setting up’ is for the purpose of obtaining the Fire, and the Fire is for the purpose of performing rites; rites, again, have been laid down as to be performed by one only when he is associated with his wife, and not alone by himself. It is true that some Gṛhya -writers have asserted that one should perform śrāddhas. after having kindled the Parameṣṭhiprāṇa Fire; but this also pertains to the man as associated with his wife; and this same also would be the time for his ‘succession’ also. Nor is the performance of śrāddhas impossible for one who has not set up the Fire; as it has been prescribed even for one who has not even been ‘initiated’, in whose case the use of the ‘sradhā’ alone has been excepted; and yet there is no setting up of the. fire for him; as it is only one who is ‘learned’ (in the Veda) that is entitled to it, and he is still without that learning (before Initiation). As for the performance of the Śrāddha (though this also presupposes knowledge of Vedic mantras), yet it has to be done by the uninitiated boy to the best of his ablity, in obedience to a direct injunction; this case being analogous to the performing of a sacrifice by the Niṣāda (Śūdra) in accordance with a direct injunction. Iu the event, however, of fire having been set up by his uncle or other relations, in view of a ‘learned’ performer being available, the uninitiated (and hence unlearned) boy is not entitled to the performance of śrāddhas. If the setting up of fire be found to be prescribed in the same context as śrāddhas, then one could set up the tire as an accessory to the śrādd ha, after the completion of which it would he abandoned.

Some people have quoted the Smṛti — “ The Vaiśvadêva Homa may be offered in the ordinary fire also.” Others, again, hold that it is to to performed by means of dry (uncooked) grains. — (70)

 

Explanatory notes by Ganganath Jha:

‘Adhyāpanam’ — Nandana reads ‘adhyāyanam’ and explains that it is the same as ‘adhayanam.’

Burnell declares that what makes India ‘the land of vermin’ is this habit of the Hindus of offering food to all living beings! — To what lengths will the detractor of a religion not go!

This is quoted in Vīramitrodaya (Āhnika, p. 392); — in Smṛtitattva (p. 533); — in Madanapārijāta (p. 305), which adds that ‘adhyāpana’ stands for ‘adhyayana’ ‘study,’ and ‘tarpaṇa’ for ‘Śrāddha’; — in Vidhānapārijāta ‘(II p. 306), which adds (like Medhātithi) that ‘adhyāpana’ includes ‘study’ also; and ‘tarpaṇa’ stands for the daily Śrāddha offering; — and in Saṃskāraratnamālā (p. 918), which adds that this is only an enumeration of the rites and not an injunction of the order in which they are to be performed, — some people hold that the four ‘sacrifices’ here mentioned go under the name of ‘Vaiśvadeva,’ but according to Mādhava, that name applies to only three — the Devayajña, the Pitṛyajña and the Bhūtayajña.

 

Comparative notes by various authors:

Gautama (5.3,4,9). — ‘He should be the worshipper of Gods, Pitṛs, Men, Sages and Elementals; he should study the Veda every day; sacrifice to Gods, sacrifice to Pitṛs, and sacrifice, to Men; and also Vedic Study.’

Baudhāyana (2.6. 1-6). — ‘These are the Five Great Sacrifices, these also are the Great Sacrificial Sessions: Sacrifice to Gods, Sacrifice to Pitṛs, Sacrifice to Elementals, Sacrifice to Men, Sacrifice to the Veda; day after day, he shall offer Svāhā, ending with the supplying of fuel, — in this manner does he accomplish the sacrifice to gods; day after day, he shall offer Svadhā, ending with the water-offering, — in this manner he accomplishes the sacrifice to Pitṛs; day after day, he shall how down to the Elementals, ending with the offering of flowers, — in this manner he accomplishes the Sacrifice to the Elements; day after day, he shall offer food to Brāhmaṇas, ending with the offering of roots, fruits and vegetables, — in this manner he accomplishes the Sacrifice of Men; day after day he shall carry on Vedic Study, ending with the Praṇava, — in this manner he accomplishes the sacrifice to the Veda.’

Devala (Vīramitrodaya-Āhnika, p. 388). — ‘He shall honour the Gods, the Pitṛs and the Sages, respectively with the Kavya, the Kavya and the Svādhyāya; Havya standing for what is offered into the Fire, with Svāhā, which appeases the Gods, — Svadhā being what is offered to the Pitṛs, which pleases the Pitṛs, — Svādhyāya being the reading that starts with om, which sacrifices to the sages.’

Viṣṇu (59.20-25). — ‘For the expiation of the sins, he shall perform the Sacrifices to the Veda, the Gods, the Pitṛs, the Elementals and the Men; Vedic Study constitutes the Sacrifice to the Veda; — Homa is the Sacrifice to the Gods; — Water-libations to forefathers is the Sacrifice to the Pitṛs; — the making of Bali-offerings constitute the Sacrifice to the Elementals; — the honouring of guests constitutes the Sacrifice to Men.’

Yājñavalkya (1.102). — ‘Bali, Svadhā, Homa, Svādhyāya and Atithī-satkāra are the great sacrifices to Elementals, Pitṛs, Gods, Veda and Men.’

Āśvalāyana-Gṛhyasūtra (3.1-2). — ‘Now follow the Five Great Sacrifices: — Sacrifice to Gods, Sacrifice to Elementals, Sacrifice to Veda, Sacrifice to Pitṛs and Sacrifice to Men; the offerings made into the Fire constitute the Sacrifice to Gods, the bali-offerings constitute the Sacrifice to Elementals; the offerings made to Pitṛs constitutes the Sacrifice to Pitṛs; the studying of the Veda constitutes the Sacrifice to Veda; the offerings to Men constitute the Sacrifice to Men.’

Chandogapariśiṣṭa (Vīramitrodaya-Āhnika, p. 390). — ‘The Great Sacrifices should be understood to be those sacrifices that are offered to Gods, Elementals, Pitṛs, Vedas and Men, in due order; the teaching of Veda is the Sacrifice to Vedas, the water-offerings to forefathers is the Sacrifice to Pitṛs, the offering of Homa is the Sacrifice to Gods, the offering of Bali is the Sacrifice to Elementals, the honouring of Guests is the Sacrifice to Men; or the Sacrifice to Pitṛs may consist of Śrāddha or of offerings made to forefathers.’

Śātātapa (Vīramitrodaya-Āhnika, p. 391). — ‘He shall perform, in due order, the Sacrifice to Elementals, the daily Śrāddha and the honouring of guests, as also Vedic Study.’

Jābāla (Vīramitrodaya-Āhnika, p. 393). — ‘Of the Great Sacrifices, the first is accomplished by the water-libation; the Sacrifice to Gods is accomplished by making offerings into Fire with the Sāvitrī-mantra, and the Sacrifice to Elementals, by the Bali-offering; the Sacrifice to Veda, by repeating Vedic texts; and the Sacrifice to Men, by the honouring of guests.’

 

 

VERSE 3.71

Section VII - Duties of the Householder

 

पञ्चैतान् यो महाऽयज्ञान्न हापयति शक्तितः ।
स गृहेऽपि वसन्नित्यं सूनादोषैर्न लिप्यते ॥७१॥

pañcaitān yo mahā'yajñānna hāpayati śaktitaḥ |
sa gṛhe'pi vasannityaṃ sūnādoṣairna lipyate ||71||

 

He who omits not these sacrifices, to the best of his capacity, on any day, does not become tainted by the sin of the ‘slaughter-house,’ even though living in the house. — (71)

 

Medhātithi’s commentary (manubhāṣya):

The necessity of performing the ‘sacrifices’ every day is what is enjoined here; the rest is all mere reiteration.

The meaning is that these sacrifices should be performed, even though in an imperfect manner, — to the best of one’s ability; this also follows from the compulsory character of the acts; hence the text has added the phrase ‘to the best of his capacity;’ — the ‘tasi’ affix being added to the term ‘śakti,’ which is included in the ‘ādyādī’ group.

‘Hāpayati’ — This has the sense of the simple root (‘hā,’ to abandon), no significance being meant to be attached to the causal affix. Or, the word may be etymologically explained as derived from the nona ‘hā’ (omission) — formed by the root ‘hā’ with the ‘kvip’ affix; ‘hāpayati’ being explained as ‘hām apayati’ ‘brings about omission;’ āp + kvip, and then the nominal root formed by the addition of the affix ‘nich.’ The meaning, in any case, is ‘omits not.’

Living in his own house — where the ‘slaughter-houses’ cannot be avoided — he does not become tainted with the sin resulting from them. This is said in praise of the sacrifices. — (71)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 392); — and in Smṛtitattva (p. 533).

 

Comparative notes by various authors:

(verses 3.71-72)

Viṣṇu (9.26). — [After reproducing Manu 72] — ‘Attending upon the three Purposes, constant giving of food, worship of the Gods and the Bāhmaṇas, studying of the, Veda, satisfying the Pitṛs, — by doing all these, the householder reaches the position of Indra.’

Śruti (Aparārka, p. 140). — ‘He who eats alone is wholly sinful.’

Yājñavalkya (1. 105). — ‘The couple should eat what is left after the feeding of children, young girls, old persons, the pregnant woman, the sick and the maidens, as also the guests and dependants.’

 

 

VERSE 3.72

Section VII - Duties of the Householder

 

देवताऽतिथिभृत्यानां पितॄणामात्मनश्च यः ।
न निर्वपति पञ्चानामुच्छ्वसन्न स जीवति ॥७२॥

devatā'tithibhṛtyānāṃ pitṝṇāmātmanaśca yaḥ |
na nirvapati pañcānāmucchvasanna sa jīvati ||72||

 

He who does not make offerings to the five — viz., gods, guests, dependents, Pitṛs and himself, — does not live, even though breathing. — (72)

 

Medhātithi’s commentary (manubhāṣya):

This verse praises the original injunction by deprecating its omission. Some people read this verse with the Dative ending — ‘devatātithibhṛtyebhyaḥ pitṛbhyaścātmane tathā na nirvapati panchabhyaḥ.’

‘Offering’ here stands for actual giving away, not merely assignment; hence, the Dative should be the right form.

He who does not make gifts to these, — even though he may be ‘breathing,’ — carrying on the function of inhaling and exhaling air, — ‘does not live;’ i.e., is as good as dead, his living being absolutely fruitless.

The term ‘dependents’ here should be taken as standing for ‘old parents’ and others mentioned below (in 11.10); it does not stand for servants; as gifts to these latter are made in return for services rendered. Or, it may be taken as indicating such born slaves as become incapable of rendering further service, on account of old age. We shall also explain later on that it is necessary to feed old bulls, etc. Gautama also has declared that ‘decrepit people, and those devoid of livelihood, should be supported by him’ (10. 61).

The ‘offering’ to the gods consists of (a) pouring libations into fire, (b) throwing ‘bali’-offerings on prepared altars; for what other ‘offering’ could there be, except these? — which is what is found in other cases also; — e.g., those of the offerings made to the Viśvedevas and other deities of the Darśapūrṇamāsa sacrifices, where the offerings are made with such mantras as ‘Agnaye tvā juṣṭam nirvapāmi;’ where also mere relationship (with the gods) is what is meant. It is for this reason that the ‘elementals’ (to whom the bali- offerings are made) become included under ‘gods,’ and hence not mentioned separately.

‘Himself’ has been added by way of illustration; the sense being — “just as, without eating, one’s own living is not possible, and for that purpose the use of food is absolutely necessary, in view of one’s life being a very desirable thing, — specially according to the direct injunction that ‘one should guard oneself against all things’ — so also is the feeding of gods and the rest absolutely essential.” — (72)

 

Explanatory notes by Ganganath Jha:

‘Bhṛtya’ stands for ‘aged parents and others’ (Medhātithi, Govindarāja and Kullūka), — or ‘born slaves and others too old to work for them living,’ also aged cattle &c., which is the alternative explanation, suggested by Medhātithi, and not only ‘animals unfit for work,’ as noted by Buhler. Nārāyaṇa, and Nandana read ‘bhūtānām’ and explain it as ‘goblins or living beings.’

This verse is quoted in Viramītrodaya (Āhnika, p. 392), which reads ‘bhūtānām’ for ‘pāñcānām’; — and in Aparārka (p. 146), in support of the view that there is nothing wrong in doing the cooking for one’s own self along with the gods and Pitṛs; it is only when one cooks for himself alone that it is wrong.

 

Comparative notes by various authors:

(verses 3.71-72)

See Comparative notes for Verse 3.71.

 

 

VERSE 3.73

Section VII - Duties of the Householder

 

अहुतं च हुतं चैव तथा प्रहुतमेव च ।
ब्राह्म्यं हुतं प्राशितं च पञ्चयज्ञान् प्रचक्षते ? ॥७३॥

ahutaṃ ca hutaṃ caiva tathā prahutameva ca |
brāhmyaṃ hutaṃ prāśitaṃ ca pañcayajñān pracakṣate ? ||73||

 

‘They also call these five sacrifices — (1) “Ahuta,” (2) “Huta,” (3) “Prahuta,” (4) “Brāhmya-huta,” and (5) “Prāśita.”’ — (73)

 

Medhātithi’s commentary (manubhāṣya):

In certain Vedic texts, it is these sacrifices that have been enjoined under these names; hence the present verse mentions these names, with a view to show that the injunction of these is based upon the Veda itself.

What is meant also is that the rites that have been mentioned in the Veda by the names. ‘Ahuta’ and the rest, are also included here, though not mentioned by the same names. This is another purpose that the author had in view in mentioning these other names; just like the names ‘brahmayajña,’ ‘śrāddha,’ ‘udvāha,’ ‘parikriyā,’ and so forth. — (73)

 

Explanatory notes by Ganganath Jha:

Two of these technical terms occur in the beginning of Baudhāyana’s Gṛhyasūtra, and four in Pāraskara’s Gṛhyasūtra 1.4.1, as well as in Śāṅkhāyana’s 1.5.1.

This verse is quoted, without comment, in Vīramitrodaya (Āhnika, p. 392); — and in Aparārka (p. 142), which adds that these are the names for the ‘five sacrifices.’

 

Comparative notes by various authors:

(verses 3.73-74)

Pāraskara-Gṛhyasūtra (1.4.1). — ‘There are four Pākayajñas — Huta, Ahuta, Prahuta, and Prāśita.’

Āśvalāyana-Gṛhyasūtra (1.1.3). — ‘The Huta are those offered into the fire; those not offered into the fire are the Prahuta; and the feeding of Brāhmaṇas constitutes the Brahmaṇi-huta.’

Last Updated: 16 February, 2018

 

 

VERSE 3.74

Section VII - Duties of the Householder

 

जपोऽहुतो हुतो होमः प्रहुतो भौतिको बलिः ।
ब्राह्म्यं हुतं द्विजाग्र्यार्चा प्राशितं पितृतर्पणम् ? ॥७४॥

japo'huto huto homaḥ prahuto bhautiko baliḥ |
brāhmyaṃ hutaṃ dvijāgryārcā prāśitaṃ pitṛtarpaṇam ? ||74||

 

(1) Japa is ‘Ahuta,’ (2) Offering into fire is ‘Huta,’ (3) Offering to elementals is ‘Prahuta,’ (4) The honouring of Brāhmaṇas is ‘Brāhmya-huta,’ and (5) Water-offering to Pitṛs is ‘Prāśita.’ — (74)

 

Medhātithi’s commentary (manubhāṣya):

The sacrifice that has been described as ‘Ahuta’ is the same as ‘Japa.’ ‘Japa’ here should be taken as standing for Vedic study, in view of the assertion that ‘by Vedic study one should worship the sages.’ Or, it may be taken in the sense of the mental operation of ‘recalling to the mind’ (of Vedic texts). The root ‘japa’ has been held to be denotative of both acts — that of loudly reciting, as well as that of silently recalling to the mind.

The offering into fire is called ‘Huta.’

The offering to elementals is ‘Prahuta.’ Though this also is a kind of ‘Homa’ yet, in view of the fact that the terra ‘Homa’ is generally restricted to offerings made into fire, people might think that the offering to elementals is not ‘homa;’ hence (with a view to preclude this notion) it has been given the name of ‘Prahuta,’ — the act being praised as an excellent (pra) homa (huta).’

‘The honouring of Brāhmaṇas is Brāhmya-huta.’ — It is the receiving of guests that is spoken of here as ‘honouring of Brāhmaṇas.’ — (74)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 392); — and in Aparārka (p. 142).

 

Comparative notes by various authors:

(verses 3.73-74)

See Comparative notes for Verse 3.73.

 

 

VERSE 3.75

Section VII - Duties of the Householder

 

स्वाध्याये नित्ययुक्तः स्याद् दैवे चैवैह कर्मणि ।
दैवकर्मणि युक्तो हि बिभर्तीदं चराचरम् ॥७५॥

svādhyāye nityayuktaḥ syād daive caivaiha karmaṇi |
daivakarmaṇi yukto hi bibhartīdaṃ carācaram ||75||

 

One should be constantly engaged in Vedic Study, as also in acts in honour of the gods; one who is engaged in acts in honour of the gods upholds the world, moveable as well as immoveable. — (75)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that the occasion for each of the Five Sacrifices is distinct, and all of them do not form an aggregate; this same idea is made clear by this verse.

When, by reason of poverty or some other cause, the necessary supplies being not available, the honouring of guests and such other acts be not possible, then one should be constantly engaged in Vedic Study.

‘In acts in honour of the gods’ — the offering made in fire to the Vaiśvadeva gods are ‘acts done in honour of the gods.’ Though the ‘sacrifice to elementals’ and ‘sacrifice to Pitṛs’ are all ‘in honour of gods,’ yet from the context it is clear that it is the offering in fire that is meant by the term ‘acts done in honour of gods.’

A commendatory exaggeration is added — ‘He who is engaged in’ — i.e., busy with — ‘acts in honour of the gods, upholds’ — i.e., supports — ‘the moveable and immoveable;’ — i.e., he becomes the means of sustenance of the entire world. — (75)

 

Comparative notes by various authors:

Āśvalāyana-Gṛhyasūtra (3.2.3). — ‘Going out of the village, either towards the east or the north............ one should study the Veda.’

 

 

VERSE 3.76

Section VII - Duties of the Householder

 

अग्नौ प्रास्ताऽहुतिः सम्यगादित्यमुपतिष्ठते ।
आदित्याज् जायते वृष्तिर्वृष्टेरन्नं ततः प्रजाः ॥७६॥

agnau prāstā'hutiḥ samyagādityamupatiṣṭhate |
ādityāj jāyate vṛṣtirvṛṣṭerannaṃ tataḥ prajāḥ ||76||

 

An oblation duly thrown into the fire reaches the sun; from the sun proceeds rain from, rain food, and from food, the creatures. — (76)

 

Medhātithi’s commentary (manubhāṣya):

‘Into the fire being thrown’ — by the sacrificer.

‘Oblation’ — cooked rice, cakes and such other things, when thrown into the fire, are called ‘oblation.’

‘Reaches the sun’ — in an invisible form. The sun absorbs the essence of all things; hence the essence of the oblation is described as reaching the sun. This essence, evolving in the sun’s rays, becomes in time developed into rain. From that proceeds ‘food’ — in the shape of Vrīhi and other grains. From that proceed ‘creatures,’ — all living beings.

Thus, by throwing an oblation into the fire, the sacrificer continues to help on the world-process.

What is stated here is only a commendatory supplement to the foregoing injunction, and it is not meant to be literally true. If it were literally true, then only one who desires rain would he entitled to the performation of the act referred to; but no such thing has been asserted anywhere. Nor is there any occasion for assuming such an assertion, when it is possible to take the verse as supplementary to the principal subject-matter of the context. — (76)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 994).

 

 

VERSE 3.77

Section VII - Duties of the Householder

 

यथा वायुं समाश्रित्य वर्तन्ते सर्वजन्तवः ।
तथा गृहस्थमाश्रित्य वर्तन्ते सर्व आश्रमाः ॥७७॥

yathā vāyuṃ samāśritya vartante sarvajantavaḥ |
tathā gṛhasthamāśritya vartante sarva āśramāḥ ||77||

 

Just as all Creatures subsist by deriving support from air, so d o the other states subsist by deriving support from the Housohelder. — (77)

 

Medhātithi’s commentary (manubhāṣya):

The present verse proceeds to indicate, in another way, the necessity of performing the Great Sacrifices.

All creatures subsist by desiring support from ‘Air’ — i.e., from life-breath; no one can live without the life-breath; in fact, the act of ‘living’ consists in the bearing of the life-breath.

The term ‘creatures’ stands for all living beings.

The epithet ‘all’ has been added with a view to the fact that the subsistence of even gods and sages, who are endowed with superior powers, is dependent upon Air.

Similarly, the Householder is like Air for persons in all other states. Hence, what the Injunction means is that the Householder should act in such a manner that all others may derive their subsistence from him.

Though the presence of the term ‘other’ would indicate that persons other than householders were meant, yet the text is not meant to exclude the householder from the said support, specially because the making of gifts to guests and others has been specially prescribed for the Snātaka. Hence the term ‘other’ is meant to indicate that the other states are on the same footing as the state of the Householder. Nor has it been declared anywhere that the Householder should not support himself, or should not take steps for the supporting of the members of his family [and all this would excluded from his support if ‘other states’ stood for states other than that of the Householder.]

The compound ‘itarāśramāḥ’ is to be expounded as a Karmadhāraya compound. — (77)

 

 

VERSE 3.78

Section VII - Duties of the Householder

 

यस्मात् त्रयोऽप्याश्रमिणो ज्ञानेनान्नेन चान्वहम् ।
गृहस्थेनैव धार्यन्ते तस्माज् ज्येष्ठाश्रमो गृही ॥७८॥

yasmāt trayo'pyāśramiṇo jñānenānnena cānvaham |
gṛhasthenaiva dhāryante tasmāj jyeṣṭhāśramo gṛhī ||78||

 

Because men in all the three states are sustained by householders only, with knowledge and food, therefore the householder’s is the highest state. — (78)

 

Medhātithi’s commentary (manubhāṣya):

‘Because men in all the three states are sustained’ — i.e., helped — ‘with knowledge’ — i.e., knowledge brought about by the expounding of the meaning of the Veda — ‘and food,’ by the Householder, — therefore, ‘the Householder’s state is the highest’ — best.

If we read ‘gṛhī’ for ‘gṛham,’ the compound ‘jyeṣṭhāśramaḥ’ should be expounded as a Bahuvrīhi; while with reading ‘gṛham’ it is Karmadhāraya.

Here also the specification ‘by Householders only’ serves only to re-iterate what is right and proper, and it does not mean that persons in the state of the Recluse and others are not to do the work of teaching. In fact, for the Recluse the work of teaching has been specially enjoined in the verse — ‘he should perforin these great sacrifices, etc.’ (below, 6. 5). As for the Renunciate, it is true that the according of any help to anybody has been prohibited by the rule — ‘he should take no part in injuring or helping’ (Gautama 3. 24-25); but the expounding of the meaning of the Veda has been actually enjoined among the duties of the Mendicant. Further, for the Recluse and the Renunciate, much effort would not be needed in the expounding of the Veda, as they are required to cultivate a high degree of knowledge, dispassion, thought-power and practice. As for the Religious Student, the work of teaching would interfere with his own proper work (of study); and as for the gift of food, how could this be possible for him, when he himself has been advised to live on alms?

Thus, since it is for the Housholder alone that the two are generally possible, the text has used the phrase ‘by Householders only.’ — (78)

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 223, l.15) ‘Hiṃsānugrahayoḥ’ — This refers to Gautama 3.24-25, where we read —

samo bhūteṣu hiṃsānugrahayoḥ | anārambhī |
This verse is quoted in Vīramitrodaya (Āhnika, p. 457).

 

Comparative notes by various authors:

Dakṣa (Vīramitrodaya-Āhnika, p. 456). — ‘Because gods, men and animals are supported by the householder, therefore is the householder the best of all. The householder has been described as the source of the other three stages; whenever he

suffers, the other three suffer with him;...... for this reason, the householder is to be guarded with due effort, and should be honoured and worshipped by the king, as also by the other three.’

Bṛhaspati (Do., p. 457). — ‘In as much as it is from the householder that proceed the birth, growth and maintenance of all the life-stages, — he has been declared to be superior.’

Vaśiṣṭha (8.14.16). — ‘It is the householder alone who offers sacrifices; it is he alone who performs austerities; among all the life-stages, that of the householder is the best; just as all rivers and rivulets find their final rest in the ocean, so do persons in the various stages of life find their haven in the householder; just as all living beings keep alive under the protection of their mother, so do they also live under the protection of the householder.’

Viṣṇu (59.27.29). — ‘The religious student, the renunciate and the recluse, all these derive their living from the householders......... It is the householder alone who performs sacrifices; he alone performs austerities; he alone makes gifts; hence is the householder the highest of all. Sages, Pitṛs and Gods (,?) Elementals and Guests have expectations from householders; hence alone is the householder the highest of all.’

Gautama (3.1). — ‘Of these, the householder is the source; the others being unproductive.’

Baudhāyana (2.6.29). — ‘The teachers have held to a single life-stage; the others being unproductive.’

 

 

VERSE 3.79

Section VII - Duties of the Householder

 

स सन्धार्यः प्रयत्नेन स्वर्गमक्षयमिच्छता ।
सुखं चेहेच्छताऽत्यन्तं योऽधार्यो दुर्बलेन्द्रियैः ॥७९॥

sa sandhāryaḥ prayatnena svargamakṣayamicchatā |
sukhaṃ cehecchatā'tyantaṃ yo'dhāryo durbalendriyaiḥ ||79||

 

That state, which cannot be maintained by men with weak organs, should be kept up with care by one desiring imperishable heaven and also undying happiness in this world. — (79)

 

Medhātithi’s commentary (manubhāṣya):

‘That state’ — i.e., the Householder’s.

‘Should be kept up with care’ — should be maintained by one who desires Heaven and one who is desirous of obtaining happiness in this world.

‘Atyantam,’ meaning ‘that of which there is no end,’ implies permanence.

‘This state, which cannot be maintained by men with weak organs.’

The sense is as follows: — For the Householder, intercourse with women, eating of rich food and such other luxuries are inevitable; but if one were to become unduly addicted to such sensuous objects, one would be incurring sin; hence it is said that ‘this has to be kept with greater care than the other states;’ specially as in the Householder’s state great restraint of the organs is called for; such for instance, as one should not have intercourse with one’s wife, except during ‘season,’ he should not have recourse to other people’s wives, he should eat only such food as has been left (after the offering to the gods and the feeding of guests). And Restraint, when the objects of enjoyment are within reach, is extremely difficult.

‘Imperishable heaven;’ — by this it is not meant that the attainment of Heaven is the result of performing all the duties of the Householder; because, as a matter of fact, among the duties of the Householder some are compulsory (and as such not leading to any results), and for others other rewards have been mentioned. It is true that those acts in connection with which no rewards are mentioned are assumed to have their reward in the attainment of Heaven; but in the present context these duties only form subjects of reference; and hence, there would be no point in the specifying of any rewards in connection with them. Hence the phrase in question has to be taken merely as a reference to such desirable results as follow from the prescribed acts. Nor can the present text be taken as stating the desire for a definite result as constituting the occasion for the performance of certain fresh duties; because the same duties that have been prescribed as necessary throughout life might very well be spoken of as to be performed by one who is desirous of obtaining Heaven; specially as the mention of Heaven is clearly found to be on the same footing as ‘desiring happiness in this world,’ which is a reward that can have no connection with anything that is enjoined; for ‘happiness in this world’ can never be recognised as the reward of any religious act, specially as no particular form of happiness is specified; we do not find the happiness in any way specified as that proceeding from the acquisition of landed property, or of a son, and so forth. And if the happiness is not specified, it means the same thing as ‘Heaven.’ But Heaven cannot be said to beloug to ‘this world.’ Hence this phrase should be taken as referring to the experiencing of perceptible (physical) pleasures. Men in the other ‘states’ are without homes, living either under trees or in the house of other people; and as such they live uncomfortably. Hence the phrase ‘desiring happiness’ has to be taken as a mere reiterative reference. And, consequently, the former phrase, ‘desiring Heaven,’ also, standing on the same footing, has to be taken as a re-iterative reference. — (79)

 

Explanatory notes by Ganganath Jha:

‘Durbalendriyaiḥ’ — ‘Of uncontrolled organs’ (Govindarāja and Kullūka; not Medhātithi, to whom this explanation is wrongly attributed by Buhler and Burnell).

 

 

VERSE 3.80

Section VII - Duties of the Householder

 

ऋषयः पितरो देवा भूतान्यतिथयस्तथा ।
आशासते कुटुम्बिभ्यस्तेभ्यः कार्यं विजानता ॥८०॥

ṛṣayaḥ pitaro devā bhūtānyatithayastathā |
āśāsate kuṭumbibhyastebhyaḥ kāryaṃ vijānatā ||80||

 

Sages, Pitṛs, gods, elementals and guests have expectations from family-men; one who knows should fulfil (one’s duty) towards them.’ — (80)

 

Medhātithi’s commentary (manubhāṣya):

These ‘have expectations from family-men,’ — i.e., seek to obtain presents from them. ‘Expectation’ means wishing for help and benefits.

For this reason, one should fulfil towards them — the gods, &c. — all that is enjoined, in the shape of offerings, &c. ‘One who knows’ — the ordinances of the scriptures.

‘Family’ stands for wife.

It is not right to disappoint the hopes cherished by even an ordinary man, what to say of the gods, etc.? This is a praise of the ‘sacrifices.’ — (80)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 392).

 

Comparative notes by various authors:

Baudhāyana (2.6.35). — ‘When he is horn, the Brāhmaṇa is beset with three debts; he repays that to the sages, by means of religious studentship, that to the gods, by means of sacrifice, that to the Pitṛs, by means of offspring. There are innumerable debt-contracts; the three Vedas, religious studentship, begetting of children, śrāddha, austerity, and sacrifices, — one who performs all this, from him passes off all impurity.’

Viṣṇu (59.29). — [Reproduces Manu.]

 

 

VERSE 3.81

Section VII - Duties of the Householder

 

स्वाध्यायेनार्चयेतऋषीन् होमैर्देवान् यथाविधि ।
पितॄंश्राद्धैश्च नॄनन्नैर्भूतानि बलिकर्मणा ॥८१॥

svādhyāyenārcayetaṛṣīn homairdevān yathāvidhi |
pitṝṃśrāddhaiśca nṝnannairbhūtāni balikarmaṇā ||81||

 

One should worship, according to law, the Sages by Vedic Study, the Gods by Homa-offerings, the Pitṛs by Śrāddha offerings, the Men by food and the Elementals by the offering of Bali.’ — (81)

 

Medhātithi’s commentary (manubhāṣya):

What is meant by the words ‘svādhyāyamadhīyīta’ (‘one should study the Veda’) is exactly what is meant by the words, ‘one should worship the sages by Vedic Study.’

As a matter of fact, what is called worship is done either (a) by means of faith and devotion, or (b) by means of offering water for the feet, garlands and sandal-paint. But the present verse is purely eulogistic; ‘Vedic Study’ cannot be the means of either of these two forms of ‘worship’ of the sages. As for the mantras of the Veda, those also contain praises of Agni and other gods (and not the sages). For all these reasons the statement that ‘one should worship sages by Vedic Study’ is purely eulogistic.

 

Or, the term ‘sages’ may be taken as standing, not for Marīci and other persons (generally known as ‘sages’), but for the Vedas themselves. The term ‘svādhyāya’ (Vedic Study) here denotes an action; it does not stand for the Veda, as it does in the sentence, ‘svādhyāyo dhyetavyaḥ’ (‘the Veda should be studied’). Hence what the passage means is that ‘one should worship the Vedas by the act of study;’ i.e., one should study them in the proper manner; no other form of ‘worship’ being possible.

‘The gods by Homa-offerings’ — here also the ‘worship’ is figurative; for in a Homa, the deity is not the most predominant factor, — being only a subordinate factor, tending to the fulfilment of the act.

‘The Pitṛs by Śrāddha offerings’ — here the Injunction is to be taken in its direct sense; and this shall be explained under the section on ‘Śrāddha.’

‘The men’ — i.e., guests, beggars, and so forth — ‘one should worship’ — i.e., give them food with due respect. — (81)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 392); — in Madanapārijāta (p. 305); and by Jīmūtavāhana (Dāyabhāga, p. 330).

 

Comparative notes by various authors:

Yājñavalkya (1.103). — ‘Out of the remnant of what has been offered to the gods, one should make offerings to the Elementals, and also offer food on the ground for Caṇḍālas and birds.’

 

 

VERSE 3.82

Section VII - Duties of the Householder

 

कुर्यादहरहः श्राद्धमन्नाद्येनोदकेन वा ।
पयोमूलफलैर्वाऽपि पितृभ्यः प्रीतिमावहन् ॥८२॥

kuryādaharahaḥ śrāddhamannādyenodakena vā |
payomūlaphalairvā'pi pitṛbhyaḥ prītimāvahan ||82||

 

One should daily offer Śrāddha with food, or with water, or with milk, roots and fruits, — (thereby) bringing pleasure to the Pitṛs. — (82)

 

Medhātithi’s commentary (manubhāṣya):

‘Should offer’ — i.e., should perform.

‘Daily’ — every day.

‘Śrāddha’ — this term indicates the duty by its proper name. ‘Śrāddha’ is the name of the rite laid down as to be done in honour of one’s ancestors, on the Amāvasyā day; and the whole process of that rite is indicated by the name ‘Śrāddha.’

‘With food’ — this is only a reiteration of ‘sesamum, barley, &c.’ (mentioned in 3.267); what is reiterated here being intended to be described later on.

‘With water;’ — ‘udaka’ is water, and ‘payaḥ’ stands for milk. — (82)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 145); — in Saṃskāra-ratnamālā (p. 922), which explains ‘payaḥ’ as milk and adds that this daily Śrāddha need not be offered on a day on which a special Śrāddha is offered; — in Smrtisāroddhāra (p. 283); — in Hemādri (Śrāddha, pp. 208 and 1564); — in Śrāddhakriyākaumudī (pp. 3 and 289); — in Varṣakriyākaumudī (p. 353); — and in Godādharapoddhati (Kāla, p. 372).

 

 

VERSE 3.83

Section VII - Duties of the Householder

 

एकमप्याशयेद् विप्रं पित्र्यर्थे पाञ्चयज्ञिके ।
न चैवात्राशयेत् किं चिद् वैश्वदेवं प्रति द्विजम् ॥८३॥

ekamapyāśayed vipraṃ pitryarthe pāñcayajñike |
na caivātrāśayet kiṃ cid vaiśvadevaṃ prati dvijam ||83||

 

At that (Śrāddha) which forms part of the Five Sacrifices, one should feed even one Brāhmaṇa in honour of the pitṛs; and on this occasion he shall not feed any Brāhmaṇa in honour of the Viśve-devas. — (83)

 

Medhātithi’s commentary (manubhāṣya):

Since the offering to the Viśvedevas has been enjoined under the name ‘Śrāddha,’ it would follow that the entire procedure of the Śrāddha has to be gone through at that offering also; hence the present verse proceeds to preclude a certain portion of that procedure. ‘On this occasion’ — of the daily Śrāddha — one should not feed any Brāhmaṇas in honour of the Viśvedevas, — i.e., with reference to these.

On this point, some people make the following observations: — “Since feeding is already understood as forming part of the Śrāddha, the presence of the verb ‘should feed’ in this verse indicates that this feeding is something new (different from the feeding that forms an integral part of all Śrāddhas.) Hence the Śrāddha that is laid down in the present verse is to be regarded as consisting merely in the act of feeding one Brāhmaṇa, and there is nothing else to be done at it, in the shape of the offering of a vessel of water, oblations, and so forth; nor are the restraints relating to ‘avoidance of sexual intercourse,’ ‘omitting of Vedic Study,’ and so forth to be observed in this connection.”

‘Should feed even one Brāhmaṇa’ — the number of Brāhmaṇas to be fed having been fixed at three, — and what is said (under 3.125) regarding the feeding of ‘one at each of the two’ not being of.the nature of an Injunction — the number ‘one,’ which has not been indicated by any other authority, is what is distinctly enjoined here; — the sense being that ‘one should feed even one Brāhmaṇa, — but also many, if possible.’

‘In honour of the pitṛs’ — i.e., for the purpose of satisfying the pitṛs.

‘That which forms part of the Five Sacrifices’ — i.e., that which is included among the Five Sacrifices; this term being used here in the sense of ‘Śrāddha;’ what is spoken of as ‘what forms part of the Five Sacrifices’ is not the Tarpaṇa — offering (of water); but the combination of this water — offering and the feeding of the Brāhmaṇa. The optional alternative to this shall be described below, under 3.283. — (83)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 432), where the following notes are added: — ‘Pāñcayajñike’ means ‘at that Pitṛyajña which forms part of the Five Great Sarifices;’ — the particle ‘api’ implies that, if possible, one should feed several Brāhmaṇas also; — the second half of the verse means that ‘Viśvedeva-Śrāddha’ does not form part of ‘Nityaśrāddha’, in support of which it quotes a text from Bhaviṣya Purāṇa; — also in Hemādri (Śrāddha, p. 1565).

 

Comparative notes by various authors:

Viṣṇu-Smṛti (95.65.66). — ‘May some such person be born in our family, as would make to us offerings of water out of deep rivers, specially those whose water is cool! May some excellent man be horn in our family who, with mind composed, would offer Śrāddha to us at Gayā, under the banyan tree!’

Yājñavalkya (1.104). — ‘Daily should food and water he offered to Pitṛs and Men; one should constantly carry on Vedic study; he shall not cook food for himself alone.’

Mahābhārata (13.97.8). — (Reproduces Manu 82.)

Vaśiṣṭha (11.2.4). — ‘Or he may feed a single Brāhmaṇa fully learned in the Veda, endowed with learning and character, and free from all evil characteristics.’

Vaśiṣṭha (Vīramitrodaya-Āhnika, p. 430). — ‘Having made the offering to the Vedic Scholar, and to the Religious Student, he shall make it to the Pitṛs, and then feed the guests.’

Chandogapariśiṣṭa (Do., p. 431) — ‘For the fulfilment of the offering to the Pitṛs, he may feed at least one Brāhmaṇa;...... if there is no one present to he fed, or if there is not sufficient food left, he shall take up as much food as there may be and offer it daily to Pitṛs and Men.’

Ādi-purāṇa (Do.). — ‘In honour of all the six Pitṛs, he may feed at least one Brāhmaṇa every day.’

Mārkaṇḍeya-purāṇa (Do., p. 432). — ‘Every day, one shall offer śrāddha, either with food or with water; and in honour of the Pitṛs, he shall feed several Brāhmaṇas, or a single one.’

Yogi-Yājñavalkya (Do.). — ‘Every day one shall offer śrāddha to the Pitṛs, either with food or with water.’

Vyāsa (Do., p. 433). — ‘At the daily śrāddha, the Viśvedevas are to be omitted.’

Bhaviṣya-purāṇa (Do.). — ‘At the daily śrāddha, there is to he no offering to the gods.’

Puraṇa (Do.). — ‘That which is called the daily śrāddha is observed as being devoid of the offering to the gods; it is offered to only six ancestors, and there is to be no offering of balls or the sacrificial fee.’

Laghu-Hārīta (Aparārka, p. 145). — ‘At the daily śrāddha, there is to he no offering to the gods, also no water-offering or hall-offering.’

Matsya-purāṇa (Aparārka, p. 115). — ‘The daily śrāddha I am going to describe as without the water-offering or the invocation, and also without the offering to gods.’

Kātyāyana (Aparāka, p. 145). — ‘For the accomplishment of the Pitṛyajña, one shall feed at least one Brāhmaṇa, without making any offering to the gods. If there is no Brāhmaṇa available, a small quantity of food should be taken out and offered to Pitṛs and Men.’

Pracetas (Aparārka, p. 140). — ‘The daily offering is not to be made into fire; there is to he no invocation, nor dismissal.’

Nārāyaṇa (Aparārka, p. 146). — ‘Having invited one or several śrotriyas, making them sit facing the east......... he shall offer him water and seat; and also water for washing, after he has eaten the food offered to him to the best of one’s capacity.’

 

 

VERSE 3.84

Section VII - Duties of the Householder

 

वैश्वदेवस्य सिद्धस्य गृह्येऽग्नौ विधिपूर्वकम् ।
आभ्यः कुर्याद् देवताभ्यो ब्राह्मणो होममन्वहम् ॥८४॥

vaiśvadevasya siddhasya gṛhye'gnau vidhipūrvakam |
ābhyaḥ kuryād devatābhyo brāhmaṇo homamanvaham ||84||

 

Out of the food cooked in the domestic fire, for the Viśvedevas, the Brāhmaṇa shall every day offer, according to rule, Homa to these deities,’ — (84)

 

Medhātithi’s commentary (manubhāṣya):

‘Vaiśvadeva,’ ‘for the Viśvedevas’ — i.e., what is cooked for the sake of the Viśvedevas. Though the term ‘viśvedeva’ literally means ‘all deities,’ yet here it is indicative of only those to whom oblations are offered. Hence the term may be taken as standing also for what is cooked for guests and others.

‘Out of the food cooked, Homa should be offered to these deities’ — to those going to be mentioned in the next verse. The term ‘cooked’ implies that the offering is made out of what has been already cooked for all recipients, and that there is no special cooking for the deities only, done with the mantra ‘Devasya tvā savituḥ, etc.’

‘According to rule’ — this means that the Homa is to be offered in accordance with rules laid down in the Gṛhyasūtras; by which all such details of procedure become included as sweeping the spot, sprinkling water over it, and so forth.

The term ‘Brāhmaṇa’ is for the purpose of indicating the fact of the three higher castes being entitled to the performance.

‘Every day’ — daily.

‘Deities’ (in the Dative) serves to indicate the necessity of using the syllable ‘svāhā,’ If the genitive bad been used, then the words need (at the offering) would have been ‘agneḥ idam’ (not ‘agnaye svāhā). The use of the term ‘devatā’ (‘Deity’), however, makes the rule mean that ‘all offerings to the gods should be made with’ the syllable svāhā.’ As for the syllable ‘vaṣaṭ,’ it is to be pronounced at the end of the ‘Yājyā’ mantras, but never at a Smārta Homa; while the syllable ‘svāhā’ is to be pronounced at all Homas; such being the case, the formula used should be ‘agnaye svāhā.’ — (84)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 402).

 

Comparative notes by various authors:

(verses 3.84-93)

Āpastamba- Dharmasūtra (2.3.12). — ‘For the householder, the oblations of food and the Bali-offerings are conducive to Heaven and to prosperity.’

Viṣṇu Smṛti (67.4). — ‘Then with the remnant of the food, he shall make the Bali-offerings; over the east, to Agni..... on the pillar to Śrī, to Hiraṇyakeśī and to the Trees; at the door-way, to Dharma and Adharma and to Death; to Varuṇa, near the water-pot; to Viṣṇu, on the mortar; to the Maruts, on the stone-slab; at the adjoining room, to King Vaiśravaṇa and to the elementals; over the eastern half, to Indra and to Indrapuruṣas; over the southern half, to Yama and to Yamapuruṣas; over the western half, to Varuṇa and to Varuṇapuruṣas; over the northern half, to Soma and to Somapuruṣas; over the centre, to Brahman and to Brahmapuruṣas; upwards, to Ākāśa; over the altar, to the diurnal elementals; and in the evening, to the nocturnal elementals. For crows, dogs and Caṇḍālas, the food shall he offered on the ground.’

Āśvalāyana-Gṛhyasūtra (1.2.1, 2). — ‘Morning and evening, he shall offer oblations of cooked food; to the deities of the Agnihotra, to Soma, to Vanaspati, to Agni-Soma, to Indra-Agni, to Dyauḥ-Pṛthivī, to Dhanvantari, to Indra, to Viśvedevas, and to Brahman.’

Pāraskara (2.9.1.12). — ‘Out of the food dedicated to the Viśvedevas, he shall offer oblations with svāhā to Brahman, to Prajāpati, to the Gṛhyās, to Kaśyapa, to Anumati, to Bhūtagṛhas, to Parjanya, to Apas, to Pṛthivī to Dhātṛ, to Vidhātṛ; to Vāyu and to the Quarters, towards each quarter; three oblations in the centre to Brahman, to Antarikṣa and to Sūrya; to the north of these, to all-gods and all-elementals; to Uṣas and to the Lord of the elementals; on the South, to the Pitṛs; and at the end he should offer to the Brāhmaṇas; and it should he distributed in the right proportion, among beggars and guests.’

Gautama (5.11-16). — ‘Homa-oblations should he offered into the fire, to Agni, to Dhanvantari, to Viśvedevas, to Prajāpati and to Sviṣṭakṛt; to the presiding deity of each of the quarters, towards each quarter; on the doorway, to the Maruts; entering the room, to the household deities: over the centre, to Brahman; on the water-jar, to Apas; in the sky, to Ākāśa; in the evening, to the night-walkers.’

Āpastamba-Dharmasūtra (2.3.17-23; and 2.4.1-8). — ‘In the making of the Bali-offerings, each spot should he swept and washed with water; and on each one of these spots food should he served;...... at the bedstead with the Kāma-mantra; at the door-step, with the Antarikṣa-mantra;......... towards the south, with the Pitṛ-mantra; towards the north, to Rudra; the last one in the evening towards the sky.’

Āpastamba-Dharmasūtra (2.9.5.6). — ‘he shall make all beings — down to dogs and Caṇḍālas — partakers in the Vaiśvadeva offering; but according to some, it shall not be offered to the undeserving.’

Vaśiṣṭha (11.4). — ‘Having offered his share to the learned guest, or to the religious student, he shall make the offering to the Pitṛs.’

Āśvalāyana-Gṛhyasūtra (1.2.3-10). — ‘Next the Bali-offerings; to the gods, to Apas, to the Herbs, to Trees, to the Household, to the Household Deities, and to the Vāstudevas; to Indra and to Indrapuruṣas, to Yama and to Yamapuruṣas, to Varuṇa and to Varuṇapuruṣas, to Soma and to Somapuruṣas, — these towards each of the quarters; in the centre, to Brahman and to Brahmapuruṣas; to the Viśvedevas; during the day, to all the day-walkers; and in the evening, to the night-walkers and towards the north, to the Rakṣas.’

Gobhila (1.4.8-12). — ‘The first offering that he makes is the offering to Pṛthivī; the second is the offering to Vāyu, the third is the offering to the Viśvedevas, and the fourth is the offering to Prajāpati. Then follow the other Bali-offerings; the first to the water-deity, made on the water-jar, the centre and the door-way; the second to Herbs and Trees; and the third to Ākāśa. Then comes another offering: over the bedstead, either to Kāma or to Manyu; then to the Rakṣojanas. The remnant of all these offerings is deposited towards the South, and it goes to the Pitṛs.’

Yajñavalkya (1.103). — ‘Out of the food left after the offerings to gods, ho shall make the offering to elementals; and he shall deposit food on the ground, for dogs, Caṇḍālas and crows.’

Kurma-purāṇa (Parāśaramādhava, p. 312). — ‘For dogs, Caṇḍālas and outcasts, as also for birds, one shall offer food outside, on the ground.’

 

 

VERSE 3.85

Section VII - Duties of the Householder

 

अग्नेः सोमस्य चैवादौ तयोश्चैव समस्तयोः ।
विश्वेभ्यश्चैव देवेभ्यो धन्वन्तरय एव च ॥८५॥

agneḥ somasya caivādau tayoścaiva samastayoḥ |
viśvebhyaścaiva devebhyo dhanvantaraya eva ca ||85||

 

First to Agni and to Soma, then to both these together, then to the Viśve-devas and to Dhanvantari. — (85)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘first’ is a mere reiterative reference; that the offering to Agni is to be made first of all being already indicated by the order in which the names are mentioned. These two offerings are to be distinct (one to each); while the next is to the two together — the formula used being ‘agnīsomābhyām svāhā.’ For the next, the formula is ‘viśvebhyo devebhyaḥ, svāhā.’ Only one offering is to be made with the words, ‘Dhanvantaraye svāhā,’ — (85)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 402), where it is added that what ‘Samastayoḥ’ means is that ‘the offering should be made with the formula agnīsomābhyām svāhā.

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.86

Section VII - Duties of the Householder

 

कुह्वै चैवानुमत्यै च प्रजापतय एव च ।
सह द्यावापृथिव्योश्च तथा स्विष्टकृतेऽन्ततः ॥८६॥

kuhvai caivānumatyai ca prajāpataya eva ca |
saha dyāvāpṛthivyośca tathā sviṣṭakṛte'ntataḥ ||86||

 

To Kuhū, to Anumati, and to Prajāpati; then to Dyauḥ — Pṛthivī jointly, and finally to Sviṣṭakṛt,’ — (86)

 

Medhātithi’s commentary (manubhāṣya):

‘To Dyauḥ-Pṛthivī jointly’ — with the formula ‘dyāvā-pṛthivībhyām svāhā.’

‘Finally to Sviṣṭakṛt’ — ‘Sviṣṭakṛt’ (accomplisher of what is extremely desirable) is an adjective, the deity qualified by it being Agni. That this is so is indicated by the assertion in another Smṛti to the effect that ‘this offering is to be made to Agni-Sviṣṭakṛt.’ This offering to Agni-Sviṣṭakṛt has been prescribed in the Veda as to be made in the case of all Homas.

‘Finally’ — though this is already implied by the order in which the names have been mentioned, yet it has been reiterated (by means of the term ‘finally’) for the purpose of indicating that when, according to another Smṛti, a large number of oblations are offered conjointly under this head, that to ‘Agni-Sviṣṭakṛt’ should come first.

“All these oblations forming a single act of Homa, the several deities mentioned should be treated as optional alternatives.”

But whence does- it follow that there is a single Homa? Verse 85, which speaks of oblations ‘to Agni and to Soma, etc.,’ is the originative Injunction of the Homas; and hence the Homa -offerings being severally qualified by the mention of several special deities, the Homas are clearly recognised as distinct. — (86)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 402), where it is explained that the offering to ‘Dyāuḥ-pṛthivī jointly’ should be made with the formula — Dyāvāpṛthivībhyām svāhā’.

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.87

Section VII - Duties of the Householder

 

एवं सम्यग् हविर्हुत्वा सर्वदिक्षु प्रदक्षिणम् ।
इन्द्रान्तकाप्पतीन्दुभ्यः सानुगेभ्यो बलिं हरेत् ?? ॥८७॥

evaṃ samyag havirhutvā sarvadikṣu pradakṣiṇam |
indrāntakāppatīndubhyaḥ sānugebhyo baliṃ haret ?? ||87||

 

Having thus duly offered the oblation into fire, he should place Bali-offerings in all directions, proceeding towards his right to Indra, Antaka, Ap-pati and Indu, along with their followers. — (87)

 

Medhātithi’s commentary (manubhāṣya):

‘Duly’ — i.e., with the mind bent upon the deity, and not wandering over anything else.

Having offered in the Fire the oblation to these deities — he should place ‘in all directions, proceeding,’ in due order, ‘towards his right;’ at first in the East, then in the South, and so forth, this being the ‘movement towards one’s right;’

‘To Indra, Antaka, Ap-pati and Indu’ — in each direction.

Another writer remarks that ‘Indu’ has no share in the oblation (the offering being made to Soma). If this name is not to be used in making the offering, how could ‘Indu’ be spoken of (as he is in this verse) as a partaker of the oblation? And it has been explained that the ‘placing of the bali’ is nothing other than Homa.

As a matter of fact, no stress is meant to be laid upon the special form of the names used; as they have been used only in view of the exigencies of metre; so that, in actual usage, the names to be used should be those mentioned in other Smṛtis.

‘Along with their followers’ — ‘followers’ stands for servants, attendants; the formula used in such cases being ‘Indrapuruṣebhyaḥ svāhā,’ and so forth. — (87)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 402), where it is added that ‘evam’ means ‘in the manner of the sacrifice to Gods’.

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.88

Section VII - Duties of the Householder

 

मरुद्भ्य इति तु द्वारि क्षिपेदप्स्वद्भ्य इत्यपि ?? ।
वनस्पतिभ्य इत्येवं मुसलोलूखले हरेत् ॥८८॥

marudbhya iti tu dvāri kṣipedapsvadbhya ityapi ?? |
vanaspatibhya ityevaṃ musalolūkhale haret ||88||

 

Saying “this to the Maruts,” he should make an offering at the door; also one in water, saying, “this to the Apas;” and he should hake an offering on the pestle and mortar, saying, “this to the Vanaspatis.” — (88)

 

Medhātithi’s commentary (manubhāṣya):

The particle ‘iti’ is meant to lay stress upon the exact form of the words to be used.

‘In water’ — this specifies the receptacle of the offering; and ‘to Apas’ indicates the deity to whom the offering is to be made.

‘Saying “this to Vanaspatis,” on the pestle and mortar; the singular number in the Copulative Compound ‘musalolūkhale’ would indicate that the two things are not two optional alternative receptacles; and, since two receptacles are mentioned, the right. course would appear to be that there should be a repetition of the oblation, which is the principal factor; specially, as it is not possible for the pestle and the mortar to be unified and then serve as a receptacle for the offering; as the two will ever remain distinct; they can never be mixed up like milk and water; so that if the oblation is poured on the mortar, it is not poured on the pestle; and if it is poured on the pestle, it is not poured on the mortar; nor is it possible for the oblation to be poured in parts (over the two receptacles); as the exact quantity of the oblation has been fixed by law. With all this, in view of the copulative compound, it appears best that the oblation should be poured on one of the two things mentioned (i.e., either on the pestle or on the mortar). — (88)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without comment in Vīramitrodaya (Āhnika, p. 402).

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.89

Section VII - Duties of the Householder

 

उच्छीर्षके श्रियै कुर्याद् भद्रकाल्यै च पादतः ।
ब्रह्मवास्तोष्पतिभ्यां तु वास्तुमध्ये बलिं हरेत् ॥८९॥

ucchīrṣake śriyai kuryād bhadrakālyai ca pādataḥ |
brahmavāstoṣpatibhyāṃ tu vāstumadhye baliṃ haret ||89||

 

He should hake an offering to Śrī on the “head” and to Bhadrakālī on the “feet;” for Brahman and Vāstoṣpati, he should place an offering in the centre of the homestead. — (89)

 

Medhātithi’s commentary (manubhāṣya):

‘Head’ — is the top-most place, known as the dwelling of the gods; on this he should make the offering to Śrī; and ‘on the feet’ — i.e., on the lower side of the house — Ho Bhadrakālī;’ the place of dwelling of this goddess being the East of the door.

Others have explained ‘head’ to mean that side of the householder’s bed where his head lies; and the ‘feet’ to be the lower side of the same. According to this explanation, this oblation may be placed either on the bedstead or on the ground, on the spot where the householder’s bed lies.

‘For Brahman and Vāstoṣpati.’ — Even though these deities have been coupled together in a copulative compound, yet the two oblations are distinct, one to Brahman and another to Vāstoṣpati. In cases where two gods together form the ‘deities,’ — as in the case of ‘Agni-Soma’ — the two are taken together or conjointly; for example (a) ‘to the two together’ (as mentioned in 85 above), and ‘to Heaven and Earth conjointly’ (as mentioned in 86 above). The two mentioned here are to be treated separately, as they are not known to be companions.

‘Homestead’ means the house; and it is in the centre of the house that the offering is to be placed. — (89)

 

Explanatory notes by Ganganath Jha:

‘Ucchīrṣake’ — ‘Head of the bed’ (‘Others’in Medhātithi, Nārāyaṇa and Nandana); — ‘the North-East portion of the house, where the head of the Vāstupuruṣa lies’ (Govindarāja, Kullūka and Rāghavānanda); — ‘the place of the head, well-known as the Devatāśaraṇa’ (the N.-E. corner of the house is what is meant).

‘Pādataḥ’ — ‘the lower portion of the house’ (Medhātithi); — ‘the South West corner of the house, where the Vāstupuruṣa has his feet’ (Govindarāja, Kullūka and Rāghavānanda).

This verse is quoted in Vīramitrodaya (Āhnika, p. 403), which explains ‘Ucchīrṣahe’ as ‘the head of the bedstead lying in the house’ — and ‘Pādataḥ’ as ‘the foot-end of the bedstead in the house’, and adds that the formula to be used in making the offering should be as put in the text ‘Brahmavāstoṣpatibhyām svāhā.’

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.90

Section VII - Duties of the Householder

 

विश्वेभ्यश्चैव देवेभ्यो बलिमाकाश उत्क्षिपेत् ।
दिवाचरेभ्यो भूतेभ्यो नक्तञ्चारिभ्य एव च ॥९०॥

viśvebhyaścaiva devebhyo balimākāśa utkṣipet |
divācarebhyo bhūtebhyo naktañcāribhya eva ca ||90||

 

The offering to the Viśvedevas he should throw into the sky; as also to the Elementals roaming in the day and to those roaming at night. — (90)

 

Medhātithi’s commentary (manubhāṣya):

The particle ‘eha’ indicates that there is only one oblation.

‘To the Viśvedevas’ the offering is to be thrown up into the sky — either within the house, or outside the house.

During the day, the offering should be made to the ‘elementals roaming in the day,’ and during the night it should be made to those ‘roaming at night;’ — ‘elementals’ being construed both ways.

Some people explain that these two offerings pertain respectively to the morning and evening.

But this is not right, as the evening-oblation is to be offered without any words, as is going to be mentioned below (verse 121).

“But what is mentioned there may mean simply that the articulate dedication of the offering is forbidden; but what is there to prevent the mental (silent) dedication? In fact, without some such dedication the offering would not be an ‘offering’ at all.”

But what you have got to explain is — from where you have learnt this distinction. If it is one that has been made by authors of the (Gṛhyasūtras themselves; — then it may be as you say. — (90)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 403) without any comment.

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.91

Section VII - Duties of the Householder

 

पृष्ठवास्तुनि कुर्वीत बलिं सर्वात्मभूतये ।
पितृभ्यो बलिशेषं तु सर्वं दक्षिणतो हरेत् ॥९१॥

pṛṣṭhavāstuni kurvīta baliṃ sarvātmabhūtaye |
pitṛbhyo baliśeṣaṃ tu sarvaṃ dakṣiṇato haret ||91||

 

These offerings one should make in the upper dwelling, for the purpose of acquiring all kinds of food. The entire remnant of the offerings he should offer towards the South, to the pitṛs. — (91)

 

Medhātithi’s commentary (manubhāṣya):

What is said here is supplementary to the two offerings spoken of in the latter half of the foregoing verse; and the first, half of this verse prescribes the receptacle for those two offerings.

The dwelling on the top of another dwelling is called the ‘upper dwelling.’ In the case of a single-storied house, it means the roof. There one should make the offering to the ‘roamers at night’ and ‘roamers during the day.’

‘Sarvānnabhūtaye’ — ‘for the purpose of acquiring all kinds of food’; — the Dative ending has the sense of ‘for the purpose of,’ ‘with a view to,’ and not that of ‘recipient;’ for no oblations have been laid down as to be offered to any such deity as Sarvānnabhūti; specially, as the term ‘offering’ in the present verse is supplementary to the preceding verse, and the offerings prescribed in the preceding verse require the mention of a receptacle for them. Even in other Smṛtis no such deity as ‘Sarvānnabhūti’ has been mentioned in connection with the ‘Vaiśvadeva’ offerings. Hence, what the word means is that ‘the act is to be done for the purpose o f acquiring all kinds of food;’ i.e., ‘when this offering is made, all kinds of food are obtained.’ And when the etymological signification of a word is found compatible with the context, there can be no justification for assuming a signification for the word as a whole (irrespectively of its etymology.) So that, if the word (‘Sarvānnabhūti’) were to be taken as signifying a deity, an absolutely unknown denotation will have to be attributed to it.

‘The remnant of the offerings;’ — tbe use of the term ‘remnant’ implies that the offering material has to be collected in a vessel and then offered, and that the oblations are not to be taken out of what is contained in the cooking pot.

‘Towards the South’ — i.e., in the southerly direction; i.e., the man should face the south.

‘Entire’ — i.e., all that has been taken out in the vessel. — (91)

 

Explanatory notes by Ganganath Jha:

‘Pṛṣṭhavāstuni’ — ‘On the upper storey, or on the roof of the house’ (Medhātithi); — ‘behind the house’ (Govindarāja and Nārāyaṇa); — ‘outside the house’ (Nandana); — ‘behind the offerer’s back’ (Kullūka).

‘Sarvānnahhūtaye’ — ‘The same deity occurs in Śāṅkhāyana, Gṛhyasūtra, 2.14, where Professor Oldenberg has Sarvannabhūti, while the Petersburg Dictionary gives Sarvānubhūti” — Buhler.

Medhātithi denies that there is any such ‘deity’ and he is averse to assuming any such unheard of deity, when the literal meaning of the term is not incompatible with the text, — ‘for the acquiring of all kinds of food.’ Kullūka, however, who reads ‘Sarvātmabhūtaye’ takes it as the name of a deity.

This verse is quoted in Vīramitrodaya (Āhnika, p. 403), where the following explanations are added: — Pṛṣṭhavāstuni’ means ‘behind the house, in the place where the urinal is situated’; — ‘Sarvānubhūti’ is a deity of that name; — ‘haret’ means ‘should offer’.

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.92

Section VII - Duties of the Householder

 

शूनां च पतितानां च श्वपचां पापरोगिणाम् ।
वयसानां कृमीणां च शनकैर्निर्वपेद् भुवि ॥९२॥

śūnāṃ ca patitānāṃ ca śvapacāṃ pāparogiṇām |
vayasānāṃ kṛmīṇāṃ ca śanakairnirvaped bhuvi ||92||

 

He should gently place on the ground food for dogs, outcasts, Cāṇḍālas, persons afflicted with filthy diseases, birds and insects. — (92)

 

Medhātithi’s commentary (manubhāṣya):

Having taken up some food in a vessel, he should place food on the ground, with a view to benefit the dogs and the rest.

‘Persons afflicted with filthy diseases’ — Lepers, consumptives, and so forth.

‘Vayāṃsi’ — birds.

‘Gently’ — i.e., in such, a way that the food does not become mixed with the dust raised from the ground.

The ‘ground’ has been mentioned, not with a view to preclude the use of a vessel, but simply to indicate that food for the Cāṇḍāla, the outcast and the leper should not be given in their hands.

What the present verse prescribes is the according of help; that is why the verse contains the Genitive, not the Dative, ending.

For the birds, food should be placed on a spot where they can eat it without being scared away by dogs, &ç.

For insects, the food should be placed on a spot where they are likely to be present. — (92)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 342), which adds that the object of the verb is ‘annāni’ understood; — in Smṛtitattva (p. 424) in support of the view that (a) wherever such offering is laid down as to be given to ‘birds’, it is the crow that is meant (evidently the author adopts the reading Vāyasānām for Vayasām), and that (b) in texts laying down such offerings to the ‘unfit’, it is persons afflicted with ‘filthy diseases’ that are meant; — in Madanapārijāta (p. 316) as laying down the offering of food outside the house; — in Vīramitrodaya (Āhnika, p. 403), where ‘Śanakaiḥ’ is explained as ‘in such a manner as no food may be wasted,’ which adds that the offering made for the benefit of ‘crows’ and others should be put in places where they may be of the greatest use to them; — in Mitākṣarā (on 1.103, p. 75); — in Aparārka, which adds that the ‘patita’ here is meant to include such sects of mendicants as go about with human skulls in their hands; — and in Smṛtisāroddhāra (p. 286) as laying down the ‘offering to Bhūtas, living creatures’.

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.93

Section VII - Duties of the Householder

 

एवं यः सर्वभूतानि ब्राह्मणो नित्यमर्चति ।
स गच्छति परं स्थानं तेजोमूर्तिः पथार्जुना ॥९३॥

evaṃ yaḥ sarvabhūtāni brāhmaṇo nityamarcati |
sa gacchati paraṃ sthānaṃ tejomūrtiḥ pathārjunā ||93||

 

The Brāhmaṇa who thus daily honours all beings, becomes endowed with a body of light, and goes to the highest place, by the straight path. — (93)

 

Medhātithi’s commentary (manubhāṣya):

This sums up what has gone before.

The epithet ‘all’ indicates that one should help with food the deer, the cock, the cat and such other animals as grow in the villages.

‘Honour’ here denotes help, not worship; us worship could not apply to dogs, &c. In fact, what is meant is the forbidding of ill-treatment; and it in with this view that the author has not used the term ‘help.’

‘Highest place’ — i.e., he reaches Brahman.

‘By the straight path’ — i.e., he has not to wander through an endless series of births as different animals.

Question — “Is this verse meant to lay down the reward (to be obtained)?”

We say — no. For it has already been explained that the injunction of the offerings is an obligatory one; and if a reward happen to be mentioned in connection with an obligatory act, it can only be taken as a commendatory description. Nor is any injunctive word found in the verse; the word used is ‘goes,’ in the present tense.

‘With a body of light’ — i.e., with a body made up of light only; he is no longer tramelled with a body made up of the five elemental substances; i.e., he becomes of the nature of pure Consciousness. Or, the term may be takeu as connoting freedom from sin; the meaning being that he becomes pure of character. The act done is one of helping all beings; and when the man does not transgress any scriptural injunctions, he incurs no sin; and hence it is only right that he should be pure. If it were otherwise, then sin being an impurity, he could never have a body of light. There being no sin in him, it is only natural that the man should reach the highest place, which consists in a state free from all pain and suffering. — (93)

 

Explanatory notes by Ganganath Jha:

‘Tejomūrtiḥ’ — ‘Endowed with the body of light,’ qualifying the ‘Brāhmaṇa’ (Medhātithi); — Kullūka reads ‘tejomūrti’ (neuter) and explains it as ‘resplendent’, qualifying the ‘place’.

This verse is quoted in Vīramitrodaya (Āhnika, p. 403), where it is noted that the use of the word ‘archati’, ‘honours’, is meant to imply that even the making of offerings to crows and others should not be accompanied by a feeling of disrespect, or contempt. — ‘Patharjunā’ is to be construed as ‘ṛjunā pathā’.

 

Comparative notes by various authors:

(verses 3.84-93)

See Comparative notes for Verse 3.84.

 

 

VERSE 3.94

Section VII - Duties of the Householder

 

कृत्वैतद् बलिकर्मैवमतिथिं पूर्वमाशयेत् ।
भिक्षां च भिक्षवे दद्याद् विधिवद् ब्रह्मचारिणे ॥९४॥

kṛtvaitad balikarmaivamatithiṃ pūrvamāśayet |
bhikṣāṃ ca bhikṣave dadyād vidhivad brahmacāriṇe ||94||

 

Having performed this rite of offerings, he should first feed his guest and then give alms in the proper form, to one who is mendicant and a ‘Brahmacārin’ — (94)

 

Medhātithi’s commentary (manubhāṣya):

The right definition of the ‘guest’ shall he given later on (in 102); when such a guest has arrived, he shall feed him first, — i.e., before all others that may be near the house and may be going to eat.

Alms to one who is a mendicant’ — i.e., he should give it to a person that asks for it. The term ‘alms’ stands for the gift of a small quantity of food; it has been said that ‘it is a handful that constitutes alms;’ and this is well known among housewives.

‘In the proper form,’ to ‘a Brahmacārin’ — to others even to a beggar that may be a disguised heretic, alms may be given, — but not in the proper form; but to the Brahmacārin it should be given ‘in the proper form;’ i.e., the giving is to be preceded by the syllable ‘svasti’ by the recipient; this is the ‘form’ referred to.

Or, the term ‘bhikṣu,’ ‘mendicant,’ in the text may be taken in the sense of the Parivrāṭ, the Renunciate, — and the term ‘brahmacārī’ in that of one who is still in the first stage of Studentship. The particle ‘ca’ occurs in the wrong place on account of exigencies of metre; it should occur after ‘brahmacārine.’

But under this explanation, no alms would ever be given to the Recluse (the person in the third stage.) Hence the right view appears to be to take the term ‘bhikṣu’ (mendicant) in the sense of ‘one who begs,’ and the term ‘brahmacārin’ (chaste) as a qualification of the former. And in this way the giving of alms to persons in all the three stages becomes regularly sanctioned. As for heretics, they are to be treated like outcasts (vide 92), — and the mention of ‘all’ (in 93) has already enjoined the helping in the form of giving food, according to one’s means, to all living beings. — (94)

 

Explanatory notes by Ganganath Jha:

‘Bhikṣave brahmacāriṇe’ — ‘To the Religious Student who begs for it’ (Medhātithi and Govindarāja); — ‘to the Remmciate and to the Religious Student’ (Kullūka and Rāghavānanda; also suggested, but disapproved, by Medātithi); — ‘the chaste beggar’ (third suggestion by Medhātithi and approved on the ground that it includes all the three, — the Student, the Hermit and the Remmciate).

The first half of this verse is quoted in Vīramitrodaya (Āhnika, p. 392) as laying down that the feeding of the guests is to be done after the Bali-offerings; but adds that this is meant for those cases where the Śrāddha is not performed, as in the case of the Householder who has his father still living; — also on p. 434, where it explains that what is meant by ‘Pūrvamāśayet’, ‘should feed first’, is that the feeding should be done before the Nityaśrāddha, and applies to those cases where the ‘guest’ happens to arrive at that exact time.

 

Comparative notes by various authors:

Vaśiṣṭha (11.3-5). — ‘One shall make Bali-offerings to the Household deities; hiving offered a share to the Vedic scholar or to toe religious student, who may have arrived, he shall make the offering to the Pitṛs; then he shall feed the guests, in order of seniority; and then the members of his own household.’

Yājñavalkya (1.108). — ‘Alms should be given, with due honour, to the recluse firm in his vow; and he shall feed only friends and relations as might arrive at the time.’

Viṣṇu (59.14). — ‘Alms shall be given to the recluse.’

Pāraskara (2.9.12). — ‘Food shall be distributed among the recluses and the guests, in due order.’

Baudhāyana (2.5.14). — ‘The Praṇava, the Vyāhṛtis and the Sāvitrī constitute the five Great Sacrifices, which purify the Brāhmaṇa day after day; purified by these five Sacrifices, he makes offerings to the gods.’

Baudhāyana (2.6.5). — ‘Day after day he shall offer to Brāhmaṇas food containing also roots, fruits and vegetables; thereby he accomplishes the Sacrifice to human beings.’

Baudhāyana (2.7.19). — ‘First of all he shall feed the guests, then such ladies of the house as may he carrying; and then, with special care, the children, the old persons and those that may be ill.’

Āpastamba-Dharmasūtra (2.4.11). — ‘He shall feed the guests first of all.’

Viṣṇu-purāṇa (Vīramitrodaya-Āhnika. pp. 429-430). — ‘After having made the Bali-offerings be shall stay in the court-yard, expecting guests, till the cows are milked; when a guest has arrived, he shall welcome him with due honour, regarding him as Hiraṇyagarbha; at least one other Brāhmaṇa the Householder shall feed in honour of his father.’

Parāśara (Do.). — ‘He shall not ask the guest either his gotra or his Vedic Rescension or the extent of his Vedic study.’

Vyāsa (Do.). — ‘If a Bhikṣuka, seeker for alms, comes before the offerings have been made to the Viśvedevas, the Householder shall keep aside food enough for these offerings, and give the food to the seeker for alms. The Religious Student, the Renunciate, the Student seeking for knowledge, one who is supporting his preceptor, the way-farer and one who is suffering from want of livelihood, — these are to be regarded as Bhikṣuka, seeker for Alms.’

 

 

VERSE 3.95

Section VII - Duties of the Householder

 

यत् पुण्यफलमाप्नोति गां दत्त्वा विधिवद् गुरोः ।
तत् पुण्यफलमाप्नोति भिक्षां दत्त्वा द्विजो गृही ॥९५॥

yat puṇyaphalamāpnoti gāṃ dattvā vidhivad guroḥ |
tat puṇyaphalamāpnoti bhikṣāṃ dattvā dvijo gṛhī ||95||

 

The twice-born householder, giving alms, obtains the same reward for merit which reward for merit one obtains by giving a cow, in the proper form, to his Teacher. — (95)

 

Medhātithi’s commentary (manubhāṣya):

That une should always give food to one in want of it, according to his means — (having been declared in the preceding verses), the present verse supplies another incentive.

The reward that one obtains by giving a cow to the Teacher is obtained by giving alms ; i.e., it does not differ in any way from that of the giving of a cow. In another Smṛti, the giving of the cow has been described as buying ‘all rewards,’ and also as ‘freeing from all sins.’ Whenever a text declares that same rewards follow from the rendering of small help und of greater help, we should understand that there will be a difference in the quantity, as there is in ordinary life. That is, the same reward is obtained, but it does not continue for an equally long time. [There must be some such difference] for there is the well-known maxim — ‘what wise man will buy with ten pice a thing that can be obtained for only one?’ If the results in the two casus were really equal in all respects, then there would be no use in undertaking the work that requires u greater effort.

Some people read ‘gāndatvā guryathāvidhi’ (‘by the person without cows giving a cow’); and in this case, the negative particle (in the compound ‘aguḥ,’ ‘without cows’) means few; i.e., one who possesses only a few cows.

‘Merit’ is meritorious act; the reward of this. — (95)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without comment in Vīramitrodaya (Āhnika, p. 434).

 

Comparative notes by various authors:

Viṣṇu (59.15). — ‘One acquires the merit of giving away the cow, if he gives food to one who is seeking for alms.’

Viṣṇu (67.28, 32, 44, 46). — ‘By honouring the guest, one obtains the highest reward: by worshipping him, he attains heaven; neither by Vedic Study, nor by Agnihotra, nor by sacrifices and Purāṇas does the Householder attain those regions which he attains by the honouring of the guest; shelter, bed, oiling of the feet and light, by giving to the guest each one of these, one obtains the same reward that one does by giving a cow.’

 

 

VERSE 3.96

Section VII - Duties of the Householder

 

भिक्षामप्युदपात्रं वा सत्कृत्य विधिपूर्वकम् ।
वेदतत्त्वार्थविदुषे ब्राह्मणायोपपादयेत् ॥९६॥

bhikṣāmapyudapātraṃ vā satkṛtya vidhipūrvakam |
vedatattvārthaviduṣe brāhmaṇāyopapādayet ||96||

 

In accordance with scriptural injunctions, one should make over to the Brāhmaṇa knowing the true meaning of the Veda even alms and a water-put, after having honoured him. — (90)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that the alms is to be given ‘in the proper form;’ and this form is now described.

The mention of the ‘water-pot,’ which has not been referred to in this context before, is meant to indicate that in all cases one need not always give alms only.

‘Having honoured,’ — after having worshipped.

‘Vidhipūrvakam,’ — ‘in accordance with scriptural injun ctions’ — means ‘that which has scriptural injunctions for its precedent;’ the term ‘precedent’ meaning reason; the compound therefore means that what is here stated is on the basis of scriptural injunctions.

Or, the term ‘vidhi’ may stand for method; the sense being that the right, method should be adopted first; the method being that ‘he should be honoured,’ as already mentioned.

‘The true meaning of the Veda’ — the real, the undoubted, sense of the Veda; he who knows this meaning — to such a Brāhmaṇa one should ‘make over’ the things.

The term ‘to the Brāhmaṇa’ restricts the gift to the particular caste; and the term ‘knowing, &c.’ restricts it to persons possessing a certain qualification.

Hence, in connection with the act of giving, three things are enjoined here —

‘whatever is to be given should be given to the Brāhmaṇa,’

‘to a Brāhmaṇa who knows the meaning of the Veda,’

and ‘only after having honoured him,’

And this multiplicity of injunctions (in a single verse) (though inadmissible in a Vedic text) may be admissible in the work of a human author.

The next, verse proceeds to point out the danger in connection with the act of ‘giving’ enjoined above. — (96).

 

Explanatory notes by Ganganath Jha:

‘Satkṛtya’ — ‘Having honoured’ (the Brāhmaṇa) (Medhātithi and Govindarāja); — ‘having garnished’ (the food) (Kullūka and Rāghávānanda).

This is quoted, without comment, in Vīramitrodaya (Āhnika, p. 434).

 

Comparative notes by various authors:

Vaśiṣṭha (11.12). — ‘It is Vaiśvānara that enters the household as a Brāhmaṇa-guest; hence they offer him water and food; thereby attaining calm and peace extending over one year.’

Yājñavalkya (1.108). — ‘Food should be given, with due honour, to the Recluse who is strict in his vows.’

Āpastamba-Dharmasūtra (2.9.8.). — ‘All gifts are preceded by water.’

Bṛhaspati (Vīramitrodaya-Āhnika, p. 434). — ‘By the offer of welcome to the guest, Agni is pleased; by the offer of food, Indra; by washing his feet, the Pitṛs; and by feeding him, Prajāpati.’

Śātātapa (Do., p. 435). — ‘The alms offered should be either Bhikṣā (i.e., enough for one meal), or Puṣkala (enough for four meals); or Hantakāra (enough for sixteen meals); if none of these is possible then only a pot of water.’

Gautama (5.19). — ‘If food is offered after having made the guest pronounce the syllable svasti, — it is excellent.’

 

 

VERSE 3.97

Section VII - Duties of the Householder

 

नश्यन्ति हव्यकव्यानि नराणामविजानताम् ।
भस्मीभूतेषु विप्रेषु मोहाद् दत्तानि दातृभिः ॥९७॥

naśyanti havyakavyāni narāṇāmavijānatām |
bhasmībhūteṣu vipreṣu mohād dattāni dātṛbhiḥ ||97||

 

Rites in honour of the gods and those in honour of the Pitṛs performed by ignorant men become lost, when they are presented by the givers, through folly, to ash-like Brāhmaṇas. — (97)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has described the person to whom presents are to be made; the present verse proceeds to prohibit the giving of presents to unqualified persons.

‘Become lost’ — become fruitless.

‘Rites in honour of the gods’ — Such acts as the feeding of Brāhmaṇas and the like, which are done in honour of the gods.

‘Rites in honour of the Pitṛs’ — those that form part of the acts done in honour of one’s ancestors; i.e., Śrāddhas.

‘Ash-like — those who hav become ashes are called ‘bhasmabhūta. Or, the term ‘bhūta’ may mean similarity; hence the word ‘bhasmabhūta’ means ‘ash-like;’ just as in the compound ‘kāṣṭhabhūta.’

“What is the point of similarity between ash and the Brāhmaṇas?”

The meaning is that, just as the ash is of no use, and is mere refuse and deserves only to be thrown away, so the Brāhmaṇa in question is to be removed from all religious functions.

‘Made by ignorant men’ — this is to be construed with ‘become lost.’

‘Presented by givers through folly’ — ‘ignorant’ and ‘folly’ are only re-iterations. Anything that is prohibited in the scriptures is done only through folly.

The next verse describes what sort of Brāhmaṇas are not ‘ash-like.’ — (97)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 434), where ‘bhasmabhūteṣu’ is explained as ‘those devoid of learning and austerity’.

 

Comparative notes by various authors:

(verses 3.97-98)

Vaśiṣṭha (3.9-11). — ‘The Havya and offerings are to be offered to the Vedic scholar only; what is offered to the non-learned reaches neither the Pitṛs nor the gods; gifts should be offered to one who is extremely learned; there is nothing Wrong in ignoring the uneducated. In the presence of flaming fire, one should not pour libations on ashes.’

Yājñavalkya (1.201, 202). — ‘Cows, sesamum and gold should be given, with due respects, to a qualified person; never should the wise man desiring his own welfare make a gift to the unqualified. In fact, a man devoid of learning and austerities should not accept any gift; if he does accept them, he drags downwards both himself and the giver.’

Vyāsa (4.39,42,50,52,54,57). — ‘If a man ignores the Brāhmaṇa student near him, when offering food and gifts, he damages his merit extending over three generations. Gift made to a non-Brāhmaṇa remains the same; that made to the Brāhmaṇa becomes two-fold; that made to the Preceptor becomes thousand-fold, and that made to the person learned in the Veda becomes endless. The Brāhmaṇa’s mouth is the soil, fertile and free from thorns; therein should one sow the seeds; such cultivation fulfils all desires. When there comes to one’s house a Brāhmaṇa endowed with learning and humility, all the herbs become delighted at the prospect of (being eaten by him and thereby) reaching the highest state. One should feed a mouth equipped with Veda, even though that person may have already taken his food, rather than the illiterate person that may have been fasting for six days. When the person learned in the Veda and attentive to his duties takes his food, he brings to the giver rewards endless and extending over many lives.’

Āśvalāyana (1.150). — ‘If the good man offers food into the mouth of the man learned in the Veda, he becomes freed from heinous sins, and attains union with Brahman.’

 

 

VERSE 3.98

Section VII - Duties of the Householder

 

विद्यातपस्समृद्धेषु हुतं विप्रमुखाग्निषु ।
निस्तारयति दुर्गाच्च महतश्चैव किल्बिषात् ॥९८॥

vidyātapassamṛddheṣu hutaṃ vipramukhāgniṣu |
nistārayati durgācca mahataścaiva kilbiṣāt ||98||

 

An oblation thrown into the mouth-fire of Brāhmaṇas, effulgent with learning and austerities, saves from trouble, and also from great sin. — (98)

 

Medhātithi’s commentary (manubhāṣya):

Brāhmaṇas effulgent with learning and austerities, being unlike those described above, are not ash-like. ‘Effulgence’ connotes superior excellence; and persons are said to be ‘effulgent with learning and austerities’ when they possess great learning and perform great austerities. Though the ‘learning and austerities’ belong to the entire man, yet here they are co-ordinated with ‘mouth,’ which is only a part of the entire man; and such co-ordination is based upon indirect connection [the mouth being connected with the man, who is connected with learning and austerities.]

In the compound ‘vipramukhāgni,’ the mouth is likened to fire; hence the compound falls within the ‘vyāghrādi’ group (vide Pāniṇi 2. 1. 56).

Just as an oblation thrown into the fire bears fruit, but when it is thrown on ash, it is fruitless; similarly, ‘oblation’ in the shape of food thrown into the Brāhmaṇa’s month. This food by being called ‘oblation’ is meant to be highly eulogised; sacrifice, oblation and such acts are well-known as bearing important fruits; hence the lesser known act (feeding of Brāhmaṇas) has been likened to the said well-known acts.

‘Saves from trouble;’ — ‘‘trouble’ stands for the advent of illness, enemies, suffering at the hands of the king, and so forth; from this it ‘saves,’ protects; i.e., the man is not affected by it.

‘Also from great sin;’ — i.e., it saves also from falling into hell, &c.

It is not only the gifts made in connection with auspicious rites that are to be given to the recipient described; gifts in connection with expiatory rites also should be given to Brāhmaṇas possessing the same qualifications. — (98)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without comment in Vīramitrodaya (Āhnika, p. 434).

 

Comparative notes by various authors:

(verses 3.97-98)

See Comparative notes for Verse 3.97.

 

 

VERSE 3.99

Section VII - Duties of the Householder

 

सम्प्राप्ताय त्वतिथये प्रदद्यादासनौदके ।
अन्नं चैव यथाशक्ति सत्कृत्य विधिपूर्वकम् ॥९९॥

samprāptāya tvatithaye pradadyādāsanaudake |
annaṃ caiva yathāśakti satkṛtya vidhipūrvakam ||99||

 

To the guest that has happened to come, he should offer; according to rule, water and seat, and also food prepared to the best of his abilitv. — (99)

 

Medhātithi’s commentary (manubhāṣya):

‘That has happened to come’ — i.e., who has come of his own accord, and has not been invited; one who has been invited is not a ‘guest.’ The proper place where the guest is to arrive shall be described later on — ‘where the wife and the Fires are, &c., &c.’ (103).

‘Water and seat he should offer;’ — first of all he should offer water for the washing of his feet, and then the seat; ‘and also food.’

‘Prepared to the best of his ability;’ — this qualifies ‘food.’ The meaning is that he should prepare the food with special care and then offer it — feed him with it.

‘According to rule’ — i.e., that offering which is preceded — supported — by injunction; i.e., that which is sanctioned by scripture. — (99)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 441), which explains ‘samprāptāya’ as ‘one who has happened to come of his own accord, i. e., without invitation’; and ‘vidhipūrvakam’ as ‘in the manner prescribed for the entertaining of guests’; — and in Hemādri (Śrāddha, p. 433).

Between verses 99 and 100, Vīramitrodaya (Āhnika, p. 441) quotes the following two additional verses —

annaṃ hutvā vidhānena yatpuṇyaphalamaśanūte |
tena tus?yaṃ viśiṣṭaṃ vā brāhmaṇe tarpite phalam||

mantr?akarmaviparyāsād? duritād? durgatādapi |
tatphalaṃ naśyate karturidaṃ na śraddhayā h?tam||

and adds the following explanations: — ‘annam hutvā’ — i. e., in the fire; — ‘mantra &c.’. — i.e., ‘from that sin which would accrue from the misuse of Mantras and Rites, and from the delinquencies of the Agent’; — ‘tatphalam’ — the result following from the Homa; — ‘Idam na’ — the construction is that ‘whatever is offered to the guest with due respect, in the shape of all this, seat and the rest, is never lost’.

 

Comparative notes by various authors:

Gautama. (5.32.34). — ‘To the guest not learned in the Veda, water for washing the feet, an offering of water and also special kinds of food, always specially cooked.’

Vaśiṣṭha (4.12). — ‘When a person comes to his house, he should welcome him, rising from his seat and offering him a seat and a bed, and receiving him with true and agreeable words, free from jealousy.’

Āpastamba-Dharmasūtra (2.4.13-16). — ‘The master and mistress of the house should not refuse to receive anyone who comes to seek for anything at the proper time; if they have nothing else to offer, they should offer a place, water, grass and agreeable words.........To a Brāhmaṇa not learning or learned in the Veda, he shall only offer seat, water and food and he shall not rise to receive him.’

Āpastamba (6.7-14 ). — ‘ Having gone up before him, and having met him, he shall offer to him a seat...... He shall wash his feet; some people hold that it is only the Śūdra householder and his wife that are to do this... He shall offer to him water in an earthen vessel, say some... But if the guest is one who has completed his study, no water is to be offered to him......... Having pleased him, he shall satisfy him with sweetly flavoured food.’ [So on, there are very full directions.]

Viṣṇu (67.45). — ‘In the morning and in the evening, he shall offer to the guest both seat and water, as also food to the best of his power, after having received him with honour.’

Yājñavalkya (1.107). — ‘To the guest one should make offerings to the best of one’s capacity; and in the evening the guest is not to be deprived of sweet words, place and water.’

 

 

VERSE 3.100

Section VII - Duties of the Householder

 

शिलानप्युञ्छतो नित्यं पञ्चाग्नीनपि जुह्वतः ।
सर्वं सुकृतमादत्ते ब्राह्मणोऽनर्चितो वसन् ॥१००॥

śilānapyuñchato nityaṃ pañcāgnīnapi juhvataḥ |
sarvaṃ sukṛtamādatte brāhmaṇo'narcito vasan ||100||

 

A Brāhmaṇa staying unhonoured (in one’s house) takes away all his merit, even though he be one who subsists by gathering harvest-droppings, or offers oblations into the five fires. — (100)

 

Medhātithi’s commentary (manubhāṣya):

Even for one who is extremely poor it is not right to omit the honouring of the guest.

‘Harvest-droppings’ — Ears of corn dropped in the fields after harvesting.

‘Gathering’ — Collecting.

This is meant to indicate difficulty of livelihood in general.

‘Offers oblations into the five fires.’

What is meant by this is that, even if the householder is one who obeys all the injunctions of the scriptures, and he is also poor, and (therefore) does not honour, with food &c., the guest that happens to arrive, — then the said strict observance of the laws of livelihood becomes fruitless. Hence (it is said) that the guest ‘takes away all his merit’ — i.e., nullities it; — if he ‘stays unhonoured.’ Hence one should honour the guest — this is the meaning of the injunction.

The term ‘slays’ indicates that the injunction pertains to one who arrives in the evening.

The ‘five fires’ are — The ‘Tretā’ (Three Sacrificial Fires), (4) the ‘Gṛhya’ (Domestic Fire) and (5) the ‘Sabhya’ (Social Fire).

“What is the fire called ‘sabhya,’ Social’?”

They offer the following explanation: — When one goes to another village, and cooks his food in the ordinary fire; — or, in the house of a rich man fire is lighted in several rooms for the alleviation of cold, — this is what is called the ‘sabhya,’ ‘social’, ‘fire’.

“In that case, what is the oblation that would be offered in such a fire? Since the rule is that(the gṛhya oblations are to be offered in that fire (which is set up after marriage or after succession)’ [ Gautama 5.7 & 8]”.

On the strength of the present verse itself they say that, when the man is away from home, he may offer the Vaiśvadeva oblations in the ordinary fire also; and they quote the Smṛti-text — ‘wherever one happens to see a well-lighted flaming fire, he should offer into it oblations of dry paddy, or of vrīhi and yava.’

Our revered teachers, however, offer the following explanation: — It is in the Upaniṣads that the(science of the Five Fires’ has been described; these five forms of fire have been assumed; and what is called ‘oblation’ here is the act of recognising the fire and worshipping it in those forms. This worshipping has been recognised as leading to results superior to those accomplished by means of all the Śrauta rites. In connection with this, it has been declared that — ‘the theft of gold, the drinking of wine, having intercourse with the teacher’s wife and one who kills the Brāhmaṇa, — all these four are fallen, as also one who has relations with these [ and even these sins are purified by the knowledge of the science of Five Fires].’

The result of all these five becomes lost if the guest is not honoured and is sent away; this exaggerated praise is meant to convey the idea that the said honouring of the guest is absolutely necessary.

In connection with the morning breakfast also there is the rule that the guest should be fed; but the omission of it in the evening entails the penalty of a higher expiatory site.

Some people do not take the phrase ‘to the best of his ability’ in the preceding verse as applying to the ‘food; and they assert the meaning to be that ‘guests should be honoured to the best of one’s ability — i.e., one or two or many (as many as one can).’ — (100)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 355) in support of the view that — ‘if a guest comes to one’s house with a view to getting food, and goes away without getting any, then all the rites that the master of the house performs, in honour of the Gods and the Pitṛs, become futile.’

The verse is quoted in Vīramitrodaya (Āhnika, p. 441), which adds the following explanations: — ‘Śilāt’ (which is the reading it adopts) — ‘from the remnant of the gleanings dropped in the fields.’ — ‘uñchataḥ’ — ‘pickings’; — what is meant is that even a poor man should entertain his guest.

 

Comparative notes by various authors:

Viṣṇu (67.33). — ‘If a guest goes away disappointed from the home of any person, he leaves behind him all his sins and takes away all the merit of that householder.’

Parāśara (1.45.46). — ‘If a guest goes away from one’s house disappointed, his Pitṛs do not partake of anything in that house for fifteen years. If one disappoints a guest, one’s libations are futile, even though made with a thousand loads of fuel and a hundred jars of butter.’

Mahābhārata-Āśvamedhika (Parsāharamādhava, p. 355). — ‘One may study, day after day, the Vedas and the subsidiaries, if he honours not his guest, all study becomes futile. He who honours not the guest arrived after the Viśvadeva offering, immediately becomes a Caṇḍāla. If a man turns out a guest from his house, arrived at the right time and place, he becomes an outcast at that very moment.’

 

 

VERSE 3.101

Section VII - Duties of the Householder

 

तृणानि भूमिरुदकं वाक् चतुर्थी च सूनृता ।
एतान्यपि सतां गेहे नोच्छिद्यन्ते कदा चन ॥१०१॥

tṛṇāni bhūmirudakaṃ vāk caturthī ca sūnṛtā |
etānyapi satāṃ gehe nocchidyante kadā cana ||101||

 

Grasses, place, water and kind word as the fourth, — even these never fail in the house of good people. — (101)

 

Medhātithi’s commentary (manubhāṣya):

If, through poverty, one is unable to provide food, — even then one should not entertain such thoughts as these — ‘feeding is the chief factor in the honouring of a guest; this is not possible in my case; why then should I let him enter my house?’ Because for one who is incapable of doing anything else, even the providing of ‘grass,’ &c., would constitute the act of ‘honouring the guest.’ Or, the meaning may be that the providing of food alone does not constitute the full compliance with the injunction of ‘honouring the guest;’ one has to provide bedding, &c., also.

‘Grasses’ — stands for bedding.

‘Place’ — i.e., space for sitting, sleeping and moving about.

‘Kind words’ — i.e., words, sweet as well as wholesome; in the form of conversation and stories, &c.

In the absence of food,’ ‘even these never fail’ — i.e., are always provided — ‘in the house of good people.’ — (101)

 

Explanatory notes by Ganganath Jha:

Compare Hitopadeśa, 1.33.

This verse is quoted in Mitākṣarā (on 1.107, p. 78), which explains it to mean that if there is no food to be given, the guest may be duly honoured even with ‘grasses, place, water and speech’; — also in Vīramitrodaya (Āhnika, p. 441), where ‘Sūnṛtā’ is explained as ‘agreeable and true’.

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.4.14). — ‘In the absence of all else, place, water, grass and sweet words; these should never fail in any household.’

Gautama (5.36-37). — ‘As a middle course, food shall he offered to one who is not learned, but of good character; to one who is the reverse of this, only grass, water, and place; or at least, a welcome.’

Yājñavalkya (1.107). — ‘The guest in the evening should not be deprived of sweet words, place and water.’

Pracetas (Vīramitrodaya-Āhnika, p. 4?0). — ‘If a person comes to the house either after the Vaiśvadeva offerings, or in the evening, he should be honoured like a god; he being called “a guest brought by the sun.”’

Vaśiṣṭha (Do.). — ‘Then he should feed the guests in the order of seniority.’

Mahābhārata (Āśvamedhika, Do., p. 441). — ‘If a twice-born person studies the Vedas along with all the subsidiaries, but does not honour the guests, he studies it all in vain...... If a man honours not the guest arriving after the Vaiśvadeva offerings, he, without doubt, becomes a Caṇḍāla.’

Śaṅkha-Likhita (Āśvamedhika, pp. 442-443). — ‘The guest, who is a Vedic scholar or a religious student preparing for householdership, or a life-long religious student, or a renunciate, — should observe the milking time. If such a guest arrives at that time, one should receive him and then take his food. If the householder takes his food before the guest has been fed, the latter lakes away all his merit. That is why they honour the guest........ To the guest who is fully endowed with age, caste, learning, and austerity, he shall offer water for washing the feet and for rinsing the mouth, and also food to the best of his power; he should sit with him, and at night should retire to sleep after having obtained his permission; he should rise, in the morning, before the guest; and when he departs, he should accompany him up to either a sacrificial altar or a garden or a park or a public hall or a watering place or a tank or a temple or a place of large gatherings; and there having greeted him according to the law, he shall come hack, having requested him to come again.’

Parāśara (Do., p. 443). — ‘If a guest arrives, ho should receive him with welcome, the offering of a seat and also the washing of his feet; as also with offering him food with due respect, and with agreeable conversation; and he should please him by accompanying him when he departs.’

Yama (Do.). — ‘Duty towards the guest is five-fold — one should offer him one’s eye, mind, true and agreeable words, rising to welcome and offering a seat.’

Parāśara (Do., p. 448). — ‘Those who fail to make the Vaiśvadeva offerings, and those who do not fulfil their obligations to the guest, — all these go to hell and come to be horn as crows.’

Mahābhārata (Āśvamedhika, Do.). — ‘Be the guest a Caṇḍāla or a Śvapāka or a Kāleya, if he has come in time, he should he welcomed by the householder.’

Viṣṇudharmottara (Do.). — ‘Be he a Caṇḍāla, or a sinner or an enemy or a patricide, if he has arrived at the proper time and place, he should be fed.’

Hārīta (Do., p. 449). — ‘If a guest arrives, — be he a recluse or a householder or an accomplished student, — to him he shall offer welcome, water for washing the feet and rinsing the mouth, and seat; as also all the vegetables that may be available; when he departs, he should go with him; thus do his forefathers become pleased; and he should turn hack only when permitted to do so by the guest; if he however stays at the house, he should be duly attended upon.’

 

 

VERSE 3.102

Section VII - Duties of the Householder

 

एकरात्रं तु निवसन्नतिथिर्ब्राह्मणः स्मृतः ।
अनित्यं हि स्थितो यस्मात् तस्मादतिथिरुच्यते ॥१०२॥

ekarātraṃ tu nivasannatithirbrāhmaṇaḥ smṛtaḥ |
anityaṃ hi sthito yasmāt tasmādatithirucyate ||102||

 

A Brāhmaṇa staying for a single night has been declared to be a “guest” (Atithi). Because his stay is not long, therefore he is called “Atithi” (guest). — (102)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as the meaning of the term ‘Atithi’ (guest) is not well-known among men, the author provides a definition of the same.

One becomes a ‘guest’ by staying in another man’s house for one night; and this character belongs only to a Brāhmaṇa, to none else.

Whether the next day also the guest should be honoured or not, depends upon the wish of the Householder; it is not. obligatory. It being done by persons desiring prosperity, the incentive to it is something totally different (from that of the obligatory honouring during the first night). Says Apastamba (2.7.16) — ‘One should lodge him for one night;’ whereby he wins the regions of the earth; by keeping him on the second night, the regions of the sky; and on the third night, the regions of Heaven” — which shows that the incentive to the entertaining of the guest on the second and following nights consists in the desire for particular rewards.

For the purpose of lending strength to the above explanation, the author provides the etymological meaning — ‘His stay is not long; which means that the word ‘atithi’ is derived from the root ‘sthā’ (to stay), preceded by ‘ati;’ the term being formed somehow by the addition of an Uṇādi affix. — (102)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Parāśaramādhava (Ācāra, p. 351) in support of the view that a guest is to be treated as such only on the day on which he arrives, not if he stays till the next day.

The verse is quoted in Vīramitrodaya (Āhnika, p. 438) as explaining what is meant by the term ‘atithi’ (guest); — in Aparārka (p. 155); — in Hemādri (Dāna, p. 676 and Śrāddha, p. 427).

 

Comparative notes by various authors:

(verses 3.102-103)

Vaśiṣṭha (8.7,8). — [Reproduces Manu.]

Viṣṇu (67.34, 35). — [Do.]

Gautama (5.41). — ‘The guest, Atithi, is one who is not an inhabitant of the same village, who arrives at the time when the sun is just sinking below the tree-tops, and who stays for one night only.’

Yama (Vīramitrodaya-Āhnika, p. 438). — ‘That high-souled man who has renounced all observances relating to particular dates of the month, to special days of worship and to special festivals, is the Atithi, guest, for all beings; others are only Abhyāgatas, arrivals.’

Markaṇḍeya (Do.). — ‘Neither a friend, nor an inhabitant of the same village, should he treated as a guest; that Brāhmaṇa is called a guest, whose name and family are not known to the householder, who arrives by chance at the time, hungry, fatigued, without any belongings, seeking for food.’

Mahābhārata (Āśvamedhika, Do.). — ‘To one who is suffering from hunger and thirst, who has arrived at the right time and the right place, he shall offer food after having welcomed him with due respect. Him should he regard as a guest who has come from a distance, at the time of the Vaiśvadeva offering.’

Parāśara (Ācāra, 9.41, 42). — ‘One who has come from a distance, is fatigued and has arrived at the time of the Vaiśvadeva offering, — shall be regarded as a guest, not one who has come previously. One should never receive a co-villager as a guest; because a guest, Atithi, is so called because he does not come always.’

Āpastamba-Dharmasūtra (2.6.5). — ‘To one who is a householder, firm in his duties, if some one comes without any purpose, he is a guest whose reception is a sacred duty.’

Vyāsa (Parāśaramādhava, p. 351). — ‘That man is honoured as a guest who has come to one’s house from a distance, suffering from hunger, thirst and fatigue.’

Pracetas (Do.). — ‘One who arrives in the evening, or at the end of the Vaiśvadeva offering, is to be honoured like a god; brought up by the sun, he is called the guest.’

Viṣṇu-purāṇa (Parāśaramādhava, p. 352). — ‘One shall honour as guest that person who comes to one’s house, whose family or name is not known, — who is not an inhabitant of the same village; he should be one who is not related to the householder; he should be one who has nothing with him, and has come from another country.’

 

 

VERSE 3.103

Section VII - Duties of the Householder

 

नैकग्रामीणमतिथिं विप्रं साङ्गतिकं तथा ।
उपस्थितं गृहे विद्याद् भार्या यत्राग्नयोऽपि वा ॥१०३॥

naikagrāmīṇamatithiṃ vipraṃ sāṅgatikaṃ tathā |
upasthitaṃ gṛhe vidyād bhāryā yatrāgnayo'pi vā ||103||

 

One should not regard as “guest” a Brāhmaṇa who lives in the same village or who is a companion. He should regard him as such when he arrives at his house, or where the wife and the fires are at the time. — (103)

 

Medhātithi’s commentary (manubhāṣya):

One who fives in the same village is not a ‘guest,’ even though he may happen to come just at the time of the ‘Vaiśvadeva’ offerings.

‘Companion’ — a fellow-student, other than one’s ‘friend;’ the rule regarding the entertaining of the latter will come later — ‘the Vaiśya and the Śūdra and one’s friend, &c., &c.’ (Verse 110).

It appears right to take the term ‘sāṅgatika’ as excluding the man who is in the habit of meeting all men on terms of equality, entertaining them with jokes ami stories, — oven though he be such as has never been met before.

For the Householder, when away from home, no one can be a ‘guest,’ even though he may fulfil all the conditions of one; one is to be regarded as such only when he ‘arrives at one’s house;’ i.e., to the place where one lives permanently, that which is called his ‘abode.’ But even when the man is away from home, if his wife and Fires happen to be there, then the Brāhmaṇa arriving will be his ‘guest,’ even though he himself may not be there. Hence the householder should provide for the entertaining of guests during his absence, in the same manner as he does for the maintenance of the Fires and the performance of the Darśa-Pūrṇmāsa and other periodical sacrifices.

The term ‘or’ implies that (a) when the man goes on a journey taking his wife and the fires with him, then, even during his stay in another village, if some one arrives, he should be treated as a ‘guest;” — (b) that the same is the case at his own house, during his absence, if his wife and Fires are there that hence, when one goes out with his wife, but leaves the Fires at home, the rule regarding the entertaining of guests does not apply.

The term ‘or’ is to be construed with ‘should regard’ not as between the ‘wife’ and the ‘fires.’ — (103)

 

Explanatory notes by Ganganath Jha:

‘Sāṅgatikam’ — ‘Fellow-student, other than a friend; or one who is in the habit of meeting all men on terms of equality, entertaining, them with jokes and stories.’ [Medhātithi; whom Buhler quotes wrongly by including ‘the Vaiśya or a Śūdra or a friend’ in the latter explanation; the word ‘vaiśyaśūdrau sahhā cheti’ stands for verse 110, where, Medhātithi says, ‘the rule regarding the entertaining of a Friend will come in’]; — ‘One who makes a living by telling wonderful or laughable stories and the like’ (Govindarāja, Kullūka and Rāghavānanda); — ‘one who comes on account of his relationship to the Householder’ (Nārāyaṇa).

‘Bhāryā yatrāgnayaḥ’ — ‘Where the wife and the fires are at the time’ (Medhātithi); — ‘when the man who has arrived is accompanied by his Wife and Fires’ (Govindarāja and Nārāyaṇa). Buhler is again in the wrong in translating Kullūka’s view. What Kullūka says is “etena bhāryāgnirahitasya pravāsino nātithitvamiti bodhitam” — i.e., ‘what is meant is that the character of a guest does not belong to that wanderer from home, who is devoid of wife and fires’; and not (as Buhler puts it) that ‘a Householder who has neither (wife or fires) need not entertain guests.’

This verse is quoted in Parāśaramādhava (Ācāra, p. 353), which adds the following notes: — An inhabitant of the same village, even though he may arrive in the character of a guest, is not to be entertained as such; — similarly, the ‘Sāṅgatika,’ i.e., ‘an old acquaintance,’ — is not to be treated as a guest, if he happens to arrive as one; — an arrival is to be treated as a guest only when he comes to the house — either his own or some one else’s — where the Householder’s ‘wife and fires’ happen to be at the time.

 

Comparative notes by various authors:

(verses 3.102-103)

See Comparative notes for Verse 3.102.

 

 

VERSE 3.104

Section VII - Duties of the Householder

 

उपासते ये गृहस्थाः परपाकमबुद्धयः ।
तेन ते प्रेत्य पशुतां व्रजन्त्यन्नादिदायिनः ॥१०४॥

upāsate ye gṛhasthāḥ parapākamabuddhayaḥ |
tena te pretya paśutāṃ vrajantyannādidāyinaḥ ||104||

 

Those foolish householders who wait upon the food cooked by others, become, after death, on that account, cattle belonging to the givers of food. — (104).

 

Medhātithi’s commentary (manubhāṣya):

‘Waiting upon’ means attending repeatedly. Some Brāhmaṇas wander from house to house with a view to the fact that at such and such a house the guest is sure to be fed; and it is this that is deprecated in the present verse.

One who is in the habit of waiting upon the food cooked for others, — rand not one who happens to do it only once by the way, — ‘on that account’ — by reason of that act — ‘after death, cattle’ — are born as a bull, &c., in the house of the ‘givers of food;’ i.e., are born as his elephant, mule or horse.

This is a defect only in the Householder, who has established his own domestic hearth. — (104)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 769) and in Prāyaścittaviveka (p. 250).

 

Comparative notes by various authors:

Yājñavalkya (1.112). — ‘One should not have a longing for food cooked in the house of others, except when one has been invited; he should avoid fickleness of hands, feet and speech, and also over-eating.’

 

 

VERSE 3.105

Section VII - Duties of the Householder

 

अप्रणोद्योऽतिथिः सायं सूर्यौढो गृहमेधिना ।
काले प्राप्तस्त्वकाले वा नास्यानश्नन् गृहे वसेत् ॥१०५॥

apraṇodyo'tithiḥ sāyaṃ sūryauḍho gṛhamedhinā |
kāle prāptastvakāle vā nāsyānaśnan gṛhe vaset ||105||

 

The guest brought by the sun in the evening should not be driven away by the house-holder. Arrived in time, or not in time, he shall not stay in his house without taking food. — (105)

 

Medhātithi’s commentary (manubhāṣya):

‘Evening’ — is the time of sunset, the beginning of night. At that time if a guest arrives, he ‘should not be driven away’ he should not be refused admission; i.e., he should be entertained with food, bed, seat, and so forth. — “By whom ?” — ‘By the householder’ — ‘medha’ means sacrifice; ‘gṛhamedha’ is the name applied to the Five Great Sacrifices; one who is entitled to these is the ‘gṛhamedhin,’ the Householder.

‘Brought by the sun’ — this is purely laudatory. ‘Brought’ — made to arrive — ‘by the sun.’ Being brought by a god, he certainly deserves honour.

‘In time’ — i.e., the second part of the day; the time at which the Vaiśvadeva offerings are made. ‘Not in time’ — in the evening; after breakfast has been finished.

‘He should not stay in his’ — the householder’s — ‘house, without taking food.’ If there is any food left, that should be offered to him; if not, food should be cooked afresh. — (105)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 351), which explains ‘Sūryoḍha’ as ‘one who has been brought to the house by the Sun who has rendered the man incapable of proceeding further on his journey — and in Vīramitrodaya (Āhnika, p. 440), which reproduces the exact words of Parāśaramādhava, just quoted.

This verse is quoted in Aparārka (p. 152), as laying down that the guest must he fed.

 

Comparative notes by various authors:

Vaśiṣṭha (8.8). — [Reproduces the second-half of Manu.]

Vaśiṣṭha (8.4, 5). — ‘One shall not reject a guest who has arrived in the evening; he shall not live in the house without taking his food.’

Viṣṇu (67.29, 30). — ‘If a guest arrives in the evening, he should be welcomed with great regard; one should not permit a guest to reside in the house unless he takes his food.’

Yājñavalkya (1.107). — ‘The guest arrived in the evening shall not he deprived of place, sweet words and water.’

Pracetas (Vīramitrodaya-Āhnika, p. 440). — ‘One who arrives after the Vaiśvadeva offerings, or in the evening, should be honoured as a god, — he being called a guest brought by the sun.’

Āpastamba (Aparārka, p. 152). — ‘If any one comes seeking for food, the master and mistress of the house shall not refuse him; if there is no food, they should offer place, water, grasses and sweet words.’

 

 

VERSE 3.106

Section VII - Duties of the Householder

 

न वै स्वयं तदश्नीयादतिथिं यन्न भोजयेत् ।
धन्यं यशस्यमायुष्यं स्वर्ग्यं वाऽतिथिपूजनम् ॥१०६॥

na vai svayaṃ tadaśnīyādatithiṃ yanna bhojayet |
dhanyaṃ yaśasyamāyuṣyaṃ svargyaṃ vā'tithipūjanam ||106||

 

He himself should not eat what he does not offer to his guest. The honouring of guests is conducive to wealth, fame, longevity and heaven. — (106)

 

Medhātithi’s commentary (manubhāṣya):

Soup, butter, curds, sugar, and such other rich food, he himself should not eat, so long as he does not offer it to the guest that may have arrived. As for gruel and such other bitter medicinal drinks, he shall not offer these to him, if he does not desire it; there is no harm in the man taking these without offering them to the guest. All that this means is that he should uot himself eat rich food and offer to the guest poor fare.

‘Conducive to wealth’ — procures, brings, wealth. Similarly, ‘conducive to fame,’ and so forth.

All this is purely laudatory; because the honouring of guests is a compulsory duty, if he happen to be there, and also because what is here said is clearly supplementary to the foregoing injunction (of guest-honouring). And so long us a passage can be taken as purely laudatory, there is no justification for taking it as putting forward another incentive. — (106)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 451) without comment.

 

Comparative notes by various authors:

Gautama (5. 38, 39). — ‘Honouring and feeding on fresh food; bedding, seat, lodging, attending and following; all this in the same way as in the case of elders.’

Āpastamba-Dharmasūtra. — ‘He shall eat what remains after the feeding of guests; of the highly flavoured foods, he shall not eat any except what has been left by the guests; — he shall not have cooked for himself any specially good food.’

Yājñavalkya (l.5.104). — ‘One should not cook food for himself.’

Mārkaṇḍeya-purāṇa (Vīramitrodaya-Āhnika, p. 451). — ‘Meat, grains, vegetables, — these he shall not eat if they have not been offered to the guest.’

 

 

VERSE 3.107

Section VII - Duties of the Householder

 

आसनावसथौ शय्यामनुव्रज्यामुपासनाम् ।
उत्तमेषूत्तमं कुर्याद् हीने हीनं समे समम् ॥१०७॥

āsanāvasathau śayyāmanuvrajyāmupāsanām |
uttameṣūttamaṃ kuryād hīne hīnaṃ same samam ||107||

 

He should offer seat, room, bed, foliowing and attendance of the best kind to superiors, of the inferior kind to inferiors and of the equal (ordinary) kind to equals. — (107)

 

Medhātithi’s commentary (manubhāṣya):

When several guests of several grades — superior, inferior and equal — arrive at the same time, then the seat, &c., that are offered to them should not all be of the same quality; they should be in accordance with their relative merits.

‘Seat’ — the mat, and so forth.

‘Room’ — place for resting.

‘Bed’ — bedstead, &c.

‘Following’ — going after him when he goes.

‘Attendance’ — keeping near him and entertaining him with conversation.

All this should be ‘of the best kind, to superiors.’ &e., — i.e., the superior guest should be followed to a great distance; the medium guest, not very far: and the inferior, only a few steps. — (107)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 354) as laying down certain distinctions to he borne in mind in entertaining guests; — in Vīramitrodaya (Āhnika, p. 450), which adds that as regards food and other things, it must he the same for all, specially when they are all dining together in the same line; as specially laid down by Hārīta; — and in Aparārka (p. 156), which adds that the ‘following’ is to be done when the guest departs.

 

Comparative notes by various authors:

Yājñavalkya (1. 107). — ‘The guest shall not be deprived of sweet words, place, straws and water.’

Yājñavalkya (1.113). — After the Śrotriya guest has become satisfied, one should follow him up to the boundary.’

Gautama (5.39,40). — ‘Bedding, seat, lodging, following and attendance, in the same manner as in the case of elders; — in the case of inferior persons, all this has to be done even to a small extent.’

Baudhāyana (Vīramitrodaya-Āhnika, p. 452). — ‘Both morning and evening, whatever food there may be, with that he shall make the Vaiśvadeva offerings and then entertain, to the best of his capacity, such Brāhmaṇa, Kṣatriya, Vaiśya and Śūdra guests as may happen to arrive; in the event of his being unable to entertain several guests, he may offer the food to only one of them, either to one who may be the best qualified among them, or to him who may have been the first to arrive.’

Śaṅkha-Likhita (Do.). — ‘A non-Brāhmaṇa is not to be treated as the guest of a Brāhmaṇa; it is only the learned and highly qualified Brāhmaṇa that deserves the honours of a guest; the Kṣatriya and the Vaiśya are to be received as friends; and the Śūdra is to be entertained only out of kindness and sympathy.’

Śaṅkha (Aparārka, p. 157). — ‘One shall sit with him, at night he shall retire to sleep on being permitted by him, rise before him, and follow him when he leaves, turning back only when he asks him to do so.’

Parāśara (1.43-44). — ‘When a guest arrives, one shall receive him with warm welcome and honour him with the offering of water and seat and also with washing of feet, shall offer food with respect and sweet-worded enquiries, and shall follow him when he leaves; by these he shall win his good will.’

 

 

VERSE 3.108

Section VII - Duties of the Householder

 

वैश्वदेवे तु निर्वृत्ते यद्यन्योऽतिथिराव्रजेत् ।
तस्याप्यन्नं यथाशक्ति प्रदद्यान्न बलिं हरेत् ॥१०८॥

vaiśvadeve tu nirvṛtte yadyanyo'tithirāvrajet |
tasyāpyannaṃ yathāśakti pradadyānna baliṃ haret ||108||

 

On the Vaiśvadeva having been finished, if another guest should happen to arrive, — for him also he should provide food to the best of his ability; but he shall not make any offering (out of that food). — (108)

 

Medhātithi’s commentary (manubhāṣya):

Food cooked for all is referred to here by the term ‘Vaiśvadeva;’ on this being ‘finished’ — i.e., all persons having eaten, and the food having been exhausted, — if another guest should arrive, then for him also he shall provide cooked food; but out of this latter food, he shall not make the offering that is made out of food that is cooked in the household.

The oblation into the tire also — and not only the offering — is not to be made (out of this food); because oblations and offerings have been laid down as to be made out of the food cooked in the morning and evening, and not out of the intervening cookings; as is going to be asserted below (in verse 121). So that, if one happens to cook several times during the day, he should not repeat the Vaiśvadeva offering with each cooking.

‘To the best of his ability’ — i.e., with elaborate seasonings or otherwise. — (108)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on l. 103, p. 76) in support of the view that the Vaiśvadeva offering is not meant to be sanctifìcatory of the food; it is performed only for the accomplishing of certain desirable ends for the Householder — e.g., what is mentioned under 2.28.

Madanapārijāta (p. 311) quotes it, and adds the following note: — The Vaiśvadeva offering having been made, and one guest having been duly entertained, if a second one happens to arrive, and there is no cooked food left for him, then food should be cooked for him; but out of this latter no Vaiśvadeva offering need be made. If this offering were meant to be sanctificatory of the food, then it would be necessary to make it each time the food might be prepared; and the prohibition of the second offering can be justified only if it is not sanctificatory of the food. Some people have held that this offering has the dual character (a) of being sanctificatory of the food, and (b) of fulfilling a desirable purpose for the man.

It is quoted in Vidhānapārijāta (II, p. 305), which also adds that the interdicting of the second Vaiśvadeva offering clearly indicates that it is not regarded as sanctificatory of the food; — in Saṃskāraratnamālā (p. 924), which explains ‘nivṛtte’ as ‘after taking his food’; — and in Smṛtisāroddhāra (p. 284), which adds the following explanation: — ‘Where the Vaiśvadeva offering has been made and the Honouring of the guest also done, if another guest arrives and there is no cooked food left, then another food should be cooked and offered to him, but the Vaiśvadeva offering need not be made out of this second instalment of cooking.’

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.6-16). — ‘Having called the cook, he shall have either Vrīhi or Yava cooked for him.’

 

 

VERSE 3.109

Section VII - Duties of the Householder

 

न भोजनार्थं स्वे विप्रः कुलगोत्रे निवेदयेत् ।
भोजनार्थं हि ते शंसन् वान्ताशीत्युच्यते बुधैः ॥१०९॥

na bhojanārthaṃ sve vipraḥ kulagotre nivedayet |
bhojanārthaṃ hi te śaṃsan vāntāśītyucyate budhaiḥ ||109||

 

A Brāhmaṇa should not advertise his family and Gotra for the purpose of obtaining a meal. Bragging about these, for the purpose of obtaining a meal, he comes to be called a “feeder on filth” by the wise. — (109)

 

Medhātithi’s commentary (manubhāṣya):

This verse contains an advice offered, by the way, to the guest.

Seeking for food, he shall not say — ‘I belong to such and such a family, I am the son of so and son; in this fashion he shall not advertise his ‘family or gotra.’ The ‘family’ consists of his father, grandfather, and so forth; — ‘gotra’ — may stand either for such Ṛṣi-names as ‘Garga,’ ‘Bhārgava,’ etc.; or for one’s name. That the term ‘gotra’ means name also is shown by such usage as ‘mistake in names,’ ‘gotraskhalita’ which term is used in the event of a man pronouncing a name other than the one he intended to pronounce.

His ‘learning’ also he should not advertise; as this also has been prohibited in another Smṛti.

The Text adds a declamatory, assertion: — ‘For the purpose of obtaining a meal’ — i.e., with the motive that by advertising my family and gotra I shall succeed in obtaining a meal, if one brags about these — family and gotra, — he is called by the wise ‘Vāntāśin,’ ‘feeder-on filth,’ — he who swallows what has been vomitted. — (109)

 

Explanatory notes by Ganganath Jha:

This verse is quoted^ in Parāśaramādhava (Ācāra, p. 358) in support of the view that ‘just as the host should not enquire after the gotra and other details regarding the guest, so the guest also should not declare these’; — and in Smṛtitattva (p. 426) without comment.

 

Comparative notes by various authors:

Baudhāyana (Parāśaramadhava, p. 357). — ‘If one offers food after asking about country, name, family and learning, — he does not obtain the reward of that act, and does not go to heaven.’

Parāśara (1.405). — ‘If one offers food after making enquiries regarding the name, the family and the learning of the guest, he does not obtain its reward, nor does he go to heaven.’

Parāśara (1.48). — ‘One should not ask the guest his gotra or Vedic text, nor the extent of his knowledge of Veda or learning; one should think of him as the god, since he embodies all the gods.’

Yama (Parāśaramādhava, p. 357). — ‘One shall not ask his gotra or Vedic text, or country or family or name or learning — when a Brāhmaṇa traveller arrives seeking for food.’

Viṣṇu-purāṇa (Do.) — ‘The householder shall honour the guest as Hiraṇyagarbha, not asking him about his study, gotra, Vedic text or family.’

 

 

VERSE 3.110

Section VII - Duties of the Householder

 

न ब्राह्मणस्य त्वतिथिर्गृहे राजन्य उच्यते ।
वैश्यशूद्रौ सखा चैव ज्ञातयो गुरुरेव च ॥११०॥

na brāhmaṇasya tvatithirgṛhe rājanya ucyate |
vaiśyaśūdrau sakhā caiva jñātayo gurureva ca ||110||

 

In a Brāhmaṇa’s house, the Kṣatriya is not called a ‘guest;’ nor the Vaiśya or the Śūdra, nor his friends or relations, or his Teacher. — (110)

 

Medhātithi’s commentary (manubhāṣya):

Even though a Kṣatriya, during his travelling, happen to arrive at the Brāhmaṇa’s house, at the time of breakfast, — he is not a “guest.” Hence it is not incumbent upon the Brāhmaṇa to offer food to him.

Similarly with the Vaiśya and the Śūdra.

The ‘friend’ and the ‘relation’ are one’s equals, not guests.

The ‘Teacher’ has to be served as the master; as described in the text — ‘the act of cooking should be done after having offered to the Teacher’ (Gautama 5-26). — (110).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 354) in support of the view that in the house of the Brāhmaṇa, the Kṣatriya and others are not to be entertained as regular guests, they are only to have food offered to them in Vīramitrodaya (Āhnika, p. 438) to the effect that wherever the term ‘Brāhmaṇa’ is used in the texts laying down the duty of entertaining a ‘guest’, it is meant to exclude the Kṣatriya and other castes; — and in Hemādri (Śrāddha, p. 428).

 

Comparative notes by various authors:

(verses 3.110-112)

Gautama (5.43). — ‘The non-Brāhmaṇa can be the guest of the Brāhmaṇa only if the former is one who has been engaged in a sacrifice.’

Śaṅkha-Likhita (Vīramitrodaya-Āhnika, p. 452). — ‘The non-Brāhmaṇa cannot be the guest of the Brāhmaṇa; the full honours of the guest are to be rendered only to the Vedic scholar possessed of special qualifications; the Kṣatriya and the Vaiśya are to be received as friends; and to the Śūdra something may he offered only by way of favour, to save him from discomfort.’

Viṣṇu (67.36). — [Reproduces Manu, 111 and 112.]

Gautama (5.44-45). — ‘To the Kṣatriya food is to be offered after Brāhmaṇas; others are to be fed along with servants, as a favour.’

Āpastamba-Dharmasūtra (1.4.18). — ‘The Kṣatriya and the Vaiśya (are to be fed); if a Śūdra happen to arrive, he should be directed to do some work, and food should be given to him.’

Baudhāyana (2.3.11-13). — ‘Morning and evening, whatever food there may be, out of that he shall make the Vaiśvadeva offerings, and then entertain, to the best of his power, the Brāhmaṇa, the Kṣatriya, the Vaiśya and the Śūdra that may happen to arrive; but when the Śūdra arrives, he should be directed to do some work.’

 

 

VERSE 3.111

Section VII - Duties of the Householder

 

यदि त्वतिथिधर्मेण क्षत्रियो गृहमाव्रजेत् ।
भुक्तवत्सु च विप्रेषु कामं तमपि भोजयेत् ॥१११॥

yadi tvatithidharmeṇa kṣatriyo gṛhamāvrajet |
bhuktavatsu ca vipreṣu kāmaṃ tamapi bhojayet ||111||

 

If a Kṣatriya should happen to come to one’s house in the character of a guest, one may feed him also, after the Brāhmaṇas have eaten. — (111)

 

Medhātithi’s commentary (manubhāṣya):

The ‘character’ of the guest consists of — (a) having run short of food during the journey, (b) bring in a strange village and (c) arriving at the time of eating. In this character, if a Kṣatriya happen to come to one’s house, then the householder shall feed him also.

By specifically mentioning ‘feeding,’ the other factors of the ‘honouring’ of guests become precluded; but the addressing of agreeable and wholesome words has been generally enjoined as to be addressed equally to everyone coming to one’s house. The proper time for feeding him is this: — he should be fed after the Brāhmaṇas — guests as well as such non-guests as are entitled to eat first — have eaten.

‘May’ — this shows the absence of compulsion; the sense being that what is here laid down is voluntary, not obligatory. And since the reward has not been mentioned, it follows that Heaven is the reward, as it is in the case of all those acts whose rewards are not specifically mentioned. Or, we might connect with this the phrase ‘conducive to wealth, fame, etc.’ (of verse 106). — (111)

 

Explanatory notes by Ganganath Jha:

‘Kāmam’ — May; i.e., ‘it is not incumbent upon him; it is left to his choice’ (Medhātithi and Nārāyaṇa); — ‘as much as the person wishes’ (Rāghavānanda).

This verse is quoted in Parāśaramādhava, (Ācāra, p. 354) as laying down what should be done if a Kṣatriya comes to one’s house as a guest; — in Aparārka (p. 152) as laying down that the Householder may, if he likes, entertain guests other than the Brāhmaṇas; — and in Hemādri (Śrāddha, p. 440), which notes that this lays down the rule that to the Śūdra thus arrived one should offer the food left in the dishes.

 

Comparative notes by various authors:

(verses 3.110-112)

See Comparative notes for Verse 3.110.

 

 

VERSE 3.112

Section VII - Duties of the Householder

 

वैश्यशूद्रावपि प्राप्तौ कुटुम्बेऽतिथिधर्मिणौ ।
भोजयेत् सह भृत्यैस्तावानृशंस्यं प्रयोजयन् ॥११२॥

vaiśyaśūdrāvapi prāptau kuṭumbe'tithidharmiṇau |
bhojayet saha bhṛtyaistāvānṛśaṃsyaṃ prayojayan ||112||

 

The Vaiśya and the Śūdra also, when arrived in the family in the character of guests, he should feed, along with his servants, — showing his compassionate disposition. — (112)

 

Medhātithi’s commentary (manubhāṣya):

Those that have the character of guests are said to arrive ‘in the character of guests;’ the ‘character of the guest’ has been already described.

‘Family’ — House.

‘Arrived’ — Come.

He should feed the Vaiśya and the Śūdra also, like the Kṣatriya. The time, for feeding them is after the quests, relations and friends have eaten, but before the House-holder and his wife.

‘Along with’ means simply ‘at the same time.’

‘Compassionate disposition’ — sympathy, pity.

‘Showing’ — providing proof of, having recourse to.

This last clause has been added with a view to show that those here mentioned are not objects of respect. It is one who is to be kindly treated that deserves compassion, and not one who is to be worshipped. Towards pergons deserving kindly treatment, if help can be accorded, this is done by everyone who desires his own welfare. But its omission does not mean ill-treatment of the guest. What is meant is that the merit derived from helping the person deserving compassion is not similar to that derived from entertaining the guest; it is inferior to this latter. — (112)

 

Explanatory notes by Ganganath Jha:

Parāśaramādhava (Ācāra, p. 354) quotes this verse without comment; — also Aparārka (p. 152), which explains ‘ānṛśaṃsyam’ as ‘anaiṣṭhuryam,’ ‘absence of hard-heartedness.’ — It is quoted also in Varṣakriyā-kaumudī (p. 572), which explains ‘Kuṭumbe’ as ‘in the house’.

 

Comparative notes by various authors:

(verses 3.110-112)

See Comparative notes for Verse 3.110.

 

 

VERSE 3.113

Section VII - Duties of the Householder

 

इतरानपि सख्यादीन् सम्प्रीत्या गृहमागतान् ।
प्रकृत्यान्नं यथाशक्ति भोजयेत् सह भार्यया ॥११३॥

itarānapi sakhyādīn samprītyā gṛhamāgatān |
prakṛtyānnaṃ yathāśakti bhojayet saha bhāryayā ||113||

 

Others also, friends and the rest, that may come to his house out of affection, he should feed on food specially prepared, to the best of his ability, together with his wife. — (113)

 

Medhātithi’s commentary (manubhāṣya):

‘Friend’ — Companion; they of whom the friend is the first. The term ‘and the rest’ connotes kind, and includes relations, associates, class-fellows, and so forth; — all except the Teacher.

‘That may come out of affection,’ — The context pertaining to the guest, the term ‘affection,’ has been added with a view to preclude that character.

‘He should feed them.’

‘Specially prepared’ — Having cooked the food with special care.

‘To the best of his ability;’ — the term ‘ability’ is meant to be merely illustrative; the meaning is that the cooking and the seasoning should be in accordance with the man’s own ability, and also according to what each guest may deserve.

‘Together with his wife’ — the time for the wife’s eating is the same as the husband’s; no time being laid down specifically for the wife; all that is said is that ‘the husband and Wife should eat the remnant’ (verse 116). In the Mahābhārata, however, it is shown that the wife eats after the husband: In the course of conversation between Draupadī and Satyabhāmā, Draupadī, describing the duties of the wife, has said — ‘after all my husbands have eaten, I eat what is left’. The eating of food left by the husband is among the wife’s duties. Hence, what is here laid down is not that the Friend and others should eat at the time that, the wife eats; nor does the phrase ‘along with’ mean that, they are to eat out of the same dish. All that is, meant is that they should not be fed alone; the housewife also should eat there. This might go against the rule that ‘the husband and wife should eat what is left,’ What is meant is that if some respectable person is to be waited for, or if the husband feels disinclined to eat, then the husband may not eat with the Friend, etc., and in his place his wife should eat; this will bear testimony to his friendly feelings towards the diners. — (113)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without comment in Parāśaramādhava (Ācāra, p. 394); — and in Aparārka (p. 154) as laying down the treatment to be accorded to such relations and friends as happen to arrive after the Householder himself has eaten, — and as implying that the wife should eat after the husband has eaten.

 

Comparative notes by various authors:

Viṣṇu (67.38). — [Reproduces Manu.]

Yājñavalkya (1.108). — ‘He shall also feed such friends and relations as may arrive at the time.’

 

 

VERSE 3.114

Section VII - Duties of the Householder

 

सुवासिनीः कुमारीश्च रोगिणो गर्भिणीः स्त्रियः ।
अतिथिभ्योऽग्र एवैतान् भोजयेदविचारयन् ॥११४॥

suvāsinīḥ kumārīśca rogiṇo garbhiṇīḥ striyaḥ |
atithibhyo'gra evaitān bhojayedavicārayan ||114||

 

Newly married girls, maidens, sick persons and pregnant women, — these he should, without hesitation, feed immediately after the guests. — (114)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘Suvāsinī’ stands for newly married girls, daughters as well as daughters-in-law. Others have held that ‘girls whose father-in-law and father are both living are called Suvāsinī, even after they have given birth to children.’

‘These......immediately after the guests’ — in continuation of them — ‘he should feed.’ That is, as soon as the guests have commenced eating, they should be fed at the same time.

Others read ‘agre’ ‘before’ (the guests).

‘Without hesitation’ — i.e., he should not entertain any doubt as to the propriety of feeding youngsters before the guests have eaten. — (114)

 

Explanatory notes by Ganganath Jha:

‘Suvāsinīḥ’ — ‘Newly married girls i.e., daughters and daughters-in-law’ (Medhātithi); — ‘women whose fathers and fathers-in-law are living, even though they may have got children’ (‘others,’ quoted by Medhātithi).

‘Agre’ — ‘Before (the guests)’ (Kullūka); — Medhātithi adopts the reading ‘anvak’ and explains it to mean ‘along with (the guests)’; and not as ‘even if they come later,’ as Hopkins interprets him.

This verse is quoted in Vīramitrodaya (Āhnika, p. 455), which explains ‘agre’ as ‘first’; — and in Aparārka (p. 147).

 

Comparative notes by various authors:

Viṣṇu (67.39). — [Reproduces Manu, but using the singular number throughout the first half.]

Gautama (5.26). — ‘First he shall feed the guests, the young boys, the sick, the woman with child, the newly-married girls, the old and the dependents.’

Baudhāyana (2.7.19). — ‘They quote here the following text: — First of all he shall feed the guests, after them the woman with child, then the boys, the old persons, the weak and the sick.’

Āpastamba-Dharmasūtra (2.4.12). — ‘The boys, the old, those suffering from disease, women with child.’

Yājñavalkya (1.5.105). — ‘Boys, newly-married girls, old persons, pregnant women, the sick and the maidens, guests and servants, — it is only after these have been fed that the householder and his wife shall eat whatever is left.’

Pāraskara (1.9.13). — ‘The younger and the older members of the family shall take their food in the manner befitting them.’

Viṣṇu-purāṇa (Parāśaramādhava, p. 364). — ‘Then with cooked food he shall feed the newly married girls, the sick, the pregnant women, the old and the young; after that he should himself eat.’

Mārkaṇḍeya-purāṇa (Do.). — ‘Having honoured the Brāhmaṇa guests, relations, paternal and maternal, and also persons seeking for food, he shall feed the young and old and the sick.’

 

 

VERSE 3.115

Section VII - Duties of the Householder

 

अदत्त्वा तु य एतेभ्यः पूर्वं भुङ्क्तेऽविचक्षणः ।
स भुञ्जानो न जानाति श्वगृध्रैर्जग्धिमात्मनः ॥११५॥

adattvā tu ya etebhyaḥ pūrvaṃ bhuṅkte'vicakṣaṇaḥ |
sa bhuñjāno na jānāti śvagṛdhrairjagdhimātmanaḥ ||115||

 

The foolish man, who eats before giving food to these, does not understand, that, in thus eating, he is himself devoured by dogs and vultures. — (115)

 

Medhātithi’s commentary (manubhāṣya):

‘Before giving food to these’ — i.e., to those just mentioned, beginning with the guest and ending with the servant — ‘the foolish man’ — who does not know the law — ‘eats’ — is devoured, after death, by dogs and vultures.

This ‘being devoured’ — being eaten — by them, he does not understand. The foolish man simply feels that ‘I am eating now,’ and he does not understand that his eating in this manner means the eating of his own body by dogs and vultures. This latter is the result of such eating; hence it has been thus described. — (115)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 455) without comment; and also on p. 395, where it is explained as setting aside the view that the Vaiśvadeva and Bali offerings should be made only once in the morning when the man himself eats, — and as indicating the necessity of making them both in the morning and in the evening, even though the man himself may not eat at both times. There is this difference, however, that if the man omits the offerings while he himself eats, he incurs two sins — that of eating without offering, and that of omitting the offerings; whereas if he drops them when he himself does not eat, he incurs only one sin, that of omitting the offerings. Thus on the Ekādaśī and other fasting days also, the said offerings have got to be made; and food has got to be cooked for that purpose; but in the event of his being unable to do the cooking, the offerings may be made even with uncooked food.

This is quoted also in Aparārka (p. 147), which explains the second line to mean ‘he does not understand that he is himself being devoured by dogs and vultures’, and deduces the conclusion that it is not sinful to eat along with the persons mentioned in the preceding verse.

 

Comparative notes by various authors:

Viṣṇu (67.40). — [Reproduces Manu.]

Baudhāyana (2.7.20). — ‘If one eats before having fed these in the proper manner, he is himself eaten; he does not eat; though he knows not this.’

Baudhāyana (3.17.18). — ‘They quote the following declaration made by the Food: — If one eats rice without offering rice to the Pitṛs, the gods, dependents, guests and friends, he eats poison; him I devour; for him I am Death.’

Viṣṇu-purāṇa (Parāśaramādhava, p. 364). — ‘If one eats before these have been fed, he eats sin, and after death, he goes to hell and is born as a feeder on phlegm.’

 

 

VERSE 3.116

Section VII - Duties of the Householder

 

भुक्तवत्स्वथ विप्रेषु स्वेषु भृत्येषु चैव हि ।
भुञ्जीयातां ततः पश्चादवशिष्टं तु दम्पती ॥११६॥

bhuktavatsvatha vipreṣu sveṣu bhṛtyeṣu caiva hi |
bhuñjīyātāṃ tataḥ paścādavaśiṣṭaṃ tu dampatī ||116||

 

After the Brāhmaṇas, his own people and servants have dined, — the husband and wife should afterwards eat what is left. — (116)

 

Medhātithi’s commentary (manubhāṣya):

‘Brāhmaṇas’ — i.e., guests.

‘His men people’ — people of the same caste, and so forth. When all these have eaten, then ‘what is left by them,’ the husband and wife should eat.

‘Afterwards’ — this is added with a view to perclude the notion that a portion of the food having been assigned to the guests and others, and kept aside, the remainder might be called ‘what is left,’ and as such might be eaten by the householder and his wife, even before the guests, &c.

Half of this verse is meant to be the injunction of the time for the husband and wife to eat; the rest of it is a purely descriptive reference. — (116)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 364), as laying down the manner in which the Householder himself should take his food; — and in Vīramitrodaya (Āhnika, p. 456) without comment.

 

Comparative notes by various authors:

Viṣṇu (67.41). — [Reproduces Manu.]

Āpastamba-Dharmasūtra (2.8.2). — ‘He shall eat what has been left by the guests.’

Yājñavalkya (1.105). — ‘The husband and wife shall eat what is left after the guests and dependents have been fed.’

Paraskara (3.9.14). — ‘The householder and his wife, after all the rest.’

 

 

VERSE 3.117

Section VII - Duties of the Householder

 

देवान् ऋषीन् मनुष्यांश्च पितॄन् गृह्याश्च देवताः ।
पूजयित्वा ततः पश्चाद् गृहस्थः शेषभुग् भवेत् ॥११७॥

devān ṛṣīn manuṣyāṃśca pitṝn gṛhyāśca devatāḥ |
pūjayitvā tataḥ paścād gṛhasthaḥ śeṣabhug bhavet ||117||

 

Having worshipped the gods, sages, men, the Pitṛs and the household deities, the Householder shall eat afterwards what remains. — (117)

 

Medhātithi’s commentary (manubhāṣya):

This is a mere reiteration of the foregoing injunction of the performance of the Five Sacrifices, and of the time for the Householder’s eating.

Others, however, have explained this verse its actually laying down something different: The former verse has laid down the eating of remnants by both husband and wife; while this verse leaves aside the woman and lays down the eating by the man alone. And from this it would follow that the wife should eat before the servants and before also the husband. In this way, this becomes reconciled also with what has been said before (113) regarding ‘the feeding of friends, &c., together with the wife.’ Otherwise, if we assumed the latter to mean that the wife should not eat with them, we would be abandoning the most palpable construction of the sentence. As for what has been described in the Mahābhārata (regarding Draupadī eating after her husbands), that is a mere description, not an injunction. Even if it were an injunction, it could only be regarded as laying down an option.

This, however, is not right; as the present verse is a mere reiteration.

Nor is there any incompatibility of the singular number in ‘householder’ (with the idea that both husband and wife are meant); because in all things the Husband and wife operate conjointly; so that their companionship being the prime factor, the use of the Dual member does not become necessary. Just as in the text, ‘the Brāhmaṇa should set up the fire,’ even though the husband and wife have got to perform the rite jointly, yet there is no incongruity in the singular number. And why so? Because one of the two is the principal and the other is subordinate; and the subordinate cannot impose its number. Hence it is that the principal being one only, though the wife also comes in in fulfilment of her husband’s purpose, yet the singular number is the right form to use. The single word ‘householder’ denotes the wife also; and this is ip view of the joint functioning of the husband and wife; and this is possible only when both are conceived of jointly, and not if either both are regarded as principal, or both are regarded as subordinate. From all this it follows that the wife is not to eat before her husband; which establishes the conclusion that this verse is only a reiteration, intended to lend strength to the conviction (arising from the foregoing injunctions).

Some people have explained that, in the clause, ‘he should worship the household deities,’ the term ‘deities’ is only a laudatory re-iteration; and on account of its connection with the injunctive verb ‘should worship,’ the sentence contains an injunction of the worshipping as a subordinate factor. And they argue thus — “The primary denotation of the term ‘deity’ is not compatible with the act of worshipping; as the ‘deity’ in the primary sense can only be related to the acts of sacrificing and hymning. It is for this reason that the text has added the epithet ‘household,’ — which means those in the house; and these can only be in the form of images. As those to whom sacrifices are offered can have no connection with the house.”

For these people also what is to be taken in the secondary sense is the ‘deity,’ not the ‘worshipping.’

But why all this? The simple explanation is that the deities to whom sacrificers offer sacrifices are called ‘house - hold deities’ — (117)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 456) without comment; — also on p. 395, as indieating (along with verse 115) the necessity of making the Vaiśvadeva and Bali offerings both in the evening and in the morning; — and in Hemādri (Śrāddha, p. 581).

 

Comparative notes by various authors:

Viṣṇu (67.42). — [Reproduces Manu.]

Baudhāyana (27.21). — ‘One should eat the remnant left by the Pitṛs, the gods, the dependents, the parents and the teacher; such is the prescribed law.’

 

 

VERSE 3.118

Section VII - Duties of the Householder

 

अघं स केवलं भुङ्क्ते यः पचत्यात्मकारणात् ।
यज्ञशिष्टाशनं ह्येतत् सतामन्नं विधीयते ॥११८॥

aghaṃ sa kevalaṃ bhuṅkte yaḥ pacatyātmakāraṇāt |
yajñaśiṣṭāśanaṃ hyetat satāmannaṃ vidhīyate ||118||

 

He who cooks for himself eats only sin; for the eating of good mem has been described as the eating of the remains of sacrifices. — (118).

 

Medhātithi’s commentary (manubhāṣya):

‘He eats only sin’ — i.e., he accumulates sin in his heart; he places that in his stomach, and not even a morsel of food; — ‘who cooks’ — gets food prepared — ‘for himself’ — for his own eating; giving such directions as — ‘I am hungry, and I prefer such and such food; hence cook these.’ Hence one should not have food cooked for himself, except when he is in distress. When, one is in distress, then it is incumbent upon him — in accordance with another injunction — to maintain his body, even at the risk of disobeying a certain injunction; specially in view of the law that ‘one should guard oneself against all.’

Such is the meaning attributed to this verse by some persons. But this is not right; being contrary to another Smṛti text, which says — ‘whatever may be best, liked in this world, and whatever may be most loved in the house, that should be given to the qualified person, by one who wishes that thing to be inexhaustible.’ Now, if what is best liked by the householder were not cooked, how could it be given to others?

What the text means, therefore, is as follows: — So far as the daily cooking is concerned, it is not with special reference to any person; it is only when friends and relations turn up that special things are cooked for them. If it were not so, then there would be no force in the injunction of giving food to guests and others out of the food that has not been cooked for any person in particular. What is meant is that the evil mentioned in the verse attaches to one who eats food without offering it to the guest, &c.; — or that, in the event of all the food cooked being eaten up by the guest and others, the

Householder shall not have more food cooked only for himself. Vaśiṣṭha has declared — ‘the Husband and wife should eat the remnant; if the whole has been eaten, cooking should not be done again.’ (11-11-12).

‘The eating of the remains of sacrifices; — this is only laudatory of the ‘eating of what is left,’ enjoined above (in 117).

‘Sacrifice’ — the Jyotiṣṭoma and the rest.

‘Remains’ — what is left after use. — The ‘eating’ of this is called ‘yajñaśiṣṭāśanam’. Equal to this in its effects has been described the eating — of what remains after the feeding of the guest and others, — of all good householders, who are intent upon the obeying of the scriptures. — (118)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 457) as deprecating the conduct of the man who does not entertain guests.

 

Comparative notes by various authors:

Viṣṇu (67.43). — [Reproduces Manu.]

Baudhāyana (2.7.16). — ‘He who eats alone is entirely sinful; the food he takes is futile.’

Yama (Vīramitrodaya-Āhnika, p. 457). — ‘He who cooks for himself eats sin; one should always avoid that futile cooking which is intended only to please his own palate.’

Paiṭhīnasi (Vīramitrodaya-Āhnika). — ‘One shall not cook for himself, nor shall he kill animals for himself; one who cooks for the sake of gods and for the sake of Brāhmaṇas does not become tainted with sin.’

Jābāla (Do.) — ‘He who eats without bathing, eats dirt; he who eats without having repeated mantras, eats pus and blood; he who eats without having offered Homa, eats insects; and he who eats food without offering it to others, eats poison.’

 

 

VERSE 3.119

Section VII - Duties of the Householder

 

राजर्त्विग्स्नातकगुरून् प्रियश्वशुरमातुलान् ।
अर्हयेन् मधुपर्केण परिसंवत्सरात् पुनः ॥११९॥

rājartvigsnātakagurūn priyaśvaśuramātulān |
arhayen madhuparkeṇa parisaṃvatsarāt punaḥ ||119||

 

He should receive, with the “honey-mixture,” the king, the priest, the accomplished Student, the Teacher, the Son-in-law, the Father-in-law and the Maternal uncle, — coming again after a year. — (119)

 

Medhātithi’s commentary (manubhāṣya):

In course of the entertaining of guests, the Text proceeds to lay down the special form of honouring of a few other respected persons also.

‘King’ — stands here for the annointed king of men, and not for the mere Kṣatriya in general. The honour here prescribed is a very great one, and every Kṣatriya does not deserve it. Nor would it be right to speak of an ordinary Kṣatriya along with the ‘accomplished student’ and the ‘teacher;’ for there can be no similarity between the honour accorded to the Teacher and to an ordinary Kṣatriya. There are Vedic texts also indicative of the same conclusion. For instance, in the Ātithyeṣṭi-Brāhmaṇa we read — ‘the guest is like a king of men arrived;’ and in connection with the rule of killing a cow for the offering of ‘Honey-mixture,’ we find the guest spoken of as ‘the killer of cows;’ all which goes to show that the said offering is meant for the king of men. Hence the honour here mentioned is to be paid to a king of men, irrespective of his being a Kṣatriya or not. But so far as the Śūdra king of men is concerned, no honours are to be paid to him which are accompanied by the recitation of Vedic Mantras.

“All that is prohibited is the uttering of mantras by the Śūdra; there is no prohibition of the reciting of mantras by the Brāhmaṇa and others at an offering made to the Śūdra.”

This does not affect our position; as the persons honoured have also got to recite certain mantras, such as ‘bhūtebhyastvā, &c.’

“But in the Mahābhārata we read of the Honey-mixture offered by the Śūdra also: ‘He himself offered to the Blessed Lord a seat fit for him, as also the Honey-mixture and the cow,’ — where Vidura is described as offering it to Vāsudeva.”

In such cases, the term ‘honey-mixture’ is used figuratively in the sense of curd, which is one of the ingredients of that mixture; and, in common usage, the name of a thing is applied to another when the latter helps in the bringing into existence of the former; when, for instance, Butter is spoken of as ‘longevity’ itself.

From all this it is clear that the term ‘king’ here denotes the king of men, and not the mere Kṣatriya.

The term ‘priya’ has been declared to mean the son-in-law.

‘Accomplished student’ — i.e., accomplished, not in learning ail’d observances both (but only in learniug, still keeping up the observances). If it had stood for one who has accomplished and finished both, then, since the ‘Teacher’ and the ‘Priest’ also would be such ‘accomplished students’ (there would be no point in mentioning these separately). As for people in the other states (of the Recluse, etc.), for these feeding on alms has been prescribed, and not eating in the manner of ‘guests.’ Or, the term ‘snātaka,’ ‘accomplished student’ may stand for one who has only recently completed his course of Vedic Study.

‘He should receive’ — honour — all these.

The term ‘honey-mixture’ is the name of a rite; and the exact form of this rite is to be learnt from the Gṛhyasūtras.

‘Parisamvatsarān,’ ‘cominy after a year,’ — qualifies the King and other persons to be honoured. The term means ‘over whom one year has passed.’ The meaning is that they are entitled to the honour of the ‘honey-mixture,’ if they come after a year, not before that.

Some people explain the verse to mean that if they, happen to come before the year, then, even though the full year may not have elapsed since the last offering was made, yet they are to receive the offering. Hut others hold that the honouring here prescribed is an annual function; and not as often as they may come; and under this view, the mere fact of their coming before the year is entirely out cannot be an obstacle to the honour being offered.

Another reading is ‘parisamvatsarāt;’ which means that the honour is to be held in abeyance for a year; after that they should be honoured. — (119)

 

Explanatory notes by Ganganath Jha:

‘Priyaḥ’ — ‘Son-in-law’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘Friend’ (Nārāyaṇa and Nandana).

‘Parisaṃvatsarān’ — Kullūka reads ‘parisaṃvatsarāt.’

“The Mahābhārata has here parisaṃvatsaroṣitān, ‘gone a year on a journey.’” — (Hopkins).

This verse is quoted in Vīramitrodaya (Āhnika, p. 454) as laying down the ‘Madhuparka’ offering for the King and some others.

Medhātithi (Footnote, p. 237.) — The printed editions have wrongly treated the verse ‘yadyadiṣṭatamam &c.’ as Manu’s text. It is only a part of Medhātithi’s comment, quoted by him as the ‘Smṛtyantara’ referred to by him in line 16.

 

Comparative notes by various authors:

(verses 3.119-120)

Gautama (5.28-30). — ‘The Priest, the Teacher, the Father-in-law, the paternal uncle and the maternal uncle, — when these arrive the Honey-mixture is to be offered; again on the lapse of a year; and also before the marriage and the sacrifice.’

Āpastamba-Dharmasūtra (2.8.5-9). — ‘The Vedic Scholar deserves the cow and the honey-mixture; as also the Teacher, the Priest, the Accomplished Student, and the King, if he be righteous; to the Teacher, the Priest, the Father-in-law and the King, the cow and the Honey-mixture shall be offered when they come after the lapse of one year; the Honey-mixture consists of curd mixed with honey, or water mixed with honey, or, in the absence of other things, water only.’

Vaśiṣṭha (11.1). — ‘Six persons deserve to be honoured: the Priest, the bridegroom, the king, the paternal uncle, the Accomplished Student and the maternal uncle.’

Yājñavalkya (1.109-110). — ‘One shall offer either a big bull or a big goat to the Vedic scholar, as also honour, attendance, delicious food and sweet words; once every year are to be entertained the Accomplished Student, the Teacher, the King; as also the friend and the bridegroom, and the Priests when going to officiate at a sacrifice.’

Āśvalāyana-Gṛhyasūtra (1.24.1-4). — ‘After having appointed the Priest, he shall offer to him the Honey-mixture; also to an Accomplished Student that may happen to arrive; also to the King, the Teacher, the Father-in-law, the paternal uncle and the maternal uncle.’

Pāraskara (1.3. 1-3). — ‘Six persons deserve to be honoured: the Teacher, the Bridegroom, the King, the dear friend, and the Accomplished Student; these shall be entertained once every year; also the Priests that are going to officiate at a sacrifice.’

Gobhila (4.10.23-26). — ‘Six persons are deserving of the honour of entertainment: the Teacher, the Priest, the Accomplished Student, the Bridegroom, the dear friend and the guest; these should be entertained after the lapse of one year; and also at marriage and at a sacrifice.’

 

 

VERSE 3.120

Section VII - Duties of the Householder

 

राजा च श्रोत्रियश्चैव यज्ञकर्मण्युपस्थितौ ।
मधुपर्केण सम्पूज्यौ न त्वयज्ञ इति स्थितिः ॥१२०॥

rājā ca śrotriyaścaiva yajñakarmaṇyupasthitau |
madhuparkeṇa sampūjyau na tvayajña iti sthitiḥ ||120||

 

The king and the Learned Man should be honoured with the Honey-mixture, at the approach of a sacrificial performance, — not if there is no sacrifice (going to be performed). — (120)

 

Medhātithi’s commentary (manubhāṣya):

Some people hold that this verse serves to prescribe the honouring even before the lapse of a year, if the persons happen to Arrive in connection with a sacrifical peformance. Others, however, take it as completing what has been said in the preceding verse; and if it be not taken in this sense, then the statement ‘not if there is no sacrifice’ remains inexplicable.

The term ‘learned man’ here may be taken as standing either for the person spoken of above as ‘accomplished student,’ or for the Priest; it is for the latter that the offering of ‘Honey-mixture,’ when the sacrifice is going to be performed, has been laid down. Though one would perform the Soma-sacrifice several times during the year, yet the Priests would help in the performance only if they have been duly honoured. Thus it is only if taken in this sense that the text comes to have a well-established basis (in the Veda). In any other sense, it will have to have its basis assumed.

Others, however, take the term ‘learned man’ as referring to the Priest and all the rest of them (mentioned in the preceding verse). In fact, Gautama has said this in a general way: Having said that ‘the honey-mixture is to be offered in the reception of the priest, the father-in-law, the paternal uncle and the maternal uncle, (5-25), he says ‘before the sacrifice and the marriage’ (5.27). And from this it is clear that at the time that a sacrifice is going to be performed, all those who deserve to be honoured should be honoured even before the lapse of the year.

‘Not if there is no sacrifice;’ — this prohibition applies to the honouring before t he year is over, and not that which comes after it.

In connection with the second foot of the verse, there are several readings:

Some people read ‘tate yajñe upasthitau,’ ‘who arrive when a sacrifice has commenced;’ and they explain this to mean that ‘the honey-mixture’ is to be offered to them only if they come, by invitation, when the performance of the sacrifice has commenced, and not when it is only going to be commenced.

This view is objected to by some persous: In view of the general rule that ‘the person initiated for sacrifice should not offer anything,’ all offering is prohibited for the initiated sacrificer; so that, if the offering of honey-mixture were now permitted, this would be contrary to the said general rule. It will not be right to argue (in answer to this that — “this is not an offering, since the injunction is that he should honour them, so that it is honouring that is enjoined;” because in the rite of the ‘Honey-mixture, ‘there is an actual offering of curd, as also of meat and food. If it be said that “the man eats what belongs to another person (without the latter offering it),” — in that case, the act would involve the sin of theft. It may be argued that, “in view of the direct assertion permitting such an act, it could not be regarded as theft.” But in that case, the act of giving is there; in fact, th e giving or offering also is actually enjoined in such texts as ‘should offer the honey-mixture.’ Hence the act would be contrary to law. “The offering would be contrary to the law that ‘the Initiated Sacrificer should not offer anything,’ only if the term ‘Sacrifice’ always stood for the Soma-sacrifice (in connection with which we have the said prohibition); as a matter of fact, however, the terra stands for the Darśa- Pūrṇamāsa sacrifices also; and the present injunction may be taken as pertaining to these latter.” This also will not be right; as, in this case, it will be contrary to usage: as a matter of fact, cultured people do not offer the Honey-mixture to honoured persons at any other sacrifice except the Soma-sacrifice; and Usage always follows the Veda.

For all these reasons, the right reading is ‘yajñakarmaṇyupasthite’ (as we have explained already). As a matter of fact, it is only when an honoured person arrives when the sacrificial performance is going to commence that cultured persons receive him with the Honey-mixture; and not after the performance has commenced. For this reason we do not even stop to consider the point that the prohibition (of offering by the Initiated Person) pertains to the act of giving in general, and not to that act of offering or giving which has been enjoined in connection with the sacrifice itself.

The compound ‘yajñakarma’ is to be expounded as the Karmadhāraya compound: when this performance is approaching — going to be performed. — (120)

 

Explanatory notes by Ganganath Jha:

“According to one opinion, given by Medhātithi, and according to Govindarāja, Kullūka and Nārāyaṇa, this rule is a limitation of verse 119, and means that the two persons mentioned shall not receive the ‘Honey-mixture,’ except when they come dining the performance of a sacrifice, however long a period may have elapsed since their last visit — According to another explanation, mentioned by Medhātithi, and according to Nandaṇa and Rāghavānanda, the verse means that a King and a Śrotriya, who come, after a year since their last visit on the occasion of a sacrifice, shall receive the Madhuparka. — The term ‘Śrotriya’ refers, according to Medhātithi, to a Snātaka or to an officiating priest; — according to ‘others’ quoted by him, to all the persons mentioned in the preceding verse; — according to Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda, to a Snātaka.” — Buhler.

This verse is quoted in Vīramitrodaya (Āhnika, p. 455) in support of the view that Madhuparka is to be offered to a King only if he is also a ‘Śrotriya,’ ‘learned in the Veda’, not otherwise; — ‘Śrotriyaḥ’ being taken as qualifying ‘rājā.’ — It is difficult to see how the writer will construe the term ‘Sampūjyau’ (in the dual number).

 

Comparative notes by various authors:

(verses 3.119-120)

See Comparative notes for Verse 3.119.

 

 

VERSE 3.121

Section VII - Duties of the Householder

 

सायं त्वन्नस्य सिद्धस्य पत्न्यमन्त्रं बलिं हरेत् ।
वैश्वदेवं हि नामैतत् सायं प्रातर्विधीयते ॥१२१॥

sāyaṃ tvannasya siddhasya patnyamantraṃ baliṃ haret |
vaiśvadevaṃ hi nāmaitat sāyaṃ prātarvidhīyate ||121||

 

Out of the food cooked in the evening the wife should offer the Bali-oblation, without sacred formulas. This is the “Vaiśvadeva” rite which has been enjoined for both Morning and evening. — (121)

 

Medhātithi’s commentary (manubhāṣya):

The first cooking has been described: the second rooking is now described.

‘Evening’ — end of day, the advent of night; out(?) of the food cooked at that time all the rites pertaining to the ‘Fire Sacrifices’ have to be repeated, with the exception of the ‘Brahmayajña’ (Vedic Study) and the ‘Pitṛyajña’ (Śrāddha).

“All that the text says is that she should offer the ‘Bali-oblation;’ and in ordinary usage it is only the4 Bhūtayajña’ (the offering to elementals) that is called ‘bali.’ So that, whence do we get (out of the words of the Text) either the pouring of libations into fire, or the offering of food to guests &c.? in answer to this the following might be urged — ‘The offering prescribed in the verse is spoken of by the name Vaiśvadeva, and the term, Vaiśradeva, denotes that the offering is meant for all, being prescribed for all gods (viśve devāḥ). In fact the term, both morning and evening, clearly indicates that the offering in the evening is to be precisely similar to that in the morning; it is for the purpose of conveying this sense that the term morning has been used. If it were not so, then, since the morning -offering has been already prescribed before, why should it have been necessary to say here that it has been enjoined for both morning and evening?” But in that case, the Brahmayajña and the Pitṛyajña also should have to be performed (in the evening also),”

Our answer to the above is as follows: — The phrase ‘out of the food cooked’ clearly indicates the doing of that alone which can be done with the food, — and not of the Brahmayajña, which is done by means of Vedic Study, nor of ‘Tarpaṇa’ ( ), which is done with water. We construe the words of the Text as follows ‘out of the food cooked, the Bali-oblation should be offered, and this rite, called Vaiśvadeva, is prescribed as to be done out of the food cooked, both morning and evening.’ That such is the meaning we deduce from the use of the term ‘food’ and that of the term ‘vaiśvadeva

‘Without sacred formulas;’ — what is interdicted is the use of expressions containing the names of the deity and ending with the syllable ‘svāhā;’ such expressions, for instance, as ‘agnaye svāhā,’ and the like; no other sacred formulas have been prescribed in connection with the Vaiśvadeva offerings; the said expressions are called ‘sacred formulas’ (mantra) only with a view to eulogise them; the real character of ‘mantra’ cannot belong to any expressions not occurring in the Veda; all students of Veda accept that only as ‘mantra’ which forms part of the Veda, either in the form of Ṛk, Yajuṣ or Sāman; and the meaning of words is ascertained from usage only. Those expressions with which the Bali and other oblations are made are not found in the text of any Veda; all that the Śruti says is that ‘oblations should be offered to Agni and other deities;’ the use of the syllable ‘svāhā’ also in the offering of all oblations is enjoined in another text, which says that ‘oblations are offered to gods either with the syllable svāhā or vaṣaṭ;’ but the use of the syllable ‘vaṣiṭ’ has been restricted to the end of the ‘yājyā’ mantras only by the declaration ‘one should pronounce vaṣaṭ at the end of the yājyā.’ In connection with the syllable ‘svāhā,’ the grammatical rules lay down the use of the Dative affix. Thus it is that it becomes necessary to use such verbal expressions as ‘agnaye svāhā,’ and the like, because every secrificial offering is aimed for a deity, and it is only by means of words that we know for which deity it is aimed.

“Under the circumstances, as the use of these expressions is prohibited, how can the sacrifice he regarded as accomplished? For so long as the gift is not completed by the assertion ‘this is for you, it is no longer mine,’ the sacrifice cannot be regarded as accomplished. Merely giving up a thing, without special reference to a recipient, cannot be called a ‘sacrifice’.”

This is true: the verbal reference to the gods being prohibited, the wife shall make the reference mentally.Just as when the Śūdra pronounces the syllable ‘namḥ,’ the use of the Mantra being replaced in his case by that syllable — as declared by Gautama, who says ‘For the Śūdra the syllable namaḥ has been ordained as the mantra’ (10.64); and the utterance of the name of the deity is not permitted for him. And yet it has been declared that even in this case the offering to the Deity becomes duly accomplished. The revered teachers, however, have declared that it is only the syllabic ‘svāhā’ that is to be replaced by the syllable ‘namaḥ,’ and that the utterance of the name of the Deity has not been prohibited.

Question: — “ Who is the real performer of the Vaiśvadeva offering in the evening?”

Answer: — It has been already asserted that it is the wife, who will make the offering without mantras; and this because she will be near by. — (121)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 315), which adds the following notes: — The first sentence here extends upto ‘nāmaitat’; ‘sāyamprātarvidhīyate’ being a totally distinct sentence; the latter serves to enjoin the necessity of making the Vaiśvadeva-offering both morning and evening. The meaning thus comes to be that it is only in the evening that the wife is entitled to perform the ‘Vaiśvadeva rite’ in the form of the Bali-offering. Some people hold that the ‘Bali-offering’ herein laid down as to be done by the wife indicates the Vaiśvadeva offering also, and is not meant to be a substitute for the latter.

It is quoted also in Saṃskāraratnamālā (p. 929), which 1ms the following notes: — One sentence runs up to ‘nāmaitat’, and ‘sāyamprātarvidhīyate’ is another sentence, laying down the two times for Vaiśvadeva offering. It is to this offering in the evening alone that the wife is entitled; and it is not right, as some people have held, that the name ‘Vaiśvadeva’ here stands for the entire rite of that name, including the Homa also; because Homa has been expressly forbidden for women. Others again have held that the singular number in ‘balim’ indicates that the only offering that the wife is to make is that which is made in the sky, i.e., the ‘Vaihāyasa-bali’. But this also is not right; because in the same context as the present, another text uses the plural form, ‘balīn haret’. Thus the conclusion is that the entire offering is to be made in the evening either by the man or his wife.

The verse is quoted also in Vīramitrodaya (Āhnika, p. 403), which adds the following explanation: — Bali-offering without mantras, with food cooked in the evening, is to be done by the wife only in the absence of the House-holder and his sons; — ‘Homa’ by women being generally interdicted by several texts.

It is quoted in Aparārka (p. 145) which explains it to mean that — ‘in the absence of males, the wife should offer Vaiśvadeva-bali without mantras.’

 

Comparative notes by various authors:

Gobhila (1. 4.19). — ‘The Bali is to be offered by the woman in the evening, and by the man in the morning.’

Gautama (Aparārka, p. 145). — ‘The Vaiśvadeva-offering and the Bali-offering should be made both morning and evening, even though the man himself may not take any food.’

 

 

VERSE 3.122 [Śrāddhas]

Section VIII - Śrāddhas

 

पितृयज्ञं तु निर्वर्त्य विप्रश्चन्द्रक्षयेऽग्निमान् ।
पिण्डान्वाहार्यकं श्राद्धं कुर्यान् मासानुमासिकम् ॥१२२॥

pitṛyajñaṃ tu nirvartya vipraścandrakṣaye'gnimān |
piṇḍānvāhāryakaṃ śrāddhaṃ kuryān māsānumāsikam ||122||

 

Month after Month, on the moonless day, the Brāhmaṇa with the Fire shall, after having performed the Pitṛyajña, offer the “Piṇḍānvāhāryaka.” — (122)

 

Medhātithi’s commentary (manubhāṣya):

The śrāddha described here is the compulsory one, as distinct from the Vaiśvadeva-śrāddha, which is optional.

‘On the moon-leas day’ — on the Amāvāsya day. There also not at any and every time, but only ‘after having performed the Pitṛyajña.’ That is, after having performed that Ptṛyajña which has been prescribed in the Śruti. Thus the time for the Śrāddha in question comes to be the same as that for this latter; and in connection with this it has been laid down that the Piṇḍapitṛyajña is to be performed on the Amāvāsya day, in the afternoon.’

Even for one who has not set up the fire, the performance of such offerings is essential; as it is declared — ‘the person who has not set up the fire having made the accessary offerings &c.’

‘The Brāhmaṇa with the fire’ — i.e., he who is keeping up the marriage-fire, or who has set up the fire since succession to his property. No significance is meant to be attached to the mention of the ‘Brāhmaṇa,’ since the śrāddha in question is meant to be performed by the Kṣatriya and the Vaiśya also; hence it is that other smṛtis have prescribed this śrāddha without special reference to any particular caste.

‘Piṇḍānvāhārya kam;’ — this is the proper name of this śrāddha; the etymological explanation is that ‘that which is offered along with balls of food, Piṇḍas, is piṇḍānvāhāryaka.’

‘Month after month,’ — in one month, and also in another month. The compound word connotes monthly repetition; thus the meaning is that the śrāddha is to be performed every month. Thus it is that its compulsory character becomes established. Though the term ‘anumāsa’ alone dignities repetition, and the second term ‘māsa’ is superfluous, yet prolixity (anti redundance) is not minded in a metrical treatise. — (122)

 

Explanatory notes by Ganganath Jha:

“The sacrifice identified by the term Pitṛyajña is the so-called Piṇḍapitṛyajña, a Śrauta rite (Āśvalāyana, Śrauta-sūtra 2.6-7); and Piṇḍānvāhāryaka is another name for the monthly Śrāddha.” — Buhler.

This verse is quoted in Smṛtitattva, (p. 165), where it is explained as laying down the order of sequence between Piṇḍapitṛyajña and Piṇḍānvāhāryaka, as performed by the man with the consecrated fire; — the particle ‘anu’ denotes repetition; — ‘candrakṣaye’ means ‘on the Amāvasyā day.’

It is quoted in Kālaviveka (p. 354) as laying down Śrāddha to be performed on the Amāvasyā day.

Madanapārijāta (p. 321) quotes it in support of the view that all those texts that lay down the Vaiśvadeva offering as to be done before the Śrāddha, are to be taken as applying only to the man who has set up the Śrauta Fire (which is what is meant by the term ‘agnimān’ in the present verse); — again on p. 495, where it adds that ‘māsānumāsikam’ means ‘every month’; and goes on to explain that Piṇḍapitṛyajña is to be performed also by the man who has not set up the Śrauta Fire; so that for the man with the ‘Śrauta Fire,’ as well as for the man with the ‘Domestic Fire,’ it is necessary to perform Anvādhāna, Piṇḍapitṛyajña and Amāvasyā-Śrāddha, — all on the same day.

Nirṇayasindhu (p. 40) quotes this verse as permitting the performance of Śrāddha on a day on which there is Caturdaśī in the morning but Amāvasyā for the rest of the day.

This is quoted in Aparārka (p. 418), which remarks that the repetitive form of the term ‘māsānumāsikam’ is meant to imply that the Śrāddha on the Amāvasyā day is compulsory; — in Hemādri (Kāla, p. 609) to the effect that ‘Pitṛyajña’ should be performed before the ‘Śrāddha’; — in Hemādri (Śrāddha, pp. 72,171,321 and 1064); — in Saṃskāraratnamālā (pp. 956 and 989) to the effect that the Amāvasyā-Śrāddha should be performed after Piṇḍapitṛyajña; it explains ‘Piṇḍānvāhāryakam’ as Piṇḍānām piṇḍapitṛyajñārthānām anu paścāt āhṛyate kṛyate iti,’ and calls it a name for the Amāvasyā

Śrāddha; — in Smṛtisāroddhāra (p. 185), which explains ‘Piṇḍānvāhāryakam’ as Pārvaṇaśrāddha, and expounds the same as ‘piṇḍāḥ anu brāhmaṇabhojanānantaram āhriyante asmin’; — in Śrāddhakriyākaumudī (p. 6) as laying down Amāvasyā-Śrāddha; — and in Gadādharapaddhati (Kāla, pp. 431 and 492).

 

Comparative notes by various authors:

Sumantu (Aparārka, p. 418). — ‘The man with the fire shall offer Śrāddha to those to whom his father offers it.’

Maitrāyaṇīya-pariśiṣṭa (Do.). — ‘Marriage, the birth of a son, the Pitrya Iṣṭi, Soma-sacrifice, sacred places, and the arrival of the right Brāhmaṇa, — these are occasions for the performance of Śrāddha by one whose father is living.’

Viṣṇu (Do.). — ‘If the man with his father living performs Śrāddha, he should offer it to those to whom his father offers it; if his grandfather is alive, to those to whom the grandfather offers it; if his father, grandfather and greatgrandfather are all alive, he shall not offer it at all.’

Gautama (15.2). — ‘During the later fortnight, from the fifth day onwards, Śrāddha shall be performed.’

Yājñavalkya (1. 217). — ‘The Moonless day, the Aṣṭakās, the Auspicious ceremonies, the darker fortnight, the two solstices...... (these are the occasions for Śrāddha).’

Vyāsa (Aparārka, p. 417). — ‘The Moonless day on which the moon sets after appearing is called Sinīvālī; on that day should Śrāddha be offered by Agnihotrins; and that day on which the moon is entirely invisible (called Kuhū), on that it should be offered by Brāhmaṇas without fire and by others.’

Laugākṣi (Do., p. 418). — ‘The man whose father is dead should offer Śrāddha every day, also every month on the moonless day, on auspicious occasions and also every year.’

Uśanas (Aparārka, p. 418). — ‘The twice-born man whose father has died shall offer Śrāddha every day — be he with Fire or without Fire; also every month and every year.’

Hārīta (Do.). — ‘While one’s father is living, one should avoid all Śrāddhas; but according to some people, he should offer it to those Pitṛs to whom his father offers it.’

 

 

VERSE 3.123

Section VIII - Śrāddhas

 

पितॄणां मासिकं श्राद्धमन्वाहार्यं विदुर्बुधाः ।
तच्चामिषेणा कर्तव्यं प्रशस्तेन प्रयत्नतः ?? ॥१२३॥

pitṝṇāṃ māsikaṃ śrāddhamanvāhāryaṃ vidurbudhāḥ |
taccāmiṣeṇā kartavyaṃ praśastena prayatnataḥ ?? ||123||

 

The monthly śrāddha to the Pitṛs the wise call “anvāhārya;” and it should be carefully performed with such meat as has been commended. — (123)

 

Medhātithi’s commentary (manubhāṣya):

‘Anvāhārya’ is the name of the fee paid to the priests officiating at the Darṣa-Pūrṇamāsa sacrifices; and the monthly śrāddha offered to the Pitṛs is the ‘Anvāhārya fee’ for the Ancestors; and the sense of the metaphor is that the Pitṛs are as much pleased on receiving the śrāddha-ofterings as the Priests are on receiving the fee. This name serves to indicate that the śrāddha is performed for the Pitṛs. But the relation in which the Ancestors stand to the śrāddha is not the same in which the Deities stand to the Darśa and other sacrifices; as the śrāddha is performed for their benefit; and it is in this sense that we have the genitive case in ‘pitṛṛṇām (pitṝṇām?)’; if the Pitṛs were the ‘deities,’ then there would be no reason for the omitting of the Dative affix.

Another reading giving a totally different sense is ‘piṇḍānām māsikam.’

‘The wise call Anvāhārya’ — This also indicates the obligatory character of the Pitṛ-yajña (which is as necessary as the sacrificial gift); but with this difference that it is not a mere subordinate factor (as the sacrificial fee is).

‘It should be performed with such meat as has been comended’ — i.e., not prohibited, or particularly recommended; as in 268, where it is said ‘with the meat of fish the Ancestors remain satisfied for two months, etc., etc.’

This is the principal method; in the absence of meat, curds, butter, milk, cakes, etc., shall be offered, as is going to be prescribed later on.

The meat, however, is only the sauce for the seasoning of such food as cooked rice and the like; it does not consti-tute a food by itself, since the text is going to describe ‘such subsidiaries us soup and vegetables, etc.’ (226), and also ‘on what kinds of food, etc.’ (next verse). — (123)

The question that arises now is that the śrāddha consisting of the several acts of (a) oblations in fire, (b) feeding of Brāhmaṇas, (c) offering of hulls of food, and so forth, — are they all equally principal and expressible by the name ‘śrāddha?’ Or, some are principal and some secondary? The answer is that, in view of suoh expressions as — ‘one should feed Brāhmaṇas in śrāddha,’ ‘this man has eaten at the śrāddha,’ and so forth, where ‘feeding’ and ‘śrāddha’ are spoken of as synonyms, — the ‘feeding of Brāhmaṇas appears to be the principal factor.’ To the same end our Author says —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 573); — and in Godādharapaddhati (Kāla, p. 431), which expounds the name ‘anvāhāryam’ as ‘anu, paścāt, āhāryam kāryam,’ and says that this the learned call ‘Dārśa-Śrāddha.’

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.16). — ‘Śrāddha should be performed month by month.’

Āpastamba-Dharmasūtra (2.19). — ‘The first alternative is that at these Śrāddhas the offering should consist of butter and meat.’

Viṣṇu-Smṛti (70.24). — [The Pitṛs are represented as saying] — ‘Kālaśāka, Mahāśalka, the meat of the Vārdhrīṇasa goat, and the meat of the rhinoceros whose horn has not come out, — these we partake of.’

Laugākṣi (quoted in Parāśaramādhava, p. 308) — ‘The twice-born person whose father is dead must perform Śrāddha on the moonless day every month.’

 

 

VERSE 3.124

Section VIII - Śrāddhas

 

तत्र ये भोजनीयाः स्युर्ये च वर्ज्या द्विजोत्तमाः ।
यावन्तश्चैव यैश्चान्नैस्तान् प्रवक्ष्याम्यशेषतः ॥१२४॥

tatra ye bhojanīyāḥ syurye ca varjyā dvijottamāḥ |
yāvantaścaiva yaiścānnaistān pravakṣyāmyaśeṣataḥ ||124||

 

I am now going to describe fully which and how many Brāhmaṇas should be fed at it, and on what food, — as also those that should be avoided. — (124)

 

Medhātithi’s commentary (manubhāṣya):

‘At it’ — at the śrāddha; — those Brāhmaṇas that should be fed, — as also those that should be avoided; — ‘how many’ — what number; as is going to be pointed out that ‘two should be fed at the offering to the gods, and so forth’ (125); — ‘on what food,’ — ‘on sesamum, barley, etc.’ (267) all this ‘I am now going to describe’ — listen-to it.

This (feeding of Brāhmaṇas) is the chief thing to be accomplished; for without this the śrāddha is as good as not done. As for the subsidiary factors, — those that help in the performance directly, as well as those that help indirectly, — even if these are not duly accomplished, the śrāddha is done, — only it is not quite complete in its details. Hence it is that the subjects have been propounded again, for the purpose of indicating their predominant character. — (124.)

 

Explanatory notes by Ganganath Jha:

Medhātithi (p. 241, l. 25) — ‘Yaccāṅgajātam etc.’ — The Mīmāṃsakas, specially those belonging to the ‘Prābhākara’ school, classify ‘subsidiaries to an act’ under four heads: — (1) class-character, (2) quality, (3) substance, and (4) such things as are denoted by verbs, i.e., actions. The last of these is grouped under two heads — (1) Those directly helpful, called Sannipatyopakāraka, and (2) those indirectly helpful, called ‘Ārādupakāraka’. That which produces its direct effects in certain things conducive to the fulfilment of the sacrificial act, is its Sannipatyopakāraka; e.g., the sitting of the sacrifìcer, the threshing of the corn and so forth. The Sannipatyopakāraka is of four kinds — (1) that which brings into existence a certain substance; i.e., the kneading of the flour, which brings into existence the dough; — (2) that which leads to the acquisition of a certain substance; e.g., the act of milking the cow; — (3) that which produces some change in an already existing substance; e.g., the boiling of clarified butter; — (4) that which is purely purificatory, e.g., the sprinkling of water over the corn. The subsidiaries that belong to this class do not produce any transcendental result —

Apūrva — of their own; they are related to the result produced by the sacrificial act to which they are subsidiary......... The

Ārāpudakāraka — or indirectly helpful subsidiaries — are of two kinds — (1) those that fulfil only a transcendental purpose and do not produce any visible effects in any material substance; e.g., the small offerings made during the Darśapūrṇamāsa, such as the Samid-yāga and the rest; — and (2) those that produce both transcendental and visible effects; e.g., the Payovrata, the act of the Sacrificer and his wife living, during the performance of the Jyotiṣṭoma, purely on milk. These latter, from their very nature, are such acts as have their own minor resultant Apūrvas, which go to help in the fulfilment of the Apūrva of the main sacrificial act itself. [For a discussion on this subject, the reader is referred to the Prābhakara School of Pūrva Mīmāṃsā, pp. 180-185.]

This verse is quoted in Hemādri (Śrāddha, p. 377).

 

 

VERSE 3.125

Section VIII - Śrāddhas

 

द्वौ दैवे पितृकार्ये त्रीनेकैकमुभयत्र वा ।
भोजयेत् सुसमृद्धोऽपि न प्रसज्जेत विस्तरे ॥१२५॥

dvau daive pitṛkārye trīnekaikamubhayatra vā |
bhojayet susamṛddho'pi na prasajjeta vistare ||125||

 

Even though wealthy, one should feed two at the rite performed in honour of the gods, and three at that in honour of the Pitṛs; or one only at each of the two rites he should not indulge in large company. — (125)

 

Medhātithi’s commentary (manubhāṣya):

Though as a rule each subject should be propounded in the same order in which it has been mentioned before, — and according to this the persons to be fed should have been described first, — yet the present verse describes their number first; because there is very little to be said on this point.

With reference to the gods, one should feed two Brāhmaṇas, and at the rite performed in honour of the Pitṛs he should feed three; ‘or one at each of the two’ — i.e., one at the rite in honour of the Gods and one at that in honour of the Pitṛs.

Though the word used in the Text is ‘pitṛ,’ which shows that the entity to whom the offering is to be made is the Father, yet, as a matter of fact, the offering is to be made to the Father, grandfather and great-grandfather. Hence, at the śrāddha, one should food one Brāhmaṇa for each of these three, — and not one only for all three; because each of them constitutes a distinct ‘recipient of offering.’ Says the author of the Gṛhyasūtra (Āśvnlāyana, 4. 7.2-4) — ‘Not only one for all; it has been explained by means of the balls;’ that is, just as only one ball is not offered to all, so only one Brāhmaṇa should not be fed for all. Here also the author will say later on — ‘he should invite at least three;’ and the invitation there spoken of is for the purpose of feeding them, and not for the purpose of any merely transcendental result. It is for this reason that at the rite in honour of ancestors one should feed three, — that is, three times three, specially as it has been declared that ‘one should not feed the least number.’ This same explanation applies also to what is said below (in 129) regarding the feeding ‘even one learned person at each;’ which means that one for each of the three ancestors.

Further, the words ‘or only one at each of the two’ does not contain an injunction; it is only a reiteration made for the propose of introducing the prohibition of ‘large company;’ just as we have in the statement — ‘eat poison, do not eat in his house.’

“If that be so, then the assertion ‘he should feed two at the rite in honour of the gods’ also may not be an injunction; as this also could be explained as subservient to something else. If, however, this be regarded as an Injunction, on the ground that what it says is not knowable from any other source, — then, why cannot the statement ‘one at each’ also be an Injunction?”

The answer to this is that neither of the two statements may be regarded as an Injunction.

“Whence, then, could we know the number (to be fed)?”

From the assertion — ‘he should invite at least three.’

“But in that passage there is no mention of the rite in honour of the gods.”

Well, in that case, we can learn the number from another Smṛti: — ‘an odd number, according to one’s enthusiasm,’ ‘an even number at the rite in honour of the gods’ (Yājñavalkya, ācāra, 227).

Further, if the present verse contained an Injunction of the number to be fed, then, since there would be no possibility of any idea arising regarding the ‘large company,’ the prohibition of it would be absolutely uncalled for.

From all this it follows that only so many Brāhmaṇas should be fed, by feeding whom one would not fall into those difficulties that might arise from the feeding of too many men. That is, at the rite in honour of the ancestors, an odd number, and at that in honour of the gods, only two.

Even when the man is extremely wealthy, — very rich, — ‘he should, not indulge in large company.’ — (125)

This prohibition of feeding a very large number is not with a view to any transcendental result. In fact —

 

Explanatory notes by Ganganath Jha:

Buhler is not quite fair to Medhātithi when he says that he takes the first part of the verse in a peculiar manner, “one must feed two Brāhmaṇas at the offering to the gods and three for each ancestor (or nine in all) at the offering to the manes”. This is not quite what Medhātithi takes the text to mean; what he mentions is what ought to be done, in consideration of the other texts that he quotes.

This verse is quoted in Gadādharapaddhati (Kāla, p. 511); — in Nṛsiṃhaprasāda (Śrāddha, p. 24b); — in Hemādri (Śrāddha, pp. 159 and 114); — and in Śrāddhakriyākaumudī (p. 94), which explains ‘ubhayatra’ as ‘one in Devakṛtya and one in Pitṛkṛtya.’

The first quarter of this verse is quoted in Parāśaramādhava (Ācāra, p. 698) as laying down the proportion of Brāhmaṇas to be fed at the two sorts of rites. If five Brāhmaṇas are to be fed, two should be fed in connection with the offering to the Gods and three in connection with that to the Pitṛs.

Madanapārijāta (p. 592) quotes the verse, and explains that the forbidding of the feeding of a large company is based on the fear that if a large number of people are invited at a time or place not quite suited for the purpose, there may be many defects that, would go to vitiate the entire rite.

Nirṇayasindhu (p. 287) quotes this verse; — also Aparārka (p. 430), which adds that the term ‘Pitṛ’ here includes the maternal grandfather and all those who have been declared to be ‘deities’ (for the Śrāddha); — again on p. 463, where it adds that it is meant to eulogise the lesser number, and not to prohibit large numbers; if it meant the latter, it would be wrong to feed a large number of men, which is actually enjoined by other Smṛtis.

 

Comparative notes by various authors:

Vaśiṣṭha (11.24). — [Reproduces Manu.]

Gautama (15.8, 21). — ‘At least nine; or an odd number; or any number, in accordance with his zeal; (the man invited) should be possessed of excellent qualities.’

Viṣṇu (73, 3-4). — ‘In connection with the offering to the gods one should feed two men, who should be facing the east; and in connection with the offering to Pitṛs, three men, who should he facing the north; or one in connection with each of the two offerings.’

Yājñavalkya (1.227-229). — ‘At the offering to gods, an even number, and at that to Pitṛs, an odd number of Brāhmaṇas should be invited, to the best of one’s capacity. Two men facing the east, in connection with the offering to the gods; three facing the north, in connection with the offering to Pitṛs; or one in connection with each of the two offerings; so also in the case of the offering to the maternal grand-fathers.’

Āśvalāyana-Gṛhyasūtra (4.2). — ‘Brāhmaṇas endowed with learning and character and good conduct, invited in time, bathed and purified, should be made to face the north, as if they were Pitṛs, either one or two or three for each one of the Pitṛs; but never only one for all.’

Baudhāyana (2.9.21). — [The same as Manu.]

Paiṭhīnasi (Parāśaramādhava, p. 698). — ‘One shall invite seven or five or two Brāhmaṇas learned in the Veda.’

Śaunaka (Do.). — ‘Two for each Pitṛ; one for each; or three for each.’

Brahmāṇḍa-purāṇa (Do., p. 699). — ‘Even though he has the capacity, he should feed less than nine, never more; so say those who perceive difficulties in feeding a large number,’

Vṛddha-Bṛhaspati (Do.). — ‘At the rite in honour of Pitṛs and gods, one shall feed one or two or three on behalf of each; due honour and observance of right time and place cannot be fulfilled if there is an excess.’

Śaṅkha (Do.). — ‘Or one may feed a single Brāhmaṇa, who is the sanctifier of company.’

Vaśiṣṭha (Aparārka, p. 461). — ‘Or, one may feed a single Brāhmaṇa, thoroughly versed in the Veda.’

 

 

VERSE 3.126

Section VIII - Śrāddhas

 

सत्क्रियां देशकालौ च शौचं ब्राह्मणसम्पदः ।
पञ्चैतान् विस्तरो हन्ति तस्मान्नैहेत विस्तरम् ॥१२६॥

satkriyāṃ deśakālau ca śaucaṃ brāhmaṇasampadaḥ |
pañcaitān vistaro hanti tasmānnaiheta vistaram ||126||

 

Respectful treatment, place and time, purity and the qualities of Brāhmaṇas, — a large company hampers these five; therefore one shall not seek a large company. — (126)

 

Medhātithi’s commentary (manubhāṣya):

Since ‘large company’ entails all these defects, therefore ‘large company’ is not considered desirable. When, however, respectful treatment and the rest are found feasible, then one might net according to one’s enthusiasm.

‘Respectful treatment’ — careful preparation of the food.

‘Place’ — ground sloping to the south, and so forth (which has been recommended for Śrāddhas), as one going to be described below (in 207).

‘Time’ — the afternoon; laid dowu in such texts as ‘when the sun has just passed the meridian, &c.’

‘Purity’ — of oneself, of the Brāhmaṇas invited, and of his own servants.

‘Qualities of Brāhmaṇas’ — the obtaining of qualified Brāhmaṇas.

All these advantages are such as must be secured; and these are hampered by having a large company; hence large company becomes a drawback; and this is involved in inviting too many Brāhmaṇas. Hence ‘one should not seek’ — bring together — ‘a large company.’ — (126)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nirṇayasindhu (p. 287); — also in Aparārka (p. 463); — in Gadādharapaddhati (Kāla, p. 511); — in Śrāddhakriyākaumudī (p. 94).

 

Comparative notes by various authors:

Baudhāyana (2.8.22). — [Same as Manu.]

Vaśiṣṭha (11.26). — [Same as Manu.]

 

 

VERSE 3.127

Section VIII - Śrāddhas

 

प्रथिता प्रेतकृत्यैषा पित्र्यं नाम विधुक्षये ।
तस्मिन् युक्तस्यैति नित्यं प्रेतकृत्यैव लौकिकी ॥१२७॥

prathitā pretakṛtyaiṣā pitryaṃ nāma vidhukṣaye |
tasmin yuktasyaiti nityaṃ pretakṛtyaiva laukikī ||127||

 

This rite named “Pitrya,” performed on the Moonless Day is known as beneficial to the dead. To him who is intent on performing it, there always accrues benefit after death, offered according to human ordinances. — (127)

 

Medhātithi’s commentary (manubhāṣya):

‘Rites performed for the gods’ are not regarded as conferring any benefit on the gods; such, however, is not the case with this rite which is named ‘Pitrya.’ “What then?” It is ‘known,’ among people learned in the Vedas as ‘beneficial to the dead’ — as conferring a benefit on the dead.

‘On the moonless night’ — on the day on which there is no moon; i.e., the amārasyā day. Another residing is ‘vidhikṣaye.’ But the most faultless reading is ‘vidhuhṣaye.’ The meaning of the former would be that the rile named Pitryā is one that has been prescribed as to be done in the house.

‘Upon this’ — upon this rite, — ‘he who is intent’ — he who is busy with its performance. To him there ‘always accrues,’ ‘benefit after death;’ i.e., for him also benefit after death is conferred by his sons performing the śrāddha and other rites for him.

 

What this means is that the continuity of the lines of one’s descendants — sons and grandsons — is the reward of performing śrāddhas. But this reward is not the incentive to its performance; as the rite has already been described as an obligatory one.

Others, however, have regarded this as indicating another incentive, for one desiring continuity of his line.

‘Offered according to human ordinances’: — i.e., this rite is performed according to rules laid down in the Smṛtis. — (127)

 

Explanatory notes by Ganganath Jha:

‘Vidhukṣaye’ — ‘On the moonless day’. — Govindarāja reads ‘vidhiḥ kṣaye’, which Medhātithi notes with approval, and explains as — the ‘vidhi’, rite, named — ‘nāma’ — ‘Pitrya,’ is to be performed in the house, ‘kṣaye, gṛhe.’

 

Comparative notes by various authors:

Gautama (15.1). — ‘One shall offer Śrāddha to Pitṛs on the moonless day.’

Viṣṇu (76.1-2). — ‘The moonless day, the three Aṣṭakās, the three Anvaṣṭakās, the full-moon days of the month of Māgha, the thirteenth day of the darker fortnight following after the full-moon day of the month of Bhādra; — these are the occasions for obligatory Śrāddha, laid down by Prajāpati; one not offering Śrāddha on these days falls into hell.’

Baudhāyana (2.8.1). — ‘Offerings to Pitṛs are praiseworthy and conducive to longevity, heaven and prosperity.’

Prajāpati-Smṛti (21). — ‘If one performs Śrāddha on the moonless day, with the help of Brāhmaṇas learned in the Veda, his Pitṛs become satisfied and reward him with what he desires.’

 

 

VERSE 3.128

Section VIII - Śrāddhas

 

श्रोत्रियायैव देयानि हव्यकव्यानि दातृभिः ।
अर्हत्तमाय विप्राय तस्मै दत्तं महाफलम् ॥१२८॥

śrotriyāyaiva deyāni havyakavyāni dātṛbhiḥ |
arhattamāya viprāya tasmai dattaṃ mahāphalam ||128||

 

Food offered to the gods and that offered in the Pitṛs are to be given to the most deserving; Brāhmaṇa learned in the Vedas. What is given to him is conducive to great results. — (128)

 

Medhātithi’s commentary (manubhāṣya):

‘Learned in the Veda’ — he who recites the entire Vedic text, Mantras as well as Brāhmaṇas: to him; — ‘the food offered to the gods’ — i.e., those articles of food that are offered, in connection with Śrāddhas to the Visve-devas: — ‘should be given;’ — as also ‘the food offered to the Pitṛs,’

‘Most deserving;’ — ‘desert (deserve?)’ here stands for respectability and ability. It is a person born of a noble family that is respected; and a person born of a noble family is generally equipped with learning and character.

‘What is given to him,’ — even things other than the Śrāddha- offerings, — ‘is conducive to great results.’ The meaning is that — ‘gift made to the unlearned is fruitless; that made to a person learned in the Veda, but devoid of nobility and other good qualities, is conducive to some slight results; and that to the most deserving is conducive to great results.’ — (128)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 350) as laying down that the learned man alone is entitled to be fed at religious rites; — and again on page 679 to the same effect; — in Aparārka (p. 437); — also in Hemādri (Śrāddha, p. 377); — in Śrāddhakriyākaumudī (p. 34); and. in Nṛsiṃhaprasāda (Śrāddha, p. 6b).

 

Comparative notes by various authors:

Vaśiṣṭha (3.9). — ‘Offerings made to Gods and Pitṛs should be presented to the Vedic scholars; that which is presented to one ignorant of the Veda reaches neither the Pitṛs nor the Gods.’

Āśvalāyana-Gṛhyasūtra (4.2). — (See under 125.)

Gautama (15.9). — ‘Vedic scholars, endowed with eloquence, beauty, age and character.’

Prajāpati-Smṛti (70, 71, 74). — ‘Those engaged in Vedic rites, calm, sinless, maintainers of Fire, devoted to their duties, austerities, conversant with the meaning of the Veda, born in noble families, devoted to parents, maintaining themselves by means of livelihood recommended for Brāhmaṇas, teachers knowing Brahman, — such are the Brāhmaṇas that are helpful in the success of Śrāddhas.

Smṛtyantara (Parāśaramādhava, p. 350). — ‘If food is offered to a Brāhmaṇa who is devoid of cleanliness, fallen from his vows, and ignorant of the Veda, it weeps and says — what sin have I committed!’

Mahābhārata-Āśvamedhika (Do.). — ‘Food should be offered to one who arrives at the right time and place, suffering from hunger, thirst and fatigue.

 

 

VERSE 3.129

Section VIII - Śrāddhas

 

एकैकमपि विद्वांसं दैवे पित्र्ये च भोजयेत् ।
पुष्कलं फलमाप्नोति नामन्त्रज्ञान् बहूनपि ॥१२९॥

ekaikamapi vidvāṃsaṃ daive pitrye ca bhojayet |
puṣkalaṃ phalamāpnoti nāmantrajñān bahūnapi ||129||

 

By feeding at least one learned brāhmaṇa each at the rite performed in honour of the gods and that performed in honour of the ancestors, — one obtains a full reward; and not by feeding even many men ignorant of the Veda.’ — (129)

 

Medhātithi’s commentary (manubhāṣya):

What has been said above in regard to the ‘most deserving Brāhmaṇa’ is further explained.

‘By feeding at least one learned Brāhmaṇa, one obtains a full reward; — what is meant by ‘learning’ has already been explained; it consists in knowing the Veda and its meaning; that this is so, is also shown by what follows in the text: ‘not by feeding even many men ignorant of the Veda;’ the term ‘mantra’ here stands for the Veda.

In the absence of five Brāhmaṇas learned in the Veda, one should feed at least one; — such is the meaning of the present injunction.

‘Full’ — great, large. — (129)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without any comment in Parāśaramādhava (Ācāra, p. 679); — and in Aparārka, (p. 437).

 

Comparative notes by various authors:

Gautama (15.21). — ‘One duly qualified.’

Vaśiṣṭha (11.26). — ‘Or, one may feed even a single Brāhmaṇa who is fully conversant with the Veda, and endowed with learning and character, and free from all bad qualities.’

Yājñavalkya (1.219-221). — ‘The following Brāhmaṇas are conducive to the perfection of the Śrāddha: learned in all Vedas, learned in one Veda, conversant with Brahman, young, knowing the meaning of the Veda, the Jyeṣṭhasāman, Trimadhu, Trisuparṇaka, sister’s son, officiating priest, son-in-law, one for whom the performer officiates at sacrifices, father-in-law, maternal uncle, Triṇāciketas, daughter’s son, pupil. marriage-relations, relations, perfect in knowledge, perfect in austerities, maintainor of five Fires, religious student, those devoted to their parents.’

Vaśiṣṭha (Aparārka, p. 439). — ‘One shall feed ascetics, well-behaved householders, old men, persons devoted to good acts, those learned in the Veda, pupils not residing with the teacher; life-long resident students also may be fed if exceptionally qualified.’

 

 

VERSE 3.130

Section VIII - Śrāddhas

 

दूरादेव परीक्षेत ब्राह्मणं वेदपारगम् ।
तीर्थं तद् हव्यकव्यानां प्रदाने सोऽतिथिः स्मृतः ॥१३०॥

dūrādeva parīkṣeta brāhmaṇaṃ vedapāragam |
tīrthaṃ tad havyakavyānāṃ pradāne so'tithiḥ smṛtaḥ ||130||

 

From far off one should examine the Brāhmaṇa thoroughly versed in the Veda; such a one is the proper channel for offerings to gods and Pitṛ and in the matter of gifts he has been declared to be the guest. — (130)

 

Medhātithi’s commentary (manubhāṣya):

One is not to be fed simply because he is thoroughly versed in the Veda; in fact, he should be examined ‘from far off;’ i.e., one should carefully ascertain the purity of his father’s and mother’s families. It has been declared that persons should be regarded as real Brāhmaṇaa on both sides, only when it is found that everyone of their ancestors on the father’s and on the mother’s side up to ten degrees were accomplished in learning and austerities and their acts were virtuous; this is what constitutes ‘examination from far off;’ similarly, the man’s own learning and knowledge of practical details should be ascertained.

‘Vedapāragaḥ’ — he who has gone to the end of the Veda; i.e., one does not become respected by reading the Saṃhitā only, or the Brāhmaṇa only. Because we find this term used here, we conclude that the term ‘śrotriya’ is applied to one who may have learnt only a portion of the Veda.

‘Such a one is the channel for offerings to gods and Pitṛs;’ — ‘channel’ means like a channel. The ‘channel’ is that whereby people descend to the water; hence what is meant by the metaphor is the eulogium that ‘just as people seeking water get it only if they go to it by the right channel, similarly, the offerings reach the gods and ancestors only through the aforesaid Brāhmaṇa.’

In connection with gifts and charities also the Brāhmaṇa is the ‘guest.’ To the guest that arrives by himself, gifts are offered freely, and thus given, they bring about great results; and, in the same manner, to the said Brāhmaṇa the offerings to gods and ancestors should be given freely; and when thus given, they become conducive to great results. — (130)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 356), which explains ‘dūrāt parīkṣā’ as ‘investigation regarding his ancestors and character’; and ‘pradāne’ as ‘in the matter of other gifts also’ he should be honoured like a guest; — in Aparārka, (p. 437), which explains ‘dūrāt parīkṣā’ as ‘investigation regarding his father and several degrees of ancestors,’ — ‘tīrtham’ as ‘the way for the running of water,’ the implication being ‘just as water runs smoothly along its path, so do the offerings easily reach the Pitṛs, through the qualified Brāhmaṇas’; — the man is called ‘atithi’ in the sense that he is of immense help to the Householder; — and in Śrāddhakriyākaumudī (p. 34), which explains ‘dūrāt’ as ‘in regard to their remote ancestry,’ and ‘tīrtha’ as ‘fit recipient.’

 

Comparative notes by various authors:

Viṣṇu-Smṛti (72.2). — ‘At the offering to Pitṛs one should examine the Brāhmaṇas with care.’

Atri-saṃhitā (357). — ‘The Brāhmaṇa should be carefully examined, specially at the time of the Śrāddha.’

 

 

VERSE 3.131

Section VIII - Śrāddhas

 

सहस्रं हि सहस्राणामनृचां यत्र भुञ्जते ।
एकस्तान् मन्त्रवित् प्रीतः सर्वानर्हति धर्मतः ॥१३१॥

sahasraṃ hi sahasrāṇāmanṛcāṃ yatra bhuñjate |
ekastān mantravit prītaḥ sarvānarhati dharmataḥ ||131||

 

Where one thousand persons ignorant of the Veda eat, all those a single man learned in the Veda, on being satisfied, absorbs, in point of merit. — (131)

 

Medhātithi’s commentary (manubhāṣya):

‘Anṛcām (Anṛcām?)’, ‘ignorant of the Veda,’ — those who do not know the meaning of the Vedic verses.

This is only by way of illustration; since there is no possibility of persons ignorant of the Veda being fed; because of the restriction that the food shall be offered only to one learned in the Veda. The affix at the end of this compound has been dropped because of the term being Vedic, and also because of the exigencies of metre. They say — ‘one had better read maṣa in place of māṣa rather than distort the metre.’

Or, we may read ‘anṛcā’ in the Nominative Plural; the construction being ‘thousand persons ignorant, &c.;’ just as we have the phrase ‘thousand bulls.’

‘A single man learned in the Veda’ — knowing the meaning of the Veda — ‘on being satisfied’ — i.e., fed — ‘absorbs all those’ ignorant persons; i.e., becomes identified with them; and in face of this identity, the result that might accrue from the feeding of those thousands would be obtained by the feeding of a single learned man; this is the sense got at. from the text.

This deprecation of the ignorant person is meant to be a praise of the learned man; and it does not really mean that the feeding of a single man produces results equal to those produced by feeding a thousand. Further, inasmuch as the scriptures lay down the feeding of the learned only, there is no possibility of the ignorant ever being fed. It may be that people might think that, in the absence of the fully learned man (thoroughly versed in the Veda), the feeding of the man(learned in the Veda’ (who is comparatively ignorant) laid down in verse 128 above permits, under certain conditions, the feeding of ignorant persons also; and in view of this, for the purpose of preventing the prohibition of feeding a ‘large company’ from applying to the case of ignorant persons also, the present text may be taken in its direct sense (whereby the feeding of thousands of ignorant persons is permitted). — (131)

 

Explanatory notes by Ganganath Jha:

In place of ‘prītaḥ,’ Nārāyaṇa reads ‘yuktaḥ’ which he connects with ‘dharmataḥ’; — Nandana reads ‘vipraḥ.’

This verse is quoted in Madanapārijāta (p. 556) without comment; — and in Hemādri (Śrāddha, p. 377).

 

Comparative notes by various authors:

Bṛhad-Yama (3.40-42). — ‘The excellent Brāhmaṇa, free from jealousy, of pure character, learned in the Veda, knowing Brahman, youthful, endowed with learning and humility, — is the proper recipient; one who is learned in Vedanta, superior in Sāman, free from avarice, devoted to the Veda, should be employed in rites sacred to Pitṛs and Gods; whatever is offered to such a one is imperishable without doubt.’

 

 

VERSE 3.132

Section VIII - Śrāddhas

 

ज्ञानोत्कृष्टाय देयानि कव्यानि च हवींषि च ।
न हि हस्तावसृग्दिग्धौ रुधिरेणैव शुध्यतः ॥१३२॥

jñānotkṛṣṭāya deyāni kavyāni ca havīṃṣi ca |
na hi hastāvasṛgdigdhau rudhireṇaiva śudhyataḥ ||132||

 

Offerings for gods and Pitṛs should be given to one who is distinguished by knowledge; for hands smeared with blood are not cleansed by blood. — (132)

 

Medhātithi’s commentary (manubhāṣya):

One who is ‘distinguished’ — who excels — ‘by knowledge’ — in learning; to such a one ‘should be given’ ‘the offerings for gods and Pitṛs.’

The sense of the metaphor of the ‘hand smeared with bloo’ is as follows: — ‘Hands smeared with blood when washed with blood only become all the more reddened, and they are not cleansed; similarly, the ignorant Brāhmaṇa, when, fed, only carries the ancestors to still worse hells,’ — (132)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without comment in Madanapārijāta (p. 556).

 

Comparative notes by various authors:

Āśvalāyana (1.50). — ‘The good man who constantly offers food into the mouth of one learned in the Veda, becomes freed from heinous sins and attains union with Brahman.’

Āśvalāyana (14.15). — ‘At the Śrāddha one shall invite such Brāhmaṇas as are fully learned in the Rig Veda; in the absence of these, he may invite persons learned in other recensions of the Veda.’

Vaśiṣṭha (3.9-13). — ‘The offerings made to Gods and Pitṛs should be presented to the person learned in the Veda; what is presented to one who is not learned in the Veda reaches neither the Pitṛs nor the Gods; — that man who has an illiterate person in his bouse and the learned man at a distance, should present the offering to the learned man; this would not be a supersession of the illiterate man; there can be no wrongful supersession of the Brāhmaṇa who is devoid of the Veda; no one pours oblations into ashes and neglects the burning fire; those regions where illiterate persons enjoy what should he enjoyed by the learned are struck by famine and other dangers.’

Atri-saṃhitā (152). — ‘What is given to an unqualified recipient destroys the family up to the seventh generation; neither the Gods nor the Pitṛs accept such offerings.’

Bṛhaspati (59). — ‘If an illiterate person accepts the gift of the cow or gold or clothing or land or sesamum, he becomes burnt like fuel; if a man has an illiterate person at home and the learned man at a distance, the present should he made to the learned; the supersession of the illiterate is not wrong.’

 

 

VERSE 3.133

Section VIII - Śrāddhas

 

यावतो ग्रसते ग्रासान् हव्यकव्येष्वमन्त्रवित् ।
तावतो ग्रसते प्रेतो दीप्तशूलर्ष्ट्ययोगुडान् ॥१३३॥

yāvato grasate grāsān havyakavyeṣvamantravit |
tāvato grasate preto dīptaśūlarṣṭyayoguḍān ||133||

 

As many mouthfuls as the person ignorant of the Veda swallows out of the offerings to gods and Pitṛs, so many flaming spikes, spears and iron-balls does the man swallow after death. — (133)

 

Medhātithi’s commentary (manubhāṣya):

Even though it is the śrāddha that forms the subject-matter of the present context, yet the present verse describes the evil results occurring to the eater; it is to this effect that it has been declared that ‘for this reason should the ignorant person fear the acceptance of gifts from this and that person.’

‘Spikes and spears’ are the names of particular weapons. Such a person is made by the attendants of the Lord of Death to eat red-hot iron-balls.

According to Vyāsa’s view, the evil result accrues to the person offering the focal, and not to the eater, nor to the ancestors. Because it cannot be right to connect the dead ancestors with the evil arising from the disobeying, by another person, of the prohibition (of the feeding ignorant persons); as in that case, there would be the absurdity of a man suffering what he has not earned. If an ignorant person has been fed by the son, what fault is there of his dead ancestors?

“But by this same reasoning the benefit also of the śrāddha should not accrue to the ancestors.”

It would certainly not accrue to them, if the śrāddha-offering had not been distinctly enjoined as being for their benefit. In the present case (of feeding Brāhmaṇas), however, there is no such injunction as that ‘this should be done by one who desires to confer a benefit on one’s son,’ as there is in the case of the Śyena sacrifice. Then, as regards the words of the present text, they can fit in also with the person ottering the food; the construction in this case being — ‘that man, at whose performance of the śrāddha such a person eats, obtains such and such a result.’ What forms the subject-matter of the present context is the prohibition of the feeding of ignorant persons; and the disregarding of this prohibition would render the rite defective; and this defect in the Kite would lead to the evil result that the man would no longer be entitled to the performance of that rite [aud this would pertain to the giver, not eater, of the food]; and since the ancestors derive benefit from the śrāddha, for this reason also the transgressing of its injunction should involve guilt on the part of the son.

“What are the precise words of Vyāsa (on this subject)?”

[They are] — ‘As many mouthfuls as an ignorant person swallows out of a man’s offerings, so many spikes does he swallow on going to the abode of Death.’

In place of ‘preto’ some people read ‘pretya;’ where also the term ‘having died’ pertains to the eater; and the sense of the text is that ‘the ignorant mail shall not eat of the offerings made to gods and ancestors.’ — (133)

 

Explanatory notes by Ganganath Jha:

According to Nārāyaṇa the punishment here mentioned falls on the eater. — Medhātithi mentions both explanations.

For ‘guḍān’ Nandana reads ‘hulān’ and explains it as ‘double-edged sword.’

This verse is quoted in Aparārka (p. 449), which explains ‘śūlam’ and ‘ṛṣti’ as particular weapons, — and ‘ayoguḍa’ as ‘an iron-ball’; — and in Hemādri (Śrāddha, p. 401).

 

Comparative notes by various authors:

Yama (Aparārka, p. 449). — ‘He in whose family there has been a cessation of the Veda and the sacrificial altar for three generations is a had Brāhmaṇa.’

Vyāsa. — ‘As many morsels the man ignorant of the Veda swallows out of the offerings made by a man so many darts does he swallow in the abode of Death.’

Vaśiṣṭha (Aparārka, p. 449). — ‘Those countries where what should be eaten by the learned is eaten by the illiterate are beset by drought and great dangers beset them.’

Hārīta (Do.). — ‘Even those born of noble families and endowed with learning, — if they be of base conduct and addicted to wicked deeds, — they are even regarded as demons. Those addicted to the killing of birds, fish and deer, serpents and tortoise and other animals are all Bad Brāhmaṇas. Who serves a Śūdra, who is supported by the King, the village-sacrificer, those living by killing and capturing — these six are Low Brāhmaṇas.’

 

 

VERSE 3.134

Section VIII - Śrāddhas

 

ज्ञाननिष्ठा द्विजाः के चित् तपोनिष्ठास्तथाऽपरे ।
तपःस्वाध्यायनिष्ठाश्च कर्मनिष्ठास्तथाऽपरे ॥१३४॥

jñānaniṣṭhā dvijāḥ ke cit taponiṣṭhāstathā'pare |
tapaḥsvādhyāyaniṣṭhāśca karmaniṣṭhāstathā'pare ||134||

 

Some twice-born persons excel in learning; others excel in austerities; some others excel in austerities and Vedic study, and others again excel in rites. — (134)

 

Medhātithi’s commentary (manubhāṣya):

The text proceeds to divide the qualities of men, for the purpose of indicating the superiority of learning; and this also tor the purpose of pointing out the propriety of making gifts to the learned.

Persons possessing excellence in ‘learning’ — knowledge — are said to ‘excel in learning,’ — i.e., devoted to learning.

The sense desired to be conveyed justifies the Bahuvrīhi compound even between non-appositional terms. Persons, who have studied the Veda and its meaning and are always intent upon it, are said to ‘excel in learning.’

This same explanation applies to all the terms ending with the term ‘niṣṭhā.’

The compound ‘tapassvādhyāyaniṣṭhāḥ’ is Bahuvrīhi, containing within itself a copulative compound. ‘Austerities’ — such as the Cāndrāyaṇa, and the rest; — ‘vedic study,’ is learning of the Veda.

‘Rites’ — Agnihotra, and the rest.

It has to be borne in mind that all these qualities are meant to coexist together; the presence of any one of them only, in the absence of the others, does not make a man a fit recipient of the gift; all that the text describes is the fact of some men excelling in one and some in another. That such is the meaning is indicated by the fact that the term ‘niṣṭhā,’ which denotes finishing, is indirectly indicative of excelling; and when a person excels in, is intent upon, some one quality, he is said to ‘excel’ in that. When a man is possessed of all the good qualities, but one of those is possessed in a superior degree, and the others in lesser degree, then also the man is a fit recipient; but if he does not possess anyone quality in a superior degree, even though he may possess all the qualities, he is not a fit recipient.

That a combination of all the qualities is necessary, is shown by what has been said in the second discourse to the effect that ‘one who is devoid of learning cannot rightly perform any rites.’

Others have explained the term ‘jñānaniṣṭha’ to mean the Renunciate, on the ground that ‘devotion to self-knowledge’ has been specially prescribed for him after he has renounced the performance of all rites; (under this explanation) the term ‘taponiṣṭha’ would stand for the Recluse; he being called ‘tāpasa’ ( devoted to austerities); as in such assertions as ‘during the summer the Recluse should perform the five austerities’ (6. 23); — and the term ‘tapaḥsvādhyāyaniṣṭha’ would stand for the Student; — and ‘karmaniṣṭha’ for the Householder. According to this explanation, the persons whose feeding is prohibited are those that are outside the pale of the four ‘stages;’ say the Paurāṇikas — ‘the Śrāddha should not be offered to persons outside the pale of the four stages.’ — (134)

 

Comparative notes by various authors:

Vaśiṣṭha (6.24-25). — ‘Some recipients excel in the Veda, some in austerities; the best of recipients is one who never has had in his stomach any food given by a Śūdra. That man is called a Recipient who is given to Vedic studies, born of a noble family, quiet, devoted to sacrificial performances, afraid of sin, fully learned, respectful towards women, virtuous, protector of the cow, and tolerant through austerities.’

Viṣṇu-Smṛti (73.9-13). — ‘Purified by sacred places; purified by sacrifices; purified by austerities; purified by truth; purified by mantras.’

Yājñavalkya (1.121). — ‘Celibates, maintaining the five fires, firm in the performance of their duties, devoted to austerities, and devoted to parents, — such Brāhmaṇas are con ducive to the success of the Śrāddha.’

Mahābharata (13.90.50). — [Mentions ‘Svādhyāyaniṣṭhāḥ-jñānaniṣṭhāḥ-taponiṣṭhāḥ-karmaniṣṭhāḥ.’]

 

 

VERSE 3.135

Section VIII - Śrāddhas

 

ज्ञाननिष्ठेषु कव्यानि प्रतिष्ठाप्यानि यत्नतः ।
हव्यानि तु यथान्यायं सर्वेष्वेव चतुर्ष्वपि ॥१३५॥

jñānaniṣṭheṣu kavyāni pratiṣṭhāpyāni yatnataḥ |
havyāni tu yathānyāyaṃ sarveṣveva caturṣvapi ||135||

 

The offerings to the pitṛs should be carefully presented to those excelling in learning; and the offerings to gods to all the four, according to law. — (135)

 

Medhātithi’s commentary (manubhāṣya):

The author now proceeds to show the purpose why he has provided a classification of the qualities.

Offerings made to the Pitṛs are called ‘Kavya;’ these should be ‘presented’ — given — ‘to those excelling in learning.’

‘Carefully’ — implies that if one does not take special care, these also, like the offering to gods, should be given to all the four.

For the offerings to Pitṛs the best recipients are those excelling in learning, — it having been declared that ‘he is the recipient among recipients.’

What the verse means is that food in general should be given to all the four, without any distinction.

‘Law’ — Rule laid down in the scriptures. — (135)

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.7.4, 22). — ‘One shall feed such Brāhmaṇas as are well versed in the Veda; also one who is studying the Veda, the son of an expounder of the Veda, and one learned in the Veda; when these eat at a Śrāddha, they purify the line of feeders.’

Gautama (15.9, 10). — ‘Vedic scholars, endowed with beauty, age and character; the first offer should be made to the younger men.’

Yājñavalkya (1. 219). — ‘One who is foremost in all the Vedas, one learned in the Veda, the young man knowing Brahman, one who knows the meaning of the Veda, the Jyeṣṭhasāman, the Trimadhu and the Trisuparṇaka.’

Viṣṇu-Smṛti (83, 19, 21). — ‘Specially the Yogins. May such a one bo born in our family as may feed at the Śrāddha the Brāhmaṇa who is a Yogin! By that would we be fully satisfied.’

Mahābhārata (13. 90. 51). — [Reproduces the first half of Manu.]

 

 

VERSE 3.136

Section VIII - Śrāddhas

 

अश्रोत्रियः पिता यस्य पुत्रः स्याद् वेदपारगः ।
अश्रोत्रियो वा पुत्रः स्यात् पिता स्याद् वेदपारगः ॥१३६॥

aśrotriyaḥ pitā yasya putraḥ syād vedapāragaḥ |
aśrotriyo vā putraḥ syāt pitā syād vedapāragaḥ ||136||

 

If a father happen to be ignorant of the Veda, whose son is thoroughly versed in the Veda, — and if the son happen to be ignorant of the Veda and the father is t horoughly versed in the Veda; — (136)

 

Medhātithi’s commentary (manubhāṣya):

This verse is intended to propound a doubt (as to which of the two is superior). — (136)

 

 

VERSE 3.137

Section VIII - Śrāddhas

 

ज्यायांसमनयोर्विद्याद् यस्य स्यात्श्रोत्रियः पिता ।
मन्त्रसम्पूजनार्थं तु सत्कारमितरोऽर्हति ॥१३७॥

jyāyāṃsamanayorvidyād yasya syātśrotriyaḥ pitā |
mantrasampūjanārthaṃ tu satkāramitaro'rhati ||137||

 

‘Of these two one should regard him as superior whose father is learned in the Veda; while the other deserves honour for the sake of the veneration due to the Veda. — (137)

 

Medhātithi’s commentary (manubhāṣya):

Having raised the question as to which is superior of the two — one whose father is illiterate, but he himself is ‘thoroughly versed in the Veda,’ i.e., who has read the Veda along with the subsidiary sciences, — and the other whose father is thoroughly versed in the Veda, but he himself is illiterate, — the author now sets forth the established conclusion.

‘Of these two’ — between one who is himself learned in the Veda, but his father is illiterate, and one who is himself illiterate, but his father is learned in the Veda — one should know him to be ‘superior’ — more praiseworthy — who is himself illiterate, but his father is learned in the Veda.

‘The other...... for the sake of the veneration due to the Veda’ — He is to be honoured, not because he is a Brāhmaṇa, but because he has learnt the Vedic Mantras, which have to be honoured; and since the honouring of the Veda has not been prescribed in connection with Śrāddhas, such a person does not deserve to be fed at these.

What the author does by means of these two verses, propounding us they do a question and its answer, is to indicate, through a laudatory description, that what entitles a man to eat at Śrāddhas is the fact of his father being learned in the Veda, and that of himself being learned in the Veda (the two combined). The mere fact of he himself being learned in the Veda, does not entitle him to the eating, nor the fact of his father being learned in the Veda, while he himself is illiterate.

It is with reference to this that it has been said above (in 130) that ‘one should examine the Brāhmaṇa from far off etc.;’ and the examination of ‘learning’ there mentioned refers to enquiries concerning the learning of both father and son; while those relating to caste and qualif ications, these have to be extended to higher ancestors also. And since it is this distinction that is sought to be brought out in this verse, it cannot be regarded as a needless repetition. — (137)

 

 

VERSE 3.138

Section VIII - Śrāddhas

 

न श्राद्धे भोजयेन् मित्रं धनैः कार्योऽस्य सङ्ग्रहः ।
नारिं न मित्रं यं विद्यात् तं श्राद्धे भोजयेद् द्विजम् ॥१३८॥

na śrāddhe bhojayen mitraṃ dhanaiḥ kāryo'sya saṅgrahaḥ |
nāriṃ na mitraṃ yaṃ vidyāt taṃ śrāddhe bhojayed dvijam ||138||

 

At a Śrāddha one should not feed a friend; his acquisition shall be made by means of riches. At a Śrāddha one should feed him whom he regards neither as friend nor as foe. — (138)

 

Medhātithi’s commentary (manubhāṣya):

Even when endowed with the aforesaid qualifications of ‘Vedic learning’ and the rest, the man shall not be fed on account of his being a friend; this is the prohibition contained in this verse.

‘A friend’ — one whose happiness and unhappiness are the same as one’s own, and who is in no way different from himself, — ‘one should not feed at a Śrāddha.’

‘By means of riches’ — by means of other kinds of gifts — ‘the acquisition’ of the friend should be made; his friendship obtained; or the benefit of ‘friendship’ may consist in non-separation.

It is not only the friend that one shall not feed; the enemy also should not be fed. ‘Him whom he regards neither as friend nor as foe,’ — towards whom one eutertains feelings of neither affection, nor aversion: in regard to whom there could be no suspicion of any relationship due to affection or any other motive; the mention of the ‘friend or foe’ being only illustrative. It is on account of the suspicion of such relationship that the maternal grandfather and others have been mentioned (in 147, 148 below) as secondary alternatives.

“There is possibility of the enemy being fed only where one wishes make a friend of him; hence he also being included under ‘friend’ (should not have been mentioned separately).”

The separate mention is expected to make the matter dearer. — (138)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 559); — in Aparārka (p. 448); — in Hemādri (Śrāddha, p. 401); — and in Śrāddhakriyākaumudī (p. 41), which explains ‘dhanaiḥ’ as ‘by presents of other kinds,’ and ‘saṅgraha’ as ‘affection.’

 

Comparative notes by various authors:

Gautama (15). — ‘He should not behave towards him as towards a friend.’

Āpastamba-Dharmasūtra (17.4). — ‘He shall feed such Brāhmaṇas... as are not related to him either through otra or through marriage or through Vedic learning or through discipleship.’

Baudhāyana (2.8.6). — ‘Such as are not related to him through the Veda.’

Vaśiṣṭha. (11.14). — ‘During the darker fortnight, after the fourth day, he shall make offerings to the Pitṛs; having, on the previous day, got together such Brāhmaṇas as are renunciates or hermits or are old, not engaged in any improper profession, learned in the Veda, — but who are not his own pupils or disciples. But he shall feed even his disciples, if they are endowed with exceptional qualities.’

Mahābhārata (Anuśāsana, 137.44). — ‘One who has offered the Śrāddha shall not receive a friend; for the purpose of making friends he shall make presents of riches; in connection with the offerings to gods and Pitṛs, he shall feed one who is neutral, whom he regards neither as a friend nor as a foe.’

Kaśyapa (Aparārka, p. 448). — ‘Enemies...... should not be invited at Śrāddha.’

 

 

VERSE 3.139

Section VIII - Śrāddhas

 

यस्य मित्रप्रधानानि श्राद्धानि च हवींषि च ।
तस्य प्रेत्य फलं नास्ति श्राद्धेषु च हविःषु च ॥१३९॥

yasya mitrapradhānāni śrāddhāni ca havīṃṣi ca |
tasya pretya phalaṃ nāsti śrāddheṣu ca haviḥṣu ca ||139||

 

He at whose Śrāddhas and sacrifices, the friend forms the principal factor, — for him, after death, there is no reward, either for Śrāddhas or for sacrifices. — (139)

 

Medhātithi’s commentary (manubhāṣya):

This verse supplies the commendatory supplement to the foregoing prohibition.

The term ‘friend’ is used here in the abstract sense; hence the meaning is ‘in which friendship enters as the prime consideration.’ And this includes both friend and foe.

The term ‘sacrifice’ stands for (1) gifts given with reference to gods and (2) the feeding of Brāhmaṇas with a view to some transcendental result.

‘Pretya phalam nāsti’ (‘after death there is no reward’) —

“No construction is possible of this clause; since the nominative of the root ‘pra + iṇ’ (of the act of dying denoted by the word ‘pretya’) is the person performing the śrāddha, whereas of the verb ‘na + asti’ (‘is not’) the nominative is ‘phala,’ ‘reward’ [and as a rule, the nominative of the participle ‘pretya’ and the finite verb ‘nāsti’ should be one and the same].”

In answer to this, some people explain that the term ‘pretya’ is an independent word, an indeclinable noun, denoting the other world [and is not a participle at all]. Another explanation is that of the root pra + in also ‘reward’ is the nominative; the meaning of the participle in this case being ‘even though arriving near,’ ‘it does not come about,’ — i.e., it fails to be enjoyed. — (139)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Śrāddkakriyākaumudī (p. 41).

 

Comparative notes by various authors:

(verses 3.139-140)

Āpastamba-Dharmasūtra (2.8). — ‘Offerings given to friends and relations reach neither the gods nor the Pitṛs.’ Mahābhārata (Anuśāsana, 90.42-43). — ‘If at one’s offerings to gods and Pitṛs, his friends happen to form the predominant factor, then neither the gods nor the Pitṛs are satisfied; and he goes not to heaven. If one makes friends at the Śrāddha, he goes not by the path of the gods; collecting his friends at Śrāddha, ho falls off from heaven.’

 

 

VERSE 3.140

Section VIII - Śrāddhas

 

यः सङ्गतानि कुरुते मोहात्श्राद्धेन मानवः ।
स स्वर्गाच्च्यवते लोकात्श्राद्धमित्रो द्विजाधमः ॥१४०॥

yaḥ saṅgatāni kurute mohātśrāddhena mānavaḥ |
sa svargāccyavate lokātśrāddhamitro dvijādhamaḥ ||140||

 

The man who, through folly, makes friendships by means of Śrāddhas, — that meanest of twice-born men, having the Śrāddha for his friend, falls from the regions of heaven. — (140)

 

Medhātithi’s commentary (manubhāṣya):

‘Friendships’ — friendly relations — he ‘who make’ ‘by means of Śrāddhas’ ‘through folly — i.e., being ignorant of what is contained in the scriptures, — falls from heaven,’ — i.e., never reaches heaven; the root ‘fall’ being used in the sense of want of connection in general; the sense being ‘just as a man on reaching heaven and falling from there loses all connection with it, so this man also.’ What is meant is that the man does not obtain the reward for performing the śrāddha. in this sense alone can the passage have any connection with all that has gone in the present context.

‘Having the. śrāddha for his friend;’ — the śrāddha is spoken of as his friend, on account of its being the means of his acquiring a friend, it is in this sense that we have the Bahuvrīhi compound in ‘śrāddhamitra.’

‘The meanest of twice-born men;’ — the ‘twice-born men’ have been mentioned only by way of illustration; in reality, the Śūdra also should not feed friends at śrādḍhas.

“The mere fact of the Śūdra being a non-Brāhmaṇa makes it impossible for him to feed a friend at śrāddhas (where only Brāhmaṇas are fed).”

But who has laid down the rule that Brāhmaṇas cannot be the friends of Śūdras?

“As a matter of fact, it is only persons of the same caste that are regarded as friends; so that there could be no friendship between persons, one of whom belongs to the higher and the other to the lower caste.”

This also is not true; since Śvetaketu, the son of Aruṇi, is declared to have said — ‘In the Pañcāla country, there is a Kṣatriya friend of mine.’

Then again, it has already been explained that the term ‘friend’ in the present context has been used as connoting relationship in general. And Brāhmaṇas also come to have pecuniary relations with Śūdras; and to the Pāraśavaśūdra (the Śūdra born of a Brāhmaṇa father and a Śūdra mother), Brāhmaṇas hear even blood-relationships. — (140)

 

Comparative notes by various authors:

(verses 3.139-140)

See Comparative notes for Verse 3.139.

 

 

VERSE 3.141

Section VIII - Śrāddhas

 

सम्भोजानि साऽभिहिता पैशाची दक्षिणा द्विजैः ।
इहैवास्ते तु सा लोके गौरन्धेवैकवेश्मनि ॥१४१॥

sambhojāni sā'bhihitā paiśācī dakṣiṇā dvijaiḥ |
ihaivāste tu sā loke gaurandhevaikaveśmani ||141||

 

This convivial dinner has been called by twice-born people the “gift of devils.” It remains in this world alone, like the blind cow tied in a single room. — (141)

 

Medhātithi’s commentary (manubhāṣya):

The particle ‘sam’ (in ‘Sambhojanī) connotes convivility; and the term ‘sambhojanī’ means that at which men dine together; such convivial dinner is possible only among friends. Or, the word ‘sambhojamī’ may be taken as standing for a social dinner of several people.

The making of friendships by Śrāddhas is a custom with ‘devils,’ — the term ‘devil’ here standing for highway robbers.

This gift ‘remains in this world alone’ — i.e., it is not capable of bringing rewards in the other world; just as the blind cow, which remains tied in a single room, so this gift also remains in this world only, — i.e., the only result it brings about is the goodwill of friends, — and it does not bring any benefit to the ancestors.

The term ‘dakṣiṇā’ here stands for gift. — (141)

 

Explanatory notes by Ganganath Jha:

‘Paiśācī’ — ‘Gift of devils; — i.e., offered in the manner of devils’ (Medhātithi, Govindarāja, Kullūka, and Rāghavānanda); — ‘offered to devils’ (Nārāyaṇa and Nandana).

Hopkins traces the origin of verses 138 to 141 to certain verses of the Mahābhārata: Verse 140 corresponds to 13.90.42 of the Mahābhārata; verse 138 to 13.90.43; verse 142 to 13.90.44; verse 141 to 13.90.46 of the Mahābhārata.

 

Comparative notes by various authors:

Mahābhārata (Anuśāsana, 90.46). — ‘A convivial dinner is the Devil’s Gift; it reaches neither the gods nor Pitṛs; devoid of virtue, it wanders about in this world.’

Āpastamba-Dharmasūtra (2.17.7). — [Reproduces the above with one slight verbal variation.]

 

 

VERSE 3.142

Section VIII - Śrāddhas

 

यथैरिणे बीजमुप्त्वा न वप्ता लभते फलम् ।
तथाऽनृचे हविर्दत्त्वा न दाता लभते फलम् ॥१४२॥

yathairiṇe bījamuptvā na vaptā labhate phalam |
tathā'nṛce havirdattvā na dātā labhate phalam ||142||

 

Just as having sown the seed in barren soil, the sower reaps no harvest, — even so, having given the offerings to one ignorant of the Veda, the giver obtains no reward. — (142)

 

Medhātithi’s commentary (manubhāṣya):

‘Barren soil’ — Unproductive ground. that plot of land is called ‘barren’ on which if seed is sown, it does not sprout; there the ‘sower reaps no harvest.’

‘Even so,’ ‘to the person ignorant of die Veda’ — ‘having given the offerings made to gods and ancestors, — ‘the giver obtains no reward.’

The term ‘anṛce’ is with the Locative ending; and the term ‘ṛk’ stands for the Veda in general. — (142)

 

Comparative notes by various authors:

Mahābhārata (Anuśāsana, 90.45). — ‘As seed sown in barren soil does not germinate and the sower does not reap even a part of the seed, so also the Śrāddha partaken of by undeserving persons confers no benefits either here or elsewhere.’

 

 

VERSE 3.143

Section VIII - Śrāddhas

 

दातॄन् प्रतिग्रहीतॄंश्च कुरुते फलभागिनः ।
विदुषे दक्षिणां दत्त्वा विधिवत् प्रेत्य चैह च ॥१४३॥

dātṝn pratigrahītṝṃśca kurute phalabhāginaḥ |
viduṣe dakṣiṇāṃ dattvā vidhivat pretya caiha ca ||143||

 

The presenting of the gift, according to rule, to the learned makes the givers and receivers partakers of reward, here as well as after death. — (143)

 

Medhātithi’s commentary (manubhāṣya):

That the gift that is presented to the learned person makes the givers partakers of reward is only right: but what is the reward obtained by the receivers? If it be held that they obtain some transcendental result, — that, cannot be right: because the act of receiving gifts has not been so enjoined, and also because the receiver is prompted to accept the gift only with a view to the perceptible reward. If, on the other hand, the reward to the receiver be held to be something perceptible, — then such a reward is found to be obtained by the ignorant person also.”

True; but what is stated here is mere praise; the sense lasing that — ‘the presenting of offerings to the learned man is so effective that the receiver also comes to partake of the imperceptible reward, in addition to the perceptible one, — what to say of the giver.’

‘Alter death’ — in heaven.

‘Here’ — the reward is in the form of fame; the man being praised by men as doing things in exact accordance with the scriptures,

‘According to rule;’ — this is a mere reiterative reference to the injunction that ‘gifts should be made to persons posessing such and such qualifications.’ — (143)

 

Comparative notes by various authors:

Yājñavalkya (1.270). — ‘Men’s grandfathers, when pleased, bestow upon them, long life, offspring, wealth, learning, heaven, final deliverance and pleasures.’

 

 

VERSE 3.144

Section VIII - Śrāddhas

 

कामं श्राद्धेऽर्चयेन् मित्रं नाभिरूपमपि त्वरिम् ।
द्विषता हि हविर्भुक्तं भवति प्रेत्य निष्फलम् ॥१४४॥

kāmaṃ śrāddhe'rcayen mitraṃ nābhirūpamapi tvarim |
dviṣatā hi havirbhuktaṃ bhavati pretya niṣphalam ||144||

 

One may entertain a friend at Śrāddhas, but never a foe, even though qualified. The offering eaten by the enemy becomes futile after death. — (144)

 

Medhātithi’s commentary (manubhāṣya):

[Medhātithi takes no note of this verse].

 

Explanatory notes by Ganganath Jha:

Medhātithi omits this verse. It is quoted in Aparārka (p. 448) as permitting the feeding of the friend and others when no other Brāhmaṇa is available; — and in Śrāddhakriyākaumudī (p. 41), which explains ‘abhirūpam’ as ‘learned and ‘pretya’ as ‘in the other world.’

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.17.5-6). — ‘When other men with proper qualifications are not available, one may feed even his own uterine brother; or even his own pupils.’

Baudhāyana (2.8.4). — ‘One may feed even a Sapiṇḍa if he is equipped with the Ṛk, the Yajuṣ and the Sāman.’

 

 

VERSE 3.145

Section VIII - Śrāddhas

 

यत्नेन भोजयेत्श्राद्धे बह्वृचं वेदपारगम् ।
शाखान्तगमथाध्वर्युं छन्दोगं तु समाप्तिकम् ॥१४५॥

yatnena bhojayetśrāddhe bahvṛcaṃ vedapāragam |
śākhāntagamathādhvaryuṃ chandogaṃ tu samāptikam ||145||

 

With great care one should feed at a Śrāddha the adherent of the Ṛgveda who is thoroughly versed in his Veda, or the adherent of the Yajurveda who has finished the entire recensional text, or the adherent of the Sāmaveda who has reached the end of it. — (145).

 

Medhātithi’s commentary (manubhāṣya):

The three terms — ‘thoroughly versed in the Veda,’ ‘who has finished the entire recesional text’ and ‘who has reached the end of it’ — are synonymous; everyone of them denotes persons who have learnt the whole recensional text, including the Mantra as well as the Brāhmaṇa; not those who have learnt either the Mantra-text alone or the Brāhmaṇa- text alone, or only a portion of these. The name ‘śrotriya,’ ‘learned in the Veda,’ is Applied, to even those who have learnt only a part of the Veda; hence the three terms in the present verse have been used for the purpose of excluding the mere ‘śrotriya.’ In regard to this latter, it has been said (in 128) that ‘the offering should be given to the śrotriya;’ the term ‘śrotriya’ means ‘one learned in the Veda;’ and the term ‘veda’ denotes the entire recensional text, including the Mantra and the Brāhmaṇa, as also a part of these. Consequently, for the purpose of referring to one who has learnt the entire ṛecensional text, the Text 1ms used the terms in question.

“It has been laid down above (134-135) that one shall feed only such persons as belong to one or the other stage; and until one has learnt the entire Vedic text, it is not possible for one to cuter upon the state of the Householder; as it has been asserted that ‘the entire Veda should be learnt’ (2.165).”

But even so, it would he open to one to feed the Student who has begun to learn the Veda, — even before he has finished it. Hence all the three synonymous terms — ‘thoroughly versed in the Veda,’ ‘who has finished the entire recensional text,’ and ‘who has reached the end of it’ — indicate that the whole Veda should have been learnt.

Though only one of these words would have sufficed for the purpose, yet the Author has made use of several forms of the same expression in view of metrical exigencies.

‘Vedapāragah,’ ‘Thoroughly versed in the Veda,’ — who has gone through the entire Veda.

‘Śākhāntagaḥ’ ‘who has finished the entire recensional text’ — the end of the recensional text.

‘Samāptikaḥ,’ — ‘who has reached the end of it.’

‘Adhvaryu,’ ‘adherent of the Yajurveda’ — one who has studied the Yajurveda; this term is not used here as the name of one of the principal sacrificial priests. ‘Ādhvargava’ is the name given to the act of reciting; hence the person connected with this act is called ‘Adhvaryu.’

‘Chāndoga,’ ‘adherent of the Sāmaveda,’ — one who studies the Sāmaveda.

In another Smṛti, it is the person who has learnt the ‘three thousands’ that has been called ‘samāptika;’ and the term ‘thousand’ here denotes the Sāmaveda, by reason of its being related to a thousand musical forms.; and one. whose learning consists of three of these ‘thousand’ is ‘one who has learnt the three thousands;’ the three forms being (I) the

‘Tāṇḍava’ (Texts relating to Dancing), (2) the ‘Aukthikya’ (Texts relating to the Ukthas) and (2) the ‘Sāmagāna’ (the singing of Sāmu verses); these are the three ‘sciences’ of the Sāmaveda, of which there are a thousand recensions.

The ‘Ṛgveda’ stands for the Saṃhitā text of ten Maṇḍalas divided into sixty-four adhyāyas and the Brāhmaṇa.

Others have explained this verse as excluding the adherents of the Atharva Veda from being fed. (They argue that) if the author had intended to include all the Vedas, he would have simply said — ‘one should feed that Brāhmaṇa who has learnt the entire recensional text of the Veda.’

“The same argument might be urged against the verse being taken as excluding the adherent of the Atharva Veda: if this exclusion had been intended, the Author could have simply said — ‘the adherent of the Atharva Veda shall not be fed.’ Such a statement would be very much simpler and a more direct way of laying down the exclusion.”

There is no force in this; as Munu’s way of teaching Dharma is diverse: sometimes he leaves the negation to be implied by means of an affirmation, and at others he puts the negation directly in its own words. — (145).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nirṇayasindhu (p. 284); — and in Hemādri (Śrāddha, p. 382).

 

Comparative notes by various authors:

Laghu-Śātātapa (99-100). — [After reproducing Manu 145, it adds the following.] — ‘At the Śrāddha one shall feed the Sāmavedin; at the Vaiśvadeva offering, the Ṛgvedin; at the Pacificatory rite, the Yajurvedin; and at the Harder rites, the Atharvavedin.’

Laghvāśvalāyana (24.15). — ‘At the Śrāddha, one should invite such Ṛgvedin Brāhmaṇas as are learned in the Veda; in the absence of them, those learned in the other Vedas.’

 

 

VERSE 3.146

Section VIII - Śrāddhas

 

एषामन्यतमो यस्य भुञ्जीत श्राद्धमर्चितः ।
पितॄणां तस्य तृप्तिः स्यात्शाश्वती साप्तपौरुषी ॥१४६॥

eṣāmanyatamo yasya bhuñjīta śrāddhamarcitaḥ |
pitṝṇāṃ tasya tṛptiḥ syātśāśvatī sāptapauruṣī ||146||

 

If any one of these should dine, duly honoured, at the Śrāddha performed by a certain person, there would be ever-lasting satisfaction for his ancestors, lasting till the seventh degree (of descendants). — (146)

 

Medhātithi’s commentary (manubhāṣya):

Some people might argue as follows: — “It has been asserted that ‘at the rite performed in honour of ancestors one should feed three Brāhmaṇas;’ and in the preceding verse the learners of several recensional texts have been mentioned; so that there is no possibility of one’s own companions in study being fed.”

And it is with a view to set aside this notion that the author puts forward the present verse.

Of these three — the adherents of the three Vedas — anyone may be fed.

That is to say, one may feed either persons professing the same recensional text as oneself or those professing other several texts.

‘Duly honoured’ — worshipped, approached, with offerings of water, etc.

‘Satisfaction to the seventh degree’ — i.e., the satisfaction continues till the seventh degree of descendants. The prolonging of both vowels in the term ‘sāptapauruṣī’ is in accordance with Pāṇini 7.3.20. This epithet has been added for the purpose of indicating great length of time; the meaning being that ‘the satisfaction of the ancestors lasts for a long time.’ The meaning is that ‘by the feeding of the said Brāhmaṇa, the satisfaction secured to the ancestors is such as lasts till such time as his sons and grandsons to the seventh degree are born.’

‘Everlasting,’ — i.e., it does not cease, and then appears again; it remains there always. — (146)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nirṇayasindhu (p. 284); — in Hemādri (Śrāddha, p. 882); — and in Nṛsiṃhaprasāda (Śrāddha, p. 8a).

 

Comparative notes by various authors:

Bṛhaspati (Parāśaramādhava, p. 337). — ‘If one feeds a single Sāmavedin at the Śrāddha, all the three Vedas, Ṛk, Sāman and Yajuṣ, are present in him. If, for the sake of his fathers, one secures one who has pondered over the texts of the Sāman, then he secures the entire earth along with hills and forests. The Ṛk satisfies the father, the Yajuṣ, the grandfather, and the Sāman, the great-grandfather; — and the Chandoga is superior even to that.’

Śātātapa (Parāśaramādhava, p. 337). — ‘If one feeds an Atharvavedin at the offerings to Gods and Pitṛs, he attains endless and imperishable results; — says the Śruti.’

 

 

VERSE 3.147

Section VIII - Śrāddhas

 

एष वै प्रथमः कल्पः प्रदाने हव्यकव्ययोः ।
अनुकल्पस्त्वयं ज्ञेयः सदा सद्भिरनुष्ठितः ॥१४७॥

eṣa vai prathamaḥ kalpaḥ pradāne havyakavyayoḥ |
anukalpastvayaṃ jñeyaḥ sadā sadbhiranuṣṭhitaḥ ||147||

 

This is the first course to be adopted in the presenting of the offerings made to Gods and Pitṛs. This (following) is to be regarded as the secondary course always adopted by the good.’ — (147)

 

Medhātithi’s commentary (manubhāṣya):

Beginning with verse 122, twenty-five verses have gone before; and the upshot of them all is as follows: (a) Śrāddhas should be performed on the moon-less day; — (b) the person fed should be learned in the Veda, highly educated, of right behaviour, belonging to a known family, the sou of a person learned in the Veda and not bearing any relationship to the person offering the Śrāddha. The rest of it all is only commendatory.

‘This’ — what has been just described, — is ‘the the first’ — the primary — ‘course’ — procedure at Śrāddhas; viz., that, the food shall be presented to one who is not related to the performer.

‘This’ — what is going to be described — ‘should be regarded as ‘the secondary course’ — which is to be adopted only in the event of the primary course being not possible This course is called ‘anukalpa,’ ‘secondary course,’ by the ‘law of substitutes’ (propounded in Mīmāṃsā-sūtra 3.6.37 et. seq.).

‘Always adopted’ — this is purely commendatory. — (147)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.220, p. 146) in support of the view that the sister’s son and other similar relatives (mentioned in the next verse, and in Yājñavalkya, 1.220) are to be fed at the Śrāddha only if the above described ‘Brāhmaṇa learned in the Veda’ is not available; — in Madanapārijāta (p. 558), along with the next verse; — in Hemādri (Śrāddha; p. 447); — in Godādharapaddhati (Kāla, p. 514), which remarks that this secondary method is put forward in view of the fact that very few Brāhmaṇas are really fit for being fed at Śrāddha; — and in Saṃskāraratnamālā (p. 991).

Medhātithi (P. 250, l. 15) — ‘Pratinidhinyāyenā.’ — See Mīmāṃsā sūtra 3.6.37. The Yava having been laid down as a substitute at sacrifices for the Vrīhi, the question is raised as to the necessity or otherwise of performing all those acts in connection with the substitute which have been laid down in connection with the original; and the conclusion is that the substitute has to be treated exactly in the same manner as the original.

 

 

VERSE 3.148

Section VIII - Śrāddhas

 

मातामहं मातुलं च स्वस्रीयं श्वशुरं गुरुम् ।
दौहित्रं विट्पतिं बन्धुं ऋत्विग् याज्यौ च भोजयेत् ॥१४८॥

mātāmahaṃ mātulaṃ ca svasrīyaṃ śvaśuraṃ gurum |
dauhitraṃ viṭpatiṃ bandhuṃ ṛtvig yājyau ca bhojayet ||148||

 

One may feed the maternal grandfather, the maternal uncle, the sister’s son, father-in-law, the teacher, the daughter’s son, the son-in-law, a relative, the priest and him at whose sacrifices the performer officiates. — (148)

 

Medhātithi’s commentary (manubhāṣya):

‘Svasrīyaḥ’ — the sister’s son.

‘Viṭpatiḥ’ — the son-in-law; the term ‘viṭ’ meaning child, According to others , ‘viṭpati’ is the guest, he being the ‘lord of all men;’ in ordinary parlance also, one who comes to one’s house is called ‘viṭ.’

‘Bandhuḥ’ — the wife’s brother, the cognate kinsman, and so forth. — (148)

 

Explanatory notes by Ganganath Jha:

‘Bandhuḥ’ — ‘The brother-in-law, one belonging to the same gotra, or some such remote relation’ (Medhātithi and Govindarāja); — ‘cognate kinsman’ (Kullūkā and Rāghavānanda).

This verse is quoted in Madanapārijāta (p. 558), which explains ‘vitpati’ as ‘the son-in-law and ‘bandhu’ as ‘blood relations, as well as those related by friendship’; — in Hemādri (Śrāddha, p. 447); — in Godādharapoddhati (Kāla, p. 574); — and in Saṃskāraratnamālā (p. 991).

 

Comparative notes by various authors:

Gautama (15.19.20). — ‘According to some people, one may feed even his own pupils and also sagotras beyond the third grade.’

Āpastamba-Dharmasūtra (2.17.6). — ‘This includes the pupils also.’

Yājñavalkya (1.220). — ‘Sister’s son, priest, son-in-law, sacrificer, father-in-law, maternal uncle, the Triṇāciketas, daughter’s son, disciple, marriage-relations, paternal and maternal relations (may be fed).’

Viṣṇu (83.17.19). — ‘The son-in-law, and the daughter’s son are fit recipients; specially the Yogins.’

Prajāpati (73). — ‘Preceptor, son-in-law, daughter’s son, sister’s son, — these deserve to be offered the seat at the Śrāddha to the Pitṛs; the qualified maternal uncles also deserve to be honoured.’

 

 

VERSE 3.149

Section VIII - Śrāddhas

 

न ब्राह्मणं परीक्षेत दैवे कर्मणि धर्मवित् ।
पित्र्ये कर्मणि तु प्राप्ते परीक्षेत प्रयत्नतः ॥१४९॥

na brāhmaṇaṃ parīkṣeta daive karmaṇi dharmavit |
pitrye karmaṇi tu prāpte parīkṣeta prayatnataḥ ||149||

 

At the rite in honour of the gods, the man knowing the law shall not examine the Brāhmaṇa. But when the rite in honour of the Pitṛs comes to be performed, he shall examine him carefullv. — (149)

 

Medhātithi’s commentary (manubhāṣya):

This verse is not meant to be prohibitive o? the examination of Brāhmaṇas (to be invited) at the rite performed in honour of the gods; what is meant by it is the permitting, at certain times, of the feeding, at rites in honour of gods, of such persons as are one-eyed, suffering from elephantiasis, and so forth.

‘At the rite in honour of the Pitṛs’ — i,e., when the time for Śrāddha has arrived, one should do the examination with great care; not so at the rite performed in honour of the gods. At the latter, one may sometimes even feed those going to be mentioned. Who are those that are permitted to be fed, we shall show later on.

According to others, however, this verse has been introduced for the purpose of enjoining the strict exclusion of those going to be mentioned; and not for that of permitting the feeding of those at the rites in honour of gods. — (149)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 556), which explains ‘parīkṣeta’ as ‘make an investigation regarding their learning and conduct’; — in Nirṇayasindhu (p. 287); — in Nṛsiṃhaprasāda (Śrāddha, p. 6b); — in Hemādri, (Śrāddha, p. 510); — and in Śrāddhakriyākaumudī (p. 34) as meaning that the testing in the case of Pitṛkṛtya is to be more thorough than in that of Devakṛtya.

 

Comparative notes by various authors:

Viṣṇu (82-1, 2). — ‘At the rite in honour of the gods, one shall not examine the Brāhmaṇa; at that in honour of Pitṛs he shall examine him with care.’

 

 

VERSE 3.150

Section VIII - Śrāddhas

 

ये स्तेनपतितक्लीबा ये च नास्तिकवृत्तयः ।
तान् हव्यकव्ययोर्विप्राननर्हान् मनुरब्रवीत् ॥१५०॥

ye stenapatitaklībā ye ca nāstikavṛttayaḥ |
tān havyakavyayorviprānanarhān manurabravīt ||150||

 

Manu has declared those Brāhmaṇas undeserving of (receiving) the offerings to gods and Pitṛs who are thieves, outcasts and eunuchs, as also those that have the behaviour of atheists. — (150)

 

Medhātithi’s commentary (manubhāṣya):

‘Thieves’ — stealers.

‘Outcast’ — one who commits any one of the five ‘great sins.’

‘Eunuch’ — emasculate, having the marks of both man and woman, unvirile, impotent.

‘Atheists’ — Materialists and others; those whose firm conviction is that ‘gifts are nothing, oblations are nothing, there is no other world the behaviour of those is unbelief; ‘those whose behaviour is like the behaviour of atheists’ are called ‘having the behaviour of atheists,’ — this being an instance of the compound that drops its last term. The word ‘atheist’ by itself would be sufficient; the term ‘behaviour’ has been introduced for the purpose of filling up the metre.

Or, the term ‘nāstikavṛttayaḥ’ may be taken to mean ‘those who derive their livelihood from atheists.’

These Manu has declared to be undeserving of the offerings made at the rites performed in honour of gods and Pitṛs.

The name of ‘Manu’ has been added for the purpose of lending force to the prohibition; as, in reality, all duties have been described by Manu. — (150)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 687) among others, enumerating persons who should not be invited at Śrāddhas; it adds (on 688) the notes that — the ‘thief’ meant here is one who steals the belongings of others than the Brāhmaṇas, the stealer of the latter’s goods being included under ‘outcastes’, — ‘nāstikavṛtti’ is one who derives his livelihood from one who denies that there are any rewards for acts in the other world; — and in Aparārka (p. 447), which explains the ‘nāstika’ as ‘one who holds the opinion that there is nothing that is divine,’ and the ‘nāstikavṛtti’ as ‘he who makes a living by expounding and writing on the works of such unbelievers.’

It is quoted also in Hemādri (Śrāddha, p. 480); — and in ‘Nṛsiṃhaprasāda (Śrāddha, p. 9a).

 

Comparative notes by various authors:

(verses 3.150-166)

Gautama (15.15-18). — ‘One shall not feed at Śrāddha one who is a thief, an eunuch, an out-cast, a heretic, or who behaves like a heretic, the murderer of the hero, one whose wife dallies with another person (or who makes love to his brother’s widow, or who has married a girl before the marriage of her elder sister), who officiates at sacrifices performed by women or by village communities, who keeps goats, who commits arson, who drinks wine, who is censorious, who has perjured himself, who is a conjuror, who permits his wife’s paramour to live in the house, who eats the food of an adulterer’s son, who sells Soma, who has burnt a house, who is a poisoner, who has broken the vows of continence, who is the servant of a company, who has intercourse with women with whom intercourse is prohibited, who is cruel, who has been superseded, in marriage, by his younger brother, who has superseded, in marriage, his elder brother, who is a pledgee or a pledger, who is bald-headed, or with deformed nails or black teeth, who suffers from leucoderma, who is the son of a remarried woman, who keeps a gambling house, who does not repeat mantras, who is the servant of the king, the Prātirūpika (whose profession is the assuming of disguises), who has married a Śūdra woman, who neglects the great sacrifices, who is leprous, who makes a living by money-lending, who trades, who makes a living by arts and crafts, or who is addicted to playing on musical instruments or to dancing and singing; — also those who have separated from their father against his wish.’

Vaśiṣṭha (11.15). — ‘Avoiding the emaciated, one who is suffering from leucoderma, the eunuch, the blind, one who has black teeth, the leprous and one who has deformed nails.’

Yājñavalkya (1.222-224). — ‘The following have been deprecated: the invalid, one deficient in his limbs, one with superfluous limbs, the one-eyed, the son of a re-married woman, one who has broken his vows of continence, one born of his unwidowed mother’s paramour, one born of his widowed mother’s paramour, who has deformed nails, or black teeth, who teaches for a stipulated fee, the eunuch, the defiler of virgins, who is accused of sins, who injures a friend, the traitor, the Soma-seller, who has superseded his elder brother in marriage, who has abandoned the mother or the father or the preceptor, one who eats the food of the adulterer’s son, the son of a Śūdra, the husband of a girl who had another husband, the thief, one whose conduct is wicked.’

Viṣṇu (82.4-29). — ‘Those who offer sacrifices for many persons, or for village-communities, those who have abandoned the mother, the father, the preceptor, the Fires or Vedic Study, temple-attendants, healers, servants of the king, professional teachers, those taught by professional teachers, those associating with outcasts, those whose behaviour is cat-like (hypocritical), those who quarrel with their father, those in the habit of performing on other days those rites that should he performed on fixed days, informers, astrologers, those supported by food given by Śūdras, those engaged in evil professions.’

Mahābhārata (13.90, 6, etc.). — ‘He who has married before his elder brother, who is suffering from skin-diseases, who violates his preceptor’s bed; the keeper of a gambling house, one who has helped in abortions, the consumptive, who tends cattle, who neglects the great sacrifices, who serves the village, the usurer, the singer, who sells all things, who has burnt houses, the poisoner, who eats the adulterer’s food, the seller of Soma, the palmist, the servant; of the king, who deals in oils, the forgerer, who has separated from his father, he who permits his wife’s paramour to live in the house, who is accused of crimes, the thief, who makes his living by arts and crafts; one who performs on stray days ceremonies laid down as to he performed on specified days, the back-biter, who injures his friend, the adulterer, who teaches persons not keeping the observances, one who makes a living by arms, who wanders about with dogs, and one who has been bitten by a dog.’

Āpastamba Dharmasūtra (2.17.21). — ‘Who is suffering from leucoderma, bald-headed, adulterer, the son of one who makes a living by arms, one born of a Brāhmaṇa mother and a Śūdra father; — if these are fed at the Śrāddha, they defile the line.’

Atri-Saṃhitā (347-348). — ‘The servant, the tawny, the one-eyed, one suffering from leucoderma, the invalid, whose skin is diseased, one whose hair has fallen off, one suffering from jaundice, one who wears matted locks, who carries loads, who is cruel, who has two wives, who has a Śūdra wife, who foments quarrels and one who causes much suffering.’

Bṛhad- Yama-Smṛti (35, 38). — ‘Possessed of evil features, the eunuch, a heretic, decrier of the Veda, one ever hankering after gifts, who is addicted to begging and is engrossed in objects of sense.’

Prajāpati-Smṛti (84, 90). — ‘The husband of a girl who has had a husband before, the thief, whoso conduct is reprehensible, — these are to be avoided. One’s ancestors fly away if they see a buffalo-keeper at the Śrāddha.’

Devala (Parāśaramādhava, p. 689). — ‘The man who makes a living for three years by worshipping gods, is called the Devalaka, despised at all offerings to Gods and Pitṛs; he is to be regarded as unfit for company at all functions.’

Kaśyapa (Aparārka, p. 118). — ‘Enemies, those who betray trusts, who are deficient in limbs, astrologers, — these Brāhmaṇas should be avoided at all functions; the one-eyed, the leprous, the eunuch, the skin-less, the hair-less, — these should never be mixed up at Śrāddha, with those versed in the Veda.’

Devala (Aparārka, p. 119). — ‘Perjuror, impotent, wife-controlled, dam-piercer, keeper of musical time, professional actor, teacher of false religion, professional beggar, who has incurred the liability of expiatory rites, roguish, foolhardy, fowler, gambler, atheist, back-biter, wicked, etc., etc.’

 

 

VERSE 3.151

Section VIII - Śrāddhas

 

जटिलं चानधीयानं दुर्बालं कितवं तथा ।
याजयन्ति च ये पूगांस्तांश्च श्राद्धे न भोजयेत् ॥१५१॥

jaṭilaṃ cānadhīyānaṃ durbālaṃ kitavaṃ tathā |
yājayanti ca ye pūgāṃstāṃśca śrāddhe na bhojayet ||151||

 

One should not feed, at a Śrāddha, one with braided hair, who is not learned, one who is hairless, the gambler, and those who sacrifice for hosts. — (151)

 

Medhātithi’s commentary (manubhāṣya):

‘One with braided hair’ — i.e., the Student; this arrangement of the hair has been laid down as an optional alternative for him — ‘he should either shave his head or wear his hair in braids’ (2-219); the ‘braided hair’ is mentioned here only as an indicative of the Student; hence the present verse includes also that student who may have shaved his head. And the student whose feeding is prohibited here is only one who is not studying.

“In view of what has been said above in regard to the propriety of feeding one who is learned in the Veda (128), there can be no possibility of anyone feeding a man who is not studying (why then should his feeding be specially prohibited?)”

The prohibition is necessary, as otherwise one might feed the student who began his study, but did not carry it on and did not learn the Veda.

“But it has been said above (145) that one should feed him who is ‘thoroughly versed in the Veda;’ where, then, could there be any possibility of the admission of one who had only made a beginning of study?”

In that case, we shall take the prohibition as applying to that student who may have read through the Veda, without having made it all his own.

Or, the phrase ‘who is not learned’ may be taken as added to guard against the contingency that, on the strength of what is said (in 3, 234) regarding the propriety of feeding the daughter’s son, even though he he still in the state of studentship, some people might be led to think the only necessary qualification consisted in the person invited being the ‘daughter’s son,’ and ‘learning’ was not an essential condition at all. And when the student1 who is not studying’ becomes precluded, it naturally follows that the student who is studying is entitled to be fed.

‘Durrāla;’ — this term may mean either one whose hair have fallen off, or one who is red-haired, or one who is without hair in his private parts. In this sense, they explain the etymology of the word as follows: — ‘mere grass suffices for his clothing, he is covered by mere grass, having no clothing, ho hides his private parts with mere grass,’

‘Gambler’ — who is addicted to gambling.

‘Who sacrifice for hosts’ — for groups of men. The collective performance of the I Vrātyastoma for a number of Vrātyas has been prescribed: and officiating at such sacrifices has been prohibited under II. 197.

Our explanation, however, is that the phrase applies to one who may sacrifice, even by turns, for many persons: — i.e., who undertakes service as priest very frequently: — such a person also shall not be fed. Says Vaśiṣṭha — ‘He who sacrifices for many men, and he who initiates many persons.’

Some people hold that, since the present verse specifies the‘Śrāddha,’ the interdict herein contained pertains only to rites in honour of the Pitṛs, not to those in honour of the gods.

This, however, is not right. Because the rites in honour of the gods (Viśvedevas) are also a part of the ‘Śrāddha,’ which latter term therefore can be used in connection with these also. — (151)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 687), which adds (on p. 688) the notes that — ‘Jaṭila’ means the

Student, who is qualified by the adjective ‘anadhīyānaḥ’, so that the person precluded is the Student who is not reading, — one who is reading being regarded as fit to be invited, the unreading Student could not be included under the term ‘not learned in the Veda,’ as there is every likelihood of people falling into the mistake that even though not reading, the Student deserves to be invited; — the ‘Durvāla’ is one who is ‘bald’, or ‘tawny-haired’; — the ‘Kitava’ is ‘one addicted to gambling’; — the ‘Pūgayājaka’ is ‘one who sacrifices for hosts.’ — It goes on to add that the addition of the term ‘Śrāddha’ indicates that the persons here enumerated are to be excluded from invitation only at Śrāddhas, and not from the rites performed in honour of the gods; otherwise the addition would be superfluous.

It is quoted in Aparārka (p. 450), which explains ‘jaṭilam’ as ‘the Brahmacārī,’ and ‘durbāla’ as ‘khalatiḥ;’ — in Hemādri (Śrāddha, p. 480); — and in Nṛsiṃhaprasāda (Śrāddha, p. 9a).

‘Jaṭilam ca anadhīyānam’ — Medhātithi takes ‘anadhīyānam’ as qualifying ‘jaṭilam’, explaining the two together as ‘the Student who is not learned; i.e., who began the study, hut did not complete it’; — Kullūka also takes the two together; but explains ‘anadhīyānam’ as ‘one who has only had his Upanayana performed, but has not been taught the Veda’; and adds that ‘this implies that one may invite that Student who is still studying the Veda, though he may not have mastered it.’

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.152

Section VIII - Śrāddhas

 

चिकित्सकान् देवलकान् मांसविक्रयिणस्तथा ।
विपणेन च जीवन्तो वर्ज्याः स्युर्हव्यकव्ययोः ॥१५२॥

cikitsakān devalakān māṃsavikrayiṇastathā |
vipaṇena ca jīvanto varjyāḥ syurhavyakavyayoḥ ||152||

 

Healers, temple-attendants, meat-sellers and those living by trade, — these should be avoided at rites performed in honour of gods and Pitṛs. — (152)

 

Medhātithi’s commentary (manubhāṣya):

‘Healers physicians.

‘Temple-attendants’ — those who attend upon idols.

These two are prohibited only as means of living. Healing and serving idols, when done entirely with a righteous motive (and not as a means of living), are not reprehensible.

‘Meat-sellers’ — Butchers.

If we read these words with the Accusative ending, then they have to be construed with the verb of the preceding verse.

‘Those living by trade’ — i.e., by improper trade; improper merchandise shall be described under Discourse 10, — those who live by such trade.

‘Should be avoided’ — at both kinds of rites.

Meat-selling is reprehensible, even when done with a righteous motive. For instance, when one man has got meat and another man has need for it; — the former man who has got the meat stands in need of butter for oblations; and he exchanges his meat with the other man’s butter; this exchange is done ‘with a righteous motive,’ and exchange also is called ‘selling;’ hence those also become excluded who do such meat-selling, even with a righteous motive. — (152)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 687), which omits the second half of this and the whole of the next verse, though continuing with verse 154; — the whole verse is quoted in Madanapārijāta (p. 560); — in Nṛsiṃhaprasāda (Śrāddha, p. 9a); — and in Hemādri (Śrāddha, p. 480).

Parāśaramādhava (on p. 689) adds the notes that the ‘chikitsaka’ is ‘one who administers medicine either gratuitously or by way of living,’ — this work being specially forbidden for the Brāhmaṇa, — the ‘Devalaka’ is ‘one who, for three years, worships the gods as a means of making money,’ such being the definition provided by a text quoted from Devala, — the ‘Māṃsavikrayī’ intended to be excluded is one who sells meat, even in abnormal times of distress, — because as regards normal times, living by any kind of trade is forbidden by the next phrase, which prohibition does not apply to abnormal times, during which the ‘livelihood of the Vaiśya’ has been permitted for the Brāhmaṇa.

It is quoted in Aparārka (p. 450), which explains that the ‘Chikitsaka’ means one who makes a living by administering medicines, not one who does it by way of charity; — and in Śrāddhakriyākaumudī (p. 40).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.153

Section VIII - Śrāddhas

 

प्रेष्यो ग्रामस्य राज्ञश्च कुनखी श्यावदन्तकः ।
प्रतिरोद्धा गुरोश्चैव त्यक्ताग्निर्वार्धुषिस्तथा ॥१५३॥

preṣyo grāmasya rājñaśca kunakhī śyāvadantakaḥ |
pratiroddhā guroścaiva tyaktāgnirvārdhuṣistathā ||153||

 

The servant of a village and of the king, one with deformed n ails, one with black teeth, the opposer of his superior, one who has forsaken the Fire and the usurer. — (153)

 

Medhātithi’s commentary (manubhāṣya):

‘Servant’ — one who carries out orders: one who is sent by the village-people hither and thither, on business.

Similarly, ‘the servant of the king,’ ‘one who hew deformed nail,’ ‘one who has black teeth.’

‘Opposer of his teacher’ — he who, in conversation and other things, remains against and in opposition to his superior.

‘One who has forsaken the Fire’ — i.e., out of the Three Fires and the Domestic Fire, one who has given up even one,

‘Usurer’ — one who, even though he has other menus of living available, lives upon interest. Though ‘Usury’ has been defined as ‘the accumulating of grains by interest,’ yet this definition can be accepted as authoritative only within the limited scope of the subject dealt with by the Smṛti in which it occurs; in fact, grammarians apply the term ‘usurer’ to persons making a living by interest, in connection with things other than grains also: and, in the matter of words and their meanings, grammarians are more authoritative than others; because they make these the subject of careful study. — (153)

 

Explanatory notes by Ganganath Jha:

It is interesting to note that this verse is omitted in Parāśaramādhava (Ācāra p. 687) and Madanapārijāta (p. 560), though both quote the preceding and the following verses. But the former includes it in the explanations given later on (on p. 690), where the term ‘tyaktāgnim’ is explained as ‘one who abandons the Śrauta and Smārta fires without any reason for giving up the compulsory duties,’ — ‘vārdhuṣin’ is explained as ‘one who borrows money at a cheap rate and lends it at a higher rate of interest’

It is quoted in Hemādri (Śrāddha, p. 481); — in Nṛsiṃhaprasāda (Śrāddha p. 9a); — and in Śrāddha-kriyākaumudī (p. 40), which explains ‘guroḥ pratiroddhā’ as ‘one who behaves disagreeably to the Teacher,’ and ‘vārdhuṣī’ as ‘one who lives by lending money on interest’

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.154

Section VIII - Śrāddhas

 

यक्ष्मी च पशुपालश्च परिवेत्ता निराकृतिः ।
ब्रह्मद्विष्परिवित्तिश्च गणाभ्यन्तर एव च ॥१५४॥

yakṣmī ca paśupālaśca parivettā nirākṛtiḥ |
brahmadviṣparivittiśca gaṇābhyantara eva ca ||154||

 

The invalid, the cattle-tender, one who has superseded h is elder brother, he who neglects the Great Sacrifices, one who is inimical to Brāhmaṇas, he who has been superseded by his younger brother, and one who is member of a company. — (154)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘yakṣmī’ stands here for the invalid in general. Some peope take it as standing for one suffering from consumption.

‘Cattle-tender’ — he who, stick in hand, tends cattle as a profession.

‘Nirākṛti,’ ‘who neglects the Great Sacrifices,’ — one who, though entitled to perform the Great Sacrifices, fails, to perform them. Even now-a-days, one who fails to perform the Great Sacrifices, and is, on that account, regarded as incapable of being served,’ is called ‘Nirākṛti.’ Thus we read in the Śatapatha — ‘ one who worships neither gods, nor ancestors nor men.’

Some people quote the definition that — ‘the man devoid of Vedic study, learning and wealth is called Nirākṛti;’ but these people are ignorant of the right meaning of words; because the person mentioned in this definition can have no connection with the present context, which deals exclusively with ‘persons learned in the Veda.’ If the term ‘Nirākṛti’ is taken iii the sense of ‘the derider, Nirākartā, of gods, etc.,’ then there is. some compatibility with the literal signification of the root; and even though the term ends with the abstract affix, ‘ktin,’ and as such is an abstract noun denoting a quality, yet its use in the sense of the person having that quality may be justified on the principle that there is no difference between the quality and one possessing the quality.

Then again, the root in the term ‘Nirākṛti,’ when preceded by ‘ni,’ signifies exclusion: people who are excluded are said to be ‘Nirākṛta;’ as we find in such expressions as ‘Nirākṛta, excluded, from dinner,’ ‘Nirākṛta, excluded, from title,’ and so forth. Thus non-exclusion would be ‘ākrti,’ ‘invitation;’ and one from whom this has been set aside, would be ‘Nirākṛti.’

Further, ‘ākṛti’ also means configuration; the prefix ‘ni’ having the sense of reprehensibilty, the term may be taken as excluding the ill-figured person. It has been declared that (one should feed) ‘one who is endowed with speech, beauty, age and diameter:’ here ‘endowed with speech’ means eloquent, of powerful speech; but the man who is garrulous should not be fed; ‘endowed with beauty’ means having a beautiful body and limbs; ‘endowed with age’ means what Gautama (15.10) has said in regard to ‘the feeding of older men before youths,’

Lastly, the term ‘Nirākṛti’ may be taken as ending in ‘ktich,’ and being a proper name,

‘One who is inimical to Brahman’ — one who hates Brāhmaṇas, or the Veda; the term ‘Brahman’ denoting both (Brāhmaṇa and Veda); when, for instance, it is said that ‘the Brāhmaṇa also is called Brahman.’

‘Company’ — corporation; those, who subsist conjointly upon one means of livelihood, are spoken of by the name ‘com pany;’ and those Brāhmaṇas who are members of such a company.

‘One who has superseded his elder brother’ and ‘one who has been superseded by his younger brother’ — these are going to be described later on. — (154)

 

Explanatory notes by Ganganath Jha:

‘Yakṣmī’ — ‘Invalid in general, or (according to ‘others’) one suffering from consumption’ (Medhātithi, who has favoured the latter explanation on p. 159 of the text).

‘Nirākṛtiḥ’ — ‘One who omits the Great Sacrifices, even though entitled to their performance’ (Medhātithi, Kullūka and Rāghavānanda); — ‘one who forsakes the Vedas’ (Govindarāja); — ‘one who does not recite the Veda, or has forgotten it’ (Nārāyaṇa and Nandana).

‘Gaṇābhyantaraḥ’ — ‘A member of a corporation of men subsisting conjointly upon one means of livelihood’ (Medhātithi, Govindarāja and Nārāyaṇa); — ‘the headman of a village, or leader of a caravan’ (added by Nārāyaṇa); — ‘one who misappropriates the money of a corporation’ (Kullūka and Rāghavānanda).

This verse is quoted in Madanapārijāta (p. 560), which explains ‘paśupālaḥ’ as ‘one who tends cattle as a means of living’, — ‘Nirākṛtiḥ’ as ‘atheist,’ — and ‘gaṇābhyantaraḥ’ as ‘a Brāhmaṇa who is a member of a Maṭha, a religious corporation.’

Parāśaramādhava (Ācāra, p. 687), which adds (on p. 690) the following notes: — The ‘yakṣmī’ is the ‘consumptive’; — the ‘cattle-tender’ meant to be excluded is one who does the work even in normal times, — the ‘parivettā’ is the younger brother who takes a wife or sets up the fire, before his elder brother; and ‘Parivitti’ is the elder brother thus superseded, — the ‘elder brother’ here meant being the ‘uterine brother’, as there is nothing wrong in the ‘superseding’ of other kinds of brothers; though, under certain circumstances, the ‘superseding’ of the elder uterine brother also is not considered wrong; e. g., when the brother happens to be impotent, or away in foreign lands, or become an outcaste, or turn an ascetic, or entirely given to yogic practices, and as such has renounced the world, and so forth; — the ‘nirākṛti’ is one who, having read the Veda, has forgotten it’; — and the ‘gaṇābhyantara’ is ‘one who is a member of a group of men belonging to various castes and engaged in uncertain ways of living.’

It is quoted in Hemādri (Śrāddha, p. 481); — and in Śrāddhakriyākaumudī (p. 40), which explains ‘yakṣmī’ as ‘one suffering from consumption’ and ‘nirākṛtiḥ’ as ‘one who does not perform the Five Daily Sacrifices,’ — and ‘gaṇābhyantaraḥ’ as ‘one who makes a living by a temple dedicated to the public.’

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.155

Section VIII - Śrāddhas

 

कुशीलवोऽवकीर्णी च वृषलीपतिरेव च ।
पौनर्भवश्च काणश्च यस्य चौपपतिर्गृहे ॥१५५॥

kuśīlavo'vakīrṇī ca vṛṣalīpatireva ca |
paunarbhavaśca kāṇaśca yasya caupapatirgṛhe ||155||

 

An actor, one who has broken the vows of continence, the husband of a Śūdra woman, the son of a re-married woman, one who has only one eye, and he in whose house lives the paramour. — (155)

 

Medhātithi’s commentary (manubhāṣya):

Bards, dramatic performers, dancers and singers are called ‘actors.’

‘One who has broken the vows of continence’ — necessary for the student.

The term ‘vṛṣalī’ stands for the śūdra woman; her ‘husband.’ People think that this refers to a case where there is no other wife; the meaning being ‘he who is the husband of the Śūdra woman alone, he who has no wife of any twice-born caste.’

“Whence is this sense got at?”

In another connection, we find a recapitulation of reprehensible practices, where we read — ‘these are men addicted to reprehensible practices’ (167); the mere marrying of a Śūdra woman, which is sanctioned by all, is not ‘reprehensible;’ but it has been sanctioned only for one who has already married a wife of the same caste as himself. Hence, what is excluded here is that husband of the Śūdra woman who has no wife of the same caste as himself.

‘The son of a re-married woman;’ — ‘punarbhūḥ’ is the remarried woman; described under Discourse 9, in the verse ‘she who has been abandoned by her husband, etc.’ (9.175).

‘Who has only one eye’ — whose one eye is maimed.

‘He in whose house lives the paramour,’ — i.e., the paramour of his lawfully wedded wife. Such a man is despised by reason of his tolerating such a thing. It is said below (8.317) — ‘The abortionist transmits bis guilt to him who feeds him, and the misbehaved wife transmits hers to her husband.’ — (155)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 687), which (on p. 693) adds the following notes: — ‘Kuśīlava’ stands for ‘singers and others,’ — ‘Vṛṣalīpati’ is ‘the husband of a girl who attained puberty before marriage;’ — that person also is to be excluded in whose house a paramour of his wife’s lives constantly; — in Hemādri (Śrāddha, p. 481); — and in Śrāddhakriyākaumudī (p. 40), which explains ‘Kuśīlavaḥ’ as ‘dancer’.

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.156

Section VIII - Śrāddhas

 

भृतकाध्यापको यश्च भृतकाध्यापितस्तथा ।
शूद्रशिष्यो गुरुश्चैव वाग्दुष्टः कुण्डगोलकौ ॥१५६॥

bhṛtakādhyāpako yaśca bhṛtakādhyāpitastathā |
śūdraśiṣyo guruścaiva vāgduṣṭaḥ kuṇḍagolakau ||156||

 

One who teaches for a stipulated fee, he who is taught by one who teaches for a stipulated fee, the pupil and also the teacher of a Śūdra, one who is reprehensible in speech, the son of an adulteress and the son of a widow. — (156)

 

Medhātithi’s commentary (manubhāṣya):

‘One who teaches for a stipulated fee’ — one who teaches only while be is engaged on a fee; one who undertakes the work of teaching after having made the stipulation that ‘if you pay me so much, I shall teach you the Veda,’ is called ‘one who teaches for a stipulated fee.’ Such is the form of payment known among bearers and others. If, however, without having verbally stipulated that one would receive a certain amount of money, one does the work of teaching and receives payment afterwards, then such a teacher is not ‘one who teaches for a stipulated fee.’ In fact, teaching in return for payment of an amount not previously stipulated, has been actually sanctioned.

Similarly, ‘one who is taught by one who teaches for a stipulated fee;’ this is the name given to one who himself, like Satyakāma, pays a stipulated fee and then reads with the teacher. The boy, however, who, in the absence of any other teacher, is put by his father and others under the tuition of one who is paid a stipulated fee, is not regarded as ‘of reprehensible practice.’ Because it is for the father to save the boy from all that is prohibited. It has been declared (in 8.317) — ‘The pupil and the sacrificer transmit their guilt to the Teacher.’

‘The pupil of a Śūdra’ — in the learning of Grammar and other Sciences.

‘Teacher’ — of the Śūdra, Though the term ‘śūdra,’ forms the subordinate factor in the compound ‘śūdraśiṣya,’ yet it is construed with the following word; such construction being permissible in works on Smṛti. Then again, the condition of being ‘reprehensible practice’ is a qualification that governs all that is said here, and it is only the teaching of the Śūdra. that is reprehensible, not the teaching of any other higher caste.

‘Reprehensible in speech’ — i.e., rude and untruthful of speech. Others explain this to mean ‘one who is accused of a serious offence.’

‘The son of an adulteress and the son of a widow’ — to be described later on (174), — (156).

 

Explanatory notes by Ganganath Jha:

‘Vāgduṣṭaḥ’ — ‘who speaks rudely and falsely’ (Medhātithi); — ‘who speaks rudely’ (Kullūka); — ‘one who is accused of a serious offence’ (‘others’ mentioned by Medhātithi, and Kullūka.)

This verse is quoted in Parāśaramādhava (Ācāra, p. 687), which (on p. 693) adds that ‘vāgduṣṭa’ is ‘one of rude speech’; — in Hemādri (Śrāddha, p. 481); — in Śrāddhakriyākaumudī (p. 40), which explains ‘guruḥ’ as ‘preceptor of the Śūdra,’ and ‘vāgduṣṭaḥ’ as ‘of harsh speech’; — and in Nṛsiṃhaprasāda (Śrāddha, p. 9a).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.157

Section VIII - Śrāddhas

 

अकारणे परित्यक्ता मातापित्रोर्गुरोस्तथा ।
ब्राह्मैर्यौनैश्च सम्बन्धैः संयोगं पतितैर्गतः ॥१५७॥

akāraṇe parityaktā mātāpitrorgurostathā |
brāhmairyaunaiśca sambandhaiḥ saṃyogaṃ patitairgataḥ ||157||

 

The forsaker, without cause, of his mother, father and superior; and he who has formed a connection, through the relationship of either Veda or marriage, with outcasts. — (157)

 

Medhātithi’s commentary (manubhāṣya):

He who, in the absence of any cause, forsakes his Mother, Father and Preceptor. The term ‘guru,’ ‘superior’ here being used in its general sense, includes the Teacher also.

Some people argue that — “in that case (if ‘guru ’ stands for the superior in general), the Father and the Mother need not have been mentioned, these also being included under the term ‘guru; for this reason, this term ‘guru’ should be taken as standing for the Preceptor only.”

This, however, is not right. If the ‘father’ and ‘mother’ wore not specifically mentioned, then the term ‘superior’ would stand for the father only, by the law of the ‘natural and artificial’ [i.e., where both are possible, the natural one is to be given the preference, and the Father is the natural superior, while the Teacher is only an artificial one]. When, however, these two are mentioned separately, then it becomes clear that the term ‘superior’ has been used in its most general sense; specially in view of what other scriptures have said regarding the Teacher being ‘the best of superiors.’

Reasons for forsaking these superiors are such as are mentioned in the text — ‘one should forsake one’s father, if one has injured the king,’ and so forth.

The ‘forsaking’ of one’s parents means omitting to wash and shampoo their feet and to do such other services, i.e., being inattentive to their service. Similarly, with the Teacher, in whose case going for study to another teacher, while one’s teacher is capable of teaching one, also constitutes ‘forsaking.’

‘Who has formed connection with outcasts’ — i.e., established relationship with them.

‘Through the Veda’ — i.e., by officiating at their sacrifices, by teaching them, and so forth.

‘Through marriage,’ — i.e., by giving his daughter in marriage to them, and so forth.

“The man who forms such connection, would himself become an outcast; and it would he as an outcast himself that he would be avoided at rites.”

In answer to this, some people say, in view of what is said below (290) regarding a man becoming an1 outcast’ by associating with outcasts for one gear, that the present prohibition should be taken as pertaining to the time before the lapse of the twelve months.

“What is this peculiar form of expression — formed a connection through relationship?’”

As a matter of fact, the term ‘samyoga,’ ‘connection’ is not used here in the sense of ‘conjunction,’ according to the usage of the Vaiśeṣikas; it is the act itself that is called ‘connection,’ by reason of its being the cause of connection. In connection with the acts of ‘officiating at sacrifices’ and the like, the term ‘connection’ indicates and stands for mere relationship in general. — (157)

 

Explanatory notes by Ganganath Jha:

‘Guroḥ’ — ‘The Upādhyāya’, Sub-teacher (Medhātithi); — ‘the Ācārya Teacher (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 687), which (on p. 693) adds that the person meant to be excluded by the second half of the verse is the person who contracts the said alliances with one associating with a person who has committed a heinous crime, — and not with the latter person himself, as such a relation of the ‘heinous criminal’ would be an ‘outcaste’ himself, and hence liable to be excluded as such; — in Hemādri (Śrāddha, p. 481); — and in Nṛsiṃhaprasāda (Śrāddha, p. 9a).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.158

Section VIII - Śrāddhas

 

अगारदाही गरदः कुण्डाशी सोमविक्रयी ।
समुद्रयायी बन्दी च तैलिकः कूटकारकः ॥१५८॥

agāradāhī garadaḥ kuṇḍāśī somavikrayī |
samudrayāyī bandī ca tailikaḥ kūṭakārakaḥ ||158||

 

The house-burner, the poisoner, one who eats the food of an adulteress’ son, the seller of Soma, the sea-voyager, the bard, the dealer in oils, and the perjuror. — (158)

 

Medhātithi’s commentary (manubhāṣya):

The burner of houses.

‘Garada’ — one who gives to others the gara-poison; the mention of ‘gara’ is merely indicative; it includes all kinds of poison.

He who eats the food of the adulteress’ son; similarly, he who eats the food of the widow’s son; the former being meant to be purely indicative.

He who sells Soma; ‘Soma’ is a particular kind of herb; he who sells this herb, for use either at sacrifices or for medicine.

Others have explained the term ‘Soma’ (in the expression ‘seller of Soma’) to mean the Jyotiṣṭoma and other sacrifices performed with the Soma. Though the actual ‘selling’of these sacrifices is not possible, — because an act is purely incorporeal, — yet, as a matter of fact, the practice of ‘selling’ sacrifices is found to be current among illiterate people; hence the present prohibition. Illiterate people are found making such assertions in oath as — (a) ‘whatever good I have done, may be yours’ (where they mean to transfer the merit acquired by their good deeds), and (b) ‘that night in which you were born and that in which you are dying, leaving these two, all your charities and performances, all your good deeds, your life and offspring I might destroy, if they injure me’ (An oath). And just as they make use of such oaths, so also they practice the Giving and Selling (of acts) by means of words; and he who does this, is avoided (at Śrāddha -feedings). It is from this that we infer the impropriety of uttering such oaths and the doing of such verbal givings and sellings.

‘Sea-voyager’ — one who goes out to the sea.

‘Bard’ — one who sings the eulogia of men.

‘Dealer in oils’ — one who presses sesamum and other oilseeds.

‘Perjuror’ — one who tells a lie when giving evidence. — (158).

 

Explanatory notes by Ganganath Jha:

‘Agāradāhī’ — ‘An incendiary; as also (according to Nandana) one who burns corpses for money’.

‘Kuṇḍāśī’ — ‘One who eats the food of the son of an adultress’ (Medhātithi and Kullūka) ‘the glutton who eats sixty palas of rice’ (Nārāyaṇa).

‘Kūtakārakaḥ’ — ‘The perjuring witness’ (Medhātithi, Rāghavānanda and also Kullūka, whose explanation does not differ from Medhātithi’s as noted by Buhler); — Medhātithi explains the word as ‘Sākṣyeṣvanṛtavādī,’ and Kullūka as ‘Sākṣivāde mṛṣāvādasya-kartā’; — ‘any one who commits fraud, i.e. a forger, a falsifier of weights and measures’ (Nārāyaṇa and Nandana).

This verse is quoted in Parāśaramādhava (Ācāra, p. 687) without any comment; — in Hemādri (Śrāddha, p. 481); — and in Nṛsiṃhaprasāda (Śrāddha, p. 9a).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.159

Section VIII - Śrāddhas

 

पित्रा विवदमानश्च कितवो मद्यपस्तथा ।
पापरोग्यभिशस्तश्च दाम्भिको रसविक्रयी ॥१५९॥

pitrā vivadamānaśca kitavo madyapastathā |
pāparogyabhiśastaśca dāmbhiko rasavikrayī ||159||

 

One quarrelling with one’s father, the keeper of a gambling house, the drunkard, one afflicted with a foul disease, one accused of sins, the hypocrite, and the dealer in essence. — (159)

 

Medhātithi’s commentary (manubhāṣya):

He who quarrels with his father; i.e., talks rudely to him; and goes to court against him as party to a suit instituted for partition. Says Gautama (15-19) — ‘Those who separate from their Father, without reason.’

Why should this be asserted here, which appears to be a repetition of what has been mentioned above (153) as the ‘opposer of his Teacher’?”

Opposing is one thing, and quarrelling is something different. When the superior wants a certain thing, if one were to say rudely, ‘How can this be got!,’ — this is ‘opposing;’ so that one is an ‘opposer, by obstructing his acquisition of a thing that belongs to him. Further, under 153 ‘pratirāddhā’ is another reading (for ‘pratiroddhā’), which means ‘doing direct injury,’ i.e., striking the superior with slaps, &c. And with this reading what has gone before (in 153) is clearly different from the ‘quarrelling’ mentioned here.

‘Keeper of a gambling house’ — the gamester who makes other people gamble; he who is himself a gambler has been already excluded before (in 151),

Some people read ‘Kekara’ (for ‘Kitava’), reading the text as ‘Kekaro madyapastathā;’ and ‘Kekara’ is the man with a squint.

Others, again, read ‘Kātara,’ which means ‘one, the pupils in whose eyes are like the parrot’s feather, green.’

‘Drunkard’ — one who drinks wines of kinds other than the ‘Surā’ (wine distilled from grains); such, for instance, as the ‘Ariṣṭa,’ and the like; — the drinker of ‘Surā’ being already precluded as an ‘outcast.’

‘One afflicted with a fold disease’ — i.e., the leper; he being very much despised among people, it is only right that he should be spoken of as ‘afflicted with a foul disease.’

It is on account of the present prohibition that the term yakṣmi (in 154) has been taken (by some people) not as the ‘invalid’ in general, but one who is suffering from consumption; if the ‘invalid’ in general were meant, then all invalids being included there, the author would not have mentioned ‘one afflicted with a foul disease’ in this verse.

‘Accused of sins.’ — one who is known among people as having committed sins, great and small; even without its being known for a certain.

‘Hypocrite.’ — one who deceitfully performs religious acts, with a view to gaining popularity, not because he thinks it his duty to do so.

‘Dealer in essence.’ — i.e., the seller of poison; it is poison that is called ‘Essence.’ In several places, we find the poisoner spoken of as ‘rasadaḥ’ ‘giver of essence — (159)

 

Explanatory notes by Ganganath Jha:

‘Kitavaḥ’ — ‘The keeper of a gambling house’ (Medhātithi); — ‘one who makes others play for himself’ (Govinda-

Medhātithi and Kullūka note the other reading ‘Keka raḥ’, explaining it as ‘squint-eyed’, and connecting it with the ‘drunkard.’

The translation on p. 183, ll. 1-3 should run as follows, and not as printed: — “Some people read ‘Kekaraḥ’ for ‘kitavaḥ’ and make it qualify ‘madyapaḥ’; the ‘kekara’ is ‘the man with a squint’.

‘Kātaraḥ’ is yet another reading noted by Medhātithi, who explains it as ‘one, the pupils in whose eyes are like the parrot’s feather, green’.

‘Rasavikrayī’ — ‘One who sells poison’ (Medhātithi); — ‘one who sells substances used for flavouring food, e.g., sugarcane-juice and the like’ (Govindarāja, Kullūka and Rāghavānanda); — ‘the seller of molasses’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 087), which reads ‘Kekaraḥ’ and explains it as ‘squint-eyed’; — in Hemādri (Śrāddha, p. 481); — in Nṛsiṃhaprasāda (Śrāddha p. 9); — and in Śrāddhakriyākaumudī (p. 40), which explains ‘kitavaḥ’ as ‘gambler’, and ‘rasavikrayī’ as ‘dealer in salt and such other articles’.

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.160

Section VIII - Śrāddhas

 

धनुःशराणां कर्ता च यश्चाग्रेदिधिषूपतिः ।
मित्रध्रुग् द्यूतवृत्तिश्च पुत्राचार्यस्तथैव च ॥१६०॥

dhanuḥśarāṇāṃ kartā ca yaścāgredidhiṣūpatiḥ |
mitradhrug dyūtavṛttiśca putrācāryastathaiva ca ||160||

 

The maker of bows and arrows, he whose wife dallies with another person and he who makes love to his brother’s widow, he who injures a friend, he who subsists by gambling and he who has his own son for his teacher. — (160)

 

Medhātithi’s commentary (manubhāṣya):

He who, as a professional artisan, makes bows and arrows.

‘Agredidhiṣūpatiḥ;’ — the term ‘didhiṣū’ is connected both ways, like the single eye-ball of the crow operating in both sockets. Such a construction is permissible, because the text belongs to the category of a ‘snmṛti-śātra.’ Even (meaningless) lines and clods of earth are made to yield some meaning, in consideration of the requirements of Smṛtis; and they come out useful too. For this reason, the objection need not be raised as to how a single term occurring in the middle of a compound can be construed with two different terms. In fact. Gautama (15.16) has expressly prohibited both (The ‘agredidhiṣū’ and the ‘didhiṣūpati’), and this indicates the plausibility of the above construction; and the compound really contains two terms. Further, there is no such person as ‘agredidhiṣūpati.’ The definition of these two (‘agredidhiṣū and didhiṣūpatī’) will he supplied later on.

‘Who injures a friend’ — who puts obstacles in a friend’s business.

‘Who subsists by gambling’ — The man for whom gambling is the means of subsistence.

“Such a person has already been mentioned in the preceding verse.”

But the person who helps people to gamble (The ‘keeper of a gambling house, mentioned before) is not necessarily one who makes a living by it; in fact, it is one who himself does not know gambling, or who does not do it through fear of his elders; hut, being addicted to it as an amusement, he always makes others gamble; and it is for excluding this kind of man that we had the second ‘Kitava’ (in the preceding verse; the word ‘Kitava’ having been first included in verse 151).

Or, the term ‘dyūtavṛtti’ may stand for those who, without any money themselves, are constant dummy visitors at gambling places.

He whose son is his teacher; it is not possible for the son to be his father’s ‘ācārya’ in the real sense of this term. — (160)

 

Explanatory notes by Ganganath Jha:

‘Agredidhiṣūpatiḥ’ — According to Medhātithi, this means (a) the ‘Didhiṣūpati’, i.e., one who makes love to his brother’s widow (according to 173 below) — and also (b) the ‘Agredidhisū’, i.e., the man whose wife dallies with another person (according to definition quoted by Medhātithi on 173). This interpretation is supported by Manu 3.173 (read with Prajāpati, quoted by Maskari Bhāṣya on Gautama sūtra 15.16), which adds to Manu 173, the further assertion saṃ caiva jīvato bhrātuḥ sa cāgredidhiṣūḥ samṛtaḥ, which would apply the name agredidhiṣū to that man whose wife dallies with his younger brother, during his own life-time. It may be remarked that Gautama (15.16) contains the compound agredidhiṣūpatididhiṣūpati; and it has been construed by the Maskari-bhāṣya to mean agredidhiṣū and didhiṣūpati (thus supporting Medhātithi); or (1) agredidhiṣūpati (husband of a girl who is married before her elder sister) and didhiṣūpati (husband of a girl whose younger sister is married before her).

Medhātithi does not resolve the compound, as Buhler puts it, into ‘agredidhiṣūpati’ and ‘didhiṣūpati’; in fact he actually denies that there is any such person as ‘agredidhiṣūpati’; — though it is difficult to see how this statement here by Medhātithi is to he reconciled with what he says under verse 173 below, that ‘the definition of Agredidhiṣūpati should be learnt from another Smṛti’, — and this definition is quoted as ‘if the brother is alive, the man is to be known as Agredidhiṣūpati; so that the Didhiṣūpati is the man making love to his dead brother’s wife’ (according to Manu 3.173), while Agredidhiṣūpati is one whose wife dallies with his younger brother during his own life-time.

Kullūka quotes Laugākṣi to the effect that ‘when the younger sister is married while the elder is still unmarried, the former is the Agredidhiṣū and the latter the didhiṣū’; and on the strength of this he would exclude ‘the husband of the younger sister marrying before her elder sister. But as rightly remarked by Buhler, this definition of Laugākṣi cannot be accepted in the interpretation of Manu who has himself (in verse 173) provided a totally different definition. It is interesting to note that the Maskaribhāṣya on Gautama (15.16) attributes to Manu the definition quoted by Kullūka as Laugākṣi’s.

Parāśaramādhava (Ācāra, which quotes this text of Manu on p. 688, and explains it on p. 693) cites the verse quoted by Kullūka (from Laugākṣi), but attributes it to Devala, and explains the term ‘agredidhiṣūpati’ in the same manner as Kullūka.

‘Dyūtavṛttiḥ’ — ‘He who makes a living by gambling’ (Medhātithi, who does not explain the term to mean ‘one who makes others play for his profit’; also Nārāyaṇa and Nandana); — ‘the keeper of a gambling-house’ (Govindarāja, Kullūka and Rāghavānanda).

‘Putrācāryaḥ’ is explained in Parāśaramādhava (Ācāra, p. 694) as ‘akṣarapāṭhakaḥ’ the teacher of alphabets. So the status of the Primary School Teacher of ancient days was no better than that of their representatives at the present day!

This verse is quoted in Hemādri (Śrāddha, p. 481).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.161

Section VIII - Śrāddhas

 

भ्रामरी गन्डमाली च श्वित्र्यथो पिशुनस्तथा ।
उन्मत्तोऽन्धश्च वर्ज्याः स्युर्वेदनिन्दक एव च ॥१६१॥

bhrāmarī ganḍamālī ca śvitryatho piśunastathā |
unmatto'ndhaśca varjyāḥ syurvedanindaka eva ca ||161||

 

An epileptic, one having a string of scrofulous swellings, one who suffers from leucoderma, the backbiter, the lunatic, the blind man, and the derider of the Veda — all these should be avoided. — (161)

 

Medhātithi’s commentary (manubhāṣya):

The words here used signify particular diseases.

‘Bhrāmarī’ — is an epileptic.

‘Gaṇḍamāti’ — on whose cheeks and throat there appear swellings in the form of a string.

‘Śvitra’ — is white leprosy, leucoderma.

‘Piśuna,’ ‘backbiter,’ is one who betrays other people’s secrets, and accuses them on the sly.

‘Lunatic’ — whose mind is unsettled, either when there is derangement of his humours or when he is obssessed by a ghost, and he says and does things at random.

‘Blind man’ — who is without eyes.

‘Derider of the Veda’ — “The derider of the Veda has been already mentioned before by the term ‘brahmadviṭ’ ‘who is inimical to Brahman,’ where the term ‘brahman’ has been explained as having several meanings (signifying the Brāhmaṇa as well as the Veda).”

Not so; deriding is something totally different from being inimical; being inimical is a property of the mind, while deriding is speaking ill, of one by words expressing disregard. — (161)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 688), and on p. 694, the term ‘bhrāmarī’ is explained as ‘vṛttyarthameva bhramaravat arthārjakaḥ,’ ‘one who, for his living, picks up wealth from here, there and everywhere, like the black bee’; — in Hemādri (Śrāddha, p. 481); — and in Nṛsiṃhaprasāda (Śrāddha, p. 9a).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.162

Section VIII - Śrāddhas

 

हस्तिगोऽश्वौष्ट्रदमको नक्षत्रैर्यश्च जीवति ।
पक्षिणां पोषको यश्च युद्धाचार्यस्तथैव च ॥१६२॥

hastigo'śvauṣṭradamako nakṣatrairyaśca jīvati |
pakṣiṇāṃ poṣako yaśca yuddhācāryastathaiva ca ||162||

 

The tamer of elephants, bulls, horses or camels, one who subsists on stars, bird-keeper and the teacher of warfare. — (162)

 

Medhātithi’s commentary (manubhāṣya):

‘One who trains elephants,’ etc., is called their ‘tamer,’ he who trains them in various gaits.

‘One who subsists on stars,’ — the term ‘stars’ stands for the science of Astrology; and he who lives by that is the astrologer.

The keeper of birds, — he who keeps them for the purposes of chase.

‘Teacher of warfare’ — one who teaches the science of archery. — (162)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without comment in Parāśaramādhava (Ācāra, p. 688); — in Hemādri (Śrāddha, p. 481); — and in Nṛsiṃhaprasāda (Śrāddha, p. 9a).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.163

Section VIII - Śrāddhas

 

स्रोतसां भेदको यश्च तेषां चावरणे रतः ।
गृहसंवेशको दूतो वृक्षारोपक एव च ॥१६३॥

srotasāṃ bhedako yaśca teṣāṃ cāvaraṇe rataḥ |
gṛhasaṃveśako dūto vṛkṣāropaka eva ca ||163||

 

He who diverts water-courses, he who is addicted to obstructing them, the house-planner, the messenger and

 

Medhātithi’s commentary (manubhāṣya):

‘Water-courses’ — the sources of water; — ‘he who diverts’ these; i.e., having cut the embankments, takes the water to irrigate his field, &c.

‘He who is addicted to obstructing them’ — i.e, the water-courses.

‘Obstructing’ means covering up; hence the meaning is that‘he who closes the source from which the water flows.’

The person who advises regarding the position of houses; — one who lives by the science of architecture; i.e., the architect, the mason, and so forth. One who plans his own houses is not meant here.

‘Messenger,’ — the king’s servant; who is employed by him as a slave. He is one who is employed in business relating to peace and war.

He who plants trees for payment. Planting them as a righteous act is not reprehensible; because such an act would not be ‘reprehensible practice;’ in fact, the planting of trees has been actually enjoined, as we learn from such assertions as‘he who has planted ten mango-trees goes not to hell.’ — (163)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 688), which explains (on p. 694) ‘gṛhasaṃveśakaḥ’ as ‘one who makes a living by carpentry’; — in Hemādri (Śrāddha, p. 482); — and in Nṛsiṃhaprasāda (Śrāddha, p. 9a).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.164

Section VIII - Śrāddhas

 

श्वक्रीडी श्येनजीवी च कन्यादूषक एव च ।
हिंस्रो वृषलवृत्तिश्च गणानां चैव याजकः ॥१६४॥

śvakrīḍī śyenajīvī ca kanyādūṣaka eva ca |
hiṃsro vṛṣalavṛttiśca gaṇānāṃ caiva yājakaḥ ||164||

 

He who sports with dogs, the falconer, the defiler of virgins, the cruel man, he who derives his subsistence from Śūdras, and he who sacrifices to the Gaṇas. — (164)

 

Medhātithi’s commentary (manubhāṣya):

‘He who sports with dogs’ — i.e., keeps dogs for sporting purposes.

‘Falconer’ — he who lives on falcons, — i.e, by baying and selling them. The ‘bird-keeper’ mentioned before (162) is one who keeps them in cages.

He who makes a virgin cease to be a virgin is called ‘the defiler of virgins.’

The ‘cruel man’ is one who takes delight in killing animals.

He who derives subsistence from serving the Śūdras.

‘Vṛṣalaputraḥ’ is another reading (for ‘vṛṣalavṛttiḥ’), which means ‘he who has only Śūdra children;’ ‘having only Śūdra children’ being a ‘reprehensible act.’

He who sacrifices to the deities called ‘gaṇas.’ ‘Gaṇayāgas’ are well known. — (164)

 

Explanatory notes by Ganganath Jha:

‘Gaṇānām-yājakaḥ’ — ‘One who sacrifices to the gods; i.e., he who performs the well known Gaṇayāgas,’ (Medhātithi); — ‘one who sacrifices for a group of men or friends’ (Nārāyaṇa and Nandana).

This verse is quoted in Parāśaramādhava, (Ācāra, p. 688) without comment; — and in Hemādri (Śrāddha, p. 482).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.165

Section VIII - Śrāddhas

 

आचारहीनः क्लीबश्च नित्यं याचनकस्तथा ।
कृषिजीवी श्लीपदी च सद्भिर्निन्दित एव च ॥१६५॥

ācārahīnaḥ klībaśca nityaṃ yācanakastathā |
kṛṣijīvī ślīpadī ca sadbhirnindita eva ca ||165||

 

One devoid of right conduct, the man without vigour, the constant beggar, he who lives by agriculture, one suffering from elephantiasis, and he who is spoken ill of by good men. — (165)

 

Medhātithi’s commentary (manubhāṣya):

‘Right conduct’ stands here for the ordinary acts of courtesy, such as offering worship to persons coming to one’s house, and so forth; — he who is devoid of this.

‘Without vigour’ — i.e., with very little energy; who has lost all enthusiasm for doing his duties.

‘Constant beggar’ — one who is always begging, he who teases people by his begging; it is in the very nature of things that begging should displease the person bagged from. The term ‘yācanakaḥ’ is formed with the ‘yu’ affix, according to Pāṇini 3.1.134, and then the reflexive ‘ka’ added to it.

‘He who lives by agriculture’ — by doing the cultivating himself; or even by the cultivating done by others, if other means of living are available.

‘One suffering form elephantiasis’ — whose one leg is thicker than the other,

‘He who is spoken ill of by good men’ — the unfortunate man, who is despised by good men, even without doing anything wrong. — (165)

 

Explanatory notes by Ganganath Jha:

This verse is quoted without comment in Parāśaramādhava (Ācāra, p. 688); — in Hemādri (Śrāddha, p. 482); — and in Śrāddhakriyākaumudī (p. 40).

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.166

Section VIII - Śrāddhas

 

अउरभ्रिको माहिषिकः परपूर्वापतिस्तथा ।
प्रेतनिर्यापकश्चैव वर्जनीयाः प्रयत्नतः ॥१६६॥

aurabhriko māhiṣikaḥ parapūrvāpatistathā |
pretaniryāpakaścaiva varjanīyāḥ prayatnataḥ ||166||

 

The sheep-dealer, the buffalo-keeper, the husband of a woman who had another previous husband, the carrier of the dead — all these should be avoided with care. — (166)

 

Medhātithi’s commentary (manubhāṣya):

‘Urabhra’ is sheep; one who ‘deals’ in these, — i.e., carries on the business of buying and selling them; it may also mean ‘one whose chief wealth consists in sheep.’

Similarly, the ‘buffalo-keeper.’

‘He who has had another man for her former husband;’ — the husband of such a one; i.e., one who marries again the woman who has been previously given to — or married by — another man; he who ‘again’ (punaḥ) ‘becomes’ (bhavati) the husband; such a husband is called ‘paunarbhava’ by the scriptures.

He who carries the dead — i.e., carries the dead bodies.

These ‘should be avoided with care’ — (166).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 688), which (on p. 694) explains ‘Aurabhrikaḥ’ as ‘one who keeps sheep as a means of livelihood’, — and māhiṣikaḥ’ as meaning either (a) ‘one who keeps buffaloes’, or (b) ‘the son of an unchaste woman’, — this latter explanation being based upon a text quoted from Devala, — ‘An unchaste wife is called Māhiṣī; the son born of her is called Māhiṣikaḥ,’ — in Hemādri (Śrāddha, p. 484); — and in Śrāddhakriyākaumudī (p. 40), which explains ‘pretaniryātakaḥ’ as ‘one who carries dead bodies on payment of wages’.

 

Comparative notes by various authors:

(verses 3.150-166)

See Comparative notes for Verse 3.150.

 

 

VERSE 3.167

Section VIII - Śrāddhas

 

एतान् विगर्हिताचारानपाङ्क्तेयान् द्विजाधमान् ।
द्विजातिप्रवरो विद्वानुभयत्र विवर्जयेत् ॥१६७॥

etān vigarhitācārānapāṅkteyān dvijādhamān |
dvijātipravaro vidvānubhayatra vivarjayet ||167||

 

The learned Brāhmaṇa should avoid at both (rites) these l owest of twice-born men, who are of reprehensible conduct and who are unworthy of company. — (167)

 

Medhātithi’s commentary (manubhāṣya):

These men, whose ‘conduct’ — line of action — is ‘reprehensible.’ The ‘blind’ and the rest having their previous misconduct indicated by these disabilities; while the ‘thief,’ etc., have their misconduct actually perceptible in the present.

‘At both’ — rites for gods and pitṛs.

‘Should avoid’ — should exclude.

‘Unworthy of company’ — i.e., they do not deserve company. The ‘ḍhak’ affix denoting presence. Absence from company indicates unworthiness. That is, he does not deserve to eat in the company of other Brāhmaṇas. It is for this reason that such persons have been called ‘defilers of company;’ the meaning being that those who sit at dinner with them become defiled. — (167)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 688) and (on p. 694) explains ‘ubhayatrāpi varjayet’ as ‘a11 these men are to be excluded from both kinds of rites — those in honour of the Gods as well as those in honour of the Pitṛs’; — and in Hemādri (Śrāddha, p. 482).

 

Comparative notes by various authors:

Bṛhad- Yama-Smṛti (37, 38). — ‘These should be avoided at Śrāddhas and at gifts; these should be avoided with great care — so Yama has declared.’

Viṣṇu (82.30). — ‘These have been declared to be low Brāhmaṇas, defilers of the line; the wise man should avoid them with great care at the performance of Śrāddha.’

 

 

VERSE 3.168

Section VIII - Śrāddhas

 

ब्राह्मणो त्वनधीयानस्तृणाग्निरिव शाम्यति ।
तस्मै हव्यं न दातव्यं न हि भस्मनि हूयते ॥१६८॥

brāhmaṇo tvanadhīyānastṛṇāgniriva śāmyati |
tasmai havyaṃ na dātavyaṃ na hi bhasmani hūyate ||168||

 

The unlearned Brāhmaṇa becomes quenched in the same manner as the fire of dry grass. The sacrificial offering should not be presented to him; as no libation is poured upon ashes. — (168)

 

Medhātithi’s commentary (manubhāṣya):

This is re-iterated in the present verse, in order to indicate that, just as the thief and the rest are ‘defilers of the company,’ so equally blameworthy is the unlearned Brāhmaṇa also.

Others offer the following explanation: — The present verse is intended to indicate the occasional admissibility, to the offerings for gods, of such blind and other disabled, but learned, Brāhmaṇas as happen, at some particular time, to be free from any reprehensible practice; the sense of the text being — ‘The unlearned Brāhmaṇa should be avoided, but why should not the offering be not presented to one who is learned?’ It is for this reason that the text mentions the ‘offering for gods’ So that what is meant is that, at the offering to gods, it is only the unlearned Brāhmaṇa that should be excluded, while those whose practices are reprehensible, and are on that account distinctly debarred by a direct prohibition, should be excluded from both the offering to gods and that to pitṛs, — and only from that to ancestors. Vaśiṣṭha has said: ‘If a person learned in the Veda happen to be stigmatised by such bodily defects as are regarded as defiling the company, such a person Yama declares to be unblameworthy; in fact, such a person is a sanctifier of the company.’

‘Becomes quenched in the same manner as the fire of dry grass;’ — The fire of dry grass cannot cook the sacrificial offerings, and it becomes quenched as soon as the offering is thrown into it, and also becomes extinguished; anything offered into it does not become burnt to ashes; and hence such an offering becomes futile; since it has been laid down that ‘one should not pour libations into fire that is not burning brightly, the fire embodies all deities;’ — exactly of the same nature as the fire of dry grass is the unlearned Brāhmaṇa. This is what the text means by the words ‘As no libations are poured on ashes;’ just as the fire of dry gross becomes turned into ash before (burning the offerings), and people do not pour libations into such fire, similarly, the unlearned Brahman is not fed. — (168)

 

Explanatory notes by Ganganath Jha:

Medhātithi is misrepresented by Buhler, who says that “according to Medhātithi the object of this verse is to admit virtuous and learned men, afflicted with bodily defects, as guests at rites in honour of the gods.” As a matter of fact, this explanation is adduced by Medhātithi as given by ‘others’; its meaning, given by himself being that ‘just as the thief and the rest are defilers of company, so equally blameworthy is the unlearned Brāhmaṇa also’, — exactly as Kullūka explains the verse.

This verse is quoted in Hemādri (Śrāddha, p. 465); — and in Śrāddhakriyākaumudī (p. 41).

 

Comparative notes by various authors:

Mahābhārata (13.90.46). — [Reproduces Manu, reading ‘śrāddham’ for ‘havyam.’]

Mahābhārata (13.90.46). — ‘Just as a butter-oblation that is poured in extinguished fire reaches neither the Gods nor the Pitṛs, so also what is given to the dancer or the singer.’

 

 

VERSE 3.169

Section VIII - Śrāddhas

 

अपाङ्क्तदाने यो दातुर्भवत्यूर्ध्वं फलौदयः ।
दैवे हविषि पित्र्ये वा तं प्रवक्ष्याम्यशेषतः ॥१६९॥

apāṅktadāne yo dāturbhavatyūrdhvaṃ phalaudayaḥ |
daive haviṣi pitrye vā taṃ pravakṣyāmyaśeṣataḥ ||169||

 

I am going to describe fully the results that afterwards accrue to the giver from giving, out of the offering to gods and to Pitṛs, to one who is unworthy of the line. — (169)

 

Medhātithi’s commentary (manubhāṣya):

The author states the result of the prohibitive injunction just put forward.

‘Paṅktya’ means ‘those who are worthy of the line; — those who are not so, are ‘apaṅktya;’ the ‘yat’ affix being added by virtue of the term ‘paṅkti’ occurring in the ‘daṇḍādi’ group.

The results that accrue, from giving to such persons, to the giver, — all that I am going to describe; do listen with attention. — (169)

 

Comparative notes by various authors:

(verses 3.169-170)

Mahābhārata (13.90, 11). — ‘O Yudhiṣṭhira, that offering to the gods which is eaten by the twice-born men ‘unfit for company’ goes to the Rākṣasas; so say the teachers of the Veda.’

 

 

VERSE 3.170

Section VIII - Śrāddhas

 

अव्रतैर्यद् द्विजैर्भुक्तं परिवेत्र्यादिभिस्तथा ।
अपाङ्क्तेयैर्यदन्यैश्च तद् वै रक्षांसि भुञ्जते ॥१७०॥

avratairyad dvijairbhuktaṃ parivetryādibhistathā |
apāṅkteyairyadanyaiśca tad vai rakṣāṃsi bhuñjate ||170||

 

Demons indeed consume the food that is eaten by Brāhmaṇas deviod of self-restraint, by such as those who have superseded their elder brother and the like, or by others that are unworthy of company. — (170)

 

Medhātithi’s commentary (manubhāṣya):

‘Devoid of self-restraint’ — uncontrolled; whose practices are not controlled by the scriptures.

‘Those who have superseded their elder brother,’ and the like, are, in fact, outside the pale of the scriptures; yet they have been mentioned here with a view to differentiate them from others, and also to indicate the gravity of their offence.

‘Others that are unworthy of company’ — such as the blind man, the man affected with elephantiasis, and so forth.

The food that is eaten by those people, at a Śrāddha, is consumed by ‘demons’ — the enemies of gods, — and not by one’s ancestors. That is to say, the Śrāddha becomes entirely useless.

The mention of ‘demons’ is a purely deprecatory exaggeration. — (1 7 0)

 

Explanatory notes by Ganganath Jha:

‘Avrataiḥ’ — ‘Devoid of self-restraint’ (Medhātithi); — ‘who have not fulfilled the vows of studentship’ (Govindarāja, Kullūka and Rāghavānanda); — ‘who do not observe the rules laid down for the Accomplished Student’.

This verse is quoted in Hemādri (Śrāddha, pp. 471 and 493).

 

Comparative notes by various authors:

(verses 3.169-170)

See Comparative notes for Verse 3.170.

 

 

VERSE 3.171

Section VIII - Śrāddhas

 

दाराग्निहोत्रसंयोगं कुरुते योऽग्रजे स्थिते ।
परिवेत्ता स विज्ञेयः परिवित्तिस्तु पूर्वजः ॥१७१॥

dārāgnihotrasaṃyogaṃ kurute yo'graje sthite |
parivettā sa vijñeyaḥ parivittistu pūrvajaḥ ||171||

 

He who unites himself with “wife” and “Agnihotra,” while his elder remains, is to be regarded as the “superseder of his elder;” and the elder is to be regarded as “one who is superseded.”’ — (171)

 

Medhātithi’s commentary (manubhāṣya):

‘Agraja,’ ‘elder brother’ — is the uterine brother born before one. Thus has it been asserted — ‘There is no harm in the superseding of the uncle’s sons, the step-mother’s sons and the sons of other’s wives, by marriage and the setting up of fire;’ hence, in the present context, the term ‘elder brother’ stands for the uterine brother. While he ‘remains’ — i.e., without marriage and without having set up the fire; the root ‘stkā’ (in the term ‘sthitê’) has been used in the sense of the absence of the act mentioned.

The term ‘agnihotra,’ though the name of the act of sacrifice, stands for the setting up of fire for purposes of that act.

In another smṛti, we find an exception — ‘the lunatic, the sinner, the leper, the outcast, the eunuch and the consumptive need not be waited for.’ What is mentioned here is meant to be indicative of the condition in the form of the elder brother being in any way not entitled (to marry and set up the fire). Hence the ‘defiler of company’ is also included.

A special period has also been specified during which one is to wait for his elder brother to marry and set up the fire — ‘one should wait for eight years,’ — ‘some say for six years’ (Gautama, 18.19). This period is to be reckoned from the time when the younger brother has reached the age of marriage; and the age of marriage is the time when one has duly fulfilled the injunction of Vedic Study.

“As a matter of fact, the period of time stated in the passage quoted refers to the man who has gone out travelling. The passage quoted above begins with the word ‘the elder brother being,’ which refers to the time during which the elder brother is out on travel. [So that it can have no bearing upon supersession by marriage].”

True; but the term ‘who has gone out on travel’ is distinctly found to be connected with one sentence [this sentence being ‘pravrajite nivṛttiḥ prasaṅgāt, Gautama, 18.16]; so that, for connecting the same word with another sentence [‘bhrātari chaivam jyāyasi yavīyān, 18.18], some special reasons should be stated. There is, however, no such reason; as there is in the case of such words as ‘there is connection between this and the term svarita;’ no such words, however, are found in the case of the sentences in question; nor is one sentence incomplete without the connection of the word in question.

Vaśiṣṭha has used the generic term ‘fire and has, therefore, meant the ‘Smārta’ Fire.

Some people have held this definition of ‘superseder’ to apply also to one whose father has not set up the Fire; the term ‘agraja,’ ‘elder,’ meaning simply ‘one born before one;’ so that the Father also is one’s ‘elder.’

In this manner, what is said here would apply to other ‘older’ persons also; as a matter of fact, however, the terms ‘younger’ and ‘elder’ are never used between father and son.

In another Smṛti we find — ‘the elder brother being, etc., etc.’ (Gautama, 18.18. where the Brother is specifically mentioned).

The elder brother is called the ‘superseded’ — (171)

 

Explanatory notes by Ganganath Jha:

Medhātithi — (P. 259, l.5) — ‘Bhrātarītyādi paṭhitam’, — i.e., in Gautama ‘Pravrajite nivṛttiḥ prasaṅgāt’ (18.16)... ‘Bhrātari chaivam jyāyasi yavīyān kanyāgnyupayameṣu’ (18.18); — the latter Sūtra is referred to again in 1.11.

This verse is quoted in Mitākṣarā (on 1.223) in the sense that — ‘the younger brother, who takes a wife or sets up the Fire, before his elder brother has done so, is called Parivettā, and the elder brother is called Parivitti.’

Aparārka deals with this subject in detail, under this same text of Yājñavalkya.

Madanapārijāta (p. 170) quotes this verse and explains that the ‘elder brother’ meant here is the uterine brother, not the step-brother.

It is quoted in Vīramitrodaya (Saṃskāra, p. 760), which also explains that the ‘elder brother’ meant is the uterine brother, as is clearly declared in a text quoted from Garga. It quotes another verse from ‘Manu’, which is not found in our texts: —

agraje brahmacaryasthe yo'nujo dārasaṅgraham |
kurute parivettā sa paricitto'grejo bhavet ||

It has a curious note regarding the exact signification of the term ‘ṣodarya’ (generally understood to mean uterine): It says — ‘sodaryatva’ is of three kinds — (1) due to the father being the same; (2) due to the mother being the same, and (3) due to both being the same; the idea that ‘sodaryatva’ is based upon the sameness of the Father is derived from the Garbhopaniṣad text that ‘at first the fetus is born in the male’, as also from the Mahābhārata text — ‘Having stayed in the father’s stomach, he entered the Mother through his semen’; and again in the same work, Kacha is representented as saying to Devayānī that she was his ‘sister’ because she had lived in the same father’s stomach as he himself had done.

The verse is quoted in Parāśaramādhava (Ācara, p. 690), where also ‘elder brother’ is explained as the uterine brother; — also in Vidhānapārijāta (p. 723), where the construction of the phrase ‘agraje sthite’ is explained as ‘agraje anūḍhe akṛtāgnihotre ca sthite’. The untraced verse from ‘Manu’ quoted in Vīramitrodaya is quoted here also.

This verse is quoted in Nirṇayasindhu (p. 233) as forbidding the setting up of the Fire by the younger brother if it has been already set up by his elder; — and in Aparārka (p. 445, and again on p. 1050) as defining the Parivitti; — in Hemādri (Kāla, p. 811), which notes that this refers to uterine brothers only, and that also not in cases where the elder brother is either an outcaste, or insane, or sexless, or blind, or deaf, or dumb, or idiot, or dwarf, or leper, or suffering from leucoderma, or consumptive, or suffering from dropsy, or from some incurable disease, or heretic, or renunciate, or gone away for a long time; — in Hemādri (Śrāddha, p. 371); — and in Saṃskāraratnamālā (p. 514).

 

Comparative notes by various authors:

Gobhila-Smṛti (1.70). — ‘He who takes a wife or performs fire-laying before his elder brother should be regarded as the Superseder of the Elder, and the elder brother is to be regarded as the Superseded.’

Laghu-Śātātapa (40). — [Reproduces the words of Manu.]

Garga (Parāśaramādhava, p. 690). — ‘While the uterine elder brother remains unmarried, if one takes a wife or lays the fire, he becomes an outcast.’

Śātātapa (Do.). — ‘The sin of supersession is not involved if one marries before such brothers as are the sons of uncles or of step-mothers, or of other women.’

Yama (Parāśaramādhava, p. 690). — (Do.)

 

 

VERSE 3.172

Section VIII - Śrāddhas

 

परिवित्तिः परिवेत्ता यया च परिविद्यते ।
सर्वे ते नरकं यान्ति दातृयाजकपञ्चमाः ॥१७२॥

parivittiḥ parivettā yayā ca parividyate |
sarve te narakaṃ yānti dātṛyājakapañcamāḥ ||172||

 

The superseded elder brother, the superseding younger brother, and she through whom the superseding is done, — all these go to hell, along with the giver and the officiating priest as the fifth. — (172)

 

Medhātithi’s commentary (manubhāṣya):

While he is dealing with the subject of ‘supersession,’ the author proceeds to state its prohibition by showing the evil that befalls all persons connected with it.

He who is passed over, insulted, by the marriage is the ‘superseded elder brother;’ and he who does the passing over of the elder brother is ‘the superseding younger brother;’ — that girl through whom the superseding is done; — ‘all these go to hell.’

The ‘giver’ and the officiating priest form the fifth of those that go to hell. The ‘giver’ meant here must be that of the girl, her father and other guardians; that such is the meaning is clear from the context.

The ‘officiating priest’ is one who performs the Homa in marriage, or he who guides the ceremony. Or, it may mean ‘one who officiates as priest at the performance of the Jyotiṣṭoma and other sacrifices by the aforesaid four persons — the superseded elder brother, the superseding younger brother, the girl that is married, and he who gives her away.’

For this reason, the elder brother should act in such a manner that he does not form an obstacle in the marriage of his younger brother; and the younger brother also should wait for twelve, eight or six years; and the girl also should not allow herself to be given away to such a person;

The compound ‘dātṛyājakapañcamāḥ’ is to be expounded as a Bahuvrīhi, containing Dvandva: a ‘Dātṛyājakau (Dvandva) pañcamau yeṣām’ (Bahuvrīhi). — (172)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta (p. 723) without comment; — also in Vīramitrodaya (Saṃskāra, p. 760); — and in Saṃskāraratnamālā (p. 514) which adds the following notes — That girl also goes to hell, by marrying whom the younger brother ‘supersedes’ the elder; ‘dātṛyājakapañcamāḥ’, i.e. (1) the bridegroom, (2) the bride, (3) the superseded elder brother, (4) the giver away of the bride, (5) and the priests officiating at the ceremony.

 

Comparative notes by various authors:

Laghu-Śātātapa (40). — [Reproduces the words of Manu.]

Gobhila-Smṛti (1.71). — ‘The Superseder and the Superseded both assuredly go to hell; if they have performed the expiatory rite, even so they participate in the effects reduced only by a quarter.’

Baudhāyana (2.1.39). — [Same as Manu, except that for ‘Yāyā ca parividyate’ the reading is Yā chainam parivindati.’

Mahābhārata (12.165-68). — (The first line is the same as Manu.) — ‘He who marries illegally — all these are outcasts.’

 

 

VERSE 3.173

Section VIII - Śrāddhas

 

भ्रातुर्मृतस्य भार्यायां योऽनुरज्येत कामतः ।
धर्मेणापि नियुक्तायां स ज्ञेयो दिधिषूपतिः ॥१७३॥

bhrāturmṛtasya bhāryāyāṃ yo'nurajyeta kāmataḥ |
dharmeṇāpi niyuktāyāṃ sa jñeyo didhiṣūpatiḥ ||173||

 

He who would lasciviously make love to the wife of his dead brother, even though she may have been appointed according to law (to bear a child by him), should be known as the “didhiṣūpati.” — (173)

 

Medhātithi’s commentary (manubhāṣya):

He who, acting in accordance with the law of ‘Niyoga,’ should happen to make love to — take delight in intercourse with — the wife of his dead brother; — ‘lasciviously’ — i.e., in transgression of the exact form of ‘Niyoga,’ — i.e., renouncing the injunction that ‘one should have intercourse with his brother’s wife only once during her periods,’ — if he should have recourse, at will, to such advances as cousist in firm embrace, kissing, and so forth, — or if he should have intercourse with her more than once, — or even allow his mind to be inclined that way, — then, such a person, impressed with the mark of passion by such signs, as casting longing glances upon the woman, and so forth, is to be known as the ‘didhiṣūpati.’

The exact definition of the ‘agredidhiṣūpati’ is to be learnt from another Smṛti, which says — ‘when the brother is alive, the man is to be known as the agredidhiṣūpati.’

Some people have held that the present verse does not form part of the text at all; and as a reason for this, they urge the fact of its being incomplete. It being necessary to provide definitions of both (the didhiṣūpati and the agredidhiṣūpati), it is not possible for authors who know their business to provide the definition of only one of them; specially, as another Smṛti has provided the definitions of both: — (a) ‘the wise men regard him as didhiṣūpati, who is the husband of a woman who has had a previous husband; and (b) that Brāhmaṇa is to be regarded as the agredidhiṣūpati of whom that woman was the wife;’ — and

these definitions are not applicable to the present context (which might have justified the omission by our author); as (the husband of a woman who has had a previous husband’ has been excluded already before (in verse 160). Hence the ‘didhiṣūpati’ must be different from the one defined as such in the passage just quoted (from another Smṛti). — (173)

 

Explanatory notes by Ganganath Jha:

It is interesting to note that Medhātithi states that “some people have held that the present verse does not form part of the text at all.” (Trans, p. 194).

This verse is quoted in Aparārka (p. 452) as providing a definition of ‘didhiṣūpati’ as distinct from that provided by Devala, according to whom he is the husband of the girl whose younger sister is married before her; — and it adds that the implication of the definition itself is that such a person is to be excluded.

 

Comparative notes by various authors:

Vyāghrī Smṛti (quoted in the Gautama-sūtravṛtti). — ‘One who is the husband of a woman who has had a previous husband, — the wise called Didhiṣūpati.’

Prajāpati (quoted in do.). — [Reproduces Manu.]

 

 

VERSE 3.174

Section VIII - Śrāddhas

 

परदारेषु जायेते द्वौ सुतौ कुण्डगोलकौ ।
पत्यौ जीवति कुण्डः स्यान् मृते भर्तरि गोलकः ॥१७४॥

paradāreṣu jāyete dvau sutau kuṇḍagolakau |
patyau jīvati kuṇḍaḥ syān mṛte bhartari golakaḥ ||174||

 

By the wives of other men two kinds of sons are born: the “Kuṇḍa” and the “Golaka;” he who is born while the husband is alive is the “Kuṇḍa,” and one born after the death of the husband is the “Golaka.” — (174)

 

Medhātithi’s commentary (manubhāṣya):

While the husband is alive, if a son is born to his wife living in his house, from a paramour tolerated by the forgiving nature of the husband, — this son born of a stranger is called ‘Kuṇḍa.’

That born after the husband has died, is ‘Golaka.’

Some people have held that these names are given to sons born to the woman not ‘appointed’ by her husband (to bear children).

This, however, is not right; as in that case their exclusion would be secured by the more fact of their being non-Brāhmaṇas. Hence we conclude that the ‘Kuṇḍa’ and the ‘Golaka’ are sons born to the woman ‘appointed’ by her husband.

“But how is it that the eons born to the unappointed woman are non-Brāhmaṇas, while those born to the appointed woman are Brāhmaṇas?”

This follows from the fact that, in the definition of castes, the term ‘wife’ is mentioned: ‘In the case of all castes, one born of the wife of the same caste, etc., etc.’ (10.5). This term ‘wife,’ like the term ‘husband,’ is a relative one; the term ‘wife,’ ‘patnī,’ again, has been explained (etymologically) as associated with one at sacrificial performances; and no man is entitled to perform.sacrifices in association with another man’s wife.

“If that be so, then no Brāhmaṇa-hood should belong to the sons born to the appointed woman, in whose case also the same reason is applicable.”

This question we shall determine under Discourse 10 (verse 5).

Or, both — the sons of the appointed as well as those of the unappointed woman — may be regarded as ‘non-Brāhmaṇas;’ but the difficulty is that, as has been already pointed out above, if these persons are not Brāhmaṇas, then, there being no possibility of these being admitted to dinners, any prohibition of them would be altogether uncalled for. Specially, as their exclusion would be secured by the exclusion of the ‘out-cast.’ Being an ‘out-cast’ consists in falling off from the duties of the Brāhmaṇa; and as eating at śrāddhas is a duty of the Brāhmaṇa, such feeding may- not be possible for the out-cast. And yet we find his exclusion asserted in verse 150 above, — (174)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.222) as providing the definition of the ‘Kuṇḍa’ and the ‘Golaka’, who have been declared by Yājñavalkya, (1.222) to be unfit to be invited at Śrāddhas; — in Aparārka (p. 445), which adds that this refers to the Kṣetraja son, the other being excluded on the ground of his being a non-Brāhmaṇa; — in Hemādri (Śrāddha, p. 362); — in Śrāddhakriyākaumudī (p. 39); — and in Prāyaścittaviveka, (p. 422.)

 

Comparative notes by various authors:

(verses 3.174-175)

Laghu-Śātātapa (105). — [Reproduces Manu, with slight variations.]

Mahābhārata (13.7.13). — [Do.].

 

 

VERSE 3.175

Section VIII - Śrāddhas

 

तौ तु जातौ परक्षेत्रे प्राणिनौ प्रेत्य चैह च ।
दत्तानि हव्यकव्यानि नाशयन्ति प्रदायिनाम् ॥१७५॥

tau tu jātau parakṣetre prāṇinau pretya caiha ca |
dattāni havyakavyāni nāśayanti pradāyinām ||175||

 

These creatures, born of other men’s wives, cause, for the giver, the destruction, in this life as well as after death, of their offerings to gods and pitṛs that have been presented to them. — (175)

 

Medhātithi’s commentary (manubhāṣya):

The plural number in ‘prāṇinaḥ,’ ‘creatures,’ is according to Pāṇini 1.2,58.

These people do not deserve the names of ‘Brāhmaṇa,’ and the rest; and they only deserve to be called ‘creatures;’ they are not worthy of any other name. For this reason, they ‘cause the destruction of the offerings to gods and Pitṛs;’ — i.e.,. they render them fruitless — ‘for the givers’ — those who give it to them.

The terms ‘parivettṛ’ (superseder) and the rest are not sufficiently well known in ordinary usage; nor are they capable of being etymologically analysed. Hence, the author has provided the definition of these. — (175)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 362).

 

Comparative notes by various authors:

(verses 3.174-175)

See Comparative notes for Verse 3.175.

 

 

VERSE 3.176

Section VIII - Śrāddhas

 

अपाङ्क्त्यो यावतः पङ्क्त्यान् भुञ्जानाननुपश्यति ।
तावतां न फलं तत्र दाता प्राप्नोति बालिशः ॥१७६॥

apāṅktyo yāvataḥ paṅktyān bhuñjānānanupaśyati |
tāvatāṃ na phalaṃ tatra dātā prāpnoti bāliśaḥ ||176||

 

If one who is unworthy of company happen to look upon a number of those that are worthy of company, while those are eating, then the foolish giver (of food) does not obtain the reward of feeding so many men. — (176).

 

Medhātithi’s commentary (manubhāṣya):

‘Pāṅktya’ are those that deserve the paṅkti, line. One is called ‘pāṅktya’ when one is deserving of sitting on the same seat as, and eating in the company of, good men. He who is not so deserving, is ‘a-pāṅktya.’

As many worthy people — learned men, ascetics and persons learned in the Veda — the unworthy man happens to look upon while the former are eating, — the reward of feeding so many men, — in the shape of the satisfaction of his ancestors — fails to be accomplished.

For this reason, when one is performing śrāddhas, one should send away from that place all thieves and others.

‘Foolish’ — ignorant. — (176)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 498.)

 

Comparative notes by various authors:

Mahābhārafa (13.137.17). — ‘The one-eyed person defiles sixty; the eunuch, a hundred; the man suffering from leucoderma, as much as he sees ; — in the line of invitees seated in a line.’

 

 

VERSE 3.177

Section VIII - Śrāddhas

 

वीक्ष्यान्धो नवतेः काणः षष्टेः श्वित्री शतस्य तु ।
पापरोगी सहस्रस्य दातुर्नाशयते फलम् ॥१७७॥

vīkṣyāndho navateḥ kāṇaḥ ṣaṣṭeḥ śvitrī śatasya tu |
pāparogī sahasrasya dāturnāśayate phalam ||177||

 

The blind man, by looking, destroys the feeder’s reward for feeding ninety men, the one-eyed man of sixty, the leper of one hundred, and the man afflicted with a foul disease of a thousand. — (177)

 

Medhātithi’s commentary (manubhāṣya):

“How can there be any looking by the blind man; — by virtue of which the text says ‘the blind man by looking, etc.’?”

True; what is meant is only his proximity to the place. The meaning is that, in an uncovered place, the blind man should be removed away from such distance from which the man with eyes could see.

‘The one-eyed man of sixty;’ — this does not mean that if the number is more than these, they may be fed (even in the presence of the blind, etc.). All that the reducing of the number means is that the delinquency would be less serious, and hence the expiatory rite to be performed would be on a smaller scale.

It is the leper that is called ‘śvitrī.’

‘The man suffering from a foul disease’ — is well known, — (177)

 

Explanatory notes by Ganganath Jha:

“Regarding the diseases which are punishments for sins committed in a former life, see below, 11.49 et. seq.” — Buhler.

This verse is quoted in Aparārka (p. 454), which adds that what is meant is that ‘if a blind man remains in a place from where a man with eyes could see the Brāhmaṇas eating, — then he destroys the merit that would result from the feeding of ninety men’; — and in Hemādri (Śrāddha, p. 499).

 

 

VERSE 3.178

Section VIII - Śrāddhas

 

यावतः संस्पृशेदङ्गैर्ब्राह्मणान् शूद्रयाजकः ।
तावतां न भवेद् दातुः फलं दानस्य पौर्तिकम् ॥१७८॥

yāvataḥ saṃspṛśedaṅgairbrāhmaṇān śūdrayājakaḥ |
tāvatāṃ na bhaved dātuḥ phalaṃ dānasya paurtikam ||178||

 

As many Brāhmaṇas the officiator at the sacrifices performed by Śūdras may happen to touch with his limbs, — the reward relating to charity in connection with the gift to so many Brāhmaṇas fails to accrue to the giver. — (178)

 

Medhātithi’s commentary (manubhāṣya):

As many Brāhmaṇas he may happen to touch with his limbs, — when he happens to enter the same line with them; — here also the actual touching of the body is not meant; mere presence at the place is meant.

‘Reward relating to charity’ — i.e., the rewards that follow from gifts made outside the ‘sacrificial altar. — (178)

 

Explanatory notes by Ganganath Jha:

‘Paurtikam’ — ‘Rewards that follow from gifts made outside the sacrificial altar’ (Medhātithi and Govindarāja); — ‘the gift of food at a Śrāddha’ (Kullūka and Rāghavānanda).

This verse is quoted in Aparārka, (p. 454); — and in Hemādri (Śrāddha, p. 498).

 

Comparative notes by various authors:

Viṣṇu (82.14). — ‘Those who sacrifice for the Śūdra (should be avoided).’

Bṛhad-Yama-Smṛti (35, 37, 38). — ‘The ill-visaged, the eunuch, the heretic, the decrier of the Veda, the sophist, the sacrificer for the Śūdra, and those who sacrifice for improper persons, — these should be avoided with great care at the Śrāddha.’

 

 

VERSE 3.179

Section VIII - Śrāddhas

 

वेदविद्चापि विप्रोऽस्य लोभात् कृत्वा प्रतिग्रहम् ।
विनाशं व्रजति क्षिप्रमामपात्रमिवाम्भसि ॥१७९॥

vedavidcāpi vipro'sya lobhāt kṛtvā pratigraham |
vināśaṃ vrajati kṣipramāmapātramivāmbhasi ||179||

 

If a Brāhmaṇa, though learned in the Veda, should, through covetousness, accept a gift from him, — he quickly perishes; just like the unbaked vessel in water. — (170)

 

Medhātithi’s commentary (manubhāṣya):

In connection with the present subject, the author points out the impropriety of receiving gifts from one who officiates at sacrifices performed by Śūdras.

‘Though learned in the Veda;’ — if he accepts the gift of something belonging to one who officiates at sacrifices performed by Śūdras,

‘Through covetousness’ — is a mere reiterative reference.

He also perishes quickly — i.e., he is deprived of what he desires, — in the shape of wealth, children, cattle, body, and the like.

When such is the fate of one learned in the Veda — what is to be said of one who is ignorant of the Veda?

The author will point out later on that there is not much harm in the learned man’s receiving gifts.

‘Āma’ — unbaked — ‘pātra’ — vessels, such as saucer, and the like.

‘In water’ — i.e., when thrown into water. — (179)

 

Comparative notes by various authors:

Atri-Smṛti (2, 5). — ‘One shall not be addicted to sinful acts, on the strength of the Veda; for an intentional sin is not destroyed by the Veda.’

Atri-Saṃhitā (145). — ‘By accepting gifts they perish, as fire perishes by water.’

 

 

VERSE 3.180

Section VIII - Śrāddhas

 

सोमविक्रयिणे विष्ठा भिषजे पूयशोणितम् ।
नष्टं देवलके दत्तमप्रतिष्ठं तु वार्धुषौ ॥१८०॥

somavikrayiṇe viṣṭhā bhiṣaje pūyaśoṇitam |
naṣṭaṃ devalake dattamapratiṣṭhaṃ tu vārdhuṣau ||180||

 

What is given to the Soma-seller becomes ordure; to the physician, pus and blood; that to the temple-attendant becomes lost; and that to the usurer has no place. — (180)

 

Medhātithi’s commentary (manubhāṣya):

The sense is that the man becomes born in that species of creatures where ordure is eaten.

Similarly, with the physician.

‘Becomes lost’ — i.e., fruitless; or source of anxiety; anything that is ‘lost’ becomes a source of anxiety.

That which has no place, no existence at all, is called ‘apratiṣṭham.’

Various forms of expression have been used here to show the fruitlessness of the gift and also the evils attaching to the giver. The terms ‘lost’ and ‘without place’ should not be regarded as synonymous, as there is a distinct difference in their effects. — (180)

 

Explanatory notes by Ganganath Jha:

What is meant is that ‘the man will be born as an animal feeding upon the things specified’ (according to Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — that ‘the food will be rejected by the Pitṛs and Gods, as impure’ (according to Nārāyaṇa).

‘Apratiṣṭham’ — ‘Has no place’ (Medātithi, Govindarāja, Kullūka and Rāghvānanda); — ‘secures no fame to the giver’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 454).

 

Comparative notes by various authors:

Mahābhārata (13.90, 13, 14). — ‘What is given to the Soma-seller and to the physician becomes pus and blood; what is given to the temple-servant perishes; it is neither here nor there.’

 

 

VERSE 3.181

Section VIII - Śrāddhas

 

यत् तु वाणिजके दत्तं नैह नामुत्र तद् भवेत् ।
भस्मनीव हुतं द्रव्यं तथा पौनर्भवे द्विजे ॥१८१॥

yat tu vāṇijake dattaṃ naiha nāmutra tad bhavet |
bhasmanīva hutaṃ dravyaṃ tathā paunarbhave dvije ||181||

 

That which is given to the trader is neither here nor there. Similarly, what is given to the Brāhmaṇa born of a remarried woman is like a libation poured on ashes. — (181)

 

Medhātithi’s commentary (manubhāṣya):

This also is to be explained as the preceding verse.

It is the feeding of the Trader that is prohibited, not his proximity to the place; because there is no ground for taking the words of the present verse as conveying this latter sense, as there was in the case of a previous verse (177), where the term, ‘by looking,’ was taken as indirectly indicating ‘visible place,’ and hence prohibiting the man’s proximity to the place.

The man ‘born of the a remarried woman’ shall be described later on, under discourse 9 (verse 175) — (181)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 454).

 

Comparative notes by various authors:

Mahābhārata (13. 90, 14). — [Reproduces Manu.]

 

 

VERSE 3.182

Section VIII - Śrāddhas

 

इतरेषु त्वपाङ्क्त्येषु यथोद्दिष्टेष्वसाधुषु ।
मेदोऽसृङ्मांसमज्जाऽस्थि वदन्त्यन्नं मनीषिणः ॥१८२॥

itareṣu tvapāṅktyeṣu yathoddiṣṭeṣvasādhuṣu |
medo'sṛṅmāṃsamajjā'sthi vadantyannaṃ manīṣiṇaḥ ||182||

 

The wise ones declare that food given to the other unfit persons unworthy of company, described above, becomes fat, blood, flesh, marrow and bone. — (182)

 

Medhātithi’s commentary (manubhāṣya):

A few unfit persons, — such as the blind, and the rest — have been specifically mentioned in the foregoing verses, describing the evil results of giving food to those unworthy of company; apart from these, there are others, the ‘thief,’ and the rest, mentioned in the several contexts; when these are fed, the following things accrue to the giver: viz., fat, blood, flesh, &c. That is, he becomes born as creatures who feed on these things; i.e., such creatures us insects and such carnivorous animals as vultures, and the like.

“The wise” — those learned in the Veda say this.

The upshot of the whole is as follows: — If one feeds such persons as are unworthy of company, the duty of performing the Śrāddha is not accomplished; and its nonperformance leads inevitably to the sin of disobeying an injunction; — specially, as the injunction of Śrāddha is absolutely obligatory. — (182)

 

Explanatory notes by Ganganath Jha:

Cf. 4.220-221.

This verse is quoted in Aparārka (p. 454).

 

Comparative notes by various authors:

Mahābhārata (13. 90, 239). — ‘Those unfit for the line should be avoided: those fit for the line alone should be invited; if one feeds the sinful man, he goes to hell.’

 

 

VERSE 3.183 [The Sanctifiers of Company]

Section IX - The Sanctifiers of Company

 

अपाङ्क्त्योपहता पङ्क्तिः पाव्यते यैर्द्विजोत्तमैः ।
तान्निबोधत कार्त्स्न्येन द्विजाग्र्यान् पङ्क्तिपावनान् ॥१८३॥

apāṅktyopahatā paṅktiḥ pāvyate yairdvijottamaiḥ |
tānnibodhata kārtsnyena dvijāgryān paṅktipāvanān ||183||

 

Now listen to the full description of those chief of twice-born men, the sanctifiers of company, by which best of the twice-born a company defiled by men unworthy of company becomes purified. — (183)

 

Medhātithi’s commentary (manubhāṣya):

‘By men unworthy of company’ — as described above — ‘defiled’ — rendered defective, — ‘company’ — assembly — by which Brāhmaṇas ‘become purified’ — rendered free from defilement, — to those ‘listen’ — as described in the coming verses; — ‘full’ — the description that is being given by me fully.

The remaining words are purely laudatory reiterations. What is meant is that the ‘sanctifier of company,’ by reason of the excellence of his qualities, removes the defects of other persons also by dining with them; just as the impure man, dining with others, makes even faultless men defective.

This verse does not sanction the feeding of men unworthy of company. All that it means is, that one should always seek for the ‘sanctifier of company;’ and that if one such person has been found, one might feed, — even though it he futile to do so, — those who have not been carefully examined to three degrees of ancestors, if they are not found to be marked by any perceptible disqualifications. It is with this end in view that the author provides the description of the ‘sanctifier of company.’ — (183)

 

Comparative notes by various authors:

Mahābhārata (13. 90, 24). — ‘O chief of the Bharatas, these should be regarded as sanctifiers of company; these I am going to describe with reasons for the same; do please examine such Brāhmaṇas.’

Mahābhārata (37). — ‘These sanctify the company so far as they see them; that is why they are called the sanctifiers of company.’

 

 

VERSE 3.184

Section IX - The Sanctifiers of Company

 

अग्र्याः सर्वेषु वेदेषु सर्वप्रवचनेषु च ।
श्रोत्रियान्वयजाश्चैव विज्ञेयाः पङ्क्तिपावनाः ॥१८४॥

agryāḥ sarveṣu vedeṣu sarvapravacaneṣu ca |
śrotriyānvayajāścaiva vijñeyāḥ paṅktipāvanāḥ ||184||

 

Those persons should be known as “sanctifiers of company” who are foremost in all the vedas and in all the explanatory sciences, and who are born in the family of men learned in the veda. — (184)

 

Medhātithi’s commentary (manubhāṣya):

‘Foremost’ — most excellent; who have carefully made the Vedas their own by having all doubts regarding them set aside.

‘Foremost also in all the explanatory sciences’ — i.e., the subsidiary sciences which serve to explain what is contained in the Veda. That is, those persons, who have learnt, and are learning, the Veda along with the six subsidiary sciences.

‘Those who are born in the family of men learned in the Veda’ — i.e., those whose father and grandfather, etc., are also equally learned in the Veda and the subsidiary sciences.

“It is persons such as these that have been mentioned as fit for being fed; what further excellence is here mentioned, by virtue of which these men are described as ‘sanctifiers of company?’”

It has been laid down above that food should be given to one possessed of even slight knowledge, only if he happens to be learned in the Veda. In the present instance, however, mere learning is not mentioned as the only condition of being a ‘Sanctifier of Company.’ In fact, this latter character of being a ‘Sanctifier of Company’ is dependent upon the presence of special qualifications; and hence it cannot be right to accept it in cases of lower qualifications. Thus the present verse is meant to sanction the giving of food to one who is simply learning the Veda, in the absence of fully learned persons. So that, in the absence of the fully learned man, the giving of food to one who is learning the Veda is the first course to be adopted, and not merely a secondary one.

The plural number is used, in view of the individual men.

The particle ‘ca’ has the cumulative sense. — (184)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 557), which adds the following explanations: — ‘Sarvavedeṣu’ means ‘of all the Vedas, — or even of a single Veda’; — ‘agryāḥ’ — ‘foremost among the teachers’; — ‘Sarvopravacaneṣu’ — ‘in the expounding of the meaning of the Veda’; — ‘Śrotriyānvayajāḥ, — ‘born in the family of men devoted to the study of the Veda’; — and in Nṛsiṃhaprasāda (Śrāddha, p. 8a).

 

Comparative notes by various authors:

(verses 3.184-186)

Mahābhārata (13.90, 26, 27, 37). — ‘The Triṇāciketa, the tender of the five fires, the Trisuparṇa, the man versed in the six subsidiary sciences, the man born of the Brāhma form of marriage, the Chandoga, the singer of the Jyeṣṭha-Sāma; those foremost in all the Vedas and in all the expositions.’

Gautama (15.9, 28). — ‘Vedic scholars, endowed with beauty, age and character; the knower of the six subsidiary sciences, the singer of the Jyeṣṭha-sāma, the Triṇāciketa, the Trimadhu, the Trisuparṇa, the tender of the five fires, the Accomplished Student, one versed in Mantras and Brāhmaṇas, one who is conversant with Dharma, one born of the Brāhma form of marriage: — these are the sanctifiers of company.’

Āpastamba Dharmasūtra (2, 17, 22). — ‘The Trimadhu, the Trisuparṇa, the Triṇāciketa, the Chaturmadhu, the tender of the five fires, the singer of the Jyeṣṭha-sāma, the reader of the Veda, the son of a Vedic expounder, the Vedic scholar; — these are the sanctifiers of company.’

Viṣṇu (8.3.2, 5, 11). — ‘The Triṇāciketa, the singer of the Jyeṣṭha-sāma, the son born of the Brāhma form of marriage, the Trisuparṇa; one who has read through the Veda, one purified by austerities; specially the Yogins.’

Yājñavalkya (1, 219.221). — ‘Those foremost in all the Vedas, the Vedic Scholar, the youthful Knower of Brahman, one who knows the meaning of the Veda, the singer of the Jyeṣṭhasāman, the Trimadhu, the Trīṣuparṇa; those firm in their duties, those firm in austerities, the tender of the five fires, Religious Students, those devoted to their father and mother; such Brāhmaṇas constitute the glory of the Śrāddha.’

Baudhāyana (2, 8). — ‘The Trimadhu, the Triṇāciketa, the Trisuparṇa, the tender of the five fires, one who knows the six subsidiary sciences, the Śīrṣaka, one who sings the Jyeṣṭhasāman, the Accomplished Student; these are the sanctifiers of company.’

Bṛhad-Yama (3, 43). — ‘One conversant with the Vedanta, one who sings the Jyeṣṭhasāman, one who is free from avarice, one who is devoted to the Veda; — such a Brāhmaṇa should be employed at the rites in honour of Gods and Pitṛs.’

 

 

VERSE 3.185

Section IX - The Sanctifiers of Company

 

त्रिणाचिकेतः पञ्चाग्निस्त्रिसुपर्णः षडङ्गवित् ।
ब्रह्मदेयात्मसन्तानो ज्येष्ठसामग एव च ॥१८५॥

triṇāciketaḥ pañcāgnistrisuparṇaḥ ṣaḍaṅgavit |
brahmadeyātmasantāno jyeṣṭhasāmaga eva ca ||185||

 

One who has learnt the “Triṇāciketa,” one who knows the science of the five fires, one who has learnt the “Trisuparṇa,” one who knows the six-limbed science, one who is born of a woman married in the “Brahma (Brāhma)” form, one who sings the Jyeṣṭha-sāmas. — (185)

 

Medhātithi’s commentary (manubhāṣya):

‘Triṇāciketa’ is the name of a portion of the Yajurveda, beginning with the words ‘pītodakā jagdhatṛṇā; and the man is called ‘triṇāciketa’ by the circumstance of his having learnt that portion. Others, however, explain that there are certain observances prescribed for those who are learning the Tṛṇāciketa Mantras; and the person who has kept these observances is called ‘Triṇāciketa.’ Here also the term is applied to the man only figuratively.

It should not be thought that merely this (fact of having learnt a certain portion of the Veda) makes one a ‘Sanctifier of Company;’ what is meant is, that when the other qualifications of being learned in the Veda and the like are present, the circumstance here mentioned forms an additional qualification as indicating the character of being a ‘Sanctifier of Company.’

‘Five fires,’ ‘Pañcāgnividyā,’ is the name of a certain teaching occurring in the Chāndogya Upaniṣad (5.10.9), the reward whereof has been described in the words ‘stenohiraṇyasya, etc.’ The man is also so called by the circumstance of his having learnt the said teaching, as in the case of the previous word.

Others have explained the term ‘Pañcāgni’ as ‘one maintains the five fires,’ — i.e., the three sacrificial fires, the social fire and the domestic fire. Of these, the ‘social fire’ is that which is lighted in many countries with large quantities of fuel, for the purpose of relieving cold.

‘Trisuparṇa’ is the name of a mantra occurring in the Taittirīya Veda, and also in the Ṛgveda, beginning with the words ‘ye brāhmaṇās trisuparṇam paṭhanti; etc.’

The ‘six-limbed science’ is the Veda; one who has learnt this.

One who is born of a woman who has been married in the “Brāhma” form, — i.e., who has been given to a bridegroom brought home by invitation.

‘One who sings the Jyeṣṭha Sāmas;’ — The ‘Jyeṣṭhadohas’ are Sāman-mantras found in the Āraṇyaka; one who sings these is called ‘Jyeṣṭhasāmaga.’ Here also the man is so called by reason of his singing the Sāman and keeping the observances in relation to it. — (185)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 557), which supplies the following explanations: — ‘Triṇāciketaḥ’ — ‘one who studies that portion of the Yajurveda which is

called the Triṇāciketas, and who keeps the observances connected therewith’; — ‘Pañcāgniḥ’ — ‘one who maintains the five Fires — (1) Gārhopatya, (2) Dakṣiṇāgni, (3) Āhavanīya, (4) Sabhya and (5) Āvasatha’; — ‘Trisuparṇa’ — is the name of a portion of the Yajurveda (Medhātithi says it is a mantra found in the Taittirīya and the Ṛgveda); and he who knows that text and its meaning is also called by the same name; — ‘ṣaḍaṅgavit’ — ‘one who knows the texts.and meanings of the six subsidiary sciences, Śikṣā, Kalpa and the rest’; — ‘Brāhmadeyānusantānaḥ’ — ‘one who is born of a mother married in the Brāhma form’; — ‘Jyeṣṭhasāmagaḥ’ — ‘one who is constantly singing Sāma hymns,’ or ‘he who keeps the observance known as Jyeṣṭha-sāma, and knows the Sāma texts known under that name’.

‘Triṇāciketaḥ’ — see Āpastamba, 2.17.22.

‘Pañcāgniḥ’ — ‘Knowing the Pañcāgnividyā, taught in the Chāndogya Upaniṣad 4.10 et. seq.’ (Medhātithi and Nārāyaṇa); — ‘who keeps the five Fires’ (‘others’ in Medhātithi, Govindarāja, Kullūka and Rāghavānanda).

‘Trisuparṇa’. — ‘One who knows the text of Taittirīya Āraṇyaka 10.38-40’ (Medhātithi, Nārāyaṇa and Nandana); — ‘one who knows Ṛgveda 10.114.3-5’

 

Comparative notes by various authors:

(verses 3.184-186)

See Comparative notes for Verse 3.184.

 

 

VERSE 3.186

Section IX - The Sanctifiers of Company

 

वेदार्थवित् प्रवक्ता च ब्रह्मचारी सहस्रदः ।
शतायुश्चैव विज्ञेया ब्राह्मणाः पङ्क्तिपावनाः ॥१८६॥

vedārthavit pravaktā ca brahmacārī sahasradaḥ |
śatāyuścaiva vijñeyā brāhmaṇāḥ paṅktipāvanāḥ ||186||

 

He who understands the meaning of the Veda, he who expounds it, the Student, the giver of a thousand, the centenarian; — these Brāhmaṇas should be known as “Sanctifiers of Company.” — (186)

 

Medhātithi’s commentary (manubhāṣya):

‘He who understands the meaning of the Veda.’

“The knower of the ‘six-limbed science’ has already been mentioned.”

True; but the man meant here is one who himself, even without the help of the Subsidiary Sciences, finds out the meaning of the Veda, by his own intelligence. Or, the same person spoken of before may be taken as referred to again and again; the meaning being that in the absence of the knowledge of the meaning of the Veda, people are not deserving of being fed at Śrāddhas, even though they may have other qualifications.

‘One who expounds it’ — i.e., the meaning of the Veda.

‘The, Student.’

‘The giver of a thousand;’ — in the absence of mention of any particular thing, this should be taken to mean ‘one who has given away a thousand cows.’ But the right view appears to be that the term, ‘thousand,’ standing for much, the person meant is one who gives much, i.e., the extremely generous person; specially, as there is nothing definite to indicate that the number refers to cows. But the Veda having asserted that‘cows are the mothers of sacrifice,’ — where no particular thing is mentioned — cows should be understood to be meant.

‘The centenarian’ — i.e., one who is of advanced age; such a person, having all his impurities cleared off, acquires the sanctifying character. The ‘centenarian’ is one whose life extends over a hundred years; the number being taken, on the basis of usage, as referring to years. Or, the term ‘hundred’ may be taken as standing for many, so that the word means ‘long-lived,’ ‘of advanced age.’

Gautama (15.10-11) has declared that ‘gifts should first be made to young men; — others say it is like the Father;’ and people have taken the term ‘Student’ of the present verse as conveying this same idea; the student being the person of ‘early age.’ — (186)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 557), which explains ‘pravaktā’ as ‘the expounder of the meaning of the Veda’; — and ‘Sahasradaḥ’ as ‘one who gives a thousand cows’ (quoting Medhātithi as the propounder of this explanation), — and ‘śatāyuḥ’ as ‘one who has completed a full hundred years’.

‘Brahmacāri’ is explained by Nandana as ‘the chaste man’.

 

Comparative notes by various authors:

(verses 3.184-186)

See Comparative notes for Verse 3.184.

 

 

VERSE 3.187 [Method of Invitation]

Section X - Method of Invitation

 

पूर्वेद्युरपरेद्युर्वा श्राद्धकर्मण्युपस्थिते ।
निमन्त्रयेत त्र्य्ऽवरान् सम्यग् विप्रान् यथौदितान् ॥१८७॥

pūrvedyuraparedyurvā śrāddhakarmaṇyupasthite |
nimantrayeta try'varān samyag viprān yathauditān ||187||

 

When the śrāddha-performance has approaohed, one should invite, either on the preceding day or the next day, in the proper manner, at least three brāhmaṇas, such as have been described. — (187)

 

Medhātithi’s commentary (manubhāṣya):

It has been explained what sort of Brāhmaṇas should be fed; now the author proceeds to describe other details of procedure.

‘On the preceding day’ — on the day preceding the one on which the śrāddha is to be performed; i.e., if the performance falls on the Amāvāsyā or the Trayodaśī, then on Caturdaśī or Dvādaśī, respectively; — i.e., when one is going to perform the Śrāddha to-morrow, one should invite the Brāhmaṇas to-day.

‘On the next day’ — i.e., on the same day as the performance.

The option here laid down is in consideration of the rules: if one is able to follow the rules closely, then one should do the inviting on the previous day; but if one is unable to do so, then one may do it on the same day. There is no doubt, however, that a strict observance of the rules would bring great rewards.

When the invitation is made, the inviter is to be approached and urged with entreaties.

Those of whom three is the least number, — this is what is meant by ‘at least three.’ That is, the least number that should be fed is three; in the event of his being able to feed more, ‘he should feed an odd number, according to his enthusiasm,’ — as has already been prescribed above.

The rest of the words are meant only to fill up the verse.

‘Approached,’ — arrived.

‘Such as has been described,’ — i.e., mentioned above — (187)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Śrāddhakriyākaumudī (p. 83); — in Parāśaramādhava (Ācāra, p. 697) as laying down certain details regarding the inviting of Brāhmaṇas at Śrāddhas; — in Mitākṣarā (on 1.225), as justifying the option of inviting the Brāhmaṇas on ‘the day following’ (the ‘previous day’ i.e., on the day of the performance itself); — in Hemādri (Śrāddha, pp. 1133 and 1146), which adds the following notes — ‘Pūrvedyuḥ’, ‘on the previous day,’ i.e., on the Caturdaśī day if the Śrāddha is to be performed on Amāvasyā; — ‘aparedyuḥ’, ‘on the same day as the Śrāddha itself is performed.’ We have an option here; he who can observe the rules of the invitation for two days may do the inviting on the preceding day, others who are not able to do so should do it on the Śrāddha day; the former would be more meritorious as involving greater amount of self-denial; others hold that the invitation is to be made on the previous day, if the performer remembers the Śrāddha to be performed on the coming day; and if one does not remember it, then he may invite the Brāhmaṇas on the same day as the Śrāddha; others again hold that the invitation is to be made on the Śrāddha day only when, for some reason, it cannot be made on the preceding day; another view is that Householders are to be invited on the previous day and Renunciates and Students on the same day. It explains ‘tryavarān’ as ‘at least three,’ i.e., three, five or seven; and adds that ‘samyak’ qualifies ‘nimantrayet’.

 

Comparative notes by various authors:

Baudhāyana (2.8, 6). — ‘Either on the previous day, or early in the morning on the same day, he shall invite persons, whose number shall not be an even one and which shall be at least three, who are well-versed expounders of the Veda, who are not related to him either by birth or gotra or mantra, who are pure and equipped with mantras; and shall seat them on seats prepared of kuśa grass, facing either the east or the north.’

Āpastamba Dharmasūtra (2, 17, 11-15). — ‘The invitation shall be on the previous day; — on the next day, the second one; — and the third is the request; — some people teach that the Śrāddha should consist of about three as the first, so the second and the third.’

Vaśiṣṭha (11, 14). — ‘During the dark fortnight, after the fourth day, he shall make an offering to the Pitṛs: having got them together on the previous day, either Brāhmaṇas or renunciates or hermits, — such as are advanced in age, have not deviated from their duties, are learned in the Veda, are not the invitor’s own disciples or pupils; but he may feed even his disciples, if they are possessed of special qualifications.’

Viṣṇu (73.1). — ‘Going to perform the Śrāddha, he shall, on the previous day, invite the Brāhmaṇas.’

Yājñavalkya (1, 225). — ‘The man, himself pure and self-controlled, shall, on the previous day, invite the Brāhmaṇas.’

Hārīta (Parāśaramādhava, p. 696). — ‘Going to perform the Śrāddha the next day, he should invite the Brāhmaṇas on the previous day.’

Kūrmapurāṇa (Parāśaramādhava, p. 696). — ‘He shall approach the Brāhmaṇa saying — I shall perform Śrāddha to-morrow — on the previous day; if that be not possible, then on the same day.’

Devala (Do.). — ‘Having made up his mind that he shall perform Śrāddha on the coming day, he shall invite the Brāhmaṇas;... if that be not possible, then the next day.’

Varāhapurāṇa (Do., p. 697). — ‘Knowing that he would be performing Śrāddha on the next day, he shall clean the ground and invite the Brāhmaṇas.’

Brahmāṇḍapurāṇa (Do.). — ‘On the previous day, at night, he shall approach the Brāhmaṇas after they have taken their evening meal and invite them, on behalf of his father.’

 

 

VERSE 3.188

Section X - Method of Invitation

 

निमन्त्रितो द्विजः पित्र्ये नियतात्मा भवेत् सदा ।
न च छन्दांस्यधीयीत यस्य श्राद्धं च तद् भवेत् ॥१८८॥

nimantrito dvijaḥ pitrye niyatātmā bhavet sadā |
na ca chandāṃsyadhīyīta yasya śrāddhaṃ ca tad bhavet ||188||

 

The brāhmaṇa invited at a rite in honor of Pitṛs shall remain self-controlled and shall not recite the Veda; so also the man who performs the śrāddha. — (188)

 

Medhātithi’s commentary (manubhāṣya):

One invited ‘at a rite in honour of Pitṛs’ — i.e., a t a śrāddha — ‘shall remain self controlled;’ i.e., with his mind under control, he shall maintain continence and keep up also the other restraints and observances — such as the observances of the ‘Snātaka,’ and so forth. The avoidance of dancing, music, etc., which are the observances to be kept up by men, has been prescribed as part and parcel of religions rites; hence the performer of the śrāddha shall so arrange things that the invited Brāhamaṇa, from the moment he has been invited, shall keep control over his sense-organs; otherwise the śrāddha would become defective.

‘He shall not recite the Veda;’ — what is prohibited is the reciting of the texts of the Veda; the mere repeating of mantras during the evening and morning prayers is not prohibited.

‘Also the man who performs the Śrāddha’ — i.e., at the rite that one performs in honour of the Pitṛs, one should, like the invitee, remain self-controlled; the construction is — ‘So the man also...... shall remain self-controlled.’ The meaning is, that the rule regarding self-control and avoiding of Veda-reciting applies alike to the inviter and the invitee, from the moment of invitation onwards. — (188)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 456); — and in Hemādri (Śrāddha, p. 1014), which adds the following notes: — The Brāhmaṇa invited at Śrāddha should keep himself self-controlled, i.e., should keep himself free from sexual intercourse and also keep the other restrictions; Medhātithi

says that the obeservances laid down for the Accomplished Student, the avoidance of dancing and music, &c. are all meant to be kept; the meaning is that the inviter should see to it that the invited keeps these restrictions: — ‘Chandāṃsi’ Vedas; — ‘adhīyīta’, ‘utter the words of the Veda’; the Japa of texts is not prohibited: — the performer of the Śrāddha himself also is to observe these restrictions; the role is meant for both the inviter and the invited.

 

Comparative notes by various authors:

Gautama (15.23). — ‘Therefore on that day, he shall live like a religious student,’

Yājñavalkya (1.225). — ‘They shall remain under self-restraint, with mind, speech and acts duly controlled.’

Prajāpati (93). — ‘The Brāhmaṇa invited at the Śrāddha should avoid association with women on the previous day and on the next day; as also the second meal.’

Likhita (60). — ‘One who has eaten at the Śrāddha shall avoid eight things: the second meal, journeying, carrying loads, study, sexual intercourse, making and receiving gifts, and offering of oblations into fire.’

Devala (Aparārka, p. 457). — ‘Having been previously invited, if the Brāhmaṇa accept a gift, or if he eat at the Śrāddha after having taken his food, then all his merit becomes destroyed.’

 

 

VERSE 3.189

Section X - Method of Invitation

 

निमन्त्रितान् हि पितर उपतिष्ठन्ति तान् द्विजान् ।
वायुवत्चानुगच्छन्ति तथाऽसीनानुपासते ॥१८९॥

nimantritān hi pitara upatiṣṭhanti tān dvijān |
vāyuvatcānugacchanti tathā'sīnānupāsate ||189||

 

The Pitṛs attend upon those invited Brāhmaṇas; like the wind, they follow them and sit down when they are seated. — (189)

 

Medhātithi’s commentary (manubhāṣya):

The present verse supplies a recommendation in support of the injunction that the invited person should remain self-controlled.

Because ‘the Pitṛs,’ — in their invisible forms — ‘attend upon’ — enter into the body of — ‘the invited Brāhmaṇas;’ just in the same manner in which people are obsessed by evil spirits.

‘Like the wind they follow him;’ — when a man moves along, the ‘wind’ — in the form of his breath — follows him; and it does not leave him while he is moving; and the Pitṛs also are in the form of air.

‘So when they ’ — the Brāhmaṇas — ‘are seated,’ “they sit down;’ i.e., they move when the Brāhmaṇas move and sit down when they are seated. The meaning is that the invited Brāhmaṇas take the form of the Pitṛs; hence those invited shall not be unrestrained in their behaviour. — (189)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 1005), which adds that the Fathers ‘upatiṣṭhanti,’ enter the bodies of the invited Brāhmaṇas; i. e., the Brāhmaṇas represent the Fathers; for this reason they should keep pure.

 

 

VERSE 3.190

Section X - Method of Invitation

 

केतितस्तु यथान्यायं हव्ये कव्ये द्विजोत्तमः ।
कथं चिदप्यतिक्रामन् पापः सूकरतां व्रजेत् ॥१९०॥

ketitastu yathānyāyaṃ havye kavye dvijottamaḥ |
kathaṃ cidapyatikrāman pāpaḥ sūkaratāṃ vrajet ||190||

 

The rest of Brāhmaṇas, who, when duly invited at the rite in honour of Gods and Pitṛs, happens, somehow, to neglect it, incurs sin and becomes a hog.’ — (190)

 

Medhātithi’s commentary (manubhāṣya):

‘Ketitaḥ’ means invited.

‘Havye kavye’ — at the rite in honour of Gods, and at the rite in honour of the Pitṛs. Having accepted the invitation and promised to eat, — if ‘somehow he neglects it,’ — i.e., does not present himself at the time of eating, or, if he does not maintain continence, — then such a Brāhmaṇa ‘becomes a hog.’

‘Somehow’ — i.e., either intentionally, or through lapse of memory.

‘Duly’ — this has been added for the purpose of filling up the verse.

Others have held that the ‘neglect’ here stands for non-acceptance of the invitation; according to what has been said in the Śrāddhakalpa — ‘one should not fail to accept the invitation of a man free from all blame.’

This, however, is not right; it is through desire to eat that men become prone to go to śrāddhas; and if a man happens to have no such desire, and hence refuses the invitation, what sin could there be in this? — (190.)

 

Explanatory notes by Ganganath Jha:

‘Atikrāman’ — ‘Does not present himself at the time of eating, and does not maintain continence’ (Medhātithi, who is slightly misrepresented by Buhler, who attributes to him only the latter part of the explanation); — ‘breaks the appointment’ (Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda); — ‘who does not accept the invitation’ (‘others’ in Medhātithi, who rejects this explanation).

This verse is quoted in Parāśaramādhava (Ācāra, p. 701) in support of the view that the man ‘who having accepted the invitation, subsequently refuses it, even though quite fit to respond to it, incurs a sin.’ It explains ‘ketitaḥ’ as ‘being invited.’

Madanapārijāta (p. 565) quotes the verse; — also Aparārka, (p. 457), which adds that this refers to the person who has accepted the invitation; — and Hemādri (Śrāddha, p. 1002), which adds the following notes; — ‘Ketitaḥ,’ invited; — the meaning is that if, on an invitation, the invited fails to keep the restrictions, he becomes a pig; — ‘Kathañcit,’ intentionally or through forgetfulness; others hold that ‘atikrāman’ means ‘not accepting the invitation,’ but this view has been criticised and rejected by Medhātithi.

 

Comparative notes by various authors:

Yama (Parāśaramādhava, p. 701). — ‘Having been invited, if the Brāhmaṇa goes elsewhere to take his food, he goes to a hundred hells and is born among Cāṇḍālas.’

Ādipurāṇa (Do.). — ‘Being invited, the Brāhmaṇa should not be late; one who is late... falls into hell.’

 

 

VERSE 3.191

Section X - Method of Invitation

 

आमन्त्रितस्तु यः श्राद्धे वृषल्या सह मोदते ।
दातुर्यद् दुष्कृतं किं चित् तत् सर्वं प्रतिपद्यते ॥१९१॥

āmantritastu yaḥ śrāddhe vṛṣalyā saha modate |
dāturyad duṣkṛtaṃ kiṃ cit tat sarvaṃ pratipadyate ||191||

 

If the man invited at the śrāddha dallies with a woman, he takes upon himself all the sin that there may be in the giver. — (191)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘vṛṣalī’ here stands for woman in general; this is indicated by the fact that the invitee has been advised to observe strict continence (and not only avoidance of improper intercourse). Hence, in the present context, the Brāhmaṇa woman also is a ‘vṛṣalī;’ the term (in this sense) being etymologically explained as ‘she who tempts her husband’ (bhartāram vṛṣasyati). Tims, what the passage means is as follows: — Having accepted invitation, if the man dallies with a woman, — i.e., with a view to having sexual intercourse with her, engages in such nets as conversation, embracing, and so forth, — then he incurs the following evil: whatever sin there might be in the ‘giver,’ i.e., the performer of the Śrāddha — passes on to him. What this indicates is the coming about of undesirable results; if this were not what is meant, then it would mean that there is nothing wrong in doing this, in a case where the giver is a sinless person.

‘Dallying’ stands for obtaining pleasure; hence it follows that one should not do even such acts as conversation, embracing, and the like. — (191)

 

Explanatory notes by Ganganath Jha:

‘Vṛṣalī’ — ‘Woman in general’ (Medhātithi, Govindarāja, Nandana and Rāghavānanda); — ‘a Śūdra woman’ (Kullūka).

This verse is quoted in Parāśaramādhava (Ācāra, p. 702), where it apparently takes the term ‘vṛṣalī’ as standing for the Śūdra woman; — and in Hemādri (Śrāddha, p. 1006), which adds the following notes — ‘vṛṣalī’ stands here for woman in general, — the Brāhmaṇī also is a ‘vṛṣalī’ in the sense that she ‘hankers after the male’ (vṛṣasyati bhartāram); hence the meaning is that ‘if after having accepted the invitation, one enjoys the company of his wife he incurs sin,’ — ‘modate’ means enjoying, hence conversing and embracing also are to be avoided, — ‘dātuḥ,’ of the performer of the Śrāddha, — ‘duṣkṛtam’ sin, — becomes transferred to the said transgressor, i.e., some disagreeable results accrue to him. If the words were to be taken in the literal sense then there could be nothing wrong in eases where the inviter is a pure, sinless man.

 

Comparative notes by various authors:

Gautama (15.22). — ‘He who has just taken part in a Śrāddha, — if he takes to his bed a Śūdra woman, he throws his forefathers into her ordure for three months.’

 

 

VERSE 3.192

Section X - Method of Invitation

 

अक्रोधनाः शौचपराः सततं ब्रह्मचारिणः ।
न्यस्तशस्त्रा महाभागाः पितरः पूर्वदेवताः ॥१९२॥

akrodhanāḥ śaucaparāḥ satataṃ brahmacāriṇaḥ |
nyastaśastrā mahābhāgāḥ pitaraḥ pūrvadevatāḥ ||192||

 

The Pitṛs are the foremost gods, free from anger, ever intent on purity, chaste, rid of all means of offence, and supremely blessed. — (192)

 

Medhātithi’s commentary (manubhāṣya):

‘Free from anger’ — without wrath.

‘Intent on purity,’ — ‘purity’ standing either for external purity obtained by means of clay and water, or internal purity obtained by means of expiatory rites.

‘Ever’ — qualifies ‘purity.’ Hence the meaning is that, whenever one happens to spit or do any such unclean act, one should rinse one’s mouth immediately.

‘Chaste’ — avoiding all intercourse with women.

‘Rid of all means of offence — those by whom the means of offence have been laid aside. ‘Offence’ stands for roughness and strife of all kinds.

‘Supremely blessed;’ — ‘blessedness’ consists in the presence of such qualities as nobility, prosperity, and so forth.

Since it is in all this form that the Pitṛs enter into the body of the Brāhmaṇas, — therefore, the Brāhmaṇas also should assume these same forms; — this is what is enjoined by means of the commendatory description contained in the verse.

‘Foremost gods.’ — That in another time-cycle the ancestors were gods, is an eulogium bestowed on the ancestors. They are called ‘foremost’ because they are worshipped before the gods. — (192)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, pp. 61 and 1005), which adds the following notes ‘Akrodhanāḥ,’ free from anger, — ‘śaucaparāḥ’ is qualified by ‘satatam’, ‘always pure,’ — hence the invited should sip water immediatly on sneezing or spitting, — ‘brahmacāriṇaḥ,’ avoiding intercourse with women, — ‘nyastaśastrāḥ’, who have renounced cruelty, — ‘mahābhāgāḥ’, endowed with mercy, generosity and other such qualities; ‘since Fathers are such the invited who take their form, should also be so.’

 

Comparative notes by various authors:

Viṣṇu (9.14,17, 24). — ‘He should offer metallic vessels; — specially those of silver; — whatever is offered with a vessel — howsoever small — made of gold or silver or rhinoceros-horn or Udumbara wood, — becomes imperishable.’

Yājñavalkya (1. 237). — ‘The remnant of the oblations one should carefully offer into vessels, such as may be available; but specially in those of silver.’

 

 

VERSE 3.193 [Origin of the Pitṛs and the Mode of Worshipping them]

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

यस्मादुत्पत्तिरेतेषां सर्वेषामप्यशेषतः ।
ये च यैरुपचर्याः स्युर्नियमैस्तान्निबोधत ॥१९३॥

yasmādutpattireteṣāṃ sarveṣāmapyaśeṣataḥ |
ye ca yairupacaryāḥ syurniyamaistānnibodhata ||193||

 

Now fully learn from whom all these have their origin and who are to be worshipped, by whom and by what roles. — (193)

 

Medhātithi’s commentary (manubhāṣya):

He from whom these — Pitṛs — ‘have their origin,’ and ‘who’ — which Pitṛs — ‘have to be worshipped by whom,’ i.e., the ‘Somapa’ Manes by Brāhmaṇas, the ‘Haviṣmat’ Pitṛs by Kṣatriyas, and so forth; — all this ‘learn fully,’ as described now.

‘Rules;’ — this is a mere reiterative reference; the rules having been already laid down in the words, ‘one should remain self-controlled, &c., &c.’ The plural number is due to there being a large number of rules. — (193)

 

 

VERSE 3.194

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

मनोर्हैरण्यगर्भस्य ये मरीच्यादयः सुताः ।
तेषां ऋषीणां सर्वेषां पुत्राः पितृगणाः स्मृताः ॥१९४॥

manorhairaṇyagarbhasya ye marīcyādayaḥ sutāḥ |
teṣāṃ ṛṣīṇāṃ sarveṣāṃ putrāḥ pitṛgaṇāḥ smṛtāḥ ||194||

 

Of Manu, the son of Hiraṇyagarbha, Marīci and the rest were sons; and the sons of all these sages have been declared to constitute the “Body of Pitṛs.” — (194)

 

Medhātithi’s commentary (manubhāṣya):

‘Hiraṇyagarbha’ is Prajāpati; his son is ‘Manu, the son of Hiraṇyagarbha;’ as has been declared under Discourse I — ‘Having created all this and myself, &c., &c.;’ — of this Manu, the sons were ‘Marīci and the rest’ — i.e., Atri, Aṅgiras, and so forth; and these constitute the ‘Body of Pitṛs,’ ‘Pitṛgaṇa.’

An objection is raised — “For every person, his own Father, &c., are his ‘Pitṛs.’ The injunctions also are in the words — ‘one should offer balls to his father, grandfather and great-grandfather;’ ‘after this, the sons should make offerings to three ancestors.’ What then is this that is being said now — that ‘the sons oft he sages are the Pitṛs,’ — or that ‘the Somapās are the Pitṛs of Brāhmaṇas?’ We cannot accept any such option as that — ‘one shall make an offering to the Somapā

Pitṛs,’ or ‘he shall make the offering to his father and grandfather;’ for the simple reason that in the original injunction we find the words ‘this should be done by the son;’ and ‘son’ is a relative term; and later on (verse 221) we read — ‘he whose father may be dead &c., &c.’ It has, therefore, got to be explained what is the real meaning of the present context,”

The answer to the above is as follows: — What the present verse contains is merely a commendatory description supplementary to the foregoing injunctions; and we never hear of the ‘Somapa’ and other Pitṛs spoken as the recipients of offerings.

“But there is the injunction (in 193) that these have to be worshipped.”

The root ‘chara’ (in ‘upacaryāḥ’) is denotative of mere action in general; and as such, it cannot form the subject of any injunction. In the Veda, we do not find any such action spoken of as ‘upacāra,’ in the same manner as the acts of sacrificing, giving and the like. In most cases, the root ‘chara’ is used, like the root ‘kṛ’ as pertaining to some other act mentioned in close proximity to it; and in the present case, the act mentioned in close proximity is that of offering the śrāddha. This latter act having been already enjoined as to be offered to a definite set of recipients, could not be again enjoined as to be offered to other recipients. If it were again the enjoined itself, then it would not be regarded as being in proximity to another enjoined act; and the presence of the root ‘chara’ distinctly precludes the possibility of any other act being understood, which is not in proximity to another enjoined act. As for such usages in ordinary parlance as ‘the Teacher should be worshipped,’ ‘guravaḥ upacaryāh’ (where we have the same term ‘upacaryāḥ’), there also the act that is understood to be expressed is service, in the form of washing the feet, and the like; and no such act as these is possible in connection with the Pitṛs, And so long as a passage is capable of being construed in a certain sense along with the context in which it occurs, there can be no justification for assuming another meaning for it. If the ‘Somapa’ and the rest had been really intended as the recepients of the Śrāddha offered by the several castes, then alone would there have been any use for the description of their birth, &c. (as found in the present verse). When, however, the verse is taken as a mere commendatory description, then any description might come in useful.

Hence, the conclusion is, that the present verse proceeds with a view to make those people undertake the performance of Śrāddha who may happen to have no regard for their ancestors, and hence having no inclination for doing any act on their behalf; — the purport being — ‘do not you think that the Pitṛs being dead men, what harm could they do if they were not satisfied at the Śrāddha, or what good they could do by being satisfied? — because they are, in reality, beings of tremendous power, being the grandsons of Manu; who is the son of Hiraṇyagarbha, the lord of the whole universe.’ It is for conveying this sense that the text has used the term, ‘of the sages;’ which means that they are not ordinary sons of Manu; it is those great sages, Marīci and the rest, who are known as possessed of great powers; and it is of such sages that the Pitṛs are the sons.

There are many people who would be led to the performance of Śrāddhas, just by means of such laudatory descriptions.

Some people explain the verse to mean that “one should look upon the Pitṛs as Somapa and the rest.

These, however, have to be disregarded; as there is no authority for any such notion. We have no such assertion to this effect, as we have in connection with the propriety of looking at the sun as Brahman.

Others, again, have offered the explanation that, what is meant is, that the rule being that ‘offerings to the Pitṛs should be made after pronouncing their gotra and name,’ and ‘Somapā,’ &c., are just the names that have to be pronounced in connection with the several castes.

This also is not right; since the expression used is “somapā nāma,” ‘by name Somapā,’ these must be names, not gotras.

“But the term ‘name’ would be applicable also when these were names of gotras only.”

If these were the names of gotras, then the two could not be in apposition; the proper form would be, ‘Somapā is the gotra of the Pitṛs,’ and not that ‘the Pitṛs are Somapa.’

“It is often found that the descendant is identified with his gotra, and the name of the latter is applied to the former; e.g, in such expressions as ‘Babhru is Mandu.’”

Our answer to this is as follows: — It has to be considered here what is it that is called ‘gotra,’ As a matter of fact, the ‘gotra’ of a family is its first progenitor who imparts his name to it, being the most renowned person by virtue of his possessing such qualities as learning, opulence, bravery, nobility and the like; and it is after him that the family becomes named. Thus it is that among Brāhmaṇas and others, there are sub-divisious of gotras. The personage whom his descendants remember with such feelings as ‘we are the descendants of such and such a person,’ would thus be the one after which that particular family should be named. As a matter of fact, however, no men are found to think of themselves as being ‘Somapā’ and thus regarding

‘Somapā’ as the name of their gotra; — in the manner in which people regard the names of ‘Bhṛgu’, ‘Garga’ and

‘Gālaya.’ It is by these latter names that the gotras of Brāhmaṇas should be known; as these are the principal gotras; the name ‘gotra’ applying to them by convention, and not by virtue of their fulfilling the condition mentioned in the above-mentioned definition that ‘the first progenitor, imparting his name to the family, is its gotra;’ in fact, ‘Bhṛgu,’ &c., have been known as ‘gotra’ from beginningless time, and their use in this sense is as much without beginning as the use of the caste-names, ‘Brāhmaṇa,’ and the rest. Prior to Parāśara’s birth, no Brāhmaṇas could have been named after him; hence, if the ‘gotra’ consisted in the first progenitor, &c., then the Veda (which makes mention of Parāśara as gotra) would have a beginning in time. Thus, then, since the use of the name ‘gotra’ is beginningless, it is this ‘gotra’ that is to be used in the pouring of water-libations. The persons imparting their names to families are not beginningless; they are modern; and at a Vedic rite, so long as one can make use of eternal names, there can be no justification for pronouncing names that have had a beginning in time. For these reasons, what the Brāhmaṇa should do when offering the libation of water, &c„ is to pronounce the appropriate ‘gotra- name’ — such as ‘may this offering go to the Gargya,’ or ‘to one belonging to the Garga-gotra’ — and then pronounce the name of the person.

Among the Kṣatriya and the other castes, however, there is no such usage regarding gotra. These latter do not retain the memory of their ‘gotra’ in the same manner as the Brāhmaṇas do. Hence, for them, the ‘gotra’ must be something pertaining to this world; and it is for these that the ‘gotra’ consists of the ‘first progenitor, the most renowned, who imparts his name to the family:’ hence it is that they are referred to in Śrāddha, etc., by this gotra-name, even though it is one that has had a beginning in time. These, Kṣatriya, etc., are not worthy of being called by such titles as ‘Havirbhuk,’ and the like.

Some people have held that — “the offerings enjoined as to be made with such expressions as ‘I am inviting the Somapās,’ ‘may this reach the Somapās,’ and the like, are by those persons, the names of whose father and other ancestors are unknown.”

This also is not right; as it has been distinctly laid down that ‘one not knowing the names of one’s ancestors should make the offerings simply with the words to the father, to the grandfather, and so forth.’

Further, there might be some justification for having recourse to the several explanations of this verse, only if it were absolutely impossible to construe it as serving the purposes of a commendatory description supplementary to the foregoing injunction. But so long as it is possible to construe the verse along with what has gone before, it cannot be right to take it as an isolated assertion by itself. — (194)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 43).

 

 

VERSE 3.195

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

विराज्सुताः सोमसदः साध्यानां पितरः स्मृताः ? ।
अग्निष्वात्ताश्च देवानां मारीचा लोकविश्रुताः ॥१९५॥

virājsutāḥ somasadaḥ sādhyānāṃ pitaraḥ smṛtāḥ ? |
agniṣvāttāśca devānāṃ mārīcā lokaviśrutāḥ ||195||

 

The Somasads, the sons of Virāj, have been declared to be the Pitṛs of the Sādhyas; and the Agnisvāttas, the sons of Marīci, are famed in the world as the Pitṛs of the Gods. — (195)

 

Medhātithi’s commentary (manubhāṣya):

All these verses are laudatory descriptions relating to Śrāddhas; as they are all construable together. The ‘Pitṛs of the Sādhyas’ have not been laid down as the recipients of Śrāddhas; specially because they are gods, and also because the Sādhyas also, who are themselves gods, are not entitled to the performance of Śrāddhas; for the simple reason that they are not such as. can be directed to do an act. Gods cannot be directed to do an act; for, if they were, this would deprive them of their god-like character. If gods were entitled to the performance of an act, they would be regarded as the ‘ doer;’ and the ‘doer’ or ‘agent’ could never be the ‘recipient;’ while, in reality, the very nature of the gods consists in their being ‘recipients’ (of sacrifices).

The sous of Virāj are the Somasads; and these are the ‘Pitṛs of the Sādhyas.’

[The sense of all this laudatory description is as follows] — This rite in honour of the Pitṛs must always be performed; since, even the Sādhyas, who are gods, and as such, have accomplished all that they had to do, worship their Pitṛs.

The Agniṣvāttas, who are the Pitṛs of Agni and other Gods, relish the cake and milk and rice cooked on fire.

‘Mārīcāḥ’ — sons of Marīci.

‘Lokaviśrutāḥ’ — famed in the world. — (195)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 55).

 

 

VERSE 3.196

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

दैत्यदानवयक्षाणां गन्धर्वौरगरक्षसाम् ।
सुपर्णकिन्नराणां च स्मृता बर्हिषदोऽत्रिजाः ॥१९६॥

daityadānavayakṣāṇāṃ gandharvauragarakṣasām |
suparṇakinnarāṇāṃ ca smṛtā barhiṣado'trijāḥ ||196||

 

The Barhisads, the sons of Atri, are declared to be the Pitṛs of Daityas, Dānavas, Yakṣas, Gandharvas, Uragas, Rākṣasas, Suparṇas and Kinnaras. — (196)

 

Medhātithi’s commentary (manubhāṣya):

All these, Daityas, &c., though not worthy of being mentioned in scriptures, have been mentioned here for purposes of the laudatory description. The forms and character of these beings are as described in the Itihāsas.

‘Suparṇas’ — are a particular kind of birds.

‘Kinnaras’ — are horse-faced beings.

The purport of this laudatory description is that — so essential is the performance of Śrāddhas that even Daityas, Dānavas and Rākṣasas, who generally interfere with sacrificial performances, cannot avoid it; nor even animals, who have no intelligence and no memory.

The sons of Atri are called ‘Barhiṣads.’ — (196)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 55).

 

 

VERSE 3.197

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

सोमपा नाम विप्राणां क्षत्रियाणां हविर्भुजः ।
वैश्यानामाज्यपा नाम शूद्राणां तु सुकालिनः ॥१९७॥

somapā nāma viprāṇāṃ kṣatriyāṇāṃ havirbhujaḥ |
vaiśyānāmājyapā nāma śūdrāṇāṃ tu sukālinaḥ ||197||

 

Those by name Somapās are the Pitṛs of Brāhmaṇas; the Havirbhujs are the Pitṛs of Kṣatriyas; those by name Ājyapas, of Vaiśyas; and of Śūdras, Sukālins. — (197)

 

Medhātithi’s commentary (manubhāṣya):

What this verse means has been explained before.

The ‘Somapās’ are those that drink Soma; i.e., Indra and other deities of the Jyotiṣṭoma and other sacrifices.

‘Havirbhujs’ — are the deities for cooked rice, cake, &c.

‘Ājyapas’ — are the deities for the libations called ‘Āghāra,’ ‘Ājyabhāga,’ ‘Pragāju,’ and so forth.

‘Sukālins’ — are those who complete, accomplish, sacrificial rites. The deities conducive to the accomplishment of sacrificial rites are those prescribed in such Mantras as ‘Ayāścāgnesyanabhiśasti, &c., &e.’ — (197)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 55); — and in Nirṇayasindhu (p. 281.)

 

 

VERSE 3.198

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

सोमपास्तु कवेः पुत्रा हविष्मन्तोऽङ्गिरःसुताः ।
पुलस्त्यस्याज्यपाः पुत्रा वसिष्ठस्य सुकालिनः ॥१९८॥

somapāstu kaveḥ putrā haviṣmanto'ṅgiraḥsutāḥ |
pulastyasyājyapāḥ putrā vasiṣṭhasya sukālinaḥ ||198||

 

Somapas are the sons of Kavi; Haviṣmats are the sons of Aṅgiras; Ājyapās are the sons of Pulastya, and Sukālins, of Vaśiṣṭha. — (198)

 

Medhātithi’s commentary (manubhāṣya):

The Havirbhujs are here spoken of as ‘Haviṣmats.’

‘Kavi’ is Bhrgu. They say that ‘Uśanas is called Kāvya, as also Bhārgava.’

‘Just as these gods are the sons of sages, so your Pitṛs also are god-like in their nature; hence you should not disregard them,’ — [such is the purport of these verses]. — (198)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 55).

 

 

VERSE 3.199

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

अग्निदग्धानग्निदग्धान् काव्यान् बर्हिषदस्तथा ।
अग्निष्वात्तांश्च सौम्यांश्च विप्राणामेव निर्दिशेत् ॥१९९॥

agnidagdhānagnidagdhān kāvyān barhiṣadastathā |
agniṣvāttāṃśca saumyāṃśca viprāṇāmeva nirdiśet ||199||

 

‘The Anagnidagdhas, the Agnidagdhas, the Kāvyas, the Barhiṣads, the Agniṣvāttas, and the Saumyas, — these one should regard as the Pitṛs of Brāhmaṇas. — (199)

 

Medhātithi’s commentary (manubhāṣya):

Soma (the Soma plant) is what is called ‘anagnidagdha’ (‘not burnt by fire’); because it is not cooked on fire; and the gods to whom sacrifices are offered with Soma, also come to be called ‘Anagnidagdha;’ which connotes the quality of prosperity.

Similarly, ‘agnidagdha’ (‘burnt by fire’) stands for such substances as cooked rice, cake, and the like, which are all prepared on fire; and the gods to whom sacrifices are offered with these are called ‘Agnidagdha.’

As before, we construe the verse to mean as follows: — ‘Those that are called Agnidagdha should be mentioned as agnidagdha, and those that are called Anagnidagdha should be mentioned as Somapā.’

Similarly with ‘Kāvyas’ and ‘Barhiṣuds the ‘Kāvyas’ have been described (in 198) as ‘Somapā;’ and ‘Barhiṣads’ as ‘the sons of Atri.’

The particle ‘eva’ is not to be construed where it occurs; as, in that case, the meaning would be that all those mentioned are the Pitṛs of Brāhmaṇas only, not of Kṣatriyas and others; and this would be contrary to what has gone before. Nor have the beings in question been mentioned as the Pitṛs of various castes, which alone could justify a few of them being selected and marked as belonging specifically to Brāhmaṇas only. Hence the ‘eva’ should be construed along with the ‘Agniṣvāttas,’ the ‘Saumyas,’ and the rest.

The mention of the ‘Brāhmaṇa’ being purely reiterative, stands for the Kṣatriya, &c. also.

The Pitṛs bearing the names here mentioned are found mentioned in the Veda also: — ‘The Pitṛs, named Agniṣvātta, Agnidagdha, Anagnidagdha.’ And it is out of those mentioned in this mantra that our author has selected some and described them here.

Or, the verse may be construed in the following manner: — ‘The Pitṛs that are spoken of by these names, all these one should mention as the Brāhmaṇa’s Pitṛs:’ the mere difference in the names should not lead one to think of the named beings being different.’ In this case, the term ‘Brāhmaṇa’ would stand for ‘persons entitled to the performance of Śrāddha;’ the Brāhmaṇa being so, above all others; and it is always the predominant factor that serves as the indicative; as we find in the case of such expressions as ‘the king is passing by.’

[ This latter interpretation, being much the simpler of the two, has been adopted in the Text.] — (199)

 

Explanatory notes by Ganganath Jha:

“This verse probably contains a second classification of the Manes, which differs from the preceding, because it is based on a different tradition.” — Buhler.

This verse is quoted in Hemādri (Śrāddha, p. 55).

 

 

VERSE 3.200

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

य एते तु गणा मुख्याः पितॄणां परिकीर्तिताः ।
तेषामपीह विज्ञेयं पुत्रपौत्रमनन्तकम् ॥२००॥

ya ete tu gaṇā mukhyāḥ pitṝṇāṃ parikīrtitāḥ |
teṣāmapīha vijñeyaṃ putrapautramanantakam ||200||

 

Of the principal bodies of Pitṛs that have been described, know that there are endless sons and grandsons in this world. — (200)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Somapā,’ and the rest, are the ‘principal bodies of Pitṛs.’ Of these there are endless sons and grandsons; and these latter also are Pitṛs.

The mention;of this indefinite number indicates that the offerings are not to be made in reference to the Somapa andothers; for, if the sons and grandsons of these were ‘Pitṛs’ then, as Pitṛs, these sons and grandsons also may have the offerings made in reference to them; and yet no names of these have been mentioned; whence it is clear that all this is merely laudatory description.

The singular number in ‘putrapautrakam’ is in accordance with Pāṇini 2.4.10.

‘Endless’ — unlimited; the ‘ka’ having the reflexive sense. — (200)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri, (Śrāddha, p. 48).

 

 

VERSE 3.201

Section XI - Origin of the Pitṛs and the Mode of Worshipping them

 

ऋषिभ्यः पितरो जाताः पितृभ्यो देवमानवाः ।
देवेभ्यस्तु जगत् सर्वं चरं स्थाण्वनुपूर्वशः ॥२०१॥

ṛṣibhyaḥ pitaro jātāḥ pitṛbhyo devamānavāḥ |
devebhyastu jagat sarvaṃ caraṃ sthāṇvanupūrvaśaḥ ||201||

 

From the sages were born the Pitṛs, Gods and Men; and from the gods the entire world, moveable and immoveable, in due order. — (201)

 

Medhātithi’s commentary (manubhāṣya):

The rite in honour of the Pitṛs should not be looked upon as inferior to that in honour of the gods; in fact, the former is the more important of the two; because by birth, the Pitṛs are elder than the gods. For, the order of creation is that the Pitṛs were born from the sages, and the gods were born from the Pitṛs, and from the gods, the whole of the rest of the world — ‘moveable’ — animate — as well as ‘immoveable’ — inanimate.

‘In due order’ — the order having been already described under Discourse I.

The entire series of purely laudatory descriptions has now come to an end. — (201)

 

 

VERSE 3.202 [Vessels to be used at Śrāddhas]

Section XII - Vessels to be used at Śrāddhas

 

राजतैर्भाजनैरेषामथो वा रजतान्वितैः ।
वार्यपि श्रद्धया दत्तमक्षयायौपकल्पते ॥२०२॥

rājatairbhājanaireṣāmatho vā rajatānvitaiḥ |
vāryapi śraddhayā dattamakṣayāyaupakalpate ||202||

 

Even water offered to these with faith, in vessels, either made of silver or connected with silver, is conducive to imperishability. — (202)

 

Medhātithi’s commentary (manubhāṣya):

‘Vessels made of silver’ — those built entirely of silver. In the absence of these ‘those, connected with silver’ — i.e., vessels of wood, or of copper, or of gold, should have one part touched with silver. The vessels referred to here are those in which large quantities of butter, honey and vegetables and other things are kept for being offered; and in connection with these, it is enjoined that they should be of silver. As for the actual offering of the ball and other things, this has to be done with the hands; the libations of water — such as those poured over the balls, etc. — these also should be offered, with the hands; in view of the clear injunction that these offerings should be made ‘with hand, the thread passing over the right shoulder.’ The daily libations of water also are to be offered with the hands — the thread passing over the left or the right shoulder.

“But all this has been laid down in connection with śrāddhas, and, as such, cannot be connected with another act.”

Even such subsidiary details are admissible in an act as are not mentioned in the same context with itself.

“But such details are already mentioned in connection with the act itself.”

That may be so; and in that case, the present right may be only a reiteration of the same.

‘Even water’ — the term ‘even’ indicates high praise; the sense being that — ‘to say nothing of the offering of richly cooked food, even water alone, if offered in a silver-vessel, becomes, by reason of its connection with silver, ‘conducive to imperishability’ — i.e., it becomes the source of ever-lasting satisfaction (to the Pitṛs).

‘With faith;’ — being already enjoined in connection with all givings, its mention here is purely reiterative. — (202)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 290), which notes that this is meant to apply only to the offering of water; — in Aparārka, (p. 488); — in Hemādri (Śrāddha, p. 675); — in Gadādharapaddhati, (Kāla, p. 549); — and in Smṛtisāroddhāra, (p. 277).

 

Comparative notes by various authors:

Viṣṇu (9.14, 17, 24). — ‘He should offer metallic vessels; — specially those of silver; — whatever is offered with a vessel — howsoever small — made of gold or silver or rhinoceros-horn or Udumbara wood, — becomes imperishable.’

Yājñavalkya (1.237). — ‘The remnant of the oblations one should carefully offer into vessels, such as may be available; but specially in those of silver.’

 

 

VERSE 3.203 [Order of Sequence]

Section XIII - Order of Sequence

 

दैवकार्याद् द्विजातीनां पितृकार्यं विशिष्यते ।
दैवं हि पितृकार्यस्य पूर्वमाप्यायनं स्मृतम् ॥२०३॥

daivakāryād dvijātīnāṃ pitṛkāryaṃ viśiṣyate |
daivaṃ hi pitṛkāryasya pūrvamāpyāyanaṃ smṛtam ||203||

 

For twice-born men, the rite in honour of the Pitṛs excels that in honour of the gods; the rite in honour of the gods has been declared to be the previous sustainer of the rite in honour of the Pitṛs. — (203)

 

Medhātithi’s commentary (manubhāṣya):

The rite done in honour of the gods is excelled by that done in honour of the Pitṛs; i.e., the latter has been more emphatically enjoined.

This only indicates the predominance of the rite in honour of the Pitṛs; the meaning being that the rite in honour of the gods is subsidiary to that in honour of the Pitṛs.

This same subsidiary character is more clearly stated, — ‘The rite’ — i.e., the feeding of Brāhmaṇas — ‘that is done in honour of the gods’ is the, ‘sustainer’ — helper — ‘of the rite done in honour of the Pitṛs;’ so that it is not by itself an important act, being only an aid of that in honour of the Pitṛs. — (203)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Gadādharapaddhati (Kāla, p. 526), which explains ‘āpyāyanam’ as ‘helping’, ‘subsidiary’.

 

Comparative notes by various authors:

Āśvalāyana (24.1). — ‘Without offering the sacrifice to the Pitṛs, or the annual Śrāddha to individual ancestors, — if one performs other five sacrifices, he surely goes to hell.’

 

 

VERSE 3.204

Section XIII - Order of Sequence

 

तेषामारक्षभूतं तु पूर्वं दैवं नियोजयेत् ।
रक्षांसि विप्रलुम्पन्ति श्राद्धमारक्षवर्जितम् ॥२०४॥

teṣāmārakṣabhūtaṃ tu pūrvaṃ daivaṃ niyojayet |
rakṣāṃsi vipralumpanti śrāddhamārakṣavarjitam ||204||

 

One should first engage the Brāhmaṇa in honour of the gods, as a protection to these (offerings to) Pitṛs; for the Rākṣasas take away the śrāddha that is devoid of protection. — (204)

 

Medhātithi’s commentary (manubhāṣya):

‘Ārakṣa’ is the same as ‘rakṣā;’ and that which has reached that is called ‘ārakṣabhūtam;’ i.e., that which serves the purpose of protecting.

Or, the term ‘bhūtam’ may be taken as connoting similitude; in which case, the meaning is — ‘which is, as it were, a protection.’

Because it is so, therefore ‘one should first engage’ — invite — ‘the Brāhmaṇa in honour of the gods’ — and make him sit upon a proper seat.

The rest of the verse is a purely laudatory description.

‘Rākṣasas;’ — certain invisible beings, described in Itihāsas — ‘take away’ — the Śrāddha — from the Pitṛs.

“Who are the gods, in honour of whom the Brāhmaṇa is to be invited?”

In the Gṛhyasūtra, we find the mantra — ‘We invite the Viśvedevas, &c.’ — as the one to be used; from which it follows that the Viśvedevas are the gods. In the Purāṇas also it is said — ‘The Śruti says that it is Viśvedevas.’ — (204)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 476), which explains ‘ārakṣa’ as equivalent to ‘rakṣaṇa’; — in Gadādharapaddhati (Kāla, p. 426), which explains ‘ārakṣabhūtam,’ as some little (not complete) safeguard; — and in Śrāddhakriyākaumudī (p. 54) as indicating the importance of Daiva Śrāddha.

 

Comparative notes by various authors:

Laghu-Āśvalāyana (23.27). — ‘Having, in the prescribed manner, worshipped the gods, he shall, with their permission, perform the worship of the Pitṛs, in the Apasavya form.’

Dharma (Aparārka, p. 476). — ‘Having seated the Gods, and then the Pitṛs.’

 

 

VERSE 3.205

Section XIII - Order of Sequence

 

दैवाद्यन्तं तदीहेत पित्र्याद्यन्तं न तद् भवेत् ।
पित्र्याद्यन्तं त्वीहमानः क्षिप्रं नश्यति सान्वयः ॥२०५॥

daivādyantaṃ tadīheta pitryādyantaṃ na tad bhavet |
pitryādyantaṃ tvīhamānaḥ kṣipraṃ naśyati sānvayaḥ ||205||

 

One should first engage the Brāhmaṇa in honour of the gods, as a protection to these (offerings to) Pitṛs; for the Rākṣasas take away the śrāddha that is devoid of protection. — (204)

 

Medhātithi’s commentary (manubhāṣya):

That in whose beginning and at whose end a rite in honour of the gods is performed is said to ‘begin and end with a rite in honour of the gods.’ The beginning of the Śrāddha rite should be made with a rite performed in honour of the gods; it is for this reason that the invitation of the Brāhmaṇas in honour of the gods should be done first. ‘End’ is completion. The meaning is that the Brāhmaṇas fed in honour of the gods.should be dismissed after those fed in honour of the Pitṛs have been sent away.

Some people hold that in the offering of sandal-paste, &c. also, beginning should be made with what is done in honour of the gods.

But, in regard to these details, it is not possible to make either the beginning or the end with what is done in honour of the gods; as this would lead to repe???on (repetition?). Further, that it should begin and end with what is done in honour of the gods has been laid down here as pertaining to the entire procedure, and not to each of the intervening details. That the performance of the details shall begin with what is done in honour of the gods would follow from the natural course of the action; it having been fixed that the inviting is to begin with those invited in honour of the gods, it would be only natural that the other details shall also start with the same with which that first step had started; since one detail controls the starting of another detail, as laid down in the assertion that — ‘the starting of the details is determined by the time fixed for them in connection with the Primary Act.’

Such a Śrāddha -rite one shall ‘endeavour’ to perform.

The rest of the verse is a purely laudatory description.

‘It should never be one beginning and ending with a rite in honour of the Pitṛs’ — Inasmuch as it has been already enjoined that the act should begin and end with what is done in honour of the gods, the further prohibition of beginning and ending with what is done in honour. of the Pitṛs has to be taken, in the manner of ordinary assertions, as a purely descriptive reiteration. In ordinary parlance, having laid down one thing, one often negatives its contrary, even though there be no possibility of this latter being adopted. As a matter of fact, an action controls the substance, not what is not a substance.

‘Quickly perishes, along with his progeny;’ — this deprecatoy description is meant to indicate that the man fails to obtain the reward in the form of offsprings.

From this it follows that all the acts, of serving the food and the like, should begin with what is done in honour of the gods. As for what is done during the process — the serving of more rice, &c., at intervals, the supplying of water to those that may happen to want water for drinking, and so forth, — all this should be done first to one who may happen to express his desire first. If one were to offer these things to one who does not want them, simply because of his being invited in honour of the gods, then one would be trans- greasing the principal injunction that — ‘one should make the Brāhmaṇas happy.’

Some one may happen to be fond of sweets, another may be one who finds adds more wholesome; so that, having provided “various edibles and fragrant drinks” (Manu, 3. 227), if, by other considerations, one were to give to one what suits his taste and constitution, the invitee would contract disease.

From all this it follows that in the feeding it is only the beginning and end that should be done with those invited in honour of the gods. — (205)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 456) as meaning that the Brāhmaṇa to be fed in honour of the Viśvedevas should be invited before that to be fed in honour of the Pitṛs; and concludes that the matter is purely optional, in view of the contrary rule laid down by Pracetas; — in Śrāddhakriyākaumudī, (p. 54); — in Gadādharapaddhati (Kāla, p. 526), which explains ‘daivādyantam’ as ‘beginning and ending with the offering to the Devas’, which means that the invitation is to be made afresh in connection with the Devakṛtya, and the concluding rites should be performed last of all for the Devas; — and in Hemādri (Śrāddha, p. 1045), which says that the other rites shall begin with the Devas, but the Visarjana is to be done last for the Devas.

 

Comparative notes by various authors:

Laghu-Hārīta (96). — ‘If one, through ignorance, makes offerings to the Pitṛs and neglects the Gods, his Pitṛs abandon that Śrāddha as if it were something unclean.’

Devala. — ‘Whatever rite is performed in honour of Pitṛs should be preceded by the offering to the Viśvedevas.’

 

 

VERSE 3.206 [Method of Feeding]

Section XIV - Method of Feeding

 

शुचिं देशं विविक्तं च गोमयेनोपलेपयेत् ।
दक्षिणाप्रवणं चैव प्रयत्नेनोपपादयेत् ॥२०६॥

śuciṃ deśaṃ viviktaṃ ca gomayenopalepayet |
dakṣiṇāpravaṇaṃ caiva prayatnenopapādayet ||206||

 

One should prepare with care a clean and secluded place Sloping towards the south, and smear it with cowdung. — (206)

 

Medhātithi’s commentary (manubhāṣya):

‘Clean’ — not defiled by the presence of ashes, bones, skulls, and such things.

‘Secluded’ — large and unoccupied by many men.

‘Sloping towards the south’ — that which is of lower level on the southern side. Such he should make the place, ‘with care.’ That is, if one fails to find a spot that is not naturally so, one should make it so, by one’s own effort.

This place he should smear with cowdung. This precludes the use of clay and such things, the rule being that the smearing should be done with cowdung. — (206)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in ‘Parāśaramādhava (Ācāra, p. 652) in support of the view that ‘even though it may not be possible for the performer to find a spot sloping towards the south from himself, he should try and make it slope southwards;’ — in Smṛtitattva (page 107) in the sense that the performer should sit on a place that has been previously smeared with cowdung; — and in Madanapārijāta (p. 483), which adds the following explanations: — ‘shuchim’ — i.e., a sacred place, which is by itself clean; or a place in his own house, which should be free from all foreign sources of uncleanliness; — ‘viviktam’ i.e., free from hairs and other unclean things; — and the place should be beaten into a slope towards the south — i.e., capable of allowing the performer to pour offerings towards the south.

This is quoted also in Nirṇayasindhu (p. 268); — in Aparārka, (p. 471), which explains ‘vivikta’ as ‘vijana,’ ‘not crowded by men;’ and adds that even though the place be clean, it should be smeared over with cowdung for the purpose of imparting to it special sanctity; — in Hemādri (Śrāddha, p. 160); — and in Śraddhakriyākaumudī (p. 102).

 

Comparative notes by various authors:

Gautama (15.25). — ‘He should make the offerings in a secluded place.’

Yājñavalkya (1.227). — ‘In a place that is secluded, clean and sloping southwards.’

Viṣṇu (85.63). — ‘In houses smeared with cow-dung.’

Viṣṇu-dharmottara (2.244.23). — ‘In a place that slopes southwards, or in a sacred place of pilgrimage, or in his own house duly sanctified, he shall offer the Śrāddha with care.’

Yama (Parāśaramādhava, p. 652). — ‘For the purposes of Śrāddha, one should avoid a place which is very dry, full of insects, damp, evil-smelling, where disagreeable sounds are heard.’

Mārkaṇḍeya (Do.). — ‘For purposes of Śrāddha, one should avoid a place which is full of living beings, very dry, burnt by fire, where disagreeable and harsh sounds are heard and which is evil-smelling.’

 

 

VERSE 3.207

Section XIV - Method of Feeding

 

अवकाशेषु चोक्षेषु जलतीरेषु चैव हि ।
विविक्तेषु च तुष्यन्ति दत्तेन पितरः सदा ॥२०७॥

avakāśeṣu cokṣeṣu jalatīreṣu caiva hi |
vivikteṣu ca tuṣyanti dattena pitaraḥ sadā ||207||

 

The Pitṛs are always pleased with what is offered in glean places, on water-banks and in secluded places. — (207)

 

Medhātithi’s commentary (manubhāṣya):

‘Avakāśa,’ is place, spot.

‘Cokṣa’ — naturally clean and tending to mental calm; such as forests, etc.

‘Water-banks’ — sand-banks, near rivers.

‘Secluded places’ — uncrowded sacred places.

This verse contains a totally different injunction. Hence, in the case of such places, the rule regarding smearing with cowdung does not apply; because the rule (in the preceding verse) distinctly says that ‘one should make it so;’ which means that the rule applies to a place where cleanness has to be brought about. In regard to places that are naturally clean, their fitness is secured by ‘being examined and sprinkled with water.’

By the Śrāddha ‘offered’ — performed — in such places, the Pitṛs become greatly pleased. — (207)

 

Explanatory notes by Ganganath Jha:

‘Cokṣesu’ — ‘ Naturally clean’ (Medhātithi, Govindarāja, Kullūka and Nārāyaṇa); — and ‘pleasing’ (Nandana and Rāghavānanda).

This verse is quoted in Aparārka (p. 471), which explains ‘cokṣa’ as a ‘place that is naturally clean’; — in Hemādri (Śrāddha, p. 160); — and in Śrāddhakriyākaumndī (p. 102).

 

Comparative notes by various authors:

Viṣṇu (85.54-61). — ‘On large rivers, on all natural spots, on river-banks, on streams, on hills, in groves, in forests, in parks.’

Yama (Aparārka p. 471). — ‘Śrāddhas should be offered in sacred buildings, on river-banks, in Tīrthas, and on one’s own land, in groves near hills, and on mountain-tops.’

 

 

VERSE 3.208

Section XIV - Method of Feeding

 

आसनेषूपकॢप्तेषु बर्हिष्मत्सु पृथक्पृथक् ।
उपस्पृष्टौदकान् सम्यग् विप्रांस्तानुपवेशयेत् ॥२०८॥

āsaneṣūpakḷpteṣu barhiṣmatsu pṛthakpṛthak |
upaspṛṣṭaudakān samyag viprāṃstānupaveśayet ||208||

 

Seats with kuśa grass having been separately placed, he should seat the said Brāhmaṇas who have performed their ablutions. — (208)

 

Medhātithi’s commentary (manubhāṣya):

‘Placed’ — i.e., prepared and duly arranged.

‘Separately’ — with proper partition. He shall not provide for all a single seat, in the form of a long piece of cloth or wooden plank. They shall be seated in such a manner that they should not touch one another. It is in this sense that ‘separately’ has been added.

‘With kuśa grass’ — with bundles of Kuśa spread over them.

‘Who have performed their ablutions’ — i.e., who have bathed and rinsed their mouth in the prescribed manner.

‘The said’ — those previously invited — ‘he should seat.’ — (208)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nṛsiṃhaprasāda (Śrāddha, p. 24b).

 

Comparative notes by various authors:

Viṣṇu (73.2). — ‘On the second day, in the forenoon during the brighter fortnight, — and in the afternoon during the darker fortnight, — he shall seat on seats covered with kuśa-grass, the Brāhmaṇas who have bathed and rinsed their mouths, in the order of their learning.’

Yājñavalkya (1.226). — ‘During the afternoon, having respectfully welcomed the Brāhmaṇas that have come and have rinsed their mouth, he, with clean hands, shall seat them on seats.’

Āśvalāyana-Gṛhyasūtra (4.7.2). — ‘The Brāhmaṇas equipped with learning, character, and excellent conduct, who may have arrived at the same time and have washed their feet and rinsed their mouths, — these he shall seat, as if they were his forefathers, with faces turned towards the north.’

 

 

VERSE 3.209

Section XIV - Method of Feeding

 

उपवेश्य तु तान् विप्रानासनेष्वजुगुप्सितान् ।
गन्धमाल्यैः सुरभिभिरर्चयेद् दैवपूर्वकम् ॥२०९॥

upaveśya tu tān viprānāsaneṣvajugupsitān |
gandhamālyaiḥ surabhibhirarcayed daivapūrvakam ||209||

 

Having seated those unreproached Brāhmaṇas on those seats, he should worship them with sweet-smelling perfumes and Garlands, beginning with those invited in honour of the gods. — (209)

 

Medhātithi’s commentary (manubhāṣya):

After having seated them, he should worship them with perfumes and garlands: ‘Perfumes’ — in the form of saffron, camphor, and such things — he should offer them; and so also ‘garlands’ — strings of flowers. The eptihet ‘sweet-smelling’ qualifies ‘garlands;’ the sense being that one should not offer flowers devoid of sweet smell. The epithet is proper as qualifying ‘perfumes’ also, as there are evil-smelling perfumes also, which have to be excluded.

Or, the term may stand for ‘surabhi’ incense, in which case, this term would stand by itself.

Having first given these things to the Brāhmaṇas invited in honour of the gods, he should give them to those invited in honour of the Pitṛs.

This rule, that these things shall be given first to those invited in honour of the gods, is meant to imply that before the Brāhmaṇas have commenced eating, things should be given to them in that order. When once they have begun to eat, there can be no restriction regarding the serving of the several vegetables, etc. This is the explanation that is offered; as otherwise, why should this have been laid down over and over again.

‘Unreproached’ — blameless — ‘Brāhmaṇas.’ This is a mere reiteration; as it is only such Brāhmaṇas as have been specified for being invited. Or, the use of the past-participal affix nifty be taken as prohibiting the act denoted by the verbal root; the sense being — that ‘he should not reproach, or find fault with them, after (they have been invited and seated).’ People who favour this explanation argue that it is better to abandon the denotation of the affix than give up that of the entire word; and if it is taken as a mere reiteration, the whole word becomes redundaut and meaningless. — (209)

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 278, l. 1) — see Bhā. on 205 above.

 

Comparative notes by various authors:

Baudhāyana (2.8.7). — ‘To these he shall offer water mixed with sesamum, adorn them with sandal-paint and garlands; and having obtained their permission to ‘offer in the fire,’ he shall kindle the fire and spreading kuśa-grass, pour into it three oblations of butter to Soma-Pitṛpīta, Yama-Aṅgirasvan and Agni-Kavyavāhana.’

Viṣṇu (73.12). — ‘With the mantra Eta pitaraḥ, etc., he shall offer the invitation with water mixed with kuśa and sesamum; with the mantra Yāstiṣṭhanti, etc., he shall offer for the feet water mixed with sandal-paste; — he shall then worship the Brāhmaṇas with kuśa, sesamum, clothes, flowers, ornaments, burning incense and lamp; — and taking up food poured over with butter, and with the mantra Yārudrā, etc., having looked at the food, he shall say I shall offer this into the fire, and on the Brāhmaṇas saying Do it, he shall offer the oblation.’

Yājñavalkya (1.231). — ‘Having offered water, sandal-paste and garlands, incense and lamp, he shall offer clothes and also water for washing.’

Āśvalāyana-Gṛhyasūtra (4.8.1). — ‘At this same time there should be offering of sandal-paste, garlands, incense, lamp, and clothes.’

 

 

VERSE 3.210

Section XIV - Method of Feeding

 

तेषामुदकमानीय सपवित्रांस्तिलानपि ।
अग्नौ कुर्यादनुज्ञातो ब्राह्मणो ब्राह्मणैः सह ॥२१०॥

teṣāmudakamānīya sapavitrāṃstilānapi |
agnau kuryādanujñāto brāhmaṇo brāhmaṇaiḥ saha ||210||

 

Having presented to them water, and also sesamum along with kuśa-blade, the Brāhmaṇa, permitted by the Brāhmaṇas collectively, should make an offering into fire. — (210)

 

Medhātithi’s commentary (manubhāṣya):

When the Brāhmaṇas have been smeared with perfumes, adorned with garlands and have smelt the incense, the water-offering should be presented; and, along with this, also sesamum along with Kuśa-blade; — the term ‘pavitra’ being used in the sense of Kuśa grass.

‘Having presented,’ — offered — water to the Brāhmaṇas, and being permitted by them, one should offer libations into fire. The construction is — ‘brāhmaṇaiḥ anujñātaḥ kuryāt.’

‘Collectively’ — i.e., all the Brāhmaṇas should give the permission together.

This necessity of obtaining permission implies also the use of some words to be addressed in seeking the permission; they could not grant the permission without being asked for it. From this it follows that the words to be used should be such as — ‘May I make the offering into fire,’ ‘I shall make it,’ and so forth. The use of words for according the permission is also hereby implied. All this should be done by means of correct forms, of words; this has been shown by the authors of Gṛhyasūtras — ‘He should seek their permission with such words as, May I make the offering into fire — may I do it; and they should say, Yes do it.’ — (210).

 

Explanatory notes by Ganganath Jha:

“Water-bringing is a Northern-custom according to Āpastamba 2.17.17.” — Hopkins.

 

Comparative notes by various authors:

Viṣṇu (73.12). — (See above.)

Baudhāyana (2.8.7). — (See above.)

Āpastamba Dharmasūtra (2.17.17-9). — ‘When they have taken their seats, the water-vessels should be placed in their hands; then he asks them — may this be taken up and offered into the fire; — on being permitted by them with the words — you are at liberty to take it up and offer into the fire, — he shall take it up and pour the oblation into the fire.’

Yājñavalkya (1.235). — ‘Having offered to them the Arghya and taking the droppings (from their hands) into the vessels, in the prescribed form, he shall over-turn them on the ground, with the mantra Pitṛbhyaḥ sthānamasi.’

Āśvalāyana Gṛhyasūtra (4.7.5-7). — ‘Having offered the water, and having offered the seat in the form of kuśa-blades twisted twice, — he shall offer water.’

 

 

VERSE 3.211

Section XIV - Method of Feeding

 

अग्नेः सोमयमाभ्यां च कृत्वाऽप्यायनमादितः ।
हविर्दानेन विधिवत् पश्चात् सन्तर्पयेत् पितॄन् ॥२११॥

agneḥ somayamābhyāṃ ca kṛtvā'pyāyanamāditaḥ |
havirdānena vidhivat paścāt santarpayet pitṝn ||211||

 

Having at fir st brought about the satisfaction of Agni and Soma-Yama by the offering of sacrificial food, he should afterwards satisfy, according to rule, the Pitṛs. — (211).

 

Medhātithi’s commentary (manubhāṣya):

It is now described what is to be done in the Fire.

The Genitive in ‘agneḥ’ has the sense of the Dative;

Agni is one deity, and Soma-Yama conjointly form one conjunct deity; just like Agni-Soma.

Of these two deities, ‘having brought about at first, the satisfaction, by the offering of sacrificial food, he should afterwards satisfy the Pitṛs.’ That is, he should offer balls of food and feed the Brāhmaṇas.

In the Gṛhyasūtra, other deities have been prescribed; so that the deities mentioned in the present text are for those who have no Gṛhyasūtra of their own.

‘Satisfaction’ stands for sustenance. That gods are sustained by sacrificial food, is a laudatory exaggertion. — (211).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 1353), which adds the following notes: — The meaning is that ‘after having made offerings to (1) Agni, (2) Soma and (3) Yama, one should satisfy the Fathers who are present in the person of the invited Brāhmaṇas’; — according to the explanation given by Medhātithi and Harihara, we have only two deities here — (1) Agni and (2) the joint deity Soma-Yama; and the genitive ending in ‘agneḥ’ has the sense of the Dative, and this conjoint deity is to be accepted only by those in whose Gṛhya such a joint deity is mentioned. Our view is that the two, Soma and Yama, are to be treated separately, not jointly, as is clear from the reading ‘agnisomayamānāñca’ adopted by some Nibandhas.

 

Comparative notes by various authors:

Baudhāyana (2.8.7). — (See under 209.)

Āśvalāyana Gṛhyasūtra (4.8.4). — ‘Then he pours the oblation into fire, as declared before.’

 

 

VERSE 3.212

Section XIV - Method of Feeding

 

अग्न्यभावे तु विप्रस्य पाणावेवोपपादयेत् ।
यो ह्यग्निः स द्विजो विप्रैर्मन्त्रदर्शिभिरुच्यते ॥२१२॥

agnyabhāve tu viprasya pāṇāvevopapādayet |
yo hyagniḥ sa dvijo viprairmantradarśibhirucyate ||212||

 

In the absence of Fire, he shall make the offering into the Brāhmaṇa’s hand; for it has been declared by the Brāhmaṇa seers of Vedic texts that what the Fire is, that same is the Brāhmaṇa. — (212).

 

Medhātithi’s commentary (manubhāṣya):

The present text lays down an injunction in connection with those cases where there is no fire, i.e., neither one set up according to ‘smārta’ rites, nor that kindled at marriage, nor that set up after succession. As for the ordinary fire, since sacrificing to the Pitṛs in such fire has been prohibited, there need be no consideration of the presence or absence of such fire. It is going to be said later on (verse 282) that — ‘oblations in connection with the offering to the Pitṛs should not be offered in the ordinary fire.’

Question — “How can there be any possibility of the said Fire being absent?”

Answer — It has been laid down that when a man is away from home and without his Fire, if he happen to come by a desirable place, the proper materials and the right type of Brāhmaṇas, he shall regard this as a suitable opportunity for offering Śrāddha; and it is not that the moonless day is the only one on which Śrāddha is to be performed. Hence the present rule is meant for the man who, when out on a journey, comes by a ‘sanctifier of company,’ or finds such suitable materials as the ‘Kālaśāka,’ and the like.

“How can one away from home be entitled to the performance of Śrāddhas? If the wife is also with him, away from home, then the Fire also should be with them; since it is not considered desirable for the Fire to be separated from both the sacrificer and his wife. It has been declared that — ‘for people away from home, the Fire shall not be separated.’ If the Householder should happen to go out alone, then there may be ‘absence of Fire;’ but the man is entitled to make offerings only when associated with his wife; so that, when the wife is not near him, her acquiescence being not available, how could there be any possibility of the man making use of materials belonging to both? In the case of a material belonging to both, there can be no giving away, in the absence of the desire of either party. Against this it might be argued that — ‘by the line of reasoning just put forward, it would be impossible to perform Śrāddhas in sacred places (during pilgrimages); and such non-performance would be contrary to such declarations as — ‘at Puṣkara the Śrāddha is inexhaustible, austerity is highly meritorious; the same is to be held regarding the Ocean and Prabhāsa.’ There is no force in this; as such performance would be quite possible for the man who has set up the Fire, when he goes out on pilgrimage along with his wife. In the case in question, however, since the man would be journeying with his wife, the Fire could not be absent. If, however, the man he journeying alone, then, since he would be ignorant of his wife’s wishes in the matter, he could not be entitled to the performance.”

Our answer to the above is as follows: — When a man is proceeding on a journey, he seeks his wife’s permission in the following words — ‘I shall be spending our belongings over religious performances;’ and having obtained this permission, he could be entitled to the performance of Śrāddhas.

Or, the rule laid down in the present text might pertain to boys before their initiation, at which time the Fire has not been set up; and the uninitiated boy also is entitled to the performance of Śrāddha, as has been shown under the text where it has been declared that the boy is not entitled to any rite, except the offering of Śrāddhas. Further, for the Accomplished Student also, if his father happens to die before his marriage, there would be ‘absence of fire.’

“In the Kāṭhaka, it is found stated that, on the death of the master of the house, fire should be set up (by his successor),”

This should be taken as applying to one who has married, and not to one who has merely just completed his studies. Two points of time have been laid down for the setting up of the ‘Smārta’ Fire — on marriage and on succession. So that, if one has not set up the Fire on marriage, — either because he does not set up a separate household apart from his father, or because he continues to live with his elder brother, according to the law that ‘for brothers that have not separated there is a common religious rite,’ — for such a person, there is the other point of time, on succession, according to the injunction — ‘or, from the time of succession;’ and the ‘time of succession’ is just the time when the Father dies. And it is to such cases that the following declarations apply, — ‘having become pure, one should make offerings to the Pitṛs,’ ‘one should bring fire from the fryer’s pan and then keep vigil,’ and so forth. The setting up of the Fire mentioned in these texts (referring to the Fire kindled for the day only) could not be regarded as an essential factor in Śrāddha; for, if it were so, then, before the kindling of this Fire, since the Fire would not be there, no Śrāddha could be performed. Nor, again, is it possible that such a fire (set up for a temporary purpose) should not be abandoned. It has been declared that ‘this is the Aupasada Fire, in which the culinary offerings have to be made;’ and to the culinary offerings also a man without a wife is not entitled; because of such injunctions as ‘the butter is examined by the wife,’ ‘the wife should keep the observances,’ and so forth. It will not be right to argue that — “this keeping of observances and the examining of the butter are meant to apply to cases where the wife is present;” — because both these acts have been enjoined as entirely obligatory. Hence the meaning comes to be that libations are to be poured into the ‘Aupasada’ fire.

“The father’s death is not the precise time of succession; since it has been declared that the sons shall divide the property, after having performed the Sapiṇḍīkaraṇa Śrāddha (which is done one year after death).”

The time herein mentioned is that for division, nut succession. In fact, for division also there is no such absolute rule that it must be done after the Sapiṇḍīkaraṇa; as it has been declared that ‘separation among brothers is in view of religious rites;’ and the act of separation becomes ‘religious,’ when the members separating severally perform Śrāddhas and entertain guests, and so forth. Nor will it be right to argue that such assertions as ‘the sons shall offer the nine Śrāddhas conjointly’ — refers to persons who have finished their studies. Because it may be that a man, having acquired only a little learning, marries a wife with a view to guard himself against transgressing the rule of having intercourse with one’s own wife, to which he would be prone by excess of sexual desire; but having married, be might devote greater attention to the studies he had begun, and thus complete his studies within a year, And it is with reference to such cases that we have the rule regarding the sons dividing their property after having performed the Sapiṇḍīkaraṇa.

Then again, when a man has lost a wife and is going to marry another, till he has married again, there would be ‘absence of fire.’ Specially because, in view of the general law that ‘one should make sacrificial offerings in the company of his wife,’ which shows that there can be no setting up of fire for one who has not married.

Such being the case, when Fire is absent, one should place the oblations in the hands of the Brāhmaṇa — “Of which Brāhmaṇa?” — Of one of those that have been invited; either of one who has been invited in honour of the gods, or of some other invited Brāhmaṇa.

As a laudatory description, we have the words — ‘what the Fire is, &c.’

This is the opinion of those ‘seers of mantras’ who know their meanings. — (212).

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 274, l. 19) — ‘Dvau hi kālau etc.’ — See Gautama 5. 7 — ‘Bhāryādiragnirdāyādirvā.’

The first half of this verse is quoted in Madanapārijāta (p. 581) as laying down the offering of Homa into the hand of the Brāhmaṇa. In this connection it enters into a long discussion. The text speaks of the ‘absence of fire the ‘fire’ meant here must be the Śrauta and Gṛhya fires. Absence again is of three kinds: ‘previous absence,’ ‘destruction,’ and ‘absolute absence there is ‘previous absence’ of fire prior to one’s entering the ‘Household’; — after the man has entered the Household, if the fire goes out, either through carelessness, or through the break up of the Household, there is ‘destruction’ of fire, which can be resusciated by being set up again, or by the resumption of the Household; — there is ‘absolute absence’ of fire in the case of the Life-long Student, who never marries, and therefore never sets up either the Śrauta (Sacrificial) or the Gṛhya (Domestic) fire. It is only in the case of the first two kinds of ‘absence’ of the

Sacrificial and Domestic fires, that it being impossible to set up the Fire at the time of offering the Śrāddha, the Homa should be offered into the hands and such other receptacles as have been prescribed. — Some people have held that Homa can be offered into the ordinary fire also; but according to this view there could be no ‘absence of fire,’ as the ordinary fire can always be set up without difficulty; so that there would be no occasion for advantage being taken of the permission to offer the Homa into the hand or other receptacles; and this would render the present text, and others similar to it, entirely futile. All this points to the conclusion that the Homa at Śrāddha should never be offered into the ordinary fire.

Parāśaramādhava (Ācāra, p. 739) quotes this half of the verse, and remarks that it refers only to the case of the Homas offered by a Student

It is quoted also in Mitākṣarā (on 1.237) in support of the view that the offering of Homa into the hand is meant to apply only to the Case — (1) of the Śrāddhas prescribed for the purpose of attaining a definite end, such as the one laid down to be performed under such lunar asterisms as Kṛttikā and the rest, for the purpose of attaining heaven, — (2) of the Ābhyudayika Śrāddha laid down to be performed on the occasion of the son’s marriage and such other ceremonies, — (3) of the Aṣṭakā Śrāddha, laid down to be performed on the eighth day of the month, — and (4) of the Sapiṇḍīkaraṇa Śrāddha.

The first half of the verse is quoted in Nirṇayasindhu (p. 316).

The whole verse is quoted in Hemādri (Śrāddha, p. 1337), which has the following ṅotes: — The second line is a Hetuvannigada Arthavāda, the Brāhanaṇa being eulogised as serving the same purposes as the fire into which libations are poured, — ‘mantradarśibhiḥ’, ‘by those learned in the Veda.’

 

Comparative notes by various authors:

Āśvalāyana Gṛhyasūtra (4.8.5-6). — ‘If permitted, then, it may be offered into the hands; Agni being the mouth of the Gods and the hand being the mouth of the Pitṛs, — so says the Brāhmaṇa-text.’

Jātūkarṇa (Parāśaramādhava, p. 739). — ‘In the absence of the fire, it should be offered into the right hand of the Brāhmaṇa. That is regarded as the period of absence of fire while one has not taken to a wife,’

Gṛhyakāra (Parāśaramādhava, p. 739). — ‘The Anvaṣṭakā, the monthly Pārvaṇa, the Śrāddha for obtaining specific reward, the auspicious Iṣṭi, and the unitary Śrāddha; at the first four of these, the man with the fire shall offer oblations into the fire; and at the latter four, in the hands of the Brāhmaṇas invited for the sake of the Pitṛs.’

 

 

VERSE 3.213

Section XIV - Method of Feeding

 

अक्रोधनान् सुप्रसादान् वदन्त्येतान् पुरातनान् ।
लोकस्याप्यायने युक्तान् श्राद्धदेवान् द्विजोत्तमान् ॥२१३॥

akrodhanān suprasādān vadantyetān purātanān |
lokasyāpyāyane yuktān śrāddhadevān dvijottamān ||213||

 

The ancients describe these good Brāhmaṇas as the “Gods of Śrāddha,” free from anger, easily satisfied, intent upon sustaining the universe. — (213).

 

Medhātithi’s commentary (manubhāṣya):

This is a purely laudatory declaration; and it makes the Brāhmaṇas attain the dignity of gods. [The sense being] — Agni (Fire) is a god, and when a libation is poured into the Fire, the gods eat it, through the Fire as their mouth; the Brāhmaṇas also have the same character; and whatever is placed in their hands, that also the gods eat.

“What is that character of the gods, by virtue of which the Brāhmaṇas are spoken of as having the same character?”

It is in answer to this that the text adds — ‘free from anger &c.’ As regards the question why they are so described, the explanation is that what is meant is that the libations of butter should be offered into the hands of such Brāhmaṇas as are endowed with the character here described.

Others have explained that in a foregoing verse (192),

‘freedom from anger’ and the rest have been laid down as the qualities to be sought for those invited in honour of the Pitṛs and who were meant to be eulogised, — while the present text lays down these as to be sought for in those, invited in honour of the gods. This is the difference between the two texts. It is in this sense that they have been described as ‘the gods of śrāddha.’

‘Ancients’ — i.e., the sages.

Or, we may read the term ‘purātana’ with the accusative ending; ‘ancient’ (in this case) qualifying ‘gods;’ — the ‘ancient gods’ standing for those deities born in this cycle who are called ‘sādhyas.’

‘Intent upon sustaining the universe,’ — i.e., it is with a view to gratifying people that they eat at śrāddhas; hence one should not think that ‘these men are eating through greediness, and for the purpose of obtaining the perceptible pleasure (of eating tasty food), and hence why should any honour be rendered to them?’ Because these men sustain the universe, — i.e., the Earth, the Sky and the Heaven; therefore, they should not be treated with disrespect. — (213)

 

Explanatory notes by Ganganath Jha:

Burnell is not right in saying that “Medhātithi omits verses 213-14.”

‘Purātanān’ — ‘Those deities born in this cycle who are called Sādhyas’ (Medhātithi, who adopts this reading only as an alternative, his own reading being ‘purātanāḥ’ explained as ‘the ancient sages’ and construed as nominative to the verb ‘vadanti’); — ‘Those whose succession has been uninterrupted since immemorial times’ (Govindarāja, Kullūka and Rāghavānanda); — ‘Those who were produced before all other castes’ (Nārāyaṇa)

 

Comparative notes by various authors:

Mahābhārata (13.237.31). — ‘At the Śrāddha, one should invite such persons as are free from anger, not fickle, tolerant, self-controlled, with senses suppressed, and benevolent towards all beings.’

 

 

VERSE 3.214

Section XIV - Method of Feeding

 

अपसव्यमग्नौ कृत्वा सर्वमावृत्य विक्रमम् ।
अपसव्येन हस्तेन निर्वपेदुदकं भुवि ॥२१४॥

apasavyamagnau kṛtvā sarvamāvṛtya vikramam |
apasavyena hastena nirvapedudakaṃ bhuvi ||214||

 

Having done the entire serial performance in Fire, in the “Apasavya” form, he should offer water on the ground with the hand in the “Apasavya” position. — (214)

 

Medhātithi’s commentary (manubhāṣya):

What is done in fire, in the form of pouring the libation, with the words, ‘agnaye svadhā namaḥ’ (‘this is an offering for Agni,’) should be done in the ‘apasavya’ form.

Some people explain the term ‘apasavya’ to mean that the act should be done with the right hand, not with the left, nor by both; in view of the prohibition contained in verse 225 below. This, according to these people, has been added, in view of it being thought possible to do the act with both hands.

This, however, is not right. Because the ‘apasavya form’ here enjoined is in reference to the ‘serial performance’ of those libations that are poured into Fire; hence, what is meant is that the libations should be poured in such a manner that they tend towards the South, not towards the North; — this latter being what is right in the case of offerings to the gods. That is to say, when the sacrificial material is being poured with the ladle, one should be facing the South, and not the North — this rule standing on the same footing as that which prescribes the pouring of water-libations to the Pitṛs in such a manner that it flows between the thumb and the index-finger.

The epithet ‘entire’ indicates that all such acts as the placing of the material in the dish, and so forth, should be done in the ‘apasavya’ form.

‘He should offer water with the hand in the apasavya position,’

‘Śanaiḥ’ (for ‘bhuvi’) is another reading.

The purpose of this rule is that it has been emphasised with a view to preclude the use of silver implements (according to 202).

‘Āvṛt’ stands for ‘Āvṛtti,’ ‘repetition.’ — (214)

 

Explanatory notes by Ganganath Jha:

‘Apasavyam’ — ‘In such a manner that they tend towards the South’ (Medhātithi); — ‘Passing the sacrificial thread over the right shoulder under the left arm’ (Nārāyaṇa); — ‘with the right hand’ (‘others’ in Medhātithi, which he rejects).

‘Āpasavyena hastena’ — ‘With the right hand’ (Kullūka). This explanation, which Buhler wrongly attributes to ‘others’ (in Medhātithi), is really put forth by Medhātithi in connection with the former term ‘Apasavyam’, and not the second expression ‘Āpasavyena hastena.’ Nor is it right to say that according to Medhātithi this second expression means ‘out of the Tīrtha of the right hand which is sacred to the Manes’; because, as a matter of fact, Medhātithi has given no explanation of this expression at all. Buhler seems to have got an imperfect copy of Medhātithi; or did he not pay careful attention to reading it?

This verse is quoted in Madanapārijāta (p. 601) without any comment; — and in Hemādri (Śrāddha, p. 1321) as distinctly laying down the ‘Prācīnāvīta’.

 

Comparative notes by various authors:

Laghu-Āśvalāyana Smṛti (13.73-74). — ‘On the spot which is sloping towards the south-east, he shall draw a line with the mantra Apahata, etc.; he shall spread kuśa over it and then adopting the Apasavya form, he shall sprinkle water over it with the mantra Śundhantām, etc.; and then upon the kuśa he shall offer the balls.’

 

 

VERSE 3.215

Section XIV - Method of Feeding

 

त्रींस्तु तस्माद् हविःशेषात् पिण्डान् कृत्वा समाहितः ।
अउदकेनैव विधिना निर्वपेद् दक्षिणामुखः ॥२१५॥

trīṃstu tasmād haviḥśeṣāt piṇḍān kṛtvā samāhitaḥ |
audakenaiva vidhinā nirvaped dakṣiṇāmukhaḥ ||215||

 

Having made these balls out of the remnant of the said sacrificial material, he should, with collected mind and facing the South, offer them in the manner of the water-libations. — (215)

 

Medhātithi’s commentary (manubhāṣya):

From out of the material that had been held in the vessel, and out of which the fire-oblations have been offered, — ‘having made three bails,’ turning bis face towards the South, he should ‘offer them’ — i.e., throw them on the kuśa-grass, with reference to the Pitṛs.

The term ‘piṇḍa,’ ‘ball,’ stands for something solid; hence, one should not, in this connection, offer disintegrated articles of food.

‘In the manner of the water-libations’ — i.e., the manner of offering water-libations, which has been just pointed out (in the preceding verse).

In this connection, the following question arises: — “Should the purificatory rites necessary for the sacrificial material be performed over the substance taken out of the food that has been cooked for feeding the Brāhmaṇas? — or, should separate rice be cooked? — and also what should be the quantity of that sacrificial material? The rule laying down ‘four handfulls’ cannot apply to this case.”

This question has been already discussed; in the absence of any specific rules on the subject, one is free to do what one likes; and the quantity should be just what may be necessary for the purpose in view.

Inasmuch as ‘the manner of the water-libations’ is laid down as applicable to the offering of balls, it follows that this latter offering is to be done with ‘hands in the apasavya position,’ and not with silver implements.

‘With collected mind’ — this has been added for the purpose of filling up the metre. — (215)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 601), without any comment; — and in Hemādri (Śrāddha, p. 1427), which adds the following notes: — ‘Tasmāt haviḥśeṣāt’, out of the remnant of the substance offered into the Fire, — ‘audakavidhi’ stands for the method by which an offering of water is made with hands in the Apasavya form, as laid down in the preceding verse.

 

Comparative notes by various authors:

Viṣṇu (73.17-19). — ‘Near the food-remnant, upon kuśa-blades pointing southwards, he shall deposit one ball for his father, with the mantra Pṛthivī darvirakṣitā, etc.; — the second to the grand-father, with the mantra Antarikṣam darvirakṣitā, etc.; the third to the great-grand-father, with the mantra Dyaurdarviraksiṭā, etc.’

Yājñavalkya (1.241-242). — ‘Taking up all the food and mixing it up with sesamum, he shall offer the balls near the food-remnant, in the manner of the Pitṛyajña.’

Laghu-Āśvalāyana (13.74). — (See above.)

 

 

VERSE 3.216

Section XIV - Method of Feeding

 

न्युप्य पिण्डांस्ततस्तांस्तु प्रयतो विधिपूर्वकम् ।
तेषु दर्भेषु तं हस्तं निर्मृज्याल्लेपभागिनाम् ॥२१६॥

nyupya piṇḍāṃstatastāṃstu prayato vidhipūrvakam |
teṣu darbheṣu taṃ hastaṃ nirmṛjyāllepabhāginām ||216||

 

Self-controlled, he should, after having offered those balls on Kuśa-blades, according to rule, wipe that hand on those same (Kuśa-blades), for the sake of the “Partakers of Smearings.” — (216)

 

Medhātithi’s commentary (manubhāṣya):

‘Nyupya’ — ‘having offered,’ — ‘on kuśa-blades’ — he should wipe that hand on those same kuśa-blades, — those same on which the balls have been offered.

In accordance with the opinion of other Smṛtis, the wiping is to be done on the root-end of the kuśa-blades.

Others have held that this rule does not mean simply that the food and water attaching to the hand should be so wiped; in fact, even though nothing may be attached to the hand, yet even the hand itself should be wiped on the blades. The reason for this is that the act here prescribed is not in the nature of the ‘disposal of remnants,’ in which case alone it could he held to be done only when the stated conditions would be present. Specially as what is prescribed is, not that ‘one should wipe what is attaching to the hand,’ but that ‘he should wipe the hand.’

Against this it might be argued that — “we find it stated that the act is ‘for the sake of the Partakers of Smearings,’ which shows that it cannot be done when there is no ‘smearing’ at all. Why, then, should it be said that, even when there is nothing sticking to the hand, the act should be done?”

The answer to this is as follows: — It is possible that solid food may not stick to the hand; but when the ball of food is being rolled up, the juices of the food are sure to stick to the hand, by reason of the contact with heat; and it is this that is called the ‘smearing.’

The genitive ending in ‘lepabhāginām’ connotes the connection of the act of wiping with the particular class of Pitṛs. Any such beings as ‘Partakers of Smearings’ are not visible to the eye; hence it is not possible to bring about their ‘possession’ in connection with the ‘smearing.’ Hence, all that is meant is that ‘one should think in his mind that the smearing is meant to be the share of the ‘Partakers of Smearings;’ or, he may even say this in so many words.

Others have held that ancestors above the great grandfather are spoken of as ‘Partakers of Smearings.’ According to this view, if the names of those ancestors are not pronounced, they may be referred to by means of such expressions as ‘this to the father of my great-grandfather,’ ‘this to the grandfather of my great-grandfather,’ and so forth.

The singular number in ‘hand’ shows that the ball is to be offered with a single hand in the ‘apasavya’ form.

‘Self-controlled’ — this is a mere reiteration: such control having been already prescribed above.

‘According to rule’ — refers to the rules of procedure laid down in other scriptures; e.g., Śaṅkha says — ‘One should offer the ball along with sandal-paint, garlands, incense, doth and dressings.’ The ‘rule’ that has been prescribed in the text by Manu himself has been stated in his own words; hence the phrase, ‘according to rule,’ would be meaningless (if it referred to that rule itself). It is for this reason that this phrase should be taken as summing up the details prescribed in other scriptures. — (216).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 601), without comment; — in Parāśaramādhava (Ācāra, p. 754) as laying down what should be done after the offering of the Balls has been made; — in Smṛtitattva (p. 177), which explains that the ‘Lepabhāginaḥ,’ ‘Partakers of smearings’ are the ancestors, the great-great-grandfather, his father and his grandfather; — one’s own father, grandfather and great-grandfather being called ‘pīṇḍabhāginaḥ’; — the same explanation is repeated by the same work on p. 239.

It is evidently a misprint in Buhler’s note where he includes the ‘great-grandfather’ under the ‘lepabhāginaḥ’.

This verse is quoted in Aparārka (p. 507); — in Hemādri (Śrāddha, p. 1449), which has the following notes: — ‘Nyupya’, having deposited on the kuśa-grass, — ‘prayataḥ’ with proper care, — such care as implies concentration of mind, freedom from forgetfulness and so forth; in fact it stands for the entire procedure, — ‘vidhipūrvakam’ refers to rules prescribed in ordinances other than those of Manu himself, — ‘teṣu darbheṣu’, those kuśa-blades upon which the Balls have been deposited, — ‘tam’, that hand by which the Ball has been offered — ‘lepabhāginaḥ’ i.e., intended for those Pitṛs who are entitled to the ‘smearings’ i. e., the four ancestors, above the great-grandfather; — and in Śrāddhakriyākaumudī (p. 190).

 

Comparative notes by various authors:

Viṣṇu (73.22). — ‘The hand should be rubbed over the root-end of the kuśa-blades, with the mantra atra pitaro mādayadhvam

Vyāghra (Aparārka, p. 507). — ‘The smearing of the hand one should wipe at the root-end of the kuśa.’

 

 

VERSE 3.217

Section XIV - Method of Feeding

 

आचम्यौदक्परावृत्य त्रिरायम्य शनैरसून् ।
षड् ऋतूंश्च नमस्कुर्यात् पितॄनेव च मन्त्रवत् ॥२१७॥

ācamyaudakparāvṛtya trirāyamya śanairasūn |
ṣaḍ ṛtūṃśca namaskuryāt pitṝneva ca mantravat ||217||

 

Turning to the north, having sipped water and having gently suppressed his breath three times, he shall salute, with proper formulas, the six seasons and also the Pitṛs. — (217)

 

Medhātithi’s commentary (manubhāṣya):

Having placed the balls on the kuśa-grass, he should turn towards the North, leftwards; since we read in another Smṛti — ‘turning to the left, towards the north.’

Seated with his face towards the North, he should sip water. ‘Having sipped water’ — he should perform ‘breath-suppression’ three times; e.g., simply supressing the breath three times — only this much; — the rule relating to the repeating of the Gāyatrī verse along with the ‘Śiras’ formula (Yājña. Ācāra 23) not applying to the present case.

‘Gently’ — so that there may not he much pain. This is what has been asserted (elsewhere) in the words — ‘having suppressed the breathing as much as one can.’

Still facing the North, he should salute, &c., &c. — saying, ‘Salutation to the spring!’ and so forth.

He should also salute the Pitṛs; ‘with proper formulas with the mantra, ‘Na mo vaḥ pitaraḥ, &c., &c.’ This saluting of the Pitṛs should be done with face turned towards the Balls; for another Smṛti says that this is to be done by ‘turning round.’ — (217).

 

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 241), which explains the word ‘mantravat’ (the reading adopted by it, along with Medhātithi, in place of ‘mantravit’), as referring to the Yajurveda-text — ‘namo vaḥ pitaro rasāya — namo vaḥ pitaraḥ śoṣāya — namo vaḥ pitaro jīvāya — namo vaḥ pitaraḥ svadhāyai — namo vaḥ pitaro ghorāya — namo vaḥ pitaro manyave,’ where, according to Halāyudha, the six names — ‘Rasa — Śoṣa — Jīva — Svadhā — Ghora — and Manyu’ — stand respectively for the six seasons — Spring, Summer, Rains, Autumn, Pre-winter and Mid-winter; and what is meant is that these should be thought of as ‘Pitṛs’ and then saluted. — It further adds that as no such ‘salutation to the Seasons’ is spoken of in Gobhila’s Gṛhyasūtra, what Manu says should be taken as applying to Brāhmaṇas other than those who belong to the Sāmaveda.

Madanapārijāta (p. 601) also quotes this verse, and adds that the salutation to the Seasons is to be made with the mantra — ‘namo vaḥ pitaraḥ &c., &c.’

Nirṇayasindhu (p. 328) quotes this verse, and adds that Medhātithi has explained the phrase ‘trirāyamya asūn’ as ‘triḥ prāṇāyāmam kṛtvā.’

It is quoted in Aparārka (p. 507); — in Hemādri (Śrāddha, p. 1451) to the effect that the sipping of water should be done after the washing of the hand; — and in Śrāddhakriyākaumudī (p. 193), which adds that the mantra for bowing to the seasons begins with ‘vasantāya’ and that for saluting the Pitṛs, with ‘amīmadanta.’

 

Comparative notes by various authors:

Laghu-Āśvalāyana (13.75). — ‘Having taken leave with the mantra, Atra, etc., he shall turn towards the north and restrain his breath.’

 

 

VERSE 3.218

Section XIV - Method of Feeding

 

उदकं निनयेत्शेषं शनैः पिण्डान्तिके पुनः ।
अवजिघ्रेच्च तान् पिण्डान् यथान्युप्तान् समाहितः ॥२१८॥

udakaṃ ninayetśeṣaṃ śanaiḥ piṇḍāntike punaḥ |
avajighrecca tān piṇḍān yathānyuptān samāhitaḥ ||218||

 

The remaining water he should gently pour near the balls; and with collected mind he should smell those halls in the order in which they were offered. — (218).

 

Medhātithi’s commentary (manubhāṣya):

Water should be poured again near the balls, out of the same vessel from which it had been poured upon the kuśa-blades, before the offering or the balls.

‘Remaining’; — this is meant to show that, the net mentioned is to be regarded as the ‘disposal of remnants;’ it is only in this sense that the term ‘remaining’ becomes justifiable. From this it follows that, in the event of there being no ‘remnant,’ there shall be no ‘pouring.’ But in the Gṛhyasūtra, it has been declared that this ‘pouring of water’ is obligatory.

‘He should smell these balls;’ — ‘smelling,’ consists of eeling the odour; but in the Gṛhyasūtra it is said that ‘he should eat it with his breath.’

‘in the order in which they were offered,’ — the order in which they were offered being, first to the father, second to the grandfather, and third to the great-grandfather; — ‘with collected mind’ — this is for filling up the metre. — (218.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 601), without comment — The first half is quoted in Nirṇaya sindhu (p. 328); — and the second half in Aparārka (p. 508); — and in Śrāddhakriyākaumudī (p. 201), which adds that the ‘smelling’ is to begin with the Ball offered to the Father.

 

Comparative notes by various authors:

Viṣṇu (73.23-24). — ‘With the mantra ūrjam vahantīḥ, etc., he shall pour water over the balls and then offer washing-water, flowers, sandal-paste and articles of food, as also the cup of water mixed with honey, butter and sesamum.’

Laghu-Āsvalāyana (13.76-77). — ‘With the mantra

Amimadanta, etc., he shall turn back and then eat the remnant of the cooked food; or, according to some, only smell it; — he shall then sprinkle water over the balls, as before, with the mantra Śundhantām, etc.

Bṛhaspati (Aparārka, p. 508). — ‘Having worshipped the water-pot with sandal, flowers, garlands, incense, lamp, cloth and unguents, he should pour ṭhe water on the balls.’

 

 

VERSE 3.219

Section XIV - Method of Feeding

 

पिण्डेभ्यस्त्वल्पिकां मात्रां समादायानुपूर्वशः ।
तानेव विप्रानासीनान् विधिवत् पूर्वमाशयेत् ॥२१९॥

piṇḍebhyastvalpikāṃ mātrāṃ samādāyānupūrvaśaḥ |
tāneva viprānāsīnān vidhivat pūrvamāśayet ||219||

 

Having, in due order of sequence, taken very small portions out of the halls, he shall first feed those same seated Brāhmaṇas with them, in accordance with role. — (219).

 

Medhātithi’s commentary (manubhāṣya):

Extremely small portions — parts of the ball offered to the Father should be made to be eaten by the Brāhmaṇa who has been previously seated in honour of the Father.

‘In due order of sequence’; — the meaning of this has been already explained.

The pronoun ‘those’ refers to those mentiond in the present context; and, it is in view of this that, in 212, our author has not thought it necessary to specify the Brāhmaṇa as the one thus mentioned.

‘Frst’ — i.e., before every other kind of food. — (219).

 

Explanatory notes by Ganganath Jha:

‘Vidhivat’ — ‘Giving to the Brāhmaṇa invited in honour of the Father a piece out of the Ball offered to the Father, and so forth’ (Kullūka); — ‘after they have sipped water, and so forth’ (Nārāyaṇa).

“Nandana inserts here verse 223 and states that it is explanatory of the term ‘according to rule.’” — Buhler.

This verse is quoted in Śrāddhakriyākaumudī (p. 326); — and in Hemādri (Śrāddha, p. 1476).

 

Comparative notes by various authors:

Matsya-Purāṇa (quoted in Caturvarga-cintāmaṇi-Śrāddha, p. 24-76). — ‘Having taken, in due order, portions out of the balls, the man shall, with due care, have them eaten by those same Brāhmaṇas. Having at first placed in their hands the pavitra-kuśa along with water and sesamum, he shall offer the portions of the balls, saying svadhaiṣāmastu.’

 

 

VERSE 3.220

Section XIV - Method of Feeding

 

ध्रियमाणे तु पितरि पूर्वेषामेव निर्वपेत् ।
विप्रवद् वाऽपि तं श्राद्धे स्वकं पितरमाशयेत् ॥२२०॥

dhriyamāṇe tu pitari pūrveṣāmeva nirvapet |
vipravad vā'pi taṃ śrāddhe svakaṃ pitaramāśayet ||220||

 

While his father holds, one should make the offering to the previous ancestors; or, he may feed his own father at the Śrāddha as a Brāhmana. — (220).

 

Medhātithi’s commentary (manubhāṣya):

It has been said that ‘one shall offer balls to the Pitṛs.’ Now the question arises — Who are these ‘Pitṛs?’ The term ‘pitṛ’ has several meanings, and denotes ‘progenitor’; (A) it is used in the sense of the relative term, ‘father’; (B) it is also used in the sense of one’s father and other relations that have died before. It is in this latter sense that we have the term used in the plural in all such Nigada-mantras as ‘namo vaḥ pitaraḥ, &c.’. It is for the same reason, again, that at the Śrāddha offered to females, these mantras do not undergo transmutation into the form ‘namo vo mātaraḥ, &c.;’ on the same grounds, again, at the the Śrāddha offered to a single person, it is only the number that is changed, not the basic noun (pitṛ). Says the author of the Sutra also — ‘Mantras should be transformed only in regard to the singular number;’ the transformed words being — ‘namaste pitaḥ.’ Similarly, he who performs the unitary Śrāddha of his brother or grandfather, uses the mantra in the form ‘namaste bhrātaḥ,’ ‘namaste pitāmaha,’ ‘namaste pitṛvya,’ and so forth. The offering of Śrāddha to one’s childless uncle has been enjoined as necessary, in such passages as — ‘what one receives from another that he shall give unto him.’ (C) Further, the term ‘pitṛ’ also denotes a particular Deity; and in this sense, it would stand for an unchanging eternal being. In fact, the author of the Nirukta, in the Daivata Section of the work, gives the name ‘Pitṛ,’ to the divine Beings occupying the Middle Regions, describing them as ‘Pitṛs, the Maruts bearing the rosary of beads.’

The term ‘pitṛ,’ thus having several meanings, the Text proceeds to specify what is meant by it in the present context.

‘While his father holds,’ — is alive — ‘one should make the offering to the previous ancestors,’ — ‘i.e., to the three, the grandfather, the great-grandfather and the father of the latter; that these three are meant is indicated by the plural number. Says the Gṛhyasūtra — ‘The son should offer to those to whom the father offers, if both father and son are persons who have set up the fire.’

“But they say that the ball does not reach the fourth ancestor.”

True; but, in the case in question, no fourth ball is offered.

The text provides another alternative course to be adopted — ‘As a Brāhmaṇa, etc.’ That is, Brāhmaṇas, Religious Students and Ascetics are invited and honoured and worship-pod and fed; and exactly in the same manner should the father be honoured and fed by one whose father is still alive ‘at the Śrāddha,’ — i.e., the food cooked for the Śrāddha offerings.

In this case, the fact of the man being his father, is the sole ground for his being fed; hence it is not necessary to look into his caste and qualifications. To this end they declare thus: — ‘The Śrāddha is for the purpose of giving pleasure to one’s ancestors’; — hence the bringing about of the pleasure of the dead father being necessary, what harm would there be in feeding the living father, in view of which he could not be fed?

‘Own’ — Is merely reiterative; what is denoted by this being already connoted by the relative term, ‘father,’ itself.

What is laid down here is the actual feeding of the Father; but the Balls are placed for the Pitṛs on Kuśa blades; as otherwise, there would be an incompatibility with the formula ‘this ball is for you.’ If the Kusba-blades be regarded as substitutes for the Dish, then, in the event of the living Father’s possession being brought about (by the act of offering), it would not be right to make him eat ‘a very small portion;’ because, for the living person, the eating is to be in accordance with the eater’s desire. Further, in this case, there would be no need of pouring water and other things over the ball offered; as such a process would lead to the undesirable contingency of a ‘hybrid performance;’ any effect produced by the pouring of water, in this case, would serve no useful purpose, cither for the man himself or for his father; so that it could only serve an imperceptible transcendental purpose; on the other hand, if water were not poured over the ball, it might be fit for being eaten either by the father, or by the offerer himself, or by some one else. It is in this way that the act may turn out to be of a ‘hybrid’ character.

For these reasons, it follows that, in this alternative, the ball is to be offered to only two persons, the grandfather and the great-grandfather.

The authors of the Gṛhyasūtras, however, declare that — ‘for one whose father is alive there is neiher Piṇḍapitṛyajña, nor Śrāddha; — there is either non-performance of these rites, or their performance only up to the stage of pouring libations into fire.’ — (220)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 542), which explains ‘pūrveṣām’ as ‘the three beginning with the grandfather’. Hopkins is not right when he says that “in this case he offers of course only two Balls.”

The first half is quoted in Nirṇayasindhu (p. 361), in support of the view that the Ball should be offered to the Father’s father, grandfather and great-grandfather.

The verse is quoted in Śrāddhakriyākaumudī (p. 553), which has the following notes; — ‘Pūrveṣām,’ the father’s forefathers; another alternative is that the living Father should be respectfully fed and then Śrāddha offered to the next two ancestors, i.e., the grandfather and the greatgrandfather.

 

Comparative notes by various authors:

Viṣṇu (75.1). — ‘If one performs the Śrāddha while his father is alive, he shall offer it to those whom his father offers it.’

 

 

VERSE 3.221

Section XIV - Method of Feeding

 

पिता यस्य निवृत्तः स्याज् जीवेच्चापि पितामहः ।
पितुः स नाम सङ्कीर्त्य कीर्तयेत् प्रपितामहम् ॥२२१॥

pitā yasya nivṛttaḥ syāj jīveccāpi pitāmahaḥ |
pituḥ sa nāma saṅkīrtya kīrtayet prapitāmaham ||221||

 

He whose father is dead, but grandfather is living, should mention the great-grandfather after having pronounced the name of the father. — (221)

 

Medhātithi’s commentary (manubhāṣya):

The pronouncing of the Father’s name stands here for his invitation, offering of the ball and the feeding of Brāhmaṇas.

‘Should mention the great-grandfather;’ — i.e., he should not make any offering to the living grandfather; it should be made to his previous ancestors; as it has been declared that ‘one should make offerings to his father’s ancestors.’ — (221)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 542), which, in explaining the phrase ‘pituḥ svanāma saṅkīrtya,’ says that in offering the Ball — to his own great-grandfather, e.g., he should refer to him as ‘the grandfather of my father, so aṇd so’; — also in Nirṇayasindhu (p. 362) in support of the view that if the grandfather be living, the offerings; should be made to the Father, the great-grandfather and the great-great-grandfather; — and in Śrāddhakriyākaumudī (p. 553), which notes that ‘nāmakīrtaṇa,’ ‘mentioning of the name’ stands for ‘offering the Śrāddha’ and ‘prapitāmaha,’ ‘great-grandfather’ means the ‘great-great-grandfather’ also.

 

Comparative notes by various authors:

Viṣṇu (75.4). — ‘He whose father is dead shall offer the ball to his father and then to the two ancestors above the grand-father.’

Laghu-Ā svalāyana (20.38). — ‘If the father dies while the grand-father is alive, three balls shall be offered beginning with the great-grand-father.’

 

 

VERSE 3.222

Section XIV - Method of Feeding

 

पितामहो वा तत्श्राद्धं भुञ्जीतैत्यब्रवीन् मनुः ।
कामं वा समनुज्ञातः स्वयमेव समाचरेत् ॥२२२॥

pitāmaho vā tatśrāddhaṃ bhuñjītaityabravīn manuḥ |
kāmaṃ vā samanujñātaḥ svayameva samācaret ||222||

 

Manu has declared that either the grandfather may eat at that Śrāddha, or the man himself may, according to his will, perform it, after being permitted by him. — (222)

 

Medhātithi’s commentary (manubhāṣya):

Just as the living father is fed, so is the grandfather also.

Having sought permission from the grandfather, the man himself may perform the śrāddha; i.e., he should make the offering to the two remoter ancestors, or to the great-grandfather only. This is what is implied by the terms ‘may’ and ‘according to his will.’ — (222)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted without comment in Madanapārijāta (p. 542); — also in Nirṇayasindhu (p. 362); — and in Śrāddhakriyākaumudī (p. 554), which notes that ‘Śrāddham’ stands for the ‘Śrāddha-oflferings,’ the things offered; as the ‘Śrāddha’ itself cannot be eaten, the meaning is that the living grandfather should be fed on the substances offered at the Śrāddhas, and then the offerings made to the dead Father and Great-grandfather.

 

Comparative notes by various authors:

Viṣṇu (quoted by Kullūka). — ‘Or, he shall perform two Śrāddhas — to the father and to the grand-father.’

 

 

VERSE 3.223

Section XIV - Method of Feeding

 

तेषां दत्त्वा तु हस्तेषु सपवित्रं तिलौदकम् ।
तत्पिण्डाग्रं प्रयच्छेत स्वधैषामस्त्विति ब्रुवन् ॥२२३॥

teṣāṃ dattvā tu hasteṣu sapavitraṃ tilaudakam |
tatpiṇḍāgraṃ prayaccheta svadhaiṣāmastviti bruvan ||223||

 

Having poured into their hands water and sesamum along with kuśa blades, he should offer the top portion of the ball, saying “May this be svadhā to these.” — (223)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (219) that — ‘he shall make them eat very small portions of the balls;’ and the present text lays down the time for this feeding — and the place (from which the portion is to be drawn). The portion is to be taken from the top of the ball; and this portion of the ball should be offered after the Kuśa-blades and water and sesamum have been offered.

‘Saying — May this be svadhā to these.’ The pronoun ‘these’ stands for the individual names; the construction being — ‘having pronounced the names of the particular ancestor, he should say, May this be svadhā to him.’ In this sense, the Dative should be used in connection with the term ‘svadhā,’ — the right form being — ‘svadhā Devadattaya astu,’ ‘svadhā Yajñadattāya astu,’ ‘may this be svadhā to Devadatta,’ ‘may this be svadhā to Yajñadatta,’ and so forth.

By explaining our text thus, we do not run counter to other scriptural injunctions. — (223)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 1476).

 

Comparative notes by various authors:

Matsya-purāṇa — (Caturvarga-cintāmaṇi-Śrāddha, p. 2476). — (Reproduces Manu.)

 

 

VERSE 3.224

Section XIV - Method of Feeding

 

पाणिभ्यां तूपसङ्गृह्य स्वयमन्नस्य वर्धितम् ।
विप्रान्तिके पितॄन् ध्यायन् शनकैरुपनिक्षिपेत् ॥२२४॥

pāṇibhyāṃ tūpasaṅgṛhya svayamannasya vardhitam |
viprāntike pitṝn dhyāyan śanakairupanikṣipet ||224||

 

Taking up with his hands the supply of food, he shall himself gently place it near the Brāhmaṇas, thinking of his Pitṛs (all the time). — (224)

 

Medhātithi’s commentary (manubhāṣya):

With both hands he should himself take up ‘the supply of food,’ — i.e., the dish supplied with food, — from the kitchen-house, to the place where the Brāhmaṇas are being fed, and — ‘place it near the Brāhmaṇas.’

Others explain the verse as follows: — The term ‘vardhitam,’ ‘supply,’ stands for the massed food; this he should place before the Brāhmaṇas, ‘thinking of his Pitṛs’ — i.e., in his mind saying, ‘this is for you’ — he should scatter the food.

This is not right. Later on (228), our author is going to declare that ‘having brought up the food, he should serve it all;’ hence the ‘placing’ mentioned in the present verse must simply mean the bringing of the food from another place and depositing it near the Brāhmaṇas. — (224)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 1368), which has the following notes: — ‘Annasya vardhitam’, ‘pot filled with food’, should be brought from the kitchen, with both hands, and placed before the Brāhmaṇa, in a clean place, — ‘śanakaiḥ’ gently, so that the pot does not break or make any sound, — ‘Svayam’, himself, — this is the best course; other Smṛti texts permit of the cooking etc. being done by the wife; — in ‘Śrādhakriyākaumudī (p. 158), which explains ‘vardhitam’ a s ‘filled’; — it adds that the man should himself place the vessel near the Brāhmaṇa on the square platform made for that purpose and in Gadādharapaddhati (Kāla, p. 545), which explains ‘annasya’ as ‘annena’ and ‘vardhitam’ as ‘filled’.

It is quoted in Smṛtitattva (p. 229), which adds the following notes: — The genitive ending in ‘annasya’ has the sense of the instrumental; — ‘vardhitam’ means ‘filled’, which qualifies the ‘pātra, receptacle’ understood; — ‘upanikṣipet’ — keep near, for serving; i. e., the food should not be served into the dish directly from the cooking-pot; the cooking pot should be brought near the dish, and placed on the ground; the food should be served on the dish with the two hands, with which another vessel is held.

It is quoted in Aparārka (p. 492), which adds the explanation that ‘the man should carry with his own hands the vessel which has been filled with food in a place other than the one where the Brāhmaṇas are to be fed, to a place near the Brāhmaṇas and keep it there gently, all the time thinking of his Pitṛs’; — ‘annasya vardhitam’ meaning that quantity of food which has been set aside as the share of one feeder.

 

Comparative notes by various authors:

Kālikāpurāṇa (Do. p. 1369). — ‘Self-controlled, and with speech suppressed, he shall, with his two hands, place the dish before the Brāhmaṇa and then serve out the articles of food.’

Yama (Do.). — ‘Bringing up the food, he shall feed the Brāhmaṇas with care, — serving to them cooked rice, soup, butter, vegetables, meat, curds, milk and honey.’

Śaunaka. — ‘ Bringing up all the food that has been cooked, he shall begin to serve each article separately.’

Paiṭhīnasi. — ‘Having dressed up the Brāhmaṇas, he shall serve to them meat, cakes, curds, butter, milk-pudding, mixed rice, and preparations of fruits.’

 

 

VERSE 3.225

Section XIV - Method of Feeding

 

उभयोर्हस्तयोर्मुक्तं यदन्नमुपनीयते ।
तद् विप्रलुम्पन्त्यसुराः सहसा दुष्टचेतसः ॥२२५॥

ubhayorhastayormuktaṃ yadannamupanīyate |
tad vipralumpantyasurāḥ sahasā duṣṭacetasaḥ ||225||

 

The wicked-minded demons forcibly destroy that food which is abandoned by both hands. — (225)

 

Medhātithi’s commentary (manubhāṣya):

The food should be fetched and served with both hands, not with one hand, serving also being a kind of fetching; hence, the rule laid down in connection with the latter is applicable to the former also. In support of this, the present verse supplies a commendatory supplement.

That which is ‘abandoned’ — not held — ‘by both hands,’ such food, when brought up for serving, — the ‘demons destroy’ ‘forcibly,’ — ‘wicked-minded’ — of malevolent nature; — ‘demons’ i.e., the enemies of gods.

In ‘ubhayoḥ,’ ‘both,’ the Locative ending denotes location; and ‘abandoned’ means not held. As a matter of fact, case-endings are used even when what is spoken of is the negation of what is denoted by the ending; e.g., we have such expressions as ‘he does not come from the village,’ ‘he does not sit on the seat,’ ‘he does not fast for three dags.’ [Similarly, in the text though negation of holding is mentioned, yet we have the Locative ending denoting location]. — (225)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 439); — in Hemādri (Śrāddha, p. 1368), which explains the meaning as ‘the food that is not brought by both hands is taken away by force’ (‘sahasā’) by the wicked (duṣṭacetasaḥ) ‘Asuras’; — in ‘Śrāddhakriyākaumudī’ (p. 158), which explains ‘ubhayorhastayormuktam’ as ‘(brought) with only one hand’; — and in ‘Gadādharapaddhati’ (Kāla, p. 545).

 

Comparative notes by various authors:

Vaśiṣṭha (11.22). — ‘One shall offer food to the Pitṛs, with both hands; wicked-minded Asuras keep in waiting for the interval between the two hands.’

Maṭysapurāṇa (quoted in Caturvarga-cintāmaṇi-Śrāddha, p. 2370). — ‘He shall bring up the food, with both hands, then serve it, with a calm mind, keeping in his hand water and kuśa.’

Brahmāṇḍapurāṇa (quoted in Caturvarga-cintāmaṇi-Śrāddha, p. 2370). — ‘Serving shall not be done at the Śrāddha with any article made of iron, nor by one who is without the Pavitra and the kuśa, nor with one hand.’

 

 

VERSE 3.226

Section XIV - Method of Feeding

 

गुणांश्च सूपशाकाद्यान् पयो दधि घृतं मधु ।
विन्यसेत् प्रयतः पूर्वं भूमावेव समाहितः ॥२२६॥

guṇāṃśca sūpaśākādyān payo dadhi ghṛtaṃ madhu |
vinyaset prayataḥ pūrvaṃ bhūmāveva samāhitaḥ ||226||

 

Pure and with collected mind, he shall first place on the ground the accessories, such as soups and vegetaui.es, &c., milk, curd, butter and honey. — (226)

 

Medhātithi’s commentary (manubhāṣya):

‘Accessories’ — the seasonings. The subsequent words are meant to describe the details of those — ‘soups and vegetables, etc.,

‘He should place’ — deposit — ‘on the ground,’ — not upon the wooden board and such other things. — (226)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 229), which explains ‘guṇān’ as ‘accessories’, — and ‘bhūmāveva’ as meaning that the dish containing the curries should be put on the ground, and the curries should not be served on the dish out of which the food is eaten; but the curry may be served on this latter in the absence of a second dish.

This is quoted in Aparārka (p. 493), which explains ‘guṇān’ as ‘vegetable and other accessories,’ which are further specified as ‘sūpa-śāka’ and the rest; these should be served in vessels placed on the ground, and in those placed in another vessel; — in Hemādri (Śrāddha, p. 1372), which adds the following notes — ‘Bhūmau’, in vessels placed on the ground, — ‘guṇān’, things called ‘guṇa’, ‘accessory’, — viz., ‘sūpa-śāka &c.’; ‘sūpa’ is a special preparation of Mudga and other grains cooked with rice, and culled ‘barānna’, and ‘śāka’ for cooked roots, fruits, leaves etc.; the particle ‘ca’ includes other rich kinds of food, milk-rice, cakes, and so forth; — in Śrāddhakaumudī (p. 158), which explains ‘guṇān’ as subsidiary articles of food, — ‘bhūmau’ as ‘not on the feeding-dish itself i. e., in other dishes placed near the feeding dish; — and in Gadādharapaddhali (Kāla, p. 545).

 

Comparative notes by various authors:

(verses 3.226-228)

Śaunaka. — (See under 224.)

Kalikāpurāṇa. — (Do.)

Yama. — (Do.)

 

 

VERSE 3.227

Section XIV - Method of Feeding

 

भक्ष्यं भोज्यं च विविधं मूलानि च फलानि च ।
हृद्यानि चैव मांसानि पानानि सुरभीणि च ॥२२७॥

bhakṣyaṃ bhojyaṃ ca vividhaṃ mūlāni ca phalāni ca |
hṛdyāni caiva māṃsāni pānāni surabhīṇi ca ||227||

 

Also hard food and soft food of various kinds, roots, fruits, savoury meat and sweet-smelling drinks. — (227)

 

Medhātithi’s commentary (manubhāṣya):

‘Hard food’ — parched grains and pastries; what is tough, distinct, and requires to be masticated, is called ‘hard food, bhakṣya.’

‘Soft food’ — butter-pudding, &c. — (227)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 229) without comment; — in Gadādharapaddhati (Kāla, p. 546); — in Śrāddhakaumudī (pp. 20 and 158), which explains ‘bhakṣyam’ as standing for the śaṣkulī, butter-baked bread and such things, — and ‘bhojyam’ as for ‘milk-rice’ and the like; — and in Hemādri (Śrāddha, p. 1368), which explains ‘bhakṣyam’ as standing for śaṣkulī, sweet cakes and so forth, and ‘bhojyam’ for ghṛtapūra and such preparations.

 

Comparative notes by various authors:

(verses 3.226-228)

See Comparative notes for Verse 3.226.

 

 

VERSE 3.228

Section XIV - Method of Feeding

 

उपनीय तु तत् सर्वं शनकैः सुसमाहितः ।
परिवेषयेत प्रयतो गुणान् सर्वान् प्रचोदयन् ॥२२८॥

upanīya tu tat sarvaṃ śanakaiḥ susamāhitaḥ |
pariveṣayeta prayato guṇān sarvān pracodayan ||228||

 

Having gently brought up all this, he shall, with collected mind and pure, serve it, — describing all its qualities. — (228)

 

Medhātithi’s commentary (manubhāṣya):

‘Having brought up’ — having presented before the Brāhmaṇas, — ‘he shall serve it’ — which means the placing of it in the dish in which the person eats. Though all that is meant by ‘serving’ is the placing of the food within reach of the diner, — yet this placing should be done in such a way that among the several persons dining, the articles of food shall not flow from one man’s dish into another’s.

‘Qualities,’ — i.e., those qualities of the Hard and Soft food, which consist of acidity, etc., — these he should describe, saying — ‘this is acid — this is sweet, — this is a pastry’ and so forth. When they have been thus apprised, ‘he should give them whatever they relish most’ — this has to be construed from what follows later on (in verse 231).

‘Gently’ — this is a reiteration for filling up the metre. — (228)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 230) without comment; — in Hemādri (Śrāddha, p. 1308); — in Gadādharapaddhati (Kāla, p. 546), which explains ‘guṇān’ as ‘sweetness and the rest’; — and in Śrāddhakriyākaumudī, (pp. 158 and 164), which explains ‘śanakaiḥ’ as ‘one after the other’, ‘guṇān prachodayan’ as ‘mentioning that this is sweet, this is acid, and so forth.’

 

Comparative notes by various authors:

(verses 3.226-228)

See Comparative notes for Verse 3.226.

 

 

VERSE 3.229

Section XIV - Method of Feeding

 

नास्रमापातयेज् जातु न कुप्येन्नानृतं वदेत् ।
न पादेन स्पृशेदन्नं न चैतदवधूनयेत् ॥२२९॥

nāsramāpātayej jātu na kupyennānṛtaṃ vadet |
na pādena spṛśedannaṃ na caitadavadhūnayet ||229||

 

Never should he shed tears; nor should he become angry; nor tell a lie. He should not touch the food with his foot, nob shake it. — (229)

 

Medhātithi’s commentary (manubhāṣya):

‘Asra’ is tear; this he should not ‘shed’ — drop. As a rule, during the performance of Śrāddha in honour of the dead, one is apt to recall the grief caused by the loss of the loved person, which leads to the shedding of tears; and this is what is prohibited here; there is no harm in the sudden dropping of the tears of joy.

‘Never’ — on no account — shall he shed tears.

‘He should not become angry,’ — should not take up an angry attitude.

The telling of a lie having been already prohibited with a view to the fulfilment of man’s purpose in general, it is again prohibited here, with a view to the due fulfilment of the act of śrāddha.

‘He should not touch the food with his foot’ — any food, either in the form of leavings or otherwise.

‘He should not shake it’ — i.e., he shall not throw it by hand and then again take it in.

Others have explained this verse to mean that he shall not shake a piece of cloth over the food, as is often done for the removing of dust, etc., from it. — (229)

 

Explanatory notes by Ganganath Jha:

‘Avadhūnayet’ — ‘Shake; i.e., throw it by the hand and then take it in’ (Medhātithi); — ‘Shake a piece of cloth over the food, as is often done for the removing of dust etc.’ (‘Others’ mentioned in Medhātithi).

This verse is quoted in Hemādri (Śrāddha, p. 1029), which explains the meaning to be that ‘there should be no weeping’, and goes on to add — what is forbidden is not the tear of joy (at the offering), but the tears that may come to the eyes by reason of the death of the beloved relative, — the telling of lies which has already been prohibited elsewhere from moral considerations, is here forbidden as affecting the performance of the offering; — one should not touch with his feet any kind of food, whether, clean or unclean, — nor should cloth be shaken over the food; — in Śrāddhakriyākaumudī (p. 161), which explains ‘asram’ as tears of grief, and in regard to the ‘shaking of cloth’, it says that some people explain it as dusting the doth over the food, while according to others, what is forbidden is the fanning of the food with a piece of cloth; — and in Gadādharapaddhati (Kāla, p. 549).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (2.17, 3). — ‘[He shall avoid] non-haviṣya food, untruth, anger and also that which would make others angry.’

Viṣṇu (79.19-20). — ‘He shall avoid anger; — he shall not shed tears.’

Viṣṇu (81.1). — ‘He shall not place the food on the seat; nor shall he touch it with the foot.’

Brahmāṇḍapurāṇa (Caturvarga-cintāmaṇi-Śrāddha, p. 1029). — ‘He shall not shed tears at the Śrāddha; nor shall he utter words of grief; he shall not hear ill-will towards those eating nor be jealous of them.’

Devala (Caturvarga-cintāmaṇi-Śrāddha, p. 1029). — ‘At the Śrāddha, people should not shed tears, nor converse, nor laugh among themselves, nor wander about, nor be angry, nor be worried; even though there be sufficient cause, one shall not utter words of anger; near the Pitṛs one shall not sit either supported or perspiring.’

 

 

VERSE 3.230

Section XIV - Method of Feeding

 

अस्रं गमयति प्रेतान् कोपोऽरीननृतं शुनः ।
पादस्पर्शस्तु रक्षांसि दुष्कृतीनवधूननम् ॥२३०॥

asraṃ gamayati pretān kopo'rīnanṛtaṃ śunaḥ |
pādasparśastu rakṣāṃsi duṣkṛtīnavadhūnanam ||230||

 

Tears make the food go to ghosts, anger to enemies, lie to dogs, touching with the foot to demons, and shaking to sinners. — (230)

 

Medhātithi’s commentary (manubhāṣya):

This verse is supplementary to what has gone before in the preceding verse.

The shedding of tears, when done, makes the Śrāddha-offering go — i.e., sends it — to ‘ghosts’; and it does not become helpful to the Pitṛs. The term ‘preta,’ ‘ghost,’ here stands for a particular class of beings, of the same kind as Piśācas; and not. for persons recently dead and not yet joined to their ancestors.

‘Demons’ — also should be understood in the same manner as ‘ghosts.’

‘Enemies’ — well-known.

‘Sinners’ — People addicted to sinful deeds. — (230)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Gadādharapaddhati (Kāla, p. 550), which explains ‘duṣkṛtān’ as ‘sinners’.

 

Comparative notes by various authors:

Devala (Caturvarga-cintāmaṇi-Śrāddha, p. 1030). — ‘If there is some flaw in cleanliness, Rākṣasas take away all that is sacrificed or offered or given away or eaten, all japa, all austerities and all learning; — similarly also what is given in anger, or what is eaten in hurry, the Rākṣasas take away both these; — having invited the Pitṛs, one shall do nothing that may be improper; therefore one shall perform the Śrāddha with speech and anger under control; — one shall not be angry with any one, even though there be cause for it; what pleases the Pitṛs is the Śrāddha that is free from anger.’

 

 

VERSE 3.231

Section XIV - Method of Feeding

 

यद् यद् रोचेत विप्रेभ्यस्तत् तद् दद्यादमत्सरः ।
ब्रह्मोद्याश्च कथाः कुर्यात् पितॄणामेतदीप्सितम् ॥२३१॥

yad yad roceta viprebhyastat tad dadyādamatsaraḥ |
brahmodyāśca kathāḥ kuryāt pitṝṇāmetadīpsitam ||231||

 

Whatever may be agreeable to the Brāhmaṇas, that he shall give ungrudgingly. He shall relate stories told in the Veda; as this is liked by the Pitṛs. — (231)

 

Medhātithi’s commentary (manubhāṣya):

Whatever food, vegetable or drink they may ask for, — all this he shall give ‘ungrudgingly’ — without the least hesitation or covetousness. The term ‘matsara’ stands here for avarice.

‘Be agreeable to’ — i.e., cause pleasure to.

‘Told in the Veda’ — those that are related in the Veda; such, e.g., as the story of the war between the gods and demons, that of the death of Vṛttra, the doings of Saramā, and so forth. Or, it may stand for such stories as ‘Kaḥ svidekākī charati,’ etc. (Vājasaneya Saṃhitā, 23.9).

Another reading is ‘brahmādyāśca kathāḥ’ — i.e., discourses, in ordinary language, upon the meaning of mantras bearing upon Brahman.

‘This is liked by the Pitṛs;’ — this is a commendatory supplement. — (231)

 

Explanatory notes by Ganganath Jha:

‘Brahmodyāḥ kathāḥ’ — Buhler does not represent Medhātithi quite rightly: The explanation that he attributes to him, ‘riddles from the Veda’, is not found in Medhātithi at all. Medhātithi’s first explanation is — ‘stories related in the Veda’; — the second alternative proposed is ‘such Vedic texts as the one contained in 23.9 of the Vājasaneya Saṃhitā’; — and the third explanation, ‘discourses, inordinary language, on the meaning of Mantras bearing upon Brāhmaṇ’, is offered as that of the reading ‘Brahmodyāḥ kathāḥ’. It will thus be seen that ‘riddles from the Veda’ are not found in Medhātithi at all. It is the third explanation apparently that has misled Buhler. Hopkins has quoted Medhātithi correctly.

This verse is quoted in Gadādharapaddhati (Kāla, p. 546); — in Śrāddhakriyākaumudī (p. 158); — and in Hemādri (Śrāddha, p. 1027), which adds the following notes: — ‘Brahmodyāḥ’, stories that are related by the Brāhmaṇa, such as accounts of the war between the Gods and the Asuras, of the killing of Vṛttra, of Saramā and so forth, — or it may refer to such texts as ‘Kaścidekāki charati etc.’; ‘Brahmādyāḥ’ is another reading, which means — ‘Those mantras and Arthavāda texts which deal with Brahman’; ‘Kathāḥ’, conversations in the ordinary language should be carried on, in connection with the said subjects; — ‘this is liked by the Pitṛs’ — this is Arthavāda.

 

Comparative notes by various authors:

Yājñavalkya (1.240). — ‘Free from anger and without hurry, one shall offer such food as may be desired and pure — reciting the Pavitra mantras till complete satisfaction.’

Laghu-Āśvalāyana (23.68). — ‘After the Brāhmaṇas have eaten to their heart’s content, he shall pronounce the Gāyatrī.’

Varūha-purāṇa (Caturvarga-cintāmaṇi-Śrāddha, p. 1388). — ‘The offerer having offered food, clean, profuse and carefully prepared, — he should politely say — please fall to.’

Yama (Parāśaramādhava, p. 423). — ‘So long as the food is pure, so long as what is desired is offered, and so long as the offerer does not say I give, — so long do the Pitṛs partake of the food.’

Sumantu (Parāśaramādhava, p. 424). — ‘Without anger, he shall offer to each such dishes as he may relish; they should be fed till they are fully satisfied; and he shall not selfishly keep back any food.’

 

 

VERSE 3.232

Section XIV - Method of Feeding

 

स्वाध्यायं श्रावयेत् पित्र्ये धर्मशास्त्राणि चैव हि ।
आख्यानानीतिहासांश्च पुराणानि खिलानि च ॥२३२॥

svādhyāyaṃ śrāvayet pitrye dharmaśāstrāṇi caiva hi |
ākhyānānītihāsāṃśca purāṇāni khilāni ca ||232||

 

At the rite in honour of the Pitṛs, one should recite the Vedic text, Legal Institutes, Stories, Histories, Legends and supplementary Texts. — (232)

 

Medhātithi’s commentary (manubhāṣya):

‘Svādhyāyaḥ’ — Vedic Text.

‘Legal Institutes’ — the works of Manu and others.

‘Stories’ — such as those of Suparṇa, Mitrāvaruṇa, and the rest, related in the Ṛgveda.

‘Histories’ — Mahābhārata, etc.

‘Legends’ — describing the creation of the world and such other subjects, written by Vyāsa and others.

‘Supplementary texts’ — e.g., the Śrī-sūkta, the Mahānāmnikā, and the like. — (232)

 

Explanatory notes by Ganganath Jha:

‘Ākhyānāni’ — ‘Legends relating to Suparṇa, Mitrāvaruṇa and the rest, related in the Ṛgveda’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘such legends as occur in the Brāhmaṇas’ (Nārāyaṇa); — ‘the legends relating to the death of Kaṃsa and so forth’ (Nandana).

This verse is quoted in Aparārka (p. 502); — in Gadādharapaddhati (Kāla, p. 560), which explains ‘Khilāni’ as standing for the ‘Harivaṃśa and the rest’; — in Śrāddhakriyākaumudī (p. 172), which explains ‘Dharmaśāstrāṇi’ as ‘Manu and the rest’, ‘ākhyānāni’ as ‘sauparṇa and the like,’ and ‘khilāni’ as ‘the Śivasaṅkalpa and other hymns — and in Hemādri (Śrāddha, p. 1069), which has the following notes; — ‘Svādhyāyaḥ,’ Veda, — ‘Dharmaśastraṇi,’ works compiled by Manu and others, — ‘ākhyānāni,’ such stories contained in the Ṛgveda as the ‘Sauparṇa,’ the ‘Maitrāvaruṇa’ and the ‘Pāriplava,’ as also such Puranic stories as the one relating to the ‘Seven Fowlers,’ — ‘itihāsa’ stands for the Mahābhārata and such works, — ‘Purāṇa’ for the compilations which deal with the five subjects of Creation, Dissolution, Genealogies, Age-cycles, Deeds of royal dynasties, — ‘khilāni’ for the Strīsūkta, the Mahānāmnika and other hymns.

 

Comparative notes by various authors:

Āśvalāyana Gṛhyasūtra (4.8.10). — ‘Realising that they have become satisfied, he shall make them listen to the Madhumatī verses, as also the mantra ‘Dakṣannamīmadanta, etc.’

Viṣṇu (73.26). — ‘Itihāsas, Purāṇas and Dharmaśāstras.’

Laghu-Āśvalāyana (23.66-67). — ‘The hymns beginning with the words Nāsadāsit, etc., should be repeated before the Brāhmaṇas while they are eating; as also the hymn Kṛṇuṣva, etc., and also the Rakṣoghna mantras; the hymn beginning with Agnimīle should be recited in praise of the Pitṛs, as also other sacred hymns, all the time that the feeding of Brāhmaṇas goes on.’

Padmapurāṇa (Caturvarga-cintāmaṇi-Śrāddha, p. 1070). — ‘At the rite in honour of Pitṛs, one shall have recited the Veda, the Purāṇas and the supplements, as also the hymns sacred to Brahmā, Viṣṇu, Arka and Rudra.’

Yama (Caturvarga-cintāmaṇi-Śrāddha, p. 1070). — ‘The Veda should be recited, as also the Dharma-śāstras over and over again; he shall recite before them the several Itihāsas also.’

Pracetas (Caturvarga-cintāmaṇi-Śrāddha, p. 1070). — ‘After the Brāhmaṇas have taken their food, he shall recite before them, the Ṛk, the Yajūṣ and the Sāman as also all that is sacred to the Pitṛs.’

Kātyāyana (Aparārka, p. 501). — ‘While the Brāhmaṇas are eating, one shall repeat the Gāyatrī with the Praṇava and the Vyāhṛtis, once or thrice, as also the Rakṣoghna mantras, the Pitṛ-mantras, the Puruṣasūkta and other sacred texts.’

Baudhāyana (Aparārka, p. 502). — ‘The Rakṣoghna Sāmas, the Yajuṣ texts with svadhā and the Madhu-ṛks — these should be recited to the eaters.’

Viṣṇupurāṇa (Aparārka, p. 502) — ‘The reciting of the Rakṣoghna mantras.’

 

 

VERSE 3.233

Section XIV - Method of Feeding

 

हर्षयेद् ब्राह्मणांस्तुष्टो भोजयेच्च शनैःशनैः ।
अन्नाद्येनासकृच्चैतान् गुणैश्च परिचोदयेत् ॥२३३॥

harṣayed brāhmaṇāṃstuṣṭo bhojayecca śanaiḥśanaiḥ |
annādyenāsakṛccaitān guṇaiśca paricodayet ||233||

 

Being happy himself, he shall bring delight to the Brāhmaṇas; he shall feed them, gently and slowly, with dishes, and urge them repeatedly by means of seasonings. — (233)

 

Medhātithi’s commentary (manubhāṣya):

Even if he has cause for grief, he should not show it, by heaving a sigh, or in any other way; in fact, he should show himself quite happy.

‘He should bring delight to the Brāhmaṇas’ — by means of songs and such things sung by other persons; or, by means of such jokes as may be not improper and be in keeping with the occasion. If the reciting of Vedic texts were continued unceasingly, the Brāhmaṇas might begin to feel bored; hence, now and again, he should cease and amuse the guests by means of music, etc.

‘He should feed them gently;’ — he should make them eat by addressing to them such agreeable words as ‘Do take a few morsels, this dish is nice;’ and this should be done ‘gently’ — not in a hurried or pressing tone; — ‘with dishes’ — such as milk-rice, and the like.

‘By means of seasonings,’ — when the seasonings are taken up for being served, he should describe them as very tasty and thereby tempt the guests to eat; saying such words as — ‘these cakes are delicious, this preparation of milk is highly flavoured;’ and taking the things in hand and standing before each guest, he shall say such words again and again. This is what constitutes ‘urging.’ — (233)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 1026), which has the following notes: — ‘Tūṣṭaḥ,’ — even though he may have real cause for grief, he should not show it by sighs or other expressions, he should show himself happy; ‘Brāhmaṇān harṣayet’ with singing and other things done by others, — or by himself, in due conformance with propriety, or with jokes suggested by the occasion; the meaning is that if the invited appear to become bored by the long-continued recitation of Vedic hymns &c., he should amuse them by means of stories of heroic deeds or songs and the like; — ‘Shanairbhojayet,’ should feed them with such gentle persuasive expressions as ‘this is very tasty, do please take a few morsels’ and so forth; — ‘annādyena’ milk-rice and such foods, — ‘guṇaiḥ’, vegetables, — ‘asakṛt,’ again and again; ‘parichodayet,’ should urge, with such words as ‘these cakes are very nice, this preparation of milk is very tasty’, ‘taking each thing in his hand, he should stand before the invited, and repeat the persuasion again and again, — this is what is meant by ‘urging.’

 

Comparative notes by various authors:

Bṛhaspati (Caturvarga-cintāmaṇi-Śrāddha, p. 1028). — ‘Describing the qualities of the dishes, he shall feed the Brāhmaṇas slowly, and shall delight them with Ākhyānas, Itihāsas and Pūrvavṛttas.’

Yama (Do.). — [Repeats the second line of Manu.]

 

 

VERSE 3.234

Section XIV - Method of Feeding

 

व्रतस्थमपि दौहित्रं श्राद्धे यत्नेन भोजयेत् ।
कुतपं चासनं दद्यात् तिलैश्च विकिरेन् महीम् ॥२३४॥

vratasthamapi dauhitraṃ śrāddhe yatnena bhojayet |
kutapaṃ cāsanaṃ dadyāt tilaiśca vikiren mahīm ||234||

 

At a śrāddha he should, with special care, feed the daughter’s son, even though he be still under vows (of studentship). He should offer the blanket as seat and scatter sesamum on the ground. — (234)

 

Medhātithi’s commentary (manubhāṣya):

The propriety of feeding the daughter’s son is put forward here as a substitute (for what has been enjoined in the preceding verses).

The ‘Kutapa’ is a piece of cloth of the shape of a blanket, and made of the goat-wool; it is known among the Northerners as ‘Kambala’ (Blanket). This he should give as sent.

This does not apply to the case of the daughter’s son only, but to that of all guests; that this is so, is shown by what is going to be said regarding ‘three things being sacred at śrāddhas’ (next verse); which shows that this is meant to apply to every kind of śrāddha.

‘Scatter sesamum’ — on the ground. — (234)

 

Explanatory notes by Ganganath Jha:

‘Kutapam’ — The commentators are agreed in explaining this as ‘blanket,’ The word also means ‘the hour of the day after half-past eleven, the best suited for the offering of Śrāddhas.’ This meaning, however, is not applicable to the present verse.

This verse is quoted in Aparārka (p. 475), which explains ‘kutapa’ as ‘blanket.’

 

Comparative notes by various authors:

(verses 3.234-235)

Viṣṇu (79, 16). — ‘The rhinoceros’ horn, deer-skin, sesamum, white mustard, washed rice, — these should be deposited as purifiers and destroyers of evil spirits.’

Viṣṇu (73, 18). — ‘The daughter’s son also is a fit recipient.’

Brahmapurāṇa (Aparārka, p. 474). — ‘The three-staffed Ascetic, compassion, silver-vessel, the daughter’s son, the Kutapa-tṛṇa, the goat and the skin of the black antelope, three kinds of sesamum.’

Devala (Aparārka, p. 471). — ‘Kuśa, sesamum, elephant’s shadow, daughter’s son, honey, clarified butter, Kutapa, the Nīla ox, — these are sacred at Śrāddhas.’

Matsyapurāṇa (Caturvarga-cintāmaṇi-Pariśeṣa-Śrāddha, p. 448). — ‘He shall feed, with care, the daughter’s son, the father-in-law, the preceptor, the brother-in-law, the maternal uncle, maternal and paternal relations, priests officiating at sacrifice, Ācarya and the wife’s brother.’

Prabhāsakhaṇḍa (Do.). — ‘Daughter’s son, officiating priest, son-in-law, sister’s son, father-in-law, pupils, relations by marriage, are to be fed; specially marriage-relations, daughter’s son, sister’s husband, sister’s son; — these should not be ignored even though they be illiterate.’

Vaśiṣṭha (11, 32). — [Reproduces Manu, 235.]

Laghu-Śātātapa (107). — [ReproducesManu, 235, reading ‘satya,’ ‘truthfulness’ in place of ‘śauca,’ and ‘ārjava,’ ‘straight-forwardness’ in place of ‘atvarā.’]

Smṛtyantara (Aparārka, p. 474 (471?)). — ‘Daughter’s son, vessels made of rhinoceros-horn, clarified butter of Kapilā cow, — all these have been described as Dauhitra.’

Vṛddha-Śātātapa (Do.). — ‘Daughter’s son and vessels made of rhinoceros-horn are called Dauhitra.’

Smṛtyantara (Do.). — ‘Brāhmaṇa, blanket, cows, sun, fire, date, sesamum, kuśa, time, — these nine have been called Kutapa.’

Matsya-purāṇa (Do.). — ‘The Prācināvita, water, sesamum, left side of the body, Yava, Nīvāra, Mudga, while flowers, clarified butter, — these are very dear to Pitṛs.’

 

 

VERSE 3.235

Section XIV - Method of Feeding

 

त्रीणि श्राद्धे पवित्राणि दौहित्रः कुतपस्तिलाः ।
त्रीणि चात्र प्रशंसन्ति शौचमक्रोधमत्वराम् ॥२३५॥

trīṇi śrāddhe pavitrāṇi dauhitraḥ kutapastilāḥ |
trīṇi cātra praśaṃsanti śaucamakrodhamatvarām ||235||

 

Three things are sacred at Śrāddhas — the daughter’s son, blanket and sesamum, and they commend three things in this connection — cleanliness, absence of anger and absence of haste. — (235)

 

Medhātithi’s commentary (manubhāṣya):

‘Sacred’ — i.e., conducive to sanctity, bringing about excellence.

The first half of this verse is purely reiterative, and the latter half is injunctive.

‘Cleanliness’ — avoidance of contact with unclean things; and if, through want of care, the man happens to become unclean, he should purify himself with clay, water, &c., in the manner prescribed in the scriptures.

‘Absence of haste’ — i.e., the feeding of Brāhmaṇas and doing the other acts with confidence and in a steady manner. — (235)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 474).

 

Comparative notes by various authors:

(verses 3.234-235)

See Comparative notes for Verse 3.234.

 

 

VERSE 3.236

Section XIV - Method of Feeding

 

अत्युष्णं सर्वमन्नं स्याद् भुञ्जीरंस्ते च वाग्यताः ।
न च द्विजातयो ब्रूयुर्दात्रा पृष्टा हविर्गुणान् ॥२३६॥

atyuṣṇaṃ sarvamannaṃ syād bhuñjīraṃste ca vāgyatāḥ |
na ca dvijātayo brūyurdātrā pṛṣṭā havirguṇān ||236||

 

All the food should be very hot, and they should eat with controlled speech; when asked by the giver, the Brāhmaṇas should not describe the qualities of the sacrificial food. — (236)

 

Medhātithi’s commentary (manubhāṣya):

‘Atyuṣṇa,’ ‘very hot,’ stands for ‘hot;’ the term being expounded as ‘atigatam uṣṇam,’ ‘with heat developed;’ just as ‘praparṇa’ stands for ‘prapatitaparṇa,’ ‘that of which the leaves have fallen.’

‘All’ — i.e., the food as well as the seasonings.

This injunction regarding ‘being hot’ applies to only those things which ought to be eaten hot, and not to rice cooked in curd and such things, which, when eaten hot, are disagreeable and harmful; and this would be contrary to what has been said before regarding ‘bringing delight to the Brāhmaṇas.’

In view of the injunction of eating hot food, the entire quantity should not be served at once; as, in that case, for persons who eat much, it would become cold. Hence, as the food is eaten little by little, more should be given. It will not be right to argue that “the food out of which a part has been served becomes a ‘remnant,’ and it would not be right to serve it as such;” because the rule regarding feeding is that the action of the eater extends till his complete satisfaction. Further, the Rice and other things do not come in, in the act of feeding, as ‘gifts to be received;’ that is why there is no reciting of mantras connected with the receiving of gifts, over the Rice and other articles of food.

‘With controlled speech’ — i.e., having their speech under full control; the reversed order of the two terms of the compound is an archaism. Or, the compound ‘vāgyatāḥ’ may be expounded as ‘vacā yatāḥ,’ ‘controlled of speech;’ the compound in this case being in accordance with Pāṇini’s aphorism, ‘Sādhanam kṛtā’; and, in this sense, the term ‘yataḥ’ would have the sense of the active past-participle. ‘Control’ means stopping of operation; and the ‘operation’ of ‘speech’ is uttering of words; and it is this latter that is prohibited; the meaning being that no words, distinct or indistinct, shall be uttered.

Nor are the qualities of the food to be described. It has been declared that ‘excellent and well-behaved people, while taking food, shall not speak to the giver.’

“This injunction is already implied by that relating to the control of speech.”

True; what is meant by the second injunction is that it should not be done by gestures even; the root ‘brū’ denotes describing; so that the word ‘brūyuḥ’ does not necessarily mean articulate utterance. — (236)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 748), which explains that the addition of the particle ‘eva’ is meant to emphasise that ‘they should not give up eating, even though they may happen to touch one another.’

The second half of the verse is quoted in Aparārka (p. 497); — in Śrāddhakriyākaumudī (p. 170), which says that this verse forbids the praising of the food even by means of gestures; — and in Gadādharapaddhati (Kāla, p. 553), which adds the same note.

 

Comparative notes by various authors:

(verses 3.236-237)

Viṣṇu (71.19). — [Reproduces Manu.]

Vaśiṣṭha (11.29). — [Do.]

But in both the reading is ‘uṣṇam’ for ‘uṣmā.’

Śāṅkha (Parāśaramādhava, p. 749). — ‘If he describes the excellences of the food...he destroys the Śrāddha and becomes degraded.’

Śāṅkha-Likhita (Aparārka, p. 497). — ‘The Brāhmaṇas shall not describe, praise or decry the food. They should say nothing except by the gesture of the hand. The Pitṛs partake of the food only so long as it is on the ground, until it is praised, and so long as it is hot, except in the case of fruits, roots and drinks.’

 

 

VERSE 3.237

Section XIV - Method of Feeding

 

यावदुष्मा भवत्यन्नं यावदश्नन्ति वाग्यताः ।
पितरस्तावदश्नन्ति यावन्नओक्ता हविर्गुणाः ॥२३७॥

yāvaduṣmā bhavatyannaṃ yāvadaśnanti vāgyatāḥ |
pitarastāvadaśnanti yāvannaoktā havirguṇāḥ ||237||

 

As long as the food is steaming, as long as they eat with speech controlled, so long do the Pitṛs eat, as long as the qualities of the food are not described. — (237)

 

Medhātithi’s commentary (manubhāṣya):

This is a commendatory supplement to the foregoing Injunction,

‘Steaming’ — i.e., hot. — (237)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 223), which adds that the control of speech itself being sufficient to the men describing the good qualities of the food, what is meant by the last clause ‘as long as the qualities of the food are not described’ is that these qualities should not be indicated even by gesticulation; — and it further points out that the rule regarding the food being ‘steaming’ is not meant to apply to such food as parched rice and others of the kind.

This verse is quoted in Aparārka (p. 497); — and in Śrāddhakriyākaumudī (p. 170).

 

Comparative notes by various authors:

(verses 3.236-237)

See Comparative notes for Verse 3.236.

 

 

VERSE 3.238

Section XIV - Method of Feeding

 

यद् वेष्टितशिरा भुङ्क्ते यद् भुङ्क्ते दक्षिणामुखः ।
सौपानत्कश्च यद् भुङ्क्ते तद् वै रक्षांसि भुञ्जते ॥२३८॥

yad veṣṭitaśirā bhuṅkte yad bhuṅkte dakṣiṇāmukhaḥ |
saupānatkaśca yad bhuṅkte tad vai rakṣāṃsi bhuñjate ||238||

 

What the guest eats with his head wound up, what he eats with his face towards the south, what he eats with shoes on, all this verily the demons eat. — (238)

 

Medhātithi’s commentary (manubhāṣya):

‘Wound up’ — with turban and such other things. The Northerners cover their heads with cloth.

Some people explain that this refers also to persons who cover their heads with their hairs Arranged in the form of a top-knot. Rut what they say is not reasonable; as, in this case, it is the hair that is ‘wound up,’ not the head; and the hairs do not form the head; in fact, they are on the head. The prohibition does not apply to threads and such things; as such things are not regarded as ‘covering’ the head.

What is meant by indicating the facing of the south as defective is that, when there is want of space, eating with face towards all directions except the south is permissible. If this were not meant, where would there be any possibility of anyone eating with face to the south, when it has been distinctly enjoined that one should eat facing the north?

‘Shoes’ — foot-guards made of leather. Some people explain this as sandals of leather.

‘The demons eat,’ — and not the Pitṛs.

This is deprecatory of the conditions described. — (238)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Śrāddhakriyākaumudī (p. 169); — and in Hemādri (Śrāddha, p. 1021), which explains ‘veṣṭitam’ as wrapped up by turban etc.; — the specific prohibition of facing the south implies that when there is scarcity of room one may eat facing any other quarter but the south, — ‘upānahau’ are foot-covers of leather (shoes).

“The same verse in the Mahābhārata ends: Sarvam vidyāt tadāsuram (13.90.19), ‘belonging to the Asuras’.” — Hopkins.

 

Comparative notes by various authors:

Viṣṇu (81.12-13). — ‘Not people with covered heads; nor those with shoes on.’

Mahābhārata (13.237, 19). — [Reproduces Manu, but reading ‘sarvam vidyāt tadāsuram’ for ‘tadvai rakṣāṃsi bhuñjaṭe.’]

 

 

VERSE 3.239

Section XIV - Method of Feeding

 

चाण्डालश्च वराहश्च कुक्कुटः श्वा तथैव च ।
रजस्वला च षण्ढश्च नैक्षेरन्नश्नतो द्विजान् ॥२३९॥

cāṇḍālaśca varāhaśca kukkuṭaḥ śvā tathaiva ca |
rajasvalā ca ṣaṇḍhaśca naikṣerannaśnato dvijān ||239||

 

The Cāṇdāla, the pig, the cock, as also the dog, the unclean woman and the eunuch should not look at the Brāhmaṇas while eating. — (239)

 

Medhātithi’s commentary (manubhāṣya):

‘Pig’ — the village-hog.

Though it has been declared that ‘these shall not look at dose quarters,’ yet what the cultured people avoid is these being near the place. In verse 241 below also, the mention of an act (other than seeing) in the passage ‘the pig spoils the food by smelling’ is a purely deprecatory supplement. Certainly, there can be no smelling by one who does not see.

In fact, the verse merely describes the things that may happen to be near by; what is meant is the Injunction that, since, as a rule, the pig is prone to sniff at the food, and the cock is prone to flapping its wings, and so forth, — therefore, one should feed the Brāhmaṇas in a sheltered place; and the purpose served by the present verse is that it implies that, where there is no danger of such untoward happenings, the feeding may be done in an unsheltered place also.

‘Eunuch’ — One without the signs of masculinity. — (239)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 516); and Dāna, p. 108); — in Śrāddhakriyākaumudī (pp. 105 and 169); — and in Gadādharapaddhati (Kāla, p. 521).

 

Comparative notes by various authors:

(verses 3.239-241)

Gautama (15, 24). — ‘What is seen by the dog, the Caṇḍāla and the outcast becomes defiled.’

Āpastamba Dharmasūtra (2.17, 20). — ‘They forbid the seeing of the Śrāddha by dogs and unqualified persons.’

Viṣṇu (82.6-9). — ‘One should not look at a woman in her courses, nor a dog, nor the village-hog, nor the village-cock.’

Viṣṇu (quoted in Caturvarga-cintāmaṇi-Śrāddha, p. 516). — ‘No persons of deficient limbs, nor those with superfluous limbs, nor Śūdras, nor outcasts, nor persons suffering from serious diseases, shall look at the Śrāddha.’

Uśanas (Do.). — ‘The village hog, the cat, the cock, the mungoose, the woman in her courses, the Śūdra woman or her husband should be removed to a distance.’

Yama (Do.). — ‘The cock, village-hog, crow, oat, the husband of a girl married after puberty, impotent man, woman in her courses, — all these should be always kept away at the time of the Śrāddha; — the cock defiles by the flapping of its wings, the hog by smelling and the crow by crowing; the dog by looking at it and the cat by hearing it, the husband of the girl married after puberty defiles it by receiving gifts, and the Śūdra by his eyes; the impotent man defiles by Ms shadow and the woman in her courses by her touch.’

Bṛhad- Yama (38). — ‘All these should be carefully kept away; otherwise the Pitṛs go away disappointed and the man remains indebted.’

Devala (Aparāka, p. 472). — ‘All that is disgusting or unclean, naked man, a rogue, a woman in her courses, a man dressed in blue or ruddy clothes, one with ears lopped off, weapons, iron, lead, man clothed in dirty clothes, food kept overnight, — these shall be avoided at Śrāddhas. If wine happen even to touch the house, the Śrāddha goes to the Rākṣasas.’

Vyāsa (Do.). — ‘The Caṇḍāla, the man clothed in ruddy clothes, the leper, the outcast, the embryo-killer, one of doubtful birth, relatives of outcasts, — all these should be avoided when one is performing a Śrāddha.’

Brahmāṇḍapurāṇa (Do.). — ‘The naked man and others should not see the Śrāddha, those who renounce the Veda are called naked; the thief, the cruel man should not he seen, all other wicked men should he avoided.’

 

 

VERSE 3.240

Section XIV - Method of Feeding

 

होमे प्रदाने भोज्ये च यदेभिरभिवीक्ष्यते ।
दैवे हविषि पित्र्ये वा तद् गच्छत्ययथातथम् ॥२४०॥

home pradāne bhojye ca yadebhirabhivīkṣyate |
daive haviṣi pitrye vā tad gacchatyayathātatham ||240||

 

At the offering into Fire, at gifts, at feeding, or at any rite in honour of the Gods or of the Pitṛs, — whatever is seen by these goes wrong. — (240)

 

Medhātithi’s commentary (manubhāṣya):

‘At the offering into Fire’ — such as the Agnihotra, or the propitiatory offerings.

‘At gifts’ — of such valuable things as the cow, gold and so forth — made for the purpose of attaining prosperity.

‘Feeding’ — where Brāhmaṇas are fed for a religious purpose.

‘Rite in honour of the gods’ — such the as offering at the Darśa-pūrṇamāsa and other sacrifices.

‘Rite in honour of the Pitṛs’ — i.e., Śrāddha.

‘Goes wrong,’ — that is, it brings about results contrary to what it was intended for.

Though Śrāddha forms the subject-matter of the present context, yet, through syntactical connection, the present prohibition applies to other acts also, in the shape of the offering into fire and so forth. — (240)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 472); — in Śrāddhakriyākaumudī, which explains ‘ayathāyatham’ as ‘nullified’; — also in Gadādharapaddhati (Kāla, p. 521), which explains the same word as ‘leading to results contrary to those expected’; — and in Hemādri (Dāna, p. 108, and Śrāddha, p. 516).

 

Comparative notes by various authors:

(verses 3.239-241)

See Comparative notes for Verse 3.239.

 

 

VERSE 3.241

Section XIV - Method of Feeding

 

घ्राणेन सूकरो हन्ति पक्षवातेन कुक्कुटः ।
श्वा तु दृष्टिनिपातेन स्पर्शेणावरवर्णजः ॥२४१॥

ghrāṇena sūkaro hanti pakṣavātena kukkuṭaḥ |
śvā tu dṛṣṭinipātena sparśeṇāvaravarṇajaḥ ||241||

 

The pig defiles by sniffing, the cock by wind raised by its wings, the dog by casting his eye, and the man born of the low caste by touch. — (241).

 

Medhātithi’s commentary (manubhāṣya):

The cock defiles by the wind raised by its wings.

The meaning of this verse has already been explained above (under 239); the sense is that the proximity of these should be avoided up to such distance that they may not be able to see the performance.

‘The man born of the low caste’ — here meant is the Cāṇḍāla; as it is this that has been spoken of above.

It has been already explained above that the actions of touching and the rest stand here for the action that has been mentioned above (in 239), and not for these actions themselves. For this reason, there is no room for the following criticism. — “The touch of the Cāṇḍāla being already prohibited generally, there could be no possibility of such touching, and hence the prohibition here contained becomes superfluous; hence the ‘man born of the low caste’ must be taken as the Śūdra; and what is prohibited is the Śūdra touching the Śrāddha, etc., offered by twice-born men, but not those performed by himself.”

Even if the actions of touching, etc., stand for themselves, — what is meant is not that evil results from the Cāṇḍāla touching the articles of food and drink, but that he should not touch the unsheltered spot on the river-bank and such other places that has been selected for the performance; as the impurity caused by such contact has been described as removed by wind and fire. And thus, inasmuch as the touch of such persons would be quite possible (under the circumstances just described), it is only right that it should be prohibited. — (241)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 472), which explains ‘avaravarṇajaḥ’ as ‘Śūdra’; — in Hemādri (Śrāddha, p. 576); — and in Gadādharapaddhati (Kāla, p. 521), which explains ‘avaraja’ as Śūdra, and explains the meaning to be that ‘the things should be removed far enough so that the wind etc. may not reach the food.’

 

Comparative notes by various authors:

(verses 3.239-241)

See Comparative notes for Verse 3.239.

 

 

VERSE 3.242

Section XIV - Method of Feeding

 

खञ्जो वा यदि वा काणो दातुः प्रेष्योऽपि वा भवेत् ।
हीनातिरिक्तगात्रो वा तमप्यपनयेत् पुनः ॥२४२॥

khañjo vā yadi vā kāṇo dātuḥ preṣyo'pi vā bhavet |
hīnātiriktagātro vā tamapyapanayet punaḥ ||242||

 

The cripple, or the one-eyed man, the man without a limb, or the man with a redundant limb, — even if he be the offerer’s servant — he should remove from there. — (242)

 

Medhātithi’s commentary (manubhāṣya):

‘Servant’ — a paid attendant.

The term ‘even’ indicates that a relation or any other person also, who may, by chance, happen to be there, should be removed.

‘Cripple’ — one incapable of moving; not able to walk.

‘One who is without a limb, and one who has a redundant limb’ — i.e., one who is maimed, one with a crippled arm, one suffering from elephantiasis, and so forth. — (242)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 472), which explains ‘khañjaḥ’ as ‘kuṇṭhaḥ — and in Hemādri (Śrāddha, p. 516.)

 

Comparative notes by various authors:

Viṣṇu (81, 15). — ‘Persons with deficient or superfluous limbs should not look at the Śrāddha.’

Yama (Caturvargacintāmaṇi-Śrāddha, p. 518). — ‘If any servant of the Śrāddha-offerer should happen to be crippled or one-eyed, or with a crooked arm, or suffering from leucoderma, or with deficient limbs, or with redundant limbs, — he should be speedily removed from the place.’

 

 

VERSE 3.243

Section XIV - Method of Feeding

 

ब्राह्मणं भिक्षुकं वाऽपि भोजनार्थमुपस्थितम् ।
ब्राह्मणैरभ्यनुज्ञातः शक्तितः प्रतिपूजयेत् ॥२४३॥

brāhmaṇaṃ bhikṣukaṃ vā'pi bhojanārthamupasthitam |
brāhmaṇairabhyanujñātaḥ śaktitaḥ pratipūjayet ||243||

 

The Brāhmaṇa or the mendicant who comes seeking for food, he shall entertain, to the best of his ability, on being permitted by the Brāhmaṇas. — (243)

 

Medhātithi’s commentary (manubhāṣya):

‘The Brāhmaṇa’ — who may arrive as a guest.

‘The mendicant’ — the Brāhmaṇa that may come begging for alms.

‘On being permitted by the Brāhmaṇas,’ busy with eating,

‘he shall entertain,’ according to his ability, i.e., he shall honour them by offering food, or by giving alms in the proper manner. [The permission of the invited Brāhmaṇas is essential, because] on that day, the food has been cooked specially for them. — (243)

 

Explanatory notes by Ganganath Jha:

‘Brāhmaṇam bhikṣukam’ — ‘The Brāhmaṇa that arrives as a guest, and the Brāhmaṇa that comes begging for alms’ (Medhātithi, Govindarāja and Kullūka); — ‘the Brāhmaṇa householder, and the ascetic that begs for food’ (Nārāyaṇa and Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 728) in support of the view that ‘after the invited Brāhmaṇas have been seated, if a Religious Student or an Ascetic should happen to turn up, he also should be fed at the Śrāddha’; — in Aparārka (p. 500); — in Nṛsiṃhaprasāda (Śrāddha, p. 246); — in Gadādharapaddhati (Kāla, p. 521); — and in Hemādri (Śrāddha, p. 439).

 

Comparative notes by various authors:

Viṣṇu (81.18). — ‘At the time, he shall feed a Brāhmaṇa or a mendicant, with the permission of the Brāhmaṇas (invited).’

Yama (Caturvargacintāmaṇi-Śrāddha, p. 439). — ‘If a mendicant or a Religious Student happen to arrive seeking for food, — after the Brāhmaṇas have been seated, he also should be fed.’

Varāhapurāṇa (Do.). — ‘If at that time an excellent Brāhmaṇa seeking for food, or a guest, should arrive, he shall, on being permitted by the Brāhmaṇas, freely feed him also.’

Chāgaleya (Parāśaramādhava, p. 728). — ‘At the time of the Śrāddha also one shall welcome the Ascetic and the Religious Student.’

 

 

VERSE 3.244

Section XIV - Method of Feeding

 

सार्ववर्णिकमन्नाद्यं संनीयाप्लाव्य वारिणा ।
समुत्सृजेद् भुक्तवतामग्रतो विकिरन् भुवि ॥२४४॥

sārvavarṇikamannādyaṃ saṃnīyāplāvya vāriṇā |
samutsṛjed bhuktavatāmagrato vikiran bhuvi ||244||

 

Having mixed up the food of all kinds and wetted it with water, he should throw it before the Brāhmaṇas who have eaten, scattering it on the ground. — (244)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘varṇa’ should be taken as standing for kind. Having ‘mixed up’ — brought together — the food along with all the various kinds of seasonings — ‘having wetted it with water’ — ‘he should throw it before the Brāhmaṇas who have eaten’ — i.e., become fully satisfied; after they have pronounced the words, ‘We are fully satisfied;’ ‘scattering it’ — i.e., it should not be thrown at one place, but broken up and scattered; — ‘on the ground’ — not in any vessel; on the ground also, not on the bare ground, but on Kuśa-grass, as it is going to be laid down in the next verse. Śaṅkha says that the scattering should be done ‘either once or thrice.’ — (244)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 750), which adds the following notes: — ‘Sārvavarṇikam’ means ‘that food which contains the particular vegetable called Sarvavarṇā; — and in Aparārka (p. 504), which explains that what is meant by ‘sannīya’ is that the food should be collected in one vessel.

 

Comparative notes by various authors:

Viṣṇu (81.21). — [Reproduces Manu.]

Yājñavalkya (1.241). — ‘Addressing them the words — Are you satisfied, — and having obtained their permission, he shall take up the food and scatter it on the ground, oífering water once for each.’

Āśvalāyana Gṛhyasūtra (4.8.14). — ‘Having scattered the food on the ground, ho should dismiss them, pronouncing svadhā-om.’

Pracetas (Parāśaramādhava, p. 750). — ‘He should scatter the food on the ground, with the mantra Ye agni, etc.’

 

 

VERSE 3.245

Section XIV - Method of Feeding

 

असंस्कृतप्रमीतानां त्यागिनां कुलयोषिताम् ।
उच्छिष्टं भागधेयं स्याद् दर्भेषु विकिरश्च यः ॥२४५॥

asaṃskṛtapramītānāṃ tyāgināṃ kulayoṣitām |
ucchiṣṭaṃ bhāgadheyaṃ syād darbheṣu vikiraśca yaḥ ||245||

 

The remnant and that which has been scattered on the Kuśa grass form the share of those who have died without sacraments, and of those who have abandoned family ladies. — (245)

 

Medhātithi’s commentary (manubhāṣya):

In connection with infants who have not completed their third year, it is going to be said that ‘cremation shall not be performed for him;’ it is these that are spoken of here as ‘those who have died without sacraments.’

‘The remnant’ — contained in the dishes; as also ‘what is scattered on the Kuśa’ forms their ‘share’ The term ‘bhāgadheya’ is the same as ‘bhāga.’

This does not mean that these persons are not helped by the śrāddha.

‘Those who hare abandoned’ — their elders. Or, ‘those who have abandoned the ladies of their family, without finding any fault in them.’ According to the former explanation, the term ‘Kulayoṣitām’ is to be construed by itself, and taken to mean ‘unmarried maidens.’

For the reason stated, the remnant should be offered to the persons mentioned.

It would not be right to raise the question — “Since the remnant would be unclean, how could it be offered as the said share?” — because, in view of this very text, there is no uncleanliness attaching to the remnant; just as there is none in the case of the remnant of Soma-juice (at the Soma-sacrifices). — (245)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Varṣakriyākaumudī, (p. 359), as enumerating those entitled to the scattered food; — in Gadādharapaddhati (Kāla, p. 562), which explains ‘kulayoṣitām tyāginām’ as ‘those who abandon the ladies of their family without cause’, and adds that the food scattered in the dish is for those who have died without sacraments, while that on the ground is for the slaves; — in Śrāddhakriyākaumudī (p. 275); — and in Hemādri (Śrāddha, p. 1512), which adds the following notes: — ‘asaṃskṛta’ stands for those whose Upanayana has not been done, and also the unmarried girls, — ‘tyāginaḥ’ are suicides, — ‘kulayoṣitām’, those ladies to whom water-offerings have not been made; — or ‘kulayoṣitām tyāginām’ may be taken together, meaning ‘those who have abandoned their wives and ladies without cause.’

‘Tyāginām kulayoṣitām’ — ‘For those who abandon their elders and for unmarried maidens; or to those who have abandoned the ladies of their family, without fault’ (Medhātithi); — ‘For women who have forsaken their families’ (Govindarāja); — ‘suicides and childless women’ (Nārāyaṇa); — ‘For ascetics and...’ (Nandana).

This verse is quoted also in Vīramitrodaya (Āhnika, p. 376) without any comment; — and in Aparārka (p. 504), which explains ‘bhāgadheyam’ as ‘share’; and adds that what is meant is that ‘for those persons of his family who have died without Upanayana, and for those who have forsaken the ladies of his family or such others as should not be forsaken, — one should assign the food left in the dish in which the Brāhmaṇas have eaten, as also that which has been scattered on the grass’.

 

Comparative notes by various authors:

Viṣṇu (81.22). — [Reproduces Manu.]

Vaśiṣṭha (11.20). — ‘For those persons of one’s family who may have died before the performance of their sacramental rites, — Manu has laid down the share in the form of the remnants and the scatterings.’

Laghu-Āśvalāyana (23.90-91). — ‘Having shaken the vessels, and pronouncing the syllable svasti, he shall throw on each of the spots sesamum and washed rice, and then scatter food also, for those of his Pitṛs who may have died without, sacraments.’

 

 

VERSE 3.246

Section XIV - Method of Feeding

 

उच्छेषणां भूमिगतमजिह्मस्याशठस्य च ।
दासवर्गस्य तत् पित्र्ये भागधेयं प्रचक्षते ॥२४६॥

uccheṣaṇāṃ bhūmigatamajihmasyāśaṭhasya ca |
dāsavargasya tat pitrye bhāgadheyaṃ pracakṣate ||246||

 

At the rite in honour of the Pitṛs, the remnant fallen on the ground is regarded as the share of straightforward, dutiful servants. — (246)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has described the disposal of the remnant in the dishes; the present verse mentions the fact that the remnant fallen on the ground is for servants.

‘Ajihma’ means ‘not dishonest,’ ‘straightforward.’

‘Aśaṭha’ is ‘not idle,’ ‘dutiful.’

Of such servants the said remnant is the share.

For this reason, large quantities of food shall be served, so that, when the invited person is eating, something may fall on the ground. — (246)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.239) in support of the view that ‘the food served to the Brāhmaṇas should be served in sufficiently large quantities, to make it possible for there being leavings, which constitute the share of the servants and others; — in Vīramitrodaya (Āhnika, p. 376), without any comment; — in Nirṇayasindhu (p. 325); — in Aparārka (p. 504), which adds that what has been left fallen on the ground by the Brāhmaṇas should be offered for such honest and hard working slaves as may have died; — in Hemādri (Śrāddha, pp. 151 and 1511), which adds that dāsavarga here stands for the father’s principal servant who may be dead; — and in Gadādharapaddhati (Kāla, p. 562).

 

Comparative notes by various authors:

Viṣṇu (81.23). — [Reproduces Manu.]

Vaśiṣṭha (1?.21). — ‘The remnant of food fallen on the ground, or scattered, as also the smearings and water, — should be offered as food for those who may have died young, or for children.’

 

 

VERSE 3.247

Section XIV - Method of Feeding

 

आसपिण्डक्रियाकर्म द्विजातेः संस्थितस्य तु ।
अदैवं भोजयेत्श्राद्धं पिण्डमेकं च निर्वपेत् ॥२४७॥

āsapiṇḍakriyākarma dvijāteḥ saṃsthitasya tu |
adaivaṃ bhojayetśrāddhaṃ piṇḍamekaṃ ca nirvapet ||247||

 

For the twice-born person just dead, there should be (performed) the rite up to the ‘Sapiṇḍīkaraṇa’: one should do the feeding at his Śrāddha without any in honour of the gods, and he shall offer one ball. — (247)

 

Medhātithi’s commentary (manubhāṣya):

‘For the twice-born person, just dead’ — one should perform the rite up to ‘Sapiṇḍīkaraṇa;’ i.e., the offering of balls conjointly with the two preceding ancestors, which constitutes the Sapiṇḍīkaraṇa, the ‘Amalgamating Rite,’ shall not be made once — what, then, shall be offered? — ‘He should offer one ball;’ the particle ‘ca’ having the sense of ‘only;’ the sense is that ‘one ball shall be offered, only to the person just dead.’ The Brāhmaṇa also shall be fed in honour of that person only.

In another Smṛti, there is declared another specific procedure — ‘It shall be without invitation and doing in fire’ (Yājñavalkya, ācāra 251); where ‘doing in fire’ stands for the seeking of permission with the words, ‘I shall do this in fire;’ and the pouring of libations into fire is not prohibited. In the Gṛhyasūtra, libations into fire have been laid down in connection with the Śrāddha offered to the recent dead.

At what time and how long is the rite to be performed — information on these points should be sought for from another Smṛti; where it is said that — (A) ‘The first Śrāddha is on the eleventh day,’ — (B) ‘on the date of death, for one year, the Śrāddha should be done every month, and every year it shall be performed, like the monthly performance,’ — and in the Kathaka it is said, ‘This should be done every year.’

(A) The term ‘eleventh’ is only indicative of the day on which the period of impurity ceases; since it has been declared that ‘having become pure, one should make offerings to the Pitṛs.’

(B) The author of Gṛhyasūtras declares that the ‘Sapiṇḍīkaraṇa’ shall be performed at the end of the year.

The Śrāddha mentioned in the text is called ‘Ekoddiṣṭa’ (‘offered to one person’); and the ‘offering’ (of the ball) is part of it.

It has been held that, on account of the declaration of the Śruti‘ one should make offerings to the Pitṛs’ (quoted above), — the offering should be made to the Father, Grand-father and Great-grandfather. But it cannot be right to make this offering (to all three) until the ‘Sapiṇḍīkaraṇa’ has been performed. Because the Smṛti (regarding the Sapiṇḍīkaraṇa) cannot be entirely set aside by the said Vedic declaration. — (247)

 

Explanatory notes by Ganganath Jha:

This verse, as quoted by Medhātithi on p. 290, l. 1, reads ‘Asapiṇḍa’. — But the same sense may be got out of the reading ‘Āsapiṇḍa’. — See Translation.

“The Sapiṇḍīkaraṇa, the solemn reception of a dead person among the partakers of oblations, is performed either on the thirteenth day, or a year after death,” — says Buhler. But the rite is performed on the twelfth, not the thirteenth day.

Hopkins has misunderstood the signification of the Sapiṇḍīkaraṇa rite. He calls it ‘ceremony on making a Sapiṇḍa (relative) for him’ and adds that ‘it implies that the deceased died without any family to offer the Śrāddha for him.’

As a matter of fact, this rite is performed for every one; and its meaning is as explained by Buhler (see above).

The second half of this verse is quoted in Smṛtitattva (p. 802) in support of the view that the ‘Śrāddha’ and ‘offering of the Ball’ are two distinct acts.

 

Comparative notes by various authors:

Paiṭhīnasi. — ‘Before the performance of the Sapīṇḍīkaraṇa one should perform the sixteen Śrāddhas; and all these should be performed by the unitary process.’

 

 

VERSE 3.248

Section XIV - Method of Feeding

 

सहपिण्डक्रियायां तु कृतायामस्य धर्मतः ।
अनयैवावृता कार्यं पिण्डनिर्वपनं सुतैः ॥२४८॥

sahapiṇḍakriyāyāṃ tu kṛtāyāmasya dharmataḥ |
anayaivāvṛtā kāryaṃ piṇḍanirvapanaṃ sutaiḥ ||248||

 

But after the Amalgamating Rite has been duly performed, the offering of balls shall be done by the sons, by this same method. — (248)

 

Medhātithi’s commentary (manubhāṣya):

After the Sapṇḍīkaraṇa or the Amalgamating Rite has been performed, offering should be made to all the three ancestors, by ‘that same method;’ i.e., in accordance with the procedure of the “Pārvaṇa-śrāddha,” The term ‘āvṛt’ means procedure, method; which is thus prescribed — ‘The Sapiṇḍīkaraṇa Śrāddha should be performed, as preceded by the rite in honour of the gods; — the Pitṛs should be fed, — and among them the person just dead.’ By the term ‘Pitṛs’ here are meant the three ancestors beginning with the Grandfather, who have already entered the category of the ‘Pitṛs,’ by having been ‘united;’ these should be fed; — and ‘among them’ — i.e., among those same Brāhmaṇas that are fed for the united Pitṛs, the ‘person just dead’ should be invited; as it is thus that he becomes united with the ancestors; and this rite is meant to bring about this union Though Viṣṇu reads — ‘One should feed Brāhmaṇas in honour of the dead person, also in that of the father, grandfather, and greatgrandfather of the dead person,’ — yet here also it is not stated that they shall be fed separately. So that, just as a sacrificial material intended for several deities is offered to them all in a single oblation, similarly, the Brāhmaṇa also may be fed in honour of several ancestors; and there would be no incongruity in this. In fact, it is only thus that the use of the term ‘saha’ (in our text) becomes justified; and thus also it is that one avoids the feeding of an even number of Brāhmaṇas at the rite in honour of the Pitṛs [as there would be, if the Brāhmaṇa fed in honour of the dead person were distinct from the three fed in honour of the three higher united ancestors.] Further, according to those persons who accept the second alternative mentioned in verse 125, and feed one Brāhmaṇa each at the rite, in honour of the gods and that in honour of the Pitṛs, only one man is fed in honour of the three ancestors; similarly, here also (the same Brāhmaṇa shall be fed for four).

“The same line of argument would apply also to the rule that ‘three persons should be fed at the rite, in honour of the Pitṛs;’ and there also each of these three men might he fed in honour of all the. Pitṛs; as there also there is no mention of their being distinct.”

How do you say that there is no such mention? We read in the Gṛhyasūtra — ‘One ball alone shall not be offered to all, — this has been made clear by the term balls itself.’ Then again, it is said that ‘the cup dedicated to the deceased shall be poured into the cups dedicated to the Pitṛs;’ and if the cup of the deceased person were not distinct, from which cup could the water-offering be poured? If it be said that it would be poured out of the cup dedicated to all in common, — this would be highly improper; for that cup will have been dedicated to the three ancestors beginning with the grandfather, and not to the father (just dead); and it would not be proper to offer the water to the latter out of that which has been dedicated to others. It might be argued that the mixing up (laid down in the text just quoted) might be done after the water-offering has been made. But in that case, the said mixing would be done for the purposes of an entirely different offering; and this would be contrary to the injunction regarding the ‘pouring out,’ On the other hand, there is no incongruity in the method described by us above.

The next question that arises is — Who is it that is called ‘Preta,’ ‘departed,’ ‘deceased’ (mentioned by Viṣṇu above as one in whose honour Brāhmaṇas should be fed)? [The word meaning ‘dead’ should apply to all ancestors.]. As a matter of fact, however, no ball is offered to the great-grandfather after the Amalgamating Bite has been performed, since he has become united with the previous ancestors. Says the Smṛti, —

‘One who offers a separate hall to the united deceased, becomes by that act, the murderer of injunctions, as also of his father.’ And yet the ball is offered to the ‘deceased’ separately; and one and the same ball is not offered in common to all. In fact, the mantras that are recited at the rite also express the same idea — ‘ye samānāḥ, &c.’

Our answer to the above is as follows1The term ‘preta,’ ‘departed,’ does not denote the act connoted by the root ‘iṇ,’ ‘to go;’ in fact, it is used, not in its etymological, but conventional, sense of ‘one recently dead;’ certainly, one who has gone out on a long journey is not called a ‘preta’ (as he should he, if the term were used in its etymological sense). Further, the action of ‘going’ is present in the person who died long ago, as well as in one only just dead. It is for this reason that we have such expressions in the Śruti as — (a) ‘Prayannevāsmallokād-yesamānāḥ, etc.,’ and (b) ‘pretāyāmandinatrayam’ — where the term ‘preta’ is applied to one recently dead. As for the text quoted above — ‘he who would offer a separate ball to the deceased, etc.,’ — the meaning of it is as follows: After the ‘Amalgamating Rite,’ the ‘Ekoddiṣṭa’ the ‘Unitary Rite,’ should not be performed, — whenever śrāddha is performed, it should he offered to all the three ancestors, — and on the date of death also, it should be offered to the three ancestors, and not to the Father only. It is thus that the method of the ‘Pārvaṇa-śrāddha’ has been mentioned in the present text, — by the words, ‘by this same method’ — as to be adopted, in the Śrāddha in question also.

“The pronoun ‘this’ appears to stand for what forms the subject-matter of the present context; as pronouns, by their very nature, denote what is nearest to them; and in the present instance, what is nearest is the injunction regarding the ‘Unitary Rite.’”

Not so. If, even after the performance of the ‘Amalgamating Rite,’ the offering were made to one person only, then there would be no point in mentioning the two cases separately (as is done in 247 and 248). Further, the particle ‘tu,’ ‘but,’ clearly indicates deviation from the method of what forms the subject-matter of the context; the sense being — ‘the rule that has been laid down pertains to the case where the Amalgamating Rite has not been performed; but this should not be applied to the case where the said Rite has been performed.’ From all this it follows that, even though the mention of the method of the ‘Pārvaṇa’ is more remote, yet it is that which is meant to be adopted, in the present connection. Further, if after the performance of the ‘Amalgamating Rite,’ whenever it would be necessary to perforin the ‘Unitary Rite,’ the offering to all three ancestors would be made on the Amāvasyā day, — then what would be the difference? For, in this case also, would not there be present the condition mentioned in the present text — ‘after the Amalgamating Rite has been performed, etc., etc.’ Nor in the Institutes of Manu do we find any other time prescribed, such as ‘every year on the date of death etc.,’ to which the present text could be held to apply. So that (by the reasoning of the opponent), in all cases, it would be the ‘Unitary Rite’ that would have to be performed. And this would be contrary to the declaration of the Mahābhārata, where, in reference to the places of pilgrimage, it is said —

‘He satisfied his forefathers by means of śrāddha.’

As regards the text of the other Smṛti — ‘livery year, the śrāddha shall be performed like the monthly performance,’ — here also the ‘monthly śrāddha’ refers to the śrāddha on the Amāvasyā; as this latter is the archetype of all śrāddhas; and it is in connection with this that all the details have been prescribed. And it will not be right to take the term, ‘monthly performance,’ as standing for the Śrāddha performed every month during the year; because no specific details have been prescribed in connection with this latter, whereby it could be differentiated. As for the ‘Unitary Rite,’ the first of its kind is performed on the eleventh day (after death, (or the Brāhmaṇa), and on the thirteenth day (for the Kṣatriya), and so forth. Hence it cannot be right to refer to the ‘Unitary Rite’ by the term ‘monthly performance;’ the monthly performance is so called because of its connection with the ‘month’ as the time; but there is no connection between the Unitary Rite and any such time as the ‘month;’ it having been shown that it is connected with other points of time also. For instance, it having been declared that — ‘becoming pure, one should make offerings to the Pitṛs,’ it follows that such offerings could be made before the end of the month, as well as after it; so that there is no reason for speaking of it by the name ‘monthly performance.’ As for the ‘Amāvasyā Śrāddha,’ on the other hand, its originative injunction containing the term ‘Pūrṇamāsa’ (the Full Moon Day, which literally means Full-Month), — the time being fixed by such texts as ‘the offering should be made monthly’ — and no other time being mentioned in this connection, — and all the details of the Amāvasyā Śrāddha being found present in the Śrāddha in question also, — it is only right that this latter should be declared as having the details of the ‘Amāvasyā’ applicable to it.

The Śrāddha-offering with uncooked substances also has its archetype in the ‘Pārvaṇa-Śrāddha;’ and having this for its archetype, it would follow that the offering is to be made to three ancestors; and hence (in view of the possibility of this being accepted), the text enjoins the propriety of the ‘Unitary Offering’ only.

As for Yājñavalkya’s declaration (Ācāra, 256) — ‘For one year, every month, on the date of death, the Śrāddha should be performed; similarly, at the end of each year; the first Śrāddha being performed on the eleventh day (after death);’ — here also it is the same method that is prescribed. There also it is the ‘Amāvasyā Śrāddha,’ that has been recognised as the archetype. Even if the ‘Unitary

Rite’ were connected with the ‘month’ as the time, it would not be right to make it borrow its details from the Rite here mentioned; as a beggar does not beg from another beggar; so that, since this also would be as much of an ‘Ectypal Rite’ as the ‘Unitary Rite’ itself (there could be no borrowing between them).

Further, there is only one Śrāddha; and the term ‘monthly’ being a generic one, there is nothing to indicate that it stands for the ‘Unitary Rite’ only.

In Yājñavalkya also we find the same thing. If Yājñavalkya’s text were taken as referring to what has gone immediately before it, then the method of the ‘Amalgamating Rite’ should be applicable to it; as the Śrāddha in question is found mentioned after this latter. Having said — ‘this is the Amalgamating Rite,’ and ‘before the Amalgamating Rite,’ — it is said immediately after this ‘on the date of death, &c.’

From all this it follows that not taking any account of mere proximity, the details that are indicated as belonging to it are those of the ‘Amāvasyā Śrāddha.’

The Mantras also support our view. It says — ‘Become united with the previous ancestors, &c., &c.;’ and it is the person recently dead who is thus addressed; the plural number in ‘Saṃsṛjyadhvam; being purely honorific: as says the author of the Nirukta — ‘In the expression etā utyā uṣasaḥ &c., the single Uṣas, Dawn, is spoken of in the plural, for the purpose of showing respect to it.”

“The term ‘Saṃsṛjyadhvam,’ ‘become united,’ should refer to those balls into which the ball offered to the deceased is thrown in; and this latter ball also should be referred to by words in the plural, ‘pūrvebhiḥ pitṛbhiḥ etc.’ For in this case it is only this latter plural number that will have to be regarded as figurative. Otherwise, if the plural verb ‘Saṃsṛjyadhvam’ also were taken as referring to the ball that is thrown in, the plural number in both would have to be regarded as figurative and unreal.”

There is no force in this also. Because as a matter of fact, what becomes united with each one of the balls is only a portion of the ball that is thrown in; as is clear from the direction — ‘having offered the fourth ball, one should divide it into three parts and put it into the balls so that the three balls do not all become the container, at one and the same time; and it is only if this were the case that the plural number in ‘Saṃsṛjyadhvam’ could be applicable literally.

“If each of the three is referred to separately, even so, why could not the plural in ‘Saṃsṛjyadhvam’ and the indirect address be taken as referring to the balls into which the one ball is thrown in? Specially as the word ‘pitrvebhiḥ’ referring to the ball that is thrown in, it would not be right to refer to it by the pronoun ‘ebhiḥ,’ ‘these.”’

Well, the Mantra in question — ‘Saṃsṛjyaḍhvam etc.’ not being an injunctive one, we need not trouble ourselves over its interpretation; it is, as a matter of fact, purely descriptive; and the description applies to what is enjoined; and in the present connection what has been enjoined is the uniting of the balls; so that this uniting is all that is indicated by the Mantra. As for the number (singular or plural), this is not directly enjoined (by any text), and hence also not obtained by implication; it becomes connected with the passage by mere probability, and this probability is recognised prior to the Mantra (which therefore could have no bearing upon it).

Some people have said that — “the term ‘fourth’ (in the text just quoted) may mean simply predecessor; so that the deceased (father) being the first, in relation to him the great-grandfather would be the ‘fourth’ predecessor.”

This also is not right. In fact, it is the ball offered to the deceased which is called the fourth, — this being the one which completes the number four, after the balls to his ancestors have been deposited. Further, the Śrāddha in question begins with the Pitṛs, and not with the deceased; since it has been declared that — ‘one shall invite the Pitṛs, not mentioning the deceased.’ So that the order to be adopted would be that the first ball offered is to the father (of the deceased); and in regard to this also the following rule has been laid down; The dividing into three parts and the placing upon the balls to the Pitṛs are to be done of that same ball which is the fourth. All that is meant there is that ‘one should giveaway the fourth ball after having divided it into three parts;’ the connection of the ‘ball’ with the act of ‘giving away’ being clearly implied. When the question arises as to what is that which is to be divided into three parts, — it is the ball that is mentioned in close proximity which becomes connected with it. All doubts being set at rest by this, there is apparently no ground for connecting the term ‘fourth’ also with it.

Then again, when there is a doubt as to which ball is it that is to be divided, the answer is supplied by another Smṛti — ‘Having offered four balls to each individual name, the offerer of the ball should divide the first with the two mantras beginning with ye samānāḥ.’ The one particular ball is called ‘first’ only in view of its being the first to be offered, and not because of its being related to the first ancestor. Because the great-grandfather would be the ‘predecessor’ of the grandfather, who, in his turn, would be the ‘predecessor’ of the Father; so that there being no definiteness, the exact meaning of the verse would remain uncertain. The order of the offering, however, is fixed by rule; hence in that there is no indefiniteness.

Thus then, the act of dividing into three parts having been connected with the fourth ball, this dividing should be done, on the strength of another Smṛti, in the order of the offering. Consequently, it is said in the Kāṭhaka that — ‘it is clear that the dividing is of the previously dead,’; — we ask now — whence does it follow that this is clear?

It has been held that — “the offering is not made to the deceased because he has become included among the Pitṛs.”

This also is nothing. Because it is in accordance with a direct injunction that the offering is not made: ‘The ball does not go to the fourth;’ again ‘the ball proceeds to three only.’ As for the reading invented by the writer himself — ‘he shall not mention the deceased,’ and the explanation of this as that ‘the deceased having become united with the Pitṛs, this text prohibits a further offering to him,’ — the fact of the matter is that the reading of the text is not thus; in reality no prohibitive term is found in the text at all; what is found is the cumulative particle (‘ca’ instead of ‘na’). Even if the reading contained the negative particle, the same explanation would apply to this case which we have pointed out in connection with the prohibition of a separate ball for the deceased contained in the verse — ‘yaḥ sapiṇḍīkṛtam etc. etc’.

As regards such assertions as — ‘after the Amalgamating Rite the son shall perform for his parents, every year, the Unitary Rite, and for the rest the Pārvaṇa rite’, — and so forth, if there are really such passages (in authoritative works) then what is the use of the proclaiming of the name ‘Amāvasyā?’ In fact, these passages are not found in any of the well-known Smṛti texts recognised by cultured people.

For these reasons, we conclude that there is nothing to indicate any differentiation, from which we could deduce the fact that the balls offered to the ancestors are placed upon that offered to the deceased. For this same reason the established practice should not be abandoned. It has also been shown that this same view is in accordance with reason; Thus it is clear that some people have been led to accept the view that the balls of the ancestors are to be deposited, by construing the words of the text in a different manner.

In verse 247 here — where it is said that ‘For the twice-born person just dead, there should be performed the rite upto Sapiṇḍīkaraṇa, one should do the feeding at his Śrāddha without any in honour of the gods, and he shall offer one ball;’ — The ‘Sapiṇḍīkaraṇa’ or ‘Amalgamating Rite’ should be regarded only as partially binding in a case where the Father has died, while the Grandfather is still alive; i.e., it is to be performed only when no regard is paid to the prohibition contained in the words ‘one shall not make an offering that involves the ignoring of a living person.’ When, however, one accepts the view that ‘there should be precedence etc. etc.’ then, the Grandfather should be left out and the dead father should be united to the higher ancestors. Similarly, the rite is only partially binding when the Father is offering the Śrāddha to his dead son. Similarly, too, when one’s wife dies without issue, the performance is only partially binding upon the step-son whose mother may be living.

Says the text — ‘For those that die childless, others shall perform the rite, and those ladies again for those.’

The term ‘sutaiḥ,’ ‘sons’ in the text stands for children; though the presence of the term ‘suta’ might be taken to indicate the inclusion of the son’s substitutes also, if the particle ‘sva,’ ‘own,’ were not taken as precluding those others. — (248)

 

Explanatory notes by Ganganath Jha:

Burnell is wrong in saying that ‘verse 248 is apparently omitted by Medhātithi’ It is strange that scholars of the ‘Critical School’ should be making such statements on the strength of Mss. which they know to be imperfect and incomplete.

This verse is quoted in Smṛtitattva (p. 802) as likely to be interpreted as indicating the ‘offering of the Ball’ to be the principal factor. It combats this view and adds that in the compound ‘piṇḍanirvapaṇam’ the term ‘piṇḍa’ is to be understood as synonymous with ‘pitṛ’, so that what the compound means is ‘offering to the Pitṛs.’

Medhātithi (P. 286, l. 14) — ‘Sapiṇḍīkaraṇaśrāddham &c.’ This appears to be a paraphrase of the verse, which is quoted also in Mitākṣarā (on ll. 253-254), where, however, the reading is ‘pretānna nirdishet.’ See below Bhāṣya, p. 289, ll. 15-20.

 

Comparative notes by various authors:

Jātūkarṇa (Parāśaramādhava, p. 445). — ‘When the father has become one of the Pitṛs, his son shall, year after year, and month after month, offer to him Śrāddha in the manner of the Pārvaṇa Śrāddhas.’

Jamadagni (Do.). — ‘When the father or the mother has become amalgamated with the Piṭṛs, the body-born son shall offer to the parents, on the day of their death, in the manner of the Śrāddha performed on the moonless day.’

 

 

VERSE 3.249 [Procedure after Feeding]

Section XV - Procedure after Feeding

 

श्राद्धं भुक्त्वा य उच्छिष्टं वृषलाय प्रयच्छति ।
स मूढो नरकं याति कालसूत्रमवाक्षिराः ॥२४९॥

śrāddhaṃ bhuktvā ya ucchiṣṭaṃ vṛṣalāya prayacchati |
sa mūḍho narakaṃ yāti kālasūtramavākṣirāḥ ||249||

 

He who, having eaten at a śrāddha, gives the leavings to a śūdra, — this foolish man falls headlong into the Kālasūtra hell. — (249)

 

Medhātithi’s commentary (manubhāṣya):

Though the text mentions the evil accruing to the diner, yet the advice intended is conveyed to the performer of the śrāddha; the sense being that ‘he should manage it so that the diner does not offer the leavings to a Śūdra.’ This form of the rule is analogous to that pertaining to the Priests (where also what is meant is that the master of the sacrifice so arranges things that the Priests do not commit any breaches of law).

‘Vṛṣala’ — Śūdra.

‘Head-long’ — With the feet upwards.

The term ‘śrāddha’ has been repeated here for the purpose of guarding against the idea that what is here stated pertains to the ‘Amalgamating Rite’ only. — (249)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 498); — and in Gadādharapaddhati (Kāla, p. 559).

 

Comparative notes by various authors:

Vṛddha-Śātātapa (51). — [Reproduces Manu, but reading ‘tiryagyonau ca jāyate’ for ‘kālasūtramavākśirāḥ.’]

 

 

VERSE 3.250

Section XV - Procedure after Feeding

 

श्राद्धभुग् वृषलीतल्पं तदहर्योऽधिगच्छति ।
तस्याः पुरीषे तं मासं पितरस्तस्य शेरते ॥२५०॥

śrāddhabhug vṛṣalītalpaṃ tadaharyo'dhigacchati |
tasyāḥ purīṣe taṃ māsaṃ pitarastasya śerate ||250||

 

Having eaten at a Śrāddha, if one enters the bed of a woman on that day, his ancestors lie in her ordure for the whole of that month. — (250)

 

Medhātithi’s commentary (manubhāṣya):

They say that the term ‘vṛṣalī’ in this verse stands for woman generally; and in this sense they explain the etymology of the term to mean — ‘vṛṣasyati’ — chālayati, ‘moves’ — ‘bhartāram.’ ‘her husband,’ Be this woman a Brāhmaṇī or any other caste — all are prohibited. Says another Smṛti (Gautama, 15.23) — ‘On that day he shall remain firmly continent.’

‘Bed’ denotes sexual intercourse; the prohibition does not apply to merely entering the bed.

‘Day’ stands for day and night; hence the prohibition applies to the night also.

‘Ordure’ — this is a deprecatory exaggeration, intended to dissuade men.

‘His ancestors’ — i.e., the ancestors of the man eating at the śrāddha.

This also has to be explained as before; that is, the rule applies to both (the feeder and the eater). As regards the eater, what is here laid down is only ‘circumstantial;’ that is, it is enjoined as to be observed by him only when the circumstance of eating at śrāddhas is present. From the context, however, it is clear that it pertains to the Rite (and hence to the Performer) also. — (250)

 

Explanatory notes by Ganganath Jha:

‘Vṛṣalī’ — Neither Medhātithi nor Kullūka takes this in the sense of a ‘Śūdra female.’ Buhler is not right in attributing this explanation to them. Both of them explain it as ‘any woman’; and they derive this meaning etymologically, by using the term ‘vṛṣasyati,’ ‘one who attracts to herself the male.’ Nor is Buhler right in attributing to Nārāyaṇa the explanation that the word ‘vṛṣalī’ means ‘a seducing woman’; as Nārāyaṇa also uses the term ‘vṛṣasyanti’ only by way of pointing out the etymological signification of the term ‘vṛṣalī’.

 

Comparative notes by various authors:

Mahābhārata (13.90,12). — ‘Having eaten at a Śrāddha, if one reads the Veda, or enters the bed of a woman (the rest as in Manu).’

 

 

VERSE 3.251

Section XV - Procedure after Feeding

 

पृष्ट्वा स्वदितमित्येवं तृप्तानाचामयेत् ततः ।
आचान्तांश्चानुजानीयादभितो रम्यतामिति ॥२५१॥

pṛṣṭvā svaditamityevaṃ tṛptānācāmayet tataḥ |
ācāntāṃścānujānīyādabhito ramyatāmiti ||251||

 

Having asked — “Have you dined well?” — he shall, after they have been fully satisfied, make them wash; and when they have washed, he shall say — “You may rest where you choose. — (251)

 

Medhātithi’s commentary (manubhāṣya):

After food, drink and water for sipping have been offered, the guests should be questioned — with the words ‘have you eaten well?’

According to another Smṛti, the question should be put by the host, food in hand. It is the nature of some people that if the food is not near at hand, they do not ask for it, even though they may have desire for it, fearing the trouble they would cause; but if the food is close by, they take it.

‘After they have been fully satisfied, he shall make them wash.’

Others have explained this to mean that the guests should be put the question — ‘Are you fully satisfied?’ And when they have ascertained the fact of their having been fully satisfied, they should be further propitiated by the question — ‘Have you dined well?’ It is going to be declared (under 254) that ‘at the rite in honour of the Pitṛs one should say Have you dined well?’

‘When they ham washed, he shall say &c.’ — ‘Where you choose’ — i.e., at either of the two places, — here or at your own house, you may take your rest, in any manner you choose. — (251)

 

Comparative notes by various authors:

Viṣṇu (73. 25-26). — ‘After the Brāhmaṇas have eaten and become fully satisfied, he shall sprinkle water with grass on the food, with mantra ‘Māmekṣeṣṭha,’ — scatter the food near the leavings, — ask the Brāhmaṇas, Are you fully satisfied — and having made them sit facing the north, he shall offer them water for rinsing the mouth; after that he shall thoroughly wash the spot where Śrāddha had been offered; — he shall do all this with kuśa in hand, — going round the Brāhmaṇas facing the east with the mantra Yanme rama, etc., he shall honour them with such gifts as may be within his power, and address to them the words Abhiramantu bhavantaḥ; on which they should say Abhiratāḥ smaḥ devāśca pitaraśca.’

Yājñavalkya (1.242). — ‘Taking up the food, saying Vriptāḥ sthaḥ, he shall obtain their permission and scatter the food on the ground and pour water once.’

Āśvalāyana-Gṛhyasūtra (4.8.22). — ‘Having asked sampannam (Is it completed?), he shall gather all the food that has been used and having taken out of it just what may be needed for the Sthālīpāka and Piṇḍa offerings, the rest he shall hand over.’

 

 

VERSE 3.253

Section XV - Procedure after Feeding

 

ततो भुक्तवतां तेषामन्नशेषं निवेदयेत् ।
यथा ब्रूयुस्तथा कुर्यादनुज्ञातस्ततो द्विजैः ॥२५३॥

tato bhuktavatāṃ teṣāmannaśeṣaṃ nivedayet |
yathā brūyustathā kuryādanujñātastato dvijaiḥ ||253||

 

He shall then inform them of the food that may be left after they have eaten; being permitted by the Brāhmaṇas he shall do as they tell him. — (253)

 

Medhātithi’s commentary (manubhāṣya):

They shall be informed of the food that has been eaten; they should be told — ‘here is this.’ ‘Being permitted by them, he shall do as they tell him,’ that is, without their permission he shall not make any other use of the food. — (253)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 504), which adds that ‘if the Brāhmaṇas so wish, the food should be sent over to their house; or if they permit him to eat it, along with his relations, this may be done.’

 

Comparative notes by various authors:

Śaunaka (Aparārka, p. 503). — ‘Having seen that the Brāhmaṇas are satisfied,...... he shall keep some food for the sake of the ball-offerings, and offer the rest to the Brāhmaṇas, or use it according to their instructions.’

Āśvalāyana-Gṛhyasūtra (4.8.11). — ‘Having enquired if all was complete, he shall keep, for the Sthālīpāka and the Piṇḍa offerings, everything that may have been used, and what remains he shall present (to the Brāhmaṇas).’

Yājñavalkya (1.242). — In regard to the remnants, he should ascertain their wishes.’

Laghu-Āśvalāyana (23.70). — ‘Everything having been completed, he shall ask them ‘what is to he done with the remnants?’ — On being permitted by them, he shall eat it, along with his friends.’

 

 

VERSE 3.254

Section XV - Procedure after Feeding

 

पित्र्ये स्वदितमित्येव वाच्यं गोष्ठे तु सुशृतम् ।
सम्पन्नमित्यभ्युदये दैवे रुचितमित्यपि ॥२५४॥

pitrye svaditamityeva vācyaṃ goṣṭhe tu suśṛtam |
sampannamityabhyudaye daive rucitamityapi ||254||

 

At the rite in honour of the Pitṛs, one should say “svaditam” (well-dined); at the Goṣṭha, “suśṛtam” (well-cooked); at the Ābhyudayika rite, “sampannam” (accomplished); and at the rite in honour of the gods, “rucitam” (agreeable). — (254)

 

Medhātithi’s commentary (manubhāṣya):

Other persons also, happening to be present on the occasion, should offer words of encouragement; and the terms to be used are here mentioned.

Another commentator explains as follows: — The permission to take food should be sought by means of these terms; hence these words have got to be uttered by the performer of the Śrāddha. But he should say, ‘Svadadhvam,’ ‘please eat well,’ and not ‘Svaditam,’ ‘well eaten;’ or, the reading may be ‘Svadatu’ (‘do eat please’).

This explanation is based upon another Smṛti and upon custom; and, according to this, when the Brāhmaṇas have begun to eat, they should be enlivened by the performer of the Śrāddha with these words.

‘At the goṣṭha’ — i.e., when several cows are sitting at the same place; — the word to be pronounced is ‘Suśṛtam,’ ‘well-cooked.’

The word ‘Astu,’ ‘may it be,’ is understood everywhere.

At the rite in honour of the gods, the term used should be ‘rucitam’ or ‘rocitam — (254)

 

Explanatory notes by Ganganath Jha:

‘Vācyam’ — ‘By the giver of the feast or any other person that happens to come’ (Medhātithi and Govindarāja); — ‘by the giver of the feast’ (Kullūka).

‘Goṣṭhe’ — ‘In the cow-pen’ (Medhātithi); — ‘at the Goṣṭhīśrāddha’ (Kullūka and Rāghavānanda); — ‘at a feast given to Brāhmaṇas for the purpose of bringing some benefit to the cows’ (Nārāyaṇa).

This verse is quoted in Śrāddhakriyākaumudī (p. 177) as prescribing the form of ṭhe question to be addressed to the invited at a Śrāddha, after they have been fed.

 

Comparative notes by various authors:

Vaśiṣṭha (3.63-64). — ‘At the offering to Pitṛs, the term svaditam; — at the Ābhyudayika offerings — Sampannam.’

(See 235 above.)

 

 

VERSE 3.255 [Essentials of Śrāddha]

Section XVI - Essentials of Śrāddha

 

अपराह्णस्तथा दर्भा वास्तुसम्पादनं तिलाः ।
सृष्टिर्मृष्टिर्द्विजाश्चाग्र्याः श्राद्धकर्मसु सम्पदः ॥२५५॥

aparāhṇastathā darbhā vāstusampādanaṃ tilāḥ |
sṛṣṭirmṛṣṭirdvijāścāgryāḥ śrāddhakarmasu sampadaḥ ||255||

 

The afternoon, Kuśa-Grass, setting up of the dwelling, sesamum grains, liberality, cleaning and superior Brāhmaṇas; — these are the essentials of Śrāddha-rites. — (255)

 

Medhātithi’s commentary (manubhāṣya):

The Śrāddha should be performed in the afternoon.

‘These are the essentials of Śrāddha rites,’ — i.e., attempt should be made to bring about all these things.

Though the present text mentions the ‘afternoon’ without reference to any particular Śrāddha, yet it is not to be observed in connection with all Śrāddhas: for we have another Smṛti-text to the effect that — ‘rites in honour of the gods shall he performed in the forenoon; that in honour of the Pitṛs in the afternoon; the Śrāddha offered to a single person shall be performed at mid-day, while that in connection with auspicious rites shall be performed in the morning.’

‘Dwelling’ — house; the ‘setting up’ ‘of this consists in the white-washing of the walls with lime etc., the smearing of the floor with cowdung; having its slope to wards the south.

‘Liberality’ — charity; i.e., unstinted giving away of food and vegetables.

‘Cleaning’ — washing; i.e., a particular maimer of preparing the food.

Others have explained this verse to mean that these things constitute the ‘excellence’ — the superiority — of the rites, — and not that they shall not be performed without these. — (255)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 474), which explains ‘Sṛṣṭi’ as connoting ‘plenty’, and ‘Mṛṣṭi’ as connoting ‘deliciousness’; — and in Hemādri (Śrāddha, pp. 111 and 72), which adds the following notes: — ‘V āstu’, the house built for the Śrāddha-performance, — its ‘Sampādana’ means ‘building or acquiring by purchase, making it slope towards the South, levelling, washing and besmearing with cow-dung’ — ‘Sṛṣṭi’ means ‘giving away’ i.e., freely giving away vegetables and other things, — ‘Mṛṣṭi’, cleanliness or sweetness, — ‘agryāḥ’, those equipped with Vedic learning, — these are ‘Śrāddhasampadaḥ’ i.e., excellences of things used at the Śrāddha; this implies that all these should be got together.

 

Comparative notes by various authors:

Prajāpati (70.71). — ‘The following Brāhmaṇas are conducive to the accomplishment of the Śrāddha: — Those that are devoted to the Vedic duties, those that are of calm disposition, sinless, devoted to the fires, firm in their duties, firm in their austerities, conversant with the meaning of the Veda, born of noble families, devoted to their parents, living by the methods prescribed for Brāhmaṇas, teachers, those conversant with Brahman.’

Yama-Hārīta-Śātātapa (quoted in Caturvargacintāmaṇi-Śrāddha, p. 1172). — [Reproduce Manu.]

 

 

VERSE 3.256

Section XVI - Essentials of Śrāddha

 

दर्भाः पवित्रं पूर्वाह्णो हविष्याणि च सर्वशः ।
पवित्रं यच्च पूर्वोक्तं विज्ञेया हव्यसम्पदः ॥२५६॥

darbhāḥ pavitraṃ pūrvāhṇo haviṣyāṇi ca sarvaśaḥ |
pavitraṃ yacca pūrvoktaṃ vijñeyā havyasampadaḥ ||256||

 

Kuśa-Grass, the sanctificatory texts, the forenoon, all kinds of sacrificial food, purity and also the afore-mentioned these should be regarded as the essentials of a sacrifice. — (256)

 

Medhātithi’s commentary (manubhāṣya):

‘Kuśa-grass’ — is well-known.

‘Sanctificatory texts’ — Mantras.

‘Sacrificial food’ — articles of food fit for sacrifices; these are going to be described in the next verse.

‘Purity’ — cleanliness of conduct.

‘And also the afore-mentioned’ — i.e., what have been mentioned in the preceding verse, in the shape of ‘setting up of the dwelling, liberality, cleaning, superior Brāhmaṇas’ equipped with character and learning.

‘Essentials of a sacrifice’ — ‘Sacrifice’ consists in the act of offering to the gods and of feeding Brāhmaṇas in honour of the gods; the term ‘havya,’ ‘sacrifice,’ standing for what is done in honour of the gods. — (256)

 

Explanatory notes by Ganganath Jha:

‘Pavitram’ — ‘Purificatory texts’ (Medhātithi); — ‘Means of purification’ (Nārāyaṇa).

 

Comparative notes by various authors:

Yama-Hārīta-Śātātapa (Do.). — [Reproduce Manu.]

 

 

VERSE 3.257

Section XVI - Essentials of Śrāddha

 

मुन्यन्नानि पयः सोमो मांसं यच्चानुपस्कृतम् ।
अक्सारलवणं चैव प्रकृत्या हविरुच्यते ॥२५७॥

munyannāni payaḥ somo māṃsaṃ yaccānupaskṛtam |
aksāralavaṇaṃ caiva prakṛtyā havirucyate ||257||

 

The food of hermits, milk, the soma-herb, meat that is not forbidden, salt other than alkaline. are, by nature, called “sacrificial food.” — (257)

 

Medhātithi’s commentary (manubhāṣya):

‘Hermit’ — i.e., the Vānaprastha; his ‘food’ consists of the Nīvāra and other wild-growing grains; this is mentioned only by way of illustration; it indicates the Vrīhi and other similar grains; and it is in view of this that in the preceding verse we have the phrase ‘of all kinds,’ and also in the verse 266, the expression, ‘sacrificial food which serves for a long time,’ which introduces the enumeration of artificially grown grains also, such as ‘tila, vrīhi, yava, māṣa,’ and so forth.

‘Milk’ — which includes its preparations, such as curds and the like; such being the sense of Smṛtis and also sanctioned by usage.

‘Unforbidden’ — sanctioned, not prohibited. Meat obtained from slaughter-houses is regarded as ‘forbidden.’

‘Akṣāralavaṇa’ — A doubt arises here as to whether this is a negative compound containing a copulative one, or a purely negative compound. Does it mean merely ‘absence of salts and alkalines’ (as it would, if it were a negative compound with a copulative one), or is ‘kṣāra-kavaṇa’ (alkaline salt) the name of a particular kind of salt, and the text permits the use of salts other than that kind ? It appears better to take it as standing for a particular kind of salt. If it meant the mere negation of a copulative compound, there would be two compounds, and the negative particle would have to be construed with each of the two members of the copulative compound; and all this would involve a great deal of complication.

‘Sacrificial food, by nature;’ — that is, all this is to be regarded as ‘sacrificial food,’ without any qualifications; this is what is to be understood to be the meaning in all such general injunctions as ‘he lives upon sacrificial food,’ breakfasts on sacrificial food,’ and so forth — (257).

 

Explanatory notes by Ganganath Jha:

‘Anupaskṛtam’ — ‘Not forbidden’ (Medhātithi); — ‘not prepared with spices’ (Govindarāja and Nārāyaṇa); — ‘not dressed as usual’ (Nandana); — ‘not tainted by bad smell’ (Kullūka and Rāghavānanda).

This verse is quoted in Smṛtitattva (p. 225), which explains ‘anupaskṛtam’ as ‘of such seasonings as are brought about by cooking &c.’ It rejects the explanation of Kullūka (‘free from bad smell’) on the ground that the word can have no such meaning; — and in Aparārka (p. 500), which explains it as ‘what has not been cooked for some other purpose’ — and again on p. 551, as enumerating what is haviṣya; — also in Hemādri (Śrāddha, pp. 541 and 573); — in Śrāddhakriyākaumudī (p. 4220), which explains ‘anupaskṛtam’ as ‘not rotten’, ‘not foul smelling’, — Soma as the juice of the Soma-creeper; — and in Gadādharapaddhati (Kāla, p. 538).

 

 

VERSE 3.258 [Request for Benediction of Ancestors]

Section XVII - Request for Benediction of Ancestors

 

विसृज्य ब्राह्मणांस्तांस्तु नियतो वाग्यतः शुचिः ।
दक्षिणां दिशमाकाङ्क्षन् याचेतैमान् वरान् पितॄन् ॥२५८॥

visṛjya brāhmaṇāṃstāṃstu niyato vāgyataḥ śuciḥ |
dakṣiṇāṃ diśamākāṅkṣan yācetaimān varān pitṝn ||258||

 

Having dismissed those Brāhmaṇas, he, with collected mind, controlled in speech and pure, turning towards the southern quarter, shall beg these boons of his ancestors. — (258)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse was only by the way; the present verse takes up the thread of the context.

‘Dismissed’ — having permitted them to go wherever they please.

‘Those Brāhmaṇas’ — who have dined.

After this, looking towards the southern direction, he should ‘beg’ — ask for — the following ‘boom’ — desirable things — ‘of his ancestors;’ thinking all the time of his ancestors. He should beg — with such words as — ‘may this and this be mine after you have been satisfied.’ — (258)

The next verse describes what the boons are that should he begged.

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Smṛtitattva (p. 183), which adds the following notes: — Vācaspati Miśra has explained this to mean that ‘though actually facing the East, the man should, in thought face the South’; but this is not right; as Gobhila has distinctly laid down that the man should be actually facing the South. — Nor is there any reason for taking the words of Manu in that sense; it is for this reason that the commentators have explained the phrase ‘dakṣiṇām diśamākāṅkṣan’ as ‘looking towards the South’.

The verse is quoted in Śrāddhakriyākaumudī (p. 207), which has the following notes: — ‘facing the East but looking sideways towards the South’; Kullūka has explained ‘ākāṅkṣan’ as looking towards; but such is not the meaning of the word; — and in Hemādri (Śrāddha, p. 1483), which explains the meaning as — ‘Dismissing them, to go their way, rising and following them and bringing them to the place for washing the feet, and then looking towards the South, should ask for the desired boons.’

 

Comparative notes by various authors:

(verses 3.258-259)

Viṣṇu (73.27-30). — ‘Pronouncing the name and the gotra, he shall offer the imperishable water; then he shall address the words — Viśvedevāḥ priyantam — to those facing the east; and then with joined hands and mind calm and concentrated on them, he shall beg for the following blessings — (Manu, 259 and the following) May we have much food! May we have guests! May there be persons to beg from us! May we not beg of any one!.’

Yājñavalkya (1.246). — [Reproduces Manu 259.]

 

 

VERSE 3.259

Section XVII - Request for Benediction of Ancestors

 

दातारो नोऽभिवर्धन्तां वेदाः सन्ततिरेव च ।
श्रद्धा च नो मा व्यगमद् बहुदेयं च नोऽस्त्विति ॥२५९॥

dātāro no'bhivardhantāṃ vedāḥ santatireva ca |
śraddhā ca no mā vyagamad bahudeyaṃ ca no'stviti ||259||

 

‘May our benefactors prosper! As also the Vedas and our progeny! May our faith never waver! May there be much for us to give away!’ — (259)

 

Medhātithi’s commentary (manubhāṣya):

This has to be recited like a Mantra-text — (259)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 183) without comment; — in Nirṇayasindhu (p. 330); — and in Hemādri (Śrāddha, p. 1483).

 

Comparative notes by various authors:

(verses 3.258-259)

See Comparative notes for Verse 3.258.

 

 

VERSE 3.260 [Disposal of Offerings]

Section XVIII - Disposal of Offerings

 

एवं निर्वपणं कृत्वा पिण्डांस्तांस्तदनन्तरम् ।
गां विप्रमजमग्निं वा प्राशयेदप्सु वा क्षिपेत् ॥२६०॥

evaṃ nirvapaṇaṃ kṛtvā piṇḍāṃstāṃstadanantaram |
gāṃ vipramajamagniṃ vā prāśayedapsu vā kṣipet ||260||

 

Having made the offering thus, he should, after this, either make the cow or the Brāhmaṇa or the goat or the fire to eat the balls, or throw them into water. — (260)

 

Medhātithi’s commentary (manubhāṣya):

‘After this’ — after the offering of the balls.

‘The balls’ — that have been offered to the Pitṛs — ‘he should make the cow, etc. to eat.’ In the case of the fire, the ‘making to eat’ would consist in their being thrown into the fire.

‘Prāpayet’ ( offer) is another reading for ‘prāśayet’ (make to cat). — (260)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Gadādharapaddhati (Kāla, p. 563).

 

Comparative notes by various authors:

(verses 3.260-261)

Yājñavalkya (1.257). — ‘The halls he shall give to the cow, the goat and the Brāhmaṇa; or he shall throw them into fire or water; so long as the Brāhmaṇas are there, the remnants of food shall not be removed.’

Gobhila (4.3.31-34). — ‘The halls he shall throw into water; or into the kindled fire; or Brāhmaṇas may be fed on them; or they may be given to cows.’

Baudhāyana (2.8.9.). — ‘The balls shall be given to birds.’

Āśvalāyana Gṛhyasūtra (4.8.9.). — ‘The balls shall be deposited after the Brāhmaṇas have eaten, but before they have washed; — and just when it may be desired or permitted by them; while according to others, this should be done after they have washed.’

Śāṅkhāyana-Gṛhyasūtra (4.19). — ‘The balls shall be offered, after they have eaten, but before that, according to some.’

Laugākṣi (Parāśaramādhava, p. 750). — ‘At sacrifices which are not commended, they offer the balls before the feeding; but at those that are commended, it is done after the feeding.’

Smṛtyantara (Do.). — ‘As regards the different times that have been laid down for the offering of the balls, one should follow the practice of his own rescension.’

 

 

VERSE 3.261

Section XVIII - Disposal of Offerings

 

पिण्डनिर्वपणं के चित् परस्तादेव कुर्वते ।
वयोभिः खादयन्त्यन्ये प्रक्षिपन्त्यनलेऽप्सु वा ॥२६१॥

piṇḍanirvapaṇaṃ ke cit parastādeva kurvate |
vayobhiḥ khādayantyanye prakṣipantyanale'psu vā ||261||

 

Some people do the ball-offering afterwards, others cause them to be eaten by birds, or throw them into fire or water. — (261)

 

Medhātithi’s commentary (manubhāṣya):

Some people make the offering after the Brāhmaṇas have been fed.

‘They cause them to be eaten by birds.’ — This mode of disposal is in addition to those mentioned above.

‘Fire — this is only a reiteration of what has been said above.

This offering of balls, after the feeding of Brāhmaṇas, is meant to be done near the place where the leavings of the dinner lie. — (261)

 

Explanatory notes by Ganganath Jha:

‘Parastāt’ — This is the right reading, and not ‘purastāt’; as it is clear that the offering is to be made after the feeding of the Brāhmaṇas.

The first half of this verse is quoted in Madanapārijāta (p. 599), which, accepting the reading ‘purastāt’, explains the line to mean that ‘the offering is made before the Brāhmaṇas begin to eat, just after they have been worshipped, or after the offering has been made into the fire.’ — The whole verse is quoted in Gadādharapaddhati (Kāla, p. 563), which says that ‘prakṣipanti etc.’ is only reiterative of what has been prescribed in the preceding verse.

Parāśaramādhava (Ācāra, p. 752) also quotes the first half, reading ‘purastāt’; and adds the following explanation: — Some people hold that the offering of the Ball is to be done before the Brāhmaṇas have eaten, just after they have been worshipped, or after the offerings have been made into the fire; — but from the use of the term ‘kechit’ in the text, it seems that according to others the Ball is to be offered after the Brāhmaṇas have eaten, but before they have washed, or after they have washed, but either before or after they have been dismissed. The conclusion on this point is that the offering of the Ball is to be done before the feeding of the Brāhmaṇas only at inferior Śrāddhas that are performed before the Amalgamating Rite, while at this Rite itself as well as at those that follow it, it is to be done after the feeding. The difference in this practice is due to the custom obtaining among the followers of the different Vedic Schools.

 

Comparative notes by various authors:

(verses 3.260-261)

See Comparative notes for Verse 3.260.

 

 

VERSE 3.262

Section XVIII - Disposal of Offerings

 

पतिव्रता धर्मपत्नी पितृपूजनतत्परा ।
मध्यमं तु ततः पिण्डमद्यात् सम्यक् सुतार्थिनी ॥२६२॥

pativratā dharmapatnī pitṛpūjanatatparā |
madhyamaṃ tu tataḥ piṇḍamadyāt samyak sutārthinī ||262||

 

The lawful wife, devoted to her husband and intent upon the worshipping of the Pitṛs, should, if desirous of a son, eat in the proper manner, the middlemost ball. — (262)

 

Medhātithi’s commentary (manubhāṣya):

The modes of disposal mentioned above apply to the first and the last balls; but the middlemost of the balls the lawful wife, desiring a son, should eat; i.e., the wife who has not been married merely for the sake of pleasure.

‘Devoted to her husband;’ — one who makes it her vow that — ‘I shall serve my husband alone, even in my mind I shall never entertain even a thought of faithlessness to him.’

‘Intent upon’ — with full faith in — ‘the worshipping’ — the śrāddha and other rites — ‘of the Pitṛs.’ That is, she betakes herself with great care to the performance of these.

‘Should eat in the proper manner — i.e., fully observing the rules regarding the rinsing of the mouth and sipping of.water etc., etc. — (262)

 

Explanatory notes by Ganganath Jha:

“There are many such magical ceremonies in the Sāmavidhāna and the Ṛgvidhāna”. — Burnell.

This verse is quoted in Parāśaramādhava (Ācāra, p. 759) without any comment; — in Aparārka (p. 550); — in Śrāddhakriyākaumudī (p. 215); — and in Gadādharapaddhati (Kāla, p. 563).

 

Comparative notes by various authors:

(verses 3.262-263)

Viṣṇudharmottara (Parāśaramādhava, p. 760). — ‘At Tīrthas the halls shall he thrown into the water.’

Gobhila (4.3.27). — ‘The wife, desiring a son, should eat the middlemost ball, pronouncing the mantra — ādhatta pitaro garbhan.’

Laghu-Āśvalāyana (83.23). — ‘One who desires a son should make his wife eat the middlemost hall, with the mantra ādhatta, etc., whereupon she hears a male child.’

Bṛhaspati (Caturvargacintāmaṇi-Śrāddba, p. 1506). — [Reproduces Manu, 262 and 263.)

Devala (Do.). — ‘From among the balls, the wife desiring a son shall eat the middlemost; and through the favour of the Pitṛs, she obtains a son endowed with all good qualities.’

Vāyupurāṇa (Parāśaramādhava, p. 758). — ‘Desiring progeny, he shall give the middle hall to his wife.’

Bṛhaspati (Do., p. 759). — ‘If the wife happen to be elsewhere, or ill or with child, the hall may be eaten by an old bull or a goat.’

Āpastamba (Do.) — ‘If the wife is elsewhere,...the ball should be thrown into the sky.’

Devala (Do.). — ‘The rites being completed, the ball may be eaten by the Brāhmaṇa or the fire, the goat or the bull; or it may be thrown into water.’

 

 

VERSE 3.263

Section XVIII - Disposal of Offerings

 

आयुष्मन्तं सुतं सूते यशोमेधासमन्वितम् ।
धनवन्तं प्रजावन्तं सात्त्विकं धार्मिकं तथा ॥२६३॥

āyuṣmantaṃ sutaṃ sūte yaśomedhāsamanvitam |
dhanavantaṃ prajāvantaṃ sāttvikaṃ dhārmikaṃ tathā ||263||

 

She brings forth a long-lived son, endowed with fame and intelligence, wealthy, with numerous offspring, good and righteous. — (263)

 

Medhātithi’s commentary (manubhāṣya):

Having eaten the said ball, ‘she brings forth’ — gives birth to — ‘a son.’

‘Inteligence’ — the faculty of grasping things; the child is endowed with this.

‘Suttra,’ ‘goodness,’ is an attribute postulated by the Sāṅkhyas; and its presence is indicated by firmness, courage, and such other qualities — (263).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 759); — in Aparārka (p. 550); — in Śrāddhakriyākaumudī (p. 215): — and in Gadādharapaddhati (Kāla, p. 553).

 

Comparative notes by various authors:

(verses 3.262-263)

See Comparative notes for Verse 3.262.

 

 

VERSE 3.264 [Feeding of Relations]

Section XIX - Feeding of Relations

 

प्रक्षाल्य हस्तावाचाम्य ज्ञातिप्रायं प्रकल्पयेत् ।
ज्ञातिभ्यः सत्कृतं दत्त्वा बान्धवानपि भोजयेत् ॥२६४॥

prakṣālya hastāvācāmya jñātiprāyaṃ prakalpayet |
jñātibhyaḥ satkṛtaṃ dattvā bāndhavānapi bhojayet ||264||

 

Having washed the hands and sipped water, he should make offerings to his paternal relations; and having treated his paternal relations well, he should feed his other relations also. — (264)

 

Medhātithi’s commentary (manubhāṣya):

The balls having been disposed of, he should wash his hands; and then follow the rules regarding sipping of water.

‘Jñatiprāyam’ — is to be explained as ‘that which goes to (praiti) to the paternal relations (jñātiṣu);’ this he should make; i.e., he should offer food to them.

‘Having treated than well, he should feed other relations.’ Those belonging to the same ‘gotra’ are called ‘jñati,’ ‘paternal relations,’ while those related on the mother’s and the wife’s side are called ‘bāṇḍhava,’ ‘releations.’

The following question is here raised: —

“It has been said above (in verse 253) that ‘he should do us they tell him;’ now if they were to tell him, ‘Send all this food to our home,’ then, what would become of the Vaiśvadeva and other oblations?”

In that case, the man will have to cook food again. Or, the offering of the remnant to the Brāhmaṇas may be regarded as being prescribed only with a view to some transcendental result, — and not with a view to their actually taking it all away. For instance, it has been laid down that — ‘ When informed of food having been left, they should say it is for your friends;’ and this direction would have to be regarded as only optional, if, in certain cases, the Brāhmaṇas were to take away the food. — (264)

 

Explanatory notes by Ganganath Jha:

There is nothing in Medhātithi to show that he reads ‘pūjayet’ for ‘bhojayet’, as stated by Buhler.

This verse is quoted in Aparārka (p. 512), which explains ‘Jñāti’ as ‘relations on the father’s side’, and ‘bāndhava’ as ‘relations on the mother’s side’; — and in Hemādri (Śrāddha, p. 1515), which has the following notes: — ‘Jñāti’ are relations on the father’s side, i.e., Sapiṇḍas; — the remnant of the food cooked for the Śrāddha should be made to reach those; i.e., they should be fed with it with due respect; after which one should honour the ‘Bāndhavas,’ i.e., relations on the mother’s and the wife’s side; if, however, on being asked ‘what shall be done with the remnant?’ — the Brāhmaṇas should say ‘give it to us’ — then other food should be cooked for the relations; and these are to be fed with the remnant, only if so permitted by the Brāhmaṇas. It may be regarded as incumbent on the Brāhmaṇas to give this permission.

 

Comparative notes by various authors:

Laghu-Āśvalāyana (23.70). — ‘Having obtained the permission of the Brāhmaṇas, he shall eat the remnants, along with his friends.’

Brahmapurāṇa (Caturvargacintāmaṇi-Śrāddha, p. 1394). — ‘On being asked what shall be done with the food left over, they shall say that it should be given to gentlemen.’

Devala and Kūrmapurāṇa (Do.). — ‘Having washed his hands and sipped water, he shall feed his paternal relations with the remnants; and after the paternal relations have been satisfied, he shall feed his servants.’

Āditya-Purāṇa (Do.). — ‘Sisters and relations should be entertained at Śrāddhas; the poverty-stricken, the meek, one with deficient limbs, one with redundant fingers, those whose birth has been fruitless, those disgusted and those struck by disease, — all these deserve to be fed. Bards and Māgadhas, charioteers, dancers and singers, those who have not got at the Śrāddha what they desired, — these people destroy all fame; therefore these also should be fed.’

Śātātapa (Do.). — ‘What food is left over, he shall himself eat with the permission of the Brāhmaṇas, — along with his friends.’

Bhaviṣyottara (Do.). — ‘With speech controlled, he shall eat the remnants, along with his friends.’

Padmapurāṇa (Do.). — ‘Calm and quiet, he shall eat the remnant.’

Uśanas (Do.). — ‘Permitted by them, he shall make over the remnant to his friends and eat it himself.’

Varāhapurāṇa (Do.). — ‘He shall eat it, along with his relations and servants and also his friends and other relations.’

Matsyapurāṇa (Do.). — ‘Then, at the end of the Vaiśvadeva-offering, along with his servants, sons and relations, and accompanied by guests, he shall eat all that had been offered to the Pitṛs.’

 

 

VERSE 3.265 [Domestic Offerings after Śrāddha]

Section XX - Domestic Offerings after Śrāddha

 

उच्छेषणं तु तत् तिष्ठेद् यावद् विप्रा विसर्जिताः ।
ततो गृहबलिं कुर्यादिति धर्मो व्यवस्थितः ॥२६५॥

uccheṣaṇaṃ tu tat tiṣṭhed yāvad viprā visarjitāḥ |
tato gṛhabaliṃ kuryāditi dharmo vyavasthitaḥ ||265||

 

The leavings shall remain until the Brāhmaṇas have been dismissed. After that, he should make the domestic offerings. Such is the established law. — (265)

 

Medhātithi’s commentary (manubhāṣya):

Until the Brāhmaṇas have departed, the food that may be contained in the dishes out of which they have eaten, or which may have fallen on the ground, shall not be removed.

‘After that, he should make the domestic offering.’ The Śrāddha rite having been finished, he should offer the oblation to the Viśvedevas and attend to the daily routine of feeding the guests, &c. The term ‘offering’ is merely indicative.

Others offer the following explanation: — “The term ‘offering’ here stands for the offering made to the elementals; and in this way the pouring of libations into fire before the feeding of Brāhmaṇas, does not become improper. It will not be right to argue that — ‘when the rite in honour of the Pitṛs has been begun, it cannot be right to thrust into it other rites;’ — for, according to the rule by which the Śrāddha extends over two days, though the inviting of the Brāhmaṇas (which is part of the Śrāddha) is done on the preceding day, yet there is nothing wrong in the morning and evening libations being offered into fire; and the same may be the case with the Vaiśvadeva libation, which also is poured into the ‘Upasad’ fire. So that what are postponed (till after the completion of the Śrāddha) are only those details that come after — and not those that come before — the offering to the elementals.”

Our reply to the above is as follows: — If the Vaiśvadeva oblation is offered into the fire beforehand, then the ball-offering would come after the Śrāddha; and in that case the ‘sacrifice to the gods’ and the ‘offering to the elementals’ would become separated; and this would militate against the prescribed order of sequence. Further, the time being taken up by the Śrāddha offered to the Pitṛs, this does not quite interfere with the time of the Vaiśvadeva oblation. From all this it follows that all the ‘Great Sacrifices’ should be performed after the Śrāddha.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nirṇayasindhu (p. 331); — in Gadādharapaddhati (Kāla, p. 490), which explains ‘Gṛhabali’ as standing for Bhūtayajña and implying the entire Vaiśvadeva offering, — as held in Kalpataru; — in Saṃskāraratnamālā (p. 958), which notes that according to Medhātithi and Karka the term ‘bali’ here stands for the Vaiśvadeva offering; but for the Kākabali, according to Divodāsa; — in Hemādri (Kāla, p. 606), which reproduces the entire commentary of Medhātithi — in

Puruṣārthacintāmaṇi (p. 426), which also quotes Medhātithi to the effect that ‘bali’ stands for the Vaiśvadeva offering; — and in Hemādri (Śrāddha, p. 1062), where also Medhātithi’s commentary is reproduced in toto.

 

Comparative notes by various authors:

Yājñavalkya (1.`257). — ‘So long as the Brāhmaṇas are there, the leavings shall not he washed.’

Vaśiṣṭha (11.18-20). — ‘Till the end of ṭhe day, the leavings of the Śrāddha shall not be removed; as from those flow currents of nectar which are drunk by those to whom no water-offerings have been made. — So long as the sun has not set, the leavings shall not be washed. — Manu has declared that the leavings and the remnants form the share of those who have died before the performance of their sacramental rites.’

 

 

VERSE 3.266 [Relative Merits of the Offering-Materials]

Section XXI - Relative Merits of the Offering-Materials

 

हविर्यच्चिररात्राय यच्चानन्त्याय कल्पते ।
पितृभ्यो विधिवद् दत्तं तत् प्रवक्ष्याम्यशेषतः ॥२६६॥

haviryaccirarātrāya yaccānantyāya kalpate |
pitṛbhyo vidhivad dattaṃ tat pravakṣyāmyaśeṣataḥ ||266||

 

I shall now fully describe what offering-material, on being offered to the Pitṛs, according to role, serves for a long time, and for eternity. — (266)

 

Medhātithi’s commentary (manubhāṣya):

‘The term ‘chira-rātra’ means long time.

‘That which serves for eternity’ as well as that which brings about long-standing satisfaction; — both these I am going to describe.

This is said for the purpose of attracting the attention of the audience.

After ‘kalpate,’ the term ‘prete,’ ‘for the food,’ should be supplied. — (266)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 500); — in Hemādri (Śrāddha, p. 540); — and in Gadādharapaddhati (Kāla, p. 536).

 

Comparative notes by various authors:

(verses 3.266-267)

Vyāsa (Caturvargacintāmaṇi-Śrāddha, p. 543). — ‘That Śrāddha at which sesamum is largely used, Manu has declared to be imperishable.’

Āpastamba-Dharmasūtra (2.7.23-24). — ‘The substances to he employed are sesamum, Māṣa, Vrīhi, barley, water, roots and fruits. If the food is oily, the satisfaction of the Pitṛs is intense and long-standing.’

Viṣṇu (Do., 1). — ‘With sesamum, Vrīhi, barley, Māṣa, water, roots and fruits, Priyaṅgu, Nīvāra, Mudga, wheat — they remain satisfied for a month.’

Mahābhārata (13.88.3). — [Reproduces Manu.]

Yājñavalkya (1.258). — ‘With sacrificial food, for one month, with milk-preparations for a year.’

Pracetas (Parāśaramādhava, p. 702). — ‘Black Māṣa, sesamum, Yava, paddy-rice, Mahāyava, Vrīhi, Madhūlika — black, white and red, — these should be used at Śrāddha.’

Mārkaṇḍeya (Do.). — Yava, Vrīhi, wheat, sesamum, Mudga, rapeseed, Priyaṅgu, Kovidāra, and Niṣpāva are excellent.’

Atri (Do.). — ‘A Śrāddha without wheat is as good as not performed.’

Vāyupurāṇa (Do., p. 703). — ‘Bilva, Āmalaka, grapes, jackfruit, mango, pomegranate, Cavya, Pālevata, Akṣoṭa, dates, Kaśaru, Kovidāra, palm-root, lotus-root, Kāleya, Kālaśāka, Suvarcalā, Kaṭphala, Kiṅkiṇī, raisins, Lakuca, Moca, Kabandhū, Grīvaka, Tīndaka, Madhūka, Vaikaṅkata, cocoanut, Śṛṅgāṭaka, Parūṣaka, Pippalī, Marica, Paṭola, Bṛhatī, sweet-smelling fish, Kalāya, Nāgara and Dīrghamūlaka.’

Śaṅkha (Parāśaramādhava, p. 704). — ‘Mango, Pālevata, sugarcane, grapes, Cavya, pomegranate, Vidāryā, Bhucuṇḍa, raisins with honey, Śaktu with sugar, Śṛṅgāṭaka, Kaśaruka.’

Ādityapurāṇa (Do.). — ‘Madhūka, Rāmaṭha, Karpūra, Marica, Guḍa, Saindhava and Trapusa are commended at Śrāddha.’

 

 

VERSE 3.267

Section XXI - Relative Merits of the Offering-Materials

 

तिलैर्व्रीहियवैर्माषैरद्भिर्मूलफलेन वा ।
दत्तेन मासं तृप्यन्ति विधिवत् पितरो नृणाम् ॥२६७॥

tilairvrīhiyavairmāṣairadbhirmūlaphalena vā |
dattena māsaṃ tṛpyanti vidhivat pitaro nṛṇām ||267||

 

By the proper offering of sesamum, rice and barley, māṣa, water, roots and fruits, men’s ancestors are satisfied for one month. — (267)

 

Medhātithi’s commentary (manubhāṣya):

The mention of the sesamum and other grains is not meant to be preclusive of other grains; it is meant only to be indicative of the peculiar results following from their offering; the sense being that when those are offered in the right manner, the ancestors remain satisfied for one year.

‘Proper,’ ‘ancestors,’ ‘men’s.’ — These terms are purely reiterative, put in for the purpose of filling up the metre. — (267)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.257) as describing what is meant by ‘haviṣyānna’; — in Parāśaramādhava (Ācāra, p. 705); — in Smṛtitattva (p. 224), which explains ‘vrīhi’ as ‘rice ripening in the autumn’; — in Vidhānapārijāta (II, p. 744); — in Aparārka (pp. 500 and 552); — in Hemādri (Śrāddha, pp. 541 and 586); — in Gadādharapaddhati (Kāla, p. 536); — and in Nṛsiṃhaprasāda (Śrāddha, p. 9b).

 

Comparative notes by various authors:

(verses 3.266-267)

See Comparative notes for Verse 3.266.

 

 

VERSE 3.268

Section XXI - Relative Merits of the Offering-Materials

 

द्वौ मासौ मत्स्यमांसेन त्रीन् मासान् हारिणेन तु ।
अउरभ्रेणाथ चतुरः शाकुनेनाथ पञ्च वै ॥२६८॥

dvau māsau matsyamāṃsena trīn māsān hāriṇena tu |
aurabhreṇātha caturaḥ śākunenātha pañca vai ||268||

 

For two months by fish-meat; for three months by the meat of deer; for four by that of sheep, and for five by that of birds. — (268)

 

Medhātithi’s commentary (manubhāṣya):

‘Urabhra’ — Sheep.

‘Birds’ — Wild cocks, etc.

‘fish’ — Pāṭhīna, and the rest. — (268)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 705); — in Hemādri (Śrāddha, p. 586); — and in Gadādharapaddhati (Kāla, p. 536), which explains ‘aurabhra’ as mutton.

 

Comparative notes by various authors:

Matsyapurāṇa (Parāśaramādhava, p. 705). — ‘Food mixed with curd and milk and cow’s butter mixed with sugar keep the Pitṛs satisfied for a month.’

Mārkaṇḍeya (Do.). — ‘With wheat, sugar-cane, Mudga, Kṣīṇaka, grains, offered at Śrāddha, the forefathers remain satisfied for a month. — With Vidārya, Bhacuṇḍa, lotus-root, Śṛṅgāṭaka, Kecuka, Kanda, Karkandhū, plums, Pālevata, Rātuka, Akṣoṭa, jack-fruit, Kākolī, Kṣīrakākolī, Piṇḍālaka, fried grains, Śalā, Trapusa, Vāru, Cirbhaṭa, Sarṣapa, Rājaśāka, Iṅguḍa, Rājajambū, Priyāla, Āmalaka, Parigu, Tilambaka, Vetrāṅkura, Tālakanda, Cakrikā, Kṣīrika, Vaca, Moca with Lakuca, Bījapūraka, Muñjātaka, Padmapala, and other well-cooked food, — offered at Śrāddha, the Pitṛs of men remain satisfied for a month.’

Viṣṇu (80. 2-5). — ‘For two months, with fish and meat; — for three months with deer-moat; — for four months with sheep-meat; — for five months with bird-meat; for eleven months with the aurabhra meat, for one year with milk or its preparations.’

Yājñavalkya (1.258). — ‘Fish and the meat of deer, sheep, bird, goat and the Pṛṣat deer.’

Āpastamba (2.7.2-3). — ‘So also with the meat of the Śātabali fish, — and that of old goat.’

Mahābhārata (13.88.5) — ‘The satisfaction of Pitṛs, obtained with fish, lasts for two months.’

 

 

VERSE 3.269

Section XXI - Relative Merits of the Offering-Materials

 

षण्मासांश्छागमांसेन पार्षतेन च सप्त वै ।
अष्टावेनस्य मांसेन रौरवेण नवैव तु ॥२६९॥

ṣaṇmāsāṃśchāgamāṃsena pārṣatena ca sapta vai |
aṣṭāvenasya māṃsena rauraveṇa navaiva tu ||269||

 

For six months by the meat of goat; for seven by that of spotted deer; for eight by that of the black antelope, and for nine by that of the Ruru deer. — (269)

 

Medhātithi’s commentary (manubhāṣya):

‘Ruru,’ ‘pṛṣat’ and ‘eṇa’ denote special varieties of the deer.

In the terms ‘raurava,’ ‘pārṣata,’ and ‘aiṇeya’ the nominal affix denotes arising from. — (269)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 706); — in Hemādri (Śrāddha, p. 586); — and in Gadādharapaddhati (Kāla, p. 536), which explains ‘pārṣata’ as meat of the Pṛṣat i.e., the spotted deer.

 

Comparative notes by various authors:

(verses 3.269-271)

Mahābhārata (13.85.5-9). — ‘For three months, with sheep-meat; for four months with hare-meat, for five months with goat-meat; for eight months, with the meat of the Pṛṣat and the Ruru deer; for six months with the meat of the bear; for seven months, with that of birds, and for eleven months, with that of the buffalo; with cow’s meat, one year; so also with milk-preparations mixed with butter, and with the meat of the old goat, for twelve years.’

Viṣṇu (80.6). — ‘With goat-meat, six months; with meat of Ruru deer, for seven months; eight months, with meat of the Pṛṣat deer; for nine months, with the meat of the Gavaya.’

Yājñavalkya (1.258-259). — ‘With sacrificial food, for a month; one year with milk-preparations; and with the meat of fish, deer, sheep, birds, goat, the Pṛṣat deer, the Eṇa deer, the Ruru deer, the boar, the hare, — for one, two, three, four, five, six, seven, eight, nine, ten and eleven months respectively.’

Āpastamba (2.16.27). — ‘Even more than this, with the meat of the buffalo.’

Āpastamba (2.16.26). — ‘With the cow’s milk, satisfaction for one year.’

Viṣṇu (80.10-12). — ‘For ten months, with the meat of the buffalo; for eleven months, with the meat of the Tapara goat; for one year, with cow’s milk and with preparations of milk.’

 

 

VERSE 3.270

Section XXI - Relative Merits of the Offering-Materials

 

दशमासांस्तु तृप्यन्ति वराहमहिषामिषैः ।
शशकूर्मयोस्तु मांसेन मासानेकादशैव तु ॥२७०॥

daśamāsāṃstu tṛpyanti varāhamahiṣāmiṣaiḥ |
śaśakūrmayostu māṃsena māsānekādaśaiva tu ||270||

 

They are satisfied for ten months by the meat of boars and buffaloes; and for eleven months by the meat of the hare and the tortoise.’ — (270)

 

Medhātithi’s commentary (manubhāṣya):

The ‘boar’ here stands for the wild species. — (270)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 706); — in Hemādri (Śrāddha, p. 586); — and in Gadādharapaddhati (Kāla, p. 536).

 

Comparative notes by various authors:

(verses 3.269-271)

See Comparative notes for Verse 3.269.

 

 

VERSE 3.271

Section XXI - Relative Merits of the Offering-Materials

 

संवत्सरं तु गव्येन पयसा पायसेन च ।
वार्ध्रीणसस्य मांसेन तृप्तिर्द्वादशवार्षिकी ॥२७१॥

saṃvatsaraṃ tu gavyena payasā pāyasena ca |
vārdhrīṇasasya māṃsena tṛptirdvādaśavārṣikī ||271||

 

For one year by cow’s milk and milk-preparations; and by the meat of old goat there is satisfaction lasting for twelve years. — (271)

 

Medhātithi’s commentary (manubhāṣya):

As between direct and indirect connection, the former being more authoritative, we construe ‘gavyena’ — ‘cow’s’ — with ‘payasā,’ ‘milk and not with ‘māṃsa,’ ‘meat,’ which forms the subject-matter of the context.

Others, however, explain the particle ‘ca’ as having a cumulative force, and then explain the passage to mean, ‘meat of the cow, and milk or milk-rice.’

‘Pāyasa,’ ‘milk-preparations,’ stands for curds and such things, as also rice cooked in milk.

‘Vārdhrīṇasa’ — is old goat. The scriptures describe it as follows s — ‘Drinking with three, devoid of sense-virility and white, — such a goat has been called Vārdhriṇasa by persons learned in sacrifices, in connection with sacrificial rituals.’ That goat is called ‘drinking with three’ who wets his tongue and two ears, while drinking water.

The Expiatory Rite that Śaṅkha has prescribed in connection with the eating of beef, should be understood to apply to eating apart from the ‘Madhuparka’ offering and from the ‘Aṣṭakā’ Śrāddhas. — (271)

 

Explanatory notes by Ganganath Jha:

‘Vārdhrīṇasa’ — ‘An old goat, white and with long ears reaching the water at the time of drinking’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘a black-necked, red-headed, white-winged crane’ (Nārāyaṇa).

Both these explanations are noted in Parāśaramādhava (Ācāra, p. 706), where, however, the colour of the goat is mentioned as red, not white. The definition of the goat quoted by Medhātithi is here attributed to Viṣṇudharmottara, and that of the crane to the ‘Nigama’.

This verse is quoted in Nirṇayasindhu (p. 295), which adds the definition of Vārdhrīṇasa as white; — and the first half in Aparārka (p. 551), which explains ‘pāyasa’ as ‘rice cooked in milk’, and adds that this milk should be such as is not forbidden.

It is quoted in Gadādharapaddhati (Kāla, p. 536), which supplies the description of the Vārdhrīṇasa as given in the Nigama — ‘(a) The old goat whose ears and mouth touch the water, who has lost his virility; (b) the bird which has black neck, red head and white wings’.

 

Comparative notes by various authors:

(verses 3.269-271)

See Comparative notes for Verse 3.269.

 

 

VERSE 3.272

Section XXI - Relative Merits of the Offering-Materials

 

कालशाकं महाशल्काः खङ्गलोहामिषं मधु ।
आनन्त्यायैव कल्प्यन्ते मुन्यन्नानि च सर्वशः ॥२७२॥

kālaśākaṃ mahāśalkāḥ khaṅgalohāmiṣaṃ madhu |
ānantyāyaiva kalpyante munyannāni ca sarvaśaḥ ||272||

 

The “Kālaśāka,” the porcupine, the meat of the rhinoceros and the red goat, and honey serve for endless time; as also all kinds ok her mit’s food. — (272)

 

Medhātithi’s commentary (manubhāṣya):

‘Kālaśāka’ — is a well-known variety of vegetable; applying to the darker variety of the ‘Vāstūka.’

‘Mahāśalka’ stands for the porcupine. Others have explained it as standing for a special kind of fish.

‘Khaḍga’ — Rhinoceros.

‘Loha’ — the black goat, or one whiçh is red all over. Says the Purāṇa — ‘the red goat, and the black one, serve for endless time.’ Though the term ‘loha’ denotes the colour, it indirectly indicates the goat having that colour. The term ‘loha’ is used in the sense of ‘black’ as well as ‘red’ — being applied to iron, which is black, as also to copper which is red. Though this variety of colour is found in sheep and other animals also, yet, on the strength of other Smṛtis, it has been explained here as standing for the goat only.

Others, however, have explained the term ‘loha’ as standing for the bird, called ‘lohapṛṣṭha,’ the Heron; which is mentioned by means of a part of the name only. Just as Devadatta is often spoken of as simply ‘Datta.’

It is necessary to find the support of usage in the case of both these explanations.

‘Honey’ — that collected by bees.

In the case of all the things mentioned in the present contest, all that is meant is the great satisfaction produced by the offerings; and stress is not meant to be laid upon the exact period of time mentioned in each case. If this were really meant, then one might be justified in omitting the performance of Śrāddhas for twelve years; and this would be contrary to what has been declared, to the effect that ‘Rites in honour of the Pitṛs should be performed till death.’ (Verse 279). — (272)

 

Explanatory notes by Ganganath Jha:

‘Kālaśāka’ — Buhler has misread Medhātithi; there is no such expression in Medhātithi as ‘Kṛṣṇavāsudeva’; the word used is Kṛṣṇe vāstukabhede, which means ‘the darker variety of the vāstuka herb’. According to Nandana, it stands for the ‘Black neem’. — Parāśaramādhava (Ācāra, p. 706) quoting the verse, explains it as ‘well known in the northern country’.

‘Mahāśalka’ — Medhātithi explains this as ‘śalyakā’, ‘the porcupine’, or (according to ‘others’, a kind of fish). [Medhātithi says nothing as to ‘others’ reading ‘saśalkhān’]. — Parāśaramādhava explains it as ‘a particular kind of fish’; — ‘loha’ as ‘the red-coloured goat’ — and ‘munyanna’ as ‘Nīvāra and the like’.

This verse is quoted in Hemādri (Śrāddha, pp. 541 and 586); — in Śrāddhakriyākaumudī (p. 14), which says that according to the ‘ancients’, ‘mahāśalka’ stands for the Rohita fish; — and in Gadādharapaddhati (Kāla, p. 536).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.17.1-3). — ‘For endless time, with the meat of the rhinoceros; so also with the meat of the Śātabali fish, and that of the old goat.’

Viṣṇu (80.23-24). — ‘Here is the song sung by the Pitṛs — Kālaśāka, porcupine, the meat of the old goat, and the rhinoceros without horns, — these we eat constantly.’

Yājñavalkya (1.260). — ‘The meat of the rhinoceros, the porcupine, honey, hermit’s food, meat of the red goat, Mahāśāka, and the meat of the old goat.’

Last Updated: 16 February, 2018

 

 

VERSE 3.273

Section XXI - Relative Merits of the Offering-Materials

 

यत् किं चिन् मधुना मिश्रं प्रदद्यात् तु त्रयोदशीम् ।
तदप्यक्षयमेव स्याद् वर्षासु च मघासु च ॥२७३॥

yat kiṃ cin madhunā miśraṃ pradadyāt tu trayodaśīm |
tadapyakṣayameva syād varṣāsu ca maghāsu ca ||273||

 

Whatever thing, mixed with honey, one might offer on the thirteenth day of the month, during the rains, under the asterism of Maghā, — that also would be imperishable. — (273)

 

Medhātithi’s commentary (manubhāṣya):

‘Whatever’ — food — ‘mixed with honey;’ — ‘on the thirteenth day, during the rains, and under the asterism of Maghā,’ — ‘that is imperishable,’ The season, the asterism and the date are to be taken together as the desired qualification.

According to the declaration of Āpastamba, the same holds good regarding offerings made during the rains, on the thirteenth, eighth and tenth days of the month also. As regards the asterism of Maghā, however, there is no option; as he says — ‘there is abundance under the asterism of Maghā,’ (Āpastamba, 2.8.19-20). — (273)

 

Explanatory notes by Ganganath Jha:

“The day meant is Bhādrapada, Badi, 13” — Buhler.

This verse is quoted in Smṛtitattva (p. 117) without comment; — in Aparārka (p. 555), which adds that the Accusative ending in ‘trayodaśīm’ has the force of the Locative; — in Hemādri (Śrāddha, p. 201); — in Śrāddhakriyākaumudī (p. 272), which explains the meaning as ‘whatever mixed with Honey is offered on the thirteenth of the month, under the asterism of Maghā becomes inexhaustible’; — in Puruṣārthacintāmaṇi (p. 385); — in Varṣakriyākaumudī (p. 356); — and in Hemādri (Kāla, p. 470 and Śrāddha, p. 87).

 

Comparative notes by various authors:

Mahābhārata (13.88.15). — ‘Water, roots, fruits, meat, and grains — whatsoever is mixed with honey and offered during Pitṛpakṣa, is conducive to imperishability.’

Yājñavalkya (1.260). — ‘During the rains, on the thirteenth day of the month, and during the asterism of Maghā.’

Pitṛgāthā (Aparārka, p. 555). — ‘May some one be born in our family who may offer rice cooked in milk mixed with honey and butter, during the rains, on the thirteenth day of the month and during the asterism of Maghā.’

Vaśiṣṭha (Do.). — ‘The ancestors rejoice at the birth of a son in the hope that he would offer Śrāddha to them with honey, meat, vegetables, milk and rice cooked in milk.’

Paiṭhīnasi (Aparārka, p. 555). — ‘A son or a grandson may offer to us Śrāddha with a red goat during the rains, during the asterism of Maghā, on the thirteenth day of the month.’

 

 

VERSE 3.274

Section XXI - Relative Merits of the Offering-Materials

 

अपि नः स कुले भूयाद् यो नो दद्यात् त्रयोदशीम् ।
पायसं मधुसर्पिर्भ्यां प्राक् छाये कुञ्जरस्य च ॥२७४॥

api naḥ sa kule bhūyād yo no dadyāt trayodaśīm |
pāyasaṃ madhusarpirbhyāṃ prāk chāye kuñjarasya ca ||274||

 

‘May there be one in our family, who may offer milk-rice mixed with honey and butter on the thirteenth, and when the shadow of the elephant falls towards the east.’ — (274)

 

Medhātithi’s commentary (manubhāṣya):

What is said here is with reference to the thirteenth day of the month spoken of above, as accompanied by the rainy season and the asterism of Maghā.

What is described in the text is the wish expressed by the Pitṛs.

‘May there be’ — born — ‘in our famity’ — one such person, endowed with excellent qualities, who may offer to us, on the said thirteenth day, ‘milk-rice mixed with honey and butter;’ — also ‘when the shadow of the elephant falls towards the east;’ i.e., during the afternoon; towards the close of day, the shadow cast by the elephant is long and falls towards the East.

Another reading for ‘prākchāyā’ is ‘prākchāyām;’ it is in a shady place that Brāhmaṇas are fed; as for the rest of the rite, if the shade is not enough to permit of its being done there, then it should be done in a place close to the shadow. Since the details form part of the rite, the whole of it should, as far as possible, be performed in the shadow of the elephant.

Some people have explained the term ‘shadow of the elephant’ to mean ‘eclipse,’ adding that Rāhu takes the shape of the elephant and pierces the sun with darkness.

But this is not right; as in that case, the term ‘elephant’ will have to ba regarded as figurative. Further, in another Smṛti the ‘elephant’s shadow’ has been described as something entirely different from eclipse: — ‘the elephant’s shadow, the eclipse of the Sun, and the eclipse of the Moon’ [where the three are mentioned as distinct from one another]. — (274)

 

Explanatory notes by Ganganath Jha:

‘Prākchāye kuñjarasya’ — ‘In the afternoon, when the shadow cast by the elephant falls towards the East’ (Medhātithi, Kullūka, Nārāyaṇa and Rāghavānanda); — ‘daring an eclipse’ (‘others’ in Medhātithi, who rejects it). — Mitākṣarā (on 1.218) quotes a definition by which the name applies to a particular day —

yadenduḥ pitṛdaivatye haṃsaścaiva kare sthitaḥ |
yāmyāṃ tithirbhavetsāhi gajacchāyā prakīrtitā||

This verse is quoted in Nirṇayasindhu (p. 109), which quotes from Vāyupurāṇa a definition of ‘Gajacchāyā’ as the 13th day of the month during which the sun lies in the asterism of Hastā, and the moon in that of Maghā; — in Hemādri (Śrāddha, p. 245); — in Śrāddhakriyākaumudī (p. 271), which explains ‘dadyāt’ as ‘dadāti’ and ‘prākchāye etc.’ as ‘when the shadow of the elephant is cast towards the East,’ and notes that this is mere Arthavāda; — and in Vaṛṣakriyākaumudī (p. 355).

 

Comparative notes by various authors:

Mahābhārata (13.88.12). [after reproducing the first line of Manu]. — ‘During the asterism of Maghā, during the Southern Sojourn of the sun, offering milk-preparations mixed with honey and butter.’

Vaśiṣṭha (11.37). — ‘This person shall offer Śrāddha to us, during ṭhe rains and during the asterism of Maghā, with honey and meats, vegetables, milk and milk-preparations.’

Viṣṇu (78.52-53). — ‘May some one, the best among men, be born in our family who, during the rains, on the thirteenth day of the brighter fortnight, perform Śrāddha with honey offered profusely; as also during the whole month of Kārtika, and when the Elephant’s shadow falls towards the East.’

 

 

VERSE 3.275

Section XXI - Relative Merits of the Offering-Materials

 

यद् यद् ददाति विधिवत् सम्यक् श्रद्धासमन्वितः ।
तत् तत् पितॄणां भवति परत्रानन्तमक्षयम् ॥२७५॥

yad yad dadāti vidhivat samyak śraddhāsamanvitaḥ |
tat tat pitṝṇāṃ bhavati paratrānantamakṣayam ||275||

 

Whatever one endowed with faith, offers, according to rule and in the right manner, — that becomes endless and inexhaustible for the Pitṛs in the other world. — (275)

 

Medhātithi’s commentary (manubhāṣya):

‘Whatever.’ — This term sanctions the offering of everything, not actually prohibited.

‘According to rule’ is a reiteration of what has been said by means of the term, ‘in the right manner.’

‘Endowed with faith’ — This is what is actually prescribed in the present verse: — ‘one should make the offering with due faith.’

What is given in this manner ‘becomes endless and inexhaustible for the Pitṛs in the other world.’ ‘Endless’ may be taken as denying all limitation of time; — ‘Inexhaustible’ denies non-diminishing of quantity; the sense being ‘it lasts for all time and becomes large in quantity.’ — (275)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 1031): — and in Gadādharapaddhati (Kāla, p. 551).

 

Comparative notes by various authors:

Baudhāyana (2.62-65). — ‘The gods desirous of purity do not accept the offerings of the faithless. The gods discussed the relative merits of the person who is pure but faithless and he who is not pure but full of faith, and came to the conclusion that both were equal; hut Prajāpati said to them: “They are not equal; there is great difference; as the Śrāddha offered by the faithless is damned; what is sanctified by faith is distinctly superior.” In this connection, they have the following saying — Want of faith is a great sin; faith is the highest austerity; therefore, what is offered without faith, the gods never accept.’

Mahābhārata (13.188.72, 79). — ‘Those men who offer Śrāddhas with due faith save their forefathers from the most terrible hell; he who performs the Śrāddha with faith becomes freed from the debt owing to the Pitṛs.’

 

 

VERSE 3.276 [Time for Śrāddha]

Section XXII - Time for Śrāddha

 

कृष्णपक्षे दशम्यादौ वर्जयित्वा चतुर्दशीम् ।
श्राद्धे प्रशस्तास्तिथयो यथैता न तथैतराः ॥२७६॥

kṛṣṇapakṣe daśamyādau varjayitvā caturdaśīm |
śrāddhe praśastāstithayo yathaitā na tathaitarāḥ ||276||

 

‘No dates are so commended for the offering of śrāddha as those of the dark fortnight, beginning with the tenth day, leaving out the fourteenth. — (276)

 

Medhātithi’s commentary (manubhāṣya):

The mention of the days beginning with the tenth, indicates that the offering is attended by excellent results. So that on other days also the offering is to be made, if due faith is there. But on the fourteenth day there is absolute prohibition. — (276)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 666) as laying down what one should do in the event of his being unable to perform the Śrāddha throughout the dark fortnight; — in Madanapārijāta (p. 524), which remarks that this verse implies also the alternative of beginning the Śrāddha on the fifth and going on daily till the fifteenth; — in Smṛtitattva (on p. 173, again on p. 252) as forbidding the performance of Śrāddha on the fourteenth, — and again on p. 845 as forbidding the performance of the Śrāddha on the fourteenth day of the dark fortnight of all months; — in Aparārka (p. 422), which adds that the alternative here laid down is that of beginning the performance of the Śrāddha on the tenth day of the fortnight; — in Gadādharapaddhati (Kāla, p. 467), which says that it refers to the Mahālayā-śrāddha; — in Smṛtisāroddhāra (p, 187) in support of the view that only five, not ten, days of the kṛṣṇapakṣa are specially commended, these being the 10th, 11th, 12th, 13th, and 15th days; — in Śrāddhakriyākaumudī (p. 6); — in Varṣakriyākaumudī (p, 350); — in Puruṣārthacintāmaṇi (p. 382); — in Hemādri (Kāla p. 461), which adds that the fourteenth day is not to be excluded entirely, it is to be avoided only for the Śrāddha to three ‘deities’ with the exception of that offered to those killed with weapons; — and in Hemādri (Śrāddha, p. 194).

 

Comparative notes by various authors:

Gautama (15.2-3). — ‘Commencing from the fifth day of the Aparapakṣa, Śrāddha should bo performed; — or on all days.’

Āpastamba (2.16.6). — ‘So also during the later days of the Aparapakṣa.’

Kātyāyana and Gautama (quoted in Caturvargacintāmaṇi-Śrāddha, p. 293). — ‘One should make the offering to the Pitṛs on the moonless day; or on the days commencing from the fifth of the Aparapakṣa; or according as he may have faith, on all days, whenever the right substance, place and Brāhmaṇas may be available.’

Āpastamba (quoted in Caturvargacintāmaṇi-Śrāddha, p. 194). — ‘It should be offered every month; the afternoon of the Aparapakṣa is highly commendable, as also the latter days of the Aparapakṣa.’

Yājñavalkya (1.264). — ‘Commencing from the first day, excepting the fourteenth day; on this latter day it is offered to those who may have been killed by weapons.’

Mārkaṇḍeya (Parāśaramādhava, p. 663). — ‘When the sun is in the sign of Virgo, there are fifteen days, on which the performance of Śrāddha has been prescribed; — on the first day, for obtaining wealth; on the second, for obtaining progeny; on the third, for obtaining good things; on the fourth for destruction of enemies; on the fifth, for obtaining prosperity; on the sixth, the man obtains honour; on the seventh, the man becomes leader of his clan; on the eighth, excellent intelligence; on the ninth he obtains excellent wives; on the tenth, he fulfils all his desires; on the eleventh, he acquires all the Vedas; on the twelfth, he obtains gold; by offering it on the thirteenth day, he obtains children, memory, cattle, sound body, freedom, excellent prosperity, long-life, power and riches. Those who seek the welfare of those ancestors who were killed in youth by weapons should offer the Śrāddha on the fourteenth day. The man offering Śrāddha with food on the moonless day obtains all that he desires and goes to heaven.’

Vṛddha-Manu (Do.). — ‘When the sun enters the sign of Virgo, the dark fortnight is called the Mahālaya, as also the Gajacchāyā.’

Śāṭyāyani (Do., p. 664.). — ‘The sixteen days during the month of Nabhasya, when the sun is in the sign of Virgo, constitute the time for the performance of Śrāddha.’

Śāṭyāyani (Do., p. 665). — ‘The sun in Virgo is very sacred; so also is the fifth fortnight (after Āṣāḍhī).’

Devala (Parāśaramādhava, p. 665.). — ‘Sixteen days, formed by the first day of the bright fortnight, which follow the moonless day.’

Jābāli (Do., p. 665). — ‘During the fifth fortnight following the full-moon day of Āṣāḍha, — even though the sun may have not entered the sign of Virgo, one should offer Śrāddha; that fortnight is the most commended for the performance of Śrāddha.’

Bṛhat-Manu (Do.). — ‘During the fifth fortnight after the fullmoon day of the month of Āṣāḍha, the Pitṛs desire food and water every day; hence Śrāddha should be offered at that time... even though the sun may or may not have entered the sign of Virgo.’

Ādityapurāṇa (Do.). — ‘Śrāddha is commended even when performed during other fortnights during the time that the sun is in the sign of Virgo; if this happens to ho the fifth fortnight (after the full-moon day of Āṣāḍha), it is all the more commendable.’

Shloka-Gautama (Do.). — ‘During the time when the sun is in the sign of Virgo, there are sixteen days that are as good as sacrificial sessions.’

Kārṣṇājini (Do.). — ‘Whether in the beginning or the middle or the end, whenever the sun enters the sign of Virgo, the whole of that fortnight is to be honoured as regards the performance of Śrāddha. During the dark fortnight of Nabhasya, Śrāddha should he performed every day, not excepting the Nandā or even the fourteenth day.’

Brahmāṇḍapurāṇa (Parāśaramādhava, p. 666). — ‘During the dark fortnight of the month of Nabhasya, one should perform Śrāddha every day, or during two-thirds, or during one-half, or during one-third of the fortnight.’

Yama (Do., p. 667). — ‘During the rains, when the sun is in the sign of Virgo, — the man shall offer Śrāddha between the fifth day of one fortnight and the fifth day of another.’

Sumantu (Do.). — ‘So long as the sun remains in the sign of Virgo and until he enters the sign of Scorpio, it is time for the offering of Śrāddha.’

Purāṇa (Parāśaramādhava, p. 667). — ‘When the sun enters the sign of Virgo, Pitṛs come to their descendants; till the entering of the sun into the sign of Scorpio, the region of Pitṛs becomes empty; and on the entrance of the sun into Scorpio, they go away disappointed after having cursed their offspring.’

Ādipurāṇa (Do.). — ‘During the rainy season the Pitṛs empty their abodes, and oppressed by hunger, describe their own sins and desire milk-rice mixed with honey; and hence one should satisfy the Pitṛs with offerings of milk-rice, mixed with honey, butter and sesamum.’

Gārgya (Do., 668). — ‘On the Nandā days (1st, 6th and 11th of the month), on Friday and on the thirteenth day, the householder should not perform Śrāddha.’

Aṅgiras (Do.). — ‘On the thirteenth day of the dark fortnight, if one offers Śrāddha, the death of his eldest son is certain. If one offers Śrāddha during the asterism of Maghā, his eldest son dies.’

Smṛtyantara (Do., p. 669). — ‘If one offers Śrāddha on the thirteenth, he should offer it not to one Pitṛ; he shall offer the Pārvaṇa Śrāddha.’

Śaṅkha (Parāśaramādhava, p. 669). — ‘On the expiry of the month of Bhādra, or the thirteenth day in conjunction with the asterism of Maghā, one should offer Śrāddha with honey and milk-rice; his forefathers reward him with desirable progeny, fame, heaven, health, and wealth.’

Mahābhārata (Do.). — ‘If a man performs Śrāddha on the thirteenth, no one in his family ever dies young.’

Marīci (Do., p. 670). — ‘On the fourteenth, Śrāddha should be offered only to those who have died through poison, weapons or wild animals, or those who have killed a Brāhmaṇa; for others that day has been condemned.’

Pracetas (Do.). — ‘The fourteenth has been recommended only for those who died through tree-climbing or iron weapons, or lightning or water or poison and such things.’

Sumanta (Parāśaramadhava, p. 670). — ‘Even the Unitary Śrāddha for one who has died through weapons should be performed on the fourteenth day of the Mahālaya.’

 

 

VERSE 3.277

Section XXII - Time for Śrāddha

 

युक्षु कुर्वन् दिनर्क्षेषु सर्वान् कामान् समश्नुते ।
अयुक्षु तु पितॄन् सर्वान् प्रजां प्राप्नोति पुष्कलाम् ॥२७७॥

yukṣu kurvan dinarkṣeṣu sarvān kāmān samaśnute |
ayukṣu tu pitṝn sarvān prajāṃ prāpnoti puṣkalām ||277||

 

Performing (the śrāddha) on the even dates and under the even asterisms, one obtains all desires; and honouring the Pitṛs on the odd ones, he obtains prosperous offspring. — (277)

 

Medhātithi’s commentary (manubhāṣya):

‘Even dates’ — the second, the fourth, and so forth.

‘Asterism’ — lunar mansion; ‘Bharaṇī,’ and the rest are called ‘even asterisms.’

The first, the third, the fifth, the seventh and the ninth days of the month are called ‘odd;’ and the second, the fourth, the sixth, the eighth and the tenth are called ‘even.’ Similarly, the eleventh day is ‘odd,’ and so on with the asterisms also.

‘All desires,’ — the desires being described in detail in Itihāsas and Purāṇas.

‘Prosperous offspring,’ — that which is replete with persons possessed of wealth, learning and strength, is called ‘prosperous.’ — (277)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Kāla, p. 512), which explains ‘yukṣu’ and ‘ayukṣu’ as ‘even’ and ‘odd’, res pectively; — and in Hemādri (Śrāddha, p. 266).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2.16.8-22). — ‘If one performs the Śrāddha on the first day, he obtains children most of whom are female; if on the second day, he obtains children who become thieves; if on the third day, he obtains children endowed with Brāhmic glory; if on the fourth day, he obtains cattle of poor quality; if on the fifth day, he obtains male children, many in number and he does not die childless; if on the sixth day, his son becomes expert in travelling and in gambling; if on the seventh, his agriculture prospers; if on the eighth, he obtains sound health; if on the ninth, he obtains one-hoofed cattle; if on the tenth, his business prospers; if on the eleventh, he obtains articles of iron and lead; if on ṭhe twelfth, he obtains much cattle; if on the thirteenth, he obtains many sons, many friends, beautiful children; if on the fourteenth, he prospers in weapons; if on the fifteenth, he obtains prosperty.’

Viṣṇu (78.36-49). — ‘On the first he obtains house and beautiful wives; on the second, a girl bestowing benefits; on the third, all desirable things; on the fourth, cattle; on the fifth, beautiful sons; on the sixth, success in gambling; on the seventh, success in agriculture; on the eighth, trade; on the ninth, cattle; on the tenth, horses; on the eleventh, sons endowed with Brāhmic glory; on ṭhe twelfth gold and silver; on the thirteenth, good luck; on the fifteenth, all desirable things.’

Yājñavalkya (1.262-267). — ‘Daughters, sons-in-law, cattle, good sons, gambling, agriculture, trade, cleft-hoofed cattle, one-hoofed cattle, sons with Brāhmic glory, gold and silver and other metals, gratified relatives, all desires; — these are obtained by the man who offers Śrāddha from the first day onwards, excepting the fourteenth; also heaven, offspring, glory, bravery, lands, strength, son, honour, good luck, prosperity, supremacy, sovereignty, trade, freedom from disease, fame, freedom from sorrow, the supreme state, wealth, Vedas, successful medication, metal-wealth, cows, goats and sheep, horses, longevity — all this is obtained by one who offers the Śrāddha in accordance with law.’

Gautama (15.4). — ‘Or, one may perform the Śrāddha whenever he gets suitable substances, place and Brāhmaṇas.’

 

 

VERSE 3.278

Section XXII - Time for Śrāddha

 

यथा चैवापरः पक्षः पूर्वपक्षाद् विशिष्यते ।
तथा श्राद्धस्य पूर्वाह्णादपराह्णो विशिष्यते ॥२७८॥

yathā caivāparaḥ pakṣaḥ pūrvapakṣād viśiṣyate |
tathā śrāddhasya pūrvāhṇādaparāhṇo viśiṣyate ||278||

 

Just as, for purposes of śrāddha, the latter half of the month is preferable to the former half, so also, the afternoon is preferable to the forenoon. — (278)

 

Medhātithi’s commentary (manubhāṣya):

‘Fortner halt of the month’ is the brighter fortnight; and ‘latter half’ is the darker fortnight; — months being counted from the brighter fortnight of Caitra onwards.

Just as, for purposes of Śrāddha, the darker fortnight is preferable to — is productive of better results than -the brighter fortnight, so is the afternoon preferable to the forenoon. From the declaration of this ‘preference,’ it follows that in some cases one might perform a śrāddha during the forenoon also.

“As a rule, the illustration should be well known; as a matter of fact, however, nowhere has the text declared the superiority of the darker fortnight to the brighter fortnight, for purposes of Śrāddha. [Hence the illustration is not apt].”

Some people explain that the said superiority is understood from what has been said under 276, regarding the ‘darker fortnight’ and ‘days beginning with the tenth.’ Our explanation, however, is as follows: — According to the principle laid down in Mīmāṃsāsūtra 3. 5. 21, even an unknown fact can serve as an illustration; so that, in the case in question, from the citation of the illustration itself we may even deduce the necessary injunction (regarding the performance of Sharddhas ( Śrāddhas?) during the darker fortnight). — (278)

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 297, l. 16) — ‘Vacanāni tvapūrvatvāt.’ — This is Mīmāṃsā sūtra 3.5.21. The question arising as to whether or not there should be an ‘eating of remnants’ in the case of the Soma juice, — the conclusion is that there should be the eating of it; and this conclusion is based upon a passage referring to a totally different subject; which shows that even an unknown fact can serve as an illustration in support of a definite conclusion.

This verse is quoted in Kālaviveka (p. 366), which explains that the precise meaning of the verse is that ‘from the three parts into which the day is divided, forenoon, mid-day and afternoon, the afternoon is superior to the other two.’

This verse is quoted in Aparārka (p. 465), which adds that the term ‘aparāhṇa’ stands here, not for the fourth part of the day divided into five parts, but simply for ‘the latter half of the day,’ which is its etymological meaning; — in Puruṣārthacintāmaṇi (p. 373); — in Śrāddhakriyakaumudī (p. 314); — in Varṣakriyākaumudī (p. 236); — in Śrāddhakaumudī (p. 248); and in Kālamādhava (p. 109).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra. (2.16.45). — ‘The afternoon of the darker fortnight is more commendable.’

Yājñavalkya (1.226). — ‘Having worshipped the Brāhmaṇas in the afternoon, etc.’

Vyāsa (Aparārka, p. 465). — ‘Three muhurtas constitute the morning, three muhūrtas again form the Saṅgava; three, midday; another three, afternoon.

Śruti (Do.). — ‘The morning is for the gods, the midday for men and the afternoon for Pitṛs.’

 

 

VERSE 3.279

Section XXII - Time for Śrāddha

 

प्राचीनावीतिना सम्यगपसव्यमतन्द्रिणा ।
पित्र्यमानिधनात् कार्यं विधिवद् दर्भपाणिना ॥२७९॥

prācīnāvītinā samyagapasavyamatandriṇā |
pitryamānidhanāt kāryaṃ vidhivad darbhapāṇinā ||279||

 

Until death, one shall perform, with assiduity, the rite in honour of the Pitṛs, according to rule, with the sacred thread passing over the right shoulder, making offerings “from off the left” (to the right) with kuśa-grass in his hand. — (279)

 

Medhātithi’s commentary (manubhāṣya):

This injunction applies to every act that may be done in honour of the Pitṛs.

The special terms used have all been explained before.

‘With assiduity’ — Without sloth; i.e., with due faith.

‘Until death.’ — This shows that the injunction is meant to be observed as long as one lives.

‘With Kuśa-grass in his hand.’ — It has been said above (under 256) regarding ‘Kuśa-grass, the Pavitra, &c.;’ — ‘pavitra’ is the name given to a thing made of Kuśa-grass, with a knot at the top. — (279)

 

Explanatory notes by Ganganath Jha:

‘Ānidhanāt’ — ‘Until death’ (Medhātithi and Govindarāja); — ‘up at to the end of the ceremony’ (Kullūka, Nārāyaṇa, Nandana and Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 725) in support of the view that ‘all the detailed Śrāddha rites beginning with the pouring of water round the dish to the end should be done while one has his thread hanging on his right, shoulder’; — in Vīramitrodaya (Āhnika, p. 345), which explains ‘atandriṇā’ as ‘without laziness,’ — ‘ānidhanāt’ as ‘beginning with death,’ adding that the Maithilas explain this to mean ‘till the end of the ceremony’; — in Śrāddho kriyākaumudi (p. 44), which explains ‘apasavyam’ as ‘vāmāvartakrameṇa,’ and ‘ānidhanāt’ as ‘to the end of the Śrāddha.’

Smṛtitattva quotes this verse on p. 185, in support of the view that the Ulkā-bhramaṇa, ‘Brandishing of the Firebrand,’ which is done on the fifteenth day of Kārtika, being an act done in honour of the Pitṛs, should be done with the sacred thread passing over the right, shoulder; — again on p. 231, in support of the view that the reciting of certain hymns that is laid down as to be done during the Śrāddha, should be done with the sacred thread passing over the right shoulder; — again on p. 236, where it is explained that ‘apasavya’ means ‘pitṛ-tīrtha,’ i.e., the part of the palm between the thumb and the index-finger; — and again in vol. II, p. 303, in support of the view that all the rites that are performed ‘after death’ (ānidhanāt) should be done with the sacred thread passing over the right shoulder.

It is quoted in Gadādharapaddhati (Kāla, p. 527), which reads ‘atantriṇā’ and explains it as ‘anolasena,’ and ‘apasavyam’ as ‘on the left side,’ ‘ānidhanāt’ as ‘till the end of the performance’; — in Nṛsiṃhaprasāda (Śrāddha, p. 24b); — and in Hemādri (Śrāddha, p. 1107), which has the following notes: — ‘Prācīnāvītinā,’ with the sacred thread hanging over the right shoulder and under the left arm-pit, — ‘ānidhanāt,’ ‘till the end,’ — ‘darbhapāṇinā,’ is added with a view to show that everything that is done for the sake of the Pitṛs should be done kuśa in hand.

 

Comparative notes by various authors:

Yājñavalkya (1.232). — ‘Having the sacred thread hanging over the right shoulder, he shall make the offering to the Pitṛs.’

 

 

VERSE 3.280

Section XXII - Time for Śrāddha

 

रात्रौ श्राद्धं न कुर्वीत राक्षसी कीर्तिता हि सा ।
सन्ध्ययोरुभयोश्चैव सूर्ये चैवाचिरौदिते ॥२८०॥

rātrau śrāddhaṃ na kurvīta rākṣasī kīrtitā hi sā |
sandhyayorubhayoścaiva sūrye caivāciraudite ||280||

 

One should not perform Śrāddha at night; for the night has been declared to be ‘fit for demons;’ — nor at the two twilights, nor when the sun has just risen. — (280)

 

Medhātithi’s commentary (manubhāṣya):

Objection — “Inasmuch as it has been laid down that Śrāddhas shall be performed in the afternoon, where was there any possibility of performance at night (that it should have been considered necessary to prohibit it)? It might be argued that the specification of the time itself implies the possibility of performance at other times also. This may be true; but the specification contained in the words, ‘the afternoon is preferable to the forenoon,’ (278) clearly indicates that the performance is possible only at that time, in comparison with which the prescribed time has been declared to be ‘preferable;’ so that the only other time at which the Śrāddha might be performed is the forenoon (and never the night).”

In answer to this, some people offer the following explanation: — The present text serves to prohibit the performance at night, which might be possible under the direction that Śrāddhas shall be performed during lunar and solar eclipses. So that there being prohibition regarding the twilights and the night, and sanction regarding lunar and solar eclipses, there is option between the. two twilights and the two eclipses, as also between the lunar eclipse and night.

Others, however, have explained that ‘midday’ is a time different from both ‘afternoon’ and ‘forenoon;’ and the present prohibition implies that there should be no performance at that time also.

‘When the sun has just risen,’ — the time being the forenoon, the prohibition applies to the first rising of the sun.

‘Fit for demons’ — this is a purely reiterative exaggeration. — (280).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kālaviveka (p. 527) as forbidding the performance of Śrāddhas at night; — in Smṛtitattva, on p. 172, and again on p. 266 as precluding certain times for the performance of Śrāddhas; — in Puruṣārthacintāmaṇi (p. 373); — in Hemādri (Kāla, p. 586), which says that the night is excluded because Rākṣasas stalk about at night, so that if Śrāddha were offered at night, the Rākṣasas would take it away; it should also not be done either in the morning or, in the evening twilight; — in Kṛtyasārasamuccaya (p. 37), which explains ‘Surye achirodite’ as within three muhūrtas of sun-rise; — in Kālamādhava (p. 157); — in Hemādri (Śrāddha, p. 329); — in Śrāddhakriyākaumudī (p. 305), which explains ‘surye &c.’ as ‘during the first muhūrta of the sunrise, which is forbidden in reference to Śrāddha only; — in Suddhikaumudi (p. 194); — in Hemādri (Śrāddha, p. 329); — and in Nṛsiṃhaprasāda (Śrāddha, p. 20b).

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (2. 17. 23). — ‘One shall not per form the Śrāddha at night.’

Viṣṇu (77. 8). — ‘Wise men shall not perform Śrāddha either in the evening or at night; even during these times it should be done if Rāhu (Eclipse) becomes visible.’

Laghu-Śātātapa (94). — ‘One shall not perform Śrāddha during the night, except during an eclipse; during the two twilights however, it should never be performed.’

 

 

VERSE 3.281

Section XXII - Time for Śrāddha

 

अनेन विधिना श्राद्धं त्रिरब्दस्यैह निर्वपेत् ।
हेमन्तग्रीष्मवर्षासु पाञ्चयज्ञिकमन्वहम् ॥२८१॥

anena vidhinā śrāddhaṃ trirabdasyaiha nirvapet |
hemantagrīṣmavarṣāsu pāñcayajñikamanvaham ||281||

 

In accordance with this rule, one should offer Śrāddha thrice in the year — during winter, summer and the rain; and that which forms part of the “five sacrifices” should be done every day. — (281)

 

Medhātithi’s commentary (manubhāṣya):

In accordance with the rules laid down here — i.e., following the procedure, beginning with inviting the Brāhmaṇas on the previous day, and ending with performing the Śrāddha thrice in the year — one should offer the Śrāddha — in what months ? — ‘during winter, summer and the rains.’

What is said here regarding the Śrāddha to be offered ‘thrice in the year’ is to be regarded as optional with what has been said above (122) regarding its being offered ‘month after month.’

‘That which forms part of the Five Sacrifices’ — that which has been prescribed among the ‘Five Sacrifices’ — should be performed every day.

In connection with this last, the only procedure to be adopted consists in — (a) wearing the sacred thread over the right shoulder, (b) making offerings from left to right, and (c) feeding the Brāhmaṇas with face towards the north. That is why it has been re-mentioned here.

It is in view of this text that older people have explained that the rule regarding the offering of Śrāddha thrice in the year is meant for one who has not set up the fire. But what authority they have for this, they alone know. — (281)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 420); — and in Gadādharapaddhati (Kāla, p. 467).

 

 

VERSE 3.282

Section XXII - Time for Śrāddha

 

न पैतृयज्ञियो होमो लौकिकेऽग्नौ विधीयते ।
न दर्शेन विना श्राद्धमाहिताग्नेर्द्विजन्मनः ॥२८२॥

na paitṛyajñiyo homo laukike'gnau vidhīyate |
na darśena vinā śrāddhamāhitāgnerdvijanmanaḥ ||282||

 

The oblation into fire made in connection with the rite in honour of the Pitṛs has not been prescribed as to be offered into the common fire; and for the Brāhmaṇa who has set up the fire, there is no Śrāddha apart from the Moonless day. — (282)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Homa,’ ‘oblation into fire,’ offered in connection with the Rite in honour of the Pitṛs is called ‘Paitṛyajñikahoma;’ — this ‘has not been prescribed as to be offered into the common’ — i.e., the Smārta — ‘fire.’ That is, the Scriptures do not enjoin it as to be done in that manner. Hence it follows that the offering of Śrāddha ‘three times during the year’ is to be made by one who has not set up the Fire. Though this offering three times would be ‘offering into the common Fire,’ yet it would be as good as ‘not done,’ in comparison with what is done throughout the year. For instance, when a man who can eat a seer has eaten less, people are found to say, ‘he has not eaten.’

Older commentators have explained this as a reiterative supplement to what has gone in the preceding verse.

The right view to take, however, appears to be that what is said in the text is that the oblation into Fire, in connection with Śrāddhas, should not be offered into the ‘common Fire,’ — i.e., such fire as has not been set up at marriage or other prescribed times. And this prohibition of the ‘oblation into Fire’ implies that details other than that may be done in the common fire. If such were not the meaning, then, in view of the fact that the ‘oblation into fire,’ offered by the person who has set up the fire, has been prescribed as part of the Pārvaṇa-Śrāddha, the person who has not set up the Fire would not be entitled to the performance of Śrāddhas at all; just as, in view of the fact that the blind person cannot do the ‘looking into the butter,’ he is not entitled to the performance of the Darśa Pūrṇamāsa sacrifi-ces. If it be, as we have explained it, then it comes to this that the Śrāddha performed by the man who has set up the fire would be accompanied by oblations into fire, while that performed by one. who has not set up the fire would be without such oblations. And in this, case, what is said here falls within what has been said in verse 212 above.

Some people have offered the following explanation: — “What is meant here is the Piṇḍapitṛyajña; and the oblation into fire that is offered at this is never offered into the Common Fire.”

Others have said that this is not right, for even so the person who has not set up the Fire might cook the oblation day by day and then offer it.

Others, again, assert that, in view of the phrase, ‘apart from the Moonless Day,’ it follows that by the person who has set up the Fire the Śrāddha should be offered every month; and that the rule regarding ‘three times in the year’ does not apply to him.

Others, again, have declared that such is not the reading.

What then is the meaning?

The meaning is that, apart from the Śrāddha performed on the Moonless Day, no other Śrāddha — such as the ‘Maghā-Śrāddha,’ and the like — is binding upon him; the former alone being necessary for him. For the person who has not set up the Fire, however, the Śrāddhas prescribed in connection with the winter, etc., also are obligatory. — (282)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva on p. 174, as laying down that the Śrāddha during the ‘dark fortnight’ should be preformed on the Moonless Day; — on p. 35, II, as precluding the offering of Homa-libations in the ordinary fire; — and again on II, p. 136, to the same effect.

It is quoted in Vidhānapārijāta (II, p. 615), which remarks that it appears as if it were forbidding the performance of Śrāddha by a man ‘with the Fire’ on any but the Moonless Day; and proceeds to note that some people have taken this to mean that if a Śrāddha happens to fall on any other day, the man ‘with the Fire’ should do the ‘saṅkalpa’ on that day, but postpone the actual performance till the Moonless Day; — but trustworthy people have held that what is meant is that for the man ‘with the Fire,’ even if there should arise the necessity of performing a Śrāddha on another day, he should always wait till the Moonless Day.

This verse is quoted in Nirṇayasindhu (p. 111) which remarks that the first half assigns the reason for what is asserted in the second half. It quotes three opinions — (1) Some people accept this verse in its literal sense; (2) ‘our teachers’ hold that it is meant to forbid for the man ‘with the fire’ the performance of that Śrāddha only which is done in the form of the ‘Piṇḍapitṛyajña’; — (3) ‘our own opinion’ is that it serves to lay down that if any Śrāddha happens to fall on other days, the Man ‘with the fire’ should do it on the Moonless Day’; — in Puruṣārthacintāmaṇi (p. 369), which reproduces the note from Hemādri; — in Hemādri (Śrāddha, p. 1679) which explains the meaning as — ‘The Agnihotri should not perform any Śrāddha in which the ritualistic details of the Darśa-Śrāddha are not adopted’; that is, he should perform the Śrāddha only in the manner of the Darśa-Śrāddha; it does not mean that ‘he should not perform any Śrāddha except the Darśa’; — and in Śrāddhakriyākaumudī (p. 7), which rejects the view set forth by Hemādri, attributing it to Halāyudha.

 

Comparative notes by various authors:

Viṣṇudharmottara (Caturvargacintāmaṇi-Śrāddha, p. 2330). — ‘One who has taken to the fire shall make the offerings into the Dakṣiṇāgni; one who is without the fire shall do it either in the Upasada fire, or, in the absence of fire, into the hands of a Brāhmaṇa, or in water.’

Vāyupurāṇa (Do.). — ‘Having kindled either the Dakṣināgni, for purposes of Homa, or having kindled the ordinary fire simply for the purpose of having a fire, he shall offer the oblations for the accomplishment of the rite.’

Yājñavalkya (1.97). — ‘Every day the householder shall perform the Smārta rites in the marriage-fire, or in the fire kindled at the time of inheritance; and the Śrauta rites in the sacrificial fire.’

Do. (1(?).236). — ‘When going to pour the oblation into the fire, he shall take up the food overflowing with butter, and being permitted to go on with the offering, shall pour the oblation into the fire, in the manner of the Pitṛyajña.’

 

 

VERSE 3.283 [Rewards of Offerings to Pitṛs]

Section XXIII - Rewards of Offerings to Pitṛs

 

यदेव तर्पयत्यद्भिः पितॄन् स्नात्वा द्विजोत्तमः ।
तेनैव कृत्स्नमाप्नोति पितृयज्ञक्रियाफलम् ॥२८३॥

yadeva tarpayatyadbhiḥ pitṝn snātvā dvijottamaḥ |
tenaiva kṛtsnamāpnoti pitṛyajñakriyāphalam ||283||

 

When the best of Brāhmaṇas, having bathed, satisfies the Pitṛs with water, — by that alone he obtains the whole reward of the performance of the offering to the Pitṛs. — (283)

 

Medhātithi’s commentary (manubhāṣya):

The present verse sets forth an option to the daily Śrāddha that has been prescribed in connection with the ‘Five Sacrifices.’

The ‘offering of water’ that is made after bath, — by that he obtains the reward of the offering to the Pitṛs. That is, it is not absolutely necessary to do what has been said (in 3.83) regarding the feeding of at least one Brāhmaṇa and the rest of it. It is only the Water-offering that must be made. — (283).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 391) in support of the view that in case one is unable to perform all the three rites of Tarpaṇa, Śrāddha and Bali, if he performs even one of them, he is saved from the sin of neglecting the ‘offerings to the Pitṛs’; — and in Hemādri (Śrāddha, p. 946).

 

Comparative notes by various authors:

Baudhāyana (2.6.3). — ‘Day after day, one shall moke offerings out of the water-vessel; even so is the Pitṛyajña accomplished.’

Āpastamba-Dharmasūtra (1.13.1). — ‘By the wateroffering is accomplished the offering to gods, the offering to Pitṛs and also Vedic Study.’

 

 

VERSE 3.284

Section XXIII - Rewards of Offerings to Pitṛs

 

वसून् वदन्ति तु पितॄन् रुद्रांश्चैव पितामहान् ।
प्रपितामहांस्तथाऽदित्यान् श्रुतिरेषा सनातनी ॥२८४॥

vasūn vadanti tu pitṝn rudrāṃścaiva pitāmahān |
prapitāmahāṃstathā'dityān śrutireṣā sanātanī ||284||

 

They call the Fathers “Vasus;” the grandfathers they call “Rudras,” and the great-grandfathers they call “ādityas” such is the ancient text. — (284)

 

Medhātithi’s commentary (manubhāṣya):

This verse is intended to prompt a man who, through ill-will towards his father, is disinclined to perform Śrāddhas.

The three grades of ancestors, to whom balls are offered, are the same as the Vasus and other gods; hence they should be looked upon as gods.

‘Such is the text’ — this is found in the Veda; hence ‘ancient’ — the Veda being eternal. — (284)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 461), which explains the meaning to be that the Father should be thought of as Vasu, the grandfather as Rudra and the great-grandfather as Āditya; — in Hemādri (Śrāddha, p. 64); — and in Gadādharapaddhati (Kāla, p. 562) as setting forth the form of the Pitṛs.

 

Comparative notes by various authors:

Yājñavalkya (1.269). — ‘The Pitṛs are the deities of the Śrāddha — Vasu, Rudra and Āditya; and being satisfied with the Śrāddha, they satisfy the Pitṛs.’

Nandipurāṇa (Caturvargacintāmaṇi-Śrāddha, p. 64). — ‘Viṣṇu is the father of the world, Brahmā the grand-father and myself (Śiva), the great-grand-father.’

Ādityapurāṇa (Do.). — ‘The months are the father, the seasons the grand-father and the year the great-grandfather of the people.’

 

 

VERSE 3.285 [Commended Food]

Section XXIV - Commended Food

 

विघसाशी भवेन्नित्यं नित्यं वाऽमृतभोजनः ।
विघसो भुक्तशेषं तु यज्ञशेषं तथाऽमृतम् ॥२८५॥

vighasāśī bhavennityaṃ nityaṃ vā'mṛtabhojanaḥ |
vighaso bhuktaśeṣaṃ tu yajñaśeṣaṃ tathā'mṛtam ||285||

 

One should daily live upon “vighasa,” and daily he should eat “amṛta.” “Vighasa” is that which is left by those who must be fed; and “amṛta” is the remnant of sacrific es. — (285)

 

Medhātithi’s commentary (manubhāṣya):

The first quarter of the verse reiterates the ‘eating,’ that has been laid down before, of the food left after the guests and other persons have eaten.

All scriptures being meant to be conducive to welfare, scriptural treatises always conclude with auspicious declarations; and Rites in honour of the gods are more auspicious than those in honour of the Pitṛs.

‘Remnant of sacrifices.’ — This shows that the eating of the remnants of the Jyotiṣṭoma and other sacrifices stands on the same footing a the ‘eating of Vighasa.’

The second half of the verse contains the explanation of the Vedic declaration, offered by the author, through kindness. He seeks to remove any misconception that people might have regarding the two terms in question, which are what have been used in some Vedic rescensional texts.

He who eats Vighasa is said to ‘live upon Vighasa;’ and he who eats Amṛta is said to ‘eat Amṛta.’

‘What is left by those who must be fed’ — i.e., what is left after persons, who must be fed, have been fed.

Others have explained that what is meant is ‘what has been left after people have been fed at Śrāddha,’ — on the ground that it is Śrāddha that forms the subject-matter of the context. To the same end there is another Smṛti-text — ‘One should eat after having served the Pitṛs.’

Some people say that the ‘eating’ here mentioned forms part of the Śrāddha- rite. While others have said that this restriction regarding food is meant to serve a special purpose for man; the treatment of Śrāddhas having ended with verse 284.

‘Remnant of sacrifices’ should be understood to mean what is left of the materials used at sacrifices. — (285)

 

Explanatory notes by Ganganath Jha:

Compare the Mahābhārata 13.93.13 et. seq.

 

Comparative notes by various authors:

Mahābhārata (12.249.12-13) [reproducing the first line of Manu]. — ‘The remnant of sacrifices is amṛta; and the eating of this is equal to the eating of sacrificial food. He who eats the food left over after the servants have eaten, is called the vighasāśī; vighasa being the food left by servants, and amṛta, the remnant of sacrifices.’ Mahābhārata (3.2.60). — [Reproduces Manu].

 

 

VERSE 3.286 [Summing Up]

Section XXV - Summing Up

 

एतद् वोऽभिहितं सर्वं विधानं पाञ्चयज्ञिकम् ।
द्विजातिमुख्यवृत्तीनां विधानं श्रूयतामिति ॥२८६॥

etad vo'bhihitaṃ sarvaṃ vidhānaṃ pāñcayajñikam |
dvijātimukhyavṛttīnāṃ vidhānaṃ śrūyatāmiti ||286||

 

Thus has been described to you the procedure of the “Five Sacrifices;” listen now to the means of livelihood for the best of twice-born persons. — (286)

 

Medhātithi’s commentary (manubhāṣya):

Though much has intervened between this and the description of the ‘Five Sacrifices,’ yet the present reference to the latter, in the final summing up, is with a view to auspiciousness.

The second half of the verse indicates a part of the subject-matter of the next Discourse.

The usefulness of both these — the Summing Up and the Indicating of what is coming next — has already been explained.

‘The best of twice-born persons’ — i.e., Brāhmaṇas. the ‘means of livelihood’ — professions by which they should live. — Or, the construction may be ‘the principal means of livelihood of twice-born persons.’ All this shall be explained in the next chapter. — (286)

 

End of Discourse III.

 

***


 

Discourse IV - Duties of the Householder:

Means of Livelihood

 

VERSE 4.1 [General Remarks]

Section I - General Remarks

 

चतुर्थमायुषो भागमुषित्वाऽद्यं गुरौ द्विजाः ।
द्वितीयमायुषो भागं कृतदारो गृहे वसेत् ॥१॥

caturthamāyuṣo bhāgamuṣitvā'dyaṃ gurau dvijāḥ |
dvitīyamāyuṣo bhāgaṃ kṛtadāro gṛhe vaset ||1||

 

Having dwelt, during the first quarter of his life, with the Teacher, the Brāhmaṇa shall, during the second quarter of his life, live in his house, after having taken a wife. — (1)

 

Medhātithi’s commentary (manubhāṣya):

The first verse sums up in brief what has gone in the last two discourses, for the purpose of recalling it to the mind; and the second verse serves to indicate that among the Duties of the Householder this prescribes the means of livelihood.

Inasmuch as the extent of ‘life’ of man is uncertain, any rule regarding the ‘quarter’ of life becomes incompatible; hence the present verse is to be taken as stating only the period of life that has been allocated to the various stages of life. Though the rule might somehow be justified on the basis of the assertion that ‘man lives for a hundred years,’ yet our Author has himself laid down other kinds of limit; e.g., with regard to studentship he has said that ‘it may extend till the Veda has been got up’ (3. 1); and in connection with the limit of the stage of the Householder also, it has been said (6. 2) — ‘when the Householder finds etc.;’ and from all this it follows that the present verse is to be taken simply as the reiteration of the said limits.

‘The first quarter of his life.’ — This is regarded as ‘first,’ counting from the man’s birth.

‘Having dwelt with his Teacher,’ — i.e., having accomplished his studentship; — ‘during the second quarter of his life,’ — he shall marry, and ‘live in his house’; — i.e., lead the life of the Householder. — (1)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 562), which adds that the rule here laid down is on the basis of the understanding that the ordinary span of man’s life is a hundred years; — and in Saṃskāramayūkha, (p. 64), which remarks that the span of man’s life being a hundred years, one should devote twenty-five years to each of the four life — stages, — such is the view of the writers of the Digests.

 

Comparative notes by various authors:

Mahābhārata (12.242.28-30). — ‘The pupil shall pass through the life-stages, free from vulgarity; having gone through the fourth part of his life by keeping the fasts and observances, relating to the Veda, he shall offer the fee to his preceptor and perform the ceremony of ‘Return’ according to the law; being united to a virtuous wife and having, with due care, kindled the fires, the householder shall pass the second quarter of his life, keeping firm in his observances.’

Do. (12.243.1). — ‘During the second quarter of his life, the householder shall live in the house, firm in his observances, after having been united to a virtuous wife and having kindled the fires.’

 

 

VERSE 4.2 [Means of Subsistence]

Section II - Means of Subsistence

 

अद्रोहेणैव भूतानामल्पद्रोहेण वा पुनः ।
या वृत्तिस्तां समास्थाय विप्रो जीवेदनापदि ॥२॥

adroheṇaiva bhūtānāmalpadroheṇa vā punaḥ |
yā vṛttistāṃ samāsthāya vipro jīvedanāpadi ||2||

 

[While living in the house], The Brāhmaṇa shall, in normal times, subsist by taking to that means of livelihood which involves no trouble — or very little trouble — to living beings. — (2)

 

Medhātithi’s commentary (manubhāṣya):

By ‘trouble’ here is meant, not only harm, but the unpleasant feeling or displeasure that is produced in the mind of one who is constantly begged with the words ‘give me this,’ ‘give me that;’ — the harming of others being already generally prohibited.

‘Little trouble;’ — If he cannot manage to live without begging, he should beg very little. This is what.is meant by ‘little trouble.’

That ‘means of livelihood’ — means of subsistence, such as agriculture, service, and the like — which means does not cause trouble to other persons, — such a means of subsistence should be taken to.

This is a general advice.

‘By taking to that means...he should subsist.’

What is to be done in abnormal times of distress shall be laid down in Discourse X.

From what is said here it follows that there are also other means of living than those that are going to be described. Otherwise, if the present text referred to those only that are going to be described, there would be no point in the general injunction here put forward. Thus it is that we get at such means of living as ‘officiating at sacrifices,’ ‘teaching,’ ‘money-lending,’ and so forth, — even though these are not mentioned among ‘amṛta’ and the rest enumerated here.

‘Living on gleanings,’ which has been accepted as a very small means of subsistence, is what is meant by ‘involving little trouble.’ Says Gautama (10.6) — ‘Agriculture and Trade, done through others, as also money-lending.’

What is here laid down is the means of mere subsistence; the amassing of wealth is to be done by the few specialised means going to be enumerated. — (2)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.128), which says that what is here stated is confined to the Brāhmaṇa only; — in Vidhānapārijāta (II, p. 246); — in Madanapārijāta (p. 215); — and in Nṛsiṃhaprasāda (Āhnika, p. 37a),

 

Comparative notes by various authors:

Viṣṇu (2.11). — ‘For the Brāhmaṇa, officiating at sacrifices and receiving of gifts.’

Āpastamba-Dharmasūtra (2.4-6). — ‘The Brāhmaṇa’s own occupation, consists of studying, teaching, sacrificing, officiating at sacrifices, making gifts, receiving gifts, inheriting of property and gleaning and picking; also such others as may not have been adopted by others.’

Baudhāyana (2.2.69). — ‘If unable to maintain himself by teaching, officiating at sacrifices, and receiving of gifts, he may live by the occupation of the Kṣatriya; this being the next best for him.’

Atri (13). — ‘The occupation of the Brāhmaṇa consists of sacrificing, making gifts, studying, austerities, receiving gifts, teaching and officiating at sacrifices; these are the means of his livelihood.’

Arthaśāstra (p. 29). — ‘For the householder, living by the means prescribed for him, marrying in families not belonging to the same Ṛṣi-gotra, approaching his wife only during her periods, making offerings to gods, Pitṛs, guests and dependants and feeding on what remains.’

 

 

VERSE 4.3

Section II - Means of Subsistence

 

यात्रामात्रप्रसिद्ध्यर्थं स्वैः कर्मभिरगर्हितैः ।
अक्लेशेन शरीरस्य कुर्वीत धनसञ्चयम् ॥३॥

yātrāmātraprasiddhyarthaṃ svaiḥ karmabhiragarhitaiḥ |
akleśena śarīrasya kurvīta dhanasañcayam ||3||

 

For the accomplishment of bare maintenance, one shall accumulate wealth by means of one’s own irreproachable occupations, without causing trouble to the body. — (3)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has described the means of daily subsistence; the present verse is going to mention rules regarding the accumulating of wealth.

‘One shall accumulate wealth by means of one’s own occupations.’ — These occupations shall be described later on.

The author states the purpose for which wealth is to be accumulated: ‘For the accomplishment of bare maintenance’ — Wealth shall be accumulated, not for the purposes of pleasure, but simply for the sake of maintenance. ‘Maintenance’ stands for the subsisting of oneself and one’s family; and what just suffices for that is called ‘bare maintenance;’ — ‘the accomplishment,’ or bringing about of this, is the ‘purpose’ of the accumulation. The performance of obligatory duties is included under one’s ‘own subsistence;’ for, until one performs these, one’s own subsistence is not accomplished. It has been said above (3.72) — ‘he who does not make the five offerings, is not alive, even though he may be breathing.’

Or, what is meant is that, even though a certain means of accumulating wealth may be sanctioned by the scriptures, if it happen to be such as is considered reproachable in the eyes of men, it shall be avoided. For instance, when a man of noble family has spent all his belongings, he shall avoid living by such means as the receiving of gifts from a person of his own caste, but of a low family, who may have acquired wealth.

‘Without causing trouble to the body’ — Service and Trade are sources of great suffering to the body, involving as they do long journeys and other troubles: so that these should be avoided.

‘Accumulation.’ — Collecting and keeping. — (3).

 

 

VERSE 4.4

Section II - Means of Subsistence

 

ऋतामृताभ्यां जीवेत् तु मृतेन प्रमृतेन वा ।
सत्यानृताभ्यामपि वा न श्ववृत्त्या कदा चन ॥४॥

ṛtāmṛtābhyāṃ jīvet tu mṛtena pramṛtena vā |
satyānṛtābhyāmapi vā na śvavṛttyā kadā cana ||4||

 

He shall live in “Truth” and “Nectar,” or by “Death” and “Super-death;” or, even by “Truth and Falsehood;” but never by the “living of the dog.” — (4)

 

Medhātithi’s commentary (manubhāṣya):

The author now mentions the “occupations” by name; and their mere names imply the excellence of some of them; and from this it follows that one should have recourse to the deprecated ones only when the commended ones are not possible.

Of these, the “Death” and the “Super-Death” are the most deprecated; and worse than these is the “Truth and Falsehood,” as is clear from the fact that the Text says that one may live ‘even by these;’ where the term ‘even’ clearly indicates undesirability. — (4)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 309); — in Vidhānapārijāta (II. p. 246); — and the second half in Madanapārijāta (p. 216).

 

Comparative notes by various authors:

Agnipurāṇa (100.5). — [Reproduces Manu.]

Kūrmapurāṇa (1.2.25.22). — ‘The householder is of two kinds — the Sādhaka and the Non-sādhaka; for the former, teaching, officiating at sacrifices, receiving of gifts, gleaning and picking; for the Non-sādhaka householder, gleaning and picking have been declared to be the only two means of livelihood.’

 

 

VERSE 4.5

Section II - Means of Subsistence

 

ऋतमुञ्छशिलं ज्ञेयममृतं स्यादयाचितम् ।
मृतं तु याचितं भैक्षं प्रमृतं कर्षणं स्मृतम् ॥५॥

ṛtamuñchaśilaṃ jñeyamamṛtaṃ syādayācitam |
mṛtaṃ tu yācitaṃ bhaikṣaṃ pramṛtaṃ karṣaṇaṃ smṛtam ||5||

 

Gleaning and picking is to be known as “Truth;” and what is obtained unasked, “Nectar”; alms obtained by begging is “Death,” and cultivation is declared to be “Super- death.” — (5)

 

Medhātithi’s commentary (manubhāṣya):

The corn that is gleaned is to be known as ‘Truth;’ living by this means being regarded as equal to the strict observance of truth. When after harvesting, corn is being carried either home or to the granary, if certain ears of corn fall down on the ground, and are left by the owner’ — the picking up of these is what is called “gleaning;” and this is called ‘Truth;’ and in regard to this, one need not entertain any such idea as ‘this belongs to another person, so I shall not take it.’

Similarly, when one takes away what has fallen off from the sheaf — either before or after harvesting, — and what forms part of several offshoots, — this is ‘picking.’

‘What is obtained unasked is Nectar’ — so called, because it is a source of great pleasure.

‘The alms obtained by begging is Death.’ — The term ‘begging’ itself signifying the fact of what is obtained being ‘alms,’ the addition of this latter term — which is formed by the adding of a Nominal Affix denoting a group or collection, — is meant to imply that several persons shall be begged, and no single person shall be constantly troubled, as is shown by what has been said above regarding ‘what involves very little trouble to living beings.’ Then again, as a rule, the term ‘bhaikṣa,’ ‘alms,’ is found to be used in the sense of cooked food; as we find in the case of such passages as — ‘for the purpose of cleansing oneself from alms;’ hence the adding of the term ‘begging’ serves to indicate that ‘alms’ stands here for food in general; hence what is meant here is not cooked food only; specially as for one who has set up the Fire, it would be wrong to make the Vaiśvadeva and other offerings with food cooked in any other fire.

The begging of alms here spoken of is not meant to be that only which is got for eating; it stands for what enables the man to maintain himself; and the maintenance of the householder is not accomplished merely by eating; in fact, it requires all such things as are necessary for house-keeping; hence it is that water-vessels and other such articles should also be begged; as also such household-requisites as dishes and covers, etc. So far as the Student is concerned, since for him it is impossible that just at the time of his eating, cooking should be done in the proper manner; — it follows that in his case ‘alms’ must mean cooked food only.

The term ‘bhikṣā,’ ‘alms,’ also indicates the quantity of the article obtained by begging; this quantity being a mere handful. But when a man is begged, he does not give mere alms, a mere handful; so that the begging of the cow, gold and such other things could not be regarded as sanctioned by the mere ‘handful.’ In fact, begging is always done for the purpose of receiving all kinds of gifts.

“The receiving of alms also would be a receiving of gifts.”

No; mere acceptance does not constitute the ‘receiving of gifts;’ the root ‘graha,’ with the preposition ‘prati,’ — i.e., the term ‘pratigraha,’ ‘receiving of gifts’ — is applied to a particular form of ‘acceptance,’ and not to any and every acceptance. Wherever the term ‘pratigraha,’ ‘gift,’ is used — e. g., under 4.186 and 10.100 — it is used in the sense of such gift as is offered with a view to some transcendental result, and is received with due mantras. In the receiving of mere ‘alms,’ however, there is no reciting of any such mantra as ‘devasya tvā, etc.’ Nor again, is the term applied to the accepting of friendly and other presents; in the sense of this latter, the term is never used.

From all this it follows that the terms ‘Truth’ and ‘Nectar’ are used in the sense of things other than ‘gifts.’ Hence, in this case, the man who gives, whether begged or un-begged, is a high-souled person, and, hence, in his mind there does not arise any desire for any form of return (for the gift he makes); so that there would be no grounds for any restriction as to the caste, etc., of the recipient or giver. When a present is made entirely through sympathy for the receiver, it does not become a ‘gift’ (which always connotes the presence of desire for some transcendental result).

“But what is given through sympathy or pity is also conducive to transcendental results.”

We say — no; because it does not fulfil the conditions of ‘dāna,’ ‘giving’ (formal); it being prompted either by pity or by the desire to do good to others. Hence, just as in offering advice, through sympathy, considerations of caste do not come in; so in the case of giving through pity also. It is for this reason that in the case of such giving, cultured people do not observe any such restrictions as ‘gifts should be offered to the Brāhmaṇa who knows the real meaning of the Veda,’ and so forth. It is for this same reason, again, that even non-Brāhmaṇas, on becoming poor, accept gifts offered by others, but are not, on that account, regarded as having ‘received gifts,’ and thus transgressed upon the Brāhmaṇas ‘livelihood.’

The conclusion, therefore, is as follows: — Though in the regular ‘gift,’ considerations of its being asked or unasked do come in, yet it does not, merely on that account, become either ‘Truth’ or ‘Nectar;’ because it has been shown that these terms have a different connotation.

This same connotation is applicable to ‘officiating at sacrifices’ and ‘teaching’ (the other two means of livelihood for the Brāhmaṇa): Some one obtains the post of officiating at a sacrifice after having begged for it from some one. Similarly with the work of Teaching also.

Any such means of living as is obtained by begging, involves humiliation; and hence, resembling death, it is called ‘death.’

Cultivating is worse even than Death; specially as the act of ploughing and carrying of burdens is the work of lower people. — (5)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 309), which explains the difference between ‘uñcha’ and ‘śila’ by taking ṭhe former to mean the picking up of single grains, of corn and the latter that of ears of com fallen on the ground; — and in Vidhānapārijāta (II, p. 246).

 

Comparative notes by various authors:

(verses 4.5-6)

Kūrmapurāṇa (1.2.25.23). — ‘He may live either by Nectar or by Death; Nectar is that which is obtained unasked, and Death is the alms obtained by begging.’

Bṛhad-Yama (60, 62). — ‘The Brāhmaṇa is ruined by serving the king. Those Brāhmaṇas who serve such masters as should not be served, and who officiate at sacrifices for those for whom it should not be done, are to be regarded as impure and beyond the pale of all Dharma.’

Vaśiṣṭha (2.27). — ‘When unable to maintain himself by means of his own occupations, he shall never have recourse to a sinful occupation.’

Yājñavalkya (3.25). — ‘In abnormal times of distress, the Brāhmaṇa may maintain himself by the occupation of the Kṣatriya, or by that of the Vaiśya.’

Viṣṇu (2.15). — ‘In times of distress, the occupation of the next (caste).’

Baudhāyana (2.2.69, 72). — ‘Being unable to maintain himself by teaching, officiating at sacrifices, and receiving of gifts, he shall live by the occupation of the Kṣatriya; this being the next best for him; — he may also have recourse to the occupation of the Vaiśya; this being the next best.’

Gautama (7.6-7). — ‘In the absence of the aforesaid, the occupation of the Kṣatriya; in the absence of this latter also, the occupation of the Vaiśya.’

 

 

VERSE 4.6

Section II - Means of Subsistence

 

सत्यानृतं तु वाणिज्यं तेन चैवापि जीव्यते ।
सेवा श्ववृत्तिराख्याता तस्मात् तां परिवर्जयेत् ॥६॥

satyānṛtaṃ tu vāṇijyaṃ tena caivāpi jīvyate |
sevā śvavṛttirākhyātā tasmāt tāṃ parivarjayet ||6||

 

Trade is “Truth and Falsehood;” even by that one may live. Service has been declared, to be the “living of dogs;” hence one should avoid it. — (6)

 

Medhātithi’s commentary (manubhāṣya):

It should not be understood that the scripture here lays down the fact of Trade being both ‘true’ and ‘false;’ it only describes the nature of the thing; and what constitutes the ‘falsehood’ of Trade is the element of avaricious grabbing involved in it.

‘May live.’ — This implies that Trade may be had recourse to, only for the purposes of livelihood, never for that of accumulating wealth.

‘Service is the living of the dog.’ — The dog is made to work hard, and gets little and with difficulty; so also the servant. ‘Service’ here connotes being ordered about; the servant is always commanded to do this and that work, right as well as wrong. Hence, when people serve kings with such superior kind of work as the carrying of arms and the like, these are not regarded ‘as the living of dogs,’ — (6)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Parāśaramādhava (Ācāra, p. 309); — and the entire verse in Vidhānapārijāta (II, p. 246).

 

Comparative notes by various authors:

(verses 4.5-6)

See Comparative notes for Verse 4.5.

 

 

VERSE 4.7

Section II - Means of Subsistence

 

कुसूलधान्यको वा स्यात् कुम्भीधान्यक एव वा ।
त्र्यहेहिको वाऽपि भवेदश्वस्तनिक एव वा ॥७॥

kusūladhānyako vā syāt kumbhīdhānyaka eva vā |
tryahehiko vā'pi bhavedaśvastanika eva vā ||7||

 

He shall be either one possessing a granary full of grains, or one possessing a jar full of grains; he may be one possessing what is wanted for three days, or one who does not possess enough for the morrow. — (7)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared that wealth should be accumulated for the maintenance of oneself and family; and no trouble shall be undertaken for mere pleasure; it has not been said whether the man is to acquire wealth day by day, or only once, sufficient to last for a long time. Hence the Text now proceeds to show how one is to earn a living lasting for some length of time.

‘Kusūladhānyakaḥ.’ — One who has grains in a granary; the compound being a Bahuvrīhi, where the members are not in apposition to each other.

Another reading is ‘Kusūladhānyikaḥ;’ in which case, the term Kusūladhānya would mean ‘grains enough to fill a granary;’ and one who possesses this would be ‘Kusūladhānyika;’ the word being formed with the Possessive affix ‘ik.’

Receptacles built of bricks and such things, which contain grains, are called ‘Kusūla’ or ‘Koṣṭha,’ ‘granary;’ and this term serves to indicate the quantity; the sense being that ‘one shall accumulate grains in such quantities as may fill a granary and it does not mean that ‘he must use the granary only as the receptacle for grains.’ What the text permits, by means of the word ‘granary,’ is the accumulating of just that quantity of grain which may suffice to maintain for one year the family of a man with large responsibilities, having a large number of servants, relations, wives, slaves, children, cattle, horse, and such other things. That such is the sense, is shown by what is going to be said (in 11.7) regarding the man who has grains sufficient for three years.

Significance is not meant to be attached to the term ‘grains’ also; in fact, there would be nothing wrong in the man acquiring such quantities of gold, silver and such things as would suffice for the said maintenance. All that the text means is that one should not accumulate more than that.

‘Kumbhī’ is the same ‘uṣṭṛka,’ ‘jar.’ They say that this stands for such quantity as would suffice for six months.

‘Trayahaihika;’ — ‘aihika’ means ‘wanted;’ he who has what is wanted for three days is ‘trayahaihika;’ which is the name given to one who collects what is enough for the requirements of his family for three days.

‘Śvastana’ is what is needed for the morrow; he who possesses this is, as before, ‘Śvastanika;’ and this compound, with the negative particle, gives the term ‘aśvastanika;’ ‘who does not possess enough for the morrow.’ The meaning is that he should acquire what just suffices for the time, what he earns he should spend all that the same day. — (7)

The author next states the law relating to the options just mentioned: —

 

Explanatory notes by Ganganath Jha:

‘Kusūladhānyakaḥ’ — Having as much grain as is contained in a Kusūla, a granary, i. e., enough to feed the household for one year’ (not three as mentioned by Buhler) [Medhātithi]; — ‘enough to last twelve days’ (Govindarāja); — ‘enough for three years’ (Kullūka and Rāghavānanda); — ‘enough for twelve, six or three months’ (Nārāyaṇa).

‘Kumbhīdhānyakaḥ’ — ‘Having as much grain as may be contained in a Kumbhī, i.e., enough to last for six months’ (Medhātithi); — ‘enough to last for six days’ (Govindarāja and Nārāyaṇa); — ‘enough for one year’ (Kullūka and Rāghavānanda).

This verse is quoted in Aparārka, (p. 169); — in Mitākṣarā, (on 1.128), which adds that this refers, not to all Brāhmaṇas, but to those only who are ‘yāyāvara’ i.e., ‘who devote themselves entirely to study, sacrifice and making gifts, and do not have recourse to teaching, sacrificing for others and receiving gifts, or amassing of wealth’ (according to Devala); — also on 3.29, as describing the four kinds of ‘Householder’; — in Madanapārijāta (p. 216); — in Vidhānapārijāta (II, p. 246), which explains ‘Kusūla’ as ‘Koṣṭhakam,’ — ‘Kumbhī’ as ‘aṣṭrikā,’ and the whole compound as ‘one who possesses grain enough to fill the one or the other’; — ‘tryahika’ as ‘one who has grains enough to last for three days,’ and ‘aśvastana’ as ‘one not having grains for the morrow’; — and in Nṛsiṃhaprasāda (Āhnika, p. 37a).

 

Comparative notes by various authors:

(verses 4.7-8)

Yājñavalkya (1.228). — ‘He may be the possessor of a granary-full or a jar-full of grains, or of grain enough for three days, or of grain not enough for the morrow; or he may live by gleaning and picking; the succeeding being superior to the preceding among these.’

Laghu-Viṣṇu (2.16-17). — ‘The virtuous householders are divided into four classes according to the difference in their means of livelihood; of these the following is superior to the preceding. [Three quarters of Manu’s text being reproduced, the fourth part is read as sadyaḥprakṣālakaḥ, one who had just enough for the last meal that he has had.]’

Mahābhārata (12.249.2-3). — ‘Four kinds of livelihood for householders have been described by the wise — the first is the possessing of a granary-full of grains; then the possessing of a jar-full of grains; then the possessing of not enough for the morrow; and the last is the method of the pigeon (having nothing beyond the present meal); among these the following is superior to the preceding.’

 

 

VERSE 4.8

Section II - Means of Subsistence

 

चतुर्णामपि चैतेषां द्विजानां गृहमेधिनाम् ।
ज्यायान् परः परो ज्ञेयो धर्मतो लोकजित्तमः ॥८॥

caturṇāmapi caiteṣāṃ dvijānāṃ gṛhamedhinām |
jyāyān paraḥ paro jñeyo dharmato lokajittamaḥ ||8||

 

Among these four Brāhmaṇa-householders, each later should be regarded as superior, and a superior winner of worlds by virtue of his merit. — (8)

 

Medhātithi’s commentary (manubhāṣya):

The person who accumulates wealth enough for a shorter time is superior, better, in point of merit; and superiority of merit leads to superiority of reward — ‘he is a superior winner of worlds’ — he wins the wolrds; i.e., takes possession of them, as their master; i.e., obtains them for his enjoyment. The suffix ‘tama’ denotes excellence. In the absence of qualifications, the term ‘worlds’ here is taken as standing for the heavenly regions.

For these reasons, the rule on this point would be as follows: —

(a) He who has vast responsibilities, having many children, whose sons have not set up separate houses, who has not married away his daughters, — such a person should possess a granary full of corns; — (b) he, however, who has become advanced in age, has got children, has done all that he had to do, — such a person, as he goes on withdrawing from activities, should have recourse to the other alternatives. — (8)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 169); — and in Madanapārijāta, (p. 216).

 

Comparative notes by various authors:

(verses 4.7-8)

See Comparative notes for Verse 4.7.

 

 

VERSE 4.9

Section II - Means of Subsistence

 

षट्कर्मैको भवत्येषां त्रिभिरन्यः प्रवर्तते ।
द्वाभ्यामेकश्चतुर्थस्तु ब्रह्मसत्त्रेण जीवति ॥९॥

ṣaṭkarmaiko bhavatyeṣāṃ tribhiranyaḥ pravartate |
dvābhyāmekaścaturthastu brahmasattreṇa jīvati ||9||

 

From among these one follows the six occupations; another lives by three; one again with two; while the fourth lives by “Brahmasattra.’ — (9)

 

Medhātithi’s commentary (manubhāṣya):

‘From among these’ — from among the four kinds of householders, one having a granary full of grains, and so forth, — ‘one follows the six occupations;’ i.e., the person with vast responsibilities described above, follows all the six occupations. — “Which are these?” — These arc — (1) gleanings, (2) pickings, (3) earning by begging, (4) earning without begging, (5) agriculture and trade; ‘teaching,’ officiating at sacrifices’ and ‘receiving gifts’ being included under ‘earning by begging, and without begging.’ The man with a large family should have recourse to all these occupations, for the due fulfilment of his daily work; in fact he may have recourse to even agriculture and trade.

Some people explain the ‘six occupations’ of the present context as standing for — ‘Teaching, studying’ and the rest mentioned in Discourse I (88). But this explanation is in-compatible with the context [since Study, offering of sacrifices and making gifts can nut be ‘means of livelihood’]; and further, there would be no point in prescribing study and the rest here, they having been already enjoined elsewhere (in 1.88 and in 10.75).

‘Another’ — the second, who possesses a jar full of corns — ‘lives by three;’ the prefix ‘pra’ in ‘pravartate’ is superfluous; ‘pravartate’ standing for ‘vartate.’ Any three occupations of those mentioned are meant here, — with the exception of Agriculture and Trade.

The person possessing only a jar full of corns is more commendable than the former. Since it is going to be declared later on that — ‘this means of living has been deprecated by the good;’ this with reference to the ‘tending of cattle, trade,’ and so forth (8.102). Gautama has mentioned (10.5-6)

‘Agriculture and Trade, not carried on by oneself, and money-lending’ as permissible in normal times. But even when one carries on trade and agriculture, not by oneself, but through others, — there is something improper in this also; though the impropriety may be a small one.

‘One lives with two.’ — Here also, leaving off ‘earning by begging,’ any two of the six may be adopted. The acquiring of wealth without begging also is permissible only to the extent of what may suffice for three days.

‘The fourth lives by Brahmasattra.’ — ‘Brahmasattra’ stands for either one of the two, ‘picking’ and ‘gleaning.’ These means of living are called ‘sattra’ (Sacrificial Session), because they are carried on continuously and are not to be finished on any one day. For this reason they are called ‘sattra,’ specially as they have to be carried on every day. The term ‘brahma’ is synonymous with ‘Brāhmaṇas;’ the meaning being that this is a sacrifical session for Brāhmaṇas. From the use of this term ‘brahma’ here, it follows that all that has been said before this regarding the means of living, pertains to ‘Brāhmaṇas;’ those pertaining to the Kṣatriya and others will be described on various occasions.

Question — “How can any living be possible by pickings and gleanings alone? since it is only during the autumn and the summer that it is possible for ears of corns to fall either in fields or in harvest-yards, it might be said that ‘the man would earn summer-grains from the summer-harvests, and the autumnal grains from the autumnal harvests.’ But in this way the man would have to collect grains lasting for six months; and he could never be ‘one who does not possess enough for the morrow.’ It might be argued that — ‘it would be possible for the man to pick and glean grains that may have fallen here and there (even apart from harvesting).’ This is true; but the grain collected in this fashion could never suffice for feeding. — ‘When the man is picking and gleaning, just as he will have collected enough, he will eat; it being impossible for him to make a collection for five or more days. In the Mahābhārata, the person who eats at the end of a fortnight has been called ‘one who lives by pickings and gleanings which means that, under such circumstances, the Householder has become the Hermit.’ — But even so, this would be incompatible with the character of ‘one who does not possess enough for the morrow;’ as, under the circumstances mentioned, the man would be ‘one who lives upon whatever he obtains,’ and not‘ one who does not possess enough for the morrow.’ That man is called ‘one who does not possess enough for the morrow,’ who earns everyday just enough for the day, and spends it all on the same day, and does not keep anything for the next day. If the daily ‘picking and gleaning’ does not suffice for his daily feeding, how could he be ‘one who does not possess enough for the morrow?’ How could such a person live and maintain his wife and children?”

It is in view of these difficulties that some people offer another explanation of the Text beginning with the words ‘another lives by three’: — ‘By three’ — i.e., by officiating at sacrifices, by teaching and by receiving gifts. — ‘By two’ — i.e., by officiating at sacrifices and by teaching; the ‘receiving of gifts’ being precluded in view of what is said (in 10.109) regarding ‘the receiving of gifts being demeaning.’ — ‘Brahma - sattra’ is teaching; and this would be enough for a living. The person described (in 4.10) as ‘one who lives by picking and gleaning, etc.,’ must be different from the four described in the present text.

On this point, we offer the following explanation: — ‘The person living by picking’ is one who obtains from several persons — taking ten or twelve barley grains from each — just enough to serve for the day; while one who obtains from each person enough for the day is called ‘one living by gleanings.’ In another Smṛti text, this means of living has been called ‘Yāyāvara.’ in view of this, such livelihood may pertain to all time. Nor would there be any incompatibility between the performance of the Vaiśvadeva and other rites and the maintaining of wife and children; as for purposes of the former, a very small quantity would be taken out of the alms obtained. — (9)

 

Explanatory notes by Ganganath Jha:

‘Ṣaṭkarma’ — Medhātithi is again misrepresented by Buhler. (See Translation); the ‘six’ described by him are (1) ‘uñcha,’ (2) ‘śila,’ (3) ‘ayācitalābha,’ (4) ‘yācitalābha,’ (5) ‘kṛṣi’ and (6) ‘vāṇijya’; and he adds that ‘Teaching, sacrificing for others and receiving gifts’ are included under ‘yācita-ayācitalābha’ — they are those mentioned in verses 5 and 6, according to Govindarāja, which agrees with Medhātithi; — those mentioned in 5 and 6, excepting ‘service’ and substituting in its place ‘money-lending,’ according to Kullūka and Rāghavānanda; — according to Nārāyaṇa, those mentioned in verses 5 and 6, and also those enumerated in 1.88; — those mentioned in 1. 88, according to Nandana, which explanation Medhātithi notes and rejects.

‘Tribhiḥ’ — Here also Buhler misrepresents Medhātithi; Medhātithi does not restrict ‘three’ to the ‘first three mentioned in verses 5-6’; what he clearly says is ‘any three out of those mentioned excepting agriculture and trade’; — ‘teaching, sacrificing and accepting gifts’ (Govindarāja, Kullūka, Rāghavānanda and Nandana); — ‘teaching, sacrificing and accepting gifts, as also the first three mentioned in verses 5-6’ (Nārāyaṇa).

‘Dvābhyām’ — Here also what Medhātithi says is — any two out of the three just recommended, excepting gifts received for asking — and not ‘gleaning and accepting voluntary gifts’ as stated by Buhler; — ‘sacrificing and teaching’ (Govindarāja Kullūka, Rāghavānanda and Nandana); — ‘gleaning ears and single grains’ (Nārāyaṇa).

‘Brahmasattra’ — ‘Any one of the two, gleaning ears and gleaning single grains’ (Medhātithi and Nārāyaṇa); — ‘teaching’ (Govindarāja, Kullūka, Rāghavānanda and Nandana).

This verse is quoted in Aparārka (p. 169), which adds the following notes: — ‘ṣaṭkarma’ stands for the six occupations of sacrificing for others, offering sacrifices and the rest, that have been recommended for the Brāhmaṇa; and these are referred to for the purpose of prescribing the three occupations of receiving gifts and the rest; — ‘tribhiranyaḥ’ — i. e., for the ‘kumbhīdhānya’ also the three occupations are enjoined; — ‘dvābhyām ekaḥ’, — this permits sacrificing and teaching for the Tryahaihika, — the receiving of gifts being forbidden, as they may come from evil persons; — the fourth, ‘Aśvastana’ should live by ‘Brahmasattra’, i. e., teaching alone. Thus it follows that the ‘Kusūladhānya’ and the rest are meant for the Brāhmaṇa only; as the receiving of gifts and the rest are not possible for any other caste.

Mitākṣarā (on 1.128) quotes the verse in support of the view that the first refers to ‘sacrificing, teaching, receiving gifts, agriculture, trade and cattle-tending,’ — the second to ‘sacrificing, teaching and receiving gifts,’ — the third to ‘sacrificing and teaching’ and the fourth to ‘teaching’ only.

The verse is quoted in Madanapārijāta (p. 216), which provides an explanation more in keeping with Medhātithi’s: — The Kusūladhyāna has six occupations, — viz. uñcha, śila, ayācita, yācita, kṛṣi and vāṇijya; — the other, ‘Kumbhīdhānya’ lives by three — i.e., uñcha, śila and ayācita; — the ‘Tryahaihika’ by two — i.e., uñcha and śila; — and ‘Aśvastanika’ by the ‘Brahmasattra’ i.e., by the u ñ cha alone, which leads him to the ‘regions of Brahman, and as such is equal to the Sattra sacrifice.’

The verse is quoted also in Vidhānapārijāta (II. p. 247), which explains the ‘six occupations’ to be ‘sacrificing, teaching, receiving gifts, agriculture, trade and cattle-tending; — and in Saṃskāramayūkha (p. 131), which explains the meaning as follows: — Some people live by the six means — officiating at sacrifices, teaching, receiving gifts, agriculture, trade and cattle-tending; — others by three only viz., receiving gifts, teaching and officiating at sacrifices; others by two only i.e., by officiating at sacrifices and teaching; and others again by one only, teaching; among these each succeeding one is superior to the preceeding ones.

 

Comparative notes by various authors:

Mahābhārata (12.244.4). — [Practically the same as Manu — ‘Ṣaṭkarmā vartayatyeko tribhiranyaḥ pravartate dvābhyamekaścaturthastu brahmasattre vyavasthitaḥ.’]

 

 

VERSE 4.10

Section II - Means of Subsistence

 

वर्तयंश्च शिलौञ्छाभ्यामग्निहोत्रपरायणः ।
इष्टीः पार्वायणान्तीयाः केवला निर्वपेत् सदा ॥१०॥

vartayaṃśca śilauñchābhyāmagnihotraparāyaṇaḥ |
iṣṭīḥ pārvāyaṇāntīyāḥ kevalā nirvapet sadā ||10||

 

‘Living by gleanings and pickings, intent upon the performance of Agnihotra, one should constantly offer only those Iṣṭi-sacrificer that pertain to the moonless and full-moon days and to the solstices. — (10);

 

Medhātithi’s commentary (manubhāṣya):

The term ‘pārvāyaṇāntīyāḥ’ is to be expound as ‘those pertaining to the Parvas and the Ayanāntas;’ — the term being formed with the reflexive ‘aṇ’ and the correlative ‘cha’ (according to Pāṇini, 4.2.114).

‘Iṣṭi-sacritices pertaining to the Parvas (the moonless and the full-moon days) are the Darśa-pūrṇamāsa sacrifices; and that ‘pertaining to the solstices’ is the sacrifice called the ‘Agrayaṇa.’

The adding of ‘only’ precludes the voluntary sacrifices that are performed with special ends in view. For the man here referred to, the offering of the Vaiśvadeva oblations and the making of Bali -offerings are not necessary every day; because he does not possess the requisite amount of wealth. Hence the term ‘only’ precludes all the more elaborate sacrifices.

“For that same reason, the Agnihotra also would not be possible for the man; as wealth is needed for that also.”

Yes; but he could offer the fortnightly oblations.

“How would such a man maintain his wife?”

She also will have recourse to the same means of living (i.e., picking and gleaning). In the event of the wife being disabled and unable to carry on this method of livelihood, the husband would not be entitled to the performance of the Agnihotra (or to the livelihood by pickings and gleanings).

“How would the wife, in such cases, manage to live, when the man would be keeping the Cāndrāyaṇa and such other fasts and observances?”

There is no room for this question, in face of the direction that ‘the wife shall eat what is left by the guest and others.’

“In the event of the man not being able to offer the Vaiśvadeva -offerings, the wife could not live upon her own private property; as it has been laid down that both husband and wife shall live upon ‘remnants,’ Hence, the man shall make the Vaiśvadeva -offerings with the help of his wife’s property; specially, as the use of the wife’s property for religious purposes has been sanctioned by the scriptures.”

It is not so; under the circumstances mentioned, it is the Agnihotra, and not the Vaiśvadeva -offering, that is religiously binding.

Or, even granting what you say. How would that woman live who has no private property of her own?

From all this it follows that the man, whose wife is disabled, is not entitled to have recourse to the ‘picking and gleaning’ method of livelihood.

‘Living’ — maintaining himself. — (10)

 

Comparative notes by various authors:

Laghu-Viṣṇu (2.27.29). — ‘Whatever means of Dharma have been laid down in the Śruti and in the Smṛti, — every one of these should be carried out in practice by one living in the house; otherwise he becomes open to censure.’

 

 

VERSE 4.11

Section II - Means of Subsistence

 

न लोकवृत्तं वर्तेत वृत्तिहेतोः कथं चन ।
अजिह्मामशथां शुद्धां जीवेद् ब्राह्मणजीविकाम् ॥११॥

na lokavṛttaṃ varteta vṛttihetoḥ kathaṃ cana |
ajihmāmaśathāṃ śuddhāṃ jīved brāhmaṇajīvikām ||11||

 

He shall never follow the worldly way, for the sake of subsistence; he shall live the straightforward, sincere and pure life of the Brāhmaṇa. — (11)

 

Medhātithi’s commentary (manubhāṣya):

That is called the ‘worldly way’ which is followed by ordinary people wanting in moral strength; — such methods, for instance, as those of hypocrisy and flattery — (describing the man from whom something is to be gained as) ‘you are Viṣṇu, you are Brahmā! May you conquer and live long!’ and so forth, — and also of reciting pleasing and jocular stories.

‘For the sake of subsistence.’ — What is mentioned here should not be done for the purpose of making a living; there is no harm in its being done by way of politeness.

‘Straightforward.’ — The man whose exterior is different from the interior, is called ‘dishonest,’ ‘not straightforward;’ such a person.is of a jealous temperament and shows it to persons who speak disagreeable words to him.

‘Sincere.’ — That man is called ‘insincere,’ ‘hypocritical,’ who performs the Agnihotra, for obtaining popularity and thereby receiving presents and gifts, and not with a view to carrying out the scriptural injunctions regarding it.

Though ‘straightforwardness’ and the rest are qualities belonging to the soul, yet they are here figuratively attributed to the ‘Life.’

‘Straightforward, sincere and pure’ — The ‘purity’ here meant consists in its not being mixed up with the two methods of livelihood described above, and also in its being free from the aforesaid defects.

Though what was meant could be conveyed by means of only one of the three words, yet, in view of metrical exigencies, the author has made use of three words; such, use being analogous to such expressions as ‘go-balīvarda’ (where the go is the same as the balīvarda).

How can there be any such expression as ‘live the life of the Brāhmaṇa,’ ‘Brāhmaṇajīvikām jīvet, ‘when the root to live is intransitive? Why, too, should the same root (to live, jīva) be used twice (once in ‘jīvet’ and again in ‘jīvikām’)? Certainly, the relation of cause and effect is never found to be expressed by such expressions, as ‘gamanam gacchet,’ ‘should go the going.’”

Our answer is as follows: — The relation of cause and effect is based upon the relation of general and particular, and hence there is nothing incongruous in this. We have such usage in expressions like ‘aśvapoṣam puṣṭaḥ,’ ‘fattened like the fattening of the horse,’ Further, the root ‘jīva,’ ‘to live,’ also denotes the act of living as part of the act of acting up to the performance; and in this sense it is transitive also. So that there is nothing objectionable in the expression used; the term ‘jīvet,’ ‘should live,’ being explained as should act up to,’ for the sake of subsistence. — (11)

 

Comparative notes by various authors:

Mahābhārata (12.249.22). — ‘Not with any worldly motives shall he perform any acts or any religious duty.’

Yājñavalkya (1.123). — ‘He shall lead a straightforward and sincere life, in due accordance with his age, intelligence, wealth, dress, learning and occupation.’

 

 

VERSE 4.12

Section II - Means of Subsistence

 

सन्तोषं परमास्थाय सुखार्थी संयतो भवेत् ।
सन्तोषमूलं हि सुखं दुःखमूलं विपर्ययः ॥१२॥

santoṣaṃ paramāsthāya sukhārthī saṃyato bhavet |
santoṣamūlaṃ hi sukhaṃ duḥkhamūlaṃ viparyayaḥ ||12||

 

He who wants happiness should adopt perfect contentment and remain self-controlled. Happiness has its root in contentment, and its opposite is the root of unhappiness. — (12)

 

Medhātithi’s commentary (manubhāṣya):

With a view to laying stress upon the importance of the two means of living — ‘to collect grains for three days’ and ‘not to possess grains enough for the morrow,’ — the author adds this verse by way of reflection.

One should have recourse to contentment; that is, one should not make an effort to go about begging on a large scale, with a view to becoming dependent upon several persons.

‘He who wants happiness should remain self-controlled.’ — ‘Self-control’ consists in not wanting more wealth than what would suffice for bare subsistence.

‘Contentment’ is the root of happiness for all high-minded persons; and its opposite — i.e., Discontent — is the root of unhappiness; the non-accomplishment of what is desired being a source of great humiliation for the learned. For these reasons, one should have recourse to contentment. — (12)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 170), which remarks that in connection with all these ‘vratas’, it has to be borne in mind that what is exactly meant by the term ‘vrata’ is the mental determination that ‘I shall do this — I shall not do that’, — and that all these have to be taken up immediately after the Final Bath.

 

Comparative notes by various authors:

Yājñavalkya (1.129). — ‘He shall ever remain contented.’

 

 

VERSE 4.13 [The Observances of the Accomplished Student]

Section III - The Observances of the Accomplished Student

 

अतोऽन्यतमया वृत्त्या जीवंस्तु स्नातको द्विजः ।
स्वर्गायुष्ययशस्यानि व्रताणीमानि धारयेत् ॥१३॥

ato'nyatamayā vṛttyā jīvaṃstu snātako dvijaḥ |
svargāyuṣyayaśasyāni vratāṇīmāni dhārayet ||13||

 

The twice-born Accomplished Student, living by any one of these means of livelihood, should keep these (following) observances, which are conducive to heaven, longevity and fame. — (13)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘means of livelihood’ stands for the rule regarding subsistence. Hence, ‘by any one’ does not imply that the man’s life should be entirely dependent upon that one; because the rules do not say that he who has recourse to one living should not have recourse to another. It is for this reason,too, that the mail subsisting by a number of means of living, or the man who has inherited his father’s property (and hence does not stand in need of the modes of living just described), does not cease to be entitled to the keeping of the observances. If this were not so, then it would be absolutely necessary for the man to adopt only one mode of living.

‘These observances.’ — ‘Observance’ means mental determination, in the form — ‘such and such an act is enjoined by the scriptures, — I should do this — or I should not do that.’

‘Conducive to heaven, longevity and fame.’ — Some people have held that this mentions the results actually following from the keeping of the observances; and hence it is only persons desiring these results, that have to keep the observances.

This, however, is not right. As if this were so, then the observances would cease to be obligatory; and this would be incompatible with the term ‘nitya,’ ‘daily,’ ‘always,’ occurring in the next verse. Further, the Veda has indicated the obligatory character of these observances: — ‘By not keeping these, one becomes beset with sin,’ Further, if Heaven and the rest were construed as something desired, they could not attain the position of being qualifications of the persons entitled to the observances. — (13)

 

Comparative notes by various authors:

Mahābhārata (12.249.25-28). — ‘The man who carries on, without complaint, the functions of the householder, purifies ten ancestors and ten descendants.... For householders whose self is under control a place in heaven is effectively secured.’

 

 

VERSE 4.14

Section III - The Observances of the Accomplished Student

 

वेदोदितं स्वकं कर्म नित्यं कुर्यादतन्द्रितः ।
तद् हि कुर्वन् यथाशक्ति प्राप्नोति परमां गतिम् ॥१४॥

vedoditaṃ svakaṃ karma nityaṃ kuryādatandritaḥ |
tad hi kurvan yathāśakti prāpnoti paramāṃ gatim ||14||

 

He shall, without sloth, always perform his own duty as prescribed in the Veda. Performing that, to the best of his ability, he attains the highest state. — (14)

 

Medhātithi’s commentary (manubhāṣya):

‘Prescribed in the Veda.’ — This is said in view of the fact that the Smṛtis are all based upon the Veda.

‘His own duty.’ — Consisting of the host of observances going to be described. Being prescribed for him, they are called ‘his own.’

‘Should always perform.’ — i e., as long as he lives.

‘Without sloth’ — i.e., free from laziness.

By doing this — i.e., by keeping the observances, — ‘to the best of his ability;’ — this implies that one is to perform just what he has the strength to perform. It is in view of this that it has been declared that — ‘one may also observe all this mentally only.’

‘Highest state’ — i.e., attainment of Brahman. — (14)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 217), which adds the following notes: — ‘Nitya’ here stands for all that is done without any desire for personal gain’; — ‘paramā gatiḥ’ means ‘deliverance’; — what is meant is that what leads to Deliverance is the performance of duty along with the true knowledge of the Supreme Self.

The verse is quoted also in Parāśaramādhava (Ācāra, p. 52), — and in Vīramitrodaya (Paribhāṣā, p. 48).

 

Comparative notes by various authors:

Vaśiṣṭha (27.8). — [Reproduces Manu.]

 

 

VERSE 4.15

Section III - The Observances of the Accomplished Student

 

नैहेतार्थान् प्रसङ्गेन न विरुद्धेन कर्मणा ।
न विद्यमानेष्वर्थेषु नार्त्यामपि यतस्ततः ॥१५॥

naihetārthān prasaṅgena na viruddhena karmaṇā |
na vidyamāneṣvartheṣu nārtyāmapi yatastataḥ ||15||

 

He shall not seek wealth by clinging pursuits, or by contrary acts; nor when wealth is already there; nor from here and there, even in times of distress. — (15)

 

Medhātithi’s commentary (manubhāṣya):

‘Clinging pursuits’ are those to which people become addicted; just as singing and music; to these passionate persons cling, as it were. Hence one shall not ‘seek’ — i.e., earn wealth by means of singing and music.

‘Contrary act’ — i.e., that which is forbidden by the scriptures, or iś not in accordance with the usages of one’s family.

‘Nor when wealth’ — enough for subsistence — ‘is already there’ — having been inherited from father and others; — one shall not seek for more,

‘Even in times of distress, not from here and there.’ — As a rule, one should subsist on presents received from proper persons; but, in rare cases, the scripture shall permit a contrary course also, in times of distress. — (15)

 

Explanatory notes by Ganganath Jha:

‘Prasaṅgena’ — ‘Music, singing and such other things to which man becomes addicted’ (Medhātithi, Govindarāja, Kullūka Rāghavānanda and Nandana); — ‘with too great eagerness’ (Nārāyaṇa).

This verse is quoted in Hemādri (Dāna, p. 59).

 

Comparative notes by various authors:

Yājñavalkya (1.129). — ‘He shall not seek for such wealth as may be incompatible with Vedic Study; nor from here and there; nor by recourse to what is improper; and he shall remain ever contented.’

Gautama (9.49). — ‘Among Dharma, Artha and Kāma, he shall attach the greatest importance to Dharma.’

 

 

VERSE 4.16

Section III - The Observances of the Accomplished Student

 

इन्द्रियार्थेषु सर्वेषु न प्रसज्येत कामतः ।
अतिप्रसक्तिं चैतेषां मनसा संनिवर्तयेत् ॥१६॥

indriyārtheṣu sarveṣu na prasajyeta kāmataḥ |
atiprasaktiṃ caiteṣāṃ manasā saṃnivartayet ||16||

 

He shall not, through desires, become addicted to any sensual objects; excessive addiction to these, he shall avoid by mental reflection. — (10)

 

Medhātithi’s commentary (manubhāṣya):

‘Sensual objects.’ — Objects of sense, colour, taste, and the rest; — ‘to these he shall not become addicted,’ — i.e., he shall not attend to them too much. Lovely young girls, sounds of flute and music, sweet taste, perfumes of camphor and other things, loving touch, — all these one shall not enjoy over much.

‘Through desire’ — i.e., by reason of the predominating influence of desire.

In regard to all these, one should keep one’s own enjoyment under proper check; just in the same manner as one keeps one’s desire for wealth under check, by. restricting one’s earning? only to what one gets without begging.

‘Excessive addiction to these.’ — This points out the method of restraining one’s desires. Attachment to objects cannot be checked by the mind; it can be checked by reflecting upon them as inimical to one’s best interests. At first, one should not seek to obtain them; and when they do come to one, and one has enjoyed them once, one should reflect upon the following facts relating to them: — These are such that in a moment they cease to be agreeable, — they are transient, — they are forbidden by the scriptures, — attachment to them leads to hell, and so forth. This is what has been already said under 2.96 above. — (16)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 217); — and in Prāyaścittaviveka (p. 10).

 

Comparative notes by various authors:

Gautama (9.50). — ‘He shall not give much scope to the sexual organs, the stomach, the hand, the feet, the speech and the eye.’

Āpastamba (2.5). — ‘By controlling the activities of the mind, the speech, the breath, the eye, the ear, the tactile organ, the sexual organ, — he attains immortality.’

Baudhāyana (2.2.1). — ‘Always using water, always wearing the sacred thread, daily studying the Veda, avoiding the Śūdra’s food, approaching his wife only during the season, offering oblations according to rule, — the Brāhmaṇa falls not from the region of Brahman.’

Yājñavalkya (1.122). — ‘......Control of the senses......these are conducive to the accomplishment of Dharma, for all men.’

 

 

VERSE 4.17

Section III - The Observances of the Accomplished Student

 

सर्वान् परित्यजेदर्थान् स्वाध्यायस्य विरोधिनः ।
यथा तथाऽध्यापयंस्तु सा ह्यस्य कृतकृत्यता ॥१७॥

sarvān parityajedarthān svādhyāyasya virodhinaḥ |
yathā tathā'dhyāpayaṃstu sā hyasya kṛtakṛtyatā ||17||

 

He shall relinquish all things impeding study, maintaining himself somehow. This is what constitutes the accomplish ment of his aims. — (17)

 

Medhātithi’s commentary (manubhāṣya):

Those things that are likely to obstruct Vedic study should all be relinquished; such acts, for instance, as attending upon the palaces of kings and ministers; as also the act of being overmuch addicted to worldly Affairs, constantly thinking of earning more and more wealth by means of money-lending and such other means, and thereby maintaining his family, and obtaining a prosperous household teeming with male and female slaves.

‘This constitutes the accomplishment of his aims’ — i.e., of the Accomplished Student. The fact that, carrying on his daily study of the Veda, he maintains his family by some means or other, constitutes his highest success in life, — (17)

 

Comparative notes by various authors:

Viṣṇu (71.4). — ‘He shall not do any act that may obstruct Vedic Study.’

Yājñavalkya (1.121). — [See under 15.]

 

 

VERSE 4.18

Section III - The Observances of the Accomplished Student

 

वयसः कर्मणोऽर्थस्य श्रुतस्याभिजनस्य च ।
वेषवाग्बुद्धिसारूप्यमाचरन् विचरेदिह ॥१८॥

vayasaḥ karmaṇo'rthasya śrutasyābhijanasya ca |
veṣavāgbuddhisārūpyamācaran vicarediha ||18||

 

He should wander about in this world, keeping his dress, speech and thoughts in conformity with his age, occupation, wealth, learning and family. — (18)

 

Medhātithi’s commentary (manubhāṣya):

‘Vayasaḥ,’ ‘with age,’ — the genitive ending denotes relationship to‘conformity.’

‘Veṣavāgbuddhi.’ — this is a copulative compound.

‘Sārūpyam.’ — the affix ‘ṣyan’ has the reflexive force.

Thus the meaning comes to be as follows: —

Dress and the rest should be kept in due conformity with age and other things.

‘Sārūpya,’ means here conformity, compatibility; any other kind of ‘Sārūpya,’ ‘similarity,’ — such as that of figure and the like — being impossible in this case.

‘Dress’ stands for the disposition of the hair, of ornaments, and so forth. Fop instance, during boy-hood, hair is to be worn in tufts; during youth, it shall be worn in curls and such other shapes; while in old age it shall be either worn clotted, or shall be clean shaven.

‘Speech’ also should be in conformity with age. Similarly, ‘thoughts’ also; that is, during early life the man should think of the triad (of wealth, pleasure and religious merit); but as he grows old, his thoughts should rest mainly on Religious Merit.

Dress should also be in conformity with one’s occupation, as also with one’s wealth; it should be in conformity with one’s family also. So that such things as painting of the teeth and dressing of the hair, etc., even though otherwise flagrant, cease to be so when they are in keeping with one’s occupation etc.

It has been said that the present verse deals with ordinary worldly activity. That is to say, it does not lay down an Injunction; — the injunctive portion of it having been already got out from other sources. All that the verse does is to describe the ordinary usage of the world; the sense being that if one behaves in accordance with this, one follows the ways of the world, and hence does not become unpopular among men. — (18)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Paribhāṣā, p. 36); — and in Saṃskāramayūkha (p. 71).

 

Comparative notes by various authors:

Viṣṇu (1.5-6). — ‘He shall dress in accordance with his age; — also in conformity with his learning, his family, his circumstances and his country.’

Yājñavalkya (1.123). — ‘He shall behave in a straightforward and sincere manner, in conformity with his age, intelligence, wealth, speech, dress, learning, family and duties.’

 

 

VERSE 4.19

Section III - The Observances of the Accomplished Student

 

बुद्धिवृद्धिकराण्याशु धन्यानि च हितानि च ।
नित्यं शास्त्राण्यवेक्षेत निगमांश्चैव वैदिकान् ॥१९॥

buddhivṛddhikarāṇyāśu dhanyāni ca hitāni ca |
nityaṃ śāstrāṇyavekṣeta nigamāṃścaiva vaidikān ||19||

 

He shall always pore over such treatises as quickly enliven the intelligence, are conducive to wealth and are beneficial, — as also over the Vedic Scriptures. — (19)

 

Medhātithi’s commentary (manubhāṣya):

‘As enliven the intelligence,’ — e.g., Itihāsas, Purāṇas, Treatises on the Science of Reasoning, and also those written by Bṛhaspati, Uśanas and others.

‘Beneficial’ — productive of benefit; i.e., leading to perceptible desirable results; such for instance, as the Sciences of Medicine and Astronomy; — the Science of Polity being mentioned separately (under those ‘conducive to wealth’).

‘Vedic Scriptures.’ — This term stands here for those sciences that are helpful in understanding the meaning of the Veda; such sciences for instance, as those of Exegesis. Etymologies, Grammar and Interpretation,

If the term stood for the Vedic texts themselves, these would be conducive to imperceptible (and not perceptible) results. — (19).

 

Explanatory notes by Ganganath Jha:

‘Nigamas’ — According to Medhātithi, the term Nigamas does not mean the Aṅgas, as stated by Buhler, — but it includes Nigama — Nirukta — Vyākaraṇa — Mīmāṃsā; — Kullūka explains the term as ‘works, called Nigama, explanatory of the meaning of the Veda’

This verse is quoted in Aparārka (p. 127), which explains ‘Nigamān’ as ‘the Nighaṇṭu and other works that help in ascertaining the meanings of words’; — in Vīramitrodaya (Saṃskāra, p. 509) as laying down what should be studied; — in Vīramitrodaya (Āhnika, p. 155), which explains ‘buddhivṛddhikarāṇi’ as ‘Tarka, Mīmāṃsā and the rest,’ — dhanyāni’ as ‘the Arthaśāstras, which are conducive to the acquisition of wealth,’ — ‘hitāni’ as ‘the Ayurveda and so forth,’ — and ‘nigamāḥ’ as ‘the Nighaṇṭu and other works that help in the understanding of the meanings of words’; — in Saṃskāramayūkha (p. 71); — and in Smṛticandrikā (p. 132).

 

Comparative notes by various authors:

(verses 4.19-20)

Kūrmapurāṇa (Parāśaramādhava, p. 246). — ‘One shall teach the Veda, the Purāṇas and the subsidiary sciences to the person who is equipped with character, is of strong mind and is free from hypocrisy.’

Dakṣa (Parāśaramādhava, p. 34). — ‘The getting-up of the Veda, the pondering over it, its continuous study, Japa, and imparting it to pupils, — thus fivefold is Vedic Study.’

Dakṣa (p. 71). — ‘For these reasons, one shall continuously study the Veda.’

Yājñavalkya (1.99). — ‘He should acquire a knowledge of the meaning of the Veda and also the various sciences.’

Āpastamba (Vīramitrodaya-Āhnika, p. 154). — ‘If there is any science in which he does not shine, that he should acquire by going to the teacher again.’

Āpastamba (Vīramitrodaya-Āhnika, p. 154). — ‘Śvetaketu has declared that even after settling down in the house, the man shall reside for two months in the year with the Teacher, seeking for further knowledge. This however is forbidden by the scriptures.’

 

 

VERSE 4.20

Section III - The Observances of the Accomplished Student

 

यथा यथा हि पुरुषः शास्त्रं समधिगच्छति ।
तथा तथा विजानाति विज्ञानं चास्य रोचते ॥२०॥

yathā yathā hi puruṣaḥ śāstraṃ samadhigacchati |
tathā tathā vijānāti vijñānaṃ cāsya rocate ||20||

 

For, as the man goes on studying a science, so does he go on understanding, and then his knowledge shines forth. — (20)

 

Medhātithi’s commentary (manubhāṣya):

‘Study’ here stands for application, repeated muling.

‘Under stands’ — i.e., when one studies a treatise repeatedly, one comes to comprehend fully what is contained in it.

‘Then his knowledge shines forth’; — i.e., becomes bright. This verse states the reason for the foregoing verse.

The root ‘ruc’ governs the Dative only when it is used in the sense of ‘longing for;’ and, as it does not convey that meaning here, we do not have the Dative. — (20)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 155), which explains ‘rocate’ as ‘becomes bright.’

 

Comparative notes by various authors:

(verses 4.19-20)

See Comparative notes for Verse 4.19.

 

 

VERSE 4.21 [The ‘Five Sacrifices’]

Section IV - The ‘Five Sacrifices’

 

ऋषियज्ञं देवयज्ञं भूतयज्ञं च सर्वदा ।
नृयज्ञं पितृयज्ञं च यथाशक्ति न हापयेत् ॥२१॥

ṛṣiyajñaṃ devayajñaṃ bhūtayajñaṃ ca sarvadā |
nṛyajñaṃ pitṛyajñaṃ ca yathāśakti na hāpayet ||21||

 

To the rest of his power, he shall never omit the sacrifice to the sages, the sacrifice to the gods, the sacrifice to elementals, the sacrifice to men and the sacrifice to the Pitṛs. — (21)

 

Medhātithi’s commentary (manubhāṣya):

The sacrifices prescribed in Discourse IV are reiterated here for the purpose of laying down details in connection with them; these details shall be described in the next verse.

Others think that the reiteration of these sacrifices under the ‘observances’ is for the purpose of establishing their obligatory character; so that the man shall form the determination that ‘so long as I continue to be a householder, I shall not omit the Five Great Sacrifices.’

In any case, we should not entertain the idea that these have been mentioned twice for the purpose of enjoining them twice over. Because, in the present verse, we do not find any injunctive word; all that is said is that ‘he shall not omit;’ and, as a matter of fact, this ‘non-omission’ is already implied by the obligatory character of the sacrifices. And since we recognise in these sacrifices the same that have been enjoined, before, there is no reason why they should be regarded as distinct acts.

‘To the beet of his power’ — i.e., with cooked food, or with uncooked food, or with fruits and roots. — (21)

 

Comparative notes by various authors:

Gautama (5.3). — ‘He shall be the worshipper of Gods, Pitṛs, Men, Sages and Elementals.’

Viṣṇu (59.20). — ‘For the expiation of that sin, he shall perform the sacrifices to Brahman (Veda), Gods, Elementals, Pitṛs and Men.’

Baudhāyana (2. 6.1). — ‘These are the five great sacrifices, these the five great Sattras — the sacrifice to Gods, the sacrifice to Pitṛs, the sacrifice to Elementals, the sacrifice to Men and the sacrifice to Brahman (Veda).’

Mahābhārata (12. 241. 15). — ‘Living upon remnants, he shall constantly perform the five sacrifices.’

 

 

VERSE 4.22

Section IV - The ‘Five Sacrifices’

 

एतानेके महायज्ञान् यज्ञशास्त्रविदो जनाः ।
अनीहमानाः सततमिन्द्रियेष्वेव जुह्वति ॥२२॥

etāneke mahāyajñān yajñaśāstravido janāḥ |
anīhamānāḥ satatamindriyeṣveva juhvati ||22||

 

Some persons, conversant with the ordinances relating to sacrifices, who do not cherish ant desires, regularly offer these great sacrifices into the sense-organs. — (22)

 

Medhātithi’s commentary (manubhāṣya):

‘Some persons’ — Householders — ‘Conversant with the ordinances relating to sacrifices, offer these great sacrifices into the sense-organs;’ i.e., they accomplish their performance in this manner.

Who are these people?

‘Those who do not cherish any desires;’ — i.e., those who have no desire for acquiring wealth, who have renounced the Vedic rituals.

Some people regard this verse as enjoining what is to be done by the person living on ‘pickings and gleanings,’ as also by the lame and the maimed,- That such persons also may marry wives is going to be declared later on in 9-20. Such persons are not entitled to the regular performance of the Five Sacrifices; for the simple reason that they can never possess wealth sufficient for the performance of the sacrifices; since they are to earn only enough for subsistence, and not any more than that, which could be used in the performance of sacrifices.

The root ‘hu’ (in ‘juhvati,’ ‘offer,’) indicates the act of doing in general. For the ‘sacrifice,’ which is a particular act, can never be the object of ‘homa,’ which is another act; there can be no such expression as ‘cooks the cooking;’ we have such expressions as ‘does the cooking,’ ‘does the sacrifice.’ It is only when verbs stand in need of objects in general that they get, for their auxiliaries, substances and their operations; e.g., we have such expressions as ‘desires to eat,’ ‘he is able to eat,’ ‘know to eat;’ and the particular (the part) is often found to be used as indicative of the general (the whole), when, for instance, one speaks of ‘the ox’ as to be examined ‘by its foot.’

Some people explain the ‘offering into the sense-organs’ to mean their restraining.

Others, again, have explained it to mean what has been described in the Upaniṣad (Chāndogya), where it is said that the first mouthful that one eats in the morning and in the evening, should be put into the mouth as an ‘oblation,’ with the formula ‘prāṇāya svāhā,’ and so forth.

Others, again, explain that the ‘offering’ here spoken of is the same as what is enjoined in the next verse as a form of ‘worship;’ and it is thus that the two verses become construed together.

“But, in the next verse, the life-breath is laid down as to be offered into speech, and not into the sense-organ (as in the present verse).”

There is no force in the objection. The mention of the ‘sense-organs’ simply indicates the spiritual character of the offering; what is meant is that this offering does not require any external accessories. — (22)

 

Comparative notes by various authors:

Baudhāyana (2.7.1). — ‘Now we arc going to describe the offerings to the Prāṇas, to be made by the Śālīna, the Yāyāvara and the Ātmayājin.’

 

 

VERSE 4.23

Section IV - The ‘Five Sacrifices’

 

वाच्येके जुह्वति प्राणं प्राणे वाचं च सर्वदा ।
वाचि प्राणे च पश्यन्तो यज्ञनिर्वृत्तिमक्षयाम् ॥२३॥

vācyeke juhvati prāṇaṃ prāṇe vācaṃ ca sarvadā |
vāci prāṇe ca paśyanto yajñanirvṛttimakṣayām ||23||

 

Some people constantly offer their life-breath into speech, and their speech into the life-breath, — knowing that in speech and in life-breath rests the imperishable fulfilment of sacrifices. — (23)

 

Medhātithi’s commentary (manubhāṣya):

Whenever a man breathes, he should think — ‘I am offering speech into Life-breath;’ and when he speaks, he should think — ‘I am offering Life-breath into Speech.’ By this alone the Five Sacrifices become accomplished.

“If these are obligatory, they should not be spoken of as leading to any results.”

As a matter of fact, only such persons are entitled to this form of sacrifice as are cognisant of the real nature of the Soul.

This same fact has been laid down in the Upṇniṣads, in connection with ‘the worship of the Five Fires,’ and in great detail in the Kauṣitaki Brāhmaṇa.

‘Imperishable’ — in their results; their results consisting in non-return to the cycle of birth and rebirth. — (23)

 

Comparative notes by various authors:

(verses 4.23-24)

Kauṣītaki-Brāhmaṇa. — ‘While the man breathes, he does not speak; at that time he offers speech unto breath; while he speaks, he does not breathe; then ho offers breath unto speech; these two arc the endless oblations, offered during sleep as also during waking hours; — other oblations are an end; those that consist of acts. In this manner have the Ancient Sages offered the Agnihotra-oblations.’

Mahābhārata (Bhagavadgītā, 6.25-333). — ‘The Yogins have recourse to a different sacrifice, the Daiva sacrifice; other Yogins have recourse to another sacrifice offered into the fire of Brahman. Others again offer the auditory and other organs into the fire of Restraint; others offer sound and the other objects into the fire of the sense-organs. Others offer all sense-functions and breath-functions into the fire of the Yoga of self-restraint, enkindled by wisdom. Sages fixed in their observances offer the sacrifice of substances, the sacrifice of austerities, the sacrifice of Yoga, the sacrifice of Vedic Study and the sacrifice of Knowledge. They offer the Prāṇa unto the Apāṇa, and the Apāṇa unto Prāṇa; and restraining the function of Prāṇa and Apāṇa, devoted to breath-control, restrained in their food, they offer Prāṇa unto the Prāṇas. All these are persons well-versed in sacrifices and have their sins destroyed by sacrifices. O Suppressor of enemies, the sacrifice of knowledge is superior to the sacrifice of substances; all action, O Pārtha, culminates in knowledge.’

 

 

VERSE 4.24

Section IV - The ‘Five Sacrifices’

 

ज्ञानेनैवापरे विप्रा यजन्त्येतैर्मखैः सदा ।
ज्ञानमूलां क्रियामेषां पश्यन्तो ज्ञानचक्षुषा ॥२४॥

jñānenaivāpare viprā yajantyetairmakhaiḥ sadā |
jñānamūlāṃ kriyāmeṣāṃ paśyanto jñānacakṣuṣā ||24||

 

Other Brāhmaṇas, looking, with the eye of knowledge, upon this act as having its root in knowledge, always sacrifice with these sacrifices, by means of knowledge. — (24)

 

Medhātithi’s commentary (manubhāṣya):

‘By these sacrifices,’ — by the Five great sacrifices under treatment — ‘they sacrifice,’ — i.e., accomplish their duty in relation to them. It is in this sense that there is difference in the denotations of the two terms, ‘sacrifice’ and ‘sacrifices,’ — between which the text speaks of the relation of cause and effect; just as we have in the expression, ‘he who sacrifices with the Agniṣṭoma sacrifice.’

Question: — “ How can the sacrifice be accomplished by means of knowledge? Sacrifice consists in the act of offering a certain material for the benefit of a deity; and certainly knowledge is not of the nature of such au act.”

Our answer is as follows s — By the term ‘sacrifice’ in the present verse what is meant is the accomplishment of the act of sacrificing.

“If such accomplishment were brought about by knowledge alone, for what purpose would there be the performance of the act itself? The performance of an act cannot be entirely objectless. If your idea be that — ‘since the Veda speaks of the reward of an act accruing also to the man having knowledge of it, there is no need of the actual performance at all,’ — this cannot be right; as the passage referred to is only a commendatory description subserving the purposes of some other passage.”

To this we make the following reply: — We have already pointed out that the persons entitled to the performance of the sacrifices in question are those that have realised the true nature of the Soul and are entirely free from desires. And it is these persons that are spoken of as ‘possessing knowledge,’ and not those who have the knowledge of the act. What the present text means is that such persons, having given up the Veda, but continuing in the house, should accomplish the great sacrifices in this manner. That is to say, it is only by means of knowledge of the Soul that such persons can accomplish such sacrifices as can be performed only with the help of wealth (which these men have renounced); but, as regards the two duties of Teaching and offering water-libations, it is going to be declared in Discourse VI, that these can be accomplished only by the actual performance of the acts (and not by knowledge of the Soul).

The text adds a commendatory declaration, by way of pointing out the reason for what has been said above.

‘Having its root in Knowledge,’ — i.e., that act which has its root in Knowledge. Knowledge stands at the root of all acts; an ignorant person cannot perform any act at all. This is what has been said in such passages — as — ‘the learned man sacrifices.’

‘Looking with the eye of Knowledge.’ — The Knowledge being as if it were the Eye; just as colour is perceived bymeans of the eye, so is the matter known by means of knowledge.

‘Knowledge’ here does not stand for the Veda alone — (24).

 

Comparative notes by various authors:

(verses 4.23-24)

See Comparative notes for Verse 4.23.

 

 

VERSE 4.25 [The Agnihotra and the Darśa-Pūrṇamāsa]

Section V - The Agnihotra and the Darśa-Pūrṇamāsa

 

अग्निहोत्रं च जुहुयादाद्यन्ते द्युनिशोः सदा ।
दर्शेन चार्धमासान्ते पौर्णमासेन चैव हि ॥२५॥

agnihotraṃ ca juhuyādādyante dyuniśoḥ sadā |
darśena cārdhamāsānte paurṇamāsena caiva hi ||25||

 

He shall always offer the Agnihotra, either at the beginning, or, at the end, of day and night, as also the “Darśa” and the “Paurṇamāsa” at the end of each half-month. — (25).

 

Medhātithi’s commentary (manubhāṣya):

The terms ‘agnihotra’ and the rest are found used in the Veda and in the Gṛhyasūtra texts, in the sense of particular rites; and these rites, along with their procedure, are prescribed in these texts. And it is to these rites that the present verse makes a reference; it does not contain the original injunction of the rites; specially, as it speaks of their form only; i.e, all that the present verse mentions is the necessity of performing the act of offering only, — and it does not mention either the material to be offered, or the deity to whom it is to be offered. And yet the names ‘Agnihotra’ and the rest, stand in need of the mention of detailed particulars; hence it follows that what is implied is that the detailed particulars of these rites are to be learnt from other treatises.

“If that be so, then, since the necessity of performing the rites also could be learnt from those same treatises, there is no use for the present text at all.”

The use of the present text lies in adjusting the necessity of performing these acts, in the case of persons who have renounced Vedic rituals, with the form of worship laid down in the present context; the sense being that just as, according to what has been said regarding some people offering ‘the life-breath into speech,’ and so forth, the Five Great Sacrifices are performed by such men, by means of Knowledge alone, — so are the sacrificial rites mentioned in the present verse also. Then again, what sort of objection is this that you urge, when you ask — ‘Why should there he a repeated mention?’ As a matter of fact, in the case of the Vedic and Smṛti texts, it is found that what is said in one part of it is said again in another part; and all this would be open to objection (according to you). Lastly, we have already provided the general answer to such objections; — viz., that since the persons meant to be enlightened are many, the texts cannot be regarded as needless repetitions at all. Just as, by reason of the perceiv-ers being many, there are many organs of perception, and all men cannot see with one eye only, and there is need of several such organs, — so also is the case with the diverse Vedic and Smṛti texts.

The question might be raised — “Why should the mere name of the rites be mentioned?”

There is nothing objectionable in this also. Since the procedures as laid down in the several Vedic texts are divergent, which particular procedure could the verse mention? If it were to mention all, there would be prolexity; and if it were to mention any one only, this would involve the abandoning of the others.

“Even so, the omission is open to objection.”

But we have already pointed out that the present verse contains only a reference, and not an Injunction. It is only an Injunction, against which the objection can be urged that — ‘the act being already enjoined elsewhere, why should it be enjoined again?’

‘At the beginning and end of dag and night;’ — this is not meant to be construed respectively. What is meant is — ‘at the beginning of day and beginning of night,’ and ‘at the end of day and end of night;’ and by this, morning and evening are meant. For those who follow the practice of making the offerings after sunrise, the offering shall be made ‘at the beginning of day;’ while for those who follow the practice of making the offerings before sunrise, it shall be made ‘at the end of night.’

The term ‘dyu’ here is synonymous with ‘Divasa,’ ‘day.’

‘Always,’ — i.e., throughout one’s life, one should offer these morning and evening libations.

In connection with ‘darśena,’ it is necessary to supply the root ‘yajeta’; as the original injunction of the Darśa-sacrifice does not contain the verb, ‘juhuyāt,’ — the injunction being in the form ‘darśena yajeta;’ and the prfesent verse makes only a reiterative reference to what is prescribed in that injunction; and thus (it being impossible to construe ‘darśena’ with the verb ‘juhuyāt’ in the verse) it becomes necessary to supply the verb ‘yajeta.’ For this same reason, though the text does not make any specification, the phrase, ‘at the end of half-month’ should be understood to mean that the Darśa is to be performed at the end of the darker fortnight, and the Paurṇamāsa (Pūrṇamāsa) at the end of the brighter fortnight. Says the Śruti — ‘One should perform the Darśa sacrifice on the Moonless Day and the Paurṇamāsa on the Full Moon Day.’ — (25)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 217), which makes the following observations: — The ‘ends of night and day’ being laid down as the times fit for the making of the two Agnihotra offerings, — the points of time really meant are also those immediately preceding and following the said ‘ends’; it is on this understanding that the evening-offering is commenced in the afternoon and finished after the evening; and for those who adopt the alternative of making the offering ‘after sunrise,’ it is done after the sun has actually risen, (which would naturally be after the end of the night). Similarly as the exact point of time denoted by the term ‘Darśa’ would be too minute for any act, it stands for such length of time as may be necessary for the entire offering. Then follows a long disquisition regarding ‘Paurṇamāsa’ and ‘Amāvasyā’

 

Comparative notes by various authors:

Yājñavalkya (1.124). — ‘That Brāhmaṇa who may have grains enough for three years shall drink Soma; and he who has enough for the year shall perform the rites previous to the Soma.’

Viṣṇu (59. 2-4). — ‘The Agnihotra in the morning and in the evening; — oblations should be poured to the gods; — one shall offer sacrifices on the moonless and full-moon days, by reason of the proximity and remoteness of the moon and the sun.’

 

 

VERSE 4.26 [The Harvest-Sacrifice]

Section VI - The Harvest-Sacrifice

 

सस्यान्ते नवसस्येष्ट्या तथार्तुअन्ते (तथार्त्वन्ते?) द्विजोऽध्वरैः ।
पशुना त्वयनस्यादौ समान्ते सौमिकैर्मखैः ॥२६॥

sasyānte navasasyeṣṭyā tathārtuante (tathārtvante?) dvijo'dhvaraiḥ |
paśunā tvayanasyādau samānte saumikairmakhaiḥ ||26||

 

At the end of the grains, the Brāhmaṇa shall perform the “New-Harvest sacrifice;” at the end of the seasons, the “Adhvara-sacrifices;” at the end of the solstices the “Animal-sacrifice;” and at the end of the year the “Soma-sacrifices.” — (26)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘sasya,’ ‘grains,’ stands for the Vrīhi and other grains; — ‘end’ means exhaustion. The meaning is that when the previous supply of grains has become exhausted, he shall perform the ‘New-Harvest Sacrifice,’ i.e., the Āgrayaṇa sacrifice.

This does not mean that either the exhaustion of the previous supply of grain, or the coming in of the new harvest, is the reason or occasion for the performance of the Āgrayaṇeṣṭi; what is meant is that the eating of new grain is prohibited, until one has performed the Āgrayaṇeṣṭi. This is what has been said in the following text — ‘Without having offered the sacrifice, one should not eat new grain.’ On these grounds, some people explain the verse to mean that ‘since one cannot eat new grains without having performed the Āgrayaṇa sacrifice, one shall perform this sacrifice.’

But, according to this explanation, it would mean that — if there has been no previous grain-supply, or, if there is no fresh grain-supply, or, if one has no desire to eat new grains, it would not he necessary to perform the Āgrayaṇa sacrifice. If the ‘end of previous supply’ be taken to be indicative of the coming in of the new supply [and there were nothing to prohibit the eating of new grains before performing the sacrifice], then it becomes possible to eat the new grain without having performed the sacrifice.

For these reasons, we conclude that here we have two declarations — (a) ‘he shall not eat without having performed the sacrifice’ (next verse) and (b) ‘at the end of the grains, &c.’ (present verse). The ‘end of grains’ is meant to stand for the coining of the new grain; since the coming in is certain, and as such can serve as the occasion for the sacrifice. The ‘end’ or ‘exhaustion’ (of the former supply), on the other hand, is uncertain; since, in the case of rich men, there are supplies that may last for three years. It is for these reasons that the author of the Sūtra has declared —

‘Without having performed the Agnihotra, one shall not eat out of the harvest,’ and ‘When one is satisfied for the year, one shall perform the Āgrayaṇa,’ — and, further, ‘The new-grain sacrifice is to be doue in the autumn this last laying down the time for the sacrifice. So that the man, for whom there is no ‘end of the former supply,’ will observe the rule regarding autumn being the time for the sacrifice; which will not be done by another person (for whom there is ‘end of former supply’). In this way, both the declarations are found to have their use. If this were not the meaning, then the author would have said simply — ‘On the coming of the new harvest, he shall perforin the New-Harvest Sacrifice.’ Since, however, the author says — ‘without having performed the New-Harvest Sacrifice, one shall not eat of the new grains,’ it follows that even when the new harvest has come iu, if the man happen to have old corn left, he may wait-till the autumn (for the performance of the sacrifice); and, since the coming in of the new harvest forms the occasion for the sacrifice, the performance of the Āgrayaṇa is obligatory, even when the man has no desire to eat new grains.

‘At the end of the seasons’ — According to the theory that ‘the season constitutes the year,’ what this portion of the text lays down is the performance of the Cāturmāsya sacrifices; in fact, it is these sacrifices that are referred to by the term ‘adhvara,’

‘End of the solstices’ means ‘beginning of the two solstices’; — the two solstices being the ‘northern’ and the ‘southern.’ At these, one shall perform the ‘Animal-Sacrifice,’ twice during the year. The author of the Sutra has said — ‘This sacrifice is either six monthly or yearly.’

‘At the end of the year.’ — The term ‘samā’ is synonymous with ‘year;’ and the ‘end’ of this is the śiśira, the later winter season. The present verse does not mean that the Soma-sacrifice shall be performed during the winter; what is meant is that — ‘when the winter has passed and the spring has arrived, the Soma-sacrifice shall be performed.’ Says the Śruti — ‘At each spring-season, one shall perform the Jyotiṣṭoma sacrifice.’

What the whole text means is that these constitute the obligatory rites, and, as such, shall be performed, somehow or the other, by even those who have renounced Vedic rituals. — (26).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 217).

 

Comparative notes by various authors:

Viṣṇu (59.5-9). — ‘At each solstice, with the Paśuyāga; — during the autumn and the summer, with the Āgrayaṇa sacrifice; — also on the ripening of the Vrīhi and the Yava; — he who possesses grains more than what would be needed for three years, — each year, with Soma-sacrifice.’

Vaśiṣṭha (11.41). — ‘The Brāhmaṇa must necessarily lay the Fires; — he shall perform the sacrifices of Darśa-Pūrṇamāsa, Āgrayaṇeṣṭi, Cāturmāsya, Paśu and Soma.’

Yājñavalkya (1.126). — ‘Each year, the Soma, — at each solstice the Paśu, — and the Āgrayaṇeṣṭi and the Cāturmāsya also shall be performed.’

 

 

VERSE 4.27

Section VI - The Harvest-Sacrifice

 

नानिष्ट्वा नवसस्येष्ट्या पशुना चाग्निमान् द्विजः ।
नवान्नमद्यात्मांसं वा दीर्घमायुर्जिजीविषुः ॥२७॥

nāniṣṭvā navasasyeṣṭyā paśunā cāgnimān dvijaḥ |
navānnamadyātmāṃsaṃ vā dīrghamāyurjijīviṣuḥ ||27||

 

Without having performed the New-Harvest sacrifice, and the animal Sacrifice, the Brāhmaṇa, who has set up the fire, shall not eat new grain or meat, — if he desires to live a long life. — (27)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘Agnimān’ must stand here for one who has set up the Fire; because ‘observances’ form the subject matter of the context; and it is in connection with the Agnihotra-homa that we have ‘observances’ laid down in the Yajur-veda.

Without having performed the Animal Sacrifice, he shall not eat meat, nor shall be eat new grain without having performed the New-Harvest Sacrifice.

The text next describes the reward accruing from the observing of this rule — ‘if he desires to live a long life.’ The term, ‘āyu,’ ‘life,’ denotes the function of the out-and-in-breathings operating continuously. Even though the verb, to live,’ is intransitive, yet we have the accusative ending, in view of the action of ‘desiring,’ — this act of desiring being expressed by the verb (‘to live) as ending in the desiderative affix ‘san.’ Though, as a matter of fact, the object of the act of ‘desiring’ is what is denoted by the root to which the desiderative is affixed (i.e., living), and not anything outside the desiderative term itself, — and the desire is subordinate to what is desired, — yet there need be nothing incongruous in the suggested construction, in view of the dictum that ‘the basic term and the affix jointly denote what is expressed by the affix’; so that the accusative ending may be attributed to what is expressed by the desiderative word as a whole. According to this view also, the term ‘āyti’ ‘life,’ would he indicative of a period of time, the meaning being ‘if he desires a life lasting for a long time.’ So that the accusative would he due to the dictum that ‘in the case of intransitive verbs, the time-period may be regarded as an object.’

This rule, relating to the man with the Fire performing the Animal Sacrifice, applies to the case of the Āgrayaṇa sacrifice also. Because the Gṛhya texts have prescribed the Āgrayaṇa as an obligatory rite for one who has only the domestic fire.

As for the rule that ‘the New-Harvest Sacrifice is to be performed in the autumn,’ this refers to the Vrīhi and the Śyāmāka grains, not to the Yava. Nor is it necessary to perform the Harvest-Sacrifice at each and every harvest; nor is it performed with such grains as the Māṣa, the Mudga, and the like. That all this is so follows from the fact that the present text is dependent upon other scriptural injunctions, and it is not itself a self-sufficient injunction, as we have already explained. And in other scriptural injunctions it has been laid down that the Āgrayaṇeṣṭi is to be performed with the Vrīhi, the Śyāmāka and the Yam.

Though this is so, yet other. grains also should not be eaten, until the Āgrayaṇeṣṭi has been performed; since it has been stated in general terms that ‘he shall eat no new grains and if the author had meant to prohibit the eating of only those grains with which the Āgrayaṇeṣṭi is performed, then he should have said — ‘He shall not eat the Vrīhi, the Śyāmāka and the Yava, until he has made the offering;’ while what the author of the Sūtra has said is — ‘The Āgrayaṇa is to be performed with the Vrīhi, the Śyāmāka and the Vara; one shall eat no new grains until one has made the offering;’ so that the term ‘grain’ cannot stand for any particular grains only. — (27).

 

Comparative notes by various authors:

Gobhila-Smṛti (3.94). — ‘The man who eats new grains without having offered it in sacrifice, for him the expiation consists in making the Vaiśvānara offering.’

 

 

VERSE 4.28

Section VI - The Harvest-Sacrifice

 

नवेनानर्चिता ह्यस्य पशुहव्येन चाग्नयः ।
प्राणानेवात्तुमिच्छन्ति नवान्नामिषगर्धिनः ॥२८॥

navenānarcitā hyasya paśuhavyena cāgnayaḥ |
prāṇānevāttumicchanti navānnāmiṣagardhinaḥ ||28||

 

For his Fires, greedy or n ew grains and meat, seek to devour his very life, if they are not worshipped with new grains and with meat. — (28)

 

Medhātithi’s commentary (manubhāṣya):

By pointing out the evils arising from the omission of the said rites, the text indicates their obligatory character.

‘Not worshipped with new grains’ — not having the oblations offered into them, — ‘the fires’ — of the man who has set up the fire, — ‘seek to devour’ — eat — ‘his very life.’

‘Greed.’ — ‘Greed’ is excessive longing; and one who has this, is called ‘greedy.’ The affix ‘ini’ has the force of the possessive. — (28)

 

 

VERSE 4.29 [Attending upon Guests]

Section VII - Attending upon Guests

 

आसनाशनशय्याभिरद्भिर्मूलफलेन वा ।
नास्य कश्चिद् वसेद् गेहे शक्तितोऽनर्चितोऽतिथिः ॥२९॥

āsanāśanaśayyābhiradbhirmūlaphalena vā |
nāsya kaścid vased gehe śaktito'narcito'tithiḥ ||29||

 

No guest shall dwell in his house without being honoured, to the best of his ability, with seat, food, bed, or with water, fruits and roots. — (29).

 

Medhātithi’s commentary (manubhāṣya):

What is said here has already been said before; it is reiterated here for the purpose of laying down the additional details that follow.

‘No guest shall dwell in his house unhonoured.’ — That is, all guests should be lodged in the house after being honoured.

‘To the best of his ability.’ — One or two, or several, — as many as can he duly honoured — shall be honoured with seat and other things. What is meant is that when guests are living in one’s house, all these things should be provided for them, in a respectful manner; it does not mean that one should give away one’s proprietary right over all these articles in.the house. Since ‘fruits and roots’ have been mentioned separately, it follows that these are to be given only in the event of other kinds of food, in the shape of rice, juice, meat and butter, being not available. — (29)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Dāna, p. 677 and Śrāddha, p. 438).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (2.21.1). — ‘In the absence of all else, a place, water, agreeable speech, — at least these should not fail towards one who resides in his house; one should eat what has been left by the guests; no such sweet dishes should one eat in his house as have not been partaken of by the guest.’

Viṣṇu (59.26-27). — ‘Though breathing, he does not live who makes no offerings to gods, guests, dependents, Pitṛs and his own self. The Religious Student, the Renunciate and the Hermit derive their sustenance from the Householder; hence when these happen to arrive at one’s house, he shall not disregard them.’

Do. (67.30, 40, 42, 43). — ‘One shall not permit a guest to live in the house without feeding him. The foolish man who eats food without offering it to these knows not that he is himself being devoured by dogs and vultures. After that the husband and wife shall eat what remains. The Householder shall eat what is left after offerings have been made to gods, Pitṛs, men, dependents and the household-deities. The food prescribed for the good consists in the remnant of the sacrificial offering.’

Do. (67.32-33). — ‘Never without having given; never without pouring the oblation into fire.’

Mahābhārata (12.249.5, 7, 12, 13). — ‘One shall not have food cooked for himself alone; one shall not needlessly kill animals; — no Brāhmaṇa should reside in his house, without being honoured and fed. He shall always feed upon Vighasa and upon Amṛta — Amṛta being the remnant of sacrifices; and the eating of it is like the eating of sacrificial food. He who eats what has been left after all dependents have been fed is said to feed on Vighasa.’

 

 

VERSE 4.30

Section VII - Attending upon Guests

 

पाषण्डिनो विकर्मस्थान् बैडालव्रतिकान् शठान् ।
हैतुकान् बकवृत्तींश्च वाङ्मात्रेणापि नार्चयेत् ॥३०॥

pāṣaṇḍino vikarmasthān baiḍālavratikān śaṭhān |
haitukān bakavṛttīṃśca vāṅmātreṇāpi nārcayet ||30||

 

He shall not honour, even with speech, impostors, those who follow improper occupations, those who are cat-like in their behaviour, hypocrites, logicians, and those who behave like herons. — (30)

 

Medhātithi’s commentary (manubhāṣya):

In view of the implied meaning of the terms ‘shall dwell,’ people have taken this verse to mean that one shall.....

NOTE: Pages 336 and 337 are missing from the book. Please email me if you have a copy of the text.

 

Explanatory notes by Ganganath Jha:

‘Pāṣaṇḍinaḥ’ — ‘Ascetics who wander about with external marks, such as nakedness, red-dresses, and so forth’ (Medhātithi, who does not explain the term as ‘non-brahmanical ascetics,’ as asserted by Buhler, — and also Govindarāja); — ‘Śākyas, Bhikṣus, Kṣapaṇakas and other ascetics outside the Vedic pale’ (Kullūka and Nārāyaṇa); — ‘those who do not believe in the Vedas’ (Rāghavānanda). The ‘vāhyaliṅgin’ does not mean, as Hopkins says, ‘those who bear the token of outcastes’; what is really meant is the person who, without possessing any real asceticism of the heart, makes a show of it, by wearing external marks.

This verse is quoted in Aparārka (p. 170), which explains ‘vikarmasthān’ as ‘those addicted to such acts as are forbidden — in Mitākṣarā (on l. 130), which explains ‘haituka’ as ‘one who, by argumentation, raises doubts about everything’, — ‘pāṣaṇḍinaḥ’ as ‘those-who have recourse to such life-conditions as are opposed to the dictates of the Vedas — and in Smṛtisāroddhāra (p. 319).

 

Comparative notes by various authors:

Yājñavalkya (1.130). — ‘One should always exclude the hypocrite, the logician, the impostor and those who behave like the heron.’

Viṣṇudharmottara (Aparārka, p. 171). — ‘The man who transgresses all laws laid down in the Śruti and the Smṛti, relating to the division of castes and life-stages, and acts as he likes, relying upon false reasonings, addicted to evil deeds, deluded with overweening opinion of his own reasoning powers, is the Pāṣaṇḍin, wicked, fit for hell, the lowest of men. With such men and with the Vaiḍālavratas one shall never have any intercourse.’

Viṣṇupurāṇa (Do.). — [Same as Manu.]

 

 

VERSE 4.31

Section VII - Attending upon Guests

 

वेदविद्याव्रतस्नातांश्रोत्रियान् गृहमेधिनः ।
पूजयेद् हव्यकव्येन विपरीतांश्च वर्जयेत् ॥३१॥

vedavidyāvratasnātāṃśrotriyān gṛhamedhinaḥ |
pūjayed havyakavyena viparītāṃśca varjayet ||31||

 

Those who have become Snatakas after studying the Veda, or after completing their vows, (and) householders, who are Srotriyas, one must worship by (gifts of food) sacred to gods and manes, but one must avoid those who are different. — (31)

Note: The above is an alternate translation by George Bühler.

 

Medhātithi’s commentary (manubhāṣya):

NOTE: Pages 336 and 337 are missing from the book. Please email me if you have a copy of the text.

... Answer: — The term has been added for the purpose of laying stress upon the fact that those persons are meant who still keep up their study of the Veda.

‘Householders.’ — This does not mean that the mendicant, the ascetic and the student are not to be honoured; all that is meant is that, since all these live upon alms, they cannot be regarded as ‘guests;’ especially as the student cannot dwell anywhere else except at his teacher’s house, and the ascetic cannot dwell away from the forests. For the Renunciate also, dwelling in villages is not possible, since it has been distinctly declared that ‘he shall go to the village only when seeking for alms’ (Gautama, 3. 14). From all this it follows that, in view of the fact that persons in the other stages of life live in places other than ‘households,’ — even though it be somehow possible for them to have the character of ‘guests,’ — what is said here can apply to householders only, as a rule.

‘With offerings to Gods, and to Pitṛs.’ — That is, these persons are to be received and honoured at the performance of rites in honour of Gods and of Pitṛs.

‘Otherwise.’ — Those who are not ‘accomplished,’ should be avoided, even though they be free from the aforesaid defects (described in 30). — (31)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 182).

 

Comparative notes by various authors:

Laghuśātātapa (78, 83). — ‘If, in the matter of feeding and gifts, one ignores a Brāhmaṇa Student who may happen to be at hand, he destroys his family up to the seventh generation. If a Vedic Scholar, accomplished in the Veda, in learning and in observances, come to one’s house, all the vegetables become delighted at the prospect of reaching the highest state.’

Bṛhad-Yama (42, 43). — ‘The man who is free from jealousies, who is of good character, a Vedic Scholar cognisant of Brahman, young and endowed with learning and modesty is the proper recipient, the best of the twice-born. He who is conversant with the Vedanta, who is Jyeṣṭhasāman, free from avarice, devoted to the Veda, is the person who should be employed with special effort in the rites offered to gods and Pitṛs.’

 

 

VERSE 4.32

Section VII - Attending upon Guests

 

शक्तितोऽपचमानेभ्यो दातव्यं गृहमेधिना ।
संविभागश्च भूतेभ्यः कर्तव्योऽनुपरोधतः ॥३२॥

śaktito'pacamānebhyo dātavyaṃ gṛhamedhinā |
saṃvibhāgaśca bhūtebhyaḥ kartavyo'nuparodhataḥ ||32||

 

The Householder shall give as much as he can to those who do not cook their own food; and, for the sake of all living beings, he shall make apportionment, without detriment (to himself). — (32)

 

Medhātithi’s commentary (manubhāṣya):

‘Those who do not cook their own food.’ — Students and Renunciates are meant, — say some.

But this is not right, as gifts to students and hermits has already been laid down as an obligatory duty. Hence, what is meant by the present text is that one shall give as much as one can to the poor and also to impostors (who are unable to cook for themselves). That is, his giving shall be in due consideration of what he can give and of the quantity of food cooked in his house. Since the recipients are described as doing no ‘cooking,’ it follows that cooked food is to be given to them.

‘Apportionment.’ — He shall distribute out of his other belongings also, — such as fuel, clothing, medicines and other useful things.

‘Among ail beings’ — The term ‘beings’ stands for all living things in the world; just as it is used in such declarations as ‘gāyatri is all this being.’ Since inanimate beings cannot be helped in the same manner as living beings, this term here stands for conscious, living, beings only. Thus, according to the view that plants are capable of growing and endowed with consciousness, it would follow that some apportionment of wealth should be made for providing for the watering of plants, &c., also.

The term ‘bhūta,’ ‘being,’ has many meanings: (1) In some cases, it means the principal thing, e.g., in such expressions as ‘this Brāhmaṇa woman is the being in this house;’ (2) sometimes it means ‘ghost;’ e.g., ‘this person is obsessed by a being;’ (3) sometimes it means the contrary thing; e.g., ‘he says, what is bhūta;’ (4) sometimes it is used in the sense of the past, — e g., ‘this verb denotes the bhūta;’ (5) sometimes it stands for particular deities, — e.g., ‘offering to the bhūtas;’ (6) sometimes it stands for all conscious beings, — e.g., ‘one should not kill bhūtas;’ (7) sometimes it denotes approach, — ‘our Moon is bhūta, become, large;’ (8) sometimes it denotes similitude, — e.g., ‘this is kāvya — bhūta, as if it were a poem;’ and (9) sometimes it means coming into existence, — e.g., ‘Devadatta’s son is bhūta, born.’ What the term means in the present context we have already explained.

The Dative ending in ‘bhūtebhyaḥ’ denotes ‘for the sake of.’

‘Without detriment;’ — so that no suffering be caused to his own family; that is, he shall keep back enough for his own family, and then, with the remainder, he shall ‘make the apportionment.’ This is what is taught also in 11-10. — (32)

 

Comparative notes by various authors:

Āpastamba (2.4.13). — ‘If any one should beg for food at the time, the master and mistress of the house shall not refuse him.’

Do. (2.10.10). — ‘Distribution of food has been laid down for such seekers for food as may be coming daily, — but without detriment (to the master).’

 

 

VERSE 4.33 [Duties of the Accomplished Student: Sources of Wealth]

Section VIII - Duties of the Accomplished Student: Sources of Wealth

 

राजतो धनमन्विच्छेत् संसीदन् स्नातकः क्षुधा ।
याज्यान्तेवासिनोर्वाऽपि न त्वन्यत इति स्थितिः ॥३३॥

rājato dhanamanvicchet saṃsīdan snātakaḥ kṣudhā |
yājyāntevāsinorvā'pi na tvanyata iti sthitiḥ ||33||

 

Suffering from hunger, the accomplished student should seek for wealth from the king, or from one at whose sacrificial rites he officiates, or from his pupil; and not from others; such is the rule. — (33)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘king’ here stands for all wealthy castes; as the author is going to declare later on (10-113) — ‘The king should be begged by persons suffering from want and seeking for wealth and metals.’ Thus the term ‘rājan,’ ‘king,’ in its primary denotation signifies the Kṣatriya caste; but on the strength of what we see in other treatises, we take it to mean here the ‘king of men,’ specially, as kings of men are wealthy. Thus, what the text means is that — ‘gifts’ should be received from such persons as are extremely rich in the possession of cows and bulls, goat and sheep, cash and grains. In doing this, the man shall he also observing the rule that ‘he should live without causing pain to any one;’ as such people do not feel any pain in making gifts; while if one were to beg from men with small wealth, it would be open to objection.

If the term ‘rājan’ were taken in its primary sense of the Kṣatriya caste, the receiving of gifts from Brāhmaṇas and others would become forbidden; and this would be against the teaching of all Smṛtis. In another Smṛti, we read — ‘One shall receive gifts from commended twice-born people, and uncooked food also from a Śūdra who is submissive,’ In prohibitions also, we find the term ‘rājan’ used in the sense of ‘king of men;’ e,g., in such passages as — ‘One shall not accept gifts from the Rājā,’ where the prohibition cannot apply to the Kṣatriya caste, since the text subsequently adds — ‘or from one not born of Kṣatriya parents’ (4-84). It is for this reason that this latter verse cannot be taken as forbidding the acceptance of gifts from the Kṣatriya, because, if that were meant, the text could not add ‘from one not born of Kṣatriya parents;’ for those ‘not born of Kṣatriya parents’ can never be ‘Kṣatriyas,’ For these reasons, the conclusion on this point is as follows: — ‘gifts shall be accepted from such Kṣatriya kings as behave according to the scriptures, and not from others,’

‘From one at whose sacrificial rites he officiates, or from his pupil.’ — The Genitive ending is used in reference to the ‘wealth.’ Or, we may read the phrase as ending with the ‘Tasi affix’ — yājyāntevāsitaḥ.’ Since both these names are based upon the doing of certain acts, the meaning is that — ‘he shall live by the occupations of Teaching and Officiating at Sacrifices.’

Others explain as follows: — The receiving of gifts from others would constitute a minor sin, and other means of acquiring wealth, such as theft and the like, are distinctly forbidden. The upshot is that he shall worship God and live upon gifts made through love, and also by pronouncing ‘svasti’ (at sacrificial performances); but in no case shall he do service; as that means of livelihood has been already forbidden. Thus he may accept gifts from such of his sacrificial clients as have received benefit at his hands, even though he may not be officiating at their sacrifices at the time; for even though the actual relationship (of priest and client) may have ceased, their duty towards each other remains.

‘Suffering.’ — This means that gifts shall not be sought, if the man has inherited some property; as it has been declared (in verse 15 above) that — ‘nor when wealth is already there.’

What is said here is not something to be done in abnormal times of distress; as mere ‘suffering’ does not constitute ‘distress;’ all that it means is ‘absence of earned wealth;’ and it would be a case of ‘distress,’ only if the adopting of any of the sanctioned means of living were impossible, or if all one’s property were destroyed. Even though he may be possessed of much cash and grains, his grain-supply may become exhausted in times of famine; and, in such cases, if entertainment as a guest would be impossible, and the man would be suffering from hunger, this would constitute ‘distress;’ while, if the man were not pining from hunger, this would be simple ‘suffering.’ Such is the difference between the two (distress and suffering).

‘Not from others.’ — That is, he shall receive no gifts from persons with little wealth, or from one who receives no benefit from the person (begging). — (33)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 33), which adds that where the text says ‘not from others’, what it means is that ‘in the event of those named here being available, one should not seek for it from others’; — and in Prāyaścittaviveka (p. 402), which explains ‘rājan’ as standing for ‘the just king of the Kṣatriya caste’.

 

Comparative notes by various authors:

Gautama (9.6 3, 64). — ‘For the sake of his own maintenance and welfare he shall approach none except those who may he dutiful towards gods and elders.’

Vaśiṣṭha (12.2), — ‘He shall beg from any one except the king and his own pupils.’

Yājñavalkya (1.130). — ‘Suffering from hunger, he may seek for wealth from the king, from his own pupils and from one at whose sacrifices he officiates; and he shall avoid the hypocrite, the sceptic, the impostor and the heron-like.’

Viṣṇu (63.1). — ‘For the sake of his maintenance and welfare he shall approach the king.’

 

 

VERSE 4.34

Section VIII - Duties of the Accomplished Student: Sources of Wealth

 

न सीदेत् स्नातको विप्रः क्षुधा शक्तः कथं चन ।
न जीर्णमलवद्वासा भवेच्च विभवे सति ॥३४॥

na sīdet snātako vipraḥ kṣudhā śaktaḥ kathaṃ cana |
na jīrṇamalavadvāsā bhavecca vibhave sati ||34||

 

The Accomplished Brāhmaṇa shall not, if he can, suffer from hunger; nor shall he wear torn or dirty clothes, so long as he has any property. — (34).

 

Medhātithi’s commentary (manubhāṣya):

If he happen to fail in some attempt at acquiring wealth, he shall not, at once, have recourse to methods permitted during abnormal times; on the contrary, he should try again and again; this is what has been said in 4.13. Consequently, if the man is a cultivator, and his crops have withered for want of grain, he should not, merely for this, at once have recourse to living upon others, or to begging.

So long as he can, and so long as he has property, torn and dirty clothes shall not be worn. — (34)

 

Explanatory notes by Ganganath Jha:

‘Śaktaḥ’ — ‘Who is able to procure food’ (Nārāyaṇa); — ‘he who is able to dine shall not stint himself through avarice’ (Nandana); — ‘a Snātaka, who is a fit recipient of gifts must not pine with hunger (so long as the king has anything to give); — Rāghavānanda reading ‘Yuktaḥ’ explains it to mean ‘A Snātaka suffering from hunger shall not (...?)

This verse is quoted in Nityācārapradīpa (p. 353); — and in Smṛtisāroddhāra (p. 224).

 

Comparative notes by various authors:

Gautama (9.3). — ‘So long as he has any property, he shall not wear torn or dirty clothes.’

Vaśiṣṭha (12.4). — ‘He shall not associate with a man in dirty clothes, nor with a woman in her courses.’

Viṣṇu (72.9). — [Same as Gautama.]

 

 

VERSE 4.35 [Personal Cleanliness]

Section IX - Personal Cleanliness

 

कॢप्तकेशनखश्मश्रुर्दान्तः शुक्लाम्बरः शुचिः ।
स्वाध्याये चैव युक्तः स्यान्नित्यमात्महितेषु च ॥३५॥

kḷptakeśanakhaśmaśrurdāntaḥ śuklāmbaraḥ śuciḥ |
svādhyāye caiva yuktaḥ syānnityamātmahiteṣu ca ||35||

 

Keeping his hair, nails and beard clipped, subdued, wearing white clothes, pure, — he shall always remain engaged in Vedic study, also in what may be conducive to his welfare. — (35)

 

Medhātithi’s commentary (manubhāṣya):

‘Clipping.’ — This clipping, or ‘shaving of the lips’ — is necessary. By this the man becomes ‘pure,’ as the text says. If a man wear long hair, bathing becomes a difficult process, and the man is likely to be lazy on that account: and would thus remain ‘impure.’ If, however, even though wearing long hair, he is careful about his bath, then the wearing of hair would not be objectionable.

‘Subdued’ — free from haughtiness.

‘Pure’ — in all matters; and also purified by the right use of such means of cleanliness as clay, water, mouth-rinsing, and so forth.

He should be always engaged in the study of the Veda. Though this has been already said before, yet it is repeated again and again, in order to show its great importance.

‘What is conducive to his welfare.;’ — i.e., the avoiding of illness by remedies, and also by guarding against indigestion, untimely meals, heavy and hot food, and so forth. — (35).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 249) as laying down ‘shaving of the head’ for those who have taken the Final Bath; — and in Smṛtisāroddhāra (p. 224).

 

Comparative notes by various authors:

Gautama (9.4-7). — ‘He shall not wear cloth that is loudly coloured, or that has been worn by another; nor garlands or shoes; in the event of incapacity, he may wear washed clothes; he should never grow his beard, without cause.’

Gautama (69). — ‘He shall teach those that are disciplined, — himself disciplined in cleanliness, and ever alert in regard to the Veda.’

Yājñavalkya (1.131). — ‘Wearing white clothes, with hair, beard and nails clipped, — he shall not eat in the presence of his wife, nor with only one cloth, nor standing.’

Āpastamba (1.30.10-12). — ‘In his clothing, he shall avoid all colouring; also what is naturally black. He shall wear only such cloth as may not be obtrusive.’

 

 

VERSE 4.36

Section IX - Personal Cleanliness

 

वैणवीं धारयेद् यष्टिं सोदकं च कमण्डलुम् ।
यज्ञोपवीतं वेदं च शुभं रौक्मे च कुण्डले ॥३६॥

vaiṇavīṃ dhārayed yaṣṭiṃ sodakaṃ ca kamaṇḍalum |
yajñopavītaṃ vedaṃ ca śubhaṃ raukme ca kuṇḍale ||36||

 

He shall hold a stick of bamboo, and also a water-pot full of water, the sacred thread, a handful of kuśa-grass and a pair of bright golden ear-rings. — (36).

 

Medhātithi’s commentary (manubhāṣya):

The ‘holding’ of the sacred thread and of the ear-rings, would consist in their being worn on the body; and each of these should be worn on that part of the body for which it is fitted; for instance, the ear-rings shall be worn in the ears, and the sacred thread over the body; the term ‘kuṇḍala’ ‘ear-ring,’ being the name of the ornament for the ear; and the name ‘sacred thread’ being applied to the thread worn over the neck and passing under the right arm.

The stick and the rest are to be always kept on the body, in view of the visible purposes served by them. For instance, the stick serves as a support when the man is tired, and it also serves the purpose of driving away the bull and other aggressive animals.

Inasmuch as ‘cleaning’ has been laid down as to be done with water taken out of a reservoir, the present text restricts the vessel to the ‘water-pot’ definitely; and this precludes the jar and other vessels, which serve the same purpose (of holding water), and not such other things as the ear-ring, the bracelet, and so forth.

Thus it is that the water-pot has to be kept filled with water, for the purpose of removing such uncleanliness as may be caused by contamination during the act of paying the calls of nature, and which is capable of being removed by water. It has been said that — ‘in matters within one’s power, one should not remain unclean for a single moment.’ The meaning of the phrase, ‘in matters within one’s power,’ is as follows If the water held before has been used up, and then there happens to come about such further uncleanliness as is caused by spitting, and the like, then, if water be not available, there would be no harm in the man remaining unclean for sometime (till he can obtain the requisite water); but even so, in connection with the calls of nature, our author is going to prescribe bathing under 12. 22, where it is laid down that ‘the man should dip into water, with all his clothing.’

Precise rules regarding the means of cleaning have been laid down in another Smṛti text. Says the revered Vaśiṣṭha (12-15-17) — “For water, hand and wood, Fire has been declared to be the means of cleaning; hence, having washed the water-pot with the hands and with water, the offering that one makes, has been declared by manu Prajāpati to constitute Paryagnikaraṇa (Fire-purfication). The person knowning the laws of cleanliness should rinse his mouth after having done all necessary acts.’

Baudhayāna also has said — after having begun with the words, ‘Now the water-pot is to be held,’ — ‘Having become clean, and when one washes the water-pot, this washing of things constitutes Paryagnikaraṇa (Purification by fire); even in his previous condition, the man shall leave off the water-pot, on account of its being unclean; but the learned shall not decry it, nor censure it, nor regard it as objectionable.’

The name ‘kamaṇḍalu,’ ‘water-pot,’ is based upon the particular shape, and not upon any particular species or kind, of its material. So that, whether it be made of eathernware or of gold, or of silver, — the cleaning, in all cases, is to be done in the manner just described, and in the manner that has been prescribed in connection with the original substance of which it may be made. But, on its coining into contact with urine and such things, the purification is to done in the manner laid down in connection with the constituent material. In all cases, the hands are to be washed, because of their being in contact with. such sources of contamination as the man in an unclean state.

Says Gautama also — ‘Having placed the pot somewhere near him, for the purpose of purification,’ etc, etc., So, in the present verse, what is meant by ‘holding’ is keeping near oneself, and not the actual holding in the hand.

‘Veda’ is the name of ‘Kuśa-handful.’ The use for this consists in the ‘touching of the organs,’ which has been laid down as to be done with ‘Kuśa-blades.’

The upshot of all this is that things that serve transcendental purposes shall be held on the body at all times, while those that serve only visible purposes are to be kept only when need arises.

‘Bright. ’ — Beautiful, in shape, and also by the burnishing of the gold by heating and polishing. — (37)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 176), which explains ‘vedam’ as ‘handful of kuśa’, and ‘raukme’ as ‘golden’; — in Mitākṣarā (on 1.133); — and in Smṛtisāroddhāra (p. 320).

 

Comparative notes by various authors:

Baudhāyana (1.3.3-5). — ‘The Accomplished Student shall wear a lower and an upper garment. He shall hold a bamboo-stick: — also the water-pot filled with water; wearing two sacred threads, — a turban, a skin, shoes and umbrella.’

Do. (1.6.7). — ‘Vedic Study constitutes the Brahmayajña.’

Vaśiṣṭha (12.12, 34, 35). — ‘For the Accomplished Student, there shall be a lower and an upper garment; two sacred threads and the water-pot filled with water; he shall carry the bamboo-stick and wear golden ear-rings; he shall not wear garland outside, except the golden necklace.’

Āpastamaba Dharmasūtra (2.8.2). — ‘Wearing a garland, with face and hair washed, annointed, head turbaned, coated and wearing shoes and sandals.’

Viṣṇu (71.13-16). — ‘Bamboo-stick, — water-pot with water, cotton sacred thread, — golden ear-rings.’

Yājñavalkya (1.133). — ‘Wearing gold and the sacred thread, carrying the bamboo and the water-pot.’

Gobhila (3.4.25-27). — ‘Having bathed and adorned himself, wearing new clothes, he shall tie the garland with the mantra Śrīrasi mayi ramasva; then the shoes...and then the bamboo-stick.’

Āśvalāyana Gṛhyasūtra (3.8.9-16). — ‘Having bathed with cold and hot water, wearing unworn clothes,...he shall apply collyrium to the eyes; then he wears the ear-rings; besmearing his hands with sandal-paste, the Brāhmaṇa shall besmear his face; the Kṣatriya, his arms and the Vaiśya, his belly;......then he shall tie the garland; but it should not be called by the name of mālā...... then ho takes up the umbrella......then the bamboo-stick...tying the jewel on his neck, he ties the turban; and then proceeds to collect fuel.’

Laugākṣi (Aparārka, p. 176). — ‘He shall wear untarnished gold.’

 

 

VERSE 4.37

Section IX - Personal Cleanliness

 

नेक्षेतोद्यन्तमादित्यं नास्तं यान्तं कदा चन ।
नोपसृष्टं न वारिस्थं न मध्यं नभसो गतम् ॥३७॥

nekṣetodyantamādityaṃ nāstaṃ yāntaṃ kadā cana |
nopasṛṣṭaṃ na vāristhaṃ na madhyaṃ nabhaso gatam ||37||

 

He shall not look at the Sun when rising, nor when setting, nor when it is eclipsed, nor when it is in water, nor when it has reached the middle of the sky. — (37)

 

Medhātithi’s commentary (manubhāṣya):

‘Eclipsed’ — Hidden by eclipse.’

‘In water’ — Reflected in water.

‘When it has reached the middle of the sky’ — i.e., at midday — one shall not look at the Sun. — (37).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 180); — in Mitākṣarā (on 1.135), in the sense that looking at the Sun is forbidden only at stated times, not always, as seems to be implied by Yājñavalkya’s words; — in Vīramitrodaya (Saṃskāra, p. 494), which explains ‘uparaktam’ (v. l. ‘upasṛṣṭam’) as ‘eclipsed’; — again on p. 578, as mentioning things that should not be looked at; — in Smṛtitattva (p. 162), which adds that the prohibition of looking at the eclipsed sun is not applicable to that seeing of the eclipse which has been clearly enjoined as conducive to great merit; — in Vidhānapārijāta (II, p. 476); — in Puruṣārthacintāmaṇi (p. 346); — in Hemādri (Kāla, p. 388) as prohibiting the house-holder seeing the eclipsed sun; — in Saṃskāramayūkha (p. 71); — in Smṛticandrikā (p. 124), which explains ‘upasṛṣṭam’ as ‘eclipsed’; — in Saṃskāraratnamālā (p. 292); — in Smṛtisāroddhāra (p. 320); — in Varṣakriyākaumudī (p. 94), which says that ‘īkṣaṇa’ cannot be taken as standing for mere knowing (as some people have held), and that it does not prohibit the first seeing of the eclipse, which is necessary to entitle the man to bathe; what is forbidden is only the unnecessary repeated seeing of the eclipse; — and in Śuddhikaumudī (p. 218).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.31.18). — ‘One should avoid looking at the sun rising and setting.’

Viṣṇu (7.17, 18). — ‘He shall not look at the sun rising, — nor when setting.’

Yājñavalkya (1.137). — ‘He shall not look at the sun, nor at a naked woman....’

Pāraskara (2.7.6 ). — ‘ He shall not do the following — looking at a water-reservoir, tree-climbing, fruit-gathering, entering a man-hole, public bathing, traversing dangerous situations, looking at the sun, and begging.’

Baudhāyana (2.3.31). — ‘He shall not look at the sun at the time of rising or of setting.’

Hārīta (Aparārka, p. 180). — ‘He shall not look at the naked man or the naked woman; nor the rising or setting sun and moon.’

Mahābhārata (13.104, 17-18). — [Same as Manu.]

 

 

VERSE 4.38

Section IX - Personal Cleanliness

 

न लङ्घयेद् वत्सतन्त्रीं न प्रधावेच्च वर्षति ।
न चोदके निरीक्षेत स्वरूपमिति धारणा ॥३८॥

na laṅghayed vatsatantrīṃ na pradhāvecca varṣati |
na codake nirīkṣeta svarūpamiti dhāraṇā ||38||

 

He shall not step over the rope to which a calf is tied; he shall not run when it is raining; he shall not look at his own figure in water; such is the established rule. — (38).

 

Medhātithi’s commentary (manubhāṣya):

‘Vatsatantrī’ is the rope to which the calf is tethered; or, it may mean ‘a line of calves.’ This ‘he shall not step over’ — not cross over. Says Gautama (9.52) — ‘One shall not pass over the vatsatantrī.’

‘Figure’ — shape of the body.

‘Own’ — The addition of this implies that looking at the figure of other persons is not forbidden.

‘Such is the established rule,’ — ordained in the scriptures — (38).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (p. 71), which explains ‘vatsatantrī’ as ‘the rope to which a calf is tied’, and quotes Haradatta to the effect that ‘vatsa’ here stands for the entire bovine species.

 

Comparative notes by various authors:

Gautama (9.52). — ‘He shall not go over the rope to which a calf is tied.’

Baudhāyana (2.2-36). — [Same as above.]

Āpastamba Dharmasūtra (1.31.13). — [Same as above.]

Vaśiṣṭha (12.5). — ‘He shall not cross over the rope to which the calf is tied, when it is spread out.’

Viṣṇu (71.23). — ‘He shall not look at his own reflection in water, or in oil.’

Do. (63.42-43). — ‘He shall not cross over the rope to which the calf is tied; he shall not run while it is raining.’ Āśvalāyana Gṛhyasūtra (3.9.6). — He shall not bathe during the night; he shall not bathe naked; he shall not sleep naked; he shall not look at a naked woman, except......; he shall not run while it is raining.’

Pāraṣkara (2.7.8). — ‘He shall not look at himself in water.’

Gobhila (3.5.11). — ‘He shall not run while it is raining.’

 

 

VERSE 4.39

Section IX - Personal Cleanliness

 

मृदं गां दैवतं विप्रं घृतं मधु चतुष्पथम् ।
प्रदक्षिणानि कुर्वीत प्रज्ञातांश्च वनस्पतीन् ॥३९॥

mṛdaṃ gāṃ daivataṃ vipraṃ ghṛtaṃ madhu catuṣpatham |
pradakṣiṇāni kurvīta prajñātāṃśca vanaspatīn ||39||

 

By a mound of clay, a cow, a deity, a Brāhmaṇa, clarified butter, honey, a cross-way and the well-known trees — he shall pass in such a manner as to leave them on his right. — (39)

 

Medhātithi’s commentary (manubhāṣya):

This rule applies to cases where, when a man has started to go, the said things happen to come in his way. He should go in such a manner that-they remain to his right. Another Smṛti has laid down, in connection with depatures, that — ‘he should walk round rightwards.’

‘Deity’ — as painted on scrolls, for purposes of worshipping. Gautama has declared that — ‘One shall pass round the temples of gods leaving them on his right;’ and, on the strength of popular opinion, the term ‘deity’ of the text is to be taken as standing for the temples containing images of the Four-armed Viṣṇu, the Sun and other gods; — and the same should be done with sacrificial houses also, as the author is going to declare later on.

‘Madhu’ — should be taken here as standing for Honey, on the strength of its being mentioned along with ‘clarified batter;’ also because it is mentioned in the middle of a number of auspicious things.

‘Well-known trees’ — Large trees, well known for their great utility and size, or, for the large produce of flower and fruits; such trees, for instance, as the Udumbara, and the like. ‘The Udumbara is vigour itself,’ says a Vedic description.

Some people have explained ‘well known’ as ‘of superior quality.’ But these people, have no support for this, except certain popular notions; and they should be ignored. — (39)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 176), which explains that the ‘mud’ meant is that which has been dug out; — and in Mitākṣarā (on 1.133).

 

Comparative notes by various authors:

Gautama (9.66). — ‘A praiseworthy object, an auspicious object, a temple, a cross-way and such objects, — he shall go round in such a manner as to leave them on his right.’

Viṣṇu (63.26-30). — ‘He shall go round the cross-ways in such a manner as to leave them to his right; also a place where deities are being worshipped; also well-known trees; also the fire, the Brāhmaṇa, the courtesan, full water-jar, the mirror, the umbrella, the flag, the banner, the Bel- tree and river-whirlpools; also the fan, the cāmara, the horse, the elephant, the cow, curd, milk, honey and fried grains.’

Yājñavalkya (1.133). — ‘The deity, the cow, the Brāhmaṇa and the trees, — he shall pass by in such a manner as to leave them to his right.’

Mārkaṇḍeya (Aparārka, p. 176). — ‘The road-crossing, and the important trees he shall salute; and he shall pass by all auspicious objects in such a way as to leave them to his right.’

 

 

VERSE 4.40

Section IX - Personal Cleanliness

 

नोपगच्छेत् प्रमत्तोऽपि स्त्रियमार्तवदर्शने ।
समानशयने चैव न शयीत तया सह ॥४०॥

nopagacchet pramatto'pi striyamārtavadarśane |
samānaśayane caiva na śayīta tayā saha ||40||

 

Even though mad, he shall not approach a woman during her courses; nor shall he sleep on the same bed with her. — (40)

 

Medhātithi’s commentary (manubhāṣya):

‘Mad’ — even though suffering from the darts of passion.

‘Courses’ — stands for the blood that appears every month in the woman. When this is visible, he shall not approach her. Nor shall he sleep on the same bed with her.

It may be argued that — ‘the prohibition put forward is already implied in the aforesaid prohibtion of touching a woman in her courses.’

But what the present text contains is not a prohibition) but the injunction of a positive observance. And there is a difference in the expiatory rite prescribed in connection with the omission of this observance. — (40)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 562); — in Hemādri (Kāla, p. 726); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 25a).

 

Comparative notes by various authors:

(verses 4.40-42)

Gautama (9.30-31). — ‘Not when she is in her courses; — nor shall he embrace her in this condition.’

Vaśiṣṭha (12.4). — ‘He shall not associate with a woman with dirty clothes: nor with one in her courses; nor with one who is unfit.’

Viṣṇu (69.11). — ‘Not when she is impure.’

Gobhila (3.5.5). — ‘Not when she is in her courses.’

Bṛhannāradīya (28, 87-88). — ‘If one touch a woman in her courses, or a Cāṇḍāla, or one who has committed a heinous crime, or a newly delivered woman, or the leavings of food, or the washerman and such others, — he shall bathe forthwith with his clothes on, etc., etc.’

Viṣṇupurāṇa (Vīramitrodaya-Āhnika, p. 562). — ‘One shall not approach his wife before she has bathed or when she is ill, or in her courses.’

 

 

VERSE 4.41

Section IX - Personal Cleanliness

 

रजसाऽभिप्लुतां नारीं नरस्य ह्युपगच्छतः ।
प्रज्ञा तेजो बलं चक्षुरायुश्चैव प्रहीयते ॥४१॥

rajasā'bhiplutāṃ nārīṃ narasya hyupagacchataḥ |
prajñā tejo balaṃ cakṣurāyuścaiva prahīyate ||41||

 

Of the man who approaches a woman covered with impurity, — intelligence, vitality, strength, sight and longevity wear off. — (41)

 

Medhātithi’s commentary (manubhāṣya):

Impurity — is the same as what has been spoken of above as ‘courses.’

‘Covered.’ — connected with.

This verse is supplementary to the preceding Verse. — (41)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 562), which explains it to mean that if he approaches her during the first four days, he loses his wisdom &c.; — in Hemādri (Kāla, p. 726); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 25a).

 

Comparative notes by various authors:

(verses 4.40-42)

See Comparative notes for Verse 4.40.

 

 

VERSE 4.42

Section IX - Personal Cleanliness

 

तां विवर्जयतस्तस्य रजसा समभिप्लुताम् ।
प्रज्ञा तेजो बलं चक्षुरायुश्चैव प्रवर्धते ॥४२॥

tāṃ vivarjayatastasya rajasā samabhiplutām |
prajñā tejo balaṃ cakṣurāyuścaiva pravardhate ||42||

 

Of that same man, if he avoids the woman covered with impurity, intelligence, vitality, strength, sight and longevity flourish. — (42)

 

Medhātithi’s commentary (manubhāṣya):

This mention of flourishing also is purely commendatory. — (42)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 562), which explains it to mean that if the man avoids her during the first four days, his wisdom and other things become enhanced; — and in Hemādri (Kāla, p. 726).

 

Comparative notes by various authors:

(verses 4.40-42)

See Comparative notes for Verse 4.40.

 

 

VERSE 4.43

Section IX - Personal Cleanliness

 

नाश्नीयाद् भार्यया सार्धं नैनामीक्षेत चाश्नतीम् ।
क्षुवतीं जृम्भमाणां वा न चासीनां यथासुखम् ॥४३॥

nāśnīyād bhāryayā sārdhaṃ naināmīkṣeta cāśnatīm |
kṣuvatīṃ jṛmbhamāṇāṃ vā na cāsīnāṃ yathāsukham ||43||

 

He shall not eat with his wife; nor shall he look at her while she is eating, or snoring, or yawning, or sitting at her ease. — (43)

 

Medhātithi’s commentary (manubhāṣya):

Under 5.130, it is said that ‘the mouth of women is always pure,’ and again one is advised to avoid ‘the leavings of women and Śūdras.’ Both of these are true within their own limited sphere. When the mouth is said to be ‘ever pure,’ it refers to the time of sexual intercourse, in view of what has been declared in another Smṛti regarding ‘the purity of the woman during sexual intercourse.’ From this it follows that the prohibition applies to such a woman with whom one can never have such intercourse; e.g., the mother, the sister, and the like. Specially because what is prohibited here is not simply affectionate treatment, but the entertaining of thoughts of love and longing preceded by the erotic sentiment. Hence it follows that the ‘purity’ pertains to woman related to such intercourse, and the prohibition to those not so related.

The above considerations would give rise to the notion that one may eat with one’s wife, who serves the purposes of sexual intercourse; hence with a view to preclude such an idea, the text proceeds to declare — ‘he shall not eat with his wife.’

“As a matter of fact, what has been said regarding the ‘purity’ of the woman’s mouth, refers to a particular form of advances that the man in love generally makes, so that the purity can refer only to the act of kissing; and there is no possibility of its making any one inclined to eat with his wife.”

But the reiteration contained in the present verse is meant to show the form of the observance; which means that one should make a life-long vow that ‘he shall never eat with his wife.’

The ‘eating together’ that is mentioned here as the object of prohibition is — (a) eating out of the same dish, (b) eating at the same time and (c) eating at the same place. So that there can. be no room for the idea that the pohibition applies to ‘leavings.’ That the meaning of ‘eating together’ is as just mentioned we gather from other Smṛti texts and from usage; as for ‘leavings,’ this term can only mean what has been left.’ Thus, then, when it is said that — ‘his friends and others he shall feed with his wife’ (3.113), — it is clear that what is meant is, not that they shall eat out of the same dish with the wife, but that they shall eat at the same time and place with her. [Hence, it must be these latter that are forbidden by the present verse].

Others have explained ‘leavings’ as something different — as what has been left after one has eaten. So that it would not be a case of ‘eating the leavings’ when one eats in the same dish with one’s wife.

According to this explanation, what would be the object of the prohibition would be the eating with Śrūdas (Śūdras?) only; and this would involve the abandoning of universally accepted notions, under which mere touch (of the Śūdra) is regarded as constituting ‘ucciṣṭa,’ ‘leaving;’ and this touch is present also when two persons are ‘eating together.’

Some people hold that what is forbidden is eating at the same time and place; that this is so, follows from the fact that the teaching herein contained is with a view to a visible purpose; the prohibition therefore being based upon the fact that men differ in their nature, some men are not pleased with their wife eating large quantities, while there are others who, on finding their wife eating little, think that she is deceiving him by eating little in his presence.

Similar to the above are the other restrictions: ‘he shall not look at her while she is eating;’ if he sees her while eating, when she may be opening her mouth wide, she may look ugly and thus fail to please her husband.

‘Snoring’ — is the sound made by the nose filled with the wind passing down from the head. Here also the disfiguring of the face is likely to make the husband displeased.

‘Yawning’ — the prolonged breathing out of air with the mouth, or the spreading out of the body and limbs. This also is undesirable on the said grounds.

‘Sitting at her ease’ — with hair diśevelled, with the body thrown upon the ground. — (43)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 180); — in Mitākṣarā, (on 1.125); — in Madanapārijāta (p. 123); — in Vīramitrodaya. (Āhnika, p. 479, and again in Saṃskāra, p. 578); — in Saṃskāramayūkha, (p. 71); — and in Smṛtisāroddhāra, (p. 320).

 

Comparative notes by various authors:

(verses 4.43-44)

Viṣṇu (68.46). — ‘He shall not eat with his wife, nor in the sky, nor standing, nor while many men are looking on.’

Viṣṇu (71.25). — ‘He shall not look at his wife while she is eating.’

Viṣṇu (72.26) — ‘Nor a naked woman.’

Gautama (9.33). — ‘He shall avoid the following: — kindling fire with the mouth, wrangling, obtrusive wearing of garlands and sandal-paste, eating with his wife, looking at her while she is applying collyrium to her eyes, entering by the wrong door, eating while seated on a chair, swimming in rivers, climbing of trees, etc., etc.’

Śukranīti (4.4.29). — ‘Then her husband and lastly she herself shall partake of food at the instance of her husband. She should then devote her time to the examining of income and expenditure.’

Vaśiṣṭha (12.29). — ‘Not between two fires, nor between two Brāhmaṇas, nor with his wife, shall one eat; by so doing, one obtains offspring devoid of virility; this we learn from the Vājasaneya texts.’

Yājñavalkya (1.131). — ‘He shall not eat where his wife can see him, nor with a single cloth, nor standing.’

Yājñavalkya (l.135). — ‘He shall not look at the naked woman, nor after intercourse.’

Aṅgiras (Vīramitrodaya-Āhnika, p. 479). — ‘The wise do not perceive any harm in a man eating with his own wife, or her leavings.’

Smṛtyarthasāra (Do.). — ‘He shall not eat with his wife.’

 

 

VERSE 4.44

Section IX - Personal Cleanliness

 

नाञ्जयन्तीं स्वके नेत्रे न चाभ्यक्तामनावृताम् ।
न पश्येत् प्रसवन्तीं च तेजस्कामो द्विजोत्तमः ॥४४॥

nāñjayantīṃ svake netre na cābhyaktāmanāvṛtām |
na paśyet prasavantīṃ ca tejaskāmo dvijottamaḥ ||44||

 

The brāhmaṇa, desiring brightness, shall not look at a woman who is a pplying collyrium to her own eyes, or who has anointed herself, or who is uncovered, or is bringing forth a child. — (44)

 

Medhātithi’s commentary (manubhāṣya):

One who is applying collyrium to another’s eyes, looks beautiful (hence there is no harm in looking at her).

‘Uncovered’ — with her clothing removed. As a rule, men long for locking at a woman only when she is veiled; while, when the woman is undressed, all her limbs become visible, and, on scrutiny, nil these may not turn out to be shapely; consequently, one should avoid looking at a naked woman.

‘Desiring brightness.’ — ‘Brightness’ stands for brightness of complexion, as also for energy. — (44)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 180); — in Mitākṣarā, (on 1.135); — in Madanapārijāta (p. 123); — in Vīramitrodaya (Saṃskāra, p. 578); — in Smṛtisāroddhāra, (p. 320); — and in Saṃskāramayūkha (p. 71).

 

Comparative notes by various authors:

(verses 4.43-44)

See Comparative notes for Verse 4.43.

 

 

VERSE 4.45

Section IX - Personal Cleanliness

 

नान्नमद्यादेकवासा न नग्नः स्नानमाचरेत् ।
न मूत्रं पथि कुर्वीत न भस्मनि न गोव्रजे ॥४५॥

nānnamadyādekavāsā na nagnaḥ snānamācaret |
na mūtraṃ pathi kurvīta na bhasmani na govraje ||45||

 

He shall not eat food with only one piece of cloth on him; he shall not bathe naked; he shall not pass urine on the road, nor on ashes, nor on the haunts of cows. — (45)

 

Medhātithi’s commentary (manubhāṣya):

Even though the man always wears his sacred thread (and hence, correctly speaking, he is never with only one piece of cloth on), yet, since the sacred thread is always on the body and it does not cover any part of the body, and since the present injunction is apart from the section dealing with Upanayana (where the wearing of the sacred thread is prescribed), — he is regarded as ‘having only one piece of cloth on himself.’ What the text means is that, at the time of eating, he shall have on his body a second piece of cloth capable of covering his body.

‘He shall not pass urine.’ — ‘Urine’ here stands for excretions of all kinds.

‘Pathi’ — on the road.

‘On the haunts of cows’ — the path by which cows pass, or the place where they go to graze. — (45)

 

Explanatory notes by Ganganath Jha:

‘Govraje’ — ‘The path by which, or the place at which, cows go to graze’ (Medhātithi); — ‘cow-pen’ (Kullūka and Govindarāja).

This verse is quoted in its second half in Aparārka, (p. 179); — in Vīramitrodaya (Āhnika, p. 33), where ‘Govraja’ is explained as ‘Goṣṭha’; — in Smṛtitattva (p. 329); — in Vidhānapārijāta (II, p. 153); — in Nityācārapradīpa, (p. 250); — and in Saṃskāramayūkha (p. 71).

 

Comparative notes by various authors:

(verses 4.45-49)

Yama (Vīramitrodaya-Āhnika, p. 35). — ‘Pools, tanks, streams, hills, cowdung, ashes, ploughed fields, — these he shall avoid; as also chaff, fire-embers, potsherds, temples, public roads, cremation-ground, fields and harvesting enclosures; he shall not do it in a shady place, or on a visible road-crossing, or on beautiful spots; water, proximity of water, path, tree-bases, worshipped trees and holes, — these he shall avoid.

Brhannāradīya (Do., p. 37). — ‘On the road, in the cowpen, on river-bank, in a tank, near a wall, under the shade of trees, in a forest, near the fire, near Brāhmaṇas, cows, or elderly women, — one shall not pass stool or urine.’

Gautama (9.45.13). — Not on ashes, nor on dry cowdung, nor on cultivated ground. He shall not pass urine or excreta or throw any impure things, while looking towards the wind, the fire, the Brāhmaṇa, the water, deities or cows.’

Kūrmapurāṇa (Vīramitrodaya-Āhnika, pp. 35 and 38). — ‘Not near a garden, or a water-reservoir, or on barren ground, or on ground rendered unclean by others; nor with shoes or sandals on; nor with umbrella, nor in the sky nor facing women, or elders, or Brāhmaṇas, or cows, or temples, or deities, or stars, or the wind.’

Vaśiṣṭha (11). — ‘Urination should not be done in a river; nor on ashes, nor on cowdung, nor in ploughed fields, nor in fields sown with seed, nor on grass.’

Hārīta (Vīramitrodaya-Āhnika, p. 35). — ‘He shall not pass urine or stool either in the public square or near the side-gate; nor in a tīrtha, or sacrificial ground, or under sacrificial trees.’

Baudhāyana (3.2.44). — ‘He shall not bathe naked.’

Viṣṇu (60.11). — ‘Not on the road, nor on ashes, nor in haunts of cows.’

Viṣṇu (Aparārka, p. 180). — ‘He shall not pass urine or stool on barren ground; nor near a garden or a water-reservoir; nor in the sky.’

Viṣṇu (64.5). — ‘Nor naked (shall he bathe).’

Viṣṇu (68.14). — ‘Nor with a single cloth.’

Viṣṇu (60.4-22). — ‘[He shall not urinate or pass stool) on ploughed ground; nor under a shadow; nor on barren ground; nor on grass; nor where there are living creatures; nor in a hole; nor on an ant-hill, nor on the road; nor on the lane; nor in a garden; nor near a garden or a water-reservoir; nor on ashes; nor on fire-embers; nor on cowdung; nor in places haunted by cows; nor in the sky; nor in water; nor before the wind, the fire, the moon, the sun, a woman, the preceptor or the Brāhmaṇa.’

Viṣṇupurāṇa (Vīramitrodaya-Āhnika, p. 36). — ‘One shall never urinate in one’s own shadow, or in the shade of a tree, or facing the cow, the sun, fire, wind, elders or twice-born men.’

Āpastamba Dharmasūtra (1.30.18). — ‘One shall not urinate or pass stool with shoes on; — nor on ploughed ground, nor on the path, nor in water. Spitting and sexual intercourse also should be avoided in water. He shall avoid urinating and passing of stool in the presence of fire, the sun, water, Brāhmaṇas, cows, or deities.’

Āpastamba Dharmasūtra (Vīramitrodaya-Āhnika, p. 36). — ‘He shall avoid the passing of urine and stool under the shade.’

Yājñavalkya (1.131). — ‘He shall not eat within sight of his wife, nor with a single cloth, nor standing.’

Yājñavalkya (1.134). — ‘He shall not urinate in a river, or under shade, or on the path, or in water, or on ashes; nor before the fire, or the sun, or the cow, or the moon, or water, or twice-born men.’

Śāṅkhāyana Gṛhyasūtra (Vīramitrodaya-Āhnika, p. 38). — ‘Not facing the sun, nor with knees towards the sun.’

Āśvalāyana Gṛhyasūtra (3.9.6). — ‘He shall not bathe during the night; he shall not bathe naked; he shall not sleep naked; he shall not look at a naked woman, except... he shall not run while it is raining.’

Pāraskara (2.7.6). — ‘Looking at sunrise, tree-climbing, fruit-gathering, naked bathing,...... these he shall not do; — nor shall he beg for food after bathing.’

Do. (2.7.15). — ‘He shall not urinate or pass stool on fertile ground, or on bare ground, or while walking or standing.’

Śaṅkha. — ‘One shall not urinate either on cowdung or on ploughed ground, or in a sown field, or on grass, or on ṭhe cremation-ground, or on an ant-hill, or on the path, or in a place where grains are husked, or in a place where cattle congregate, or in a hole, or on a hill, or on a sandbank; — since all these are the receptacles of living beings.’

Do. (p. 180). — ‘he shall not urinate facing the sun; those who do it, facing the sun or the wind or the cow or the Brāhmaṇas, or the moon, or the water or the twilights or the public road, lose their intelligence and become short-lived.’

Devala (Do.). — ‘One shall not pass urine or stool on road-crossings and side-gates, nor in ploughed fields, nor in a field with standing corns, nor in sacrificial ground, nor under sacrificial trees.’

Śaṅkha-Likhita (Do., p. 180). — ‘He shall not pass urine or stool in an uncovered place; nor with his lower garment on, nor naked.’

 

 

VERSE 4.46

Section IX - Personal Cleanliness

 

न फालकृष्टे न जले न चित्यां न च पर्वते ।
न जीर्णदेवायतने न वल्मीके कदा चन ॥४६॥

na phālakṛṣṭe na jale na cityāṃ na ca parvate |
na jīrṇadevāyatane na valmīke kadā cana ||46||

 

Nor on ploughed land, nor in water, nor on an oven, nor on a mountain, nor in a ruined temple, nor on an ant-hill. (46)

 

Medhātithi’s commentary (manubhāṣya):

‘Oven’ — a structure of bricks, for the depositing of fire. ‘Mountain’ — here stands for forests and gardens; as the mountain-top is going to be specifically forbidden (in the next verse). If the word were really meant to stand for the mountain itself, and the prohibition applied to the mountain as a whole, then people living on the mountains would have to go without passing urine at all.

‘Ant-hill’ — the mound of earth set up by insects. — (46)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 179); — in Vīramitrodaya, (Āhnika, p. 33), which explains ‘cityām’ as the Śyena and other altars built of bricks, or ‘at a place where a dead body has been cremated’ (according to some); and in connection with ‘dilapidated temples’ it remarks that, inasmuch as the making of water in all kinds of temples is expressly forbidden, the addition of the epithet ‘dilapidated’, ‘jīrṇa’, must be understood to have been added with a view to the perceptible physical danger involved in the act, — i. e., of loose bricks and other things falling and the like; — ‘Valmīka’ is ‘the mound of mud collected by a particular kind of insect’

This verse is quoted also in Smṛtitattva (p. 329); — in Vidhānapārijāta (II, p. 153); — and in Nityācārapradīpa, (p. 250), which explains ‘cityām’ as ‘On a fire-altar.’

 

Comparative notes by various authors:

(verses 4.45-49)

See Comparative notes for Verse 4.45.

 

 

VERSE 4.47

Section IX - Personal Cleanliness

 

न ससत्त्वेषु गर्तेषु न गच्छन्नपि न स्थितः ।
न नदीतीरमासाद्य न च पर्वतमस्तके ॥४७॥

na sasattveṣu garteṣu na gacchannapi na sthitaḥ |
na nadītīramāsādya na ca parvatamastake ||47||

 

Nor in holes inhabited by living creatures, nor walking, nor standing, nor on reaching the banks of a river, nor on the mountain-top. — (47)

 

Medhātithi’s commentary (manubhāṣya):

‘Nor walking, nor standing.’ — By the prohibition of passing urine while walking or standing, it is implied that one should pass urine sitting. Nor very close to the river, nor in the river itself; that is to be regarded as ‘very close’ where there is fear of the urine touching the river.

“Mountain-top” — Peak. — (47)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 179), which adds that, the ‘parvata’ having been already mentioned in the preceding verse, the ‘top of the mountain’ is mentioned here with a view to indicate that if, under certain circumstances, it cannot be avoided, one may pass urine on a mountain elsewhere than on the ‘top’; — and in Vīramitrodaya (Āhnika, p. 33), which quotes only the first foot, and explains ‘sasattveṣu’ as ‘with living creatures’; the second foot being quoted on p. 37, where ‘sthitaḥ’ is explained as ‘standing’.

 

Comparative notes by various authors:

(verses 4.45-49)

See Comparative notes for Verse 4.45.

 

 

VERSE 4.48

Section IX - Personal Cleanliness

 

वायुअग्निविप्रमादित्यमपः पश्यंस्तथैव गाः ।
न कदा चन कुर्वीत विण्मूत्रस्य विसर्जनम् ॥४८॥

vāyuagnivipramādityamapaḥ paśyaṃstathaiva gāḥ |
na kadā cana kurvīta viṇmūtrasya visarjanam ||48||

 

One should never pass faeces or urine, while looking at the wind or fire, or a Brāhmaṇa, or the sun, or water, or cows. — (48)

 

Medhātithi’s commentary (manubhāṣya):

What is meant is that one shall not do the act facing the wind; and the other things he shall not look at, while urinating, even by turning his body towards them. Since wind is colourless, its seeing can only he ascertained by seeing the flight of leaves, hits of earth and other things waft

ed by the wind. This prohibition would be incongruous if it applied to the entire air-circle (atmosphere); since wind is blowing everywhere. — (48)

As a commendatory supplement to this we have the next verse.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 43), which explains ‘paśyan’ as ‘before’, ‘sammukhaḥ’; — and in Vīramitrodaya (Āhnika, p. 37), which explains ‘paśyan’ as ‘looking at, in front of’, in order to make it applicable to the wind, which is not ‘visible’ with the eye.

 

Comparative notes by various authors:

(verses 4.45-49)

See Comparative notes for Verse 4.45.

 

 

VERSE 4.49

Section IX - Personal Cleanliness

 

प्रत्यग्निṁ प्रतिसूर्यṁ च प्रतिस्ōम्ōदकद्विजम् ।
प्रतिगु प्रतिवातṁ च प्रज्ञा नश्यति म्ēहतः ॥४९॥

pratyagniṁ pratisūryaṁ ca pratisōmōdakadvijam |
pratigu prativātaṁ ca prajñā naśyati mēhataḥ ||49||

 

The intelligence of a man perishes, if he passes urine, facing the fire, the sun, the moon, the water, the Brāhmaṇa, the cow and the wind. — (49)

 

Medhātithi’s commentary (manubhāṣya):

“Since it has been laid down that one should pass urine, facing the north, — and the sun rises in the east, — how can one ever face the sun, in view of which possibility we have the present prohibition?”

The present verse is a commendatory supplement; just like the assertion — ‘not in the sky, nor in heaven, &c.’ Then again, during the northern solstice, the sun moving towards the north, it would be possible to face the sun. Or, the prohibition may be taken as meant for the common people (who may not know the rule regarding urinating with face towards the north).

Some people read ‘pratisandhyam.’ But this is not right; because regarding the passing of urine we have the rule that ‘during the two twilights it shall be done as during the day;’ and also because the forcible checking of urine, etc., has been forbidden. For these reasons, we should read ‘prativātam,’ facing the wind.’

This verse is supplementary to the foregoing one.

‘Mehakaḥ’ — may be construed either as ending with the Present-participial affix ‘śatṛ,’ or with the affix ‘tas’ (having the sense of the Ablative); the meaning being — ‘the man passing urine,’ or ‘by the passing of urine.’ — (49)

 

Explanatory notes by Ganganath Jha:

This verse, which is 52 in Buhler, Burnell and Kullūka and other commentators, is 49 according to Medhātithi, who remarks that ‘some people do not read this verse in the present Discourse’. It is interesting, in the light of this remark, to note that this verse is not quoted in any of the important Nibandhas.

This verse is quoted in Nityācārapradīpa (p. 248), which explains ‘saṃvītāṅgaḥ’ as ‘with the sacred thread hanging by the neck.’

 

Comparative notes by various authors:

(verses 4.45-49)

See Comparative notes for Verse 4.45.

 

 

VERSE 4.50

Section IX - Personal Cleanliness

 

तिरस्कृत्योच्चरेत् काष्ठलोष्ठपत्रतृणादिना ।
नियम्य प्रयतो वाचं संवीताङ्गोऽवगुण्ठितः ॥५०॥

tiraskṛtyoccaret kāṣṭhaloṣṭhapatratṛṇādinā |
niyamya prayato vācaṃ saṃvītāṅgo'vaguṇṭhitaḥ ||50||

 

He shall pass it after placing a stick, or a clod, or leaves, or grass, or some such thing, restraining his speech, clean, his b ody wrapped and covered. — (50)

 

Medhātithi’s commentary (manubhāṣya):

‘Tiraskṛtya’ — ‘placing between’ — the stick, etc.; on that he shall pass urine. Or, ‘tiraskṛtya’ may mean ‘having covered;’ in which case, the meaning would be that ‘he should cover the ground with sticks and then pass urine.’ In this latter case, the reading with the lnsturmental-ending — ‘tṛṇādinā — would be clearer; the construction being — ‘having covered with sticks or with clods, or with leaves, or with grass.’

‘Pass it’ — i.e., pass urine and evacuate his bowels.

‘Restraining his speech, clean’ — i.e., with mouth not unwashed (not having anything in his mouth).

‘Body wrapped’ — covered with cloth.

‘Covered’ — the head tied up. The rule prescribed is — ‘with the sacred thread on his ear, etc.’ — (50).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 34), which explains the meaning to be that ‘one should cover the ground either with sticks, or with clods, or with leaves, or with grass and then ease himself,’ — ‘saṃvītāṅgaḥ’ means ‘with body wrapped’, and ‘avaguṇṭhitaḥ’, ‘with head covered’; — in Vīramitrodaya (Āhnika, p. 25), which explains ‘vācam niyamya’ as ‘silent’, — ‘saṃvītaṅgaḥ’ as ‘with the sacred thread hanging by the neck over the back’; — it notes that Kullūka and others explain the word as ‘with body wrapped’, — and ‘avaguṇṭhitaḥ’ as ‘with head covered’; — in Smṛtikaumudī (p. 57); — in Nṛsiṃhaprasāda (Āhnika, p. 3a); — and in Kṛtyasārasamuccaya (p. 45), which explains ‘uccāra’ as ‘stools’, — ‘samutsarga’ as ‘evacuation’.

 

Comparative notes by various authors:

(verses 4.50-51)

Bṛhannāradīya (Vīramitrodaya-Āhnika, p. 28). — ‘During the day and the twilights, facing the north, at night, facing the south, he shall pass urine and stool.’

Gautama (9.38). — ‘Urination and stooling [Should be done with body covered].’

Baudhāyana (1.5.68). — ‘Placing on the ground dry grass, or wood which is not sacrificial, or earth-clod, — facing the north during the day and the south during the night, — and covering his head, — he shall urinate and pass stool.’

Āpastamba Dharmasūtra (1.30.14-15). — ‘During the day, covering of the head should he avoided, except during urination and stooling. Urination and stooling shall he done with covered head and after placing something on the ground.’

Do. (1.31.1). — ‘Facing the east, he shall eat food; facing the south, he shall pass it out; facing the north, he shall urinate; facing the west, he shall wash his feet.’

Vaśiṣṭha (12-10). — ‘With head wrapped up, placing on the ground such grass as is not sacrificial, he shall urinate and pass stool.’

Do. (6.10). — ‘Both urinating and stooling he shall dofacing the north during the day; and the south during the night. Thus is life not cut short.’

Viṣṇu (60.1, 3, 23). — ‘Rising at the Brahmic moment, he shall go to stool and urinate; hut not on uncovered ground, nor with head uncovered.’

Do. (60.2). — ‘Facing the south at night, and the north in the day and at the twilights.’

Pāraskara (2.7.15). — ‘On fertile ground, covered over, one shall urinate and stooling but not walking or standing.’

Hārīta (Vīramitrodaya-Āhnika, p. 25). — Covering the mouth and the nostrils with cloth, he shall pass stool.’

Yājñavalkya (1.16). — ‘During the day, and at the twilights one shall perform urination and stooling with the sacred thread resting on his ears — facing the north; but at night, facing the south.’

Yama (Aparārka, p. 34). — ‘The passing of urine and Stool should be done with head covered, covering the ground with such grass as are not sacred or wet; facing the west in the forenoon, and the east in the afternoon, and the south at night.’

Aṅgiras (Aparārka, p. 34). — ‘Covering the ground with grass, and covering his head with cloth, with speech in check, avoiding spitting and breathing one shall pass urine and stool on a clear spot.’

Vāyupurāṇa (Vīramitrodaya-Āhnika, 25) — ‘Covering the ground with dry grass or wood or leaves or split bamboo or earthen vessels.’

 

 

VERSE 4.51

Section IX - Personal Cleanliness

 

मूत्रोच्चारसमुत्सर्गं दिवा कुर्यादुदङ्मुखः ।
दक्षिणाऽभिमुखो रात्रौ सन्ध्यायोश्च यथा दिवा ॥५१॥

mūtroccārasamutsargaṃ divā kuryādudaṅmukhaḥ |
dakṣiṇā'bhimukho rātrau sandhyāyośca yathā divā ||51||

 

He shall do the passing of urine and faeces during the day, with his face towards the north; and at night, with face towards the south; and at the two twilights as during the day. — (51)

 

Medhātithi’s commentary (manubhāṣya):

‘Samutsarga’ — passing. — (51)

 

Explanatory notes by Ganganath Jha:

Burnell is not right in saying that “Medhātithi omits this verse” (see Translation). He adds — “The verse occurs in the Mahābhārata 13.104.76, following the one that is equivalent to Manu 52, but with the var. lec. (a) ubhe mūtrapurīṣe tu (b) (in the second pāda) tathāhyāyurna ṛsyate.”

This verse is quoted in Vīramitrodaya (Āhnika, p. 27), which explains ‘yathādivā’ as ‘facing the North’; — and again on p. 30; — in Smṛtitattva (p. 328), which explains ‘uccāra’ as ‘excreta’; — in Vidhānapārijāta (p. 152); — in Smṛtisāroddhāra (p. 265), which notes that the freedom herein set forth is meant only for occasions when one is unable to determine the exact directions, and when there is danger to life; — in Kṛtyasārasamuccaya (p. 45), which explains ‘prāṇabādhābhayeṣu’ as ‘when there is danger to life from tigers and other things’; — in Nṛsiṃhaprasāda (Āhnika, p. 3b); — and in Nityācārapradīpa (p. 250).

 

Comparative notes by various authors:

(verses 4.50-51)

See Comparative notes for Verse 3.50.

 

 

VERSE 4.52

Section IX - Personal Cleanliness

 

छायायामन्धकारे वा रात्रावहनि वा द्विजः ।
यथासुखमुखः कुर्यात् प्राणबाधभयेषु च ॥५२॥

chāyāyāmandhakāre vā rātrāvahani vā dvijaḥ |
yathāsukhamukhaḥ kuryāt prāṇabādhabhayeṣu ca ||52||

 

In the shade, or in darkness, the Brāhmaṇa may — during the day or the night — do it, with his face towards any direction he pleases; as also where there is danger to life, and when there is fear.’ — (52)

 

Medhātithi’s commentary (manubhāṣya):

‘Shade’ — i.e., where the sun’s rays are shut out by walls or doors, etc.

‘Darkness’ — the obstruction of light by clouds or fogs or eclipses or by night.

‘With his face towards any direction he pleases.’ — He shall pass urine with his face towards that direction which he finds convenient.

This rule pertains to such ‘darkness’ as makes it impossible for the directions to be determined.

‘Danger to life,’ and ‘fear’ — due to thieves, etc. — (52)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 42), which adds that this applies to cases where, on account of mist or fog, the man is unable to ascertain the directions.

It is quoted in Vīramitrodaya (Āhnika, p. 30), which adds the following explanation: — During the night, in shade or in darkness, — and during the day, in shade or in darkness caused by fog etc., — and during suffering to life caused by disease etc., — and in danger due to thieves, tiger and such other things; — Kullūka Bhaṭṭa reads ‘prāṇabādhābhayeṣu’ and explains it to man ‘when there is danger to life at the hands of thieves etc.,’ — ‘one should do’ — i.e., the ‘mūtrocchārasamutsargam’ (of the preceding verse). This verse supplies an exception to the law regarding the facing of the North or the East etc.; so that this latter law remains applicable to the day, when there is light, and also to the night when there is moon-light. This view has the support of Kalpataru. In view of the present verse specifying ‘day and night’, the facing of the North remains compulsory at the two twilights. The author of Smṛticandrikā, Mādhavācḥārya, Kullūka Bhaṭṭa and others have held the view that the first half applies to cases where one has lost all sense of direction; but this view has been rejected on the ground that there is no authority for restricting the rule in this manner.

This is quoted in Smṛtitattva (p. 329); — in Vidhānapārijāta (II, p. 152), which also adds that this refers to cases where the man has lost all sense of direction; — and in Aparārka (p. 34).

 

Comparative notes by various authors:

Vaśiṣṭha (6.13). — [Reproduces Manu.]

 

 

VERSE 4.53

Section IX - Personal Cleanliness

 

नाग्निं मुखेनोपधमेन्नग्नां नैक्षेत च स्त्रियम् ।
नामेध्यं प्रक्षिपेदग्नौ न च पादौ प्रतापयेत् ॥५३॥

nāgniṃ mukhenopadhamennagnāṃ naikṣeta ca striyam |
nāmedhyaṃ prakṣipedagnau na ca pādau pratāpayet ||53||

 

He shall not blow fire with the mouth; nor shall he look at a naked woman. He shall not throw an unclean thing into fire; nor shall he warm his feet at it. — (53)

 

Medhātithi’s commentary (manubhāṣya):

Fire should be blown with deer-skin-fans and such things.

‘He shall not look at a naked woman’ — ‘apart from sexual intercourse,’ says another Smṛti-text.

‘Unclean thing’ — ‘ameḍhya — ‘medha’ means- sacrifice; ‘medhya’ is fit for use at sacrifice; and ‘amedhya’ is unfit for use at sacrifices; such things, for instance, as onions, urine, excreta, and so forth. Anything like this, he shall not throw into fire.

He shall not raise his feet directly towards the fire and warm them at it. There is no objection to the feet being covered and then warmed for the purpose of exciting perspiration. — (53).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 181); — and in Mitākṣarā (on 1.137).

 

Comparative notes by various authors:

Gautama (9.33). — ‘Blowing fire with the mouth, wrangling, obtrusive wearing of garlands and sandal-paste, eating with his wife, looking at the wife applying collyrium to her eyes, entering by the wrong door, eating while seated on the chair, swimming in the river, climbing trees, — these he shall avoid.’

Āpastamba Dharmasūtra (15.20). — ‘He shall not blow (the fire, carelessly).’

Do. (30.20). — ‘He shall not stretch his legs towards fire, water, Brahmaṇas, Deities, wind.’

Vaśiṣṭha (12.27). — ‘He shall not blow the fire with his mouth.’

Viṣṇu (72.26.37). — ‘He shall not look at the naked woman, — he shall not throw any unclean object into the fire, — he shall not warm his feet over the fire.’

Do. (Aparārka, p. 182). — ‘Blood or poison he shall not throw into the fire.’

Yājñavalkya (1.135). — ‘He shall not look at the sun, nor at the naked woman, nor at the woman immediately after intercourse, nor at the urine or at the stool, nor at unclean things, nor at the eclipse or at the stars.’

Yajñavalkya (1.137). — ‘He shall not throw into the water spittings or blood, or ordure or urine or semen; he shall not warm his feet over the fire; nor shall he cross over it.’

Āśvalāyana Gṛhyasūtra (3.9.6). — ‘He shall not bathe at night; he shall not bathe naked; he shall not sleep naked; he shall not look at ṭhe naked woman, except...... he shall not run in the rain.’

Yama (Aparārka, p. 181). — ‘The worshipping tree one shall not cut; nor throw phlegm, semen, poison, urine, ordure, blood, bones, ashes, potsherds, hair or thorns into water.’

Kātyāyana (Do.). — ‘Either before or after the offering of oblations one shall not blow the fire with the hand, or with the winnowing basket or with the sphya or fans. He shall blow the fire with the mouth alone, as from the mouth was fire born; the prohibition of blowing fire with the mouth is applied to the ordinary (not sacrificial) fire.’

Devala (Do.). — ‘One shall not throw fire into the fire, nor quench it with water.’

 

 

VERSE 4.54

Section IX - Personal Cleanliness

 

अधस्तान्नोपदध्याच्च न चैनमभिलङ्घयेत् ।
न चैनं पादतः कुर्यान्न प्राणाबाधमाचरेत् ॥५४॥

adhastānnopadadhyācca na cainamabhilaṅghayet |
na cainaṃ pādataḥ kuryānna prāṇābādhamācaret ||54||

 

He shall not place fire under himself; nor shall he step over it; he shall not place it under his feet. He shall not do anything dangerous to life. — (54)

 

Medhātithi’s commentary (manubhāṣya):

While lying upon his head, he should not place the fire-pan underneath it. ‘Upadhāra’ means placing.

‘Stepping over’ — passing along — after having jumped over it.

‘Under his feet;’ — ie., he shall not place it in a place where he might put his foot upon it.

‘Anything dangerous to life’ — such as too laborious work, or running with too much force, and so forth; these he should not do. — (54).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.137); — and in Aparārka (p. 181).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.16.21). — ‘He shall not place the fire on the bedstead.’

Do. (1.12.6). — ‘He shall not pass between the fire and the Brāhmaṇa.’

Viṣṇu (37.36). — ‘He shall not cross over the fire.’

Yājñavalkya (1.137). — ‘He shall not cross over the fire.’

 

 

VERSE 4.55

Section IX - Personal Cleanliness

 

नाश्नीयात् सन्धिवेलायां न गच्छेन्नापि संविशेत् ।
न चैव प्रलिखेद् भूमिं नात्मनोऽपहरेत् स्रजम् ॥५५॥

nāśnīyāt sandhivelāyāṃ na gacchennāpi saṃviśet |
na caiva pralikhed bhūmiṃ nātmano'paharet srajam ||55||

 

At junction-time, he shall not eat, nor travel, nor sleep. He shall not scratch the ground; and he shall not remove his own garland. — (55).

 

Medhātithi’s commentary (manubhāṣya):

‘Junction-time’ — twilight.

‘Saṃveśana’ — is sleeping.

Vedic Study also during twilight is going to be forbidden later on. Another Smṛti has forbidden intercourse with women also, during twilight, e.g. — ‘At the time of twilight, one shall avoid four acts — eating, sexual intercourse, sleeping and reading.’

‘He shall not scratch the ground.’ — What is forbidden is the tearing of the ground, and not the writing of letters, &c., with a writing-brush and such things.

‘He shall not remove his own garland.’ — Flowers stringed together are called ‘garland;’ and when one has placed this upon his head, or on his neck, he himself should not remove it, — either because it has faded or because it is found to be too burdensome. What is meant is that he shall have it removed by another person.

Some people assert that the whole of the verse pertains to the time of twilight. — (55).

 

Explanatory notes by Ganganath Jha:

The first quarter of this verse is quoted in Mitākṣarā (on 3.290).

 

Comparative notes by various authors:

Viṣṇu (63.8). — ‘Not at the twilights (shall he travel).’

Viṣṇu (68.12). — ‘Not, at the twilights (shall he eat).’

Viṣṇu (71.42). — ‘He shall not scratch the ground.’

Viṣṇu (71.55). — ‘He shall not remove his own garland.’

 

 

VERSE 4.56

Section IX - Personal Cleanliness

 

नाप्सु मूत्रं पुरीषं वा ष्ठीवनं वा समुत्सृजेत् ।
अमेध्यलिप्तमन्यद् वा लोहितं वा विषाणि वा ॥५६॥

nāpsu mūtraṃ purīṣaṃ vā ṣṭhīvanaṃ vā samutsṛjet |
amedhyaliptamanyad vā lohitaṃ vā viṣāṇi vā ||56||

 

He shall not throw into water urine, or faeces, or spittings, or anything else contaminated by unclean things, or blood or poisons. — (56).

 

Medhātithi’s commentary (manubhāṣya):

‘Lohita’ — Blood.

‘Poisons.’ — The plural number is used, in view of there being several kinds of poison, which are divided into ‘natural’ and ‘artificial,’ or into ‘moveable’ and ‘immoveable,’ or into the various varieties of ‘gara’ and the rest. — (56).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.30.18). — ‘He shall not urinate or stool with shoes on; nor in a ploughed field, nor on the path, nor in water; such acts also he shall avoid as spitting in water.’

Viṣṇu (71.32.35). — ‘He shall not throw any unclean thing into the fire, nor blood, nor poison; — not also in water.’

Yājñavalkya (1.137). — ‘He shall not throw into water spittings, or blood, or faeces, or urine, or semen.’

 

 

VERSE 4.57

Section IX - Personal Cleanliness

 

नैकः सुप्यात्शून्यगेहे न श्रेयांसं प्रबोधयेत् ।
नोदक्ययाऽभिभाषेत यज्ञं गच्छेन्न चावृतः ॥५७॥

naikaḥ supyātśūnyagehe na śreyāṃsaṃ prabodhayet |
nodakyayā'bhibhāṣeta yajñaṃ gacchenna cāvṛtaḥ ||57||

 

Alone he shall not sleep in a deserted house. He shall not offer advice to his superior. He shall not converse with a woman in her courses. He shall not go to a sacrifice uninvited. — (57).

 

Medhātithi’s commentary (manubhāṣya):

‘Deserted house’ — i.e., one in which no one lives.

‘His superior.’ — One who is inferior, in occupation (learning, wealth, &c.), shall not address to his superior such words of advice as ‘this is proper for you,’ ‘that is improper,’ and so forth, accompanied by a statement of reasons and arguments.

‘Udakī’ — a woman in her courses; — with her he shall carry on no conversation.

‘He shall not go uninvited to a sacrifice,’ — i.e., to a place where a sacrifice is being performed. Gautama has said — ‘For merely seeing it, he may go, if he desires’ (9-55); hence the present prohibition pertains to such things as eating and the like at sacrifices, without invitation. — (57).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (p. 71), which explains ‘avṛtah’ as ‘without invitation from the sacrificer’, he should not go to a sacrifice, with the purpose of getting something; there is nothing wrong in merely going to see the performance, as distinctly stated by Gautama.

 

Comparative notes by various authors:

Gautama (9.54-55). — ‘Uninvited, he shall not go to a sacrifice; but only for seeing it he may go, if he desires.’

Vaśiṣṭha (12.39.40). — ‘Uninvited, he shall not go to a sacrifice; in case he does go, he shall turn back in such a manner as to leave it on his right.’

Viṣṇu (70.13). — ‘He shall not sleep either in the cremation-ground, or in an empty temple or in an empty house.’

Do. (71.56.58). — ‘He shall not arouse a sleeping man; he shall not converse with a woman in her courses.’

Yājñavalkya (1.137). — ‘He shall not drink water with joined hands; he shall not arouse a sleeping man.’

 

 

VERSE 4.58

Section IX - Personal Cleanliness

 

अग्न्यगारे गवां गोष्ठे ब्राह्मणानां च संनिधौ ।
स्वाध्याये भोजने चैव दक्षिणं पाणिमुद्धरेत् ॥५८॥

agnyagāre gavāṃ goṣṭhe brāhmaṇānāṃ ca saṃnidhau |
svādhyāye bhojane caiva dakṣiṇaṃ pāṇimuddharet ||58||

 

In the abode of fire, in the cow-pen, in the presence of Brāhmaṇas, during the reading of Vedas, at the time of eating, he shall uncover his right hand. — (58).

 

Medhātithi’s commentary (manubhāṣya):

The term ‘goṣṭha,’ ‘pen’ signifies the dwelling-place; and it is a different word from the compound [ go + sthā, which means an abode of cows, and with which, therefore, the word ‘gavām,’ ‘of cows,’ would be superfluous].

‘Brāhmaṇas.’ — Significance is meant to be attached to the plural number. [What is prescribed is to be done only when there are many Brāhmaṇas present].

‘Hand’ stands for the arm.

‘Eating.’ — When he himself is eating. — (58).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Paribhāṣā, p. 90), which explains ‘gavām goṣṭhe’ as ‘goviśisṭe goṣṭhe’, — and ‘dakṣiṇam etc.’ as ‘he should place the upper cloth on his left shoulder and keep the right one outside the cloth’; — and in Saṃskāramayūkha (p. 71).

 

Comparative notes by various authors:

Baudhāyana (2.3.58). — [Reproduces Manu, reading ‘madhye’ for ‘goṣṭhe’].

Viṣṇu (71.60). — ‘He shall raise his right arm in the presence of fire, gods and Brāhmaṇas.’

Āpastamba (Vīramitrodaya-Paribhāṣā, p. 90). — ‘In a temple, at Śrāddhas, in cow-pens, at sacrifices, near Brāhmaṇas, during the twilights, at meeting saintly men, in the fire-house, at marriages, during Vedic-study, during meals, one shall raise the right arm.’

Mahābhārata (12.193.20). — [Same as Manu, the first line being read as ‘Devāgāre gavūm madhye brāhmaṇānām kriyāpathe.’]

 

 

VERSE 4.59

Section IX - Personal Cleanliness

 

न वारयेद् गां धयन्तीं न चाचक्षीत कस्य चित् ।
न दिवीन्द्रायुधं दृष्ट्वा कस्य चिद् दर्शयेद् बुधः ॥५९॥

na vārayed gāṃ dhayantīṃ na cācakṣīta kasya cit |
na divīndrāyudhaṃ dṛṣṭvā kasya cid darśayed budhaḥ ||59||

 

He shall not prevent a heifer while she is drinking, nor shall he point her out to anybody. Having seen the rainbow in the sky, the wise man shall not show it to any person. — (59)

 

Medhātithi’s commentary (manubhāṣya):

When a heifer — either his own or some-body’s — is drinking water or milk, he shall not prevent her; nor shall he tell of it to another person.

This rule refers to the time before milking. During milking, it has been enjoined that the flow of milk is to be accelarated (by keeping the calf near, and preventing it from sucking).

The feminine gender (in ‘dhāyantim’) implies that there is no harm in preventing a male calf from sucking.

‘Rainbow’; — that which is called ‘Śakradhanuṣ’ and ‘Vijñanacchāyā’ in Kaśmir. ‘In the sky;’ — this is a needless reiteration. But some people have explained that this has been added for the purpose of indicating that there is no harm in seeing and showing the rainbow when it appears over a mountain. — (59)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (pp. 71 and 68); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 71b).

 

Comparative notes by various authors:

Gautama (9.24-25). — ‘When a heifer is drinking, he shall not point her out to another person; nor shall he prevent her.’

Baudhāyana (2.3.32, 33, 38). — ‘He shall not tell another person — there is the rainbow; — if he does speak of it, he should call it the jewel-bow; he shall not tell another person of the heifer drinking.’

Āpastamba Dharmasūtra (1.31.9, 10, 16). — ‘He shall not point out to another person the cow that may he hankering after something; nor shall he, without sufficient reason, point her out to another person while she is joined by the calf; he shall not tell another person — there is the rainbow.’

Yājñavalkya (1.140.). — ‘He shall not point out the drinking heifer; nor shall he enter anywhere except through the proper gate.’

Viṣṇu (71.61-62). — ‘He shall not give Information regarding the cow that may be grazing in another man’s field; nor shall he point out the calf that may be drinking milk.’

 

 

VERSE 4.60

Section IX - Personal Cleanliness

 

नाधर्मिके वसेद् ग्रामे न व्याधिबहुले भृशम् ।
नैकः प्रपद्येताध्वानं न चिरं पर्वते वसेत् ॥६०॥

nādharmike vased grāme na vyādhibahule bhṛśam |
naikaḥ prapadyetādhvānaṃ na ciraṃ parvate vaset ||60||

 

He shall not dwell long in an unrighteous village, nor in one abounding in sickness. Alone, he shall not undertake a journey; nor shall he reside for long on a mountain. — (60)

 

Medhātithi’s commentary (manubhāṣya):

The village, inhabited by many such persons as have committed sins of varying grades of seriousness, is, by reason of their presence, called ‘unrighteous.’ In such a village he shall not dwell. The term ‘village’ stands for human dwelling-places; hence the prohibition applies to cities also.

A marshy country abounds in sickness; in such a country, and in a desert, which also abounds in sickness, he shall not dwell. He shall also leave a country where by chance some epidemic might begin to rage.

‘Alone’ — without a companion — ‘he shall not undertake a journey.’ — (60)

 

Comparative notes by various authors:

(verses 4.60-61)

Viṣṇu (63.2). — ‘He shall not go on a journey, alone.’

Do. (72.64-68). — ‘He shall not live in the kingdom of a Śūdra; nor in a place crowded with unrighteous people; he shall not live in a place where there is no physician; nor in a place frequented (by low castes); he shall not dwell for long on a mountain.’

Āpastamba Dharmasūtra (16-22). — ‘The dwelling of the Brāhmaṇa should be in a place where there is abundance of fuel and water, and where moving about is dependent upon himself.’

Āpastamba Dharmasūtra (32.18). — ‘He shall not attend on Śūdras; nor shall he dwell in places controlled by Śūdras.’

Baudhāyana (2.3.51). — ‘The righteous man should try to live in a village where there is abundance of fuel and water, of fodder, sacrificial fuel, kuśa-grass and garlands, which is inhabited by wealthy persons, where idle men do not abound, where cultured people abound, and which cannot be entered by robbers.’

 

 

VERSE 4.61

Section IX - Personal Cleanliness

 

न शूद्रराज्ये निवसेन्नाधार्मिकजनावृते ।
न पाषण्डिगणाक्रान्ते नोपस्षृटेऽन्त्यजैर्नृभिः ॥६१॥

na śūdrarājye nivasennādhārmikajanāvṛte |
na pāṣaṇḍigaṇākrānte nopasṣṛṭe'ntyajairnṛbhiḥ ||61||

 

He shall not dwell in a country with a Śūdra King; nor in one surrounded by unrighteous persons; nor in one occupied by impostors;. nor in one frequented by men of the lowest castes. — (61)

 

Medhātithi’s commentary (manubhāṣya):

‘Kingship’ consists in ruling over a country; he shall not dwell in a country which is under the sway of a Śūdra. The term ‘King’ here stands for the seven constituents of Kingship, — vis., the minister! the commander of the army, the judge, and so forth; and the present verse forbids dwelling in a country where all of them belong to the Śūdra caste.

Objection: — “It having been already said that he shall not dwell in an unrighteous village, what is meant by ‘in a country surrounded by unrighteous persons’ is already implied.”

There is no force in this objection. The former prohibition refers to dwelling in a place inhabited by unrighteous persons; while what the present verse means is that one shall not live in a place where unrighteous persons, living elsewhere, may happen to congregate. That is why the text has used the term ‘surrounded;’ the sense being that ‘one shall not stay at a place which is crowded by such persons.’

Similarly with the country swarming with ‘impostors.’ Though these also, being outside the pale of ‘Vedic religion,’ are included among the ‘unrighteous,’ yet they have been mentioned separately in consideration of the fact that they pretend to be ‘righteous.’

‘Frequented by’ — associated with — ‘men of the lowest castes.’ Or, ‘frequented’ may mean ‘harassed;’ e.g., the Bāhlīka country, which is frequently outrun by barbarians. — (61)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (p. 20).

 

Comparative notes by various authors:

(verses 4.60-61)

See Comparative notes for Verse 4.60.

 

 

VERSE 4.62

Section IX - Personal Cleanliness

 

न भुञ्जीतोद्धृतस्नेहं नातिसौहित्यमाचरेत् ।
नातिप्रगे नातिसायं न सायं प्रातराशितः ॥६२॥

na bhuñjītoddhṛtasnehaṃ nātisauhityamācaret |
nātiprage nātisāyaṃ na sāyaṃ prātarāśitaḥ ||62||

 

He shall not eat anything from which oil has been extract ed; he shall not commit gluttony; he shall not eat very early in the morning, nor very late in the evening; nor in the evening, if he has eaten in the morning. — (62).

 

Medhātithi’s commentary (manubhāṣya):

He shall not eat anything from which oil has been extracted; for instance, the oil-cake, juices and meat. Later on (5.24-25), the Author shall provide a counter-exception in the case of sacrificial remnants and preparations of milk kept over-night; and the plural number (in the term ‘preparations of milk’) is used in consideration of the large number of much preparations as whey, coagulated milk and so forth; though curd alone is the direct preparation of milk. But if curd alone were meant to be included in the counter-exception, then the Author would have mentioned that alone by name. So that curd can never be regarded as ‘kept over-night.’ From this it follows that the prohibition contained in the present verse does not apply to whey, coagulated milk and such other preparations of milk.

‘He shall not commit gluttony’ — Eat too much. The stomach is divided into three parts: one part is to be filled with solid food, another with water and other liquids, and the third is to be left empty for the moving about of the juices; it is in this manner that one should eat; and this means that he shall not commit gluttony.

‘Very early’ — i.e., just at sun-rise, one should not eat. For weaker people, the proper time for eating is after the expiry of three hours in the morning, and for other persons it is midday.

‘Not very late in the evening’ — i.e., one shall not eat at sunset; ‘nor in the evening, if the has eaten in the morning’ — to his fill. This means that at both times one should eat while some hunger is still left. This is what has been thus asserted — ‘Morning and evening are the two times for eating, ordained by the gods. But if one has eaten to his fill in the morning, then he shall not eat in the evening.’

Or, the text may be explained in the following manner: — ‘He shall not eat to his fill both in the morning and in the evening.’ It is in view of this that Yājñavalkya (Acāra, 114) has advised light food in the evening. — (62)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 476), which explains ‘uddhṛtasneham’ as refering to ‘piṇyāka’ (residue of seeds ground for oil) and things of that kind; and ‘atiprage’, as ‘before the sun long risen’; — the third quarter is quoted in Mitākṣarā (on 3. 290); — in Smṛtitattva (p. 30), as precluding the time of sunset and sunrise, and explains

‘Sauhitya’ as ‘over-satisfaction ‘satiation’; — and in Saṃskāramyūkha (p. 71), which remarks that by this the eating of ‘takra’ becomes wrong; as there is nothing to justify an exception in favour of takra; it explains ‘Sauhitya’ as ‘over-eating’.

 

Comparative notes by various authors:

Gautama (9.58). — ‘He shall not eat things out of which the essence has been extracted, — such as oil-cake and the like.’

Viṣṇu (68.12,27). — ‘He shall not eat during the twilights; nor things out of which the oil has been extracted.’

Āpastamba Dharmasūtra, (2.1.3). — ‘He shall partake of food — without being entirely satisfied’

Yājñavalkya (1.114). — ‘Having said the evening prayers, having offered oblation into the fires and having attended upon them, he shall take his meals, without being entirely satisfied, and then go to sleep.’

Viṣṇu (Vīramitrodaya-Āhnika, p. 475). — ‘One should never eat unwholesome food, — neither too early, etc. (as in Manu).’

Brahmapurāṇa (Do., p. 476). — ‘One should not eat while there is indigestion,... nor during the twilights, or at midday or at midnight.’

Devala (Do., p. 477). — ‘One should never eat without clarified butter.’

Brahmapurāṇa (Do., p. 478). — ‘One shall not eat at an improper time.’

 

 

VERSE 4.63

Section IX - Personal Cleanliness

 

न कुर्वीत वृथाचेष्टां न वार्यञ्जलिना पिबेत् ।
नोत्सङ्गे भक्षयेद् भक्ष्यान्न जातु स्यात् कुतूहली ॥६३॥

na kurvīta vṛthāceṣṭāṃ na vāryañjalinā pibet |
notsaṅge bhakṣayed bhakṣyānna jātu syāt kutūhalī ||63||

 

He shall not put forth any exertion without a purpose. He shall not drink water with joined hands. He shall not eat articles of food in his lap. He shall never be too curious. — (63)

 

Medhātithi’s commentary (manubhāṣya):

‘Exertion without a purpose’ — i.e., that which does not bring any benefit, preceptible or imperceptible; e.g., hankering after news of other countries, and so forth.

‘Añjali’ is joined palms; — with this ‘he shall not drink water.’ Since water is mentioned by name, the prohibition does not apply to milk and other liquids.

‘Articles of food in his lap’ — fried grains and cakes, &c., he shall not eat, while they are on his thighs. The term ‘articles of food’ extends the prohibition to fruits also. As for rice, the mixture of fried Hour with water and such other semi-liquid things as cannot be eaten without mixing water, — there is no possibility of their being eaten on the lap.

‘Curiosity’ — is over-eagerness for information about things, without any purpose.

‘Na jātu’ — never. — (63).

 

Comparative notes by various authors:

Gautama (9.9, 51, 56). — ‘He shall not drink with joined hands. He shall not do such acts as cutting, breaking, scratching, crushing, clapping, without reason. He shall not eat articles of food on his lap.’

Baudhāyana (2.3.26). — ‘He shall not eat food on his lap.’

Viṣṇu (68.21). — ‘Not in his lap.’

Viṣṇu (62.69). — ‘He shall not do any purposeless act.’

 

 

VERSE 4.64

Section IX - Personal Cleanliness

 

न नृत्येदथ वा गायेन्न वादित्राणि वादयेत् ।
नास्फोटयेन्न च क्ष्वेडेन्न च रक्तो विरावयेत् ॥६४॥

na nṛtyedatha vā gāyenna vāditrāṇi vādayet |
nāsphoṭayenna ca kṣveḍenna ca rakto virāvayet ||64||

 

He shall not dance, nor sing, nor play upon musical instruments, nor clap, nor grind his teeth, nor, when satisfied, shall he create enmity. — (64)

 

Medhātithi’s commentary (manubhāṣya):

‘Dancing’ — Throwing about of the limbs in a particular manner, as is well known among people.

‘Singing’ — is the producing of sound in the ‘Ṣadja’ and other notes of music. What is forbidden here is ordinary temporal, not Vedic, singing; the latter being actually enjoined.

‘Musical instruments’ — such as, the lute, the flute, the drum, and so forth. What is forbidden is the man himself playing upon these; and not making other people play upon them; as there is nothing to justify the construing of the verb ‘vādayet’ as containing a two-fold causal affix ‘ṇich’ — which alone could afford the meaning of ‘making to play.’

‘Clapping’ — the sound made by the clapping of the hands, or by striking the ground with the hand, and so forth.

‘Grinding o f teeth’ — the indistinct sound made by the teeth is what is known by the name of ‘Kṣveḍanika.’

If the man happens to be satisfied with anpther person, he shall not create enmity with him. The prohibition does not apply to the case where the man is harassed by the other person. The term ‘virodhayet’ is to be explained as ‘virodham’ (this noun being found by the addition of the nominal affix ‘ghan (?)’) ‘kuryāt’ (this being the connotation of the ‘ṇich’ affix). — (64)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramyūkha (p. 71).

‘Kṣveḍet’ — ‘Grind his teeth’ (Medhātithi); — ‘roar like a lion’ (Nārāyaṇa); — ‘snap his fingers’ (Nandana).

‘Sphoṭayet — ‘slap’ (Medhātithi); — ‘make his fingers crack’ (Nandana).

 

Comparative notes by various authors:

Gautama (9.51). — [See above.]

Āpastamba Dharmasūtra (2.20.16). — ‘Clappings — without reason (should be avoided).’

Viṣṇu (71.70-71). — ‘Not dancing or singing; — nor clapping.’

Pāraskara (2.7.3-4). — ‘He shall not do, nor go to, any dancing or singing or playing of musical instruments. Singing he may do; but being captivated by the singing of some one else is a totally different thing.’

 

 

VERSE 4.65

Section IX - Personal Cleanliness

 

न पादौ धावयेत् कांस्ये कदा चिदपि भाजने ।
न भिन्नभाण्डे भुञ्जीत न भावप्रतिदूषिते ॥६५॥

na pādau dhāvayet kāṃsye kadā cidapi bhājane |
na bhinnabhāṇḍe bhuñjīta na bhāvapratidūṣite ||65||

 

He shall never wash his feet in a vessel of white brass. He shall not eat out of a broken dish; nor out of one that is felt to be defiled. — (65)

 

Medhātithi’s commentary (manubhāṣya):

He should not wash his feet in a vessel of white brass.

In a broken vessel — even in one that may be broken in a single place; — the use of one that is broken all over would be forbidden by its very nature. In the case of cups, etc., made of leaves, however, since these are never regarded as ‘broken vessels,’ there would be no harm in using them, even though they may have holes.

‘Bhāva’ is feeling in mind; that vessel with which the mind does not feel satisfied; or that which is defiled by name — such as ‘patadgraha,’ ‘spittoon,’ and the like, in the case of these latter also, the mind does not feel satisfied. — (65)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 328), which adds that the prohibition regarding the ‘broken vessel’ applies to vessels of metal other than copper and the like; — in Saṃskāramayūkha (p. 71); — and in Śuddhikaumudī (p. 839).

 

Comparative notes by various authors:

Viṣṇu (68-20). — ‘Not in a broken dish.’

Viṣṇu (72.39-40). — ‘He shall not wash in a vessel of white brass; — nor shall he rub one foot with another.’

 

 

VERSE 4.66

Section IX - Personal Cleanliness

 

उपानहौ च वासश्च धृतमन्यैर्न धारयेत् ।
उपवीतमलङ्कारं स्रजं करकमेव च ॥६६॥

upānahau ca vāsaśca dhṛtamanyairna dhārayet |
upavītamalaṅkāraṃ srajaṃ karakameva ca ||66||

 

He shall not use shoes, on clothes, or sacred thread, or ornament, or garland, or water-pot, which has been used by others. — (66)

 

Medhātithi’s commentary (manubhāṣya):

He should not wear these things, when they have been worn by his father and others. Gautama says — ‘In cases of disability, these may be used after having been washed.’ (97 (9.7?))

‘Karaka’ is the water-pot; the using of the pot that is used by even his father is contrary to usage. The pot is held to be a relative substance, and hence can be used only by one to whom it belongs, and by no other person.

‘Ornament’ — bracelet of ivory, and so forth. By reason of this being mentioned along with such cheap articles as the ‘water-pot,’ and the like, it follows that the use of jewelry and pearl-ornaments is not forbidden. This is the view of some people. — (66)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta (p. 671); — in Nirṇayasindhu (p. 195) as laying down certain rules for the Accomplished Student; — in Śuddhikaumudī (p. 313), which explains ‘Karaka’ as Kamaṇḍalu, water-pot; — in Nṛsiṃhaprasāda (Saṃskāra, p. 71b); — in Saṃskāramayūkha (p. 71); — and in Smṛtisāroddhāra (p. 319), which also explains ‘Karaka’ as Kamaṇḍalu.

 

Comparative notes by various authors:

Gautama (9.4-5). — ‘He shall not wear an obtrusively red cloth, which has been worn by another; nor garland or shoes.’

Viṣṇu (71-47). — ‘He shall not wear clothes, shoes, garlands, and sacred thread, which have been worn by others.’

 

 

VERSE 4.67

Section IX - Personal Cleanliness

 

नाविनीतैर्भजेद् धुर्यैर्न च क्षुध्व्याधिपीडितैः ।
न भिन्नशृङ्गाक्षिखुरैर्न वालधिविरूपितैः ॥६७॥

nāvinītairbhajed dhuryairna ca kṣudhvyādhipīḍitaiḥ |
na bhinnaśṛṅgākṣikhurairna vāladhivirūpitaiḥ ||67||

 

He shall not travel with untrained beasts of burden; nor with such as are suffering from hunger or disease; nor with those whose horns, eyes or hoofs are injured; nor with those that are disfigured by their tails. — (67)

 

Medhātithi’s commentary (manubhāṣya):

‘Untrained’ — i.e., not trained; oxen, horses, mules and so forth, which are yoked to chariots, etc. The use of ‘ca’ indicates that one shall not ride upon untrained beasts,???en (even?) when they are not yoked to chariots, etc.

The ‘injured horn’ pertains to the ox only; as that alone has horns, and not horses and other animals.

‘Bāladhi’ is tail; those that have been disfigured by their tails; whose tails have been cut off.

One should not travel on such animals. Another Smṛti text prohibits merely getting upon the back of such animals. — (67)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 173); — and in Madanapārijāta (p. 126).

 

Comparative notes by various authors:

(verses 4.67-68)

Viṣṇu (3.13-17). — ‘He shall not be carried by such beasts as are constantly suffering from their tails or some disease; — nor by such as are deficient in their limbs, nor by such as are poorly, nor by bullocks, nor by such as are not trained.’

Viṣṇupurāṇa (Aparārka, p. 174). — ‘One should not ride on wicked or defective conveyances.’

 

 

VERSE 4.68

Section IX - Personal Cleanliness

 

विनीतैस्तु व्रजेन्नित्यमाशुगैर्लक्षणान्वितैः ।
वर्णरूपोपसम्पन्नैः प्रतोदेनातुदन् भृशम् ॥६८॥

vinītaistu vrajennityamāśugairlakṣaṇānvitaiḥ |
varṇarūpopasampannaiḥ pratodenātudan bhṛśam ||68||

 

He should always travel with beasts that are trained, fast, equipped with signs, well endowed with colour and figure, — without striking them much with the goad. — (68)

 

Medhātithi’s commentary (manubhāṣya):

Some people, in their audacity, do not make any attempt at training animals. It is with a view to this that the Author adds this verse.

‘Trained’ — well-broken.

‘Fast’ — swift going.

‘Equipped with signs’ — w ith such signs as auspicious hair-whorls, and the like, and not with such unlucky marks as a bare forehead and the like.

‘Endowed with colour and form’ — ‘Colour’ stands for the brightness of the skin, etc., and ‘form’ for the shape of the limbs. The ‘goodness’ of these has to be ascertained with the help of treatises dealing with the characterestics of animals, etc.

‘Without striking much’ — not causing them pain, again and again , — ‘ with the goad;’ as being struck again and again with the hook, etc., they become perturbed and cause injury. (68)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 126).

 

Comparative notes by various authors:

(verses 4.67-68)

See Comparative notes for Verse 4.67.

 

 

VERSE 4.69

Section IX - Personal Cleanliness

 

बालातपः प्रेतधूमो वर्ज्यं भिन्नं तथाऽसनम् ।
न छिन्द्यान्नखरोमाणि दन्तैर्नोत्पाटयेन्नखान् ॥६९॥

bālātapaḥ pretadhūmo varjyaṃ bhinnaṃ tathā'sanam |
na chindyānnakharomāṇi dantairnotpāṭayennakhān ||69||

 

The young sun and the smoke from the dead body, should be avoided, as also a broken seat. He shall not cut his nails and hair, nob shall he tear his nails with his teeth. — (69)

 

Medhātithi’s commentary (manubhāṣya):

For three ‘muhūrtas’ after rising, the sun is called the ‘young sun,’

‘Smoke from the dead body’ — that which rises from a dead body being burnt.

‘Broken seat’ — i.e., that which is torn, or with holes, or injured. All this should be avoided.

‘He shall not cut his nails and hair’ — himself; when they have grown too long, he should get them cut by the barber.

He should not tear his nails — even though they may have become very long — with his teeth.

Others construe as follows: — ‘He shall not cut bis nails and hair with his teeth, — aud the nails he shall not cut even with his teeth.’

Young women often tear their nails, in the process of adorning, them. — (69)

 

Explanatory notes by Ganganath Jha:

‘Bālātapaḥ’ — The morning sun’ (Medhātithi); — ‘the Sun in the sign of Virgo, i.e., the autumnal Sun’ (Rāghavānanda).

‘Na chindyānnakharomāni’ — ‘He should not clip his nails or hair,’ — ‘himself, i.e., he should employ a barber’ (Medhātithi and Govindarāja), — ‘before they have grown long’ (Kullūka), — ‘except at the proper time for dipping’ (Nandana).

This verse is quoted in Aparārka (p. 183); — and in Saṃskāramayūkha (p. 71), which explains ‘Bālātapa’ as the ‘autumnal Sun’ [‘Bāla’ standing for the zodiacal sign of Kanyā, Virgo, and it is during the month of Kārtika that the Sun (ātapa) is in that sign].

 

Comparative notes by various authors:

Viṣṇu (71.44, 46). — ‘He shall not cut his nails or hair with his teeth; he shall avoid sitting under the young sun.’

Yājñavalkya (1.139). — ‘He should avoid the smoke issuing from the dead body.’

 

 

VERSE 4.70

Section IX - Personal Cleanliness

 

न मृत्लोष्ठं च मृद्नीयान्न छिन्द्यात् करजैस्तृणम् ।
न कर्म निष्फलं कुर्यान्नायत्यामसुखोदयम् ॥७०॥

na mṛtloṣṭhaṃ ca mṛdnīyānna chindyāt karajaistṛṇam |
na karma niṣphalaṃ kuryānnāyatyāmasukhodayam ||70||

 

He shall not crush clods of earth; nor shall he cut grass with hi s nails. He shall not do an aimless act, nor one that is likely to lead to disagreeable results. — (70)

 

Medhātithi’s commentary (manubhāṣya):

‘Crushing’ means breaking into pieces — of clods of earth; some people hold that this refers also to such clods of earth as are mixed with lime or other mortar. The ‘crushing’ of the earth-clod, consists either in raising it and then throwing it down, or by pressing it with the hands.

The crushing that is forbidden here is one that is done aimlessly; nor when it is done for the purpose of being used in cleaning the hands, etc., — the term ‘aimless’ of the next line being construed with this also. Though, as such, the crushing would be included under the ‘aimless act,’ yet it has been mentioned separately, with a view to the different expiatory rite that has been prescribed in connection with it.

‘Karaja’ are nails.

‘No aimless act.’ — Objection — “The aimless act has been already prohibited under ‘purposeless exertion’ (63).”

Some people offer the following explanation: — ‘Exertion’ denotes physical activity; while what is forbidden here is activity in general (in all its forms); which means that the building of airy castles is to be avoided.

‘Āyati’ denotes future time. That act from which there follows, in the future, some disagreeable, result; e.g., eating to indigestion, spending one’s wealth without any consideration for the maintenance of one’s family and dependants. All this he shall not do. — (70)

In support of the. above, we have the following commendatory description —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 183), which explains ‘āyati’ as ‘pariṇāma’, ‘result’ — ‘Karma’ as Saṅkalpa ‘volition’, ‘determination’; and this is ‘fruitless,’ ‘niṣphala’, when it turns out to be false, i.e., when the determination is not carried into practice; as regards the crushing of clods etc., what is to be avoided is the habit of doing it; — and in Saṃskāramayūkha (p. 72).

 

Comparative notes by various authors:

(verses 4.70-71)

Gautama (9.51). — ‘Cutting, breaking, scratching, rubbing and clapping — these he shall not do without some purpose.’

Āpastamba (1.32.28). — ‘Grass-chopping, clod-crushing, spitting — these, without necessity (should be avoided).’

Viṣṇu (71.42-43). — ‘He shall not be a clod-crusher; nor a grass-chopper.’

Mahābhārata (Anuśāsana, 104.15). — ‘He who crushes clods of earth or chops grass or eats his nails, is ever unclean and never attains long life.’

 

 

VERSE 4.71

Section IX - Personal Cleanliness

 

लोष्ठमर्दी तृणच्छेदी नखखादी च यो नरः ।
स विनाशं व्रजत्याशु सूचकाऽशुचिरेव च ॥७१॥

loṣṭhamardī tṛṇacchedī nakhakhādī ca yo naraḥ |
sa vināśaṃ vrajatyāśu sūcakā'śucireva ca ||71||

 

A man who crushes clods, cuts grass or bites his nails, quickly goes to perdition; so also the back-biter and the unclean man. — (71)

 

Medhātithi’s commentary (manubhāṣya):

It is in view of the word ‘loṣṭha,’ ‘clod,’ being used here by itself that the compound ‘mṛlloṣṭha’ of the preceding verse has been taken as a Tatpuruṣa compound; for, if both ‘mṛt’ and ‘loṣṭha’ were meant (and the compound were a Dvandva one) then, in the present verse also, ‘mṛt’ would have been mentioned in the same manner as ‘loṣṭha.’ Since clods are capable of being easily crushed, people are likely to do it; hence it becomes necessary to forbid it. As for lime-mortar, its crushing requires great effort, and hence people are not likely to do it needlessly. As for the crushing of earth-clods, on the other hand, some people are inclined, by their very nature, to do it; hence its prohibition.

‘Who cuts grass’ — as mentioned in the preceding verse.

‘He who bites his nails’ — with his teeth.

‘Sūcakaḥ’ — the informer, the back-biter; he who describes, behind his back, the defects, real or unreal, of another person.

‘Unclean’ — already explained.

‘Quickly goes to perdition.’ — Other Vedic acts are uncertain regarding the time at which their results appear; but the act here mentioned is not so; its result appears ‘quickly’ — in this very life — in the shape of the loss of wealth, &c., which is what is meant here by ‘perdition.’

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 183), — and again on (p. 253), as lending support to the idea that the man himself becomes ‘unclean’ by dealing with ‘unclean things.’

 

Comparative notes by various authors:

(verses 4.70-71)

See Comparative notes for Verse 4.70.

 

 

VERSE 4.72

Section IX - Personal Cleanliness

 

न विगर्ह्य कथां कुर्याद् बहिर्माल्यं न धारयेत् ।
गवां च यानं पृष्ठेन सर्वथैव विगर्हितम् ॥७२॥

na vigarhya kathāṃ kuryād bahirmālyaṃ na dhārayet |
gavāṃ ca yānaṃ pṛṣṭhena sarvathaiva vigarhitam ||72||

 

He shall hot carry on a wrangling conversatioh. He shall not wear a garland outside. Riding on the back of cows and oxen is altogether deprecated. — (72)

 

Medhātithi’s commentary (manubhāṣya):

When, either in ordinary conversation or in literary discussions, one talks with passion and lays a wager, and so forth, always trying to show himself off, — this is what is called ‘wrangling conversation.’

‘Garland outside;’ — i.e., if the garland happen to be above the clothing, it should be hidden with a piece of cloth. Such is the custom also.

Others have explained ‘outside’ to mean an open public place. The sense of the text in that case would be that one should not wander about in public places, as the road, &c., with a garland too obtrusively worn.

Or, ‘bahirmālya’ may mean that whose fragrance has gone out; i.e., whose odour is not felt. Says another Smṛti text — ‘One should not wear an odourless garland, except that made of gold.’

‘Riding on the back of cows’ — What is forbidden is riding on the bare back, without a saddle. — ‘Altogether.’ When a saddle has been put on, or the animal has been harnessed to the cart, &c., then it would not be ‘riding on the back;’ and hence these are not forbidden. — (72)

 

Explanatory notes by Ganganath Jha:

‘Vahirmālyam’ — ‘Garland over the dress’ (Medhātithi); — ‘garland over the head’ (Kullūka); — ‘garland on public roads and such uncovered places’ (‘others’ in Medhātithi); — or ‘garland without scent’ (‘others’ in Medhātithi).

This verse is quoted in Saṃskāramayūkha (p. 72), which adds that going on carts drawn by bullocks is only slightly reprehensible (not sarvathā, wholly, reprehensible, as riding on their back is).

 

Comparative notes by various authors:

Gautama (9.33). — ‘Blowing fire with the mouth, wrangling conversation, obtrusive wearing of garlands and sandal-paste, touching of unclean things, eating with his wife...... these he shall avoid.’

Baudhāyana (2.3.30). — ‘He shall not wear the garland obtrusively.’

Āpastamba (1.32-5). — ‘He shall wear garlands and sandal-paste unobtrusively.’

Viṣṇu (71.22). — ‘He shall not wear such garland as is either entirely devoid of fragrance or one whose fragrance is very strong, or which is red.’

 

 

VERSE 4.73

Section IX - Personal Cleanliness

 

अद्वारेण च नातीयाद् ग्रामं वा वेश्म वाऽवृतम् ।
रात्रौ च वृक्षमूलानि दूरतः परिवर्जयेत् ॥७३॥

advāreṇa ca nātīyād grāmaṃ vā veśma vā'vṛtam |
rātrau ca vṛkṣamūlāni dūrataḥ parivarjayet ||73||

 

He shall hot enter a walled village or house, except through the gate. At night, he shalt, keep away, at a long distance, from the roots of trees. — (73)

 

Medhātithi’s commentary (manubhāṣya):

It is only in the case of the walled village that the text forbids entering, except through the gate, by passing over the walls and such other means. In the case of the unwalled village, one might do as one pleases, even though there he gates. — (73)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 184), — and in Saṃskāramayūkha (p. 72).

 

Comparative notes by various authors:

Gautama (9.33). — ‘Blowing the fire with the mouth......, entering by the wrong gate......, — these he shall avoid.’

Āpastamba (1.31.21). — ‘He shall not enter the village by the wrong way; if he does so enter it, he shall recite the mantra Namo rudrāya vāstoṣpataye, etc., or some other mantra sacred to Rudra.’

Pāraskara (2.7.6). — ‘Looking at the water-reservoir, climbing the tree......, crossing over dangerous places........., these he shall avoid.’

Yājñavalkya (1.140). — ‘He shall not enter anywhere except through the right gate.’

Gobhila (3.5.35). — ‘He shall not pass into a village by the wrong way.’

 

 

VERSE 4.74

Section IX - Personal Cleanliness

 

नाक्षैर्दीव्येत् कदा चित् तु स्वयं नोपानहौ हरेत् ।
शयनस्थो न भुञ्जीत न पाणिस्थं न चासने ॥७४॥

nākṣairdīvyet kadā cit tu svayaṃ nopānahau haret |
śayanastho na bhuñjīta na pāṇisthaṃ na cāsane ||74||

 

He shall never gamble with dice; he shall not himself carry his shoes; he shall not eat, seated on a bed; nor what has been placed in his hand or on the seat. — (74)

 

Medhātithi’s commentary (manubhāṣya):

Even without stakes, in mere joke also, ‘he shall never gamble with dice.’ The term ‘never’ is used for the purpose of precluding the use of sticks, and such other implements also. Hence all kinds of gambling are forbidden.

His shoes, made of leather, he shall not carry from one place to another, ‘himself’ — i.e., taking them in his own hand, or hanging them on his stick. This prohibition applies to one’s own shoes, as is clear from the term ‘himself;’ hence the carrying of the shoes belonging to one’s Teacher or other superiors is not forbidden.

‘On a bed,’ — seated on a conch, and such other things — ‘he shall not eat;’ nor placing the food-morsel on his hand; nor placing the food on the sent, without an intervening dish. That this pertains to the food, and not to the eater, is clear from the juxtaposition of what has gone before. — (74)

 

Explanatory notes by Ganganath Jha:

‘Na pāṇistham’ — ‘Placed in the left hand’ (Nārāyaṇa); — ‘served in the hand, and not in a dish’ (Medhātithi and Kullūka).

 

Comparative notes by various authors:

Gautama (9.33). — ‘Blowing the fire with the mouth......, eating seated on the stool........., these he shall avoid.’

Baudhāyana (3.2.26-27). — ‘He shall not eat food on his lap; he shall not eat seated on the stool.’

Vaśiṣṭha (12.33). — ‘He shall not eat food on his lap; nor seated on a stool.’

Viṣṇu (6.8.19). — ‘[He shall not eat while] on the bed.’

Viṣṇu (71.45). — ‘He shall avoid gambling.’

Yājñavalkya (1.138). — ‘He shall not drink water in his hands...... nor shall he gamble with dice.’

Gobhila (3.5.12). — ‘He shall not carry his own shoes.’

 

 

VERSE 4.75

Section IX - Personal Cleanliness

 

सर्वं च तिलसम्बद्धं नाद्यादस्तमिते रवौ ।
न च नग्नः शयीतैह न चोच्छिष्टः क्व चिद् व्रजेत् ॥७५॥

sarvaṃ ca tilasambaddhaṃ nādyādastamite ravau |
na ca nagnaḥ śayītaiha na cocchiṣṭaḥ kva cid vrajet ||75||

 

Any food containing sesamum, he shall not eat after sunset; he shall never sleep naked; nor go anywhere with mouth unwashed after meals. — (75)

 

Medhātithi’s commentary (manubhāṣya):

On the sun having set; the accusative ending in ‘astam’ is in accordance with Pāṇini 1. 4. 90.

‘Nor go anywhere, etc.’ — “This has already been forbidden in the section dealing with the duties of the Student; where it has been also explained that the prohibition pertains to the men in general, and is not restricted to the Student only.”

True; but the present injunction is for the purpose of pointing out the act as an ‘observance;’ and what is meant is that ‘One should make a life-long determination of not going about with mouth unwashed after meals.’ — (75)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (p. 72).

 

Comparative notes by various authors:

Gautama (9.60). — ‘He shall never sleep naked at night.’

Viṣṇu (69.29). — ‘At night, he shall not eat anything mixed with sesamum.’

Viṣṇu (70.3). — ‘Nor naked (shall he sleep).’

Āśvalāyana Gṛhyasūtra (3.9.6). — ‘He shall not bathe during night; he shall not bathe naked; he shall not sleep naked; he shall not look at a naked woman, except......’

 

 

VERSE 4.76

Section IX - Personal Cleanliness

 

आर्द्रपादस्तु भुञ्जीत नार्द्रपादस्तु संविशेत् ।
आर्द्रपादस्तु भुञ्जानो दीर्घमायुरवाप्नुयात् ॥७६॥

ārdrapādastu bhuñjīta nārdrapādastu saṃviśet |
ārdrapādastu bhuñjāno dīrghamāyuravāpnuyāt ||76||

 

He shall eat with wet feet; but he shall not sleep with his feet wet. By eating with wet feet, one would attain long life. — (176)

 

Medhātithi’s commentary (manubhāṣya):

Before the act of eating, one shall observe the rule that ‘one should eat with wet feet;’ it is not meant that he should go on wetting his feet till he has finished eating and become fully satisfied.

‘Shall not deep’ — i.e., he shall not lay down his body upon the bed; ‘samveśana,’ ‘sleeping,’ standing for the laying down of the body on the bed.

The reason for this is next mentioned — ‘Long life.’ — It does not mean that the injunction is meant only for one who desires long life (and for none others); in fact, like the preceding ones, this also is obligatory; and the mention of ‘long life’ is purely illustrative. — (76)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (p. 72).

 

Comparative notes by various authors:

Mahābhārata (12.191.6-7). — ‘He shall eat food with five limbs wet, — facing the east and silent; he shall not decry the food, he should cat it whether it be tasty or otherwise. He shall not rise from his seat with wet hands. He shall not sleep with wet feet.’

Do. (13.104.61). — [Reproduces Manu.]

Viṣṇu (69.34). — ‘Nor with unwet feet, nor with unwet hands and mouth (shall he eat).’

Viṣṇu (70.1). — ‘He shall not sleep with wet feet.’

 

 

VERSE 4.77

Section IX - Personal Cleanliness

 

अचक्षुर्विषयं दुर्गं न प्रपद्येत कर्हि चित् ।
न विण्मूत्रमुदीक्षेत न बाहुभ्यां नदीं तरेत् ॥७७॥

acakṣurviṣayaṃ durgaṃ na prapadyeta karhi cit |
na viṇmūtramudīkṣeta na bāhubhyāṃ nadīṃ taret ||77||

 

He shall never approach a place difficult of access, which is not within range of his vision; he shall not look at urine or excreta; nor shall he cross a river with his arms — (77)

 

Medhātithi’s commentary (manubhāṣya):

‘Difficult of access.’ — Mountains and such places as can be got at with difficulty; as also a forest dense with trees, shrubs and creepers.

‘He shall not approach.’ — He shall not pass over, shall not go to.

‘Which is not within the range of his vision;’ — because there is danger of snakes and robbers, etc., lying hidden there. The ‘Eye’ includes also the other sources of knowledge, such as the Scriptures, for Instance.

‘Urine and excreta’ — ‘Looking at’ — these mean examining their colour, etc. This extends over a long time; and hence should not be done. There is no harm in seeing it once by the way.

Swimming a river is forbidden for a man in the normal state; and not when there is danger apprehended from wolves and other animals. — (77)

 

Explanatory notes by Ganganath Jha:

The last foot of this verse is quoted in Aparārka (p. 183).

 

Comparative notes by various authors:

Gautama (9.33). — ‘Blowing the fire with the mouth...... crossing the river with arms, climbing difficult places........., these he shall avoid.’

Baudhāyana (2.3.46). — ‘He shall not cross the river with his arms.’

Vaśiṣṭha (12.43). — [Do.]

Viṣṇu (63.46). — ‘Nor with his arms (shall he cross rivers).’

Yājñavalkya (1.135). — ‘He shall not look at his urine or excreta; nor anything unclean.........’

Āśvalāyana Gṛhyasūtra (3.9.7). — ‘He shall not climb a tree; he shall not descend into a well; he shall not cross a river with his arms; he shall not expose himself to danger.’

Pāraskara (1.7.6). — ‘Looking into a water-reservoir, climbing trees, fruit-gathering, crossing over difficult places......, these he shall not do.’

 

 

VERSE 4.78

Section IX - Personal Cleanliness

 

अधितिष्ठेन्न केशांस्तु न भस्मास्थिकपालिकाः ।
न कार्पासास्थि न तुषान् दीर्घमायुर्जिजीविषुः ॥७८॥

adhitiṣṭhenna keśāṃstu na bhasmāsthikapālikāḥ |
na kārpāsāsthi na tuṣān dīrghamāyurjijīviṣuḥ ||78||

 

One who is desirous of living a long life, shall not step on hair, nor on ashes, bones and potsherds; or on cotton-seed or chaff. — (78)

 

Medhātithi’s commentary (manubhāṣya):

‘Potsherds’ — broken pieces of earthenware.

‘Long life’ — This use of the Accusative has been already explained. — (78)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 183).

 

Comparative notes by various authors:

Gautama (9.16). — ‘He shall not stand upon ashes, hairs, chaff, potsherds and unclean things.’

Baudhāyana (1.3.37). — ‘He shall not stand upon ashes, bones, hairs, chaff, potsherds, and bath-water.’

Āpastamba (2.20.11). — ‘Standing upon ashes and chaff.’

Viṣṇu (63.24-25). — ‘He shall not stand upon chaff, potsherds, bones, ashes and embers; nor on cotton-seeds.’

Viṣṇu (Aparārka, p. 183). — ‘He shall not stand on the roadcrossing, nor under a tree at night, nor in an empty house, nor in a slaughter-house or a prison.’

Yājñavalkya (1.139), — ‘He shall avoid all incompatible acts, as also the smoke issuing from a dead body, and swimming in the river; also standing upon hairs, ashes, chaff, embers, and potsherds.’

Śaṅkha-Likhita (Aparārka, p. 183). — ‘He shall not stand upon a heap of grass or a heap of pebbles.’

 

 

VERSE 4.79

Section IX - Personal Cleanliness

 

न संवसेच्च पतितैर्न चाण्डालैर्न पुल्कसैः ।
न मूर्खैर्नावलिप्तैश्च नान्त्यैर्नान्त्यावसायिभिः ॥७९॥

na saṃvasecca patitairna cāṇḍālairna pulkasaiḥ |
na mūrkhairnāvaliptaiśca nāntyairnāntyāvasāyibhiḥ ||79||

 

He shall not associate with outcasts, nor with Cāṇḍālas, nor with Pulkasas; nor with the illiterate; nor with the haughty; nor with Antyas; nor with Antyāvasāyins. — (79)

 

Medhātithi’s commentary (manubhāṣya):

“What is here said has already been declared above — (a) that ‘he shall not live at a place surrounded by men...... nor in that which is haunted by men of the lowest castes’ (4. 6).”

Not so, we reply. What has been forbidden there, is the inhabiting of such places; while what is forbidden here is associating. What was said there was that ‘one shall not set up as a householder in a village inhabited by such people;’ while the present verse forbids associating with them; this ‘associating’ consisting of the setting up of friendly relations by accepting their gifts, living near their house, sitting with them under the shade of the same tree, and so forth. Further, the former text speaks of the village as being ‘surrounded,’ which implies that the said people live there in large numbers; so that, what it means is that ‘one should not live even near a village where the said people live in large numbers.’ In the present verse, however, what is forbidden is living near a village, where even a few of these people live. Herein lies the difference between the two passages.

‘Pulkasas’ are Niṣādas, born of Śūdra mothers.

‘Antyas,’ i.e. — the Medas and other Mleccchas.

‘Antyāvasāyins’ — is born from a Niṣāda mother and Cāṇḍāla father; as will be described later on (10.39).

‘Haughty’ — overbearing in vanity due to wealth and such other causes. — (79)

 

Explanatory notes by Ganganath Jha:

‘Pukkasa... Antyāvasāyin’ — Defined under 10 — 12, 39, 49.

This verse is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 71b).

 

Comparative notes by various authors:

Āpastamba (1.21, 5-6). — ‘There is to be no concern with outcasts, — nor with apapātras.’

Baudhāyana (2.42). — ‘There is to be no concern with outcasts.’

Baudhāyana (3.42). — ‘Nor with outcasts, nor with woman, nor with a Śūdra.’

Baudhāyana (2.62). — ‘One falls by associating with outcasts for one year, through sacrifice or teaching or marriage, — also through conveyances, seats or feeding.’

Gautama (9.17). — ‘He shall not converse with Mlecchas, or with unclean or unrighteous persons.’

Devala (55, 58, 75). — ‘He who has lived with Mlecchas, for a period extending from five to twenty years — for him the expiation has been prescribed to be two cāndrāyaṇas. — If in an assembly, one comes into contact with a Mleccha, he shall bathe with his clothes on and go without food for one day. If a Brāhmaṇa has lived in the dwelling of a Mleccha for one, two, three or four years (he shall perform an expiatory rite).’

 

 

VERSE 4.80

Section IX - Personal Cleanliness

 

न शूद्राय मतिं दद्यान्नोच्छिष्टं न हविष्कृतम् ।
न चास्योपदिशेद् धर्मं न चास्य व्रतमादिशेत् ॥८०॥

na śūdrāya matiṃ dadyānnocchiṣṭaṃ na haviṣkṛtam |
na cāsyopadiśed dharmaṃ na cāsya vratamādiśet ||80||

 

He shall not offer advice to a Śūdra, nor the leavings, nor what has been prepared as an offering to the Gods. He shall hot expound the law to him; nor shall he indicate to him any penance. — (80)

 

Medhātithi’s commentary (manubhāṣya):

No advice shall be offered to a Śūdra regarding his welfare or otherwise, regarding matters temporal or spiritual; that is to say, one should not become an adviser to a Śūdra.

This prohibition pertains to being an adviser as a means of livelihood; there would be nothing wrong in offering advice in a purely friendly manner; in fact, there may be hereditary friendship between Brāhmaṇas and Śūdras; and certainly through friendship advice for welfare is always offered. Further, it has been declared (by Manu himself) that the Brāhmaṇa should be friendly to all castes — ‘the Brāhmaṇa is one who is friendly to all.’

Some people offer the following explanation: —

“From what is said in other texts, it is better to take the present verse to mean that advice shall not be offered unasked; as declared above (in 2. 110), — ‘He should not say anything to any one without being asked.’”

This explanation, however, is not right. What has been said under 2,110, is in connection with the reading of the

Veda; the sense being, ‘if a man is found to be committing a mistake in accent, or syllable, or in some other detail, one should not tell him, unless one is asked, that he had murdered the Text.’ Similarly, in connection with the enumeration of persons who shall not be taught the Veda, it has been said — ‘One shall not speak unasked;’ and this also means that, in the case of persons other than his own pupils, one should not say anything, even if he finds them reciting the Veda wrongly, either as regards accent or syllables.

‘Nor the leavings’ — The term ‘ucchiṣṭa’ denotes impurity, specially in relation to food. One who has paid calls of nature, is also called ‘ucchiṣṭa,’ ‘impure,’ till he has washed; as we shall explain under the text — ‘One who is impure, ucchiṣṭa, shall not touch with his hand, &c.’ (142). But, as a rule, the term is used in connection with food. So that, while one is eating, the food that comes into contact with his mouth, whether within the mouth or outside, becomes known as ‘impure.’ It is in this sense that under 5.141 — where it is said — ‘nor the hairs of the moustache entering the mouth,’ — everything, with the exception of the hairs of the moustache, is said to become ‘impure.’ It is in this sense also that the eater, the thing eaten and the dish containing the food, all come to be called ‘impure’; ‘ucchiṣṭa.’

In some cases, the word is also used in the sense of ‘what has been left unused,’ ‘remnant,’ ‘leaving;’; e.g., in the passage — ‘The leavings of the substance offered are to be given as the fee.’ Thus, it is on the basis of usage that the term ‘ucchiṣṭa’ is applied to the food that has been served in the dish for a particular person,. and out of which a little has been eaten by him; and the clean food that is simply placed in the dish and not even touched by the eater, — this also is rejected, on the strength of usage, as ‘impure,’ on the ground of its being in contact with the dish which is in contact with that food out of which the person has eaten (and which therefore has become a ‘leaving’). It is in accordance with this that each passages as — (a) ‘the leavings of food should be given’ (10.125), and (b) ‘leavings shall not be given, etc.’ — which contain an injunction and a prohibition, respectively — are taken as pertaining to the same thing, and as applying to the ‘true’ and the ‘untrue’ Śūdra, respectively, and also as referring to the remnants of different kinds of materials offered (and hence not being mutually contradictory). Or, the meaning (of the prohibition) may be that what has been left in the pot, after the guests and others have eaten, and which is as good as ‘stale’ and ‘leavings,’ should not be given to the Śūdra. It is argued that, since the term is found to be used (in 10.125) along with ‘torn clothes,’ this latter explanation is the right one to be accepted. Further, since the root ‘śiṣ’ (from which ‘ucchiṣṭa’ has been derived) denotes ‘other than what has been used,’ and the preposition (‘ut’) has to be construed in accordance with that signification, — there need be nothing incongruous in construing this passage also in the same sense as the passage ‘the leavings of the substance offered are to be given as the fee.’ In this manner, there is no incompatibility between these two Smṛti- texts (‘the leavings of the food shall be given’ and ‘the leavings should not be given’); though in most passages the term is restricted, by convention, to people who stand in need of washing. As for the declaration that ‘the method of purification is like that of the Vaiśya, etc.’ (5.139) — this refers to the Slave-Śūdra; and the term ‘ucchiṣṭa’ in this passage is understood to mean ‘the leavings of food,’ as we shall show under this passage.

‘Nor what has been prepared as an offering to the Gods’ — The term ‘haviṣ-kṛtam’ means ‘haviṣe kṛtam,’ ‘prepared as an offering to the Gods.’ The compound is an irregular one; the compounding of the participle ‘kṛṭa’ or ‘kalpita,’ with the noun ending in the Dative, having the sense of ‘for the purpose of,’ is not sanctioned.

According to the maxim of the ‘stick and the cake’ — by which, when the stick on which cakes are hanging is brought down by rats, we are led to believe that the cakes have been eaten by them, — the prohibition contained in the text pertains to every such thing as has the slightest possibility of being intended for being offered. And thus it is that the prohibition becomes applicable (a) to what has been set aside as being meant for an’ offering, (b) to the remnant of the substance that has been offered, and (c) to such offering-material as has not been left after having been eaten. It is in view of this that the text has used the term ‘kṛta,’ which is the most general term denoting action of any kind; and the compound ‘haviṣ-kṛta’ means ‘what has been kṛta,’ i.e., determined upon — as to be offered.’ And in this way, the offering-material that is left after the sacrificer has eaten it, does not cease to be included under the term ‘haviṣ-kṛta,’ since that also is what ‘had been determined upon as to be offered.’ And thus the prohibition becomes applicable to the substance in all conditions (after it has been once fixed upon as to be offered).

By others the term ‘haviṣ-kṛtam’ has been explained as ‘mixed with the offering-material;’ and since what is mixed up with something else is prohibited, the unmixed offering-material also becomes forbidden. For instance, when it is intended to forbid what is related to the Brāhmaṇa, the texts use the word ‘Brāhmaṇa’ only.

“But how can the prohibition of the thing mixed with something else imply the prohibition of that thing by itself?”

If the thing by itself were prohibited, then it might have been argued that the prohibition of the mixed thing is secondary. In a case, however, where, even on being mixed up, the two things are percieved as distinct, — or, when, even though the colour of the two things is not visible, yet by means of taste and such other means they are percieved as distinct, — the two things are treated as if they were there by themselves.

For instance, when fried flour and other things are mixed with wine, even though the colour of the wine is not visible, yet, since the taste of the wine is distinctly felt, the eating of such flour entails the expiratory rite prescribed in connection with the drinking of wine.

Objection — “But even so, when the wine is mixed up with the flour, it loses its liquid form; so that it cannot be a case of drinking of the wine.”

There is no force in this objection. ‘Drinking’ has been mentioned, because that is how wine is generally taken; and what is forbidden is the ‘taking’ of wine; as the present context is dealing with what shall be eaten and what shall be not eaten; and ‘eating’ here means only ‘taking,’ of which drinking, eating, chewing and the rest are only special forms. As for smelling, since it is felt even when the substance is not near at hand, it does not necessarily lead to the presence of the substance itself. For instance, even when camphor and such things are at a distance, their odour is felt. If it be assumed that the odour is felt because of the fine particles of the substance (having been wafted into the nostrils), — then such wafting away of the particles should bring out a gradual diminution of the size of the substance (which is not found to take place). In a case where two things become mixed up and form one composite substance, and there is nothing to indicate a reference to either one of them singly, — either a sanction or a prohibition cannot apply to either of them by itself. E.g., when it is said ‘milk should be drunk,’ it applies to the milk and the water both mixed together, and not to the water alone, or the milk alone; as each of these would be a distinct substance (from ‘milk’); each of these by itself would have a distinct colour and a distinct taste indicating its presence; and hence each would be a distinct substance.

“If this be so, then, when one drinks wine mixed with water, it should not entail the expiatory rite that has been prescribed for the drinking of wine; as the mixture would be a distinct substance from the mixture drunk.”

There is no force in this objection. Wine, like the bitter taste, entirely suppresses the taste of everything eke; so that, since in the case cited, the taste of wine will have been clearly felt, the said expiatory rite becomes necessary. When there is much water and only a little wine, the expiatory rite to be performed is that which has been prescribed for ‘contact with wine,’ as we shall explain in detail under Discourse 11.

From all this it follows that where the prohibition is of a certain thing by itself, it might involve that of its mixture also; e.g., when it is said that “māṣa -grains shall not be eaten,’ such grains also become eschewed as have māṣa mixed with them. But the prohibition that pertains to a mixture — on what grounds could it be applied to the unmixed thing by itself? E.g., when it is said — ‘bring water from the confluence of the Gaṅgā and the Yamunā,’ — the man thus directed does not bring water either from the Gaṅgā alone, or from the Yamunā alone. If usage be cited as the ground for such application, — theu such usage has got to be shown. [Thus, if the term ‘haviṣkṛtan’ of the text were taken as ‘havirmiśram,’ then the prohibition could not apply to the Haviṣ itself.]

‘He shall not expound the law to him.’ — “The very first words of this text have forbidden the offering to a Śūdra of any advice on temporal or spiritual matters; and the expounding of law also becomes forbidden by the same words.”

True; but the prohibition has been repeated for the purpose of additional information; in the shape of special expiatory rites — laid down in connection with the expounding of the law to a Śūdra, — which we shall explain under 11.198.

Others have taken this additional prohibition to mean that ‘he shall not, in the craracter (character?) of an officiating priest, instruct the Śūdra regarding the details of procedure pertaining to the Pārvaṇa Śrāddha, the Pākayajña and such other rites.’

 

Some people urge the following objection here: — “If the expounding of law to the Śūdra is forbidden, from whence is the Śūdra to acquire his knowledge of the law? In the absence of such knowledge, he can perform no rites; so that the whole scripture dealing with the rites to be performed by the Śūdra would be pointless.”

This is not a right objection. It is just possible that the Brāhmaṇa, through avarice, may transgress the prohibition and teach the Śūdra. For instance, when the Brāhmaṇa accepts a gift from a Śūdra, he is urged to it. not by the Injunction relating to the ‘giving away of all one’s belongings’ (which has been prescribed for the Śūdra) in consequence of having killed a Brāhmaṇa; in fact, the motive is supplied by his avarice.

“Well, we have the direct declaration that ‘the Brāhmaṇa shall explain the law to others also.’”

But that refers only to the possible means of livelihood (open to the Śūdra). What the text says is — ‘The Brāhmaṇa should know the means of livelihood open to all, and should explain it to others also’ (10.2).

Advice and teachings have to be certainly given to the Śūdra who is dependent upon oneself; for an ignorant person is sure to transgress injunctions and prohibitions; and association with such transgressers has been forbidden under 79 above.

Some people explain the text as follows: —

“The present text contains two injunctions forbidding the teaching of the text of the treatises dealing with Dharma or Law, and the expounding of its meaning: one forbids the teaching of the verbal text and the other that of its meaning. But the expounding of Law, without reference to text, is not forbidden by any.”

But for those who explain the text thus, the present Verse will be a mere repetition of the prohibition of consultation on matters relating to the scriptures.

The following might be urged here — “The term ‘law’ applies to Grammar and all those treatises that help in obtaining the knowledge of Law; but Grammar is not a ‘scriptural treatise,’ in the sense of expounding super-senseous (spiritual) things; hence the teaching of Grammar would not be included under the prohibition here put forward; and yet Grammar is of use in the understanding of Law; specially as the grammarian can, by a close analysis of the words, find out the meaning of the most difficult sentence. So that, since the prohibition relating to the ‘consultation’ (quoted above) pertains to the ‘Law-scriptures’ proper, it would not apply to Grammar; hence it is the teaching of Grammar that has been separately forbidden by the present text.”

All this would be quite right; only if no one urged that one who is not entitled to the primary thing (the Veda), can never be thought of as taking up its subsidiaries (the subsidiary sciences of Grammar, &c.) In the present instance, the Veda and this Smṛti texts constitute the ‘primary;’ and to the study of these the Śūdra is not entitled.

‘Nor shall he indicate to him any vrata or penance.’ — The term ‘vrata,’ ‘penance,’ here stands for the kṛcchras; such being the sense in which the term has been used in 11.102 and other texts. These be shall not indicate to the Śūdra who is seeking to acquire prosperity by their means; in connection with expiatory rites, they have got to be indicated. As for the ‘vratas,’ ‘observances,’ prescribed for the ‘accomplished student,’ there is no possibility of these pertaining to the Śūdra; for the simple reason that he can never be an ‘accomplished student.’ Similarly, the imparting of the Sāvitrī to him is impossible, because he can never carry on Vedic Study; Vedic Study is not possible for him, because he has not been initiated; and Initiation is not possible for him, because it has been laid down for the three castes only. — (80).

 

Explanatory notes by Ganganath Jha:

“Discrepancies between this verse and others in the work (9.125) are explained by the commentators, who say that the Śūdra mentioned in the other rules is the family servant.” — Hopkins.

This verse is quoted in Aparārka (p. 220), which explains ‘vratam’ as ‘prāyascittam’, ‘expiatory rite’; — and again on p. 1090, where it is pointed out that the giving of advice regarding ‘expiation’, that is forbidden here, refers to those cases where the Śūdra seeks advice without the mediation of a Brāhmaṇa.

It is quoted also in Mitākṣarā (on 3.262), which remarks that the prohibition refers to those cases where the Śūdra does not seek advice in a meek and suppliant attitude; — in Nṛsiṃhaprasāda (Saṃskāra, p. 71b); — and in Saṃskāramayūkha (p. 72), which says that what is forbidden here is ‘direct teaching.’

 

Comparative notes by various authors:

(verses 4.80-81)

Āpastamba (21.2.22). — ‘He shall not offer the leavings to a non-Brāhmaṇa; — if it is to he given to him, one should scoop the tusk (?), place the leavings in it and then offer it to him.’

Vaśiṣṭha (15.12-13). — [Reproduces Manu ]

Viṣṇu (72.48-52). — ‘He shall not offer the leavings to the Śūdra; nor the leavings or the sacrificial materials; nor sesamum; he shall not expound to him the law; nor the penance.’

 

 

VERSE 4.81

Section IX - Personal Cleanliness

 

यो ह्यस्य धर्ममाचष्टे यश्चैवादिशति व्रतम् ।
सोऽसंवृतं नाम तमः सह तेनैव मज्जति ॥८१॥

yo hyasya dharmamācaṣṭe yaścaivādiśati vratam |
so'saṃvṛtaṃ nāma tamaḥ saha tenaiva majjati ||81||

 

He who expounds to him the law, and he who indicates the penance to him, will sink, along with him, into the hell called “asaṃvṛta.” — (81).

 

Medhātithi’s commentary (manubhāṣya):

This is a deprecatory supplement to the foregoing text.

‘Will sink along with him;’ — this shows that both parties are considered guilty — he who expounds, as also he who hears it expounded.

‘Will sink’ — will fall into, i.e., will reach. — (81).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 220).

 

Comparative notes by various authors:

(verses 4.80-81)

See Comparative notes for Verse 4.80.

 

 

VERSE 4.82

Section IX - Personal Cleanliness

 

न संहताभ्यां पाणिभ्यां कण्डूयेदात्मनः शिरः ।
न स्पृशेच्चैतदुच्छिष्टो न च स्नायाद् विना ततः ॥८२॥

na saṃhatābhyāṃ pāṇibhyāṃ kaṇḍūyedātmanaḥ śiraḥ |
na spṛśeccaitaducchiṣṭo na ca snāyād vinā tataḥ ||82||

 

He shall not scratch his own head with both hands joined together; he shall not touch it while unclean; and he shall not bathe without it. — (82).

 

Medhātithi’s commentary (manubhāṣya):

‘Joined together’ — joined to one another. This forbids the scratching of the head with both hands at the same time.

Hands; this forbids the use of the two arms joined together.

‘His own’ — not that of others; hence there would be nothing wrong in having one’s head scratched with the two hands of another person.

Since the head has been specified, there would be nothing wrong in scratching the back and other parts of the body.

‘He shall not touch it’ — his own head, with his own hand, — or with any other part of the body, as some people have explained. But this is not right, as it is the hands that are being spoken of in the text.

‘He shall not bathe without it’ — i.e., without the head. This rule applies to all kinds of bathing — the daily obligatory one as well as the occasional one.

“Why should this rule be observed in the case of ordinary bathing, done by a person who has perspired (and only wishes to clean the perspiration)?”

That it should be so follows from the fact that the present rule is meant to be taken along with the rule laying down bathing.

For connecting this rule with the bathing that is directly enjoined, — there may be some reason. But, so far as the ordinary bathing is concerned, since there is no injuction regarding it, there can be no ground for observing the present rule in connection with it.”

Well, as a matter of fact, the root‘to bathe’ denotes the act of washing with water, cow’s urine and such things — the whole body or the rest of the body, barring the head. And, since people might leave off the head, when bathing on having touched a Cāṇḍāla, or some such unclean thing, — the text forbids this by the rule — ‘he shall not bathe without the head.’ Ordinary bathing, without washing the head, is of course possible; in view of which we have such assertions as — ‘having bathed his head, etc., etc.,’ — (82)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 183), which explains ‘tataḥ’ as standing for the head.

 

Comparative notes by various authors:

Viṣṇu (68.38.) — ‘He shall not touch his head (while unclean).’

Viṣṇu (71.53). — ‘With hands joined together, he shall not scratch his head or his belly.’

Mahābhārata (13.101-69). — [Same as Manu, the second line reading as — ‘ Nacābhīkṣṇam śiraḥ snāyāt tathāsyāyurna ṛṣyate ].’

 

 

VERSE 4.83

Section IX - Personal Cleanliness

 

केशग्रहान् प्रहारांश्च शिरस्येतान् विवर्जयेत् ।
शिरःस्नातश्च तैलेन नाङ्गं किं चिदपि स्पृशेत् ॥८३॥

keśagrahān prahārāṃśca śirasyetān vivarjayet |
śiraḥsnātaśca tailena nāṅgaṃ kiṃ cidapi spṛśet ||83||

 

Catching of the hair, as also striking on the head, — these he shall avoid; having his head bathed, he shall touch no limb with oil. — (83)

 

Medhātithi’s commentary (manubhāṣya):

Some people hold that this refers to one’s own head, as well as to the head of other persons; while others connect this with the term, ‘his own,’ of the preceding verse.

What is forbidden here is the hair-catching, etc., done in anger; for there is ‘hair-catching’ also during sexual intercourse, and this is not forbidden.

The compound ‘śiraḥ-snāta’ is to be expounded as‘śiraḥ snātam anena,’ he whose head has been bathed, the order of the term being in accordance with the rule governing such compounds as, by appearance, belong to the ‘Rājadanta’ group (Pāṇini 2.2.31).

‘He shall not touch any limb’ — of his own. — (83)

 

Explanatory notes by Ganganath Jha:

‘Tailena’ — This, is construed by almost all the commentators with ‘spṛśet’, ‘one should not touch with oil any limb after having bathed his head’; by others with ‘Śiraḥsnātaḥ’, ‘one who has anointed his head with oil shall noṭ touch any limb’.

This verse is quoted in Aparārka (p. 183), which construes the second line to mean ‘having anointed his head with oil, he shall not rub that same oil over any other limb, or he shall not, during the rest of that day, rub his body with any oil at all’.

 

Comparative notes by various authors:

Viṣṇu (64.12). — ‘He shall not touch the oiled limb.’

 

 

VERSE 4.84 [Gifts not to be Accepted]

Section X - Gifts not to be Accepted

 

न राज्ञः प्रतिगृह्णीयादराजन्यप्रसूतितः ।
सूनाचक्रध्वजवतां वेशेनैव च जीवताम् ॥८४॥

na rājñaḥ pratigṛhṇīyādarājanyaprasūtitaḥ |
sūnācakradhvajavatāṃ veśenaiva ca jīvatām ||84||

 

He shall not accept gifts from a king not born of the Kṣatriya caste; nor from the keepers of slaughterhouses, oil-presses or grog-shops; nor from those who live on brothels. — (84)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (4.33) that ‘he shall seek for wealth form Kings,’ This word, “king,” denoting the lord of men, has been found to be applied to the Kṣatriya as well as the non-Kṣatriya; e.g., in such expressions as ‘the Kingdom of Brāhmaṇas,’ Hence, in connection with a rule regarding the acceptance of gifts, when we find a prohibition, we take the term as standing for the lord of men; specially, as in the present verse, we have the phrase ‘not born of the Kṣatriya caste,’ Since it is possible for one to accept, through avarice, the gifts of the lords of men, belonging to all castes, the text has specified it; the sense being — ‘one shall not accept gifts from such a lord of men as is not born of the Kṣatriya caste; nor even from the Kṣatriya king, who does not behave according to the scriptures as will be made clear by the prohibition coming later on.

‘Sūnā’ is slaughter-house; and he who lives by selling meat, after having slaughtered the animal, is called a butcher,’ a ‘keeper of the slaughter-house.’

Similarly, ‘cakravān’ is one who lives by oil-pressing; who is known among men as ‘khaṭika.’

‘Dhvaja’ is wine-shop; and the ‘dhvajavān’ is he who lives by buying and selling wine

‘Veśa’ is brothel; he who lives by this — be it a man or a woman. — (84)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 218), which adds that the ‘king’ here spoken of is one who tyrannises over his subjects; — and in Prāyaścittaviveka (p. 410).

 

Comparative notes by various authors:

(verses 4.84-85)

Yājñavalkya (1.141). — [‘He shall not accept any gifts from a king who is greedy and who acts against the scriptures.’]

‘In the matter of acceptance of gifts, the butcher, the oil-presser, the wine-vendor, the prostitute and the king are all condemned, each succeeding one being ten times worse than the preceding.’

Yama (4, 58). — ‘Gifts from the king should be avoided by those who are desirous of winning the three worlds; by accepting the gift of a king, one’s Brāhmaṇahood disappears.’

Saṃvarta (quoted in Parāśaramādhava, p. 199). — ‘The king’s gift is something terrible; it is like wine-drinking, and like poison; it is better to feed on the flesh of one’s own son, than to accept of the king’s gift.’

 

 

VERSE 4.85

Section X - Gifts not to be Accepted

 

दशसूनासमं चक्रं दशचक्रसमो ध्वजः ।
दशध्वजसमो वेशो दशवेशसमो नृपः ॥८५॥

daśasūnāsamaṃ cakraṃ daśacakrasamo dhvajaḥ |
daśadhvajasamo veśo daśaveśasamo nṛpaḥ ||85||

 

One oil-press is equal to ten slaughter-houses; one grog-shop is equal to ten oil-presses; one brothel is equal to ten grog-shops; and one king is equal to ten brothels. — (85)

 

Medhātithi’s commentary (manubhāṣya):

This is meant to show that the receiving of gifts from the one mentioned later is more reprehensible than that from the one mentioned before it.

As for the means of subsistence during abnormal times, this shall be described later on. — (85)

 

Comparative notes by various authors:

(verses 4.84-85)

See Comparative notes for Verse 4.84.

 

 

VERSE 4.86

Section X - Gifts not to be Accepted

 

दश सूणासहस्राणि यो वाहयति सौनिकः ।
तेन तुल्यः स्मृतो राजा घोरस्तस्य प्रतिग्रहः ॥८६॥

daśa sūṇāsahasrāṇi yo vāhayati saunikaḥ |
tena tulyaḥ smṛto rājā ghorastasya pratigrahaḥ ||86||

 

A king has been declared to be equal to a butcher who maintains ten thousand slaughter-houses; and terrible is the receiving of gifts from him. — (86)

 

Medhātithi’s commentary (manubhāṣya):

‘Saunika’ is one who maintains a slaughter-house.

‘Maintains’ — carries on for his own benefit.

‘Terrible;’ — it is frightful, as leading to hell, and other places. — (86)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 185).

 

Comparative notes by various authors:

Viṣṇudharmottara (quoted in Parāśaramādhava, p. 200). — [Reproduces Manu.]

 

 

VERSE 4.87

Section X - Gifts not to be Accepted

 

यो राज्ञः प्रतिगृह्णाति लुब्धस्यौच्छास्त्रवर्तिनः ।
स पर्यायेण यातीमान्नरकानेकविंशतिम् ॥८७॥

yo rājñaḥ pratigṛhṇāti lubdhasyaucchāstravartinaḥ |
sa paryāyeṇa yātīmānnarakānekaviṃśatim ||87||

 

He who accepts gifts from a king who is avaricious and behaves contrary to the scriptures, goes, in succession, to these twenty-one hells: — (87)

 

Medhātithi’s commentary (manubhāṣya):

This is an exaggerated deprecation of receiving gifts from Kings.

‘Avaricious’ — who is in the habit of extracting riches from his subsidiary chiefs.

‘Who behaves contrary to the scriptures’ — he who acts against the laws laid down under 11-2 2 et. seq., and inflicts undue punishments, confiscates the women, and so forth.

‘In succession’ — i.e., he goes to another hell after having experienced the sufferings of one.

‘Hell.’ — This term signifies extreme suffering; and, since extreme suffering is all that is meant to be expressed, the singular number would be the proper form; and the number ‘twenty-one’ is an exaggerated description. — (87)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 185); — and in Prāyaścittaviveka (pp. 403 and 410), to the effect that one should not accept gifts from a Kṣatriya king who is unrighteous.

 

Comparative notes by various authors:

(verses 4.87-91)

Viṣṇu (43.1-22). — ‘The Hells are as follows —

Tāmisra,

Andhatāmisra,

Raurava,

Mahāraurava,

Kālasūtra,

Mahāmaraka,

Sañjīvana,

Avīci,

Tāpana,

Sampratāpana,

Saṅghātaka,

Kākola,

Kuḍmala,

Pūtimṛttika,

Lohaśaṅku,

Ṛcīṣa,

Viṣamapathin,

Kaṇṭakaśālmali,

Dīnapadī,

Asipatravana,

Lohacāraka.’

Skandapurāṇa (quoted in Parāśaramādhava, p. 199). — ‘The man who has been brought up on gifts from the king becomes a Brahmarākṣasa in the water-less desert, and docs not obtain another birth. The man who, having renounced his Brāhmaṇahood, and deluded by greed for riches and for sensual objects, accepts gifts from the king, his fall into the Raurava hell is certain. Even trees burnt by forest-fíres grow again on the advent of rain; but those that have been burnt by gifts from the king never grow again.’

 

 

VERSE 4.88-90

Section X - Gifts not to be Accepted

 

तामिस्रमन्धतामिस्रं महारौरवरौरवौ ।
नरकं कालसूत्रं च महानरकमेव च ॥८८॥

सञ्जीवनं महावीचिं तपनं सम्प्रतापनम् ।
संहातं च सकाकोलं कुड्मलं प्रतिमूर्तिकम् ॥८९॥

लोहशङ्कुं ऋजीषं च पन्थानं शाल्मलीं नदीम् ।
असिपत्रवनं चैव लोहदारकमेव च ॥९०॥

tāmisramandhatāmisraṃ mahārauravarauravau |
narakaṃ kālasūtraṃ ca mahānarakameva ca ||88||

sañjīvanaṃ mahāvīciṃ tapanaṃ sampratāpanam |
saṃhātaṃ ca sakākolaṃ kuḍmalaṃ pratimūrtikam ||89||

lohaśaṅkuṃ ṛjīṣaṃ ca panthānaṃ śālmalīṃ nadīm |
asipatravanaṃ caiva lohadārakameva ca ||90||

 

(1) Tāmisra, (2) Andhatāmisra, (3) Mahāraurava, (4) Raurava, (5) Kālasūtra-Naraka, (6) Mahānaraka, (7) Sañjīvana, (8) Mahāvīci, (9) Tāpana, (10) Sampatāpana, (11) Saṃhāta, (12) Sakākola, (13) Kuḍmala, (14) Pūtimṛttika, (15) Lohaśaṅku, (16) Ṛjīṣa, (17) Pathin, (18) Śālmalī, (19) Nadī, (20) Asipatravana and (21) Lohadāraka. — (88-90).

 

Medhātithi’s commentary (manubhāṣya):

The meaning of these three verses is clear. — (88-90)

 

Explanatory notes by Ganganath Jha:

(verses 4.88-90)

“A varied list is found in Yājñavalkya 3.222 et. seq., Viṣṇu 43.1 et. seq. Others occur in our text, 4.81, 4.197, 3.249, 12.76”. — Hopkins.

Nārāyaṇa takes ‘nadī’ as standing for the Vaitariṇī river; while Govindarāja takes it as by itsef forming the name of a particular hell. The Viṣṇupurāṇa has a hell named ‘Dīpanadī’.

All these three verses are quoted in Aparārka (p. 185); — and in Prāyaścittaviveka (p. 15), which adds the following explanation of the names: —

‘Tāmisra,’ darkness,

‘Andhatāmisra’, dense darkness, —

‘Mahāraurava-Raurava’, abounding in hot sands, —

‘Kālasūtra,’ resembling the potter’s cutting string, —

‘Mahānaraka’, where all sorts of dire sufferings are gone through, —

‘Sañjīvanam’, where one is repeatedly killed and brought to life, —

‘Mahāvīci’, where large waves tumble about, —

‘Tapana’, resembling flaming fire, —

‘Sampratāpana’ is another name for the Kumbhīpāka, —

‘Saṃhāta’ over-crowded, —

‘Kākola’, where people are devoured by crows, —

‘Kuḍmala,’ where there is whipping with cords, —

‘Pūtimṛttikam’ where the earth smells like filth, —

‘Lauhaśaṅku’, pricks like the needle, —

‘Ṛjīṣa’, where rotten flour is thrown, —

‘Panthā’, where one is constantly on the move, —

‘Śālmala’, where people are pierced by thorns of the Śālmalī tree, —

‘Nadī’, where one is washed away by such streams as the Vaitariṇī and the like —

‘Lohacāraka,’ where there is chaining in irons.

 

Comparative notes by various authors:

(verses 4.87-91)

See Comparative notes for Verse 4.87.

 

 

VERSE 4.91

Section X - Gifts not to be Accepted

 

एतद् विदन्तो विद्वांसो ब्राह्मणा ब्रह्मवादिनः ।
न राज्ञः प्रतिगृह्णन्ति प्रेत्य श्रेयोऽभिकाङ्क्षिणः ॥९१॥

etad vidanto vidvāṃso brāhmaṇā brahmavādinaḥ |
na rājñaḥ pratigṛhṇanti pretya śreyo'bhikāṅkṣiṇaḥ ||91||

 

Knowing this, the learned Brāhmaṇas reading the Vedas do not accept gifts from a king, if they desire to secure welfare after death. — (91)

 

Medhātithi’s commentary (manubhāṣya):

This is the final summing up of the foregoing rules forbidding the acceptance of gifts.

Knowing that the accepting of gifts from kings is the source of various forms of suffering, learned Brāhmaṇas should not accept gifts from kings.

‘After death’ — i.e., in the next birth; — ‘welfare’ — good; — those who desire. The term ‘pretya,’ which has the form of a participle, is a totally different word.

‘Brahma’ is Veda; those who ‘read,’ study it.

The epithets, ‘learned’ and ‘reading the Vedas,’ have been added with a view to indicate the excessive character of the suffering. Such persons suffer the greatest pains, resulting from the said acceptance of gifts; as it is going to be declared — ‘the learned man should fight shy of that.’ — (91).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 185).

 

Comparative notes by various authors:

(verses 4.87-91)

See Comparative notes for Verse 4.87.

 

 

VERSE 4.92 [Daily Duties]

Section XI - Daily Duties

 

ब्राह्मे मुहूर्ते बुध्येत धर्मार्थौ चानुचिन्तयेत् ।
कायक्लेशांश्च तन्मूलान् वेदतत्त्वार्थमेव च ॥९२॥

brāhme muhūrte budhyeta dharmārthau cānucintayet |
kāyakleśāṃśca tanmūlān vedatattvārthameva ca ||92||

 

He shall wake up at the point of time sacred to Brahman, and then think over the means of acquiring Merit and wealth, of the bodily troubles involved therein, and also of the true meaning of the Veda. — (92).

 

Medhātithi’s commentary (manubhāṣya):

The night being divided into three parts, the last part is the ‘point of time sacred to Brahman;’ and it is at this time that one should renounce sleep.

Fully awakened at the said time, he shall ‘think over the means of acquiring merit (i.e., Duty) and Wealth’; he should also think over the bodily trouble involved in the performance of his duties (as bringing merit); and if he finds that a certain duty is an unimportant one, and yet its fulfilment involves much bodily trouble, — or, if he finds that it stands in the way of another Duty, — then he shall omit such a duty. Similarly, the means of acquiring Wealth also — such as service and the like — are the source of much trouble; and this also shall be omitted; in view of the principle that ‘one should protect oneself from all things.’

What is meant is that he should not do anything without having duly thought over it, and that he should not indulge in building castles in the air. It is the very nature of men that, when they are not outwardly engaged, there arise in their minds many fancies, in the form of a longing for obtaining what belongs to others, and so forth. And it is the avoiding of this that the text lays down, with a view to the man’s temporal interests.

At the said time, ‘the true meaning of the Veda’ should also be thought over, in its bearing upon causes and effects. That is, one should meditate, in the manner laid down in the Vedānta, upon the esoteric science of the Soul. Or, in connection with the ritualistic section of the Veda also, he should ponder over the real meaning of the texts; that is, in his own mind he should determine that ‘this is an Injunction,’ ‘this its meaning;’ ‘this the action prescribed,’ ‘this is the form of the act,’ ‘this is the Deity of this sacrifice,’ ‘this the material to be employed,’ ‘such and such a person is entitled to its performance,’ ‘such and such is the procedure to be adopted,’ and so forth. He should also ponder over the diverse explanations provided by the Commentators, and with the help of reason, he should decide whose explanation is correct and whose wrong. — (92).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 158); — in Parāśaramādhava (Ācāra, p. 206), which explains ‘Vedatattvārtha’ as ‘the Supreme Self’; — in Madanapārijāta (p, 204); — and in Vīramitrodaya (Āhnika, p. 13), which explains ‘Brāhma muhūrta’ as ‘the last quarter of the night’, and adds that the time is so called because it is the time for the awakening of Brāhmī, i.e., Bhāratī, the goddess of speech; and that the term ‘muhūrta’ is to be taken as standing for time in general, and not in the restricted technical sense of a period of 48 minutes; and this on the ground that 48 minutes would not suffice for all those acts that are prescribed for being done after rising and before sunrise. It goes on to add that according to other Nibandhas, the last but one Muhūrta (48 minutes) of the night is called ‘Brāhma’, because it is sacred to Brahman. The conclusion that it arrives at is that those who have to perform all the acts of Vedic study and the rest should rise in the beginning of the last quarter of the night, i.e., at 3 a.m. while others in the third Muhūrta of that quarter, i.e., after 4-36 a.m. It explains ‘Tanmūlān’ as ‘due to those acts that are done for the sake of Dharma and Artha’; and the purpose for which all this is to be pondered over is that if the labour involved in a certain act is much, while the resultant Dharma or Artha is little, then it is to be avoided. — ‘Vedatattvārtha’ — here the term ‘tattva’ has been added for the purpose of excluding such meanings as might be deduced by wrong methods of interpretation; or ‘Vedatattvārtha’ might stand for Brahman.

This verse is quoted in Ācāramayūkha (p. 4), which explains ‘Vedatattvārtha’ as god, but quotes Śrīdatta to explain it as ‘nyāyapratītor’thaḥ’; it explains ‘brāhmamuhūrta’ as the last but one muhūrta of the night.

 

Comparative notes by various authors:

Viṣṇu (6.1). — ‘Waking up at the point of time sacred to Brahman, he should evacuate the bladder and the bowels.’

Vaśiṣṭha (12.44). — ‘Waking up at the latter end of night, he shall not go to sleep again.’

Vāmanapurāṇa (Vīramitrodaya-Āhnika, p. 16). — ‘One shall rise at the moment sacred to Brahman, and think of the principal gods and sages.’

Yājñavalkya (1.115). — ‘Waking up at the point of time sacred to Brahman, he shall ponder over his welfare, and he shall not neglect spiritual merit or wealth or pleasure, each at its proper time.’

Kūrmapurāṇa (1.2.18.3). — ‘Waking up at the point of time sacred to Brahman, he shall ponder over spiritual merit and wealth, also over the bodily trouble involved therein; then he shall meditate upon God.’

Viṣṇupurāṇa (3.11.5-7). — ‘Waking up at the point of time sacred to Brahman, the wise man shall ponder over spiritual merit as also such wealth as may not be obstructive of the former; he shall think also of pleasure to the extent that it does not stand in the way of the other two. Such wealth and pleasure as are obstructive of spiritual merit one must abandon; as also such means of acquiring spiritual merit as may be conducive to pain or condemned by the people.’

Mahābhārata (13.104.15). — ‘He shall rise at the point of time sacred to Brahman, and then ponder over spiritual merit and wealth.’

Viṣṇu (Vīramitrodaya-Āhnika, p. 13). — ‘Rising at the moment sacred to Brahman, he shall do all that has been declared to be conducive to Dharma.’

Dakṣa (Do.). — ‘During the last two quarters of the night one shall be devoted to Vedic Study.’

Kāśikhaṇḍa (Do., 8.15). — ‘The last half-quarter of ṭhe night is the moment sacred to Brahman; at that time should the wise man always rise and ponder over his welfare.’

 

 

VERSE 4.93

Section XI - Daily Duties

 

उत्थायावश्यकं कृत्वा कृतशौचः समाहितः ।
पूर्वां सन्ध्यां जपंस्तिष्ठेत् स्वकाले चापरां चिरम् ॥९३॥

utthāyāvaśyakaṃ kṛtvā kṛtaśaucaḥ samāhitaḥ |
pūrvāṃ sandhyāṃ japaṃstiṣṭhet svakāle cāparāṃ ciram ||93||

 

Having risen, and saving accomplished the necessities of nature, he shall perform the purifications, and, with collected mind, he shall stand, repeating for a long time (the Sāvitrī), during the morning-twilight, as also during the evening-twilight, at its proper time.’ — (93).

 

Medhātithi’s commentary (manubhāṣya):

When the night has passed and the dawn appeared, he should leave his bed.

‘Necessities of nature.’ — Evacuating of the bladder and of the bowels. As a rule, people do this act at that time; hence the evacuating has been called a ‘necessity.’

‘Purifications;’ — i.e., brushing of the teeth, &c.; having done all this; this is what is meant by ‘performing the purifications;’ — i.e., having washed and cleansed himself, according to the rules laid down in 5.136.

‘With a collected mind;’ — i.e., withdrawing his mind from all other thoughts.

‘He shall stand during the morning twilight, — repeating — the Sāvitrī; — he shall fix his mind upon the god Sun — ‘for a long time.’

The time of ‘twilight’ has been described as extending up to the appearance of the Sun; and even longer than this, one shall go on repeating the Sāvitrī, if he desire longevity. It is for the adding of this prolongation that the afore mentioned Injunction regarding the Twilight Prayers (See 2.101) has been reiterated. ‘Also during the evening twilight, — at its proper time;’ — i.e., beginning from sunset and prolonging it till after the appearance of the stars — (93)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 13).

 

Comparative notes by various authors:

Mahābhārata (Anuśāsana, 104.16). — ‘Rising from the bed, with joined hands he shall offer the morning Twilight Prayer.’

Viṣṇu (71.77). — ‘For a long time he shall continue the Twilight Prayer.’

Aṅgiras (Vīramitrodaya-Āhnika, p. 19). — ‘Rising during the last quarter of the night, one should give up the cloth worn during the night, and having washed his hands, feet and face, think of Hari.’

Kātyāyana (Do., p. 20). — ‘Rising, washing his eyes and becoming clean, etc.’

 

 

VERSE 4.94

Section XI - Daily Duties

 

ऋषयो दीर्घसन्ध्यत्वाद् दीर्घमायुरवाप्नुयुः ।
प्रज्ञां यशश्च कीर्तिं च ब्रह्मवर्चसमेव च ॥९४॥

ṛṣayo dīrghasandhyatvād dīrghamāyuravāpnuyuḥ |
prajñāṃ yaśaśca kīrtiṃ ca brahmavarcasameva ca ||94||

 

It was by reason or their prolonged twilight-devotions that the sages obtained long life, wisdom, fame, refutation and Brahmic glory. — (94)

 

Medhātithi’s commentary (manubhāṣya):

The Author proceeds to show for what purpose the aforesaid act has been prescribed. The meaning is that if one desires such rewards as long life and so forth, he should perform the twilight-devotions for a long time. Though the act is an obligatory one, yet the said rewards follow from prolonging it.

This prolongation is possible only for one who is either without Fires, or is away from home. As for others (e.g., the man with the Fires living at home), the prolongation of the Twilight-Devotions would inpinge upon the time laid down for the Agnihotra-offerings.

The twilight devotion is called ‘prolonged,’ only figuratively; the term ‘twilight devotion’ standing for the reciting of Mantras, etc., that is done in connection with the said devotion.

The compound ‘dīrghasandhyā’ is a Bahuvrīhi.

The mention of the sages is by way of a commendatory statement — (94)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nityācārapradīpa (p. 386), which explains that ‘dīrghasandhyatva’ is secured by continuing the Japa till after sunrise.

 

Comparative notes by various authors:

Mahābhārata (Anuśāsana, 104.18). — [Same as Manu, reading ‘nityasandhya’ for ‘dīrghasandhya.’]

Yama (in Parāśaramādhava, p. 300). — [Same as Manu.]

 

 

VERSE 4.95 [Vedic Study]

Section XII - Vedic Study

 

श्रावण्यां प्रौष्ठपद्यां वाऽप्युपाकृत्य यथाविधि ।
युक्तश्छन्दांस्यधीयीत मासान् विप्रोऽर्धपञ्चमान् ॥९५॥

śrāvaṇyāṃ prauṣṭhapadyāṃ vā'pyupākṛtya yathāvidhi |
yuktaśchandāṃsyadhīyīta māsān vipro'rdhapañcamān ||95||

 

Having perfomed the “Upākarma” (starting rite) on the full- moon day in the month of Śrāvaṇa or of Bhādrapada, the Brāhmaṇa shall, with due diligence, study the vedas, according to rule, during four months and a half. — (95)

 

Medhātithi’s commentary (manubhāṣya):

The full moon day related to the asterism of Śravaṇā is called ‘Śrāvaṇī;’ similarly, ‘Prauṣṭhapadī.’ — On either of these days, — ‘having performed the rite known as “Upākarma,”’ — he shall study the Vedas, — ‘according to rule;’ this refers to the rules laid down under 2.75 et seg. — Yukta — applying himself with diligence.

‘Chandāṃsi’ — the Vedas. The term ‘chandas’ here stands for the Veda, and not for the metres, Gāyatrī and the rest. Hence this same rule applies also to the case of those who are studying the prose-Brāhmaṇas (and is not restricted to those studying the metrical saṃhitā texts only). It is only right that the rule should be so applicable, as both (prose and metrical portions) are equally regarded as ‘Veda.’ In this connection, the option referred to has been restricted to the extent that the students of the Sāma-Veda perform the ‘Upākarma’ on the full-moon day of Bhādrapada, while those of the Ṛgveda and the Yajurveda do it on that of Śrāvaṇa — (95)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.142) to the effect that the Veda is to be studied for four months and a half; — in Parāśaramādhava (Ācāra, p. 518), which explains the compound ‘ardhapāñcamān’ as ‘ardham pāñcamam yeṣām’, i.e., four months and a half; and adds that if on the day here specified there happen to be such conditions antagonistic to study, as the non-appearance of the Venus and the like — then the Upākarma should be performed on the Full-moon day of the month of Āṣāḍha.

It is quoted in Vīramitrodaya (Saṃskāra, p. 499); — and in Madanapārijāta (p. 84), which also explains the compound ‘ardhapañcamān’ as ‘ardhāḥ pañcamo māso yeṣām’; — i.e., for four months and a half, counting from the day on which the Upākarma ceremony is performed. It adds that this rule is applicable, not to the Student only, but to the House-holder also.

It is quoted in Vidhānapārijāta (p. 512), which adds that according to the explanation provided by Hemādri, the particle ‘api’ is meant to include the fifth day of the month of Bhādrapada as another alternative day.

It is quoted in Aparārka (p. 186), which explains the construction as — ‘Chandāṃsi upākṛtya tāni ardhapañcamān māsān adhīyīta’; and explains the compound ‘ardhapāñcamān’ as ‘ardhaḥ pāñcamo māso yeṣām’; — the meaning being that from the day that the Upākarma is performed, the man should go on studying the Veda for four months and a half; — in Puruṣārthacintāmaṇi (p. 298) as laying down Vedic study to be done during four months and a half, during both the dark and the bright fortnights; — in Hemādri (Kāla, p. 396), which adds that the particle ‘api’ is meant to imply the ‘Bhādrapada — Śravaṇā — Hastā and Pañcamī’; — in Gadādharapaddhati (Kāla, p. 171), which says that the Chandogas are to do the Upākarma on the Full-moon day of Bhādrapada, while all others are to do it on the same day in Śrāvaṇa; — and in Smṛticandrikā (Saṃskāra, p. 147), which explains ‘yuktaḥ’ as ‘with due application.’

 

Comparative notes by various authors:

Gautama (16.1-2). — ‘Having performed the annual Upākarma on the fullmoon day of either Śrāvaṇa or Bhādra, he shall study the Vedas for four months and a half, or throughout the Southern Path of the Sun.’

Baudhāyana (1.6.143). — ‘Having performed the Upākarma on the fullmoon day of either Śrāvaṇa or Bhādra or Āṣādha, he shall perform the Utsarjana on the fullmoon day of either Pauṣa or Māgha.’

Āpastamba (1.9.1-3). — ‘On the fullmoon day of either Śrāvaṇa or Bhādra, having performed the Upākarma of Vedic Study, he shall not study at night for one month. He shall stop the study on the fullmoon day of either Pauṣa or Mārgaśīrṣa. According to some people, the study has to be carried on for four months and a half.’

Vaśiṣṭha (13.1-5). — ‘Next proceeds the Upākarma of Vedic Study: On the fullmoon day of either Śrāvaṇa or Bhādra, having kindled the fire and performed the rites of fire-laying, he pours oblations into it to Gods, Ṛṣis and the Vedas. Having made the Brāhmaṇas pronounce the benedictory syllable Svasti, he shall eat curd and then start the Vedic Study, and continue it for four and a half or five and a half months. After that he is to study the Veda only during the brighter fortnight; but the subsidiary sciences, he may read whenever he likes.’

Kūrmapurāṇa (Parāśaramādhava, p. 519). — ‘On the fullmoon day of Śrāvaṇa or Āśāḍha or Bhādra has the performance of Upākarma been prescribed.’

Viṣṇu (30.1). — ‘Having performed the Upākarma on the fullmoon day of either Śrāvaṇa or Bhādra, he shall study for four months and a half.’

Yājñavalkya (1.142). — ‘He shall perform the Upākarma of the Vedas on the appearance of herbs, either on the fullmoon day of Śrāvaṇa or on a day in Śrāvaṇa under the asterism of Śravaṇā, or on the fifth day of Śravaṇā under the asterism of Hastā.’

Āśvalāyāna Gṛhyasūtrā (3.5.1-4). — ‘Next comes the Upākaraṇa of the Veda: — on the appearance of herbs, on that day of the month of Śrāvaṇa which falls under the asterism of Śravaṇā; — or on the fifth day, under the asterism of Hastā; — and he shall carry on the study for six months.’

Pāraskara (2.10.1-2). — ‘Next comes the Upākarma of the Veda. On the appearance of herbs, on the fullmoon day of the month of Śrāvaṇa, under the asterism of Śravaṇā, or on the fifth day under the asterism of Hastā.’

Do. (II. 10-11). — ‘Having carried on the study for five months and a half they should perform the Utsarjana; or after having studied for ten months and a half.’

Gobhila (3.3.1, 13) — ‘The Upākaraṇa is to he done oṇ the fullmoon day of Bhādra under the asterism of Hastā; — according to others under the asterism of Śravaṇā.’

Do. (Parāśaramādhava, p. 519). — ‘The Taittirīyakas perform the Upākarma on the fullmoon day of Śrāvaṇa when it occurs after the fore-noon; the Ṛgvedis do it on the asterism of Śravaṇā.’

Pracetas (Vīramitrodaya-Saṃskāra, p. 497). — ‘The Upākarma should be performed in the fore-noon on the fullmoon day.’

Smṛtyantara (Do., p. 500). — ‘During the month of Śrāvaṇa, on the Śravaṇā asterism; on the fullmoon day of Śrāvaṇa, on the fifth day under the asterism of Hastā, the prescribed Upākarma should be performed.’

Śāṅkhyāyana (Do., p. 500). — ‘Next the Upākaraṇa — on the appearance of herbs, under the asterism of Hastā or Śravaṇā.’

Hiraṇyakeśin (Do., p. 501). — ‘Next we describe the Upākarma and the Utsarjana — during Śrāvaṇa, on the appearance of herbs, or on the fullmoon day under the asterism of Hastā, the Upākarma should be performed.’

Maitra-Sūtra (Vīramitrodaya-Saṃskāra, p. 502). — ‘During the rains, under the asterism of Śravaṇā, he performs the Upākarma of the Veda.’

Khādira-Sūtra (Do., p. 503). — ‘They perform the Upākarma of the Veda on the fullmoon day of Bhādra, under the asterism of Hastā.’

 

 

VERSE 4.96

Section XII - Vedic Study

 

पुष्ये तु छन्दसां कुर्याद् बहिरुत्सर्जनं द्विजः ।
माघशुक्लस्य वा प्राप्ते पूर्वाह्णे प्रथमेऽहनि ॥९६॥

puṣye tu chandasāṃ kuryād bahirutsarjanaṃ dvijaḥ |
māghaśuklasya vā prāpte pūrvāhṇe prathame'hani ||96||

 

The Brāhmaṇa shall perform, outside, the “Utsarjana” (Suspension) of the Vedas on the day of the Puṣya asterism, or on the forenoon of the first day of the bright fortnight of the month of Māgha. — (96)

 

Medhātithi’s commentary (manubhāṣya):

On the expiry of the four months and a half, when the Puṣya asterism comes for the first time, — on that day, one should perform the ‘Utsarjana’ rite. The exact form of this rite has been described by the authors of the Gṛhyasūtras.

‘Outside’ — i.e., in an uncovered place.

The exact form of these two rites — The ‘Upākarma’ — and the ‘Utsarjana’ should be learnt from the Gṛhyasūtras. — (96)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 186), which adds that ‘if the Upākarma has been performed on the Full-moon day of Śrāvaṇa, then the Utsarjana should be performed on the first day of the bright fortnight of Pauṣa, while if the Upākarma has been done in Bhādrapada, then the Utsarjana should be done in Māgha’.

It is quoted in Mitākṣarā (on 1.143) to the effect that if the Upākarma has been done in Bhādrapada, the Utsarjana should be done in Māgha; — in Parāśaramādhava (Ācāra, p. 521), which adds the same two options as Aparārka; — in Madanapārijāta (p. 95), which also notes the same two options; — in Puruṣārthacintāmaṇi (p. 297), which says that if the Upākarma has been done in Śrāvaṇa then the Utsarjana should be done in Pauṣa, on the first day of the bright fortnight; but if the former has been done in Bhādra then the latter should be done in Māgha on the same day; — in Hemādri (Kāla, p. 405), which adds the same remark; — in Smṛtisāroddhāra (p. 129), which has the same note; — and in Smṛticandrikā (Saṃskāra, p. 147), which says that ‘śukla pratipadi pūrvāhne’ goes with both, and adds the same explanation as above.

 

Comparative notes by various authors:

Baudhāyana (1.5.143). — [See above].

Āpastamba (1.9.2). — [See above].

Viṣṇu (30.2). — ‘Then their Utsarjana should be performed; but not of those of whom the Upākarma had not been performed.’

Yājñavalkya (1.143). — ‘During the month of Pauṣa, under the asterism of Rohiṇī, or on the Aṣṭakā day, he shall perform the Utsarjana of Vedic texts, near water, in the prescribed manner, somewhere outside.’

Pāraskara (2.12.1). — ‘During the month of Pauṣa under the asterism of Rohiṇī, or on the middlemost Aṣtakā day, he shall perform the suspension (Utsarjana) of the Vedic texts.’

Gobhila (3.3.14). — ‘They suspend (study) on the fullmoon day of Pauṣa.’

 

 

VERSE 4.97

Section XII - Vedic Study

 

यथाशास्त्रं तु कृत्वैवमुत्सर्गं छन्दसां बहिः ।
विरमेत् पक्षिणीं रात्रिं तदेवैकमहर्निशम् ॥९७॥

yathāśāstraṃ tu kṛtvaivamutsargaṃ chandasāṃ bahiḥ |
viramet pakṣiṇīṃ rātriṃ tadevaikamaharniśam ||97||

 

Having performed, according to law, the “Utsarga” of the Vedas, he shall cease for the night with its two wings, including the same day and night. — (97)

 

Medhātithi’s commentary (manubhāṣya):

Having perfomed the ‘Utsarga’-rite, he shall not read the Veda for two days and one night; i.e. during ‘that same day and night,’ and during the next day only (not the night). During this time, ‘he shall cease’ — i.e., not read the Veda.

The night, along with the preceding and the following days, is called ‘the night with its two wings.’

Or, the day on which the ‘Utsarga’ rite has been performed, that day and the same night are ‘holidays;’ and on the next day the study should be resumed.

According to the former explanation, the next day is an ‘holiday,’ and study is to be resumed on the second night.’ — (97)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 187) to the effect that after Upākarma and Utsarjana, one should observe a holiday of either one day or three days; — in Mitākṣarā (on 1.143); — in Smṛtichandrikā (Saṃskāra, p. 154), which says that this verse, along with verse 119, lays down three alternatives — (1) ‘Pakṣiṇī rātri’, i.e., one night with a day preceding, and another following it, — (2) three days (mentioned in verse 119) and (3) one day — the alternative to be adopted being determined by one’s own Gṛhyasūtra; — in Hemādri (Kāla, p. 761), which adds the same note; — and in Saṃskāramayūkha (p. 58).

 

Comparative notes by various authors:

Viṣṇu (30.4). — ‘On the fourteenth and the eighth of the month, one shall not read during the whole day and night.’

Āpastamba (Aparārka, p. 187). — ‘Having performed the Upākarma on the fullmoon day of Śrāvaṇa, one should not read at night, for one month.’

 

 

VERSE 4.98

Section XII - Vedic Study

 

अत ऊर्ध्वं तु छन्दांसि शुक्लेषु नियतः पठेत् ।
वेदाङ्गानि च सर्वाणि कृष्णपक्षेषु सम्पठेत् ॥९८॥

ata ūrdhvaṃ tu chandāṃsi śukleṣu niyataḥ paṭhet |
vedāṅgāni ca sarvāṇi kṛṣṇapakṣeṣu sampaṭhet ||98||

 

After this, he shall diligently read the Vedas during the bright fortnights, and all the subsidiary sciences during the dark fortnights. — (98)

 

Medhātithi’s commentary (manubhāṣya):

‘After this’ — after the ‘Utsarga’ rite has been performed, — subsequently, ‘during the brighter fortnights,’ he shall read the Vedas, which consist of the collection of Mantras and Brāhmaṇas. The ‘subsidiary sciences,’ i.e., the Phonetics, Rituals, Grammar and the rest, — he shall read ‘during the dark fortnights’ — (98)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.143), to the effect that during the rest of the year, one should study the Veda during the bright fortnights and the Subsidiary Sciences during the dark fortnights; — in Madanapārijāta (p. 95), to the effect that the ‘dismissal’ involved in the Utsarjana ceremony does not mean that its study should be totally abandoned during the rest of the year; — in Puruṣārthacintāmaṇi (p. 298) as laying down the method of study to be adopted after Utsarjana; — and in Smṛticandrikā (Saṃskāra, p. 148).

 

Comparative notes by various authors:

Viṣṇu (30.3). — ‘Between the Utsarjana and the Upākarma, one shall carry on the study of the Subsidiary Sciences.’

 

 

VERSE 4.99

Section XII - Vedic Study

 

नाविस्पष्टमधीयीत न शूद्रजनसन्निधौ ।
न निशान्ते परिश्रान्तो ब्रह्माधीत्य पुनः स्वपेत् ॥९९॥

nāvispaṣṭamadhīyīta na śūdrajanasannidhau |
na niśānte pariśrānto brahmādhītya punaḥ svapet ||99||

 

He shall recite, not indistinctly, nor in the proximity of Śūdras; nor shall he go to sleep again, at the end of night, when he is tired after having recited the Veda. — (99)

 

Medhātithi’s commentary (manubhāṣya):

‘Indistinct’ — when the letters and accents are not clearly pronounced. This happens when a man is reciting hurriedly.

‘At the end of night’ — in the latter part of night. If he, on rising from sleep, study the Veda, he shall not, if he becomes tired, go to sleep again. The right reading is — ‘na niśānte pariśrānto brahmādhītya śayīta tu.’ — (99)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 144) as laying down what should be avoided in the reading of the Veda; — in Vīramitrodaya (Saṃskāra, p. 525); — in Vidhānapārijāta (p. 526); — in Nṛsiṃhaprasāda (Āhnika, p. 35a); — and in Saṃskāraratnamālā (pp. 313 and 323).

 

Comparative notes by various authors:

Gautama (16.19). — ‘In the proximity of rotting smell, a dead body, a Caṇḍāla or a Śūdra (the Veda shall not be studied).’

Āpastamba Dharmasūtra (l.9.9-11). — ‘The Śūdra and the outcast are like the cremation-ground — as regards the Śūdra woman, if she looks at one, or if one looks at her, the reading should be stopped.’

Vaśiṣṭha (18.9). — ‘The Śūclras are the same as the cremation-ground; therefore one should not read near the Śūdra.’

Viṣṇu (30.14, 27). — ‘Not near the Śūdra or the outcast; one should not sleep after having read at the end of the night.’

Yājñavalkya (1.148). — ‘On hearing the sound of the dog, or of the jackal, or of the ass, or of the owl, or of Sāma-chant, or of the bamboo-flute, or of a man in pain, — as also near an unclean thing, or a dead body, or a Śūdra, or a Caṇḍāla, or the cremation-ground, or an outcast (the reading shall be stopped).’

Baudhāyana (1.11.33). — ‘During the time that the Śūdra hears or sees (study shall be stopped).’

Nārada (Parāśaramādhava, p. 144). — ‘He who reads without the hand, or defective in accent and syllable, he becomes scorched by Ṛk, Yajuṣ and Sāman.’

Vyāsa (Do.). — ‘What is read on a forbidden day, or near a Śūdra, or for obtaining gifts, leads one to hell.’

 

 

VERSE 4.100

Section XII - Vedic Study

 

यथोदितेन विधिना नित्यं छन्दस्कृतं पठेत् ।
ब्रह्म छन्दस्कृतं चैव द्विजो युक्तो ह्यनापदि ॥१००॥

yathoditena vidhinā nityaṃ chandaskṛtaṃ paṭhet |
brahma chandaskṛtaṃ caiva dvijo yukto hyanāpadi ||100||

 

According to the prescribed rule, the Brāhmaṇa shall, every day, during normal times, diligently recite the Veda in verse, as also the Veda in verse and prose. — (100)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘verse’ stands for the ‘Gāyatrī’ and other metres; and the Veda with these, is the Ṛgveda, and also the Sāma Veda. The term ‘kṛta’ is used here in the sense of association, the root ‘kṛ’ having several significations, it is explained as denoting ‘association’ in the present context. The root ‘kṛ’ has the sense of ‘collecting’ in such expressions as ‘gomayān kuru’ (collect cowdung), — it has the sense of rubbing, in the expression ‘pṛṣṭham kuru’ (Rub the back); similarly, in the present text it means ‘association.’

‘Brahmachandaskṛtam’ — that which is in verse and prose. In the Yajurveda, there are prose-passages, as also Mantras composed in the Gāyatrī and other metres; both kinds of passages being found in the same chapter. It is not so in the Ṛgveda or in the Sāma Veda; in both of which the mantras (in metre) form one part and the Brāhmaṇas (prose) form a distinct part. It is on the basis of this difference in the character of the Vedas that the text mentions them in the way in which it has done. Thus have the older writers explained the text.

‘According to rule’ — This sums up the rules laid down in connection with normal times. In abnormal times, one would need the presence of the Teacher for enlightening him regarding the distinction mentioned in the text; and if, on that account, he were not to repeat the texts, he would forget them; hence, in this case, the aforesaid distinction need not be observed. — (100)

 

Comparative notes by various authors:

Gautama (quoted in commentary on Gobhila, p. 64). — ‘There is no stopping of reading for that reading which has been laid down as to be done every day.’

 

 

VERSE 4.101 [Days unfit for Study]

Section XIII - Days unfit for Study

 

इमान्नित्यमनध्यायानधीयानो विवर्जयेत् ।
अध्यापनं च कुर्वाणः शिष्याणां विधिपूर्वकम् ॥१०१॥

imānnityamanadhyāyānadhīyāno vivarjayet |
adhyāpanaṃ ca kurvāṇaḥ śiṣyāṇāṃ vidhipūrvakam ||101||

 

One who is studying the Veda should always avoid these days, as unfit for study; so also the person who is doing the teaching of pupils according to rule. — (101)

 

Medhātithi’s commentary (manubhāṣya):

‘These’ — i.e., those going to be described; — ‘he shall avoid who is reading the Veda, as also the person who does the teaching.’ Inasmuch as the work of teaching is mentioned, the reading of the Veda for the purpose of repeating and getting up (the old lessons) is permitted (on the days specified).

‘Always;’ — i.e., not only after the performance of the ‘Utsarga’-rite, but also during the four months and a half, following the ‘Upākarma’ rite.

‘Of pupils’ — this is only an explanatory reiteration. — (101)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Gadādharapaddhati (Kāla, p. 194); — in Puruṣārthacintāmaṇi (p. 444); — and in Hemādri (Kāla, p. 776).

 

Comparative notes by various authors:

Purāṇa (quoted in Caturvargacintāmaṇi, p. 776). — ‘The pupil, carrying on his study, should avoid the days unfit for study; and the teacher, carrying on the teaching should avoid the days unfit for study.’

Viṣṇu (30.31). — ‘The Preceptor desiring the Brāhmic regions should sow knowledge in the fertile soil of the true pupil, except on the days unfit for study.’

 

 

VERSE 4.102

Section XIII - Days unfit for Study

 

कर्णश्रवेऽनिले रात्रौ दिवा पांसुसमूहने ।
एतौ वर्षास्वनध्यायावध्यायज्ञाः प्रचक्षते ॥१०२॥

karṇaśrave'nile rātrau divā pāṃsusamūhane |
etau varṣāsvanadhyāyāvadhyāyajñāḥ pracakṣate ||102||

 

(a) At night, when air is audible by the ear, and (b) in the day when there is dust-whorl, — these two occasions during the rains are declared by those versed in the rules of teaching to be unfit for study. — (102)

 

Medhātithi’s commentary (manubhāṣya):

When the wind blows with force, a sound is heard, which is produced by the impact of another (contrary) wind; this is what is called the ‘air audible by the ear.’ That which is heard by the ears is called ‘audible by the ear;’ the compound being between the instrument (ear) and the noun formed by a verbal affix. The term ‘ear’ is added for the purpose of indicating a particular condition, because hearing is always by means of ears. The meaning is that ‘when the sound of wind is heard, study should not be carried on.’

‘Dust-whorl’ — that which brings together dust; ‘pāṃsu’ meaning dust; this is mentioned only as indicative of the wind that produces it (i.e., the dust-storm). The meaning is that ‘after it has rained, whenever such a wind blows, that time shall be regarded as unfit for study.’

‘Versed in the rules of teaching,’ — who are conversant with the rules regulating the practice of teaching. — (102)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Gadādharapaddhati (Kāla, p. 194).

 

Comparative notes by various authors:

Gautama (16.5-6). — ‘One shall not study during the day if there is dust-raising wind; — also during the day if there is audible wind.’

Āpastamba Dharmasūtra (1.11.8). — ‘When there is noisy wind, or wind blowing straws on the ground, or when there is rain sufficient to flow along on the ground.’

Baudhāyana (1.11, 23). — ‘When the wind blows carrying rotting smell, or when there is fog, or when there are sounds of dancing, singing, weeping, or Sāma-chant, — then during the time that these last (it is unfit for study).’

Viṣṇu (30.7). — ‘Not when fierce wind is blowing.’

Yājñavalkya (l 6.150). — ‘When there is dust-storm, when the quarters are fiery, during the twilights, during fogs, and when there is danger.’

 

 

VERSE 4.103

Section XIII - Days unfit for Study

 

विद्युत्स्तनितवर्षेषु महोल्कानां च सम्प्लवे ।
आकालिकमनध्यायमेतेषु मनुरब्रवीत् ॥१०३॥

vidyutstanitavarṣeṣu maholkānāṃ ca samplave |
ākālikamanadhyāyameteṣu manurabravīt ||103||

 

When there is lightning, thunder and rain, — when there is promiscuous falling of meteors; — on these occasions, there shall be no study till the same time (next day): — thus has Manu declared. — (103)

 

Medhātithi’s commentary (manubhāṣya):

‘Vidyut’ — lightning; — ‘stanita’ — thunder. The copulative compound indicates that it is ‘time unfit for study’ only when all these appear simultaneously.

‘Meteor’ — is the name given to the light emanating from the stars that fall from the sky; — ‘the promiscuous falling’ of these is their falling here and there.

The term ‘ākālikam’ stands for the time beginning from the occurrences mentioned and ending with the same time on the following day.

The name of Manu has been, mentioned for the purpose of filling up the verse. Others have explained this to mean that an option is meant. — (103)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 529), which explains it as — ‘From the time of the phenomenon to the same time next day, it is unfit for study in Smṛtitattva (p. 834), which also gives the same explanation of ‘ākālikam’; — in Puruṣārthacintāmaṇi (p. 443), which explains ‘eteṣu’ as referring to ‘vidyut’ and the rest, and notes that ‘ākālikam’ goes with each of them; — in Hemādri (Kāla, p. 761), which has the same note and explains ‘ākālikam’ as beginning from the time of the phenomenon and extending up to the same time of the next day; — and adds that in seasons other than the rains, the ‘holiday’ is to be observed in the evening; — in Gadādharapaddhati (Kāla, p. 194); — in Saṃskāramayūkha, (p. 57), which adds the following notes: — all the three phenomena are to be taken collectively here, on account of the copulative compound — says Medhātithi; according to Hemādri, each is to be taken separately; what is said here refers to the rainy season; ‘ākālikam’ means ‘from the time of the occurrence to the same time on the morrow’; ‘Lightning and the rest’ are to be treated as ‘occasions of holiday’ only when they occur either in the morning or in the evening; — and in Smṛticandrikā (Saṃskāra, p. 149), which takes each of the three phenomena separately, and has the same notes as above.

 

Comparative notes by various authors:

(verses 4.103-104)

Gautama (16.10, 15, 16, 22-23). — ‘When clouds are seen out of season, — when there is untimely thunder, earthquake, eclipse or meteors, — also when there are ominous rumblings, rain or lightning, after the fires have been lighted, — when there are halos round the teacher or the sun or the moon.’

Baudhāyana (1.11.24). — ‘When there are thunder, rain and lightning, three days become unlit for study, except during the annual rains.’

Viṣṇu (30.8.9). — ‘Not when there is untimely rain, lightning and thunder; nor when there is earthquake, meteor-fall or fiery quarters.’

Vaśiṣṭha (13.9). — ‘When meteors and lightning appear together, three days are unfit for study.’

Yājñavalkya (1.145). — ‘When there is thunder during the twilights, or ominous rumblings, earthquake or fall of meteors, he shall stop the reading of the Veda, and proceed to read the Āraṇyaka texts.’

Pāraskara (1.11.2). — ‘When he has eaten at the Śrāddha, when there is fall of meteors, thunder, earthquake, or fiery portents, and at the juncture of the seasons, — till the same time next day.’

Gobhila (3.3.17-19). — ‘When there is lightning, thunder or rain, — then, till the same time next day; also when there is fall of meteors, earthquake or collision of planets; as also when there are ominous rumblings.’

Āpastamba Dharmasūtra (1.11.27, 28, 31). — ‘On the simultaneous appearance of lightning, thunder and rain, out of season, three days shall he regarded as unfit for study; only till such time as rain-water remains on the ground, say some; if there are untimely clouds, if there are halos round the sun or the moon, if the rainbow appears, or when there is a rotting smell in the wind, — so long as these last, it will be unfit for study.’

 

 

VERSE 4.104

Section XIII - Days unfit for Study

 

एतांस्त्वभ्युदितान् विद्याद् यदा प्रादुष्कृताग्निषु ।
तदा विद्यादनध्यायमनृतौ चाभ्रदर्शने ॥१०४॥

etāṃstvabhyuditān vidyād yadā prāduṣkṛtāgniṣu |
tadā vidyādanadhyāyamanṛtau cābhradarśane ||104||

 

When these appear after the Fires have been lighted, then is it to be regarded as time unfit for study; as also when clouds are seen out of season. — (104)

 

Medhātithi’s commentary (manubhāṣya):

It does not make the time unfit for study, if the said things appear at any time: it is only when they appear, after the Fires have been lighted,’ ‘prāduṣkṛtāgniṣu;’ — i.e., at the time of twilight; as it is only at these times that the Fires are always set ablaze for the purpose of pouring the libations. The term ‘prāduṣ’ signifies visibility.

‘Out of season.’ — The ‘season’ is the Rainy season; other than this is the time beginning with the autumn; During that time, if clouds are seen. This also is meant to be taken along with the phrase, ‘after the Fires have been lighted.’ — (104).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 530), which notes that the ‘agniprāduṣkaraṇa’ indicates the morning twilight; and that this Anadhyāya also is to be ākālikā (see verse 103); — in Hemādri (Kāla, p. 761); — in Saṃskāramayūkha (p. 58) in support of the view that the phenomena referred to should occur in the evening, or morning, and that there is no ‘holiday’ due to the mere appearance of clouds during the rainy season; it quotes

Dharmaprakāśa to the effect that ‘prāduṣkṛtāgniṣu’ (morning and evening) is to be taken with the ‘appearance of clouds’ also; — in Gadādharapaddhati (Kāla, p. 194); — in Varṣakriyākaumudī (p. 566), which explains ‘prāduṣkṛtāgniṣu’ as ‘at the times when the fire is kindled for the morning and evening Libations’, i.e., morning and evening, and the verse as meaning — ‘when the three phenomena of lightning and the rest are perceived during the season (Rains), then one day and night should be treated as holiday’, and apart from the Rainy season, if mere clouds appear in the morning or evening, one day and night should be observed; but not so during the rains; the particle ‘ca’ implies that when lightning and thunder are heard apart from the Rainy season, there will be a holiday for one day and night; — and in Smṛticandrikā (Saṃskāra, p. 149), which explains ‘prāduṣkaraṇa’, as ‘viharaṇa’, furbishing, — and says it denotes the Twlights.

Gadādharapaddhati (Kāla, p. 197) quotes the opinion of Kalpataru to the effect that on the appearance of each of the phenomena individually, only the time of the appearance is to be treated as holiday. It adds that the accepted practice is that whenever dense clouds appear, apart from the Rains, it is treated as a holiday.

 

Comparative notes by various authors:

(verses 4.103-104)

See Comparative notes for Verse 4.103.

 

 

VERSE 4.105

Section XIII - Days unfit for Study

 

निर्घाते भूमिचलने ज्योतिषां चोपसर्जने ।
एतानाकालिकान् विद्यादनध्यायान् ऋतावपि ॥१०५॥

nirghāte bhūmicalane jyotiṣāṃ copasarjane |
etānākālikān vidyādanadhyāyān ṛtāvapi ||105||

 

When there is preter-natural sound, when there is earthquake, and when there is an impact of planets, — these are to be regarded as time unfit for study, until the same hour next day, — even during the season. — (105).

 

Medhātithi’s commentary (manubhāṣya):

‘Preternatural sound’ — an ominous sound emanating from the sky.

‘Of planets’ — Moon, Sun, Jupiter, and the rest.

‘Impact’ — i.e., a halo round them, or mutual contact.

‘Even during the season.’ — ‘Even’ has been added with a view to the fact that portents are not regarded as such, during the rains. — (105).

 

Explanatory notes by Ganganath Jha:

‘Jyotiṣāñcopasarjane’ — ‘When there is a halo round the planets, and when they strike each other’ (Medhātithi); — ‘when there is an eclipse’ (Nārāyaṇa, Kullūka and Rāghavānanda).

This verse is quoted in Aparārka (p. 188), which explains ‘ṛtau’ as ‘during the raniny season’, and ‘ākālikān’ as ‘during the time of the phenomenon’; — in Vīramitrodaya (Saṃskāra, p. 530), which explains ‘Nirghāta’ as ‘sound in the sky’, and ‘Jyotiṣāmupasarjanam’ as ‘halo round the sun or the moon’, or ‘the falling of meteors’; — in Smṛticandrikā (Saṃskāra, p. 151) which explains ‘Nirghāta’ as ‘a peculiar sound in the sky’, and ‘Jyotiṣāmupasarjanam’ as ‘the appearance of a halo round the Sun or the Moon’; — and in Gadādharapaddhati (Kāla, p. 194).

 

Comparative notes by various authors:

Gautama (16.15, 16, 22). — ‘When there is a halo round the teacher, or the sun or the moon; also when there is untimely atmospheric rumbling or earthquake or eclipse.’

Baudhāyana (1.11.22). — ‘The full-moon day, the moonless day, the Aṣṭakā days, fire-portents, earthquake, the death of the lord of the country, of the Vedic Scholar, of one’s fellow-student; — on these occasions a day and night shall be unfit for study.’

Vaśiṣṭha (13.8). — ‘When one is running, when there is rotting smell and other such phenomena, on barren ground, when one is on a tree, or on a boat or in an army, just after meals, during the performance of the Cāndrāyaṇa, when bamboo-flute is being played upon, on the fourteenth day of the month, on the moonless day, on the eighth day, or the Aṣṭakā days, while spreading his legs,... while wearing unwashed clothes, or vomiting or urinating or evacuating the bowels, when the sounds of Sāma-singing are heard, when there are ominous rumblings or earthquake or eclipse, solar or lunar, when there is rumbling in the quarters, rumbling in the mountains, or shaking of the mountains, or landslips on mountains, or when there is rain of hails, flesh, blood or dust, — it shall be unfit for study during the time that it lasts.’

Viṣṇu (30.9). — ‘Nor during earthquake or meteor-fall or fiery quarters.’

Yājñavalkya (1.145) — [See above under 103-104.]

Parāśara (2.11.2). — [See above under 103-104.]

(Do.) (2.11.3). — ‘If clouds are seen after the exqiry of the rains, — for three days or for three twilights.’

Gobhila (3.3.18.9). — [See above 103-104.]

Yama (Aparārka, p. 188). — ‘By reason of Śakradhvaja, as also on the fall of meteors and earthquake, there shall be no study for three days.’

 

 

VERSE 4.106

Section XIII - Days unfit for Study

 

प्रादुष्कृतेष्वग्निषु तु विद्युत्स्तनितनिःस्वने ।
सज्योतिः स्यादनध्यायः शेषे रात्रौ यथा दिवा ॥१०६॥

prāduṣkṛteṣvagniṣu tu vidyutstanitaniḥsvane |
sajyotiḥ syādanadhyāyaḥ śeṣe rātrau yathā divā ||106||

 

When lightning and the roar of thunder appear after the Fires have been lighted, the time shall continue to be unfit for study, till the lights are there; and when the remaining (phenomenon) ocours, it is unfit for study during the night, as also during the day. — (106).

 

Medhātithi’s commentary (manubhāṣya):

The previous verse (103) has declared that when the three phenomena — lightning, thunder and rain — appear together, it is to be regarded as ‘time unfit for study,’ till the same hour next day. The present verse declares that when only two of these appear together, it is unfit for study till the fights are seen.

The compound ‘stanitaniḥsvanaḥ’ means the roaring of thunder; and this, with the term ‘vidyut,’ forms the copulative compound ‘vidyut-stanitaniḥsvanaḥ.’ When these two appear at twilight, it is to be regarded as time unfit for study ‘till the lights are there.’ During the day, the sun is the ‘light,’ a nd during the night fire is the ‘light,’ So that, if the phenomena appear at morning twilight, it is unfit for study only during the day, not at night; similarly if they appear at evening twilight, it is unfit for study during the night; and there is nothing wrong in reading in the morning.

From among the three phenomena (mentioned in 103) — lightning, thunder and rain’ — two have been mentioned here separately. So that ‘rain’ is the ‘remaining’ phenomenon; and when this third phenomenon appears, it is unfit for study till the same time next day. It is in view of this that it is said ‘during the night as also during the day.’

Another reading is ‘śeṣam,’ which means the remaining portion, of the well-known sacrifices of Jyotiṣṭoma and the rest; the sense being that ‘the day on which these sacrifices are performed, the whole of that day is unfit for study.’

“Wherefore did not the Author say simply — ‘śeṣam tvākālikam smṛtam’ (which would be much simpler)?”

Manu’s methods of composing his texts are most peculiar. — (106).

 

Explanatory notes by Ganganath Jha:

“If these sounds are heard in the morning twilight, there should be no study till the sun is up; when they are heard in the evening twilight, there is to be no reading till the stars appear; — or if the two disturbances occur, the intermission lasts as long as the sun or stars remain; but if it also rains, then, as long as the day and night” (Kullūka). — For ‘śeṣe’ Medhātithi notes another reading ‘śeṣam’ and explains it to mean that ‘on the day that one offers the Jyotiṣṭoma and other well-known sacrifices, the śeṣa, remainder of that day, is to be regarded as unfit for study.’

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 526), which adds that this refers to the Rainy season, — in other seasons, the whole day and night is unfit for study; — in Hemādri (Kāla, p. 763), which has the following notes: — When the phenomenon appears in the morning the holiday extends as long as the Sun does not set, and if in the evening, then till the setting of the stars; ‘śeṣe’, i.e., if it comes to rain, then it is holiday during the day as well as during the night; — in Saṃskāramayūkha (p. 56), which has the following notes — ‘Prāduṣkṛteṣu etc.,’ i.e., the morning and evening, — ‘sajyotiḥ’ means that if it happens in the evening then the whole night is ‘holiday’ — ‘śeṣe’, if it rains, then the whole day and night; all this only when it occurs during the Rainy season; in other seasons, these phenomena lead to a three days’ holiday; — in Smṛticandrikā (Saṃskāra, p. 150), which has the same note, but explains ‘śeṣe’ as ‘ṛtau’; — in Gadādharapaddhati (Kāla, p. 194); — and in Varṣakriyākaumudī (p. 566), which has ṭhe following notes: — This lays down special rules regarding mere thundering during the rains: if there is thundering in the morning, the entire day time is to be kept as holiday; and if it occurs in the evening, then the night only; ‘śeṣe’, i.e., on the occasion of the thunder and the rest developing into rain, both the day and night are to be observed. The ‘Rainy season’ is here meant to stand for all the four months during which there are rains. — Gadādharapaddhati (Kāla p. 197) notes that there is to be holiday when there is not merely rain, but rain accompanied by lightning and thunder, according to the rule as laid down in the first part of the verse; the last part sets forth the rule for cases of rain only.

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.9.20-24). — ‘If it thunders in the evening, — then during the night; when there is lightning, then till one goes to sleep; on the next day, if there has been thunder during the preceding night; but only if this has been after midnight, say some.’

Gautama (16.23). — ‘If there is thunder, rain or lightning, after the fires have been lighted.’

Vaśiṣṭha (13.9). — ‘When meteor-fall and lightning appear simultaneously, then for three days.’

Yājñavalkya (1.145). — [See above].

Baudhāyana (1.11.24). — [See above under 103-104.]

Hārīta (Aparārka, p. 188). — ‘If it thunders in the evening, they shall not study during the night: if it thunders in the morning they shall not study during the day and night.’

 

 

VERSE 4.107

Section XIII - Days unfit for Study

 

नित्यानध्याय एव स्याद् ग्रामेषु नगरेषु च ।
धर्मनैपुण्यकामानां पूतिगन्धे च सर्वदा ॥१०७॥

nityānadhyāya eva syād grāmeṣu nagareṣu ca |
dharmanaipuṇyakāmānāṃ pūtigandhe ca sarvadā ||107||

 

In villages and cities, it is always unfit for study, for those who seek for perfect merit; as also in foul-shelling places. — (107).

 

Medhātithi’s commentary (manubhāṣya):

Those who desire perfect merit, should not study in villages and cities. — The term, ‘dharma,’ ‘merit’ stands for the result of merit, in the shape of Heaven, &c. Or, the ‘perfection of merit’ may consist in freedom from all contact with demerit; whereby the entire purport of an Injunction becomes fulfilled. This would imply that the said study may be permissible in cases of disability.

‘Foul-smelling places.’ — There should be no studying in a place where evil smell reaches the nose.

‘All’ — i.e., in all cases of foul smell; e.g., even when there is smell of a dead body. — (107)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 534), which explains ‘Dharmanaipuṇyakāmāḥ’ as ‘those who have not yet got up the Veda adding that for those who have already got up the Veda, there would be nothing wrong in reading it in the village’; — in Hemādri (Kāla, p. 771), which has the following notes: — Those who have completed their studies and carry it on further only for the sake of acquiring spiritual merit are here spoken of as ‘Dharmanaipuṇyakāma’, those still engaged in elementary studies are called ‘vidyānaipuṇyakāma’; it is for the former that reading in villages and towns is here prohibited; — in Smṛticandrikā (Saṃskāra, p. 161), which has the same note and adds that the implication is that for those who are ‘vidyānaipuṇyakāma,’ reading in villages and towns is not forbidden; — and in Gadādharapaddhati (Kāla, p. 194), which notes that the holidays laid down for the ‘dharmanaipuṇayakāma’ are not meant for others.

 

Comparative notes by various authors:

Gautama (16.19). — ‘In the proximity of rotting smell, dead body, Caṇḍāla or Śūdra.’

Gautama (16.46). — ‘According to some, in the city, it is always unfit for study.’

Bodhāyana (1.11.23). — ‘When there is rotting smell in the wind, when there is fog, and when there are sounds of dancing, music, musical instruments, weeping, and Sāma-singing, — it will be unfit for study so long as these last.’

Āpastamba Dharmasūtra (1.10.24). — ‘Hotting smell.’

Do. (1.10.31). — ‘Unseasonable clouds, halos round the sun and the moon, rainbow, rotting smell in the wind, fog, — in all these cases, it will he unfit for study, till they last.’

Vaśiṣṭha (13.5). — ‘At sunset, during the twilight, if there is a dead body in the house, or a Caṇḍāla, in cities, in places where cowdung has been lying overnight, or which bear marks of the cowdung, near the cremation-ground, while one is lying down, or after one has taken part in a Śrāddha.’

Yājñavalkya (1.150). — ‘When there is dust-storm or fiery quarters, during the twilights, when there is fog or when there is danger, while one is running, when there is rotting smell, and when a gentleman-visitor has come to the house.’

Bharadvāja (Vīramitrodaya-Saṃskāra, p. 530). — ‘When there are fire-portents or dust-storm there should be no reading in the village.’

Āpastamba (Do.). — ‘When there is meteor-fall or fire-portent, there should he cessation of the study of all subjects till they last.’

 

 

VERSE 4.108

Section XIII - Days unfit for Study

 

अन्तर्गतशवे ग्रामे वृषलस्य च सन्निधौ ।
अनध्यायो रुद्यमाने समवाये जनस्य च ॥१०८॥

antargataśave grāme vṛṣalasya ca sannidhau |
anadhyāyo rudyamāne samavāye janasya ca ||108||

 

In a village where a corpse still lies, in the presence of low people, during weeping, and in a crowd of hen, — it is unfit for study. — (108).

 

Medhātithi’s commentary (manubhāṣya):

In a village where a corpse still lies, — i.e., while the corpse has not been taken away.

‘Low people.’ — This term does not stand here for the Śūdra; as the ‘proximity of the Śūdra’ has been already forbidden under 4.99. It denotes unrighteousness, and stands for such people as are similar to Śūdra, in their unrighteousness. Hence there is prohibition of study even in the presence of such people as are unrighteous in their conduct.

‘During weeping,’ — where the Sound of weeping is heard; the participial term ‘rudyamāne’ being used as a noun.

‘In a crowd of people.’ — One shall not study in a place where a large number of men have congregated on some business.

Or, the meaning may be — ‘where a crowd of people are weeping;’ the prohibition applying to a place where a large number of men are weeping.

The ātmanepada participial affix in ‘rudyamāne,’ in the Active sense, is a Vedic anomaly. — (108)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 535), without any comment; — in Hemādri (Kāla, p. 771), which says that ‘vṛṣala’ here stands for unrighteous persons reading in the presence of Śūdras having been already forbidden in verse 99; — in Gadādharapaddhati (Kāla, p. 194); — and in Smṛticandrikā (Saṃskāra, p. 162).

 

Comparative notes by various authors:

Gautama (16.7). — ‘When there are sounds of the flute or the drum or of the chariot.’

Do. (16.19). — ‘When there is rotting smell, when there is a dead body in the village, and in the proximity of the Caṇḍāla or the Śūdra.’

Baudhāyana (1.11.23). — ‘When there is rotting smell in the wind, when there is fog, when there are sounds of dancing, singing or musical instruments, or of weeping and of Sāma-singing, — it will be unfit for study during the time.’

Āpastamba Dharmasūtra (1.9.14). — ‘When a corpse is lying within.’

Do. (1.10.19). — ‘Sounds of dog, ass, wolf, owl, — sounds of all musical instruments, — also sounds of weeping, singing and Sāma-singing.’

Vaśiṣṭha (Vīramitrodaya-Saṃskāra). — ‘When there is a corpse lying in the village, or a Caṇḍāla.’

Viṣṇu (30.10). — ‘Nor in a village where a corpse is lying nor near the Śūdra or the outcast.’

Yājñavalkya (1.148). — ‘When there are sounds of a dog, the jackal, the ass, or the owl, of Sāma-singing, or of the flute, or of some one in pain; or in the proximity of an unclean thing, a dead-body, a Śūdra, a Caṇḍāla, the cremation-ground, or the outcast.’

Parāśara (2.11.4). — ‘After meals, so long as the hands are wet, — in water, — at night, — during the two twilights, — while a dead body is lying in the village, or while a Caṇḍāla happens to be in the village.’

Pāraskara (2.11.6). — ‘When there is fog, or sound of musical instruments, or cries of pain, on the outskirts of the village, in the cremation ground, when there are sounds of the dog, the ass, the owl or the jackal, or of Sāma singing, — during the time that it lasts.’

Gobhila (3.3.28). — ‘When there are sounds of singing, or of musical instruments, or of weeping, — and when there is high wind; — during that time it will be unfit for study.’

 

 

VERSE 4.109

Section XIII - Days unfit for Study

 

अन्तर्गतशवे ग्रामे वृषलस्य च सन्निधौ ।
अनध्यायो रुद्यमाने समवाये जनस्य च ॥१०८॥

antargataśave grāme vṛṣalasya ca sannidhau |
anadhyāyo rudyamāne samavāye janasya ca ||108||

 

In water, at midnight, during the evacuation of the bladder and the bowels, while one is unclean, when one has eaten at a śrāddha, one shall not even think in his mind (of the Veda). — (109)

 

Medhātithi’s commentary (manubhāṣya):

The fourth ‘muhūrta’ of the night is ‘midnight,’ which is also called ‘mahāniśā,’ ‘Deep Night.’ Two ‘muhūrtas’ before, and two ‘muhūrtas’ after this ‘midnight,’ it is unfit for study.

‘In water;’ — i.e., while standing in a river or tank or some such reservoir of water. Since the context is dealing with

‘Vedic study,’ the repeating of Vedic texts — such as ‘Aghamarṣana,’ and the rest — in water is not forbidden.

Some people read ‘udaye’ for ‘udake;’ which means that it is unfit for study when the sun has just risen.

‘Unclean;’ — i.e., while he has not washed, after having taken his food. One is also called ‘unclean’ before one has washed, after having evacuated the bladder or the bowels. Some people explain that the term ‘unclean’ stands for all those impure conditions that require washing; so that spitting also would become included.

‘Even in his mind.’ — This does not mean that on other occasions unfit for study, the thinking of Vedic texts is permitted; all that it means is that the conditions here mentioned are more serious than the rest. — (109)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 538); — in Smṛticandrikā (Saṃskāra, p. 163); — in Hemādri (Kāla, p. 773); — and in Gadādharapaddhati (Kāla, p. 195), which explains ‘madhyarātri’ as during four muhūrtas at the middle of the night.’

 

Comparative notes by various authors:

Gautama (16.11, 12, 18, 34, 46). — ‘On evacuating the bladder and the bowels; — at midnight, during the twilights and in water; — in the cremation-ground, in the outskirts of the village, on the public thorough fare and during impurities. — One day and night is to be regarded as unfit for study on the completion of the Veda, or vomitting, or eating at Śrāddha and at sacrifices to men. According to some people, in the city it is always unfit for study.’

Baudhāyana (1.11.26, 30). — ‘On accepting a gift in honour of the Piṭrs, and on eating at Śrāddha, the rest of the day is unfit for study. At birth and at death, there is to be no study, oven in the mind.’

Āpastamba Dharmasūtra (1.10.26). — ‘After dining at night.’

Āpastamba (11.17, 25, 26). — ‘While immersed in water; — when there is lightning, when it is thundering, or after eating at Śrāddha, during a fog, they forbid even mental study.’

Do. (32.12). — ‘During the night, there is to be no teaching except moral teaching to the pupils.’

Viṣṇu (30.16). — ‘Not in water.’

Yājñavalkya (1.149). — ‘In an unclean place, or when one is unclean, during lightning and thunder, after eating while the hands are still wet, in water, at midnight, or when very high winds are blowing.’

Pāraskara (2.11.2, 4). — ‘On eating at Śrāddha, on the falling of meteors, on earthquake, at fiery portents, at the junction of two seasons, — there should be no study till the next day; after meals while the hands are wet, in water, or midnight, during the two twilights, while a dead body is lying in the village, and while a Caṇḍāla is in the village.’

 

 

VERSE 4.110

Section XIII - Days unfit for Study

 

प्रतिगृह्य द्विजो विद्वानेकोद्दिष्टस्य केतनम् ।
त्र्यहं न कीर्तयेद् ब्रह्म राज्ञो राहोश्च सूतके ॥११०॥

pratigṛhya dvijo vidvānekoddiṣṭasya ketanam |
tryahaṃ na kīrtayed brahma rājño rāhośca sūtake ||110||

 

After having accepted invitation to a unitary funeral rite, the learned Brāhmaṇa shall not recite the Veda for three days; as also during the impurity of the king and also of Rāhu. — (110)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Unitary Rite’ is that which is offered to a single ancestor; i.e., the fresh funeral rite (that which is performed after death); — having ‘accepted’ — agreed to — ‘invitation’ at that rite, it becomes an occasion unfit for study, for three days, counting from the day of the invitation.

Similarly, when ‘of the King’ — i.e., of the Moon — there is ‘impurity,’ i.e., pouring of nectar towards Rāhu. ‘Also’ in this case, is meant to include the Sun also.

Or, the ‘impurity of the King’ may mean the rejoicings accompaying the birth of a son to the King, the ruler of men; and the ‘impurity of the Rāhu,’ for the eclipses of the Sun and the Moon, known as ‘grahaṇa,’ ‘catching.’ — (110)

 

Explanatory notes by Ganganath Jha:

‘Ekoddiṣṭa’ — Burnell was right in rendering this as ‘to one ancestor,’ and Hopkins is not right in changing it into ‘to one recently deceased.’ As a matter of fact ‘Ekoddiṣṭa’ is the name applied to the Śrāddha to a single person, — as distinguished from the Pāravaṇa which is offered to six ancestors, — whether he has died long ago or only recently.

This verse is quoted in Aparārka (p. 190), which explains ‘Ketanam’ as ‘invitation’, — at this, and on an eclipse, either one day or three days should be unfit for study, — ‘Rāhusūtaka’ meaning ‘the sign of Rāhu;’ — in the Dānakriyākaumudī (p. 99), as forbidding study for three days from the day of invitation; — in Gadādharapaddhati (Kāla, p. 195), which adds the same note and explains ‘Ketana’ as ‘invitation’; — in Prāyaścittaviveka, (p. 407), which explains ‘Ketana’ as ‘invitation,’ and ‘pratigraha’ as ‘the acceptance of a gift made by the donor for gaining spiritual merit’; — in Saṃskāramayūkha (p. 58), which has the following notes: — Some people say that it is not right that in the case of the Śrāddha on death, the invited should desist from study only till the food eaten has become digested, and in that of subsequent Ekoddiṣṭas it should be for three days; and they hold that the former is meant for cases of unintentional eating and the latter for those of intentional eating; — the writer himself holds the view that the ‘three days’ are meant for cases of first Śrāddha also;’ — in Puruṣārthacintāmaṇi (p. 442); — in Smṛticandrikā (Saṃskāra, p. 153). — in Mitākṣarā (on 1.146) to the effect that an invitation to an Ekoddiṣṭa means the omission of study for three days; — in Hemādri (Kāla, p. 756); — and in Śuddhikaumudī (p. 171).

 

Comparative notes by various authors:

Gautama (16.22, 32). — ‘When there is thunder out of season, or earthquake or eclipse or meteor-showers; — or the death of the king.’

Āpastamba Dharmasūtra (1.11.20). — ‘During a lunar or solar eclipse, when there is earthquake, or meteor-shower or fire-portent, — it is unfit time for the studying of all sciences.’

Vaśiṣṭha (13.7). — ‘Fruits, water, sesamum, articles of food, and other things connected with Śrāddhas, — on accepting the gift of these, it is unfit for study; Brāhmaṇas having been declared to have their hands for their mouths.’

Gobhila (3.3.25). — ‘When one’s own king (is dead).’

 

 

VERSE 4.111

Section XIII - Days unfit for Study

 

यावदेकानुदिष्टस्य गन्धो लेपश्च तिष्ठति ।
विप्रस्य विदुषो देहे तावद् ब्रह्म न कीर्तयेत् ॥१११॥

yāvadekānudiṣṭasya gandho lepaśca tiṣṭhati |
viprasya viduṣo dehe tāvad brahma na kīrtayet ||111||

 

While the odour and stain of a funeral rite not offered to his own ancestor remain upon the body of a learned Brāhmaṇa, he shall not recite the Veda. — (111)

 

Medhātithi’s commentary (manubhāṣya):

‘That which is not offered to his own ancestor;’ — i.e., that at which uncooked food is offered; — while of such a rite the ‘odour and stain remain,’ so long he is unfit for study. This is a rule different from the forgoing rule. When on the next day, the man has bathed, and the odour has disappeared, he becomes fit for study.

What is said here is only by way of an iṇḍicatipn. Even while the ‘odour and stain’ are not actually there, the man shall hot study, until the food eaten has become digested.

The epithet ‘learned’ reiterates the rule that it is only the learned Brāhmaṇa that is entitled to eat at funeral rites. — (111).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 190), where ‘ekānudiṣṭa’ is explained as the ‘Ekoddiṣṭa Śrāddha’; — in Hemādri (Kāla, p. 756), which explains ‘gandha’ etc. as ‘the odour of the sandal-paint and the incense’; — and in Gadādharapaddhati (Kāla, p. 195).

 

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.10.28). — ‘On eating food that has been offered to the dead, the day along with the night becomes unfit for study.’

Āpastamba Dharmasūtra (1.11.25-26). — ‘They forbid even mental study, etc. (see under 109). According to some only on eating at Śrāddha.’

 

 

VERSE 4.112

Section XIII - Days unfit for Study

 

शयानः प्रौढपादश्च कृत्वा चैवावसक्थिकाम् ।
नाधीयीतामिषं जग्ध्वा सूतकान्नाद्यमेव च ॥११२॥

śayānaḥ prauḍhapādaśca kṛtvā caivāvasakthikām |
nādhīyītāmiṣaṃ jagdhvā sūtakānnādyameva ca ||112||

 

While lying down, while his feet are prominently thrust forward, and while he is seated with his knees tied together, he shall not study; as also after having eaten meat or food given by a person during impurity. — (112).

 

Medhātithi’s commentary (manubhāṣya):

‘With feet prominently thrust forward’ — i.e., with feet spread forward, or with one foot over the other, or with his feet placed together on a stool, etc.

‘Avasakthikā’ — is that mode of sitting in which the knees are tied together with a piece of cloth or some such thing.

‘Āmiṣa’ — is meat.

‘Impurity’ — includes that impurity also which is caused by the carrying of a dead body, etc. — (112).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.151); — in Vīramitrodaya (Saṃskāra, p. 535), which explains ‘prauḍhapādaḥ’ as ‘with feet placed on a seat or over his thighs,’ — ‘avasakthikā’ as ‘tying up the knees with the loin,’ — and the second line as ‘indicating the time during which hands may be wet after washing and rinsing the mouth, or having taken the food specified’; — in Nirṇayasindhu, (p. 194), which explains ‘prauḍhapāda’ as ‘placing one foot over another,’ or ‘with feet placed on the seat’, the latter explanation being attributed to Haradatta; — in Gadādharapaddhati, (Kāla, p. 195); — in Hemādri (Kāla, p. 779), which explains ‘avasakthikā’ as ‘tying the knees together with a napkin’; — in Saṃskāramayūkha (p. 56), which explains ‘prauḍhapāda’ as ‘spreading the feet’, or ‘putting one foot over the other,’ and ‘avasakthikā’ as ‘tying the knees together with a piece of cloth;’ — in Smṛticandrikā, (Saṃskāra, p. 162), which explains ‘prauḍhapāda’ as ‘with a foot placed upon a seat,’ and ‘avasakthikā’ as ‘tying the knees together with the waist by a piece of cloth or some such thing’; — in Puruṣārthacintāmaṇi, (p. 444), which adds the same explanation of ‘avasakthikā’; — and in Saṃskāraratnamālā (p. 235), which explains ‘prauḍhapādaḥ’ as ‘with one foot placed over the other’, or ‘with a foot placed on a seat’, as explained by Haradatta.

 

Comparative notes by various authors:

Gautama (16.17, 34). — ‘When he is frightened, or riding a conveyance, or lying down, or when his feet are thrust forward. It is unlit for study during the rest of the day and night, on the completing of the Veda, on vomitting, on eating at Śrāddha or at sacrifices to men.’

Vaśiṣṭha (13.8). — ‘While one is running, when there is rotting smell and other such things spreading, seated on a tree, on the boat, in the army, after meals while the hands are still wet, while the flute is being played, on the fourteenth day, on the moonless day, on the Aṣṭakā days, while he is thrusting forward his feet, before the cloth worn during sexual intercourse has been washed, in ṭhe outskirts of the village, when one has vomitted or passed urine or evacuated the bowels, while there are sounds of the reciting of the Ṛk, Yajuṣ and Sāman, until the food has become digested, while there is thunder, earthquake, solar or lunar eclipse, when there is rumbling in the quarters or in the mountains, or shaking of the mountains, when there is rain of flesh or blood or dust, it is to be unfit for study till the same time next day.’

Viṣṇu (30.17). — ‘Nor with his feet placed on a seat.’

 

 

VERSE 4.113

Section XIII - Days unfit for Study

 

नीहारे बाणशब्दे च सन्ध्ययोरेव चोभयोः ।
अमावास्याचतुर्दश्योः पौर्णमास्य्ऽष्टकासु च ॥११३॥

nīhāre bāṇaśabde ca sandhyayoreva cobhayoḥ |
amāvāsyācaturdaśyoḥ paurṇamāsy'ṣṭakāsu ca ||113||

 

Nor during a fog, nor during the sound of arrows, nor at the two twilights, nor on the Moonless Day, nor on the fourteenth day, nor on the Full Moon Day, nor on the eighth day. — (113).

 

Medhātithi’s commentary (manubhāṣya):

‘Fog’ — when it is too dark to know the directions properly; it is also called ‘dhūmikā;’ during which the atmosphere appears as if covered with vapour and dust.

‘Sound of arrows’ — whizzing of arrows.

Some people read ‘vāṇa,’ in which case, vāṇa stands for the Lute; the use of this is met with in connection with the ‘Mahāvrata’-Rite. The Lute has a hundred strings, and it is also without strings.

‘On the fourteenth day’ — of each fortnight.

‘Eighth day’ — all the eighth days; as is clear from other Smṛti texts, as also from usage.

Others read ‘aṣṭamīṣu’ (for ‘aṣṭakāsu’). — (113).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in ‘Gadādharapaddhati’ (Kāla, p. 195); — in Hemādri (Kāla, p. 769), which explains ‘nīhāra’ as ‘fog’; — in Saṃskāramayūkha (p. 53), which notes that this holiday is to continue the whole day and night; — in Smṛtichandrikā (Saṃskāra, p. 159).

 

Comparative notes by various authors:

Vaśiṣṭha (13.8). — [See above.]

Gautama (16.7, 12, 35). — ‘While the sounds of arrows and the drum or the chariot or of weeping are heard, — or during the night or during twilights or in water; — or on the moonless day.’

Baudhāyana (1.11.22, 23, 35). — ‘On the full-moon day, on the Aṣṭakā days, on the moonless day, when there are fiery portents, or earthquake, in the cremation-ground, on the death of the country’s king or of a Vedic scholar, or of one’s fellow-studenṭ, — it shall be unfit for study for the day and night. When there is rotting smell in the air, during a fog, while sounds are heard of dancing or singing or musical instruments or weeping or Sāma-singing, — it will be unfit for study while they last. One should not study at the junction of day and night.’

Āpastamba Dharmasūtra (1.9.28). — ‘For the whole day and night on the moonless days.’

Āpastamba Dharmasūtra (1.11.15, 25). — ‘When there is lightning-flash or thunder,...... during a fog.’

Viṣṇu (30, 4). — ‘One shall not study during the day and night on the fourteenth and eighth days of the month.’

Yājñavalkya (1.146, 148, 150). — ‘On the full-moon day, on the moonless day and on the eighth of the month, when there is an. eclipse, at the junction of the seasons, when one Ins either eaten or received gifts at a Śrāddha; when sounds are heard of the dog, the jackal, the ass or the owl, or of Sāma-singing, or of arrows; in the proximity of unclean things, or of a dead body, or of a Śūdra or a Caṇḍāla or an outcast; when there is rain of dust, or a burning of the quarters, during twilights, during a fog, or when there is danger, while one is running, when there is rotting smell, or when a highly cultured gentleman has arrived as guest.’

Pāraskara (l.11.1, 4, 6). — ‘During a storm and on the moonless day, the whole day is unfit for study; after meals while his hands are wet, in water, during the night, during the twilights, while a corpse is lying in the village or when a Caṇḍāla is in the village; during a fog, when there is sound of musical instruments, or of distressful weeping, in the outskirts of the village, in the cremation-ground, while sounds are heard of the dog, the ass, the owl, or the jackal, or of Sāma-singing, — it will be unfit for study while it lasts.’

Gobhila (3.3.11, 22). — ‘On the full-moon days, or the three full moon days of the months of Kārtika, Phālguna and Āṣāḍha.’

 

 

VERSE 4.114

Section XIII - Days unfit for Study

 

अमावास्या गुरुं हन्ति शिष्यं हन्ति चतुर्दशी ।
ब्रह्माष्टकपौर्णमास्यौ तस्मात् ताः परिवर्जयेत् ॥११४॥

amāvāsyā guruṃ hanti śiṣyaṃ hanti caturdaśī |
brahmāṣṭakapaurṇamāsyau tasmāt tāḥ parivarjayet ||114||

 

The Moonless Day destroys the Teacher, the Fourteenth Day destroys the pupil, and the Eighth Day and the Full-moon days destroy the Veda; hence these he shall avoid. — (114).

 

Medhātithi’s commentary (manubhāṣya):

This a commendatory supplement to the foregoing rule, and it is meant to show its obligatory character. Hence, in cases where there is nothing to indicate the obligatory character of the rule, the treating of the occasion as unfit for study is meant to be optional. The Author himself is going to add (in 127 below) — ‘he shall always avoid two only.’

‘These he shall avoid’ — for purposes of Vedic study. — (114).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Puruṣārthacintāmaṇi (p. 441), which explains ‘Brahma’ as ‘Veda’; — in Hemādri (Kāla, p. 755); — in Saṃskāramayūkha (p. 53), which adds that this holiday lasts the whole day and night; — in Smṛticandrikā (Saṃskāra, p. 152), which adds the same note; — and in Gadādharapaddhati (Kāla, p. 195).

 

Comparative notes by various authors:

Bodhāyana (1.11.40). — ‘Here they cite the following, — “The eighth of the month destroys the Teacher, the fourteenth destroys the pupil, the fifteenth destroys the science; hence one should avoid reading at these junctures.”’

Viṣṇu (30.29.30). — ‘What is read on the day unit for study brings no reward either in this world or in the other; by study on those days, I here is diminution of the life-span of the teacher and also of the pupil.’

 

 

VERSE 4.115

Section XIII - Days unfit for Study

 

पांसुवर्षे दिशां दाहे गोमायुविरुते तथा ।
श्वखरोष्ट्रे च रुवति पङ्क्तो च न पठेद् द्विजः ॥११५॥

pāṃsuvarṣe diśāṃ dāhe gomāyuvirute tathā |
śvakharoṣṭre ca ruvati paṅkto ca na paṭhed dvijaḥ ||115||

 

The Brāhmaṇa shall not read during a dust-storm, or while the sky is burning, or while jackals are howling, or while dogs ur donkeys or camels are crying in a line. — (115).

 

Medhātithi’s commentary (manubhāṣya):

‘Gomāyu’ — is the jackal; the ‘howling’ of the jackal is its crying.

It is time unfit for study only when dogs, donkeys and camels are crying together in large numbers; each of these three crying along with others of the same species. — (115).

 

Explanatory notes by Ganganath Jha:

‘Paṅktau’ — Buhler entirely misrepresents Kullūka; Kullūka does not explain the term as ‘in a company’; he clearly explains that what is meant is that ‘one shall not read the Veda when seated in a line with horses, camels or asses’; while Medhātithi explains the meaning to be that ‘that time is unfit for study when the animals named cry out in a line

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 536); — in Hemādri (Kāla, p. 774); — in Smṛticandrikā (Saṃskāra, p. 163); — and in Gadādharapaddhati (Kāla, p. 195).

 

Comparative notes by various authors:

Vaśiṣṭha (13.8). — pSee above.]

Gautama (16.8). — ‘During the cry of the dog, the jackal, or the ass.’

Bodhāyana (1.11, 34). — ‘When the jackal’s cry is heard at night, one shall not read till he goes to sleep.’

Āpastamba Dharmasūtra (1.10.19.33). — ‘Cry of the ass, the dog, or of the jackal, or the owl, the sounds of musical instruments, the sound of weeping or of singing or of Sāma; — in the case of the jackal’s cry, till one goes to sleep.’

Viṣṇu (30.9-12). — ‘Not during earthquakes, nor when there is meteor-shower or the burning of the quarters; nor when there are sounds of the dog, the jackal or the ass.’

Yājñavalkya (1.148, 150). — ‘When there are sounds of the dog, the jackal, the owl, the Sāma, the arrows (or flute?) or of some one in distress; or in the proximity of an unclean thing, a dead body, a Śūdra or a Caṇḍāla, the cremation-ground or the outcast; when there is rain of dust, or burning of the quarters; during the twilights, or during a fog, or when there is some danger.’

Pāraskara. (2.11.6). — ‘During a fog, when there is sound of musical instruments, or cry of distress, — in the outskirts of the village, or in the cremation-ground, or when there are sounds of the dog, the ass, the owl, the jackal or the Sāma, — it is unfit for study while all this lasts.’

 

 

VERSE 4.116

Section XIII - Days unfit for Study

 

नाधीयीत श्मशानान्ते ग्रामान्ते गोव्रजेऽपि वा ।
वसित्वा मैथुनं वासः श्राद्धिकं प्रतिगृह्य च ॥११६॥

nādhīyīta śmaśānānte grāmānte govraje'pi vā |
vasitvā maithunaṃ vāsaḥ śrāddhikaṃ pratigṛhya ca ||116||

 

He shall not study near the cremation-ground, nor near the village, nor in the cow-pasture, nor while dressed in the garment worn during sexual intercourse, nor after receiving presents in connection with funeral rites. — (116).

 

Medhātithi’s commentary (manubhāṣya):

The term ‘anta’ means proximity. The meaning is that he shall not study in close proximity to the cremation-ground, or in close proximity to a village.

‘Cow-pasture’ — where cows goto graze. Or, ‘govraja’ may mean the ‘cow-pen.’

‘He shall not read with the same cloth on him which he had on while having intercourse with his wife;’ the term ‘maithuna’ denoting, through association, the cloth worn during intercourse.

‘In connection with funeral rites;’ — he shall not read after having accepted such presents as dry food, and the like. — (116)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 534), which explains the third quarter to mean that ‘one should not read the Veda when wearing the cloth that he had worn at the time of sexual intercourse’; and adds that this refers to cases where the cloth has not been washed after the act; — in Hemādri (Kāla, p. 770), which explains ‘ante’ as ‘near’ and ‘maithunam vāsaḥ’ as ‘the cloth, clad in which he has had sexual intercourse’; he should not wear this — without its being washed — while reading; — in Saṃskāramayūkha (p. 56); — in Smṛticandrikā (Saṃskāra, p. 160), which reproduces the same remarks as those in Hemādri; — and in Gadādharapaddhati (Kāla, p. 195).

 

Comparative notes by various authors:

Gautama (1.66). — ‘Similarly in studying in the cremation-ground.’

Gautama (16.18). — ‘In the cremation-ground, in the outskirts of the village, on the public roads, and in unclean places.’

Baudhāyana (1.11.22). — ‘On the full moon day, or the Aṣṭakās, on the moonless day, when there are fire-portents, or earthquake, or near the cremation-ground, or on the death of the country’s king or a Vedic scholar, of one’s fellow-student, — the whole day and night shall be unfit for study.’

Āpastamba Dharmasūtra (1.9.6). — ‘In the cremation-ground, entirely.’

Āpastamba Dharmasūtra (11.9). — ‘At the junction of the village and the forest.’

Vaśiṣṭha (13.5, 7). — [See above.]

Viṣṇu (30-15). — ‘Not in a temple or in the cremation-ground or on road-crossings.’

Yājñavalkya (1.148). — [See above.]

Pāraskara (2.11.16). — [See above.]

 

 

VERSE 4.117

Section XIII - Days unfit for Study

 

प्राणि वा यदि वाऽप्राणि यत् किं चित्श्राद्धिकं भवेत् ।
तदालभ्याप्यनध्यायः पाण्यास्यो हि द्विजः स्मृतः ?? ॥११७॥

prāṇi vā yadi vā'prāṇi yat kiṃ citśrāddhikaṃ bhavet |
tadālabhyāpyanadhyāyaḥ pāṇyāsyo hi dvijaḥ smṛtaḥ ?? ||117||

 

Any śrāddha-gift, be it animate or inanimate, if the Brāhmaṇa accepts, it becomes an occasion unfit for study; because the Brāhmaṇa has been declared as having the hand for his mouth. — (117)

 

Medhātithi’s commentary (manubhāṣya):

The rice and other things that are given in connection with Śrāddhas are generally known as ‘śrāddhika,’ ‘śrāddha-gift;’ and it is with a view to show that, in the present context it is not this alone that is meant, that the present verse is added; the sense being — it is not only the acceptance of Vrīhi, Rice and other grains that makes the occasion unfit for study; but other things, also — be they ‘animate’ — in the shape of the cow and other animals — ‘or inaminate’ in the shape of pairs of cloth, etc,. — having accepted such a thing, — i.e., after having touched it with his hand, at the time of acceptance — the man shall not study. Because the act itself constitutes the act of ‘eating.’ ‘Pāṇyāsya’ is one whose hand is his mouth. What this means is the eating at a śrāddha and accepting gifts in connection with it — both stand on the same footing. — (117)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Kāla, p. 757); — and in Gadādharapaddhati (Kāla, p. 195).

 

Comparative notes by various authors:

Gautama (16.48-49). — ‘For those partaking in the Śrāddha till the same time next day; also when there is some connection with Śrāddha performed with uncooked food.’

Vaśiṣṭha (13.7). — ‘Fruits, water, sesamum, foods and other things connected with the Śrāddha, — on the acceptance of all this, it becomes unfit for study, the Brāhmaṇas having been declared to have their hands for their mouth.’

Baudhāyana (1.11.26-30). — ‘By accepting gifts and eating at the Śrāddha, the rest of the day becomes unfit for study; — after eating, till digestion; the Brāhmaṇa has his hands for his mouth. In this connection they cite the following: — There is no difference between what is eaten and what is received in gift.’

 

 

VERSE 4.118

Section XIII - Days unfit for Study

 

चोरैरुपद्रुते ग्रामे सम्भ्रमे चाग्निकारिते ।
आकालिकमनध्यायं विद्यात् सर्वाद्भुतेषु च ॥११८॥

corairupadrute grāme sambhrame cāgnikārite |
ākālikamanadhyāyaṃ vidyāt sarvādbhuteṣu ca ||118||

 

When the village has bees beset with thieves, when alarm has been caused by fire, it is unfit for study, till the same time next day; as also at the appearance of all portents. — (118)

 

Medhātithi’s commentary (manubhāṣya):

‘Beset’ — attacked. One shall not study in a village where many thieves have come in for attacking.

‘Alarm.’ — When alarm has been caused by fire — i.e., when lire has set in in a house, even though the house may not be entirely burnt.

‘Ākālika-anādhyāya.’ — That is, from the time that the trouble appears up to the same time next day, it is unfit for study.

‘Also at the appearance of other portents’ — heavenly, earthly and atmospheric; e.g., the floating of stones, stars visible during the day, and so forth. — (118)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 188) to the effect that there should be option between (a) ‘the duration of the phenomenon’ and (b) ‘the day and night’; — in Parāśaramādhava (Ācāra, p. 148); — in Vīramitrodaya (Saṃskāra, p. 531) which explains ‘adbhuteṣu’ as ‘the rain of blood and the like’; — in Puruṣārthacintāmaṇi (p. 443); — in Hemādri (Kāla, p. 762), which explains ‘adbhuteṣu’ as ‘the rain of blood’; — and in Smṛticandrikā (Saṃskāra, p, 150).

 

Comparative notes by various authors:

Gautama (16.34). — ‘On account of a catastrophe, or fire-alarm, or completion of Veda, or vomitting or eating at a Śrāddha or at a sacrifice to men, it is unfit for study for one day and night.’

Baudhāyana (11.22). — ‘By reason of fire-calamity during one day and night.’

Bharadvāja (Vīramitrodaya-Saṃskāra, p. 531). — ‘When there are fire-portents, there shall be no reading in the village.’

Pāraskara (2.11.2, 5). — ‘On account of eating at Śrāddha, or meteor-shower, or earthquake, or fire-calamity till the same time next day; — during running, while the accused or the outcast is looking on, and during a wonderful phenomenon, it is unfit for study during the time.’

 

 

VERSE 4.119

Section XIII - Days unfit for Study

 

उपाकर्मणि चोत्सर्गे त्रिरात्रं क्षेपणं स्मृतम् ।
अष्टकासु त्वहोरात्रं ऋत्वन्तासु च रात्रिषु ॥११९॥

upākarmaṇi cotsarge trirātraṃ kṣepaṇaṃ smṛtam |
aṣṭakāsu tvahorātraṃ ṛtvantāsu ca rātriṣu ||119||

 

At the ceremony of upākarma and at that of utsarjana, omission of study has been prescribed for three days, but at the Aṣṭakāṣ for one day and night; as also on the last nights of the seasons. — (119)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (verse 97) that, at the Utsarjana ceremony, one night, along with the preceding and the following days, has deen declared to be unfit for study; and with that the present text lays down the option of observing ‘three days.’ But, in connection with the ‘Upākarma,’ this is the original Injunction.

‘Aṣṭakās’ — i. e., the three or four eighth nights during the fortnights following after the Full-Moon of the month of Āgrahāyaṇa. Though it has been said above that the whole day and night is to be observed on the eighth days of all fortnights, yet its mention in the present connection is only right and proper, as emphasizing the obligatory character of the rule; and, throughout the present context, we have to regard two rules as optional only when each is found to be self-sufficient.

‘On the last nights of the seasons;’ — ‘one day and night’ is to be construed with this also. There are six seasons; and the day on which one ends and the other begins, is to be regarded as unfit for study; and the mention of ‘night’ is only by way of an indicative. — (119).

 

Explanatory notes by Ganganath Jha:

For the ‘Seasons’, see Sūryasiddhānta, 14.10.

The first half of this Verse is quoted in Vīramitrodaya (Saṃskāra, p. 531); — in Nirṇayasindhu (p. 193); — in Hemādri (Kāla, p. 760); — in Saṃskāramayūkha (p. 59); — in Smṛticandrikā (Saṃskāra, p. 154); — in Gadādharapaddhati (Kāla, p. 195); — and in Saṃskāraratnamālā (p. 332), which explains ‘kṣapaṇam’ as ‘anadhyāyaḥ’.

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.10.1-2). — ‘The full moon days of Phālguna, Āṣāḍha and Kārtika, the Aṣṭakā’s and the Upākaraṇa ceremony are occasions for a three-days holiday.’

Gautama (16.37, 39). — ‘The full moon day of Kārttika, Phālguna and Āṣāḍha, and the three Aṣṭakās — are occasions for three-days’ holiday.’

Viṣṇu (30.5, 21, 25). — ‘Nor at the junction of seasons, nor during an eclipse, nor at the Upākarma, nor at the Utsarjana ceremony.’

Yājñavalkya (1.6.144, 146). — ‘By reason of the Upākarma or the Utsarga ceremony, or the death of a Vedic Scholar of one’s own recension, — also on the fifteenth, fourteenth and eighth days of the month, on the occasion of an eclipse, at the juncture of seasons, and on the occasion of eating, or receiving gifts, at a Śrāddha.’

Pāraskara (2.10.23). — ‘They should not read for three days.’

Do. (2.11.2). — ‘On eating at a Śrāddha...... at the juncture of the seasons, — they shall not road till the same time next day.’

Gobhila (3.3.22). — ‘On the three full moon nights of Kārttika, Phālguna and Āṣāḍha.’

 

 

VERSE 4.120

Section XIII - Days unfit for Study

 

नाधीयीताश्वमारूढो न वृक्षं न च हस्तिनम् ।
न नावं न खरं नोष्ट्रं नैरिणस्थो न यानगः ॥१२०॥

nādhīyītāśvamārūḍho na vṛkṣaṃ na ca hastinam |
na nāvaṃ na kharaṃ noṣṭraṃ nairiṇastho na yānagaḥ ||120||

 

He shall not recite the Veda while seated on a horse, or a tree, or an elephant, or a boat, or a donkey, or a camel; nor when seated on barren ground, nor when going on a conveyance. — (120).

 

Medhātithi’s commentary (manubhāṣya):

‘Barren ground;’ — such ground, outside the village, as is devoid of water and vegetation; also called ‘Uṣara.’

‘Conveyance’ — such as cart, chariot, palanquin, and the like; for one who is going on these, the reciting of the Veda is forbidden. — (120).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 535); — in Smṛticandrikā (Saṃskāra, p. 162); — in Hemādri (Kāla, p. 772), which explains ‘īriṇa’ as ‘barren ground’; — and in Gadādharapaddhati (Kāla, p. 196).

 

Comparative notes by various authors:

Gautama (16.17). — ‘Frightened, or on a conveyance, or lying down, or with his feet thrust forward.’

Āpastamba Dharmasūtra (1.9.27). — ‘One should not read while seated on the back of an animal.’

Āpastamba Dharmasūtra (1.11.16). — ‘Similarly when one is on a tree.’

Vaśiṣṭha (13.8). — ‘Running......... on a tree, or on a boat...... it is unfit for study till it lasts.’

Viṣṇu (30.18). — ‘Nor while one is seated either on an elephant or on a horse or on a camel or on a boat or on any conveyance.’

Yājñavalkya (1.151). — ‘Mule, camel, conveyances, elephant, horse, boat, — while seated on these, or on a barren plot of land,...... these are occasions that are unfit for study while they last.’

 

 

VERSE 4.121

Section XIII - Days unfit for Study

 

न विवादे न कलहे न सेनायां न सङ्गरे ।
न भुक्तमात्रे नाजीर्णे न वमित्वा न शुक्तके ॥१२१॥

na vivāde na kalahe na senāyāṃ na saṅgare |
na bhuktamātre nājīrṇe na vamitvā na śuktake ||121||

 

Non during an al tercation, ok during a fight; nor in the midst of an army, nor during a battle, nor when he has just eaten, nor during indigestion, nor after vomiting, nor when there is eructation. — (121)

 

Medhātithi’s commentary (manubhāṣya):

‘Altercation’ — a quarrel, with mutual recrimination.

‘Fight’ — in which the parties concerned strike each other with sticks and such other weapons.

‘Army’ — consisting of Elephants, Horses and Infantry.

‘Battle’ — the actual affray.

Study is forbidden for one in the midst of an army, even though it be not actually engaged in battle.

‘When he has just eaten;’ — i.e, ‘so long as his hands are still wet’ — as mentioned in another Smṛti-text.

‘Indigestion;’ — what has been eaten on the previous day, if it still remains in the stomach, is called ‘undigested.’

‘Vomiting’ — is well known.

‘Eructation even when there is no indigestion, if there is ‘eructation,’ that same day, or the next day. — (121).

 

Explanatory notes by Ganganath Jha:

‘Vivāde-kalahe’ — ‘Verbal altercation — actual fight’ (Medhātithi and Kullūka); — ‘dispute on legal matters — altercation’ (Nārāyaṇa).

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 535); — in Nirṇayasindhu (p. 194); — in Smṛticandrikā (Saṃskāra, p. 162), which explains ‘bhuktamātre’ as ‘so long as one’s hands are wet’; — in Hemādri (Kāla, p. 773), which has the same explanation; — in Gadādharapaddhati (Kāla, p. 772), — and in Saṃskāramayūkha (p. 56), which explains ‘muktake’ (which is its reading for ‘śuktake’, or ‘sūtake’) as ‘mukhodgāre’, ‘where there is eructation, or belching.’

 

Comparative notes by various authors:

Gautama (16.20, 34). — ‘When there is eructation; or when there is some disturbance, or tire-alarm, or completion of the Veda, or vomiting; — ......it will be unfit for study for one day and night.’

Āpastamba Dharmasūtra (1.10.22, 25, 26). — ‘On vomit-ting, till he goes to sleep; when there is eructation; also after meals at night.’

Vaśiṣṭha (13.8). — ‘Running, etc.... in an army, after meals while hands are still wet...... or vomitting, and when there is indigestion; — it will be unfit for study till it lasts.’

Viṣṇu (30.11, 19-21). — ‘Not when there is clash of weapons; nor when one has vomitted; nor when he feels disgusted; nor when he is suffering from indigestion.’

Yājñavalkya (1.149). — ‘After meals, till the hands are wet, or in water, or at midnight, or when there are high winds.’

Pāraskara (2.11.4). — ‘After meals while hands are still wet......’

Āpastamba Dharmasūtra (1.11.8). — ‘When the wind blows loudly, or when grass is being blown on the ground, or when it is raining, or when water is flowing on the ground.’

Viṣṇu (30.7). — ‘When frightful wind is blowing.’

Yājñavalkya (1.149). — ‘......During high winds.’

Pāraskara (2.11.1). — ‘When there are high winds, — and on moonless days — it is a complete holiday.’

Gobhila (3.3.28). — ‘It will he unfit for study during the time that there is sound of dancing or of musical instruments or of weeping or of high winds.’

Yama (Vīramitrodaya-Saṃskāra, p. 536). — ‘When the man sees a guest arrive, he shall not proceed with his study; but he may go on, on being permitted by him.’

 

 

VERSE 4.122

Section XIII - Days unfit for Study

 

अतिथिं चाननुज्ञाप्य मारुते वाति वा भृशम् ।
रुधिरे च स्रुते गात्रात्शस्त्रेण च परिक्षते ॥१२२॥

atithiṃ cānanujñāpya mārute vāti vā bhṛśam |
rudhire ca srute gātrātśastreṇa ca parikṣate ||122||

 

Not without having obtained the permission of his guest, nor while the wind blows vehemently; nor when blood has flowed from his body, or his body has been wounded by a weapon. — (122).

 

Medhātithi’s commentary (manubhāṣya):

The ‘guest’ here stands for gentlemen in general. The ‘guest’ is a gentleman who happens to arrive by chance; and, when such a gentleman has arrived, the Veda shall be studied, but only after his permission has been obtained with the words, ‘May I proceed with my study.’ Says another Smṛti-text, — ‘When a gentleman has come to the house.’

When the winds blows ‘vehemently’ — i.e., with great force.

Objection. — “Study has already been forbidden ‘when air is audible by the ear’ (102), and so forth.”

True. But what is meant by the present text is that when the wind blows with greater force than what has been mentioned before (in 102); or, it may sefer to the wind blowing apart from the rains. That such is the meaning is indicated by the usual meaning of the root ‘vā,’ ‘to blow,’ which means to dry up; and wind (apart from the rains) always tends to dry up things; and in this sense, the term ‘māruta’ shall stand for the constituent elements of’ the body; and the meaning in this case (of the term ‘vāti’) shall be that — ‘when the constituents of the man’s body have been dried up by the labours of study’; the whole phrase (‘mārute vāti’) would thus mean — ‘when the wind is blowing high and the reader is emaciated,’ — there being no co-ordination between the two locatives (in ‘mārute’ and ‘vāti’).

When blood has flowed, through the bite of leeches and such other insects; or when blood has flowed, by reason of his body being wounded by a weapon. The term, ‘from the body,’ is to be construed with both clauses. (122).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 536); — in Smṛticandrikā (Saṃskāra, p. 164); — in

Hemādri (Kāla, p. 774), which explains the meaning as ‘when the Brāhmaṇa arrives, the reader should offer him water etc., and then having obtained his permission, he should proceed with his study’; — and in Gadādharapaddhati (Kāla, p. 196).

 

 

VERSE 4.123

Section XIII - Days unfit for Study

 

सामध्वनावृग्यजुषी नाधीयीत कदा चन ।
वेदस्याधीत्य वाऽप्यन्तमारण्यकमधीत्य च ॥१२३॥

sāmadhvanāvṛgyajuṣī nādhīyīta kadā cana |
vedasyādhītya vā'pyantamāraṇyakamadhītya ca ||123||

 

He shall never recite the Ṛk or the Yajuṣ during a Sāma-chant; nor after having read the end of the Veda, or after having read the Āraṇyaka. — (123).

 

Medhātithi’s commentary (manubhāṣya):

While the Sāma-chant is being heard, one shall not recite either Ṛk verses or the Yajuṣ Mantras. This prohibition does not Apply to the Brāhmaṇas appertaining to the Ṛgveda and the Yajurveda; but the prohibition does apply to the reading of such Ṛk and Yajuṣ Mantras as happen to be contained in the Pañcaviṃśa Brāhmaṇa (of the Sāma-Veda).

‘End of the Veda;’ — i.e., when the Veda comes to an end. This refers to the end of the Mantra (Saṃhitā) Text, as also to that of the Brāhrnaṇa Text.

‘Āraṇyaka’ is the name of a portion of the Veda; after having read this, one should not read any other hook. — (123)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Vīramitrodaya (Saṃskāra, p. 533) to the effect that the time, during which the Sāman is chanted, is unfit only for the reading of the Ṛgveda and the Yajurveda.

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 160); — in Puruṣārthacintāmaṇi (p. 443); — in Hemādri (Kāla, p. 768); — and in Gadādharapaddhati (Kāla, p. 196).

 

Comparative notes by various authors:

Gautama (16.21). — ‘There should be no reading of the Ṛk and the Yajuṣ verses so long as there is sound of Sāma-singing.’

Baudhāyana (1.11.23). — ‘When there is rotting smell in the air, or when there is fog, and when there are sounds of......... Sāma, — then it is unlit for study, till they last.’

Āpastamba Dharmasūtra (1.10.19). — ‘Sounds of Sāma also.’

Do. (1.11.6). — ‘One should not read on that day that chapter of which he may have done the Upākarma.’

Viṣṇu (30.26). — ‘So long as there are sounds of Sāma, the Ṛk and the Yajuṣ shall not be read.’

Yājñavalkya (1.145.148). — ‘On completing the Veda, and after having read the Āraṇyaka, it will be unfit for study during the rest of the day and night. Also when there are sounds of dog......... and Sāma-singing.’

Pāraskara (2.11.6). — ‘It will be unfit for study during the time that there are sounds of......... Sāma.’

Aṅgiras (Caturvargacintāmani, Paribhaṣa-Kāla, Adhyāya 14). — ‘In as much as sacrifices to the deities of the cremation-ground are offered with the Sāmaveda, — the sound of that Veda is unclean.’

Yama (Vīramitrodaya-Saṃskāra, p. 534). — ‘The Rigveda and the Yajurveda shall not be read while there is sound of Sāma-singing; or when there is very high wind.’

 

 

VERSE 4.124

Section XIII - Days unfit for Study

 

ऋग्वेदो देवदैवत्यो यजुर्वेदस्तु मानुषः ।
सामवेदः स्मृतः पित्र्यस्तस्मात् तस्याशुचिर्ध्वनिः ॥१२४॥

ṛgvedo devadaivatyo yajurvedastu mānuṣaḥ |
sāmavedaḥ smṛtaḥ pitryastasmāt tasyāśucirdhvaniḥ ||124||

 

The Ṛgveda is sacred to the gods and the Yajurveda is human; the Sāmaveda has been declared to be related to the Pitṛs; hence its sound is impure. — (124)

 

Medhātithi’s commentary (manubhāṣya):

It, has been declared that when Sāma-Veda is being chanted, the time is unfit for the reciting of the Ṛgveda and the Yajurveda. Supplementary to this, we have the present statement.

‘Sacred to the pods;’ — i.e., that of which the gods are the presiding genius; that is, which consists entirley of hymns to the gods. As a matter of fact, hymns form the principal part of the Ṛgveda; it is for this reason that it is called ‘sacred to the gods.’

As a matter of fact, action forms the predominating element in Men; and, since the Yajurveda is made up principally of injunctions regarding Action, the Yajurveda is, on account of this analogy, said to be ‘human.’ The term ‘mānuṣa’ denotes the genus ‘man;’ and, by a process of identification, the Yajurveda has been called ‘human.’

‘Related to the Pitṛs’ — may be taken to mean — either ‘beneficial to the Pitṛs,’ or ‘of which the Pitṛs are the presiding genius;’ by some sort of relationship, the Sāma-Veda has been called ‘related to the Pitṛs.’

There are three regions, and of these there, are three presiding beings; the gods of Heaven, the Men of the Earth and the Pitṛs of the sky. Similarly, there are three Vedas; and, since two of these have been spoken of as related to ‘gods’ and ‘men,’ respectively, the third, Sāma Veda, is, by a process of elimination, declared to be ‘related to the Pitṛs.’

‘Its sound is impure’. — The sound of the Sāmaveda should not he understood, by this, to be really impure; all that is meant is that, just as Veda should not be recited in the presence of an impure substance, so should it not he recited in the presence of the Sāma-chant; it is on the ground of this similarity to ‘impure substances’ that the sound of Sāma has been said to be ‘impure.’

From the context it is clear that this prohibition during Sāma-chant, pertains to the reciting of the Ṛgveda and the Yajurveda in course of the regular ‘Vedic study’ that, has been prescribed; and not to the reciting of Mantra-texts that is done in the course of scrifical performances. — (124)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 534), which adds that according to a declaration by Āpastamba, the time, during which the Ṛk and other Vedas are recited, is unfit for the chanting of the Sāman; — in Smṛticandrikā (Saṃskāra, p. 160), as stating the reason for what has been declared in the preceding verse; — in Puruṣārthacintāmaṇi (p. 443); — and in Hemādri (Kāla, p. 768), — in all these to the same effect.

 

 

VERSE 4.125

Section XIII - Days unfit for Study

 

एतद् विद्वन्तो ??विद्वांसस्त्रयीनिष्कर्षमन्वहम् ।
क्रमतः पूर्वमभ्यस्य पश्चाद् वेदमधीयते ॥१२५॥

etad vidvanto ??vidvāṃsastrayīniṣkarṣamanvaham |
kramataḥ pūrvamabhyasya paścād vedamadhīyate ||125||

 

Knowing this, the learned dally recite first the essence of the three Vedas, in due order; and it is only after this that they recite the Veda. — (125)

 

Medhātithi’s commentary (manubhāṣya):

‘Knowing this’, — i. e., the connection of the Vedas with the presiding beings of the three Regions, as described in the preceding verse; — ‘the learned’ — wise men — ‘first’ — ‘recite the essence of the three Vedas’ — in the shape of (1) the syllable ‘om,’ (2) the Vyāhṛtis (the syllables, ‘bhūḥ bhuvaḥ — svaḥ’) and (3) the ‘Sāvitrī’ verse — in this ‘order;’ — and ‘after this they recite the Veda.’ By the reciting of the said three ‘essences,’ all the three regions and the three presiding beings become comprehended.

Though this matter has already been asserted in Discourse II, yet it is repeated here; and this with a view to emphasise the fact, that — ‘just as one does not recite the Veda at a time that is unfit for study, so also should he not recite it until he has previously recited the essence of the three Vedas.’ — (125).

 

 

VERSE 4.126

Section XIII - Days unfit for Study

 

पशुमण्डूकमार्जारश्वसर्पनकुलाखुभिः ।
अन्तरागमने विद्यादनध्यायमहर्निशम् ॥१२६॥

paśumaṇḍūkamārjāraśvasarpanakulākhubhiḥ |
antarāgamane vidyādanadhyāyamaharniśam ||126||

 

When cattle, a frog, a cat, a dog, a snake, a mongoose or a rat come between, — one should regard the day and night as unfit for study. — (126)

 

Medhātithi’s commentary (manubhāṣya):

‘Come between’ — between the teacher and the pupil, or Among the several students themselves.

‘Aharnisham’ — Day and night.

Gautama (1.59), however, has declared — ‘Fasting and living outside for three days has been laid down;’ and the same holds good regarding reading in the cremation-ground.

What is laid down in the present text is to be regarded as an option to what has been declared by Gautama — (l 26)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Purusārthocintāmaṇi (p.? 443); — in Smṛticandrikā (Saṃskāra, p. 158); — in Hemādri (Kāla, p. 767); — and in Gadādharapaddhati (Kāla, p. 196).

 

Comparative notes by various authors:

Gautama (1.64). — ‘In the case of the dog, the mongoose, the serpent, the frog and the cat, there should be fasting and living outside for three days.’

Viṣṇu (30.22). — ‘Not when any five-nailed animal comes between.’

Yājñavalkya (1.147). — ‘If there is intervention by cattle, or by a frog or a mongoose or a dog or a serpent or a cat or a rat, — it will be unfit for study for the day and night; as also when there is either fall or rise of Indra.’

 

 

VERSE 4.127

Section XIII - Days unfit for Study

 

द्वावेव वर्जयेन्नित्यमनध्यायौ प्रयत्नतः ।
स्वाध्यायभूमिं चाशुद्धमात्मानं चाशुचिं द्विजः ॥१२७॥

dvāveva varjayennityamanadhyāyau prayatnataḥ |
svādhyāyabhūmiṃ cāśuddhamātmānaṃ cāśuciṃ dvijaḥ ||127||

 

The twice-born man shall always carefully avoid only two conditions as unfit for study: viz. an unclean place of study and his own unclean condition. — (127)

 

Medhātithi’s commentary (manubhāṣya):

The mention of ‘always’ here shows that the aforesaid occasions are to be regarded as ‘unfit for study,’ only optionally; among these also those that are obligatory have already been indicated; e.g., whenever the term ‘always’ occurs; it has also been shown where what is stated is purely descriptive; e.g., verse 114.

The place is regarded as ‘unclean’ when it is in contact with such unclean things as bones, the generative organs, and so forth.

The conditions that make the man himself ‘unclean’ shall be described in Discourse V.

Though the present conditions of ‘unfitness for study,’ are mentioned in the context dealing with ‘Vedic Study,’ yet they are, in reality, permanently ‘unfit for study;’ for the simple reason that the unclean man is not entitled to any act; as says the Brāhmaṇa — ‘For the sacrifice, there are two conditions that make it unjit — when the man himself, or the place, is unclean.’ The sacrifice here referred to is the ‘Brahmayajña,’ the daily reciting of Vedic mantras. — (127).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 193), which adds that this refers to that ‘Vedic study’ which forms part of the daily ‘Brahmayajña’, being based, as it is, on the following Taittirīya text: ‘Tasya vā etasya yajñasya dvāvanadhyāyau yadātmā’ śuciryoddeśaḥ,’ — which bears specially upon the Brahmayajña; — in Hemādri (Kāla, p. 775), which says that this refers to that Vedic study which forms part of the daily Brahmayajña; — in Smṛticandrikā (Saṃskāra, p. 164), which has the same note; — and in Gadādharapaddhati (Kāla, p. 196).

 

Comparative notes by various authors:

Yājñavalkya (1.149). — ‘When the place or the man himself, is unclean, when there is thunder and lightning, etc.’

Āśvalāyana Gṛhyasūtra (3.4.7). — ‘Two occasions have been recognised as unfit for study — viz., when the place is unclean and when the man himself is unclean.’

Pāraskara (1.11.7-9). — ‘On the death of the teacher, one shall enter the water and desist from study for ten days — for three days, on the death of a fellow-student; — for one day on the death of one who is not a fellow-student.’

Gobhila (3.3.24.27). — ‘On the death of a fellow-student, — on the death of one’s own king, — on the death of the teacher, for three days; for a day and night, on the death of the pupil.’

 

 

VERSE 4.128 [Other Duties]

Section XIV - Other Duties

 

अमावास्यामष्टमीं च पौर्णमासीं चतुर्दशीम् ।
ब्रह्मचारी भवेन्नित्यमप्यर्तौ स्नातको द्विजः ॥१२८॥

amāvāsyāmaṣṭamīṃ ca paurṇamāsīṃ caturdaśīm |
brahmacārī bhavennityamapyartau snātako dvijaḥ ||128||

 

On the Moonless Day, on the eighth, on the Full Moon Day, and on the Fourteenth, the twice-born Accomplished Student shall always remain a “Religious Student,” even during the “season.” — (128)

 

Medhātithi’s commentary (manubhāṣya):

‘Shall remain a Religious Student.’ — Abstention from congugal intercourse is among the duties of the Religious Student; and it is this that is meant here; and not the other duties of begging food, and so forth. Specially, as the phrase ‘even during the season’ brings to mind that one duty first of all.

Others hold that, during the days mentioned, the eating of honey and meat is also meant to be avoided. In support of this view, it is necessary to quote another Smṛti- text: ‘The use of oil, meat, the female generative organ and the razor is to be avoided on the sixth, on the Moonless Day, on the fourteenth of both fortnights and on the Full Moon Day.’

Others, again, have offered the following explanation: — “‘Religious Student’ is the name given to a person in a particular Life-stage; hence, when it is applied to the Householder and persons in other life-stages, it becomes simply indicative of that peculiar characteristic of the Religious Student which consists in the performance of duties conducive to Vedic Study; this is the case with the expression, ‘should remain a Religious Student.’ When the name of one thing is applied to another, it denotes similarity; and, in accordance with this principle, the expression would mean the adoption of all the duties of the Religious Student, — such as begging for food, tending of the Fire, and so forth. But the presence of such directions as, ‘all this should be done till the ceremony of Return’ (2.108), and ‘the Householder shall eat the remnants,’ clearly preclude the said duties of ‘begging for food’ and the like (which would be incompatiable with the duty of ‘eating the remnants’) [and the other duties are clearly laid down as to be observed only till the ceremony of Return ]. So that, the expression in question can only indicate the avoiding of Honey, Meat and Sexual Intercourse (which is among the duties of the Religious Student, and is compatible with the life of the Householder).”

But there is not much in all this; since the term, ‘Religious Student,’ is generally used in the sense of ‘avoiding sexual intercourse.’ — (128)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.79); — in Aparārka (p. 103), which adds that on the ground of the terms ‘Aṣṭami’ and ‘Caturdaśī’ occurring along with ‘Amāvasyā’, it is understood that they stand for the eighth and fourteenth days of the Fortnight, — not of the ‘season’; — and that the particle ‘api’ indicates that intercourse on the dates mentioned is to be avoided, also when they happen to fall outside the ‘season’; — and in Hemādri (Kāla, p. 724), which adds that ‘Aṣṭamī’ and ‘Caturdaśī mentioned as they are along with ‘Amāvasyā,’ must stand for the eighth and fourteenth days of the fortnight, not those of the wife’s ‘period.’

It is quoted in Madanapārijāta (p. 346); — in Parāśaramādhava (Ācāra, p. 498), which adds that the passage is to be construed as ‘strīsaṅgatyāgena brahmacārī bhavet’; ‘on the dates of the month specified, one should behave like the Student by avoiding intercourse with his wife’; — in Prāyaścittaviveka (pp. 286 and 368), as forbidding sexual intercourse on ‘parva’ days, and adds that ‘snātakaḥ’ here stands for the House-holder; — in Saṃskāraratnamālā (p. 683); — in Smṛticandrikā (Saṃskāra, p. 38); — and in Vīramitrodaya (Saṃskāra, p. 155), which adds that the particle ‘ca’ is meant to include the Saṅkrānti day, — and explains the term ‘snātaka’ to mean ‘one whose wife has bathed for her season.’

 

Comparative notes by various authors:

Mahābhārata (13.140.11). — ‘One who approaches his wife only during the periods remains a Religious Student.’

Āpastamba Dharmasūtra (2.1.17). — ‘Recourse to one's wife during the periods is in itself an observance.’

Do. (Aparārka, p. 104). — ‘The observances of the householder...... He shall not approach his wife on the eighth, fourteenth and fifteenth days of the fortnight.’

Yājñavalkya (1.79). — ‘He should avoid his wife during the Parvas.’

Vaśiṣṭha (12.18). — ‘One should have recourse only to his wife, only during her periods, avoiding the Parvas.’

Viṣṇu (68.1). — ‘He shall not approach his wife on the eighth, the fourteenth and the fifteenth days of the month.’

Baudhāyana (1.11.36). — ‘He shall not eat meat, nor shall he approach his wife.’

Viṣṇupurāṇa (Parāśaramādhava, p. 499). — ‘The fourteenth, eighth, moonless day, full moon day, the day on which the sun passes from one sign to the other, are the Parvas; one who has recourse to his wife on these days goes to hell.’

 

 

VERSE 4.129

Section XIV - Other Duties

 

न स्नानमाचरेद् भुक्त्वा नातुरो न महानिशि ।
न वासोभिः सहाजस्रं नाविज्ञाते जलाशये ॥१२९॥

na snānamācared bhuktvā nāturo na mahāniśi |
na vāsobhiḥ sahājasraṃ nāvijñāte jalāśaye ||129||

 

He shall not bathe after a meal, nor when he is ill, nor at midnight, nor along with his garments; and never in an unknown water-reservoir. — (129)

 

Medhātithi’s commentary (manubhāṣya):

This prohibition does not apply to the daily bath; since there is no possibility of its ever being done after the meals; specially, as in another Smṛti-text, the order of sequence has been distinctly laid down as — ‘(1) Bath, (2) the Great Sacrifices and (3) the Eating of Remnants.’ Nor can the prohibition apply to the bath necessitated by touching of the Cāṇḍāla and such other circumstances; because such a prohibition would be contrary to the general law that ‘one shall not remain impure for a single moment.’ From all this it follows that the prohibition applies to that purely voluntary bathing which one has recourse to for the relieving of heat and perspiration, etc.

‘Ill’ — suffering from some disease. For the sick person, all kinds of bath have been forbidden, even when he may have become unclean; specially in view of the direction that ‘one shall protect himself from all things.’

Question — “How would such a man be purified?”

Answer — He shall sprinkle water over his body, or wipe off his body with Mantras, or change his clothes, and so forth.

‘Midnight,’ ‘Mahāniśā;’ — i.e., Four ‘muhūrtas,’ two on each side of midnight.

Some people explain the term ‘mahāniśā’ as ‘Long Night,’ such as we have during the winter.

But this explanation (by which bathing during winter-nights would be forbidden) would be contrary to the Injunction that lays down early morning bath during the (winter) months of Māgha, and Phālguna; and as such, it must be regarded as a wrong explanation. Nor is there any ground for restricting the prohibition to winter nights only; specially as the text does not contain a second ‘niśā’ (which alone could afford the sense, ‘during the night of those months when nights are long.’)

‘Along with his garments.’ — This implies that the prohibition applies to the case where, during the cold weather, a man is wearing several pieces of clothes; especially bathing with one piece of cloth on is what has been already enjoined by such directions as ‘he shall not bathe naked’ (4.45); — When he is wearing two pieces of cloth, there is uncertainty, he may or may not bathe; — but when he has several pieces on, he shall not bathe.

‘Water-reservoir’ — containing water; — ‘unknown’ — i.e., with regard to which it is not known whether it is deep or not deep, or whether there are, or are not, allegators in it.

‘Ajasram’ — ever, always. — (129)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 135); — and in Vīramitrodaya (Āhnika, p. 159), which adds that what the first quarter forbids is ‘that bathing which one may do voluntarily, without any occasion, after having taken his food’; it cannot refer to the obligatory daily bathing, which must precede the breakfast; nor can it refer to the bathing that is rendered necessary by the touching of a cāṇḍāla or other unclean things, since it has been laid down that ‘one should not remain unclean for a single moment.’ [This it quotes as from Medhātithi]; — then even after food, if such occasions should arise as an eclipse and the like, one must bathe; — ‘āturaḥ’ is explained as ‘one suffering from a disease likely to be aggravated by bathing’, — and ‘mahāniśā’ as the second and third quarters of the night; — the phrase ‘na vāsobhiḥ’ is explained as indicating that on those occasions on which it is laid down that one should bathe ‘along with his clothes,’ there would be nothing wrong in doing so even when one is wearing several pieces of cloth. — ‘Ajasram’ means ‘constantly.’ — The bathing that is forbidden here is such as is done by men either through sheer foolishness or through false notions of purity, — and not that which becomes necessary on one’s arrival at a sacred place. — ‘Avijñāte’ — means those ‘water-reservoirs’ in regard to which it is not known whether they are deep or otherwise, free or not from alligators and other animals, dug by respectable men or otherwise, and duly consecrated or not.

It is quoted in Madanapārijāta (p. 246); — in Kālaviveka (p. 340); — in Smṛtitattva, on p. 38, where it is added that what is forbidden is frequent bathing, as is clear from the adverb ‘ajasram’; — on p. 160, where it adds that the prohibition of bathing at night does not apply to bathing at an eclipse; — and on p. 365, where it is explained as referring to that bathing which is done for the mere love of doing it, — and not to that which is rendered necessary on certain occasions and circumstances, nor to the daily bathing; — in Hemādri (Kāla, p. 708), which has the following notes: — ‘Bhuktvā,’ this prohibition does not refer to the ordinary daily bath; nor to the bath necessitated by the touch of the Cāṇḍāla, as that impurity must be got rid of immediately; it must refer to the voluntary bath for mere pleasure; — as regards the ‘ātura,’ sick-person, the full bath is forbidden for him at all times; — ‘ajasram’ means ‘constantly’; — also in Hemādri (Śrāddha, p. 857); — in Nityācārapradīpa (p. 306), which has the same note, and says such is the opinion of Medhātithi; it is only the ordinary bath (not religious) that is forbidden at ‘dead of night’ and ‘constantly,’ so also ‘avijñāte.’ &c. — which means ‘that water-reservoir in regard to which it is not known how deep it is or whether or not it is objectionable in any way’; — and in Smṛtisāroddhāra (p. 273).

 

Comparative notes by various authors:

Baudhāyana (2.3.24). — ‘Bathing after sunset (he shall avoid).’

Āpastamba Dharmasūtra (1.32, 8). — Do.

Viṣṇu (64.3.4.6). — ‘Nor when suffering from indigestion, nor when he is distressed, — nor during the night and — except when there is an eclipse — nor in the evening.’

Āśvalāyana (3.9.6). — ‘He shall not bathe at night; nor naked; he shall not sleep naked.’

Devala (Aparārka, p. 135). — ‘One should avoid bathing in a river in the evening.’

Do. (Vīramitrodaya-Āhnika, p. 159). — ‘One shall avoid bathing at twilights and at midday.’

Do. (Do., p. 160). — ‘The middlemost quarters of the night are called Mahāniśā; at that time one shall not bathe, except when it happens to be an obligatory or circumstantial hath.’

Jābāla (Do.). — ‘One should not bathe in another’s tank, nor after taking food, nor at midnight.’

 

 

VERSE 4.130

Section XIV - Other Duties

 

देवतानां गुरो राज्ञः स्नातकाचार्ययोस्तथा ।
नाक्रामेत् कामतश्छायां बभ्रुणो दीक्षितस्य च ॥१३०॥

devatānāṃ guro rājñaḥ snātakācāryayostathā |
nākrāmet kāmataścāyāṃ babhruṇo dīkṣitasya ca ||130||

 

He shall not intentionally step over the shadow of the gods, of a superior, of the king, of an Accomplished Student, of his own Preceptor, of the tawny thing, or of the Initiated Person. — (130)

 

Medhātithi’s commentary (manubhāṣya):

‘Gods’ here stands for Images; as these alone can cast shadows.

‘Superior’ — i.e., his father.

‘Preceptor’ — one who has performed for him the Initiatory Ceremony.

These two have been mentioned separately, with a view to show that this additional respect is to be shown to the two persons concerned, not simply because they are to be treated as ‘superiors,’ [but because they are, by their distinctive character, entitled to this additional form of respect].

Hence, what is here prescribed does not apply to the maternal uncle and such other persons.

Some people assert that “such a view would be contrary to usage; hence the separate mention of the two (‘superior’ and ‘preceptor’) has to be explained as anologous to such expressions as ‘(gobalīvarda,’ ‘bovine bull’ (where the tautology indicates some sort of distinctive superiority).

‘Tawny’ is the reddish brown colour; it stands here for a substance possessed of that colour; in the present context it stands for either the tawny cow or the Soma-creeper; the term ‘babhru’ (‘tawny’) being found in the Veda to be applied to both these things.

‘intentionally.’ — This means that if it is done unintentionally, there is no wrong done. — (130)

 

Explanatory notes by Ganganath Jha:

‘Babhruṇaḥ’ — ‘Either the tawny cow or the Soma-creeper’ (Medhātithi); — ‘the tawny’ (Kullūka); — ‘tawny cow’ (Nandana); — ‘a brown creature’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 193), which explains ‘babhru’ as ‘a tawny animal, such as the cow and the like’; — in Mitākṣarā (on 1.152), which explains ‘babhru’ as ‘the cow or any other animal which is of the colour of the mongoose’ or ‘the Soma and other such creepers’; — in Madanapārijāta (p. 120), which explains ‘babhru’ simply as ‘kapila’, ‘tawny’; — in Parāśaramādhava (Ācāra, p. 523); — in Vīramitrodaya (Saṃskāra, p. 575), which also explains ‘babhru’ simply as ‘kapilaḥ’; — in Nṛsiṃhaprasāda (Saṃskāra, p. 88a); — and in Smṛtisāroddhāra (p. 321), which explains ‘babhru’ as ‘of the colour of the mongoose.’

 

Comparative notes by various authors:

Viṣṇu (63.40). — ‘He shall not step over the shadow of the god, the Brāhmaṇa, the teacher, the tawny cow and the initiated person.’

Yājñavalkya (1.152). — ‘He shall not step over the shadow of a deity, a priest, an accomplished student, the teacher, the king, and another man’s wife; — nor over urine, excreta or spittings or vomits.’

Yama (Aparārka, p. 193). — ‘He shall not intentionally step over the shadow of a deity, the twice-born, the teacher, the wise man, the accomplished student, the preceptor and the minister; also of the tawny cow; — nor should he allow his own shadow to be stepped over by a eunuch or an outcast or a Caṇḍāla, or his enemies, or by a diseased person.’

 

 

VERSE 4.131

Section XIV - Other Duties

 

मध्यन्दिनेऽर्धरात्रे च श्राद्धं भुक्त्वा च सामिषम् ।
सन्ध्ययोरुभयोश्चैव न सेवेत चतुष्पथम् ॥१३१॥

madhyandine'rdharātre ca śrāddhaṃ bhuktvā ca sāmiṣam |
sandhyayorubhayoścaiva na seveta catuṣpatham ||131||

 

He shall not have recourse to a cross-road at midday, or at midnight, or after having partaken of meat-food at a śrāddha, or at the two twilights. — (131)

 

Medhātithi’s commentary (manubhāṣya):

At midday — at midnight — after having eaten, at a Śrāddha, food mixed with meat — ‘he shall not have recourse to a cross-road;’ i.e., shall not stay there for any length of time. If, however, on his way; to another village, there is no other way save through the cross-road, his having recourse to it to that extent is not forbidden.

Some people add a further ‘ca,’ and explain the text to mean, ‘after having eaten at a śrāddha, and after having partaken of meat-food.’

Under this explanation, however, it would be necessary to seek for some usage in support of this; as without some such corroborative usage, there can be no justification for such disjointed construction. — (131)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 193); — in Madanapārijāta (p. 121); — and in Vīramitrodaya (Saṃskāra, p. 576).

 

Comparative notes by various authors:

Viṣṇu (63.19). — ‘he shall not stand upon road-crossings.’

Mahābhārata (13. Anuśāsana, 161.28). — ‘He shall not stand at road-crossings at midday, or at midnight, or late at night, or during the two twilights.’

 

 

VERSE 4.132

Section XIV - Other Duties

 

उद्वर्तनमपस्नानं विण्मूत्रे रक्तमेव च ।
श्लेश्मनिष्ठ्यूतवान्तानि नाधितिष्ठेत् तु कामतः ॥१३२॥

udvartanamapasnānaṃ viṇmūtre raktameva ca |
śleśmaniṣṭhyūtavāntāni nādhitiṣṭhet tu kāmataḥ ||132||

 

He shall not intentionally stand upon unguent-powder, or upon used water, or on urine or ordure, or on blood, or on mucus, spittings and vomitings. — (132)

 

Medhātithi’s commentary (manubhāṣya):

‘Unguent-powder,’ — such powder, etc., as are used for removing dirt from the body.

‘Used water’ — water that has been used for bathing, etc.

‘Spittings.’ — Even apart from the mucus, in which form spittings are generally thrown out; such things, for instance, as the betel-leaf and other things, of which the juices have been eaten up and the tasteless substance is thrown out.

‘Standing upon’ means stepping upon.

‘Intentionally.’ — There is no harm if it is done unintentionally. — (132)

 

Explanatory notes by Ganganath Jha:

‘Apasnānam’ — ‘Water that has been used already’ (Medhātithi); — ‘water used for washing a corpse’ (Nārāyaṇa and Nandana).

This verse has been quoted in Aparārka (p. 183); — in Vīramitrodaya (Saṃskāra, p. 576), which explains ‘apasnānam’ as ‘water that drops from the body when one is bathing,’ — ‘niṣṭhyūtam’ as ‘spittings’; — and in Smṛtisāroddhāra (p. 321).

 

Comparative notes by various authors:

See above, under 78.

Viṣṇu (63.11). — ‘Nor shall he stand upon spittings or vomitings or blood, or excreta or wine or bath-water.’

Yājñavalkya (1.152). — ‘He shall not step over blood or excreta or wine or spittings or unguent-powder.’

 

 

VERSE 4.133

Section XIV - Other Duties

 

वैरिणं नोपसेवेत सहायं चैव वैरिणः ।
अधार्मिकं तस्करं च परस्यैव च योषितम् ॥१३३॥

vairiṇaṃ nopaseveta sahāyaṃ caiva vairiṇaḥ |
adhārmikaṃ taskaraṃ ca parasyaiva ca yoṣitam ||133||

 

He shall not pay attention to his enemy, or to his enemy’s friend, or to an unrighteous person, or to a thief, or to the lady of another person. — (133)

 

Medhātithi’s commentary (manubhāṣya):

To his enemy, he shall not send presents, — he shall not sit or stand in the same place with him, — he shall not go home in his company, — he shall not carry on conversation with him, and so forth.

‘Unrighteous person,’ — a sinner, i.e., one who maintains himself by bad livelihood.

‘Thief’ — one who steals things. It is this separate mention of the ‘thief’ which implies that all‘ unrighteous’ persons are not meant to be avoided, but only those mentioned above (those living by evil ways of living).

‘The lady of another person.’ — The use of the term ‘lady’ (‘yoṣit’) and not ‘wife’ (‘pat??’) is meant to show that one shall avoid, not only the married wife, but also the ‘kept’ woman; because paying attention to both equally leads to enmity; and the present prohibition is based upon visible (ordinary worldly) considerations. In the next verse, we have the term ‘wife,’ (‘dārā’), which is meant to indicate the excessive spiritual wrong involved. It would not be right to assert that — “the general term ‘lady’ in the present verse is restricted in its extension by the term ‘wife’ in the next verse, which is supplementary to this one.” Because, as a matter of fact, the next is not supplementary to the present verse, which stands distinct by itself. — (133)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 194); — in Parāśaramādhava (Ācāra, p. 523); — and in Vīramitrodaya (Saṃskāra, p. 576).

 

Comparative notes by various authors:

Mahābhārata (Śānti, 138.192.191). — ‘O Friend, wise men do not, without reason, place themselves under the influence of their enemies...... He shall not trust the untrust worthy, even the trustworthy he shall not trust over-much; he should always make others trust him, but he himself shall not trust others.’

Do. (139.75). — ‘Having done harm to a certain person, he shall not trust him......... By reposing trust upon a person after having injured him, one always falls into trouble.’

 

 

VERSE 4.134

Section XIV - Other Duties

 

न हीदृशमनायुष्यं लोके किं चन विद्यते ।
यादृशं पुरुषस्येह परदारोपसेवनम् ॥१३४॥

na hīdṛśamanāyuṣyaṃ loke kiṃ cana vidyate |
yādṛśaṃ puruṣasyeha paradāropasevanam ||134||

 

In this world, there is nothing so detrimental to a man’s longevity as paying attention to the wife of another person. — (134)

 

Medhātithi’s commentary (manubhāṣya):

Any such thing as the eating of indigestible food, the stealing of gold, etc., ‘is not so detrimental to a man’s longevity’ — which cuts short his life to the same extent — as intercourse with another person’s wife This involves both temporal and spiritual wrong. — (134)

 

Comparative notes by various authors:

Mahābhārata (13.104.21). — (Same as Manu.)

 

 

VERSE 4.135

Section XIV - Other Duties

 

क्षत्रियं चैव सर्पं च ब्राह्मणं च बहुश्रुतम् ।
नावमन्येत वै भूष्णुः कृशानपि कदा चन ॥१३५॥

kṣatriyaṃ caiva sarpaṃ ca brāhmaṇaṃ ca bahuśrutam |
nāvamanyeta vai bhūṣṇuḥ kṛśānapi kadā cana ||135||

 

Desiring his own prosperity, he shall never despise a Kṣatriya, a serpent, a learned Brāhmaṇa, — even if they be feeble. — (135)

 

Medhātithi’s commentary (manubhāṣya):

‘Despising’ means disrespect, want of respect, as also actual ill-treatment.

‘Even if they be feeble’ — and, hence, unable to show any form of friendliness. — (135)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 194); — and in Parāśaramādhava (Ācāra, p. 523).

 

Comparative notes by various authors:

(verses 4.135-136)

Mahābhārata (Aśvamedha, 98.77). — (Reproduces Manu, reading ‘medhāvī’ for ‘vai bhūṣṇuḥ’ and ‘etat prayatnena’ for ‘etat trayannityam.’)

Yājñavalkya (1.153). — ‘Brāhmaṇas, serpents, Kṣatriyas and one’s own self, — these should never be despised.’

Mahābhārata (Anuśāsana, 161.82). — ‘Desiring to live a long life, one shall never despise the following three, even though they be very much reduced — the Brāhmaṇa, the Kṣatriya, the serpent and other poisonous animals.’

 

 

VERSE 4.136

Section XIV - Other Duties

 

एतत् त्रयं हि पुरुषं निर्दहेदवमानितम् ।
तस्मादेतत् त्रयं नित्यं नावमन्येत बुद्धिमान् ॥१३६॥

etat trayaṃ hi puruṣaṃ nirdahedavamānitam |
tasmādetat trayaṃ nityaṃ nāvamanyeta buddhimān ||136||

 

Because these three, when despised, may destroy the man, — therefore, the intelligent man shall never despise these three. — (136)

 

Medhātithi’s commentary (manubhāṣya):

‘The man’ — i.e., he who does the despising.

‘These three, when despised.’ — The Kṣatriya and the. snake destroy a man with their visible (physical) power, while the Brāhmaṇa does it by means of incantations and oblations, as also by means of the spiritual wrong involved in his ill-treatment.

‘Therefore these three &c.’ — This sums up the whole thing. Having indicated the evil involved, the Author has added this summing up, with a view to show that what is here mentioned is to be avoided with special care; and from the great care thus enjoined it follows that the act here prohibited involves a correspondingly serious Expiatory Rite also. — (136)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 194).

 

Comparative notes by various authors:

(verses 4.135-136)

See Comparative notes for Verse 4.135.

 

 

VERSE 4.137

Section XIV - Other Duties

 

नात्मानमवमन्येत पुर्वाभिरसमृद्धिभिः ।
आ मृत्योः श्रियमन्विच्छेन्नैनां मन्येत दुर्लभाम् ॥१३७॥

nātmānamavamanyeta purvābhirasamṛddhibhiḥ |
ā mṛtyoḥ śriyamanvicchennaināṃ manyeta durlabhām ||137||

 

He shall not despise himself by reason of former failures. Until death, he should seek fortune, and he should never think her unattainable. — (137)

 

Medhātithi’s commentary (manubhāṣya):

‘Failure’ — non-acquisition of wealth, by agriculture and such other means.

‘He shall not despise himself,’ — regarding himself as ‘unfortunate,’ as a ‘sinner, ‘I have not obtained wealth at this time, at what time shall I obtain it?’ — He shall not ponder, in this fashion, over his failure.

‘Until death, he should seek fortune;’ — i.e., to his very last breath, he should not renounce the desire for acquiring wealth.

‘He should not reyard her as unattainable.’ — Having formed the determination, ‘My attempt shall surely succeed,’ he shall not mind the evil aspects of planets or other disheartening circumstances, and shall proceed to take steps to earn wealth. In this connection, there is a saying — ‘It is only persons devoid of manly courage that seek to examine the aspect of planets; there is nothing unattainable for such persons as are endowed with courage and energy.’

What is meant by this is as follows: — He who broods in the following manner — ‘I am in a sorry plight, I can obtain wealth, with difficulty, I am not entitled to the setting up of Fire and other rites, and therefore I am freed from the necessity of undergoing the trouble of performing the Agnihotra and other rites’ — does not think rightly; consequently, one shall always try to acquire wealth. — (137)

 

Explanatory notes by Ganganath Jha:

Cf. 9. 300.

The first half of this verse is quoted in Aparārka (p. 194).

 

Comparative notes by various authors:

Viṣṇu (71.26). — ‘He shall not despise himself, if he desires to live a long life.’

Yājñavalkya (1.153). — ‘Until death should he seek fortune, and he shall not touch any one in his vitals.’

 

 

VERSE 4.138

Section XIV - Other Duties

 

सत्यं ब्रूयात् प्रियं ब्रूयान्न ब्रूयात् सत्यमप्रियम् ।
प्रियं च नानृतं ब्रूयादेष धर्मः सनातनः ॥१३८॥

satyaṃ brūyāt priyaṃ brūyānna brūyāt satyamapriyam |
priyaṃ ca nānṛtaṃ brūyādeṣa dharmaḥ sanātanaḥ ||138||

 

He shall say what is true; and he shall say what is agreeable; he shall not say what is true, but disagreeale; nor shall he say what is agreeable, but untrue; this is the eternal law. — (138)

 

Medhātithi’s commentary (manubhāṣya):

In regard to what a man may be called upon to speak, he is restricted to telling the truth. The ‘true’ is that which is in strict accordance with what is seen and heard.

‘He shall say what is agreeable.’ — This is a second injunction. It is only right to describe the nobility and other good qualities of a person, even without any purpose. Then again, it would be right to speak to a person of the birth of his son — ‘O Brāhmaṇa, a son has been born to you’ — if it were true; even though the speeker may not have any motive of his own in conveying the information; if it is not known to him already.

What is ‘true’ may be ‘agreeable’ as well as ‘disagreeable.’ An example of the ‘agreeable truth’ has been already shown, in the form of the assertion, ‘O Brāhmaṇa, a son has been born to you.’ An example of the ‘disagreeable truth’ we have in the form of the assertion, ‘Your maiden daughter is with child’. If this he untrue, it should not be spoken of, of course; but even if it be true, the fact of a virgin being with child is something that should not be spoken of. In such cases, if the man can help it, he should remain silent.

People might be led to think that, even when the girl is pregnant, it would be right to say, ‘she is not pregnant,’ as such an assertion would he ‘agreeable;’ — with a view to this, the Author has added — ‘He shall not say what is agreeable, but untrue;’ so that for the man who is the first to notice the signs of pregnancy in the girl, it would not do to remain silent.

‘This is the eternal law’ — The Veda is eternal, hence the law laid down in the Veda is also eternal. — (138)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 163) to the effect that only such truth should be told as is agreeable; it quotes the words of Vyāsa to the effect that ‘only such truth should be told as is beneficial to living beings.’

It is quoted also in Parāśaramādhava (Ācāra, p. 523); — and in Smṛticandrikā (Saṃskāra, p. 14).

 

Comparative notes by various authors:

Gautama (9.68). — ‘Devoted to truth and gentlemanly in his behaviour.’

Viṣṇu (71.73-4). — ‘Not what is untrue; — nor what is disagreeable.’

Yājñavalkya (1.132). — ‘He shall never expose himself to danger; he shall not, without reason, say what is disagreeable, nor what is not beneficial or untrue; he shall not be a thief, nor an usurer.’

Devala (Aparārka, p. 174). — ‘Harsh words, calumny, hack-biting, lying, useless talk, cruel words are the six defects of speech; also speaking before a person of the defects of his country, family, caste, learning, arts, appearance, conduct, character, dress, body, livelihood; words productive of anger and fear, etc., etc.’

Dukṣa (Do., p. 175). — ‘Lying, adultery, eating of forbidden food, etc., etc.’

Yama (Do., p. 176). — ‘One should not either say or listen to wicked words, specially in regard to Brāhmaṇas.’

 

 

VERSE 4.139

Section XIV - Other Duties

 

भद्रं भद्रमिति ब्रूयाद् भद्रमित्येव वा वदेत् ।
शुष्कवैरं विवादं च न कुर्यात् केन चित् सह ॥१३९॥

bhadraṃ bhadramiti brūyād bhadramityeva vā vadet |
śuṣkavairaṃ vivādaṃ ca na kuryāt kena cit saha ||139||

 

What is (not) well, he shall call “well”; or, he shall simply say “well;” he shall not create needless enmity or dispute with any one. — (139)

 

Medhātithi’s commentary (manubhāṣya):

The first ‘bhadra’ (well) they have explained as with the negative particle understood; the sense being — ‘what is not well, he shall call well.’

The particle ‘iti’ (after ‘bhadran’) is meant to be indicative; the meaning being that “one shall make use of such agreeable words as ‘Kalyāṇam’ (welfare), ‘maṅyalam’ (auspicious), ‘siddhan’ (accomplished), ‘śreyaḥ’ (good), and so forth.

If we regard the first term ‘bhadran’ also as indicative of like words, the meaning would be — ‘If a man is blind, he should be spoken of as with eyes; if he is illiterate, he should be spoken as learned’ and so forth.

Or, in all these cases, ‘he shall simply say “well.”’

‘Needless enmity.’ — When there is no monetary or other interest involved, he shall not make use of words in a mere bravado.

Similarly, he shall not create dispute in the king’s court. The epithet ‘needless’ applies to this also.

‘With any one’ — i.e., even with a weaker party. — (139)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 117); — and in Vīramitrodaya (Saṃskāra, p. 573); — neither of this provides any explanations.

 

Comparative notes by various authors:

Gautama (9.21). — ‘What is not well, he shall call well.’

Āpastamba Dharmasūtra (1.11.31.12). — ‘What is not well he shall call well; he shall call it sacred, excellent.’

Viṣṇu (71.72-74). — ‘He shall not say what is indecent; nor what is untrue; nor what is disagreeable.’

Yājñavalkya (1.132). — (See above.)

Gobhila (3.5.19-20). — ‘He shall avoid such words as well, when it is not needed. He shall say well.’

 

 

VERSE 4.140

Section XIV - Other Duties

 

नातिकल्यं नातिसायं नातिमध्यन्दिने स्थिते ।
नाज्ञातेन समं गच्छेन्नैको न वृषलैः सह ॥१४०॥

nātikalyaṃ nātisāyaṃ nātimadhyandine sthite |
nājñātena samaṃ gacchennaiko na vṛṣalaiḥ saha ||140||

 

He shall not go about either too early in the morning or too late in the evening, or just at midday; nor with an unknown person, nor alone, nor with Śūdras. — (140)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘atikalya’ denotes day-break. ‘One shall not go about at dawn.’

‘Too late in the evening’ — at the time of the evening twilight.

‘He shall not go about with an unknown person, or without a companion, or with śūdras.’ — (140)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 173); — in Parāśaramādhava (Ācāra, p. 523); — and in Madanapārijāta, (p. 126).

 

Comparative notes by various authors:

Baudhāyana (1.3.41-43). — ‘He shall not go on a journey, alone; nor with outcasts, nor with a woman, nor with a Śūdra; he shall not go out late in the evening.’

Vaśiṣṭha (12.42). — ‘He shall not go out on a journey when the sun has risen to the height of trees.’

Yājñavalkya (1.132). — (See under 138.)

Viṣṇu (63, 1, 4, 6-9). — ‘One shall not go on a journey, alone; nor with Śūdras; nor too early in the morning; nor too late in the evening; nor at the two twilights; nor at midday.’

Gobhila (3.5.32-34). — ‘He shall not go out to another village in the evening; nor alone; nor with Śūdras.’

Mahābhārata (Anuśāsana, 161.25). — [Reproduces Manu; but reading ‘nājñātaiḥ saha gaccheta’ for ‘nājñātena samam gacchet.’]

Viṣṇupurāṇa (Aparārka, p. 174). — ‘One shall not ride on a defective or wicked conveyance; nor shall he go under the shadow cast by a river-bank; one shall not go alone into a desolate forest; nor shall he enter an empty house.’

 

 

VERSE 4.141

Section XIV - Other Duties

 

हीनाङ्गानतिरिक्ताङ्गान् विद्याहीनान् वयोऽधिकान् ।
रूपद्रविणहीनांश्च जातिहीनांश्च नाक्षिपेत् ॥१४१॥

hīnāṅgānatiriktāṅgān vidyāhīnān vayo'dhikān |
rūpadraviṇahīnāṃśca jātihīnāṃśca nākṣipet ||141||

 

He shall not insult those who have redundant limbs, or those who are deficient in limbs, or those destitute of learning, or those who are far advanced in age, or those destitute of beauty or wealth, or those of low birth. — (141)

 

Medhātithi’s commentary (manubhāṣya):

‘Those who are deficient in limbs;’ — e.g., the one-eyed person, the leper, the dwarf, and so forth.

‘Those who have redundant limbs;’ — that is persons suffering from elephantiasis and such diseases.

‘Destitute of learning’ — Illiterate.

‘Far advanced in age’ — i.e., very old persons.

‘Destitute of beauty;’ — i.e., persons with a flat nose or with a squint eye, and so forth.

‘Destitute of wealth’ — poor; devoid of wealth, riches.

‘Of low birth’ — persons whose birth is defective; e.g., the ‘kuṇḍa’ (one born of his mother’s paramour during his father’s life-time), the ‘golaka’ (one so born, after his father’s death), and so forth.

‘These he shall not insult.’ — ‘Insulting’ means despising; the mere act of calling these persons by these names would be an ‘insult.’ — (141)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 194); — and in Parāśaramādhava (Ācāra, p. 523).

 

Comparative notes by various authors:

Viṣṇu (71.2). — ‘He shall not laugh at persons who have redundant limbs, or who are deficient in limbs, or who are illiterate, or who are devoid of wealth.’

Mahābhārata (Anuśāsana, p. 161.36). — [Reproduces Manu but reading ‘satya’ for ‘jāti.’]

Yājñavalkya (1.153). — ‘One should not touch the sensitive part of any person.’

Devala (Aparārka, p. 174). — ‘One should avoid such ironical words as calling the blind one with excellent eyes, the Caṇḍāla a Brāhmaṇa; nor should one call the Śūdra a Śūdra or the outcast an outcast; such words, though truthful are twice as bad as untruthful words.’

 

 

VERSE 4.142

Section XIV - Other Duties

 

न स्पृशेत् पाणिनोच्छिष्टो विप्रो गोब्राह्मणानलाण् ।
न चापि पश्येदशुचिः सुस्थो ज्योतिर्गणान् दिवा ॥१४२॥

na spṛśet pāṇinocchiṣṭo vipro gobrāhmaṇānalāṇ |
na cāpi paśyedaśuciḥ sustho jyotirgaṇān divā ||142||

 

A Brāhmaṇa, while unclean, shall hot touch, with his hand, a cow, a Brāhmaṇa or fire. Nor shall he, being in good health, look at the luminaries in the sky, while he is impure. — (142)

 

Medhātithi’s commentary (manubhāṣya):

‘Unclean;’ — i.e., not washed after having eaten; or, after having evacuated the bladder or the bowels. The term ‘ucchiṣṭa’ here stands simply for ‘impure;’ and it is in this sense that the ‘ucchiṣṭa’ person is forbidden to touch the cow, etc. The expiatory rite in connection with this forbidden touching is going to be prescribed in the next verse, where the term ‘ashuchi,’ ‘impure,’ is used.

No significance attaches to the term ‘hand’, as touching with any other part of the body also is not desirable. The prohibition, however, does not apply to the case where one interposes a piece of cloth.

‘He shall not look at the luminaries in the sky.’ — ‘Being in good health’ — i.e., under normal conditions. — The addition of the pharse (phrase?), ‘in the sky,’ indicates that the prohibition does not apply to looking at the ‘luminary on the earth’ — i.e., the fire. — (142)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 71b).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.15.18). — ‘He shall not touch fire, except with due care.’

Yājñavalkya (1.155). — ‘He shall not touch with the foot, or while he is impure, a cow, a Brāhmaṇa, fire or food.’

 

 

VERSE 4.143

Section XIV - Other Duties

 

स्पृष्ट्वैतानशुचिर्नित्यमद्भिः प्राणानुपस्पृशेत् ।
गात्राणि चैव सर्वाणि नाभिं पाणितलेन तु ॥१४३॥

spṛṣṭvaitānaśucirnityamadbhiḥ prāṇānupaspṛśet |
gātrāṇi caiva sarvāṇi nābhiṃ pāṇitalena tu ||143||

 

Having touched these, while impure, he shall always wipe with water, with his palm, his sense-organs, as also his limbs and the navel. — (143)

 

Medhātithi’s commentary (manubhāṣya):

Though the text uses the general term ‘sense-organs,’ yet what are meant are the eyes and the other organs located in the head. The term ‘prāṇa’ is found to be used in the sense of sense-organs in the Veda, where, in the Upaniṣads, the origin of sense-organs has been described.

‘Limbs’ — ankles, knees, feet, and so forth.

‘With the palm’ he shall take up water and then touch the organs &c. — (143)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p, 231), which explains that the term prāṇa here indicates the holes in the head, which form the loci of the ‘breaths’, — the term ‘gātra’ indicates the chest, the head and the shoulders, the touching whereof has been described as purificatory; — and adds that the ‘touching’ here laid down is for the purposes of purification.

It is also quoted in Mitākṣarā (on 1.155) as laying down the purificatory act to be done after water-sipping; — and in Nityācāropaddhati (p. 36), as laying down the expiation for looking by chance at the things mentioned.

 

Comparative notes by various authors:

Āpastamba-Dharmasūtra (1.16.14). — ‘On dreaming, or sneezing, or touching a horse, or blood or hairs, or fire or cows or Brāhmaṇas or a woman; or on going over a long journey, or on touching an unclean thing, or a man unawares, or on wearing the loin-cloth, — he shall touch water.’

 

 

VERSE 4.144

Section XIV - Other Duties

 

अनातुरः स्वानि खानि न स्पृशेदनिमित्ततः ।
रोमाणि च रहस्यानि सर्वाण्येव विवर्जयेत् ॥१४४॥

anāturaḥ svāni khāni na spṛśedanimittataḥ |
romāṇi ca rahasyāni sarvāṇyeva vivarjayet ||144||

 

Unless he be in trouble, he shall not, without cause, touch his cavities. He shall also avoid all secret hairs. — (144)

 

Medhātithi’s commentary (manubhāṣya):

‘Without cause’ — i.e., except when called upon to scratch them.

‘His cavities’ — the eye, &c., — he shall not touch.

‘Secret’ — situated in the arm-pits and over the generative organs.

‘He shall avoid’ — i.e., the touching mentioned before. A new verb has been used for the purpose of filling up the metre. Others say that the new verb shows that what is prohibited is the looking at the hairs. — (144)

 

Comparative notes by various authors:

Viṣṇu (71.79). — ‘He should not touch his cavities, without cause.’

 

 

VERSE 4.145

Section XIV - Other Duties

 

मङ्गलाचारयुक्तः स्यात् प्रयतात्मा जितेन्द्रियः ।
जपेच्च जुहुयाच्चैव नित्यमग्निमतन्द्रितः ॥१४५॥

maṅgalācārayuktaḥ syāt prayatātmā jitendriyaḥ |
japecca juhuyāccaiva nityamagnimatandritaḥ ||145||

 

He shall be intent upon auspicious customs, with his mind under control and the senses subjugated; and he shall, untired, daily recite prayers and offer oblations into the fire. — (145)

 

Medhātithi’s commentary (manubhāṣya):

‘Auspiciousness’ consists in the accomplishment of such desirable things as long life, wealth, and so forth; — the ‘custom’ is conducive to this — such as the wearing of the gorocanā -mark on the forehead, the touching of good fruit, and s o forth; — on such custom he shall be ‘intent’; i.e., he shall always follow such customs.

“The authority of customs has already been asserted before.”

True. But what is asserted here is custom pertaining to non-physical ends. If those acts were done with a view to visible results, then it would so happen that the acts would sometimes fail to bring about the desired result, and this would lead the man to neglect them. It is for this purpose that the thing is reiterated here. Just as in connection with the time of starting on a journey, we shall have the reiteration of such acts as the saluting of cows and other similar things, looking at white garments, the singing of kapiñjala- birds to the right, the crowing of the crow to the right on a fruit-laden tree. All these acts shall be done for the sake of one’s welfare; and acts contrary to these shall be avoided.

‘With senses subjugated’ — without hankering for the objects of sense. Though this has been often repeated, us being something desirable for man, yet it is mentioned here with a view to save the man from falling into sin.

Since oblation may be offered elsewhere also, the text has specially mentioned the ‘fire.’

‘Untired.’ — This only reiterates what has been said before. — (145)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 229).

 

Comparative notes by various authors:

Vyāsa (quoted by Gautama). — ‘One shall do what is commended, and avoid what is not commended; this is what has been declared by sages to he the auspicious custom.’

Gautama (10, 71). — ‘The accomplished student, who, desirous of saving from evil his parents and relations, senior as well as junior, behaves in this manner, never falls off from the eternal Brahman.’

Atri-Saṃhitā (16-19). — ‘This Dharma has been expounded by men for the religious students, when by having acquired honour in this world, they reach the highest conditions. Those who, deviating from their own Dharma, betake themselves to that of others, them the king shall punish, and thereby rejoice in heaven. he who is linn in his own Dharma, even if he he a Śūdra, obtains heaven; the Dharma of others should be always shunned, like the beautiful wife of another man.’

Āpastamba Dharmasūtra (2.2.27). — ‘For all castes, there is high and immeasurable happiness in the performance of their own Dharma. On re-birth, by virtue of the residue of his Karma, he acquires his caste, body, complexion, strength, memory, intelligence, riches and meritorious behaviour.’

Baudhāyana (2.2.1). — ‘The Brāhmaṇa who bathes daily, constantly wears the sacred thread, reads the Veda daily, avoids the Śūdra’s food, approaches his wife only during the period and offers oblations according to law, never falls off from the Brāhmic region.’

Yājñavalkya (3.205). — ‘Even the Householder becomes liberated, if he has acquired property rightfully, has been devoted to truth and fond of guests, has performed Śrāddhas and has always spoken the truth.’

Do. (3. 220). — ‘By omitting what has been enjoined, by doing what has been forbidden, and by omitting to control the sense-organs, the man falls.’

 

 

VERSE 4.146

Section XIV - Other Duties

 

मङ्गलाचारयुक्तानां नित्यं च प्रयतात्मनाम् ।
जपतां जुह्वतां चैव विनिपातो न विद्यते ॥१४६॥

maṅgalācārayuktānāṃ nityaṃ ca prayatātmanām |
japatāṃ juhvatāṃ caiva vinipāto na vidyate ||146||

 

For those who are ever intent upon auspicious customs, who have their mind under control, and who go on reciting prayers and offering oblations, — there is no calamity. — (146)

 

Medhātithi’s commentary (manubhāṣya):

‘Calamity’ — supernatural troubles arising from natural portents, — such as sickness, loss of wealth, separation from loved ones, and so forth. All this is precluded from people who observe the auspicious customs.

This indicates the obligatory character of the acts, even though they are done with a view to a definite end. No one ever actually seeks for the cessation of supernatural troubles; hence, the term ‘ever’ is purely reiterative; the meaning being that, even though there may be some persons who may not seek it, yet the rule is entirely obligatory. So that, by doing the act, the man fulfils two ends — he fulfils an obligatory duty and also avoids calamity. — (146)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nityācārapradīpa (p. 492).

 

Comparative notes by various authors:

Vaśiṣṭha (26.15) — [Same as Manu, reading ‘svādhyāyādhyāyinam’ for ‘maṅgalācārayuktānām.’]

 

 

VERSE 4.147

Section XIV - Other Duties

 

वेदमेवाभ्यसेन्नित्यं यथाकालमतन्द्रितः ।
तं ह्यस्याहुः परं धर्ममुपधर्मोऽन्य उच्यते ॥१४७॥

vedamevābhyasennityaṃ yathākālamatandritaḥ |
taṃ hyasyāhuḥ paraṃ dharmamupadharmo'nya ucyate ||147||

 

He shall diligently recite the Veda, whenever he finds time. They declare this to be his primary duty; everything else is declared to be his secondary duty. — (147)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that he should recite and offer oblations; and now he states the means of doing the reciting. — ‘He shall recite the Veda’ The rest of the verse is purely commendatory.

‘Whenever he finds time’ — the Avyayībhāva compound ‘yathākālam’ signifying repetition. The meaning is that ‘whenever the man happens to be free from, all. worldly activity, he should recite the Veda.’ The other duties — such as the performance of the Agnihotra and the like — have their fixed time; while for recitation, purity is the only condition.

This is the ‘primary duty;’ all else is ‘secondary duty;’ — ‘upadharma’ means ‘nearly as good as duty.’ This compound, therefore, is Tatpuruṣa, and not Avyayībhāva, — according to Pāṇini 2.1.55.

This deprecation of other duties is meant to be a praise of Vedic recitation, and it is not meant to be a prohibition of those. — (147)

 

Explanatory notes by Ganganath Jha:

Cf. 2.237.

This verse is quoted in Aparārka, on p. 69, and again on p. 229; — and in Vīramitrodaya (Āhnika, p. 320), which explains ‘upadharmaḥ’ as ‘small dharma; i.e., such penances as the Kṛcchra and the like’.

 

Comparative notes by various authors:

Yājñāvalkya (1.40). — ‘From among all sacrifices, austerities and other meritorious acts, the Veda alone is what secures the highest good for twice-born men.’

Vyāsa (Vīramitrodaya, Saṃskāra, p. 508). — ‘Dharma is not known by any other means, it grew out of the Veda alone; therefore for the purposes of sacrifice, one should have recourse to the Veda only.’

Vaśiṣṭha (Do., p. 511). — ‘Without the Veda one cannot he a Brāhmaṇa.’

Atri (151). — ‘There is no scripture superior to the Veda; there is no elder superior to the mother; there is no friend superior to charity, — either here or in the next world.’

Āpastamba Dharmasūtra (1.14.12). — ‘There is no refuge beyond the Veda.’

 

 

VERSE 4.148

Section XIV - Other Duties

 

वेदाभ्यासेन सततं शौचेन तपसैव च ।
अद्रोहेण च भूतानां जातिं स्मरति पौर्विकीम् ॥१४८॥

vedābhyāsena satataṃ śaucena tapasaiva ca |
adroheṇa ca bhūtānāṃ jātiṃ smarati paurvikīm ||148||

 

By the constant recitation of the Veda, by purification, by austerity, and by doing no harm to living beings, he remembers his previous birth. — (148)

 

Medhātithi’s commentary (manubhāṣya):

‘Adroha’ — doing no harm.

‘Living beings’ — moveable as well as immoveable.

The four acts mentioned bring about their result in the form of the remembrance of previous births; and they are to be performed throughout one’s life.

‘Jāti’ — another birth.

‘Paurvikī’ — foregoing, previous. — (148).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 229), where ‘jātī’ is explained as ‘birth’; — and in Vīramitrodaya (Āhnika, p. 320).

 

 

VERSE 4.149

Section XIV - Other Duties

 

पौर्विकीं संस्मरन् जातिं ब्रह्मैवाभ्यस्यते पुनः ।
ब्रह्माभ्यासेन चाजस्रमनन्तं सुखमश्नुते ॥१४९॥

paurvikīṃ saṃsmaran jātiṃ brahmaivābhyasyate punaḥ |
brahmābhyāsena cājasramanantaṃ sukhamaśnute ||149||

 

Recollecting his former births, the twice-born person continues to study the Veda; and by his continuous study of the Veda, he obtains absolute, endless bliss. — (149)

 

Medhātithi’s commentary (manubhāṣya):

“Every man undertakes an action only when he desires to accomplish thereby something desirable. The recollection of former births, however, cannot be entirely pleasant. Why then is this described as the result following Vedic Study and the other three acts?”

In view of this question, the Author says — ‘Recollecting his former births, he continues to study the Veda,’ i.e., he acquires faith in it; the idea being — ‘Vedic study is such a good thing that it has enabled me to remember my other births.’ Hence, recollecting his other births, he again betakes himself to that study; and from this continuous Vedic study extending over several lives, ‘he obtains’ — acquires — ‘bliss’ — in the form of the ‘attainment of Brahman’: — ‘absolute’ — i.e., without the chance of returning. The term ‘endless’ indicates a particular kind of bliss, — the self-sufficient complete satisfaction of the Soul; and the eternal character of this bliss is what is expressed by the term ‘ajasram,’ ‘absolute;’ the meaning being that ‘such and such a bliss is attained, and it never perishes.’ Though the two terms (‘absolute’ and endless’) are synonymous, yet they are not entirely tautological. Just as, in the case of the expression, ‘vṛttakam vahataḥ purīṣam,’ or ‘vṛttakam udakam purīṣam,’ — where one (the term ‘vṛttakam’) is the conventional and the other (‘purīṣam’) the literal or etymological name of the thing; ‘purīṣam’ denotes, literally, that which fills, so that this latter stands for the soli d, and the former for the liquid, ordure. — (149)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 229); — and in Vīramitrodaya (Āhnika, p. 320), which explains ‘Brahma’ as ‘Veda,’ — and ‘anantam’ as ‘to be enjoyed for a long time.’

 

 

VERSE 4.150

Section XIV - Other Duties

 

सावित्रान् शान्तिहोमांश्च कुर्यात् पर्वसु नित्यशः ।
पितॄंश्चैवाष्टकास्वर्चेन्नित्यमन्वष्टकासु च ॥१५०॥

sāvitrān śāntihomāṃśca kuryāt parvasu nityaśaḥ |
pitṝṃścaivāṣṭakāsvarcennityamanvaṣṭakāsu ca ||150||

 

On special days, he shall always offer the oblations to Savitṛ, and also the Pacificatory Oblations; on the “Aṣtakas” and on the “Anvaṣṭakas” he shall always worship the Pitṛs.’ — (150)

 

Medhātithi’s commentary (manubhāṣya):

The exact forms of the afore-mentioned oblations are now described.

‘Oblations to Savitṛ.’ — Those that are offered to Savitṛ as the deity.

‘Special days;’ — i.e., on the Moonless and the Full Moon Days — the said oblations are to be offered.

‘Pacificatory oblations — the oblations that are offered for the purpose of averting evil.

At all these oblations, Clarified Butter is to be the substance offered; for, in regard to all oblations, it has been declared that, where no substance is specified, Clarified Butter is to be used, by such passages as — ‘what is called Clarified Butter is used at all sacrifices.’

The Locative ending in ‘parvasu’ (‘on special days’) has the force of the Accusative; as the receptacle (which is what is denoted by the Locative) of the oblation is Fire, which is never the object; the objects offered being mentioned as — ‘fried grain,’ ‘butter,’ ‘meat,’ ‘mixed Hour,’ ‘curd,’ ‘milk’ and ‘grains.’

These oblations are mentioned here for the first time, and the exact procedure of these has been described before, as learnt from usage.

‘Aṣṭakā.’ — The three eighth days of the three dark fort nights following after the Full Moon Day of the month of ‘Āgrahāyaṇa;’ according to some, it stands for the four eighth days of the four dark fortnights during the Hemanta and Śiśira seasons. — On these days, ‘he shall worship the pitṛs’ — ‘by means of śraḍdha; the J;erm ‘pitṛ,’ standing for one’s dead ancestors — ‘Anvaṣṭakā’ is the name of the ninth days following the aforesaid ‘aṣṭakās.’ — (150).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Apar ā rka (p. 229), where it is explained to mean that ‘one should offer on the fifteenth day of every fortnight the Ājya-homas to Savitṛ, which alleviate the evil effects of sins; — and in Hemādri (Kāla, p. 682), which explains ‘Savitrai’ as ‘those dedicated to the deity Savitṛ.’

 

Comparative notes by various authors:

Viṣṇu (71.86). — ‘On the Parva days one shall offer the propitiatory oblations.’

Viṣṇu (76.1-2). — ‘The moonless day, the three Aṣṭakās, the three Anvaṣṭakās, the full moon day of Māgha, the thirteenth day after the full moon day of Bhādra, and also the ripening of the Vrīhi and the Yava; — these are the compulsory occasions for Śrāddha — says Prajāpati. If one does not offer Śrāddha on these occasions, he falls into hell.’

Yājñavalkya (1.217). — ‘The moonless day, the Aṣṭakās, the Vṛddhi, the darker fortnight, the two solstices, materials, excellent Brāhmaṇas, and the Viṣuvat Saṅkrānti.’

Prajāpati (30). — ‘On all the Aṣṭakās, and all the Anvaṣṭakās, one should offer balls of food, which is conducive to endless satisfaction.’

 

 

VERSE 4.151

Section XIV - Other Duties

 

दूरादावसथान् मूत्रं दूरात् पादावसेचनम् ।
उच्छिष्टान्ननिषेकं च दूरादेव समाचरेत् ॥१५१॥

dūrādāvasathān mūtraṃ dūrāt pādāvasecanam |
ucchiṣṭānnaniṣekaṃ ca dūrādeva samācaret ||151||

 

Far from the dwelling-place shall he perform urination, far off he shall perform feet-washing, and far away he shall do the throwing of the leavings of food. — (151)

 

Medhātithi’s commentary (manubhāṣya):

The water with which the feet are washed is called ‘feet-washing;’ this he shall throw far away. Or, the washing of the feet itself may be done far off.

‘Niṣeka’ is throwing. As a matter of fact, the water used in bathing after oiling the body, may also be called ‘niṣeka’ But what is forbidden is the throwing of all kinds of leavings; as it is this that is more generally spoken of as ‘niseka.’ — (151).

 

Explanatory notes by Ganganath Jha:

‘Niṣekam’ — ‘Bath-water’ (Medhātithi); — ‘Seminal discharge’ (Kullūka).

This verse is quoted in Parāśaramādhava (Ācāra, p. 211); — and in Vīramitrodaya (Āhnika, p. 23), which adds the following notes: — ‘Niṣeka’ according to Kalpataru, means ‘the throwing away of used up unclean things’ and ‘Ucchiṣtānna’ means ‘the throwing of the leavings of food’; while Kullūka Bhaṭṭa explains ‘Niṣeka’ as ‘seminal discharge’.

 

Comparative notes by various authors:

Gautama (9.44). — ‘Never near the dwelling house.’

Āpastamba Dharmasūtra (1.37.2). — ‘Far away from the dwelling-house, to the south or to the south-west of it, he shall perform urination and the evacuating of the bowels.’

Yājñavalkya (1.154). — ‘He shall throw the leavings of food, wine and excreta, and also the feet-washings, far away from the dwelling house.’

Viṣṇupurāṇa (3.11.8-9). — ‘Then rising early in the morning, he shall perform the evacuation towards the southwest, beyond the distance measured by the throw of an arrow, far away from the dwelling house.’

Brahmāṇḍapurāṇa (Smṛticandrikā-Āhnika). — ‘Going to the south-west of the house, to a distance marked by the throw of an arrow, he shall perform the evacuations after covering his head; and he shall not touch his head.’

Mahābhārata (Anuśāsana, 161.86). — [Same as Manu, but reading the second line as ‘Ucchiṣṭotsarjanañ caivadūre kāryam hitaiṣiṇā.’]

 

 

VERSE 4.152

Section XIV - Other Duties

 

मैत्रं प्रसाधनं स्नानं दन्तधावनमञ्जनम् ।
पूर्वाह्ण एव कुर्वीत देवतानां च पूजनम् ॥१५२॥

maitraṃ prasādhanaṃ snānaṃ dantadhāvanamañjanam |
pūrvāhṇa eva kurvīta devatānāṃ ca pūjanam ||152||

 

In the forenoon, he shall perform the evacuation of bow els, toilette, bath, cleaning of the teeth, dying of the eyes, and the worship of the gods. — (152)

 

Medhātithi’s commentary (manubhāṣya):

Among Vedic passages describing the limbs of animals, the excretory organ is called ‘Mitra;’ taking the term ‘Mitra’ in the same sense here also, its derivative ‘maitra’ is taken to mean the ‘clearing of the excretory organ’.

‘Toilette’ — dressing of the hair, painting, and so forth. Or, the two terms ‘maitram’ and ‘prasādhanam’ may be construed together, as noun and adjective, which would mean that, even without passing any faeces, one should wash his excretory organ, just as the washing of the mouth after sleep has been prescribed as necessary, in view of the fact that, during sleep, saliva is sure to flow out; similarly, even in

the absence of any direct reason, it is necessary to wash the mouth as also the lower limbs of the body.

Others explain that ‘maitra’ means ‘the act of a maitra, friend the friendly act; and what the text means is that ‘friendly acts should be done before all other, even the most entimately necessary, acts but the precedence to be given is only over the acts that one may do for his own benefit, and not those that have to be done for the sake of cleanliness. In this case, the term ‘forenoon’ would mean only precedence over the other acts, and not the exclusion of the afternoon.

Or again, ‘Mitra’ may stand for the sun; and ‘Maitra’ in that case would mean ‘the worshipping of the Sun.’ — (152)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika), on page 31, where it is noted that all this to be done in the forenoon is meant for persons not otherwise engaged; — that the term ‘Pūrvāhṇa’, ‘forenoon’, really stands for ‘early morning’, since ‘the evacuation of the bowels’, and ‘cleaning of the teeth’ have been laid down as to be done in the early mornings — Hence the term ‘forenoon’ should be taken to stand for such parts of the forenoon as have been specifically prescribed for each of the acts; thus it follows that the ‘evacuation of the bowels’, ‘cleaning of the teeth’ and ‘morning-bath’ cannot be done-after sun-rise in regard to the ‘worshipping of gods’, the term ‘forenoon’ should be understood as standing for the first eighth part of the day. — The verse is quoted again on page 148; — and in Nityācārapradīpa (p. 290).

 

Comparative notes by various authors:

Dakṣa (2.4-6). — ‘What is to be done during the first part of the day is now prescribed, — as also that to be done during the second, third, fourth, fifth, sixth, seventh and eighth parts of the day, generally: at dawn, one shall perform the evacuations, and then bath, preceded by the cleansing of the teeth.’

Dakṣa (30.31.33). — ‘After that he shall perform his duty towards the gods, and then the seeing of the teacher and the auspicious things; the forenoon is the time prescribed for the duty to the gods; the duties to the gods should be performed during the forenoon; and those to the men, during midday; those to the pitṛs, in the afternoon...... If what has been laid down as to be done in the forenoon is done in the evening, it becomes absolutely futile.’

Kālaviveka (p. 367). — ‘Duties to the gods should be performed during the forenoon, those to the Pitṛs, in the afternoon; but the unitary Śrāddha should be performed at midday, and the auspicious Śrāddha in the morning.’

Mahābhārata (Anuśāsana, 61.2). — ‘Fully equipped with auspicious rites, duly purified and with due care, he shall perform the duty towards gods in the forenoon, and that towards Pitṛs in the afternoon.’

Do. (Do., 161.25). — (Same as Manu.)

 

 

VERSE 4.153-155

Section XIV - Other Duties

 

दैवतान्यभिगच्छेत् तु धार्मिकांश्च द्विजोत्तमान् ।
ईश्वरं चैव रक्षार्थं गुरूनेव च पर्वसु ॥१५३॥

अभिवादयेद् वृद्धांश्च दद्याच्चैवासनं स्वकम् ।
कृताञ्जलिरुपासीत गच्छतः पृष्ठतोऽन्वियात् ॥१५४॥

श्रुतिस्मृत्योदितं सम्यङ्निबद्धं स्वेषु कर्मसु ।
धर्ममूलं निषेवेत सदाचारमतन्द्रितः ॥१५५॥

daivatānyabhigacchet tu dhārmikāṃśca dvijottamān |
īśvaraṃ caiva rakṣārthaṃ gurūneva ca parvasu ||153||

abhivādayed vṛddhāṃśca dadyāccaivāsanaṃ svakam |
kṛtāñjalirupāsīta gacchataḥ pṛṣṭhato'nviyāt ||154||

śrutismṛtyoditaṃ samyaṅnibaddhaṃ sveṣu karmasu |
dharmamūlaṃ niṣeveta sadācāramatandritaḥ ||155||

 

On the Parvas he should go to the gods, and to the righteous Brāhmaṇas, to the King for protection, and also to the superiors. — (153)

He shall salute the elders and give up his own seat to them; he shall wait upon them with joined hands; and when they depart, he shall follow behind them. — (154).

He shall, in his action, diligently attend to right conduct which is the root of Righteousness ordained in the Śruti and Smṛti. — (155)

 

Medhātithi’s commentary (manubhāṣya):

[Medhātithi bus nothing to say on these verses, 153-155.]

 

Explanatory notes by Ganganath Jha:

(verse 153)

This verse has not been commented upon by Medhātithi.

It is quoted in Aparārka (p. 127); — and in Vīramitrodaya (Āhnika, p. 149), which explains ‘abhigacchet’ as ‘should approach, with a view to worshipping’; and adds that the emphasising ‘eva’ should be construed alter ‘abhigacchet’.

(verse 154)

This verse is quoted in Vīramitrodaya (Āhnika, p. 149)

(verse 155)

This verse is quoted in Madanapārijāta (p. 12), which adds that ‘ācāra’ here spoken of is to be learnt from the people of the ‘Madhyadeśa’ and other countries mentioned in Discourse I.

 

Comparative notes by various authors:

(verse 153)

Gautama (9.63-64). — ‘For his welfare and protection he shall go over to the king, — not to any one else, except the gods, elders and righteous persons.’

Āpastamba (1.6.7). — ‘Appearing before him, and receiving him as befits his age, he shall offer him a seat.’

Yājñavalkya (1.100). — ‘For the sake of his welfare and protection he shall approach the king.’

(verse 154)

Āpastamba (1.6.7). — (See above.)

yājñavalkya (1.2.26). — ‘Then he shall salute the elder, saying “Here I am.”.’

Mahābhārata (Anuśāsana, 161.70). — [The same as Manu, reading ‘abhivādayīta.’ for ‘abhivādayet,’ ‘svayani’ for ‘svakam’ and ‘gacchantam’ for ‘gacchataḥ.’]

(verse 155)

Viṣṇu (71.90). — ‘Intent on righteousness and with senses under control, he shall have recourse to that conduct which has been ordained in the Śruti and the Smṛti and which is followed by the good.’

Yājñavalkya (1.154). — ‘He shall always have recourse to that conduct which has been ordained in the Śruti and the Smṛti.’

 

 

VERSE 4.156

Section XIV - Other Duties

 

आचारात्लभते ह्यायुराचारादीप्सिताः प्रजाः ।
आचाराद् धनमक्षय्यमाचारो हन्त्यलक्षणम् ॥१५६॥

ācārātlabhate hyāyurācārādīpsitāḥ prajāḥ |
ācārād dhanamakṣayyamācāro hantyalakṣaṇam ||156||

 

By Right Conduct he attains longevity; by Right Conduct he obtains desirable children; by Right Conduct he obtains inexhaustible wealth; and Right Conduct destroys everything inauspicious. — (156)

 

Medhātithi’s commentary (manubhāṣya):

It is not meant that the child is made equipped with learning and other good qualities; in fact, such qualities are considered desirable in children. Says an old text — ‘What is to be done with the cow that does not give milk nor bear calf; what is the use of a son being born who is neither learned nor righteous?’

‘Inexhaustible — vast; which cannot become exhausted, even through vices.

‘Everything inauspicious;’ — such marks as a black spot on the shoulder, and the like, which are indications of poverty, misfortune, etc. This also is destroyed by Right Conduct.

Thus all that is unrighteous and evil is destroyed, if a man sticks to Right Conduct. — (156)

 

Explanatory notes by Ganganath Jha:

This verse has not been omitted by Medhātithi, as Buhler has wrongly stated.

This verse is quoted in Aparārka (p. 231); — in Nityācārapradīpa (p. 12); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 17a).

 

Comparative notes by various authors:

Viṣṇu (71.91). — (Same as Manu, but reading ‘gatim’ for ‘prajām.’)

Vaśiṣṭha (8.7). — (Do., but reading ‘phalate dhanam’ for ‘labhate prajām’ and ‘śriyamāpnoti’ for ‘dhanamakṣayyam.’)

Mahābhārata (Anuśāsana, 161.6). — ‘By right conduct the man obtains longevity; by right conduct he acquires prosperity; by right conduct he acquires fame, here as well as after death.’

 

 

VERSE 4.157-158

Section XIV - Other Duties

 

दुराचारो हि पुरुषो लोके भवति निन्दितः ।
दुःखभागी च सततं व्याधितोऽल्पायुरेव च ॥१५७॥

सर्वलक्षणहीनोऽपि यः सदाचारवान्नरः ।
श्रद्दधानोऽनसूयश्च शतं वर्षाणि जीवति ॥१५८॥

durācāro hi puruṣo loke bhavati ninditaḥ |
duḥkhabhāgī ca satataṃ vyādhito'lpāyureva ca ||157||

sarvalakṣaṇahīno'pi yaḥ sadācāravānnaraḥ |
śraddadhāno'nasūyaśca śataṃ varṣāṇi jīvati ||158||

 

The man of evil conduct becomes deprecated among men; he is constantly suffering pain, is sick and short-lived. — (157)

Even though devoid of all auspicious marks, the man who follows Right Conduct, has faith and is free from jealousy, lives for a hundred years — (158)

 

Medhātithi’s commentary (manubhāṣya):

[Medhātithi has nothing to say on these verses].

 

Explanatory notes by Ganganath Jha:

(verse 4.157)

This verse has been quoted in Aparārka (p. 231); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 17b).

(verse 4.158)

This verse has been quoted in Aparārka (p. 231).

 

Comparative notes by various authors:

(verse 4.157)

Vaśiṣṭha (6.6). — (Same as Manu.)

Mahābhārata (Anuśāsana, 161.7). — ‘The man of evil conduct does not attain a long life in the world; all living beings shun him and also despise him.’

(verse 4.158)

Vaśiṣṭha (6.8). — (Same as Manu.)

Viṣṇu (7.92). — (Do.)

Mahābhārata (Anuśāsana, 161.13). — (Do., but reading ‘Samudācāravān’ for ‘Yaḥ sadācāravān.’)

 

 

VERSE 4.159

Section XIV - Other Duties

 

यद् यत् परवशं कर्म तत् तद् यत्नेन वर्जयेत् ।
यद् यदात्मवशं तु स्यात् तत् तत् सेवेत यत्नतः ॥१५९॥

yad yat paravaśaṃ karma tat tad yatnena varjayet |
yad yadātmavaśaṃ tu syāt tat tat seveta yatnataḥ ||159||

 

He shall carefully avoid every such act as is dependent upon others; such acts as are dependent upon himself, every one of these he shall eagerly pursue. — (159)

 

Medhātithi’s commentary (manubhāṣya):

An act, securing a benefit for others by requesting other (wealthy) persons, is what is spoken of as ‘dependent upon others;’ and this has to be avoided; and not such acts as are dependent upon one’s own conduct; such, e.g., as straightforwardness, and the like; because these are entirely under one’s own control; in fact, it is in view of this that the man accepts payment for services rendered.

This text is not meant to forbid all those acts that are done for the Initiated Sacrificer by the Priests in return for payment, and are, in that sense ‘dependent on others.’ This cannot be the sense, because the Smṛti could not set aside what has been ordained by the Śruti (such as the Sacrificial acts are); specially as room for the application of the Smṛti-rule (contained in the present text) is available in the case of the acts mentioned before.

What is dependent upon oneself, — e .g., the helping of others with small amounts of money, and so forth — should always be done.

In the event of one’s inability to perfom (perform?) one’s obligatory duties, and in the event also of one’s not possessing wealth enough for the maintaining of one’s family, one must have recourse to begging; specially when one has no other means available. But when the man himself possesses some little wealth, he shall remain contented, and shall not crave for more, with a view to performing costlier sacrifices, or making richer presents, and so forth. Such is the sense of the verse. — (159)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 224); — and in Madanapārijāta (p. 14).

 

 

VERSE 4.160

Section XIV - Other Duties

 

सर्वं परवशं दुःखं सर्वमात्मवशं सुखम् ।
एतद् विद्यात् समासेन लक्षणं सुखदुःखयोः ॥१६०॥

sarvaṃ paravaśaṃ duḥkhaṃ sarvamātmavaśaṃ sukham |
etad vidyāt samāsena lakṣaṇaṃ sukhaduḥkhayoḥ ||160||

 

All that is dependent on others is painful; all that is dependent on oneself is pleasing; he shall know this to be, in short, the definition of pleasure and pain. — (160)

 

Medhātithi’s commentary (manubhāṣya):

This verse deprecates begging.

‘All that is dependent on others is painful;’ — to say nothing of attending at his gates, following in his wake, and wandering about here and there (all which is involved in the act of begging). It has been said that — ‘the very idea of begging, the heart cannot bear, — it is doubtless the greatest illusion; it is not a creation of the self-born Creator.’

‘In short’ — briefly. Pain is briefly defined as ‘begging,’ and Pleasure as ‘absence of want’ — (‘60)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 14); — and in Aparārka (p. 224).

 

 

VERSE 4.161

Section XIV - Other Duties

 

यत् कर्म कुर्वतोऽस्य स्यात् परितोषोऽन्तरात्मनः ।
तत् प्रयत्नेन कुर्वीत विपरीतं तु वर्जयेत् ॥१६१॥

yat karma kurvato'sya syāt paritoṣo'ntarātmanaḥ |
tat prayatnena kurvīta viparītaṃ tu varjayet ||161||

 

He shall perform, with diligence that act, by performing which there arises satisfaction in his inner soul; and he shall avoid the contrary. — (161)

 

Medhātithi’s commentary (manubhāṣya):

The ‘soul’s satisfaction’, already mentioned before, is mentioned again for recalling it to the mind; and its exact scope has already been explained.

While an act is being performed, if there arises in the mind no sort of doubt or hesitation, then that act should he proceeded with. But, if the mind is not satisfied in regard to an action, that action should be avoided. — (161)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 224), which explains ‘Karma’ as ‘Dharma’; — in Parāśaramādhava (Ācāra, p. 524); — in Madanapārijāta (p. 14), which adds that the ‘act’ here mentioned must be such as is not incompatible with the teachings of scriptures; though even in regard to such acts, there are exceptions; e.g., even though an act may have been enjoined by the scriptures, it should not be done if it is against popular opinion; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 71b).

 

 

VERSE 4.162

Section XIV - Other Duties

 

आचार्यं च प्रवक्तारं पितरं मातरं गुरुम् ।
न हिंस्याद् ब्राह्मणान् गाश्च सर्वांश्चैव तपस्विनः ॥१६२॥

ācāryaṃ ca pravaktāraṃ pitaraṃ mātaraṃ gurum |
na hiṃsyād brāhmaṇān gāśca sarvāṃścaiva tapasvinaḥ ||162||

 

He shall not injure his Preceptor, or Teacher or Father, or mother, or another elder, or Brāhmaṇas, or Cows, or any persons performing austerities. — (162)

 

Medhātithi’s commentary (manubhāṣya):

‘Preceptor’ — who initiated him.

‘Teacher’ — who taught him, and explained to him (the Veda).

‘Elder’ — other than the aforesaid two; i.e., the paternal uncle, the maternal uncle, and so forth.

‘Any persons performinq austerities.’ — The term ‘any’ has been added with a view to include those sinners also who may be engaged in the performance of Expiatory Rites.

In various places, the injuring of all living beings has been forbidden: and some people think that the repetition of the same in the present text is meant to forbid the injuring of even such Preceptors and Teachers, etc., as may be great sinners and dangerous enemies; and that what is stated in 8.350 regarding the propriety of striking ‘the teacher, or the boy, or the old man,’ etc., is only a counter-exception to what is forbidden in the present verse.

Our Teacher, however, says as follows: — The present verse is not a ‘prohibition,’ it is of the nature of ‘preclusion;’ and it is meant to prescribe the determination (not to injure the persons, just like the text — ‘he shall not look at the rising sun,’ etc. Hence, the mere act of injury having already gone before, the present may be taken as forbidding even the idea of injuring the persons mentioned.

Or, the term ‘hiṃsā,’ ‘injury,’ may be taken to mean ‘the saying of disagreeable words;’ in view of such expressions as ‘he struck her with words.’

Or, the root ‘hanti’ (in ‘hiṃsa’) may he taken as used in the sense of acting against. — (162).

 

Explanatory notes by Ganganath Jha:

‘Hiṃsyāt’ — ‘Strike, or talk in an offensive manner, or act against’ (Medhātithi); — ‘act against’ (Kullūka); — ‘injure’ (Govindarāja).

‘Tapasvinaḥ’ — ‘All persons engaged in austerities, including those engaged in expiatory penances’ (Medhātithi and Govindarāja); — ‘ascetics’ (Nandana and Rāghavānanda).

This verse is quoted in Aparārka (p. 223); — in Mitākṣarā (on 2.21), in the sense that no injury should be inflicted upon the persons mentioned, even though they attack one with murderous intent; — in Vyāvahāra-Bālambhaṭṭī (p. 118); — and in Vīramitrodaya (Vyāvahāra, p. 7a), which explains the meaning to be that the persons mentioned should not be killed, even if they turn out to be ‘ātatāyin’, ‘dangerous criminal’.

 

Comparative notes by various authors:

Āpastamba (1.1.15). — ‘He shall never hear ill-will towards him (the Teacher).’

Gautama (2.15). — ‘There should never be any misbehaviour towards parents.’

Mahābhārata (Śānti, 132.9). — ‘He shall never injure the Brāhmaṇas.’

Viṣṇu (30.43.47). — ‘He shall never hear ill-will towards the person from whom he acquires any knowledge, temporal or scriptural or spiritual...... one who fills the ears with truth...... him one shall regard as Father and as Mother, and shall never bear ill-will towards him.’

 

 

VERSE 4.163

Section XIV - Other Duties

 

नास्तिक्यं वेदनिन्दां च देवतानां च कुत्सनम् ।
द्वेषं दम्भं च मानं च क्रोधं तैक्ष्ह्ण्यं च वर्जयेत् ॥१६३॥

nāstikyaṃ vedanindāṃ ca devatānāṃ ca kutsanam |
dveṣaṃ dambhaṃ ca mānaṃ ca krodhaṃ taikṣhṇyaṃ ca varjayet ||163||

 

He shall, avoid atheism, cavilling at the Vedas, abusing of the gods, hatred, haughtiness, pride, anger and hastiness. — (103)

 

Medhātithi’s commentary (manubhāṣya):

‘Atheism’ consists in thinking, as untrue, of things that are spoken of in the Veda.

‘Cavilling’ is giving verbal expression to such ideas as — ‘the Veda is full of needless repetitions and self-contradictions,’ ‘there is nothing true in it,’ — with an evil intent, and not merely by way of propounding a discussion on these points.

‘Gods’ — i.e., Agni and the rest; the ‘abusing’ of these stands for ‘talking ill of them.’ E.g. people are found to make such assertions as — ‘we have been struck by the wretched gods.’

‘Hatred’ — ill-feeling aroused by jealousy, etc.

‘Haughtiness’ — want of humility, due to pride.

‘Pride’ — Vanity regarding oneself: ‘I am very learned,’ ‘I am very rich,’ and so forth.

‘Anger’ — wrath.

‘Harshness’ — cruelty; i.e., anger preceded by hatred, (163)

 

Explanatory notes by Ganganath Jha:

‘Stambham’ — ‘Want of modesty’ (Medhātithi, Govindarāja and Nārāyaṇa); — ‘want of energy in the performance of duties’ (Kullūka).

 

Comparative notes by various authors:

Āpastamba Dharmasūtra (1.31.5). — ‘He shall avoid harshness towards the gods and the king.’

Do. (1.31.23). — ‘He shall avoid anger and other bad feelings painful to living beings.’

Vaśiṣṭha (12.38). — ‘Disbelief in the Vedas, reviling of the works of sages, absence of restraint in all things, — all this is destructive of the soul.’

Viṣṇu (71.83). — ‘He shall avoid the reviling of the gods, Brāhmaṇas, scriptures and great men.’

Mahābhārata (Anuśāsana, 161.37). — (Same as Manu, but reading ‘paranindāñca’ for ‘devatānāñca.’)

 

 

VERSE 4.164

Section XIV - Other Duties

 

परस्य दण्डं नोद्यच्छेत् क्रुद्धो नैनं निपातयेत् ।
अन्यत्र पुत्रात्शिष्याद् वा शिष्ट्यर्थं ताडयेत् तु तौ ॥१६४॥

parasya daṇḍaṃ nodyacchet kruddho nainaṃ nipātayet |
anyatra putrātśiṣyād vā śiṣṭyarthaṃ tāḍayet tu tau ||164||

 

He shall not, when angry, raise the rod against another person, nor shall he let it fall; except in the case of the son oh the pupil; these two he may beat with a view to correction. — (164)

 

Medhātithi’s commentary (manubhāṣya):

‘Daṇḍa,’ ‘rod,’ is that whereby one is struck, ‘daṇḍyate;’ that is, the hand, the stick, the whip, the rope, the split-bamboo, and so forth. — This ‘rod’ ‘he shall not raise, when angry, against another person;’ i.e., he shall not hold it up; nor shall he let it fall down; i.e., bring it into contact with the other person’s body.

The son and the pupil one may strike with the whip, the split-bamboo, or the slap, — as is going to be mentioned under Discourse VIII, — but not with the stick. Further, these two are to be beaten, not in auger, but only with a view to correction,’ — i.e., for the purpose of correcting them, if through boyishness, they happen to misbehave. And these two are to be punished lightly, as is going to be laid down under 8.299.

The ‘pupil’ is meant to exclude the male and female slaves also; the purpose served (i. e., correction) being the same in both cases — (164).

 

Explanatory notes by Ganganath Jha:

Cf. 8.298-299 and 4.175.

This verse is quoted in Aparārka (p. 231), which adds: — ‘Śiṣya’ here means ‘one who has to be taught — the ‘son’ is mentioned separately with a view to emphasis; — and in support of this it quotes the rule of Viṣṇu, which is in the general form ‘Śāsyam śāset tāḍayet’.

 

Comparative notes by various authors:

Mahābhārata (Anuśāsana, 161.38). — (Same as Manu, but reading ‘Tāḍanam smṛtam’ for ‘tāḍayettu tam’).

Viṣṇu (71.80.82). — ‘He shall not raise the rod against another person; — for disciplinary purposes, he shall beat his pupil, on the back, either with a rope or a bamboo-piece.’

Yājñavalkya (1.155). — ‘He shall beat his son and his pupil.’

 

 

VERSE 4.165

Section XIV - Other Duties

 

ब्राह्मणायावगुर्यैव द्विजातिर्वधकाम्यया ?? ।
शतं वर्षाणि तामिस्रे नरके परिवर्तते ॥१६५॥

brāhmaṇāyāvaguryaiva dvijātirvadhakāmyayā ?? |
śataṃ varṣāṇi tāmisre narake parivartate ||165||

 

The twice-born person who threatens a Brāhmaṇa, with the intention of striking him, wanders about in the tāmisra hell for a hundred years. — (165)

 

Medhātithi’s commentary (manubhāṣya):

The striking of all persons having been equally forbidden, the next five verses are meant to show the greater heinousness of striking the Brāhmaṇa.

‘Threatens’ — by raising the stick — ‘with the intention of striking’ — i.e., beating, — even actually letting the stick fall.

‘For a hundred years he wanders about in hell,’ i.e., continues to suiter the evil effects of that act. — (165).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 223.)

 

Comparative notes by various authors:

Gautama (21.20). — ‘By angrily threatening the Brāhmaṇa, one becomes unfit for heaven for a hundred years.’

 

 

VERSE 4.166

Section XIV - Other Duties

 

ताडयित्वा तृणेनापि संरम्भात्मतिपूर्वकम् ।
एकविंशतीमाजातीः पापयोनिषु जायते ॥१६६॥

tāḍayitvā tṛṇenāpi saṃrambhātmatipūrvakam |
ekaviṃśatīmājātīḥ pāpayoniṣu jāyate ||166||

 

Having, in anger, struck him intentionally, even with a straw, he is born, during twenty-one births, in sinful wombs. — (166)

 

Medhātithi’s commentary (manubhāṣya):

‘In anger’ — i.e., in a fit of wrath; not in joke; and ‘intentionally.’

‘Ājāti’ is janma, birth; the initial ‘ā’ being meaningless; just as in the term, ‘pralambate, the initial ‘pra’ is meaningless.

‘Sinful wombs’ — the wombs of sinful beings, i.e., the lower animals, whose life is full of suffering.

To say nothing of more painful objects, by striking even by a straw, the man suffers the pangs of hell for a long time. — (166).

 

Explanatory notes by Ganganath Jha:

Cf. 11. 206-207.

This verse is quoted in Aparārka (p. 223).

 

Comparative notes by various authors:

Gautama (21.21). — ‘By striking (the Brāhmaṇa, he becomes unfit for heaven), for a thousand years.’

 

 

VERSE 4.167

Section XIV - Other Duties

 

अयुध्यमानस्योत्पाद्य ब्राह्मणस्यासृगङ्गतः ।
दुःखं सुमहदाप्नोति प्रेत्याप्राज्ञतया नरः ॥१६७॥

ayudhyamānasyotpādya brāhmaṇasyāsṛgaṅgataḥ |
duḥkhaṃ sumahadāpnoti pretyāprājñatayā naraḥ ||167||

 

The man, who, through folly, causes blood to flow from the body or a Brāhmaṇa who is not fighting, undergoes, after death, very great suffrring. — (167)

 

Medhātithi’s commentary (manubhāṣya):

‘Asṛk’ is blood; — he who causes this to How from the body of the Brāhmaṇa, by the stroke of the sword or such other weapons, — ‘even the Brāhmaṇa is not fighting — and not when he is actually taking part in lawful battle, like Droṇācārya.

‘Very great, suffering’ — in the form of hell.

‘After death,’ — i.e., in another birth.

‘Through folly,’ — This is a needless reiteration; the wise man, knowing the scriptures, can never do such a thing. — (167).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 223); — and in Mitākṣarā (on 1.155), to the effect that no one should be struck who has given no cause of offence.

 

Comparative notes by various authors:

(verses 4.167-168)

Gautama (21.22). — ‘On fetching blood, for as many years as there may be dust-particles wetted with the blood (he shall be unfit for heaven).’

Baudhāyana (1.1.6.8). — ‘Having struck the Brāhmaṇa unintentionally, one becomes defiled under the law; for this unintentional striking, the sages have prescribed expiations; there is no expiation for intentional striking. On threatening the Brāhmaṇa, one should perform the Kṛcchra; on striking him, the A tikṛcchra; on spilling his blood, the Kṛccra as well as the Cāndrāyaṇa.’

 

 

VERSE 4.168

Section XIV - Other Duties

 

शोणितं यावतः पांसून् सङ्गृह्णाति महीतलात् ।
तावतोऽब्दानमुत्रान्यैः शोणितोत्पादकोऽद्यते ॥१६८॥

śoṇitaṃ yāvataḥ pāṃsūn saṅgṛhṇāti mahītalāt |
tāvato'bdānamutrānyaiḥ śoṇitotpādako'dyate ||168||

 

As many particles of dust the blood takes up from the ground, during so many years is the blood-spiller devoured by others in the other world. — (168)

 

Medhātithi’s commentary (manubhāṣya):

The result mentioned in the preceding verse accrues in the case of light hurt; when, however, the hurt is serious, — ‘as many particles of dust are taken up’ — coagulated — by the blood falling from the Brāhmaṇa’s body, on the ground; — ‘during so many years’ — ‘in the other world’ — The ‘blood-spiller’ — the man who struck — ‘is devoured’ by dogs and jackals. — (168).

 

Explanatory notes by Ganganath Jha:

Cf. 11.208.

This verse is quoted in Aparārka (p. 223).

 

Comparative notes by various authors:

(verses 4.167-168)

See Comparative notes for Verse 4.167.

 

 

VERSE 4.169

Section XIV - Other Duties

 

न कदा चिद् द्विजे तस्माद् विद्वानवगुरेदपि ।
न ताडयेत् तृणेनापि न गात्रात् स्रावयेदसृक् ॥१६९॥

na kadā cid dvije tasmād vidvānavaguredapi |
na tāḍayet tṛṇenāpi na gātrāt srāvayedasṛk ||169||

 

For these reasons, the learned man shall never even threaten a twice-born person; he shall not strike him even with a straw; and he shall not spill blood from his body. — (169).

 

Medhātithi’s commentary (manubhāṣya):

This sums up the prohibition of the aforesaid three acts of raising the stick and letting it fall (and making blood flow).

‘Never ’ — i.e., not even in abnormal times. — (169).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 223).

 

Comparative notes by various authors:

Baudhāyana (1.3.8). — ‘Therefore one shall not threaten the Brāhmaṇa, nor spill his blood.’

 

 

VERSE 4.170

Section XIV - Other Duties

 

अधार्मिको नरो यो हि यस्य चाप्यनृतं धनम् ।
हिंसारतश्च यो नित्यं नैहासौ सुखमेधते ॥१७०॥

adhārmiko naro yo hi yasya cāpyanṛtaṃ dhanam |
hiṃsārataśca yo nityaṃ naihāsau sukhamedhate ||170||

 

The man who is unrighteous, he whose wealth is mis-begotten, and he who is always addicted to injuring, never obtains happiness in this world. — (170)

 

Medhātithi’s commentary (manubhāṣya):

This is supplementry to the prohibition of Injury in general.

‘Unrighteousness’ consists in doing acts forbidden by the scriptures, such as incest, and the like; and the man who does such acts is ‘unrighteous.’

‘He whose wealth is mis-begotten,’ — i.e., he who acquires wealth in the form of bribes offered for telling lies at legal proceedings, etc.

‘He who is addicted to injuring,’ — he who always seeks to injure others, either through enmity, or for fulfilling some other purpose.

Such a man does not obtain happiness in this world. — (170).

 

 

VERSE 4.171

Section XIV - Other Duties

 

न सीदन्नपि धर्मेण मनोऽधर्मे निवेशयेत् ।
अधार्मिकानां पापानामाशु पश्यन् विपर्ययम् ॥१७१॥

na sīdannapi dharmeṇa mano'dharme niveśayet |
adhārmikānāṃ pāpānāmāśu paśyan viparyayam ||171||

 

Perceiving the quick overthrow of unrighteous sinners, he shall not turn his mind towards unrighteousness, even though suffering in consequence of righteonsness. — (171)

 

Medhātithi’s commentary (manubhāṣya):

‘Dharma,’ ‘Right,’ consists in the bounds of propriety laid down in the scriptures; — one who acts according to this, — even though he may ‘suffer’ failure — ‘shall not turn his mind towards unrighteousness.’ Because, even though unrighteous men may be found to have become rich by wealth acquired by bribery, hypocrisy, and the like, — yet very soon their ‘overthrow’ — in the form of destruction of their wealth, etc. — is found to come about. Consequently, one should never deviate from the right.

The Author has, in a friendly spirit, shown us a visible instance. — (171)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Paribhāṣā, p. 68), which adds the following explanation: — ‘Sīdan’, even though one may be in difficulties regarding necessary expenses, — ‘adharmeṇa’, by improper appropriation of what belongs to others, — ‘adharmikāṇām’, of those who do not perform the prescribed duties, — ‘pāpānām,’ of those who do what is forbidden, — ‘viparyayam,’ loss of wealth and other things, — ‘āśu’ lias been added only with a view to emphasise, as calamity is actually found to overtake sinners after the lapse of some time also.

 

 

VERSE 4.172

Section XIV - Other Duties

 

नाधर्मश्चरितो लोके सद्यः फलति गौरिव ।
शनैरावर्त्यमानस्तु कर्तुर्मूलानि कृन्तति ॥१७२॥

nādharmaścarito loke sadyaḥ phalati gauriva |
śanairāvartyamānastu karturmūlāni kṛntati ||172||

 

Unrighteousness, practised in this world, does not, like the Earth (or the Cow) bring its fruit immediately; but, accumulating gradually, it outs off the roots of the perpetrator. — (172)

 

Medhātithi’s commentary (manubhāṣya):

The Author now proceeds to describe the sense of the scriptures.

What is said here is in view of the fact that the acts mentioned in the Vedas as leading to good and evil results, are uncertain in regard to the time of their fruition.

‘Unrighteousness, practised, does not bring its fruit immediately.’

All that is mentioned in the Veda is that the acts prescribed bring good results, and those forbidden bring evil results; the exact time of fruition is not mentioned. Even though the verbal operation of the Vedic texts rests with indicating that a certain act shall be done, yet it ends in indicating the relation between an act and the results accruing therefrom; but it does not say anything regarding the time of the fruition of the acts done, with a view to obtaining certain results; as for the obligatory acts, that they shall be done follows from their very nature; — lastly, in regard to the avoiding of the forbidden act also, the persons entitled to this are not only those who are desirous of avoiding the sufferings of hell, etc., but all those who are desirous of abiding by the scriptures. And what the scriptural prohibition does is to intimate that the doing of the forbidden act results in suffering. A full discussion of this subject will prolong our work to an undue length. Hence we stop here.

‘Gauriva’ — ‘like the Earth (or the Cow).’ — The example cited here is meant to be both (a) ‘similar’ and (b) ‘dissimilar.’ (a) The Earth, on having the seed sown in it, does not immediately bring forth the sheaves of corn; in fact, it requires gradual development; similar is the case with the Vedic act; this is the similarity (between the act and the Earth). (b) Through dissimilarity also — the animal, cow, on being milked, brings its fruit (milk) immediately; not so Virtue and Vice.

Though the text mentions ‘unrighteousness’ only, yet what is meant is to show the uncertainty of time regarding the fruition of ‘righteousness’ also.

‘Accumulating’ — gaining strength in time; — ‘of the actor’ — of the perpetrator of the act — ‘cuts off’ — destroys — ‘the roots.’

The cutting off of the root indicates total annihilation. Just as when the roots are cut off, trees do not grow again; similarly, the practice of unrighteousness also. — (172)

 

Explanatory notes by Ganganath Jha:

‘Gauḥ’ — Buhler is again unfair to Medhātithi. Both Medhātithi and Kullūka take this term ‘gauḥ’ precisely as Buhler says ‘it is not impossible’. (See Translation.) From what Buhler says, Govindarāja, Nārāyaṇa and Nandana take ‘gauḥ’ only as ‘the Cow, which at once yields its benefits by its milk &c.’ This verse is quoted in Vīramitrodaya (Paribhāṣā, p. 68), which says that, if the ‘gauḥ’ is taken as an example per similarity, then it means ‘earth’, — the earth does not produce the harvest immediately after sowing of seeds; if it is taken as ‘cow’, then it is an example per dissimilarity, the meaning being ‘the cow gives its products, in the shape of milk &c. immediately, not so sin, which takes time to fructify.’

 

 

VERSE 4.173

Section XIV - Other Duties

 

यदि नात्मनि पुत्रेषु न चेत् पुत्रेषु नप्तृषु ।
न त्वेव तु कृतोऽधर्मः कर्तुर्भवति निष्फलः ॥१७३॥

yadi nātmani putreṣu na cet putreṣu naptṛṣu |
na tveva tu kṛto'dharmaḥ karturbhavati niṣphalaḥ ||173||

 

If not on himself, then on his sons, — if not on his sons, then on his grandsons (falls the punishment); an unrighteousness, once committed, never fails to bring its consequences to the perpetrator. — (173)

 

Medhātithi’s commentary (manubhāṣya):

“It is not right that the consequences of acts done by one person should be described as falling on others. As a matter of fact, all Vedic acts bring their fruits to the person who performs them. The principle of the Vaiśvānara sacrifice (whereby the fruits of the sacrifice accrue to the son of the performer) cannot be held to be applicable to the present case, as there is no direct assertion to that effect. In connection with the acts dealt with in the present context, there is no assertion to the effect that their consequences accrue to the performer’s son.”

True; but when the son suffers pain, it causes the father still greater pain; so that, in that case also, the resultant suffering would fall upon the perpetrator himsef (himself?). As regards the son also, the said suffering may be said to come to him by virtue of some past misdeed of his son; and there would be nothing incongruous in this.

The same holds good regarding ‘grandsons’ also.

‘Kṛto-dharmaḥ.’ — Whether the component words be read as ‘Kṛtaḥ-dharmaḥ’ or ‘Kṛtaḥ-adharmaḥ,’ the resultant conjunct form would be the same — ‘Kṛto-dharmaḥ;’ hence both dharma (righteousness) and adharma (unrighteousness) are meant to be spoken of (as not failing in bringing up their consequences) — (173).

 

Explanatory notes by Ganganath Jha:

Medhātithi (P. 356, l. 20) — ‘Vaiśvānaranyāyaḥ’ — This refers to Mīmāṃsā-sūtra, 4.38 et. seq, where it is stated that though the Vaiśvānara sacrifice is performed by the Father, yet its results accrue to the Son.

This verse is quoted in Vīramitrodaya (Paribhāṣā, p. 68) — which adds ‘Kṛtodharmaḥ’ should be construed as ‘Kṛtaḥ adharma’, as the context deals with Adharma, — ‘na niṣphalaḥ,’ i.e., unless it is expiated.

 

 

VERSE 4.174

Section XIV - Other Duties

 

अधर्मेणैधते तावत् ततो भद्राणि पश्यति ।
ततः सपत्नान् जयति समूलस्तु विनश्यति ॥१७४॥

adharmeṇaidhate tāvat tato bhadrāṇi paśyati |
tataḥ sapatnān jayati samūlastu vinaśyati ||174||

 

For a time one prospers through unrighteousness, for a while he experiences good things, and for a time he conquers his enemies; but, after all, he perishes root and branch. — (174)

 

Medhātithi’s commentary (manubhāṣya):

‘Through unrighteousness,’ — such as causing injury to his master, and so forth — ‘he prospers’ — gains advancement.

‘For a time,’ — for the time being only.

Then, ‘for a while’ — after having gained riches and lands, — ‘he experiences’ — enjoys — ‘good things;’ — i.e., such signs of prosperity as the presence of many servants, the possession of cattle, horses, and so forth.

Then, ‘he conquers his enemies’ — i.e., ill-treats such persons as are poor. What are meant by ‘enemies’ are those persons who, remaining firm in the path of righteousness, do not have recourse to questionable means of livelihood; and, in comparison to a rich person, the poverty of such men would involve a certain amount of insult.

Having remained thus for some time, such persons become destroyed ‘root and branch,’ ‘i.e., along with their children, relations and riches.

For these reasons, righteousness should not be forsaken. — (1 74).

 

Comparative notes by various authors:

Mahābhārata (Anuśāsana, 92.4). — (Same as Manu, but reading ‘Vardhatyadharmeṇa naraḥ’ for ‘adharmeṇaidhate tāvat.’)

 

 

VERSE 4.175

Section XIV - Other Duties

 

सत्यधर्मार्यवृत्तेषु शौचे चैवारमेत् सदा ।
शिष्यांश्च शिष्याद् धर्मेण वाच्।बाहूदरसंयतः ॥१७५॥

satyadharmāryavṛtteṣu śauce caivāramet sadā |
śiṣyāṃśca śiṣyād dharmeṇa vāc|bāhūdarasaṃyataḥ ||175||

 

He shall always delight in truthfulness, Law and right conduct, as also in ceanliness (cleanliness?); he shall govern his pupils in accordance with law, — with his speech arms, and belly duly controlled. — (175)

 

Medhātithi’s commentary (manubhāṣya):

‘Truthfulness,’ — the habit of saying things just as they are seen.

‘Law,’ — Injunctions and Prohibitions contained in the Veda.

Though Truthfulness also would be involved under ‘law,’ yet it has been mentioned separately, with a view to emphasize its special importance.

The fact of the matter is that ‘untruthfulness’ being the very nature of men, it is forbidden again and again with special emphasis.

‘Right conduct,’ — the conduct of good men. ‘Good men’ are those that are cultured; and the ‘conduct’ or course of action adopted by them.

In all these, ‘he shall delight.’ ‘Delight’ is satisfaction. Hence, what the text enjoins is satisfaction with those just enumerated; the sense being that ‘he should show satisfaction of mind at the sight of all right forms of activity.’

‘Pupils,’ — wife, son, slaves and students; these should be governed ‘in accordance with law;’ the law being what has been laid down in this connection under 8.299, et seq.

‘With his speech, amis and belly duly controlled.’ — Whether there be necessity or not, if one does not speak much, this is what is called ‘control of speech.’ The ‘control of arms’ consists in not causing pain to others by the strength of one’s arms. The ‘control of belly’ consists in non-gluttony, not eating too much; — gluttony consisting in eating much at other people’s houses, with special zest for a particular article of food.

What has been already said before, is repeated over and over again, because wholesome advice is to be given at all times. This is the explanation of all repetitions. — (175)

 

Explanatory notes by Ganganath Jha:

Cf. 4.164; 8.299.

 

Comparative notes by various authors:

Gautama (1, 50.68, 69, 70). — ‘He shall never be fickle with the generative organ, the stomach, the hands, the feet, speech and eyes. He shall be devoted to Truthfulness and Rightful Conduct. He shall be the instructor of well-disciplined pupils; practised in cleanliness, and devoted to the Veda; — ever harmless, mild, firmly active, self-controlled and charitable.’

 

 

VERSE 4.176

Section XIV - Other Duties

 

परित्यजेदर्थकामौ यौ स्यातां धर्मवर्जितौ ।
धर्मं चाप्यसुखोदर्कं लोकसङ्क्रुष्टमेव च ॥१७६॥

parityajedarthakāmau yau syātāṃ dharmavarjitau |
dharmaṃ cāpyasukhodarkaṃ lokasaṅkruṣṭameva ca ||176||

 

He shall, avoid such wealth and pleasures as are opposed to righteousness, as also righteousness if it be conducive to unhappiness, or disapproved by the people. — (176)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that the ‘group of three’ constitutes the ‘ends of man.’ Some people might think that all the three are equally important, and argue as follows and act accordingly Righteous acts, like the Jyotiṣṭoma, &c., are found to be performed at the cost of wealth and pleasure. Such acts lead to loss of wealth by the giving away of the sacrificial fee and other gifts; and they are opposed to pleasure, inasmuch as it has been laid down that the person initiated for sacrifices shall remain continent, and so forth. Exactly in the same manner, it would be right to have recourse to the acquisition of wealth and pleasure at the cost of righteousness, so that the prohibition, ‘One shall not injure any living beings,’ forbids only such injury as one might inflect upon others simply on account of enmity, and not that which brings to the person wealth or pleasure.”

It is with a view to preclude such ideas that the text declares that — ‘He shall avoid such wealth and pleasure’ as involve opposition to righteousness.

Having thus emphasized the superior importance of Righteousness, he proceeds to add that, in some cases, righteous acts also have to be avoided — ‘also righteousness if it be conducive to unhappiness.’ ‘Udarka’ means sequence; that whose sequence is unhappy is ‘asukhodarka.’ For instance, some people give away their entire property, and obtain the fame of being an ‘extremely righteous and charitable person;’ — or, when, even on solitary river-banks, where many ordinary persons see what is being done, people bathe, not so much for acquiring spiritual merit, but for winning the praise of the populace; — or, again, when large gifts are made to the ‘crows of sacred places’ (the Brāhmaṇas, at these places, who hanker after gifts), for the purpose of advertising their, powers of giving. All such acts are deprecated.

Or, again (one should avoid), such acts as are ‘disapproved by the people,’ as being blameworthy; e.g., the killing (at sacrifices) of the bull, which should not be killed; and the act of eating its flesh is more blameworthy than that of eating other kinds of flesh.

This prohibition is with a view to perceptible results, just like the prohibition of touching a snake. Ordinary men, being ignorant, would not know that the killing of the bull is permitted (under special conditions), and would therefore make it known that the sacrificer of the bull is an unrighteous person; and, as a large majority of men are illiterate, even cultured persons, not caring to investigate the source of the popular opinion, would avoid the person (as unrighteous). This is what has been said in the passage — ‘the king being righteous,’ etc., etc..

What we have said above, is in accordance with the explanation provided by older writers. As a matter of fact, however, it can never be right to reject, on the strength of Smṛti, what has been enjoined by the Veda. The right example of the act aimed at by the Text is as follows: The custom of ‘niyoga’ (‘begetting of a child on the widowed sister-in-law’) is sanctioned by Smṛtis; but it is not performed, because it is ‘deprecated by the people;’ or, again, when one is supporting an unprotected young woman, entirely through pity, — if people show their disapproval by giving out that ‘she appeals to hiś generosity because she is a woman,’ — then the said righteous act of supporting would be one that is ‘deprecated by the people.’ — (176)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 159); — and in Vīramitrodaya (Āhnika, p. 11), which would restrict the rule to only such ‘dharma’ as is ‘dṛṣṭārtha’, ‘prescribed for the purpose of perceptible worldly results.’

 

Comparative notes by various authors:

Viṣṇu (71.84.85). — ‘Wealth and Pleasure, opposed to Righteousness (he shall avoid); — also such Righteousness as may be disapproved by the people.’

Āpastamba (7.20.22). — ‘He shall enjoy such pleasures as are not incompatible with righteousness.’

Yājñavalkya (1.156). — ‘In act, mind and speech he shall carefully do what is right; and he shall not do what is right if it happens to he such as is not conducive to heaven, or disapproved by the people.’

Gautama (9.47). — ‘While wearing shoes, he shall avoid eating, sitting, accosting and saluting.’

Śukranīti (3.4-5). — ‘He shall not try to attain liberation without trying to attain the other three purposes, and he shall follow the path of liberation without disregarding the other three. This is the golden mean.’

 

 

VERSE 4.177

Section XIV - Other Duties

 

न पाणिपादचपलो न नेत्रचपलोऽनृजुः ।
न स्याद् वाक्चपलश्चैव न परद्रोहकर्मधीः ॥१७७॥

na pāṇipādacapalo na netracapalo'nṛjuḥ |
na syād vākcapalaścaiva na paradrohakarmadhīḥ ||177||

 

He shall not be fickle with his hands and feet, nor fickle with his eyes, nor crooked, nor fickle with his speech, nor harm others by deed or thought. — (177)

 

Medhātithi’s commentary (manubhāṣya):

The compound in ‘pāṇipādacapalaḥ’ is the instrumental Tatpuruṣa, in accordance with Pāṇini’s Sūtra 2.1.30. The ‘fickleness’ of the hand would consist in the picking up or removing of useless things.

The ‘fickleness’ of the eye would consist in looking at other women, or at pictures, etc.

He shall not net or think in such a manner as would bring harm to others. — (177).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 524), as setting forth an epitome of what one’s ‘duty’ is; — in Vidhānapārijāta (I., p. 695), — and again in II, p. 204, in connection with tilaka marks on the forehead; — in Smṛtitattva (II, p. 275) to the effect that even when living in foreign lands one should keep up the ways of his fathers; — in Hemādri (Śrāddha, p. 1680); — in Nityācārapradīpa (p. 68), which says that this refers to cases of optional alternatives only; — in Nṛsiṃhaprasāda (Saṃskāra, p. 71a); — and in Smṛticandrikā (Saṃskāra, p. 9) to the effect that family-custom is to be regarded as a guide in cases where there is a difference of opinion among the various scriptural texts.

 

Comparative notes by various authors:

Vaśiṣṭha (6.38). — ‘Ho shall not be fickle with his hands and feet, nor with his eyes, nor with his limbs; such should be the conduct of the cultured.’

Gautama (1.50). — (See under 175, above.)

 

 

VERSE 4.178

Section XIV - Other Duties

 

येनास्य पितरो याता येन याताः पितामहाः ।
तेन यायात् सतां मार्गं तेन गच्छन्न रिष्यति ॥१७८॥

yenāsya pitaro yātā yena yātāḥ pitāmahāḥ |
tena yāyāt satāṃ mārgaṃ tena gacchanna riṣyati ||178||

 

He shall tread the path of the righteous by the same way in which his fathers and grandfathers have trodden; going by that way, he shall not suffer. — (178)

 

Medhātithi’s commentary (manubhāṣya):

The ‘rightious path’ that has been followed by his forefathers, — in the way of forming friendships with certain persons, the forming of marriage-alliances with certain people, the studying of a certain rescensional text of the Veda, and so forth that same path should be followed by the man himself. By acting thus, he ‘shall not suffer’ — i.e., he does not suffer harm, is not blamed in the world.

What is here laid down is the means of knowing one’s duty, that is open to ignorant men, — especially in regard to such acts as not injuring others, and so forth; just like the beat of the royal drum, which announces to the Mlecchas and other people what they should do.- So far as the Agnihotra and such acts are concerned, these are to be learnt only by the texts bearing upon each of them.

Some people urge the following objection here: — “If what has been done by the forefathers happen to be such as has no basis in the scriptures, — how can that be regarded as ‘dharma,’ a ‘rightious act?’ If, on the other hand, it has some basis in the scriptures, then that same would be the source of knowledge open to the son also; and in that case, what would be the point in referring him to the practice of his forefathers?”

This objection we have already answered by pointing out that what is here laid down as the means of knowing duty that is open to illiterate persons.

Others, again, make the following assertion: — “In a case where, even on careful examination, one’s doubt regarding one’s duty does not cease, — and the texts available are capable of lending support to both the courses open to him, — in such cases, one should act according to the practice of one’s forefathers.”

This view also needs to be examined. There is no valid source of knowledge that can be always doubtful; the text bearing upon a question must always point to only one efficient course of action.

It may be that what is meant is that, in the matter of optional alternatives, one should adopt the practice of one’s forefathers; simply because it has been adopted by others in the past.

‘The path of the righteous.’ — This has been added with a view to emphasize the fact that, if one’s forefathers may have followed an unrighteous path, one shall not follow such a practice, in such cases. — (178).

 

Comparative notes by various authors:

Mahābhārata (Ādi, 210.29) — ‘Dharma, O king, is very subtle, we know not its ways; all we do is that we follow the footsteps of our forefathers.’

 

 

VERSE 4.179-180

Section XIV - Other Duties

 

ऋत्विक्पुरोहिताचार्यैर्मातुलातिथिसंश्रितैः ।
बालवृद्धातुरैर्वैद्यैर्ज्ञातिसम्बन्धिबान्धवैः ॥१७९॥

मातापितृभ्यां जामीभिर्भ्रात्रा पुत्रेण भार्यया ।
दुहित्रा दासवर्गेण विवादं न समाचरेत् ॥१८०॥

ṛtvikpurohitācāryairmātulātithisaṃśritaiḥ |
bālavṛddhāturairvaidyairjñātisambandhibāndhavaiḥ ||179||

mātāpitṛbhyāṃ jāmībhirbhrātrā putreṇa bhāryayā |
duhitrā dāsavargeṇa vivādaṃ na samācaret ||180||

 

He shall not have a quarrel with the officiating priest, the priest, or his Teacher, or with his maternal uncle, or his guests or dependants, with children, or with old or sick persons, or with doctors, with his paternal relations or marriage relations, with his parents, or female relations, or brother or son, or wife, or daughter, or with his slaves. — (179-180).

 

Medhātithi’s commentary (manubhāṣya):

‘He shall not have’ — is connected with each of the persons.

‘Dependants’ — who derive their livelihood from him.

‘Doctors’ — learned men, or physicians.

‘Jñāti’ — paternal relations.

‘Sambandhi’ — relations by marriage.

‘Bāndhava’ — maternal relations; sons of maternal aunt, and so forth.

‘Female relations’ — sisters and other married relations.

‘Quarrel’ — any sort of misunderstanding or unpleasant dealing, and even wordy quarrel — ‘he shall not do’ — with any of these. — (180).

 

Explanatory notes by Ganganath Jha:

(verses 4.179-180)

These verses are quoted in Vīramitrodaya (Saṃskāra, p. 573); — and in Madanapārijāta (p. 120).

 

Comparative notes by various authors:

(verses 4.179-181)

Mahābhārata (Śānti, 249.14-17). — (Same as Manu; but reading ‘Etān vīmucya saṃvādān’ for ‘etairvivādān santyajya and ‘jitaḥ.’ for ‘jitaiḥ.’)

Yājñavalkya (1.157-158). — ‘The Householder wins all regions by avoiding quarrels with his mother, father, brother, female relations, relations by marriage, maternal uncle, aged persons, boys, sick persons, his teacher, doctors, dependants and relations, his priest, the officiating priest, his own children, wife, slaves and paternal relations.’

 

 

VERSE 4.181

Section XIV - Other Duties

 

एतैर्विवादान् सन्त्यज्य सर्वपापैः प्रमुच्यते ।
एतैर्जितैश्च जयति सर्वान्लोकानिमान् गृही ॥१८१॥

etairvivādān santyajya sarvapāpaiḥ pramucyate |
etairjitaiśca jayati sarvānlokānimān gṛhī ||181||

 

Having renounced quarrel with these, the householder becomes freed from all sins; and, by ignoring them, he wins all these worlds. — (181)

 

Medhātithi’s commentary (manubhāṣya):

The sin that accrues from such quarelling, does not accrue to him who avoids them; — this is what is meant by the phrase, ‘becomes freed from all sins.’

When these are ignored, he ‘wins’ — makes his own — ‘all these worlds.’

This is a purely commendatory exaggeration.’ — (181).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 573).

 

Comparative notes by various authors:

(verses 4.179-181)

See Comparative notes for Verse 4.179.

 

 

VERSE 4.182

Section XIV - Other Duties

 

आचार्यो ब्रह्मलोकैशः प्राजापत्ये पिता प्रभुः ।
अतिथिस्त्विन्द्रलोकेशो देवलोकस्य चर्त्विजः ॥१८२॥

ācāryo brahmalokaiśaḥ prājāpatye pitā prabhuḥ |
atithistvindralokeśo devalokasya cartvijaḥ ||182||

 

The teacher is the lord of the world of Brahmā; the Father is sovereign of the world of Prajāpati; the Guest is the master of the world of Indra; and the Priests are the lords of the world of gods. — (182)

 

Medhātithi’s commentary (manubhāṣya):

The Teacher is the lord of Brahma’s world; so that, when the Teacher is satisfied, that world is attained. It is this fact that is figuratively described as the Teacher being the lord of that region.

The Father is the sovereign of the world of Prajāpati. — (182).

 

Explanatory notes by Ganganath Jha:

Cf. 2.244.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 574), as setting forth reasons for not quarelling with those mentioned in the preceding verses.

 

Comparative notes by various authors:

(verses 4.182-185)

Mahābhārata (Śānti, 249.17-21). — (Same as Manu, hut reading ‘indralokesya’ for ‘indralokeśaḥ’ — ‘vaiśvadeve tu jñātayaḥ’ for ‘vaiśvadeve tu bāndhavāḥ,’ — ‘bāndharā dikṣu’ for ‘no yapām loke,’ — ‘bṛddhabālāturakṛśāstvākāśe prabhaviṣṇavaḥ’ for ‘ākāśeśāstu vijñeyā bālabṛddhakṛśāturāḥ,’ — and ‘sahenni-tyamasañjvaraḥ’ for ‘sahetāsañjvaraḥ sadā.’)

 

 

VERSE 4.183-184

Section XIV - Other Duties

 

जामयोऽप्सरसां लोके वैश्वदेवस्य बान्धवाः ।
सम्बन्धिनो ह्यपां लोके पृथिव्यां मातृमातुलौ ॥१८३॥

आकाशेशास्तु विज्ञेया बालवृद्धकृशातुराः ।
भ्राता ज्येष्ठः समः पित्रा भार्या पुत्रः स्वका तनुः ॥१८४॥

jāmayo'psarasāṃ loke vaiśvadevasya bāndhavāḥ |
sambandhino hyapāṃ loke pṛthivyāṃ mātṛmātulau ||183||

ākāśeśāstu vijñeyā bālavṛddhakṛśāturāḥ |
bhrātā jyeṣṭhaḥ samaḥ pitrā bhāryā putraḥ svakā tanuḥ ||184||

 

Female relatives (have power) over the region of the Heavenly nymphs; maternal relations, over that of the Viśvedevas; marriage-relations, over the region of the Waters; the mother and maternal uncle, over the Earth; the children, the aged, the emaciated and the sick should be regarded as the lords of Ākāśa; the elder brother is equal to the Father; the wife and the son are one’s own body. — (183-184).

 

Medhātithi’s commentary (manubhāṣya):

‘The wife and the son are one’s own’ — his very own — ‘body.’ — (183-184)

 

Explanatory notes by Ganganath Jha:

(verse 4.183)

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 574).

(verse 4.184)

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 574).

 

Comparative notes by various authors:

(verses 4.182-185)

See Comparative notes for Verse 4.182.

 

 

VERSE 4.185

Section XIV - Other Duties

 

छाया स्वो दासवर्गश्च दुहिता कृपणं परम् ।
तस्मादेतैरधिक्षिप्तः सहेतासञ्ज्वरः सदा ॥१८५॥

cāyā svo dāsavargaśca duhitā kṛpaṇaṃ param |
tasmādetairadhikṣiptaḥ sahetāsañjvaraḥ sadā ||185||

 

Slaves are one’s own shadow; the daughter is the highest object of tenderness. For these reasons, when offended by these, he shall always bear it without heat. — (185)

 

Medhātithi’s commentary (manubhāṣya):

One’s slaves are one’s own shadow; just as one’s shadow always follows one, and is never an object of resentment, so also are one’s slaves.

‘The daughter is the object of tenderness ’ — i.e., sympathy.

‘By these’ — aforesaid persons — ‘when offended’ — attacked, made angry, by harsh words — ‘he shall bear it,’ — ‘asajavaraḥ,’ ‘without heat;’ — this ‘absence of heat’ stands for the total absence of any disturbance of the mind or resentment; a man in feverish heat has his mind disturbed, so is also the man under resentment. Or, we may read ‘asañjvaraḥ,’ — ‘sañjvaraḥ’ being synonymous with ‘santāpa,’ ‘heat’ (according to Amarakośa); and this is prohibited by means of the negative prefix. — (185).

 

Explanatory notes by Ganganath Jha:

Cf. Aitareya Brāhmaṇa 7.13.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 574); — and in Vyāvahāra Bālambhaṭṭī (p. 572).

 

Comparative notes by various authors:

(verses 4.182-185)

See Comparative notes for Verse 4.182.

 

 

VERSE 4.186

Section XIV - Other Duties

 

प्रतिग्रहसमर्थोऽपि प्रसङ्गं तत्र वर्जयेत् ।
प्रतिग्रहेण ह्यस्याशु ब्राह्मं तेजः प्रशाम्यति ॥१८६॥

pratigrahasamartho'pi prasaṅgaṃ tatra varjayet |
pratigraheṇa hyasyāśu brāhmaṃ tejaḥ praśāmyati ||186||

 

Though entitled to accept presents, he shall avoid addiction to it; because, by receiving gifts, his spiritual light is quickly extinguished. — (186)

 

Medhātithi’s commentary (manubhāṣya):

The ‘gift’ here meant is what one obtains from another person, who gives it with a view to some transcendental reward. Even though one may be‘ entitled’ — i.e., fit — to accept such a gift, one shall avoid getting into the habit of doing it again and again. The ‘title’ or ‘fitness’ here meant consists in being endowed with an excellence of learning, study, and character, and possessing full knowledge of things and laws. Hence, what is stated in the second half of the verse is only the reiteration of what has been said above regarding the ignorant person fearing etc. (191) — (186).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Dānamayūkha (p. 6).

 

Comparative notes by various authors:

Viṣṇu (57.6, 7, 9). — ‘He shall avoid being addicted to receiving gifts from persons whose gifts should not be accepted; by the acceptance of such gifts the spiritual light of Brāhmaṇas becomes extinguished; even though entitled to receive gifts he shall avoid becoming addicted to it.’

Yājñavalkya (1.213). — ‘If one, though entitled to receive gifts, does not accept them, he obtains those spacious regions which are meant for the extremely charitable persons.’

 

 

VERSE 4.187

Section XIV - Other Duties

 

न द्रव्याणामविज्ञाय विधिं धर्म्यं प्रतिग्रहे ।
प्राज्ञः प्रतिग्रहं कुर्यादवसीदन्नपि क्षुधा ॥१८७॥

na dravyāṇāmavijñāya vidhiṃ dharmyaṃ pratigrahe |
prājñaḥ pratigrahaṃ kuryādavasīdannapi kṣudhā ||187||

 

Withuot knowing the lawful method of receiving gifts, the wise man shall not accept any gifts; even though he may be pining with hunger. — (187)

 

Medhātithi’s commentary (manubhāṣya):

‘Without knowing, etc.’ — One shall not accept gifts merely for the purpose of enjoying pleasures, etc. The meaning is that one shall accept gifts only for the maintaining of one’s family, and for the due accomplishment of ones obligatory duties, — and for no other purpose.

‘Even though he may be pining with hunger.’ — That is, if, without accepting the gift, he should suffer emaciation; ‘emaciation’ standing for non-development of the body.

Or, we may construe the passage as ‘dravyāṇām vidhim dharmyam pratigrahe. — What is the ‘dharmaya vidhi,’ ‘the legal injunction?’ — It would consist in the full knowledge of the purpose, the deity, the mantra and other details connected with the gift; such as — ‘Gold is given in honour of Agni, the cow in honour of Rudra,’ and so forth. — (187)

 

Comparative notes by various authors:

Viṣṇu (57.8). — ‘If a man receive gifts without knowing the lawful method of receiving them, he falls along with the giver.’

 

 

VERSE 4.188

Section XIV - Other Duties

 

हिरण्यं भूमिमश्वं गामन्नं वासस्तिलान् घृतम् ।
प्रतिगृह्णन्नविद्वांस्तु भस्मीभवति दारुवत् ॥१८८॥

hiraṇyaṃ bhūmimaśvaṃ gāmannaṃ vāsastilān ghṛtam |
pratigṛhṇannavidvāṃstu bhasmībhavati dāruvat ||188||

 

The illiterate person, accepting gold, land, horse, cow food, clothing, sesamum and clarified butter, becomes reduced to ashes, like wood. — (188)

 

Medhātithi’s commentary (manubhāṣya):

The text states the evil results following from the illiterate man accepting the gift of certain specified things. — ‘He becomes reduced to ashes, like wood;’ — just as wood, on being burnt by fire, becomes reduced to ashes, so the Brāhmaṇa, who is not endowed with proper learning, becomes reduced to ashes, by accepting the gift of gold and other things mentioned here. — (188).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 221); — in Hemādri (Dāna, p. 60); — in Dānamayūkha (p. 6); — and in Prāyaścittaviveka (p. 405), which says that this prohibition refers to persons ignorant of mantras.

 

Comparative notes by various authors:

Vaśiṣṭha (6.30). — ‘The illiterate person, accepting the cow or gold or cloth, or land or sesamum, becomes reduced to ashes, like wood.’

Yājñavalkya (1.201-202). — ‘Cows, land and sesamum, should be respectfully offered by the wise man who desires his own welfare to a proper recipient and never to an improper person; the latter accepting the gift, drops the giver downwards.’

Bṛhad-Yama (58). — ‘Just as when milk, curd, butter and honey placed in an unbaked vessel becomes destroyed through the weakness of the vessel, and the vessel also becomes destroyed, in the same manner, when an illiterate person accepts the gift of cows or gold or clothes or food or land or sesamum, he becomes reduced to ashes like wood.’

 

 

VERSE 4.189

Section XIV - Other Duties

 

हिरण्यमायुरन्नं च भूर्गोश्चाप्योषतस्तनुम् ।
अश्वश्चक्षुस्त्वचं वासो घृतं तेजस्तिलाः प्रजाः ॥१८९॥

hiraṇyamāyurannaṃ ca bhūrgoścāpyoṣatastanum |
aśvaścakṣustvacaṃ vāso ghṛtaṃ tejastilāḥ prajāḥ ||189||

 

Gold and food destroy longevity; land and cow destroy the body; the horse destroys the eye; clothing destroys the skin; clarified butter destroys energy; and sesamum destroys offspring. — (189)

 

Medhātithi’s commentary (manubhāṣya):

Land and Cow ‘destroy’ — burn — ‘the body.’

In the case of the expression, ‘hiraṇyam āyuḥ,’ the form of the verb ‘oṣataḥ’ has to be changed into the singular form. Similar changes have to be made in connection with the other expressions — ‘aśvaḥ cakṣuḥ,’ and the rest. — (189)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 405), which has the same note as on the preceding verse.

 

 

VERSE 4.190

Section XIV - Other Duties

 

अतपास्त्वनधीयानः प्रतिग्रहरुचिर्द्विजः ।
अम्भस्यश्मप्लवेनैव सह तेनैव मज्जति ॥१९०॥

atapāstvanadhīyānaḥ pratigraharucirdvijaḥ |
ambhasyaśmaplavenaiva saha tenaiva majjati ||190||

 

If the twice-born person,who is without austerities and does not study the Veda, seeks for gifts, he sinks along with him into water; just like one who sinks along with the stone-raft. — (190)

 

Medhātithi’s commentary (manubhāṣya):

He who has not performed any austerities and who does not study the Veda: — this ‘studying’ stands for the full knowledge of the Veda, which is what has been referred to in the text. Both these qualifications combined are necessary for entitling a man to receive gifts.

He who does not possess these two qualifications, and yet hankers after gifts, ‘sinks along with him;’ — with whom? — Since no other person is mentioned, and the giver is the person mentioned in close proximity to the present context, it follows that it is along with the giver that the receiver sinks. The giver has recourse to the Recipient, for the purpose of crossing over (to heaven); if, therefore, the recipient happen to be unqualified, he makes both himself and the giver sink into water; just as the ‘stone-raft,’ — the raft made of stone — does in water. ‘Raft’ is that by which people cross rivers, such as boat and other things. One who gets on a piece of stone for crossing a river sinks into the water along with the stone-raft; in the same manner, the giver of gifts to the unqualified Brāhmaṇa, and the Brāhmaṇa receiving the gifts, — both go to hell. — (l 90).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Dāna, p. 60).

 

Comparative notes by various authors:

(verses 4.190-191)

Yājñavalkya (1.202). — ‘A gift should never be accepted by one devoid of learning and austerities; if he does accept it, he drags down himself as well as the giver.’

 

 

VERSE 4.191

Section XIV - Other Duties

 

तस्मादविद्वान् बिभियाद् यस्मात् तस्मात् प्रतिग्रहात् ।
स्वल्पकेनाप्यविद्वान् हि पङ्के गौरिव सीदति ॥१९१॥

tasmādavidvān bibhiyād yasmāt tasmāt pratigrahāt |
svalpakenāpyavidvān hi paṅke gauriva sīdati ||191||

 

For these reasons, the illiterate man should fight shy of accepting each and every gift. By receiving even a small gift, the illiterate person sinks, like the cow in a morass. — (191)

 

Medhātithi’s commentary (manubhāṣya):

For fear of hell, the ‘illiterate’ — ignorant — ‘person’ should fight shy of accepting a gift;’ — i.e., for fear of being destroyed, he should not accept any gifts to say nothing of gold and other specified things.

By accepting even ‘a small gift,’ in the shape of things of little value as lead and the like, the illiterate man sinks in the same manner as the cow sinks in a morass. — (191).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Dāna, p. 60).

 

Comparative notes by various authors:

(verses 4.190-191)

See Comparative notes for Verse 4.190.

 

 

VERSE 4.192

Section XIV - Other Duties

 

न वार्यपि प्रयच्छेत् तु बैडालव्रतिके द्विजे ।
न बकव्रतिके पापे नावेदविदि धर्मवित् ॥१९२॥

na vāryapi prayacchet tu baiḍālavratike dvije |
na bakavratike pāpe nāvedavidi dharmavit ||192||

 

The man knowing the Law, shall not offer even water to the Brāhmaṇa who behaves like a cat; nor to the wicked Brāhmaṇa who behaves like a heron, nor to one ignorant of the Veda. — (192)

 

Medhātithi’s commentary (manubhāṣya):

The duties of the Receiver having been described, the Text proceeds to describe those of the Giver.

The term, ‘even,’ precludes the giving of all things; when even water is prohibited, how can anything else be given to the man? This is a hyperbolical way of forbidding the gift of other things. As for water itself, there can be no prohibition regarding it, as it is of use to all beings.

“It has been already said that one shall not honour, even with speech, those who behave like cats (4.32).”

True; what is forbidden there, is the act: of honouring them; what is forbidden here, is the offering of gifts to them; and these, the gifts of wealth, not of anything else. Thus, both prohibitions become useful, as is going to be asserted later on (193) — ‘Property, though earned according to law, etc.’ It is for this reason that the giving of food, in a disrespectful manner, to heretics and others is not forbidden.

In this connection, some people argue as follows: — “Though the text has mentioned the person ‘ignorant of the Veda,’ this should be taken to include also the person who is not studying the Veda. Because all interested gifts have been laid down as to be offered to only such persons as are studying the Veda; and it is not right to put them on the same footing as heretics.”

These persons should be asked the following question: — Where has it been laid down that gifts are to be offered to only such persons as are studying the Veda, and are still without full knowledge of it ?

It might be said that this has been laid down in 3.128, where it is said that — these things are to be given only to the Śrotriya (Vedic student).

But, since the same passage contains the qualification ‘worthy’ — and this is not possible without complete learning, — the passage cannot refer to the mere student still pursuing his studies. Specially, as we have such other passages as — ‘the fee shall be paid to a learned person’ — which occur in the same context as the passage quoted. Hence, by taking the two passages together, it follows that gifts are to be offered to persons possessed of both the qualifications. Thus we do not find any ground for renouncing the direct meaning of the text.

As for the impropriety of the Vedic Student being put on the same footing as heretics, — there can be no impropriety in what is directly asserted by the text.

‘Vaiḍālavratika’ is one who behaves in the manner of a cat; and, similarly, ‘vakavratika’ is one who has the maimers of a heron.

The Locative endings have been used because it is the idea of receptacle that is meant to be conveyed. If the recipient were meant to be expressed, the Dative would have been the right form to use. — (192).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 285); — and in Parāśaramādhava (Ācāra, p. 74).

 

Comparative notes by various authors:

Viṣṇu (3.7). — [Same as Manu.]

Yājñavalkya (1.201). — ‘Cows, land, sesamum, gold and such things should be respectfully offered to proper recipient, never to improper ones.’

Vyāsa (Aparārka, p. 256). — ‘What is given to one devoid of good deeds is neither here nor there.’

Dakṣa (Do.). — ‘What is given to a rogue... is absolutely futile.’

 

 

VERSE 4.193

Section XIV - Other Duties

 

त्रिष्वप्येतेषु दत्तं हि विधिनाऽप्यर्जितं धनम् ।
दातुर्भवत्यनर्थाय परत्रादातुरेव च ॥१९३॥

triṣvapyeteṣu dattaṃ hi vidhinā'pyarjitaṃ dhanam |
dāturbhavatyanarthāya paratrādātureva ca ||193||

 

For property, even though acquired by lawful means, — if given to these three persons, — brings calamity, in the next world, to the giver, as also to the receiver. — (193)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘property’ is meant to imply that the giving of food is not forbidden.

‘Though acquired by laicful means,’ — such as gifts from proper sources, by purchase and such other means as are permitted by the scriptures.

Such giving becomes a source of trouble to both the giver and the receiver in the next world. — (193).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 285), which explains ‘anarthe’ as ‘sin’; — and in Parāśaramādhava (Ācāra p. 174).

 

 

VERSE 4.194

Section XIV - Other Duties

 

यथा प्लवेनोपलेन निमज्जत्युदके तरन् ।
तथा निमज्जतोऽधस्तादज्ञौ दातृप्रतीच्छकौ ॥१९४॥

yathā plavenopalena nimajjatyudake taran |
tathā nimajjato'dhastādajñau dātṛpratīcchakau ||194||

 

Just as a man crossing water by means of a stone-raft sinks down, so also sink downwards the ignorant giver and receiver. — (194)

 

Medhātithi’s commentary (manubhāṣya):

‘Aupala,’ — made of stone.

‘Raft’ — boat and such other contrivances used in crossing water.

He who ‘crosses’ — proceeds to cross — water by such a raft, sinks down into the water. So also do ‘the ignorant giver and receiver.’

The term, ‘pratīcchaka’ is to be explained as ‘pratīcchām karoti’ (with the ṇich affix), and then the nominal ‘ṇvul’ added to it.

‘Pratīpsakaḥ’ is another reading; this would be derived from the root ‘āp,’ to obtain, with the derivative affix, and then the nominal ‘ṇvul’ added to it. The meaning of both would be the same. — (194)

 

 

VERSE 4.195

Section XIV - Other Duties

 

धर्मध्वजी सदा लुब्धश्छाद्मिको लोकदम्भकः ।
बैडालव्रतिको ज्ञेयो हिंस्रः सर्वाभिसन्धकः ॥१९५॥

dharmadhvajī sadā lubdhaścādmiko lokadambhakaḥ |
baiḍālavratiko jñeyo hiṃsraḥ sarvābhisandhakaḥ ||195||

 

He who displays his flag of virtue, is ever covetous, a cheat and a hypocrite, intent on doing harm, and the traducer of all persons, is to be known as “one behaving like the cat.” — (195)

 

Medhātithi’s commentary (manubhāṣya):

The two terms (‘viḍalavratika’ and ‘vakavratika’) are used figuratively, and the grounds of such figurative use being multifarious, that one is to be accepted, on the basis whereof the term may have been used in a certain case. And it is necessary to Ascertain this exactly, for the purpose of finding out definitely the exact import of the prohibition.

He for whom his virtue is like a flag. The compound is in accordance with Pāṇini 2. 1.56. It may also be taken as a Karmadhāraya compound, the meaning being ‘the virtuous flag.’ The term, ‘dharmadhvajī’ thus means, ‘he who has flag-like virtue,’ the word ending with the possessive affix ‘ṇini.’ This name is applied to the man who performs righteous acts only for the purpose of fame, and not because they are prescribed in the scriptures, i.e., the person who perforins righteous acts only in such places where people see them, and who advertises his righteousness by his own agents, for the purpose of making himself known as righteous, and hence succeeding in receiving gifts, etc.

‘Covetous,’ — jealous and also miserly.

‘Hypocrite,’ — the man who commits fraud on the people.

‘Cheat,’ — he who behaves deceitfully. ‘Cheating’ is deceit. The person who is ostentatiously righteous, while in secret he steals what is guarded and makes known what should be kept secret, people think him to be a avirtuous man and, believing that a secret entrusted to him cannot leak out, convey to him some secret of theirs; and in the end, this secret becomes divulged to just that person from whom it was intended to be kept. This is a form of injuring others.

‘The traducer of all persons,’ — he who cannot bear the good qualities of others, and hence calumniates them. ‘Abhisandhaka’ is formed according to Pāṇini 3. 1. 136, and then the reflexive ‘ka’ and ‘sarvābhisandhaka’ is a Genitive Tatpuruaṣa compound.

Such a person is to be known as ‘one who behaves like a cat’ a ‘viḍalavratika.’

At this place, some people read the following verse (in the text): —

When a man’s flag of virtue is ever raised, like Indra’s flag, and his sins are hidden, — this is the behaviour called “cat-like;” (195A) — and this states, in brief, what has been stated in the foregoing text (195).

The presence of even one of the qualities mentioned, marks out the man as one of cat-like behaviour; and that this is so is inferred from the verse just quoted. The clause, ‘whose sins are hidden,’ does not specifically mention any particular sin, and all the sins mentioned (in 195) are equally ‘sins;’ and thus, by means of these two verses, the same fact has been brought home to the pupils by the Teacher. Some of the pupils were taught the former verse (195) and some the present one (195A); both are equally authoritative. Thus then, when it is asserted that ‘Devadatta is one who is wearing the armlet and the ear-ring, with fat shoulders and full chest,’ — where all the qualifications are recognised as collectively distinguishing Devadatta, — yet, in the case in question, each of the qualifications serves singly to distinguish the man of ‘cat-like behaviour.’ — (195).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 170); — in Mitākṣarā (on 1.130); — and in Hemādri (Śrāddha, p. 364).

 

Comparative notes by various authors:

(verses 4.195-199)

Viṣṇu (93.8-12). — [Same as Manu.]

 

 

VERSE 4.196

Section XIV - Other Duties

 

अधोदृष्टिर्नैष्कृतिकः स्वार्थसाधनतत्परः ।
शठो मिथ्याविनीतश्च बकव्रतचरो द्विजः ॥१९६॥

adhodṛṣṭirnaiṣkṛtikaḥ svārthasādhanatatparaḥ |
śaṭho mithyāvinītaśca bakavratacaro dvijaḥ ||196||

 

With eyes cast downwards, of cruel disposition, intent upon the accomplishment of his own ends, dishonest and falsely humble; — such is the Brāhmaṇa ‘who behaves like the heron’. — (196)

 

Medhātithi’s commentary (manubhāṣya):

‘Looking downwards’ is a mark of ‘heron-like behaviour.’ Or, the term, ‘adhodṛṣṭih’ may mean ‘whose ideas are ‘nīca,’ i.e., mean; he who is ever ready to do anything, who accepts gifts even from the lowest persons.

‘Niṣkṛti’ is cruelty; he, in whom this is the principal factor, is called ‘niṣkṛtika,’ ‘cruel,’ he who talks in an improper manner.

‘Falsely humble,’ — who shows himself to be extremely gentle and harmless, but, in actual practice, turns out to be most harmful. For example, the cat pretends to be asleep, when intent upon catching its prey; similarly, the person whose righteousness is mingled with deceit, has been called ‘a man of cat-like behaviour.’ So also with the expression, ‘of heron-like behaviour:’ When seeking to catch fish, herons pretend to show as if they were taking no notice of the creatures in water, and yet all the time they are intent upon catching the fish.

The term ‘vrata’ denotes habit.

It has been shown above how there is no repetition in the several parts of the verses. Even if there were some real repetitions, there would be nothing wrong in this, as the verses contain definitions (of two distinct characters); and the repeated assertions make the fact more easily intelligible.

“What is the difference between the cat-like and the heron-like behaviour!”

We explain as follows: — The latter (one who is heron-like) is bent upon accomplishing his own ends, he does not thwart the purposes of other men; while the former (one who is cat-like), thwarts the purpose of other people, through sheer jealousy, even though his own interests be not served by it — (196).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.130); — in Aparārka (p. 170), which explains ‘śaṭha’ as ‘stuck up’; — and in Saṃskāramayūkha (p. 66).

 

Comparative notes by various authors:

(verses 4.195-199)

See Comparative notes for Verse 4.195.

 

 

VERSE 4.197

Section XIV - Other Duties

 

ये बकव्रतिनो विप्रा ये च मार्जारलिङ्गिनः ।
ते पतन्त्यन्धतामिस्रे तेन पापेन कर्मणा ॥१९७॥

ye bakavratino viprā ye ca mārjāraliṅginaḥ |
te patantyandhatāmisre tena pāpena karmaṇā ||197||

 

Those Brāhmaṇas who are heron-like in their behaviour, and those who are cat-like, fall, by that sinful act, into the Andhatāmisra hell. — (197)

 

Medhātithi’s commentary (manubhāṣya):

This verse is explained by its own words. — (197).

 

Comparative notes by various authors:

(verses 4.195-199)

See Comparative notes for Verse 4.195.

 

 

VERSE 4.198

Section XIV - Other Duties

 

न धर्मस्यापदेशेन पापं कृत्वा व्रतं चरेत् ।
व्रतेन पापं प्रच्छाद्य कुर्वन् स्त्रीशूद्रदम्भनम् ॥१९८॥

na dharmasyāpadeśena pāpaṃ kṛtvā vrataṃ caret |
vratena pāpaṃ pracchādya kurvan strīśūdradambhanam ||198||

 

Having committed a sin, he shall not perform penance un der the pretext of doing a righteous act, — deceiving women and Śūdras by thus covering his sin by a penance. — (198)

 

Medhātithi’s commentary (manubhāṣya):

‘Having committed a sin, he shall not perform a penance,’ — in the shape of an expiatory rite; — ‘under the pretext of doing a righteous act;’ — pretending righteousness, he makes it known among people that he is doing the penance purely as a religious act., and that there has been no occasion for his doing it as an expiatory rite; though, in reality, he is doing it as an expiatory rite. This is what one should not do.

‘By covering sin,’ — by concealing his sin — one shall not — by means of the said righteous act — seek to deceive ‘women and Śūdras.’

The meaning is that, when one has to perforin an expiatory rite, one shall openly perform it as such, except in the case of the Expiatory Rites distinctly laid down as ‘secret’ — (198).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 1229).

 

Comparative notes by various authors:

(verses 4.195-199)

See Comparative notes for Verse 4.195.

 

 

VERSE 4.199

Section XIV - Other Duties

 

प्रेत्येह चेदृशा विप्रा गर्ह्यन्ते ब्रह्मवादिभिः ।
छद्मना चरितं यच्च व्रतं रक्षांसि गच्छति ॥१९९॥

pretyeha cedṛśā viprā garhyante brahmavādibhiḥ |
cadmanā caritaṃ yacca vrataṃ rakṣāṃsi gacchati ||199||

 

Such Brāhmaṇas are condemned after death, and also here (in this life) by the expounders of the Veda; and penance done under a false pretence goes to the evil spirits. — (199)

 

Medhātithi’s commentary (manubhāṣya):

The nature of things is such that, even though an act may be done with a view to a certain end, yet its other results also accrue to him. For instance, when one is intent upon obeying one’s Teacher, it is with a view to the fulfilment of a religious duty, and not for obtaining pleasure; and yet, from the very nature of the thing, the act of obedience brings pleasure.

Some people bold the following opinion: — “Penances serve the purpose of removing sins; and even though performed with a view to other ends, they do not renounce their own nature. So that, in the case in question, the Expiatory Rite would serve both purposes, — I shall become known by the people as righteous, and my sin also shall be removed.”

It is with a view to setting aside such a view that the Author adds the present verse.

‘The penance done under a false pretence goes to evil spirits;’ — that is, it becomes useless, and it does not remove the sin.

It is not only that his purpose is not accomplished, in fact, such Brāhmaṇas — those performing penances under false pretences — ‘are condemned’ — reprehended — ‘by the expounders of the Veda;’ i.e., by the cultured people, who know the authority of the Veda. — (199).

 

Comparative notes by various authors:

(verses 4.195-199)

See Comparative notes for Verse 4.195.

 

 

VERSE 4.200

Section XIV - Other Duties

 

अलिङ्गी लिङ्गिवेषेण यो वृत्तिमुपजीवति ।
स लिङ्गिनां हरत्येनस्तिर्यग्योनौ च जायते ॥२००॥

aliṅgī liṅgiveṣeṇa yo vṛttimupajīvati |
sa liṅgināṃ haratyenastiryagyonau ca jāyate ||200||

 

One who, though not entitled to the wearing of a certain badge, gains one’s living by wearing that badge, takes off the sins of persons entitled to that badge, and is born in the womb of a lower animal. — (200)

 

Medhātithi’s commentary (manubhāṣya):

There is a distinctive badge connected with each of the life-stages. For the Student there is the wearing of the girdle-zone, etc.; for the Householder, there is the wearing of the bamboo-stick, the ear-ring, the water-pot, and so forth; and for the Wandering Recluse, the wearing of the reddish-brown garment, the rod, and so forth.

How, if a Householder makes a living — by wearing one of of these badges, with a view to obtaining alms, — ‘he takes of the sins of persons entitled to that badge;’ — helps them to become free from their debts; and ‘is born in the womb of a lower animal,’ such as the jackal and the like.

In this connection, the difficulty should not be raised that it is not possible for the sins committed by the persons entitled to the badge to move away from them to go over to the pretender.

Because all that is meant by the text is that one should not wear the badge of other persons. Even though no direct prohibition is laid down, yet we deduce the said impropriety from the deprecatory statement contained in the verse. — (200)

 

Explanatory notes by Ganganath Jha:

Viṣṇu (93.13). — [Same as Manu, but reading ‘prajāyate’ for ‘ca jāyate.’]

 

 

VERSE 4.201

Section XIV - Other Duties

 

परकीयनिपानेषु न स्नायाद् हि कदा चन ।
निपानकर्तुः स्नात्वा तु दुष्कृतांशेन लिप्यते ॥२०१॥

parakīyanipāneṣu na snāyād hi kadā cana |
nipānakartuḥ snātvā tu duṣkṛtāṃśena lipyate ||201||

 

He shall never bathe in the tanks belonging to other persons. Having bathed there, he becomes tainted with a part of the tank-digger’s sin. — (201)

 

Medhātithi’s commentary (manubhāṣya):

‘Nipāna,’ — which is etymologically explained as ‘nipibanti asmin,’ or ‘nipibanti asmāt,’ — ‘in which, or from which, people drink,’ — means ‘water-reservoir;’ that is, a tank, a well or a tank. And one should never bathe in any such tank as has been dug by another man for his own use, and has not been given away for the benefit of the public.

This forbids all kinds of bathing — (a) the obligatory daily bath, (b) the occasional bath necessitated by the touch of the Cāṇḍāla and such other persons, and (c) the ordinary bath taken for the relieving of heat and perspiration.

The text proceeds to point out the evil arising from the disobedience of the said prohibition he becomes ‘tainted’ — contaminated — by a part of such sin as there may be of the person who dug the tank.

This is a deprecatory exaggeration, supplementing the preceding prohibition, — (201)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 169), which adds the following notes: — In view of the term ‘Nipānakartuḥ’ in the second line, the term ‘Parakīya’ should be taken to mean ‘made by another person’; as Kalpataru holds that ‘Parakīya’ must mean ‘made by another’, — whether consecrated or unconsecrated, since no distinction between them is made anywhere; — [This appears to be a gist of Medhātithi’s explanation of ‘Parakīya,’ for which see Translation ]; — ‘Nipāna’ means ‘water-reservoir.’

This verse is quoted also in Kālaviveka (p. 328), which too makes the same observations as Vīramitrodaya (just quoted).

It is quoted also in Aparārka (p. 234), which makes the remark that the tank that has been consecrated and made over to the public cannot be called ‘parakīya’; and this favours Medhātithi’s interpretation of the verse, which is supported also by what follows in the next verse; — in Smṛtikaumudī (p. 65), which explains ‘parakīya’ as ‘dug by another,’ and says it cannot mean ‘belonging to another’; as is quite clear from what is added regarding the nipānakartṛ; — in Hemādri (Śrāddha, p. 874); — in Nityācārapradīpa (p. 300), which explains ‘parakīya’ as ‘dug by others’; — and is Śuddhikaumudī (p. 324), which says that ‘Kadācana’ makes it clear that the prohibition is absolute.

 

Comparative notes by various authors:

Baudhāyana (2.3.5-6). — ‘People should not perform their bath in water that has been dammed; a part of the merit goes to the man that built the dam. For this reason one should avoid the dams and wells built by others.’

Yājñavalkya (1.159). — ‘He shall not bathe in the tanks of other persons until he has taken out five clods of earth; he shall bathe in a river or in ponds dug by the gods, in lakes, and in springs.’

Viṣṇu (63.1). — ‘He shall not perform his bath in tanks belonging to others.’

Paiṭhīnasi (Vīramitrodaya-Āhnika, p. 169). — ‘One shall avoid the dams and wells built by others; the builder becomes a partaker in the merit: one should bathe there after throwing in three handfuls of earth (and three jarfuls of water).’

 

 

VERSE 4.202

Section XIV - Other Duties

 

यानशय्याऽऽसनान्यस्य कूपोद्यानगृहाणि च ।
अदत्तान्युपयुञ्जान एनसः स्यात् तुरीयभाक् ॥२०२॥

yānaśayyā''sanānyasya kūpodyānagṛhāṇi ca |
adattānyupayuñjāna enasaḥ syāt turīyabhāk ||202||

 

By using another person’s conveyance, couch, seat, well, garden or house, — when these have not been given, — one becomes the partaker of the fourth part of that person’s sins. — (202)

 

Medhātithi’s commentary (manubhāṣya):

If one uses the conveyance, etc., that belong to another person, and have not been given, one comes to partake of the fourth part of the sins of that person.

Some persons assert in this connection that, since the text uses the terra ‘when these hive not been given,’ what is meant is that one should not use these things when they have been assigned for public use.

This is not right; because the prohibition herein contained refers to what belongs to another person; and what 1 ms been assigned for public use does not belong to another person; since he has already renounced his proprietory right over them, in the proper manner.

The specification of the ‘fourth part’ is not meant to be emphasized; as has been already explained before. — (202)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 237).

 

Comparative notes by various authors:

Yājñavalkya (l.160). — ‘He shall avoid beds, seats, gardens, horses and conveyances belonging to others, unless they are offered to him.’

 

 

VERSE 4.203

Section XIV - Other Duties

 

नदीषु देवखातेषु तडागेषु सरःसु च ।
स्नानं समाचरेन्नित्यं गर्तप्रस्रवणेषु च ॥२०३॥

nadīṣu devakhāteṣu taḍāgeṣu saraḥsu ca |
snānaṃ samācarennityaṃ gartaprasravaṇeṣu ca ||203||

 

He shall always bathe in rivers and in tanks and lakes dug by the gods; as also in water-holes and springs. — (203)

 

Medhātithi’s commentary (manubhāṣya):

As a matter of fact, all rivers are ‘dug by the gods;’ hence they cannot be both, which would necessitate the differentiation connoted by the epithet; hence the gender of the epithet should be that of the things qualified by it. As for tanks, etc., these are ‘dug by gods’ as well as ‘dug by men. (Hence, in their case, the differentiation is necessary). As a matter of fact, these are never actually dug by the gods; all. that is meant to be indicated by the epithet, therefore, is their largeness and importance, due to the fact that people do not remember who dug them. — (203)

 

Explanatory notes by Ganganath Jha:

‘Garta’ — ‘Pits’ (Govindarāja and Nārāyaṇa); — ‘a small brook whose course does not extend beyond a thousand Dhanuṣ, i.e., 2,000 yards’ (Kullūka).

This verse is quoted in Aparārka (p. 234), which, in explaining the word ‘garta’, quotes from Kātyāyana to the effect that water-streams that do not run beyond 2004 yards are called ‘garta’. This same text is quoted by Kullūka as from Chandoga-pariśiṣṭa. [Buhler wrongly puts down this name as ‘Chandogya-priśiṣṭa’]. — ‘Prasravaṇa’ — is a small water-spring running down from hills.

It is quoted in Mitākṣarā (on 1.159), which adds that this rule refers to the daily compulsory bath; — in Kālaviveka (p. 330); — and in Vīramitrodaya (Āhnika, p. 181), which adds the following notes: — ‘Nadī’ should be taken as standing for such streams as never dry up; bathing in small streams which dry up being forbidden; — ‘devakhāta’ is that which is known as ‘dug by the gods’; — ‘taḍāga’ is an artificial water-reservoir, which is larger than 1,000 square yards; — while ‘Saras’ is smaller than the ‘Taḍāga’ but larger than 500 square yards; such is the explanation given by Hemādri. According to Kalpataru on the other hand, the ‘devakhāta taḍāga’ is such tank as is known to be connected with gods, at the Puṣkara lake (near Ajmer), and the ‘Saras’ is a small stream; — the ‘Garta’ is that which has been defined as running upto 2,004 yards; — and ‘Prasravaṇa’ is the water-fall.

It is quoted in Hemādri (Śrāddha, p. 867), which has the following notes: — ‘Nadī’ means a flowing current of water which never dries up completely, bathing in streams that dry up during summer being forbidden — ‘devakhāta’, such ditches and pools as are known to have been ‘dug by the gods’, — ‘taḍāga’, an artificial, water-reservoir which is over 1,000 and less than 2,000 cubits in size; and ‘Saraḥ’ is a tank which is over 1,000 cubits in size but smaller than a Taḍāga; ‘Garta’ is the name given to that reservoir of water whence water does not flow out, and which covers ground 8,000 ‘bow-lengths’ in size; and ‘Prasravaṇa’ is the water-fall, water flowing down a mountain-side.

 

Comparative notes by various authors:

Viṣṇu (64.16). — ‘He shall bathe in springs, in ponds dug by the gods and in lakes.’

Yājñavalkya (1.159). — ‘He shall bathe in rivers, in ponds dug by the gods and in springs.’

Mārkaṇḍeya (Aparārka, p. 235). — ‘Than water pulled out of the well, the water on the ground is more sacred; and more so is the water of a waterfall; better than that is lake-water; purer than that is river-water; purer than that is the water of a Tīrtha; and the water of the Gaṅgā is the most sacred of all.’

Yājñavalkya (Do.). — ‘When a larger water is available one shall not bathe in the smaller one; nor in an artificial one, where there is a river.’

 

 

VERSE 4.204

Section XIV - Other Duties

 

यमान् सेवेत सततं न नित्यं नियमान् बुधः ।
यमान् पतत्यकुर्वाणो नियमान् केवलान् भजन् ॥२०४॥

yamān seveta satataṃ na nityaṃ niyamān budhaḥ |
yamān patatyakurvāṇo niyamān kevalān bhajan ||204||

 

The wise man shall always observe the Restraints, but not necessarily the Observances. Not observing the Restraints, and keeping the Observances alone, he falls. — (204)

 

Medhātithi’s commentary (manubhāṣya):

‘Yamas,’ ‘Restraints,’ are negative, of the nature of prohibitions; e.g., ‘the Brāhmaṇa should not be killed,’ ‘wine should not be drunk,’ and so forth. The ‘niyamas,’ ‘observances,’ are positive in form, of the nature of something to be done; e.g., ‘one shall daily recite the Veda,’ and so forth.

‘Not necessarily the Observances.’ — This does not mean that one shall not keep the Observances; all that is meant is that the Restraints are more obligatory in their character than the Observances.

This is what is further emphasized: — ‘Not observing the Restraints, one falls.’ If the Restraints are not observed, it means that Brāhmaṇa-killing and such acts are done, which means that the man has become an outcast, and people do not find it advisable to sit near him or have any dealings with him. It is not so in the case of the non-keeping of the Observances. To this effect we have the following assertions current among cultured people: —

‘The man who keeps the Observances, but is not intent upon the Restraints, falls; but he who observes the Restraints, but not the Observances, does not suffer. Therefore, one should devote one’s attentions to the Restraints, not minding the Observances so much.’

For some people, the terms ‘Yama’ and ‘Niyama’ have technical significations, — e.g., (a) ‘not injuring others, truthfulness, continence, sinlessness, non-thieving, — these five constitute the Yamas, the major observances; (b) Absence of Anger, Attendance on the Teacher, Purity, Light Food, Carefulness, — these constitute the five Niyamas, the minor Observances.’

Even according to this view, the present verse indicates the relative importance of the two sets of duties.

Thus, what the present verse lays down is neither that one shall observe the Yamas, nor that one shall not keep the Observances; since both are equally prescribed by the scriptures. — (204)

 

Explanatory notes by Ganganath Jha:

‘Yama’ and ‘nigama’ are best taken as explained by Medhātithi; though Kullūka and others quote the somewhat artificial distinction made by Yājñavalkya (III. 313-314).

 

Comparative notes by various authors:

Yājñavalkya (3.312-313). — ‘Celibacy, Compassion, Forgiveness, Charitableness, Truthfulness, Straightforwardness, Harmlessness, Non-appropriation of other’s property, Sweet disposition and Self-control have been declared to be the

Restraints. — Bathing, Silence, Fasting, Sacrificing, Study, Control of the sexual organs, Attendance on the teacher, Cleanliness, Freedom from anger and Alertness are the Observances.’

Atri (47). — [Same as Manu.]

 

 

VERSE 4.205

Section XIV - Other Duties

 

नाश्रोत्रियतते यज्ञे ग्रामयाजिकृते तथा ।
स्त्रिया क्लीबेन च हुते भुञ्जीत ब्राह्मणः क्व चित् ॥२०५॥

nāśrotriyatate yajñe grāmayājikṛte tathā |
striyā klībena ca hute bhuñjīta brāhmaṇaḥ kva cit ||205||

 

The Brāhmaṇa shall never eat at a sacrifice performed by one who has not learnt the Veda; or at one performed by a village-priest, or at one offered by a woman or a eunuch. — (205).

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has closed the section on Positive Duties; now begins the section on prohibitions (Negative Duties).

Among the various acts it is that of eating which is likely to be done at random, — food being what is sought after most; hence the text proceeds with prohibitions regarding the act of eating.

‘Aśrotriya,’ ‘Non-śrotriya,’ is one who has not learnt the Veda; at the sacrifice ‘performed’ — undertaken — by him, — or at sacrifice at which the officiating priests are ignorant of the Veda — ‘the Brāhmaṇa shall not eat.’

‘Village-priest,’ — one who officiates as the priest of the entire village; where such a person, or a woman, offers the sacrifice.

In the Chāndogya, the authors of the Gṛhya -rules have described the performance of sacrifices by women, and it is in view of this that the text forbids eating at such sacrifices. Or, the prohibition may refer to that sacrifice at which the woman is the principal performer; her husband being beset with poverty and other disqualifications, and the woman being proud of the wealth acquired by her as dowry, or of the wealth possessed by her relations.

‘Eunuch’ — wanting in masculinity. — (205)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.290); — in Madanapārijāta (p. 944); — and in Vīramitrodaya (Āhnika, p. 494), which explains ‘aśrotriyatate’ as ‘that which is performed by such priests or sacrifices as are devoid of Vedic learning’; this prohibition must mean that one should not eat at such a sacrifice, even after Agniṣomīya-Vapāyāga; as regards the time before this, eating at a sacrifice is already forbidden by the general rule that ‘one should not eat the food belonging to one who has been initiated for a sacrificial performance’; — ‘grāmayājin’ is one who performs sacrifices for groups of men; and one should not eat at a sacrifice where such a priest makes the offerings; — nor should one eat at a house where Vaiśvadeva and other offerings have been made by a woman; this must be taken as applying to cases where such priests are available, for where they are not available, even women fire permitted to make the offerings; — ‘klība’ is ‘impotent’.

It is quoted in Hemādri (Śrāddha, p. 770); — and in Prāyaścittaviveka (p. 259), which adds the following notes — ‘aśrotrīya’, one who has not learnt the Veda, — ‘grāmayājī’, one who officiates as priest at the Śrāddha and other performances by several persons, or performs propitiatory rites for others; one should not go to a sacrifice where such a man happens to be the Hotṛ, priest.

 

Comparative notes by various authors:

Gautama (17.11). — ‘He shall keep away from honour at the hands of unequals.’

Āpastamba (1.19.27). — ‘The eunuch also.’

Vaśiṣṭha (14.14). — ‘He shall not take part in ceremonies performed by one who serves as the priest of many persons, or by one who initiates many persons.’

 

 

VERSE 4.206

Section XIV - Other Duties

 

अश्लीकमेतत् साधूनां यत्र जुह्वत्यमी हविः ।
प्रतीपमेतद् देवानां तस्मात् तत् परिवर्जयेत् ॥२०६॥

aślīkametat sādhūnāṃ yatra juhvatyamī haviḥ |
pratīpametad devānāṃ tasmāt tat parivarjayet ||206||

 

Where such persons pour the oblations, it is considered indecent by all good men; it is disagreeable to the gods; hence, one should avoid it — (206)

 

Medhātithi’s commentary (manubhāṣya):

This verse is supplementary to the foregoing prohibitive Injunction.

‘Indecent’ — blameworthy.

‘By good men’ — by all cultured people.

‘Where such persons pour the oblations,’ — i.e., offer sacrifices.

‘It is disagreeable’ — displeasing — ‘to the gods.’

‘Hence one should avoid’ — going to — ‘these sacrifices.’ — (206).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 494), which explains ‘aślīka’ as ‘conducive to adversity’, — and ‘pratīpa’ as ‘disagreeable’; — and in Prāyaścittaviveka (p. 250), which remarks that the entire verse is ‘Arthavāda’.

 

Comparative notes by various authors:

Vaśiṣṭha (14.5). — ‘The gods do not partake of the offerings of one who is suffering from white leprosy, or of one who has married a girl after puberty, or of one who is under the subjection of his wife, or of one who permits his wife’s paramour to live in the house.’

 

 

VERSE 4.207

Section XIV - Other Duties

 

मत्तक्रुद्धातुराणां च न भुञ्जीत कदा चन ।
केशकीटावपन्नं च पदा स्पृष्टं च कामतः ॥२०७॥

mattakruddhāturāṇāṃ ca na bhuñjīta kadā cana |
keśakīṭāvapannaṃ ca padā spṛṣṭaṃ ca kāmataḥ ||207||

 

He shalll never eat food offered by intoxicated or angry or sick persons; nor that which is contaminated by hair or insects, or that which has been intentionally touched with the foot. — (207)

 

Medhātithi’s commentary (manubhāṣya):

The food offered by such persons is to be avoided, so long as the intoxication and other conditions are actually on them.

Others explain the text to refer to habit; the sense being that one should avoid the food offered by such persons as are frequently drunk, — who are habitual drunkards.

Similarly, with one who has bad temper and is frequently obssessed by rage; or one who is mostly sick, a confirmed invalid.

‘What is contaminated by’ — spoilt by the touch of — ‘hair and insect.’ Among insects, there are some which contaminate the food by their presence when they are dead; e.g., flies and lizards; while others spoil it even when living.

The term ‘insect’ includes all small creatures, such as worms, flies, etc. And ‘hair’ includes nails and bristles, as also dirt and other things; — on the basis of usage.

‘What is touched with the foot intentionally;’ — there is no harm if it is touched simply through chance carelessness — (207).

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Mitākṣarā (on 3. 290); — in Madanapārijāta (p. 944); — and in Vīramitrodaya (Āhnika, p. 494), which explains ‘mattaḥ’ as ‘intoxicated, either by wine or by wealth etc.’ — and ‘āturaḥ’ as ‘afflicted with a very serious disease.’

This verse is quoted in Smṛtitattva (p. 451), which explains ‘Keśakītāvapanna’ as ‘defiled by the presence of hair or insects’; — and ‘Kāmataḥ’ as ‘intentionally’; — in Vīramitrodaya (Āhnika, p. 517), which adds that since the text has added the qualification ‘Kāmataḥ’, there should be no harm if the food happens to be touched by the foot unintentionally; — in Hemādri (Śrāddha, pp. 610 and 770); — in Smṛtisāroddhāra (p. 296); — and in Prāyaścittaviveka (p. 260), which explains ‘Keśakītāvapannam’ as ‘cooked along with hairs or insects’.

 

Comparative notes by various authors:

Gautama (17.9-10). — ‘What has been contaminated by hair or insect, or what has been defiled by the touch of the feet of a woman in her courses, or of the black bird.’

Āpastamba (1.16.23-28). — ‘That food in which there may be hair, — or some other unclean thing; — what has been defiled by unclean things: — or by such insects as live on unclean things: — or by the tail of the mouse; — or what has been defiled by the foot.’

Viṣṇu (5.18-19). — ‘What has been intentionally touched by the foot or sneezed upon; — also that belonging to the intoxicated, the enraged and the diseased.’

Yājñavalkya (1.162, 167, 168). — ‘The food offered by the physician, the diseased, the enraged, the loose woman, the intoxicated, the enemy, of one who is cruel or of the ‘Ugra,’ the outcast, the apostate, the hypocrite or persons feeding upon leavings; — flesh needlessly prepared and not offered to gods or Pitṛs, what contains hair or insects, food turned sour or kept overnight, touched by the dog or seen by the outcast; or touched by the woman in her courses, or what has been offered publicly or by mistake; what has been smelt by the cow, or partaken of by the dog, or touched by the foot intentionally.’

 

 

VERSE 4.208

Section XIV - Other Duties

 

भ्रूणघ्नावेक्षितं चैव संस्पृष्टं चाप्युदक्यया ।
पतत्रिणावलीढं च शुना संस्पृष्टमेव च ॥२०८॥

bhrūṇaghnāvekṣitaṃ caiva saṃspṛṣṭaṃ cāpyudakyayā |
patatriṇāvalīḍhaṃ ca śunā saṃspṛṣṭameva ca ||208||

 

Nor that which has been looked at by the Brāhmaṇa-slayer, or what has been toughed by a woman in her courses, or what has been pecked by the birds, or what has been touched by a dog. — (208)

 

Medhātithi’s commentary (manubhāṣya):

‘Bhrūnahā’ is the Brāhmaṇa-slayer; what has been ‘looked at’ — eagerly seen — by such a person. This is only illustrative; it indicates other sinful persons also. The prohibition of food touched by these persons follows from the rule that lays down the necessity of bathing on being touched by such sinners.

‘Udakyā’ is the woman in her courses; and what is forbidden is food touched — not merely seen — by her.

“As a matter of fact, the Text is going to lay down the necessity of bathing on touching a woman in her courses; this alone being sufficient to indicate her impurity, how could there be any possibility of any one taking the food touched by her (that the Author should have found it necessary to forbid it)?”

Our answer to this is as follows: — [ This prohibition was thought necessary, because ] in the first place, people might be led to eat food touched by her after having washed it; or secondly, in view of what has been said regarding the mention of the ‘Brāhmaṇa-slayer’ being illustrative, some one might be led to believe that this latter term is indicative of all those that are mentioned in verse 5.85; and, in that case, the prohibition would apply to the food even seen by the woman in her courses.

This same explanation applies to the prohibition of ‘what has been touched by a dog.’

It has been said that the term ‘Brāhmaṇa-slayer’ is indicative of other sinful outcasts also; and what are thus included are the ‘outcast,’ ‘the newly-delivered woman’ and others mentioned later on (in 5.85); and the ‘woman in her courses.’ also includes the newly-delivered woman.

‘Patatri’ is bird; and the birds meant are the carnivorous ones, the vulture, etc., and not the swan and other non-carnivorous ones; such being the usage among men. — (208)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 451), which explains ‘bhrūṇaghna’ as ‘an outcast,’ — ‘udakīyā’ as ‘the woman in her courses,’ — and ‘patatriṇavalīḍham’ as ‘what has been eaten by the crow and other birds.’

It is quoted in Vīramitrodaya (Āhnika, p. 518), which explains ‘udakīyā’ as ‘the woman in her courses,’ — ‘patatrin’ as ‘birds,’ — and ‘avalīḍham’ as ‘eaten’; — in Hemādri (Shraddha, p. 610); — in Prāyaścittaviveka (p. 260); — and in Smṛtisāroddhāra (p. 296).

 

Comparative notes by various authors:

Gautama (17.10-11). — ‘Touched by the woman in the courses or by the feet of birds; — seen by an abortionist, or smelt by the cow, or defiled in thought.’

Āpastamba (1.16.29-30). — ‘Seen by the dog or by an improper person.’

Viṣṇu (51.17). — ‘Seen by the abortionist, touched by the woman in her courses, pecked by birds, touched by the dog, smelt by the cow.’

Yājñavalkya (1.167.168). — (See above.)

Āpastamba (1.19.1). — ‘One who is intoxicated or insane or imprisoned, the paramour living in the house of his ladylove, or one who permits his wife’s paramour to live in the house — (the food of these should he avoided).’

Last Updated: 16 February, 2018

 

 

VERSE 4.209

Section XIV - Other Duties

 

गवा चान्नमुपघ्रातं घुष्टान्नं च विशेषतः ।
गणान्नं गणिकान्नं च विदुषा च जुगुप्सितम् ॥२०९॥

gavā cānnamupaghrātaṃ ghuṣṭānnaṃ ca viśeṣataḥ |
gaṇānnaṃ gaṇikānnaṃ ca viduṣā ca jugupsitam ||209||

 

Nor the food that has been smelt by the cow, nor particularly that food which has been publicly offered, nor the food that belongs to a multitude, nor the food of the harlot, nor that which has been censured by the learned. — (209)

 

Medhātithi’s commentary (manubhāṣya):

‘Food publicly offered,’ — the food that is given at temples or sacrificial sessions, by public notice, to all coiners, without any invitation to individuals. Or, it may mean ‘what is given to one person after having been promised to another.’

The root, ‘Ghuṣ’ has been declared to mean to announce; so that people regard the present verse as refering to cases where there is no announcement; and what is forbidden, therefore, is eating, without invitation, at sacrifices, marriages and such other functions.

The ‘gaṇa,’ meant by the text is multitude, company; hence the name is not applied to a number of brothers living together undivided. It is declared in Discourse IX that ‘there is a single duty operating among brothers living jointly’; and the duty therein referred to is the receiving of guests, and so forth; all which is made clear under 9.105, where the ‘eldest brother’ is declared as inheriting the entire parental property; and it is this inheritance that indicates his liability to fulfil the duties also.

What is forbidden is what is not induced in the parental heritage, even though it belong in common to all.

‘Harlot’ is the public woman.

‘Censured’ — deprecated, — ‘by the learned’, — even though it be something edible; e.g., the lotus-stalk, the oil-cake, and so forth. — (209)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Mitākṣarā (on 3.290).

The verse is quoted in Smṛtitattva (p. 451), which explains ‘ghuṣṭānnam’ as ‘the food that is offered at sacrificial sessions and other similar occasions, to all and sundry by public proclamation’; — and in Vīramitrodaya (Āhnika, p. 495), which explains ‘ghuṣṭānna’ in the same manner as Smṛtitattva, but quotes Medhātithi’s second alternative explanation of it as ‘what had been previously promised to another person’; ‘viśeṣataḥ’ has been added with a view to indicate the exceptional objectionability of the food; — ‘gaṇa’ is ‘multitude,’ — this term is not applicable to brothers who have not separated; — ‘gaṇikā’ is a ‘prostitute’; — ‘what has been condemned by a disinterested person learned in the Veda, even without his detecting any of the specified defects.’

It is quoted in Hemādri (Śrāddha, pp. 510 and 771); — and in Prāyaścittaviveka (p. 260), which adds the following notes: — ‘Ghuṣṭānnam’, that food which is offered publicly with such words as ‘who is there who will take this food?’, — ‘gaṇānnam’ food cooked by several persons jointly.

 

Comparative notes by various authors:

Gautama (17.11). — (See above.)

(Do.) (17. 15). — ‘What has been touched by the unchaste woman, the accused person, or one who is unknown, or one who is undergoing punishment, or the carpenter, the miser, the physician, the fowler, one who lives upon leavings, — of the multitude or of enemies.’

Āpastamba (17.5). — ‘What has been smelt by men, or by other unclean animals.’

(Do.) (18.16-17). — ‘The food belonging to a multitude should not be eaten, or what has been censured.’

Vaśiṣṭha (14.4). — ‘What has been publicly offered, or the food belonging to a multitude or to a harlot.’

Viṣṇu (61.7, 9, 17). — ‘The food belonging to a multitude or to a harlot or to a thief or to a singer — if one eats this he should live for seven days on milk only, — also the food belonging to a woman, a miser, one who has been initiated for a sacrifice, one who is accused of a crime, or the eunuch. What has been seen by the abortionist, or touched by the woman in her courses, or pecked by birds, or touched by the dog or smelt by the cow.’

Yājñavalkya (1.168). — (See above.)

(Do.) (1.161.). — ‘Food belonging to a miser, a prisoner, a thief, a eunuch, an actor, a dealer in bamboos, one accused of a crime, an usurer, a harlot, a multitude, or the person initiated for a sacrifice.’

 

 

VERSE 4.210

Section XIV - Other Duties

 

स्तेनगायनयोश्चान्नं तक्ष्ह्णो वार्धुषिकस्य च ।
दीक्षितस्य कदर्यस्य बद्धस्य निगडस्य च ॥२१०॥

stenagāyanayoścānnaṃ takṣhṇo vārdhuṣikasya ca |
dīkṣitasya kadaryasya baddhasya nigaḍasya ca ||210||

 

Nor the food of the thief or the singer, nor of the carpenter, the usurer, of the initiated person, of the miser, the prisoner and the fettered. — (210)

 

Medhātithi’s commentary (manubhāṣya):

‘Singer,’ — Who lives by singing. The ordinary occasional singing of popular songs is actually laid down.

‘Miser’ — niggard.

The difference between the ‘prisoner’ and the ‘fettered’ is, that the former may be imprisoned by mere words (verbal orders), while the latter is actually bound in ropes and iron-chains.

Some people read ‘viśadasya’ for ‘nigadasya;’ — ‘viśaḍa’ being explained as ‘man in trouble.’ — (210)

 

Explanatory notes by Ganganath Jha:

‘Baddhasya nigaḍasya;’ — ‘One who is only verbally confined and one who is bound with cords or iron chains’ (Medhātithi); — ‘one bound with chains’ (Kullūka).

This verse is quoted in Mitākṣarā (on 3.290); — in Madanapārijāta (p. 944); — in Smṛtitattva (p. 451); — and in Vīramitrodaya (Āhnika, p. 495) which adds the following notes: — ‘Stena’ is ‘one who takes away what belongs to another,’ — ‘gāyana’ is ‘one who makes a living by singing,’ — ‘takṣan’ is ‘one who has carpentery for his livelihood,’ — and ‘Vārdhuṣika’ is ‘one who makes a living by charging improper rates of interest, or by making undue profits by trade; and adds that the term is also applied to one who brags of his own superior virtues and decries others’ — this on the strength of a text quoted from Viṣṇu; — ‘dīkṣita’ is ‘one who has been consecrated by means of the Dīkṣaṇīya-Iṣṭi,’ — whose food should not be eaten prior to the ceremony of purchasing the Soma, or before the Agnīṣomīya vapāyāga; — ‘kadarya’ is ‘the miser,’ defined by Devala as ‘one who, through greed for amassing wealth, causes suffering to himself, his wife and children, as also hinders the right fulfilment of his religious duties’; — ‘baddhasya’ means ‘bound with ropes,’ or ‘bound only verbally,’ — and ‘nigaḍasya’ means ‘one who is in chains’; though ‘nigaḍa’ means ‘chains’ only, yet it stands here for one who is in chains; [this is as Medhātithi has explained the terms]; or the genitive in ‘nigaḍasya’ may be taken in the sense of the instrumental, so that, the two words ‘baddhasya nigaḍasya’ may be taken together as ‘nigadena baddhasya’ (one bound in chains); — this according to Kalpataru.

This is quoted in Hemādri (Śrāddha, p. 710); — and in Prāyaścittaviveka (p. 260), which defines ‘Vārdhuṣika’ according to Yama as ‘one who buys things cheap, and sells them dear, as also one who makes a living by lending money on interest’; and explains ‘dīkṣitaḥ’ as ‘the person who has performed the Dīkṣaṇīya Iṣṭi’; his food is forbidden till the end of the sacrifice in connection with which that Iṣṭi has been performed, — and ‘kadarya’as ‘he who amasses wealth at the cost of much discomfort to himself, his religious performances, his wife and children; — ‘baddhasya,’ one who is tied with a rope, — ‘nigaḍa,’ chain.

 

Comparative notes by various authors:

Gautama (17.15). — (See above.)

Āpastamba (1.18.18, 22, 23). — ‘Of all those who live by arts and crafts; — also the usurer, — also one who has been initiated for the sacrifice, until he has bought the Soma.’

(Do.) (1.19.1). — (See above, under 208.)

Vaśiṣṭha (14.2-3). — ‘The food offered by the following should not be eaten — the physician, the fowler, the loose woman, the thief, the accused, the eunuch, the outcast; — the miser, the initiated person, the invalid, the Soma-seller, the carpenter, the dyer, the oil-presser, the usurer, the leather-dealer.’

Yājñavalkya (1.161). — (See above, under 209.)

Viṣṇu (51.7). — (Do.)

Mahābhārata (Śānti, 35.29). — ‘Of the initiated person, of the sacrifice-seller, of the carpenter, of the leather-dealer, of the loose’woman and of the dyer (the food should not be eaten).’

 

 

VERSE 4.211

Section XIV - Other Duties

 

अभिशस्तस्य षण्ढस्य पुंश्चल्या दाम्भिकस्य च ।
शुक्तं पर्युषितं चैव शूद्रस्योच्छिष्टमेव च ॥२११॥

abhiśastasya ṣaṇḍhasya puṃścalyā dāmbhikasya ca |
śuktaṃ paryuṣitaṃ caiva śūdrasyocchiṣṭameva ca ||211||

 

Nor the food of an accused person, or of the hermaphrodite, or the unchaste woman, or the hypocrite; nor the food turned sour, or that kept overnight, or what forms the leavings of the Śūdra. — (211)

 

Medhātithi’s commentary (manubhāṣya):

‘Unchaste woman’ — one who has sexual intercourse with any and every person.

“The food of the harlot has been already forbidden [so that the present text would appear to be superfluous].”

It is not so; the ‘unchaste woman’ is totally different from the ‘harlot.’ The ‘harlot’ is one that makes a living by her beauty; while the ‘unchaste woman’ is one who is unstable in her sexual passions.

‘Hypocrite’ — the ‘man of cat-like behaviour’ and others of similar bad conduct.

‘The Śūdra’s leavings’ are specially forbidden here for the purpose of indicating the heaviness of the expiatory panance necessitated by it; — the partaking of the leavings of all men having been already forbidden.

Others explain the terms, ‘Śūdra’s leavings,’ to mean the food left in the dish, after the Śūdra has eaten out of it.

Another reading is ‘ucchiṣṭamagurostathā,’ ‘the leavings of persons other than one’s teacher.’

As a matter of fact, the term ‘ucchiṣṭa’ stands for that which has been defiled by the touch of another person, as also for that which has been left after another person has eaten. In the latter sense, if one’s own ‘leavings’ were prohibited, then every one would have to cat the whole of one’s food as a single morsel. Nor is it the custom among cultured people that, after having eaten one morsel of food, the man washes his hands and mouth and eats the next morsel out of another dish. As for the prohibition that ‘one Should not cat the food once partaken of,’ what this forbids is the interruption of the meal by such acts as rising to receive a guest, and so forth, till one has had one’s fill and till one has washed; after which the touch of others involves no harm.

Where several persons are dining together, even if they happen to touch one another, — as this touching is something totally different, — it would not be a case of ‘eating the leavings.’ As a matter of fact, the Father, along with his sons, always partakes of the food left by guests. Āpastamba and others have deprecated eating with uninitiated sons, — not with the initiated ones.

According to this view, the prohibition would apply to eating in the company of men of other castes; and, in all such cases, some intervening screen shall he set up between the two persons. As for ‘leavings,’ in the sense of what has been left after one has eaten, — this is forbidden, whether it be one’s own ‘leavings’ or those of some other person, — (211).

 

Explanatory notes by Ganganath Jha:

‘Śūdrasyocchiṣṭam’ — ‘Food of a Śūdra, and the leavings of any man’ (Kullūka and Nārāyaṇa); — ‘the leavings of a Śūdra’ (Medhātithi, Rāghavānanda, Govindarāja and Nandana).

This verse is quoted in Mitākṣarā (on 3. 290); — in Smṛtitattva (p. 451) which explains ‘paryuṣitam’ as ‘food kept overnight’, and ‘ucchiṣṭa’ as ‘leavings’; — and in Vīramitrodaya (Āhnika, p. 495) which adds the following notes: — ‘Abhiśasta’ is ‘one accused of such crimes as make one outcast,’ — ‘ṣanḍaka’ is ‘hermaphrodite,’ — ‘puṃścalī’ is ‘unchaste woman,’ — ‘dāmbhika’ is ‘the religious hypocrite,’ — ‘śukta’ is that which has been very much soured by the contact of the juice of other things, — ‘paryuṣita’ is ‘food kept over-night,’ even though not soured; — according to Haradatta, food cooked during the day becomes ‘paryuṣita’ after sunset, and that cooked during the night becomes so after sunrise; — one should not eat the ‘leavings’ of a Śūdra; though the eating of all ‘leavings’ has been forbidden, yet that of the Śūdra has been specified for the purpose of indicating that this is doubly objectionable; — or the meaning of the clause ‘śūdrasyocchiṣṭam’ may be that ‘one should not eat a Śūdra’s food, nor the leavings of any person’; — or ‘out of the dish out of which a Śūdra has eaten and left some food.’

It is quoted in Hemādri (Śrāddha, p. 772); — and in Prāyaścittaviveka (p. 250) which explains ‘ṣaṇḍaka’ as ‘sexless’; and adds that of ‘śaktu’ and ‘paryuṣita’ food, only repeated eating involves expiation.

 

Comparative notes by various authors:

Gautama (17, 14-16). — ‘Food kept overnight (should be avoided), with the exception of vegetables, oils, meat and honey: — also the food of the loose woman, the accused, etc., etc., — of those unfit for company, except the baldheaded.’

Āpastamba (1.17.17-20). — ‘Cooked food kept overnight, — food turned sour, etc.’

(Do.) (1.18.13). — ‘One may eat food offered by men of all castes, who are devoted to their duties; except the Śūdra.’

Vaśiṣṭha (14.2, 3, 16. 17, 28, 29). — ‘The food offered by the following shall not bo eaten — the physician,...... the loose woman, the accused, the eunuch and the outcast; — the Śūdra, who wields weapons, the paramour, one who permits the paramour in his house, — of the eunuch, the unchaste woman, it is not accepted; no leavings except those of the teacher shall be eaten; nor what has been defiled by the touch of leavings.’

Viṣṇu (51.9,10). — ‘Of the usurer, the miser, the initiated, the accused, the eunuch, the loose woman, the hypocrite, the physician, the fowler, the cruel man, the Ugra, and those who live upon leavings.’

Yājñavalkya (1.161). — (See above.)

(Do.) (1.162). — ‘Of the physician, the invalid, the enraged, the loose woman, the intoxicated, the enemy, the cruel man, the Ugra, the outcast, the apostate, the hypocrite, and those who live on leavings.’

Gobhila (3.5.9,10). — ‘Not what has been left overnight; — except vegetables, meat and preparations of barley-flour.’

 

 

VERSE 4.212

Section XIV - Other Duties

 

चिकित्सकस्य मृगयोः क्रूरस्योच्छिष्टभोजिनः ।
उग्रान्नं सूतिकान्नं च पर्याचान्तमनिर्दशम् ॥२१२॥

cikitsakasya mṛgayoḥ krūrasyocchiṣṭabhojinaḥ |
ugrānnaṃ sūtikānnaṃ ca paryācāntamanirdaśam ||212||

 

Nor the food of this physician, or of the hunter, or of a cruel person, or of one who lives on leavings; nor the food of the “Ugra;” nor what has been cooked for the newly-delivered woman, until ten days have passed; nor that which has been interrupted by washing. — (212)

 

Medhātithi’s commentary (manubhāṣya):

‘Hunter,’ — the professional hunter of animals; one who kills animals for purposes of hunting, or for the purpose of selling their flesh.

‘Cruel,’ — whose nature is not straightforward, who is difficult to please.

‘One who lives on leavings,’ — i.e., one who eats such leavings as have been forbidden.

‘Ugra’ — is the name of a special sub-caste. In the Veda, the term is applied to a kind of king, one who forms the central link in the chain of the king’s alliance. There is no other prohibition regarding such a king; it is only in course of showing the evils arising from eating the food of such kings that we rend — ‘the food given by kings deprives one of one’s energy,’ from which some sort of prohibition may be inferred. [For all these reasons, the term ‘Ugra’ in the text must be taken to stand for a particular mixed caste, and not for the king ].

‘Sūtikānnam’ is food prepared for the woman in childbed; and this should not be eaten even by men of her own family.

This food is to be avoided ‘until, ten days have passed.’ Though, in the case of the Kṣatriya and other castes, the period of impurity lasts longer than ten days, yet the food is to be avoided for ten days only.

Another reading is ‘sūtakānnam;’ and the term ‘sūtaka,’ ‘impurity,’ due to child-birth, in this case, would indicate the persons under that impurity; the meaning being that ‘one should not eat for ten days the food offered by persons, in whose family there is impurity due to child-birth.’ This prohibition applies to those cases in which, for all persons, the period of impurity due to child-birth extends over ten days. But if the view be taken that impurity due to childbirth applies to the parents only, or to the mother only, — then food is to be avoided as long as the period of impurity may last in each particular case; — the term ‘until ten days have passed’ being indicative of the ‘period of impurity.’ Thus Kṣattñyas and others would have their food avoided during such time as the period of impurity may last in each individual case.

‘Sūtikānnamanirdaśam’ being the right form of the expression, the term ‘paryācāntam,’ ‘that which has been interrupted by washing,’ has been made to intervene (between the words, ‘sūtikānnam’ and ‘anirdaśam’) by considerations of metrical exegencies.

Others have taken ‘anirdaśam’ separately, by itself (and not as qualifying ‘sūtakānnam’). Under this, the term ‘sūtaka’ would indicate the period of impurity, and ‘anirdaśam’ would stand for the milk of the cow and other animals (within ten days of their calving).

‘Interrupted by washing’ — in course of which rinsing and washing have been done. If, for some reason, the person washes his hand, then he should not eat of the food left in the dish. — (212)

 

Explanatory notes by Ganganath Jha:

‘Ugra’ — ‘A man of the Ugra caste’ (Medhātithi, Govindarāja, Nārāyaṇa and Nandana) — ‘a king’ (suggested by Medhātithi, and Govindarāja); — ‘one who perpetrates dreadful deeds’ (Kullūka and Rāghavānanda).

This verse is quoted in Mitākṣarā (on 3.290); — in Smṛtitattva (p. 451), which adds the following notes: — The food that has been cooked for the newly-delivered woman should not he eaten by members of her family; — ‘paryācānta’ — when several men are eating in a line, if any one of them happen to rinse his mouth, the others should not continue to eat; — ‘anirdaśam’ is the food of a man who has not got rid of the impurity due to child-birth.

It is quoted in Madanapārijāta (p. 945); — and in Vīramitrodaya (Āhnika, p. 495), which adds — ‘chikitsaka’ is ‘one who makes a living by administering medicine’; — ‘mṛgayu’ is one who kills animals by means other than arrows, i.e., by means of traps and such contrivances; — ‘Krūra’ is the man who harbours within him much anger, i.e., ill-tempered; — ‘ucchiṣṭabhojī’ — who eats such leavings as are forbidden; — ‘ugra’ is one who does cruel deeds, or one who is born of a Kṣatriya father and Vaiśya mother, or a king; — ‘Sūtikānnam’ — the food that has been cooked for a newly-delivered woman should not be eaten even by members of her own family; — ‘paryācāntam,’ — when several men are eating in a line, if some one should ignore the presence of others and rinse his mouth, then the food before the others becomes ‘paryācānta’; but there is no harm if the person rinsing his mouth happen to be one’s ‘elder’; — or ‘paryācānta’ may be explained as that food over which the water of mouth-washing has been thrown; — ‘anirdaśam’ is the food of a person still impure by reason of child-birth.

It is quoted in Hemādri (Śrāddha, p. 772); — and in Prāyaścittaviveka (p. 200) which has the following notes: — ‘sūtikānnam’, food cooked for a woman newly delivered; ‘within ten days of the delivery’ (‘anirdaśam’), according to the commentator who says that ‘anirdaśam’ qualifies ‘sūtikānnam’; — ‘paryācāntam’, which is in close proximity to the water dropped in rinsing the mouth.

 

Comparative notes by various authors:

Gautama (17.15). — (See above.)

(Do.) (17. 20). — ‘The milk of the cow before the lapse of ten days since her calving.’

Āpastamba (1.19.14-16). — (See above.)

(Do.) (1. 16. 18). — ‘When any one dies in a family, one should not eat there until ten days have passed.’ Āpastamba (1.18.21). — ‘The physician.’

Viṣṇu (51.10). — ‘The food of the loose woman, the hypocrite, the physician, the fowler, the cruel man, and those who live upon leavings.’

Yājñavalkya (1.162). — (See above.)

Mahābhārata (Śānti, 35.30) — ‘The food of the physician, of the guard, of the multitude, of people accused of crimes, and of those who make a living by acting or by women.’

 

 

VERSE 4.213

Section XIV - Other Duties

 

अनर्चितं वृथामांसमवीरायाश्च योषितः ।
द्विषदन्नं नगर्यन्नं पतितान्नमवक्षुतम् ॥२१३॥

anarcitaṃ vṛthāmāṃsamavīrāyāśca yoṣitaḥ |
dviṣadannaṃ nagaryannaṃ patitānnamavakṣutam ||213||

 

Nor what is offered without respect, nor improper meat, nor food belonging to a male-less female, nor the food of an eneny, nor the food of the city-lord, nor the food of an outcast, nor that which has been sneezed at. — (213)

 

Medhātithi’s commentary (manubhāṣya):

‘Offered without respect,’ — that which is given in a disrespectful maimer, to a person who deserves to be treated with respect. This does not refer to food that may be offered by friends and others.

‘Improper meat,’ — which has been cooked for one’s own self, and is not the remnant of the worship of gods.

‘Maleless female,’ — one who has neither husband nor son.

‘Enemy,’ — an adversary.

‘City-lord’ — one who is the master of a city, though not a king.

‘Which has been sneered at,’ — over which some one has sneezed. — (213)

 

Explanatory notes by Ganganath Jha:

‘Nagaryannam’ — ‘Food given by the lord of a city, even though he may not be a king’ (Medhātithi); ‘food belonging to a whole town’ (Kullūka and Govindarāja).

This verse is quoted in Mitākṣarā (on 3.290); — and in Smṛtitattva (p. 451) which says — ‘anarcita’ is that which is given in an insulting manner; ‘vṛthā-māṃsa’ is that which has not been prepared for offering to the gods and Pitṛs; — the ‘avīrā’ woman is one who has no husband or son; this prohibition applies to only such women as are not related to one’s self; — ‘nagaryanna’ is the food belonging to the master of a city; — ‘avakṣuta’ is that over which some one has sneezed.

It is quoted in Madanapārijāta (p. 945); — and in Vīramitrodaya (Āhnika, p. 495), which adds the following notes: — ‘anarcita’, — the food is so called when it is offered without due respect, to one who deserves respect; — ‘vṛthāmāṃsa’ is that meat which has not been cooked for offering to the gods and Pitṛs; — ‘avīrā’ is a woman without husband or sons, or grandsons or great-grandsons; this prohibition applies to the case of an unrelated woman, such being the custom, says Śūlapāṇi; — ‘dviṣat’, — is one who causes injury; — ‘nagarī’ is the master of a city, even though he may not be the king, says Medhātithi; — ‘patita’ is the Brāhmaṇa-murderer and the like; — ‘avakṣutam’ — sneezed upon.

It is quoted in Hemādri (Śrāddha, p. 773); — and in Prāyaścittaviveka (p. 260), which adds the following notes: — ‘Anarcitam’, rejected as bad, — ‘avīrā’, a woman without husband or sons or any male relatives, — ‘nagarī’ means a ‘person in charge of a city’, — ‘avakṣutam’, which has been sneezed upon.

 

Comparative notes by various authors:

Gautama (17.17-19). — ‘Food needlessly cooked; — also food offered without respect.’

Āpastamba (1.17. 4). — ‘The food that is given after chiding.’

(Do.) (2.6.19). — ‘One should not eat the food of that person towards whom one is unfriendly, or who is unfriendly to one; or defective meat.’

Vaśiṣṭha (14.2). — (See above.)

Viṣṇu (51.11, 18, 10). — ‘Food of the maleless woman, of the goldsmith, of the enemy, of the outcast; — food intentionally touched with the feet, or sneezed upon; improper meat, and that offered without respect.’

Yājñavalkya (1.162-104). — ‘Of the physician...... the enemy, the outcast......; — of the maleless woman, of the goldsmith, of the man who is controlled by his wife, of the village-sacrificer, of the man selling weapons, of the carpenter, of the weaver and of one who makes a living by dogs; — of the cruel king, of the dyer, of the ungrateful man, of the man who lives by slaughtering animals, of the clothes-washer, of the wine-seller, and of the man who permits his wife’s paramour to live in the house.’

 

 

VERSE 4.214

Section XIV - Other Duties

 

पिशुनानृतिनोश्चान्नं क्रतुविक्रयिणस्तथा ।
शैलूषतुन्नवायान्नं कृतघ्नस्यान्नमेव च ॥२१४॥

piśunānṛtinoścānnaṃ kratuvikrayiṇastathā |
śailūṣatunnavāyānnaṃ kṛtaghnasyānnameva ca ||214||

 

Nor the food of the informer and the perjurer, or of the seller of sacrifices; nor the food of the actor or the tailor; nor the food of the ungrateful person. — (214)

 

Medhātithi’s commentary (manubhāṣya):

‘Informer,’ — one who betrays the confidence reposed in him; or one who talks ill of persons behind their back.

‘Perjurer,’ — who has given false evidence.

‘Seller of sacrifices,’ — who, having performed a sacrifice, sells its fruit; i.e., says to another person, — ‘May the fruit of this sacrifice be yours,’ and receives a price for it. Though, in reality, there can be no ‘selling’ of a sacrifice, yet, what is forbidden, is the food of a person who makes such living, or who undertakes sacrifice with a view to cheat others.

‘Śailūṣa’ — is actor; or, according to others, he who exposes his wife for the public. Another Smṛti is more specific — ‘he who lives by dancing.’

‘Tailor’ — He who works with the needle,

‘Ungrateful person,’ — he who nullities the good that has been done to him; on the contrary, proceeds to do harm to his helper, and not to do a good turn to him, even though capable of doing so. — (214)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.290); — in Madanapārijāta (p. 945); — and in Vīramitrodaya (Āhnika, p. 495), which adds the following notes: — ‘Piśuna’ is the back-biter, — ‘anṛtī’ is the perjuror and such others, — the person who makes over to another person the merit of a sacrificial performance and receives money in return is called ‘Kratuvikrayaka’; — ‘śailūṣa’ is one who makes a living by dancing, — ‘tantuvāya’ is one who lives by weaving cloth; — ‘kṛtaghna’ is the person who does not acknowledge the good done to him; — in Hemādri (Śrāddha, p. 773); — and in Prāyaścittaviveka (p. 260), which adds the following notes: — ‘Śailūṣa’ is defined in the Adipurāṇa as ‘an actor who is looking out for a living’, — ‘Tunnavāya’ ‘one who works with needles.’

 

Comparative notes by various authors:

Āpastamba (1.18.30). — ‘Of the spy.’

Viṣṇu (51.12-18). — ‘Of the informer, the perjuror, the seller of his soul, the seller of juices; — of the actor, the weaver, the ungrateful man and of the dyer.’

Yājñavalkya (1.161-165). — ‘Of the miser, the prisoner, the thief, the eunuch, the actor, the seller of weapons, the carpenter, the weaver and those living by dogs; — of the cruel king, of the dyer, of the ungrateful man, the wine-seller; of the informer, the perjuror, the bard, and of the Soma-seller; — the food of these should not be eaten.’

Vaśiṣṭha (14.3). — ‘Of the miser, the initiated man, the prisoner, the invalid, the Soma-seller and the carpenter.’

Mahābhārata (Śānti. 35.21). — ‘Of the initiated person, the miser, the sacrifice-seller.’

 

 

VERSE 4.215

Section XIV - Other Duties

 

कर्मारस्य निषादस्य रङ्गावतारकस्य च ।
सुवर्णकर्तुर्वेणस्य शस्त्रविक्रयिणस्तथा ॥२१५॥

karmārasya niṣādasya raṅgāvatārakasya ca |
suvarṇakarturveṇasya śastravikrayiṇastathā ||215||

 

‘Nor or the blacksmith, of the Niṣāda, of the stage-player, of the goldsmith, of the plater of musical instruments, or of the dealer in weapons, — (215).’

 

Medhātithi’s commentary (manubhāṣya):

‘Karmakāra’ — the blacksmith.

‘Niṣāda,’ — going to be described under Discourse X (as the son of a Brāhmaṇa from a Śūdra wife).

‘Stage-player,’ — the wrestler and such other persons, apart from the dancer and the singer (who have been separately mentioned); — or the curious person who visits every kind of stage.

‘Veṇa,’ — one who lives by playing on musical instruments.

‘Dealer in weapons,’ — who sells either wrought iron weapons, as the sword and the like, or unwrought iron. — (215)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.290); — in Madanapārijāta (p. 945); — and in Vīramitrodaya

(Āhnika, p. 495), which adds the following notes: — ‘Karmāra’ is the iron-smith, — ‘niṣāda’ is a particular mixed caste, — ‘raṅgāvatāraka’ persons, other than the dancer and the singer, who help in the stage; or, as Medhātithi says, one who, through curiosity, visits each and every stage; — ‘suvarṇakartā’ is one who alters gold, — ‘Vaiṇa’ is the person living by piercing bamboos, or, as Medhātithi says, one who makes a living by making bamboo-flutes; — in Hemādri (Śrāddha, p. 773); — and in Prāyaścittaviveka (p. 260), which explains ‘niṣāda’ as ‘an inversely mixed caste — ‘raṅgāvatāraka’ as ‘one who helps, in a subordinate capacity, at theatrical performances by singing or dancing’, — ‘veṇa’, one who deals in articles made of bamboo.

 

Comparative notes by various authors:

Yājñavalkya (1.161-163). — (See above.)

Āpastamba (1.18.19). — ‘Those who make a living by weapons.’

Viṣṇu (51. 14). — ‘The blacksmith, the Nīṣāda, the stage-player, and dealers in bamboos and weapons.’

Mahābhārata (Śānti., 35, 27, 30). — ‘The food of the goldsmith, and of the maleless woman; — of multitudes, of villages, of the accused and of those who make a living by the stage or by women.’

 

 

VERSE 4.216

Section XIV - Other Duties

 

श्ववतां शौण्डिकानां च चैलनिर्णेजकस्य च ।
रञ्जकस्य नृशंसस्य यस्य चोपपतिर्गृहे ॥२१६॥

śvavatāṃ śauṇḍikānāṃ ca cailanirṇejakasya ca |
rañjakasya nṛśaṃsasya yasya copapatirgṛhe ||216||

 

Nor of dog-keepers, or of wine-sellers or of the clothes-washer, or of the dyer, or of the bard, or of the man in whose house there is a paramour. — (210)

 

Medhātithi’s commentary (manubhāṣya):

Those who keep dogs for hunting purposes are called ‘dog-keepers.’

‘Wine-sellers,’ — those who deal in wines; or those who make a living in wine-shops.

‘Clothes-washer,’ — he who washes and cleans clothes; another name for them is ‘Kāruka.’

‘Dyer’ — one who dyes clothes in blue and other colours.

‘Nṛśaṃsa’ — is one who sings the praises of men, known as the ‘bandī,’ ‘bard.’ Or, it may stand for the pitiless man.

He in whose house there lives the paramour of his wife. — (216)

 

Explanatory notes by Ganganath Jha:

‘Nṛśaṃsa’ — ‘cruel person’ (Medhātithi, Govindarāja and Kullūka); — ‘a bard’ (Nārāyaṇa and Rāghavānanda, also suggested by Medhātithi).

This verse is quoted in Mitākṣarā (on 3.290); — in Madanapārijāta (p. 945), — and in Vīramitrodaya (Āhnika, p. 496), which adds the following — ‘Śvavān’ is one who keeps dogs for hunting-purposes, — ‘Śauṇḍika’ is the liquor-seller, — ‘Celanirṇejaka’ is one who lives by washing clothes, — ‘rajaka’ is the cloth-dyer, — ‘nṛśaṃsa’ is one devoid of pity — and the man in whose house a recognised paramour lives; — in Hemādri (Śrāddha, p. 774); — and in Prāyaścittaviveka (p. 251), which explains ‘Śvavān’ as ‘one who keeps dogs for hunting purposes’ and remarks that ‘Śauṇḍika’ and the other terms stand for the twice-born person who follows these professions.

 

Comparative notes by various authors:

Vaśiṣṭha (14.3, 6). — ‘The miser, the initiated, the imprisoned, the diseased, the Soma-seller, the carpenter, the dyer, the wine-seller, the spy, the usurer, the dealer in leather, the Śūdra, the weapon-wielder, the paramour, the person who permits a paramour, who burns houses, he who kills for the sake of other people eating the meat. The gods eat not the food of the dog-keeper, nor of the man who has a Śūdra wife, nor of the man controlled by his wife, nor of one who permits a paramour in the house.’

Vyāsa (3.51). — ‘The actor, the wine-seller, the intoxicated, the apostate and those who have neglected their vows.’

Gautama (17.18). — (See above.)

Viṣṇu (51.16-16). — ‘One who makes a living by dogs, the wine-seller, the oilsman, the clothes-washer, the woman in her courses, and of the man who has a paramour in the house of his wife.’

Yājñavalkya (1.163, 164). — (See above.)

 

 

VERSE 4.217

Section XIV - Other Duties

 

मृष्यन्ति ये चोपपतिं स्त्रीजितानां च सर्वशः ।
अनिर्दशं च प्रेतान्नमतुष्टिकरमेव च ॥२१७॥

mṛṣyanti ye copapatiṃ strījitānāṃ ca sarvaśaḥ |
anirdaśaṃ ca pretānnamatuṣṭikarameva ca ||217||

 

Nor of thos e who bear the presence of the paramour, or of those who are entirely ruled b y women; nor the food of those in whose house death has occurred and the ten days have not passed; nor that which is disagree able. — (217)

 

Medhātithi’s commentary (manubhāṣya):

The man mentioned in the preceding verse is one who does not know of the presence of his wife’s paramour; while the one mentioned here is one who knows it, and suffers it, and does not check his wife. If the man does not know of the presence of the paramour, who comes from another house, then the food given by such a man is not forbidden.

‘Who are ruled by women,’ — those persons in whose house the wife is the sole mistress and dispenser; and who are not master of themselves or of their dependants; who are entirely under the control of their wives.

‘Pretānnam;’ — when one is impure, on account of death in his house, the food belonging to the members of his family is forbidden. — ‘Ten days have not passed;’ — this indicates the period of time.

If the term, ‘anirdaśam’ (of verse 212), is to be taken by itself, as forbidding the food belonging to ‘impure’ persons, then ‘the food belonging to persons in whose house there has been death’ being already included there, the present term would stand for the food of those persons who are directly connected with the impurity; such persons, for instance, as the friends and maternal relations of the dead. Similarly, one shall not eat the food belonging to one who may be engaged in the performance of such rites as the

‘Caturthī-Śrāddha,’ and the like, which is undertaken through sympathy with the person in whose house the death has occurred. Such śrāddhas have been mentioned by the Authors of Gṛhyasūtras, as also in the Rāmāyaṇa, in such passages as — ‘The tenth-day Śrāddha, the Ninth-day Śrāddha, the Eighth-day Śrāddha, the Fourth-day Śrāddha, etc.’

‘What is disagreeable;’ — by eating which one does not feel happy. — (217)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.190) in Madanapārijāta (p. 945); — and in Vīramitrodaya (Āhnika, p. 496), which adds that one should not eat the food of a person who brooks the presence of a paramour in his house, as also of one who, in all things (sarvaśaḥ) is under the sway of women, — ‘anirdaśam pretānnam’ is that food which has been offered to the dead within ten days of the death, — ‘atuṣṭikaram’ is that food the taste of which is not agreeable; — in Hemādri (Śrāddha, p. 774); — and in Prāyaścittaviveka (p. 261).

 

Comparative notes by various authors:

Mahābhārata (Śānti., 35.26, 28). — ‘The food belonging to a house where there has been a death or a birth, — until ten days have passed; — those who permit their wife’s paramour, and those who are controlled by their wives.’

Gautama (17.18). — (See above.)

Āpastamba (1.16.18). — ‘In a family where there has been a death, — no food should he eaten until ten days have passed.’

Vaśiṣṭha (14.6). — ‘The gods do not eat the food belonging to one who is controlled by his wife, or one who permits his wife’s paramour in the house.'

Yājñavalkya (1.163). — (See above.)

Yama (Vīramitrodaya-Āhnika, p. 499). — ‘The following are persons whose food should not be eaten: — Actor, dancer, carpenter, cobbler, goldsmith, a brotherless woman, eunuch, prostitute, singer, ironsmith, butcher, weaver, cloth-dealer, dyer, gambler, thief, wine-seller, weigher, Śūdra’s teacher, Śūdra’s sacrificer, potter, painter, usurer, and leather-seller.’

Sumanta (Do.). — ‘The accused, outcast, son of a remarried widow, embryo-killer, harlot, weapon-maker, oil-presser, wine-seller, goldsmith, writer, eunuch, loose woman, astrologer, prostitute, — the food of these should not be eaten. The hog-dealer, fowler, vagabond, dyer, stage-maker, bamboo-dealer, cobbler, — of these, the food should not bo eaten, nor gifts accepted.

 

 

VERSE 4.218

Section XIV - Other Duties

 

राजान्नं तेज आदत्ते शूद्रान्नं ब्रह्मवर्चसम् ।
आयुः सुवर्णकारान्नं यशश्चर्मावकर्तिनः ॥२१८॥

rājānnaṃ teja ādatte śūdrānnaṃ brahmavarcasam |
āyuḥ suvarṇakārānnaṃ yaśaścarmāvakartinaḥ ||218||

 

The king’s food takes off one’s vigour and the Śūdra’s food his Brahmic glory; the goldsmith’s food his longevity, and the l eather-cutter’s food hi s fame. — (218)

 

Medhātithi’s commentary (manubhāṣya):

The Text now proceeds to describe the effects of transgressing the above prohibitions.

One who eats the king’s food loses his vigour; and so with all the rest.

The terms ‘goldsmith’ and the rest, are denotative of particular professions; so that those persons who deal in making articles of gold are called goldsmiths. Similarly, with ‘dyer’ and other terms. Those who cut leather are called ‘leather-cutters,’ this name being applied to those who live by this trade.

In the present context, there are some whose food has not been forbidden in the foregoing verses; but the evil results flowing therefrom are now described; the prohibition of these is to be inferred from the latter. — (218)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 507); — in Smṛtitattva (p. 542) to the effect that the eating of King’s food involves a heavy penance; — in Hemādri (Śrāddha, p. 782); — and in Prāyaścittaviveka, (p. 352).

 

Comparative notes by various authors:

Mahābhārata (35. 27). — [Same as Manu, but reading for the last quarter ‘Avīrāyāśca yoṣitaḥ,’ ‘of the maleless woman.’]

Vaśiṣṭha (14.3). — (See above.)

Viṣṇu (51. 8). — ‘The food of the carpenter and of the leather-cutter.’

Āpastamba (9.28). — ‘The King’s food takes off one’s vigour, and the Śūdra’s food one’s Brāhmic glory; he who cats unpurified food, eats the dirt of the earth.’

 

 

VERSE 4.219

Section XIV - Other Duties

 

कारुकान्नं प्रजां हन्ति बलं निर्णेजकस्य च ।
गणान्नं गणिकान्नं च लोकेभ्यः परिकृन्तति ॥२१९॥

kārukānnaṃ prajāṃ hanti balaṃ nirṇejakasya ca |
gaṇānnaṃ gaṇikānnaṃ ca lokebhyaḥ parikṛntati ||219||

 

The food of artisans impairs the offspring, that of the clothes-washer impairs strength; the food of a multitude and the food of the harlot out off the max from the regions. — (219)

 

Medhātithi’s commentary (manubhāṣya):

‘Artisans,’ — the professional cook and others following not very low crafts; — this is what distinguishes these from other craftsmen.

The ‘impairing’ of offspring means that children are not born. — (219)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 507); — and in Hemādri (Śrāddha, p. 782).

 

Comparative notes by various authors:

(verses 4.219-220)

Mahābhārata (35.28). — ‘The usurer’s food is ordure; and the harlot’s food is semen,’

 

 

VERSE 4.220

Section XIV - Other Duties

 

पूयं चिकित्सकस्यान्नं पुंश्चल्यास्त्वन्नमिन्द्रियम् ।
विष्ठा वार्धुषिकस्यान्नं शस्त्रविक्रयिणो मलम् ॥२२०॥

pūyaṃ cikitsakasyānnaṃ puṃścalyāstvannamindriyam |
viṣṭhā vārdhuṣikasyānnaṃ śastravikrayiṇo malam ||220||

 

The food of the physician is pus; the food of the unchaste woman is semen; the food of the usurer is ordure, and that of the dealer in weapons is dirt. — (220.)

 

Medhātithi’s commentary (manubhāṣya):

The physician’s food is like pus,

‘Indriya’ means semen.

‘Ordure’ and ‘dirt’ are one and the same. — (220)

 

Explanatory notes by Ganganath Jha:

Cf. 3.180-181.

This verse is quoted in Vīramitrodaya (Āhnika, p. 507); — and in Hemādri (Śrāddha, p. 782).

 

Comparative notes by various authors:

(verses 4.219-220)

See Comparative notes for Verse 4.219.

 

 

VERSE 4.221

Section XIV - Other Duties

 

य एतेऽन्ये त्वभोज्यान्नाः क्रमशः परिकीर्तिताः ।
तेषां त्वगस्थिरोमाणि वदन्त्यन्नं मनीषिणः ॥२२१॥

ya ete'nye tvabhojyānnāḥ kramaśaḥ parikīrtitāḥ |
teṣāṃ tvagasthiromāṇi vadantyannaṃ manīṣiṇaḥ ||221||

 

The food of those other persons who have been successively mentioned as those whose food should not be eaten, — the wise men describe as skin, bones and hairs. — (221)

 

Medhātithi’s commentary (manubhāṣya):

There are other persons who have been mentioned in this section as those whose food should not be eaten; and the food of these men is ‘skin, bones and hairs.’ That is, the eating of their food is as improper as the eating of their skin, etc. — (221)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 507); — and in Hemādri (Śrāddha p. 782).

 

 

VERSE 4.222

Section XIV - Other Duties

 

भुक्त्वाऽतोऽन्यतमस्यान्नममत्या क्षपणं त्र्यहम् ।
मत्या भुक्त्वाऽचरेत् कृच्छ्रं रेतोविण्मूत्रमेव च ॥२२२॥

bhuktvā'to'nyatamasyānnamamatyā kṣapaṇaṃ tryaham |
matyā bhuktvā'caret kṛcchraṃ retoviṇmūtrameva ca ||222||

 

After unknowingly eating the food of any one of these, there should be a three days’ fast. Having eaten it knowingly, as also on eating semen, ordure and urine, one should perform the “Kṛcchra” penance. — (222)

 

Medhātithi’s commentary (manubhāṣya):

‘Three days fast;’ — i.e., he shall not eat anything for three days.

‘Unknowingly,’ — not intentionally.

In the case of its being done intentionnlly, one should perform the ‘Kṛcchra’ penance. And this ‘Kṛcchra’ should be the ‘Tapta-kṛcchra,’ in view of what other Smṛti texts have laid down. One such text (Gautama 23.2) has prescribed the ‘Tapta-kṛcchra’ as to be performed in the case of eating semen; ordure and urine; — viz., ‘In the event of drinking these intentionally, one shall live upon milk, butter, water and air — upon each of these for three days; this is the Taptātikṛcchra; and then follows his purification,’

The present being not a section dealing with Expiatory Rites, the mention of such a rite is meant to indicate the seriousness of the offence.

In view of the phrase, ‘of any one of these,’ being in the Genitive form, some people have held that the Expiatory Rite here prescribed is meant to apply to only those cases where the food actually belongs to the persons mentioned, and not where it is objectionable by reason of time, or by its very nature, or by contact. Among such articles of food as sour-gruel and the like, non-eatability is of four kinds: — (1) some things are non-eatable, because of time ; e.g., sour-gruel, things kept overnight, and so forth; (2) some are non-eatable, because of contact; e.g, things that have come in contact with wine and such things; (3) some are non-eatble by their very nature; e.g., garlic and such things; (4) some are non-eatable by reason of their owner; e.g., the food of the persons enumerated in the present context.

Our answer to the above is as follows: — It is quite true that there are four kinds of non-eatability; it is true also that the text has used the Genitive form; but if the Expiatory Rite here prescribed did not pertain to such food as sour gruel and the like, but only to what is objectionable in regard to its owner, then the mention of these in the present connection would be entirely meaningless. For the prohibition of these two things is coining under Discourse V. From this it is clear that their mention in the present context is only for the purpose of prescribing the Expiatory Rite.

“Why, then, should they he mentioned in Discourse V.?”

This we shall explain at that place. As for the exact meaning and purpose of such texts as — (a) ‘the eating of the first two is objectionable’ and (b) ‘having eaten the food of persons whose food should not he eaten,’ etc. (11.152), — we shall explain all this in detail under those same texts — (222).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 240), which adds that the term ‘kṛcchra’ here stands for the ‘atikṛcchra,’ on the strength of a text quoted from Śaṅkha; — in Parāśaramādhava (Prāyaścitta, p. 300), which adds that what is prescribed in the first half is to be done only in the event of the man being unable to throw out the food eaten; and again on p. 305; — in Smṛtitattva (p. 542); — and in Prāyaścittaviveka (pp. 252, 261 and 524).

 

Comparative notes by various authors:

Gautama (23.23.24). — ‘If one eats food of the man whose food should not be eaten, he should reduce himself to a condition when there is nothing in his bowels; — he should not eat anything for three days.’

Prajāpati — ‘On eating the food of one whose food should not be eaten one should give to the Brāhmaṇa the price of that food; he should remain with wet clothes throughout the day, or he should give a cow.’

 

 

VERSE 4.223

Section XIV - Other Duties

 

नाद्यात्शूद्रस्य पक्वान्नं विद्वानश्राद्धिनो द्विजः ।
आददीताममेवास्मादवृत्तावेकरात्रिकम् ॥२२३॥

nādyātśūdrasya pakvānnaṃ vidvānaśrāddhino dvijaḥ |
ādadītāmamevāsmādavṛttāvekarātrikam ||223||

 

The learned Brāhmaṇa shall, not eat the cooked food of the Śūdra who performs no śrāddhas. In the absence of livelihood, he may receive from him raw grain sufficient for one day. — (223)

 

Medhātithi’s commentary (manubhāṣya):

Śūdra’s food has been forbidden generally; and particular details regarding it are now laid down — ‘who does not perform Śrūddhas.

“Where has Śūdra’s food been forbidden?”

It has been forbidden in 4. 211.

“What is forbidden there is Śūdra’s leavings, and not other kinds of food.”

Not so; the said verse (211) is to be construed as — ‘the Śūdra’s food should not be eaten, nor the leavings of others.’ The explanation that we gave above of this verse, was in accordance with the older Commentators; as we clearly pointed out there.

‘Who does not perform Śrāddhas.’ — ‘Śrāddha’ here stands for the sacrificing of cooked food and such other rites as have been prescribed for the Śūdra; hence, the meaning is ‘who does nor perform these rites.’ What is meant is that ‘one shall not eat the cooked food of any Śūdra, except those of the better class.’

Another reading is ‘aśraddhinaḥ’ (for ‘aśrāddhinaḥ); which means, ‘who is devoid of faith;’ in the next verse also we find special stress laid down upon ‘faith,’ by the term ‘vadānya,’ ‘liberal.’

‘Raw’ — dry; paddy, rice, and so forth.

‘Sufficient for one day’ — just that quantity which may suffice for one day, — not more. — (223)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 341), which explains ‘aśrāddhinaḥ’ as ‘one who does not offer the daily Śrāddhas’; and adds that this is meant to indicate the compulsory character of these Śrāddhas, — and ‘ekarātrikam’ is explained as ‘what is enough for one day.”

Buhler notes that Nārāyaṇa explains ‘aśrāddhinaḥ’ as ‘destitute of faith’. But the reading thus explained must be ‘aśraddhinaḥ’ which is a var: lec: noted by Medhātithi.

The verse is quoted in Vīramitrodaya (Āhnika, p. 490) which adds that the term ‘Śrāddha’ here must be taken as standing for the Pākayajña, which is prescribed for the Śūdra; — he who performs that is called ‘Śrāddhin’; — if a Śūdra does not perform it, his ‘cooked food’ should not be eaten; — such is the explanation given by Medhātithi. Kalpataru on the other hand, has explained the term ‘Śrāddha’ as standing for the daily Śrāddhas. In some places the word is read as ‘Aśraddhinaḥ’, which means ‘devoid of faith’. — In the event of ‘abnormal distress’ — ‘avṛttau’ — one should receive from him uncooked — not cooked — rice or other grain, just enough to last for one day.

It is quoted in Vidhānapārijāta (II, p. 250); — in Prāyascittaviveka (p. 253), which explains ‘aśrāddhinaḥ’ as the Śūdra ‘who is not entitled to partake of Śrāddha food’; — in Hemādri (Śrāddha, p. 785); — and in Śuddhikaumudī (p. 320).

 

Comparative notes by various authors:

Parāśara (Vīramitrodaya-Āhnika, p. 492). — ‘The food remains ‘Śūdra’s food’ only so long as as it has not been touched by the twice-born; as soon as it has been touched by the twice-born’s hand, it becomes sacred food.’

Yama (Do.). — ‘Śūdra’s food when placed in a vessel belonging to the twice-born is not objectionable.’

Viṣṇu-purāṇa (Do.). — ‘When Śūdra’s food comes to one’s house, it should be eaten after water has been sprinkled over it.’

Āpastamba (1.18, 3 et. seq.). — ‘ He may accept uncooked food; or even cooked food, such as is devoid of relish; he should desist after getting just what would keep him alive.’

Aṅgiras (68-73). — ‘He who eats the Śūdra’s food continuously for a mouth, even during that same life, becomes a Śūdra, and after death, is born a dog. There is no rise upwards for one who reads, sacrifices or offers oblations while nourished by food given by the Śūdra. If a man has recourse to his wife after eating of the food given by a Śūdra, the son begotten by him belongs to that Śūdra. If a man dies with Śūdra’s food in his stomach, he is born as a hog, or is born in the family of that same Śūdra.’

Gautama (Vīramitrodaya-Āhnika, p. 489). — ‘Food may be begged from all castes, with, the exception of such persons as are accused or outcast.’

Hārita (Do., p. 490). — ‘One who dies with Śūdra’s food in his stomach is born as a mule or a camel, and becomes a Śūdra.’

Vaśiṣṭha (Do.). — ‘The twice-born man dying with Śūdra’s food in his stomach becomes a hog, etc., etc.’

Yama (Do., p. 491). — ‘The Agnihotrin who does not desist from Śūdra’s food loses his soul, his Veda and his three Fires.’

Paiṭhīnasi (Do.). — ‘The householder who eats Śūdra’s food loses his strength and vigour.’

 

 

VERSE 4.224

Section XIV - Other Duties

 

श्रोत्रियस्य कदर्यस्य वदान्यस्य च वार्धुषेः ।
मीमांसित्वोभयं देवाः सममन्नमकल्पयन् ॥२२४॥

śrotriyasya kadaryasya vadānyasya ca vārdhuṣeḥ |
mīmāṃsitvobhayaṃ devāḥ samamannamakalpayan ||224||

 

The gods having compared the food of the miserly Vedic Scholar and that of the liberal usurer, ordained the food of both to be equal. — (224)

 

Medhātithi’s commentary (manubhāṣya):

What is meant is the Brāhmaṇa endowed with all necessary qualifications, — the term ‘Vedic Scholar’ being meant to be purely illustrative. ‘Vedic Scholar’ means the learned man who performs all the duties that have been laid down for him. If such a person happens to be ‘miserly’ — who does not take delight in receiving friends, relations and guests, and who does not wish to give anything to any person.

The other person is the ‘usurer,’ living on usury, and thus engaged in objectional business. If he happens to be ‘liberal,’ noble-minded, endowed with faith, is delighted at the arrival of people at his house, and duly honors them with food and other things.

The food belonging to these two persons the gods have ordained to be ‘equal.’

Even though one of them (the former) is possessed of all good qualities, yet he is condemned by reason of his niggardliness. It has been declared that ‘covetousness spoils all good qualities.’ The other person, even though endowed with due faith, is censured by reason of his objectionable business. Hence, ‘having examined’ — duly pondered over the matter — the gods have ordained that the food belonging to the two persons stands on the same footing. — (224)

 

Explanatory notes by Ganganath Jha:

(verses 4.224-225)

Cf. 10.73.

These verses are quoted in Vīramitrodaya (Āhnika, p. 508); — and in Hemādri (Śrāddha, p. 768).

They are referred to also in the Mahābhārata (12.264.11) as ‘Brahmagītā gāthā’.

 

Comparative notes by various authors:

(verses 4.224-225)

Baudhāyana (1.5.63). — ‘Having compared the food offered by a man pure but devoid of faith, and that by one impure, but endowed with faith, — the gods declared them to he equal. Prajāpati told them that the two were not equal, hut unequal; what is offered by the faithless being damned, that which is purified by faith is distinctly superior.’

Mahābhārata (Śānti., 270.10). — ‘People learned in the ancient lore recite certain verses sung by Brāhmaṇas: — In connection with the sacrificial performance the gods regarded as similar the food offered by the pure hut faithless man and that offered by the impure but faithful; similarly also that offered by the miserly Vedic scholar and by the generous woman, — having compared these two, they regarded them as equal. Prajāpati however told them that they had committed a mistake; that offered by the generous is purified by faith, while the other is damned through want of faith.’

Vaśiṣṭha (14.14). — ‘One should eat the food offered even by the thief, if he is endowed with faith; but never of that man who sacrifices for, or initiates, many people.’

Yama (Vīramitrodaya-Āhnika, p. 508). — ‘Even food offered by one’s teacher should not be eaten, if it is not offered with respect.’

 

 

VERSE 4.225

Section XIV - Other Duties

 

तान् प्रजापतिराहैत्य मा कृध्वं विषमं समम् ।
श्रद्धापूतं वदान्यस्य हतमश्रद्धयेतरत् ॥२२५॥

tān prajāpatirāhaitya mā kṛdhvaṃ viṣamaṃ samam |
śraddhāpūtaṃ vadānyasya hatamaśraddhayetarat ||225||

 

Thereupon Prajāpati came to them and said — “Do not make the unequal equal: what belongs to the liberal man is purified by faith, while the other is defiled by want of faith. — (225)

 

Medhātithi’s commentary (manubhāṣya):

Prajāpati, having approached, said to the gods — ‘Do not in this way, make the unequal eaual’ — i.e., do not establish any such improper equalisation.

Then the gods asked — ‘Who there is, then, the superior between the two persons?’

Then Prajāpati answered — ‘The food that belongs to the liberal-minded usurer, who is endowed with faith, is purified by faith, while the other food, that belongs to the Vedic scholar, is censured, condemned, by his act (faithlessness).’

This dialogue between Prajāpati and the gods is purely imaginary; all that is meant is that ‘one shall not eat food offered by a person, who, though otherwise qualified, is devoid of faith, while that belonging to the Śūdra shall be eaten, if it is offered with due respect.’ — (225)

 

Explanatory notes by Ganganath Jha:

(verses 4.224-225)

See Explanatory notes for Verse 4.224.

 

Comparative notes by various authors:

(verses 4.224-225)

See Comparative notes for Verse 4.224.

 

 

VERSE 4.226

Section XIV - Other Duties

 

श्रद्धयेष्टं च पूर्तं च नित्यं कुर्यादतन्द्रितः ।
श्रद्धाकृते ह्यक्षये ते भवतः स्वागतैर्धनैः ॥२२६॥

śraddhayeṣṭaṃ ca pūrtaṃ ca nityaṃ kuryādatandritaḥ |
śraddhākṛte hyakṣaye te bhavataḥ svāgatairdhanaiḥ ||226||

 

He shall always diliqenty perform, with faith, sacrifices and other religious acts; done with faith, and with well-begotten wealth, they become imperishable. — (226)

 

Medhātithi’s commentary (manubhāṣya):

‘Iṣṭa,’ ‘sacrifice,’ stands for those acts of Sacrifice and the like that are done on a regular altar; while ‘pūrta’ stands for other acts done with a view to spiritual results, such as honouring those who deserve to be honoured, and so forth.

Both these sets of acts shall be done ‘with faith;’ and with well-gotten wealth;’ — i.e., with wealth got by such fair means as learning, bravery, bride, and so forth.

Thus performed, these acts lead to ini perishable results. Those that are performed with wealth not well-gotten, are not fruitless; they only lead to perishable (transitory) results. Because, even unfair means produce ownership; so that sacrifices may be performed with wealth over which one’s ownership has been produced. Further, usury (as a means of acquiring wealth) is not found to have been prohibited anywhere in connection with sacrifices and charities. Hence it follows that, even with the help of such wealth, sacrifices, etc., shall be performed till Heaven has been attained. There will certainly be some difference in the degr.ee of excellence in the results obtained.

Now, the question arises — What are the fair sources of acquiring wealth?

In answer to this, we have the following verses: —

I. What is derived from (a) learning, (b) bravery, (c) austerities, (d) bride, (e) person sacrificed for, (f) pupil, and (g) inheritance, — are the seven kinds of ‘pure’ wealth; and the result of these is also pure.

Of these, learning and austerities are the sources that bring presents. Though ‘present’ constitutes only one kind of wealth, yet it has been mentioned as two, on account of its twofold source. The qualifications of the persons making the gifts have also to be borne in mind. If the giver does not happen to be absolutely objectionable, the wealth derived from him is also pure. — The terms ‘person sacrificed for’ and ‘pupil’ indicate the work of officiating at sacrifices and teaching. — ‘inherited,’ from one’s forefathers. — ‘Bride,’ what is obtained from the Father-in-law, at the time of marriage. — ‘Bravery’ — for the Kṣatriya; while the ‘bride’ and ‘inheritance,’ are common to all men.

II. What is derived by — (a) usury — (b) agriculture, (c) trade, (d) art (e) service, (f) attendance, and (g) from a person who has been helped ; — these seven kinds of wealth are called ‘mixed.’

‘Service’ consists of running on errands and obeying orders; while ‘attendance’ is agreeable behaviour. Of these, ‘usury,’ ‘agriculture’ and ‘trade’ are mixed only for the non - Vaiśya; for the Vaiśya, these are commendable. Similarly, ‘service,’ consisting of attending upon twice-born men, is commendable for the Śūdra; the others are not commended for him. What is meant by these being ‘mixed’ is, that the results obtained from acts, performed with wealth derived from those sources, are transitory; these results lasting only during the present life.

III. What is obtained by — (a) bribery, (b) gambling, (c) stealing, (d) causing pain to others, (e) hypocrisy, (f) robbery and (g) fraud; — all this has been declared to be ‘black.’

‘Pārśvika,’ — the man at one’s side, obtains wealth by means of bribery, etc. For instance, having come to know that a person is going to obtain some wealth, one goes over to him and says, ‘I shall get yon so much wealth, you should give me something out of it,’ and then receives it from him; the man not having done anything himself, nor having anything done by others, but simply looking on, and yet receiving money; or when one receives some consideration for standing surety for a borrower. — ‘Pratirūpaka’ is pretence, hypocrisy . — ‘Fraud’ — when one sells the kusumbha flower, in place of saffron. — ‘Ārti’ is causing pain to others. — ‘Stealing’ is taking away things by stealth; and ‘robbery’ is taking away by force.

“As a matter of fact, stealing and robbery do not produce ownership at all, these not having been mentioned, among the means of acquiring it, in Gautama 10.39 — ‘One becomes an owner by inheritance, purchase, partition, presents and trade;’ or, in Manu (10.116) — ‘Learning, Art, Service,’ etc; or, again, Manu (10.115) — ‘Seven sources of wealth are legal, etc.’ If it be argued that these same assertions indicate Theft and Robbery also as sources of wealth — then, what would be the meaning of the assertion — ‘What is eaten by force, cannot be digested.’”

Some people offer the following explanation: — ‘Dyūta-cauryārti’ (Gambling, Theft, Causing pain to others) is not the right reading; the right reading being ‘vairyārti’ (enmity, causing pain). At the time of making peace with an enemy, one says, ‘I shall make peace with yon only if you give me so much;’ and the other party, being helpless, gives what is asked for, — The term, sāhasa, does not stand for robbery, but for rashness; when, for instance, one earns wealth even at the risk of one’s life; e.g., by going on boats, or by selling things prohibited by the king.

Others, however, opine as follows: — ‘Ownership’ by robbery is not incompatible with the assertion regarding ‘not digesting;’ because force is employed only at the first act of snatching, and, after that, even when there is no force used, and the wealth is obtained and enjoyed merely by the indifference of the other party, there does come about actual ownership And, as for the assertion that it is not digested, this refers to the case where voilence (violence?) is used from beginning to end. Thus there is no incompatability between the two.

The right view on this point is as follows: — Real ownership is not brought about by Theft and Robbery, because of the different reading suggested; and also because other Smṛti-writers have not mentioned these among the.means of acquiring weath. — (226)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 290); — and in Hemādri (Dāna, p. 86).

 

Comparative notes by various authors:

Baudhāyana (1.5.62, 64). — ‘The gods, ever bent upon purity, loath the offerings of the faithless, and never accept them. In connection with this they quote the following — Faithlessness is the worst sin, Faith is the highest penance; therefore the gods do not eat what is offered without faith.’

Mahābhārata (Śānti., 270. 6, 7, 13, 14, 15, 16, 17, 18, 21). — ‘An action involving injury to living beings destroys faith here as also elsewhere; and O Brahman, Faith, being destroyed, destroys the man. — A sacrifice is a sacrifice only when it is performed by men who are calm, imbued with faith, self-controlled and high-minded, not otherwise. — One should eat food offered by the generous man, never that offered by the miser or the woman. — The faithless man does not deserve to make offerings to gods; his food should never be eaten; so have declared persons versed in law. — Faithlessness is the worst sin; Faith is destructive of sin; the man imbued with faith casts off sin, just as the serpent casts off its skin, etc.’

Mahābhārata (Aparārka, p. 290). — ‘The one-fìre Rite, the offerings into the three fires, the gifts given within the altar — these are called Iṣṭa. Wells, tanks, ponds, temples, food-stalls, public gardens — the building of these is called Pūrta.’

Nārada (Do.). — ‘Receiving guests and Vaiśvadeva-offerings are called Iṣṭa. Tanks, ponds, temples, food-stalls, gardens, gifts made during eclipses, and on the day of the sun passing from one sign into another, and on the twelfth day of the fortnight, — these constitute Pūrta.’

 

 

VERSE 4.227 [Charity]

Section XV - Charity

 

दानधर्मं निषेवेत नित्यमैष्टिकपौर्तिकम् ।
परितुष्टेन भावेन पात्रमासाद्य शक्तितः ॥२२७॥

dānadharmaṃ niṣeveta nityamaiṣṭikapaurtikam |
parituṣṭena bhāvena pātramāsādya śaktitaḥ ||227||

 

He shall practise, to the best of his ability, charity and righteousness in connection with sacrifices and acts of piety with a cheerful heart, if he finds a suitable recipient. — (227)

 

Medhātithi’s commentary (manubhāṣya):

‘Charity and Righteousness’ — in the form of tanks, etc; the compound being construed as a Copulative one. Or, it may.be explained as ‘the duty of charity;’ the mention of duty indicating the necessity of maintaining a cheerful disposition.

‘Bhāvena’ — with the heart; ‘parituṣṭena’ — cheerful, happy — ‘If he finds a suitable recipient’, he shall offer gifts in connection with the observances that he keeps, as also in connection with the acts that he does outside the sacrificial altar. — (227)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 165); — and in Hemādri (Dāna, p. 7).

 

Comparative notes by various authors:

Viṣṇu (12.32). — ‘Whatever is the most desired object in the world and whatever is most dearly loved in the house, — that should be given to a person with proper qualifications, by one who is desirous of obtaining imperishable rewards.’

Yājñavalkya (1.201, 203). — ‘Cows, land and food should be given by one who desires his own welfare, to a proper recipient with due honours; but never to an unfit recipient. — Day by day one should make gifts to proper recipients; and more specially on special occasions; and whenever any one begs of him, he should give with due respect what is asked for, to the best of his ability.’

Agnipurāṇa (quoted in Parāśaramādhava, p. 165). — ‘If a man’s wealth is not used either in charity, or in enjoyment, or in acquiring fame, or in acquiring spiritual merit, — that wealth is absolutely useless. Therefore, after having acquired wealth, either through fate or by his own efforts, he should make gifts to the twice-born, but never advertise them.’

Ādityapurāṇa (Parāśaramādhava, p. 164). — ‘In the three worlds nothing is held superior to charity.’

 

 

VERSE 4.228

Section XV - Charity

 

यत् किं चिदपि दातव्यं याचितेनानसूयया ।
उत्पत्स्यते हि तत् पात्रं यत् तारयति सर्वतः ॥२२८॥

yat kiṃ cidapi dātavyaṃ yācitenānasūyayā |
utpatsyate hi tat pātraṃ yat tārayati sarvataḥ ||228||

 

When asked, he should give something, without showing any displeasure. Because he may turn out to be a worthy recipient who will save him from everything. — (228)

 

Medhātithi’s commentary (manubhāṣya):

‘Something’ — however little — shall be given by one who is ‘asked,’ begged. If there is some doubt, — and no certainty — as to the person being a worthy or unworthy recipient, some little thing, not much, should be given. The idea, that much shall not be given, is due to a direct assertion to that effect, in connection with doubtful cases.

It is just possible that the man may turn out to be a worthy recipient; — What sort of recipient? — ‘One who will save him from’ — guard him against — ‘everything’ — all kinds of Sin that lead men to hell.

It has been said under 3.96 that gifts are to be offered to ‘one who knows the Veda and its meaning;’ and to that the present verse is an exception, providing for small gifts being offered in cases of doubtful worthiness of the recipient. — (228)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 385); — and in Hemādri (Dāna, p. 7).

 

Comparative notes by various authors:

Yājñavalkya (1.203). — (See above.)

Dakṣa (3.30), — ‘If one asks him for charity for the sake of obviating some trouble or for the maintenance of his family, — he shall give what is asked for, after due investigation. Such is the law relating to all gifts.’

 

 

VERSE 4.229

Section XV - Charity

 

वारिदस्तृप्तिमाप्नोति सुखमक्षय्यमन्नदः ।
तिलप्रदः प्रजामिष्टां दीपदश्चक्षुरुत्तमम् ॥२२९॥

vāridastṛptimāpnoti sukhamakṣayyamannadaḥ |
tilapradaḥ prajāmiṣṭāṃ dīpadaścakṣuruttamam ||229||

 

The giver of water obtains satisfaction, the giver of food imperishable happiness, the giver of sesamum desirable offspring, and this giver of lamp most excellent eyesight. — (229)

 

Medhātithi’s commentary (manubhāṣya):

‘Satisfaction,’ — non-suffering from hunger and thirst. This is possible only for the wealthy and the healthy. So that great wealth and good health are the results declared as following from the giving of water.

‘Imperishable happiness.’ — In the absence of any specification, the ‘happiness’ meant here is understood to stand for the means of happiness,‘Imperishable’ — lasting throughout life.

‘Giver of food’ — cooked, — saktu, rice, etc, — as well as raw, rice, etc.

The ‘Lamp’ is given — either at crossings or in a place where Brāhmaṇas assemble — (229).

 

Explanatory notes by Ganganath Jha:

Cf. The Mahābhārata, 13.57.22.

This verse is quoted in Parāśaramādhava (Ācāra, p. 177); — in Aparārka (p. 385); — in Smṛtitattva (II, p. 364); — in Hemādri, (Dāna, p. 152); — and in Dānakriyākaumudī (p. 43).

 

Comparative notes by various authors:

Vaśiṣṭha (29.8). — ‘One who gives water prospers in all his desires; — he who gives food obtains good eyes.’

Mahābhārata (Anuśāsana, 92.20, 22). — ‘By the giving of water eternal fame ensues, by the giving of food, one has all his desires for enjoyment fulfilled; — by the giving of lamp-light, the man obtains good eyes and keen intelligence.’

Viṣṇu (91.3, 15, 16). — ‘The giver of water remains ever satisfied; — by the giving of lamps, he obtains excellent eyes and universal brilliance; by the giving of food, he becomes endowed with strength.’

Viṣṇu (92.21, 23). — ‘The giver of food obtains all things; — the giver of sesamum obtains desirable offspring.’

Yājñavalkya (1, 210). — ‘By giving away, land, sesamum, food, clothes, water, clarified butter, shelter, household-necessaries, gold and beasts of burden, — one shines in the heavenly regions.’

Bṛhaspati (13). — ‘The giver of food is always happy, the giver of clothes becomes endowed with beauty, and the man who gives land is always a king.’

 

 

VERSE 4.230

Section XV - Charity

 

भूमिदो भूमिमाप्नोति दीर्घमायुर्हिरण्यदः ।
गृहदोऽग्र्याणि वेश्मानि रूप्यदो रूपमुत्तमम् ॥२३०॥

bhūmido bhūmimāpnoti dīrghamāyurhiraṇyadaḥ |
gṛhado'gryāṇi veśmāni rūpyado rūpamuttamam ||230||

 

The giver of land obtains land, the giver of gold long life, the giver of house excellent mansions, and the giver of silver exquisite beauty. — (230)

 

Medhātithi’s commentary (manubhāṣya):

He obtains possession of land.

‘Hiraṇya’ is gold.

The giver of silver obtains exquisite beauty. — (230)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 177); — in Aparārka (p. 386); in Smṛtitattva II, p. 364, — in Hemādri (Śrāddha, p. 656); — in Hemādri (Dāna, pp. 152 and 567); — and in Dānakriyākaumudī, (p. 52).

 

Comparative notes by various authors:

Viṣṇu (92.13-14). — ‘By the giving of gold one obtains the same regions as Agni; — and by the giving of silver, he obtains beauty.’

Yājñavalkya (1.210). — (See above.)

 

 

VERSE 4.231

Section XV - Charity

 

वासोदश्चन्द्रसालोक्यमश्विसालोक्यमश्वदः ।
अनडुहः श्रियं पुष्टां गोदो ब्रध्नस्य विष्टपम् ॥२३१॥

vāsodaścandrasālokyamaśvisālokyamaśvadaḥ |
anaḍuhaḥ śriyaṃ puṣṭāṃ godo bradhnasya viṣṭapam ||231||

 

The giver of cloth obtains resemblance to the Moon, the giver of horse resemblance to horse-owners, the giver of the ox great good fortune, and the giver of the cow toe region of the Sun. — (231)

 

Medhātithi’s commentary (manubhāṣya):

He comes to look like — just as pleasing to look at as — the Moon. According to the Purāṇas, the meaning would be that he reaches that particular region in Heaven which is called the ‘Region of the Moon.’

‘Resemblance to horse-owners;’ — i.e., he obtains many horses. According to the Purāṇa, — ‘he obtains the region of the Ashwins.’

‘Ox’ is the male animal, capable of pulling carts; he who gives this, obtains ‘great good fortune’; — i.e., acquires excellent cattle, sheep, riches and grain.

‘Bradhna’ is the Sun; he obtains the region of the Sun; i.e., he becomes endowed with great effulgence, superior to everything else. Or, the ‘region of the Sun’ may stand for Heaven.

Another Smṛti-text (Yājñavalkya, Achara, 204) describes special results arising from the giving of particular kinds of cows: — ‘A milch cow, with golden horns and silvered hoofs, quiet and covered with cloth, shall be given, along with a kāṃsya vessel, accompanied with a proper fee.’ If we read ‘sa-dakṣiṇā,’ the meaning will be that gold and other things shall be given as additional gifts. Or, we may read ‘su’ for ‘sa’ (i. e., ‘sudaksiṇā),’ meaning beautiful; the meaning being that the cow given, as also the presents, shall be excellent. — ‘kāṃsyopadohā is another reading for ‘sakāṃsyapatra;’ ‘kāṃsya’ standing for a particular measure; and the cow should give that much milk; i.e., she should give a large quantity of milk.

Further details of procedure have been laid down in other texts; such as — ‘Her tail shall be adorned with pearls, the ground shall be covered with silver,’ and so forth; and these have to be observed by men desiring special results; as described in the text — ‘The tawny cow with calf saves

one’s forefathers up to the seventh degree, and the double-faced cow (one just giving birth to a calf) for the same number of cycles as there are hairs on her body. The result here mentioned follows from the giving of the tawny cow; the double-faced cow, when given, leads to Heaven, for as many ‘thousand years’ as there are hairs on her body; — ‘saves’ stands for freeing from sin.

In the Mahābhārata, the giving of the cow has been describes as bringing all kinds of rewards.

The giving of water, etc., also is found mentioned as bringing all kinds of rewards — ‘Having given land, cattle, food, clothes, water, sesamum, butter, shelter, houses and gold — one shines in Heaven.’ ‘Naiveśika’ means House. — (231)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra p. 177); — in Aparārka (p. 386); — in Smṛtitattva (II, p. 364); — in Hemādri (Dāna, p. 152); — and in Dānakriyākaumudī (p. 46).

 

Comparative notes by various authors:

Viṣṇu (92.5.11, 12). — ‘By giving away cows one obtains the heavenly regions; the giver of a horse obtains the regions of the sun; the giver of clothes, the regions of the moon.’

Yājñavalkya (1.204, 206). — ‘One should give away along with a fee, a milch cow, which has golden horns and silvered hoofs, and is quiet and adorned with clothes, and accompanied by a Kāṃsya vessel.’

(Do.) (1.210). — (See above.)

 

 

VERSE 4.232

Section XV - Charity

 

यानशय्याप्रदो भार्यामैश्वर्यमभयप्रदः ।
धान्यदः शाश्वतं सौख्यं ब्रह्मदो ब्रह्मसार्ष्टिताम् ॥२३२॥

yānaśayyāprado bhāryāmaiśvaryamabhayapradaḥ |
dhānyadaḥ śāśvataṃ saukhyaṃ brahmado brahmasārṣṭitām ||232||

 

The giver or carriage and couch obtains a wife, the giver of fearlessness sovereignty, the giver of grains eternal happiness, and the giver of the Veda equality with Brahman. — (232)

 

Medhātithi’s commentary (manubhāṣya):

‘Sovereignly,’ — the position of the master, lordship,

‘Happiness’ — being happy.

‘Grains’ — such as Vrīhi, Māṣa, Mudga, and so forth. In connection with the giving of sesamum, another result has been described.

‘Brahman’ means Veda; ‘ṛṣṭi’ is condition; — ‘sāṛṣṭi’ is one who has the same condition; — the change of ‘samāna’ into ‘sa’ being the Vedic form; — ‘ṛṣṭi’ is derived from the root ‘ṛṣi,’ to ‘go;’ — or ‘sāṛṣṭi’ may mean the character of acting. In another case, the meaning is that he obtains ‘equality’ with — the same condition of existence as — Brahman. — (232)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 177); — in Aparārka (p. 386); — in Smṛtitattva (II, p. 364); — in Hemādri (Dāna, p. 152), which explains ‘brahmasārṣṭitām’ as the ‘condition of a Brāhmaṇa’; — and in Dānakriyākaumudī (p. 66).

 

Comparative notes by various authors:

Viṣṇu (92.19.22, 27). — ‘By the giving of grains, satisfaction and good luck; by the giving of a couch, a wife.’

Yājñavalkya (2.211). — ‘By giving away a house, grains, fearlessness, shoes, umbrellas, garlands, unguents, conveyances, trees, highly desirable objects (like spiritual merit) and conches, — one becomes extremely happy.’

Vaśiṣṭha (29.12). — ‘By the giving of couches and seats one obtains sovereignty over his inner apartments.’

 

 

VERSE 4.233

Section XV - Charity

 

सर्वेषामेव दानानां ब्रह्मदानं विशिष्यते ।
वार्यन्नगोमहीवासस्।तिलकाञ्चनसर्पिषाम् ॥२३३॥

sarveṣāmeva dānānāṃ brahmadānaṃ viśiṣyate |
vāryannagomahīvāsas|tilakāñcanasarpiṣām ||233||

 

The giving or Veda surpasses all gifts or water, food, cows, buffaloes, clothes, sesamum, gold and clarified butter. — (233)

 

Medhātithi’s commentary (manubhāṣya):

This is a commendatory supplement to the foregoing injunction.

The term ‘dāna’ stands for things given, gifts, or for the act of giving.

‘Giving of Veda’ — Studying and expounding the Veda,

It is superior to the giving of every other thing, in the shape of water, etc. — (233)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 516); — and in Smṛticandrikā (Saṃskāra, p. 145).

 

Comparative notes by various authors:

Vaśiṣṭha (29.20). — ‘Three gifts they have described as extreme gifts — viz., of cows, land and Veda; the gift of gold is the very first of gifts; and superior even to that is the gift of learning.’

Yājñavalkya (1.212). — ‘Brahman (Veda) being the embodiment of all Dharma, its gift is superior to all gifts; he who makes a gift of it obtains the imperishable region of Brahman.’

Bṛhaspati (19). — ‘Three gifts they have described as extreme gifts; — viz., of cows, land and Veda; these three bring about the salvation of the giver through recitation, sowing and milking.’

 

 

VERSE 4.234

Section XV - Charity

 

येन येन तु भावेन यद् यद् दानं प्रयच्छति ।
तत् तत् तेनैव भावेन प्राप्नोति प्रतिपूजितः ॥२३४॥

yena yena tu bhāvena yad yad dānaṃ prayacchati |
tat tat tenaiva bhāvena prāpnoti pratipūjitaḥ ||234||

 

In whatever spirit a man bestows a gift, in that same spirit he himself receives it with due honour. — (234)

 

Medhātithi’s commentary (manubhāṣya):

The tern ‘bhāva,’ ‘spirit,’ denotes mental disposition. In whatever spirit — with a pleasant mind, proper faith and respect — one bestows a gift, in that same spirit he himself obtains it; if, on the other hand, he gives without faith, in a disrespectful manner and after having insulted the recipient, — then he himself also obtains it in the same manner.

The phrase, ‘yadyat,’ ‘whatever,’ does not refer to the kinds of things (given as gifts). — “What, then, is the use of the expression?” — The explanation is that the phrase means that ‘the man obtains the pleasures brought about by the substances concerned.’ If the objects themselves were meant, then, in the case of a man giving medicines to a sick person, he would obtain (as reward) that same medicine; and, since such a reward would be of no use to a healthy person, it would be thrown away. For this reason, the meaning must be that ‘the giver obtains the same kind of pleasure that he causes by his gift;’ so that the gift of medicines would bring sound health to the giver.

Or, the term ‘bhāva’, ‘spirit,’ may stand for desire, purpose, the idea ‘may this be mine;’ the sense of the passage in that case would be — ‘the man obtains that same reward, with a view to obtaining which he bestows the gift,’ — and that ‘in the same spirit;’ i.e., he obtains it at the same time at winch he happens to be in want of it. This implies that the gift of all things may bring to the giver all kinds of rewards. — (234)

 

Explanatory notes by Ganganath Jha:

‘Dhāvena’ — ‘Disposition’ (Medhātithi, Govindarāja, Nārāyaṇa and Rāghavānanda); — ‘motive’ (suggested by Medhātithi,and also Kullūka).

This verse is quoted in Hemādri (Dāna, p. 17), which, explains ‘bhāva’ as standing for the predominance of one or other of the three guṇas, Sattva, Rajas and Tamas.

 

Comparative notes by various authors:

(verses 4.234-239)

Mahābhārata (Anuśāsana, 17.3.5.6). — ‘Neither father, nor mother, nor brother, nor son, nor teacher, nor relations, parental or marital, nor friends are any help to man;...therefore with lawfully acquired riches, the wise man should serve Righteousness; Righteousness is the only helper for men as regards the other world.’

Āpastamba (1.7.22.23). — ‘Having made a gift, one should not advertise it; — having done an act, one should not think of it again.’

Yama (Aparārka, p. 291). — ‘If one gives wealth with great respect, to qualified men, he obtains great wealth and sons and grandsons.’

Yājñavalkya (1.156). — ‘With act, mind and speech one should try his best to do his duty.’

 

 

VERSE 4.235

Section XV - Charity

 

योऽर्चितं प्रतिगृह्णाति ददात्यर्चितमेव वा ।
तावुभौ गच्छतः स्वर्गं नरकं तु विपर्यये ॥२३५॥

yo'rcitaṃ pratigṛhṇāti dadātyarcitameva vā |
tāvubhau gacchataḥ svargaṃ narakaṃ tu viparyaye ||235||

 

He who receives respectfully, as well as he who gives respectfully, — both these go to heaven; but to hell, in the contrary case. — (235)

 

Medhātithi’s commentary (manubhāṣya):

Gifts should he bestowed with respect; they should be received also in the same manner. The sense of the verse is that gifts shall not be bestowed in a disrespectful manner.

‘Arcitam,’ ‘respectfully,’ is an adverb. — (235)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 290); — and in Smṛtitattva (p. 894), which adds the followings — where the giver gives with respect, and the receiver receives it with respect, — both go to heaven; while by giving or receiving with disrespect, both go to hell’ — such is the explanation given by Kullūka Bhaṭṭa. Thus the ‘arcā’, ‘respect’, which appears as an adverb, serves as an adjective also, qualifying the men concerned; it is for this reason that Maithila writers have declared that gifts should be made after the object to be given as well as the Brāhmaṇa receiving it have both been worshipped; — and in Dānakriyākaumudī (p. 8).

 

Comparative notes by various authors:

(verses 4.234-239)

See Comparative notes for Verse 4.234.

 

 

VERSE 4.236 [Avoid Pious Vanity]

Section XVI - Avoid Pious Vanity

 

न विस्मयेत तपसा वदेदिष्ट्वा च नानृतम् ।
नार्तोऽप्यपवदेद् विप्रान्न दत्त्वा परिकीर्तयेत् ॥२३६॥

na vismayeta tapasā vadediṣṭvā ca nānṛtam |
nārto'pyapavaded viprānna dattvā parikīrtayet ||236||

 

He shall not be proud of his austerities; having offered a sacrifice, he shall not utter a lie; even when tormented, he shall not revile the brāhmaṇas; having bestowed a gift, he shall not advertise it. — (236)

 

Medhātithi’s commentary (manubhāṣya):

When he performs an austerity, he shall not boast of it, — ‘I have performed a most severe austerity, extremely difficult to perform;’ he shall not entertain any such idea.

‘Having performed a sacrifice, he shall not utter a lie.’ — Though lying in general has been forbidden, in connection with what is desirable for men, yet it is forbidden again, with a view to indicate that the avoidance of untruth is an essential factor in sacrifices also; and that, if there is a transgression of this, the performance of the Jyotiṣṭoma, etc., would become defective.

‘Tormented’ — by the Brāhmaṇas — ‘he shall not revile’ — abuse, speak ill of — them.

‘Having bestowed a gift’ — in the form of the cow and such other things, — ‘he shall not advertise it’ before another person, saying, ‘Such and such a gift has been bestowed by me.’ — (236)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Dāna, p. 90).

 

Comparative notes by various authors:

(verses 4.234-239)

See Comparative notes for Verse 4.234.

 

 

VERSE 4.237

Section XVI - Avoid Pious Vanity

 

यज्ञोऽनृतेन क्षरति तपः क्षरति विस्मयात् ।
आयुर्विप्रापवादेन दानं च परिकीर्तनात् ॥२३७॥

yajño'nṛtena kṣarati tapaḥ kṣarati vismayāt |
āyurviprāpavādena dānaṃ ca parikīrtanāt ||237||

 

The sacrifice trickles away by falsehood, the austerity trickles away by vanity, longevity by the reviling of Brāhmaṇas, and gifts by advertisement. — (237)

 

Medhātithi’s commentary (manubhāṣya):

This is supplementary to the foregoing Prohibition. By reason of ‘falsehood,’ ‘the sacrifice trickles away’ — i e., becomes fruitless; the purpose for which it was performed is not accomplished. Similarly, throughout the verse. — (237)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Dāna, p. 90).

 

Comparative notes by various authors:

(verses 4.234-239)

See Comparative notes for Verse 4.234.

 

 

VERSE 4.238 [Accumulate Spiritual Merit]

Section XVII - Accumulate Spiritual Merit

 

धर्मं शनैः सञ्चिनुयाद् वल्मीकमिव पुत्तिकाः ।
परलोकसहायार्थं सर्वभूतान्यपीडयन् ॥२३८॥

dharmaṃ śanaiḥ sañcinuyād valmīkamiva puttikāḥ |
paralokasahāyārthaṃ sarvabhūtānyapīḍayan ||238||

 

Without causing pain to any beings, he shall, for the purpose of obtaining a companion in the other world, accumulate spiritual merit, slowly; just as the white ants accumulate the ant-hill. — (238)

 

Medhātithi’s commentary (manubhāṣya):

If one is unable to bestow a large gift, or perform a difficult austerity, or offer an elaborate sacrifice — like the Jyotiṣṭoma and the rest, — he should not he despondent on that account; on the contrary, he should ‘slowly’ and gently ‘accumulate spiritual merit,’ by means of small gifts, small austerities, by helping others, to the best of his ability, and by muttering prayers and offering oblations prescribed in the Smṛtis; just in the same manner in which white ants accumulate the ant-hill.

‘For the purpose of obtaining a companion in the other world.’ — This describes the fruits of spiritual merit.

‘Without causing pain to any beings;’ i.e., even for the sake of spiritual merit, he shall not go about begging and thereby causing pain to others. — (238)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 232), which reads ‘vaprikāḥ’ for ‘puttikāḥ’, and explains it as ‘a particular kind of art’; — and in Vīramitrodaya (Paribhāṣā, p. 64), which explains ‘puttikā’ as ‘a kind of art’; and explains that this and the following verses are meant to eulogise Dharma.

 

Comparative notes by various authors:

(verses 4.234-239)

See Comparative notes for Verse 4.234.

 

 

VERSE 4.239

Section XVII - Accumulate Spiritual Merit

 

नामुत्र हि सहायार्थं पिता माता च तिष्ठतः ।
न पुत्रदारं न ज्ञातिर्धर्मस्तिष्ठति केवलः ॥२३९॥

nāmutra hi sahāyārthaṃ pitā mātā ca tiṣṭhataḥ |
na putradāraṃ na jñātirdharmastiṣṭhati kevalaḥ ||239||

 

There, neither father, nor mother, nor wife, nor sons, nor relations stay as companions; spiritual merit alone remains. — (239)

 

Medhātithi’s commentary (manubhāṣya):

This only describes the real state of things.

‘There,’ — i.e., during next birth — ‘as companion,’ — i.e., for saving him from the pangs of hell, etc; friends and relations have no power; the only thing that saves him is the spiritual merit that he has acquired during life. — (239)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 232); — and in Vīramitrodaya (Paribhāṣā, p. 64).

 

Comparative notes by various authors:

(verses 4.234-239)

See Comparative notes for Verse 4.234.

 

 

VERSE 4.240

Section XVII - Accumulate Spiritual Merit

 

एकः प्रजायते जन्तुरेक एव प्रलीयते ।
एकोऽनुभुङ्क्ते सुकृतमेक एव च दुष्कृतम् ॥२४०॥

ekaḥ prajāyate jantureka eva pralīyate |
eko'nubhuṅkte sukṛtameka eva ca duṣkṛtam ||240||

 

Alone is a creature born, and alone does it cease to be; alone it enjoys its good deeds and also its evil deeds. — (239)

 

Medhātithi’s commentary (manubhāṣya):

‘Each creature’ — living being — ‘is born alone,’ — and not along with his friends and relations; and ‘alone does it cease to be;’ friends and relations do not die with him. Even when one’s wife, or some other devoted person, kills herself at the time of one’s death, this act of dying is different from that of the man’s own dying; and, by this act, the wife does not become born in the same womb with the husband, in the way in which Atri was born.

Similarly, his good and evil deeds also the man enjoys himself.

“It has been said that neither one’s wife nor one’s sons help him; hut, as a matter of fact, the son does help the father, by performing the śrāddha and other rites; and so the wife also.”

True; but all that this mentis is that such a dutiful son is horn only to a person who has acquired merit; and, just as during life, one is helped by another person who supports him by the hand, so also, when the man dies, his son helps him by means of religious acts. — (240)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 232); — and in Vīramitrodaya (Paribhāṣā, p. 64).

 

Comparative notes by various authors:

Mahābhārata (Anuśāsana, 173.11). — ‘O king, man is born alone, and alone he dies, alone by himself does he pass through difficulties, and by himself alone does he fall into misfortune.’

 

 

VERSE 4.241

Section XVII - Accumulate Spiritual Merit

 

मृतं शरीरमुत्सृज्य काष्ठलोष्टसमं क्षितौ ।
विमुखा बान्धवा यान्ति धर्मस्तमनुगच्छति ॥२४१॥

mṛtaṃ śarīramutsṛjya kāṣṭhaloṣṭasamaṃ kṣitau |
vimukhā bāndhavā yānti dharmastamanugacchati ||241||

 

Leaving the dead body on the ground, like a log of wood or a clod of earth, the relations depart with averted faces; spiritual merit alone follows him. — (241)

 

Medhātithi’s commentary (manubhāṣya):

‘Follows’ — accompanies.

This verse describes what is actually seen to happen. Relations throw away the body of the dead man on the ground, just as if it were a log of wood, or a clod of earth, and go away, with their faces turned away; but Spiritual Merit alone follows the man. — (241)

 

Explanatory notes by Ganganath Jha:

This; verse is quoted in Aparārka (p. 232); — and in Vīramitrodaya (Paribhāṣā, p. 64).

 

Comparative notes by various authors:

(verses 4.241-242)

Mahābhārata (Anuśāsana, 173.13). — ‘People leave the dead body like a log of wood or a clod of earth; having used it for a while, they turn their backs upon it and go away. Therefore, O king, it is Righteousness alone that one should serve for the purpose of obtaining a real helper. By being equipped with Righteousness one reaches the highest celestial state; similarly equipped with unrighteousness, he fails into hell.’

 

 

VERSE 4.242

Section XVII - Accumulate Spiritual Merit

 

तस्माद् धर्मं सहायार्थं नित्यं सञ्चिनुयात्शनैः ।
धर्मेण हि सहायेन तमस्तरति दुस्तरम् ॥२४२॥

tasmād dharmaṃ sahāyārthaṃ nityaṃ sañcinuyātśanaiḥ |
dharmeṇa hi sahāyena tamastarati dustaram ||242||

 

He shall, therefore, slowly accumulate Spiritual Merit, for the purpose of securing a companion; for, with Merit as his companion, the man crosses over unfordable darkness. — (242)

 

Medhātithi’s commentary (manubhāṣya):

This is a recapitulation.

‘Unfordable darkness’ — i.e., that which is crossed over with difficulty.

‘Darkness’ stands for suffering. Even such ‘unfordable darkness’ becomes easily fordable with the aid of Merit as a companion; i.e., the man does not become submerged in the darkness. — (242)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 232); — in Hemādri (Vrata, p. 14); — in Vīramitrodaya (Paribhāṣā, p. 64), which explains ‘tamas’ as ‘sin’; — and in Nṛsiṃhaprasāda (Saṃskāra, pp. 17a and b).

 

Comparative notes by various authors:

(verses 4.241-242)

See Comparative notes for Verse 4.241.

 

 

VERSE 4.243

Section XVII - Accumulate Spiritual Merit

 

धर्मप्रधानं पुरुषं तपसा हतकिल्बिषम् ।
परलोकं नयत्याशु भास्वन्तं खशरीरिणम् ॥२४३॥

dharmapradhānaṃ puruṣaṃ tapasā hatakilbiṣam |
paralokaṃ nayatyāśu bhāsvantaṃ khaśarīriṇam ||243||

 

It speedily carries the man, who is devoted to duty and has his sins destroyed by austerities, clothed in his own (spiritual) body, to the brighter regions above. — (243)

 

Medhātithi’s commentary (manubhāṣya):

‘Dharmapradhānam’ — means ‘he for whom Duly is the main consideration’; i.e., he who is devoted to duty, and perforins all acts exactly as they are enjoined.

‘Who has his sins destroyed by austerities.’ — If he happens to commit any transgressions, through carelessness, his sin is destroyed by the expiatory austerities he performs. The evil having arisen out of his transgression of the law, it is effaced by the proper expiatory rites.

‘It carries him to the brighter regions above,’ — i.e., the effulgent regions of the gods, in the shape of Heaven, etc.

Who carries him?

Dharma, or Spiritual Merit. That this is so, is clear from the context.

‘Clothed in his own body.’ — The Soul being in its own body, and not in the body made up of material substances, as ordinary souls are, his body is his own spiritual one; which means that he is us all-pervading us Brahman, the Supreme Spirit. — (243)

 

 

VERSE 4.244 [Relationships and Connections]

Section XVIII - Relationships and Connections

 

उत्तमैरुत्तमैर्नित्यं सम्बन्धानाचरेत् सह ।
निनीषुः कुलमुत्कर्षमधमानधमांस्त्यजेत् ॥२४४॥

uttamairuttamairnityaṃ sambandhānācaret saha |
ninīṣuḥ kulamutkarṣamadhamānadhamāṃstyajet ||244||

 

Being desirous of raising his family to eminence, he shall always form connections with superior kinds of people; he shalt, avoid all inferior ones. — (244)

 

Medhātithi’s commentary (manubhāṣya):

The word, ‘uttumaiḥ,’ has been repeated, in view of the fact that there are several kinds of ‘superior’ people; some are ‘superior’ in caste, some in learning, some in character. Or, the repetition may be due to diversity of connections; some connections being desirable for some kinds of ‘superior’ people, and some with the other.

‘With superior people’ — w ith people superior in caste, etc., — ‘he shall form connections’ of marriage, etc.

‘Being desirous of raising his family to eminence’ — to a superior status.

‘He shall avoid the inferior kinds.’ — The injunction that connections shall he formed with superior people, implies that those with inferior people shall be avoided; the emphasizing of this latter, therefore, is meant to permit the forming of connections with middle class people, if superior people are not available.

‘Inferior’ — low. — (244)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 587); — in Vidhānapārijāta (p. 674); — and in Saṃskāraratnamālā, (p. 75). All these quote the following description of the ‘uttama’ as from Manu; but these verses are not found in Manu —

viśuddhāḥ karmami(bhi?)ścaiva śrutismṛtinidarśitaiḥ |
aviplutabrahmacaryā mahākulasamanvitāḥ |
mahākule ye manbaddhā mahattve ca vyavasthitāḥ ||

santuṣṭāssajanahitāḥ sādhavaḥ samadarśinaḥ |
lobharāgadveṣāmarṣamānamohādivarjitāḥ |
a??odhanāḥ suprasādāḥ kārthāssambandhinaḥ sadā ||

and as description of ‘adharma’ they quote Manu 3.150-152.

It is quoted in Saṃskāramayūkha (p. 75); — and in Smṛticandrikā (Saṃskāra, p. 205).

 

 

VERSE 4.245

Section XVIII - Relationships and Connections

 

उत्तमानुत्तमानेव गच्छन् हीनांस्तु वर्जयन् ।
ब्राह्मणः श्रेष्ठतामेति प्रत्यवायेन शूद्रताम् ॥२४५॥

uttamānuttamāneva gacchan hīnāṃstu varjayan |
brāhmaṇaḥ śreṣṭhatāmeti pratyavāyena śūdratām ||245||

 

Having recourse to superior kinds of people, and avoiding the inferior kinds, the Brāhmaṇa attains eminence; by the contrary procedure, he becomes a Śūdra. — (245)

 

Medhātithi’s commentary (manubhāṣya):

‘Having recourse to superior people;’ — i.e., forming connections with them, — ‘the Brāhmaṇa attains eminence.’ The term, ‘brāhmaṇa,’ standing for the Kṣatriya and the Vaiśya also.

‘By the contrary procedure,’ — by adopting the opposite process — i.e., by forming connections with inferior people — the man becomes a Śūdra. Since it is not possible for the caste of a man to disappear, what is meant is that he becomes equal to the Śūdra. — (245)

 

 

VERSE 4.246

Section XVIII - Relationships and Connections

 

दृढकारी मृदुर्दान्तः क्रूराचारैरसंवसन् ।
अहिंस्रो दमदानाभ्यां जयेत् स्वर्गं तथाव्रतः ॥२४६॥

dṛḍhakārī mṛdurdāntaḥ krūrācārairasaṃvasan |
ahiṃsro damadānābhyāṃ jayet svargaṃ tathāvrataḥ ||246||

 

He who acts resolutely, is gentle and tolerant, who does not associate with persons of cruel disposition, and who does no injury to others, shall win heaven by his self-control and liberality, if he sticks to this practice. — (246)

 

Medhātithi’s commentary (manubhāṣya):

‘Who acts resolutely,’ — i. e., he who is firm in his determination to do something; having undertaken an act, he is sure to finish it; having begun an act, he does not desist: i.e., who is not undetermined. This is what is asserted in such passages as — ‘going to the end of what has been begun, etc., etc.’

‘Gentle’ — not hard-hearted.

‘Has no connection with men of cruel conduct’ — such as thieves and others.

‘By means o f self-control and liberality, he wins heaven’ — ‘if he sticks to this practice;’ — i.e., observing the said rules.

‘Self-control’ being mentioned separately, the term, ‘dāntaḥ,’ should he taken to mean ‘tolerant of opposition.’ — (246)

 

 

VERSE 4.247 [Accepting of Gifts]

Section XIX - Accepting of Gifts

 

एधौदकं मूलफलमन्नमभ्युद्यतं च यत् ।
सर्वतः प्रतिगृह्णीयान्मध्वथाभयदक्षिणाम् ॥२४७॥

edhaudakaṃ mūlaphalamannamabhyudyataṃ ca yat |
sarvataḥ pratigṛhṇīyānmadhvathābhayadakṣiṇām ||247||

 

He may accept from all persons fuel, water, roots, and fruits, and food that is offered, as also honey and the gift of fearlessness.’ — (247)

 

Medhātithi’s commentary (manubhāṣya):

‘Fuel’ — the wood, etc, to burn.

‘Food’ — either cooked or raw.

‘Offered’ — presented before him.

All this may be accepted from all persons; — i.e., even from Śūdras, or persons who may have committed minor sins; only avoiding the outcast, the accused, the Cāṇḍāla and other low castes mixed in the reverse order.’

‘Madhu’ — Honey.

‘Gift of fearlessness.’ — Fearlessness is the form of a gift. This is mentioned by way of illustration. In fact, the ‘acceptance of a gift’ consists in accepting something which another person voluntarily offers; and the ‘possession of fearlessness’ is not of this kind; as, in this case, no one’s ownership ceases, nor is any one’s ownership produced (as there is in all cases of giving and gifts). It is for this reason that the term, ‘gift,’ has been used in this connection, only by way of eulogising the said promise. The meaning is that — ‘just as, when one is passing through a forest or jungle, there is no harm in acceptiong (accepting?) the protection offered even by Cāṇḍālas, robbers, and such other persons, so also there is nothing objectionable in the accepting of fuel and the other things mentioned here.’

The rule here laid down applies to normal times; it is going to be declared later on that in abnormal times of distress, one may accept gifts even from Caṇḍālas and others.

The term, ‘offered,’ is, through proximity, to be construed with ‘food’ only, not with ‘fuel’ and the rest. Hence, in connection with these latter, even begging is not objectionable.

The general rule being — ‘gifts should be accepted only from righteous twice-born persons,’ no one would think of accepting them from either unrighteous twice-born persons, or from Śūdras. Hut, in the case of certain things (fuel, etc.), begging is considered desirable. Hence the present text — (247)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 406), which explains ‘abhayadaksiṇā’ as ‘abhayadāna’, ‘gift of fearlessness’; — in Mitākṣarā (on 1.214); — in Parāśaramādhava (Ācāra, p. 190); — in Madanapārijāta (p. 220), which adds the following explanations: — ‘edha’ is ‘fuel’, — ‘sarvataḥ’ means ‘even from the Śūdra’, — the ‘gift of fearlessness’ being acceptable even from a Mleccha; all this refers to one who is still engaged in the receiving of gifts, not to one who has renounced the acceptance of gifts; — in Vidhānapārijāta (II, p. 249), which adds — ‘sarvataḥ’ means ‘even from the Śūdra the ‘gift of fearlessness’ being acceptable from the Mleccha also; — in Nṛsiṃhaprasāda (Āhnika, pp. 35b and 37b); — and in Hemādri (Dāna, p. 56), which explains ‘edhaḥ’ as wood and ‘ahhyudyatam’ as ‘presented unasked.’

 

Comparative notes by various authors:

Gautama (17.3). — ‘Fuel, water, fodder, roots, fruits, honey, fearlessness, whatever is presented, couch, seat, house, conveyance, milk, curds, fried barley, vegetables, Priyaṅgu, garlands, — these should not be refused.’

Āpastamba (1.18.1). — ‘Honey, uncooked flesh of the deer, lands, roots, fruits, safety, lodging, beasts of burden, fodder, — may be accepted even from Ugras.’

Vaśiṣṭha (14.13). — ‘Food, even though belonging to a sinner, if it is offered and presented before him, without urging of any kind, — it may be accepted; so has held Prajāpati.’

Viṣṇu (5.7.10). — ‘Fuel, water, roots, fruits, fearlessness, flesh, honey, couch, seat, house, flowers, curds, vegetables, — when these are presented to one, one shall not refuse them.’

Yājñavalkya (1.214). — ‘Kuśa grass, vegetables, milk, fish, perfumes, flowers, curds, land, flesh, couch, fried barley, and water — these should not be refused.’

Aṅgiras (Aparārka, p. 406). — ‘Grains in the harvesting ground, water in tanks and wells, milk in the cow-pen, — these may he accepted even from one whose food is not to be eaten.’

 

 

VERSE 4.248

Section XIX - Accepting of Gifts

 

आहृताभ्युद्यतां भिक्षां पुरस्तादप्रचोदिताम् ।
मेने प्रजापतिर्ग्राह्यामपि दुष्कृतकर्मणः ॥२४८॥

āhṛtābhyudyatāṃ bhikṣāṃ purastādapracoditām |
mene prajāpatirgrāhyāmapi duṣkṛtakarmaṇaḥ ||248||

 

Alms brougt forward and offered, and not previously begged, Prajāpati has declared to be acceptable, even from a sinful person. — (248).

 

Medhātithi’s commentary (manubhāṣya):

This verse asserts the acceptability of even things other than fuel and the rest (mentioned in the preceding verse).

The term ‘bhikṣā,’ ‘alms,’ has been used in an appreciatory sense; and it is not striclty alms that is meant here; though, in reality, the term ‘alms’ denotes a small quantity of cooked food, — and it is on account of smallness of its quantity that its acceptance is not regarded as open to serious objection; Specially as, for the Student, it has been permitted as coming from all castes. And what is meant by the present text is that other things also may be treated on the same footing. The term ‘alms’ is often found to be used in this sense; e.g., in the Mahābhārata (1.206.1) — ‘The two high-souled sons of Pṛthā went to Pṛthā at the carpenter’s shop and joyously informed her of their having received Draupadi as alms.’

‘Brought forward’ — to that place where the recipient stands.

‘Offered’ — placed before the recipient, who is told, either by a gesture, or with actual words, to accept it. ‘Previously’ — at any previous time.

‘Not begged,’ — not asked for by the recipient; nor promised by the giver, either directly, or through some one else, to the effect that, — ‘such and such a thing there is in my house; please have the kindness to accept it;’ only what is offered without premeditation, actually thought of at the moment itself.

Such alms ‘Prajāpati’ — Hiraṇyagarbha — has declared, — what? — to be acceptable even from a sinful person, — the sinful person being one whose actions are sinful — (248)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 407), which adds that the term ‘bhikṣā’ here stands for ‘cooked food’ and in Hemādri (Dāna, p. 56).

 

Comparative notes by various authors:

Vaśiṣṭha (14.13). — (See above.) (Almost the same as Manu.)

Āpastamba (1.19.12). — (Same as Manu, the reading being slightly varied.)

Viṣṇu (3.7.11). — (Do.)

Yājñavalkya (1.215). — ‘What is presented without asking should be accepted, even though it come from a sinner, — except from a loose woman, a eunuch, an outcast and an enemy.’

Yama (Aparārka, p. 407). — ‘Of the physician, the hunter, the prostitute, the eunuch, the dancer — gifts of these should be refused, even when presented without asking.’

 

 

VERSE 4.249

Section XIX - Accepting of Gifts

 

नाश्नन्ति पितरस्तस्य दशवर्षाणि पञ्च च ।
न च हव्यं वहत्यग्निर्यस्तामभ्यवमन्यते ॥२४९॥

nāśnanti pitarastasya daśavarṣāṇi pañca ca |
na ca havyaṃ vahatyagniryastāmabhyavamanyate ||249||

 

Of the man that disdains it, the Pitṛs do no eat any food for ten and five years; nor does fire convey his offering to the gods. — (249)

 

Medhātithi’s commentary (manubhāṣya):

This is an imaginary assertion, deprecating the non-acceptance of the said gifts.

That person who disdains, refuses to accept it, — his Śrāddha the ‘Pitṛs do not eat’ — do no accept; nor does Fire convey his offerings to the gods. That is, such a man does not derive any benefit from rites performed for the Pitṛs or for the gods.

In this connection, some one has asserted that — “Even though what is offered happens to be of no use, it should be accepted, as a favour to the giver.”

This, however, is not right; as all that the text means is that gift, offered unasked, may be accepted without harm; and what is said here is a counter-exception, and there can be ‘counter-exception’ only in favour of what has been forbidden; so that, what may he had recourse to by reason of ordinary want having been forbidden (by a previous text), the present text lays down a counter-exception. — (249)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 407); — and in Hemādri (Dāna, p. 56).

 

Comparative notes by various authors:

Vaśiṣṭha (14.15). — (Same as Manu.)

Āpastamba (1.19.13). — (Do.)

Viṣṇu (57.12). — (Do.)

 

 

VERSE 4.250

Section XIX - Accepting of Gifts

 

शय्यां गृहान् कुशान् गन्धानपः पुष्पं मणीन् दधि ।
धाना मत्स्यान् पयो मांसं शाकं चैव न निर्णुदेत् ॥२५०॥

śayyāṃ gṛhān kuśān gandhānapaḥ puṣpaṃ maṇīn dadhi |
dhānā matsyān payo māṃsaṃ śākaṃ caiva na nirṇudet ||250||

 

He shall not refuse a couch, a house, kuśa grass, perfumes, water, flowers, jewels, curd, grain, fish, milk, meat and vegetables. — (250)

 

Medhātithi’s commentary (manubhāṣya):

The couch and other things one should not refuse to accept, even when they are not actually presented before him. That is if some one were to come and Ray, ‘I have these things in my house; do please come and accept them,’ — then these should not be rejected. — (250).

 

Explanatory notes by Ganganath Jha:

This verse is. quoted in Aparārka (p. 406); in Mitākṣarā (on 1.214); — in Parāśaramādhava (Ācāra, p. 190); — in Madanapārijāta (p. 220), which adds — ‘maṇi’ stands for those that serve as antidotes to poisons, — ‘dhānā’ is ‘fried grain,’ — these one should not refuse; — in ‘Prāyascittaviveka’ (p. 412), which explains ‘na nirnudet’ as ‘should not refuse when presented unasked’; — in Hemādri (Dāna, p. 56); — and in Nṛsiṃhaprasāda (Āhnika, p. 37b).

 

Comparative notes by various authors:

Gautama (17.3). — (See above, under 247.)

Āpastamba (1.18.1). — (Do.)

Vaśiṣṭha (14.7). — ‘Fuel, water, fodder, Kuśa grass, fried grains, what is presented without asking, conveyances, house, fish, Priyaṅgu corn, garlands, perfumes, honey, flesh, — these he shall accept.’

Viṣṇu (57.10). — (See above, under p. 47.)

Yājñavalkya (1.214). — (See under 247.)

 

 

VERSE 4.251

Section XIX - Accepting of Gifts

 

गुरून् भृत्यांश्चोज्जिहीर्षन्नर्चिष्यन् देवतातिथीन् ।
सर्वतः प्रतिगृह्णीयान्न तु तृप्येत् स्वयं ततः ॥२५१॥

gurūn bhṛtyāṃścojjihīrṣannarciṣyan devatātithīn |
sarvataḥ pratigṛhṇīyānna tu tṛpyet svayaṃ tataḥ ||251||

 

For the purpose of bringing relief to his teachers and dependents, and for the purpose of honoring the gods and guests, he may accept gifts from all persons; but he shall not derive from them satisfaction for himself. — (251)

 

Medhātithi’s commentary (manubhāṣya):

‘Teachers;’ — the plural form is used, in view of some persons teaching directly, and others only indirectly, by implication.

‘Dependents,’ — those who have a right to be maintained by him; these are enumerated in another Smṛti text as follows: — ‘Aged parents, the well-conducted wife and the infant child.’

‘For the purpose of bringing relief to these’ — when they are suffering from hunger; — ‘and for the purpose of honouring the gods and guests; — that is, for the sake of due accomplishment of his daily duties.

‘He may accept gifts from all persons’ — good or bad.

‘But he shall not derive from them satisfaction for himself.’ — ‘Satisfaction’ here stands for relieving hunger and other forms of enjoyment; these he shall not do. That is, such gifts shall be accepted only for the sake of Teachers and others, and never for his own sake. — (251)

“How, then, is the man to maintain himself?” In answer to this, we have the following: —

 

Comparative notes by various authors:

Vaśiṣṭha (14.10). — (Same as Manu, with slight variants.)

Viṣṇu (57.13). — (Same as Manu, but reading ‘pitṛdevatāḥ’ in place of ‘devatātithīn.’)

Gautama (17.4). — ‘For the maintaining of the father, the Gods, the Teacher and the dependants, — it is ditferent.’

Āpastamba (1.7.21). — ‘Some people hold that for the sake of the teacher the acceptance of gifts even from Śūdras and Ugras is sanctioned by the scriptures.’

Yājñavalkya (1.216). — ‘For the worshipping of gods and guests, and for the sake of one’s teacher and dependants, and for one’s own livelihood, one may accept gifts from all.’

Aṅgiras (Aparārka, p. 408). — ‘For the teacher, for guests and for dependants one may accept food from the Śūdra; but he himself shall not partake of it.’

 

 

VERSE 4.252

Section XIX - Accepting of Gifts

 

गुरुषु त्वभ्यतीतेषु विना वा तैर्गृहे वसन् ।
आत्मनो वृत्तिमन्विच्छन् गृह्णीयात् साधुतः सदा ॥२५२॥

guruṣu tvabhyatīteṣu vinā vā tairgṛhe vasan |
ātmano vṛttimanvicchan gṛhṇīyāt sādhutaḥ sadā ||252||

 

When, however, the Teachers are dead, or when one lives in his house without them, — then, seeking for his own subsistence, he may always accept gifts from good persons. — (252)

 

Medhātithi’s commentary (manubhāṣya):

‘Dead’ — and past; or when, even though the Teachers be living, the man lives apart from them.

The term, ‘Teachers, ‘here includes all dependants also.

‘Seeking his own subsistence,’ he shall accept gifts from ‘good’ — righteous — ‘persons.’ No caste being specified, acceptance is permitted from righteous Śūdras also; as is said under 223 — ‘A Brāhmaṇa shall not eat, etc., etc.’ — (252)

 

Comparative notes by various authors:

Viṣṇu (57. 15). — (Same as Manu.)

 

 

VERSE 4.253

Section XIX - Accepting of Gifts

 

आर्धिकः कुलमित्रं च गोपालो दासनापितौ ।
एते शूद्रेषु भोज्यान्ना याश्चात्मानं निवेदयेत् ॥२५३॥

ārdhikaḥ kulamitraṃ ca gopālo dāsanāpitau |
ete śūdreṣu bhojyānnā yāścātmānaṃ nivedayet ||253||

 

His own ploughman, hereditary friend, cowherd, slave and barder, — among Śūdras; these are persons whose food may be eaten; as also one who offers himself. — (253)

 

Medhātithi’s commentary (manubhāṣya):

‘Ardhika,’ ‘Ploughman,’ is the man who ploughs his family-holdings for him.

‘Cowherd and slave’ — arc terms denoting relationship. One may eat food of that person who keeps his cows for him.

‘He who offers himself;’ — saying, ‘you are my sole refuge; I live solely dependent upon you’ — one who offers oneself in this manner, is also one whose food may be eaten. — (253).

 

Comparative notes by various authors:

Viṣṇu (57.16) — (Same as Manu.)

Gautama (17, 5-6). — ‘Livelihood should not be sought for from Śūdras. — Cattle-keeper, field-plougher, hereditary friend of the family, father’s servants, — the food of these Śūdras may be eaten.’

Āpastamba (1.17.14). — ‘Oneshould not eat food exposed in the market.’

Āpastamba (1.18.14). — ‘Even of the Śūdra (food may be eaten) if he is righteous.’

Hārīta (Vīramitrodaya-Āhnika, p. 494). — ‘What is roasted or cooked in oil, or in milk, or flour cooked in curds, these may be eaten even from a Śūdra — says Manu.’

Yājñavalkya (Vīramitrodaya-Āhnika, p. 492). — ‘Among Śūdras, the slave, cowherd, hereditary friend, partner in ploughs, barber, and he who surrenders himself — are persons whose food may be eaten.’

Devala (Do.). — ‘One’s own slave, barber, cowherd, potters, ploughman, — these five Śūdras are those whose food may be eaten even by Brāhmaṇas.’

Aṅgiras (p. 493). — ‘Milk, saktu, oil, cakes, ground sesamum and things made with milk may be eaten even from a Śūdra.’

 

 

VERSE 4.254

Section XIX - Accepting of Gifts

 

यादृशोऽस्य भवेदात्मा यादृशं च चिकीर्षितम् ।
यथा चौपचरेदेनं तथाऽत्मानं निवेदयेत् ॥२५४॥

yādṛśo'sya bhavedātmā yādṛśaṃ ca cikīrṣitam |
yathā caupacaredenaṃ tathā'tmānaṃ nivedayet ||254||

 

As the man’s character may be, as may be the nature of the work he wishes to do, and as may be the manner in which he may serve, — even so must he offer himself. — (254)

 

Medhātithi’s commentary (manubhāṣya):

The text proceeds to show the manner of ‘offering himself.’

‘As may be the character of the man,’ — i.e., the family, the country and the profession to which the Śūdra concerned may belong.

‘The work he wishes to do;’ — saying, ‘This is the work that I shall do under you, either as my duty, or for s ome other purpose, such as saving myself from being pressed for service at the royal palace, and so forth.’

‘The manner in which he may serve;’ — ‘I shall serve you with this act of mine;’ — ‘I shall press your feet, and do other household work.’ When one offers to do all this, then is he said to have ‘offered himself.’

‘Others have taken the word,’ ‘Ātman’ ‘himself,’ in the expression, ‘Ātmanām nivedayet,’ ‘offers himself,’ to mean child — according to the text, ‘thou art my own self, named son;’ and have explained it to mean that ‘one may eat the food of the Śūdra, whose daughter (ātma) one may have married, under the influence of sexual passion.’ This, however, is not right. The term, ‘ātmā’ is never used directly in the sense of daughter; it is only the masculine form ‘putra,’ ‘son,’ that is often found to be so used; and there would be no useful purpose served by the Author using a term, in an indirect sense; it would have been enough to say — ‘he who gives his daughter to him.’

Others have explained that the mention of the ‘ploughman’ and others is meant to be indicative of the Śūdra in general; so that it follows that one may cat the food of one’s father-in-law of the ‘Pāraśava’ caste (son of a Brāhmaṇa from a Śūdra mother). — (254)

 

Explanatory notes by Ganganath Jha:

Cf. 5.253.

This verse is quoted in Vīramitrodaya (Āhnika, p. 492), which explains ‘ātmanivedana’ as ‘declaring his family, his character, his motive in seeking service and the ways in which he is going to serve’; — and in Hemādri (Śrāddha, p. 785).

 

 

VERSE 4.255 [Control of Speech]

Section XX - Control of Speech

 

योऽन्यथा सन्तमात्मानमन्यथा सत्सु भाषते ।
स पापकृत्तमो लोके स्तेन आत्मापहारकः ॥२५५॥

yo'nyathā santamātmānamanyathā satsu bhāṣate |
sa pāpakṛttamo loke stena ātmāpahārakaḥ ||255||

 

He, who describes himself to good men otherwise than what he is, is the worst sinner in the world, a thief stealing himself. — (255)

 

Medhātithi’s commentary (manubhāṣya):

Being of one kind,; — i.e., unrighteous — if he describes himself to ‘good men’ — to cultured people — ‘otherwise’ — describing himself as righteous; — or, when he goes to a man for one purpose, and represents it to be something else, — such a person is the worst of all sinners.

‘Thief’ — stealer; — ‘stealing himself.’ Other thieves steal things, while this person steals himself. This shows the despicable character of the man. — (255)

 

 

VERSE 4.256

Section XX - Control of Speech

 

वाच्यर्था नियताः सर्वे वाङ्मूला वाग्विनिःसृताः ।
तांस्तु यः स्तेनयेद् वाचं स सर्वस्तेयकृन्नरः ॥२५६॥

vācyarthā niyatāḥ sarve vāṅmūlā vāgviniḥsṛtāḥ |
tāṃstu yaḥ stenayed vācaṃ sa sarvasteyakṛnnaraḥ ||256||

 

All things are regulated by speech, have their root in speech, and emanate from speech. The man who steals such speech is the stealer of all things. — (256)

 

Medhātithi’s commentary (manubhāṣya):

The relation between words and their denotations being eternal, things are described as ‘regulated by speech.’

‘Have their root in speech.’ — Things are said to have their root in speech, in view of the fact that the ideas of the speaker depend, for their manifestation, upon speech.

‘Emanate from speech,’ — are produced out of speech; things are so called, because the ideas of the hearer also are dependent upon speech.

It is not necessary to suspect, or attempt an explanation of, the repetition here involved; because what is stated here is merely a description of things as they are, and as such may be put forward in any manner possible.

He who ‘steals such speech’ — misrepresents, having said one thing, does something else; he says something in one sense, and represents it in another sense; — ‘is the stealer of all things;’ — there is no substance, gold or anything else, which such a man has not stolen.

This is an imaginary statement, deprecatory of telling a lie. — (256)

 

 

VERSE 4.257 [End of the Householding Stage]

Section XXI - End of the Householding Stage

 

महर्षिपितृदेवानां गत्वाऽनृण्यं यथाविधि ।
पुत्रे सर्वं समासज्य वसेन् माध्यस्थ्यमाश्रितः ॥२५७॥

maharṣipitṛdevānāṃ gatvā'nṛṇyaṃ yathāvidhi |
putre sarvaṃ samāsajya vasen mādhyasthyamāśritaḥ ||257||

 

Having paid off, according to law, the debts owing to the Great Sages, to the Pitṛs and to the Gods, he shall consign everything to his son and remain fixed in neutrality. — (257)

 

Medhātithi’s commentary (manubhāṣya):

This is another method prescribed for the Householder.

Debts to the Great Sages are paid by Vedic Study; those to the Pitṛs are paid by the begetting of children; and those to the Gods are paid by sacrifices. This is what has been described in the passage — ‘The Brāhmaṇa is under three kinds of debts.’

‘Gatvā’ — having brought, about the three forms of freedom from debt.

‘He shall consign’ — make over — ‘everything’ — the entire business of the house and family — ‘to his son’ — who has attained the age of business.

He shall remain in the house ‘fixed in neutrality’ — i.e., having resigned all egoism. That is, ‘he shall continue to dwell in the house, having relinquished all such notions as this is my wealth, these my son and wife, these my male and female slaves.‘Neutrality’ consists in the feeling, ‘I do not belong to any one, no one belongs to me,’ in which all desire is abandoned.

What is meant is the‘renunciation’ of only ordinary voluntary acts done for some purpose, and not of all (even obligatory) acts; as we shall show later on. — (257)

 

 

VERSE 4.258

Section XXI - End of the Householding Stage

 

एकाकी चिन्तयेन्नित्यं विविक्ते हितमात्मनः ।
एकाकी चिन्तयानो हि परं श्रेयोऽधिगच्छति ॥२५८॥

ekākī cintayennityaṃ vivikte hitamātmanaḥ |
ekākī cintayāno hi paraṃ śreyo'dhigacchati ||258||

 

Alone, in solitude, he shall meditate upon what is good for himself. By meditating in solitude, he attains the highest good. — (258)

 

Medhātithi’s commentary (manubhāṣya):

The renunciation of all acts having been accomplished, the following is his special duty: —

‘Alone,’ — without a companion, — having no one to talk to — ‘in solitude’ — in a place where there is no one, and which is free from all disturbance, — ‘he shall meditate upon what is good for himself’; i.e., should practise that ‘contemplation of the Brahman’ which has been enjoined in the Upaniṣads.

By means of this practice and meditation, he obtains the highest good — called ‘Liberation.’ — (258)

 

 

VERSE 4.259 [Summing Up]

Section XXII - Summing Up

 

एषौदिता गृहस्थस्य वृत्तिर्विप्रस्य शाश्वती ।
स्नातकव्रतकल्पश्च सत्त्ववृद्धिकरः शुभः ॥२५९॥

eṣauditā gṛhasthasya vṛttirviprasya śāśvatī |
snātakavratakalpaśca sattvavṛddhikaraḥ śubhaḥ ||259||

 

Thus has been described the eternal course of life of the Brāhmaṇa-Householder, as also the series of observances for the Accomplished Student, which is conducive to the increase of the quality of goodness, and is praiseworthy. — (259)

 

Medhātithi’s commentary (manubhāṣya):

This sums up the contents of the whole Discourse: —

“Thus has been described the eternal course of life of the Householder,” — the ‘non-eternal’ one being that which shall be described in connection with abnormal times.

The addition of the term, ‘Brāhmaṇa,’ indicates that the observances laid down are for the Brāhmaṇa Accomplished Student.

‘Goodness’ — is a quality of the soul; and it is conducive to the increase of this quality.

‘Praiseworthy’ — excellent. All this is mere praise. — (259)

 

 

VERSE 4.260

Section XXII - Summing Up

 

अनेन विप्रो वृत्तेन वर्तयन् वेदशास्त्रवित् ।
व्यपेतकल्मषो नित्यं ब्रह्मलोके महीयते ॥२६०॥

anena vipro vṛttena vartayan vedaśāstravit |
vyapetakalmaṣo nityaṃ brahmaloke mahīyate ||260||

 

The Brāhmaṇa, learned in the Vedic soriptures, who conducts himself by this course of life, has his sins removed, and remains for ever exalted in the region of Brahman. — (260)

 

Medhātithi’s commentary (manubhāṣya):

This describes the result of all that has gone before.

‘The Brāhmaṇa, learned in the Vedic scriptures, who conducts himself by this course of life, has his sins’ — arising from doing what is forbidden — ‘removed’ — by means of Expiatory Rites. The meaning is that by doing what is enjoined, and by avoiding what is forbidden, and by expiating by means of rites those sins that may happen to be committed, — ‘becomes exalted in the region of Brahman; — or, according to another theory, be becomes of the same nature as Brahman — (260)

Thus ends Discourse IV.

 

Explanatory notes by Ganganath Jha:

Cf. 2.244.

This verse is quoted in Nityācārapradīpa (p, 42).

 

Comparative notes by various authors:

Gautama (9.71). — ‘The Accomplished Student who maintains this behaviour saves from sin his parents and relations both above and below himself, and fails not in attaining the regions of Brahman.’

Vaśiṣṭha (8.17). — ‘Ever bathing, ever wearing the sacred thread, ever studying the Veda, avoiding the food of outcasts, approaching his wife only during the periods, and offering oblations according to law, the Brāhmaṇa fails not to reach the regions of Brahman.’

Baudhāyana (2.4.24). — ‘The Brāhmaṇa who every day, during the day and the night and the twilights offers prayers, becomes purified by Brahman and becomes Brahman Itself; and following the scriptures, he wins the regions of Brahman.’

 

End of Adhyāya IV.

 

***


 

Discourse V - Sources of Evil

 

VERSE 5.1 [What shortens Life?]

Section I - What shortens Life?

 

श्रुत्वैतान् ऋषयो धर्मान् स्नातकस्य यथौदितान् ।
इदमूचुर्महात्मानमनलप्रभवं भृगुम् ॥१॥

śrutvaitān ṛṣayo dharmān snātakasya yathauditān |
idamūcurmahātmānamanalaprabhavaṃ bhṛgum ||1||

 

The sages, having heard the duties of the Accomplished Student as just described, said this to the high-souled Bhṛgu, who sprang from fire. — (1)

 

Medhātithi’s commentary (manubhāṣya):

Having heard the duties of the Student and the Householder as expounded in the foregoing three Discourses, the great Sages, Marīci and others, ‘said to’ — asked the following question of — Bhṛgu, their teacher.

“In the text we find the expression of the Accomplished Student — ‘snātakasya’; why then do you bring in the Student?”

Our answer to this is that the present verse is meant to be descriptive of what has gone before; and as a matter of fact, the duties of the Student also have been described.

‘High-souled’ and ‘who sprang from the fire’ are the epithets of Bhṛgu; — ‘He whose origination was from the fire.’

“But in discourse I, verse 34, Bhṛgu has been spoken of as the son of Manu”.

True; but what was stated there was an imaginary commendation, while what is said here is in accordance with the account found in the Vedas of Bhṛgu having been born out of fire. The name ‘Bhṛgu’ has been thus explained — ‘What rose out first out of the fallen semen was the Sun, and what rose as the second was Bhṛgu’. Or, what is asserted here may be only figurative; the origin of Bhṛgu being described as ‘Fire’, on the basis of similarity, as regards effulgence.

In any case, it is not necessary to lay stress upon either of the two explanations as being the more reasonable of the two; because this is not what forms the main subject-matter of the treatise.

The whole of the text, describing the question and the answer, is meant to indicate the importance of the subject of the evils attaching to food; the moaning being that the evils attaching to the food itself are more serious than those attaching to the nature of its gift and acceptance; and this on the ground that the defects attaching to the thing itself are more intimate, and hence more serious, than those arising from contact.

“In connection with the defects of contact, the Expiatory Rite that is laid down is a three days’ fast; while that in connection with the thing itself, is a single day’s fast (5. 20). How then can this latter be said to be more serious?”

Our answer is as follows: — The greater seriousness here spoken of refers to garlic and such things, in connection with which it is stated that — ‘by eating these intentionally the man becomes an outcast’ (5.19); so that the expiation necessary would be that which has been prescribed for outcasts (which is very serious). — (1)

 

 

VERSE 5.2

Section I - What shortens Life?

 

एवं यथोक्तं विप्राणां स्वधर्ममनुतिष्ठताम् ।
कथं मृत्युः प्रभवति वेदशास्त्रविदां प्रभो ॥२॥

evaṃ yathoktaṃ viprāṇāṃ svadharmamanutiṣṭhatām |
kathaṃ mṛtyuḥ prabhavati vedaśāstravidāṃ prabho ||2||

 

“How is it, O Lord, that Death overpowers the Brāhmaṇas who are learned in the Vedic lore, and who perform their duty exactly as it has been thus described?” — (2)

 

Medhātithi’s commentary (manubhāṣya):

The Text now shows what the great Sages asked.

‘Thus’ — refers to the manner in which the Treatise has propounded the subject; and ‘exactly as described’ — refers to the subject-matter of the Treatise.

Those Twice-born men who perform the duty exactly in the form in which it has been described in the present Treatise: — that all twice born men are indicated by the terms ‘vipra’ ‘brahmana’, in the Text will be clear from what is going to be said in verse 26 below, where ‘twice-born’ is the term used; — ‘how is it that Death orerpotrers them’ — while still in the state of the ‘Student,’ or in that of the; Accomplished Student’? How is this, when, in reality, they should live the full spun of humun life? The span of a man’s life is a hundred years; so that the death of Brāhmaṇas before that is not proper; specially as it has been declared that ‘from right conduct one attains longevity’ (4.156), and ‘no calamity befalls persons who recite the Veda and. offer oblations’ (4.146). (2).

 

 

VERSE 5.3-4

Section I - What shortens Life?

 

स तानुवाच धर्मात्मा महर्षीन् मानवो भृगुः ।
श्रूयतां येन दोषेण मृत्युर्विप्रान् जिघांसति ॥३॥

अनभ्यासेन वेदानामाचारस्य च वर्जनात् ।
आलस्यादन्नदोषाच्च मृत्युर्विप्राञ्जिघांसति ॥४॥

sa tānuvāca dharmātmā maharṣīn mānavo bhṛguḥ |
śrūyatāṃ yena doṣeṇa mṛtyurviprān jighāṃsati ||3||

anabhyāsena vedānāmācārasya ca varjanāt |
ālasyādannadoṣācca mṛtyurviprāñjighāṃsati ||4||

 

Bhṛgu, the righteous son of Manu, said to the great sages — “Listen, by what fault Death seeks to destroy the Brāhmaṇas.” — (3).

Death seeks to destroy the Brāhmaṇas on account of their omitting the study of the Vedas, on account of neglect of right conduct, on account of slothfulness and on account of the defects of food. — (4).

 

Medhātithi’s commentary (manubhāṣya):

Objection — “When the question has been put forward in regard to Brāhmaṇas who perform their duties, it is not right to answer it by indicating the ‘fault’; nor can there be any connection with what follows (in verse 4) [as omission of Vedic Study &c. is not possible for those who perform their duties].”

The answer to the above is as follows: — ‘Omission of Vedic Study’ and the rest have been put forward only by way of illustration; the sense being — ‘just as the omission of Vedic Study and the rest are acknowledged by you all to be the causes of death, so also are the defects of food, going to be described below. Even when a man carries on Vedic Study &c., the fulfilment of his above-described duty is not complete, if it is beset with the very much more serious drawback of defective food. This is emphasised here in view of the fact that this is an entirely different section (dealing with defects of food). (3-4)

 

Explanatory notes by Ganganath Jha:

(verse 5.4)

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 8) to the effect that laziness also is the source of a ‘force’ that brings about untimely death; — in Vīramitrodaya (Āhnika, p. 510), which explains ‘ālasya’ as ‘not being disposed to perform one’s duty, even when he is able to do it’; — ‘annadoṣa’ as standing for defective production and so forth; — and in Smṛtisāroddhāra (p. 294.)

 

Comparative notes by various authors:

(verse 5.4)

Yājñavalkya (Parāśaramādhava, Prāyaścitta, p. 6). — ‘By omitting to do what is enjoined and by doing what is forbidden, and by not controlling the senses, doth a man fall into degradation.’

 

 

VERSE 5.5 [Objectionable Food]

Section II - Objectionable Food

 

लशुनं गृञ्जनं चैव पलाण्डुं कवकानि च ।
अभक्ष्याणि द्विजातीनाममेध्यप्रभवानि च ॥५॥

laśunaṃ gṛñjanaṃ caiva palāṇḍuṃ kavakāni ca |
abhakṣyāṇi dvijātīnāmamedhyaprabhavāni ca ||5||

 

Garlic, leeks and onions, mushrooms and all that proceeds from impure things, are unfit to re eaten by twice-born men. — (5).

 

Medhātithi’s commentary (manubhāṣya):

The terms ‘garlic’ &c. are well-known among men.

The term ‘karaka’ is the name of a genus, sometimes regarded as the same as the well-known thing ‘kryāku’ (?); mushrooms also are ‘kavaka’; as it is forbidden under the name of ‘kavaka’, while the expiatory rite in connection with its eating has been prescribed under the name of ‘chatrāka,’ in verse 19; and no other thing (except the mushroom) is known by the name ‘chatruka’; nor will it be right to regard, on the basis of verbal similarity alone (between ‘chatrāka’ and ‘chatrākāra’, umbrella-shaped), all those things as ‘chatrāka’ which resemble the umbrella, are ‘chatrākāra’; as in that case the prohibition (of ‘chatrāka’) would apply also to the suvarchala and other things (which also are umbrella-shaped); and this would be contrary to all usage. Hence we conclude tha ‘chatrāka’ and ‘kavaka’ are one and the same thing. Says the author of the Nirukta — ‘The chatrāka is kṣuṇṇa, since it is smashed.’ From this it is clear that the name ‘kavaka’ applies to those white shoots that grow out of the earth that has been ploughed; this is also in keeping with what is going to be said in connection with‘kavakas growing out of the earth’ (6.14); and it has also been just pointed out that the name applies to what is ‘smashed’ by a stroke of the foot. It is for this reason (of its being described as growing out of the earth, and of its being mashed by a stroke of the foot) that the prohibition (of ‘kavaka’) is not applicable to those vegetable growths that shoot out of the trunks of trees.

In medicinal treatises the kukuṇḍa has been described as ‘kavaka’; but this explanation (of the name on a purely conventional basis) cannot be accepted in the same manner as that in regard to the term ‘go’ and the rest. Further, as a matter of fact, in ordinary parlance the term ‘kavaka’ is always applied to a vegetable. Hence it is on the basis of usage that the exact signification of the term, wherever it occurs in a medical or other scientific treatise, should be ascertained, and we have already shown what that signification is.

Other things also, which resemble garlic and such things mentioned here, which resemble these latter in colour and smell, have been forbidden by Viṣṇu. In the Smṛti of Parāśara however the prohibition is by name, and this for the purpose of prescribing the special Expiatory Rite of ‘Candrāyaṇa’ in connection with it. From this it follows that ‘lavataka’, ‘karnikāra’ and such other things are forbidden.

‘Things proceeding from impure substances’; — those that grow of impure things or are in contact with them.

Others have declared that it is not right to forbid those things that grow only out of impure things, these standing on the same footing as ‘mūlā’ (radish) ‘cāstuka’ (a kind of grass) and such other things (known to grow out of impure things); — so that the prohibition does not apply to those grains and vegetables growing in fields specially manured for the purpose of enriching the harvest.

This however is not right. Because from what the text says it is clear that all these things are equally unfit to be eaten. Further, what has been suggested might have been accepted, if it were absolutely impossible for anything to grow without the use of impure substances. There are some things however that grow directly out of impure substances, while there are some that grow out of mere connection with them; the right view to take therefore is that the prohibition applies to the former only, and not to the latter.

As regards meat, even though it grows out of semen and blood (both impure substances), yet the present prohibition does not apply to it; because it has been dealt with in a totally different context. — (5)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 510), which explains ‘amedhyaprabhavāni’ as ‘produced directly from human ordure, or in trees growing from seeds passed with human excreta’; — and in Smṛtitattva (p. 448), which reads ‘karakāṇi’ (for kavakāni) and explains it as ‘chatrāka,’ ‘mushroom;’ and explains ‘amedhyaprabhavāni’ as ‘produced from ordure and such things.’

 

Comparative notes by various authors:

Gautama (17.32). — ‘Fresh leaves, mushrooms, garlic, and exudations (from trees).’

Āpastamba (1.17.26, 28). — ‘Red garlic, white garlic, onion and mushroom, are not eatable; so says the Brāhmaṇa-text.’

Vaśiṣṭha (14.33). — ‘For eating garlic, onions, mushrooms, turnips, Śleśmātaka, exudations from trees, the red sap flowing from incisions, food pecked at by crows or worried by dogs, or the leavings of a Śūdra, — Atikṛcchra penance.’

Viṣṇu (51.3, 34, 36). — ‘Garlic, onion, turnips, things having the same smell, village-pigs, village-cocks, monkey, beef, — on eating these also, the Cāndrāyaṇa is to be performed. — On eating mushrooms and Kavakas, the Sāntapana penance; — also exudations, products of unclean things, the red sap flowing from trees.’

Yājñavalkya (1.171). — ‘Red or white exudations from trees, mushrooms flowing out of unclean things.’

Baudhāyana (Aparārka, p. 247). — ‘Of trees planted on unclean ground, the flowers and fruits are not objectionable.’

Bhaviṣyapurāṇa (Vīramitrodaya-Āhnika, p. 511). — ‘Garlic, leeks, onions, mushrooms, brinjals, gourds — by eating these, one’s caste becomes defiled.’

Brahmapurāṇa (Vīramitrodaya-Āhnika, p. 511). — ‘The circular-shaped Kuṅkuṇḍa, the Caitya-shaped and Umbrella-shaped mushrooms, — all these were born out of the body of the Daitya.’

Taittirīya-Śruti (Vīramitrodaya-Āhnika, p. 512). — ‘The red sap that flows from trees, or any sap that flows from incisions in trees — that is harmful.’

Yama (Vīramitrodaya-Āhnika, p. 513). — ‘Garlic, leek, Vilaya, Sumuhha, mushrooms, onion, — these the wise man should always avoid.’

Hārīta (Vīramitrodaya-Āhnika, p. 511). — ‘The mushroom, the village-hog, onion, garlic, — on eating these, the Brāhmaṇa, even though he be conversant with all the Vedas, becomes degraded.’

Devala (Vīramitrodaya-Āhnika, p. 511). — ‘Śleśmātaka, Vrajaphalī, Kausumbha, Nālamastaka, and leek, — among vegetables, these are not eatable. — Onion, garlic, śukta, exudations, kucuṇḍa, the white brinjal, and kumbhāṇḍa, — these one should not eat.’

 

 

VERSE 5.6

Section II - Objectionable Food

 

लोहितान् वृक्षनिर्यासान् वृश्चनप्रभवांस्तथा ।
शेलुं गव्यं च पेयूषं प्रयत्नेन विवर्जयेत् ॥६॥

lohitān vṛkṣaniryāsān vṛścanaprabhavāṃstathā |
śeluṃ gavyaṃ ca peyūṣaṃ prayatnena vivarjayet ||6||

 

He shall carefully avoid the red exudation from trees, as also those flowing from incisions, the śelu berries, and ‘curdled milk’ of the cow. — (6)

 

Medhātithi’s commentary (manubhāṣya):

‘Exudation from trees’; — anything, apart from the constituent parts of the tree itself, — such as, the root, the trunk, the branches, the leaves, the fruits and the flowers, — which proceeds from the tree, either in the form of some liquid flowing from the cavity in the tree, or in some other form. The epithet ‘red’ excludes, from prohibition, such exudations as the camphor and the like.

Those that have their origin, source, in ‘incisions’; those that flow from the bark and such parts of the tree. These things, if not red, are not forbidden.

‘Śelu’ — the śleṣmātaka fruit, to be known from medical and other treatises. It should not be taken to mean the cream of fresh milk; as it is never known to have that meaning. It has been argued that — “it is better to take the word as standing for cream, on account of its proximity to the term, ‘curdled milk’”. But proximity becomes a means of deciding in favour of one of the two possible meanings of a term, only when the term is actually found in usage to be used in both senses; but it can never be the authority for attributing an unheard of meaning to a word.

‘Of the cow’; — this shows that that of the buffalo etc. is not forbidden. The milk is unfit to be eaten if, by mere contact with fire, it becomes ‘curdled’, — i.e., thickened without adhesion; the term ‘pīyūṣa’ is used in the sense of the milk of the newly-calved cow.

“The text is going to declare, as until to be eaten, the milk, along with all its preparations, of the cow for the first ten days of its calving; and it is only during three or four days that the milk is of the nature described above (i.e., curdled by mere contact with fire) [so that no separate prohibition appears to be called for.]”

True; the thing is mentioned in the present verse with a view to those cases where the milk continues to be so ‘curdled’ even after the first ten days.

The two words — ‘carefully’ and ‘avoid? — are added only for filling up the metre; since ‘unfit to be eaten’ (of verse 5) continues to be connected with all that is mentioned in the text. — (6)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 247); — in Mitākṣarā (on 1.171), which notes that the addition of the epithet ‘red’ makes it clear that the prohibition does not apply to such exudations as assafœtida, camphor and the like; — and in Parāśaramādhava (Ācāra, p. 711), which adds — ‘the red exudations’ meant are the lac and the rest, — the epithet ‘red’ indicating that such exudations as are white, e.g., assafœtida, camphor and the like — are not forbidden, — ‘śelu’ is śleṣmātaka, — ‘peyūṣa’ is ‘new milk,’ i.e., the milk of the newly-delivered cow, whose blood-flow has not ceased; and in support it quotes verse 8 following.

It is quoted in Vīramitrodaya (Āhnika, p. 510), which adds the following notes — ‘Vṛkṣaniryāsa’ is ‘the solidified exudation from trees’, — ‘Vraścana’ is cutting, and the exudations from cuttings are to be avoided even when they are not red. The prohibition does not apply to such things as assafœtida, camphor and the like, — ‘śelu’ is śleṣmātaka, — and ‘peyūṣa’ is the milk of the newly dilivered cow, which solidifies at the slightest contact with fire; — in Hemādri (Śrāddha, p. 567); — and in Prāyaścittaviveka (p. 287).

 

Comparative notes by various authors:

Gautama (17.32, 33). — (See above.)

Vaśiṣṭha (14.33). — (See above.)

Viṣṇu (51.36). — (See above.)

Yājñavalkya (1.171). — (See above.)

 

 

VERSE 5.7

Section II - Objectionable Food

 

वृथा कृसरसंयावं पायसापूपमेव च ।
अनुपाकृतमांसानि देवान्नानि हवींषि च ॥७॥

vṛthā kṛsarasaṃyāvaṃ pāyasāpūpameva ca |
anupākṛtamāṃsāni devānnāni havīṃṣi ca ||7||

 

Needlessly cooked Rice-sesamum and Butter-sugar-sesamum, milk-rice and flour-cakes, unconsecrated meat, food of the gods and sacrificial viands; — (7)

 

Medhātithi’s commentary (manubhāṣya):

‘Kṛsarasaṃyāran’ is an aggregative copulative compound. Rice cooked with Sesamum is called ‘kṛsara’; — ‘saṃyāva’ is a particular article of food, made up of butter, sugar, sesamum and such things, well-known in cities.

Some people, on the strength of the root ‘yu’ (from which the term ‘saṃyāva’ is derived) signifying the act of mixing, explain the term ‘saṃyāva’ as standing for all those articles of food that are prepared by-mixing together different kinds of grains, — such as the mudga, the kuṣṭhaka and the rest.

For these persons the separate mention of ‘kṛsara’ would be superfluous; as this would be included under ‘saṃyāva’, as just explained.

The term ‘needlessly cooked’ is to be construed with all the terms. It stands for what the householder cooks for himself, and not for the sake of Gods, Pitṛs or guests.

This however does not appear to be right. Because the ordinary cooking chat the Householder Hoes is not always for any such set purpose as that of inn king offerings out of it. What happens is that the cooking having been done, without reference to any particular purpose, and only in a general way, the Five Sacrifices have been laid down, as to be offered out of the food thus cooked. So that if the man eats the food without having made the offering to the Viśvedevas out of it, he transgresses a direct injunction; but no prohibition enters into the cuse. According to the present text however, as just explained, such eating would necessitate two expiatory rites, — one due to transgressing an injunction (by not making the offering to the Viśvedevas), and another due to the doing of a prohibited act (of cooking the Rice-sesamum needlessly). If however such articles of food as ‘Rice-sesamum’ and the rest, are cooked without reference to a particular God, or to a particular sacrificial rite, — this involves a transgression of the rules pertaining to one’s daily duties also.

As regards the text ‘one shall not cook for himself’, — this cannot be regarded as a prohibition (; because it being absolutely necessary to Ho the cooking, all that the sentence does is simply to make a reference to the act of eating done by one who has disobeyed the rules (regarding the daily ‘sacrifices’). For, as already pointed out above, if it were a prohibition, there would be a twofold expiatory rite involved. Then again, even when the cooking is done for some other purpose, it cannot be absolutely denied that it has been done by the man ‘for himself’ also. ‘Cooking’ means the act of cooking food, and the fact of its being done for one’s own self cannot be denied by means of the same word; as the man is directed to live upon the same food (i.e., what is left after the feeding of the guests &c). The eating of the remnant, of food, after the guests and others have been fed, (which has been laid down for the Householder) is not meant to be a mere ‘embellishment’ of the Remnant (and not an act necessary for the maintenance of the man himself). Nor has it been laid down anywhere that at the time of cooking the Householder is to make use of any such formula of determination as ‘cook food for me’, which would be regarded as forbidden (by the sentence ‘one shall not cook for himself’) In fact the cooking is said to be ‘for himself’ only in consideration of what happens subsequently. That is to say, if the food were cooked wjth the determination to make an offering to the Gods, and then subsequently the man were to eat it all himself, this would involve the wrong of being false to one’s own resolve also. From all this it is clear that the sentence in question is a mere reiterative reference, the sense being — ‘what one cooks, he should not use for himself until he has made the offering to the Viśvedevas’.

It is in view of all this that this same rule has been held to be applicable also to the case of the man eating uncooked food; in accordance with the assertion — ‘the Gods of a man have the same food as the man himselt’ (Vālmīkīya Rāmāyaṇa.)

Further, cooking is not to be done only by the hungry householder; in fact, the act of cooking every day forms an integral factor of Householder ship itself. So that even on the day on which the man himself does not eat, if he omits the act of cooking, he incurs sin.

The upshot of the whole is this: — The man may cook for himself, or for others; the words ‘shall not cook for himself’ can only mean that people should not undertake the act, if they do not intend to make the offering to the Viśvedevas. So that this only reiterates the obligatory character of the offering. Similarly also the text that — ‘For the removal of the sin of the Five Slaughters, the Viśvedeva-offering shall be made in the ordinary fire, in the Vedic sacrificial fire, in the fire in which oblations have been already poured and the deity dismissed, in water or on the ground, only reiterates the obligatory character of the offering to the Viśvedevas. Because the said offering cannot be made into the Vedic sacrificial fire; specially as there is no authority attaching to a Smṛti text (as against a Śruti text) [so that the text just quoted cannot be taken in its literal sense].

‘Milk-rice and flour-cakes’. — ‘Pāyasa’, ‘Milk-rice,’ stands for rice cooked in milk, and not for preparations of milk; — ‘Puroḍāśa (?)’ is flour-cake.

‘Food of the Gods’: — what these are can only be ascertained from usage.

‘Sacrificial viands — the materials laid down in the Śruti as to be offered into the Fire.

These are ‘unlit to be eaten only before the Grahahomas; as the text is going to lay down the necessity of eating the remnants of the offerings.

The meat of an animal that has not been ‘consecrated,’ — i.e. which has not been killed at a sacrifice.‘Consecration’ is a peculiar form of purification of the animal, prescribed in connection with the ‘Animal-Sacrifice.’ The mention of this indicates that one should eat the remnant of the meat that has been offered at a sacrifice.

Though the Text has already used the qualification ‘needlessly prepared’, yet the epithet ‘unconsecrated’ has been added with a view to forbid the merit of the cow, the sheep and the goa (goat?) that may have been left by the guest and other persons to whom they may have been offered. Or, the term unconsecrated may be taken as refering specially to the meat of the cow, the sheep and the goat; since it is the killing of these animals only that has been enjoined in connection with sacrifices; the other animals being described as already ‘prokṣita’, ‘washed clean’ (fit for cating).

 

Explanatory notes by Ganganath Jha:

Cf. The Mahābhārata 13.104.41.

This verse is quoted in Smṛtitattva (p. 448), which explains ‘vṛthā’ as ‘what is cooked for oneself, and not for being offered to gods or pitṛs’, — and quotes the Chandogapariśiṣṭa as defining ‘kṛsara’ to be ‘rice and sesamum cooked together,’ — ‘saṃyāva’ is a preparation of ‘butter, milk, molasses, and the flour of wheat and other grains,’ — ‘anupākṛtomāṃsa’ is ‘meat not consecrated by mantras,’ — ‘devānna’ is ‘food prepared for offering to gods,’ — ‘haviṣ’ is the ‘sacrificial cake’ and such things; — and in Hemādri (Śrāddha, p. 610.)

 

Comparative notes by various authors:

Gautama (17.31). — ‘Flesh of animals with teeth not fallen out, flesh of diseased animals, and flesh got without any religious purpose.’

Viṣṇu (51.37). — ‘Śālūka, needlessly cooked rice-sesamum and butter, sugar-wheat, rice-milk, cakes, breads fried in butter, food of the gods and sacrificial viands.’

Yājñavalkya (1.171, 173). — ‘Offerings meant for gods... unconsecrated meat, rice-sesamum or butter-sugar-wheat, or milk-rice or flour-cakes or wheaten bread fried in butter, — needlessly cooked.’

 

 

VERSE 5.8

Section II - Objectionable Food

 

अनिर्दशाया गोः क्षीरमौष्ट्रमैकशफं तथा ।
आविकं सन्धिनीक्षीरं विवत्सायाश्च गोः पयः ॥८॥

anirdaśāyā goḥ kṣīramauṣṭramaikaśaphaṃ tathā |
āvikaṃ sandhinīkṣīraṃ vivatsāyāśca goḥ payaḥ ||8||

 

The milk of the cow that has not passed its ten days, as also that of the camel and of one-hoofed animals and of sheep; the milk of the irregular cow, as also the milk of the cow without her calf. — (8)

 

Medhātithi’s commentary (manubhāṣya):

If we read the opening words as ‘anirdaśāham goḥ kṣīram,’ then the prohibition regarding the milk of the camel and other animals also would be understood as limited to the ten days from calving; so that the qualification ‘that has not passed its ten days’ being taken with every one of the animals, it would become necessary to depend entirely upon usage in support of the absolute prohibition of the milk of the camel and other animals. If however we rend ‘anirdaśāyāḥ’ in the feminine form, then there would be no possibility of the above misunderstanding. Because it would not be possible to interpret the nominal affixes (attached to filenames of the other animals) as, in any way, connecting these animals with the epithet ‘anirdaśāyāḥ’)

In as much as the word ‘milk’ is repeated in the second half of the verse, this implies that what are forbidden by the former half are the milk of the camel, of the one-hoofed animals, of the sheep, of the goat and of the cow within ten days of its calving, — along with all its preparations; while in the case of the ‘irregular’ cow and the cow ‘deprived of its calf’, it is the milk only that is forbidden. Such is the usage also.

That cow is called ‘anirdaśāha,’ ‘not passed its ten days’, in whose case ten days have not passed since her calving.

‘Irregular cow’; — the cow that is expected to give milk both morning and evening, but gives it only at one time; giving milk in the evening only if not milked in the morning; and on account of the supply of milk being scanty, she is milked once only.

Some people explain ‘Sandhini’ as standing for that cow which, on having lost her own calf, is made to yield milk by bringing to her the calf of another cow; and in this case the cow ‘without her calf’ would be one whose calf is alive, but is separated from it, and is milked, independently of the calf, through presenting before her such special articles of food as the husks of barley, rice etc., so that the cow would be called ‘without her calf’ by the calf being held aside; just as people say — ‘bring the cow without her calf’.

The ‘cow’ having been already mentioned in the first half, the term is repeated in the second half, with a view to show that similar milk of the goat and the buffalo is not forbidden. The same does not hold good regarding the epithet ‘anirdaśāyāh,’ ‘that has not passed its ten days;’ so that in this connection the ‘cow’ includes the front and the buffalo also. So says Gautama (17.22-23) — ‘The milk of the cow that has not passed its ten days, during the period of impurity; also of the goat and the buffalo.’

The term ‘payaḥ’ ‘milk,’ has been added because it is not easy to construe the term ‘of the cow,’ with the term ‘kṣīram,’ ‘milk’ as contained in the compound ‘sandhinīkṣīram.’ — (8)

 

Explanatory notes by Ganganath Jha:

‘Sandhinī’ — ‘a cow that gives milk only once a day’ (Medhātithi, and Govindarāja); — ‘a cow in heat’ (Kullūka, who quotes Hārita in support, Nārāyaṇa and Rāghavānanda); — ‘a cow big with calf’ (Nandana); — ‘a cow whose own calf being dead, is milked with the help of another’s calf’ (‘some one’ mentioned in Medhātithi.)

This verse is quoted in Mitākṣarā (on 3.290), where it is said that the unintentional drinking of these milks, if done once only, makes one liable to the penance of a single day’s fast, while if done intentionally, or if repeated, it entails a three days’ fast.

It is quoted in Parāśaramādhava (Ācāra, p. 712), where the ‘Sandhinī’ is described as ‘the cow that approaches the bull i.e., the cow in heat’, — and the ‘anirdaśā’ as ‘the one that has not passed more than ten days since delivery.’

It is quoted in Smṛtitattva (p. 448), which adds the following: — ‘anirdaśā’ is that which has not passed ten days since its delivery; — the ‘cow’ stands for the goat and the buffallo also; — ‘ekaśapha’ are the horse and other one-hoofed animals; — the ‘sandhinī’ is the cow that seeks for the bull; the avoiding of the second ‘goḥ’ in the second line indicates that it is the milk of the cow only that has lost its calf, and not that of the goat or the buffalo.

It is quoted in Vīramitrodaya (Āhnika, p. 525), which adds the following: — ‘nirdaśā’ is the cow that has passed ten days since delivery; — ‘ekaśapha’ are the horse and other one-hoofed animals — ‘āvika’ is ‘the milk of the ewe’; — ‘sandhinī’ is the cow in heat; — ‘vivatsā’ is one devoid of her calf.

It is quoted in Madanapārijāta (p. 929), which contains the same remarks as Mitākṣarā; — in Nṛsiṃhaprasāda (Śrāddha p. 13a) — in Hemādri (Śrāddha, p. 567); — in Śuddhikaumudī (p. 328), which explains ‘ekaśapha’ as standing for the Horse and the like, and ‘Sandhinī’ as the cow ‘which has been covered by the bull’; — and in Prāyaścittaviveka (p. 335).

 

Comparative notes by various authors:

Gautama (17.22-26). — ‘The milk of the cow until ten days have elapsed since its calving, which is its period of impurity; — also of the she-goat and the she-buffalo; — the milk of sheep and of the camel is never to be drunk, as also that of one-hoofed animals; also the milk of the cow that is constantly dripping milk, or which gives birth to twins or of the irregular cow; also of the cow that has lost its calf.’

Baudhāyana (1.12.9-11). — ‘The milk of an animal until its calf is ten days old, and of one that gives milk while pregnant should not be drunk; — nor that of a cow which has no calf, or which is milked with a strange calf; the milk of sheep, camels or one-hoofed animals.’

Āpastamba (1.17.22-24). — ‘The milk of sheep, — also the milk of the camel, the deer, the milk of the irregular cow and of the cow that gives birth to twins, — also of the cow within ten days of its calving.’

Vaśiṣṭha (14.34-85). — ‘Let him not drink the milk of the cow in heat, nor of one whose calf has died; — nor that given by cows, buffalos and goats within ten days of calving.’

Viṣṇu (51.28-40). — ‘All milks, except that of the cow, the goat and the buffalo; — the milk of even these within ten days of calving; — also the milk of those which are irregular in milk, or which constantly drip milk, or which has lost its calf.’

Yājñavalkya (1.170). — ‘Milk of the cow in heat, of the cow within ten days of its calving, of the cow that has lost its calf, — one should avoid; also the milk of camels, of one-hoofed animals, of women, of wild animals and of sheep.’

Śaṅkha (Aparārka, p. 216). — ‘The milk of all animals with two teats should be avoided, except that of the goat.’

Āpastamba (Parāśaramādhava, p. 712). — ‘The well-behaved Kṣatriya, or Vaiśya or Śūdra should not drink the milk of the Kapilā cow.’

Hārīta (Vīramitrodaya-Āhnika, pp. 525, 526). — ‘One shall not drink the milk of the cow in heat; — nor of the cow whose calf is absent or dead, of the cow that has been milked dry, nor of one just calved, till seven days have elapsed, according to some, — ten days, according to others, — while according to some, milk becomes drinkable after a month; — they say that for two months, all the milk should he given to the calf; during the third month, one shall milk only two teats, during the fourth three teats.’

 

 

VERSE 5.9

Section II - Objectionable Food

 

आरण्यानां च सर्वेषां मृगाणां माहिषं विना ।
स्त्रीक्षीरं चैव वर्ज्यानि सर्वशुक्तानि चैव हि ॥९॥

āraṇyānāṃ ca sarveṣāṃ mṛgāṇāṃ māhiṣaṃ vinā |
strīkṣīraṃ caiva varjyāni sarvaśuktāni caiva hi ||9||

 

That of all wild animals, except the buffalo; the milk of females (women) and all soured substances should be avoided. — (9)

 

Medhātithi’s commentary (manubhāṣya):

‘Wild animals’ — cows, elephants, monkeys and so forth.

There can be no milk of males; hence the masculine gender used in connection with the words ‘sarvī(?)ṣām mṛgāṇam’ is to be taken as standing for the genus, and the connection is with the female members of that genus: the term ‘mṛgakṣīram’ thus being similar to‘kukkuṭāṇḍam’. This has been made clear by the author of the Mahābhāṣyu in connection with the rules relating to the change of the feminine form into the masculine, (when occurring within a compound).

‘Māhiṣam vinā’; — the neuter form has been used, in view of the neuter form ‘payaḥ’‘milk’.

‘Females,’ — hum in females, women. Though in such passages as‘strī gauḥ somakrayiṇī’,‘the female cow is the price of the soma’, — the term ‘strī’, ‘female’, is found to be used in connection with the animal with the dew(?)lap also, — yet it is to be understood here in the sense of the‘woman’, in as much as in the present context the term cannot apply to any other species of animals, and as it is better known as standing for the‘human female’ only. In all such assertions as — ‘females desire sweets’, ‘females are the best jewels’ — the word is understood as standing for the woman.

The term‘eva’ in the text has been explained as indicating the prohibition of applying the woman’s milk to the eye and such other uses of it: the it caning being that the milk of the woman is to be avoided, not only in eating, but also in all similar uses. The word can be taken as indicative of all this only on the strength of usage and other Smṛti texts; and it cannot be regarded as directly expressive of it. — (9).

 

Explanatory notes by Ganganath Jha:

“Cf. Śatapatha Brāhmaṇa 1.2.3.9, for an early list of animals whose flesh is forbidden” — Hopkins.

This verse is quoted in Mitākṣarā (on 3.290); — and in Smṛtitattva (p. 448), which adds that the term ‘mṛga’ here stands for animals, and not for the deer only; since the ‘buffalo’ is cited as an exception; — ‘śukta’ is the name of those things that, by themselves sweet, become soured by keeping.

The first half is quoted in Aparārka (p. 246), which adds that the phrase ‘payovarjyam’ has to be supplied.

The verse is quoted in Vīramitrodaya (Āhnika p. 525), which takes ‘āraṅyānām mṛgāṇām’ together, and explains it as standing for the Ruru, Mahiṣa, Pṛṣata and the rest; — in Nṛsiṃhaprasāda (Śrāddha p. 13a); — in Hemādri (Śrāddha, p. 567); — in Prāyaścittaviveka (p. 335); — and in Śuddhikaumudī (p. 323).

 

Comparative notes by various authors:

Gautama (17.14). — ‘All soured substances by themselves with the exception of curds.’

Baudhāyana (1.12-15). — ‘Nor soured substances nor molasses turned sour.’

Āpastamba (1.17.15). — ‘Also soured substances.’

Vaśiṣṭha (14.37-38). — ‘Let him avoid wheat-cakes, fried grain, porridge, barley-meal, pulse-cakes, oil, milk-rice and vegetables that have turned sour; like other kinds of sour food prepared with milk and barley-flour.’

Viṣṇu (51.1-42). — ‘Also soured substances by themselves, with the exception of curds.’

Yājñavalkya (1.167, 170), — ‘Things turned sour, food cooked overnight, leavings, &c.’

Bhaviṣyapurāṇa (Aparārka, p. 241). — ‘That should be regarded as spoilt by time, which has been cooked on the preceding day; among such soured substances, curds may be eaten, but not molasses.’

Śaṅkha-Likhita. — ‘Nor what has been cooked twice, nor what has been kept over-night, with the exception of rice cooked in sugar, curds, molasses, or preparations of wheat and barley-flour.’

 

 

VERSE 5.10

Section II - Objectionable Food

 

दधि भक्ष्यं च शुक्तेषु सर्वं च दधिसम्भवम् ।
यानि चैवाभिषूयन्ते पुष्पमूलफलैः शुभैः ॥१०॥

dadhi bhakṣyaṃ ca śukteṣu sarvaṃ ca dadhisambhavam |
yāni caivābhiṣūyante puṣpamūlaphalaiḥ śubhaiḥ ||10||

 

Among Soured Substances, the curd is fit to be eaten, and all that is prepared out of it; as also all that is distilled from pure flowers, roots and fruits; — (10)

 

Medhātithi’s commentary (manubhāṣya):

All ‘soured substances’ having been forbidden in the foregoing verse, the present: text makes an exception in favour of a few of them.

‘Śukta’, ‘soured substance’, is the name of those substances which, being juicy in their constitution and having a distinct taste of their own, become soured either by the flux of time, or by the contact of some other substance. For instance, the Āmrātaka, which is sweet and full of juice, becomes‘soured’ after the lapse of some time; cane-juice becomes ‘soured’ after sometime. Things that are sour by their very nature — e. g., the Pomegranate, the Āmalaka, the Lemon &c. — are not called‘soured substances’; nor those that are still unripe. Because the term‘śukta’,‘soured’, is not synonymous with‘sour’. What are directly forbidden here are only those soured substances that have become sour by fermentation; and those that turn sour by the contact of flowers and roots &c. are only indirectly indicated; according to what Gautama has said (17.14) — ‘All soured substances except Curd only’.

‘Distilled’. — Distillation consists in allowing the thing to remain soaked in water over-night.

“In that case the sourness would be due to the length of time (so that all these would be included among‘Soured Substances’).”

True; these also are ‘soured substances’; and the Instrumental ending may signify either instrumentality or association. The meaning thus is — ‘what are distilled — e.g. made out of — flowers etc. along with water’.

Some people offer the fallowing explanation: — “The roots of trees are directly productive of sourness. Such ‘sour substances’ as the Pomegranate, the Āmalaka and the rest are ‘fit to be eaten’, while those that are distilled from grapes and other sweet things are not eaten. ‘Distillation’ means producing acidity; hence ‘distilled from flowers’ means soured by flowers and such things. Grapes and such other things however are not themselves productive of acidity; in their case it is time alone that is the acidulating agent.”

This however i not right; simply because such is not the meaning of the term (‘distillation’). When one says ‘he is distilling Soma’ — this is not understood to mean that he is making it sour; what is understood is as we have explained above.

‘Prepared out of curd’; — e.g. Udaśvit, Maṣṭu (whey), Kilāṭa (Coagulated milk), Kūrcika (Inspissated milk) and so forth. — (10)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.290); — in Smṛtitattva (p. 448), which explains ‘dadhisambhavam’ as standing for the takra and other similar preparations; — and again on p. 182; — and in Hemādri (Śrāddha, p. 616).

 

Comparative notes by various authors:

Gautama (17.14). — (See above.)

Baudhāyana (1.12.14). — ‘Stale food should not be eaten, except pot-herbs, broths, meat, clarified butter, cooked grain, molasses, curds and barley-meal.’

Āpastamba (1.17.19). — ‘Excepting raw sugar, fried grain, curd-rice, fried barley, barley-meal, vegetables, meat, wheat-cake, preparations of milk, herbs, tree-roots and fruits (stale food shall not be eaten).’

Viṣṇu (51.42). — (See above.)

Yājñavalkya (1.169). — ‘Food cooked overnight may be eaten, if it is smeared with fatty oils, or if it has been kept for a long time; preparations of wheat, barley and milk may be eaten even when not mixed with fatty oils.’

Yama (Aparārka, 7.245). — ‘Soured foods one should Dover eat; but in times of distress they may be eaten after being washed; preparations of lentil and māṣa, even though cooked overnight, one may eat after washing them and mixing butter with them. Even though one may avoid soured substances, one may eat such things cooked overnight as wheat-cakes, rice-curd, fried grains, small cakes, barley-meal, vegetables, meat, broths, rice-gruel, barley-flour and things mixed with fatty oils. Curds and food mixed with molasses, when stale, should be avoided; so also drinks prepared with honey and butter.’

Devala (Do.). — ‘Even though soured, curd may be eaten, also preparations of curd; drinks made of fruits and roots and flowers may be eaten, if they are not intoxicating.’

 

 

VERSE 5.11

Section II - Objectionable Food

 

क्रव्यादान् शकुनान् सर्वान्तथा ग्रामनिवासिनः ।
अनिर्दिष्टांश्चेकशफान् टिट्टिभं च विवर्जयेत् ॥११॥

kravyādān śakunān sarvāntathā grāmanivāsinaḥ |
anirdiṣṭāṃścekaśaphān ṭiṭṭibhaṃ ca vivarjayet ||11||

 

He shall avoid all carnivorous birds, and also those living in villages, the one-hoofed animals not specified, and also the Ṭiṭṭibha. — (11)

 

Medhātithi’s commentary (manubhāṣya):

‘Carnivorous’; — those that eat raw flesh; such as the Heron, the Vulture &c. What are meant are those that eat raw flesh only; and not those that eat both (raw and cooked flesh), such as the Peacock and the rest.

‘Living in villages’ — even though they be not carnivorous.

‘One-hoofed animals;’ — e.g., the Horse, the Mule, the Ass and so forth.

‘Not specified’; — i.e. those that have not been specified as fit to be eaten should not be eaten: those that have been so specified are lit to be eaten. For instance, it has been declared that ‘one who desires to obtain offspring shall eat the meat of the camel, the horse, the bear and the white ass’. [and here the one-hoofed animals, horse and white ass, are specified as fit to be eaten].

“The eatability of these animals is known only from this Śruti passage. And the presence of the term ‘specified’ in the verse would he understood to mean that the animals thus specified in the Vedic passage may be eaten even elsewhere (apart from Vedic sacrifices also); the meaning of the text being ‘one shall avoid those nut specified, but not those specified.’ As a matter of fact however, nowhere in the Smṛti have any one-hoofed animals been specified as fit to be eaten, with reference to which the term ‘not specified’ (of the text) could be explained. Hence it comes to this that ‘those not specified in the śruti are unfit to be eaten”.’

Our answer to the above is that such a sense of the Smṛti would be contrary to all usage. The term ‘not specified’ is a mere re-iterative reference.

‘Ṭiṭṭibha’ — is a bird which is always screaming ‘ṭiṭ’, ‘ṭiṭ’. In most cases the names of birds are in imitation of their sounds: as says the Nirukta — ‘The name Kāka is in imitation of the sound; such is the case with most bird-names.’ — (11).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika p. 540), which adds the following notes: — ‘Kravyādaḥ’ are the vulture and other birds that eat raw flesh only, and also the peacock and others that eat both raw and cooked flesh; — ‘grāmanivāsinaḥ’ stands for such village-birds as the pigeon and the like, which do not eat flesh; — the term Śakunīn is to be construed with both ‘kravyādaḥ’ and ‘grāmanivāsinaḥ’; — ekaśapha’ are the horse and other one-hoofed animals, — ‘anirdiṣṭaḥ’ means ‘those that are not mentioned in the Śruti as fit for eating’; those that are mentioned as such should certainly be eaten; this refers to such sacrificial animals as are mentioned in the Vedic texts like the following: — ‘One should sacrifice the horse to Tvaṣṭṛ’; which implies that the flesh of the horse so sacrificed must be eaten; — ‘Ṭiṭṭibha’ is the name of the bird that makes the ‘ṭī ṭī’ sound.

It is quoted in Hemādri (Śrāddha, p. 582); — and in Smṛtisāroddhārā (p. 298).

 

Comparative notes by various authors:

Gautamā (17.28-29) — ‘Animals with two rows of teeth, hair-covered animals, hairless animals, one-hoofed animals, house-sparrow, Cakravāka and Haṃsa; — also crows, herons, vultures, kites, such water-fowls as have red feet or beaks, village-hens and village hogs.’

Baudhāyana (1.12.1-2). — ‘Tame animals should not be eaten; nor carnivorous and tame birds.’

Āpastamba (1.17.29, 34). — ‘One-hoofed animals, camels, gavaya, village-hog, śarabha and cows; — also carnivorous animals (are not to be eaten).

Vaśiṣṭha (14.48). — ‘Among birds, those who seek food by scratching with feet, the web-footed ones, the Kalaviṅka, the water-hen, the flamingo... a vulture,... those feeding on flesh and those living about villages,’

Viṣṇu (51.28-30). — ‘On eating the flesh of carnivorous animals and birds one should perform the Tapta-Kṛcchra; on eating the Kalaviṅka... one should fast for three nights; — also on eating one-footed animals and those with two rows of teeth.’

Yājñavalkya (1.172). — ‘Carnivorous birds... one-hoofed animals, animals living about villages, etc., etc.’

Paiṭhīnasi (Aparārka, p. 248). — ‘Cow, sheep, goat, horse, mule, ass and man — these seven are the gramya-paśus (grāmya-paśus?), animals living about villages.’

Hārīta (Do.). — ‘They eat animals of the village and of the forest, sheep, goat, buffalo, deer, rhinoceros, etc., etc.’

Devala (Vīramitrodaya-Āhnika, p. 541). — ‘Cranes, flamingoes, owls, crows, vultures, cocks, pigeons are birds that should not be eaten.’

Yama (Do, pp. 542 and 543). — ‘Mushrooms. village-hogs, web-footed birds, — by eating these the twice-born becomes degraded; also by eating cows, horses, asses, camels, dogs, jackals, scratching birds, and pecking birds.’

Āpastamba (Do.). — ‘Among scratching birds, the cock should not he eaten; among pecking birds, the Plava; also carnivorous birds and the flamingo, the Bhāsa, etc., etc.’

Parāśara (2.11). — ‘On intentionally eating the flesh of the frog or the mouse, the twice-born becomes purified by living on barley-meal for one day.’

 

 

VERSE 5.12

Section II - Objectionable Food

 

कलविङ्कं प्लवं हंसं चक्राह्वं ग्रामकुक्कुटम् ।
सारसं रज्जुवालं च दात्यूहं शुकसारिके ॥१२॥

kalaviṅkaṃ plavaṃ haṃsaṃ cakrāhvaṃ grāmakukkuṭam |
sārasaṃ rajjuvālaṃ ca dātyūhaṃ śukasārike ||12||

 

The Sparrow, the Plava, the Haṃsa, the Cakravāka; the village-cock, the Crane, the Rajjudāla, the Dātyūha, the Parrot and the Starling. — (12).

 

Medhātithi’s commentary (manubhāṣya):

‘Sparrow’, ‘Kalabiṅka’ (‘Kalaviṅka’), is the name of a village-bird described in the scriptures. Its prohibition being already got at by the general prohibition of all ‘village-birds’, the separate mention of the sparrow implies the catability of the female sparrow; — the term ‘kalabiṅka’ being a masculine just like the term ‘bull.’

Others have explained that this name has been added for the purpose of excluding (from the prohibition) the wild sparrow, which retires to the forest during the rains. They are called ‘village-birds’ because of their living in the villages during the greater part of the year; just as is the case with the ‘wild buffalo.’

The prohibition of the plava, the haṃsa, and the cakravāka being already got at from the general prohibition of all ‘web-footed birds’, the separate mention of these is for the purpose of emphasising the obligatory character of their exclusion. — the eating of the ‘Ātya’ and other ‘web-footed’ birds being regarded as optional.

‘Village-cock’ — the specification of the ‘village -cock’ permits the eating of the wild cock.

“But why should there have been any suspicion regarding the non-eatability of the wild cock at all?”

Because another Smṛti text says simply — ‘Among birds, the cock’, which indicates that all kinds of cock are equally ‘unfit to be eaten’; it is for this reason that this general statement line been sought by the present text, to be limited in its scope.

“But why cannot this he regarded as a case of option, since the present text permits the eating of the wild crick, which the other text forbids?”

This cannot he a case of option: it is a case of option only when there are two contradictory texts of equal authority hearing upon the same subject; in the present case however, there is no contradiction: there is no difference in the actual teaching of the two Smṛti-texts concerned: because it is quite reasonable to regard the general statement as restricted in its scope; specially as a third independent text has already been quoted above.

“If this be so, then the general prohibition regarding the web-footed birds may be taken as restricted in its scope to the Haṃsa and other specified birds: so that the prohibition does not extend to all crows and web-footed birds.”

This would have been the case if the Smṛti-treatises were not the work of a human author. In the case of works of non-human origin, if they proceed from different sources, there would be no useful purpose by making the general statement restricted to the particular case of the Haṃsa and other birds; while in the case of the work of human authors, if they proceed from different persons, it is quite possible that the person who knows the truth in its general form is ignorant of it in the restricted form, or the person who know it in the limited form is ignorant of it in the wider form; so that when we come to consider the source of the two statements, we assume the existence (in the Veda) of a general statement as the source of one, and a particular statement as the source of the other: and these two Vedic statements occurring in two different recensional texts, the only reasonable course is to construe them together, unless there are distinct injunctions bearing upon the two statements. Specially as no such complaint can be raised against the Vedas as — ‘What is the use of the general statement if it is to be taken in its restricted sense?’ There is no room for such a complaint, because there is no author in the case against whom such a complaint could be raised. Specially as in the case of a Vedic statement, the only idea that is obtained is front the actual words of the text, only that which can be derived from the words themselves; and there can be no justification for the assuming of any other meaning, for any purpose whatsoever.

What the ‘Rajjudāla’ and other birds are is to be learnt from persons versed in the science of birds. — (12)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 540), which adds the following notes: — ‘Kalaviṅka’ is the caṭaka, the sparrow; these being already included under ‘grāmanivāsinaḥ’, their separate mention is meant to indicate that they are always to be avoided; which implies that the ‘cāṣa’ and other ‘grāmanivāsi’ birds may be eaten. [All this hitter note is attributed to Medhātithi by the writer; but no words to this effect are found in Medhātithi; see Translation ]. — The epithet ‘grāma’ in ‘grāmakukkuṭaḥ’ indicates that wild kukkuṭa is not forbidden; ‘sārasa’ in the bird called ‘puṣkara,’ which has a long neck, long feet and is of blue colour; — ‘Rajjudāla’ is the wood-pecker; — ‘dātyūha’ the black-necked bird; — ‘Śuka’ is parrot; — ‘sārikā’ is well known by its own name.

It is quoted in Hemādri (Śrāddha, p. 583).ted in Hemādri (Śrāddha, p. 583).

 

Comparative notes by various authors:

Gautama (17.28-29). — (See above under 11.)

Baudhāyana (1.12.143). — ‘Nor tame cocks and pigs.’

Āpastamba (1.17.32-33, 35). — ‘Among scratching birds, the tame cock shall not be eaten; among pecking birds, the Plava shall not be eaten; nor the swan, the Bhāsa, the Brahmani duck, or the falcon.’

Vaśiṣṭha (14-48). — ‘Among birds, the scratchers, the peckers, the web-footed, the Kalaviṅka, the water-hen, the flamingo, the Brahmani duck, th e Bhāsa, the crow, the blue pigeon, the osprey, the Cātaka, the dove, the crane, the black partridge, the grey heron, the vulture, the falcon, the white egret, the ibis, the cormorant, the peewit, the flying-fox, the night-flying birds, the wood-pecker, the sparrow, the Railātaka, the green pigeon, the wag-tail, the village-cock, the parrot, the starling, the cuckoo, the carnivorous birds and those living about villages (should not be; eaten).’

Viṣṇu (51.3.29). — ‘Village-hog, village-hen, monkey, cow — on eating these one shall perform the Cāndrāyaṇa;...one shall fast for three nights if he eat the Kalaviṅka, Plava, etc.,etc.’

Yājñavalkya (1.172-174). (See under 11, 7 also.) — ‘Kalaviṅka, Black crow, Kurara, wood-pecker, web-footed birds, Khañjarīṭa, and strange animals and birds — these one should avoid.’

Devala (Vīramitrodaya-Āhnika, p. 541). — ‘The following birds should not be eaten: Crane, Swan, Dātyūha, etc., etc.’

Yama (Vīramitrodaya-Āhnika, p. 542)__‘The mushroom, the village-hog, the web-footed birds, cocks, — by eating these the twice-born becomes degraded.’

Śaṅkha (Do). — ‘The partridge, the peacock, the pheasant, the white partridge, the Vārdhrīṇasa bird and the duck, these Yama has himself declared to be fit for eating.’

 

 

VERSE 5.13

Section II - Objectionable Food

 

प्रतुदाञ्जालपादांश्च कोयष्टिनखविष्किरान् ।
निमज्जतश्च मत्स्यादान् सौनं वल्लूरमेव च ॥१३॥

pratudāñjālapādāṃśca koyaṣṭinakhaviṣkirān |
nimajjataśca matsyādān saunaṃ vallūrameva ca ||13||

 

Those birds that feed by striking with their beaks, those that are web-footed, the koyaṣṭi, those that scratch with their nails, those that dive and eat fish, slaughter-house meat, and dried meat. — (13)

 

Medhātithi’s commentary (manubhāṣya):

Those that feed by ‘striking’ — piercing — ‘with their beaks.’ Such is the nature of these birds. The Śatapatra and other birds belong to this class.

‘Web-footed’ — The Āti and the rest. That there is an option in regard to this has already been pointed out above (Bhāṣya on 12.)

“Wherever there is an option, it depends upon the man’s wish which of the two options he will adopt: and as a matter of fact, it is only an unforbidden course that can be so adopted. The act of eating is an ordinary temporal act, possible only when there is a desire on the part of the man (to do it); it is not a spiritual act, which would have to be done in any case. So that we do not see any useful purpose that could be secured by an optional prohibition.”

Our answer to this is that this has already been answered.

“But what has been said may be all right in regard to cases where (as in the Veda) the comprehension of the meaning depends entirely upon the words of the text, and there is no intention (of any author) behind them (to indicate their true purport). The present treatise however is the work of a human author, having been composed by him with great care and labour. for the purpose of supplying in brief all the information that was contained in another voluminous work containing a hundred thousand verses; so that no needless word can be used in it. In fact it is for this reason (of his not using a single superfluous word) that the author comes to be regarded as a ‘Teacher’. It is not that there is no prohibition of all web-footed birds in general, in which case alone the prohibition of a particular web-footed bird, the Haṃsa, could be justified. Since the present verse also is a Smṛti-text (and it forbids all web-footed birds in general). Some people have held that the term ‘jālapāda’ (web-footed bird) in the present verse is a wrong reading”.

We have already explained that the intention of the Teacher is undersood with the help of gestures, actions and the spinning out of long explanations; and in the present case particular details are also inferred. What was meant to be said was that ‘one shall not eat web-footed birds in normal times’; but the author has propounded the prohibition in the wider form, with it view to justifying both prohibitions (of web-footed birds in general, and of the Haṃsa in particular).

‘Sūnā’ ‘Slaughter house’, is that place where animals are killed for the purpose of selling their flesh. Others explain it as ‘meat-market’.

‘Dried meat’, ‘Vallura’, is Mesh dried and kept for several days.

‘Nakhuviṣkira’ are those birds that scratch with their nails; — e.g. the Peacock, the Cock &c.

These birds are partly ‘fit to be eaten’ also, in view of the assertion that these may be eaten ‘in abnormal times;’ specially in view of what another Smṛti-writer has said regarding ‘the Cock among birds’ (being eatable). But the present text of Manu cannot be regarded as referring to the Cock; as in that case the separate mention of the ‘Cock’ would be useless. — (13)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 540), which adds the following notes: — ‘pratudāḥ’ are the birds that strike with the peak and then eat; — ‘jālapāda’ is the web-footed bird, e.g. the cāṣa and the like; — ‘koyaṣṭi’ is a species of wild birds; — ‘nakhaviṣkira’ is the bird that scratches out food with its nails; — ‘nimajjya matsyādān’ are those birds that catch fish by diving under water; e.g. the aquatic crow and the like; — ‘sūnā’ is the slaughter-house, and ‘sauna’ is that which is got from there; — ‘vallūra’ is dry fish.

It is quoted in Hemādri (Śrāddha, p. 583).

 

Comparative notes by various authors:

Gautama. (17.35). — ‘The peckers, the scratchers and birds that are not web-footed may be eaten.’

Vaśiṣṭha (14.18). — (See above.)

Viṣṇu (51.27). — ‘On eating unrecognised meat, or meat from the slaughter-house or dry flesh, one should perform the Cāndrāyaṇa.

Yājñavalkya (1.172, 174, 175). — (See above, — and also) ‘Chāṣas, red-footed birds, meat from the slaughter-house and dry flesh, — on eating these; intentionally one should go without food for three days.’

 

 

VERSE 5.14

Section II - Objectionable Food

 

बकं चैव बलाकां च काकोलं खञ्जरीटकम् ।
मत्स्यादान् विड्वराहांश्च मत्स्यानेव च सर्वशः ॥१४॥

bakaṃ caiva balākāṃ ca kākolaṃ khañjarīṭakam |
matsyādān viḍvarāhāṃśca matsyāneva ca sarvaśaḥ ||14||

 

The Baka, the Balākā, the Kākola, the Khañjarīṭa, the fish-eaters, and village pigs; as also fish always. — (14)

 

Medhātithi’s commentary (manubhāṣya):

The prohibition of the ‘Baku, Balākā and Kākola’ being already included under that of ‘fish-eaters’, these have been mentioned separately in order to indicate that the eating of the other fish-eating birds is optional.

‘Fish-eaters’. — Animals other than birds also, which eat fish, are to be regarded as ‘unfit to be eaten’; such animals, for instance, as the alligator and the like; that this is what is meant, is clear from the fact that the name ‘fish-eater’ is to be applied in its literal sense.

Kākola is the same as the Kite, such being its name in foreign lands; for instance, it is known by this name in the Bāhlīka country.

The prohibition of the ‘village-pig’ implies the permission to eat the wild pig. The prohibition of those ‘living in villages’ in the preceding verse (11) should be taken, on the strength of the context, us referring to birds only. It is only thus that there would be any point in the mention of the ‘village-pig’ in the present verse. The pig that lives in villages is called ‘viḍvarāha’, ‘village-pig.’

“If in verse 11, ‘those living in villages’ are to be taken, on the strength of the context, as birds only, then the term ‘fish-eaters’ in the present verse also should be taken as referring to birds only.”

Not so; because the present context is not restricted to birds only; since it mentions also non-birds, such as the ‘village pig’ and‘fish.’

‘Sarvaśaḥ,’ — always.

This is a general rule; its exceptions we shall explain later on. — (14).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 343), which adds the following notes: — The ‘vaka’ and the ‘balākā are well known birds ; — kākola is the Droṇakāka; — ‘khānjarīṭa’ is the khañjana; — ‘matsyādāḥ’ are the alligator and the like; — the prohibition of the ‘viḍvarāha’ implies the sanction of the wild boar. — ‘ṣarvaśaḥ’ means in every way’; — and in Hemādri (Śrāddha, p. 583).

 

Comparative notes by various authors:

Gautama (17.29, 34). (See under 12, and). — ‘Carnivorous birds (should be avoided).’

Baudhāyana (1.12-3, 8). — ‘Nor tame cocks and pigs; — five kinds of scratching birds — partridge, blue rock-pigeon, francoline partridge, Vārdhrīṇasa crane, the peacock (may be eaten).’

Vaśiṣṭha (14.48(?)). — (See above, under 12.)

Viṣṇu (51.21.29). (See under 11, and) — ‘On eating fish other than the Pāṭhīna, the Rohita, the Rājīva, Siṃhatuṇḍa and Śakula, one should fast for three davs.’

Yājñavalkya (1.173-175). — (See above under 12 and 13.)

 

 

VERSE 5.15

Section II - Objectionable Food

 

यो यस्य मांसमश्नाति स तन्मांसाद उच्यते ।
मत्स्यादः सर्वमांसादस्तस्मान् मत्स्यान् विवर्जयेत् ॥१५॥

yo yasya māṃsamaśnāti sa tanmāṃsāda ucyate |
matsyādaḥ sarvamāṃsādastasmān matsyān vivarjayet ||15||

 

He who eats the flesh of an animal, is called the ‘eater of its flesh’; he who eats fish is the ‘eater of all kinds of flesh’; hence one shall avoid fish. — (15).

 

Medhātithi’s commentary (manubhāṣya):

This is a commendatory supplement to the foregoing prohibition of fish.

When one eats the flesh of an animal, he comes to be described as connected with the act of eating that animal; e.g., the mungoose is called ‘serpent-eater’, the cat ‘rat-eater’ and so forth. He who eats fish eats all kinds of flesh; it would be right to speak of him as a ‘beef-eater’ also.

Hence, by reason of the possibility of this calumny, one should avoid fish. — (15).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 546), which adds that this is an arthavāda to the prohibition of eating fish that has gone before in the preceding verse; — in Smṛtitattva (p. 448); — and in Smṛtisāroddhāra (p. 299).

 

Comparative notes by various authors:

(verses 5.15-16)

Āpastamba (1.17.38-39). — ‘Among fish, the Ceṭa should not be eaten; — nor the snake-headed fish or the alligator, or those that live on flesh only, nor those mis-shaped like the Mermen.’

Yama (Vīramitrodaya-Āhnika, p. 546). — (Same as Manu, and also) — ‘The following arc unfit for eating — the alligator, serpent,

leech, Madgu, peacock-shaped aquatic animal, small snake-like fish, crocodile, water-hen, and those fish that have ears like the horses, or without scales, or having mouths at both ends. — The student of Veda should avoid all scaleless fish.’

Paiṭhīnasi (Vīramitrodaya-Āhnika, p. 546). — ‘The Kulīra, Vārtāka, Pattana, Jalānarta and Kṣipraga are unfit for eating. Fish with scales are eatable; others are uneatable, so also the snakeheaded fish and fish with mis-shaped mouth.’

Vaśiṣṭha (14.41, 42). — ‘Among fish, the long-nosed crocodile, the Gavaya, the porpoise, the alligator, the crab, should not he eaten, nor those that are mis-shaped or snakeheaded.’

Devala (Vīramitrodaya-Āhnika, p. 547). — ‘Among aquatic animals, Shambu, Śukti, Nakhaśukti, alligator, flying-fish and misshaped fish should not be eaten.’

Hārīta (Do.). — ‘Fish that are not mis-shaped (may be eaten).’

Yājñavalkya (1.177-178). — ‘Among fish the following may be eaten by the twice-born, — Siṃhatuṇḍa, Rohita, Pāṭhīna and those with scales.’

Gautama (17.36-37). — ‘Fish that are not mis-shaped and animals that are slain for the fulfilment of the sacred law.’

Bodhāyana. (1.12-8). — (See under 14)

Viṣṇu (51-21). — (See under 14.)

 

 

VERSE 5.16

Section II - Objectionable Food

 

पाठीनरोहितावाद्यौ नियुक्तौ हव्यकव्ययोः ।
राजीवान् सिंहतुण्डाश्च सशल्काश्चैव सर्वशः ॥१६॥

pāṭhīnarohitāvādyau niyuktau havyakavyayoḥ |
rājīvān siṃhatuṇḍāśca saśalkāścaiva sarvaśaḥ ||16||

 

The ‘Pāṭhīna’ and the ‘Rohita’ are fit to be eaten when used as offerings to gods or Pitṛs; the ‘Rājīva’, the ‘Siṃhatuṇḍa’ and the ‘Saśalka,’ (one may eaṭ) on all occasions — (16)

 

Medhātithi’s commentary (manubhāṣya):

‘Pāṭhīna’ and ‘Rohita’ — two particulars kinds of fish-having been mentioned as fit to be offered to Gods and to Pitṛs, the eating of these is permitted on the occasion of the performance of Śrāddha and other rites; and not in the course of ordinary daily food. As for the Rājīva, the ‘Siṃhatuṇḍa’ and the ‘Saśalka’ fish on the other hand, these are to be eaten ‘on all occasions’; i.e. they may be eaten also on occasions other than the offerings to Gods and to Pitṛs.

‘Rājīva’ some people regard this as standing for lotus-coloured fish. Others explain it as standing for those fish that are marked by lines.

‘Siṃhatuṇḍa,’ — those having a lion-like face.

‘Saśalka’ — is the same as the fish called ‘Shakalin.’ — (16).

 

Explanatory notes by Ganganath Jha:

Medhātithi and Govindarāja explain the meaning to be that “The Pāṭhīna and the Rohita are to be eaten only when offered to the gods or Pitṛs, and not ordinarily, while those enumerated in the second half are to be eaten ‘sarvasaḥ’ at all times.” — Kullūka objects to this explanation on the following grounds: — There is no authority for the view that the two kinds of fish are to be offered at Śrāddhas, eaten only by the person invited at it, not by the performer of the Śrāddha or other persons, while the other kinds are to be eaten by others also; — in fact all other authorities have placed all those mentioned here on the same footing. Kullūka’s own explanation is as follows: — ‘The Pāṭhīna and the Rohita should be eaten, as also the Rājīva and the rest’; — and the phrase ‘niyuktau havyakavyoḥ’ he takes as standing by itself, in the sense that ‘all things that are forbidden may be eaten, when one is threatened with starvation, after they have been offered to the gods and Pitṛs.’

This verse is quoted in Mitākṣarā (on 1.178), which goes one farther than Medhātithi, and adds that those enumerated in the second line also are to be eaten only when offered at Śrāddhas and sacrifices; — and in Vīramitrodaya (Āhnika, p. 547), which adds the following notes: — ‘ādyau’ means ‘are to be eaten’ — when they are ‘niyuktau’ — i.e., used for the purpose of Śrāddha and other offerings; — ‘Pāṭhīna’ is that which is also called ‘Chandraka,’ ‘Rājīva’ is red-coloured, ‘Siṃhatuṇḍa,’ is that which has its mouth like the lion’s, ‘Saśalka’ are fish covered with shell-like skin.

It is quoted in Smṛtattva (p. 449); — in Hemādri (Śrāddha, p. 577); — and in Smṛtisāroddhāra (p. 300), which explains ‘niyuktau,’ as employed for Śrāddha and other purposes, and ‘ādyau’ as ‘may be eaten,’ ‘rājīva’ as red-coloured.

 

Comparative notes by various authors:

(verses 5.15-16)

See Comparative notes for Verse 5.15.

 

 

VERSE 5.17

Section II - Objectionable Food

 

न भक्षयेदेकचरानज्ञातांश्च मृगद्विजान् ।
भक्ष्येष्वपि समुद्दिष्टान् सर्वान् पञ्चनखांस्तथा ॥१७॥

na bhakṣayedekacarānajñātāṃśca mṛgadvijān |
bhakṣyeṣvapi samuddiṣṭān sarvān pañcanakhāṃstathā ||17||

 

He shall not eat solitary animals, nor unknown beasts and birds, even though indicated among those fit to be eaten; nor any five-nailed animals. — (17).

 

Medhātithi’s commentary (manubhāṣya):

‘Solitary’ — those animals that move about singly (not in herds); such as serpents, owls and the like.

‘Unknown’ — as regards name and kind.

‘Beasts and birds;’ — neither beasts nor birds are fit to be taken.

‘Even though indicated among those fit to be eaten’ — Those that are not actually forbidden are, to that extent, regarded as fit to be eaten; and hence indirectly ‘indicated’ as such. In reality, there is no direct indication of those fit to be eaten. Those that are not specially recognised as to be avoided come to be regarded as fit to be eaten; and these are spoken of as ‘indicated as fit to be eaten’.

‘Fire-nailed animals:’ — e.g. the Monkey, the Jackal and the like.

‘Any’ — has been added for filling up the metre. — (17)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 544), which adds the following notes: — ‘Ekacara’ are those animals which, as a rule, roam about alone, such for instance as serpents; — ‘ajñātāḥ’ — whose name and species are unknown, i.e., one should not eat unknown animals which, though not falling under any species either generally or specifically prohibited, are understood by implication to be included under those that are permitted; — nor should one eat any five-nailed animals, with the exception of the śaśaka and the rest (enumerated in the next verse).

 

Comparative notes by various authors:

(verses 5.17-18)

Gautama (17-27). — ‘Five-nailed animals should not be eaten, excepting the hedge-hog, the hare, the porcupine, the iguana, the rhinoceros and the tortoise.’

Baudhāyana (1.12-5). — ‘Five five-nailed animals may be eaten — viz., the porcupine, the iguana, the hare, the hedge-hog, the tortoise and the rhinoceros, except (perhaps) the rhinoceros.’

Āpastamba (1.17-37). — ‘Five-nailed animals should not be eaten, excepting the iguana, the tortoise, the porcupine, the rhinoceros, the hare and the Putīkaśa.’

Vaśiṣṭha (14.39, 40, 44, 47). — ‘Among five-nailed animals, the porcupine, the hedge-hog, the hare, the tortoise and the iguana may he eaten; among domestic animals, those having only one row of teeth, except the camel; those not mentioned as fit for eating should not be eaten; regarding the wild boar and the rhinoceros, there are conflicting opinions.’

Viṣṇu (51.6, 26, 27). — ‘On eating the flesh of five-nailed animals, — except the hare, the porcupine, the hedge-hog, the rhinoceros and the tortoise, — one should fast seven days; on eating the flesh of the ass, the camel and the crow, one should perform the Cāndrāyana, — also on eating unknown flesh, or flesh from the slaughter-house, or dried flesh.’

Yājñavalkya (1.174, 177). — ‘Unknown animals and birds, flesh from the slaughter-house and dried flesh (should not be eaten). Among five-nailed animals, the following may be eaten: the porcupine, the hedge-hog, the alligator, the tortoise and the have.’

Devala (Vīramitrodaya-Āhnika, p. 543). — ‘Among animals, the following should not be eaten: the cow, the camel, the ass, the horse, the elephant, the lion, the leopard, the bear, the Śarubha, serpents and boa constrictors, the rat, the mouse, the cat, the mongoose, the village-hog, the dog, the jackal, the tiger, the black-faced monkey, the man and the monkey.’

 

 

VERSE 5.18

Section II - Objectionable Food

 

श्वाविधं शल्यकं गोधां खड्गकूर्मशशांस्तथा ।
भक्ष्यान् पञ्चनखेष्वाहुरनुष्ट्रांश्चैकतोदतः ॥१८॥

śvāvidhaṃ śalyakaṃ godhāṃ khaḍgakūrmaśaśāṃstathā |
bhakṣyān pañcanakheṣvāhuranuṣṭrāṃścaikatodataḥ ||18||

 

Among five-nailed animals they declare the porcupine, the hedge-hog, the alligator, the rhinoceros, the tortoise and the hare, as fit to be eaten; as also all animals having one line of teeth. except the camel. — (18)

 

Medhātithi’s commentary (manubhāṣya):

Among five-nailed animals, the Porcupine and the rest are fit to be eaten.

In another Smṛti, there is option regarding the Rhinoceros. Says Vaśiṣṭha (14-4?) — ‘They dispute about the rhinoceros.’

With the exception of the camel, all those animals are fit to be eaten which have only one line of teeth: for instance, the cow, the gout and the deer.

“In as much as the present verse specifies the porcupine &c. as alone fit to be eaten, among five-nailed animals, — it follows that all the other five-nailed animals are unfit to be eaten; so that the prohibition of ‘all five-nailed animals’ becomes entirely superfluous.”

There is nothing wrong in this. When the prohibition is stated in so many words, our comprehension of it is direct; if on the other hand, we were to derive our knowledge of what should not be eaten from the specification of what should be eaten, our comprehension of the prohibition would be only inferential, indirect; and this would he a complicated process. — (18).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.177); — in Vīramitrodaya (Āhnika, p. 545), which explains ‘ekatodataḥ’ as ‘those that have only one line of teeth’; — and in Smṛtisāroddhāra (p. 299).

 

Comparative notes by various authors:

(verses 5.17-18)

See Comparative notes for Verse 5.17.

 

 

VERSE 5.19 [Penalty for eating Forbidden Food]

Section III - Penalty for eating Forbidden Food

 

छत्राकं विड्वराहं च लशुनं ग्रामकुक्कुटम् ।
पलाण्डुं गृञ्जनं चैव मत्या जग्ध्वा पतेद् द्विजः ॥१९॥

chatrākaṃ viḍvarāhaṃ ca laśunaṃ grāmakukkuṭam |
palāṇḍuṃ gṛñjanaṃ caiva matyā jagdhvā pated dvijaḥ ||19||

 

The mushroom, the village-pig, garlic, the village-cock, onions and leeks, — the twice-born man eating these intentionally would become an ou tcast. — (19).

 

Medhātithi’s commentary (manubhāṣya):

‘Chatraka’ is the same as karaka, the mushroom.

‘Viḍvarāha’ is the village-pig, which wanders about unchecked.

By eating these the man becomes an outcast. That is, he should perform the Expiatory Rites prescribed for outcasts. It will be asserted later on (11.56) — ‘The eating of forbidden food is like the drinking of wine.’ — (19)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1157), which notes that the intentional eating of these things make the twice-born person an ‘outcast,’ i.e., disqualifies him from all that is done by twice-born persons, and the expiation for this would be the same as that prescribed for wine-drinking.

It is quoted in Mitākṣarā (on 1.176), which says that this refers to intentional and repeated eating of the things; also on 3.229; — in Parāśaramādhava (Prāyaścitta, p. 317), as referring to intentional eating; — and in Madanapārijāta (p. 825) to the effect that the intentional eating of forbidden things is equal to wine-drinking; and again on p. 927, to the effect that it is intentional and repeated eating that is equal to wine-drinking and hence makes one outcast, while by intentionally eating these only once, one only becomes liable to the performance of the Cāndrāyaṇa.

 

Comparative notes by various authors:

Gautama (23.5). — ‘(Expiation is to be performed) for the eating of tame cocks or tame pigs.’

Viṣṇu (51.3-4). — ‘If the twice-born eat of the following — garlic, onion, tame pig, tame cock, — he should perform expiations and should go through the sacraments over again.’

Yājñavalkya (1.176). — ‘Onion, tame pig, mushroom, tame cock, garlic, and leeks, — on eating these one should perform the Cāndrāyaṇa.’

Parāśara (2.9-10). — ‘Milk of newly calved cow, white garlic, brinjals, leeks, onion, exudation from trees, the property of gods, mushrooms, milk of the camel, milk of sheep, — if the twice-born eats these unintentionally, he becomes purified by fasting for three days and eating Pañcagavya.’

 

 

VERSE 5.20

Section III - Penalty for eating Forbidden Food

 

अमत्यैतानि षड् जग्ध्वा कृच्छ्रं सान्तपनं चरेत् ।
यतिचान्द्रायाणं वाऽपि शेषेषूपवसेदहः ॥२०॥

amatyaitāni ṣaḍ jagdhvā kṛcchraṃ sāntapanaṃ caret |
yaticāndrāyāṇaṃ vā'pi śeṣeṣūpavasedahaḥ ||20||

 

Having eaten these unintentionally, he should perform the ‘Kṛcchra Sāntapana’, or the ‘Yati-Cāndrāyaṇa’; and in the case of the rest one should fast for a day. — (20)

 

Medhātithi’s commentary (manubhāṣya):

‘Unintentionally’ — unwillingly, — ‘having eaten these’ — any one of the six just mentioned that it is any one that is meant, and not all together, is indicated by the fact that the act of eating in this case is nor. what is actually enjoined.

‘In the case of the rest’ — i.e. in the case of eating the other things — ‘red exudations from trees’ and other things forbidden above, — one should desist from eating ‘for a day’; — the term‘day’ is used as including the night also; e.g. in such passages as‘the day is dark, the day is bright’ — (Ṛgveda 6.9.1.)

In connection with the eating of some of the things here forbidden, the text is going to prescribe in the section on Expiatory

Rites (Discourse 11) distinct expiatory rites: — e.g., in connection with‘carnivorous animals, pig etc.’ (11.156); and in this case those are the Rites to be performed; since they have been directly enjoined in so man words; specially as the single ‘day’s fast’ here prescribed will have its application only in cases other than those especially provided for. — (20)

 

Explanatory notes by Ganganath Jha:

Cf. 11.155, 213 and 219.

This verse is quoted in Madanapārijāta (pp. 927 and 825) as laying down the expiation for the unintentional eating of the things; — in Parāśaramādhava (Prāyaścitta, p. 317) to the same effect, with the additional note that the ‘Sāntapana’ meant here must he that which extends over seven days. — The last quarter is quoted twice in Mitākṣarā on 3.290, to the effect that if one eats forbidden things other than those here mentioned only once, and that unintentionally, he has got only to fast for the day; — under 1.175 to the effect that the eating of the forbidden birds unintentionally makes one liable to fasting for the day; — and the first three quarters on 1.176, where it is pointed out that it refers to unintentional and repeated eating of the things; — also on 3.229 as laying down the expiation for unintentional eating.

It is also quoted in Aparārka (p. 1157), to the effect that by unintentionally eating the things enumerated repeatedly one becomes liable to the Yati-cāndrāyaṇa, and by eating other forbidden things to fasting during the day.

 

Comparative notes by various authors:

(verses 5.20-21)

Yajñavalkya (1.176). — (See-above.)

Parāśara (2.9-10). — (See above.)

Śātātapa (Parāśaramādhava, p. 318). — ‘Garlic, leek, onion, black brinjal, mushroom, tame pig, fame; cock, milk of camel, woman or ass,- on eating these one should undergo the Upanayana again and perform the ‘taptakṛcchra repeatedly.’

Viṣṇu (Parāśaramādhava, p. 319). — ‘On eating the flesh of dogs, and on eating mushrooms, one should perform the Sāntapana; on eating substances cooked overnight, — except preparations of barley or wheat or milk, or what is smeared with oils, or dry sugar-candy — one should fast. Substances growing out of incisions or unclean things, the red exudation from trees, needlessly cooked rice-sesamum,... on eating these one should fast for three days and should stand in water for one day.’

 

 

VERSE 5.21

Section III - Penalty for eating Forbidden Food

 

संवत्सरस्यैकमपि चरेत् कृच्छ्रं द्विजोत्तमः ।
अज्ञातभुक्तशुद्ध्यर्थं ज्ञातस्य तु विशेषतः ॥२१॥

saṃvatsarasyaikamapi caret kṛcchraṃ dvijottamaḥ |
ajñātabhuktaśuddhyarthaṃ jñātasya tu viśeṣataḥ ||21||

 

Once a year the Brāhmaṇa shall perform the ‘Kṛcchra’ penance, in order to atone for unintentional eating; but for intentional eating, special ones. — (21).

 

Medhātithi’s commentary (manubhāṣya):

This refers to the Brāhmaṇa who is in the habit of eating at the house of those Śūdra whose food he is permitted to eat.

It is possible that at the house of a Śūdra, there may he some articles of food that are not fit to be eaten by the Brāhmaṇa, which can not always be avoided; if the Brāhmaṇa eats at the house of such a Śūdra, there is always a fear of his having partaken of some forbidden food; hence for him it is laid down that he should perforin the ‘Prājāpatya Kṛcchra’. In all bases where the precise form of the ‘kṛcchra’ is not laid down, it should be understood to be the‘Prājāpatya’ kṛcchra as we shall explain later on.

‘In order to atone for unintentional eating’: — i.e., in the event of there being suspicion of his having unwillingly partaken of forbidden food; that is, for the expiating of the sin incurred, in the event of his having eaten forbidden food.

“But the expiation for this is going to be prescribed later on, under 5.I27.”

What that means and refers to we shall explain in connection with that verse.

For the art committed intentionally, special rites should be performed; i.e. that expiatory rite which has been prescribed in many words in connection with a particular case — (21).

 

Explanatory notes by Ganganath Jha:

Cf. 11. 212.

This verse is quoted in Mitākṣarā (on 3.290) as laying down the expiation for cases of suspected eating of forbidden things; — and in Prāyaścittaviveka (p. 340).

 

Comparative notes by various authors:

(verses 5.20-21)

 

 

VERSE 5.22 [Killing of Animals for Food]

Section IV - Killing of Animals for Food

 

यज्ञार्थं ब्राह्मणैर्वध्याः प्रशस्ता मृगपक्षिणः ।
भृत्यानां चैव वृत्त्यर्थमगस्त्यो ह्याचरत् पुरा ॥२२॥

yajñārthaṃ brāhmaṇairvadhyāḥ praśastā mṛgapakṣiṇaḥ |
bhṛtyānāṃ caiva vṛttyarthamagastyo hyācarat purā ||22||

 

The commended beasts and birds may be killed by Brāhmaṇas for the purpose of sacrifice, and for the purpose of feeding their dependents; as Agastya did this of old. — (22).

 

Medhātithi’s commentary (manubhāṣya):

In connection with food fit to be eaten, the Text proceeds to sanction the act of killing.

If one’s dependents are very much pressed by hunger, and no other food can be found, then one may kill such birds and beasts as are fit to be eaten. The exact meaning of the term ‘dependent’ has been explained before (as standing for parents, wife etc.)

The mention of Agastya — that Agastya did the act — is only by way of recommendation.

The first half of the verse is purely commendatory; because the act of killing in connection with sarcifices is directly enjoined by the Vedic injunctions themselves (and as such does not stand in need of any sanction from the present text).

‘Commanded’ — i.e., permitted as lit to be eaten.

This same thing is slated in the next verse in greater detail, as bearing upon the recommendation of certain acts. — (22).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.179) to the effect that just as there is nothing wrong in the eating of meat which is the remnant of sacrificial and Śrāddha offerings, so also there is none in eating that which is left after the dependents have been fed.

It is quoted in Vīramitrodaya (Āhnika, p. 537), which adds that animals are to he killed for feeding one’s dependents, only when there is no other means of feeding them; and this implies also that there is no harm in one’s eating the meat himself that is left after the feeding of dependents; — and in Smṛtisāroddhāra (p. 301).

 

Comparative notes by various authors:

(verses 5.22-23)

Vaśiṣṭha (4.5-8). — ‘The Mānava text states: — “Only when he worships Pitṛs and gods or honours guests, he may certainly slay animals: on offering the honey-mixture to guests, and at rites in honour of Pitṛs and gods and at a sacrifice, — on these occasions only may an animal be slain.” The slaughter of animals at sacrifices is no slaughter. One may cook a big ox or a big goat for a Brāhmaṇa or Kṣatriya guest.’

Vaśiṣṭha (14.15). — ‘It is declared in the Veda: — “At a sacrificial session which lasted one thousand years, Agastya went out to hunt; he had sacrificial cakes prepared with the meat of beasts and fowls good to eat.”’

Yājñavalkya (Do.). — ‘One who kills animals against the law, dwells in terrible hell for as many years as there are hairs on the body of the animal.’

Yama and Paiṭhānaṣi (Do.). — ‘One should not kill any animal for his own sake; if he cooks it for the sake of gods and Brāhmaṇas, he incurs no sin,’

 

 

VERSE 5.23

Section IV - Killing of Animals for Food

 

बभूवुर्हि पुरोडाशा भक्ष्याणां मृगपक्षिणाम् ।
पुराणेष्वपि यज्ञेषु ब्रह्मक्षत्रसवेषु च ॥२३॥

babhūvurhi puroḍāśā bhakṣyāṇāṃ mṛgapakṣiṇām |
purāṇeṣvapi yajñeṣu brahmakṣatrasaveṣu ca ||23||

 

In ancient times, at sacrifices performed by the sages, as also at sacrifices performed by Brāhmaṇas and Kṣatriyas, the sacrificial cakes were made of eatable beasts and birds. — (23)

 

Medhātithi’s commentary (manubhāṣya):

The killing of beasts and birds has been prescribed in connection with the sacrifice named ‘Ṣaḍviṃśat-saṃvatsara’ (Twenty-six Years). This is what is referred to in the present verse. The Brāhmaṇa-passage bearing upon the subject is as follows: — ‘At the end of the day the master of the house goes out hunting, and out of the flesh of the animals that he kills sacrificial cakes are made’.

In as much as the present verse is purely commendatory, no significance is meant to be attached to the past tense in the term ‘babhūva’, ‘were made’; hence the same thing is done now-a-days also.

The same holds good regarding the term ‘purāṇeṣu’, ‘in ancient times’. This also means that people should not consider that the said sacrificial practice has come into force in recent times only. — Or, the term may be taken to mean that ‘it should not be understood that there is nothing to sanction the practice of killing animals at sacrifices’. — Or, the term may be regarded as added for the benefit of those persons who are incapable of comprehending the meaning of the scriptures themselves, and who regulate their conduct entirely in accordance with the practices of other people, on the principle that ‘the right path is that whereby great men have gone’. The meaning is that ‘this practice is not of recent origin, it is without beginning’.

The ‘ancient sages’ are certain Brāhmaṇas, well-known for their austerities. Or, it may stand for a distinct species of beings; as described in the Mahābhārata and other works. In this connection it is not necessary to press the objection that — “If these sages belong to a distinct species of beings, they are like Gandhar vas and others, and as such, not entitled to the performance of sacrifices.”; — since the passage is a purely commendatory one, and as such, may be understood in any way one chooses.

‘Brahmakṣatriyasava’, — sacrifices performed by Brāhmaṇas and Kṣatriyas. — (23)

 

Explanatory notes by Ganganath Jha:

Vīramitrodaya (Āhnika, p. 537) quotes this verse as Arthavāda to the preceding verse, the meaning being as follows: — ‘Inasmuch as in ancient sacrifices performed by sages, edible sacrificial cakes used to be made of animals and birds killed for the purpose, these may be killed by men of the present day also.’ That the sacrificial cake is to be made of the flesh of animals has been laid down in connection with the ‘Thirty-six-year Sacrificial Session’, about which we read that “on the closing day of which, the master of the house goes out a — hunting, and out of the flesh of the animals killed there the Savanīya sacrificial cakes are prepared.”

 

Comparative notes by various authors:

(verses 5.22-23)

See Comparative notes for Verse 5.22.

 

 

VERSE 5.24 [Stale Food]

Section V - Stale Food

 

यत् किं चित् स्नेहसंयुक्तं भक्ष्यं भोज्यमगर्हितम् ।
तत् पर्युषितमप्याद्यं हविःशेषं च यद् भवेत् ॥२४॥

yat kiṃ cit snehasaṃyuktaṃ bhakṣyaṃ bhojyamagarhitam |
tat paryuṣitamapyādyaṃ haviḥśeṣaṃ ca yad bhavet ||24||

 

Such Food and eatables as are mixed with oils may be eaten though stale, if unspoilt; so also what may be the remnant of a sacrificial offering. — (24)

 

Medhātithi’s commentary (manubhāṣya):

‘Whatever food is mixed with oils.’ — ‘Food’ stands for Rice etc. Though the roots to ‘eat’ and to ‘feed’ are synonymous, yet the two terms ‘food’ and ‘eatables’ have been used with a view to the various articles of food.

‘Unspoilt’ — here stands for what has not become sour by keeping.

Such food ‘may b e eaten, though stale’. That is called ‘stale’ which has been kept over night. What is cooked on one day also becomes ‘stale’ the next day.

‘Mixed with oils.’ — In regard to this the following question is raised: —

“Does this mean that whatever in the shape of vegetable-juice etc. has been cooked with oils should be eaten even when stale? — Or, that oils are to be mixed up with dry articles of food, at the time that they are going to be eaten stale? According to the latter view stale cakes and sweets also would have to be eaten only after having been mixed with oils.”

There is, it is argued, no room for any such doubt; since what is asserted by the words ‘may be eaten though stale’ is only the eatability of food mixed with oils; so that the epithet ‘mixed with oils’ is part of the Subject, and not of the Predicate. Nor do we find it referred to by the pronoun ‘tat’, ‘that’, by any such form of expression as ‘what is stale, that may be eaten mixed with oils’ (which would make the epithet part of the Predicate).

The answer to this is that there is still some ground for doubt; as (according to the explanation just suggested) there would be no point in the separate mention of the ‘remnants of sacrificial offering’, which are stale and not mixed with oils (the latter being implied by their being mentioned apart from ‘food mixed with oils;’ because there is no chance of these remnants being ‘mixed with oils’ and becoming ‘stale’. Consequently the separate mention of these can have some sense only if in their case it were not considered necessary to mix oils at the time of eating. So that the separate mention of these becomes justified only if, in the case of these Remnants, it be not necessary to mix oils at the time of eating (which is considered necessary in the case of the other articles of food.)

But, even so, there need not be any doubt. For in that case, it would be only right to take the epithet ‘mixed with oils’ as part of the Predicate, for the purpose of justifying the separate mention of the ‘Remnants of sacrificial offerings’. [So that thus also, the meaning would be quite clear, though different from what we had explained before.]

In answer to this it is argued that there is only this ground for doubt that in view of the fact that the direct construction of the words as they stand is always to be preferred to any other roundabout constructions, — would it be right to regard the mention of the ‘sacrificial remnants’ as merely reiterative (and not injunctive) [ in which case it may well be left pointless]? Or that, inorder to guard against the mention being pointless, the words should be construed to mean that whatever is stale should be mixed with oils at the time of eating?

On this point there is no doubt; rather than allow the words of the text to be regarded us pointless, it is far more reasonable to have recourse to the indirect method of construction. The real decision however depends entirely upon usage.

‘Oils.’ — This term stands for butter, oil, fat and bone-marrow — (24).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 523); — in Smṛtitattva (p. 452); — in Hemādri (Śrāddha, p. 616); — and in Prāyaścittaviveka (p. 291).

 

Comparative notes by various authors:

(verses 5.24-25)

Viṣṇu (51.35). — ‘Preparations of barley and wheat mixed with oils, soured substances and sugar-candy — barring these, if one eats anything kept overnight, he should fast.’

Yājñavalkya (1.169). — ‘Food kept: overnight, or kept for a long time, may he eaten if mixed with oils: as also preparations of wheat, barley and milk, even without, oils.’

Yama (Vīramitrodaya-Āhnika, p. 523). — ‘Cakes, gruel, fried grains, fried-barley flour, vegetables, meat, curries, rice-sesamum, barley-meal, milk-vice, and things mixed with oils, — all this may he eaten, even though kept overnight; hut substances soured by keeping should he avoided.’

 

 

VERSE 5.25

Section V - Stale Food

 

चिरस्थितमपि त्वाद्यमस्नेहाक्तं द्विजातिभिः ।
यवगोधूमजं सर्वं पयसश्चैव विक्रिया ॥२५॥

cirasthitamapi tvādyamasnehāktaṃ dvijātibhiḥ |
yavagodhūmajaṃ sarvaṃ payasaścaiva vikriyā ||25||

 

All that is made of barley and wheat, as also all preparations of milk, may be eaten by twice-born men, without being mixed with oils, even though they may have been kept long — (25).

 

Medhātithi’s commentary (manubhāṣya):

‘Kept long’ — i.e., kept for two nights.

The term ‘even though’ implies that those ‘mixed with oils’ are also meant to be included.

Even though unmixed with oils, such things as fried flour and cakes, etc. as are made of barley and wheat.

Also ‘preparations of milk.’ — such as curd, skimmed milk and the like. — (25).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 452); — in Vīramitrodaya (Āhnika, p. 523); — in Hemādri (Śrāddha, p. 616); — and in Prāyaścittaviveka (p. 291).

 

Comparative notes by various authors:

(verses 5.24-25)

See Comparative notes for Verse 5.24.

 

 

VERSE 5.26 [Lawful and Forbidden Meat]

Section VI - Lawful and Forbidden Meat

 

एतदुक्तं द्विजातीनां भक्ष्याभक्ष्यमशेषतः ।
मांसस्यातः प्रवक्ष्यामि विधिं भक्षणवर्जने ॥२६॥

etaduktaṃ dvijātīnāṃ bhakṣyābhakṣyamaśeṣataḥ |
māṃsasyātaḥ pravakṣyāmi vidhiṃ bhakṣaṇavarjane ||26||

 

Thus has been described is full what is fit and what unfit to be eaten by twice-born men. Next I am going to explain the rule regarding the eating and avoiding of meat. — (26)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse cuts off the preceding section; and what is implied by this cutting off of the section is that the section that has gone before pertains to the twice-born castes only, not to Śūdras, while what follows applies to Śūdras also. It is for this reason that several methods of eating meat shall be described, and the reward resulting from the giving up of meat-eating shall accrue to the Śūdra also. If this were not so, then, in the matter of eating meat also, the Śūdra would be free to do what he likes; just as he is in regard to the eating of garlic and other things that has been forbidden for ‘twice-born persons’ only, in verses 5 ete. etc. above.

“If it is as you say, then there is the following difficulty: — In verse 32 below, the Text is going to declare the eatability of the meat left from the worship of the Gods: — viz. ‘One does not become contaminated by sin if he eats meat after having worshipped the Gods and the Pitṛs’; — now the ‘worship of the gods’ etc. can be done only with such meaf as is sacred; and those beasts and birds that have been forbidden for twice-born people (in the next section) are not sacred; hence, the worshipping of Gods etc. with the meat of these beasts and birds being impossible, — and what does not form the ‘remnant of worship’ being unfit to be eaten, — these other beasts and birds also, mentioned in a different context, become forbidden for the twice-born people; and the prohibition of these could be made to apply to the Śūdra also by some such other method (of reasoning). So that there is no point in the dividing of the sections (simply for making the prohibitions of the next section applicable to Śūdras also). And as for the prohibition of garlic and such things (that have been forbidden specially for twice-born persons), it is not applicable to Śūdras at all.”

There is this useful purpose served by the dividing of the two sections, that the prohibition of garlic and other things ceases to be applicable to the Śūdra. As regards meat also, in as much as the Householder only is entitled to do the worshipping of Gods, it is a matter purely optional for such Śūdras as are not ‘householders’.

“As a matter of fact, Śūdras also are entitled to the performance of sacrifices with cooked food; the eating of food has also been prescribed for Householders; but no ‘sacrifices with cooked food’ are ever offered with garlic and such other things. So that these things may be eaten, or not, by Śūdras, entirely according to their option. — ‘Why’? What would be the harm? In that case the mention of ‘twiceborn persons’ (in connection with the forbidding of garlic, etc.) would have no point at all.’

This has been already answered by the explanation that one who is not a Householder, or who is travelling away from home, may do what he likes. Nor is it necessary that the Householder shall not eat what has not been offered in oblations; the meaning of the declaration ‘one shall live on remnants’ being that ‘he shall not eat until he has made the offering to the Vishedevas.’ Now, that substance alone is ‘sacred’, and can be offered as oblation, which has been prescribed as to be offered at, and thus helping the fulfilment of, a sacrifice. Some people fetch food from somewhere, at the time of eating, and eat it in their own house; and in this case even though the food may not be the ‘remnant of a sacrifice’, it would not be forbidden. As regards meat however, we have the restriction directly imposed, that ‘it shall never be eaten unless it has been offered to the Gods.’

“If this is applicable to all the four castes, then there is no point in what is going to be said (under 5.57) in connection with purifications.”

The use of that we shall explain at that place.

“In view of the mention of twice-born people in the foregoing section, it follows that day’s meat and such things also are fit to be eaten by Śūdras.”

Under Discourse XI we shall show that there are indications to the effect that ‘the village-pig’, the ass, the camel, and other animals mentioned in the three verses (157 etc.) are ‘unfit to be eaten’ for the Śūdra also. — (26).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 526), which adds the following notes: — The rules regarding eating that have gone before are meant for the ‘twice-born’, not for the Śūdra; hence for the latter there is no harm in eating garlic and other things. But, according to Kalpataru, the eating of the crow and such like animals and birds — even though included among those mentioned, — must be considered wrong, even for the Śūdra; — being as they are entirely condemned by all cultured men. — The mention of the ‘twice-born’ in this verse implies that the forthcoming prohibition regarding meat is meant for all the four castes.

 

Comparative notes by various authors:

(verses 5.26-27)

Yājñavalkya (1.179). — ‘When one’s life is in danger, at Śrāddhas, when it has been prepared for Brāhmaṇas, and when it has been offered in the worshipping cf gods and Pitṛs, if one eats meat, one incurs no sin.’

Yama (Aparārka, p. 251). — ‘Invited at a Śrāddha, if one abandons the meat that is offered, one remains in hell, etc., etc.’

Mahābhārata (Vīramitrodaya-Āhnika, p. 528). — ‘Now listen to the law relating to Kṣatriyas. He incurs no sin if he eats meat obtained by his own valour; all wild animals are such as have been already offered to the gods by Agastya; that is why hunting is an honoured practice; it is for this reason that all royal sages go about hunting, and thereby they incur no sin.’

Viśvāmitra (Vīramitrodaya-Āhnika, p. 528). — (Same as Yājñavalkya, above.)

Devala (Do.). — ‘Eating meat in course of eating the remnants of offerings, one incurs no sin; similarly, if one eats as a medicine, or for saving his life, or by invitation, or at sacrifices.’

Yama (Vīramitrodaya-Āhnika, p. 529). — ‘One may eat consecrated meat once, for the sake of a Brāhmaṇa; also when invited at a rite in honour of gods or Pitṛs.’

Bṛhaspati (Vīramitrodaya-Āhnika, p. 529). — ‘Under the following four circumstances alone should one eat meat — (a) when suffering from an otherwise incurable disease, (b) when duly invited, (a) when the meat has been offered as a libation, and (d) when invited by a Brāhmaṇa. Apart from these one shall never eat meat.’

Hārīta (Do. 530). — ‘If one eat needlessly-prepared meat, one should perforin the Kṛcchra. But for the sake of the Brāhmaṇas, he may eat as much as he likes.’

Visṇu (Do.). — (Same as Manu 36.)

 

 

VERSE 5.27

Section VI - Lawful and Forbidden Meat

 

प्रोक्षितं भक्षयेन् मांसं ब्राह्मणानां च काम्यया ।
यथाविधि नियुक्तस्तु प्राणानामेव चात्यये ॥२७॥

prokṣitaṃ bhakṣayen māṃsaṃ brāhmaṇānāṃ ca kāmyayā |
yathāvidhi niyuktastu prāṇānāmeva cātyaye ||27||

 

He may eat meat that has been consecrated; also at the wish of Brāhmaṇas; and when invited according to law; and when his life is in danger. — (27)

 

Medhātithi’s commentary (manubhāṣya):

The remnant of the meat of the animal sacrificed at the Agniṣṭoma is figuratively called ‘consecrated’.

“The term ‘prokṣita’ literally means sprinkled with water, being derived from the root ‘ukṣa,’ ‘to sprinkle’; and it is in this sense that the word has been used in all such expressions as ‘bring the prokṣaṇī water-vessels,’ ‘butter is th e prokṣaṇa, the sprinkling-material,’ ‘prokṣaṇībhiḥ udvejitāḥ,’ ‘bothered by sprinkings (sprinklings?),’ and so forth. Thus then, if the word literally means ‘what is done by sprinkling,’ then why should such terms us are expressive of certain consecrations prescribed in the Veda, (such as sprinkling with water and the like), be taken as indirectly indicating the animal (sacrificed) and its meat? Why should the direct signification of the word be abandoned in favour of an indirect indication? For these reasons it is better to take the text to mean ‘meat sprinkled with water and such liquids’.”

What is urged would be quite true, if there were no other texts and commendatory passages bearing upon the matter; such as we have in the shape of such texts as ‘Unconsecrated meat etc.’ (Verse), ‘Animnls not consecrated with sacred texts etc.’ (36). A careful examination of all these texts leads to the conclusion that the meaning of the word is as we have explained it.

“If so, then what is said here being already mentioned in the texts quoted, what would be the use of the present text?”

Some people say that the present verse is purely re-iterative. It cannot be an injunction of eating meat when one wishes to do so. Because the man who is hungry and wishes to cat meat can take to it through his desire to relieve his hunger (and he does not need an injunction for that). That is called an ‘Injunction’ which points to such activity of the agent as would not be possible under the influence of any ordinary visible motive; such injunctions, for instance, as ‘one shall perform the Agnihotra through out his life;’ and on such a matter, the scripture is the sole source of knowledge (and authority) available. We need not seek for scriptural authority in the case of the acts in connection with which we have the positive and negative notions to the affect that — ‘if it is done, such and such a reward shall follow — ,and if it is not done, such and such an evil shall befall us.’ And it is only when there is no such source of knowledge available, and the matter is knowable by means of scriptures alone, that it becomes a case of ‘Injunction.’ As regards the case in question, even infants at the breast know, without being told, that eating brings strength and removes pain. [So that the present text cannot be regarded as an Injunction]. Nor again can it be taken as a Restrictive Injunction, for the simple reason that no such sense of restriction is recognised (as conveyed by the words), (a) For instance, if the restriction were in the form ‘one must eat what has been consecrated,’ — then, since no time is specified the due observance of this injunction would disturb the entire routine of food and rest, and the man may have to be eating constantly; so that an impossible act will have been enjoined in this case. It has been said that — ‘one who eats not at Śrāddhas etc.’, — and again ‘the day on which he is remiss etc.’ Then again, the author of the Mahābhāṣya has declared that a Restriction is always supplementary to an Injunction; so that when there is no Injunction, how can there be any Restriction? What has been ‘consecrated’ by one man cannot be obtained by another man; so that every man will have to eat all the meat that he consecrates, and this would entail a great calamity, (b) If. on the other hand, the restriction be taken to be in the form of preclusion — ‘one shall eat only what is consecrated, and not what is not consecrated,’ — on the ground of its fulfilling the condition of ‘Preclusion’, that hunger cannot be alleviated except by the eating of both consecrated and unconsecrated food, either simultaneously or one after the other; — even so this would be already implied by what has been said above regarding ‘consecrated meat’ (in verse 7). (So that in this case also there would be no point in taking the present text as an Injunction.)

Others however find the following fault in the above view: — if all unconsecrated meat were forbidden, birds would fall in the category of ‘forbidden food’; specially us there is no authority for any such restricted view that those alone are forbidden in their unconsecrated form, in connection with which consecration has been enjoined (and no consecration has been enjoined regarding birds).

Some people regard this view as improper. Because even so, the text cannot but be regarded as implying (if not directly asserting) the prohibition of (unconsecrated) birds also.

For these reasons, in as much as every Restriction is subservient to some enjoined act, it appears better to regard the present text as purely re-iterative of the eatability of consecrated meat. Just as at sacrifices, one must eat the consecrated meat, and omitting to eat it involves disobedience of the scriptural Injunction, so would it be in connection with all other occasions (on which meat is consecrated). And when the text is purely reiterative, it may also imply a preclusion (as shown above). The rule that ‘one shall not eat the unconsecrated meat of the cow, the sheep and the goat’ would only be a reiteration of the uneatability of ‘unconsecrated meat’ (mentioned in verse 7); — this reiteration in the present verse serving the purpose of permitting the eating of unconsecrated meat also, ‘at the wish of Brāhmaṇas’, and under certain other circumstances (specified in the present verse).

Others again have taken the following view. — Under 4.213 we have the mention of ‘needlessly prepared meat,’ and the present verse serves the purpose of explaining what the ‘needlessly prepared meat’ is; as in the absence of this it could not be known what is ‘needlessly prepared meat’.

Or, it may be that in one verse we have the rule for the enter (who does the consecration himself), while what the other means is that other persons, guests and others, shall not eat the meat belonging to (and offered by) a person who has not performed the worship of the Gods, etc. (and consecrated the meat at it). In the event of the householder being somehow not entitled to worship the Gods, his guests and other persons would be justified in doing that worship for him; and if the meat has been consecrated at such a worship, then they may eat it. The second prohibition (of unconsecrated meat) — ‘one incurs no sin by eating meat after having worshipped the Gods and the Pitṛs’ (Verse 32) — is meant for those persons who are capable of performing the worship at their own house and have not performed it. What is stated in verse 36 — ‘animals not consecrated by sacred texts etc.’ — is meant to be explanatory of what is meant by the term ‘consecration.’

Thus we have shown that all the five prohibitive passages have five distinct meanings and serve distinctly useful purposes.

‘At the wish of the Brāhmaṇas’ — ‘Brāhmaṇañca kāmyayā’ — ‘kāmyā’ is kāmanā, ‘wish’; the form ‘kāmyā’ being a Vedic anachronism.

“If this text permits the eating of unconscrated meat at the wish of the Brāhmaṇas, then what is the sense of this restriction? Does it mean that if one omits to eat at their wish, he incurs the sin of disobeying the scriptures? Or, does the present section set forth only a counter-exception? If it is a mere counter-exception, then such counter-exception, setting aside the force of the prohibition, would be available also in the shape of such assertions as ‘meat may be eaten at marriages’.”

The text does not mean that one must eat meat under the circumstances; all that is meant is that if the Brāhmaṇas are very superior persons, then the disobeying of their wish would not be right.

Others again construe the term ‘of Brāhmaṇas’ with verse 32 also, and take the present text as an Injunction for the eating of meat of the hare and other animals also; the sense being that — ‘at sacrifices and marriages, or at other large dinner-parties, if the Brāhmaṇas request one to eat meat, then the meat of such animals should not be regarded as forbidden, as they ane, by their very nature, consecrated to the Gods’; and it is only under special circumstances that consecration and worship of the Gods etc. may be performed. In fact it is only those kinds of meat that have been forbidden under certain circumstances whose eating is sanctioned, at the wish of Brāhmaṇas; and the sanction does not apply to the eating of ‘carnivorous birds’ and the rest, or to the case of a man who has resolved to give up meat in view of ‘ceasing to eat meat being conducive to highest results,’ — irrespective of the fact of the meat being either ‘consecrated’ or ‘unconsecrated,’ or ‘offered’ or ‘not offered.’

All that is meant by the present text is that the man who is entitled to receive the Madhuparka offering shall eat the unconsecrated meat that may be offered to him; and it does not contain an Injunction of offering the Madhuparka. The person meant here as the recipient of the Madhuparka is the Guest, and not the king and other honoured persons; just as we find it laid down for the Householder that ‘the guest shall not dwell in his house without eating.’ From this it would follow that nothing shall be offered to the guest against his desire. As for the notion that one may do what he likes in the matter of receiving an honoured guest and in feeding him, — if this idea were acted up to, then those acts would not have been done ‘for the sake of the guest.’

“But the position of the guest. also is uncertain.”

True; but it has been found that the performance of the act brings spiritual merit by producing pleasure in the recipient’s mind. Hence it is that by way of a rule it has been laid down for the giver, in accordance with the practice by which the calf is offered, that ‘there can be no Madhuparka without meat.’

“What is herein laid down may be regarded as pertaining to the case of priests officiating at one’s sacrifice.”

In that case, this also, like the preceding clause, may be only reiterative of what pertains to the officiating priest and to Śrāddhas.

“But in connection with the work of the priests, the eating of the Iḍū and such other materials has been prescribed; and the restrictions bearing upon that pertains to the Sacrifice, and not to the priests.”

True; but if the priests do not eat, they are censured, and also become beset with transcendental evil. Even if they eat, they do not become related to the result following from the act. Servants employed on wages (such as the priests are) perform the details prescribed in the scriptures; and it has been prescribed that ‘the priests along with the sacrificer as the fifth eat the Iḍā cake,;’ so that it is incumbent upon those who have accepted the priestly office to do that eating. And in that case it is only right that this eating should be reiterated. There is however nothing‘scriptual’ in the eating done by persons eating at Śrāddhas or by the priests. So that the reiteration is of the eating done by the sacrifices — It may be asked — “For what purpose is this reiteration?” — But reiteration does not always need a purpose. All that is done is that it reiterates what has been enjoined elsewhere. Similarly in the case in question also, if the owner of the cow has promised to honour the guest with the killing of the cow, then the guest must eat it; for he accepts the offering of Madhuparka as a favour to the offerer; so that it is necessary that he should accomplish the act preceding the offering. Otherwise, in the event of the Madhuparka not being accepted, the said favour would not be bestowed; consequently in the matter of the eating of forbidden meat, it is necessary for the man at the very outset to accept the Madhuparka and the duties of the priest: — similarly in the matter of feeding the Brāhmaṇas. As regards the Student, since certain strict observances have been prescribed for him, meat should be regarded as altogether ‘unfit to be eaten.’

‘When his life in in danger’. — From the context it follows that what is meant is that — ‘in the event of his not eating meat without worshipping the gods, and no other food being available, if there be a fear of his losing his life, either though disease of through hunger, one may eat the cow, the sheep and the goat.’ This rule is based upon the Vedic declaration that ‘one shall protect himself from everything.’ So that under the circumstances, if one omits to eat meat, he becomes his own murderer; and suicide has been forbidden by such text as — (a) ‘One shall protect himself from everything’; (b) ‘Hence the man, expecting to live to the fullest extent of human life, shall never kill himself with a desire to proceed to heaven; as such an act would make him unfit for heaven’; — all which shows that by eating even forbidden meat to save his life, one does not incur sin. Says the Mantra also (Iśopaniṣad 3) — ‘Those who kill themselves go, after death, to those regions that are covered by blind darkness and are fit only for demons.”

When there is danger to life, even the Student may eat meat; and for him his young age would necessitate the performance of the expiatory rite as prescribed in the text — ‘If the Student ever eats meat and honey, etc.’ (1?.158). Vyāsa has declared that when there is tear of losing one’s life through hanger, one may eat even forbidden meat; and by the instance of the ‘dog’s thigh’ (eaten by Viśvāmitra) it is indicated that such meat may be eaten, but once only.

From this it follows that in the case of serious developments of diseases, where one cannot be sure that the man will certainly recover by eating meat, one shall not eat forbidden meat, such as that of the village-cock and the like; though it is permitted to eat such meat as has been consecrated or offered to the gods.

In the case of disease also one shall not eat meat for the purpose of recovering from a disease that may have just set in; but in the case of men who have become enfeebled and emaciated through disease, the eating of meat is always permitted: as asserted in the verse — ‘Persons daily addicted to wine and women, consumptives, those emaciated through fatigue and disease, as also enfeebled patients, live upon the juices of meat.’ It is necessary for these persons to worship the gods in the case of the meat of unconsecrated goat: there would however be no harm, if on some day this be not found possible. — (27).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 527), which adds the following notes: — ‘Prokṣita’ is that which has been sanctified by means of mantras for being offered at a sacrifice; — ‘brāhmaṇānañca kāmyayā’ — when one is pressed by a Brāhmaṇa to eat meat, if he eats it but once, then there is no harm; that this is justifiable once only is clearly stated by Yama; if the same Brāhmaṇa should press him again, then he is not to accede to this; nor is he to eat it, even though the second time he may be pressed by another Brāhmaṇa; that he is to eat it once does not mean that he is to take a single morsel; what is meant is that he may eat at a single meal; — ‘Yathāvidhiniyuktaḥ’ — this, means that when invited to the Madhuparka-offering or to a Śrāddha, one may eat even unconsecrated meat; — ‘prāṇānāmeva cātyaye’ — meat may be eaten if during an illness, or during food-scarcity, one’s life would be in danger if meat were not taken.

The verse is quoted also in Smṛtitattva (p. 449), which explains ‘prokṣitam’ as which has been duly consecrated by means of mantras, being obtained from an animal killed in connection with a sacrificial performance; — ‘brāhmaṇānām kāmya’ — at the wish of a Brāhmaṇa one may eat once; — ‘yathāvidhiniyuktaḥ’ — i. e., at a Śrāddha; — in the Prāyścittaviveka (p. 280), which notes that ‘prāṇānāmeva cātyaye’ is meant to refer to Religious Students and to such House-holders as have renounced meat; — and in Smṛtisāroddhāra (p. 300).

 

Comparative notes by various authors:

(verses 5.26-27)

See Comparative notes for Verse 5.26.

 

 

VERSE 5.28

Section VI - Lawful and Forbidden Meat

 

प्राणस्यान्नमिदं सर्वं प्रजापतिरकल्पयत् ।
स्थावरं जङ्गमं चैव सर्वं प्राणस्य भोजनम् ॥२८॥

prāṇasyānnamidaṃ sarvaṃ prajāpatirakalpayat |
sthāvaraṃ jaṅgamaṃ caiva sarvaṃ prāṇasya bhojanam ||28||

 

Prajāpati created all this as food for the vital spirit; and all that is movable or immovable is the food of the vital spirit (28).

 

Medhātithi’s commentary (manubhāṣya):

‘Vital spirit,’ — ‘the breath within the body, the very seed of life. For the sustenance of this breath, as functioning in the fivefold form of ‘Udāna’ and the rest, — and for its maintenance in the body, — ‘Prajāpati created all this’ — world — as food.

Having indicated the world in a general way, by means of the pronoun ‘this’, the author proceeds to specify it in details — ‘all that is movable or immovable’. All this, on account of what is said in the first half, is the ‘food of the vital- spirit’. The second ‘all’ is not redundant, since it is added with a view to indicate the various kinds of beings, — beasts, birds, men, reptiles, etc.

Since Prajāpati has ordained all this to be ‘food’ in times of distress, all of it is the food of the vital spirit. This is also what we read in the dialogue of the Vital Breath contained in the Upaniṣads — ‘He asked — what shall be my food? — Whatever exists, down to the dogs and down to the insects and worms’ — (28).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 527), as reiterative of what has gone before; — and in Smṛtitattva (p. 449).

 

Comparative notes by various authors:

Mahābhārata (12.10.6). — (Same as Manu, reading iti vai kavayo viduḥ’ for ‘Prajāpatirakalpayat.’)

 

 

VERSE 5.29

Section VI - Lawful and Forbidden Meat

 

चराणामन्नमचरा दंष्ट्रिणामप्यदंष्ट्रिणः ।
अहस्ताश्च सहस्तानां शूराणां चैव भीरवः ॥२९॥

carāṇāmannamacarā daṃṣṭriṇāmapyadaṃṣṭriṇaḥ |
ahastāśca sahastānāṃ śūrāṇāṃ caiva bhīravaḥ ||29||

 

The immobile is the food of the mobile; those devoid of fangs are the food of those endowed with fangs; those without hands are the food of those with hands; and cowards are the food of the brave. — (29).

 

Medhātithi’s commentary (manubhāṣya):

‘Mobile’, — those that are capable of walking and flying and are courageous and active; e.g. the kite, the mongoose and the rest. — Of those the ‘immobile’ — lethargic animals, such as the pigeon, the serpent and the like — are ‘the food.’

Similarly ‘of those endowed with fangs,’ — i.e. of the lion, the tiger, etc., — ‘those devoid of fangs’ — the Ruru, the Pṛṣat and the other kinds of deer — arc the ‘food.’

‘Those without hands, serpents, fish and the like — are the food of ‘those with hands,’ — of the mongoose and the fisherman, etc.

‘Of the brave’ — of those that are endowed with great courage — ‘cowards’ — those who are over-fond of life — are the food.

The meaning is that those possessed of inferior strength are killed for food — (29).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 527), which adds — the ‘cara’ are the deer and the rest, — the ‘acara’ grasses etc., — ‘damṣṭṛn’, the tiger and others, ‘adamṣṭṛn,’ the deer and the like, — ‘sahasta’ are men and the like, — and ‘ahasta’ fish etc., ‘śūra’ are brave persons — and ‘bhīru’ are the timid.

 

Comparative notes by various authors:

Mahābhārata (12.99.15). — (Reproduces the first half of Manu.)

 

 

VERSE 5.30

Section VI - Lawful and Forbidden Meat

 

नात्ता दुष्यत्यदन्नाद्यान् प्राणिनोऽहन्य्ऽहन्यपि ।
धात्रैव सृष्टा ह्याद्याश्च प्राणिनोऽत्तार एव च ॥३०॥

nāttā duṣyatyadannādyān prāṇino'hany'hanyapi |
dhātraiva sṛṣṭā hyādyāśca prāṇino'ttāra eva ca ||30||

 

The eater incurs no sin by eating, even daily, such animals as are eatable: since the eater as well as the eaten animals have been created by the creator himself — (30).

 

Medhātithi’s commentary (manubhāṣya):

‘Eater’ — one who eats.

‘Eatable’ — which are capable of being eaten. He incurs no sin even by eating them daily.

By the ‘Creator’ — Prajāpati — himself — have been created both the enter and the eaten.

For this reason when there is danger to life, meat must be eaten. This is the sense of the three verses, which are purely comemendstory — (30).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Ālinika, p. 527).

 

Comparative notes by various authors:

Viṣṇu (51.61). — ‘Animals have been created for purposes of the sacrifice... hence killing at sacrifice is no killing.’

 

 

VERSE 5.31

Section VI - Lawful and Forbidden Meat

 

यज्ञाय जग्धिर्मांसस्येत्येष दैवो विधिः स्मृतः ।
अतोऽन्यथा प्रवृत्तिस्तु राक्षसो विधिरुच्यते ॥३१॥

yajñāya jagdhirmāṃsasyetyeṣa daivo vidhiḥ smṛtaḥ |
ato'nyathā pravṛttistu rākṣaso vidhirucyate ||31||

 

‘The eating of meat for sacrifices’ — this is declared to be the divine law; but behaviour contrary to this is described as ‘demoniacal practice’ — (31).

 

Medhātithi’s commentary (manubhāṣya):

‘The eating of meat — in the form of offerings and oblations — ‘for sacrifices.’

‘This is the div ine law’; — this is what has been ordained by the Gods.

‘Behaviour contrary to this,’ — i.e. eating meat for the fattening of the body — is ‘the demonical pract ice’; it is only demons that eat meat in this fashion. This is said in deprecation of the practice. — (31)

 

Explanatory notes by Ganganath Jha:

“Cf. this with the Mahābhārata, 13.114-116. In ib 116, 15, this is quoted as Śruti, but in 115, 53, its gist is ascribed to Manu” — Hopkins.

This verse is quoted in Vīramitrodaya (Āhnika, p. 527), which adds the following notes: — ‘yajñāya’ means ‘for purposes of sacrifice’, — ‘yagdhi’ means ‘eating’, — ‘atonyathā’ means ‘elsewhere than at a sacrifice’; — and in Hemādri (Śrāddha, p. 582).

 

 

VERSE 5.32

Section VI - Lawful and Forbidden Meat

 

क्रीत्वा स्वयं वाऽप्युत्पाद्य परोपकृतमेव वा ।
देवान् पितॄंश्चार्चयित्वा खादन् मांसं न दुष्यति ॥३२॥

krītvā svayaṃ vā'pyutpādya paropakṛtameva vā |
devān pitṝṃścārcayitvā khādan māṃsaṃ na duṣyati ||32||

 

Having bought it, or having obtained it himself, or having it presented by others, — if one eats meat after having worshipped the Gods and the Pitṛs, he does not incur sin — (32)

 

Medhātithi’s commentary (manubhāṣya):

The law here laid down refers to the meat of deer and birds. The meaning is that there is no sin incurred in eating the meat of the Ruru, the Pṛṣat and other kinds of deer, or the partridge and other birds, if it is done after having worshipped the Gods and the Pitṛs.

In the case of the offering to the Viśvedevas, when there is no preparation for it in the house, one may eat rice and other things, even without making the offering; but not so meat; it is with a view to emphasise this that the text repeats — ‘having worshipped the Gods and the Pitṛs etc.’ If mere sanction to eat after worship were meant, this has already been accorded before.

What is meant by the ‘worshipping of the Gods’ here is the offering of the meat on a clean spot with the words ‘this is for the Gods’; or that ‘the worship of the Gods’ should be done in such terms as — ‘this to Agni, to Vāyu, to Surya, to Jātavedas.’ That this must be the meaning of the ‘worship’ is proved by the fact that ‘offering of oblations into the fire’ (which could he the other meaning ‘worshipping the Gods’) is not possible for persons other than Agnihotrins; nor can there be any offering made to the Gods without oblations having been poured into the fire; specially as it has been already shown that the two are distinct actions and involve distinct methods of procedure. This mutter may rest here for the present.

Others have explained the ‘worship of the Pitṛs’ to mean Śrāddha; and in Śrāddhas we do find worshipping being done. It is the Pitṛs again that are spoken of as the ‘deities’ of the Śrāddha. Hence it is that in connection with the Pitṛs, all writers on Smṛti have prescribed the Śrāddha only, and no other act.

“How can the buying of meat be permissible? The meat obtained from the market becomes ‘Sa?na’, ‘butcher’s meat’ (which has been forbidden); and as for the meat of animals dying of themselves, and not killed by the butcher, this is ‘unfit for eating’, on the ground of its causing disease.”

Our answer to the above is that one can always ‘buy’ the meat brought by fowlers and bird-catchers; and these are known us ‘butchers’; and they wander about from house to house, carrying meat for sale, when it is possible to buy it; and it does not become ‘butcher’s meat.’

‘Having obtained it himself,’ — the Brāhmaṇa by begging it’ and the Kṣatriya by hunting. — (32)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 527), which adds that ‘svayamutpādya’ refers to the Kṣatriya alone; — in Smṛtitattva (p. 449); — in Hemādri (Śrāddha, p. 582); — and in Prāyaścittaviveka (p. 276).

 

 

VERSE 5.33

Section VI - Lawful and Forbidden Meat

 

नाद्यादविधिना मांसं विधिज्ञोऽनापदि द्विजः ।
जग्ध्वा ह्यविधिना मांसं प्रेतस्तैरद्यतेऽवशः ॥३३॥

nādyādavidhinā māṃsaṃ vidhijño'nāpadi dvijaḥ |
jagdhvā hyavidhinā māṃsaṃ pretastairadyate'vaśaḥ ||33||

 

In normal times the twice-born man conversant with the law shall not eat meat unlawfully; having eaten it unlawfully, he shall, after death, be devoured by them helplessly. (33)

 

Medhātithi’s commentary (manubhāṣya):

That is called ‘unlawful’ which is done apart from the above-sanctioned occasions — of the worshipping of the Gods, the wish of the Brāhmaṇas and so forth; and in this ‘unlawful’ manner one shall not eat meat.

This is only a reiteration of what has been said before.

‘In normal times’. — In abnormal times of distress, when one’s life is in danger, he need not wait for the worship of the Gods etc.

“Danger to life has already been sanctioned as one of the occasions on which meat may be eaten; so that such eating would be quite lawful, not unlawful.”

True; but what has been said on the previous occasion was in connection with the consecrated meat of the cow, the sheep and the goat; and in the present text the phrase ‘in normal times’ has been added with a view to extend the sanction to the meat of the hare and other animals also.

It is not the mere knower of the law that is called ‘conversant with the late’ but one who, in practice acts up to the law. In connection with ordinary worldly acts also the term ‘know,’ ‘be conversant with,’ is used in this sense; when it is said of a man ‘he knows this’, what is meant is that ‘he acts up to it’.

When the question arises regarding the effect of the act in question, the text says — ‘Having eaten meat unlawfully,’ — i.e. in a manner not prescribed in the scriptures — ‘he shall, on death, he devoured’, by those animals. All that is meant — is that when a man eats meat in an unlawful manner, he suffers various kinds of pain. If these were not meant by the passage (and if it were taken in its literal sense), — then, in as much us it is the meat of the goat that is commonly eaten by people, and the goat is a not carnivorous animal [how could it ‘devour’ its eater?]

Or, the meaning may be that the eater, by virtue of the sin of that act, comes to be devoured by carnivorous animals; and as this would be the result of his having eaten the goat, he would be described as being devoured by the goat. — (33)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 531); — in Smṛtitattva (p. 449); — and in Smṛtisāroddhāra (p. 301).

 

Comparative notes by various authors:

Yama (Vīramitrodaya-Āhnika, pp. 5-30). — ‘One should not eat needlessly-prepared meat.’

Āpastamba (1.16.16). — ‘He shall not eat meat which has been cut with a knife used for killing.’

Viṣṇu (51.59). — ‘The Brāhmaṇa shall never eat meat that has not been consecrated with mantras; that however which has been duly consecrated he shall eat, following the eternal law.’

 

 

VERSE 5.34

Section VI - Lawful and Forbidden Meat

 

न तादृशं भवत्येनो मृगहन्तुर्धनार्थिनः ।
यादृशं भवति प्रेत्य वृथामांसानि खादतः ॥३४॥

na tādṛśaṃ bhavatyeno mṛgahanturdhanārthinaḥ |
yādṛśaṃ bhavati pretya vṛthāmāṃsāni khādataḥ ||34||

 

The sin of the man who kills animals for gain is not so great, after death, as that of the man who eats needlessly-prepared meat. — (34)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse is well known — (34).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya, (Āhnika, p. 531).

 

Comparative notes by various authors:

Vi ṣ ṇ u (51.62). — (Same as Manu.)

 

 

VERSE 5.35

Section VI - Lawful and Forbidden Meat

 

नियुक्तस्तु यथान्यायं यो मांसं नात्ति मानवः ।
स प्रेत्य पशुतां याति सम्भवानेकविंशतिम् ॥३५॥

niyuktastu yathānyāyaṃ yo māṃsaṃ nātti mānavaḥ |
sa pretya paśutāṃ yāti sambhavānekaviṃśatim ||35||

 

But when invited according to law, if a man does not e at meat, he becomes, after death, a beast, during twenty- one births. — (35)

 

Medhātithi’s commentary (manubhāṣya):

‘Sambhava’ stands for janma, birth.

Except when there is danger to life through hunger, if a man does not worship the Gods, and yet eats meat, he certainly incurs sin. — (35)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 251), which explains ‘niyuktaḥ’ as ‘invited, at a sacrifice to the gods or at a Śrāddha’; — in Mitākṣarā (on 1.179) to the effect that one must eat meat when iṅvited to a Śrāddha; — in Nirṇayasindhu (p. 294) as setting forth the sinfulness of not eating the meat duly offered; — in Vīramitrodaya (Āhnika, p. 530), which explains ‘sambhavān’ as ‘births’; — in Smṛtitattva (p. 449); — in Hemādri (Śrāddha, p. 577); — and in Prāyaścittaviveka (p. 279), which remarks that this refers to such meat as is not forbidden.

 

Comparative notes by various authors:

Vaśiṣṭha (11.34). — ‘An ascetic who, invited to dine at a sacrifice to Pitṛs or to gods, refuses meat, shall go to hell.’

Yama (Aparārka, p. 251). — ‘The man who, invited to a Śrāddha or to a sacrifice to the gods, refuses meat, shall go to hell, etc.’

Hārita and Śātātapa (Vīramitrodaya-Āhnika, p. 530). — ‘If one, invited to a Śrāddha, does not eat meat, one goes to hell...’

 

 

VERSE 5.36

Section VI - Lawful and Forbidden Meat

 

असंस्कृतान् पशून् मन्त्रैर्नाद्याद् विप्रः कदा चन ।
मन्त्रैस्तु संस्कृतानद्यात्शाश्वतं विधिमास्थितः ॥३६॥

asaṃskṛtān paśūn mantrairnādyād vipraḥ kadā cana |
mantraistu saṃskṛtānadyātśāśvataṃ vidhimāsthitaḥ ||36||

 

The Brāhmaṇa shall never eat animals that have not been consecrated with sacred texts; but those that have been consecrated with sacred texts, he shall eat, taking, his stand upon the eternal law. — (36)

 

Medhātithi’s commentary (manubhāṣya):

In connection with animals-sacrifice, ‘sprinkling with water’ and other consecrations have been laid down as to be done with sacred texts; and one shall eat the meat of those animals for whom all these have been performed, and which (thus) are the ‘remnants of sacrifices’ prescribed in the Vedas. But in the case of the and other sacrifices that are performed solely on the strength of usage (and for which there is no injunction in the Veda), — even though the meat would he the ‘remnant of sacrifice’, yet, since there would be no ‘consecration with sacred texts’, it would be ‘unfit for eating’.

‘Eternal’ — Vedic.

‘Taking his stand’ — dependent. — (36)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha, p. 580).

 

Comparative notes by various authors:

Viṣṇu (51.59). — (Same as Manu.)

 

 

VERSE 5.37

Section VI - Lawful and Forbidden Meat

 

कुर्याद् घृतपशुं सङ्गे कुर्यात् पिष्टपशुं तथा ।
न त्वेव तु वृथा हन्तुं पशुमिच्छेत् कदा चन ॥३७॥

kuryād ghṛtapaśuṃ saṅge kuryāt piṣṭapaśuṃ tathā |
na tveva tu vṛthā hantuṃ paśumicchet kadā cana ||37||

 

If there is occasion, he shall make an animal of clarified butter, or an animal of flour; but he shall never seek to kill an animal needlessly. — (37)

 

Medhātithi’s commentary (manubhāṣya):

People are likely to entertain such ideas as the following — “at the Sītā - yajña the Khañjikā-yāga, the Caṇḍikā-yāga and the like, which are performed on the authority of usage only, it is right for the man desiring a certain result to kill animals; for it has been found that one obtains a rich harvest by offering sacrifices at which animals are killed.”

With a view to set aside such notions the text says — ‘It there is occasion,’ — if necessity arises for the offering of an animal in sacrifice, — ‘he shall make an animal of clarified butter’; i.e., he shall make clarified butter the sacrificial animal: that is, it being necessary to otter an animal to the Gods, he shall offer, in its place, clarified butter: which is as good a ‘sacrificial material’.

‘Or, he shall make an animal of flour’; i.e. he shall make the figure of an animal with flour, and offer that figure to the Gods; or, it may be taken to mean that ‘instead of the animal he shall offer cakes and other things made of flour’.

“Why is this called needless animal-slaughter, when it is sanctioned by the usage of cultured people?”

Since women, and Śūdras are ignorant of the Veda, such sacrifices as those mentioned cannot be assumed to have any sanction in the Veda: specially as people have reconrse (recourse?) to these sacrifices for the purpose of propitiating the Gods, and no Vedic act is done for the propitiating of Gods; for the simple reason that in connection with Vedic rites, Gods have been mentioned as subordinate factors. In fact, what they urge in support of the performance of the sacrifices in question is the argument based upon negative and positive induction, from the experience that there is rich harvest when Gods are propitiated with the sacrifice of animals. For these reasons, these sacrifices cannot be regarded as having the sanction of the Veda. As for the positive and negative induction that also is entirely mistaken.

From all this it is clear that the present verse only reiterates what is already indicated as the right course by al (all?) kinds of reasons: and it has been put forward by the author through feelings of friendly kindliness. — (37)

 

Explanatory notes by Ganganath Jha:

‘Saṅge’ — ‘On an occasion arising for the killing of an animal (at a rite other than those laid down in the Veda)’ (Medhātithi); — ‘if one has a strong desire to eat meat’ (Kullūka and Nārāyanā). [It is difficult to see how a strong desire for meat could be appeased by eating animal made of butter or flour]; — ‘in the event of one being attacked by evil spirits’ (Govindarāja); — ‘on the occasion of social gatherings’ (Nandana).

This verse is quoted in Vīramitrodaya (Āhnika, p. 538), which quotes Kalpataru as offering the following explanation: — In such ceremonies as the Sītāyajña and the like, which are not prescribed in the Veda, and the killing of animals at which, therefore, cannot have the sanction of the Veda, — if, in view of the prevalent custom, it is found necessary to sacrifice an animal, one should offer an animal made either of butter or of flour; — it then quotes Kullūka’s explanation, — and then the one given by Medhātithi, remarking that this last is in agreement with Kalpataru, — It then goes on to describe another explanation, by which ‘Saṅge’ means ‘at a sacrifice’ and this is explained as laying down an alternative to the killing of animals at the well-known sacrifices, Agnīṣṭomīya and the rest. — This last explanation, the author rejects, on the ground (1) that there is no authority for taking the word ‘saṅge’ in the sense of sacrifice, and (2) that it would not be right for a Smṛti to lay down an alternative to a detail that has been laid down in the original Vedic injunction of the sacrifices.

 

 

VERSE 5.38

Section VI - Lawful and Forbidden Meat

 

यावन्ति पशुरोमाणि तावत्कृत्वो ह मारणम् ।
वृथापशुघ्नः प्राप्नोति प्रेत्य जन्मनि जन्मनि ॥३८॥

yāvanti paśuromāṇi tāvatkṛtvo ha māraṇam |
vṛthāpaśughnaḥ prāpnoti pretya janmani janmani ||38||

 

As many hairs there are on the body of the animal, so m any times after dying does its needless killer suffer violent death, birth after birth. — (38.)

 

Medhātithi’s commentary (manubhāṣya):

For so many lives does he suffer violent death.

‘Needless killer of the animal’, — one who kills the animal in a way not prescribed in the Śruti or the Smṛti: from the context it is clear that this refers to that animal-sacrifice which ordinary people perforin on the Mahānavamī.

The term ‘paśaghna (?)’ is a Vedic form formed with the affix ‘ka’ — (38).

 

Explanatory notes by Ganganath Jha:

Cf. The Mahābhārata 13.93.121.

This verse is quoted in Vīramitrodaya (Āhnika, p. 538).

 

Comparative notes by various authors:

Viṣṇu (51.60). — (Same as Manu.)

Yājñavalkya (1.180). — ‘The wicked man who kills animals unlawfully dwells in hell for as many days as there are hairs on the animal’s body.’

Mahābhārata (13.93.121). — (Same as Manu.)

 

 

VERSE 5.39

Section VI - Lawful and Forbidden Meat

 

यज्ञार्थं पशवः सृष्टाः स्वयमेव स्वयम्भुवा ।
यज्ञोऽस्य भूत्यै सर्वस्य तस्माद् यज्ञे वधोऽवधः ॥३९॥

yajñārthaṃ paśavaḥ sṛṣṭāḥ svayameva svayambhuvā |
yajño'sya bhūtyai sarvasya tasmād yajñe vadho'vadhaḥ ||39||

 

Animals have been created by the Self-born God himself for the purpose of sacrifice: sacrifice is conducive to the well-being of all this would; hence killing at a sacrifice is no ‘killing’ at all — (39).

 

Medhātithi’s commentary (manubhāṣya):

The evil just described does not pertain to the killing of animals at the rites prescribed by Śruti and S mṛti.

That ‘killing’ which forms part of sacrifices, — for the due fulfilment of that were animals ‘created’ — produced, brought into existence, — ‘by the self-born God’ — Prajāpati ‘himself.’

This is a purely commendatory passage.

‘Sacrifice’ — in the form of the Jyotiṣṭoma and the rest — ‘is conducive to the well-being’ — prosperity, development, advancement — ‘of all this’ — world.

For this reason the killing that is done at a sacrifice should be regarded as no killing at all. What this means is that it does not involve the sin of ‘killing’ animals. — (39)

 

Explanatory notes by Ganganath Jha:

“Ityapi śrūyate śrutiḥ is the end of this verse instead of svayameva svayambhuvā as found in the Mahābhārata, 13.116.14. Quite a number of Manu’s verses are cited as Śruti in the Epic.” — Hopkins.

This verse is quoted in Vīramitrodaya (Āhnika, p. 538).

 

Comparative notes by various authors:

Viṣṇu (51.61). — (Same as Manu.)

 

 

VERSE 5.40

Section VI - Lawful and Forbidden Meat

 

ओषध्यः पशवो वृक्षास्तिर्यञ्चः पक्षिणस्तथा ।
यज्ञार्थं निधनं प्राप्ताः प्राप्नुवन्त्युत्सृतीः पुनः ॥४०॥

oṣadhyaḥ paśavo vṛkṣāstiryañcaḥ pakṣiṇastathā |
yajñārthaṃ nidhanaṃ prāptāḥ prāpnuvantyutsṛtīḥ punaḥ ||40||

 

Herbs, animals, trees, beasts and birds, reaching death for the sake of sacrifices, attain advancements. — (40)

 

Medhātithi’s commentary (manubhāṣya):

“How is it known that killing at sacrifices involves no sin?”

The answer is as follows: — ‘killing’ is the greatest injury that can befall the being killed; because it involves such great evil as the loss of life, involving separation from wife, children and riches, and all the attendant evil consequences; and also because it carries the entities nearer to the fruition of their sins in the form of hell and the like. But when an animal is killed at a sacrifice, this killing becomes a great benefit conferred upon it, and it is not an injury; because it does not lead it to hell nr any such undesirable conditions. That this is so follows from the fact that those ‘reaching death’ — destruction — at a sacrifice — ‘attain advancements’ — higher positions, in regard to caste and so forth; — being born as a God or a Gandharva, or as men born in better countries or continents — such as the Uttarakuru and the like.

The whole of this is a purely commendatory description. We do not find here any Injunction: the verb ‘attain’ being in the simple Present tense. Nor is there any justification for deducing an Injunction from the commendatory description, — as is done in the case of the passage ‘Pratitiṣṭhanti etc.’ (v ide, Mīmāṃsā-Sūtra, 4.3.17. et seq); because in the present case neither there is, nor is there any possibility of, any other Injunction (apart from those already set forth in the text).

The whole of this descriptive section is supplementary to the prohibition of the eating of unlawful meat; and the upshot of the prohibition contained in these verses is that ‘one should never seek to kill animals needlessly.’ (verse 37) As for the sanction (of killing) implied in the statement — ‘animals have been created for the purpose of sacrifices’ (39), — all this is understood as involving the prohibition of eating which is going to be distinctly emphasised below in verse 48.

Nor can any Injunction (such as ‘desiring advancement, the animal shall die at a sacrifice’) be deduced from the text. Because such an Injunction could not be intended for the animals; for the simple reason that they would not understand it. And those for whom the Injunction is not intended cannot be the agent; and unless one is an agent, he cannot obtain any reward declared in the scriptures. Specially as in the present case, the result spoken of does not proceed in any perceptible manner from the nature of the thing involved; as there is, for instance, in the case of the poison, which produces its results even on ignorant persons who take it. There is no such thing in the case of things spoken of in the Veda.

Further, since the herbs and other things spoken of here ore unconscious beings, the ‘principle of the priests’ cannot apply to their case. That is to say, it is found that in the case of sacrificial performances, results are spoken of as accruing to one person (the sacrificer) from the acts that are actually done by others, — i. e., the priests officiating for him; e.g., in the case of the passage — ‘he desires one to become worse etc,’ In the case of such passages we admit of an Injunction, because what is there stated is not capable of being taken as supplementary to any other Injunction, and secondly because the indication of the Injunction, is quite clear, and lastly, because the Injunction indicated is found to be one that pertains to human beings.

In the case of all scriptural statements, we are entitled to deduce just as much us may be reasonably deduced from the actual words of the text. For instance, it has been declared that the Brāhmaṇa joining in the sacrificial bath of other people should have to perform an expiatory rite [and we have to accent this, even though we fail to see any reason for it]. In the present case, however, there is no possibility of any Injunction being addressed to the beings concerned (all of which are inanimate).

‘Herbs,’ — grass and the like.

‘Animate,’ — the goat and other beasts (which are mentioned as fit for being offered at sacrifices).

‘Trees,’ — such as are objects of worship.

‘Beasts,’ — those which, though not ordinarily regarded as fit for sacrificing, happen to be mentioned, in some passages, as to be offered; e.g., ‘one shall kill partridges.’ Though at the Vājapeya and similar sacrifices, the calves are used only for the purpose of carrying loads, yet they are called ‘beasts;’ and even though these do not suffer actual death, yet the term ‘death’ in their case stands for all the sufferings that they undergo.

‘Bird.” — the Kapiñjala and the rest; even though these are sometimes spoken of as ‘animals’, yet, as a rule, they are not known by that name: for in such passages as there are seven tame animals and seven wild animals’, the animals meant are the cow and the rest, which are not birds; in fact the term ‘paśu’, ‘animals, denotes quadrupods; or the difference between ‘animals’ and ‘birds’ may be regarded as similar to that between the ‘go’ and the‘balvarda’ (the former term being wider than the latter) (40).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 538), which explains ‘ucchṛtiḥ’ as ‘advancement’.

Medhātithi (P. 403, l. 22) — Pratitiṣṭhantītivat’ — This refers to Mīmāṃsā Sūtṛa 4.3.17 et. seq., which embodies what has been called the ‘Rātrisattra-nyāya’. In connection with the ‘Rātri’ offerings, it is said that ‘he who offers these obtains respectability &c.;’ and in regard to this the question arises whether this latter passage is a mere arthavāda, or it describes the result that really follows from the offerings; and the conclusion is that, inasmuch as no other mention of the result of the offerings is found anywhere, the passage in question must be taken as describing the results actually following from them.

 

Comparative notes by various authors:

Viṣṇu (51.63). — (Same as Manu.)

 

 

VERSE 5.41-42

Section VI - Lawful and Forbidden Meat

 

मधुपर्के च यज्ञे च पितृदैवतकर्मणि ।
अत्रैव पशवो हिंस्या नान्यत्रैत्यब्रवीन् मनुः ॥४१॥

एष्वर्थेषु पशून् हिंसन् वेदतत्त्वार्थविद् द्विजः ।
आत्मानं च पशुं चैव गमयत्युत्तमं गतिम् ॥४२॥

madhuparke ca yajñe ca pitṛdaivatakarmaṇi |
atraiva paśavo hiṃsyā nānyatraityabravīn manuḥ ||41||

eṣvartheṣu paśūn hiṃsan vedatattvārthavid dvijaḥ |
ātmānaṃ ca paśuṃ caiva gamayatyuttamaṃ gatim ||42||

 

At the Madhuparka offering, at sacrifices, and at the rites in honour of the Pitṛs, — at these alone should animals be killed, and nowhere else: thus has Manu declared — (41)

The twice-born person, knowing the real import of the Veda, killing animals on these occasions, carries himself and the animal to the most excellent state. — (42).

 

Medhātithi’s commentary (manubhāṣya):

The present text sums up in brief those occasions on which the killing of animals is sanctioned by the scriptures.

‘Madhuparka’ — has been already described. At this the killing of the calf has been enjoined.

‘Sacrifice’ — such as the Jyotiṣṭoma and the like; the eleventh stage of which consists of the animal-sacrifice; as also the Paśubandha, at which the sacrificing of the animal forms a sacrifice by itself.

‘Rites in honour of the Pitṛs,’ — i.e., those of which the Pitṛs are the ‘deities’; what are meant are the Aṣṭaka and other offerings of the kind, and not Śrāddhas; because these latter are laid down as to be performed with cooked meat, (for which the meat could be obtained otherwise than by actually killing the animal at the rite itself): and in connection with this the killing of animals has not been enjoined; nor will it be right to regard this (injunction regarding the offering of cooked meat) as implying the killing of animals: because the original injunction of the Śrāddha does not lay clown such killing. Further, the present verse also does not clearly enjoin it: specially as what is here mentioned is capable of being taken as pertaining to the Aṣṭaka offerings. If the present verse were an injunction, it would involve the necessity of seeking for its basis (in some Vedic text): while, as we shall explain later on, it is capable of being construed as supplementary to another Injunction.

Some people explain the term ‘pitṛdaivatakarma’ as standing for the rites performed in honour of the gods and the Pitṛs i.e., the Great Sacrifices (daily).

Animals are to be killed by Brāhmaṇas for the ‘support of their dependents,’ and the killing of animals is also permitted at times of distress, when life may be in danger — (41-42).

 

Explanatory notes by Ganganath Jha:

(verse 5.41)

This verse is quoted in Aparārka (p. 154), as setting aside the view that ‘the offering of Madhuparka does not necessarily involve the killing of the animal’; — in Vīramitrodaya (Āhnika, p. 538).

(verse 5.42)

This verse is quoted in Vīramitrodaya (Āhnika, p. 531).

 

Comparative notes by various authors:

(verse 5.41)

Viṣṇu (51.64). — (Same as Manu.)

Vaśiṣṭha (4.6). — (Same as Manu.)

Śāṅkhāyuna-Gṛhyusūtra (2.16.1). — (Same as Manu.)

(verse 5.42-46)

Viṣṇu (51.65-69). — (Same as Manu.)

 

 

VERSE 5.43

Section VI - Lawful and Forbidden Meat

 

गृहे गुरावरण्ये वा निवसन्नात्मवान् द्विजः ।
नावेदविहितां हिंसामापद्यपि समाचरेत् ॥४३॥

gṛhe gurāvaraṇye vā nivasannātmavān dvijaḥ |
nāvedavihitāṃ hiṃsāmāpadyapi samācaret ||43||

 

Living in his house, or with his teacher, or in the forest, the self-controlled twice-born person shall not, even in times of distress, do that killing which is not sanctioned by the veda. — (43).

 

Medhātithi’s commentary (manubhāṣya):

This verse forbids such killing as is not sanctioned by the Veda, it is not meant, to sanction that which is already sanctioned by it.

As a matter of fact, no other killing (save what is sanctioned) is possible in the case of the Student ‘living with his teacher,’ or of the man performing austerities ‘in the forest;’ even though some sort of killing may be possible for the incontinent Student, yet for the Hermit in the forest it is not possible in any case. Even for the Student, an absolute indifference to life (and livelihood) is not considered desirable. Hence the present verse should he treated as the Injunction of killing at Śrāddhas; and the mention of the ‘house’ is a mere reiteration (Śrāddhas being performed only by the Householder).

Some people argue here as follows: — “if this were such an Injunction, what would be the meaning of the terms ‘in the forest’ and ‘in times of distress’? For the Recluse in the forest, even though keeping up his Fire, there are no animul-sacrifices: as we shall show under 6.11.”

Our Teacher however gives the following explanation; — What is urged may be true of the Student: as regards the Recluse, even ‘self-abandonment’ has been enjoined by such texts as ‘having recourse to the Aparājitā, etc. etc.’ So that for him there can be no killing for saving his life; all this we shall clearly explain under 6.31.

“The present verse puts forward the prohibition of killing even in times of distress; how then is it that you take it to mean the permission of it at such times?”

True; but otherwise (if the text were not taken as permitting killing as sanctioned by the Veda), it would be useless. It might be argued that it could serve the purposes of a commendatory text. But even for a commendatory text, some sort of basis (some injunctive text to which it is supplementary) will have to be sought out. Hence we conclude that the prohibition contained in the verse relates to normal times — other than those of distress; and there is nothing incongruous in its being sanctioned in connection with abnormal times of distress. Further, there are various degrees of ‘distress’; and under the lesser forms of it, if one would take to ‘killing’ animals for food under the consideration that his food-supply was sufficient only for a month or a fortnight (after which he will have nothing to eat), — then such killing (even though at an abnormal time of distress) would be what is forbidden by the present text; on the other hand, if the man fears that he would die now if he did not kill for food, — or if a desperado with uplifted weapon were attacking him, — then the killing has to be done; and it is this killing in abnormal times of distress that is permitted by the text.

In this manner the Vedic text ‘one should protect himself from all things’ also becomes reconciled. (43).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 538).

 

Comparative notes by various authors:

(verse 5.42-46)

See Comparative notes for Verse 5.42.

 

 

VERSE 5.44

Section VI - Lawful and Forbidden Meat

 

या वेदविहिता हिंसा नियताऽस्मिंश्चराचरे ।
अहिंसामेव तां विद्याद् वेदाद् धर्मो हि निर्बभौ ॥४४॥

yā vedavihitā hiṃsā niyatā'smiṃścarācare |
ahiṃsāmeva tāṃ vidyād vedād dharmo hi nirbabhau ||44||

 

That killing which is sanctioned by the Veda has been eternal in this world of mobile and immobile beings: it is to be regarded as no killing at all; since it was out of the Veda that the Law shone forth. — (44).

 

Medhātithi’s commentary (manubhāṣya):

The killing of creatures which has been prescribed in the Veda, ‘has been eternal’ — without beginning — ‘in this world of mobile and immobile beings;’ on the other hand, that which is laid down in the Tantra and other works is modern, and based upon mistaken induction. Hence it is only the former that is to be regarded as ‘no killing at all’; and this for the reason that it does not involve any sin in reference to the other world. When this killing is called ‘no killing,’ it is only in view of its effects, and not in view of its form (which of course is that of killing ).

“Since both acts would be equally killing; how can there be any difference in their effects ?”

The answer to this is — ‘because it was out of the Veda that the Law shone forth’; — the promulgation of what is lawful (right) and what is unlawful (wrong) proceeded from the Veda; human authorities not being at all trustworthy. And as a matter of fact, the Veda is found to declare that in certain cases, killing is conducive to welfare. Nor is there an absolute identity of form (between the two kinds of killing); because firstly there is the difference that, while one is done for the sake of accomplishing a sacrifice, the other is done for entirely personal motives; and secondly there is difference in the intention also, that is, ordinary killing is done either by one who desires to eat meat, or by one who hates the creature (killed), while the Vedic killing is done because the man thinks that ‘it is enjoined by the scriptures’.

‘Shone forth’ — Shone fully; i.e., became manifested. — (44).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 538).

 

Comparative notes by various authors:

(verse 5.42-46)

See Comparative notes for Verse 5.42.

 

 

VERSE 5.45

Section VI - Lawful and Forbidden Meat

 

योऽहिंसकानि भूतानि हिनस्त्यात्मसुखैच्छया ।
स जीवांश्च मृतश्चैव न क्व चित् सुखमेधते ॥४५॥

yo'hiṃsakāni bhūtāni hinastyātmasukhaicchayā |
sa jīvāṃśca mṛtaścaiva na kva cit sukhamedhate ||45||

 

He, who kills harmless creatures for the sake of his own pleasure, never attains happiness, living or head — (45).

 

Medhātithi’s commentary (manubhāṣya):

A half-syllable — ‘a’ — should be understood to be present (between ‘go’ and ‘hiṃsakam’). The prohibition regarding ‘harmless creatures’ indicates that there is no prohibition regarding dangerous animals, such as serpents, tigers and the like. — (45).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 538).

 

Comparative notes by various authors:

(verse 5.42-46)

See Comparative notes for Verse 5.42.

 

 

VERSE 5.46

Section VI - Lawful and Forbidden Meat

 

यो बन्धनवधक्लेशान् प्राणिनां न चिकीर्षति ।
स सर्वस्य हितप्रेप्सुः सुखमत्यन्तमश्नुते ॥४६॥

yo bandhanavadhakleśān prāṇināṃ na cikīrṣati |
sa sarvasya hitaprepsuḥ sukhamatyantamaśnute ||46||

 

He, who does not seek to inflict sufferings of capture and death on living beings, is the well-wisher of all and obtains perfect happiness. — (46).

 

Medhātithi’s commentary (manubhāṣya):

“Capture” and ‘death’ are the ‘sufferings’ meant; or ‘sufferings’ may be taken separately, as standing for ‘doing pecuniary harm’ etc.

He who seeks to do all this , — i.e., who not only desists from such acts, but who never has any desire to do it; — such a person does not merely cense, to do harm to others, he actually becomes their ‘well-wisher’, — he is anxious to do good to them; and ‘he obtains perfect happiness’ — (46).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 539).

 

Comparative notes by various authors:

(verse 5.42-46)

See Comparative notes for Verse 5.42.

 

 

VERSE 5.47

Section VI - Lawful and Forbidden Meat

 

यद् ध्यायति यत् कुरुते रतिं बध्नाति यत्र च ।
तदवाप्नोत्ययत्नेन यो हिनस्ति न किं चन ॥४७॥

yad dhyāyati yat kurute ratiṃ badhnāti yatra ca |
tadavāpnotyayatnena yo hinasti na kiṃ cana ||47||

 

He who does not injure anything obtains, without effort, what he thinks of, what h e undertakes, and what he fixes his heart upon. — (47).

 

Medhātithi’s commentary (manubhāṣya):

‘What he thinks of’, — in the shape of profit and honour, &c.

‘What he fixes his heart upon’, — whatever desirable thing he has longing for; — all this ‘he obtains without effort.’

‘What he undertakes’ — whatever art he does, the reward of that he obtains, without and difficulty, immediately after the accomplishment of that act. — (47)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.181) as laying down the indirect result of avoiding the killing of animals.

 

Comparative notes by various authors:

Viṣṇu (51.70). — (Same as Manu.)

Yājñavalkya (l.181). — ‘The self-controlled Brāhmaṇa, even though living in the house, obtains all desires and also the reward of Aśvamedha sacrifice, if he gives up meat.’

Bṛhaspati (Vīramitrodaya-Āhnika, p. 536). — ‘If the non-greedy man cats not meat, even though he is ill or has been invited, he obtains, without effort, the reward of the Aśvamedha sacrifice.’

Yama (Vīramitrodaya-Āhnika). — ‘The approver, the cutter, the killer, the buyer, the seller, and the cooker — all these are slayers......the eater is the seventh and the worst of all.’

 

 

VERSE 5.48

Section VI - Lawful and Forbidden Meat

 

नाकृत्वा प्राणिनां हिंसां मांसमुत्पद्यते क्व चित् ।
न च प्राणिवधः स्वर्ग्यस्तस्मान् मांसं विवर्जयेत् ॥४८॥

nākṛtvā prāṇināṃ hiṃsāṃ māṃsamutpadyate kva cit |
na ca prāṇivadhaḥ svargyastasmān māṃsaṃ vivarjayet ||48||

 

Meat is never obtained without having encompassed the killing of animals; and the killing of animals does not lead to heaven; hence one should avoid meat. — (48)

 

Medhātithi’s commentary (manubhāṣya):

This verse show’s that all the verses forbidding the killing of animals are auxiliary to the prohibition of meat-eating.

As a matter of fact, until animals have been killed, meat cannot be obtained; and killing is very painful. Hence one should avoid meat.

“Meat can be obtained from animals that die of themselves; how is it then that it is said that it cannot be obtained without encompassing the death of animals?”

The verse is a purely commendatory exaggeration. Further, there can be no idea of any one eating the meat of animals dying of themselves, for the simple reason that such meat is the source of disease. Meat is never eaten without being offered, and what is a source of disease can never be offered as gift.

‘Utpadyate’; — the meat is brought about by killing; hence the nominative of hilling and of obtaining may be regarded as one and the same; so that there is nothing incongruous in the expression ‘nākṛtvā utpadyate’. Or, ‘utpadyate’ may be construed along with ‘does not lead to Heaven.’ What is meant is, not only that it does not lead to heaven, but also that it leads to hell and other evils. — (48)

 

Explanatory notes by Ganganath Jha:

(verses 5.48-49)

These verses are quoted in Parāśaramādhava (Ācāra, p. 719), which adds that the prohibition contained here pertains to the eating of meat obtained by such killing of animals as is prohibited, — and not to that of meat obtained by purchase; and this on the ground that it is prefaced by the deprecating of the act of killing.

VERSE 48 only is quoted in Prāyaścittaviveka (p. 279).

 

 

VERSE 5.49

Section VI - Lawful and Forbidden Meat

 

समुत्पत्तिं च मांसस्य वधबन्धौ च देहिनाम् ।
प्रसमीक्ष्य निवर्तेत सर्वमांसस्य भक्षणात् ॥४९॥

samutpattiṃ ca māṃsasya vadhabandhau ca dehinām |
prasamīkṣya nivarteta sarvamāṃsasya bhakṣaṇāt ||49||

 

Having duly pondered over the origin of meat, and over the fettering and killing of living beings, one should abstain from the eating of all meat. — (49)

 

Medhātithi’s commentary (manubhāṣya):

The foetus grows in the womb, which is an unclean place: and it is produced from semen and ovule, both unclean things.

‘Fettering and killing’ — involved in the obtaining of meat.

‘Having duly pondered over’ — carefully considered with an alert mind; — ‘all this, — one shall abstain from the eating of all meat’ — i.e., also of that which is not forbidden; what to say of what is actually forbidden?

The present text is a commendatory exaggeration: it is not meant that meat should be always regarded as unclean; the sentence does not mean to lay down that all meat is actually unclean. — (49)

 

Explanatory notes by Ganganath Jha:

(verses 5.48-49)

See Explanatory notes for Verse 5.48.

 

 

VERSE 5.50

Section VI - Lawful and Forbidden Meat

 

न भक्षयति यो मांसं विधिं हित्वा पिशाचवत् ।
न लोके प्रियतां याति व्याधिभिश्च न पीड्यते ॥५०॥

na bhakṣayati yo māṃsaṃ vidhiṃ hitvā piśācavat |
na loke priyatāṃ yāti vyādhibhiśca na pīḍyate ||50||

 

He who does not eat meat like a fiend, disregarding the proper method, becomes popular among men and is not afflicted by disease. — (50)

 

Medhātithi’s commentary (manubhāṣya):

‘Proper method’ — i.e., of worshipping the Gods and so forth; if one does not eat meat, regardless of this manner, but eats it only in the right manner, — ‘he b ecomes popular’ — loved by the people: he becomes dear to all.

‘He is not afflicted by disease.’ — Diseases are produced if a man eats the flesh of lean and enfeebled animals. For this reason also one should eat meat only in the right manner; and by eating it thus, he ‘is not afflicted by disease.’ By eating meat in any other way, he is always afflicted by disease.

‘Like a fiend.’ — The term ‘fiend’ stands for a species of lower animals, which eat flesh always in the wrong manner; hence every one who eats it in the wrong manner becomes like a fiend; — this is the sense of the deprecatory simile. — (50).

 

Explanatory notes by Ganganath Jha:

Cf. The Mahābhārata 13.114.12.

 

 

VERSE 5.51

Section VI - Lawful and Forbidden Meat

 

अनुमन्ता विशसिता निहन्ता क्रयविक्रयी ।
संस्कर्ता चोपहर्ता च खादकश्चेति घातकाः ॥५१॥

anumantā viśasitā nihantā krayavikrayī |
saṃskartā copahartā ca khādakaśceti ghātakāḥ ||51||

 

He who approves, he who cuts, he who kills, he who buys and sells, he who cooks, he who serves and he who eats it are ‘slayers’ — (51).

 

Medhātithi’s commentary (manubhāṣya):

When some one is killing an animal, if another person should come, and for his own selfish purposes show his approbation, by such words as ‘he is doing well in thus killing the animal,’ — this latter man is called the, ‘approver’.

‘He who cuts.’ — he who quarters the dead body.

‘He who serves’ — places it before persons eating.

‘He who eats it’.

All these are ‘slayers’.

What is meant by attributing the character of the ‘slayer’ to those who do not actually slay, but do the other acts of eating, preparing, selling, &c., — is the deprecation of all these acts; all these persons do not actually become ‘slayers.’ The ordinary act of ‘slaying’ is that which results in loss of life: so that it is only one who does this act that is the ‘slayer.’ In accordance with the rule that ‘the nominative agent of an act is one who does it independently by himself,’ that person alone is called the ‘slayer’ who deprives living beings of their life; those who do the acts of buying, selling, etc., are other than that person.

“But the statement that the approver and the rest also are slayers also emanates from the Smṛti (and as such must be accepted as true).”

The authority of this Smṛti does not extend to the subject of words and their denotations; it is confined to the subject of right and wrong, — what is lawful and what unlawful. More authoritative on the subject of words and their meanings is the revered Pāṇini. In fact Manu and otther writers on Smṛti only make use of words in accordance with ordinary usage, and they do not lay down rules bearing upon words and their meanings; they use the words, they do not regulate them.

“But as a matter of fact, we do find these writers making such assertions as ‘such and such a person is called a Preceptor’ and so forth (which lay down the denotation of words).”

True; bat in such cases there is no inconsistency between what the Smṛti says and what we learn from the treatises bearing upon the subject. Nor again is there any other useful purpose found to be served by those passages that explain the meaning of the term ‘preceptor’ (for instance). In the present case, however the passage is capable of serving an. auxiliary purpose by bring taken as a commendatory statement; so that it is not possible, on the strength of the present text alone, to regard all. these persons as ‘slayers.’

Some people argue as follows: — “If there is no one to eat, there would be no one to kill; so that the killing is really prompted by the eating; and the prompter of an act also has been regarded as its doer; so that the eater is the slayer, even in the direct sense of this term; and it is only right that the eater should have to perform the same Expiatory Rite as the slayer.”

This, we say, is not right; because as a matter of fact, a different expiatory rite has been prescribed, under Discourse XI for the taster of the meat of the animals killed (by others).

What has been stated above regarding the prompter bring the doer, that also is not true. The prompting agent has been thus defined — ‘He who by means of direction and request, prompts the independent agent, is also an auxiliary agent, the other bring the principal one.’ And as a matter of fact when the slayer kills the animal, hie is not ordered to do so by the eater; be does it as u means of living, with the motive that he shall live by selling the flesh.

If prompting means abetting, — i.e., if it be held that when a man proceeds to do a certain act, if another person abets him and co-operates with him, the latter is to be regarded as the prompter — then, this definition also is not applicable to the present case, in the act of killing, the ‘abetting’ would consist in such acts as — (a) collecting the weapons, etc. (b) the sharpening of the blunted axe, (c) the bringing up of the sword, and so forth; as without these the act of killing could not be accomplished, [and none of these acts is done by the eater ].

If, however, the prompter be defined as ‘that person for whose take the. work is done,’ — then, in the case of the ‘teaching of the boy,’ the boy would have to be regarded as the prompting agent in the act of ‘teaching’; and yet ‘teaching’ does not mean ‘reading’ (which is what the boy actually does).

Then again, when the slayer does the killing, he does not do so for the benefit of any particular person, by virtue of which the latter’s action of eating could be regarded as sinful. In fact, all these persons undertake these acts for their own benefit; and not one of them is troubled by the idea of benefiting any other person.

“Even when the man undertakes the killing for his own benefit, such action would be absolutely useless if there were no eater: it is only when there is an eater, that the man’s action is fruitful; and the fruit of an act is the motive, the ‘prompting force; and as this depends upon the enter, the eater also is an indirect prompter.”

If this be so, then, when a person is murdered on account of enmity, since the enemy would be the prompter of the act of killing, the murdered man could become the murderer! For without enmity, the act of murder would not be possible. Similarly when in the case of Brāhmaṇa-murdcr, the murderer (in course of the Expiatory Rite) gives away his entire property, the act of giving will have been prompted by the murder: and as there could be no recipient without the giver, it is not only the re-chastity, but the giver also that would beecome tainted with the sin. Similarly a beautiful woman would incur sin by guarding her chastity against the lover who has his heart burning with the arrows of love and who has expressed his longing for her.

From all this it follows that what has been suggested cannot be the definition of the prompter.

As a matter of fact, both the slayer and the eater do their respective acts for their own special benefit: but they become helpful to one another in the manner of two persons one of whom has lost his horse and another his cart; and there can be no question of one being the prompter of the other.

This has been fully discussed under 8.104. — (51).

 

Comparative notes by various authors:

“In the Mahābhārata (13.114.36-49) this is ‘as told of old by Mārkaṇḍeya’.” — Hopkins.

This verse is quoted in Aparārka (p. 251) — in Mitākṣarā (on 1.181), as describing the eight kinds of ‘killer’; — and in Smṛtisāroddhāra (p. 301), which has the following notes: — ‘ghātakāḥ’, partakers in the sin, — ‘anumantā’, who acquiesces in the act, — ‘viśasitā’, who cuts the limbs, — ‘nihantā’, who actually does the act that deprives the animal of the life, — ‘saṃskartā,’ who cooks the meat, — ‘upahartā’, who serves the meat.

Last Updated: 16 February, 2018

 

 

VERSE 5.52

Section VI - Lawful and Forbidden Meat

 

स्वमांसं परमांसेन यो वर्धयितुमिच्छति ।
अनभ्यर्च्य पितॄन् देवांस्ततोऽन्यो नास्त्यपुण्यकृत् ॥५२॥

svamāṃsaṃ paramāṃsena yo vardhayitumicchati |
anabhyarcya pitṝn devāṃstato'nyo nāstyapuṇyakṛt ||52||

 

If a man, without worshipping the gods and Pitṛs, seeks to increase his own flesh by the flesh of others, — there is no s inner greater than that person. — (52).

 

Medhātithi’s commentary (manubhāṣya):

This deprecates the man who eats meat for the purposc of fattening himself, and not one who does it for averting disease. That this is so is clear from the words of the text ‘he who seeks to increase.’ In him also, only if he does it ‘without worshipping the Gods and Pitṛs.’ But if the man is ill, and recovery is not possible without eating meat, then there would be no harm, even if the said worshipping were not done. — (52).

 

Explanatory notes by Ganganath Jha:

“In the Mahābhārata (13.114.14) this verse is ascribed to Nārada.” — Hopkins.

This verse is quoted in Vīramitrodaya (Āhnika, p. 531); — and in Smṛtisāroddhāra (p. 301).

 

Comparative notes by various authors:

Mahābhārata (13.115.14, 36) (116.11). — (Reproduces Manu, the second line reading as ‘Nāradaḥ prāha dharmātmā niyatam sovasīdati under 14; and under 36, the second line reading as ‘udvignavāso vasati yatra yatrābhijāyate’ and under 116.16, the second line reading as ‘nāsti kṣudratarastasmāt sa nṛśaṃsataro naraḥ.’)

Viṣṇu (51.76). — (Same as Manu.)

Yājñavalkya (1.181). — (See above, under 47.)

 

 

VERSE 5.53

Section VI - Lawful and Forbidden Meat

 

वर्षे वर्षेऽश्वमेधेन यो यजेत शतं समाः ।
मांसानि च न खादेद् यस्तयोः पुण्यफलं समम् ॥५३॥

varṣe varṣe'śvamedhena yo yajeta śataṃ samāḥ |
māṃsāni ca na khāded yastayoḥ puṇyaphalaṃ samam ||53||

 

If a man performs the Aśvamedha Sacrifice every year, for a hundred tears, — and another does not eat meat, — the merit and reward of both these are the same. — (53.)

 

Medhātithi’s commentary (manubhāṣya):

The eating of the meat of the Hare and other animals, — in the form of remnants of the worship of Gods and Pitṛs — has been sanctioned. If one abstains from this eating, he obtains the fruits of the Aśvamedha sacrifice; and the fruits of this sacrifice have been described in the words ‘he obtains all desires, etc., etc.’

In this connection it would not be right to urge the following objection: — “How can mere abstaining from meat be equal to a sacrifice involving tremendous labour and much expense?” — Because the said abstention also is extremely difficult. Further, the principle enunciated in the Sūtra. — ‘The particular result would follow from development as in the ordinary world’ — is operative here also. Hence there can be no objection against the asserting of results or fruits of actions.

Our answer however is us follows: — What is said in the text is a purely commendatory exaggeration; socially because the statement of the sacrifice being performed ‘every year for one hundred years’ can be regarded only us such an exaggeration; for it is not possible for the Aśvamedha to be performed every year; nor can it be performed ‘for a hundred years,’ as no performer would live so long,

‘Puṇyaphalam’ is a copulative compound, it being impossible to take it us a Genitive Tatpuruṣa. — (53).

 

Explanatory notes by Ganganath Jha:

In the Mahābhārata (13.114.15) this occurs as writer’s ‘matam mama,’ but it has ‘māse’ for ‘varṣe’ — says Hopkins.

This verse is quoted in Mitākṣarā (on 1.181), to the effect that the merit of the performance of Aśvamedha accrues to one who renounces meat for a full year; — and in Vīramitrodaya (Āhnika, p. 533), which adds that according to Medhātithi, this is mere Arthavāda, and not the declaration of a result that actually follows from the act, — this being based upon the principle laid down by Jaimini under 4.3.1. It goes on to add that this view is not right; as this case is not analogous to that of Jaimini 4.3.1,

A ‘declaration of rewards’ is regarded as an ‘Arthavāda’ only when there is some other passage mentioning another reward in connection with the same act; in the present case, however, we do not find any other passage speaking of any other rewards accruing from the renouncing of meat for one year; so that this comes under the Rātrisattranyāya (Jaimini 4.3.17 et. seq.; see note under verse 40). It concludes with the remark that the reward accruing from the renouncing of meat for one year, — even though of the same kind as that following from the Aśvamedha — is of a much lower degree; — and quotes the following Kārikā of ‘Bhaṭṭapāda’ —

phalānāmalpamahatām karmaṇāṃ ca svagocare |
vibhāgaḥ snānasāmānyādaviśeṣeṇa codite |

 

Comparative notes by various authors:

Mahābhārata (13.115.10, 16). — ‘If one performs the Aśvamedha month after month, and if one eats not. meat, the two are equal. If one were to perform difficult austerities for full one hundred years, and one were to omit meat-eating, the two might or might not be equal.’

Viṣṇu (51.76). — (Same as Manu.)

Yājñavalkya (1.181). — (See above, under 47.)

 

 

VERSE 5.54

Section VI - Lawful and Forbidden Meat

 

फलमूलाशनैर्मेध्यैर्मुन्यन्नानां च भोजनैः ।
न तत् फलमवाप्नोति यत्मांसपरिवर्जनात् ॥५४॥

phalamūlāśanairmedhyairmunyannānāṃ ca bhojanaiḥ |
na tat phalamavāpnoti yatmāṃsaparivarjanāt ||54||

 

By subsisting upon sacred fruits and roots, and by eating the food of hermits, one does not obtain that reward which he does by abstaining from meat — (54).

 

Medhātithi’s commentary (manubhāṣya):

‘Sacred’ — fit for Gods.

‘Food of hermits’ — i.e., such grains as are got without cultivation; e.g., the Nirāra and the like.

This verse also is a purely commendatory exaggeration — (54)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 719), which adds that the renouncing of meat here spoken of refers to meat other than the ‘consecrated’ and the rest that have been spoken of before.

 

Comparative notes by various authors:

(verses 5.54-55)

Viṣṇu (51.77.78). — (Same as Manu.)

 

 

VERSE 5.55

Section VI - Lawful and Forbidden Meat

 

मां स भक्षयिताऽमुत्र यस्य मांसमिहाद् म्यहम् ।
एतत्मांसस्य मांसत्वं प्रवदन्ति मनीषिणः ॥५५॥

māṃ sa bhakṣayitā'mutra yasya māṃsamihād myaham |
etatmāṃsasya māṃsatvaṃ pravadanti manīṣiṇaḥ ||55||

 

‘Me he (māṃ-sa) will devour in the next world, whose meat I eat in this’ — this is the ‘meatness’ (māṃsatva) of the ‘meat’ (māṃsa), as the wise ones declare. — (55).

 

Medhātithi’s commentary (manubhāṣya):

This explanation of the name is a commendatory description.

‘Māṃ sa bhakṣayitā’, — ‘He will eat me.’ — ‘The general pronoun ‘saḥ,’ ‘he,’ has its particular character pointed out by what follows — ‘whose meat I eat here.’ — (55).

 

Explanatory notes by Ganganath Jha:

Cf. The Mahābhārata 13.116.35.

This verse is quoted in Vīramitrodaya (Āhnika, p. 531); — and in Sṛmtisāroddhāra (p. 301).

 

Comparative notes by various authors:

(verses 5.54-55)

See Comparative notes for Verse 5.54.

 

 

VERSE 5.56

Section VI - Lawful and Forbidden Meat

 

न मांसभक्षणे दोषो न मद्ये न च मैथुने ।
प्रवृत्तिरेषा भूतानां निवृत्तिस्तु महाफला ॥५६॥

na māṃsabhakṣaṇe doṣo na madye na ca maithune |
pravṛttireṣā bhūtānāṃ nivṛttistu mahāphalā ||56||

 

There is no sin in the eating of meat, nor in wine, nor in sexual intercourse. Such is the natural way of living beings; but abstention is conducive to great rewards. — (56).

 

Medhātithi’s commentary (manubhāṣya):

From verse 28 to this we have a series of purely commendatory texts; there are only two or three verses that are injunctive in their character.

‘There is no sin in the eating of meat.’ This assertion stands on the same footing as verse 32 above. What we learn from the present verse (in addition to what we know already) is that ‘abstention is conductive to great rewards.’ By various deprecatory texts the impression has been produced that ‘no meat should be eaten.’ But by way of providing a means of living for living beings it has been asserted that ‘there is no sin in the eating of meat’; which means that there is no sin if one eats such meat as is the remnant of the worship of Gods, etc., or what is eaten at the wish of Brāhmaṇas, and under such similar circumstances specified above; but this only if he wish to eat it.

‘Abstention’ — taking the resolve not to eat meat and then to abstain from it — this is ‘conducive, to great reward.’ In the absence of the mention of any particular reward, Heaven is to be regarded as the reward. So say the Mīmāṃsakas.

Similarly in regard, to ‘wine’, for the Kṣatriyas, — and to ‘sexual intercourse’, for all castes; but apart from that which may be alone (a) ‘during the day’ or (b) ‘with women in their courses’, or ‘on sacred days’, (in connection with all of which sexual intercourse has been forbidden).

The three things mentioned, here, in their very restricted forms, constitute the ‘natural way of living beings’, sanctioned by the scriptures with a view to the maintenance of the body. Says the author of the Science of Medicine (Āyurveda) — ‘Food, continence and sleep — these three, intoxicants and women, tend to prolong life.’

If, however, one can manage to live without these, for him ‘abstention is conucive to great rewards.’ This is said merely by way of illustration: same being the case with all ‘abstentions’ from such things as are neither prescribed nor forbidden. Where however a certain act is definitely prescribed, there is nothing reprehensible in the man’s doing it, even if it be done only for the Bake of the pleasure that it affords him; in fact abstention from such an act would itself be reprehensible, as done with a view to ‘great rewards’; e.g. the eating of honey, having a full meal, wearing a woolen garment and so forth. Such also is the practice of cultured people; the revered Vyāsa also says the same. Those acts, on the other hand, to which people have recourse only through desire, — even though these be neither permitted nor forbidden, — e.g. laughing, scratching of the body and so forth, — abstention born these would be conducive to great rewards, — (56)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 719) in support of the view that it is only the eating of prohibited meat that is sinful; — and in Vīramitrodaya (Āhnika, p. 537), which adds the following notes: — ‘māṃse’ — i.e., such meat as is not forbidden; — ‘madye’ — for the Kṣatriya and other lower castes ; — ‘maithune’ — i.e., such sexual intercourse as is not prohibited; — ‘nivṛttiḥ’ — i.e., the determination to renounce; — ‘mahāphalā’ — i.e., conducive to the attainment of Heaven and such other results as have been mentioned in the foregoing arthavāda passages. Medhātithi has remarked that the determination to renounce meat and other things must be regarded as conducive to Heaven only, on the basis of the principle of the Viśvajit (Mīmāṃsā-sūtra 4.3.15-16). But this is not right, as it is very much simpler to accept the rewards mentioned in the arthavāda passages as the rewards meant here, rather than assume one on the basis of the said principle.

It is quoted in Prāyaścittaviveka (p. 277), which remarks that this refers, to such meat as is left, after the offerings to the gods and Pitṛs have been made; — as regards wine, the abandoning of it is ‘conducive to great rewards’ only for those for whom wine is not forbidden, — and as regards ‘sexual intercourse,’ the abandoning that leads to great rewards is that of the intercourse which is sanctioned ‘on all except the sacred days,’ and ‘that for the sake of pleasure.’

 

 

VERSE 5.57 [Impurity due to Death]

Section VII - Impurity due to Death

 

प्रेतशुद्धिं प्रवक्ष्यामि द्रव्यशुद्धिं तथैव च ।
चतुर्णामपि वर्णानां यथावदनुपूर्वशः ॥५७॥

pretaśuddhiṃ pravakṣyāmi dravyaśuddhiṃ tathaiva ca |
caturṇāmapi varṇānāṃ yathāvadanupūrvaśaḥ ||57||

 

I am going to describe, in due order, purification on death, as also purification of substances, as prescribed for all the four castes. — (57)

 

Medhātithi’s commentary (manubhāṣya):

‘For all the four castes’. — This is meant to imply that the duties of the Śūdra, generally laid down only in a vague form, could not be known without special effort.

‘Pretaśuddhi’, — the purification of the living after the death of other persons. This compound is according to the general rule ‘A noun with a declensional ending is compounded with anther noun with a declensional ending’.

Though the author announces that he is going to describe the purification, yet, in as much ‘purification is dependent upon, and relative to, ‘impurity’, and us it is the function of the treatise to provide information regarding both, the author is going to describe first the occasions of ‘Impurity’. — (57).

 

Explanatory notes by Ganganath Jha:

Mahābhārata (13.115.14, 36) (116.11). — (Reproduces Manu, the second line reading as ‘Nāradaḥ prāha dharmātmā niyatam sovasīdati under 14; and under 36, the second line reading as ‘udvignavāso vasati yatra yatrābhijāyate’ and under 116.16, the second line reading as ‘nāsti kṣudratarastasmāt sa nṛśaṃsataro naraḥ.’)

Viṣṇu (51.76). — (Same as Manu.)

Yājñavalkya (1.181). — (See above, under 47.)

 

 

VERSE 5.58

Section VII - Impurity due to Death

 

दन्तजातेऽनुजाते च कृतचूडे च संस्थिते ।
अशुद्धा बान्धवाः सर्वे सूतके च तथौच्यते ॥५८॥

dantajāte'nujāte ca kṛtacūḍe ca saṃsthite |
aśuddhā bāndhavāḥ sarve sūtake ca tathaucyate ||58||

 

When a child dies that has teethed, or one younger than it when its tonsure has been performed, all its relatives are ‘impure’. The same is declared to be the case with births also. — (58).

 

Medhātithi’s commentary (manubhāṣya):

‘Anujāta’ — is taken to mean younger than the child that has teethed.

The present verse mentions the several stages only by way of illustration, and much emphasis is not meant to be laid on them; since the exact period of ‘impurity’ in regard to the various stages is going to be prescribed later on; e .g., in another Smṛti-text we read — (a) Till the appearance of teeth etc.’ — (b) ‘When a child dies in a foreign country, etc., etc.’ (5.77), — there is‘immediate impurity’; — where the term ‘child’ is to be understood as standing for one that has not teethed. Thus too it. is that what the text (5.67) says regarding the ‘one night’s impurity’ in connection with the death of ‘persons whose tonsure has not been performed etc.’ is taken to be applicable also to one who has teethed. It is in this way that the rules laid down by the two Smṛti-texts in connection with the ‘child’ become reconciled. In fact the ‘one night’s impurity’ pertains only to children till the performance of the Tonsure; since in connection with those whose Tonsure has been performed, the period of impurity is going to be prescribed as to last for three days; and this applies to the case of hoys before their Initiatory Ceremony; after which the period would be ten days and so forth, as laid down in the text — ‘The Brāhmaṇa is purified in ten days, etc.’ (5.83).

Some people interpret the several alternative rules laid dowu in verses 5.59 et seq — ‘Impurity due to death lasts for ten days’ etc., etc., — as pertaining to the different ages (of the dying person), and construe them differently from their natural order — on the strength of usage and of other Smṛti.texts; by which (a) the impurity in connection with the Initiated child lasts for ten days, (b) in connection with the uninitiated for four days, (c) in connection with one whose Tonsure has been performed, three days, (d) in connection with one who has teethed, one day, and (e) in connection with younger children, it is to be only ‘immediate’; and so forth. In this way there would be an option between ‘three’ and ‘four’ days, in connection with one whose Tonsure has been performed.

But in accordance with these views, there would be no notice taken of the rule that has been prescribed in another Smṛti- text, in connection with the death of the boy ‘who has completed his Vedic Study’. All this we shall explain later on.

A person is called ‘dead’ when all his functions have ceased, and the root ‘sthā’ with the prepositiou ‘sam,’ denotes cessation of functions, [Hence ‘saṃsthita’ means de?a ].

‘Relations’, — i.e., Sapiṇḍas (sharers in the ball-offering) and Samānodakas (‘Sharers in the water-offering’).

‘Jātaka’ is the birth of a son, etc.

‘The same is declared to be the case’; i.e., all relations are impure.

Question: “Whence is any notion of age obtained, by which the text is interpreted as applying to one whose Tonsure has been performed, and thus refering to a particular sacramental rite? In a later text, the connection of the Initiatory Rite has been directly mentioned. But we do not find it any where stated upto what age a child may be called tonsured.”

Our answer to the above is as follows: By reason of its having been mentioned along with ‘one who has teethed,’ the term ‘tonsure’ is understood as indicating a definite age; and this age is to be taken as extending upto the third or the fourth year.

It has been argued that — “Since there is the option of performing the Tonsure during the first year, if one adopts this option, the present rule (which extends the ‘impurity’ in the case of the‘tonsured’ child to one day) would be contrary to the rule that ‘upto the period of teething, the impurity is only immediate’.”

This is not right. As a matter of fact, what is the extent of the ‘tonsured’ age we learn from the juxtaposition of the epithets ‘tonsure’ and ‘initiated’, which indicates that the new name becomes applicable only upon the performance of the next sacramental rite [so that the boy could be regarded as ‘tonsured’ only till the performance of the Initiatory Rite]. In this way, the present text would become reconciled with such texts as ‘Till teething, impurity is to be immediate.’ Similarly in the Smṛti- text — ‘Till the ceremony of initiation it is to be for three days’ — the Initiatory ceremony is mentioned only as indicative of a particular age. It might be argued that — “there would, in this case be no age specified for the Śūdra, in the way in which it is for the Brāhmaṇa, the Kṣatriya and the Vaiśya, in connection with whom, the Initiation has been more or less strictly prescribed, as being the eighth year and so forth.” — But in this case also, the age would be understood as when the period of ‘childhood’ is passed; in accordance with the law that ‘for all there is a full period of impurity.’ Thus then, after the eighth gear, in case of all the four castes, the period of impurity would be the full term’, and this age is applicable to the case of the Śūdra also. In accordance with the view by which the ‘Initiation’ in the present context is taken as indicating the eleventh (and twelfth) year in the case of the Kṣatriya and the Vaiśya, — there would be no age mentioned in connection with the Śūdra. Though in his case also the period of impurity extends to the full time, in the case of one who has passed his childhood; before which the period extends to three days only: and the passing of childhood has been defined in another Smṛti-text, which says — ‘Upto the eighth year one is called a child’, while others declare that ‘one is a child till his sixteenth year.’ Those who hold that ‘childhood’ ceases after the sixteenth year, — according to those also purification takes place only after a month (the full term). It has also been declared that ‘after six years, the purification of the Śūdra comes after a month’; and in another text — ‘one month in the case of the eight-year-old child’.

Objection — “The rules regarding the several ages are obtained from the verses that follow; why then should the ‘teething’, etc., have been specified in the present verse?”

Answer — True; but it bus been answered here also for the purpose of making the rules more intelligible. — (58)

 

Explanatory notes by Ganganath Jha:

‘Anujāte’ — ‘Younger than one that has teethed’ (Medhātithi, Govindarāja, Nārāyaṇa, Rāghavānanda; and Kullūka also, who is not rightly represented by Buhler).

‘Ca’ — This includes ‘one whose Upanayana has been performed’ (Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda).

This verse is quoted in Smṛtitattva (II, p. 239), which adds that according to this the impurity attaches, not only to the Sapiṇḍas, but also to Sagotras, Samānodakas, paternal relations, maternal relations and so forth; — ‘anujāta,’ literally meaning ‘bora after,’ means ‘one born after the dantajāta,’ this latter being the noun immediately preceding the word; — the presence of ‘ca,’ implies the ‘initiated’ also; ‘saṃsthīte’ means ‘dead.’

It is quoted in Hāralatā (p. 1), which adds the following notes: — ‘anujāta’ is the child born after the child that has cut its teeth, i.e., a ehilçl that has not cut its teeth, — ‘kṛtacūḍe ca,’ the ‘ca’ is meant to include one whose Upanayana has been performed, — ‘saṃsthite’ on his dying, — ‘sūtaka’ stands here for the impurity due to birth, that duo to death having been separately mentioned.

 

Comparative notes by various authors:

Parāśara (3.21). — (Same as Manu.)

Āpastamba (2.15.3.4). — ‘On account of the death of children who have not completed their first year, the parents alone shall bathe — and those who bury them.’

Viṣṇu (22.26-31). — In the case of the child dying immediately after birth, or one who is still-born, the impurity of the family ceases immediately; for such a child there is no cremation, nor water-oblations; in that of a child that has teethed hut whose tonsure has not been performed, the impurity lasts for a day and night; in that of one whose tonsure has been done, hut no other sacrament, three days.’

Yājñavalkya (3.18.23). — ‘Impurity due to death lasts for three or ten days; if the dead is a child less than two years old, the impurity attaches to the parents only; and that due to the birth attaches to the mother only. In the case of the death of children before teething, the impurity is only for the moment; in that of those after teething but before tonsure, it lasts for one night; in that of those after tonsure, hut before Upanayana, for three days; — after that, for ten days.’

 

 

VERSE 5.59

Section VII - Impurity due to Death

 

दशाहं शावमाशौचं सपिण्डेषु विधीयते ।
अर्वाक् सञ्चयनादस्थ्नां त्र्यहमेकाहमेव वा ॥५९॥

daśāhaṃ śāvamāśaucaṃ sapiṇḍeṣu vidhīyate |
arvāk sañcayanādasthnāṃ tryahamekāhameva vā ||59||

 

Among ‘Sapiṇḍas’. the period of impurity due to death is ordained to last for ten days; or till the collecting of the bones, or for three days, or for one day only — (59).

 

Medhātithi’s commentary (manubhāṣya):

The qualifications of the‘Sapiṇḍa’ shall be described later on.

‘Till the collecting of the bones’; — this is meant to indicate the period of four days; — since there is the text — ‘The bone-collecting of one who has set up the fire shall be done on the fourth day’.

The alternatives here laid down are in consideration of the man’s character and Vedic learning, or of his character only; as says another Smṛti -text, — ‘The Brāhmaṇa who is equipped with the Veda only, in three days, and he who has no qualifications, in ten days.’ The period of ‘one day’ is meant for the man who knows three Vedas and has set up the Fire; that of ‘three days’ far one who knows one Veda only; and that of ten days for one who has no such qualifications.

Gautama (14.44) has spoken of ‘immediate purity.’ But this is for a special purpose; all that is meant it that Vedic Study shall not cease. During the period of Impurity, several acts are discontinued, — e.g. for ten days, the food of the two families is not eaten; the making of gifts, the receiving of them, the offering af (of?) oblations and Vedic Study are discontinued; so that ordinarily all these acts would cease during the period; but so far as the Student of several Vedas is concerned, if he were not to repeat them regularly, he would forget them; hence in his case Vedic Study shall not cease.

Similarly it is only right that an alternative should be provided, in consideration of the mourner’s livelihood. For instance, for the man who lives by the ‘six acts’ (of giving and receiving gifts, of sacrificing and officiating at sacrifices, and Reading and Teaching), the impurity lasts for ten days; for him who lives by the ‘three acts’ (of receiving gifts, officiating at Sacrifices and Teaching), it lasts for four days, and for him who lives by’two acts,’ it lasts for three days. If, for all these, the Impurity were to last for ten days, then, as the man would not be entitled to receive gifts and officiate at sacrifices, his living would become extremely difficult for him.

Some people hold that — “there are four age-stages, and four periods of Impurity; so that each of the latter is to be taken along with each of the former.”

But according to this view, there would be ten days impurity in the case of the child that has teethed; while in the case of the death of the initiated boy, it would be for a single day only; and this would be contrary to usage and other Smṛti-texts.

In order to avoid this incongruity, the connection may be made in the reverse order; i.e., the death of the initiated boy entailing ten days, and that of the tonsured child four days, the teething child three days, and a still younger child only one day.

Even so in view of the incompatibility (of this view) with the Smṛti-text, that — ‘in the case of the tonsured child, the impurity lasts for three days’, — it would be necessary to regard the two (three and four days) as optional alternatives; specially as the term ‘sva’ refers to ‘three days,’ and the period of‘four days’ would apply to the particular livelihood of the mourner, or to the particular day on which the bones are collected. In this manner all this becomes reconciled with the other Smṛti-texts, which, speaks of‘one day, &c,’ If, on the other hand, the option were explained as based upon the diversity of age, — then, with what would Menu’s declaration regarding‘conduct’ and‘study’ be taken as optional?

From all this it follows that on the strength of Gautama’s assertion, there is to be‘immediate purification,’ only so far as Vedic Study is concerned — for the man who, like the person possessing a ‘granary’, has other means of living than the receiving of gifts, and who is very much learned in the Vedas. In the case of the other alternatives, of ‘three days’ and the rest, the purification in meant simply to qualify the man for the receiving of gifts for purposes of a living. This is according to the view of Gautama. If this were not his meaning, then, he would have said simply — ‘for the Brāhmaṇa learning the Veda,’ — and not ‘for the purpose of avoiding discontinuance of study.’

Thus, though purification has been laid down in a general way, as to be accomplished in a single day, — yet it should be understood as pertaining to certain special acts only. So that the ordinary period for the Brāhmaṇa being‘ten days’ (according to 5.83), there is no need for saying anything else; from which it is clear that the option should be admitted in the manner described above. In the case however of ‘purity’ being immediate, in the case of new born infants, and the period of impurity lasting for ‘three days’ in the case of tonsured children, — sinece there is no option, the purity must pertain to all acts. — (59).

 

Explanatory notes by Ganganath Jha:

“The commentators are of the opinion that the length of the period of the impurity depends on the status of the mourner; and that a man who knows the mantras only of one Śākhā shall be impure during four days, one who knows a whole Śākhā (or two Vedas) during three days, one who knows the Veda (or three Vedas) and keeps three or five sacred fires, during one day. Medhātithi however mentions another interpretation, according to which the four periods correspond to the four ages of the deceased, which have been mentioned in the preceding verse. According to this view, the Sapiṇḍas shall mourn for an initiated person for ten days, — for one who had received the tonsure, four days, and so forth.” — Buhler.

This verse is quoted in Aparārka (p. 893), which explains the first half to mean that the Sapiṇḍas are impure for ten days, and the second half as laying down three other alternatives; — ‘Arvāk (or as it reads ā vā) sañcayanāt asthnām’ it explains as indicating the period of four days, the fourth day being prescribed for the collecting of the bones of the dead. Thus the four alternative periods are — ten days, four days, three days and one day; and the rule regarding the restriction of one or the other is thus laid down by Parāśara — ‘The Brāhmaṇa equipped with both the Veda and the Fire becomes pure in one day, one equipped with the Veda only in three days, and one without qualifications in ten days.’

It is quoted in Mitākṣarā (on 3.29), which remarks that the four periods here specified are meant respectively for the ‘Kusūladhānyaka,’ the ‘Kumbhīdhānyaka,’ the Tryahaihika’ and the ‘Aśvastanika’ (described in 4.7 above). It quotes Parāśara’s rule (just quoted), but rejects it as unacceptable.

It is quoted in Madanapārijāta (p. 391), and again on p. 426; — in Smṛtisāroddhāra (pp. 226 and 229); — in Nityācārapradīpa (p. 116); — in Hāralatā (p. 3) which reads ‘āsthi’ and explains it as meaning ‘four days’; — and in Śuddhimayūkha (p. 37).

 

Comparative notes by various authors:

Gautama (14.1). — ‘The Sapiṇḍas become impure by death during ten days, — except those who officiate as priests, who have performed the initiatory sacrifice and religious students.’

Baudhāyana (1.11.1). — ‘Referring to deaths and births, they declare that the impurity of Sapiṇḍas lasts for ten days, except for the officiating priest, or one who has performed the initiatory sacrifice, or the religious student.’

Vaśiṣṭha (4.16). — ‘It is ordained that impurity caused by a death shall last ten days in the case of Sapiṇḍa relations.’

Viṣṇu (22.1). — ‘Impurity due to death and birth shall last for ten days for the Brāhmaṇa, among Sapiṇḍas.’ Yājñavalkya (3.18). — (See above, under 58.)

Āśvalāyana Gṛhyasūtra (4.4.18). — ‘For ten days after the death of a Sapiṇḍa (study and gifts are to be avoided).’

Śāṅkhāyana Gṛhyasūtra (4.7.6). — ‘If a death or birth has occurred, for ten days (shall study be discontinued).’

Parāśara (Aparārka, p. 894). — ‘The Brāhmaṇa equipped with fire and Veda becomes purified in a single day; one endowed with the Veda only, in three days; one devoid of special qualifications, in ten days.’

Dakṣa (Do.). — ‘There are options in regard to impurity due to birth — for the moment, for one, three, four, six, ten, twelve or fifteen days, for a month, and till death. No such impurity attaches to the persons who know the text and the meaning of the Veda, along with the subsidiary sciences, rituals and esoteric doctrines, and are also devoted to the performance of religious rites.’

Bṛhaspati (Do.). — ‘There is no impurity when Vedic Study is carried on, when Homa is offered at both times and when the Vaiśvadeva-offerings are constantly made. The Brāhmaṇa equipped with Fire and Veda becomes purified in one day; those with lesser qualifications, in three and four days. One without the Fire, in three days; the common Brāhmaṇa, in ten days; one who lives upon pickings and gleanings is immediately purified; for one whose sole possession is the Gāyatrī and who duly offers the three twilight-prayers, and who does not live the life of the dog, the impurity lasts for six days.’

Parāśara (Do.). — (Same as above; but ‘Mahābhārata is read’ in place ‘Homa is offered at both times).’

Dakṣa (Do. p. 895). — ‘The twice-born man who takes his food without bathing or making oblations, is always impure; also one who is an invalid, a miser, one in debt, one devoid of religious acts, and illiterate, one who is controlled by his wife and so forth.’

Brahmapurāṇa (Aparārka, p. 895). — ‘The man who has a second wife is beset with permanent impurity.’

Śātātapa (Do.). — ‘One who is degraded in birth and death, who is devoid of twilight-prayers, and who only bears the name of the Brāhmaṇa, becomes pure in ten days.’

Parāśara (l.3.6.). — (Same as above.)

(Do.) (1.3.7, etc.). — ‘Those who arc of the same Piṇḍa are affected by impurity. Up to the fourth grade, the impurity lasts ten days; at the fifth grade, six days; at the sixth, four days; at the seventh, three days.’

Kūrmapurāṇa (Parāśaramādhava, p. 583). — ‘On the death of the Brāhmaṇa, the Śūdra, the Vaiśya and the Kṣatriya are purified in ten days.’

Devala (Do.). — ‘On the death of the Brāhmaṇa, all his Sapiṇḍa relations are impure for ten days.’

 

 

VERSE 5.60 [Sapiṇḍa: relationship as bearing on ‘Impurity’]

Section VIII - Sapiṇḍa: relationship as bearing on ‘Impurity’

 

सपिण्डता तु पुरुषे सप्तमे विनिवर्तते ।
समानोदकभावस्तु जन्मनाम्नोरवेदने ॥६०॥

sapiṇḍatā tu puruṣe saptame vinivartate |
samānodakabhāvastu janmanāmnoravedane ||60||

 

The ‘Sapiṇḍa-relationship’ ceases with the person in the seventh-degree and the ‘Samānodaka-relationship,’ when the origin and the name become unrecognisable — (60).

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as the present context is meant to provide information regarding the exact signification of the term ‘anvaya’, ‘family’, — and as the term ‘bāndhava’, ‘relation’ (of the proceeding verses) is meant to be construed with the present text also, — the meaning of the present verse is that persons born of the same family are called ‘Sapiṇḍas’ upto the person in the seventh grade. In view of the assertion — ‘the son shall make offerings to those to whom his fathers make them’. — which lays down offerings to be made also by a person whose father is living; six persons become recognised as ‘Sapiṇḍas’ (the seventh being the offeror himself).

Further, according to the statement’ — ‘offerings are made to forefathers, counting one’s own self as the seventh’ — the grandfather, the great-grand-father and other ancestors are called ‘Sapiṇḍas’; and yet, while the six ancestors are called ‘Sapiṇḍas,’ the six descendants, beginning with the son, are also called ‘Sapiṇḍas,’ Because the ‘offering of the ball’ is a single act, upon which, and in connection with which, the title ‘Sapiṇḍa’ becomes applicable, — the ‘son’ and other descendants also become associated with this ‘act as performed by the grandson, and other descendants respectively; consequently the person to whom one makes the offering, and along with whom he becomes the recipient of the offering — all these come to be called ‘Sapiṇḍa;’ and the reason for this lies in the fact that the ‘ball-offering’ is the only indicative in the present case; just as in the case of the assertion ‘you should come at conch-time (gun-time)’ the ‘conch’ is the only indicative of the time that is meant. Thus it comes to this that all descendants upto the seventh grade of the greatgrandfather of one’s great-grandfather are his ‘Sapiṇḍas’; and similarly the descending line of one’s descendants, and the descendants of his father, grand-father and the rest. The degrees are to be counted from that person from whom the two lines bifurcate. For instance, among persons who have a common grandfather, the seven degrees should be counted from that grandfather, and persons falling within those seven degrees would be the ‘Sapiṇḍa’. Similarly in all cases.

In dealing with the question of ‘Sapiṇḍa’, all that the text speaks of is ‘person born of the same family,’ and no mention of the caste is made; consequently persons belonging to the Kṣatriya and other castes also become ‘Sapiṇḍa’ of the Brāhmaṇa. It is for this reason that on the birth of such persons also the Brāhmaṇa remains ‘impure’ for ten days; while in their own case the period lasts for twelve days (for the Kṣatriya), thirteen for the Vaiśya and so forth. Thus then, in the case of the birth or death of the person of a different caste, or in that of the Sapiṇḍa of a different caste, the purification is governed by the period prescribed for the caste of the person concerned.

In the case of the Kṣatriya and other castes, their ‘Sapiṇḍa’-relationship to the Brāhmaṇa extends to three degrees only; as says Śaṅkha — “If of one person there are born several persons, of different mothers and diverse castes, these are ‘Sapiṇḍas’, with varying periods of purification; but the ball-offering extends over three degrees only.” In this passage the term ‘of different mothers’ means ‘born of mothers of different castes’; the term ‘of diverse castes’ has also been added in view of the fact that persons born of mothers of the same caste also are ‘born of different mothers’. — These are ‘Ekapiṇḍa’, i.e., Sapiṇḍa; but ‘with varying periods of purification’; i.e., the purification of each person is in accordance with his own caste; for instance, for the Brāhmaṇa in the case of the birth, etc, of his Sapiṇḍa of the Kṣatriya and other castes, the purification takes ten days; while for the Kṣatriya, in the case of the birth, &c. of his Brāhmaṇa Sapiṇḍa, it takes twelve days; — there is the further peculiarity in this case that ‘the ball-offering extends over three degrees only’; i.e., it is offered to persons within three degrees only.

Within the pale of their own castes however, for the Kṣatriya and other castes also the ‘Sapiṇḍa-relationship’ extends over seven degrees, exactly as for Brāhmaṇas; specially as in the words of Śaṅkha justed quoted, we find the qualifying terms ‘born of one person from different mothers’ — it is only in relation to other castes that their ‘Sapiṇḍa-relstionship can be understood to extend over three degrees only. This same fact is still more clearly stated in the following Smṛti — text — ‘In the case of impurity due to the death of those relations of the Brāhmaṇa who are descendants from the Kṣatriya, the Vaiśya and the Śūdra, the purification of the Brāhmaṇa comes after ten days, upto six, three and one stage respectively.’

In the case of the wives of different castes, if the husband is alive, the purification is determined by the time laid down for the husband. To this end it is said — ‘In the case of birth and death among slaves, and among one’s wives of lower castes, the purification would be similar to that of the master or husband, but if the husband is not living, it shall be similar to that of their fathers.’

In place of the fist quarter of the text (instead of the words ‘sūte mṛte tu dāsānām — ‘in the case of birth and death among slaves’) some people read ‘asavarṇāsutānām’ (‘of sons born of other castes’). If such be the reading, then such Śūdra-sons as live in the house of the Brāhmaṇa-father would be controlled entirely by the ways of the father, and hence their time of purification would be ten days in consideration of their father’s caste.

The term ‘dāsa,’ ‘slave’, in the text just quoted are meant to be those that have been hired; because for born slaves we have another rule, — viz: — ‘Artisans, mechanics, female and male slaves, and king’s officers have been declared to be capable of immediate purification’. Bat this ‘purification’ should be understood to consist only in their touchability, and not as entitling them to the acts of offering gifts, feeding Brāhmaṇas and so forth; and the reason for this lies in the fact that all the names here mentioned are such as are based upon professions; which gives rise to the following questions — (a) Is the purification here laid down subversive of all the rules that have been laid down before? — Or (b) does it entitle the man to all acts? — Or (c) does it entitle him to a few of these only? And the conclusion that suggests itself is that the man is entitled to just those acts that may be necessary for the proper carrying out of the King’s business. Such also is the usage.

Objection. — “in the present context we do not find any prohibition of touching [how then can the text just quoted be taken as pertaining to touchability alone]?”

But in another Smṛti-text we read — ‘The touching of the body is permitted after the bones have been collected;’ and also elsewhere — ‘The Brāhmaṇas become touchable in three or four days; while at birth or death, purification comes in eleven days; in the case of the Kṣatriya there is touchability on the sixth or seventh day, and their food becomes pure in twelve days; in the case of the Vaiśya, touchability comes on the eighth or ninth day, but their food is pure in a fortnight; the Śūdra becomes touchable on the eleventh or twelfth day and the purification of his food comes about in a month.’ So says Hārīta; and yet another text also — ‘The touchability of the different castes comes about in three, four, five and six days respectively; the food of the Brāhmaṇa becomes eatable in ten days, and that of the other castes two, three and six days later’.

The several alternatives mentioned in the above texts are he taken as based upon the exigencies of individual cases, as also upon the higher or lower qualifications of the persons concerned; e.g. the hired slaves of the Brāhmaṇa remain untouchable for time or four days, while-their born slaves become touchable immediately. Similarly, in the case of the other cutes also.

Wherever ‘immediate purification’ is mentioned, them should be bathing with all the clothes on.

As regards the purification of material substances, — all details are going to be explained later on.

Among girls also, the ‘Sapiṇḍa-relationship’ extends to three degrees. As says Vaśiṣṭha — ‘For women who have got sons it is known to extend to three degrees.’ This limited ‘sapiṇḍa- relationship’ in the case of women however refers only to Impurity; as regards marriage what its extent should be has been already indicated before.

The final conclusion thus is that the seventh degree is the limit, and the persona up to and including the sixth degree are ‘Sapiṇḍas’. This is what is meant by the words — ‘it ceases with the person in the seventh deree (decree?).’

‘The Samānodaka’ relationship — i.e. the name ‘Samānodaka’ — ‘when the origin and the name become unrecognisable.’ — ‘Origin’ — ‘such a person is born in my own family’; — ‘name’ — ‘he is descended from the father named so and so, and the grandfather named so &; so’; — when both these are ‘unrecognisable.’ That is, when either of these happens to be unknown, then also, the name in question is not applicable.

In the case of persons within the limits of ‘Samānodaka-relationship,’ all that people should do is to enter a river or some other water-reservoir, till the water reaches up to the navel, — they should face the south and, having offered water with the right hand upward, without looking back, should return home. — (60)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 893), as providing the definition of the ‘Samānodaka’ relationship, and explains the meaning to be that this relationship subsists among all those people who clearly recognise a common ancestor; — in Mitākṣarā (on 1.253); — in Parāśaramādhava (Ācāra, p. 590); — in Vyāvahāramayūkha (p. 63) which, construes ‘Saptame’ as ‘Saptame atīte,’ so that the seventh also becomes included in ‘Sapiṇḍa’ relationship; — in Madanapārijāta (p. 427); — in Śuddhimayūkha (p. 37), which says that ‘vinivartate’ is to be construed with the second line also; — in Smṛtisāroddhāra (p. 230), which says that from the point where ‘Samānodaka’ relationship ceases, ‘Sagotra’ relationship alone remains; — in Nityācārapradīpa (p. 104), which quotes Medhātithi to the effect that all those who are descended from the great-grandfather of one’s own great-grandfather are his ‘Sapiṇḍas’; — in Hāralatā (p. 96), which has the following note: — Six ancestors beginning from one’s father are his ‘Sapiṇḍa,’ the seventh ancestor is not ‘Sapiṇḍa’; and the reason for this lies in the fact that one’s three immediate ancestors — father, grandfather and great-grandfather — are entitled to receive the ‘piṇḍa’ from him, and the next three ancestors — i. e., the father, grandfather and great-grandfather of the great-grandfather, — are entitled to the ‘smearings of his piṇḍa;’ while the seventh ancestor is not entitled to any share of Piṇḍa; it adds that the man himself is ‘Sapiṇḍa’ of his own six ancestors; — in Śuddhikaumudī (p. 52), which explains that the ‘Sapiṇḍā’ relationship ceases in one’s seventh ancestor, and ‘Samānodaka’ relationship extends upto that person who is known to be descended from ‘my such and such ancestor,’ and from the point where no such descent can be specifically pointed out, that relationship ceases and beyond that all are ‘gotraja’ only; — in Gadādharapaddhati (Kāla, p. 256), which reproduces Medhātithi’s remark quoted above; — in Smṛticandrikā (Saṃskāra, p. 181); — and in Vīramitrodaya (Vyavahāra, 209b).

 

Comparative notes by various authors:

Gautama (14.13). — ‘Sapiṇḍa-relationship ceases with the fifth or the seventh degree.’

Baudhāyana (1.11.2). — ‘Amongst Sapiṇḍas, Sapiṇḍa-relationship extends to the seventh degree.’

Āpastamba (2.15.2). — ‘On account of the blood-relations of his mother, and of his father, within six degrees, — or as far as the relation is traceable (he shall bathe, if they die).’

Vaśiṣṭha (4.17-18). — ‘It has been declared in the Veda that Sapiṇḍa-relationship extends to the seventh degree; that for married females, it extends to the third degree.’

Viṣṇu (22.5). — ‘Sapiṇḍa-relationship ceases at the seventh degree.’

Parāśara (1.3.8). — ‘In the case of descendants of a different caste, the Sapiṇḍa-relationship (and the consequent impurity) ceases with the fourth degree; one’s descendant in the fifth degree, becomes excluded from the Sapiṇḍa-relationship.’

Matsyapurāṇa (Parāśaramādhava, p. 589). — ‘Those beginning with the fourth ancestor, are Partakers of the Smearing; those beginning with the father, are Partakers of the Balls; the offerer of the hall himself is the seventh; thus does Sapiṇḍa-relationship extend over seven degrees.’

Paiṭhīnasī (Do., p. 590). — ‘The Sapiṇḍa-relationship ceases beyond three from the mother and five from the father.’

Vṛddha-Parāśara (Do., p. 589). — ‘Sapiṇḍa-relationship ceases with the seventh degree, in the case of their being all of the same caste; in the ease of their being of different castes, it ceases with the fourth degree.’

 

 

VERSE 5.61

Section VIII - Sapiṇḍa: relationship as bearing on ‘Impurity’

 

जननेऽप्येवमेव स्यान् मातापित्रोस्तु सूतकं ।
सूतकं मातुरेव स्यादुपस्पृश्य पिता शुचिः ॥६१॥

janane'pyevameva syān mātāpitrostu sūtakaṃ |
sūtakaṃ mātureva syādupaspṛśya pitā śuciḥ ||61||

 

Thus also should it be at a birth; but the parturient disability attaches to the parents only; or, the parturient disability would attach to the mother alone, and the father would become purified by bathing. — (61)

 

Medhātithi’s commentary (manubhāṣya):

The same rule holds good regarding ‘birth’ among Sapiṇḍas. Just as in connection with death several alternative periods of impurity have been laid doom, in consideration of one’s livelihood depending upon the six acts (of giving and receiving gifts and so forth), and also upon the vastness or purity of one’s Vedic learning, — exactly the same holds good regarding cases of birth also; all that is meant to be applicable to the case of birth is impurity pure and simple, without any qualification of time; so that no specifications being found to be indicated here, the case of birth, through its own inherent aptitude, becomes connected with all that has been said (in the way of qualifications and limitations) in connection with death. On the other hand, if the words of the text were taken to indicate the application, to the case of birth, of impurity as specially limited by a particular period of time, then it would be connected only with the period of ten days, which is the principal alternative laid down; and in that case this same period would apply to the case of Vedic Study &c. also. Or, by the closer proximity of the mention of the alternative of the single-day-period, the case of birth would become connected with this latter period only; and thus having its wants supplied by this, it would have no connection with the other alternative periods of ‘three days’ and the rest. And in that case, even in the face of the limitations and restrictions due to livelihood and study, the present text would lay down the same single alternative in connection with both death and birth, and would, irrespective of all qualifications of the persons concerned, become conditioned by their caste only, and thus become incongruous and opposed to usage.

“Under this explanation, the alternative periods of three days and the rest would become applicable also to the women that have been delivered; and this would be contrary to all usage.”

The answer to this is as follows: — This would be the case only if what is laid down in the present verse (regarding the delivered woman) were an optional alternative. As a matter of fact however, the rule laid down is absolutely fixed. It is only thus that the use of the term tu “but” becomes justified.

Then again, the term ‘sūtaka’ used in the text does not directly denote impurity; it could only indirectly indicate the impurity as related to parturition (which is what is directly express sed by the word). But through indirect indication it would be far more reasonable to make it express untouchability, which is more nearly related to parturition. If all kinds of impurity were meant, then the author would have used the word ‘āśauca’ ‘impurity’, itself; and the line would have read ‘āśaucam mātureva syāt.’ From all this it follows that another Smṛti-text having laid down three days (for both parents), and the present text making no mention of any such period, what is here said regarding the ‘parturient disabiliy’ attaching ‘to the mother only’ is an optional alternative. So that between the father and the mother the option applies to the father only.

The father becomes pure after having bathed. This is only by way of a piefatory (prefatory?) statement; from what follows in the next verse the father also remains untouchable for three days. (61).

 

Explanatory notes by Ganganath Jha:

Medhātithi and Govindarāja omit the first line of 61 and the first line of 62; so that in the place of 61 and 62, they read only one verse made up of the second lines of both 61 and 62.

This verse is quoted in Hāralāta, (p. 15), which explains ‘evameva’ as standing for ‘ten days’ and other periods; — and in Śuddhimayūkha, (p. 37).

 

Comparative notes by various authors:

Gautama (14.14). — ‘The rules regarding impurity caused by death of a relation are applicable to that caused by the birth of a child also; — in this case, the impurity falls on the parents, — or on the mother alone.’

Baudhāyana (1.11.1). — ‘Referring to births and deaths, they declare that the impurity of Sapiṇḍas lasts ten days.’

Do. (1.11. 19-23). — ‘On a birth indeed, the parents become impure for ten days; some declare that the mother alone becomes impure, because people avoid only lying-inwomen; others say that the father alone becomes impure, because the semen is the chief cause, the Veda speaking of sons born without mothers. Hut the correct opinion is that both the parents become impure, because they are equally connected with the event.’

Vaśiṣṭha (4.20-22). — ‘The rule regarding impurity should bo exactly the same on the birth of a child, for those men who desire complete purity, — or for the mother and the father alone; according to some for the mother only; they quote the following text: — “On the birth of a child, the male does not become impure, if he does not touch the female.”’

Parāśara (3.31). — (Same as Manu.)

Yājñavalkya (3.10). — ‘The impurity (on birth) attaches to the parents; but most certainly and completely to the mother. On the day of the birth however there is no impurity; since on that day the ancestors are born.’

Vaśiṣṭha (Aparārka, p. 896). — There is no impurity for the male, if he has no contact with the female.’

 

 

VERSE 5.62 [Other forms of Impurity]

Section IX - Other forms of Impurity

 

निरस्य तु पुमांशुक्रमुपस्पृस्यैव शुध्यति ।
बैजिकादभिसम्बन्धादनुरुन्ध्यादघं त्र्यहम् ॥६२॥

nirasya tu pumāṃśukramupaspṛsyaiva śudhyati |
baijikādabhisambandhādanurundhyādaghaṃ tryaham ||62||

 

The man, having emitted semen becomes pure by bathing; hence, on account of seminal filiation he should observe impurity for these days. — (62)

 

Medhātithi’s commentary (manubhāṣya):

While laying down purification after three days, the author permits the purification by bathing, which has been spoken of above. If it be asked — “why should this be stated?” — the answer is that it is stated in the form an injunction; by way of a commendatory assertion, and not a regular injunction, just as in the case of the Vedic passage ‘jartilayavāgvā va juhuyāt

‘Having thrown out semen’, — after emission daring the act of sexual intercourse, — the man becomes pure by bathing.

‘Hence, on account of seminal filiation’; — ‘Seminal’ means pertaining to the semen; — fitiliation means begetting of the child; and in the event of this, why should he not ‘observe’ — keep up — ‘the impurity for three days.’ The impurity due to child-birth is not of the same kind as that which attaches to the man who has emitted semen and has not taken a bath; in fact it lasts for three days. The period of ‘three days’ mentioned here is a reiteration of the same as occurring in the preceding verse. For this same reason the ‘upaspṛśya’ in the present verse is taken to mean bathing and not merely water-sipping; specially in view of the assertion that ‘s??na, ‘birthing,’ has been enjoined for the man who has had sexual intercourse.

Some people hold that when a son is born to a man, he becomes touchable on that same day. As says Śaṅkha — At the birth of a boy, before the placenta has been severed, there is nothing wrong in the man receiving, on that same day, the gift of sugar, sesamum, gold, cloth, clothes, cows and grain, — so say some: and again — ‘for this reason that day is sacred, enhancing as it does the pleasure of the forefathers: and because it reminds one of his ancestors, there is no impurity attaching to that day.’ In fact some people-even go to the length of performing śrāddhas on that day. From this it follows that in such cases there is no impurity attaching to the father at all.

In fact the two Smṛti- texts just quoted are to be taken as providing optional alternatives, in consideration of the man having, or not having, means of living (other than the receiving of gifts). — (62).

 

Explanatory notes by Ganganath Jha:

(Verse 63 of other commentators.)

According to the interpretation of Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda, the two halves of this verse are distinct, the first half laying down that the man who emits semen is purified by bathing, and the second half that he who begets a child is purified after three days. According to Medhātithi however, the first half supplies the reason for what is asserted in the second half. (See Translation).

This verse is quoted in Parāśaramādhava (Ācāra, p. 606), which explains ‘baijika-sambandha’ as ‘janyajanakabhāva,’ ‘the parental relationship.’

The Hāralatā, which has both lines of (62) explains the meaning as — ‘The untouchability due to death pertains to all sapiṇḍas, and that due to birth pertains to the parents of the child only, but the full period (ten days) of ‘impurity’ attaches to the mother only, that attaching to the father disappears immediately on bathing.

 

 

VERSE 5.63

Section IX - Other forms of Impurity

 

अह्ना चैकेन रात्र्या च त्रिरात्रैरेव च त्रिभिः ।
शवस्पृशो विशुध्यन्ति त्र्यहादुदकदायिनः ॥६४॥

ahnā caikena rātryā ca trirātraireva ca tribhiḥ |
śavaspṛśo viśudhyanti tryahādudakadāyinaḥ ||64||

 

Those who touch this corpse become pure after one day and one day along with three three-day periods; those who offer water, after three days. — (63).

 

Medhātithi’s commentary (manubhāṣya):

‘Three three-day periods’ — i.e., nine days; — along with one day and one night, — make up ten days. The period has been mentioned in this fashion in view of metrical exigencies.

‘Those who touch the corpse’ — i.e., those who wash and adorn the dead body. Mere bathing is going to be laid down later on, for the other persons touching the body, as also for those who carry it; as will be made dear from the next verse.

All this refers to the Samānodaka relations as also to those who carry the body for wages received. In regard to the carrying of the dead of helpless and forlorn persons, we have another Smṛti — text, which says — ‘For such persons who do the excellent deed (of carrying the dead body of a helpless man), there is nothing wrong, nor is there any impurity involved, for them it has been ordained that they are immediately purified by bathing in water.’ As regards the assertion of the text under 5.100 — ‘He who carries the dead body of a Brāhmaṇa, who is not his Sapiṇḍa-relation, becomes purified in three days’ — what this means we shall explain under that verse.

‘Those who offer water’ — i.e., the ‘Samānodaka’ relations. In connection with these, ‘immediate purification’ also is going to be laid down under verse 77. Hence the two should be regarded as optional alternatives.

What is said here is in connection with ‘sapiṇḍa’ relations and refers to persons not engaged in Vedic study. — (63)

 

Explanatory notes by Ganganath Jha:

(Verse 64 of other commentators.)

“According to Govindarāja and Nārāyaṇa, the rule refers to such Brāhmaṇas who for money carry a dead body to the cemetery according to Kullūka and Rāghavānanda, to Sapiṇḍas who in any way touch a corpse out of affection; — Medhātithi thinks that it applies to all who touch or cany out a dead body, be it for love or for money. Rāghavānanda thinks that the text mentions three alternative periods of impurity, one day, three days and ten days.” — Buhler.

This verse is quoted in Aparārka, (p. 883), which explains it as laying down the period of impurity of ten days for those who touch a dead body; it explains ‘ahnā chaikena rātryā’ as meaning ‘one day and night,’ and ‘tribhiḥ trirātraiḥ’ as ‘nine days’; — thus ten days is the period of impurity (for the Brāhmaṇa) touching the dead body of the Brāhmaṇa; for the Brāhmaṇa carrying for money the dead body of other castes, the period extends to that which has been prescribed for that caste — says the Viṣṇupurāṇa; — Aparārka quotes the verse again on p. 893 to the effect that the period of impurity, for Samānodakas is only three days.

It is quoted in Nirṇayasindhu (p. 382), which also explains it as laying down a period of ten days.

 

Comparative notes by various authors:

Gautama (14.23.10, 27). — ‘On touching a corpse from an interested motive, the impurity lasts for ten days. The duration of the impurity of a Vaiśya and of a Śūdra (in the same case), twelve days, or half a month, or a whole month, or as many days as there are seasons in the year: The same rule applies to the higher castes. Or the impurity-lasts three days.’

Yājñavalkya (3.11). — ‘For those who have touched a corpse as a duty, and who desire immediate purification, such purification is accomplished by Bathing and Breath-control.’

Parāśara (Mitākṣara, 3, 14). — ‘Those twice-born persons who carry the dead body of a Brāhmaṇa become purified immediately by bathing.’

Viṣṇupurāṇa (Aparārka, p. 883). — ‘If a man, on payment, burns the dead body of a person of a different caste from himself, the period of his impurity will be the same as that prescribed for the caste of the dead.’

Parāśara (Aparārka, p. 883). — ‘The Brāhmaṇa is not defiled by touching or cremating a dead body: if he carries it and applies fire to it, he becomes purified immediately by bathing.’

Hārīta (Do.). — ‘Those who have touched the corpse shall not enter the village till the stars become visible; and at night, till the appearance of the sun.’

 

 

VERSE 5.64

Section IX - Other forms of Impurity

 

गुरोः प्रेतस्य शिष्यस्तु पितृमेधं समाचरन् ।
प्रेतहारैः समं तत्र दशरात्रेण शुध्यति ॥६४॥

guroḥ pretasya śiṣyastu pitṛmedhaṃ samācaran |
pretahāraiḥ samaṃ tatra daśarātreṇa śudhyati ||64||

 

The pupil performing the ‘Pitṛmedha’ for his dead Teacher becomes purified in ten days; just as those who carry the dead body. — (64)

 

Medhātithi’s commentary (manubhāṣya):

‘Pitṛmedha’ — i.e., the final sacrificial offering; others hold that the term stands for the entire procedure (of the Śrāddha); — performing this, the pupil becomes purified in ten days. This same rule applies to the Student also.

‘Just as those who carry the dead body’; — for those who take out the dead body, the period is ten days; and so it is for the pupil also. — (64).

 

Explanatory notes by Ganganath Jha:

(Verse 65 of other commentators.)

‘Pitṛmedha’ — The Antyeṣṭi (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘the entire Śrāddha ceremony’ (‘others’ noted by Medhātithi).

This verse is quoted in Aparārka (p. 912), which says that the ‘guru’ meant here is Ācārya, and that ‘Pitṛmedha’ is Antyeṣṭi; — in Mitākṣarā (on 3.24), to the effect that if the pupil performs Antyeṣṭi of his guru, then he is to be impure for ten days; — in Nirṇayasindhu (p. 381) as reiterating the ‘ten-day’ period for all carriers of the dead body, the ‘pupil’ being mentioned only by way of illustration.

 

Comparative notes by various authors:

Viṣṇu (22.85). — (Same as Manu.)

Āśvalāyana Gṛhyasūtra (4.4.19). — ‘Ten days after the death of a Guru who is nut a Sapiṇḍa.’

Yājñavalkya (3.24). — ‘In the case of the Guru, the disciple, the Expounder of the Veda, the maternal uncle and the Vedic Scholar, — there is purification in a single day.’

Bṛhaspati (Aparārka, p. 913). — ‘For three days one remains impure, on the death of the maternal grandfather, the Ācārya and the Vedic Scholar.’

Uśanas (Aparārka, p. 913). — ‘On the death of the maternal uncle, the Father-in-law, the friend, the Guru and the Guru’s wife, and the maternal grandmother, one is impure for a night along with the clay preceding and following it.’

 

 

VERSE 5.65

Section IX - Other forms of Impurity

 

रात्रिभिर्मासतुल्याभिर्गर्भस्रावे विशुध्यति ।
रजस्युपरते साध्वी स्नानेन स्त्री रजस्वला ॥६५॥

rātribhirmāsatulyābhirgarbhasrāve viśudhyati |
rajasyuparate sādhvī snānena strī rajasvalā ||65||

 

In the case of miscarriage, the woman becomes pure in so mamy days as there have been months; and the woman in her courses becomes fit by bathing after the ceasing of the menstrual flow. — (65)

 

Medhātithi’s commentary (manubhāṣya):

In the case of miscarriage, the purification, that comes after as many days as the months of pregnancy, can pertain only to the woman: us it is the woman that is directly spoken of in the verse. The rule for the purification, in this case, of her Sapiṇḍa-relation has to be sought from other Smṛtis and from usage. Vaśiṣṭha (4. 34) however has laid down the period of three days for all Sapiṇḍas — ‘In the case of the death of a child less than two years old, and also in the case of miscarriage, the impurity lasts for three days.’

It is regarded as a case of ‘miscarriage,’ when it happens after three months and before the tenth month; others hold that it is to be so regarded when it happens before the ninth month. What is called ‘srāva’ (lit. flowing out) here is discharge before the right time, and not necessarily the flowing out of a liquid substance.

In connection with miscarriage, Gautama also has declared that ‘the period lasts for as many days as there have been months’ (14-15).

As a matter of fact, children born in the seventh month live; hence if miscarriage takes place in the seventh month, the period of impurity is full (ten days). But this is so only if the child is born alive; otherwise it is to be as many days as there have been months.

For the woman in her courses it has been ordained that she is purified by bathing after the flow has ceased; while another Smṛti text says that she becomes pure in three days. On this point the final conclusion is as follows: ‘Before three days, even though the flow may cease, she is not pure; while after three days she becomes pure even though the flow may not have ceased.’ In the text however, though the term used first is ‘becomes pure’, we find word ‘fit’ (sādhvī) used in connection with the menstruating woman; and this means that so long as the flow has not ceased, she is not fit for participating in the Vedic rites; and it does not mean that she is untouchable; as it has been declared that ‘the first four days have been condemned.’ The construction thus is — ‘The woman in her courses, on the ceasing of the flow, by bathing, becomes fit’ — i.e., fit for participating in religious rites.

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

 

Explanatory notes by Ganganath Jha:

(Verse 66 of other commentators.)

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

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

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

 

Comparative notes by various authors:

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

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

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

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

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

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

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

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

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

 

 

VERSE 5.66

Section IX - Other forms of Impurity

 

नृणामकृतचूडानां विशुद्धिर्नैशिकी स्मृता ।
निर्वृत्तचूडकानां तु त्रिरात्रात्शुद्धिरिष्यते ॥६६॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

This latter view is what is in keeping with usage.

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

 

Explanatory notes by Ganganath Jha:

(Verse 67 of other commentators.)

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

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

 

Comparative notes by various authors:

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

VERSE 5.67

Section IX - Other forms of Impurity

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

 

Explanatory notes by Ganganath Jha:

(Verse 68 of other commentators.)

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

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

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

 

Comparative notes by various authors:

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

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

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

 

 

VERSE 5.68

Section IX - Other forms of Impurity

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

 

Explanatory notes by Ganganath Jha:

(Verse 69 of other commentators).

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

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

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

 

Comparative notes by various authors:

(verses 68-69)

Bodhāyana (1.11.4). — (See above.)

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

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

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

Yājñavalkya (31.1). — (See above.)

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

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

 

 

VERSE 5.69

Section IX - Other forms of Impurity

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

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

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

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

 

Explanatory notes by Ganganath Jha:

(Verse 70 of other commentators).

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

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

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

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

 

Comparative notes by various authors:

(verses 68-69)

See Comparative notes for Verse 5.68.

 

 

VERSE 5.70

Section IX - Other forms of Impurity

 

सब्रह्मचारिण्येकाहमतीते क्षपणं स्मृतम् ।
जन्मन्येकौदकानां तु त्रिरात्रात्शुद्धिरिष्यते ॥७०॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

 

Explanatory notes by Ganganath Jha:

(Verse 71 of other commentators.)

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

 

Comparative notes by various authors:

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

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

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

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

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

 

 

VERSE 5.71

Section IX - Other forms of Impurity

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

Our answer to this is as follows: — What is the use of the expression ‘bālāsu ca’, when it has been already asserted that‘upto the appearance of teeth, the purity is immediate’? It is not right to have this assertion set aside by the present later declaration: because the present declaration is a general one, while the former is more specialised. Hence the ‘one day’ rule, even though laid down, can only be taken as referring to children till the performance of their Tonsure; specially as a general statement is always dependent upon (and controlled by) particular ones. For these reasons the suggested reading of the second half of the verse must be rejected as not. emanating from the sage. But it may be taken as refering to touchability. There is un-touchability due to the birth or death of a child, exactly as in the case of grown up men; and it is only with reference to this that there could be the assertion that — ‘there is purity (i.e., touch-ability) after one day in the case of unmarried girls and young children, (i.e., these become touchable in one day)’; and it is in this sense that the Locative ending (in ‘bālāsu’ and ‘kanyāsu’) be comes justified as being the correct one: since it is a regular case-ending. If the words were taken in any other sense (e.g., as meaning‘at the death of girls and hoys, &c.’), it would be necessary to have elliptical construction and to take the Locative ending in the‘absolute’ sense: — ‘girls and hoys having died, the purity of those living comes about after one day’; and we could not get at the sense that the impurity spoken of results from the touching of the dead; specially as the former (the seme obtained by construing the line as Locative Absolute) has its sphere of application elsewhere, in the ease of burial under-ground; and no touching is possible in the case of the body being placed under the ground.

“Since the assertion is a general one, wherefore is it restricted to a particular case.’”?.

As a matter of fact, we find a rule regarding the sipping of water in the same connection; and in connection with this, it is only the said kind of hatch that is possible. It is for this reason that people do not consider it desirable to touch the child that has touched a menstruating woman; and this may be regarded as the qualifying factor in the present case; is has been declared by Gautama in his Smṛti; it is only right for such a person to set up the fire; hence it is only right that it should be taken as pointing to the time of setting up the fire. — (71).

 

Explanatory notes by Ganganath Jha:

(Verse 72 of other commentators.)

‘Yathoktena kalpena’ — ‘According to the rule declared in verse 67’ (Medhātithi, Govindarāja and Nandana); — ‘just like the husband’s relatives, i.e., after three days’ (Kullūka, Nārāyaṇa and Rāghavānanda).

This verse is quoted in Aparārka (p. 907), which supplies the following explanation: — In the case of ‘asaṃskṛta’ — i.e., unmarried — women, the ‘bāndhavas’ — i.e., their relations on the husband’s side — become pure in three days; but their sanābhayaḥ — i.e., relations on the father’s side — become pure according to the aforesaid rule. It is because the relations on the father’s side are separately mentioned by means of the word ‘sanābhayaḥ’ that the generic term ‘bāndhavāḥ’ is taken in the special sense of ‘relations on the husband’s side’. But there can be no such relations in the case of unmarried women; hence the women meant here must be those that have been verbally betrothed, but not yet formally married. — ‘Sanābhayaḥ,’ the relations on the father’s side, are purified according to the rule that has been laid down in connection with the death of a boy before Upanayana, — i.e., the impurity ceases after three days. The analogy between the two cases is based upon the principle that for women ‘marriage’ takes the place of the Upanayana; so that the unmarried girl stands on the same footing as the uninitiated boy.

The verse is quoted in Mitākṣarā (on 3.24), to the effect that in the case of girls who have been betrothed, but not married, the relations on the father’s side are purified in three days. Here also ‘bāndhava’ and ‘sanābhi’ are explained as in Aparārka; and it is added that the ‘ten-days’ rule could not be rightly applied before marriage.’

It is quoted in Parāśaramādhava (Ācāra, p. 608), in the same sense, and ‘bāndhavāḥ’ is explained as patisapiṇḍāḥ, and ‘sanābhayaḥ’ as ‘pitṛsapiṇḍāḥ’, — and yathoktena kalpena as the ‘three days’ rule’.

It is also quoted in Smṛtitattva (II, p. 264) in the sense that in the case of girls that have been betrothed, but whose marriage-rites have not been. performed, the sapiṇḍas of her husband are purified in three days, while the sapiṇḍas of her father are purified by the said rule, i.e., by the rule declared in the first half of the verse. It adds that ‘betrothal’ must be a necessary condition, as before that the unmarried girl win have no relations ‘on the husband’s side’; and that her father’s sapiṇḍas to only three degrees are meant, because of the express declaration of Vaśiṣṭha that ‘for unmarried girls the sapiṇḍa-relationship extends to only three degrees.’

This is quoted in Hāralatā (p. 49), whieh adds the following notes: — ‘Asaṃskṛtānām,’ unmarried, — ‘bāndhavāḥ’ relations on the husband’s side — ‘yathoktena,’ as described in the first line of the verse, i.e., they are purified in three days; — the first half refers to the girl dying after betrothal, as before betrothal, the girl can have no ‘relations on the husband’s side’; her ‘sanābhayaḥ,’ i.e., relations on her father’s side, also become pure in three days.

 

Comparative notes by various authors:

Baudhāyana (1.11.8). — (Same as Manu.)

Āśvalāyana Gṛhyasūtra (4.4.23). — ‘Three days after the death of married female relations.’

Yājñavalkya (3.23). — ‘On the death of girls not given away, purification is attained in one day.’

Vṛddha-Manu (Aparārka, p. 908). — ‘On the death of girls not given away, purification is attained in one day; on that of those given away, in three days.’

Marīci (Do.). — ‘In the case of the death of girls, — prior to tonsure, the purification is immediate; before betrothal, it is obtained in one day; after betrothal, before marriage, in three days.’

Pulastya (Aparārka, p. 908). — ‘In the case of girls not grown up, one becomes pure in one day; in that of one betrothed, in one night along with the preceding and following days; and in that of one altogether given away, in three days.’

Brahmapurāṇa (Do.). — ‘If a girl who has been given away dies in her father’s house, her relations become purified in one day, but her father in three days; if a girl dies after birth and before her tonsure, the purification is immediate for all castes; if she dies after tonsure and before betrothal, it is attained in one day; after betrothal, in three days.’

Marīci (Parāśaramādhava, p. 608). — ‘The girl that has been offered without, water, and not actually given away, is to he regarded as unmarried; and in the event of her death, the impurity lasts for three days for her relations on both sides. In the case of girls, betrothed or not betrothed, married or not married, the impurity for parents lasts three days, and for others according to rule.’

 

 

VERSE 5.72

Section IX - Other forms of Impurity

 

अक्षारलवणान्नाः स्युर्निमज्जेयुश्च ते त्र्यहम् ।
मांसाशनं च नाश्नीयुः शयीरंश्च पृथक् क्षितौ ॥७२॥

akṣāralavaṇānnāḥ syurnimajjeyuśca te tryaham |
māṃsāśanaṃ ca nāśnīyuḥ śayīraṃśca pṛthak kṣitau ||72||

 

For three days they should eat food free from salines and salts, should bathe, should not eat meat-food and should sleep apart on the ground. — (72).

 

Medhātithi’s commentary (manubhāṣya):

‘Salines and salts.’ — The term‘salines’ stands for nitrate of potash and such substances, and‘salts’ for rock-salt and other salts. These they should not eat.

Or, the term ‘saline’, ‘kṣāra’, may be taken as qualifying, ‘lavaṇa’, ‘salt.’ In that case the prohibition (applying to only saline salts) would not apply to rock-salt.

The ‘bathing’ laid down is to be done in a river or a tank or such other reservoirs of water as are not regarded as specially ‘sacred’; and it is to be done without scrubbing the body.

‘Meat-food’ — is prohibited during the period of impurity, on the basis of other Smṛti texts; where we read — ‘They shall not have recourse to women, they shall not scrub their body and they shall not eat meat.’ The Gṛhyasūtra however says — ‘For three days they shall remain without food, or still live upon food obtained by purchase.’

‘Should sleep’ — upon the bare platform, without company.

Another Smṛti-text has prescribed abstention from sexual intercourse during impurity due to births also. — (72).

 

Explanatory notes by Ganganath Jha:

(Verse 73 of other commentators.)

This verse is quoted in Aparārka (p. 885); — in Mitākṣarā (on 3.16); — in Madanapārijāta (p. 415); — in Smṛtisāroddhāra (p. 224) as laying down restrictions for the sapiṇḍas of the dead; — in Śuddhikaumudī (p. 142), which has the following notes: — ‘Tryaham,’ on the third, seventh and ninth days they should all bathe together, for the benefit of the dead; all the sapiṇḍas should not eat meat during the period of impurity, — ‘Kṣitau’, this forbids sleeping on beds; — and in Hāralatā (p. 157), whieh explains ‘Kṣāralavaṇa’ as ‘all salts with the exception of saindhava and sāmbhari,’ — ‘they should all bathe together on the third, seventh and ninth days.’

 

Comparative notes by various authors:

Gautama (14.37-39). — ‘During the period of impurity, they shall sleep and sit on the ground and remain chaste; they shall not clean themselves; nor shall they eat moat until the offerings have been made’

Baudhāyana (1.11.21). — When a death has occurred, they shall............ sit during four days on mats, eating food that does not contain condiments or salt.’

Āpastamba (2.15.7-9). — ‘Diśevelling their hair and covering themselves with dust,...stopping into the river, they throw up water for the dead once and then, ascending the bank, sit down; this they repeat thrice. They pour out water......... return to the village without looking back, and perform those rites for the dead which women declare to he necessary.’

Yājñavalkya (3.16). — ‘Eating food got by purchase or got without asking, they shall sleep separately on the ground; and shall offer to the dead food, according to the Piṇḍayajña rites, for three days.’

Āśvalāyana Gṛhyasūtra (4.4.14). — ‘Let them not cook food during that night; let them subsist on bought or readymade food; let them eat no saline food for three days,’

Vaśiṣṭha (4.11-15). — ‘After having burnt the body, the relations enter the water without looking back. Facing the south, they shall pour out water with both hands on those days that are marked by odd numbers. After they have gone home they shall sit during the other days, on mats, fasting. If they are unable to do this, they shall subsist on food bought in the market or given unasked.’

Paiṭhīnasi (Aparārka, p. 885). — ‘For one day there should he fasting, or they should eat what is obtained unasked.’

Mārkaṇḍeya (Do.). — ‘They shall eat what is bought or obtained unasked, and remain calm; they shall eat no meat; nor have recourse to women.’

Brahmapurāṇa (Do.). — ‘Having bathed, they offer water to the dead for three days.’

 

 

VERSE 5.73

Section IX - Other forms of Impurity

 

संनिधावेष वै कल्पः शावाशौचस्य कीर्तितः ।
असंनिधावयं ज्ञेयो विधिः सम्बन्धिबान्धवैः ॥७३॥

saṃnidhāveṣa vai kalpaḥ śāvāśaucasya kīrtitaḥ |
asaṃnidhāvayaṃ jñeyo vidhiḥ sambandhibāndhavaiḥ ||73||

 

This rule regarding Impurity due to death has been described in reference to cases where the parties are near one another. In reference to cases where they are not near, Kinsmen and relations should observe the following rule. — (73).

 

Medhātithi’s commentary (manubhāṣya):

‘Near’ — i.e., when the relations are close by the place where their kinsman has died.

Others have explained the text to mean that the rule applies to those who were near the man at the time of his death.

‘Kinsmen’ — i e., Samānodakas: — ‘bāndhara’ — Sapiṇḍas.

Others have explained this ‘non-nearness’ to stand for men who may be living in another village or town.

In the case of these, we have the following rules (73).

 

Comparative notes by various authors:

(verses 5.73-74)

Viṣṇu (23.39-41). — ‘Living in a foreign land, if one hears of a birth or a death, his impurity lasts dining those days that may remain of the prescribed period of impurity; if he hears of it just after the lapse of the prescribed period of impurity, and before the lapse of one year, he becomes pure in one night; — after that by bathing.’

Yājñavalkya (3.21). — ‘In the ease of one dying in a foreign land, the impurity lasts during the remaining days of the period; if no days remain, then during three days; if one year has elapsed, one becomes pure by offering water to the dead.’

Pāraskara Gṛhyasūtra (3, 10.44-45). — ‘If one dies while absent on a journey, his relations shall sit on the ground from the time that they have heard of the death, offering water until the period of impurity has elapsed. If that period has already elapsed, then through one night, or three nights.’

Vaśiṣṭha (4.35). — ‘If a person dies in a foreign country, and his Sapiṇḍas hear of his death after ten days, the impurity lasts for one day and night.’

Devala (Aparārka, p. 904). — ‘If the death of a relative in foreign lands is heard of within three fortnights, the impurity lasts three days; up to six months, for one night and the days preceding and following it; up to a year, for one day; after that one becomes pure by bathing.’

Viṣṇu (Do.). — ‘If it is heard of before the lapse of three fortnights, the impurity lasts three days; before six months, for a day and night; before one year, one day, — in the case of a man dying in foreign lands.’

Paiṭhīnasi (Do.). — ‘The son, even though he be living in distant lands, on hearing of the death of his parents, shall remain impure for ten days beginning from the day on which he hears of it.’

Gautama (14.44). — ‘If infants living in a distant country, or a renunciate, or a n on- Sapiṇḍa die, the purification is instantaneous.’

Vaśiṣṭha (4.36). — ‘Gautama declares that if a person who has kindled the sacred fires dies on a journey, his Sapiṇḍas shall again celebrate his obsequies and remain impure for ten days.’

Parāśara (3.10). — ‘If one hears of the death of a Sagotra in a foreign land, he is not impure either for one day or for three days; he becomes purified immediately by bathing.’

 

 

VERSE 5.74

Section IX - Other forms of Impurity

 

विगतं तु विदेशस्थं शृणुयाद् यो ह्यनिर्दशम् ।
यत्शेषं दशरात्रस्य तावदेवाशुचिर्भवेत् ॥७४॥

vigataṃ tu videśasthaṃ śṛṇuyād yo hyanirdaśam |
yatśeṣaṃ daśarātrasya tāvadevāśucirbhavet ||74||

 

He who hears, within ten days, of a relation resident in a foreign land having died, shall, remain impure for the remainder of the period of ten days. — (74).

 

Medhātithi’s commentary (manubhāṣya):

‘Foreign country,’ — means another village, &c., as before.

‘Vigatam’ — dead.

‘Within ten days’. — This is only by way of illustration: what is meant is the period of impurity that has been prescribed in each case; — the remainder of that period would be the period to be observed in the special case mentioned. The repeated mention of ‘ten days’ is for the purpose of filling up the metre.

The period of impurity due to birth and death is determined by their origin; so that the periods of ‘ten days’ and the rest are to be counted from the day on which the birth or the death may have taken place, and not from the day on which it may become known to the relations. As a result of this, if the guest happen to know of the birth, &c., having occurred in the house, he should not take his food in that house, even though the master of that house himself may still be ignorant of it. Thus in both cases (of death and birth) the counting is to be done from the day of origination.

Thus those who are subject to impurity for ‘ten days’ shall remain impure for the remainder of that period; and for those who are subject to a period of ‘three days’, purification is obtained immediately, by bathing along with all the clothing that may be on them. — (74).

 

Explanatory notes by Ganganath Jha:

(Verse 75 of others.)

This verse is quoted in Nirṇayasindhu (p. 385), in support of the view that if one cause of impurity should happen during the period of impurity due to another cause, then the former should be regarded as over by the end of the latter.

Videśa or Deśāntara is thus defined by ‘Vṛddha-Manu’ quoted in Aparārka (p. 905): — ‘That which is interposed by a great river (a river falling directly into the sea) or by a mountain, or where the language is different.’

It is quoted in Kṛtyasārasamuccaya (p. 70); — in Smṛtisāroddhāra (p. 232), which explains ‘vigatam’ as ‘dead’ and adds that this rule applies to cases of birth also, and that ‘ten days’ stands for the full period of impurity under normal conditions; — in Śuddhikaumudī (p. 36); — and in Hāralatā (p. 32) which has the following notes: — ‘videśastham’ in another country, i.e., from where the news of death cannot come quickly, — ‘anirdaśam,’ before the end of ten days.

In regard to ‘videśa’, Kṛtyasārasamuccaya (p. 71) quotes Rudradhara as saying that even though there be no intervening mountains or rivers, if the distance between two countries is more than 60 yojanas — e.g., Tirhut and Prayāga, — they are ‘videśa’ to each other, but not so between Tirhut and Kaśi, the distance between which is only 30 yojanas.

 

Comparative notes by various authors:

(verses 5.73-74)

See Comparative notes for Verse 5.73.

 

 

VERSE 5.75

Section IX - Other forms of Impurity

 

अतिक्रान्ते दशाहे च त्रिरात्रमशुचिर्भवेत् ।
संवत्सरे व्यतीते तु स्पृष्ट्वैवापो विशुध्यति ॥७५॥

atikrānte daśāhe ca trirātramaśucirbhavet |
saṃvatsare vyatīte tu spṛṣṭvaivāpo viśudhyati ||75||

 

If the period of ten days has elapsed, he shall remain impure for three days; but when a year has elapsed, he becomes pure by merely touching water. — (75).

 

Medhātithi’s commentary (manubhāṣya):

In cases where the period of impurity ordained lasts for ten days or more, — if this period has elapsed, the impurity shall last for three days. But in cases where the period ordained lasts for three days, or one day, or less, — if this period has elapsed, one has simply to bathe along with his clothes: as is going to be laid down later — (Verse 77.)

‘When a year has elapsed’ — one becomes pure ‘by touching water’, — i.e., by bathing. From what has been said elsewhere regarding ‘touching water with the hands and feet &c.’, it is clear that the whole body is to touch water: and this is what constitutes ‘bathing’. — (75).

 

Explanatory notes by Ganganath Jha:

(Verse 76 of others.)

This verse is quoted in Mitākṣarā (on 3.21) in support of the view that in the case of one hearing of the death of a relative in other countries, after one year of the death, he becomes purified by bathing and making the water-offering; — in Madanapārijāta (p. 428), where ‘āpaḥ

spṛṣtvā’ is explained as ‘bathing’; and it adds that this refers to cases of the death of relatives other than the Father or the Mother; — in Nirṇaysindhu (p. 385); — in Hāralatā (p. 32), which explains the meaning to be that ‘after the lapse of ten days and upto one year, the Sapiṇḍas are impure for three days, and after one year, the Sapiṇḍas become pure by mere bathing, but not so the parents of the dead’; — in Kṛtyasārasamuccaya (p. 70); — in Nityācārapradīpa (p. 126); — and in Śuddhikaumudī (p. 34 and 73), which adds that ‘daśāha’ stands for the full period of impurity.

 

 

VERSE 5.76

Section IX - Other forms of Impurity

 

निर्दशं ज्ञातिमरणं श्रुत्वा पुत्रस्य जन्म च ।
सवासा जलमाप्लुत्य शुद्धो भवति मानवः ॥७६॥

nirdaśaṃ jñātimaraṇaṃ śrutvā putrasya janma ca |
savāsā jalamāplutya śuddho bhavati mānavaḥ ||76||

 

Hearing of the death of a kinsman, or of the birth of a son, after the ten days have elapsed, the man becomes pure by plunging into water with his clothes — (76).

 

Medhātithi’s commentary (manubhāṣya):

This rule refers to Samānodaka relations; and also to Sapiṇḍa ones, but only when the option of three or one day is accepted.

‘With clothes’ — along with his garments.

‘Plunging into water’ — bathing. — (76).

 

Explanatory notes by Ganganath Jha:

(Verse 77 of others.)

This verse is quoted in Aparārka (p. 904), which explains ‘nirdaśam’ as ‘from which ten days have elapsed;’ — in Mitākṣarā (on 3.21); — in Nirṇayasindhu (p. 385), in support of the view that for the Father, there is impurity even on hearing of the birth of a son after ten days have elapsed, though there is none for other relations; — in Vīramitrodaya (Saṃskāra, p. 188); — in Madanapārijāta (p. 427) to the same effect as Nirṇayasindhu; — in Parāśramādhāva (Ācāra, p. 600), to the same effect; — in Smṛtitattva (II, p. 275) to the same effect; — in Smṛtisāroddhāra (p. 232), which adds that the mention of ‘putra,’ son, makes it clear that the purification applies to the Father only; — in Śuddhikaumudī (p. 34) which says that ‘nirdaśam jñātimaraṇam’ stands for ‘the lapsing of the period of impurity’; — and in Hāralatā (p. 32), which adds this explanation: — ‘If one hears of the death of a Sapiṇḍa after the lapse of ten days, he becomes purified by bathing with clothes on,’ and ‘on hearing of the birth of his son, after ten days, one becomes pure by mere bathing it adds that the ‘purification meant here is only the cessation of untouchability’.

 

Comparative notes by various authors:

Yājñavalkya (3.21). — (See under 73-75.)

Śaṅkha (Parāśaramādhava, p. 598). — ‘On the expiry of ten days, one remains impure for three days.’

Devala (Do., p. 599). — ‘After the lapse of the days of impurity, there is to he no impurity, due to birth.’

 

 

VERSE 5.77

Section IX - Other forms of Impurity

 

बाले देशान्तरस्थे च पृथक्पिण्डे च संस्थिते ।
सवासा जलमाप्लुत्य सद्य एव विशुध्यति ॥७७॥

bāle deśāntarasthe ca pṛthakpiṇḍe ca saṃsthite |
savāsā jalamāplutya sadya eva viśudhyati ||77||

 

In the event of a child, resident in a foreign country, who is a non-sapiṇḍa relation, dying, — one becomes pure immediately, by plunging into water wth his clothes on. — (77).

 

Medhātithi’s commentary (manubhāṣya):

‘Child’ — i.e., a son that has not yet teethed; — ‘resident in a foreign country’ — who is a non-sapiṇḍa relation’ — ‘dying’, — all these terms are in apposition.

‘Non-Sapiṇḍa’ — i.e., Samānodaka.

When such a person dies while residing in a foreign country, the purification is ‘immediate.’

When such a person dies near at hand, then the purification comes sifter ‘three days’ — as declared in verse 63 above — (77).

 

Explanatory notes by Ganganath Jha:

 

 

VERSE LXXVII

(Verse 78 of others.)

This verse is quoted in Aparārka (p. 905), which notes that ‘deśāntarastha,’ ‘in a distant country,’ qualifies both the ‘bāla’ and the ‘asapiṇḍa’; — again on p. 909, where the ‘pṛthakpiṇḍa’ is explained as the ‘non-sapiṇḍa and the ‘bāla’ as ‘one whose naming has not been done’; — in Hāralatā (p. 33), which explains ‘deśāntarastha’ etc., to mean that ‘on hearing of the death of a Sapiṇḍa after the lapse of ten days, those for whom the normal period of impurity is one day only, becomes purified immediately, by bathing only; — and in Dānakriyākaumudī (p. 25).

The verse is quoted also in Smṛtitattva (II, p. 274).

 

Comparative notes by various authors:

Gautama (14.20). — ‘When a relative who is not a Sapiṇḍa or a relative by marriage, or a fellow-student, has died, the impurity lasts for one night along with the preceding and following days.’

Gautama (14.14). — ‘If infants, relations living in a distant country, those who have renounced domestic life, and those who are not Sapiṇḍas, die, the purification is immediate.’

 

 

VERSE 5.78

Section IX - Other forms of Impurity

 

अन्तर्दशाहे स्यातां चेत् पुनर्मरणजन्मनी ।
तावत् स्यादशुचिर्विप्रो यावत् तत् स्यादनिर्दशम् ॥७८॥

antardaśāhe syātāṃ cet punarmaraṇajanmanī |
tāvat syādaśucirvipro yāvat tat syādanirdaśam ||78||

 

If, within ten days, another birth or death happen to befall, the Brāhmaṇa shall remain impure until that period of ten days shall have elapsed. — (78).

 

Medhātithi’s commentary (manubhāṣya):

Here also the mention of ‘ten days’ is meant to stand for the period of impurity ordained in each individual case. The meaning thus is that — ‘before the expiry of the period of impurity ordained for a particular ease, if another cause of impurity should come about, then purification comes with the lapse of the remainder of that period; and the second period of impurity is not to be counted from the day on which the cause shall have arisen.’ Says Gautama (14.5) — ‘If an impurity should occur again during the interval, the purification comes with the remainder of the former.’

‘Birth and Death’ being mentioned in a compound, — and it being not easy to find out in which order of sequence these are to be taken, — and intervention being possible by unlike causes of impurity also, — it is to be understood, on the authority of usage, that what is meant is intervention by a like cause of impurity (i.e. of impurity due to death by another due to death and so forth). It is in this sense that the use of the term ‘another’ becomes more justifiably significant.

The term ‘Brāhmaṇa’ also is meant to stand for persons observing the impurity.

In another Smṛti-text it has been laid down that — ‘if it happens at the close of the night, then it is in two days; and if it happens at dawn, then three days’; and having begun with the statement — ‘when the Brāhmaṇa dies, the impurity lasts for ten days’, — it goes on to say — ‘if no one dies or is born in the interval, he becomes pure after the remaining days.’ And this takes no account of any distinction between like and unlike sources of impurity. — (78).

 

Explanatory notes by Ganganath Jha:

(Verse 79 of others.)

This verse is quoted in Nirṇayasindhu (p. 386), which notes that the period of ‘ten days’ here mentioned stands for all periods of impurity as laid down in the several cases, — and not for that of ‘ten days’ only; — and again on p. 388.

It is quoted in Parāśaramādhava (Ācāra, p. 622); — in Smṛtitattva (II, p. 237), in the sense that when there is a commingling of two causes of impurity, the later one lapses with the earlier; — again on p. 244 to the same effect — i. e., the period of impurity due to a later cause becomes contracted within the limits of that due to a previous cause; — and again on p. 247 to the same effect; — and in Hāralatā (p. 61), which says that the qualification ‘punaḥ’, ‘again’ applies to death only, and draws the following conclusion: — ‘If during the ten days of impurity duetto a death, another death or a birth should occur, then the impurity ceases after the end of the said ten days due to the former death;’ it goes on to say. that such is not. the case if death occur during the period of impurity due to a birth, as the impurity due to death is more serious than that due to birth, and hence cannot merge into the latter.

 

Comparative notes by various authors:

Gautama (14.6). — ‘If during a period of impurity, another death occurs, the relatives shall he pure after the lapse of the remainder of the former period.’

Baudhāyana (1.11.17-18). — ‘If a birth and a death occur together, one and the same period of ten days shall serve for both. If other births or deaths happen before the completion of the ten days of the first impurity, that first period will suffice; provided the new course of impurity occurs before the end of the ninth day.’

Vaśiṣṭha (4.23-25). — ‘If during a period of impurity, another death or birth occurs, the relatives shall be pure after the expiry of the remainder of that first period. But if one night only of the first period of impurity remain, they shall be pure after two days and nights. If the second death or birth occurs on the morning of the day on which the first period expires, they shall he pure after three days and nights.’

Viṣṇu (22.35-38). — ‘If during the period of impurity due to birth, another birth occurs, then purification comes after the expiry of the first period of impurity. If the second occurs when only one night remains of the first period, then purification comes after two days. If it occurs on the morning of the last day of the first period, then after three days. Similarly on the death of a relative during the period of impurity due to death.

Yājñavalkya (3.20). — ‘If another birth or death happen during a period of impurity, one becomes purified on the lapse of the remaining daws.’

Aṅgiras (Aparārka, p. 898). — If during a period of impurity due to birth, a death occurs, — or during a period of impurity due to death, a birth occurs, — then, the impurity is to he observed in accordance with the death, not with the birth.’

Ṣaṭtṛṃśan-mata (Do.). — ‘If during an impurity due to death, a birth occurs, then purification from the impurity duo to the birth comes after the lapse of the period of impurity due to death; the birth is not purificatory of the impurity due to death.’

Śaṅkha (Aparārka, p. 899). — ‘When two equal causes of impurity coalesce, the impurity should cease with the former; if they are not equal, then with the second; such is the declaration of Dharmarāja.’

Śaṅkha (Do., p. 900). — ‘If after the mother’s death the father dies, then purification comes after the lapse of the impurity due to the father’s death.’

Yama (Do.). — ‘If a cause happens lengthening the period of an impurity, the impurity should cease with what happens later. If during a three-day period of impurity, a ten-day impurity should occur, then purification comes with the end of this latter.’

Hārīta (Aparārka, p. 900). — ‘If an impurity due to death occurs during an impurity due to death, purification comes with the lapse of the previous impurity. A shorter impurity can remove another only when the latter is a short one.’

Prajāpati (Do.). — ‘If a son happen to be born during an impurity due to another birth, then the father’s purification is immediate; he being purified by the lapse of the previous impurity. When several impurities coalesce, purification comes on the lapse of that which is the more serious; when there is coalescence of impurity due to birth and another due to death, that due to death is the more serious.’

Brahmapurāṇa (Do.). — ‘There are two parts to every period of impurity; if a fresh cause of impurity happen within the first part of a previous impurity, then the purification comes on the lapse of the previous impurity; if however it happen after that, then it comes on the lapse of the second impurity. Similarly when during the impurity duo to one death, another death happens. If during the impurity due to death, a birth occurs, — or during the impurity due to birth, a death occurs, — then purification comes on the lapse of the impurity duo to death.’

Uśanas (Parāśaramādhava, p. 622). — ‘If during a shorter impurity, a longer one happens, the purification cannot come with the lapse of the former; it must take its own time.’

Devala (Do.). — ‘When circumstances prolonging the impurity occur, purification comes on the lapse of the succeeding one; but if the second impurity occurs before the fifth day of the first one, then purification comes on the lapse of the first one.’

Parāśara (3.28-29). — ‘If during the ten days of impurity, another birth or death should occur, the Brāhmaṇa shall remain impure till the expiry of those ten days.’

 

 

VERSE 5.79

Section IX - Other forms of Impurity

 

त्रिरात्रमाहुराशौचमाचार्ये संस्थिते सति ।
तस्य पुत्रे च पत्न्यां च दिवारात्रमिति स्थितिः ॥७९॥

trirātramāhurāśaucamācārye saṃsthite sati |
tasya putre ca patnyāṃ ca divārātramiti sthitiḥ ||79||

 

On the death of the Teacher, they declare the impurity to last for three days; on the death of his son or wife, it lasts for one day and night; such is the law. — (79).

 

Medhātithi’s commentary (manubhāṣya):

‘Teacher’, ‘Ācārya’, here stands for the Initiator: — on his death — the impurity of the pupil lasts for three days.

On the death of the Teacher’s son or wife, — it lasts for one day and night. — (79).

 

Explanatory notes by Ganganath Jha:

(Verse 80 of others.)

This verse is quoted in Aparārka (p. 187), and again on p. 912, where it is added that the rule herein laid down, is meant for the case where the pupil does not perform the antyeṣṭi for the Teacher; in a case where he does perform it, it involves an impurity extending over full ten days, as declared above, under verse 64.

It is quoted in Mitākṣarā (on 3.24), which also makes ṭhe same remark as Aparārka; — in Nirṇayasindhu (p. 380); — in Madanapārijāta (p. 431); — in Hāralatā (p. 76), which explains the second half as — ‘on the death of the Teacher’s son, from whom one has not read anything, the impurity lasts for one day and night, and so also on the death of the Teacher’s wife, other than the one for whom Gautama has prescribed an impurity of three days’; — in Śuddhimayūkha (p. 37); — and in Kṛtyasārasamuccaya (p. 63).

 

Comparative notes by various authors:

Gautama (14.28). — ‘If the Teacher, his son or wife, or a person for whom one sacrifices, or a pupil (has died, or been carried), the impurity lasts three days.’

Baudhāyana (1.11-28). — ‘For a Teacher, a Sub-teacher and their sons, three days and nights.’

Viṣṇu (22.42). — ‘On the death of the Teacher or the maternal grand-father, in three days.’

Viṣṇu (22.44). — ‘On the death of the Teacher’s wife, the Teacher’s son, the Sub-teacher, the maternal uncle, the father-in-law, the wife’s brother, fellow-student and pupil, — purification comes after one day and night.’

Yājñavalkya (3.21). — ‘On the death of the Teacher, the pupil, the Exponent of Veda, the maternal uncle and the Vedic scholar, purification comes after one day.’

Āśvalāyana Gṛhyasūtra (4.4.19, 21). — ‘Ten days after the death of a Guru who is no Sapiṇḍa three nights after the death of the Teachers.’

Śāṅkhāyana Gṛhyasūtra (4.7.9-10). — ‘When the Teacher has died, for ten days (the Veda shall not be read); — when he has heard of it, for three days.’

Pāraskara Gṛhyasūtra (2.11.7). — ‘If his Guru has died, let him go down into water and interrupt study for ten nights.’

Gobhila G ṛhyasūtra (3.3.26). — ‘Three days, if his Teacher has died.’

Bṛhaspati (Aparārka, p. 913). — ‘One shall remain impure for three nights, on the death of the maternal grand-father, the Teacher and the Vedic scholar.’

Uśanas (Aparārka, p. 913). — ‘On the death of the maternal uncle, the father-in-law, the friend, the guru, the guru’s wives, — the impurity lasts for one night along with the preceding and following days.’

 

 

VERSE 5.80

Section IX - Other forms of Impurity

 

श्रोत्रिये तूपसम्पन्ने त्रिरात्रमशुचिर्भवेत् ।
मातुले पक्षिणीं रात्रिं शिष्यर्त्विग्बान्धवेषु च ॥८०॥

śrotriye tūpasampanne trirātramaśucirbhavet |
mātule pakṣiṇīṃ rātriṃ śiṣyartvigbāndhaveṣu ca ||80||

 

In the case of a learned companion, one shall remain impure for three days; in the case of a maternal uncle, a pupil, an officiating priest and relation, for a night along with the two days (preceding and following it). — (80).

 

Medhātithi’s commentary (manubhāṣya):

‘Learned’ — Who has studied the Vedic text.

‘Companion’ — who, through friendship, has been living with one. Or ‘upasampanna’ may mean endowed with good character.

What has been said before (Verse 70) regarding the case of ‘fellow-students’ pertains to those who have not yet got up the entire Veda.

In lexicons the term ‘upasampanna’ appears as a synonym for ‘dead’; but in view of the long period of impurity laid down (which would not be compatible with the case of a stranger), the former explanation is the better of the two.

Others construe the text otherwise — explaining it to mean that ‘the impurity lasts for three clays in the case of the learned maternal uncle’ and ‘for a night along with the two days in the case of the pupil, etc.’

The term ‘relation’ stands for the wife’s brother, the son of the maternal aunt and so forth.

When we connect the ‘maternal uncle’ with‘the night along with the two days’, — then, since this period would be already applicable to the case of the maternal uncle by reason of his being a ‘relation’, the separate mention of him should he taken as making the rule compulsory in his case; and this would mean that in the case of other relations, it would be discretionary. — (80)

 

Explanatory notes by Ganganath Jha:

(Verse 81 of others.)

‘Upasampanne’ — (a) ‘who lives with one out of friendship or on business’ or (b) ‘endowed with good character’ (Medhātithi); — (c) ‘neighbour’ (Nārāyaṇa); — (d) ‘dead’ (suggested but rejected by Medhātithi).

This verse is quoted in Mitākṣarā (on 3.24), which adds the following notes: — ‘Upasampanna’ means either ‘related by friendship or neighbourliness’ or ‘possessed of good character’; — the ‘mātula’ includes the maternal cousin and other relations of that kind, and the ‘bāndhava’ stands for one’s own ‘bāndhava’ as also those of his father and mother; — in Nityācārapradīpa (p. 129), which explains ‘npasampanna’ as ‘living in one’s own house’, i.e., if a Vedic scholar living in one’s house happens to die etc.

 

It is quoted in Parāśaramādhava (Ācāra, p. 610), which explains ‘Śrotriya’ as standing for one who has learnt the same rescensional text as the person himself, — ‘Upasampanna’ as one who is endowed with friendliness or neighbourliness; — in Madanapārijāta (p. 431), as laying down the rule relating to the case of the highly qualified Śrotriya, or such near relations as the maternal uncle and the like; it explains ‘upasampanna’ as one endowed with friendliness or with good qualities; — and in Hāralatā (p. 76), which adds the explanation: — ‘on the death of a Vedic Scholar belonging to another family in one’s own house, — or on that of a Vedic Scholar who is a near neighbour (‘upasampanna’) etc.’ — and in the case of the mother’s uterine brother, if the death takes place in another place, the impurity lasts for two days and one night, — ‘Śiṣya’, one who, though initiated by some one else, has learnt, from one a portion of the Veda, or the subsidiary sciences — in this case also the impurity lasts for two days and one night, — ‘ṛtvik’ one who has officiated at one’s sacrifices, — ‘bāndhava’, blood relation.

 

Comparative notes by various authors:

Gautama (14.20, 22). — ‘The impurity lasts for a night along with the preceding and following days, on the death of a relative who is not a Sapiṇḍa, or a relative by marriage, or a fellow-student; for one day, on the death of a Śrotriya dwelling in the same house.’

Baudhāyana (1.11-29, 30). — ‘For three days, on the death of an officiating priest; of a pupil, of one who has the same spiritual guide, of a fellow-student, three days, one day and night, one day and so forth.’

Viṣṇu (22.44). — ‘he becomes pure in one day, on the death of the wife or son of his Teacher, or on that of his Subteacher, or his maternal uncle, or his father-in-law, or a brother-in-law, or a fellow-student, or a pupil.’

Yājñavalkya (3.24). — ‘For one day, on the death of the guru, a pupil, an Exponent, a maternal uncle, or a Vedic scholar.’

Pracetas (Parāśaramādhava, p. 610). — ‘On the death of the mother’s sister, the maternal uncle, the father-in-law, the mother-in-law, the guru, the officiating priest and the person for whom one officiates, — purification is obtained in three days.’

 

 

VERSE 5.81

Section IX - Other forms of Impurity

 

प्रेते राजनि सज्योतिर्यस्य स्याद् विषये स्थितः ।
अश्रोत्रिये त्वहः कृत्स्नमनूचाने तथा गुरौ ॥८१॥

prete rājani sajyotiryasya syād viṣaye sthitaḥ |
aśrotriye tvahaḥ kṛtsnamanūcāne tathā gurau ||81||

 

On the death of the King in whose realm he lives, it lasts till the light; in the case of a non-learned teacher, for the whole day; as also in the case of the (ordinary) teacher. — (81).

 

Medhātithi’s commentary (manubhāṣya):

The name ‘rājan’ is really applied indirectly to the man of a particular caste as endowed with the qualifications of anointment and the rest; that it is so is clear from the clause‘in whose realm he lives.’ In fact when the word signifies the lord of a country belonging to a particular caste, it does so only by indirect indication, and not by direct denotation.

‘Till the light’ — i.e., it continues along with the light. That is, if the death occurs during the day, the impurity lasts during the day only, and it does not go on into the night; similarly if the death occurs at night, it lasts during the night only, and does not extend to the day. The fact that the text has used this peculiar expression — ‘sajyotiḥ’, ‘till the light’ — in the present context (when only day, and only night are meant), — is indicative of the fact that whenever the term ‘day’ or ‘night’ is used, it means both day and night; e.g., in verses 5.66 and 5.59. in 5.64 also, where the term ‘night’ is used in addition to the term ‘day’, it is added only for the purpose of filling up the metre.

At night, the ‘light’ is that of fire, as we rend in the Brāhmaṇa-text bearing upon the Agnihotra — ‘The night becomes resplendent with the light of fire, not with the light of the Sun.’

In the case of the ‘non-learned’ — who does not study the Veda — ‘teacher’ — it lasts during the whole day; it does not extend to the night, even when the cause of impurity happens during the night.

“How can a ‘non-learned’ man be a ‘teacher’? In fact it is only one who has learnt the Veda along with its subsidiary sciences that is entitled to do the work of teaching.”

True; but a mere expounder is also called a ‘teacher.’ Hence what is meant is that ‘in the case of the person who has, somehow, learnt the subsidiary sciences (without learning the Veda) and expounds them, the impurity lasts during the day.’ That this must be the meaning is indicated by the fact that there is a distinct rule reference to the Teacher who is properly qualified, or to the Initiating Preceptor, who is the principal object of reverence.

Some people connect the negative prefix in ‘non-learned’ with the term ‘teacher’; and explain the rule laid down as referring to ‘the learned man who is the teacher of other persons, and bears no relation to the person concerned’. — (81).

 

Explanatory notes by Ganganath Jha:

(Verse 82 of others.)

‘Anūcāne tathā gurau’ — ‘A guru who expounds the Veda along with the subsidiary sciences’ (Govindarājā, Kullūka and Rāghavānanda); — ‘the guru and the person capable of expounding the Veda’ (Nārāyaṇa); — Medhātithi construes ‘anūcāne’ with ‘aśrotriye’,and explains it to mean ‘one who, though not learned in the Veda, is yet conversant with the subsidiary sciences’; — Nandana (and also ‘others’ in Medhātithi) read ‘agurau’, and explains ‘anūcāne agurau’ ‘one who is learned in the Vedas and its subsidiaries, but is not one’s guru’.

This verse is quoted in Aparārka (p. 215), which explains ‘Sajyotiḥ’ as that impurity which lasts ‘as long as the light’, of the sun, or of the stars; — in Mitākṣarā, which also explains the meaning to be that the impurity lasts as long as the light; i. e., if death has occurred during the day, then it lasts till sunset, while if it has occurred during the night, then as long as the stars are visible; — in Parāśaramādhava (Ācāra, p. 613), which offers the same explanation, and in the same words, as Mitākṣarā; — in Madanapārijāta (p. 435), which explains the term ‘Sajyotiḥ’ as ‘lasting as long as the light’, and adds — ‘during the day, it lasts till sunset, and during the night, till sunrise’; — and in Hāralatā (p. 76), which adds the following explanation: — That Kṣatriya king in whose territories one lives, if such a king, who is not a Vedic Scholar, dies, then the impurity is ‘Sajyotiṣ’, i.e., if the death occurs during the day, it lasts as long as the sun is visible, and if it occurs during the night, then as long as the stars are visible, — if the said king is an expounder of the Veda, the impurity lasts the whole day and night, — ‘anūcāna’ is one who has studied the Veda and is capable of expounding it, — similarly if the ‘guru’ dies, the impurity lasts the whole day and night, ‘guru’ is one who has taught a little of the subsidiary sciences.

 

Comparative notes by various authors:

Viṣṇu (22-45, 46). — ‘The impurity lasts for one day, when the king of that country in which one lives has died; likewise if a man not his Sapiṇḍa has died at his house.’

Yājñavalkya (3.25). — ‘Purity is attained on the same day, in the case of the death of the king in whose realm one lives.’

 

 

VERSE 5.82

Section IX - Other forms of Impurity

 

शुद्ध्येद् विप्रो दशाहेन द्वादशाहेन भूमिपः ।
वैश्यः पञ्चदशाहेन शूद्रो मासेन शुध्यति ॥८२॥

śuddhyed vipro daśāhena dvādaśāhena bhūmipaḥ |
vaiśyaḥ pañcadaśāhena śūdro māsena śudhyati ||82||

 

The Brāhmaṇa becomes pure in the days, the Kṣatriya in twelve days, the Vaiśya in fifteen days and the Śūdra in a month. — (82).

 

Medhātithi’s commentary (manubhāṣya):

The alternative rales — limiting the period of impurity to ‘three days’, ‘four days’ &c., — have been laid down above, in consideration of the character and learning of the persons concerned; and the present verse is added with a view to preclude those alternatives from the Kṣatriya and other castes. The mention of ‘ten days’ in regard to the Brāhmaṇa however is a mere reiteration.

In this connection the following question is likely to arise — “What is the text that restricts the period of impurity for the Kṣatriya to twelve days (or of the Vaiśya to fifteen days, and so forth) compulsorily, on the strength whereof the present verse is taken as precluding the other alternatives from them?”

This present text itself serves to indicate the time mentioned as applying to those castes. And in the face of this text, the other periods of ‘ten’ days and so forth, wherever mentioned, are understood to be merely indicative of the period specified for each caste. As a matter of fact, however, even in the presence of the present verse, the mention of ‘ten days’ need not be taken to be indicative (as just stated). For even though the section as a whole may pertain to all four castes, yet the alternatives mentioned can pertain only to that caste for whom the period of ‘ten days’ has been laid down. In another Smṛti-text it is with special reference to the Brāhmaṇa that it has been asserted that — ‘the Brāhmaṇa may resume Vedic study after one day’; and it is to this that all the other alternatives mentioned in other Smṛti texts have to be taken as optional. In any case, on the eleventh day there is no impurity at all.

The author of the Vivaraṇa says that in the present verse special significance is meant to be attached to the use of the term ‘day’ (and it is the day that is meant, as distinguished from the night); so that there is no impurity on the tenth night; and hence it is only right and proper that invitations to the śrāddha on the eleventh day should be issued on the previous day. When a person is going to set up the Fire, the impurity shall be wiped off by the vigil kept daring the previous night.

This however is not right. If the term ‘day’ meant the day only, then on the other days also there would be no imparity daring the nights. It might be argued that those intervening nights would (all within the period of impurity by virtue of the general rule that ‘impurity due to death lasts for ten days’ (5.59). But what is the authority for denying a similar significant to the term ‘day’ in this context also?

Is is for these reasons that we have explained that throughout this context the word ‘day’ stands for the day and night. It is for this reason that in the preceding verse, where the day only is meant, we have the epithet ‘whole’, ‘kṛtsnam’ added to it. — (82).

 

Explanatory notes by Ganganath Jha:

(Verse 83 of others.)

This verse is quoted in Smṛtitattva (II, p. 245) as laying down the period of impurity for each several caste; — in Gadādharapaddhati (Kāla, p.288); — in Kṛtyasārasamuccaya (p. 64); — in Nityācārapradīpa (p. 115); — in Dānakriyākaumudī (p. 21); — in Śuddhikaumudī (p. 6), which says that the meaning is that on the death of a Sapiṇḍa who is over six years and two months of age, — for the survivor who is ignorant of the Veda and has not set up the fires, but has passed through all the sacramental rites, the impurity in the case of the Brāhmaṇa lasts for ten days; — it adds that if death occurs before sunrise, then the preceding day is to be counted among the ten, — if the survivor is an Agnihotri or Vedic scholar, it is over in a single day; — and in Hāralatā (pp. 4 and 9).

 

Comparative notes by various authors:

Gautama (14.2-5). — ‘The impurity of the Kṣatriya lasts for eleven days; of a Vaiśya, twelve days, or according to some, half-a-month; and that of a Śūdra, a whole month,’

Vaśiṣṭha (4.26-29). — ‘A Brāhmaṇa is freed from impurity, after ten days; a Kṣatriya, after fifteen days; a Vaiśya, after twenty days, a Śūdra, after a mouth.’

Viṣṇu (22.1-1). — ‘The impurity of a Brāhmaṇa caused by the birth or death of Sapiṇḍas lasts ten days; of a Kṣatriya, twelve days; — of a Vaiśya, fifteen days, of a Śūdra, a month.’

Yājñavalkya (3.22-23). — ‘The impurity lasts for twelve days for the Kṣatriya, fifteen days for the Vaiśya, thirty days for the Śūdra; but only half the time, if the person affected is one who remains firm in law.’

Aṅgiras (Aparārka, p. 911). — ‘On the death of a Brāhmaṇa after tonsure, his relations are purified in three days; on that of a Kṣatriya, in six days; on that of a Vaiśya, in nine days; on that of a Śūdra less than three years old, in five days; on that of one three years old, in twelve days; on that of a Śūdra more than six years old, in a month.’

Ṛṣyaśṛṅga (Aparārka, p. 912). — ‘In eases where the impurity of the Brāhmaṇa lasts three days, that of the Śūdra lasts twelve days; and that of the Kṣatriya and the Vaiśya, for six and nine days respectively.’

 

 

VERSE 5.83

Section IX - Other forms of Impurity

 

न वर्धयेदघाहानि प्रत्यूहेन्नाग्निषु क्रियाः ।
न च तत्कर्म कुर्वाणः सनाभ्योऽप्यशुचिर्भवेत् ॥८३॥

na vardhayedaghāhāni pratyūhennāgniṣu kriyāḥ |
na ca tatkarma kurvāṇaḥ sanābhyo'pyaśucirbhavet ||83||

 

One should not prolong the days of impurity; nor should he interrupt the rites performed in the fires; because he who performs those rites, even if he be a Sapiṇḍa, would never he impure. — (83).

 

Medhātithi’s commentary (manubhāṣya):

Some people may entertain the following notion: — “The various alternatives that have been laid down regarding the period of impurity extending to three days, &c., all stand on an equal footing with the alternative of ‘ten days,’ and their adoption is not regulated by considerations of character and study, etc.; so that the observing of the longer period being open to me, why should I have recourse to the alternative of ‘one day’, which would entail the trouble of resuming my studies sooner? I shall have recourse to the alternative of ‘ten days’, and shall enjoy the pleasure of having nothing to do for a longer period.”

It is for the benefit of such a person that the author, moved by sympathy, makes it clear that the optional alternatives are regulated by other considerations; and that they do not all stand on the same footing. In what way they are regulated has been already shown by us.

If this be not the meaning of the present advice, and if it mean something else, — what possibility would there be of any prolongation of the period that has been specifically fixed for each individual? And it is only with such a possibility that there could be room for the advice contained in the present verse. What harm could there be in the author making still clearer what he has already said before (regarding the regulation of the optional alternatives)?

Some people hold that — even after the prescribed number of days have elapsed, purification is not accomplished until bathing and other rites have been performed; as it is going to be asserted that ‘the Brāhmaṇa becomes pure after touching water, etc.’ (Verse 98); and some one may think that so long as he remains impure he would not incur any sin by the omission of religious duties, and hence he may not proceed to take the bath or other rites; — and it is in view of such cases that we have the injunction that ‘one should not prolong the days of impurity,’ — the meaning being that the stipulated days having elapsed, one should not delay the external purifications.

As regards the assertion that — “the use of the term day implies that there is no impurity on the night of the tenth day,” — it has already been pointed out that this view is not correct. Says Gautama (14.6) — ‘If during one impurity another source of impurity should arise, there is purification after the remainder of the former’; and having said this, he thought that people might be led to think that if the second impurity should arise about the end of the last night, there would be purification after that night, and in order to guard against this he has added — ‘if it happens about the end of the night, then after two nights’ (14.7) [From which it is dear that the lost night also falls within the period of impurity].

‘Nor should he interrupt the rites performed in the fires.’ — This is said in view of the fact by reason of impurity all the rites prescribed in the Śruti and the Smṛti become precluded. The meaning is that the rites that are performed in the fires, — such as the Evening-libation and the rest — should not be interrupted, — i.e., shall not be omitted. ‘Interruption’ means omission, non-per formance.

But this does not mean that the impure man should himself perform the rites; since it is added — ‘he who performs the rites, even if he be a Sapiṇḍa, would never be impure’; which means that ‘even a Sapiṇḍa-relation would not be impure, to say nothing of other persons’; says the Gṛhyasūtra also — ‘They should perform in the house-fire the obligatory rites, with the exception of the Vaitāna -rite’; and then — ‘others would perform these.’ This does not refer to the mere offering of libations that is done in connection with the setting up of the fires, but to the performance of the rite in all its details; since it is only for these that the employment of other agents is possible, since the principal libation itself, which consists in offering certain substances, can be offered by the householder himself. Hence the rites that are precluded (daring impurity) are those of the Vaiśvadeva-offering and the Darśa-Pūrṇamāsa and other sacrifices. Of other nets, such as the telling of beads, the saying of Twilight Prayers and so forth, — the preclusion of these has nowhere been indicated; and all these are obligatory. Hence what the present taxt does is to permit the performance of other acts; specially as another Smṛti text has prohibited such acts as ‘the offering of libations and Vedic study.’ Thus then, the distinction (as to what acts are precluded and what not) is based upon the obligatory or voluntary character of the acts themselves; specially as the voluntary act tending to the accomplishment of desired ends should never be done, since impurity deprives the man of the title to perform all such acts.

“But the impure man cannot be entitled to the performance of the obligatory acts either.”

As a matter of fact, purity does not constitute an essential factor in the rites; and though an obligatory act may be done even in a slightly deficient form (due to the lack of purity, for instance), such is not permissible in the case of voluntary acts done with a view to definite ends. It might be argued that they also might be performed, on the strength of the present text itself. But this would not be right; for all that the present text permits is getting certain rites performed by proxy; and as this in itself would be a deficiency, it would be admissible in the case of the obligatory rites only, and not in that of voluntary ones.

With regard to the Vaiśvadeva offering however, there is a difference of opinion. Some people quote the following Smṛti -text — ‘At a birth or a death, one shall not pour libations into fire, even with dry grains or fruits, nor should he perform any sacrificial rites.’

From all this it follows that one should offer the following the Twilight-libations, the Dūrśa-Purṇamāsa sacrifices, the Annual Śrāddha, the Śrāddha offered in the month of Āśvina and so forth. As for the Upākarma, its performance depends upon the lunar asterism and it need not be done on the full-moon-day. — (83.)

 

Explanatory notes by Ganganath Jha:

(Verse 84 of others.)

‘Pratyūhenṅāgniṣu kriyāḥ’ — Medhātithi has been misrepresented here, not only by Buhler, but by Kullūka also. There is nothing in Medhātithi to show that Sandhyopāsana should be omitted for ten days. Nor is there any difference in the interpretation of Medhātithi and that of Kullūka and others. (See Translation.)

‘Sanābhayaḥ’ — ‘Sapiṇḍa’ (Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda); — ‘Sahodara’, ‘uterine brother’ (Nandana).

This verse is quoted in Aparārka (p. 891), which adds the following notes: — With a view to remaining idle, without having to perform his religious duties, one should not prolong the days of impurity; nor should he abandon those necessary acts that are prescribed to be performed in the śrauta fires, — e.g., the Agnihotra offerings; the meaning is that all those should be done even during the days of impurity; — the second half is added in anticipation of the objection that “in view of the rule whereby impure men are not entitled to the performance of religious acts, it would be right to abandon the acts during the period of impurity.” What is meant is that it is quite true that the impure m an should not perform religious acts; but on the strength of the special texts (like the present one) hearing upon certain Well defined acts, one would be justified in concluding that he is not ‘impure’, so far as the performance of these acts is concerned. — The use of Atmanepada form ‘kurvāṇaḥ’ makes it clear that the actual performer of the religions acts is not impure — even though the person dead or born be a very near relation of his, — in fact he is quite pure. Inasmuch as this absence of impurity refers to the performer himself, it follows that so far as officiating at the performance of other persons is concerned, the near relations of the dead or the born must be regarded as impure and unqualified.

It is quoted in Mitākṣarā (on 3.17), in support of the view that there is no impurity regarding the performance of those religious acts that are compulsory, the voluntary ones, however, which are done for the purpose of gaining reward, should not be performed during impurity; — and it adds that since the text specifically mentions the acts done ‘in the fires’, it follows that the ‘five great sacrifices,’ which are not done in fire, should cease during impurity.

It is quoted in Smṛtitattva (II, p. 254) as affording justification for the coalescing of ‘impurities’ due to more than one cause; — in Hāralatā (pp. 7 and 25), which notes that the expression ‘tat karma’ implies that the impurity means incapacity to perform such acts as Fire-kindling, gifts, Homa and so forth, and adds the following notes: — ‘aghāhāni’, days of impurity, those should not be prolonged by the Agnihotrin, for whom its curtailment is justified by distinct texts; and he should never observe the full period of ten days, — even dining the curtailed period, he should not entirely stop the offerings into the Fires, he should have this done through Brāhmaṇas belonging to other gotras and hence not suffering from the same disabilities, — and the reason for this lies in the fact that in the performance of the said acts of disablity does not attach even to the Sapiṇḍa, — what to say of persons of other gotras?

It is quoted also in Gadādharapaddhati (Kāla, p. 278), which explains ‘sanābhayaḥ’ as Sapiṇḍa, — ‘tatkarma’ as officiating as a priest, — the disability due to impurity does hot attach to him, if no person of other gotras is available for the work, — such is the implication of the particle ‘api’.

 

Comparative notes by various authors:

Yājñavalkya (3.17). — ‘One should continue to perform all the fire-worship, as also all those acts that are enjoined in the Veda.’

Vyāghrapāt (Aparārka, p. 892). — ‘During the period of impurity one should stop all smārta rites; but for the purpose of śrauta rites, one becomes pure immediately, by bathing.’

Pāraskara Gṛhyasūtra (3.13.31-34). — ‘During the period of impurity, one should not carry on Vedic study one should intermit the daily rites, with the exception of those performed with the help of the śrauta fire, or with that of the domestic fire, according to some: — others should perform those for him.’

Jābāla (Aparārka, p. 892). — ‘During the impurity due to birth and death, there is no intermission of rites performed in the śrauta fire; as regards the domestic fire, libations into it should be poured by persons belonging to another gotra.’

Bṛhaspati (Do.). — ‘During impurity due to birth or to death, one shall not abandon the fire-offerings, he shall have them offered by others.’

Jātūkarṇya (Do.). — ‘During an impurity, Piṇḍayajña, Caru-Yajña, and Homa, should be got done by a person not belonging to the same gotra.’

Saṃvarta, (Do.). — ‘The Homa-offerings should, during impurity, be made with dry grains or fruits; but the performance of the five Great Sacrifices should be intermitted. For ten days, the Brāhmaṇa shall desist from the Vaiśvadeva offering.’

Viṣṇupurāṇa (Do.). — ‘O king, the offering of the twilight-prayers should he done at all times, except during impurity.’

Paiṭhīnasi (Do.). — ‘During impurity, one shall only offer water with the Sāvitrī and meditating upon the sun, offer his obeisance.’

Pulastya (Do. p. 893). — ‘The twilight-prayers, the Iṣṭi, the Caru and Homa one should perform all through life; even during impurity one shall not omit these During impurity due to death or birth, one should not omit the twilight prayers; the Brāhmaṇa shall repeat the mantras only mentally — even so omitting the Breath-suspension.’

 

 

VERSE 5.84

Section IX - Other forms of Impurity

 

दिवाकीर्तिमुदक्यां च पतितं सूतिकां तथा ।
शवं तत्स्पृष्टिनं चैव स्पृष्ट्वा स्नानेन शुध्यति ॥८४॥

divākīrtimudakyāṃ ca patitaṃ sūtikāṃ tathā |
śavaṃ tatspṛṣṭinaṃ caiva spṛṣṭvā snānena śudhyati ||84||

 

After having touched the Cāndāla, the menstruating woman, the outcast, the woman in child-bed, the dead body, or toucher thereof — one becomes pure by bathing. — (84).

 

Medhātithi’s commentary (manubhāṣya):

The ‘divākīrti’ is the cāṇḍāla; that it is so is clear from the fact that he is mentioned along with the worst untouchables, and also from the use of the name in the Mahābhārata, in course of a conversation between the Cat and the Mouse — ‘at that time the Divākīrti became oppressed with fear’ (where it is the cāṇḍāla that is clearly meant). It cannot stand for the barber here; for the barber is among the touchables, and also because he is one whose food may be eaten (by the Brāhmaṇa). As for the rule laying down the necessity of bathing after a shave, this cannot be put forward in the present context, as the bathing in this case is necessitated by the consideration that, while one is shaving hairs are bound to fall on the body, and as, on falling from the body, they are unclean, it is necessary that one should bathe.

‘Tatspṛṣṭinam’, ‘the toucher thereof.’ — This compound is to be expounded as — ‘tasya spṛṣṭam, tadasyāsti’. The men who touch those mentioned above have also got to bathe.

Some people argue that, as the persons mentioned are not all in equal proximity to the term ‘tatspṛṣṭinam,’ ‘the toucher thereof,’ this refers to the ‘dead body’ only, and not to the ‘Cāṇḍāla’ and the rest. But others hold that since all are mentioned in the same sentence, and since the term occurs at the end of all the other persons mentioned, all these are present before the mind, and hence referred to by the pronoun ‘thereof‘; so that the construction intended is that all the terms up to ‘śaram’, ‘the dead body’, form one copulative compound, and then compounded with ‘spṛṣṭinam’, ‘toucher’; and hence when the term ‘the toucher thereof’ comes up, all the things spoken of by all the members of the copulative compound come to the mind. There is, on the other band, nothing to indicate that the term ‘toucher’ is to be connected with the ‘dead body’ only; for the simple reason that it is equally connected with the ‘outcast’ and the rest also. In fact, all that is clearly indicated is that the term ‘toucher’ is connected with some other term that has gone before; in a copulative compound however, each term is regarded as denoting all the things spoken of; and hence all these latter are equally closely related to the term ‘toucher’. Another construction that might be suggested is to construe the term ‘toucher thereof’ with the term ‘dead body’, and then with the other terms. But in this case, there would be nothing to justify the connection of the term ‘toucher’ with the ‘outcast’ and the rest.

From all this it follows that it is only on the strength of usage that a right conclusion can be arrived at. — (84)

 

Explanatory notes by Ganganath Jha:

(Verse 85 of others.)

‘Tatspṛṣṭinam’ — ‘One who has touched these, i.e., the Divākīrti and the rest’ (Medhātithi, Nārāyaṇa and Nandana); ‘one who has touched a corpse’ (‘others’ in Medhātithi, Govindarāja, Kullūka and Rāghavānanda).

This verse is.quoted in Aparārka (p. 921), which adds the following: — Even though through its proximity to the term ‘śava’, ‘tatspṛṣṭinam’ would appear to mean ‘one who has touched a śava’, yet inasmuch as the ‘Divākīrti’ and others mentioned before also belong, like the corpse, to the category of ‘unclean things’, it is only right that one who touches the person that has touched all those should bathe. This agrees with Medhātithi.

It is quoted in Mitākṣarā (on 3. 30) to the effect that even when between the man and an unclean thing, there interposes a living thing (like the man who has touched the unclean things) the man has to bathe.

It is quoted in Madanapārijāta (p. 258) to the effect that the man who touches one who has touched the Divākīrti and the rest, should bathe; i.e., the touch of an unclean thing defiles also when it is indirect, being interposed by a living object (like the man touching the Divākīrti &c.).

It is quoted in Vīramitrodaya (Āhnika, p. 202), which explains Divākīrti as ‘Chaṇḍāla’; — and in Vidhānapārijāta (p. 54), which reproduces the note made by Madanapārijāta is quoted in Parāśaramādhava (Ācāra, p. 257), which explains ‘divākīrti’ as ‘Chaṇḍāla’; — in Hemādri (Śrāddha, p. 796); — in Śuddhikaumudī. (p. 327), which explains ‘divākīrti’ as ‘chaṇḍāla’; — in Ācāramayūkha (p. 42); — and in Prāyaścittaviveka (pp. 159 and 468), which explains ‘tatspṛṣṭin’ as ‘one who has touched a dead body’.

 

Comparative notes by various authors:

Gautama (14.30). — ‘On touching an outcast, a Caṇḍāla, a woman impure on account of confinement, a woman in her courses, or a corpse, — and on touching persons who have touched them, — he shall purify himself by bathing in his clothes.’

Baudhāyana (1.9.5). — ‘On touching a tree standing on a sacred spot, a funeral pyre, a sacrificial post, a Caṇḍāla, or a person who sells the Veda, — a Brāhmaṇa shall bathe in his clothes.’

Baudhāyana (1.11.36). — ‘On touching one who sells the Veda, a sacrificial post, an outcast, a funeral pyre, a dog or a Caṇḍāla, he shall bathe.’

Vaśiṣṭha (4.37). — ‘When he has touched a sacrificial post, a pyre, a burial ground, a menstruating woman, a woman lately confined, impure men, or Cāṇḍalas and so forth, — he shall bathe, submerging both bis body and his head.’

Viṣṇu (22.69). — ‘After having touched one who has touched a corpse, or a woman in her courses, or a Caṇḍāla or a sacrificial post, — bathing is ordained.’

Yājñavalkya (3.29). — ‘On touching a woman in her courses or persons suffering from impurity due to birth and death, one should bathe; on touching persons who have touched them he shall rinse his mouth.’

Saṃvarta (Aparārka, p. 921). — ‘For one who touches one who has touched these, bathing has been enjoined.’

Viṣṇu (Do.). — ‘On touching a woman in her courses, a corpse, a Caṇḍāla, human bone with fat, one should bathe with his clothes on.’

Chyavana (Do., p. 922). — ‘One shall bathe with clothes on on touching an outcast, a Caṇḍāla, one who lives upon property belonging to gods, the village-priest, the Soma-vendor, the sacrilìcial post, a funeral pyre, a wood of the pyre, wine, wine-vessel, human bone with fat, one who has touched a corpse, a woman in her courses, one who has committed a heinous crime, or a corpse; after bathing, he should touch fire, repeat the Gāyatrī a hundred and eight times, bathe again and then rinse his mouth thrice.’

Bṛhaspati (Aparārka, p. 922). — ‘An outcast, a woman lately confined, a Caṇḍāla, — on touching these intentionally one becomes purified by bathing with clothes on, touching fire and eating butter. On touching a person who has touched a corpse, a Caṇḍāla, a funeral pyre, a sacrificial post, a woman in her courses, intentionally, the Brāhmaṇa shall become purified by bathing.’

Mārkaṇḍeya Purāṇa (Aparārka, p. 923). — ‘One whose food should not be eaten, a woman lately confined, a eunuch, a cat, a Caṇḍāla, a dog, a cock, an outcast, an excommunicated person, a corpse-carrier, a woman in her courses, a pig, — on touching these one becomes purified by bathing.’

Vṛddha-Yājñavalkya (Do.). — ‘On touching a Caṇḍāla, a Pukkasa, a Mleccha, a Bhilla, a Pārasīka, one who has committed a heinous crime, — one should bathe with clothes on.’

Parāśara (Do.). — ‘On touching a tree growing in a crematorium, a funeral pyre, a sacrificial post, a Caṇḍāla, a Soma-vendor, — the Brāhmaṇa should enter water with clothes on.’

Devala (Do.). — ‘A Caṇḍāla, an outcast, a corpse-carrier, a woman lately confined, a woman in her courses, — on touching these one becomes purified by bathing.’

Vāyupurāṇa (Do.). — ‘The woman in her courses, the woman lately confined, the dog, the Antyāvasāyin, the corpse-carrier, — on touching these there is impurity, from which one becomes purified by bathing with clay and with clothes on.’

Parāśara (Do., p. 926). — ‘If one happens to touch a Caṇḍāla and the corpse and other things after sunset, he becomes purified by touching fire and gold.’

Aṅgiras (Parāśaramādhava, p. 257). — ‘On touching a person who has touched a corpse, a woman in her courses and a woman lately confined or one outcast — one becomes purified on bathing with clothes on.’

Kūrmapurāṇa (Do., p. 258). — ‘If one touches by chance a person who has been touched by a Caṇḍāla, a woman lately confined, or a corpse, — he shall sip water and do japa; if one intentionally touches the said person, he should sip water for the purpose of purifying himself.’

 

 

VERSE 5.85

Section IX - Other forms of Impurity

 

आचम्य प्रयतो नित्यं जपेदशुचिदर्शने ।
सौरान् मन्त्रान् यथोत्साहं पावमानीश्च शक्तितः ॥८५॥

ācamya prayato nityaṃ japedaśucidarśane |
saurān mantrān yathotsāhaṃ pāvamānīśca śaktitaḥ ||85||

 

On seeing unclean things, the man, after having sipped water, shall always attentively recite the Solar Mantras according to his inclination, as also the Pāvamānī verses, according to his capacity. — (85).

 

Medhātithi’s commentary (manubhāṣya):

‘Unclean things’. — Those just mentioned are to be understood as meant here, because of their proximity.

Those mantras that are addressed to the Sun are called ‘Solar’ and the mantras meant are ‘udutyam jātavedasam, &c. &c.’

The Pāvamānī verses. — The verses ‘svādiṣṭaye, &c. &c.’ occurring in the ninth maṇḍala of the Ṛgveda.

‘According to his inclination’ and ‘according to his capacity’ mean the same thing; two words have been used for the purposes of metre.

In as much as the ‘mantras’ and ‘verses’ are mentioned in the plural, at least three verses should be recited; and as regards more, they may be recited only if other and more important duties do not suffer thereby. Then again, since the text speaks of ‘mantras and the term ‘Pāramānī’ also refers to verses, purification is brought about as soon as one has gone beyond three verses, even though the hymn may not be completed.

The dog also has to be included among the ‘unclean things’; as it also is unclean. In the present context Gautama has declared — ‘Of the dog also; whatever it might pollute, say some’ (14.29-30).

‘Attentively’; — without allowing his mind to wander about; he should fix it upon contemplating the deity. Or, ‘Prayataḥ’ may mean that ‘at a time when one is busy with worshipping deities, if he should happen to touch an unclean thing, he should do what is here laid down, — and not otherwise’. — (85).

 

Explanatory notes by Ganganath Jha:

(Verse 86 of others.)

Kullūka and others take the verse as referring to the case where a man happens to see an unclean thing after having done ācamana (preparatory to some religious act). — Medhātithi and Govindarāja take it as referring to the case already noted in the foregoing verse, — i.e., the meaning being that ‘whenever one happens to see any of the unclean things just enumerated, he shall do ācamana and then recite the verses prescribed.’

This verse is quoted in Aparārka (p. 1198); — and in Hemādri (Śrāddha, p. 796).

 

Comparative notes by various authors:

Baudhāyana (1.15.31). — ‘If he has looked at any unclean substance, he mutters the verse — “Unrestrained is the internal organ, wretched the eye-sight, the sun is the chief of the lights; O Dīkṣā, do not forsake me!”’

Āpastamba (Aparārka, p. 1197). — ‘On seeing in the evening a Caṇḍāla or an outcast, a woman in her courses or unclean things, he should look at the rising sun.’

Bodhāyana (Aparārka, p. 1200). — ‘On seeing the Caṇḍāla, one should look at the stars; on talking to him, one should converse with the Brāhmaṇa; on touching him, he shall bathe.’

 

 

VERSE 5.86

Section IX - Other forms of Impurity

 

नारं स्पृष्ट्वाऽस्थि सस्नेहं स्नात्वा विप्रो विशुध्यति ।
आचम्यैव तु निःस्नेहं गामालभ्यार्कमीक्ष्य वा ॥८६॥

nāraṃ spṛṣṭvā'sthi sasnehaṃ snātvā vipro viśudhyati |
ācamyaiva tu niḥsnehaṃ gāmālabhyārkamīkṣya vā ||86||

 

Having touched a fatty human bone, the Brāhmaṇa becomes pure by bathing, but if it be free from fat, then by sipping water and touching a cow, or looking at the sun — (86).

 

Medhātithi’s commentary (manubhāṣya):

‘Nāra,’ ‘human,’ — belonging to man.

‘Fatty’ — i.e. Besmeared with flesh, marrow &c.

‘Ālabhya’ means touching.

The touching of the cow and looking at the sun are meant to be optional alternatives. — (86).

 

Explanatory notes by Ganganath Jha:

(Verse 87 of others.)

This verse is quoted in Aparārka (p. 924), which notes that what is meant is the combination of all the three — (1) ācamana, (2) touching of the cow, and (3) looking at the sun; and that this pertains to the case of touching the bone unintentionally; for intentional touching, there is impurity for three days (when fat is adhering to the bone), and one day (when the bone is dry).

It is quoted in Mitākṣarā (on 3.30), which remarks that this refers to the bone of a twice-born person; — in Smṛtitattva (II, p. 293), which, explains ‘ālabhya’ as ‘having touched,’ and adds that this refers to the unintentional touching of the bone; — in Madanapārijāta (p. 257), which adds that ‘this refers to twice-born persons’; — in Vīramitrodaya (Āhnika, p. 214); — in Hemādri (Śrāddha, p. 796); — in Śuddhikaumudī, (p. 329), which explains ‘ālabhya’ as ‘having touched’; — in Nṛsiṃhaprasāda (Āhnika, p. 16b); — and in Prāyaścittaviveka (p. 485), which says that this refers to cases of unintentional touching

 

Comparative notes by various authors:

Viṣṇu (Aparārka, p. 925). — ‘On touching a fatty human bone, there is impurity lasting for three days; when it is not fatty, for one day and night.’

Devala (Do.). — ‘Human bone, human fat, ordure, menstrual blood, wine, semen, marrow, blood, — on touching these one should bathe.’

Chyavana — (See under 84.)

Saṃvarta (Viramitrodaya-Āhnika, p. 214) — ‘Indigo, indigo-products, human bone, or the shadow cast by the Caṇḍāla and the outcast, — on touching these, the twice-born person shall bathe.’

 

 

VERSE 5.87

Section IX - Other forms of Impurity

 

आदिष्टी नोदकं कुर्यादा व्रतस्य समापनात् ।
समाप्ते तूदकं कृत्वा त्रिरात्रेणैव शुध्यति ॥८७॥

ādiṣṭī nodakaṃ kuryādā vratasya samāpanāt |
samāpte tūdakaṃ kṛtvā trirātreṇaiva śudhyati ||87||

 

The person under instruction shall not make water-offerings till the completion of his pupilage; at its completion, he becomes pure in three days, after having made the water-offerings.

 

Medhātithi’s commentary (manubhāṣya):

‘Ādiṣṭa’ means ‘ādeśa’, ‘instruction’; and the term ‘person under instruction’ denotes the Student, by reason of his connection with the instruction that he receives regarding his observances. The present text prohibits the making of water-offerings by one who is still in the state of the Student, to such Sapiṇḍa relations as may happen to die during that period. As for those that have died before, the offering of water to the forefathers and Gods has already been prescribed for the Student also.

‘Till the completion of his pupilage; — i.e. till the performance of the ‘Samāvartana’ ceremony; and it does not mean any forced completion of the stage in the interval.

On returning after having finished his observances, he shall make a water-offering to each of the dead relations on one day; and he should observe ‘impurity’ for three days.

As regards the making of water-offering to his mother, this is necessary for the Student also; and such an offering does not interfere with the proper fulfilment of his observances. In support of this they quote another Smṛti -text — viz. ‘The person undergoing instruction does not commit a wrong in making a water-offering.’ — (87).

 

Explanatory notes by Ganganath Jha:

(Verse 88 of others).

This rule does not apply to the case of the mother (Medhātithi), — father and mother (Govindarāja), — father, mother and ācārya (Kulluka).

This verse is quoted in Aparārka (p. 876), which adds the following notes: — ‘ādiṣṭī’ is the ‘Religious Student,’ — ‘āvratasya samāpanāt’ means ‘till the Samāvartana ceremony has been performed’; — in Mitākṣarā (on 3.5) which adds that the Religious Student is called ‘ādiṣṭī’ by reason of his receiving such ādiṣṭa, ādeśa, injunction, as ‘Thou art a Religious Student, drink water, do your duty’ and so forth; — that this refers to the death of persons other than the Father and others.

It is quoted in Madanapārijāta, (p. 405) as pertaining to cases other than the death of the ‘mother and others — it explains ‘ādiṣṭī’ as ‘Religious Student,’ but adds that some people explain the term as ‘one who is undergoing expiatory penance.’ The second half means that on the expiration of the ‘vrata,’ he shall make the water-offering and remain impure for three days.

It is quoted in Nirṇayansindhu (pp. 195 and 392) to the effect that after the Samāvartana ceremony has been performed, the Religious Student shall observe an ‘impurity’ for three days, for the death of persons that may have occurred during his studentship; — in Gadādharapaddhati (Kāla, p. 313), which explains ‘ādiṣṭī’ as the Religious Student; — in Hāralatā (p. 201), which has the following note: — ‘ādiṣṭa’ stands for the observances prescribed in connection with Vedic study, and ‘ādiṣṭī’ stands for the Religious Student, as also for other persons that may be keeping certain observances; so long as the course of the observance has not been finished, the man should not offer

the death-oblations even to his Preceptor; — in Saṃskāraratnamālā, (p. 295), which says that Mitākṣarā has explained ‘ādiṣṭī’ as the Religious Student; — and in Smṛtisāroddhāra (p. 216).

 

Comparative notes by various authors:

Viṣṇu (22.87). — (Same as Manu.)

Yājñavalkya (3.5). — ‘The religious student shall not make water-offerings.’

 

 

VERSE 5.88

Section IX - Other forms of Impurity

 

वृथासङ्करजातानां प्रव्रज्यासु च तिष्ठताम् ।
आत्मनस्त्यागिनां चैव निवर्तेतोदकक्रिया ॥८८॥

vṛthāsaṅkarajātānāṃ pravrajyāsu ca tiṣṭhatām |
ātmanastyāgināṃ caiva nivartetodakakriyā ||88||

 

The water-offering is withdrawn from those born in vain and from intermixture, from those who are addicted to asceticism and from those who have abandoned themselves. — (88)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘born’ is to be construed separately with each of the two terms with which it is compounded. He is said to be ‘born in vain’ who does not worship Gods, Pitṛs or Men; i. e. he who does not lead the life proper for uny of the four stages of life, even though he is capable of doing so; one who is excluded from all offerings and invitations. Having referred to the man ‘who for one year does not lead the life proper for any stage,’ the scriptures speak of a great sin attaching to persons doing this for any length of time. This is so because with the exception of the Student and the Renunciate, all the others have to cook food for other people; and it is only cooking for one’s own self alone that has been prohibited.

‘Born of intermixture;’ — i.e., the Āyogara’ and other persons born of an improper and inverse mixture of the several castes; that the issue of improper mixtures is meant is indicated by its association with those ‘born in vain,’ which implies lowness of birth. As regards the issue of legal mixtures, even though these also are ‘born of intermixtures,’ yet these are not meant here, because they belong definitely to their mother’s caste and are entitled to all that pertains thereto. Further, in ordinary usage children of legal mixtures are not spoken of as being of ‘mixed origin’; e.g. in 10.25, where the issues of ‘mixed origin’ are described. The term also includes (a) the children of such widows as have not been ‘permitted’ to beget children, born of the intercourse of several men, and (b) the children of prostitutes; the children of women begotten by a person other than their husbands are not included in this category, if there has not been intercourse with several men.

Some people hold that this prohibition refers to Sapiṇḍa relations who are as described, and not to their sons; while in the case of those who have ‘abandoned themselves,’ it applies to their sons also.

This however is not right; as the text makes no distinction among those mentioned.

Asceticisms; i.e., of heretics, such as the ‘Bhagala,’ the ‘Raktapaṭa’ and the rest. That these are meant is indicated by the plural number and by the fact that it is the heterodox heretic alone that is excluded. These are regarded as ‘heterodox’ by reason of their observances &c., being different from those of the orthodox ascetics.

‘Those who have abandoned themselves;’ — i.e ., those who, even before their life’s span has been run out, give up their bodies (by committing suicide). [It is only such suicide that is reprehensible]. It is considered quite desirable in the case of old men suffering from incurable diseases given up by the physicians; as has been thus declared: — ‘If an old man, — incapable of purification and memory, who has passed beyond the reach of the physician’s art, — kills himself by falling down from a precipice, or entering into fire, or by fasting, or by drowning in water, — in his case there is impurity for three days; his bones being collected on the second day, on the third day the water offering-should be made, and on the fourth day the Śrāddha should be performed’. Suicide is regarded as desirable also in the case of persons suffering from leprosy and such other diseases; as has been said in connection with men who, though still in the Householder’s state, have lost all energy, — ‘Bent upon entering the Great Path, they do not wish to live on uselessly.’ That man is called ‘devoid of energy’ who is incapable of doing purificatory acts, as also saying the Twilight Prayers &c. Then again, in texts deprecating suicide, the words used are — ‘if one whose body has not been emaciated, or who has not lost all energy, should kill himself &c. &c.’; which implies that it is permitted for those who are not such as here described.

Other Smṛti-texts prohibit the water-offering for other persons also. It has been thus declared — ‘Those killed by kings, those killed by horned or fanged animals, or by serpents, and those who have abandoned themselves, — to these no Śrāddha is to be offered; and water, ball-offerings and other offerings that are made to the dead, all this does not reach them, it becomes lost in the intervening regions. Through fear of popular blame, one should make the Nārāyaṇa offering; and for the sake of these also food-grains, along with the additional fee, shall be given.’

Elsewhere again —

‘Sinful men meet death from the Cāṇḍāla, from water, from serpents, from Brāhmaṇas, from lightning and from fanged animals.’

It is also laid down that —

‘For incendiaries, for keepers of baths and makers of ornaments and for professional mourners, there is purification after the performance of two Taptakṛcchra penances. Hence for these no after-death rites shall be performed by others; even the name of such persons, or of their family, should not be pronounced. For truly fearful is the uttering of the name of such a great sinner, who has gone to the worst hells.’

It is in connection with the acts mentioned here that Saṃvartn has prescribed the ‘Sāntapana’ penance; and Parāśara has laid down the ‘Taptakṛcchra’; and Vaśiṣṭha has prescribed the ‘Cāndrāyaṇa’ along with the ‘Taptakṛcchra’. But these differences may be ignored.

With reference to what has been said above regarding ‘the death of sinners’ resulting from ‘the Cāṇḍāla, from water &c. &c.,’ there arises the following question — “Does this rule, regarding the non-performance of the Śrāddha and the performance of penance, pertain to the Cāṇḍāla who kills himself intentionally? — or to one who is killed through carelessness, without intention?”

Why should this question arise?

(A) Well, Gautama (14.12) has said — ‘In the case of those dying from hunger, by a weapon, by fire, by poison, in water, in prison, or from a precipice, — it is only when it is unintentional.’ While in the verse just quoted it is said simply, without any qualification ‘Those dying at the hands of the Cāṇḍāla &c.’ And on account of the necessity of reconciling this with what has been said in the other Smṛti text regarding the case of ‘dying in water’ &c., it must be ‘intentional death’ that is meant. And the idea arises that by reason of ‘association,’ the same should be the case with the others also.

(B) On the other hand, the verse quoted uses the term ‘sinful’; and all sinful act has been prohibited; he who does what is prohibited is called ‘sinful’. And a man becomes the ‘doer’ of an act through his own initiative, as also through the urging of another person. Now, death ‘from lightning, and the fanged and horned animals’ could never belong to the former category (i.e. this could never be intentional); and no one is ever urged by others to such death; nor are these means of dying employed by suicides, as holes, water and sword etc., are, and it is only if these were so, and the man were to kill himself by having recourse to these, that he could be the ‘self-sufficient agett (agent?),’ of the act of ‘dying.’ The truth therefore is that the man who comes by such death is understood to have been sinful in his previous life, — as is learnt from the scriptures; just as the possession of ‘black teeth’ and the rest. If it be asked — ‘what is the use of this fact of the man’s having been sinful in the past being indicated?’ But in the case of persons with deficient limbs etc.,; their previous connection with sin is clearly indicated; and the expiatory rite to be performed in the case has been laid down by Vaśiṣṭha, as consisting, in the case of some men, of the performance of two Kṛcchras, and in that of others, of something more.

(C) In reality however, the suicide having died, can have nothing to do with the performance of any rites. Or, if he be regarded as having commited a grievous sin, then, any person who may have entered into any kind of relationship with him — marital, or friendly, or sacrificial, — would also have to be regarded as sinful. But such is not the usage of cultured men. For as a matter of fact, people having relationship with suicides are not looked down upon in any way; nor do they perform any expiatory rites.

From this it follows that what is meant is intentional death.

(D) Some people, having read, in another Smṛti text, the words — ‘those killed by cows and Brāhmaṇas etc.’ — read the words ‘those who have abandoned themselves’ apart by themselves, and seem to take up an entirely different position.

From all this (A, B, C and D) there arises the above-mentioned doubt — as to what is the right view.

The right view is that intentional suicides are what are meant; — why? — because of their being spoken of as ‘sinful.’ The man who intentionally proceeds to set into activity the causes leading to his own death, wilfully disobeys the law that ‘no man shall by his own desire, cut off his life-span and it is only right that such a transgressor should be spoken of as ‘sinful.’

“But it has been said and pointed out above that the causes of death spoken of do not resemble the sword and other things used by suicides; so that the intentional killing of oneself could not be meant.”

Our answer to this is as follows: — If a man does not guard himself against a danger, he is regarded to be as good as having brought it upon himself. So that if a man wanders about alone in a forest infested with cāṇḍālas and robbers, — even though he may not have the wish that they should kill him, yet — there is disobedience of scriptures on his part, since he acts in a way that invites danger, and he does nothing to avert that danger. Similarly with the man who goes to swim in the river, or enters a boat of doubtful capacity rowed by incompetent boatsmen. Under such circumstances, if by the loss of vigour, or by the turning over of the boat, the man should happen to die, it would be only right to regard him as having committed a sin. On the contrary, if persons were to bathe in water, whose depth they have duly ascertained by means of sticks etc., and of the presence wherein of alligators and other animals they, are ignorant, — and were to be carried away by any such animals, no blame would attach to them. Similarly if one gets into a boat, which is well-fastened, and rowed by capable rowers, and proceeds to cross a swift stream, — if, on the sudden rising of a strong wind, the boat happen to be tossed on a whril (whirl?)-pool and capsize, and the man become drowned, — he would not have transgressed the scriptures at all. Similarly again, if one did not carefully avoid places known to be infested with snakes, and being bitten by a snake were to die, he would have acted sinfully; not otherwise. Similarly if one does not run to a safe distance, on seeing a sharp-horned cow or an elephant, and become killed, he is rightly regarded as sinful. Similarly again if, when it is raining heavily and lightning is flashing, if one wanders about in desolate places and does not take shelter in a village or town, — his action is reprehensible. While if the lightning should, by chance, happen to fall upon a man who is in the village, there would be nothing sinful on the part of the man. For these reasons it is always right and proper that the man should do all that has been laid down (for his safety).

The prohibiting of ‘water-offerings’ should be taken as applicable to all kinds of after-death rites; for such is the view propounded in another Smṛti -text. — (88)

 

Explanatory notes by Ganganath Jha:

(Verse 89 of others.)

This verse is quoted in Aparārka (p. 877); — in Madanapārijāta (p. 406), which adds the following notes: — ‘Vṛthājātāḥ’ are those who do not perform the ‘Five Great Sacrifices’; — ‘Saṅkarajātāḥ’ are those born of castes mixed in the reverse order; — in Smṛtisāroddhāra (p. 217), which reads ‘nivāpo na vidhīyate’ for the last foot and explains ‘nivāpaḥ’ as Śrāddha-Tarpaṇa’, — in Śuddhikaumudī, (p. 80), which explains ‘Vṛthāsaṅkarajāta’ as born of a lower caste father and higher caste mother; — and in Hāralatā (p. 202), which has the same explanation and adds that such persons are precluded from all religious acts; it adds the following remarks — Those born of higher caste father and lower caste mothers are not called ‘Vṛthāsaṅkarajāta’, as these persons are permitted to perform all religious acts to which their mother’s caste is entitled, — ‘ātmatyāgin’ are those who have committed suicide by hanging or poison or some such means, or those who have renounced the duties of their caste.

 

Comparative notes by various authors:

(verses 5.88-89)

Viṣṇu (22.56). — ‘Suicides and outcasts do not cause impurity or receive offerings of water.’

Yājñavalkya (3.6). — ‘Those who have recourse to heretics, thieves, women who have killed their husbands, loose women, and women drinking wine, and women killing themselves, do not partake of impurity or of water-offerings.’

Vṛddha-Manu (Aparārka, p. 876). — ‘Eunuchs and others should not make water-offerings, nor thieves and apostates, nor women who injure their embryo and husband, or drink wine.’

Vṛddha-Yājñavalkya (Do.). — ‘Persons killed by lightning, bulls, kings, Brāhmaṇas, water, horned animals, tusked animals or fire, persons born in vain, the eunuch, and the religious student are not deserving of water-offerings.’

Āpastamba (Do., p. 877). — ‘One who kills himself by means of fire, water and such things, — for him there is no impurity; nor should water be offered to him.’

Gautama (Do.). — ‘For those who intentionally kill themselves by starvation, or weapons, or fire or poison, or water (there shall be no offering).’

Aṅgiras (Do.). — ‘If one is killed, through carelessness, by fire, water and such things, for him impurity shall be observed and water-offerings made.’

 

 

VERSE 5.89

Section IX - Other forms of Impurity

 

पाषण्डमाश्रितानां च चरन्तीनां च कामतः ।
गर्भभर्तृद्रुहां चैव सुरापीनां च योषिताम् ॥८९॥

pāṣaṇḍamāśritānāṃ ca carantīnāṃ ca kāmataḥ |
garbhabhartṛdruhāṃ caiva surāpīnāṃ ca yoṣitām ||89||

 

Also from women, who have joined a heretic, who behave too freely, who have injured a child in their womb or their husband, and those who drink wine — (89).

 

Medhātithi’s commentary (manubhāṣya):

One who has renounced the scriptures and has taken to wearing such things as the human skull, red garments and so forth, on the bans of heterodox theories of life and morals, is a ‘heretic.’ Those women who have ‘joined’, Such a person, — i.e. who have adopted his distinguishing murks and are under his control.

‘Those who behave too freely.’ — When a woman renounces the customs and usages of her family, and ullowing free scope to her desires, has recourse to one as well as several men, — her behaviour is called ‘free.’

The ‘injury’ to the husband consists in giving him poison etc.; and that to the child in the womb consists in abortion.

‘Those who drink wine;’ — i.e. those who drink what is prohibited.

On this subject some one makes the following observations: —

“The prohibition of wine-drinking is found in the words ‘brāhmaṇo na pibet surām’, (‘the Brāhmaṇa shall not drink wine’); and though the words apply to all members of the caste, yet the particular gender used is indicative of the fact that the prohibition applies to males only, and not to females. Though both the male and the female belong to the same caste, yet there is a distinct difference between the masculine and feminine genders. So that when the text uses the masculine form ‘brāhmaṇaḥ’, what possibility is there of the prohibition applying to the female, who is not mentioned at all? For instance, when it is said that ‘for the sake of a son one should make the Brāhmaṇī drink’ a certain substance, it is not understood to mean that the male Brāhmaṇa should be made to drink it. In the same manner when a text makes use of the masculine form, what it asserts cannot be predicated of females. It is true that in some cases, significance is not meant to be attached to the particular gender used; — e.g., in the text ‘the Brāhmaṇa should not be killed’, where the prohibition is understood to apply to the killing of the female Brāhmaṇa also. But what happens in this latter case is that the direct signification of the Accusative case-ending marks out the ‘Brāhmaṇa’ to be the predominant factor by reason of his being what is most intended to be ‘got at’ by the preadicate; and as a rule in the case of the predominant factor no significance is attached to the gender, or the number or any other factor, except what is expressed by the basic noun itself. E.g. the injunction ‘wash the cup’ is not taken to mean the washing of only one cup. In the case under discussion, however, the prohibitive text is in the form ‘Brāhmaṇena surā nu peyā’ (‘wine shall not be drunk by the Brāhmaṇa’,) where the ‘Brāhmaṇa appears as the Nominative, and as such, an accessory in the fulfilment of the act denoted; so that in the case of the prohibition in the form — ‘The Brāhmaṇa shall not drink wine’ — also, the nominative being denoted by the verb (with its conjugational ending), is expressed by the basic noun (‘brāhmaṇa’) and comes to be taken as something conducive to the fulfilment of the act denoted by the verb; so that the nominative ending in this text is to be construed on the same lines as the Instrumental in the preceding text; and it has to be taken as a subordinate factor. And in connection with a subordinate factor, all that is expressed by the word has to be taken as significant; for instance, in the case of the text ‘paśunā yajeta’, (‘sacrifice with an animal’), it is the male animal that is always sacrificed (and this on account of the Instrumental ending marking out the animal as the subordinate factor).”

Our answer to the above is as follows: — In such cases as the one under consideration whether a certain thing form the predominant or the subordinate factor is not determined by the Accusative or Instrumental case-ending, but upon its being or not being already known. That is to say, what is not already known, that alone can form the subject of the Injunction, and this is to which due significance is meant to be attached; and this for the simple reason that it is denoted by a word which can have no other denotation; while what is already known from other sources, and is mentioned for the sake of the In junction, has to be taken as subserving the purposes of the Injunction in exactly the same form in which it has been denoted by the previous word. In the sentence ‘the Brāhmaṇa should not be killed’, all that the Injunction directly signifies is the prohibition of the act of killing, and everything else (mentioned in the sentence) is such as is already known from other sources. Even so however, due significance has to be attached to what is expressed by the basic nouns (in the sentence), as otherwise, their very use would come to be meaningless. But the gender, the number and other elements, which are denoted by the case-endings, — it is just possible that these are used simply because they are invariable concomitants of basic nouns (which cannot be used by themselves without a case-ending); and hence sometimes these latter are meant to be significant, sometimes not. As regards the killing of the Brāhmaṇa, no man requires to be urged to do it by an Injunction; as he is urged to it by his own hatred of the man he kills; and all men are, by their very nature, prone to do this act But as regards the prohibition of it, unless it were directly enjoined, it could not be got at by any means; specially as it could not be obtained from any other source. So that, since it is not in any way conducive to the fulfilment of an act, nor is it the qualification of anything so conducive, hence, even though it were to be included under the nature of man, it could not be connected with the context. Consequently, for the purpose of connecting it with the context it is necessary to attribute to it the character of the topic; and when the prohibition in question has been made the topic of the Injunction, it is no longer necessary to make the denotation of the verb the topic. Thus then, the topical character having been wrested by the Prohibition, what is denoted by the verb naturally loses that character. The performance of the act (denoted by the verb) is such that its performance is secured through ordinary tendencies (of men); so that for its own accomplishment it does not stand in need of being embraced by any Injunction; and all that it needs is the capacity (and desire) of the man to do the act; and this, act of killing, being got at by other means of knowledge, establishes the man’s capacity for doing the act; so that it is through a qualification of the man that it becomes correlated with the sentence. Thus it is quite in keeping with the theory of words denoting only correlated entities. The act, along with its qualification, thus not forming the topic of this Injunction, man’s tendency to it has to be explained as being due to ordinary wordly causes. As a matter of fact, in the case of killing, such tendency and motive power is present, in the form of the man’s passion; and certainly no restrictions of gender or number pertain to passion; or the activity might be due to the man’s hatred.

From all this it follows that the word, whose denotation does not form the topic of the Injunction, on the ground that it is already known, renounces its denotative power and indicates a sense that is determined by other means of knowledge. And in as much as gender and number are not, even by import, signified by the word, how can any significance be attached to them? It being necessary to speak of what is denoted by the basic noun, it has to be spoken of with the help of some number and it cannot be used entirely by itself; and it is for this reason that gender and number are added.

On the point at issue thus the conclusion is as follows:

The man, who has determined to take upon himself the character of the agent of the act of killing, is urged (by the prohibition) to what is signified by the negative word. So that in a prohibitive sentence, no significance need attach to the use of the Accusative ending, which therefore may be ignored. Even sentences where we find the Instrumental Ending, or even the Nominative — e.g., ‘wine shall not be drunk by the Brāhmaṇa’, or ‘the Brāhmaṇa shall not drink wine’, — what is denoted by them being already got at from other sources, they do not form topics of the Injunction; and hence they are taken as spoken of only by way of reference. In the case where the Accusative comes in as a qualification of the motive, the Nominative and the Instrumental endings are always taken along with the Accusative. Even when the Accusative is directly used, that which is not already known from other sources forms part of the enjoined (predicate), and, as such, is regarded as duly significant; for example in the case of such texts, as ‘bhāryām upagacchet’ (‘one should have recourse to his wife’), ‘apatayam utpādayet’ (‘one should beget a child’) [where due significance attaches to the singular number in ‘wife’ and ‘child’]. The ‘wife’ is not a a thing acquired in the ordinary worldly manner; as she can be acquired only by means of the marriage-rites. Nor is it a thing that has been definitively described in an Injunction, which would strictly restrict it to what is enjoined therein; as there is in the case of such texts as — ‘āśvinam grahṇāti’ (‘holds the cup dedicated to the Aśvins’), ‘maitrāvaruṇam grāhṇāti (‘holds the cup dedicated to Mitra-Varuṇa’), and ‘daśaitānadhvaryurgṛhṇāti’ (‘the Adhvaryu holds these then’) [where the exact character of the cups has been prescribed by the texts laying down the dedication], and the cups taken up are of the precise number mentioned in the texts; consequently, their number being known, they become connected with the in junction of the washing, in sequential accordance with that number. Now in this case, there being no other sentence, and the sentence in question itself being the originative injunction, there are no grounds for rejecting the directly expressed number; so that any rejection of what is expressed by the self-sufficient denotative power of words could proceed only from the mind of man. Similarly in the case of the text ‘paśunā yajeta’ (‘one should sacrifice with an animal’), the Injunction pertains to the sacrifice, which is of the nature of something to be accomplished; so that when we proceed to seek for the means by which it could be accomplished, all that is mentioned in the injunctive text, qualification and all, comes to be regarded as the object of the Injunction; specially because the function of the Injunction cannot be regarded as having been fully fulfilled only by the laying down of what is signified by the root ‘yaji’, ‘to sacrifice’; why, then, should not the words be taken in the sense that is indicated by their own denotation as helped by the denotation of other words connected with them?

Persons versed in the science of “Pramāṇas” however regard the text as a self-sufficient Injunction; and in this they only repeat what has been said by other people. What we have said is easily understandable; and it does not demand any very keen acumen to grasp it. It is the very essence of things. The science is useful only so far as the Injunction is concerned; anything more than that is a mere show of learning, a purely exaggerated description. Such description is of use only in a case where the Injunction does not supply all the information needed; as for instance, in the case of the injunction regarding the ‘laying of pebbles’, there being several articles such as butter, oil, salt and the like, that are helpful towards wetting, — it being doubtful as to which of these is to be used in the wetting of the ‘pebbles’, it is the description (of Butter as ‘longevity itself’) which leads to the conclusion that Butter should be used. Or again, in the case of the ‘Ratri-sattra’, the performance of sacrificial rites during the night being unheard of anywhere else, the subsequent description of the ‘men obtaining honour’ helps to indicate the propriety of such performance by one who is desirous of acquiring honour or fame. In the case in question however the sentence (which in Adh. 11, verses 92 etc. prohibit wine for the Brāhmaṇa) is complete in all respects, at the mention of ‘Brāhmaṇas’; so that all needs having been fulfilled, the only purpose served by the description is ‘commendation.’ It might be argued that what is said under 11.96 is treated on the same footing as the assertion that ‘the sinful man comes by accomplished happiness’, — so that the prohibition of wine-drinking comes to have a footing, though a partial one, as referring to the male only. But there would be no force in this; because females also are entitled to partake of the butter and other substances, which have been left after the offerings to the Gods have been made; and they are permitted to recite Vedic texts also at the Darśa-pūrṇamāsa and other sacrifices; such texts, for instance, as ‘videyakarmāsi, &c., &c.’ Even such Injunctions as ‘one should make the performer of Śrāddhas drink wine’ indicate that wine is permitted for women.

Nor is any such distinction (between male and female) made in the case of ‘Brāhmaṇa-killing.’ So that upon the question here raised, the final conclusion is that the prohibition of winedrinking pertains to the whole caste — (89).

 

Explanatory notes by Ganganath Jha:

(Verse 90 of others.)

This verse is quoted in Hāralatā, which has the following notes: — ‘Pāṣaṇḍamāśṛtāḥ’ applies to both men and women Kāmataścarantyaḥ’ are those who have had intercourse with numberless men, — for all those there are no after-death offerings; — and in Śuddhikaumudī (p. 80).

 

Comparative notes by various authors:

(verses 5.88-89)

See Comparative notes for Verse 5.88.

 

 

VERSE 5.90

Section IX - Other forms of Impurity

 

आचार्यं स्वमुपाध्यायं पितरं मातरं गुरुम् ।
निर्हृत्य तु व्रती प्रेतान्न व्रतेन वियुज्यते ॥९०॥

ācāryaṃ svamupādhyāyaṃ pitaraṃ mātaraṃ gurum |
nirhṛtya tu vratī pretānna vratena viyujyate ||90||

 

The student, carrying his own dead Teacher, or tutor, or father, or mother, or monitor, — does not suffer in his observances. — (90).

 

Medhātithi’s commentary (manubhāṣya):

Some people think that the term ‘his own’ qualifies the ‘Teacher’ only; and it serves to exclude the Teacher’s Teacher, would be thought of as deserving the same treatment, according to what has been said above under 2.205.

Others again explain ‘his own’ as standing for one’s relations.

But in this latter case, it would seem unnecessary to mention the ‘father’ and the ‘mother.’ But it may be explained as emphasising the obligatory character of the rule as regards these particular relations.

‘Monitor’, ‘Guru’, — is one who has been described in 2.149.

There is no harm done to his observances by carrying the dead body of these persons; and what the text means by this specification is that there is interference in the observances by the carrying of the dead bodies of persons other than these — (90).

 

Explanatory notes by Ganganath Jha:

(Verse 91 of others.)

This verse is quoted in Parāśaramādhava (Ācarā, p. 633) to the effect that there is nothing wrong in the Religious Student carrying the dead body of the persons named here; — and in Nirṇayasindhu (p. 391); — in Hāralatā (p. 201) to the effect that when there are no other persons available for carrying the dead body of the Teacher and the rest and perform their cremation, then the person who has undertaken vows and observances may do the needful, and this does not interfere with his observances, — it explains ‘ācārya’ as the person who has done the initiation and taught the entire Veda, the ‘upādhyāya’ is one who has taught a portion of the Veda or the Subsidiary Sciences, and ‘guru’ is the person who expounds the Veda and the Sciences; — and in Saṃskāraratnamālā (p. 294).

 

Comparative notes by various authors:

Viṣṇu (22.86). — (Same as Manu.)

Yājñavalkya (3.15). — ‘The religious student retains his character of religious student even after carrying the dead body of the teacher, the father and the sub-teacher.’

Vaśiṣṭha (Aparārka, p. 884). — ‘The religious students incur the necessity of re-initiation, by the carrying of a dead body, except that of their parents.’

Brahmapurāṇa (Aparārka, p. 884). — ‘The religious student, even while keeping the vows, does not deviate therefrom, if he burns the dead body of his teacher, sub-teacher, preceptor, father or mother.’

Devala (Parāśaramādhava, p. 633). — ‘Tho religious student shall not perform such acts as the burning of the dead body; if he does do it, he shall perform the kṛohchra penance and go through the initiation again.’

 

 

VERSE 5.91

Section IX - Other forms of Impurity

 

दक्षिणेन मृतं शूद्रं पुरद्वारेण निर्हरेत् ।
पश्चिमौत्तरपूर्वैस्तु यथायोगं द्विजन्मनः ॥९१॥

dakṣiṇena mṛtaṃ śūdraṃ puradvāreṇa nirharet |
paścimauttarapūrvaistu yathāyogaṃ dvijanmanaḥ ||91||

 

One should carry the dead śūdra by the southern gate of the city; but the twice-born persons by the western, northern and eastern gates respectively — (91).

 

Medhātithi’s commentary (manubhāṣya):

The term ‘City’ stands for the village &c. also.

This rule applies to those places where there are several gates; the advice pertaining to such persons as may be capable of following it.

The Śūdra has been mentioned first, because it is an inauspicious subject. And this reversal of the order indicates that the term ‘respectively’ indicates that the Vaiśya should be carried by the western, the Kṣatriya by the northern and the Brāhmaṇa by the Eastern gate. — (91)

 

Explanatory notes by Ganganath Jha:

(Verse 92 of others.)

This verse is quoted in Aparārka (p. 870), which adds that the word ‘Nirharaṇīyāḥ’ is to be supplied after ‘dvijātayaḥ’; — and that ‘Yathāyogam’ (for which it reads ‘Yathāvarṇam’) means that the castes are to be taken in the reverse order; i.e., Brāhmaṇa through the eastern the Kṣatriya through the northern and the Vaiśya through the western gate, — this on the strength of a text quoted from the Adityapurāṇa.

It is quoted in Parāśaramādhava (Ācāra, p. 634); — in Nirṇayasindhu (p. 414); — in Śuddhikaumudī (p. 111); — in Smṛtisāroddhāra (p. 216), — and in Hāralatā (p. 119), which notes that the castes are mentioned in the reverse order because the subject spoken of is an extremely inauspicious one, and by adopting this order the writer avoids the use of the epithet ‘dead’ directly in

connection with the higher castes; — it explains ‘Yathāyogam’ as ‘in the inverse order, i.e., the Vaiśya, the Kṣatriya and the Brāhmaṇa respectively’.

 

Comparative notes by various authors:

Hārīta (Parāśaramādhava, p. 634) — ‘The dead body should not he carried towards the village.’

 

 

VERSE 5.92

Section IX - Other forms of Impurity

 

न राज्ञामघदोषोऽस्ति व्रतिनां न च सत्त्रिणाम् ।
अइन्द्रं स्थानमुपासीना ब्रह्मभूता हि ते सदा ॥९२॥

na rājñāmaghadoṣo'sti vratināṃ na ca sattriṇām |
aindraṃ sthānamupāsīnā brahmabhūtā hi te sadā ||92||

 

This taint of uncleanliness does not attach to Kings, or to those keeping a vow, or to the performers of sacrificial sessions; because they occupy the position of sovereigns and are ever of the nature of Brahman. — (92).

 

Medhātithi’s commentary (manubhāṣya):

Though the terra ‘rājan’, ‘king’, is denotative of the Kṣatriya-caste, yet, on account of the reason being stated in the words that ‘they occupy the position of sovereigns’, it follows that it indicates the ruler of countries. This we shall explain fully under the next verse.

‘Those who are keeping a vow;’ — i.e., those who are observing a vow, and undergoing such penances as those of the ‘Cāndrāyaṇa’ and the like.

‘Performers of sacrificial sessions;’ — i.e., those who are performing the ‘Gavāmayana’ sacrifice, or those who have been initiated for the other sacrifices also. Says Gautama (14.1) — ‘For sacrificial priests, for one who has been initiated and for the Student.’

In support of this we have the laudatory statement (in the second line). ‘Position of Sovereigns;’ — i.e., the kings — ‘occupy,’ — maintain, — The ‘position’ — place — ‘of sovereigns’ — of rulers of men; and the other two — the keepers of vows and performers of sacrificial sessions — have attained the character of Brahman.

‘Taint of uncleanliness’ — i.e., impurity.

Others have explained the term ‘Sattriṇaḥ’ to mean persons who are constantly making gifts. But in its primary denotation, the term refers to a particular form of sacrifice. — (92).

 

Explanatory notes by Ganganath Jha:

(Verse 93 of others.)

This verse is quoted in Parāśaramādhava (Ācāra, p. 616).

 

Comparative notes by various authors:

Vaśiṣṭha (19.48). — (Same as Manu.)

Gautama (14.1.45-46). — ‘The Sapiṇḍas become impure by the death of a relative during ton days, except those who are officiating as priests, who have performed the initiatory sacrifice and the religious student. Kings remain always pure, lest their business be impeded, — also the Brāhmaṇa, lest his daily study of the Veda be interrupted.’

Baudhāyana (1.11.1). — ‘Referring to deaths and births, they declare that the impurity of Sapiṇḍas lasts ten days; except for officiating priests, men who have performed the initiatory ceremony of the Soma-Sacrifice, and students of the Veda.’

Viṣṇu (22.48-55). — ‘Nor do kings become impure, while engaged in the discharge of their duties, nor devotees fulfilling a vow; nor sacrifices engaged in a sacrificial performance; nor workmen while engaged in their work; nor those who perform the king’s orders, if the king desires them to be pure; nor can impurity arise during the installation of the monument of a deity, nor during a marriage ceremony, if those ceremonies have already begun; nor when the whole country is afflicted with a calamity; nor in times of public distress.’

Yājñavalkya (3.27.28). — ‘For officiating priests, for those initiated for a sacrifice, for those engaged in sacrificial work, for those engaged in a sacrificial session, for the religious student, for the person engaged in charities, for the knower of Brahman, — also during a marriage, during the giving of charities, during a sacrifice, during war, in times of public distress, and in times of great trouble, — purification is instantaneous.’

Parāśara (3.20-22). — ‘Mechanics, artists, physicians, slaves and slave-girls, barbers, kings and Vedic scholars have been declared to be such as are purified instantaneously; so also the man keeping a penance, one engaged in a sacrificial session and the twice-born person who has taken the Fires. There is no impurity for the king, or for the person for whom the king desires it to cease, or one who is going to engage in battle, or in a charity, or one who is in distress, or the Brāhmaṇa who has been invited.’

Ādipurāṇa (Parāśaramādhava, p. 615). — ‘The work done by the painter and other artists is such as is not known to others; hence in the doing of their own work, they are always pure. The work that is done by the cook is such as is not known to others; hence the cook is always pure. What is done by the physician cannot be done by any one else; hence for purposes of touching, the physician is always pure. The work that the male and the female slaves do with ease, no one else can do; hence they are always pure. The work that the king does — how can any one even dream of doing? Such being the case the king is always pure, in the matter of births and deaths. The driving of elephants and such other works as are done by the royal servants cannot be done by others; hence these are always pure.’

Pracetas (Do.). — ‘Mechanics, artists, physicians, male and female slaves, kings and royal servants are declared to be such as become purified instantaneously.’

Vṛddha-Parāśara (Parāśaramādhava, p. 616). — ‘There is no impurity for kings, or for religious students, persons engaged in sacrificial sessions, persons initiated for a sacrifice, and all those for whom the king wishes it There is no impurity due to birth or death, for those engaged in penance or charity.’

Hārīta (Do., p. 617.). — ‘The Kṣatriya engaged in battle, the Vaiśya seated among cows, the Brāhmaṇa engaged in a sacrificial session and the religious student are always pure.’

Paiṭhīnasi (Do.). — ‘There is no impurity during marriage or sacrifice or trouble or journey or pilgrimage.’

Brahmapurāṇa (Do.). — ‘In the installation of a god’s image, in the performance of a communal sacrifice, during Śrāddha and such rites, or during Pitṛyajña, or in the giving away of the daughter, — there is no impurity.’

Aṅgiras (Do.). — ‘There is no impurity due to birth or death on three occasions — during a sacrificial performance, during marriage and during a sacrifice to gods.’

Kātyāyana (Aparārka, p. 919). — ‘After the Initiatory Ceremony at a sacrifice, and during the performance of the Kṛcchra and other penances, there is no impurity, even on the death of the father. The impurity comes after the completion of the performance and lasts for three days. So also for religious students.’

Jābāla (Do., p. 920). — ‘For the religious student, the king, the ascetic, the artist, the initiated person, during a sacrifice or marriage or a sacrificial session, — there is no impurity,’

Brahmapurāṇa (Do.). — ‘For the priest who has accepted the Honey-mixture in connection with a sacrificial performance, if a cause for impurity arises, it dues not apply to him. So also for the person who has been initiated for a sacrifice, till the Final Bath. Nor is there any impurity for the calm ascetic firm in Vedānta, etc., etc.’

 

 

VERSE 5.93

Section IX - Other forms of Impurity

 

राज्ञो महात्मिके स्थाने सद्यःशौचं विधीयते ।
प्रजानां परिरक्षार्थमासनं चात्र कारणम् ॥९३॥

rājño mahātmike sthāne sadyaḥśaucaṃ vidhīyate |
prajānāṃ parirakṣārthamāsanaṃ cātra kāraṇam ||93||

 

Immediate purification has been ordained for the king on the majestic throne; and the reason for this lies in his occupying that position for the protection of the people. — (93).

 

Medhātithi’s commentary (manubhāṣya):

‘Majestic’ — i.e., that seat whose character is grand, glorious; this ‘majesty’ consists in the fact that it is seated upon this throne that the man is enable to carry on the work of protecting the people; and herein lies his sovereignty over men. This is what is meant by the clause — ‘and the reason for this lies in his occupying that position’; and what this means is that mere caste does not entitle the man to the consideration that the rule implies; what entitles him to it is his work of protecting the people. The term ‘āsana’, ‘position,’ also does not mean here a seat or a couch; it stands for the duties incumbent upon one who takes his seat upon it. It is for this reason that the older writers have explained the present rule to mean that there is no impurity in the case of any person who is capable of protecting the people, even if he be a non-Kṣatriya by caste.

‘For the purpose of protecting the people.’ — The meaning of this is that all the observances relating to impurity are not to cease, but only those that would be incompatible with the proper fulfilment of his duty of protecting the people; for example, the giving of food-grains out of his granary during times of scarcity, and so forth, the performance of rites for the allaying of celestial, atmospheric and terrestrial portents. Further, it becomes incumbent upon the king to attend to such business as may be brought up suddenly by gentlemen; or, when it becomes necessary for him to speak out for the purpose of settling disputes and religious doubts that may arise among twice-born persons in the higher stages of life. — (93).

 

Explanatory notes by Ganganath Jha:

(Verse 94 of others.)

This verse is quoted in Mitākṣarā (on 3.27), in support of the view, that the rule that ‘no impurity attaches to the king’ holds only with regard to such acts of making gifts, receiving and honouring people and hearing suits as are essential for the safety of the people; and it does not apply to the performance of the ‘Five Great Sacrifices’ and other religious acts.

It is quoted in Parāśaramādhava (Ācāra, p. 616); — in Śuddhikaumudī (p. 70), which explains ‘māhātmika sthāna’ as the seat of judgement, in connection with which there can be no impurity; — and in Hāralatā (p. 110) which explains the meaning to be ‘for the king who is occupying the position of God, the Lord of all things’, ‘māhātmikasthāna’, there is immediate purification, — not so for one who has lost his kingdom; as the ground for the immediate cessation of impurity lies in the fact that he occupies the judgment seat when he comes to the work of administering justice and protecting the people.’

 

Comparative notes by various authors:

Vaśiṣṭha (19.47). — (Same as Manu.)

(See above for other texts.)

 

 

VERSE 5.94

Section IX - Other forms of Impurity

 

डिम्भाहवहतानां च विद्युता पार्थिवेन च ।
गोब्राह्मणस्य चेवार्थे यस्य चैच्छति पार्थिवः ॥९५॥

ḍimbhāhavahatānāṃ ca vidyutā pārthivena ca |
gobrāhmaṇasya cevārthe yasya caicchati pārthivaḥ ||95||

 

Also in the case of those killed in a riot or Battle or by lightning or by the king; and of those who have died for the sake of cows and Brāhmaṇas; as also for the person for whom the king desires it. — (94).

 

Medhātithi’s commentary (manubhāṣya):

‘Ḍimba’, ‘Riot’, is fighting done by many people, without weapons; ‘Āhava’ is battle.

In the case of persons killed in these, there is immediate purification.

‘Lightning’ — This has been already explained.

‘Pārthiva’ — the lord of the Earth, who may belong to any of the four castes.

Also in the case of one who, even apart from battle, has been killed in water, or by tusked animals, — for the sake of cows and Brāhmaṇas.

‘Also for the person for whom the King desires it;’ — i.e. the person who has been deputed by him to do a definite work.

Question: — “Why should this be so? In the case of the king himself, immediate purification has been ordained only in reference to his work of protecting the people; how then could the impurity of any and every person, without any restriction, cease merely by the king’s desire?”

[The answer to this is supplied by the next two verses]. — (94).

 

Explanatory notes by Ganganath Jha:

(Verse 95 of others.)

‘Dimbāhava’ — a riot, or a fight without weapons (Medhātithi); — infants’ (Nandana).

This verse is quoted in Aparārka (p. 916), as laying down additional cases for ‘immediate purity’; it explains ‘dimbāhava,’ as ‘weaponless fight’; — in Gadādharapaddhati (Kāla, p. 317), which takes ‘āhavahata,’ ‘killed in battle’ and remarks that this refers to persons who have been killed ‘when fleeing from battle’, as otherwise there would be no justification for the offerings to the dead described in the Mahābhārata.

 

Comparative notes by various authors:

Gautama (14.9-12). — ‘The relations of those who are slain for the sake of cows and Brāhmaṇas become pure immediately; also those of men destroyed by the anger of the king; of those killed in battle; likewise those of men who voluntarily die by starving themselves, by weapons, fire, poison or water, by hanging themselves or by jumping from a precipice.’

Viṣṇu (22.47, 52). — ‘The relatives of those who have been killed by jumping from a precipice, or by fire or by fasting, or by water, in battle, by lightning, or by the king, do not become impure; nor those who perform the king’s orders, if the king wishes them to he pure.’

Yama (Aparārka, p. 907). — ‘The relatives of those killed in a riot, or those of suicides, or of those who have been drowned in river or killed by wild animals, become purified instantaneously.’

Bṛhaspati (Do.). — ‘For the relations of those killed in rots, or by lightning, or by the king, or in the saving of cows and Brāhmaṇas, they have declared instantaneous purification; but some sages have declared that the impurity lasts three days.’

Parāśara (3.29-30). — ‘For the relations of persons who have died for the sake of Brāhmaṇas, or in the saving of prisoners or cows, and those who have died in battle, the impurity lasts for one night.’

Sumantu (Aparārka, p. 917). — ‘For those killed by jumping from a precipice, or by ûre or water, or in battle, — those who die in foreign lands, the renunciate — those killed by fasting, those killed by lightning, or those who have committed suicide by going on the Great Journey, — water-offerings may be made, and the purification is instantaneous.’

Kāśyapa (Do.). — ‘The relations of those killed by fasting or by lightning, or by entering fire or water, by fall from a precipice, or in battle, or in foreign land, — or of embryos, or of infants that have teethed, — are purified in three nights.’

 

 

VERSE 5.95

Section IX - Other forms of Impurity

 

सोमाग्न्यर्कानिलेन्द्राणां वित्ताप्पत्योर्यमस्य च ।
अष्टानां लोकपालानां वपुर्धारयते नृपः ॥९५॥

somāgnyarkānilendrāṇāṃ vittāppatyoryamasya ca |
aṣṭānāṃ lokapālānāṃ vapurdhārayate nṛpaḥ ||95||

 

The King holds in himself the body of the eight guardian deities of the world, of the Moon, the Fire, the Sun, the Wind, Indra, the Lord of Wealth, the Lord of Water, and of Yama. — (95).

 

Medhātithi’s commentary (manubhāṣya):

‘Body’ here stands for a portion of their, effulgence.

‘Lord of Wealth’ — Vaiśravaṇa, Kubera.

‘Lord of Water’ — Varuṇa.

To the same end we have also a second laudatory declaration in the next verse. — (95).

Last Updated: 16 February, 2018

 

 

VERSE 5.96

Section IX - Other forms of Impurity

 

लोकेशाधिष्ठितो राजा नास्याशौचं विधीयते ।
शौचाशौचं हि मर्त्यानां लोकेभ्यः प्रभवाप्ययौ ॥९६॥

lokeśādhiṣṭhito rājā nāsyāśaucaṃ vidhīyate |
śaucāśaucaṃ hi martyānāṃ lokebhyaḥ prabhavāpyayau ||96||

 

The King is possessed by the Lords of the World; no im purity, therefore, has been ordained for him; for the purity and impurity affect mortals and have their origin and end in the worldly regions. — (96).

 

Medhātithi’s commentary (manubhāṣya):

The king is possessed by the said Lords of the World; for him there is no purity or impurity; because the effect of these is only upon mortals; and their origin and end proceed from the world; hence they affect mortals, and not the Lords of the World. — (96).

 

Explanatory notes by Ganganath Jha:

(Verse 97 of others.)

Buhler wrongly attributes to Medhātithi the reading lokeśaprabhāpyayau; the reading really adopted by Medhātithi is lokebhyaḥ prabhāvāpyayau.

 

 

VERSE 5.97

Section IX - Other forms of Impurity

 

उद्यतैराहवे शस्त्रैः क्षत्रधर्महतस्य च ।
सद्यः सन्तिष्ठते यज्ञस्तथाऽशौचमिति स्थितिः ॥९७॥

udyatairāhave śastraiḥ kṣatradharmahatasya ca |
sadyaḥ santiṣṭhate yajñastathā'śaucamiti sthitiḥ ||97||

 

For one who is killed in battle with brandished weapons, in the manner befitting the kṣatriya, sacrificial performances become instantly completed; and so also is the impurity; such is the established law — (97).

 

Medhātithi’s commentary (manubhāṣya):

For one who is killed in battle with brandished weapons, in the manner befitting the Kṣatriya, sacrificial performances become instantly completed; and so also is the impurity; such is the established law — (97).

 

Explanatory notes by Ganganath Jha:

‘Śastra’, ‘weapon’, is that by which people are slain, killed; hence by the present rule, also for the man who is killed by pieces of stone or a club or such other things, sacrificial performances become completed.

‘Āhava’, ‘Battle is so called because in this men are challenged (āhūyante) to fight, through mutual rivalry.

‘Manner befitting the Kṣatriya; — i.e., never turning his back, — fighting in the defence of his people, or under orders from his master.

‘Sacrificial performances’ — such as the Jyotiṣṭoma and the rest; — ‘become instantly completed’ — finished. That is, the man becomes endowed with the merit proceeding from the due performance of the sacrifices.

Impurity also in their case is the same; i.e. it ceases immediately.

Some people construe the term ‘sadyaḥ’, ‘instantly’, with the word ‘killed’; and according to this what is said here would apply to the case of only that man who actually dies on this battle-field, and not to one who is moved away from there and dies on some other day.

This point however is open to question. — (97).

 

Explanatory notes by Ganganath Jha:

(Verse 98 of others.)

‘Yajñaḥ’ — ‘The Jyotiṣṭoma and other similar sacrifices’ (Medhātithi); — ‘the funeral sacrifice’ (Nārāyaṇa).

This verse is quoted in Mitākṣarā (on 3.20), in support of the view that in the case of people dying in battle, there is ‘immediate purity’; — in Madanapārijāta (p. 393), which explains ‘yajñaḥ’ as ‘the offering of the funeral ball and so forth,’ — and ‘Santiṣṭhate’ as ‘completed’; — in Nirṇayasindhu (p. 381), which explains ‘yajñaḥ’ as ‘antyakarma,’ ‘the funeral rite’, which is all done at the same time; — in Śuddhikaumudī (p. 71) which explains ‘kṣatradharmahatasya’ as ‘killed in the forefront of battle’ — ‘yajñaḥ’ as ‘Agniṣṭoma and the like,’ — and ‘santiṣṭhate’ as ‘becomes meritorious’; — and in Smṛtisāroddhāra (p. 229) which explains ‘yajñaḥ’ as ‘the ball-offering and the like’, — and ‘Santiṣṭḥate’ as ‘becomes accomplished’.

 

Comparative notes by various authors:

Yājñavalkya (3. 29). — ‘During the performance of charity, in battle, in sacrificial performances, in times of public disturbance, and under great distress, purification is instantaneous.’

Parāśara (3.30-31). — ‘In this world, two men pierce through the solar orbit — the mendicant firm in Yoga and one killed in the battle-front.’

 

 

VERSE 5.98 [Means of Purification]

Section X - Means of Purification

 

विप्रः शुध्यत्यपः स्पृष्ट्वा क्षत्रियो वाहनायुधम् ।
वैश्यः प्रतोदं रश्मीन् वा यष्टिं शूद्रः कृतक्रियः ॥९८॥

vipraḥ śudhyatyapaḥ spṛṣṭvā kṣatriyo vāhanāyudham |
vaiśyaḥ pratodaṃ raśmīn vā yaṣṭiṃ śūdraḥ kṛtakriyaḥ ||98||

 

The Brāhmaṇa becomes purified by touching water; the Kṣatriya by touching his conveyance and weapons; the vaiśya by touching either the goad or the leading-strings; and the Śūdra by touching the stick, — after he has performed the rite — (98).

 

Medhātithi’s commentary (manubhāṣya):

After the completion of the prescribed period of impurity — of ten days, &c. — there is something more that has got to be done.

‘Touching Water’ stands for bathing, as we have already explained before.

‘After he has performed the rite.’ — This goes with the Kṣatriya and the other two that follow; and the ‘rite’ meant is only bathing, none other being found to have been prescribed. The meaning thus is that, ‘having bathed, they should touch the conveyance and other things.’

Others however explain the term ‘rite’ as standing for the Śrāddha ceremonies; the meaning being that all become pure after having performed the Śrāddha-ceremonies, but the Brāhmaṇa after he has ‘touched water’, and the Kṣatriya and the rest after touching the conveyance and other things. — (98).

 

Explanatory notes by Ganganath Jha:

(Verse 99 of others.)

‘Apaḥ spṛṣṭvā’. — ‘Having touched water; i.e., having bathed’ (Medhātithi, Kullūka and Nārāyaṇa); — ‘washed hands’ (Govindarāja).

This verse is quoted in Mitākṣarā (on 3.29), which adds the following explanation: — ‘Kṛtakriyaḥ’ should be construed with each of the four terms, ‘vipraḥ’, ‘kṣattriyaḥ’, ‘vaiśyaḥ’ and ‘śūdraḥ’; the meaning being — ‘the Brāhmaṇa, having passed through the period of impurity, having performed the rites, and having bathed, becomes pure by touching water with his hands;’ the term ‘spṛṣṭvā’ is to be taken in its literal sense of touching, and not in that of either bathing or sipping water; as it is only the former that would be compatible with the ‘conveyance and weapons’; — it suggests also another explanation: — ‘kṛtakriyaḥ’, ‘after having duly made the offerings of water and other things during the period of impurity, the Brāhmaṇa becomes pure by touching water, this being a substitute for the bathing which is ordained for ending all forms of impurity; and the kṣatriya becomes pure by touching the conveyance and weapons and so forth.’

This verse is quoted in Nirṇayasindhu (p. 427); — in Smṛtitattva (p. 278), which says that “according to Mitākṣarā, ‘kṛtakriyaḥ’ means ‘having bathed at the end of the period of impurity’” — also in II, p. 337 where it refers to the same opinion of Mitākṣarā and quotes Hāralatā as explaining the term to mean ‘having performed the rites of the tenth day;’ — in Śuddhikaumudī (p. 154), which explains ‘kṛtakriyaḥ’ as ‘who has finished the rites of the tenth day’; — in Hāralatā (p. 194) which explains ‘kṛtakriyaḥ’ as ‘who has completed the rites of the tenth day’, and ‘apaḥ spṛṣṭvā’ as standing for the mere touching of water, and not for bathing, ‘pratoda’ as ‘what is known as pāñcnī, ‘raśmi’ as the yoking-rope and ‘yaṣṭi’ as the ‘bamboo stick and so forth’; — and in Smṛtisāroddhāra (p. 226), which explains ‘kṛtakriyaḥ’ as one ‘who has performed’ the bath and other ceremonies at the end of the period of impurity.

 

 

VERSE 5.99 [Impurity in the case of persons beyond the pale of Sapiṇḍa relationship]

Section XI - Impurity in the case of persons beyond the pale of Sapiṇḍa relationship

 

एतद् वोऽभिहितं शौचं सपिण्डेषु द्विजोत्तमाः ।
असपिण्डेषु सर्वेषु प्रेतशुद्धिं निबोधत ॥९९॥

etad vo'bhihitaṃ śaucaṃ sapiṇḍeṣu dvijottamāḥ |
asapiṇḍeṣu sarveṣu pretaśuddhiṃ nibodhata ||99||

 

O Best or Brāhmaṇas, thus has been described to you the purification necesssary in the case of ‘Sapiṇḍa-relations.’ — (99).

 

Medhātithi’s commentary (manubhāṣya):

The two halves of this verse are meant to serve respectively the purpose of recapitulating what has gone before and introducing what is to come. — (99).

Last Updated: 16 February, 2018

 

 

VERSE 5.100

Section XI - Impurity in the case of persons beyond the pale of Sapiṇḍa relationship

 

असपिण्डं द्विजं प्रेतं विप्रो निर्हृत्य बन्धुवत् ।
विशुध्यति त्रिरात्रेण मातुराप्तांश्च बान्धवान् ॥१००॥

asapiṇḍaṃ dvijaṃ pretaṃ vipro nirhṛtya bandhuvat |
viśudhyati trirātreṇa māturāptāṃśca bāndhavān ||100||

 

A Brāhmaṇa, having carried, like a relation, a dead Brāhmaṇa who is not his ‘Sapiṇḍa’ relation, — or the near relatives of his mother, — becomes pure in three days. — (100).

 

Medhātithi’s commentary (manubhāṣya):

‘Like a relative’, — i.e., from a religious motive, and not on payment of wages.

‘Near relatives of his mother’: — the term ‘near’ is meant to include such close relations as the maternal uncle and the like. From this it appears that the term ‘non-sapiṇḍa’ here stands for those who are not ‘samānodaka’, — and not only for all except sapiṇḍa -relations. — (100).

 

Explanatory notes by Ganganath Jha:

(Verse 101 of others.)

This verse is quoted in Mitākṣarā (on 3.14), which deduces the following conclusions from this and the next verse: — If, through affection for the dead, one after having carried the dead body, lives in the house and takes his food there, then he remains impure for ten days; — if he remains in the house but takes no food there, the impurity lasts for three days; — if he only carries the body, but neither remains in the house nor takes food here, then the impurity lasts for one day only; — in Śuddhimayūkha (p.17); — in Smṛtisāroddhāra (p. 220); — in Śuddhikaumudī (p. 59), which explains ‘bandhuvat’ as ‘through affection and adds that if it is done merely as a meritorious act, then there is mere bathing.

It is quoted in Madanapārijāta (p. 413), which notes that the rule pertains to the carrying of the dead body of a person belonging to the same caste as oneself; — in Parāśaramādhava (Ācāra, p. 631), which deduces the same conclusions as Mitākṣarā, and adds that it refers to the dead of the Brāhmaṇa’s own caste; for those of different castes, the rule is laid down by Gautama, that the impurity is to be regulated according to the rules pertaining to that caste; — and in Smṛtitattva (II, p. 293), which explains ‘bandhuvat’ to mean ‘through affection’, and deduces the same conclusions as Mitākṣarā, and adds that in the case of ‘relations’ if one carries the dead body only with a view to acquiring spiritual merit, the man remains impure for three days, even though he may not live in the house or take his food there.

It is quoted in Aparārka (p. 883), which adds that from the rest of the verse it is clear that what is said here applies only to that case where one does not take his food in the house of the dead; — in Hāralatā (p. 82), which has the following notes: — ‘nirhṛtya,’ ‘having carried and burnt,’ — ‘bandhuvat,’ through affectionate regard; — this implies that if it is done by way of helping a helpless person, then this rule is not applicable, — ‘māturāptān,’ uterine brother or sister or maternal uncle and so forth; — and in Gadādharapaddhati (Kāla, p. 320) which adds that this rule applies to ages other than the Kali.

 

Comparative notes by various authors:

Baudhāyana (1.11.32-33). — ‘If one unintentionally touches the corpse of a stranger, he becomes pure by bathing in his clothes; — if he does it intentionally, he remains impure for three days.’

Parāśara (3.39-41). — ‘Those twice-born men who carry the dead body of a Brāhmaṇa who has none of his own, obtain the rewards of sacrifices at each step of the journey (to the cremation-ground); for those men of meritorious acts, there is no sin or impurity, and they become purified immediately by bathing; on carrying and burning the dead body of a Brāhmaṇa who has no sagotra and no relations, one becomes purified by breath-suspension.’

Aṅgiras (Panlśaramadhava, p. 631). — ‘If one somehow carries the dead body of one who is not his sapiṇḍa, he becomes pure the same day by bathing in his clothes and touching fire.’

Parāśara (Aparārka, p 883). — ‘The Brāhmaṇa is not defiled by touching or cremating a dead body; one who carries it, and applies fire to it, becomes pure after bathing.’

 

 

VERSE 5.101

Section XI - Impurity in the case of persons beyond the pale of Sapiṇḍa relationship

 

यद्यन्नमत्ति तेषां तु दशाहेनैव शुध्यति ।
अनदन्नन्नमह्नैव न चेत् तस्मिन् गृहे वसेत् ॥१०१॥

yadyannamatti teṣāṃ tu daśāhenaiva śudhyati |
anadannannamahnaiva na cet tasmin gṛhe vaset ||101||

 

But if he eats their food, he becomes pure in ten days; if however he does not eat their food, he is purified in one day, if he does not dwell in that house. — (101).

 

Medhātithi’s commentary (manubhāṣya):

If he does not eat food, but dwells in the house, then the impurity lasts for three days, as already laid down before. But if he does not eat food, nor dwells in the house, then it lasts for one day only; while if he cats the food, as well as lives in the house, then it lasts for ten days. — (101).

 

Explanatory notes by Ganganath Jha:

(Verse 102 of others.)

This verse is quoted along with the preceding one in Mitākṣarā (on 3.14); — in Madanapārijāta (p. 413); — in Parāśaramādhava (Ācāra, p. 632); — in Smṛtitattva (II, p. 294); — in Aparārka (p. 883), which adds that the term ‘daśāha’ stands for ‘the full period of impurity laid down for each caste’; — in Śuddhikaumudī (p. 59), which says that the rule that ‘if the man does not live in the house, he becomes pure in one day’ implies that if he lives in the house, it will take three days; — in Hāralatā (p. 82), which adds this explanation — ‘If one does not sleep or eat in the house of a person under impurity, he is impure for one day and night, and if he lives in the house but. does not eat there, then for three days’; — in Gadādharapaddhati (Kāla, p. 320), which says this refers to ages other than the Kali; — in Śuddhimayūkha (p. 17), which interprets the rule to mean ‘if one carries the body, lives in the house, but does not eat, then it takes three days, and if he lives in the house and also takes food, it takes ten days’; — and in Smṛtisāroddhāra (p. 220) which says that this applies to cases where the man is of the same caste as the dead person.

 

Comparative notes by various authors:

Viṣṇu (22.8). — ‘He who eats but once the food of Brāhmaṇas or others, while they are impure, will remain impure as long as they.’

Yājñavalkya (3.15). — ‘The religious student shall not eat food of those under impurity: nor shall he dwell with them.’

 

 

VERSE 5.102

Section XI - Impurity in the case of persons beyond the pale of Sapiṇḍa relationship

 

अनुगम्येच्छया प्रेतं ज्ञातिमज्ञातिमेव च ।
स्नात्वा सचैलः स्पृष्ट्वाऽग्निं घृतं प्राश्य विशुध्यति ॥१०२॥

anugamyecchayā pretaṃ jñātimajñātimeva ca |
snātvā sacailaḥ spṛṣṭvā'gniṃ ghṛtaṃ prāśya viśudhyati ||102||

 

Having voluntarily followed a dead person, whether he be a relation or not, he becomes pure by bathing with his clothes on, touching fire and eating clarified butter. — (102).

 

Medhātithi’s commentary (manubhāṣya):

‘Following’ — going after, intentionally. If he happen to follow it by chance, then he need not bathe with clothes on.

Bathing, Touching of fire and Eating of clarified butter, — all these collectively are the means of purification. — (102).

 

Explanatory notes by Ganganath Jha:

(Verse 103 of others.)

This verse is quoted in Mitākṣarā (on 3.26), which explains ‘jñāti’ as ‘mother’s sapiṇḍa’; — in Aparārka (p. 918), which adds that this applies to one who follows the dead body intentionally, and not to one who happens to go with it by mere chance; — and in Vīramitrodaya (Āhnika, p. 212).

This verse is quoted in Śuddhimayūkha (p. 22), which explains ‘jñāti’ as ‘one belonging to the same caste,’ not a sapiṇḍa, and adds that ‘eating of butter’ means fasting.

It is quoted in Smṛtisāroddhāra (p. 225), which explains ‘jñāti’ as ‘mother’s sapiṇḍa’; — in Nityācārapradīpa (p. 332); — in Hāralatā (p. 86) which has the, following notes: — ‘Pretam,’ a Brāhmaṇa dead, — if one intentionally follows he becomes pure by touching fire and eating not butter, this is what is meant, and not that the impurity ceases on this alone, because even without following the dead body, the death of a relative involves an impurity for ten days; the following of a non-relative (‘ajñāti’) however involves only the touching of fire and eating of butter, and no further impurity.

 

Comparative notes by various authors:

Gautama (14.31). — ‘If he has followed a corpse, he shall purify himself by bathing in his clothes.’

Viṣṇu (22.64). — ‘If he has followed the corpse of a twice-born person, he must go to a river and having plunged into it, repeat the Aghamarṣaṇa mantra three times, and then coming out of the water, repeat the Gāyatrī, a hundred and eight times.’

Yājñavalkya (3.26). — ‘If the Brāhmaṇa has followed the corpse of a twice-born person or a Śūdra, he shall become pure by bathing in water, touching fire and eating clarified butter.’

Parāśara (3.42-46). — ‘(Same as Manu 102, then) — If the Brāhmaṇa, through folly, follows the corpse of a Kṣatriya, he remains impure for one day and becomes purified by eating Pañcagavya, — If a Brāhmaṇa, through folly, follows a dead Vaiśya, he remains impure for two nights and after that he should perform six breath-suspensions. If a foolish Brāhmaṇa follow a dead Śūdra, he shall remain impure for three nights and after the lapse of the third night, he shall go to a river that falls into the ocean and having performed a hundred breath-suspensions, and eaten clarified butter, he shall become purified.’

Kūrmapurāṇa (Parāśaramādhava, p. 636). — ‘In the case of a Kṣatriya corpse being followed, purification comes after one day; in that of a Vaiśya one, after two days; and in that of a Śūdra one, after three days, followed by a hundred breath-suspensions.’

 

 

VERSE 5.103

Section XI - Impurity in the case of persons beyond the pale of Sapiṇḍa relationship

 

न विप्रं स्वेषु तिष्ठत्सु मृतं शूद्रेण नाययेत् ।
अस्वर्ग्या ह्याहुतिः सा स्यात्शूद्रसंस्पर्शदूषिता ॥१०३॥

na vipraṃ sveṣu tiṣṭhatsu mṛtaṃ śūdreṇa nāyayet |
asvargyā hyāhutiḥ sā syātśūdrasaṃsparśadūṣitā ||103||

 

One should not have a dead Brāhmaṇa carried by a Śūdra, while his own people are there. For it would be an oblation into fire, defiled by the touch of the Śūdra, and as such not conducive to heaven. — (l 03).

 

Medhātithi’s commentary (manubhāṣya):

‘Have carried’ — have taken out.

‘While his own people are there’ — i.e., men of the same caste. The use of the term ‘oblation into fire’ implies that the body should not also be burnt by the Śūdra.

The specification of the ‘Brāhmaṇa’ is not emphasised; for the Kṣatriya and the Vaiśya also the Śūdra’s touch is defiling; hence what the supplementary statement indicates is that the prohibition applies to the case of these two also. — (103).

 

Explanatory notes by Ganganath Jha:

(Verse 104 of others.)

According to Nārāyaṇa this rule is meant for Brāhmaṇas only; but Medhātithi says that the ‘vipra’ is mentioned only by way of illustration; the rule applies to all the three higher castes.

This verse is quoted in Mitākṣarā (on 3.20); — in Parāśaramādhava (Ācāra, p. 634), which reproduces the remark made in Mitākṣarā that the phrase ‘sveṣu tiṣṭhatsu’ is superfluous, in view of the assertion (in the second half) that the touching of the body by the lower castes is ‘asvargya,’ which would imply that the body should not be so touched, irrespective of the presence or absence of the dead person’s ‘own people’; — and in Śuddhimayūkha (p. 17).

It is quoted in Madanapārijāta (p. 395), which also adds the same remark; — and in Hāralatā (p. 120) which says — ‘sveṣu tiṣṭhatsu’ means that if possible the dead body of a Brāhmaṇa should be carried by Brāhmaṇas alone, in the absence of Brāhmaṇas by Kṣatriyas, even by Vaiśyas in the absence of Kṣatriyas, and by Śūdras only when there are no Vaiśyas — ‘asvargyā,’ this also refers to cases where twice-born persons are available.

 

Comparative notes by various authors:

Viṣṇu (19.1). — ‘One must not cause a dead member of a twice-born caste to be carried by a Śūdra; nor a Śūdra by a twice-born person.’

Yama (Parāśaramādhava, p. 634). — ‘When a sacrificer dies, the Śūdra shall not carry his dead body; that dead person for whom the Śūdra carries fire, grass or wood, remains a ghost for ever and becomes defiled by sin.’

 

 

VERSE 5.104 [Means of Purification for Corporeal Beings (dehin)]

Section XII - Means of Purification for Corporeal Beings (dehin)

 

ज्ञानं तपोऽग्निराहारो मृत्मनो वार्युपाञ्जनम् ।
वायुः कर्मार्ककालौ च शुद्धेः कर्तॄणि देहिनाम् ॥१०४॥

jñānaṃ tapo'gnirāhāro mṛtmano vāryupāñjanam |
vāyuḥ karmārkakālau ca śuddheḥ kartṝṇi dehinām ||104||

 

Wisdom, austerity, fire, food, clay, mind, water, smearing, wind, action, the sun and time are means of purification for corporeal beings. — (104).

 

Medhātithi’s commentary (manubhāṣya):

‘Wisdom’ and the rest are mentioned only by way of illustrating the purification by lapse of time; the sense being — ‘just as these are the means of purification within their own spheres, so is Time also, and the efficacy of this latter should not be doubted.’

Of the several things mentioned here, what is efficatious under what circumstances shall be explained in the present context itself; and the efficacy of other things shall be described in particular places.

‘Wisdom’ — spiritual knowledge; such as is taught by the Sāṅkhya-Yoga. This serves to set aside Ignorance, and removes attachment and other impediments, whereupon wisdom becomes free from all defects. This is what is going to be described under 108, where it is said — ‘Intellect becomes purified by wisdom.’

‘Austerity;’ — the Kṛcchra, the Cāndrāyaṇa and the rest. This serves to remove the taint of major and minor sins.

‘Fire’ — is the means of purification of earthen-ware vessels and such other things as have been mentioned as being ‘purified by re-baking’(121).

‘Food;’ — i.e., the eating of such pure things as milk and roots.

This also serves to purify in the same manner as Austerity.

The fact of ‘clay’ and ‘water’ being the means of purification is well-known, That of the ‘mind’ is going to be described under 108.

‘Smearing;’ — i.e., cleaning and whitewashing with such things as cowdung, lime and the like.

‘Wind’ — purifies pieces of grass and wood lying on the roads, which happen to be touched by the cāṇḍāla and such others.

‘Actions;’ — e. g., the saying of Twilight Prayers and such other rites. It has been declared under 2.102 that ‘one should stand saying the morning prayers, thus he removes the sin committed, during the night’; — what this means we have explained under Discourse II.

Though ‘Austerity’ also is an ‘action’, it has been mentioned separately for the purpose of emphasising its importance. In fact, in the srciptures ‘Austerity’ is generally mentioned separately; e.g. in Yājñavalkya, Ācāra 221 — ‘Karmaniṣṭhāstaponiṣṭhāḥ’ — (104)

 

Explanatory notes by Ganganath Jha:

(Verse 105 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 792); — in Smṛtisāroddhāra (p. 249); — and in Nṛsiṃhaprasāda (Śrāddha, p. 16b).

 

Comparative notes by various authors:

Viṣṇu (22.88). — (Same as Manu.)

Baudhāyana (1.5.52). — ‘Time, fire, purity of mind, water and the like, smearing with cow-dung, and ignorance (of defilement) are declared to be the sixfold means of purification for created beings.’

Yājñavalkya (l.194). — ‘Roads are purified by the rays of the moon and the sun and by the wind.’

Do. (3.30-33). — ‘Time, fire, acts, clay, wind, mind, knowledge, austerity, water, repentance, fasting — all these are causes of purification. For those who do what should not he done, charity is the means of purification; the river is purified by its current; of things requiring purification, it is brought about by clay and water; for the twice-born, renunciation is the purifier; for Vedic scholars, austerities; for the learned, tolerance; for the body, water; for those who have sinned secretly, the repeating of mantras; for the mind, truth; for all living beings, penance and learning; for the intellect, knowledge; for the Conscious Being, the best purification consists in the knowledge of God.’

 

 

VERSE 5.105

Section XII - Means of Purification for Corporeal Beings (dehin)

 

सर्वेषामेव शौचानामर्थशौचं परं स्मृतम् ।
योऽर्थे शुचिर्हि स शुचिर्न मृद्वारिशुचिः शुचिः ॥१०५॥

sarveṣāmeva śaucānāmarthaśaucaṃ paraṃ smṛtam |
yo'rthe śucirhi sa śucirna mṛdvāriśuciḥ śuciḥ ||105||

 

Among all modes of purification, purity in regard to wealth has been ordained to be the most important; for he who is pure in regard to wealth is really pure, and he is not pure who is merely purified by clay and water. — (105).

 

Medhātithi’s commentary (manubhāṣya):

“What is the connection of this in the present context?”

What is meant is that — ‘just as one who, after having paid the of nature, immediately betakes to purifying himself by day and water, — so whenever, through carelessness and mistake, one happens to steal what belongs to others, or to do any such act, — he should immediately betake to the necessary expiatory rites, for the purpose of purifying himself’; — as is going to be explained under Discourse 11. — (105).

 

Explanatory notes by Ganganath Jha:

(Verse 106 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 792); — in Smṛtisāroddhāra (p. 249); — and in Nṛsiṃhaprasāda (Śrāddha, p. 13b).

 

Comparative notes by various authors:

Viṣṇu (22.89). — (Same as Manu.)

 

 

VERSE 5.106

Section XII - Means of Purification for Corporeal Beings (dehin)

 

क्षान्त्या शुध्यन्ति विद्वांसो दानेनाकार्यकारिणः ।
प्रच्छन्नपापा जप्येन तपसा वेदवित्तमाः ॥१०६॥

kṣāntyā śudhyanti vidvāṃso dānenākāryakāriṇaḥ |
pracchannapāpā japyena tapasā vedavittamāḥ ||106||

 

Learned men become pure by tolerance; by liberality those who have done what should not be done; secret sinners by the repeating of sacred texts; and by austerity those who are well-versed in the Veda. — (106).

 

Medhātithi’s commentary (manubhāṣya):

Those who are learned are purified by tolerance; ‘they are never affected by hatred, jealousy or ill-will; hence even when sin is rampant, they remain ever pure. ‘Tolerance’ is the property of the Mind which consists in having the same consideration for all.

Of ‘liberality’ also the efficacy in removing the sin of doing what sought not to be done has been described under 11.139, where it is declared that ‘murder is wiped off by charity’.

In the section dealing with ‘secret sins’ also it has been declared that for the expiation of secret sins, one should repeat the sacred texts.

For persons well-versed in the Veda, ‘austerity’; which, in their case, consists in repeating the Vedic texts and also cultivating knowledge; as it has been declared that — ‘for the Brāhmaṇa, learning is the real austerity’ (11.235). As regards the ‘kṛcchra’ and other penances, they are, means of purification for all men, not only for those versed in the Veda. — (106).

 

Explanatory notes by Ganganath Jha:

(Verse 107 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 792); — in Smṛtisāroddhāra, (p. 249); — in Nṛsiṃhaprasāda, (Śrāddha, p. 13b); — and in Śuddhikaumudī (p. 360).

 

Comparative notes by various authors:

Viṣṇu (22.90). — (Same as Manu.)

Yājñavalkya (3.32.33). — (See above, under 104.)

 

 

VERSE 5.107

Section XII - Means of Purification for Corporeal Beings (dehin)

 

मृत्तोयैः शुध्यते शोध्यं नदी वेगेन शुध्यति ।
रजसा स्त्री मनोदुष्टा संन्यासेन द्विजोत्तमाः ॥१०७॥

mṛttoyaiḥ śudhyate śodhyaṃ nadī vegena śudhyati |
rajasā strī manoduṣṭā saṃnyāsena dvijottamāḥ ||107||

 

What needs purification is purified by clay and water; the river is purified by its current; the woman of uhclean mind by menstruation; and Brāhmaṇas by renunciation. — (107).

 

Medhātithi’s commentary (manubhāṣya):

When the banks of a river with water shallowed down becomes defiled by unclean things, its water becomes purified by the current of the same river, when it has regained its current strong enough to demolish its sides. The brinks of rivers are not purified in the manner in which other ground is purified “by means of five things” (Verse 123).

Or, it may be that the text has declared that ‘the river is purified by its current’ in view of the idea that people may have in regard to the river having become defiled on account of un clean things flowing along its current; and the meaning is that it should not be thought that, inasmuch as the river has become contaminated by the flowing along of unclean things coming from all sides, it can never, become pure.

The woman who has not been found to have had carnal intercourse with any man, but continues to think of the beauty and good qualities of other men, is regarded as ‘of undean mind’, and such a woman becomes purified by ‘menstruation’; i.e.,; by the flow of blood during her courses.

‘Renunciation’ shall be described in Discourse VI, and by this are Brāhmaṇas purified. And no mere mental process removes the sin that they, in their ignorance, may have committed in the shape of having entertained thoughts for the killing of small insects and so forth. — (107).

 

Explanatory notes by Ganganath Jha:

(Verse 108 of others.)

This verse is quoted in ‘Parāśaramādhava’ (Ācāra, p. 536), which adds the following notes: — Some people have understood the last quarter of the verse to mean that it is the Brāhmaṇa only, not the Kṣatriya or the Vaiśya, that is entitled to ‘Renunciation’; and in support of this there are several Śruti and Smṛti texts. — Others however have held that all the four stages are meant for all the twice-born persons; and the texts that prohibit Renunciation for the non- Brāhmaṇa should be understood as prohibiting only the wearing of the dull red garment and the taking of the staff (which have been laid down in connection with the life of the Renunciate).

The verse is also quoted in Parāśaramādhava (Prāyaścitta, p. 116), in support of the view that the woman’s sin of evil intentions is removed by her menstruation — in Smṛtisāroddhāra (p. 249); — in Hemādri (Śrāddha, p. 792); — and in Nṛsiṃhaprasāda (Śrāddha, p. 13b).

 

Comparative notes by various authors:

Vaśiṣṭha (3.58). — (Same as Manu.)

Viṣṇu (22.91). — (Same as Manu.)

Parāśara (7.4). — (Same as Manu.)

Yājñavalkya (3.32). — (See above, under 104.)

Smṛtyantara (Parāśaramādhava, p. 536). — ‘The defects of birth and the evils of one’s deeds, — all these Renunciation burns up.’

 

 

VERSE 5.108

Section XII - Means of Purification for Corporeal Beings (dehin)

 

अद्भिर्गात्राणि शुध्यन्ति मनः सत्येन शुध्यति ।
विद्यातपोभ्यां भूतात्मा बुद्धिर्ज्ञानेन शुध्यति ॥१०८॥

adbhirgātrāṇi śudhyanti manaḥ satyena śudhyati |
vidyātapobhyāṃ bhūtātmā buddhirjñānena śudhyati ||108||

 

The limbs are purified by water; the mind is purified by truthfulness; the soul proper by learning and austerity; and cognition is purified by knowledge. — (108).

 

Medhātithi’s commentary (manubhāṣya):

The ‘personality’ entitled to the performance of acts consists of the following factors —

The person himself, i.e., the Inner Soul,

the Internal Organ, i.e., the mind,

the Intellect

and the Body, the receptacle of experiences.

The Sense-Organs being material, do not constitute a separate factor. Of these factors some are purified by one thing, and some by other; the statement that ‘Time purifies everything’ being purely valedic tory.

‘Limbs,’ standing for the parts, indicate the whole, the body; the sense being that ‘by water’ — i.e., by bathing — ‘the body becomes purified.’

The ‘mind’ — described (in Discourse I) as consisting of ‘the existent and the non-existent’ — becomes contaminated by evil intentions; and it becomes pure by ‘truthfulness’ — i.e., by good intentions. In a previous verse (104) the mind has been spoken of as a ‘means of purification’; but that has to be taken in an indirect sense; and the present text can not mean that ‘words’ (truthful) are the means of purifying the mind; and the Śruti also speaks of ‘the word being prompted by the Mind, whence the word uttered by one who is absent-minded becomes fit for demons and not for the gods.’

‘Learning’ — produced by the proper study of the Sāṅkhya and the Vedānta; — and ‘austerity’ — in the form of the Kṛcchra and the rest; — when endowed by these the ‘soul proper’ becomes purified. The term — ‘bhūta’ (in the compound ‘bhūtātma’) means proper, real; i.e., that which is really the soul, the object of the notion of the ‘ego’ as free from the notion of ‘I’, and not the material entity consisting of the body.

‘Buddhi’ is ‘cognition’ — which is regarded as contaminated when it appears in the form of a thing that is non-existent, or when it does not take any account of the distinction between the real form of the thing cognised and the apparent form in which it is cognised when, during dreams and such conditions, it is obsessed by wrong notions of things; — or ‘Buddhi’ may stand for that faculty of the personality which is the product of the unexpiated portions of his past misdeeds, and which may, by virtue of each single sin committed in the past, beset that personality in the form of Ignorance, appearing in the shape of the notion of diversity, or in the shape of the non-discrimination between the Soul and the material attributes, which operates in the form of attachment to children, wealth and such things, and becomes the source of extreme longings. — This ‘Buddhi’ becomes pure by ‘know ledge;’ — i.e., proper understanding of the means of cognition as indicating the self-luminous character of all cognitions. Cognition is distinct from the Object cognised, by reason of the latter having a shape, and it being impossible for the former to become modified, into that shape; and hence it becomes purified by the conviction that it is, by its very nature, unmodifiable.

The term ‘learning’ in the previous clause stands for the knowledge of what is taught by the Veda; and its capacity for purification is of the same kind as described under 11.246 — ‘as the fire, in one moment, etc.’

Being purified in the above manner, the person reaches the regions of Brahman. Such is the four-fold purification. And what is intended to be expressed is eulogy of such purification as leading to the fulfilment of the highest ends of man in the matter of his births and other ciruumstances. — (108).

 

Explanatory notes by Ganganath Jha:

(Verse 109 of others.)

This verse is quoted in Smṛtisāroddhāra (p. 249); — and in Nṛsiṃhaprasāda (Śrāddha, p. 13b).

 

Comparative notes by various authors:

Baudhāyana (1.8.2. and 31, 27). — (Same as Manu.)

Vaśiṣṭha (3.60). — (Same as Manu.)

Viṣṇu (22.92). — (Same as Manu.)

Yājñavalkya (3.33). — (See above, under 104.)

 

 

VERSE 5.109 [Purification of Substances]

Section XIII - Purification of Substances

 

एष शौचस्य वः प्रोक्तः शरीरस्य विनिर्णयः ।
नानाविधानां द्रव्याणां शुद्धेः शृणुत निर्णयम् ॥१०९॥

eṣa śaucasya vaḥ proktaḥ śarīrasya vinirṇayaḥ |
nānāvidhānāṃ dravyāṇāṃ śuddheḥ śṛṇuta nirṇayam ||109||

 

Thus has been explained to you the rule regarding bodily purification; listen now to the rule regarding the purification of various substances. — (109.)

 

Medhātithi’s commentary (manubhāṣya):

‘Of various things;’ — i.e., of substances that are used by man, in the form of products that are igneous, earthy, liquid, solid, isolated, compact.

This verse points out the difference of what is going to be described from the purification described above. In the foregoing Section the most important purification was shown to be that of the Soul, that of substances deserving attention only because of their being used by the personality; while in the present section the reverse is the case.

‘Listen to the rule’. — This verse is meant to avoid the two sections being comfounded. — (109).

 

Explanatory notes by Ganganath Jha:

(Verse 110 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 805).

 

Comparative notes by various authors:

Viṣṇu (22.93). — (Same as Manu.)

 

 

VERSE 5.110

Section XIII - Purification of Substances

 

तैजसानां मणीनां च सर्वस्याश्ममयस्य च ।
भस्मनाऽद्भिर्मृदा चैव शुद्धिरुक्ता मनीषिभिः ॥११०॥

taijasānāṃ maṇīnāṃ ca sarvasyāśmamayasya ca |
bhasmanā'dbhirmṛdā caiva śuddhiruktā manīṣibhiḥ ||110||

 

Of igneous substances, of gems and of everything made of stone, — the purification has been ordained to be accomplished by means of ash, by water and by clay. — (110)

 

Medhātithi’s commentary (manubhāṣya):

The name ‘Igneous substances’ is applied to all those substances that melt at the contact of fire; e.g. silver, gold, copper, iron, lead, zinc and so forth.

‘Gems’ — things of the nature of the rock-crystal. ‘Ashma’ is stone; and what is made of it is called ‘ashmamaya’.

‘Sarvasya,’ ‘of everything’ — This has been added for filling up the metre; the justification for it being found in there being two kinds of stone — that quarried from mountains and that obtained from river-beds.

‘By ash’; — since both ash and clay serve the same purpose, they are to be regarded as optional alternatives; while ‘water’ is meant to be used along with each of these two.

“What is the use of these?”

The removing of stains and smells. It has been declared that — ‘the purification of the unclean thing consists in the removal of its stains and smell’; — and again‘so long as from the object besmeared with an unclean substance, the odour and stain do not pass off &c. &c.’

Both ash and clay are, by their very nature, non-greasy; hence purification is brought about by these in the case of oily effects.

The ‘purification’ of the ‘impure’ thing consists in making it fit for use by removing its defects.

“If this is so, then it should be necessary to describe in detail the impurity attaching to things — in some such form as ‘such and such a substance becomes impure when in contact with such and such a substance’. — ‘But these are worldly things; and all this would be known from ordinary usage.’ — Not so; because from ordinary usage, the thing is known only in a vague general form. Further in ordinary usage what is called ‘impure’ is only what has become disgusting by being contaminated by urine, ordure and blood; while what is meant by ‘impure’ in the present context is that which is unfit for touching &c.; and it is only from the scriptures that it could be learnt whence this unfitness arises. Then again, a man is called pure when he does not fall into a mistake in regard to what belongs to others. From all this it is clear that no useful purpose can be served from what is thus known, from ordinary usage, regarding the signification of the term in question. Though it is generally known that what has been contaminated is impure, yet it cannot be known by what particular thing a certain thing becomes contaminated. — ‘But how can the exact signification of a term be ascertained from scriptures, when, ‘as a matter of fact, what the scriptures provide is the knowledge of what should be done, and not the meaning of a certain word, which latter is what is done by the work of Pāṇini; that this is so follows from the fact that the Smṛtis of Manu and others are based upon the Veda (which deals only with the Duties of Man)’. — Our answer to this is as follows: — In the case in question, we do infer an injunction in the form — ‘one should not make use of a substance that has become contaminated by such and such a substance’; and there would be nothing incongruous in the notion that the substance by whose contact the thing becomes unfit for use is the cause of contamination. Similarly as regards purification also, we can recognise its basis in some such injunction as — ‘when a thing has become contaminated, it may be used after it has gone through the prescribed process of washing &c.’; and yet such an injunction would not mean that ‘purification should be done’. For if it did this, then, he who would not do it would incur sin. What happens is that in the case of ordinary secular acts, it being possible for the man in need to make use of any kind of vessels, pure or otherwise, — the Scripture lays down the restriction that ‘if need arises, one should make use of such vessels, and not of others If it is to be treated as a restriction, then it would be incumbent upon only one who seeks prosperity; and every other man would be free to do as he chose; just as in connection with the question of the correct forms of words, though the correct and incorrect forms are both equally expressive, yet there is the restriction which indicates that the use of the correct form brings merit, while that of the incorrect form is sinful [and this means that only people seeking merit need use the correct form].’ — This would be true only if there were no text prohibiting the use of unclean vessels. But when there is such a prohibition, how could anyone make use of the vessel that has not been purified? As for the rules regarding purification, these only represent exceptions (to the prohibition of unclean vessels, the meaning being, that if the unclean vessel has been purified, it may be used). How then could there be any prosperity arising from what is a mere exception? Since all that it means is that if one acts according to the exception, he does not incur the sin of transgressing the prohibition.

“Or again, the Smṛti may be taken as dealing with the explanation of the meanings of words, — resembling the Smṛti that deals with the correct and incorrect forms of words. As for the notion that ‘the works of Manu and others have their basis in such Vedic texts as deal with the subject of what ought to be done’, we ask — who has said that this is so? As a matter of fact, our presumption of the basis for the assertions of Manu and others depends upon the merit of each individual case. For instance, in the case of the Aṣṭakā, which is of the nature of a rite, we presume its basis in the form of a Vedic text enjoining what ought to be done; but in a case where the assertion deals with things as they really exist, the corresponding basic text, also must be of the same kind, dealing with an accomplished entity. As regards the subject of the exact meanings of words, the idea regarding the priority of a particular denotation may always be derived from usage; as in this matter there is no question of anything to be done. In the case in question however (where there is a question of something to be done), it is not possible to derive any knowledge from mere usage. Specially because purification being something that can he brought about only by means of Vedic texts, how could it ever be made dependent upon usage? If it were, then all injunctions on the subject would be absolutely futile. — ‘But we have such in junctions as that of Pāṇini, to the effect that one should make use of correct, and not incorrect, forms of words’ (where also there is no act to be done, nothing to be brought into existence).’ — This is not Pāṇini’s injunction at all; all that his rule says is ‘this is correct, not that’; though it is true there is a rule like what has been quoted in the works of the authors of the Dharmasūtras all this may be learnt in detail from the Abhidhānāsara ). — ‘In this Smṛti itself we find such injunctions as that — (1) claimants to property shall divide it in such and such a manner, or that (2) the eldest brother shall take four shares (9.153), or that (3) the eldest brother shall take &c. &c. (9.105). The proper denotation of the injunction has been declared to extend to directing and other factors also.

In fact the denotations of the words are in the form of injunctions and direction, and other factors are only supplementary to the injunctions; for in all these cases the notion derived from the words is in the form of urging to activity (towards a certain end).’ — But what sort of urging could there be in the case (1) of causes and effects, or (2) of the pronouncing of blessings, or (3) of opportunity (all which are sometimes expressed by the injunctive affix)? Nor could the taking (of the four shares, mentioned in the texts just quoted) form the object of an injunction; since it is what is liable to be done by reason of the eldest brother being desirous of taking all he can. — ‘But the desire, of the eldest brother would lead him to take his own as well as the other brothers’ shares, and hence the said injunction serves to restrict what should be taken by each.’ — As a matter of fact however, there being no possibility perceptible of any one demanding more than his prescribed share, there is no room for any restrictive injunction. — ‘Well, on account of the prohibition, the text may be taken as a preclusive injunction. — This would be all right; but in that case, if at the time of division itself, any of the brothers were to take something in excess of his prescribed share, with the acquiescence of his brothers, he would be incurring sin, even though the permission of the brothers would be there. Nor could the text be taken as indicating the man’s ownership over a certain share of the thing concerned; because the coming into existence of ownership has been already mentioned in the injunction of receiving one’s share; and what the prohibition does is to point out that over everything else, apart from the prescribed share, the man has no rights of ownership. But even so, if one were to transgress this prohibition and take possession of an excessive share, his ownership would certainly come into existence. It is for these same reasons that ownership has been held to be produced even by stealing and such acts. And for the time, apart from possession, no such idea is entertained as that this man has no ownership over the thing.

“Thus then, it being found that the text in question cannot be taken either as an Injunction, or a Restriction, or a Preclusion, all that the dividing means is the apportionment of the shares — ‘so much is the share of this person und so much of that.’ Consequently the injunctive in ‘vibhajeran’, ‘should divide’, must indicate opportunity; and that the term ‘should take’ only refers to what actually happens in ordinary worldly practice; just as in the injunction ‘the hungry man should eat’, or ‘for the sake of the acquisition and safeguarding of his property one shall seek the help of the king.’ Gautama has distinctly enumerated (in 10.39) the sources, of ownership as — ‘Inheritance, purchase, &c., &c.’

“Thus then, since we have such direct Smṛti-injunctions as those of the Aṣṭakā and the like (which are something to be done and hence fit subjects for injunction), what is said in them regarding Impurity and Purity can only be taken as laying down something that is entirely of a sanctificatory character; and since this also has its basis in a (Vedic) Injunction, it may be regarded as prescribed by that injunction itself. So that it is only from the scriptures that it can be determined what is impurity and what is purity. For this reason it is necessary that the nature of impurity also should be fully explained.”

Our answer to the above is as follows: — This has been explained under 135 below, where ‘fat, semen, &c.,’ of men have been mentioned as constituting ‘impurities’; and the specifying of ‘men’ is only illustrative, as is clear from other Smṛti -texts, of all such animals as the dog, the cat, the ass, the camel, the monkey, the crow, the village-hog,the village-cock, the rat, the jackal and other carnivorous animals and birds, also nailed animals and the mungoose; and ‘fat’ and the other things include also the flesh and the hair.

What is meant by the declaration of ‘purification’ (in the present verse) is that whenever the substances mentioned become contaminated by urine and such things they have to be sanctified in the manner laid down; and this need not be done when they are to be used in their natural condition. Because gold and other things are not impure by their nature, — when alone they could need purification whenever they would be used.

Or, the verse may be taken as laying down the purification in connection with a visible act, but with a view to an invisible (trancendental) result: just like the laying down of the rule that ‘one should eat facing the East’

In this latter case however, the mention of ‘purification’ would be incongruous.

As for the ordinary clearing and washing of vessels before eating those are done on account of usage, and not by virtue of the Smṛti-rule regarding purification (which pertains to only such articles as have become defiled by the touch of the unclean thing).

As regards the other things that are ‘untouchable’ by man — such, for instance, as the Cāṇḍāla and the like — or garlic, onion, wine, meat and so forth, — these also are sources of defilement of substances.

What particular form of purification shall be used in the case of the contamination by what unclean thing, — for this it is necessary to look out for usage and other Smṛti-texts. Details on this point have been.‘supplied by Hārīta, Āpastamba, Parāśara and other sages; but all these passages we have not quoted here, for fear of having to write too much, in the manner of the philosophical writer Chandragomin. — (110).

 

Explanatory notes by Ganganath Jha:

(Verse 111 of others.)

This verse is quoted in Aparārka (p. 255), which explains ‘taijasāni’ as ‘gold and the rest;’ — in Mitākṣarā (on 1.183), which remarks that this pertains to vessels that are soiled; — that there is to be option between ‘ash’ and ‘clay,’ but either of these has to be combined with ‘water,’ — in Nṛsiṃhaprasāda (Śrāddha, p. 15b); — in Hemādri (Śrāddha, p. 805); — and in Śuddhikaumudī (p. 305).

It is quoted in Parāśaramādhava (Prāyaścitta, p. 134), which remarks that this pertains to soiled vessels; — in Smṛtitattva (p. 432) to the effect that eating out of a stone dish is permitted; — and in Nityācārapradīpa (p. 96).

 

Comparative notes by various authors:

Gautama (1.29-31). — ‘As regards the purification of things, objects made of metal must be scoured, those of clay should be thoroughly heated by fire, those of wood must be planed and those of yarns should be washed. — Objects made of stone, jewels, shells or mother-o’pearl must be treated like metallic objects.’

Baudhāyana (1.8.32, 46, 47). — ‘Defiled objects made of metal must be scoured with cow-dung, earth and ashes, or with one of these: — conch-shells, horn, pearl-shells, and ivory with a paste of yellow mustard; or they may be cleaned with milk.’

Bo. (1.14.45). — ‘Vessels made of metal must be washed, after having been scrubbed; the materials to be used for scrubbing arc cow-dung, earth, ashes and the like.’

Āpastamba (1.17.11). — ‘A vessel made of metal becomes pure by being scoured with ashes and the like.’

Vaśiṣṭha (3.49-51). — ‘Objects made of metal must be scoured with ashes; those made of clay should be thoroughly heated by fire; those of wood should be planed, and those of yarns should be washed. Stones and gems should be treated like objects made of metal; conch-shells and pearl-shells like gems.’

Yājñavalkya (1.182, 183). — ‘Of vessels and cups made of gold, silver, conch-shell, of stones, vegetables, ropes, roots, fruits, cloth, bamboo, and leather — as also of other vessels of wood, etc., — purification is accomplished by means of water.’

Devala (Aparārka, p. 254). — ‘Vessels not touched by liquids are purified by water; those touched by liquids are regarded as purified only when they are free from fatty stains and odour.’

Hārīta (Aparārka, p. 254). — ‘Gold, silver, conch-shells and pearl-shells are purified by water; if these are defiled to the extent of being discoloured and losing their properties, then they should be cleaned with the flour of barley, wheat, beans, lentils and cow-dung; copper-vessels are cleansed by acids and salts; vessels of Kāṃsya by ashes; iron-vessels by being scrubbed with stone, oil and sand; vessels made of gems are cleansed by scrubbing with stone and washing.’

Āpastamba (Do.). — ‘Vessels of kāṃsya are cleansed by the ten alkalies.’

Śaṅkha (Do.). — ‘A kāṃsya -vessel should not be heated; it becomes purified by being washed twenty-one times. Vessels of Kāṃsya, lead and zinc are purified by hot water. Kāṃsya and iron are cleansed by alkalies; iron-vessels are purified by heating, also by ashes and cow-dung. Vessels made of stone are cleansed by heating, scrubbing and also by water; those of wood, by planing; also by earth, cow-dung and water.’

Uśanas (Do., p. 255). — ‘Vessels of gold, silver, copper, lead, zinc and kāṃsya are cleansed by water mixed with ashes; those of metals in general, if defiled, are cleansed by washing with ashes three times. Gold, gems, silver, conch-shells, pearl-shells and stones, as also diamonds, bamboo, ropes and leather, are purified by water. Vessels of clay and weapons are heated for purification.’

Kāśyapa (Do.). — ‘Ivory, horn, conch-shell, pearl-shell and gems are cleansed by sand.’

Yama (Do.). — ‘Silver, gold, copper, lead, iron, Kāṃsya and zinc are purified by ashes.’

Ṛṣyaśṛṅga (Do.). — ‘Pearls and corals are purified by washing; also vessels made of conch and other shells, and also of all kinds of stone.’

Viṣṇu (Do.). — ‘Things made of copper, lead or zinc are purified by acid and water; — all things made of metal are cleansed by being washed with ashes and water twenty-one times.’

Smṛtyantara (Aparārka, p. 255). — ‘Vessels of kāṃsya are cleansed by ashes, if they have not been touched with wine; if so touched, they can be cleansed only by heating and scrubbing; copper is cleansed by acids if it has not been touched with flesh; if so touched, it can he cleansed only by being heated over again.’

Ādipurāṇa (Do., p. 256). — ‘Things made of gold, silver, conch-shells, shells and gems, — also those made of kāṃsya, iron, copper, lead and zinc, — if they are not smeared, — become cleansed with simple water.’

Śātātapa (Do.) — ‘Gold, silver, copper, lead, iron and zinc are cleansed by being scrubbed with stone,’

 

 

VERSE 5.111

Section XIII - Purification of Substances

 

निर्लेपं काञ्चनं भाण्डमद्भिरेव विशुध्यति ।
अब्जमश्ममयं चैव राजतं चानुपस्कृतम् ॥१११॥

nirlepaṃ kāñcanaṃ bhāṇḍamadbhireva viśudhyati |
abjamaśmamayaṃ caiva rājataṃ cānupaskṛtam ||111||

 

A golden vessel, free from stains, becomes pure by water alone; so also what is produced in water, what is made of stone and what is made of silver, if it is not enchased (or verse much defiled). — (111).

 

Medhātithi’s commentary (manubhāṣya):

This rule applies to two particular metals, gold and silver, when they are free from stains; as for other metals, copper and the rest, their cleansing is to be done with washing with powdered bricks and such things, just as in the case of their bring defiled by leavings of food. There is no stain in a vessel in which milk or water has been drunk. As regards the case where parts of the vessel become stained by the leavings of meat, butter, milk and such things, the author is going to lay down distinct means of cleansing — ‘By that from which they sprang &c.’ (113). Then again, since the text has spoken of the removal of ‘smells and stains’, we should make use of such cleansing substances as may be capable of removing a particular stain; and it is not necessary to make use of ash and water in all cases. Hārīta mentions several such cleansing substances, as ‘powdered wheat, rice, peas, barley, kidney-bean and lentil’; and he proceeds to say — ‘even when gold and silver vessels are not stained, if they have been touched by a Cāndāla, or by a menstruating woman, they should be cleaned with ash twenty-one times.’

Śaṅkha however has declared thus — ‘Of metal vessels defiled by a dead body or blood or semen or urine or ordure, there should be either alteration or scrubbing or washing twenty-one times with ash’. There should be ‘alteration’ in the case of vessels long immersed in urine &c.; ‘alteration’ means the destruction of the original name and form and the bringing about of another shape and name; — ‘scrubbing’ means scratching with a sharp weapon or with stone.

Another Smṛti-text has prescribed’ (l) melting, (2) heating and (3) hammering.’ — When the vessel has been put into the melting-pot by the goldsmith, it becomes pure ‘burning’, i.e., being pat into fire by goldsmiths ‘hammering i.e., heating and then placing on the anvil and hammering, in the melting-pot it bring declared that ‘all mines are pure.’

‘What is produced out of water’ — the conch-shell, the rock-crystal and the like. For the stained conch-shell there is purification by the paste of white mustard, or by cow’s-urine and water, or by milk. We read in another Smṛti — ‘The couch-shell is purified by water; if it is defiled and oily, then by milk and water, and by the paste of white mustard.’

‘Anupaskṛtam’ ‘enchased’, i.e., the chasings in which are not filled (with unclean things), not very much defiled. This goes with every one of the things mentioned; hence in the case of every one of these being defiled with the touch of dry unclean things or of the caṇḍāla and the like, — even though there be no stain, — the purification is to be as described before, in accordance with other Smṛti-texts. — (111).

 

Explanatory notes by Ganganath Jha:

(Verse 112 of others.)

This verse is quoted in Madanapārijāta (p. 446), which explains ‘anupaskṛtam’ as ‘not chased’, i.e., ‘the chasings whereof do not retain any such unclean thing as wine, food leavings and so forth’; — in Hemādri (Śrāddha, p. 805); — in Parāśaramādhava (Prāyaścitta, p. 134), which explains ‘anupaskṛtam’ as ‘unsoiled,’ and ‘abjam’ as ‘the conch and such things’; — in Nṛsiṃhaprasāda, (Śrāddha, p. 15b); — in Aparārka, (p. 254), which explains ‘anupaskṛtam’ as ‘the chasings wherein are not filled with copper or other metals’; — in Mitākṣarā, (on 1.193), which explains ‘anupaskṛtam’ as ‘akhātapūritam’ (the term used by Medhātithi), i. e., ‘the chasings in which are not filled in’; — in Nityācārapradīpa, (p. 96), which explains ‘nirlepam’ as absolutely unsoiled; — and in Śuddhikaumudī, (p. 305), which explains ‘abja’ as ‘conches, shells and the like,’ — ‘ca’ as including glass-vessels, and ‘anupaskṛtam’ as ‘not chased or otherwise modified.’

 

Comparative notes by various authors:

(verses 5.111-112)

Baudhāyana (1.8, 33, 46, 47). — ‘Copper, silver and gold must be cleansed with acids, — conch-shells, horn, pearl-shell and ivory, with a paste of yellow mustard; or they may he cleansed with milk.’

Vaśiṣṭha (3.61, 62). — ‘Gold is purified by fire alone; likewise silver.’

Viṣṇu (23.7). — ‘Objects made of gold, silver, shells, or gems, when not smeared, are cleansed with water.’

Yājñavalkya (1.182). — (See above, under 110.)

Parāśara (7.25-30). — ‘Iron things are cleansed by being scrubbed with iron; lead by heating in fire; vessels made of ivory, bone, horn, silver and gold, as also gems, stones and conch-shells, one should wash with water; in stone however, scrubbing also should be done; earthenware is cleansed by heating in fire; grains by water sprinkled on them; things made of bamboo, tree-bark, linen, cotton cloth and woolen cloth, are purified by washing. For muñja grass and things made of it, winnowing basket, jute, fruits and leather, grasses, wood and ropes, sprinkling with water has been prescribed. Cotton-beds and pillows, red-coloured cloths and the ? become pure by being dried over fire and then sprinkled with water.’

Mārkaṇḍeyapurūṇa (Parāśaramādhava, p. 134). — ‘Vessels and men are purified by water; metal things are cleansed by washing with water and scrubbing with stone.’

 

 

VERSE 5.112

Section XIII - Purification of Substances

 

अपामग्नेश्च संयोगाद् हैमं रौप्यं च निर्बभौ ।
तस्मात् तयोः स्वयोन्यैव निर्णेको गुणवत्तरः ॥११२॥

apāmagneśca saṃyogād haimaṃ raupyaṃ ca nirbabhau |
tasmāt tayoḥ svayonyaiva nirṇeko guṇavattaraḥ ||112||

 

Gold and silver sprang out of the union of water and fire; for these reasons the purification of these two is best done by means of their source. — (112.)

 

Medhātithi’s commentary (manubhāṣya):

This is a purely commendatory description.

In the series of commendatory passages beginning with the words ‘agnirvai varuṇam’ and ending with ‘abhyākāmyata’, the origin of gold and silver has been described; the meaning of which is that — ‘Agni approached Varuṇa, i.e., water, in the manner of a male approaching a female, and had sexual intercourse with it, and out of this sprang gold and silver.’

For this reason the purification of these is done by means of their ‘source’; i.e., by fire when there is much defilement, and algo by water.

Another reading is ‘Sayonyā’; in which case the meaning is ‘by that which has the same source as themselves’, i.e., by ash. And in accordance with this view cleansing by means of clay is also sometimes permitted.

The ‘purification is best done’. — (112).

 

Explanatory notes by Ganganath Jha:

(Verse 113 of others.)

This verse is quoted in Nṛsiṃhaprasāda (Śrāddha, p. 15b); — in Hemādri, (Śrāddha, p. 802); — and in Nṛsiṃhaprasāda (Śrāddha, p. 15a).

 

Comparative notes by various authors:

(verses 5.111-112)

See Comparative notes for Verse 5.111.

 

 

VERSE 5.113

Section XIII - Purification of Substances

 

ताम्रायस्कांस्यरैत्यानां त्रपुणः सीसकस्य च ।
शौचं यथार्हं कर्तव्यं क्षाराम्लोदकवारिभिः ॥११३॥

tāmrāyaskāṃsyaraityānāṃ trapuṇaḥ sīsakasya ca |
śaucaṃ yathārhaṃ kartavyaṃ kṣārāmlodakavāribhiḥ ||113||

 

Of copper, iron, brass, pewter and tin, the purification should be done, according to suitability, by means of alkaline substances, of liquid acids and of water. — (113).

 

Medhātithi’s commentary (manubhāṣya):

‘According to suitability’. — According to what may be suitable to a particular thing; i.e., that substance should be used for cleaning which is best fitted to remove the dirt from the object to be cleaned. It is for this reason that in another Smṛti we find it stated that — ‘things made of tin and lead are to be cleansed by means of cow-dung and chaff.’ Similarly — ‘Brass-articles smelt by the cow, or defiled by the food-leavings of the Śūdra, or defiled by dogs and cows become cleansed by means of alkaline substances.’ It is with a view to this that we have the various varieties of alkalines, such as those prepared out of gruel, or of pomegranates and so forth. — (113).

 

Explanatory notes by Ganganath Jha:

(Verse 114 of others.)

This verse is quoted in Mitākṣarā (on 1.190); — in Hemādri (Śrāddha, p. 805); — and in Śuddhikaumudī, (p. 305), which explains ‘Kṣāra’ as ‘ashes’ — ‘amlodaka’ as the juice of lemon and such things, this latter goes with ‘tāmra’ and ‘kṣārodaka’ with rest , — washing goes with all, — ‘yathārham’ sufficient to remove dirt and soiling.

 

Comparative notes by various authors:

Baudhāyana (1.8.33). — (See under 111.)

Vaśiṣṭha (3.58, 63). — ‘A woman is purified by her courses, a river by its current, brass by ashes, and earthenware by heating again. Copper is cleansed by acids.’

Viṣṇu (23.25, 26). — Vessels of copper, bell-metal, tin and lead are cleansed with acidulated water; — vessels of white copper and iron with ashes.’

Yājñavalkya (1.190). — ‘Tin, lead and copper are cleansed by acids and water and ashes; hell-metal and iron by ashes and water; a liquid substance by over-flowing.’

Brahmāṇḍapurāṇa (Aparārka, p. 269). — ‘Liquid substances should he made to overflow with water; grains, vegetables, roots and fruits should he washed with water, after throwing away the defiled portion.’

Śaṅkha (Do.). — ‘Clarified butter and oil should be melted; milk should be flooded over; vessels should be washed with water; as also vegetables, fruits and roots... There is no defilement for curds, clarified butter, milk and Takra when those are contained in large vessels.’

Laugākṣi (Do.). — ‘Milk, curds and their preparations are purified by being placed in another vessel; also by being flooded over, or passed though cloth or heating on fire.’

Yama (Do.). — ‘Raw meat, clarified butter, honey, oils of fruits — these are impure while contained in vessels belonging to Mlecchas, but pure as soon as taken out of those vessels.’

Vṛddha-Śātātapa (Do., p. 270). — ‘For clarified butter and oils, heating; for milk, flooding; curd and thickened milk are purified by throwing out the defiled part.’

 

 

VERSE 5.114

Section XIII - Purification of Substances

 

द्रवाणां चैव सर्वेषां शुद्धिरुत्पवनं स्मृतम् ।
प्रोक्षणं संहतानां च दारवाणां च तक्षणम् ॥११४॥

dravāṇāṃ caiva sarveṣāṃ śuddhirutpavanaṃ smṛtam |
prokṣaṇaṃ saṃhatānāṃ ca dāravāṇāṃ ca takṣaṇam ||114||

 

For all liquids, purification has been declared to consist in throwing out a little; for solids, in sprinkling; and for wooden articles, in scraping. — (114).

 

Medhātithi’s commentary (manubhāṣya):

‘Liquids’ — Substances that have the tendency to flow; e.g., clarified butter, oil, gruel and so forth; when small quantities of these, — not more than a seer — are defiled by the cow and other things, — their purification is done by means of, ‘utpavana’, — i.e., the removal or throwing away, of a portion of the original contents. In another Smṛti-text it has been declared as follows: — ‘Utpavana is done by means of two blades of Kuśa, with the hymn — ‘pavamānaḥsuvarjanaḥ, &c.’

Others have explained ‘utpavana’ to mean ‘make to overflow’; the meaning being that another similar substance is to be poured into the defiled liquid till the vessel becomes filled to overflowing and a portion of the liquid flows out.

What is here prescribed is to be done in the case of direct contamination.

In the case of small quantities, the liquid has to be thrown away.

When, on the other hand, it is the vessel that is contaminated — and there is no direct defilement of the liquid itself — it should be removed into another vessel. In the case of liquids becoming contaminated by the contact of food-leavings, it has been declared ‘clarified butter should be placed in water and Vedic mantras recited’; and it is clear that the things have to be poured into another vessel, which latter is to be placed in water; for if the oil itself were placed in water, it would not remain fit for use. Similarly in the case of clarified butter also.

The said ‘utpavana’ is meant for liquids. But when liquids come into contact with urine and other unclean things, to this extent that their own odour and colour cease to be perceptible, — they have to be thrown away.

As regards such liquids as have been boiled, Śaṅkha has prescribed re-boiling also.

This same purification pertains to even urine and other unclean liquids, when they are to be used by the Śūdra and others. But in this case ‘utpavana’ would mean only ‘overflowing’. As Vaśiṣṭha has said — ‘for things on the ground it is like water’.

‘Solids’ — hard substances; such as cooled clarified butter, curds, sugar-candy, cakes and the like. In the ease of these, if the portion that is defiled is thrown away, the remainder becomes purified. Śaṅkha has declared — ‘In the case of dry substances, by the removal of contamination’.

Or, the term ‘saṃhatāḥ’ may stand for things composed of several components; such as, couch, seat, bed and the like, which are composites, composed of homogeneous as well as heterogeneous constituents.

But in all cases, purification is obtained by the removal of contamination.

In the case of contact with a dead body, or with unclean things that have dried up, that part which has come into direct contact with such things is to be washed and the rest of the thing is to be sprinkled with water.

In the case of wooden articles — i.e., things made of wood only, such us a scat, a board and the like made of wood — if these are contaminated by the touch of a dead body, or a cāṇḍāla or Śūdra, — there should be scraping.

Others hold that scraping is to be done only when the thing touches Ordure; in which case, the stain and the smell have got to be removed by scraping, and the rest of the thing is to be washed and sponged with clay and water.

On contamination by a dog and such things, there should be washing, as in the case of ordure.

In the case of the wooden bed and such things made up of wood and ropes &c (and not of wood only), purification is secured as in the ease of ‘solids’ or ‘composites’. — (114).

 

Explanatory notes by Ganganath Jha:

(Verse 115 of others.)

‘Utpavanam’ — ‘Throwing away of a portion’ (Medhātithi); — ‘pouring another liquid into the vessel to overflowing, so that some of the original contents flow out’ (‘others’ in Medhātithi); — ‘passing through it of two blades of kuśa-grass’ (Kullūka, Govindarāja and Rāghavānanda); — ‘straining through cloth’ (Nārāyaṇa).

This verse quoted in Mitākṣarā (on 1.190), which explains ‘utpavanam’ as ‘pouring over a piece of cloth so that foreign source of impurity may be strained out — and in Smṛtitattva (II, p. 297) which, reading ‘utplavanam’, explains it as ‘removing the insect or such other foreign substances by straining the liquid through cloth’; — in Hemādri (Śrāddha, p. 805); — and in Nṛsiṃhaprasāda, (Śrāddha, p. 16a).

 

Comparative notes by various authors:

Gautama (1.29). — (See under 110.)

Baudhāyana (1.8.35). — ‘Objects made of wood must be planed.’

Baudhāyana (1.13.26). — ‘Wooden vessels touched by impure men shall be scraped.’

Baudhāyana (1.14.16, 17). — ‘Sour milk and preparations of milk arc purified by pouring them from one vessel into another; in like manner, let him pour oil and clarified butter, which have been touched by impure persons, into water, and then use them.’

Āpastamba (1.17.12). — ‘A wooden vessel becomes pure by being scraped.’

Vaśiṣṭha (3.49). — ‘Objects made of wood should be planed.’

Viṣṇu (23.27, 29, 30). — ‘Wooden articles, by planing; many things in a heap by sprinkling water; liquids by straining.’

Yājñavalkya (1.190). — (See above, under 153.) (See other texts under 113.)

 

 

VERSE 5.115-116

Section XIII - Purification of Substances

 

मार्जनं यज्ञपात्राणां पाणिना यज्ञकर्मणि ।
चमसानां ग्रहाणां च शुद्धिः प्रक्षालनेन तु ॥११५॥

चरूणां स्रुक्स्रुवाणां च शुद्धिरुष्णेन वारिणा ।
स्फ्यशूर्पशकटानां च मुसलौलूखलस्य च ॥११६॥

mārjanaṃ yajñapātrāṇāṃ pāṇinā yajñakarmaṇi |
camasānāṃ grahāṇāṃ ca śuddhiḥ prakṣālanena tu ||115||

carūṇāṃ sruksruvāṇāṃ ca śuddhiruṣṇena vāriṇā |
sphyaśūrpaśakaṭānāṃ ca musalaulūkhalasya ca ||116||

 

During sacrificial performance there should be cleaning of the sacrificial vessels; the purification of spoons and cups is accomplished by washing; — (115)

The purification of the ‘Caru’, the ‘Sruk’ and the ‘Sruva’ is done by means of hot water; as also of the ‘Sphya’, the winnowing basket, the cart, the pestle and the mortar. — (116).

 

Medhātithi’s commentary (manubhāṣya):

These two verses are to be taken as citing examples in illustration of what has been laid down in the Śruti.

When the cups, the spoons and other sacrificial vessels have been used in one performance, they become smeared with clarified butter and other offering-materials employed at that performance; and with a view to avoid the contamination of the fresh performance by such stains and smearings, these have to be removed by means of hot water; and this cleansing has to be done in the manner prescribed for each case: sometimes by hand, sometimes by kuśa-grass, sometimes by the threads at the end of one’s garment, and so on.

The purification here mentioned is in connection with sacrificial performances; in the event of the vessels becoming defiled with food-leavings etc., the cleaning is to be done in the same manner as in the case of ordinary vessels. In as much as we have the Vedic declaration — ‘they do not become unclean by Soma’. — it is understood that in the case of other defilements, the ordinary purification is to be done.

The exact shapes of the ‘graha’ the ‘chamasa’ and the ‘sphya’ are to be ascertained from persons versed in sacrificial lore. — (115-116).

 

Explanatory notes by Ganganath Jha:

(verse 5.115)

(Verse 116 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 805); — and in Śuddhikaumudī, (p. 310), which explains ‘graha’ as ‘a particular vessel used at sacrifices.’

(verse 5.116)

(Verse 117 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 805); — and in Śuddhikaumudī (p. 310), which explains ‘carūṇām’ as ‘things smeared with boiled rice,’ — ‘Sruk sruva and other vessels’ as smeared with oily substances, — ‘sphya’ as ‘a particular kind of ladle used at sacrifices.’

 

Comparative notes by various authors:

(verse 5.115)

Parāśara (7.2). — (Same as Manu.)

Baudhāyana (1.8.50, 51). — ‘The cups and vessels used at sacrifices are cleansed according to the injunction: — the Veda declares that they do not become impure through Soma.’

Baudhāyana (1.13.30-32). — ‘Purification by washing with Kuśa-grass and water is prescribed at the Agnihotra, the Gharmocchiṣṭa, the Dadhigharma, the Kuṇḍapāyināmayana the U tsar jināmayana, the Dākṣāyaṇa sacrifice, the Ardhodaya, the Catuścakra, and the Brahmandanas; — also at all Soma-sacrifices, the cups should be cleansed with water only on the Mārjālīya mound; if these cups are defiled by urine, ordure, blood, semen and the like, they must be thrown away.’

Āpastamba (1.17.13). — ‘At a sacrifice, vessels should he cleansed according to Vedic injunctions.’

Viṣṇu (23.8-11). — ‘Stone cups and vessels used at Soma-sacrifices are cleansed with water: — sacrificial pots, ordinary wooden ladles, and wooden ladles with two collateral excavations are cleansed with hot water. Vessels used for oblations are cleansed by rubbing them with hand (with Kuśa-blades) at the time of the sacrifice. Sword-shaped pieces of wood for stirring the boiled rice, winnowing baskets, implements used for preparing grain, pestles and mortars are cleansed by sprinkling water over them.’

Yājñavalkya (1.182-183). — (See under 110 and further.)

Do. (1.185). — (Same as Manu)

(verse 5.116)

Parāśara (7.3). — (Same as Manu.)

Viṣṇu (23.2-11). — (See under 115.)

Yājñavalkya (1.183, 184). — ‘Caru, sruk, sruva and greasy vessels are cleansed with hot water; the Sphya, the Śūrpa, the skins and grains, as also pestles, mortars and carts and heaps of cloth and grains heaped together, — are cleansed by sprinkling water over them.’

Baudhāyana (1.13.26). — ‘Wooden vessels touched by impure man shall he scraped.’

Laugākṣi (Aparārka, p. 259). — ‘Large quantities of things, touched by Caṇḍālas and others, are purified by sprinkling water; a small quantity of grain should be washed; but rice,??? small quantity, should be thrown away.’

Baudhāyana (Do.). — ‘Grains are purified by sprinkling water; vegetables, roots and fruits by water; or by removing just the defiled portion, or by removing the chaff.’

Viṣṇu — ‘Of uncooked grains, one should throw away just that quantity which has been defiled, and the rest should be threshed and washed.’

 

 

VERSE 5.117

Section XIII - Purification of Substances

 

अद्भिस्तु प्रोक्षणं शौचं बहूनां धान्यवाससाम् ।
प्रक्षालनेन त्वल्पानामद्भिः शौचं विधीयते ॥११७॥

adbhistu prokṣaṇaṃ śaucaṃ bahūnāṃ dhānyavāsasām |
prakṣālanena tvalpānāmadbhiḥ śaucaṃ vidhīyate ||117||

 

Of grains and cloth, in large quantities, there is sprinkling with water; and in small quantities, their purification has been ordained to be secured by means of washing with water. — (117).

 

Medhātithi’s commentary (manubhāṣya):

Grains are declared as to be regarded to be ‘in large quantities’ when they are more than one ‘droṇa’ in weight (about thirty-two seers). Others hold that they are to be regarded as ‘much’ in relation to particular men and to particular time and place; e.g., for one who is in a poor condition, even a ‘kudava’ (a quarter seer) may be ‘much’; similarly under certain conditions, grain is regarded as ‘much’, only when there is a large accumulation. Says Baudhāyana (Dharmasūtra 1.5.47) — ‘One shall employ the method of purification after having duly considered the place, time, the man himself, the substance, the use to which ft is going to be put, its origin and condition.’

Some people would apply the same rule to cloth also.

Though things have been declared to be ‘many’ when they are three and more, yet, since the text has used the plural number in the term ‘alpānām’, ‘those in s mall quantities’, we take it that upto (and including three), they are to be regarded as of ‘small quantity’.

‘With water’ (in the second time) — This is purely illustra tive; hence the doth is to be washed with that liquid which may be able to remove the contamination that has defiled it. This has been already explained before. The term ‘sprinkling’ has been used for the purpose of emphasising the use of water, the sense being that‘the sprinkling is to be done with water only.’ It is on account of this difference that the term ‘with water’ has been used twice.

If even by washing the stain in the cloth does not go, then that much of it should be cut off, or the whole should be cut off, — as laid down by Gautama (1-33). — (117).

 

Explanatory notes by Ganganath Jha:

(Verse 118 of others.)

This verse is quoted in Mitākṣarā (on 1.184), which adds that when a lager portion of the heap is defiled, then the whole lot should be washed; while if a smaller portion only is defiled, then that small quantity should be washed; — in Madanapārijāta (p. 453), which adds that what is indicated by ‘bahūnām’ ‘large quantities’, is that quantity which is more than what can be carried by one man; — in Parāśaramādhava (Prāyaścitta, p. 136); — in Smṛtitattva (II, p. 297); — in Hemādri (Śrāddha, p. 805); — in Nṛsiṃhaprasāda (Śrāddha, p. 166); — in Śuddhikaumudī (p. 310); — and in Smṛtisāroddhāra, (p. 248), which notes that ‘bahutva’, ‘largeness of quantity’, is to be determined by the consideration of what can be carried by one or more men.

 

Comparative notes by various authors:

Parāśara (7.28-29). — (Same as Manu.)

Gautama (1.29). — (See under 15.)

Baudhāyana (1.8.42). — ‘Cotton cloth is cleansed by earth.’

Baudhāyana — (1.13.11). — ‘Clothes defiled by urine, ordure, blood, semen and the like shall be cleansed with earth, water and the like.’

Baudhāyana (1.14.11, 12). — ‘If unhusked rice has been defiled, it must he washed and dried; — hut a large quantity should he sprinkled with water.’

Vaśiṣṭha (3.49). — ‘...cloth made of yarns should be washed.’

Viṣṇu (23.13, 14, 18). — ‘A large quantity of anything is cleansed by sprinkling water; — so also grain, skins, ropes, woven cloth, things made of bamboo, thread, cotton and clothes — when there are large quantities of them; when in small quantities these are cleansed by washing.’

Yājñavalkya (1.184). — (See under 116.)

 

 

VERSE 5.118

Section XIII - Purification of Substances

 

चैलवत्चर्मणां शुद्धिर्वैदलानां तथैव च ।
शाकमूलफलानां च धान्यवत्शुद्धिरिष्यते ॥११८॥

cailavatcarmaṇāṃ śuddhirvaidalānāṃ tathaiva ca |
śākamūlaphalānāṃ ca dhānyavatśuddhiriṣyate ||118||

 

The method of purifying leather and tree-barks is similar to that of clothes; and for vegetables, roots and fruits, the purification is like that of grains. — (118).

 

Medhātithi’s commentary (manubhāṣya):

‘Leather’, — i.e., goat-skins and such other skins as are touchable; and not the skin of the dog, the jackal or such animals as are by their nature unclean.

The same rule holds good regarding also things made of the said leather, in the shape of shoes, armour and the like.

In the present context, wherever Che original constituent cause is mentioned, it includes the product also; and vice versa. So that the rule laid down in connection with ‘wooden articles’ is applicable to wood also. Vaśiṣṭha, having described the purification of wooden articles, proceeds to speak of ‘wood, bone and earth’; and if the cause did not include its product, how could the author apply the purification (prescribed for wooden articles) and not for w ood ) to the wood? In fact the inclusion of the product by the cause is only right, since the notion of the latter does not certainly cease in regard to the former.

‘Vaidala’ stands for the bark of trees and other like things.

In another Smṛti-text this same purification in laid down for feathers, kuśa, skins, chowries, grass, cane, hair, and tree-bark’ — Here ‘feather’ stands for the peacock’s feathers, and things made of them, such as umbrellas, hair ornaments and so forth; — the term ‘pavitra’ stands for kuśa, and also for doth made of kuśa; — the term ‘grass’ stands for palm-leaves; according to the assertion that ‘the palm is known as the king among plants’; and the part of the wood (i.e., ‘ṭrna’, which is part of ‘tṛṇarāja’) denotes the whole, like the term ‘deva’ denoting the name ‘Devadatta’; — ‘hairs’ — i.e., of the cow, the horse and the goat, not of man; as the latter, when fallen from the body, are untouchable; for in the present context all the purification mentioned pertains to cases where a thing has been defiled by the touch of another substance, and not where the thing is unclean by its very nature; that this is so is indicated by the fact that exactly the same purification has been laid down for cloth and grain.

Vegetables have to be dealt with in the same manner as grains. That is just as sprinkling and washing are the means of purifying grains, while they are still in the form of grains, and have not undergone embellishment by means of thumping and the like acts, — so also are they for the purifying of vegetables also. Hence the present rule pertains to uncooked vegetables only. As for cooked vegetables, even though they are spoken of as ‘vegetables’, yet some other method of purification has to be found for them; as it has been said — ‘by clean water and by the flame of fire’ and be forth. For vegetables taken out of large heaps, as also for gruel, cow’s milk and the rest, sprinkling and heating on fire hate been specially laid down by Hārīta; — and similarly, for all grains in pods, scrubbing and pounding and so forth.

All this is for the purpose of removing all doubts in the event of their being touched by foot, as it has been said that ‘all things in large quantities are pure.’ — (118).

 

Explanatory notes by Ganganath Jha:

(Verse 119 of others.)

‘Vaidalānām’ — ‘Objects made of the bark of trees and such things’ (Medhātithi and Govindarāja); — ‘made of split bamboo’ (Kullūka).

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 139); — in Hemādri (Śrāddha, p. 805); — and in Śuddhikaumudī (p. 311) which explains ‘Vaidalānām’ as ‘things made of split bamboo’, which are purified like cloth, — and ‘dhānyavat’ as ‘large quantities by sprinkling water and small quantities by washing’.

 

Comparative notes by various authors:

Gautama (1.33). — ‘Ropes, bamboo-chips, and leather are cleansed like garments.’

Baudhāyana (1.8.36, 38, 43). — ‘Objects made of bamboo should be cleansed with cow-dung — skins of black deer with bel, nut and rice. Other skins shall he treated like cotton- cloth.’

Baudhāyana (1.13.13). — ‘Deer-skins are cleansed like garments made of bark.’

Vaśiṣṭha (3.53). — ‘Ropes, bamboo-chips and leather are cleansed like cloth.’

Viṣṇu (23.14, 15, I8). — ‘Grain, skins, ropes, woven cloth, things made of bamboo, thread, cotton, clothes are cleansed by sprinkling water; — also pot-herbs, roots, fruits and flowers. When in small quantities, they are cleansed by washing.’ Yājñavalkya (1.182). — (See under 110.)

Parāśara (7.29). — ‘Things made of Muñja grass, winnowing baskets, roots, fruits and skins — as also of grass and wood and ropes, should be sprinkled with water.’

Vyāsa (Parāśaramādhava, p. 140). — ‘Cloth is purified by earth and water; as also ropes and bamboo-chips. If ropes and other things are very much defiled, just that portion should be thrown away which has been defiled.’

Uśanas (Do.). — ‘Roots, fruits, flowers, land, grass, wood, straw, and grains should be sprinkled with water.’

 

 

VERSE 5.119

Section XIII - Purification of Substances

 

कौशेयाविकयोरूषैः कुतपानामरिष्टकैः ।
श्रीफलैरंशुपट्टानां क्षौमाणां गौरसर्षपैः ॥११९॥

kauśeyāvikayorūṣaiḥ kutapānāmariṣṭakaiḥ |
śrīphalairaṃśupaṭṭānāṃ kṣaumāṇāṃ gaurasarṣapaiḥ ||119||

 

Of Silken and woolen stuffs, by means of saline earth; of blankets by soap-berries; of ‘aṃśupaṭṭa,’ by the Bel-fruit; and of linen by white mustard. — (119).

 

Medhātithi’s commentary (manubhāṣya):

‘Uṣa’ is saline earth.

The ‘soap-berry’ and other things mentioned are well-known.

When the stuffs spoken of are stained by an oily substance, they have to be rubbed over with the powder of the things mentioned, and then washed.

‘Silken-stuff’, ‘kauśeya’, is a particular kind of doth; so also the ‘aṃśu-paṭṭa’; the ‘āvika’, is woolen stuff. In connection with this latter Hārīta has declared that ‘woolen articles are purified by the sun.’ But this should be understood as pertaining to such stuffs as are constantly worn, and hence come into contact with the bodies of several persons; and not when they have become defiled by foreign contamination.

By reason of all these being ‘cloth’, it might be thought that ‘sprinkling and washing’ would be the means of purifying them; and the present text prescribes the methods for moving the stains of oil, &c.

‘Kṣauma’, ‘Linen’, includes jute stuff also. (119).

 

Explanatory notes by Ganganath Jha:

(Verse 120 of others.)

‘Aṃśupaṭṭa’ — ‘Cloth made of thinned bark’ (Govindarājā, Nandana and Nārāyaṇa); — ‘women’s garments made of fine cloth’ (Kullūka and Rāghavānanda).

This verse is quoted in Parāśaramādhava, (Prāyaścitta, p. 138), which describes ‘āvika’ as ‘kambala, blanket’, — ‘kauśeya’ as ‘silk’, — ‘aṃśupaṭṭa’ as netrapaṭa — ‘ariṣṭa’ as ‘the fruit of the Putrajīva berry’, — ‘kutapa’ as ‘a particular kind of blanket made of the wool of goats common in the, regions of Avantī (Ujjain) (or var: lec: in mountainous regions); — and in Hemādri (Śrāddha, p. 805).

 

Comparative notes by various authors:

Baudhāyana (1.8.39-42). — ‘Blankets of goat-wool, with areca nuts; — cloth of sheep’s wool by the sun’s rays; — linen-cloth with paste of yellow-mustard; — cotton-cloth with earth.’

Vaśiṣṭha (3.55). — ‘Linen-cloth, with paste of yellow mustard.’

Viṣṇu (23.19-22). — ‘Silk and wool with saline earth; — blankets of goat-wool, with the fruits of the soap-plant; — clothes made of bark, with bel fruit; — linen, with white sesamum.’

Yājñavalkya (1.186-187). — ‘Woolen and silk cloths are cleansed by saline earth, water and cow’s urine; Aṃśupaṭṭa ?? bel fruits; blankets by soap-berries; linen with white mustard; earthenware by re-heating.’

Devala (Aparārka, p. 261). — ‘Wools, silks, blankets, linen and cloth are easily cleansed by drying and sprinkling; if they have been tainted by impure tilings, then by things specifically prescribed for the cleaning of each of them.’

Hārīta (Do., p. 262). — ‘All clothes are cleansed by washing — cotton and jute, with saline earth and ashes; linen and woolen, with berries of Putrañjīva; skins, with Putrañjīva berries and saline earth; leather is cleansed like cloth; leather-vessels should he painted.’

Aṅgiras (Do.). — ‘Woolen cloths are cleansed by curd-water, ant-earth, and mustard; heavy woolens by being rubbed with oil, flour, and Kulmāṣa grains.’

 

 

VERSE 5.120

Section XIII - Purification of Substances

 

क्षौमवत्शङ्खशृङ्गाणामस्थिदन्तमयस्य च ।
शुद्धिर्विजानता कार्या गोमूत्रेणौदकेन वा ॥१२०॥

kṣaumavatśaṅkhaśṛṅgāṇāmasthidantamayasya ca |
śuddhirvijānatā kāryā gomūtreṇaudakena vā ||120||

 

The learned man should purify conch-shells, horn and things mads of bone and tusk, like linen; and by c ow’s urine or water. — (120).

 

Medhātithi’s commentary (manubhāṣya):

The ‘bone’, ‘horn’ and ‘tusk’ meant are those of the touchable animals, — the cow, the sheep end the elephant, — and not of such animals as the dog, the ass and the like.

‘Water’ and ‘cow’s urine’ are optional alternatives; while the use of ‘white mustard’ is to be combined with either of these. — (120).

 

Explanatory notes by Ganganath Jha:

(Verse 121 of others.)

This verse is quoted in Aparārka (p. 260); — in Nityācārapradīpa (p. 99); — in Parāśaramādhava Prāyaścitta, p. 138); — and in Hemādri (Śrāddha, p. 805).

 

Comparative notes by various authors:

(See the texts under 110.)

Gautama (1.30-31). — ‘Stone, jewels, shells and mother-o’-pearl should be scoured; — articles of hone and clay should bo planed.

Baudhāyana (1.8.45-47). — ‘Bones should be cleansed like wood (by planing); conch-shells, horn, pearl-shells and ivory should be cleansed like linen (with paste of yellow mustard).’

Vaśiṣṭha (3.50-52). — ‘Stones and gems (like metals) should be scoured with ashes; so also conch-shells and pearl-shells; objects made of hone should he planed.’

Viṣṇu (23. 23). — ‘Things made of horns, hone or teeth should be cleansed with sesamum.’

Yājñavalkya (1.185). — ‘Wood, horn and bones and things made out of fruits should he scoured with brush made of the hairs of the cow’s tail.’

Yama (Aparārka, p. 261). — ‘Vessels made of gourd and wood and bamboo-chips, when very much defiled, should????? given up.’

Parāśara (7.28). — ‘Things made of bamboo, tree-bark, linen and cotton cloth, woolen and jute are purified by sprinkling water.’

Aṅgiras (Parāśaramādhava, p. 138). — ‘Woolen things are purified by air, fire and sun’s rays; they are not defiled by the touch of semen or of a dead body.’

 

 

VERSE 5.121

Section XIII - Purification of Substances

 

प्रोक्षणात् तृणकाष्ठं च पलालं चैव शुध्यति ।
मार्जनौपाञ्जनैर्वेश्म पुनःपाकेन मृण्मयम् ॥१२१॥

prokṣaṇāt tṛṇakāṣṭhaṃ ca palālaṃ caiva śudhyati |
mārjanaupāñjanairveśma punaḥpākena mṛṇmayam ||121||

 

Grass and wood and straw become pure by sprinkling; the house by sweeping and sprinkling; and an earthen pot by re-baking. — (121).

 

Medhātithi’s commentary (manubhāṣya):

‘Palāla’, ‘straw,’ is the name applied to corn-stalks used in the making of mats and such other things

‘Grass’, — i.e., kuśa, ordinary grass, and so forth.

“In connection with the mention of ‘wooden articles’ (114), it has been remarked that the mention of the product implies the cause also; under the circumstances, why should ‘wood’ be mentioned in the present verse?”

It is mentioned for the purpose of emphasising the fact that sprinkling alone is what should be done. And it is in virtue of this that until the cause contamination is very serious, people do not have recourse to scraping the wood. In the event of its being touched fay the Cāṇḍala and such unclean persons, the purification is brought about ‘by means of the rays of the sun, of the moon and. wind’; but in the case of things made of wood, — such as the ladle and the like, — if the contamination is slight, people desirous of using them in connection with food &c., should have recourse to sprinkling and scraping.

‘Sweeping’ — is the dealing of the house, which consists in removing of the stains of smoke and such things.

‘Smearing’ — i.e., rubbing the floor with cow-dung, lime or some such thing.

All this should be understood to be necessary in the ‘case of the whole wall of the house becoming defiled by the touch of a dead body, a cāṇḍala, a menstruating woman and such persons; while in the case of only a portion of the wall being defiled, only that part should be smeared. Bat in the case of defilement by a dead body falling on the roof, walls should be scraped, rays of the sun should be made to enter the house, and the inside should be exposed to flames of fire; and in some cases re-building also has been laid down. All this comes under the term ‘clearing’.

Of earthen articles, there should be ‘re-baking’. That is, when it has been touched by a man with unwashed mouth, it shall be heated on fire; actual rebaking is to be done only in the case of its bring defiled by such undean things as a wine-keg and the like. When however it is touched by the wine itself, it should be thrown away. This is what has been thus declared by Vaśiṣṭha (3.59) — ‘An earthen article is not purified by rebaking, if it has been touched by wine, mine, ordure, spittings, pus and blood’. — (121).

 

Explanatory notes by Ganganath Jha:

(Verse 122 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 805; — in Nityācārapradīpa (p. 100); — in Śuddhikaumudī (pp. 311 and 306); — and in Kṛtyasārasamuccaya (p. 83), which explains ‘upāñjanam’ as ‘smearing’.

 

Comparative notes by various authors:

Viṣṇu (23.56). — ‘A house is purified by scouring it with a broom, and smearing the ground with cow-dung, and a book by sprinkling water over it. Land is cleansed by smearing it with cow-dung.’

Gautama (1.29). — ‘Metals should he scoured; things made of clay should be thoroughly heated by fire; those of wood should be planed; and cloth made of yarns should be washed.’

Baudhāyana (1.8.34). — ‘Earthen vessels must be heated.’

Baudhāyana (1.13.21-25). — ‘Grass placed on unconsecrated ground should he washed; grass defiled out of one’s sight should he sprinkled; small pieces of fuel should be purified in the same manner; large pieces of wood should be washed and dried; but a large quantity of wood should be sprinkled with water.’

Baudhāyana (1.14.1, 2). — ‘Earthen vessels touched by impure persons must he exposed to the fire of kuśa grass; those defiled by stains of food-leavings should be exposed to another burning.’

Āpastamba (1.17.9, 10). — ‘If he eats out of an earthen vessel, he shall eat out of one that has not been used; if he gets a used vessel, he shall use it after having heated it thoroughly.’

Vaśiṣṭha (3.49, 58). — ‘Objects of metal should be scoured with ashes; those of clay should be thoroughly heated by fire; those of wood should he planed and cloth made of yarns should be washed. They quote the following: — “A woman is purified by her courses, a river by its current, brass by ashes, and an earthen pot by another burning.”’

Viṣṇu (23, 16, 18, 33). — ‘Grass, fire-wood, dry cow-dung and leaves arc cleansed by sprinkling of water; these same when defiled without stains, by washing, when there is a small quantity of them; earthen vessels are cleansed by a second burning.’

Yājñavalkya (1.187-188). — ‘Earthenware is cleansed by a second burning; the ground is purified by sweeping, burning and lapse of time, by cows walking over it, by sprinkling and scraping. The house is cleansed by sweeping and smearing.’

Uśanas (Aparārka, p. 263). — ‘Earthenware smeared with food-leavings should be washed; those touched by such leavings should be sprinkled.’

Devala (Do. 7, p. 265). — ‘The ground is cleansed in five ways — by digging, by burning, by smearing, by washing and by rain.’

Yama (Do.). — ‘The ground is purified in seven ways — by digging, by filling, by burning, by rain, by smearing, by cows passing over it and by lapse of time; ground is pure everywhere except whore it bears perceptible traces of impurity.’

Baudhāyana (Do.). — ‘When a house has been defiled by the touch of a corpse, its walls should be scraped, sun’s rays should be made to enter it and it should be touched by burning fire. Solid ground should be smeared; that with holes should he ploughed over; wet ground should have all impurities removed and then covered over.’

Saṃvarta (Do.). — ‘When a house has been defiled by the presence of a dead body in it, all earthen vessels and cooked food should be thrown away; then it should be smeared with cow-dung, and goats should be made to smell it, then the whole of it should be sprinkled by Brahmaṇas with kuśa and water.’

Marīci (Aparārka, p. 266). — ‘If an outcast enter a house, it is purified by smearing; if he dwells in it, then it should be burnt or demolished.’

 

 

VERSE 5.122 (a)

Section XIII - Purification of Substances

 

मद्यैर्मूत्रैः पुरीषैर्वा ष्ठीवनैः पूयशोणितैः ।
संस्पृष्टं नैव शुद्ध्येत पुनःपाकेन मृत्मयम् ॥१२२ (१)॥

madyairmūtraiḥ purīṣairvā ṣṭhīvanaiḥ pūyaśoṇitaiḥ |
saṃspṛṣṭaṃ naiva śuddhyeta punaḥpākena mṛtmayam ||122 (1)||

 

An earthen vessel which has been defiled by spirituous liquor, urine, ordure, saliva, pus or blood cannot be purified by another burning. — (122) (1).

Note: Above is an alternate translation by George Bühler.

 

Explanatory notes by Ganganath Jha:

[madyairmūtraiḥ &c. — which forms verse 123 in Kullūka (and also in Buhler and Burnell) — is not treated as Manu’s text by

Medhātithi and Govindarāja, — both of them quoting it as from Vaśiṣṭha (3-59). — It is quoted, however, as ‘Manu’ in Aparārka (p. 263); — in Mitākṣarā (on 1.191); — in Madanapārijāta (p. 449) to the effect that, if an earthenware pot happen to be defiled by the contact of the things mentioned it should be thrown away; — in Śuddhikaumudī (p. 306); — and in Smṛtisāroddhāra (p. 244)].

 

Comparative notes by various authors:

not treated as Manu’s Text, by Medhātithi.

Vaśiṣṭha (3.59). — (Same as Manu.)

Gautama (1.34). — ‘Objects that have been very much defiled should be thrown away.’

Baudhāyana (1.8.49). — ‘Non-metallic objects defiled by urine, ordure, blood, semen or a dead body must be thrown away.’

Baudhāyana (1.14.3). — ‘Earthen vessels defiled by urine, ordure, blood, semen and the like must be thrown away.’

Viṣṇu (23.5). — ‘Vessels made of wood or earthenware must be thrown away.’

 

 

VERSE 5.122

Section XIII - Purification of Substances

 

संमार्जनौपाञ्जनेन सेकेनौल्लेखनेन च ।
गवां च परिवासेन भूमिः शुध्यति पञ्चभिः ॥१२४॥

saṃmārjanaupāñjanena sekenaullekhanena ca |
gavāṃ ca parivāsena bhūmiḥ śudhyati pañcabhiḥ ||124||

 

By cleaning and smearing, by sprinkling and by scraping, and by the lodging of cows — by these five land become purified. — (122).

 

Medhātithi’s commentary (manubhāṣya):

Sprinkling — with cow’s urine or water; or by milk, as laid down in some books.

‘Scraping.’ — Scratching with some weapon and then throwing away the scraped earth, according to Gautama’s direction that ‘of land there should be throwing away’ (1.32).

‘By these five.’ — This re-iteration is with a view to indicate that the methods may be used singly or collectively. ‘Smearing without ‘cleaning’, is a means of purifying a spot which is not supplied with a dust-inn. If the ground is stained with urine or ordure, there should be scraping and sweeping. In the case of river-banks and forests, there should be sprinkling with water.

‘Lodging of cows’ — making the land a cow-pen for a single day.

All this should be done in the case of land lying near the cremation-ground. In the case of land containing bones and skull, a portion of the earth should be taken out and thrown away to another place; also where all these may not be visible, but where their existence and subsequent appearance may be suspected. — (122).

 

Explanatory notes by Ganganath Jha:

(Verse 124 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 821).

 

Comparative notes by various authors:

Devala (Aparārka, p. 265). — (See under 121.)

Yama (Do.). — (See under 121.)

Baudhāyana (1.9.11). — ‘Land becomes pure, according to the degree of defilement, by sweeping, by sprinkling, by smearing with cow-dung, by scattering pure earth over it, and by scraping.’

Baudhāyana (1.13.16-20). — ‘If solid earth is defiled, it should be smeared with cow-dung; loose earth is cleansed by ploughing; — moist earth by bringing pure earth and covering with it; land is purified in four ways — by being trod on by cows, by digging, by lighting fire on it and by rain falling on it, — fifthly by smearing it with cow-dung and sixthly, through lapse of time.’

Gautama (1.32). — ‘Scattering earth over it is a method of purifying land.’

Vaśiṣṭha (3.56). — ‘Land becomes pure according to the degree of defilement, by sweeping, by smearing with cowdung, by scraping, by sprinkling and by heaping earth on it.’

Vaśiṣṭha (?.57). — (Same as Manu.)

Yājñavalkya (1.188). — ‘The ground is purified by sweeping, burning and lapse of time, by cows walking over it, by sprinkling and scraping.’

 

 

VERSE 5.123

Section XIII - Purification of Substances

 

पक्षिजग्धं गवा घ्रातमवधूतमवक्षुतम् ।
दूषितं केशकीटैश्च मृत्प्रक्षेपेण शुध्यति ॥१२३॥

pakṣijagdhaṃ gavā ghrātamavadhūtamavakṣutam |
dūṣitaṃ keśakīṭaiśca mṛtprakṣepeṇa śudhyati ||123||

 

What has been eaten by a bird, what has been smelt by a cow, blown upon, or sneezed at, or defiled by hair and insects, becomes pure by scattering earth. — (123).

 

Medhātithi’s commentary (manubhāṣya):

The use of the term ‘eaten’ indicates that the text pertains to food.

‘By birds’ — i.e., parrots and other birds that are eatable — what has been eaten out of (rendered a ‘leaving’). This does not apply to what may have been eaten by the crow, the vulture and other such birds; as in connection with this extensive expiatory rites have been prescribed under the text ‘what has been licked by a bird &c., &c.,’ which lays down the expiration to be performed in the case of food which, by itself, is quite pure. Thus it is that there is no purification for food that has been eaten out of by the cow, in connection with the eating of which a similar elaborate expiation has been laid down. Though such may be the law, yet it is necessary to find out other Smṛti-texts and usage bearing upon the subject. As a matter of fact, when food, larger in quantity than ten cupfulls, has been defiled by the crow and other such birds, what cultured people do is to throw away just that portion of it that has been touched, and make use of the remainder after having purified it; but if it is less than ten cupfulls, they throw it away. Here also the peculiar circumstances of each case have to be taken into consideration.

In another Smṛti-text, food defiled by the black birds has also been prohibited.

‘Blown upon’ — with breath from the mouth, or over which a piece of cloth has been shaken for the purpose of being dusted.

‘Sneezed at’ — that food on which some one has sneezed.

‘Hair’ — of men from their heads. — ‘Insects’ — small organisms; some of these, born out of moisture in the house, if they fall upon the food while living, they do not defile the food; just as is the case with flies. The present purification is laid down for the case where dead insects tall on the food. Those insects, on the other hand, that are born out of impure sources, or which live upon dirt, they defile the food, even when living. Says Gautama (17.89) — ‘What is defiled by hair and insects is ever uneatable.9 When the food happens to be covered by a large number of these, the whole of it should be thrown away.

In the case of large heaps of food, if a small portion of it happen to be contaminated by impure insects, that much alone of the food has to be thrown away and the remainder is purified.

In the case of contamination by hair, another Smṛti has laid down that the food shall be touched by vessels of gold, silver, kuśa and gems, along with water. In certain works heating also has been prescribed.

Some people have taken this verse as laying down a rule for the purification of land. But they go against — (a) other Smṛti-texts, (b) usage and (c) the direct meaning of the text. — (123).

 

Explanatory notes by Ganganath Jha:

(Verse 125 of others.)

‘Avodhūtam’ — ‘blown upon with the mouth, or blown upon with a piece of cloth’ (Medhātithi); — ‘dusted with cloth’ (Govindarāja); — ‘moved by the wind from a cloth, the foot or the like’ (Nārāyaṇa); — ‘defiled by the dust of a broom or of the air moved by the wings of a bird’ (Nandana).

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 105), which explains ‘avadhūtam’ as ‘touched by the dust raised by the shaking of a cloth’, — ‘avakṣutam’ as ‘touched by drops of saliva dropped in sneezing’; — it adds that if the food has contained hair or insects during cooking, then it must be thrown away.

It is quoted in Madanapārijāta (p. 458), which adds that the ‘bird’ here meant is one that is among the eatable ones; it explains ‘avadhūtam’ as ‘that over which cloth has been shaken’ or ‘that which has been repeatedly picked up and thrown down by birds’, — ‘avakṣutam’, that ‘over which some one has sneezed’; — ‘mṛḍ’, ‘mud’, includes ‘ash’ and ‘water’ also. It also adds that if the food has been cooked along with hair or an insect, it has to be thrown away; it has to be purified by clay, ash or water only if the hair or insect has fallen into it after it has been cooked.

It is quoted in Hemādri (Śrāddha, p. 827); — in Nṛsiṃhaprasāda (Śrāddha, p. 15b); — in Śudhikaumudī (p. 314), which says that ‘pakṣijagdham’ means, according to Kullūka, ‘eaten by an edible bird’, — ‘avadhūtam’ means ‘breathed upon’, and ‘avakṣutam’as ‘sneezed upon’; — in Śuddhimayūkha (p. 2), which explains ‘avodhūtam’ as ‘over which cloth has been dusted’; — and in Smrtisāroddhāra (p. 244) which gives the same explanation of ‘avodhūtam’ and says that ‘mṛtkṣepaṇam’ includes water-sprinkling also.

 

Comparative notes by various authors:

Viṣṇu (23.38). — ‘Food nibbled at by a bird, smelt at by a cow, sneezed on. or defiled by hair, or bv insects or worms, is purified by earth scattered over it.’

Vaśiṣṭha (14.22-23). — ‘Food defiled by contact with a garment, hair or insects shall not be eaten; — but it may be eaten after taking out the hair and the insects, sprinkling it with water, dropping ashes on it, and after it has been declared by the Brahmaṇa to be fit for eating.

Yājñavalkya (1.189). — ‘Food smelt by the cow, or defiled by hair, flies or insects, should have water and ashes or earth sprinkled over it, for purifying it.’

Baudhāyana (Aparārka, p. 266). — Blue fly, ordure, insects, bugs are defilers of food. On seeing hair, insect, nail, etc., in food, that part of the food where they are found should be thrown away, and the remainder should have ashes and water sprinkled over it; and it may be taken, after it has been recommended.’

Yama (Do., p. 266). — ‘If a fly or hair is found in the food, or if it is sneezed at or blown upon, one should touch it with ash and then eat it.’

Āpastamba (Do.). — ‘That food wherein is found an insect that has touched impure substances.’

Śātātapa (Do., p. 267) — ‘Food containing hair or insects, or smelt upon, or defiled by flies, or seen by a newly delivered woman, or by a woman in her courses, or by a heretic, — is purified in the following manner: sprinkling water over it, taking out a little of the food, the rest one may eat. Or he may touch it with ashes or with water, or by gold and silver.’

Baudhāyana (again, Aparārka, p. 267). — ‘If cooked sacrificial food is defiled by crows and other things, the portion defiled should be taken out. Honey and water become purified by being poured into another vessel; similarly oil and clarified butter.’

Hārīta (Do.). — ‘On food being smelt or seen by undesirable persons, or on its being defiled by the presence of hair or insects, it should be touched by water, with gold, silver, ashes, copper, emerald, cow’s hair, deer-skin or kaśa, — sprinkled with mantras, taken round fire, exposed to the sun; thus does it become purified.’

Parāśara (Do.). — ‘Food cooked when exceeding a Droṇa in quantity should not he thrown away, even when defiled by dogs or crows; it should he offered to Brāhmaṇas and then used according to their advice.’

Jamadagni (Do.). — ‘Cooked food, one Droṇa in weight, — if defiled by dogs or crows, should have a handful thrown out, and the rest becomes purified by heating on fire and sprinkling with water; — same with cooked food enough for lasting one day, when defiled by dogs and crows, or by the presence of hair and insects.’

Baudhāyana (Do., p. 268). — ‘Finding skin, hair or nails in the food, one shall throw about a handful of it, and sprinkling water and scattering ashes over it, again sprinkling water, one may eat it after having obtained the recommendation of Brāhmaṇas.’

 

 

VERSE 5.124

Section XIII - Purification of Substances

 

यावन्नापेत्यमेध्याक्ताद् गन्धो लेपश्च तत्कृतः ।
तावन् मृद्वारि चादेयं सर्वासु द्रव्यशुद्धिषु ॥१२४॥

yāvannāpetyamedhyāktād gandho lepaśca tatkṛtaḥ |
tāvan mṛdvāri cādeyaṃ sarvāsu dravyaśuddhiṣu ||124||

 

From an object tainted by an unclean substance, as long as the smell and the stain caused by it do not disappear, so long should earth and water be applied to it, — in all cases of the purification of things. — (124).

 

Medhātithi’s commentary (manubhāṣya):

‘Unclean’ — Untouchable.

“If that be so, then what is not eatable by the person concerned, that alone will be a source of contamination for him; e g., wine and spirit would be‘unclean’ for the Brāhmaṇa, but not for the Śūdra.”

This is not right; because substances intended as offering-materials at a sacrifice are ‘not eatable’, before the offerings have been made; and yet they are not‘untouchable As for wines and spirits, even the touching of these has been prohibited, for the Brāhmaṇa. So that that thing may be regarded as a source of contamination for a man the touching of which has been prohibited for him. So that what is true is, not‘what is not eatable is untouchable,’ but that ‘what is untouchable is not eatable.’

‘Tainted’ — besmeared; contaminated.

‘So long’, — this prescribes repetition of the act.

‘Earth and water’; — all this to be is used only if there is need for it; and the need would consist in the removing of the smell and stain. So that in the case of the touch of such unclean things as are dry, or in the case of the contamination having

taken place long ago, — since the smell and stain would have been removed by the lapse of time, — washing with earth and water should have to be done once only.

“The use of earth and water is for a visible purpose, — since it is only by their use that the stain is removed and the thing is purified; what then is the use of the phrace ‘as long as &c.’?”

The explanation is as follows: — The qualifying phrase has been added with a view to exceeding the restricted number of applications, specifically laid down in such texts as — ‘ once to the urinary organ, thrice to the anus &c, &c.’ (3.448); the sense being that if the removal of the stain &c., of the excretions be found to be impossible by the restricted number of applications, the said restrictions are to be ignored and more applications used. All that the mention of the exact, number of applications means is that even if the smell and stain be removed by a less number of applications, the prescribed number must be made up.

‘Earth and water’ have been mentioned only as indicating things that may be used as a means of purification. Hence even though the contaminating substance may have been washed off by water, yet it should be rubbed with saline substances, so that not a trace of the substance may he visible.

‘Disappear’ — go off, cease.

‘Caused by it’ — caused by the unclean substance. Hence there would be no contamination if the smell of such substances as musk and the like did not disappear from clothing &c. But in the case of a thing painted with kuṅkuma and such substances, if any portion of it should happen to be contaminated by an unclean thing, then the kuṅkuma also has to be removed from that portion; and this for the simple reason that the kuṅkuma also is in contact with the unclean thing; specially there also the‘smell and taint’ are present. If however the colour of kuṅkuma happens to be attached to one’s body, and it cannot be removed by rubbing, then purification may be attained (even by the use of earth and water). — (124).

 

Explanatory notes by Ganganath Jha:

(Verse 126 of others.)

This verse has been quoted in Aparārka (p. 36); — in Mitākṣarā (on 1.185) as laying down purification in general; — in Madanapārijāta (p. 47); — in Vīramitrodaya (Āhnika, p. 44) as laying down ‘the removal of smell and stains’ as the purpose of ‘purification’; — in Parāśaramādhava (Ācāra p. 217); — in Parāśaramādhava (Prāyaścitta, p. 148), which deduces the conclusion that the article is to be regarded as pure so long as the ‘defilement’, though present, has not been detected, — in Hemādri (Śrāddha, p. 818); — in Nityācārapradīpa (p. 102); — in Ācāramayūkha (p. 13); — in Smṛtisāroddhāra (p. 266); — and in Yatidharmasaṅgraha (p. 52).

 

Comparative notes by various authors:

Gautama (1.42). — ‘Purification from defilement by unclean substances has been effected when the stains and the smell have been removed.’

Vaśiṣṭha (3.48). — ‘Anything defiled by unclean substances becomes pure when the stains and the smell have been removed by water and earth.’

Yājñavalkya (1.191). — ‘Of things smeared with unclean things, purification is secured by removing the smell by earth and water.’

Devala (Aparārka, p. 270). — ‘When there is defilement, the removal of the stain, the grease and the smell, by means of earth, water, cowdung and such things, constitutes purification.’

Viṣṇu (23.39). — ‘As long as the smell or moisture caused by any unclean substance remains on the defiled object, so long must earth and water be constantly applied, in all purifications of inanimate things.’

 

 

VERSE 5.125

Section XIII - Purification of Substances

 

त्रीणि देवाः पवित्राणि ब्राह्मणानामकल्पयन् ।
अदृष्टमद्भिर्निर्णिक्तं यच्च वाचा प्रशस्यते ॥१२५॥

trīṇi devāḥ pavitrāṇi brāhmaṇānāmakalpayan |
adṛṣṭamadbhirnirṇiktaṃ yacca vācā praśasyate ||125||

 

The gods ordained three things pure for the Brāhmaṇas: what is not seen, what is washed with water and what is commended by word. — (125).

 

Medhātithi’s commentary (manubhāṣya):

‘Pavitram’ — pure.

The mention of the gods is by way of commendation.

The term ‘Brāhmaṇa’ includes, according to usage, all castes.

‘What is not seen’; — a thing that, though lying in an unprotected place, is yet not actually seen to have been contaminated by the touch of the dog, the crow or such other things. The mere presence of such animals should not be made the ground for suspecting actual defilement, until it is actually perceived. Similarly there can be no harm in a man partaking of food prepared in the kitchen by cooks and others who may have done the cooking without having themselves undergone a cleansing process [if anything unclean is not actually perceived].

In this connection, no one should entertain the idea that — ‘there would be nothing wrong in the partaking of food if the defilement were entirely unknown.’ As this would be contrary to what has been declared (in 5.20) regarding the sinfulness of eating certain things unintentionally.

Thus the conclusion is that a thing is to be regarded as pure in connection with which no contamination is known by any of the recognised means of knowledge. But when, even in the absence of definite proof, there be even the slightest and most far-fetched suspicion regarding contamination, the thing concerned should be washed with water. E.g. when from among a large number of dishes and cups lying in the same place, if even one has been seen to be contaminated by the touch of the dog or some such thing, all the rest of them also should be washed with water.

To this same category (of ‘what is not seen’) belongs also ‘what is commended by word.’ That is cultured men should be made to pronounce the thing to be pure. They say that things become pure by the Brāhmaṇa’s word. The present tense in ‘praśasyate’, ‘is commended’, has the force of the Injunctive.

Some people explain the‘commendation’ here spoken of as follows “When the person going to make use of a certain thing has seen it being defiled, even if he does not himself see it being purified, he should believe it to have been purified if cultured people assure him that it has undergone purification.”

This however is not right. Since the assertion of a trustworthy person has nowhere been spoken of as being unreliable, to assert it here would be a needless repetition.

Others have explained the term ‘what is washed with water’ as meant to be an example, — and the ‘unseen’ and the ‘commended by word’ as the two whose purity is here enjoined; the sense being — ‘Just as what is washed with water is pure, so also should be regarded what is not seen and what is commended by word’

“If everything is pure, in which no contamination is cognised by either Perception or Inference or Verbal Authority, — then why should the Cāndrāyaṇa have been prescribed (under 5.21) as to be performed for the expiation of the sin of having partaken of defiled food, without knowledge ?”

What has been said under 5.21 is in connection with what is At for being eaten; while the present text deals with purification in general. Or, a distinction may be drawn between the two declarations, either on the ground of one referring to cases of more serious defilement than the other, or on the ground of one referring to times of distress and the other to normal times. — (125)

 

Explanatory notes by Ganganath Jha:

(Verse 127 of others.)

This is quoted in Madanapārijāta (p. 469) as laying down the means of satisfaction where defilement is only suspected; — in Smṛtitattva (p. 454), which adds the following note: — ‘adṛṣṭam’ is ‘that which has never been known to be suspected of defilement’, — ‘vācā praśasyate’ — when a thing has been suspected of being defiled, if the Brāhmaṇas declare ‘may this be pure’, it has to be regarded as pure; — such being the explanation, it adds, provided by Dīpakalikā and Kullūka Bhaṭṭa; — in Hemādri (Śrāddha, p. 818); — in Nityācāropradīpa (p. 102) which explains ‘adṛṣṭam’, as ‘not perceived to be defiled’, i.e., where no defilement is known to exist by any means of knowledge, — ‘nirṇiktam’, washed, when suspected of being defiled, — ‘Vācā etc.’ if even after washing, there is some compunction, this is removed when the thing is commended; — in Prāyaścittaviveka (p 292); — and in Śuddhikaumudī (p. 459) which says that ‘brāhmaṇa’ stands for all the four castes.

 

Comparative notes by various authors:

Mahābhārata (3.101.40). — (Same as Manu).

Baudhāyana (1.9.9). — ‘The gods created for Brāhmaṇas three means of purification — ignorance of defilement, sprinkling with water and commending by word of mouth.’

Vaśiṣṭha (14.24). — ‘They quote the following words of Prajāpati — The gods created for Brāhmaṇas, three means of purifying — Ignorance, sprinkling and commending by word of mouth.’

Viṣṇu (2?.47). — ‘The gods have declared, as peculiar to Brāhmaṇas, three means of effecting purity — if the impurity has not been perceived, if the object is sprinkled with water, if, in doubtful cases, they commend it with speech.’

Yājñavalkya (1.191). — (See under 124 then) — ‘What is verbally cemmended (commended?), or washed with water, or unknown (as defiled) is ever pure.’

 

 

VERSE 5.126

Section XIII - Purification of Substances

 

आपः शुद्धा भूमिगता वैतृष्ण्यं यासु गोर्भवेत् ।
अव्याप्ताश्चेदमेध्येन गन्धवर्णरसान्विताः ॥१२६॥

āpaḥ śuddhā bhūmigatā vaitṛṣṇyaṃ yāsu gorbhavet |
avyāptāścedamedhyena gandhavarṇarasānvitāḥ ||126||

 

Water collected on the ground is pure, if it is sufficient to allay the thirst of the cow; but only if it is not contaminated by any unclean thing, becoming affected by with its smell, colour and taste. — (126)

 

Medhātithi’s commentary (manubhāṣya):

The ‘ground’ is mentioned only by way of illustration; so that water in canals is also pure. Water on the ground, as also in the atmosphere, is, by its very nature, pure; but the ground, being in contact with unclean substances, is slightly impure; hence when water is collected on the ground, it imbibes impurity by contact; and the present text proceeds to point out what quantity of water thus collected is to be regarded as pure: — ‘Sufficient to allay the thirst of the cow’; — ‘vaitṛṣṇyam’ means freedom from thirst, This is meant to indicate a particular quantity; this explanation having been adopted by the ancients on the strength of the words of the Veda — ‘so that the dawlap of the cow dapples in water &c. &c.’ Thus the quantity meant is that in which the cow’s dewlap becomes submerged, or which allays her thirst.

Water collected on pure ground is pure, even in small quantities.

“How is it to be known that water has been ‘contaminated by an unclean thing’?”

In answer to this we have the phrase — ‘becoming affected by its smell, colour and taste,’ The Instrumental ending in ‘amedhyena’, ‘by an unclean thing’, has to be changed here into the genitive; the meaning being — ‘when the water imbibes the smell, colour and taste of the unclean thing, then it is to be regarded as contaminated by it.’ According to this construction, if in a tank, an unclean thing be found in one part, while in another part the water be found to be free from its smell &c., then this latter is to be regarded as pure — (126).

 

Explanatory notes by Ganganath Jha:

(Verse 128 of others.)

This verse is quoted in Aparārka (p. 272); — in Hemādri (Śrāddha, p. 618); — in Parāśaramādhava (Prāyaścitta, p. 119); — in Śuddhikaumudī (pp. 297 and 341), which says that ‘rūpa etc.’ means that one should shun that water which has an evil smell, bad colour and bad taste; the natural colour and taste of water are white and sweet, and though there is no natural smell, yet of transferred smell only the agreeable one is to be accepted, hence the meaning is that water should be used only when it is either odourless or has an agreeable odour; — in Nṛsiṃhaprasāda (Śrāddha, p. 14b); — and in Kṛtyasārasamuccaya (p. 81).

 

Comparative notes by various authors:

Baudhāyana (1.9.10). — ‘Water collected on the ground with which cows slake their thirst is a means of purification, provided it is not strongly mixed with unclean substances, nor has smell, nor is discoloured, nor has taste.’

Vaśiṣṭha (3.35, 36, 47). — ‘Water (for sipping) may be taken even out of a hole in the ground, if it is sufficient to slake the thirst of cows. He shall not purify himself with water that has been defiled with colours, perfumes or flavouring substances; nor with such as is collected in unclean places. Water collected on the ground that quenches the thirst of the cows, the Lord of created things has declared to be pure.’

Viṣṇu (23.43). — ‘Stagnant water, if even a single cow can quench her thirst with it, is pure, unless it is quite filled with unclean objects; it is the same with water upon a rock.’

Yājñavalkya (1.192). — ‘Water in its natural condition, standing on the ground, is pure, if it is sufficient to satisfy a cow.’

Devala (Aparārka, p. 272). — ‘That water is declared to he purificatory which is devoid of smell and flavour, free from dirt, and such as would not disappear if a cow were to drink out of it.’

Yama (Aparārka, p. 273). — ‘Water, at a drinking booth in the forest, or in a jar, or in a well, or in a water-pot, or in a stone-cup, or in a leather-bag, is unfit for drinking, except in times of distress.’

Yama (Parāśaramādhava, p. 119). — ‘Rain-water collected on the ground is purified in ten nights.’

 

 

VERSE 5.127

Section XIII - Purification of Substances

 

नित्यं शुद्धः कारुहस्तः पण्ये यच्च प्रसारितम् ।
ब्रह्मचारिगतं भैक्ष्यं नित्यं मेध्यमिति स्थितिः ॥१२७॥

nityaṃ śuddhaḥ kāruhastaḥ paṇye yacca prasāritam |
brahmacārigataṃ bhaikṣyaṃ nityaṃ medhyamiti sthitiḥ ||127||

 

The artisan’s hand is always pure; so also is merchandise spread out for sale; the food begged and held by the student is ever sacred; such is the established rule — (127).

 

Medhātithi’s commentary (manubhāṣya):

‘Kāru’ is artisan; such as the cook; the dyer, the weaver and so forth the hand of these people is ‘always pure.’ It is for this reason that they are touchable even during periods of impurity caused by birth or death. But it does not mean that their hand is to be regarded as pure even when found to be actually bearing the stains of ordure or such unclean things.

What is stated here is on the same footing with what as been asserted before regarding certain people being ‘immediately purified.’ Nor is there any superfluous repetition; as no such purification has been declared anywhere else in the Institutes of Manu. Then the present text contemplates another case also, e.g. weavers, as a rule, weave cloth without bathing for separating the yarns from the pillars they make use of dough and gruel &c.; — they place the vessels containing these things at random: — the ‘impurity’ involved in all this is what is negatived by the present text; and it is not meant that people who are impure by their very nature are to be regarded as ‘touchable’ by taking to the work of artisans; because such work has not been ordained for them.

This same reasoning holds good regarding the view that things touched by Mlecchas are not impure. In connection with these, sprinkling and washing have to be done, as laid down by Śaṅkha, who reads — ‘The artisan’s hand is pure, and so also are substances in a heap.’

‘Merchandise’; — the substance that is sold for money, or is exchanged for some other substance, is called ‘merchandise’; and when this is ‘spread out’ in the market-place, it is pure. That is, it does not become defiled by such contaminations as being handled by several purchasers, being spread out on unwashed ground and so forth, even though one may perceive such contaminations again and again. Since the text speaks of its being ‘spread out’, it follows that so long as the thing is stored within a room, it is not pure, even though it is ‘in the market-place’. — As regards cooked substances, such as fried flour, cakes and the like, — though these also are ‘pure’ (when spread out in the market-place), yet they are not fit for eating; as declared by Śaṅkha — ‘things exposed in the marketplace are not fit for eating’.

‘Held by the student’. — By reason of the ‘purity’ being spoken of in this verse along with this term, it is to be regarded as pertaining to such contamination as the following — (a) treading along the public road in course of begging (b) the sight of unclean objects, (c) spitting and sneezing, (d) the dropping of one hand on the food obtained and so forth, — all which are probable.

‘Sacred’; — this is meant to imply purity — (127).

 

Explanatory notes by Ganganath Jha:

(Verse 129 of others.)

This verse is quoted in Madanapārijāta (p. 468), which notes that ‘brahmacārigatam bhaikṣyam,’ stands

for all that is permitted by way of ‘alms’; — in Hemādri (Śrāddha, p. 838); — in Śuddhikaumudī (p. 355), which explains ‘nityam śuddhaḥ’ as ‘even without washing, an article made by an artisan may be used — ‘kāru’ means ‘artisan’, — ‘paṇyam’ is ‘merchandise’, ‘spread out’ at the place of sale; — among these, however, cooked food is an exception; — in Nṛsiṃhaprasāda (Śrāddha, p. 17a); — and in Smṛtisāroddhāra (p. 250), which says that ‘brahmacāri’ stands for ‘bhikṣu in general.’

 

Comparative notes by various authors:

Baudhāyana (1.9.1). — ‘The Veda declares that the hand of the artisan is always pure; so is vendible commodity exposed for sale and food obtained by begging which a student holds in his hand.’

Viṣṇu (23.48). — ‘The hand of a cook or other artisan, things exposed for sale in a shop, food given to a Brāhmaṇa, and all manufactories or mines are always pure.’

Vaśiṣṭha (3.46). — ‘A vendible commodity tendered for sale, and what is not dirtied by gnats and flies that have settled on it (is pure).’

Yājñavalkya (1.187). — ‘The artisan’s hand is pure; so also commodity exposed for sale, alms and woman’s mouth.’ Śaṅkha (Aparārka, p. 263). — ‘The artisan’s hand is pure, so also substances got out of mines and washed.’

 

 

VERSE 5.128

Section XIII - Purification of Substances

 

नित्यमास्यं शुचि स्त्रीणां शकुनिः फलपातने ।
प्रस्रवे च शुचिर्वत्सः श्वा मृगग्रहणे शुचिः ॥१२८॥

nityamāsyaṃ śuci strīṇāṃ śakuniḥ phalapātane |
prasrave ca śucirvatsaḥ śvā mṛgagrahaṇe śuciḥ ||138||

 

The mouth of women is always pure; as also the bird in the dropping of fruits; the calf is pure in causing the flow (of milk); and the dog is pure in the catching of deer — (128).

 

Medhātithi’s commentary (manubhāṣya):

The mouth of all women is ‘pure’ — for the purposes of kissing &c. ‘Women during sexual intercourse etc.’ — says another Smṛti -text. What is said here applies only to such women with whom sexual intercourse is possible, and not to the mother, sister and such women. This should not be understood to be the denial of the impurity attaching to the mouth until it is washed after food. Because even though the wife is a woman with whom sexual intercourse is possible, yet it has been declared in discourse IV that ‘one should not eat with his wife’.

The addition of the term ‘always’ implies that the mouth is pure, not only at the time of the actual intercourse, but also during the acts that lead up to it.

‘The bird in the dropping of fruits’. — Though the term “śakuni’, ‘bird’, denotes all kinds of birds, yet by usage, what is said here is not applicable to the crow, the vulture or other such birds as feed upon unclean things.

Since the text uses the term ‘dropping’, the present rule applies only to fruits on the tree.

‘In causing the flow’. — When the cow is being milked, the calf is made to touch the teats for the purpose of making the milk to flow; and yet it has been declared that ‘cows are pure except in their mouths’; so that the touch of the calf’s mouth might be regarded as a source of impurity; it is with a view to preclude this notion that we have the present text.

The dog itself is not pure; but it is to be regarded as pure when in the course of hunting, it catches’the deer — (128).

 

Explanatory notes by Ganganath Jha:

(Verse 130 of others.)

This verse is quoted in Hemādri (Śrāddha, p. 835); — in Śuddhikaumudī (p. 355), which says the meaning is that the woman’s mouth is clean, for the purpose of kissing; — and in Kṛtyasārasamuccaya (p. 84) which says ‘women’ means ‘one’s own wife’, and that ‘prasrave’ means ‘in drinking the milk of the cow.’

 

Comparative notes by various authors:

Baudhāyana (1.9, 2). — ‘A calf is pure in making the milk flow; a bird in the dropping of fruits, women at the time of dalliance and a dog in catching a deer.’

Sumantu (Parāśaramādhava, p. 145). — ‘Women, infants, mosquitoes, flies, cats, rats, shadow, seats, beds, conveyances and water-particles are always pure.’

Bṛhaspati (Parāśaramādhava, p. 145). — ‘Of Brāhmaṇas, the feet are pure; of goats and horses, the mouth; of cows, the hind-part is pure; of women, the whole body.’

Vaśiṣṭha (28.8). — ‘A calf is pure for the flowing of milk; a bird when it causes a fruit to fall, women during dalliance, and a dog when it catches a deer.’

Uśanas (Parāśaramādhava, p. 144). — ‘The cow is pure at the hind-part, the goat and other at the front; women are pure all over; but their heart is impure.’

Vaśiṣṭha (3.45, 47). — ‘Wild animals killed by dogs and fruits thrown by birds, what has been spoilt by children and what has been handled by women,...the Lord of Created Beings has declared these to be pure.’

Viṣṇu (23.49). — ‘The mouth of the woman is always pure, a bird is pure in the dropping of fruits; a sucking calf in the flowing of milk; and a dog in the catching of deer.’

Yājñavalkya (1.187, 192-195). — ‘The woman’s mouth is pure...... So is the deer’s flesh dropped by dogs, Caṇḍālas, carnivorous animals and others...... Sun’s rays, fire, goat, shadow, cow, horse, earth, air, liquid particles and flies are pure for touching; and the calf is pure in making the milk flow. The goat and the horse are pure in their mouth, but not so the cow, nor the excretions from human bodies. Roads are purified by the rays of the sun and the moon and by wind; particles issuing from the mouth are pure, so also water dropped during sipping water and the hairs of the moustache in the mouth.’

Yama (Aparārka, p. 274). — ‘Seat, bed, conveyance, woman’s mouth, blanket, and razor, — these and the sacrificial cups, the wise never regard as defiled. The following are always pure to the touch: — cow, horse, liquid particles, shadow, flies, locusts, parrots, goat, elephant, martial umbrella, solar and lunar rays, earth, lire, dust, air, water, curd, clarified butter, milk.’

Śaṅkha (Do.). — ‘Smoke, fire and dust wafted by the wind, are pure.’

Brahmapurāṇa (Do.). — ‘The mouth of one’s wife during.dalliance and of the infant just born are pure.’

Devala (Do.). — ‘Goats and horses arc pure in their mouth, cows are pure in their hind-part, trees are pure when in flower; Brāhmaṇas are always pure.’

Śivadharmottara (Do.). — ‘Brāhmaṇa, cow, flies, perspiration, shadow, lire, sun’s rays, dust, earth, air, — are pure in touching...... The shadow cast by the Caṇḍāla and the out cast is never defiling to the touch.’

Paiṭhīnasi (Parāśaramādhava, p. 145). — ‘Woman’s mouth during dalliance.’

Parāśara (7.35). — ‘Unimpeded currents are never impure, nor dust raised by the wind; women, old persons and children are never impure.’

 

 

VERSE 5.129

Section XIII - Purification of Substances

 

श्वभिर्हतस्य यन् मांसं शुचि तन् मनुरब्रवीत् ।
क्रव्याद्भिश्च हतस्यान्यैश्चण्डालाद्यैश्च दस्युभिः ॥१२९॥

śvabhirhatasya yan māṃsaṃ śuci tan manurabravīt |
kravyādbhiśca hatasyānyaiścaṇḍālādyaiśca dasyubhiḥ ||129||

 

The flesh of the animal killed by dogs Manu has declared to be pure; as also that of the animal killed by other carnivorous animals and by the Cāṇḍāla and other low castes. — (129).

 

Medhātithi’s commentary (manubhāṣya):

In the preceding verse — ‘the dog is pure in the catching of deer’ — all that was meant was that in the act of catching deer, the dog is pure; while the present verse goes into further details and declares the purity of what has been killed by the dog, as also of that killed by others with the stroke of sticks &c. Hence it is only the latter part of the verse that lays down something new.

‘Carnivorous animals’ — the kite, the jackal and the rest.

‘Cāṇḍāla and others’; — ‘and others’ is meant to include the Śvāpada and people of that class.

‘Low castes’ — the Nisāda, the Vyādha and others, who live by killing animals. — (129).

 

Explanatory notes by Ganganath Jha:

(Verse 131 of others.)

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 146); — in Madanapārijāta (p. 468), which explains ‘kravyāt’ as the ‘Śyena and the rest’, — and ‘dasyu’ as ‘fowlers’; — in Hemādri (Śrāddha, p. 835); — in Śuddhikaumudī (p. 356); — and in Śuddhimayūkha (p. 3), which explains that what is said regarding dogs refers to its killing at a hunt; and there also it refers to only such animals as have their flesh permitted for eating.

 

Comparative notes by various authors:

Viṣṇu (23.50). — ‘Flesh of an animal killed by dogs is pronounced pure; and so is that of an animal slain by other carnivorous creatures, or by huntsmen such as Caṇḍālas.’

Vaśiṣṭha (3.45). — (See above, under 128.)

Yājñavalkya (1.192). — ‘The deer’s flesh dropped by dogs, Caṇḍālas and carnivorous animals and others is pure.’

 

 

VERSE 5.130

Section XIII - Purification of Substances

 

ऊर्ध्वं नाभेर्यानि खानि तानि मेध्यानि सर्वशः ।
यान्यधस्तान्यमेध्यानि देहाच्चैव मलाश्च्युताः ॥१३०॥

ūrdhvaṃ nābheryāni khāni tāni medhyāni sarvaśaḥ |
yānyadhastānyamedhyāni dehāccaiva malāścyutāḥ ||130||

 

The cavities that are above the navel are all pure; those that are below it are impure; as, also are all excretions dropped fr om the body. — (130).

 

Medhātithi’s commentary (manubhāṣya):

The term ‘kha’ stands for organ; hence the organs of action also become included; and thus taking the two feet, the plural number becomes justified in the phrase ‘those that are below it are impure.’

This explanation (by which the lower organs are all made impure) is not right; as it is contrary to what has gone in the first half. Therein it has been declared that the purity of those above the navel is of a higher grade and superior: and this could have a meaning only if the lower ones also were pure; for what is while cannot be called more black.

Further, the term ‘kha’ does not signify the organ, it only signifies the cavity or hole. It is for this reason that the organs have been spoken of as ‘saptaśirṣanyaḥ’, ‘having seven seats’ (the cavities of the two ears, two eyes, two nostrils and the mouth). There are two ‘cavities’ below the navel; but the plural number has been used on account of the male and female generative organs being regarded as distinct.

According to this, there would be no uncleanliness of the hand involved in touching the inside of the mouth; — but only if if does not come into contact with the phlegm or other things that may be there. So. that if the hand does become contaminated with some such defiling substance, the mouth shall not be touched by it — (130).

 

Explanatory notes by Ganganath Jha:

(Verse 132 of others.)

This verse is quoted in Madanapārijāta (p. 50); — in Vīramitrodaya (Āhnika, p. 103), which explains ‘khāni’ as ‘cavities’ and adds that (though there are only two cavities below the navel) the text uses the plural ‘tāni’ by regarding the male and female generative organs as distinct; — in Kṛtyasārasamuccaya (p. 85), which explains ‘khāni’ as ‘holes’, ‘medhyāni’ as ‘clean’, and ‘adhaḥ’ as ‘below the navel’; — in Hemādri (Śrāddha, p. 842); — and in Śuddhikaumudī (p. 359), which explains ‘medhyāni’ as ‘touchable’, and ‘amedhyāni’ as ‘untouchable’ and ‘dehachyuta-mala’ as standing for the nails and other excrescences, which also are ‘untouchable’.

 

Comparative notes by various authors:

Viṣṇu (3-51). — ‘The cavities above the navel must bo considered pure; those below it are impure; so are all excretions from the body.’

Yājñavalkya (1.194). — ‘Nor are excretions fallen from the human body pure.’

Baudhāyana (1.10.19). — ‘A man’s body is pure above the navel; it is impure below the navel, — so declares the Veda.’

 

 

VERSE 5.131

Section XIII - Purification of Substances

 

मक्षिका विप्रुषश्छाया गौरश्वः सूर्यरश्मयः ।
रजो भूर्वायुरग्निश्च स्पर्शे मेध्यानि निर्दिशेत् ॥१३१॥

makṣikā vipruṣaśchāyā gauraśvaḥ sūryaraśmayaḥ |
rajo bhūrvāyuragniśca sparśe medhyāni nirdiśet ||131||

 

Flies, water-drops, shadow, the cow, the horse, the sun’s rays, dust, earth, air and fire — should be regarded as pure to the touch. — (131).

 

Medhātithi’s commentary (manubhāṣya):

‘Flies’. — all sweat-born insects.

The ‘cow’ includes the goat and sheep.

The ‘horse’ includes the elephant and the mule.

The ‘sun’ includes all luminous bodies.

‘Vipruṣaḥ’, ‘water-drops’ — such drops of water as are invisible and can be felt only by touch.

‘Shadow’ — of the Cāṇḍāla and other unclean things.

‘Earth’ — in contact with, or walked over by, the Cāṇḍāla and the like — is pure. In other cases its sweeping has been prescribed.

The flies &c. mentioned here, even though coming into contact with ordure and other unclean things, do net become sources of defilement.

Another Smṛti-text says — ‘Goats and horses are pure in their mouths; cows are pure except in their mouths; cats and mongoose are touchable, — as also other auspicious birds and animals’. — (131).

 

Explanatory notes by Ganganath Jha:

(Verse 133 of others.)

‘Vipruṣaḥ.’ — ‘Drops of water, invisible, but perceptible by touch only’ (Medhātithi and Govindarāja); — ‘drops of saliva coming out of the mouth’ (Kullūka, Rāghavānanda and Nārāyaṇa).

This verse is quoted in Madanapārijāta (p. 469), which adds the following notes: — ‘makṣikā’ includes all those insects whose touch cannot be avoided; — ‘vipruṣaḥ’ are those drops whose form is invisible; — ‘chāyā’ — other than what is expressly forbidden; — ‘rajaḥ’ other than what is expressly forbidden.

It is quoted in Smṛtitattva (p. 296).

This verse is quoted in Nṛsiṃhaprasāda (Śrāddha, p. 17a); — in Hemādri (Śrāddha, p. 838); — and in Śuddhikaumudī (pp. 350 and 358), which says that ‘chāyā’ stands for the shadow cast by persons other than the caṇḍāla.

 

Comparative notes by various authors:

Viṣṇu (23.52). — ‘Flies, saliva-particles dropping from the mouth, shadow, cow, elephant, horse, sun-beams, dust, earth, air, fire and cat are always pure.’

Yājñavalkya (1.193 and other texts — see under 128.)

 

 

VERSE 5.132

Section XIII - Purification of Substances

 

विण्मूत्रोत्सर्गशुद्ध्यर्थं मृद्वार्यादेयमर्थवत् ।
दैहिकानां मलानां च शुद्धिषु द्वादशस्वपि ॥१३२॥

viṇmūtrotsargaśuddhyarthaṃ mṛdvāryādeyamarthavat |
daihikānāṃ malānāṃ ca śuddhiṣu dvādaśasvapi ||132||

 

For the cleansing of the ejectors or urine and faeces, earth and water should be used, as much as may be necessary; as also in the twelve cleansings of the bodily excretions. — (132).

 

Medhātithi’s commentary (manubhāṣya):

The impurity of the bodily excretions having been asserted in 131, the present verse proceeds to lay down directions for their cleansing.

‘Ejectors of urine and faeces’ — i.e., the. organs by which these are passed, — i. e. the Anus &c.; — for the cleansing of these — one should ‘use earth and water, as much as may be necessary’; i. e. not minding any restrictions as to the number (of washings and rubbings), one should go on taking up as much water and earth as may be necessary for the total removal of smells and stains.

‘Bodily’ — proceeding from the body, — ‘excretions’ — which are sources of impurity. In connection with the purifications necessitated by these also, earth and water are to be used as much as may be necessary. In another Smṛti we read — ‘In the case of the former six excretions both earth and water should be used; in the case of the latter six one is purified even by the use of water only’.

In connection with phlegm &c. it is thus declared in another Smṛti — ‘The viscid excretion from the nose is called Phlegm’; and since this occurs among the latter group of six, for cleansing it earth need not be used at all. — (132).

 

Explanatory notes by Ganganath Jha:

(Verse 134 of others.)

This verse is quoted in Aparārka (p. 271), which explains ‘arthavat’ as ‘as much as may be needed for removing the smell and stains,’ and adds that in the case of the latter six of the twelve ‘impurities’ (enumerated in the next verse) the use of clay is optional; — in Madanapārijāta (p. 51), which adds that after the passing of urine and feces, washing with water is ‘arthavat,’ ‘useful’; — in Vīramitrodaya (Āhnika, p. 45), which explains ‘arthavat’ as ‘fulfilling the purposes of removing the smell and stains’; — and again on p. 104, to say that Manu should be understood to mean that out of the case of the twelve ‘impurities,’ in some both water and clay should be used, while in some either of the two only; — and in Hemādri (Śrāddha, p. 794).

 

Comparative notes by various authors:

Gautama (1.42, 43). — ‘Purification from defilement by unclean substances is effected when the stains and the smell have been removed; — and this shall be done first by water and then by earth.’

Baudhāyana (1.10.11-15). — ‘After urinating, he shall cleanse it with earth and water; in like manner on evacuating bowels; — after an emission of semen, in the same manner as after urinating.’

Āpastamba (1.16.14-15). — ‘On touching the effluvia of the nose or the eyes,... he shall either bathe or sip or merely touch water; — or he may touch moist cowdung, wet herbs or moist earth.’

Vaśiṣṭha (6.14, 16). — ‘He shall perform the purification with water and with earth... For purification, the Brāhmaṇa shall take earth mixed with gravel from the river-bank.’

Viṣṇu (60.24). — ‘Having cleaned his hind parts with a clod of earth, or with brick...... he must rise and clean himself with water and earth — so as to remove the smell and the filth.’

Yājñavalkya (1.17). — ‘The man shall perform purification with earth and water fetched for the purpose — till the stain and the smell disappear.’

 

 

VERSE 5.133

Section XIII - Purification of Substances

 

वसा शुक्रमसृग्मज्जा मूत्रविड्घ्राणकर्णविट् ।
श्लेश्माश्रु दूषिका स्वेदो द्वादशैते नृणां मलाः ॥१३३॥

vasā śukramasṛgmajjā mūtraviḍghrāṇakarṇaviṭ |
śleśmāśru dūṣikā svedo dvādaśaite nṛṇāṃ malāḥ ||133||

 

Fat, man, blood, marrow, urine, ordure, nasal excretion, eab-wax, phlegm, tears, rheum of the eyes and perspiration, — these twelve are the ‘excretions’ of human beings. — (134).

 

Medhātithi’s commentary (manubhāṣya):

The twelve ‘excretions’ or ‘impurities’ are here indicated.

‘Human beings’ includes all five-nailed animals. As regards dogs and jackals, their excretions are impure by reason of their own untouchability.

‘Urine and ordure’ — of all animals, except those of the goat, the sheep, the cow and the horse. — (133).

 

Explanatory notes by Ganganath Jha:

(Verse 135 of others.)

This verse is quoted in Aparārka (p. 271), which explains ‘karṇaviṭ’ as ‘ear-wax’; and adds that these are ‘impure’ only when they have gone out of the body, as is indicated by verse 132 above; — in Mitākṣarā (on 1.190); — in Vīramitrodaya (Āhnika, p. 103), which adds the following notes: — ‘vasā’ is the oily substance in the body; ‘asṛk’ is blood; ‘majjā’ is the solidified fatty substance within the skull; ‘dūṣikā’ is the rheum of the eyes; ‘karṇaviṭ’ is ear-wax; the term ‘nṛ’ here stands for human beings only, and not for all living beings (as the root nṛ, ‘ to go,’ might imply); if the latter were meant, then the term ‘nṛṇām’ would be entirely superfluous; — in Hemādri (Śrāddha, p. 794); — in Prāyaścittaviveka (p. 484); — in Śuddhikaumudī (p. 347); — in Ācāramayūkha (p. 14), — which explains ‘dūṣikā’ as netramalam’; — and in Smṛtitattva (II, p. 303).

 

Comparative notes by various authors:

Viṣṇu (22.81). — ‘Adeps, semen, blood, dandruff, urine, faeces, ear-wax, nail-parings, phlegm, tears, rheum, and sweat are the twelve impure excretions from the body.’

Devala (Aparārka, p. 271). — ‘Human bone, corpse, faeces, semen, urine, menstrual blood, sweat, tears, rheum, phlegm and urine are declared to be impure.’

Baudhāyana [(Do.) and Vīramitrodaya-Āhnika, p. 104]. — ‘In the case of the first six (enumerated in Manu), one should take up both earth and water; but in that of the latter six one is purified by water only.’

 

 

VERSE 5.134

Section XIII - Purification of Substances

 

एका लिङ्गे गुदे तिस्रस्तथैकत्र करे दश ।
उभयोः सप्त दातव्या मृदः शुद्धिमभीप्सता ॥१३४॥

ekā liṅge gude tisrastathaikatra kare daśa |
ubhayoḥ sapta dātavyā mṛdaḥ śuddhimabhīpsatā ||134||

 

One who desires cleanliness should apply earth — once to the urinary organ, thrice to the anus, ten times to one hand and seven times to both hands. — (134).

 

Medhātithi’s commentary (manubhāṣya):

After the passing of urine and faeces, for the cleansing of the urinary organ, earth should be applied to it once.

In another Smṛti it has been laid down that one should take as much earth mixed with water as can be contained in one hand. What I assert is that in view of what has been said regarding the using of as much earth and water as may be necessary, the proper quantity would be what is stated in the present text. Some people quote, in this connection, the following saying — ‘The hand bring filled up, the first (and largest) measure of it is called Prasṛti, the second is half of it; and the third part of it is called mṛttikā.’ But this measure applies to the case of anus-cleansing only. In all other cases, as much is to be used as may be necessary.

In the case of a single evacuation also, the number of applications is to be as here prescribed; and what is prescribed is the repetition of the act (of rubbing and washing).

There is a distinction among the various kinds of ‘earth’, just as there is among the various kinds of the ‘cow’ and other things. In present connection, for instance, it has been declared that ‘earth should be got from a place far removed from an ant-hill, us also from the stables’ and so forth. No account need be taken however of the distinction into ‘white’, ‘black’, ‘red’ and so forth.

‘Who desires’ — who wishes. — (134).

 

Explanatory notes by Ganganath Jha:

(Verse 136 of others.)

This verse is quoted in Aparārka (p. 36); — in Nityācārapradīpa (p. 255); — in Parāśaramādhava (Ācāra, p. 215); — in Śuddhikaumudī (p. 334), which explains ‘ekatra’ as ‘in the left hand’; — in Smṛtitattva (p. 330), which explains ‘ubhayoḥ’ as ‘over the two hands’; — in Vīramitrodaya (Āhnika, p. 46), which explains ‘ekatra’ as ‘over the left hand’; it notes the reading ‘vāmakare’; and explains ‘ubhayoḥ’ as ‘over the two hands’; — in Madanapārijāta (p. 46); — in Smṛtikaumudī (p. 57) which explains ‘ekatra’ as ‘vāme,’ ‘over the left hand’; — in Yatidharmasaṅgraha (p. 53); — in Kṛtyasārasamuccaya (p. 46), which explains ‘ekatra’ as ‘over the left hand’ and, ‘ubhayoḥ’ as ‘over both the hands’; — and in Smṛtisāroddhāra (p. 266), which says that ‘śuddhi’ here stands for purity, and not cleanliness or freedom from smell &c., as this latter could be secured by even a lesser number of applications.

 

Comparative notes by various authors:

Vaśiṣṭha (6.18). — ‘The organ is cleansed by one application of earth, the right hand by three, the feet by two, the arms by five, the left hand by ten, and both hands and feet by seven.’

Viṣṇu (60.25). — ‘The organ should be cleaned by earth once, the hind parts three times, the left hand ten times, both hands together seven times, and both feet together three times.’

Baudhāyana (1.10.11-14). — ‘After urinating, he shall clean the organ with earth and water, — the hand three times...... the number of applications is thrice three for both hand and feet.’

Śāṅkha (Aparārka, p. 36). — ‘To the arms, earth should be applied seven times, to the urinary organ, twice, to one hand, twenty times, and to both hands fourteen times.’

Hārīta (Do.). — Applying earth ten times to the left hand, six times on the back, seven times to both hands, and to the feet three times, — he shall wash.’

Śātātapa (Parāśaramādhava, p. 215). — ‘Once to the urinary organ, three times to the left hand, twice to both hands, — this is the purification laid down on passing urine; it should be thrice this on passing faeces.’

Baudhāyana (Parāśaramādhava, p. 215) — ‘Earth shall be applied to the anus five times, to the left hand and feet thrice each.’

Vaśiṣṭha (Do., pp. 215-216). — ‘Earth shall be applied five times to the anus, ten times to one hand and seven times to both hands, seven to both feet, and two to the urinary organ.’

Ādityapurāṇa (Do.). — ‘Twenty times to one hand and fourteen times to both... Half of this serves to purify Śūdras and women. The purification at night is to be half of what it is during the day; and a quarter of this latter, on a journey; one in distress may do as much as he can.’

 

 

VERSE 5.135

Section XIII - Purification of Substances

 

एतत्शौचं गृहस्थानां द्विगुणं ब्रह्मचारिणाम् ।
त्रिगुणं स्याद् वनस्थानां यतीनां तु चतुर्गुणम् ॥१३५॥

etatśaucaṃ gṛhasthānāṃ dviguṇaṃ brahmacāriṇām |
triguṇaṃ syād vanasthānāṃ yatīnāṃ tu caturguṇam ||135||

 

Such is the purification for householders; double of this for students, treble for hermits, and quadruple for renunciates. — (135).

 

Medhātithi’s commentary (manubhāṣya):

The rules regarding Purification vary with the stages of life. For those who do not belong to any of these stages, the only rule is that as much earth and water shall be used as may be necessary. The same holds good for the Śūdra also, who is entitled to observe the rules regarding the stage of the Householder; so that he also has to observe the same number of applications. — (135).

 

Explanatory notes by Ganganath Jha:

(Verse 137 of others.)

This verse is quoted in Aparārka (p. 36); — in Parāśaramādhava (Ācāra, p. 215); — in Madanapārijāta (p. 47); — in Vīramitrodaya (Āhnika, p. 52); — in Nityācārapradīpa (p. 257); — in Ācāramayūkha (p. 13); — in

Śuddhikaumudī (p. 336); — and in Yatidharmasaṅgraha (p. 53.)

 

Comparative notes by various authors:

Vaśiṣṭha (6.19). — ‘Such is the purification ordained for householders; it is double this for students, treble for hermits, but quadruple for ascetics.’

Viṣṇu (60.26). — ‘Such is the purification ordained for householders; it is double for students, treble for hermits and quadruple for ascetics.’

 

 

VERSE 5.136

Section XIII - Purification of Substances

 

कृत्वा मूत्रं पुरीषं वा खान्याचान्त उपस्पृशेत् ।
वेदमध्येष्यमाणश्च अन्नमश्नंश्च सर्वदा ॥१३६॥

kṛtvā mūtraṃ purīṣaṃ vā khānyācānta upaspṛśet |
vedamadhyeṣyamāṇaśca annamaśnaṃśca sarvadā ||136||

 

Having passed urine or faeces, and sipped water, one should touch. with water the cavities; also when he may be going to read the Veda, and always when going to take food. — (136).

 

Medhātithi’s commentary (manubhāṣya):

Having ‘passed’ — i.e., cleansed away according to the aforesaid directions, — all taint of urine &c., from the urinary organ, etc.; — ‘and sipped water,’ — ‘one should touch with water the cavities’.

‘Also when he may be going to read the Veda’ — i.e., according to the course of Vedic study preserved in Discourse II.

In accordance with its primary signification, the word ‘kṛtvā’, ‘having passed appears to mean ‘having evacuated’; and the meaning is that — ‘after having passed urine and faeces and washed the anus and the urinary organ, one should sip water’.

‘Also when going to read the Veda;’ — the sipping of water has been prescribed as a necessary duty in connection with the course of Vedic study, under 2.70. What is prescribed here is meant for all sorts of reading of the Veda — either by one who is teaching it, or reading it. In other cases, people are said to be ‘reciting’ the Veda (udaharantaḥ). The meaning is that after having done other secular acts, one should not pronounce the words of the Veda, without having sipped water.

‘Also when going to take food.’ (136).

 

Explanatory notes by Ganganath Jha:

(Verse 138 of others.)

This verse is quoted in Parāśaramādhava (Ācāra, p. 223), the reading wherein however is different, except in the first quarter; — in Hemādri (Śrāddha, p. 957), which has the following notes: — ‘kṛtvā’, having vacuated, — after evacuating the bladder and bowels one should wash the anus and rinse the mouth, and touch the ‘holes’, i.e., the sense organs, — ‘vedam etc.,’ while engaged in other ordinary works one should rinse his mouth before reciting the Veda, also when going to take food, — in Ācāramayūkha (p. 15): — and in Nṛsiṃhaprasāda, (Āhnika, p. 8b).

 

Comparative notes by various authors:

Gautama (1.35, 36, 44). — ‘Turning his face to the east or to the north, he shall purify himself from personal defilement — seated in a pure place, placing his right arm between his knees, arranging his dress (and sacred thread) in the manner required for a sacrifice to the gods, he shall, after washing his hands up to the wrist, three or four times, silently sip water reaching his heart; twice wipe his lips; sprinkle his head and feet; touch the cavities in the head with the right hand; and place it on the crown of his head (and on the navel) on passing urine or faeces... water should be sipped.’

Baudhāyana (l.8.26). — ‘After sipping water, he shall touch the cavities of the head with water, also the feet, the navel, the head and the left hand.’

Āpastamba (1.16.2-7). — ‘Sitting, he shall sip water (for purification) thrice, the water penetrating his heart; he shall wipe his lips three times; — some declare that he shall do this twice; he shall then touch his lips once; — twice, according to some; having sprinkled water on his left hand with his right, he shall touch both his feet, and his head and organs, eyes, nose and ears.’

Vaśiṣṭha (3.27-29). — ‘He shall twice wipe his mouth; he shall touch the cavities with water; he shall pour water on his head and on the left hand.’

Viṣṇu (22.75). — ‘Having sneezed, slept or eaten, going to eat or to study, having drunk water, having bathed or spat or put on his garments, or walked on the high road, or discharged urine or faeces, or touched dry bones of a five-toed animal, he should sip water.’

Viṣṇu (62.7-8). — ‘Let him wipe his lips twice; let him touch the cavities above the navel, his head and his chest with water.’

 

 

VERSE 5.137

Section XIII - Purification of Substances

 

त्रिराचामेदपः पूर्वं द्विः प्रमृज्यात् ततो मुखम् ।
शरीरं शौचमिच्छन् हि स्त्री शूद्रस्तु सकृत् सकृत् ॥१३७॥

trirācāmedapaḥ pūrvaṃ dviḥ pramṛjyāt tato mukham |
śarīraṃ śaucamicchan hi strī śūdrastu sakṛt sakṛt ||137||

 

Desiring bodily purification, one should sip water thrice; then he should twice wipe his mouth; but the woman and the śūdra should each do it once only. — (137).

 

Medhātithi’s commentary (manubhāṣya):

This is the reiteration (of a former injunction), for the purpose of enjoining what is necessary for the woman and the Śūdra. Though what is said here has been already declared before, yet it is repeated here for the sake of women and Śūdras.

Some people explain this text as follows: — According to the rule that ‘the Śūdra is purified by touching water’, all that the ordinary Śūdra is to do is to touch water; hence washing and touching of the ear, etc., that are understood as applying to the

Śūdra, are regarded as pertaining to the better class of Śūdras. As regards women, — the general rule being that ‘the Brāhmaṇa is purified by water reaching the heart &c., &c.’ (2. 62), where the different castes are specified, it would seem as if all that is prescribed for males is to be done by females also; and it is with a view to preclude this notion that we have the present text.

‘Desiring bodily purification’; — this indicates that if one is quite clean when going to read or to take food, he need not necessarily repeat the acts thrice; nor need there be washing; — all that need be done is the sipping of some quantity of water, and the touching of the organs; and not all the details that have been laid down in connection with the ‘sipping of water’ prescribed among the duties of the Student. — (137).

 

Explanatory notes by Ganganath Jha:

(Verse 139 of others.)

This verse is quoted in Aparārka (p. 40); — in Madanapārijāta (p. 53), — and in Hemādri (Śrāddha, p. 992) which explains ‘mukham’ as ‘lips.’

 

Comparative notes by various authors:

Gautama (1.36). — (See above, under 136.)

Baudhāyana (1.8.19-22) — ‘Let him thrice sip water, reaching his heart; let him wipe his lips thrice; — twice, according to some; the woman and the Śūdra, each only once.’

Āpastamba (1.16.2-6). — ‘Sitting, he shall sip water thrice, the water penetrating his heart; ho shall wipe his lips thrice, — according to some, twice; he shall then touch his lips once; — twice, according to some.’

Vaśiṣṭha (3.26-27). — ‘Having washed his feet and hands up to the wrist, and sitting with his face turned towards the east, or towards the north, he shall thrice sip water out of the Brahma-tīrtha, without uttering any sound; he shall twice wipe his lips.’

Viṣṇu (62.6, 7). — ‘Let him sip water thrice with the Brahma-tīrtha; let him wipe his lips twice.’

Yājñavalkya (1.20). — ‘Sipping water thrice, wiping his lips twice, he shall touch the cavities with water.’

Devala (Aparārka, p. 40). — ‘With the base of the thumb, he shall twice wipe his mouth; he shall never wipe it either with the finger-tips or with the back of the fingers.’

(See also the texts under 2.60, above.)

 

 

VERSE 5.138

Section XIII - Purification of Substances

 

शूद्राणां मासिकं कार्यं वपनं न्यायवर्तिनाम् ।
वैश्यवत्शौचकल्पश्च द्विजोच्छिष्टं च भोजनम् ॥१३८॥

śūdrāṇāṃ māsikaṃ kāryaṃ vapanaṃ nyāyavartinām |
vaiśyavatśaucakalpaśca dvijocchiṣṭaṃ ca bhojanam ||138||

 

By śūdras living according to law, shaving should be done every month; thus manner of purification should be like that of the Vaiśya; and their food shall consist of the leavings of twice-born men. — (139).

 

Medhātithi’s commentary (manubhāṣya):

A general rule of conduct is here laid down for the better class of Śūdras.

‘Living according to law;’ — i.e. attending on twice-born men and performing the great sacrifices. By these ‘shaving’ — of the head — shall be done ‘every month’. The Genitive in Śūdrāṇām has the sense of the Instrumental. Or, in as much as śūdras are entirely dependent upon Brāhmaṇas their shaving shall be got done by these latter; and in this case the root ‘kṛ,’ which has several meanings, is to be taken in the sense of advising.

The details of the manner of purification — in connection with births, deaths and the rest — should be like those of the Vaisḥya.

‘Their food shall consist of the leavings, or twice-born men.’ — This has been already explained before. — (138).

 

Explanatory notes by Ganganath Jha:

(Verse 140 of others.)

‘Māsikam mpanam kāryam’ means, according to Nandana, ‘shall offer the monthly Śrāddha.’

This verse is quoted in Aparārka (p. 906), which adds the following notes: — The rule of purity pertaining to the Vaiśya means a period of impurity extending over fifteen days; — ‘Nyāyavartinām’ means devoted to the service of the twice-born, the offering of the Five Great Sacrifices, the supporting of dependents, the loving of wife and so forth.

It is quoted in Smṛtitattva (II, p. 111); — in Vidhānapārijāta (II, p. 318), which leads ‘ārya’ (for ‘Vaiśya’) and explains it as Vaiśya; — in Hāralatā (p. 10), which has the following notes: — That ‘Śūdra’ is called Nyāyavartin who, with a purely religious motive, serves the Brāhmaṇa honestly and earnestly, performs the Five Sacrifices with ‘namaḥ’ as the mantra, avoids all forbidden food and forbidden acts, — such a Śūdra becomes purified in Fifteen days, in the manner of a Vaiśya, — he should shave every month, — or vapanam may mean ‘offering of Piṇḍas’ i.e., the Śrāddha on the Moonless Day, — it is only such a Śūdra that is entitled to eat the food-leavings of the Brāhmaṇa, — this curtailment of the period of impurity (from one month to fifteen days) is only for the purpose of the man serving the Brāhmaṇa, and for that of offering the Five Sacrifices and so forth, — in Varṣakriyākaumudī (p. 573), which explains vapanam as shaving and says that the Śūdra should not keep long hair, — or it may stand for the Amāvasyā Śrāddha; — and in Prāyaścittaviveka (p. 352).

 

Comparative notes by various authors:

Āpastamba (2.3.5-8). — ‘For Śūdras is prescribed the same rule of sipping water as for their masters; besides the Śūdra cooks shall daily have shaved the hair of their heads, of their beards, on their bodies, and also their nails; and they shall bathe with clothes on; or they may trim their hair and nails on the eighth day of each month, or on the Full moon and Moonless days.’

 

 

VERSE 5.139

Section XIII - Purification of Substances

 

नोच्छिष्टं कुर्वते मुख्या विप्रुषोऽङ्गं न यान्ति याः ।
न श्मश्रूणि गतान्यास्यं न दन्तान्तरधिष्ठितम् ॥१३९॥

nocchiṣṭaṃ kurvate mukhyā vipruṣo'ṅgaṃ na yānti yāḥ |
na śmaśrūṇi gatānyāsyaṃ na dantāntaradhiṣṭhitam ||139||

 

Drops from the mouth, if they do not reach the body, do not make one impure; nor the hairs of the beard that enter the mouth; nor what adheres to the teeth. — (139).

 

Medhātithi’s commentary (manubhāṣya):

In the text — ‘on having spat and on having told a lie &c.’ (5.144) — it has been laid down that on spitting one should sip water; which indicates that until one has sipped water, he remains impure. Drops issuing from the mouth would also be a form of ‘spitting;; so that the issuing of drops of water from the mouth standing on the same footing as the spitting of phlegm, it might be thought that it should necessitate the sipping of water. With a view to this contingency, the author has added the present verse.

‘Mukhyaḥ’ — produced in, or issuing from, the mouth such ‘drops’ do not make one impure, if they do not fall upon the body.

“But it has been already declared that drops are pure (5-132.)”

But that was with reference to things other than bodily excretions. That this was meant there is clearly indicated by the present verse; which makes it clear that all kinds of drops were not meant when they were declared to be pure.

‘Śmaśruṇi’ — hairs of the beard, — ‘that enter the mouth’ — ‘do not make one impure’; this has to be construed with the present phrase; so that they do become the cause of some slight evil effects (even though they do not make the man impure).

So also ‘what adheres to the teeth.’ In connection with this we have greater details in another Smṛti text — ‘What adheres to the teeth is like the teeth, except what is touched by the tongue; — some say that this is so before it falls off from the teeth; — what falls off is to be treated as saliva the man becomes pure by swallowing it.’ (Gautama 1.38 to 40.) ‘Those that fall off’ — i.e. without bang touched by the tongue: since the touch of the tongue has been declared to be not pure. — (139).

 

Explanatory notes by Ganganath Jha:

(Verse 141 of others.)

This verse is quoted in Śuddhikaumudī (p. 353), which explains ‘mukhyāḥ’ as ‘those proceeding from the mouth’ and ‘Dantāntaraviṣṭitam’ (which is its reading for Dhiṣṭhitam) as ‘what has entered between the teeth’; — and in Hemādri (Śrāddha, p. 972), which explains Dantānta as between the teeth or in the teeth-cavities and adhiṣṭhitam as attached.

 

Comparative notes by various authors:

Viṣṇu (23.53). — ‘Such drops as fall from the mouth of a man upon any part of his body do not render it impure; nor do hairs of the beard that enter his month; nor remnants of food adhering to his teeth.’

Gautama (1.38-41). — ‘Remnants of food adhering to the teeth are as his teeth (and do not make him impure), except if he touches them with the tongue; or before they fall from their place, according to some people; if they do become detached, he should know that he is purified by merely swallowing them, like saliva; drops of saliva dropping from the mouth do not cause impurity, except when they fall on a limb of the body.’

Baudhāyana (1.8.24, 25). — ‘What adheres to the teeth should be regarded like the teeth; because it is fixed like the teeth. Let him not sip water on their account in case it falls; if it flows out, he shall be pure. They quote the following: — “If anything adheres to the teeth, it is pure like the teeth; and if he swallows it, or whatever else may be in the mouth, or may remain there after he has sipped water, he will become pure.”’

Āpastamba (1.16.11-13). — ‘He does not become impure by the hair of his moustache getting into his mouth, as long as he does not touch them with his hand; if drops of saliva are perceived to fall from his mouth, then he shall sip water; some people declare that if the saliva falls on the ground, he need not sip water.’

Vaśiṣṭha (3.37). — ‘Drops of saliva falling from the mouth, which do not touch a limb of the body, do not make a man impure.’

Yājñavalkya (1.195). — ‘Drops issuing from the mouth are pure; so also the water dropped in sipping water; and the hair of the moustache entering one’s mouth; if anything adheres to the teeth, the man becomes pure by throwing it out.’

Śaṅkha (Aparārka, p. 277). — ‘What adheres to the teeth is like the teeth, when it is devoid of any taste, — except when it is touched by the tongue.’

Devala (Do.). — ‘What adheres to the teeth and cannot be taken out should be regarded as the teeth; and he should not make much effort to take it out, as if the sticks used wounded him, he would become very impure.’

 

 

VERSE 5.140

Section XIII - Purification of Substances

 

स्पृशन्ति बिन्दवः पादौ य आचामयतः परान् ।
भौमिकैस्ते समा ज्ञेया न तैराप्रयतो भवेत् ॥१४०॥

spṛśanti bindavaḥ pādau ya ācāmayataḥ parān |
bhaumikaiste samā jñeyā na tairāprayato bhavet ||140||

 

The drops that touch the feet of one who is helping others to wash should be regarded as on the same footing as those on the ground; and he is not rendered impure by them. — (140)

 

Medhātithi’s commentary (manubhāṣya):

‘Helping others to wash,’ — i.e. offering water to other persons.

The meaning is as follows When one is pouring water for another person and the latter begins to sip water, if drops of water flowing out from between the fingers of that person happen to fall on the ground and rising from it, touch the feet of the man who is offering the water, — that man is not made impure by them.

‘Those on the ground’. — The drops of water fulling from the hand of the washing person, though unclean, should be regarded to be as clean as small quantities of water collected on clean ground.

‘By them,’ — touched, the man does not become impure. — (140)

 

Explanatory notes by Ganganath Jha:

(Verse 142 of others.)

This verse is quoted in Aparārka (p. 276); — in Parāśaramādhava (Ācāra, p. 228), which notes that pādau here include the other limbs also; — and in Vīramitrodaya (Āhnika, p. 113), which adds the following notes: —

The construction is parān ācāmayataḥ; — bhūmigaiḥ means ‘the drops of water falling on the ground’; — the use of the term ācāmayataḥ implies that if the drops of water fallen from the washings of one man happen to touch others than the one who is helping in the washing, — then those latter do become impure; — pādau includes other parts of the body also, — in Smṛtisāroddhāra (p. 251), — in Hemādri (Śrāddha, p. 972), which says that the construction is parānācamayataḥ pādau, and the meaning is that ‘when one is pouring water for another person rinsing his mouth, then if the water dropped by the latter falls upon the feet of the former, it does not make him unclean, because that water is bhaumikaiḥ samāḥ, clean as any ordinary water on the ground, — it follows that this refers only to the man who is pouring water for the other; other persons standing by do become unclean by the water-drops falling on then feet, — in Nityācārapradīpa (p. 281); — and in Śuddhikaumudī (p. 353).

 

Comparative notes by various authors:

Baudhāyana (1.10.34). — ‘Where drops of water touch the feet of a man who is offering water to others for washing, no defilement is caused by them. They are as pure as water collected on the ground.’

Vaśiṣṭha (3.42). — ‘One is not defiled by the drops which fall on his feet, while he is offering water to others for sipping; they are declared to he as good as water on the ground.’

Viṣṇu (23.54). — ‘Drops trickling on the feet of a man holding water for others for sipping, are considered to be equal to waters springing from the earth; by them he is not defiled.’

Yājñavalkya (1.195). — (See above, under 139.)

 

 

VERSE 5.141

Section XIII - Purification of Substances

 

उच्छिष्टेन तु संस्पृष्टो द्रव्यहस्तः कथं चन ।
अनिधायैव तद् द्रव्यमाचान्तः शुचितामियात् ॥१४१॥

ucchiṣṭena tu saṃspṛṣṭo dravyahastaḥ kathaṃ cana |
anidhāyaiva tad dravyamācāntaḥ śucitāmiyāt ||141||

 

He who, with some substance in hand, happens to be touched by an unclean object, becomes pure by washing, without laying down that substance. — (141).

 

Medhātithi’s commentary (manubhāṣya):

The man who has committed something necessitating ‘washing’ is called ‘unclean’. For instance, one who has passed urine or evacuated his bowels, and has not performed the purificatory ablutions; or when he has been defiled by the contamination of some unclean thing.

‘With some substance in hand;’ — the person who is holding in his hand some thing to be eaten or some metal or cloth, &c., is called ‘dravyahastaḥ’, the use of the compound being similar to such compounds as ‘khadgahastaḥ’.

If such a person happens to be touched, then ‘without laying down’ — without setting aside — ‘that substance’ — he should wash.

“How can the man wash, when he has a substance in his hand? The procedure of washing has been described as ‘washing the hand upto the wrists and so forth.”

In answer to this some people offer the following explanation: — What is meant by the man being ‘with some substance in hand’ is that he should have the substance somewhere on his body, not necessarily in his hands. Similarly in the case of impurity also if the man become defiled, the contamination affects substances that may be lying on his shoulders also. Similarly purification is obtained by washing. Hence the man should perform the washing by removing the substance from his hand and keeping it on his fore-arm, in his lap or in some other part part of his body. The meaning is that just as the impurity of the man makes the substance impure so also; the purification of the man renders the substance pure.

Gautama has declared that — ‘The man with a substance in hand, happening to become unclean, should wash after having kept away the substance’ (1.28). This they explain as follows: Though both (washing and keeping away) are spoken of together, yet it is the keeping away that is meant to be enjoined by this text, otherwise all that would be necessary in the circumstances would be the purifying of both himself and the substance; and where would there be any necessity for the keeping away of the substance? Hence, since, in the absence of the text quoted, there would be no possibility of the keeping away, this text must be taken as meant only for enjoining this latter. “How then would the substance be purified?” It would be purified by being held by the pure person, — or by the ‘washing’ prescribed by another Smṛti-text: viz: ‘while dealing with foods and drinks if one happens to touch an unclean thing, he should wash the article and then sip water: in this manner it does not become defiled.’

“In the present verse nothing is said regarding the necessity of having to keep away the substance, and yet if it were to be taken as implied, the phrase ‘without laying down’ would be absolutely futile.”

As a matter of fact, the same purpose runs through all Smṛtis; and yet from the direct words of the texts in the present instance we understand that there is a clear difference of opinion (between Manu and Gautama). So that the two should be regarded as optional alternatives; and the rule determining the option would be that — (a) if the substance is a heavy one it shall be laid aside, otherwise it may be kept on the body, — or (b) when the man himself eats the food (carried), or he touches a large quantity of unclean things, or is touched by a person who should have washed but has not yet washed, — in all these cases the touching of the substance would be a source of uncleanliness (141)

 

Explanatory notes by Ganganath Jha:

(Verse 143 of others.)

This verse is quoted in Aparārka (p. 264), which notes that this refers to cloth or such other substances being in the hand; — in Madanapārijāta (p. 641); — in Ācāramayūkha (p. 17), which quotes Medhātithi to the effect that this refers to small things in the hand, — such things as can not be kept aside; — in Vidhānapārijāta (II, p. 861), — in Vīramitrodaya (Āhnika, p. 118), which notes that this refers to the hand being engaged in the holding of things other than articles of food, — says Kālpataru; — in Smrtisāroddhāra (pp. 246 and 251), — in Prāyaścittaviveka (p. 476), which says that this refers to articles of food; — in Hemādri (Śrāddha, p. 954), which says that according to Medhātithi heavy objects are kept aside, but not small objects, but according to Smṛticandrikā it refers to such clothing and other things as can not be kept aside; or it may mean that sacred vessels may not be kept aside, food and metallic things may be kept aside, and clothes and other things may or may not be kept aside; — in Nityācārapradīpa (p. 281), which quotes Viśvarupa to the effect that this refers to things other than food and vegetables; — and in Śuddhikaumudī (p. 317), which says that the man should keep the thing on his body and rinse his mouth, by which he himself, as also the thing carried, becomes purified; — according to Ratnākara, this refers to milk only.

 

Comparative notes by various authors:

Baudhāyana (1.8.27-30). — ‘If he becomes impure while holding a metal-vessel, he shall put it down, sip water and sprinkle it, when he is going to take it up: if he becomes impure while he is occupied with food, he shall put it down, sip water and sprinkle it, when he is going to take it up. If he becomes impure while occupied with water, he shall put it down, sip water and sprinkle it, when he is going to take it up. That is contrary to rule in the case of an earthen vessel.’

Vaśiṣṭha (3.43). — ‘If, while occupied with eatables, he touches any impure substance, then he shall place that thing on the ground, sip water and then use it.’

 

 

VERSE 5.142

Section XIII - Purification of Substances

 

वान्तो विरिक्तः स्नात्वा तु घृतप्राशनमाचरेत् ।
आचामेदेव भुक्त्वाऽन्नं स्नानं मैथुनिनः स्मृतम् ॥१४२॥

vānto viriktaḥ snātvā tu ghṛtaprāśanamācaret |
ācāmedeva bhuktvā'nnaṃ snānaṃ maithuninaḥ smṛtam ||142||

 

Having vomitted or purged, one should bath and then eat clarified butter. After having eaten his food, he should only sip water. For one who has copulated bathing has been ordained. — (142).

 

Medhātithi’s commentary (manubhāṣya):

‘Vomitting’ and ‘purging’ are well known. The man who throws out the food that he has eaten is said to have ‘vomitted’. The man the number of whose motions has gone beyond the number eight, — either through disease, or through his having taken Harītakī or some such purgative — is said to have ‘purged.’

These two persons should first of all bathe.

Then, they should eat clarified butter and then any other kind of food; and the injunction of eating clarified batter is meant to be a prohibition of other kinds of food. Just as in the case of expiatory rites, ashes and water are regarded as means of purification, so in the case in question, is the eating of clarified butter.

‘After having taken food he should only sip water’ — After he has taken his food, if he happen to vomit or purge on the same day, then he should do the sipping of water only, and not. bathing and eating of clarified butter.

Others have taken this independently by itself, to mean that ‘after having taken his food he should sip water this being a reiteration of the water-sipping that has already been prescribed as to be done after meals.

‘One who has copulated,’ — i.e., one who has had sexual intercourse with a woman, — becomes pure by bathing. (142).

 

Explanatory notes by Ganganath Jha:

(Verse 144 of others.)

This verse is quoted in Aparārka (p. 922); and again on (p. 926), where it explains the meaning to be that ‘if one vomits after having eaten food, he must wash’; — in Mitākṣarā (on 3.30), which adds, like Aparārka, that the last clause refers to sexual intercourse during the wife’s ‘courses’; — in Vīramitrodaya (Āhnika, p. 106), which notes that ‘viriktaḥ’ means ‘one who has abnormal purgings,’ — and that the meaning is that ‘if one vomits after he has taken his food, he should only wash, and not bathe’; — and again on p. 199 where the construction of the second half is explained as ‘bhuktvā annam vāntaḥ,’ whence the meaning is that on vomitting immediately after food, there should be washing only, — the particle ‘eva’ serving to preclude the bathing which is prescribed in the first half of the verse for one who has ‘vomitted’; — the ‘sexual intercourse,’ refers to that during the courses; — in Śuddhikaumudī (p. 331), which explains ‘viriktaḥ’ as ‘one who has had many motions,’ and adds that if one vomits immediately after taking his food, he is simply to rinse his mouth, and for the man who has had sexual intercourse during the wife’s ‘period,’ he is cleansed by bathing; — in Nityācārapradīpa (p. 334), which says that ‘vāntaḥ’ is understood after ‘bhuktvā annam,’ and adds the same notes; — and in Hemādri (Śrāddha, p. 796).

 

Comparative notes by various authors:

Āpastamba (2.1.21-23). — ‘During intercourse only they shall he together; afterwards separate; then they shall both bathe.’

Viṣṇu (22.67). — ‘Bathing is also ordained after sexual intercourse, after bad dreams, also when blood has issued from the throat and after having vomited or been purged,’

Parāśara (Aparārka, p. 922). — ‘After bad dreams and sexual intercourse, or vomiting, or purging, or shaving,... one should bathe.’

Bṛhaspati (Do.). — ‘After sexual intercourse, there should be immediate bathing.’

Yama (Do.). — ‘When there is indigestion, or purging or vomiting, or sleeping at sunset, after bad dreams, or touching a wicked man, one shall only bathe.’

 

 

VERSE 5.143

Section XIII - Purification of Substances

 

सुप्त्वा क्षुत्वा च भुक्त्वा च निष्ठीव्यौक्त्वाऽनृतानि च ।
पीत्वाऽपोऽध्येष्यमाणश्च आचामेत् प्रयतोऽपि सन् ॥१४३॥

suptvā kṣutvā ca bhuktvā ca niṣṭhīvyauktvā'nṛtāni ca |
pītvā'po'dhyeṣyamāṇaśca ācāmet prayato'pi san ||14३||

 

One should sip water after having slept, after having sneezed, after having eaten, after having spat, after having told a lie, after having drunk water, and when going to read the Veda, even though he may be quite pure. — (143).

 

Medhātithi’s commentary (manubhāṣya):

‘After having sneezed,’ — after having done sneezing, which is the name given to the sound that emanates involuntarily from the nostrils of a man moved by internal wind.

‘Even though he may be quite pure.’ — This is to be construed only with the phrase‘when going to read the Veda’; the meaning being that even though he be quite pure, he should, when going to read the Veda, read it after having sipped water; i.e., the water sipping-should be done as part of the procedure laid down in connection with Vedic study; while after sleep &c., the water-sipping shall be done once only.

As for the following declaration — ‘Having slept, having sneezed, having eaten, having drunk water, the wise man shall sip water and then again sip water; as also after having spat and told lies’, — this has to be construed to mean that ‘having sipped water, he should eat and then sip water again.’ In a case however where it is clearly stated that ‘one should sip water twice, the act has to be repeated consecutively.’ (143)

 

Explanatory notes by Ganganath Jha:

(Verse 145 of others.)

Cf 2.70.

This verse is quoted in Aparārka (p. 1139), which adds that the ‘water-sipping’ here laid down for lying is to be combined with the repeating of the Gāyatrī — the water-sipping removing the uncleanliness and the Gāyatrī removing

the sin; — in Mitākṣarā (on 1.196); — in Vīramitrodaya (Āhnika, p. 115), which notes that though this verse clearly implies that water-sipping is not done for the purpose of removing impurity, yet it is absolutely necessary, whenever one eats or drinks; — in Parāśaramādhava (Ācāra, p. 224); — in Parāśaramādhava (Prāyaścitta, p. 423), which says that this refers to unintentional lying; — in Vīramitrodaya (Saṃskāra, p. 523), which adds that ‘prayatopi’ means ‘though he may have already washed’; — and in Śuddhikaumudī (p. 349), which explains ‘Adhyeṣyamāṇaḥ’ as ‘going to read.’

 

Comparative notes by various authors:

Gautama (1.374. — ‘On sleeping, dining, and sneezing, he shall again sip water.’

Āpastamba (1.16.14). — ‘On touching during sleep or sternutation, the effluvia of the nose or the eyes, or touching

blood, hair, fire, kine, a Brāhmaṇa or a woman, and after having walked on the high road, and after having touched an impure thing or man, and after having put on his lower garment, he shall either bathe or sip or merely touch water.’

Vaśiṣṭha (3.38). — ‘If, after having sipped water, he sleeps, eats, sneezes, drinks, weeps or bathes, or puts on a dress, he must again sip water.’

Viṣṇu (22.75) — ‘Having sneezed, slept, and eaten, or going to eat and to study, or having drunk water, bathed, spat, or having put on his garment, walked on the high road, discharged urine or faeces, touched dry hone of five-toed animals — he must sip water.’

Gobhila (1.2.33). — ‘Having slept or eaten or sneezed or taken a bath or drunk something or changed his garments or walked on the high road or gone to a crematorium, — he should sip water again and again.’

Yājñavalkya (1.196). — ‘Having bathed or drunk, or sneezing or sleeping or passing along the road, or after putting on a garment, he shall sip water again, even though he may have already sipped water.’

Baudhāyana (Aparārka, p. 278). — ‘On the cloth-knot becoming loose, if he re-ties it, he shall sip water; or he may touch moist earth, cowdung or grass.’

Āpastamba (Do.). — ‘When going to eat, he shall sip water.’

Pracetas (Do.). — ‘On urinating, passing faeces, spitting or lying, he shall sip water again.’

Paiṭhīnasi (Do.). — ‘On the approach of an asthmatic fit and on passing a road-crossing, he shall sip water again.’

Hārīta (Do., p. 279). — ‘When going to sleep, he shall sip water.’

Parāśara (Aparārka, p. 780). — ‘On sneezing, or spitting, or food-remnant adhering to the teeth, on lying, and on conversing with outcasts, one shall touch the right car.’

Vṛddha-Śātātapa (Aparārka, p. 780). — ‘On passing wind, having spat, on throwing out a tooth, on sneezing, and on conversing with an outcast, one shall touch the right ear.’

Bṛhaspati (Parāśaramādhava-Ācāra, p. 224). — ‘On passing wind, on weeping, on becoming angry, on touching a cat or a rat, on laughing, on lying, one should sip water.’

Kūrmapurāṇa (Do., p. 225). — ‘After having taken his food, he shall sip water twice; on touching his hairless lips, on putting on clothes, on passing semen, faeces or urine, on improper speaking, on yawning, when going to study, on the approach of an asthmatic ñt, on passing through a road-crossing or a crematorium, — and also during the two twilights, — the Brāhmaṇa shall sip water, even though he may have sipped it already.’

 

 

VERSE 5.144 [Duties of Women]

Section XIV - Duties of Women

 

एषां शौचविधिः कृत्स्नो द्रव्यशुद्धिस्तथैव च ।
उक्तो वः सर्ववर्णानां स्त्रीणां धर्मान्निबोधत ॥१४४॥

eṣāṃ śaucavidhiḥ kṛtsno dravyaśuddhistathaiva ca |
ukto vaḥ sarvavarṇānāṃ strīṇāṃ dharmānnibodhata ||144||

 

Thus has the whole rule regarding cleanliness and purification of substances for all castes been expounded to you; listen now to the duties of women. (144).

 

Explanatory notes by Ganganath Jha:

The first three quarters sum up the section dealing with Purifications; and the fourth states briefly what is going to be explained.

The term ‘rule regarding cleanliness’, though a general one, yet, by reason of the proximity of the term ‘purification of substances’, is to be taken as standing for purification other than this latter; just as in the case of the expression ‘go-balīvarda’ (the term ‘go’ stands for the cow as distinguished from the bull, balīvarda).

‘Duties of women,’ — such duties as have to be performed exclusively by women; those that are common to men and women — such as the performance of sacrifices and the like — are not described here. — (144).

 

 

VERSE 5.145

Section XIV - Duties of Women

 

बालया वा युवत्या वा वृद्धया वाऽपि योषिता ।
न स्वातन्त्र्येण कर्तव्यं किं चिद् कार्यं गृहेष्वपि ॥१४५॥

bālayā vā yuvatyā vā vṛddhayā vā'pi yoṣitā |
na svātantryeṇa kartavyaṃ kiṃ cid kāryaṃ gṛheṣvapi ||145||

 

Whether she be a child, or a young woman, or an aged woman, she should not do any act by herself, even in the house. — (145).

 

Medhātithi’s commentary (manubhāṣya):

The sense of the teaching is that under no circumstances should there be independence for women. The mention of the various stages of her age, is meant only to indicate where she has to be dependent upon others, and no significance is meant to attach to it. — (145).

 

Explanatory notes by Ganganath Jha:

(Verse 147 of others.)

This verse is quoted in Vivādaratnākara (p. 427); — in Madanapārijāta (p. 192); — and in Varṣakriyākaumudī (p. 577).

 

Comparative notes by various authors:

Gautama (18.1). — ‘A wife is not independent with respect to the fulfilment of the sacred law.’

Baudhāyana (2.3.44). — ‘Women do not possess independence.’

Vaśiṣṭha (5.1). — ‘A woman is not independent; the males are her masters.’

Viṣṇu (25.12). — ‘Not to act by herself in any matter (is the duty of the woman).’

(See texts below, under 9.2.)

 

 

VERSE 5.146

Section XIV - Duties of Women

 

बाल्ये पितुर्वशे तिष्ठेत् पाणिग्राहस्य यौवने ।
पुत्राणां भर्तरि प्रेते न भजेत् स्त्री स्वतन्त्रताम् ॥१४६॥

bālye piturvaśe tiṣṭhet pāṇigrāhasya yauvane |
putrāṇāṃ bhartari prete na bhajet strī svatantratām ||146||

 

In childhood she should remain under the control of her father, in youth under that of her husband, and on the husband’s death under that of her sons; the woman should never have recourse to independence. — (146).

 

Medhātithi’s commentary (manubhāṣya):

It has been declared thus — ‘In the absence of any sapiṇḍa-relation of her husband, some one on her father’s side shall be the woman’s protector; on the total extinction of both families, the King has been declared to be the woman’s guardian.’

This refers to a case where the husband is no more. (146).

 

Explanatory notes by Ganganath Jha:

(Verse 148 of others.)

This verse is quoted in Vivādaratnākara (p. 427); — and in Parāśaramādhava (Prāyaścitta, p. 286), which adds that a woman living on terms of intimacy with any one other than her natural guardians should be regarded as ‘lost.’

 

Comparative notes by various authors:

Baudhāyana (2.3.45). — ‘hey quote the following: — “Their father protects them in childhood; their husbands, in youth; their sons, in old age; a woman is never fit for independence.”’

Vaśiṣṭha (5.2). — ‘They quote the following: — “Their father protects them in childhood; their husbands in youth; their sons, in old age; a woman is never fit for independence.”’

Viṣṇu (25.13). — ‘To remain subject, in her infancy, to her father, in her youth, to her husband, and in her old age, to her sons (is the duty of the woman).’

Yājñavalkya (1.85). — ‘Her Father shall protect her while she is unmarried; her husband, when she has been married; her sons in her old age; in the absence of these, her relations shall protect her; the woman nowhere has independence.’

Smṛtyantara (Aparārka, p. 109). — ‘When she has no relations on either side, the king is the supporter and master of the woman; he shall support her and chastise her, if she deviates from the right path.’

 

 

VERSE 5.147

Section XIV - Duties of Women

 

पित्रा भर्त्रा सुतैर्वाऽपि नेच्छेद् विरहमात्मनः ।
एषां हि विरहेण स्त्री गर्ह्ये कुर्यादुभे कुले ॥१४७॥

pitrā bhartrā sutairvā'pi necched virahamātmanaḥ |
eṣāṃ hi viraheṇa strī garhye kuryādubhe kule ||147||

 

She should not seek separation from her father, husband or sons: by separating, the woman would render both families disreputable. — (147).

 

Medhātithi’s commentary (manubhāṣya):

The ground for ‘disrepute’ would consist in the irregularity of her life; this is what is meant by the words ‘would render both families disreputable.’ This passage has to be explained as ‘By living or going about in other villages, apart from the persons mentioned, &c., &c.’ — (147).

 

Explanatory notes by Ganganath Jha:

(Verse 149 of others.)

This verse is quoted in Vivādaratnākara (p. 427); — in Madanapārijāta (p. 192); — in Saṃskāramayūkha (p. 118); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 67a).

 

Comparative notes by various authors:

Yājñavalkya (1.86). — ‘On being deprived of her husband, she shall never live separate from her father, mother, son, brother, father-in-law, mother-in-law or maternal uncle.’

 

 

VERSE 5.148

Section XIV - Duties of Women

 

सदा प्रहृष्टया भाव्यं गृहकार्ये च दक्षया ।
सुसंस्कृतोपस्करया व्यये चामुक्तहस्तया ॥१४८॥

sadā prahṛṣṭayā bhāvyaṃ gṛhakārye ca dakṣayā |
susaṃskṛtopaskarayā vyaye cāmuktahastayā ||148||

 

She should be always cheerful and alert in household-work; she should have the utensils well-cleaned and in spending she should be close-fisted. — (148).

 

Medhātithi’s commentary (manubhāṣya):

The term ‘sadā’, like the term ‘nitya’, signifies constantly.

‘Cheerful’ — always smiling. Even though elsewhere the might have had reasons for anger and sorrow, yet when she sees her husband, she should show that she is happy, by means of a cheerful face, smiles, sweet words and so forth. This advice is meant for the married as well as the unmarried girl.

‘Alert in household-work,’ — in laying by and spending money in such religious acts as bathing and the like. What is ‘household-work’ has been explained in 9.11. In all that she should be ‘alert’, expert. That is to say, she should be able to cook food quickly and so forth.

‘She should have the utensils well cleaned’ — Vessels used in the house, such as the jar, the the and so forth, are called ‘utensils’; and all these should be ‘well cleaned’, thoroughly washed and nice-looking.

‘In spending’ — wealth, over the feeding of friends, relations and guests, — ‘she should be close-fisted’ — not too liberal; that is, she should not spend too much.

‘Susaṃskṛtopaskaraya’ is a Bahuvrīhi compound — ‘she whose upaskaras, utensils, are susaṁskṛta, ‘well-cleaned.’ Similarly ‘mukta-hastayā’ means ‘she whose hasta, fist, is mukta, open’; and this is compounded with the negative particle. But apart from its literal meaning, the word ‘mukta-hasta’ denotes, by convention, liberality — (148).

 

Explanatory notes by Ganganath Jha:

(Verse 150 of others.)

This verse is quoted in Madanparāijāta (p. 192); — in Vivādaratnākara (p. 427); — in Varṣakriyākaumvdī (p. 577), which explains ‘upaskara’ as ‘household implements’; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 67a).

 

Comparative notes by various authors:

Viṣṇu (25.4-6). — ‘(The duties of woman) — To keep household articles in good array; to maintain saving habits; to be careful with her domestic utensils.’

Yājñavalkya (1.83). — ‘Keeping household articles in good order, expert, joyous, averse to expenditure, devoted to her husband, she shall offer obeisance to the feet of her parents-in-law.’

Śaṅkha (Aparārka, p. 108). — ‘She should not go out of the house until told to do so; she shall never go out without her upper garment; shall not walk fast; shall never speak to another man, except to the trader, the wandering mendicant, the old and the physician; shall never expose her navel, etc., etc.’

Śukranīti (4.4.11). — ‘Woman has no separate right to the employing of the means of realising the three ends of Merit, Wealth and Pleasure.’

 

 

VERSE 5.149

Section XIV - Duties of Women

 

यस्मै दद्यात् पिता त्वेनां भ्राता वाऽनुमते पितुः ।
तं शुश्रूषेत जीवन्तं संस्थितं च न लङ्घयेत् ॥१४९॥

yasmai dadyāt pitā tvenāṃ bhrātā vā'numate pituḥ |
taṃ śuśrūṣeta jīvantaṃ saṃsthitaṃ ca na laṅghayet ||149||

 

Him to whom her father may give her, — or her brother with the father’s permission, — she shall attend upon as long as he lives, and shall not disregard him when he is dead. — (149).

 

Medhātithi’s commentary (manubhāṣya):

‘Or her brother with the father’s permission’ — Just as the brother is entitled to give away the girl only with the father’s permission, so also is the father entitled to give her away only with the consent of her mother, though the present text speaks of the father as if he were free to give her away without consulting anyone else. And the reason for this lies in the fact that in all things the husband and wife have joint title, and the daughter belongs to both the parents. In fact in Discourse IX it is pointed oat that if the father is not alive, the girl may be given away by the mother. The child is born of both parents, and on this rests their right over her; hence it is only right that both should consult each other.

‘Attend upon’ — Serve.

‘When he dead, she shall not disregard him.’ — ‘Disregarding’ means not minding. The meaning is that she should not behave as if she were her own mistress; just as during her husband’s life-time she is dependent upon him, so after his death also, she should ever remain subservient to him. Since it has been declared that — ‘the fact that she has been given away constitutes the ground of his ownership over her’, — as soon as the father gives away his daughter, his ownership over her ceases, and then comes into existence the ownership of the man to whom she is given away. This ‘giving away’ happens not only at the time of marriage, but even at the time at which the bridegroom is chosen.

“For what purpose then is the marriage performed?”

[The answer is given in the next verse.]

 

Explanatory notes by Ganganath Jha:

(Verse 151 of others.)

This verse is quoted in Varṣakriyākaumudī (p. 579); — and in Smṛticandrikā (Saṃskāra, p. 223), which says that the Father and the Brother are the chief persons to give away a girl, and it does not preclude others from giving her away.

 

Comparative notes by various authors:

Viṣṇu (25.13-14). — ‘To remain subject............ to her husband, in her youth...... after the death of her husband, to preserve her chastity, or to ascend the pile after him.’

Do. (25.17). — ‘A good wife who perseveres in a chaste life after her lord’s death will go to heaven like life-long students, even though she has no son.’

Yājñavalkya (l.83). — (See above.)

Do. (1.75). — ‘On the death of her husband, or while he is alive, if she never approaches another man, she attains fame in this world and rejoices in the company of the Goddess Umā.’

 

 

VERSE 5.150

Section XIV - Duties of Women

 

मङ्गलार्थं स्वस्त्ययनं यज्ञश्चासां प्रजापतेः ।
प्रयुज्यते विवाहे तु प्रदानं स्वाम्यकारणम् ॥१५०॥

maṅgalārthaṃ svastyayanaṃ yajñaścāsāṃ prajāpateḥ |
prayujyate vivāhe tu pradānaṃ svāmyakāraṇam ||150||

 

At their wedding, the sacrifice to Prajāpati, which is the means of securing welfare, is performed for the purpose of procuring good fortune; it is the giving away that is the source of ownership. — (150).

 

Medhātithi’s commentary (manubhāṣya):

‘Good fortune’ consists in the accomplishment of the desired object; what brings about this is said to be ‘for that purpose;’ it is for this that there is ‘sacrifice to Prajāpati.’ The term ‘maṅgalārtham’ is in the neuter form, because it is an adverb.

‘Svastyayanam’ is that by which ‘svasti’, welfare — ‘īyate’, — is secured; i.e. whereby the person’s loved objects do not become lost.

‘Their’ — of women.

‘At wedding’, ‘sacrifice’ is offered to the deity Prajāpati. This refers to certain offerings of butter that are presented as to be made at marriage with the mantras ‘Prajāpate &c.’ This is only illustrative: it indicates the other deities also — e.g. Pūṣan, Varuṇa and Aryaman. Indicative also of these other deities are such mantra-texts as — ‘Puṣannu devam varuṇanna devam, &c., &c.’

What, the present text, means is that even without the marriage, ownership is produced by the giving away; and no significance is meant to be attached to the statement that the marriage-sacrifices are performed only for the purpose of securing good fortune; because ‘marriage’ has been declared to consist in the ‘taking of a wife’; and even though there may be ownership, the girl does not become ‘wife’ until the marriage is performed. — (150).

 

Explanatory notes by Ganganath Jha:

(Verse 152 of others.)

‘Svastyayanam’ — ‘The recitation of benedictory verses’ (Govindarāja and Kullūka); — ‘the Puṇyāhavācana and the rest’ (Nārāyaṇa); — ‘the recitation of the texts that precede the nuptial Homa’ (Rāghavānanda and Nandana); — ‘that whereby welfare is acquired,’ (Medhātithi who does not connect the word with ‘yajñaḥ’).

‘Prajāpateḥ’ — Medhātithi takes this as ‘referring to the oblations at marriage to Prajāpati with the mantra Prajāpate na tvadetanya &c.’ (Ṛgveda 10.121.10), laid down in certain Gṛhyasūtras; — Nārāyaṇa holds that ‘Prajāpatī’ here stands for Manu, who is the guardian deity of the bride.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 853),.which adds the following notes: — ‘Svastyayana’ means ‘the request to Brāhmaṇas for the pronouncing of the benedictory syllable svasti,’ — ‘Prajāpati-yajña means ‘the offering of cooked rice into fire to Prajāpati’; — and in Vyavahāra Bālambhaṭṭi (p. 529).

It is quoted in Smṛtitattva, (p. 130) which adds the following notes: — ‘Svastyayanam’ stands for the wearing of gold for the purpose of passing a happy life, or for the request to Brāhmaṇas for pronouncing the syllable svasti; and the offering ‘to Prajāpati’ is that which is made during marriage to Prajāpati as the deity; — the ‘svāmyakāraṇa’ is the ‘giving’, the actual giving away, not the mere betrothal.

 

 

VERSE 5.151

Section XIV - Duties of Women

 

अनृतावृतुकाले च मन्त्रसंस्कारकृत् पतिः ।
सुखस्य नित्यं दातैह परलोके च योषितः ॥१५१॥

anṛtāvṛtukāle ca mantrasaṃskārakṛt patiḥ |
sukhasya nityaṃ dātaiha paraloke ca yoṣitaḥ ||151||

 

The husband who has performed the mantric sacramental rites for women is the imparter of happiness to them both in season and out of season, here as well as in the next world. — (151).

 

Explanatory notes by Ganganath Jha:

The husband is ‘the importer of happiness’ to his wife ‘out of season’ also, — in accordance with the rule ‘one may have recourse to his wife at all times, except on the days expressly prohibited.’

‘Mantric sacramental rite’ — i.e., the marriage-ceremony; he who has performed this is called the ‘Mantrasaṃskārakṛt.’

‘In the next world.’ — Since it is only along with her husband that the wife is entitled to the performance of religious acts, and the acquiring of their results, — the husband is called ‘the importer of happiness in the next world,’ — (151).

 

 

VERSE 5.152

Section XIV - Duties of Women

 

विशीलः कामवृत्तो वा गुणैर्वा परिवर्जितः ।
उपचार्यः स्त्रिया साध्व्या सततं देववत् पतिः ॥१५२॥

viśīlaḥ kāmavṛtto vā guṇairvā parivarjitaḥ |
upacāryaḥ striyā sādhvyā satataṃ devavat patiḥ ||152||

 

Be he ill-mannered or of licentious habits or destitute of good qualities, — the husband should always be attended upon like a god by the true wive. — (152).

 

Medhātithi’s commentary (manubhāṣya):

‘Ill-mannered.’ — Addicted to gambling and other evil habits.

‘Of licentious habits’ — whose nature is prone to be voluptuous.

‘Destitute of good qutalities’ — devoid of learning, wealth and other good qualities.

‘Should he attended upon’ — served. — (152).

 

Explanatory notes by Ganganath Jha:

(Verse 154 of others.)

Cf. 9.78 et. seq.

This verse is quoted in Madanapārijāta, (p. 193); — in Saṃskāraratnamālā, (p. 675), which leads ‘upacāraiḥ’ (for ‘upacaryaḥ’), and says that ‘pūjanīyaḥ,’ ‘should be honoured’, is understood; — in Nṛsiṃhaprasāda (Saṃskāra, p. 67a); — and in Varṣakriyākaumudī, (p. 579).

 

Comparative notes by various authors:

(verses 5.152-153)

Yājñavalkya (1.77). — ‘Women should act up to the words of their husbands, — this is the highest duty of woman.’

Śaṅkha (Aparārka, p. 102). — ‘Only with the permission of her husband shall she undertake fasts, observances and the like.’

Viṣṇu (25.15-16). — ‘No sacrifice, no penance, and no fasting is permitted to women apart from their husbands; to pay obedience to her lord is the only means for a woman to obtain bliss in heaven. A woman who keeps a fast or performs a penance in the life-time of her husband, deprives him of his life and will go to hell.’

Mārkaṇḍeya (Parāśaramādhava, Prāyaścitta, p. 31). — ‘If a woman without the permission of her father, husband or son performs a penance, it becomes futile.’

Kātyāyana (Parāśaramādhava, Prāyaścitta, p. 31). — ‘The wife should perform penances only with the permission of her husband.’

 

 

VERSE 5.153

Section XIV - Duties of Women

 

नास्ति स्त्रीणां पृथग् यज्ञो न व्रतं नाप्युपोषणम् ।
पतिं शुश्रूषते येन तेन स्वर्गे महीयते ॥१५३॥

nāsti strīṇāṃ pṛthag yajño na vrataṃ nāpyupoṣaṇam |
patiṃ śuśrūṣate yena tena svarge mahīyate ||153||

 

There is no separate sacrificing for women, no observances, no fastings; it is by means of serving her husband that she becomes exalted in heaven. — (153).

 

Medhātithi’s commentary (manubhāṣya):

It has been more than once explained that women, separated from their husbands are not entitled to the performance of sacrifices. From this it follows that, when going to keep an observance or to take to a fast, she should obtain his permission.

‘Observance’ here stands for the vow to give up meat, wine and such things; it does not stand for the Kṛcchra and other penancce; because the repeating of mantras and offering of libertions form part of these latter, end to these the women is not entitled. It will not be right to argue here that — “it would be possible for the woman to perform the Kṛcchra and other penances, omitting the mantras and the libations” because it can never be right to abandon, at one’s will, the details of a sacrificial performance; specially as it is only the act complete in all its details that is regarded as lending to prosperity and success. Nor does the dropping or adding of details depend upon the varying capacities of performers. Then again, a woman has always available men of her own caste, among the three higher castes, who could perform for her the mid acts. For these reasons neither the woman nor the Śūdra, desiring her own welfare, is entitled to the performance of the Kṛcchra and other penances. We shall explain this in detail under the Expiatory Rites.

‘Fasting’ — living without food, giving up eating for one day. two days or such limited periods.

‘Serves’ — attends upon. — (153).

 

Explanatory notes by Ganganath Jha:

(Verse 155 of others.)

This verse is quoted in Gadādharapaddhati (Kāla, pp. 52 and 129), which says that if she does the fasting with the husband’s permission, there is nothing wrong; — in Saṃskāraratnamālā (p. 675), which says that this refers to the ‘month-fast’ and so forth, and not to those in connection with the Gaurīvrata and the like; — in Nṛsiṃhaprasāda (Saṃskāra, p. 67a); — in Varṣakriyākaumudī, (p. 579); — in Purṣārthacintāmaṇi, (p. 201); — in Smṛtisāroddhara, (p. 101); — in Hemādri (Kāla, p. 176); — in Kālamādhava (p. 257); — in Aparārka (p. 602), which adds that the wife may, with her husband’s permission, keep such fasts and observances as are not incompatible with her attendance upon him; — in Madanapārijāta (p. 193); — and in Vidhānapārijāta (II, p. 729) to the effect that religious acts art; to be performed by the wife only in association with her husband.

 

Comparative notes by various authors:

(verses 5.152-153)

See Comparative notes for Verse 5.152.

 

 

VERSE 5.154

Section XIV - Duties of Women

 

पाणिग्राहस्य साध्वी स्त्री जीवतो वा मृतस्य वा ।
पतिलोकमभीप्सन्ती नाचरेत् किं चिदप्रियम् ॥१५४॥

pāṇigrāhasya sādhvī strī jīvato vā mṛtasya vā |
patilokamabhīpsantī nācaret kiṃ cidapriyam ||154||

 

The good wife, desirous of reaching her husband’s regions, should never do anything that m ay be disagreeable to her husband, alive or dead. — (154).

 

Medhātithi’s commentary (manubhāṣya):

‘Her husband’s regions’ — The regions to which she has become entitled by the performance of religions acts in the company of her husband.

‘Being desirous’ of reaching those regions, — ‘she should never do anything that might be disagreeable’; i.e., such acts as intercourse with other men and so forth, which have been forbidden by the Scriptures. It is not possible for anyone to ascertain what is agreeable or disagreeable to the dead person; it is not necessary that what was agreeable to the living would be agreeable to the dead also; because notions of pleasure and displeasure vary with the varying conditions of men. From all this it follows that what is meant by ‘disagreeable’ here is that ‘freedom of life’ which has been forbidden for women and this the good wife should avoid. — (154).

 

Explanatory notes by Ganganath Jha:

(Verse 156 of others.)

Cf. 9.64 et seq; 9.29.

This verse is quoted in Madanapārijāta (p. 193).

 

Comparative notes by various authors:

(verses 5.154-163)

Yājñavalkya (l.75). — (See under 149).

Viṣṇu (25.17). — (Sec under 149).

Parāśara (4.29). — ‘If, on the death of her husband, a woman remains firm in her chastity, she obtains heaven, on death, in the manner of the Religious Students.’

Āpastamba (2.23.4). — ‘Those eighty thousand sages who desired offspring passed to the South by Aryaman’s road and obtained cremation. Those eighty thousand sages who desired no offspring passed to the North by Aryaman’s road and obtained immortality. Thus are praised those who keep the vow of chastity.’

Nāradīya (Parāśaramādhava, Prāyaścitta, p. 30). — ‘If, through longing for pleasure, she cheats her husband, she is born as an insect for hundred births, and then as a Cāṇḍālī.’

Śukranīti (4.4.9). — ‘The woman (or Śūdra) should never practise the following, without her husband (or master): — recital of hymns, penances, pilgrimages, foreign travel, reciting of mantras and worship of gods. Woman has no separate right to employ the means for attaining spiritual merit, wealth and pleasure.’

Do. (4.4.57-59). — ‘On the death of her husband, the chaste woman should either accompany him or observe the vows; she should not go to other houses; she should maintain chastity, control her passions and give up personal adornment.’

 

 

VERSE 5.155

Section XIV - Duties of Women

 

कामं तु क्षपयेद् देहं पुष्पमूलफलैः शुभैः ।
न तु नामापि गृह्णीयात् पत्यौ प्रेते परस्य तु ॥१५५॥

kāmaṃ tu kṣapayed dehaṃ puṣpamūlaphalaiḥ śubhaiḥ |
na tu nāmāpi gṛhṇīyāt patyau prete parasya tu ||155||

 

Well might she macerate her body by means of pure flowers, roots and fruits; but she should not even mention the name of another man, after her husband is dead — (155).

 

Medhātithi’s commentary (manubhāṣya):

What has been said in the preceding verse is explained more specifically in the present verse.

As in the case of men, so in that of women also suicide is forbidden. As for what Aṅgiras has said — ‘they should die after their husband’, — this also is not an obligatory act, and so it is not that it must be done. Because in connection with it there is an eulogium bestowed upon the results proceeding from such suicide. Thus then, the performing of the act being possible only for one who is desirous of obtaining the said result, the act stands on the same footing as the Śyena sacrifice. That is, in connection with the Śyena sacrifice we have the Vedic text — ‘one may kill living beings by means of the Śyena sacrifice,’ — and this makes the performance of this sacrifice possible; but only for one who has become blinded by extreme hatred; so that when the man does perform the act, it does not become regarded as ‘Dharma,’ a ‘meritorious act’; exactly in the same manner, when the widow happens to have a very strong desire for the results accruing from the act of suicide, it is open to her to disobey the prohibition of it and kill herself; but in so doing she cannot be regarded as acting according to the scriptures. From this it is clear that the act of killing herself after her husband is clearly forbidden for the woman. Further, in view of the distinct Vedic text — ‘one shall not die before the span of his life is run out’ — being contradicted by the Smṛti-text of Aṅgiras, this latter is open to bring assumed to have some other meaning. Just as in the case of the Smṛti rule ‘one should take the final bath after having read the Veda’, — the injunction of the bath, as pertaining to one who has not yet studied the meaning of the Vedic texts, has been taken as having a different meaning.

It may happen so that the widow is childless, has not inherited any property from her husband and has to maintain herself by spinning or some such work; and she does not wish to marry again, because her husband was very dear to her and any disregard for him would be against the scriptures and is even distinctly forbidden; so that knowing that in abnormal times of distress all transgressions are permissible, — as was the case when Viśvāmitra partook of the dog’s thigh — she might, being pinched for a living, be tempted to some transgression. It is with a view to such a case that the author has put forward the present text.

Under the stated circumstances ‘well might’ the woman ‘macerate’ — reduce — ‘her body’ — ‘by means of flowers, roots and fruits’; — i.e., she might maintain herself upon these, according as they may be available; ‘but she shall not even mention the name of another man’ — by saying to him ‘you are my husband to-day’.

As for the text — ‘When the husband is lost or killed or become a renunciate, or is found to be impotent, or become an outcast, — under these five difficulties, another husband is sanctioned for women’ (Parāśara — what is meant is that she may for the purpose of obtaining a living by doing such work of as that of the maid &c., have recourse to another man as her protector, — this being the literal meaning of the term ‘pati’.

This shall he fully dealt with under discourse IX.

This rule also is applicable to the woman whose husband has gone out on a journey.

The use of the term ‘kāmam’ — ‘well might’ — is meant to indicate the author’s displeasure at the course of conduct suggested; the sense being — ‘the emaciating of the body is bad, and worse still is the set of having intercourse with another man.’ — (155).

 

Explanatory notes by Ganganath Jha:

(Verse 157 of others.)

This verse is quoted in Mitākṣarā (on 2.127), to the effect that never for her livelihood should the widow seek the shelter of another man; — in Varṣakriyākaumudī, (p. 576); — in Saṃskāramayūkha, (p. 119); — and in Vīramitrodaya (Vyavahāra, p. 186b).

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.156

Section XIV - Duties of Women

 

आसीतामरणात् क्षान्ता नियता ब्रह्मचारिणी ।
यो धर्म एकपत्नीनां काङ्क्षन्ती तमनुत्तमम् ॥१५६॥

āsītāmaraṇāt kṣāntā niyatā brahmacāriṇī |
yo dharma ekapatnīnāṃ kāṅkṣantī tamanuttamam ||156||

 

Till her death, she should remain patient, self-controlled and chaste, — seeking that most excellent merit that accrues to women having a single husband. (156).

 

Medhātithi’s commentary (manubhāṣya):

What has gone before is further explained.

‘Till her death she should remain chaste’; — i.e., even under the said distressing conditions she shall not seek to maintain herself by misbehaviour.

‘Patient’ — disregarding the troubles caused by her circumstances, she shall not allow her chastity to be disfigured by hunger; she shall not allow her mind to be disturbed by the waves of passion.

The compound ‘ekapatni (ekapatnī?)’ may be expounded either as ‘those who have a single husband,’ or ‘those who are wives of single men’; such women, as Sāvitrī and the rest; — the ‘merits’ accruing to such women; which brings such results as the capacity to confer boons and pronounce curses; — ‘seeking’ such merit, the woman should not renounce chastity.

Under the said circumstances, if, by living upon fruits and roots, she happen to die, — there would be nothing wrong in this. — (156).

 

Explanatory notes by Ganganath Jha:

(Verse 158 of others.)

This verse is quoted in Mitākṣarā, (on, 2.127) as forbidding the widow having recourse to another man for the sake of off-spring.

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.157

Section XIV - Duties of Women

 

अनेकानि सहस्राणि कुमारब्रह्मचारिणाम् ।
दिवं गतानि विप्राणामकृत्वा कुलसन्ततिम् ॥१५७॥

anekāni sahasrāṇi kumārabrahmacāriṇām |
divaṃ gatāni viprāṇāmakṛtvā kulasantatim ||157||

 

Many thousands of unmarried Brāhmaṇa students have gone to heaven, without having perpetuated their race — (157).

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has prohibited intercourse with another man for the purpose of maintenance; the present verse prohibits it, if betaken to for the purpose of continuing the race.

It has been declared that ‘there is no heaven for the childless person (‘aputrasya’).’ But in this sentence no significance attaches to the masculine gender used. In view of this text a widow might be prompted to take to another husband; and it is for meeting such a case that we have the present text.

‘Many thousands of unmarried students’ — life-long celebates — ‘have gone to heaven’ — do go to heaven.

As for the‘Niyoga’ that is prescribed for the widow in Discourse IX, that refers to a case where she is commanded to do so by her elders and not where she herself desires offspring.

‘Without having perpetuated their race’ — The begetting of offspring is for the purpose of perpetuating one’s race; and they did not do it; i.e., they did not beget children.

‘Many, anekāni’. — In a negative compound the latter term forms the predominant factor: hence the use of the plural ending is open to question. Even though the compound contains the negation of unity, vet plurality is inadmissible. What the word signifies therefore is a very large number, though its exact nature is not expressed, and the character of unity is abandoned. Just as it is in the case of such words as ‘modat’ (?), ‘grāmaḥ’ and the like which denote multitude. Says the author of the Cūrṇikā — ‘The form anekasmāt becomes justified where he has declared the correctness of the use of the singular number.

Or, the term ‘aneka’ may signify‘alone, helpless’; the meaning being ‘the men who had become helpless by the death of their wife.’ — (157).

 

Explanatory notes by Ganganath Jha:

(Verse 159 of others.)

This verse is quoted in Mitākṣarā, (on 2.127) to the same effect as the preceding verse; — and in Parāśaramādhava, (Prāyaścitta, p. 45) as laying down a life of continence for the widow.

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.158

Section XIV - Duties of Women

 

मृते भर्तरि साध्वी स्त्री ब्रह्मचर्ये व्यवस्थिता ।
स्वर्गं गच्छत्यपुत्राऽपि यथा ते ब्रह्मचारिणः ॥१५८॥

mṛte bhartari sādhvī strī brahmacarye vyavasthitā |
svargaṃ gacchatyaputrā'pi yathā te brahmacāriṇaḥ ||158||

 

On the death of her husband, the good wife who remains firm, goes to heaven, even though childless; just like those students — (158).

 

Medhātithi’s commentary (manubhāṣya):

The same thing is repeated again, for the purpose of strengthening our conviction. — (159).

 

Explanatory notes by Ganganath Jha:

(Verse 160 of others.)

This verse is quoted in Mitākṣarā (on 2.127) to the same effect as the last two verses; — in Madanapārijāta (p. 198) to the effect that a woman devoted to her husband need not follow him in death; — ‘Sādhvī’ means ‘pativratā,’ ‘one devoted to her husband’; if it meant simply ‘chaste’, then the phrase ‘brahmacarye vyavasthitā’ would be a needless repetition; — in Varṣakriyākaumudī (p. 577); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 67b and Vyavahāra, p. 38a).

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.159

Section XIV - Duties of Women

 

अपत्यलोभाद् या तु स्त्री भर्तारमतिवर्तते ।
सेह निन्दामवाप्नोति परलोकाच्च हीयते ॥१५९॥

apatyalobhād yā tu strī bhartāramativartate |
seha nindāmavāpnoti paralokācca hīyate ||159||

 

That woman, however, who from a longing for a child, disregards her husband, brings disgrace to herself in this world and falls off from her place in the other world. — (159).

 

Medhātithi’s commentary (manubhāṣya):

Her longing being — ‘may a child be born to me’; this is the ‘longing for a child.’ From this cause if the woman disregards her husband and becomes wedded to smother man, she brings to herself ‘disgrace’ — bad name — ‘in this world’; and never reaches heaven. — (159).

 

Explanatory notes by Ganganath Jha:

(Verse 161 of others.)

This verse is quoted in Mitākṣarā (on 2.127) as deprecating Niyoga; — in Parāśaramādhva (Prāyaścitta, p. 30); — and in Nṛsiṃhaprasāda (Vyavahāra, p. 38a).

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.160

Section XIV - Duties of Women

 

नान्योत्पन्ना प्रजाऽस्तीह न चाप्यन्यपरिग्रहे ।
न द्वितीयश्च साध्वीनां क्व चिद् भर्तोपदिश्यते ॥१६०॥

nānyotpannā prajā'stīha na cāpyanyaparigrahe |
na dvitīyaśca sādhvīnāṃ kva cid bhartopadiśyate ||160||

 

What is born of another is not a ‘child’: nor is one begotten on another man’s wife; for good women a second husband is nowhere ordained. — (160).

 

Medhātithi’s commentary (manubhāṣya):

The child that is born for her from another man is not her ‘child’; similarly what is begotten by a man on another man’s wife is not his child. — (160)

 

Explanatory notes by Ganganath Jha:

(Verse 162 of others.)

‘Naprajā’ — ‘Is not her offspring at all’ (Medhātithi, Nārāyaṇa and Nandana); — ‘is not her lawful child’ (Kullūka and Govindarāja).

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.161

Section XIV - Duties of Women

 

पतिं हित्वाऽपकृष्टं स्वमुत्कृष्टं या निषेवते ।
निन्द्यैव सा भवेल्लोके परपूर्वैति चौच्यते ॥१६१॥

patiṃ hitvā'pakṛṣṭaṃ svamutkṛṣṭaṃ yā niṣevate |
nindyaiva sā bhavelloke parapūrvaiti caucyate ||161||

 

She, who, having abandoned her own husband who is inerior, has recourse to another person who is superior, becomes contemptible in this world and is called a ‘remarried woman.’ — (161).

 

Medhātithi’s commentary (manubhāṣya):

It is not only Contempt and disgrace that is hers; but something more (described in the next verse). — (161).

 

Explanatory notes by Ganganath Jha:

(Verse 163 of others.)

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 30); — and in Vivādaratnākara (p. 452), which adds that for being called ‘Parapūrva’ the only necessary condition is that she should have taken another husband; and not that this husband must be of a lower caste (as the words of the text would seem to imply).

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.162

Section XIV - Duties of Women

 

व्यभिचारात् तु भर्तुः स्त्री लोके प्राप्नोति निन्द्यताम् ।
शृगालयोनिं प्राप्नोति पापरोगैश्च पीड्यते ॥१६२॥

vyabhicārāt tu bhartuḥ strī loke prāpnoti nindyatām |
śṛgālayoniṃ prāpnoti pāparogaiśca pīḍyate ||162||

 

The woman, who, through failure in her duty to her husband, becomes an object of contempt in the world, comes to be born as a jackal and is tormented by foul diseases. — (162).

 

Medhātithi’s commentary (manubhāṣya):

For these reasons, the woman shall not fail in her duty to her husband, — either with a view to worldly or heavenly joys. — (162).

 

Explanatory notes by Ganganath Jha:

(Verse 164 of others.)

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 30); — in Vivādaratnākara (p. 437): — and in Varṣakriyākaumudī (p. 579).

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

 

 

VERSE 5.163-164

Section XIV - Duties of Women

 

पतिं या नाभिचरति मनोवाग्देहसंयुता ।
सा भर्तृलोकमाप्नोति सद्भिः साध्वीति चोच्यते ॥१६३॥

अनेन नारी वृत्तेन मनोवाग्देहसंयता ।
इहाग्र्यां कीर्तिमाप्नोति पतिलोकं परत्र च ॥१६४॥

patiṃ yā nābhicarati manovāgdehasaṃyutā |
sā bhartṛlokamāpnoti sadbhiḥ sādhvīti cocyate ||163||

anena nārī vṛttena manovāgdehasaṃyatā |
ihāgryāṃ kīrtimāpnoti patilokaṃ paratra ca ||164||

 

She, who does not fail in her duty to her husband, having her thought, speech and body well-controlled, reaches her husband’s regions; and is called ‘good’ by all gentle-men. — (163).

By such conduct, the woman, having her thought, word and body well controlled, obtains excellent fame in this world, and also her husband’s region in the other world. — (164).

 

Medhātithi’s commentary (manubhāṣya):

These verses sum up the duties of women; and these duties are easily intelligible; hence I have devoted no attention to the explanation of these.

The meaning of the teaching is as follows: — Though the man is permitted (in 167) to take to another wife, yet that does not permit of the woman taking another husband; because according to the injunction — ‘she shall not disregard him when he is dead’, there can be no possibility of her marrying again; and by the assertion that ‘even childless persons go to heaven’ it is made clear that the bearing of children, even in times of distress, is forbidden. It is only in the Smṛti sanctioning ‘Niyoga’ that this latter is permitted. Hence in view of these (prohibition and sanction) the two courses are regarded as optional alternatives; and between these two Smṛtis we cannot determine which is superior and which inferior; since one of them enjoins the bearing of children, and the other clearly forbids it. Hence by taking them as optional alternatives we make room for both — (163-164).

 

Explanatory notes by Ganganath Jha:

(verse 5.163)

(Verse 165 of others.)

It is not right to say that this and the next verse have been ‘omitted’ by Medhātithi, who says that he has not explained them as they are easy. It is repeated in 9.29.

This is quoted in Vivādaratnākara (p. 436); — and in Varṣakriyākaumudī (p. 579).

(verse 5.164)

(Verse 166 of others.)

This is repeated in 9.30.

This verse is quoted in Vivādaratnākara (p. 436), which adds that what is meant by ‘patiloka’ is that heavenly region which she has won for herself by the religious rites she has performed in association with her husband; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 67a).

 

Comparative notes by various authors:

(verses 5.154-163)

See Comparative notes for Verse 5.154.

(verse 5.164)

Yājñavalkya (1.87). — ‘She who is devoted to her husband’s welfare, well-behaved, with senses under control, attains fame in this world and the supreme state, after death.’

 

 

VERSE 5.165

Section XIV - Duties of Women

 

एवं वृत्तां सवर्णां स्त्रीं द्विजातिः पूर्वमारिणीम् ।
दाहयेदग्निहोत्रेण यज्ञपात्रैश्च धर्मवित् ॥१६५॥

evaṃ vṛttāṃ savarṇāṃ strīṃ dvijātiḥ pūrvamāriṇīm |
dāhayedagnihotreṇa yajñapātraiśca dharmavit ||165||

 

The twice-born man, knowing the law, should cremate the wife of his own caste, — who behaves herself in the said manner, and dies before him, — with the sacred fire and along with the sacrificial implements. — (165).

 

Explanatory notes by Ganganath Jha:

This verse reiterates what is already implied by the law.

In us much as she is a ‘good’ wife, it is only right that she should be cremated with the sacred Agnihotra fire; specially in view of the assertion — ‘on the death of the wife the Fires are not maintained’ — (165).

 

Comparative notes by various authors:

(verses 5.165-166)

Yājñavalkya (1.189). — ‘The husband, having cremated his wife with his consecrated fire, shall take to another wife without delay.’

Viṣṇu (Aparārka, p. 114). — ‘Even on the death of his wife, he shall not abandon his śrauta fire; the fire has to be maintained throughout life, even with a substitute.’

Satyāṣāḍha (Do.). — ‘There can be no substitute for the husband, the wife, the son, the time, the place, the duty, the act itself, or the word.’

Bahvṛca-Brāhmaṇa (Do, p. 115). — ‘Therefore, he should kindle the fire without a wife.’

 

 

VERSE 5.166

Section XIV - Duties of Women

 

भार्यायै पूर्वमारिण्यै दत्त्वाऽग्नीनन्त्यकर्मणि ।
पुनर्दारक्रियां कुर्यात् पुनराधानमेव च ॥१६६॥

bhāryāyai pūrvamāriṇyai dattvā'gnīnantyakarmaṇi |
punardārakriyāṃ kuryāt punarādhānameva ca ||166||

 

Having, during the last rites, given away the sacred fires to his wife who died before him, he may marry again and kindle the fires again. — (166).

 

Medhātithi’s commentary (manubhāṣya):

The present verse is added with a view to indicate the man’s title to another marriage; i.e., an exception in favour of his wedding another wife; and it also serves to prohibit the man forthwith taking to the life of the Recluse or the Renunciate, as soon as he finds himself deprived of his help-mate and this because he has still got to fulfil certain duties. Says the Śruti — ‘He is abandoned by old age, or by the omission of his duties.’

Others say that a ‘yadā’, ‘when’, should be supplied in this verse; so that there would be no incompatibility between this end the Śruti laying down life-long Āgnihotra. — (166).

 

Explanatory notes by Ganganath Jha:

(Verse 168 of others.)

This verse is quoted in Nirṇayasindhu (p. 413) to the effect that if a man with the Fire loses his wife and wishes to marry another, he should cremate his dead wife with the Fire that he had set up with her help; — and in Saṃskāraratnamālā (p. 591).

 

Comparative notes by various authors:

(verses 5.165-166)

See Comparative notes for Verse 5.165.

 

 

VERSE 5.167 [Conclusion]

Section XV - Conclusion

 

अनेन विधिना नित्यं पञ्चयज्ञान्न हापयेत् ।
द्वितीयमायुषो भागं कृतदारो गृहे वसेत् ॥१६७॥

anena vidhinā nityaṃ pañcayajñānna hāpayet |
dvitīyamāyuṣo bhāgaṃ kṛtadāro gṛhe vaset ||167||

 

In this manner, one shall not omit the Five Sacrifices; and during the second part of his life, he shall take to a wife and dwell in the house. — (167).

 

Explanatory notes by Ganganath Jha:

This verse sums up the Discourse.

The ‘five sacrifices’ are mentioned as including all duties. — (167).

 

End of Discourse V.

 

***


 

Discourse VI - Duties of the Hermit

and the Renunciate

 

VERSE 6.1 [Introductory]

Section I - Introductory

 

एवं गृहाश्रमे स्थित्वा विधिवत् स्नातको द्विजः ।
वने वसेत् तु नियतो यथावद् विजितैन्द्रियः ॥१॥

evaṃ gṛhāśrame sthitvā vidhivat snātako dvijaḥ |
vane vaset tu niyato yathāvad vijitaindriyaḥ ||1||

 

The twice-born accomplished student, having, in the afore- said manner, lived, according to law, the life of the householder, should dwell in the forest, in the proper manner, self-controlled and with his organs under subjection — (1).

 

Medhātithi’s commentary (manubhāṣya):

The term ‘gṛhāśrama’ means that ‘āśrama’, life-stage which is characterised by the ‘gṛha’, house, — i.e., the presence of the wife.

Having ‘lived’ there, — i.e., having duly fulfilled the duties of that stage of life — he should dwell in, the forest. This is the injunction here set forth.

The affix in ‘sthitvā’, ‘having lived’, indicates the priority of the Householder’s life to that of the Hermit; and the meaning is that one should proceed from, stage to stage in the right order; it is only one who has lived the Householder’s life that is entitled to the forest-life of the Hermit.

What is said here is in accordance with the view that a man should pass through each and all the four stages. There is however the other view that from the life of the purely celebate student also one can proceed at once to the forest-life; as is going to be described later on.

‘With his organs under subjection ’ — with his impurities washed off, his passions calmed down.

The phrases ‘according to law’ and ‘in the proper manner’ have been added only for the purpose of filling up the metre; as we have already explained in several places.

All that is meant to be enjoined here is that ‘having completed the Householder’s life, he shall betake himself to the life in the forest.’ — (1).

 

Explanatory notes by Ganganath Jha:

‘Niyataḥ’ — ‘Taking a firm resolution’ (Govindarāja and Kullūka); — ‘devoted to the duties, austerities, reciting the Veda and so forth’ (Nārāyaṇa).

 

Comparative notes by various authors:

(verses 6.1-2)

Gautama (3.1). — ‘Some people declare that he who has studied the Veda may make his choice regarding the particular stage that he will enter.’

Baudhāyana (2.11.14). — ‘A hermit is one who regulates his conduct according to the institutes proclaimed by Vikhānas.’

Āpastamba (2.21.1-2, 18-10). — ‘There are four stages — that of the Householder, that of the Student, that of the Renunciate and that of the Hermit. If he lives in all these four according to the law, without allowing himself to he disturbed, he will obtain salvation. Only after completing studentship shall he go forth as a Hermit.’

Āpastamba. (2.22.78). — ‘After having finished the study of the Veda, having taken a wife and kindled the sacred fires, he shall begin the rites ending with the Soma-sacrifices, performing as many as are prescribed in the Veda: — afterwards he shall build a dwelling outside the village and dwell there with his children and wife.’

Āpastamba (2.21.8). — ‘After having fulfilled the duties of the Student, he shall go forth as a Renunciate.’

Āpastamba (2.24.14). — ‘He may accomplish his objects as he pleases; there is no reason to place any one order before the other.’

Viṣṇu (94.1-2). — ‘A householder, when he sees his skin wrinkled and his hair turned grey, must go to live in a forest; or when he sees the son of his son.’

Yājñavalkya (3.45). — ‘Entrusting his wife to his sons, or accompanied by his wife, the Hermit, taking the vow of celibacy, shall repair to the forest, along with his tires and the Upāsanās.’

Yama (Aparārka, p. 940). — ‘Having lawfully begotten children, having performed the sacrifices to the best of his ability, and having seen his son’s child, the Brāhmaṇa shall repair to the forest.’

Śaṅkha-Likhita (Do.). — ‘Having begotten children, having performed their sacraments, taught them the Veda, provided them with the means of living, united them to their wives, entrusting his family to his son, and making preparations for departure, he should have recourse to special means of livelihood. In due course, after having passed through the Yāyāvara stage, he should repair to the forest.’

Yama (Do.). — ‘faking with himself the sacrificial implements, the sacred fire, the cows and other accessories, and accompanied by his wife, the twice-born man shall repair to the forest.’

Jābāla (Parāśaramādhava, Ācāra, p. 525). — ‘Having completed religious studentship, one shall become a Householder; after having become a House-holder, he shall go out.’

Chāgalega (Do., p. 526). — ‘Being without his wife, he shall deposit his fire in himself, and the Brāhmaṇa shall go out of his house.’

Baudhāyana (2.17.2-5) — ‘Some teachers say that he who has finished his studentship may become a renunciate immediately on the completion of that; hut according to others, renunciation is fit only for those Śālīnas and Yāyāvaras who are childless, or a widower; in general they prescribe renunciation after the completion of the seventieth year, after the children have been finally settled in their sacred duties.’

Vaśiṣṭha (7.1-3). — ‘There are four orders: the Student, the Householder, the Hermit and the Renunciate; a man who has studied one, two or three Vedas without violating the rules of studentship may enter any of these, whichsoever he pleases.’

Kāmandaka (2.27-28). — ‘The duties of the Hermit are to keep matted hair, to perform Agnihotra, to sleep on the bare ground, to wear black deer-skin, to live in solitary places, to sustain himself on water, succulent roots, Nīvāra corn and fruits, to refuse alms, to bathe thrice, to observe vows and to adore gods and guests.’

 

 

VERSE 6.2 [The Procedure to be adopted]

Section II - The Procedure to be adopted

 

गृहस्थस्तु यथा पश्येद् वलीपलितमात्मनः ।
अपत्यस्यैव चापत्यं तदाऽरण्यं समाश्रयेत् ॥२॥

gṛhasthastu yathā paśyed valīpalitamātmanaḥ |
apatyasyaiva cāpatyaṃ tadā'raṇyaṃ samāśrayet ||2||

 

When the householder notices his wrinkles and greyness, and sees his child’s child, — then he should r etire to the forest, — (2).

 

Medhātithi’s commentary (manubhāṣya):

It has been said before that the person who is entitled to the life of the Hermit is only one who has abandoned all longing for the objects of sense: and this is what the author is explaining now.

‘Wrinkles’ — Looseness of skin.

‘Greyness’ — the whiteness of the hair.

‘Child’s child.’ — They explain this to mean ‘son’s son And cultured people have held that this rule does not apply if the man has only a son born to his daughter, or a daughter born to his son.

Others however have taken the ‘greyness of hair’ and ‘birth of the grandchild’ only as indicative of old age. So that even if an old man’s hairs may not, for some reason, become grey, he should, at the approach of old age, retire to the forest. Just as the person who has got a son and has his hairs still block is entitled to the ‘kindling of fire so is the man who has got a grandson and has his head turned grey entitled to the Hermit’s life. And in the former case also ‘the birth of the son’ end ‘blackness of hair’ are only indicative of a certain age.

Some people have taken the text to mean that ‘one should retire into the forest neither too early nor too late in life.’ But in is necessary to find out an authority for this. — (2).

 

Explanatory notes by Ganganath Jha:

“Medhātithi notes that the Śiṣṭas insist on the necessity that he who takes to forest-life must have sons and son’s sons, and that hence ‘apatya’, ‘offspring,’ is to be taken in this restricted sense (of grandson, not grand-daughter); — Nārāyaṇa holds that the verse gives three separate grounds for entering the third order, each of which is sufficient in itself; while Medhātithi thinks that the three conditions must exist together — [There is nothing in Medhātithi to indicate this]. ‘Others,’ mentioned by Medhātithi, took the verse to give a description of the approach of old age, which entitles the house-holder to turn hermit” — Buhler.

Medhātithi mentions, — but with disapproval — another explanation, by which the whole verse serves only to indicate that one should take to the hermit’s life neither ‘too early’ nor ‘too late.’

This verse is quoted in Mitākṣarā to the effect that one should retire to the forest either when he has become decrepit with old age, or has got a grandson in Parāśaramādhava (Ācāra, p. 527); — in Saṃskāramayūkha (p. 131); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 68b).

 

Comparative notes by various authors:

(verses 6.1-2)

See Comparative notes for Verse 6.1.

 

 

VERSE 6.3

Section II - The Procedure to be adopted

 

सन्त्यज्य ग्राम्यमाहारं सर्वं चैव परिच्छदम् ।
पुत्रेषु भार्यां निक्षिप्य वनं गच्छेत् सहैव वा ॥३॥

santyajya grāmyamāhāraṃ sarvaṃ caiva paricchadam |
putreṣu bhāryāṃ nikṣipya vanaṃ gacchet sahaiva vā ||3||

 

Having given up cultivated food and all his belongings, he shall repair to the forest, either making over his wife to his sons, or along with her. — (3).

 

Medhātithi’s commentary (manubhāṣya):

From this time onward he shall not eat any food consisting of barley, paddy and the like; — this is what is meant by ‘hav - ing given up’. This is what has been described as ‘living on roots.’

‘Belonging’ — Consisting of cows, houses, clothing, seats and beds, etc.

If the wife wishes it, then they should go away together; Otherwise he shall go alone. Others explain the text to mean that if the wife is still young he shall commit her to his sons, and if she is old, he is to take her with himself.

It is only when the wife is there that there can be any rule regarding her either being made over to the sons or going to the forest with her husband. If the wife has died, then also the man should retire to the forest, as declared by Āpastamba and others, in connection with the ‘Re-kindling of Fire.’

Only that man can be a Hermit whose senses are not too mobile; otherwise, he should take another wife; such is the established rule. — (3).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.46); — in Parāśaramādhava (Ācāra, p. 527), to the effect that the Hermit should live upon uncultivated food; — in Kālaviveka (p. 427) to the effect that sexual intercourse is possible for the Hermit also; — in Saṃskāramayūkha (p. 132); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 68b).

 

Comparative notes by various authors:

Gautama (3.26). — ‘A hermit shall live in the forest subsisting on roots and fruits, practising austerities; he shall kindle the fire under the Śramaṇaka rules, he shall eat wildgrowing vegetables only.’

Baudhāyana (2.11.15). — ‘A hermit shall live in the forest, subsisting on roots and fruits, practising austerities and bathing at morn, noon and eve, he shall kindle a fire according to the Śramaṇaka rule; he shall eat wild-growing vegetables and grains only; he shall worship gods, Pitṛs, elementals, men and sages; he shall receive hospitably men of all castes, except those intercourse with whom is forbidden; he may even use the flesh of animals killed by carnivorous beasts; he shall not step on ploughed land; and he shall not enter a village; he shall wear his hair in braids and dress in bark or skins; he shall not eat anything that has been hoarded more than a year.’

Āpastamba (2.21.18-21). — ‘Now follow the rules regarding the hermit living in the woods; — only after completing studentship shall he go forth, remaining chaste. He shall keep one fire only, have no house, enjoy no pleasures, have no protector, observe silence, uttering speech on the occasion of the daily recitation of the Veda only.’

Viṣṇu (94.3). — ‘Let him entrust the care of his wife to his sous, or let her accompany him.’

Yājñavalkya (3.45). — ‘Wearing his beard and hair in braids, self-controlled, he shall maintain, with things obtained without ploughing, the fires, Pitṛs, gods, guests and dependants.’

Yama (Aparārka, p. 941). — ‘Uncultivated grains, roots and fruits, Vrīhi corn, — having gathered these and other sacrificial food, he shall offer these at the great Five Great sacrifices.’

Vaśiṣṭha (9.4). — ‘He shall gather wild-growing roots and fruits only.’

Arthaśāstra (p. 30). — ‘For the hermit — celibacy, sleeping on the ground, wearing matted locks and skins, performing Agnihotra and Baths, worshipping gods, Pitṛs and guests and living on wild-growing things.’

 

 

VERSE 6.4

Section II - The Procedure to be adopted

 

अग्निहोत्रं समादाय गृह्यं चाग्निपरिच्छदम् ।
ग्रामादरण्यं निःसृत्य निवसेन्नियतेन्द्रियः ॥४॥

agnihotraṃ samādāya gṛhyaṃ cāgniparicchadam |
grāmādaraṇyaṃ niḥsṛtya nivasenniyatendriyaḥ ||4||

 

Taking with him the Sacred Fire, as also all the ritualistic appurtenances of the Fire, the man shall go forth from the village to the forest and live there, with his senses under control. — (4).

 

Explanatory notes by Ganganath Jha:

The term ‘agnihotra’ here stands for the fires themselves.

Taking with himself the Fires that had been kindled according to Śrauta rites, and also ‘the ritualistic appurtenances of the Fire’ — in the shape of the sruk, the sruva and the rest. The abandoning of all belongings having been laid down, the present text makes an exception in favour of those pertaining to the Fires — (4)

 

Comparative notes by various authors:

Gautama (3.25-27). — ‘The hermit shall live in the forest... kindling the fire according to the rule of the Śramaṇaka, he shall offer oblations in the morning and evening.’

Baudhāyana (2.11-15). — (See under 3.)

Vaśiṣṭha (9.2-10). — ‘The hermit shall not enter a village; kindling a lire according to the rule of the Śramaṇaka, he shall offer the Agnihotra.’

Viṣṇu (94.4). — ‘Let him keep the sacred fires in his new abode.’

Yājñavalkya (3.45). — (See under 3.)

 

 

VERSE 6.5 [Details of the Hermit’s Life]

Section III - Details of the Hermit’s Life

 

मुन्यन्नैर्विविधैर्मेध्यैः शाकमूलफलेन वा ।
एतानेव महायज्ञान्निर्वपेद् विधिपूर्वकम् ॥५॥

munyannairvividhairmedhyaiḥ śākamūlaphalena vā |
etāneva mahāyajñānnirvaped vidhipūrvakam ||5||

 

These same ‘Great Sacrifices’ he should offer, according to rule, with various kinds of pure food fit for hermits, or with herbs, roots and fruits. — (5).

 

Medhātithi’s commentary (manubhāṣya):

‘These same’ — those that have been prescribed for the Householder; — ‘he should offer’ — perform.

‘According to rule’; — this is a reiteration, for the purpose of filling up the metre. — (5).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 528).

 

Comparative notes by various authors:

Gautama (3.29). — ‘He shall worship gods, Pitṛs, men, elementals and sages.’

Baudhāyana (2.11-15). — (See under 3.)

Vaśiṣṭha (9.12). — ‘He who gives their due to gods, Pitṛs and men will attain imperishable heaven’

Viṣṇu (94.5). — ‘He must not omit to perform the five sacrifices, hut with fruits, herbs or roots growing wild.’

Yājñavalkya (3.16). — ‘With beard and hair in braids, self-controlled, he shall maintain, with things obtained without ploughing, the fires, Pitṛs, gods and guests and dependants.’

Yama (Aparārka). — (See under 3.)

 

 

VERSE 6.6

Section III - Details of the Hermit’s Life

 

वसीत चर्म चीरं वा सायं स्नायात् प्रगे तथा ।
जटाश्च बिभृयान्नित्यं श्मश्रुलोमनखानि च ॥६॥

vasīta carma cīraṃ vā sāyaṃ snāyāt prage tathā |
jaṭāśca bibhṛyānnityaṃ śmaśrulomanakhāni ca ||6||

 

He should wear either skin or a bit of cloth; he shall bathe in the evening, as also in the meaning; he shall always wear matted locks, as also beard, hair on his body and nails. — (6)

 

Medhātithi’s commentary (manubhāṣya):

Skin — of the bull, the deer and other such animals.

‘Cīra’ — a bit of cloth.

‘Evening’ — end of the day.

‘Morning’ — opening of the day.

This rule regarding bathing in the evening implies that the man is to eat at night only; because Bathing after meals is forbidden.

This view, some say, is not right; because among the observances of the Accomplished Student, it is said that ‘after taking his food he shall bathe’ (which shows that bathing after meals is not entirely forbidden), in fact this bathing after meals is declared in the Mahābhārata as to be done by each and every person.

It is open to the Hermit to bathe thrice during the day — this being a matter of option.

‘Matted locks, beard, hairs on the body and nails’; — all this he shall not have cut. — (6)

 

Explanatory notes by Ganganath Jha:

‘Cīram’ — ‘Vastrakhaṇḍa, tattered garment’ (Medhātithi, and Govindarāja); — ‘dress of bark’ (Nārāyaṇa, Rāghavānanda and Kullūka, to whom last Buhler wrongly attributes the former explanation).

The second half of this verse is quoted in Mitākṣarā (on 3.46).

 

Comparative notes by various authors:

Gautama (3.34). — ‘He shall wear his hair in braids and dress in hark and skins.’

Bodhāyana (2.11-15). — (See under 3.)

Bodhāyana (3.3-19). — ‘Let him not injure even gadflies or gnats; let him hear cold and perform austerities; let him constantly reside in the forest, be contented, and delight in dresses made of hark and skins and in carrying water.’

Āpastamba (2.22.1, 12, 13, 17). — ‘A dress of materials procured in the woods (shins or hark) is ordained for him. He shall sacrifice only after having bathed in the following manner: He shall enter the water slowly, and bathe without heating it (with his hand), his face turned towards the sun. He shall offer the burnt oblations, sustain his life, feed his guests and prepare his clothes with materials provided in the forest.’

Vaśiṣṭha (9.1). — ‘The hermit, shall wear his hair in braids and dress in garments made of bark and skin.’

Viṣṇu (94.8-10). — ‘He must wear a dress made of skins or bark; he must suffer the hairs of his head, of his heard and of his body and his nails to grow; he must bathe in the morning, noon and evening.’

Yājñavalkya (3.46). — (See under 5.)

 

 

VERSE 6.7

Section III - Details of the Hermit’s Life

 

यद्भक्ष्यं स्याद् ततो दद्याद् बलिं भिक्षां च शक्तितः ।
अब्मूलफलभिक्षाभिरर्चयेदाश्रमागतान् ॥७॥

yadbhakṣyaṃ syād tato dadyād baliṃ bhikṣāṃ ca śaktitaḥ |
abmūlaphalabhikṣābhirarcayedāśramāgatān ||7||

 

What he eats, cut of that he should make the offerings and give alms, according to his capacity; and those who come to his hermitage he should honour with water, roots and fruits and alms — (7).

 

Medhātithi’s commentary (manubhāṣya):

It has been said that ‘food fit for hermits’ should be used; this consists of wild grains, such as Nīvāra and the rest, and of wild-growing herbs, etc. The term ‘anna’, ‘food’, is generally used in the sense of some preparation of grains, — such as rice, fried flour, cake and so forth; and it is for this reason that, though herbs, &c., also are ‘food fit for hermits’, they have been mentioned separately. ‘Hermits’ are ascetics, and their food is called ‘food fit for hermits.’ And what is meant (by verse 5) is that the man should perform the Five Sacrifices, which are duties related to cooking on the household fire. This might give rise to the notion that when the man lives upon ripe season-fruits (and does not cook his food) he should not offer the said sacrifices: it is with a view to preclude such a notion that the Text adds — ‘what he eats’; the meaning is that whatever, in the shape of flour, &.c., be eats, that he should offer to the best of his capacity.

‘Offerings’ — apart for the Agnihotra-libations; those that are laid down as to be made.to ‘Indra’ ‘Indrapuruṣa’ and so forth.

In this view, there are no offerings poured into the fire, — they say.

But this is not right; as the term ‘bali’, ‘offering’, is a generic name for all kinds of oblations; and hence it stands equally for those offered into the fire, and those not offered Into the fire.

If the right view to hike were this that(one shall offer only what he eats; — and that also into the file only, — and that offerings into the fire must consist of cooked food then the hermit would cook just that much herb, &c. as would be needed for the offerings, and he himself would cat the ripe fruits of the season. Even for one who lives upon season-fruits, it is necessary to offer the Vaiśvadeva oblations into fire.

The compound in the second line is a copulative one, formed of ‘ap’, ‘water’, and the rest; the meaning being that ‘the traveller that happens to come to his hermitage he shall honour with water, roots, fruits and alms — consisting of Nīvāra and other grains’. — (7).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.45) in support of the view that it is the Hermit’s duty to feed guests.

 

Comparative notes by various authors:

Gautama (3.29-30). — ‘He shall worship gods, Pitṛs, men, elementals, and sages; he shall receive hospitably men of all castes except those intercourse with whom is forbidden.’

Baudhāyana (2.11-15). — (See under 3.)

Baudhāyana (3.3.5-7, 20). — ‘Fetching shrubs, etc., and cooking them, they offer the Agnihotra in the evening and in the morning, give food to ascetics, guests and students, and eat the remainder. A devotee shall first honour the guests who have come to his hermitage at dinner time, he shall be sedulous in worshipping gods and Brāhmaṇas, in offering Agnihotra and in practising austerities.’

Āpastamba (2.22.17). — ‘After that time he shall offer the burnt oblations, sustain his life, feed his guests, and prepare his clothes with materials produced in the forest.’

Vaśiṣṭha (9.7). — ‘he shall honour guests coming to his hermitage, with alms of roots and fruits.’

 

 

VERSE 6.8

Section III - Details of the Hermit’s Life

 

स्वाध्याये नित्ययुक्तः स्याद् दान्तो मैत्रः समाहितः ।
दाता नित्यमनादाता सर्वभूतानुकम्पकः ॥८॥

svādhyāye nityayuktaḥ syād dānto maitraḥ samāhitaḥ |
dātā nityamanādātā sarvabhūtānukampakaḥ ||8||

 

He should be always engaged in Vedic study, meek, conciliatory, quiet, ever liberal, not accepting any gifts, and compassionate towards all living beings. — (8).

 

Medhātithi’s commentary (manubhāṣya):

This being a distinct stage of life, people might think that such duties as Vedic Study and the like, which pertain to other life-stages, should have to be omitted now; hence with a view to show that they do not cease, the Text has added — ‘always engaged’; and not as in the Householder’s stage, during which, the man being busy with his household work, their performance leaves no time for Vedic study and such duties.

‘Meek’ — endowed with humility; free from haughtiness.

‘Conciliatory’ — abounding in the friendly spirit; always saying what is agreeable and wholesome; ever ready to conciliate his neighbour.

‘Quiet.’ — Even when urged by others, he should not speak much of what may be irrelevant.

‘Ever liberal’ — in making gifts of water, fruits and roots and alms.

‘Not accepting any gifts’ — He should not beg anything for his medication or diet and such needs, from a person belonging to another stage of life and coming to see him.

‘Compassionate towards all living beings’ — ‘Compassion’ is pity. But even though he be compassionate, he should not, for the sake of any person, beg anything from another person. — (8).

 

Explanatory notes by Ganganath Jha:

‘Dāntaḥ’ — ‘Self-controlled, free from pride’ (Medhātithi and Nārāyaṇa); — ‘patient with hardships’ (Kullūka).

 

Comparative notes by various authors:

Baudhāyana (3.3.19). — ‘Let him not injure even gadflies or gnats; let him bear cold and perform austerities; let him constantly reside in the forest, be contented, delight in bark and skins, and in carrying water.’

Āpastamba (2.21.21). — ‘He shall keep one fire only, have no house, enjoy no pleasures, have no protector, observe silence, uttering speech only on the occasion of the daily recitation of the Veda.’

Āpastamba (2.22.11). — ‘He shall not any longer take presents.’

Vaśiṣṭha (9.8). — ‘He shall only give, not receive, presents.’

Viṣṇu (94-6). — ‘He must not relinquish the private recitation of the Veda.’

Yājñavalkya (3.48). — ‘Self-controlled, bathing at three times, desisting from accepting presents, studying the Veda, charitable, devoted to the welfare of all living beings.’

 

 

VERSE 6.9

Section III - Details of the Hermit’s Life

 

वैतानिकं च जुहुयादग्निहोत्रं यथाविधि ।
दर्शमस्कन्दयन् पर्व पौर्णमासं च योगतः ॥९॥

vaitānikaṃ ca juhuyādagnihotraṃ yathāvidhi |
darśamaskandayan parva paurṇamāsaṃ ca yogataḥ ||9||

 

He shall offer, according to rule, the sacrificial oblations, taking case not to omit the ‘Darśa’ and the ‘Paurnamāsa’ sacrifice. — (9)

 

Medhātithi’s commentary (manubhāṣya):

‘Vitāna’, is vihāra, sacrifice; what pertains to it is ‘sacrificial’, ‘vaitānikam’; i.e., the rites pertaining to the Three Fires this he shall ‘offer’, perform.

The term ‘agnihotra’ primarily denotes the wild barley and other substances that are employed in sacrificial oblations; and it is not the name of a particular rite; it is in this sense that we have the term used as the object of the verb ‘shall offer’; and we get at the meaning that ‘he shall offer, by means of the Agnihotra and other rites, the oblations into the Āhavanīya Fire;’ — it is in this way that the use of the verb ‘juhuyāt’, ‘shall offer’ becomes justified. In this explanation the word ‘agnihotra’ becomes synonymous with the denotation of the root ‘hu’, ‘to offer into the fire.’

Objection — “The text has just prescribed the optional alternative of committing his wife to his sons; in this case how can the man, in the absence of his wife, be entitled to the performance of śrauta rites? It might be said that ‘the man would be entitled to them in the same way as the man away from home is entitled; just as the man who is away from home, though at a distance from the Fires, is regarded as the performer of the rituals by reason of his having made arrangements for the offerings to be made by a proper substitute, in the same manner, in the case in question, when the man is starting for the forest, his wife shall permit him to carry on the rituals; and in this manner the joint character of the title would not be disturbed.’ But this cannot be right. The procedure of employing a substitute is permissible only in cases where the man is forced by human or divine agencies to go away from home, and not when he goes out of his own accord. Because in such a procedure, many of the details would become omitted, even though the man would be perfectly capable to accomplish them (if he himself remained at home); e.g. in connection with the Darśa-Paurnamāsa sacrifices it is laid down that the sacrificer shall make his wife repeat the mantra ‘vedo-si vittirasi, &c.’; and this would be omitted (during the sacrificer’s absence).

“It might be said that the rule laid down in the present verse may be taken as pertaining to the case where the householder is retiring to the forest along with his wife (and not when he is going alone, leaving her in charge of his sons). But this also is not possible; because we do not find any such restrictive specification. Further in connection with the contigency of leaving the wife behind, the scriptures have prescribed another method of disposing of the Fires (in the shape of the direction that they should be committed to the charge of the wife.)

“Then again, even if the rule wore taken as pertaining to cases where the wife accompanies the husband, the following direction (contained in verse 11) would not be relevant — ‘With pure grains, fit for hermits, which grow in spring and in autumn, and which he has himself collected, he shall prepare the cakes and the boiled messes, according to law’; — the grains meant here are the wild ones, Nīvāra and the like, because he has been directed to relinquish all his village-belongings; and yet in the Veda cakes are laid down as to be made of Vrīhi and other grains, which are cultivated. Nor could the rite be completed by using any other pure grain, either in accordance with the maxim that ‘whatever is produced may be used’ (‘Utpannanyāya’), or in accordance with the law of options (Vrīhi-nyāya). Because any such grains it would be difficult for the wife to obtain. Lastly, the performance of the Agnihotra being a life-long duty, how can there be any relinquishing of that rite, or of the wife? From all this it is clear that the rule regarding the entering into the next stage of life is not compatible with the performance of the Sacrificial Acts.”

On this point a special effort has to be made (for reconciling the apparent discrepancy).

(A) Some people say that the term ‘sacrificial’ in the text has been used, by way of praise, for the smārta (not śrauta) rites; and in connection with the smārta rites there are no such scriptural restrictions as that cakes should be made of the Vrīhi and other cultivated grains only. In fact in connection with these rites it has been declared that — The deities of a man partake of the same food as the man himself’ (Vālmiki-Rāmāyaṇa Ajodhyā kāṇḍa). So that there would be nothing wrong if the Hermit performed these rites with ‘grains fit for the hermit.’ Even if this were incompatible with the injunctions regarding the use of Vrīhi and other cultivated grains, this incompatibility could be easily explained away.

“But even in this case there would be the law relating to the joint right of the husband and wife to the performance, which would be infringed by the man doing it when separated from his wife.”

Well, as regards the Vedic declaration — ‘One shall offer sacrifices, when accompanied by his wife.’ — this can pertain to śrauta rites only so that the said difficulty does not arise in connection with the smārta rites.]

(B) Another explanation is that the rule laid down in the present verse does not refer to the Householder’s Fire at all; it refers to what has been prescribed by Gautama (3.27) regarding ‘the kindling of fire in the month of Śrāvaṇa.’ In the present treatise also, the author is going to add the phrase ‘following the methods of the hermit’ (Verse 21). From all this it is clear that the rites referred to here are those that have been prescribed in the scriptures, as entirely apart from the rites relating to the Agnihotra, &c. And the terms ‘Darśa’ and ‘Paurṇamāsa’ too have been used only figuratively. Thus the said kindling of the Fire by the Hermit is to be done by him, without his wife. As regards the household Fires of the Agnihotra, the method of disposing of them is laid down (in verse 25 below) in the words — ‘Having reposited the sacrificial fires in himself, &c. &c.’

As regards the contention based upon the life-long character of tbs Agnihotra- rite, that the abandoning of the Fires cannot be right, — we shall deal with this when we are considering the question of the sequence among the four life stages.

(C) Others again explain as follows: — What has been forbidden for the Hermit is the act of offering oblations of cultivated grains, and not that of employing these for the sake of the Deities.

“But the sacrificer has got to eat of what is offered to the gods, according to the law that the four priests, with the sacrificer as the fifth, partake of the sacrificial cake.”

True; but that eating is one that is prescribed by the scriptures, and not the ordinary one; and what has been forbidden under verse is the ordinary eating. And for purposes of the scriptural act, even if the man were to go into the village, there would he nothing wrong in this; in fact it is going to be declared below (verse 28) that — ‘he may eat the food after having obtained it from the village.’

This however is not right; because of the express injunction that he is to make use of only such grains as are‘fit for hermits.’

Thus we find that the whole explanation regarding the text referring to the fire kindled during the month of Śrāvaṇa (explanation B above), and all that follows is not acceptable.

Further, verse 4 has spoken of the man‘taking with himself the sacred fire’, — and not leaving it behind. As for its being committed to another person, it is going to be laid down that it is to be done either by the man who is going to die, or who is going out for the first time. Then again, the Turayāṇa and other rites that are prescribed (in verse 10) for the Hermit (and which are all Śrauta rites to be performed in the Śrauta Fire of the Agnihotra) cannot be explained, if the present verse refers to the fresh Smārta fire kindled in Śrāvana. In fact, this latter Fire-kindling could be done only by one whose wife has died, — such being the implication of the actual words laying it down. Or, it may be done in a case where the man retires to the forest immediately after Studentship-

From all this it follows that when an Agnihotrin retires to the forest, he shall do so along with the Fire, and accompanied by his wife.

In the forest, the rites are to be performed ‘according to law’, with Vrīhi and other grains; and these grains (though belonging to the cultivated category) may somehow or other be brought under the category (if ‘grains fit for hermits.’ Specialty as Vrīhi and Yava (which are cultivated grains) are (quite sacred.

For the man who has not maintained the Fire, the duty of ‘committing the Fires to his wife’ may be accomplished somehow with reference to the Fire kindled according to smārta rules. This would be only right, as both are ‘smārta’ acts. In the case of a man who has two wives, and one of these has taken charge of the Fires, the ‘committing of the wife to the children’ would apply to the second wife.

‘Not omitting.’ — ‘Omission’ is disobeying the Injunction; the non-performance of an act in the form in which it has been prescribed. This has been added only for the purpose of filling up the metre; similarly also the term ‘yogaṭaḥ’, ‘taking care.’ The construction is ‘yogataḥ askandayan’, ‘taking care not to omit’, i.e., carefully keeping up. The‘care’ here refers to the injunction ittelf — (9).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.45) as indicating the purpose for which the Hermit is to carry with him his Śrauta Fire; — in Parāśaramādhava (Ācāra, p. 528); — and in Aparārka (p. 941).

 

Comparative notes by various authors:

Baudhāyana (3.3.5-8, 20). — ‘They offer Agnihotra in the evening and in the morning, give food to ascetics, guests and students and eat the remainder. They shall be sedulous in worshipping gods and Brāhmaṇas, in offering Agnihotra, and in practising austerities.’

Āpastamba (2.22.12). — ‘He shall offer sacrifices.’

Vaśiṣṭha (9.10). — ‘He shall offer the Agnihotra.’

 

 

VERSE 6.10

Section III - Details of the Hermit’s Life

 

ऋक्षेष्ट्य्।आग्रयणं चैव चातुर्मास्यानि चाहरेत् ।
तुरायणं च क्रमशो दक्षस्यायनमेव च ॥१०॥

ṛkṣeṣṭy |āgrayaṇaṃ caiva cāturmāsyāni cāharet |
turāyaṇaṃ ca kramaśo dakṣasyāyanameva ca ||10||

 

He shall perform the Darśeṣṭi and the Āgrayaṇa; as also the Cāturmāsya sacrifices, and the Turāyaṇa and Dākṣāyaṇa in due order. — (10).

 

Medhātithi’s commentary (manubhāṣya):

‘Darśeṣṭyāgrayaṇam is a copulative compound consisting of the two terms ‘darśeṣṭi’ and ‘āgrayaṇā’. ‘Caturmāsya’, ‘Turāyaṇa’ and ‘Dākṣayaṇa’ are the names of particular śrauta rites.

According to some people the performance of the Turāyaṇa and the rest is obligatory — (10).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 941), which explains ‘ṛkṣeṣṭi’ as the Nakṣatreṣṭi, the sacrifice to the lunar mansions, — and the Uttarāyaṇa and Dakṣiṇāyana as the two six-monthly sacrifices pertaining to the two solstices; — and in Parāśaramādhava (Ācāra, p. 528).

 

 

VERSE 6.11

Section III - Details of the Hermit’s Life

 

वासन्तशारदैर्मेध्यैर्मुन्यन्नैः स्वयमाहृतैः ।
पुरोडाशांश्चरूंश्चैव विधिवत्निर्वपेत् पृथक् ॥११॥

vāsantaśāradairmedhyairmunyannaiḥ svayamāhṛtaiḥ |
puroḍāśāṃścarūṃścaiva vidhivatnirvapet pṛthak ||11||

 

With the pure grains fit for hermits, which grow in spring and in autumn, and which he has himself gathered, he shall severally prepare cakes and boiled messes, according to law — (11).

 

Medhātithi’s commentary (manubhāṣya):

If the phrase ‘grains fit for hermits’ is not connected with what has gone before, then there is no room for the objection — “how can the sacrificial offerings be made, which are laid down as to consist of Vrīhi and other cultivated grains?”

The ‘boiled mess’ and ‘cake’ meant here are those that have been prescribed by the rules laid down for Hermits.

‘Vāsanta’ — those that grow, or ripen, during spring; similarly ‘śārada’.

‘Sacred’ — this is a mere re-iteration.

‘Which he has himself gathered’. — This forbids such means of livelihood as receiving gifts and the like. For the due fullilment of the aforesaid s mārta rites, grains have to be gathered by wandering hither and thither.

‘According to law’, ‘severally’. — Both these terms are added for filling up the metre. — (11).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.46), which notes that even though the ‘munyanna’ is by nature pure, yet the text has added the epithet ‘medhya’ with a view to indicate that the grains should be fit for being offered at a sacrifice; — and in Parāśaramādhava (Ācāra, p. 528), which explains ‘munyanna’ as ‘uncultivated grains,’ and ‘medhya’ as ‘fit for being offered at sacrifices.’

 

Comparative notes by various authors:

Āpastamba (2.22.17-18). — ‘He shall offer the burnt oblations, sustain his life... Rice must be used for those sacrifices for which cakes mixed with meat are offered by the Householder.’

Yājñavalkya (3.48). — ‘The rites prescribed in the Smṛti and in the Śruti, as also all acts, he shall perform with oils extracted from fruits.’

 

 

VERSE 6.12

Section III - Details of the Hermit’s Life

 

देवताभ्यस्तु तद् हुत्वा वन्यं मेध्यतरं हविः ।
शेषमात्मनि युञ्जीत लवणं च स्वयं कृतम् ॥१२॥

devatābhyastu tad hutvā vanyaṃ medhyataraṃ haviḥ |
śeṣamātmani yuñjīta lavaṇaṃ ca svayaṃ kṛtam ||12||

 

Having offered to the gods that most pure offering consisting of wild-growing things, he shall take to himself the remnant, as also the salt prepared by himself — (12).

 

Medhātithi’s commentary (manubhāṣya):

He should eat only what remains after the offerings to the gods have been made on the New and Full moon days, — and not any herbs, roots, fruits and the rest. — ‘He shall take to himself the remnant’ shall use it for his own purposes, i.e., for the sustaining of his body.

He should eat only such salt as is ‘prepared by himself’ and not rock-salt &c. — (12).

 

Explanatory notes by Ganganath Jha:

‘Lavaṇam svayam kṛtam’ — ‘Collected from saltmarshes’ (Kullūka); — ‘collected from salt or alkaline elements of trees and the like’ (Nārāyaṇa).

This verse is quoted in Mitākṣarā (on 3.46), which explains that the salt is to be collected from salt-marshes.

 

 

VERSE 6.13

Section III - Details of the Hermit’s Life

 

स्थलजौदकशाकानि पुष्पमूलफलानि च ।
मेध्यवृक्षोद्भवान्यद्यात् स्नेहांश्च फलसम्भवान् ॥१३॥

sthalajaudakaśākāni puṣpamūlaphalāni ca |
medhyavṛkṣodbhavānyadyāt snehāṃśca phalasambhavān ||13||

 

He should eat the vegetables that grow on land and in water; also flowers, roots and fruits, the productions of pure trees; as well as oils produced from fruits. — (13).

 

Medhātithi’s commentary (manubhāṣya):

He should eat those growing on land and in water; as also flowers, roots and fruits. — (13).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 942); — and the second half in Mitākṣarā (on 3.49) to the effect that clarified butter and such ‘oils’ should not be used.

 

Comparative notes by various authors:

Gautama (3.26). — ‘The hermit shall live in the forest, subsisting on roots and fruits, practising austerities.’ Baudhāyana (2.11.15). — (See under 3.)

Āpastamba (2.22.2). — ‘Then he shall wander about, sustaining his life by roots, fruits, leaves and grass.’

Do. (2.23.2). — ‘Afterwards he shall wander about sustaining his life with roots, fruits, leaves and grass which he collects. Finally, he shall content himself with what has become detached spontaneously. Then he shall live on water, then on air, and then on Ākāśa. Each succeeding mode of subsistence procures greater rewards’

Vaśiṣṭha (9.4). — ‘He shall only gather wild-growing fruits and roots.’

Viṣṇu (95.7-12). — ‘He may eat flowers; he may eat fruits; he may eat vegetables; he may eat leaves; he may eat roots; or he may eat barley once a fortnight.’

Yājñavalkya (3.49). — ‘He shall eat what ripens in its own time; and all rites prescribed by Śruti and Smṛti, he shall perform with oils extracted from fruits.’

 

 

VERSE 6.14

Section III - Details of the Hermit’s Life

 

वर्जयेन् मधु मांसं च भौमानि कवकानि च ।
भूस्तृणं शिग्रुकं चैव श्लेश्मातकफलानि च ॥१४॥

varjayen madhu māṃsaṃ ca bhaumāni kavakāni ca |
bhūstṛṇaṃ śigrukaṃ caiva śleśmātakaphalāni ca ||14||

 

He shall avoid honey, meat, cabbages, mushrooms, the fragrant grass, the pot-herb and the ‘Śleṣmātaka (Śleśmātaka?)’ fruits. — (14).

 

Medhātithi’s commentary (manubhāṣya):

‘Bhaumāni Kavakāni’. — The term ‘kavaka’ has already been explained (under 5.5) as a synonym of ‘chatraka’ (mushrooms). These mushrooms grow on the ground, as also in the hollow of trees and other places. Hence the specification ‘land-grown’.

This however would appear to be contrary to usage; specially as among the duties of the Householder, all kinds of mushroom have been forbidden, and for the Hermit, the discipline, if anything, should be stricter.

For this reason the term ‘bhaumāni’ should be taken separately by itself; and it should be understood us standing for the ‘gojihvikā’ (cabbage), which is well-known among foresters, — and not for anything grown on the land.

Mushrooms having been already forbidden before, their repented prohibition in the present text is for the purpose of indicating that the eating of the fragrant grass and other things involves the same Expiatory Rite as that of mushrooms.

‘Bhustṛṇa’ (fragrant grass) and ‘shigruka’ (pot-herb) are the names of particular kinds of herbs well known among cultivators — (14).

 

Explanatory notes by Ganganath Jha:

‘Bhaumāni kavakāni’ — Medhātithi prefers to take the two separately — ‘bhaumāni’ being ‘the vegetable known among foresters’ as ‘gojihvikā’ and ‘kavakāni’ as ‘mushrooms’; — Govindarāja, Kullūka and Nārāyaṇa take the two together ‘mushrooms growing on the ground.’

This verse is quoted in Aparārka (p. 942); — and in Parāśaramādhava (Ācāra, p. 529), which explains ‘Kavakāni’ as ‘mushrooms.’

 

 

VERSE 6.15

Section III - Details of the Hermit’s Life

 

त्यजेदाश्वयुजे मासि मुन्यन्नं पूर्वसञ्चितम् ।
जीर्णानि चैव वासांसि शाकमूलफलानि च ॥१५॥

tyajedāśvayuje māsi munyannaṃ pūrvasañcitam |
jīrṇāni caiva vāsāṃsi śākamūlaphalāni ca ||15||

 

In the month of Āśvina he shall throw away the formerly-gathered ‘hermit’s food’, as also the worn-out clothes and the herbs, roots and fruits. — (15).

 

Medhātithi’s commentary (manubhāṣya):

This throwing away of the food during the month of Āśvina is applicable to cases where the man is either one who lays by provision for six months or for one who does it for a year.

“As a rule hermits’ food should be collected only in such quantities as may be actually needed for the rites to be performed; so that there can be no surplus; under the circumstances, what would be there to be thrown away?”

The answer to this is as follows At the time that the man is gathering food he cannot always keep a weighing balance in his hand; hence it is quite possible that some small quantities may be left over; and it is these that have to be thrown away during the month of Āśvina.

‘Worn out clothes’. — There is no throwing away of such clothes as are not worn out. — (15).

 

Explanatory notes by Ganganath Jha:

‘Ārtaḥ’ — ‘In distress, i.e., not having anything else to offer to the god’s’ (Medhātithi); — ‘tormented by hunger’ (Kullūka and Govindarāja); — ‘ill’ (Nārāyaṇa).

This verse is quoted in Aparārka, (p. 942); — and in Parāśaramādhava (Ācāra, p. 529).

This verse is quoted in Aparārka (p. 942), which quotes Laugākṣi enumerating the ‘grāmajātāni’ — ‘vrīhayo yava-godhūmāvubhau ca tilasarṣapau ikṣuḥ priyaṅgavaścaiva grāmyā oṣadhayaḥ smṛtaḥ.’

The verse is quoted also in Parāśaramādhava (Ācāra, p. 529).

 

Comparative notes by various authors:

Āpastamba (2.22.24). — ‘When he obtains fresh grain, he shall throw away the old one.’

Viṣṇu (94.12). — ‘He who has collected provisions for a year must throw away his store on the full moon day of the month of Āśvina.’

Yājñavalkya (3.47). — ‘He shall store provision sufficient either for a day, or for a month, or for six months, or for a year; and give it up in the month of Āśvina.’

 

 

VERSE 6.16

Section III - Details of the Hermit’s Life

 

न फालकृष्टमश्नीयादुत्सृष्टमपि केन चित् ।
न ग्रामजातान्यार्तोऽपि मूलाणि च फलानि च ॥१६॥

na phālakṛṣṭamaśnīyādutsṛṣṭamapi kena cit |
na grāmajātānyārto'pi mūlāṇi ca phalāni ca ||16||

 

He shall not eat anything produced by ploughing, even though it mat have been thrown away by some one; nor such flowers and fruits as are grown in villages, even though he in be in distress. — (16)

 

Explanatory notes by Ganganath Jha:

Of forest-grown things also, those ‘produced by ploughing’ are forbidden; while things grown in villages, even though not ‘produced by ploughing’, have been already forbidden by verse 3 above; the present fresh prohibition is meant for flowers and fruits, and this prohibition applies to the use of village-grown flowers and fruits in the worshipping of gods &c.

‘Even though he be in distress’. — That is, even though nothing else be available, and the worshipping of gods be absolutely necessary, — these things shall not be used even as substitutes.

The term ‘api’, ‘even’, should be construed away from where it occurs; the sense being — ‘even f lowers shall not be used, what to say of grains?’ — (16).

 

Comparative notes by various authors:

Vaśiṣṭha (9.4), — ‘He shall gather wild-growing roots and fruits only.’

Yājñavalkya (3.46). — ‘Wearing beard and braided hair, self-controlled, he shall support, with grain obtained without ploughing, the fires, the Pitṛs, gods, guests and dependants.’

Laugākṣi (Aparārka, p. 942). — ‘Vrīhi, barley, wheat, sesamum, mustard, sugar-cane and Priyaṅgu, — these are the village-grown substances.’

 

 

VERSE 6.17

Section III - Details of the Hermit’s Life

 

अग्निपक्वाशनो वा स्यात् कालपक्वभुजेव वा ।
अश्मकुट्टो भवेद् वाऽपि दन्तोलूखलिकोऽपि वा ॥१७॥

agnipakvāśano vā syāt kālapakvabhujeva vā |
aśmakuṭṭo bhaved vā'pi dantolūkhaliko'pi vā ||17||

 

He may be one living on food cooked by fire, or one eating only what Ripens in its own time; he may use the stone for grinding or he may use his teeth as the mortar. — (17).

 

Medhātithi’s commentary (manubhāṣya):

‘One living on food cooked by fire’. — One whose food consists of vegetables and rice &c. cooked by fire.

Or he may rat only such fruits of trees as ripen themselves in their season.

Or his food may consist of flour obtained by grinding nīvāra and other grains. That is, he should grind these grains, and having thus turned them into dough, eat. it.

Or this phrase may mean that those nuts that ripen in their own season, and which have a kernel beneath a hard crust, — the outer crust of these should be broken with stone and the inner kernel eaten.

‘Dantolūkhalikaḥ’. — One who has his teeth for the mortar. That is the outer crust of nuts may be removed with the teeth. This however ought not to be done even though the nut may have been cleaned.

Or the phrase may be taken as qualifying the eating; the sense being that — ‘he shall eat in such a way that his teeth may serve the purposes of the mortar, in the thumping and removing of chaff’. — (17).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 942); — and the first half in Mitākṣarā (on 3.49).

 

Comparative notes by various authors:

Bodhāyana (3.3.1-3, 9-12), — ‘Hermits belong to two classes — those who cook, and those who do not cook, food; — those who cook are of five kinds — those who eat everything that the forest contains, those who live on unhusked grain, those who eat bulbs and roots, those who eat fruits and those who eat pot-herbs. Those who do not cook are of five kinds — those who avoid the use of iron and other implements, those who ṭake food with the band, those who take it with the mouth, those who subsist on water only, and those who live on air only.’

Viṣṇu (95, 14, 15). — ‘He shall break his food with stones; or he shall use his teeth as a pestle.’

Yājñavalkya (3, 49). — ‘He shall use his teeth as the pestle; or he may eat only such fruits as ripen in their own time; or he may use stone for breaking what he eats.’

 

 

VERSE 6.18

Section III - Details of the Hermit’s Life

 

सद्यः प्रक्षालको वा स्यान् माससञ्चयिकोऽपि वा ।
षण्मासनिचयो वा स्यात् समानिचय एव वा ॥१८॥

sadyaḥ prakṣālako vā syān māsasañcayiko'pi vā |
ṣaṇmāsanicayo vā syāt samānicaya eva vā ||18||

 

He may be either one who washes off immediately, or one who lays by for a month, or one who lays by for six months, or one who lays by for a year. — (18).

 

Medhātithi’s commentary (manubhāṣya):

The food that has been described above, he should obtain day after day, just enough to serve for the day.

The man who has a collection that lasts for one month. The form is obtained by the adding of the affix ‘ṭhan’. Or the reading may be ‘māsasañcayakaḥ’ and the word explained as a Bahuvrīhi compound: ‘he whose collection is sufficient for a month’.

Similarly with the last two expressions. — (18).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 942); — and in Parāśaramādhava (Ācāra, p. 529).

 

Comparative notes by various authors:

Gautuma (3.35). — ‘He shall not eat anything that has been hoarded for more than a year.’

Baudhāyana (2.11.15). — (See under 3.)

Baudhāyana (3.2.11-18) — ‘As regards the mode of life called Samprakṣālanī, in order to see that there is no waste of the substances obtained, nor any hoarding, he overturns the dishes and washes them. In the mode called Samūhā, he sweeps up grain with a broom in permitted places where grain-bearing plants are found, either on a road or in fields, access to which is not obstructed, and lives on what is thus obtained. In the mode called Pālanī, which is also called Ahiṃsakā, he tries to obtain from virtuous men husked rice or seeds and maintains himself thereby. In the mode called Śiloñcha, he gleans single ears of corn in permitted places where grainbearing plants grow, or on roads, or in fields, access to which is not obstructed, and supports himself by these gleanings, collected from time to time. In the method called Kapota, he picks up with two fingers single grains in permitted places where grain-bearing plants grow, either on the road or in fields, access to which is not obstructed; this is acting like a pigeon, Kapota. In the mode called Siddhoñcha, tired with other modes of subsistence, and because he has become old or diseased, he asks virtuous men for cooked food. If he subsists on the produce of the forest, of trees, creepers and lianas and grasses, such as wild millet and wild sesamum, that is called forest-life.’

Āpastamba (2.23.1). — ‘If he desires to perform great austerities, he shall collect food only day by day, in the morning, in his vessel.’

Viṣṇu (94.11). — ‘He should collect provisions, after the manner of the pigeon, for a month; or he should collect them for a year.’

Yājñavalkya (3.47). — (See under 15.)

 

 

VERSE 6.19

Section III - Details of the Hermit’s Life

 

नक्तं चान्नं समश्नीयाद् दिवा वाऽहृत्य शक्तितः ।
चतुर्थकालिको वा स्यात् स्याद् वाऽप्यष्टमकालिकः ॥१९॥

naktaṃ cānnaṃ samaśnīyād divā vā'hṛtya śaktitaḥ |
caturthakāliko vā syāt syād vā'pyaṣṭamakālikaḥ ||19||

 

Having collected food to the best of his ability, he should eat it at night, or during the day; or he may do it at every fourth time, or at every eighth time. — (19).

 

Medhātithi’s commentary (manubhāṣya):

Two meals having been prescribed for the man’s ordinary purposes, the present text lays down the dropping of one of these meals for the Hermit. The sense is that as age goes on advancing, the man should go on dropping the mealtimes one by one. The ‘fourth’ meal-time is to be computed in the same manner us the ‘eighth’: Three days having elapsed, if one eats in the evening of the fourth day, he comes to be regarded as eating ‘every eighth time’. The act of eating being the subject-matter of the context, the ‘fourth’ (or ‘eighth’) time has to be taken as referring to that act. — (19).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 943), which notes that the text provides several options, to be adopted according to the physical strength of the person concerned; and the particular option selected in the beginning should be kept up throughout the life-stage.

The verse is quoted in Mitākṣarā verse XXI, which has the same note as Aparārka.

 

Comparative notes by various authors:

Viṣṇu (95.5.6). — ‘He should eat at night, he may eat after having fasted entirely for one day, or for two days, or for three days.’

Yājñavalkya (3.50). — ‘He may maintain his life by the Candrāyaṇa or the Kṛcchra method; or he may eat food on the lapse of a fortnight, or of a month, or of one day.’

 

 

VERSE 6.20

Section III - Details of the Hermit’s Life

 

चान्द्रायणविधानैर्वा शुक्लकृष्णे च वर्तयेत् ।
पक्षान्तयोर्वाऽप्यश्नीयाद् यवागूं क्वथितां सकृत् ॥२०॥

cāndrāyaṇavidhānairvā śuklakṛṣṇe ca vartayet |
pakṣāntayorvā'pyaśnīyād yavāgūṃ kvathitāṃ sakṛt ||20||

 

Or he may live during the bright and dark fortnights in th e manner of the ‘Cāndrāyaṇa’ penance; or he may eat once at the end of each of the two fortnights, boiled barley-gruel. — (20).

 

Explanatory notes by Ganganath Jha:

Ends of the fortnights — i.e. the New Moon Day and the Full Moon Day; — op these two days he shall eat boiled barley-gruel; — ‘once’ i.e., either in the morning or in the evening. — (20).

 

Comparative notes by various authors:

Viṣṇu (95.12.13). — ‘He may eat boiled barley once, at the end of a fortnight; or he may eat according to the rules of the Cāndrāyaṇa.’

Yājñavalkya (3.50). — (See above, under 19.)

 

 

VERSE 6.21

Section III - Details of the Hermit’s Life

 

पुष्पमूलफलैर्वाऽपि केवलैर्वर्तयेत् सदा ।
कालपक्वैः स्वयं शीर्णैर्वैखानसमते स्थितः ॥२१॥

puṣpamūlaphalairvā'pi kevalairvartayet sadā |
kālapakvaiḥ svayaṃ śīrṇairvaikhānasamate sthitaḥ ||21||

 

Or, he may always subsist only on flowers, roots and fruits, which have ripened in their own season and fallen down spontaneously, — keeping firm in the ways of life prescribed in the ‘Vaikhānasa’ Institutes. — (21).

 

Medhātithi’s commentary (manubhāṣya):

‘Ripened in their own season’. — The jack-fruit and some other fruits are ripened (artificially) by means of fire also; and it is with a view to exclude these that this epithet has been added. But fruits ripened by means of fire are not forbidden for the Householder.

‘Vaikhānasa’ is the name of a treatise where the duties of the Hermit are prescribed; — keeping firm on these rules; — i.e. he should seek to learn also the other details of life prescribed in that treatise. — (21).

 

Explanatory notes by Ganganath Jha:

‘Vaikhānasamate sthitaḥ’ — This refers to the ‘Vaikhānasa-śāstra says Medhātithi. The Vaikhānasa-sūtra (Trivandrum Sanskrit Series) is the work most likely referred to.

 

Comparative notes by various authors:

Bodhāyana (3.2.11, etc., seq.). — (See under 18.)

Āpastamba (2.23.2). — ‘Afterwards, he shall wander about, sustaining his life with roots, fruits, leaves and grass.

Finally he shall content himself with what has become detached spontaneously. Then he shall live on water, then on air, then on Ākāṣha.’

 

 

VERSE 6.22

Section III - Details of the Hermit’s Life

 

भूमौ विपरिवर्तेत तिष्ठेद् वा प्रपदैर्दिनम् ।
स्थानासनाभ्यां विहरेत् सवनेषूपयन्नपः ॥२२॥

bhūmau viparivarteta tiṣṭhed vā prapadairdinam |
sthānāsanābhyāṃ viharet savaneṣūpayannapaḥ ||22||

 

He shall roll about on the ground, or stand on tip-toe during the day; he shall beguile his time by standing and sitting, going to water at the ‘Savanas’. — (22).

 

Medhātithi’s commentary (manubhāṣya):

‘Rolling about’ — Lying down on the ground on one side for sometime and then turning over on the other side. He shall pass his time thus rolling about, except during meal-time and the time during which he has to move about, he shall neither sit down nor walk about, nor sit on a bed, or a seat, or a parapet.

‘On tip-toe’ — ‘prapadaiḥ’. — ‘He shall stand’.

‘By standing and sitting’. — During the day; as for the night, it is going to be declared that the man should sleep on the bare ground.

‘At the savanas.’ — i.e., in the morning, at midday and in the evening; — ‘going to water’. — This indicates that where a river or some such reservoir of water is not available, one may perform his bath even with water pulled out (of a well). — (22).

 

Explanatory notes by Ganganath Jha:

‘Sthānāsanābhyām’ — See note above on 2.248.

This verse is quoted in Aparārka (p. 943); — and in Mitākṣarā (on 3.51) which explains ‘prapadaiḥ’ as ‘pādāgraiḥ’ (like Medhātithi).

 

Comparative notes by various authors:

Gautama (3.26). — ‘The hermit shall live in the forest, subsisting on roots and fruits and practising austerities.’ Baudhāyana (2.11.15). — (See under 3.)

Vaśiṣṭha (9.9). — ‘He shall bathe at noon, morn and eve.’

Viṣṇu (94.10). — ‘He must bathe in the morning, noon and evening.’

Yājñavalkya (3.48.51). — ‘Self-controlled, bathing at the three Savanas...... — Being pure, he shall sleep on the ground at night; the day he shall pass on tip-toe, or standing, sitting and walking, or by the practice of yoga.’

Padma-purāṇa (Ādikhaṇḍa, 58, 26). — ‘He shall divert himself with standing and sitting, and shall never lose his steadiness.’

 

 

VERSE 6.23

Section III - Details of the Hermit’s Life

 

ग्रीष्मे पञ्चतपास्तु स्याद् वर्षास्वभ्रावकाशिकः ।
आर्द्रवासास्तु हेमन्ते क्रमशो वर्धयंस्तपः ॥२३॥

grīṣme pañcatapāstu syād varṣāsvabhrāvakāśikaḥ |
ārdravāsāstu hemante kramaśo vardhayaṃstapaḥ ||23||

 

During summer he shall keep five fires; during the rains, he shall have the sky for his shelter; and during the winter he shall keep wet clothes: gradually increasing his austerities. — (23 ).

 

Explanatory notes by Ganganath Jha:

He shall heat himself with five fires; he shall kindle, four fires close to himself on his four sides and shall expose himself to the sun at the head.

During the rainy season, he shall have the sky for his sole shelter; i.e., he shall live in a place where the rain falls, and he shall not hold the umbrella or any such thing to ward off the rain.

‘During the winter’, — i.e., whenever it is cold; i.e., during the two seasons of Hemanta and Śiśira (Winter and Midwinter) — he shall have his clothes wet.

‘Gradually’ — In due course. — (23).

 

Comparative notes by various authors:

(verses 6.23-24)

Viṣṇu (95.1-4). — ‘The hermit should emaciate his frame by the practice of austerities. In summer he should expose himself to five fires. During the rains, he should sleep in the open air. In the winter, he should wear wet clothes.’

Yājñavalkya (3.52). — ‘During the summer, he shall sit in the middle of five fires; during the rains, he shall he in an open space; during the winter he shall wear wet clothes; and he shall perform austerities to the best of his capacity.’

Do. (3.46). — (See under 5.)

Śaṅkha (Aparārka, p. 944). — ‘In the course of time, he should emaciate his frame by the practice of restrictions, observances, mantras and fastings, to the best of his capacity; clothed in kuśa -grass, rags, hark and skins, wearing his hair in braids, having an upper garment of the skin of the black antelope and observing such rules as sleeping in water, among five fires, or in open space.’

 

 

VERSE 6.24

Section III - Details of the Hermit’s Life

 

उपस्पृशंस्त्रिषवणं पितॄन् देवांश्च तर्पयेत् ।
तपस्चरंश्चोग्रतरं शोषयेद् देहमात्मनः ॥२४॥

upaspṛśaṃstriṣavaṇaṃ pitṝn devāṃśca tarpayet |
tapascaraṃścogrataraṃ śoṣayed dehamātmanaḥ ||24||

 

Bathing at the three Savanas, he shall offer libations to the gods and Pitṛs; and practising harsher and harsher austerities, he shall emaciate his body. — (24).

 

Medhātithi’s commentary (manubhāṣya):

‘Upasparśana’ — means bathing.

‘Austerities’ — such as holding up the arms permanently, fasting during the whole month, or for twelve days, and so forth.

‘Harsher’ — what is calculated to cause greater suffering to the body.

He shall ‘emaciate’, — make to dry up, — his body (24).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 944); — and the second half in Mitākṣarā (on 3.52) to the effect that the Hermit should perform severe austerities for the purpose of emaciating his physical frame.

 

Comparative notes by various authors:

(verses 6.23-24)

See Comparative notes for Verse 6.23.

 

 

VERSE 6.25

Section III - Details of the Hermit’s Life

 

अग्नीनात्मनि वैतानान् समारोप्य यथाविधि ।
अनग्निरनिकेतः स्यान् मुनिर्मूलफलाशनः ॥२५॥

agnīnātmani vaitānān samāropya yathāvidhi |
anagniraniketaḥ syān munirmūlaphalāśanaḥ ||25||

 

Haying reposited, according to rule, the Śrauta Fires within himself, he shall be a silent hermit, without fires and without a house, living upon roots and fruits. — (25).

 

Medhātithi’s commentary (manubhāṣya):

‘Vaitāna’ — Śrauta.

These fires he shall reposit within himself, by swallowing their ashes and perfoming such other rites as have been laid down in connection with it. The exact procedure of this repositting should be learnt from the Śravanaka (?).

When austerities have been performed for a long time, and the man has reached seventy years of age, then, still remaining a hermit, he shall be ‘without fires and without a house’; i.e., he shall give up his thatched dwelling-house.

“Where then should be live?”

He shall dwell ‘at the roots of trees’, — as is going to be said in the next verse.

‘He shall be a silent hermit’. — The construction is ‘muniḥ syāt’, ‘he shall be a muni’; which means that he shall keep his speech under control; the man who has his speech under control is called ‘a keeper of the vow of silence’.

‘Living upon roots and fruits’. — This serves to exclude all other kinds of food; he shall not eat even Nīvarā and the other wild grains. — (25).

 

Explanatory notes by Ganganath Jha:

‘Yathāvidhi’ — ‘By swallowing the ashes and so forth’ (Medhātithi, Govindarāja and Kullūka); — ‘by repeating the vedic text, Taittirīya Saṃhitā 2.5.8.8’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 944), which explains ‘niketa’ as ‘home’, — ‘muni’ as ‘observing silence,’ — and adds that alms should be begged only in the event of his being unable to obtain wild fruits and roots, — as is clear from what follows in verse 27 below.

It is quoted in Mitākṣarā (on 3.54), which explains ‘muniḥ’ as ‘observing the vow of silence’; and adds that in the event of his being unable to get roots and fruits, he may beg from the houses of other hermits, just enough to keep himself alive.

It is quoted in Parāśaramādhava (Ācāra, p. 531).

 

Comparative notes by various authors:

Āpastamba (2.21.21). — ‘He shall keep only one fire, have no house, enjoy no pleasures, have no protector, observe silence, uttering speech only on the occasion of the daily recitation of the Veda.’

Vaśiṣṭha (9.11.12). — ‘After six months, he shall live at the root of a tree, keeping no fire and no house. He who makes offerings to gods, Pitṛs and men will attain endless heaven.’

Yājñavalkya (3.54.55). — ‘Absorbing the fires within himself, living under a tree, eating measuredly, he shall beg alms only from the houses of hermits.’

 

 

VERSE 6.26

Section III - Details of the Hermit’s Life

 

अप्रयत्नः सुखार्थेषु ब्रह्मचारी धराऽऽशयः ।
शरणेष्वममश्चैव वृक्षमूलनिकेतनः ॥२६॥

aprayatnaḥ sukhārtheṣu brahmacārī dharā''śayaḥ |
śaraṇeṣvamamaścaiva vṛkṣamūlaniketanaḥ ||26||

 

Making no effort to obtain pleasure-giving objects, and maintaining celibacy, he shall sleep on the ground; and not caring for shelter, he shall have the roots of trees for his dwelling. — (26).

 

Medhātithi’s commentary (manubhāṣya):

He shall make no effort to obtain things that give pleasure; e.g., troubled by heat, he shall not move into the shade, and troubled by cold, he shall not kindle fire. If, however, his sufferings are removed by such natural causes as the falling of the sun’s rays and the like, — this is not forbidden. This rule refers to seasons other than the rains; because special rules have been prescribed with special reference to this latter Reason.

Or, the text may be taken as prohibiting the use of medicines by the hermit if he happen to fall ill, — being cured of disease also being a kind of ‘pleasure;’ hence he shall not make any effort to secure this pleasure.

‘Sleeping on the ground’; — i.e., he shall sleep on the ground, covered only with grass.

‘Shelter’ — dwelling-places, such as houses, tree-roots and so forth; — for these he shall not care; he shall not have any hankering after the possession of these.

He shall make the roots of trees his dwelling. In the event of their being not available, stone-slabs, mountain-caves and such places have also been ordained for him. — (26).

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Parāśaramādhava (Ācāra, p. 531).

 

Comparative notes by various authors:

Vaśiṣṭha (9.5.11). — ‘He shall remain celibate. He shall live at the roots of a tree.’

Viṣṇu (94.7). — ‘He must preserve his celibacy.’

Yājñavalkya (3.45). — (See under 1.)

Yājñavalkya (3.51). — (See under 22.)

Do. (3.5.4). — (See under 25.)

 

 

VERSE 6.27

Section III - Details of the Hermit’s Life

 

तापसेष्वेव विप्रेषु यात्रिकं भैक्षमाहरेत् ।
गृहमेधिषु चान्येषु द्विजेषु वनवासिषु ॥२७॥

tāpaseṣveva vipreṣu yātrikaṃ bhaikṣamāharet |
gṛhamedhiṣu cānyeṣu dvijeṣu vanavāsiṣu ||27||

 

He shall receive alms just enough for subsistence, only from brāhmaṇa-hermits, or from such twice-born householders as live in the forests. — (27).

 

Medhātithi’s commentary (manubhāṣya):

The Locative ending in ‘tāpaseṣu’ &c. has the sense of the Ablative; meaning ‘from hermits’ — ‘he shall receive alms’, — in the event of his being unable to obtain fruits and roots; — ‘or from such householders as live in the forests’.

‘Enough for subsistence’; — what is just sufficient to satisfy his hunger. — (27).

In the absence of such alms. —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 945) as laying down the means of subsistence for the Hermit, in the event of his being unable to obtain fruits and roots.

 

Comparative notes by various authors:

Yājñavalkya (3.54). — (See under 25.)

 

 

VERSE 6.28

Section III - Details of the Hermit’s Life

 

ग्रामादाहृत्य वाऽश्नीयादष्टौ ग्रासान् वने वसन् ।
प्रतिगृह्य पुटेनैव पाणिना शकलेन वा ॥२८॥

grāmādāhṛtya vā'śnīyādaṣṭau grāsān vane vasan |
pratigṛhya puṭenaiva pāṇinā śakalena vā ||28||

 

While dwelling in the forest, he may bring food from the village, — receiving it either in his hollowed hand or in a potsherd, — and eat eight morsels. — (28).

 

Medhātithi’s commentary (manubhāṣya):

The use of the term ‘morsel’ implies that the alms are not to consist of fruits and roots only. In fact the present text permits the use of cultivated grains, in the absence of wild ones.

Receiving the alms either ‘in the hollowed hand’ — without a dish — or in a piece of broken earthenware, dish, &c. — (28).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 531); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 68b).

 

Comparative notes by various authors:

Viṣṇu (94.13). — ‘Or, the hermit may bring food from a village, placing it in a dish made of leaves, or on a single leaf, or in his hand, or in a potsherd, and eat eight mouthfuls of it.

Yājñavalkya (3.55). — ‘Or, he shall get food from a village and with speech controlled, shall eat eight mouthfuls.’

 

 

VERSE 6.29

Section III - Details of the Hermit’s Life

 

एताश्चान्याश्च सेवेत दीक्षा विप्रो वने वसन् ।
विविधाश्चौपनिषदीरात्मसंसिद्धये श्रुतीः ॥२९॥

etāścānyāśca seveta dīkṣā vipro vane vasan |
vividhāścaupaniṣadīrātmasaṃsiddhaye śrutīḥ ||29||

 

The Brāhmaṇa dwelling in the forest shall attend to these and other restraints; and also to the several Vedic texts contained in the Upaniṣads, in order to attain the Self. — (29).

 

Medhātithi’s commentary (manubhāṣya):

These ‘restraints’ — observances and ‘others’ — such as standing in water, keeping the eyes closed and so forth.

‘Vedic texts contained in the Upaniṣads.’ — He shall study the texts contained in the esoteric sections of the Veda, and think of them and ponder over them;‘in order to attain the Self’.

Or this may refer to the several forms of worship that have been laid down for attaining Brahman.

‘Several’ — this is a mere re-iteration. — (29).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 943), which explains ‘dīkṣā’ as ‘determination to keep the penances’; — and ‘saṃsiddhi’ as ‘well-defined cognition’; — in Mitākṣarā (on 3.51), which explains ‘ātmasamsiddhi’ as ‘the attaining of Brahman’; — and in Parāśaramādhava (Ācāra, p. 531).

 

 

VERSE 6.30

Section III - Details of the Hermit’s Life

 

ऋषिभिर्ब्राह्मणैश्चैव गृहस्थैरेव सेविताः ।
विद्यातपोविवृद्ध्यर्थं शरीरस्य च शुद्धये ॥३०॥

ṛṣibhirbrāhmaṇaiścaiva gṛhasthaireva sevitāḥ |
vidyātapovivṛddhyarthaṃ śarīrasya ca śuddhaye ||30||

 

Such of these as have been attended to by sages and Brāhmaṇa householders, for the advancement of knowledge and austerities, and also for the purification of the body — (30).

 

Medhātithi’s commentary (manubhāṣya):

It has just been stated in general terms that ‘he shall attend to others’; this might be taken to imply the propriety of practising the restraints and observances laid down in the ‘Śākya’, the‘Pāśupata’ and other heterodox scriptures. Hence the present verse is added for the purpose precluding these.

‘By sages.’ — The Mahābhārata describes several restraints and observances practised by the ancient sages.

Those attended to by ‘Brāhmaṇa-householders’; — as has been declared under Gautama (3.9) — This refers to those coming later, also, because there is no incompatibility in this.’

‘Knowledge’ — the realising of the unity of the Self; this one should ‘advance’ — confirm, strengthen — by the study of the Veda.

‘For the purification of the body’ — he should attend to the restraints relating to the regulation of food — (30).

 

Explanatory notes by Ganganath Jha:

‘Brāhmaṇaiḥ gṛhasthaiḥ’ — Medhātithi takes the two together, in the sense of ‘Brāhmaṇa-householders’; — Kullūka and Govindarāja take them separately, in the sense of ‘(1) sages knowing the Brahman and (2) hermits.’

This verse is quoted in Aparārka (p. 943).

 

 

VERSE 6.31

Section III - Details of the Hermit’s Life

 

अपराजितां वाऽस्थाय व्रजेद् दिशमजिह्मगः ।
आ निपातात्शरीरस्य युक्तो वार्यनिलाशनः ॥३१॥

aparājitāṃ vā'sthāya vrajed diśamajihmagaḥ |
ā nipātātśarīrasya yukto vāryanilāśanaḥ ||31||

 

Or, having fixed upon the North-Easterly direction, he shall go forward, moving straight on, intent and living upon water and air, — till the falling off of his body. — (31).

 

Medhātithi’s commentary (manubhāṣya):

The ‘Aparājitā’ is the name of the North-Easterly direction, known among the people as ‘Aiśānī’; — ‘Having fixed upon’ this direction — as “this is the direction towards which I shall go’, — he should proceed towards it.

‘Moving straight on’ — not swerving from his path, not seeking to avoid even rivers and streams. This is a rule laying down the going towards the North-East.

‘Intent, living upon water and air, till the falling off of the body.’ — That is, until the body falls off, he shall live upon air and on water.

‘Intent’, — having concentrated himself by the rules of Yoga.

This refers to the ‘Grand Journey’ (towards certain death). — (31).

 

Explanatory notes by Ganganath Jha:

‘Yuktaḥ’ — ‘Intent on the practice of yoga’ (Govindarāja and Kullūka), — ‘firmly resolved’ (Nārāyaṇa and Rāghavānaṇda).

This verse is quoted in Aparārka (p. 945), which adds the following notes: — ‘yuktaḥ’ means ‘samāhitaḥ’, ‘intent, calm, collected’; this teaching regarding the ‘Great Journey’ is only by way of an illustration for all such means of self-immolation as burning, drowning and the like.

It is quoted in Mitākṣarā (on 3.55); — and in Hemādri (Śrāddha, p. 1660), which explains ‘aparājitā’ as ‘the north-easterly direction,’ — towards that he should go straight on, till his body falls, living upon water and air and with mind duly concentrated and calm.

 

Comparative notes by various authors:

(verses 6.31-32)

Baudhāyana (3.3.10.11, 12). — ‘The hermits called Unmajjakas avoid iron and stone implements; those called Pravṛttāśins take food with the hand; those called Mukhenādāyins take it with the mouth only.’

Āpastamba (2.23 also 2.22.24). — ‘Then he shall live on water, then on air and finally on Ākaśa: — each succeeding method bringing a greater reward.’

Yājñavalkya (3.55). — ‘Eating air, he shall proceed towards the North-East till his body perishes.’

Smṛtyantara (Aparārka, p. 945). — ‘The hermit shall undertake either the Long Journey, or drown in water or enter the fire, or fall from a precipice.’

 

 

VERSE 6.32

Section III - Details of the Hermit’s Life

 

आसां महर्षिचर्याणां त्यक्त्वाऽन्यतमया तनुम् ।
वीतशोकभयो विप्रो ब्रह्मलोके महीयते ॥३२॥

āsāṃ maharṣicaryāṇāṃ tyaktvā'nyatamayā tanum |
vītaśokabhayo vipro brahmaloke mahīyate ||32||

 

Having discarded his body by one of these methods adopted by the Great Sages, the Brāhmaṇa, with sorrow and fear departed, becomes exalted in the region of Brahman. — (32).

 

Medhātithi’s commentary (manubhāṣya):

The austerities spoken of above and the ‘Grand Journey’ just spoken of constitute ‘the methods adopted by the Great Sages.’ By ‘one of these’ — by drowning in a river, by falling from a precipice, by burning one self by fire, by starving one’self to death — one should discard his body.

The result of this is that ‘with sorrow and fear departed’ he reaches the regions of Brahman. ‘Sorrow’ consists in the experiencing of the sufferings of hell, etc., — ‘Fear’ — of going to hell. Both these disappear for the man; and directly — not having to pass through the several stages of Light, etc. — he goes to the region of Brahman.

The ‘region of Brahman’ is a particular place, superior than Heaven itself; and in that ‘he becomes exalted’ — remains to honoured. This does not mean that he obtains the ‘Selfsovereignty’ of Brahman; since the text distinctly adds the term ‘region’; specially as Liberation is going to be spoken as being led to from the fourth Life-stage.

They say that Liberation is not attained by mere Action.

But this is not right; since in this very work it has been said — ‘he should study the Vedic texts contained in the Upaniṣads in order to attain the Self’; and ‘attainment of the Self’ is nothing more than meditating,’ upon the Self and thereby becoming absorbed in it; there can be no other meaning of the term ‘attain’. And further what is to be meditated upon by yogins in connection with the Upaniṣad-texts is the Self: — ‘One fixed in Brahman reaches immortality’, ‘he becomes absorbed therein’ and so forth.

It might be argued that — “there are other forms of success proceeding from austerities, spoken of in such texts as ‘if he is desirous of reaching the regions of the Pitṛs etc. etc.’; wherein we find it stated that man can attain that degree of greatness which belongs to Brahman, and which is acquired by his determined activity; but this cannot be Liberation.”

But this is not right. Because there is no distinction made. The man of action is just as much entitled to ‘Immortality’ (which is Liberation) as to the forms of worship leading to inferior results. It is nowhere declared that those forms of worship which relate to Non-duality shall be followed by the Renunciate only.

“But, having declared that ‘there are three departments of Dharma’, the Upaniṣad (Chāndogya) names ‘sacrifice, study and charity’, which represent the duties of the Householder; then it mentions ‘austerity’ which refers to the Hermit; then it speaks of the‘Student dwelling in the Teacher’s house’, which refers to the Life-long Student; and lastly it mentions ‘one who is fixed in Brahman’, and this refers to the Renunciate. Further on, it declares that the former three lead to ‘sacred regions’; from which it follows that it is the remaining fourth, the Renunciate, who attains Immortality.”

Not so at all; the term ‘brahmasaṃstha’, ‘fixed in Brahman’, is used in its literal sense of ‘one who is given up to meditating upon Brahman’ [and this has no reference to any particular stage of life].

“If all men were equally entitled to it, then all that the Upaniṣad need have said is ‘one who is fixed in Brahman reaches Immortality’ [and nothing need have been said regarding the three life-stages]”.

Not so; what the passage means is that, — ‘the several life-stages lead to sacred regions, which constitutes the result mentioned in connection with the Injunctions relating to the stages; but if, while still in the same stages, if a man fixes himself upon Brahman, he attains Immortality, which means non-return to birth.’

“Those who know the Self have declarered that Brahman is non-dual; and It is also called ‘one in whom all activity has ceased’; the Life-stages on the other hand, all constitute the path of activity, consisting of the performance of various acts leading up to various results; so that there is a clear incompatibility between the ‘knowing of the non-dual Self’ and the performance of the Agnihotra and other rites, which are inseparable from the stages of the Householder &c., and which are all based upon notions of diversity

Our answer to this is as follows: — This would be equally applicable to Renunciation also, which also consists of restraints and observances, which presuppose diversity.

It might be argued that — “For the man who has renounced all activity and entered the path of Inaction, there are no scriptural injunctions at all”.

Such certainly is not the meaning of the scriptures. Renunciation is going to be described as ‘the surrendering of the notions of I and mine’, and not the abandoning of all that is enjoined by the scriptures. Further, in connection with the Renunciate also, when he is hungry and goes about begging food, the notion of action and agent is always present. Under the circumstances, what reasonable man could assert that — “in the case of the Renunciate there is no incompatibility between his engaging in the said acts pertaining to the ordinary worldly life and his realising of the non-dual Brahman, — while there is a clear incompatibility between this latter and the performance of the Agnihotra and other acts prescribed by the scriptures”?

The following argument may here be put forward “When the Renunciate is hungry and engages himself in eating, there is certainly incompatibility between this act and his knowledge of Self; but this incompatibility or incongruity lasts during that time only; just when a man walks in the dark he may put hist foot upon thorny places; but when the sun rises and he obtains sufficient light, he places his foot only upon the right path, which is free from thorns; in the same manner, during the time that the man is suffering from hunger, he loses sight of his knowledge of Self; but as soon as the cessation of hunger comes about, like light in the other case, his firm conviction regarding the Self reasserts itself and the man regains his knowledge”.

The same may be said regarding the Hermit also.

For the Householder also, there would be nothing incongruous in his attending to his wife and children and also meditating upon Brahman.

“But how can the man of manifold activities, who has become identified with diversity, ever obtain conviction regarding Non-duality”?

In connection with the duties of the Householder also it has been laid down that — ‘he shall meditate in solitude’ (4.248), and ‘having made over eveything to his son &c.’ (4.247)

“It has been declared in the Śruti that ‘the man desiring heaven should not die before the span of his lift; has run out how then can there beany ‘giving up of the body’ for the Hermit? It is not possible for the present text to restrict this Śruti- text to cases other than that of the Hermit. Because the Śruti is more authoritative, and as such, could not be restricted in its scope by the Smṛti.”

There would be no going against the said Śruti if the man were to seek death when his body is torn up by old age and by sorrows and he knows that death is near at hand. What the

Śruti says is ‘before the span of his life has run out’; where as if dying were not considered right under nay and every circumstances, then it would have simply said ‘one desirous of heaven should not die.’ Further, the Upaniṣads speak of several signs of approaching death; and these also have their use in connection with the Śruti in question; the sense being that ‘unless a man knows of impending death by means of such signs he shall not seek to die.” — (32)

 

Explanatory notes by Ganganath Jha:

‘Āsām anyatamayā’ — ‘The aforesaid austerities as also the Great Journey’ (Medhātithi); so also ‘others.’ There is no difference of opinion among the commentators, as Buhler makes out,

Hopkins is wrong in translating ‘bhṛguprapāta’ as ‘drowning;’ — Buhler has understood it rightly to mean ‘precipitating himself from a mount.’

This verse is quoted in Mitākṣarā (on 3.55), winch adds the following notes: — The ‘brahmoloka’ here meant is not ‘the eternal Brahman’, but a particular region; otherwise there would be no sense in the adding of the term ‘loka’; also because Liberation (which would be the ‘reaching of the eternal Brahman’) is not held to be attained without the fourth Life-stage of Renunciation; as is clear from the Śruti text (Chāndogya) which speaks of the first three life-stages as ‘puṇyalokāḥ’, ‘leading to sacred regions’, and of the ‘Brahmasaṃstha’ (Renunciate) alone as attaining immortality.’

This verse is quoted in Parāśaramādhava (Ācāra, p. 5.31); — in Aparārka (p. 945), which adds that the ‘methods’ referred to are those described under verse 23 et. seq. it adds that all that has been prescribed under the ‘duties of the Religious Student’ has to be followed by the Householder, the Hermit and the Renunciate also, in so far as it does not militate against anything that has been prescribed specifically for any of these.

It is quoted in Nirṇayasindhu (p. 398).

 

Comparative notes by various authors:

(verses 6.31-32)

See Comparative notes for Verse 6.31.

 

 

VERSE 6.33 [The Renunciate]

Section XIV - The Renunciate

 

वनेषु च विहृत्यैवं तृतीयं भागमायुषः ।
चतुर्थमायुषो भागं त्यक्वा सङ्गान् परिव्रजेत् ॥३३॥

vaneṣu ca vihṛtyaivaṃ tṛtīyaṃ bhāgamāyuṣaḥ |
caturthamāyuṣo bhāgaṃ tyakvā saṅgān parivrajet ||33||

 

Having thus passed the third part of his life in the forest, the man shall, during the fourth part, renounce all attachments and go forth (a wandering mendicant). — (33)

 

Medhātithi’s commentary (manubhāṣya):

Henceforward we have the description of the fourth life-stage.

‘Third part.’ — i.e, having remained, in the forest for some time; for such time as would suffice for the due performance of austerities and the proper allayment of longing for objects of enjoyment. The phrase cannot be taken as standing precisely for the exact ‘third part’ of the man’s life; because the period of the life-stage is not determined precisely with reference to one hundred years (the alleged span of man’s life); because the time for entering on the third life-stage has been indicated as that marked by the appearance of ‘wrinkles and grey hair’; and in every man these do not always appear at the completion of fifty years. Then again, elsewhere it has been declared that ‘one should go forth on the completion of his austerities’.

“In the case of the other life-stages the time has been precisely indicated — e.g. (a) Studentship shall continue till the Veda has been got up, (b) the life of the Householder shall continue till the appearance of wrinkles and grey hairs; in the present instance however no such time is indicated; whether we take it to be the ‘third part’ as asserted in the present text, or ‘on the completion of austerities,’ — even so we stand in need of information regarding the exact time meant; for there is no knowing by what time one’s austerities might be completed. For these reasons it is necessary that the time should be indicated by the words of the text”

It has already been explained that the ‘third part of life’ cannot be determined with reference to ‘a hundred years’; and as regards the exact time, it has been clearly indicated by such words as — ‘one should take to the life of the Wandering Mendicant after the body has fully ripened’; which means that ‘one should go forth after he has performed enough austerities, and till sufficiently advanced age, to be convinced that there is no more chance of any recrudescence of the passions.’

‘Having passed’ — having lived through; i.e. having carried on the duties as detailed above.

‘Renouncing of attachment’ consists in not harbouring notions of I and mine, in resting within one’s self. — (33).

 

Explanatory notes by Ganganath Jha:

‘Saṅga’ — ‘Attachment to sense-objects’ (Kullūka); — ‘possessions’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 532); — in Vīramitrodaya (Saṃskāra, p. 562); — and in Saṃskāramayūkha (p. 64), which says that the division is to be made on the basis of the life-span of one hundred years.

 

Comparative notes by various authors:

(verses 6.33-34)

Baudhāyana (2.17.1-6). — ‘Now we shall explain the rule for entering the order of Renunciates. Some say that he who has finished his studentship may become a renunciate immediately after that. But according to others renunciation is fit only for such Śālīnas and Yāyāvaras as are childless, or widowers. In general, they prescribe renunciation after the completion of the seventieth year and after the children have been firmly settled in their sacred duties. Or a Hermit may become a Renunciate on the completion of the special rites prescribed for him.’

Baudhāyana (2.17.15-17). — ‘It is declared in the Veda that “entering stage after stage man becomes one with Brahman.” They quote also the following verse — “Ho who has passed from stage to stage, has offered burnt oblations and kept his organs under subjection, becomes afterwards, tired with giving alms and making offerings, a Renunciate. Such a Renunciate becomes one with the Infinite.’

Viṣṇu (96.1). — ‘After having passed through the first three stages, and having annihilated passion, he should offer an oblation to Prajāpati in which he gives away all his belongings as the sacrificial fee, and enter the stage of the Renunciate.’

Yājñavalkya (3.55-56). — ‘Passing on from the stage of the Householder or from that of the Hermit, he shall perform the sacrifice to Prajāpati, at which he gives away all his belongings as the sacrificial fee, and on its completion, withdrawing the fires within himself, he shall turn his mind towards Liberation, after having studied the Veda, performed Japa, begotten sons, made gifts of food, maintained the fires, and performed sacrifices to the best of his capacity.’

Jābāla-smṛti (Aparārka, p. 946). — ‘Having completed Studentship, he shall become a Householder; after having been a Householder, he shall become a Hermit; after having been a Hermit he shall go forth as a Renunciate; or he may go forth directly after Studentship or Householdership or Hermitship.’

Jābāla (Parāśaramādhava, p, 535). — ‘One should go forth the very day on which he becomes freed from all attachments.’

Śaṅkha-Likhita (Aparārka, p. 947). — ‘After he has lived in the forest as a Hermit, the man, calm and advanced in age, should make up his mind to go forth as a Renunciate. Having withdrawn the fires within himself, free from all such feelings as fear, avarice, delusion, anger, sorrow, envy, pride and jealousy, he should not wait for any time; as men’s determinations are evanescent; hence he shall not wait for to-morrow, to-morrow; that very day he shall renounce all activities and go forth as a Renunciate.’

Vāyupurāṇa (Do., p. 949). — ‘Leading the life of the Hermit, having his sins burnt by austerities, the twice-born man shall take to renunciation and enter the fourth stage. ì laving made offerings to Brāhmaṇas, gods and his own Pitṛs and men, and having performed the Vaiśvānarī or the Prājāpatya sacrifice, he shall deposit the fires within himself and shall go forth, uttering the proper mantras: thenceforward he shall renounce all affection and longing for sons and others.’

Nṛsiṃhapurāṇa (Aparārka, p. 951). — ‘The Brāhmaṇa, whose gestatory, generative and digestive organs and the head are well-controlled, may go forth as a Renunciate, even without having married, and live on alms. Renunciation consists in the giving up of the affections, attachment to objects of sense, son, wife, good and evil, as also the anxiety for worldly affairs.’

Dakṣa (Parāśaramādhava, p. 533). — ‘If any one reverses the order of the stages, he is the most sinful among men. If one having been a Householder, becomes a Religious Student, he is neither a Renunciate nor a Hermit; he is beyond the pale of all the stages.’

Aṅgiras (Do., p. 534). — ‘Having found the world to be devoid of essence, and longing for the essential substance, the man, being free from all attachment, goes forth, without marrying. One may go forth either directly after Studentship or after having led the life of the Householder, or after having lived as a Hermit in the forest.’

Yama (Do., p. 536). — ‘On the death of his wife, if he does not take to another wife, he should go forth as a Renunciate; or this highest path may be taken up by one who, having lived as a Hermit, has shaken off all his sins.’

Nārada (Do, p. 537). — ‘Even from the very first stage, if the Brāhmaṇa becomes freed from all attachment for this ocean of worldliness, and desires liberation, he should renounce relationships and go forth as a Renunciate.’

Yogi-Yājñavalkya (Parāśaramādhava, p. 537). — ‘There are four stages prescribed by the Veda for the Brāhmaṇa, three for the Kṣatriya, two for the Vaiśya and one for the Śūdra.’

Vāmanapurāṇa (Do.). — ‘Pour stages have been spoken of for the Brāhmaṇa; three only, i.e., those of the Householder, the Student, the Hermit, for the Kṣatriva; only two — Householdership and Hermitship — for the Vaiśya; only one, that of Householdership, is proper for the Śūdra.’

Yājñavalkya (3.60). — ‘Controlling his senses, renouncing all love and hatred and fear of things, the twice-born man becomes immortal.’

Smṛtyantara (Aparārka, p. 966; Parāśaramādhava, p. 538). — ‘Having paid off the three debts, being freed from all notions of I and mine, the Brāhmaṇa, the Kṣatriya and the Vaiśya, may go forth from the house.’

Kūrmapurāṇa (Parāśaramādhava, p. 538). — ‘Having deposited the fires within himself, the twice-born man should become a Renunciate.’

 

 

VERSE 6.34

Section XIV - The Renunciate

 

आश्रमादाश्रमं गत्वा हुतहोमो जितेन्द्रियः ।
भिक्षाबलिपरिश्रान्तः प्रव्रजन् प्रेत्य वर्धते ॥३४॥

āśramādāśramaṃ gatvā hutahomo jitendriyaḥ |
bhikṣābalipariśrāntaḥ pravrajan pretya vardhate ||34||

 

If one, after passing from stage to stage and after offering the sacrifices, with senses subdued, tired of alms and offerings, — goes forth as a wandering mendicant, and then dies, then he prospers. — (34)

 

Explanatory notes by Ganganath Jha:

This verse lends support to the view that one should pass through all the life-stages. — ‘Passing from stage to stage; that is passing from the Householder’s stage to that of the Hermit.

‘After offering the sacrifices’ — during both the stages.

‘With senses subdued’. — when he becomes so, then alone he should go forth.

‘If he dies, then he prospers’ — ‘i. e., obtains most excellent for splendour,

‘Tired of alms and offerings’ — by having recourse to these along time.

This is reiterative reference to the duties of the Life-stages. — (35).

 

Comparative notes by various authors:

(verses 6.33-34)

See Comparative notes for Verse 6.33.

 

 

VERSE 6.35

Section XIV - The Renunciate

 

ऋणानि त्रीण्यपाकृत्य मनो मोक्षे निवेशयेत् ।
अनपाकृत्य मोक्षं तु सेवमानो व्रजत्यधः ॥३५॥

ṛṇāni trīṇyapākṛtya mano mokṣe niveśayet |
anapākṛtya mokṣaṃ tu sevamāno vrajatyadhaḥ ||35||

 

One shall turn his mind towards Liberation only after having paid off the three debts; without having paid them, if he seeks for Liberation, he sinks downwards. — (35)

 

Medhātithi’s commentary (manubhāṣya):

‘Paying off’ — Clearing off the debt.

‘One shall turn his mind towards Liberation’. — The term ‘liberation’ here indicates the stage of Renunciation; it is this stage that is spoken of as the principal path which leads to Liberation only; not so the other stages (which lead to other results also); hence ‘liberation’ means the Stage of Renunciation. — (35).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.57), to the effect that until one has begotten offsprings he is not entitled to the life of Renunciation; — in Vidhānapārijāta (II, p. 373); — in Hemādri (Kāla, p. 808), which says that ‘mokṣa’ here stands for jñāna, knowledge, as is clear from the use of the term ‘sevamānaḥ’ — and in Yatidharmasaṅgraha (p. 3) along with the next verse (see below).

 

Comparative notes by various authors:

Smṛtyantara (Aparārka, p. 966). — ‘Having paid off the three debts, being freed from all motions of I and mine, the Brāhmaṇa, the Kṣatriya and the Vaiśya may go forth from the house.’

 

 

VERSE 6.36 [The manner of Paying the three Debts]

Section V - The manner of Paying the three Debts

 

अधीत्य विधिवद् वेदान् पुत्रांश्चोत्पाद्य धर्मतः ।
इष्ट्वा च शक्तितो यज्ञैर्मनो मोक्षे निवेशयेत् ॥३६॥

adhītya vidhivad vedān putrāṃścotpādya dharmataḥ |
iṣṭvā ca śaktito yajñairmano mokṣe niveśayet ||36||

 

After having studied the Vedas according to rule, having begotten sons in the rightful manner, and having offered sacrifices to the rest of his ability, — he shall turn his mind towards Liberation. — (36).

 

Medhātithi’s commentary (manubhāṣya):

This Smṛti-text reiterates what has been said in the following Śruti — ‘Man is born beset with three debts — the debt of sacrifice to the gods, the debt of offspring to the Pitṛs, and the debt of vedic study to the sages’ (Śatapatha-Brāhmaṇa, 1.7.2.1).

“But the Jābāla-śruti has declared that — ‘one should go forth as a mendicant after having been a house-holder, or he may go forth directly after studentship’."

Our explanation of this is as follows: — What the text just quoted does is to mention the mere coming into existence of the stage of Renunciation; and if it were taken in its literal sense it would be contrary to what is said in the following verse regarding the impropriety of ‘going forth, without having begotten offspring’.

“Well, when we have the Śruti just quoted, what if it be contrary to a Smṛti- text?”

We explain. The necessity of taking to the Householder’s life has been directly enjoined (with all its details); while all that the text does in regard to the Renunciate is to enjoin that ‘one shall go forth’; and nothing is said as to the rites to be performed by the Renunciate, or the procedure to be adopted in regard to those rites. As regards the Householder on the other hand, the Agnihotra and other rites have been prescribed along with nil their appurtenant details. This is what we meant (by urging that the Śruti text quoted, if taken in its literal sense, would be contrary to the Smṛti- text). Those persons then who, not knowing of the Śruti text describing the‘three debts’, take their stand upon Smṛti -texts only, and become life-long ‘students’, find themselves running up against the ‘Householder’s Life’ which has been directly enjoined.

There are some people who explain the Smṛti-texts relating to the ‘Life-long Student’ as applying to the case of such men as are suffering from impotence or some such debility, and are, on that account, not entitled to entering upon the House holder’s Life.

But we do not understand what these people really mean. Their meaning may be as follows: — Such a person is not entitled to the rites laid down in the Śruti, on account of their being incapable of properly accomplishing such acts as the ex amining of the clarified butter (which cannot be done by the blind), or the walk in Viṣṇu’s steps (which cannot be done by the lame); and that even so the said Śruti-texts have their application in the case of such men as are capable of duly accomplishing the rites with all the said details; so that there is no need for taking them as forcing the disabled persona also to perform the acts”.

If this is what is meant, then as regards the Smṛti -texts also which speak of the ‘Life-long student’, — such a student also would have to ‘fetch water for the Teacher,’ to beg for food, and so forth; and in regard to the Renunciate also it has been declared that ‘he shall not dwell in any one place for a second night’. So that how could the blind and lame be entitled to these life-stages as prescribed by the Smṛti -texts? In fact the Initiatory Ceremony (upanayana) itself is clearly indicative of all (the four life-stages). Hence the desire of the person for marriage, which is referred to later on (9.203) in the text — ‘if he has need for a wife etc. &c.’ Though in connection with the Initiatory Ceremony also, there are several details, such as looking at the sun, going round the fire, and so forth (which cannot be done by the blind or the lame), yet — in as much as the uninitiated person, by reason of his having become an outcast, would not be entitled to marry, — it is open to the man to keep up bis studentship, even though defective, by serving his Teacher to the best of his ability. As for the impotent man, he is, by his very nature, unfit for the Initiatory Ceremony; in fact, like the outcast, he is not entitled to anything at all.

From all this our mind is not satisfied with the view that the life of the Renunciate (directly after studentship), or that of the Life-long Student, is meant for disabled people. In fact the two methods may well be regarded as optional alternatives; as is done in the case of the two Vedic texts laying down oblations to be offend ‘before sunrise’ and ‘after sunrise’. And it is in accordance. with the alternative view that nil the four life-stages should be passed through that we have the passage — ‘without paying off his debts &c.’, — which is deprecatory and not prohibitive (of Life-long Studentship, or Direct Renunciation). Or, it may be taken as referring to cases where the married man is going to take to Renunciation. — (36).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Yatidharmasaṅgraha (p. 3) along with 35 which has the following notes: — These two verses mean that a man who has not already acquired dispassion towards worldly and celestial things should do all things according to the scriptures and then have recourse to Renunciation, — ‘vrajatyadhaḥ’ i.e., lingers in the satya and other regions lower than Liberation, — the Jabāla śruti justifies Renunciation also for those who have not passed through all the preceding life-stages.

 

Comparative notes by various authors:

(verses 6.36-37)

Bodhāyana (2.11.34). — ‘Those dwell with us who fulfil the following duties — the study of the Vedas, the studentship, the procreation of offspring, faith, austerity, sacrificing and giving gifts; he who praises other duties becomes dust and perishes.’

Āpastamba (2.24.8). — (Same as Baudhāyana.)

Yājñavalkya (3.57). — ‘One shall turn his mind towards liberation only after having studied the Vedas, performed japa, obtained sons, given away food, maintained the fires and performed sacrifices to the best of his ability; — never otherwise.’

(For other texts, see under 33-34.)

Kāmandaka (2.29-31). — ‘The duties of the Renunciate are to renounce all activity, to live on begging, to dwell under trees, to refuse all gifts, to avoid injury to living beings, to maintain an attitude of equality towards all, to be neutral to friends and enemies, to be unmoved by joy and grief, to be pure in mind and body, to curb speech, observe vows, to withdraw the senses from their objects, to keep the mind collected, to be absorbed in meditation and to purify his intentions.’

 

 

VERSE 6.37

Section V - The manner of Paying the three Debts

 

अनधीत्य द्विजो वेदाननुत्पाद्य तथा सुतान् ।
अनिष्ट्वा चैव यज्ञैश्च मोक्षमिच्छन् व्रजत्यधः ॥३७॥

anadhītya dvijo vedānanutpādya tathā sutān |
aniṣṭvā caiva yajñaiśca mokṣamicchan vrajatyadhaḥ ||37||

 

The twice-born person, who seeks Liberation, without having studied the Vedas, without having begotten offspring, and without having offered sacrificis, sinks downwards. — (37).

 

Explanatory notes by Ganganath Jha:

‘Sacrifices’ — such as the Animal-Sacrifice, the Some-Sacrifice and the like, which an obligatory on persons who have set up the Fire. — (37).

 

Comparative notes by various authors:

(verses 6.36-37)

See Comparative notes for Verse 6.36.

 

 

VERSE 6.38 [Procedure of going forth as a Wandering Mendicant]

Section VI - Procedure of going forth as a Wandering Mendicant

 

प्राजापत्यं निरुप्येष्टिं सर्ववेदसदक्षिणाम् ।
आत्मन्यग्नीन् समारोप्य ब्राह्मणः प्रव्रजेद् गृहात् ॥३८॥

prājāpatyaṃ nirupyeṣṭiṃ sarvavedasadakṣiṇām |
ātmanyagnīn samāropya brāhmaṇaḥ pravrajed gṛhāt ||38||

 

Having performed the Prājāpatya Sacrifice, wherein all his belongings are given away as the sacrificial fee, — and having reposited the Fires within himself, — the Brāhmaṇa should go forth from his house. — (38).

 

Medhātithi’s commentary (manubhāṣya):

‘Prājāpatya Sacrifice’ — as prescribed in the Yajurveda; at this the giving away of all one’s belongings is enjoined. After this has been performed, the Fires are reposited by the man within himself; the exact procedure of this repositing also has to be learnt from that same Veda.

The compound ‘Sarvavedasadakṣiṇam’is to be treated as a Bahuvrīhi compound; ‘that at which all one’s belongings are given away as the sacrificial fee’. ‘Vedas’ mean wealth; and the whole of this is to be given away. This is the sense attributed to the ‘an’ affix in the term ‘sarvāvedasa’. Or the ‘an’ affix may be taken in the reflexive sense; the ‘Prajñādi group’ (which are laid down as taking the said affix in this sense) being a purely tentative one.

Others have explained the ‘Prājāpatya sacrifice’ as human sacrifice. At this latter the Brāhmaṇa forms the first animal to be sacrificed in accordance with the injunction ‘the Brāhmaṇa should be sacrificed to Brahman’; and ‘Prājāpati’ is only another name f or Brahman; and since a sacrifice is named after its chief deity, ‘Prājāpatya’ is the name for the human sacrifice. Farther, it is only in connection with this sacrifice that the scriptures have enjoined the giving away of all belongings, the repositing of the Fires within oneself and the going forth as a mendicant. We have the following Śruti -text on this point: — ‘Having reposited the

Fires within himself, and regarding this repositing as a worship rendered unto Āditya, the man should go forth; then alone does he become securer than gods and men

Some people have held that the ‘repositing of the Fires within himself’, which is mentioned in connection with Renunciation, becomes fulfilled if the Fires are made over to the wife at her death; and hence Renunciation is to be taken to only in the event of the wife’s death, when a second wife need not be taken.

But in that case the text bearing on the subject should have been in some such form as — ‘in the event of the wife dying first, the Fires should be made over to her at her funeral rite’, and since the present treatise is the work of a human author, and not a Veda, the answer would not be available that no exception can be taken to its words. (?) — (38).

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Mitākṣarā (on 3.57) to the effect that the Brāhmaṇa only is entitled to the life of Renunciation.

The verse is quoted in Parāśaramādhava (Ācāra, p. 538), in the sense that when going to enter the stage of Renunciation, the man should perform the Prājāpatya sacrifice in which he should give away all his belongings as the ‘sacrificial fee’; — and in Yatidharmasaṅgraha (p. 13).

 

Comparative notes by various authors:

Bodhāyana (2.17.21). — ‘A Brāhmaṇa who, knowing this, dies after fasting during the night of Brahman, and depositing within himself the sacred fires, conquers all guilts, even that of killing a Brāhmaṇa.’

Viṣṇu (96.1, 2). — ‘After having passed through the first three stages, and annihilated passion, he must offer an oblation to Prajāpati, in which he bestows all his wealth as the sacrificial fee, and enter the stage of the Renunciate. Having reposited the fires in his own mind, he must enter the village in order to collect alms.’

Yājñavalkya (3.56). — ‘Either after Studentship, or after Hermitship, having performed the Prājāpatya sacrifice, at which his entire wealth is given away as the sacrificial fee, and at its completion, repositing the fires within himself, — (he shall turn his mind towards liberation).’

Kūrmapurāṇa (Parāśaramādhava, p. 538). — ‘Repositing the fires within himself, the twice-born should go forth as a Renunciate, devoted to the practice of Yoga. After having performed the Prājāpatya or the Āgneyī sacrifice, and having all his impurities evaporated within himself, he should have recourse to the stage dedicated to Brahman.’

Nṛsiṃhapurāṇa (Parāśaramādhava, p. 539). — ‘Leading the life of the Hermit, having his sins burnt by austerity, the twice-born person should, in accordance with the law, take to renunciation and enter the fourth stage. Having made offerings to gods, Pitṛs, sages and men, and also to himself, and having performed the Prājāpatya or the Vaiśvānarī sacrifice, he shall reposit the fire within himself and, reciting mantras, go forth.’

Kātyāyana (Parāśaramādhava, p. 542). — ‘Having reposited the fires within himself, seated in the centre of the altar, and meditating upon Hari, having obtained the permission of his guru, he should pronounce the Praiṣamantra.’

 

 

VERSE 6.39

Section VI - Procedure of going forth as a Wandering Mendicant

 

यो दत्त्वा सर्वभूतेभ्यः प्रव्रजत्यभयं गृहात् ।
तस्य तेजोमया लोका भवन्ति ब्रह्मवादिनः ॥३९॥

yo dattvā sarvabhūtebhyaḥ pravrajatyabhayaṃ gṛhāt |
tasya tejomayā lokā bhavanti brahmavādinaḥ ||39||

 

He who goes forth from home after having granted freedom from all fear to all beings, — to that expounder of the Veda belong regions of light. — (39).

 

Medhātithi’s commentary (manubhāṣya):

This verse eulogises the fourth life-stage at the expense of the Householding stage.

At sacrifices animals are killed; the cutting of herbs and grasses also constitutes ‘killing’, according to the theory that ‘all that grows is animate’. It is this that constitutes the ‘fear’ of living beings. So that when one has gone away from home, and has disposed of the Fires, there is no such fear from him. This is what is meant by the words — ‘having granted freedom from fear to all beings.’ This also indicates that the Renunciate shall not pick up for his use any inch leaves or twigs as have not quite dried up.

‘Of light’ — ever effulgent; where the rising and s etting of the sun are not perceived; this is what is described by the words of the Upaniṣads — ‘Beyond this the sun does not rise or set’ — (39).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Yatidharmasaṅgraha (p. 20), which explains ‘brahmavedinaḥ’ (which is its reading for ‘brahmavādinaḥ’) as ‘knowing the Brahman with properties’, which is clear from its being mentioned along with ‘effulgent regions’ which could have no connection with one who knows the absolute Brahman.

It is quoted also in Nirṇayasindhu (p. 460).

 

Comparative notes by various authors:

(verses 6.39-40)

Mahābhārata (12.244.28; and 278.22). — (Reproduces Manu, the last foot being read as pretya cānantyamaśnute; under 279, 2, the same foot is read as ‘tathānantyāya kalpate.’)

Baudhāyana (2.17.29). — ‘Finally he pours as much water as fills his joined hands, saying “I promise not to injure any living being.” They quote the following: — “A Renunciate who roams about after having given a promise of safety to all living beings, is not threatened with danger by any creature.’

Vaśiṣṭha (10.1-3). — ‘The Renunciate should depart from his house, giving a promise of safety from injury to all living beings. They quote the following: — “That Renunciate who wanders about at peace with all creatures, forsooth, has nothing to fear from any living being; hut he who becomes a Renunciate and does not promise safety from injury to all beings, destroys the born and the unborn; and so does a Renunciate who accepts presents.”’

 

 

VERSE 6.40

Section VI - Procedure of going forth as a Wandering Mendicant

 

यस्मादण्वपि भूतानां द्विजान्नोत्पद्यते भयम् ।
तस्य देहाद् विमुक्तस्य भयं नास्ति कुतश्चन ॥४०॥

yasmādaṇvapi bhūtānāṃ dvijānnotpadyate bhayam |
tasya dehād vimuktasya bhayaṃ nāsti kutaścana ||40||

 

The twice-born person, from whom not the slightest danger arises to living beings, suffers no danger from any source, when he has become freed from his body. — (40).

 

Medhātithi’s commentary (manubhāṣya):

The same idea is repeated again.

‘When he has become freed from his body’ — i.e., when his present body falls off. (40)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Yatidharmasaṅgraha (p. 20), according to which this also refers to the knowledge of the Brahman with properties, as no fear is possible for one who knows the Absolute Brahman.

 

Comparative notes by various authors:

(verses 6.39-40)

See Comparative notes for Verse 6.39.

 

 

VERSE 6.41

Section VI - Procedure of going forth as a Wandering Mendicant

 

अगारादभिनिष्क्रान्तः पवित्रोपचितो मुनिः ।
समुपोढेषु कामेषु निरपेक्षः परिव्रजेत् ॥४१॥

agārādabhiniṣkrāntaḥ pavitropacito muniḥ |
samupoḍheṣu kāmeṣu nirapekṣaḥ parivrajet ||41||

 

Having departed from his house, fully equipped with the sacred things, he shall go forth, silent and wholly indifferent towards pleasures that may be presented to him. — (41.)

 

Medhātithi’s commentary (manubhāṣya):

‘Sacred things’ — the muttering of sacred texts, kuśa-grass, water-pot and deer-skin; — ‘Equipped’ — supplied — with these. Or ‘pavitra’ may be taken as standing for the purifying penances.

‘Muni’, — ‘silenty,’ — speaking little.

‘Presented’ — offered by some person; — ‘pleasures’ — pleasure-giving objects, such as nice food and the like, which may come to him by chance, — or the sounds of music &c., — or sons end other relations. When these happen to be presented before him, he should be‘indifferent’ to them; i.e., he shall not look upon them for long with loving eyes, shall not listen to them, or shall not sit with them. — (41).

 

Explanatory notes by Ganganath Jha:

‘Pavitropacitaḥ’ — ‘Equipped with the purificatory recitation of sacred texts, and also with such purificatory things as kuśa, water-pot and staff; or equipped with purificatory penances’; — ‘provided with such means of purification as the staff, the water-pot and so forth’ (Govindarāja, Kullūka and Nandana); — ‘made eminent during life as a Householder by such purificatory acts as austerities, Vedic recitals and so forth’ (Nārāyaṇa); — ‘possessed of a rich store of sanctifying knowledge taught in the Upaniṣads.’

‘Muniḥ’ — ‘Wholly silent’ (Govindarāja and Kullūka); — ‘intent on meditation’ (Nārāyaṇa).

‘Samupoḍheṣu’ — ‘Offered to him’ (Medhātithi, Govindarāja and Kullūka); — ‘collected in his house’ (Nandana); — ‘fully enjoyed by him’ (Nārāyaṇa).

 

Comparative notes by various authors:

Gautama (3,16). — ‘Abandoning all desire.’

Baudhāyana (2.11.16). — ‘The Renunciate shall leave his relations, and, not attended by any one, nor possessing any property, depart from his house, according to rule.’

Vaśiṣṭha (10.12, 28). — ‘He should frequently change his residence. He should not enjoy any object of sensual gratification.’

Yājñavalkya (3.57). — ‘Devoted to the welfare of all living beings, he shall go forth alone.’

Arthaśāstra (p. 30). — ‘For the Renunciate — keeping senses under control, desisting from activities, having no possessions, abandoning of attachment, alms-begging in several places, living in the forest, internal and external purity.’

 

 

VERSE 6.42

Section VI - Procedure of going forth as a Wandering Mendicant

 

एक एव चरेन्नित्यं सिद्ध्यर्थमसहायवान् ।
सिद्धिमेकस्य सम्पश्यन्न जहाति न हीयते ॥४२॥

eka eva carennityaṃ siddhyarthamasahāyavān |
siddhimekasya sampaśyanna jahāti na hīyate ||42||

 

He shall always wander about alone, without a companion, in order to attain success; when one realises that success accrues to the solitary man, he neither forsakes nor becomes forsaken. — (42)

 

Medhātithi’s commentary (manubhāṣya):

This verse enjoins solitude.

‘Alone’ — denotes the giving up of past acquaintances.

‘Without a companion’: — he shall not take with him even his former servant &c. It is only in this way that the man becomes free from friendship, hatred and love; and thus comes to look upon all things as equal. Otherwise, if a servant happen to be near him, he could have the notion that — ‘this man is mine, not that’; and this is the attachment that becomes the cause of bondage.

When he realises this, then he does not ‘forsake’ — no son or anybody else is ever forsaken, by him; and hence he himself also is not ‘forsaken’ — not separated from this son and others; i.e., he is not beset with the pain of separation from them. Otherwise — if there had been attachment — the giving up would cause great pain. In fact, for auch a man no one dies, nor does he die for any one. — (42).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 953), which explains ‘siddhim na jahāti’ as ‘he is not abandoned by success’; — and in Parāśaramādhava (Ācāra, p. 557), which adds the following explanation: — Coming to the conclusion that when a man moves about alone, without a companion, he is free from any such obstacles as attachment aversion and the like, and thus becomes enabled to attain ‘success’ in the shape of True Knowledge; — i.e., he acts without shackles towards its attainment; and of that success lie is not deprived, i.e., he attains it. If, on the other hand, he moves about with two or three companions, then he becomes liable to attachment and aversion, and by reason of these obstacles, he fails to attain that success.

 

Comparative notes by various authors:

Mahābhārata (12.245.4-5). — (Same as Manu.)

Yājñavalkya (3.5). — (See under 41.)

 

 

VERSE 6.43

Section VI - Procedure of going forth as a Wandering Mendicant

 

अनग्निरनिकेतः स्याद् ग्राममन्नार्थमाश्रयेत् ।
उपेक्षकोऽसङ्कुसुको मुनिर्भावसमाहितः ॥४३॥

anagniraniketaḥ syād grāmamannārthamāśrayet |
upekṣako'saṅkusuko munirbhāvasamāhitaḥ ||43||

 

He shall be without fires and without home; he may go to a village for food; — disinterested, steady, silent and calmly-disposed. — (43).

 

Medhātithi’s commentary (manubhāṣya):

The abandoning of the Śrauta fires has been mentioned before; this verse speaks of the abandoning of the domestic fire. Or tins may be taken as forbidding the act of cooking, and of seeking for fuel for the fire required for the allaying of cold and such other purposes.

‘Niketa’ is home.

‘He may go’ — for one night — ‘to a village for food’; and having got what he needs, he should spend the rest of his time in the forest. This living in the village for a single night has been declared by Gautama. If the man happen to be near a village, then he shall enter it only for obtaining food; but if he happens to be far off from it, then he may dwell there for a single night, and pass on to the forest for the second.

‘Disinterested’; — he should not own his even such inanimate objects as the water-pot and the like. Or, it may mean that he shall not have recourse to any remedy for his bodily ailments.

Some people read ‘asaṅkusukaḥ’; — ‘saṅkusuka’ means fickle, unsteady; and the opposite of this denotes firmness of mind.

‘Silent’ — with the organ of speech under his full control

‘Calmly disposed’ — Calm in disposition; i.e., he shall give up all mental imaginings; he shall be calm by disposition not in mere speech (43).

 

Explanatory notes by Ganganath Jha:

‘Muniḥ’ — ‘with the organ of speech controlled’ (Medhātithi); — ‘meditating on Brahman’ (Kullūka).

This verse is quoted in Aparārka (p. 953).

 

Comparative notes by various authors:

Mahābhārata (12.245.5-6). — (Same as Manu, the third foot read as ‘aśvastana-vidhātā syāt.’)

Gautama (3.11, 14). — ‘The Renunciate shall not possess any store. He shall enter a village only for begging alms.’ Baudhāyana (2.11.16). — (See under 41.)

Āpastamba (2.21.10). — ‘He shall live without a tire, without a house, without pleasures, without protection. Remaining silent and uttering speech only on the occasion of the daily recitation of the Veda, begging only so much food in the village as will sustain his life, he shall wander about, caring neither for this world nor for the next.’

Vaśiṣṭha (10.6). — ‘The Renunciate sh all shave his head; he shall have no property, and no house.’

Viṣṇu (96.2). — ‘Having reposited the fires in himself, he should enter the village only for collecting alms.’

Yājñavalkya (3.57). — (See under 41.)

 

 

VERSE 6.44

Section VI - Procedure of going forth as a Wandering Mendicant

 

कपालं वृक्षमूलानि कुचेलमसहायता ।
समता चैव सर्वस्मिन्नेतत्मुक्तस्य लक्षणम् ॥४४॥

kapālaṃ vṛkṣamūlāni kucelamasahāyatā |
samatā caiva sarvasminnetatmuktasya lakṣaṇam ||44||

 

The potsherd, the roots of trees, coarse cloth, solitude, e quality towards all, — are the mark of the liberated man. — (44).

 

Medhātithi’s commentary (manubhāṣya):

The ‘potsherd’ — the broken jar — shall be his dish and his begging-bow; — The ‘roots of trees’ shall be his home.

‘Coarse cloth’ — Rough and torn pieces of doth.

‘Equality’ — towards the friend and the enemy, to one who is neither a friend nor an enemy, as well as towards himself.

‘Mark of the liberated person’. What this means is that to such a man liberation is quickly attained; not that the man becomes liberated by these alone. — (44).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 953); — and in Parāśaramādhava (Ācāra, p. 569).

 

Comparative notes by various authors:

Mahābhārata (12.245.7). — (Same as Manu, the second line being read as ‘Upekṣā sarvabhūtānāmetāvadbhikṣulakṣaṇam.’)

Gautama (3.18-19, 25). — ‘He shall wear a cloth just to cover his nakedness; an old rag, duly washed, say some. He shall not undertake anything for his spiritual or temporal welfare.’

Baudhāyana (2.11, 19, 21). — ‘He shall wear cloth just to cover his nakedness. He shall wear a dress dyed yellowish red.’

Do. (2.17.44). — ‘He should no longer wear any white dress.’

Āpastamba (2. 21.11). — ‘It is ordained that he shall wear clothes discarded by others.’

Vaśiṣṭha (10.9, 10, 13, 27). — ‘He should wear a single garment; or cover his body with a skin or with grass that has been nibbled at by the cow. He shall dwell at the extremity of the village, in a temple, or in an empty house, or at the root of a tree. He should not be crooked in bis ways; he should not observe the rules of impurity on account of deaths or births; he should not have a house; he should he of concentrated mind.’

Viṣṇu (96.10, 11). — ‘He must live in an empty house; or at the root of a tree.’

 

 

VERSE 6.45

Section VI - Procedure of going forth as a Wandering Mendicant

 

नाभिनन्देत मरणं नाभिनन्देत जीवितम् ।
कालमेव प्रतीक्षेत निर्वेशं भृतको यथा ॥४५॥

nābhinandeta maraṇaṃ nābhinandeta jīvitam |
kālameva pratīkṣeta nirveśaṃ bhṛtako yathā ||45||

 

He shall not rejoice at death; nor shall he rejoice at life; he shall await his time, just as the servant awaits the fulfilment of his contract — (45).

 

Medhātithi’s commentary (manubhāṣya):

This denotes freedom from troubles.

He shall not seek death; nor shall he seek life, for the purpose of acquiring more knowledge.

‘He shall await his time’. — He shall cultivate the habit of thinking ‘let anything happen at any time it may’.

‘Just as the servant waits for the fulfilness of his contract’ — ‘This work I have got to do for him during the day, — if I stop in the middle, I shall not obtain full wages’.

Worldliness having thus ceased, when the man’s body falls off, he attains Liberation, by this process and not by doing whatever he likes. — (45)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 953), which explains ‘nirveśam’ as ‘time limit’ — in Parāśaramādhava (Ācāra, p. 569); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 70a).

 

Comparative notes by various authors:

Mahābhārata (12.245.15). — (Same as Manu, reading ‘nideśam’ for ‘nirveśam.’)

Viṣṇu (96.18) — ‘He must neither wish for death nor for life.’

 

 

VERSE 6.46

Section VI - Procedure of going forth as a Wandering Mendicant

 

दृष्टिपूतं न्यसेत् पादं वस्त्रपूतं जलं पिबेत् ।
सत्यपूतां वदेद् वाचं मनःपूतं समाचरेत् ॥४६॥

dṛṣṭipūtaṃ nyaset pādaṃ vastrapūtaṃ jalaṃ pibet |
satyapūtāṃ vaded vācaṃ manaḥpūtaṃ samācaret ||46||

 

He shall place his foot sight-purified, drink water cloth-clarified, utter speech truth-sanctified and act with pure mind — (46).

 

Medhātithi’s commentary (manubhāṣya):

Having looked over the path with the eye, he should place his foot on a spot where there may be no animals to suffer from his tread.

It being already known that one should tell the truth, the term ‘pūta’, ‘sanctified’, is meant to show that the term ‘satya’, ‘truth’, is purely indicative; hence there is nothing incongruous in this.

One shall always remain pure in his mind; i.e. he shall not even think of possessing what belongs to another and so forth. — (46)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 953); — and in Parāśaramādhava (Ācāra, p. 569).

 

Comparative notes by various authors:

Baudhāyana (2.11.25, 24). — ‘He shall perform the necessary purifications with water which has been taken out and has been strained. He shall carry a cloth for straining water for the sake of purifications.’

Do. (2-17.43). — ‘He shall not sip water which has not been drawn up, which has not been strained and which has not been thoroughly cleansed.’

Do. (2.18.2). — ‘Abstention from injuring living beings, truthfulness, abstention from appropriating the property of others, continence and liberality.’

Viṣṇu (96.14-17). — ‘He must set down his feet purified by looking down: he must drink water purified (by straining) with a cloth; he must utter speech purified by truth; ho must perform acts purified by his mind.’

 

 

VERSE 6.47

Section VI - Procedure of going forth as a Wandering Mendicant

 

अतिवादांस्तितिक्षेत नावमन्येत कं चन ।
न चैमं देहमाश्रित्य वैरं कुर्वीत केन चित् ॥४७॥

ativādāṃstitikṣeta nāvamanyeta kaṃ cana |
na caimaṃ dehamāśritya vairaṃ kurvīta kena cit ||47||

 

He shall patiently bear improper words, and shall not insult anyone; and he shall not make enmity with any one, for the sake of his present body — (47).

 

Medhātithi’s commentary (manubhāṣya):

When one speaks in a manner contrary to the scriptures, his words are called ‘improper’ — i.e. hard, disagreeable taunts; — these he shall ‘bear patiently’ — i.e. tolerate, not answer back. In fact, he shall not bear ill-will even in his mind; what is implied by the direction is that ‘on being cursed he shall pronounce a blessing,” which forbids even mental perturbation; and it does not mean that he shall actually ask the man — ‘is it well with you?’ Because if he spoke thus (and bore anger in his mind) he would be a liar, saying one thing and thinking of another.

‘He shall not insult’ — shall not show disrespect towards — any one. That is, he shall not omit to show respect to his elders.

‘For the sake of his present body;’ — i.e. if some one were to strike his body — ‘he shall not make enmity with him.’ He is to think all the time in the following strain — ? what would it matter whether this body perished or not, I may have an effulgent body.’ — (47).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 953); — in Parāśaramādhava (Ācāra, p. 569); — and in Yatidharmasaṅgraha (p. 107).

 

Comparative notes by various authors:

Mahābhārata (12.278.6) — (Reproduces the first half of Manu). — ‘When angry, he should speak gently; when abused, he should speak in an agreeable manner.’

Gautama (3.24). — ‘He shall be indifferent towards all creatures, and to an injury or to a kindness.’

Baudhāyana (2.11.23). — ‘With the three means of punishment, — word, thought and action, — he shall not injure created beings.’

Vaśiṣṭha (10.29). — ‘He shall he utterly indifferent, avoiding injury and kindness towards living beings.’

Viṣṇu (96.19, 29, 23). — ‘He must hear abuse patiently; — he must treat no one with contempt. Should one man chop his one arm with an axe, and another sprinkle his other arm with sandal, he must neither curse the one in his mind, nor bless the other.’

 

 

VERSE 6.48

Section VI - Procedure of going forth as a Wandering Mendicant

 

क्रुद्ध्यन्तं न प्रतिक्रुध्येदाक्रुष्टः कुशलं वदेत् ।
सप्तद्वारावकीर्णां च न वाचमनृतां वदेत् ॥४८॥

kruddhyantaṃ na pratikrudhyedākruṣṭaḥ kuśalaṃ vadet |
saptadvārāvakīrṇāṃ ca na vācamanṛtāṃ vadet ||48||

 

Towards an angry man he shall not retort in anger; when he is cursed, he shall pronounce a blessing; and he shall not utter an untrue word, spreading over the seven openings. — (48).

 

Medhātithi’s commentary (manubhāṣya):

‘Seven openings’ — (1) Duty and wealth, (2) duty and pleasure, (3) wealth and pleasure, (4) pleasure and wealth, (5) pleasure and duty, (6) wealth and duty, and (7) wealth — pleasure — duty. He shall not utter an untrue word spreading over all these. All these are based upon notions of diversity; and all diversity is untrue; hence the word relating to these is called ‘untrue’.

The sense is that the man shall speak only such words as pertain to Liberation.

Or, the ‘seven openings’ may stand for the seven breaths in the head; and these are the ‘openings’ of speech. Or, it may stand for the six sense-organs and Intellect as the seventh. It is only when objects have been perceived by means of these that words speak of them. Others explain that the ‘seven openings’ stand for the seven declensional terminations. — (48).

 

Explanatory notes by Ganganath Jha:

‘Saptadvāra’ — (a) (1) Dharma-Artha, (2) Dharma-Kāma, (3) Artha-Kama, (4) Kāma-Artha, (5) Kāma-Dharma, (6) Artha-Dharma, (7) Dharma-Artha-Kāma; — or (b) The seven life-breath in the head; — or (d) ‘the six sense-organs and Buddhi’ (Medhātithi); — Kullūka has only (c); — ‘the five senses, mind and Ahaṅkāra’ (Nārāyaṇa); — Govindarāja has (a) only; — ‘seven worlds’ (mentioned by Kullūka).

This verse is quoted in Aparārka (p. 954), which, reading na vācam samudīrayet (for na vācamanṛtam vadet) explains this much misunderstood second line as — he should not utter words vitiated by (1) desire, (2) anger, (3) greed, (4) delusion, (5) arrogance, (6) jealousy and (7) vanity.

This verse is quoted also in Parāśaramādhava (Ācāra, p. 569).

 

Comparative notes by various authors:

Mahābhārata (12.278.6). — (See under 47.)

Baudhāyana (2.18, 3). — ‘There are five minor vows — to abstain from anger, to obey the teacher, to avoid rashness, to observe cleanliness and to observe purity in eating.’

 

 

VERSE 6.49

Section VI - Procedure of going forth as a Wandering Mendicant

 

अध्यात्मरतिरासीनो निरपेक्षो निरामिषः ।
आत्मनैव सहायेन सुखार्थी विचरेदिह ॥४९॥

adhyātmaratirāsīno nirapekṣo nirāmiṣaḥ |
ātmanaiva sahāyena sukhārthī vicarediha ||49||

 

Centered in spirituality, disinterested, free from longings, with himself as his sole companion, he shall wander forth in the world, seeking bliss. — (49).

 

Medhātithi’s commentary (manubhāṣya):

‘Spirituality’ — disposition to concentrate one’s attention upon the quest for the true nature of the self; — ‘centered’ — always thinking of it, he shall remain.

‘Disintrested;’ — this re-iterates what has been already said before regarding his not caring for the due fulfilment of Dharma and other things.

‘Nirāmiṣaḥ’ — free from longings. Flesh is ‘āmiṣa’, which indicates (figuratively) longing, by reason of the fact that living beings have a great liking for flesh; and this longing is forbidden.

All the rest has already been explained before. — (49).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 954); — and in Parāśaramādhava (Āchāra, p. 569).

 

Comparative notes by various authors:

Mahābhārata (12.330.30). — (Same as Manu, the last foot being read as ‘yaścaret sa sukhī bhavet.’)

Āpastamba (2.21.13). — ‘Abandoning truth and falsehood, pleasure and pain, the Vedas, this world and the next, he shall seek the Ātman.’

Vaśiṣṭha (10.17, 20). — ‘Freedom from future births is certain for him who constantly dwells in the forest, who has subdued his organs of sensation and action, who has renounced all sensual gratification, whose mind is fixed in meditation on the Supreme Spirit, and who is indifferent (to all things).’

 

 

VERSE 6.50

Section VI - Procedure of going forth as a Wandering Mendicant

 

न चोत्पातनिमित्ताभ्यां न नक्षत्राङ्गविद्यया ।
नानुशासनवादाभ्यां भिक्षां लिप्सेत कर्हि चित् ॥५०॥

na cotpātanimittābhyāṃ na nakṣatrāṅgavidyayā |
nānuśāsanavādābhyāṃ bhikṣāṃ lipseta karhi cit ||50||

 

He shall never obtain alms either by means of prodigies and portents, or by means of the science of astrology and palmistry, or by means of counsel and discussion. — (50)

 

Medhātithi’s commentary (manubhāṣya):

‘Prodigies’ — appearing in the heaven, in the atmosphere and on the earth, e.g., eclipess, the appearance of particular planets, the appearance of a comet, reddening of the atmosphere, earthquake and so forth. The man shall not go about describing the probable effects of these, for the purpose of obtaining alms.

‘Portents’ — the evil effects of planetary aspects.

‘Science of astrology’ — the science which enables one to say — ‘To-day the moon is in the asterism of Kṛttikā, which is fit for starting on a journey and so forth.

‘Science of palmistry’ — which describes the effect of marks in the palms and other parts of the body.

‘Counsel’ — offering advice to the King and his subjects, — in such form as ‘It is right to act in this manner, — make peace with this King — declare war with that — why did you do this? — why don’t you do this?’

‘Discussion’ — the urging of arguments in sheer arrogance, for and against certain doctrines in regard to which there is difference of opinion. — (50)

 

Explanatory notes by Ganganath Jha:

‘Nakṣatrāṅgavidyā’ — ‘Astrology and Palmistry’ (Medhātithi and Kullūka); — ‘Astrology and the Science of Grammar and other Vedic Subsidiaries’ (Nārāyaṇa); — ‘Astrology’ (Govindarāja).

‘Anuśāsana’ — ‘Offering advice’ (Medhātithi, Govindarāja, Kullūka, and Rāghavānanda); — ‘teaching of the Veda’ (Nārāyaṇa and Nandana).

‘Vāda’ — ‘Disputation’ (Medhātithi and Nārāyaṇa); — Exposition of the Śāstras’ (Govindarāja and Kullūka); — ‘Science of Dialectics’ (Nandana and Rāghavānanda).

Buhler remarks — “This verse is historically important, as it shows that in ancient as in modern times, ascetics followed worldly pursuits and were the teachers and advisers of the people”.

This verse is quoted in Yatidharmasaṅgraha (p. 86).

 

Comparative notes by various authors:

Vaśiṣṭha (10.21). — ‘Neither by explaining prodigies and omens, nor by skill in astrology and palmistry, nor by casuistry and expositions, shall he ever seek to obtain alms.’

 

 

VERSE 6.51

Section VI - Procedure of going forth as a Wandering Mendicant

 

न तापसैर्ब्राह्मणैर्वा वयोभिरपि वा श्वभिः ।
आकीर्णं भिक्षुकैर्वाऽन्यैरगारमुपसंव्रजेत् ॥५१॥

na tāpasairbrāhmaṇairvā vayobhirapi vā śvabhiḥ |
ākīrṇaṃ bhikṣukairvā'nyairagāramupasaṃvrajet ||51||

 

He shall not go near a house that is filled by hermits, brāhmaṇas, birds, dogs or other mendicants — (51)

 

Medhātithi’s commentary (manubhāṣya):

‘Filled’ — where many people have collected for the purpose of obtaining food, — to such a place he shall not go for alms. — (51)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā on (3.59).

 

Comparative notes by various authors:

Viṣṇu (96.5). — ‘He must not beg of another Renunciate.’

Yājñavalkya (3.58). — ‘Having gone forth as a Renunciate, he shall be devoted to the well-being of all creatures; calm, carrying three staves and the water-pot, lonely, — and have recourse to the village only for alms.’

 

 

VERSE 6.52

Section VI - Procedure of going forth as a Wandering Mendicant

 

कॢप्तकेशनखश्मश्रुः पात्री दण्डी कुसुम्भवान् ।
विचरेन्नियतो नित्यं सर्वभूतान्यपीडयन् ॥५२॥

kḷptakeśanakhaśmaśruḥ pātrī daṇḍī kusumbhavān |
vicarenniyato nityaṃ sarvabhūtānyapīḍayan ||52||

 

His hair, nails and beard clipped, equipped with vessels, staffs and water-pot, he shall constantly wander about, self-controlled and not causing pain to any living brings. — (52)

 

Medhātithi’s commentary (manubhāṣya):

‘Vessels’ — to be described later on.

‘Staffs’ — three; the Renunciate being required to carry three staffs.

‘Kusumbha’ — is water-pot, not the colouring substance.

What is said in the second half of the verse has been already said before. (52)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 954); — in Parāśaramādhava (Ācāra, p. 569).

 

Comparative notes by various authors:

Gautama (3.22). — ‘He may either shave or wear a lock on the crown of the head.’

Baudhāyana (2.11.18). — ‘He shall shave his hair excepting the top-lock.’

Do. (2.17.10, 11). — ‘Alter having caused the hair of his head, his beard, the hair on his body, and his nails to be cut, he prepares — sticks, a rope, a cloth for straining water, a water-vessel and an alms-bowl.’

Vaśiṣṭha (10.6). — ‘He shall shave; and have no property or home.’

Yājñavalkya (3.58). — ‘Having gone forth as a Renunciate, he shall be devoted to the well-being of all creatures, calm, shall carry three staves and a water-pot, living all alone by himself; and he shall approach the village only for alms.’

 

 

VERSE 6.53

Section VI - Procedure of going forth as a Wandering Mendicant

 

अतैजसानि पात्राणि तस्य स्युर्निर्व्रणानि च ।
तेषामद्भिः स्मृतं शौचं चमसानामिवाध्वरे ॥५३॥

ataijasāni pātrāṇi tasya syurnirvraṇāni ca |
teṣāmadbhiḥ smṛtaṃ śaucaṃ camasānāmivādhvare ||53||

 

His vessels shall be non-metallic and free from holes; the cleansing of there has been ordained to be done by water, just like that of the vessels at a sacrifice. — (53)

 

Medhātithi’s commentary (manubhāṣya):

‘Non-metallic — His vessels for carrying food or water shall not be made of gold or other metals.

‘Free from holes’ — not having any holes etc.,

These are cleansed, like the sacrificial vessels, by means of water alone; but only when they are not stained; if there are stained, these should be removed by the use of other (cleaning) substances also. (53)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava, (Ācāra, p. 567); — in Mitākṣarā (on 3.60), which remarks that the citing of the instance of ‘Cups at the sacrifice’ indicates that the vessels may be considered pure for practical purposes; — in Āparārka, (p. 964); — in Madanapārijāta, (p. 377); — in Nṛsiṃhaprasādā, (Saṃskāra, p. 70b); — and in Yatidharmasaṅgraha, (p. 78), which shows that the example of ‘chamasa’ indicates that the things are ‘clean’ only so far as to be used.

 

Comparative notes by various authors:

(verses 6.53-54)

Viṣṇu (96.7, 8). — ‘He should receive food in an earthen vessel, or in a wooden bowl, or in a vessel made of gourd; he should cleanse these vessels with water.’

Yājñavalkya (3.60). — ‘The vessels for the Renunciate are those made of clay, bamboo, wood and gourd; the cleansing of these is by means of water and scrubbing with cow’s hair.’

Hārīta (Aparārka, p. 964). — ‘He shall have for his vessels either his hand only, or those made of clay or wood or bamboo-chips or gourd or torn leaves; holding these he shall enter the village for alms.’

Śaṅkha-Likhita (Do., p. 965) — ‘The begging-bowl shall he one only, made of either wood or gourd or bamboo-chips or clay. The cleansing of this is to he done each time by scrubbing it with a rope made of cow’s hair and water.’

Nṛsiṃhapurāṇa (Do.). — ‘He shall eat in a leaf-bowl or in a leaf-vessel; but never in the leaves of Vaṭa or Aśvattha, or

Kumbhī or Tinduka... Renunciates eating out of a vessel made of bell-metal are declared to be unclean.’

Yama (Parāśaramādhava, p. 567). — ‘Vessels made of gold or iron are not for Renun dates; the Renunciate should avoid these.’

Baudhāyana (Do.). — ‘He shall eat in leaves picked and split by himself; never in the leaves of the Vaṭa or Aśvattha or Karañja or Kumbhī or Tinduka or Kobidāra or Arka; never, even in distress, in a vessel made of bell-metal, or gold or silver or copper or tin or zinc.’

 

 

VERSE 6.54

Section VI - Procedure of going forth as a Wandering Mendicant

 

अलाबुं दारुपात्रं च मृण्मयं वैदलं तथा ।
एताणि यतिपात्राणि मनुः स्वायम्भुवोऽब्रवीत् ॥५४॥

alābuṃ dārupātraṃ ca mṛṇmayaṃ vaidalaṃ tathā |
etāṇi yatipātrāṇi manuḥ svāyambhuvo'bravīt ||54||

 

Manu, the son of Svayambhu, has declared that the vessels of the renunciate shall be a gourd, a vessel of wood or of earthenware, or of splits. (54)

 

Medhātithi’s commentary (manubhāṣya):

‘Splits’ — i.e., of cane, or bamboo or such other split things.

‘Vessels of the Renunciate’ — for carrying food and water. (54)

 

Explanatory notes by Ganganath Jha:

Hopkins is not right in saying that “Medhātithi has no note on this verse.” (See Translation).

‘Vaidalam’ — ‘Made of bamboo and such other things’ (Medhātithi); — ‘made of tree-bark’ (Govindarāja).

 

Comparative notes by various authors:

(verses 6.53-54)

See Comparative notes for Verse 6.53.

 

 

VERSE 6.55

Section VI - Procedure of going forth as a Wandering Mendicant

 

एककालं चरेद् भैक्षं न प्रसज्जेत विस्तरे ।
भैक्षे प्रसक्तो हि यतिर्विषयेष्वपि सज्जति ॥५५॥

ekakālaṃ cared bhaikṣaṃ na prasajjeta vistare |
bhaikṣe prasakto hi yatirviṣayeṣvapi sajjati ||55||

 

He shall go for alms only once, and shall not seek for a large quantity; because the renunciate who becomes addicted to collecting alms becomes attached to sensual objects also. — (55)

 

Medhātithi’s commentary (manubhāṣya):

What is laid down here is that the man shall eat once, this being the purpose of the alms; it does not mean that he shall go to beg only once. What is intended here is the prohibition of eating twice; that is, the man, having gone for alms once, shall not save out of it for eating again. It is with a view to this that we have the prohibition of eating. It is for this reason that the text adds ‘he shall not seek for a large quantity;’ Seeking for a large quantity can only be for the purpose of eating again and again; specially because for one who delights in solitude, large quantities of food would not be wanted for the sake of servants and other dependents. By supplying a reason for what is laid down, the text implies that even at a single meal the man shall not eat too much. — (55)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.59); — in Parāśaramādhava, (Ācāra, p. 562); — in Madanapārijāta, p. 375); — and in Yatidharmasaṅgraha (p. 85).

 

Comparative notes by various authors:

Baudhāyana (2.18.12, 13). — ‘He shall eat food given without asking, regarding which nothing has been stipulated beforehand, and which has reached him accidentally; so much only as is sufficient to sustain life.’ They quote also — “Eight mouthfuls make the meal of a Renunciate, etc.”

Vaśiṣṭha (10.7). — ‘He shall heg food at seven houses which he has not selected beforehand.’

Vaśiṣṭha (10.24, 25). — ‘In the morning and in the evening, he may eat as much as he obtains from the house of one Brāhmaṇa, — excepting honey and meat; and he shall never eat to satiation.’

Viṣṇu (96.3). — ‘He should beg food at seven houses.’ Yājñavalkya (3.59). — ‘In the evening he shall beg alms, unrecognised and with due respect, in a village where there are no mendicants, — only so much as may suffice for sustaining life, and he shall never hanker after it.’

Saṃvarta (Aparārka, p. 963). — ‘Having obtained eight alms, or seven, or ñve, — he shall wash it all with water and then eat it.’

Yama (Do.) — ‘Living on alms, celibate, he shall not confine his food-begging to any single house.’

 

 

VERSE 6.56

Section VI - Procedure of going forth as a Wandering Mendicant

 

विधूमे सन्नमुसले व्यङ्गारे भुक्तवज्जने ।
वृत्ते शरावसम्पाते भिक्षां नित्यं यतिश्चरेत् ॥५६॥

vidhūme sannamusale vyaṅgāre bhuktavajjane |
vṛtte śarāvasampāte bhikṣāṃ nityaṃ yatiścaret ||56||

 

The renunciate shall go for begging alms at a time when there is no smoke issuing, when the pestle has ceased to ply, when fire embers have been extinguished, when people have eaten, and when the removal of the dishes has been finished. — (56)

 

Medhātithi’s commentary (manubhāṣya):

That time at which people have already eaten. Similarly with the other epithets, ‘Vidhūme’ and the rest.

‘Removal of the dishes,’ — the throwing away of the dishes in which people have taken their food; when this has been finished.

From all this what follows is that he shall beg for food after the first occasion for the giving of alms, during the first instalment of the cooking, has passed away.

‘When there ie no smoke’ etc., indicate the impossibility of the cooking being done again.

When the pestles have ‘ceased to ply’ — i.e., kept aside. — (56)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.59); — in Madanapārijāta (p. 375); — in Parāśaramādhava (Ācāra, p. 562); — and in Saṃskāramayūkha (p. 135).

 

Comparative notes by various authors:

Gautama (3-15). — ‘He shall beg late, without returning twice to the same house.’

Baudhāyana (2.11-22). — ‘He shall go to beg when the pestle lies motionless, when the embers have been extinguished and when the cleaning of the vessels has been finished.’

Baudhāyana (2.18.4-6). — ‘Now follows the rule for begging. He shall beg of Brāhmaṇas with houses (Śāliṇa) and those who lead a wandering life ( ), after they have finished their Vaiśvadeva-offerings. He shall beg it prefacing with the term Bhavat; he shall stand hogging no longer than the time required for milking a cow.’

Vaśiṣṭha (10.7, 8). — ‘Ho shall heg food at seven houses, which he has not selected beforehand, — at the time when the smoke of the kitchen fire has ceased and the pestle lies motionless.’

Viṣṇu (96.6). — ‘He shall beg food from a house after the servants of the house have had their meal and when the dishes have been removed.’

Yājñavalkya (3.59). — (See under 55.)

Yama (Parāśaramādhava, p. 563). — ‘Pure and with speech in check, he shall beg for pure food daily in the evening.’

 

 

VERSE 6.57

Section VI - Procedure of going forth as a Wandering Mendicant

 

अलाभे न विषदी स्यात्लाभे चैव न हर्षयेत् ।
प्राणयात्रिकमात्रः स्यात्मात्रासङ्गाद् विनिर्गतः ॥५७॥

alābhe na viṣadī syātlābhe caiva na harṣayet |
prāṇayātrikamātraḥ syātmātrāsaṅgād vinirgataḥ ||57||

 

He shall not be sorry at not obtaining alms; nor shall he rejoice at obtaining it; he shall have only what suffices to sustain his life, and be free from all attachment to his accessories. — (57)

 

Medhātithi’s commentary (manubhāṣya):

If at the stated time he should fail to obtain food, he shall not be ‘sorry,’ dejected in mind. He shall not allow grief or joy to overtake him at failing or succeeding to obtain food.

‘What suffices to sustain his life.’ — This indicates the quantity of food to be begged. What this implies is that in the event of his failing to obtain alms, he shall sustain his life by such fruits, roots and water as do not belong to another person.

‘Accessories’ — vessels, staff and so forth; — ‘attachment to these’ — i. e., making special efforts to obtain them; — from this he should he ‘free’; that is he shall harbour no longings. — (57)

 

Explanatory notes by Ganganath Jha:

‘Mātrā’ — ‘Implements, vessels, staff and so forth’ (Medhātithi, Govindarāja and Kullūka); — ‘portion, mouthful’ (Nārāyaṇa and Nandana).

This verse is quoted in Aparārka, (p. 963), which explains ‘mātrā’ as ‘upakaraṇadravyam, accessories’; — and in Parāśaramādhava (Ācāra, p. 563), which explains ‘mātrā’ etymologically as ‘mīyante iti’, as meaning ‘objects’; since he is free from attachment to all objects, therefore he should be neither glad at getting them nor sorry at not getting them.

 

Comparative notes by various authors:

Mahābhārata (12.278.10). — ‘He shall have only as much as would sustain his life, and should not care for the obtaining of vessels; he should not be aggrieved when ho fails to obtain things, nor should he exult at obtaining them.’

Vaśiṣṭha (10-22). — ‘He should not be dejected when he obtains nothing, nor glad when he receives something. He should seek only as much as will sustain life, without caring for property.’

Viṣṇu (96.4). — ‘If he does not get alms, he must not be sorry.’

 

 

VERSE 6.58

Section VI - Procedure of going forth as a Wandering Mendicant

 

अभिपूजितलाभांस्तु जुगुप्सेतैव सर्वशः ।
अभिपूजितलाभैश्च यतिर्मुक्तोऽपि बध्यते ॥५८॥

abhipūjitalābhāṃstu jugupsetaiva sarvaśaḥ |
abhipūjitalābhaiśca yatirmukto'pi badhyate ||58||

 

He shall disdain all honorific presents; by honorific presents the Renunciate, even though liberated, becomes fettered — (58).

 

Medhātithi’s commentary (manubhāṣya):

‘Honorific presents’ — what is given after due honouring; — this he shall‘disdain’ — deprecate, shun; and what is deprecated he shall not do.

‘All’ — at all times; not even for a single day he shall accept such an aims.

The second half of the verse is a purely laudatory exaggeration; in reality one who has been liberated can never be‘fettered’ again. — (58).

 

Comparative notes by various authors:

Mahābhārata (12.279.11). — ‘He should not seek to acquire things that are sought for by all men; nor shall he enjoy what is given to him through humble salutations; he shall always disdain such acquisitions.’

Viṣṇu (96.9). — ‘He must shun food obtained by humble salutation.’

 

 

VERSE 6.59

Section VI - Procedure of going forth as a Wandering Mendicant

 

अल्पान्नाभ्यवहारेण रहःस्थानासनेन च ।
ह्रियमाणानि विषयैरिन्द्रियाणि निवर्तयेत् ॥५९॥

alpānnābhyavahāreṇa rahaḥsthānāsanena ca |
hriyamāṇāni viṣayairindriyāṇi nivartayet ||59||

 

By eating little food and by standing and sitting in solitude, he shall restrain his senses, when attracted by sensual objects. — (59).

 

Medhātithi’s commentary (manubhāṣya):

‘In solitude’ — in a place devoid of people — he shall stand and sit.

This indicates that ‘subjugation of the senses’ is the result of living in solitude. Or, it may be taken to be indicative of freedom from curiosity.

He shall not stay even for a moment at a place where large number of people, men and women, with various kinds of dress and ornaments, congregate. — (59)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 954); — in Parāśaramādhava, (Ācāra, p. 570); — and in Yatidharmasaṅgraha (p. 34).

 

Comparative notes by various authors:

Baudhāyana (2.18.10-13). — ‘Giving, compassionately, portions of the food to living beings and sprinkling the remainder with water, he shall eat it as if it were a medicine... He shall eat food, given without asking, regarding which nothing has been stipulated beforehand and which has reached him accidentally; so much only as is sufficient to sustain life They quote the following: — “Eight mouthfuls make the meal of a Renunciate, etc., etc.”’

Vaśiṣṭha (10-25). — ‘He shall never eat to satiation.’

 

 

VERSE 6.60

Section VI - Procedure of going forth as a Wandering Mendicant

 

इन्द्रियाणां निरोधेन रागद्वेषक्षयेण च ।
अहिंसया च भूतानाममृतत्वाय कल्पते ॥६०॥

indriyāṇāṃ nirodhena rāgadveṣakṣayeṇa ca |
ahiṃsayā ca bhūtānāmamṛtatvāya kalpate ||60||

 

By the restraining of the senses, by the destruction of love and hatred, and by not injuring living beings, he becomes fit for immortality. — (60)

 

Medhātithi’s commentary (manubhāṣya):

‘Restraining’ — preventing from operating on their objects.

‘Becomes fit for immortality.’ — He is enabled to become immortal. This shows that what is mentioned here is as useful as self-knowledge itself. — (60)

 

Explanatory notes by Ganganath Jha:

This is quoted in Aparārka (p. 954); — in Parāśaramādhava (Ācāra, p. 370); — and in Yatidharmasaṅgraha (p. 34).

 

Comparative notes by various authors:

Baudhāyana (2.18.13). — ‘The following arc the vows for the Renunciate: — Abstention from injuring living beings, truthfulness, abstention from appropriating the property of others, continence and liberality. There are five minor vows: — viz., abstention from anger, obedience to the Teacher, avoidance of rashness, cleanliness and purity in eating.’

Yājñavalkya (3.61). — ‘Having controlled the host of senses, having renounced love and hate, and having abandoned fear, the Brāhmaṇa becomes immortalised.’

Śruti (Aparārka, p. 966). — ‘When all the desires residing in his heart become abandoned, then the mortal becomes immortal and even in this world, attains Brahman.’

Smṛtyantara (Do.). — ‘The Brāhmaṇa or the Kṣatriya or the Vaiśya shall go forth from his house as a Renunciate, after he has wiped off the three debts and has become free from all notions of I and mine.’

 

 

VERSE 6.61

Section VI - Procedure of going forth as a Wandering Mendicant

 

अवेक्षेत गतीर्नॄणां कर्मदोषसमुद्भवाः ।
निरये चैव पतनं यातनाश्च यमक्षये ॥६१॥

avekṣeta gatīrnṝṇāṃ karmadoṣasamudbhavāḥ |
niraye caiva patanaṃ yātanāśca yamakṣaye ||61||

 

He should reflect upon the conditions of men, arising from the defects of their deeds, their falling into hell and their sufferings in the abode of the death-god. — (61)

 

Medhātithi’s commentary (manubhāṣya):

What is stated here is a mode of meditating upon the Supreme Truth, consisting in the noting of the fact that birth and rebirth abound in pain.

Finding that life in the world abounds in sufferings caused by the separation from friends, relations, sons and wife and the loss of wealth &c., how could the man voluntarily go on undergoing the physical troubles of wandering about, begging for alms and so forth?

The ‘conditions’ of men abound in pain and result from the defects of their actions, — from their doing what is forbidden; e.g., such acts as doing injury to living beings, stealing, adultery, cruelty, back-biting, improper intentions and so forth. Or ‘conditions’ may stand for what the man undergoes in the world of the living itself, — in the shape of sorrows resulting from poverty, disease, ill-treatment and so forth.

As regards the other world, there is ‘falling into hell’ — i.e., being born as worms and insects in places filled with urine, ordure and dirt &c.

‘Sufferings in the abode of the death-god’ — in the form of Kumbhīpāka and other hells.

Something more has to be reflected upon (and this is pointed out in the next verse). — (61)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 968), which explains ‘Yamakṣaye’ as ‘in Yama’s abode’; — and in Yatidharmasaṅgraha (p. 34).

 

Comparative notes by various authors:

Viṣṇu (96.36, 38). — ‘He shall reflect upon the anxieties arising in youth from not obtaining the objects of pleasure, and upon the abode in hells awarded as punishment for enjoying them after they have been obtained unlawfully; and on the fearful agonies of hell.’

Yājñavalkya (3.63, 64). — ‘He should reflect upon residence in the womb, as also the sufferings brought about by one’s own acts, mental agonies, physical ailments and other troubles, decrepitude, bodily deformities, birth and rebirth during thousands of lives, and vicissitudes of pleasure and pain.’

 

 

VERSE 6.62

Section VI - Procedure of going forth as a Wandering Mendicant

 

विप्रयोगं प्रियैश्चैव संयोगं च तथाऽप्रियैः ।
जरया चाभिभवनं व्याधिभिश्चोपपीडनम् ॥६२॥

viprayogaṃ priyaiścaiva saṃyogaṃ ca tathā'priyaiḥ |
jarayā cābhibhavanaṃ vyādhibhiścopapīḍanam ||62||

 

On the separation of loved ones and the meeting of hated persons; on being beset with decrepitude and suffering from diseases. — (62)

 

Medhātithi’s commentary (manubhāṣya):

The Accusative ending is due to the verse being construed along with the verb ‘should reflect’ (of the preceding verse.)

‘Loved ones’ — sons and other relations.

‘Separation’ — caused by their untimely death.

‘Hated persons’ — Enemies.

‘Meeting’ — in battle &c.

‘Decrepitude.’ — ‘Decrepitude’ is a peculiar state of the body during the fourth quarter of man’s age. — ‘Being beset having the shape of the body spoilt, feebleness, weakness of the senses, the advent of asthma and other diseases, being loved by none, being jeered at by all; — all this constitutes being ‘beset with decrepitude.’

‘Diseases’ — even before the advent of old age, some people are attacked by diseases. — (62)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 968); — and in Yatidharmasaṅgraha (p. 35).

 

Comparative notes by various authors:

Viṣṇu (96.27-29, 37). — ‘He shall reflect upon the destruction of beauty by old age, — and upon the pain arising from diseases — bodily, mental, or due to excesses, — and upon that arising from the five naturally inherent affections; on the union of those whom we hate, and the separation from those whom we love.’

Yājñavalkya (3.63.64). — (See under 61.)

 

 

VERSE 6.63

Section VI - Procedure of going forth as a Wandering Mendicant

 

देहादुत्क्रमणं चास्मात् पुनर्गर्भे च सम्भवम् ।
योनिकोटिसहस्रेषु सृतीश्चास्यान्तरात्मनः ॥६३॥

dehādutkramaṇaṃ cāsmāt punargarbhe ca sambhavam |
yonikoṭisahasreṣu sṛtīścāsyāntarātmanaḥ ||63||

 

There is for his Inner Soul departure from the body, then again birth in the womb, and transmigrations among millions of life-forms. — (63)

 

Medhātithi’s commentary (manubhāṣya):

There is ‘departure’ — going out — of the life-breaths; and this constitutes unbearable pain.

‘Birth in the womb’ — where there are several kinds of pain: the organs are not yet developed, the child in the womb is in utter darkness, and it also suffers from diseases, described in the medical science, as proceeding from the extremely cold and hot foods eaten by the mother in varying quantities.

‘Transmigrations’ — passing through — ‘among millions of life-forms’; — the soul being born in the bodies of lower animals, worms, insects, dogs and so forth.

Objection — “The Inner Soul is held to be omnipresent and eternal; how can there be any ‘departure’ for it, when it is present everywhere? how again can there be any ‘transmigration’ among life-forms? how too can there be any ‘birth’ for it when it is eternal?”

Our answer is as follows: — The theory of some people is that there lies within the body the ‘personality’ of the size of the thumb, composed of rudimentary substances, mind and intellect; and it is this personality that goes on being born during the entire series of births and deaths; and when this becomes endowed with a certain merit, the faculty of consciousness becomes manifested in it; and it is through this faculty that the qualities of the said Personality come to be attributed to the Inner Soul.

Or, the explanation may be that the inner soul is related to certain entities in the shape of the life-breath and so forth; and when these depart, the soul is said to ‘depart.’ Similarly with ‘birth.’

All this we shall explain again under Discourse XII and we need not prolong the discussion here. — (63)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 968); — and in Yatidharmasaṅgraha (p. 35).

 

Comparative notes by various authors:

Viṣṇu (96.39). — ‘On the agonies to be suffered in the passage of the soul through the bodies of animals and plants.’

Yājñavalkya (3.63, 64). — (See under 61.)

 

 

VERSE 6.64

Section VI - Procedure of going forth as a Wandering Mendicant

 

अधर्मप्रभवं चैव दुःखयोगं शरीरिणाम् ।
धर्मार्थप्रभवं चैव सुखसंयोगमक्षयम् ॥६४॥

adharmaprabhavaṃ caiva duḥkhayogaṃ śarīriṇām |
dharmārthaprabhavaṃ caiva sukhasaṃyogamakṣayam ||64||

 

On the infliction of pain upon living beings, caused by demerit; as also upon the imperishable union with happiness proceeding from the essence of merit. — (64)

 

Medhātithi’s commentary (manubhāṣya):

The ‘infliction’ — experiencing — ‘of pain’ proceeds from Demerit.

‘Merit’ — as described above, is an ‘artha’, an ‘entity’ and from this — entity, essence — proceeds ‘union with imperishable happiness’.

This also has to be reflected upon.

The meaning is that Renunciation constitutes the principal merit. — (64)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 968); — and in Yatidharmasaṅgraha (p. 35).

 

Comparative notes by various authors:

Viṣṇu (96.40-42). — ‘He shall reflect thus that there is no pleasure to bo met within this never-ceasing passage of the soul through mundane existence; and that even what is called pleasure, on account of the absence of pain, is of a transient nature; and that he who is unable to enjoy such pleasures, from sickness and other causes, or who is unable to procure them, suffers severe pangs.’

Yājñavalkya (3.63.64). — (See under 61.)

 

 

VERSE 6.65

Section VI - Procedure of going forth as a Wandering Mendicant

 

सूक्ष्मतां चान्ववेक्षेत योगेन परमात्मनः ।
देहेषु च समुत्पत्तिमुत्तमेष्वधमेषु च ॥६५॥

sūkṣmatāṃ cānvavekṣeta yogena paramātmanaḥ |
deheṣu ca samutpattimuttameṣvadhameṣu ca ||65||

 

By meditation he shall recognise the subtile character of the Higher Self, as also the possibility of its presence in all organisms, high and low. — (65)

 

Medhātithi’s commentary (manubhāṣya):

‘Meditation’ — steadiness of the functioning of the mind, as described by Patañjali. By means of that, ‘he shall recognise the subtile character’ of the conscious entity in the body, the soul; and he shall not look upon either the body etc. or the life-breath etc, as the ‘Soul,’ which latter is to be understood, by the help of intuition born of meditation, as something different from all external and internal things; — this is what is meant by the text. Of the Soul, there are no grosser manifestations. And just as he can realise the ‘possibility of its presence’ — in the higher organisms in the form of the bodies of the Gods and other such beings — i.e., the fact of its ensouling these bodies and pasting through experiences born therein, even though in reality it is omnipresent, — exactly in the same manner can one realise it also in the lower organisms, of lower animals, spirits, demons and so forth.

According to the philosophy of Monism, the souls in the organisms are only so many manifestations of the Supreme Self; and it is for this reason that the text has spoken of the man recognising the ‘t ransmigrations of the Higher Self.’ — (65)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Yatidharmasaṅgraha (p. 35).

 

Comparative notes by various authors:

Vaśiṣṭha (10.14). — ‘He shall constantly seek in his heart the knowledge of the Supreme Soul.’

Yājñavalkya (3.64). — ‘By contemplative meditation he shall seek to perceive the subtle soul residing within himself.’

 

 

VERSE 6.66

Section VI - Procedure of going forth as a Wandering Mendicant

 

दूषितोऽपि चरेद् धर्मं यत्र तत्राश्रमे रतः ।
समः सर्वेषु भूतेषु न लिङ्गं धर्मकारणम् ॥६६॥

dūṣito'pi cared dharmaṃ yatra tatrāśrame rataḥ |
samaḥ sarveṣu bhūteṣu na liṅgaṃ dharmakāraṇam ||66||

 

Even though he be adorned, the man should fulfil his duty, to whichever order he may belong. He should be equal to all beings; mere external marks are not conducive to merit. — (66)

 

Medhātithi’s commentary (manubhāṣya):

‘Adorned’ — with flowers, bracelets and other ornaments.

‘Duty’ — all that has been prescribed for the Renunciate, such as meditation on the Self and so forth, he shall perform with care. In fact one should perform the duties of that order to which he may belong.

One should not consider himself to have become a ‘Renunciate’ merely by wearing such external marks as the ‘three staffs’ and the like; in fact ‘he should be equal, to all beings’; — that is, he should, with care, eschew all love, hatred and greed.

By deprecating the external marks it is not meant that the man should wear ornaments. — (66)

 

Explanatory notes by Ganganath Jha:

Cf. 3.50 and 12.102.

This verse is quoted in Mitākṣarā (on 3.65); — and in Yatidharmasaṅgraha (p. 35), which reads bhūṣitaḥ’ for ‘dūṣitaḥ’, explains it as ‘adorned with the staff and other signs of the Remmciate’ and says that the particle ‘api’ implies that even when without these, he should meditate upon the identity of the individual and supreme selves.

 

Comparative notes by various authors:

(verses 6.66-67)

Vaśiṣṭha (10.18). — ‘He shall not wear any visible mark of his order, nor adopt any visible rules of conduct.’

Yājñavalkya (3.65). — ‘The mere adoption of any particular order is not a means of acquiring spiritual merit.’

 

 

VERSE 6.67

Section VI - Procedure of going forth as a Wandering Mendicant

 

फलं कतकवृक्षस्य यद्यप्यम्बुप्रसादकम् ।
न नामग्रहणादेव तस्य वारि प्रसीदति ॥६७॥

phalaṃ katakavṛkṣasya yadyapyambuprasādakam |
na nāmagrahaṇādeva tasya vāri prasīdati ||67||

 

Though the fruit of the Kataka tree clarifies water, yet water does not become clear by the mere mention of its name. — (67)

 

Medhātithi’s commentary (manubhāṣya):

When the fruit of the kataka tree is put in dirty water, the water becomes clarified, takes the clear form. But it does not become clear by the mere mention of the name of that fruit; it needs action. Similarly, the wearing of external marks is like the pronouncing of the name of the fruit; and success is attained, not by that wearing alone, but by the due fulfilment of such duties as ‘resting in solitude’, ‘meditation’, ‘equal-mindedness towards all beings’ and so forth.

This verse is a laudatory supplement to what has gone before. — (67)

 

Comparative notes by various authors:

(verses 6.66-67)

See Comparative notes for Verse 6.66.

 

 

VERSE 6.68

Section VI - Procedure of going forth as a Wandering Mendicant

 

संरक्षणार्थं जन्तूनां रात्रावहनि वा सदा ।
शरीरस्यात्यये चैव समीक्ष्य वसुधां चरेत् ॥६८॥

saṃrakṣaṇārthaṃ jantūnāṃ rātrāvahani vā sadā |
śarīrasyātyaye caiva samīkṣya vasudhāṃ caret ||68||

 

With a view to the safety of living beings, he shall always, during day and night, even during bodily illness, walk after having scanned the ground. — (68)

 

Medhātithi’s commentary (manubhāṣya):

This verse shows the necessity for what has been said above (46) regarding the treading on the ground ‘sight-purified.’

‘Even during bodily illness’ — when the body is suffering from some disease; — ‘during day and night’ — when the grass-bed has been spread for sleeping, he shall not lay down his body upon it without having carefully looked over it. The transgression of this rule involves the necessity of performing an expiatory rite.

Or, the text may be taken as referring to those minute animalcules that become attached to the man’s body and perish by the mere moving of the limbs. — (68)

 

Explanatory notes by Ganganath Jha:

Cf. 6.46.

This verse is quoted in Parāśaramādhava (Ācāra, p. 570.)

 

 

VERSE 6.69

Section VI - Procedure of going forth as a Wandering Mendicant

 

अह्ना रात्र्या च याञ्जन्तून् हिनस्त्यज्ञानतो यतिः ।
तेषां स्नात्वा विशुद्ध्यर्थं प्राणायामान् षडाचरेत् ॥६९॥

ahnā rātryā ca yāñjantūn hinastyajñānato yatiḥ |
teṣāṃ snātvā viśuddhyarthaṃ prāṇāyāmān ṣaḍācaret ||69||

 

By day and by night, if the Renunciate unintentionally injures some living creatures, he shall, for the purpose of expiating it, bathe and then perform six ‘breath-suspensions.’ — (69)

 

Medhātithi’s commentary (manubhāṣya):

‘Living creatures’ — here, should be understood as standing for minute animalcules; ‘for the expiation of the sin accruing from the injuring of these’; — such is the construction of the passage. — (69)

 

 

VERSE 6.70 [Means of Removing Sin (kilbiṣa)]

Section VII - Means of Removing Sin (kilbiṣa)

 

प्राणायामा ब्राह्मणस्य त्रयोऽपि विधिवत् कृताः ।
व्याहृतिप्रणवैर्युक्ता विज्ञेयं परमं तपः ॥७०॥

prāṇāyāmā brāhmaṇasya trayo'pi vidhivat kṛtāḥ |
vyāhṛtipraṇavairyuktā vijñeyaṃ paramaṃ tapaḥ ||70||

 

Even three ‘breath-suspensions,’ accompanied by the three ‘vyāhṛti’-syllables and the syllable ‘om’, when duly performed, should be regarded as the highest austerity for the Brāhmaṇa. — (70)

 

Medhātithi’s commentary (manubhāṣya):

By using the term ‘brāhmaṇa’ the text implies that what is mentioned constitutes the duty of the whole caste, and is not restricted to the Renunciate only.

‘Even three’ — more than three lead to more excellent results; three are absolutely necessary.

‘Vyāhṛti syllables’ — those mentioned under 2.81.

‘Praṇava’ — the syllable ‘om’.

The breath-suspensions are to be ‘accompanied by these’. — This indicates the duration of the breath-suspension.

These breath-suspensions are of three kinds, named ‘Kumbhaka’ (total suspension), ‘Pūraka’ (inhaling) and ‘Recaka’ (exhaling). The total suppression of air passing out of the mouth and the nostrils constitutes the (inhalation and suspension); and when the man does not inhale breath but continuously keeps on exhaling, it is called ‘Recaka exhalation.’ The exact duration of each of these has been described under Discourse II. Or, in view of its being spoken of as ‘austerity,’ it may be continued till it becomes actually painful. — (70)

 

Explanatory notes by Ganganath Jha:

Cf. 2.74.

This verse is quoted in Madanapārijāta (p. 68).

 

Comparative notes by various authors:

Vaśiṣṭha (10.5). — ‘The one syllable om is the best Veda; the suppression of breath is the highest austerity; living on alms is better than fasting; compassion is preferable to liberality.’

 

 

VERSE 6.71

Section VII - Means of Removing Sin (kilbiṣa)

 

दह्यन्ते ध्मायमानानां धातूनां हि यथा मलाः ।
तथेन्द्रियाणां दह्यन्ते दोषाः प्राणस्य निग्रहात् ॥७१॥

dahyante dhmāyamānānāṃ dhātūnāṃ hi yathā malāḥ |
tathendriyāṇāṃ dahyante doṣāḥ prāṇasya nigrahāt ||71||

 

Just as the impurities of metallic ores are consumed when they are blasted, even so are the taints of the senses consumed through the suspension of breath. — (71)

 

Medhātithi’s commentary (manubhāṣya):

When the ‘metallic ores,’ of gold for instance, are blasted in a furnace, what is left behind is pure gold; similarly when the senses apprehend their objects, the man feels joys and sorrows, and these are productive of sin; this sin is consumed through the suspension of breath.

For the man seeking Liberation, indulging in joys and griefs has been forbidden.

But even in a man who has given up all attachment, and has his organs under his control, these are bound to appear, in howsoever small a degree, through the sheer nature of things, whenever by chance various kinds of colour, sound &c. become presented before him. And it is for the removal of the taints due to these that breath-suspensions have to be practised. — (71)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.62); — and in Vidhānapārijāta (II. p. 176).

 

Comparative notes by various authors:

Vaśiṣṭha (25.6). — ‘Through the inhibition of breath air is generated; through air is produced fire; then through heat water is formed; hence one becomes internally purified by these three.’

Baudhāyana (4.1.24). — (Same as above from Vaśiṣṭha.)

 

 

VERSE 6.72

Section VII - Means of Removing Sin (kilbiṣa)

 

प्राणायामैर्दहेद् दोषान् धारणाभिश्च किल्बिषम् ।
प्रत्याहारेण संसर्गान् ध्यानेनानीश्वरान् गुणान् ॥७२॥

prāṇāyāmairdahed doṣān dhāraṇābhiśca kilbiṣam |
pratyāhāreṇa saṃsargān dhyānenānīśvarān guṇān ||72||

 

By means of ‘Breath-suspension’ he shall destroy the taints; and by means of ‘Concentration,’ all sin; all attachments by means of ‘Abstraction,’ and by means of ‘Contemplation,’ those attributes that are not independent. — (72)

 

Medhātithi’s commentary (manubhāṣya):

What is said here regarding Breath-suspension has already been indicated in the preceding verse.

But some people explain this verse to mean that ‘one shall destroy the taints’ — i.e., love, hatred &c.

But how can these latter be destroyed by means of Breath-suspension? What can be destroyed by it is sin (not love &c.), specially as it is sin only which has its origin as well as destruction both indicated in the scriptures, and hence imperceptible; while Love or Hatred and the rest are all directly perceptible; so that what destroys these, and what is destroyed by them, can also be learnt by perception, and not through the scriptures. If the scripture were to speak of the destroying of these, its meaning would be that ‘one should destroy these things, which are by their very nature, destructible’; — and what would be the authority attached to such a declaration? From all this it is clear that what is meant by the term ‘taint’ is the evil deed that proceeds from Love and the rest. And this is ‘destroyed’ by the destruction of its effects; because as for the act itself, it perishes by reason of its evanescent character. This is what is meant by ‘dāha’, ‘being consumed’, and not being actually burnt to ashes.

 

Thus the present verse is only a reiteration of what has gone before in the preceding verse.

‘By means of Concentration’ —

Objection — “‘Kilviṣa (Kilbiṣa)’ is sin, so is ‘doṣa’ also. Hence the words of the text should have been ‘by means of Breath-Suspension and Concentration he shall destroy all taints, doṣas’; and there would be no need of mentioning kilviṣa, sin, separately. Or, only ‘kilviṣa’, sin,’ need have been mentioned, and where was the need for mentioning ‘doṣa,’ ‘taint’, also?”

The explanation is as follows: — It is absolutely necessary to mention the ‘taint’, in order to show that what are destroyed by means of Breath-suspension are only particular kinds of sin, not all. The term ‘taint’ stands for Love and other like things; and hence the word can be rightly taken as figuratively indicating such sinful acts as are prompted by Love, Hatred &c., as has been already pointed out.

“If so, then, let the taint be mentioned, what is the use of mentioning the ‘kilviṣa,’ sin?”

No objection can be taken to it, as it is mentioned only for the purpose of filling up the metre. Further (the use of the second term gives the further meaning that) Breath-suspension is destructive of the sin accruing from the taints of Love &c., while Concentration stops the sin from arising at all.

“What is ‘Concentration’?”

By a longing for sensual objects and their enjoyment the mind is sometimes drawn away from the point where it may have been resting during the periods of quiescence, self-control and the like; and it is by means of ‘Concentration’ that it is concentrated, kept fixed on that same point. As a matter of fact, when one perceives brightness, charm, youth, shapeliness of the body and so forth in a woman, they give rise to his longing for her; all these details are apprehended by concrete perception; and all such perceptions are so many thoughts. Hence they can be counter-acted by counter-thoughts pertaining to the defects in the object perceived, — such as ‘her body is filled with urine and ordure,’ ‘the very object Woman consists of skin and bones; — fie upon the men that long for such a despicable object; — even the slight pleasure that she affords is momentary, and ultimately leads to terrible sufferings at the hands of the Death-god’. This is what is called ‘reflecting over’ the object. This reflection of the defects is what is spoken of below under verse 76.

The same method of reflection is to be employed regarding food and other objects of enjoyment. For instance — ‘all this — sugar, cakes, fresh butter, milk-rice and so forth — stands on the same footing as coarse food obtained in alms; there being no difference in their nutritive power; the slight difference in their taste that may be felt on the tip of the tongue, is felt for the infinitesimal part of a second, so that even this momentary taste is like the imaginary city. Similarly one may reflect upon the defects in the objects of touch; and so forth. This is what is taught io the present text (by the term ‘Concentration’).

Others offer the following explanation of the term ‘dhāraṇā’ of the text: — When a man by constant practice succeeds in concentrating his breath, moving along his mouth and nose, in the cavity of his heart, — this is what constitutes ‘Concentration’.

“In what way would this differ from Breath-suspension?”

The difference is that we have ‘concentration’ also when the breath is held up in such places as the arms, the forehead and the like; whereas in Breath-suspension there is always exhalation at the end.

Others again hold ‘Dhāraṇā’ Concentration to consist in the qualities of ‘Friendliness, Joyfulness, Pathos and Indifference.’ ‘Friendliness, Kindness, Joyousness and Indifference, towards all living beings, carry the contemplation to the regions of Brahman; and these constitute Dhāraṇā’. (says an old text.) — Here ‘friendliness’ stands for absence of hatred, and not friendly affection; as this latter would be of the nature of a hindrance; — ‘kindness’ is pity, a disposition of the mind; it consists in the longing to rescue a suffering person from suffering, and not the actual desisting from injuring, or conferring a benefit upon, others; it is in view of this that it has been described as a disposition of the mind, which should be practised — ‘joyousness’ also stands for absence of grief at suffering caused by disease, or at the fear of the sufferings of hell, and not for actual pleasure, as this would be conducive to attachment; — ‘indifference’ towards objects, favourable as well as unfavourable, is well known.

Or again, ‘concentration’ may be explained as consisting in fixing the mind on the inner cavity of the heart, in the process of meditating upon Brahman.

‘By Abstraction, all attachment: — ‘attachment’ here stands (or the connection of the senses with their objects and their being drawn towards them. This is destroyed by Abstraction; whereupon the senses become drawn off from the objects, or their attraction is obstructed. For instance, when one happens to see a bracelet or some such ornament, or a handsome woman, he shall not fix his eyes upon them, he shall move his eyes to something else; similarly with all the senses. In this manner the composure of the Yogin becomes unperturbed.

‘By means of Contemplation, those attributes that are not independent.’ The ‘attributes’ meant here are those of Harmony, Energy and Inertia; and these are ‘not independent,’ being subservient to something else, in the shape of Consciousness. Though the soul or person is free from pleasure &c., yet there appears in him the false notion ‘I am happy — I am unhappy’; though he is free from attributes, he identifies himself with them; — all this has got to be destroyed by contemplating upon the distinction between the Soul and the Attributes; that the distinction between the two has to be drawn in some such form as — ‘the Person, being of the nature of Consciousness is beyond Attributes, and it is Primordial matter that consists of the Attributes.’ — (72)

 

Explanatory notes by Ganganath Jha:

‘Anīśvarān guṇān’ — ‘The three attributes of the Root Evolvent i.e., Sattva, Rajas and Tamas; these are anīśvara, i.e., dependent (upon the Conscious Being) (Medhātithi); — ‘qualities of anger, greed etc., which are anīśvara, i.e., do not reside in God’ (Kullūka and Rāghavānanda) qualities opposed to virtue, knowledge, dispassion and power’ (Govindarāja).

This verse is quoted in Yatidharmasaṅgraha (p. 41), which says that what this verse mentions are ‘Yama — niyama — āsana — prāṇāyāma — pratyāhāra — dhāraṇā and dhyāna’, all the accessories of Yoga except ‘Samādhi,’ which have been described in the ordinances as the means of acquiring Right Knowledge.

 

Comparative notes by various authors:

Viṣṇu (96.24). — ‘He must constantly be intent upon suppressing his breath, upon retention of the image formed in his mind and upon meditation.’

 

 

VERSE 6.73

Section VII - Means of Removing Sin (kilbiṣa)

 

उच्चावचेषु भूतेषु दुर्ज्ञेयामकृतात्मभिः ।
ध्यानयोगेन सम्पश्येद् गतिमस्यान्तरात्मनः ॥७३॥

uccāvaceṣu bhūteṣu durjñeyāmakṛtātmabhiḥ |
dhyānayogena sampaśyed gatimasyāntarātmanaḥ ||73||

 

By the practice of meditation he shall recognise the presence of this Inner Soul in all beings, high and low, — which is difficult to understand by unregenerate people. — (73)

 

Medhātithi’s commentary (manubhāṣya):

Inner soul — the inner controlling personality ‘presence’ — character — should be recognised.

Notions of pleasure and pain appear not only among human beings but among all kinds of ‘beings, high and low’ — i.e., among animals, goblins, Piśācas &c. — there is the notion of ‘I’ and ‘mine’; and this has to be got rid of.

Or, the man may go on pondering over the following ideas — ‘This soul is omnipresent, higher than the sky, higher than heaven, higher than all these regions, having all happiness, all tastes, all odours, all touches; and yet he is beset with hunger and thirst; and in the midst of such pleasures and pains, he passes through the experiences of his physical body, known as the I; how wonderful is the power of actions, that even this all-pervading, all-embracing soul is made subservient to the actions! I shall never have recourse to these acts, which are like a wicked master. Like a hired servant I shall wait upon the acts (already done by me); as when a man enters a man’s service being urged to it by his need, thinking him to be kind, but soon finding out that he is difficult to please, irascible, given to beating, and harsh of speech, the man decides that he would not serve him any longer, after he has cleared off by service all that may have been advanced to him.’ The thought to be practised should be in the form — ‘I shall get to the end of my past acts by going through the experiences resulting from them, and shall perform no further acts’, and so forth. Similarly one should study the Vedānta, and having, with its help, discussed the question as to whether the embodied soul? are only manifestations of the Supreme Self or independent entities, and come to the conclusion that there is no soul apart from the Supreme Self, — he should ponder over this.

Others explain the text as follows: — ‘Dhyāna’ is Contemplation, and ‘Yoga’ is Meditation; and by means of these ‘he should recognise the presence of the Inner Soul’; and having recognised it, he should meditate upon it.

Or ‘Dhyāna-yoga’ may be explained as ‘yoga’, calmness of mind, for the purposes of‘dhyāna,’ contemplation; — having secured this calmness,‘he should recognise the presence of the Inner Soul’; i.e., by means of devout worship he shall realise its presence as equipped with the qualities of Immortality and the like, free from defects, as described in the Vedānta-texts.

‘Akṛtātman’ ‘unregenerate person’ is one whose ‘ātman’, soul, mind, is‘akṛta,’ untutored. By such persons the Inner Soul cannot be grasped. — (73)

 

Comparative notes by various authors:

Viṣṇu (96.25). — ‘He must reflect upon the transitoriness of the passage through mundane existence.’

 

 

VERSE 6.74

Section VII - Means of Removing Sin (kilbiṣa)

 

सम्यग्दर्शनसम्पन्नः कर्मभिर्न निबध्यते ।
दर्शनेन विहीनस्तु संसारं प्रतिपद्यते ॥७४॥

samyagdarśanasampannaḥ karmabhirna nibadhyate |
darśanena vihīnastu saṃsāraṃ pratipadyate ||74||

 

Equipped with true insight, he is no longer fettered by his acts; but destitute of insight, he falls into the cycle of births and deaths. — (74)

 

Medhātithi’s commentary (manubhāṣya):

This describes the result of what has been just enjoined.

‘True insight’ — true knowledge of the Self, just described; ‘equipped’ with this, — i.e., having obtained direct apprehension of it.

‘Is not fettered by acts’ — does not fall into the cycle of births and deaths; since the past acts have become exhausted on account of their effects having been already experienced, and no fresh acts are done.

This does not mean that Liberation is attained by mere knowledge.

He who is not endowed with the spiritual insight, taught in the Vedānta, and who is only given to the performance of acts, falls into the cycle of births and deaths. — (74)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Yatidharmasaṅgraha (p. 42).

 

Comparative notes by various authors:

(verses 6.74-75)

Āpastamba (2.21.14-16). — ‘Some say that he obtains liberation if he knows the Ātman; — but that opinion is opposed to the scriptures; if liberation were obtained by the knowledge of the Ātman alone, then he ought not to feel any pain even in this world.’

 

Yājñavalkya (3.66). — ‘Truthfulness, abstention from stealing and from anger, modesty, purity, discrimination, steadfastness, self-control, control over sense-organs and learning have been declared to be Universal Dharma.’

Kāmandaka (3.6). — ‘Harmlessness is the highest of all virtues, — such is the unanimous opinion of all living beings. Therefore with feelings of kindness shall the king protect his people.’

 

 

VERSE 6.75

Section VII - Means of Removing Sin (kilbiṣa)

 

अहिंसयेन्द्रियासङ्गैर्वैदिकैश्चैव कर्मभिः ।
तपसश्चरणैश्चौग्रैः साधयन्तीह तत्पदम् ॥७५॥

ahiṃsayendriyāsaṅgairvaidikaiścaiva karmabhiḥ |
tapasaścaraṇaiścaugraiḥ sādhayantīha tatpadam ||75||

 

By abstention from injuring, by the non-attachment of the senses, by the acts prescribed in the Veda, by the rigorous practising of austerities, they attain the position of That Being. — (75)

 

Medhātithi’s commentary (manubhāṣya):

These two verses are indicative of the doctrine that Liberation is attained by Knowledge and Action combined. The preceding verse spoke of Knowledge and the present one speaks of Action.

Question: — “What are those acts ‘prescribed in the Veda,’ whose result is here spoken of as the ‘attaining of the position of That Being’? As for the voluntary acts, the results of these are already mentioned in those very texts that enjoin the acts themselves; and if they were to assume results other than those, there would be carrying the matter to an absurd length; and it would give rise to the great evil that the results of the acts would become mixed up and confused. Further, since the injunctive text would have all its syntactical needs supplied by the mention of the single result, how could any connection be established between that text and the additional words that would have to be thrown in if we were to connect the acts with the further result of ‘attaining the position of That Being’? As a matter of fact, the needs of the injunction having been supplied by what is directly mentioned in the text, it does not stand in need of anything else.”

Our answer to the above is as follows: — In fact in the Esoteric Section (of the Veda) we have a distinct text to the effect that ‘one attains That by means of sacrifice.’ So that by a proper adjustment there would be both kinds of results accomplished by means of Action; and there would be nothing incongruous in all the voluntary acts leading to the more limited results, as also to the attainment of ‘the position of That Being’; as two distinct sacrifices performed at two different times would lead to two distinct results The present text moreover has not specified any particular sacrifice, which could justify the conclusion that th.e result here spoken proceeds from the obligatory acts, and not from the voluntary ones.

The following argument might be raised against us: — “In as much as no results have been spoken of in the Vedic texts regarding any results following from the obligatory acts, it is only right that what is mentioned in the present text should be connected with those acts, and not with the voluntary ones; because there would be no difficulty in connecting it with them; and what the Esoteric text just quoted has declared regarding ‘sacrifice’ leading to That would also be amply justified by this construction.”

Why should any importance be attached to the mention of results in Vedic texts? Vedic Texts are purely injunctive in their character; their function lies in laying down what should be done; and that a certain act should be done is made known to us by such terms as ‘as long as one lives’ and the like, without the help of any words speaking of results; so that (even when the result is actually mentioned) the word expressive of the result is not needed at all by the sentence; so that in cases where it is assumed (and not directly mentioned) it would be entirely superfluous, and hence could not be construed along with the injunctive text. Thus then, the conclusion is that the esoteric text quoted above speaking of ‘sacrifices’ not being capable of being restricted to any particular kind of sacrifice, must be taken as including all kinds of sacrifices, obligatory as well as voluntary.

Further, the result spoken of in the present text cannot proceed from the voluntary acts; as none of then has been enjoined as to be done by ‘one desirous of Liberation’. In fact it was with reference to this that the text declared (under 2.2) that ‘being given up to desires is not commendable’; and also in the Mahābhārata — ‘May thy acts not be done simply with a view to results. May thou not be addicted to inaction,” (Bhagavadgītā 2.47).

The conclusion thus is that so long as the actor has his mind beset with notions of diversity, is under the influence of Desire and Ignorance, and is not free from the notions of ‘I’ and ‘mine’, — the results obtained by him are just the narrow ones that he had bargained for (on the strength of the Vedic texts); while the other kind of actor, who undertakes an act without reference to any results, and simply because it has been enjoined by the Veda and as such should be done, attains Brahman Itself, which consists of the highest boundless bliss.

It will not be right to urge against this the following argument: — “There are one hundred and seventy-one sacrifices; in as much as it would be impossible for anyone to perform all these, the text would be enjoining an impossibility (if it meant all kinds of sacrifices)”. — Because in the present context the performance of the acts is meant to be accomplished by the attainment of true insight itself. The meaning is that all sacrifices are to be accomplished by the said insight. This is what is meant by such texts as — ‘Other Brāhmaṇas offer sacrifices by means of Knowledge itself’.

Or, the particular position or region spoken of in the present text as attained (by non-injury &c.) may be taken to be just those whose special character would be determined by the man’s desires — according as he may be desirous of heaven or sons &c. &c. In fact persons who have their minds still beset with notions of such diversity as those of ‘past’, ‘present’ and so forth, are prompted by false longings, even when betaking themselves to acts leading up to the highest ends of man; just as when a child is tempted to drink a nutritious medicine by the false hope (set up before it) in the form that by drinking it it would have long hair.

Another theory on this subject is as follows: — The acts referred to in the present text are the obligatory ones. It is these whose omission is sinful, and acts as an obstacle to liberation. And it is the fact of these being properly performed, the obstacle being thereby removed, that is spoken of by the expression ‘by the acts prescribed in the Veda’: — even though these have not been enjoined as leading to liberation.

‘Rigorous’ — powerfully conducive to the emaciation of the body.

‘Of that Being’ — of Brahman.

‘Position’ — place, region.

‘Attain’ — Acquire.

Or, the ‘position of that’ may mean that character of Brahman which may be in accordance with his desire; i.e., being the Lord of all beings, or self-sufficiency, or the attaining of its very essence, and so forth. — (75).

 

Explanatory notes by Ganganath Jha:

‘Vaidikaiḥ karmabhiḥ’ — ‘the compulsory acts prescribed in the Veda’ (Medhātithi, Govindarāja and Kullūka); — ‘the compulsory and occasional acts prescribed in the Veda’ (Nārāyaṇa and Nandana).

‘Tat padam’ — ‘The region of Brahman’ (Medhātithi); — ‘Union with Brahman’ (Govindarāja, Kullūka and Rāghavānanda).

 

Comparative notes by various authors:

(verses 6.74-75)

See Comparative notes for Verse 6.74.

 

 

VERSE 6.76-77

Section VII - Means of Removing Sin (kilbiṣa)

 

अस्थिस्थूणं स्नायुयुतं मांसशोणितलेपनम् ।
चर्मावनद्धं दुर्गन्धि पूर्णं मूत्रपुरीषयोः ॥७६॥

जराशोकसमाविष्टं रोगायतनमातुरम् ।
रजस्वलमनित्यं च भूतावासमिमं त्यजेत् ॥७७॥

asthisthūṇaṃ snāyuyutaṃ māṃsaśoṇitalepanam |
carmāvanaddhaṃ durgandhi pūrṇaṃ mūtrapurīṣayoḥ ||76||

jarāśokasamāviṣṭaṃ rogāyatanamāturam |
rajasvalamanityaṃ ca bhūtāvāsamimaṃ tyajet ||77||

 

He shall discard this abode of material substances, where the bones are the pillars, which is held together by the tendons, plastered with flesh and blood; covered with the skin, foul-smelling, and full of urine and ordure; — (76) beset with wrinkles and sorrow, the seat of disease, harassed, sullied with passions and perishable. — (77)

 

Medhātithi’s commentary (manubhāṣya):

(verse 6.76)

This is meant to create disgust.

To say nothing of the bodies of worms insects and fleas, which are born in the earth and out of moisture etc., — the human body itself, which has been considered highly desirable, the likelihood of losing which keeps man in constant fear, — is like a latrine, the abode of urine and ordure. It is this latrine-hut that is described.

The bones constitute the pillars; the hut is supported by the bones; — it is tied up with the tendons; it is plastered outside with flesh and blood; — and it is covered up with the skin; or roofed over with the skin; — ‘filled with urine and ordure’; — the use of the Genitive here is analogous to that in the expression ‘odanasya pūrṇaḥ’, filled with rice. — (76).

(verse 6.77)

‘Wrinkles’ — indicates a peculiar state of the body in old age, due to its decrepitude.

‘Harassed’ — ever beset with diseases.

‘Sullied with passions’ — i.e., harbouring desires, the non-fulfilment of which brings irremediable unbearable pain.

Realising all this the man ‘shall discard’ this body, which is the abode of ‘material substances’ — the products of the Earth, in the form of fat, marrow, phlegm, urine, semen and blood; — it cannot be the abode of the Soul; because this is all-pervading. For all these reasons one should not cherish any affection for the body. — (77.)

 

Explanatory notes by Ganganath Jha:

(verse 6.76)

This verse is quoted in Yatidharmasaṅgraha (p. 91).

(verse 6.77)

This verse is quoted in Yatidharmasaṅgraha (p. 91).

 

Comparative notes by various authors:

(verses 6.76-77)

Mahāhhārata (12.330.42.43). — (Same as Manu.)

Maitryupaniṣad (3.4) — Do.

Viṣṇu (96.43-55). — ‘He must recognise this human frame to consist of seven elements; — those elements are adeps, blood, flesh, flesh-serum, bone, marrow and semen. It is covered with skin; and it has a nasty smell; it is the receptacle of impure substances. Though surrounded by a hundred pleasures, it is subject to change; though carefully supported, it is subject to destruction. It is the stay of carnal desire, wrath, greed, folly, pride and selfishness. It consists of earth, water, fire, air and ākāśa. It is provided with bone, tubular vessels, arteries and sinews. It is endowed with the quality of Rajas. It is covered with six skin-layers; it is kept together by three hundred and sixty hones.’

Kāmandaka (3.10). — ‘This clayey tenement rendered agreeable by artificial means is evanescent like a shadow and vanishes even as a bubble of water.’

 

 

VERSE 6.78

Section VII - Means of Removing Sin (kilbiṣa)

 

नदीकूलं यथा वृक्षो वृक्षं वा शकुनिर्यथा ।
तथा त्यजन्निमं देहं कृच्छ्राद् ग्राहाद् विमुच्यते ॥७८॥

nadīkūlaṃ yathā vṛkṣo vṛkṣaṃ vā śakuniryathā |
tathā tyajannimaṃ dehaṃ kṛcchrād grāhād vimucyate ||78||

 

He, who leaves this body, either as the tree leaves the bank, or as the bird leaves the tree, becomes freed from the shark of misery. — (78.)

 

Medhātithi’s commentary (manubhāṣya):

Continuing the figure of the body spoken of as the hut, we have the simile — ‘as the bird leaves the tree’. What is meant is, not that the body should be voluntarily given up, by entering into the fire, or such methods of suicide, but one shall not cultivate attachment to it. And then the body shall fall off by itself, by the exhaustion of Karmic residuum; just as the tree on the banks falls off. This is what has been said above (40) in regard not rejoicing at death.

But when the man has acquired the inner light, has controlled the movements of his breath, and has withdrawn his mind from all manifestations of illusion; — he may even voluntarily leave off the body; in the same manner as the bird leaves the tree.

‘Shark’ — which is like the shark, resembling it in being a source of trouble; hence the text has added the term ‘misery’; Even for the man who has attained discriminative wisdom, troubles continue to beset him so long as the body lasts; as such is the very nature of it.

This second alternative (of leaving the body voluntarily has been put forward in view of there being objections against the former one (of awaiting the chance of the falling off of the body I — (78)

 

 

VERSE 6.79

Section VII - Means of Removing Sin (kilbiṣa)

 

प्रियेषु स्वेषु सुकृतमप्रियेषु च दुष्कृतम् ।
विसृज्य ध्यानयोगेन ब्रह्माभ्येति सनातनम् ॥७९॥

priyeṣu sveṣu sukṛtamapriyeṣu ca duṣkṛtam |
visṛjya dhyānayogena brahmābhyeti sanātanam ||79||

 

Having, by the practice of meditation, attributed what is agreeable to him, to his good acts, and what is disagreeable, to his evil acts, he reaches the eternal Brahman. — (79)

 

Medhātithi’s commentary (manubhāṣya):

Disturbance of the mind caused by pleasure and pain, and appearing in the forms of joy and sorrow, should be got rid of in the following manner. [He shall cultivate the following idea] — ‘When such and such a person does anything pleasing to me, it is the result of some good act that I may have done in the past; and the doer of the act has not done it. through any feelings of affection towards me; in fact he could not do anything inimical to me; and when some one does what is disagreeable to me, there also what is the source of my pain is only my own evil act this is what he shall ponder over while practising meditation; so that he does not feel any attraction towards the man who does what is agreeable to him, nor any repulsion towards one who does what is disagreeable to him.

By doing thus ‘he reaches the eternal Brahman’, directly, and has not got to pass through the intervening stages of the Luminous Path and so forth.

The presence of the epithet ‘eternal’ implies that the man does not return to the cycle of births and deaths. — (79)

 

Explanatory notes by Ganganath Jha:

Medhātithi has been misunderstood by Buhler (see Translation).

This verse is quoted in Yatidharmasaṅgraha (p. 41).

 

 

VERSE 6.80

Section VII - Means of Removing Sin (kilbiṣa)

 

यदा भावेन भवति सर्वभावेषु निःस्पृहः ।
तदा सुखमवाप्नोति प्रेत्य चैह च शाश्वतम् ॥८०॥

yadā bhāvena bhavati sarvabhāveṣu niḥspṛhaḥ |
tadā sukhamavāpnoti pretya caiha ca śāśvatam ||80||

 

When, by disposition, he becomes free from longing for all things, then he obtains lasting happiness in this world, as also after death. — (80)

 

Medhātithi’s commentary (manubhāṣya):

This teaches the cultivation of a mental disposition.

It is not by the abandoning of the acquisition of desired things that one becomes ‘free from longings’; he becomes so only when he renounces what forms the source of all longing.

‘Disposition’ is an attribute of the mind, or of the soul, in the form of desire..

‘Towards all things’ — ‘sarvabhāveṣu.’ — This second ‘bhūva’ denotes things. The presence of the epithet ‘all’ implies that attachment to even such necessary things as articles of food and drink which are required for the maintenance of the body, is to be deprecated and not the desire. Because the desire for such things, in the form of hunger and thirst, arises from the very nature of things and is bound to appear. But ‘desire’ is something different from ‘longing’: Longing arises from attachment and is demeaning; while desire for food & c. appears in the man naturally, after the digestion of what has been eaten and drunk. — (80)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Yatidharmasaṅgraha (p. 48).

 

 

VERSE 6.81

Section VII - Means of Removing Sin (kilbiṣa)

 

अनेन विधिना सर्वांस्त्यक्त्वा सङ्गान् शनैः शनैः ।
सर्वद्वन्द्वविनिर्मुक्तो ब्रह्मण्येवावतिष्ठते ॥८१॥

anena vidhinā sarvāṃstyaktvā saṅgān śanaiḥ śanaiḥ |
sarvadvandvavinirmukto brahmaṇyevāvatiṣṭhate ||81||

 

Having, in this manner, gradually renounced all attachments, he becomes freed from all pairs of opposites, and reposes in Brahman alone. — (81)

 

Medhātithi’s commentary (manubhāṣya):

‘Having renounced all attachments.’ — ‘Attachment’ stands for the notion of ‘mine’ that people have with regard to such things as the cow, the horse, the elephant, gold, slaves, wife, agricultural lands, houses and so forth. When this has been renounced, and the man has begun to delight in solitude; — having taken to this as the principal method, and in the manner detailed above — i.e., by the due performance of the temporal and spiritual acts prescribed — he ‘reposes in Brahman,’ — which is of the nature of pure consciousness; and he is no longer fettered by actions. This is what is meant by the phrase ‘from ail pairs of opposites’ — i.e., pleasures and pains as resulting from good and bad acts. — ‘he becomes freed’ — (81)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Yatidharmasaṅgraha (p. 48).

 

 

VERSE 6.82

Section VII - Means of Removing Sin (kilbiṣa)

 

ध्यानिकं सर्वमेवैतद् यदेतदभिशब्दितम् ।
न ह्यनध्यात्मवित् कश्चित् क्रियाफलमुपाश्नुते ॥८२॥

dhyānikaṃ sarvamevaitad yadetadabhiśabditam |
na hyanadhyātmavit kaścit kriyāphalamupāśnute ||82||

 

All this that has been declared here is appurtenant to Meditation; he who does not realise and cultivate the said mental attitude does not obtain the reward of the acts. — (82)

 

Medhātithi’s commentary (manubhāṣya):

‘Appurtenant to Meditation’, — i.e., what comes about only when there is Meditation; what is attained only when meditation is properly done.

“All this that has been declared here’ — directly described, not merely indirectly implied. That is, the cultivating of the feeling that good and bad deeds are the causes of agreeable and disagreeable experiences; — when man does something disagreeable, it is always the outcome of natural fortes of one’s own acts) and stands on the same footing as when fever causes suffering or fire burns; and just as the man, who has been burnt by fire, does not hate fire, so also he should not hate the man that causes him pain; nor shall he forbid him to do it (just as no one goes to forbid the fire).

All this becomes possible only when there is meditation, when the mind is duly concentrated. Consequently one should at all times, cultivate the following thought; — Pleasure and pain are the effect of past Actions; in reality the King is not the bestower of happiness, of landed property and other things; in fact it is by my own effort that the first approach to him was obtained; it is my own past meritorious act that is the real bestower of the gift, and not the King; similarly the fine imposed (Penalty inflicted) is not what causes me trouble; it is my own acts that are troubling me; neither the King nor any one else is able to do it.’

All this shall always be pondered over, reflected upon; and all that has been described above as conducive to disgust with the world — thinking of the body a hut having bones for pillars &c. (76) — this also has to be always pondered over.

(A) ‘Anadhyātmavit’; — ‘adhyātma’ here stands tor mental attitude; — he who does not realise, does not cultivate — the above-described mental attitude, — ‘does not obtain the reward of the acts’; of such acts of the Renunciate, for instance, as begging alms, living in the village for a single night and so forth, he does not obtain the ‘reward,’ in the shape of Liberation. That is to say, the mere cotemplation (contemplation?) of the body as a hut with bones for its pillars and so forth does not always bring about freedom from longing, so long as love and hatred have not been got rid of by the attributing of all that happens to one’s own acts. When this attitude of the mind becomes permanently fixed, then alone is the reward obtained, and not when it comes about only once in a way.

(B) [ Second explanation of ‘anadhyātmavit’] — Or, ‘what has been declared’ may refer to the ‘reposing in Brahman’ (81); and the meaning thus is that this ‘reposing in Brahman’ is ‘appurtenant to meditation,’ and is not attained merely by the performance of acts. And as regards the question as to what is it that has to be meditated upon, the text adds ‘nahyanadhyātmavit’ — and the term ‘adhyātma’ stands for those treatises on Vedānta that have been composed on the subject of the Soul; — he who does not know this. — Or ‘adhyātma’ may stand for that which pertains to the soul; i.e., such ideas as — ‘the Soul is something distinct from the body, the sense-organs, the mind, the intellect, the life-breath and so forth, and it does not perish when these perish; — it is neither the doer of acts nor the enjoyer of their fruits’; — all these notions belong to one who is swayed by the idea of diversity; — when it has destroyed all evil, it is not affected by the taints or their effects; — being one, it is all this, there is nothing apart from it; — diversity is only, apparent. One who does not know all this as described in the Harisavama, Sadaka and other (?) Upaniṣads, and does not strengthen these ideas by constant and one-pointed meditation, does not obtain the said ‘reward of acts.’ The sense of the verse in this case would be that — ‘Except at the time that one is either taking food or engaged in some necessary act, one should always keep meditating upon the soul as described in the Vedānta and other treatises’.

(C) (Third Explanation) Or, even though the text occurs in the section dealing with Renunciation, yet the ‘reward of acts’ may be taken as referring to the Householder also; specially as it is this latter for whom the performance of acts constitutes the most important duly. According to this view, the meaning of the verse comes to be this: — Though Householders may duly perform the Agnihotra and other rites, yet, if they happen to be ignorant of the esoteric sciences, — those sciences which form the very essence of the rites, in the shape of the Udgītha, which is described as permeating all acts, and with which all persona learned in rituals ore thoroughly conversant, — they do not obtain the full reward of those rites, which appear after a long time. This is what has been described in two Śruti texts of the Bṛhadāraṇyaka and the Chāndogya Upaniṣads: — (a) ‘O Gārgi, he who without knowing this syllable, performs sacrifices and practises austerities even for several thousand years, all this becomes only perishable; but what is done through full knowledge, with faith and in full accordance with the esoteric science, becomes extremely virile’; — that is, excellent results accrue only to him who performs acts only after having understood the philosophy of the soul. (b) This has also been declared in the Chāṇḍoyya — ‘Those who know this and meditate upon it as frith and austerity etc., etc.,’ (5.10.1). It is with reference to these persons equipped with full knowledge and performing the prescribed acts that the Śruti has declared that they reach the region of Brahman by the path of light etc.(82).

The object to be meditated upon, for the sake of obtaining the knowledge of the Soul, having been thus indicated, it would appear as if the repeating of Vedic mantras were not required at all; hence it is this that is enjoined by the next verse.

 

Explanatory notes by Ganganath Jha:

‘Yadetadabhiśabditam’ — ‘What has been described in the immediately preceding verses’ (Medhātithi); — ‘what has been described in the preceding one verse’ (Kullūka); — ‘what has been described in all the preceding chapters’ (Govindarāja and Nandana); — ‘what can be expressed by words’ (Nārāyaṇa).

‘Kriyāphalam’ — ‘The reward of fulfilling the duties of the Renunciate’ (Medhātithi); — ‘reward of the act of meditation’ (Kullūka); — ‘reward of the performance of rites’ (Govindarāja, Nārāyaṇa and Nandana).

Buhler has misunderstood Kullūka, who does not explain ‘adhiyajñam’ as ‘Brahma-veda’; he explains it as yajñam adhikṛtya pravṛttam brahma vedam’ — where ‘brahma’ of the text is explained as ‘veda’.

 

 

VERSE 6.83

Section VII - Means of Removing Sin (kilbiṣa)

 

अधियज्ञं ब्रह्म जपेदाधिदैविकमेव च ।
आध्यात्मिकं च सततं वेदान्ताभिहितं च यत् ॥८३॥

adhiyajñaṃ brahma japedādhidaivikameva ca |
ādhyātmikaṃ ca satataṃ vedāntābhihitaṃ ca yat ||83||

 

He shall constantly recite Vedic texts bearing upon sacrifices, those dealing with deities and those dealing with the Soul, which have been called ‘Vedānta.’ — (83)

 

Medhātithi’s commentary (manubhāṣya):

What this verse permits (for the Renunciate) is the mere reciting of the texts, and not the repeating and getting up of them, as is prescribed for the householder.

‘Bearing upon sacrifices’ — i.e., the Brāhmaṇa texts prescribing the sacrificial rites.

‘Dealing with deities’ — those indicating the deities of sacrifices.

A particular kind of texts of this last class is ‘those dealing with the Soul;’ — i. e., ‘aham manurabhavam &c,’ ‘aham rudrebhiḥ etc.’ and so forth.

Which have been called ‘Vedānta’ — and which deal with Action and Knowledge both. This shows that it is the combination of these two that makes one reach Brahman. — (83)

 

Comparative notes by various authors:

Baudhāyana (2.18.20-21). — ‘He shall recite the Agnihotra-mantras in the evening and in the morning; after performing his evening-devotions by reciting the mantras called Vāruṇī and his morning-devotions by reciting the Maitrī verses.’

Āpastamba (2.21.4) — ‘Not to abandon sacred learning is a duty common to all.’

Vaśiṣṭha (10.4). — ‘He shall discontinue the performance of all religious ceremonies; hut he shall never discontinue the recitation of the Veda. By neglecting the Veda he becomes a Śūdra; therefore he shall not neglect it.’

 

 

VERSE 6.84

Section VII - Means of Removing Sin (kilbiṣa)

 

इदं शरणमज्ञानामिदमेव विजानताम् ।
इदमन्विच्छतां स्वर्गमिदमानन्त्यमिच्छताम् ॥८४॥

idaṃ śaraṇamajñānāmidameva vijānatām |
idamanvicchatāṃ svargamidamānantyamicchatām ||84||

 

This is the refuge for the ignorant, this for the learned; this for those seeking heaven, and this also for those desiring immortality. — (84)

 

Medhātithi’s commentary (manubhāṣya):

‘This’ refers to the Veda; which also is Brahman; as has been declared in the following words — ‘Two Brahmans have to be recognised — the Verbal Brahman and the Supreme Brahman; one who is thoroughly acquainted with the Verbal Brahman reaches the Supreme One’; — one is said to become ‘acquainted with the Veda’ when he studies it, understands it and acts according to its injunctions.

This verse is a commendatory supplement to the foregoing injunction.

‘For the ignorant’ — those who do not understand the meaning of Vedic texts, and are yet entitled to and desirous of their reciting. The revered Vyāsa has declared success for the mere reciter. Or, ‘ignorant’ may mean those not knowing the true nature of the Soul; i.e., those who have not realised, with the help of the scriptures, the real nature of the Soul, and though engaged in meditation upon it, have not yet acquired the requisite steadiness of the mind.

For these people the Veda is the ‘refuge’; as by reciting it, acting in accordance with it and acquiring some knowledge of it, they are saved from falling into the life of worms and insects, or into hell.

‘This for the learned.’ The text proceeds to show how. it is the ‘refuge’ for the learned — ‘this for those seeking heaven;’ — i.e., those who know only the Ritualistic Sections of the Veda, and have not acquired any firm conviction regarding the Soul; and when these people perform the rites laid down in the Veda, they obtain heaven and other rewards. Others however, who have renounced all attachment and destroyed all passions, and are intent upon the contemplation of the real nature of the Soul, obtain ‘immortality’, i.e., non-return to the cycle of births and deaths.

For all these the Veda is the only ‘refuge’, and there is no other path. Such is the sense of the verse — (84)

 

 

VERSE 6.85

Section VII - Means of Removing Sin (kilbiṣa)

 

अनेन क्रमयोगेन परिव्रजति यो द्विजः ।
स विधूयैह पाप्मानं परं ब्रह्माधिगच्छति ॥८५॥

anena kramayogena parivrajati yo dvijaḥ |
sa vidhūyaiha pāpmānaṃ paraṃ brahmādhigacchati ||85||

 

The twice-born person, who, by this successive process, goes forth (as a mendicant), shakes off evil and attains the Supreme Brahman. — (85)

 

Medhātithi’s commentary (manubhāṣya):

‘Successive process’ — the adopting of the method that has been described as consisting of the combination of action and knowledge; — i.e., after having paid off his debts.

‘Shakes off evil’ — just as the horse shakes off its hairs, so the nun shakes off evil by means of self-knowledge. This has been thus described — ‘Just as the water does not become attached to the. lotus-leaf so evil does not become attached to the man who knows It.’

‘He attains the Supreme Brahman’ — becomes one with Brahman, having got rid of all notions of diversity.

This verse describee the reward following from true knowledge and from the proper fulfilment of the duties of the particular life-stage. — (85).

 

 

VERSE 6.86 [The Renouncer of the Veda (vedasaṃnyāsika)]

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

एष धर्मोऽनुशिष्टो वो यतीनां नियतात्मनाम् ।
वेदसंन्यासिकानां तु कर्मयोगं निबोधत ॥८६॥

eṣa dharmo'nuśiṣṭo vo yatīnāṃ niyatātmanām |
vedasaṃnyāsikānāṃ tu karmayogaṃ nibodhata ||86||

 

Thus have the duties of the self-controlled Renunciates been expounded to you. Listen now to the duties of the ‘renouncers of the Veda.’ — (86).

 

Medhātithi’s commentary (manubhāṣya):

Those who have taken to the renouncing of the Veda are called ‘Veda-sanyāsika,’ ‘renouncers of the Veda.’ The term ‘veda’ indicates the renouncing of all such acts as the pouring of libations and the like, and not that of reciting Vedic texts; then again, as for meditation on the soul, this has been enjoined for these men also; so that what are forbidden Cor them are such acts as going on pilgrimages, keeping of fasts and so forth, all which require (for their accomplishment) wealth as well as bodily labour; and the prohibition does not apply to such acts as the twilight-prayer, repeating of mantras and the like, for which the man needs nothing besides himself. All this we shall explain at the proper place.

The first half of the verse sums up the section on Renunciation, and the second half introduces the duties of the ‘renouncer of the Veda.’ — (86).

 

Explanatory notes by Ganganath Jha:

“Govindarāja is of the opinion that the persons named above (4.22) are here intended. But from what follows (verses 94, 95) it appears that those Brāhmaṇas are meant who, though solely intent on the acquisition of Supreme Knowledge, and retired from all worldly affairs, continue to reside in their houses; see also 4.257. Govindarāja and Nārāyaṇa assume that they remain Householders, while Kullūka counts them among the ascetics.” — Buhler.

 

 

VERSE 6.87-88

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

ब्रह्मचारी गृहस्थश्च वानप्रस्थो यतिस्तथा ।
एते गृहस्थप्रभवाश्चत्वारः पृथगाश्रमाः ॥८७॥

सर्वेऽपि क्रमशस्त्वेते यथाशास्त्रं निषेविताः ।
यथोक्तकारिणं विप्रं नयन्ति परमां गतिम् ॥८८॥

brahmacārī gṛhasthaśca vānaprastho yatistathā |
ete gṛhasthaprabhavāścatvāraḥ pṛthagāśramāḥ ||87||

sarve'pi kramaśastvete yathāśāstraṃ niṣevitāḥ |
yathoktakāriṇaṃ vipraṃ nayanti paramāṃ gatim ||88||

 

The student, the Householder, the Hermit and the Renunciate, — all these, several stages emanate from the Householder. — (87). But all these, when observed in due order, a ccording to the scriptures lead the Brāhmaṇa who has (thus) acted according to the law, to the highest state. — (88).

 

Medhātithi’s commentary (manubhāṣya):

(verses 6.87-88)

Objection: — “Inasmuch as the author has promised that he is going to expound the duties of the Renouncer of the Veda, the assertion of the sequence of the life-stages is entirely irrelevant.”

In answer to this some people have explained that the four life-stages have been mentioned in the present context with a view to show that ‘Renunciation (of the Veda)’ is not a distinct stage, being included among these same four; and the question arising as regards the particular stage in which it is included, the present verse points out that it is included in the state of the ‘Householder’; since the man has to dwell in the ‘house.’

Others however point out that the said ‘Renunciation of the Veda’ is to be included under the fourth stage of ‘going forth as a mendicant’, since it resembles this latter on this point that in both there is ‘renouncing of attachments’; nor is any need for including it under any one stage; because by virtue of the qualities of the man and of the Renunciate, the man would no longer have anything to do with sacrifices and other acts; specially as these have been enjoined by means of such specific words and expressions as restrict them to a definite lifestage.

“But if the man belongs to no life-stage, he would be liable to the penalty of the expiatory rite that has been prescribed for one who, for one year, remains outside the pale of all orders.”

Since such a state of things would have been brought about by the strict observance of the words of the text, how could there be any liability to an expiatory penance?

From all this it follows that the other orders have been mentioned in the present text for the purpose of eulogising Renunciation; and this serves the purpose of lending support to the view that the. combination of knowledge and action’ (as represented by the four orders) is necessary (for liberation).

In view of the fact that the house is the shelter, the dwelling-place, for all these orders, they have the Householder for their ‘source’, their support. Such is the explanation of the compound. — (88)

 

Explanatory notes by Ganganath Jha:

(verses 6.87-93)

“According to the commentators, the following discussion (87-93) is introduced in order to show, (1) that there are four orders only, and that the Vedasannyāsika belongs to these, and does not form a fifth order, or stand outside the orders; (2) that as the order of the Householders is most distinguished, it is proper that a man may continue to live in his house under the protection of his son.” — Buhler.

(verse 6.87)

This verse is quoted in Puruṣārthacintāmaṇi (p. 445), which explains ‘gṛhasthaprabhavāḥ’ as ‘dependent upon the Householder’; — in Saṃskāramayūkha (p. 64), which has the same note; — and also in Smṛticandrikā (Saṃskāra, p. 173).

(verse 6.88)

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 173), which says that ‘kramaśaḥ’ indicates that any inversing of the order of the Life-stages is forbiddenand in Saṃskāramayūkha (p. 64), which has the same note.

 

Comparative notes by various authors:

(verse 6.87)

Gautama (3.2-3). — ‘The four orders are — Student, Householder, Hermit and Vaikhānasa. The Householder is the source of these, because the others do not produce offspring.’

Āpastamba (2.21.1). — ‘There are four orders: — Householder, Student, Hermit and Renunciate.’

Śukranīti (4.4.1-5). — ‘The Brahmacāri, the Gṛhastha, the Vānaprastha and the Yati are the four compulsory stages for every Brāhmaṇa. The Brahmacāri is the disciple who wants learning; the Gṛhastha is for maintaining all men; the Vānaprastha is for restraining the passions and activities, and the Sanyāsi attempts the attainment of salvation.’

Baudhāyana (2.11-12). — ‘The Student, the Householder, the Hermit and the Renunciate.’

(verse 6.88)

Gautama (3.1). — ‘Some people declare that he who has studied the Veda may make his choice as to which among the orders he shall enter.’

Āpastamba (2.21.2). — ‘If he lives in all these four orders according to the rules, without allowing himself to be disturbed, he will gain liberation.’

 

 

VERSE 6.89

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

सर्वेषामपि चैतेषां वेदस्मृतिविधानतः ।
गृहस्थ उच्यते श्रेष्ठः स त्रीनेतान् बिभर्ति हि ॥८९॥

sarveṣāmapi caiteṣāṃ vedasmṛtividhānataḥ |
gṛhastha ucyate śreṣṭhaḥ sa trīnetān bibharti hi ||89||

 

Among all these however, in accordance with the injunction or the direct Vedic text, the Householder is declared to be the best; because he supports the other three. — (89)

 

Medhātithi’s commentary (manubhāṣya):

“What is asserted here does not appear to be right. For what it means is that the order of the Householder is directly enjoined by Vedic texts, which speak of the others only as supported by the former. In fact, in the event of the order of the Householder alone being directly enjoined by the Veda, there would be no room for the other orders; because the Vedic text (laying down Householding) would be more authoritative than the Smṛti -texts laying down austerities and other things (connected with the other orders.)’ — It might be argued in this connection that — ‘the words of the present verse are not to be construed as By reason of the injunction of the Vedic text (the Householder is superior), but that the superiority of the Householder spoken of in the Vedic text is due to the fact of his supporting the others; this is what is made clear by the sentence ‘he supports the other three’. — It has however got to be explained how this can be. — It may be urged that this would be so on account of the other orders also being enjoined in the Veda. — But if they are enjoined in the Veda, (and this is what is referred to in the present verse), then the present -text clearly runs counter to the Smṛti text that — ‘the Householder’s order alone is directly enjoined by the Veda’ (Gautama, 3.36). Nor is there any other construction possible. — It might be urged that ‘In view of the Jābāla-śruti, where we read that, having become a Householder, one shall become a Hermit, and having become a Hermit he shall go forth as a Wandering Mendicant, — all the orders are equally enjoined by the Veda’. — But even So, the contradiction of the Smṛti- text remains unexplained. Then again, this Jābāla-śruti is not injunctive in connection with the other orders; it does not contain any such injunction as that ‘one shall wander about in the forest in such and such a manner,’ — such and such acts shall be done by the man dwelling in the forest, — and such and such by the man who has gone forth as a Wandering Mendicant’, — in the way in which the duties of the Householder, beginning from the Laying of the Fire and ending with the Final Sacrifice, are found to be directly laid down; it merely mentions their name — ‘having become a householder &c.’ From all this it is clear that to speak of the Householder’s order as well as the other orders as equally enjoined in the Veda involves a contradiction of what has gone before.”

Our answer to the above is as follows: — It is true that for the man who has taken a wife to himself, the Veda has directly enjoined the duties, commencing with fire-laying and ending with the final sacrifice. Now, in connection with the marriage-rite itself, we have to consider the question as to what it is by which that act of marriage is prompted, — whether It is prompted by the Vedic texts that speak of persons entitled to offer the Agni-hotra -libations? — or by the injunction that lays down the duty of begetting children? — or by the visible (worldly) purpose of the man?

“What sexual love prompts is only the taking of a woman, and not the marriage-rite; that alone can be regarded as prompting an act, without which this latter could not be accomplished; and for persons influenced by sexual love, all their domestic business would be accomplished by simply having a woman; why then should they need to perform the marriage-rites?”

This would be all right, if intercourse with a mere woman in general were not forbidden. Though what the Veda says regarding the fire-laying may apply to any woman in general, yet the scriptures always make a distinction between the woman with whom one may, or she with whom he may not, have inter course. It is for this reason that for men with a steady character, the desired purpose cannot be accomplished without marriage. So that it is only natural that there should be the idea that marriage is prompted by the Veda itself.

“If it be as the text says, then there would be nothing to prompt the other orders. And the purposes of all orders being accomplished by Householdership alone, what would be the need of examining what prompts the others. That which prompts the marriage may serve as the prompter (of Householdership); but if Householdership alone is actually enjoined, how could the other orders come about? Under the circumstances again, how far would any investigation into the prompter of marriage be justified?”

Our answer is as follows: — It has been asserted that the purposes of all the orders are fulfilled (by Householdership). This is quite true; when one order has been duly prompted, and the aid required by the others becomes indirectly accomplished by the same, there can be no heed for the assumption of what would prompt these latter. For instance, the Vrīhi corn, the acquiring of which is prompted by the motive of livelihood, is also used in the performance of rites; and there is no acquiring of property for the purpose of the rites; — or again, even though the unlearned man is not entitled to the performance of sacrifices, yet the acquiring of learning is not prompted by those performances, being, as it is, already accomplished in obedience to the injunction of Vedic study itself. Similarly in the case in question (of marriage), the necessary motive being already supplied by the man’s own desires, the act does, not need the prompting of Vedic texts. Thus the injunction of the acts to be done would be applicable to those also who have not married.

Thus it is that the man who has all his passions deadened during the period of Studentship itself, does not wish to marry at all; and such a person, on account of having no companion (wife), would not be entitled to the second order. Thus not being entitled to the rites prescribed in the Vedic texts, he would naturally take to the next (the third) order (having skipped over Householdership).

Others have offered the following explanation: — Marriage does not stand on the same footing as Property. Without some property living is impossible, as it is on property that man lives; but in the absence of the wife living is not impossible; so that the wife is not as essential as property; and the act of marrying a wife is prompted soley by considerations of religious acts (which cannot be done without a wife); and it is necessary to realise in this connection the necessity of making every effort to become entitled to the performance of religious acts. Otherwise, (if no such effort were necessary), having lost his title to such acts by reason of the impurity brought about by evacuations, if one were to omit the necessary purifying processes, he would not be open to the charge of having omitted an obligatory duty; under the circumstances, why should anyone take the trouble of getting rid of the impurity caused by death and other circumstances? — It might be argued that this latter is also itself enjoined. — Even so, the omission would involve the transgression of this one injunction only, and not of the thousands of injunctions (relating to the acts that the man would perform after due purification).

In answer to this, the following arguments may be put forward: — “Of what particular injunction would it be the meaning that ‘for the sake of acquiring the title to the performance of religious acts, the agent shall make an effort to accquire that title’? All the Injunctions that there are pertain to the performance of the Agnihotra and other rites, and all that they lay down is that the acts therein specified ought, to be performed, and they do not urge the bringing into existence of the Fires. These fires are kindled, in connection with the voluntary acts, by the man who undertakes them through desire for the rewards to be obtained from them; and it is only when these Fires have been thus kindled that the man becomes ‘one who has laid the Fires,’ and hence subject to the injunctions relating to the lifelong performance of the Agnihotra rites. Then again, it is only the man with a wife that is entitled to the ‘laying of fire’; so that the man would desire to marry a wife in the same manner as he lays the Fires for the purpose of acquiring the title to the performance of religious acts. So that the sense of no Injunction is offended if one omits to acquire the title to the performance of the Agnihotra and other rites [simply because there is no such Injunction as that one shall acquire this title ]. Nor does the Injunction of Marriage itself indicate that marriage shall be performed; because the act of Marriage is a sanctificatory or sacramental rite, just like the Vedic rites of the obligatory daily Agnihotra and other rites; specially as no rewards are mentioned in connection with it.”

In answer to this the ancients offer the following explanation: There is a direct Vedic text laying down the paying off of the ‘three debts’ — ‘When the Brāhmaṇa is born, he is born beset with three debts &c. &c.’; and this text becomes applicable to the man as soon as he is born; this ‘birth’ can not refer to the second ‘birth’ in the form of ‘Initiation’; as in that case, the man would be as good as an animal, prior to his ‘Initiation’. In fact the exact time referred to by the passage speaking of the ‘debts’ is that at which the man, having been born, comes to realise his responsibilities. Thus then, after the has accquired learning and thus become entitled to marry, if after having sought for a bride, he fails to obtain one and becomes grey, he would certainly be entitled to proceed to the stage of the Hermit. In fact, such a man comes to the following conclusion — ‘all through my youth I have been seeking for a bride; — they say that Fire-laying has been enjoined for only such men as have their hair still black; — and by the man of grey hairs Fire is not to be laid except in the event of his wife having died, — such is the meaning that they attribute to the Vedic Injunction’.

The ‘Householder is the best of all’, because of his connection with religious acts; hence the superiority belongs to the stage itself (not to the man).

‘These three.’ — That it supports the other three stages is another ground for its superiority. This is what has been referred to by the text — ‘By means of knowledge and by good &c. &c.’ — (89).

This same dea (idea?) is further supported by means of an example. —

 

Explanatory notes by Ganganath Jha:

(verses 6.87-93)

See Comparative notes for Verse 6.87.

(verses 6.89)

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 563), which explains the meaning to be as follows: — As a matter of fact we find that all the scriptures lay down in great detail the duties of the Householder; hence this is recognised as superior to the other life-stages; — and in Smṛticandrikā (Saṃskāra, p. 175).

 

Comparative notes by various authors:

Gautama (3.36). — ‘The venerable teacher prescribes one order only; because the order of Householders is explicitly prescribed.’

Vaśiṣṭha (8.14). — ‘A householder alone performs sacrifices; a householder alone performs austerities; and the order of Householders is the most distinguished among the four.’

Viṣṇu (59.27-29). — ‘These three — the Student, the Hermit and the Renunciate — derive their subsistence from the order of Householders; therefore must a Householder not treat them with disdain, when they have arrived. The Householder offers sacrifices, the Householder practises austerities, the Householder distributes gifts; therefore is the order of Householders the best of all.’

 

 

VERSE 6.90

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

यथा नदीनदाः सर्वे सागरे यान्ति संस्थितिम् ।
तथैवाश्रमिणः सर्वे गृहस्थे यान्ति संस्थितिम् ॥९०॥

yathā nadīnadāḥ sarve sāgare yānti saṃsthitim |
tathaivāśramiṇaḥ sarve gṛhasthe yānti saṃsthitim ||90||

 

Just as rivers and rivulets attain their resting-places in the Ocean, so do men of all other orders obtain support in the Householder. — (90).

 

Medhātithi’s commentary (manubhāṣya):

‘Rivers’ — the Gaṅgā and the rest; — ‘rivulets’ — the Bhidya and others. The distinction between ‘rivers’ and ‘rivulets’ is based upon the difference of position or of taste.

In actual usage both are treated as one and the same; and the diversity of gender (in that case) is explained as standing on the same footing as that in the ease of the synonymous words ‘bhāryā’ (feminine) and ‘dārā’ (Masculine).

‘Resting place’ — support.

Just as the Ocean is the resting place for all kinds of water, so is the Householder entitled to the performance of all duties — (90)

 

Explanatory notes by Ganganath Jha:

(verses 6.87-93)

See Comparative notes for Verse 6.87.

(verses 6.90)

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 563); — and in Smṛticandrikā (Saṃskāra, p. 175).

 

Comparative notes by various authors:

Vaśiṣṭha (8.15-17). — ‘As all rivers, great and small, find a resting place in the ocean, even so men of all orders find protection with Householders. As all creatures exist through the protection afforded by their mothers, even so all mendicants subsist through the protection afforded by Householders.’

 

 

VERSE 6.91

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

चतुर्भिरपि चैवैतैर्नित्यमाश्रमिभिर्द्विजैः ।
दशलक्षणको धर्मः सेवितव्यः प्रयत्नतः ॥९१॥

caturbhirapi caivaitairnityamāśramibhirdvijaiḥ |
daśalakṣaṇako dharmaḥ sevitavyaḥ prayatnataḥ ||91||

 

By twice-born men belonging to all these four orders this ten-fold duty shall always be assiduously observed. — (91)

 

Medhātithi’s commentary (manubhāṣya):

This verse introduces what is going to be described below. ‘Ten-fold’ — That which has ten ‘folds’ or forms.

‘Be observed’ — Always be performed.

Though all these have already been mentioned before, yet they are repeated here in order to indicate their great importance; and this repetition also lends support to the view that it is the combination of ‘Knowledge’ and ‘Action’ that accomplishes the hightest end of man — (91)

 

Explanatory notes by Ganganath Jha:

(verses 6.87-93)

See Comparative notes for Verse 6.87.

 

 

VERSE 6.92

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

धृतिः क्षमा दमोऽस्तेयं शौचमिन्द्रियनिग्रहः ।
धीर्विद्या सत्यमक्रोधो दशकं धर्मलक्षणम् ॥९२॥

dhṛtiḥ kṣamā damo'steyaṃ śaucamindriyanigrahaḥ |
dhīrvidyā satyamakrodho daśakaṃ dharmalakṣaṇam ||92||

 

(1) Steadiness (2) Forgiveness, (3) Self-control, (4) Abstention from unrighteous appropriation, (5) Purity, (6) Control of the Sense-organs, (7) Discrimination, (8) Knowledge, (9) Truthfulness, and (10) Absence of anger, — these are the ten-fold forms of duty. — (92)

 

Medhātithi’s commentary (manubhāṣya):

Steadiness and the rest are qualities of the Soul.

(1) ‘Steadiness’ — the feeling of contentment even at the loss of property and such things; expressed by such feelings as ‘if it has been lost, what does it matter? It can be acquired again.’ Similarly at separation from a beloved person, the man regains former equanimity by thinking that ‘such is the way of the world.’

(2) ‘Forgiveness’ — the excusing of wrongs committed; not seeking to do injury to a person in return for an injury that might have been done by him.

(3) ‘Self-control’ — absence of haughtiness, renouncing of pride due to superior learning &c.

(4) ‘Absention from unrighteous appropriation’: — this is well known.

(5) ‘Purity’ — cleanliness of food etc.

(6) ‘Control of the Sense-organs’ — not allowing them to be drawn even towards unforbidden things.

(7) ‘Discrimination’ — true knowledge, following upon the refutation of all doubtful and contrary views.

(8) ‘Knowledge’ of the Soul. The difference between ‘discrimination’ and ‘knowledge’ is that the former refers to Acts, and the latter to the Soul.

In view of this tautology, some people read ‘Dhīvidyā’ (wise discrimination). But this is not right; specially as we have explained the difference between the two.

The rest are well known.

‘Absence of anger’ is not permitting anger to arise when there is an occasion for it, and ‘forgiveness’ is not doing harm to others even when they may have done harm to one. — (92).

 

Explanatory notes by Ganganath Jha:

(verses 6.87-93)

See Comparative notes for Verse 6.87.

(verse 6.92)

‘Dhṛtiḥ’ — ‘Fortitude, calmness even on the loss of wealth and such other calamities’; — ‘firmness of purpose in the discharge of duties’ (Nārāyaṇa and Nandana).

‘Damaḥ’ — ‘Humility’ (Medhātithi); — ‘patience under sufferings’ (Govindarāja and Nārāyaṇa); — ‘subjugation of the mind’ (Kullūka and Rāghavānanda).

‘Dhīḥ’ — ‘True knowledge, free from doubts and errors (Medhātithi and Govindarāja); — ‘knowledge of the true meaning of the śāstras’ (Kullūka and Rāghvānanda); — Nārāyaṇa and Nandana, reading ‘hrīḥ’, explain it as ‘modesty’.

This verse is quoted in Aparārka (p. 972), which explains ‘śaucam’ as ‘purity of mind and body’, — ‘dhīḥ’ as ‘discrimination of right and wrong’, — ‘dhṛtiḥ’ as ‘keeping the mind from going astray’, — ‘damaḥ’ as ‘controlling of the mind by means of the Kṛcchra and other austerties’. It adds that this verse enumerates the duties common to all the four orders; — in Nṛsiṃhaprasāda (Saṃskāra, p. 16a); — and in Smṛticandrikā (Saṃskāra, p. 13), which has the following notes; — ‘Dhṛti’, firmness, — ‘kṣamā’ is nonperturbation of the mind even when wronged, — ‘dama’ is control of the ‘mind’, — ‘asteya’ is non-appropriation of what is not given, — ‘śauca’ is cleanliness, both internal and external, — ‘indriyanigraha’ is keeping the senses from all forbidden objects, — ‘hrī’ (which is its reading for ‘dhī’) is cessation from improper acts, — ‘vidyā’ is self-knowledge — ‘satya’ is saying what is true, which should be agreeable also, — ‘akrodha’ is freedom from anger.

 

Comparative notes by various authors:

Vaśiṣṭha (10.30). — ‘To avoid backbiting, jealousy, pride, self-consciousness, unbelief, dishonesty, self-praise, blaming others, deceit, covetousness, delusion, anger, and envy is considered to be the duty of all orders.’

Yājñavalkya (3.66). — ‘Truthfulness, abstention from unrighteous appropriation and anger, modesty, purity, discrimination, steadiness, self-control, control over sense-organs and learning — these have been declared to be universal dharma.’

Arthaśāstra (p. 30). — ‘To all men — desisting from injuring others, truthfulness, purity, freedom from jealousy and cruelty and forgiveness.’

Kāmandaka (3.34-36). — ‘Not to find no fault with others, to observe his own duties, to show compassion for the distressed, to address sweet words to all, to save friends even at the cost of his life, to welcome enemies coming to the house, to practise charity commensurate with his resources, to be against sufferings, to conciliate estranged friends, to treat kindly and obey the wishes of all relations, — these are the characteristics of the high-minded.’

 

 

VERSE 6.93

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

दश लक्षणानि धर्मस्य ये विप्राः समधीयते ।
अधीत्य चानुवर्तन्ते ते यान्ति परमां गतिम् ॥९३॥

daśa lakṣaṇāni dharmasya ye viprāḥ samadhīyate |
adhītya cānuvartante te yānti paramāṃ gatim ||93||

 

Those Brāhmaṇas, who properly study the ten forms of duty, and having studied them, follow them in practice, reach the highest state. — (93).

 

Medhātithi’s commentary (manubhāṣya):

This describes the reward of what has just been enjoined. The mention of the reward of study is meant to eulogise the actual performance. — (93).

 

Explanatory notes by Ganganath Jha:

(verses 6.87-93)

See Comparative notes for Verse 6.87.

 

 

VERSE 6.94

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

दशलक्षणकं धर्ममनुतिष्ठन् समाहितः ।
वेदान्तं विधिवत्श्रुत्वा संन्यसेदनृणो द्विजः ॥९४॥

daśalakṣaṇakaṃ dharmamanutiṣṭhan samāhitaḥ |
vedāntaṃ vidhivatśrutvā saṃnyasedanṛṇo dvijaḥ ||94||

 

The twice-born person, performing, with collected mind, the ten-fold Duty, and having duly learnt the Vedānta texts, and become free from debts, should take to Renunciation. — (94).

 

Medhātithi’s commentary (manubhāṣya):

‘Being freed from debts, should take to Renunciation.’ — This text is meant to lay down that Renunciation should come only after the three debts have been paid off. Just as all men are not entitled to go forth as a mendicant at the same period of their life, so with Renunciation also.

‘Having duly learnt the Vedānta texts’. — There is no renunciation for one who has not learnt what is contained in the Vedānta texts. Though the performance of Rites, as well as the learning of the Vedānta, are both implied in the injunction of ‘Vedic study’ — both kinds of texts being equally ‘Veda,’ — yet the learning of the Vedānta texts has been reiterated here for the purpose of laying special stress on it; the sense being that ‘the man shall devote himself entirely to it’.

“What is the actual meaning of the injunction. — ‘shall take to Renunciation’? What is thia that is called ‘Renunciation’?”

‘Renunciation’ consists of abandoning the notion that ‘this is mine’.

“What have been referred to above are the ‘Renouncers of the Veda’, from which it would seem as if there were ‘renunciation’ of the ‘Veda’ or of ‘what is contained in the Veda’, — and not that of such acts as the accepting of gifts and the like, which are done for the purpose of enabling the man to perform the acts enjoined by the Veda.”

In verse 84 above it has been declared that the Veda is the ‘refuge for those seeking immortality’; so that Vedic study is enjoined even for that stage at which Knowledge (and not Action) becomes the predominating factor in one’s life. In as much as the Agnihotra and other rites are accomplished with the help of material substances, they naturally become renounced when there is no sense of property (the notion of mine). Such ‘renunciation’ is meritorious only for one whose wife is dead, or who, having made arrangements for the upkeep of bis Fires, concentrates his attention on the Supreme Self. We read in the Bṛhadāraṇyaka Upaniṣad — ‘when he thinks of going away, he says to his son &c. &c.,’ which lays down the handing over of the Fires. This renunciation of the Fires is enjoined also for the decrepit old man — ‘By decrepitude does he become absolved from this.’ Those rites however which do not take the aid of material substances — such for instance as the Twilight Prayers, the daily Agnihotra and the like — the performance of these being not forbidden, one remains entitled to it till his very last breath. — (94).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 973); — and in Yatidharmasaṅgraha (p. 5).

 

 

VERSE 6.95

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

संन्यस्य सर्वकर्माणि कर्मदोषानपानुदन् ।
नियतो वेदमभ्यस्य पुत्रैश्वर्ये सुखं वसेत् ॥९५॥

saṃnyasya sarvakarmāṇi karmadoṣānapānudan |
niyato vedamabhyasya putraiśvarye sukhaṃ vaset ||95||

 

Having renounced all acts, and thrown off the taint of his acts, and studied the Veda with mind self-oontrolled, he shall live at ease under the protection of his son. — (95).

 

Medhātithi’s commentary (manubhāṣya):

‘Having studied the Veda’; — this implies that the Veda shall not be given up. This has been already explained above.

The right reading would appear to be the present-participial form ‘abhyasyan,’ ‘studying.’

‘He shall live at ease under the protection of his son’; — i.e., if he has a son born to him; or of any other person who may be in the place of his son; such, for instance as his grandson. They say that in this case also one should retire to another house. — (95).

 

Comparative notes by various authors:

Vaśiṣṭha (10.26). — ‘At his option, the Renunciate may dwell in the village,’

 

 

VERSE 6.96

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

एवं संन्यस्य कर्माणि स्वकार्यपरमोऽस्पृहः ।
संन्यासेनापहत्यैनः प्राप्नोति परमं गतिम् ॥९६॥

evaṃ saṃnyasya karmāṇi svakāryaparamo'spṛhaḥ |
saṃnyāsenāpahatyainaḥ prāpnoti paramaṃ gatim ||96||

 

Having thus renounced all rites, intent upon his own duty, free from longings, he destroys sin by his renunciation and attains the highest state. — (96).

 

Medhātithi’s commentary (manubhāṣya):

‘His oven duty’ — meditation on the Soul; he for whom this is the highest duty.

‘Free from longings’ — not entertaining a desire for anything, even in his mind — (96).

 

 

VERSE 6.97

Section VIII - The Renouncer of the Veda (vedasaṃnyāsika)

 

एष वोऽभिहितो धर्मो ब्राह्मणस्य चतुर्विधः ।
पुण्योऽक्षयफलः प्रेत्य राज्ञां धर्मं निबोधत ॥९७॥

eṣa vo'bhihito dharmo brāhmaṇasya caturvidhaḥ |
puṇyo'kṣayaphalaḥ pretya rājñāṃ dharmaṃ nibodhata ||97||

 

Thus has the fourfold duty of the Brāhmaṇa been expounded to you, which is conducive to imperishable rewards after death. Now listen to the duty of Kings. — (97.)

 

Medhātithi’s commentary (manubhāṣya):

‘Fourfold Duty’ — pertaining to the four life-stages; all this has been expounded for the Brāhmaṇa.

“At the outset the text has spoken of the twice-born person, in the opening verse — ‘Having thus lived the life of the. Householder, the accomplished twice-born person &c. &c.’, and it has been decided that the term stands for all the three castes, as there is no sort of incongruity involved in this. Under the circumstances, the term ‘brāhmaṇa’ of the present verse should also be taken as standing for all the three castes. There would be a justification for denying this only if the entire Discourse did not form one organic whole, beginning from the opening verse and ending with the present verse. As a matter of fact, the opening verse is perfectly amenable to being construed with this last verse (the whole discourse thus forming one organic whole); so that it is quite open to us to take this verse as referring to what has been mentioned in the opening verse.”

As a matter of fact, the sentence is regarded as having that meaning which is found to be expressed by it, after a thorough consideration of the sentence as a whole. And in this way, it is distinctly more reasonable to take the term ‘twice-born person’ (of the opening verse) us standing for the Brāhmaṇa (rather than the other wav). Because every ‘Brāhmaṇa’ also is ‘twice-born’, but every ‘twice-born person’ is not a ‘Brāhmaṇa’. So that the term ‘twice-born’ being capable of being directly applied to the Brāhmaṇa, it cannot be right to take the term ‘Brāhmaṇa’ as indirectly indicating the wider circle of twice-born persons.

“But in the Mahābhārata we find three life-stages laid down for the Śūdra also; — having started with the words ‘for the Śūdra who has accomplished all his work, there is attendance, it goes on to say ‘all the life-stages have been prescribed for him, except the Nirāmiṣa’ — that is Renunciation.”

This is not right. Such is not the meaning of the text quoted; what it means is as follows — ‘the Śūdra should not have recourse to the four stages, he obtains the reward of all the stages by means of service and the begetting of children’; — which means that — ‘during Householdership he obtains, by means of serving the twice-born men, the rewards of all stages, with the sole exception of Liberation, which is the reward of Renunciation.’

From this it follows that the Four Life-stages are meant for the Brāhmaṇa only. — (97)

Thus ends the Bhāṣya on Discourse VI.

 

Explanatory notes by Ganganath Jha:

Buhler is not right in asserting that “according to Medhātithi the word ‘brāhmaṇā’ is not intended to exclude other Aryans (dvijas)”. — He has evidently been misled by the words in which Medhātithi has set forth an objection to the text using the word ‘Brāhmaṇa’. See Translation.

The first half of this verse is quoted in Mitākṣarā (on 3.57) in support of the view that the Brāhmaṇa alone is entitled to enter the fourth stage of the Renunciate; — in Vīramitrodaya (Saṃskāra, p. 564) to the same effect; — in Smṛticandrikā (Saṃskāra, p. 176), — which says that ‘brāhmaṇa’ here stands for all the twice-born persons; — and in Saṃskāramayūkha (p. 65) which quotes ‘my grand-father’ to the effect that ‘brāhmaṇa’ stands for all twice-born men, — while it itself favours the view that it stands for the Brāhmaṇa only.

 

***

Discourse VII - Duties of the King

 

VERSE 7.1 [Important Position of the King (rājan)]

Section I - Important Position of the King (rājan)

 

राजधर्मान् प्रवक्ष्यामि यथावृत्तो भवेन्नृपः ।
सम्भवश्च यथा तस्य सिद्धिश्च परमा यथा ॥१॥

rājadharmān pravakṣyāmi yathāvṛtto bhavennṛpaḥ |
sambhavaśca yathā tasya siddhiśca paramā yathā ||1||

 

I am going to expound the duties of Kings; how the Lord of Men should conduct himself, how he came into existence and how excellent success accrues to him. — (1).

 

Medhātithi’s commentary (manubhāṣya):

It has already been pointed out that the term ‘Dharma’ denotes what ought to be done, duty, so what the author promises in the present verse is that he is now going to describe what ought to be done by the King.

This duty is of two kinds — (1) pertaining to visible things, such as the ‘six courses of action’ and the like, and (2) pertaining to invisible things, such as the Agnihotra and the like. In the present context it is the former that is chiefly dealt with; and in fact it is only those forms of activity that are generally known as ‘kingly duties.’

The term ‘rājan’, ‘king,’ in the present context, does not stand for the Kṣatriya caste; it stands for that person who fulfills the conditions of having been anointed, possessing the rights of sovereignty and so forth. It is for this reason that the Text adds — ‘How the Lord of Men should conduct himself.’ — The use of the term ‘lord of men’ indicates that what is stated here is applicable to the person who has sovereignty over the people.

The duties expounded in the present connection are based, not all upon the Veda, but on other sources of knowledge also. Among those based upon other sources of information, those alone are stated here which are not contrary to the Science of Duty (Ethics). Says Kātyāyana — ‘One shall renounce the Science of Politics and act according to the Science of Duty.’

‘Yathāvṛttaḥ,’ ‘how he should conduct himself’; — the compound is to be expounded as ‘yaḍyatprakārakam vā vṛttam yasya,’ a Bahuvrīhi compound; the third factor referred to by it being the King. If the compound were explained in the manner whereby the denotation of the words of the compound itself formed the principal denotation of the compound itself, — then it would have to be an Aryayībhāva (in the form ‘yathāvṛttam’). — ‘Conduct’ stands for the action of protecting the people and also of accomplishing some transcendental ends.

‘Coming into existense’, being created; as is going to be described under verse 3 — ‘the Lord created the King’ and so forth.

‘Excellent’, highest, — ‘success’, in the form of undisputed sovereignty.

This verse states the rewards of the due fulfilment of kingly duties (1).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 10), which adds the following notes: — We proceed to consider the exact meaning of the term ‘rājan’, — the question for determination being — (A) Is the name ‘rājā’ applied to any and every one doing the work of ‘protecting the people?’ (B) or only to one simply belonging to the Kṣatriya caste (C) or to that Kṣatriya alone who is duly anointed?

 — Now in support of (A) we have the following arguments: — In popular usage the name ‘rājā’ is applied to any one who owns and performs ‘rājya,’ the functions of the rājā, king; and these functions are actually performed by the Brāhmaṇa and other castes also. In the Nirukta the etymological meaning of ‘rājā’ is explained as ‘rājate,’ ‘one who shines,’ i.e.,with royal glory; and this glory results only from the proper ‘protection of the people.’ The Veda also speaks of Soma as ‘the rājā of Brāhmaṇas,’ and again as ‘the rājā among the Gandharvas’; — in all these passages the term stands for the ‘lord,’ the ‘protector of the people.’

 — In support of (B), the view that the term is applicable to the Kṣatriya caste, we have the following arguments: — Manu, having introduced the subject as ‘I am going to describe Rājadharma’ goes on to describe such duties as the protecting of the people and so forth, all of which pertains to the Kṣatriya, as is dear from the next verse which speaks of ‘protection’ as the principal ‘rājadharma’; from all which it is dear that it is the Kṣatriya alone that is entitled to ‘rājya,’ the ‘functions of the Rājā.’

It is in view of the ‘protection of the people’ being his duty that the Kṣatriya alone is entitled to carry arms and to make a living by arms. Yājñavalkya clearly declares ‘protecting of the people’ as the ‘principal duty of the Kṣatriya.’ Paṇini also lays down the affix ‘ṣyañ’ in the term ‘rājya’ in the sense of ‘function’ of the rājā, i.e., the Kṣatriya. Anointing also has been prescribed for the Kṣatriya only; the texts speak of the ‘anointing of the Rājā,’ which means that the ceremony is to be performed by one who is already a Rājā; and this can be true only of the Kṣatriya who alone is a ‘rājā’ (i.e., Kṣatriya) even before being anointed. Thus the primary denotation of the term resting in the Kṣatriya only, whenever it is applied to such Brāhmaṇas and other castes as do the work of the ‘rājā’ it should be understood to be used in a secondary or figurative sense.

 — (C) The third view has been held by Medhātithi and Kulllūka, both of whom hold that the term is applicable to ‘any man who is equipped with anointment and such other qualifications, and who does the work of protecting the people.’ So also Haradatta on Gautamasūtra, and Mitākṣarā, the latter applying it to such ‘Householder as is equipped with anointment and other qualifications.’ On the ground of commonsense also the duties laid down for the ‘Rājā’ must be taken as pertaining to every one who has to do the work of ‘protecting the people.’ If they did not, then what would be there for the guidance of those non-Kṣatriyas who happen to be kings of men? Aparārka also declares that the duties prescribed pertain to these non-Kṣatriyas also; though it holds that the name ‘rājā’ is applicable only to that Kṣatriya who has been anointed.

Having stated the arguments for the three views, the author declares his own conclusion as that the word ‘rājan’ in the present context must apply to one on whom devolves the duty of protecting the people; — which is the first of the three views stated above.

See in this connection the Aveṣṭyadhikaraṇa (Mīmāṃsā-sūtra, 2.3.3.), where the conclusion is that the word ‘rājan’ is rightly and directly denotative of the Kṣatriya, and as the ‘protecting of the people’ is prescribed in law-books as the duty of the Kṣatriya, this ‘protection’ has come to be called ‘Rājya’ (Kingship) the ‘function of the King’; and thus when other castes are found, by chance, to perform this function, they have the title ‘rājā’ applied to them only metaphorically. — As for ‘anointment’, the Tantravārtika (Trans. p. 822) remarks that this also is prescribed for the Kṣatriya only. (See in this connection Tantravārtika, Trans. pp. 815-831, where the whole subject is discussed in detail).

Though such is the conclusion of the Mīmāṃsakas, the commentators on Manu are agreed that in the present context the term ‘rājan’ stands for any one who performs such functions of the king as ‘protecting the people’ and so forth. Aparārka combines the two views that it applies to such Kṣatriyas as perform the function of protecting the people.

This verse is quoted in Rājanītiratnākara (p. 2 b).

 

 

VERSE 7.2

Section I - Important Position of the King (rājan)

 

ब्राह्मं प्राप्तेन संस्कारं क्षत्रियेण यथाविधि ।
सर्वस्यास्य यथान्यायं कर्तव्यं परिरक्षणम् ॥२॥

brāhmaṃ prāptena saṃskāraṃ kṣatriyeṇa yathāvidhi |
sarvasyāsya yathānyāyaṃ kartavyaṃ parirakṣaṇam ||2||

 

The protection of all this shall be done according to law, by the Kṣatriya who has received the Vedic training in due form. — (2).

 

Medhātithi’s commentary (manubhāṣya):

‘Brahma’ is Veda; the ‘training under gone according to the Veda is called ‘brāhma’ ‘Vedic’; that which consists in the learning of the meaning of the texts by studying the Veda, and which is accomplished in obedience to the injunction of Vedic study. The Initiatory Ceremony also is rightly called ‘Vedic’, in view of the fact that it is gone through for the purpose of getting up the Veda; as the author is going to say later on (verse 43) — ‘From persons learned in the three Sciences he shall learn the Three-Fold science etc’. If this (learning the meaning of the Vedic texts) were not meant by the present verse, then it would he asserting what is already known; as in that case the ‘sacrament’ could only stand for the forty-eight ‘sacramental rites’ laid down in the Smṛtis, beginning with ‘Conception’ and ending with the ‘Final Sacrifice’.

‘By the Kṣatriya.’ — This indicates that the Kṣatriya alone is entitled to Kingship. In the absence of the Kṣatriya however, a substitute also may be accepted; otherwise the people would become exterminated (for want of a protector). Such is the sense of the text.

‘Of all’ — who pay taxes, as well as those who are poor and helpless.

‘This’; — this refers to the people living in his kingdom, in villages as well in cities.

‘According to law’. — ‘Law’ stands for the scriptures, specially the scriptures dealing with ‘Dharma’ or Duty, and not those relating to ‘Artha’ or ‘Policy’ and composed by Auśanas and other writers. ‘According to this’ — i.e., not acting contrary to it.

‘Protection’ — Guarding; i.e., removing troubles, guarding the weak against the strong, and seeing that they do not act against the law. ‘Protection’ means saving from trouble; the transgressing of law brings impercepible trouble; s o that when people do not transgress it, they become saved from that trouble, by the King. It might be argued that the punishment inflicted by the King (for transgressions of the law) is also painful. But the pain caused by such punishment would be infinitesimal, as compared with the terrible sufferings undergone in hell.

‘Shall be done’; — this is the Injunction.

What prompts and entitles the King to do all this is explained in Discourse VIII — (2)

 

Explanatory notes by Ganganath Jha:

‘Saṃskāram’ — ‘Upanayana, Initiation’ (Medhātithi, Govindarāja, Kullūka and Nārāyaṇa); — ‘Sacrament of Coronation’ (Nandana).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 11), in support of the view that it is the Kṣatriya alone whose function it is to protect the people; and it adds the following notes: — ‘Brahma’ is Veda; and the ‘saṃskāra,’ ‘embellishment,’ ‘aptitude,’ brought about by the learning, proper study and due understanding of the Veda is called ‘brāhma’) — or the ‘saṃskāra’ ‘initiation,’ which is undergone for the purpose of learning the ‘Brahma’ or Veda, is called the ‘brāhma saṃskāra,’ i.e., the Upanayana; — ‘yathāvidhi’ means ‘in accordance with the scriptures;’ — this is an adverb modifying ‘prāptena’; ‘yathānyāyam’ means ‘in strict accordance with the law relating to the infliction of punishment, going to be set forth below’; — ‘parirakṣaṇam,’ ‘guarding the weak against oppression by the strong.’ This verse shows that the function of Kingship belongs primarily to the Kṣatriya.

It is quoted in Nītimayūkha (p. 1), which explains ‘brāhmam saṃskāram’ as ‘the anointing done by the Brāhmaṇas.’

 

Comparative notes by various authors:

Mārkaṇḍeya-purāṇa (Vīramitrodaya-Rājanīti, p. 12). — ‘Making gifts, study, sacrifice, — these constitute the threefold duty of the Kṣatriya; protecting the people and fighting constitute his livelihood.’

Yājñavalkya (Do.). — ‘Protecting of the people is the principal duty of the Kṣatriya.’

Parāśara (1.61). — ‘The Kṣatriya wielding weapons and protecting people, having defeated the armies of the enemy, shall protect the earth according to law.’

Mahābhārata-Śānti (Parāśaramādhava-Āchâra, p. OíiO). — ‘The protecting of the people is the highest duty of kings. The king is the protector of all castes and orders; he should protect his people and direct them to devote themselves to their own respective duties.’

 

 

VERSE 7.3-4

Section I - Important Position of the King (rājan)

 

अराजके हि लोकेऽस्मिन् सर्वतो विद्रुतो भयात् ।
रक्षार्थमस्य सर्वस्य राजानमसृजत् प्रभुः ॥३॥

इन्द्रानिलयमार्काणामग्नेश्च वरुणस्य च ।
चन्द्रवित्तेशयोश्चैव मात्रा निर्हृत्य शाश्वतीः ॥४॥

arājake hi loke'smin sarvato vidruto bhayāt |
rakṣārthamasya sarvasya rājānamasṛjat prabhuḥ ||3||

indrānilayamārkāṇāmagneśca varuṇasya ca |
candravitteśayoścaiva mātrā nirhṛtya śāśvatīḥ ||4||

 

At a time when the people were without a King, and were utterly perturbed through fear, the Lord created the King for the protection of all this; — (3) taking out the essential constituents of Indra, Vāyu, Yama, Sūrya, Varuṇa, Chandra and Kubera — (4)

 

Medhātithi’s commentary (manubhāṣya):

(verse 7.3)

‘Perturbed’ — troubled, or unsettled.

‘Lord’ — Prājapati.

This is a pure enlogium. — (3)

(verse 7.4)

‘Anita’ is Vāyu.

‘Vitteśa,’ — the Lord of Wealth, Vaiśravaṇa, Kubera.

‘Mātra’ — constituent parts.

‘Eternal’ — i. e., essential.

‘Niṣkṛtya’ — extracting, taking out — (4)

 

Explanatory notes by Ganganath Jha:

(verse 7.3)

This verse is quoted in Parāśaramādhava (Ācāra, p. 391), to the effect that the king is the representative of the strong hand of the Law; — in Parāśaramādhava (Vyavahāra, p. 5), to the effect that the King comes down to the earth for the suppression of the thief and other evil-doers; — in Vīramitrodaya (Lakṣaṇa, p. 195), as to the effect that the king was created by Brahmā for the purpose of protecting the people; — and in Vīramitrodaya (Rājanīti, p. 15), which adds the following notes: — ‘Arājake’ means ‘without a king’; — in ‘sarvataḥ’ the affix ‘tasil’ has the sense of the Ablative, and the word means ‘from all strong individuals,’ — ‘abhidrute’ means ‘oppressed,’ — ‘asya’ means ‘of this world’; — ‘prabhu’ is Brahmā. In some places the reading is ‘vidrute’ (for ‘abhidrute’), which means ‘fallen off from duty’; and in this case the affix in ‘sarvataḥ’ will have the force of the Locative. — It then goes on to remark that the reading adopted by Medhātithi is ‘cakṣurdharmasya sarvasya’ (in the place of rakṣārthamasya sarvasya’) under which reading ‘bhayāt’ will mean ‘through fear of adharma,’ — ‘dharmasya cakṣuḥ’ will be the ‘seer,’ i.e., the propagator ‘of Dharma,’ i.e., the king who is known as the ‘source of Dharma.’

This is quoted in Rājanītiratnākara (p. 2a).

(verse 7.4)

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — in the same work (Vyavahāra, p. 5); — and in Vīramitrodaya (Rājanīti, p. 6), which explains that ‘anila’ is Vāyu, ‘vitteśa’ is Kuvera, — ‘mātrā’ means portions — ‘nirhṛtya’ means ‘extracting,’ — ‘śāśvatīḥ’ means ‘most essential’ or ‘most lasting.’ — It adds that this verse may be construed with verse 3, the construction being ‘mātrā nirhṛtya (verse 4) rājānamasṛjat’ (verse 3).

This is quoted along with verses 5 and 6 in Rājanītiratnākara (p. 4a).

 

Comparative notes by various authors:

(verses 7.3-13)

Mahābhārata (Parāśaramādhava-Ācāra, p.393) — ‘All the deities are invisible; the king is the only visible deity, whose favour and disfavour bring about visible results. The king is the father, the mother and also the family of all those of noble families; the king is Truth and Deity; and the king is the great benefactor of the people. Let there be no doubt as to whether the king is the regulator of the time or time is the regulator of the king; for it is the king who regulates time. O King! in this world, the virtue of men is guarded by the king; it is only through fear of the king that people do not devour each other,’

Bṛhat-Parāśara (Vīramitrodaya-Rājanīti, p. 16). — ‘Brahmā created the king with portions of Indra, Fire, Wind, Yama, Sun, Moon, Varuṇa, Kuvera and Īśāna.’

Bṛhat-Parāśara (Vīramitrodaya-Rājanīti, p. 20). — ‘With or without cause, having his anger aroused, the king could burn the people; that is why people knowing the policy of kings call the king Fire.’

Nārada (Do.). — ‘When the king becomes angry, with or without cause, he burns the people; that is why they call him Fire. When the king desirous of conquest has recourse to valour and marches against enemies, then is he called Indra. The king is called the Moon when, on the disappearance of anger and splendour, he appears before the people in a happy mood. When the king seated on the seat of judgment, awards punishments impartially to all creatures, then he is Yama. When the king bestows gifts upon learned men and dependents seeking for help, then he is called Kuvera. As among human beings, the king is without beginning and without end, and as he is endowed with splendour and purity, and as he deviates not from the right path, and as an impure man becomes pure by his word, and the pure becomes impure, wherefore should not such a king not be a god?’

Bṛhaspati (Do.). — ‘Inasmuch as the king keeps the people pleased (rañjayati) by means of his four-limbed army, and shines with his splendid body, he is called the Raja.’

Aṅgiras (Do.). — ‘Inasmuch as the king, by means of punishments, removes evil he is called the Guru.’

Mahābhārata (Do.). — ‘In countries devoid of a king, Righteousness obtains no footing and people devour one another; fie, therefore, upon anarchy! Since the Veda declares the king to be Indra, he should be honoured by one who desires his own welfare, in the same manner as Indra. I feel that one should never live in a country where there is no king. In a country where there is no king, the Fire does not convey offerings to the gods. Such countries as have no kings are powerless whenever attacked by enemies.’

Vālmiki-Rāmāyaṇa (Vīramitrodaya-Rājanīti, p. 20). — ‘In a country where there is no king, there is no safety of life or property; nor is the enemy able to bear any attack by enemies.’

Garuḍa-purāṇa (Do.). — ‘Wealthy man, Vedic scholar, king, river, and physician, — in a place where these five are nor present, one should not take up residence.’

Śukranīti (l.141). — ‘The king is made out of the paramount elements of Indra, Vāyu, Yama, Surya (Sūrya), Agni, Varuṇa, Chandra, and Kuvera; he is the lord of both the moveable and immoveable worlds.’

 

 

VERSE 7.5

Section I - Important Position of the King (rājan)

 

यस्मादेषां सुरेन्द्राणां मात्राभ्यो निर्मितो नृपः ।
तस्मादभिभवत्येष सर्वभूतानि तेजसा ॥५॥

yasmādeṣāṃ surendrāṇāṃ mātrābhyo nirmito nṛpaḥ |
tasmādabhibhavatyeṣa sarvabhūtāni tejasā ||5||

 

In as much as the King was created with the constituent elements of these principal Gods, he surpasses all living beings by his glory. — (5)

 

Medhātithi’s commentary (manubhāṣya):

‘These’ — Indra and the other chief Gods; — ‘with the constituent elements’ — with the particles of their Light constituting their bodies; — The ‘King was created’; — hence his face becomes terrible to look at; — ‘by his glory’ — on account of his glory.’

He was created after ‘taking out’ the essential constituents. The root ‘kṛṣi’ (in the term ‘niṣkṛṣya’ (in verse 4) denotes ‘creating’. The Ablative (in ‘mātrābhyaḥ’) may be explained either on the ground of the ‘elements’ being the permanent factor out of which the constituents of the King are taken out. Or we may read ‘mātrāya’ with the Instrumental ending (which would denote cause). — (5)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — again in the same work (Vyavahāra, p. 5); — and in Vīramitrodaya (Rājanīti, p. 16), which adds the following notes: — ‘Eṣām surendrāṇām’ — ‘these principal gods, Indra and the rest’; — ‘mātrābhyaḥ’ — ‘the king has been created after extracting the most essential portions out of the constituent portions of the said deities; for this reason in glory, he surpasses all beings, i.e., he is superior to all things.’

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.6

Section I - Important Position of the King (rājan)

 

तपत्यादित्यवच्चैष चक्षूंषि च मनांसि च ।
न चैनं भुवि शक्नोति कश्चिदप्यभिवीक्षितुम् ॥६॥

tapatyādityavaccaiṣa cakṣūṃṣi ca manāṃsi ca |
na cainaṃ bhuvi śaknoti kaścidapyabhivīkṣitum ||6||

 

Like the sun, he burns the eyes and minds (of man); no one on the earth can even gaze at him. — (6)

 

Medhātithi’s commentary (manubhāṣya):

‘Burns’, — as if it were; it is so expressed, in view of the fact that people cannot gaze at him; this is what is stated in the second half. — ‘No one on the Earth’ — not even persons belonging to the excellent Brāhmaṇa caste, or endowed with Brahmic glory — ‘can gaze at him’ — look at him straight in the face. It is in view of the that it has been declared that ‘people shall sit down below while the King is seated on high’ (Gautama, 11) — (6)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — in the same work (Vyavahāra, p. 5); — and in Vīramitrodaya (Rājanīti, p. 16); which adds the the following explanation: — ‘By his lustre he burns, like the Sun, the eyes and minds of the people that look at him’; though the verb ‘tapati’ is in the simple form, it has the sense of the causal; what is said here is based on the idea that people cannot look the king in the face; this is the purport of the second half of the verse, which means that ‘no one on earth can look the king straight in the face.’ — It proceeds — “Medhātithi has remarked that even Brāhmaṇas, who are of superior caste, and who are endowed with Brahmic glory, cannot look him in the face”; and he bases this assertion on the words of Gautama (11.7) that ‘people should sit below the king who sits on high’. This however is not right, since Gautama has followed up his assertion with the saving clause ‘anye brāhmaṇebhyaḥ enam manyeran’, so that what the complete sūtra of Gautama means is — ‘while the king is sitting high upon the throne, people should sit below, on the ground, — all except the Brāhmaṇas, and these latter should honour him with benedictions.’

 

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.7

Section I - Important Position of the King (rājan)

 

सोऽग्निर्भवति वायुश्च सोऽर्कः सोमः स धर्मराट् ।
स कुबेरः स वरुणः स महेन्द्रः प्रभावतः ॥७॥

so'gnirbhavati vāyuśca so'rkaḥ somaḥ sa dharmarāṭ |
sa kuberaḥ sa varuṇaḥ sa mahendraḥ prabhāvataḥ ||7||

 

On account of his puissance he is Agni, Vāyu and Sūrya; he is Soma and Yama; he is Kubera, he is Varuṇa and he is Indra. — (7)

 

Medhātithi’s commentary (manubhāṣya):

This is said in view of the fact that, being constituted by the component particles of Agni and other Gods, he is equipped with their powers.

‘Puissance’ — supernatural power. — (7)

 

Explanatory notes by Ganganath Jha:

Cf. 9.303 et seq.

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — in the same work (Vyavahāra, p. 5); — and in Vīramitrodaya (Rājanīti, p. 17), which adds the following: — Inasmuch as the king has been created out of their essential portions, he is all these gods; — ‘dharmarāṭ’ is Yama; the meaning is that the king is similar to Agni and the other gods, being created out of their portions: — ‘prabhāva’ means ‘extraordinary power.’

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.8

Section I - Important Position of the King (rājan)

 

बालोऽपि नावमान्तव्यो मनुष्य इति भूमिपः ।
महती देवता ह्येषा नररूपेण तिष्ठति ॥८॥

bālo'pi nāvamāntavyo manuṣya iti bhūmipaḥ |
mahatī devatā hyeṣā nararūpeṇa tiṣṭhati ||8||

 

Even though an infant, the King shall not be despised as if he were merely human; because he is a great divinity in human form. — (8)

 

Medhātithi’s commentary (manubhāṣya):

Even on infant King shall not be regarded as merely a human being, and as such despised. In fact he is a great divinity, appearing in the shape of man. For this reason it is not right to show disrespect towards the King, even on account of defects that may be perceived in him. — (8)

 

Explanatory notes by Ganganath Jha:

This verse occurs also in the Mahābhārata.

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — in the same work (Vyavahāra, p. 5); — and in Vīramitrodaya (Rājanīti, p. 17), to the effect that by showing disrespect to the king one incurs the same sin that he does by showing disrespect towards the gods.

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.9

Section I - Important Position of the King (rājan)

 

एकमेव दहत्यग्निर्नरं दुरुपसर्पिणम् ।
कुलं दहति राजाऽग्निः सपशुद्रव्यसञ्चयम् ॥९॥

ekameva dahatyagnirnaraṃ durupasarpiṇam |
kulaṃ dahati rājā'gniḥ sapaśudravyasañcayam ||9||

 

Fire burns only one man who may happen to approach it carelessly; the fire of the King, on the other hand, consumes the entire family, along with its cattle and hoard of wealth. — (9)

 

Medhātithi’s commentary (manubhāṣya):

The following verses are commendatory supplements to the foregoing Injunction. Though the context deals with the ‘Duties of Kings’, yet what is stated here applies to all men.

When a man touches fire with his hand, or goes too near the fire when it is burning fiercely, — he is said to be ‘approaching it carelessly’; and when he is thus careless, he becomes burnt. If, however, the King happens to be angry, he destroys the man along with his wife, children, relations and property. In fact; on account of the fault committed by the master of the house, he destroys all those relations and friends that may happen to be with the family at the time, along with all their goods and chattels. — (9)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — in the same work (Vyavahāra, p. 6); — and in Vīramitrodaya (Rājanīti, p. 18), which adds the following notes: — When a man carelessly approaches too near the fire, he himself alone is burnt, not his sons or other relations; — others have explained ‘durupasarpiṇam’ as ‘one who approaches the fire for the purpose of throwing himself into it, with a view to escape from misery’; — better still than both these explanations is the following one: — ‘When a man, knowing himself to be guilty, proceeds, through bravado, to touch Fire in an ordeal, it is he alone that is burnt by the fire; but the king, becoming angry with him, destroys the man himself as well as his son, brother and other members of the family, along with his cattle and other possessions.’ It is thus alone that the two halves of the verse become correlated.

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.10

Section I - Important Position of the King (rājan)

 

कार्यं सोऽवेक्ष्य शक्तिं च देशकालौ च तत्त्वतः ।
कुरुते धर्मसिद्ध्यर्थं विश्वरूपं पुनः पुनः ॥१०॥

kāryaṃ so'vekṣya śaktiṃ ca deśakālau ca tattvataḥ |
kurute dharmasiddhyarthaṃ viśvarūpaṃ punaḥ punaḥ ||10||

 

For the proper fulfilment of his duty, he assumes many forms re peatedly, after having carefully considered the nature of his business, his power and the conditions of time and place. — (10)

 

Medhātithi’s commentary (manubhāṣya):

One should never think that the King is his relation or friend. ‘To whom is the King ever a friend, and who are friends to the King?’ (as the saying goes).

Under the exigencies of business, Kings treat a friend as their enemy, or an enemy as their friend. Similarly when they feel that they are not sufficiently strong, they condone faults; and as soon as they feel strong enough, they destroy the culprit. Similarly he acts according to the exigencies of time and place.

Thus ‘for the due fulfilment of hie duty’ — i.e., for the accomplishment of his business — ‘he assumes many forms’. In a moment he becomes a friend, and in a moment an enemy; the King never remains uniform.

For this reason one should never trust the King; that is, either by reason of friendship, or of kindness, or of good nature, or of sameness of age, one should not behave towards him as an equal. He should always be treated with caution. — (10)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); in the same work (Vyavahāra, p. 6); — and in Vīramitrodaya (Rājanīti, p. 18), which adds the following notes: — ‘Kāryam’ means ‘fitness for being pardoned or punished’, — ‘śakti’ is ‘capacity’, — ‘deśa’ means ‘remoteness or proximity’, — ‘kālam’ refers to times of scarcity or opulence; — having considered all this, he assumes various forms; — i. e., in a moment he is pleased, and in a moment displeased; when he finds a man weak, he becomes forgiving and if the man is strong, he uproots him, i.e., he assumes a friendly, inimical or disinterested attitude in accordance with the considerations of state.

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.11

Section I - Important Position of the King (rājan)

 

यस्य प्रसादे पद्मा श्रीर्विजयश्च पराक्रमे ।
मृत्युश्च वसति क्रोधे सर्वतेजोमयो हि सः ॥११॥

yasya prasāde padmā śrīrvijayaśca parākrame |
mṛtyuśca vasati krodhe sarvatejomayo hi saḥ ||11||

 

He indeed contains in himself the splendour of all, in whose favour dwells the Goddess of Fortune, in whose valour rests victory and in whose anger abides death. — (11)

 

Medhātithi’s commentary (manubhāṣya):

When he is pleased at service rendered to him, he grants wealth; when he is angry, he inflicts death. Hence he who desires wealth should serve him with care. When he is pleased with a man, he does not merely bestow wealth on him, but also subdues and destroys his enemies. For this reason also, if a man desires the destruction of his enemy, he should try to please the King.

‘Padma;’ — though this term is synonymous with ‘Śri’ (a name of the Goddess of Fortune, yet in the present text it has been used in the sense of greatness; t he sense being that the King bestows large wealth.

All these things are obtained from the King, because ‘he contains in himself the splendour of all’ — i.e., of the Sun, the Moon and Fire. — (11)

 

Explanatory notes by Ganganath Jha:

‘Padmā’ — ‘Carrying a lotus in her hand’ (Nārāyaṇa); — ‘dwelling in the lotus (Rāghavānanda); — ‘the great, the magnificent’ (Medhātithi, Govindārāja and Kullūka).

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — and in Vīramitrodaya (Rājanīti, p. 18) which adds the following notes: — When a man seeks for fortune, or having an enemy seeks to destroy him, — or seeks for livelihood, — he has recourse to the king; — Medhātithi and others have remarked that the term ‘padmā’ being a synonym of ‘Śrī’, is added for the purpose of indicating greatness; that is to say, the term ‘padmā’ is superfluous; — in reality however it is ‘padmā’ that stands as a name for the goddess of fortune, Lakṣmī, and the term ‘śrīḥ’ stands for ‘bodily splendour or we may construe the words as follows: — ‘In whose favours rests Padmā, the goddess of fortune, and in whose valour rest resplendence (śriḥ) and victory (vijayaḥ).’

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.12

Section I - Important Position of the King (rājan)

 

तं यस्तु द्वेष्टि संमोहात् स विनश्यत्यसंशयम् ।
तस्य ह्याशु विनाशाय राजा प्रकुरुते मनः ॥१२॥

taṃ yastu dveṣṭi saṃmohāt sa vinaśyatyasaṃśayam |
tasya hyāśu vināśāya rājā prakurute manaḥ ||12||

 

He, who, through folly, is hostile towards him, doubtlessly perishes; because the King makes up his mind for his quick destruction. — (12).

 

Medhātithi’s commentary (manubhāṣya):

The King shall be kept pleased, not so such with a view to obtaining desirable things from him, as for saving oneself from trouble; this is what is reiterated by the text.

He who is hostile to the King, — i.e., acts against him — ‘he doubtlessly perishes’; ‘because, for his quick destruction.’ etc. — Other men may forgive a fault, on account of the difficulties involved in complaining of it to the King; which involves expenditure of money, where difficulties crop up again and again by reason of the freaks of witnesses and so forth; but in the case of the King himself, there is no such difficulty; and when once he makes up his mind to destroy a man, the man is surely ruined; the King being all-powerful; and further, if he were to appear like making special efforts for chastising such a man, this (show of weakness) would militate against his puissance (?). — (12).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — and in Vīramitrodaya (Rājanīti, p. 23), which adds the following notes: — ‘Tam’ stands for the king, — ‘dveṣṭi’ means ‘disobeys him’, — ‘Sa vinaśyati’, ‘he becomes subjected by the king to death’.

 

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.13

Section I - Important Position of the King (rājan)

 

तस्माद् धर्मं यमिष्टेषु स व्यवस्येन्नराधिपः ।
अनिष्टं चाप्यनिष्टेषु तं धर्मं न विचालयेत् ॥१३॥

tasmād dharmaṃ yamiṣṭeṣu sa vyavasyennarādhipaḥ |
aniṣṭaṃ cāpyaniṣṭeṣu taṃ dharmaṃ na vicālayet ||13||

 

For this reason no one should transgress that favourable decree which the King should ordain in favour of his favourites, or that unfavourable decree that he should ordain against those in his disfavour. — (13).

 

Medhātithi’s commentary (manubhāṣya):

Because the King ‘contains within himself the splendour of all,’ therefore, — ‘in favour of his favourites’ — towards those ministers, priests and others who are in favour, — whenever in course of business, a ‘decree’ — an ordinance, in consonance with Law and Custom — is ordained or issued by the King; — no one should transgress such a decree. Such a decree of the King’s should not be disobeyed; such a decree for instance us — ‘To-day, the city should observe a holiday — there is a marriage in the minister’s house, — all men should be present there, — no animals shall be slaughtered to-day by the soldiers, — no birds are to be caught, — for so many days dancing girls shall be entertained by all wealthy men.’

Similarly ‘against those in disfavour’, — such a decree as — ‘no one shall associate with this person, — no one should allow him to enter his house’.

When such decrees are issued by the King by the beat of drum etc. they shall not be transgressed. But the King has no power to control the ordinances pertaining to religions acts, such as. the Agnihotra and the like, of the orders and castes. Such control would be repugnant to other Smṛti texts; and the present text has its application, without offending against any Smṛti text, in cases indicated above. — (13).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 392); — and in Vīramitrodaya (Rājanīti, p. 23), which adds the following notes: — Inasmuch as the king is the centre of all lustre and power, one should never transgress any lawful and fair commands that his majesty may issue in regard to his minister, priest or other favourites; — such commands for instance as — ‘To-day should be observed by all the people as a day of rejoicing, there is a marriage in the minister’s house, all should be present there, butchers shall kill no animals today, no birds are to be caught, no debtors are to be imprisoned by their creditors’ and so forth [these in regard to the king’s favourites.] — Similarly in regard to one whom he dislikes, he may issue such orders as — ‘none shall associate with him, he should not be permitted to enter any household,’ and so forth. — Such rules promulgated by the king should not be disobeyed. In regard to the performance of the Agnihotra and such religious acts, however, the king has no right to interfere at all.

This verse is quoted also in Rājanītiratnākara (p. 42b).

 

Comparative notes by various authors:

(verses 7.3-13)

See Comparative notes for Verse 7.3.

 

 

VERSE 7.14 [Punishment (daṇḍa)]

Section II - Punishment (daṇḍa)

 

तस्यार्थे सर्वभूतानां गोप्तारं धर्ममात्मजम् ।
ब्रह्मतेजोमयं दण्डमसृजत् पूर्वमीश्वरः ॥१४॥

tasyārthe sarvabhūtānāṃ goptāraṃ dharmamātmajam |
brahmatejomayaṃ daṇḍamasṛjat pūrvamīśvaraḥ ||14||

 

For his sake, the Lord, at first, created Punishment, which is Law born of the Lord Himself, an incarnation of divine glory and the protector of all creatures. — (14).

 

Medhātithi’s commentary (manubhāṣya):

The origin of the King has been described; the origin of Punishment is now described.

‘For his sake’ — for the due fulfilment of the purposes of the King, — ‘the Lord’ — Prajāpati — ‘created Punishment’.

“What purpose of the King is served by Punishment?”

The answer is as follows — It is ‘the protector of all creatures’; — it is Punishment that ‘protects’ — guards — all creatures; as without Punishment the King cannot carry on the work of protecting the people. Thus it was for the proper accomplishment of the kingly function that Punishment was created.

(a) ‘It is Law, (b) born of the Lord himself, (c) incarnation of divine glory’. — (a) ‘Law’ does not consist of sacrifices and gifts; it consists of Punishment, (b) Nor should it be regarded as an inferior form of Law, by reason of its depriving men of their life and property because it is that Law which is born out of the body of the Lord, Prajāpati, himself, (c) Nor is it composed of the five material substances; it is created out of the pure‘glory’ of Brahman himself.

‘At fir st,’ — before the creation of the King himself, — (14)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p 393); — in Vīramitrodaya (Rājanīti, p. 283), which adds the following notes: — ‘Tadartham’ means ‘for the accomplishment of the king’s purpose’; protecting of the people is the king’s duty, and as this protecting cannot be done without punishment, it is punishment itself that is called the ‘protection’ and it is eulogised by being styled ‘Dharma’ itself. — It is quoted again on p. 292.

The verse is quoted in Vivādaratnākara (p. 646), which adds the following notes: — The merit arising from the protection of the people is the king’s ‘Artha’ or ‘purpose’ — for the sake of this the ‘Lord’, Creator of the people, created punishment, which is ‘brahmatejomayam (brahmatejomaya),’ the natural Power of Hiraṇyagarbha, and which is ‘Dharma’ itself, i.e., the consolidator of Dharma; — both these epithets being purely valedictory and in Vivādacintāmaṇi (p. 261), which explains ‘tadartham dharmam’ as for the purpose of establishing Dharma; — and ‘brahmatejomayam’ as ‘constituted of the essence of Hiraṇyagarbha’; — it adds that this is mere eulogy.

It is quoted also in Rājanītiratnākara (p. 37b).

 

Comparative notes by various authors:

Yājñavalkya (1.353). — ‘Brahmā created Dharma in the form of Punishment.’

 

 

VERSE 7.15

Section II - Punishment (daṇḍa)

 

तस्य सर्वाणि भूतानि स्थावराणि चराणि च ।
भयाद् भोगाय कल्पन्ते स्वधर्मात्न चलन्ति च ॥१५॥

tasya sarvāṇi bhūtāni sthāvarāṇi carāṇi ca |
bhayād bhogāya kalpante svadharmātna calanti ca ||15||

 

It is through fear of him that all living beings, movable as well as immovable, go to subserve the experiences (of men) and do not swerve from their duties. — (15)

 

Medhātithi’s commentary (manubhāṣya):

‘Through fear of him.’ — As mere relationship in general is meant to be expressed (and Punishment is not meant to be spoken of as the actual source of fear), we have the Genitive (and not the Ablative) ending in ‘tasya’. It is through fear of Punishment that immovable beings Subserve (lie experiences of men — become capable of helping in their enjoyment, by means of flowers, fruits, shade and so forth. The immovable being (tree) that does not bear fruit either dries up: or if it does not dry up, it spreads all over the place and is cut up and made into coal.

By citing the case of the ‘immovable things’ it is meant that such should be the treatment meted out to the person who is found to be deserving of punishment on account of his having done something wrong to the King; that he should he punished with cutting, uprooting (total destruction) and the like.

The mention of the ‘immovable beings’ is for the purpose of eulogising, by its example, the Punishment; the sense being ‘Punishment is such a thing that it is inflicted even upon immovable things, what to say of movable ones?’ — and it is not meant that Punishment is actually inflicted upon immovable things.

‘Do not swerve from their duty’ — i.e., they do not flower or fruit out of their proper season. — (15).

 

Explanatory notes by Ganganath Jha:

‘Bhogāya kalpante’ — ‘Become capable of providing enjoyment’ (Medhātithi); — ‘are enabled to enjoy’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 646); — in Vīramitrodaya (Rājanīti, p. 284), which adds the following notes: — ‘Tasya’, ‘of the punishment;’ — Question: “Punishment, a source of fear, should have ended in the Ablative”. — The answer to this is that all that is meant to be expressed is relationship in general (and not the fact of being a source of fear); that is why we have the Genitive. — It is quoted again on p. 292; — and in Vivādacintāmaṇi (p. 261).

 

Comparative notes by various authors:

Yājñavalkya (1.352). — ‘The king, having acquired the kingdom, should inflict punishment upon ill-behaved persons.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 284). — ‘Those persons who are not subjugated through the first three means, — the king shall subjugate by means of punishment; punishment being the most effective means of bringing men under control.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 286). — ‘It is only through fear of punishment that wicked men abstain from committing offences.’

 

 

VERSE 7.16

Section II - Punishment (daṇḍa)

 

तं देशकालौ शक्तिं च विद्यां चावेक्ष्य तत्त्वतः ।
यथार्हतः सम्प्रणयेन्नरेष्वन्यायवर्तिषु ॥१६॥

taṃ deśakālau śaktiṃ ca vidyāṃ cāvekṣya tattvataḥ |
yathārhataḥ sampraṇayennareṣvanyāyavartiṣu ||16||

 

To men who act unlawfully, he shall mete it out appropriately, having carefully considered the time and place, as also the strength and learning. — (16).

 

Medhātithi’s commentary (manubhāṣya):

Those ‘who act unlawfully,’ — i.e., do things harmful to the King. — i.e., such persons as the Chief Minister and others, — it is the punishment to be inflicted upon such men that is described now. As regards persons who behave unlawfully towards one another, the punishment to be inflicted is going to be described under VIII. 126, where it is said — ‘Having ascertained the motive &c &c.’; and the present verse also we have explained under that text. One additional factor introduced in the present text is ‘learning’, which stands for Vedic learning.

‘Appropriately’ — according as each man may deserve.

‘Mete out’ — inflict, bestow.

Punishment should be meted out after having fully considered all that is here mentioned. If inflicted in any other way, it would bring perceptible trouble to the King.

The two (similar) verses occurring in discourses VII and VIII differ in the following respects — (a) one refers to visible (worldly) matters and the other to invisible (super-physical) ones, and (b) one refers to the King’s servants and the other to his people. — (16)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākoì'a (p. 646), which adds the following notes: — Rājā, so called because of his giving satisfaction (rañjanāt), — puruṣaḥ, ‘equal to the Supreme Being’, residing in the hearts of the people; — he is the netā, the ‘leader’, the propagator of Dharma,

It is quoted in Vīramitrodaya (Rājanīti, p. 292); — and in Vivādacintāmaṇi (p. 261), which has the following notes: — Rājā, so called because he keeps the people contented ( ), — puruṣaḥ, the Supreme Person, because he abides in the heart (puri shete) of the people, — nètā, - ruler, master, — ‘śāsitā’, the propagator of proper righteousness.

 

Comparative notes by various authors:

Yājñavalkya (1.352). — (See under l5.)

Yājñavalkya (1.367). — ‘The king shall inflict punishment upon those who deserve it, after duly taking into consideration, the crime, the place and the time, as also the strength, age, act and wealth of the culprit,’

Gautama (12.51). — ‘The award of punishment should be regulated by a consideration of the status of the criminal, of his bodily strength, of the nature of the crime and whether the offence has been repeated.’

Vaśiṣṭha (19, 9-10). — ‘Punishment should be awarded in cases of assault and abuse after due consideration of the particular place and time, of the duties, age, learning, and the sect; in accordance with the scriptures and in accordance with precedents.’

Viṣṇu (3.91, 92). — ‘He should inflict punishments, corresponding to the nature of their offences, upon evil-doers. He should inflict punishments according to justice.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 255). — ‘The king should inflict punishment after due enquiry; everything rests upon punishment.’

Arthaśāstra (p. 32). — ‘Punishment is the means whereby the security of the science of philosophy, Vedic triad and Trade-Agriculture is obtained.’

Śukranīti 1.45-47). — ‘Through fear of punishment meted out by the king, each man gets into the habit of following his own Dharma. The person who follows his own Dharma can become powerful and influential in this world. With strict adherence to one’s own duty, there can he no happiness. Poliowing one’s own Dharma is the highest penance.’

 

 

VERSE 7.17

Section II - Punishment (daṇḍa)

 

स राजा पुरुषो दण्डः स नेता शासिता च सः ।
चतुर्णामाश्रमाणां च धर्मस्य प्रतिभूः स्मृतः ॥१७॥

sa rājā puruṣo daṇḍaḥ sa netā śāsitā ca saḥ |
caturṇāmāśramāṇāṃ ca dharmasya pratibhūḥ smṛtaḥ ||17||

 

That punishment is the ‘King’, the ‘Man’; that is the ‘Leader’ and the ‘Ruler’ and that has been declared to be the ‘surety’ for the Law of the Four Stages. — (17)

 

Medhātithi’s commentary (manubhāṣya):

That in reality is ‘King’; — as it is by reason of Punishment that the King’s power holds.

That is the ‘Man’; — since it disregards even powerful men and brings them under its power.

That is the ‘Leader’; — all business is led, managed, by it.

‘Ruler’ — ‘Ruling’ consists in the King’s commands; and these latter are capable of controlling men only when there is Punishment; and it is in this sense that the actual act of ruling has been figuratively attributed to it.

It is like ‘surety’ of ‘the Law of the Four Stages’; — i.e., Punishment does not allow men to swerve from their duty in the same manner as the surety does not allow the party to deviate from the stipulated conditions. — (17)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 646), which adds the following notes: — Rājā, so called because of his giving satisfaction (rañjanāt), — puruṣaḥ, ‘equal to the Supreme Being’, residing in the hearts of the people; — he is the netā, the ‘leader’, the propagator of Dharma.

It is quoted in Vīramitrodaya (Rājanīti, p. 292); — and in Vivādacintāmaṇi (p. 261), which has the following notes: — Rājā, so called because he keeps the people contented (prajārañjanāt), — puruṣaḥ, the Supreme Person, because he abides in the heart (puri shete) of the people, — netā, — ruler, master, — ‘śāsitā’, the propagator of proper righteousness.

 

Comparative notes by various authors:

(verses 7.17-18)

Matsyapurāṇa (Vīramitrodaya-Rājanīti, p. 286). — ‘Punishment governs all creatures; punishment alone protects them; punishment lies awake while all are asleep; the wise regard punishment as Law itself.’

Mahābhārata (Do., p. 287). — ‘It is punishment that protects Dharma, and also property; it is punishment that protects pleasure; hence is punishment called the Triad; by punishment is grain protected, as also wealth.’

 

 

VERSE 7.18

Section II - Punishment (daṇḍa)

 

दण्डः शास्ति प्रजाः सर्वा दण्ड एवाभिरक्षति ।
दण्डः सुप्तेषु जागर्ति दण्डं धर्मं विदुर्बुधाः ॥१८॥

daṇḍaḥ śāsti prajāḥ sarvā daṇḍa evābhirakṣati |
daṇḍaḥ supteṣu jāgarti daṇḍaṃ dharmaṃ vidurbudhāḥ ||18||

 

Punishment governs all creatures; Punishment alone protects them; Punishment lies awake while all are asleep; the wise regard Punishment as Law itself. — (18)

 

Medhātithi’s commentary (manubhāṣya):

It is not the King that administers the law, relating to the Injunction of what ought to be done and the Prohibition of what ought not to be done; it is Punishment that does this administering.

‘Punishment alone protects’ — the weak against the strong.

‘While all’ — King’s officers — ‘are asleep’ — it is only through fear of punishment that people desist from doing what they like.

There are two kinds of this Punishment, — (a) that inflicted by the King and (b) that inflicted by the God of Death (in hell). — (18)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 646), which explains jāgarti as ‘being awake’ in the sense that it serves the purpose of freeing men from all fear of thieves and other mischief-makers; — in Vīramitrodaya (Rājanīti, p. 292); — and in Vivādacintāmaṇi (p. 261), which says that ‘jāgarti’ means that he does the work of quelling thieves, which can be done only by a wakeful and watchful person.

 

Comparative notes by various authors:

(verses 7.17-18)

See Comparative notes for Verse 7.17.

 

 

VERSE 7.19

Section II - Punishment (daṇḍa)

 

समीक्ष्य स धृतः सम्यक् सर्वा रञ्जयति प्रजाः ।
असमीक्ष्य प्रणीतस्तु विनाशयति सर्वतः ॥१९॥

samīkṣya sa dhṛtaḥ samyak sarvā rañjayati prajāḥ |
asamīkṣya praṇītastu vināśayati sarvataḥ ||19||

 

When meted out properly after due investigation, it makes all people happy; but when meted out without due investigation, it destroys all things. — (19)

 

Medhātithi’s commentary (manubhāṣya):

‘Meted out’ — inflicted, set up.

‘After due investigation’ — i.e., after having duly examined the peculiarities of ‘time’, ‘place’ and other details mentioned before (Verse 10).

‘Makes happy’ — incites affection among the people.

When inflicted in a manner contrary to this, it does not -only fail in its own purpose; in fact when wrongly administered, it destroys the best interests of the people. — (19)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 647), which explains ‘svadhṛtaḥ’ (which is its reading for sa dhṛtaḥ) as ‘deservedly inflicted’; — in Vīramitrodaya (Rājanīti, p. 292) and also on p. 284; — and in Vivādacintāmaṇi (p. 262), which explains ‘sudhṛtaḥ’ (which is its reading for sa dhṛtaḥ) as ‘properly administered,’ — ‘samīkṣya’ as ‘according to the scriptures’.

 

Comparative notes by various authors:

Yājñavalkya (1.354-356). — ‘When inflicted according to the law, punishment renders happy the entire universe of gods, asuras and men; otherwise it creates disturbance among them. Illegal punishment is destructive of heaven, fame and popularity; legal punishment brings to the king Heaven, fame and victory.’

 

 

VERSE 7.20

Section II - Punishment (daṇḍa)

 

यदि न प्रणयेद् राजा दण्डं दण्ड्येष्वतन्द्रितः ।
शूले मत्स्यानिवापक्ष्यन् दुर्बलान् बलवत्तराः ॥२०॥

yadi na praṇayed rājā daṇḍaṃ daṇḍyeṣvatandritaḥ |
śūle matsyānivāpakṣyan durbalān balavattarāḥ ||20||

 

If the King did not untiringly mete out punishment to those that deserve punishment, the stronger would have boasted the weaker, like fish, on the spit; — (20)

 

Medhātithi’s commentary (manubhāṣya):

If punishment were not inflicted, then the ‘stronger’ — i.e., those possessed of greater strength, or more energetic, or wieding (wielding?) weapons, or being larger in numbers — ‘would have roasted the weaker, like fish, on the spit’; — i.e., just as fish are roasted on spit for food, so would the less powerful, be treated, by the more powerful, by suffering pecuniarily as well as physically, and also by being deprived of their wives and so forth.

For this reason the King should ‘untiringly’ punish those that deserve punishment; and he should not entertain any such notions as — ‘How can I carry on an investigation into this matter,? I shall not punish any one at all.’ — (20)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 648), which explains ‘daṇḍya’ as ‘one who deserves punishment’; — in Virāmitrodaya (Rājanīti, p. 292), — and also on p. 284, where the following explanation is added: — Just as people eat fish after cooking it on the spit, so would the strong injure the weak and take away their riches and other belongings; — and in Vivādacintāmaṇi (p. 263), which explains ‘daṇḍyeṣu’ as ‘those deserving punishment’.

 

Comparative notes by various authors:

Śukranītī (1.129). — ‘If the king is not a perfect guide, his subjects will get into trouble, as a boat without a helmsman sinks in the ocean.

Kāmandaka (1.10). — ‘If a king does not lead his people to the path of rectitude, these are tossed about.’

 

 

VERSE 7.21

Section II - Punishment (daṇḍa)

 

अद्यात् काकः पुरोडाशं श्वा च लिह्याद्द् हविस्तथा ।
स्वाम्यं च न स्यात् कस्मिंश्चित् प्रवर्तेताधरोत्तरम् ॥२१॥

adyāt kākaḥ puroḍāśaṃ śvā ca lihyādd havistathā |
svāmyaṃ ca na syāt kasmiṃścit pravartetādharottaram ||21||

 

The crow would eat the Sacrificial Cake, and the dog would lick the offering-materials; rights of ownership would not remain with any one and there would be a confusion among the high and low. — (21).

 

Medhātithi’s commentary (manubhāṣya):

Even such low animals as the crow, the dog and the like would vie with the gods; and they would come to eat the sacrificial cake and other offering-materials that should have been offered to the gods; — it they were not prevented from all this by means of punishment.

Further, ‘the rights of ownership’ — the relation of possessor and possessed — would not remain, — even between father and son, or between husband and wife; the husband would cease to be the husband of the wife, and women would go about independently by themselves.

‘Confusion among the high and low’; — the ‘low,’ e.g., the Caṇḍāla and the rest, would become ‘high’; and the ‘high’, e.g., the Brāhmaṇa and others, would become ‘low’, succumb to inferiority; Śūdras would come to preach the law, and the Vedic law would cease to be obeyed. — (21).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 648), which explains ‘adharottaram’ as ‘subversion of the natural order of superiority and inferiority;’ — in Vīramitrodaya (Rājanīti, p. 292); — and in Vīvādacintāmaṇi (p. 263), which explains ‘adharottaram’ as ‘the reversal of all standards of superiority and inferiority.’

 

 

VERSE 7.22

Section II - Punishment (daṇḍa)

 

सर्वो दण्डजितो लोको दुर्लभो हि शुचिर्नरः ।
दण्डस्य हि भयात् सर्वं जगद् भोगाय कल्पते ॥२२॥

sarvo daṇḍajito loko durlabho hi śucirnaraḥ |
daṇḍasya hi bhayāt sarvaṃ jagad bhogāya kalpate ||22||

 

It is by punishment that all people are kept under control; for an absolutely guileless man is hard to find; it is through fear of punishment that the world subserves the experiences (of men). — (22).

 

Medhātithi’s commentary (manubhāṣya):

A man who, by his very nature, is ‘guileless’, in matters relating to duty, wealth and pleasures, is ‘hard to find,’ can be met with difficulty. In fact, it is ‘by punishment’ that a man is ‘kept under control’, kept firm in the right path; through fear of it, he does not give free vent to his desires.

‘The world subserves etc.’ — This has been already explained (under 15). — (22)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 286), which adds the explanation that it is difficult to have any one pure by his very nature; in most cases it is only through fear of punishment that people are kept on the right path. — It is quoted again on p. 292; — and in Vivādacintāmaṇi (p. 263).

 

Comparative notes by various authors:

Mahābhārata (12.15.34). — (Same as Manu.)

 

 

VERSE 7.23

Section II - Punishment (daṇḍa)

 

देवदानवगन्धर्वा रक्षांसि पतगोरगाः ।
तेऽपि भोगाय कल्पन्ते दण्डेनैव निपीडिताः ॥२३॥

devadānavagandharvā rakṣāṃsi patagoragāḥ |
te'pi bhogāya kalpante daṇḍenaiva nipīḍitāḥ ||23||

 

It is only when pressed by Punishment that Devas, Dānavas, Gandharvas, Rākṣasas, Birds and Reptiles subserve the experiences (of others). — (23).

 

Medhātithi’s commentary (manubhāṣya):

‘Devas’ — i.e., the God of Rain, of Wind, the Sun and so forth.

‘Subserve the experiences’ — e.g., by periodic heat, cold and rain, help in the development of the herbs and so forth.

All this is due to their being afraid of being punished. If it were not so, why should the Sun and the Moon, or Brahmā and the God of Rain, not swerve from their appointed task? If the Sun were not under some such control, he might not rise at all for two or three days; from fear of punishment, however, he never transgresses the prescribed limits. Says the Śruti text — ‘It is through fear that the Sun shines, it is through fear that the Moon shines, and it is through fear that Fire and Wind (function.)’

That the Dānavas and other evil spirits do not go on destroying the Universe all day and night, is due to the power of punishment. That the birds that adorn households — such as the parrot and the rest — do not take out the eyes of children, — that kites, crows, vultures and eagles do not devour the young children, — this also is due to the same cause.

Reptiles, serpents, abounding as they do, in anger and poison, do not all gather together and sting all living beings, — this also is due to the power of punishment.

For these reasons the text has provided this eulogy on punishment that, when even the extremely powerful gods and the rest, and the non-intelligent things also do not swerve from their appointed path, through fear of punishment, — what to say of human beings!

In this connection the ancients have quoted the following verse — ‘Seeing the humble position of the wild Pāṭala -tree, and the flamboyant floral display of the Kutaja, — by this subversion of relation he laughed (thinking) that even the low-born strikes at an opening’. (?) — (23)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 286), which explains ‘bhogāya kalpante’ as ‘remain fixed on their path.’ — It is quoted again on p. 292; — and in Vivādacintāmaṇi (p. 263).

 

Comparative notes by various authors:

Śukranīti (1.48, 49). — ‘Even gods minister to the wants of him by whom the practice of sticking to one’s own Dharma is increased among men.’

 

 

VERSE 7.24

Section II - Punishment (daṇḍa)

 

दुष्येयुः सर्ववर्णाश्च भिद्येरन् सर्वसेतवः ।
सर्वलोकप्रकोपश्च भवेद् दण्डस्य विभ्रमात् ॥२४॥

duṣyeyuḥ sarvavarṇāśca bhidyeran sarvasetavaḥ |
sarvalokaprakopaśca bhaved daṇḍasya vibhramāt ||24||

 

All the castes would become corrupt, all barriers would be broken through, and there would be disruption among all the regions, — if there were any mistakes in regard to punishment. — (24).

 

Medhātithi’s commentary (manubhāṣya):

‘Mistakes regarding punishment’ — i.e., its non-infliction, or its infliction in an unlawful manner. If there were any such, then ‘all the castes would become corrupt’; as unrestricted intercourse would lead to a confusion of castes.

‘Barriers’ — bounds — ‘would be broken through’; — all restrictions would disappear; Brāhmaṇas would behave like Śūdras and Śūdras like Brāhmaṇas. In this manner ‘there would be disruption among all regions; — i.e., the three regions would not help each other by imparting rain, heat and the rest. — (24)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 286), which adds the following notes: — ‘Duṣyeyuḥ’ — ‘men of the lower castes would have intercourse with women of the higher ones and thus give birth to improperly mixed-castes ’; and on this same account ‘all bounds of propriety indicated by the scriptures would be broken down.’ It is quoted again on p. 293; — and in Vivādacintāmaṇi (p. 263), which explains ‘vibhrama’ as ‘non-infliction’ or ‘wrong infliction’ (of punishment).

 

Comparative notes by various authors:

Śukranīti (1.50). — ‘The king should make his subjects acquire the habit of sticking to their own duty; he himself should stick to his own Dharma’

 

 

VERSE 7.25

Section II - Punishment (daṇḍa)

 

यत्र श्यामो लोहिताक्षो दण्डश्चरति पापहा ।
प्रजास्तत्र न मुह्यन्ति नेता चेत् साधु पश्यति ॥२५॥

yatra śyāmo lohitākṣo daṇḍaścarati pāpahā |
prajāstatra na muhyanti netā cet sādhu paśyati ||25||

 

Where dark-complexioned and red-eyed Punishment stalks about, destroying sins, there the people are not misled, provided that the Governor discerns rightly. — (25)

 

Medhātithi’s commentary (manubhāṣya):

These two are most praiseworthy for men (?). The author eulogises punishment by means of an imaginary metaphor.

Punishment is of two kinds — one kind inspires fear, and another brings pain; the former is indicated by the ‘dark completion’ and the latter by the ‘red eyes’.

The praise of punishment has been furnished.

Punishment should be inflicted, but with due consideration of the exigencies of time, place &c. Apart from this all else is purely commendatory.

‘Provided that the governor — he who metes out the punishment — ‘discerns rightly’; i.e., rules over the people after due consideration of time, place &c.; — ‘the people are not misled’ — do not become affected by any evil. — (25).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara, (p. 646), which adds the following explanation: — ‘In the kingdom where the dark-complexioned red-eyed Personification of Punishment is active, the people prosper, — provided that the administrator, the ruler, judges rightly’; — and in Vivādacintāmāṇi (p. 261), which explains ‘netā......paśyati’, ‘if the administator of justice judges rightly.’

 

Comparative notes by various authors:

Mahābhārata (12.15.11). — (Same as Manu.)

Viṣṇu (3.95). — ‘Where punishment with a black hue and red eyes advances with irresistible might, the king deciding causes justly, — there the people will prosper.’

 

 

VERSE 7.26

Section II - Punishment (daṇḍa)

 

तस्याहुः सम्प्रणेतारं राजानं सत्यवादिनम् ।
समीक्ष्यकारिणं प्राज्ञं धर्मकामार्थकोविदम् ॥२६॥

tasyāhuḥ sampraṇetāraṃ rājānaṃ satyavādinam |
samīkṣyakāriṇaṃ prājñaṃ dharmakāmārthakovidam ||26||

 

They declare that King to be the just governor who is truth ful of speech, who acts after due consideration, who is wise and who knows the essence of virtue, pleasure and wealth. — (26)

 

Medhātithi’s commentary (manubhāṣya):

The justness of the governor consists in the following qualities — (a) truthfulness, (b) the habit of doing things after due consideration, (c) wisdom and (d) a true discernment of the three aims of man.

‘Truthful of speech’ — he who, having inflicted the punishment in due accordance with Law, does not enhance it on becoming apprised of the fact of the culprit being a very wealthy person, — or does not reduce it through considerations of friendship towards him.

‘Wise’ — he who fully understands the mutual effects of time, place &c and their special relations; sometimes the effect of the time is nullified by that of place, and vice-versa; or both these are nullified by considerations of Learning and Power; and who also recognises the special relations among them, as regards their wider or more restricted application. Under certain circumstances what has been the nullifier before becomes the nullified. So that wisdom is necessary for the proper discernment of this; and also for recognising the relative importance or non-importance of virtue, pleasure and wealth. For instance, if it is found that the acquiring of a little virtue would lead to a great evil (discomfort or loss of wealth), that virtue may be abandoned; and this abandonment may be expiated by penances. — (26).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 647) which explains ‘samīkṣya kāriṇam’ as ‘one who acts after due consideration of the exigencies of time and place.’; — and in Vivādacintāmaṇi (p. 262), which adds the same explanation of ‘samīkṣya kāriṇam.’

 

Comparative notes by various authors:

Kāmandaka (1.49). — ‘From a strict observance of scriptural injunctions and interdictions, wealth is acquired; from wealth proceeds desire; and the fruition of desires brings happiness. He who does not indulge in the reasonable enjoyment of these three objects destroys these, and also his own self.’

Do. (2.16). — ‘By the right administration of justice the king should protect himself and encourage the branches of knowledge. The science of government benefits mankind directly and the king is its preserver.’

Do. (2.25). — ‘Punishments dealt out proportionately to offences increase the Trivarga of the king; disproportionate punishment excites anger even in Renunciates.’

Gautama (11.2). — ‘The king shall be pure in acts and speech.’

Yājñavalkya. (1.308-309). — ‘The king shall be modest, endowed with virility, of noble family, truthful in words, pure, non-procrastinating, with keen memory, not. mean and not cruel; righteous, not addicted to evil habits, intelligent, brave, conversant with secrets.’

 

 

VERSE 7.27

Section II - Punishment (daṇḍa)

 

तं राजा प्रणयन् सम्यक् त्रिवर्गेणाभिवर्धते ।
कामात्मा विषमः क्षुद्रो दण्डेनैव निहन्यते ॥२७॥

taṃ rājā praṇayan samyak trivargeṇābhivardhate |
kāmātmā viṣamaḥ kṣudro daṇḍenaiva nihanyate ||27||

 

The King who metes out punishment in the proper manner prospers in respect of his three aims; he who is blinded by affection, unfair, or mean is destroyed by that same punishment. — (27).

 

Medhātithi’s commentary (manubhāṣya):

‘Blinded by affection’ — he who is unduly influenced by love.

‘Unfair’ — inclined to be irascible. The King prospers if he metes out punishment on a friend or a foe in the same impartial spirit.

‘Mean’ — inclined to take undue advantage.

‘Is destroyed by that same punishment’ — either through evil passions aroused among the people, or through some imperceptible effects. — (27).

 

Explanatory notes by Ganganath Jha:

‘Viṣamaḥ’ — ‘Irascible’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘partial’ (Nārāyaṇa).

This verse is quoted in Vivādaratnākara, (p. 647), which explains ‘samyak’ as ‘with due deliberation,’ — ‘kāmātmā’ as ‘one who acts just as he pleases’ — and ‘Viṣamaḥ’ as ‘adopting the wrong course by reason of partiality;’ — and in Vivādacintāmaṇi’ (p. 262), which explains ‘Kāmātmā’ as ‘if the king acts as he pleases,’ and ‘Viṣamaḥ’ as ‘acting wrongly through partiality or prejudice.’

 

Comparative notes by various authors:

Kāmandaka (2.41). — ‘A king, by the right inflicting of punishments, upholds this stayless world.’

Kāmandaka (1.11-13). — ‘A righteous king protecting his subjects to the best of his resources and having the power of capturing hostile cities, should be held in as high a regard as the god Prajāpati himself. A sovereign discharging his duties according to the rules of polity soon secures the three ends for himself and for his people; acting otherwise, he is sure to ruin himself and his people.’

Do. (2.36). — ‘Tho self-controlled king holds the key to the spiritual and material advancement of himself and bis people; therefore he should mete out punishments impartially.’

Yājñavalkya (1.354-356). — (See under 19.)

Arthaśāstra (p. 32). — ‘The Teachers have declared that for the king there is no other means save punishment for the subjugating of living beings. Such is not the view of kauṭilya; for if a king is very severe in his punishments, the people become discontented; if he is very lenient, he is disregarded; he is respected only when he inflicts punishment impartially in the right manner. If intelligently administered, punishment brings prosperity and happiness to the people; if improperly administered, through ignorance, or greed, or anger, it angers even Hermits and Renunciates; what to say of Householders? The people consisting of the four castes and orders is protected by the king through punishment.’

 

 

VERSE 7.28

Section II - Punishment (daṇḍa)

 

दण्डो हि सुमहत्तेजो दुर्धरश्चाकृतात्मभिः ।
धर्माद् विचलितं हन्ति नृपमेव सबान्धवम् ॥२८॥

daṇḍo hi sumahattejo durdharaścākṛtātmabhiḥ |
dharmād vicalitaṃ hanti nṛpameva sabāndhavam ||28||

 

Punishment, which is a tremendous force, hard to be controlled by persons with undisciplined minds, destroys the King who has swerved from duty, along with his relatives. — (28).

 

Medhātithi’s commentary (manubhāṣya):

Punishment is a tremendous force; and it cannot be properly administered by persons who have not been disciplined by the study of the scriptures and the service of teachers, or by inborn humility.

One should not entertain the idea that ‘punishment can be meted out by mere word of command, and there is no difficulty in controlling it; because if a King is not careful with regard to it, and does not devote special attention to it, he commits mistakes, and is, on that account, destroyed by the Punishment, along with hi relatives. The King is struck down not only physically by himself, but along with his whole family of sons and grandsons. — (28).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 647) which adds that punishment is called ‘sumahattejaḥ’ in the sense that it is extremely sharp; — and in Vivādacintāmaṇi (p. 262), which says that ‘bāndhava’ here stands for the son, — and that ‘sumahat tejaḥ’ refers to its forcible character.

 

 

VERSE 7.29

Section II - Punishment (daṇḍa)

 

ततो दुर्गं च राष्ट्रं च लोकं च सचराचरम् ।
अन्तरिक्षगतांश्चैव मुनीन् देवांश्च पीडयेत् ॥२९॥

tato durgaṃ ca rāṣṭraṃ ca lokaṃ ca sacarācaram |
antarikṣagatāṃścaiva munīn devāṃśca pīḍayet ||29||

 

Then it will afflict his fortress and kingdom, the world along with movable and immovable things, as also the sages and the gods inhabiting the heavenly regions. — (29)

 

Medhātithi’s commentary (manubhāṣya):

When Punishment is inflicted without due consideration of time, place &c., there is destruction of the whole kingdom along with the King and together with all animals and immovable things. Hence the King has to be warned of this by his ministers and his people; or these latter should leave the kingdom.

The sages and the gods are also afflicted: — the gods live upon offerings made by the inhabitants of the earth; hence when, on account of the disruption of the kingdom, there is no proper performance of sacrificial acts &c., the gods and the sages are as good as ‘destroyed.’ Says the author of the Purāṇas —

‘Whatever is done by persons of the various castes and stages, that has been declared to be the source of maintenance for persons of divine origin in heaven and the other regions’.

The upshot of all that has been said from the first verse to this is as follows: — ‘The kingdom has got to be ruled by a Kṣatriya of impartial mind; — this cannot be done without punishment; hence this should be meted out, in his own kingdom as also elsewhere, in strict accordance with the Law, after a full investigation of the exigencies of time and place &c., relating to each case; — if it is inflicted otherwise, there is destruction of both worlds.’

The rest of it all is purely a commendatory supplement. — (29)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 647), which explains ‘tataḥ’ as ‘after destroying the king along with his relations’; — and in Vivādacintāmaṇi (p. 262), which explains ‘tataḥ’ as ‘after destroying the king and his bāndhavas.’

 

 

VERSE 7.30 [The King’s Assistants (sahāya)]

Section III - The King’s Assistants (sahāya)

 

सोऽसहायेन मूढेन लुब्धेनाकृतबुद्धिना ।
न शक्यो न्यायतो नेतुं सक्तेन विषयेषु च ॥३०॥

so'sahāyena mūḍhena lubdhenākṛtabuddhinā |
na śakyo nyāyato netuṃ saktena viṣayeṣu ca ||30||

 

Punishment cannot be justly administered by one who has no assistant, or who is demented, or who is avaricious, or whose mind is not disciplined, or who is addicted to sensual objects. — (30)

 

Medhātithi’s commentary (manubhāṣya):

The present section is taken up for the purpose of indicating the necessity of associating assistants with one’self (one’s self?).

A King who is not helped by assistants, in the shape of able councillors, army-commanders, administrators of justice, — all which are going to be described, — cannot justly administer punishment alone by himself; even though he be fully endowed with all necessary qualities of justice and expediency. ‘Justice’ consists in decision that is in due accordance with Law and is in keeping with the peculiarities of time, place &c.

For this reason it is necessary for the King to employ properly qualified assistants.

The meaning is that punishment cannot be justly administered by the King without assistants, — just as it cannot be administered by one who is foolish or demented, or whose mind is not properly trained, or who is addicted to sensual objects, or is avaricious — and hence confiscates people’s property in an unjust manner. It can be rightly administered only by persons possessed of qualities that are tṇe reverse of these. — (30).

This same idea is expressed obversely in the next verse.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 647), which explains ‘mūḍhena’ as ‘devoid of right imagination’, — and ‘akṛtabuddhinā’ as ‘one who has not learnt the scriptures’; — and in Vivādacintāmaṇi (p. 262), which explains ‘mūḍhena’ as ‘Licking imagination,’ — and ‘akṛtabuddhinā,’ as ‘ignorant of the scriptures.’

 

 

VERSE 7.31

Section III - The King’s Assistants (sahāya)

 

शुचिना सत्यसन्धेन यथाशास्त्रानुसारिणा ।
प्रणेतुं शक्यते दण्डः सुसहायेन धीमता ॥३१॥

śucinā satyasandhena yathāśāstrānusāriṇā |
praṇetuṃ śakyate daṇḍaḥ susahāyena dhīmatā ||31||

 

Punishment can be administered by one who is pube, who is true to his word, who acts according to the Law, who has good assistants and is wise. — (31)

 

Medhātithi’s commentary (manubhāṣya):

‘Pure’ — not covetous.

‘True to his word’ — who attaches great importance to truth; who, in all his acts, places truth in the fore-front; which means that he has his senses under control; for how can there be any truthfulness in one whose senses are not subdued?

‘Who acts according to the Law’, — ‘who has good assistants whose assistants are properly qualified; i.e., assisted by such assistants as are not illiterate, and who are devoted to him.

‘Wise’ — intelligent; — this is the reverse of the ‘demented’ person mentioned in the preceding verse.

Thus he who is equipped with these five qualities, and free from the corresponding five contrary qualities, is the person entitled to administer punishment, and to partake of the visible (physical) and invisible (moral) results proceeding therefrom. Such is the sense of these two verses. — (31).

 

Explanatory notes by Ganganath Jha:

‘Satyasandhaḥ’ — ‘Regarding Truth as predominant’ (Medhātithi); — ‘faithful to his promise’ (Govindarāja, Kullūka and Rāghavānanda).

This verse is quoted in Vivādaratnākara (p. 647); — and in Vivādacintāmaṇi (p. 262).

 

Comparative notes by various authors:

Gautama (11.4). — ‘The king shall be pure, of subdued senses, surrounded by companions possessing excellent qualities and by the means of upholding his rule.’

Yājñavalkya (1.310). — ‘He shall appoint ministers who are intelligent, hereditarily connected, firm and pure.’

Kāmandaka (2.37). — ‘inflicting extraordinarily heavy punishments, the king frightens his people; and inflicting light ones, he ceases to be feared. That king deserves praise who deals out punishment proportionate to the offence.’

 

 

VERSE 7.32 [Duties of the King]

Section IV - Duties of the King

 

स्वराष्ट्रे न्यायवृत्तः स्याद् भृशदण्डश्च शत्रुषु ।
सुहृत्स्वजिह्मः स्निग्धेषु ब्राह्मणेषु क्षमान्वितः ॥३२॥

svarāṣṭre nyāyavṛttaḥ syād bhṛśadaṇḍaśca śatruṣu |
suhṛtsvajihmaḥ snigdheṣu brāhmaṇeṣu kṣamānvitaḥ ||32||

 

In his own kingdom he shall be of just behaviour, and on his enemies he shall inflict rigorous chastisement; with loved friends he shall be straightforward and towards Brāhmaṇas tolerant. — (32)

 

Medhātithi’s commentary (manubhāṣya):

The name ‘own kingdom’ is based upon the fact of the territory having been inherited from one’s forefathers; e.g., Kāśmīra would be ‘own kingdom’ for the King of Kāśmira, Pāñcāla would be ‘own Kingdom’ tor the King of Pāñcāla; and so forth Therein ‘he shall be of just behaviour’, i.e., act with justice; — he who behaves with justice is said to be ‘of just behaviour’; the compound being expounded as a Bahuvrīhi.

‘Nyāyavṛttiḥ’ is another reading.

The foregoing clause having reiterated what has been already enjoined before, the Author enjoins ‘rigorous chastisement’ towards enemies. The sense is that he shall attack the enemy’s territories outright, not waiting for any such favourable opportunity as the enemy being beset with difficulties or attacked by other kings. By acting thus, the king acquires a glamour of glory; and to one who has attained this glamour, the enemies bow down.

Towards all Brāhmaṇas, he shall be ‘tolerant’; i.e., even when they have committed an offence, punishment shall be meted out to them in a merciful, and not a revengeful, spirit.

When a king is attacking another kingdom, he does not destroy the inhabitants of that realm, if it is at all possible to save them.

Towards ‘loved friends’ he shall be ‘straightforward’ — free from duplicity. One who helps in the accomplishment of the king’s business, and who regards his business as his own and who looks upon his prosperity and adversity as his own, is his ‘loved friend’. — (32).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 121).

 

Comparative notes by various authors:

Kāmandaka (4.15-19). — ‘Eloquence, self-confidence, accuracy of memory, stateliness of stature, superior might, self-control, ingenuity in inventing means and instruments of torture, perfection in all arts, ability to reclaim men from evil ways, power of sustaining assaults from enemies, knowledge of remedies against danger, promptness in detecting the weak points of the enemy, familiarity with the nature of war and peace, strict observance of secrecy regarding all counsel and action, proficiency in utilising place and time, collection of money and its proper expenditure, deep insight into the nature of dependants, freedom from anger, avarice, fear, malice, obstinacy and fickleness — avoidance of tyranny, depravity, animosity, jealousy and falsehood, — compliance with the advice of elders, — learning, energy, amiable appearance, appreciation of people’s worth and smiling words; — these are the indispensable qualifications of a sovereign.’

Do. (6.8). — ‘Thus knowing what is just and what unjust, and abiding by the decrees of the pious, the king should cherish his subjects and should oxtirpate his adversaries.’

Do. (14.13). — ‘A king hard in inflicting punishment excites the people; thus harassed, they seek the protection of the enemy.’

Viṣṇu (3.96). — ‘In his own domain, the king shall inflict punishments according to justice, chastise foreign foes with rigour, behave without duplicity to his affectionate friends and with lenience towards Brāhmaṇas.’

Arthaśāstra (p. 31). — ‘Sticking to one’s own duty leads to Heaven and Immortality; neglecting thereof leads to confusion and ruin. Therefore the king shall never disturb the specific duties of living beings. By remaining firm in his own duty, he is happy here as also after death; the people are contented, never discontented, if the rules of gentility are duly observed, and if they are protected according to the three Vedas.’

Yājñavalkya (1.333). — ‘To his dependants and to his people, the king shall be as father; lenient towards Brāhmaṇas, straightforward to his affectionate friends, rigorous towards enemies.’

Śukranīti (1.52-54). — ‘From the very moment that a man attains the position of a king through skill, might or valour, — no matter whether he is anointed or not, — he should begin to rule his subjects according to law, being above hoard and ever holding his sceptre.’

Do. (1.59.62). — ‘The king who protects his people and is charitable......is called Sāttvika and attains salvation.’

 

 

VERSE 7.33

Section IV - Duties of the King

 

एवंवृत्तस्य नृपतेः शिलोञ्छेनापि जीवतः ।
विस्तीर्यते यशो लोके तैलबिन्दुरिवाम्भसि ॥३३॥

evaṃvṛttasya nṛpateḥ śiloñchenāpi jīvataḥ |
vistīryate yaśo loke tailabindurivāmbhasi ||33||

 

For the King who behaves thus, even though he may subsist up on gleanings, his fame spreads in the world, like the drops of oil on water. — (33)

 

Medhātithi’s commentary (manubhāṣya):

This is a praise of the conduct described.

‘Even though he may subsist on gleanings’ — i.e., even though his treasure be empty.

‘His fame spreads’ — becomes well known. And as a result of this, other kingdoms submit to him, and people of his own kingdom, through love for him, reuse to deviate from the path of duty. — (33)

 

Comparative notes by various authors:

Viṣṇu (3.97). — ‘Of a king thus disposed, oven though he subsist by gleaning, the fame is far spread in the world, like a drop of oil in water.’

 

 

VERSE 7.34

Section IV - Duties of the King

 

अतस्तु विपरीतस्य नृपतेरजितात्मनः ।
सङ्क्षिप्यते यशो लोके घृतबिन्दुरिवाम्भसि ॥३४॥

atastu viparītasya nṛpaterajitātmanaḥ |
saṅkṣipyate yaśo loke ghṛtabindurivāmbhasi ||34||

 

But for the King who deviates from it having no control over himself, his fame diminishes in the world, like the drop of clarified butter on water. — (31)

 

Medhātithi’s commentary (manubhāṣya):

‘He who deviates’ — swerves — from the aforesaid behaviour — and the reason for this is that he has ‘no control over himself’ — i.e., who has not disciplined his mind in the manner prescribed in the scriptures. — (34)

 

Comparative notes by various authors:

Śukranīti (1.64-68). — ‘The miserable king who is not compassionate and is mad through passions......attachment to sensuous objects......who is not uniform in thought, word and deed......is called Rājasa and is born as a low animal.’

 

 

VERSE 7.35

Section IV - Duties of the King

 

स्वे स्वे धर्मे निविष्टानां सर्वेषामनुपूर्वशः ।
वर्णानामाश्रमाणां च राजा सृष्टोऽभिरक्षिता ॥३५॥

sve sve dharme niviṣṭānāṃ sarveṣāmanupūrvaśaḥ |
varṇānāmāśramāṇāṃ ca rājā sṛṣṭo'bhirakṣitā ||35||

 

The King has been created the protector of all castes and orders, who, in due order, are intent upon their respective duties. — (35).

 

Medhātithi’s commentary (manubhāṣya):

The King has been created as the protector of people intent upon their duties; so that if the King fails to protect those who are engaged in their duties, he incurs sin: on the other hand, if those who have swerved from their duty happen to be attacked by some person, this would not entail any grievous offence on the part of the King. This is what is meant by the phrase ‘respective duties’

Or, the passage may he construed as containing a negative particle prefixed to the term ‘niviṣṭānām’, which is to be read as ‘a-niviṣṭanam’, ‘not conversant.’ The meaning in this case would be that ‘the king shall not adopt a hostile attitude towards those persons who are not conversant with their duties through the scriptures or through the advice of friends and others’.

The term ‘caste’ has been added for the purpose of securing protection for women and children also, — these not belonging to any ‘order.’

In that case why should the orders have been mentioned?”

It is for the purpose of indicating their predominance that they have been separately mentioned; the expression being analogous to such expressions us ‘Brāhmaṇa-Vāśiṣṭha (the Brāhmaṇas and those of the race of Vaśiṣṭha, where the latter, though included among ‘Brāhmaṇas’ are mentioned separately with a view to indicate their importance).

Or, the particular form of the expression may have been adopted for the purpose of indicating the motive (of protection); the sense being that they should be protected in such a way that they do not deviate from their duties in the shape of proceeding from stage to stage, saying of the Twilight Prayers and so forth; in the performance of their ordinary duties they shall not be permitted to be struck with a stick etc. by other people, for if this protection were not vouchsafed, there would be no end to troubles and difficulties. This is the ‘protection’ that is meant here.

Nor should people be allowed to interfere with the fulfilment of such caste-duties as the saying of the Twilight Prayers and the like. Thus a twofold duty rests upon the King; hence the mention of both ‘castes’ and ‘orders.’

This is what is meant by the words of Gautama — ‘He shall protect according to Law, the castes and orders’ (11-9). — (35).

 

Comparative notes by various authors:

Kāmandaka (2.35). — ‘The king promoting the Varṇas and Āśramas and living according to these usages, and knowing their duties, becomes worthy of a place in Indra’s heaven.’

Matsyapurāṇa (Vīramitrodaya-Rāja, p. 121), — ‘The highest duty of the king consists in keeping all the castes fixed to their respective duties; hence he should devote his attention to that. Those who have deviated from their duties, the king shall make revert thereto.’

Viṣṇu (Vīramitrodaya-Rāja, p. 121). — ‘Keeping all the castes firm in their duties.’

 

 

VERSE 7.36

Section IV - Duties of the King

 

तेन यद् यत् सभृत्येन कर्तव्यं रक्षता प्रजाः ।
तत् तद् वोऽहं प्रवक्ष्यामि यथावदनुपूर्वशः ॥३६॥

tena yad yat sabhṛtyena kartavyaṃ rakṣatā prajāḥ |
tat tad vo'haṃ pravakṣyāmi yathāvadanupūrvaśaḥ ||36||

 

Whatever should be done by him and his servants, for the protecting of his people, all that I am going to explain to you precisely and in due order — (36)

 

Medhātithi’s commentary (manubhāṣya):

This verse is indicative of what is going to be expounded.

By the King and his ‘servants’ — i.e., his assistants — whatever has to be done for the protection of his people, that is now going to be described. — (36).

 

 

VERSE 7.37

Section IV - Duties of the King

 

ब्राह्मणान् पर्युपासीत प्रातरुत्थाय पार्थिवः ।
त्रैविद्यवृद्धान् विदुषस्तिष्ठेत् तेषां च शासने ॥३७॥

brāhmaṇān paryupāsīta prātarutthāya pārthivaḥ |
traividyavṛddhān viduṣastiṣṭhet teṣāṃ ca śāsane ||37||

 

After rising in the morning, the King shall wait upon the Brāhmaṇas, who are accomplished students of the Threefold Science and learned; and shall follow their advice. — (37)

 

Medhātithi’s commentary (manubhāṣya):

‘In the morning, having risen’ — having left the bed and having said the Twilight Prayers in the prescribed manner, — he shall, first of all, grant an audience to the Brāhmaṇas.

‘Waiting upon’ stands for making them sit dose by and making enquiries regarding their welfare.

The prefix ‘pari’ has been added only for the filling up of the metre.

‘Shall follow their advice’. If they should happen to press for a favour for some one, their motive should not be suspected, nor should anything wrong be done.

‘Accomplished students of the Threefold Science’. The aggregate of the three Vedas is called ‘Threefold Science’: those who have studied these are called ‘students of the Threefold Science’, i.e., those who have studied the Ṛgveda, the Yajurveda and the Sāmaveda.

‘Learned’ — Those who know what is contained in the Vedas.

The King shall wait upon Brāhmaṇas thus qualified; and shall act up to their behests.

‘Accomplished’ — those who are the best, possessed of the most excellent qualifications, among them, in regard to the said knowledge and learning. — (37).

 

Explanatory notes by Ganganath Jha:

‘Viduṣaḥ’ — ‘Those who know the meaning of the Vedas’ (Medhātithi); — ‘learned in the Sciences of Polity and the like’ (Kullūka).

This verse is quoted, along with verses 38 to 42, in Rājanītiratnākara (p. 56).

 

Comparative notes by various authors:

Viṣṇu (3.76). — ‘He should constantly show reverence to the gods and to the Brāhmaṇas.’

Arthaśāstra (p. 10). — ‘He shall fix upon the Teachers and the Ministers as checks upon himself; as these would save him from improper positions and would regulate his activities by indicating the passage of time by means of shadows or time-sticks. Kingship is dependent upon assistant; a chariot never moves on a single wheel; therefore the king shall appoint ministers and listen to their opinions.’

 

 

VERSE 7.38

Section IV - Duties of the King

 

वृद्धांश्च नित्यं सेवेत विप्रान् वेदविदः शुचीन् ।
वृद्धसेवी हि सततं रक्षोभिरपि पूज्यते ॥३८॥

vṛddhāṃśca nityaṃ seveta viprān vedavidaḥ śucīn |
vṛddhasevī hi satataṃ rakṣobhirapi pūjyate ||38||

 

Every day he shall wait upon elderly persons, Brāhmaṇas, pure and learned in the Vedas; he who constantly waits upon elderly persons is honoured even by Rākṣasas. — (38)

 

Medhātithi’s commentary (manubhāṣya):

‘Elderly’ — aged — Brāhmaṇas. This alone is something new enjoined here; all the rest of it, ‘Brāhmaṇas’ and so forth, is what has been already declared before.

‘Pure’ — free from defects. This also is something new; the meaning being that ‘purity’ is as good a reason for being honoured as ‘knowledge and learning.’

The second half of the verse is purely commendatory.

‘By Rākṣasas’ — As a rule, Rākṣasas are pitiless, very powerful and devoid of all virtues; and yet. even these honour the person who waits upon elderly men. — (38).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 119), which adds the following notes: — ‘vṛddhān’ as ‘advanced in age, be they Brāhmaṇas or non-Brāhmaṇas’; — ‘viprān’ and ‘vedavidaḥ’ have been already explained ‘śucīn’ is ‘free from guile’; — Medhātithi adds that this qualification also is one that has not been mentioned elsewhere; but Kullūka Bhaṭṭa holds that all the rest are only qualifications of ‘viprān’ [so that Brāhmaṇas alone are meant]; — the meaning of the second line is that ‘the king is respected also by those reckless, merciless ruffians who are devoid of all virtues, not say by ordinary people.’

 

Comparative notes by various authors:

Kāmandaka (1.60). — ‘A king serving elderly persons is held in high esteem by the pious; though induced by vile men, he commits no vile deeds.’

Viṣṇu (3.77). — ‘He should honour the aged.’

 

 

VERSE 7.39

Section IV - Duties of the King

 

तेभ्योऽधिगच्छेद् विनयं विनीतात्माऽपि नित्यशः ।
विनीतात्मा हि नृपतिर्न विनश्यति कर्हि चित् ॥३९॥

tebhyo'dhigacched vinayaṃ vinītātmā'pi nityaśaḥ |
vinītātmā hi nṛpatirna vinaśyati karhi cit ||39||

 

Though his mind be already disciplined, he shall always learn discipline from them; the King with a disciplined mind never perishes. — (39).

 

Medhātithi’s commentary (manubhāṣya):

The use of waiting upon elderly men is next described,

‘From them’ — from the learned Brāhmaṇas — ‘he shall learn discipline’ — the proper kingly behaviour.

‘Though his mind be already disciplined’; — though he may be already disciplined by his own will, or by the proper study of political science, — yet he should carefully attend to the advice of elderly persons; because men with practical experience are better experts than those possessing only theoretical knowledge. Or even though highly trained, he shall train his mind under elderly qualified men, for the purpose of making his aptitude keener. Just as gold, even though pure by its nature, becomes purer and brighter to look at when it undergoes purification by being put in lire.

The reward of this discipline is that the King never perishes — (39)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 119), as describing the results proceeding from doing what is prescribed in the preceding verse; it adds the notes that ‘even though the king be already well-disciplined, yet he should learn discipline further, for the purpose of securing greater efficiency.’

 

Comparative notes by various authors:

Kāmandaka (1.20). — ‘Humility is synonymous with thorough control over the senses. One possessing it becomes learned in the Śāstras.’

Arthaśāstra (8.34). — ‘Punishment brings about security of life and property only when it is based upon discipline. Discipline is of two kinds — artificial and natural. Learning disciplines only such a man as has his intelligence duly cultivated through service, listening to teachings, carrying them in memory, and knowledge of reasonings and arguments.’

Śukranīti (1.101). — ‘Discipline is the chief thing for the king; this comes through the dictates of Śāstra; it gives mastery over the senses.’

 

 

VERSE 7.40

Section IV - Duties of the King

 

बहवोऽविनयात्नष्टा राजानः सपरिच्छदाः ।
वनस्था अपि राज्यानि विनयात् प्रतिपेदिरे ॥४०॥

bahavo'vinayātnaṣṭā rājānaḥ saparicchadāḥ |
vanasthā api rājyāni vinayāt pratipedire ||40||

 

Many Kings, along with their belongings, have perished through want of discipline; while, on account of discipline, many, even though living in forests, have obtained Kingdoms. — (40).

 

Medhātithi’s commentary (manubhāṣya):

What has been stated above is further emphasised by means of the next three verses.

Undisciplined kings, have perished ‘along with their belongings’. ‘Belongings’ stand for the son, wife, elephants, horses and so forth.

On the other hand, those who are disciplined never lose their kingdom, after having got it; in fact even when living far off in the forest, and hence devoid of any treasure &c., they have obtained kingdoms.’ — (40).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 119).

 

 

VERSE 7.41

Section IV - Duties of the King

 

वेनो विनष्टोऽविनयात्नहुषश्चैव पार्थिवः ।
सुदाः पैजवनश्चैव सुमुखो निमिरेव च ॥४१॥

veno vinaṣṭo'vinayātnahuṣaścaiva pārthivaḥ |
sudāḥ paijavanaścaiva sumukho nimireva ca ||41||

 

It was through want of discipline that Vena perished, as also King Nahuṣa, Sudās, Paijavana, Sumukha and Nimi. — (41)

 

Medhātithi’s commentary (manubhāṣya):

In support of both assertions they cite instances of well-known Kings. The stories of these Kings are to be learnt from the Mahābhārata. — (41)

 

 

VERSE (42)

But through discipline pṛthu and manu obtained kingdoms, kubera obtained the lordship of wealth and the son of gādhi attained brāhmaṇahood. — (42)

‘The son of Gadhi (Gādhi?) attained Brāhmaṇahood.’ —

Objection — “In connection with the subject of Kings and kingdoms, where was the occasion for citing an instance of the attaining of Brāhmaṇahood? It was necessary to cite cases of the obtaining of kingdoms only, as was done in the first half of the verse.”

Our answer is that as a matter of fact a higher caste is more difficult to attain than sovereignty over riches; because the higher caste carries with it all its privileges.

Objection — “But how can, vinaya, discipline, be the cause of that? ‘Discipline’ consists in such qualifications as — the proper employment of the six means of success, alertness, thrift, non-avariciousness, freedom from evil habits, and so forth; and not

 

Explanatory notes by Ganganath Jha:

“Vena is often taken as a type of an undisciplined king. He was the son of Sunīthā and father to Pṛthu......Nahuṣa, son of Āyuṣ (the Mahābhārata I and V), was ruined by love and ambition... Sudās was king at the time of the great Vaśiṣṭha, and a leader of the Tṛtsu (Ṛgveda VII. 18)... Sumukha is unknown to me. Nimi is said to be a Videha king” — Hopkins.

Gharpure notes the following references to the Mahābhārata; — (1) Droṇaparva (69); — (2) Śāntiparva (28-137, 58-102); — (3) Ādiparva (63-5, 69-29); — (4) Udyogaparva (101-12); — (5) Bhīṣmaparva (6-14); — (6) Sabhā-parva (8-9). These are meant to refer respectively to the six kings mentioned in the text.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 119), which notes that Sudāsa was the son of Paijavana.

 

Comparative notes by various authors:

Gautama (It. 3). — ‘The king shall be fully instructed in the threefold science and in Logic.’

Yājñavalkya (1. 310). — ‘Fully instructed in Logic, in Political Science, in Agricultural Science and in the Threefold Science (Vedas).’

Arthasāstra (pp. 34-35). — ‘The discipline of the sciences is obtained through the authority of the professors of each; for the sake of this discipline one should always remain in constant touch with those learned in the sciences.’

Kāmandaka (1.59,03,66). — ‘Association with the Preceptor bestows knowledge of the scriptures; knowledge of the scriptures increases humility. A king who is modest under culture never sinks under calamities. A king well-versed in polity, practising self-control, very soon attains to that shining pitch of prosperity that has been attained by other divine kings. The Preceptor is worshipped for the acquisition of learning; learning which has been mastered becomes instrumental in enhancing the prudence of the illustrious; and the habit of acting by prudence leads to prosperity.’

 

 

VERSE 7.42

Section IV - Duties of the King

 

पृथुस्तु विनयाद् राज्यं प्राप्तवान् मनुरेव च ।
कुबेरश्च धनैश्वर्यं ब्राह्मण्यं चैव गाधिजः ॥४२॥

pṛthustu vinayād rājyaṃ prāptavān manureva ca |
kuberaśca dhanaiśvaryaṃ brāhmaṇyaṃ caiva gādhijaḥ ||42||

 

But through discipline Pṛthu and Manu obtained kingdoms, Kubera obtained the lordship of wealth and the son of Gādhi attained Brāhmaṇahood. — (42)

 

Medhātithi’s commentary (manubhāṣya):

‘The son of Gadhi (Gādhi?) attained Brāhmaṇahood.’ —

Objection — “In connection with the subject of Kings and kingdoms, where was the occasion for citing an instance of the attaining of Brāhmaṇahood? It was necessary to cite cases of the obtaining of kingdoms only, as was done in the first half of the verse.”

Our answer is that as a matter of fact a higher caste is more difficult to attain than sovereignty over riches; because the higher caste carries with it all its privileges.

Objection — “But how can, vinaya, discipline, be the cause of that? ‘Discipline’ consists in such qualifications as — the proper employment of the six means of success, alertness, thrift, non-avariciousness, freedom from evil habits, and so forth; and not one of these can be the cause of bringing about Brāhmaṇahood. In fact Austerity has been declared to be the cause of that, in such texts as — ‘Viśvāmitra practised austerities with the view that he may not remain the son of a non-sage’ and so forth.”

Our answer is as follows: — The ‘Naya’, ‘conduct’, here spoken of (as ‘Vinaya’, ‘discipline’), is not what has been described in the Science of Politics; it is what has been enjoined in the scriptures and is observed in ordinary practice; and in the scriptures it has been laid down that ‘by means of Austerity, the higher caste is attained during another life’; while in the case of Viśvāmitra, Brāhmaṇahood was attained during the same life in which he was a Kṣatriya, as has been described in the books. — (42)

 

Explanatory notes by Ganganath Jha:

“Pṛthu (cf. 9.44) was the title of several gods as well as kings. The one meant is probably he whose happy reign is described in the 7th and 12th books of the Mahābhārata. Manu needs only an exclamation [Hopkins evidently forgets (1) that the person speaking is not Manu himself, and (2) that there have been several Manus]. ‘Kubera was god of wealth and Gādhi’s son was Viśvāmitra who was born a Kṣatriya.” — Hopkins.

Gharpure refers to the Mahābhārata, Śāntiparva (58-107) and Bhāgavata (4-13, 145).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 120).

 

 

VERSE 7.43

Section IV - Duties of the King

 

त्रैविद्येभ्यस्त्रयीं विद्यां दण्डनीतिं च शाश्वतीम् ।
आन्वीक्षिकीं चात्मविद्यां वार्तारम्भांश्च लोकतः ॥४३॥

traividyebhyastrayīṃ vidyāṃ daṇḍanītiṃ ca śāśvatīm |
ānvīkṣikīṃ cātmavidyāṃ vārtārambhāṃśca lokataḥ ||43||

 

From persons learned in the Threefold Science he shall learn the Triad; as also the ancient Science of Government, the Science of Reasoning and the Science of the Soul; and also the art of commerce from experts — (43)

 

Medhātithi’s commentary (manubhāṣya):

If we read ‘vidyām’ with the Accusative ending (instead of ‘vidyāt’, the Injunctive verb), it will have to be construed with ‘Adhigacchet’, ‘shall learn’ (of verse 39).

In as much as it is laid down that the King is to be anointed only after he has passed through the stage of studentship, during which the Vedas will have been already learnt, — the present injunction is to be taken as pertaining to his continuing his study.

‘The three-fold science’ is that science which has three component parts; and he who learns this is said to be ‘versed in the three-fold science’; — from these he shall learn the ‘Triad’, — i.e., the three Vedas, the Ṛk. and the rest. That is, in all doubtful matters, he shall decide with the help of the Vedas; and he shall discuss the exact meaning of Vedic texts with the said learned persons; end he ahull not disregard knotty points thinking himself to be a powerful King and hence influenced by pride and haughtiness.

‘Also the Science of Government’; — the science relating to ‘daṇḍa’, and ‘daṇḍa’ is ruling, governing; that whereby enemies as also people inhabiting his own kingdom, when doing wrong, are kept in check; and this ‘governance’ consists in the employment of suitable ministers &c. The ‘science’ of this consists of the rules pertaining to it. This also he shall learn from persons versed in it, and knowing the works of Cāṇakya and other writers.

‘Ancient’; — this is purely eulogistic.

Though with the help of the Science of Government alone he may be enable to know the entire world, yet, in as much as that science is based upon induction, and the Science of Reasoning serves the purpose of bringing intelligence to the dull and corroboration to the intelligent, — it is necessary to supplement the said science with the Science of Reasoning, as also the Science of Politics and so forth; so also the Science of the Soul.

Or the terms ‘ānvīkṣikī’ and ‘ātmavidyā’ may be construed together; the meaning being — ‘that Science of Reasoning which is beneficial to one’s self’; — that he should learn; as it is only such beneficial science that can be useful to him, in subjugating evil habits, misfortunes and mental disturbances. As for the Science of Reasoning propounded by the Buddhas, the Carvākas and other atheists, they cannot be of much use to him; on the contrary, they are likely to shake his faith, if he does not happen to be exceptionally intelligent.

When the king learns the Science of Reasoning by itself, then he becomes capable of employing choice language in hie communications with envoys; — so that he does not become open to ridicule.

‘The Art of Commerce’. — The acquiring of the knowledge of market-commodities, and the knowledge of trade-methods, with the help of Bṛhaspati’s work, constitutes ‘Commerce’: and activity pertaining thereto constitutes the ‘Art of Commerce’; that ie, learning the theories of commerce and then putting them into practice.

This he shall learn from ‘experts’ — i.e., persons making a living by trade; these alone are ‘experts’ in matters relating to commerce.

The term ‘from experts’ may be construd (construed?) with the two preceding terms (‘Science of Reasoning’ and ‘Science of Soul’) also; so that we get at the meaning that all these three are to be learnt from men expert in them. — (43)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.310), which, reads ‘ātmavidbhyo’ (for ‘ātmavidyām’) and hence avoids the confusion felt by the commentators on Manu; — in Madanapārijāta (p. 222), which explains ‘daṇḍanīti’ as ‘Arthaśāstra’, ‘Science of Polity’, — ‘vārtā’ as ‘agriculture, commerce, cattle-tending and so forth’, — and ‘trayī’ as ‘Ṛk, Yayuṣ and Sāman’; — in Vīramitrodaya (Rājanīti, p. 118), which notes the reading ‘vidyām’, in which case, it says, the whole is to be construed with ‘adhigaccet’ of verse 39; — in Nṛsiṃhaprasāda (Āhnika, p. 36a); — and in Rājanītiratnākara (p. 6a).

 

Comparative notes by various authors:

Gautama (11.3). — ‘The king shall be fully instructed in the threefold science and in Logic.’

Yājñavalkya (1.310). — ‘Fully instructed in Logic, in Political Science, in Agricultural Science and in the Threefold Science (Vedas).’

Arthaśāstra (pp. 34-35). — ‘The discipline of the sciences is obtained through the authority of the professors of each; for the sake of this discipline one should always remain in constant touch with those learned in the sciences.’

Kāmandaka (1.59, 63, 66). — ‘Association with the Preceptor bestows knowledge of the scriptures; knowledge of the scriptures increases humility. A king who is modest under culture never sinks under calamities. A king well-versed in polity, practising self-control, very soon attains to that shining pitch of prosperity that has been attained by other divine kings. The Preceptor is worshipped for the acquisition of learning; learning which has been mastered becomes instrumental in enhancing the prudence of the illustrious; and the habit of acting by prudence leads to prosperity.’

Kāmandaka (2.1 et. seq.) — ‘The king after having controlled his senses, should direct his attention to the cultivation of the following branches of learning — Ānvīkṣikī (Logic), Trayī (Vedic Triad) Vārtā (Trade-Agriculture) and Daṇḍanīti (Science of Government). The followers of Manu hold that there are only three divisions of learning — Vedic Triad, Trade-Agriculture, and Science of Government; according to them Logie is only a branch of the Vedic Triad. The followers of Bṛhaspati postulate only two divisions: — Agriculture and Science of Government; as only these help men in acquiring wealth. According to Uśanas the Science of Government is the only division; the origin of all other forms of learning lies in this. But according to our own teacher, there are four branches : — Ānvīkṣikī deals with the knowledge of the self, Trayī with Dharma and Adharma (right and wrong), Vārtā with the acquiring and spending of wealth, and Daṇḍanīti with justice and injustice. Ānvīkṣikī, Trayī and Vārtā are excellent forms of knowledge; but they are of no avail if Daṇḍanīti is neglected.’

Arthaśāstra (p. 26). — ‘Ānvīkṣikī (Philosophy), Trayī (Three Vedas), Vārtā (Trade-Agriculture) and Daṇḍanīti (Science of Government) are the Sciences; — according to the Mānavas, the Three Vedas, Trade-Agriculture and Science of Government — Philosophy being only a part of the Three Vedas; according to the Bārhaspatyas, Trade-Agriculture and Science of Government — the Three Vedas being only a cover for the man who knows the worldly affairs; the Science of Government is the only Science, say the followers of Uśanas — the progress of all Sciences being centred therein; there are four Sciences, says Kauṭilya; it is by means of these that one can understand the methods of acquiring wealth and spiritual merit; it is this that constitutes the essence of the Sciences. Sāṅkhya, Yoga and Lokāyata constitute ‘Philosophy’; Merit and Demerit are dealt with in the Three Vedas; Profit and Loss are dealt with in the Science of Trade-Agriculture; Policy, good and bad, is dealt with in the Science of Government.’

Śukranīti (1.303). — ‘Logic, Three Vedas, Trade-Agriculture, and Science of Government, — these four branches of learning the king shall always study.’

Kāmandaka (1.21-22). — ‘Knowledge of Polity, wise judgment, contentment, skilfulness,...... good conduct and restraint of the passions...... are the sources of all prosperity.’

 

 

VERSE 7.44

Section IV - Duties of the King

 

इन्द्रियाणां जये योगं समातिष्ठेद् दिवानिशम् ।
जितैन्द्रियो हि शक्नोति वशे स्थापयितुं प्रजाः ॥४४॥

indriyāṇāṃ jaye yogaṃ samātiṣṭhed divāniśam |
jitaindriyo hi śaknoti vaśe sthāpayituṃ prajāḥ ||44||

 

Day and night he shall put forth an effort to subdue his senses; because he whose senses are subjugated is capable of keeping his subjects under control. — (41)

 

Medhātithi’s commentary (manubhāṣya):

Though the subjugation of the senses has been already enjoined among the ‘Duties of Students’ as beneficial for all men, yet it is again reiterated among the ‘Duties of Kings’ with a view to indicate that this forms an important factor in their training.

This is what is meant by the words — ‘he whose senses are subjugated &c. &c.’ It is a fact well known to all men that one whose senses are not subdued does not succeed in keeping his subjects under control.

‘Effort’ — intense exertion.

‘Day and night’ — Daring the day as well as during the night. — (44)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 118).

 

Comparative notes by various authors:

Kāmandaka (1.62). — ‘The prosperity of a king who keeps his passion under control and who follows the path chalked out by the Science of Government always shines; his fame also reaches the heavens.’

Arthaśāstra (p. 37). — ‘The control of the senses is at the root of learning and discipline; this control should he acquired by the abandonment of desires, anger, greed, pride, vanity and pleasure. The control of the senses consists in avoiding the improper activities of the Auditory, Tactile, Visual, Gustatory and Olfactory organs towards their respective objects, sound, touch, colour, taste and odour; or it may consist in making them act according to the scriptures; the whole purpose of the scriptures lies in the control of the senses.’

Śukranīti (1.301). — ‘Of the monarch who has conquered his senses and who follows the Nītiśāstra, prosperity is in the ascendant and fame reaches the skies.’

Kāmandaka (5.36). — ‘A king, conversant with notions of justice and injustice, having subdued his mind already powerless through the subjugation of the senses, should exert himself for realising his own good.’

 

 

VERSE 7.45

Section IV - Duties of the King

 

दश कामसमुत्थानि तथाऽष्टौ क्रोधजानि च ।
व्यसनानि दुर्ऽन्तानि प्रयत्नेन विवर्जयेत् ॥४५॥

daśa kāmasamutthāni tathā'ṣṭau krodhajāni ca |
vyasanāni dur'ntāni prayatnena vivarjayet ||45||

 

He shall shun the ten ruinous vices springing from love of plea sure, as also the eight arising from anger. — (45)

 

Medhātithi’s commentary (manubhāṣya):

This verse adds a further reason for subjugating the senses.

One whose senses are not subdued cannot avoid the vices. ‘Durantāni’, ‘Ruinous’, — whose end is painful. In the beginning vices bring a certain amount of pleasure, but afterwards they lead to ruin; hence they are called ‘ruinous’.

Or the term ‘durantāni’ may mean whose end cannot be got at; i.e., people caught in a vice cannot escape from it.

Those that have their source in ‘love of pleasure’ are railed‘Kāmasamuttha’ — (45)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 148); — in Parāśaramādhava (Ācāra, p. 413) as describing the ‘vices’ which are to be avoided by the king.

 

Comparative notes by various authors:

(verses 7.45-53)

Kāmandaka (1.54). — ‘Hunting, gambling and drinking, — these are condemned in a king. Behold the catastrophe that befell King Pāṇḍu, the king of Niṣadha and the descendants of Vṛṣṇi, through indulgence in each of these respectively. Lust, anger, avarice, fiendish delight in indicting injury, morbid desire for honour, and arrogance — these six passions should be avoided.’

Do. (1.65, 68). — ‘A self-controlled king receives the highest homage. Self-control is the ornament of kings. A self-controlled king appears as beautiful as a gentle elephant shedding ichor. A powerful king without practising self-control is subdued by his enemies without difficulty; while a weak king practising self-control and observing the scriptural injunctions never meets with defeat.’

Do. (11.12). — ‘Women, intoxicating drinks, hunting, gambling and diverse scourges of fate are called vyasana. One who is under the influence of these vyasanas is the person against whom expedition should be undertaken.’

Do. (14.65). — ‘Beautiful women and drink may be enjoyed within the bounds of moderation; but a learned king should never indulge in hunting and gambling; for these are beset with graver dangers.’

Śukranīti (1.283). — ‘Hunting, gambling and drinking are condemnable in kings. Dangers from these are illustrated in the cases of Pāṇḍu, Nala and Vṛṣṇi respectively... Sensuousness, anger, ignorance, cupidity, and passion, — one should give up these. On giving up these the king becomes happy.’

Kāmandaka (1.39). — ‘A king, delighting in vile acts, and having eyes blinded by sensuous objects, brings terrible catastrophe upon his own head.’

Viṣṇu (3.50-52). — ‘He should not take delight in hunting, dice, women and drinking; — nor in defamation and assault; and he should not injure his own property,’

Śukranīti (1.235). — ‘Kings should not indulge in sensuousness with regard to others’ wives, cupidity towards others’ wealth, and anger towards his own subjects.’

Matsya-purāṇa (Vīramitrodaya-Rāja, p. 146). — ‘Hunting, drinking and gambling, the king should avoid; kings addicted to these are ruined. Sleeping during the day and purposeless roaming should be specially avoided; he should not commit defamation or assault; the king shall also avoid talking ill of people behind their back; he shall avoid the two kinds of misuse of wealth, viz., misuse of wealth and misuse by means of wealth; the misuse of wealth consists of the demolishing of walls and the neglecting of forts, etc., and also of reckless squandering; and misuse by means of wealth consists in making presents at improper times and places and to improper persons. The king shall not he very soft; as soft people are always ill-treated; nor shall he be very hard; as people become disaffected with hard men; the king who is soft at times and also hard at times, wins both worlds. The king shall avoid joking with his dependants; dependants always ill-treat masters given to jocular conversation. The king shall avoid all vices.’

Viṣṇudharmottara (Do., p. 149). — ‘The king should not enter an unknown crowd, or an unknown water, until it has been examined beforehand by trustworthy persons; nor shall he ride on a wild elephant, or on an untrained horse; he shall never visit an unknown woman, nor one in her courses. He shall never enter an ill-constructed boat, nor one of which the boats men have not been tested. He shall never disturb the endowments made in favour of gods; nor any standing endowments. He shall never confiscate the property of a Brāhmaṇa, which he shall always respect.’

Śukranīti (1.215). — ‘Indulgence in gambling, women and wine, when undue, brings many disasters; within due limits, it brings wealth, sons and intelligence.’

Mārkaṇḍeya (Parāśaramādhava-Ācāra, p. 414). — ‘He shall renounce all vices, specially the seven root ones. He shall protect himself against enemies, by guarding his secrets from going out. The king shall keep himself controlled by his position, prosperity, ruin, knowledge and the six qualities; and never by desires. First of all he shall know himself, then his ministers, then his dependants, and lastly all the citizens; when this has been done, then alone shall he go against his enemies.’

Arthaśāstra (p. 39). — ‘By subjugating the six-fold group of enemies he shall acquire sense-control; by associating with elders, he shall acquire wisdom; through the spy, he shall obtain vision; by action, security of life and property; by controlling the activities of people, he shall secure attention to the special functions of each man: by the teaching of sciences, discipline; by the proper use of wealth, prosperity, Having acquired sense-control, he shall shun others’ women, others’ wealth and also injury to beings; also over-addiction to sleep, fickleness, untruthfulness, too showy appearance, and misuse of wealth; also all improper and illegal proceedings.’

 

 

VERSE 7.46

Section IV - Duties of the King

 

कामजेषु प्रसक्तो हि व्यसनेषु महीपतिः ।
वियुज्यतेऽर्थधर्माभ्यां क्रोधजेष्वात्मनैव तु ॥४६॥

kāmajeṣu prasakto hi vyasaneṣu mahīpatiḥ |
viyujyate'rthadharmābhyāṃ krodhajeṣvātmanaiva tu ||46||

 

The king who is addicted to vices springing from the love of pleasure becomes deprived of wealth and virtue; while he who is addicted to those proceeding from anger becomes bereft of his very soul. — (46)

 

Medhātithi’s commentary (manubhāṣya):

The deprivation of the soul is, in the former case, intervened by the deprivation of wealth and virtue.

In the case of those arising from anger, he becomes deprived, of everything. This is the difference between the two sets (46)

The said vices are now re-counted by name: —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 148); — in Parāśaramādhava (Ācāra, p. 413); — and in Smṛtitattva (p. 716 and again on p. 742), as describing the vices.

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.47

Section IV - Duties of the King

 

मृगयाऽक्षो दिवास्वप्नः परिवादः स्त्रियो मदः ।
तौर्यत्रिकं वृथाट्या च कामजो दशको गणः ॥४७॥

mṛgayā'kṣo divāsvapnaḥ parivādaḥ striyo madaḥ |
tauryatrikaṃ vṛthāṭyā ca kāmajo daśako gaṇaḥ ||47||

 

Hunting, dice, sleeping during the day, censoriousness, women, intoxication, musical triad and listless wandering constitute the ten-fold set arising from the love of pleasure. — (47).

 

Medhātithi’s commentary (manubhāṣya):

Killing of animals for purposes of the chase is ‘Hunting’.

‘Dice’ — Gambling with dice. That these two lead to evil consequences is well known.

‘Sleeping during the day’. — i.e., not acting at the time at which a certain action should be done. The term ‘divā’ here does not stand for the day only; this same idea being expressed elsewhere by means of the phrase ‘sleeping at the time of waking.’

Or, the term may betaken in its literal sense; sleeping during the day is positively prohibited, and it stands in the way of all business. This habit causes disappointment to men who want an interview with the king, and also to others; and as such becomes, a source of discontent among the people.

‘Censoriousness’ — the criticising of other people’s faults in private. This displeases all men. As for the blaming of persons who do not deserve it, this is itself constitutes a sin.

‘Women’, ‘intoxication’ — the fact of these two being evils is well known. ‘Musical triad i.e., dancing, singing and instrumental music.

‘Listless wandering’ — walking about hither and thither, other for no purpose, or for a wicked purpose.

‘Tenfold’ — which are ten in number.

‘Arising from the love of pleasure’, ‘Kāma — ‘Kama’ is desire, from which they arise; — or they arise from a particular kind of pleasure; — or ‘Kāmya’ may mean arising from a particular experienced object. — (47).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 413); — in Vīramitrodaya (Rājanīti, p. 147), which explains ‘parivādaḥ’ as ‘describing the defects of other persons — ‘vṛthāṭyā’ as ‘listless wandering,’ — and ‘tauryatrikam’ as ‘dancing, singing and music’; — in Vīramitrodaya (Lakṣaṇa, p. 198); — in Mitākṣarā (on 1.310); — in Smṛtitattva (p. 717), which explains ‘tauryatrikam’ as ‘dancing, singing and music’; — and again on p. 742, where ‘akṣa’ is explained as ‘gambling.’

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.48

Section IV - Duties of the King

 

पैशुन्यं साहसं द्रोह ईर्ष्याऽसूयाऽर्थदूषणम् ।
वाग्दण्डजं च पारुष्यं क्रोधजोऽपि गणोऽष्टकः ॥४८॥

paiśunyaṃ sāhasaṃ droha īrṣyā'sūyā'rthadūṣaṇam |
vāgdaṇḍajaṃ ca pāruṣyaṃ krodhajo'pi gaṇo'ṣṭakaḥ ||48||

 

Tale-bearing, Treachery, Envy, Slandering, Misappropriation of property, Cruelty of speech and of Assault; — these constitute the eightfold set born of Anger. — (48).

 

Medhātithi’s commentary (manubhāṣya):

‘Tale-bearing’ — the disclosing of such secrets as are to be kept from monitors and other official relatives.

‘Violence’ — the employing of superior men in derogatory acts; or hand-cutting or imprisoning men for slight offences.

‘Treachery’ — killing secretly.

‘Envy’ — desire to strike or even take away the life.

‘Slandering’ — not brooking the good qualities of men, and exposing their weak points.

‘Misappropriation of property’. — not giving; — in fact taking away what belongs to others; also the depriving from public use of what is public property.

‘Cruelty of speech and assault’ — are well known.

‘Anger’ — hate. Those mentioned partake of the nature of Hate. — (48).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 413); — in Mitākṣarā (on 1.308); — in Smṛtitattva (p. 717), which explains ‘paiśunya’ as ‘proclaiming the unknown faults of others, malice,’ — ‘sāhasa’ as ‘punishing the guiltless with imprisonment and so forth,’ — ‘droha’ as ‘desire to injure others,’ ‘īrṣyā’ as ‘not brooking the good of others,’ — ‘asūyā’ as ‘finding fault with the good quality in others,’ — and ‘arthadūṣaṇam’ as ‘seizing of property and witholding of what is due’; — again on p. 742, where the same explanations are repeated.

It is quoted in Vīramitrodaya (Rājanīti, p. 148), which notes that the number ‘eight’ is made up by ‘vākpāruṣyam’ and ‘daṇḍajam pāruṣyam and goes on to explain ‘paiśunyam’ as ‘malice, proclaiming such faults of others as are not generally known,’ — ‘sāhasa’ as ‘punishing of the innocent with imprisonment and so forth,’ — ‘droha’ as ‘injuring the Brāhmaṇa,’ — ‘īrṣyā’ as ‘not bearing the good of others,’ — ‘asūyā’ as ‘picking faults in the good qualities of others,’ — ‘arthadūṣaṇa’ as ‘seizing the property of others and witholding what is due to others,’ — ‘vākpāruṣya’ as ‘reviling and so forth,’ — and ‘daṇḍapāruṣya’ as ‘harshness of punishment, i.e., the imposing of heavy fines or corporal punishment, for slight offences.’

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.49

Section IV - Duties of the King

 

द्वयोरप्येतयोर्मूलं यं सर्वे कवयो विदुः ।
तं यत्नेन जयेत्लोभं तज्जावेतावुभौ गणौ ॥४९॥

dvayorapyetayormūlaṃ yaṃ sarve kavayo viduḥ |
taṃ yatnena jayetlobhaṃ tajjāvetāvubhau gaṇau ||49||

 

With great effort he shall subdue that Greediness which all wise men regard as the root of both these; both these sets arise out of that. — (49)

 

Medhātithi’s commentary (manubhāṣya):

It has been said that Greediness is at the root of the set of vices born of love of pleasure; ‘love of pleasure’ consists in hankering after the objects of enjoyment; and ‘hankering,’ ‘desire,’ ‘greediness’ are synonymous.

“But how can greediness be the root of the set of vices arising from Anger, on the basis of which it is said that both these sets arise out of that?”

Our answer is as follows: — What is meant is not that the two sets of vices have Greediness for their cause, but that Greediness is equal to the two sets of vices; — the sense being that greediness alone by itself — even when appearing in a man free from the vices, — produces all those evils which all the said vices produce; to which end we have the assertion — ‘greediness -destroys all good qualities.’ It is in this sense that we have the figurative assertion that ‘both these sets arise out of that.’ If there were no Greediness, how could there appear results similar to those of greediness? In fact, it is the defect in the cause that indicates the defect in the effect; hence, if there is any evil in the vices, appearing as the effects of greediness, it follows that there is a like evil in the cause also.

Or, the meaning may be that as a rule it is only the greedy person who becomes addicted to Tale-bearing and other shunable acts. Other persons, even in small matters, become appeased even by slight entreaties. And it is this that is spoken of figuratively by describing the two sets of vices as arising out of greediness. — (49.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 413); — and in Vīramitrodaya (Rājanīti, p. 148).

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.50

Section IV - Duties of the King

 

पानमक्षाः स्त्रियश्चैव मृगया च यथाक्रमम् ।
एतत् कष्टतमं विद्यात्चतुष्कं कामजे गणे ॥५०॥

pānamakṣāḥ striyaścaiva mṛgayā ca yathākramam |
etat kaṣṭatamaṃ vidyātcatuṣkaṃ kāmaje gaṇe ||50||

 

In the set arising from love of pleasure, — drinking, dice, women and hunting are to be regarded as the four most pernicious, in the order in which they are named. — (50)

 

Medhātithi’s commentary (manubhāṣya):

It is well known that these four are more harmful than ‘sleeping during the day’ and other vices. — (50)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 413); in Mitākṣarā (on 1. 308); — in Vīramitrodaya (Rājanīti, p. 148); — and in Vīramitrodaya (Lakṣaṇa, p. 198).

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.51

Section IV - Duties of the King

 

दण्डस्य पातनं चैव वाक्पारुष्यार्थदूषणे ।
क्रोधजेऽपि गणे विद्यात् कष्टमेतत् त्रिकं सदा ॥५१॥

daṇḍasya pātanaṃ caiva vākpāruṣyārthadūṣaṇe |
krodhaje'pi gaṇe vidyāt kaṣṭametat trikaṃ sadā ||51||

 

In the set born of Anger, — Assault, Cruelty of speech and Misappropriation of property, — are to be regarded as the three most pernicious. — (51).

 

Medhātithi’s commentary (manubhāṣya):

It is well known that these three are worse than Tale-bearing and other vices. — (51)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.301); — in Vīramitrodaya (Lakṣaṇa, p. 198); — in Vīramitrodaya (Rājanīti, p. 148); — in Parāśaramādhava (Ācāra, p. 413).

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.52

Section IV - Duties of the King

 

सप्तकस्यास्य वर्गस्य सर्वत्रैवानुषङ्गिणः ।
पूर्वं पूर्वं गुरुतरं विद्याद् व्यसनमात्मवान् ॥५२॥

saptakasyāsya vargasya sarvatraivānuṣaṅgiṇaḥ |
pūrvaṃ pūrvaṃ gurutaraṃ vidyād vyasanamātmavān ||52||

 

The self-disciplined man should know that in this set of seven which spreads everywhere, each preceding vice is more serious than the succeeding one. — (52)

 

Medhātithi’s commentary (manubhāṣya):

Between Drinking and Gambling, Drinking is the more serious; because this entails loss of consciousness; by it the unmaddened man becomes maddened, the living man becomes dead, the man exposes his private parts, loses his friends, is abandoned by good men and becomes associated with bad persons; becomes addicted to singing and other vices, shamelessly gives out bis love and other secrets; the respected man becomes an object of obloquy, even the otherwise serious man becomes liable to talk at random, when suffering from intoxication. Such are the evil effects of Drinking. In the case of Gambling on the other hand, the man who knows the art of gambling always wins, and also for one who does not know the art there is only partial loss.

Between Woman and Gambling, the vice of Gambling is more serious. In Gambling what is won by the man becomes poison for himself; winning always gives rise to enmities, since it is only loss that is common to several people; it also leads to the loss of what may have been already enjoyed; then again, on account of the checking of the calls of nature, the body becomes dull and a breeding-ground of disease; so that even Blight causes become productive of much pain; (such is the spirit of gambling that) even at the death of his mother the man keeps on his gambling; even when he has attained success, he cannot be drawn away from it even by bis well-wishers; he ceases to trust even such persons as avoid other people’s belongings like heated iron; he neglects to give food and other things to persons that are hungry and in straitened circumstances; even though endowed with all estimable qualities, he comes to be despised, as a blade of grass. Such are the evils of gambling. In the vice connected with woman on the other hand, there is this good that the man obtains children, enjoys excellent dinners and nice articles of toilet; so that he secures wealth as well as some virtue. Further, it is possible to employ women on state-business, and also for the purpose of rendering people open to stigma and censure.

Between Woman and Hunting, the vice in connection with women is more serious. Under its influence, the King neglects his business; becoming addicted to women, he acquires distaste for state-business, he wastes time and loses in virtue, becomes addicted to the evils of drinking as also to lying and other pernicious habits. In Hunting on the other hand, there is physical exercise, a lessening of the humours of bile and phlegm, reduction of obesity, markmanship in ariming (aiming?) at moving as well as standing targets, also practice of hitting; the king also aquires a degree of alertness and cultivates the acquaintance of the village-folk.

Thus in the set of four vices proceeding from love of pleasure, that which precedes is more abominable than that which follows.

In the set born of anger also, assaulting is beset with evils, and is followed by addiction to lying and other evil habits. Between Assaulting and Cruelty of speech, Assaulting is more serious. In the case of assault, making up becomes impossible, while in the case of cruel speech the fire of auger and hatred is capable of being appeased by the subsequent bestowals of gifts and honour.

Between cruel speech and misappropriation of property, cruel speech is the more serious. Even high-minded persons become afflicted and perturbed in mind by cruel speech. To this effect we have the following saying: —

‘Even a powerful sword, or a black dart, entering the bone may make the body free from pain, when removed, but words never disappear from the heart; that which is pierced by an arrow grows again; the forest cut off by the axe again flourishes; but that which is wounded by rough and indecent speech never flourishes again’.

Misappropriation of property on the other hand is looked upon as an effect of ill-luck and as such high-minded people donot feel keenly about it.

Thus it is shown that in these two sets the preceding vice is more serious than the succeeding one. — (52)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 148).

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.53

Section IV - Duties of the King

 

व्यसनस्य च मृत्योश्च व्यसनं कष्टमुच्यते ।
व्यसन्यधोऽधो व्रजति स्वर्यात्यव्यसनी मृतः ॥५३॥

vyasanasya ca mṛtyośca vyasanaṃ kaṣṭamucyate |
vyasanyadho'dho vrajati svaryātyavyasanī mṛtaḥ ||53||

 

Between Vice & Death, Vice is said to be more harmful; the vicious man sinks down and down; but the dead man, without vices, ascends to heaven. — (53)

 

Medhātithi’s commentary (manubhāṣya):

Though both death and vice deprive one of every thing, yet there is this difference between them that death deprives one of everything, only in this world, while vice deprives him of all things in this world as well as in heaven.

‘The vicious man sinks down and down’ — falls into hell.

The term ‘vicious’ denotes excessive addiction to the aforesaid sets of vices. Hence it is such repeated addiction that is forbidden; not merely having recourse to them once in a way.

These vices become destructive of virtue, wealth, pleasure and life, even in the case of ordinary men; what to say of Kings? At the same time it would not be right to] abandon drinking etc. entirely; nor would it be possible; hence it is the habit that is forbidden. — (53)

 

Explanatory notes by Ganganath Jha:

This verse is quoted on Parāśaramādhava (Ācāra, p. 414); — and in Vīramitrodaya (Rājanīti, p. 149), which explains ‘adhodho vrajati’ as ‘falls into hell,’ and adds that hells have been described as located in the Nether Regions (that is why they are spoken of as ‘adhaḥ,’ ‘down below’).

 

Comparative notes by various authors:

(verses 7.45-53)

See Comparative notes for Verse 7.45.

 

 

VERSE 7.54

Section IV - Duties of the King

 

मौलान् शास्त्रविदः शूरान् लब्धलक्षान् कुलोद्भवान् ।
सचिवान् सप्त चाष्टौ वा प्रकुर्वीत परीक्षितान् ॥५४॥

maulān śāstravidaḥ śūrān labdhalakṣān kulodbhavān |
sacivān sapta cāṣṭau vā prakurvīta parīkṣitān ||54||

 

He shall appoint seven or eight ministers, with respectable status, versed in law, of heroic temperament, experienced in business, born of noble families, and thoroughly tested. — (54)

 

Medhātithi’s commentary (manubhāṣya):

‘Of respectable status’; — hereditary servants of the king, possessed of many children, and relations and much wealth, openly possessing vast numbers of cattle and landed property, inhabitants of the kingdom. ‘Mūla’ is status; and those possessed of status are ‘maula’.

‘Versed in law’; — ‘śāstra’ is law, ordinance; the law regulating the conduct of servants; hence the term indicates other qualifications also; such as — intelligent, of firm resolve, capable of much hard labour, clever, eloquent, strong, respectable, endowed with courage and energy, able to bear hardships, pure, liberal, equipped with estimable character, free from both tardiness and fickleness, loved by men, not prone to making enemies.

The term ‘śūra’, ‘of heroic temperament’, indicates one who, in his zeal for the king’s work, takes no account of his body, life, children or wealth, and also also not afraid of death, ever ready for battle, and though alone, he is ever ready to engage in a fight with many persons, — capable of striking hard, possessed of strength.

‘Experienced in business’; — this indicates the fact of their having seen much work; those who have actually fought with the sword, who have successfully accomplished their duties, who have had previous experience in ministerial work.

‘Born of noble families;’ — when people are moved by considerations of their noble family, they desist from improper acts.

‘Ministers’ — assistants.

These should always remain at the king’s side.

‘Seven or eight’ — This is a restrictive rule; fewer than these are likely to combine, — and this would render the king’s consultations one-sided. On the other hand, if they are too many, there is likely to be great diversities of opinion. Hence only seven or eight ministers are to be appointed.

‘Thoroughly tested” — This refers to tests relative to (a) virtue, (b) wealth, (c) love and (d) fear. For instance, (a) The Priest, under the pretext of having been reprimanded in his work, by the king, should approach each of the ministers with large presents sent through trustworthy messengers, with proposals purporting to bring about the king’s ruin, saying — ‘this proposal has been approved by all the ministers, how does it appear to you?’ — If the minister thus approached, repudiates the suggestion, he has been ‘tested with the test of virtue.’ — (b) The army — commander, under a similar pretext of having been reprimanded, may approach one of the ministers with large presents sent through trusted messengers, suggesting proposals for bringing about the king’s ruin, saying — ‘this has been approved by all ministers, what do you think of it?’ — If the minister should repudiate the suggestion, he becomes ‘tested with the test of wealth.’ (c) A female ascetic who is trusted in the king’s harem, shall approach each of the ministers, saying — ‘such and such a queen is in love with you and has made arrangements for meeting you.’ If the man repudiates the suggestion, he becomes ‘tested with the test of love.’ — (d) Some persons, urged by the king himself, should give out the rumour that ‘the king is being killed by certain ministers who have made a combination against him’; having heard this numour (rumour?), a trusted man in the priest’s employ should suggest to the ministers the following plan — ‘on hearing this rumour the king is going to punish you’; one of these men, having previously entered into the plan, should approach each of the ministers and urge them to activity; the ministers who repudiate this suggestion become ‘tested with the test of fear.’

Or, he shall appoint such ministers of finance as are ‘maula’ i.e., capable of collecting and guarding and rightly spending wealth; that is, those who collect wealth from the villages, and carefully keep and rightly spend what has been collected. The meaning thus is that he shall appoint such finance ministers as are experts in money-matters. — ‘Versed in lavs’ — the councillors that he appoints should be learned. — The army-commanders that he appoints should be ‘of heroic temperament.’ ‘Experienced’ and the other epithets qualify each of those mentioned above.

Some people hold that the ‘testing’ of ministers, in the manner related above, is not the right thing to do; they hold that such testing may actually produce unfaithful feelings in the minds of the ministers. Hence some other faithful woman (than the queen herself) should be employed (in the test); and the intrigue too should he proposed against some other person than the King himself. — (54)

 

Explanatory notes by Ganganath Jha:

‘Labdhalakṣān’ — ‘Experienced’ (Medhātithi); — ‘who fail not in their undertakings’ (Govindarāja, Nandana and Rāghavānanda); — ‘skilled in the use of weapons.’

‘Suparīkṣitān’ — ‘Tried through temptations’ (Medhātithi); — ‘tried as to incorruptibiliy’ (Nārāyaṇa); — ‘tested by spies’ (Govindarāja); — ‘bound to fidelity by oath, by touching the images of gods and such sacred objects (Kullūka and Rāghavānandà).

This verse is quoted in Mitākṣarā (on 1.311) to the effect that the king should appoint seven or eight councillors; — in Parāśaramādhava (Ācāra p. 405); — in Vīramitrodaya (Rājanīti, p. 177), which explains, ‘labdhalakṣān’ as ‘paridṛṣtakarmaṇaḥ’, ‘who have seen action’, i.e., ‘experienced’; — in Nītimayūkha (p. 61), which explains ‘labdhalakṣān’ as ‘clever’, — ‘maulān’ as ‘hereditary’; — and in Rājanītiratnākara (p. 9b).

 

Comparative notes by various authors:

(verses 7.54-55)

Viṣṇu (3.71). — ‘He shall appoint ministers to help him in his affairs, who are pure, free from covetousness, attentive and able.’

Yājñavalkya (1.310-311), — ‘He shall appoint ministers who are intelligent, hereditarily connected, firm and pure; with these he shall take counsel; as also with the Brāhmaṇa.’

Matsyapurāṇa (Vīramitrodaya-Rājanīti, p. 175). — ‘He shall appoint such assistants for himself as are brave, of noble family, strong, endowed with wealth, beauty, nobility and other good qualities, self-controlled, endowed with forgiveness, capable of hard work, courageous, knowing the duty, of sweet speech,

capable of offering salutary advice and devoted to their master.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 175). — ‘The attendants of the king shall he gentle, high-born, brave, equipped with knowledge, free from jealousy, not mean, pure and clever.’

Mahābhārata (Do.). — ‘The king should appoint only such ministers as are able and have been duly tested.’

Do. (Rājadharma) (Do., p. 177). — ‘The king shall honour that minister who is grateful, intelligent, free from meanness, firmly devoted to him, firm in his duty and firmly grounded in political science.’

Parāśara (Do., p. 178). — ‘The king shall appoint as ministers, counsellors, ambassadors, priests, judge and members of the assembly, — such people as may he devoted to his welfare and safety.’

Kātyāyana (Do.). — The king shall appoint as his minister a Brāhmaṇa, noble-born and devoted to the king, expert in his business.’

Śukranīti (2.106-109). — ‘The king shall examine his officers with reference to their work, companionship, merit, habits, family-relations and other things; and place confidence in those that are found trustworthy.’

Matsyapurāṇa (Vīramitrodaya-Rājanīti, p. 174). — ‘Immediately after his anointment, the king shall proceed to select his assistants; even an undertaking that is easy is difficult to he accomplished by a single man, especially when one who has no assistant; how much more is the work of the king which involves great issues! Therefore the king shall himself select assistants born of noble families.’

Arthaśāstra (p. 41). — ‘He shall appoint as ministers such persons as have been his fellow-students; as he is cognisant of the purity of their character, and hence has trust in them; so says Bharadvāja. This is denied by Viśālākṣa, who holds that as these men have sported with him, they are likely to disregard him; hence as ministers he should appoint such men as share his secrets; because such men have the same habits and defects as himself; as these men knowing that the king knows their secrets will never misbehave towards him. Parāśara holds that this objection is common to both; the king also knowing that they know his secrets, will follow them in their acts of commission and omission; hence he should appoint as ministers such persons as might have helped him in dangerous situations; because their attachment to him has been actually seen. Piśuna denies this; the feeling here mentioned is an emotion, it is not a lasting quality of the mind; hence the king should appoint as ministers such persons as have, in actual practice, been found to have acted in strict accordance with orders; because the quality of these will have been actually perceived. This again is denied by Kauṇapadanta; because even these men would not be endowed with other qualities necessary in ministers; therefore he shall appoint as ministers such persons as have been hereditary ministers, because the antecedents of such men are fully known; they will not abandon him even though ill-treated, because of the hereditary relationship. This is denied by Vātavyādhi, on the ground that such men would arrogate to themselves all the powers of the master and would behave as such; therefore be shall appoint as ministers such persons as are well-versed in political science and are strangers; strangers would regard the king as holding the rod of chastisement and would never misbehave. This is denied by Bāhudantī-putra, on the ground that a man, though possessing theoretical knowledge, if devoid of practical experience, would come to grief; hence he should appoint as ministers such persons as are endowed with the qualities of nobility of birth, wisdom, purity, bravery and loyalty. All these opinions are right, says Kauṭilya; but the real character of men can he ascertained only from actual experience; hence the king shall examine the ministerial capacity of the persons concerned, the exigencies of time and place, and also the nature of the work in hand and then appoint them as ministers, not as the chief minister.’

Kāmandaka (4.27-30). — ‘Upadhās are the means of testing honesty, and by these the king should test his dependants. A person who has got a good many friends to deter him from the paths of vice, who is not a foreigner by birth, who possesses noble lineage and character and great physical strength, who is eloquent and audacious in speech and is farsighted, energetic and ready-witted, who is free from obstinacy and fickleness and is faithful to his friends, who is painstaking and pure and truthful, who is blessed with equanimity, cheerfulness, patience, gravity and health, who is a master of all the arts, dexterous, prudent and retentive, unswerving in his devotion, and not prone to avenge the wrongs done to him by his sovereign, — such a person should be selected as the minister. Accuracy of memory, exclusive devotion to the ways and means and the Empire, grave consideration of the pros and cons of a question, unerring judgment, firmness, and observance of secrecy regarding all counsels, — these are the necessary qualifications of a minister.’

Do. (11.61). — ‘A mantra or counsel consists of five parts: supports, means to ends, divisions of time and place, averting of calamities and final success.’

Do. (11.74). — ‘Manu says twelve, Bṛhaspati says sixteen, and Uśanas says twenty, ministers should form a cabinet.’

Arthaśāstra (p. 48). — ‘Accompanied by the Chief Minister and the Domestic Priest, he shall, in the first instance, appoint ministers to unimportant posts, and there test them by means of tests.’

Do. (p. 76). — ‘The cabinet of ministers shall consist of twelve — say the followers of Manu; sixteen, say the followers of Bṛhaspati; twenty, say the followers of Uśanas; the number shall depend on the king’s own capacity, says Kauṭilya.’

 

 

VERSE 7.55

Section IV - Duties of the King

 

अपि यत् सुकरं कर्म तदप्येकेन दुष्करम् ।
विशेषतोऽसहायेन किं तु राज्यं महोदयम् ॥५५॥

api yat sukaraṃ karma tadapyekena duṣkaram |
viśeṣato'sahāyena kiṃ tu rājyaṃ mahodayam ||55||

 

Even an undertaking that is easy is difficult to be accomplished by a single man, specially by one who has no assistant; how much more so is the work of the king, which involves great issues! — (55)

 

Medhātithi’s commentary (manubhāṣya):

The ordinary household work of the householder, — such as looking after cattle, house and the rest — has been regarded as ‘easy’; the same man tends the cattle and milks the cow. But even so all this cannot be clone by a single man; it is still more difficult if the man happens to have no one to assist him; how can he take the cattle to graze, and at the same time look after his wife? As for ‘the work of the king’, it is an important undertaking and leads to important results; its proper accomplishment bears important fruits, and important results accrue to the man who fulfills it. But a single man cannot be expected to know all the six ‘means of success’. Hence it it necessary for the king to appoint to the several departments of state trusted assistants, who are possessed of qualifications similar to those of the king himself. — (55)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Virāmitrodaya (Rājanīti, p. 177); — and in Virāmitrodaya (Lakṣaṇa, p. 215).

 

Comparative notes by various authors:

(verses 7.54-55)

See Comparative notes for Verse 7.54.

 

 

VERSE 7.56

Section IV - Duties of the King

 

तैः सार्धं चिन्तयेन्नित्यं सामान्यं सन्धिविग्रहम् ।
स्थानं समुदयं गुप्तिं लब्धप्रशमनानि च ॥५६॥

taiḥ sārdhaṃ cintayennityaṃ sāmānyaṃ sandhivigraham |
sthānaṃ samudayaṃ guptiṃ labdhapraśamanāni ca ||56||

 

With these he shall always discuss all ordinary business relating to peace and war, as also the ‘state’, the sources of revenue, the means of protection, and the consolidation of what has been acquired. — (56)

 

Medhātithi’s commentary (manubhāṣya):

With the aforesaid councillors and finance-ministers he shall discuss the ‘ordinary business’ — what may not be of a very confidential nature — ‘relating to peace and war’; he shall consider peace and war; he shall consider the pros and cons of both sides of the question as to whether on a certain occasion peace or war would be the right course to adopt. But the actual decision he should take himself; so that he may not appear to have been guided by other persons.

He should also discuss the ‘state’; this is fourfold, consisting of Army, Treasure, City and Kingdom. Of these the ‘Army’ consists in Elephants, Horses, Chariots and Footsoldiers; and he shall discuss such things relating to them as maintenance, protection, and the appointment of proper commanders as regards the Treasury, it should abound in gold and silver in large quantities, which should not be spent; the cardinal parts of the Treasury shall never be expended; nor should payments to servants be delayed; — as regards the Kingdom, which is the same as country, it should be maintained intact against encroachment by others, by the careful looking after of rivers and trees and cattle, the building of protective works against possible attacks by enemies; it should not be allowed to depend entirely on rain, and in times of distress special penalties and taxes shall be levied (?); — as regards the City, the methods of guarding it are going to be described under 7.75.

Or, ‘sthāna’, ‘state’, may mean not deviating from its own position.

Similarly he shall also discuss the ‘sources of revenue’ — such as agriculture, pastures, barriers, trade, fines and so forth.

‘Means of protection’, — of the king’s own kingdom, as going to be described later on.

‘Consolidation of what has been acquired’; — the honouring of learned and pious men and the continuance of bounties to them, the granting of fresh bounties; and the removal of all restraints; merciful treatment of the poor and the diseased; the instituting of fresh public sports and rejoicings and the continnance (continuance?) of those already in vogue. He shall put a stop to all abuses regarding the Treasury and judicial procedure, and introduce sounder methods of work. If there is some improper act done by others he shall stop it; but he shall not interfere with any righteons (righteous?) act that may be done by others.

In this manner ‘State’ and the rest shall be discussed. — (56).

 

Explanatory notes by Ganganath Jha:

‘Sthānam’ — ‘Halting’ (Nandana). — Buhler misrepresents Medhātithi when he attributes to him the alternative explanation of sthāna as ‘loss of his Kingdom’, in reality Medhātithi says ‘stability of the Kingdom’ as rightly understood by Hopkins.

This verse is quoted in Virāmitrodaya (Rājanīti, p. 316), which adds the following notes: — Taiḥ, ‘with the said councillors, — chintayet, ‘the. King should deliberate,’ — sandhiḥ, ‘alliances’ — vigrahaḥ, ‘declaration of war’, — sthānam, ‘consisting of the four factors of the army, treasury, capital city and Kingdom’, — ‘samudayaḥ,’ ‘agriculture, pastures, outposts, traders, cattle, customs, fines and so forth,’ — guptiḥ, protection of his Kingdom, — labdhapraśamanam, ‘bestowing of honours and gifts upon temples, hermitages and learned men’; — the meaning of the phrase sāmānyam sandhivigraham is that he should discuss questions of peace and war in general, the detailed and specific details being discussed in connection with the ‘ṣāḍguṇya.’

It is quoted also in Parāśaramādhava (Ācāra, p. 405) and in Rājanītiratnākara; — (p. 10b).

 

Comparative notes by various authors:

Yājñavalkya (1-311). — ‘With the ministers the king shall take counsel; specially with the Brāhmaṇa.’

Arthaśāstra (p. 45). — ‘The following are the qualities of the Chief Minister: He should have been born and bred in the kingdom, of noble birth, having a large family, versed in the arts, with keen powers of perception, intelligent, possessed of a retentive memory, clever, eloquent, bold, quick-witted, endowed with courage and influence, capable of hard work, pure, sympathetic, firmly loyal, equipped with character, strength, health and patience, devoid of haughtiness and fickleness, of prepossessing appearance and never likely to create enmities. The king shall therefore examine the land of birth and family of the candidates for Chief Ministership; the exact amount of their knowledge of arts and sciences he shall find out from other persons learned in the same; their intelligence, memory and cleverness he shall find out from actual experience; eloquence he shall find out from his conversations; as also lowness and quickness of wit; courage and influence shall be found out in times of trouble; purity, sympathy and loyalty from actual experience; character, strength, health and patience from their neighbours; and prepossessing appearance from direct perception.’

Arthaśāstra (p. 71). — ‘All operations should be preceded by due discussion among Ministers.’

Kāmandaka (13.23). — ‘The functions of the Prakritimaṇḍala are the following: — To hold counsels, to secure the results of counsels, to direct others to perform their functions, to ascertain the effects of coming events, to look after income and expenditure, to administer justice, to subjugate enemies, to avert threatening evils and calamities, to protect the kingdom, — those are the functions of the minister. But the minister who is subject to the vyasanas fails in all this.’

 

 

VERSE 7.57

Section IV - Duties of the King

 

तेषां स्वं स्वमभिप्रायमुपलभ्य पृथक् पृथक् ।
समस्तानां च कार्येषु विदध्याद्द् हितमात्मनः ॥५७॥

teṣāṃ svaṃ svamabhiprāyamupalabhya pṛthak pṛthak |
samastānāṃ ca kāryeṣu vidadhyādd hitamātmanaḥ ||57||

 

Having ascertained the opinion of each of the ministers individually and also collectively, he shall, in his affairs, do what is beneficial to himself. — (57)

 

Medhātithi’s commentary (manubhāṣya):

Having ascertained in private the opinion of each of them — the opinion entertained by them in his heart of hearts — also ‘collectively’; — he shall do this because some people are shy in assemblies, but bold in private, while others are more fit in assemblies; hence he shall question the ministers collectively also.

After that he shall do whatever appears to him to be most proper — ‘beneficial to himself’; be it what one of the ministers themselves may have advised, and had not been opposed by others; and hence indicated to be free from objections. — (57)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 178); — in Parāśaramādhava‘ (Ācāra, p. 406); — and in Nītimayūkha (p. 53).

 

Comparative notes by various authors:

Kātyāyana (Vīramitrodaya-Rājanīti, p. 178). — ‘In a kingdom when ministers, courtiers and physicians are given to flattery, the king shall certainly lose his kingdom, his righteousness and his happiness. The king shall not evince displeasure at anything that they say; because it is their duty to say what is right and according to law.’

Kāmandaka (11.77). — ‘A king seeking his own welfare should discuss the subject of consultation severally with each of his ministers; after which he should take into serious consideration the opinion expressed by each.’

 

 

VERSE 7.58

Section IV - Duties of the King

 

सर्वेषां तु विशिष्टेन ब्राह्मणेन विपश्चिता ।
मन्त्रयेत् परमं मन्त्रं राजा षाड्गुण्यसंयुतम् ॥५८॥

sarveṣāṃ tu viśiṣṭena brāhmaṇena vipaścitā |
mantrayet paramaṃ mantraṃ rājā ṣāḍguṇyasaṃyutam ||58||

 

With the learned Brāhmaṇa, however, who is the most distinguished of them all, the king shall discuss the highest secrets pertaining to the six-fold state-craft. — (58)

 

Medhātithi’s commentary (manubhāṣya):

‘Learned’ — highly educated, well versed in the science of polity.

“He shall discuss the highest secret’ — what has to be guarded in absolute: secrecy — ‘pertaining to the sixfold state-craft

The Brāhmaṇa is, as a rule, possessed of keener intelligence, and being highly virtuous, is absolutely trustworthy. — (58)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 406); — and in Vīramitrodaya (Rājanīti, p. 178).

 

Comparative notes by various authors:

Yājñavalkya (1.311). — ‘With these he should take counsel, specially with the Brāhmaṇa.’

Kāmandaka (11.78). — ‘After having weighed the opinions expressed by the councillors, he shall act upon that counsel which is proposed by the highly intelligent, well-wishing and numerously supported minister who always acts according to the scriptures.’

Kātyāyana (Vīramitrodaya-Rājanīti, p. 178). — (See under 54.)

 

 

VERSE 7.59

Section IV - Duties of the King

 

नित्यं तस्मिन् समाश्वस्तः सर्वकार्याणि निःक्षिपेत् ।
तेन सार्धं विनिश्चित्य ततः कर्म समारभेत् ॥५९॥

nityaṃ tasmin samāśvastaḥ sarvakāryāṇi niḥkṣipet |
tena sārdhaṃ viniścitya tataḥ karma samārabhet ||59||

 

He shall always, in full confidence, entrust all business to him; and having, in consultation with him, formed his resolution, he shall do what has to be done. (59)

 

Medhātithi’s commentary (manubhāṣya):

Having entrusted the whole kingdom to the said Brāhmaṇa, the king shall enjoy royal pleasures in full confidence and trust.

‘In consultation with him, having formed his resolution, he shall do what has to be done’; — such as marching against an enemy, encamping, judicial proceedings, collection of revenue and so forth. — (59).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 406); — and in Vīramitrodaya (Rājanīti, p. 178).

 

Comparative notes by various authors:

Arthaśāstra (p. 73). — ‘He shall not disregard any one; he shall listen to the opinion of every one.’

 

 

VERSE 7.60

Section IV - Duties of the King

 

अन्यानपि प्रकुर्वीत शुचीन् प्राज्ञानवस्थितान् ।
सम्यगर्थसमाहर्तॄनमात्यान् सुपरीक्षितान् ॥६०॥

anyānapi prakurvīta śucīn prājñānavasthitān |
samyagarthasamāhartṝnamātyān suparīkṣitān ||60||

 

He shall also appoint other ministers, who are pure, wise, firm, experts in collecting revenue and thoroughly tested. — (60)

 

Medhātithi’s commentary (manubhāṣya):

This is an exception to what has been said regarding the appointing of ‘seven or eight’ ministers (verse 54).

‘Experts in collecting revenue’ — thoroughly experienced in the work of collecting revenue.

‘Tested’ — by the tests (described above). — (60)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 185); — and in Nītimayūkha (p. 53).

 

Comparative notes by various authors:

(verses 7.60-62)

(See the texts under 54.)

Viṣṇu (8.16-21). — ‘The king shall appoint able officials for the working of his mines, for the levying of taxes and of the fares to be paid at ferries, and for his elephants and forests. He shall appoint pious persons for performing acts of piety; skilled men for financial business; brave men for fighting; stern men for acts of rigour; and eunuchs for his wives.’

Yājñavalkya (1.320-21). — He shall appoint such officials as are experts in their work, clever and pure and alert, to the departments of income and expenditure and the harems.’

Arthaśāstra (p. 136). — ‘The officer placed in charge of Forts shall look after the following: tolls, fines, weights and measures, landmarks and boundaries, coinage, wines, slaughterhouse, yarns, oils, butter, salt, gold, trade-regulations, courtesans, gambling, engineering, building, arts and crafts, temples and entrance and exit.’

Arthaśāstra (p. 6). — ‘Officers of the following departments are to be appointed: — gold, granary, trade, forestry, armoury, weights and measures, measurements of time and surveying, customs and tolls, spinning and weaving, agriculture, excise, slaughterhouse, courtesans, navy, cattle, horse, elephant, chariot, infantry, army-command, coinage, pasture-land, collection of revenues, espionage, city-administration.’

 

 

VERSE 7.61

Section IV - Duties of the King

 

निर्वर्तेतास्य यावद्भिरितिकर्तव्यता नृभिः ।
तावतोऽतन्द्रितान् दक्षान् प्रकुर्वीत विचक्षणान् ॥६१॥

nirvartetāsya yāvadbhiritikartavyatā nṛbhiḥ |
tāvato'tandritān dakṣān prakurvīta vicakṣaṇān ||61||

 

He shall appoint as many industrious, clever and skilful men as may be required for the accomplishment of his business. — (61)

 

Medhātithi’s commentary (manubhāṣya):

All these officials to be appointed should be well versed in the art of deliberation, and learned.

‘Skilful’. — Even when there is ground for fear and bewilderment, they retain their courage.

‘Industrious’ — not slothful. It has been declared in the Adhyakṣapracāra that — ‘That king alone deserves his kingdom whose minister is intelligent, loyal, industrious, well versed in matters relating to virtue and wealth, pure, clever and of noble family; having entrusted the burden of the kingdom to him, if the king gives himself to pleasure, he does not perish; because even so his kingly duties are duly fulfilled’. — (61)

 

Explanatory notes by Ganganath Jha:

‘Ādhyakṣapracāre’ (Medhātithi, p. 511, 1.14) — This is the name of one of the chapters in Kauṭilya’s Arthaśāstra. It is referred to again in the Bhāṣya on verse 81 below.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 185); — and in Nītimayūkha (p. 53).

 

Comparative notes by various authors:

(verses 7.60-62)

See Comparative notes for Verse 7.60.

 

 

VERSE 7.62

Section IV - Duties of the King

 

तेषामर्थे नियुञ्जीत शूरान् दक्षान् कुलोद्गतान् ।
शुचीनाकरकर्मान्ते भीरूनन्तर्निवेशने ॥६२॥

teṣāmarthe niyuñjīta śūrān dakṣān kulodgatān |
śucīnākarakarmānte bhīrūnantarniveśane ||62||

 

From among them he shall employ the brave, the expert, the high-born and the honest ones in work relating to finance, — such as mines and stores — and timid ones in the interior of the palace. — (62)

 

Medhātithi’s commentary (manubhāṣya):

‘Arthe’, ‘work relating to finance’, — i.e., offices prataining (pertaining?) to income and expenditure. In these he shall employ those who are ‘honest’ — not covetous of wealth.

Some of these financial offices are indicated by example ‘mines and stores’; — ‘mines’ are places where gold, silver and other precious metals are dug out and cleansed, and ‘stores’ consist of food-grains, cotton, seeds and so forth.

‘In the inferior of the palace’; — i.e., the inner apartments, the kitchen, the bed-room and the ladies’ apartments. — In these he shall appoint ‘timid’ persons. Because brave persons, if won over by his enemies, might kill the king, when he may be alone.

 

All of these should be ‘expert’; they are energetic and, not minding any opposition, never allow their master’s work to suffer. — (62)

 

Explanatory notes by Ganganath Jha:

‘Karmānta’ — ‘Bhakṣya-kārpāsāvāpādayaḥ’, ‘Food stuffs, cotton fabrics, utensils and so forth’ or ‘sowing of seeds of food-grains and cotton etc.’ (Medhātithi, to whom Buhler, on the strength of his own Mss., attributes the explanation ‘sugar-mills, distilleries and so forth’); — ‘store-houses of sugarcane, grains and such things’ (Kullūka).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 187), which adds the following notes: — Teṣām, ‘from among the said assistants’; — ‘arthe,’ ‘in the work of collecting revenue’; which is further explained by the term ‘ūkarakarmānta’; — ‘bhīrūn’, ‘those who are full of fear of this world as well as of the next’

It is also quoted in Aparārka (p. 581); — and in Nītimayūkha (p. 53), which explains ‘ākara’ as ‘mines of gold and other metals’, — ‘karmānta’ as ‘granaries’, — and ‘antarniveśana’ as ‘the bed-room and other private apartments,’ and adds that there should be ‘bhīru’, cowards, as brave men might kill the king.

 

Comparative notes by various authors:

(verses 7.60-62)

See Comparative notes for Verse 7.60.

 

 

VERSE 7.63 [The Ambassador (dūta)]

Section V - The Ambassador (dūta)

 

दूतं चैव प्रकुर्वीत सर्वशास्त्रविशारदम् ।
इङ्गिताकारचेष्टज्ञं शुचिं दक्षं कुलोद्गतम् ॥६३॥

dūtaṃ caiva prakurvīta sarvaśāstraviśāradam |
iṅgitākāraceṣṭajñaṃ śuciṃ dakṣaṃ kulodgatam ||63||

 

As ambassador he shall appoint one who is well versed in all the sciences, who understands hints, expressions and gestures, who is honest, expert and born of a noble family. — (63)

 

Medhātithi’s commentary (manubhāṣya):

For the Ambassador the further qualification is necessary, — that he should be able to understand ‘hints, expressions and gestures’. When the Ambassador goes to another king and the latter is deliberating with his ministers on questions of peace, there pass among them certain signs; for instance, the Ambassador is received with studied regard, he is confided in, his entire speeches are frequently praised. [All these he shall take note of.] But of unfavourable signs he shall take no notice.

‘Expressions’ — bodily changes; such as dejected looks, paleness of the face, silence, heaving of sighs, long and hot; — such bodily changes indicate humility, and the clever ambassador infers from these that ‘the man has fallen in some dire calamity, that is why he is pale’. On the other hand, when the man talks glibly, his body wears a bloom, the face is happy, — it shows that he is pleased.

‘Honest’ — in his dealings with women; (this is necessary) since it is through women that secrets generally become divulged and men fall into disgrace. — (63)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 188), which adds the following notes: — ‘Sarvaśāstraviśāradam’, ‘expert in several sciences, scriptural as well as temporal’; — ‘iṅgitam’, ‘words and accents indicative of people’s intentions’, — ‘ākāraḥ’, ‘joyous or pale expression of the face, indicative of joy or grief’; — ‘ceṣṭā’, ‘such actions as the throwing about of the arms and so forth, which are indicative of anger and other emotions’; — the man appointed should know all these.

This verse is quoted also in Vīramitrodaya (Lakṣaṇa, p. 225); — and in Rājanītiratnākara (p. 28b).

 

Comparative notes by various authors:

(verses 7.63-64)

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 180). — ‘The ambassador should he one who is truthful, conversant with dialects, eloquent, capable of endurance, sweet of speech, possesses knowledge of countries and their divisions, as also of time and its divisions; he should be one who acquaints himself with places and things and reports what he knows to the king at the right time.’

Garuḍa-purāṇa (Vīramitrodaya-Rājanīti, p. 180). — ‘Intelligent, thoughtful, capable of gauging.the minds of others, hard-hearted, truthful, — such should be the ambassador of the king.’

Mahābhārata (Vīramitrodaya-Lakṣaṇa, p. 226). — ‘High-born, polite, eloquent, clever, sweet of speech, truthful, of bright complexion, — these seven qualities should mark out the ambassador.’

Viṣṇudharmottara (Vīramitrodaya-Lakṣaṇa, p. 226). — (Same as the Matsya-purāṇa above.)

Arthaśāstra (p. 78). — ‘After having completed the consultation, he shall send out ambassadors. The ambassador should be endowed with all the qualities of the minister, if the entire business is to be confided to him; and if he is possessed of only three quarters of these qualities, only a part of the business shall be confided to him; and if he is possessed of only half of those qualities, then he shall only carry orders (without knowledge of the secrets).’

Kāmandaka (12.1). — ‘Having previously held the necessary counsel, the wise king shall depute to the court of the monarch against whom he intends to march, an ambassador, confident of his special abilities, — his selection having been approved by the cabinet.’

 

 

VERSE 7.64

Section V - The Ambassador (dūta)

 

अनुरक्तः शुचिर्दक्षः स्मृतिमान् देशकालवित् ।
वपुष्मान् वीतभीर्वाग्मी दूतो राज्ञः प्रशस्यते ॥६४॥

anuraktaḥ śucirdakṣaḥ smṛtimān deśakālavit |
vapuṣmān vītabhīrvāgmī dūto rājñaḥ praśasyate ||64||

 

That royal ambassador is commended who is loyal, honest, clever, possessed of good memory, conversant with place and time, handsome of body, fearless and eloquent. — (64)

 

Medhātithi’s commentary (manubhāṣya):

‘Loyal’ — ‘who cannot be won over.

‘Clever’ — does not miss the right time and place.

‘Possessed of good memory’ — who carries his master’s messages intact, without forgetting any part of it.

‘Conversant with time and place’. — knowing the proper time and place, he may say things which he may not have been told if it happens to be opportune.

‘Handsome’ — of goodly appearance. Being handsome to look at, he says things cleverly and in the right manner.

‘Fearless’; — it is only one who is free from fear who can say things in the proper spirit.

‘Eloquent’; — he is capable of replying to what may be said in answer to the message brought by him. — (64)

The author proceeds to explain why it is necessary to seek for the said qualities in an ambassador. —

 

Explanatory notes by Ganganath Jha:

‘Anuraktaḥ’ — ‘Loyal to the king’(Medhātithi, Govindarāja and Rāghavānanda); — ‘attached to the people’ (Kulluka).

This verse is quoted in Vīramitrodaya (Lakṣaṇa, p. 225); — and in Vīramitrodaya (Rājanīti, p. 188), which adds the following notes: — ‘Anuraktaḥ,’ ‘attached to the people and hence not likely to be disagreeable even, to enemy-kings’; — ‘śuciḥ,’ ‘pure in his dealings with women and money’; — ‘dakṣaḥ,’ ‘one who never misses his opportunity to act; — ‘smṛtimān,’ ‘not likely to forget either the instructions of his own king or the replies given by the other party’; — ‘deśakālavit’, ‘capable of altering either his own king’s message or the reply given by the other party, or his own operations, in view of the altered conditions of time and place in which he may find himself’; — ‘vapuṣmān’, ‘possessed of excellent physical features’, — ‘vītabhīḥ’, ‘who is capable of telling even disagreeable things to the king, if it is likely to be beneficial to the latter’s interests.’

 

Comparative notes by various authors:

(verses 7.63-64)

See Comparative notes for Verse 7.63.

 

 

VERSE 7.65

Section V - The Ambassador (dūta)

 

अमात्ये दण्ड आयत्तो दण्डे वैनयिकी क्रिया ।
नृपतौ कोशराष्ट्रे च दूते सन्धिविपर्ययौ ॥६५॥

amātye daṇḍa āyatto daṇḍe vainayikī kriyā |
nṛpatau kośarāṣṭre ca dūte sandhiviparyayau ||65||

 

The army is dependent upon the minister (of war); on the army rests the act of ruling; the treasury and the realm are dependent upon the king, and upon the ambassador depend peace and its opposite. — (65)

 

Medhātithi’s commentary (manubhāṣya):

‘Upon the minister’ — i.e., on the commander — ‘is dependent the army’ — composed of the elephant and the rest; since it is according to his wishes that it operates.

‘On the army rests the act of ruling’; — since the person, be he an inhabitant of the king’s own realm, or of another kingdom, who is to be ‘ruled’ has got to be punished; and the act pertaining thereto is called the ‘act of ruling’.

‘The Treasury and the Realm are dependent upon the king’ — ‘Treasury’ is the place of accumulation; and ‘realm’ is the country; and these two should not be made over to the charge of any other person; the king should look after them himself.

‘Upon the ambassador depend peace and its opposite’ — ‘Peace’ is obtained by the use of agreeable word and showing off what is done by his master; the opposite of this leads to ‘war’; both of these thus are dependent upon the Ambassador. — (65)

The work of the ambassador has thus been eulogised. The same fact is again reiterated: —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 188); and in Rājanītiratnākara (p. 27b.)

 

 

VERSE 7.66

Section V - The Ambassador (dūta)

 

दूत एव हि सन्धत्ते भिनत्त्येव च संहतान् ।
दूतस्तत् कुरुते कर्म भिद्यन्ते येन मानवः ॥६६॥

dūta eva hi sandhatte bhinattyeva ca saṃhatān |
dūtastat kurute karma bhidyante yena mānavaḥ ||66||

 

For it is the Ambassador alone who brings together allies and also alienates them; the Ambassador transacts that business by which people become disunited — (66)

 

Medhātithi’s commentary (manubhāṣya):

The Ambassador brings about the alliance of kings, and also disunites those already allied. He does the former by saying even such agreeable things as he has not been commissioned to say; and the latter by describing even such unfriendly acts as may not have been done; by not paying the presents of gold and other things that he may have brought with him.

In this way be disunites allies.

This business, just spoken of, is transacted by the Ambassador, and by it kings become disunited.

It is only persons with disagreeable speech that do this — (66)

Another work of the Ambassador is next described: —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 188).

 

 

VERSE 7.67-69

Section V - The Ambassador (dūta)

 

स विद्यादस्य कृत्येषु निर्गूढेङ्गितचेष्टितैः ।
आकारमिङ्गितं चेष्टां भृत्येषु च चिकीर्षितम् ॥६७॥

बुद्ध्वा च सर्वं तत्त्वेन परराजचिकीर्षितम् ।
तथा प्रयत्नमातिष्ठेद् यथाऽत्मानं न पीडयेत् ॥६८॥

जाङ्गलं सस्यसम्पन्नमार्यप्रायमनाविलम् ।
रम्यमानतसामन्तं स्वाजीव्यं देशमावसेत् ॥६९॥

sa vidyādasya kṛtyeṣu nirgūḍheṅgitaceṣṭitaiḥ |
ākāramiṅgitaṃ ceṣṭāṃ bhṛtyeṣu ca cikīrṣitam ||67||

buddhvā ca sarvaṃ tattvena pararājacikīrṣitam |
tathā prayatnamātiṣṭhed yathā'tmānaṃ na pīḍayet ||68||

jāṅgalaṃ sasyasampannamāryaprāyamanāvilam |
ramyamānatasāmantaṃ svājīvyaṃ deśamāvaset ||69||

 

In connection with the business of the foreign king, he should explore, by means of secret hints and transactions, the expression, the hints and the transactions among his servants, as also the intentions of the king himself. — (67)

Having learnt all the precise intentions of the foreign king, he shall take such steps that he may not bring trouble to himself. — (68)

He shall take up residence in a country which is open, fully supplied with grains, inhabited almost entirely by men of gentle birth, free from diseases, pleasant, where the vassals are obedient and where living is easily found. — (69)

 

Medhātithi’s commentary (manubhāṣya):

(verse 6.67)

‘He’ — the ambassador; — ‘in connection with the business of the king’, who is going to be marched against by his employer. — (67)

 

Explanatory notes by Ganganath Jha:

(verse 7.67)

‘Niguḍheṅgitaceṣṭitaiḥ’ — ‘By his own hidden gestures and actions’ (Govindarāja); — ‘through the gestures and actions of the Confidential agents of the other party’ (Kullūka); — ‘through men who hide their own significant gestures and actions’ (Nandana).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 188).

(verse 7.68)

The Bhāṣya on this verse has not been seen by us.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 188).

According to Medhātithi (mentioned by Buhler), the verse refers to the Ambassador who should so act as not to bring evil upon his own party; while according to others it refers to the king. Kullūka leaves it doubtful.

(verse 7.69)

‘Jāṅgalam’ — “The full definition of Jāṅgala is, according to a verse quoted by Govindarāja, Rāghavānanda and Kullūka, as below — ‘That country is called Jāṅgala which has little water and grass, where strong breezes prevail, the heat is great, where rain and the like are abundant” — Buhler.

‘Anāvilam’ — ‘Where the people are not quarrelsome’ (Medhātithi, mentioned by Buhler; though the Bhāṣya on this verse also is not found in any of the printed editions, nor in any of the Mss. consulted by us); — ‘not subject to epidemic diseases’ (Kullūka).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 197), which quotes the defintion of ‘Jāṅgala’ noted above, and adds that the qualification that ‘water should be scarce’ is meant to indicate that such a place would be less likely to be attacked by the enemy; in the capital itself the supply of water should be abundant. It adds the following explanatory notes on the text: — The place should be fully supplied with ‘shasya’, i. e., with rich and fresh supplies of grains from the autumn, winter, spring and rain harvests; — it should be ‘āryaprāyam’, i.e., full of virtuous people; — ‘anāvila’, i.e., free from all dangers from serpents, tigers and the like, — ‘ramya,’ agreeable, pleasant, — ‘ānatasāman ta’, ‘having all subsidiary kings fully won over by gifts of presents and honors’, — and ‘svājīvya’, ‘where means of agriculture and trade are easily procurable’; — in ‘deśamāvaset,’ the accusative ending is due to the root ‘vas’ being preceded by the preposition ‘ā.’

 

Comparative notes by various authors:

(verse 7.69)

Viṣṇu (3.4-5). — ‘The king shall fix his abode in a district containing open plains, fit for cattle and abounding in grain; — and inhabited by many Vaiśyas and Śūdras.’

Yājñavalkya (1.320). — ‘He shall reside in a country which is open, pleasant, fit for cattle, and where living is easily found.’

Smṛtyantarā (Vīramitrodaya-Rājanīti, p. 197). — ‘That country is called Jāṅgala where there are a few trees and a little water, many birds and many animals, and abundant heat and rain.’

Kāmandaka (4.54-56). — ‘A country where living is cheap, soil fertile and copiously irrigated, which is situated at the foot of a hill, contains a large number of Śūdras, traders and artisans, where the farmers are enterprising and energetic,

which is loyal to its ruler and inhospitable to its enemies, which ungrudgingly bears taxation, extensive in area, crowded with foreigners, which is rich, pious and abounding in cattle, where the popular leaders are not foolish and voluptuous, — such a country is the best. The king should always endeavour to promote the welfare of such a land; for with its prosperity, the other constituents of the state also prosper.’

Kāmandaka (4.61). — ‘A country having communications both by land and by water, and furnished with castles affording shelter to the royal family at the time of seige — such a country is suitable for the habitation of a king seeking prosperity.’

Śukraniti (1.425-428). — ‘In a place that abounds in trees, plants and shrubs, — that is rich in cattle, birds and other animals, — that is equipped with a good supply of water and grains and is happily provided with resources in grass and fuel, — that is bestirred by the movements of boats to the seas, and is not very far from the hills, and is on level ground, a picturesque plain, — the king shall build his capital.’

Matsya-purāṇa (Do., p. 198). — ‘The king having appointed his assistants, shall take up his residence in a country which is supplied with abundant fodder and fuel, pleasant, where the vassals are obedient, and which is centrally situated; where the population consists largely of Vaiśyas and Śūdras, nor liable to attack by enemies, containing a few Brāhmaṇas and many labourers; which is not dependent totally upon rain, inhabited by men devoted to the king, not over-taxed, and supplied with plenty of fruits and flowers; nor accessible to the armies of others, where happiness and unhappiness are equable; which is free from reptiles, wild animals and thieves; — as far as possible, the king shall take up his residence in such a country.’

Viṣṇudharmottara (Do.). — ‘The king, along with his assistants, shall take up his residence in a country which is suitable for cattle, open, pleasant, inhabited principally by Vaiśyas and Śūdras, free from diseases.’

Arthaśāstra (8.109). — ‘Either an old settlement or a new one he shall get inhabited either by importing men from other countries or by overflowings from his own country; the village shall be inhabited mostly by Śūdras and cultivators; consisting of not less than a hundred and not more than five hundred families, with boundaries extending over two or four miles and well marked by trees, hills, etc.’

 

 

VERSE 7.70 [Fortification (durga)]

Section VI - Fortification (durga)

 

धन्वदुर्गं महीदुर्गमब्दुर्गं वार्क्षमेव वा ।
नृदुर्गं गिरिदुर्गं वा समाश्रित्य वसेत् पुरम् ॥७०॥

dhanvadurgaṃ mahīdurgamabdurgaṃ vārkṣameva vā |
nṛdurgaṃ giridurgaṃ vā samāśritya vaset puram ||70||

 

He shall live in a city, taking up his residence either in a ‘bow-fort’, or in an ‘earthen fort’, or in an ‘aquatic fort,’ or in an ‘arborial fort,’ or in a ‘human fort,’ or in a ‘hilly fort.’ — (70)

 

Medhātithi’s commentary (manubhāṣya):

‘Bow-fort’ — surrounded by a strongly-built wall, built of bricks, double-storeyed, more than 12 cubits high) with its base like the palm and its top like the monkey’s head.

‘Earthen fort’ — surrounded by earthen embankments.

‘Aquatic fort’ — surrounded by unfathomable water.

‘Arborial fort’ — surrounded, to a distance of four miles, with densely-packed large trees.

‘Human fort’ — garrisoned by an army of four divisions, and filled with arms and heroic persons.

‘Hilly fort’ — inaccessibly high, with a single pathway leading to it, supplied with water from an underground stream. — (70)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 406), as describing the various kinds of fortification; — in Mitākṣarā (on 1. 320) as describing the six kinds of fortification; — in Vīramitrodaya (Rājanīti, p. 202); — and in Vīramitrodaya (Lakṣana, p. 239), which adds the following explanations: — ‘Dhanvadurgam’ is ‘the fortification in the midst of a desert’, called ‘durga’, because of its inaccessibility due to absence of water and other difficulties; — it suggests another explanation of the name — ‘dhanvā’ is the name of a tract of land devoid of shelter and water; and a fort that is surrounded by such a tract of land is ‘dhanvadurga’; the meaning being that the king should make his fort, and then render its vicinity waterless and shelterless. It notes a third explanation of the name: — ‘Dhanvan,’ ‘bow,’ indicates the ‘dhanvin’, ‘archer’; hence ‘dhanvadurga’ would mean a ‘line of defence consisting of of men armed with bows and arrows This, it says, is not right; as it involves the necessity of having recourse to metaphorical explanation; and also because we have never heard of such a ‘fort’; again because such a ‘line of defence’ could be very easily broken through; and lastly because this would be the same as the ‘nṛdurga’ coming later. — ‘Naradurga’ is the line of defence consisting of the army; and this consists of elephants, chariots, horses and archers; and as this also would include archers, the separate name ‘dhanvadurga’ could not stand for the same sort of defence. — The ‘Mahīdurga’ is the ‘fort made of bricks and stones on the ground’; — some people explain it as a fort consisting only of an unevenly rugged tract of land; — the ‘Mahīdurga’ has been thus defined in Auśanasa Dhanurveda — ‘That fort is called Mahīdurga which consists of a tract of land, portions of which are very high and others very low; it is equipped with all accessories, well guarded and filled with all means of offence and defence’. The ‘Jaladurga’ consists of that place which is surrounded by swift, and unfordable streams of water. — The ‘Vanadurga’ is a tract of land surrounded by impenetrable forests and trees. — ‘Baladurga or Nṛdurga’ is that line of defence which consists in the dispositions of the army. — The ‘Giridurga’ is erected either on the summit of a mountain, or in a tract of land surrounded by hills.

It is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 72a): — and in Nītimayūkha (p. 64), which adds that Kāmandaka mentions the Airaṇadurga also.

 

Comparative notes by various authors:

Mahābhārata (12.86.5). — ‘Dhanvadurga, Mahīdurga, Giridurga, Manuṣyadurga, Mṛddurga, Vanadurga, — these are the six forts.’

Viṣṇu (3.6). — ‘There shall he reside in a stronghold — either of desert, or of armed men, or of fortifications, or of water, or of trees, or of mountains.’

Yājñavalkya (3.20). — ‘There he shall build forts for the protection of men and treasures.’

Kāmandaka (4.57). — ‘The king should settle in a fortress which is extensive, environed by a wide ditch and secured with gates, strengthened with high massive walls and sheltered by mighty mountains, forests and deserts.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 199). — ‘The wise king shall build one of the six kinds of fort — the Bow fort, the Earthen fort, the Human fort, the Arborial fort, the Aquatic fort and the Hilly fort.’

Auśanasa Dhanurveda (Do.). — ‘(1) The Bow fort is that which is devoid of water, abounding in pebbles, rough, without supports, beset with obstacles and poisonous insects, not admitting of easy locomotion, equipped with strong guards and free from disease. (2) The Earthen fort is equipped with all accessories, well protected, and supplied with implements, in places very high, and in places very low. (3) The Human fort consists of men related to the king hereditarily, obedient and contented, well-trained and under suitable officers, terrible, and ever alert. (4) The Arborial fort consists of the forest, with paths unknown, densely packed with trees, thickets and creepers and thorns extending far and wide. (5) The Aquatic fort consists of water which has only one entrance and that narrow, full of poison and such aquatic animals as are fond of touching, devouring and killing. (6) Hilly fort consists of a mountain, which is inaccessible, beyond the reach of arrows, fully equipped with all accessories and comforts.’

Mahābhārata (Vīramitrodaya-Rājanīti, p. 199). — ‘The king shall gather for himself all the corn; what he cannot gather, that he shall burn; all standing crops also he shall destroy; he shall demolish all passages in rivers and over forts; he shall make all the water flow out; what cannot flow out, that he shall pollute; he shall uproot all small trees near about the fort; of the larger trees, he shall lop off all the branches.’

Bṛhaspati (Do.). — ‘For the protection of his wife, wealth and people, as also of stores, the king has to build a fort with double walls.’

Matsya-purāṇa. (Do., p. 203). — ‘The fort shall be surrounded by a ditch, equipped with walls and towers, as also with hundreds of guns and other machines.’

Viṣṇudharmottara (Do., Lakṣaṇa, p. 242). — ‘The king shall build one of the six kinds of forts.’

Arthaśāstra (p. 119). — ‘In the middle of the settlement, he shall establish a natural fort for purposes of war either in the form of an enclosed island, or high ground surrounded by deep ditches, called the water fort; or of stone, in the shape of caves, called the hilly fort; caves, or barren ground devoid of water and grass, called the Bow fort; Or of thicket-covered marshy land, called the Arborial fort. Of these the Water and Hill forts are for defence and the Bow and Arborial forts are for safety during times of distress.’

 

 

VERSE 7.71-72

Section VI - Fortification (durga)

 

सर्वेण तु प्रयत्नेन गिरिदुर्गं समाश्रयेत् ।
एषां हि बाहुगुण्येन गिरिदुर्गं विशिष्यते ॥७१॥

त्रीण्याद्यान्याश्रितास्त्वेषां मृगगर्ताश्रयाप्चराः ।
त्रीण्युत्तराणि क्रमशः प्लवङ्गमनरामराः ॥७२॥

sarveṇa tu prayatnena giridurgaṃ samāśrayet |
eṣāṃ hi bāhuguṇyena giridurgaṃ viśiṣyate ||71||

trīṇyādyānyāśritāstveṣāṃ mṛgagartāśrayāpcarāḥ |
trīṇyuttarāṇi kramaśaḥ plavaṅgamanarāmarāḥ ||72||

 

By all means in his power he shall take shelter in a ‘hilly fort’; because among all these (forts) the hilly fort is distinguished by many good qualities. — (71).

The first three of these are inhabited by deer, by animals living underground and by aquatic animals, and the last three by monkeys, men and gods. — (72).

 

Medhātithi’s commentary (manubhāṣya):

(verses 7.71-72)

‘The first three’ — the ‘bow-fort’ and the rest.

‘Inhabited’ — taken shelter in.

‘Animals living underground’ — the gargara (a kind of fish,) the mungoose and the like.

‘Aquatic animals’ — alligators, tortoise and so forth.

This means that the King suffers the good and bad effects that are suffered by the animals inhabiting these places of shelter.

‘The last three’ — ‘Plavaṅgama’ is the monkey. — (72)

 

Explanatory notes by Ganganath Jha:

(verse 7.71)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 203), which explains ‘bāhuguṇyena’ as ‘by reason of its having many apparent advantages, such as inaccessibility and so forth’; — in Nṛsiṃhaprasāda (Saṃskāra p. 72a); — and in Nītimayūkha (p. 65), which says that the genitive in ‘eteṣam’ (which is its reading for ‘eṣām hi)’ denotes selection.

(verse 7.72)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 202), which adds the following explanations: — From among the first three kinds of fort, wild animals take shelter in the fort consisting of the desert, — ‘animals living in holes,’ i.e., rats take shelter in the fort consisting of the ground, fish take shelter in the ‘fort’ consisting of unfordable water; — monkeys take shelter in trees, which constitute their ‘fort’; — and man takes shelter under men, who constitute his ‘fort’, — and the gods take shelter on mountain-peaks, like the Kailāśa. What is meant is that ‘just as the gods and others take shelter under the defences of the Kailasha peak and so forth, so should the king take shelter in a fort.

 

Comparative notes by various authors:

(verse 7.71)

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 203). — ‘Of all forts, the Hilly fort is the most highly commended.’

Mahābhārata (Do., p. 201). — ‘Among the six kinds of forts laid down in the scriptures, it is the Human fort that is the most inaccessible.’

Śukranīti (1.766). — ‘The king should take shelter in hill forts in times of great danger.’

Do. (4. 5, 2 et seq.). — ‘Forts are made inaccessible by ditches, thorns, rocks and deserts. The fort surrounded by ditches is called Parikhā; that by walls of stone and bricks, Parigha; that by trees, thorns and thickets Vanadurga; that near which there is no water is called Dhanvadurga; that surrounded by large sheets of water is called Jaladurga; that situated on high ground and supplied with plenty of water is called Giridurga; that guarded by heroes versed in military tactics is called Sainyadurga; that belonging to allies and relations is the Sahāyadurga. The Sahāyadurga and the Sainyadurga arc the best of all.’

Bṛhaspati (Vīramitrodaya-Rājanīti, p. 204). — ‘It should be equipped with fuel, flavouring substances, canes, fodder, conveyances, machines and weapons, and also well-disposed and brave soldiers. The king shall also bring together, and provide livings for Brāhmaṇas learned in Vedic lore and Kṣatriyas, also performers of Agṇihotra.’

Viṣṇudharmottara (Do.). — ‘Each one of these forts shall be supplied with treasure and provisions, with elephants, horses and chariots, — also with gems; it shall he fully supplied with machines, abounding in Vedic learning, and equipped with all materials of war, well-stored with food and money, supplied with drinks and water, fully supplied with elephants, horses, chariots, cows, physicians and astrologers; also with clarified butter, oils and medicines and other accessories; protected by walls, ditches, towers and turrets.’

Mahābhārata — Śāntiparva (Parāśaramādhava Ācāra, p. 407). — ‘Protected by strong walls and ditches, supplied with elephants, horses and chariots, with bright citizens, adorned with squares and markets, full of brave and wise men.’

 

 

VERSE 7.73

Section VI - Fortification (durga)

 

यथा दुर्गाश्रितानेतान्नोपहिंसन्ति शत्रवः ।
तथाऽरयो न हिंसन्ति नृपं दुर्गसमाश्रितम् ॥७३॥

yathā durgāśritānetānnopahiṃsanti śatravaḥ |
tathā'rayo na hiṃsanti nṛpaṃ durgasamāśritam ||73||

 

Just as enemies do not hurt these beings sheltered in their fortresses, so also the enemies do not injure the king protected by his fort.

 

Medhātithi’s commentary (manubhāṣya):

This verse explains the use of making forts; the sense being that since even extremely weak persons, if sheltered by forts, cannot be easily injured by powerful enemies, it is advisable to take shelter in a fort. — (73)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 202).

 

 

VERSE 7.74

Section VI - Fortification (durga)

 

एकः शतं योधयति प्राकारस्थो धनुर्धरः ।
शतं दशसहस्राणि तस्माद् दुर्गं विधीयते ॥७४॥

ekaḥ śataṃ yodhayati prākārastho dhanurdharaḥ |
śataṃ daśasahasrāṇi tasmād durgaṃ vidhīyate ||74||

 

A single bow-man, standing on a rampart, can fight against a hundred; and a hundred can fight against ten thousand; it is for the season that fortification has been enjoined. — (74).

 

Medhātithi’s commentary (manubhāṣya):

This use of the fort is well known.

Some people have held that the example of the ‘rampart’ indicates that this refers to the ‘hill-fort’. But this is not right; because ramparts are possible in ‘earthen forts’ also. Hence the use here described must refer to all kinds of forts. — (71)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 202); — in Vīramitrodaya (Lakṣaṇa, p. 238); — in Nītimayūkha (p. 65), which says that even if the attack is made by men ten times the number of the garrison, they are repulsed; — and in Rājanītiratnākara (p. 20a).

 

 

VERSE 7.75

Section VI - Fortification (durga)

 

तत् स्यादायुधसम्पन्नं धनधान्येन वाहनैः ।
ब्राह्मणैः शिल्पिभिर्यन्त्रैर्यवसेनोदकेन च ॥७५॥

tat syādāyudhasampannaṃ dhanadhānyena vāhanaiḥ |
brāhmaṇaiḥ śilpibhiryantrairyavasenodakena ca ||75||

 

It should be folly equipped with weapons, with money and grain, with conveyances, with Brāhmaṇas, with artisans, with machines, with fodder and with water, — (75)

 

Medhātithi’s commentary (manubhāṣya):

‘Weapons’ — swords, javelins &c.

‘Equipped’ — supplied.

‘Weapons’ include also armour, helmet and other accoutrements of war.

‘Money’ — gold, silver &c.

‘Conveyances’ — chariots, horses &c.

‘Artisans’ — men capable of working at machines, i.e., carpenters and so forth.

‘Fodder’ —

‘Brāhmaṇas’ — ministers and priests, as well as others. These may come useful if certain religious acts have got to be done for the allaying of sudden portents etc.

As the list is not meant to be exhaustive, the king should get together also physicians and other persons likely to be of use. — (75)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 204); — in Vīramitrodaya (Lakṣaṇa, p. 238); — in Parāśaramādhava (Ācāra, p. 407); — in Nṛsiṃhaprasāda (Saṃskāra, p. 72a); — and in Nītimayūkha (p. 65), which explains ‘mantraiḥ’ (v. l. ‘yantraiḥ’) as ‘persons well versed in the use of incantations for the cure of snake-bite and other ills’.

 

 

VERSE 7.76

Section VI - Fortification (durga)

 

तस्य मध्ये सुपर्याप्तं कारयेद् गृहमात्मनः ।
गुप्तं सर्वऋतुकं शुभ्रं जलवृक्षसमन्वितम् ॥७६॥

tasya madhye suparyāptaṃ kārayed gṛhamātmanaḥ |
guptaṃ sarvaṛtukaṃ śubhraṃ jalavṛkṣasamanvitam ||76||

 

In the centre of the fort, he shall get built for himsrlf a spacious palace, well guarded, equipped with all seasons, resplendent, and supplied with water and trees. — (76)

 

Medhātithi’s commentary (manubhāṣya):

‘Spacious’ — as large as may be necessary for the king, his sons, his treasury, armoury, stables and other necessities.

‘Well guarded’ — with several compartments.

Such a palace he shall get built for himself.

‘Equipped with all seasons’ — adorned with flowers and garlands of all seasons: thus all the seasons would be present there. The term ‘seasons’ stands for the produetts of the seasons, in the shape of flowers, fruits etc.

If we read ‘Sarvartugam’ — it means ‘the place where all the seasons are present’. The sense remains the same in both cases. When a thing is present in a place, the place is said to be equipped with it.

‘Resplendent’ — whitewashed with lime.

‘Supplied with water and trees’ — equipped with fountains, gardens and parks. — (76)

 

Explanatory notes by Ganganath Jha:

‘Sarvartukam’ — ‘Provided with the produce of all seasons’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘habitable in all seasons’ (Nandana and Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 407); — and in Nītimayūkha (p. 65), which explains ‘sarvartukam’ as ‘with gardens containing trees of fruits of all seasons, or stocked with fruits and flowers of all seasons’, — and ‘sarvavastusamanvitam’ as ‘stocked with things needed in several seasons’.

 

Comparative notes by various authors:

Āpastamba (2. 25.2-3). — ‘He shall cause to be built a town and a palace, the gates of both being towards the South. The palace shall stand in the heart of the town.’

Śukranīti (1.435-437). — ‘The palace is to be built in the midst of the council-buildings, equipped with stables for elephants, horses and cattle, well adorned with spacious tanks, wells and water-pumps, having sides of equal length in all directions, high, towards the South and North.’

Bṛhaspati (Vīramitrodaya-Rājanīti, p. 206). — ‘At the centre of the fort, the king shall build a separate house supplied with trees and water, to the East of which facing the East, should be the Hall.’

Viṣṇudharmottara (Do.). — ‘Therein shall the king build a house, after consulting the astrologer and the architect.’

Kāmandaka (4.58). — ‘The king should build a castle, proof against the inclemencies of weather, well supplied with provisions and money and an abundant water-supply.’

 

 

VERSE 7.77 [Domestic Duties]

Section VII - Domestic Duties

 

तदध्यास्योद्वहेद् भार्यां सवर्णां लक्षणान्विताम् ।
कुले महति सम्भूतां हृद्यां रूपगुणान्विताम् ॥७७॥

tadadhyāsyodvahed bhāryāṃ savarṇāṃ lakṣaṇānvitām |
kule mahati sambhūtāṃ hṛdyāṃ rūpaguṇānvitām ||77||

 

Having occupied it, he shall wed a wife of the same caste as himself, who is equipped with auspicious signs, born in a noble family, charming, and possessed of beauty and excellent qualities. (77)

 

Medhātithi’s commentary (manubhāṣya):

‘Having taken up his residence in it’ — the said palace — he should, for the purpose of helping himself, marry a wife from some ‘noble family’; such an alliance being conducive to his welfare.

‘Of the same caste as himself &c. — what is meant by all this has been already explained before (3.4).

‘Charming’ — pleasing; endowed with brightness and loveliness of complexion.

‘Beauty ’ — of good bodily shape.

‘Excellent qualities’ — speech, conduct and so forth.

‘Possessed of’ — Endowed with. — (77)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 407).

 

 

VERSE 7.78

Section VII - Domestic Duties

 

पुरोहितं च कुर्वीत वृणुयादेव चर्त्विजः ।
तेऽस्य गृह्याणि कर्माणि कुर्युर्वैतानिकानि च ॥७८॥

purohitaṃ ca kurvīta vṛṇuyādeva cartvijaḥ |
te'sya gṛhyāṇi karmāṇi kuryurvaitānikāni ca ||78||

 

He shall appoint a household priest and select officiating priests; they shall perform his domestic rites, as also the fire-sacrifices. — (78)

 

Medhātithi’s commentary (manubhāṣya):

Even though the Accusative case-ending has been used, yet the singular number (in ‘purohitam’, ‘priest’) should be regarded as significant; specially as the singleness of the household priest has been declared elsewhere also; the present construction being analogous to that in the case of such sentences as ‘he cuts a post’, ‘one should obtain a wife’, and so forth.

‘He shall select officiating priests’ — The exact number of these should be ascertained from Vedic texts. Their qualifications arc — ‘They should be neither too fat nor too lean, neither too tall nor too short, neither too old nor too young, having at least six ancestors on both sides famed for learning, austerity and actions, their Brāhmaṇa-hood should be above suspicion and they should themselves be learned’; and so forth.

‘Domestic rites’ — those that are performed for the allaying of evil portents and for the securing of welfare.

‘Fire sacrifices’ — sacrificial rites performed in connection with the Three Fires. — (78)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 407); — and in Rājanītiratnākara (p. 13b).

 

Comparative notes by various authors:

Gautama (11.12-18). — ‘He shall select as his domestic priest, a Brāhmaṇa who is learned, of noble family, eloquent, handsome, of proper age, and of virtuous disposition, who lives righteously and is austere. With his assistance, he shall fulfil his religious duties; for it is declared in the Veda that “Kṣatriyas who are assisted by Brāhmaṇas prosper and do not fall into trouble.” He shall also take heed of that which astrologers and interpreters of omens tell him.... He shall perforin in the Fire of the Hall the rites ensuring prosperity, which are connected with Śānti (allaying of portents), festivals, a prosperous march, long life and auspiciousness; as well as those that are intended to cause enmity, to subdue enemies, to destroy them by incantations, and to cause their misfortune. Officiating priests shall perform for him the other sacrifices, according to the law.’

Baudhāyana (1.18.7, 8). — ‘The king shall choose a domestic priest, foremost in all transactions; — and shall act according to his instructions.’

Kāmandaka (4.32). — ‘A person well versed in the Vedic Triad and in the Science of Government should he appointed as the Royal Priest; he shall perform the Śānti, Pauṣṭika and other rites according to the Atharva Veda.’

Vaśiṣṭha (19. 3-6). — ‘He shall appoint a domestic priest to perform those rites that are obligatory for householders. It is declared in the Veda that a realm where a Brāhmaṇa is appointed domestic priest, prospers. Thus shall both his duties he fulfilled; — by himself alone the king would be unable to do both.’

Viṣṇu (3.70). — ‘He shall appoint as domestic priest a man conversant with the Vedas, the Epics, the Institutes of Sacred Law, and the science of what is useful in life, — of a good family, not deficient of limbs, and persistent in the performance of austerities.’

Yājñavalkya (1.312-313). — ‘He shall appoint the domestic priest, who is well versed in astrology, endowed with the aforesaid qualities, expert in criminal law, and also in the Atharvāṅgirasa rites. For the performance of Śrauta and Smārta rites, he shall appoint the sacrificial priests and shall perform, according to law, sacrifices at which large fees are paid.’

Arthaśāstra (p. 46). — ‘He shall appoint as his domestic priest a person whose family and character are well-known, who is well-instructed in the Veda with the six subsidiaries, in portents and the science of government, competent to allay all troubles from human and superhuman sources hy means laid down in the Atharva Veda; him the king shall follow as the pupil follows the teacher, the son the father, or the servant the master.’

 

 

VERSE 7.79

Section VII - Domestic Duties

 

यजेत राजा क्रतुभिर्विविधैराप्तदक्षिणैः ।
धर्मार्थं चैव विप्रेभ्यो दद्याद् भोगान् धनानि च ॥७९॥

yajeta rājā kratubhirvividhairāptadakṣiṇaiḥ |
dharmārthaṃ caiva viprebhyo dadyād bhogān dhanāni ca ||79||

 

The King shall offer various sacrifices at which large sacrificial fees are paid; and for the purpose of acquiring merit, he shall provide for Brāhmaṇas luxuries and riches. — (79)

 

Medhātithi’s commentary (manubhāṣya):

‘At which large sacrificial fees are paid’ — i.e., the Pauṇḍarīka and other elaborate sacrifices.

‘Luxuries and riches’. — Clothes, scents, unguents, and rich food constitute the ‘luxuries’; and ‘riches’ consist in silver and gold.

Some people hold that these gifts are obligatory, and not voluntary. This is what is meant by the assertion that this is ‘for the purpose of acquiring merit’. — (79).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 407).

 

Comparative notes by various authors:

Yājñavalkya (1.313). — (See above, under 78.)

Āpastamba (2.26.1). — ‘A king who, without detriment to his dependents, gives land and money to Brāhmaṇas, according to their deserts, gains imperishable worlds.’

Viṣṇu (3.78-81, 84). — ‘He shall offer sacrifices; — he must not suffer any Brāhmaṇa in his realm to perish from want, nor any other loading a pious life. He shall bestow landed property upon Brāhmaṇas. He shall present the Brāhmaṇas with gifts of every kind.’

 

 

VERSE 7.80

Section VII - Domestic Duties

 

सांवत्सरिकमाप्तैश्च राष्ट्रादाहारयेद् बलिम् ।
स्याच्चाम्नायपरो लोके वर्तेत पितृवत्नृषु ॥८०॥

sāṃvatsarikamāptaiśca rāṣṭrādāhārayed balim |
syāccāmnāyaparo loke varteta pitṛvatnṛṣu ||80||

 

He should cause the yearly revenue to be collectbd by trusted men. In his business he shall stick to the scriptures; and towards the people he shall behave like a father. — (80)

 

Medhātithi’s commentary (manubhāṣya):

‘Revenue’ — the tux, in the shape of the sixth part of the produce of grains.

By trusted men’ — by men who have been tested by means of tests.

‘He shall stick to the scriptures’ — as detailed above. That is, he shall have recourse to such sciences of reasoning &c. as depend mostly upon the scriptures. Or, it may mean that he shall receive only such part, of the produce as ‘tax’ as may be sanctioned by established usage, never more than that.

‘Towards the people he shall behave like a father’. — That is, he shall behave lovingly towards those who pay the taxes, as also towards others. — (80)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 407); — and in Vīramitrodaya (Rājanīti, p. 187), which explains ‘sāṃvatsarikam balim’ as the ‘yearly tax’, — ‘loke’ as ‘among the people’, — and ‘āśrayaparaḥ’ as ‘inclined to provide livings for the poor and the helpless.’

 

Comparative notes by various authors:

Yājñavalkya (1.321). — ‘For the king there is no act more meritorious than this that what he obtains by war he gives away to Brāhmaṇas and the gift of fearlessness to the people.’

Kāmandaka (5.78, 79). — ‘Agriculture, communications to facilitate commercial traffic, entrenchment of strongholds for soldiers in the capital, construction of dams and bridges across rivers, erection of enclosures for elephants, working of mines and quarries, felling and selling of timber and the peopling of uninhabited tracts, — these eightfold sources of revenue, the king should ever enhance; his officers looking up to him for livelihood should also do so, for maintaining themselves.’

 

 

VERSE 7.81

Section VII - Domestic Duties

 

अध्यक्षान् विविधान् कुर्यात् तत्र तत्र विपश्चितः ।
तेऽस्य सर्वाण्यवेक्षेरन्नृणां कार्याणि कुर्वताम् ॥८१॥

adhyakṣān vividhān kuryāt tatra tatra vipaścitaḥ |
te'sya sarvāṇyavekṣerannṛṇāṃ kāryāṇi kurvatām ||81||

 

Here and there he shall appoint several proficient inspectors; they shall supervise all the acts of men working for him. — (81)

 

Medhātithi’s commentary (manubhāṣya):

‘Inspectors’ — duly authorised supervisors — ‘he shall appoint.’

‘Several’ — of various kinds; i.e. kind-hearted, hard-hearted, righteous and experts in collecting wealth.

‘Here and there’, — in the treasury containing gold, in the collecting of customs and taxes in cash and kind, in looking after the navy, the elephants, the chariots, the horses and the foot-soldiers. To all this he shall appoing (appoint?) ‘proficient men. All these should be endowed with all the qualities of ministers; as has been declared in the Adhyakṣapracāra — ‘Those inspectors shall supervise all the works of men who transact the king’s business as his agents, — e.g., elephant-keepers in the keeping of elephants, masters of the horse in looking after horses, and keepers of cattle in looking after ploughing and such works’. — (81)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 581), which explains ‘kāryāṇī’ as ‘good and bad deeds.’

 

Comparative notes by various authors:

Yājñavalkya (1.320-321). — In several places he shall appoint officers, expert, clever and pure and ever careful regarding income, expenditure and the harem.’

Arthaśāstra (p. 130). — ‘The officer styled Samāhartṛ shall look after forts, kingdom (e.g., Revenue, Taxes, Customs and so forth), mines, bridges and dams, forests, cow-pens and trade-routes.’

Śukranīti (2.234-236). — ‘He should appoint many supervisors, or only one officer without supervisors, according to the importance of the charge. For other works he should appoint those who are fit.’

 

 

VERSE 7.82

Section VII - Domestic Duties

 

आवृत्तानां गुरुकुलाद् विप्राणां पूजको भवेत् ।
नृपाणामक्षयो ह्येष निधिर्ब्राह्मोऽभिधीयते ॥८२॥

āvṛttānāṃ gurukulād viprāṇāṃ pūjako bhavet |
nṛpāṇāmakṣayo hyeṣa nidhirbrāhmo'bhidhīyate ||82||

 

He shall do honour to those Brāhmaṇas who have returned from their teacher’s house; for kings, this is interminable; and has been called ‘Brahmic treasure’. — (82)

 

Medhātithi’s commentary (manubhāṣya):

He shall honour with gifts those Brāhmaṇas who have learnt the Veda and studied what is contained in it in their teacher’s house and are desirous of proceeding to Householdership.

This act of giving also is abligatory on the King. Hence it is said that — ‘for the king this is interminable — i.e., obligatory, hence interminable, life-long. If it were voluntary, its necessity would cease as soon as its fruits had been attained. This is exactly what is going to be described under 11.1.

Others however hold that what is enjoined under 11.1 is the giving of gifts to persons seeking for it, while the present context refers to persons not seeking for gifts; hence all that is meant is that they shall be duly honoured with such presents as those of a pair of cloth and the like, just in obedience to the injunction laying down such honouring, it is in view of this that the text has said ‘he shall do honour to the Brāhmaṇas.’

‘Brahmic’ — entrusted to the Brāhmaṇas. — (82).

 

Comparative notes by various authors:

(verses 7.82-83)

Yājñavalkya (1.314). — ‘He shall present to Brāhmaṇas objects of enjoyment, and various kinds of riches; what is given to Brāhmaṇas constitutes an inexhaustible treasure for the king.’

Do. (1.321). — (See under 80.)

 

 

VERSE 7.83

Section VII - Domestic Duties

 

न तं स्तेना न चामित्रा हरन्ति न च नश्यति ।
तस्माद् राज्ञा निधातव्यो ब्राह्मणेष्वक्षयो निधिः ॥८३॥

na taṃ stenā na cāmitrā haranti na ca naśyati |
tasmād rājñā nidhātavyo brāhmaṇeṣvakṣayo nidhiḥ ||83||

 

Neither thieves, nor enemies take it away; nor does it perish; hence this inexhaustible treasure shall be deposited by the king with the Brāhmaṇas. — (83)

 

Medhātithi’s commentary (manubhāṣya):

The wealth that is given away to Brāhmaṇas, that ‘no thieves’ — forest-robbers — can take away; enemies also cannot take it. Nor does it become lost — either in the form of treasure buried underground, of which the exact position cannot be recalled, or in the form of security. — (83)

 

Comparative notes by various authors:

(verses 7.82-83)

See Comparative notes for Verse 7.82.

 

 

VERSE 7.84

Section VII - Domestic Duties

 

न स्कन्दते न व्यथते न विनश्यति कर्हि चित् ।
वरिष्ठमग्निहोत्रेभ्यो ब्राह्मणस्य मुखे हुतम् ॥८४॥

na skandate na vyathate na vinaśyati karhi cit |
variṣṭhamagnihotrebhyo brāhmaṇasya mukhe hutam ||84||

 

What is offered into the mouth of the Brāhmaṇa, which is neither spilt nor spoilt, nor wasted, is far superior to the Fire-offerings. — (84)

 

Medhātithi’s commentary (manubhāṣya):

That the act just mentioned must be performed is asserted again in another form; What is offered into the Fire is sometimes ‘spilt’ — it flows out, when it is poured out; sometimes it becomes spoilt — as in the case of the cake — by becoming overburnt. Similarly it becomes ‘wasted’ — in the eyes of all cultured men — by reason of defects in the ritualistic detail. None of these defects is possible in the case of what is given to Brāhmaṇas.

It is in view of this that the text asserts that this is ‘superior to the Fire-offerings’ — i.e. to the offerings poured into fire. Or, the term ‘Agnihotra’ may be taken in its literal sense of the name of the Rite; and in that case we have to supply the term ‘et cetera.’

‘Offered into the mouth.’ — The hand of the Brāhmaṇa is his ‘mouth’; according to the declaration — ‘The Brāhmaṇa has been described as having his hands for his mouth.’

‘Superior’ — more excellent.

This is purely commendatory; and should not be taken as actually detracting from the value of the Fire-offerings. — (84)

 

Explanatory notes by Ganganath Jha:

‘Chyavate’ — ‘Becomes spoilt’ (Medhātithi); Kullūka reads ‘vyathate’ and explains it as ‘dries up’; and Rāghavānanda as ‘causes pain’.

This verse is quoted in Rājanītiratnākara (p. 14a).

 

Comparative notes by various authors:

Vaśiṣṭha (30.7). — ‘The offering made through the mouth of a Brāhmaṇa, which is neither spilt nor causes pain, nor assails him who makes it, is far more excellent than the Agnihotra.’

Yājñavalkya (1.315), — ‘What is offered into the Brāhmaṇa-fire is an oblation that involves no spilling and no pain, and is not tainted by expiations.’

 

 

VERSE 7.85

Section VII - Domestic Duties

 

सममब्राह्मणे दानं द्विगुणं ब्राह्मणब्रुवे ।
प्राधीते शतसाहस्रमनन्तं वेदपारगे ॥८५॥

samamabrāhmaṇe dānaṃ dviguṇaṃ brāhmaṇabruve |
prādhīte śatasāhasramanantaṃ vedapārage ||85||

 

The gift to a non-Brāhmaṇa is equable; that to a nominal Brāhmaṇa is twofold; that to the Teacher, a hundred-thousand-fold and that to a person thoroughly learned in the Veda, endless. — (85)

 

Medhātithi’s commentary (manubhāṣya):

Objection: — “As a matter of fact, it has been laid down in the present context that gifts should be made to Brāhmaṇas (82); and before this also (under 3.96) it has been declared that gifts should be made ‘to a Brāhmaṇa who knows the real meaning of the Veda.’ Then again, it cannot be reasonable to accept the words of the text in the literal sense — that the various kinds of gifts actually bring about the rewards in the manner stated. For instance, of what sort is the equableness (between the gift and the reward accruing thence, to the giver)? Is it in (a) kind, or (b) quantity, or (c) utility? If it be held to be in kind, then, in a case where, on the occasion of drinking a medicinal drug, the patient makes a gift of those drags (?) to temple-worshippers, the gift would be conducive to pain. Because medicinal drugs as a rule are bitter, hot and pungent and tend to move the bowels. If, again the ‘equableness’ meant were in regard to quantity, — and there also the equality were only in quantity, irrespective of the character of the substance, — then a gift of gold might bring, as its reward, an equal quantity of copper, or some such things as a clod of earth or a piece of wood and the like. If again, the ‘equableness’ meant were both in regard to kind and quantity, then also there would be the same difficulties as those just pointed out. If lastly, the ‘equableness’ meant were in regard to utility, — then also, if the use also were of the same kind, in that case, the use of the medicinal drugs consisting in the curing a certain disease, — if the reward were to be of the same kind, then it would be as good as nonexistent, if the man did not happen to suffer from the same disease; so that the gift of those drugs would have to make the giver subject to that disease again, or some other disease of the same degree of seriousness. For these reasons, the declarations contained in the present verse should not be regarded as distinct sentences standing by themselves. Just as in the case of the Vedic declarations — ‘The Nivīta form is for human beings end the Upavīta for divine beings; so that when the man adopts the Upavīta form, he takes upon himself a mark of the gods’, — what is said in regard to the Nivīta and the rest is not taken as distinct from what is said regarding the adopting of the Upavīta form.”

The answer to the above is as follows: — In the present text we do not. find any verb in any of the sentences, every one of which, therefore, stands on the same footing. If it is a commendatory description, then this can apply only to the statement ‘that to the man learned in the Veda, endless.’ If again, it is an Injunction, then all the sentences should be regarded as equally injunctive; there is nothing to indicate that any one of them is subservient to any other. In the case of the passage regarding the ‘Nivīta’ &c; on the other hand, we find a verb in the term ‘upavyayate’ (‘adopts the upavīta form’); so that the sentence containing it fulfilling the conditions of an Injunctive sentence, it is only right that the others should be taken as subservient to it.

As for the argument that no gifts to a Non-Brāhmaṇa can be possible, — this must be due to the objector having forgotten that gifts to the poor and helpless of all castes have been enjoined. In fact it is only in regard to gifts to be made by Kings to Brāhmaṇas that we have the sentences in the present verse.

As regards the argument that “there is no possibility of rewards accruing in the manner stated in the text, on account of all the various methods indicated bring, open to objection,” — our answer is as follows; — The mode of expression adopted here is that of ordinary parlance. In ordinary parlance, what is not very good is called ‘equable’; e. g. in such expressions as ‘the Saktu contains an equable supply of salt.’ As for the reward being ‘two-fold?, the two-foldness meant is in regard to utility; the meaning bring that the reward is doubly as useful as the original gift. It is not meant either that the same kind of substance is obtained in return, or that the utility is of the same kind; all that is meant is that the degree of happiness produced is twice as much. Further, as a matter of fact, the verse is not meant to be an ‘injunction of rewards’; so that there is no room for the raising of any such questions as to whether it is the same substance, or another substance, that is obtained in reward. Specially as in cases where no rewards ore mentioned, the attainment of Heaven is always regarded as the reward. Then again, in connection with the giving of sesamum, the obtaining of children has been declared to be the reward; and certainly in such a case there can be no possibility of the reward being of the same kind as the gift. Thus all that is meant here, and also in the subsequent passages, is that the excellence of the recipient adds to the excellence of the gift. This is exactly what is emphasised in the next verse.

In the term ‘brāhmaṇa — bruva’ (‘nominal Brāhmaṇa’) — the particle ‘bruva’ has a derogatory sense; it staṇḍs for one who is Brāhmaṇa by caste only, and is wholly devoid of learning and other qualities.

‘Teacher’ — the Initiator.

‘A person thoroughly learned in the Veda,’ — one who has, by learning and study, got to the end of the Veda. — (85)

 

Explanatory notes by Ganganath Jha:

‘Samam’ — ‘Middling’ (Medhātithi); — ‘neither more nor less than what is described in the scriptures’ (Kullūka and Govindarāja); — ‘equal to the kindness shown’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 286).

 

Comparative notes by various authors:

(verses 7.85-86)

Gautama (5.20). — ‘The reward of a gift to a non-Brāhmaṇa is equal to the value of the gift; that of what is given to a Brāhmaṇa is twofold; that of what is given to a Vedic scholar, thousandfold; and that of what is given to one thoroughly versed in the Veda, endless.’

Viṣṇu (93.1-4). — ‘What is given to a non-Brāhmaṇa produces the same fruit in the world to come; — what is given to one who calls himself a Brāhmaṇa produces twice the same fruit; — what is given to one who has studied the main portions of the Veda produces a thousand times the same fruits; — what is given to one who has mastered the whole Veda, produces infinite fruit.’

Yājñavalkya (1.201). — ‘Cows, land, gold and other things are to be offered, with respect, to proper recipients; a man desiring his own welfare shall give nothing to an improper person.’

Vaśiṣṭha (Aparārka, p. 286). — ‘The cow, the horse, the gold and the land, on seeing the hands of a Brāhmaṇa ignorant of the Veda, decries the giver.’

 

 

VERSE 7.86

Section VII - Domestic Duties

 

पात्रस्य हि विशेषेण श्रद्दधानतयैव च ।
अल्पं वा बहु वा प्रेत्य दानस्य फलमश्नुते ॥८६॥

pātrasya hi viśeṣeṇa śraddadhānatayaiva ca |
alpaṃ vā bahu vā pretya dānasya phalamaśnute ||86||

 

For one obtains, after death, the reward, small or great, of his gifts, — according to the peculiar character of the recipient, and also according to his own faith. — (86)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘pātra’ etymologically signifies either (a) ‘one who saves from sinful deeds’, or (b) ‘one who saves and protects himself’; — i.e., the recipient; or the recipient is called ‘pātra’ in the same sense in which the vessel containing clarified butter is called its ‘pātra’; the substance given away is deposited in the recipient in the same manner in which the butter is deposited in the vessel. This is what has been declared above (82) — “For kings this is interminable, and has been called Brahmic treasure.”

The ‘peculiar character’ of the recipient consists in his possessing or not possessing, proper qualifications. It is by reason of these qualifications that rewards of gifts are obtained.

‘Or small.’ — When the gift is mads to one who is possessed of excellent qualifications, in the shape of character and Vedic learning, it brings a ‘great’ reward, and when made to one who has no qualifications, it brings a small reward.

‘According to his own faith.’ To this effect we have the following text: — (see verse 7.86b)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 303), to the effect that the value of a gift varies in proportion to the qualifications of its giver and receiver.

 

Comparative notes by various authors:

(verses 7.85-86)

See Comparative notes for Verse 7.85.

 

 

VERSE 7.86b

Section VII - Domestic Duties

 

देशकालविधानेन द्रव्यं श्रद्धासमन्वितम् ।
पात्रे प्रदीयते यत् तु तद् धर्मस्य प्रसाधनम् ॥८६ (2)॥

deśakālavidhānena dravyaṃ śraddhāsamanvitam |
pātre pradīyate yat tu tad dharmasya prasādhanam ||86b||

 

That substance is conducive to merit which is given to a proper recipient, in good faith and in due accordance with time and place and form. — (86b)

 

Medhātithi’s commentary (manubhāṣya):

Here ‘place’ stands for the ‘right place’, which is that which is other than the village inhabited by the giver himself; people away from their homes are likely to be subject to many inconveniences and wants, which may he removed by the gift; — ‘Time’ — when some one who is performing a sacrifice happens to run short of necessary supplies; or when an eclipse takes place; ‘Form’ — the pouring of water, the pronouncing of the syllable ‘Svasti’ by the recipient, the proper preparation of the substance given away, the sweetness of disposition with which the gift is made; and so forth;

‘Substance’ — cow, land, gold and so forth.

‘Faith’ — a keen desire for fulfilment, the determination as to ‘how this may be accomplished.’

‘After death.’ — This only indicates that the reward does not always follow immediately after the act of giving; it does not mean that it accrues always during the next life; specially as all that is meant in the case of all acts enjoined in the Veda is that they must bring their reward (and nothing is indicated regarding the time at which the reward is to accrue). — (86)

 

 

VERSE 7.87 [Duties in Battle (saṅgrāma)]

Section VIII - Duties in Battle (saṅgrāma)

 

समोत्तमाधमै राजा त्वाहूतः पालयन् प्रजाः ।
न निवर्तेत सङ्ग्रामात् क्षात्रं धर्ममनुस्मरन् ॥८७॥

samottamādhamai rājā tvāhūtaḥ pālayan prajāḥ |
na nivarteta saṅgrāmāt kṣātraṃ dharmamanusmaran ||87||

 

While protecting his people, if the king is challenged by enemies, either equal in strength, or stronger, or weaker, he shall not shrink from battle, bearing in mind the duty of the kṣatriya. — (87)

 

Medhātithi’s commentary (manubhāṣya):

War has been enjoined as the last resource for the king, when -all other means nave failed; and when once war has been entered into and the king has reached the battle-field, and has been challenged by his enemy, — he shall not show any sort of indifference; this is what is meant by the present verse; which means that he shall not entertain any such notion as — ‘I shall not strike at a weak enemy.’

Or, when robbers and others, in sheer disregard for the established law, attack the people, — or join the king’s enemies, — if such persons cannot be subdued without war, — then the king must go to war with them, even though they be weak. Though in a case like this, the king is not actually ‘challenged’ by the robbers in so many wards, yet, for all practical purposes, he is as good as ‘challenged’.

It is ‘the duty of the Kṣatriya’ that whenever he is challenged, he must fight, whoever the challenger may be, and he shall take no account of the caste or age or training or ambition etc. of the other party. This duty the King has to bear in mind. — (87)

 

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, (p. 405).

 

Comparative notes by various authors:

Gautama (10.16). — ‘To stand firm in battle and not to turn hack.’

Baudhāyana (1.18.9). — ‘He shall not turn back in battle.’

Viṣṇu (3.43). — ‘When ho has been attacked by his foe, he shall protect, his own realm to the best of his power.’

Yājñavalkya. (1.323). — ‘Those who, for the sake of lands, fight in battles with fair weapons, go to heaven, like Yogins.’

Devala (Vīramitrodaya-Rājanīti, p. 405). — ‘For the sake of his people, the Kṣatriya shall fight and even give up his life.’

 

 

VERSE 7.88

Section VIII - Duties in Battle (saṅgrāma)

 

सङ्ग्रामेष्वनिवर्तित्वं प्रजानां चैव पालनम् ।
शुश्रूषा ब्राह्मणानां च राज्ञां श्रेयस्करं परम् ॥८८॥

saṅgrāmeṣvanivartitvaṃ prajānāṃ caiva pālanam |
śuśrūṣā brāhmaṇānāṃ ca rājñāṃ śreyaskaraṃ param ||88||

 

Not shrinking from battle, protecting the people, and attending on brāhmaṇas, — is the best means of securing happiness for kings. — (88)

 

Medhātithi’s commentary (manubhāṣya):

This verse is meant to show that the three duties here mentioned bring equal rewards. — (88)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 413).

 

Comparative notes by various authors:

Viṣṇu (3.44). — ‘There is no higher duty for men of the military caste than to risk their life in battle.’

Yājñavalkya (1.322). — ‘There is no higher duty forkings than to give to the Brāhmaṇas whatever is obtained in war, and to grant fearlessness to their people.’

 

 

VERSE 7.89

Section VIII - Duties in Battle (saṅgrāma)

 

आहवेषु मिथोऽन्योन्यं जिघांसन्तो महीक्षितः ।
युध्यमानाः परं शक्त्या स्वर्गं यान्त्यपराङ्मुखाः ॥८९॥

āhaveṣu mitho'nyonyaṃ jighāṃsanto mahīkṣitaḥ |
yudhyamānāḥ paraṃ śaktyā svargaṃ yāntyaparāṅmukhāḥ ||89||

 

Kings, seeking to slay each other in battle and fighting with gheat energy, without turning back, proceed to heaven. — (89)

 

Medhātithi’s commentary (manubhāṣya):

‘Āhava’ is that where heroes are challenged by one another to fight, i.e., the battle; vying with one another and ‘seeking to slay each other’; — ‘fighting’ — striking — ‘with great energy’ — to the utmost of their power. It is on account of metrical exigencies that in place of ‘parayā’ (as qualifying ‘śaktyā’) we have the form ‘param’.

‘Without turning back’; — this is to be construed with ‘fighting’; — proceed to heaven.’

Objection — “As a matter of fact, the action taken by kings is instigated by a love for territorial expansion; so that an ordinary physical reward being possible, why should Heaven be mentioned as the reward?”

Heaven is mentioned as the reward in connection with the observance of the rules of war going to be described; for the observance of these rules there can be no other motive. Even the king who has renounced his kingdom may observe the rules laid down in the next and following verses, and by surrendering to the powerful enemy he would become entitled to the trancendental reward (Heaven; there being no possibility of his winning any territories). Or again, when a king, on suffering defeat in battle, enters the fray (in sheer desperation), this act can only lead to Heaven. And on the strength of the present verse, such desperate fighting could not fall within the purview of the prohibition of self-immolation.

‘Kings’ — Rulers of provinces; not those under them; as the action of these latter is prompted by the interest of their masters and not by any interest of their own; under the circumstances, how could there be any rewards for them? In fact, their case is analogous to that of the Priests whose services have been secured by means of a stipulation regarding fees; so that in the case of the king’s underlings also, in as much as their service has been secured by means of wages, how could there be any reward in the shape of Heaven or the like?

“But under 5-97, it has been declared without any reservation that the sacrifice is immediately accomplished for the Kṣatriya who is killed by means of uplifted weapons, in due accordance with the duties of the Kṣatriya; and again — ‘those two persons pierce through the solar orb — the Renunciate is meditation and the hero killed in the forefront of battle’; — further, in the Mahābhārata, it has been declared that Heaven is attained even by those who witness the battle. There are Vedic texts indicative of the same fact; e.g., ‘Those brave men who fight in battles and give up their bodies there, as also those who pay a thousand as the sacrificial fee, go to the Gods,’ — which shows that great rewards accrue to those sacrificers who pay a thousand as sacrificial fees, — ‘as also those brave persons who give up their lives in battle’. Further, the text speaks of ‘those who fight,’ and not ‘those who have sold themselves for dying (for others);’ specially as there is no such stipulation made at the time that the man’s services are engaged. In the case of the officiating priests, the Hotṛ, the Udgātṛ and the rest, their appointment is for the express purpose of performing those priestly duties that are indicated by their titles. From all this it follows that even in the case of a map dying in serving his master, there is transcendental reward. Nor is there any such hard and fast rale as that there can be no reward in the case of an act prompted by the purposes of another man. In fact the slayer of a Brāhmaṇa becomes purified by bathing at the Final Bath of the Aśvamedha sacrifice, where he is not the performer of the sacrifice.”

The answer to the above is as follows: — As a matter of fact, the giving up of his life by the king for the benefit of his people is actually conducive to merit. As regards what has been said regarding the losing of one’s life in battle being tantamount to the accomplishment of a sacrifice, — this must refer to the man whose services have been engaged on a salary and who, not being his own master, enters the battle simply on the word of command to ‘march forward’. This is the person meant by the expression ‘who is killed in the fore-front of battle.’

Or, the ‘piercing of the solar orb’ by the man fighting in battle would mean only being saved from hell. In a case where a king’s realm is attacked and pillaged by another king, and his people are being massacred, if the former undertakes to fight against him and loses his life in the fray, this would be conducive to merit. If he does not fight, he falls into ‘blind darkness’, which means Hell, on account of the total absence of light there. What the ‘piercing of the solar orb’ means is that the man reaches the regions beyond the solar regions; i.e., he does not fall downwards. When a man has accepted service on pay, under a master, if he fails tonight for his master in battle, and abandons him, his fall into hell is certain. On the other hand, if the man has fought his master’s battle and has become free from the debt of the wages he has received from him, — if he is not bowed down by his sins, — it is only natural that he should attain heaven, by virtue of his own meritorious acts. It is in view of this that it has been declared that ‘his sacrifice becomes immediately accomplished’. Thus also the passage in the Mahābhārata becomes reconciled, where it is said that persons who have accepted service in the army attain heaven. As for the mention of Heaven being attained by persons ‘witnessing the battle’, this must be regarded as a commendatory exaggeration.

Or, the meaning of all this may be that, there being many means of livelihood, living by military service is sure to lead to heaven.

As regards the argument that it is not for dying that the men are engaged in military service, — in reality when soldiers are paid their wages, it is for no other purpose than for fighting; specially as no other purpose has been mentioned. The men are engaged by the master with the view that ‘they shall be ready for all kinds of work and shall help me in all my undertakings.’ So that when a war breaks out, it becomes their duty to do everything for their master, even up to the giving up of the body; and thus alone is he able to repay his master. When, however, there is no war, if the servant happens to die, then he dies a servant (and not one freed from bondage); as the repayment of his debt is accomplished only if he accomplishes some purpose of his master, similar to that for which he has been engaged. as for the texts quoted as indicating the attainment of heaven by men dying in battle, — these also become reconciled in the above manner.

What has been mid regarding the murderer becoming freed from sins by bathing at the Final Bath of the Aśvamedha is accepted on the strength of the direct assertion to that effect, contained in such texts as — ‘Hence on their association etc. etc.’; while in the present instance going upward is stated to be the result of fighting; — and this constitutes a difference between the two cases (which, thus, cannot be regarded as analogous). — (89)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 405), which explains ‘mithaḥ’ as ‘vying with each other’; — and in Rājanītiratnākara (p. 28a).

 

Comparative notes by various authors:

Āpastamba (2.26, 2, 3). — ‘They say that a king who is slain in attempting to recover the property of Brāhmaṇas performs a sacrifice where his body takes the place of the sacrificial post and at which an unlimited fee is given. — Hereby have been declared the rewards of other heroes who fall fighting for a worthy cause.’

Viṣṇu (3.45). — ‘Those who have been killed in protecting a cow, or a Brāhmaṇa, or a king, or a friend, or their own property, or their own wedded wife, or their own life, go to heaven.’

Yājñavalkya, (1.323). — (See under 87.)

Yājñavalkya (1.324). — ‘Even when one’s own army is broken up, if one does not turn back, each step that he takes is equal to a Horse-Sacrifice.’

Devala (Vīramitrodaya-Rājanīti, p. 405). — ‘For the sake of his people, the king shall fight, and even give up his life; thereby he obtains the reward of a Horse-Sacrifice. If a man, without turning back, is killed in battle by his enemies, he obtains the regions of Indra, won by his valour.’

Yama (Do., p. 406). — ‘The Kṣatriya resides on the chest of the Kṣatriya, and the Brāhmaṇa at his back; therefore he should always guard his back in battle; or else he becomes a Brāhmaṇa-killer.’

 

 

VERSE 7.90

Section VIII - Duties in Battle (saṅgrāma)

 

न कूटैरायुधैर्हन्याद् युध्यमानो रणे रिपून् ।
न कर्णिभिर्नापि दिग्धैर्नाग्निज्वलिततेजनैः ॥९०॥

na kūṭairāyudhairhanyād yudhyamāno raṇe ripūn |
na karṇibhirnāpi digdhairnāgnijvalitatejanaiḥ ||90||

 

While fighting his enemies in battle, he shall hot strike with concealed weapons; nor with arrows that are poisoned, or barbed, or with flaming shafts. (90)

 

Medhātithi’s commentary (manubhāṣya):

‘Āhava’ is that where heroes are challenged by one another to fight, i.e., the battle; vying with one another and ‘seeking to slay each other’; — ‘fighting’ — striking — ‘with great energy’ — to the utmost of their power. It is on account of metrical exigencies that in place of ‘parayā’ (as qualifying ‘śaktyā’) we have the form ‘param’.

‘Without turning back’; — this is to be construed with ‘fighting’; — proceed to heaven.’

Objection — “As a matter of fact, the action taken by kings is instigated by a love for territorial expansion; so that an ordinary physical reward being possible, why should Heaven be mentioned as the reward?”

Heaven is mentioned as the reward in connection with the observance of the rules of war going to be described; for the observance of these rules there can be no other motive. Even the king who has renounced his kingdom may observe the rules laid down in the next and following verses, and by surrendering to the powerful enemy he would become entitled to the trancendental reward (Heaven; there being no possibility of his winning any territories). Or again, when a king, on suffering defeat in battle, enters the fray (in sheer desperation), this act can only lead to Heaven. And on the strength of the present verse, such desperate fighting could not fall within the purview of the prohibition of self-immolation.

‘Kings’ — Rulers of provinces; not those under them; as the action of these latter is prompted by the interest of their masters and not by any interest of their own; under the circumstances, how could there be any rewards for them? In fact, their case is analogous to that of the Priests whose services have been secured by means of a stipulation regarding fees; so that in the case of the king’s underlings also, in as much as their service has been secured by means of wages, how could there be any reward in the shape of Heaven or the like?

“But under 5-97, it has been declared without any reservation that the sacrifice is immediately accomplished for the Kṣatriya who is killed by means of uplifted weapons, in due accordance with the duties of the Kṣatriya; and again — ‘those two persons pierce through the solar orb — the Renunciate is meditation and the hero killed in the forefront of battle’; — further, in the Mahābhārata, it has been declared that Heaven is attained even by those who witness the battle. There are Vedic texts indicative of the same fact; e.g., ‘Those brave men who fight in battles and give up their bodies there, as also those who pay a thousand as the sacrificial fee, go to the Gods,’ — which shows that great rewards accrue to those sacrificers who pay a thousand as sacrificial fees, — ‘as also those brave persons who give up their lives in battle’. Further, the text speaks of ‘those who fight,’ and not ‘those who have sold themselves for dying (for others);’ specially as there is no such stipulation made at the time that the man’s services are engaged. In the case of the officiating priests, the Hotṛ, the Udgātṛ and the rest, their appointment is for the express purpose of performing those priestly duties that are indicated by their titles. From all this it follows that even in the case of a map dying in serving his master, there is transcendental reward. Nor is there any such hard and fast rale as that there can be no reward in the case of an act prompted by the purposes of another man. In fact the slayer of a Brāhmaṇa becomes purified by bathing at the Final Bath of the Aśvamedha sacrifice, where he is not the performer of the sacrifice.”

The answer to the above is as follows: — As a matter of fact, the giving up of his life by the king for the benefit of his people is actually conducive to merit. As regards what has been said regarding the losing of one’s life in battle being tantamount to the accomplishment of a sacrifice, — this must refer to the man whose services have been engaged on a salary and who, not being his own master, enters the battle simply on the word of command to ‘march forward’. This is the person meant by the expression ‘who is killed in the fore-front of battle.’

Or, the ‘piercing of the solar orb’ by the man fighting in battle would mean only being saved from hell. In a case where a king’s realm is attacked and pillaged by another king, and his people are being massacred, if the former undertakes to fight against him and loses his life in the fray, this would be conducive to merit. If he does not fight, he falls into ‘blind darkness’, which means Hell, on account of the total absence of light there. What the ‘piercing of the solar orb’ means is that the man reaches the regions beyond the solar regions; i.e., he does not fall downwards. When a man has accepted service on pay, under a master, if he fails tonight for his master in battle, and abandons him, his fall into hell is certain. On the other hand, if the man has fought his master’s battle and has become free from the debt of the wages he has received from him, — if he is not bowed down by his sins, — it is only natural that he should attain heaven, by virtue of his own meritorious acts. It is in view of this that it has been declared that ‘his sacrifice becomes immediately accomplished’. Thus also the passage in the Mahābhārata becomes reconciled, where it is said that persons who have accepted service in the army attain heaven. As for the mention of Heaven being attained by persons ‘witnessing the battle’, this must be regarded as a commendatory exaggeration.

Or, the meaning of all this may be that, there being many means of livelihood, living by military service is sure to lead to heaven.

As regards the argument that it is not for dying that the men are engaged in military service, — in reality when soldiers are paid their wages, it is for no other purpose than for fighting; specially as no other purpose has been mentioned. The men are engaged by the master with the view that ‘they shall be ready for all kinds of work and shall help me in all my undertakings.’ So that when a war breaks out, it becomes their duty to do everything for their master, even up to the giving up of the body; and thus alone is he able to repay his master. When, however, there is no war, if the servant happens to die, then he dies a servant (and not one freed from bondage); as the repayment of his debt is accomplished only if he accomplishes some purpose of his master, similar to that for which he has been engaged. as for the texts quoted as indicating the attainment of heaven by men dying in battle, — these also become reconciled in the above manner.

What has been mid regarding the murderer becoming freed from sins by bathing at the Final Bath of the Aśvamedha is accepted on the strength of the direct assertion to that effect, contained in such texts as — ‘Hence on their association etc. etc.’; while in the present instance going upward is stated to be the result of fighting; — and this constitutes a difference between the two cases (which, thus, cannot be regarded as analogous). — (89)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 405), which explains ‘mithaḥ’ as ‘vying with each other’; — and in Rājanītiratnākara (p. 28a).

 

Comparative notes by various authors:

Āpastamba (2.26, 2, 3). — ‘They say that a king who is slain in attempting to recover the property of Brāhmaṇas performs a sacrifice where his body takes the place of the sacrificial post and at which an unlimited fee is given. — Hereby have been declared the rewards of other heroes who fall fighting for a worthy cause.’

Viṣṇu (3.45). — ‘Those who have been killed in protecting a cow, or a Brāhmaṇa, or a king, or a friend, or their own property, or their own wedded wife, or their own life, go to heaven.’

Yājñavalkya, (1.323). — (See under 87.)

Yājñavalkya (1.324). — ‘Even when one’s own army is broken up, if one does not turn back, each step that he takes is equal to a Horse-Sacrifice.’

Devala (Vīramitrodaya-Rājanīti, p. 405). — ‘For the sake of his people, the king shall fight, and even give up his life; thereby he obtains the reward of a Horse-Sacrifice. If a man, without turning back, is killed in battle by his enemies, he obtains the regions of Indra, won by his valour.’

Yama (Do., p. 406). — ‘The Kṣatriya resides on the chest of the Kṣatriya, and the Brāhmaṇa at his back; therefore he should always guard his back in battle; or else he becomes a Brāhmaṇa-killer.’

 

 

VERSE 7.91

Section VIII - Duties in Battle (saṅgrāma)

 

न च हन्यात् स्थलारूढं न क्लीबं न कृताञ्जलिम् ।
न मुक्तकेशं नासीनं न तवास्मीति वादिनम् ॥९१॥

na ca hanyāt sthalārūḍhaṃ na klībaṃ na kṛtāñjalim |
na muktakeśaṃ nāsīnaṃ na tavāsmīti vādinam ||91||

 

He shall hot strike one who is standing on the ground, nor one who is a eunuch, nor the supp?icant (supplicant?) with joined palms, nor one with loosened hair, nor one who is seated, nor one who says ‘i am yours;’ — (91)

 

Medhātithi’s commentary (manubhāṣya):

The man on the chariot should strike only him who also is on a chariot; so that one standing on the ground shall not be struck.

‘Eunuch’ — who is devoid of masculinity; or who is without manliness.

‘He who is seated’ — unconcerned, elsewhere; or on his chariot, or on the ground.

He shall not strike also one who says ‘I am yours’. No stress is meant to be laid upon the exact words to be used. What is meant is that he shall not strike the poor supplicant who addresses to him such words as ‘I am yours’, ‘I seek your shelter’, and so forth (91)

 

Explanatory notes by Ganganath Jha:

‘Sthalārūḍham’ — ‘Who is standing on the other ground’ (Medhātithi, Kullūka and Rāghavānanda); — ‘one who, in flight, has climbed on an eminence’ (Nārāyaṇa).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 406); and in Nītimayūkha (p. 80).

 

Comparative notes by various authors:

(verses 7.91-93)

Gautama (10.18). — ‘No sin is incurred in slaying foes in battle, — excepting those who have lost their horses, charioteers or arms, those who join their hands in supplication, those who flee with flying hair, those who sit. down with averted faces, those who have climbed in flight on eminences or trees, messengers, and those who declare themselves to be cows, or Brāhmaṇas.’

Baudhāyana (1.18.11). — ‘He shall not light those in fear, intoxicated, insane or out of their minds; nor those who have lost their armour; nor with women, infants, aged men and Brāhmaṇas.’

Āpastamba (2.10, 11). — ‘The Āryas forbid the killing of those who have laid down their arms, of those who beg for mercy with flying hair or joined palms, and of fugitives.’

Yajñavalkya (1.325). — ‘He shall mot strike one who says I am yours, or who is terrified, or deprived of arms, or who is engaged with another person, or who has turned hack from the fight, or one who is only looking on the battle.’

Devala (Vīramitrodaya-Rājanīti., p. 407). — ‘Who is eating straw, who is engaged with another, who is not actively engaged in fight, who is seeking shelter, the imbecile, one pressed by another, the religious student, the aged man, the outcast, the infant, — these shall not ho struck in lawful battle, by soldiers, even in times of distress.’

 

 

VERSE 7.92

Section VIII - Duties in Battle (saṅgrāma)

 

न सुप्तं न विसंनाहं न नग्नं न निरायुधम् ।
नायुध्यमानं पश्यन्तं न परेण समागतम् ॥९२॥

na suptaṃ na visaṃnāhaṃ na nagnaṃ na nirāyudham |
nāyudhyamānaṃ paśyantaṃ na pareṇa samāgatam ||92||

 

Nor one who is sleeping, nor him who is without his armour, nor one who is naked, nor one deprived of his weapons, nor one who is only looking on and not fighting, nor one who is engaged in fighting with ahother person; — (92)

 

Medhātithi’s commentary (manubhāṣya):

‘Naked’. — ‘Bhagnam’, ‘broken’, ‘defeated’, is another reading. Fighting with one without hie arrows having been forbidden, there is no possibility of any one engaging a ‘naked’ person. Hence ‘nakedness’ should be taken as referring to that partial nakedness which consists in being deprived of the turban or some such part of his armour. As regards the ‘broken’ or ‘defeated’ man also, — since fighting with ‘one who has turned to flight’ is also forbidden (in 93), — it means that when the enemy who, though still facing his victorious foe, says ‘I shall not fight with you any longer’, he shall not be pressed to continue the fight.

‘Nor one who is only looking on and not lighting’; — the mere on-looker should not be struck; this prohibition however does not apply to the man who looks on, as well as fights.

‘One engaged in fighting with another person’; — a man who is fighting one person should not be struck by another. — (92)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 406); — and in Nītimayūkha (p. 80).

 

Comparative notes by various authors:

(verses 7.91-93)

See Comparative notes for Verse 7.91.

 

 

VERSE 7.93

Section VIII - Duties in Battle (saṅgrāma)

 

नायुधव्यसनप्राप्तं नार्तं नातिपरिक्षतम् ।
न भीतं न परावृत्तं सतां धर्ममनुस्मरन् ॥९३॥

nāyudhavyasanaprāptaṃ nārtaṃ nātiparikṣatam |
na bhītaṃ na parāvṛttaṃ satāṃ dharmamanusmaran ||93||

 

Nor one who has fallen in difficulties regarding weapons; nor one in distress, nor one severely wounded, nor one who is frightened, nor one who has turned back; — the king remembering the duties of honourable men. — (93)

 

Medhātithi’s commentary (manubhāṣya):

‘Difficulties regarding weapons’ — such as the breaking of weapons, the sword becoming crooked, the snapping of the bowstring and so forth.

‘In distress’ — on having lost his son or brother or some other relative.

‘Frightened’ — showing such signs of fear as the paleness of face and the like, even though still facing his foe.

‘Turned back’ — starding with his face turned away.

These are positive rules to be observed. If they are to be regarded as prohibitions, the non-observance of them would be sinful; [which would mean that their observance would simply save the man from that sin, and in that case] the declaration regarding the attaining of Heaven would be purely commendatory.

What then is the right view to take regarding these rules?

They are prohibitions set up for the man’s benefit, standing on the same footing as the prohibition of eating the flesh of the animal killed by a poisoned arrow. It is only when we take the rules thus that the negative word retains its primary meaning.

‘Remembering the duties of honourable men’ — the sense of ‘anu’ is that such is the usage of all cultured men. — (93)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 406); — and in Nītimayūkha (p. 81).

 

Comparative notes by various authors:

(verses 7.91-93)

See Comparative notes for Verse 7.91.

 

 

VERSE 7.94

Section VIII - Duties in Battle (saṅgrāma)

 

यस्तु भीतः परावृत्तः सङ्ग्रामे हन्यते परैः ।
भर्तुर्यद् दुष्कृतं किं चित् तत् सर्वं प्रतिपद्यते ॥९४॥

yastu bhītaḥ parāvṛttaḥ saṅgrāme hanyate paraiḥ |
bharturyad duṣkṛtaṃ kiṃ cit tat sarvaṃ pratipadyate ||94||

 

But the Kṣatriya who, frightened and turned back, is slain by the enemies, takes upon himself all the sin that there may be of his master. — (94)

 

Medhātithi’s commentary (manubhāṣya):

It should not be thought that ‘if the man is killed after having turned back, he does not die after having committed a sinful deed’; because the offence lies in his having turned back. Further, the man should not entertain the notion that ‘by becoming wounded I have repaid my debt to the master; and have fulfilled my duty towards him’; because such wounds serve no useful purpose at all. This is what is indicated by pointing out the gravity of the offence involved. What is said in the present verse regarding the master’s sins falling upon the servant, as also what follows in the next verse regarding the master taking off the merit of the servant, — all this is purely commendatory; for the acts of one man, either good or bad, cannot accrue to another; nor can there be a total annihilation of a meritorious act. All that is possible is that, when there is an obstruction caused by a grievous sin, the fruition of the meritorious act is delayed. This is all that is meant in the present context. — (94)

 

Explanatory notes by Ganganath Jha:

Nowhere in Medhātithi do we find any indication of the explanation that is attributed to him by Hopkins.

This verse is quoted in Nītimayūkha (p. 80).

 

Comparative notes by various authors:

(verses 7.94-95)

Āpastamba (2.26.3) — (See under 89.)

Yājñavalkya (1.324). — ‘The king takes away all the merit that had been acquired by those who are killed while fleeing away from battle.’

 

 

VERSE 7.95

Section VIII - Duties in Battle (saṅgrāma)

 

यत्चास्य सुकृतं किं चिदमुत्रार्थमुपार्जितम् ।
भर्ता तत् सर्वमादत्ते परावृत्तहतस्य तु ॥९५॥

yatcāsya sukṛtaṃ kiṃ cidamutrārthamupārjitam |
bhartā tat sarvamādatte parāvṛttahatasya tu ||95||

 

And whatever merit the man slain after having turned back may have earned for the next world, — all that his master takes off. — (95)

 

Medhātithi’s commentary (manubhāṣya):

Whatever merit the man may have, all that his master takes off.

‘Earned for the next world.’ — This shows that there is some purpose served. The term ‘amutrārtham’ is formed with the ‘ach’ affix, according to the rule governing the ‘arshas group’. The meaning is — ‘what has been earned for some purpose to be fulfilled in the next world, becomes lost (nullified) for him’.

Or, the compound may be expounded as a Bahuvrīhi — ‘that whose purpose or use pertains to the next world’. This explanation would be justified by the sense and also by its usefulness. — (95)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 408).

 

Comparative notes by various authors:

(verses 7.94-95)

See Comparative notes for Verse 7.94.

 

 

VERSE 7.96

Section VIII - Duties in Battle (saṅgrāma)

 

रथाश्वं हस्तिनं छत्रं धनं धान्यं पशून् स्त्रियः ।
सर्वद्रव्याणि कुप्यं च यो यज् जयति तस्य तत् ॥९६॥

rathāśvaṃ hastinaṃ chatraṃ dhanaṃ dhānyaṃ paśūn striyaḥ |
sarvadravyāṇi kupyaṃ ca yo yaj jayati tasya tat ||96||

 

Chariots and horses, elephants, umbrellas, wealth, grains, animals, women, all goods and baser metals belong to him who wins them. — (96)

 

Medhātithi’s commentary (manubhāṣya):

‘Baser metals’ — utensils of copper etc. as also beds and chairs etc.

‘Belong to him who wins them.’ — The king being the master of all, he might take away all the spoils of war; hence the text mentions a few exceptions.

Gold, silver, lands, buildings and so forth accrue to the King; hence the necessity of enumerating those that do not go to him. Arms and conveyances also accrue to the King.

‘Grains’ and other things being mentioned separately, the term ‘wealth’ stands for cows, buffalos etc.

It is is view of all this that there is the popular saying — Half belongs to the King’. — (96)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 409), which adds the following explanations: — ‘Sarvadravyāṇi’ stands for ‘clothes and other things’, — ‘kupya’ for ‘copper and metals other than gold and silver’.

 

Comparative notes by various authors:

(verses 7.96-98)

Gautama (1.20-23). — ‘The victor shall receive the booty gained in battle. But chariots and riding animals belong to the king, also a preferential share; except when the booty has been gained in single combat, the king shall equally divide all other spoils.’

Āditya-purāṇa (Vīramitrodaya-Rājanīti, p. 409). — ‘Having satisfied the ??ng (King?) in the battle, and having won the booty from Kṣatriyas killed in battle, if the soldier does not take to himself any of the booty, he goes to heaven. If the king who having conquered a kingdom but desisting from taking any booty therefrom, happen to be killed, be goes to heaven.’

 

 

VERSE 7.97

Section VIII - Duties in Battle (saṅgrāma)

 

राज्ञश्च दद्युरुद्धारमित्येषा वैदिकी श्रुतिः ।
राज्ञा च सर्वयोधेभ्यो दातव्यमपृथग्जितम् ॥९७॥

rājñaśca dadyuruddhāramityeṣā vaidikī śrutiḥ |
rājñā ca sarvayodhebhyo dātavyamapṛthagjitam ||97||

 

They shall present to the King the choice portion, — such is the Vedic declaration. what has not been won individually shall be distributed by the king among all the soldiers. — (97)

 

Medhātithi’s commentary (manubhāṣya):

A particular detail is laid down in connection with the rule that ‘what has been won by one man shall be taken by him.’

The soldiers shall, of their own accord, ‘present to the king the choice portion’; i.e., they shall select their best object and present it to the king; and they shall not take all the booty themselves.

‘Such is the Vedic Declaration.’ — The Vedic passage starting with the words ‘Indro vai vṛttram hatvā’ (Indra having killed Vṛttra), goes on to say — he having become great said to the Gods present to me the choice portion.’ (Aitareya Brāhmaṇa, 3.21).

In a case where the booty has been won by the King himself, or where it has not been won by any soldier individually, where no such distinction is possible as ‘this village has been won by this man and that by that man’, and where the enemy and his allies have been annihilated by all combined, — the division among his servants is to be made by the King, in accordance with the maxim of ‘bestowing on worthy recipients.’ — (97)

 

Explanatory notes by Ganganath Jha:

‘Indro vai vṛtram &c.’ (Medhātithi, p. 522, l. 19). — This quotation is from the Aitareya Brāhmaṇa, III. 21 — (Buhler).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 409), which explains ‘apṛthagjitam’ as ‘what has been won by the soldiers collectively.’

 

Comparative notes by various authors:

(verses 7.96-98)

See Comparative notes for Verse 7.96.

 

 

VERSE 7.98

Section VIII - Duties in Battle (saṅgrāma)

 

एषोऽनुपस्कृतः प्रोक्तो योधधर्मः सनातनः ।
अस्माद् धर्मान्न च्यवेत क्षत्रियो घ्नन् रणे रिपून् ॥९८॥

eṣo'nupaskṛtaḥ prokto yodhadharmaḥ sanātanaḥ |
asmād dharmānna cyaveta kṣatriyo ghnan raṇe ripūn ||98||

 

Thus has been declared the blameless eternal law of warriors; the Kṣatriya, striking his enemies in battle, shall not deviate from this law. — (98)

 

Medhātithi’s commentary (manubhāṣya):

This sums up the section.

‘Warriors’ — soldiers; the ‘law’ of these men ; — ‘blameless’ — never criticised or altered; hence ‘eternal’; — the law made by man would be liable to be altered.

‘Shall not deviate’ — fall off; — he shall always follow. The ‘Kṣatriya’ has been specially mentioned with a view to show that fighting is a duty that devolves primarily upon him; and not to any one who may happen to take his place. — (98)

 

Comparative notes by various authors:

(verses 7.96-98)

See Comparative notes for Verse 7.96.

 

 

VERSE 7.99 [Art of Government]

Section IX - Art of Government

 

अलब्धं चैव लिप्सेत लब्धं रक्षेत् प्रयत्नतः ।
रक्षितं वर्धयेच्चैव वृद्धं पात्रेषु निक्षिपेत् ॥९९॥

alabdhaṃ caiva lipseta labdhaṃ rakṣet prayatnataḥ |
rakṣitaṃ vardhayeccaiva vṛddhaṃ pātreṣu nikṣipet ||99||

 

He shall strive to obtain what has not been obtained; what he has gained he shall preserve with care; he shall augment what has been preserved and what has been augmented he shall bestow upon suitable recipients — (99)

 

Medhātithi’s commentary (manubhāṣya):

The Kṣatriya shall not rest contented, in the manner of the Brāhmaṇa; he should on the contrary, make attempts to acquire what he does not possess. What he has acquired he shall ‘preserve’; what has been preserved he shall ‘augment’; i.e., lay by as treasure; then he should bestow gifts upon suitable recipients. He should not spend all that he gets; as it has been said that ‘one’s expenditure should be very much less than his income.’ — (100)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 413); — and in Vīramitrodaya (Rājanīti, p. 131).

 

Comparative notes by various authors:

(verses 7.99-101)

Vaśiṣṭha (16.6). — ‘He should protect what has been gained.’

Yājñavalkya (1.316). — ‘What he has not obtained, he shall seek to obtain by lawful means; what he has obtained he shall save with care; what he has saved, he shall augment, by rightful means; what has been augmented, he shall make over to proper recipients.’

Arthaśāstra (p. 32) — ‘The science of Government tends to the acquiring of what has not been acquired, to the saving of what has been acquired, to the augmentation of what has been saved and to the spending of the augmented in proper places.’

Kāmandaka (1.18). — ‘The acquirement of wealth by equitable means, its preservation and augmentation and its bestowal on deserving recipients, — these are the four duties of the king.’

Kāmandaka (11.55) — ‘The acquisition of acquired things and protection of those acquired, — these are the two fields over which the ingenuity and prowess of the ambitious king should be exercised.’

Kāmandaka (13.57). — ‘Desire for acquiring what remains unacquired, and facilitating the augmentation of what has been acquired and the proper consignment of the thriving object to the care of a deserving person, suppression of wrong, following of the path of rectitude, and the doing of good to one who has done, good — these are the functions of the king.’

 

 

VERSE 7.100-101

Section IX - Art of Government

 

एतच्चतुर्विधं विद्यात् पुरुषार्थप्रयोजनम् ।
अस्य नित्यमनुष्ठानं सम्यक् कुर्यादतन्द्रितः ॥१००॥

अलब्धमिच्छेद् दण्डेन लब्धं रक्षेदवेक्षया ।
रक्षितं वर्धयेद् वृद्ध्या वृद्धं पात्रेषु निक्षिपेत् ॥१०१॥

etaccaturvidhaṃ vidyāt puruṣārthaprayojanam |
asya nityamanuṣṭhānaṃ samyak kuryādatandritaḥ ||100||

alabdhamicched daṇḍena labdhaṃ rakṣedavekṣayā |
rakṣitaṃ vardhayed vṛddhyā vṛddhaṃ pātreṣu nikṣipet ||101||

 

He shall recognise the four kinds of the means for accomplishing the purposes of man; and he shall always diligently and properly carry them into execution; (100)

What has not been gained he shall seek to obtain by means of force; what has been gained he shall save with careful attention; what has been saved he shall augment by adding to it; and what has been augmented he shall bestow on suitable recipients. — (101)

 

Medhātithi’s commentary (manubhāṣya):

(verses 7.100-101)

The means of accomplishing the purposes of man are of four kinds. That is, the following four steps should be taken towards that end: — viz: acquiring, saving, augmenting and giving.

The term ‘artha’, ‘purpose’, stands for what is helpful; the meaning therefore is that what is mentioned here is the means for accomplishing what is helpful for man; these four Shall be always put into practice: (100-101)

 

Explanatory notes by Ganganath Jha:

(verse 7.100)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 131).

 

Comparative notes by various authors:

(verses 7.99-101)

See Comparative notes for Verse 7.99.

 

 

VERSE 7.102

Section IX - Art of Government

 

नित्यमुद्यतदण्डः स्यान्नित्यं विवृतपौरुषः ।
नित्यं संवृतसंवार्यो नित्यं छिद्रानुसार्यरेः ॥१०२॥

nityamudyatadaṇḍaḥ syānnityaṃ vivṛtapauruṣaḥ |
nityaṃ saṃvṛtasaṃvāryo nityaṃ chidrānusāryareḥ ||102||

 

He shall have his force always operative; his manliness always displayed, his secrets constantly concealed, ever following up the weak points of his enemy. — (102)

 

Medhātithi’s commentary (manubhāṣya):

He who has his force operative, is called ‘Udyatadaṇḍaḥ’; i.e., having his force in operation. For instance, the elephants and other constituents of the army he shall train by constant exercise; i.e., they shall all be disciplined by being regularly driven and trained; the exercise shall be regular; their clothing and accoutrements shall be kept in train. This is what is meant by the force being ‘operative’; if this is done, it shows to the people in his kingdom that he is equipped with prowess and energy.

 

Similarly he shall have ‘his manliness displayed’; he should show, render manifest, his powers; i.e., at boundary-posts, and forests he should keep watch-men, imbued with courage, fully armed and armoured.

‘His secrets ever concealed’; — he shall determine what should be concealed, and then keeping that to himself, he shall conceal it, with due care by guarding it against prying and thwarting by others.

He shall always follow up the weak points of his enemies; shall find out their intentions and try to thwart them. — (102)

 

Explanatory notes by Ganganath Jha:

Nityamudyatadaṇḍaḥ syāt’ — ‘Should keep his army fit by constant exercise’ (Medhātithi, Govindarāja and Kullūka); — ‘should be always ready to strike’ (Nārāyaṇa and Nandana).

This verse is quoted in Vīramitrodaya, (Rājanīti, pp. 133-134), which adds the following notes: — ‘Udyatadaṇḍaḥ’ — ‘daṇḍa’ here stands for the training and exercise of the elephants, horses and other compliments of the army; and this should be ‘udyata’, ever active, ready; — or ‘daṇda’ may stand for ‘punishment of the wicked,’ and this should be ‘udyata’, always inflicted in time. — ‘Vivṛtapauruṣaḥ’ — he whose ‘pauruṣa’ manliness, i.e., superiority in the knowledge and use of weapons, is ‘vivṛta,’ displayed; — ‘sambṛtasaṃvāryaḥ’ — he whose secrets, i.e., councils, appearances and operations, are kept unknown to others.

 

Comparative notes by various authors:

Arthaśāstra (p. 32). — ‘For the sake of worldly affairs, he shall be ever ready to strike.’

Mahābhārata (12.140.7). — (Same as Manu, the second half being read as — ‘acchidraśchidradarśī ca pareṣām vivarānugaḥ.)’

 

 

VERSE 7.103

Section IX - Art of Government

 

नित्यमुद्यतदण्डस्य कृत्स्नमुद्विजते जगत् ।
तस्मात् सर्वाणि भूतानि दण्डेनैव प्रसाधयेत् ॥१०३॥

nityamudyatadaṇḍasya kṛtsnamudvijate jagat |
tasmāt sarvāṇi bhūtāni daṇḍenaiva prasādhayet ||103||

 

Of him who has his force constantly operative, the whole world stands in awe. He shall, therefore, subdue all men by means of force — (103)

 

Medhātithi’s commentary (manubhāṣya):

This verse describes the effect of what has been just laid down in the foregoing verse.

‘The whole world stands in awe’ — is afraid; and his glory becomes proclaimed.

‘Therefore all men’ — his own subjects, as well as others — ‘he shall subdue by means of force’.

The enemies of the king who acts thus bow down to him without any effort on his part. — (103)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya, (Rājanīti, p. 134) which explains ‘udvijate’ as ‘becomes afraid’, which means that his glory becomes proclaimed.

 

Comparative notes by various authors:

Mahābhārata (12.140.8). — (Same as Manu.)

Nārada (Vīramitrodaya-Rājanīti, p. 135). — ‘He should always favour the good and chastise the wicked; such is the duty of kings, who also obtain wealth by this means.’

 

 

VERSE 7.104

Section IX - Art of Government

 

अमाययैव वर्तेत न कथं चन मायया ।
बुध्येतारिप्रयुक्तां च मायां नित्यं सुसंवृतः ॥१०४॥

amāyayaiva varteta na kathaṃ cana māyayā |
budhyetāriprayuktāṃ ca māyāṃ nityaṃ susaṃvṛtaḥ ||104||

 

He shall always behave without guile, and never with guile; well protected himself, he shall fathom the guiles employed by his enemies. — (104)

 

Medhātithi’s commentary (manubhāṣya):

‘Māyā’, ‘guile’, is Treachery; with that he shall never behave; as by doing so, he would not be trustworthy. Nor shall he try to alienate the subjects of other kings, until their inclinations have been ascertained. But ‘the guiles employed by his enemies he shall fathom’ and understand in their true character; and having found out the guiles, he should proceed to win over the enemy’s men.

The modus operandi of this is fourfold — as through (a) the angry, (b) he covetous, (c). the frightened and (d) the ill-treated.

(a) When a man has done some artistic work, or some one has done something beneficial to the king, — such persona are either (1) cheated, or (2) presented with reward, or (3) ill-treated, and at this other artists and helpers also become angry — at the thought that — ‘this king does not appreciate our art or help’. Such persons an fit for being approached for alienation. Similarly when a person, hitherto honoured and treated with affection, comes to fall off from honour and office, his friends and relations banished, himself imprisoned along with his family, his entire property confiscated, — and another person with similar qualifications becomes honoured in his place, — then the former and others like him constitute the ‘angry’.

(b) When a wicked act has been done by some person, and he has been punished, other persons, who have committed the same offence are in constant dread of that same punishment; similarly persons in high office, who may have failed in their duty, and others in like position constitute the ‘frightened’ set.

(c) The poverty-stricken, the miserly, the profligate, the man immersed in debt and so forth constitute the ‘covetous’ set.

(d) When the Self-respecting person, seeking honour at the bunds of the King’s enemy, is ‘on the contrary) struck by him, he, being of a fiery temper and brave, becomes highly incensed at such treatment; — such persons constitute the ‘ill-treated’ set.

The King shall attempt the alienation of all such persons from the other King; and at the same time he shall take care regarding similar people on his own side. — (104)

 

Explanatory notes by Ganganath Jha:

Buhler remarks that “Medhātithi reads atandritaḥ,” but there is nothing in Bhāṣya to indicate this.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 134), which explains ‘amāyayā’ as ‘without guile’, ‘varteta,’ as ‘should behave i.e., towards his counsellors and others’; — and in Parāśaramādhava (Ācāra, p. 413).

 

Comparative notes by various authors:

Yama (Vīramitrodaya-Rājanīti, p. 134). — ‘The king shall be equally impartial to all beings, knowing what is right and what is wrong.’

 

 

VERSE 7.105

Section IX - Art of Government

 

नास्य छिद्रं परो विद्याद् विद्यात्छिद्रं परस्य च ।
गूहेत् कूर्म इवाङ्गानि रक्षेद् विवरमात्मनः ॥१०५॥

nāsya chidraṃ paro vidyād vidyātchidraṃ parasya ca |
gūhet kūrma ivāṅgāni rakṣed vivaramātmanaḥ ||105||

 

His enemy should hot know his weak points, but he must know the weak points of the enemy; he should hide the departments (of government) as the tortoise does its limbs; and he should guard his own weak points. — (105)

 

Medhātithi’s commentary (manubhāṣya):

The same idea is farther reiterated.

The king shall so act that while he becomes apprised of the enemy’s weak points, his own remain carefully guarded. When he finds out, through his trusted spies, that any of his own people belongs to one of the aforesaid four sets of the ‘angered’ and the rest, he should try to conciliate them.

His departments he shall hide, like the tortoise, and he shall also guard his weak points. The guarding of one’s own weak points against the enemy’s approaches is highly important; — this is what is meant by the present verse. — (105)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 117), which adds the following explanation: — He should try his best to keep his weak points from being known by the enemy, and yet he himself should find out the weak points of the enemy, such as disaffection among the people and so forth; just as the tortoise hides within its body its head and other limbs, in the same manner should he always keep won over to his side, by bestowing gifts and honours, his own ministers and other officers of state; and if, by chance, some disaffection should happen to arise among his people, he should take remedial measures at once.

 

Comparative notes by various authors:

Māhābhārata (12.83.49). — (Same as Manu, the second foot being read as ‘chidreṣu paramanviyāt.’)

Do. (12.140.24). — (Same as Manu, ‘nāsya’ being read as ‘nātma.’)

 

 

VERSE 7.106

Section IX - Art of Government

 

बकवत्चिन्तयेदर्थान् सिंहवत्च पराक्रमे ।
वृकवत्चावलुम्पेत शशवत्च विनिष्पतेत् ॥१०६॥

bakavatcintayedarthān siṃhavatca parākrame |
vṛkavatcāvalumpeta śaśavatca viniṣpatet ||106||

 

He shall ponder over his plans like the heron, and like the lion he shall exert his power; he shall snatch like the wolf, and like the hare he shall double in retreat. — (106)

 

Medhātithi’s commentary (manubhāṣya):

When large bodies of fish are hidden within their fortress in the water, the heron, with a view to catch them, adopts the plan of appearing indifferent, as if rapt in contemplation, and thereby succeeds in getting at them; in the same manner, even things difficult of attainment are attained by much care and attention being devoted to them. With this idea in his mind, the King should not give up hopes regarding the things sought to be attained.

Then again, the hare, being small of body, is capable of doubling back in retreat even from among a host of pursuers; similarly even though alone and helpless, having all his feudatory chiefs risen against him and being incapable of making a stand against them, the King should allow his enemies to enter the fortress, and then double back in retreat, with a view to seeking refuge under a powerful ally.

Further, the wolf, with a view to seizing its prey, finding the keepers of the sheep careless, snatches it away; in the same manner the King shall not give up the idea of pouncing upon his enemy, under the impression that the latter is watchful of his own safety; because the time may come when he may be able, like the wolf, to get at him.

Lastly, the lion kills even such large-bodied animals as the elephant and the rest, by virtue of its valour and strength; similarly the King should not be frightened by the enemy simply because the latter has a large army; because even a weak person, if imbued with courage, sometimes succeeds in killing a powerful person. — (106)

 

 

VERSE 7.107

Section IX - Art of Government

 

एवं विजयमानस्य येऽस्य स्युः परिपन्थिनः ।
तानानयेद् वशं सर्वान् सामादिभिरुपक्रमैः ॥१०७॥

evaṃ vijayamānasya ye'sya syuḥ paripanthinaḥ |
tānānayed vaśaṃ sarvān sāmādibhirupakramaiḥ ||107||

 

While he is thus engaged in conquest, if there should be any opponents for him, all these he shall bring under subjugation by means of conciliation and other expedients. — (107)

 

Medhātithi’s commentary (manubhāṣya):

Those persons only who come forward to oppose him should be brought under subjugation, and not those who behave favourably towards him. But even the former shall first be tried to be won over by means of conciliation, and not all at once by force. — (107)

 

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 404).

 

Comparative notes by various authors:

Vālmīki-Rāmāyaṇa (Vīramitrodaya-Rājanīti, p. 404). — ‘Towards gentlemen and towards those possessed of good qualities, he shall employ conciliation; towards the covetous, he shall employ presents; towards the suspected, dissension; and towards the wicked, force.’

 

 

VERSE 7.108

Section IX - Art of Government

 

यदि ते तु न तिष्ठेयुरुपायैः प्रथमैस्त्रिभिः ।
दण्डेनैव प्रसह्यैतांशनकैर्वशमानयेत् ॥१०८॥

yadi te tu na tiṣṭheyurupāyaiḥ prathamaistribhiḥ |
daṇḍenaiva prasahyaitāṃśanakairvaśamānayet ||108||

 

If however they should not be stopped by means of the first three expedients, then he shall gradually bring them under subjection by force. — (108)

 

Medhātithi’s commentary (manubhāṣya):

Those who are beyond the reach of conciliation and the other expedients should be brought under subjection by means of force; and this shall be done, not suddenly, but gradually; force being employed by degrees, and not all on a sudden. — (108)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 404), to the effect that force should be employed only when all other means have failed.

 

 

VERSE 7.109

Section IX - Art of Government

 

सामादीनामुपायानां चतुर्णामपि पण्डिताः ।
सामदण्डौ प्रशंसन्ति नित्यं राष्ट्राभिवृद्धये ॥१०९॥

sāmādīnāmupāyānāṃ caturṇāmapi paṇḍitāḥ |
sāmadaṇḍau praśaṃsanti nityaṃ rāṣṭrābhivṛddhaye ||109||

 

For the prosperity of kingdoms the wise ones always recommend Conciliation and Force from among the four expedients, conciliation and the rest. — (109)

 

Medhātithi’s commentary (manubhāṣya):

From among the four expedients, Conciliation and the rest, Conciliation and Force are described as superior. While there is Conciliation, there is no disturbance; and when Force is employed, everything becomes accomplished. — (109)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 279).

 

Comparative notes by various authors:

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 279). — ‘Conciliation, dissension, gifts, force, ignoring, guile and magic are the seven expedients. Conciliation is of two kinds — real and unreal; of these the unreal tends only to censure from all good men; the good man is always tractable by conciliation; so also men of noble families, honest men and righteous persons, and those who have control over their senses; towards those the king shall never employ the unreal form of conciliation. Real conciliation consists in describing the noble family and character of the other party, and also the benefits that have been received from him...... Towards the wicked conciliation is to be avoided, as they misunderstand it as arising from fear.’

Agni-purāṇa (Do., p. 280). — ‘Conciliation is of four kinds: — describing the benefits conferred by the other party, pointing out the mutual bonds of relationship, sweet speech, and describing future possibilities.’

 

 

VERSE 7.110

Section IX - Art of Government

 

यथोद्धरति निर्दाता कक्षं धान्यं च रक्षति ।
तथा रक्षेन्नृपो राष्ट्रं हन्याच्च परिपन्थिनः ॥११०॥

yathoddharati nirdātā kakṣaṃ dhānyaṃ ca rakṣati |
tathā rakṣennṛpo rāṣṭraṃ hanyācca paripanthinaḥ ||110||

 

Just as the weeder plucks out the weed and preserves the corn, so shall the King preserve his kingdom and destroy his opponents. — (110)

 

Medhātithi’s commentary (manubhāṣya):

When certain persons plot against the King, the friends and relations of such persons, as also those that seek to enter into relationship with them, should not all be ruined, — if they are not in the secret of their machinations; those alone shall be proceeded against who are actually wicked, and not his relations; this is what is shown by means of the instance of the ‘weeder.’

Though the corn and the weed grow together and are in dose touch with one another, yet the weeder cleverly preserves the corn and plucks out the weeds; in the same manner from among the plotters and their friends; those alone should be punished who have actually committed the offence, and not those who are only related to them. Thus with due discrimination between the good and the wicked, the former shall be preserved and the latter punished. — (110)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 253) which explains ‘nirdātā’ as ‘he who weeds out grass and other things growing in a cultivated field,’ — and ‘Kakṣam’ as ‘weeds.’

 

Comparative notes by various authors:

(verses 7.110-113)

Bṛhaspati (Vīramitrodaya-Rājanīti, p. 253). — ‘Having established his sovereignty over the land, and having set up fortifications according to law, he shall employ all his strength in the removing of dangerous elements.’

Yājñavalkya (1.334). — ‘He shall protect the people from dangers arising from back-biters, thieves, wicked persons, and desperate criminals, and specially from Kāyasthas.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 253). — ‘In protecting his kingdom king shall see to it that the people do not become impoverished. If the king, through folly or carelessness, allows his kingdom to become impoverished, he very soon falls off, not only from the kingdom, hut also from life itself.’

Yājñavalkya (1.338-339). — ‘If the king increases the wealth by means of illegal exactions from the kingdom, he quickly loses his prosperity and becomes ruined.’

Kātyāyana (Vīramitrodaya-Rājanīti, p. 254). — ‘Protecting the people, removing of dangerous elements and honouring the twice-born — for these purposes has the king been created.’

 

 

VERSE 7.111

Section IX - Art of Government

 

मोहाद् राजा स्वराष्ट्रं यः कर्षयत्यनवेक्षया ।
सोऽचिराद् भ्रश्यते राज्यात्जीवितात्च सबान्धवः ॥१११॥

mohād rājā svarāṣṭraṃ yaḥ karṣayatyanavekṣayā |
so'cirād bhraśyate rājyātjīvitātca sabāndhavaḥ ||111||

 

The King, who, through folly, thoughtlessly oppresses his kingdom, becomes, ‘along with his relations’, deprived, without delay, of his kingdom and life. — (111)

 

Medhātithi’s commentary (manubhāṣya):

If a King, not making the aforesaid discrimination, happens, ‘through Jolly’, and ‘thoughtlessly’, to ‘oppress his kingdom’ — by employing force, — ‘he becomes deprived of his kingdom’ — by the ill-feeling of his subjects, — ‘and also of his life’; i.e., he is slain even by single men, who happen to be possessed of daring and unmindful of their own life. — (111)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 409); — and in Vīramitrodaya (Rājanīti, p. 254).

 

Comparative notes by various authors:

(verses 7.110-113)

See Comparative notes for Verse 7.110.

 

 

VERSE 7.112

Section IX - Art of Government

 

शरीरकर्षणात् प्राणाः क्षीयन्ते प्राणिनां यथा ।
तथा राज्ञामपि प्राणाः क्षीयन्ते राष्ट्रकर्षणात् ॥११२॥

śarīrakarṣaṇāt prāṇāḥ kṣīyante prāṇināṃ yathā |
tathā rājñāmapi prāṇāḥ kṣīyante rāṣṭrakarṣaṇāt ||112||

 

As the lives of living beings perish by the emasciation of their bodies, so do the lives of Kings perish by oppressing their kingdom — (112)

 

Medhātithi’s commentary (manubhāṣya):

In his own kingdom the King should very carefully cultivate the good feelings of his people; since the kingdom occupies the position of body in relation to the King; when the body becomes emasciated by such causes as the eating of indigestible and unwholesome food and the like, the life goes out of it; similar results follow from the oppression of the Kingdom.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 409); — and in Vīramitrodaya (Rājanīti, p. 254).

 

Comparative notes by various authors:

(verses 7.110-113)

See Comparative notes for Verse 7.110.

 

 

VERSE 7.113 [Internal Administration]

Section X - Internal Administration

 

राष्ट्रस्य सङ्ग्रहे नित्यं विधानमिदमाचरेत् ।
सुसङ्गृहीतराष्ट्रे हि पार्थिवः सुखमेधते ॥११३॥

rāṣṭrasya saṅgrahe nityaṃ vidhānamidamācaret |
susaṅgṛhītarāṣṭre hi pārthivaḥ sukhamedhate ||113||

 

In the administration of his kingdom he shall adopt the procedure described below; for the king, whose kingdom is properly administered, prospers easily. — (113)

 

Medhātithi’s commentary (manubhāṣya):

‘Administration’ — method of governing.

‘He whose Kingdom is properly administered’ — i.e. rightly brought under sway and looked after, — “prospers easily”; — (113)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 248), which explains ‘saṅgraha’ as ‘protecting, consolidation, making one’s own.’

 

Comparative notes by various authors:

(verses 7.110-113)

See Comparative notes for Verse 7.110.

 

 

VERSE 7.114

Section X - Internal Administration

 

द्वयोस्त्रयाणां पञ्चानां मध्ये गुल्ममधिष्ठितम् ।
तथा ग्रामशतानां च कुर्याद् राष्ट्रस्य सङ्ग्रहम् ॥११४॥

dvayostrayāṇāṃ pañcānāṃ madhye gulmamadhiṣṭhitam |
tathā grāmaśatānāṃ ca kuryād rāṣṭrasya saṅgraham ||114||

 

In the midst of two, three, five or hundred villages he shall appoint an administrator of state supplied with a picket of guards. — (114)

 

Medhātithi’s commentary (manubhāṣya):

In the midst of two villages he shall establish a ‘picket of guards’, — i. e., a police-outpost; — and he shall appoint an ‘administrator’ supplied with such guards. The term ‘saṅgraha’ stands for the administrating officer.

Similarly in the midst of three or fire villages.

Or ‘Saṅgraha’ may be taken as standing for the place for collecting of monies due to the king. — (114)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 248), which supplies the following explanation: — In the midst of two hundred, or three hundred, of five hundred villages, he should establish an outpost, containing a detachment of infantry and others; — if we read ‘rāṣṭrasya saṅgraham’ (in place of ‘rāṣṭrasya guptaye) the meaning would be that he should establish a saṅgraha, i.e., a ‘guard’ consisting of a ‘gulma’ an outpost, and ‘avasthita’ supervised by honest officers. — The option regarding the extent of each charge is based upon the diversity in the strength of robbers and other mischief-makers in varying areas.

 

 

VERSE 7.115

Section X - Internal Administration

 

ग्रामस्याधिपतिं कुर्याद् दशग्रामपतिं तथा ।
विंशतीशं शतेशं च सहस्रपतिमेव च ॥११५॥

grāmasyādhipatiṃ kuryād daśagrāmapatiṃ tathā |
viṃśatīśaṃ śateśaṃ ca sahasrapatimeva ca ||115||

 

He shall appoint the lord of one village, as also the lord of ten villages, the lord of twenty, the lord of hundred and the lord of thousand villages. — (115)

 

Medhātithi’s commentary (manubhāṣya):

To each village he shall appoint one lord; — above him, the ‘lord of ten villages’; and so on. — (115)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 248).

 

Comparative notes by various authors:

Mahābhārata (12.87.3). — (The same idea as Manu; the wording being slightly different.)

Āpastamba (2.26.4, 5). — ‘He shall appoint men of the first three castes, who are pure and truthful over villages and towns, for the protection of the people. Their servants shall possess the same qualities.’

Viṣṇu. (3.7-10). — ‘He shall appoint chiefs or governors in every village; — also lords of every group of ten villages; — and lords of every group of hundred villages and lords of a whole district.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 249). — ‘He shall appoint men to offices, high, middling and low; he shall appoint the lord of a village, the lord of ten villages and the lord of hundred villages, as also the lord of a province.’

Āpastamba (Vīramitrodaya-Rājanīti, p. 949). — ‘In villages and in cities he shall appoint high-horn, pure and truthful men for the protection of the people.’

Śukranīti (1.383-386). — ‘A grāma, village, is that which has an area of one kroṣa and whose yield is 1,000 silver karṣas.’

 

 

VERSE 7.116-117

Section X - Internal Administration

 

ग्रामदोषान् समुत्पन्नान् ग्रामिकः शनकैः स्वयम् ।
शंसेद् ग्रामदशेशाय दशेशो विंशतीशिने ॥११६॥

विंशतीशस्तु तत् सर्वं शतेशाय निवेदयेत् ।
शंसेद् ग्रामशतेशस्तु सहस्रपतये स्वयम् ॥११७॥

grāmadoṣān samutpannān grāmikaḥ śanakaiḥ svayam |
śaṃsed grāmadaśeśāya daśeśo viṃśatīśine ||116||

viṃśatīśastu tat sarvaṃ śateśāya nivedayet |
śaṃsed grāmaśateśastu sahasrapataye svayam ||117||

 

Troubles arising in the village, the Village-lord shall himself gently report to the Lord of Ten villages; and the Lord of Ten villages to the Lord of Twenty; — (116) — the Lord of Twenty shall communicate it all to the Lord of Hundred; and the Lord of Hundred himself shall report it to the Lord of Thousand. — (117)

 

Medhātithi’s commentary (manubhāṣya):

(verses 7.116-117)

Those village-troubles that the Village-lord cannot settle himself, — he shall report to the Lord of Ten villages; and when this latter is unable to cope with them, they shall, in due course, be reported to the Lord of Thousand villages. — (116-117)

 

Explanatory notes by Ganganath Jha:

(verse 7.116)

“This rule refers to offences with which the persons who report them are unable to deal (according to Medhātithi, Govindarāja, Kullūka and Rāghavānanda); Nārāyaṇa thinks that chiefly refusals to pay the revenue or disputes on such matters are meant” — Buhler.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 250).

(verse 7.117)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 250).

 

Comparative notes by various authors:

(verses 7.116-117)

Mahābhārata (12.87.4, 5). — (Same as Manu.)

Viṣṇu (3.11-15). — ‘If any offence has been committed in a village, the lord of the village shall suppress the evil; if he is unable to do so, he shall report it to the lord of ten villages; if he too is unable, he shall report it to the lord of hundred villages; if he too is unable, he shall report it to the lord of the whole district; the lord of the district must eradicate the evil to the best of his power.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 250). — [The same as Viṣṇu, down to the ‘lord of the district,’ then] — The lord of the district shall report it to the king, if he is himself unable to deal with it; the king shall himself take the necessary measures, and protect the people of the province in every way.’

 

 

VERSE 7.118

Section X - Internal Administration

 

यानि राजप्रदेयानि प्रत्यहं ग्रामवासिभिः ।
अन्नपानेन्धनादीनि ग्रामिकस्तान्यवाप्नुयात् ॥११८॥

yāni rājapradeyāni pratyahaṃ grāmavāsibhiḥ |
annapānendhanādīni grāmikastānyavāpnuyāt ||118||

 

The Village-lord shall get daily those things that ought to be furnished to the King by the villagers, in the shape of food, drink, fuel and the rest. — (118)

 

Medhātithi’s commentary (manubhāṣya):

This lays down the means of subsistence for the Village-lord. ‘Village-lord’ — the officer in charge of one village, — ‘shall get’ — obtain — ‘those things’ for his subsistence, which ‘ought to be furnished to the King by the villagers.’

‘Food etc.’ — i.e., the sixth or eighth part of the corn produced; — as is going to be prescribed under 10.120 etc. — (118)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 250), which explains the meaning to be that the ‘lord of the village’ should receive for his living only the food, drink and fuel and such other things as are due to be presented to the king, — and not the annual rent; — this annual rent being realised by the king himself through a trusted official.

 

Comparative notes by various authors:

Mahābhārata (2.87.6). — ‘The lord of the village shall take all the eatables that may be produced in the village he shall maintain the lord of ten villages who, in his turn, shall maintain the lord of a hundred villages.’

Śukranīti (1.631-635). — ‘The heads of villages are to receive one-twelfth of the income from the village, the army

is to be maintained by three such parts, charity with half such part, entertainment of the people with that same part; officers are to he paid out of half such part; and personal expenditure is to he met with half that part; the balance to go to swell the State Treasury.’

Mahābhārata (12.87.6-8). — ‘The Lord of hundred villages shall enjoy one village, which is large, prosperous and well-populated. The Lord of a thousand villages enjoys a Śākhā-nagara, a sub-city.’

 

 

VERSE 7119

Section X - Internal Administration

 

दशी कुलं तु भुञ्जीत विंशी पञ्च कुलानि च ।
ग्रामं ग्रामशताध्यक्षः सहस्राधिपतिः पुरम् ॥११९॥

daśī kulaṃ tu bhuñjīta viṃśī pañca kulāni ca |
grāmaṃ grāmaśatādhyakṣaḥ sahasrādhipatiḥ puram ||119||

 

The Lord of Ten villages shall enjoy one Kula and the Lord of Twenty villages twenty Kulas; the Lord of Hundred villages one whole village and the Lord of Thousand villages one town. — (119)

 

Medhātithi’s commentary (manubhāṣya):

‘Daśi’ is the person in charge of Ten villages; so ‘Viṃśi’ also. The forms of the words are Vedic.

‘Kula’ — part of a village; known in some places as ‘haṭṭa’ and in others as ‘uṣṭa’.

Five times this land appertains to the Lord of Ten villages; and an entire village to the Lord of Hundred villages; and the ‘Town’ — city, to the Lord of a Thousand villages. The system is that the living should be determined in accordance with the position and duties of the officers. — (119)

 

Explanatory notes by Ganganath Jha:

‘Kulam’ — ‘A portion of the village, known in some places as ghaṭṭa, and in others as ‘uṣṭa’; — ‘as much land as can be cultivated with two ploughs’ (Kullūka); — ‘as much as is cultivated by one cultivator’ (Nandana).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 251), which adds the following notes: — ‘Kulam’ is a portion of the village, called ‘pādukā,’ says Kalpataru: — others however hold that it stands for as much land as can be cultivated by two ploughs. That much of land he should have for his livelihood.

 

 

VERSE 7.120

Section X - Internal Administration

 

तेषां ग्राम्याणि कार्यानि पृथक्कार्याणि चैव हि ।
राज्ञोऽन्यः सचिवः स्निग्धस्तानि पश्येदतन्द्रितः ॥१२०॥

teṣāṃ grāmyāṇi kāryāni pṛthakkāryāṇi caiva hi |
rājño'nyaḥ sacivaḥ snigdhastāni paśyedatandritaḥ ||120||

 

The affairs of these officers pertaining to the villages, as also their individual affairs another minister of the King shall inspect, who is loyal and never idle. — (120)

 

Medhātithi’s commentary (manubhāṣya):

There may be differences of opinion among these officers regarding the affairs of the villages.

‘Another’ — some one other than those under whose sphere of duties those affairs fall; — ‘minister’ — of superior status; — ‘loyal’ — free from undue love and hate, — should be appointed for inspecting those affairs. — (120)

 

Explanatory notes by Ganganath Jha:

‘Pṛthakkāryāṇi’ — ‘Quarrels among each other’ (Nārāyaṇa); — ‘the separate affairs of the villagers’ (Nandana),

‘Snigdhaḥ’ — ‘Impartial’ (Medhātíthī); — ‘loyal to the king’ (Kullūka).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 249), which explains ‘pṛthakkāryāṇi’ as ‘quarrels among themselves’; — it notes that if we adopted the reading ‘pṛthakkāyāni,’ the meaning would be ‘matters on which there is a difference of opinion among them.’

 

Comparative notes by various authors:

Mahābhārata (12.87, 9-10). — ‘A minister conversant with the Law shall supervise the doings of all these village-lords.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 249). — ‘In accordance with their duties, he shall make divisions and sub-divisions among them; and he shall always have their work inspected through spies.’

Yājñavalkya (1.336-338). — ‘Having learnt all about the work of the officers appointed in the kingdom, through his spies, the king shall honour the honest and punish the dishonest; those addicted to bribery be shall banish after confiscating their property, and he shall retain the Vedic scholars with due honour and gifts.’

 

 

VERSE 7.121

Section X - Internal Administration

 

नगरे नगरे चैकं कुर्यात् सर्वार्थचिन्तकम् ।
उच्चैःस्थानं घोररूपं नक्षत्राणामिव ग्रहम् ॥१२१॥

nagare nagare caikaṃ kuryāt sarvārthacintakam |
uccaiḥsthānaṃ ghorarūpaṃ nakṣatrāṇāmiva graham ||121||

 

In each town he shall appoint one Superintendent of all works, of high status and awe-inspiring appearance, — he being like a planet among stars. — (121)

 

Medhātithi’s commentary (manubhāṣya):

‘Of high status’ — i.e., at the head of others.

‘Of awe-inspiring appearance’ — of commanding presence.

‘Like a planet among stars’ — i.e. like the planet Mars.

He shall also be equipped with an army consisting of elephants, horses and the rest. — (121)

 

Explanatory notes by Ganganath Jha:

‘Graham’ — ‘The planet Mars’ (Medhātithi); — ‘Planet, Venus and others’ (Kullūka); — ‘the Sun’ (Govindarāja); — ‘the Moon’ (Nārāyaṇa).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 249), which adds the following notes: — ‘Uccaissthānam’ means ‘highly placed in the matter of birth and so forth,’ — or ‘having a lùghly placed seat’, — ‘ghorarūpam’ means ‘awe-inspiring.’

 

Comparative notes by various authors:

Mahābhārata (12.87.10-11). — (Same as Manu.)

Āpastamba (2.26.4). — ‘He shall appoint men of the first three castes, who are pure and truthful, over villages and towns, for the protection of the people.’

Arthaśāstra (p. 160). — ‘To the best of his power he shall place such officers in charge of departments as are endowed with all the qualities of a minister; and their work shall he constantly inspected.’

 

 

VERSE 7.122

Section X - Internal Administration

 

स ताननुपरिक्रामेत् सर्वानेव सदा स्वयम् ।
तेषां वृत्तं परिणयेत् सम्यग् राष्ट्रेषु तत्चरैः ॥१२२॥

sa tānanuparikrāmet sarvāneva sadā svayam |
teṣāṃ vṛttaṃ pariṇayet samyag rāṣṭreṣu tatcaraiḥ ||122||

 

This officer shall always personally supervise in turn all those officers, and thoroughly acquaint himself, through the King’s spies, with their behaviour in their respective jurisdictions. — (122)

 

Medhātithi’s commentary (manubhāṣya):

The officer delegated to the town shall ‘supervise’ those lords of villages, and in case of need, shall help them with his forces.

He shall al so ‘thoroughly acquaint himself with’ — find but all about — the behaviour of those officers; — through whom? — ‘through the King’s spies’, disguised as a pilgrim etc. — (122)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 250), which adds the following notes: — ‘Anuparikrāmāt’ i.e., wherever the lawful people are being oppressed by unlawful people, he should strengthen the former with his own forces; — ‘vṛttam’ means ‘behaviour’; — ‘pariṇayet’ means ‘report’; ‘taccaraiḥ,’ ‘through the king’s agents.’

 

Comparative notes by various authors:

Arthaśāstra (p. 52). — ‘By means of tests he shall have tested his ministers and then appoint spies, who shall go forth disguised as kāpālika and the like.’

Śukranīti (1.751-752). — ‘Every year the king should personally inspect the villages, towns, cities, and districts and provinces and see which people are happy and which oppressed by the officers, and investigate cases brought up before him by the people.’

Mahābhārata (12.87.11-12). — ‘All their actions shall be watched by the king’s spy.’

Yājñavalkya (1.337). — (See under 120.)

Kāmandaka (12.25). — ‘A person skilled in the interpretation of internal sentiments by conjecture and by external gestures, accurate of memory, polite and soft in speech, agile in movements, capable of bearing up with all sorts of privations and difficulties, ready-witted and expert in all things, — such a person is fit to become a spy.’

 

 

VERSE 7.123

Section X - Internal Administration

 

राज्ञो हि रक्षाधिकृताः परस्वादायिनः शठाः ।
भृत्या भवन्ति प्रायेण तेभ्यो रक्षेदिमाः प्रजाः ॥१२३॥

rājño hi rakṣādhikṛtāḥ parasvādāyinaḥ śaṭhāḥ |
bhṛtyā bhavanti prāyeṇa tebhyo rakṣedimāḥ prajāḥ ||123||

 

As the king’s servants, appointed to protect the people, generally become knaves, bent upon seizing the property of others, — he shall protect his people against them — (133)

 

Medhātithi’s commentary (manubhāṣya):

‘Bent upon seizinq the properly of others’ — those who. are in the habit of taking what belongs to others.

‘Knaves’ — addicted to wicked deeds.

Persons appointed ore likely to become such; even though before appointment they may be quite honest and hence inclined to protect the wealth of other persons. Hence the King should not leave them alone, relying upon their former character; he should be ever watchful of their conduct.

‘He shall protect the people against them,’ — By ignoring them, it is not only the King’s own interest that suffers; the people also become reduced to poverty. — (123)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 253); — and in Vivādaratnākara (p. 367).

 

Comparative notes by various authors:

Mahābhārata (12.87.12-13). — ‘The guardians of the people appointed by the king are generally cruel and wicked and inclined to misappropriate the property of others; from these therefore he shall protect the people.’

Yājñavalkya (1.337). — (See under 120.)

 

 

VERSE 7.124

Section X - Internal Administration

 

ये कार्यिकेभ्योऽर्थमेव गृह्णीयुः पापचेतसः ।
तेषां सर्वस्वमादाय राजा कुर्यात् प्रवासनम् ॥१२४॥

ye kāryikebhyo'rthameva gṛhṇīyuḥ pāpacetasaḥ |
teṣāṃ sarvasvamādāya rājā kuryāt pravāsanam ||124||

 

Those evil-minded persons who would take money from men engaged in business — of these the King shall confiscate the whole property and ordain banishment. — (124)

 

Medhātithi’s commentary (manubhāṣya):

Those officers appointed for protecting the people who — ‘from men engaged in business’ — those who do business and are in trade — ‘take money’ — i.e. impose fines on the people, in connection with ploughing &c., — these men shall be banished and their property confiscated by the king. — (124)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 367), which explains ‘kāryikebhyaḥ’ as ‘men who have business, suitors.’

 

Comparative notes by various authors:

Yājñavalkya (1.337). — (See under 120.)

 

 

VERSE 7.125

Section X - Internal Administration

 

राजा कर्मसु युक्तानां स्त्रीणां प्रेष्यजनस्य च ।
प्रत्यहं कल्पयेद् वृत्तिं स्थानं कर्मानुरूपतः ॥१२५॥

rājā karmasu yuktānāṃ strīṇāṃ preṣyajanasya ca |
pratyahaṃ kalpayed vṛttiṃ sthānaṃ karmānurūpataḥ ||125||

 

For women employed in the King’s service and also for menial servants, he shall fix daily wages, in proportion to their position and work. — (125)

 

Medhātithi’s commentary (manubhāṣya):

‘Employed’ — appointed; — ‘women’ — slave-girls and others working in the inner apartments; — ‘of menial servants’ — such, as bearers of palanquins and the like; — ‘he shall fix daily wages’, — and not fix an annual maintenance, in the form of villages, in whole or in part.

‘In proportion to their position and work’. ‘Position’ stands for the principal duty, responsibility, — such as keeping guard over the bed and so forth; and ‘work’ — i.e. physical labour involved; the wages given should be in proportion to these. If the responsibility is great, even though the physical work in volved be little, the wages should be high; and if the responsibility is not great, even though the physical labour involved be great, the wages shall be low. This is what is meant by the wages being ‘in proportion to the position and work’. — (125)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, pp. 251-252).

 

Comparative notes by various authors:

Arthaśāstra (Part II, p. 102) — ‘In accordance with the resources of the kingdom he shall apportion the livelihood of his dependents; or he may provide this to the extent that may be necessary for retaining their services: — 48,000 paṇas should be set apart for the maintenance of priests, preceptors, chief-minister, army-commander, heir-apparent, queen-mother and queen, etc., etc.’

 

 

VERSE 7.126

Section X - Internal Administration

 

पणो देयोऽवकृष्टस्य षडुत्कृष्टस्य वेतनम् ।
षाण्मासिकस्तथाऽच्छादो धान्यद्रोणस्तु मासिकः ॥१२६॥

paṇo deyo'vakṛṣṭasya ṣaḍutkṛṣṭasya vetanam |
ṣāṇmāsikastathā'cchādo dhānyadroṇastu māsikaḥ ||126||

 

One paṇa shall be paid as the wages of the inferior, and six to the superior servant; as also clothing every sixth month and a Droṇa of grain every month. — (126)

 

Medhātithi’s commentary (manubhāṣya):

To the ‘inferior servant’ — i.e., to one who is employed in such work as sweeping and cleaning; for his living one paṇa should be paid.

To the superior servant shall also be given Clothing every sixth month’; and also ‘a Droṇa of grain’; a ‘droṇa’ is equal to four Ādhakas.

The exact measure of the ‘paṇa’ the author is going to describe later on (8.136).

These verses are meant to prescribe the wages of the servants. — (126)

 

Explanatory notes by Ganganath Jha:

‘Paṇa’ — See 8.136.

‘Droṇa’ — ‘Four āḍhakas, i.e., 10 seers’ (Medhātithi and Kullūka); — ‘512 palas’ (Govindarāja).

“Govindarāja and Kullūka state that the highest servants shall receive six times as much grain and clothes as the lowest, and the middle class servants three times as much as the lowest” — Buhler.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 252), which adds the following notes: — ‘Avakṛṣṭasya,’ ‘of domestic servants’; — ‘vetanam,’ fooding, — ‘āchādaḥ’, ‘two pieces of clothing’, — ‘droṇaḥ ‘four ‘Āḍhakas’; — and in Śuddhikaumudī (p. 240).

 

Comparative notes by various authors:

Śaṅkha-Likhita (Vīramitrodaya-Rājanīti, p. 252). — ‘Two golden pieces constitute the monthly wage; to be paid on calculating after six months, or four months.’

 

 

VERSE 7.127 [Customs-Duties]

Section XI - Customs-Duties

 

क्रयविक्रयमध्वानं भक्तं च सपरिव्ययम् ।
योगक्षेमं च सम्प्रेक्ष्य वणिजो दापयेत् करान् ॥१२७॥

krayavikrayamadhvānaṃ bhaktaṃ ca saparivyayam |
yogakṣemaṃ ca samprekṣya vaṇijo dāpayet karān ||127||

 

He should make the traders pay duties, after due investigation of the details of buying and selling, the journey involved, fooding along with its accessories, and the measures of safety. — (127)

 

Medhātithi’s commentary (manubhāṣya):

Now follows the system of realising duties.

At what price the merchandise has been bought — what price it will fetch when sold — what time it will take in selling — what deterioration, if any, it is likely to suffer — the consideration of all this constitutes the ‘investigation of the details of buying and selling’.

‘Journey’ — whether it takes much or little time to obtain it.

‘Fooding’ — Flour, Rice &c.

‘Accessories’ — e.g. butter, pulse, vegetables; as also fuel and such things.

‘Measures of safety’ — i.e. when passing through forests whether or not things were secure against molestation by kings and robbers.

Having duly investigated all these, the King shall realise duties from the traders.

The right reading is ‘vaṇigbhir dāpayet karān’; because according to the sūtra ‘gatibuddhi &c.’ (Panini), there is nothing to justify the Accusative case in ‘vaṇijaḥ,’ Or, the root in ‘dāpayet’ may mean ‘fine’, and hence like the root ‘daṇḍī’, it may take two objects (which would justify the said Accusative ending). — (127)

 

Explanatory notes by Ganganath Jha:

‘Yoyakṣemam’ — ‘Charges incurred for security of property against royalty and thieves and robbers’ (Medhātithi); — ‘net profits (yoga) and charges for securing the goods against robbers &c.’ (Kullūka).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 259), which adds the following notes: — What has been paid for the cloth, salt and other articles of merchandise? What are likely to be the profits from selling them? From what distance has all this been brought? What quantity of food and vegetables and condiments have been spent by the man in importing the goods? How much he has lost over the charges incurred in securing his goods against robbers and other dangers of the journey? What is the profit he is actually making? What is he spending over the guarding of his merchandise against robbers and thieves? — the King should take into consideration all this and then fix the taxes payable by the traders.

This verse is quoted also in Parāśaramādhava (Ācāra, p. 404).

 

Comparative notes by various authors:

Mahābhārata (12.87.13-14). — (Same as Manu, but reading ‘Kūrayet’ for ‘dāpayet.’)

Arthaśāstra (p. 241). — ‘The officer in charge of the department of trade shall keep himself informed of the demand, or absence of demand, for commodities produced from land and water; those imported by land and water; and also the relative prices of these; and the time for their sale and export. He shall fix the prices.’

Do. (p. 270). — ‘He shall fix the customs and duties payable on exports and imports.’

 

 

VERSE 7.128

Section XI - Customs-Duties

 

यथाऽल्पाल्पमदन्त्याद्यं वार्योकोवत्सषट्पदाः ।
तथाऽल्पाल्पो ग्रहीतव्यो राष्ट्राद् राज्ञाब्दिकः करः ॥१२८ (१२९)॥

yathā'lpālpamadantyādyaṃ vāryokovatsaṣaṭpadāḥ |
tathā'lpālpo grahītavyo rāṣṭrād rājñābdikaḥ karaḥ ||128 (129)||

 

As the water-insect, the calf and the bee eat their food little by little, so little by little should the King draw from his kingdom the annual taxes. — (128)

 

Medhātithi’s commentary (manubhāṣya):

This text is meant to assert that only a small tax shall be levied upon the person whose agricultural holding is not prosperous.

‘Water-insect’ — leech.

‘Ṣaṭpada’ — The black bee.

Just as these derive full nourishment by taking in only a little food, similarly the King should not uproot his people (by overtaxing them). — (128)

 

Explanatory notes by Ganganath Jha:

The order of verses 128 and 129 of Medhātithi is reversed in the other commentaries and hence by Buhler and Burnell.

This verse is quoted in Parāśaramādhava (Ācāra, p. 404); — and in Vīramitrodaya (Rājanīti, p. 260), which adds the following notes: — ‘Adanti’, ‘eat’; — ‘ādyam,’ ‘what is fit for eating, i.e., blood, milk and honey’; — ‘vāryoko-vatsa-ṣaṭpadāḥ,’ ‘the leech, the calf and the bee’; — in the same manner should the king draw from his kingdom only a small amount of annual revenue, so that the principal capital of the people may not be affected.

 

Comparative notes by various authors:

(verses 7.128-129)

Baudhāyana (1.18.15). — ‘He shall levy equitable duties on other marketable goods according to their intrinsic value, without causing oppression.’

Āpastamba (2.26.9). — ‘The king shall make them collect the lawful taxes.’

Mārkaṇḍeya (Parāśaramādhava, p. 404). — ‘Just as during eight months of the year the sun draws out moisture, gently through his rays, — so should the king collect the taxes by gentle methods.’

 

 

VERSE 7.129

Section XI - Customs-Duties

 

यथा फलेन युज्येत राजा कर्ता च कर्मणाम् ।
तथाऽवेक्ष्य नृपो राष्ट्रे कल्पयेत् सततं करान् ॥१२९ (१२८)॥

yathā phalena yujyeta rājā kartā ca karmaṇām |
tathā'vekṣya nṛpo rāṣṭre kalpayet satataṃ karān ||129 (128)||

 

After due investigation the King shall always levy taxes in his kingdom in such a way that he himself and the man who carries on the business shall both receive their reward. — (129)

 

Medhātithi’s commentary (manubhāṣya):

The order of verses 128 and 129 of Medhātithi is reversed in the other commentaries and hence by Buhler and Burnell.

‘The person engaged in business’ — the trader — ‘and the king’ — may receive their reward; — in such way should the taxes be levied; and there is no ground for fixing the amount of the tax; in fact where the profit made has been large, the King should charge heavier taxes — even exceeding the proportion fixed. — (129)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 404); — and in Vīramitrodaya (Rājanīti, p. 260), which adds the following explanation: — The king should impose taxes in such a manner that he himself gets some reward for what he does in the shape of seeming safety to life and property, and also the transactors of business — the cultivator, the trader and others — idso obtain a fair return for the work that they do, in the shape of tilling the soil, trading and so forth; — again on p. 264, to the effect that the taxes may be enhanced or reduced in consideration of the loss or gain actually accruing to the people concerned.

 

Comparative notes by various authors:

(verses 7.128-129)

See Comparative notes for Verse 7.128.

 

 

VERSE 7.130

Section XI - Customs-Duties

 

पञ्चाशद्भाग आदेयो राज्ञा पशुहिरण्ययोः ।
धान्यानामष्टमो भागः षष्ठो द्वादश एव वा ॥१३०॥

pañcāśadbhāga ādeyo rājñā paśuhiraṇyayoḥ |
dhānyānāmaṣṭamo bhāgaḥ ṣaṣṭho dvādaśa eva vā ||130||

 

In the case of cattle and gold the fiftieth part shall be taken by the King; and in the case of grains, the eighth, sixth or twelfth part. — (130)

 

Medhātithi’s commentary (manubhāṣya):

‘In the ease of cattle and gold’ — which are of high value — ‘the fiftieth part shall be taken by the Ring’.

‘In the case of grains’ — the exact share to be taken is to be determined in accordance with the greater or less labour involved in the producing of each kind.

‘Pañcāśaḥ’ — the fiftieth; the affix being ‘tamaṭ’. If the reading be ‘pañcāthadbhāgah,’ it would be similar to such expressions as ‘dvibhāga’ (‘two parts’) and the like; and in that case it would stand for a totally different number (meaning ‘fifty parts’). — (130)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Vīramitrodaya (Rājanīti, p. 262), which remarks that the option laid down is in view of the varying fertility of the soil and the consequent greater or less labour involved in cultivation; it explains ‘dhānya’ as standing for Vrīhi, Yava and so forth and adds that what is here mentioned is to be realised only from cultivators.

 

Comparative notes by various authors:

See above, 10, 118 and 120.

Gautama (10.24, 25), — ‘Cultivators should pay to the king a tax amounting to one-tenth, one-eighth, or one-sixth of the produce. Some declare that there is a tax also on cattle and gold, viz., one-fifth of the stock.’

Baudhāyana (1.18.1). — ‘The king shall protect his subjects, receiving as his wage a sixth part of their incomes.’

Vaśiṣṭha (1.42). — ‘A king who rules according to the sacred law may take the sixth part of the wealth of his subjects.’

Viṣṇu (3.22-24). — ‘He should lake from his subjects as taxes a sixth part of every ear of the corn, and a sixth part of all other seeds; — two in the hundred, of cattle, gold and clothes.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 262). — ‘Of awned grains, the sixth part, of leguminous grains, the eighth part, shall be taken by the king as the tax.’

Bṛhaspati (Do., p. 263). — ‘The cultivator shall pay to the king, (a) the tenth, (b) eighth and (c) sixth parts of the produce (a) from fallow land (b) of the autumn crop and (c) the spring crop, respectively. “They shall pay taxes six-monthly or yearly, in accordance with the custom of the country; such is the eternal duty of cultivators.”

Śukranīti (4.2.212 et. seq.) — ‘Duty is the king’s share received from the buyer and the seller. The regions of the duty arc the market-place, streets and mines. Duties are to he levied on goods only once. The king should receive the thirty-second portion from the seller or buyer. The twentieth or the sixteenth part is not a drawback upon the price. The king shall not realise duty from the seller when he receives what is less than cost price for his commodity; he shall realise it from the buyer on finding him to be the gainer. Having ascertained the amount of produce from the measured plots of land, the king shall demand revenue, apportioning it among the cultivators. The king shall realise rent from the peasant in such a way as may not ruin him. The king should realise one-third, one-fourth, or one-half from places irrigated by tanks, canals and wells, by rains and by rivers respectively, he should have one-sixth from barren and rocky soils. If the king realises from one cultivator 100 silver kārṣāpaṇas, he should refund to him 20 Karṣas. For minerals, the king shall realise duty at the following rates after deducting the expenses incurred: — Half of gold, one-third of silver, one-fourth of copper, one-sixth of zinc and iron, half of gems, half of glass and lead. He should realise one-third, one-fifth, one-seventh, one-tenth and one-twentieth from the collectors of grasses and foods. He should have one-eighth of the increase of goats, sheep, cows, buffaloes and horses, and one-sixteenth of the milk of buffaloes, she-goats, and ewes. Artists and artisans he shall make work for him one day in the fortnight. If the people start new industries or cultivate new lands, dig tanks, canals or wells, etc., the king should not demand anything from them until they have realised a profit double the amount spent by them. Having determined the land-revenue for each village, the king should receive it in advance from one rich man, or a guarantee of monthly or periodical payments. He should realise the one-thirty-second portion of the income of the money-lender. He should receive rents from houses and cultivated lands; also land-tax from shopkeepers; for the preservation and repairs of streets, he should realise dues from the users.’

 

 

VERSE 7.131-132

Section XI - Customs-Duties

 

आददीताथ षड्भागं द्रुमान् समधुसर्पिषाम् ।
गन्धौषधिरसानां च पुष्पमूलफलस्य च ॥१३१॥

पत्रशाकतृणानां च चर्मणां वैदलस्य च ।
मृन्मयानां च भाण्डानां सर्वस्याश्ममयस्य च ॥१३२॥

ādadītātha ṣaḍbhāgaṃ drumān samadhusarpiṣām |
gandhauṣadhirasānāṃ ca puṣpamūlaphalasya ca ||131||

patraśākatṛṇānāṃ ca carmaṇāṃ vaidalasya ca |
mṛnmayānāṃ ca bhāṇḍānāṃ sarvasyāśmamayasya ca ||132||

 

He shall take the sixth part in the case of trees, meat, honey and clarified butter, of perfumes, medicinal herbs and poisons, of flowers, roots and fruits; — (131) of leaves, vegetables and grasses, of skins and cane, of earthenware vessels, and of all things made of stone. — (132)

 

Medhātithi’s commentary (manubhāṣya):

(verses 7.131-132)

The term ‘dru’ stands for trees. The rest is all clear.

Out of the profit on all these articles, the sixth part shall be token by the King. — (131-132)

 

Explanatory notes by Ganganath Jha:

(verses 7.131-132)

These two verses are quoted in Vīramitrodaya (Rājanīti, p. 161), which adds the following notes: — ‘Dru’ is tree, — ‘māṃsa,’ flesh of the goat and other animals, — ‘madhu,’ honey, ‘sarpiḥ,’ clarified butter, ‘gandha’ sandal-wood and the like, — ‘oṣadhi,’ guḍūci and the rest, — ‘rasa,’ salt and the like, — ‘puṣpa,’ Champaka and the rest, — ‘mūlāni,’ the Haridrā and so forth, — ‘patra’ the palm-leaf and the like.

 

Comparative notes by various authors:

(verses 7.131-132)

Gautama (10.27). — ‘Of roots, fruits, flowers, medicinal herbs, honey, meat, grass and fire-wood, — one sixtieth.’

Vaśiṣṭha (1.42). — ‘The king shall take the sixth part of the wealth of his subjects.’

Viṣṇu (3.25). — ‘A sixth part of flesh, honey, clarified butter, herbs, perfumes, flowers, fruits, roots, liquids and condiments, wood, leaves, skins, earthen pots, stone vessels and things made of split bamboo.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 261). — ‘Of perfumes, medicinal herbs, liquids and condiments, flowers, roots, fruits, leaves, vegetables, grasses, skins, bamboo-articles, vessels, and all articles of stone, — a sixth part should be taken.’

 

 

VERSE 7.133

Section XI - Customs-Duties

 

म्रियमाणोऽप्याददीत न राजा श्रोत्रियात् करम् ।
न च क्षुधाऽस्य संसीदेत्श्रोत्रियो विषये वसन् ॥१३३॥

mriyamāṇo'pyādadīta na rājā śrotriyāt karam |
na ca kṣudhā'sya saṃsīdetśrotriyo viṣaye vasan ||133||

 

Even though dying, the King shall not levy a tax on the Śrotriya; and no Śrotriya living in his kingdom shall suffer from hunger. — (133)

 

Medhātithi’s commentary (manubhāṣya):

The King shall so manage that no Śrotriya in his kingdom shall suffer from hunger. — (133)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 261); — and in Parāśaramādhava (Ācāra, p. 408).

 

Comparative notes by various authors:

Gautama (10.11). — ‘The king shall support those who are exempt from taxes.’

Āpastamba (2-26-10). — ‘A vedic scholar is free from taxes.’

Vaśiṣṭha (1.43). — ‘Except from Brāhmaṇas.’

Do. (19.23). — ‘A vedic scholar is free from taxes, and so are a servant of the king, one who has no protector, one who has renounced Householdership, an infant, a very aged man, a young man who is studying and very charitable persons.’

Viṣṇu (3.26, 27). — ‘He shall not levy any tax on Brāhmaṇas; for they pay taxes in the shape of their pious acts.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 272). — ‘No taxes shall he taken from Brāhmaṇas.’

 

 

VERSE 7.134

Section XI - Customs-Duties

 

यस्य राज्ञस्तु विषये श्रोत्रियः सीदति क्षुधा ।
तस्यापि तत् क्षुधा राष्ट्रमचिरेणैव सीदति ॥१३४॥

yasya rājñastu viṣaye śrotriyaḥ sīdati kṣudhā |
tasyāpi tat kṣudhā rāṣṭramacireṇaiva sīdati ||134||

 

The kingdom of that King in whose realm the Śrotriya suffers from hunger, shall, ere long, pine with hunger. — (134)

 

Medhātithi’s commentary (manubhāṣya):

This is the result of disobeying the injunction just mentioned above. — (134)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 3.44); — in Parāśaramādhava (Ācāra, p. 408); — and in Vīramitrodaya (Rājanīti, p. 141), which remarks that though this verse mentions the ‘Brāhmaṇa’ in general, yet from what follows in the next verse it is clear that what the text means is to speak of only the learned Brāhmaṇa.

 

Comparative notes by various authors:

Mahābhārata (13.61.30). — ‘If in the realm of a king, an Accomplished Student suffers from hunger, that realm, along with the king, falls into adversity.’

Gautama (10.9). — ‘He shall support Vedic scholars.’

Āpastamba (2.25.11). — ‘In his realm no Brāhmaṇa shall suffer hunger, sickness, cold or heat, — be it through want or intentionally.’

Viṣṇu (3.79). — ‘He must not suffer any Brāhmaṇa in his realm to perish from want,’

 

 

VERSE 7.135

Section XI - Customs-Duties

 

श्रुतवृत्ते विदित्वाऽस्य वृत्तिं धर्म्यां प्रकल्पयेत् ।
संरक्षेत् सर्वतश्चैनं पिता पुत्रमिवौरसम् ॥१३५॥

śrutavṛtte viditvā'sya vṛttiṃ dharmyāṃ prakalpayet |
saṃrakṣet sarvataścainaṃ pitā putramivaurasam ||135||

 

Having ascertained his learning and character, he shall provide for him a fair living; and he shall protect him against all things, even as the father protects his lawful son. — (135)

 

Medhātithi’s commentary (manubhāṣya):

‘Fair living’ — so that his household duties do not Buffer.

Having provided a living ‘he shall protect him against all things’ — from thieves and others, as alio against hie own extravagance. — (135)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 141) as indicating that it is incumbent on the king to see that no learned Brāhmaṇa in his kingdom suffers from hunger; — and in Parāśaramādhava (Ācāra, p. 408).

 

Comparative notes by various authors:

Yājñavalkya (3.44). — ‘Having found out all about his conduct, race, character, learning, knowledge, austerities and family, — the king shall ordain livelihood for him.’

Dakṣa (Aparārka, p. 939). — ‘Father, mother, teacher, wife, the poor, one seeking shelter, guest, fire, relations — maternal and paternal, the emaciated, one who has no supporter, — these are persons that should bo fed by every rich person; gifts should be made to the learned, otherwise one would go to hell.’

Gautama (10.9-12). — ‘He shall support Vedic scholars and Brāhmaṇas; — and non-Brāhmaṇas who are unable to work; — and those who arc free from taxes, and the ordinary Religious Students.’

Yama (Vīramitrodaya-Rājanīti, p. 142). — ‘The Brāhmaṇas keep intact the unbreakable, imperishable, indestructible ancient treasure (of the Veda); the king shall therefore honour them and thereby become unconquerable, like the King of the Gods.’

 

 

VERSE 7.136

Section XI - Customs-Duties

 

संरक्ष्यमाणो राज्ञा यं कुरुते धर्ममन्वहम् ।
तेनायुर्वर्धते राज्ञो द्रविणं राष्ट्रमेव च ॥१३६॥

saṃrakṣyamāṇo rājñā yaṃ kurute dharmamanvaham |
tenāyurvardhate rājño draviṇaṃ rāṣṭrameva ca ||136||

 

Protected by the King he performs meritorious acts day after dat; and by that the King’s life, wealth and kingdom become augmented. — (136)

 

Medhātithi’s commentary (manubhāṣya):

The augmentation of ‘life, wealth and kingdom’ is the reward of harbouring the meritorious śrotriya. — (136)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 141); — and again on p. 272.

 

Comparative notes by various authors:

Vaśiṣṭha (1.44). — ‘He obtains the sixth part of the merit of sacrifices and charitable works.’

Viṣṇu (3.27). — ‘They pay him taxes in the shape of their pious acts.’

Yama (Vīramitrodaya-Rājanīti, p. 113). — ‘That king among whose subjects are Brāhmaṇas who recite the Veda at the first and the last parts of the night, shines and prospers, on that account, along with his kingdom, with Brahmanic glory. If the king, by chance, commit any sin, the Brāhmaṇas residing in his realm, allay it by their recitations. livery morning on rising, the king shall honour the Brāhmaṇas; it is by virtue of the favour of Brāhmaṇas that, the gods remain in heaven. The glory of Brāhmaṇas is endless; therefore shall the king regularly offer obeisance to Brāhmaṇas.’

 

 

VERSE 7.137

Section XI - Customs-Duties

 

यत् किं चिदपि वर्षस्य दापयेत् करसञ्ज्ञितम् ।
व्यवहारेण जीवन्तं राजा राष्ट्रे पृथग्जनम् ॥१३७॥

yat kiṃ cidapi varṣasya dāpayet karasañjñitam |
vyavahāreṇa jīvantaṃ rājā rāṣṭre pṛthagjanam ||137||

 

The King shall make the other people living by business p ay during the year something under the name of “tax”. — (137)

 

Medhātithi’s commentary (manubhāṣya):

‘Living by business’ — such as agriculture, money-lending, buying and selling and so forth.

‘Other people’ — than the Brāhmaṇa-Śrotriya.

‘Make them pay tax’. — ‘under the name of tax’ — i.e., which bears the name of ‘tax’. — (137)

 

Comparative notes by various authors:

Vaśiṣṭha (19.26-27). — ‘No taxes shall he paid on the usufruct, of rivers, dry grass, forests, places of combustion and mountains; — or, those who derive subsistence from these may pay something.’

 

 

VERSE 7.138

Section XI - Customs-Duties

 

कारुकान् शिल्पिनश्चैव शूद्रांश्चात्मोपजीविनः ।
एकैकं कारयेत् कर्म मासि मासि महीपतिः ॥१३८॥

kārukān śilpinaścaiva śūdrāṃścātmopajīvinaḥ |
ekaikaṃ kārayet karma māsi māsi mahīpatiḥ ||138||

 

Mechanics and Artisans, as also shudras who subsist by bodily labour, — the King shall make each of these work for one day every month. — (138)

 

Medhātithi’s commentary (manubhāṣya):

Those who live by any kind of art he shall make work for him one day each month; — as also those who ‘subsist by bodily labour’ — i.e., those śūdras who carry loads &c. — (138)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 274), which adds that the service herein mentioned being the only tax payable by them, no other tax should be imposed upon these men.

 

Comparative notes by various authors:

Gautama (10.31-33). — ‘Each artisan shall monthly do one day’s work for the king; — hereby the taxes payable by those who support themselves by personal labour have been explained also owners of ships and carts; — these persons he should feed.’

Vaśiṣṭha (19.28). — ‘He shall take a monthly tax from artisans.’

Viṣṇu (3.32). — ‘Artisans, manual labourers and Śūdras shall do work for the king for a day in each month.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 275). — ‘Artisans shall work for him for one day in the month; those who live by manual labour shall work on receiving fooding only.’

 

 

VERSE 7.139

Section XI - Customs-Duties

 

नोच्छिन्द्यादात्मनो मूलं परेषां चातितृष्णया ।
उच्छिन्दन् ह्यात्मनो मूलमात्मानं तांश्च पीडयेत् ॥१३९॥

nocchindyādātmano mūlaṃ pareṣāṃ cātitṛṣṇayā |
ucchindan hyātmano mūlamātmānaṃ tāṃśca pīḍayet ||139||

 

He shall not cut off his own root, nor that of others, through excessive greed; by cutting off his own root he causes suffering to himself as well as to others. — (139)

 

Medhātithi’s commentary (manubhāṣya):

The ‘cutting off of his own root’ consists in not realising taxes and duties; and excessive taxation constitutes the ‘cutting off of the root of others’; and as a matter of course, the latter is due to excessive greed; and this is what is reiterated in the text.

The ‘cutting off of his own root’ causes Suffering to the King himself, by the depletion of his treasury. From the same cause others also come to suffer. For if a war were to break out, and the King’s finances happened to be low, his defeat and destruc tion would be certain; and this would constitute a great suffering for the people.

On the other hand, if the King were to realise taxes at all times of the year, this also makes the people wretched. — (139)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodayā (Rājanīti, p. 275), which explains ‘ātmamūloccheda’ as ‘not realising revenues and taxes,’ and ‘paramuloccheda’ as ‘realising more revenue and taxes than what is proper.’

 

Comparative notes by various authors:

Mahābhārata (12.87.18). — ‘Taxes therefore shall be levied by the king after proper investigation; he should not destroy his own as well as other people’s roots by too much greed.’

Yājñavalkya (1.338-339). — ‘The king, who unlawfully adds to his treasury out of the kingdom, speedily perishes along with his relations, losing all his prosperity. The fire arising out of the heat produced by harassing the people, is extinguished only after having burnt the king’s prosperity, family and life.’

Kātyāyana (Vīramitrodaya-Rājanīti, p. 276). — ‘The king who unlawfully realises from the kingdom, taxes, fines, duties and shares of the land’s produce, is a sinner.’

 

 

VERSE 7.140

Section XI - Customs-Duties

 

तीक्ष्णश्चैव मृदुश्च स्यात् कार्यं वीक्ष्य महीपतिः ।
तीक्ष्णश्चैव मृदुश्चैव राज भवति सम्मतः ॥१४०॥

tīkṣṇaścaiva mṛduśca syāt kāryaṃ vīkṣya mahīpatiḥ |
tīkṣṇaścaiva mṛduścaiva rāja bhavati sammataḥ ||140||

 

The King shall be severe and mild, after having duly examined the work (of each man); it is only the severe-mild King who is highly respected. — (140)

 

Medhātithi’s commentary (manubhāṣya):

Severity and mildness shall be always practised. Such a King becomes ‘highly respected’ — honoured — of his people. — (140)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 134).

 

Comparative notes by various authors:

Yama (Vīramitrodaya-Rājanīti, p. 134). — ‘Impartial to all creatures, well-versed in what is lawful and what unlawful, he shall never do things alone by himself, — thus alone can he protect the earth.’

Śukranīti (4.1.130). — ‘The king should punish his own people, being mild internally, but harsh externally; and should be severe in punishment upon those who are by nature wicked.’

Śukranīti (4.1.191). — ‘The king should be merciful and inflict punishment with care.’

 

 

VERSE 7.141

Section XI - Customs-Duties

 

अमात्यमुख्यं धर्मज्ञं प्राज्ञं दान्तं कुलोद्गतम् ।
स्थापयेदासने तस्मिन् खिन्नः कार्यैक्षणे नृणाम् ॥१४१॥

amātyamukhyaṃ dharmajñaṃ prājñaṃ dāntaṃ kulodgatam |
sthāpayedāsane tasmin khinnaḥ kāryaikṣaṇe nṛṇām ||141||

 

When tired with looking after the affairs of men, he shall place in that place his chief minister, who is conversant with the law, wise, self-controlled, and born of a noble family. — (141)

 

Medhātithi’s commentary (manubhāṣya):

When he is tired with looking after the affairs of his subjects, he shall depute to that work of ‘looking after affairs’ a minister who is endowed with the knowledge of law and other qualifications, and is fit for bearing all responsibilities. — (141)

 

Explanatory notes by Ganganath Jha:

Buhler attributes the reading ‘Śāntam’, for ‘prājñam’, to Medhātithi; but there is nothing in Bhāṣya itself to justify this conclusion.

 

Comparative notes by various authors:

Viṣṇu (3.73). — ‘He shall entrust a Brāhmaṇa with judicial business.’

Yājñavalkya (2.3). — ‘If, under pressure of business, the king is unable to look after cases, he shall appoint a Brāhmaṇa versed in all duties, along with the members of the Court.’

Vṛddha-Bṛhaspati (Aparārka, p. 602). — ‘The king or the Brāhmaṇa Judge shall look after the cases.’

 

 

VERSE 7.142

Section XI - Customs-Duties

 

एवं सर्वं विधायैदमितिकर्तव्यमात्मनः ।
युक्तश्चैवाप्रमत्तश्च परिरक्षेदिमाः प्रजाः ॥१४२॥

evaṃ sarvaṃ vidhāyaidamitikartavyamātmanaḥ |
yuktaścaivāpramattaśca parirakṣedimāḥ prajāḥ ||142||

 

Having thus arranged all his business, he shall protect his people, ever intent and watchful. — (142)

 

Medhātithi’s commentary (manubhāṣya):

‘Thus’ — refers to the appointing of assistants and all the rest that has been described above.

‘Arranged’ — accomplished.

‘Business’ — all that is useful is called ‘business’.

‘Intent’ — engrossed; hence ‘watchful’ or ‘watchfulness’ may stand for infallibility of intellect. In this way shall he protect his people. — (142)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 414).

 

Comparative notes by various authors:

Gautama (10.7.8). — ‘To protect all created beings is the additional duty of the king; — and to inflict lawful punishments.’

Baudhāyana (1.18.1). — ‘The king shall protect his subjects, receiving as his pay a sixth part of their incomes.’

Āpastamba (2.10.6). — ‘The lawful occupations of a Kṣatriya are the same (as the Brāhmaṇa’s), — with the exception of teaching, officiating as priests and accepting gifts. But governing and fighting should he added to them.’

Vaśiṣṭha (19.1). — ‘The particular duty of the king is to protect all beings; by fulfilling it he obtains success in this world and in the next.’

Viṣṇu (3.2). — ‘The duties of the king are — to protect his people, etc., etc.’

Yājñavalkya (1.334). — ‘He shall protect the people harassed by back-biters, thieves, wicked men and criminals and by Kāyasthas.’

Rāmāyaṇa (Parāśaramādhava, p. 415). — ‘The Kṣatriya, who governs the world in accordance with law, obtains power and fame in the world and also a happy state after death.’

Arthaśāstra (p. 94). — ‘During the first eighth part of the day he shall listen to reports relating to defence and income and expenditure; during the second part he shall look into the suits of the citizens and villages; during the third part he shall take his hath and food, and also carry on Vedic Studies; during the fourth part he shall receive monies and appoint officers; during the fifth part he shall hold counsel with the cabinet of ministers regarding the despatches to be sent, and hear reports from spies; during the sixth part he shall either hold council or amuse himself as he likes; during the seventh part, he shall inspect elephants, horses, chariots and arms; during the eighth part, accompanied by the commander-in-chief, he shall discuss military operations. — During the first part of the night, he shall see his confidential officers; during the second part, he shall bathe and take food and also carry on Vedic Studies; during the third part, he shall he down to the accompaniment of music and sleep during the fourth and fifth parts; during the sixth part, he shall rise to the accompaniment of music, and ponder over the scriptures and the processes of business; during the seventh part, he shall hold council and despatch spies; during the eighth part, accompanied by the domestic priest, the sacrificing priests and the Ācārya, he shall receive benedictions, see the physician, the cook and the astrologer, and go out after having circumambulated the cow with the calf and the bull.’

Arthaśāstra (p. 103). — ‘On rising from the bed, he shall he attended by women-archers; in the second apartment by eunuchs armoured and turbaned; in the third, by hump-hacks dwarfs and foresters, and in the fourth, by ministers, relatives and porters with spears.’

 

 

VERSE 7.143

Section XI - Customs-Duties

 

विक्रोशन्त्यो यस्य राष्ट्राद् ह्रियन्ते दस्युभिः प्रजाः ।
सम्पश्यतः सभृत्यस्य मृतः स न तु जीवति ॥१४३॥

vikrośantyo yasya rāṣṭrād hriyante dasyubhiḥ prajāḥ |
sampaśyataḥ sabhṛtyasya mṛtaḥ sa na tu jīvati ||143||

 

He, from whose territories people are carried off, screaming, by robbers, while he himself, along with his servants is looking on, is dead, not alive. — (143)

 

Medhātithi’s commentary (manubhāṣya):

This text describes the evil arising from neglecting the watchfulness laid down in the preceding verse.

If the king is not awake to the necessity of establishing outposts, then his subjects are carried off by robbers, who are ever on the look out for such loopholes; and what can the King do for the subjects? Such a King would be as good as dead. His very living is death itself. For this reason the King should be ever watchful.

‘Screaming’ — crying — ‘are carried away’; — ‘while, along with his servants the King is looking on.’ The evil is bound, under the circumstances, to be simply looked upon helplessly; the King’s servants can only look on, they cannot chase the robbers and free the people from their clutches; all these are as good as dead.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 294), which explains ‘hriyante’ as ‘are robbed’; and adds that the Genitive in ‘sampaśyataḥ’ denotes disregard.

 

Comparative notes by various authors:

Mahābhārata (13.61.31). — ‘A king in whose kingdom women are taken away by force, while their husbands and sons are crying for help, is really dead; he is not alive.’

Āpastamba (Vivādaratnākara, p. 294). — ‘That king is said to he the ordainer of security in whose kingdom there is no fear of thieves, either in villages or in forests.’

Hārīta (Do.). — ‘If wicked robbers prosper in the kingdom of a king, the sin being very much enhanced cuts off the very roots of that king.’

 

 

VERSE 7.144

Section XI - Customs-Duties

 

क्षत्रियस्य परो धर्मः प्रजानामेव पालनम् ।
निर्दिष्टफलभोक्ता हि राजा धर्मेण युज्यते ॥१४४॥

kṣatriyasya paro dharmaḥ prajānāmeva pālanam |
nirdiṣṭaphalabhoktā hi rājā dharmeṇa yujyate ||144||

 

The protection of the people is the Kṣatriya’s highest duty; the King, who enjoys the fruits mentioned, becomes endowed with merit. — (144)

 

Medhātithi’s commentary (manubhāṣya):

The King who enjoys the fruit as it comes to him, ‘becomes endowed with merit’. Otherwise, if he did the protection of only those who helped him, he would incur sin. — (144)

 

Comparative notes by various authors:

See the Texts under 112.

 

 

VERSE 7.145 [Daily Routine of Work]

Section XII - Daily Routine of Work

 

उत्थाय पश्चिमे यामे कृतशौचः समाहितः ।
हुताग्निर्ब्राह्मणांश्चार्च्य प्रविशेत् स शुभां सभाम् ॥१४५॥

utthāya paścime yāme kṛtaśaucaḥ samāhitaḥ |
hutāgnirbrāhmaṇāṃścārcya praviśet sa śubhāṃ sabhām ||145||

 

Having risen during the last watch of the night and performed his ablutions, with collected mind, having poured libations into the Fire, and honoured the Brāhmaṇas, he shall enter the auspicious Hall of Audience. — (145)

 

Medhātithi’s commentary (manubhāṣya):

The ‘last watch’ stands for the ‘Brāhma-muhūrta’, the ‘time sacred to Brahman’; that it is so is indicated by the terms ‘having performed his ablutions’, and ‘with collected mind’.

‘Having poured the libations into Fire’; — the performance of this act of Homa-offering is not to be done during the ‘Brahma-muhūrta’; ince at that time four muhūrtas (3 hours, 12 minutes) of the night would be still left, while the Homa-offering has been laid down as to be done when the night has dawned. So what all this means is simply — ‘having accomplished all that is to be done at dawn’.

‘Having honoured’ worshipped — ‘the Brāhmaṇas’ — ‘he shall enter the auspicious Hall of Audience’ — equipped with auspicious marks. — (145)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 409); — in Vīramitrodaya (Rājanīti, p. 155); — in Nṛsiṃhaprasāda (Saṃskāra, p. 740); — and in Smṛticandrikā (Vyavahāra, p. 43).

 

Comparative notes by various authors:

Smṛtyantara (Vīramitrodaya-Rājanīti, p. 155). — ‘Rising during the last quarter of the night, he shall cleanse his teeth; then entering the bath-room, he shall bathe with purified water; thereupon having offered water to the Sun-god with collected mind, he shall adorn his body, and having looked at his face with a mantra, he shall give to the Brāhmaṇa a pot of clarified butter along with gold.’

Brahmapurāṇa (Vīramitrodaya-Rājanīti, p. 158). — ‘Everyday on rising the king shall honour the gods and Brāhmaṇas; ho shall then worship the Fire.’

Yājñavalkya (1.331). — ‘Being welcomed with the blessings of sacrificial and domestic priests and the teacher, he shall see the astrologers and physicians and then give away cows, gold and land.’

 

 

VERSE 7.146

Section XII - Daily Routine of Work

 

तत्र स्थितः प्रजाः सर्वाः प्रतिनन्द्य विसर्जयेत् ।
विसृज्य च प्रजाः सर्वा मन्त्रयेत् सह मन्त्रिभिः ॥१४६॥

tatra sthitaḥ prajāḥ sarvāḥ pratinandya visarjayet |
visṛjya ca prajāḥ sarvā mantrayet saha mantribhiḥ ||146||

 

Staying there, he shall welcome all his subjects and then send them away. Having sent off all the people, he shall take counsel with his minister. — (146)

 

Medhātithi’s commentary (manubhāṣya):

‘There’ — in that hall — ‘staying’, — ‘he shall welcome’ — gratify with proper forms of address, looks, marks of respect and salutation — ‘the subjects’ — who happen to come to see him, — ‘and then send them away’, — permit them to go as they had come.

Then, often the people have been sent off, ‘he shall take counsel with his ministers’, — discussing what should be done in connection with matters relating to his own kingdom and that of other Kings. The five requisites of ‘Counsel’ are now described.

Those requisites of ‘counsel’ are as follows: — The means of undertaking a project, (2) the supply of men and material, (3) due apportionment of place and time, (4) remedy for miscarriage, and (5) success of the project.

What the verse means is that the King shall not trespass upon the time for listening to the prayers of the people. It is possible that the sitting of the council may be prolonged; and of this he shall not apeak to the men; he shall keep his counsel secret. — (146)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 410); — in Vīramitroday (Rājanīti, p. 159), which explains ‘tatra’ as ‘in the Court’; — and in Smṛticandrikā (Vyavahāra, p. 61).

 

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 158). — ‘Then, being announced by the gate-keeper, he shall see the Brāhmaṇa, councillors and ministers and the people seated in the court. Then he shall listen to the histories for a little while and then look into the suits of the suitors.’

Bṛhaspati (Vīramitrodaya-Rājanīti, p. 158). — ‘In the forenoon, seated in the Court, he shall see the aged men, the ministers and his dependants and also the gods; thereafter he shall listen to the law-scriptures.’

 

 

VERSE 7.147

Section XII - Daily Routine of Work

 

गिरिपृष्ठं समारुह्य प्रासादं वा रहोगतः ।
अरण्ये निःशलाके वा मन्त्रयेदविभावितः ॥१४७॥

giripṛṣṭhaṃ samāruhya prāsādaṃ vā rahogataḥ |
araṇye niḥśalāke vā mantrayedavibhāvitaḥ ||147||

 

Having ascended the top of a hill, or a house, and retiring into solitude, — or in a desolate forst he shall hold counsel, unobserved. — (147)

 

Medhātithi’s commentary (manubhāṣya):

This lays down the place where the council is to be held. ‘Retiring into solitude’ — seated in a place where there are no men.

‘Unobserved’; — he shall arrange it so that men may not be able to infer that such and such a thing is going on there.

‘Desolate’, ‘niśśalākam’, — ‘śalakā’ is tall grass hence the epithet means a place where even grass does not grow, and hence there is no possibility of any person going there. — (147)

 

Explanatory notes by Ganganath Jha:

‘Niḥśalāke’ — ‘Free from grass or such other places of concealment.’ (Medhātithi, Govindarāja and Nandana); — ‘solitary’ (Kullūka, Nārāyaṇa and Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 410); — in Vīramitrodaya (Rājanīti, p. 159) as laying down the place for holding the Council; it explains ‘Niḥśalāke’ as ‘solitary place;’ — in Nṛsiṃhaprasāda (Saṃskāra, p. 72b); — and in Rājanītiratnākara (p. 22a).

 

Comparative notes by various authors:

(verses 7.147-148)

Yājñavalkya (1.313). — ‘Kingship is based upon counsel; hence counsel should be always so guarded as people may not know of it till it has borne fruit.’

Agnipurāṇa (Vīramitrodaya-Rājanīti, p. 308). — ‘The king shall keep his counsel well-guarded; since from unguarded counsel follow troubles; secret counsel is divulged by women and dishonoured persons.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 309). — ‘The king should always keep his counsel hidden; if he cannot keep it hidden he shall surely fall into trouble. That king alone has the whole earth under his power, whose acts are known only when they have been completed, and never when they have only been begun. Kingship is based upon counsel; hence counsel should be always kept well-guarded by kings.’

Arthaśāstra (p. 71). — ‘The place for bolding counsel should be hidden, from where no sound can escape and which shall not be visible even to birds. None should enter it unless permitted by the king.

Arthaśāstra (p. 73). — ‘The followers of Parāśara have held that the best way of obtaining advice and yet keeping the project secret is to place before the ministers not the actual project, but a hypothetical case somewhat similar to it. — This is denied by Piśuna on the ground that if questioned in regard to irrelevant issues, the councillors would offer opinions without due consideration and to blab about it; therefore the king shall hold counsel with only those councillors who may be known as experts in the matter under consideration. — This also is not right, says Kauṭilya; as in this case the number of councillors will have to be endless; the king shall therefore hold counsel only with three or four councillors. If only one were consulted he would talk without any restraint, and the right conclusion would not be arrived at; — if two only were consulted, there would be chances of collusion between them and the king might he placed in a difficult situation. These dangers would he avoided by consulting three or four men.’

Kāmandaka (11.72). — ‘The king should hold counsel in a place on the roof of his palace, — or in a forest, where there are no pillars, no windows and no nook or corner. He should also see that he is not watched by any one.’

 

 

VERSE 7.148

Section XII - Daily Routine of Work

 

यस्य मन्त्रं न जानन्ति समागम्य पृथग्जनाः ।
स कृत्स्नां पृथिवीं भुङ्क्ते कोशहीनोऽपि पार्थिवः ॥१४८॥

yasya mantraṃ na jānanti samāgamya pṛthagjanāḥ |
sa kṛtsnāṃ pṛthivīṃ bhuṅkte kośahīno'pi pārthivaḥ ||148||

 

That King, whose secret plans other people, coming together, do not know, enjoys the whole earth, even though he be poor in treasure. — (148)

 

Medhātithi’s commentary (manubhāṣya):

This verse is meant to lay down that secret plans shall not be disclosed.

‘Other men’ — those who are not councillors, outside the pale of those who are in the King’s secret. — (148)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 308); — and in Rājanītiratnākara (p. 22b).

 

Comparative notes by various authors:

(verses 7.147-148)

See Comparative notes for Verse 7.148.

 

 

VERSE 7.149

Section XII - Daily Routine of Work

 

जडमूकान्धबधिरांस्तैर्यग्योनान् वयोऽतिगान् ।
स्त्रीम्लेच्छव्याधितव्यङ्गान् मन्त्रकालेऽपसारयेत् ॥१४९॥

jaḍamūkāndhabadhirāṃstairyagyonān vayo'tigān |
strīmleccavyādhitavyaṅgān mantrakāle'pasārayet ||149||

 

At the time of taking counsel, he shall send away the idiot, the dumb and the deaf, animals, very aged persons, women, foreigners, the sick and the maimed. — (149)

 

Medhātithi’s commentary (manubhāṣya):

When he is holding counsel, the King shall remove every kind of living being from the place; he shall send them all away from there, for fear of his secrets leaking out.

Among animals also, parrots and such others often disclose secrets; cows and horses also, under the influence of some magical art, have been heard to have their shape transformed and thereby made carriers of good and bad news; and we hear of such Kingly arts as those of making animals to disappear and so forth.

The ‘idiot’ and the rest being already included under the ‘maimed’, the separate mention of all these is analogous to the expression ‘go-balīvarda’ (where even though the balīvarda, ox, is included under the ‘go’, yet it is mentioned separately; and the ‘maimed’ have been mentioned separately with a view to preclude the notion being entertained that ‘the maimed person, being without bands and feet, cannot go out, he must stay locked up on, so that how could he divulge our secret?’

Or, the verse may mean that the persons specified shall not be made councillors, on account of the possibility of their intellect being defective, — and hence they should not be confided in either; so that it becomes necessary that they shall be sent away. — (149)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 309), which adds the following notes: — ‘Jaḍa’ is ‘one who is devoid of intelligence, idiot,’ — ‘tairyagyonāḥ’, — ‘parrots, starlings and the like,’ — ‘vayotigāhi,’ ‘very old persons,’ — ‘Mleccha’, stands for ‘persons whose language is not intelligible’; — for ‘Mleccho’, another reading is ‘klībo.’

It is quoted in Rājanītiratnākara (p. 22b).

 

Comparative notes by various authors:

Agnipurāṇa (Vīramitrodaya-Rājanīti, p. 308). — ‘Secret counsel is divulged by women and dishonoured persons.’

Mahābhārata (Do., p. 310). — ‘The following are the ways by which secret counsel becomes divulged, — hence one who is desirous of continued prosperity should guard against these — intoxication, sleep, ill-treatment, appearance, trust in wicked councillors and inept ambassador.’

Viṣṇudharmottara (Do.) — ‘The king shall never hold counsel with illiterate or untrustworthy or unrighteous persons.’

 

 

VERSE 7.150

Section XII - Daily Routine of Work

 

भिन्दन्त्यवमता मन्त्रं तैर्यग्योनास्तथैव च ।
स्त्रियश्चैव विशेषेण तस्मात् तत्रादृतो भवेत् ॥१५०॥

bhindantyavamatā mantraṃ tairyagyonāstathaiva ca |
striyaścaiva viśeṣeṇa tasmāt tatrādṛto bhavet ||150||

 

Persons who have been disgraced, animals, and particularly women betray secret plans; hence he shall be careful with regard to them. — (150)

 

Medhātithi’s commentary (manubhāṣya):

‘Disgraced’, — fallen from honour. Such despicable persons, as also other paltry men, even when not disgraced, might hear something, and might be able to utter a few syllables; and this would lead to the disclosure of the secret; as, from the slightest hints, clever men are capable of drawing important inferences. — (150)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 309), which explains ‘Ādṛta’ as ‘suspicious.’

 

Comparative notes by various authors:

Agnipurāṇa. — (See under 149.)

 

 

VERSE 7.151

Section XII - Daily Routine of Work

 

मध्यन्दिनेऽर्धरात्रे वा विश्रान्तो विगतक्लमः ।
चिन्तयेद् धर्मकामार्थान् सार्धं तैरेक एव वा ॥१५१॥

madhyandine'rdharātre vā viśrānto vigataklamaḥ |
cintayed dharmakāmārthān sārdhaṃ taireka eva vā ||151||

 

At mid-day or at mid-night, free from fatigue and dulness, he shall deliberate on matters relating to morality, pleasure and wealth, either with them, or alone by himself; — (151)

 

Medhātithi’s commentary (manubhāṣya):

He shall ponder over conflicts among the demands of morality, pleasure and wealth. If any one of them were to supervene, success would follow if all the others also were to rise in proportion. — (151)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 410); — and in Vīramitrodaya (Rājanīti, p. 159) as laying down the time for holding the Council; — and again on p. 317).

 

Comparative notes by various authors:

Arthaśāstra (p. 39). — ‘He shall have recourse to only such pleasure as is in consonance with spiritual and material welfare; he shall not deprive himself of pleasure entirely; or he may devote equal attention to all the three; as over-addiction to any one of them ruins the other, etc. Material Welfare is the most important, says Kauṭilya; Spiritual Welfare and Pleasure are dependent upon that.’

 

 

VERSE 7.152

Section XII - Daily Routine of Work

 

परस्परविरुद्धानां तेषां च समुपार्जनम् ।
कन्यानां सम्प्रदानं च कुमाराणां च रक्षणम् ॥१५२॥

parasparaviruddhānāṃ teṣāṃ ca samupārjanam |
kanyānāṃ sampradānaṃ ca kumārāṇāṃ ca rakṣaṇam ||152||

 

 — also on the attainment of these, mutually irreconcilable as they are, on the giving away of daughters and on the guardianship of sons; — (152)

 

Medhātithi’s commentary (manubhāṣya):

‘The attainment’, — bringing together — ‘of these, mutually irreconcilable’ — i.e., of morality, pleasure and wealth, — or of the ministers; — ‘the giving away of daughters’; — all this should be deliberated upon, in connection with the success of his business; also the ‘guardianship of his sons’, the princes.

The princes should be made to accept morality and wealth, by the king saying such words be ‘I am your own’. When they come by money for the first time, they spend it just as they happen to be advised, and they generally waste it; and evil-minded men take from them whatever they ask for; — if they happen to associate with wicked men, they imbibe their character; and being thus poisoned with evil tendencies, they cannot be kept away from vices; for, as has been said — ‘it is impossible for the colour of saffron to be put upon a cloth already tinged with blue’. For this reason the princes have to be constantly instructed. Among them again, those that are possessed of better qualities should receive advancement; the others receiving comparatively little for their share. The eldest of them, who is highly qualified and free from jealousies, should be installed as heir-apparent. In this manner the king shall always take care to guard the princes. — (152)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Parāśaramādhava (Ācāra, p. 410); — the entire verse in Vīramitrodaya (Rājanīti, p. 159), — and again on p. 317, where the following notes are added — ‘Teṣām,’ stands for ‘Dharma’ — Artha — Kāma’, among whom, in most cases, there is conflict; — ‘samupārjanam,’ means ‘attainment, in the proper manner, i.e., the attainment of one or the other out of the three, without detriment to the other two factors.’

 

 

VERSE 7.153

Section XII - Daily Routine of Work

 

दूतसम्प्रेषणं चैव कार्यशेषं तथैव च ।
अन्तःपुरप्रचारं च प्रणिधीनां च चेष्टितम् ॥१५३॥

dūtasampreṣaṇaṃ caiva kāryaśeṣaṃ tathaiva ca |
antaḥpurapracāraṃ ca praṇidhīnāṃ ca ceṣṭitam ||153||

 

 — or the sending of ambassadors, the remaining details of undertakings, on the affairs of the harem, and on the work of spies; — (153)

 

Medhātithi’s commentary (manubhāṣya):

He shall deliberate upon the sending of ambassadors to the king with whom he intends to enter into alliance, or on whom he is going to declare war.

He shell also deliberate upon the ‘remaining details’ of such undertakings as have been already taken in hand, — with a view to complete them.

Protected by a trusted body-guard, he shall enter the harem situated in another apartment of his palace; and there he shall visit the senior and absolutely pure and trusted queen, and not one who is not pure and free from suspicions. For one Bhadrasena, the king’s brother, hidden in one of the rooms and under the bed of his mother, once killed the king; — a queen struck the king of Avanti on his abdomen with her anklet besmeared with poison, through her association with another man; another queen struck the King Viduratha of Sauvīra with a weapon hidden in her hair. So all these secret places the king shall examine with care; and he shall prohibit the association of the maids of his harem with strangers with shaved head or with matted locks, or with maid-servants from outside.

He shall deliberate also upon the work — the transactions — of his spies, who may have gone to work as beggars with bowls and under other disguises. — (153)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 410); — and in Vīramitrodaya (Rājanīti, p. 159); — again on p. 317, where ‘praṇidhi’ is explained as ‘spy.’

 

Comparative notes by various authors:

Kāmandaka (12.25). — (See under 122.)

 

 

VERSE 7.154

Section XII - Daily Routine of Work

 

कृत्स्नं चाष्टविधं कर्म पञ्चवर्गं च तत्त्वतः ।
अनुरागापरागौ च प्रचारं मण्डलस्य च ॥१५४॥

kṛtsnaṃ cāṣṭavidhaṃ karma pañcavargaṃ ca tattvataḥ |
anurāgāparāgau ca pracāraṃ maṇḍalasya ca ||154||

 

 — also upon the entire ‘eight-fold business,’ and on the ‘five-fold group’ in its real character, on affection and disaffection, and on the conduct of his ‘circle’. — (154)

 

Medhātithi’s commentary (manubhāṣya):

‘Eight-fold business’. — Either (A) —

undertaking of what has not been done,

the doing of what, has not been done,

the refining of what has been done,

the acquiring of the fruits of the act,

conciliating,

alienating,

giving

and employing force;

or (B) —

Trade,

building of embankments and bridges,

fortification,

repairing of fortifications,

elephant-catching,

mine-digging,

colonising uninhabited places

and clearing of forests.

Others quote the following two verses of Śukra, in explanation of what constitutes the ‘eight-fold business’ — “

Acquiring,

(and) spending,

dismissing,

(and) forbidding,

propounding of the right course of conduct,

investigating cases,

inflicting punishments,

and imposing purificatory penances;

 — the king, ever intent upon these, is said to carry on his ‘eight-fold business’; he who duly performs this eight-fold business is honoured by his enemies and goes to heaven.

In this quotation —

‘acquiring’ means the receiving of revenues;

‘expenditure’ stands for gifts to servants;

‘dismissing’ for getting rid of wicked servants;

‘forbidding’ for the checking of the improper activities of his officers;

‘propounding of the right course of conduct’ for the checking of improper conduct;

‘investigation of cases’ for the settling of doubts arising in regard to the duties of the several castes and orders;

‘inflicting of punishment,’ for what is done in the case of disputes among his subjects;

and ‘purificatory penances’ for those that have to be done in connection with mistakes due to want of care.

All this constitutes the ‘eight-fold business

‘Five-fold group’. — This stands for the five kinds of spies, disguised as —

a scholar,

a fallen ascetic,

a householder in distress,

a merchant in trouble,

and a hermit.

The term ‘scholar’ here stands for forward students advertising themselves as knowing the highest law; the spy who goes about thus disguised should be honoured by the minister with presents and marks of honour, and addressed thus — ‘Putting your trust upon the king and on myself, you should report whatever wrong you happen to discover.’

(2) The ‘fallen ascetic’ is one who has fallen off from the state of the true Renunciate; he is one who is endowed with intelligence and purity; and he should take up service as a body-servant in a place where there is plenty of gold and where there is every possibility of vast gifts of food-grains being made; he shall also carry the fruits of agriculture to all wandering mendicants, enough to supply them with food, clothing and home; among these those that might be seeking a livelihood, these he should alienate; and in this manner the work of his employer, the king, should be done. Such a spy shall present himself at the time of the distribution of fooding and wages; and all wandering mendicants would, in this fashion, become alienated from their duties.

(3) ‘The householder in distress’, — is the agriculturist reduced to poverty, who is clever and pure. He should do the work of cultivation on a piece of land, such as described above.

(4) The ‘merchant in trouble’ is the trader, clever and pure, but reduced to poverty; he should do the work of trading, in a place, such as described above.

(5) The disguised ‘ascetic’ is one who is either completely shaven or wears matted locks, and goes about seeking a living. He should take up lodgings dose by the city, accompanied by a large number of clean-shaven disciples, openly living upon a handful of herbs or barley-corn, taken at the interval of thirty days, but secretly eating to his heart’s content; his disciples, also disguised as ascetics, shall proclaim to the people that he is possessed of great occult powers, and thereby obtain presents of money; and under his influence the king’s confidential ministers would disclose to him projected burnings, danger from thieves, the projected killing of wicked persons or news from foreign countries, — saying ‘this will happen either to-day or tomorrow’, ‘the king is going to do this and that’, and so forth.

Under the other king there would be certain persons studying the science of genealogy, the Saṅgavidyā (?), the science of putting to sleep (Jambhakavidya?), the processes of magic, the duties of the several orders, the science of omens; and all such persons the king shall get over to his own kingdom through the above-mentioned five kinds of spies. Among the ministers, priests, army commanders, princes, wardens, inner guards and others belonging to the other king, — he shall, under the disguise of ordinary citizens, introduce his own trusted ministers, who are experts in tricks, disguises, arts and languages; similarly he shall also depute the humpbacked, the dwarf, the forester, the dumb, the idiot, the deaf, the blind, the actor, the dancer, the singer and others, as also women capable of entering the harem; along the forests foresters should be appointed, and in villages villagers, all ostensibly engaged in their own business and wholly immersed in these; and all these shall be in constant communication with persons of their own kind. Similarly with persons capable of moving in water, who should go about secretly, and hold secret commissions.

Having appointed this ‘five-fold group’, he shall, through these, learn all about ‘affection and disaffection’ among the people of the other king, as also among his own priests and ministers.

He shall also ponder over the ‘conduct of his circle’, — i.e., the tendency to peace and war of his provincial governors. — (154)

 

Explanatory notes by Ganganath Jha:

‘Aṣṭavidham karma’ — Medhātithi offers three explanations: — (A) — (1) Conciliation, (2) Division, (3) Force, (4) Presents, (5) Attempting the undone, (6) Completing what is done, (7) Bettering what is completed, (8) Consolidating the fruits of the operation; — (B) (1) Trading routes, (2) Bridgemaking, (3) Fortification, (4) Strengthening of forts, (5) Elephant-catching, (6) Mining, (7) Settling unpopulated tracts, and (8) Clearing forests; — (C) — (1) Revenue-collection, (2) Expenditure, (3) Dismissing undesirable servants, (4) Prohibiting of wrong, (5) Deciding difficult points, (6) Inspection of judicial affairs, (7) Inflicting of punishments, (8) prescribing purificatory penances. — Of these (B) is adopted by Nandana, and (C) by Govindarājā, Kullūka, Nārāyaṇa and Rāghavānanda.

This verse is quoted in Parāśaramādhava (Ācāra, p. 411), which explains that the ‘eightfold business’ has been described by Uśanas, and it quotes the verses cited by Medhātithi, to which it adds the note that ‘śuddhi’ is ‘expiatory penance.’ It proceeds to explain pañcavarga as standing for (1) kāpālika, beggar (2) dāmbhika, the hypocrite, (3) gṛhapati, the householder (4) vaidehaka, and (5) the disguised hermit; it goes on to point out that it may stand for — (1) The commencement of an operation, (2) the supply of men, (3) supply of material, (4) precautionary measures and (5) success.

It is quoted in Vīramitrodaya (Kājanīti, p. 159), where also the verses of Uśanas are quoted, to which the following explanatory notes are added: — ‘Ādānam’ — i.e., of taxes and other dues, — ‘visarga’, ‘making gifts of wealth,’ — ‘praiṣa’ is the activity of the Minister and others relating to temporal and spiritual matters, — ‘niṣedhaḥ’, prohibiting of inimical acts, — ‘anuvacana’, ‘the king’s orders regarding doubtful points’ — and ‘śuddhi’ is ‘expiatory penance.’ — it explains ‘pañcavarga’ as consisting of — (1) allies, (2) means of success, (3) apportionment of time and place, (4) prevention of trouble and (5) success.

It is quoted again in the same work, on page 317, where also the same verses from Uśanas are quoted, but with a fuller explanatory note: — ‘Ādānam’ is ‘collection of revenue and other dues’, — ‘visarga’ is ‘the giving away of prizes and other presents’, — ‘preṣa’ is the deputing of servants (v.l. praiṣa) and others, — ‘arthavacana’ is ‘taking of measures for amassing wealth’, — some works read, for ‘arthavacanam’, ‘anuvacanam’, which means ‘the king’s orders on doubtful points’, — ‘śuddhi’ regarding Punishments, consists in their being inflicted in accordance with law; and that regarding the ‘Self’ consists in expiatory penances. — Next it quotes Medhātithi’s first explanation (A) of the ‘eightfold business and then proceeds to explain ‘pañcavarga’ (of the text) as meaning the ‘group consisting of five spies’, as follows: — (1) Those trustworthy persons who are experts in geography, arts, languages and so forth, (2) those disguised as dwarfs, foresters, dumb and deaf, insane or blind, (3) dancers, musicians, and singers, (4) Ascetics and so forth. It then quotes the other explanation of ‘pañcavarga’ as consisting of allies and the rest (see above). ‘Aparāgaḥ’ (of the text) means ‘disaffection’; the sense being that the king should make it his business to learn everything regarding the affection and disaffection that there may be among Ministers, Priests, the Commander-in-Chief, the Heir Apparent, the Porter and others.

 

Comparative notes by various authors:

Pracetas (Vīramitrodaya-Rājanīti, p. 159). — ‘Acquiring, spending, directing, forbidding, proclaiming, investigating suits, punishing and expiating, — are the eight functions of the king; by fulfilling these eight functions the king goes to Heaven and is honoured by Indra. — Assistants, means of accomplishment, division of place, division of time, and remedy for troubles, — these are the five elements of success.’

Uśanas (Parāśaramādhava, p. 411). — (Same as above.)

Arthaśāstra (p. 75). — ‘The five subjects for consultation are — (1) the means of commencing operations, (2) the supply of requisite men and material, (3) adjustment of time and place, (4) the remedy of troubles, and (5) success.’

 

 

VERSE 7.155

Section XII - Daily Routine of Work

 

मध्यमस्य प्रचारं च विजिगीषोश्च चेष्टितम् ।
उदासीनप्रचारं च शत्रोश्चैव प्रयत्नतः ॥१५५॥

madhyamasya pracāraṃ ca vijigīṣośca ceṣṭitam |
udāsīnapracāraṃ ca śatroścaiva prayatnataḥ ||155||

 

 — on the conduct of the ‘intermediary’ oh the doings of the king bent upon conquest, on the action of the neutral king, as also that of his enemy, with special care. — (155)

 

Medhātithi’s commentary (manubhāṣya):

Of the said ‘circle’ the following are the four principal components — (1) the King bent upon conquest, (2) the Enemy, (3) the Intermediary and (4) the Neutral. Of these the King, who has people on his side and who has made up his mind to conquer a certain part of the world, is called ‘bent upon conquest,’ by reason of his being endowed with courage and strength. — the ‘Enemy’ is of three kinds — (a) born, (b) natural and (c) acquired. — The ‘Intermediary’ is the king whose territory is co-terminous with that of the king in question. — The ‘Neutral’ is one who is capable of defeating each of the two — ‘one who is bent upon conquest’ and his ‘enemy’ — singly, but not con jointly; and also each of the three — ‘he who is bent upon conquest,’ the ‘enemy’ and the ‘intermediary’ — singly, but not conjointly. — (I55)

 

Explanatory notes by Ganganath Jha:

Cf. Kāmandakīya Nītisāra, 8.14, 18.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 320), which adds the following notes: — In the ‘circle’ of kings, there are four kinds of kings — (1) The king seeking conquest (2) the three kinds of enemy — the natural enemy, the artificial enemy and the neighbouring state, (3) the middle state, which is capable of defeating either of the two parties to a conflict, taken singly (4) the neutral, who is capable of smashing any one of the above three.

This verse is quoted in Rājanītiratnākara (p. 36a).

 

Comparative notes by various authors:

(verses 7.155-159)

Śukranīti (1.121). The kingdom is an organism of seven limbs — the King, the Minister, the Ally, the Treasure, the Kingdom, the Fort and the Army.’

Do. (2.141-113). — ‘The Priest, the Viceroy, the Premier, the Commander, the Councillor, the Judge, the Scholar, the Finance Minister and the ordinary Minister and the Spy, these are the ten limbs of the King.’

Viṣṇu (3.38). — ‘Towards his neighbour and natural enemy, his ally, a neutral power, and a power situated in between his natural enemy and an oppressive power, — let him adopt alternately, as the occasion and the time require, the four modes of obtaining success — Conciliation, Division, Presents and Force.’

Yājñavalkya (1.344). — ‘The enemy, the ally, the neutral power, and those coming in between these, — all these he shall deal with through conciliation and other methods. These methods are Conciliation, Presents, Division and Force.’

Viṣṇudharmottara — (Vīramitrodaya-Rājanīti, p. 319). — ‘The king shall he careful with regard to the seven-limbed kingdom; the seven limbs being Conciliation, Presents, Fortification, Treasury, Fines, Ally and People.’ — He shall banish all persons obstructing these seven, and he shall (quickly destroy all his enemies.’

Mahābhārata (Do., p. 322). — ‘The king himself seeking glory, has to d«al with the following — Enemy, Ally, Enemy’s Ally, Ally’s ally, Ally of the enemy’s ally; — these in front; then come the following in the rear — one attacking in the rear, one restraining this rear-attack, those helping the rear-attack, and those helping the restrainer.’

Arthaśāstra (Part II, p. 224). — ‘Master, Minister, People, Fort, Treasury, Force and Allies are the seven Constituent Factors.’

Arthaśāstra (p. 175). — ‘The Methods are Conciliation, Presents, Division and Force. Conciliation is five-fold — describing virtues, recalling mutual relationship, recalling mutual help, indicating future possibilities, self-surrender. — Describing of virtues consists in setting forth the nobility of birth, physical virtues, facts and so forth. — Recalling of relationship consists in pointing out the blood and other relationships; — Recalling of Mutual Help in reminding one of the occasions on which help was rendered; — Indicating of Future Possibilities, in pointing out that the acceptance of the proposal would bring benefits; — Self-surrender, in ottering all one’s resources — “whatever is mine is yours, you can make such use of it as you like.”

Śukranīti (4.1.51, et. seq.) — ‘Alliance, Presents, Division and Force, — these policies are to be applied separately to the Friend, Relatives, Family, Subjects and Enemies. “No one is such a friend as yourself” — this is called Alliance. — “ All my goods, even my life, are yours” — this is Present. — The narrative of one’s own merits or those of other friends to somebody is Division.- — “If you do such and such an act, I shall cease to be your friend” — this is Force............ The statesmanlike King shall employ these policies in such a wav that friends, neutrals and foes can never go beyond himself. — Sāma, Peace, is to be employed first, — then Presents, — then the playing off of enemies against one another. Force is to be employed only when actual danger threatens. Alliance and Presents are to be employed towards forceful enemies; Alliance and Division towards those superior in strength; Division and Force towards equals and pure Force is advisable only against an enemy who is powerless. — Towards friends, only Alliance and Presents are to be employed; — never Division or Force.’

Kāmandaka (1.16). — ‘King, Minister, Kingdom, Caste, Treasury, Army and Allies are known to form the seven constituents of government; good sense and unebbing energy are its primary stay.’

Do. (4.1-2). — ‘The King, Minister, Kingdom, Fort, Treasury, Army and Allies form the seven constituents of the state. They contribute to one-another’s weal, and the loss of even a single one of these renders the whole imperfect; he who wishes to keep the state perfect should study their nature.’

Do. (8.4, 5). — ‘Minister, Fort, Kingdom, Treasury and Army, — have been declared to be the five constituents of the central sovereign. — These five and the allied sovereigns, and in the seventh place, the central monarch himself, have been said by Bṛhaspati to compose what is known as the “seven-limbed state.”

Kāmandaka (8.16). — ‘Ari, Mitra, Arimitra, Mitrāmitra, and the Arimitrāmitra are the five sovereigns whose domains he consecutively in front of the king going out on a conquering expedition.’

Do. (8.18). — ‘The sovereign whose domain lies intervening between the dominions of the Ari and the conquering king is denominated the Madhyama. His attitude becomes friendly when the Ari and the conquering king are united, and it is hostile to them when these are disunited.’

Do. (8.25). — ‘The twelve cardinal sovereigns, together with their respective five Prakṛtis, constitute the Prakṛtimaṇḍala consisting of seventy-two factors.’

Do. (8.36). — ‘The six Prakṛtis, viz., Minister, Kingdom, Fort, Treasury, Army and Ally, — of each of the ten sovereigns taken together, compose what is designated the maṇḍala of sixty factors.’

Do. (8.70). — ‘The king should please his own Prakṛtis by conciliation, presents and bestowal of honour, and be should crush the Prakṛtis of his enemies by sowing dissension among them and by openly attacking them.’

Do. (14.1). — ‘The Prakṛtis, from Minister to Ally, are the constituents of the state. Of all the weaknesses of the state, the gravest is the weakness of the king himself.’

Do. (15.22). — ‘Internal disaffection should he allayed by such measures of policy as conciliation, presents and the rest; and external disaffection by the causing of dissension and disunion among the disaffected party. A wise King should allay disaffection in such a manner that the disaffected do not go over to the enemy. — The loss of men and munition is said to be destruction and the loss of money and food is said to be drain; the wise and prudent king should never have recourse to a policy leading to such destruction and drain.’

Do. (15.55). — ‘The king should wean over to his side, by means of conciliation, presents and the rest, the foresters, frontier tribes, and commanders of forts, whom he may come across en route. In difficult and intricate tracts these people become the guide and point out the way.’

Kāmandaka (17.3). — ‘Conciliation, presents, display of military power and dissension, these four, and also Deceit, Neglect and Conjuring, — these seven in all are the means of success against an enemy.’

Do. (I7.60-61). — ‘The king conversant with the virtues of conciliation, should employ it whenever he likes. At first he should employ the policy of Presents, and then Conciliation and Dissension. — The policy of Conciliation without the support of the policy of resents seldom brings success in an undertaking; it cannot produce the desired eiīeet, even when employed towards one’s own wife.’

 

 

VERSE 7.156

Section XII - Daily Routine of Work

 

एताः प्रकृतयो मूलं मण्डलस्य समासतः ।
अष्टौ चान्याः समाख्याता द्वादशैव तु ताः स्मृताः ॥१५६॥

etāḥ prakṛtayo mūlaṃ maṇḍalasya samāsataḥ |
aṣṭau cānyāḥ samākhyātā dvādaśaiva tu tāḥ smṛtāḥ ||156||

 

These four components are, in brief, the root of the circle; eight others also have been described; these being the twelve that have been spoken op. — (156)

 

Medhātithi’s commentary (manubhāṣya):

‘That have been spoken of’; — these have been described as the ‘root’ or basic components of the circle; and there are ‘eight others’ also, — i.e., each of these four have two belonging to each, in the shape of the ‘ally’ and the ‘enemy’. The four original components, together with these eight, constitute the ‘twelve’. — (156)

 

Explanatory notes by Ganganath Jha:

“The eight other constituents are, according to Kāmandakī 8.16-17, (a) in front beyond the foe’s territory — (1) a friend, (2) the foe’s friend, (3) the friend’s friend (4) the foe’s friends, friend; — (b) in the roar — (1) he who attacks in the rear, (2) he who restrains the latter, (3) and (4) the supporters of these two.” — Buhler.

The first half of this verse is quoted in Vīramitrodaya (Rājanīti, p. 320), where also the above eight are mentioned.

 

Comparative notes by various authors:

(verses 7.155-159)

See Comparative notes for Verse 7.155.

 

 

VERSE 7.157

Section XII - Daily Routine of Work

 

अमात्यराष्ट्रदुर्गार्थदण्डाख्याः पञ्च चापराः ।
प्रत्येकं कथिता ह्येताः सङ्क्षेपेण द्विसप्ततिः ॥१५७॥

amātyarāṣṭradurgārthadaṇḍākhyāḥ pañca cāparāḥ |
pratyekaṃ kathitā hyetāḥ saṅkṣepeṇa dvisaptatiḥ ||157||

 

There are five others, (1) the minister, (2) the kingdom, (3) the fortress, (4) the treasury and (5) the army — described in connection with each (of the above twelve); these then, briefly, being seventy-two. — (157)

 

Medhātithi’s commentary (manubhāṣya):

The ‘minister’ and the rest are five other components of the circle, pertaining to each of the twelve aforesaid components. The total thus comes to be six times twelve, i.e., seventy - two. — (157)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 323), which enumerates the 72 as consisting of the (1) conquering king, (2) his minister, (3) his kingdom, (4) his fortress, (5) his treasury, (6) his army; — and so with each of the other eleven states of the ‘Circle’; this twelve times six makes 72.

 

Comparative notes by various authors:

(verses 7.155-159)

See Comparative notes for Verse 7.155.

 

 

VERSE 7.158

Section XII - Daily Routine of Work

 

अनन्तरमरिं विद्यादरिसेविनमेव च ।
अरेरनन्तरं मित्रमुदासीनं तयोः परम् ॥१५८॥

anantaramariṃ vidyādarisevinameva ca |
areranantaraṃ mitramudāsīnaṃ tayoḥ param ||158||

 

He shall regard, as ‘enemy’, his immediate neighbour, as also the person who helps his enemy; the immediate neighbour of his enemy he shall regard as his ‘friend’; and as ‘neutral’ the king who is beyond those two. — (158)

 

Medhātithi’s commentary (manubhāṣya):

One who is the immediate neighbour of the king bent on conquest shall be regarded as his enemy; as also the enemy’s ally. Similarly he shall regard as his friend the immediate neighbour of his enemy. The King who is beyond these two is ‘neutral.’

These same characteristics of the ‘friend’ and the ‘enemy’ are to be found in the ‘born’ and ‘acquired’ ones also. — (158)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Parāśaramādhava (Ācāra, p. 411); — and the first half in Vīramitrodaya (Rājanīti, p. 321).

 

Comparative notes by various authors:

(verses 7.155-159)

See Comparative notes for Verse 7.155.

 

 

VERSE 7.159

Section XII - Daily Routine of Work

 

तान् सर्वानभिसन्दध्यात् सामादिभिरुपक्रमैः ।
व्यस्तैश्चैव समस्तैश्च पौरुषेण नयेन च ॥१५९॥

tān sarvānabhisandadhyāt sāmādibhirupakramaiḥ |
vyastaiścaiva samastaiśca pauruṣeṇa nayena ca ||159||

 

All these he shall win over by means of conciliation and the other expedients, severally as well as collectively, as also by prowess and policy. — (159)

 

Medhātithi’s commentary (manubhāṣya):

‘Win over’ — bring under his sway.

‘Prowess and policy’ are the same as conciliation and war; and it has been declared that ‘they recommend conciliation and war’. — (159)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 411); — in Vīramitrodaya (Rājanīti, p. 323), which adds the following notes : — ‘Abhisandadhyāt’ means ‘should win over to his side’; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 72b).

 

Comparative notes by various authors:

(verses 7.155-159)

See Comparative notes for Verse 7.155.

 

 

VERSE 7.160

Section XII - Daily Routine of Work

 

सन्धिं च विग्रहं चैव यानमासनमेव च ।
द्वैधीभावं संश्रयं च षड्गुणांश्चिन्तयेत् सदा ॥१६०॥

sandhiṃ ca vigrahaṃ caiva yānamāsanameva ca |
dvaidhībhāvaṃ saṃśrayaṃ ca ṣaḍguṇāṃścintayet sadā ||160||

 

Alliance, War, March, Halt, Bifurcation and seeking shelter — these six measures of policy he shall constantly ponder over. — (160)

 

Medhātithi’s commentary (manubhāṣya):

Presents of gold and other things with a view to secure the good will of both parties constitute ‘alliance’; and the opposite of this is ‘War’; — going forward with a single purpose is ‘March’; — ignoring of the enemy leads to ‘Halt’; — putting forward terms of peace as well as of war constitutes ‘Bifurcation’; — and the surrendering of oneself to another is ‘Seeking Shelter’. These are the six ‘measures of policy’; and from among these he shall have recourse to that one by means of which, he feels, he would be enabled to erect fortifications, capture elephants, dig mines, carry on trade, cut down forests, raise embankments round fields in tracts not irrigated by rain, to win the wealth of other people, and so forth. — (160)

 

Explanatory notes by Ganganath Jha:

See Kāmandaka (11.27).

This verse is quoted in Parāśaramādhava (Ācāra, p. 411); — and in Vīramitrodaya (Rājanīti, p. 324), which adds the following notes: — ‘Sandhi’ is ‘alliance, entering into a compact, such as we shall help each other with elephants, horses and so forth, — ‘vigraha’ is ‘war’, — ‘yāna’ is ‘marching against the enemy’, — ‘āsana’ is ‘staying within one’s own territories, not minding the war that may have been declared;’ — ‘dvaidhībhāva’ is ‘dividing one’s own forces into two parts’, — and in; Nṛsiṃhaprasāda (Saṃskāra, p. 72b).

 

Comparative notes by various authors:

(verses 7.160-161)

Viṣṇu (3.39). — ‘He shall resort, as the time demands, to the six measures of making alliance and waging war, marching to battle and halting, seeking shelter and help and distributing his forces.’

Yājñavalkya (1.346). — ‘He shall duly have recourse to alliance, war, marching, sitting, seeking help and dividing his forces.’

Arthaśāstra (Part II, p. 237). — ‘The circle of constituents forms the source of the six Measures. — The six Measures are Alliance, War, Halting, Marching, Seeking Shelter and Duplicity — say the Teachers. According to Vātavyādhi, there are only two measures, all the six being included under Alliance and War. Alliance consists in entering into treaty; War in inflicting injury; Halting in disregarding; Marching in rising against the enemy; Seeking Shelter in surrendering oneself to another; and Duplicity in planning both peace and war.’

Śukranīti (4.7. 464, et.seq.). — ‘The six constituents of state-craft are — Sandhi, Vigraha, Yāna, Āsana, Āśraya and Dvaidhībhāva; — Sandhi, Peace, is that by which a powerful enemy becomes friendly; — Vigraha, War, is that by which the enemy is pressed and subdued; — Yāna is marching for the furtherance of one’s own interests and the destruction of the enemy’s; — Āsana, Entrenching, is that step by which one protects himself but destroys the enemy; — Āśraya, Seeking shelter, is that whereby even the weak becomes strong; — Dvaidhībhāva is the stationing of one’s troops in several directions.’

Kāmandaka (11.1). — ‘There are six modes of foreign Policy — according to some only two — Peace (including Duplicity and Shelter) and War (including Marching and Halting).

 

 

VERSE 7.161

Section XII - Daily Routine of Work

 

आसनं चैव यानं च सन्धिं विग्रहमेव च ।
कार्यं वीक्ष्य प्रयुञ्जीत द्वैधं संश्रयमेव च ॥१६१॥

āsanaṃ caiva yānaṃ ca sandhiṃ vigrahameva ca |
kāryaṃ vīkṣya prayuñjīta dvaidhaṃ saṃśrayameva ca ||161||

 

He shall have recourse to Halting, to Marching, to Alliance, to War, to Bifurcation or to Seeking shelter, after having fully considered his business. — (161)

 

Medhātithi’s commentary (manubhāṣya):

Having entered into alliance with one party, he shall declare war upon another, even under false pretences. Similarly he shall resort to Halting after having entered into alliance and declared war. All this he shall do after having fully considered his business. There can be no fixed time for all this; he shall resort to a certain measure at the time at which he may think it to be most opportune.

Objection — “If any rules regarding time cannot be indicated, why should there be any teaching regarding the subject at all?”

Answer — Who says that the time cannot be indicated? What is meant is that any minute details regarding the time are hard to indicate; a general indication is easy enough; and even a general indication comes useful to those who are not learned. — (161)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 411), — and in Vīramitrodaya (Rājanīti, p. 324), which explains ‘Saṃśraya’ as ‘seeking the shelter of a more powerful king, when hard-pressed by the enemy.’

 

Comparative notes by various authors:

(verses 7.160-161)

See Comparative notes for Verse 7.160.

 

 

VERSE 7.162-163

Section XII - Daily Routine of Work

 

सन्धिं तु द्विविधं विद्याद् राजा विग्रहमेव च ।
उभे यानासने चैव द्विविधः संश्रयः स्मृतः ॥१६२॥

समानयानकर्मा च विपरीतस्तथैव च ।
तदा त्वायतिसंयुक्तः सन्धिर्ज्ञेयो द्विलक्षणः ॥१६३॥

sandhiṃ tu dvividhaṃ vidyād rājā vigrahameva ca |
ubhe yānāsane caiva dvividhaḥ saṃśrayaḥ smṛtaḥ ||162||

samānayānakarmā ca viparītastathaiva ca |
tadā tvāyatisaṃyuktaḥ sandhirjñeyo dvilakṣaṇaḥ ||163||

 

But the King shall know that Alliance and War are of two kinds; so also both Marching and Halting; and Seeking shelter also has been declared to be of two kinds. — (162)

Alliance, endowed with future possibilities, is of two kinds — (1) that in which the act of marching is undertaken in common and (2) that; in which it is otherwise. — (163)

 

Medhātithi’s commentary (manubhāṣya):

(verses 7.162-163)

(1) ‘That in which the act of marching is undertaken in common’, — in which the agreement entered into is in the following form: — ‘Let us march at the goal conjointly, having equal shares in it, and I shall not be passed over by you; whatever we gain shall belong to both of us’: — (2) Or that ‘You march one way, I go the other’; where the action is not joint, it is ‘otherwise’ — (162-163)

 

Explanatory notes by Ganganath Jha:

(verse 7.162)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 325), which adds the following notes: — ‘Sandhi,’ ‘alliance’, is of two kinds — (1) the compact that ‘both of us should march against a common enemy’, and (2) the compact that ‘you march this way, I march the other way’; — ‘War’ also is of two kinds — (1) declared by one’s self against an enemy, and (2) undertaken for helping an ally attacked by an enemy; — ‘Marching’ also is of two kinds — (1) singly, and (2) conjointly with an ally; ‘Halting’ also is of two kinds — (1) done on account of weakness and (2) done for the purpose of waiting to help an ally; — ‘Division of forces’ is of two kinds — (1) the king remaining with half the force in the fort and the Commander-in-chief going out to meet the enemy and (2) the reverse arrangement; — ‘Seeking protection’ also is of two kinds — (1) done for the rescuing of what has been lost and (2) done for awaiting future aggression.

(verse 7.163)

Nārāyaṇa and Nandana take the term ‘tadā tvāyatisaṃyuktaḥ’ as referring to two different cases, — ‘yielding either (a) immediate, or (b) future advantages.’

This verse is quoted in Vīramitrodaya (Rājanīti, p. 325) to the effect that the two kinds of ‘alliance’ spoken of above (see preceding note) are each again of two kinds, as leading to (a) immediate advantage or (b) future advantage.

 

Comparative notes by various authors:

(verse 7.162)

Kāmandaka (4.68, 74). — ‘The King should form alliance with a person, illustrious, well-spoken, benevolent, learned, even-minded, having numerous partisans and expected to remain constant in faithfulness at all times. Friends are of four kinds — derived from birth, relationship, ancestral obligations and protection from danger.’

(verse 7.163)

Kāmandaka (9.5, etc.). — ‘Peace concluded between two parties of equal resources is called Kapāla-sandhi. The peace concluded through the offer of presents is called Upahāra. Santāna-sandhi is that concluded by the king by giving his daughter in marriage to his royal adversary. That peace is called Saṅgata-sandhi which is founded on friendship; this is also called Kāñcana. Peace that is concluded with a view to putting a stop to all outstanding controversies has been named

Upanyāsa. “If I do him good, he will do the same to me.” — Peace concluded under this consideration is called Pratīkāra-sandhi. When two parties join one another for the accomplishing of common interests and, if they enjoy mutual confidence, — this peace is called Samyoga, etc.

 

 

VERSE 7.164

Section XII - Daily Routine of Work

 

स्वयङ्कृतश्च कार्यार्थमकाले काल एव वा ।
मित्रस्य चैवापकृते द्विविधो विग्रहः स्मृतः ॥१६४॥

svayaṅkṛtaśca kāryārthamakāle kāla eva vā |
mitrasya caivāpakṛte dvividho vigrahaḥ smṛtaḥ ||164||

 

War has been declared to be of two kinds: — (1) that which is waged, in season or out of season, by oneself, for his own purpose, and (2) that which is waged on some wrong done to an ally. — (164)

 

Medhātithi’s commentary (manubhāṣya):

The ‘season’ for the king himself declaring war is that time when he is full of confidence in his own strength and is imbued with courage for reducing his enemy, when his subjects are united and prosperous, fully endowed with the rewards of agriculture and other kinds of business, and ready to deprive the enemy of all this business, — and when the enemy’s subjects are in reduced circumstances and covetous, and as such easily capable of being alienated from him and won over to the other side, — this is the ‘season’ for war to be waged by the king himself. And it is ‘out of season’ when conditions are the reverse of this.

Further, war is also waged, by reason of some wrong inflicted on one’s ally. If the enemy has done some injury to his ally, then, taking this into consideration, the king shall wage war, even though it be out of season. Though he himself may be an ally of the injured king only in the sense that he is the neighbour of the king who has inflicted the wrong (and from whom he himself might expert an attack), yet, with the help of the ally (whose injury he is going to avenge) he would be able to check that enemy. It is true that the enemy’s neighbour is his ally; but the enemy’s enemy has his realm further removed.

Another reading is ‘mitreṇa caivāpdkṛte’; which means that if the king happens to be attacked by his ally, he may wage this war even out of season.

The two kinds of war thus are — (l) that waged for one’s own sake, and (2) that waged for the sake of the ally; or one kind of war is that which is prompted by one’s own prosperity, and another kind is that which is waged when one has been wronged by his ally and is on that account, in trouble. — (164)

 

Explanatory notes by Ganganath Jha:

‘Akāle’ — This is taken by Medhātithi with the second clause and by Govindarāja with the first.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 325) to the effect that ‘war’ is of two kinds — (1) That undertaken for some special purpose of one’s own — this being done either in the proper season, such as during the months of November or December, or even out of season; and (2) that undertaken for helping an ally who has been attacked by an enemy.

 

Comparative notes by various authors:

Kāmandaka (10.16-19). — ‘Hostilities are of five kinds — (1) produced by rivalry, (2) caused by dispute about lands, (3) caused by women, (4) caused by irresponsible spies, (5) caused by some transgression on the part of one party... Men recognise only two kinds: Hereditary and that caused by some transgression.’

 

 

VERSE 7.165

Section XII - Daily Routine of Work

 

एकाकिनश्चात्ययिके कार्ये प्राप्ते यदृच्छया ।
संहतस्य च मित्रेण द्विविधं यानमुच्यते ॥१६५॥

ekākinaścātyayike kārye prāpte yadṛcchayā |
saṃhatasya ca mitreṇa dvividhaṃ yānamucyate ||165||

 

Marching is said to be of two kinds — (1) that undertaken by the king by himself alone, on the sudden approach of an emergent occasion, and (2) that undertaken by him accompanied by his ally. — (165)

 

Medhātithi’s commentary (manubhāṣya):

The two-foldness of Marching is based upon its being undertaken by the king alone by himself or accompanied by his ally. The king can march alone by himself only when he has the requisite strength; otherwise he can march only when accompanied by his ally.

 

‘Emergent occasion’; e.g., when some trouble befalls the enemy, he becomes the fittest object of attack at that same moment; otherwise, if time is allowed to lapse, he would recover his strength and thus become difficult to destroy. — (165)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 326), as setting forth the two kinds of ‘marching’ — (a) alone or (b) accompanied by the ally.

 

 

VERSE 7.166

Section XII - Daily Routine of Work

 

क्षीणस्य चैव क्रमशो दैवात् पूर्वकृतेन वा ।
मित्रस्य चानुरोधेन द्विविधं स्मृतमासनम् ॥१६६॥

kṣīṇasya caiva kramaśo daivāt pūrvakṛtena vā |
mitrasya cānurodhena dvividhaṃ smṛtamāsanam ||166||

 

Halting has been declared to be of two kinds: — (1) that which is necessary for one who has become gradually weakened, either by chance or through previous acts, and (2) that which is necessitated by considerations for his ally. — (166)

 

Medhātithi’s commentary (manubhāṣya):

‘Halting’ means the withdrawing of oneself. This also is of two kinds — (1) When the king is “weakened’ — in force and in money, — even though he be prosperous, he has to ignore bis enemy; and another kind of Halting is that which is done in consideration of the ally. If the relations of his ally, who is weak, with the enemy is not such as to make it safe for his ally to rise against that enemy, — then, in consideration of the delicate position of his ally, the king should ‘halt’.

The said ‘weakness’ arises from two causes: — it may be due to ‘chance’ or to ‘former acts’. This only describes the actual state of things. The strength and weakness of all kings are due to these two causes. ‘Chance’ here stands for the man9s want of care, e.g., extravagance, inalertness regarding the army and so forth; and ‘former acts’ means the demerit caused by evil deeds in the past. Or the explanation of the two terms may be reversed (‘former acts’ standing for carelessness, and ‘chance’ for past misdeeds).

‘Mohāt’ (‘through folly’) is another reading (for ‘daivāt’, ‘by chance’); but what is meant is expressed by the term ‘daiva’, — (166)

 

Explanatory notes by Ganganath Jha:

‘Daivāt pūrvakṛtena’ — ‘In consequence of imprudence during present life, — and in consequence of acts committed during previous existences’ (Medhātithi, Govindarāja and Kullūka); — ‘by an enemy made formerly’ (Nārāyaṇa).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 326).

 

 

VERSE 7.167

Section XII - Daily Routine of Work

 

बलस्य स्वामिनश्चैव स्थितिः कार्यार्थसिद्धये ।
द्विविधं कीर्त्यते द्वैधं षाड्गुण्यगुणवेदिभिः ॥१६७॥

balasya svāminaścaiva sthitiḥ kāryārthasiddhaye |
dvividhaṃ kīrtyate dvaidhaṃ ṣāḍguṇyaguṇavedibhiḥ ||167||

 

When, for the accomplishment of some purpose, the Master takes up one position and the Force another, — this is what is described as ‘Bifurcation’ by those conversant with the details of the six measures of policy. — (167)

 

Medhātithi’s commentary (manubhāṣya):

When different positions are taken up by the Master and his Army, — the Master, with a small force, remains in the fort, while the Commander, with a larger force proceeds elsewhere. Or, some sort of ‘bifurcation’ is resorted to by way of favouring the different divisions, in the way of allowing all the divisions opportunities for securing booties of gold and other things.

Objection. — “The measure here described is Bifurcation; and of this there cun be only one form — different positions being taken up by the Master and his Forces. There is no reason why any other kind of division should be mentioned; the only bifurcation that need be mentioned is that consisting in different positions being taken up by the Master and his Forces.”

The answer to this is that it is by implication that we get at the other two kinds of ‘bifurcation’ — (1) one being that which is done for one’s own sake and (2) that done for the sake of others. — (167)

 

Explanatory notes by Ganganath Jha:

“The text really mentions only one method of ‘Division.’ Hence Medhātithi thinks that, in order to obtain the two kinds required, it must be understood that the measure may be resorted to either for one’s sake or for the sake of somebody else. — Nārāyaṇa makes the two methods out by supposing that in the one case the army stops in front of the enemy under the command of a general, while the king marches with a portion of his forces, and that in the other case the contrary takes place. — Govindarāja quotes Kāmandaki, 11.24, where a different meaning, ‘duplicity’ is attributed to the term ‘dvaidhībhāva.” — Buhler.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 326) which explains ‘sthitiḥ’ as ‘dvidhābhūya sthitiḥ’ ‘taking up a position with forces divided,’ and adopts the explanation attributed (in the above note) to Nārāyaṇa; — and in Rājanītiratnākara (p. 24b).

 

Comparative notes by various authors:

Kāmandaka (11.27). — ‘Dvaidhībhāva is of two kinds: (1) Svatantra, when the man himself has recourse to duplicity and (2) Paratantra, in which a person receives remuneration from contending parties.’

 

 

VERSE 7.168

Section XII - Daily Routine of Work

 

अर्थसम्पादनार्थं च पीड्यमानस्य शत्रुभिः ।
साधुषु व्यपदेशश्च द्विविधः संश्रयः स्मृतः ॥१६८॥

arthasampādanārthaṃ ca pīḍyamānasya śatrubhiḥ |
sādhuṣu vyapadeśaśca dvividhaḥ saṃśrayaḥ smṛtaḥ ||168||

 

‘Seeking shelter’, with noble people, has been declared to be of two kinds: — (1) that which is done for the sake of accomplishing a useful purpose, when harassed by enemies, and (2) that in the form of a status. — (168)

 

Medhātithi’s commentary (manubhāṣya):

When a king is harassed by bis enemies, he seeks shelter, for the purpose of accomplishing some useful purpose.

The ‘purpose’ to be served is the ceasing of the harassment; and for the attaining of this purpose one should seek shelter with a powerful supporter; e.g. giving up his own territory he should go over to the realms of that supporter.

‘Status’. — Even though not actually harassed, he shall seek shelter with another king for the purpose of acquiring a status; that would save him from future harassment. The advantage that is secured is that he acquires a status in the eyes of men who realise that ‘he has got such and such a king for his protector, and hence cannot be harassed by others’. The ‘seeking shelter’ for the purpose of acquiring status has been called ‘status’, by regarding the two as co-ordinate.

‘Vyapadeśārtham’ is another reading, (‘for the purpose of acquiring status’).

In answer to the question — With whom should he seek shelter? — the text has added — ‘with noble people’. Shelter should be sought with one of those kings that are noble, at whose hands no ill-treatment could be feared. The term ‘noble’ connotes such qualities as capacity to protect others from harassment, and so forth. — (168)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 326), as describing the two kinds of ‘Refuge’ — (a) that taken for the purpose of regaining of what has been lost to. the enemy, and (b) that taken for the averting of future trouble.

 

Comparative notes by various authors:

Kāmandaka (9.55). — ‘When assaulted by a powerful adversary, a sovereign should seek shelter inside his forts, whence ho should make vigorous efforts, and, for his own liberation, invoke the assistance of another king more powerful than his assailant.’

 

 

VERSE 7.169

Section XII - Daily Routine of Work

 

यदाऽवगच्छेदायत्यामाधिक्यं ध्रुवमात्मनः ।
तदात्वे चाल्पिकां पीडां तदा सन्धिं समाश्रयेत् ॥१६९॥

yadā'vagacchedāyatyāmādhikyaṃ dhruvamātmanaḥ |
tadātve cālpikāṃ pīḍāṃ tadā sandhiṃ samāśrayet ||169||

 

When he knows that his superiority is certain in the future, and at the time there is but little harm done — then he should resort to peace. — (169)

 

Medhātithi’s commentary (manubhāṣya):

‘Future’ is time to come.

When he knows that ‘this king is equal to me in strength — or I may be weaker now, but in time, by creating disunion among his people, or by entering into powerful alliances, I shall be able to defeat him’, — then he should make peace.

‘Superiority’ means possession of superior force.

‘Certain’ — sure.

‘At the time’ — this phrase denotes the present time. — (169)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 326), which adds the following notes: — ‘āyatyam,’ ‘in the future,’ — ‘ādhikyam,’ ‘superiority of force,’ — ‘tadātve,’ ‘at the time.’

 

 

VERSE 7.170

Section XII - Daily Routine of Work

 

यदा प्रहृष्टा मन्येत सर्वास्तु प्रकृतीर्भृशम् ।
अत्युच्छ्रितं तथात्मानं तदा कुर्वीत विग्रहम् ॥१७०॥

yadā prahṛṣṭā manyeta sarvāstu prakṛtīrbhṛśam |
atyucchritaṃ tathātmānaṃ tadā kurvīta vigraham ||170||

 

But when he thinks all his people to be highly contented, and himself to be exceedingly prosperous, — then he shall make war. — (170)

 

Medhātithi’s commentary (manubhāṣya):

‘Contented’ — full of ambition and affection for the king, highly satisfied with gifts and honours; — when he finds his own ‘people’ — ministers and others — to be so; — and ‘himself to be exceedingly prosperous’ — rich in treasure, in elephants and horses, and other things; — then, at such a time, he shall break the treaty under some pretext and have recourse to war. — (170)

 

Explanatory notes by Ganganath Jha:

Cf. Kāmandaka, 8.4.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 327).

 

Comparative notes by various authors:

Kāmandaka (9.33). — ‘The king whose Prakṛtis are disaffected is deserted by them at the prospect of war; and he who is excessively addicted to sensual pleasures becomes so weak as to be easily crushed.’

Kāmandaka (15.3). — ‘When a king feels sure of his ability to forcibly slay his foe, even though swelling with power, — then alone should he start on a military expedition, inflicting injuries on the latter.’

Do. (15.19). — ‘Of internal and external defects, the internal is the graver. Amending the internal defects and providing necessary measures for the removal of the external ones, the king shall set out on the expedition.’

 

 

VERSE 7.171

Section XII - Daily Routine of Work

 

यदा मन्येत भावेन हृष्टं पुष्टं बलं स्वकम् ।
परस्य विपरीतं च तदा यायाद् रिपुं प्रति ॥१७१॥

yadā manyeta bhāvena hṛṣṭaṃ puṣṭaṃ balaṃ svakam |
parasya viparītaṃ ca tadā yāyād ripuṃ prati ||171||

 

When he thinks that his own army is happy and strong in condition, and that of the enemy is the reverse, then shall he march against the enemy — (171)

 

Medhātithi’s commentary (manubhāṣya):

‘Condition’ — is the cause of happiness and strength; e.g. having received much wealth, the harvest having been good, and so forth are the causes that are conducive to happiness and strength. ‘Army’ — consisting of elephants, horses and foot-soldiers.

‘And that of the enemy is the reverse’, — ‘then shall he march against the enemy’ — i.e., attack him. The causes that prompt actual marching against the enemy are not the same that lead the king to make war; in fact, these latter, as also the loss of happiness and strength of the enemy’s people, are the causes that should prompt actual marching. — (171)

 

Explanatory notes by Ganganath Jha:

Cf. Kāmandaka, 10.26.

This verse is quoted in Vīramitrodaya, (Rājanīti, p. 327).

 

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 327). — ‘When a king finds himself stronger than another, he shall declare war on him. He shall undertake the march when he finds that it would bring him much gain.’

Yājñavalkya (1.347). — ‘The king shall march against another kingdom when it is full of crops, and the king thereof is weak, while the attacking king himself has his men and conveyances fit.’

 

 

VERSE 7.172

Section XII - Daily Routine of Work

 

यदा तु स्यात् परिक्षीणो वाहनेन बलेन च ।
तदासीत प्रयत्नेन शनकैः सान्त्वयन्नरीन् ॥१७२॥

yadā tu syāt parikṣīṇo vāhanena balena ca |
tadāsīta prayatnena śanakaiḥ sāntvayannarīn ||172||

 

But when he happens to be weak in conveyances and soldiers, then he shall sit quiet, gradually conciliating his enemies with special care. — (172)

 

Medhātithi’s commentary (manubhāṣya):

‘Conveyances’ — elephants and horses; — ‘Soldiers’ — foot-soldiers. The distinction between the two being analogous to the ‘go’ and the ‘balīvarda.’

When his soldiers are weuk, he shall sit quiet, conciliating his enemies. ‘Conciliating’ consists in making them pleased with peaceful overtures and gifts. — (172)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Viramitrodaya (Rājanīti, p. 327).

 

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 327). — ‘When ho finds that the other party is capable of upsetting his plans, he should halt.’

 

 

VERSE 7.173

Section XII - Daily Routine of Work

 

मन्येतारिं यदा राजा सर्वथा बलवत्तरम् ।
तदा द्विधा बलं कृत्वा साधयेत् कार्यमात्मनः ॥१७३॥

manyetāriṃ yadā rājā sarvathā balavattaram |
tadā dvidhā balaṃ kṛtvā sādhayet kāryamātmanaḥ ||173||

 

When the king thinks his enemy to be stronger in every respect, then he should bifurcate his force and thus accomplish his own purpose. — (173)

 

Medhātithi’s commentary (manubhāṣya):

When a man has been attacked by a strong enemy, recouping is impossible; what is beneficial is resorting to a fortress; and this means garrisoning, which involves ‘bifurcation’; this has been already explained above. As a matter of fact, it is found that, under ordinary circumstances, it is only the more powerful king who divides his forces, when under difficulties. — (173)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 327).

 

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 327). — ‘The powerful king shall have recourse to the division of his army, when he finds that his rear-guard is not reliable.’

 

 

VERSE 7.174

Section XII - Daily Routine of Work

 

यदा परबलानां तु गमनीयतमो भवेत् ।
तदा तु संश्रयेत् क्षिप्रं धार्मिकं बलिनं नृपम् ॥१७४॥

yadā parabalānāṃ tu gamanīyatamo bhavet |
tadā tu saṃśrayet kṣipraṃ dhārmikaṃ balinaṃ nṛpam ||174||

 

When he happens to be very much open to attack by the enemy’s forces, then he shall seek shelter with a r ighte ous and powerful King. — (174)

 

Medhātithi’s commentary (manubhāṣya):

‘Very much open to attack’; — when he finds that while in the fortress, he is very liable to be assailed, — then quickly he shall give up the fortress and take refuge with another ‘righteous king’, at whose hands he does not fear ill-treatment, who is famed for his calm and dispassionate nature.

What is meant by the epithet ‘powerful’ is shown in the next verse. — (174)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328).

 

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 328). — ‘When the king is attacked by a stronger enemy who refuses to make peace, he shall have recourse to seeking shelter, which is the lowest of the methods. When he finds himself devoid of all power, he should seek shelter.’

 

 

VERSE 7.175

Section XII - Daily Routine of Work

 

निग्रहं प्रकृतीनां च कुर्याद् योऽरिबलस्य च ।
उपसेवेत तं नित्यं सर्वयत्नैर्गुरुं यथा ॥१७५॥

nigrahaṃ prakṛtīnāṃ ca kuryād yo'ribalasya ca |
upaseveta taṃ nityaṃ sarvayatnairguruṃ yathā ||175||

 

That king who does the chastisement of his people as also of his enemy’s army, — him he shall ever serve with every effort, like a preceptor. — (175)

 

Medhātithi’s commentary (manubhāṣya):

It has been said that the other king should be ‘powerful’; the question arising as to what amount of strength would mark him out as ‘powerful’, — the present verse supplies the answer.

With that king alone he shall seek shelter who is capable of chastising the enemy’s forces, as also the disloyal subjects of the king seeking his shelter.

And such a king shall he served like a preceptor; and in so doing the king shall not consider his dignity at all; he should have no such notion as ‘he also is a great king, so I shall treat him as my equal’; in fact he shall be attended upon, like a master.

‘With every effort’ — by all such means as saying agreeable things, attending on him, and so forth. — (175)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328)

 

 

VERSE 7.176

Section XII - Daily Routine of Work

 

यदि तत्रापि सम्पश्येद् दोषं संश्रयकारितम् ।
सुयुद्धमेव तत्रापि निर्विशङ्कः समाचरेत् ॥१७६॥

yadi tatrāpi sampaśyed doṣaṃ saṃśrayakāritam |
suyuddhameva tatrāpi nirviśaṅkaḥ samācaret ||176||

 

If even there he should perceive something wrong on the part of his shelterer, then, even in that condition he shall, without hesitation, resort to war. — (176)

 

Medhātithi’s commentary (manubhāṣya):

If even in that seeking of refuge he should ‘perceive’ — feel — ‘something wrong on the part of his shelterer’; &c. &c. The signs indicating such ‘wrong’ are the following: —

‘Repentance after having given the shelter, Kṛtapurvahomam (?), showing disrespect, describing misdeeds, inattention, disagreeable speech, — these are the acts of the unfavourable man,

Thus when the shelterer is found to be unfavourably inclined, — although the shelterer be, in reality, free from anything actually wrong, — this is what is implied by the term ‘api’, ‘even — at such a time he shall, without any hesitation, have recourse to war. Nor is it necessary that the man should suffer destruction after having been reduced to a condition necessitating his taking shelter; because even a stronger man is sometimes found to be defeated by the weaker. In any case, the final result is bound to be favourable: if he wins, he regains his kingdom, if he is defeated, he is sure to attain heaven. We are going to show later on the excellence of war.

From among the six ‘measures of policy’ the king may resort to one or the other, and regulate his marches according to his capacity. — (176)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328); — and in Nītimayūkha (p. 58).

 

 

VERSE 7.177

Section XII - Daily Routine of Work

 

सर्वोपायैस्तथा कुर्यान्नीतिज्ञः पृथिवीपतिः ।
यथाऽस्याभ्यधिका न स्युर्मित्रोदासीनशत्रवः ॥१७७॥

sarvopāyaistathā kuryānnītijñaḥ pṛthivīpatiḥ |
yathā'syābhyadhikā na syurmitrodāsīnaśatravaḥ ||177||

 

By means of all the expedients, the politic king shall act in such a manner that his allies, neutrals and enemies do not become superior to himself. — (177)

 

Medhātithi’s commentary (manubhāṣya):

The mention of ‘expedients’ in general implies that use may be made of these either severally or collectively; and the epithet ‘all’ indicates that he may resort to whatever expedient he can; even such, for instance, us the formation of cliques and the like.

‘Act in such a manner’ — try to manage his affairs in such a way.

‘Politic’ — well versed in the science of government, naturally possessed of keen intelligence, as also conversant with the art of politics.

‘Superior’ — in the three elements of strength; — so that his allies and others may not be so, he shall act in all things, — in the undertakings of his people — in such a way as to make himself greater than all of them.

In view of metrical exigencies the author has omitted to mention the ‘intermediary’. But he also is to be watched, and not ignored, because friendly. There is no such thing as a ‘friend’, without some motive of his own; in fact when a friend becomes great, he also, for some purpose of his own, becomes an enemy; as says Vyāsa — ‘No one is anybody’s friend, nor is any body any body’s enemy; friends and enemies are to be regarded as such only in accordance with the powers that they possess.’

By means of these expedients, the king shall deliberate upon his. whole circle. — (177)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328); — ‘and in Nītimayūkha (p. 58).

 

 

VERSE 7.178

Section XII - Daily Routine of Work

 

आयतिं सर्वकार्याणां तदात्वं च विचारयेत् ।
अतीतानां च सर्वेषां गुणदोषौ च तत्त्वतः ॥१७८॥

āyatiṃ sarvakāryāṇāṃ tadātvaṃ ca vicārayet |
atītānāṃ ca sarveṣāṃ guṇadoṣau ca tattvataḥ ||178||

 

He shall fully think over the future and the present condition of all undertakings, as also the good and bad points of all past ones. — (178)

 

Medhātithi’s commentary (manubhāṣya):

‘Undertakings’ — Business affairs. When any work is going to be undertaken, he shall consider its ‘future’ — i.e., its developments to come, — and also its ‘present condition’, — i.e., its condition at the beginning, — ‘fully’ — in all its real details. As a matter of fact, undertakings have several offshoots, and undergo transformation in a moment; so that if both ends (future and present) of an undertaking are not dearly grasped, it is difficult to ascertain in what manner it shall be proceeded with; hence the necessity of consi d eration, which the present text enjoins.

‘Also the good and bad points of all past ones’ — shall then be pondered over. Here also having thought over the good and bad points of past actions, one has to make up his mind to undertake first those which are found to have only good points; and brain lies the use of thinking over the good and bed points of past acts, — which are enjoined in the present text — (178)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328).

 

 

VERSE 7.179

Section XII - Daily Routine of Work

 

आयत्यां गुणदोषज्ञस्तदात्वे क्षिप्रनिश्चयः ।
अतीते कार्यशेषज्ञः शत्रुभिर्नाभिभूयते ॥१७९॥

āyatyāṃ guṇadoṣajñastadātve kṣipraniścayaḥ |
atīte kāryaśeṣajñaḥ śatrubhirnābhibhūyate ||179||

 

He, who is alive to the good and bad points in re gard to the future, is quick in his decisions relating to the present, and understands the consequences of his acts in the past, is never overpowered by his enemies. — (179)

 

Medhātithi’s commentary (manubhāṣya):

Thus if a king knows the good and bad points of an act, likely to appear in the future, he would act with deliberation; and would undertake only such acts as are likely to develop good points, and avoid those likely to lead to evil. It is for this reason that the knowledge of the likely developments of an undertaking is necessary.

‘Relating to the present’; — he who takes quick decisions, and does not delay their execution, is said to be ‘quick in his decisions’; such a person is quick to act, and does what leads to good, and not what leads to evil:

‘In the past’; — when an act has been done, if the man judges the act by ite end only, he becomes great by reason of his undertaking only such acts as lead to good; — and he is ‘never overpowered by his enemies’.

As a matter of fact, it is not possible for the Six measures of Policy to be dealt with in detail in a work dealing with Dharma; hence the subject has been treated of only briefly. — (179)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328).

 

 

VERSE 7.180

Section XII - Daily Routine of Work

 

यथैनं नाभिसन्दध्युर्मित्रोदासीनशत्रवः ।
तथा सर्वं संविदध्यादेष सामासिको नयः ॥१८०॥

yathainaṃ nābhisandadhyurmitrodāsīnaśatravaḥ |
tathā sarvaṃ saṃvidadhyādeṣa sāmāsiko nayaḥ ||180||

 

He shall arrange everything in such a manner that his allies or neutrals or enemies may not get the better of him; this is the sum-total of state-policy. — (180)

 

Medhātithi’s commentary (manubhāṣya):

He should set in such a manner that others may not get the better of him by means of the several expedients. This is the sum-total of state-policy. This is a summing up.

In the manner shown above there is no inconsistency in the employment of the ‘Six Measures’. It has to be borne in mind that if a king succeeds (1) in keeping his plans secret, (2) in adopting remedial measures at the advent of troubles, (3) in keeping his own circle contented, and (4) in duly employing the measures and expedients, — then he attains success in his affairs. — (181)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328).

 

 

VERSE 7.181 [War]

Section XIII - War

 

तदा तु यानमातिष्ठेदरिराष्ट्रं प्रति प्रभुः ।
तदानेन विधानेन यायादरिपुरं शनैः ॥१८१॥

tadā tu yānamātiṣṭhedarirāṣṭraṃ prati prabhuḥ |
tadānena vidhānena yāyādaripuraṃ śanaiḥ ||181||

 

When the king undertakes an expedition against the enemy’s kingdom, he shall advance slowly towards the enemy’s capital, in the following manner. — (181)

 

Medhātithi’s commentary (manubhāṣya):

The text now describes what is to be done by one who is going to undertake an expedition.

When he wishes to undertake an expedition against the enemy’s kingdom, then he should advance, in the following manner against his capital, without hurry.

This verse serves as an introduction to what is going to be described, and serves the purpose of making it more easily intelligible. — (181)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 400); — in Vīramitrodaya (Rājanīti,. p. 330); — and in Nṛsiṃhaprasāda (Saṃskāra, p. 72b).

 

 

VERSE 7.182

Section XIII - War

 

मार्गशीर्षे शुभे मासि यायाद् यात्रां महीपतिः ।
फाल्गुनं वाथ चैत्रं वा मासौ प्रति यथाबलम् ॥१८२॥

mārgaśīrṣe śubhe māsi yāyād yātrāṃ mahīpatiḥ |
phālgunaṃ vātha caitraṃ vā māsau prati yathābalam ||182||

 

The king shall start on his expedition in the auspicious month of Mārgaśīrṣa, or towards the months of Phalguna and Caitra, according to the condition of his forces. — (182)

 

Medhātithi’s commentary (manubhāṣya):

When he is going to undertake an expedition involving a campaign that might be a long one, in consideration of his own forces and also in that of the king against whom he is marching, — he shall march against the hostile kingdom in the month of Mārgaśīrṣa, when his forces are fully equipped and when his stores are fully replenished with the autumn-harvest. Starting about this time, he can easily carry with him the autumn-fruits garnered in the house and is cheered by the prospects of the spring-harvest. The time is quite fit for the work of laying siege to fortresses and to forth; and the path also is not beset with deviations and diversion due to the overgrowth of grasses or the over-flowing of risers; and the season is neither too hot nor too cold. At any other time of the year food-grains, even though sufficient, cannot be of sufficiently diverse quality, the season of the three harvests being far off; so that the enemy would be likely to take shelter under a powerful king, which would lead to the unnecessary expenditure of the stock of food-grains of both parties, and the attacking king’s own forces also would become weakened.

If however the king is desirous only of inflicting some injury on the enemy’s territory, or when the expedition is expected to take a short time, and his force is sufficiently strong, then he may start also during the months of Phālguṇa and Caitra, specially against a country which is rich in spring-harvests. At this time of the year also, he can obtain fodder and at the same time inflict an injury upon the other party, by destroying the crops standing in the fields.

‘According to the condition of his forces’; — he should regulate his marches according to the strength of his army. — (182)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 400); — in Vīramitrodaya (Rājanīti, p. 330); — in Smṛtitattva (p. 713); and again on p. 742, to the effect that if the king’s business is urgent, he may proceed on an expedition at any time; — in Nṛsiṃhaprasāda (Saṃskāra, p. 72b): — and in Rājanītiratnākara (p. 26a).

 

Comparative notes by various authors:

(verses 7.182-183)

Viṣṇu (3.40). — ‘He shall set out on an expedition in the month of Caitra or Mārgaśīrṣa.’

Yājñavalkya (1.347). — ‘He shall go out on an expedition at a time when the kingdom of the enemy happens to be full of crops.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 331). — ‘The king shall go out on an expedition during the month of Caitra or Mārgaśīrṣa.’

Yama (Parāśaramādhava, p. 399). — ‘The marching of the army has been recommended during Caitra or Mārgaśīrṣa; as at that time the corns are ripe and there is plenty of water, the weather also is neither too cold nor too hot. Hence the march should he undertaken at that time; or at any time when the enemy is found to he in difficulties.’

Kāmandaka (15.35). — ‘The best season for the marching out of elephants is when the sky is overspread with masses of rain-clouds; seasons other than this are suitable for the marching of horses: and the proper season for a military expedition is that which is neither too hot nor too cold, nor rainy nor dry, and when the earth is covered with corn.’

 

 

VERSE 7.183

Section XIII - War

 

अन्येष्वपि तु कालेषु यदा पश्येद् ध्रुवं जयम् ।
तदा यायाद् विगृह्यैव व्यसने चोत्थिते रिपोः ॥१८३॥

anyeṣvapi tu kāleṣu yadā paśyed dhruvaṃ jayam |
tadā yāyād vigṛhyaiva vyasane cotthite ripoḥ ||183||

 

At other times also, if he perceives certain victory, then he shall pick up a quarrel and march forward; also when some trouble has arisen for the enemy. — (183)

 

Medhātithi’s commentary (manubhāṣya):

Even apart from the seasons mentioned in the preceding verse, ‘at other times’ — during the rains and other seasons also, — if he thinks that his victory is ‘certain’ — sure to come — then ‘he shall march forward’ — if he has a strong force, during the rains, — has his elephants and horses in full strength, then, by virtue of the strength of his forces, his victory is certain.

‘Trouble’ for the enemy, in connection with his army and treasury &c.; when such trouble has arisen, then he may march against him, even irrespectively of the condition of his own forces; since the army, suffering from its own internal troubles, becomes easily reducible; in fact he perishes, even like a log of wood which perishes by the mere touch of.........(?).

‘He shall pick up a quarrel’; — he must march forward; after having attacked and challenged the enemy he shall advance, when he knows the other party is in great trouble. — (183)

 

Explanatory notes by Ganganath Jha:

Cf. Kāmandaka, 11.3.

This verse is quoted in Parāśaramādhava (Ācāra, p. 401); — in Vīramitrodaya (Rājanīti, p. 330), to the effect that the ‘enemy’s difficulty’ being itself laid down as affording the best opportunity for marching against him, there is no room for any other consideration; — and in Smṛtitattva (p. 742) to the same effect.

 

Comparative notes by various authors:

(verses 7.182-183)

See Comparative notes for Verse 7.182.

 

 

VERSE 7.184-185

Section XIII - War

 

कृत्वा विधानं मूले तु यात्रिकं च यथाविधि ।
उपगृह्यास्पदं चैव चारान् सम्यग् विधाय च ॥१८४॥

संशोध्य त्रिविधं मार्गं षड्विधं च बलं स्वकम् ।
साम्परायिककल्पेन यायादरिपुरं प्रति ॥१८५॥

kṛtvā vidhānaṃ mūle tu yātrikaṃ ca yathāvidhi |
upagṛhyāspadaṃ caiva cārān samyag vidhāya ca ||184||

saṃśodhya trividhaṃ mārgaṃ ṣaḍvidhaṃ ca balaṃ svakam |
sāmparāyikakalpena yāyādaripuraṃ prati ||185||

 

Having duly made arrangements at the base, as also those pertaining to the expedition, having secured a basis, and having duly deputed his spies, — having cleared the three kinds of roads, and having equipped his own six-fold force, — he shall advance against the enemy’s capital in the manner prescribed for warfare. — (184-185)

 

Medhātithi’s commentary (manubhāṣya):

(verses 7.184-185)

‘At the base’ — in his own kingdom and in his own fort — he shall establish a rear-guard by way of ‘arrangement’ i.e., as a precautionary measure; that is, he shall supply the fort with a large supply of food-grains &c. and with fitted up machines and defences and ditches &c. The kingdom also he shall leave protected by companies of soldiers. Having made the Commander thoroughly contented by means of honours and presents, he shall appoint him in charge of outposts in his rear along the boundaries of his territory; and a fully-equipped army shall be left under him, within his own territories.

‘Those pertaining to the expedition’ — i.e., the preparations for the expedition, consisting in providing weapons of offence and defence for the elephant — corps, the cavalry and other branches of the army.

‘Duly’ — i.e. according to the instructions contained in works dealing with the art of war.

‘Basis’ — f oot-hold; from where the temper of the people other than his enemies might be duly watched; — having ‘secured’ — made his own — such a ground.

For the purpose of learning the condition of things in the enemy’s kingdom, having ‘deputed’ — appointed — spies; for the purpose of finding out whether the enemy has began to get together his forces, or to rouse his opponent’s circle to rebellion, or to take shelter with a neutral or indifferent king; and he should also seek to ascertain whether the enemy is going to check his very first advance directly, or to cut off his communications, and all other allied matters. — (184)

‘Three kinds of roads’ — i.e., those passing (1) through the open country, (2) through marshy ground, and (3) through forests. Some people read ‘vana’ is place of ‘āṭavika’, and thus make up the ‘three’. Others again describe the ‘three kinds of roads’ as (1) high, (2) low and (3) level.

‘Having cleared’; — cutting off the trees, thickets and creepers obstructing the path, and levelling the undulations of the ground, preparing fords in rivers and ravines, destroying the wild animals besetting the path, winning over the path-finders to his side, and getting together supplies of food and fodder &c.

‘Six-fold force’ — according to some the six factors are — (l) Elephants, (2) horses, (3) chariots and (4) footsoldiers — these four constituting the ‘army’ — and (5) Treasury and (6) Mechanics. Others read ‘fixing of rates’ in place of ‘treasury’. According to others again, the six factors are — (1) the hereditary soldiers of the king, (2) mercenaries, (3) groups, (4) friendly (5) unfriendly and (6) foresters.

‘In the manner prescribed for warfare’; — ‘Sāmparāyikam’ means pertaining to ‘samparaya’ or tear; — i.e., that which has been laid down for the purpose of war; in that manner, — i.e., in the manner prescribed for advancing against a fort, — he shall advance against the enemy.

The disposition of the army shall be in accordance with the nature of the ground; palisades being set of with dry or living pillars, with several openings, and made of sticks, planks and branches of trees and so forth. Special care has to be taken regarding this daring the time that the army is on the march. — (185)

 

Explanatory notes by Ganganath Jha:

(verse 7.184)

‘Upagṛhyāspadam’ — ‘Having won over the disaffected servants of the enemy’ (Govindarāja, Kullūka and Rāghavānanda); — ‘having established a camp in the enemy’s country’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 401); — and in Vīramitrodaya (Rājanīti, p. 396), which adds the following notes — ‘mūle’, ‘at the base, in his own kingdom’ — ‘vidhānam’, ‘measures for defending, such as garrisoning and so forth.’

(verse 7.185)

‘Ṣaḍvidham balam’ — ‘(1) Elephants, (2) horses, (3) chariots, (4) foot-soldiers, (5) army-treasury, (6) labourers; or (1) the maula (2) bhṛtya, (3) śreṇī, (4) mitra, (5) amitra and (6) āṭavika; (Medhātithi); — the latter enumeration is found in Kāmandaka, 16.6, which is adopted by Nandana.

This verse is quoted in Parāśaramādhava (Ācāra, p. 401); — and in Vīramitrodaya (Rājanīti, p. 396), which explains ‘ṣaḍvidham balam’ as consisting of the maula, the bhṛtaka and so forth,’ — and ‘Sāmparāyikakalpena’ as ‘in accordance with the rules of war’.

 

Comparative notes by various authors:

(verse 7.185)

Uśanas (Parāśaramādhava, p. 401). — ‘Mula-bala (Hereditary army), Śreṇī-bala (groups), Mitra-bala (force of allies), Bhṛtaka-bala (mercenaries), Śatru-bala (unfriendly army), and Āṭavika-bala (army of foresters).’

 

 

VERSE 7.186

Section XIII - War

 

शत्रुसेविनि मित्रे च गूढे युक्ततरो भवेत् ।
गतप्रत्यागते चैव स हि कष्टतरो रिपुः ॥१८६॥

śatrusevini mitre ca gūḍhe yuktataro bhavet |
gatapratyāgate caiva sa hi kaṣṭataro ripuḥ ||186||

 

He shall be very much on his guard against an ally who may be secretly serving the enemy, as also against one who has gone away and returned; as he is the more dangerous enemy. — (1 86)

 

Medhātithi’s commentary (manubhāṣya):

‘Who is serving his enemy secretly,’ — hidden; — against such an ‘ally’, as also against ‘one who has gone away and returned’ — ‘he shall be very much on guard; he shall be careful, watchful, in regard to them; i.e. he shall not trust them. Because such a person is ‘the more dangerous enemy’ — worse than one who is openly hostile to him.

The use of the epithets ‘very much on guard’ and ‘more dangerous’ implies that the person who has gone over to the other side and returned again should not be received back.

Such a person is of four kinds: — (1) He who has gone away for some reason, and comes back for some reason contrary to the reason for which he had gone, e.g. he went away on account of some defect in his chief, and comes back on having thought of his good qualities; (2) he who has come back for some reason; from among these the person who comes back for some reason shall be dismissed, as being fickle-minded and careless in his acts, and hence no confidence can be reposed in him; — (3) he who has gone for some reason, and returns also for the same reason; e.g. he goes on account of some bad quality of his chief, and returns also on account of some bad quality in his new chief; such a person shall be received with honour, and if his return is found to be due to his attachment to the former chief, he shall be taken back; (4) on the other hand, if he be found to have been deputed by the enemy of his chief with a view to cause some injury to his former chief, then he shall not be taken back. — (186)

When the king has started on his expedition against a hostile kingdom. —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 397).

 

 

VERSE 7.187

Section XIII - War

 

दण्डव्यूहेन तन् मार्गं यायात् तु शकटेन वा ।
वराहमकराभ्यां वा सूच्या वा गरुडेन वा ॥१८७॥

daṇḍavyūhena tan mārgaṃ yāyāt tu śakaṭena vā |
varāhamakarābhyāṃ vā sūcyā vā garuḍena vā ||187||

 

He shall march on this road arraying his army in the form of a staff, or in that of a cart, or a boar, or an alligator, or a needle or the Garuḍa-bird. — (187)

 

Medhātithi’s commentary (manubhāṣya):

When the army is arranged in the shape of a staff, it is said to be ‘arrayed in the form of a staff’; similarly when in the shape of the cart, it is ‘arrayed in the form of a cart’; and so on with the rest.

(A) In the fore-front, there is the Commander of the entire force, — then the king in the centre, — then the army-commander, — on his two flinks, the elephants, — close to them the horses, — then the footsoldiers; the whole of this army being, like the staff and operating in a straight line.

(B) Operating on both sides is the ‘needle-array’, in which the soldiers operate in a solid mass, the bravest being in the forefront; it constitutes a very much-lengthened line, all operating simultaneously.

(C) The ‘alligator-array’ is broad at the front face and at the two flanks (thighs), and highly recommended; as nowhere in this array is there any weak point; and even when pressed by braver enemies, it leads to the breaking up of the enemy’s forces; and in the end its purpose is entirely and surely accomplished. The rest of the army is to be thrown into the middle of the array.

The above-mentioned dispositions of the army ore to by resorted to in accordance with the end in view; on even ground the advance should be made either in the ‘staff’ or the ‘needle’ or the ‘garuḍa’ array; but on uneven ground, and on ground beset with obstructions, etc. that of the ‘cart’ or the ‘alligator’ or the ‘boar’. — (187)

 

Explanatory notes by Ganganath Jha:

See Kāmandaka, 19, for the various kinds of tactical disposition of the forces.

This verse is quoted in Parāśaramādhava (Ācāra, p. 401); — in Vīramitrodaya (Rājanīti, p. 400), which adds that full descriptions of the several Vyūhas the reader will find in Lakṣaṇaprakāśa; — and in Rājanītiratnākara (p. 26a).

 

Comparative notes by various authors:

Śukranīti (4.7.551 et seq.). — ‘The Krauñca- array is formed according to the nature of the ground and consists in arranging the troops in rows resembling the rows of birds flying in the sky; it is that order in which the neck is thin, the tail medium and the wings thick. The Śyena -array is that in which the wings are large, the neck and tail medium, and the mouth small. The Makara -array is that which has four legs, long and thick mouth and two lips. The Sūcī- array has a thin mouth and a hole at the back and resembles a rod. — The Chakra- array has eight concentric circles facing all directions and one passage. The Sarvatobhadra -array is the order having eight sides in all directions. The Ratha -array has the aspect of a cart, and the Sarpa -array, that of a snake.’

Kāmandaka (18.49). — ‘When there would be danger in the rear, the Chariot-array should be formed; when it would he in the flanks, then the Vajra -array; and in all situations the Sarvatobhadra -array should be formed, which frightens the enemy.’

 

 

VERSE 7.188

Section XIII - War

 

यतश्च भयमाशङ्केत् ततो विस्तारयेद् बलम् ।
पद्मेन चैव व्यूहेन निविशेत सदा स्वयम् ॥१८८॥

yataśca bhayamāśaṅket tato vistārayed balam |
padmena caiva vyūhena niviśeta sadā svayam ||188||

 

From where he apprehends danger there he shall extend his forces; and he himself shall always encamp in the ‘lotus-array’ — (188)

 

Medhātithi’s commentary (manubhāṣya):

On the road there may be certain points where there may be apprehension of molestation from persons inclined to help his-enemy; and at these points, when marching from his preceding encampment, he shall extend his forces to the extent of two miles or a little more; i.e., at these points the army is to consist of dense masses of elephants and chariots and cavalry extended forward and fully equipped with offensive and defensive weapons and supplied with large quantities of food and fodder.

The ‘lotus array’ is that disposition of the army where the master is stationed at the centre and his officers all round him in a circular form. In this array he shall himself always ‘encamp’, — i.e., march forward from a town or a village. — (188)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 402); — and in Vīramitrodaya (Rājanīti, p. 400).

 

 

VERSE 7.189

Section XIII - War

 

सेनापतिबलाध्यक्षौ सर्वदिक्षु निवेशयेत् ।
यतश्च भयमाशङ्केत् प्राचीं तां कल्पयेद् दिशम् ॥१८९॥

senāpatibalādhyakṣau sarvadikṣu niveśayet |
yataśca bhayamāśaṅket prācīṃ tāṃ kalpayed diśam ||189||

 

The Commander-in-Chief and the General he shall station in all directions; the quarter from which he apprehends danger, that he shall regard as the ‘East’ (Front). — (189)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Commander-in-Chief’, the controller of the entire force and its supplies, and the ‘General’ — each of these being one only, and not many, it would be impossible to station them ‘in all directions’; hence the two names should be taken as standing for the subordinates of the two officers; and when their subordinates have been stationed and put in charge of all directions, the two officers themselves become so ‘stationed.’

Thus having stationed them in battle-array, with distinct army-corps — each consisting of elephants and horses — alloted to each of them, and having placed a mountain or a ditch in his rear, kept in charge of a separate officer, — he shall regard that direction as the ‘East’ or ‘front’ from where he apprehends danger. In this manner he shall arrange his camp, prepared to march forward, in the manner ot learned men moving forward. — (189)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 402); — and in Vīramitrodaya (Rājanīti, p. 400).

 

Comparative notes by various authors:

Kāmandaka (15.18). — ‘When a foe must he marched upon, the energetic king should not he afraid of the difficulties that may be at his roar; to the front he should depute the commander-in-chief or the Prince, with a portion of the army.’

 

 

VERSE 7.190

Section XIII - War

 

गुल्मांश्च स्थापयेदाप्तान् कृतसञ्ज्ञान् समन्ततः ।
स्थाने युद्धे च कुशलानभीरूनविकारिणः ॥१९०॥

gulmāṃśca sthāpayedāptān kṛtasañjñān samantataḥ |
sthāne yuddhe ca kuśalānabhīrūnavikāriṇaḥ ||190||

 

On all sides he shall station reliable pickets, with whom signals have been arranged, who are experts in standing firm as also in charging, fearless and loyal. — (190)

 

Medhātithi’s commentary (manubhāṣya):

‘Pickets’ — troops of men; some of them supplied with conches and drums, while others are not so supplied. These shall be stationed at those points where if any mishap were to occur, it would lead to grave peril.

The qualifications of these men are now stated —

(a) ‘Reliable’; ‘āpta’ is a relative, and ‘reliable servants’ are as good as relatives.

(b) ‘With whom signals have been arranged.’ — with whom signs for communication have been fixed upon; such as — ‘when the battle has begun, when you hear the sound of conches, trumpets, drums and other instruments, in such and such a way, then you shall understand that there are signs of wavering and retreat, and then you shall do such and such an act’, — or ‘when the flag is taken down, or hoisted up, you shall stand apart from one another; if it is hoisted in this way you shall charge in a mass; you shall turn back, when it is raised in such and such fashion’.

(c) ‘Experts in standing firm’, — who are determined to stand together in proper formation even when charged by the canons of the enemy attacking them in dense masses; ‘as also in charging’ — i.e., while not quite expert in pursuing the fleeing enemy, they are adepts in charging en masse into the thickest of the enemy and engaging in fierce combat his rear-guard and taking captives hundreds of those trying to run away.

(d) ‘Fearless’ — hence prone to spreading themselves and yet operating in combination.

(e) ‘Loyal’ — identifying themselves entirely with the interests of their chief.

In this fashion he shall establish several pickets ‘on all sides’ — i.e. on three sides — extending to two miles each way; bat the position of these shall be altered everyday. When the fears of the chief are allayed by the alertness of these, his people gain confidence in him. And the king shall address the following words to his men — ‘In as much as, at the end of the war, presents, honours and appreciations shall be distributed among all, it is the interest of all of you, along with the ministers, that it be waged in the proper manner, — I am king only in name — in reality all of us are equal sharers in all prosperity that may come to us, — if we win, we acquire a kingdom, and if we lose we attain heaven, — it is with this view that all of us have come together’. — (190)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 402); — and in Vīramitrodaya (Rājanīti) p. 401).

 

 

VERSE 7.191

Section XIII - War

 

संहतान् योधयेदल्पान् कामं विस्तारयेद् बहून् ।
सूच्या वज्रेण चैवैतान् व्यूहेन व्यूह्य योधयेत् ॥१९१॥

saṃhatān yodhayedalpān kāmaṃ vistārayed bahūn |
sūcyā vajreṇa caivaitān vyūhena vyūhya yodhayet ||191||

 

He shall make a small number of men fight in close formation; but a large number he may extend as he likes. He shall make them fight, arraying them in the form of the ‘needle’ and the ‘thunderbolt.’ — (191)

 

Medhātithi’s commentary (manubhāṣya):

If the men do not fight in a close formation, and extend themselves over a large space, — then, happening to be opposed by a larger force, they are apt to be overtaken in small detachments and thus, by sheer impact, become annihilated. For this reason, when the number of.men is small, they should, be mode to fight in close formation, so that fighting with mutual support, they do not become completely annihilated; and also when fighting dose by one another, through mutual rivalry and attachment they are enabled to fight the stronger enemy.

‘As he likes’ — as much as he may wish, in view of the end to be served, — ‘he may extend a large number of wirn’ — i.e., make them fight in small detachments.

If the king thinks that when ordered to fight in small detachments, they may be struck with fear, — or that fear might arise in their minds on seeing the larger numbers of the enemy — then he shall array his men in the form of the ‘needle’ described above. The ‘thunderbolt array’ is that particular form in which the men are divided into three parts — one in the front, another in the rear and the rest on the two sides (of the king). In this ‘needle-array’ or ‘thunderbolt-array’ having arrayed his men, he shall make them do buttle. Of all arrays these two have been singled out for mention, as these two are best able to sustain a charge as well as to push home an attack. When he finds these same formations on the enemy’s side, then he shall resort to the opposite formation.

In the event of both belligerents being equal in number, the particular formations and their effectiveness shall depend upon the physical strength, loyalty and efficiency of the men engaged.

The term ‘shall make to fight’ implies that the king himself shall direct the operations from his quarters in a fortress or in some other comparatively safe spot forming the rear of the army. Says a work on the subject — ‘The king shall go back to a distance of 200 bows (1200 feet) and stay there as the he engage in battle rear guard, for the purpose of rallying the men that may be routed; and in no case shall he be without such a rearguard’. — (191)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 402): — and in Vīramitrodaya (Rājanīti, p. 404).

 

Comparative notes by various authors:

Mahābhārata (12.100.47). — (The first half as in Manu). — ‘When a small army is fighting against a larger one, the former should be arrayed like a needle-point.’

 

 

VERSE 7.192

Section XIII - War

 

स्यन्दनाश्वैः समे युध्येदनूपेनोद्विपैस्तथा ।
वृक्षगुल्मावृते चापैरसिचर्मायुधैः स्थले ॥१९२॥

syandanāśvaiḥ same yudhyedanūpenodvipaistathā |
vṛkṣagulmāvṛte cāpairasicarmāyudhaiḥ sthale ||192||

 

On even ground he shall fight with chariots and horses; on marshy ground with boats and elephants; on ground covered with trees and thickets with bows; and on firm ground with swords and shields and other weapons. — (192)

 

Medhātithi’s commentary (manubhāṣya):

This verse describes the nature of the ground on which the army has to operate.

On even ground, he shall fight with chariots and horses; as there is no obstruction for them on such ground,

‘Marshy ground’ — ground abounding in water. On such ground, if the water is shallow, he shall fight with elephants, but with boats, if it is deep; these can move easily on such ground.

On ground convered with trees and thickets, with bows. This includes also such ground as is cut up with pits and ditches; — the effect of these being the same as that of trees etc.

‘Firm ground? — ground free from stones, trees, creepers, pits and the like; on such ground he shall fight with swords and such other weapons us are held in the hand — such as the lance; since these can be used in fighting at close quarters, which shows the fighting-capacity of the combatants.’ — (192)

Further —

 

Explanatory notes by Ganganath Jha:

‘Sthale’ — ‘Ground free from stones, trees, creepers, pits etc.,’ (Medhātithi, Govindarāja and Kullūka); — ‘hilly ground’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 402); — and in Vīramitrodaya (Rājanīti, p. 405).

 

Comparative notes by various authors:

Kāmandaka (18.46). — ‘The horses should march in both the flanks and they should he flanked by chariot-warriors; these last again should bo flanked by elephants whom the forest-tribes should flank.’

 

 

VERSE 7.193

Section XIII - War

 

कुरुक्षेत्रांश्च मत्स्यांश्च पञ्चालांशूरसेनजान् ।
दीर्घांल्लघूंश्चैव नरानग्रानीकेषु योजयेत् ॥१९३॥

kurukṣetrāṃśca matsyāṃśca pañcālāṃśūrasenajān |
dīrghāṃllaghūṃścaiva narānagrānīkeṣu yojayet ||193||

 

Men born in the countries of Kurukṣhtra, Matsya, Pañcāla, and Śūrasena. — he shall make these fight in the vanguard; as also those that are tall and light. — (193)

 

Medhātithi’s commentary (manubhāṣya):

‘Kurukṣetra’ — is well known.

‘Matsya’ — is the name of the Virāṭa country, near Nāgapura.

‘Pañcāla’ — includes both the Kānyakubja and the Ahiccatra.

‘Born in Śūrasena’ — i.e., in Mathurā.

Some of these words are denotative of origin; but the necessary affix has been dropped:

The people of these countries are mostly huge-bodied, powerful, broad-chested, brave, proud, irrepressible; and as such, when placed at the forefront of the battle, strike terror is the hearts of the enemies.

From among the people of other countries those have to be similarly stationed who are ‘tall’ — ,and having large bodies, are endowed with long breaths. Those that are ‘light’ are fearless, on account of being comparatively free from danger, being hidden by others and without being struck themselves, continue to strike and thus, without suffering injury, set an example to others — (193).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra; p. 402); — and in Vīramitrodaya (Rājanīti, p. 405).

 

Comparative notes by various authors:

Kāmandaka (18.8). — ‘The low forest-tribes are by nature faithless, greedy and sinful; for this reason the weaned over troops of the enemy are better than they who are wild and undisciplined.’

 

 

VERSE 7.194

Section XIII - War

 

प्रहर्षयेद् बलं व्यूह्य तांश्च सम्यक् परीक्षयेत् ।
चेष्टाश्चैव विजानीयादरीन् योधयतामपि ॥१९४॥

praharṣayed balaṃ vyūhya tāṃśca samyak parīkṣayet |
ceṣṭāścaiva vijānīyādarīn yodhayatāmapi ||194||

 

Having arrayed his forces, he shall encourage them and thoroughly test them; even while they are engaging the enemy, he shall mark their behaviour. — (194).

 

Medhātithi’s commentary (manubhāṣya):

‘Having arrayed his forces,’ and thereby displayed his strength, he shall encourage his men with such words as — ‘what is there to win? Our enemies are already as good as defeated by your prowess,’ — ‘If you win you gain much wealth, and thereby bring happiness to your dependents and others; it you are slain in battle, you gain heaven, and pay off the debt owing to your employer; on the other hand, if you are defeated, you lose all these three advantages;’ and so forth, addressing them such words as may be suitable to the occasion.

He shall also ‘thoroughly test them’; he shall get some one to address them such words as — ‘Do not submit to the restrictions laid down by the king, — we could bear all these if the king and the commander exposed themselves and their relations also to the same danger as ourselves, — the king under the pretence of keeping the rear-guard, is keeping himself in a safe place; being a coward he does not wish to enter the fray’ and so forth. On hearing all this some of the men would reply as follows: — ‘It is not as you say, — this war is our very own, — and for us, who live by the use of weapons, being killed in battle is a highly desirable end, — not fleeing from battle is the highest duty of warriors, and the abandoning of our duty would be a source of sin, — the king also should be guarded by all means in our power; — when we are done, he shall certainly provide rest and other favours for us, — in fact, that is why he is staying with us’; — those who respond thus he shall treat with special consideration. When they gain a victory, they should be enlogised (eulogised?) and presented with robes of honour, and their attachment should be strengthened by means of embraces, decorations and presents.

While they are engaging the enemy, ‘he shall mart their behaviour’; i.e., find out how his men are behaving and how his treasury is faring. Some men are likely to be half-hearted, while others go to it whole-heartedly, — all this has to be carefully watched, on account of human nature being extremely fickle; and even those who help generally do so for some selfish end.

Having tested his men, he shall place the unreliable ones in the midst of reliable ones, so that they may all reach the enemy’s stronghold. — (194)

The author proceeds to lay down the means of getting at the enemy’s stronghold in the next verse.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 402); — in Vīramitrodaya (Rājanīti, p. 405); — and in Rājanītiratnākara (p. 27a).

 

 

VERSE 7.195

Section XIII - War

 

उपरुध्यारिमासीत राष्ट्रं चास्योपपीडयेत् ।
दूषयेच्चास्य सततं यवसान्नोदकैन्धनम् ॥१९५॥

uparudhyārimāsīta rāṣṭraṃ cāsyopapīḍayet |
dūṣayeccāsya satataṃ yavasānnodakaindhanam ||195||

 

After having besieged the foe, he shall halt, and proceed to harass his kingdom and continually vitiate his supply of fodder, food, water and fuel. — (195)

 

Medhātithi’s commentary (manubhāṣya):

The siege has to be laid in such a manner that no one is allowed to enter nor any one allowed to get out

‘Kingdom’ — i.e. territories outside the fortress occupied by the enemy. — This shall be ‘harassed’; — by kidnapping the inhabitants and persecuting them in various ways.

The ‘vitiating’ of fodder etc. consists in spoiling them by mixing undesirable things with them. — (195).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.342), in support of the view that before a country has been entirely subjected, the conqueror should do nothing for the sake of the people of that country; — in Parāśaramādhava (Ācāra, p. 402); — and in Vīramitrodaya (Rājanīti, p. 403).

 

 

VERSE 7.196

Section XIII - War

 

भिन्द्याच्चैव तडागानि प्राकारपरिखास्तथा ।
समवस्कन्दयेच्चैनं रात्रौ वित्रासयेत् तथा ॥१९६॥

bhindyāccaiva taḍāgāni prākāraparikhāstathā |
samavaskandayeccainaṃ rātrau vitrāsayet tathā ||196||

 

He shall destroy the tanks, as also walls and ditches; he shall assail the enemy and shall frighten him — during the night. — (196)

 

Medhātithi’s commentary (manubhāṣya):

The ‘tank’ elands for all kinds of water-reservoirs. The tank is ‘destroyed’ by its source of supply being cut off by means of embankments. The wall is ‘destroyed’ by being breached by means of machines, or being undermined. the ‘ditch’ is ‘destroyed’ either by being filled up or by having an outlet made in its banks.

He shall assail the enemy, in the fort, at the breaches in the walls, which should be attacked by brave soldiers; ‘and he shall frighten him during the night’ — by means of men bolding on their heads jars of flaming fire, and crying like the jackal. People seeing such portents would keep up during the night; and being ‘fatigued by the waking would be easily reducible. — (196).

During all this time —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 402); — and in Vīramitrodaya (Rājanīti, p. 403).

 

 

VERSE 7.197

Section XIII - War

 

उपजप्यानुपजपेद् बुध्येतैव च तत्कृतम् ।
युक्ते च दैवे युध्येत जयप्रेप्सुरपेतभीः ॥१९७॥

upajapyānupajaped budhyetaiva ca tatkṛtam |
yukte ca daive yudhyeta jayaprepsurapetabhīḥ ||197||

 

He shall alienate all who are alienable, keep himself informed of the enemy’s doings, and when fate is propitious, he shall fight, devoid of fear and determined to co nquer. — (197).

 

Medhātithi’s commentary (manubhāṣya):

‘Those who are alienable’ — i.e. such members of his family as are angry with the enemy, and desirous of obtaining bis Kingdom; — all such ‘he shall alienate’; i.e. instruct them as to what they should do. The act of ‘alienating’ consists in estranging the dependent from his chief and inciting him to seek his own advantage at the cost of the latter.

Through his spies he shall also keep himself informed of the ‘enomy’s doings’, — to find out all that the beleagured enemy does in the way inciting his own soldiers and foresters in his rear, and forming alliances with the intermedearies and neutrals.

‘When fate is propitious’, — when it is favourable to the besieging king; i.e., when the stars and planets bear a favourable aspect, when dreams and other omens are found to be auspicious, and when there are other signs visible, in the form of favourable winds and so forth, — then being ‘determined to conquer’ and ‘devoid of fear,’ he shall march forward as before and attack various points in the enemy’s stronghold. — (197)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Smṛtitattva (p. 742); — the entire verse in Parāśaramādhava (Ācāra, p. 402); — and in Vīramitrodaya (Rājanīti, p. 404), which explains ‘upajapet’ as ‘should create dissension, alienate.’

 

Comparative notes by various authors:

Arthaśāstra (Part II, p. 248). — ‘The king shall employ the six methods of conquest, in accordance with his own capacity; with those equal, or superior, to himself, he shall make alliance; against those inferior, he shall wage war... If the superior king does not agree to an alliance, he should have recourse to such methods as making presents to him, creating dissension and discontent among the vassals and subjects of that king and so forth.’

 

 

VERSE 7.198

Section XIII - War

 

साम्ना दानेन भेदेन समस्तैरथ वा पृथक् ।
विजेतुं प्रयतेतारीन्न युद्धेन कदा चन ॥१९८॥

sāmnā dānena bhedena samastairatha vā pṛthak |
vijetuṃ prayatetārīnna yuddhena kadā cana ||198||

 

By conciliation, by gifts and by dissension, — either severally or collectively, — he shall try to conquer his enemy, — never by war. — (198).

 

Medhātithi’s commentary (manubhāṣya):

He shall not go to war in a hurry, (a) At first he shall try ‘Conciliation’ — i.e., friendly meeting, sitting together, conversing, seeing each other’s wife and so forth; — then (b) ‘gifts’ — the presenting of gold and other things in token of affection, for the purpose of creating mutual attachment; — then (c) ‘dissension’ — the winning over of his family-members. This last means also the arousing of fear in his mind and so forth. — (198).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 403); — in Vīramitrodaya (Rājanīti, p. 404); — and in Smṛtitattva (p. 742).

 

 

VERSE 7.199

Section XIII - War

 

अनित्यो विजयो यस्माद् दृश्यते युध्यमानयोः ।
पराजयश्च सङ्ग्रामे तस्माद् युद्धं विवर्जयेत् ॥१९९॥

anityo vijayo yasmād dṛśyate yudhyamānayoḥ |
parājayaśca saṅgrāme tasmād yuddhaṃ vivarjayet ||199||

 

Since between two combatants victory is found to be uncertain, as also defeat, — therefore he shall avoid fighting — (199).

 

Medhātithi’s commentary (manubhāṣya):

Because it is not always founed (found?) to be the case that he who gains the victory is necessarily the stronger of the two combatants, — or that he who is defeated by him is necessarily the weaker, — therefore ‘victory is uncertain’. — (199).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 742); — in Parāśaramādhava (Ācāra, p. 403); — and in Vīramitrodaya (Rājanīti, p. 404).

 

 

VERSE 7.200

Section XIII - War

 

त्रयाणामप्युपायानां पूर्वोक्तानामसम्भवे ।
तथा युध्येत सम्पन्नो विजयेत रिपून् यथा ॥२००॥

trayāṇāmapyupāyānāṃ pūrvoktānāmasambhave |
tathā yudhyeta sampanno vijayeta ripūn yathā ||200||

 

But in the event of the three aforesaid expedients failing, he shall fight in such a manner as to conquer his enemies completely. — (200)

 

Medhātithi’s commentary (manubhāṣya):

Conciliation and the rest having failed, — even though victory be uncertain, and equally possible for both combatants, — he shall fight in such a manner that his victory become certain; and if he wins, he gains a kingdom, while if he is slain, he gains heaven; so in either case victory would be his. He shall not create imaginary difficulties, and he shall also eschew all treacherous ways of fighting, as also all such operations as would bring about either the utter annihilation of the enemy or too much harassment. Says Vyāsa — ‘O Arjuna, even Indra himself dare not stand before men who have become desperate and given up all hope of their lives’. When victory appears to be doubtful, retreat is the proper thing to do; for when life has gone out, the man is unable to accomplish his purpose; it is only while alive that he passes through pleasing experiences, whereas if he dies, he only gains heaven. — (200).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 403); — in Vīramitrodaya (Rājanīti, p. 404); — and in Smṛtitattva (p. 742), which reading ‘saṃyattaḥ’ (for ‘sampannaḥ’), explains it as ‘with due effort’.

 

 

VERSE 7.201 [Consolidation of Conquered Territory]

Section XIV - Consolidation of Conquered Territory

 

जित्वा सम्पूजयेद् देवान् ब्राह्मणांश्चैव धार्मिकान् ।
प्रदद्यात् परिहारार्थं ख्यापयेदभयानि च ॥२०१॥

jitvā sampūjayed devān brāhmaṇāṃścaiva dhārmikān |
pradadyāt parihārārthaṃ khyāpayedabhayāni ca ||201||

 

Having gained victory, he shall worship the gods and the righteous Brāhmaṇas, grant remissions and proclaim amnesties. — (201).

 

Medhātithi’s commentary (manubhāṣya):

After the enemy has been defeated and quiet has been restored in the captured city, and among the people — ‘he s hall worship the gods and the righteous Brāhmaṇas’ — i.e. those who perform all the acts that are enjoined for the Brāhmaṇa, and who, as much as lies in their power, avoid all that is forbidden. He shall make offerings of sandal-paint, flowers, incense and so forth, with due apportionment and after proper purification of the things offered.

‘Grant remissions’. — For the safety of householders, in order that their livelihood may not suffer, he shall remit such portions of the taxes as may be too burdensome for them, not realising them for one or two years.

‘Proclaim amnesties’. — He shall make it known among the people of the city and the villages — by means of the beat of drum or the felling of the mace and such other means — that what they had done by virtue of their loyalty to their former master had been forgiven and that henceforward every one of them was free to take to his own calling. — (201).

If even after the bestowing of such fanours he finds that the citizens and the people are still so loyal to their former master that they still cherish feelings of attachment towards his dynasty, and that any government of his own would not be lasting, — then, he shall do as follows: —

 

Explanatory notes by Ganganath Jha:

‘Parihāra’ — ‘Exemptions from taxes and custom-dues etc.’ (Medhātithi); — ‘gifts to the gods and Brāhmaṇas’ (Govindarāja and Kullūka); — ‘gifts of clothes and ornaments to the inhabitants’ (Rāghavānanda).

“The term ‘parihāra’ occurs very frequently in the inscriptions (see e. g., Arch. Reports of Western India, Vol. IV, p.104 et. seq),and means ‘exemption from, taxes and payments as well as other immunities’. These parihāras were regularly attached to all grants to Brāhmaṇas or temples” — Buhler.

This verse is quoted in Parāśaramādhava (Ācāra, p. 403) in Vīramitrodaya (Rājanīti, p. 409), which adds the following notes: — ‘Jitvā,’ ‘having conquered the enemy’s territories’, — ‘devān dhārmikān brāhmaṇān’ — i.e., those inhabiting the conquered country — ‘sampūjayet’, — ‘he should worship’, i.e., ‘offer them lands, gold, presents and honours’; — ‘parihārān’ means ‘explanations of his own action in conquering the country, such as it was not through greed for conquest that I have conquered this kingdom, this king of yours wronged me deeply, that is why I have conquered him — thereby showing that he is not to blame; — or ‘paṛhāra’ may mean ‘gifts’, such proclamations, for instance, as ‘all the gold and wealth that I have won I present to the Brāhmaṇas’; — similary he should proclaim such amnesty as ‘all those who, through loyalty to their late king, acted against, me, only did their duty, and they need not fear any retaliation from me’.

It is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 73 a).

 

Comparative notes by various authors:

Śukranīti (4.7, 801, et seq.). — ‘When a territory has been acquired, the king should grant maintenances for the conquered king himself; half of it to his son, and a quarter of it to his wife; the rest of the income he shall retain for himself. He should maintain the dispossessed princes for the display of his own majesty, by the bestowal of honours, if they are well-behaved; but punish them, if they are wicked.’

 

 

VERSE 7.202

Section XIV - Consolidation of Conquered Territory

 

सर्वेषां तु विदित्वैषां समासेन चिकीर्षितम् ।
स्थापयेत् तत्र तद्वंश्यं कुर्याच्च समयक्रियाम् ॥२०२॥

sarveṣāṃ tu viditvaiṣāṃ samāsena cikīrṣitam |
sthāpayet tatra tadvaṃśyaṃ kuryācca samayakriyām ||202||

 

Having briefly ascertained the wishes of all the people, he shall set up there a member of the same family and then conclude the treaty. — (202)

 

Medhātithi’s commentary (manubhāṣya):

Having briefly ascertained that such and such is the wish of the citizens and other people — ‘they do not wish to be governed in such and such a manner, they wish to have a king of the same family as their former ruler,’ — he shall set up a member of the same family,’ who may he mild-tempered, and happy in his family-surroundings; — and then conclude a treaty with the king thus set up along with his assembled subjects and ministers; — the terms of the treaty being — ‘you and I shall have equal shares in your income, you shall consult me in all that you do or not do, at the proper time you shall come and help me with your treasury and force’ and so forth. — (202).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 403); — and in Vīramitrodaya (Rājanīti, p. 410), which adds the following notes: — ‘Teṣām,’ ‘of the minister and other office-bearers of the late king,’ — ‘cikīrṣitam,’ ‘wish,’ — ‘samam,’ ‘unanimous,’ — ‘viditvā,’ ‘having ascertained,’ — ‘tadvaṃśyam,’ ‘one born of the same family as the king killed in battle’, — ‘sthāpayet,’ ‘should install him in the place of the late king’, — ‘Saṃyakriyām,’ ‘a compact to the effect that henceforward you shall behave towards me in such and such a manner’; — and in Nrsiṃhaprasāda (Saṃskāra, p. 73 a).

 

Comparative notes by various authors:

Viṣṇu (3.47). — ‘The King having captured the capital of his enemy, should invest a prince of the royal race of that country with the royal dignity. He shall not extirpate the royal race, unless the royal race be of low descent.’

Kātyāyana (Vīramitrodaya-Rājanīti, p. 411). — ‘Even though the enemy may have been wicked, the conqueror should not destroy the Kingdom.’

 

 

VERSE 7.203

Section XIV - Consolidation of Conquered Territory

 

प्रमाणानि च कुर्वीत तेषां धर्मान् यथोदितान् ।
रत्नैश्च पूजयेदेनं प्रधानपुरुषैः सह ॥२०३॥

pramāṇāni ca kurvīta teṣāṃ dharmān yathoditān |
ratnaiśca pūjayedenaṃ pradhānapuruṣaiḥ saha ||203||

 

He shall make authoritative all that is declared to have been lawful (in the kingdom), and shall honor with precious gifts the king along with the leading men. — (203).

 

Medhātithi’s commentary (manubhāṣya):

All the customs relating to the property of Brāhmaṇas or temples, and to the duties of the people that may have been prevalent in the kingdom from before, — all those he shall confirm, ‘make authoritative’. By so doing, they become attached to him; — and the ‘lending men’ that may he there, — their importance being due to their being rich in their belongings and in the size of their family and such other qualifications, — along with these, the new king shall be honoured with presents of weapons, money, grains, ornaments, conveyances, umbrella, throne, crown and so forth. — (203)

The next verse explains why precious gifts are to be made to the people.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 410), which adds the following notes: — ‘Teṣām,’ ‘of the other king,’ — ‘yathoditān,’ ‘as handed down by his family-traditions,’ — ‘dharmān,’ ‘practices, customs,’ — these he should make the ‘pramāṇāni’, the authority, by way of oath, i.e., he should administer the oath in such words as — ‘if you act contrary to this compact of yours, you fall off from such and such high morality and custom handed down by your family-traditions.’ — It suggests also another explanation of the verse as as follows — ‘Teṣām,’ ‘of the former king’ — ‘yathoditān dharmān,’ ‘the administrative measures taken for the grant of livings to Brāhmaṇas, ministers and others,’ — these he should ‘pramāṇani kurvīta,’ ‘declare to be inviolable.’

It is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 73b).

 

Comparative notes by various authors:

Viṣṇu (3.42). — ‘Having conquered the enemy’s country, he should not disregard the laws of that country.’

Yājñavalkya (1.342). — ‘When a country lias been conquered by the King, he should preserve the observances, laws and customs of the place.’

Arthaśāstra (Trans. Shama Śastri, p. 491). — ‘Having acquired new territory, he should cover the enemy’s vices with his own virtues... by strict observance of his own duties, by bestowing rewards, by remitting taxes, by giving gifts and by bestowing honours. He should follow the friends and leaders of the people... He should adopt the same mode of life, the same dress, language and customs as those of the people.’

Kāmandaka (2.35). — ‘A king protecting the Varṇas and Āśramas and living according to their usages and knowing their duties, becomes worthy of place in Indra’s heaven.’

 

 

VERSE 7.204

Section XIV - Consolidation of Conquered Territory

 

आदानमप्रियकरं दानं च प्रियकारकम् ।
अभीप्सितानामर्थानां काले युक्तम् ?? ॥२०४॥

ādānamapriyakaraṃ dānaṃ ca priyakārakam |
abhīpsitānāmarthānāṃ kāle yuktam ?? ||204||

 

The seizing of desirable property is productive of displeasure, and the giving of it is productive of pleasure; each is commended if done at the proper time. — (204).

 

Medhātithi’s commentary (manubhāṣya):

The non-giving of what should he given to the new king, or to any other person, is ‘productive of displeasure’; it causes displeasure; and the giving of it is ‘productive of pleasure’. Both these facts are well known; — that the giving of what is desired causes pleasure, and the witholding of it causes pain.

‘Each is commended when done at the proper time’; — at one time any gift however small causes pleasure, while at another time a poor gift, or a small one, causes no pleasure at all. Hence the seizing and giving away of property should be done after full consideration of the peculiarity of the time, — (204).

All that has gone before and what is going to be described below, — all this is ‘dependent’ &c. &c. (says the next verse.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya, (Rājanīti, p. 410), which adds the following notes: — ‘Abhīpsitānām,’ ‘required by, the king selected from among the family of the late king, and by his ministers,’ — ‘arthānām,’ ‘of things,’ — ‘ādānam,’ ‘the taking away,’ — which is ‘apriyakaram,’ — ‘disagreeable,’ — and ‘dānam’, ‘giving away’ — which is ‘priyakārakam’ to them; — in as much as it is only if he were fully equipped with the necessary elephants, horses and wealth that the new king could hope to be safe against other kings, the presentation of such things at the time of installation is ‘kāle yuktam,’ ‘highly opportune,’ — and hence ‘praśasyate,’ ‘is commended.’

 

 

VERSE 7.205

Section XIV - Consolidation of Conquered Territory

 

सर्वं कर्मैदमायत्तं विधाने दैवमानुषे ।
तयोर्दैवमचिन्त्यं तु मानुषे विद्यते क्रिया ॥२०५॥

sarvaṃ karmaidamāyattaṃ vidhāne daivamānuṣe |
tayordaivamacintyaṃ tu mānuṣe vidyate kriyā ||205||

 

All this undertaking is dependent upon the ordering of Destiny and of Human Exertion; of these two, Destiny is incomprehensible, and action is possible only in regard to Human Exertion. — (205)

 

Medhātithi’s commentary (manubhāṣya):

‘Undertaking’, action done for the purpose of bringing about a desirable result, — ‘all this’ is dependent upon something.

‘Vidhāna’, ‘ordering’, is that which ordains, the effect of actions. That which ordains an act also qualifies it; — ‘of Destiny and of Human Exertion’, — ‘Destiny’ consisting in Merit &c., resulting from previous acts, in the shape of doing what is prescribed and also what is forbidden. The doing of an act has its motives noticeable in morality or immorlity. Says the Śṛuti — “Vidhi, (creator)’ Vidhāna (ordinance) Niyati (Destiny), Svabhāva (Nature), Kāla (Time), Brahma, Īśvara (God,) Karma (Deed), Daiva (Fate), Bhāgya (Luck), Puṇya (Merit) Bhutāntaryoga (co-operation of Beings) — these are the synonyms of “Previous Act”; — and the Smṛti also “Destiny should be understood as what is done by the man himself in his previous body; and Human Exertion is what he does during this life”. From this it is clear that as between ‘Destiny’ and ‘Human Exertion’, the latter becomes, after death, the cause of the former.

It is on this ‘effect’ that every undertaking and its result are ‘dependent’. Destiny by itself, apart from Human Exertion, does not bring about any results; it must need the help of Human Effort; and Human Effort must need the help of Destiny. If results followed from mere Destiny, independently of Human Exertion, then it would he possible for results to accrue to the embryo also; since however there are no such results, it has to be inferred that results follow from Destiny only when it is accompanied by Human Exertion; similarly, if Human Exertion were productive of results, independently by itself,; then all kinds of results would accrue to all kinds of men. As a matter of fact, no such thing ever actually happens. Hence it follows that causal efficiency belongs to both conjointly. So says Vyāsa — ‘All human undertakings are the effects of twofold Karma, — Destiny and Human Exertion; apart from these two there is nothing else.’ (Mahābhārata, Sauptika-parva, 2.2); and in the Samāna-tantra (?) also — ‘Destiny and Human Exertion maintain the moral and immoral activities of men.’

Those who hold that Destiny is the sole cause of things argue as follows: — “Destiny is the only cause. As a matter of fact, we find that idiots, eunuchs, cripples, lame persons and others, though absolutely unable to put forth any exertion, are still happy; though entirely helpless, yet they obtain the good results of past acts. On the other hand, it is often found that persons with enough means at their command, able-bodied, brave and clever and versed in the scriptures, are unhappy, even though putting forth all their efforts; and people go on experiencing gains and losses, brought about Destiny alone, independently of all efforts of their own. It is only under this theory that all activities tending to bring about results in the other world come to have their use; the idea in the mind of the actors being — ‘we are experiencing in this world the results of past deeds and in the other world we shall experience those of our present deeds’; and it is when they know this that they engage themselves in meritorious deeds, and it is on this account that doubts also arise in the minds of people. (In support of the fatalist’s stand-point) they quote the following saying — ‘I know what is righteous, and yet I do not act up to it; and I know what is unrighteous, and yet I do not desist from it;; I do exactly as I am prompted to do by God; apart from Him there is no other guide’.”

On the other hand, those who would depend entirely upon Human Exertion argue, thus: — “Human Exertion is the sole cause of all activities. It is only when the man laboriously exerts towards agricultural operations that he obtains the fruits of cultivation in the shape of good harvest. To this end it has been declared that — ‘In this world, it is only one who resorts to activity and performs acts that enjoys their results’. Even when food is there, people do not have their hunger satisfied unless they actually do the eating; so that it stands to reason that since the result of the act of eating accrues to the man only after he has done that act, it should be attributed to the act (and not to any thing else). It is only thus that all injunctions regarding the doing of acts become useful. To this end they say — ‘The wise man sometimes sets aside even Destiny itself, just as he keeps off heat and cold and brings on as well as drives off rain.’”

From all these arguments it follows that causal efficiency belongs to both, Destiny and Human Exertion; specially as it is found that in the absence of either of the two, proper results do not appear. In some cases, one, and in others, the other, happens to be chiefly conducive to a particular result, and hence comes to be regarded as the cause of that result. It often happens that human exertion, even though put forth, is baffled when overpowered by a more powerful Destiny; just as wet fuel, even though put in fire, does not burn, if the fire is weak. And even if Destiny be weak, if it is helped by strong human effort, it succeeds in producing its results; just as even wet fuel burns when put in powerful fire, and it does not quench the fire. To this end there is the following saying — ‘Destiny, when weak, is set aside by Human Exertion, and even intelligent effort is baffled by more powerful Destiny.’

It is in view of all this that the Author says — ‘of these two Destiny is verily incomprehensible; the term ‘tu’ denotes emphasis; the meaning is that the real character of Destiny cannot be comprehended. It cannot be even thought of at what time it will bring about its results; specially as apart from the scriptures, we cannot form any conception of it, we cannot fathom in what way it comes into existence and how it operates.

As regards Destiny then, any enquiry concerning it would be futile among human beings. Hence it is Human exertion, in the form of Action, that is going to be described, forming, as it does, the subject-mater of the treatise. And it is only in regard to ‘Human exertion’ that ‘action is possible’. In connection with agricultural operations, it is possible for us to form some idea, such as — ‘I should carry on such and such operations, by means of such and such appliances, and in this manner I shall obtain such and such results’. In fact people undertake only that action of which the beginning, the middle and the end can be perceived. As regards ‘Destiny’, it is absolutely unthinkable in what manner even men in trouble should act, until the result is actually perceived. Thus Destiny bring ‘incomprehensible’, it is not necessary [to devote much attention to it. It is human activity which we can think over and then do what has to be done; in fact the man who acts in a happazard manner, without thinking of what he does, always comes to grief.

When the king is equipped with all the three ‘powers’, and endowed with due exertion and energy, there arises in his mind a keen desire to conquer other kingdoms; and it is when Human Exertion becomes helped by Destiny that it accomplishes all his purposes. And towards the final result it is Destiny that adds to excellence and all the rest of it is accomplished by Human Exertion alone. In the case of the king who has set out on conquest, if the enemy happens at the time to be under some calamity, this is due entirely to Destiny; and in action, it is Human Exertion that is most effective; so. in fact both stand on the same footing.

Further, it has been held that “when Human exertion functions, irrespectively of the ordering of Destiny, then it is with great difficulty that it leads to success”. This means that if the man puts forth his efforts when Destiny is against him, then, in regard to all the eight forms of activity, cither it accomplishes his purpose only with great difficulty, or it becomes entirely futile. Hence, even though there be prospect of difficulties, yet no one shall rest satisfied with simply resigning himself to Destiny.

When, on the other hand, Human Exertion operates in co-operation with Destiny, then it accomplishes all his purposes — as delineated in the Vedic texts — without difficulty. Thus whenever Human Exertion functions, while Destiny is favourable, it accomplishes all his purpose without any trouble at all. This idea is further confirmed by the following two verses: — ‘In some cases, when the man has put forth his effort in the field — even though Destiny is against him — it brings him its due reward; — sometimes the field is as if it were dead, and then all effort is futile.’ It has often been found that though the man tries again and again, the result does not accrue if the necessary aid in the form of favourable Destiny does not come to his rescue.

Then again, ‘even though the man may have his Destiny favourable, yet, in the absence of Exertion, no field can bear fruits without due Human Exertion’. In fact it is only when the result has been gained that the presence of favourable Destiny is inferred. Hence when there is no Result, it follows that favourable Destiny was absent.

Others have held the view that when it has been found that Destiny has been duly operative, and yet the result does not appear, this only indicates that there has been no human exertion in the case; the case being analogous to that of there being no tree when there is no seed. In this view, Destiny is held to be represented by the Sun, the Moon and the other planets, as also by Vāyu, Agni and Apas; and it is set right by Human Exertion put forth with special care. — (205)

 

Explanatory notes by Ganganath Jha:

‘Kriyā’ — ‘Action, for attaining success’ (Govindarāja and Kullūka); — ‘remedial action’ (Nārāyaṇa); — ‘effort’

‘Mānuṣe vidyate kriyā’ — ‘It is only when there is human effort, that fate becomes operative’ (Nandana).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 312).

 

Comparative notes by various authors:

Yājñavalkya (l.348, 349). — ‘The success of an act is dependent upon Fate and upon Human Effort; of these Fate is determined by previous births, and Human Effort is apparent. Some acts succeed by chance, some through human effort; human effort is at the root of them all.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 313). — ‘Fate is one’s own deeds committed in previous births, hence the wise have held Effort to be superior to Fate; adverse Fate is set aside by Effort. Fate, Effort and Time, — on these three together depends the success of man’s operations.’

Rāmāyaṇa (Vīramitrodaya-Rājanīti, p. 314). — ‘It is only the man who is weak and devoid of virility that depends upon Fate; one who is strong and virile never gives in to Fate. One who tries to suppress Fate by Human Effort never suffers.’

Vyāsa (Do., p. 315). — ‘Fate consists of what the man has done himself during his previous lives, and Human Effort is what he does during the present life.’

 

 

VERSE 7.206-211

Section XIV - Consolidation of Conquered Territory

 

सह वाऽपि व्रजेद् युक्तः सन्धिं कृत्वा प्रयत्नतः ।
मित्रं हिरण्यं भूमिं वा सम्पश्यंस्त्रिविधं फलम् ॥२०६॥

पार्ष्णिग्राहं च सम्प्रेक्ष्य तथाक्रन्दं च मण्डले ।
मित्रादथाप्यमित्राद् वा यात्राफलमवाप्नुयात् ॥२०७॥

हिरण्यभूमिसम्प्राप्त्या पार्थिवो न तथैधते ।
यथा मित्रं ध्रुवं लब्ध्वा कृशमप्यायतिक्षमम् ॥२०८॥

धर्मज्ञं च कृतज्ञं च तुष्टप्रकृतिमेव च ।
अनुरक्तं स्थिरारम्भं लघुमित्रं प्रशस्यते ॥२०९॥

प्राज्ञं कुलीनं शूरं च दक्षं दातारमेव च ।
कृतज्ञं धृतिमन्तं च कष्टमाहुररिं बुधाः ॥२१०॥

आर्यता पुरुषज्ञानं शौर्यं करुणवेदिता ।
स्थौललक्ष्यं च सततमुदासीनगुणौदयः ॥२११॥

saha vā'pi vrajed yuktaḥ sandhiṃ kṛtvā prayatnataḥ |
mitraṃ hiraṇyaṃ bhūmiṃ vā sampaśyaṃstrividhaṃ phalam ||206||

pārṣṇigrāhaṃ ca samprekṣya tathākrandaṃ ca maṇḍale |
mitrādathāpyamitrād vā yātrāphalamavāpnuyāt ||207||

hiraṇyabhūmisamprāptyā pārthivo na tathaidhate |
yathā mitraṃ dhruvaṃ labdhvā kṛśamapyāyatikṣamam ||208||

dharmajñaṃ ca kṛtajñaṃ ca tuṣṭaprakṛtimeva ca |
anuraktaṃ sthirārambhaṃ laghumitraṃ praśasyate ||209||

prājñaṃ kulīnaṃ śūraṃ ca dakṣaṃ dātārameva ca |
kṛtajñaṃ dhṛtimantaṃ ca kaṣṭamāhurariṃ budhāḥ ||210||

āryatā puruṣajñānaṃ śauryaṃ karuṇaveditā |
sthaulalakṣyaṃ ca satatamudāsīnaguṇaudayaḥ ||211||

 

Or, having made peace with his enemy, he, may return, accompanied by the latter, — finding in this the due fulfilment of the threefold reward consisting of an ally, gold and territory. — (206)

In his ‘circle’, having paid due attention to the ally who forms his rear guard, and also to the ally who occupies the position next to the said ally, the king shall obtain the result of his expedition either from his friend or from his foe. — (207)

The king does not prosper so much by gaining gold and territory as he does by obtaining a firm ally, even though this latter be weak, if fraught with future possibilities. — (208)

Even a weak ally is highly commended, if he is righteous and grateful, has his people content, and is loyal and persevering in his actions — (209)

The wise ones describe that enemy to be most troublesome who is intelligent, of noble race, brave, clever, charitable, grateful and firm. — (210)

Gentlemanliness, knowledge of men, bravery, compassionate disposition, and constant liberality are the qualities to be sought for in a Neutral. — (211)

 

Medhātithi’s commentary (manubhāṣya):

(verses 7.206-211)

For all men, agencies of happiness and unhappiness are set up by Destiny, which is also styled ‘merit-demerit’; and when men fall into troublesome positions, they pacify the unfavourable Destiny leading to it by special efforts put forth towards the alleviating of the evil influences; so that they are rendered favourable in the final result. (?)

The ‘knowledge of men’ stands for worldly experience. The man who is worldly wise is capable of rendering great help.

The ‘brave’ man is generally clever in business.

The ‘compassionate’ man, is one who is of sympathetic nature, and always saves men from undue greed (?)

The ‘liberal’ man is one who is always capable of providing a large amount of wealth, (206-211)

 

Explanatory notes by Ganganath Jha:

(verse 7.206)

This verse is quoted in Vīramitrddaya (Rājanīti, p. 412), which adds the following notes: — The particle ‘vā’ indicates that what the verse is speaking of is the alternative to war; — ‘prayatnato yuktaḥ,’ ‘having become fully equipped with all the equipments, such as sending the ambassador and so forth, necessary for marching on the conquering expedition,’ — ‘saha’, ‘with the enemy,’ — ‘sandhim kṛtvā,’ ‘having made peace’; — ‘sampaśyan,’ ‘rightly discerning,’ the ‘triple result’ in the shape of ‘friend, gold and territory’, and hence making peace on the acquisition of any one of these three, he should ‘depart’, return to his own kingdom.

(verse 7.207)

This verse is quoted in Vīramitrodaya, (Rājanīti, p. 412), which adds the following notes: — ‘Maṇḍale,’ ‘in the circle of twelve enemies’; — the ‘pārṣṇigrāha’, is the enemy whose territory lies immediately in the rear of the king who is marching on an expedition against a state in his front; — ‘ākranda’ is the king whose territory lies behind that of the said pārsṇigraha, — ‘samprekṣya’, ‘having duly examined the strength and weakness of both these’; — ‘mitrāt’, ‘from the king against whom he was marching and with whom he has made peace;’ — ‘amitrāt’, ‘from the enemy against whom he was marching and who has not made peace with him’, — the king undertaking the expedition shall obtain the point of his expedition — in the shape either of victory over the enemy, or one of the ‘three results’ of peace, in the shape of ‘fri end, gold and territory.’

(verse 7.208)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 277); — and in Rājanītiratnākara (p. 29a).

(verse 7.209)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 277).

(verse 7.210)

This verse is quoted in Smṛtitattva (p. 743), as describing the ‘dangerous enemy’; — in Vīramitrodaya (Lakṣaṇa, p. 218); — and in Vīramitrodaya (Rājanīti, p. 323).

(verse 7.211)

‘Sthaulalakṣyam’ — ‘Great liberality’ (Kullūka, Nārāyaṇa, Rāghavānanda and Nandana); — Kullūka asserts that both Govindarāja and Medhātithi explain the term as being ‘not sharp-sighted.’ As regards Medhātithi, whose explanation Buhler could not decipher, his words are — ‘Sthūlalakṣaḥ prabhūtasyāpi arthameṣām sarvakālam kṣamate’, which means that the man who is ‘sthūlalakṣa’ looks with equanimity upon the ever-increasing prosperity of these (i.e., other kings). This may imply absence of sharp-sightedness. — Hopkins says “Medhātīthi and Govindarāja erroneously interpret as subtility”. While Govindarāja is said by Buhler to explain the term to mean ‘sūkṣmadars-hitvam but this is evidently wrong; as the initial ‘a’ Buhler has failed to notice in the manuscript

This verse is quoted in Vīramitṛodaya (Rājanīti, p. 323).

 

Comparative notes by various authors:

(verse 7.208)

Yājñavalkya (1.351). — ‘Among all gains — those of gold, land and so forth, — the gain of a friend is the best of all.’

Matsyapurāṇa (Vīramitrodaya-Rājanīti, p. 277 ). — ‘ There are three kinds of friends — (1) hereditary, (2) the subsidiaries of the enemy, and (3) artificial friend.’

Arthaśāstra (Part II, p. 292). — ‘Among the three gains — of Friend, Gold and Rand, the preceding is superior to the succeeding; Gold and Friend superior to land, and Friend superior to Gold.’

 

 

VERSE 7.212

Section XIV - Consolidation of Conquered Territory

 

क्षेम्यां सस्यप्रदां नित्यं पशुवृद्धिकरीमपि ।
परित्यजेन्नृपो भूमिमात्मार्थमविचारयन् ॥२१२॥

kṣemyāṃ sasyapradāṃ nityaṃ paśuvṛddhikarīmapi |
parityajennṛpo bhūmimātmārthamavicārayan ||212||

 

Even though the land (occupied by him) be safe, fertile and conducive to the increase of cattle, yet he shall quit it, — not minding his own selfish interests. — (212)

 

Medhātithi’s commentary (manubhāṣya):

Even though the land be as described he shall quit it without delay.

‘Safe’ — free from molestation at the hands of robbers and others.

‘Fertile’ — productive of rich harvests, not dependent entirely upon rain.

‘Conducive to the increase of cattle’, — being in a wild state, and hence abounding in much fruit, or leaves or grass, the land becomes conducive to the increase of cattle; abounding in tradesmen and cultivators, free from famine and pestilence, and capable of maintaining large numbers of men (?)

This does not mean that he shall evacuate in a hurry the territory occupied by him; he should give up only that territory with regard to which he feels that if he continued to stay, the people of the land would try to recover it from him. So that as soon as he finds that evacuation would not mean any financial or strategical harm to himself and his allies, he shall, give up the territory even though it possesses all the qualities described above. — (212)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 412).

 

 

VERSE 7.213 [General Precepts]

Section XV - General Precepts

 

आपदर्थं धनं रक्षेद् दारान् रक्षेद् धनैरपि ।
आत्मानं सततं रक्षेद् दारैरपि धनैरपि ॥२१३॥

āpadarthaṃ dhanaṃ rakṣed dārān rakṣed dhanairapi |
ātmānaṃ satataṃ rakṣed dārairapi dhanairapi ||213||

 

He shall save his wealth for the sake of trouble; his wife he shall protect even with his wealth; and himself he shall constantly protect, even with his wife and his wealth. — (213)

 

Medhātithi’s commentary (manubhāṣya):

The rule here laid down is extremely difficult to follow.

‘For the sake of trouble’, — i.e., for the purpose of removing trouble; just as smoke set up for the removal of mosquitoes is said to be ‘for the sake of mosquitoes’. For that purpose ‘he shall save wealth’; there is no other use for saving wealth; as wealth has been described as being for the sake of giving and enjoying. Hence it is with due consideration of this that the king shall regulate his expeditions and haltings and the winning over of the men of the other party.

Even with wealth he shall protect his wife; the mention of the ‘wife’ includes all near relatives.

His own self is to be preserved; and if he cannot preserve himself by any other way, he shall do it even by giving away all his property, or even if it become necessary, by giving up his wife; for even after having abandoned his wife and property, he may take to the vow of silence and carry on a life of righteousness. Those persons who allow themselves to perish for the sake of wealth or wife, — for them the wife or the property serves no useful purpose, either visible or invisible, because such an act is neither righteous nor unrighteous.

This forsaking of the wife does not apply to young princes............... (?)

Though this rule has been laid down in the section dealing with the ‘King’s Duties’, yet, since it serves a distinctly useful purpose, it should be taken as applicable to all persons.

Objection: “The king, having acquired a kingdom, and being possessed of much wealth, shall perform the Aśvamedha and other elaborate sacrifices and enjoy unequalled pleasures; what could the discontented people do to him (in consideration whereof he should give up the conquered territory)?”

There is no force in this objetion; even for men possessed of little wealth, many righteous acts are possible, in the shape of the telling of beads and so forth. It is only for certain acts of a peculiar character that wealth is necessary; and under the circumstances stated it would not be right to displease the people; hence such an act shall not be done in a hurry. — (213)

And the reason for it is as follows: —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 413).

 

 

VERSE 7.214

Section XV - General Precepts

 

सह सर्वाः समुत्पन्नाः प्रसमीक्ष्यापदो भृशम् ।
संयुक्तांश्च वियुक्तांश्च सर्वोपायान् सृजेद् बुधः ॥२१४॥

saha sarvāḥ samutpannāḥ prasamīkṣyāpado bhṛśam |
saṃyuktāṃśca viyuktāṃśca sarvopāyān sṛjed budhaḥ ||214||

 

Seeing all kinds of troubles frequently cropping up simutaneously, the wise person shall employ all the expedients, collectively as well as severally. — (214)

 

Medhātithi’s commentary (manubhāṣya):

‘Troubles’ — misfortunes due to human as well as divine agencies; when these appear simultaneously, in connection with what forms the subject-matter of the present context, then, the wise man shall employ all the expedients’, ‘collectively’ — i.e., gifts preceded by conciliation, dissension preceded by conciliation, fighting accompanied by conciliation, gifts and dissension, — or gifts along with the others, and so on. That is, he śull make use of that particular expedient which he finds most suited to the occasion; and he shall not sit cast down with the troubles. — (214)

How this shall be done is explained in the next verse.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 413), which explains ‘Saṃyuktān’ as ‘arisen together’, — ‘viyuktān’, as ‘arisen separately,’ and ‘nayet’ as ‘should employ.’

 

 

VERSE 7.215

Section XV - General Precepts

 

उपेतारमुपेयं च सर्वोपायांश्च कृत्स्नशः ।
एतत् त्रयं समाश्रित्य प्रयतेतार्थसिद्धये ॥२१५॥

upetāramupeyaṃ ca sarvopāyāṃśca kṛtsnaśaḥ |
etat trayaṃ samāśritya prayatetārthasiddhaye ||215||

 

(a) The employer of the expedients, (b) the end to be attained by the expedients and (c) the expedients themselves, — taking his stand upon all these three, he shall strive for the accomplishment of his purpose. — (215)

 

Medhātithi’s commentary (manubhāṣya):

‘Sādhayet kāryamātmanaḥ’ is another reading for the last quarter of the verse.

‘The employer of the Expedients’ — i.e. himself; having obtained himself, he shall accomplish his purpose, as if he were his own friend.

‘All expedients’ — collectively and severally.

‘The end to be attained’ — this also refers to all kinds of business in general.

‘Taking his stand upon’ — having resorted to; this resorting to is accomplished by pondering over them, — as to whether the expedients are efficient enough, what would be the proper thing to do, by what means is such and such end to be attained, — all this be shall duly ponder over.

‘All’ — refers to ‘the three’, — and means entirely.

The meaning thus comes to be that — ‘for the accomplishment of his purpose he shall employ that particular expedient which may be capable of accomplishing it’.

As a matter of fact, the ends to be attained by means of the Expedients are endless in number; so that it is not possible to mention them all in detail; and hence they have been mentioned briefly and collectively. And all this shall be duly pondered over. It is with reference to the peculiar nature of the ends that it has been declared as follows: —

‘The careful man makes peace; the careful man has recourse to his own prowess; both these should be equipped with statesmanship, without which one would be as good as a thief.’ — (215)

 

Explanatory notes by Ganganath Jha:

‘Upetāram’ — ‘The employer of the means, i.e., the king himself’ (Medhātithi, Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda); — ‘the king’s minister’ (Nandana).

‘Āśritya’ — ‘Undertaking’ (Medhātithi); — ‘depending upon’ (Govindarāja and Kullūka); — ‘pondering over’ (Nārāyaṇa and Raghavānanda).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 413), which explains ‘upetāram’ as ‘the employer of the means, i.e., the king himself,’ — and ‘upeyam’ as ‘one who is to be won by the means employed, i.e., the enemy’ — again, on p. 319, where also the explanations are repeated; — and in Nītimayūkha (p. 50).

 

Comparative notes by various authors:

Arthaśāstra (Part II, pp. 248 and 343). — ‘He may have recourse to the methods, either singly or severally or collectively and win over the subjects.’

 

 

VERSE 7.216 [Subsequent Routine]

Section XVI - Subsequent Routine

 

एवं सर्वमिदं राजा सह सम्मन्त्र्य मन्त्रिभिः ।
व्यायम्याप्लुत्य मध्याह्ने भोक्तुमन्तःपुरं विशेत् ॥२१६॥

evaṃ sarvamidaṃ rājā saha sammantrya mantribhiḥ |
vyāyamyāplutya madhyāhne bhoktumantaḥpuraṃ viśet ||216||

 

Having thus discussed all this with his ministers, the king shall take exercise at midday; and having bathed, shall enter the inner apartment for the purpose of taking his food. — (216).

 

Medhātithi’s commentary (manubhāṣya):

‘Thus’ — in the manner described above; — ‘the king, having discussed all this’ — business described above, what, should be done in normal times and also in abnormal times, and what, under what circumstances — ‘with his ministers’; — ‘at midday,’ ‘he shall take exercise’ and ‘bathe’. Through the mention of bathing is rather out of place in the present context, yet it has been mentioned in view of its tending to suspiciousness (and success). For the purpose of bathing, and for that of eating, the king shall — before bathing — enter the inner apartment. It is with a view to lay down this special fact that the author has had recourse to this form of summing up. — (216)

 

Explanatory notes by Ganganath Jha:

This Verse is quoted in Vīramitrodaya (Rājanīti, p. 160).

 

Comparative notes by various authors:

Arthaśāstra (p. 94). — (See under 145.)

Yājñavalkya (1.326). — ‘Having taken steps for protection, he should rise and examine his income and expenditure; after that, having looked into suits, he shall bathe and take his food.’

Kāmandaka (7-10). — ‘Having bathed in water capable of counteracting the effect of poisons, and having decorated his person with antidotary gems, the King should take food that has been thoroughly examined, surrounded by physicians well-versed in the science of Toxicology.’

 

 

VERSE 7.217

Section XVI - Subsequent Routine

 

तत्रात्मभूतैः कालज्ञैरहार्यैः परिचारकैः ।
सुपरीक्षितमन्नाद्यमद्यान् मन्त्रैर्विषापहैः ॥२१७॥

tatrātmabhūtaiḥ kālajñairahāryaiḥ paricārakaiḥ |
suparīkṣitamannādyamadyān mantrairviṣāpahaiḥ ||217||

 

There he shall eat the food that has been thoroughly tested by such servants as are his own very self, as are conversant with the peculiarities of time, and are uncorruptible, — with such sacred texts as are destructive of poison, — (217)

 

Medhātithi’s commentary (manubhāṣya):

‘There’ — in the inner apartment.

‘Who are his own very self’, — i.e. who are as watchful of his safety as he himself would be.

‘Who are conversant with the peculiarities of time’ — who know what food and drink to give at what age and under what conditions.

‘Uncorruptible’ — who cannot be alienated; thoroughly trustworthy.

‘Servants’ — physicians and others.

The food shall be first ‘tested’ — i.e. tasted by them; and then he shall eat it.

The ‘testing’ shall be done by expert physicians by means of fire, the partridge and such other things. If poison has been mixed with the food, it becomes discolored upon drying, which shows its impurity; and when poisoned food is thrown into the fire, it loses its odour, or becomes too sour; there is a discolouring in the flame of the fire also; and if birds are given the food, they suffer in various ways; e.g. the Kokila dies at the mere sight of poisoned food; the Jīvaka becomes withered, by merely looking at poison; the eyes of the Chakora (partridge) become destroyed, — and the Muṣka (?) begins to perspire.

He shall also repeat over suspected food those sacred texts that are believed to be destructive of poisons. — (217)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 160).

 

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 161). — ‘He shall touch no food or bed or clothes or ornament until it has been tested.’

Viṣṇu (3.85). — ‘He shall not taste any food that has not been tried before.’

Kāmandaka (7.9). — ‘The King should always be careful regarding his conveyances, beds, seats, drinks, eatables, garments and ornaments and everything else. He should shun these, even if the slightest suspicion of their being poisoned is present.’

Do. (7.11, et. seq.). — ‘Bhṛṅgarāja, Śuka and Sārikā emit distressful notes at the sight of a venomous serpent. At the sight of poison, the eyes of the Chakora lose their natural hue; the Krauñca is visibly intoxicated; and the Kokila, becoming mad, perishes. At the sight of poison, a feeling of languor always takes possession of creatures.’

Examining, by means of one of those methods, his eatables, the King shall eat them.

In order to test the rice offered to him, the king shall at first throw some of it on fire, and then some to the birds and watch the effects. If there is poison in the rice the flame and fumes will assume a blue colour and there will be crackling sounds; and the birds eating the rice will die. Curry contaminated with poison soon becomes juiceless and vapid; when decocted, it yields blue spume, and then its flavour, etc., are destroyed; etc., etc., etc.’

Śukranīti (1.653-657). — ‘For fear of poisons the king should examine his food through monkeys and cocks. At the very sight of poisoned food, drakes begin to limp, bees to hum, peacocks to dance, cocks to crow, cranes to get intoxicated, monkeys to pass stools, rats to become excited, birds to vomit. Thus is the food to be examined.’

 

 

VERSE 7.218

Section XVI - Subsequent Routine

 

विषघ्नैरगदैश्चास्य सर्वद्रव्याणि योजयेत् ।
विषघ्नानि च रत्नानि नियतो धारयेत् सदा ॥२१८॥

viṣaghnairagadaiścāsya sarvadravyāṇi yojayet |
viṣaghnāni ca ratnāni niyato dhārayet sadā ||218||

 

He shall purify all his things by means of liquids destructive of poisons; and he shall be careful to wear always such gems as are antidotes against poison. — (218)

 

Medhātithi’s commentary (manubhāṣya):

‘All his things’ — all such things as clothes and the like that are to be used by the king, — ‘he shall purify by means of liquids destructive of poisons’

‘Such gems as are antidotes against poison’ — e.g. the gem on the snake’s hood, which may have been thrown ont of the month of the Garuḍa-bird.

‘Careful’ — he should never miss it.

‘Always’ — at times other than that of eating also. — (218)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 161), which explains ‘nejayet’ (which is its reading for ‘shodhayet’) as ‘should wash’

 

Comparative notes by various authors:

Viṣṇu (3.87). — ‘He shall be conversant with incantations dispelling the effects of poison and of sickness.’

 

 

VERSE 7.219

Section XVI - Subsequent Routine

 

परीक्षिताः स्त्रियश्चैनं व्यजनोदकधूपनैः ।
वेषाभरणसंशुद्धाः स्पृशेयुः सुसमाहिताः ॥२१९॥

parīkṣitāḥ striyaścainaṃ vyajanodakadhūpanaiḥ |
veṣābharaṇasaṃśuddhāḥ spṛśeyuḥ susamāhitāḥ ||219||

 

Thoroughly tested women, whose toilet and ornaments have been examined, shall serve him attentively with fans, water and incense. — (219)

 

Medhātithi’s commentary (manubhāṣya):

‘Thoroughly tested’ — examined by means of tests, as regards their character, honesty and behaviour; — ‘women’ — maids, maid-servants ‘with fans, water and incense’ — by means of these, — ‘shall serve him’ — attend upon him; and they shall have taken, their baths and performed toilets carefully; — ‘attentively’ — not having their minds diverted elsewhere.

‘Toilet and ornaments examined’, — every possibility of tricks of toilet in regard to nails, hairs and the like being thoroughly examined; sometimes weapons may be concealed, in these, by means of which they might strike the king without the least hindrance. The ‘ornaments’ have to be examined, because these may be besmeared with poison, and with these they might touch the king’s person. — (219)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 161); — and in Nītimayūkha (p. 51).

 

Comparative notes by various authors:

Kāmandaka (7.43). — ‘When the king is in the harem, the guards of the harem, whose honesty has been commended by the virtuous, and who are skilful in guard-duty, should guard him, with weapons ready for use.’

 

 

VERSE 7.220

Section XVI - Subsequent Routine

 

एवं प्रयत्नं कुर्वीत यानशय्याऽऽसनाशने ।
स्नाने प्रसाधने चैव सर्वालङ्कारकेषु च ॥२२०॥

evaṃ prayatnaṃ kurvīta yānaśayyā''sanāśane |
snāne prasādhane caiva sarvālaṅkārakeṣu ca ||220||

 

He shall exercise similar caution with regard to conveyances, beds, seats and food, as also to bath, toilet and all kinds of ornaments — (220).

 

Medhātithi’s commentary (manubhāṣya):

‘Similar’ — i.e. as regards the removal of poison. &c. — ‘caution, he shall exercise’.

The ‘bath’ referred to here is the full bath when the head is washed with such perfumes as the Rocana (the yellow pigment obtained from the bile of the cow) and the like.

The ‘seat’ has been mentioned here by way of illustration; the sense being that he should exercise the same caution with regard to the conveyance and other things that he does while seated on a carefully prepared seat. — (220)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (p. 51).

 

Comparative notes by various authors:

Viṣṇu (3-85). — ‘Let him be on his guard, whatever he may be about.’

Kāmandaka (7-9). — (See under 217.)

Do. (7.30). — ‘The King shall ride conveyances and vehicles which have either been thoroughly examined by himself, or which have been recommended by his acquaintances He should not pass through narrow and unknown roads.’

 

 

VERSE 7.221

Section XVI - Subsequent Routine

 

भुक्तवान् विहरेच्चैव स्त्रीभिरन्तःपुरे सह ।
विहृत्य तु यथाकालं पुनः कार्याणि चिन्तयेत् ॥२२१॥

bhuktavān vihareccaiva strībhirantaḥpure saha |
vihṛtya tu yathākālaṃ punaḥ kāryāṇi cintayet ||221||

 

Having dined, he shall amuse himself in the inner apartment, in the company of the ladies; and having amused himself, he shall in due time again attend to business. — (221)

 

Medhātithi’s commentary (manubhāṣya):

In that same inner apartment, he shall, with a view to divert himself, sport, as long as it pleases him, with the ‘ladies’, — his newly-wed wives.

‘In due time’ — i.e. after such time as is proper for such diversion; this is to be construed with what follows.

‘Having amused himself’ — i.e. after having shaken off his fatigue; — ‘he shall’ — either alone by himself, or in the company of ministers, — ‘ugain attend to’ such business as may present itself. — (221)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.328); — in Madanapārijāta (p. 224); — in Vīramitrodaya (Rājanīti, p. 167), — in Nītimayūkha (p. 51); — and in Nṛsiṃhaprasāda (Āhnika, p. 36a).

 

Comparative notes by various authors:

Yājñavalkya (1.328). — ‘After that he may amuse himself as he likes; or accompanied by ministers, he shall inspect the army and hold consultations with the army-commanders.’

Arthaśāstra. — (See under 145.)

Kāmandaka (7.49). — ‘Having bathed and smeared his person with unguents and perfumes, and being decked with garlands and ornaments, the king shall hold intercourse with his wife, who also has bathed and decked herself with bright garments and brilliant ornaments.’

 

 

VERSE 7.222

Section XVI - Subsequent Routine

 

अलङ्कृतश्च सम्पश्येदायुधीयं पुनर्जनम् ।
वाहनानि च सर्वाणि शस्त्राण्याभरणानि च ॥२२२॥

alaṅkṛtaśca sampaśyedāyudhīyaṃ punarjanam |
vāhanāni ca sarvāṇi śastrāṇyābharaṇāni ca ||222||

 

Duly robed, he shall again inspect the fighting men, as also all kinds of conveyances, weapons and accoutrements. — (222).

 

Medhātithi’s commentary (manubhāṣya):

Having come out of the inner apartment, he shall robe himself and ‘inspect the fighting men’ — i.e. receive their salutes; — ‘again’ — even though he may have inspected them in the morning, yet he shall inspect them again, every day. ‘Āyudhīya’ — those who live by their weapons and are, consequently, very careful regarding them.

‘All kinds of conveyances’; — ‘the inspection of these leads to their improvement, and makes the men in charge of them careful regarding their charge. Such supervision of servants is to be accompanied by proper punishments and rewards(?) — (222)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 167); — and in Nītimayūkha (p. 51).

 

Comparative notes by various authors:

Yājñavalkya (1.328). — (See under 221.)

Viṣṇu (3.86). — ‘He shall be splendid in apparel and ornaments.’

Śukranīti (1.734). — ‘Every day the wise king shall inspect the elephants, horses, chariots, cattle, servants, officers, provisions and soldiers; preserving and maintaining the lit and discarding the unfit.’

 

 

VERSE 7.223

Section XVI - Subsequent Routine

 

सन्ध्यां चोपास्य शृणुयादन्तर्वेश्मनि शस्त्रभृत् ।
रहस्याख्यायिनां चैव प्रणिधीनां च चेष्टितम् ॥२२३॥

sandhyāṃ copāsya śṛṇuyādantarveśmani śastrabhṛt |
rahasyākhyāyināṃ caiva praṇidhīnāṃ ca ceṣṭitam ||223||

 

Having attended to his twilight devotions, he shall, well- armed, listen, in an inner room, to the doings of persons making eecret reports, and also of his spies. — (223)

 

Medhātithi’s commentary (manubhāṣya):

Though the attending to the twilight-devotions has already been enjoined for the three higher castes, yet it is re-iterated here, either with a view to show that for a time the king shall desist from the business of his people, or for the purpose of indicating the time for the next act.

‘In an inner room’ — in secret.

‘Persons making secret reports’, — i.e. reports pertaining to secret acts, done inside houses &c.; as also such ‘spies’ as may happen to arrive at the time.

‘Doings’ — acts; what they may have seen, heard or clone. For this purpose all these persons shall be seen at this time.

This shall be done in such a manner that other people may not know it, and that he may be enabled to take steps to meet the circumstances reported to him. It has been declared that — ‘whenever any business presents itself, it shall be attended to, and not postponed; as by the lapse of time it might become difficult, or even impossible.’ — (‘223)

 

Explanatory notes by Ganganath Jha:

‘Rahasyākhyāyinām’ — ‘Of the ministers and others making secret reports’ (Nārāyaṇa); — ‘of the citizens who may have come to make secret reports’ (Medhātithi).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 167); — in Nītimayūkha (p. 53); — and in Nṛsiṃhaprasāda (Āhnika, p. 36a).

 

Comparative notes by various authors:

(verses 7.223-224)

Arthaśāstra. — (See under 145.)

Yājñavalkya (1.329). — ‘Having performed the Twilight Prayers he shall hear the secret reports of spies; then he shall take his food to the accompaniment of singing and dancing, and then study the Veda.’

Vṛddha-Vashistha (Vīramitrodaya-Rājanīti, p. 168). — ‘Then having performed the Twilight Prayers, he shall again enter the Hall of Audience; after that the ladies of his harem shall make the evening-offerings.’

Arthaśāstra (p. 52). — ‘He shall appoint spies disguised as Kāpālika, etc.’

Śukranīti (1.677). — ‘The king should examine the spy either directly or by some artifice.’

 

 

VERSE 7.224

Section XVI - Subsequent Routine

 

गत्वा कक्षान्तरं त्वन्यत् समनुज्ञाप्य तं जनम् ।
प्रविशेद् भोजनार्थं च स्त्रीवृतोऽन्तःपुरं पुनः ॥२२४॥

gatvā kakṣāntaraṃ tvanyat samanujñāpya taṃ janam |
praviśed bhojanārthaṃ ca strīvṛto'ntaḥpuraṃ punaḥ ||224||

 

Repairing to another apartment, and having dismissed those people, he shall again enter the inner apartment, surrounded by the women, for the purpose of taking his food. — (224).

 

Medhātithi’s commentary (manubhāṣya):

From the aforesaid room, he shall go to another apartment.

‘Those people’ — the secret reporters and the rest.

‘By the women’ — maid-servants, — ‘surrounded, he shall again enter the inner apartment’. — (224).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.329); — in Vīramitrodaya (Rājanīti, p. 168); — and in Nītimayūkha (p. 53).

 

Comparative notes by various authors:

(verses 7.223-224)

See Comparative notes for Verse 7.223.

 

 

VERSE 7.225

Section XVI - Subsequent Routine

 

तत्र भुक्त्वा पुनः किं चित् तूर्यघोषैः प्रहर्षितः ।
संविशेत् तं यथाकालमुत्तिष्ठेच्च गतक्लमः ॥२२५॥

tatra bhuktvā punaḥ kiṃ cit tūryaghoṣaiḥ praharṣitaḥ |
saṃviśet taṃ yathākālamuttiṣṭhecca gataklamaḥ ||225||

 

Then, having eaten a little again, and having been recreated by the sound of musical instruments, he shall sleep and rise at the proper time, freed from fatigue. — (225)

 

Medhātithi’s commentary (manubhāṣya):

‘Kiñcit,’ ‘a little’ — is an Indeclinable.

‘Musical instrument’ — such as the Flute, the Lute, the Tabor, the Kettle-drum, the Conch and so forth; — ‘by the sound’ of these, soft and pleasing to the ear — ‘becoming recreated’ ‘he shall sleep’ — for some time; i.e. pass a proper stretch of time in sleeping. — ‘Freed from fatigue’ — i.e. having shaken off all physical discomforts — ‘he shall rise’, for attending to his affairs. — (225)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 168); — and in Nītimayūkha (p. 53).

 

Comparative notes by various authors:

Yājñavalkya (1.330). — ‘He shall he down to the sound of music, and rise from the bed also in the same manner. On rising, he shall ponder over the scriptures, as also all the business that is to be done.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 168). — ‘Retiring to the harem, he shall take some light and wholesome food, and then provided with proper guards, go to sleep to the sound of the lute and the drum.’

Kāmandaka (7.57). — ‘At the end of the day, ascertaining the routine of business for the next day, and taking leave of his attendants and having all necessary works done by maidservants, the king shall indulge in sleep moderately, grasping his weapons in his hands, and guarded by trusted relatives.’

 

 

VERSE 7.226

Section XVI - Subsequent Routine

 

एतद्विधानमातिष्ठेदरोगः पृथिवीपतिः ।
अस्वस्थः सर्वमेतत् तु भृत्येषु विनियोजयेत् ॥२२६॥

etadvidhānamātiṣṭhedarogaḥ pṛthivīpatiḥ |
asvasthaḥ sarvametat tu bhṛtyeṣu viniyojayet ||226||

 

The king, who is free from diseases, shall act up to this ordinance; but when indisposed, he shall entrust all this to his servants. — (226)

 

Medhātithi’s commentary (manubhāṣya):

‘This’ — what has gone before; — beginning with the verse ‘at midday or at midnight &c. &c.’; — all that has been laid down here, ‘he shall act up to’, — as far as he can do so, ‘When indisposed he shall entrust it to his servants’ — employ them to do it. In this manner having arranged for his own safety, he successfully carries upon his own business, as also that of his subjects. — (226)

Thus ends Discourse Seventh.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.330); — and in Vīramitrodaya (Rājanīti, p. 169), which explains ‘etat sarvam’ as ‘protection of the people and so forth’.

 

***


 

Discourse VIII - Law (Civil and Criminal)

 

VERSE 8.1 [Constitution of the Court of Justice]

Section I - Constitution of the Court of Justice

 

व्यवहारान् दिदृक्षुस्तु ब्राह्मणैः सह पार्थिवः ।
मन्त्रज्ञैर्मन्त्रिभिश्चैव विनीतः प्रविशेत् सभाम् ॥१॥

vyavahārān didṛkṣustu brāhmaṇaiḥ saha pārthivaḥ |
mantrajñairmantribhiścaiva vinītaḥ praviśet sabhām ||1||

 

Desirous of investigating cases, the king shall enter the court, with a dignified demeanour, along with Brāhmaṇas and councillors, versed in counsel. — (1)

 

Medhātithi’s commentary (manubhāṣya):

It has been laid down that the protection of the people is a duty of the king; and this duty has been described in the following text: (a) ‘As a means of livelihood, to carry arms and weapons for the Kṣatriya, and to trade, to rear cattle and agriculture for the Vaiśya, and the serving of the twice-born for the Śūdra’ — (10.79). The king who acts up to this attains unexcelled regions; and in this manner virtue prospers among the people.

Other castes also, who may be living the life of the Eṣattriya, are entitled to kingship: — ‘Whoever happens to be the protector of the people is regarded as the king, Lord-Protector; and their duty has been ordained to consist in the good of the common people.’ By ‘protection’ here is meant the removal of troubles.

Troubles are of two kinds — seen and unseen. It is a case of ‘seen trouble’ when the weaker man is oppressed by the stronger, who takes away by force his belongings; and it is a case of ‘unseen trouble’ when the latter person suffers pain in the other world, through the sin accruing to him on account of his having transgressed the law (by taking what did not belong to himself). People very often act towards pne another in hatred, jealousy and so forth, and hence going by the wrong path, they become subject to ‘unseen’ evils; and thence follows the disruption of the kingdom; since it is only the prosperity of the people that is called ‘kingdom’; so that when the people are in trouble, where would the ‘kingdom’ lie?

It is for this reason that when cases are investigated and decided in strict accordance with the ordinances of scriptures, people, through fear, do not deviate from the right path; and hence they become protected against both kinds of trouble. Then again, in as much as for the king there is no other lawful moans of livelihood except the fines imposed upon criminals, and the taxes and duties, any obstacles in the proper administration and collection of those leads the kingdom into trouble.

From all this it follows that for the sake of preserving the kingdom, the investigation of cases is necessary, and it is this that is now described.

The term ‘vyavahāra,’ ‘case,’ is the name given to that action of the plaintiff and the defendant which they have recourse to for the purpose of reclaiming their rights. Or, it may stand for the non-payment of debts and such other matters themselves, which often become the subjects of dispute and as such fit for investigation, which thus becomes the duty of the king.

The term ‘desirous of investigating’ is to be construed with ‘shall investigate the suits’ (of the next verse) and the said ‘points of dispute’ are referred to in detail again (in verse 4) — ‘Of these, the first is non-payment of debts, etc.’; the construction being that ‘he shall investigate all these matters.’

The ‘court’ is that place which is presided over by the officer going to be described below; — ‘entering’ means going into the place.

The question arising as to whether or not the king shall enter the Court, alone, unattended, the text adds — ‘along with Brāhmaṇas.’

Question. — “What does the adjective ‘versed in counsel’ qualify? It cannot qualify the ‘councillors’; as the said qualification is implied by the very name ‘councillor,’ for one who does not know the art of counselling can never be called a ‘councillor.’ Nor can it qualify the ‘Brāhmaṇas’; because since they are entrusted with the work of investigating cases, the knowledge of counsel (if prescribed) could be prescribed only for some transcendental purpose.”

To the above we offer the following reply: The qualification is of the ‘Brāhmaṇas’; if they were ignorant of counsel, they would arrive at random and wrong conclusions, and thereby bring trouble to the King, for instance, if a certain ordinary person were to file a suit against some one connected with the Chief Minister, — and the latter happens to lose the case, — then, if he were not fined, or if he were not forced to pay up the fine, the administration of justice would not be impartial; and the people would come to the conclusion that the King is cither partial or too weak-minded; — on the other hand, if the man were fined, this would displease the Chief Minister, and that also would lead to trouble among the people. In such cases, if the investigating officers happen to be ‘versed in counsel,’ then, whenever they are in any such suspense, they postpone the proceedings of the case, under some pretext, and advise the King in private, to the following effect — ‘You please do something yourself, whereby the man may be made to compromise between these two parties, — this party loses and that party wins the case, — but the case has not been disposed of by us; the decision now rests with your Majesty.’ Thereupon, the King, having come to know the facts of the case, orders the Chief Minister to the following effect — ‘Your man is going to lose his case, — but for the present the decision has been postponed, in order that your prestige may not suffer; it is for you to do something whereby the other party may be appeased and his grievance removed.’ Upon this the Minister, whose advice is accepted by all men, takes steps to stop the evil propensities of all men.

Others hold that, just as the single eye of the crow operates in both sockets, so the epithet ‘versed in counsel’ is applicable to both, ‘Brāhmaṇas’ and ‘councillors,’ but in different senses: when qualifying the ‘councillors,’ being ‘versed in counsel’ connotes the knowledge of the details of the cases; and when qualifying the ‘Brāhmaṇas,’ it connotes impartiality.

The Brāhmaṇas and the Councillors are not to enter only; but they are to help, in the best manner they can, in the ‘investigating of suits’ (spoken of below). If this were not meant, then their ‘entering’ could only be intended to serve some transcendental purpose. Thus the sense is that the King shall not decide cases by himself alone, but in consultation with the councillors and Brāhmaṇas.

‘With a dignified demeanour’; — i.e., free from fickleness of speech, hand and feet. If he were fickle, there would be trouble.

The use of the term ‘pārthiva,’ ‘king,’ implies that the teaching here addressed is meant not only for one who is Kṣatriya by caste, but for others also, who may happen to be owners of land and a kingdom. Because unless he dues what is here laid down his sovereignty does not become duly established. — (1)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 600), which explains ‘mantrajñaḥ’ as ‘arthaśāstrajñaḥ’, ‘learned in the Science of Polity’, and deduces the sense that the person who tries cases should act up to the principles of the Science of Polity, in so far as they are not incompatible with the Dharmaśāstra, the Ethical Science.

It is quoted in Parāśaramādhava (Vyavahāra, p. 18), to the effect that having entered the court, the king shall carry on the work, in association with learned men and with councillors; — in Vyavahāramayūkha (page 2) in Nṛsiṃhaprasāda (Vyavahāra, p. 1b): — in Kṛtyakalpataru (3a), which has. the following notes — ‘Vyavahārān’, points of dispute between the plaintiff and the defendant, — ‘didṛkṣuḥ’, with a view to determine, — ‘pṛthivīpatiḥ,’ includes non-Kṣatriyas also, — ‘mantrajñaiḥ’, persons conversant with the method of doing business in due accordance with the exigencies of time and place, — this qualifies ‘brāhmaṇaiḥ’, ignorant Brāhmaṇas being prone to give hasty advice and thereby create trouble, — ‘mantribhiḥ’ stands for experienced councillors; — and in Vīramitrodaya (Vyavahāra, p. 4a).

 

Comparative notes by various authors:

(verses 8.1-2)

Gautama (13.26). — ‘The king or the judge ora Brāhmaṇa learned in the scriptures shall examine the witnesses.’

Vaśiṣṭha (16.2). — ‘Let the king or the minister transact the business on the bench.’

Viṣṇu (3.72). — ‘Let the king try causes himself, accompanied by well-instructed Brāhmaṇas.’

Do. (71.60). — ‘Near the Fire, Deities and Brāhmaṇas, he shall raise the right arm.’

Yājñavalkya (1.359). — ‘Every day, he shall look into cases himself, surrounded by members of the Assembly.’

Do. (2.1). — ‘The king shall try causes, accompanied by learned Brāhmaṇas, in strict accordance with legal scriptures, — being free from anger and avarice.’

Yama (Aparārka, p. 596). — ‘The king, assisted by the minister, free from all love and hatred, shall carefully look into the causes of contending parties.’

Nārada (Do. p. 599). — ‘The king composedly looking into cases himself obtains bright fame here and reaches the regions of Indra.’

Śukranīti (4.5.7, 9-13). — ‘Vyavahāra i s that which, by discriminating the good from the evil, ministers to the virtues of both the people and the king, and furthers their interests. The king should attentively look after law-suits, freeing himself from anger and greed, according to the dictates of the legal scriptures, — in the company of the Judge, the Minister, the Brāhmaṇa and the Priest. He should never singly try cases of two parties, or hear their statement. Neither the wise king nor the Councillors are to hold a trial in secret.’

Śukranīti (4.5.85). — ‘The King should enter the court modestly, together with the Brāhmaṇas and the Ministers versed in state-craft, — with the object of investigating cases.’

Kātyāyana (Smṛticandrikā-Vyavahāra). — ‘The King shall be accompanied by those permanent members who are experienced, having hereditary connections, the best of the twice-born, expert in the sacred law and in the science of polity.’

Kātyāyaṇa (Parāśaramādhava--Vyavahāra, p. 17). — ‘That place is called Dharmādhikaraṇa, Court, where the truth regarding suits is investigated in pursuance of the legal scriptures. — The king shall enter the court after having finished all his daily duties, and after having duly honoured, with flowers and ornaments, his preceptor, astrologers, physicians, deities, Brāhmaṇas and Priests.’

Do. (Vīramitrodaya-Vyavahāra, p. 14). — ‘If the King looks into lawsuits, with the assistance of the Judge, the Minister, the Brāhmaṇa and the Priest, he attains heaven.’

Do. (Vyavahāratattva, p. 2). — ‘Accompanied by the Judge, the Minister, the Brāhmaṇa and Priest, the King himself shall determine their victory or defeat.’

Bṛhaspati (1.4-5). — ‘The king, his chosen representative Judge, other Judges, the Law, the Accountant and the Scribe, Gold, Fire, Water, and the Bailiff are the ten components of the Court; in which the King examines causes with due attention.’

Do. (1.20 et. seq.). — ‘Let the King try causes, attended by these Judges, after having entered the Court, in a sitting or standing posture. Having risen early in the morning and performed ablutions according to rule, and having honoured the elders, astrologers, physicians, deities, Brāhmaṇas and domestic priests.’

Do. (27.25). — ‘Let the King every day examine in common with learned Brāhmaṇas, the suits preferred by litigants, as also those instituted by the King himself.’

 

 

VERSE 8.2

Section I - Constitution of the Court of Justice

 

तत्रासीनः स्थितो वाऽपि पाणिमुद्यम्य दक्षिणम् ।
विनीतवेषाभरणः पश्येत् कार्याणि कार्यिणाम् ॥२॥

tatrāsīnaḥ sthito vā'pi pāṇimudyamya dakṣiṇam |
vinītaveṣābharaṇaḥ paśyet kāryāṇi kāryiṇām ||2||

 

There, either seated or standing, raising his right hand, subdued in dress and ornaments, he shall look into the suits of the suitors. — (2)

 

Medhātithi’s commentary (manubhāṣya):

‘Sealed’ — sitting on the judgment-seat.

‘Standing’ — not moving, nor seated.

‘Sitting’ and ‘standing’ constitute the only two possible alternatives, to be adopted in accordance with the gravity of the business. If the suit is an important one, and there is much to be said (by the parties), he shall he seated; whereas if the suit is a light one, and there is not much to be said, he shall remain standing. in either case, moving about is absolutely precluded. While moving, his attention would be fixed upon the path he is treading, so that he could not rightly grasp what is being said by the two parties.

Others have explained that the rule here laid down is with a view to some transcendental results; and that what is meant is that when the parties consist of ascetics or Brāhmaṇas, and these remain standing, the King also shall remain standing, but on their being seated, he also shall be sealed.

‘Raising his hand’ — i.e., holding the hand high. This (if taken literally) would militate against what the Sūtra-kāras have said regarding the upper garment being always under the right arm. Hence all that the text means is that the hand shall he lifted up, and not allowed to be in contact with any other person near at hand. In fact, this is to be done only when the King is disallowing a certain question. This shows that he is alert and carefully watching the proceedings of the case. For as a rule, whenever a man is devoting great attention to any work, he holds his arms high. If, on the other hand, he sits at ease, the defeated party is likely to say — ‘The King does not pay attention to the case, hence the members of the court, not fearing him, have decided the case against us.’

‘Hand’ here stands for the arm; otherwise if one were to keep the hand only lifted up throughout the proceedings, this would be extremely painful. Nor is the advice offered with a view to any transcendental purpose.

‘Subdued in dress and ornaments’ — What was meant by ‘dignified demeanour’ in the preceding verse was that he should keep control over his external and internal organs in relation to their respective objects; and this was with a view to being easily accessible to even the most modest suitors. If he were too gaudy in his appearance, it would be difficult for the more modest suitors to retain their presence of mind.

It is for this reason that gaudy dress and ornaments should be avoided. ‘Dress’ stands for the making up of the hair and clothes; ‘ornaments’ for ‘Karṇikā’ (the lotus-shaped Ear-ornament) and the rest. So ‘gaudy dressing’ would consist in the wearing of richly-coloured clothes and so forth. If the King is gaudily dressed and wearing brightly be-jewelled ornaments, it could be as difficult to look at him as at the sun, for ordinary people, specially for the accused (who would thus lose their presence of mind during the trial).

‘Look into.’ — This declares the purpose for which the King; is to enter the Court-room.

This teaching regarding the King himself ‘looking into’ the suits is with special reference to the inflicting of punishments; and applies to the entire investigation, ending with the full setting forth of the statements of both parties. And the intention is that by doing this he would be fulfilling his duty of ‘protecting’ the people. Such ‘looking into’ cases not being possible for other persons, no one else could be entitled to it. As for helping in the settling of doubtful points, this result of the investigation interests all persons; and as such like the rules relating to expiations, this also falls within the province of the learned Brāhmaṇa; specially as in connection with the latter it has been declared that ‘he shall speak out on difficult points of law.’ Similarly when a case is being investigated where the parties belong to the same profession, — such for instance as traders, cultivators, cattle-breeders, etc., — if other persons belonging to the same profession And that the points in dispute are such as would affect them all, then they are all entitled to take part in the investigation.

In this connection they declare as follows (Nārada, 1.8) — ‘(a) Families, (b) Guilds, (c) Tribes, (d) Authorised person, and (e) the King constitute the very foundation of case-proceedings; and among these the following is superior to the preceding.’

Of these,

(a) the term ‘families’ stands for the body of relations; the parties shall not deviate from the decision arrived at by these,

(b) If however one party should have no confidence in these, and should say — ‘these persons are more nearly related to you,’ — then the case shall he referred to the guilds, — this term ‘guild’ standing for a body of trailers and others who may he following the same profession; these persons are weightier than relatives; because the latter, through fear of relations, do not always exercise a check upon the person who deviates from the right path; while the members of a guild fight shy of any matter relating to themselves going before the King, as that would lend the King’s officers ah opportunity for interfering in the work of their guild; and hence they always take from the parties concerned sufficient security against their deviating from the decision arrived at, before they proceed to investigate a dispute; the understanding with the person standing security being that if the party deviate from the decision arrived at by the guild, he shall pay a stipulated line, or he should not let him deviate from it.

(c) ‘Tribes’ — consist of persons who always move about in groups; e.g., masons, temple0priests, and so forth. They would investigate the cases of disputes arising among themselves; and for the enforcing of decisions they shall appoint committees. The difference between these two (‘Guilds’ and ‘Tribes’) is that the former consists of persons following the same profession and they can act singly also, whereas Tribes always act collectively. And it is because the Tribes act collectively that the disputants are afraid of them. According to others however, the term ‘Families’ stands for neutrals; and such persons, even though not members of the same guild, are conversant with all the ins and outs of the case, and as such capable of coming to a decision,

(d) The term ‘authorised person’ stands for the Brāhmaṇa learned in the Vedas; it has been laid down that such Brāhmaṇas are entitled to speak on all disputed points of law. Such a person is superior to the foregoing, because of his learning.

(e) The King’s superiority rests upon his great power. It is for this reason that when a case has been decided by the learned King, there is no occasion for what is laid down in the following words — ‘If a party, even though legally defeated, thinks that he has not been justly defeated, he shall be fined twice the amount of the suit, and the case re-opened’ (Yājñavalkya, Vyavahāra, 306); this is what applies to other cases (decided by others), For in the case of these latter there may he some ground for asserting that ‘the judges have not decided rightly’; but when the King himself has decided it, what can he said against it?

Another explanation of the term ‘authorised person’ is that it stands for the Brāhmaṇa who has been appointed by the King to act as his substitute. Similarly the ordinary householder also would be an ‘authorised person,’ so far as his own household-affairs are concerned, — this being in accordance with the declaration that ‘the householder is master in his own house,’ which means that ho is free to deal with all disputes within his own household, up to the infliction of punishment, — specially with a view to proper discipline among his children and pupils; but he may deal with all cases, except the inflicting of bodily punishment, or the doing of acts conducive to depravity. What is meant is that in the case of minor offences the householder himself acts like the King, while in that of serious offences, it is necessary to report to the King.

From all this it follows that there is no basis for the doubt raised by some people regarding the right of the Brāhmaṇa and others to pronounce judgments, — on the ground that the injunction contained in the present verse that the King ‘shall look into the suits’ precludes all other persons, — or, for the great trouble that they have taken to establish that right. Because the right of the several persons pertains to different kinds of cases. The King’s right exteṇḍs up to the infliction of punishments, while that of the Brāhmaṇa and others extends only up to the pronouncing of judgments, — this latter right is distinct from the former. Then again, the motive of the King in looking into cases consists in the proper administration of his kingdom, while that of the others lies only in settling doubtful points for the benefit of other people. So that there is no possibility of cross-purposes arising.

The ‘suits of sailors’ consist in the settling of disputes. Whenever disputes arise between two persons, settlements should be brought about by the King by means of careful investigation. Otherwise if the parties come to an agreement themselves, where would he the supremacy of the King? — (2)

 

Explanatory notes by Ganganath Jha:

‘Raising his right arm’ — See 4.58.

This verse is quoted in Aparārka (p. 600); — the second half in Vyavahāramayūkha (p. 2); — in Parāśaramādhava (Vyavahāra, p. 18) in Nṛsiṃhaprasāda (p. 2a); — in Smṛticandrikā (Vyavahāra, p. 52), which says that ‘seated or standing’ is meant to predude lying down and walking; — in Kṛtyakalpataru (3a), which has the following notes: — ‘Vinīta’ is calm and dignified’ — ‘pāṇimudyamya’, taking the hand out of the upper wrapper, i.e., having gathered together his clothes, — ‘paśyet’ determine, decide, — ‘kāryāṇi,’ non-payment of debt and so forth; — and in Vīramitrodaya (Vyavahāra, p. 40).

 

Comparative notes by various authors:

(verses 8.1-2)

See Comparative notes for Verse 8.1.

 

 

VERSE 8.3

Section I - Constitution of the Court of Justice

 

प्रत्यहं देशदृष्टैश्च शास्त्रदृष्टैश्च हेतुभिः ।
अष्टादशसु मार्गेषु निबद्धानि पृथक् पृथक् ॥३॥

pratyahaṃ deśadṛṣṭaiśca śāstradṛṣṭaiśca hetubhiḥ |
aṣṭādaśasu mārgeṣu nibaddhāni pṛthak pṛthak ||3||

 

[He shall look into the suits] — day after day, one by one, — falling as they do under eighteen heads, — according to principles deduced from local usage and from the scriptures. — (3)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse describes the means of forming a decision, and the second mentions the number of the heads of dispute.

The verb ‘shall look into’ of the preceding verse has to be construed with the present verse, — as also the noun ‘the suits’; the full sentence being ‘day after day he shall look into the suits’; i.e., every day he shall decide cases.

‘According to principles.’ — ‘Principles’ are the means of coining to a decision; and they are of two kinds — (l) in the shape of evidence and (2) in the shape of custom. The means leading to decisions that are in the shape of ‘evidence’ are in the form of witnesses and so forth; and those in the form of rules are such as — (a) ‘the investigation of a suit can be regarded as complete only when precise decision has been arrived at regarding its subject-matter.’ A single witness, who is true to his oath, and who has been cited by both parties, who have also vouched for his veracity, — even though he may not have been examined by the members of the court, — becomes a reliable means of arriving at the right decision; but no decision can ho arrived at on the strength of the words of any such single person as is not known to be truthful and has not been examined, as there is in the former ease; and hence such a single witness cannot he regarded as helping the forming of a decision, even though the persons investigating the case may be agreed upon it.

Customs also are of two kinds — general and special. These again are of two kinds — congruous and incongruous, in reference to places and times. As an instance of the ‘Congruous’ custom we have (a) the case where among certain people of the South, a childless woman, on the death of her huśand, goes up to the pillar of the court of justice, and while there, if, on being examined by the officers of the court, she is found to be untainted and possessed of the necessary qualifications, she obtains her inheritance; — or (b) the case where among the people of the North, if food is given to a person seeking for a bride, then she becomes betrothed to him even though the actual words ‘I shall give her to you’ may not he uttered. And as an instance of the ‘incongruous’ rule, we have (a) the case where in some countries grains are lent out during the Spring, and double the quantity is realised during the Autumn, — or (b) when an article is mortgaged on the understanding that it shall be enjoyed by the mortgagee, even if the total amount of debt accruing become double of the price of that article, and the total from the very beginning is paid in gold, yet the enjoyment of it remains unmolested; — now all this is ‘incongruous,’ being incompatible with the law that ‘the interest shall accumulate to only 80 per cent.’ (Yājñavalkya, Vyarahāra, 37), and that ‘the accumulated interest shall not exceed the double of the principal’ (Manu, 8.151).

These customs based upon the nature of the countries affected are what are mentioned in the text by the words ‘principles based upon local usage’; and as regards the ‘principles based upon scriptures,’ these are declared in the scriptures themselves. Of these latter some are rules that have been propounded by the writers themselves, while others only codify the actually existing state of things. As an instance of the rule propounded by the writers we have — (a) ‘Facts are ascertained in accordance with written documents, possession and witnesses,’ — as says manu (8.41) ‘Just as the hunter infers the position of the prey by means of the drops of blood (so should the king infer the facts of a case).’ Though no worldly usage can be regarded as authoritative as against the word of scripture-writers, yet in certain cases it becomes necessary to have recourse to the words of ordinary men of the world; e.g., ‘under such and such conditions such and such an ordeal should be had recourse to,’ ‘weight is to be attached to possession lasting for such a time.’ Such rules, even though based upon ordinary usage, are included under ‘principles based upon scriptures’ But among such rules, those are to be regarded as authoritative which are found to have some support in the scriptural texts; while those that are found to be without such support are not to be so accepted. For instance, there is the rule regarding the order of words in documents — ‘By me, entreated by both parties, who am the son of so and so, this has been written by so and so — thus exactly shall the scribe write down’ (Yājñavalkya, Vyavahāra, 88). In reality however, there would be no harm if the scribe were to write down his own name first — ‘I so and so, the son of so and so, am writing this.’ Because the only purpose for which he writes all this is with a view to show that the document has been written by such and such a person; so that so long as the name of the scribe is put down, there is nothing objectionable in it. If the scribe is known, from other sources, to be a trustworthy person, then what is written by him is regarded as reliable; so that if he were to omit the name of his family, and thus fail to indicate precisely who he is, whose reliability would the persons concerned investigate, on the basis of other sources of information? But if from his writing, or by some other means, the writer be recognised as a particular well-known scribe, then there would be no harm even if he were to omit his indicative characteristics. In this case, even if the scribe were to omit to write that ‘this has been written by me, so and so,’ there would be enough to indicate who the writer is. And it is in such cases that the examination of the scribe comes useful; and he becomes counted among ‘witnesses,’ specially when there are few other witnesses. When however there are many trustworthy witnesses ready at hand, there is not much use in investigating the trustworthiness of the scribe.

Similarly there is another rule — ‘Documentary evidence is rebutted by documentary evidence, and witnesses (oral evidence) by witnesses; documentary evidence is superior to witnesses; hence witnesses are rebutted by documentary evidence.’ (Nārada, 1.145). For this rule also there is no foundation. For ‘documentary evidence’ is of two kinds: (1) written by the party himself, and (2) written by another person. The latter again is of two kinds — (a) written by a scribe who volunteers to do the writing, and (b) written by an authorised scribe. The document written by another person again is, in every way, of the nature of a witness; so that there is no ground for the distinction made by the rule, in the words ‘documentary evidence is superior to witnesses,’ specially because the ‘witness’ has been thus defined (by Yājñavalkya, Vyavahāra, 87) — ‘The witnesses shall, with their own hands, write down their names, preceded by the names of their father, adding that I, so and so, am a witness.’ Similarly, no reliability attaches to what has been written by a single man, just as it does not attach to a single witness. It might be argued that it is only when ‘witnesses’ set down their hands to something that they become ‘documentary evidence.’ But this difference cannot make the one ‘superior’ to the other. Because trustworthiness is the only ground for ‘superiority’; and this trustworthiness is equally yet to be examined in both cases. It is for this reason that in a case when there is a conflict between the two kinds of evidence, the judge should accept that which is the more numerous of the two. ‘Being authorised’ also cannot be regarded as a ground of distinction; because even so, the ‘superiority’ could only consist in the fact that it is only one who has been tested that is ‘authorised’; but as a matter of fact, all persons ‘authorised’ by the King are not necessarily thoroughly ‘tested.’ If some one happened to be possessed, of extremely high qualifications and were absolutely free from all defects, then he, even alone, could be accepted as sufficient corroboration. As for instance, the deeds of land-grants bestowed by the King are accepted as authoritative, even though written by a single Kāyastha scribe. In a case where there is documentary evidence written by the hand of the person who is not paying a debt, wherein he admits that ‘I have received so much from this person, and so much has to be paid to him,’ — if he should happen to deny it and say ‘I have not received anything from him,’ — then the party producing the aforesaid document wins the case outright, and there is no occasion for the appearance of any witnesses at all.

“It is only on the strength of the man’s writing that it is concluded that the debt is admitted by him, — and subsequently also the same man asserts, that he has not received anything; now between these two assertions, on what grounds is the latter rejects in favour of the former, and not the former in that or the latter, — both of them being equally open to doubt, by reason of mutual contradiction? In fact under such circumstances it is only right that other kinds of evidence should he called in.”

This would be so, if there were equality (between the two assertions). As a matter of fact, however, the assertion ‘I have not received anything’ may he due to the man’s avarice and such other causes; whereas the assertion ‘I have received such and such a thing’ could never he made by any sane person without having actually received it. In the case in question, even if the man were to say that he has repaid the debt, but did not obtain the written acquittance receipt, either because a writer was not at hand, or because being engaged in some other business he was in a hurry, — even so there would be no need and occasion for the calling of any further evidence, in the shape of witnesses, etc.

As regards the dictum quoted above (from Nārada), it cannot set aside a conviction derived from the very nature of things.

For instance, it is often found that people go on repaying debts due to rich persons, and yet do not have the payments noted on the back of the document, the idea in the man’s mind being either that ‘so much I have paid to-day, and tomorrow I shall bring in more and then have the total sum entered at the same time,’ or that ‘in a few days I shall repay the entire amount and then have the document torn off’; — but when pressed by the rich creditor, he may be unable to clear off the entire debt, and the only amount paid remains what had been on the first day, the creditor would deny even that payment on the ground that the receipt was not given; — now in this case if the court were to insist upon the dictum that ‘documentary evidence can be rebutted only by documentary evidence,’ — then how could it take into consideration at all the possibility of force or fraud (on the part of the influential creditor)? for there is no possibility of any documentary evidence; and in this case, even though there is documentary evidence on one side, yet, for the purpose of coining to a right conclusion, other forms of evidence are called in; and the same could be done in other cases also. For instance, in a certain case, one of the parties (the debtor) might say — ‘trusting this man, I executed this deed for the entire sum, and the creditor told me that I may receive a part of the sum that day, as for certain reasons he was not in a position to pay the whole sum then, and that he would pay the balance the next day; but the sum paid on the first day was all that he gave me, and the balance was never paid’; and in this case there is certainly an occasion for the calling in of other kinds of evidence. And if the debtor can produce witnesses in corroboration of his statement, then the document (produced by the creditor) becomes impugned, and it becomes necessary for the creditor to prove that he did pay the balance the next day. If the conversation between the parties (regarding the part payment) were held in private (and there be no witnesses to corroborate the statements one way or the other), — then there comes the occasion for having recourse to ordeals. If however there be no full confidence in ordeals, — on the ground of these being not always infallible, — then decision should he arrived at by means of oaths.

“If such be the case, then the document written by the man’s own hand becomes untrustworthy, since it stands in need of corroboration by other kinds of evidence. And this is contrary to the dictum that ‘even without witnesses, what is written by the man’s own hand should be conclusive evidence.’ It is on the analogy of this same reasoning that in a case where a person has not seen the sum being actually paid by the creditor, but in his presence the debtor has admitted that ‘such and such an amount has been received by me from him,’ — such a person is accepted as a real ‘witness’; though in this ease it is open to the debtor to say ‘it was through my trust in the man that I admitted the payment.’”

This argument we have already answered by saying that mere incompatibility with a Smṛti-text cannot set aside the real facts of the case. In certain cases the aforesaid statement (of the debtor — that ‘I repaid a certain sum but did not have it entered on the back of the document’) could be wholly out of place; and in such cases, the document would certainly be accepted as reliable evidence. For instance, in a case where the document has remained in the creditor’s hands for a long time, the question naturally arises if the debtor really repaid the debt, why did he not seek out the document and receive it back; such a matter cannot be neglected or overlooked for such a long time; and from this it is inferred that what the debtor states is a lie.’ It is in view of this that it has been laid down that ‘if there has been any wrongful force used in regard to any business, one should report it to the King either at once or within three days.’ Again, in a case where there is mortgage, but the exact period of the mortgage is not definitely fixed, and dispute arises on that account, if there is a document written by the debtor, but without witnesses, — it is not open to the debtor to assert — ‘you said this (made this condition) at the time through your love (for the thing), but now please give up to me the mortgaged article’; nor would this be an occasion for his making the statement referred to above — viz., ‘I executed the deed, the man said he would give me the sum mentioned therein, but he never actually gave it to me’; because if the debt was not advanced, why did he permit the creditor to retain and make use of the mortgaged article?

“If such be the case, then the evidence in the case would consist of the said possession accompanied by the document; while what the writers on law declare is that possession by itself is sufficient evidence; as assorted in such texts as —

‘Documents, witnesses, possession, etc., etc.’ (Yājñavalkya, Vyavahāra, 22).”

Why is this objection urged against us, when we have already answered it: What is accepted as evidence is possession for a definite period of time, and not mere possession. What the texts state is — ‘Whatever is retained for ten years, etc.’ (manu, 8.147), and ‘One loses possession of a landed property, if for twenty years he perceives and speaks of it as being actually possessed by another person’ (Yājñavalkya, Vyavahāra, 24).

“What then is the exact meaning of the dictum that ‘documentary is rebutted only by documentary evidence?’”

Others have explained this to mean (a) that when there is a doubt regarding the writer of a certain document, as to whether or not it has been written by a certain person, this can he ascertained only with the help of another writing obtained from that person; — (b) that where the deed has been written before a certain witness, the doubt as to whether or not it has been written by the man can be removed only by means of witnesses; as the latter are the only evidence possible in the case; so that in this case there is no use in producing another writing of the man; — (c) that in a case where the payment of the debt is being intentionally withheld, documentary evidence is superior to mere witnesses; because it is possible for witnesses to forget things, or to collude with one party or the other, or become tainted with some defect which would disqualify them as proper witnesses; as for the document on the other hand, this would he in charge of the plaintiff and as such perfectly safe; and thus it is that documentary evidence is superior to witnesses. This is what is meant by the dictum that ‘witnesses are rebutted by documentary evidence’; because even though the man may have forgotten a certain fact, if he sees some writing of his own bearing testimony to it, he is convinced of its being true; or when the witnesses are all dead, if their writing is recognised, it is accepted as evidence.

Other explanations have been supplied by Bhartṛyajña, and may be learnt from his own work.

Though it is true that in all cases Smṛti-texts form the source of authority, yet rules have to be laid down for meeting special cases; and it cannot be right to depend entirely on Smṛti-texts; specially because it cannot be said that the Smṛti-texts bearing upon legal proceedings are all based upon the Veda; because the winning or losing of cases deals with well-accomplished things (while the Veda bears upon things to be accomplished) and is amenable to Perception and other forms of cognition; — e.g., that ‘one who acts like this is defeated, while he who acts thus wins’ is a well-accomplished fact. Even the few indications of these that are found in the Veda are to be regarded as being on the same footing as the assertion — ‘One desiring freedom from disease should eat the Harītakī (which only describes a perceptible fact). the exact significance of such Injunctive Vedic passages has been discussed by us in the section on the ‘Purification of things’ (under Discourse 6, Verse 110 et seq.); hence we are not going to do the same thing over and again.

The objects of dispute fall within eighteen ‘heads’; it is only with regard to these that disputes arise among men. Mutually nugatory acts are not conducive to the fulfilment of any useful purpose, — as we are going to show later on.

Each of these eighteen ‘heads’ is important by itself; as each by itself becomes the object of dispute, and no one of them is included in any other. The various ramifications of these are included under each head; if these ramifications were to be enumerated separately, there would be thousands of them. — (3)

 

Explanatory notes by Ganganath Jha:

‘Vināpi sākṣibhiḥ etc.’ — (Medhātithi, p. 793, l. 24) — This is a clear reference to Yājñavalkya (Vyavahāra, 89).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 18), and again on p. 31, in support of the view that the king shall decide cases relating to all the eighteen points of dispute, on the basis of local customs and also of ordeals and other methods prescribed by the scriptures; — in Nṛsiṃhaprasāda (Vyavahāra, p. 2a); — in Smṛticandrikā (Vyavahāra, p. 57); — in Kṛtyakalpataru (3a), which has the following notes: — ‘Deśadṛṣṭa hetu’ are those special means of coming to a decision which are effective in the place concerned, — of the custom obtaining among the people of the North and those of the Central land, of feeding the person who comes to ask for the hand of a girl, which feeding means a distinct promise to marry the girl, — ‘śāstradṛṣṭa hetu’ stands for witnesses and the rest; — and in Vīramitrodaya (Vyavahāra, p. 4a).

 

Comparative notes by various authors:

Gautama (II. 19-24). — ‘His administration of justice shall be regulated by the Veda, the institutes of the sacred law, the subsidiary sciences and the Purāṇa; the local laws, the customs of castes and families — which arc not opposed to the sacred laws — have also authority. Cultivators, traders, herdsmen, money-lenders and artisans have the authority to lay down rules for their respective classes. Having learnt the state of affairs from those who have authority to speak, the King shall give the decision. Reasoning is a means for getting at truth; coming to a conclusion through that, he shall decide properly.’

Vaśiṣṭha (1.17). — ‘Manu has declared that the peculiar laws of countries, castes and families may be followed in the absence of revealed texts.’

Do. (16.4-5). — ‘Let him reason properly regarding an offence; he who reasons properly regarding an offence, in accordance with the sum of the science of the first two castes is equitable towards all living beings.’

Kātyāyana (Parāśaramādhava, p. 31). — ‘The King shall decide suits according to the Śāstras; where there are no texts to guide him, he shall decide in accordance with local custom.’

Bṛhaspati (1.23). — ‘Having entered the Court in the forenoon, together with elders, ministers, and attendants, he should try causes and listen to expositions of the Purāṇas, Law-codes and Rules of Polity.’

Do. (1.33). — ‘People who arc ignorant of the customs of the country, unbelievers, despisers of the sacred books, insane, irrate, avaricious or diseased should not he consulted in the decision of causes.’

Do. (27.24). — ‘Such customs as are not opposed to the laws of the country and castes or other corporations — the King should establish in accordance with the sacred law.’

Nārada (3.5). — ‘The members of the royal court of justice must be acquainted with the sacred law and with rules of precedence, — noble, not avaricious and impartial towards friend and foe.’

Matsyapurāṇa (Rājadharma, 215.50). — ‘He shall attend upon Brāhmaṇas versed in the Veda and the sciences.’

Agnipurāṇa (234.7-9). — ‘He shall then see the preceptor and having received his blessings, enter the Court; therein he shall see the Brāhmaṇas, Ministers and Councillors; and then proceed to try the law-suits, holding consultations with the Councillors.’

Bṛhaspati (Smṛticandrikā-Vyavahāra). — ‘Suits shall be decided by the king or by the learned Brāhmaṇa appointed as Judge.’

 

 

VERSE 8.4-7 [The Eighteen Heads of Dispute enumerated]

Section II - The Eighteen Heads of Dispute enumerated

 

तेषामाद्यं ऋणादानं निक्षेपोऽस्वामिविक्रयः ।
सम्भूय च समुत्थानं दत्तस्यानपकर्म च ॥४॥

वेतनस्यैव चादानं संविदश्च व्यतिक्रमः ।
क्रयविक्रयानुशयो विवादः स्वामिपालयोः ॥५॥

सीमाविवादधर्मश्च पारुष्ये दण्डवाचिके ।
स्तेयं च साहसं चैव स्त्रीसङ्ग्रहणमेव च ॥६॥

स्त्रीपुन्धर्मो विभागश्च द्यूतमाह्वय एव च ।
पदान्यष्टादशैतानि व्यवहारस्थिताविह ॥७॥

teṣāmādyaṃ ṛṇādānaṃ nikṣepo'svāmivikrayaḥ |
sambhūya ca samutthānaṃ dattasyānapakarma ca ||4||

vetanasyaiva cādānaṃ saṃvidaśca vyatikramaḥ |
krayavikrayānuśayo vivādaḥ svāmipālayoḥ ||5||

sīmāvivādadharmaśca pāruṣye daṇḍavācike |
steyaṃ ca sāhasaṃ caiva strīsaṅgrahaṇameva ca ||6||

strīpundharmo vibhāgaśca dyūtamāhvaya eva ca |
padānyaṣṭādaśaitāni vyavahārasthitāviha ||7||

 

Of these the first is (1) Non-payment of Debt; (then) (2) Deposits, (3) Selling without ownership, (4) Joint concerns, (5) Non-delivery of what has been given away, — [4] — (6) Non-payment of wages, (7) Breach of Contract, (8) Recision of Sale and Purchase, (9) Dispute between the Owner and the Keeper, — [5] — (10) Disputes regarding Boundaries, (11) and (12) Assault, physical and verbal, (13) Theft, (14) Violence, (15) Adultery, — [6] — (16) Duties of man and wife, (17) Partition, and (18) Gambling and Betting; — these are the eighteen topics that form the basis of law-suits. — (4-7)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.4-7)

‘Non-payment of debt’ is regarded as ‘first,’ foremost, only by reason of the order in which the several heads are found mentioned in the law-books. Or ‘first’ may mean ‘the most important,’ — its ‘importance’ lying in the fact that it affects even those who live in the forests.

Connected with the ‘non-payment of debt’ is also the subject of the ‘non-granting of the acquittance-receipt’; when, for instance, the debtor says to the creditor ‘I have repaid your debt, now let me have the acquittance receipt.’ This ‘nongranting of the acquittance-receipt’ is not the same as the ‘non-payment of debt’; but though not directly denoted by that term, it is implied by it.

What are included under the head of ‘non-payment of debt’ are thus enumerated (by Nārada, 3.17) — ‘What debt is payable and what non-payable, — when, how and to what extent? — as also the methods of delivery and receipt.’

Now ‘payable debt’ is that contracted by one’s self, that, contracted by his father, and by one whose property he inherits.

‘Non-payable debt’ is that contracted by one’s self, if (along with the interest) it exceeds the double of the principal, or that contracted by his father in gambling, etc.,’ as declared in the text — ‘That contracted by the son, or husband or father, etc.’ (Says Nārada, 3.17) — ‘A woman may not pay the debt contracted by her husband, or by her son, unless she has promised to pay it, or if the debt he one contracted by her jointly with her husband.’ Though all this is included under ‘payable debt,’ yet when it happens to be such as is contracted in gambling, etc., then by itself, irrespective of all other peculiar circumstances, it becomes ‘non-payable’; but all this ‘payability’ or ‘non-payability’ is in relation to the person called upon to pay; and bonce the names ‘payable’ and ‘non-payable’ may he taken as similar to the expression ‘gobalībarda’ (i.e., generally speaking, by itself, the debt is payable, but under special circumstances, pertaining to the person and the relationship to the original debtor, etc., it becomes non-payable).

‘To what extent’ (in Nārada’s text) means — ‘up to the limit of the double of the principal’; the distinction here also being as before. If we read ‘yatra’ (in Nārada’s text), this term would refer to the place and time of payment; the idea being that the debt shall he repaid where it was taken; but if the creditor so wish it, it may he paid at another place also. The time of payment also should as nearly as possible be the same. As regards time, it has been said that there is no desire to repay debts during the Autumn, the most suitable time being either the Summer, when the harvest has been gathered in, or whenever an income is expected.

‘How’ (in Nārada’s text); — i.e., so far as possible, the entire debt shall be paid; if this be not possible, then by instalments, till the whole is cleared off; and lastly, in the event of the debtor being entirely reduced to penury, he shall clear off the debt by service, as declared in verso 177 below.

‘The methods of delivery and receipt,’ — i.e., the signature of witnesses, the execution of deeds and so forth.

‘Assaults, physical and verbal’ (verse 6); — the compound ‘daṇḍavācike’ is formed in accordance with Pāṇini 5.4.106, the final ‘ṭhan’ affix being added according to 5.2.115.

‘Duties of man and wife’ (verse 7); — the compound ‘strīpumān’ is to be expounded as ‘striyā sahitaḥ pumān,’ — the compound belonging to the same class as the compound ‘śākapārthivaḥ.’ If it were formed as ‘stṛī ca pumaṃśca,’ the resultant compound would be ‘strīpuṃsadharmaḥ’ (according to Pāṇini 5.4.77). — (4-7)

 

Explanatory notes by Ganganath Jha:

(verse 8.4)

This verse is quoted in Mitākṣarā (on 2. 5); — in Nṛsiṃhaprasāda (Vyavahāra, p. 3 b); — in Vyavahāramayūkha (p. 1) which explains ‘anapākarma’ as ‘non-delivery’; — in Aparārka (p. 596); — in Vivādacintāmaṇi (p. 1); — in Smṛtisāroddhāra (p. 325); — in Nṛsiṃhaprasāda (Vyavahāra, p. 3 b); — in Kṛtyakalpataru (12b); — and in Vīramitrodaya (Vyavahāra, p. 89b).

(verse 8.5)

This verse is quoted in Aparārka (p, 596); — in Mitākṣarā (on 2.5); — in Vyavahāramayūkha (p. 1), which explains ‘anuśayaḥ’ as ‘paścāttāpaḥ’, ‘revoking — in Vivādacintāmaṇi (p. 1.) — in Smṛtisāroddhāra (p. 325); — in Nṛsiṃhaprasāda (Vyavahāra, p. 3b); — in Kṛtyakalpataru (12b); — and in Vīramitrodaya (Vyavahāra, 896).

(verse 8.6)

This verse is quoted in Aparārka (p, 596); — in Vyavahāramayūkha (p. 1); — in Mitākṣarā (on 2.5); — in Vivādacintāmaṇi (p. 1); — in Smṛtisāroddhāra (p. 325); — in Nṛsiṃhaprasāda (Vyavahāra, p. 3b); — in Kṛtyakalpataru (12b); — and in Vīramitrodaya (Vyavahāra, 89b).

(verse 8.7)

‘Vyavahārasthitau’ — ‘Giving rise to law-suits’ (Govindarāja); — ‘in deciding law-suits’ (Nārāyaṇa),

This verse is quoted in Mitākṣarā (on 2.5); — in Vyavahāramayūkha (p. 1), which explains ‘dyūta’ as ‘gambling with inanimate objects’ and ‘samāhvayaḥ’ as ‘gambling with animals,’ and notes that though theft, adultery, defamation and assault are all only forms of ‘crime’ (‘Sāhasa’) yet they have been mentioned separately, also, on the analogy of such expressions as ‘Gobalīvarda .’

It is quoted in Aparārka (p. 596), which explains ‘padāni’ as ‘sthāna’, ‘viṣāya’, ‘subjects;’ — in Vivādacintāmaṇi (p. 1); — in Smṛtisāroddhāra (p. 325); — in Nṛṣiṃhaprasāda (Vyavahāra, p. 3b); — in Kṛtya kalpataru’ (12b); — and in Vīramitrodaya (Vyavahāra, 89b.)

On verses 1-7 Vīramitrodaya (Vyavahāra, p. 4a) has the following notes: — ‘Vyavahārān,’ business described above, — ‘pārthivaḥ,’ the anointed Kṣatriya; — the term ‘nṛpaḥ’ implies that what is here enjoined applies also to those who, though not themselves kings, are appointed by the king to work for him; — ‘seated or standing’ may be options to be determined by the king’s capacity, or by the respectability or otherwise of the parties appearing before him the raising of the right arm is for calling the attention of suitors; the dress etc. are to be humble, so that the parties may not be confounded by his gorgeous attire; — ‘pratyaham’ shows that cases should be tried every day ; — ‘ deśadṛṣṭa’ are those customs and arguments that may have local application, such as the customs regarding the betrothal of girls (described above) among ‘northerners.’

 

Comparative notes by various authors:

(verses 8.4-8)

Nārada (1.16 et. seq.). — ‘Recovery of Debt, Deposits, Partnership, Resumption of Gift, Breach of Contract of Service; — Non-payment of wages, Sales effected by a person other than the rightful owner, Non-delivery of sold chattel, Recission of Purchase, Transgression of a Compact, Boundary-disputes, Mutual Duties of Husband and Wife, Law of Inheritances, Heinous offences, Abuse, Assault, Games, and Miscellaneous; — these are the eighteen topics of legal procedure.’

Bṛhaspati (2.5 et. seq.). — ‘Law-suits are of two kinds, according as they originate in demands regarding wealth or ininjuries. Law-suits regarding wealth are divided into fourteen kinds; and those regarding injuries into four kinds. (1) Lending money on interest, (2) Deposits (and Treasure Trove), (3) Invalid gifts, (4) Concerns of Partnership, (5) Nonpayment of wages, (6) Disobedience, (7) Disputes concerning Land, (8) Sale without ownership, (9) Revocation of sale and purchase, (10) Breach of agreements, (11) Law between wife and husband, (12) Theft, (13) Inheritance and (14) Gambling. — These are the fourteen titles regarding wealth. — (l) and (2) Two kinds of Insults, (3) Violence and (4) Criminal connexion with the wife of another man, — these are the four titles originating in injury.’

 

 

VERSE 8.8 [Constitution of the Court of Justice (continued)]

Section III - Constitution of the Court of Justice (continued)

 

एषु स्थानेषु भूयिष्ठं विवादं चरतां नृणाम् ।
धर्मं शाश्वतमाश्रित्य कुर्यात् कार्यविनिर्णयम् ॥८॥

eṣu sthāneṣu bhūyiṣṭhaṃ vivādaṃ caratāṃ nṛṇām |
dharmaṃ śāśvatamāśritya kuryāt kāryavinirṇayam ||8||

 

Taking his stand upon eternal morality, he shall form his decision on the suits of men who mostly carry on disputes in regard to the aforesaid points. — (8)

 

Medhātithi’s commentary (manubhāṣya):

The addition of the adverb ‘mostly’ is for the purpose of indicating the importance of the said heads of dispute. As a matter of fact, there are several other points of dispute also; e.g., (a) ‘you gave me this house to live in; why then do you give it to another person before the lapse of a year?’ This cannot he regarded as included under ‘non-delivery of what has been given away’; because in this case there is no surrendering of ownership (which is a necessary condition in gifts); the dweller is only permitted to dwell in the house; — again, (b) ‘you have made a window in your house in front of my platform.’

‘Taking his stand upon eternal Morality’; — Wealth and Pleasure are not ‘eternal.’ Or, the term ‘eternal morality’ may mean that he should follow that law or custom the beginnings of which cannot be traced; while he should not pay heed to such customs as may have been adopted only by the present generation; as such custom is not eternal. — (8)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 596); — and in Kṛtyakalpataru (12b).

 

Comparative notes by various authors:

(verses 8.4-8)

See Comparative notes for Verses 8.4-7.

 

 

VERSE 8.9

Section III - Constitution of the Court of Justice (continued)

 

यदा स्वयं न कुर्यात् तु नृपतिः कार्यदर्शनम् ।
तदा नियुञ्ज्याद् विद्वांसं ब्राह्मणं कार्यदर्शने ॥९॥

yadā svayaṃ na kuryāt tu nṛpatiḥ kāryadarśanam |
tadā niyuñjyād vidvāṃsaṃ brāhmaṇaṃ kāryadarśane ||9||

 

When he himself may not carry on the investigation of suits, he shall appoint a learned Brāhmaṇa to do the work of investigation. — (9)

 

Medhātithi’s commentary (manubhāṣya):

The Brāhmaṇa who is thus appointed should be ‘conversant with the eighteen points, well versed in the Science of Reasoning, fully learned in the Veda and the Smṛtis, — being called the Investigating Judge.’

If, either on account of being absorbed in some other more important business, or on account of his inherent incapacity, the king does not investigate the suits personally, then he should appoint a ‘learned’ Brāhmaṇa. The ‘learning’ here meant is that pertaining to legal proceedings, and the man’s appointment itself is indicative of his possession of that learning; because no man deserves to be appointed to do a work which he does not know. A knowledge of the Science of Morality also comes useful, for the purpose of precluding the possibility of wrong decisions being taken under the influence of love or hate. If the man is conversant with Morality, even though love or hate may be present in his mind, yet, through fear of the said Science of Morality, he does not allow himself to be misled; and it is thus that a knowledge of the Science of Morality comes in useful. As for the knowledge of legal procedure, its presence is already implied; when the man is appointed to do the work of deciding legal cases, it follows that he is possessed of that knowledge without which such cases cannot he decided. The injunction regarding the impropriety of the man knowingly perverting his judgment is contained in other texts; and with a view to avoiding this our author is going later on to lay down other Measures: e.g., ‘Three persons learned in the Veda, and the learned man appointed by the king, etc.’ (verse 11). As for the knowledge of Sciences other than these, if it were made a necessary qualification for the man appointed to investigate legal cases, — such knowledge could only be regarded as meant for some unseen transcendental purpose.

‘Niyojyo vidvān syāt’ would be the right reading (in place of tadā niyuñjyād vidvāṃsam’); because ‘niyuñjyāt’ is grammatically wrong, the right form being ‘niyuñjīta’; as Kātyāyana’s Vārtika on Pāṇini 1.3.66 ordains the Ātmanepada ending for the root ‘Yuj’ preceded by prepositions ending in a vowel. — (9)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 21), which adds that the Brāhmaṇa so appointed is called the ‘Prāḍvivāka,’ ‘judge,’ who is to try the suits exactly in the same manner as has been laid down for the king; It adds a text from Nārada explaining the name ‘Prāḍvivāka — ‘The Prāḍvivāka is so called because he puts questions (prāṭ) upon the subject-matter of the suit and investigates it (Vivāka). — It is quoted also in Smṛticandrikā (Vyavahāra, p. 36); — in Kṛtyakalpataru (8a); — and in Vīramitrodaya (Vyavahāra, p. 10b).

 

Comparative notes by various authors:

Gautama (13.26). — ‘The King or the Judge or a Brāhmaṇa learned in the scriptures shall try the suit.’

Vaśiṣṭha (16.2). — ‘Let the King or his minister transact the business on the bench.’

Viṣṇu (3.73). — ‘Or let him entrust a Brāhmaṇa with the judicial business.’

Yājñavalkya (2.3). — ‘The Brāhmaṇa knowing the entire Dharma shall be appointed by the King to try law-suits, if, under pressure of business, he is unable to look into them himself.’

Bṛhaspati (1.24). — ‘Let the King, or a member of the twice-born caste officiating as Chief Judge, try causes acting on principles of equity, and abiding by the opinion of the judges and the doctrine of the sacred law.’

Śukranīti (4.5.23-34). — ‘Where the King cannot personally attend to the administration of justice, he should appoint a Brāhmaṇa who is versed in the Vedas, self-controlled, highborn, impartial, unagitated and calm, who fears the next life, is religious-minded, active and devoid of anger. If the Brāhmaṇa is not learned enough, the King should appoint a Kṣatriya, or a Vaiśya who is versed in the sacred law; but he should never appoint the Śūdra, The king should always appoint men of the caste to which he himself belongs; as most members of the royal caste are likely to be well-qualified.’

Nārada (Parāśaramādhava-Vyavahāra, p. 22). — ‘He is called the Chief Judge who, — fully acquainted with the eighteen titles of law and with the eight thousand subdivisions thereof, skilled in Logic and other sciences, and thoroughly versed in revealed and traditional lore, — investigates the law relative to the case in hand by putting questions and passing decisions according to what was heard or understood by him.’

Kātyāyana (Parāśaramādhava-Vyavahāra, p. 22). — ‘When no Brāhmaṇa is available, the King shall appoint a Kṣatriya or a Vaiśya versed in legal lore; but he shall avoid the Śūdra.’

Prajāpati (Smṛticandrikā). — ‘The anointed King or the learned Brāhmaṇa, seated on the seat of judgment, shall investigate the suits quietly.’

 

 

VERSE 8.10

Section III - Constitution of the Court of Justice (continued)

 

सोऽस्य कार्याणि सम्पश्येत् सभ्यैरेव त्रिभिर्वृतः ।
सभामेव प्रविश्याग्र्यामासीनः स्थित एव वा ॥१०॥

so'sya kāryāṇi sampaśyet sabhyaireva tribhirvṛtaḥ |
sabhāmeva praviśyāgryāmāsīnaḥ sthita eva vā ||10||

 

That man, accompanied by three assessors, shall enter the excellent Court, and either seated or standing, shall investigate the suits on behalf of the king. — (10)

 

Medhātithi’s commentary (manubhāṣya):

‘Assesors’; — though the caste of these persons is not specified here, yet in view of the Brāhmaṇa being mentioned later on (in 11), and also of the phrase ‘along with Brāhmaṇas’ (in verse 1 above), it follows that these also should be Brāhmaṇas.

The number is mentioned as ‘three’ simply with a view to preclude the possibility of only one or two men being appointed: what is meant is that three or more men shall be appointed. This we shall explain in detail under the section dealing with Witnesses.

 

‘Shall enter the excellent Court.’ — Though entering the court as the king’s representative, he shall stand or sit on such a seat as is proper for himself. The repetition of ‘standing or sitting’ serves either to indicate the right posture for him, or to preclude other postures. The meaning of this is that he should not sit upon the king’s throne. — (10)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 21); — in Smṛticandrikā (Vyavahāra, p. 37); — in Kṛtyakalpataru (8a); — in Vīramitrodaya (Vyavahāra, 10b); — and in Rājanītiratnākara (p. 15b).

 

Comparative notes by various authors:

Śukranīti (4.5.77). — ‘The Chief Judge is the speaker, the king is the President, the councillors are the investigators.’

Śukranīti (4.5.85-86). — ‘The King should enter the court modestly, together with the Brāhmaṇas and Ministers versed in state-craft, with the object of investigating the cases.’

 

 

VERSE 8.11

Section III - Constitution of the Court of Justice (continued)

 

यस्मिन् देशे निषीदन्ति विप्रा वेदविदस्त्रयः ।
राज्ञश्चाधिकृतो विद्वान् ब्रह्मणस्तां सभां विदुः ॥११॥

yasmin deśe niṣīdanti viprā vedavidastrayaḥ |
rājñaścādhikṛto vidvān brahmaṇastāṃ sabhāṃ viduḥ ||11||

 

That place, where three Brāhmaṇas learned in the Veda sit, as also the learned Brāhmaṇa appointed by the king, — they regard as the ‘Court of Brahman.’ — (11)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared that ‘having entered the Court, he shall look into the cases.’ As regards the word ‘sabhā,’ in ordinary language it is used in the sense of a particular apartment of the house; e.g., in the Mahābhārata it is said that the ‘excellent gold-burnished sabhā was built by Maya — sometimes it is also used in the sense of an assemblage of particular men. In order to preclude these two meanings of the term, the author states the definition of the ‘Sabhā,’ ‘Court,’ meant in the present context.

That place where three Brāhmaṇas learned in the Veda are brought together, as also the learned Brāhmaṇa appointed by the king, — or the person mentioned in the preceding verse, — that is the ‘Sabhā’ meant here.

The name of ‘Brahman’ has been mentioned for the purpose of extolling the Court; the sense being that ‘the Court constituted as here stated is as unexceptionable as that of Brahman himself.’ — (11)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitāttva (II, p. 199), to the effect that the court becomes a true ‘Court,’ only by reason of the presence of the duly qualified Brāhmaṇa-judge appointed by the king; — in Smṛticandrikā (Vyavahāra, p. 46), which explains ‘prakṛtaḥ’ as the appointed judge; — in Kṛtyakalpataru (8b); — in Vīramitrodaya (Vyavahāra, 36 and 11b), which says that no stress is meant to be laid upon the number three, as the number may be larger, up to seven; what is meant is that they shall not be less than three; — and in Rājanītiratnākara (p. 17a).

 

Comparative notes by various authors:

Bṛhaspati (1.11). — ‘That assembly is equal in sanctity to a sacrificial session in which there sit seven, or five or three Brāhmaṇas, who are acquainted with the world, with the Veda and with Law.’

Bṛhaspati (1.5). — ‘A Court of Justice is composed of ten members; and an assembly of this sort, in which the King examines the cases attentively, is comparable to a religious session.’

Śukranīti (4.5.50-52). — ‘The assembly in which there are seven, five, or even three Brāhmaṇas versed in human affairs, the Vedas and the Dharmaśāstras is like a sacrificial session.’

Śukranīti (4.5.72). — ‘The ten requisites in the administration of justice are — the king, officers, councillors, smṛti-books, accountant, clerk, gold, fire, water and one’s own men.’

Nārada (3.18). — ‘That is not a court where there are no elders; they are not elders who do not pass a just, sentence; that is not just sentence where there is no truth; that is not truth which is vitiated by error.’

 

 

VERSE 8.12

Section III - Constitution of the Court of Justice (continued)

 

धर्मो विद्धस्त्वधर्मेण सभां यत्रोपतिष्ठते ।
शल्यं चास्य न कृन्तन्ति विद्धास्तत्र सभासदः ॥१२॥

dharmo viddhastvadharmeṇa sabhāṃ yatropatiṣṭhate |
śalyaṃ cāsya na kṛntanti viddhāstatra sabhāsadaḥ ||12||

 

In a court where Justice is pierced by Injustice, and the members of the Court do not remove that dart, these members also become pierced. — (12)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this verse.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Vyavahāra, 5a and 10b).

 

Comparative notes by various authors:

Śukranīti (4.5.16). — ‘The King who does not perform his civic duties well certainly rots in hell.’

Nārada (3.89), — ‘Where justice is slain by injustice and truth by falsehood, the members of the court, who look on with indifference, become doomed to destruction. When justice, hit by injustice, enters a court, and the members do not extract the dart from the wound, they are hit by it themselves.’

Bṛhaspati (1. 34-36). — ‘Of the Tree of Justice, the Brāhmaṇa is the root, the King is the stem and branches, the ministers are its loaves and blossoms, just government is its fruit; — renown and wealth are the sap of its fruit; a dignified station, invincibility, esteem among men, and eternal residence in Heaven constitute the enjoyment of its fruit. — Having recognised these advantages in justice, the King should be equitable towards litigants, and should pass a just sentence, discarding avarice and other evil propensities.’

Kātyāyana (Smṛticandrikā, p. 47). — ‘Where a decision is taken by councillors against the laws, there justice is slain by injustice. If the king happens to be inclined to act unjustly, the councillors shall not remain neutral; if they do remain neutral, they become degraded.’

 

 

VERSE 8.13

Section III - Constitution of the Court of Justice (continued)

 

सभां वा न प्रवेष्टव्यं वक्तव्यं वा समञ्जसम् ।
अब्रुवन् विब्रुवन् वाऽपि नरो भवति किल्बिषी ॥१३॥

sabhāṃ vā na praveṣṭavyaṃ vaktavyaṃ vā samañjasam |
abruvan vibruvan vā'pi naro bhavati kilbiṣī ||13||

 

One should either not enter the Court at all, or he should speak out what is equitable; one who either spe aks nothing, or speaks falsely, becomes tainted with sin. — (13)

 

Medhātithi’s commentary (manubhāṣya):

What is asserted here forbids two things — (a) he who has accepted the appointment (of a Judge) should not be unjust, and (b) he should not slur over the injustice committed by others; since both these involve sin.

‘Speaks nothing’; — i.e., he who remains silent when another person is committing an injustice, — or he who interferes in the investigation and then says what is not compatible with the scriptures or with justice — ‘becomes tainted with sin’ — i.e., comes to partake of the sin. Hence the man should not entertain the hope that — ‘it is another judge who is judging wrongly, and he may incur sin, I am only sitting silent and indifferent, why should I he affected by the sin?’

By the prohibiting of entrance into the Court what is forbidden is the accepting of the appointment of a judge to investigate cases; so that what is meant by the sentence ‘one should not enter the Court’ is that ‘he should not accept the appointment of the investigating judge, or, if he does accept it, he should speak out what is just.’

This has been taken to imply that when even an unauthorised person happens.to be present, if he finds that the judges are acting wrongly, he should not remain silent. To this end wo have the assertion — ‘Authorised or unauthorised, the man who knows what is just should always speak out’ (Nārada 2.2). If he fear molestation at the hands of the king’s officers as to why he should speak, when he is not authorised to do so, — then he should go away from that place. In support of this we have the following assertion — ‘When a wrong is being inflicted upon a weak person, if one does not save him from it, he incurs sin, only if he hag the power to gave him’ (Gautama, 21.19). — (13)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 604); — in Mitākṣarā (on 2.2), in support, of the view that the assessors duly appointed incur sin if they do not, check the king in the event of his taking an illegal course; but as regards other people present, these incur sin only if they either speak falsely or suppress the truth, — and not for not checking the king; — and again on 2.83; — and also in Vīramitrodaya (Vyavahāra, p. 12a).

 

Comparative notes by various authors:

Śukranīti (4.5.53, 55). — ‘The man who knows Dharma can speak, whether appointed or not appointed. Either one should not come to the Court, or should speak truthfully. That man is a sinner who keeps silent or utters falsehood.’

Nārada (3.10). — ‘Either the judicial assembly must not be entered at all, or a fair opinion should be delivered. That man who stands mute or delivers an opinion contrary to justice, is a sinner.’

Nārada (3.14). — ‘He who, having entered the Court, delivers a strange opinion, ignoring the true state of the case, resembles a blind man who, regardless, swallows fish together with the bones.’

 

 

VERSE 8.14

Section III - Constitution of the Court of Justice (continued)

 

यत्र धर्मो ह्यधर्मेण सत्यं यत्रानृतेन च ।
हन्यते प्रेक्षमाणानां हतास्तत्र सभासदः ॥१४॥

yatra dharmo hyadharmeṇa satyaṃ yatrānṛtena ca |
hanyate prekṣamāṇānāṃ hatāstatra sabhāsadaḥ ||14||

 

Where justice is destroyed by injustice, or truth by falsehood, while people are looking on, — there the members of the court also are destroyed. — (14)

 

Medhātithi’s commentary (manubhāṣya):

‘Justice’ is decision arrived at in strict accordance with the scriptures, reasoning and local customs; — if this is

‘destroyed by Injustice,’ — i.e., set aside by the reverse of justice, — by either the plaintiff or the defendant; — similarly where ‘truth is destroyed by falsehood’ — by the witnesses; — and all the time the judges and the other people in the Court remain looking on, and do not try to draw out the real facts, — then these men also are ‘destroyed,’ — i.e., become as good as dead corpses. This is meant to be a deprecation of the judges, etc.

For these reasons the members of the Court shall not connive at any misrepresentations being made by the parties or by the witnesses.

In as much as the mention of ‘Justice and Injustice’ only, or of ‘Truth and Falsehood’ only, would have been sufficient, the mention of both would have to be regarded as serving the purpose of tilling up the metre; hence it has been explained as referring to two distinct sets of persons (the parties and the witnesses). — (14)

 

Comparative notes by various authors:

Nārada (3.89). — ‘Where justice hit by injustice enters a Court, and the members do not extract the dart from the wounds, they are hit by it themselves. Where justice is slain by injustice, and truth by falsehood, the members of the Court who look on with indifference, become doomed to destruction.’

Kātyāyana (Aparārka, p. 604). — (Same as Nārada.)

 

 

VERSE 8.15

Section III - Constitution of the Court of Justice (continued)

 

धर्म एव हतो हन्ति धर्मो रक्षति रक्षितः ।
तस्माद् धर्मो न हन्तव्यो मा नो धर्मो हतोऽवधीत् ॥१५॥

dharma eva hato hanti dharmo rakṣati rakṣitaḥ |
tasmād dharmo na hantavyo mā no dharmo hato'vadhīt ||15||

 

Justice, blighted, blights; and justice, preserved, preserves; hence justice should not be blighted, lest blighted justice blight us. — (15)

 

Medhātithi’s commentary (manubhāṣya):

Judgment should not be perverted, through fear; because justice, when violated, ‘blights’ — our prosperity, as also the prosperity of the sinful party and his helpers.

Similarly, when ‘preserved,’ justice removes dangers from all sources; so that even though angered, the party (defeated) cannot do any harm.

‘Hence’ — i.e., knowing this, that happiness and unhappiness are based upon morality, one should not violate morality (or justice). If we violate justice, justice shall, like an enraged serpent, strike back at us; so lest justice blight us — i.e., with a view to saving ourselves, — we should preserve justice. — (15)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nṛsiṃhaprasāda (Saṃskāra, p. 17a); — in Hemādri (Vrata, p. 15); — in Smṛticandrikā (Vyavahāra, p. 48); — and in Kṛtyakalpataru (11b).

 

Comparative notes by various authors:

Mahābhārata (3.313.38).

Mahābhārata (Vana, 314.131). — ‘If protected, justice protects; if slain, it slays; therefore I shall never renounce justice; lest justice, being slain, may slay ourselves.’

 

 

VERSE 8.16

Section III - Constitution of the Court of Justice (continued)

 

वृषो हि भगवान् धर्मस्तस्य यः कुरुते ह्यलम् ।
वृषलं तं विदुर्देवास्तस्माद् धर्मं न लोपयेत् ॥१६॥

vṛṣo hi bhagavān dharmastasya yaḥ kurute hyalam |
vṛṣalaṃ taṃ vidurdevāstasmād dharmaṃ na lopayet ||16||

 

For Justice is the revered ‘Vṛṣa,’ Bull; and he who commits the violation, ‘alam,’ of it, him the gods regard as ‘vṛṣala,’ low-born; hence one shall not violate Justice. — (16)

 

Medhātithi’s commentary (manubhāṣya):

By means of the explanation of the term ‘vṛṣala,’ the judge who perverts justice is censured. The title of ‘vṛṣala’ (low-born) does not apply to one who is so by caste — i.e., the śūdra, — but he who ‘commits the violation’ (‘alam’) of the Bull, ‘vṛṣa,’ — i.e., he who showers all blessings; — the particle ‘alam’ denoting violation, perversion.

The opinion that such a person is ‘vṛṣala’ is held by the gods; if it is taken as denoting a caste, it may be so taken; but the gods are more authoritative, and they accept the denotation of the term as here explained.

The mention of the ‘gods’ is only a commendatory exaggeration.

For the reason here explained, in all such texts as — (a) ‘no vṛṣala should come in during the performance of a śrāddha,’ or ‘the vṛṣala thief should be killed,’ — the term ‘vṛṣala’ should be taken as standing for the Brāhmaṇa that perverts truth.

Consequently one should not violate Justice, lest he become tainted with the character of the ‘vṛṣala’; the application of this character to the Brāhmaṇa being a form of deprecation. — (16)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 447), in support of the interpretation of ‘vṛṣala’ as ‘one devoid of dharma’; — and in Kṛtyakalpataru (11a).

 

Comparative notes by various authors:

(verses 8.16-17)

Mahābhārata (Śānti, 90.16). — ‘Justice is the sacred Bull, Vṛṣa; he who brings about his destruction, laya, is called the Vṛṣala; therefore one should never renounce justice.’

Do. (Anuśāsana, 173.14.16). — ‘When one abandons his body, Dharma alone goes with him. Dharma is the only helper for men in the other world.’

 

 

VERSE 8.17

Section III - Constitution of the Court of Justice (continued)

 

एक एव सुहृद् धर्मो निधानेऽप्यनुयाति यः ।
शरीरेण समं नाशं सर्वमन्यद् हि गच्छति ॥१७॥

eka eva suhṛd dharmo nidhāne'pyanuyāti yaḥ |
śarīreṇa samaṃ nāśaṃ sarvamanyad hi gacchati ||17||

 

Morality (Justice) is the only friend who follows one even after death; everything else perishes along with the body. — (17)

 

Medhātithi’s commentary (manubhāṣya):

What has been declared in verse 15 is that Morality or Justice should not be perverted, through fear; and the present verse declares that it should not be perverted through love either.

In as much as Morality (Justice) is the ‘only friend,’ it is for this that one should cultivate it. Ordinary men often abandon their friends even during life; even in the case of those that are very great friends, the friendship lasts only till death. Morality on the other hand, follows the man even when dead. Therefore even for the sake of friendship, one should not either pervert justice or connive at its perversion.

In this sense there is the following saying — ‘Wife, son, friends, riches and wealth — all these are lost when the man’s body is destroyed; it is Morality alone which never abandons him; hence one might abandon his sons and wife, but never Morality.’

Everything else, in the shape of wife, son and so forth, — except Morality — perishes with the body; i.e., except Morality nothing is able to save the man on death; so that even for the sake of friends and relations, Morality should not be abandoned. — (17)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hitopadeśa 1,59; — in Hemādri (Vrata, p. 14); — in Nṛsiṃhaprasāda (Saṃskāra, p. 17a); — and in Kṛtyakalpataru (11a).

Comparative notes by various authors:

(verses 8.16-17)

See Comparative notes for Verse 8.16.

 

 

VERSE 8.18

Section III - Constitution of the Court of Justice (continued)

 

पादोऽधर्मस्य कर्तारं पादः साक्षिणं ऋच्छति ।
पादः सभासदः सर्वान् पादो राजानमृच्छति ॥१८॥

pādo'dharmasya kartāraṃ pādaḥ sākṣiṇaṃ ṛcchati |
pādaḥ sabhāsadaḥ sarvān pādo rājānamṛcchati ||18||

 

One quarter of the Injustice falls on the man who commits it, one quarter on the witness, one quarter on the members of the Court and one quarter on the king. — (18)

 

Medhātithi’s commentary (manubhāṣya):

The judges should not entertain any such idea as the following — ‘Between the plaintiff and the defendant, one or the other is taking what belongs to the other, — so that he will incur the sin of wrongful possession of the land, — we are not committing the act, — why then should we be participators in the sin?’ Because as a matter of fact, the said sin is divided into four parts.

This verse is a purely supplementary exaggeration; because in reality the sin committed by one man does not go to another. What happens then is that on the judges also falls the sin of transgressing the law that forbids unjust decisions. On the king, though he does not personally investigate the case, there does fall the sin resulting from the sinful act of the judges appointed by him and acting as his representatives. Or if, on being apprised, by the defeated party, of the unfair dealings of the authorised judges, he does not punish the dishonest officer, and does not take steps to come to a just decision, then also he becomes a participator in the sin. Or, the ‘King’ in the text may be taken as standing for the judge appointed by him; the sense being that when the king himself decides the case wrongly, the sin falls upon him, whereas when his representative does so, the sin falls upon the latter. — (18)

 

Explanatory notes by Ganganath Jha:

‘Sabhāsadaḥ’ — ‘People assembled in Court’ (Kullūka and Rāghavānanda)‘Judges’ (Govindarāja).

This verse is quoted in Mitākṣarā (on 2.305), to the effect that in the case of miscarriage of justice, every one of those persons should be punished; — in Parāśaramādhava (Vyavahāra, p. 15); — in Smṛtitattva (II, p. 200); — and in Vīramitrodaya (Vyavahāra, p. 5a).

 

Comparative notes by various authors:

Baudhāyana (1.19.8). — ‘Of injustice in decisions, one quarter falls on the party in the cause, one quarter on his witnesses, one quarter on all the judges, and one quarter on the King.’

Gautama (13.11). — ‘If the sacred law or the rules are violated, the guilt falls on the witnesses, the Assessors, the King, and the offender.’

Nārada (3.12). — ‘One quarter of the iniquity goes to the offender, one quarter goes to the witness; one quarter goes to all the members of the Court; one quarter goes to the King.’

Hārīta (Vyavahāratattva). — ‘Of injustice, one quarter falls on the perpetrator, one quarter on the witness, one quarter on all the members of the Court and one quarter on the King.’

 

 

VERSE 8.19

Section III - Constitution of the Court of Justice (continued)

 

राजा भवत्यनेनास्तु मुच्यन्ते च सभासदः ।
एनो गच्छति कर्तारं निन्दाऽर्हो यत्र निन्द्यते ॥१९॥

rājā bhavatyanenāstu mucyante ca sabhāsadaḥ |
eno gacchati kartāraṃ nindā'rho yatra nindyate ||19||

 

Where, however, the person deserving of censure is actually censured, there the king becomes sinless, the members of the court become freed, and the sin falls upon the perpetrator. — (19)

 

Medhātithi’s commentary (manubhāṣya):

The same idea is stated conversely.

Where the guilty person is not able to hide his guilt, and his guilt is duly exposed, then everything turns out to be right.

From verse 14 onwards we have a set of supplementary exaggerations, containing praises and condemnations indicating the good and bad results, — put forward for the purpose of forbidding the actual committing of injustice, as also the conniving at it (being committed by others).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 604); — in Parāśaramādhava (Vyavahāra, p. 26), to the effect that the king becomes absolved from all sin if he shows complete impartiality; — in Smṛtitattva (II, p. 200) which adds the following notes: — ‘Kartāram’ means the ‘speaker’, the perjuror, — the term ‘rājā’ here stands for the Judge, — ‘anenāḥ’ means ‘free from sin’; — in Smṛticandrikā (Vyavahāra, p. 48); — and in Vīramitrodaya (Vyavahāra, 5a).

 

Comparative notes by various authors:

Nārada (3.13). — ‘The King is freed from responsibility, the members of the Court obtain their absolution, and the guilt rests on the offender, — when the guilty person is punished.’

Bodhāyana (1.19.8). — ‘When he who deserves condemnation is condemned, the King is guiltless and the judges free from blame; the guilt falls on the offender alone.’

Hārita( Vyavahāratattva). — (Same as Manu.)

 

 

VERSE 8.20

Section III - Constitution of the Court of Justice (continued)

 

जातिमात्रोपजीवी वा कामं स्याद् ब्राह्मणब्रुवः ।
धर्मप्रवक्ता नृपतेर्न शूद्रः कथं चन ?? ॥२०॥

jātimātropajīvī vā kāmaṃ syād brāhmaṇabruvaḥ |
dharmapravaktā nṛpaterna śūdraḥ kathaṃ cana ?? ||20||

 

Even a so-called Brāhmaṇa, who makes a living by his caste only, may, at pleasure be the propounder of the Law for the king, — but not a Śūdra under any circumtsances. — (20)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (under verse 10) that the king shall decide cases helped by Brāhmaṇas and by three men well versed in council. Now, in as much as the caste of these councillors has not been specified, it might so happen that Śūdras might enter the Court, and being ‘councillors,’ it would be permissible for them to decide cases, and being possessed of cultured minds, they might pronounce their opinions on matters relating to the Law; specially in all legal proceedings a knowledge of Smṛti-texts is not essential, on account of not possessing which the Śūdra could be precluded from pronouncing judgments. As a matter of fact, grounds of victory and defeat (in legal proceedings), — such as witnesses and other kinds of evidence — are such as are amenable to the ordinary means of knowledge. For instance, a man possessed of cultivated intelligence can easily find out that ‘such and such a person is a right witness, and not related, by any relationship, to the party citing him,’ or that ‘such another person is not a right witness, having several times been found to have lied’; and such matters are not cognisable means of Smṛti-texts only.

Thus then the present verse contains the prohibition of a possible contingency.

Nor is there any definite rule regarding the caste of the ‘Councillor,’ as there is in regard to that of the ‘Priest’; e.g., having declared that ‘he shall with them (the Councillors) consider the questions, etc., etc.’ (7.56), the text does not say that ‘he shall consider these, with the Brāhmaṇas.’ Thus the the meaning of the verse comes to be this — ‘even though a Śūdra might learn up hits of Law, and be a Councillor or an officer for inflicting punishments, yet he shall not pronounce any opinion on the merits of cases being investigated in the King’s Court.’

What is said in the first half of the verse is to be explained as supplementary to the above prohibition. Because it cannot be asserted, in any case, that the Brāhmaṇa, who makes a living by his caste and is entirely devoid of learning and other qualifications, should be a propounder of the Law. Hence, when we come to examine its exact significance and form, the affirmation (contained in the first half of the verse) is found to stand on the same footing as the assertion ‘eat poison, but do not eat in his house,’ where also the affirmation (‘eat poison’) is supplementary to the prohibition, and not a real affirmation at all.

It is for this reason that the author has added the term ‘kāmam,’ ‘may, at pleasure;’ the very use of this term deprives the sentence of its injunctive character.

Other people offer the following explanation: — “Inasmuch as the Brāhmaṇa has been specifically declared to be employed as the Propounder of the Law, in such texts as — ‘the learned Brāhmaṇa shall be appointed, etc.,’ — this in itself excludes all the other three castes, the Kṣatriya and the rest; so that what the prohibition of the Śūdra in the present verse means is that in the absence of Brāhmaṇas, the Kṣatriya and the Vaiśya may he appointed (hut never the Śūdra).” The rest of it they explain, as above.

‘Who makes a living by his caste only;’ — the term ‘mātra,’ ‘only,’ has a restrictive force; the meaning being ‘he who lives only on the strength of his Brāhmaṇa-caste, and not by learning and other qualities, being absolutely devoid of all Brāhmaṇical qualifications.

The term ‘bruva,’ ‘so-called,’ is deprecatory. — (20)

 

Explanatory notes by Ganganath Jha:

‘Brāhmaṇabruvaḥ’ — ‘One whose origin is doubtful, but who calls himself a Brāhmaṇa’ (’Kullūka and Rāghavānanda); — ‘despicable Brāhmaṇa’ (Medhātithi and Govindarāja); — ‘an initiated Brāhmaṇa who does not study the Veda’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 601); — in Parāśaramādhava (Vyavahāra, p. 22); — in Smṛtitattva (II, p. 200), which supplies the definition of ‘brāhmaṇabruvaḥ’ as ‘the Brāhmaṇa who neither studies nor teaches (the Veda) — in Kṛtyakalpataru (9a); — and in Vīramitrodaya (Vyavahāra, p. 11a).

 

Comparative notes by various authors:

(verses 8.20-21)

Śukranīti (4.5.27). — ‘If the Brāhmaṇa he not learned enough, the King should appoint a Kṣatriya or Vaiśya learned in the legal law; — but he shall always avoid the Śūdra.’

Kātyāyana (Aparārka, p. 601). — (Same as Manu.)

Vyāsa (Vyavahāratattva). — ‘If the King, leaving the twice-born, tries law-suits with the assistance of Śūdras, he falls.’

 

 

VERSE 8.21

Section III - Constitution of the Court of Justice (continued)

 

यस्य शूद्रस्तु कुरुते राज्ञो धर्मविवेचनम् ।
तस्य सीदति तद् राष्ट्रं पङ्के गौरिव पश्यतः ॥२१॥

yasya śūdrastu kurute rājño dharmavivecanam |
tasya sīdati tad rāṣṭraṃ paṅke gauriva paśyataḥ ||21||

 

The kingdom or that king for whom the investigation of Law is done by a Śūdra, while he himself is looking on, suffers, like the cow in a morass. — (21)

 

Medhātithi’s commentary (manubhāṣya):

This is a supplementary declaration to the foregoing Injunction.

The construction is — That king for whom the ‘investigation of law’ — i.e., decision on legal cases — is made by a Śūdra duly qualified by learning, etc., — his kingdom, — people, subjects — ‘suffers’ — is destroyed — ‘like the cow in a morass;’ — ‘paśyataḥ’ — ‘while he is looking on.’ — (21)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 601); — in Kṛtyakalpataru (9b); — and in Vīramitrodaya (Vyavahāra, p. 11a).

 

Comparative notes by various authors:

(verses 8.20-21)

See Comparative notes for Verse 8.20.

 

 

VERSE 8.22

Section III - Constitution of the Court of Justice (continued)

 

यद् राष्ट्रं शूद्रभूयिष्ठं नास्तिकाक्रान्तमद्विजम् ।
विनश्यत्याशु तत् कृत्स्नं दुर्भिक्षव्याधिपीडितम् ॥२२॥

yad rāṣṭraṃ śūdrabhūyiṣṭhaṃ nāstikākrāntamadvijam |
vinaśyatyāśu tat kṛtsnaṃ durbhikṣavyādhipīḍitam ||22||

 

That kingdom where there is a majority of Śūdras, which is infested with non-believers and destitute of twice-born people, quickly perishes entirely, becoming afflicted by famine and disease. — (22)

 

Medhātithi’s commentary (manubhāṣya):

Like the preceding verse this also is a supplementary declaration.

From the context it is clear that ‘the majority of Śūdras’ is meant with reference to the persons pronouncing judgments upon disputed cases; and the meaning is that — ‘where among persons deciding cases there is a majority of Śūdras, such a kingdom perishes quickly, through sufferings caused by famine and disease’; and it follows that from the destruction of the kingdom follows that of the king also.

‘Infested with non-believers,’ — i.e., inhabited by such persons as are materialists, denying the existence of other worlds.

‘Destitute of twice-born people’; — ‘non-believers’ cannot be regarded as a class distinct from that of Brāhmaṇa and the rest; as that would lead to a cross-division; as has been declared thus — ‘Brāhmaṇas and the rest come to hear the titles of physicians, traders and so forth.’ Or, the expression ‘destitute of twice-born people’ may be taken to mean ‘where twice-born persons are not consulted and trusted in connection with difficulties relating to the Law.’ — (22)

 

Explanatory notes by Ganganath Jha:

‘Śūdrabhūyiṣṭham’ — ‘Where Śūdras form a majority among judges’ (Medhātithi); — ‘where Śūdras, i. e., disbelievers, form the majority of inhabitants’ (Kullūka); — ‘where Śūdras form the majority among holders of high office’ (Nandana).

Medhātithi does not explain ‘Śūdra’ here as ‘unbelievers’; he has been misrepresented by Hopkins.

 

 

VERSE 8.23 [The Commencement of Trials]

Section IV - The Commencement of Trials

 

धर्मासनमधिष्ठाय संवीताङ्गः समाहितः ।
प्रणम्य लोकपालेभ्यः कार्यदर्शनमारभेत् ॥२३॥

dharmāsanamadhiṣṭhāya saṃvītāṅgaḥ samāhitaḥ |
praṇamya lokapālebhyaḥ kāryadarśanamārabhet ||23||

 

Having occupied the Judgment-seat, with his body covered and mind collected, he shall salute the Guardian-Deities, and then proceed with the investigation of suits. — (23)

 

Medhātithi’s commentary (manubhāṣya):

‘Judgment-seat,’ — that seat upon which the pronouncing of judgments is the principal work done. When he is seated upon his royal throne, the king regards ‘wealth’ as conducive to the prosperity of the kingdom, to be the most important matter, even in preference to ‘morality’; but when he is engaged in deciding suits, he regards ‘morality’ or ‘Justice’ as the most important thing; — this is what is implied by the name ‘judgement-seat,’ which does not mean that ‘morality’ or ‘Justice’ is a quality of the ‘scat.’

‘With his body covered,’ — i.e., having his body covered up with cloth and such other things.

‘He shall salute the guardian-deities,’ — how down to the eight ‘Guardians of the People, Indra and the rest’; — ‘he shall proceed with the investigation of suits.’

These two acts — covering up of the body and saluting the Guardian deities — are laid down with a view to some transcendental result.

‘With mind collected,’ — with his mind concentrated, hot turning towards any other thing. This serves a visible purpose.

Or, the phrase ‘with collected mind’ may be taken as modifying the verb ‘salute.’

Though what is asserted here appears to have been already said before, yet, in as much as the treatise is a metrical one, repetition cannot he very strongly objected to.

In ‘Lokapālebhyaḥ’ ‘to the Guardian Deities,’ the Dative ending denotes the recipient of a gift; since under the Sutra dealing with the Dative, it has been held (by the Vārtika) that that also is a ‘recipient’ for whose sake a certain act is done; e.g., ‘śrāddhāya nigṛhṇate’ (‘He keeps himself in check for the sake of the performance of Śrāddhas’), ‘patye shete’ (‘Lies down for the sake of her husband’). Nor can the said assertion he regarded as restricted to the two roots here mentioned (in the two examples); as no such restriction is mentioned in the Bhāṣya. — (23)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 41) in Smṛtitattva (II, p. 200); — in Nṛsiṃhaprasāda (Vyavahāra, pp. 2a and 5b); — in Smṛticandrikā (Vyavahāra, p. 70); — and by Jimūtavāhana (Dāyabhāga, p. 4a).

 

Comparative notes by various authors:

Bṛhaspati (1.21-23). — ‘The King having risen early in the morning and performed ablutions according to rule, and having shown due honour to elders, astronomers, physicians, deities, Brāhmaṇas and domestic priests, — should enter the Court-room, decorated with flowers, ornaments and fine clothes, with a cheerful countenance. Having entered the Court in the forenoon, together with the elders, ministers and attendants, he should try cases and listen to the exposition of Purāṇas, Law-Codes and Rules of Policy.’

Śukranīti (4.5.85-87). — ‘The King should enter the Court modestly, together with the Brāhmaṇas and the Ministers versed in state-craft, with the object of investigating cases. He should proceed with the work after taking the seat of justice.’

Saṃvarta (Smṛticandrikā-Vyavahāra). — ‘Bowing to the Guardians of the Regions, the King shall enter the splendid Court and carry on the work of protecting the people by looking into their suits.’

 

 

VERSE 8.24

Section IV - The Commencement of Trials

 

अर्थानर्थावुभौ बुद्ध्वा धर्माधर्मौ च केवलौ ।
वर्णक्रमेण सर्वाणि पश्येत् कार्याणि कार्यिणाम् ॥२४॥

arthānarthāvubhau buddhvā dharmādharmau ca kevalau |
varṇakrameṇa sarvāṇi paśyet kāryāṇi kāryiṇām ||24||

 

Understanding both ‘desirable’ and ‘undesirable’ to be only ‘Justice’ and ‘Injustice,’ he shall look into all the suits of the suitors, according to the order of the castes. — (24)

 

Medhātithi’s commentary (manubhāṣya):

‘Justice and Injustice’ alone are desirable and undesirable. It is not that the ‘desirable’ consists in the obtaining of cattle, gold and other things, or that the ‘undesirable’ in the reverse thereof; in fact it is ‘Justice’ that is ‘desirable’ and ‘Injustice’ that is ‘undesirable’; — ‘understanding’ this — i.e., having come to this conclusion in his mind, — ‘he shall look into the suits.’

Or, the text may mean that the king shall examine what is ‘desirable,’ and what is ‘undesirable,’ — and also what is ‘Justice’ and what is ‘Injustice.’ That is, he should realise the importance of ‘Justice’ and the unimportance of what is merely ‘desirable;’ or that when the element of ‘undesirability’ is very large, and that of ‘Injustice’ very small, — there he shall avoid the former; because it is possible for a slight ‘Injustice’ to be set aside by the larger ‘desirable’ factor through gifts and expiatory rites.

In the event of several suitors coming up at the same time, he shall take them up in the order of their castes; but this order of investigation based upon castes is to be observed only when the troubles of all the suitors are of the same degree; when, on the other hand, the business of the lower caste is very urgent or very important, then this should he taken up first, in accordance with the maxim ‘he whose trouble is urgent, etc., etc.’; and in this case the order of the castes is not to be strictly observed. It has already been said that the investigation of cases is for the purpose of maintaining order in the kingdom; so that the rules laid down need not always be followed literally. — (24)

 

Explanatory notes by Ganganath Jha:

‘Arthānarthāvubhau buddhvā dharmādharmau ca kevalau’ — Medhātithi has given three explanations of this (See Translation): — ‘Fully realizing the wordly evils and advantages, but paying due heed to Dharma and Adharma as alone conducive to spiritual results’ (Kullūka); — ‘discriminating the righteous and the unrighteous, and taking up the righteous first’ (Nārāyaṇa and Nandana); — ‘knowing what will please and what displease the people and understanding what is just and what is unjust’ (Govindarāja).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 46), as laying down the order in which the king is to take up the cases, when several come up at the same time; — in Smṛticandrikā (Vyavahāra, p. 80); — in Kṛtyakalpataru, (16b); — and in Vīramitrodaya (Vyavahāra, p. 19a).

 

Comparative notes by various authors:

Śukranīti (4.5.113-117). — ‘The King with the Ministers after receiving the plaintiff duly should first console him and then commence the trial, he should then enquire of the plaintiff standing submissively before him — What is your business? What is your complaint? Do not be afraid — by what ruffian and under what circumstances hare you been molested?’

Bṛhaspati (1.24). — ‘Let the King, or a member of the twice-born caste officiating as Chief-Judge, try causes, acting on principles of equity, and abiding by the opinion of the judges, and by the doctrine of the sacred law.’

Nārada (1.31, 31, 35). — ‘A King who acts justly must reject error when brought forward, and seek truth alone; because prosperity depends on the discharge of duty. Therefore let a King, after having seated himself on the seat of judgment, be equitable towards all beings, discarding selfish interests and acting the part of Yama Vaivasvata. Attending to the dictates of the Law, and adhering to the opinion of the Chief-Judge, he should try causes in due order, exhibiting great care.’

Bṛhaspati (Parāśaramādhava- Vyasa, p. 46). — ‘Where two complainants arrive accusing each other and claiming the first hearing, the King shall admit them, either in the order of their castes, or in accordance with the comparative seriousness of the complaints.’

Kātyāyana (Do.). — ‘Between two mutual complainants, that man should be treated as the plaintiff whose hurt or complaint is more serious, — and not necessarily the man who appears first before the court.’

Nārada (Do.). — (Same as Kātyāyana.)

 

 

VERSE 8.25

Section IV - The Commencement of Trials

 

बाह्यैर्विभावयेत्लिङ्गैर्भावमन्तर्गतं नृणाम् ।
स्वरवर्णैङ्गिताकारैश्चक्षुषा चेष्टितेन च ॥२५॥

bāhyairvibhāvayetliṅgairbhāvamantargataṃ nṛṇām |
svaravarṇaiṅgitākāraiścakṣuṣā ceṣṭitena ca ||25||

 

He shall discover the internal disposition of men by external signs: by variations in their voice, colour and aspect, as also by means of the eye and by gestures. — (25)

 

Medhātithi’s commentary (manubhāṣya):

What the verse means is that in course of the investigations the veracity or otherwise of witnesses should he found out by means of Inference also; — and the mention of ‘voice,’ etc., is only by way of illustration; what the meaning therefore is, is that it shall be ascertained by means of such sure indiations as may be possible, and not necessarily only by ‘voice’ and other things mentioned here; for the simple reason that these latter are not always infallible; e.g., in many cases persons who are not used to the presence of great men become flurried, even though they be quite truthful; while those that are pert manage to hide their real feelings.

The compound ‘svaravarṇeṅgitākāraiḥ’ is to be expounded as — by the ākāra — variations in — their ‘svara,’ ‘voice’ — ‘varṇa’ ‘colour’ — and ‘iṅgita,’ ‘aspect’; — the ‘change’ referred to being modifications undergone by men’s ordinary ‘voice’ and the rest.

By means of these he shall ‘discover’ — ascertain — the ‘internal disposition’ — intention — ‘of men’ — of suitors and witnesses.

The ‘change of voice’ occurs in the form of faltering, being choked with tears and so forth; — that of ‘colour’ in the form of sudden changes of complexion and so forth; — that of ‘aspect’ in the shape of perspiration, trembling, thrilling of hairs and so forth.

‘By means of the eye’; — i.e., by suddenly casting on them an angry look.

‘By gestures,’ — i.e., by the movement of the hands, the eye-brows and so forth.

It is a fact of common experience that voice and the rest, if carefully watched, disclose the most hidden feelings; — the fact of these being indicative of hidden feelings being well known among men, as we find in ordinary experience. — (25)

 

Explanatory notes by Ganganath Jha:

‘Iṅgita’ — ‘Perspiring, trembling, horripilation and so forth’ (Medhātithi, Govindarāja and Rāghavānanda); — ‘casting down the eyes &c,’ (Kullūka); — ‘aimlessly moving about the arms &c.’ (Nārāyaṇa).

‘Ākāra’ — ‘Manner’ compounded with ‘svara-varṇa-iṅgita’ collectively, (Medhātithi and Rāghavānanda); — ‘aspect, e.g., pallor, horripilation, sweating’ (Govindarāja, Kullūka, and Nārāyaṇa) who take the term independently — copulatively compounded with ‘svara’ &c.

This verse is quoted in Aparārka (p. 620); — in Smṛtitattva (p. II, 218),... which adds the following notes: — ‘Svara,’ such as choking voice, — ‘varṇa,’ abnormal pallor and so forth, — ‘iṅgita,’ i. e., sweating, trembling and horripilation — ‘ākāra,’ disfigurement, — ‘cakṣuṣ,’ timid, or piteous look, — ‘ceṣṭita,’ the manner of standing and moving. It adds that all these, being uncertain indications, have to be regarded as inferior to witnesses and other kinds of direct evidence; — in Kṛtykalpataru, (21b), which has the following notes: — ‘Vibhāvayet,’ determine, ascertain, — ‘bhāvam,’ motive, intention, ‘nṛṇām,’ of the two parties and of the witnesses, — ‘ākāra’ transformation in the natural voice and other things, — that of ‘svara’ appears in the form of trembling and so forth, that of ‘varṇa’ in the shape of paleness and so forth; — and in Vīramitrodaya (Vyavahāra, p. 30a), which adds the following notes: — ‘Svara’ stands for the choking of the voice and so forth, — ‘varṇa’ for the ‘darkness of complexion,’ and so forth, — ‘iṅgita’ for perspiration, trembling and the like, — ‘ākāra’ for the raising of the eye-brows and so forth — ‘cakṣu’ for the timid look, — ‘ceṣṭita’ for the listless changing of position. — (25)

 

Comparative notes by various authors:

(verses 8.25-26)

Nārada (6.10-11). — ‘When the face changes colour, or the voice falters, or the features look suspicious, when they do not give evidence in public, when they make impossible statements as to place and time, when there are doubts regarding their place of residence, when they indulge in expense for bad purposes, when they have been previously convicted of larceny, when they keep bad company, or when documents speak against them, — they may be convicted as thieves, — not by the possession of stolen goods alone.’

Yājñavalkya (2.13-15). — ‘If he shifts his position, licks the ends of his mouth, perspires in his forehead, his face becomes pale, speech is dry and halting, talks much and inconsistently, is not pleasant in the eye or in his speech, twists his lips, the natural condition of his mind, speech and body becomes changed, — such a person, whether he be a complainant or a witness, should be regarded as at fault or wicked.’

Rāmāyaṇa (Vyavahāratattva, p. 31). — ‘The man cannot hide his internal feelings entirely, without showing some slight shadow of it in his external appearance; it becomes exposed even against his will.’

 

 

VERSE 8.26

Section IV - The Commencement of Trials

 

आकारैरिङ्गितैर्गत्या चेष्टया भाषितेन च ।
नेत्रवक्त्रविकारैश्च गृह्यतेऽन्तर्गतं मनः ॥२६॥

ākārairiṅgitairgatyā ceṣṭayā bhāṣitena ca |
netravaktravikāraiśca gṛhyate'ntargataṃ manaḥ ||26||

 

The inner mind is indicated by such variations as those of aspect, gait, gesture, speech, and by changes in the eye and the face. — (26)

 

Medhātithi’s commentary (manubhāṣya):

What this verse does is to support, by ordinary experience, what has gone in the preceding verse; hence there is no repetition.

‘Ākāra’ is that which changes, variations; such as aspect and the rest.

‘Aspect’ has already been explained; the plural number is used in view of there being numerous individual aspects.

‘Gait,’ — this is in addition to what has gone in the preceding verse; it means the ordinary gait of a man being tripped or otherwise altered.

‘Speech’ — inconsistent and contradictory statements.

‘Changes in the face’ — the mouth being parched and so forth.

The rest has all been explained under the previous verse.

By means of the variations of all these the innermost heart is indicated even in ordinary life; such in brief is the meaning of the verse. — (26)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 260); — in Parāśaramādhava (Vyavahāra, p. 43); — in Smṛticandrikā (Vyavahāra, p. 112); — in Kṛtyakalpataru (22a), which has the following notes: — ‘Iṅgita’ stands for perspiration, thrilling of the hair, — ‘vikāra’ of the eye, the look of love or anger, — ‘ceṣṭita’, throwing about of the hand and so forth, — ‘gatyā’ halting gait and so forth; — ‘ceṣṭita’, inconsistent and contradictory statements, — ‘vaktra vikāra’, drying of the mouth &c; — and in Vīramitrodaya (Vyavahāra, p. 30b).

 

Comparative notes by various authors:

(verses 8.25-26)

See Comparative notes for Verse 8.25.

 

 

VERSE 8.27 [Protection of the Interest of Minors (bāla)]

Section V - Protection of the Interest of Minors (bāla)

 

बालदायादिकं रिक्थं तावद् राजाऽनुपालयेत् ।
यावत् स स्यात् समावृत्तो यावत्चातीतशैशवः ॥२७॥

bāladāyādikaṃ rikthaṃ tāvad rājā'nupālayet |
yāvat sa syāt samāvṛtto yāvatcātītaśaiśavaḥ ||27||

 

The king shall take care of the property owned by a minor, till such time as he may return from the teacher’s house, or till he may have passed his minority. — (27)

 

Medhātithi’s commentary (manubhāṣya):

An objection is raised — “The subject that was introduced was the investigation of suits; where then was the occasion for the protecting of the property of minors?”

Answer. — This subject has been introduced here, just with a view to show that the property of minors does not come within the scope of legal proceedings; it has to be protected by the king, like his own property; otherwise the minor’s uncles and other relatives would quarrel among themselves, each asserting — ‘I shall take care of it.’ There is no connection of this subject with the present context. It has had to be introduced here, — and not along with the exclusive ‘Duties of the King,’ — because in regard to this people may have the notion that even such property may form the subject of legal proceedings.

‘Bāladāyādi’ — that of which a minor is the ‘dāyāda,’ i.e., owner, in which sense the term is used here. The property owned by minors shall be taken care of by the king, till such time as he may return from the teacher’s house, or till he may have passed his minority. This second alternative of passing the minority is meant for those who pass their childhood in their own home (and are not handed over to an Ācārya). In the case of one however who has entered the teacher’s house as a Religious Student, even though he may have passed his minority, his property shall have to be looked after until he returns from the teacher’s house. Or, the meaning may he that in the case of twice-born persons, the ‘return’ shall be the limit, while in that of others, it shall be the ‘passing of minority.’ — (27)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 598), which explains ‘Bāladāyāgatam’ as ‘belonging to a minor’ and ‘ānupālayet’ as ‘should guard it against co-parceners’; — and in Vivādacintāmaṇi (p. 244).

 

Comparative notes by various authors:

Gautama (10.48). — ‘The property of infants must be protected until they attain their majority or complete their studentship.’

Vaśiṣṭha (16.8-9). — ‘The King shall protect the property of persons unfit to transact business; — but when a minor comes of age, his property must be made over to him.’

Viṣṇu (3.65, Vivādaratnākara, p. 598). — ‘The King shall protect the property of infants, of people without protectors and of women.’

Śaṅkha-Likhita (Do., p. 599). — ‘The King shall protect the property of infants, of persons unable to transact business, and of the wives of the Vedic Scholar and the Warrior. Ownerless properties revert to the King.’

Baudhāyana (Do.). — ‘Until sons are able to transact, business, they shall keep their property along with the accrued profits carefully till they attain majority.’

Agnipurāṇa (Rājadharma, 222.18-19). — (Same as Manu, reading ‘bālaputrāsu’ in place of ‘baśāputrāsu.’)

Kātyāyana (Do.). — ‘If a man dies leaving an infant, son, the relations shall protect his property.’

 

 

VERSE 8.28

Section V - Protection of the Interest of Minors (bāla)

 

वशाऽपुत्रासु चैवं स्याद् रक्षणं निष्कुलासु च ।
पतिव्रतासु च स्त्रीषु विधवास्वातुरासु च ॥२८॥

vaśā'putrāsu caivaṃ syād rakṣaṇaṃ niṣkulāsu ca |
pativratāsu ca strīṣu vidhavāsvāturāsu ca ||28||

 

There shall be similar protection in the case of barren women, of son-less women, of women devoted to their husbands, and of widows faithful to their husbands, — when their family is extinct, and when they are in distress. — (28)

 

Medhātithi’s commentary (manubhāṣya):

Whoever may be without a protector, that person’s property shall he taken care of by the king; the ‘barren’ women and the rest being mentioned only by way of illustration. It is only thus that the ‘protection of the people’ becomes accomplished. The preceding verse lays down the period of time during which the said protection of the property is necessary.

‘Vaśā’ — barren woman.

‘Sonless woman’ — one who has no son, or whose son is incapable, or whose son is in a bad condition.

Between vaśā and aputrā we have the copulative compound.

“The barren woman also is sonless.”

True, but both have been mentioned for the purpose of showing that even though her husband he alive, the said woman may be looked after; as on account of her being superseded (by another wife taken by her husband), her husband may neglect her.

‘Whose family is extinct’; — this is added with a view to indicate those who have no protector in the shape of husband’s younger brother, or paternal or maternal uncle, and being women, are themselves incapable of looking after their own property, — and whose other relations are jealous of her property. Otherwise, as a rule, the character and property of women should be looked after by her relations; as has been thus declared — ‘On the husband lies the burden of supporting and protecting the woman, for which he is capable; when the husband’s family becomes extinct, and there is no man left and no standing, and there are no Sapiṇḍas even left, her father’s people become her protectors; when both families are extinct, the king is the supporter and protector of the woman’ (Nārada, 13-28 to 29).

When the woman herself is, somehow, capable of taking care of herself, then there is nothing done by the relations; it is in view of this that the text has added — ‘of women in distress’; — this epithet indicating inability. Others have explained the term ‘women in distress’ to mean ‘those whose husbands are in distress’; — even a woman whose husband is alive becomes a tit object for the king’s care, if her husband is incapable of taking care of her. This applies to the case of women in whose family there are no men left to take care of them. The epithet ‘whose family is extinct’ thus means ‘those who have no family, i.e., relations.’

Others have explained the term ‘niṣkulā’ to mean the misbehaved woman; of those women also the property acquired by means of their beauty has to be protected by the king.

According to this explanation the term ‘niṣkulā’ has to be taken by itself (and not as qualifying the other terms).

‘Widows faithful to their husbands’; — ‘vidhavā,’ ‘widow,’ is one whose husband is dead; — ‘dhava’ being a synonym for ‘husband’; and she who is deprived of the dhava is ‘vidhavā,’ ‘widow.’ Till such time as she remains faithful to her husband, she deserves to have her property looked after by the king. In the event of her being unfaithful, she does not deserve to have any property at all, as we read in another Smṛti text — ‘She who is bent upon doing injury, who is devoid of modesty, who wastes money, who is addicted to misconduct — such a woman does not deserve to have property.’ Such a woman is to be banished; and this ‘banishment’ shall be only in the form of being driven away from the main apartment of the home, and not in being driven away entirely; because even in the; case of such women as have become outcasts the scriptures have laid down that they shall be; provided with a separate dwelling-house, clothing and food: — ‘In the case of outcast women also, this same action should be taken; clothing, food and water should be provided for them and they should live near the house.’ In view of this, wherever.we find an injunction regarding the banishment of such women, — e.g., in such texts as ‘the woman’s entire property, etc., etc.,’ — the ‘banishment’ should be understood to be of the nature just explained. And she deserves to retain what she may have saved from the fond that is granted her; this the relatives shall not take away.

So far as the present treatise (of Manu) is concerned, in regard to such women what has been proscribed is supersession, and not. the confiscation of property; as has been declared (under 9.80) — ‘She who drinks wine, misbehaves, or is disobedient, or diseased, or mischievous, or wasteful, shall always he superseded.’ Hence on the strength of Manu’s text, the above-quoted text as to the; unfaithful wife not deserving any property has to be explained as follows:

“Such a woman shall not receive that property which she should have received on account of her super-session; that is, she shall not receive what has been enjoined as to be; given to her in the following text — ‘To the superseded wife shall he given a compensation for her supersession.’ But what may have been given to her before that shall not be taken away from her.”

Our opinion however is that in the case of the woman who is inimical to her husband, or addicted to misbehaviour, confiscation of property is only right, and proper; since in Manu also (9.78) it has been declared that — ‘She who disregards her husband when she is maddened, or drunk, or diseased, shall be abandoned for three months, having been deprived of her ornaments and clothes’; — i.e., she shall be deprived of her ornaments and clothes before being abandoned. — (28)

 

Explanatory notes by Ganganath Jha:

‘Niṣkulāsu’ — ‘Those women who have no brother-in-law, or uncle to take care of them’ (Medhātithi and Rāghavānanda); — ‘harlots’ (‘others’ in Medhātithi); — ‘those maidens whose family is extinct’ (Govindarāja); — ‘those who have no Sapiṇḍas’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 512), which adds the following notes: — ‘Vaśā’, barren woman, — ‘aputrā’, one who has lost her son, — ‘Niṣkulā’ one who has lost all her paternal and maternal relations.

 

Comparative notes by various authors:

Viṣṇu (3.65). — (See under 27.)

Agnipurāṇa (Rājadharma, 222.20). — (Same as Manu.)

 

 

VERSE 8.29

Section V - Protection of the Interest of Minors (bāla)

 

जीवन्तीनां तु तासां ये तद् हरेयुः स्वबान्धवाः ।
तांशिष्यात्चौरदण्डेन धार्मिकः पृथिवीपतिः ॥२९॥

jīvantīnāṃ tu tāsāṃ ye tad hareyuḥ svabāndhavāḥ |
tāṃśiṣyātcauradaṇḍena dhārmikaḥ pṛthivīpatiḥ ||29||

 

While these women are alive, if their relatives should appropriate their property, — on them the righteous king shall inflict the punishment of thieves. — (29)

 

Medhātithi’s commentary (manubhāṣya):

This ‘punishment of thieves’ has been laid down for those relatives who should appropriate the property of women. They appropriate her property in manifold wavs; giving out., for instance, that — ‘she is not mistress of herself as regards what she gives away and what she enjoys, — I am the real owner of the; property.’

It is in view of the possibility of people thinking that such misappropriators are not ‘thieves’ that the text lays down the ‘punishment of thieves’ for them.

‘While they are alive, if the relations’ — brother-in-law and others — ‘should appropriate their property, — on them the king shall inflict punishment,’ — shall punish them.

The ‘punishment of thieves’ is going to be described later on (verse 334) — ‘With whatever limb a thief operates against men, each of those limbs the King shall cut off, in order to prevent the repetition of the act.’

What the verse means is that the property of helpless women should be specially guarded against her own relations; guarding against thieves being the duty that has been laid down for the King as owing to the entire kingdom. — (29)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 2.147), in support of the view that except the husband, no co-parcener should lay hands upon the property of women during their life-time; — in Aparārka (p. 752), to the effect that when the woman is dead, her relations do have a right to her Strīdhana property; — in Vivādaratnākara (p. 512); and in Vyavahāramayūkha (p. 70).

 

Comparative notes by various authors:

Kātyāyana (Aparārka, p. 752). — ‘While the woman is alive, her husband or sons or brother-in-law or relations have no power over her strīdhana; if they take it from her, they should be punished.’

Agnipnrāṇa (Rājadharma, 222.21). — (Same as Manu.)

 

 

VERSE 8.30 [Unclaimed Property]

Section VI - Unclaimed Property

 

प्रणष्टस्वामिकं रिक्थं राजा त्र्यब्दं निधापयेत् ।
अर्वाक् त्र्यब्दाद्द् हरेत् स्वामी परेण नृपतिर्हरेत् ॥३०॥

praṇaṣṭasvāmikaṃ rikthaṃ rājā tryabdaṃ nidhāpayet |
arvāk tryabdādd haret svāmī pareṇa nṛpatirharet ||30||

 

Property, the owner whereof has disappeared, the King shall keep for three years; up to three years the owner may receive it; but after that the King (shall take it). — (30)

 

Medhātithi’s commentary (manubhāṣya):

When some one has lost something, — it having dropped on the ground while he was going along the road, or in the forest, — and the conservator of the forests, or some other official of the King, finds it and brings it to the King, — the King shall arrange for its safe keeping and have it kept exposed to view at the royal gate or on the public road, and made it known by heat of drum if any one has lost anything; or he shall have it kept in charge of keepers on the spot where it was found. For three years he shall thus keep it.

Then, before the lapse of three years, if some one reports with proofs that the property belongs to him, then it should he made over to him, after deducting the sixth part of it, which is said (in verse MM) to be the King’s share; and after the lapse of three years the King shall take the property into his own treasury.

That ‘riktha,’ ‘property,’ is said to be ‘praṇaṣṭasvāmika,’ of which the owner has ‘disappeared’ — i.e., cannot he traced.

‘Tryabdam’ denotes the aggregate of three years; the feminine affix being absent, just as it is in the compound ‘trivarṣam.’ The term ‘abda’ is synonymous with ‘year.’

‘Shall keep’ — shall have it deposited.

‘Up to three years,’ — i.e., before the period of three years is over, — ‘the owner may receive it,’ — assert, his ownership.

The term ‘arvāk,’ ‘up to’ denotes limit, and indicates priority of time or place.

Others have explained the sentence ‘the king shall lake it’ to convey the permission to him to enjoy the property. What these people mean is that even after the lapse of throe years, it would, not be right for the King to ‘take’ or possess what belongs to another person; and hence what is meant is that after the lapse of three years, if the lightful owner does not turn up, the King shall enjoy the usufruct of the property.

But how will these people explain the verse ‘Whatever an owner sees enjoyed by others during ten years, and though present, says nothing, that he shall not recover’ (8.117)? Further, if it he asserted that the ‘taking away’ of another man’s property cannot be right, — then the using also of such property cannot be right. Specially as another man’s property in the shape of clothing and the like, becomes unfit by use. For these reasons it is only right that the mention of ‘taking away’ should he taken to mean actual possession; specially as enjoyment, which is the fruit of possession, would be present (according to the other view also). Then again, what sort of ‘enjoyment of usufruct’ would there ho in the case of such property as the elephant, the house and the like?

Thus then, there is no reason for abandoning the direct literal meaning of the words; specially as the root ‘hṛ,’ ‘to take away,’ has often been found to be used in the sense of possession, as in such phrase ‘riktham haret,’ ‘shall take possession of the property.’ Hence what the sentence means is that after three years the King shall ‘take’ — i.e., take possession of — the property. — (30)

 

Explanatory notes by Ganganath Jha:

This rule is meant for only such property as does not belong to a Brāhmaṇa — says Nandana.

This verse is quoted in Aparārka (p. 778), which notes that the rule (relating to the keeping of the property for three years) pertains to the case of property belonging to Brāhmaṇas with exceptional qualifications; — in Mitākṣarā on 2.38, which notes that the meaning is that for three years, the property must be kept in safe custody; if the owner turns up before the lapse of one year, the entire property should be handed over to him; but if he turns up after one year then a portion of the property is to be taken by the king as fee for keeping it; the proportion being specified below in verse 33; it adds that the last clause, permits the king to spend the property after three years, only in the case of the owner not turning up at all. — It is quoted again under 1.173, where it is noted that the period of three years is meant for the case of the owner being a Brāhmaṇa ‘endowed with learning and character.’

It is quoted in Madanapārijāta (p. 226), which notes that this only permits the king to make use of the property (not to make it his own). In view of what the Mitākṣarā and Aparārka have said, it is interesting to note that Madnapārijāta reads ‘abdam’ and ‘abdāt’, which clearly puts down the period as one year only.

It is quoted in Vyavahāramayūkha (p. 87), which also notes that the rules refer to the property of a Brāhmaṇa learned in the Veda.

This is quoted in Vīramitrodaya (Rājanīti, p. 266), which adds the following notes: — Reading this text along with Yājñavalkya (2-33), we take the rule to be that, if the owner turns up before the lapse of one year, the entire property should be made over to him, but if after that, the king should take from it his own share; — for three years he should keep the property in the same condition in which it was found; and after that he is permitted to spend out of it; — and if the owner turns up after three years, then the king should take out of it his own share, which should be equal to that of the owner, — giving the fourth part of the royal share to the man who found the property.

It is quoted in Nṛsiṃhaprasāda (Āhnika, p. 36a and Vyavahāra, p. 27b).

 

Comparative notes by various authors:

Gautama (10.36-38). — ‘Those who find lost, property, the owner of which is not known, shall report it to the King. The King shall cause it to be proclaimed and hold it in his custody for a year. After that one-fourth of the value of the property goes to the finder and the remainder to the King.’

Vaśiṣṭha (16.19-20). — ‘Property entirely given up goes to the King. If it be otherwise, the King with his ministers and the citizens shall administer it.’

Yājñavalkya (2.33). — ‘The property lost and found, the King shall make over to him to whom it belongs; if he fails to substantiate with proofs his claim to it, he shall he punished with fine equal to the value of the property.’

Do. (2.172). — ‘If a man obtains from another person the property that had been stolen or lost, — without reporting it to the King — he should he fined 96 Paṇas.’

Yājñavalkya (2.173). — ‘When a stolen or lost property is brought to the King by the customs-officers or by village-officers, the owner thereof shall get it if he turns up before one year; after that the King shall take it himself.’

Agnipurāṇa (Rājadharma, 222.16-17). — (Same as Manu.)

Arthaśāstra (p. 96). — ‘If the owner of the lost property proves his ownership, he obtains what had been lost and recovered. If he fails to prove his ownership, he is fined the fifth part of the value of the article: and the article becomes the lawful property of the King; if the owner takes forcible possession of the article lost and found, he is to he fined the first amercement. Property lost and found should remain deposited in the Customs Office; and after three fortnights, it is to he handed over to the rightful owner or surrendered to the royal treasury.’

 

 

VERSE 8.31

Section VI - Unclaimed Property

 

ममैदमिति यो ब्रूयात् सोऽनुयोज्यो यथाविधि ।
संवाद्य रूपसङ्ख्यादीन् स्वामी तद् द्रव्यमर्हति ॥३१॥

mamaidamiti yo brūyāt so'nuyojyo yathāvidhi |
saṃvādya rūpasaṅkhyādīn svāmī tad dravyamarhati ||31||

 

He who says ‘this is mine’ should be questioned in proper form; and the owner ought to receive the property after having correctly described the colour, the number and other details regarding it. — (31)

 

Medhātithi’s commentary (manubhāṣya):

The author explains in what, manner the rightful owner shall establish bis ownership over the lost property.

Whenever any one comes and says ‘this is my property,’ ‘he should be questioned in proper form.’ — ‘Questioned,’ i.e., examined.

“What is the proper form of questioning?”

The questioning could be done in the following manner: — What is the article that has been lost? Of what colour? Of what size? What is the number of things? Was it dropped or not dropped? If it was dropped, at which place was it dropped? Whence did you obtain it?

If he gives a correct account of the colour, number and other details; ‘colour’ of animals, clothes and the like: ‘the cow or the cloth lost was white’; similarly the ‘number’: ‘there were ten cows or yokes.’ ‘Other details’ — such as, e.g., if it was gold what was its weight, if it was in a lump or a definite shape. If he gives a correct account of all this, then he establishes his ownership, and as such ‘ought to receive the property.’

An ‘account’ is called ‘correct,’ when it is found that what it describes is in exact agreement with what is known by other means of knowledge.

The mention of ‘colour, number and other details’ is only by way of illustration, and; implies also the producing of witnesses and other evidence of ownership. — (31)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 347), which adds the following notes’ — ‘anuyojyaḥ’ ‘should be questioned’, — ‘rūpam’, ‘white and so forth’, — ‘saṅkhyā,’ ‘four, five &c’, — the term ‘ādi’ is meant to include the ‘kind’ character and such other details regarding lost property.

It is quoted in Madanapārijāta (p. 226); — and in Nṛsiṃhaprasāda (Āhnika, p. 36a).

 

Comparative notes by various authors:

(verses 8.31-32)

Agnipurāṇa (Rājadharma, 222-17-18). — (Same as Manu.)

Yājñavalkya (2-33.2173 (?)). — (See under 29 and 30.)

 

 

VERSE 8.32

Section VI - Unclaimed Property

 

अवेदयानो नष्टस्य देशं कालं च तत्त्वतः ।
वर्णं रूपं प्रमाणं च तत्समं दण्डमर्हति ॥३२॥

avedayāno naṣṭasya deśaṃ kālaṃ ca tattvataḥ |
varṇaṃ rūpaṃ pramāṇaṃ ca tatsamaṃ daṇḍamarhati ||32||

 

If he does not provide a correct account of the place and time, and also the colour, form and size of the lost article, he deserves a fine equal to that article. — (32)

 

Medhātithi’s commentary (manubhāṣya):

This verse lays down the penalty for preferring a false claim.

He who does not provide a ‘correct’ — true — account of the time and place of the lost article — that ‘it was lost at such a time and at such a place’; — ‘colour’ white and the rest; ‘form’ — that ‘it was a piece of cloth, or a pair of petty-coats’ and so forth; ‘size’ — that‘it was five cubits or seven cubits in length’; — if he fails to give a correct account of all this, then he deserves a fine equal to the property to which he had laid a false claim. — (32)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 347).

 

Comparative notes by various authors:

(verses 8.31-32)

See Comparative notes for Verse 8.31.

 

 

VERSE 8.33 [Property lost and recovered]

Section VII - Property lost and recovered

 

आददीताथ षड्भागं प्रनष्टाधिगतान्नृपः ।
दशमं द्वादशं वाऽपि सतां धर्ममनुस्मरन् ॥३३॥

ādadītātha ṣaḍbhāgaṃ pranaṣṭādhigatānnṛpaḥ |
daśamaṃ dvādaśaṃ vā'pi satāṃ dharmamanusmaran ||33||

 

Property that has been lost and found should remain in the charge of specially deputed (officials); and the thieves that he may detect in connection with this, the king shall cause to be killed by an elephant. — (33)

 

Medhātithi’s commentary (manubhāṣya):

‘Pranaṣṭādhigatan’ — that which has been lost and then found, i.e., at first lost and subsequently found.

‘Should remain in charge of officials specially deputed’ — whose chief duty is to take care of the property.

While it is thus kept, if thieves should happen to steal it, — then these thieves the King shall cause to be killed by an elephant.

The specification of the ‘elephant’ can only he with a view to some invisible (transcendental) result. — (33)

 

Explanatory notes by Ganganath Jha:

Which particular part of the property is to be taken by the king in any particular case shall depend upon the length of time for which it has been kept by the king (Medhātithi and Rāghavānanda), — or on the trouble involved in keeping it (Medhātithi and Govindarāja), — or on the character of the owner (Kullūka and Nārāyaṇa).

This verse is quoted in Mitākṣarā (on 2.33), which concludes that dining the first year, the king should hand over to the owner the entire property, keeping nothing for the state, — during the second year he should keep for the state the twelfth part of it, — during the third year, its tenth part, — and during the fourth year and onwards, the sixth part; and in every case the fourth part of the royal share should be given to the man who found the property. — This is again quoted in the same work under 2.173, where also the same explanation is accepted.

It is quoted in Aparārka (p. 778), which declares that whether the king shall take the larger or smaller share shall depend upon the trouble involved in the keeping of the property.

It is quoted in Vyavahāramayūkha (p. 87), which accepts the explanation given in the Mitākṣarā, and adds that the rule that the king should take the whole property after the lapse of three years is meant for those cases where the owner of the property is not known; but in cases where it is known that such and such an article has been forgotten here by this or that man, — the property has to be handed over to him, even though he may turn up after the lapse of three years.

It is quoted in Vivādaratnākara (p. 347), which adds the following notes; — ‘Praṇaṣṭādhigatāt’ means ‘out of the property that was lost, discovered and kept in custody;’ — the alternatives regarding the portion to be taken by the king are based upon the amount of trouble involved in the keeping of the property; — this rule is meant for the case of property other than the ‘single-hoofed’ and the rest mentioned in Yājñavalkya (2.174).

It is quoted in Madanapārijāta (p. 226); — and in Vīramitrodaya (Rājanīti, p. 265), which adds the following notes: — ‘Praṇaṣṭa’ means ‘fallen away from the possession of the owner — if some such property has been found by the customs-officer or other officers guarding the place, and brought over to the king, — then out of that, if the owner should turn up to claim it during the first year, the king should hand over to him the whole of it, — if during the second year, he should keep for the state the twelfth part of it, — during the third year, the tenth part, and during the fourth year and onwards, the sixth part, adding that the increased share is justified by the increased trouble involved in keeping the property for a longer period.

It is quoted in Nṛsiṃhaprasāda (Vyavahāra, p. 27b).

 

Comparative notes by various authors:

(verses 8.33-34)

Arthaśāstra (p. 96). — ‘In the case of the loss of property in the shape of a biped, the owner shall pay five Paṇas as the fee; in that of one-hoofed animals, 4 Paṇas; in the case of cows and buffaloes, 2 Paṇas; in that of small cattle, one fourth of a Paṇa; in the case of gems and minor metals, five per cent, of the value.’

Gautama (10.36-38). — (See under 30.)

Yājñavalkya (2.174). — ‘The owner should give to the Under 4 Paṇas in the case of a one-hoofed animal, 5 in the ease of man, two in the ease of buffaloes, camels and cows, and a fourth Paṇa in the case of sheep or goat.’

Nārada (Vivādaratnākara). — ‘If a man recovers his own property that had been lost, he shall report it to the King; and he shall take it only after he has proved his honesty.’

 

 

VERSE 8.34

Section VII - Property lost and recovered

 

प्रणष्टाधिगतं द्रव्यं तिष्ठेद् युक्तैरधिष्ठितम् ।
यांस्तत्र चौरान् गृह्णीयात् तान् राजैभेन घातयेत् ॥३४॥

praṇaṣṭādhigataṃ dravyaṃ tiṣṭhed yuktairadhiṣṭhitam |
yāṃstatra caurān gṛhṇīyāt tān rājaibhena ghātayet ||34||

 

Out of the property that has been lost and found, the king, remembering the duty of good men, shall take the sixth part, or the tenth, or the twelfth. — (34)

 

Medhātithi’s commentary (manubhāṣya):

‘Shall take’ — sieze — either the sixth or the tenth or the twelfth part — of the property lost and found, and make over the remainder to the owner. During the first year, he shall take the twelfth part, during the second year, the tenth part, and during the third year, the sixth part. Or, the option regarding the share may be based upon the amount of trouble entailed in taking care of the property.

‘Remembering the duty of good men,’ — i.e., knowing that such is the practice among cultured people. — (34)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 347), which adds the following notes: — ‘Praṇaṣṭādhigatam’, ‘was first lost and then recovered’; — ‘yuktaiḥ’, ‘carefully devoted to guarding the property — ‘ibhena’, ‘by means of an elephant’; — and in Vivādacintāmaṇi (p. 149). which notes that the ‘guarding’ is to be done by the king’s officers, and explains ‘ibhena’ as ‘by an elephant’.

 

Comparative notes by various authors:

(verses 8.33-34)

See Comparative notes for Verse 8.33.

 

 

VERSE 8.35 [Treasure-trove (nidhi)]

Section VIII - Treasure-trove (nidhi)

 

ममायमिति यो ब्रूयान्निधिं सत्येन मानवः ।
तस्याददीत षड्भागं राजा द्वादशमेव वा ॥३५॥

mamāyamiti yo brūyānnidhiṃ satyena mānavaḥ |
tasyādadīta ṣaḍbhāgaṃ rājā dvādaśameva vā ||35||

 

In regard to a treasure-trove, if a man says truly ‘this is mine,’ — from him the king shall take the sixth part, or only the twelfth part. — (35)

 

Medhātithi’s commentary (manubhāṣya):

Treasure secretly buried under the ground is called ‘nidhi,’ ‘treasure-trove.’ There are treasure-troves that have lain under the ground for a hundred, or even a thousand years. If, when the ground is being dug, such a treasure-trove is somehow found by some one, it belongs to the state. As says Gautama (10.43) — ‘Treasure-trove when found is state-property.’ But this applies only to the case of a treasure-trove the original hoarder of which is not known. And with regard to this it has been laid down that one who reports the find is to receive the sixth part of it.

The present verse refers to the case where the original hoarder is either the person reporting the find himself or a descendant of his.

‘If a man says “this is mine” truly’ — i.e., on reliable evidence, — ‘from him the King shall take the sixth part’ — at which the King’s share is fixed. That is, the King is to take the sixth part out of that treasure-trove of which the rightful owner has been discovered with certainty.

The option regarding the ‘sixth’ or ‘twelfth’ part is based upon the qualities of the finder. — (35)

 

Explanatory notes by Ganganath Jha:

The amount to be taken depends ‘upon the character of the finder’ (Medhātithi, Kullūka and Rāghavānanda), — or ‘on the caste of the finder’ (Nārāyaṇa), — or, ‘on the time, place, the caste of the finder and so forth’ (Govindarāja).

This verse is quoted in Aparārka (p. 641), which adds that the amount of the royalty shall be determined in due accordance with the character (of the claimant, and of the treasure); — in Mitākṣarā (on 2.34-35), which notes that the proportion of the royalty is to be determined by considerations of the caste of the claimant, the nature of the place and time and such other details; — in Vivādaratnākara (p. 642), which adds the following notes: — ‘Nidhi’ here stands for ‘treasure buried underground long ago and forgotten’, — whether the king shall receive the sixth or twelfth part shall depend upon the virtuous character or otherwise of the person claiming it.

It is quoted in Vyavahāramayūkha (p. 88), which appears to take the meaning to be that the king shall take the sixth part for the state, and also the twelfth part for the person who discovered the treasure.

It is quoted in Vīramitrodaya (Rājanīti, p. 269), which adds that the exact proportion shall depend upon the time and upon the qualifications of the owner of the treasure; — and that this refers to treasure belonging to others than the Brāhmaṇas.

 

Comparative notes by various authors:

Viṣṇu (3.63). — ‘Of treasure anciently hidden by themselves, men of all castes excepting Brāhmaṇas, shall give a twelfth part to the King.’

Yājñavalkya (2.35). — ‘When some one has discovered hidden treasure, the King shall take the sixth part of it. In cases where the find is not reported to the King, on coming to know of it, he shall take the whole of it, and also fine the finder.’

Vaśiṣṭha (3.13). — ‘If anyone finds treasure, the owner of which is not known, the King shall take it, giving one-sixth to the finder.’

Gautama (10.43-45). — ‘Treasure-trove is the property of the King, — excepting such as is found by a Brāhmaṇa who lives according to the law. Some people declare that a finder belonging to a non-Brāhmaṇical caste also, who reports the find to the King, shall obtain the sixth part of its value.’

Nārada (Vivādaratnākara, p. 343). — ‘If a man finds treasure hidden by some one else, he shall take it to the King; all treasure-trove, to whomsoever it may have belonged, should go to the King; except that belonging to the Brāhmaṇa.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, pp. 269-270). — ‘Having obtained a treasure-trove, the King shall keep half of it in his Treasury; and the other half the righteous King shall make over to Brāhmaṇas.’

 

 

VERSE 8.36

Section VIII - Treasure-trove (nidhi)

 

अनृतं तु वदन् दण्ड्यः स्ववित्तस्यांशमष्टमम् ।
तस्यैव वा निधानस्य सङ्ख्ययाऽल्पीयसीं कलाम् ॥३६॥

anṛtaṃ tu vadan daṇḍyaḥ svavittasyāṃśamaṣṭamam |
tasyaiva vā nidhānasya saṅkhyayā'lpīyasīṃ kalām ||36||

 

But he who speaks falsely shall, be fined the eighth part of his property, or a smaller fraction, on calculation, of that same treasure-trove. — (36)

 

Medhātithi’s commentary (manubhāṣya):

But when the man, who has made the statement ‘this treasure was hoarded by me, or by my forefathers,’ fails to prove this, — then being a liar, he should be fined the eighth part of what his own property may be, — or a smaller fraction of that same treasure-trove, it is not necessary that he should he made to pay in the same metal, gold or otherwise, as that which has been found; he may pay in some other metal of equal value to the former; the exact amount of the fine being such as does not ruin the culprit, and yet teaches him a lesson.

The option is based either upon the peculiarity of the attendant circumstances of each case, or the qualities of the person concerned. That this is so is indicated by the fact that the latter punishment is lighter than the former one, which is excessive. Thus then, where the man is possessed of a large property, and the treasure concerned is small, there the fine shall not be in proportion to the latter; in this case the fine shall be in proportion to the man’s property; the former would be too little (to be a deterrent). — (36)

 

Explanatory notes by Ganganath Jha:

The amount of the fine depends on the circumstances of the case and the virtues of the offender (Medhātithi), — or only on the virtues of the offender (Govindarāja, Kullūka and Rāghavānanda).

The first half of this verse is quoted in Aparārka (p. 641); — and the whole verse in Vivādaratnākara (p. 642), which adds the following notes: — ‘Alpīyasīm kalām’ implies that'the fine is to be imposed in such a manner that the entire treasure may not become absorbed, — this being meant for those cases where the exact extent of the entire-property is not known.

 

Comparative notes by various authors:

Agnipurāṇa (Rājadharma, 222.16). — (Same as Manu.)

Viṣṇu (3.64). — ‘The man, who falsely claims property hidden by another as having been hidden by himself, shall he condemned to pay a fine equal in amount to the property falsely claimed by him.’

Yājñavalkya (2.35). — (See under 31.)

Nārada (Vivādaratnākara, p. 642). — ‘If a man recovers his own lost property, he shall report it to the King; and if he makes good his claim, he shall take it; otherwise he would be suspected.’

 

 

VERSE 8.37

Section VIII - Treasure-trove (nidhi)

 

विद्वांस्तु ब्राह्मणो दृष्ट्वा पूर्वोपनिहितं निधिम् ।
अशेषतोऽप्याददीत सर्वस्याधिपतिर्हि सः ॥३७॥

vidvāṃstu brāhmaṇo dṛṣṭvā pūrvopanihitaṃ nidhim |
aśeṣato'pyādadīta sarvasyādhipatirhi saḥ ||37||

 

A learned Brāhmaṇa, having found treasure buried by his forefathers, shall take it wholly; as he is the master of everything. — (37)

 

Medhātithi’s commentary (manubhāṣya):

When a learned Brāhmaṇa finds the treasure that bad been buried by his forefathers — father, grandfather and so forth, — then ‘he shall take it wholly,’ and shall not hand over to the king the aforesaid part of it.

In support of this the text adds a supplementary exaggeration — ‘as he is the master of everything,’ — as has been declared under 1.100.

The rule here laid down applies to the case where the treasure belongs to the Brāhmaṇa; when however its rightful owner is not known, then, even though it may have boon found by a ‘learned Brāhmaṇa,’ the king’s share has to be paid; as it is going to be declared (in 39) that — ‘of all ancient hoards...... the king is entitled to one-half.’ — (37)

 

Explanatory notes by Ganganath Jha:

‘Pūrvoyanihitam’ — ‘Deposited by ancestors’ (Medhātithi, Govindarāja and Nārāyaṇa); — ‘deposited in former times’ (Kullūka).

 

Comparative notes by various authors:

Gautama (10.43-44). — ‘Treasure-trove is the property of the King; — excepting such as is found by a Brāhmaṇa who lives according to the Law.’

Vaśiṣṭha (3.14). — ‘If a Brāhmaṇa following the six lawful qualifications finds the treasure, the King shall not take it.’

Viṣṇu (3.58). — ‘A Brāhmaṇa who has found treasure may keep it entire.’

Yājñavalkya (2.34). — ‘The learned Brāhmaṇa shall take the treasure; since he is the master of all.’

Nārada (Vivādaratnākara, p. 643). — ‘If a man comes by treasure hidden by another, he shall present it to the King; as all Treasure-trove is the property of the King, except what belongs to the Brāhmaṇa. The Brāhmaṇa also, coming by hidden treasure, shall report it to the King, and it is only when it is made over to him by the King that he should enjoy it; if he failed to report the find, he would be a thief.’

Agnipurāṇa (222. 14). — ‘The Brāhmaṇa finding hidden treasure, shall take it all to himself.’

 

 

VERSE 8.38

Section VIII - Treasure-trove (nidhi)

 

यं तु पश्येन्निधिं राजा पुराणं निहितं क्षितौ ।
तस्माद् द्विजेभ्यो दत्त्वाऽर्धमर्धं कोशे प्रवेशयेत् ॥३८॥

yaṃ tu paśyennidhiṃ rājā purāṇaṃ nihitaṃ kṣitau |
tasmād dvijebhyo dattvā'rdhamardhaṃ kośe praveśayet ||38||

 

When the king himself finds a hoard buried of old under the ground, he shall give one-half of it to the Brāhmaṇas and have the other half put in his treasury. — (38)

 

Medhātithi’s commentary (manubhāṣya):

When the king himself has found treasure, this text lays down that he shall give one-half of it to the Brāhmaṇas.

The term ‘Treasury’ stands for the place of hoarding.

‘Buried of old under the ground’; — this describes the nature of the treasure-trove. — (38)

 

Comparative notes by various authors:

Gautama (10.43). — (See under 37.)

Viṣṇu (3.56-57). — ‘Of a Treasure-trove he must give one half to the Brāhmaṇas; — he may deposit the other half in his Treasury.’

Yajñavalkya (2.34). — ‘Having found a Treasure-trove, the King shall give half of it to Brāhmaṇas; — the learned Brāhmaṇa however, may take the whole of what he finds; since he is the master of all.’

Agnipurāṇa (222.14). — ‘The King shall deposit half of it in the Treasury and give the other half to Brāhmaṇas; the good Brāhmaṇa however takes the whole of the hidden treasure that he has found.’

 

 

VERSE 8.39

Section VIII - Treasure-trove (nidhi)

 

निधीनां तु पुराणानां धातूनामेव च क्षितौ ।
अर्धभाग् रक्षणाद् राजा भूमेरधिपतिर्हि सः ॥३९॥

nidhīnāṃ tu purāṇānāṃ dhātūnāmeva ca kṣitau |
ardhabhāg rakṣaṇād rājā bhūmeradhipatirhi saḥ ||39||

 

Of ancient hoards, as also of minerals under the ground, the king is entitled to his share, by reason of his protecting them, — he being the lord of the soil. — (39)

 

Medhātithi’s commentary (manubhāṣya):

The clause — ‘of ancient hoards, etc’ — is supplementary to the before-mentioned rule that the king should take one-half of the treasure even when it is found by other persons; — while the clause ‘of minerals under the ground’ lays down what has not been mentioned before. Gold, silver and other metals in their crude form, as also red lead, black collyrium and other substances (in their crude form) are what are called ‘minerals.’ So that the man who operates golden and other mines, as also one who makes his living by digging out red chalk and such substances from mountains, has to pay the king’s share.

‘Ardhabhāk,’ ‘is entitled to a share’ — The term ‘ardha’ here should be taken as standing for share or part in general; because it occurs in a compound; just as in the compounds ‘nagarārdha’ and ‘grāmārdha’ (which mean part of the city, part of the village); it is only when it is used in the neuter form that it means exactly half; in the present instance however, as it occurs in a compound and its gender is not ascertainable, it has to be taken as standing for the sixth or twelfth part, which has been spoken of in the present context. ‘He is entitled to his share’; — this means that he takes a part of it.

The reason for this is stated — ‘on account of his protecting them’ — Though when the treasure is buried under the ground, there is no need for any royal protection, yet it is open to the risk of being taken away by some powerful person; so that there is need for the king’s care. It is with a view to this that it has been added — ‘he being the lord of the soil’; — he is the master of the soil, so that when something has been obtained out of the soil that belongs to him, it is only right that he should receive his share out of it. — (39).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 267), which adds that this verse is supplementary to 38, and notes that the second half, which the king should deposit in his treasury (in terms of verse 38), is to be so kept with the clear purpose of handing it over to the rightful claimant when he turns up.

 

Comparative notes by various authors:

Gautama (10.43-45). — ‘Treasure-trove is the property of the King, — except that which is found by a Brāhmaṇa living according to Law; — some declare that a non-Brahmaṇa also finding hidden treasure and reporting it to the King, shall receive one-sixth of its value.’

Vaśiṣṭha (3.13). — ‘If any one finds treasure, the owner whereof is not known, the King shall take it, giving one-sixth to the finder.’

Viṣṇu (3.58-62). — ‘A Brāhmaṇa finding treasure shall keep it entire; a Kṣatriya finding treasure must give one-fourth of it to the King, another fourth to Brāhmaṇas and keep half to himself; a Vaiśya finding treasure must give a fourth part to the King, one-half to Brāhmaṇas and keep the remainder to himself. A Śūdra finding treasure should divide it into twelve parts and give five parts to the King, five to Brāhmaṇas and keep two parts to himself. Let the King compel him who having found treasure does not report it to the King and is found out afterwards — to give up the whole.’

Y ājñavalkya (2.35). — ‘If some one else finds a treasure, the King shall take the sixth part of it; if he has not reported it to the King and is found out, he should be compelled to deliver the treasure and also pay a line.’

Agnipurāṇa (222.14). — (See under 38.)

 

 

VERSE 8.40 [Stolen Property]

Section IX - Stolen Property

 

दातव्यं सर्ववर्णेभ्यो राज्ञा चौरैर्हृतं धनम् ।
राजा तदुपयुञ्जानश्चौरस्याप्नोति किल्बिषम् ॥४०॥

dātavyaṃ sarvavarṇebhyo rājñā caurairhṛtaṃ dhanam |
rājā tadupayuñjānaścaurasyāpnoti kilbiṣam ||40||

 

Property stolen by thieves should be restored by the king to men of all castes; by retaining such property, the king imbibes the sin of the thief. — (40)

 

Medhātithi’s commentary (manubhāṣya):

When any property is stolen by thieves, the king should recover it; but he should not use it himself; he should restore it to the persons that may have been robbed.

The use of the term ‘all’ implies that stolen property shall be restored to Caṇḍālas also.

If we read ‘caurāhṛtam’ (in place of ‘chaurairhṛtam’), the compound should be expounded as ‘chaurebhyaḥ āhṛtam’ — i.e., recovered from thieves — in accordance with Pāṇini 2.1.32. If we adopt the (third) reading ‘chaurahṛtam,’ the compounding would be in accordance with Pāṇini 2.1.30.

What is meant is that if the property stolen by thieves is incapable of being recovered, it should be made good by the king out of his own treasury.

The second half of the verse — ‘By making use, etc.’ — should be construed as follows: — The participle ‘upayuñjānaḥ’ — derived from the root ‘yuja’ with the preposition ‘upa’ — should be taken to indicate figuratively non-restoration; the sense being that ‘if the king does not restore to the person concerned the property that is his due, and if he uses that property for his own purposes’, then it is said to be ‘retained’ by him; and ‘by retaining such property the king imbibes the sin of the thief,’ — ‘kilviṣa’ meaning sin. — (40)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 2.36), which adds: — (a) If the king recovers the stolen property from the thieves and keeps it for himself, he takes the sin of the thief, (b) if he ignores the theft, then the sins of the people fall upon him; (c) if, having tried his best to recover the stolen property, he fails to do so, he should make good the loss out of his own treasury.

 

Comparative notes by various authors:

Gautuma (10.46-47). — ‘Having recovered property stolen by thieves, he shall return it to the owner; — or he shall pay its value out of his own treasury.’

Āpastamba (2.26.8) (2.268?). — ‘The King’s officers should ho made to repay what is stolen within the boundaries of their charge.’

Viṣṇu (3.66-67). — ‘Having recovered the goods stolen by thieves, let him restore them entire to their owners, to whatever caste they may belong. If he is unable to recover them, he must pay their value out of his own treasury.’

Yājñavalkya (2.36). — ‘The King should give to the people, what has been stolen by thieves; if he does not give it, he incurs the sin of stealing.’

Vyāsa (Aparārka, p. 641). — ‘If the King is unable to recover what has been stolen by thieves, he shall make it good out of his own treasury.’

Nārada (6.16 et seq.). — ‘He on whose land robbery has been committed must trace the thieves to the best of his power; or else, he must make good what has been stolen, unless the footmarks can be traced from that ground into another man’s ground. When the footmarks, after leaving that ground, are lost and cannot be traced any further, the neighbours, inspectors of the road and governors of that region shall be made responsible for the loss. When a house has been plundered, the King shall cause the thief-catchers, the guards and the inhabitants of that region to make good the loss, if the thief is not caught.’

 

 

VERSE 8.41 [Knowledge of Law, Custom and Usage necessary for the King]

Section X - Knowledge of Law, Custom and Usage necessary for the King

 

जातिजानपदान् धर्मान् श्रेणीधर्मांश्च धर्मवित् ।
समीक्ष्य कुलधर्मांश्च स्वधर्मं प्रतिपादयेत् ॥४१॥

jātijānapadān dharmān śreṇīdharmāṃśca dharmavit |
samīkṣya kuladharmāṃśca svadharmaṃ pratipādayet ||41||

 

The king knowing his duty shall determine the law for each man, after haying duly examined the provincial laws pertaining to each caste, the law’s of guilds, as also the laws of families. — (11)

 

Medhātithi’s commentary (manubhāṣya):

Kuru, Kāśī, Kaśmīra and other regions with fixed boundaries are called ‘provinces,’ and laws obtaining in those are called ‘provincial’; by which are meant those laws that are observed by the people living in the province and called after it. Or, the term ‘province’ may stand for the inhabitants of the provinces, just as the men on the platform are called the ‘platform,’ when it is said that ‘the platforms are crying’; and the laws observed by these people would, in that case, he called ‘provincial’; — the nominal affix ‘aṇ’ being added in accordance with Pāṇini 4.3.120.

The compound ‘Jātijānapadāḥ is to be compounded as ‘jāteḥ-jānapadāh’; the meaning being ‘those provincial laws that pertain to each caste’; and these have to be maintained by the king.

‘Having examined,’ — i.e., duly considered the following points — (a) are these law’s contrary to the scriptures or not? (b) are they the source of trouble to some people or not?

After having duly considered all this, he shall ‘determine’ — cause to be observed — those laws that are found, on examination, to be not incompatible (with the scriptures or with the people’s convenience); as it is going to be declared later on (verse 46) — ‘What may have been practised by the good, etc., etc.’

Or, the compound ‘Jātijānapadāḥ’ may be expounded in such a manner as to make ‘jāti’ the qualification of ‘janapada’; the term ‘jāti’ in this case would indicate eternality, and would be only a laudatory epithet to ‘provincial laws’; the idea being that ‘just as genus is something eternal, so are the provincial laws also, in so far as they are not contrary to the scriptures’; all such visibly useful acts as the feeding of cattle, the storing of water in reservoirs and so forth being such as ought to be performed at all times.

Thus the meaning is that when the men of a certain village have laid down the rule that ‘cattle should not be taken to graze at such and such places,’ then if some one, for some purpose of his own, breaks this rule, — he shall be punished by the king.

Or, the term ‘jānapada’ may stand for those born in the province; i.e., the inhabitants of the province; and the compound ‘jātijānapadāḥ’ being expounded as ‘jātyā jānapadāḥ,’ and ‘jāti’ standing fot birth, — it would signify the eternal relationship between the province and the men born there; and the term ‘jātijānapadāḥ dharmāḥ’ would stand for those laws whose beginning cannot be traced, and which relate to the duly qualified persons among those born and living in a particular province. And though in this case the proper nominal affix to use would have been ‘cha’ (giving the form jānapadīya), according to Pāṇini 5.2.114, yet it is the ‘aṇ’-affix that has been used; this anomaly being permissible as a ‘Vedic anomaly.’

Or, it may be that the term ‘jātijānapadāḥ’ though directly denoting the inhabitants, has been applied here to their laws, — the two being regarded as identical; so that the phrase serves to restrict the scope of the law referred to, — this restriction being deduced from the men themselves; the sense thus is that the laws referred to pertain only to the men of certain localities, and not to all the Ārgas, — the former being such as have a morality akin to that of the lower animals, and not entitled to the performance of any other duties, they perform only such acts as are in keeping with their own customs; such, for instance, as the marrying of their own mother and so forth; — and as such in the performance of such acts, these men shall not be prevented by the king having his sway over the whole world (thence also over the barbarians); because such practices ane permitted by their ‘tribal custom,’ sanctioned by the geographical position oi the locality inhabited by them. Nor could such practices he regarded as ‘contrary to the scriptures’; because the incompatibility of scriptures has a meaning only for persons entitled to the scriptural acts, and not to lower beings.

An objection is raised — “In Manu (10.63), such duties as h armlessness, truthfulness, absence of anger, purity and control of the senses have been laid down in reference to the irregularly mixed castes; and barbarians also belong to the same category as those castes; so that if such men would not he committing something wrong in marrying their mother, or in not using water after urinating, what sort of ‘control of the senses’ or ‘purity’ would there be for them?”

This has been already answered. Purity and other duties pertain to the inhabitants of the whole of Āryāvarta; and so far as the four castes are concerned, there is no restriction of place regarding the duties pertaining to them.

Some people have held that the restriction as to the locality of the ‘laws’ pertains to some transcendental results; — as we shall point out later on.

There are people following a common profession; such, as tradesmen, artisans, money-lenders, coach-drivers and so forth; and the laws governing these are ‘guild-laws.’ E.g., certain principal tradesmen offer to the king his royal tax fixed upon verbally by their declaring before the king — ‘we are living by this trade, let the tax thereupon be fixed at such and such a rate, be our profits more or less’; now on the king agreeing to this, they join together and lay down certain rates among themselves, which are calculated to bring thorn larger profits and likely to be detrimental to the interests of the kingdom, — e.g., (a) ‘Such and such a commodity should not be sold during such and such a time,’ (a) ‘such and such is to be the tax payable either to the king or towards the celebration of some religious festival,’ and so forth. And if any one transgresses such rules, he shall be punished for acting against ‘guild-laws.’

‘Laws of families’; — ‘Family’ means race; some remote ancestor of well-known fame may have laid down the rule — ‘whenever any of my descendants earns wealth, he shall not make use of it without having first given something out of it to Brāhmaṇas’; — and such rules are what are meant by ‘laws of families’; or such rules as ‘priests and bridegrooms shall be selected out of those same families out of which they have been selected by one’s forefathers, provided that suitable men are available therefrom.’ One who acts against such laws shall be punished by the king.

These have been reiterated here with a view to preclude the idea that such laws govern only particular groups of men and as such cannot he regarded as ‘Equity’ proper.

The transgression of these laws does not fall within the category of ‘Breach of Contract,’ as we shall show later on. — (41).

 

Explanatory notes by Ganganath Jha:

‘Jānapada’ — ‘Of districts’ (Medhātithi, and Kullūka Govindarāja); — ‘of the inhabitants of one and the same village’ (Nārāyaṇa).

The customs here referred to are those that are not repugnant to the Scriptures (Medhātithi, Govindarāja, Kullūka and Rāghavānanda).

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 65), which has the following notes: — ‘Śreṇi-dharma’ customs established among such communities as those of the tradesmen and artisans, e.g., ‘such and such things are not to be sold on such a day’, — ‘Kuladharma;’ e.g., ‘in this family the piercing of the ears is to be done in the fifth year’in Kṛtyakalpataru (p. 6b); — and in Vīramitrodaya (Vyavahāra, p. 9b), which has the following notes: — ‘Jātijānapada’, laws relating to tribes, castes and to localities, — ‘Śreṇī’ stands for the corporation of persons belonging to the same profession, — ‘Svadharma’, the law promulgated by the king himself.

 

Comparative notes by various authors:

Gautama (11.10, 11, 20, 21). — ‘Those who leave the path of duty, he shall lead back to it; — for it is declared that he obtains a share of the spiritual merit gained by his subjects. The laws of countries, castes and families, which are not opposed to the scriptures, also have authority. Cultivators, traders, herdsmen, money-lenders and artisans have authority to lay down regulations for their respective classes.’

Āpastamba (2.15.1). — ‘The above considerations dispose also of the law of custom which is observed in countries or families.’

Bodhāyana (1.2.1-8). — ‘There is a difference of opinion regarding live practices in the South and in the North. He who follows those practices in any other country than where they prevail, commits sin; for each of those practices, the custom of the country should he the authority. Gautama declares that this is wrong; and one should not take heed of any of these practices, because they are opposed to the traditions of the cultured.’

Vaśiṣṭha (1.17). — ‘Manu has declared that the peculiar laws of countries, castes, and families may he followed in the absence of revealed texts.’

Do. (19.7). — ‘Let the King, paying attention to all the laws of countries, castes and families, make the four castes fulfil their particular duties.’

Viṣṇu (3.3). — ‘To keep the four castes and the four orders firm in the practice of their several duties.’

Yājñavalkya (1.360). — ‘Families, castes, guilds, corporations and the provinces, — when those deviate from the paths of their duty, the King should check them and bring them round to the right path.’

Śukranīti (4.5.89-91) — ‘The King should perform his duty by carefully studying the customs that are followed in countries and are mentioned in the scriptures, as well as those that are practised by castes, villages, corporations and families. Those customs that have been introduced in the country, caste or race should be maintained in the same condition; for otherwise the people get perplexed.’

Nārada (1.7). — ‘Families, guilds, corporations, one appointed by the King and the King himself are invested with the power to decide law-suits, — each succeeding one being superior to the one preceding in order.’

Bṛhaspati (1.26-30). — ‘Cultivators, artisans, artists, money-lenders, persons belonging to particular religious sects and robbers should adjust their disputes according to the rules of their own profession. The King shall cause the disputes of ascetics and of persons versed in sorcery and witchcraft to be settled by persons familiar with the three Vedas, and not decide them himself, for fear of rousing their resentment. Relatives, companies of artisans, assemblies, and other persons duly authorised by the King should decide law-suits among men, excepting causes concerning violent crimes; Meetings of Kindred, companies of artisans, assemblies and chief judges are declared to he the resorts for the passing of sentences, — to whom he whose cause has been previously tried may appeal in succession.’

Bṛhaspati (2.26.28). — ‘When a decision is passed in accordance with local custom, logic or the opinion of traders, the issue of the case is over-ruled by it. When the King, disregarding established custom, passes sentence, it is called the edict of the king, and local custom is over-ruled by it. The time-honoured institutions of each country, caste and family should be preserved intact; otherwise the people would rise in rebellion.’

 

 

VERSE 8.42

Section X - Knowledge of Law, Custom and Usage necessary for the King

 

स्वानि कर्माणि कुर्वाणा दूरे सन्तोऽपि मानवाः ।
प्रिया भवन्ति लोकस्य स्वे स्वे कर्मण्यवस्थिताः ॥४२॥

svāni karmāṇi kurvāṇā dūre santo'pi mānavāḥ |
priyā bhavanti lokasya sve sve karmaṇyavasthitāḥ ||42||

 

For men following their respective occupations, — even though living at a distance, — come to be liked by the people, while they remain firm in their own duties. — (42)

 

Medhātithi’s commentary (manubhāṣya):

This verse shows that the aforesaid ‘local’ and other laws serve both visible (temporal) and invisible (spiritual) purposes.

‘Their respective occupations,’ — in accordance with the condition of their families; — the men who follow these‘come to be liked.’ As a rule it is only men living near each other that come to be liked; but the man who follows his own occupation is liked also when he is at a distance.

‘While they remain firm in their own duties’; — this stands for not encroaching upon the work of other persons; — the meaning of the verse being that — ‘those who do not encroach upon the work of others come to be liked by all men.’ — (42).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (6b).

 

Comparative notes by various authors:

Śukranīti (4.5.92, 100). — ‘Those customs that have been introduced in the country, caste or race should be maintained in the same condition. Those whose customs have been received by traditions and have been practised by their own ancestors are not to he condemned for following them.’

Atrisaṃhitā (12). — (Same as Manu.)

 

 

VERSE 8.43 [General Rules regarding Judicial Proceedings]

Section XI - General Rules regarding Judicial Proceedings

 

नोत्पादयेत् स्वयं कार्यं राजा नाप्यस्य पूरुषः ?? ।
न च प्रापितमन्येन ग्रसेदर्थं कथं चन ॥४३॥

notpādayet svayaṃ kāryaṃ rājā nāpyasya pūruṣaḥ ?? |
na ca prāpitamanyena grasedarthaṃ kathaṃ cana ||43||

 

Neither the king himself nor any servant of his shall promote a suit; nor shall he suppress a suit that has been brought up by another person. — (43)

 

Medhātithi’s commentary (manubhāṣya):

‘Suit’ — object of dispute; — none such shall the king himself ‘promote’ — i.e., cause to be instituted; — for encompassing the injury of some hated persons, or for obtaining the wealth of some rich person, he shall not instigate his debtor or some other person who may have suffered at his hands, saying to him — ‘you should do such and such a thing, why do not you bring it up before me? — or, ‘you have been injured by him, I shall have you avenged’; — any such thing the king shall not say, even though his hate or greed for riches be great.

When a suit has been ‘brought up’ — presented before him — he shall not ‘suppress’ — hush up, ignore, it. The verb ‘nigiret,’ ‘swallow,’ is often used in the sense of ignoring; and the root ‘gram’ (used in the text) is synonymous with ‘ni-gira’ People make use of such expressions as — ‘everything that is said to-day he swallows up, and he does not answer it.’

Others explain the latter half of the verse as follows: — ‘He shall not appropriate — make his own — any artha, i.e., money, that is brought to him in any manner save through the suit.’ If the king were to inflict fines in an unfair manner, he would he incurring evil in the next world and bring trouble on his kingdom.

The following is yet another explanation offered by others: — ‘The king himself shall not promote a suit’; — i.e., even, though he may get at the offender directly, he himself shall not say anything, until the man has been brought before him by the man against whom the offence has been committed, in a regular suit. Because it is only after the man has been defeated in the suit brought by the other party that it is time for the king to perform his duty of inflicting the legal punishment. But this applies only to the non-payment of debts and similar subjects; as for thieves and criminals, — who are like ‘thorns’ in the kingdom, — these the king shall capture and punish, even when he catches them himself. The rest of the verse is as explained before.

‘Nor any servant of his’; — ‘servant,’ i.e., person holding an office under him. — (43)

 

Explanatory notes by Ganganath Jha:

‘Anyena’ — ‘By another’, — i.e., the plaintiff (Medhātithi), — ‘the plaintiff or the defendant’ (Kullūka).

This verse is quoted in Mitākṣarā (on 22.5), where Bālambhaṭṭī offers the following explanations of the second half of the verse: — (a) The king should not entertain any suit illegally brought up by any one; — or (b) he shall not ignore a suit brought forward by any one; — (c) (if we adopt the reading ‘na cāprāpitam’) ‘he shall not admit into the proceedings any facts not presented by either of the two parties to the suit.’ The Subodhinī reproduces the same explanations.

It is quoted in Aparārka (p. 605), which adds the following notes: — ‘Kāryam’ here means ‘suit,’ ‘dispute’; — any proved fact that may be adduced during the hearing of the suit, the king should not ignore or set aside; — in Kṛtyakalpataru (13b), which explains ‘na graset’ as ‘he should not ignore’; — and in Vīramitrodaya (Vyavahāra, 15b).

 

Comparative notes by various authors:

Gautama (13.27). — ‘The litigant shall humbly go to seek the judge.’

Pitāmaha (Smṛticandrikā-Vyavahāra, p. 61). — ‘The King shall not himself or through his officers, promote law-suits; nor through anger or through greed or through affection, shall he suppress a suit; nor shall he, on his own account, institute suits not brought up by the parties concerned.’

Nārada (Do.). — ‘The King shall not, either for asserting his power or through greed for making money out of it, create law-suits among people who have no disputes among themselves.’

 

 

VERSE 8.44

Section XI - General Rules regarding Judicial Proceedings

 

यथा नयत्यसृक्पातैर्मृगस्य मृगयुः पदम् ।
नयेत् तथाऽनुमानेन धर्मस्य नृपतिः पदम् ॥४४॥

yathā nayatyasṛkpātairmṛgasya mṛgayuḥ padam |
nayet tathā'numānena dharmasya nṛpatiḥ padam ||44||

 

Just as the hunter discovers the foot-print of the deer by the drops of blood, so should the king discover the right by means of inference. — (11)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that the king himself shall not, in a hurry either haul anyone up or punish him for any offence; and the reason for this lies in the consideration that it is quite possible that the act that the king regards as an ‘offence’ might have been done in joke. Now the question arises — how is it to be ascertained whether the act has been done in joke or through malice and such other causes?

It is in answer to this question that it is said that ‘this is to be ascertained by means of inference.’ — Just as the ‘hunter’ — fowler — ‘discovers’ — gets at — ‘the foot-print’ of the deer that has been wounded and disappeared from view by means of the drops of blood flowing from the wound, — in the same manner the king should discover the root-cause of the suit — which may be not perceptible, — by means of inference.

The term ‘dharma,’ ‘right,’ here stands for the real facts of the case.

The restriction of ‘inference’ as a means of finding out truth, already mentioned before (in verse 3), is for the purpose of emphasising the point. — (44)

 

Explanatory notes by Ganganath Jha:

Cf. 12.104; also the Mahābhārata 12.132.21.

‘Padam’ — ‘Footsteps’ (Medhātithi and Govindarāja) — and ‘lair’ (Kullūka and Rāghavānanda).

This verse is quoted in, Parāśaramādhava (Vyavahāra, p. 30); — in Smṛticandrikā (Vyavahāra, p. 56); — and in Kṛtyakalpataru (5a).

 

Comparative notes by various authors:

Gautama (11.23-24). — ‘Reasoning is a means of getting at the truth; coming to a conclusion through that, he shall decide properly.’

Āpastamba (2.29.6). — ‘In doubtful eases they shall give their decision after having ascertained the truth by inference, ordeals and the like.’

Vaśiṣṭha (16.4-5). — ‘Let him reason properly regarding an offence; finally the offence will become evident thereby.’

Nārada (1.38). — ‘As a huntsman traces the vestiges of a wounded deer in a thicket by the drops of blood, even so let the King trace justice.’

Do. (1.40). — ‘When it is impossible to act up to the precepts of sacred law, it becomes necessary to adopt a method founded on reasoning.’

Bṛhaspati (1.32). — ‘The insight of kings surpasses by far the understandings of other persons, in the deciding of the highest, lowest and middling disputes.’

Mahābhārata (12.132.21). — ‘Just as of a wounded deer, one foot-print leads to another through the blood-mark, so oven shall the King trace the steps of justice.’

 

 

VERSE 8.45

Section XI - General Rules regarding Judicial Proceedings

 

सत्यमर्थं च सम्पश्येदात्मानमथ साक्षिणः ।
देशं रूपं च कालं च व्यवहारविधौ स्थितः ॥४५॥

satyamarthaṃ ca sampaśyedātmānamatha sākṣiṇaḥ |
deśaṃ rūpaṃ ca kālaṃ ca vyavahāravidhau sthitaḥ ||45||

 

When engaged in judicial proceedings, the king shall keep his eye upon the truth, upon the object, upon himself, the witness and upon the place, the time and the aspect. — (45)

 

Medhātithi’s commentary (manubhāṣya):

‘When engaged in’ — dealing with — ‘judicial proceedings’ — the king shall attend, not only to the mere letter of the suit itself, but also to truth, etc.

(a) ‘Keep his eye upon the truth’; — even though the plaintiff or the defendant, through shyness, may not have stated his case fully, yet if the king is enabled, — either on the strength of other proofs, or by means of the ‘inference’ mentioned above, — to find out what the actual facts of the case are, then he shall, by all means accept them, — and not reject them, simply because the party concerned did not state them in full. This is what has been thus declared — ‘Having sifted all fraud, the king shall decide the case on facts.’ (Yājñavalkya, Vyavahāra 19.)

(b) ‘Keep eye upon the object’; — the term ‘artha,’ ‘object,’ denotes wealth or purpose. The meaning thus is that if he obtains a large amount of wealth (as the legal fee), then he shall even give up all other business of state and not hesitate to take up the ease brought up; in fact he shall begin the investigation at once. Or, the meaning may be that if some one tells him that the witnesses in the case, or some member of the Court, have received large amounts in bribe from such and such a party, — then he should examine this statement in the following manner. — ‘If the cause of the suit is insignificant, the acceptance of a large bribe is not possible; — but if the cause is worth much, and the members of the court and the witnesses are in poor circumstances, then it is just possible’; and the truth shall he found out by other means. This is to be done by making (c) ‘himself’ the ‘witness’ (d). That is to say, with a view to tracing out the bad characters in his kingdom, he shall get spies to find out the truth.

Or ‘having an eye upon himself’ (e) may mean that he must attend to his own circumstances, — i.e., he should see whether his treasury is depleted or full.

Under this construction ‘witness’ is an independent word (and not in apposition to ‘himself,’ as in the former interpretation).

(e) ‘Having an eye upon the place’; — in certain places even a small object becomes great, while in another even a great object becomes small. This is what is meant by ‘having an eye upon the place.’

(f) Similarly he should have his eye upon the time also.

(g) ‘Aspect’ stands for the nature of the cause; he shall find out whether it is important or unimportant.

Others have explained the verse as follows: — ‘He shall find out the real nature of (a) the truth and (b) the object of the suit, by making (c) himself the witness (d); that is to say, he shall find out that truth is more important than any object, since it accomplishes very important ends and is useful in both worlds, and hence he should always have recourse to truth, and ignore the object, which is devoid of essence. (e) ‘Place,’ in this case stands for heaven and the other regions, obtainable by means of truth; (f) ‘time’ for a prolonged stay in other regions, and (g) ‘aspect’ for the beauty of the celestial damsels. And the reverse of all this is obtained by the renouncing of truth and the following of other objects. — (45).

 

Explanatory notes by Ganganath Jha:

‘Artham’ — The value of the suit and the motive behind it’ (Medhātithi); — ‘such suit as deals with things of value, like cattle, gold and the like’ (Kullūka); — ‘money realisable by fine’ (Nārāyaṇa); — ‘the aim’ (Nandana).

‘Ātmānam sākśiṇam’ — ‘Looking upon himself as the witness’; or ‘looking upon his own position, and that of the witness adduced’ (Medhātithi); — Kullūka and others have the latter explanation only.

‘Deśam kālam’ — ‘Considerations of the place and time of the offence committed’ (Medhātithi and Rāghavānanda); ‘what is befitting the time and place’ (Kullūka); — ‘customs of the country and what is befitting the time’ (Nārāyaṇa); ‘place of offence and age of the offender’ (Govindarāja); ‘Heavy and continued residence there’ (‘others’ in Medhātithi).

‘Rūpam’ — ‘Aspect of the case’ (Medhātithi, Kullūka and Nandana); — ‘looks of the parties’ (Narāyaṇa and Rāghavānanda); — ‘beauty of the celestial damsels’ (‘others’ in Medhātithi),

This verse is quoted in Kṛtyakalpataru (p. 5a), which has the following notes: — ‘Satyam paśyet’, the meaning is that even though the statements of the two parties are not clear enough to justify a decision, yet if, by inference and other means, the king is able to form some decision, he should fix upon that; — ‘artham’, gold, cattle and other kinds of property; — ‘ātmānam’, he should look upon himself as participating in the effects of the trial; — ‘rūpam’, form of the object in dispute, i.e., its importance or otherwise.

 

Comparative notes by various authors:

Yājñavalkya (2.19). — ‘The King shall investigate suits, by setting aside mistake or casuistry by facts.’

Nārada (1.29-31). — ‘Truth rests on true facts; Error is what rests on mistake of facts. Ordeals even are rendered nugatory by artful men; therefore let no mistake be committed in regard to place, time, quantity and so on. A king who acts justly must reject error when it is brought forward and seek truth alone; because prosperity depends on due performance of duty.’

 

 

VERSE 8.46

Section XI - General Rules regarding Judicial Proceedings

 

सद्भिराचरितं यत् स्याद् धार्मिकैश्च द्विजातिभिः ।
तद् देशकुलजातीनामविरुद्धं प्रकल्पयेत् ॥४६॥

sadbhirācaritaṃ yat syād dhārmikaiśca dvijātibhiḥ |
tad deśakulajātīnāmaviruddhaṃ prakalpayet ||46||

 

What may be found to have been observed in practice by the good and the righteous twice-born men, that he shall ordain for countries, families and castes, — provided that it is not antagonistic. — (46)

 

Medhātithi’s commentary (manubhāṣya):

‘Good’ — those who eschew what is forbidden; — ‘righteous’ — those who do what is enjoined. Though either one of these two words would have sufficed to express what is meant, yet they have both been used; that is the reason why we have explained them as having two different meanings. — What is practised by such persons, and in support of which we do not find any Śruti or Smṛti texts, — ‘that he shall ordain’ — cause to be acted up to — ‘for countries, families and castes’; — ‘provided that it is not antagonistic’ — to directly perceptible Śruti and Smṛti texts.

Verse 41 has declared the authoritative character of ‘provincial laws, laws of families, etc., etc.’; and the present verse adds the qualification that such laws shall be not opposed to the scriptures. Local and king-made laws also, even when they pertain to temporal affairs, are to be obeyed only when they are not contrary to the scriptures. For instance, in some places the debtor is made to repay the debt by selling himself; and this is contrary to the Smṛti text — ‘by service also the debt may be liquidated, etc.’ (Manu, 177); as is shown under that verse. Further, under 2.6, the authority of Practice (usage) has been explained as based only upon the fact of its being connected with (observed by) cultured men; and no man can be called ‘cultured’ if he acts contrary to the scriptures. Hence the present Terse is meant to be applicable to such practices as do not pertain to spiritual matters.

Another writer explains the text as follows: — What is practised by the good and righteous twice-born men in one country, the king should introduce in another country also, if it is found to ho not antagonistic to Śruti and Smṛti texts. E.g., the bull-sacrifice and other similar acts that are well known among the people of the North should be made to be performed by the people of the East, South and West also. Because from usage, we deduce the corresponding Smṛti, and from this latter the corresponding Śruti; so that if the text thus deduced on the strength of the practice of the northerners were in some such form as that such and such a sacrifice shall he performed by the udīcyas, people of the north’ — then since the nominal affix conveys several such meanings, — such as (a) birth, (b) source, (c) origin, (d) destination and (e) supplement, — all which fall within one or other of the two categories of ‘distinctive’ feature and ‘modification,’ — none of these as denoted by the nominal affix in the term ‘udīcya’ could help to mark off any people that could be called ‘udīcya’ ‘northerner’; so that the meaning of the said deduced text would come to be that every man should perform the act in question; specially as the exact denotation of names of countries is always vague. Even if the text deduced were in the form — ‘the act is to be done by one who is born in the north, or who lives in that country,’ — then this would not be compatible with facts; since as a matter of fact, a man, even though horn in a particular country, does not follow its usage when he lives elsewhere, or even though a man may be living in a certain country, he does not adopt its practice if he is not born there. If again, the terms used were ‘the native or inhabitant of such and such a country,’ then also, in as much as nativity and habitation are always uncertain, this also would not be right; neither nativity nor habitation is fixed to the same extent as one’s caste or qualities or race. Thus there being no such term as would infallibly single out the performers of the acts in question, they should he taken as to be performed by all men; so that there is no such thing as ‘local usage.’ The same reasoning holds good regarding ‘family usage’ also.

“If this is so, then how is it that smṛti-writers mention ‘local usage,’ ‘family usage’ and ‘caste-usage’ as distinct from one another?”

It has been already explained that the restriction of the acts concerned is for temporal purposes; and in this sense the restriction regarding acts is quite reasonable.

‘Family’ is a part of ‘race.’ The duty that is laid down for the entire race, — such as people of the Vaśiṣṭha-race shall not mix with those of the Viśvāmitra-race,’ — are to be regarded as binding, since race-names are fixed for all time. — (46)

 

Explanatory notes by Ganganath Jha:

According to Medhātithi this verse permits the king to admit the authority of only such local and family customs and practices as are not contrary to Śruti and Smṛti, — Kullūka, Nārāyaṇa and Rāghavānanda, however, take it to mean that he is to accept as authority only such scriptural rules of conduct as are not contrary to local and family customs, — According to ‘others’ (mentioned by Medhātithi) what, the verse means is that ‘whatever virtuous practices the king finds being followed in one country, those he shall introduce in other countries also, if they are not contrary to scriptural texts.’

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 25), which says that family and country customs are to be regarded as right, but only when they are not repugnant to Śruti and other authoritative sources of knowledge.

 

Comparative notes by various authors:

Gautama (11.20). — ‘The laws of countries, castes and families, which are not opposed to sacred texts, have authority.’

Āpastamba (2.15.1). — ‘The law of custom observed in particular countries and families.’

Kātyāyana (Smṛticandrikā-Vyavahāra, p. 58). — ‘Therefore the King shall decide suits according to the scriptures; in the absence of texts bearing upon the subject, he shall come to a decision on the basis of the custom obtaining in the land. That is called the custom of a land which has been followed for all time and which is not repugnant to Śruti or Smṛti.’

Pitāmaha (Smṛticandrikā-Vyavahāra, p. 58). — ‘Whatever is done by the elders, — be it right or wrong, — in accordance with the practice prevalent in the land or in the family, is called custom. For villages, corporations, cities, guilds, traders and army, suits should be dealt with according to custom; — so says Bṛhaspati. When the dispute lies between parties belonging to these same corporations, etc., their custom is the determining factor; but when it lies between them and others, then it is to be dealt with according to the scriptures.’

 

 

VERSE 8.47 [Non-payment of debt]

Section XII - Non-payment of debt

 

अधमर्णार्थसिद्ध्यर्थमुत्तमर्णेन चोदितः ।
दापयेद् धनिकस्यार्थमधमर्णाद् विभावितम् ॥४७॥

adhamarṇārthasiddhyarthamuttamarṇena coditaḥ |
dāpayed dhanikasyārthamadhamarṇād vibhāvitam ||47||

 

On being prayed by the creditor for the recovery of money from the debtor, he shall make the debtor pay to the creditor the money proved to be due. — (47)

 

Medhātithi’s commentary (manubhāṣya):

The rules that are applicable to all suits in common having been described, the author now proceeds to lay down those relating specifically to each of the several kinds of suits.

The man who receives money from another person on the understanding that at some other time he would re-pay it with interest is called the ‘debtor’; and he who lends the money on the understanding that he is doing it with a view to being repaid with interest is called the ‘creditor.’ These two are relative terms.

‘Money from the debtor’; — from the context it is clear that this phrase stands for what is due to the creditor; and the ‘recovery’ of this means its repayment to the creditor. The second ‘artha’ stands for purpose, ‘for.’ Thus the meaning of the whole is that — ‘when the king is prayed — petitioned to — by the creditor to the effect that he may be pleased to make the debtor repay what he had borrowed from him, — then the King shall make the debtor pay the money to the creditor.’

‘Dhanika’ is one who has money; and it is the creditor who is called, in ordinary parlance, ‘Dhanika.’ In view of the verb ‘make to pay.’ — the right case-ending to use would have been the Dative, yeṭ iṭ has not been used, because the man has not yet become the actual recipient. We have similar usage in such expressions as ‘ghnataḥ pṛṣṭham dadati’ (the man offers his back to the striker), ‘rajakasya rastram dadāli’ (makes over the clothes to the washerman); in neither of these cases have we the Dative ending, because there is no transference of ownership; and in the absence of such transference, the act of giving is not completed.

The question arising as to whether the King is to make the debtor pay simply because the creditor says it is his due, the answer is no, — he shall make him pay only what is proved to be due; — i.e., only when the King has assured himself, by indubitable proof, that, the man does really owe the amount; or ‘vibhāvitam’ may be taken to mean ‘admitted’; since the method to be employed regarding disputed debts is going to be laid down below, under verse 52.

“But how can ‘vibhāvita’ mean admitted?”

There is no force in this objection; it is quite possible that he may have forgotten about the debt, but on being shown his own writing (on the deed), he comes to admit it himself; so that though he did not admit it before, he comes to admit it afterwards; or it. may he that even though knowing all along that he did borrow the money, he might dissemble in the beginning (before the producing of the document). — (47)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 76), which adds the following explanation; — ‘when the debtor has received something, — and the creditor approaches the king for the recovery of that, then the king should have the creditor’s dues paid to him by the debtor; — if it is adhamarṇavibhāvitam, that is, if it is proved by the creditor that the amount claimed is really due from the debtor’; — and in Kṛtyakalpataru (80b).

The clear meaning, specially in view of verse 51, appears to be ‘if the debt is admitted by the debtor.’

 

Comparative notes by various authors:

Viṣṇu (6.20-22). — ‘If a creditor sues before the King and fully proves bis demand, the debtor shall pay as fine to the King a tenth part of the sum proved. The creditor, having received the sum due, shall pay a twentieth part of it. If the whole demand has been contested by the debtor, and even a part of it only has been proved against him, he must pay the whole.’

Matsyapurāṇa (Rājadharma, 227.4), — ‘The man who, having received a loan, does not repay it in due course, should be compelled to repay it, and should also he fined the first amercement.’

 

 

VERSE 8.48

Section XII - Non-payment of debt

 

यैर्यैरुपायैरर्थं स्वं प्राप्नुयादुत्तमर्णिकः ।
तैर्तैरुपायैः सङ्गृह्य दापयेदधमर्णिकम् ॥४८॥

yairyairupāyairarthaṃ svaṃ prāpnuyāduttamarṇikaḥ |
tairtairupāyaiḥ saṅgṛhya dāpayedadhamarṇikam ||48||

 

Having determined the means by which the debtor may be able to get his money, he shall, by those same means, make the debtor pay up. — (48)

 

Medhātithi’s commentary (manubhāṣya):

It is going to be laid down later on that when the debtor is forced to repay the creditor’s dues, a certain percentage has to be paid to the King by the debtor, by way of penalty; so that it might be possible for the King to fall into the temptation of decreeing, without having recourse to other possible means, the creditor’s suit and thereby adding to his own income; in order to guard against thiis, we have the present text.

The King shall make the debtor pay up, by those means, — going to be described — by which the creditor may receive his money; — ‘saṅgṛhya’ ‘having determined,’ i.e., having ascertained that ‘by such and such moans alone would the creditor receive his due.’ Or the root ‘graha’ in ‘saṅgṛhya’ may be taken as denoting persuasion.

The term ‘uttamarṇika’ is the same as ‘uttamarṇa,’ ‘creditor’; i.e., he who has the ‘debt,’ ‘ṛṇa,’ to his ‘good,’ ‘credit,’ ‘uttama’; the word being formed with the affix ‘ṭhan,’ according to Pānini 5.2.115; similarly with the other term also (‘adhamarṇikah’). Money advanced for the earning of interest is called ‘ṛṇa,’ ‘debt’; and there are two parties to it, the giver and the receiver; for the giver the debt is to the good, ‘uttama,’ as in the matter of giving it and receiving it he is an independent agent; for the receiver on the other hand, it is to the bad, ‘adhama,’ because it is a source of trouble to him or account of his having to pay interest on it.

These explanations however are offered only by way of explaining the literal signification of the terms; in reality, they have their denotation as referring to the giver and receiver — fixed purely by conventional usage.

The next verse explains what are the ‘means’ referred to in this verse. — (48)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 67), which explains ‘Saṅgṛhya’ as ‘vaśīkṛtya, ‘compelling’; — and in Kṛtyakalpataru (78b).

 

Comparative notes by various authors:

Bṛhaspati (Smṛticandrikā-Vyavahāra, p. 382). — ‘The debtor who has admitted the loan should be made to pay by such methods as are conciliatory and so forth; also by such means as force, confinement in the house and the rest.’

 

 

VERSE 8.49

Section XII - Non-payment of debt

 

धर्मेण व्यवहारेण छलेनाचरितेन च ।
प्रयुक्तं साधयेदर्थं पञ्चमेन बलेन च ॥४९॥

dharmeṇa vyavahāreṇa chalenācaritena ca |
prayuktaṃ sādhayedarthaṃ pañcamena balena ca ||49||

 

He shall make the advanced money repaid by means of (a) good faith, (b) tactful transaction, (c) trick, (d) moral pressure, and (c) force, the fifth. — (49)

 

Medhātithi’s commentary (manubhāṣya):

(a) ‘Dharmeṇa,’ ‘by means of good faith’; — i.e., receiving little by little; — ‘so much to-day, so much to-morrow, so much the day after to-morrow; — just as it behoves him to maintain his family, so also is it his duty to help me, — I also am a member of his family and as such a sharer in his wealth,’ — the use of such language constitutes ‘good faith.’

(b) The man who has absolutely no property should be made to repay the debt by ‘tactful transaction’; on the same principle on which, for the purpose of drawing out water from the ear one puts more water into it, the creditor should advance to the debtor more money, in order to enable him to have recourse to agriculture or trade or some other means of acquiring wealth, and then receive from him the wealth thus obtained. The ‘vyavahāra’ that consists in filing a suit before the King is not what is meant by the term as used hero; since one should have recourse to this only when all other means have failed, and as such it is included under ‘force.’

(c) When, even though possessed of the requisite wealth, the debtor does not pay in a straight manner, he should be made to pay by means of ‘trick’; i.e., under some such pretext as that of a marriage-ceremony or some such occasion, he should borrow from him a bracelet or some such ornament, and not return it until the debt has been cleared off.

(d) ‘Moral pressure’; — by giving up food and constantly sitting at the man’s door and so forth.

(e) ‘Force’; — presenting one’self before the King’s court; where the King shall have the man called quietly and by inflicting some punishment make him pay up. The ‘bala’ of the text does not mean the creditor’s strength in the shape of his relatives and wealth, etc.; because of the maxim that the ‘force’ or ‘strength’ of the subject lies in the King, which has been propounded in connection with the present context.

Others have explained the verse ṭo mean that by the means here enumerated the King shall have the debt repaid; — and their reason for saying so lies in the fact that it occurs in the context dealing with the duties of the King. The sense of the verse thus is that ‘when the amount claimed has been either admitted by the debtor or decreed by the court, the King shall make him pay it up by these methods; — and he shall not, all at once, have the entire property of the debtor handed over to the creditor; since the kindly treatment of both parties constitutes the King’s duty: and if the debtor’s entire property were handed over to the creditor, his whole family would perish, and this would not be right. To this end we have the declaration — ‘Without absolutely ruining him, the debtor should he made to pay little by little, according to his income, specially so in the case of the Brāhmaṇa, — when the King is righteous.’ So that the man should be made to pay the principal along with a small amount as interest; but in the event of the man possessing wealth more than what is needed for the maintenance of his family, he should be made to pay the entire amount of the claim; and if this be not possible, then ‘the debt shall be liquidated by service, etc.’ (8.177).

In the former explanation, the creditor shall not have recourse to ‘trick’ or ‘moral pressure,’ without notifying the same to the King. — (49).

 

Explanatory notes by Ganganath Jha:

‘Vyavahāreṇa’. — ‘By business-transaction: advancing more money to the debtor with which, as capital, the latter would carry on some trade, with the profits of which he would gradually clear off the older debt also’ (Medhātithi); — ‘by law-suit’ (Govindarāja, Kullūka and Narāyāṇa; noted but rejected by Medhātithi); — ‘by threatening a suit’ (Nandana); — ‘by forced sale of property’ (Rāghavānanda).

Both Buhler and Hopkins represent Medhātithi as explaining this term to mean ‘forced labour’. But there is nothing in Medhātithi to show this. What Medhātithi means is quite clear, and it is made clearer by the illustration given by him of ‘karṇodaka’; it is a common practice in India that when water gets into the ear and cannot be easily got out, people pour more water into it, and along with this latter, the former water also flows out.

This verse is quoted in and Aparārka (p. 645), which adds the following notes: — ‘dharma:’ is ‘truth’, — ‘vyavahāra’, stands for such evidence as is documentary, oral and so forth, — ‘chala’ is trick, — ‘ācaritam,’ ‘custom of the country’, — ‘balam’ means oppression by starving and so forth.

It is quoted in Vivādaratnākara (p. 67); — and in Mitākṣarā (on 2.40), which adds the following notes: — ‘dharmeṇa,’ i.e., ‘by truthful persuasion’, — ‘vyavahāreṇa’, i.e., ‘by adducing witnesses, documents and other kinds of evidence’, — ‘chalena’, i.e., borrowing from him ornaments and other things under the pretext of some ceremonies &c. in the family, — ‘ācaritena’, i.e., by starving, — the fifth method being the application of ‘bala’, force, in the shape of keeping him chained and so forth; — by these methods is the creditor to recover the money that he had advanced on interest.

It is quoted in Parāśaramādhava (Vyavahāra, p. 191); — in Nṛsiṃhaprasāda (Vyavahāra, p. 19a); — and in Kṛtyakalpataru (78b).

 

Comparative notes by various authors:

Nārada (4.122). — (Same as Manu.)

Kātyāyana (Vivādaratnākara, p. 67). — ‘When the debtor is openly arrested and brought before the assembly of men and kept there till he pays — this, being in consonance with the custom of the country, is called Legal Proceedings. By beating, by arresting, by work, by law-suit, and first of all, by peaceful persuasion, — should the creditor obtain repayment of his dues.’

Nārada (1.122). — ‘By the mode consonant with religion, by legal proceedings, by fraud, by customary mode, and fifthly, by force, a creditor may recover what he has lent.’

Bṛhaspati (11.54 et seq.). — ‘When a debtor has admitted a debt, it may he recovered from him by the expedients of friendly expostulation, by moral suasion, by artful management, by compulsion and by confinement in the house. When a debtor is caused to pay by the advice of friends and kinsmen, by friendly remonstrances, by constant following, or by the creditor starving himself, it is termed Moral Suasion. When a creditor with a crafty design, borrows something from the debtor and withholds it as a pledge, and thereby enforces payment of the debt, it is termed Artful Management; — when the debtor is fettered and conducted to the creditor’s house, where he is compelled by beating and other forcible means, to pay the debt, it is called Compulsion; — when the debtor is made to pay by confining his son, wife, or cattle, or by sitting at his door, it is termed Confinement in the House.’

 

 

VERSE 8.50

Section XII - Non-payment of debt

 

यः स्वयं साधयेदर्थमुत्तमर्णोऽधमर्णिकात् ।
न स राज्ञाऽभियोक्तव्यः स्वकं संसाधयन् धनम् ॥५०॥

yaḥ svayaṃ sādhayedarthamuttamarṇo'dhamarṇikāt |
na sa rājñā'bhiyoktavyaḥ svakaṃ saṃsādhayan dhanam ||50||

 

The creditor who shall himself recover his money from the debtor should not be prosecuted by the king, for recovering what is his own property. — (50)

 

Medhātithi’s commentary (manubhāṣya):

This verse serves to make clear what has been said before. If the creditor recovers his money from the debtor by means of ‘trick’ and the other methods, the King shall not tell him anything, such as — ‘why did you, without informing me, take from him by trick or fraud, his ornament, etc., for the purpose of recovering your debt? Why do you not return it to him?’ — (60)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 74), which explains the meaning to be that if a creditor adopts any of the five methods mentioned in the preceding verse, he should not be prevented by the king from doing so and in Kṛtyakalpataru (p. 80a).

 

Comparative notes by various authors:

Viṣṇu (6.18). — ‘A creditor recovering, by any means, the loan advanced by him shall not be reproved by the King.’

Yājñavalkya (2.40). — ‘If a creditor tries to recover an admitted debt, he shall not be reproved by the King.’

Nārada (1.123). — ‘A creditor who tries to recover his loan from the debtor must not be checked by the King, both for secular and religious reasons.’

 

 

VERSE 8.51

Section XII - Non-payment of debt

 

अर्थेऽपव्ययमानं तु करणेन विभावितम् ।
दापयेद् धनिकस्यार्थं दण्डलेशं च शक्तितः ॥५१॥

arthe'pavyayamānaṃ tu karaṇena vibhāvitam |
dāpayed dhanikasyārthaṃ daṇḍaleśaṃ ca śaktitaḥ ||51||

 

The man who denies a debt shall be made to pay the creditor’s due, proved by evidence, as also a small fine, according to his means. — (51)

 

Medhātithi’s commentary (manubhāṣya):

Even in the presence of convincing proof, if the debtor does not himself admit the debt, then recourse should not be had to ‘trick’ and the other means, — the King should be informed of it; and when summoned by the King, if the man ‘denies the debt,’ — saying ‘I do not owe him anything’ — then, on its being ‘proved by evidence’ — in the shape of written document, oral witnesses and possession, — and the man being made to confess that he does owe the debt, — he shall make the debtor repay the ‘creditor’s due,’ — ‘as also a small fine,’ a small penalty, which shall, later on, he fixed at the tenth part of the claim.

If the man he unable to pay the whole fine, he may be made to pay a fine even less than the tenth part. Or, the favour of the fine being inflicted according to the man’s means, — even less than the tenth part — may be taken as pertaining to the case of the man who denies the debt (not through perversity, but) through having forgotten all about it, through carelessness.

‘Evidence,’ proof, is of three kinds; thus enumerated elsewhere — ‘If one did not have a written deed executed, nor is there a witness, nor previous claiming, there the only means is the supernatural one (ordeal).’ — (51)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 76), which adds the following notes: — ‘Āpavyayamānam’, ‘denying’, — ‘Karaṇena,’ ‘by evidence, documentary and otherwise’, — ‘vibhāvitam’, ‘faced, convinced’; — such a debtor the king shall compel to pay the amount to the creditor; — and by reason of the man having denied what was true, the king shall exact from him a slight fine also.

It is quoted in Parāśaramādhava (Vyavahāra, p. 153), which adds that this rule is meant for the case where the debtor is a well behaved Brāhmaṇa; — in Vyavahāratattva (p. 61); — and in Kṛtyakalpataru (p. 80b).

 

Comparative notes by various authors:

Viṣṇu (6, 19-20). — ‘If the debtor, forced to discharge the debt, complains to the King, he shall be fined in an equal sum. If a creditor sues before the King and fully proves his demand, the debtor shall pay to the King, as fine, the tenth part of the sum proved.’

Bṛhaspati (11.62). — ‘A debtor denying his liability shall be compelled to pay, on the debt being proved, in court, by a document or by witnesses.’

 

 

VERSE 8.52

Section XII - Non-payment of debt

 

अपह्नवेऽधमर्णस्य देहीत्युक्तस्य संसदि ।
अभियोक्ता दिशेद् देश्यं करणं वाऽन्यदुद्दिशेत् ॥५२॥

apahnave'dhamarṇasya dehītyuktasya saṃsadi |
abhiyoktā diśed deśyaṃ karaṇaṃ vā'nyaduddiśet ||52||

 

On denial by the debtor, when asked in court to pay the debt, the complainant shall produce a witness, or adduce (other) evidence. — (52)

 

Medhātithi’s commentary (manubhāṣya):

When, in a court of justice, the debtor is asked by the King or the judge to repay the debt to (lie creditor, — if this is followed by ‘denial’ or evasion by him, — then the ‘complainant,’ — i e., the lender of the money, the creditor — shall ‘produce a witness’ who would prove his case , — ‘or adduce other evidence’ — in the shape of a document, etc.

The term ‘deśa’ (lit. place) indicates the man present at the place (where the money was lent); and though the term ‘kāraṇa,’ ‘evidence,’ stands for all forms of evidence, and as such includes the witness also, yet here it should be taken as standing for ‘evidence other than witnesses,’ according to the maxim of ‘the cow and the bull’ (‘Go-balīvarda’ where the term ‘go,’ being applicable to both the cow and the hull, is taken to mean the cow only); so that the phrase ‘shall adduce evidence’ must mean ‘shall adduce other forms of evidence.’

Or, the reading may be ‘abhiyukto diśeddeśam,’ and the meaning of this would be as follows: — The debtor, on being asked to pay, answers the claim by saying ‘it is true that I borrowed the money from him, but I paid it hack’; and when this happens, the man who was the complainant becomes the defendant, and on being thus made the defendant, he should question the debtor regarding the place — at what place did you repay the debt’? — as also regarding the time, — the mention of ‘place’ being only by way of illustration; — ‘or he shall adduce other evidence’ ‘(of non-payment)’; i.e., he should say ‘I have got other means of proving my claim’; or it may mean that ‘if he is unable to produce the witness he should show why ho is so unable’; and in this case the particle ‘vā,’ ‘or,’ should be taken to mean ‘ca,’ ‘and.’ — (52)

 

Explanatory notes by Ganganath Jha:

‘Deśam’ — There is no difference in the meaning assigned to the word by Medhātithi and Kullūka, — both taking it in the sense of ‘witness’; the meaning ‘place’, attributed to Medhātithi, is however found in Nandana In his interpretation of Medhātithi, Buhler has been misled by the explanation that Medhātithi has provided by another reading. (See Translation).

This verse is quoted in Kṛtyakalpataru (24b), which adds the following explanation: — When on being questioned in court by the king or the judge, the debtor denies all transaction with the creditor, then the latter who

is the plaintiff, should name the witnesses and cite other proofs in the form of written documents and so forth: — and in Vīramitrodaya (Vyavahāra, 29b), which explains ‘deśam’ as ‘witness’, expounding it as ‘diṣati artham yathādṛṣṭam’ and quotes Medhātithi’s explanation on ‘karaṇam’ also, which it explains as ‘other proofs’; it remarks that Medhātithi reads ‘kāraṇam vā samuddishet.’

 

Comparative notes by various authors:

Bṛhaspati (11.62). — (See under 51.)

Kātyāyana (Vivādaratnākara, p. 67). — ‘The debtor shall be openly arrested and kept in restraint before the assembly of the people, until he repays the dues, in accordance with the custom of the country.’

 

 

VERSE 8.53

Section XII - Non-payment of debt

 

अदेश्यं यश्च दिशति निर्दिश्यापह्नुते च यः ।
यश्चाधरोत्तरानर्थान् विगीतान्नावबुध्यते ॥५३॥

adeśyaṃ yaśca diśati nirdiśyāpahnute ca yaḥ |
yaścādharottarānarthān vigītānnāvabudhyate ||53||

 

He who mentions the wrong place, — or who, having mentioned it, retracts, — or who does not understand that his previous and subsequent statements are contradictory; — (53)

 

Medhātithi’s commentary (manubhāṣya):

It has been said before that on the debtor denying the debt, the creditor complains to the King , — i e., the complaint shall be lodged in the form — ‘At such and such place, at such and such time, such and such an amount of money was borrowed from mo by this man’; — and on being questioned, he may say ‘I was not at the place at the time,’ referring to the place and time that have been alleged by him as those at which the money was borrowed: and in this case he ‘mentions the wrong place.’ Or, the term ‘deśa’ may stand for the witness; and the text means ‘if he cites as witness a person whose presence at the time and place of the transaction is impossible.’

Having alleged the place, time, etc., ‘if he retracts,’ — saying ‘I did not say this.’

He who does not understand that his ‘previous statement’ — what he had alleged before — and his ‘subsequent statement’ — what he alleges afterwards — are ‘contradidory’; — or if he does not realise the discrepancy in his own behaviour.

‘Such a person shall be declared to have failed’ — this verbal clause (occurring in verse 57) has to be construed with each verse (from 53 to 57). — (53)

 

Explanatory notes by Ganganath Jha:

Medhātithi is again misrepresented by Buhler; he does not read ‘apadeśyam’, the reading adopted by him being ‘adeśam’. Nārāyaṇa also reads the same, not ‘apadeśyam.’ — Nandana reads ‘adeyam’, not ‘apadeśyam.’ Buhler has apparently confused verse 53 with 54, where Medhātithi reads ‘apadeśam’ for ‘apadeśyam.’

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 108), which has the following explanation — ‘One who cites an impossible witness, or having cited a possible one, says that he has not cited him, or one who does not perceive inconsistencies in his own statement, is to be non-suited;’ — in Kṛtyakalpataru (p. 22b), which has the following notes: — ‘Adeśam’ (which is its reading for ‘adeśyam’), a place where the parties have never met; — ‘adharottarān arthān’, “former and latter” — ‘vigītān’, contradictory; — and in Vīramitrodaya (Vyavahāra, p. 31b), which adds the following notes: — ‘Ādeśyām dishati’, ‘says what is irrelevant or indecorous, — he who having said something says he did not say it’ — ‘who does not comprehend the inconsistencies in his own past and present statements’.

 

Comparative notes by various authors:

(verses 8.53-57)

Yājñavalkya (2.16). — ‘If one party tries to enforce his claim by himself, though it has been disputed, — or if on being called, he runs away, without saying anything, he should be non-suited and also fined.’

Kātyāyana (Smṛticandrikā-Vyavahāra, p. 107). — ‘If a party on being directed to speak out, does not speak, he should be immediately confined; and on the next day he should be declared to be non-suited.’

Nārada (Aparārka, p. 621). — ‘If a party proceeds to enforce his claim without applying to the King, he should be immediately punished and his claim not allowed.’

Nārada (2.32-33). — ‘One who takes to flight after haying received the summons, one who remains silent, one who is convicted of untruth by the deposition of witnesses, and one who makes a confession himself; — these are the four kinds of persons defeated, avasanna. One who alters his former statements, one who shuns judicial investigation, one who fails to appear, one who makes no reply, one who absconds on receiving the summons; — these are the five kinds of persons non-suited, hīna.’

Nārada (2.41). — ‘A man convicted by his own confession, one defeated through his own conduct, one whom the judicial investigation has proved to be in the wrong, — these three deserve to have their final defeat declared at the hands of judges.’

Bṛhaspati (5.5-6). — ‘One who absconds after receiving the summons, one who remains silent, one convicted by the deposition of witnesses, and one who admits the correctness of the charge; — these are the four losers of the suit. One who absconds loses the suit after three fortnights; one who remains silent, after a week; one convicted by the deposition of witnesses and one who has confessed, immediately.’

Kātyāyana (Aparārka, p. 622). — ‘After having declared his plaint, if he renounces it and says something else, then, having taken up a different position, he becomes non-suited. Having reduced his statement to writing, if subsequently he says something more or less than that, he becomes non-suited. After having preferred his claim, if he says I did not say this, or if he contradicts his former statement, he also should he declared to he non-suited. After having named his witnesses, if he, of his own accord, does not bring them up for deposition, he should be declared to be non-suited, after thirty days.’

 

 

VERSE 8.54

Section XII - Non-payment of debt

 

अपदिश्यापदेश्यं च पुनर्यस्त्वपधावति ।
सम्यक् प्रणिहितं चार्थं पृष्टः सन्नाभिनन्दति ॥५४॥

apadiśyāpadeśyaṃ ca punaryastvapadhāvati |
samyak praṇihitaṃ cārthaṃ pṛṣṭaḥ sannābhinandati ||54||

 

He who, having put forward a statement, subsequently retracts; and who on being questioned regarding a fact (previously) duly alleged, does not support it; — (54)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse only re-iterates what has been said before, and it is only the second half that puts forward something new. What had been said in the first half of the preceding verse is exactly what is meant by the first half of the present verse.

‘Who having put forward a statement,’ — having said something — ‘subsequently retracts,’ — deviates from it, saying

‘I am not sure about the time and place’........., — ho also fails in his suit.

Having once ‘duly’ — with certainty, and clearly — ‘alleged a fact’, — if, ‘on being questioned about it’ — what do you means? — By what evidence do you prove your case?’ — if he loses faith in the allegation clearly made by himself, and proceeds to talk about irrelevant matters, with the motive that — ‘after due investigation I am sure to lose the case, I may just as well get over a little time,’ — then such a person also fails in his suit.

Or, the term ‘apadeśa’ may stand for fraud; the meaning being that if after having set up a fraud, he slinks away from it, saying — ‘I have a severe headache now, I cannot answer any questions,’ — or if he opens his case with false statements, — then also he fails in his suit. — (54)

 

Explanatory notes by Ganganath Jha:

‘Praṇihitam’ — ‘Duly stated by himself’ (Kullūka and Nandana); — ‘stated by himself in the plaint’ (Govindarāja); ‘duly ascertained’ (Rāghavānanda and Nārāyaṇa).

This verse is quoted in Kṛtyakalpataru which has the following notes: — ‘Apadiśya’, having put forward, — ‘apadeśam’, pretext, — ‘apadhāvati’, — retracts, — ‘samyak praṇihitam artham,’ what has been stated clearly and definitely, — ‘pṛsṭaḥ’, questioned as to what he has to say as against the statement of the other party, or what proofs he has in support of his own statement; — and in Vīramitrodaya (Vyavahāra, 31b), which has the following explanations: — ‘He who slinks away from the court under some pretext’, — ‘who does not pay heed — by answering, — to what has been said by others, even though fully comprehending what has been said’; — it quotes Medhātithi as reading ‘adeśam’ and reproduces his several explanations.

 

Comparative notes by various authors:

(verses 8.53-57)

See Comparative notes for Verse 8.53.

 

 

VERSE 8.55

Section XII - Non-payment of debt

 

असम्भाष्ये साक्षिभिश्च देशे सम्भाषते मिथः ।
निरुच्यमानं प्रश्नं च नेच्छेद् यश्चापि निष्पतेत् ॥५५॥

asambhāṣye sākṣibhiśca deśe sambhāṣate mithaḥ |
nirucyamānaṃ praśnaṃ ca necched yaścāpi niṣpatet ||55||

 

He who secretly converses with the witnesses in a place not fit for conversation, or who does not like the question being investigated, or who falls back; — (55)

 

Medhātithi’s commentary (manubhāṣya):

‘In a place not fit for conversation’ — i.e., hidden from others, — ‘who converses with the witnesses, secretly’ — i.e., alone, for fear of being overheard.

‘Who does not like the question,’ — the matter under enquiry — ‘being investigated’; and on the pretext of some work for the King himself, or by the favour of the Prince or the Minister, etc., manages to gain time; — and ‘who falls back,’ — ‘such a person fails’ is the verbal phrase to be construed here.

The ‘falling back’ mentioned here is the same as the ‘refracting’ mentioned before (in verse 51). the purpose of such repetition of the same idea has already been explained. We have to adopt some such distinction in order to guard the text against the charge of containing absolutely needless repetitions. — (55)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (22b), which has the following notes: — ‘Asambhāṣye’ ‘in a place where no conversation should be held,’ — ‘niṣpatet,’ ‘should go away without mentioning his destination’; — and in Vīramitrodaya (Vyavahāra, 31b).

 

Comparative notes by various authors:

(verses 8.53-57)

See Comparative notes for Verse 8.53.

 

 

VERSE 8.56

Section XII - Non-payment of debt

 

ब्रूहीत्युक्तश्च न ब्रूयादुक्तं च न विभावयेत् ।
न च पूर्वापरं विद्यात् तस्मादर्थात् स हीयते ॥५६॥

brūhītyuktaśca na brūyāduktaṃ ca na vibhāvayet |
na ca pūrvāparaṃ vidyāt tasmādarthāt sa hīyate ||56||

 

 — He who, on being ordered to speak, does not speak; or who does not prove what he has asserted; — or who does not grasp the previous and subsequent statements; — such a person fails in that suit. — (50)

 

Medhātithi’s commentary (manubhāṣya):

This verse is found to state what has been already mentioned in the foregoing verses. The use of such repetitions has been already explained on the ground that wholesome advice should be repeatedly driven home.

The meaning of the words of the text is as follows: — The plaint having been filed and duly expounded by the complainant, when the defendant is asked to make his statement regarding the matter of the plaint, if he does not make a statement, even though repeatedly asked to do so; i.e., he who, having no proper answer to make, does not give any answer at all, thinking that if ho gave an unsuitable reply, his defeat would be certain, whereas if he kept quiet, it would be doubtful, also fails in his suit.

The time-limit in connection with the filing of the answer is going to be laid down (under 58) — ‘If he does not file the answer within three fortnights, etc.’ When the man is suddenly dragged to the court, since he does not know what the complaint against him is, he cannot find the right answer at once, and hence it is only right to grant a postponement, but when the law fixes the time-limit being fixed at ‘three fortnights,’ what is meant is that so many days are to be granted to the defendant, who proceeds to file portions of his answer within five, ten or twelve days, — and not that he is to keep absolute silence for such a long time. As for the law that allows of more time, — e.g., in the text ‘In some cases he may wait for one year, when there is non-understanding’ (Gautama, 13.28), — this should not be followed in practice; because if ‘non-understanding’ is sufficient cause for delay, why should it cease to be so after the lapse of one year only? Nor can there be any certainty as to the man, who does not grasp the plaint during one year, being able to grasp it after that time. Hence the postponement granted should he just for that period of time which may he regarded as a fair interval for the understanding of the suit and the finding of the answer. So that no more time shall be granted than what may be considered sufficient for a man of oven dull intelligence for the said purpose.

As regards the plaintiff, it is only right that he should file his plaint on the same day (that he presents himself before the Court); as he already knows that ‘such and such a man owes me such an amount,’ or that ‘such and such a man has done me this wrong’; and he takes action also entirely upon his own choice. So that when the man is setting forth his own case, why should he have a doubt upon any point (for the clearing of which he should need time)?

As for the defendant, on the other hand, he does not know anything about the complaint, when he is suddenly hauled up by the King’s officers; how then can he have any definite notion regarding either the plaint or the answer? He is in fact called upon to understand the plaint and find its answer at the spur of the moment; otherwise he would not be a ‘defendant’ at all.

Thus then, for the Plaintiff, it is necessary to complete his plaint, in regard to the case he has to prove, on the same day; or he may be granted two or three days. Both these views have been accepted by other Smṛtis: — e.g. (a) ‘The complaint should be always prepared with a definite idea of the ease and its proofs,’ and again: ‘He may strengthen his case for ten or twelve days’; and (b) ‘The plaintiff shall immediately set forth his case in writing’ (Yājñavalkya, Vyavahāra, 7).

As for the view that ‘postponement may be granted for one year,’ there is no authority for it, and as such it cannot be accepted. We cannot always assume the presence of Vedic texts corroborative of such Smṛti-texts as bear upon judicial proceedings, — in the same manner as we do in the case of the Smṛti texts dealing with the Aṣṭakā -offering; because the judicial proceeding is not of the nature of an act to be done. In fact, we have already shown that such assumption is not possible in the case of matters amenable to other moans of knowledge (than verbal authority).

This postponement of the complaint is not to be granted in all cases; since it has been laid down that — ‘In the case of heinous crimes, of theft, of assault, of charges in connection with cows, of wrong done to the life and property of women, the defendant should be made to answer the charge at once; in other cases the time has been declared to be allowable according to the wish of the Court’ (Yājñavalkya, Vyavahāra, 12). In the case of heinous crimes and the rest, if a long postponement were granted, then, during the interval, the defendant might propitiate the other party. It is for this reason that immediate answer has been required. Specially as in such cases, there can be no lapse of memory or other causes that would justify the postponement of the answer; because as a rule charges of heinous crimes are laid before the King immediately, for the simple reason that in such oases there is great urgency. For instance, in the case of the theft of clothes, there is always the chance of its former colour being altered during the interval. Then again, in such cases such witnesses as may have happened to be present by chance would he immediately available, while (if postponement were granted) they would have gone to other places, and, as their name and caste, etc., would not he known, they could not be traced and found. So that there would naturally be absence of requisite proof.

Further, in the case of non-payment of debt and other matters, the parties may settle it between themselves, in which the King cannot interfere; for when the case has been amicably settled, it is no business of the King’s to enquire how much of the claim has been paid. As for the criminal, on the other hand, it is the duty of the King to punish him, even though he may have come to terms with the plaintiff. For these reasons, the conclusion is that there shall he postponement only in the case of non-payment of debt and such cases, while in the case of crime, etc., immediate answer shall be demanded. To this end wo have the following declaration — ‘In the case of non-payment of debt, etc., postponement may he granted, for the purpose of finding out the truth, as disputes on such matters are intricate, and there is possibility of the defendant being incapable of supplying the answer at once, or of his having forgotten the facts of the case’; — and the meaning of this Smṛti text is that in a case, where the plaint happens to be an intricate one, it is only natural that being so intricate, it cannot he grasped Jut the spur of the moment, — and every one cannot remember, after the lapse of a long time, all the details clearly and in the correct order, in order to be able to offor a suitable answer.

‘And does not prove what he has asserted,’ — i.e., having put forward the case he has to prove, he fails to establish it, because he has no proofs, and not because he has no opponent (against whom he would have to establish it).

‘Who does not grasp the precious and subsequent statements’; — this has been already explained (under 53).

For the said reasons, the person fails in the matter of the suit; i.e., is defeated. — (56)

 

Explanatory notes by Ganganath Jha:

‘Pūrvāparam’ — ‘The plaint and its answer’ (Medhātithi); — ‘the proof and the matter to be proved’ (Kullūka); — ‘what should be said first and what afterwards’ (Nārāyaṇa and Nandana).

This verse is quoted in Kṛtyakalpataru (22b) which says that ‘brūhi’, ‘speak out’ has to he reiterated for the sake of firmness; — and in Vīramitrodaya (Vyavahāra, 31b).

 

Comparative notes by various authors:

(verses 8.53-57)

See Comparative notes for Verse 8.53.

 

 

VERSE 8.57

Section XII - Non-payment of debt

 

साक्षिणः सन्ति मेत्युक्त्वा दिशेत्युक्तो दिशेन्न यः ।
धर्मस्थः कारणैरेतैर्हीनं तमपि निर्दिशेत् ॥५७॥

sākṣiṇaḥ santi metyuktvā diśetyukto diśenna yaḥ |
dharmasthaḥ kāraṇairetairhīnaṃ tamapi nirdiśet ||57||

 

Having asserted that he has witnesses, and on being asked to name them, if he does not name them, — him also, on these grounds, the judge shall declare to have failed in his suit. — (57)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘jñātāraḥ’ stands for witnesses. Having said that ‘I have witnesses,’ he is ordered — ‘name them’; thereupon, if he does not name them, indicating their residence, name and caste; — then, on each of the above-mentioned grounds, he should be regarded as having failed.

‘Dharmasthaḥ’ is one who has been appointed to try cases, — the Judge; and he should pronounce him to have failed, saying ‘this man is non-suited.’

Just as one loses his case by the other party adducing proofs establishing the contrary of his contention, so does he lose it also by the absence of proofs in support of it; and this absence of proofs is ascertained by the fact of their not being adduced by the party at the right time, even though repeatedly asked to do so, — as also by the adducing of proofs to the contrary.

‘Jñātāraḥ’ ends in the ‘tṛn’ affix; and as such it should govern a noun in the Accusative case, the use of the Genitive being precluded by Pāṇini, 2.3.69.

The right reading being ‘hīnam tam’ — the particle ‘iṭi’ should be taken as denoting kind; — the sense being — ‘on these, and on other similar grounds, the Judge shall declare him to have failed’; — if, on the other hand, the particle ‘iti’ he taken as referring to the whole sentence, then the correct reading would he ‘hīno’-sau’; because the whole sentence being the object of the verb, there would be nothing to justify the use of the Accusative ending (in ‘hīnam tam’).

These grounds of defeat are infallible, unlike the aspect, gestures, etc. (of the parties), which are fallible.

If at the time of the enquiry, a party does not present himself, — or oven though presenting himself, does not offer any answer, — then it becomes certain that there are ne grounds for the man succeeding in his suit. If the King were not to non-suit the party who never offers an answer, then the entire judicial machinery would become upset.

As regards the man not perceiving the inconsistency between his first and subsequent statements, — this has to be treated on the same footing as gesture and other indicative signs. In the case of a man who throughout is very talkative and bold and clever, gestures and other indicatives are not infallible guides; and being similar to indirect verbal indicatives, they are only regarded as corrobarative of the decision regarding defeat or victory taken on other grounds. — (57)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (22b), which explains ‘dharmasthaḥ’ as ‘one who is occupying the judgment seat’; — and in Vīramitrodaya (Vyavahāra, 31b), which explains the construction as — ‘mā,’ mām, ‘gnātāraḥ,’ persons knowing that what I state is true, &c., &c., as being, according to Medhātithi, but goes on to add, that according to the Ācārya,’ ‘meti’stands for ‘me-iti,’ the sandhi being explained as a Vedic anomaly. It notes the reading, ‘Santi jñātāra ityuktvā,’ as found in Kalpataru, but rejects it as an unauthorised reading.

 

Comparative notes by various authors:

(verses 8.53-57)

See Comparative notes for Verse 8.53.

 

 

VERSE 8.58

Section XII - Non-payment of debt

 

अभियोक्ता न चेद् ब्रूयाद् बध्यो दण्ड्यश्च धर्मतः ।
न चेत् त्रिपक्षात् प्रब्रूयाद् धर्मं प्रति पराजितः ॥५८॥

abhiyoktā na ced brūyād badhyo daṇḍyaśca dharmataḥ |
na cet tripakṣāt prabrūyād dharmaṃ prati parājitaḥ ||58||

 

If the complainant does not speak out, he shall be imprisoned and pined, according to law. If the other party does not answer within three fortnights, he becomes defeated according to law. — (58)

 

Medhātithi’s commentary (manubhāṣya):

If the ‘complainant’ — plaintiff — having gone to the King, and on getting the other party summoned, — does not state his case, then, on account of haring done all this needlessly, ‘he shall be imprisoned and fined’; whether the punishment shall be imprisonment or fine, and what shall be the exact period and amount of these, should he determined in accordance with the nature of the case and the loss entailed upon the other party on account of being summoned. For this reason it is necessary for the complainant to state his case on the same day.

As for the defendant, ‘if he does not answer within three fortnights,’ — then he shall not be either imprisoned or fined; in fact, if he does not answer the charge within the time, he loses the case.

‘According to law’; — such defeat would be quite legal, and not illegal.

‘Within three fortnights’;............ (?)

The real meaning of this verse has been explained by us above (under verse 56). — (58)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (22b).

 

Comparative notes by various authors:

Nārada (2.2). — ‘Tho defendant, immediately after having become acquainted with the plaint, shall write down his answer, which must correspond to the tenour of the plaint; or, let him deliver his answer on the next day, or in three days, or in seven days.’

Bṛhaspati (4.1-6). — ‘When the plaint has been well-defined, a clear exposition given of what is claimed and what not, and the meaning of the plaint fully established, the judge shall cause the answer to be submitted by the defendant. If the defendant does not make an answer fully meeting the contents of the plaint, he shall be compelled to pay by gentle remonstrance and other methods; — kindly speeches constitute gentle remonstrance, intimidation is pointing out danger.’ Force consists of depriving one of his property, or striking or confining him. When a man makes no answer, even though all methods have been employed, he is defeated and liable to punishment after a week. When the defendant asks for time, through timidity or terror or failing memory, time shall be granted to him. He shall bo allowed time extending to one day, or three days, or five days, or seven days, or a fortnight, or a month, or three seasons, or a year, according to his circumstances.’

 

 

VERSE 8.59

Section XII - Non-payment of debt

 

यो यावद् निह्नुवीतार्थं मिथ्या यावति वा वदेत् ?? ।
तौ नृपेण ह्यधर्मज्ञौ दाप्यौ तद्द्विगुणं दमम् ?? ॥५९॥

yo yāvad nihnuvītārthaṃ mithyā yāvati vā vadet ?? |
tau nṛpeṇa hyadharmajñau dāpyau taddviguṇaṃ damam ?? ||59||

 

If one falsely denies a debt, or if the other falsely demands it, — these two, proficient in dishonesty, should be made by the king to pay a fine double that sum. — (59)

 

Medhātithi’s commentary (manubhāṣya):

In a case where on the strength of other proofs it has boon decided that the creditor had lent only 5,000, while the sum entered in the document is 10,000; from this it is understood that, the creditor has been dishonest in his dealings, having thought that, as other kinds of evidence would be admissible only for one year, he would get what he would prove by moans of the documentary evidence only; and being found to be dishonest, he should ho fined double the amount. But in a case where there may he a doubt as to whether the fraud had been committed intentionally, or only through carelessness, the fine shall be only ten per cent.

Similarly in the case of the defendant also. It is not that if he denies the whole claim, the tine shall be ten per cent, and if he denies it only partly, then double the amount. As a matter of fact, when they are found to be dealing dishonestly, they shall he fined double the amount; while if their behaviour is found to be due to either negligence or poverty, the fine shall be only ten per cent.

When ‘one’ — i.e., the debtor — ‘denies the debt,’ and when the other, i.e., the creditor — ‘falsely’ — dishonestly — demands it; — then both these, the creditor as well as the debtor would be ‘proficient in dishonesty,’ and should be fined ‘double the sum’; — ‘the sum’ standing for what is denied; so that the sense is that the fine shall be double the sum that was denied.

The addition of the term ‘proficient in dishonesty’ indicates that the penalty is imposed for proved dishonesty. — (59)

 

Explanatory notes by Ganganath Jha:

Verses 59-61 are not omitted by Medhātithi, as wrongly asserted by Hopkins.

This verse is quoted in Vivādaratnākara (p. 77), which adds the following explanation: — When the defendant, through dishonest motives, denies the claim, — or when the plaintiff prefers a false claim, — both those are dishonest dealers, and they should be punished with a fine, which is the double of the amount of the claim; — in Vivādacintāmaṇi (p. 34), which says that this rule refers to cases where the culprit is very wealthy; — and in Kṛtyakalpataru (80b).

 

Comparative notes by various authors:

Vyāsa (Vivādaratnākara, p. 77). — ‘He who makes a false claim should be made to pay twice the value of the claim.’

Yama (Do., p. 78). — ‘If the debtor, even though possessed of the requisite means, does not repay the debt, through dishonesty, he should be compelled by the King to pay, having realised from him double of his debt.’

Nārada (Vivādaratnākara, p. 78). — ‘If the debtor, even though possessed of the requisite means, does not repay the debt, through dishonesty, he should be compelled by the King to repay, after taking from him the twentieth part of the claim as fine.’

Yājñavalkya (2.11). — ‘If a party makes a false statement, and the other party proves it to he so, then the former shall pay to the King a fine equal to the amount of the claim. The man who makes a false claim shall pay to the King a fine equal to double the amount of the claim.’

 

 

VERSE 8.60

Section XII - Non-payment of debt

 

पृष्टोऽपव्ययमानस्तु कृतावस्थो धनेषिणा ।
त्र्यवरैः साक्षिभिर्भाव्यो नृपब्राह्मणसंनिधौ ॥६०॥

pṛṣṭo'pavyayamānastu kṛtāvastho dhaneṣiṇā |
tryavaraiḥ sākṣibhirbhāvyo nṛpabrāhmaṇasaṃnidhau ||60||

 

On having been summoned and questioned, if one denies it, — then he siiall be convicted by the man seeking for his due by means of at least three witnesses, in the presence of the king and the brāhmaṇas. — (60)

 

Medhātithi’s commentary (manubhāṣya):

Being ‘summoned’ — called, complained against, and let off on security, — ‘and questioned’ — in the presence of the King, either by the judge or by other members of the Court — ‘Do you, or do you not, owe this amount to this person?’ — if the man denies it; ‘then he shall he c onv icted,’ — proved to be wrong — ‘by the man seeking for his due’ — i.e., by the person who is desirous of proving that the sum had been really lent by him, — ‘by means of at least three witnesses’; — the compound ‘tryavara’ means ‘of whom three is the least number,’ the term ‘avara’ standing for the minimum; the meaning being that if they are to be fewest, they should he three; otherwise they should he more than three; — in the presence of the King and the Brāhmaṇas.’

An objection is raised: — “The witnesses are naturally to be questioned before the persons by whom the case has begun to be tried; why then should it ho asserted that this has to be done in the presence of the King and the Brāhmaṇas?”

There is no force in this. It is just possible that the witnesses might be questioned by deputing a trustworthy person to go to them; hence with a view to emphasise that the witnesses should be questioned personally by the trying persons, it has been reiterated here. — (60)

 

Comparative notes by various authors:

Nārada (2.26). — ‘When the defendant denies the claim, the plaintiff has to prove his claim, unless the denial should have been in the form of a special plea. What the plaintiff has fully stated in the plaint, that he must substantiate by adducing evidence at the third stage of the trial.’

Nārada (1.147 (?)). — ‘In doubtful cases, when two parties are quarrelling with one another, the truth has to be gathered from witnesses, whose knowledge is based on what has been seen, heard or understood by them.’

Bṛhaspati (5.1-3). — ‘When litigants are quarrelling in a court of justice, the Judges, after examining the answer, shall adjudge the burden of proof to either of the two parties. The Judges............ having determined to which party the burden of proof shall be adjudged, that person shall substantiate the whole of his declaration by documents or other proofs. The plaintiff shall prove his declaration, and the defendant his special plea.’

Āpastamba (2.29.7). — ‘The witness shall answer the questions put to him, according to the truth, in the morning, before a kindled fire, standing near water, in the presence of the King, with the consent of all, after having been exhorted by the Judges to be fair to both sides.’

Gautama (13.1). — ‘In disputed cases the truth shall be established by means of witnesses.’

Yājñavalkya (2.69). ‘Witnesses should be at least three.’

 

 

VERSE 8.61 [Evidence]

Section XII (A) - Evidence

 

यादृशा धनिभिः कार्या व्यवहारेषु साक्षिणः ।
तादृशान् सम्प्रवक्ष्यामि यथा वाच्यं ऋतं च तैः ॥६१॥

yādṛśā dhanibhiḥ kāryā vyavahāreṣu sākṣiṇaḥ |
tādṛśān sampravakṣyāmi yathā vācyaṃ ṛtaṃ ca taiḥ ||61||

 

I shall declare now what sort of persons should be made witnesses in suits by wealthy men, and how the truth should be told by them. — (61)

 

Medhātithi’s commentary (manubhāṣya):

The verse introduces the section dealing with witnesses.

‘What sort of persons’ — i.e., of what, castes and with what qualifications.

‘Wealthy men’ — creditors.

‘Suits’ — dealing with money-transactions.

I shall describe now what sorts of witnesses shall he adduced; and also how the truth should be told by them, when questioned, — this also I shall explain. — (61)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 256); — and in Smṛticandrikā (Vyavahāra, p. 173).

 

Comparative notes by various authors:

(verses 8.61-63)

Baudhāyana (1-19.13). — ‘Men of the four castes who have sons may be witnesses, excepting Śṛotriyas, the King, ascetics and those destitute of human intelligence.’

Viṣṇu (8.8). — ‘Descendants of a noble race, who are virtuous and wealthy, sacrifices, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas and aged — shall be witnesses.’

Yājñavalkya (2.68.69). — ‘Persons devoted to austerities, charitable, of noble families, veracious, heedful of righteousness, straightforward, with sons, wealthy, devoted to acts prescribed in the Śruti and in Smṛtis; — such persons shall be witnesses; — they shall be at least three in number; the caste of the witnesses being consonant with the caste of the parties; or members of all castes may be witnesses for all eases.’

Bṛhaspati (7.16). — ‘There should be nine, seven, five, four or three witnesses; or two only, if they are learned Brāhmaṇas, are proper; but let him never examine an only witness.’

Gautama (13.2.3). — ‘Witnesses shall be many, faultless as regards the performance of their duties, worthy to be trusted by the King, and free from affection for, or hatred against, either party; — they may be even Śūdras.’

Bṛhaspati (7.28), — ‘Those may be witnesses who are in the habit of performing religious acts enjoined in the Vedas and Smṛtis, free from covetousness and malice, of respectable parentage, irreproachable, zealous in austerities, liberal and sympathetic.’

Āpastamba (2.29.7). — ‘A person possessed of good qualities may be called as a witness, and he shall, answer the questions.’

Vaśiṣṭha (16.28). — ‘Śrotriyas, men of unblemished form, of good character, men who are holy and love truth, are fit to be witnesses; — or men of any caste may give evidence regarding men of any other caste.’

Nārada (1.153-154). — ‘The witnesses shall be of honourable family, straightforward and unexceptionable as to their descent, their actions and their fortunes. They shall not be less than three in number, unimpeachable, honest and pure-minded. They shall be Brāhmaṇas, Kṣatriyas or Vaiśyas or irreproachable Śūdras. Each of these shall be witness for his own order; or all of them may be witnesses for all.’

 

 

VERSE 8.62

Section XII (A) - Evidence

 

गृहिणः पुत्रिणो मौलाः क्षत्रविद् शूद्रयोनयः ।
अर्थ्युक्ताः साक्ष्यमर्हन्ति न ये के चिदनापदि ॥६२॥

gṛhiṇaḥ putriṇo maulāḥ kṣatravid śūdrayonayaḥ |
arthyuktāḥ sākṣyamarhanti na ye ke cidanāpadi ||62||

 

Householders, men with sons, respectable natives, and men of the kṣatriya, vaiśya and śūdra castes are competent to act as witnesses, when cited by suitors; — and not any and every person, except in emergencies. — (62)

 

Medhātithi’s commentary (manubhāṣya):

‘Householders’ — persons who have married; the term ‘gṛha,’ ‘house,’ standing for wife. Through fear of trouble falling upon their wives, these men do not act dishonestly; there are many who may be indifferent in regard to consequences to themselves personally, and may give false evidence, thinking thus — ‘I shall save myself by going away to some other country, or even in this country I shall hide myself and acquire wealth and friends’; but when they have a family they have fears regarding the family and, setting aside all ideas of fleeing away and keeping themselves safe, and, in the best interests of the family, desist from dishonest dealings, through fear of punishments being inflicted upon their family.

‘Men with sons;’ — through love for their sons, such men shun all dishonest dealings; and further, people who have no wife and children, even though they may be quite honest, may not be available (meettai th)? of the evidence being taken; because such people do not have any fixed abode.

‘Maulāḥ,’ ‘respectable natives’; — this also is open to the same explanation. The terms stand for natives born in the country; these, being afraid of committing a sinful act among their own people, do not tell lies. the term ‘maula’ denotes ‘those who command mūla or respect’; but this is only an explanation of the denotation of the term; and the nominal affix denotes nativity. Men born in a country generally live there; so there is no incongruity in this.

‘Men of the kṣatriya, vaiśya and śūdra castes,’ — not the Brāhmaṇa, as for him, constant study and teaching have been prescribed, — or the daily offering of the Agnihotra offerings; so that if the King were at a distance from him, and he were summoned to appear before him, it would load to a dereliction of his duty; and it is with a view to guard against this that he is not mentioned as fit for being cited as a witness. But if the Brāhmaṇa happens to know all about the case, and there are no other witnesses, and the case is an important one, — then he is the most important witness. It is with a view to these latter cases that the exact form of question for the Brāhmaṇa-witness is going to be laid down: — ‘This Brāhmaṇa shall be examined by being asked to speak’ (verse 88 below).

The term ‘yoni’ (in the compound ‘kṣatra-viṭ-śūdra-yonayaḥ’) is to be construed with each of the preceding terms; the meaning being ‘those of whom the kṣatriya is the yoni or origin,’ i.e., those of the kṣatriya caste; or the right explanation of the compound may be with the Ablative — ‘kṣatrāt yoniḥ janma yasya,’ ‘he whose birth is from the kṣatriya caste.’

These persons become competent witnesses only when the suitor declares — ‘these are my witnesses.’ Those who come and volunteer to give evidence are not real ‘witnesses.’

‘Except in emergencies’. — Some people have explained that the ‘emergency’ meant here is the absence of other witnesses. But this is not right. Because untruthfulness is the only thing that disqualifies one from being a proper ‘witness’; and this disqualification does not cease, simply because other truthful witnesses are not available. We do not mean to say that the phrase (‘except in emergencies’) permits the admissibility as witnesses of such persons as have been definitely declared to be disqualified, or of those who have reasons to depose falsely, or those who are interested in the case; all that we mean is that in the event of no other witnesses being available, the saving clause permits the calling of such Vedic scholars and other persons as may be conversant with the facts of the case, whose summoning might interfere with these religious practices, — and not of admitted liars. — (62)

 

Explanatory notes by Ganganath Jha:

‘Maulāḥ’ — ‘Natives of the place’ (Medhātithi); — ‘heads of families or friends.’

This verse is quoted in Aparārka (p. 665); — and in Vyavahāra-Bālambhaṭṭī (p. 256).

Comparative notes by various authors:

(verses 8.61-63)

See Comparative notes for Verse 8.61.

 

 

VERSE 8.63

Section XII (A) - Evidence

 

आप्ताः सर्वेषु वर्णेषु कार्याः कार्येषु साक्षिणः ।
सर्वधर्मविदोऽलुब्धा विपरीतांस्तु वर्जयेत् ॥६३॥

āptāḥ sarveṣu varṇeṣu kāryāḥ kāryeṣu sākṣiṇaḥ |
sarvadharmavido'lubdhā viparītāṃstu varjayet ||63||

 

In all law-suits trustworthy men of all the castes, fully conversant with morality and free from avarice, should be made witnesses; the reverse of these should be avoided. — (63)

 

Medhātithi’s commentary (manubhāṣya):

‘Trustworthy,’ — who never say what is not in conformity with facts; who always state facts as they are actually seen; with regard to whom people never have any suspicion of being liars.

‘Fully conversant witḥ morality’; — who are always engaged in the performance of their religious duties, and who know them; i.e., who act up to all that is enjoined in the Veda and in the Smṛtis and sanctioned by usage, and who know everything regarding what leads to heaven and what to hell. Such people, perceiving that the telling of lies will lead to hell, are afraid of untruth.

‘Free from avarice,’ — i.e., of magnanimous temperament, not liable to regarding a little wealth as much.

Each individual witness should he possessed of all these qualification; these are stated as subsidiary to the act of giving evidence; and combination is always intended in regard to what are subsidiaries.

‘Of all castes’; — that is to say, there is no restriction regarding castes. As regards the rule relating to the restriction of castes, that we shall explain later on. The meaning of the present text therefore is that ‘men of any caste, according as they be available, should ho cited as witnesses by all suitors.’

‘In all suits,’ — such as non-payment of debt and the rest.

Those who are the ‘reverse’ of those specified above ‘should be avoided.’ — Though as a matter of fact, when specially qualified persons have been specified, there is no possibility of the admission of those who are the ‘reverse’ of them, — yet the preclusion is in accordance with popular usage: ordinary men are often found to assert one thing and deny its contrary (in the same sentence); e.g., they are found to say — “an operation alters a material substance, and not what is not material.’ Further, the chief qualification of witnesses is truthfulness; and this cannot be ascertained in its positive form; in fact it can be ascertained only negatively, by finding out that the man does not pervert truth; this latter again is not perceptible because what the ‘non-perverting of truth’ means is the telling of truth, and in regard to what cm only be heard by the ear, bow can there he any perceptible cognition of the truth of what is stated by the words? If the facts were perceptible, there would be no need for seeking for any witnesses. And in regard to all things cognisable by means of words,

there is no amenability to any other means of cognition. So that it is only when it is found that in a certain person all those conditions are absent which are found to be conducive to telling lies, that the veracity — i.e., his incapability to pervert truth — conies to be inferred. Thus it is with a view to indicate this that we have the words ‘the reverse of these should be avoided.’ — (63)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 256 and 281); — and in Smṛticandrikā (Vyavahāra, p. 177).

Comparative notes by various authors:

(verses 8.61-63)

See Comparative notes for Verse 8.61.

 

 

VERSE 8.64

Section XII (A) - Evidence

 

नार्थसम्बन्धिनो नाप्ता न सहाया न वैरिणः ।
न दृष्टदोषाः कर्तव्या न व्याध्यार्ता न दूषिताः ॥६४॥

nārthasambandhino nāptā na sahāyā na vairiṇaḥ |
na dṛṣṭadoṣāḥ kartavyā na vyādhyārtā na dūṣitāḥ ||64||

 

Neither interested persons, nor relations, nor helpers, nor enemies, nor persons of proved corruption, nor those afflicted with disease, nor the corrupted should be made witnesses. — (64)

 

Medhātithi’s commentary (manubhāṣya):

The following persons are named, as showing those persons in whose case causes for telling lies are likely to be present.

Among these are (1) ‘interested persons’ — i.e., persons standing related to each other in the relation of the creditor, the debtor and so forth. If a person loses a ease through the deposition of one who happens to be his debtor, he is likely to become enraged at that very time and to press the debtor for immediate repayment of the debt; in view of this the debtor is likely to be swayed by a desire to keep the creditor pleased; and as such he cannot he a witness. Similarly, in a suit filed by the debtor against some one, his creditor would be swayed by the consideration that if the penniless suitor won his case, he would he able to repay his own dues; and as such he would he likely to depose falsely in his favour; for this reason he also cannot be a true witness.

Or, ‘interest’ mean purpose, object; thus persons who have some end in view, — who stand to gain from either party, — or from whom either party is likely to gain something — are called ‘interested’ — their interest in the case being similar to that of the parties themselves.

‘Relations’ — friends and relations knowing the insand outs of the case, — e.g., paternal and maternal uncles, etc.

‘Helpers’ — those who have stood security and others similarly situated.

‘Enemies’ — what these are is well known.

‘Persons of proved corruption,’ — those who have home false evidence in other cases, or who have committed other forbidden acts.

‘Afflicted with disease,’ — i.e., those affected by serious, — not paltry-ailments; this is what is implied by the term ‘afflicted.’ Those labouring under such afflictions are likely to lose temper, to forget things and to perjure themselves.

‘Corrupted,’ — those who have committed a mortal sin, or have repeatedly committed minor sins. the term ‘of proved corruption’ is meant to refer to those who hare been convicted of, and punished for, a serious crime. Such persons are no longer regarded as ‘corrupted,’ because they have been brought under discipline by having paid to t he king the penalty for their sin. — (64)

 

Explanatory notes by Ganganath Jha:

‘Arthasambandhinaḥ’ — ‘Persons having money-dealings with either of the two parties’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘having an interest in the suit’ (Nārāyaṇa and Medhātithi, alternatively); ‘who have received benefits from the parties’ (Nandana).

‘Sahāyāḥ’ — ‘Sureties and the like’ (Medhātithi); — ‘Servants’ (Kullūka and Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 66); — in Vyavahāra-Bālambhaṭṭī, (p. 281); — in Nṛsiṃhaprasāda (Vyavahāra, p. 10a); — in Kṛtyakalpataru (29b); — and in Vīramitrodaya (Vyavahāra, 49a), which says that these texts set forth those qualities, which make a man unreliable as a witness, and it reproduces Medhātithi’s explanations of the words.

 

Comparative notes by various authors:

(verses 8.64-67)

Gautama (13.2). — (See under 63.)

Āpastamba (2.29.7). — (See under 63.)

Vaśiṣṭha (16.28). — (See under 63.)

Viṣṇu (8.2-4). — ‘The King cannot be made a witness; nor an ascetic, nor a learned Brāhmaṇa, nor a gamester, nor a thief, nor a person who is not his own master, nor a woman, nor a child, nor a perpetrator of violence, nor one overaged, nor one intoxicated or insane, nor a man of ill-repute, nor an outcast, nor one tormented by hunger or thirst, nor one oppressed by a sudden calamity, nor one wholly absorbed in evil passions; — nor an enemy or a friend, nor one interested in the subject-matter, nor one who does forbidden acts; nor one formerly perjured; nor an attendant; nor one who, without being appointed, comes and offers his evidence.’

Yājñavalkya (2.70-71). — ‘The following are not to be made witnesses: — Woman, child, aged person, gamester, one intoxicated or insane, one accused of a heinous crime, actor, heretic, forger, one with defective organs, outcast, a near relative, or one related in business, friend, enemy, thief, one addicted to violence, those beset with perceptible faults, one despised (by good men).’

Baudhāyana (1.19.13). — (See under 62.)

Nārada (1.157-162). — ‘Incompetent witnesses have been declared by the learned to be of five sorts: (1) Actually declared by law to be incompetent, (2) incompetent on account of depravity, (3) incompetent by reason of contradiction, (4) one of uncalled for deposition, (5) one of intervening decease. (1) Learned Brāhmaṇas, devotees, aged persons and ascetics are those who have been declared by law to be incompetent, without any reason being given for it; — (2) thieves, robbers, dangerous characters, gamblers and assassins are incompetent by reason of their depravity, there is no truth to be found in them; — (3) if the statements of witnesses called by the King do not agree, they are rendered incompetent by reason of contradiction, — (4) he who, without being appointed to be a witness, comes of his own accord to make a deposition, is called a spy in the law-books and he is unworthy to bear testimony; — (5) where can any person bear testimony, if the claimant is no longer in existence, whose claim should have been heard? Such a person is rendered incompetent by reason of intervening decease.’

Nārada (1.177-192). — ‘Those must not be examined as witnesses who are interested in the suit; nor friends or associates or enemies or notorious offenders or persons stained with a heavy sin; — nor a slave or an impostor, or one not admitted to Śrāddhas; nor a child, nor an oil-presser, nor one intoxicated, nor a mad man, nor a careless man, nor one distressed, nor a gamester, nor one who sacrifices for the whole village; — nor one engaged in a long journey, nor a merchant who travels to transmarine countries, nor a religious ascetic, nor one sick or deformed; nor a simple man, nor a learned Brāhmaṇa, nor one who neglects religious practices, nor a eunuch nor an actor; — nor an atheist, nor an apostate, nor one who has forsaken his wife or his fire, nor one who makes illicit offerings, nor an associate who eats out of the same dish as oneself, nor an adversary, nor a spy, nor a relation, nor one related by the same womb; — nor one who has proved an evil-doer, nor a public dancer, nor one who lives by poison, nor a snake-catcher, nor a poisoner, nor an incendiary, nor one who has committed a minor offence; — nor one oppressed by fatigue, nor a ferocious man, nor one who has relinquished worldly appetites, nor one penniless, nor a member of the lowest castes, nor one leading a bad life, nor one still a student, nor an oilman nor a dealer in roots; — nor one obsessed by a demon, nor an enemy of the King, nor a weather-prophet, nor an astrologer, nor a malicious person, nor one self-sold, nor one of deficient limbs, nor one living by prostitution; — nor one with bad nails or black teeth, nor one who betrays his friend, nor a rogue, nor a dealer in spirituous liquor, nor a juggler, nor an avaricious or cruel man, nor an enemy of the company of traders or of an association; — nor one who takes animal-life, nor a leather-manufacturer, or a cripple, or an outcast, or a forger, or a quack, or an apostate, or a robber, or one of the King’s attendants; — nor a Brāhmaṇa who sells human beings, cattle meat, bones, honey, milk, water or butter; nor a member of a twice-born caste who is addicted to usury; — nor one who neglects his duties, nor a judge, nor a bard, nor one who serves low people, nor one who quarrels with his father, nor one who causes dissension. These are the incompetent witnesses. When a heinous crime, or a robbery or adultery or defamation has been committed, the King should not inquire too strictly into the character of the witnesses. A child also cannot be made a witness; nor a woman, nor one man alone, nor a cheat, nor a relation, nor an enemy. By the consent of both parties even one man alone may become a witness in a suit.’

Bṛhaspati (7.29-30). — ‘The mother’s father, the father’s brother, the wife’s brother, maternal uncle, brother, friend and son-in-law are inadmissible as witnesses in all disputes. Persons addicted to adultery or to drinking, gamblers, calumniators, insane, suitering, violent persons and unbelievers cannot act as witnesses.’

 

 

VERSE 8.65

Section XII (A) - Evidence

 

न साक्षी नृपतिः कार्यो न कारुककुशीलवौ ।
न श्रोत्रियो न लिङ्गस्थो न सङ्गेभ्यो विनिर्गतः ॥६५॥

na sākṣī nṛpatiḥ kāryo na kārukakuśīlavau |
na śrotriyo na liṅgastho na saṅgebhyo vinirgataḥ ||65||

 

The king should not be made a witness; nor craftsmen, nor actors, nor a Vedic scholar, nor one in holy orders, nor one who has renounced all attachments. — (65)

 

Medhātithi’s commentary (manubhāṣya):

At the time that one is lending out money, the king should not he made a party to the transaction by being requested to the effect ‘yon shall he my witness.’ Because if the king gave evidence, people would suspect him of partiality, — being all-powerful as he is; and tin’s would lead to the detriment of the interest of one or the other; — nor would it be proper to question the king in the same manner as an ordinary witness. Though being an inhabitant of the same place, the king might corroborate statements by means of written notes, yet what is forbidden is his appearance as a regular witness of the ordinary class.

As for craftsmen and the rest, they should not be made witnesses for fear of injury to their business. These men live by the good-will of the people; and it is human nature that though men know (that their case is false), yet the mere consideration that they are losing it leads them to bear a grudge against the witnesses and others; and thus the universal goodwill of the artisan and the rest becomes lost, further, in as much as these men are of mean nature, they are prone to being diverted from the path of honesty, and hence becoming partial.

As regards the ‘Vedic scholar,’ what is denied is not his trustworthiness, but the propriety of his appearing as a witness; just as in the case of the king. Because the foot of the man being a ‘Vedic scholar’ does not deprive him of his trustworthiness; on the contrary, it only intensifies it to a special degree; and (his for the same reason that Vedic scholarship has never been found to be the instigator of perjury.

Similarly with those that follow.

‘Craftsmen’ — those that make a living by some crafts; such as cooks and the like.

‘Actors’ — dancers, singers and so forth.

‘Vedic scholar’ — one who studies the Veda; the person meant here is one who is always engaged in Vedic study. Or, ‘Vedic scholarship’ may be taken as indicating the performance of religions rites; and in that, case the prohibition would apply to one who is engaged in such performance; — the work of the witness being prejudicial to such rites.

‘One in holy orders’ — the Religious student. As for those who merely wear the badge of the Wandering Mendicant, or of the heretical orders, — these are inadmissible on the ground of their following the heretical scriptures.

‘One toko has renounced attachments’ — This stands for those householders who have ‘renounced the Veda.’ ‘Attachment’ means either the repeated enjoyment of sensual objects, or the undertaking of acts for ordinary worldly purposes — .(65)

 

Explanatory notes by Ganganath Jha:

‘Kuśīlava’ — ‘Actors, dancers singers and so forth’ (Medhātithi); — ‘actors’ (Nārāyaṇa); — ‘actors and so forth’ (Govindarāja and Kullūka); — ‘singers’ (Nandana).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 66); — in Nṛsiṃhaprasāda (Vyavahāra, p. 10a); — in Vyavahāra-Bālambhaṭṭī (p. 281); — in Smṛticandrikā, (Vyavahāra, p. 177); — in Kṛtyakalpataru (80b); — and in Vīramitrodaya (Vyavahāra, 49b), which reproduces Medhātithi’s, explanation.

 

Comparative notes by various authors:

(verses 8.64-67)

See Comparative notes for Verse 8.64.

 

 

VERSE 8.66

Section XII (A) - Evidence

 

नाध्यधीनो न वक्तव्यो न दस्युर्न विकर्मकृत् ।
न वृद्धो न शिशुर्नैको नान्त्यो न विकलेन्द्रियः ॥६६॥

nādhyadhīno na vaktavyo na dasyurna vikarmakṛt |
na vṛddho na śiśurnaiko nāntyo na vikalendriyaḥ ||66||

 

 — Not one wholly dependent, nor one under pupilage, nor a paid servant, nor one who adopts forbidden occupations, nor one too old, nor a minor, nor a single person, nor one belonging to the lowest class, nor one with defective organs; — (66)

 

Medhātithi’s commentary (manubhāṣya):

‘One wholly dependent’: — this term is applied by usage to the horn slave and such other persons who are entirely subservient to other persons.

Others read ‘adhyādhīna,’ which means a prisoner.

‘One under pupilage’ — the son or the pupil (of either party), who is entirely under the sway of the Teacher. Or the term ‘vaktaryaḥ’ may he taken as standing for one whose body has been deformed by leprosy or some such disease.

‘Dasyu’ here stands for the servant engaged on fixed wages, — so called because he ‘accomplishes work’ ( ), as explained by the followers of the Nirukta. Since such a servant is engaged on daily wages, he is not absolutely dependent on others; that is why he has been mentioned separately. As persons belonging to this class live upon the wages earned, they would become deprived of their livelihood (if they deposed against their employer); and further, as their living is small, they are liable to corruption, hence untrustworthy also. As for the thief or robber (who also is called ‘dasyu’), as he is mentioned by a separate word (in the next verse), he cannot be taken as spoken of here by means of the term ‘dasyu.’ Or, the term ‘dasyu’ may stand for a hard-hearted person, one of cruel disposition.

‘Vikarmakṛṭ’ is one who adopts an occupation forbidden by the scriptures; e.g., the Brāhmaṇa adopting the occupation of the Kṣatriya, or the Kṣatriya that of the Vaiśya and so forth.

‘Too old.’ — One who is too old is subject to lapses of memory.

‘Minor,’ — one who is too young and not yet entered business.

‘A single person’ — in as much as ‘at least three’ has already been laid down, — which leaves no possibility of citing a single witness — the prohibition of ‘a single person’ is to be taken as permitting under certain circumstances, the citing of only two witnesses. Otherwise, in a case where, it being laid down that a document must be attested by three persons, — people might be led to think that if the third attestor is not present, the other two persons may write, but they are not admissible as a ‘witness.’

‘Person belonging to the lowest class’ — the barbarian, the Caṇḍāla and so forth. These are percluded here, because they might be regarded as admissible by reason of their having their origin in the Śūdra-caste (who is permitted in verse 60).

“One with defective organs’ — with his perceptive faculties rendered defective by bodily disease. — (66)

 

Explanatory notes by Ganganath Jha:

‘Vaktavyaḥ’ — ‘Son or pupil or such others as can be ordered about’ (Medhātithi and Rāmacandra); — ‘one whose body is disfigured by leprosy or such other diseases’ (Medhātithi, alternative); — ‘despised by reason of misconduct’ (Nārāyaṇa, Kullūka, Rāghavānanda and Nandana).

‘Dasyu,’ — ‘Servant receiving wages’ (Medhātithi. Govindarāja and Rāghavānanda); — ‘cruel man’ (Medhātithi, alternative, Kuljūka and Rāghavānanda); ‘low-caste man’ (Nandana)‘murderer’ (Rāmacandra).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 66) — in Nṛsiṃhaprasāda (Vyavahāra, p. 10a); — in Vyavahāra-Bālambhaṭṭī (p. 281); — in Smṛticandrikā (Vyavahāra, p. 177); — in Kṛtyakalpataru (30b), which explains ‘adhyadhīnaḥ’ as one who is held in bondage; — and in Vīramitrodaya (Vyavahāra, 49b), which reproduces Medhātithi’s explanations.

 

Comparative notes by various authors:

(verses 8.64-67)

See Comparative notes for Verse 8.64.

 

 

VERSE 8.67

Section XII (A) - Evidence

 

नार्तो न मत्तो नोन्मत्तो न क्षुत्तृष्णोपपीडितः ।
न श्रमार्तो न कामार्तो न क्रुद्धो नापि तस्करः ॥६७॥

nārto na matto nonmatto na kṣuttṛṣṇopapīḍitaḥ |
na śramārto na kāmārto na kruddho nāpi taskaraḥ ||67||

 

 — Nor one afflicted, nor one intoxicated, nor one demented, nor one tormented by hunger and thirst, nor one oppressed by fatigue, nor one tormented by love, nor one who is in a rage, nor a thief. — (67)

 

Medhātithi’s commentary (manubhāṣya):

‘Afflicted’ — by the death of relatives and friends.

‘Intoxicated’ — senseless through wine.

‘Demented’ — seized by epilepsy, or obsessed by ghosts.

‘Tormented by hunger or thirst’ — Suffering from the pangs of hunger or thirst.

‘Fatigue’ — caused by much physical labour, involved in walking long distances, engaging in battle and so forth; — ‘oppressed’ by it.

‘Love’ — Desire for intercourse with women. One who is separated from his beloved, as also one who is too much with her, — both of them are untrustworthy, on account of their mind being engrossed in the loved one, or in the fear of being separated from her.

‘In rage’ — who is too angry with some person, — even other than the parties of the suit; such a person having his mind entirely taken up with rage is unable to perceive things rightly, or to remember them correctly.

‘Thief’; — even though the thief also is ‘one who adopts a forbidden occupation,’ yet since ho has been mentioned separately, it has to be explained on the analogy of the expression ‘go-balīvarda’ (‘cows and hulls’). — (67)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 66); — in Nṛsiṃhaprasāda (Vyavahāra, p. 10a); — in Vyavahāra-Bālambhaṭṭī (p. 281); — in Smṛticandrikā (Vyavahāra, p. 177); — in Kṛtyakalpataru (30b); — and in Vīramitrodaya (Vyavahāra, 49b).

 

Comparative notes by various authors:

(verses 8.64-67)

See Comparative notes for Verse 8.64.

 

 

VERSE 8.68

Section XII (A) - Evidence

 

स्त्रीणां साक्ष्यं स्त्रियः कुर्युर्द्विजानां सदृशा द्विजाः ।
शूद्राश्च सन्तः शूद्राणां अन्त्यानामन्त्ययोनयः ॥६८॥

strīṇāṃ sākṣyaṃ striyaḥ kuryurdvijānāṃ sadṛśā dvijāḥ |
śūdrāśca santaḥ śūdrāṇāṃ antyānāmantyayonayaḥ ||68||

 

 — Woman should give evidence for women; and for twice-born persons similar twice-born men, virtuous śūdhas for śūdras, and men of the lowest caste for the lowest men. — (68)

 

Medhātithi’s commentary (manubhāṣya):

In the case where both plaintiff and defendant are males, the evidence of females is not admissible; when however the suit lies between a male and a female, or between two females, — there women do appear as witnesses. But there is no restriction as to women alone — and no men, — being witnesses for women. In fact it is only in suits relating entirely to males that woman are admissible as witnesses only in special cases, since the only reason that is given for excluding women is their fickleness, but there are some women who are as truthful as the best propounded of the Veda and as steady.

‘For twice-born persons similar twite-born men’ As for the twice-born person of the higher class, and hence more trustworthy, — he may make certain statements whose veracity may be doubted, — and hence his words are not absolutely reliable. In fact the witness should be one who is accepted by the parties as reliable; and this is possible only when he belongs to the same class; as it is only men of the same class who by reason of living in the same place are expected to know all about one another’s transactions; while for others, it would be difficult to come into sufficiently close proximity with men of the lower strata; which, on the other hand, is always available for men of the same class. Similarly for men of inferior qualities, men of the same kind are to be witnesses; though this does not mean that persons with higher qualifications are not admissible.

The ‘similarity’ here meant may be — (a) in caste, or (b) in occupation, or (c) in qualities, or (d) in action, such as the studying of the Veda and so forth, or (e) in character.

But all this restriction is not meant to be applicable to very important suits; because as a rule much reliability is not found in men with inferior qualifications.

‘Far men of the lowest class’ — such as the Caṇḍāla and the rest — men of the same low class. The compound ‘antya-yonayaḥ’ is to be expounded as those who have their yoni or origin in the lowermost stratum.

This is meant to be only illustrative. The same rule holds good regarding other classes of people, — such as craftsmen, actors and so forth, — for whom also the witnesses should be ‘similar’ — in caste, occupation, character, etc.; though these have not been mentioned in the text; because the same reason is present in their case also. — (68)

 

Explanatory notes by Ganganath Jha:

‘Sadṛśāḥ’ — ‘Inhabitants of the same place, of the same caste, same occupations, same qualifications’ (Medhātithi); — ‘of the same caste’ (Kullūka) ‘of the same caste and equally virtuous’ (Govindarāja).

This verse is quoted in Aparārka (p. 665); — in Mitākṣarā (on 2.68); — in Smṛtitattva (II, p. 214); — in Nṛsiṃhaprasāda (Vyavahāra, p. 9b); — in Kṛtyakalpataru, 30b); — and in Vīramitrodaya (Vyavahāra, 47a).

 

Comparative notes by various authors:

Vaśiṣṭha (16.30). — ‘Let the King admit women as witnesses regarding women; for twice-born men, twice-born men of the same caste; good Śūdras for Śūdras, and men of low birth for men of the low caste.’

Yājñavalkya (2.69). — ‘Or all men may be witnesses for all castes.’

Nārada (1.153). — ‘Among companies of artisans, or guilds of merchants, artisans or merchants shall be witnesses; and members of an association among other members of the association; persons living outside, among those living outside; and women among women.’

Nārada (1.156). — ‘If in a company of artisans or guilds of merchants, or in any other association, anyone falls out with his associates, they should not bo made witnesses against him; for they all are his enemies.’

 

 

VERSE 8.69

Section XII (A) - Evidence

 

अनुभावी तु यः कश्चित् कुर्यात् साक्ष्यं विवादिनाम् ।
अन्तर्वेश्मन्यरण्ये वा शरीरस्यापि चात्यये ॥६९॥

anubhāvī tu yaḥ kaścit kuryāt sākṣyaṃ vivādinām |
antarveśmanyaraṇye vā śarīrasyāpi cātyaye ||69||

 

In the case of anything done in the interior of a house, or in a forest, or in the case of injury to the body, — any person who may be cognisant of the facts may give evidence on behalf of the parties to the suit. — (69)

 

Medhātithi’s commentary (manubhāṣya):

‘In the interior of a house,’ — any sudden act that may be committed, in the shape of defamation or assault or incest or theft or other crimes; — in the forest — if any of the said crimes are committed; — or when the body is hurt by robbers or by other similar persons, and property is robbed; — or when some one has stood security for a debt, but there are no witnesses to it; or even though there were any, they could not wait till the time of the trial; — or when the debt is repaid in private; — in all such cases, any person ‘who may be cognisant of the facts’ — who may have witnessed the transaction in question, — there being no restriction as to caste, or of similarity of standing and the like.

The phrase ‘in the interior of a house’ stands lor a secluded place in general; so that uninhabited temples and such places also become included. The mention of the ‘forest’ also indicates the same thing.

Others have explained the clause ‘śarīrasyāpi vātyaye’ to mean ‘when the entire structure of the case is going to fall through, any man can be cited as a witness’; i.e., when a case having been instituted is going to fall through, and there is no chance Of its being re-instituted, then there should be no restriction as to the caste, or sex, or age, or rank or relationship and the like. This is what is further explained in the following verse. — (69)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 671), which adds that ‘anubhāvi’ means an eye-witness, one who has actually seen the occurrence; — in Smṛtitattva (II, p. 214); — in Smṛticandrikā (Vyavahāra, p. 181), which explains’ ‘anubhāvi’ as ‘one conversant with the facts of the case’; — in Kṛtyakalpataru (3a), which explains ‘anubhāvi’ as ‘one who has had anubhāva, experience’; — and in ‘Vīramitrodaya (Vyavahāra, 51a), which has the same explanation of ‘anubhāvi.’

 

Comparative notes by various authors:

Vaśiṣṭha (16.29). — ‘Men of any caste may give evidence regarding men of any caste.’

Yājñavalkya (2.69). — (See under 68.)

 

 

VERSE 8.70

Section XII (A) - Evidence

 

स्त्रियाऽप्यसम्भावे कार्यं बालेन स्थविरेण वा ।
शिष्येण बन्धुना वाऽपि दासेन भृतकेन वा ॥७०॥

striyā'pyasambhāve kāryaṃ bālena sthavireṇa vā |
śiṣyeṇa bandhunā vā'pi dāsena bhṛtakena vā ||70||

 

In the event of (proper witnesses) not forthcoming, evidence may be given by a woman, by a minor, by an aged person, by a pupil, by a relative, by a slave, or by a servant. — (70)

 

Medhātithi’s commentary (manubhāṣya):

The mention of ‘woman’ thus permits departure from the rule laying down the sex of the witness; that of ‘minor’ and ‘aged person’ that prescribing his age; and that of ‘pupil’ makes an exception in favour of relations in general; — this being mentioned only by way of illustration, indicating the admissibility of persons similarly circumstanced; hence the restrictions regarding caste or position also are not to be strictly observed. But dear friends, or enemies or persons of proved dishonesty.are not admissible in any case; nor any one in whom there is suspicion of the presence of motives for telling a lie, or those who have been found to be unreliable. Those however who have been found to be only slightly unreliable, but otherwise endowed with superior qualifications, may, in some cases, serve as witnesses. On this point we have the following assertion — ‘There may be one man among a thousand who would not tell a lie, under the influence of friendship or enmity or some other interested motive.’

In the event of other witnesses not forthcoming, even a woman ‘may give evidence,’ — this clause being construed from the preceding verse.

‘Pupil’ — indicates tutorial and sacerdotal relationship in general.

‘Relative’ — this term makes an exception in favour of what cannot be avoided; the sense being that even though the man may bear some relationship to the parties, if he is not very nearly related, he may be admitted. Hence the cousin, the uncle, the brother-in-law and such other near relatives should not he made witnesses, the name ‘relative’ being, in ordinary usage, applicable to these persons.

‘Slave’ — indicates the relation of ownership in general; that is why the master, the teacher and the priest are not to be made witnesses in any kind of suit. The term ‘slave’ stands for the born slave and ‘servant’ for one who serves on wages.

“The minor and others have been excluded on the ground of incapacity, — they are incapable of realising what is evidence, because of their mind being fickle and undeveloped; so that any exception in their favour, oven in connection with emergencies, cannot he right. For certainly even in an emergency they do not acquire the right capacity. In fact, such an exception would he similar to the case where a man having said ‘fresh rice shall not he cooked,’ adds ‘but if there is no fire it shall be cooked?’

There is no force in this objection; as it is in view of these considerations that we have the next verse. — (70)

 

Explanatory notes by Ganganath Jha:

This rule refers to the cases contemplated in the preceding verse (Govindarāja and Kullūka), — ‘to the last of these cases only’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 671), which adds that the women and others mentioned here to be admissible as witnesses should be understood to be only such as are free from the disqualifications of being prejudiced or wickedly inclined and so forth.

 

It is quoted in Smṛtitattva (II, p. 214); — in Parāśaramādhava (Vyavahāra, p. 70); — in Smṛticandrikā (Vyavahāra, p. 181); — and in Kṛtyakalpataru (32a).

 

Comparative notes by various authors:

(verses 8.70-72)

Kātyāyana (Aparārka, pp. 670-671). — ‘In cases of disobedience of the royal edict, of adultery, of violent crimes, of theft and of assaults, — one should not be particular regarding the admissibility of witnesses. In the case of occurrences within a house, or at night, or outside the village, if a suit is brought forward, the King shall not be very particular regarding the admissibility of witnesses.’

Uśanas (Aparārka, pp. 670-671). — ‘A slave, a blind man, a deaf man, women, children, very aged persons and others, — if they are not connected with the parties — may he witnesses in the case of crimes of violence. All those persons who have been declared to he incompetent witnesses may he admitted as witnesses according to the gravity of the case. But even so a child, or a single person, or a woman, or forger, or a relative or an enemy should not be admitted; as they would he found to depose falsely; the child would do it through ignorance, the woman through inherent untruthfulness, the forger by reason of his being a habitual wrong-doer, the relations through their affection, and the enemy as a means of revenge.’

Gautama (13.9). — ‘There can be no objection against any witness in a case of criminal hurt.’

Viṣṇu (8.6). — ‘In cases of theft, of violence, abuse and assault, and of adultery, the competence of witnesses should not be examined too strictly.’

Yājñavalkya (2.72). — ‘All persons may be witnesses in cases of adultery, of theft, of assault and of violent crimes.’

Nārada (1.189). — ‘In cases of heinous crime, or robbery, or adultery, or one of the two kinds of assault, he should not enquire too strictly into the character of the witnesses.’

Nārada (1.188). — ‘Slaves, impostors and other incompetent witnesses enunciated shall nevertheless be witnesses in suits of especially grave character.’

 

 

VERSE 8.71

Section XII (A) - Evidence

 

बालवृद्धातुराणां च साक्ष्येषु वदतां मृषा ।
जानीयादस्थिरां वाचमुत्सिक्तमनसां तथा ॥७१॥

bālavṛddhāturāṇāṃ ca sākṣyeṣu vadatāṃ mṛṣā |
jānīyādasthirāṃ vācamutsiktamanasāṃ tathā ||71||

 

In the event of minors, aged and diseased persons deposing falsely in their evidence, the Judge should make up his mind regarding the speech being irregular; so also in the case of men with disordered minds. — (71)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this is as follows: —

The present verse is not meant to admit such minors and others as are either in absolute bondage or with disordered minds, — and hence entirely inadmissible. If it did so, it would be laying down something wholly new. The persons indicated by this as admissible are, in fact, those who are capable of understanding things, but whose minds are not quite steady. And what is meant is that the words of such persons should be fully examined with the help of reasonings, and they should be admitted as reliable only if it is found that they speak coherently and are not tainted with any suspicious signs of corruption. This is what is meant by the words — In the event of their deposing falsely the judge should make up his mind regarding the speech being irregular. That is to say, the falsity of the deposition should be deduced from its irregularity; — this ‘irregularity’ consisting in the incoherence of the statements and the absence of explicitness and clear utterance.

All this is meant to indicate the condition of the minor and other persons; the meaning being that those who have been reduced, either by age or by disease, to a condition in which desiring to say one thing they utter something quite different, and that also indistinctly, should not be made witnesses. This ground for inadmissibility as witness can always be ascertained by direct perception; the other grounds, — such as the presence of love or hatred or avarice and so forth, — can be found out only by investigation; as has been already declared.

‘So also in the cate of men with disordered minds,’ — i.e., those who are inherently of unsound mind. — (71)

 

Explanatory notes by Ganganath Jha:

Nandana is misrepresented by Hopkins.

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 196), which explains ‘Utsiktamanasām’ as ‘impatient’; — and in Kṛtyakalpataru (32b).

 

Comparative notes by various authors:

(verses 8.70-72)

See Comparative notes for Verse 8.70.

 

 

VERSE 8.72

Section XII (A) - Evidence

 

साहसेषु च सर्वेषु स्तेयसङ्ग्रहणेषु च ।
वाग्दण्डयोश्च पारुष्ये न परीक्षेत साक्षिणः ॥७२॥

sāhaseṣu ca sarveṣu steyasaṅgrahaṇeṣu ca |
vāgdaṇḍayośca pāruṣye na parīkṣeta sākṣiṇaḥ ||72||

 

In all cases of violence, of theft and adultery, and of assault, verbal and corporeal, — he shall not investigate the character of the witnesses. — (72)

 

Medhātithi’s commentary (manubhāṣya):

‘Sāhasa,’ ‘violence’; — ‘taha’ means ‘force’; and what is done by force is ‘sāhasa,’ ‘violence’; whenever an improper act is done by a man, either on the strength of his being the king’s favourite, or of his having a large following, or of his own bodily strength, or of the help of some powerful person, — it is called ‘sāhasa,’ ‘violence.’ e.g., the tearing of cloths, the burning by fire, the cutting of the hands, and so forth.

The rest are all well known.

In such oases the character of the witnesses need not be investigated; — this precludes the investigation that has been laid down above, under verse 60, et seq.; that investigation, on the other hand, which bears upon doubt regarding the man’s reliability, on account of the presence of love, hatred, avarice and the like, — that must be done. The placing of this limitation upon what is laid down in the text is justified by the consideration that the present treatise is known to have a visible source, in the person of a personal author; as has been explained before. — (72)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (32a); — and in Vīramitrodaya (Vyavahāra, 50b).

 

Comparative notes by various authors:

(verses 8.70-72)

See Comparative notes for Verse 8.70.

 

 

VERSE 8.73

Section XII (A) - Evidence

 

बहुत्वं परिगृह्णीयात् साक्षिद्वैधे नराधिपः ।
समेषु तु गुणोत्कृष्टान् गुणिद्वैधे द्विजोत्तमान् ॥७३॥

bahutvaṃ parigṛhṇīyāt sākṣidvaidhe narādhipaḥ |
sameṣu tu guṇotkṛṣṭān guṇidvaidhe dvijottamān ||73||

 

On a conflict among witnesses, the king shall accept the majority; in the case of equality (of number) those possessed of superior qualifications; and in the case of conflict between equally qualified witnesses, the best among the twice-born. — (73)

 

Medhātithi’s commentary (manubhāṣya):

In a dispute over the possession of land, eg., when several witnesses have been cited in proof of possession, if some depose to possession by the plaintiff, while others to that of the defendant, — then the king shall accept the statement of the majority.

 

When the number on both sides are equal, he shall Accept the statement of those ‘possessed of superior qualifications,’ — i.e., of a larger number of qualities, or of a single quality, but in a very large degree, very much to the benefit of mankind.

When there is a conflict between two equally qualified witnesses, preference has to be given to the higher caste.

Lastly, when both sets are equal in all respects, then recourse should he had to ordeals, or some other similar means of discrimination.

‘Accept the majority’ — i.e., accept as true the statement of the majority.

‘Conflict’ — making contradictory statements. — (73)

 

Explanatory notes by Ganganath Jha:

‘Dvijottamān’ — Brāhmaṇas’ (Govindarāja and Nārāyaṇa; — ‘righteous Brāhmaṇas’ (Kullūka and Raghavānanda).

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 211); — and in Kṛtyakalpataru (32a).

 

Comparative notes by various authors:

Viṣṇu (8.39). — ‘If there is contradictory evidence, let the King decide by the majority of witnesses; if there is equality in number, by superiority in virtue; if there is parity in virtue, by the evidence of the best among the twice-born.’

Yājñavalkya (2.78, 80). — ‘When there is contradiction, the evidence of the majority should be accepted; when the number of witnesses is equal on both sides, then the evidence of those better qualified should he accepted; when there is contradiction among witnesses equally qualified, the evidence of those should be accepted who are possessed of the best qualifications. Even after the witnesses have deposed, if other witnesses, either better qualified or in larger numbers, come forward to depose to the contrary, the former witnesses should be rejected as false.’

Nārada (1.229). — ‘When there is conflicting evidence, the majority of witnesses decides the matter. If the number of witnesses is equal on both sides, the testimony of those should be accepted as correct whose veracity is not liable to suspicion. If the number of such witnesses is equal on both sides, the testimony of those should be accepted who are possessed of a superior memory.’

Bṛhaspati (7.35). — ‘In a conflict among witnesses, the testimony of the majority should be accepted; when the number is equal on both sides, the testimony of the more virtuous ones; when the virtuous witnesses are divided, the testimony of those specially eminent for the performance of righteous acts; whenever those are divided, the testimony of those endowed with superior memory.’

 

 

VERSE 8.74

Section XII (A) - Evidence

 

समक्षदर्शनात् साक्ष्यं श्रवणाच्चैव सिध्यति ।
तत्र सत्यं ब्रुवन् साक्षी धर्मार्थाभ्यां न हीयते ॥७४॥

samakṣadarśanāt sākṣyaṃ śravaṇāccaiva sidhyati |
tatra satyaṃ bruvan sākṣī dharmārthābhyāṃ na hīyate ||74||

 

Evidence based upon what is directly seen and is heard is admissible; and a witness, telling the truth in such cases, does not fall off from spiritual merit or worldly prosperity. — (74)

 

Medhātithi’s commentary (manubhāṣya):

“It has already been said (under 69) that evidence may be given by any person who may be ‘cognisant of the facts of the case’; why then should any inadmissibility be suspected, in view of which it is now said that evidence on the basis of what is seen and heard is admissible?”

Our answer is as follows: — It has been said that the witness shall be warned by the person who he is going to file his suit, saying — ‘you shall be my witness’; so that people might think that if a person has not been so warned, he shall be inadmissible; it is in view of this that the present declaration has been made. The meaning is that if a person happens to be close by when a certain transaction is being gone through and is cognisant of the facts, he is admissible as a witness, even though ho may not have been warned by the parties, saying ‘you will please bear in mind this transaction between us.’

The term ‘directly’ has to be construed with ‘what, is seen’ as also with ‘what is heard’; so that if some one bears of a fact from one person, and from the former some one else hears it, then the person who has heard of it at second hand is not admissible as a witness; as it is only on hearsay, and not on the basis of any direct source of knowledge, that the man would know that ‘this man has committed such and such a crime,’ or that ‘he owes such and such a sum to that man.’

‘What is directly seen’ — means direct knowledge of the facts of the case, bearing upon loan-transactions, assaults and so forth; i.e., when these occurrences are actually wen with the eye; or ‘directly heard’ in the case of verbal assaults, — such as ‘I shall take away your wife,’ and so forth, — and such admissions by the debtor as that ‘I have borrowed such and such a sum from that man,’ and so forth.

Though the root ‘dṛśi,’ ‘to see,’ denotes all forms of apprehension (and as such includes auditory perception also), yet ‘what is heard’ has been mentioned separately for the purpose of filling up the metro. All that is meant is that ‘a person who has a right knowledge of the facts is admissible as a witness’; and the phrase ‘what is seen’ is meant to stand for all valid kinds of knowledge; so that what is known by inference is also regarded as ‘known’; similarly also all trustworthy Revelation, which is an authoritative means of knowledge in regard to imperceptible things also.

The second half of the verse is merely re-iterative, the telling of truth having been already enjoined before, and the fact of the liar losing both spiritual merit and worldly prosperity being already known from other sources of know ledge. — (74)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāratattva (p. 26); — in Kṛtyakalpataru (27a), which says that ‘samakṣadarśana’ and ‘śravaṇa’ stand for all forms of valid knowledge, hence the meaning is that that man is a witness who possesses a right knowledge of the subject-matter of the enquiry; — and in Vīramitrodaya (Vyavahāra, 44b).

 

Comparative notes by various authors:

Bodhāyana (1.19.7). — ‘In order to gain the good opinion of men, a witness shall give evidence in accordance with what he has seen or heard.’

Viṣṇu (8.13-14). — ‘The evidence of witnesses is of two kinds — what was seen and what was heard. Witnesses are free from blame if they give true evidence.’

Nārada (1.148). — ‘He should he considered as a witness who has witnessed a deed with his own ears or eyes; with his ears, if he has heard another man speaking; with his eyes, if he has seen something himself.’

Bṛhaspati (7.8-13). — ‘That witness is denominated a messenger who is a respectable man, esteemed and appointed by both parties, and has come near them to listen to the speeches of the plaintiff and the defendant. He is a spontaneous witness who declares that he has witnessed the transaction, after having approached the court of his own accord, while a cause is being heard. That witness who communicates to another man what he has heard, at a time when he is about to go abroad, or is lying on his death-bed, should he considered as an indirect witness. He also is called an indirect witness who repeats, from his own hearing or from hearsay, the previous statements of actual witnesses. He is called a secret witness to whom an affair has been entrusted or communicated by both parties, or who happens to witness the transaction. The King himself, having heard the statements of both the Plaintiff and the Defendant, may act as a witness.’

 

 

VERSE 8.75

Section XII (A) - Evidence

 

साक्षी दृष्टश्रुतादन्यद् विब्रुवन्नार्यसंसदि ।
अवाङ्नरकमभ्येति प्रेत्य स्वर्गाच्च हीयते ॥७५॥

sākṣī dṛṣṭaśrutādanyad vibruvannāryasaṃsadi |
avāṅnarakamabhyeti pretya svargācca hīyate ||75||

 

A witness asserting, in an assembly of noble men, anything apart from what he has seen and heard, falls downwards into hell after death and becomes shut out from heaven. — (75)

 

Medhātithi’s commentary (manubhāṣya):

The present verse describes the results accruing to the witness who deposes falsely.

The term ‘seen and heard’ is synonymous with ‘apprehended,’ as has been already explained; ‘apart from this’ is what is not apprehended, or known to him; — if he asserts any such thing, ‘in an assembly of noble men,’ — in the court consisting of honourable persons, — he ‘falls downwards’ — headlong — ‘into hell’ — to a place where he undergoes punishments at the hands of the god Yama; — ‘after death’ — ‘and becomes shut out from heaven,’ — i.e., falls down. That is, even though he may have committed deeds entitling him to go to heaven, yet he becomes shut out from it, by virtue of the more serious nature of the sin of perjury. It is not that the ‘Karma’ calculated to carry him to heaven is destroyed by this sin; since every act is conducive to the fulfilment of its own reward (and does not interfere with that of others), with the sole exception of the Expiatory Rites (which have no results of their own, and only tend to nullify those of the corresponding sinful acts). — (75)

 

Explanatory notes by Ganganath Jha:

‘Saṃsadi’ — ‘In the Court’ (Medhātithi); — ‘in an assembly of Brāhmaṇas’ (Govindarāja).

‘Svargāt hīyate’ — ‘Falls off from heaven which he may have earned by meritorious acts’ (Medhātithi, Govindarāja, Kullūka and Nandana); — ‘even after passing through hell, he cannot get into heaven’ (Nārāyaṇa).

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 200); — and in Kṛtyakalpataru (38a).

 

Comparative notes by various authors:

Gautama (13.7). — ‘Heaven is the reward of witnesses, if they speak the truth; in the contrary case, hell.’

Baudhāyana (1.19.14-15). — ‘If the witness rightly recollects the facts of the case, he will receive commendation from the most eminent men; — in the contrary case, he will fall into hell.’

Āpastamba (2.29.9-10) — ‘If he tells an untruth, hell will he his punishment after death; — if he speaks the truth, his reward will be heaven and the approbation of all beings.’

Viṣṇu (8.14). — ‘Witnesses are free from blame, if they give true evidence.’

 

 

VERSE 8.76

Section XII (A) - Evidence

 

यत्रानिबद्धोऽपीक्षेत शृणुयाद् वाऽपि किं चन ।
पृष्टस्तत्रापि तद् ब्रूयाद् यथादृष्टं यथाश्रुतम् ॥७६॥

yatrānibaddho'pīkṣeta śṛṇuyād vā'pi kiṃ cana |
pṛṣṭastatrāpi tad brūyād yathādṛṣṭaṃ yathāśrutam ||76||

 

Even though not put down as a witness, if a person happens to see or hear anything in regard to a case, — when he comes to be questioned about it, he should speak out exactly as he has seen or heard it. — (76)

 

Medhātithi’s commentary (manubhāṣya):

“Under verso 74 it has been already declared that even though a man may not have been originally appointed as a witness, his evidence, as bearing upon what is directly known to him, is admissible; what then is the use of saying again that ‘even though not put down, etc., etc.’? What additional information is provided by this verse?

People might be led to think that — ‘when a man has been put down as a witness on the original document, his evidence is admissible as a matter of course, — but not so that of one who has not been so put down, — for if both were admissible, then there would be no point in entering any witnesses upon the document.’ It is with a view to set aside this idea that the author has added the present verse. The former verse refers to cases where no witnesses have been put down, while this refers to a case where the document is duly attested by witnesses.

‘Not put down’ — not entered in the document.

‘Seeing’ and ‘hearing’ have been already explained.

The rest is clear. — (76)

 

Explanatory notes by Ganganath Jha:

‘Anibaddhaḥ’ — ‘Not entered as a witness in the document’ (Medhātithi),‘ — but accidentally present at the transaction’ (Kullūka, Nārāyaṇa and Nandana).

This verse is quoted in Vyavahāratattva (p. 26); — in Kṛtyakalpataru (28a); — and in Vīramitrodaya (Vyavahāra, 46a), which explains ‘anibaddhaḥ’ as ‘not cited or entered.’

 

Comparative notes by various authors:

Viṣṇu (8.12). — ‘An appointed witness having died or gone abroad, those who have heard the tacts from him may give evidence.’

Śukranīti (4.5.392). — ‘A person present in court must depose truly as to what he has seen or heard, when asked, even though he may not have been cited as a witness.’

Nārada (1.161). — ‘He who, without having been appointed to ho a witness, comes of his own accord to make a deposition, is termed a spy in the law-books; he is unworthy to bear testimony.’

Do. (1.166). — ‘If a witness dies or goes abroad after having been appointed, those who may have heard his statement may give evidence; for indirect proof makes evidence.’

 

 

VERSE 8.77

Section XII (A) - Evidence

 

एकोऽलुब्धस्तु साक्षी स्याद् बह्व्यः शुच्योऽपि न स्त्रियः ।
स्त्रीबुद्धेरस्थिरत्वात् तु दोषैश्चान्येऽपि ये वृताः ॥७७॥

eko'lubdhastu sākṣī syād bahvyaḥ śucyo'pi na striyaḥ |
strībuddherasthiratvāt tu doṣaiścānye'pi ye vṛtāḥ ||77||

 

A single man, free from covetousness, may be a witness, but not many women, even though pure, — because the understanding of women is not steady, — nor other men who are tainted with defects. — (77)

 

Medhātithi’s commentary (manubhāṣya):

The evidence of a single person having been declared to be inadmissible, the present verse lavs down an exception in favour of one who is free from covetousness. So that if a man is known to be truthful, he is certainly admissible as witness. But women are never admissible, — be they one or many, — ‘even though pure’ — possessed of high qualifications; and the reason for this is that ‘the understanding of women is not steady’; fickle-mindedness is the very nature of women; while other qualifications are acquired, and as such liable to lapses through carelessness, idleness and so forth; so that their inherent fickleness remains as a constant factor. Just as in the case of a dyspeptic, — even though a certain amount of appetite may have been regained by the use of butter and other things, yet even the least neglect on their part, brings on the inherent Dyspepsia again. Consequently, on account of this uncertainty, there can be no confidence in women, even though they be highly qualified.

As for the declaration (in 70) that ‘in the event of no witnesses being available, women may be made witnesses,’ — that refers to cases where they can be immediately questioned, and there is no possibility of their mind being tampered with by any person. When however there has been an interval of time, it is quite possible that they may be won over by the party whoso case is weak and who is in fear of losing it. So that in such cases their evidence is not admissible at all.

‘Other men tainted with defects; — even persons other than women, — and men, — who are ‘tainted’ — beset — with such defects as love, hatred and so forth; i.e., men in whom those defects abound to a every large extent.

Though Love, Hatred and the rest, as being forbidden by the scriptures, have, already been declared by name to be sources of suspicion and dishonesty, — yet they are referred to here again, for the purpose of including those that have not been so mentioned by name, and all writers sanction the mentioning of the general and special aspects of the same tiling.

Some people have adopted the ‘a’ before ‘lubdha’ and construed the verse to mean that ‘even though free from covetousness, a single man cannot be a witness, — how much less then one who is covetous,’ — and hence as permitting the evidence of two men.

Though the form ‘śucyaḥ’ is impossible, in view of Pāṇini 4.1.44, yet some people justify it as being in accordance with the Vārtika on 4.1.45 — (77)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 213), which adds the following notes: — ‘Eko’ lubdhastu sākṣī’ is the reading adopted by Kullūka Bhaṭṭa; the other reading — ‘eko lubdhastvasākṣī’ — adopted by Jīmūtavāhana, is not right; because as a matter of fact, even several avaricious men would be asākṣī, and hence there would be no point in the term ‘ekaḥ.’ But admitting this reading, the verse could be taken as not admitting the evidence of one ‘avaricious man’, and thereby admitting that of one man who is free from avarice, even though he be ignorant of law. It is for this reason that Viśvarūpa and others have explained the meaning to be that when accepted by both parties, even a single man may be admitted as witness, and they have not laid stress upon the condition that he should be ‘conversant with law; — ‘Dośaiḥ’ stands for theft and so forth.

This verse is quoted in Kṛtyakalpataru (32a).

 

Comparative notes by various authors:

[Vide Texts under 64 et seq.]

Yājñavalkya (2.72). — ‘Even a single man may ho admitted as a witness, by the consent of both parties, if he is versed in Dharma.’

Nārada (1.188). — ‘Slaves, impostors and others described as inadmissible as witnesses shall he witnesses in suits of a specially grave character.’

Nārada (1.192). — ‘By the consent of both parties, a single man may become a witness in a suit. He must be examined in public as a witness, — though he has been mentioned (in the Texts) as an incompetent witness.’

Do. (1.190-191). — ‘A woman cannot he a witness; a woman would speak falsely from want of veracity.’

 

 

VERSE 8.78

Section XII (A) - Evidence

 

स्वभावेनैव यद् ब्रूयुस्तद् ग्राह्यं व्यावहारिकम् ।
अतो यदन्यद् विब्रूयुर्धर्मार्थं तदपार्थकम् ॥७८॥

svabhāvenaiva yad brūyustad grāhyaṃ vyāvahārikam |
ato yadanyad vibrūyurdharmārthaṃ tadapārthakam ||78||

 

What the witnesses state naturally, in relation to the case, should be accepted; apart from this what they state from considerations of righteousness, is useless. — (78)

 

Medhātithi’s commentary (manubhāṣya):

What the witnesses state naturally in regard to the case should he accepted; on the other hand, what they state, not quite naturally, but ‘from considerations of righteousness’ ‘is useless’, — i.e., should not he accepted. The describing of things exactly as they were seen is what is meant by ‘natural statement what is otherwise than this, — i.e., what is stated with the motive that what is said may not cause suffering to the poor party concerned, — ‘is useless’; e.g., when one party complains — ‘I have been insulted by this person’ — and the other denies it, the witness may say — ‘yes, ho was insulted, but in joke, not through malice’; and in this case, the statement ‘the man has been insulted’ should he accepted; while the qualifying statement ‘in joke,’ — which had not been put forth by the defendant — and was made by the witness unasked (gratuitously) — need not he accepted.

‘In relation to the case’ — pertaining to the suit.

‘Useless’ — futile.

Others explain the verse as follows: — It may so happen that through shyness, a witness deposes in a halting manner, — but that alone need not be made a ground for rejecting his statement; what is to be done is that the nature of the witness should he examined by reasoning, and then it should be determined that ‘this person speaks haltingly through shyness, what he says, however, is quite true?

But the real meaning is as explained above; so much attention need not be paid to this other explanation. — (78)

 

Explanatory notes by Ganganath Jha:

‘Svabhāvena’ — ‘Quite naturally’ — ‘not out of compassion’ (Medhātithi, who says nothing regarding ‘depending on women’ as Buhler wrongly puts it), — ‘not out of fear and the like’ (Kullūka); — ‘the reliability or otherwise of the witness is to be ascertained after due consideration of his Svabhāva, character, and not from the manner of bis giving evidence’ (‘others’ in Medhātithi), — ‘without hesitation, quickly’ (Nārāyaṇa); — ‘in accordance with truth’ (Govindarāja and Nandana).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 80); — and in Vyavahāra-Bālambhaṭṭī (p. 282).

 

Comparative notes by various authors:

Śukranīti (4.5.396). — ‘One should accept the evidence of witnesses given spontaneously, not through force; after the evidence has been once given by the witness, he shall not be repeatedly cross-examined.’

 

 

VERSE 8.79 [Exhortation and Examination of Witnesses]

Section XII - Exhortation and Examination of Witnesses

 

सभान्तः साक्षिणः प्राप्तानर्थिप्रत्यर्थिसंनिधौ ।
प्राड् विवाकोऽनुयुञ्जीत विधिनाऽनेन सान्त्वयन् ?? ॥७९॥

sabhāntaḥ sākṣiṇaḥ prāptānarthipratyarthisaṃnidhau |
prāḍ vivāko'nuyuñjīta vidhinā'nena sāntvayan ?? ||79||

 

The investigating Judge shall question the witnesses assembled in the court, in the presence of the plaintiff and the defendant, gently exhorting them in the following manner. — (79)

 

Medhātithi’s commentary (manubhāṣya):

‘In the court’ — inside the court room; the compounding being in accordance with Pāṇini 2. 1.40; — those who have presented themselves at the place of the trial; should he questioned ‘in the presence of the plaintiff and the defendant’ — both; — they being ‘gently exhorted’ in the manner described below, — not addressed harshly; because if addressed harshly, they would become frightened of the judge, and thereby losing the normal condition of their mind, they would he unable to recall all the details of the case; because fright always deprives people of their memory.

‘Prāḍvivāka’ Investigating ‘Judge’ is the name given to the officer appointed by the king to try cases. Though the name, in its literal significance of ‘questioning and judging’ applies to the king also, yet we find the two names used separately, in such texts as — ‘If the Minister or the Judge (Prāḍvivāka) should pervert the details of a suit, the king himself shall look into it, etc.’ (Manu. 9.234.)

In the term ‘prāḍvivāka,’ ‘prāṭ’ means one who questions, ‘pṛchati;’ it being derived from the root ‘prach’ to ‘question’ with the nominative affix ‘kvip’; the elongation of the vowel and the change into ‘ṭ’ being analogous to the case of the roots ‘vaci,’ ‘śri,’ ‘dru’ ‘śru,’ ‘pru.’ ‘Prāṭ’ is the qualifying epithet to ‘vivāka,’ which means ‘one who judges or investigates knotty legal cases’; — the nominative affix ‘ghañ’ being added in accordance with Pāṇini 3. 3. 113, and the change of ‘ca’ into ‘ka’ being in accordance with ‘Pāṇini’ 7.3.52. the term prāḍvivāka thus means the questioning or Investigating Judge. — (79)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 75) in Vyavahāramayūkha (p. 18); — in

Smṛticandrikā (Vyavahāra, p. 198); — and in Kṛtyakalpataru (33b), which explains ‘sabhāntaḥ’ as ‘in court’, and ‘anuyuñjīta’ as ‘should question.’

 

Comparative notes by various authors:

(verses 8.79-86)

Śukranīti (4.5.398-414). — ‘The witness should be interrogated, after being well-governed by oaths, teachings of Purāṇas, narration of great merits of virtue and the great sins of falsehood: — “Where, when, how, whence and what have you seen or heard, — whether written by the man himself or caused to be written by somebody, — speak truly all that you know.” The witness who gives true evidence attains happy life hereafter and unrivalled fame in this world — this is the remark of Brahmā, etc.’ (the rest as in Manu 83-85).

Nārada (1.198 and 200). — ‘After having summoned all the witnesses and hound them down firmly by an oath, the Judge shall examine them separately. They should be men of tried integrity and conversant with the circumstances of the case. By sacred texts extolling the excellence of truth and denouncing the sinfulness of falsehood, let him inspire them with deep awe, as follows — (Verses 201 to 228 — 201, 208, 209 being the same as Manu 93, 98, 99 respectively)’. — [All this is to be addressed to all witnesses; Manu reserves 89 to 101 for Śūdra witnesses only.]

Gautama (13.5). — ‘Witnesses shall not speak singly, or without being asked.’

Āpastamba (2.29.7). — ‘A person who is possessed of good qualities may be called as witness and shall answer the questions put to him, according to the truth...... after having been exhorted to be fair to both sides.’

Viṣṇu (8.24 et seq.). — ‘Let him exhort the witnesses with the following speeches — “Whatever places of torture await the killer of a Brāhmaṇa and other great criminals... those places of abode are ordained for a witness who gives false evidence; and the fruit of every virtuous act he has done, from the day of his birth to his dying day, shall he lost to him. Truth makes the sun spread his rays; Truth makes the moon shine; Truth makes the wind blow; Truth makes the earth bear all things; Truth makes waters flow; Truth makes the fire burn. The atmosphere exists through truth; so do the gods; and so do the offerings. If veracity and a thousand horse-sacrifices are weighed against each other, truth ranks even higher than a thousand horse-sacrifices. Those who, acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same severe punishment as, false witnesses.” After having addressed him thus, let the King examine the witnesses in the order of their castes.’

Yājñavalkya (2.73-75). — ‘He shall address the following words to the witnesses standing near the plaintiff and defendant — “He who hears false witness goes to those regions which are reserved for people committing heinous offences, and other crimes, for incendiaries, for murderers of women and children. Whatever virtuous act you may have done during a hundred lives, understand that all that will go to the party whom, by your false evidence, you make lose the suit.”’

Baudhāyana (1.19.9 et seq.). — ‘The wise man should address an appointed witness in the following manner: — “Whatever merit thou hast acquired, etc., etc.”’

Vaśiṣṭha (16.32-34). — ‘Depose, O witness, according to the truth; expecting thy answers, thy ancestors hang in suspense, as to whether they shall rise or fall, etc., etc.’

 

 

VERSE 8.80

Section XII - Exhortation and Examination of Witnesses

 

यद् द्वयोरनयोर्वेत्थ कार्येऽस्मिंश्चेष्टितं मिथः ।
तद् ब्रूत सर्वं सत्येन युष्माकं ह्यत्र साक्षिता ॥८०॥

yad dvayoranayorvettha kārye'smiṃśceṣṭitaṃ mithaḥ |
tad brūta sarvaṃ satyena yuṣmākaṃ hyatra sākṣitā ||80||

 

‘What you know of the mutual transaction between these two persons regarding this suit, — all that may you declare freely; since you are witnesses in this matter.’ — (80)

 

Medhātithi’s commentary (manubhāṣya):

‘What you know in regard to the matter of this suit, any transaction, secret or open, that may have been carried on between these two persons, — all that declare freely; since you are witnesses in this suit.

‘You are the sole authority in this matter; truth and untruth are in your hands’ — thus addressed the persons cited as witnesses become encouraged.

‘In this matter.’ — Though the text mentions this formula in its most general form, yet, in as much as it is not possible for any person to be a witness regarding all things, it follows that the subject-matter of the suit should be stated here. Because until they are informed of the details they cannot understand the question. — (80)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 75); — in Vyavahāramayūkha (p. 18); — and in Kṛtyakalpataru (33b).

 

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

 

 

VERSE 8.81

Section XII - Exhortation and Examination of Witnesses

 

सत्यं साक्ष्ये ब्रुवन् साक्षी लोकान् आप्नोत्यपुष्कलान् ।
इह चानुत्तमां कीर्तिं वागेषा ब्रह्मपूजिता ॥८१॥

satyaṃ sākṣye bruvan sākṣī lokān āpnotyapuṣkalān |
iha cānuttamāṃ kīrtiṃ vāgeṣā brahmapūjitā ||81||

 

‘The witness, telling the truth in his evidence, attains irreproachable regions, also unsurpassable fame; such speech is honoured by Brahmā himself. — (81)’

 

Medhātithi’s commentary (manubhāṣya):

From this verse onward the text lays down the manner in which the witnesses are to be exhorted.

By telling the truth, the witness attains ‘irreproachable regions,’ in the shape of Heaven and the rest, which are the source of desirable results.

Or, the term ‘l oka’ may be taken in the sense of ‘caste’; the sense in that case would he that ‘he is born in a happy future life.’

In the present life also, he obtains ‘unsurpassable fame’ — renown, superior to which there is none; i.e., people bestow praise upon him.

Such — truthful — speech is honoured by Brahmā, Prajāpati, himself. — (81)

 

Explanatory notes by Ganganath Jha:

Hopkins is again wrong in saying that “this verse is omitted by Nandana.”

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 75); — in Kṛtyakalpataru (33b); — and in Vīramitrodaya (Vyavahāra, p. 53b).

 

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

 

 

VERSE 8.82

Section XII - Exhortation and Examination of Witnesses

 

साक्ष्येऽनृतं वदन् पाशैर्बध्यते वारुणैर्भृशम् ।
विवशः शतमाजातीस्तस्मात् साक्ष्यं वदेद् ऋतम् ॥८२॥

sākṣye'nṛtaṃ vadan pāśairbadhyate vāruṇairbhṛśam |
vivaśaḥ śatamājātīstasmāt sākṣyaṃ vaded ṛtam ||82||

 

‘Stating the untruth in his evidence, he becomes firmly bound in Varuṇa’s fetters, helpless during a hundred births. One should, therefore, give true evidence.’ — (82)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse encourages the witnesses by putting before them the spiritual and temporal results following from the telling of truth; the present verso describes how results accrue from saying what is contrary to truth; and the purpose of this also is to induce the witness to tell the truth.

‘Sākṣya,’ ‘evidence,’ is the work of the witness; in that work, stating what is not true, the man becomes ‘bound’ — tormented — ‘in Varuṇa’s fetters,’ — ‘firmly’ — to a very great extent; — ‘helpless’ — rendered totally dependent on others, even in regard to the operations of speech and the eyes, — ‘during a hundred births.’

‘Varuṇa’s fetters’ are in the shape of terrible snakes or in the form of the disease of dropsy.

In order to guard against such calamities, the witness should state the truth; — such is the sense of the injunction implied by the text.

In the term ‘ājātīḥ,’ the initial ā is not the indeclinable ‘āṅ’ which denotes limit; for, if it were that or we would have the Ablative ending. Hence it is to be taken as a preposition meaning nothing; just like the preposition ‘pra’ in such words as ‘pralambate’ and the like. The case-ending also is the Accusative. What the term signifies is repetition; the meaning being that the man sutlers from dropsy repeatedly during one hundred births. — (82)

 

Explanatory notes by Ganganath Jha:

“Dropsy is a disease specially attributed to Varuṇa (see Ṛgveda 7.89.1, and the story of Śunaḥśepha, Aitareya Brāhmaṇa 7.15). The fetters of Varuṇa are mentioned as the punishment of liars in the Atharva Veda, 4.16.6.” — Buhler.

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 199); — in Kṛtyakalpataru (33b), which explains ‘śatam-ājātīḥ’ as ‘during a hundred lives’; — and in Vīramitrodaya (Vyavahāra, 53b).

 

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

 

 

VERSE 8.83

Section XII - Exhortation and Examination of Witnesses

 

सत्येन पूयते साक्षी धर्मः सत्येन वर्धते ।
तस्मात् सत्यं हि वक्तव्यं सर्ववर्णेषु साक्षिभिः ॥८३॥

satyena pūyate sākṣī dharmaḥ satyena vardhate |
tasmāt satyaṃ hi vaktavyaṃ sarvavarṇeṣu sākṣibhiḥ ||83||

 

‘By truth is the witness purified, by truth does merit grow: hence the truth should be spoken by witnesses of all castes.’ — (83)

 

Medhātithi’s commentary (manubhāṣya):

‘Purified’ — becomes pure; i.e., purged of other sins also. The rest is clear.

 

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

 

 

VERSE 8.84

Section XII - Exhortation and Examination of Witnesses

 

आत्मैव ह्यात्मनः साक्षी गतिरात्मा तथाऽत्मनः ।
माऽवमंस्थाः स्वमात्मानं नृणां साक्षिणमुत्तमम् ॥८४॥

ātmaiva hyātmanaḥ sākṣī gatirātmā tathā'tmanaḥ |
mā'vamaṃsthāḥ svamātmānaṃ nṛṇāṃ sākṣiṇamuttamam ||84||

 

‘The soul itself is the soul’s witness, and the soul itself is the soul’s refuge; disregard not your soul, the best witness of man.’ — (84)

 

Medhātithi’s commentary (manubhāṣya):

This same idea is made clear in the next verse.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 199); — in Kṛtyakalpataru (33b), — and in Vīramitrodaya (Vyavahāra, 53b).

 

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

 

 

VERSE 8.85

Section XII - Exhortation and Examination of Witnesses

 

मन्यन्ते वै पापकृतो न कश्चित् पश्यतीति नः ।
तांस्तु देवाः प्रपश्यन्ति स्वस्यैवान्तरपूरुषः ॥८५॥

manyante vai pāpakṛto na kaścit paśyatīti naḥ |
tāṃstu devāḥ prapaśyanti svasyaivāntarapūruṣaḥ ||85||

 

‘The sinners indeed think that “no one sees us”; but the gods see them, as also their own inner personality.’ — (85)

 

Medhātithi’s commentary (manubhāṣya):

The particle ‘na’ is misplaced.

‘Sinners’ — perjurors and others — ‘think’ — feel — that ‘no one sees us’; — the particle ‘iti’ shows that the whole clause is the object (of the verb ‘think’); — the construction of the clause being ‘na naḥ kaścit paśyati.’

‘The gods’ — named in the next verse — ‘see them’; as also their own sinner soul. This is what is meant by the assertion that ‘the soul is the soul’s witness.’

“But who is it that commits the sin? And who apart from him is the one that sees? In fact it is the soul itself that does all that is good or evil, and certainly there is no other ‘inner personality’ that sees it.”

True; but the same soul has been represented as a ‘god,’ and as such spoken of as the doer of the act (of seeing); and this has been done for the purpose of preventing the man from telling a lie, the sense of the exhortation thus is —

‘You know that the real nature of your true personality is divine, which is within the body, while your exterior body is not your soul; — hence, for the nourishing of this latter, do not commit a single act; — hence too do not disregard or despise your soul, the best witness of man. Other witnesses give evidence only in this world, while the soul hears evidence even after death; hence one should be afraid of such a witness.’

The liar may be led to think — ‘when I am born again with another soul, what will my present soul, which is the seer, be able to do to me?’ But this is not so; since ‘the soul is the soul’s refuge’ (verse 84). Apart from his soul, there is no refuge for man; and there are not two souls for a single man.

Others hold that the difference is that the soul spoken of as the ‘witness’ is the supreme one, while the souls born in the persons of the world are those that are under his sway. — (85)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 199); — in Kṛtyakalpataru (33b), — and in Vīramitrodaya (Vyavahāra, p. 53b).

 

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

 

 

VERSE 8.86

Section XII - Exhortation and Examination of Witnesses

 

द्यौर्भूमिरापो हृदयं चन्द्रार्काग्नियमानिलाः ।
रात्रिः सन्ध्ये च धर्मश्च वृत्तज्ञाः सर्वदेहिनाम् ॥८६॥

dyaurbhūmirāpo hṛdayaṃ candrārkāgniyamānilāḥ |
rātriḥ sandhye ca dharmaśca vṛttajñāḥ sarvadehinām ||86||

 

‘Heaven, earth, water, heart, moon, sun, fire, death-god, wind, night, the two twilights, and morality know the conduct of all corporeal beings.’ — (86)

 

Medhātithi’s commentary (manubhāṣya):

The question ending as to who are the gods that see the sin committed secretly and in private, the text puts forward present verse.

The term ‘heart’ stands for the subtle spirit located in the heart. The Heaven and the rest are spoken of as ‘seers’ figuratively; — though they are insentient, they are represented as sentient. According to other philosophical systems, all the great elemental substances are portions of gods, and as such actually sentient; e.g., it is described that the earth went to Brahmā, in order to seek for help in relieving her of the burden of sinners.

The gods being all-pervading, there is nothing unknown to them; hence they know the conduct and character, as also the good and bad points in the body of the soul. — (86)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 200); — in Kṛtyakalpataru (33b), — and in Vīramitrodaya (Vyavahāra, p. 53b).

 

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

 

 

VERSE 8.87

Section XII - Exhortation and Examination of Witnesses

 

देवब्राह्मणसांनिध्ये साक्ष्यं पृच्छेद् ऋतं द्विजान् ।
उदङ्मुखान् प्राङ्मुखान् वा पूर्वाह्णे वै शुचिः शुचीन् ॥८७॥

devabrāhmaṇasāṃnidhye sākṣyaṃ pṛcched ṛtaṃ dvijān |
udaṅmukhān prāṅmukhān vā pūrvāhṇe vai śuciḥ śucīn ||87||

 

In the presence of gods and Brāhmaṇas, during forenoon, the judge, pure himself, shall ask the twice-born persons, who have been purified and are facing either the north or the east, to give evidence. — (87)

 

Medhātithi’s commentary (manubhāṣya):

‘Gods’ — Durgā, Sūrya and the rest, set up in the form of images.

‘Purified,’ — i.e., who have performed the rites of bathing, mouth-rinsing and so forth.

‘Pure,’ — the judge himself should have purified himself in the same way.

‘Truth,’ — this is a mere re-iteration of what is already implied; and it servos the purpose of filling up the metre. — (87)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 673); — in Parāśaramādhava (Vyavahāra, p. 78); — in Vyvahāramayūkha (p. 18); — in Vyavahāratattva (p. 32); — in Smṛticandrikā (Vyavahāra, p. 203); — and in Kṛtyakalpataru (33b).

 

Comparative notes by various authors:

Āpastamba (2.29.7). — (See under 79.)

Viṣṇu (8.19). — ‘Let the Judge summon the witnesses at the time of sunrise, and examine them after having bound them by an oath.’

Nārada (1.198). — ‘After having summoned all the witnesses, and bound them down firmly by oath, the Judge shall examine them separately; they should be men of proved integrity and conversant with the circumstances of the case.’

Bṛhaspati (7.22, 23). — ‘Knowing all this, the witness should give evidence according to truth. After putting off his shoes and his turban, he should stretch out his right hand, and declare the truth, taking in his hands, gold, cowdung or blades of kuśa grass.’

 

 

VERSE 8.88

Section XII - Exhortation and Examination of Witnesses

 

ब्रूहीति ब्राह्मणं पृच्छेत् सत्यं ब्रूहीति पार्थिवम् ।
गोबीजकाञ्चनैर्वैश्यं शूद्रं सर्वैस्तु पातकैः ॥८८॥

brūhīti brāhmaṇaṃ pṛcchet satyaṃ brūhīti pārthivam |
gobījakāñcanairvaiśyaṃ śūdraṃ sarvaistu pātakaiḥ ||88||

 

He shall question the Brāhmaṇa with the word ‘speak,’ the Kṣatriya with ‘speak out the truth,’ the Vaiśya by sins pertaining to kine, grain and food, and the Śūdra by all the sins. — (88)

 

Medhātithi’s commentary (manubhāṣya):

“On what basis do we have the instrumental ending in gobījakāñcanaiḥ? If it be said to be due to these being instruments in the act of questioning, that cannot be; as it is the word (and not the kine, etc.) that are the instruments, a means of questioning.”

There is no force in this objection. We have to construe the words in such a manner as to make the ‘kine,’ etc., instruments of the questioning. The word ‘pātakaiḥ,’ ‘sins’ has got to be construed both ways, so that we have the phrase ‘gobījakāñcunaiḥ pātakaiḥ,’ which gives the meaning that ‘he should ask them by mentioning sins pertaining to the kine, grains and gold,’ i.e., the form of the question to be employed should he — ‘if you tell a lie, you would he incurring the same sin that follows from stealing or killing the cow.’

Similarly, by mentioning the sins going to be enumerated (in the next verse), he should question the Śūdra. The term ‘sin’ here should he taken as standing for words expressing sins; because the sins themselves could not be the means or instrument of the questioning, as pointed out above. — (88)

 

Explanatory notes by Ganganath Jha:

‘Gobījakañcanaiḥ’ — ‘Threatening him with the guilt of all offences committed against kine and the rest’ (Medhātithi) ‘with the guilt of the theft of kine etc.’ (Govindarāja, Kullūka and Rāghavānanda); — ‘with the loss of his kine etc.’ (Nārāyaṇa); — ‘by making him touch the cow and other things’ (Nandana).

This verse is quoted in Aparārka (p. 674); — and in Parāśaramādhava (Vyavahāra, p. 78), where however the first half is read as “sasyena śāpayedvi??aṃ kṣanniyaṃ vāhanāyudhaiḥ”; — in Smṛtitattva (II, p. 215), which adds: — The Vaiśya is to be admonished with the words: — ‘those sins would accrue to you which are involved in stealing the cow etc. if you tell a lie and the Śūdra with the words — ‘all kinds of sins would fall on you etc. etc.’; — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (33b).

 

Comparative notes by various authors:

Viṣṇu (8.20-23). — ‘The Brāhmaṇa witness, the Judge shall exhort to declare, — the Kṣatriya, to declare the truth: — the Vaiśya he shall address thus: — ‘Thy kine and gold shall yield thee no fruit”; — the Śūdra he should address thus: — “Thou shalt have to atone for all heavy crimes.”’

Nārada (1.198). — ‘He shall cause the Brāhmaṇa to swear by truth, the Kṣatriya by his conveyances and weapons, the Vaiśya by his cows, grain or gold; and the Śūdra by all sorts of crimes.’

 

 

VERSE 8.89

Section XII - Exhortation and Examination of Witnesses

 

ब्रह्मघ्नो ये स्मृता लोका ये च स्त्रीबालघातिनः ।
मित्रद्रुहः कृतघ्नस्य ते ते स्युर्ब्रुवतो मृषा ॥८९॥

brahmaghno ye smṛtā lokā ye ca strībālaghātinaḥ |
mitradruhaḥ kṛtaghnasya te te syurbruvato mṛṣā ||89||

 

‘Whatever regions have been assigned to the slayer of the Brāhmaṇa, to the murderer of women and children, to the betrayer of friends and to the ingrate, — those same shall be thine if thou speakest falsely.’ — (89)

 

Medhātithi’s commentary (manubhāṣya):

‘Those regions, in the shape of hell and the rest, which are reached by those persons who have killed a Brāhmaṇa, shall he yours, if you tell the untruth; therefore you should tell the truth,’ — such is the exhortation.

‘The betrayer of friends’ — he who ruins the Brāhamaṇa and others by depriving them of their wife and property.

‘The ingrate’: ho who forgets the benefits conferred upon him, and causes injury to that same person who had conferred those on him; and the perjuror suffers the same pains that befall such a person. — (89)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 78); — in Smṛtitattva (II, p. 215); — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (35a).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.90

Section XII - Exhortation and Examination of Witnesses

 

जन्मप्रभृति यत् किं चित् पुण्यं भद्र त्वया कृतम् ।
तत् ते सर्वं शुनो गच्छेद् यदि ब्रूयास्त्वमन्यथा ॥९०॥

janmaprabhṛti yat kiṃ cit puṇyaṃ bhadra tvayā kṛtam |
tat te sarvaṃ śuno gacched yadi brūyāstvamanyathā ||90||

 

‘Whatever merit, good man, you may have acquired since your birth, would go to the dogs, if you speak falsely.’ — (90)

 

Medhātithi’s commentary (manubhāṣya):

‘Would go to the dogs’ — would be futile, so far as you are concerned. Others however explain that ‘going to the dogs’ is indicative of positive harm; the sense being — ‘the merit of the man becomes thrown away, in the same manner in which a man, having earned, with great difficulty, gold and other excellent treasures, were to throw it all into an unclean stream’: it has been pointed out more than once that the merit acquired by one person cannot go over to another. — (90)

 

Explanatory notes by Ganganath Jha:

Cf. 3.230 and 11.122.

This verse is quoted in Aparārka (p. 674); — in Parāśaramādhava (Vyavahāra, p. 78); — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (35a).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.91

Section XII - Exhortation and Examination of Witnesses

 

एकोऽहमस्मीत्यात्मानं यस्त्वं कल्याण मन्यसे ।
नित्यं स्थितस्ते हृद्येष पुण्यपापैक्षिता मुनिः ॥९१॥

eko'hamasmītyātmānaṃ yastvaṃ kalyāṇa manyase |
nityaṃ sthitaste hṛdyeṣa puṇyapāpaikṣitā muniḥ ||91||

 

‘You think yourself, blessed man, that “I am alone”; but there ever sits in your heart the silent watcher of virtue and vice.’ — (91)

 

Medhātithi’s commentary (manubhāṣya):

‘Watcher’ — seer — ‘of virtue and vice — ‘mauni’ — silent. — (91)

 

Explanatory notes by Ganganath Jha:

Cf. The Mahābhārata 1.74.28.

This verse is quoted in Aparārka (p. 674); — and in Smṛticandrikā (Vyavahāra, p. 204).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.92

Section XII - Exhortation and Examination of Witnesses

 

यमो वैवस्वतो देवो यस्तवैष हृदि स्थितः ।
तेन चेदविवादस्ते मा गङ्गां मा कुरून् गमः ॥९२॥

yamo vaivasvato devo yastavaiṣa hṛdi sthitaḥ |
tena cedavivādaste mā gaṅgāṃ mā kurūn gamaḥ ||92||

 

‘The, god Yama, the son of Vivasvat, who sits in your heart, — if you have no quarrel with him, you need not visit the Gaṅgā, nor the Kurus. — (92)

 

Medhātithi’s commentary (manubhāṣya):

With a view to strike terror in the heart of the man, it is next described who is the ‘silent watcher’ (mentioned in the preceding verse).

You have heard of the God, who is the destroyer of the body and property and other things belonging to all living beings, and who punishes them with torments; that God resides in your heart, and not away from you; in the event of committing a wrong, he will punish you immediately; — and do not think that being your own sold, ho will ignore your fault; because no one is his ‘own.’

‘If you have no quarrel with him’ — if he is satisfied with you and trusts you, then what would be the need for your going to bathe in the Gaṅgā for the cleansing of your sins? What too would be the need for going to Kurukṣetra? For the reward of going to these places consists in the destruction of sins and acquiring of merit; and all this is obtained by the man here and now, if he is at pence with the Supreme Self (within him). As a matter of fact, the soul of a sinner is never free from fear; the unbeliever also has doubts regarding what is going to happen to him at death.

The Gaṅgā is a river that purifies: and in ‘Kurukṣetra’ it is the land itself that purities. — (92)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 674); — and in Smṛticandrikā (Vyavahāra, p. 204), which explains ‘Kūrun’ as ‘Kurukṣetra.’

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.93

Section XII - Exhortation and Examination of Witnesses

 

नग्नो मुण्डः कपालेन च भिक्षार्थी क्षुत्पिपासितः ।
अन्धः शत्रुकुलं गच्छेद् यः साक्ष्यमनृतं वदेत् ॥९३॥

nagno muṇḍaḥ kapālena ca bhikṣārthī kṣutpipāsitaḥ |
andhaḥ śatrukulaṃ gacched yaḥ sākṣyamanṛtaṃ vadet ||93||

 

‘He who gives false evidence shall go for alms, with a potsherd, to the house of his enemy, — naked and shorn, tormented with hunger and thirst, and blind.’ — (93)

 

Medhātithi’s commentary (manubhāṣya):

‘Potsherd’ — a piece of the cup or some other earthenware pot. The rest is easily intelligible. — (93)

 

Explanatory notes by Ganganath Jha:

Hopkins remarks that ‘gṛham’ is the reading of Medhātithi (for ‘Kulam’). But there is nothing in the Bhāṣya to show this.

This verse is quoted in Aparārka (p. 674); — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (35a).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.94

Section XII - Exhortation and Examination of Witnesses

 

अवाक्षिरास्तमस्यन्धे किल्बिषी नरकं व्रजेत् ।
यः प्रश्नं वितथं ब्रूयात् पृष्टः सन् धर्मनिश्चये ॥९४॥

avākṣirāstamasyandhe kilbiṣī narakaṃ vrajet |
yaḥ praśnaṃ vitathaṃ brūyāt pṛṣṭaḥ san dharmaniścaye ||94||

 

‘Headlong, in blind darkness shall the sinner fall into hell, who, on being interrogated in the course of a judicial investigation, answers the question falsely. — (94)

 

Medhātithi’s commentary (manubhāṣya):

On being questioned regarding the subject-matter of the investigation, if one should state what is not true, — by that sin he falls into ‘hell’ — the place of punishment — with his feet held upwards and the head hanging below — into intense darkness. In ordinary darkness, people can see something, but in the darkness referred to, nothing can be seen; hence the epithet ‘blind.’ — (94)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (35a); — in Aparārka (p. 674); — and in Smṛticandrikā (Vyavahāra, p. 204).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.95

Section XII - Exhortation and Examination of Witnesses

 

अन्धो मत्स्यानिवाश्नाति स नरः कण्टकैः सह ।
यो भाषतेऽर्थवैकल्यमप्रत्यक्षं सभां गतः ॥९५॥

andho matsyānivāśnāti sa naraḥ kaṇṭakaiḥ saha |
yo bhāṣate'rthavaikalyamapratyakṣaṃ sabhāṃ gataḥ ||95||

 

‘He who, having entered the court, bears testimony to what is contrary to facts and what he has not seen, swallows fish along with the bones, — just like a blind man.’ — (95)

 

Medhātithi’s commentary (manubhāṣya):

The pleasure produced by the eating of the fish is not equal to the pain caused by the swallowing of the bones; similarly, there is a slight pleasure produced by the little money that is received (as bribe), but the subsequent suffering is very great; it is on this basis that the analogy of fish-eating has been cited. — (95)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 205), whiqḥ says that according to some

people, this and the preceding two verses are to be addressed to witnesses of the lower order only; hence in ordinary cases, after ‘kurūn gamaḥ’, the exhortation should begin with ‘yāvato bāndhavān &c.’ (verse 97); — these exhortations are to be addressed to Śūdras and to poverty-stricken twice-born persons also; — and in Kṛtyakalpataru (35b).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.96

Section XII - Exhortation and Examination of Witnesses

 

यस्य विद्वान् हि वदतः क्षेत्रज्ञो नाभिशङ्कते ।
तस्मान्न देवाः श्रेयांसं लोकेऽन्यं पुरुषं विदुः ॥९६॥

yasya vidvān hi vadataḥ kṣetrajño nābhiśaṅkate |
tasmānna devāḥ śreyāṃsaṃ loke'nyaṃ puruṣaṃ viduḥ ||96||

 

‘The gods do not regard any person in this world as superior to him, whom his knowing soul does not distrust, while he is speaking.’ — (96)

 

Medhātithi’s commentary (manubhāṣya):

‘While he is speaking’ — while the witness is giving evidence.

‘Knowing,’ — cognisant of what is true and what is not true.

‘Soul’ — the Inner Guide.

‘Does not distrust,’ — has no doubt as to whether the man will tell the truth or not; is sure that ho will tell the truth.

He whose innermost soul is so confident, — to such a person the gods regard no one as ‘superior’ — more praiseworthy.

“Who is the speaker, and who, apart from him, is the distruster? In fact, the soul is one only; when he, through his effort, utters speech, he becomes the speaker; and the same entity that comes to have ‘distrust,’ when he is faced by doubts regarding what and how tilings are going to happen; so that there cun be no difference between the two.”

This is quite true; but the statement in the text is based upon an assumed distinction; just like the statement ‘one injures his soul by his own soul’ (Bhagavad-gitā). — (90)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 674); — and in Kṛtyakalpataru (35b).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.97

Section XII - Exhortation and Examination of Witnesses

 

यावतो बान्धवान् यस्मिन् हन्ति साक्ष्येऽनृतं वदन् ।
तावतः सङ्ख्यया तस्मिन् शृणु सौम्यानुपूर्वशः ॥९७॥

yāvato bāndhavān yasmin hanti sākṣye'nṛtaṃ vadan |
tāvataḥ saṅkhyayā tasmin śṛṇu saumyānupūrvaśaḥ ||97||

 

‘Listen now, gentle friend, in due order, how many relatives, by number, one destroys by giving false evidence, in what cases.’ — (97)

 

Medhātithi’s commentary (manubhāṣya):

The present text introduces a section where it is pointed out that the degree of sin committed by the perjurer varies with the nature of the matter of the suit.

When this fact is asserted in the form of an address, it serves the purpose of indicating its importance, when something is said in secret, it is regarded as some slight matter, not of any importance; but what is said now is important, and hence should be listened to with attention, — such being the implication of the hortatory form adopted.

The term ‘gentle friend,’ in the singular form, is intended for Bhṛgu alone from among the several whom Manu is instructing.

‘Yaṣmin sākṣye’; — the two locatives are not in apposition; the meaning is — ‘the false evidence that is given in regard to a certain subject-matter’; — so that the locative denotes ‘matter,’ while the locative absolute means something quite different. Or the diversity in the evidence being in accordance with the diversity in the matter, the two locatives may be in apposition also.

The term ‘tāvat’ is generally used to denote extent; and as extent is of various kinds, the author specifies it as being ‘by number.’

‘In due order,’ — for the purpose of easier understanding; when a subject is stated in due order, it becomes easily understood. The ‘order’ meant here is with reference to the number; as it is number that is going to be described in the following verses. — (97)

 

Explanatory notes by Ganganath Jha:

‘Hanti’ — ‘Destroys — i.e., leads to hell’ (Medhātithi on 98, and Nārāyaṇa and Kullūka); — ‘makes to fall from heaven, or makes to be born among lower animals’ (Rāghavānanda); — ‘incurs the guilt of killing them’ (Kullūka, alternative).

‘Saumya’ — Addressed to Bhṛgu (Medhātithi), but later on under 99, he rejects the view and says that it must be taken as addressed to the witness giving evidence.

This verse is quoted in Aparārka (p. 674); — in Smṛticandrikā (Vyavahāra, p. 205); — and in Kṛtyakalpataru, (35b).

 

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

 

 

VERSE 8.98

Section XII - Exhortation and Examination of Witnesses

 

पञ्च पश्वनृते हन्ति दश हन्ति गवानृते ।
शतमश्वानृते हन्ति सहस्रं पुरुषानृते ॥९८॥

pañca paśvanṛte hanti daśa hanti gavānṛte |
śatamaśvānṛte hanti sahasraṃ puruṣānṛte ||98||

 

‘He destroys five by false evidence regarding animals; he destroys ten by false evidence regarding kine; he destroys a hundred by false evidence regarding horses, and a thousand by false evidence regarding men.’ — (98)

 

Medhātithi’s commentary (manubhāṣya):

The compound ‘paśvanṛtam’ is to be expounded as ‘paśunimittam-anṛtam,’ ‘false evidence regarding animals,’ — on the analogy of the compound ‘śākaparthivaḥ.’

False evidence destroys five relatives; — this ‘destroying’ consists in making them fall into hell; — the five relatives being — (1) the father, (2) the mother, (3) the wife and (4-5) a couple of children (son and daughter).

“How can the result of sin committed by one accrue to another?”

Our answer is that it is on account of association that one person goes to heaven or to hell, by virtue of the virtuous or vicious acts committed by another.

What is really meant is that the perjurer is abandoned by the said relatives; — or, that ho incurs the sin that would accrue from the killing of the relations; and hence even though not actually killing them, he is described as ‘destroying’ them, on the ground that the spiritual effect of the two acts is the same.

This however is a purely hortatory exaggeration; and it is not meant that the man actually commits the act; if this latter were meant, then the man would be subject to the expiatory rites prescribed in connection with the actual killing of the said relatives; while as a matter of fact, the perjurer is subjected to only those sites that have been prescribed in connection with the sin of perjury.

The gradual increase in the number (of relatives destroyed) is meant to indicate the increasingly heavier character of the expiation necessary; and the statements are not meant to be taken as literally true. Hence all that is meant is that each succeeding act of perjury (mentioned) makes the man liable to a heavier expiation than the preceding one.

On being questioned as to the person to whom a certain slave belongs, if the witness deposes falsely, — it is a case of ‘false evidence regarding men.’ — (98)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 674); — in Smṛtisaroddhāra (p. 336); — in Smṛticandrikā (Saṃskāra, p. 220), which says that ‘pañca’, ‘five’, qualifies ‘bandhavān’ ‘relations,’ who have been mentioned in the preceding verse; — in Smṛticandrikā (Vyavahāra, p. 205); — and in Kṛtyakalpataru (35b).

 

Comparative notes by various authors:

Baudhāyana (1.19.12-13). — ‘By false testimony regarding gold, he ruins three ancestors; by false testimony regarding small cattle, he ruins five; by false testimony regarding kine, he kills ten; he ruins a hundred by false evidence regarding horses, and a thousand by false evidence regarding man; a witness who speaks falsely about land ruins the whole world.’

Vaśiṣṭha (16.34). — ‘He kills five by false testimony regarding a maiden; ten by false testimony regarding kine, a hundred by false testimony regarding a horse, and a thousand by false testimony regarding a man.’

Gautama (13.14-15). — ‘By false evidence concerning small cattle, a witness kills ten; by that regarding cows, horses, men, or land, — in each succeeding case, ten times as many as in the one preceding; or, by false evidence regarding land, the whole human race.’

 

 

VERSE 8.99

Section XII - Exhortation and Examination of Witnesses

 

हन्ति जातानजातांश्च हिरण्यार्थेऽनृतं वदन् ।
सर्वं भूमिअनृते हन्ति मा स्म भूमिअनृतं वदीः ॥९९॥

hanti jātānajātāṃśca hiraṇyārthe'nṛtaṃ vadan |
sarvaṃ bhūmianṛte hanti mā sma bhūmianṛtaṃ vadīḥ ||99||

 

‘Deposing falsely in regard to gold, he kills the born as well as the unborn; by false evidence regarding land, he kills all; never tell a lie regarding land.’ — (99)

 

Medhātithi’s commentary (manubhāṣya):

Question — “How can association with the sinful person affect those not yet born, — that it is said that the man kills the born as well as the unborn?”

It has been already pointed out that all this is merely a hortatory exaggeration.

‘He kills all by deposing falsely in regard to land; never tell a lie regarding land’; — this direct form of address has been adopted for the purpose of indicating the gravity of the offence.

Question — “What is it that is called Land?”

Answer — It is what is known as globe, the earth with hilly protuberances, extending to the ocean.

Objection — “But who can be the owner of all this extensive earth? Who too can take it away by force? For there is no king over the whole earth. To this effect there is the earth’s song addressed to Viśvakarman Bhauvana, — the latter term being his name derived from his father’s — ‘no mortal can give me away’; — which means that there is no one who owns the entire earth, — ‘I shall sink into the midst of the water, having heard that he is desirous of haring intercourse with me,’ — this sinking within water implying the futility of the gift, — ‘vain is thy promise to give me away’ — ‘just as what Is thrown into the water becomes useless, so also is your promise to give the Earth to Kaśyapa useless.’ (Śatapatha Brāhmaṇa, 13. 7. 1. 15). The meaning of all this is that the earth is the common property of all men, to be equally enjoyed by all; and kings are appointed only for taking care of it. Thus then, cither the giving away or the taking away of the whole extent of this earth being impossible, how can there be any disputes regarding its possession?”

Answer — True; but, just as the entire earth is spoken of as ‘bhūmi,’ ‘land,’ so also are Holds, villages and platforms and over these latter, ownership is certainly possible; and the making over or the taking away also of such ownership is directly perceptible; the ‘taking away’ of this consists in asserting ownership in an improper manner; and the mere dismantling of a house or the cutting of a tree does not constitute the act of ‘taking away.’ Hence if a man walks over another man’s land, or takes clay out of it, ho is not said to ‘take away the land.’

“But the Mīmāṃsakas have declared that ‘It cannot be the land, because it is common to all’ (Jaimini, 6. 3. 3) [where the word ‘land’ stands for the whole earth].”

But the term is found to be used in the sense also of parts of the earth, by the revered Kṛṣṇadvaipāyana, who has declared as follows, in course of the description of the duty of charity — ‘On the earth the king should permit the duty of charity by others also; this is a sacred treasure laid down for kings’ [which refers to the gift of land]. As for the assertion of the Mīmāṃsakas regarding ‘land’ being ‘common to all,’ — this refers to the entire globe, to roam about over which all men are equally entitled, and which therefore, cannot he owned by any one; how then could it be given away? In accordance with this view, villages and towns can be given away at the Viśvajit sacrifice. Others however quote the words ‘they present as sacrificial fee, the bhūmi with the exception of the platform and the wife’s room,’ — and explain, that, since any such exception would not be applicable to the entire earth, the giving must refer to fields and such other parts of it only.

In view of the term ‘vadīḥ’ (singular) in this verse, the words ‘listen, gentle sir’ (of verse 97) should he taken as addressed to the witness, and not to the pupil.

All the words in the second person contained in verse 88 onwards (up to 92) are meant to be addressed to the śūdra witness, as is clear from the gravity of the offence indicated, and also from the similarity in the verbal forms used; — while from verse 93 onwards are to be addressed to all witnesses. That such a break in the construction is intended is shown by the adopting of a different verbal form; — the Second Person is used in the former set of verses while in the latter we have the Third Person, which clearly indicates dissociation from the previous context. — (99).

 

Explanatory notes by Ganganath Jha:

‘Sarvam hanti’ — ‘Destroys everything — i. e., incurs the guilt of killing all animate beings’ (Kullūka and Govindarāja); — ‘destroys even more than a thousand beings’ (Nārāyaṇa); — ‘destroys the entire universe’ (Nandana).

 

Comparative notes by various authors:

Baudhāyana (1.19.12). — (See under 98.)

Gautama (13.6). — ‘By false evidence regarding land, one destroys the whole human race.’

 

 

VERSE 8.100

Section XII - Exhortation and Examination of Witnesses

 

अप्सु भूमिवदित्याहुः स्त्रीणां भोगे च मैथुने ।
अब्जेषु चैव रत्नेषु सर्वेष्वश्ममयेषु च ॥१००॥

apsu bhūmivadityāhuḥ strīṇāṃ bhoge ca maithune |
abjeṣu caiva ratneṣu sarveṣvaśmamayeṣu ca ||100||

 

‘That concerning water they declare to be similar to that concerning land; as also that relating to the sexual enjoyment of women, and to gems, water-born as well as granitic.’ — (100)

 

Medhātithi’s commentary (manubhāṣya):

The sin accruing from false evidence relating to the water — much or little — contained in wells, tanks and other reservoirs — is similar to that in the ease of land.

‘Sexual enjoyment of women’; — i.e., in answer to the question — ‘by whom has this woman been ravished sexually.’

‘Water-born gems,’ — such as the pearl; — ‘granitic gems’ — the emerald and the like; — the term ‘gems’ being construed both ways. There are various kinds of gems, waterborn and granitic; hence all that was necessary was to mention the ‘gems’ only; and the mention of the qualifying epithet must he taken only as serving the purpose of filling up the metre.

‘Water-born’ — produced in water.

‘Granitic’ — formed from stones. — (100)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 205), — and in Kṛtyakalpataru.

 

Comparative notes by various authors:

Gautama (13.18-19). — ‘By false evidence regarding water, one incurs the same guilt as in that regarding land; likewise by false evidence regarding criminal intercourse.’

 

 

VERSE 8.101

Section XII - Exhortation and Examination of Witnesses

 

एतान् दोषानवेक्ष्य त्वं सर्वाननृतभाषणे ।
यथाश्रुतं यथादृष्टं सर्वमेवाञ्जसा वद ॥१०१॥

etān doṣānavekṣya tvaṃ sarvānanṛtabhāṣaṇe |
yathāśrutaṃ yathādṛṣṭaṃ sarvamevāñjasā vada ||101||

 

‘Having noticed all these evils proceeding prom perjury, speak out directly everything exactly what you have seen and heard.’ — (101)

 

Medhātithi’s commentary (manubhāṣya):

Give up all suspense and hesitation, speak out what you have seen and heard. — (101)

 

Explanatory notes by Ganganath Jha:

‘Añjasā’ — ‘Without hesitation or śilly-shallying (Medhātithi); — ‘truly’ (Govindarāja and Kullūka); — ‘quickly’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 674); — in Smṛticandrikā (Vyavahāra, p. 205), which explains ‘añjasā’ as ‘with a clear heart’; — and in Kṛtyakalpataru (35b).

 

Comparative notes by various authors:

Kātyāyana (Aparārka, p. 675). — ‘When they have assembled, they should say exactly what they have seen or heard.’

[See texts under 74.]

 

 

VERSE 8.102 [Some witnesses to be treated like Śūdra]

Section XIV - Some witnesses to be treated like Śūdra

 

गोरक्षकान् वाणिजिकांस्तथा कारुकुशीलवान् ।
प्रेष्यान् वार्धुषिकांश्चैव विप्रान् शूद्रवदाचरेत् ॥१०२॥

gorakṣakān vāṇijikāṃstathā kārukuśīlavān |
preṣyān vārdhuṣikāṃścaiva viprān śūdravadācaret ||102||

 

‘He shall treat like Śūdras the Brāhmaṇas who tend cattle, who engage in trade, and who are craftsmen, actors, menial servants ok money-lenders.’ — (102)

 

Medhātithi’s commentary (manubhāṣya):

‘Craftsmen’ — artisans; carpenters, blacksmiths, cooks and so forth.

‘Actors’ — dancers and singers.

‘Menial servants,’ — those who serve others for a living; known as ‘dāsa.’

‘Money-lenders,’ — who live upon interest on money lent.

These persons, even though they he Brāhmaṇas, should, in the matter of taking evidence and administering ordeals, — that this is meant is dear from ‘the context — he ‘treated’ — i.e., questioned — ‘like Śūdras’; but not so in other matters. That is to say, in taking evidence, the Śūdra is not questioned with reference to charity, virtue and the like, and in ordeals, he is subjected to the ordeal by fire; and the same treatment should be meted out to the persons mentioned here.

Though ordeal has not yet been spoken of in the present context, yet what is said here is taken as applying to the case of ordeals also, because they are dealt with immediately after the present section, and immediate sequence also is a basis of relationship; the two subjects therefore are closely interrelated. — (102)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 674), and again on p. 681, as indicating that in certain eventualities even a Brāhmaṇa may be condemned to death; — in Vyavahāramayūkha (p. 19); — in Vīramitrodaya (Rajānīti, p. 268), which refers to Aparārka and adds that the term ‘viprām’ here stands for the illiterate Brhāmaṇa who does cattle-tending &c., as also for such Kṣatriyas and Vaiśyas as are addicted to degraded vocations; — in Hemādri (Dāna, p. 35 and Śrāddha, p. 359); — in Prāyascittaviveka (p. 384); — in Smṛticandrikā (Vyavahāra, p. 205).

 

Comparative notes by various authors:

Baudhāyana (1.10.24). — ‘Let him treat as Śūdras those Brāhmaṇas who tend cattle, or live by trade, or are artisans, actors, servants or usurers.’

 

 

VERSE 8.103 [False evidence permissible in special cases]

Section XV - False evidence permissible in special cases

 

तद् वदन् धर्मतोऽर्थेषु जानन्नप्यन्य्था नरः ।
न स्वर्गाच्च्यवते लोकाद् दैवीं वाचं वदन्ति ताम् ॥१०३॥

tad vadan dharmato'rtheṣu jānannapyanythā naraḥ |
na svargāccyavate lokād daivīṃ vācaṃ vadanti tām ||103||

 

In some cases, a man who, though knowing the truth, deposes otherwise, through piety, does not fall off from heaven. This is a divine assertion that they reproduce. — (103)

 

Medhātithi’s commentary (manubhāṣya):

Though deposing otherwise than the truth, the man does not fall off from heaven; i.e., even though he has given false evidence, he does not incur sin.

“Is this so at all times?”

The text proceeds to say that it is not so always; but only in cases where it is done ‘through piety,’ — i.e., through such pious motives as pity and the like; ‘cases’ means suits. How piety forms the motive is going to be shown in the next verse.

What is said here by the author is not out of his own mind; even previous writers on Smṛti have reproduced this ‘divine assertion.’ “What divine assertion?” — The assertion that ‘one should give false evidence from considerations of piety’ has emanated from the gods; and having heard that, Manu and other writers have reproduced it.

This is only a praising of false evidence under special circumstances.

Others however have explained this verse as supplementing the previous injunction; and under this explanation what is said here should apply to what has been said regarding the cattle — tenders and other Brāhmaṇas being exhorted like Śūdras, when asked to give evidence. People might ask how a Brāhmaṇa should be exhorted like a Śūdra; and the text explains that there can be nothing wrong in this, since Manu and other writers have made the declaration that they are to be treated as Śūdras, and they are the sole authority in matters relating to right and wrong.

Witnesses should tell the truth; and that in the manner in which it is enjoined; so that in a case where lying is righteous, that should he regarded as right. — 103

 

Explanatory notes by Ganganath Jha:

Buhler wrongly says that Nandana omits this verse; Hopkins is equally inaccurate in saying that Nandana places this verse after 104.

This verse is quoted in Kṛtyakalpataru (38a).

 

Comparative notes by various authors:

Bṛhaspati (7.34). — ‘Let him preserve, even by telling a lie, a Brāhmaṇa who has sinned once through error and is in peril of his life, and is oppressed by rogues and others.’

 

 

VERSE 8.104

Section XV - False evidence permissible in special cases

 

शूद्रविड् क्षत्रविप्राणां यत्रऋतोक्तौ भवेद् वधः ।
तत्र वक्तव्यमनृतं तद् हि सत्याद् विशिष्यते ॥१०४॥

śūdraviḍ kṣatraviprāṇāṃ yatraṛtoktau bhaved vadhaḥ |
tatra vaktavyamanṛtaṃ tad hi satyād viśiṣyate ||104||

 

Where the telling of the truth would lead to the death of a Śūdra, a Vaiśva, a Kṣatriya or a Brāhmaṇa, — in that case falsehood should be spoken; as that is preferable to truth. — (104)

 

Medhātithi’s commentary (manubhāṣya):

There is the general prohibition. — ‘one shall not speak a falsehood’; and the present verse declares that this prohibition applies to cases other than that entailing the death of the Śūdra and others; and it does not actually enjoin the telling of falsehood. For if it meant the latter, then any coordination between this and the said general prohibition would he impossible.

“What is the condition meant to refer to what is asserted here? the phrase in that case cannot be taken as indicating that condition; as this phrase qualifies death; and as death is not existent at the time, it could not be the required condition; for if it were, the meaning would come to be that ‘when the death has been brought about, falsehood should be spoken’; and this is not what is meant.”

The term ‘where’ referring to the case, the phrase ‘in that case’ also would refer to the same. Hence the meaning comes to be that — ‘in a case where the party defeated becomes liable to death’; and this certainly can serve as the required condition.

As for the king’s wrath, this cannot he regarded as the required condition; as it is an uncertain factor, and also because any penalty inflicted entirely through wrath would be illegal.

For all these reasons the only right course is to take the text as supplementary to the prohibition of lying.

In connection with Gautama’s test, there is no chance of its being taken as an injunction of lying; for all that it says is — ‘there is nothing wrong in lying, if a man’s life is dependent upon it’ (13.24).

In the face of such prohibitions and sanctions, it depends on the will of the man whether he shall tell the truth or untruth; so that arguing in his mind that by telling the truth, he becomes the cause of the death of the accused, and hence the transgressor of the law that ‘one shall not kill any living being,’ — the man decides to tell the untruth; and in this he does what is quite reasonable.

Question. “All that the man does is to answer the question that is put to him; he does not kill; and without killing, how can he be tainted with the sin of killing?”

Answer. The man being free to say what he chooses, if, on account of his deposition, the accused comes to be killed by the king, he does become a means of thaṭ killing, and hence its perpetrator or agent.

Question. “Every kind of means does not become an agent, e.g., when nobility is acquired by wealth, or “fame by learning,” wealth and learning are the means but not the agents. What makes a certain thing the means is its capacity to bring about a special kind of effect in the form of substance or quality. Even when an action is spoken of as such an effect — e.g., in the assertion ‘cooking is done by fire’ — the action that is spoken of by the verbal noun (‘cooking’) is in its accomplished form (and hence as good as a substance or a quality; since an action is that which is still in course of being accomplished). But the effect spoken of in the present context is of a totally different kind — scriptural or spiritual, and not temporal, — being brought about by what is declared in the scriptural texts; and the Agent of such an act is not of the same character as that of the former. If the character of the Agent were to consist in command and prayer — which mean ordering and requesting, — then, in the case of such assertions as ‘make the corns become hot,’ the use of the causal form would he impossible, as it refers to the corns, which are not sentient (and hence cannot have any command or prayer addressed to them).”

All this has already been answered by the commentators, who have explained that in such cases the action of the principal agent is imposed upon (represented as belonging to) the subordinate (insentient) agent. Such imposition upon insentient objects we find in such expressions as — ‘alms-begging affords shelter,’ ‘the dry cow-dung teaches,’ and so forth. In such cases, the help accorded (in the shape of lodging and teaching) is not by the insentient things (begging and cow-dung), but by a different agent, who is the real instigator of the acts. the act of teaching, for instance, is prompted by the Injunction of having recourse to a Teacher; and when the teacher is doing this act of teaching, he is hampered by cold and such other hindrances; and this cold is removed by the dry cow-dung (being burnt as fuel); thus it is that the action of ‘teaching’ itself comes to be imposed upon the cow-dung. An ‘agent’ or an ‘instigator’ is so called because of the impelling or urging done by it; and we do find such impelling being done also by such insentient things as wind and water, in reference to the burning of fire and floating of wood (respectively). And in all such cases as there can be no directing, etc., done by the Fire, the words would have to be regarded as used in a figurative sense.

If again the character of the ‘agent’ be hold to consist in doing something conducive to the act in question, — then this could only he in accordance with the actual action of the Agent concerned, which action would be in the form of preparing for the main act; for one who arranges for an act is said to hate it done; when for instance, for a person who is going to dine, one man brings up the dish and another serves the rice and so forth; similarly when a man is going to do the act of killing, one man offers him the weapon, while another, by recounting the misdeeds of the man going to ho killed, kindles the rage of the person going to kill him. In all such cases, though each of these other abettors does not do any directing or urging, yet, in as much as he helps to bring about conditions favourable for the fulfilment of the act concerned, becomes a sort of an ‘agent’ in it, in the sense that what he actually does is conducive to the said act.

According to this view, the cow-dung and the Teacher would stand on the same footing (as agents in the act of teaching).

But in this connection also that principal instigator is the ‘Agent’ without whom the act cannot be accomplished and who does not fall within the category of any other particular case-relation. Without the readier, the cow-dung itself cannot become a prompter of the teaching; while the teacher can do the teaching, even without the cow-dung, and hence the cow-dung becomes the subordinate factor. As for those things that are definitely recognised as the ‘instrument,’ or such other factor conducive to the accomplishment of an act, — these also would he clearly subordinate. For instance, when one sees a man going to a remote village again, even on slight business, he says ‘the horse makes Devadutta go.’

Question. — “As a matter of fact, in connection with the nomenclature of the case-relations, there is no reference made to the greater or less intimacy of the determining relation; what difference then is there between the cow-dung and the Teacher (so far as the character of the nominative agent of the act of teaching is concerned)? The. distinction that you have drawn between the two is a mere gratuitous assumption of yours, and there is no reality behind it; while all Injunctions and Prohibitions refer to realities. Further, it has also been declared that ‘the exact nature of case-relations is determined by the wish of the speaker.’ Under the circumstances, if a certain speaker wishes to speak of a nonagent as the agent, the Injunctions and Prohibitions relating to the Agent could become applicable to him. For instance, when enunciating the Sins, manu himself mentions ‘the buyer, the seller, the cooker and the server’ (ns the killer of the animal whose flesh is eaten). From this it is clear that the maxim that you have propounded is meant for the purpose of lending support to the position taken up by yourself, and it does not touch the reality of things.”

It is for this very reason that the commentators have agreed that if the mere doing of something conducive to an act were the condition of being the ‘agent,’ then every kind of cause (of the act) would have to be regarded as ‘agent.’ So that when one gives food to a man, and this man, being a glutton, happens to die by over-eating, — the man who gave the food would become the agent in the act of killing. As a matter of fact, however, the action of the feeder has not been prompted by the idea of killing the man; it was prompted by the idea of a totally different act, in the form of feeding, and not in that of killing; nor was it prompted by hatred or jealousy or any such feeling. So that oven though the man may have helped to bring about the death, yet he does not become the ‘agent’ of that act. That is all that we have to say. In a case where one takes away lands or gold, etc., belonging to another person, and the latter dies through grief caused by the robbery, — it has to be considered whether the robber becomes the ‘agent’ in the act of robbing only, or in that of killing also.

“What is then to be ‘considered’ in this connection? The relation of Cause and Effect can he ascertained by infallibility; and the robbing of land or gold is not an infallible cause of death, to the same extent as striking with the, sword or starving is.”

What sort of ‘infallibility’ is meant here? It may he held that if by a certain thing, some one dies, while others do not, — then the agency or causal efficiency of that thing (towards bringing about death) would be regarded as ‘fallible.’ But any such principle would be defective, on account of the divergence in the constitution of men. One and the same medicine is found to be beneficial to a man of phlegmatic constitution, but harmful to another. In fact in the case of all men, the appearance of now forces is dependent upon such contingencies as those of disposition, place, time, nature and accessories. In fact in the eases cited also, the death is dependent upon the wealth and progeny of the man concerned, as also upon thirst and other living organisms (?). For instance, if the man robbed is of a very passionate disposition, or liable to give way to grief, the trouble caused by the robbery becomes conducive to death. And in such a case can the agency (of the robber in the net of killing) he denied? On the other hand, if the man is easy-natured, ho ignores the robbery. This same reasoning applies also to the case of the man who, being obsessed by grief, commits suicide by having recourse to starvation, falling from a precipice, taking poison, — laying the blame of it upon other persons.

“But in such cases, in as much the taking of poison and other well-known causes of death would be present, the wrong done in the shape of robbing the land, etc., could not be regarded.os the cause of the death.”

But since the man has recourse to the means of death, by reason of being stricken with grief, caused by the robbery, — the robbery becomes the indirect cause of the death.

If such be the case, then if some one happens to be aggrieved by wholesome advice given by a well-wisher and commit suicide, the person offering the advice would be a ‘murderer.’ Similarly, jealous persons, withering under the pangs of jealousy, would place the blame of their suffering upon the wealthy person of whom they are jealous. Likewise, when a man with unhinged mind dies upon the death of his son or his loved person, — these latter would have to be regarded as ‘murderers.’ In the same manner some light-hearted people, on seeing a beautiful woman, become so affected that, becoming brokenhearted, they lose all consciousness; and in this case chaste women would have to be censured. And lastly (in the event of a Brāhmaṇa dying of grief caused by the death of a loved person) the dead person would incur the sin of having killed a Brāhmaṇa.

All this would be quite true, if there were no specific injunctions and prohibitions covering special oases. As a matter of fact however, the offering of wholesome advice is enjoined, while the robbing of what belongs to another is forbidden. It has been thus declared — ‘In the case of people engaged in doing good to others, if there happen something untoward, no blame attaches to those people; as for example, in the case of physicians administering medicine.’ This does not mean that it is only in the case of medicines administered by physicians producing untoward results that there is no blame attaching to the physicians, — but in all similar cases; e.g., when a cow has become stuck in the mire, if a man exerts himself to the utmost in pulling her out with his hand, and the cow happens to die, the man, who tried to pull her out, is not open to blame. Similarly in all analogous cases.

If a man happens to carry on bis business carefully and acquires much prosperity in the shape of riches, — if some people happen to burn with jealousy, that man does not transgress any scriptural prohibition. Further, an act becomes an object of prohibition only when its causal efficiency (towards harm) is certain and unfailing; and no definite deduction can be drawn regarding the momentarily changing mental aberrations of. living beings; so that it cannot be definitely ascertained that such and such a person has died on account of the beauty of such and such a woman. And so long as we can get at well-ascertained objects of prohibition, it cannot be right to make it pertain to doubtful cases.

“But in a case where the fact of the man becoming pale and withered in body, it is definitely ascertained that the cause of his suffering lies in the beauty of a certain woman, — this woman should either renounce her chastity and meet him, or else she should be regarded as a murderess.”

Certainly not; even though the causal efficiency (of the woman’s chastity towards her lover’s sufferings) be duly ascertained, yet chastity cannot become an object of prohibition; because such a prohibition would be contrary to a definite Injunction; there is such an Injunction regarding the avoidance of unchastity; and so long as an Injunction has room for application in an objection not touched by any other Injunction, it cannot encroach upon the objective of a contrary Injunction (so that so long as the prohibition of killing has room for application in the shape of ordinary murder, etc., it cannot encroach upon the objective of the Injunction of chastity.)

Some people argue as follows: — “What the injunction of chastity prohibits is that act which is done under the impulse of sexual passion, and not that which is done under a righteous impulse sanctioned by the scriptures. Hence, if the woman has intercourse with her dying lover, solely for saving his life, being moved entirely by the consideration that the poor man may lose his life, — she does not, by the act, transgress the injunction of chastity as regards the dictum that one injunction cannot encroach upon the objective of another; as the act in question does not form the objective of any other injunction, being due entirely to passion. It might he argued that there is no scriptural injunction sanctioning the act (of the woman meeting the dying lover), because there is no Smṛti text permitting adultery in such cases, as there is one sanctioning the begetting of a child from the dead husband’s younger brother. It is true that if she did not act so, she would be encompassing the death of the man, — and it is on account of the prohibition of the act of killing that she acts in that manner. But that prohibition applies only to the killing that is done through the passion of hatred; while when the woman desists from meeting the man, it is not through hatred of him, but on account of the prohibition of adultery. The act too that one may do for benefiting another person, must be one that avoids the transgressing of all prohibitions.”

In a case where some one asks a man for a certain thing, and threatens that he would kill himself if the thing is not given to him, — and does actually kill himself, — the man who refused the request cannot be regarded as a murderer. For if men were to be so regarded, there would be an end to all worldly business. — (104)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 432), which says that this is to be regarded as mere arthavāda, as expiatory rites are prescribed for this lying also; — in Smṛticandrikā (Vyavahāra, p. 207), as an exception to the general rule regarding deposing truthfully; — in Kṛtyakalpataru (38a); — and in Vīramitrodaya (Vyavahāra, p. 58a), which explains that this verse makes silence, or even lying, better than telling the truth, under the circumstances.

 

Comparative notes by various authors:

Gautama (13.24-25). — ‘No guilt is incurred in giving false evidence in case the life of a man depends thereon; — but not if the man involved be a wicked one.’

Vaśiṣṭha (16.35). — ‘Men may speak an untruth in marriage, during dalliance, when their lives are in danger, or the loss of their entire property is imminent; and for the sake of a Brāhmaṇa; they declare that an untruth spoken in these five cases does not make the speaker an outcast.’

Viṣṇu (8.15). — ‘Whenever the death of any member of the four castes is involved, if witnesses give false evidence, they are not to blame.’

Yājñavalkya (2.83). — ‘When the death of a member of any caste is involved the witness may speak an untruth.’

Bṛhaspati (7.34). — ‘Let him preserve, even by telling a lie, a Brāhmaṇa who has sinned once through error, and is in peril of life, and oppressed by rogues and others.’

 

 

VERSE 8.105

Section XV - False evidence permissible in special cases

 

वाग्दैवत्यैश्च चरुभिर्यजेरंस्ते सरस्वतीम् ।
अनृतस्यैनसस्तस्य कुर्वाणा निष्कृतिं पराम् ॥१०५॥

vāgdaivatyaiśca carubhiryajeraṃste sarasvatīm |
anṛtasyainasastasya kurvāṇā niṣkṛtiṃ parām ||105||

 

They should offer sacrifices to Sarasvati with half-boiled rice dedicated to the speech-goddess, — doing the best expiation for the sin of untruthfulness. — (105)

 

Medhātithi’s commentary (manubhāṣya):

‘Speech-goddess’ — goddess in the form of speech; the rice boiled for her is said to be ‘dedicated to the speech-goddess’; — Rice not over-boiled is called ‘chant’; — with these they should offer sacrifices.

We have ‘carubhiḥ,’ ‘with half-boiled rice,’ in the plural number, on account of the plural number in the verb ‘yajerau’, ‘they should sacrifice’; and it does not mean that each man shall offer several kinds of rice. Nor is this offering to be made by several persons collectively, as is done in the case of the Vrātyastoma offering. The plural number in the present case is exactly analogous to the plural number in such passages as — ‘If it rains, many Brāhmaṇas should offer sacrifices’; and it is not like that in the case of the ‘kapiñjala birds’ (where at least three are meant).

In the case in question the lie is told for the sake of helping the Brāhmaṇa or some such person; and this lying itself is a ‘sin’; — the action of lying itself being a sin. The genitive ending in the phrase ‘anṛtasyainaḥ’ ‘sin of lying’ denotes apposition; just as in the phrase ‘Dharmakriyā’ (where ‘dharma’ and ‘kriyā’ are in apposition). Some people however hold that ‘virtue’ and ‘vice’ or ‘merit’ and ‘sin’ are produced by actions (and do not consist in the actions themselves); and according to this view in the phrase ‘anṛtasya enaḥ,’ ‘sin of lying,’ the terms ‘sin’ of ‘lying’ would not be in apposition; the ‘sin’ being the effect of the lying, and hence figuratively spoken of as being in apposition with it.

The ‘niṣkṛti’ of this sin is ‘purifying,’ ‘cleaning,’ — i.e., expiation.

‘Best’ — most excellent.

“Why should there be any sin in this case — when it has been declared that there is nothing wrong in lying under the circumstances mentioned.”

Some people answer this objection by pointing out that the avoiding of untruth leads to excellent results (even when the telling of untruth may be permissible): a man may, on the basis of the scriptures, have taken the vow that throughout his life he would not tell a lie; and if such a man were to tell a lie for saving the life of a man, he would incur the sin of having boon false to his vow; and it is in view of this sin that the present text prescribes the expiation. Even though such acts as the burning of a house and killing are prohibited, yet they have been sanctioned under special conditions. Similarly we have (in the preceding verse) the sanction for lying under special circumstances; hence the mention of its ‘expiation’ must be regarded as a mere reference (to the prohibition of lying in general).

Question. — “How can a sacrifice be offered to Sarasvatī with what has been dedicated to the goddess of speech?” If the rice has been ‘dedicated’ to the Speech-goddess, how can the sacrifice be regarded as offered to Sarasvatī? Or, if the two Sarasvatīs (one spoken of by the name ‘Sarasvati, ‘while the other is referred to by the name ‘speech-goddess’) combined be regarded as the deity to whom the sacrifice is offered, — then there arises this difficulty that, as a matter of fact, the exact nature of the deity of a sacrifice can be learnt entirely from words, and the two names here used are two distinct words (so that both could not refer to the same deity); for instance, if the injunction of an offering is in the form — ‘the offering should be made to Agni,’ — people do not use the other names of Agni, — such as ‘Jvalana’ ‘Kṛśānu’ and the like — when actually making the sacrifice. Similarly when the injunction is in the form ‘one should offer to Vāyu,’ — even though it is distinctly laid down that ‘Vaya is Prāṇa’ — the name ‘Prāṇa’ — is not used when the offering is actually made.”

All this is quite true; ‘speech-goddess’ is the deity of the sacrifice, — the nominal affix in the term ‘vāgdaivatya’ being denotative of the deific character; and the deity is not denoted by the term ‘Sarasvatīm,’ which appears with the accusative ending. Because the Accusative ending denotes the objective, while the deity is the recipient, and not the objective.

“How then is the term ‘Sarasvatīm’ to be construed?”

The present passage is only a hortatory exaggeration, just like the assertion ‘one should make au offering to Agni, Agni is all deities;’ and what the present statement means is that ‘speech-goddess is Sarasvatī herself, and hence when the offering is made to the former she is pleased, and it reaches the other also.’

The character of the ‘deity’ is ascertained only through sacrifices; as in the case of sacrifices offered to Agni, to Prajāpati and so forth (where the fact of Agni or Prajāpati being the deity is ascertained only by the sacrifice being offered to them).

Some people explain that what is meant is that the deities are to be worshipped, the root ‘yaji’ (in ‘yajeran’) signifying the act of worshipping; and the deity worshipped forms the objective of the ‘worship’; so that the use of the Accusative in ‘Sarasvatīm’ is only right and proper. There are several such assertions as ‘he worships the deity’ (where the deity is the object of the verb to worship).”

This however is not right. As under this view the deific character of Sarasvatī will have to be deduced from somewhere else; and such an interpretation would be contrary to the dictum that ‘the deific character consists in being the recipient of a sacrificial offering.’ This dictum however, being self-sufficient, is highly authoritative.

The real explanation is that the deity to whom a sacrifice is offered is to be made the recipient of the offering, and also to be meditated upon, — according to the injunction, ‘One shall think in his mind of the deity for whom the offering is held up’; so that the deity is also the object of the act of meditating; and the accusative ending (in ‘Sarasvatīm’) actually denotes the objective itself. — (105)

 

Explanatory notes by Ganganath Jha:

‘Kapiñjalaiḥ’ (Medhātithi, p. 937, l. 11) — This refers to a case dealt with in Mīmāṃsā-sūtra, where it is said that whenever the plural number is used, we should understand it to mean three; for instance, when ‘Kapiñjala birds’ are spoken of as to be sacrificed. Medhātithi says that this principle should not be applied to the present case of the plural in ‘Charrubhiḥ’.

Nandana does not read the verse differently as asserted by Hopkins.

This verse is quoted in Aparārka (p. 682), which adds that the plural number in ‘Carubhiḥ’ is due to the plurality of the persons referred to here — ‘te’, ‘they’; — in Prāyaścittaviveka (p. 432), which says that this refers to the three higher castes only.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 390); — in Smṛtitattva (II, p. 355), which adds that ‘Vāgdevatā’ here must be taken as standing for Sarasvatī, the terms ‘Vāk’ and ‘Sarasvatī’ being synonymous, specially as it is only thus that the offering shall be consistent with its name ‘Sacrifice to Sarasvatī’; it proceeds to add that the pronoun ‘te’ here stands for those witnesses who tell a lie for saving a Brāhmaṇa or a Kṣatriya from death; — in Smṛticandrikā (Vyavahāra, p. 207); and in Kṛtyakalpataru (38b).

 

Comparative notes by various authors:

(verses 8.105-106)

Yājñavalkya (2.83). — ‘For expiating the sin involved in deposing falsely for saving the life of a man, twice-born persons should offer the cooked rice dedicated to Sarasvatī.’

Viṣṇu (8.16-17). — ‘In order to expiate the sin committed (by deposing falsely for saving the life of a man), the witness, if he is a twice-born person, must pour an oblation into the fire, consecrating it with the Mantra-texts called Kūṣmāṇḍī; if he is a Śūdra, he must feed ten cows for one day.’

Baudhāyana (1.19.16). — ‘Let him who has given false evidence (for any reason) drink hot milk during twelve days and nights, and pour oblations into the fire with the mantras called Kūṣmāṇḍī.’

 

 

VERSE 8.106

Section XV - False evidence permissible in special cases

 

कूष्माण्डैर्वाऽपि जुहुयाद् घृतमग्नौ यथाविधि ।
उदित्य् ऋचा वा वारुण्या तृचेनाब्दैवतेन वा ॥१०६॥

kūṣmāṇḍairvā'pi juhuyād ghṛtamagnau yathāvidhi |
udity ṛcā vā vāruṇyā tṛcenābdaivatena vā ||106||

 

Or he shall offer according to rule, clarified butter into the fire, with the ‘kuṣmāṇḍa’-texts or with the verse ‘ut, etc.’ sacred to varuṇa, or with the three verses sacred to the waters. — (106)

 

Medhātithi’s commentary (manubhāṣya):

The mantras called ‘kūṣmāṇḍā’ are found in the Yajurveda; with these he shall offer clarified butter into the fire. The root ‘hu’ (in ‘juhuyāt’) signifies the act of giving away to a certain deity; and as the term ‘agnau’ mentions Agni only as the receptacle into which the offering is to be poured, the deity of the offering should be deduced from the words of these Mantras themselves. In those cases where the words of the mantras are not found to be indicative of any deity, — e.g., in the mantra ‘devakṛtasyainasovayanamasi, etc.’ (Yājurvedā, 8.13) Prajāpati is to be accepted as the required deity, — so say the people learned in sacrificial lore. The other alternative view is that the offering in such cases is to be associated with those that have already been found to be the ‘deity’ of other offerings. The author of the Nirukta also has declared — ‘what others could be the deity?’ Though there is no deity common to all offerings in general, each sacrifice has its own materials as well as deity clearly indicated, sometimes directly, sometimes indirectly through mantras.

What we say however is that the mantra ‘devakṛtasyainasovayajanamasi,’ itself contains the term ‘yajana’; and as ‘yajana’ is the same as ‘yājana,’ it is the latter that is the required deity; and as in the case of every mantra, there is hound to be something that is denoted by it, there will always be some words of the mantra that would indicate the required deity.

The verse ‘ut, etc.,’ refers to the verse ‘Uduttamam varuṇa pāśamasmat, etc.’ (Ṛgveda, 1.24.15); and the epithet ‘sacred to Varuṇa’ has been added in order to exclude the other verse beginning with ‘ut’, — vis., “Ut-tvā madantu stomā,’ etc. (Ṛgveda, 8.64.1).

‘With the three verses sacred to the waters.’ — The term ‘daivata’ is synonymous with ‘devatā’; and the three verses of which the Waters are the deity are ‘Āpohiṣṭhā mayobhuvaḥ, etc’ (Ṛgveda, 10.9.1). In this case there is one oblation with each of these three verses and one with all the three collectively.

The terms ‘clarified butter’ and ‘into the fire’ have to be construed with every clause.

‘According to rule,’ — i.e., in accordance with the practice of cultured people. Hence, in as much as the offering being that of butter, all the details of the primary sacrifices could not be transferred to it, — this phrase sanctions the adopting of only such details as the brushing of the place, sprinkling it with water, examining of the butter, pouring the oblations with the sruva and so forth.

The particle ‘vā’ shows that all the offerings mentioned are to be regarded as optional alternatives. — (106)

 

Explanatory notes by Ganganath Jha:

Kūṣmaṇḍaiḥ’ — i.e ., Vājasaneya Saṃhitā, 20.14-16, or Taittirīya Āraṇyaka, 10.3-5.

This verse is quoted in Aparārka (p. 682), which adds that ‘uditi’ refers to the opening word of the mantra ‘Uduttamamvaruṇa pāśamasmat &c.’ (Ṛgveda, 1.24.15); — in Parāśaramādhava (Prāyaścitta, p. 390); — in Smṛticandrikā (Vyavahāra, p. 207); — and in Kṛtyakalpataru (38b).

 

Comparative notes by various authors:

(verses 8.105-106)

See Comparative notes for Verse 8.105.

 

 

VERSE 8.107 [Abstaining from giving evidence]

Section XVI - Abstaining from giving evidence

 

त्रिपक्षादब्रुवन् साक्ष्यं ऋणादिषु नरोऽगदः ।
तदृणं प्राप्नुयात् सर्वं दशबन्धं च सर्वतः ॥१०७॥

tripakṣādabruvan sākṣyaṃ ṛṇādiṣu naro'gadaḥ |
tadṛṇaṃ prāpnuyāt sarvaṃ daśabandhaṃ ca sarvataḥ ||107||

 

The man, who, without being ill, does not give evidence for three fortnights, in regard to debts and other matters, should hear that entire debt, as also a penalty of the tenth part in all cases. — (107)

 

Medhātithi’s commentary (manubhāṣya):

Fifteen days and nights make a ‘fortnight’; the aggregate of three fortnights is called ‘tripakṣam’; according to Pāṇini 2.4.17, the compound should have a feminine ending, but this is precluded by the exception that follows, regarding ‘pātra’ and other words (which include the word ‘pakṣa’ also).

“In that case the feminine form ‘tripakṣī’ should be impossible.”

The wrong gender in that case is to be regarded as a ‘Vedic anomaly.’

The Ablative ending in ‘tripakṣāt’ has the force of the participial affix ‘lyap.’

The meaning of the verse thus is that — ‘He who after having waited for three fortnights, dees not give evidence, without being ill, should hear the burden of that debt’; — ‘as also the tenth part out of it, as a penalty.’

‘Debts and other mailers’; — the addition of the phrase ‘and other matters’ indicates that what is said here applies to all kinds of suits; and the repetition of the term ‘debt’ is only by way of illustration. The meaning is that — ‘in a suit where for the said time no evidence is given, the burden of the defeated party is to be borne by the witnesses.’

‘Gada,’ ‘illness,’ is meant to indicate other kinds of disability also; so that due cognizance should be taken of such conditions also as family troubles, fear of creditor and so forth.

The term ‘bandha’ following a numeral word, denotes penalty, and stands for the ‘tenth part.’

The terms ‘naraḥ’ and ‘sarvataḥ’ are added only for filling up the metre.

Others explain that the assertion ‘should hear that debt’ means that ‘he incurs the sin of stealing the amount of the debt.’

The meaning is that the man shall pay the tenth part of the fine that would be payable to the king by the defeated party. — (107)

 

Explanatory notes by Ganganath Jha:

Hopkins again misrepresents Nandana as reading ‘gatonaraḥ’ for ‘Narogadaḥ.’ It is clear that Hopkins had a very defective manuscript of Nandana’s commentary.

This verse is quoted in Kṛtyakalpataru (37b); — in Aparārka (p. 677), to the effect that it is only in cases relating to debts and the like that the absentee witness who is fit to attend, does not attend; — in Mitākṣarā (on 2.76) which adds that ‘agadaḥ’ stands for freedom from disease and state or divine oppression; — in Smṛticandrikā (Vyavahāra, p. 213), which explains ‘agadaḥ’ as ‘in good health,’ — ‘tadṛnam’ as that which can be proved by means of witnesses; — ‘sarvam’ as ‘along with accrued interest,’ and ‘prāpnuyāt’ as ‘should be paid’; — and in Vīramitrodaya (Vyavahāra, 54b) which explains that ‘agadaḥ’ stands for the ‘absence of obstacles arising either from natural causes or from some action of the king.’

 

Comparative notes by various authors:

Gautama (13.6). — ‘If witnesses, on being asked, do not answer, they are guilty of a crime.’

Yājñavalkya (2.76). — ‘A person not deposing as a witness should be made to pay, on the forty-sixth day, the entire amount of the debt (involved in the suit), along with the tenth part of that amount as penalty.’

Bṛhaspati (7.31). — ‘If a witness, who is not ill, being summoned, does not make his appearance, he should be made to pay the debt and also a fine, after the lapse of three fortnights.’

Nārada (1.197). — ‘He who conceals his knowledge at the time of trial, although previously he has stated to others what he knows, deserves specially heavy punishment; for he is more criminal than a false witness.’

Śukranīti (4.5.387). — ‘The man who, when summoned, does not bear witness is punishable.’

 

 

VERSE 8.108 [After-effects of Giving Evidence]

Section XVII - After-effects of Giving Evidence

 

यस्य दृश्येत सप्ताहादुक्तवाक्यस्य साक्षिणः ।
रोगोऽग्निर्ज्ञातिमरणं ऋणं दाप्यो दमं च सः ॥१०८॥

yasya dṛśyeta saptāhāduktavākyasya sākṣiṇaḥ |
rogo'gnirjñātimaraṇaṃ ṛṇaṃ dāpyo damaṃ ca saḥ ||108||

 

That witness, — who may be found, within a week of having given evidence, to suffer from sickness, fire or the death of a relative, — should be made to pay the debt and also the penalty. — (108)

 

Medhātithi’s commentary (manubhāṣya):

‘Saptāhāt,’ ‘within a week,’ — the use of the Ablative implies that the proposition ‘before’ is understood. That is, on anyone of the seven days, after he has given evidence, if the witness is found to suffer from sickness, it implies that he has been adjudged by destiny to be a perjuror, and hence he should be punished in accordance with the aforesaid rule.

‘Illness’ stands for any kind of acute suffering; — ‘fire’ for the burning of cattle and conveyances; — and ‘death of a relative’ for the death of the son or the wife or some other near relative; — all these being indicative of his having given false evidence. — (108)

 

Explanatory notes by Ganganath Jha:

Nandana is again misrepresented by Hopkins.

This verse is quoted in Mitākṣarā (on 2.80.)

 

Comparative notes by various authors:

Yājñavalkya (2.113). — ‘If a man suffers no calamity, arising either from the King or from some supernatural force, within fourteen days (of his deposition), he should undoubtedly be regarded as pure (honest).’

Nārada (Aparārka, p. 715). — ‘If the man suffers some calamity after the lapse of two weeks, he shall not be accused on that account (of dishonesty).’

Viṣṇu (14.4-5). — ‘He to whom any calamity happens within a fortnight or three weeks — such as an illness, or fine, or death of a relative, or a heavy visitation by the King, — should be known to be dishonest, — otherwise, he should be known as honest.’

Pitāmaha (Aparārka, p. 715). — ‘If within three days, or seven days, or two weeks, some calamity befalls the man, he should be regarded as a sinner. If he alone, and none other, should suffer from illness, or death of a relative, or fine, this would be an indication of his sin.’

 

 

VERSE 8.109 [Oaths and Ordeals]

Section XVIII - Oaths and Ordeals

 

असाक्षिकेषु त्वर्थेषु मिथो विवदमानयोः ।
अविन्दंस्तत्त्वतः सत्यं शपथेनापि लम्भयेत् ॥१०९॥

asākṣikeṣu tvartheṣu mitho vivadamānayoḥ |
avindaṃstattvataḥ satyaṃ śapathenāpi lambhayet ||109||

 

In witness-less cases, if he cannot get at the truth between the two disputants by any means, he should discover it by means of oath. — (109)

 

Medhātithi’s commentary (manubhāṣya):

‘Witnessless cases,’ — those cases in which there are no witnesses; — in regard to these, when the king fails to find out the truth, — by any means, — i.e, by any ordinary methods, — ‘he shall discover’ — learn — it ‘by means of oath’ — i.e, by transcendental methods of inference. The root ‘labh’ ‘to get at’ (in ‘lambhayet’), though literally meaning the attaining of a thing, indirectly implies knowing.

All that the advice conveyed by the injunction means is that ‘in cases where there are no witnesses, he shall discover the truth by means of oath’; all the rest merely fills up the metre.

‘Mithaḥ’ — between themselves. — (109)

 

Explanatory notes by Ganganath Jha:

‘Śapathena’ — ‘Supernatural proof’ (Medhātithi); — ‘oath’ — ‘touching of the head and so forth’ (Nārāyaṇa), — or declaring ‘may heinous sins accrue to me if what I have said turns out to be untrue’ (Nandana).

This verse is quoted in Aparārka (p. 694), which adds that ‘asākṣikeṣu’ means ‘in cases where no human evidence is available’; — and in Vīramitrodaya (Vyavahāra, 71b), which explains ‘asākṣikeṣu’ in the same manner.

 

Comparative notes by various authors:

Gautama (13.12-13). — ‘Some declare that the witnesses shall be charged with oath to speak the truth. In the case of others than Brāhmaṇas that oath shall be sworn in the presence of Gods, of Brāhmaṇas and of the King.’

Viṣṇu (5.19). — ‘Let the Judge summon the witnesses, at the time of sunrise, and examine them, after having bound them by an oath.’

Viṣṇu (9.33). — ‘Let the Judge summon the defendant at the time of sunrise, after having fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of Gods and of Brāhmaṇas.’

Nārada (1.235, 236, 239). — ‘When owing to the negligence of the creditor, both documentary evidence and witnesses are missing, — and the defendant denies his obligation, three different methods may be adopted: — Timely reminder, Argument, and thirdly, Oath; these are the measures that the plaintiff should adopt against his adversary. If arguments are of no avail, let him cause the defendant to undergo one of the ordeals.’

Nārada (1.247-249). — ‘If no witness is forthcoming, for either of the two litigant parties, he must test them through ordeals and oaths of every sort. When a heavy crime has been committed, the King shall administer one of the ordeals: in light cases, the virtuous king shall swear the man with oaths.’

Yājñavalkya (2.97). — ‘Calling him at sun-rise, after he has fasted and bathed with clothes on, he shall make him go through the ordeals, in the presence of Gods, Brāhmaṇas and the King.’

Bṛhaspati (10.1-3). — ‘A forger of gems, pearl or coral, one withholding a deposit, a ruffian and an adulterer shall, in every case, be tested by oaths and ordeals. In charges related to heavy crimes, or to the appropriation of a deposit, the King should try the case by ordeals, even though there be witnesses. When a thing has happened long ago, or in secret, or when the witnesses have disappeared, or are perjured all of them, — the trial should be conducted by having recourse to an ordeal.’

Śukranīti (4-5.460). — ‘When argument also fails, ordeal has to be used in the investigation of cases.’

Do. (4-5.525). — ‘If one party urges human evidence, and the other divine, the King should accept the former, not the latter.’

Śukranīti (4.5, 529). — ‘The six kinds of decision are — through evidence, argument, custom, oaths, king’s edict and confession by the defendant.’

 

 

VERSE 8.110

Section XVIII - Oaths and Ordeals

 

महर्षिभिश्च देवैश्च कार्यार्थं शपथाः कृताः ।
वसिष्ठश्चापि शपथं शेपे पैजवने नृपे ॥११०॥

maharṣibhiśca devaiśca kāryārthaṃ śapathāḥ kṛtāḥ |
vasiṣṭhaścāpi śapathaṃ śepe paijavane nṛpe ||110||

 

By the great sages, as well as by the Gods, oaths have been taken for the purposes of a case; Vasiṣṭha even swore an oath before the King Paijavana. — (110)

 

Medhātithi’s commentary (manubhāṣya):

This is a commendatory supplement to the foregoing injunction of having recourse to oaths.

‘By the great sages’ — i.e., by the seven sages, called ‘Saptarṣi,’ and the rest; — ‘oaths have been taken, for the purposes of a case,’ — i.e., for the purpose of arriving at a decision regarding doubtful cases.

In this connection the story recounted by the revered Kṛṣṇadvaipāyana may be cited as an example. On one occasion when their lotuses had been stolen, the seven sages swore among themselves — ‘he who has stolen your lotus shall go the way of sinners,’ and so forth.

‘By the Gods’ — Indra and the rest, also; e.g., when Indra was accused in relation to Ahalyā, he swore many oaths, being afraid of being cursed.

‘Vashistha’ has been mentioned separately, for the purpose of indicating his special importance; — he also swore; the term ‘oath’ itself conveying the sense of swearing, the verb ‘swore’ should be taken in the sense of ‘took’; just as we have such expressions as ‘sacrifices a sacrifice,’ ‘nourished with self-nourishment,’ — so have we also the expression ‘swore an oath.’ ‘Shepe’ is the third person singular form in the Past Perfect tense of the root ‘shap’ to swear.

Before the king Paijavanu; — Sudās, the son of Pijavana was a king; and, during his reign, on being accused by Viśvāmitra in the midst of an assembly, Vashistha was beset with anger and desire and took the oath with regard to his being a‘demon’; in the presence of that same king he had been accused of having ‘devoured his hundred sons’ and hence being a ‘demon’; whereupon he swore — ‘may I die to-day, if I am a demon!’ — this invoking of an undesirable contingency upon himself being what is called an ‘oath.’ In a case where people swear by laying their hands upon the head of their wife or children, the ‘oath’ consists in invoking evil upon these latter. — (110)

 

Explanatory notes by Ganganath Jha:

‘Paijavana’ is another name for king Sudās, say Nārāyāṇa and Kullūka.

For the story of the seven sages, see the Mahābhārata 13.93; 13. “See Sāyana on Ṛgveda 7.104.15, which is considered to contain the oath sworn.” — Buhler.

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 406); — and in Kṛtyakalpataru (62a).

 

Comparative notes by various authors:

Nārada (1.243, 244). — ‘Of gods and sages even, the taking of oaths is recorded. Vasiṣṭha took an oath when he was accused of having assumed the shape of an evil spirit. The seven Ṛṣis resolutely took an oath together with Indra, in order to clean themselves mutually of suspicion, when each was suspected of having stolen lotus-fibres.’

Śukranīti (4.5.461). — ‘Ordeals are known as divya, divine, because they were used by the devas, gods, in the discrimination of difficult cases.’

 

 

VERSE 8.111

Section XVIII - Oaths and Ordeals

 

न वृथा शपथं कुर्यात् स्वल्पेऽप्यर्थे नरो बुधः ।
वृथा हि शपथं कुर्वन् प्रेत्य चैह च नश्यति ॥१११॥

na vṛthā śapathaṃ kuryāt svalpe'pyarthe naro budhaḥ |
vṛthā hi śapathaṃ kurvan pretya caiha ca naśyati ||111||

 

The wise man shall not take an oath improperly; taking an improper oath, one becomes ruined here as well as after death. — (111)

 

Medhātithi’s commentary (manubhāṣya):

This verse describes the effect of improper swearing, ‘improper’ meaning contrary to truth, false.

The gravity of the sin of ‘false swearing’ is dependent upon the nature of the property stolen — be it goods or something else, — and also upon that of the caste of the person involved and so forth. But even in minor matters one should not swear falsely; in more serious matters of course, the sin is more heinous.

‘Ruin after death’ consists in falling into hell; and ‘ruin here’ is in the form of public obloquy, and also punishment at the hands of the king, in the event of the true facts being discovered by other means. — (111)

 

Explanatory notes by Ganganath Jha:

‘Vṛthā’ — ‘False’ (Medhātithi, Nārāyaṇa and Nandana); — ‘needlessly, in small matters’ (Rāghavānanda).

This verse is quoted in Smṛtitattva (II, p. 229), — in Vyavahāra-Bālambhaṭṭī (p.406); — and in Vīramitrodaya (Vyavāhara, 89a).

 

Comparative notes by various authors:

Nārada (1.257, 258). — ‘Where no one declares himself ready to undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants when there is reason for it, not otherwise. Therefore an intelligent, virtuous, righteous and wise king (or judge) should abstain from administering any one of the five ordeals, unless both parties consent to it.’

 

 

VERSE 8.112

Section XVIII - Oaths and Ordeals

 

कामिनीषु विवाहेषु गवां भक्ष्ये तथेन्धने ।
ब्राह्मणाभ्युपपत्तौ च शपथे नास्ति पातकम् ॥११२॥

kāminīṣu vivāheṣu gavāṃ bhakṣye tathendhane |
brāhmaṇābhyupapattau ca śapathe nāsti pātakam ||112||

 

There is no serious offence in swearing to women, or in connection with marriages, fodder for cows, or fuel, or for the sake of a Brāhmaṇa. — (112)

 

Medhātithi’s commentary (manubhāṣya):

‘Kāminīṣu’ — ‘Kāma’ is a particular form of pleasure caused through the tactile organ; and those who are productive of such pleasure are called ‘Kāminī,’ — which is a terra that stands for wife, courtesans and so forth. To these if one swears, for the fulfilment of his desire — in such words as ‘I do not love any other woman, thou art the queen of my heart,’ etc., — there is nothing wrong in this; though, if after meeting the women, and on being asked by her to give a certain thing, he swears falsely that he would give it to her, — then this is certainly wrong.

‘Śapathe,’ ‘in swearing’; — the Locative here signifies the subject, and not the purpose. Hence the meaning is that there is nothing wrong, only in that form of oath which is sworn in connection only with that single woman with whom the man is in love. If, however, the Locative signified the purpose, then there would he nothing wrong in swearing for the purpose of robbing others of their property; and in that case what is declared (in 121 below) regarding the heavier punishment, in the case of perjury through lust, being ‘ten times’ would not be proper.

Even in the case of the woman, if the man swears falsely in a dispute with her, relating to other matters, — he commits a sin. Similarly in other cases.

‘In connection with marriages’; — when one says ‘this man has married another woman,’ or ‘that woman should ho married by you,’ and so forth; such lying, also in connection with the marriage of friends and others, is not sinful, but not so the concealing of the real caste of the bride and such details.

‘Fodder for cows’; — when, for the sake of obtaining fodder for cows, one has been constrained to commit theft, but denies it, — then if called to bear testimony, if the witness should swear to his not having done the act, — there is nothing wrong in this.

Similarly with ‘fuel.’

‘For the sake of Brāhmaṇas,’ — for conferring some benefit on Brāhmaṇas.

“Lying for the sake of all castes having been already permitted (in 104), why should this be repeated here?”

Some people offer the following explanation: — In the case of Brāhmaṇas false swearing is permitted, while in that of the Śūdra and other castes, it is simple lying that is sanctioned.

This however is not right; as under 104, it has been declared that ‘such lying is preferable to truth’; so that what is sanctioned there is not lying at all. The fact of the matter is that the said verse is not a prohibition; it provides an exception to the prohibition of false swearing contained in the preceding verse; and hence there should he nothing wrong in swearing for the sake of any caste.

“Why then should the declaration in the present verse be made?”

What has been permitted under 104 is lying with a view to save the men from death, which refers to all castes; for the purpose of conferring a benefit, however, it is permitted only in the ease of the Brāhmaṇa; as in the case of the other castes, the man might be prompted to lie also by greed for money and other motives.

In all these oases also the permission of false oath applies to only those eases where the purpose cannot he served without it, by any other means — (112)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 229), which adds the following notes: — ‘Kāminīṣu,’ when conversing with a woman in secret one may swear falsely for the purpose of satisfying her; — similarly for the purpose of bringing about a marriage, for obtaining food for cows, for obtaining fuel necessary for offerings, and for saving a Brāhmaṇa; — and in Vyavahāra-Bālambhaṭṭī (p. 406).

 

Comparative notes by various authors:

Vaśiṣṭha (16.35). — ‘Men may speak an untruth in marriage, during dalliance, when their lives are in danger, or the loss of their entire property is imminent, and for the sake of a Brāhmaṇa.’

Gautama (23.29-31). — ‘Some declare that an untruth spoken in marriage, during dalliance, in jest, or while one is in severe pain, is not reprehensible. But that is certainly not the case when the untruth concerns the guru; for if one lies even in his heart to his guru, regarding even small matters, he destroys himself, his seven descendants and seven ancestors.’

 

 

VERSE 8.113

Section XVIII - Oaths and Ordeals

 

सत्येन शापयेद् विप्रं क्षत्रियं वाहनायुधैः ।
गोबीजकाञ्चनैर्वैश्यं शूद्रं सर्वैस्तु पातकैः ॥११३॥

satyena śāpayed vipraṃ kṣatriyaṃ vāhanāyudhaiḥ |
gobījakāñcanairvaiśyaṃ śūdraṃ sarvaistu pātakaiḥ ||113||

 

The Brāhmaṇa should be made to swear by truth, the Kṣatriya by conveyances and weapons, the Vaiśya by cattle, grains and gold, and the Śūdra by all sins. — (113)

 

Medhātithi’s commentary (manubhāṣya):

In as much as the act of ‘swearing’ consists in invoking upon oneself evil consequences, — such as ‘If I do this may such and such an evil befall me,’ — when a man is made to say ‘I swear by truth,’ what is meant is — ‘may all my merit due to truthfulness become futile.’

‘Conveyances’ and ‘weapons’ also are the means of swearing in this same sense; when one swears by these it means — ‘may these be useless for me.’

‘Cattle, grains and gold,’ — the Vaiśya should be made to swear by touching these; which would mean ‘may these be useless for me.’

‘The Śūdra by all sins’; — the Śūdra should be made to say — ‘may the following sins befall me.’ — (113)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 2.73), which adds the following notes: — To the Brāhmaṇa he should administer the oath — ‘If you tell a lie your truthfulness shall perish’; to the Kṣatriya, ‘your conveyances and weapons shall be futile’; to the Vaiśya, ‘your cattle, seeds and gold shall be useless;’ to the Śūdra, ‘if you tell a lie all the sins shall accrue to thee.’ It adds that verse 102 provides an exception to the rule here laid down.

It is quoted in Vyavahāramayūkha (p. 19), and again on p. 38; — in Parāśaramādhava (Vyavahāra, p. 78); — in Smṛtitattva (II, p. 611), which adds the following notes: — The Brāhmaṇa he shall cause to take the oath in the form ‘what I say is quite true,’ and what he says after this should be accepted as true; — in Smṛtisāroddhāra (p. 336); — in Kṛtyakalpataru (62a); — and in Vīramitrodaya (Vyavahāra, 88b).

 

Comparative notes by various authors:

Viṣṇu (8.20-23). — ‘The Brāhmaṇa witness should be asked to declare: the Kṣatriya to declare the truth; the Vaiśya should be addressed thus — “Thy kine, grain and gold shall yield thee no fruit if thou wert to lie”: the Śūdra should be addressed thus — “Thou shall have to atone for all heavy crimes if thou wert to lie.”’

Nārada (1.248). — ‘Let him cause the Brāhmaṇa to swear by truth, the Kṣatriya by his conveyance and by his weapons, the Vaiśya by his gold, grains, cows and so forth; or all by venerable deities or deified ancestors, or by their own pious gifts or meritorious deeds.’

 

 

VERSE 8.114

Section XVIII - Oaths and Ordeals

 

अग्निं वाऽहारयेदेनमप्सु चैनं निमज्जयेत् ।
पुत्रदारस्य वाप्येनं शिरांसि स्पर्शयेत् पृथक् ॥११४॥

agniṃ vā'hārayedenamapsu cainaṃ nimajjayet |
putradārasya vāpyenaṃ śirāṃsi sparśayet pṛthak ||114||

 

Or, he may make him fetch fire, or make him dive under water, or make him touch the heads of his son and wife severally. — (114)

 

Medhātithi’s commentary (manubhāṣya):

‘He shall make him fetch water’ — with the hand, with only the leaf of the fig tree intervening. As for the other details, regarding the man going seven steps and so forth, — all this may be found in other Smṛtis (e.g., Yājñavalkya, Vyavahāra, 103, and Nārada 2.296). The matter being well known by tradition, our author has simply stated the ‘fetching of fire.’

‘He,’ i.e., the Judge — ‘shall make him dive under water.’

‘He shall make him touch the heads of his son and wife, secerally,’ — the man shall touch the head with his hand; and as this occurs in the context dealing with ‘oaths,’ the man should be made to utter the swearing words also.

‘Severally’ — separately, one by one. — (114)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 694); — the second half in Smṛtitattva (II, p. 611); — and in Vīramitrodaya (Vyavahāra, 71b and 88b), which says that the touching of the head is to be done with the right hand.

 

Comparative notes by various authors:

(verses 8.114-116)

Yājñavalkya (2.96-113). — ‘The Balance for women, children, aged persons, the lame, the Brāhmaṇa and the invalid; Fire or Water or seven Yavas or seven Poisons for the Śūdra. Neither the Plough-share nor the Poison nor the Balance shall he used in suits whose value is less than a thousand paṇas; hut in connection with the business of the King, or when one is accused of heinous crimes, the pure men shall always use these. (Then follows the detailed procedure of the ordeals.)’

Viṣṇu (Chapters 10 to 14). — [Rules regarding ordeal by Balance in Chap. 10, regarding that by fire in Chap. 11: ‘That man whose hands are burnt ever so little should be deemed guilty; but if he remains wholly unburnt, he is freed from the charge regarding that by Water, in Chap. 12: ‘The defendant should enter water;...... if he is not seen above the water during the time that a man brings back a discharged arrow, he is proclaimed innocent; hut in the contrary case, he is declared guilty, even though only one limb of his may have become visible;’ — regarding that by Poison in Chap. 13: — and regarding that by Sacred Libation, in Chap. 14.]

Nārada (1.251-253). — ‘Holy Manu has ordained that five kinds of ordeals should be administered to those involved in a doubtful case, specially if the matter under dispute is of a recondite nature. The Balance, Fire, Water, Poison and fifthly, Consecrated Water are the ordeals ordained for the purgation of high-minded persons. Those ordeals have been ordained by Nārada, for the purpose of proving the innocence of criminals who are defendants in a law-suit, and in order that right may be discerned from wrong.’ [Then follow detailed instructions regarding the ordeals, up to verse 348.] — ‘If the members of the court should declare him unhurt, he shall he honourably released as innocent; if he is burnt, he shall receive due punishment’ (363). — ‘If the man returning with the discharged arrow does not see the defendant rising in water, the defendant should he acquitted; otherwise he is guilty; even though only one limb of his may have become visible’ (311-312).

Bṛhaspati (10.4-2). — ‘The Balance, Fire, Water, Poison, and fifthly, Sacred Libation, sixthly grains of rice, seventhly, a hot piece of gold, are declared to he ordeals; — the Plough-share is mentioned as the eighth; the ordeal by Dharmas the ninth. Truth, a vehicle, weapons, cows, grains, gold, venerable gods and Brāhmaṇas, the heads of sons and wives, — by these have oaths to be taken. When a dispute between two litigants has arisen regarding a debt or some other matter, that ordeal is to be administered which is in keeping with the amount of the sum in dispute and with the character and strength of the person to he examined. The ordeal by Poison should he administered where property worth a thousand has been stolen; that by Fire when it is a quarter less than that; when the charge concerns four hundred, the Hot Piece of Gold should be administered; when three hundred, Grains of Rice should be used; and the Sacred Libation, when it is half of that; when a hundred has been stolen, or falsely denied, purgation by Dharma should be administered; thieves of cows should be subjected, by preference, to ordeal by the Plough-share.’

Śukranīti (4.5.493 et seq.). — ‘When the plaintiff is not prepared to accept the result of the ordeal as final, the ordeal shall not be administered: an ordeal is to be administered to the Accused only; never shall the judge ask the accuser to go through the ordeal; but if he so wills it, he may be put through it. In the case of those who have been suspected by the King, ordeal may be prescribed. In cases of adultery and incestuous intercourse, and of heinous offences, ordeal shall be administered; there is no other proof. In the case of those against whom there is a presumptive charge of theft, the ordeal of lifting a small piece of metal out of boiling oil is ordained. In the case of indictment for murder, even though human evidence be available, if the accuser volunteers to have recourse to ordeal, the human evidence may be ignored. Where the witness that is produced is suspected of dishonesty, the King shall, before admitting his evidence, test him by means of an ordeal.’

Viṣṇu (8.40). — ‘Whenever a perjured witness has given false evidence in a suit, the King must reverse the judgment; and whatever has been done should be regarded as undone.’

Nārada (2.40). — ‘When a man has lost his cause through the dishonesty of witnesses or judges, the cause may be tried anew.’

 

 

VERSE 8.115

Section XVIII - Oaths and Ordeals

 

यमिद्धो न दहत्यग्निरापो नोन्मज्जयन्ति च ।
न चार्तिं ऋच्छति क्षिप्रं स ज्ञेयः शपथे शुचिः ॥११५॥

yamiddho na dahatyagnirāpo nonmajjayanti ca |
na cārtiṃ ṛcchati kṣipraṃ sa jñeyaḥ śapathe śuciḥ ||115||

 

He whom the blazing fire burns not, or whom the water does not throw up, or who does not speedily suffer some misfortune, should be regarded as pure on his oath. — (115)

 

Medhātithi’s commentary (manubhāṣya):

‘Blazing’ — flaming.

A red-hot iron-ball, when held by an innocent person, does not burn him; the water does not make him float on the surface, if he has sworn truly; he also does not suffer ‘misfortune,’ — i.e. trouble, in regard to his hair and other parts of his body. ‘Illness’ has already been mentioned before.

Such a person is to ‘be regarded as pure’ — i.e., innocent.

‘Speedily’ — i.e., within a period of fourteen days, — as declared in another Smṛti. — (115)

 

Explanatory notes by Ganganath Jha:

See Atharva Veda 2.12; Chāndogya Upaniṣad 6.16.1.

‘Kṣipram’ — ‘Within fourteen days’ (Medhātithi); ‘within three fortnights’ (Rāghavānanda).

This verse is quoted in Kṛtyakalpataru (62b).

 

Comparative notes by various authors:

(verses 8.114-116)

See Comparative notes for Verse 8.114.

 

 

VERSE 8.116

Section XVIII - Oaths and Ordeals

 

वत्सस्य ह्यभिशस्तस्य पुरा भ्रात्रा यवीयसा ।
नाग्निर्ददाह रोमापि सत्येन जगतः स्पशः ॥११६॥

vatsasya hyabhiśastasya purā bhrātrā yavīyasā |
nāgnirdadāha romāpi satyena jagataḥ spaśaḥ ||116||

 

Formerly when Vatsa was accused by his younger brother, fire, the world’s spy, did not burn even a hair of his, because of truth. — (116)

 

Medhātithi’s commentary (manubhāṣya):

Question. — “How can it be that fire shall not burn or that water shall not throw up? Certainly elemental substances never renounce their natural functions, being as they are unconscious entities.”

It is in anticipation of this objection that the author corroborates his statement by means of a commendatory story. Though the matter in question is one that can he ascertained either by positive and negative induction, or by direct perception, — yet there may he people who would regard such phenomena in the same light as a magical performance, and so would be inclined to take all that is said regarding oaths and ordeals merely as intended to frighten the person into telling the truth; just in the same way as verbal threats and angry staring, etc., are used to make men tell the truth; — and it is in view of this contingency that the author has cited an instance from the Veda; as there are men who become convinced of the truth of a statement when it is corroborated by past occurrences.

Vatsa was a sage of the family of Kaṇva; he was ‘accused’ — blamed — by his younger step-brother, of being not a Brāhmaṇa, but a Śūdra, whereupon he said — ‘By truth, I enter fire, if I be not a Brāhmaṇa’; when having said this, he entered the fire, ‘the fire did not burn even his hair’; — and why? — ‘because of truth.’

The question arising as to how fire can know the truth? — the answer is — ‘fire is the world’s spy.’ The man who, keeping his real character concealed, comes to know what is done and what is not done by others, is called ‘spy,’ known also by such names as ‘cāra’, ‘praṇidhi’ and so forth. The God Agni moves within all living beings, and as such, is cognisant of all that is done or not done. We read in the Tāṇḍya Brāhmaṇa that “Agni is one who lies within the gods as well as the Asuras; — Gautama, approaching fire, said ‘May you Sir, operate within all beings’; and then he goes on to say — ‘May you Sir, move about here as a spy.’” A similar passage from the Pañcaviṃśa-Brāhmaṇa may he quoted; — “Vatsa and Medhātithi were two sons of Kaśyapa; Medhātithi insulted Vatsa by saying — ‘thou art not a Brāhmaṇa’; and the only remedy of this was Fire.”

Objection. — “As a matter of fact however, it is found that real thieves are not burnt by fire (when undergoing the ordeal) while innocent persons are actually burnt. How then can any reliance he placed upon oaths and ordeals?”

Our answer is as follows: — The principle here laid down cannot be rejected simply on the strength of a perceptible miscarriage; because such miscarriages are very rare. In fact, even in the case of perception and other forms of valid cognition, such miscarriages are met with; and yet these are not regarded as untrustworthy. Further, it has been declared that ‘what is found to be wrong does not deserve the name of Perception, etc.; what is found to ho wrong is not Perception; and what is Perception is never wrong’; and on the analogy of this statement, it may be asserted that ‘what miscarries is not an ordeal, and what is an ordeal never miscarries.’ For what is an ‘ordeal’? It is that wherein the full procedure is observed, all obstructions in the shape of spells neutralising the force of the fire and so forth duly examined and removed; what is contary (contrary) to this is not an ordeal.

And certainly an ordeal of the said kind never miscarries. Even though there be some such miscarriage, it must be regarded as the result of some past act of the man; in fact even a real criminal comes to be acquitted by virtue of some previous meritorious act; while an innocent man becomes convicted by virtue of an evil deed committed in his past life. The causes leading up to the fruition of past acts are truly strange. But with all this, it is only in one ease among a thousand that an ordeal is found to fail; as a rule it is infallible; and it is exactly the same with the Putreṣṭi, the Kārīrī and such other Vedic sacrifices.

From all this it follows that reliance should be placed upon oaths and ordeals also, just as on witnesses; for these latter also speak falsely sometimes.

Thus then, what has been said regarding ordeals is not meant simply to frighten the man. In fact, in the case of the said ordeals, it is the truth that prevails. — (116)

 

Explanatory notes by Ganganath Jha:

“This story is told in Pañcaviṃśa Brāhmaṇa of the Sāma Veda” — Hopkins.

 

Comparative notes by various authors:

(verses 8.114-116)

See Comparative notes for Verse 8.114.

 

 

VERSE 8.117 [Effect of False Evidence upon the Suit]

Section XIX - Effect of False Evidence upon the Suit

 

यस्मिन् यस्मिन् विवादे तु कौटसाक्ष्यं कृतं भवेत् ।
तत् तत् कार्यं निवर्तेत कृतं चाप्यकृतं भवेत् ॥११७॥

yasmin yasmin vivāde tu kauṭasākṣyaṃ kṛtaṃ bhavet |
tat tat kāryaṃ nivarteta kṛtaṃ cāpyakṛtaṃ bhavet ||117||

 

In whatever suit false evidence should have been given, the effect of that shall cease, and what has been done shall be undone. — (117)

 

Medhātithi’s commentary (manubhāṣya):

In a suit where a decision should have been taken on the strength of lying witnesses, — that decision shall be reversed.

‘What is done shall be undone i.e., even though the creditor may have received the amount of debt claimed, he should be made to refund it; and the debtor shall be excused the fine that may have been imposed upon him. In a case where the victory was merely verbal, the verdict being simply ‘you are defeated,’ — the same shall be declared to be reversed.

The decision, carried into effect, even to the realisation of the fine, — is what is said to be ‘done’; and this ‘shall cease’, ‘become undone’; the repetition of the same idea serving the purpose of filling up the metre. — (117)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 2.77), to the effect that even though the case may have been decided, yet if, even subsequently it is found out that the witnesses had deposed falsely, — the decision should be upset; — in Smṛtisāroddhāra (p. 337); — in Kṛtyakalpataru (p. 65a); — and in Vīramitrodaya (Vyavahāra, 39b).

 

 

VERSE 8.118

Section XIX - Effect of False Evidence upon the Suit

 

लोभान्मोहाद् भयात्मैत्रात् कामात् क्रोधात् तथैव च ।
अज्ञानाद् बालभावात्च साक्ष्यं वितथमुच्यते ॥११८॥

lobhānmohād bhayātmaitrāt kāmāt krodhāt tathaiva ca |
ajñānād bālabhāvātca sākṣyaṃ vitathamucyate ||118||

 

Evidence is called ‘false,’ when it is due to greed, or embarrassment, or fright, or friendship, or lust, or anger, or ignorance, ok childishness. — (118)

 

Medhātithi’s commentary (manubhāṣya):

False evidence is due to greed and the rest. These have been enumerated for the purpose of determining the exact penalty.

‘False’ — untrue.

The Ablative throughout denotes cause. — (118)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 680), which adds the following notes: — False evidence is given only through these causes; — ‘lobha’ is greed for wealth, — ‘moha’ is mistake, — ‘ajñāna’, imperfect knowledge, — ‘bālabhāva’ extreme youth; — in Kṛtyakalpataru (37a); — and in Vīramitrodaya (Vyavahāra, 50b).

It is quoted also in Parāśaramādhava (Vyavahāra, p. 80).

 

Comparative notes by various authors:

(verses 8.118-123)

Śukranīti (4.5.337). — ‘The man who hears false evidence, and the man who suppresses evidence are to receive double punishment.’

Nārada (1.193-97). — ‘One who, weighed down by the consciousness of his guilt, looks as if he were ill, or shifts his position constantly, runs after everybody: — who walks involuntary and without reason, and draws deep sighs; who scratches the ground with his feet and who shakes his arms and clothes; — whose countenance changes colour, whose forehead sweats, whose lips become dry and who looks about and above himself; — who makes long and irrelevant speeches as if he were in a hurry, and without being asked; — such a person may be recognised as a false witness, and the King should punish that sinful man.’

Viṣṇu (8.18). — ‘A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.’

Do. (Aparārka, p. 680). — ‘Of false witnesses, the whole property should be confiscated.’

Yājñavalkya (2.81). — ‘Forgers and false witnesses should be separately punished with line which is double the value of the suit; but the Brāhmaṇa should be banished. The witness who having made a statement before others, conceals it from the court, through folly, — should be made to pay a fine eight times the value of the suit; but the Brāhmaṇa should he banished.’

 

 

VERSE 8.119 [Penalty for Perjury]

Section XX - Penalty for Perjury

 

एषामन्यतमे स्थाने यः साक्ष्यमनृतं वदेत् ।
तस्य दण्डविशेषांस्तु प्रवक्ष्याम्यनुपूर्वशः ॥११९॥

eṣāmanyatame sthāne yaḥ sākṣyamanṛtaṃ vadet |
tasya daṇḍaviśeṣāṃstu pravakṣyāmyanupūrvaśaḥ ||119||

 

I am going to explain, in due order, the particular punishments for him who should give false evidence from any one of these causes. — (119)

 

Medhātithi’s commentary (manubhāṣya):

The construction to be adopted in the following verse should be — ‘He who tells a lie through greed should be fined one thousand’ and so forth. — (119)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava, (Vyavahāra, p. 82); — and in Kṛtyakalpataru (37a).

 

Comparative notes by various authors:

(verses 8.118-123)

See Comparative notes for Verse 8.118.

 

 

VERSE 8.120

Section XX - Penalty for Perjury

 

लोभात् सहस्रं दण्ड्यस्तु मोहात् पूर्वं तु साहसम् ।
भयाद् द्वौ मध्यमौ दण्डौ मैत्रात् पूर्वं चतुर्गुणम् ॥१२०॥

lobhāt sahasraṃ daṇḍyastu mohāt pūrvaṃ tu sāhasam |
bhayād dvau madhyamau daṇḍau maitrāt pūrvaṃ caturguṇam ||120||

 

If through greed, he should be fined a thousand; if through embarrassment, the lowest amercement; if through fear, two middlling ones; if through friendship, four times the first. — (120)

 

Medhātithi’s commentary (manubhāṣya):

When the man deposes falsely after receiving a bribe from another person, his motive is greed.

‘Through embarrassment.’ — Though the man may be quite truthful, habituated to speak in strict accordance with what he has actually seen, yet on account of some distraction of the mind, at the time of his examination, he may be so confused as to be unable either to comprehend the question or to recall the exact facts of the case, and thereby he may make statements that are not true; in this case the reason is ‘embarrassment.’

‘Fright’ is fear, in the form of the suspicion — ‘if this man was to lose the case through my telling the truth, he would ruin me by injuring my relations, or by making me suffer financially.’

‘One thousand;’ — what is that to which this number appertains is to be learnt from other passages: they are ‘paṇas.’

‘Lowest amercement’ — i.e. 250 paṇas, as described under 138 below.

‘Two middling ones’ — i.e., amercements; the number being changed into the dual.

‘Four times the first,’ — i.e. 1,000 paṇas.

It is through metrical considerations that the same idea is expressed in various ways. — (120)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 82); — and in Mitākṣarā (on 2.811), which adds the following notes — ‘Lobha’ is greed for wealth, — ‘moha’, wrong information, — ‘bhaya’, fear, — ‘maitrī’, too much affection, — ‘kāma’, longing for intercourse with women, — ‘krodha’, anger. It adds that the 1,000 and other numbers refer to so many copper paṇas.

It is quoted in Aparārka (p. 680), which adds the following notes: — The numbers here mentioned refer to kārṣāpaṇas. Some people might think that there are two kinds of perjury — one through greed and the rest, for which the penalty shall he as prescribed by Manu, and another due to other causes, for which the penalty would be that prescribed by Yājñavalkya (2.81). But this would not he the right view, because as already shown by Manu (in 118), people commit perjury only through greed and other causes enumerated therein.

It is quoted in Vivādacintāmaṇi (p. 191), which says: — If the witness lie, through avarice, he should he fined 1,000 paṇas, — if through delusion, 250 paṇas, — if through fear 1,000 paṇas, — if through friendliness 1,000 paṇas; — and in Kṛtyakalpataru (37a), which says that ‘thousand’ paṇas are meant, — ‘mohāt’ means ‘through absent-mindedness’ — that ‘pūrva sāhasa’ stands for 250 paṇas, — ‘dvau madhyamau’ means ‘dvau madhyamau sāhasau’, which means 1,000 paṇas, — ‘pūrvam’ means ‘first amercement’, four times of which means 1,000 paṇas.

 

Comparative notes by various authors:

(verses 8.118-123)

See Comparative notes for Verse 8.118.

 

 

VERSE 8.121

Section XX - Penalty for Perjury

 

कामाद् दशगुणं पूर्वं क्रोधात् तु त्रिगुणं परम् ।
अज्ञानाद् द्वे शते पूर्णे बालिश्यात्शतमेव तु ॥१२१॥

kāmād daśaguṇaṃ pūrvaṃ krodhāt tu triguṇaṃ param |
ajñānād dve śate pūrṇe bāliśyātśatameva tu ||121||

 

If through lust, ten times the first; if through anger, three times the next; if through ignorance, full two hundred; and if through childishness, only a hundred. — (121)

 

Medhātithi’s commentary (manubhāṣya):

‘Lust,’ — sexual love: when females happen to be parties to the suit, the person who loves one of them, deposes falsely; and such a person should be fined 2,500 Paṇas.

‘If through anger, three times the next;’ — the ‘lowest amercement’ having been mentioned before, its ‘next’ is the ‘middling amercement.’ Or, on the basis of ordinary usage, ‘para’ may stand for the ‘highest.’

‘Through ignorance’; — he who, through mistake, should say what is contrary to busts, on the spur of the moment, — and not during his regular examination, — his punishment shall consist of ‘two hundred.’ This is meant to be merely suggestive of some sort of punishment to be inflicted; and hence it is not contrary (to what has been declared regarding the lowest fine to consist of 250).

‘Childishness’ — is childish character. The man who has not acquired steadiness of mind is called ‘childish.’ The punishment here laid down is for one who has just passed his minority; one who is still a minor cannot be a witness at all. — (121)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 680); — in Mitākṣarā (on 2.81), which adds the following notes: — ‘Ajñāna’ is imperfect knowledge, — and ‘bāliśya’, want of experience and knowledge; — in Parāśaramādhava (Vyavahāra p. 82); — in Vivādacintāmaṇi (p. 191), which says — ‘If the witness lies through sexual passion for some woman, he should be fined 2,500 paṇas, — if through anger, 2,000 paṇas, — if through ignorance, 200 paṇas’; — and in Kṛtyakalpataru (37b), which says ‘triguṇam param’ means ‘three times the middle amercement’, i.e., 1,500 paṇas, — ajñānāt’, from a wrong idea formed at the time of the transaction in question, — ‘bāliśya’ means ‘majority just attained’, a minor not being admissible as a witness.

 

Comparative notes by various authors:

(verses 8.118-123)

See Comparative notes for Verse 8.118.

 

 

VERSE 8.122

Section XX - Penalty for Perjury

 

एतानाहुः कौटसाक्ष्ये प्रोक्तान् दण्डान् मनीषिभिः ।
धर्मस्याव्यभिचारार्थमधर्मनियमाय च ॥१२२॥

etānāhuḥ kauṭasākṣye proktān daṇḍān manīṣibhiḥ |
dharmasyāvyabhicārārthamadharmaniyamāya ca ||122||

 

They declare these penalties for false evidence to have been prescribed by the wise, for the purpose that justice may not fail and injustice hay be prevented. — (122)

 

Medhātithi’s commentary (manubhāṣya):

With a view to indicating that it is necessary to inflict the punishments, the author shows that punishment serves two purposes.

Decision taken in strict accordance with Law and Usage is ‘Justice’; and its ‘non-failing’ consists in its not being thwarted; — and for this purpose the witnesses have to be punished. Though the real purpose of all this is the finding out of what has been done and what not done; and it is this that is reiterated here (in different words). — (122)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 82); — in Vivādacintāmaṇi (p. 191); — in Smṛticandrikā (Vyavahāra, p. 51); — and in Kṛtyakalpataru (37b).

 

Comparative notes by various authors:

(verses 8.118-123)

See Comparative notes for Verse 8.118.

 

 

VERSE 8.123

Section XX - Penalty for Perjury

 

कौटसाक्ष्यं तु कुर्वाणांस्त्रीन् वर्णान् धार्मिको नृपः ।
प्रवासयेद् दण्डयित्वा ब्राह्मणं तु विवासयेत् ॥१२३॥

kauṭasākṣyaṃ tu kurvāṇāṃstrīn varṇān dhārmiko nṛpaḥ |
pravāsayed daṇḍayitvā brāhmaṇaṃ tu vivāsayet ||123||

 

The king shall however fine and then banish the three castes giving false evidence; but the Brāhmaṇa he shall deprive of his clothes (and dwelling). — (123)

 

Medhātithi’s commentary (manubhāṣya):

The penalties prescribed above are for the first offenders; for repeated offenders there is fining, followed by ‘banishment,’ — i.e., expulsion from the kingdom; — or death; rules regarding the inflicting of such penalty being met with in political science.

‘But the Brāhmaṇa he shall deprive of his clothes’; — ‘vivāsana’ meaning depriving of clothes, or of dwelling. The verb is formed from the noun ‘vivāsa,’ ‘homeless,’ ‘clothesless,’ with the causal affix ‘ṇic,’ which makes the nominal verb ‘makes vivāsa.’

‘The three Castes’ — the Kṣatriya and the rest; — since for the Brāhmaṇa a separate punishment is prescribed. — (123)

 

Explanatory notes by Ganganath Jha:

‘Pravāsayet’ — ‘Banish’ (all concur). But Medhātithi suggests ‘put to death’, as an alternative; this is accepted by Mitākṣarā (see below).

‘Vivāsayet’ — ‘Should deprive him of his clothes (Medhātithi and Govindarāja), — ‘or homestead’ (Medhātithi, alternative); — ‘banish (without fining, as in the case of the other three castes)’ (Kullūka).

This verse is quoted in Mitākṣarā (on 2.81), which adds the following notes: — This rule is meant for repeated offence, as is clear from the present participle affix in ‘kurvāṇān’ (which implies habit); on the three castes, Kṣatriya and the rest, the king should impose the aforesaid fine and then put them to death; — the root ‘pravāsa’ is used in the sense of killing in works dealing with political science; and this part of the law-book is a treatise on that science. This putting to death is of various kinds — cutting the lips, cutting the tongue and actual killing; which one of these is to be adopted in any particular case will depend upon the nature of the case in regard to which the man may have given false evidence. The Brāhmaṇa, on the other hand, is to be fined and banished, removed from the kingdom; or ‘vivāsayet’ may mean deprive him of his clothes, strip him naked; — or again ‘vāsa’ meaning the dwelling house, ‘vivāsayet’ may mean ‘should deprive him of his house’, his house should be demolished. In the case of the Brāhmaṇa also, if the offence is the first one of its kind, and the man is not found to have been actuated by any such sordid motive as ‘greed’ and the rest, — only simple fine is to be imposed; but if the offence is repeated, there is to be fine and also ‘vivāsana’, i.e., banishment, or stripping naked, or rendering homeless; which one of these three is to be adopted will depend upon the character of the parties, the nature of the subject-matter of dispute and so forth. If the Brāhmaṇa is not found to have been actuated by greed or any such motive, if the offence is the first of its kind, and if the subject-matter of the dispute is a petty one, — then he also is to be only slightly fined, like the Kṣatriya and other lower castes; but if the subject-matter of the dispute is an important one, then he is to be banished. In the case of the offence being repeated, the punishment for all the castes is to be as prescribed by Manu.

This verse is quoted also in Aparārka (p. 680), which explains the meaning as follows: — The three lower castes are to be fined and banished, while the Brāhmaṇa is to be only banished) not fined; — though if the offence is repeated, or if the issues involved in the case are important, the Brāhmaṇa also may be fined.

It is quoted in Parāśaramādhava (Vyavahāra, p. 82); — in Vyavahāra-Bālambhaṭṭī (p. 119); — in Vivādacintāmaṇi (p. 191), which adds the note: — ‘If a Kṣatriya or a Vaiśya or a Śūdra is found to depose falsely repeatedly, he should, in addition to the aforesaid fines, be banished from the country, — and in the ease of a Brāhmaṇa, he should be banished with all his belongings’; — in Kṛtyakalpataru (37b), which explains ‘vivāsayet’ as ‘should he banished from the kingdom’; — and in Vīramitrodaya (Vyavahāra, 57a), which adds the explanation that — persons of the three castes other than the Brāhmaṇa are to he fined and then killed — the ‘killing’ consisting either in cutting off the lips or lopping off the tongue or down-right killing, in accordance with the gravity of the offence; — the Brāhmaṇa, is to be banished or rendered naked, — the verb ‘vivāsayet’ meaning ‘deprived of vāsa, habitation or clothes’. It adds that all this refers to cases of repeated perjury.

 

Comparative notes by various authors:

(verses 8.118-123)

See Comparative notes for Verse 8.118.

 

 

VERSE 8.124 [Corporal Punishment]

Section XXI - Corporal Punishment

 

दश स्थानानि दण्डस्य मनुः स्वयम्भुवोऽब्रवीत् ।
त्रिषु वर्णेषु यानि स्युरक्षतो ब्राह्मणो व्रजेत् ॥१२४॥

daśa sthānāni daṇḍasya manuḥ svayambhuvo'bravīt |
triṣu varṇeṣu yāni syurakṣato brāhmaṇo vrajet ||124||

 

Manu Svāyambhuva has named ten places for punishment, where it should be inflicted in the case of the three castes; but the Brāhmaṇa shall depart unscathed. — (124)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘sthāna’ ‘place,’ is synonymous with ‘subject’; the meaning being that the man should be made to suffer pain on these spots.

In as much as for the Brāhmaṇa also pecuniary punishment has been directly prescribed, it follows that what is said here in regard to his departing ‘unscathed’ is with reference to corporal punishment, which is forbidden in his case; even though ‘property’ also is included (in the next verse) among the ‘ten places.’

Our opinion however is that, in as much as one can be called ‘unscathed’ only when he has all his property also intact, pecuniary punishment also must be taken as forbidden in the case of the Brāhmaṇa; hence if a Brāhmaṇa, endowed with learning, character and noble birth, should, by chance, happen to commit a crime, there is no pecuniary punishment either. In fact, it is in reference to such a Brāhmaṇa that Gautama, having begun with the statement — ‘In this world there are two men firm in their vow,’ (8.1) — goes on to say, — ‘He should be excused from six.’ (8.13). — (124)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.26), as laying down the forms of ‘death,’ which means ‘corporal punishment;’ Bālambhaṭṭī adds that ‘vrajet’ means ‘should go away from home or from the city’; — in Vivādaratnākara (p. 630), which explains ‘akṣataḥ’ as ‘without corporal suffering’; — in Vīramitrodaya (Rājanīti, p. 293), as laying down the spots of the body where corporal punishment is to be inflicted upon all offenders, except the Brāhmaṇa; — and in Parāśaramādhava (Ācāra, p. 399 and Vyavahāra, p. 155), as laying down the ten forms of corporal punishment.

 

Comparative notes by various authors:

(verses 8.124-125)

Gautama (12.46-47). — ‘Corporal punishment must not be inflicted on the Brāhmaṇa. — Desisting from the deed, publicly proclaiming his crime, banishment and branding are the punishments to which a Brāhmaṇa may be subjected.’

Viṣṇu (5.1-8). — ‘Great criminals should all be put to death. In the case of the Brāhmaṇa no corporal punishment should be inflicted. A. Brāhmaṇa should be banished from his own country, his body having been branded; — for murdering another Brāhmaṇa, let the figure of a headless body be branded on his forehead; for drinking spirits, the flag of a wine-seller; for stealing gold, a dog’s foot; for incest, a female part; — if he has committed any other capital offence, he shall be banished, taking with him all his property, and unhurt.’

Nārada (114.8-10). — ‘For a crime of violence of the highest degree, a fine amounting to no less than a thousand Paṇas has been ordained. Moreover, corporal punishment, confiscation of the entire property, banishment from the town, branding, as well as amputation of the limb, is declared to be the punishment for a violent crime of the highest degree. This gradation of punishments has been ordained for all castes indiscriminately, excepting only corporal punishment in the case of a Brāhmaṇa, who should never he subjected to corporal punishment. Shaving his head, banishing him from the town, branding him on the forehead with a mark of the crime of which he has been convicted, and parading him on an ass, shall he the Brāhmaṇa’s punishment.’

Do. (15-16.20). — ‘The Brāhmaṇa and the King are exempt from censure and corporal punishment.’

Do. (15-16.22-31). — ‘If a Śūdra insults a member of a higher caste with invectives, he shall have his tongue cut out; if he refers to their name or caste contemptuously, an iron-rod ten inches long shall be thrust red-hot into his mouth; — if ho is insolent enough to teach duty to a Brāhmaṇa, the King shall have hot oil poured into his mouth and ears. With whatever limb a low caste man offends against a Brāhmaṇa, that very limb of his shall be cut off; such shall be the atonement for his crime. If a low-born man tries to place himself on the same seat as his superior, he shall be branded on his hip and banished; or he may have his backside gashed. If, through arrogance, he spits on his superior, the King shall have both his lips cut off; if he urinates on him, then his penis; if he breaks wind against him, the buttocks. If he pulls his superior by the hair, he shall have his hands cut off; likewise if he seizes him by the feet, beard, neck or scrotum. If a man censures a King who is devoted to the discharge of his duties, he shall have his tongue cut out, or his entire property confiscated. When an evil-minded person assails even a wicked king, he shall be fastened on a stake and burnt in fire.’

Nārada (Punishments, 41-439). — ‘Let him not on any account kill a Brāhmaṇa, though convicted of all crimes; he may at pleasure cause him to be banished; let the King take his entire wealth from him, or leave a fourth part of it; for four offences of a Brāhmaṇa, branding has been ordained.’

Bṛhaspati (21.8). — ‘For killing, capital punishment.’

Do. (21.15). — ‘If persons begotten in the inverse order of castes, and members of the lowest caste, should insult a Brāhmaṇa, they shall be corporally punished, and shall never be amerced in fine.’

Do. (22.10). — ‘Judges passing an unjust sentence, those who take bribes, and those who betray confidence, — all such shall be banished.’

Do. (22.17). — ‘House-breakers shall be impaled on a stake, and highwaymen shall be bound and hanged by the neck from a tree.’

Do. (22.20). — ‘Stealers of grass deserve to have a hand cut off.’

Nārada (Punishments, 36-37). — ‘Svāyambhuva Manu has declared ten spots of punishment which should be selected in punishing the lower castes; a Brāhmaṇa should remain uninjured always; — those places are the privy parts, the belly, the tongue, the two hands, and fifthly, the two feet; as well as the eye, the nose, the two ears, the property and the body.’

Bṛhaspati (27.9-10). — ‘Both hands, both feet, the male organ, the eye, the tongue, the ears, the nose, the neck, the half of the foot, the thumb and the index finger, the forehead, the lips, the hind part and the hips; — these fourteen spots of punishment have been indicated. For a Brāhmaṇa, branding on the forehead is the only kind of punishment. A Brāhmaṇa, though a mortal sinner, shall not suffer capital punishment; the King shall banish him and cause him to be branded and shaved.’

 

 

VERSE 8.125

Section XXI - Corporal Punishment

 

उपस्थमुदरं जिह्वा हस्तौ पादौ च पञ्चमम् ।
चक्षुर्नासा च कर्णौ च धनं देहस्तथैव च ॥१२५॥

upasthamudaraṃ jihvā hastau pādau ca pañcamam |
cakṣurnāsā ca karṇau ca dhanaṃ dehastathaiva ca ||125||

 

(1) The genital organ, (2) the stomach, (3) the tongue, (4) the hands, (5) the feet, (6) the eye, (7) the nose, (8) the ears, (9) the property and (10) the body. — (125)

 

Medhātithi’s commentary (manubhāṣya):

‘The genital organ’ — male and female. Here the places are only named; the exact form in which the punishment is to be inflicted on each ‘place’ shall be described later on. If, with reference to any ‘place,’ no particular form of punishment has been prescribed, the law is that the culprit shall suffer by that limb whereby he may have committed the wrong. Hence in cases of incest, punishment is inflicted on the genital organ; — in theft it is inflicted upon the stomach, in the form of starvation, etc.; — in the case of defamation, on the tongue, and in that of assault, on the hands; — when he trespasses with his feet, it is to be inflicted on the feet; — if he openly and fearlessly stares at the king’s wife, his punishment is inflicted on the eyes, — by smelling the (forbidden) odour of sandal-paint, he is punished on the nose; — if he should be found listening behind the wall or the curtain, while the king is holding secret council, the punishment should fall on his ears; — punishment regarding ‘property’ is well known; — the killing of the ‘body’ is done only in the case of the gravest offenders. — (125)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 156); — in Parāśaramādhava (Ācāra, p. 399); — in Vivādaratnākara (p. 630), which adds that this should not be taken to be an exhaustive list; — and in Vīramitrodaya (Rājanīti. p. 293), which adds that the punishment should be inflicted upon that part of the body by which the crime might have been committed.

It has been quoted in Mitākṣarā (2.26), which makes the remark that has been reproduced in Vīramitrodaya; — Bālambhaṭṭī adds the following notes: — ‘Dhana’ is mentioned among the ‘sthānas’ with a view to indicate that when the crime committed pertains to wealth, the punishment also should pertain to that only; or it may be that the punishment here meant is different from ‘fine’ (which is what has gone before), and may be taken to stand for that physical pain which is caused by the confiscation of some property; in the crime of adultery the punishment should fall on the sexual organ, — in that of eating improper food, on the stomach, such as starvation and so forth, — in defamation, on the tongue, such as cutting it off, — in theft, on the hands, — in misbehaviour with the feet, such as walking ahead of a superior person, on the feet, — in trying to look at the king’s harem, on the eyes, — in stealthily smelling his scents, on the nose, — in eaves-dropping on the king’s councils, on the ears, — in the case of heinous crimes, on the body, i.e., death.

 

Comparative notes by various authors:

(verses 8.124-125)

See Comparative notes for Verse 8.124.

 

 

VERSE 8.126 [Considerations regarding Punishments]

Section XXII - Considerations regarding Punishments

 

अनुबन्धं परिज्ञाय देशकालौ च तत्त्वतः ।
सारापराधो चालोक्य दण्डं दण्ड्येषु पातयेत् ॥१२६॥

anubandhaṃ parijñāya deśakālau ca tattvataḥ |
sārāparādho cālokya daṇḍaṃ daṇḍyeṣu pātayet ||126||

 

Having duly ascertained the motive and the time and place, and having taken into consideration the condition (of the accused) and the nature of the offence, — he shall inflict punishment upon those deserving punishment. — (126)

 

Medhātithi’s commentary (manubhāṣya):

This verse forms the basis for all penalties and offences, described above; and it is in accordance with this that all punishment is to be determined.

‘Motive,’ ‘anubandha,’ literally means repealed action or that which leads to repeated action; the meaning thus is that the king shall ascertain what it was that led the man to commit the offence, i.e., he shall find out if he was urged to it by the starving condition of his family, or by association with criminals, or by reason of his being addicted to drink and gambling, — and if he did it intentionally or by mistake, — if he was urged to it by another person, or he did it voluntarily. These are the points to be considered in the ascertaining of the man’s ‘motive.’

‘Place,’ — a village, forest, granary or pasture-ground.

‘Time’ — whether it was night or day; whether it was a time of scarcity or of plenty; whether the criminal is a youth or a full-grown person.

‘Condition,’ — capability or otherwise to suffer the penalty, — whether he is rich or poor.

‘Offence’ — under which of the eighteen categories the act falls.

Having, in due order, considered all this, the king shall ‘inflict the punishment,’ — so that the condition of the society may not suffer. — (126)

 

Explanatory notes by Ganganath Jha:

‘Anubandham’ — ‘Motive or frequency’ (Medhātithi and Govindarāja) — ‘frequency’ (Kullūka and Nārāyaṇa).

‘Sārāprādhau’ — Nandana reading ‘Sārāsārau,’ explains it as ‘strength or weakness of the offender.’

Tins verse is quoted in Vivādaratnākara (p. 627), which explains ‘Sāra’ as strength and ‘anubandha’ as ‘repetition of the improper act.’

 

Comparative notes by various authors:

Gautama (12.51). — ‘The award of punishment must be regulated by a consideration of the status of the criminal, of his bodily strength, of the nature of the crime, and whether the offence has been repeated.’

Yājñavalkya (1.367). — ‘On those deserving punishment, the King shall inflict punishment after having considered the nature of the crime, the time, place and strength of the criminal, as also his age, conduct and wealth.’

Nārada (Punishments, 38). — ‘After carefully considering the nature of the offence, the place and time, and after examining the ability of the offender, and his motive, he shall inflict the punishments.’

Bṛhaspati (27.4-7). — ‘When he has discovered a man to be an offender, the King should inflict on him, reprimand, reproach or corporal chastisement, or one of the four grades of fines. He shall inflict gentle reprimand when the offence is very light; harsh reproach for a crime of the first degree; a fine for a crime of the middlemost degree, and arrest in the case of high treason. Banishment also may be resorted to by a king desirous of promoting his own welfare;...... and all the various forms of punishment should be combined in the case of one who has committed a mortal sin. The King should punish elders, domestic priests and persons commanding respect, with admonition only; other litigants he should punish with fine, when they are found guilty; and on the perpetrators of a heavy crime, he should inflict corporal punishment.’

 

 

VERSE 8.127

Section XXII - Considerations regarding Punishments

 

अधर्मदण्डनं लोके यशोघ्नं कीर्तिनाशनम् ।
अस्वर्ग्यं च परत्रापि तस्मात् तत् परिवर्जयेत् ॥१२७॥

adharmadaṇḍanaṃ loke yaśoghnaṃ kīrtināśanam |
asvargyaṃ ca paratrāpi tasmāt tat parivarjayet ||127||

 

Unjust punishment is destructive of reputation among men and subversive of fame; in the other world also it leads to loss of heaven; he shall therefore avoid it. — (127)

 

Medhātithi’s commentary (manubhāṣya):

‘Unfair punishment’ is that punishment, that savours strongly of injustice; — i.e., one that takes no account of what has been just said, and which is determined cither entirely on the basis of the letter of the law, or by the king’s whim, or by love, hatred and such other feelings.

Such a punishment is ‘destructive of reputation,’ also ‘subversive of fame’; ‘reputation’ consists in the man’s good qualities being known in his own country, while ‘fame’ in their being known in foreign countries. Or ‘reputation’ may consist in one’s good name during life. — Or the passage being a purely commendatory one, some other distinction may be drawn.

‘Leads to loss of heaven’; — i.e., obstructs the passage to heaven, that might have been opened by other meritorious deeds.

‘In the other world’; — this has been added for filling up the metre; ‘heaven’ itself being the other world. — (127)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 649).

 

Comparative notes by various authors:

(verses 8.127-128)

Vaśiṣṭha (19.42-45). — ‘If an innocent person is punished, the domestic priest shall perform a Kṛcchra penance; and the King shall fast during three days and nights.’

Yājñavalkya (1.356, 358). — ‘Punishment illegally inflicted by the King destroys heaven, fame and worldly prosperity; legally inflicted, it brings to the King heaven, fame and victory. If the King punishes those who deserve punishment, and if he kills those who deserve to be killed, he offers, thereby, sacrifices at which excellent sacrificial fees are given.’

Nārada (Punishments, 61). — ‘Let the King, faithful to the tenets of the sacred law, practise the duties of his office and follow the rule of inflicting punishment. Let him destroy, as governor, the evil-doers, after having traced them by cunning stratagems and arrested them.’

Kātyāyana (Vivādaratnākara, p. 649). — ‘By not chastising evil-doers, and by punishing those who are already submissive, kings and ministers incur sin.’

 

 

VERSE 8.128

Section XXII - Considerations regarding Punishments

 

अदण्ड्यान् दण्डयन् राजा दण्ड्यांश्चैवाप्यदण्डयन् ।
अयशो महदाप्नोति नरकं चैव गच्छति ॥१२८॥

adaṇḍyān daṇḍayan rājā daṇḍyāṃścaivāpyadaṇḍayan |
ayaśo mahadāpnoti narakaṃ caiva gacchati ||128||

 

The king, punishing those who do not deserve to be punished, and not punishing those who deserve to be punished, attains great ill-fame and goes to hell. — (128)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse was supplementary to the injunction regarding the consideration of the ‘motive’ and other things; while the present verse prohibits the punishing of persons who are not guilty of any offence, and enjoins that of those who are guilty; — and this is emphasised because of the possibility of the king regarding punishment as futile and hence omitting to inflict it, which would lead to much evil. — (128)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 649); — in Parāśaramādhava (Ācāra, p. 391), as prohibiting the punishment of the innocent; — in Parāśaramādhava (Vyavahāra, p. 25); — in Mitākṣarā (2.1), to the effect that the non-investigation of cases as well as the wrong investigation of them, — both bring sin upon the king; — in Nītimayūkha (p. 59); — and in Nṛsiṃhaprasāda (Vyavahāra, p. 5a).

 

Comparative notes by various authors:

(verses 8.127-128)

See Comparative notes for Verse 8.127.

 

 

VERSE 8.129

Section XXII - Considerations regarding Punishments

 

वाग्दण्डं प्रथमं कुर्याद् धिग्दण्डं तदनन्तरम् ।
तृतीयं धनदण्डं तु वधदण्डमतः परम् ॥१२९॥

vāgdaṇḍaṃ prathamaṃ kuryād dhigdaṇḍaṃ tadanantaram |
tṛtīyaṃ dhanadaṇḍaṃ tu vadhadaṇḍamataḥ param ||129||

 

First of all, he shall inflict punishment in the form of reprimand, then in the form of reproach, thirdly in the form of fine, and after that the death-penalty. — (129)

 

Medhātithi’s commentary (manubhāṣya):

If the guilty person is a good man and has committed a slight offence, and for the first time, then he is only reprimanded: ‘you have not acted well, do not do it again.’

If, on being thus reprimanded, the man does not desist, or goes on to say ‘what is there wrong in this?’ — then he is rebuked with such harsh reproachful words as ‘fie,’ ‘shame’ and so forth.

If he does not desist even when thus rebuked, he should be punished with fine, in accordance with the Law.

If he does not mind the fine either through folly or pride of wealth, — then he should be killed. This ‘death-penalty’ consists in the cutting off of certain limbs, etc., and not necessarily in actually killing the man; as is clear from what follows in the next verse. — (129)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (1.366), which, in quoting it, transposes, ‘vāgdaṇḍam’ and ‘dhigdaṇḍam,’ — such reading is more in keeping with Yājñvalkya’s text (1.356), — and it explains ‘dhigdaṇḍa’ as addressing such terms as ‘fie upon thee,’ — and ‘vāgdaṇḍa’ as ‘pronouncing a terrible curse

It is quoted in Parāśaramādhava (Vyavahāra, p. 156); as laying down the order of sequence among the various forms of punishment; it explains vāgdaṇḍa as pronouncing a terrible curse (reproducing the exact words of Mitākṣarā) and ‘dhigdaṇḍa’ as ‘chiding with such words as fie and the like.’

It is quoted in Vivādaratnākara (p. 630), which adds the following notes: — ‘vāgdaṇḍa’, ‘thou hast not done right,’ — ‘dhigdaṇḍa’, ‘fie upon thee, damned sinner.’

It is quoted in Vīramitrodaya (Rājanīti, p. 273), which adds the following notes: — The first two forms of punishment are meant for light offences; ‘vadhadaṇḍa’ means corporal punishment, which has to be inflicted upon all except the Brāhmaṇas.

 

Comparative notes by various authors:

(verses 8.129-130)

Yājñavalkya (1.366). — ‘Punishment in the form of Reproach, (2) in the form of Reprimand and (3) in the form of Fine, — shall be inflicted either severally or collectively, in accordance with the nature of the offence.’

Bṛhaspati (27.4-5). — (See under 120.)

 

 

VERSE 8.130

Section XXII - Considerations regarding Punishments

 

वधेनापि यदा त्वेतान्निग्रहीतुं न शक्नुयात् ।
तदेषु सर्वमप्येतत् प्रयुञ्जीत चतुष्टयम् ॥१३०॥

vadhenāpi yadā tvetānnigrahītuṃ na śaknuyāt |
tadeṣu sarvamapyetat prayuñjīta catuṣṭayam ||130||

 

When however he is not able to restrain them even by the ‘death-penalty,’ — then he should inflict on them all these four. — (130)

 

Medhātithi’s commentary (manubhāṣya):

If actual killing were meant by ‘death-penalty,’ then what would be there that could not be done by it? How too would the penalty not restrain a crime?

On persons not resuming good behaviour after being rebuked, ‘ — fine’ and the ‘death-penalty,’ i. e., corporal punishment, should be conjointly inflicted. If, even after corporal punishment, the man does not desist, the king shall not ignore him, — under the impression that he has already inflicted the legal punishment, — but he shall inflict actual ‘death-penalty.’

The present verse has been added with a view to indicate that the matter of fines and death-penalty is going to be taken up again later on.

As regards verbal punishment, it being too gentle, who would mind it? If the man has been punished with a fine, and even then does not desist, the ‘death-penalty’ shall be inflicted in the form of the cutting off of the fingers and so forth, as described below under 9.277. — (130)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 630), which explains vadhena as ‘beating;’ — and in Vyavahāra Bālambhaṭṭī (p. 111).

 

Comparative notes by various authors:

(verses 8.129-130)

See Comparative notes for Verse 8.129.

 

 

VERSE 8.131 [Measures]

Section XXIII - Measures

 

लोकसंव्यवहारार्थं याः सञ्ज्ञाः प्रथिता भुवि ।
ताम्ररूप्यसुवर्णानां ताः प्रवक्ष्याम्यशेषतः ॥१३१॥

lokasaṃvyavahārārthaṃ yāḥ sañjñāḥ prathitā bhuvi |
tāmrarūpyasuvarṇānāṃ tāḥ pravakṣyāmyaśeṣataḥ ||131||

 

I am going to describe fully, for the sake of business-transactions, those technical terms that are used in the world in connection with silver and gold. — (131)

 

Medhātithi’s commentary (manubhāṣya):

Objection. — “Such terms as ‘likṣā’ (Louse-egg) and the rest, pertaining to copper and other metals are already well known in the world; what is the use of propounding a scriptural definition? They could he learnt from the usage of experienced men, just as the exact denotation of such words as ‘cow’ and the like is learnt.”

It is in view of this objection that the author has added the phrase ‘for the sake of business-transactions’; ‘sake’ here denotes sphere; hence the meaning is that what is adopted as the basis here is usage in actual business (and not ordinary usage).

“In that case, standing on the same footing as such words as ‘cow’ and the like, they would he learnt from actual business-usage; what is the use of setting forth a scriptural injunction?”

The answer to this is that the Injunction is put forth for the purposes of restriction. There being several other such terms in use in connection with iron, bell-metal, gold and other metals, it is with a view to preclude these that the author has laid down the present injunction; as also for precluding the difference in the measures, which is met with in certain localities. For instance, in some localities, a pala is regarded as made of 40 māṣas, while in others of 64, and in others again of 108, and so forth. And all this diversity is precluded and one definite measure is laid down here.

The verse is to be construed as follows — ‘these terms that are used in the world, I am going to describe for the sake of business-transactions,’ — so that the business-transactions of all men may be carried on with the help of those same technical terms; and incidentally the rules relating to these also would become clearer. — (131)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115); — in Vivādaratnākara (p. 665), which explains the construction as ‘those that are generally used, these I am going to describe, explain, for the purpose of transactions among men’; — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, p. 4a).

 

Comparative notes by various authors:

(verses 8.131-137)

Viṣṇu (4.1-13). —

‘The dust-mote discernible in the sunbeam passing through a lattice is called Trasareṇu; —

three Trasareṇus make one nit;

3 nits make 1 Black mustard-seed.

3 Black mustard seeds make 1 white mustard seed.

6 white mustard seeds make 1 Barley-corn.

3 Barley-corns make 1 Kṛṣṇala.

5 Kṛṣṇalas make 1 Māṣa.

12 Māṣas make ½ Akṣa.

½ Akṣa plus 4 Māṣas make 1 Suvarṇa.

4 Suvarṇas make 1 Niṣka.

2 Kṛṣṇalas make 1 Silver Māṣaka.

16 Silver-Māṣakas make 1 Dharaṇa of silver.

1 Karṣa or 80 Raktikas of copper make 1 Kārṣāpaṇa.

250 Copper Paṇas make the first or lowest amercement.

500 Copper Paṇas make the middlemost amercement.

1,000 Copper Paṇas make the Highest amercement.

Yājñavalkya (1.361-364). —

‘One Dust-mote in the Sun’s beam makes 1 Trasareṇu,

8 Trasareṇus make 1 Likṣā,

3 Likṣās make 1 Rājasarṣapa (black mustard seed),

3 Black mustard seed make 1 White mustard seed,

6 White mustard seeds make 1 Barley-corn,

3 Barley-corns make 1 Kṛṣṇala,

5 Kṛṣṇalas make 1 Māṣa,

16 Māṣas make 1 Suvarṇa,

4 or 5 Suvarṇas make 1 Pala,

2 Kṛṣṇalas make 1 Māṣa (silver),

16 Māṣas (silver) make 1 Dharaṇa,

10 Dharaṇas make 1 Śatamāna or Pala (silver),

4 Suvarṇas make 1 Niṣka,

Copper, ¼ Pala (gold) in weight make 1 Paṇa (copper),

1080 Paṇas make the highest amercement,

540 Paṇas make the middlemost amercement,

270 Paṇas make the lowest amercement.’

Nārada (Punishments, 57 et seq.). — ‘Kārṣāpaṇa is a silver-coin in the Southern country; in the East it is equal to 20 Paṇas; — a Māṣa is the twentieth part of a Kārṣāpaṇa; — a Kākanī is the fourth part of a Māṣa or Pala; — a Kārṣāpaṇa is equal to an Aṇḍikā; four Aṇḍikās make one Dhānaka; twelve Dhānakas make one Suvarṇa, otherwise called Dīnāra.’

Arthaśāstra (p. 256). —

‘10 Dhānya-māṣaka or 5 Guñjās = 1 Suvarṇa-māṣaka.

16 Suvarṇa-māṣakas = 1 Suvarṇa or 1 Karṣa.

4 Karṣas = 1 Pala.

80 white mustard seeds = 1 Māṣaka (silver).

16 Māṣaka (silver) or 20 Śambya berries = 1 Dharaṇa.

20 Rice-grains = 1 Dharaṇa (Diamond).

The weights are — ½ Māṣaka, 1 Māṣaka, 2 Māṣakas, 4 Māṣakas, 8 Māṣakas, Suvarṇa, 2 Suvarṇas, 4 Suvarṇas, 8 Suvarṇas, 10 Suvarṇas, 20 Suvarṇas, 30 Suvarṇas, 40 Suvarṇas, 100 Suvarṇas.’

Bṛhaspati (Parāśaramādhava-Vyavahāra, p. 116). — ‘Copper 1 Karṣa in weight makes the coin called Paṇa, also called Candrikā; — 4 Paṇas make one Dhānaka; — 12 Dhānakas make one Suvarṇa, also called Dīnāra

Vyāsa (Do. p. 117). — ‘Eight Palas make 1 Suvarṇa; — 14 Suvarṇas make one Niṣka.

 

 

VERSE 8.132

Section XXIII - Measures

 

जालान्तरगते भानौ यत् सूक्ष्मं दृश्यते रजः ।
प्रथमं तत् प्रमाणानां त्रसरेणुं प्रचक्षते ॥१३२॥

jālāntaragate bhānau yat sūkṣmaṃ dṛśyate rajaḥ |
prathamaṃ tat pramāṇānāṃ trasareṇuṃ pracakṣate ||132||

 

The small mote that is seen when the sun shines through a lattice-hole they declare to be the ‘triad,’ the very first of measures. — (132)

 

Medhātithi’s commentary (manubhāṣya):

Some people do not read this verse as part of the text, on the ground that there is no difference of opinion regarding the ‘Triad.’

When the sun shines through a window-hole or lattice, we see a particle of dust; it is this that is called ‘Triad.’

‘Antara’ means hole.

‘This is the very first of measures’ — (132)

 

Explanatory notes by Ganganath Jha:

The ‘Trasareṇu’, Triad,’ consists of three diads, each ‘diad’ consisting of two ‘aṇus’ or atoms.

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115); — in Vivādaratnākara (p. 665); — in Smṛtitattva (II, p. 580); in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, p. 4a).

 

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

 

 

VERSE 8.133

Section XXIII - Measures

 

त्रसरेणवोऽष्टौ विज्ञेया लिक्षैका परिमाणतः ।
ता राजसर्षपस्तिस्रस्ते त्रयो गौरसर्षपः ॥१३३॥

trasareṇavo'ṣṭau vijñeyā likṣaikā parimāṇataḥ |
tā rājasarṣapastisraste trayo gaurasarṣapaḥ ||133||

 

Eight Triads should be known as one ‘Louse-egg’ in measure; three of these as one ‘Black Mustard’; and three of these latter as a ‘White Mustard.’ — (133)

 

Medhātithi’s commentary (manubhāṣya):

The gradually ascending measures are now described.

The term ‘likṣā,’ ‘louse’ does not stand for the sweat-born insect, when it is said that ‘three Louse-eggs make one Black Mustard’; what is meant is that the three of the measures known as the ‘Louse-egg’ make one of that particular measure which is known as ‘Black Mustard.’ This meets those objectors who argue that the ‘barley-grain,’ etc., that we see are not found to be exactly of the same size as those described here. Because the measure here described is not of the barley and other grains; what is meant is that these terms constitute the names of those particular measures. The subject has been introduced also with the words — ‘I am going to describe the measures.’

The ‘Triad’ is an object whose measure is fixed; and through this Triad all the other measures are to be determined. Clever men are capable of forming compounds of ‘Triads’; so that the text has not put forward anything impossible or unknown. What is here described becomes clear by referring to the opinions and ideas current among goldsmiths. In fact the details of the subject can be ascertained only by referring to them. — (133)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 666); — in Parāśaramādhava (Vyavahāra, p. 115); — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna 4a).

 

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

 

 

VERSE 8.134

Section XXIII - Measures

 

सर्षपाः षड् यवो मध्यस्त्रियवं त्वेककृष्णलम् ।
पञ्चकृष्णलको माषस्ते सुवर्णस्तु षोडश ॥१३४॥

sarṣapāḥ ṣaḍ yavo madhyastriyavaṃ tvekakṛṣṇalam |
pañcakṛṣṇalako māṣaste suvarṇastu ṣoḍaśa ||134||

 

Six ‘mustards’ make one middling ‘barley-corn’; three of these make one ‘guñjā-berry’; a ‘bean’ is made of five ‘guñja-berries;’ and sixteen ‘beans’ make one ‘gold-piece.’ — (131)

 

Medhātithi’s commentary (manubhāṣya):

“The term ‘middling’ is likely to lead to mistakes. If the names here put forward are meant to be denotative of the size of the objects named, then the addition of the epithet ‘middling’ has some meaning, — the sense being that the size of the ‘Mustard’ here meant is that of a mustard grain which is neither too large nor too small. If, on the other hand, the terms are put forward as mere technical names, then there can be no sense in the term ‘middling,’ — the term ‘barleycorn’ being a mere technical name (standing for the grain).”

This is not right. This is not a prose-treatise, that we should seek for the justification of every expression used; it is a metrical treatise, and as such sometimes even irrelevant expressions are introduced for the purpose of filling up the metre. As a matter of fact, however, there is some relevancy in the present case; if it were something wholly irrelevant it would interfere with the comprehension of the sentence as a whole, and would thereby vitiate its authority. But there is nothing irrelevant here; the fact is that the ‘barley-corn’ being mentioned in the middle of the entire table of measures — beginning with the ‘Triad’ and ending with the ‘Śatamūna,’ — the epithet ‘middling’ has been added to it in the sense that the particular measure known as the ‘barleycorn’ occurs in the middle of the whole table of measures.

The term ‘pañcakṛṣṇalika’ is formed with the ‘ṭhin’ affix, the sense being ‘that which is made up of five ‘Kṛṣṇalas.’ If the reading is ‘pañcakṛṣṇalika,’ it should be treated as a Bahuvrīhi compound, ending with the ‘kap’ affix.

Sixteen of these ‘guñjā-berries’ make one ‘gold-piece.’ — (134)

 

Explanatory notes by Ganganath Jha:

The Kṛṣṇala is the same as the Raktikā (Vern. Ratti), equivalent to 122 grammes or 1.875 grains.

“The tines in court were reckoned as so many paṇas, one paṇa being the same as a karṣa = 16 Māṣa = 80 Kṛṣṇala. Some of the weights mentioned are, confined to gold — Suvarṇa and Niṣka; some to silver — Purāṇa and Śatamāna; and some are used for both — kṛṣṇala, paṇa māṣa, pala, dharaṇa, the last at times of copper.” — Hopkins.

This verse is quoted in Vivādaratnākara (p. 666) which explains ‘madhyaḥ’ as ‘neither large nor small’; — and in Parāśaramādhava (Vyavahāra, p. 115), which adds that the name ‘māṣa’ is applied to the sixteenth part of the ‘suvarṇa’, and ‘kṛṣṇala’ to the third part of the ‘kaṛsa’, which latter is the fifth part of the ‘māṣa’. It remarks that ‘karṣa’ is one of the names of silver.

It is quoted in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, 4a).

 

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

 

 

VERSE 8.135

Section XXIII - Measures

 

पलं सुवर्णाश्चत्वारः पलानि धरणं दश ।
द्वे कृष्णले समधृते विज्ञेयो रौप्यमाषकः ॥१३५॥

palaṃ suvarṇāścatvāraḥ palāni dharaṇaṃ daśa |
dve kṛṣṇale samadhṛte vijñeyo raupyamāṣakaḥ ||135||

 

Four ‘gold-pieces’ make one ‘pala,’ ten palas one ‘dharaṇa’; and two ‘guñja-berries’ of equal weight should be known as one ‘silver-bean.’ — (135)

 

Medhātithi’s commentary (manubhāṣya):

‘Pala’ is the name, and ‘gold-piece’ the thing named, ‘four’ is its qualifying adjunct.

‘Two kṛṣṇalas’ is the thing named, and the compound term ‘Silver-Bean’ the name.

“What the text declares is that when we come to ascertain the exact measure of the ‘Bean’ in connection with silver, we have to understand it us being equal to ‘two guñja-berries.’ Now this makes the measure indefinite.”

It is in view of this that the text has added the epithet ‘of equal weight’; i.e., the two are to be held on each pan of the weighing-scale, without any other kinds of measure. The sense of this epithet has to be explained on the same lines as that of the epithet ‘middling’ (in verse 134); and its use lies in the fact that if unequal beans were meant, the weight would remain indefinite. — (135)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115); — in Vivādaratnākara (p. 666), which adds that the construction is ‘daśapalāni dharaṇam’; — in Hemādri (Vrata, p. 58); — and in Nṛsiṃhaprasāda (Dāna, 4a).

 

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

 

 

VERSE 8.136

Section XXIII - Measures

 

ते षोडश स्याद् धरणं पुराणश्चैव राजतः ।
कार्षापणस्तु विज्ञेयस्ताम्रिकः कार्षिकः पणः ॥१३६॥

te ṣoḍaśa syād dharaṇaṃ purāṇaścaiva rājataḥ |
kārṣāpaṇastu vijñeyastāmrikaḥ kārṣikaḥ paṇaḥ ||136||

 

Sixteen of these latter make one ‘silver-dharaṇa’ or ‘purāṇa’; and a ‘karṣa’ of copper is to be known as ‘kārṣāpaṇa’ or ‘paṇa.’ — (136)

 

Medhātithi’s commentary (manubhāṣya):

Sixteen ‘Silver-Beans’ make a ‘Silver-Dharaṇa’; of which the other name is ‘Purāṇa.’

‘Kārṣāpaṇa’ and ‘Paṇa’ are the two names of the ‘Copper-karṣa’; the term ‘Karṣa’ is used here in the sense in which it is used among the people, and it is not used in any technical sense, in the way in which ‘Kṛṣṇala’ and other terms have been used. — (136)

 

Explanatory notes by Ganganath Jha:

“Karṣa = 16 Māṣas = 80 Kṛṣṇalas.” — Buhler.

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115), which adds that the names ‘purāṇa’ and ‘dharaṇa’ stand for the tenth part of a ‘pala’ of silver; the name, ‘māṣa’ as applied to silver, stands for the fortieth part of the ‘karṣa’.

It is quoted in Vivādaratnākara (p. 666), which explains the construction as ‘dharaṇam rājatam purāṇaśca rājataḥ’; and explains that ‘kārṣāpaṇa’ and ‘paṇa’ are the names of the copper ‘karṣa’.

It is quoted in Mitākṣarā (1.364 and 365), to the effect that ‘dharaṇa’ is only another name for ‘purāṇa’; and adds the explanation that a piece of copper one karṣa in weight is called ‘paṇa’, and also ‘kārṣāpaṇa’; — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, 4a).

 

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

 

 

VERSE 8.137

Section XXIII - Measures

 

धरणानि दश ज्ञेयः शतमानस्तु राजतः ।
चतुःसौवर्णिको निष्को विज्ञेयस्तु प्रमाणतः ॥१३७॥

dharaṇāni daśa jñeyaḥ śatamānastu rājataḥ |
catuḥsauvarṇiko niṣko vijñeyastu pramāṇataḥ ||137||

 

Ten ‘dharaṇas’ are to be known as the ‘silver śatamāna’ (centimetre); and the ‘niṣka’ should be understood as four ‘gold-pieces’ in weight. — (137)

 

Medhātithi’s commentary (manubhāṣya):

‘Śatamāna,’ ‘Centimetre,’ is the name for ten ‘Dharaṇas’; here the term ‘Silver’ includes Gold also. Hence the name ‘Śatamāna’ here put forth is applicable to both gold and silver; but its exact measure when applied to gold is to be ascertained from other treatises; since it is here distinctly specified as the ‘Silver-Śatamāna’ — (137)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 666); — in Parāśaramādhava (Vyavahāra, p. 115), which adds that the terms ‘nīṣka’ and ‘śatamāna’ are applied to one pala of silver; — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, 4a).

 

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

 

 

VERSE 8.138 [Grades Of Fine]

Section XXIV - Grades Of Fine

 

पणानां द्वे शते सार्धे प्रथमः साहसः स्मृतः ।
मध्यमः पञ्च विज्ञेयः सहस्रं त्वेव चोत्तमः ॥१३८॥

paṇānāṃ dve śate sārdhe prathamaḥ sāhasaḥ smṛtaḥ |
madhyamaḥ pañca vijñeyaḥ sahasraṃ tveva cottamaḥ ||138||

 

The first amercement has been declared to be two hundred and fifty paṇas; the middling is to be known as five hundred; and the highest as a thousand. — (138)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘amercement’ is to be construed also with the terms ‘middling’ and ‘highest’; though in other treatises these two terms are found to be used by themselves also: — e.g., the punishment with these is the ‘Highest.’ From the point of view of the scriptures, and also from the juxtaposition of the words, they are to be regarded as qualifying ‘amercement.’

The words of the text are quite clear. — (138)

 

Explanatory notes by Ganganath Jha:

‘Sahasram’ — “Copper paṇas are meant” — Hopkins.

This verse is quoted in Mitākṣarā (1.366), which remarks that the fines here prescribed pertain to offences committed unintentionally; — in Aparārka, (p. 592), which adds that these pertain to slight offences; — in Vivādaratnākara (p. 665); — in Vīramitrodaya (Rājanīti, p. 295), which reproduces the words of Aparārka; — in Vyavahāra-Bālambhaṭṭī (p. 938); — and in Vivādacintāmaṇi (p. 192), which says that the numbers refer to copper kārṣāpaṇas.

 

Comparative notes by various authors:

Viṣṇu (4.14). — ‘250 copper Paṇas constitute the first amercement; 500 Paṇas the middlemost amercement; 1,000 Paṇas, the highest amercement.’

Yājñavalkya (1.364). — ‘1,080 Paṇas constitute the highest amercement; 540 Paṇas, the middlemost; — 270 Paṇas, the lowest.’

Śaṅkha-Likhita (Vivādaratnākara, p. 664). — ‘From 24 to 91 is the first amercement, 200 to 500, the middlemost amercement; 600 to 1,000, the highest amercement; to he determined in accordance with the resources of the culprit and the nature of his offence.’

Nārada (Do.). — ‘24 to 96 is the first amercement; 200 to 500, the middlemost; 500 to 1,000 the highest.’

 

 

VERSE 8.139

Section XXIV - Grades Of Fine

 

ऋणे देये प्रतिज्ञाते पञ्चकं शतमर्हति ।
अपह्नवे तद् द्विगुणं तन् मनोरनुशासनम् ॥१३९॥

ṛṇe deye pratijñāte pañcakaṃ śatamarhati |
apahnave tad dviguṇaṃ tan manoranuśāsanam ||139||

 

On the debt being admitted to be due, the debtor deserves (a fine of) five per cent.; and in the case of denial, twice as much; such is the ordinance of manu. — (139)

 

Medhātithi’s commentary (manubhāṣya):

When the debtor, on being summoned to the King’s Court, admits the debt as legally due by him, saying — ‘I do really owe this to him,’ — then ‘i.e., deserves five per cent.’ ‘as fine’; — this has to be added. By this rule, the man is to be fined the twentieth part of the amount of debt claimed. The man deserves this fine on account of his having transgressed the law by not satisfying the creditor’s claims outside the Court and thereby forcing him to come up to the king.

When the man commits a further transgression by denying the claim, saying — ‘I do not owe anything to this person,’ — then, on the claim being proved, the man is to be fined ‘twice as much’; i.e., double of five per cent.; i.e., ten per cent.

‘Such is the ordinance of Manu’ — Prajāpati; i.e., the Rule or Law propounded by him from the very beginning of creation.

Others have explained the term ‘as much’ as referring to the total amount of the claim, i.e., double the sum that is due to the debtor; as it is only thus that the syntactical connection with the term ‘debt’ is maintained; otherwise there is a syntactical split; and as no different subject has been mentioned, if it referred to the same subject, then the result would be an option.

This however is not right; for the double of the amount of debt would he too much. Even though the subject is not definitely mentioned, yet on account of juxtaposition, it is only right that it should be taken as referring to ‘five per cent.’ — (139)

 

Explanatory notes by Ganganath Jha:

‘Taddviguṇam’ — ‘Double of 5 p. c., i.e., 10 p. c.’ This is the explanation, accepted by all the commentators. But Medhātithi mentions ‘others’ as explaining the meaning to be ‘double of the amount of the debt’ This latter would be more in keeping with what has gone before in verse 59.

This verse is quoted in Vivādaratnākara (p. 77), which adds the following notes: — The meaning is as follows: If the debt is at first denied, and subsequently admitted, then the debtor should be fined 5 per cent on the amount of debt; but if he does not admit it even subsequently — and yet the debt becomes proved by the evidence adduced, — then the man shall be fined the ‘double of that,’ i.e., 10 per cent. It proceeds to add a note which serves to explain the inconsistency of this rule with what has gone in verse 59: — the diversity is due to considerations of the nature of the debtor’s motives.

It is quoted in Vivādacintāmaṇi (p. 34), which adds the explanation that ‘when a debt is denied at first and subsequently admitted, the debtor is to he fined 5 per cent, and if the man continues to deny the debt which is subsequently proved, the fine is to be 10 per cent; and adds that this refers to cases where the debtor is poor’; — and in Kṛtyakalpataru (81a), which has the following explanation: — (a) If the man has denied the debt but admits it when sued in Court, then he is to be fined 5 p. c., (b) if he continues to deny it in the Court, but the debt is subsequently proved, then the fine is 10 per cent; — this refers to cases where the former denial has been based upon some misapprehension on the part of the debtor; the case where the denial is through perversity and intentional, has been dealt with under 59.

It is quoted in Vīramitrodaya (Vyavahāra, 111a), which explains the meaning to be ‘when the man having denied the debt at first, admits it when sued and brought before the Court, he should pay a fine of 5 p. c. and if he continues to deny it, but is subsequently forced by evidence to admit, then 10 p. c.’

 

Comparative notes by various authors:

Viṣṇu (6.20-22). — ‘If a creditor goes before the King and fully proves his demand, the debtor shall pay as fine to the King a tenth part of the sum proved. The creditor, on receiving the sum, shall pay the twentieth part of it. If the whole demand has been contested by the debtor, and even a part of it has been proved against him, he must pay the whole.’

Yājñavalkya (2.44). — ‘Out of the sum proved against him, the King shall make the debtor pay ten per cent, (as fine) and the creditor, on having realised his dues, shall pay five per cent,’

Nārada (1.132-134). — ‘If a wealthy debtor, from malice) refuses to pay his debt, the King shall compel him to pay it by forcible means, and shall take five in the hundred for himself. If the debtor acknowledges the debt with his own mouth, the King shall take from him ten per cent, of the debt as fine; and twice as much if he has been convicted. If the debtor, owing to a calamity, has not means sufficient to discharge the whole debt, the claim of the creditor shall be entered in a legal document, specifying the caste of the debtor and of the creditor, their names, and the names of their neighbours.’

Bṛhaspati (11.60-02). — ‘When the time fixed for pay ment has elapsed, and the accruing of interest has ceased, the creditor may either recover his loan or cause a new bond to bo written in the form of compound interest. This rule concerns an acknowledged debt; but a debtor denying his liability shall be compelled to pay, on the debt being proved in a court, by a document or by witnesses.’

Yama (Vivādaratnākara, p. 78). — ‘If a wealthy debtor refuses to repay the debt, through ill-will, he should be compelled by the King to pay, after having realised from him double the amount of the claim.’

 

 

VERSE 8.140 [Rates of Interest]

Section XXV - Rates of Interest

 

वसिष्ठविहितां वृद्धिं सृजेद् वित्तविवर्धिनीम् ।
अशीतिभागं गृह्णीयान् मासाद् वार्धुषिकः शते ॥१४०॥

vasiṣṭhavihitāṃ vṛddhiṃ sṛjed vittavivardhinīm |
aśītibhāgaṃ gṛhṇīyān māsād vārdhuṣikaḥ śate ||140||

 

The money-lender shall stipulate an interest sanctioned by Vasiṣṭha, for increasing the capital. He shall take monthly the eightieth part of a hundred. — (140)

 

Medhātithi’s commentary (manubhāṣya):

‘He shall take, etc.’ (the second half of the verse) represents the injunction; and what is said regarding its being ‘sanctioned by Vasiṣṭha’ is merely commendatory; — the sense being that ‘Vasiṣṭha, the revered sage, cognisant of all that happens at the three points of time and devoid of greed, accepted interest, hence it is commendable.’ ‘By its means one’s capital increases, and yet there is no impropriety in it on the ground of its being indicative of greed.

‘Stipulate,’ — Employ; at the time that he is advancing money to the debtor, he should clearly stipulate the rate of interest.

In the case of all things that can be counted or measured, — such as clothes, grains, gold and so forth- the rate of interest is to be as here laid down. In the case of liquor, however, the rate of interest has been declared to be eight times of the principal, — and this is an exception to the limit that the total amount of the debt shall not exceed the double of the principal, as we shall explain later on. — (140)

 

Explanatory notes by Ganganath Jha:

This rule, here attributed to Vasiṣṭha, actually occurs in Vasiṣṭha-Dharmaśāstra, 2.51.

“According to Kullūka, (on 142), Nārāyaṇa, Rāghavānanda and Nandana, this rule refers to a debt secured by a pledge, find the correctness of this view is proved by the parallel passage of Yājñavalkya (2.37).” — Buhler.

This verse is quoted in Vivādaratnākara, p. 7, which explains ‘māsāt’ as ‘after the lapse of one month,’ and adds that this refers to debt that is secured by a pledge that can be enjoyed (by the creditor).

Smṛtitattva (p. 349) quotes the second half and adds that ‘of 100 kārṣāpaṇas’, the ‘eightieth part’ would be 20 paṇas.

It is quoted in Prāyaścittaviveka (p. 420), which explains ‘aśītibhāgam’ as 20 paṇas; — in Smṛtisāroddhāra (p. 325); — and in Vīramitrodaya (Vyavahāra, 91b), which says that this refers to cases of mortgage, and the meaning is that when 100 rupees have been advanced, the creditor should charge 1¼ rupee after the lapse of one month.

 

Comparative notes by various authors:

(verses 8.140-142)

Gautama (12.29-30). — ‘The legal interest for money lent is five māṣas a month for twenty kārṣāpaṇas. Some declare that this rate should not he paid longer than one year.’

Vaśiṣṭha (2.48). — ‘They quote the following — 2, 3, 4 or 5, in the hundred, he may take as interest per month, according to the order of the castes.’

Vaśiṣṭha (2.51). — ‘The interest for a money-lender declared by Vaśiṣṭha is five māṣas for twenty Kāṛṣāpanas, per month.’

Yājñavalkya (2.37). — ‘In the case of loans with pledges, the interest per month shall be the eightieth part; in those without pledges, it shall be 2, 3, 4 or 5 per cent, respectively for the Brāhmaṇa, the Kṣatriya, the Vaiśya and the Śūdra.’

Nārada (1.99-101). — ‘Let a money-lender take, in addition to the principal, the interest fixed by Vaśiṣṭha, viz., an eightieth part of a hundred every month. 2, 3, or 5 (in the hundred) is the legitimate rate of interest; let him take as much in the shape of interest, every month, in the direct order of the four castes. Or let him take 2 in the 100, remembering the practice of the virtuous.

Bṛhaspati (11.3). — ‘An eightieth part of the principal accrues as interest on it every month; and it is doubled by such interest within six years and eight months.’

Artha-Śāstra (p. 61). — ‘The legal interest, per month, on every 100 Paṇas, is 1¼ Paṇas; it is 5 Paṇas in business transactions; 10 Paṇas for people trading in forests; and 20 Paṇas for those trading on the seas.’

Viṣṇu (6.1-5). — ‘A creditor shall receive his principal back from his debtor exactly as he had lent it to him. As regards interest, he shall take, in the direct order of the castes, 2, 3, 4 or 5 percent., per month, if no pledge has been given; or the debtor of any caste may pay as much as has been promised by him. After the lapse of one year, let them pay interest according to the afore-mentioned rule, even though it may not have been agreed upon. By the use of the pledge, interest becomes forfeited.’

 

 

VERSE 8.141

Section XXV - Rates of Interest

 

द्विकं शतं वा गृह्णीयात् सतां धर्ममनुस्मरन् ।
द्विकं शतं हि गृह्णानो न भवत्यर्थकिल्बिषी ॥१४१॥

dvikaṃ śataṃ vā gṛhṇīyāt satāṃ dharmamanusmaran |
dvikaṃ śataṃ hi gṛhṇāno na bhavatyarthakilbiṣī ||141||

 

Or, remembering the duty of the righteous, he may take two in the hundred; by taking two per cent. he does not incur the sin of extortion. — (141)

 

Medhātithi’s commentary (manubhāṣya):

‘Two in the hundred’, — i.e., for each hundred an interest of two is paid.

This rule permitting an interest of two per cent, is for that money-lender who, having a large family, is unable to maintain them if he charges only the rate laid down in the preceding verse.

The term ‘monthly’ (of the preceding verse) has to be construed with this also.

‘Remembering, etc.’; — all this is merely commendatory. The meaning is that the taking of this interest also is within the province of the conduct of good men; so that by charging it one does not lose his righteousness.

The author proceeds to show that such a money-lender is not regarded as greedy of wealth — ‘He does not incur the sin of extortion’; the sin involved in unlawfully taking what belongs to another is called ‘the sin of extortion’; and he who does such an act is said to ‘incur the sin of extortion.’ — (141)

 

Explanatory notes by Ganganath Jha:

This applies to debts not secured by a pledge — say Nārāyaṇa and Rāghavānanda; — according to Medhātithi this higher rate is permitted for those who have a large family to support and hence require a huge income from their loan-transactions.

This verse is quoted in Smṛtitattva (p. 349), which adds that ‘Dvikam’ means two Purāṇas; — in Vivādaratnākara (p. 8); — in Prāyaścittaviveka (p. 420), which explains ‘Dvikam’ as Purāṇas; — and in Kṛtyakalpataru (81a).

 

Comparative notes by various authors:

(verses 8.140-142)

See Comparative notes for Verse 8.140.

 

 

VERSE 8.142

Section XXV - Rates of Interest

 

द्विकं त्रिकं चतुष्कं च पञ्चकं च शतं समम् ।
मासस्य वृद्धिं गृह्णीयाद् वर्णानामनुपूर्वशः ॥१४२॥

dvikaṃ trikaṃ catuṣkaṃ ca pañcakaṃ ca śataṃ samam |
māsasya vṛddhiṃ gṛhṇīyād varṇānāmanupūrvaśaḥ ||142||

 

He may charge just two, three, four or five per cent. per month from the four castes respectively. — (142)

 

Medhātithi’s commentary (manubhāṣya):

From the four castes, Brāhmaṇa and the rest, respectively, he shall charge the four rates, two per cent, and so forth. These four rates are sanctioned in relation to the four castes respectively.

‘Just,’ — i.e., not exceeding by even a half or a quarter. This term has been added to preclude the idea that the expression ‘two per cent.’ may be applicable to ‘two and a quarter’ or ‘two and a half.’ Just as the shortest alteration, even by a single syllable, of a name makes the name a totally different one (so the addition of even a quarter would make the rate totally different).

This also is an alternative open to the man who cannot maintain his family at the former rate of interest; or to one who has only a small capital; or to cases where the borrowers are not specially righteous persons.

The propriety of this would be analogous to the act of doing a righteous act with the money extorted from wicked persons.

For ‘samam,’ ‘just,’ another reading is ‘samām.’

This rate of interest however is to be charged for one year only, and not beyond that; as the rates being high, the principal might become more than doubled. — (142)

 

Explanatory notes by Ganganath Jha:

This rule is quoted in Vivādaratnākara (p. 8), which adds the following notes: — ‘Dvikam’ means ‘that in which two Purāṇas per month are charged’; so with ‘trika’ and the other terms. — From the Brāhmaṇa, Kṣatriya, Vaiśya and Śūdra, one should charge an interest of two, three, four and five Purāṇas respectively, for every hundred of the debt; — in Smṛtisāroddhāra (p. 320); — and in Kṛtyakalpataru (67b).

 

Comparative notes by various authors:

(verses 8.140-142)

See Comparative notes for Verse 8.140.

 

 

VERSE 8.143 [Pledges (ādhi)]

Section XXVI - Pledges (ādhi)

 

न त्वेवाधौ सोपकारे कौसीदीं वृद्धिमाप्नुयात् ।
न चाधेः कालसंरोधात्निसर्गोऽस्ति न विक्रयः ॥१४३॥

na tvevādhau sopakāre kausīdīṃ vṛddhimāpnuyāt |
na cādheḥ kālasaṃrodhātnisargo'sti na vikrayaḥ ||143||

 

But when there is profitable pledge, he shall receive no interest on the loan; and there shall be neither transference nor sale of the pledge, merely by the lapse of time. — (143)

 

Medhātithi’s commentary (manubhāṣya):

Money-lending is done in various forms — with pledge as well as without pledge. Pledge also is of two kinds — to be used and to be kept. That to be used is again of two kinds — (a) that in which the profit consists in some form of product of the pledged article and (b) that which is used as it stands; the milch cow belongs to the former class, and wrought gold, etc., to the latter.

What is said here regarding the case ‘when there is profitable pledge’ refers to the pledge to be used.

The ‘profitable pledge’ is of various kinds, such as the milch cow, fields, gardens and so forth.

While such a pledge is being used by the money-lender, ‘he shall receive no interest,’ such as that laid down in the foregoing verses — ‘on the loan.’ That is, he who is deriving a profit from the pledge shall receive no other kind of interest.

In the case of the pledge to be kept also, ‘merely by the lapse of time,’ — simply because a longtime has elapsed, — even becoming doable of its former size, and the pledge remains unredeemed, — ‘there shall be neither transference nor selling.’ ‘Transference’ consists in the article being duly made over to another person. Even though already doubled, the principal, even on the transference of the pledge, shall continue to grow: as is going to be declared later on — ‘sakṛdāhṛta,’ etc. ‘Selling’ is well known. This also shall not be done.

“What then is to be done in such cases?”

The man shall continue to use (derive proñt from) the pledge, till the principal has become doubled and repaid; when it shall be redeemed. When the doubled principal has been repaid, the pledge ‘to be used’ shall cease to be used, and that ‘to be kept’ shall be returned. The pledge ‘to be used’ shall remain with the creditor till the debt is repaid, — unless there is some damage. If there is some damage done, and the creditor somehow has become too poor, having no other property except that pledged article, then, having waited for some time, he shall report it to the king and sell the article; and from the sale-proceeds he shall take an amount which is just the double of his principal, and hand over to a middle-man the balance for being paid over to the debtor.

“But it is declared that — ‘if on the principal having been doubled, the pledge is not redeemed, it becomes lost (forfeited)’ (Yājñavalkya, Vyavahāra, 58)”

This we are going to explain. As a matter of fact, this ‘forfeiture’ or ‘loss’ does.not mean that the former owner entirely loses his ownership, and the person having it acquires ownership over it. For when there can be no ‘transference or sale,’ what sort of ‘ownership’ would the man acquire? Hence, by virtue of the said prohibition of ‘transference or sale,’ the ‘loss’ or ‘forfeiture’ must he taken to mean that the creditor who may have ceased to use it becomes entitled to use it again. Or the term ‘loss’ may he taken as referring to such things as clothes and the like, which naturally become ‘lost’ (perished) by using; and which cannot continue to be used even when they have lost their original form, — in the manner in which lands and other such things can continue to be. It is in this sense that the Smṛti has to be explained.

In fact, the term ‘loss’ has been used in the figurative sense, of permitting the use of it; while the prohibition of ‘transference and sale’ must be taken in its literal sense; as this latter is not capable of being understood in a figurative sense. It is in this sense that, we have another Smṛti text to the effect that ‘there shall be no selling or handing over of pledges, etc., etc.’ What is spoken of as ‘handing over’ in this text is the same as ‘transference,’ as is clear from its being mentioned along with ‘sale,’ — both of them being similar in certain respects. — (143)

 

Explanatory notes by Ganganath Jha:

“According to Medhātithi Govindarāja and Nārāyaṇa, the last clause refers to pledges which are not used; but Kullūka objects that this is contrary to the common practice of the Śiṣṭas; and Rāghavānanda refers to Yājñavalkya, 2.48. where it is clearly stated that beneficial pledges only are never lost, while those which are merely kept are lost when the original debt is doubled by unpaid interest.” — Buhler.

The first part of this verse is quoted in Vivādaratnākara (p. 23), which explains ‘sopakāre’ as ‘what is used or enjoyed’; — in Aparārka (p. 659); — in Vivādacintāmaṇi (p. 15), which explains ‘sopakāre’ as ‘used’ or ‘enjoyed,’ and the mere fact of the thing having been used deprives the creditor of the interest, and if, through some act of the creditor, the article mortgaged loses its usefulness, the interest ceases; — in Kṛtyakalpataru (70a); — and in Vīramitrodaya (Vyavahāra, 95a).

 

Comparative notes by various authors:

(verses 8.143-144)

Gautama (12-32). — ‘A loan secured by a pledge that is used by the creditor bears no interest.’

Viṣṇu (6.5). — ‘If the pledge is used, interest becomes forfeited.’

Nārada (l.125-229). — ‘A pledge is of two kinds — one to be kept, and one for use. It must be preserved in the same condition in which it was given; otherwise, the pledgee loses interest...... A pledge must not be used forcibly; by so using it, the pledgee forfeits the interest due to him. That foolish person who uses a pledge without the authority of the owner, shall lose one half of his interest, as a compensation for such use. If a pledge for use has been given, the creditor must not take interest due on the loan.’

Bṛhaspati (11.18 et seq.). — ‘Should the creditor, actuated by avarice, use a pledge before interest has ceased to accrue on the loan, or before the stipulated period has expired, such use shall be stopped. The pledge has to be kept carefully, like a deposit; interest becomes forfeited in the event of its being damaged. If the pledge is used and rendered worthless, the principal itself becomes forfeited; if a very valuable pledge be spoilt, the creditor must satisfy the pledger.’

Yājñavalkya (2.59). — ‘There is no interest payable, if a pledge given as deposit is used, or if a pledge given for use is destroyed; if it is spoilt or lost, it should be replaced; except when such loss has been due to an act of god or the King.’

Vyāsa (Aparārka, p. 659). — ‘If the pledge in the form of gold and the like, has been destroyed by the fault of the creditor, the debtor shall pay the principal along with the interest accrued, and the creditor shall be made to pay the value of the pledge to the debtor.’

Kātyāyana (Do.). — ‘If the pledgee makes use of the pledge without authorisation, he shall pay the price of such use; or else, he shall forfeit the interest.’

Arthaśāstra (p. 3). — ‘The man who uses the pledge should pay the price of such use; also a fine of 12 paṇas; if, by such use, the pledge becomes lost or spoilt, the user should replace it, and also be fined 21 paṇas; so also when the pledge becomes lost in any other way. A pledge given for use should not be allowed to be destroyed; nor in this case should any interest accrue; if it is given for mere keeping and not for use, then interest shall accrue.’

 

 

VERSE 8.144

Section XXVI - Pledges (ādhi)

 

न भोक्तव्यो बलादाधिर्भुञ्जानो वृद्धिमुत्सृजेत् ।
मूल्येन तोषयेच्चैनमाधिस्तेनोऽन्यथा भवेत् ॥१४४॥

na bhoktavyo balādādhirbhuñjāno vṛddhimutsṛjet |
mūlyena toṣayeccainamādhisteno'nyathā bhavet ||144||

 

The pledge shall not be used by force; using it thus, he shall renounce the interest; he shall satisfy the other party with its pr ice; otherwise he would be a stealer of the pledge. — (144)

 

Medhātithi’s commentary (manubhāṣya):

“It has been already declared in the preceding verse that — ‘when there is a profitable pledge, etc.’ — (why then should this he repeated?).”

True; but the case referred to in the preceding verse is that ‘where the using or profit is commensurate with the interest; when however the amount of interest is large, while the profit is small, if the creditor uses the pledge by force, he loses the whole amount of interest. In a case again where the pledge is in the form of land or a cow or some such thing, and the profit derived from it is not commensurate with the interest, — if the debtor does not pay the accumulated interest, and the amount of the principal also has not become doubled, — all the interest that the creditor obtains is in the form of the profit derived from the pledge; so that in this case the man’s interest is to be computed at what he has derived by way of that profit.

In a case where the pledge is in the form of clothes and other similar things, which cease to exist, by use, the creditor should ‘satisfy’ the debtor ‘with its price,’ and himself receive his interest. For, if he did not pay the price of the pledged article, ‘he would be a stealer of the pledge;’ i.e., ho should ho made to pay that penalty which he would have had to pay if he had actually stolen an article of the same kind as the pledge.

‘Stealer,’ ‘stēna,’ is thief.

Others explain the verse in the following manner: — In the event of forcible use, there is loss of interest; if the thing is to be used, it should be so only on payment of its proper price to the debtor; this has been thus declared — ‘the creditor should be made to pay the price of the thing in gold, in a case where it is used.’

This verse refers to the case where the debtor, at the time of depositing the pledge, distinctly says — “see that my pledge is not lost, — do not use it please, — in a few days I shall redeem it,” — and yet the creditor, not minding this, does make use of the article. — (144)

 

Explanatory notes by Ganganath Jha:

Clothes etc. are meant, according to Medhātithi; — clothes, ornaments etc. according to Kullūka and Rāghavānanda; — beds and so forth, according to Nārāyaṇa, who adds that the ‘value’ stands for “the profit made by the use of the pledge” — (Buhler).

This verse is quoted in Vivādaratnākara (p. 24), which adds the following notes: — If the creditor uses the pledge without the debtor’s permission, then he loses only a half of the interest; hut if he uses it, even though actually prohibited to do so, then he loses the whole interest; — if he does not give up the interest, then he should satisfy the pledger by paying him the price, fixed by valuation, of the use of the article pledged.

It is quoted in Vyavahāramayūkha (p. 76); — and in Kṛtyakalpataru (70a), which adds that if the thing has been only half used, and has not undergone change, then the man loses only half the amount of his interest, but if the thing becomes changed, then he loses the whole amount of the interest.

 

Comparative notes by various authors:

(verses 8.143-144)

See Comparative notes for Verse 8.143.

 

 

VERSE 8.145

Section XXVI - Pledges (ādhi)

 

आधिश्चोपनिधिश्चोभौ न कालात्ययमर्हतः ।
अवहार्यौ भवेतां तौ दीर्घकालमवस्थितौ ॥१४५॥

ādhiścopanidhiścobhau na kālātyayamarhataḥ |
avahāryau bhavetāṃ tau dīrghakālamavasthitau ||145||

 

Pledges and Deposits should not suffer much lapse of time; for being left over for a long time, they would be liable to appropriation. — (145)

 

Medhātithi’s commentary (manubhāṣya):

‘Pledges’ — already explained; — ‘Deposit’ — is that which is allowed to be used through considerations of friendship; — these should not he allowed to remain for a very long time; they should he redeemed as soon as the stipulated time arrives.

The time for the redeeming of the pledge is just when the principal, with accrued interest, has become double; and there is ‘lapse’ of this time, if the thing is not redeemed then.

For the deposit also, the right time to recover it is before the other party has occasion to think that the thing belongs to him by reason of his having the use of it. Beyond this time, there is ‘lapse of time.’

Neither pledges nor deposits ‘should suffer much lapse of lime;’ — i.e., they should not be allowed to suffer it.

The author explains the reason for this: — ‘They would be liable to appropriation’; — if they were allowed to remain longer than the above-mentioned time, and were not recovered till then, they would he liable to be appropriated.

For this reason, one should try to redeem the pledge as soon as the principal has become doubled.

This is merely a friendly advice; as a matter of fact, there can be no ‘appropriation’ of pledges and deposits, by any lapse of time; as it is going to be declared (in 149) that — ‘a pledge..... cannot be lost in consequence of use’; and it is the same idea that is referred to in the present text.

Others have held that the present advice refers to pledges only, — in reference to those cases where, even after the principal has become doubled, the party, through sheer wickedness, goes on wasting time, under the idea that the principal cannot increase any further, — and it is not possible to deposit or sell the thing at the time anywhere else, — and he is urged to this step only through his hatred for the creditor, who is prevented from earning more interest on his capital. And it is with reference to such cases that it has been declared that ‘they should be appropriated’ (this being the meaning of the words in this case). That is, if the man desists from redeeming the pledge with such motives, his right over the thing ceases. But if one fails to redeem it, for want of money, — in his case there should be neither ‘transference nor selling’ [as said above (143)].

Or the assertion ‘they become liable to appropriation’ may he taken as referring to the case where the debtor desists from redeeming the pledge, thinking that it lies safest in the custody of another person. — (145)

 

Explanatory notes by Ganganath Jha:

‘Upanidhi’ — ‘Anything lent through affection, for use’ (Medhāttlii, Govindarāja, Kullūka and Rāghavānanda); — ‘an additional pledge given in order to complete the security for the loan’ (Nārāyaṇa).

This verse is quoted in Kṛtyakalpataru (47a), which explains ‘ādhi’ as ‘pledged property’, and ‘upanidhi’ as property mortgaged and allowed to be used, such as agricultural land and so forth it cannot stand for property in the form of a sealed packet, as such property cannot be used.

 

Comparative notes by various authors:

Viṣṇu (6.7-8). — ‘The pledge shall be restored to the pledgee when the interest has reached its maximum amount; but he should not use an immovable pledge without special agreement.’

Yājñavalkya (2.58). — ‘The pledge becomes lost, if it is not redeemed on the principal becoming doubled; if it had been given for a limited time, it becomes lost on the lapse of that time; but there is no such losing in the ease of pledges that have been given for the enjoyment of the usufruct only.’

Śukranīti (4.5.415). — ‘The following cannot he lost by length of adverse possession: — Pledge, boundary-land, minor’s property, trust property, sealed deposit, female slaves, government property and property of the Vedic scholar.’

Bṛhaspati (11, 25, 28). — ‘When the time for payment has passed, and interest has ceased, the creditor shall become the owner of the pledge; hut till ten days have elapsed, the debtor is entitled to redeem it. Notice having been given to the debtor’s family, a pledge to be kept may he used after the principal has become doubled, and so may the pledge given for a fixed period, on the expiry of that period. When the principal has been doubled, or the stipulated period has expired, in the case of the pledge given for a fixed period, the creditor becomes owner of the pledge after having waited for a fortnight. If the debtor should pay the debt during that interval, he may recover the pledge even then.’

 

 

VERSE 8.146

Section XXVI - Pledges (ādhi)

 

सम्प्रीत्या भुज्यमानानि न नश्यन्ति कदा चन ।
धेनुरुष्ट्रो वहन्नश्वो यश्च दम्यः प्रयुज्यते ॥१४६॥

samprītyā bhujyamānāni na naśyanti kadā cana |
dhenuruṣṭro vahannaśvo yaśca damyaḥ prayujyate ||146||

 

Things used through favour are never forfeited; such as a milch cow, a camel, an ox or the animal that is made over for breaking in. — (146)

 

Medhātithi’s commentary (manubhāṣya):

‘Favour’ — friendliness. When such things as the ‘Cow’ and the rest are being used solely through the favour of the owner, they do not become ‘forfeited.’ ‘Forfeiture’ means the passing of the ownership of the former owner and the coming in of that of the person using them. And such ‘forfeiture’ does not take place in the case of the cow and other things being used through favour.

“As a matter of fact, in the case of all deposits, there is no forfeiture by mere using, — as is going to be declared under 149 below — wbat is the special feature there in the case of the cow and other things (that they should be separately specified)?”

Our answer is as follows: — The denial (in 149) of forfeiture in regard to deposits is in view of its possibility in accordance with the general law of forfeiture laid down in verse 147, which would be applicable to those cases also when the thing has been used for ten years without its losing its former shape. — So far as the cow and other animals are concerned, they cannot he articles of ‘deposit’; and hence people might be led to think that these do not come within the said prohibition (in 149). (Hence the necessity of emphasising the non-forfeiture of these separately.)

The name ‘milch cow’ is based upon the cow giving milk; this condition can last at best for one year; after which, becoming fit for the bull, she would cease to be ‘milch’ if she became pregnant; and after this, there might be an idea that she belongs to this person (who is keeping her) and not to Devadatta (to whom she really belonged); because what had been given by the latter for the use of the former was the cow calved for the ñrst time; and Devadatta allowed the man to use her and still continued to see her being used, in a form which is not the same as that of the animal that had been given in ‘deposit’; and hence the ‘deposit’ is that which is to ho used, and the use is not of that thing; under the circumstances, what sort of a ‘deposit’ would it be? And as the prohibition (under 149) pertains to ‘deposits,’ and the cow in question has ceased to be a ‘deposit’, — it was necessary to make a separate effort for precluding her forfeiture.

As regards the camel and other animals mentioned, after they have been used for ten years, they become entirely changed in shape. So that- these also would cease to be ‘deposits’ (in the true sense of the term).

‘Vahan,’ (‘ox’) has been taken by some as a participial adjective (meaning ‘riding’) qualifying the word ‘horse,’; they hold that what is here laid down does not apply to the ox. Others again take it as standing for the donkey, the mule and other beasts of burden.

‘For breaking in’ — ox and other animals — ‘made over’ — given for that purpose. Others hold that the present verse serves the purpose of implying the optional character of the prohibition. In the case of ‘deposits’ other than those enumerated here, there is sometimes ‘forfeiture.’ for instance, when clothes are used through favour and become worn out, there is ‘forfeiture.’ for when a new clothing has been handed over for use, and it becomes worn out by use, there can be no opportunity for the former owner to say — ‘Let me have my clothing, — if it has become worn out, let me have its price and thereby redeem the deposit.’ — (146)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra p. 157).

 

Comparative notes by various authors:

Bṛhaspati (9.11). — ‘A house, field, commodity or other property held by a person other than the owner, is not lost to the owner by mere adverse possession, if the possessor stands to him in the relation of a friend, relative or kinsman.’

 

 

VERSE 8.147

Section XXVI - Pledges (ādhi)

 

यत् किं चिद् दशवर्षाणि संनिधौ प्रेक्षते धनी ।
भुज्यमानं परैस्तूष्णीं न स तत्लब्धुमर्हति ॥१४७॥

yat kiṃ cid daśavarṣāṇi saṃnidhau prekṣate dhanī |
bhujyamānaṃ paraistūṣṇīṃ na sa tatlabdhumarhati ||147||

 

Whatever thing the owner meekly sees being used by others in his presence, for ten years, — that thing he does not deserve to recover. — (147)

 

Medhātithi’s commentary (manubhāṣya):

‘Whatever thing being used,’ etc. — such is the construction, ‘being used’ being brought back to the beginning.

‘Owner;’ — though this general term has been used, yet the person meant is the owner of the thing whose use is being ignored.

‘Whatever thing’ — includes all kinds of property, slaves, slave-girls, utensils large and small, and so forth; though all this is not usually spoken of as ‘dhana,’ ‘property,’ ‘wealth,’ — which name is applied to gold, silver and other valuable articles.

The moaning of the sentence thus is this: — “When the owner of a property sees, for ten years, a certain property of his being used by another person, — and says nothing, — i.e., does not file a suit before the king, nor says to the user before his family ‘how is it that you are using this thing which belongs to me?’ — such a man, after the lapse of ten years, does not deserve to ‘recover’ — obtain possession of — that thing; — i.e., his ownership entirely ceases.”

What is meant by ‘seeing’ is knowledge, and not actual seeing with the eyes; which latter is expressed by the term ‘in his presence.’

‘By others’ — is explained by some to mean not by collaterals or relatives; another Smṛti text adding these ‘collaterals and relatives’ as exceptions to the present rule: — ‘when a thing is used by relatives and collaterals, the ownership does not cease.’

This however is not right; as this explanation would make the rule indefinite; it being uncertain who are to be regarded as ‘collaterals’ and ‘relatives.’ If ‘relationship’ in general were meant, then there would be no one left (who would not hear some sort of relationship to the man). Consequently the text must be taken to mean that the rule hero laid down applies to all cases where some one else uses a thing belonging ṭo another person.

In this case however the term ‘others’ would be merely re-iterative, and as such superfluous. For there is no person to whom the term ‘other’ could be applicable. The wife, the father and the son are all spoken of as ‘one’s own self;’ specially in such texts as — ‘the wife is the half of one’s self,’ ‘it is one’s own self that is called the son.’ Hence between husband and wife, or between father and son, mere using cannot he regarded as a ground of ownership. In fact in their case also, if they are separated, when the time of using has arrived, if one does not use it, this fact becomes a precluder of his ownership. In the case of the wife’s dowry, if it has been pledged by the husband, her ownership does not cease by using, so long as the husband is alive, and the reason for this is that she is entirely dependent upon him, and there is no absolute separation between them; her dowry also has to be looked after by the husband; and the law also (verse 149) is found to make an exception in favour of the property of the king, the Vedic scholar, and women.

The present verse having described the loss of ownership of the owner who ignores adverse possession, the next verse proceeds to show to whom the said property passes over. — (147)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 222), which adds the following explanation: — ‘If the rightful owner of a property looks upon his property being used by another, without his presenting it to him as a friendly gift, or some such thing, — and does not speak out, complain, — for ten years, then he is no longer entitled to receive it; i.e., his ownership over it ceases’; — in Vyavahāra-Bālambhaṭṭī (p. 101), — and in Vīramitrodaya (Vyavahāra, 65b).

 

Comparative notes by various authors:

(verses 8.147-148)

Gautama (12.37-38). — ‘The property of a person who is neither an idiot nor a minor, having been used by strangers before his eyes for ten years, comes to belong to him who uses it; but not if it is used by Vedic Scholars, ascetics or royal officials.’

Vaśiṣṭha (16.17) — ‘Whatever property belonging to one has been enjoyed by another person for ten years continuously is lost to the owner.’

Yājñavalkya (2.24). — ‘If a man sees his landed property being enjoyed by others, and does not complain about it, he loses it after twenty years of such possession: in the case of other properties, ownership lapses after only ten years’ adverse possession.’

Śukranīti (1.5.443-46). — ‘The property which is ceaselessly enjoyed for sixty years, even without title, cannot be claimed hack by anybody. The following cannot he destroyed by length of adverse possession: pledge, boundary-land, minor’s property, trust property, sealed deposit, female slaves, government property and property of the Vedic Scholar. The owner who is indifferent to his property and does not complain about trespasses on his property, cannot, get hack by law-suit that property, on the expiry of the above period.’

Nārada (1.78-80). — ‘If a man is foolish enough to allow his goods to he enjoyed by strangers in his own eyesight, they shall belong to the possessor, even in the presence, and during the life-time, of the rightful owner. Whatever the owner looking on quietly suffers to be enjoyed by strangers for ten years, though he is present, that cannot be recovered by him. If he is neither an idiot nor a minor, and the enjoyment takes place before his eyes, his right to it is extinct by law, and the possessor is allowed to keep it.’

Bṛhaspati (9.7, 9, 10). — ‘He, whose possession has been continuous from the time of occupation, and has never been interrupted for a period of thirty years, cannot he deprived of such property. He who does not raise a protest when a stranger is giving away his landed property in his sight, cannot again recover that estate, even though he he possessed of a written title to it. Possession held by three generations produces ownership for strangers, no doubt, when they are related to one another in the degree of a Sapiṇḍa: it does not stand good in the case of Sakulyas.’

Vyāsa (Aparārka, p. 632). — ‘If the landed property of a man has been enjoyed by others for twenty years, his ownership to it is not restored.’

 

 

VERSE 8.148

Section XXVI - Pledges (ādhi)

 

अजडश्चेदपोगण्डो विषये चास्य भुज्यते ।
भग्नं तद् व्यवहारेण भोक्ता तद् द्रव्यमर्हति ॥१४८॥

ajaḍaścedapogaṇḍo viṣaye cāsya bhujyate |
bhagnaṃ tad vyavahāreṇa bhoktā tad dravyamarhati ||148||

 

If the owner is neither an idiot nor a minor, and the property is used in his own country, — it becomes frustrated in law, and the user becomes entitled to the property. — (148)

 

Medhātithi’s commentary (manubhāṣya):

This verso is supplementary to what has been said (in the preceding verse) regarding the man not deserving to recover the property — ‘if he is neither an idiot nor a minor.’ One who is devoid of intelligence is called as ‘idiot;’ and one who is still a child is a‘minor;’ one who has not reached his sixteenth year is called a ‘minor.’

What is mentioned here is only by way of illustration, standing, as it docs, for those conditions that make one unable to protect his own interests; such conditions for instance, as disability due to wine or gambling, protracted illness, being taken up entirely by austerities and study, want of business-capacity, deafness.

In the case of the property of persons suffering from such disabilities, even prolonged using does not create ownership in the person using it.

‘Is used in his country’. — The term ‘his’ refers to the actual owner. The ‘country’ of the Kaśmiri people is Kaśmir, that of the inhabitant of Pañcāla is Pañcāla. The sense is that — ‘if both the owner and the user are inhabitants of the same country.’

What is meant is that the rule laid down applies to the case of persons suffering from a disability; all the rest are mere details in the explanation; as it has been already pointed out that the mention of the ‘idiot’ and the ‘minor’ is merely indicative. Hence the sense is that — ‘in cases where it is possible for the owner to know that his property is being enjoyed by another, if the latter continues to enjoy it for ten years, then he becomes entitled to it, — i.e., the ownership passes over to him.’

Objection. — (A) “It is not right that enjoyment or possession should lead to ownership; on the contrary, it is ownership that leads to possession. If possession were to lead to ownership, there would be confusion. (B) further, as regards the limit of tea years that has been set forth, other Smṛti-texts do not admit this in the case of all kinds of property. For instance — ‘in the case of landed property ownership ceases after twenty years, if the owner sees it being enjoyed and says nothing’ — says Yājñavalkya (Vyavahāra, 24). Others again do not admit the passing away of ownership even after twenty years of adverse possession. They say — ‘If one enjoys, without title, a property even for hundreds of years, he should be punished by the king with the penalty due to thieves’ (Nārada, 87); — and again, ‘Where possession is found, but no title for it, the rule is that it is the title, and not the possession, that should form the ground of ownership.’ (Nārada, 84).”

Those who hold to the view of possession for three generations (leading to the passing over of ownership) quote the following text — ‘Even in the absence of title, if a property has been in total possession for three generations, it cannot be recovered, having passed from one generation to another for three generations’ (Nārada, 91). And the meaning of this is as follows: — ‘Authority’ means a deed of gift or some such document; — in the absence of such proof, what has been enjoyed by the father, grandfather, and great-grandfather, becomes the property of the fourth generation; and it is not so after twenty years only. Elsewhere again we read —

‘The best authority consists in a gift-deed, possession accompanied by title is the second, and possession is the last, — in connection with immovable property.’ Now, it is in the case of the third generation — and not in that of father and grandfather only — that ownership would be established by possession only: — but in his case also it is not possession during twenty years only. Others again hold that mere possession — even though extending over a hundred years — cannot be regarded as a ground for ownership; and in support of this they quote the following texts: — (a) ‘If a person enjoys a property without title, — even for hundreds of years, he should be punished with the penalty of a thief’ (Nārada, 87); (b) ‘If one man puts forward only possession, and no title, he should be regarded as a thief’ (Nārada, 86); (c) “The law is that it is authority, and not possession, that forms the ground of ownership’ (Nārada, 84). What has been referred to above in regard to possession extending over ‘hundreds of years’ (not being a right ground), is long-extending possession by one and the same person; and such possession cannot establish one’s ownership, unless there has been possession by his father and grandfather also.

“But how can one person possess a property for hundreds of years?”

There is no force in this objection. Such expressions as ‘hundred years,’ ‘thousand years’ and the like are used only in the sense of long periods of time; e.g., in such statements — ‘The man lives for a hundred years, of hundred glories and hundred organs.’

The upshot of all this is that in the case of the first generation of the possessor, mere possession, even though extending over a period of twenty years or more, does not establish ownership, — which means that the son of such a possessor also does not acquire the ownership; and thus the meaning of the texts is just as is directly signified by their words.

As a matter of fact, it is not possible for the ‘Title’ of possession to be remembered for ‘several hundred years’: so that if the production of such title were insisted upon, kings would come to confiscate all those properties that may have belonged of yore to temples, Brāhmaṇas, monasteries and village-communities. As for written land-grants, these also could not have their writings verified and recognised, after the lapse of a long time, as actually written by the king’s scribes; and the grants themselves might be suspected to be forged. Hence long-standing possession is regarded as indicative of the presence of valid title in the shape of a gift-deed and the like, and it is for this reason that possession has been mentioned among ‘proofs’ in the text — ‘There are three grounds of ownership — documentary evidence, witnesses and possession’ (Nārada, 69), — and not as a ‘ground of ownership,’ which are mentioned in the text — ‘There are seven marks of acquiring property’ (Manu, 10.115), and also in the text — ‘Learning, Bravery, Austerity, Daughter, etc., etc.’

Or the assertion of Nārada — ‘If a man enjoys a property without authority, etc.’ — may be taken as referring to a case where there is suspicion of forcible possession; as in the same context we find the text — ’ (1) Misrepresented Deposits, (2) Stolen goods, (3) Deposits, (4) Goods retained forcibly, (5) What is obtained by begging, and (6) What is possessed secretly, — these six are property possessed without title’ (Nārada, 92).

“But this has been already declared in another text: —

‘Deposits, Boundaries, etc.’ (Manu, 8.159, and Nārada, 8).” What these latter texts refer to is possession during three generations only, and the text under consideration precludes the propriety of possession beyond that also; as is clearly indicated by the phrase ‘for several hundred years.’

In the text under consideration, ‘anvāhitam,’ ‘Misrepresented Deposits,’ stands for an article which is actutally pledged in a form different from that in which it was shown at the time of the transaction; — ‘stolen goods’ for what is obtained by fraud or by breaking through a wall at night, and so forth; while ‘forcible retention’ implies the use of force; this is the difference between the two; — the rest is quite clear.

“If it is only possession for three generations that is a ground for title, what then is the meaning of the text — ‘One loses his ownership over land, if he sees it being enjoyed by another, without saying anything’ (Yājñavalkya, Vyavahāra, 24).”

Some people offer the following explanation: — The text refers to the case where the man has been in possession of a property for some time, and a documentary flaw, or some such vitiating element, happens to be detected, — e.g., it is found that it was executed under pressure, or some letters are found to have been rubbed out, and so forth; — as ‘twenty years’ is ample time for the ascertaining of the exact nature of the suspicious document.

Others however explain it as referring to the case where the man offers the same plot of land as pledge to one person, after having previously pledged it to another, — and the title of the one is prior to that of the other; and what is meant is that in such a case, notwithstanding the priority of the title, greater validity attaches to the ‘possession’ by the other person, if it has continued for twenty years.

This however is not right; for it has been declared that, when a person hits accepted a pledge, it means that it has been accepted as ‘deposit’; and in the case of land, this acceptance implies a desire for possession; so that in a case like this, the character of the ‘pledge’ becomes established by possession during a short time also. It is with reference to such cases that we have the declaration — ‘What a man is not possessed of, that is not his own; even though there be documentary proof and witnesses Ire living; specially in the case of immovables’ (Nārada, 77). The term ‘specially’ implies that in the case of cows, horses, etc., there is ownership even without ‘possession’ or ‘use’; as these latter are not always used; and one does not always know what benefits he may derive from such pledges as these latter. In the case of land on the other hand, it yields its produce at all times; and hence in the absence of actual ‘use’ or ‘possession,’ the fact of its having been ‘pledged’ cannot be established.

If the pledger ignores the fact of his having pledged the land to one person, and offers it to another, even during the period of its possession by the first pledgee, — and the second pledgee also has accepted it, — while the former pledgee, either through the distraction of other business or on account of the distance of the place, has failed to ‘accept’ and take possession of it, — in such a case the circumstances do not deprive the first pledgee of his right over the land. When, however, immediately after having received the deposit, the man Is banished by the king, or is attacked by serious illness, and there is no authorised person to look after his property, — if the man returns after a long time, if he can prove his clear title to it, he does obtain possession of the land, even though in the meantime it may have been pledged to another person.

Others explain the text as referring to the subject of the revision and equalising of the shares of brothers, who have separated and divided their property in unequal shares (twenty years ago); the meaning being that there can be no such revision after twenty years.

But if this were all that is meant, this should have occurred under the context dealing with that subject. In fact, a general statement, made apart from a particular context, indicates that it pertains to other subjects also.

Others again take it as referring to the case of ‘possession’ where an uncultivated plot of land has been cultivated by a man; and they declare that in this case if the possession has continued for twenty years, and its exact extent has not been checked by means of chains and surveying instruments, — then all this checking cannot he done after the lapse of that time.

The revered teachers however explain as follows: — When two men, inhabitants of the same place, possessing similar powers, similar natures, equal wealth, — not related to one another, — happen to have the same interest in a certain immovable property, — if one of them permits the other to enjoy it during the said time (twenty years), the former retains no right over the property.

This however would be incompatible with the rule laying down the period as ‘three generations.’

Thus then, in as much as the various rules bearing upon the subject are found to be incompatible with one another, — which incompatibility cannot be set aside by any assumptions, — what has got to be ascertained in each case is if there is any clear title to ownership, — and in the event of there being none, if the property is in the possession of another party; if it is, then the decision must proceed on the basis of such possession only.

Though there are several kinds of titles to ownership, — such as gift, sale, pledge and so forth, — yet in the event of none of these titles being present, if it is shown that there has been possession extending over twenty years, without break, the right course is to regard it as a case of ‘pledge.’ Such ownership based upon possession is ephemeral, and can be set aside if there is deterioration in the property concerned. (?) Thus it is that possession during three generations creates the rights of ownership in all cases; possibility of gift or sale, etc., also there could be only for one year. So that in the case of possession for twenty years, there is no incongruity at all.

In a case however where both persons are absolutely without title, and are asserting themselves by mere force, — the prior possession, even though of longer standing, is set aside by the twenty years’ possession, which is more recent and hence free from all suspicion. That is to say, possession during three generations is set aside in favour of possession, the exact period of whose duration is precisely ascertainable.

‘Becomes frustrated in law’; — the phrase ‘in law’ is added in order to preclude the notion of its being ‘morally right.’ For if some flaw in the possession were detected, the possession could be defeated; so that if the possessor bases his case entirely upon the circumstance that there is no evidence forthcoming to show that his possession is fraudulent, — his victory cannot be regarded as morally right; so the fact remains that the other party loses his case simply on account of the said possession. — (148)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 632), which adds that, if the user of the property knows that it rightfully belongs to another, then, even though he may have acquired ownership by legal usage ( vyavahārēṇa), yet he should hand it over to the rightful owner; — in Smṛtisāroddhāra (p. 334); — in Smṛticandrikā (Vyavahāra, p. 15b); — and in Vīramitrodaya (Vyavahāra, 66a).

 

Comparative notes by various authors:

(verses 8.147-148)

See Comparative notes for Verse 8.147.

 

 

VERSE 8.149

Section XXVI - Pledges (ādhi)

 

आधिः सीमा बालधनं निक्षेपोपनिधिः स्त्रियः ।
राजस्वं श्रोत्रियस्वं च न भोगेन प्रणश्यति ॥१४९॥

ādhiḥ sīmā bāladhanaṃ nikṣepopanidhiḥ striyaḥ |
rājasvaṃ śrotriyasvaṃ ca na bhogena praṇaśyati ||149||

 

A pledge, a boundary, minor’s property, a deposit, a property enjoyed by favour, women, king’s property, and the property of a vedic scholar are not lost by adverse possession. — (149)

 

Medhātithi’s commentary (manubhāṣya):

‘Ādhi’ is that which is pledged; an article given as pledge, — such as cattle, land, gold and so forth, — to the creditor; and recovered from him (upon re-payment of the debt).

‘Upanidhi’ has been explained, — in accordance with another treatise (Yājñavalkya, 2.65) as a deposit, whose form is not shown and which is handed over, covered with cloth and sealed. But this being already included under ‘deposit,’ it is better to take the term ‘upanidhi’ as standing for what is given for use, through friendliness and favour.

‘Boundary’ — the boundary-line between villages, etc. It is quite possible that it being a public concern, men are likely to ignore encroachments upon it. In the case of houses, the boundary-line, marked by ditches or walls, two, three or four cubits in size, is common to both; and if either side of it happens to crumble down in time, as the matter would be a slight one, even encroachment might be ignored for some time by a certain person. But since in such matters also the owner fearing the loss of ownership through gift, etc., his sons or grandsons do discover some hidden marks of the original boundary and assert their claims to the recovery of the boundary encroached upon.

‘Minor’s property’; — this has been added only by way of illustration; the minor having been already referred to by the name ‘pogaṇḍa’ (in Verse 148).

‘Women,’ — slave-girls or wife; as no other woman, save these two, have anywhere been described as ‘property,’ ownership over which could be lost through possession extending over ten years, as spoken of in Verse 147.

Objection. — “But the text (147) does not speak of ‘property’ at all; the expression used is ‘whatever thing,’ which refers to things in general.”

No; the use of the term ‘dhani,’ ‘owner,’ clearly indicates that the expression ‘whatever thing’ refers to property, which, in this case, is used in the sense of anything that is used; and this mention of women as ‘property’ indicates all kinds of possessions. From this analogy of ‘property,’ males also, as slaves, are actually regarded as ‘property.’

‘The king’s propety;’ — the ‘kings’ meant here are the rulers of provinces; the property belonging to such rulers. These people have vast properties, which they cannot always watch over carefully; so that if their property were liable to be lost through adverse possession, they would soon be reduced to penury.

‘The properly of Vedic Scholars’ — though poor in comparison, — has yet got to be preserved with care. — (149)

 

Explanatory notes by Ganganath Jha:

‘Śāstrāntareṇa’ — (Medhātithi, p. 965, l. 1) — This refers to Yājñavalkya, 2.65. ‘Vāsanasthamanākhyāya haste nyasya yadarpayet’; and Nārada — ‘asaṅkhyātamavijñātam samudram yannidhīyate.’

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 109), which adds that the term ‘śrotriya’ includes also all such persons who have their attention too much taken up by other things to allow their looking after their belongings in Smṛticandrikā (Vyavahāra, p. 158), which notes the following reasons for neglect — (a) In regard to boundaries, people are apt to be lulled into security by the ease with which the boundary-line can be determined, — (b) in regard to women, their natural shyness lulls men into security, — (c) in the case of the king and the scholar, their minds are too much taken up with their temporal and spiritual concerns respectively; — and in Vīramitrodaya, (Vyavahāra, 69b).

 

Comparative notes by various authors:

Śukranīti (4.5.445). — ‘The following property cannot be destroyed by length of adverse, possession: — pledge, boundary-land, minor’s property, trust property, sealed deposit, female slaves, government property and the property of Vedic Scholars.’

Nārada (1.81). — ‘A pledge, a boundary, property of a child, an open deposit, a sealed deposit, women, what belongs to the King, or to the Vedic Scholar — none of these is lost by adverse possession.’

Bṛhaspati (9.13, 14). — ‘Forcible means should not be resorted to by the present occupant, or his son, in maintaining possession of the property of an infant, or of a learned Brāhmaṇa, or the property inherited from one’s father; — nor of cattle, a woman, a slave, or other property.’

Vaśiṣṭha (16.18). — ‘They quote the following: — “A pledge, a boundary, the property of minors, an open deposit, a sealed deposit, women, king’s property and property of the Vedic Scholar are not lost by being enjoyed by others.”

Gautama (12.39). — ‘Animals, land, and females are not lost by adverse possession.’

Yājñavalkya (2.25). — ‘A pledge, a boundary, deposit — : open and sealed, the property of infants, idiots, and of the King, and of women, and of the Vedic scholars; — with the exception of these, all property becomes lost to the owner by adverse possession extending over twenty years.’

 

 

VERSE 8.150

Section XXVI - Pledges (ādhi)

 

यः स्वामिनाऽननुज्ञातमाधिं भूङ्क्तेऽविचक्षणः ।
तेनार्धवृद्धिर्मोक्तव्या तस्य भोगस्य निष्कृतिः ॥१५०॥

yaḥ svāminā'nanujñātamādhiṃ bhūṅkte'vicakṣaṇaḥ |
tenārdhavṛddhirmoktavyā tasya bhogasya niṣkṛtiḥ ||150||

 

The fool, who, without the owner’s permission, uses a deposit, shall have to remit half the amount of the interest, as compensation for such use. — (150)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared (under 144) — ‘a deposit should not be used by force, — by using it one renounces the interest:’ and what was meant there was the absolute appropriation of the entire deposit; and when such using has been forbidden, it is only right that by using a deposit by force, the man should lose the entire amount of his interest. By merely using the article however, the deposit does not become destroyed, it only becomes deteriorated, in colour, brightness and decorations; and the present verse lays down that in such cases the man shall lose half the amount of his interest.

In a case however, where the deposit consists of new and valuable ornaments or clothes, and on being worn they become spoilt, — there is to be not merely loss of interest, but the man is to be made to pay the price of the property spoilt; this is as the matter has been explained by great scholars.

Ṛju (Yajvan) (?) however has explained as follows: — In a case where business is carried on by the master as well as by the servant, and a pledge has been deposited by the servant, and seen by the master also, — if after some time, the pledger says to the servant — ‘I have need for the article pledged,’ — and is permitted by him to use it; whereupon, if the master, on seeing him using it, cancels the pledge and takes it back; — in such a case half the amount of interest has to be renounced.

This however is not right; as, under the circumstances, transactions carried on by the master or the servant stand upon the same footing. So that when the using has been permitted by one, it cannot be held to be not permitted by the other and hence illegal. In such a case, it is actual ‘ownership’ that forms the denotation of the term ‘owner.’ Otherwise, the person who deposits the article would certainly appear to be the ‘owner’; but the servant is not the ‘owner’; so that if he does give away the thing, he would be only a thief. For this reason ‘ownership’ has to be attributed to him. Hence when the using has been permitted by the servant, it is treated as permitted by the master also.

For these reasons, the meaning of the verse must ho as previously explained and the mention of the ‘owner’ is only for the purpose of filling up the metre.

Between the two terms in the expression — ‘Bhuṅktevicakṣaṇaḥ,’ an ‘a’ is to be understood as present in a merged form due to the proximity of the two vowels (e and a). That man who entertains the idea — ‘my interest is already safe, so that the use of the article is an additional gain’ — is called here a ‘fool’ For no such transaction is sanctioned by law as would involve both the securing of interest and the using of the pledged article; hence it is only the interest that should be earned.

‘Compensation’ — Expiatory price; exchange.

Others have explained the prohibition contained in the present verse as referring to the case where the pledge is not redeemed, even after the principal has been doubled; and they hold that the fault, in this case is comparatively insignificant (hence only half the interest is lost).

But first of all, these persons should be required to point out the subject of Yājñavalkya’s assertion (Vyavahāra-58) regarding the ‘pledge becoming lost if it is not redeemed on the principal having been doubled.’ — (150)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 23) [for whose explanatory note, see note on verse 144]; — in Aparārka (p. 659), which adds that what is here laid down applies to cases where very little use has been made of the thing; in cases where the pledged thing has been very much used, no interest is to be paid; thus the reduction in the interest has to be determined by the extent of the use to which the thing may have been put; — and in Kṛtyakalpataru, (70a).

 

Comparative notes by various authors:

Nārada (1.128). — ‘That foolish person who uses a pledge without the authority of the owner, shall lose one half of his interest, as a compensation for such use.’

[See Texts under 143-144.]

 

 

VERSE 8.151 [Limitation of Interest (kusīdavṛddhi)]

Section XXVII - Limitation of Interest (kusīdavṛddhi)

 

कुसीदवृद्धिर्द्वैगुण्यं नात्येति सकृदाहृता ।
धान्ये सदे लवे वाह्ये नातिक्रामति पञ्चताम् ॥१५१॥

kusīdavṛddhirdvaiguṇyaṃ nātyeti sakṛdāhṛtā |
dhānye sade lave vāhye nātikrāmati pañcatām ||151||

 

Interest on money-loans stipulated at one time shall not exceed the double; in the case of grains, fruits, wool and beasts of burden, it shall not go beyond the quintuple. — (151)

 

Medhātithi’s commentary (manubhāṣya):

‘Kusīda,’ ‘monetary loans’ — the advancing of money for earning interest; or the money advanced may itself be called ‘Kusīda’; i.e., the money which is advanced with the idea ‘having advanced a small amount I shall get back a larger amount.’

The interest on such loans ‘shall not exceed the double — the creditor, having advanced the money to the debtor, shall receive from him only such an amount as may be the double of his principal.

“What the text says is that the interest should become ‘Double’; and this, along with the principal itself, should make the total amount received thrice the principal.”

It is not so; in the term ‘Dviguṇa,’ ‘double,’ the term ‘guṇa’ signifies part; and when we come to look out for a whole of which it would be the ‘part,’ it is the principal which, from the context, appears to us as the ‘whole.’ Hence when the text speaks of the ‘double,’ what is meant is the double of the capital advanced. To this end we have other Smṛti-texts — (a) ‘When there is delay, the capital advanced shall become doubled’ (Gautama, 12. 81); and (b) ‘The deposit is to be redeemed when the principal has become doubled’ (Yājñavalkya, Vyavahāra, 64).

‘Interest’ is paid in several forms: — (1) when coins are advanced, interest is paid in coins; (2) sometimes it is paid in the form of progeny; as in the case of female cattle; (3) sometimes in the form of the use of pledges, in the shape of cattle, land and the like.

The doubling of the interest is, according to some people, meant to pertain to those cases where the interest paid is of the same kind as the capital advanced; and the reason for this lies in the fact that it is only in such cases that the exact ‘double’ can be ascertained; while in the case of interest in the form of ‘progeny’ of animals, it cannot be ascertained whether the ‘doubling’ is to be computed by number, or size or measure; as in the case of such animals as elephants and horses, it is found that when they are bought or sold, their price depends upon their size; as a rule animals of larger size fetching higher prices.

“There is similarity of kind in the progeny also; the progeny of the cow is of the same species as the cow. So that there is no justification for any distinction as that into (a) ‘interest of the same kind’ and (b) ‘progeny.’”

The answer to this is as follows: — ‘Sameness of kind’ does not depend only upon belonging to the same species; in fact it depends upon similarity of age, size and other factors. Hence the distinction is quite correct. Further, in the case of interest in the form of the use of deposits also, how would the ‘double’ be determined? And when cows and lands are pledged, the benefit derived from the use of the cow is in the form of milk, while in the case of land, it is in the form of fodder and other produce; so that in these cases also what sort of ‘double’ would there be? In actual usage it is found that if the principal gold is not paid, land continues to be used and enjoyed for hundreds of years. Says Yāyñavalkya (Vyavahāra, 90) — ‘The pledge continues to be enjoyed so long as the capital is not paid off.’ [From all this it is dear that the limit of ‘double’ cannot he applicable to all cases.]

Our answer to this explanation of some people is as follows: — When what is asserted is the ‘doubling’ in regard to ‘interest’ in general, how can we restrict it to any particular kind of interest only? When the words of the text afford a certain meaning in a general form, we cannot restrict it to any particular case, unless there is some authority for doing it. As regards the argument that “there can be no doubling,’ in the case of progeny,” — ju st please make an effort to understand the matter: when an animal is pledged, its value is duly determined, and certainly the value of its progeny also could be similarly determined. Similarly in the case of the enjoyment of landed property also, when the fodder and grains become ripened, it can he easily determined when their value becomes equivalent to the principal.

Then again, the term ‘Guṇa’ (contained in ‘dviguṇa,’ ‘double’) signifies usefulness also. “in that case what is there that would be as useful as the principal?” It can always be found if a certain thing serves any useful purpose at all. And if the interest accruing he computed only at the price obtained from the sale of the grain and fodder produced from the land, — then also it would be possible for the interest to become equivalent to the principal, — even though there may be no exact equality of size and other details.

As for the ‘local custom’ that you have put forward, — that argument has been answered by yourself, when you called it ‘local.’ further, whenever there is any chance of customs being abandoned, it is Smṛti-texts that serve the useful purpose of affording the requisite check.

As regards the text — ‘the pledge is enjoyed so long as the principal is not paid up,’ — the phrase ‘so long as the principal is not paid up’ can he taken to mean ‘so long as it has not become doubled.’ In fact, with a view to reconciling it with other Smṛti-texts, it is best to take it in this sense. This has been fully explained by us elsewhere.

‘Stipulated at one time’ — i.e., what has been fixed upon at one time, in eases of the renewal of the loan. ‘Stipulating’ means fixing; and what is settling by verbal contract is also fixing. The loan is renewed, when the principal has become doubled and is not paid up. Even after the principal has been doubled, if the creditor is willing to earn further interest on it, and the debtor also wishes to retain the money for the purpose of currying on some large business, he renews the deed, entering as principal, the former principal along with the accrued interest, and thenceforward it is on this principal that the interest begins to accrue. And in that case, the principal, even though doubled, continues to grow further.

It continues to grow also when transferred to another person; for instance, when the principal has become doubled and the creditor has need of the money and asks the debtor to pay, the latter takes him to a third party, and says‘this man will make the payment for me in so many days’; and in this case during these additional days, further interest shall accrue. The third party in this case is not a ‘surety’ for payment, but only a ‘trustee,’ the man who actually does the payment. This is what has been explained by Ṛju to be the meaning of the debt being ‘transferred to another person.’

Or. ‘transference to another person’ may refer to the following transaction: — Even before the principal has become actually doubled, if the pledge is banded over to another person, — when the money with accrued interest has become doubled, then it is only right and proper that the pledge should be redeemed; but in this case it is taken away before the principal has reached the limit, — then, interest begins to accrue from that date, and the limit of ‘double’ shall be computed upon the total amount of the principal along with the interest accrued up to the date of the transference. That is, when the creditor, with the sanction of the debtor, hands over the latter’s pledge to a third party and receives his due from him, then the interest continues to accrue.

In both these cases (of ‘transference to another person’), before the doubling of the principal, the money-lender is, somehow or other, made to agree to receive payment from another person; or, ‘transference to another person’ may mean that case where the debtor takes a further loan from the creditor, but having to go away to foreign lands, transfers the loan by means of another document.

Ṛju however holds that, except in the case of the same debtor renewing the loan, no interest beyond the doubling of the principal can accrue. It is in accordance with this view that he has declared — ‘In the case of transference to another person, there should be renewal of the deed, and the need for this we shall explain.’

Some people have held the following view: — “The rule laid down in the present text refers to a case where the whole amount of interest accruing during the year is paid at one time [this being the meaning of the phrase ‘sakṛdāhiṭā ]; whereas if all the interest that has fallen due is not paid off wholly, then it will go on accruing, even beyond the limit of ‘double the principal.’”

But in this explanation, neither the negative particle ‘na’ nor the term ‘āhita’ retains its real meaning. For if the interest accrued during the first year has been received, and at the end of the second year, the interest is again brought up for payment, — where would there be any chance of the principal becoming doubled?

“The prohibition of excess may apply to a case where the debtor brings up for payment the amount of the principal which has become doubled with accrued interest. Even before the principal becomes doubled, if the debtor is able to pay up the interest only, he can do so, and there can be no limit placed upon the principal to be accepted.”

This view also is nothing. When the debtor is ready to pay up, he deserves favourable consideration, and he should not be made to pay more; and if a debtor is forced by the king to pay up, it cannot be right to remit the excess in his case. Nor does the term ‘āhitā’ of the text mean this.

If the word is read as ‘āhṛtā,’ then the exact signification of the term ‘sakṛt’ would be doubtful; reason would be scattered to the wings, and the text would he a self-conceived one, and not the one propounded by Manu.

From all this it follows, that the most reasonable conclusion is as explained by us above.

In the case of grains and other things, it does not exceed the ‘quintuple’ — i.e., five times.

Another Smṛti text lays down ‘quadruple’ in the case of grains: — ‘In the case of gold, cloth and grains, the interest is to be double, triple and quadruple respectively’ (Nārada, 107). And the law on this point is as follows: If the moneylender has become reduced to poverty, and the debtor has become opulent with much wealth, having earned much wealth by means of the grain he had borrowed, — then the interest is to be five times; and in other cases it is to be only four times.

‘Sada’ — stands for the fruit of trees, — ‘grains’ being mentioned separately.

‘Lava’ — stands, among northerners, for wool.

‘Beasts of burden’ — ass, camel, ox and so forth. — (151)

 

Explanatory notes by Ganganath Jha:

‘Smṛtyantare’ — (Medhātithi, p. 967, l. 30) — see Yājñavalkya (2. 39 ) — ‘Vastradhānyahiraṇyānām catustridviguṇā parā’, and in Nārada (107) — ‘Hiraṇyadhānyavastrāṇām vṛddhirdvitricaturguṇā.’

This verse is quoted in Mitākṣarā (on 2.39), which adds the following notes: — Capital invested for increase is called ‘kusīda’, — the increase thereof is called ‘vṛddhi’; — and this never goes beyond, exceeds, the double, — if it is the first original investment; in the case of the investment being one that has been transferred from one person to another, it can exceed the double, — as it becomes, in tins case, a fresh transaction. — If we adopt the reading ‘āhṛtā’ (in place of ‘āhitā’), the meaning would he that the amount cannot exceed the double only in the case where the interest is paid all at one time, and that in a case where it is paid by gradual instalments — daily, monthly or yearly, — it does exceed the double. It goes on — ‘The rule applies to cases where the loan has been advanced in one instalment, and is also paid back in one instalment; in cases where the loan has been transferred to another person, or a fresh transaction is entered into by the same parties after certain additions and subtractions, the interest does go on accumulating even after the principal, along with the interest, has reached the amount which is double of the original principal. — On the second half of the verse it remarks that in the case of grains and roots and flowers and fruits, the quantity payable may become five times of the principal. It explains ‘śada’ as agricultural products, fruits, flowers etc., — ‘lava’ as the wool of sheep, the hair of the camarī cow find so forth, — ‘vāhya’ as ‘bullocks, horses and the like.’ Interest on these cannot go beyond five times the principal.

It is quoted in Aparārka (p. 643), which adds that the term ‘sakṛt’ makes it clear that the amount can exceed the double, in a case where with the consent of the debtor the accrued interest is added on to the principal and a fresh transaction entered into. It adds that this applies only to transactions in gold.

It is quoted in Vyavahāramayūkha (p. 76), which adds that Vijñaneśvara and others have held that in a case where interest has been paid by instalments at intervals, the total amount of the amount to be paid ultimately may exceed the double.

It is quoted in Vivādaratnākara (p. 17), which adds the following Explanatory notes: — ‘Dhānye’, barley, vrīhi and the rest, — ‘sade’, fruits and other products from trees, — ‘lave’, wool of the sheep, hair of the Camarī and so forth, the etymological meaning being ‘what is shorn’, ‘lūyate’; — ‘vāhye’, ‘what is driven’, the horse and so forth; — if any of these things is lent, on interest, like gold and silver, — the amount to be paid should not exceed five times the principal. It is just possible that some one may borrow a hundredweight of grains, or a hundred horses, on loan at the rate of 2 per cent interest; — such a debtor, even after a very long time, can repay only five hundred, not more. The present text lays down ‘five times’ as the limit in the case of grain; but Bṛhaspati has fixed this limit at ‘four times’; while ‘three times’ is the limit fixed by Viṣṇu, Marīci, Vaśiṣṭha and Hārīta. In view of these alternative limits, the decision in any particular case will have to be determined by the character of the debtor concerned, or the nature of the time, and consideration of scarcity or affluence.

This verse is quoted in Nṛsiṃhaprasāda (Vyavahāra, 18b); — in Smṛtisāroddhāra (p. 326), which explains ‘sada’ as the produce of cultivation, other than, corn, — e.g., fruits and other things, — ‘vāhya’ as ‘bullock and the rest’, — and ‘lava’ as ‘wool and the like; — and in Vivādacintāmaṇi (p. 11), which says that at one transaction, in the case of gems and things of that kind also, the interest cannot go beyond the double; — that in grains etc. it can go upto fivefold; but in repeated transactions it can go beyond the said ‘double’; it notes the reading ‘sakṛdāhitā’; it explains ‘vāhya’ as‘bullock and the like’, — ‘śada’ as ‘field-prodce’, — ‘lava’ as ‘that which is lopped off’, i.e., wool, except that of the sheep.

 

Comparative notes by various authors:

Gautama (12.31, 36). — ‘If the loan remains outstanding for a long time, the principal may bo doubled; after which the interest ceases. The interest on animal-products, on wool, on agricultural produce, and on beasts of burden shall not increase more than the live-fold value of the object lent,’

Viṣṇu (6.11-14, 16, 17). — ‘On gold, the interest shall rise no higher than to make the debt double; on grain, three-fold; on cloth, fourfold; on liquids eight-fold; on substances from which spirituous liquor is extracted, on cotton, thread, leather, weapons, bricks, and charcoal, the interest is unlimited; on objects other than those just mentioned, it may be double.’

Yājñavalkya (2.39). — ‘For cattle and for women, the interest consists in the form of their offspring; in the case of clarified butter and other Rasas, the highest limit of interest is eight-fold; in that of cloth, fourfold; in that of grains, threefold; and in that of gold, double.’

Kātyāyana (Aparārka, p. 643). — ‘The money-lender shall receive double the amount lent.’

Nārada (1.105-107). — ‘There are special rules according to the local usages of the country where the loan has been made. In some countries the loan may grow till the amount of the principal has been reached; in other countries it may grow till it becomes three, or four, or eight times as large as the principal. The interest on gold, grain and clothes may rise to two, three, or four times the principal. On liquids, the interest may become octuple; of women and cattle, their offspring forms the interest.

Bṛhaspati (11.13-16). — ‘On gold and other precious metals, the interest may make the debt double; on clothes and base metals, treble; on grain, it is allowed to rise to four times the original amount; and so on edible plants or fruits, beasts of burden and wool. It is allowed to make the debt quintuple on pot-herbs; sextuple, on seeds and sugarcane; and octuple, on salt, oil and spirituous liquor. Likewise on sugar and honey, if the loan he of old standing. On grass, wood, bricks, thread, substances from which spirits may he extracted, leaves, hones, leather, weapons, flowers and fruits, no interest is ordained.’

Śukranīti (4.5.631). — ‘When the amount drawn from the debtor in the form of interest has reached twice the principal, then the King shall make the debtor pay only the principal and nothing more than that.’

Kātyāyana (Vivādaratnākara, p. 17). — ‘For gems, pearls, corals, for gold and silver — and for agricultural products and for insect-products (silk, etc.), — the interest shall stop at double of the principal. For oils, wines, clarified butter, molasses and salt, it shall go up to eight-fold.’

 

 

VERSE 8.152

Section XXVII - Limitation of Interest (kusīdavṛddhi)

 

कृतानुसारादधिका व्यतिरिक्ता न सिध्यति ।
कुसीदपथमाहुस्तं पञ्चकं शतमर्हति ॥१५२॥

kṛtānusārādadhikā vyatiriktā na sidhyati |
kusīdapathamāhustaṃ pañcakaṃ śatamarhati ||152||

 

Interest, stipulated in contravention of the law, being excessive, is not payable. They declare this to be the usurer’s way. It is only five per cent. to which the man is entitled. — (152)

 

Medhātithi’s commentary (manubhāṣya):

‘Anusāra’ is that which is followed in all matters; i.e., the law laid down by the scriptures. The law in relation to interests is diverse: one lays down the rate as the eightieth part of the hundred, and another as five per cent, if the rate of interest is stipulated ‘in contravention of’ — in excess of — these sanctioned rates, — it is ‘not payable’ — by the debtor to the creditor. — Why? — Because it is ‘excessive’ — i.e., against the law.

In support of this the text puts forward a commendatory declaration — ‘this they declare to be the usurer’s way.’ The term ‘kusīda’ — means that which is followed by evil persons; and then the persons themselves. This ‘way’ — path, conduct — is of evil persons, and not of good men. This is a deprecation of the act referred to.

If the lender is anxious to make as much money as possible out of the transaction, under the impression that the borrower is going to carry on extensive business with the help of the capital he is going to lend, then he may obtain five per cent., irrespectively of the caste of the borrower. What is meant is that this is all that he should seek to obtain.

Another reading is ‘kṛtā tu sārādadhikā’; and the meaning of the text would in that case he that — ‘if, at the outset, on account of the man’s poverty, a low rate of interest is fixed, but subsequently, the man having acquired much wealth, if, on account of his opulence — ‘sārāt’ — a large rate is demanded, this cannot he payable, since all that the man is entitled to is five per cent. — (152)

 

Explanatory notes by Ganganath Jha:

This verse in quoted in Vivādaratnākara (p. 14), which adds the following explanations: — Any interest, over and above what has been prescribed in the scriptures, — such as

2 per cent and so forth, — cannot be permitted, even though agreed to by the debtor; — why? — because they declare this to be the ‘usurious way’. If, under the stress of business, the creditor wishes to reap a large profit out of the debtor, then the utmost that he can recover is 5 per cent, — and not more, even though the debtor may have agreed to it; — and in Kṛtyakalpataru (p. 68b).

 

Comparative notes by various authors:

Bṛhaspati (11.9, 10-12). — ‘That interest has always to be paid which has been stipulated by the debtor himself, over and above the ordinary rate of interest, and has been promised in times of distress; when such special interest has been stipulated in any other manner, it must not be paid by any means. The use of a pledge after twice the principal has been realised from it, compound interest, and the exaction of the principal and interest together (as principal) are usury and are reprehensible.’

 

 

VERSE 8.153

Section XXVII - Limitation of Interest (kusīdavṛddhi)

 

नातिसांवत्सरीं वृद्धिं न चादृष्टां पुनर्हरेत् ।
चक्रवृद्धिः कालवृद्धिः कारिता कायिका च या ॥१५३॥

nātisāṃvatsarīṃ vṛddhiṃ na cādṛṣṭāṃ punarharet |
cakravṛddhiḥ kālavṛddhiḥ kāritā kāyikā ca yā ||153||

 

One shall not pay or receive an interest beyond the annual, or what is unapproved (or unaccumulated); nor compound interest, nor periodical interest, nor that which is (privately) stipulated, nor corporeal. — (153)

 

Medhātithi’s commentary (manubhāṣya):

‘Sāmvatsarī’ — means ‘pertaining to the samvatsara,’ ‘annual’; what is in excess of this ‘is atisāmvatsarī,’ ‘beyond the annual’; the idea of pertinence being implied by the nominal affix. Or we may first form the compound ‘atisamvatsara’ in the sense of ‘beyond the year,’ and then have the vowel-changes, giving the form ‘atisāmvatsarī.’

The interest that has been sanctioned in connection with all castes, — at the rate of 5 per cent, shall be realised for one year, and after the lapse of the year. Or, the meaning may be that no interest shall be realised during the year, — and after the year the debtor shall not delay the payment of interest.

‘Nirharet,’ ‘shall pay,’ — i.e., taking out of his own stock, offer to the creditor; what is paid before the year has expired would also be ‘beyond the annual.’

Or, the meaning may be that at the time of the transaction itself, it shall be determined whether the interest shall be computed monthly or yearly. It would not be right for a man desirous of earning interest for two years, to make the other party accept the loan for that long period the idea in his mind being — ‘what would be the use of earning the interest for a few months only? — if the principal is allowed to remain with him for two years, then I shall earn a decent interest.’ In such a case the man would so arrange the advance to the debtor that the interest would be paid after two years. That such a course would not be right is clearly indicated by such texts as — ‘one shall neither pay, nor cause another to pay, interest in such a single instalment as may be beyond the power of the man to pay.’ In the case of interest payable monthly, the debtor is made to pay the interest on the second day after the lapse of the month; similarly when the stipulation is that the interest shall be paid yearly, it should be paid on the second day after the lapse of the year, — and not computed by any longer time.

Nor shall he receive what is ‘adṛṣṭā’ ‘unapproved’; — i.e., a rate not sanctioned by the scriptures; — i.e., rates above 5 per cent., such as 10 per cent., or 11 per cent.

Some people hold that this is only a reiteration of what has been said (under 152) that ‘an excessive rate of interest is not payable.’

The right explanation of ‘adṛṣṭā’ therefore is ‘unaccumulated’; — the meaning being that interest shall not be received by the clay, or by the month, until it has accumulated during several months.

“But under 142 it has been declared that one may take ‘monthly interest.’”

What is meant by that is that the interest shall he computed by the month, and not that it shall be received month by month.

‘Compound interest’: — the various kinds of interest from here down to the ‘corporeal,’ should be construed with ‘he shall not pay.’ Though the prohibition is literally addressed to the debtor, yet it is really meant to be addressed to the creditor; for the debtor, being in distress, — what is there that he may not do?

Or, what is directly meant by ‘nirharet’ is receiving itself; so that the prohibition would he addressed literally to the creditor directly.

“In as much as the rates of interest have been fixed at 2, 3, 4 or 5 per cent, there is no possibility of ‘compound interest’ being paid or received: what then is the need of the present prohibition?”

Our answer is as follows: — This prohibition itself is indicative of the fact that it is open to the creditor to charge such interest also. Just as the prohibition that ‘the Brāhmaṇa shall not sing Sāman during Fire-laying’ is indicative of the fact that though no such Sama-singing is actually prescribed in connection with Fire-laying, yet it is open to the priest to do it. Thus the possibility of the various kinds of interest here mentioned being charged is indicated by this prohibition itself. For instance, in the case of men carrying on inferior kinds of business, the ‘compound’ and other interests are actually paid; it is thus that in connection with traders on land and water, etc., varying rates of interest have been prescribed: ‘Those trading in forests should pay ten per cent., those on the sea twenty per cent.; or among all castes people may pay any interest that has been stipulated among themselves’ (Yājñavalkya, Vyavahāra, 38). ‘Interest stipulated among themselves’ has thus been sanctioned by this other Smṛti-text among all castes, in relation to only those that trade in the forest, etc.; so that ‘compound interest’ is not permissible in other eases.

Interest charged on interest is called ‘compound interest,’ ‘cakravṛddhi.’ Others however explain the term ‘cakravṛddhi’ as ‘wheel-interest’; that in the case of wheeled conveyances, like the cart, etc., interest is paid only for those days on which they are used; and on days when the man has to go by boat, in the crossing of large rivers, no interest is paid. In the case of oxen and other things that are used as conveyances, interest is paid in this same manner and it is this that is called ‘wheel-interest.’

‘Periodical interest’; — “Interest computed month by month is called ‘periodical’” — says a text. But ‘month’ is mentioned only by way of illustration; what is meant is that interest which is not allowed to accumulate, being realised day by day, or month by month, and no time is allowed. Another kind of ‘periodical interest’ is that in which the creditor has stipulated — ‘if you do not pay the interest at such and such a time, my principal shall become doubled.’

‘Privately stipulated’; — when the creditor and the debtor tlx upon a special rate of interest, in view of each other’s requirements. This also is possible only in the case of distant traders. As for others, it has been declared — ‘successive interest is not payable’ and ‘he is entitled to only 5 per cent.’

Or, when what is lent is gold, and what is received in interest is cloth — whose real character is that of a deposit, — it is a case of ‘privately stipulated’ interest; and this would have the character of usufruct, in the case of what has not been kept as a pledge.

‘Corporeal’ — payable by bodily labour. This would be possible only in the case of labourers...... (?) — (153)

 

Explanatory notes by Ganganath Jha:

‘A creditor may take, for the term of a year, interest which has been settled by the following agreement — “when one, two or three months have passed, the interest on the capital shall be calculated and paid to me at one time”; but he shall not take the interest according to the agreement, if the year has passed’ (Kullūka and Rāghavānanda); — ‘If the creditor does not take the money due for two or three years, and the debtor pays then, the creditor shall not take more interest than for one year’ (Govindarāja).

‘Adrṣṭam’ — ‘Not found (in the Śāstras)’ (Medhātithi, Kullūka and Rāghavānanda); — ‘not accumulated by the lapse of several months’ (Medhātithi, alternatively and Nārāyaṇa).

‘Kālavṛddhiḥ’ — ‘Periodical (i.e., monthly) interest’ (Medhātithi, Govindarāja, Nārāyaṇa and Kullūka, who is not rightly represented by Buhler). — See Nārada — ‘Pratimāsam bhavantī yā vṛddhiḥ sā kālikā sṛmtā (smṛta?)’ (‘kālikā’ being the technical name for monthly interest, kālavṛddhiḥ).

‘Kāyikā’ — ‘To be paid by bodily labour’ (Medhātithi), — or ‘by the use of a pledged animal or slave’ (Medhātithi, alternative, Kullūka, Rāghavānanda and Nandana).

This verse is quoted in Vivādaratnākara (p. 9), which adds the following notes: — ‘Atisāṃvatsarī’ is that which has gone beyond a year. The meaning is that if the creditor, suspecting an early repayment of the loan, should stipulate that the loan must continue for a certain time, then he cannot stipulate for more than a year. Halāyudha, however holds the meaning to be that however much be the eagerness of the creditor to earn much interest, he should receive payment before one year passes, and not beyond that. — Nor should he receive an interest that is ‘adṛṣtā,’ ‘not permitted by the scriptures.’ — There are four kinds of interest not permitted, — cakravṛddhi, kālavṛddhi, kāritā and kāyikā; these he should not take.

It is quoted in Madanapārijāta (p. 229); — in Vīdhanapārijāta (II, p. 252); — in Nṛsiṃhaprasāda (Āhnika, 36a); — and in Kṛtyakalpataru (67b), which adds the explanation. — ‘The interest is to be calculated from the first month upto the end of the year, and not beyond that.’

 

Comparative notes by various authors:

Gautama (12.30, 34-35). — ‘Some declare that the said rates of interest should not be paid longer than a year. The following are the special forms of interest: — Compound interest, Periodical interest, Stipulated interest, Corporal interest, Daily interest and interest in the shape of using the pledge.’

Nārada (l.102-104) — ‘Interest has been declared in lawbooks to be of four kinds: — Periodical, Stipulated, Kāyikā, and Compound. That which runs by the month is Periodical interest; that promised by the debtor himself is Stipulated interest; interest at the rate of one Paṇa and a quarter, paid regularly without diminishing the principal, is denoted Kāyikā interest; interest upon interest is called Compound interest.’

Bṛhaspati (11.4-12). — ‘Interest has been declared by some to be of four kinds; by others, of five kinds; and by others again, of six kinds. Kāyikā, Kālikā, Cakravṛddhi, Kāritā, Śikhāvṛddhi, and Bhogalābha. Kāyikā interest is in the form of bodily labour; Kālikā is what is due every month; Cakravṛddhi is interest on interest; Kāritā is interest promised by the debtor; when interest is received every day, it is called Śikhāvṛddhi; because it grows constantly like hair, except on the loss of the head, that is, the payment of the principal. The use of a mortgaged house, or the produce of a field, is termed Bhogalābha. Sikhā interest, Kāyikā interest and Bhogalābha interest shall be realised by the creditor so long as the principal remains unpaid. But the use of a pledge after twice the principal has been realised, compound interest, and the exaction of the interest and the principal together are usury and are reprehensible.’

Śukranīti (4.5.638). — ‘Creditors take away people’s wealth by the compound rate of interest; so the King should protect the people from them.’

 

 

VERSE 8.154

Section XXVII - Limitation of Interest (kusīdavṛddhi)

 

ऋणं दातुमशक्तो यः कर्तुमिच्छेत् पुनः क्रियाम् ।
स दत्त्वा निर्जितां वृद्धिं करणं परिवर्तयेत् ॥१५४॥

ṛṇaṃ dātumaśakto yaḥ kartumicchet punaḥ kriyām |
sa dattvā nirjitāṃ vṛddhiṃ karaṇaṃ parivartayet ||154||

 

He who, unable to repay the debt, wishes to renew the contract, shall change the bond, after paying the accrued interest. — (154)

 

Medhātithi’s commentary (manubhāṣya):

If a man, having his wealth reduced, is unable to pay the doubled principal, he should be made to renew the contract, and to ‘change the deed’ — i.e., the document properly attested. But he should pay the interest that has already accrued.

This is an exception to what has been said as to the creditor not receiving more than double of bis principal; — since the loan-transaction remains in force.

“How does it follow that there is an exception to the non-exceeding of the double?”

Because in this case there is nothing to show whether further interest accrues upon the principal along with the accrued interest, or upon the principal only; all that is mentioned is the ‘renewal of the contract,’ which is explained in other words — ‘he shall change the bond.’

“If further interest does not accrue on past interest, for what purpose should the bond be altered?”

The answer is as follows: — When interest has ceased to accrue, and the money is not paid, there is every possibility of laxity (on the part of the debtor), and of the witnesses (of the old document), forgetting all about the transaction; and a debt thus ignored for ten years would become non-payable; as has been declared in the following text. — ‘Where a document is ignored for ten years, there can be no suit on its basis; especially in the case of assaults (?).’

This is how it has been explained by older writers.

The following verse (from Nārada, 131) lays down the favour that the king may show towards the debtor:

If by lapse of time the debtor becomes bereft of the capacity to pay, he should be made to pay the debt according to hit capacity, taking into consideration the time and place and the rate of interest.

[The meaning of this is as follows] —

If, through evil fate, the debtor becomes reduced to poverty, he shall not he chastised with imprisonment in the jail and soforth. “What is there to be done?” Whenever he should happen to have any property at all, he should be made to repay the debt by small instalments; — this is what is meant by the phrase ‘according to his capacity.’ This is what is going to be described as — ‘the debt should he liquidated even by bodily labour, etc., etc.’ (8.177.)

In view of this text, the use of altering the bond is just as we have explained above.

 

Explanatory notes by Ganganath Jha:

Karaṇa’ — ‘Written bond’ (Kullūka and Rāghavānanda); — ‘written bond and witnesses’ (Medhātithi).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 193), which adds the following explanation: — ‘When the time for repayment arrives, if the debtor, find himself unable to pay the whole amount due — the principal along with accrued interest, — and the creditor is unwilling to keep the loan hanging, — and should wish to renew the transaction on the same terms, he should pay the accrued interest and renew the bond, dated afresh with the new date.’

It is quoted in Vivādaratnākara (p. 72), as laying down one of the methods of ‘compound interest.’ It adds the following notes: — ‘Nirjitām,’ legally due to the creditor; of this accrued interest he should pay either the whole, or a part only, and add the remainder to the principal and renew the bond for the total; — in Nṛsiṃhaprasāda (Vyavahāra, 19b); — in Kṛtyakalpataru (80a), which explains ‘nirjitām’ as ‘determined to have already accrued to the creditor,’ — and ‘karaṇ am parivartayet’ as ‘should write another document attested by fresh witnesses’; — and in Vīramitrodaya (Vyavahāra, 104a).

At the end of Adhyāya VIII, Mandlik has printed the following verse with Medhātithi’s explanation thereupon —

atha śaktivihīnaḥ syād ṛṇī kālaviparyayāt |
śakyaprekṣam ṛṇaṃ dāpyaḥ kāle deśe yathodayam||

 

This verse, though commented upon by Medhātithi, has been omitted by all other commentators.

It is found in Nārada (131.) It is quoted in Vivādaratnākara (p. 71) as from Nārada; it explains ‘Śaktivihīnaḥ’ as ‘without ability to repay the debt,’ and ‘kālaviparyayāt’ as ‘on account of famine and so forth.’

The verse is not Manu’s, it is Nārada’s; and it has been only quoted by Medhātithi and explained by him in course of his comment on verse 159.

 

Comparative notes by various authors:

(verses 8.154-155)

Nārada (1.131, 134). — ‘When a debtor has been disabled by a reverse of fortune (from paying the debt), he shall be made to discharge the debt gradually, according to bis means, as he happens to gain wealth. If the debtor, owing to a calamity, has not means sufficient to discharge the whole debt, the claim of the creditor shall be entered in a legal document, specifying the caste (of the parties), their names and names of their neighbours.’

Bṛhaspati (11.47, 60). — ‘A loan shall be restored on demand, if no time has been fixed; or on the expiry of the time, if time has been fixed; or when interest ceases. When the time fixed for payment has elapsed, and the interest has ceased, the creditor may either recover his loan or cause a new bond to be written in the form of compound interest.’

Bhāradvāja (Parāśaramādhava-Vyava., p. 193). — ‘If the debtor has no money to repay the debt, he shall liquidate it by giving grains, gold, or cattle, or clothes, slaves or conveyances.’

 

 

VERSE 8.155

Section XXVII - Limitation of Interest (kusīdavṛddhi)

 

अदर्शयित्वा तत्रैव हिरण्यं परिवर्तयेत् ।
यावती सम्भवेद् वृद्धिस्तावतीं दातुमर्हति ॥१५५॥

adarśayitvā tatraiva hiraṇyaṃ parivartayet |
yāvatī sambhaved vṛddhistāvatīṃ dātumarhati ||155||

 

Not having brought forward the gold, he should renew the bond; and he should pay as much interest as may be possible. — (155)

 

Medhātithi’s commentary (manubhāṣya):

‘Not having brought forward’ — paid up — ‘the gold,’ — i.e., the amount of gold due as interest, — ‘he should renew the bond’; — i.e., in the presence of witnesses he should make the declaration — ‘I owe this man so much principal and so much interest,’ — and should put this down in writing also; entering the amount of interest for one year; — so explain some people.

And in the new bond, when the principal along with accrued interest has been entered as the principal, the rate of interest stipulated should he very low; just such as may not become too much of a burden for the man; that is, it should be lower than the former rate.

Yajvan, Asahāya and Nārada hold that at the time of the renewal of the bond the debtor should be made to pay even a shell, if he is able to do so; so that the witnesses may not be witnesses to a mere verbal statement, but to the actual payment of even a small amount as interest; so that they actually see the money-transaction; and when they come to be examined, — which may be any time during ten years, — they may have their mind firm, on account of being able to recall what they had heard and also actually seen with their eyes. — (155)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 73), which adds the following notes: — ‘adarśayitvā hiraṇyam’, not bringing up the gold for payment, — not even a single pice, — and hence not paying even the interest, he should add the accrued interest to the original principal, and making this total the new principal, he should enter it in the new bond that he should write. Though the entire interest is actually due to be paid at the time, yet, if he is unable to pay the whole, he may pay just that much of it which he may be able to pay; — this is what is meant by the clause ‘yāvatī sambhavet etc.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 194), which adds the following explanation: — ‘Hiraṇyam adarśayitvā’, — not having paid the interest that has been earned, — he should have it included in that same bond; — in Kṛtyakalpataru (80a), which explains ‘hiraṇyam adarśayitvā’ as ‘not paying any part of the accrued interest to the Creditor,’ the meaning is that he should pay as much of the accrued interest as hew can, and then make out a fresh document; — and in Vīramitrodaya (Vyavahāra, 104a).

 

Comparative notes by various authors:

(verses 8.154-155)

See Comparative notes for Verse 8.154.

 

 

VERSE 8.156

Section XXVII - Limitation of Interest (kusīdavṛddhi)

 

चक्रवृद्धिं समारूढो देशकालव्यवस्थितः ।
अतिक्रामन् देशकालौ न तत्फलमवाप्नुयात् ॥१५६॥

cakravṛddhiṃ samārūḍho deśakālavyavasthitaḥ |
atikrāman deśakālau na tatphalamavāpnuyāt ||156||

 

When a man has entered into a ‘wheel-contract’ wtth reference to a particular place or time, — if he fails in regard to the place or time, he shall not suffer its reward. — (156)

 

Medhātithi’s commentary (manubhāṣya):

‘I am going to Benares, — my purpose being the acquiring of merit as well as trading in vessels; and such and such an amount shall be the interest paid upon the wheeled conveyance you supply’; — this contract having been entered into, if the man does not actually proceed to Benares, being forced back with only a little profit, by difficulties in the form of forests, river-crossings and anarchism, — then he should not be made to pay the entire amount of interest stipulated; for how can the reward that would be due to those who have gone to Benares be due to those who never went to that place? When the oxen go a long distance, it involves much labour on their part; so that it is right that the reward of their owner should he commensurate with that labour; but when they have returned sooner than stipulated, it is open to the owner to make further profit on them by hiring them out afresh.

This is what is meant by ‘failure’ in the text.

Similarly as regards time also, the contract being — ‘These oxen may work for me for a month, and your interest shall be so much,’ — if the man returns the bullocks in a fortnight (the man does not have to pay the full reward).

In both these cases, the debtor has ‘entered into the wheel-ccntract’ — i.e., accepted its terms — and in this contract a special place or time has been stipulated, — if then, on account of reasons described above, he has not kept up to the stipulated place or time, and has thus ‘failed’ in regard to them, — ‘he shall not suffer’ — have to pay — ‘the reward,’ in the form of the stipulated interest. — (156)

 

Explanatory notes by Ganganath Jha:

‘Cakarvṛddhi’; — ‘Interest on wheeled carriage’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘compound interest’ (Nārāyaṇa as also ‘others’ in Medhātithi on verse 157).

This verse is quoted in Vivādaratnākara (p. 73), which gives a totally different explanation: — ‘Deśakālavyavosthitaḥ cakravṛddhim samārūḍhaḥ’ means ‘having entered into an agreement regarding cakravṛddhi’ to the effect that “at such and such a place and time I shall take döuble this amount,” — if the creditor asks for repayment of his dues with compound interest, before the stipulated time, or at a place other than the stipulated one, then he shall not receive his dues with compound interest;’ — in Kṛtyakalpataru (80a), which explains ‘samārūḍha’ as ‘stipulated, agreed upon,’ and ‘tatphalam’ as the effect of the cakravṛddhi; — and in Vīramitrodaya (Vyavahāra, 104a).

 

Comparative notes by various authors:

(verses 8.156-157)

Arthaśāstra (p. 64). — ‘For 100 Paṇas, the proper interest is ¼ Paṇa; 5 Paṇas for traders; 10 Paṇas for dealers in forests; 20 Paṇas for dealers on the seas.’

Yājñavalkya (2-38). — ‘Dealers in forests should pay 10 per cent., and dealers on the seas, 20 per cent.; or men may pay to all castes whatever interest may have been agreed upon by themselves.’

 

 

VERSE 8.157

Section XXVII - Limitation of Interest (kusīdavṛddhi)

 

समुद्रयानकुशला देशकालार्थदर्शिनः ।
स्थापयन्ति तु यां वृद्धिं सा तत्राधिगमं प्रति ॥१५७॥

samudrayānakuśalā deśakālārthadarśinaḥ |
sthāpayanti tu yāṃ vṛddhiṃ sā tatrādhigamaṃ prati ||157||

 

As regards the exact amount to be paid, the interest shall be that which is fixed by persons expert in sea-voyages, and those capable of calculating the profits in connection with a particular place and time. — (157)

 

Medhātithi’s commentary (manubhāṣya):

The present verso is an answer to the question — “In the case cited above, is there to be paid no interest at all? Or is it to be 5 per cent?”

‘Sea-voyage’ has been mentioned only by way of illustration; the sense is that whatever interest is fixed by traders who know all about journey by land and water, should be determined as the exact amount to be paid.

‘Those capable of calculating the profits in connection with a particular place and time,’ — persons who know what amount of profit is to be made whore, — and not only those, pilots and others, who are expert in sea-voyages.

Others have explained the foregoing verses in the following manner, making gratuitous additions to its words: — The last verse (157) is in answer to the question. — “In a case where the debtor has entered into a contract on the strength of profits to be made at a particular place or time, — but on reaching that place, he does not make the profit that he had expected, — then what amount of interest should he pay?” And the mention of the term ‘cakravṛddhi’ (which, in this interpretation would not mean ‘wheel-interest,’ but ‘compound interest,’ which the debtor agrees to pay, on expectation of large profits) would include the ‘privately stipulated’ interest also. In such a case, the king shall decide as due that amount of interest which may be fixed by those tradesmen who know each other’s circumstances and the chances of profit and loss.

‘As regards the exact amount to be paid,’ ‘adhigamam prati,’ — ‘Prati’ is a proposition denoting ‘indication,’ and as such governs the Accusative in ‘adhigamam,’ according to Pāṇini 1.4.90.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 11), which adds that the term ‘Samudrayānakuśalāḥ’ stands for all merchants; — ‘deśakālārthadarśinaḥ,’ those who know that in such and such a country such and such profit is to be made; — ‘adhigama’ is ‘decision’ i.e., ‘by that is the interest to be determined;’ — and in Kṛtyakalpataru (68a), which has the following notes: — ‘Samudrayānakuśalāḥ’ stands for tradesmen in general, — ‘deśakālārthadarśinaḥ,’ one who knows what profit is obtained at what time, — ‘adhigama’ is decision, finding.

 

Comparative notes by various authors:

(verses 8.156-157)

See Comparative notes for Verse 8.156.

 

 

VERSE 8.158 [Sureties (pratibhū)]

Section XXVIII - Sureties (pratibhū)

 

यो यस्य प्रतिभूस्तिष्ठेद् दर्शनायैह मानवः ।
अदर्शयन् स तं तस्य प्रयच्छेत् स्वधनाद् ऋणम् ॥१५८॥

yo yasya pratibhūstiṣṭhed darśanāyaiha mānavaḥ |
adarśayan sa taṃ tasya prayacchet svadhanād ṛṇam ||158||

 

When a man stands surety for the appearance of a person, if he does not produce him, he shall pay his debt out of his own property. — (158)

 

Medhātithi’s commentary (manubhāṣya):

In the case of Loan-transactions there are two kinds of security — a Surety and a Pledge. The present verse deals with the case where the security is in the form of a surety.

There are three kinds of Surety — (1) for appearance, (2) for guarantee and (3) for payment. The present text refers to the surety for appearance.

‘If a man stands surety for the appearance of a person — saying ‘I shall produce him at such and such a place’ — if he fails to do so, he shall pay the debt out of his own property.

The term ‘debt’ stands for all objects of dispute. The meaning therefore is that in suits relating to any object, the surety should have to make good that object. In the case of defamation, assault, adultery and other offences, if the surety has given the undertaking that ‘if I do not produce the accused I shall pay such and such a sum,’ then he shall have to pay that sum; but in the event of there being no such undertaking, he should he made to pay only the fine that the king imposes upon the accused...... (?) — (158)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 185).

 

Comparative notes by various authors:

Viṣṇu (6.41). — ‘Sureties are ordained for appearance, for honesty and for payment; the first two kinds of surety must pay the debt on failure of their engagements; as for the last, their sons also may be made to pay.’

Yājñavalkya (2.53). — ‘Surety has been ordained for appearance, for honesty and for payment; the first two should he made to repay the debt on the failure of their engagements; as for the last, his sons also may be made to pay.’

Śukranīti (4.5.244-248). — ‘Having noticed that the defendant brought up by the Bailiff has other engagements, the King should take a suitable surety for his appearance. “I shall pay what is not paid by this man, — I shall present him before you, — I shall make him deliver a pledge, — You have no fear from him; — I shall do what he fails to do; — such and such are his occupations; — he does not swear falsely.”’

Nārada (1.118-119). — ‘For appearance, for payment, and for honesty; these are the three different purposes for which three sorts of sureties have been ordained by the sages. If the debtors fail to discharge the debt, or if they prove dishonest, the surety for payment and for honesty must pay the debt; and so must the surety for appearance, if he fails to produce the debtor.’

Bṛhaspati (11.39-42). — ‘For appearance, for honesty, for payment, and for delivering the assets of the debtor — it is for these four different purposes that sureties have been ordained by the sages in the legal system. The first of these says, “I shall produce the man”; the second says, “He is a respectable person”; the third says, “I shall pay the debt”; the fourth says, “I shall deliver his assets.” If the debtors fail in their engagements, the first two sureties must pay the sum lent at the appointed time; both the last two sureties, and in default of them, their sons, are liable for the debt, when the debtors break their promise. The creditor should allow time for the surety to search for the debtor who has absconded, — a fortnight, a month, or a month and a half, according to the distance of the place where the man may he supposed to he hiding.’

Kātyāyana (Parāśaramādhava-Vyavahāra, p. 186). — ‘For the searching of the absconding debtor, the surety should be given time, extending up to a month and a half; if he produces him by that time, he should he absolved from responsibility. If, even on the lapse of the time, he is unable to produce him, he should be made to pay the debt.’

 

 

VERSE 8.159

Section XXVIII - Sureties (pratibhū)

 

प्रातिभाव्यं वृथादानमाक्षिकं सौरिकां च यत् ।
दण्डशुल्कावशेषं च न पुत्रो दातुमर्हति ॥१५९॥

prātibhāvyaṃ vṛthādānamākṣikaṃ saurikāṃ ca yat |
daṇḍaśulkāvaśeṣaṃ ca na putro dātumarhati ||159||

 

But the son shall not be liable to pay the surety-money, or a futile gift, or gambling deists, or debts due to liquor, or the balance of fines and duties. — (159)

 

Medhātithi’s commentary (manubhāṣya):

‘Prātibhāvyam’ is that which is due from the surety, — i.e., the paying off of the debt due by the party for whom he has stood surety; it is this that is called ‘surety-money.’

What is denied here is the son’s liability; and the denial of liability implies the denial of its being his duty to pay; and in as much as a man never pays what it is not his duty to pay, the meaning of the text is that he should not pay. The sense of (the root ‘arh’ is to be thus explained in accordance with the sense of the infinitive verb with which it occurs.

“But how could there be any idea of the son’s liability to pay the surety-money, etc., when these were not debts incurred by his father?”

There is no force in this objection. When a man has undertaken to pay a certain sum it is as good as a ‘debt,’ since the result is the same. And when definitely known, it is a ‘debt,’ and as such may he considered as being due to be paid by the son. That is why this liability has got to be denied.

‘Futile gift’; — Gift promised in joke or under similar circumstances, made in some such form as ‘I request you to have this man paid such and such an amount by such and such a banker.’ If a messenger has been sent with this message, but the payment is not actually made, either on account of the banker’s absence, or of some other reason, — and the father dies in the meantime, — the son cannot be made to pay the gift.

Debts incurred in gambling are ‘gambling debts’; i.e., the amount that has been actually lost at play, or the money that can he proved to have been borrowed for the purpose of gambling, shall not he paid. In the case of a person who abandons his family and relations and lives and sleeps constantly at gambling dens, and is known to be always playing, — it can he easily ascertained that his debts are all due to gambling.

Debts due to drinking are said to be, ‘due to liquor’; ‘liquor’ standing for all sorts of intoxicating drugs. Hence the present denial partains to the debts of a man who is an inveterate drunkard.

‘Balance of fines and duties’; — if the father has paid a part of the fine or part of the duty, — but did not pay the entire amounts, — then the balance cannot be realised from the son. That is, he cannot be made to pay what the father did not pay.

Another Smṛti text lays it down in general terms — ‘the son shall not be made to pay surety-money, trade-duties, debts due to gambling and drinking, and lines.’ ( Gautama, 12.41.)

Thus then, there is an option. If the crime for which the fine had been inflicted was a serious one, or the property inherited from the father is a large one, then the balance only of the fine, as of the duties, shall be remitted; but if they have not. been serious, then the whole shall be remitted. — (159)

 

Explanatory notes by Ganganath Jha:

‘Vṛthādānam’ — ‘Gifts promised in jest, or to clowns, bards and such persons’ (Medhātithi, Nārāyaṇa and Kulluka). — ‘gifts promised not for religious purpose, but to singers and the like’ (Nandana). —

“Vaśiṣṭha (16.31) gives this verse as a well-known quotation. So Gautama (12.41).” — Hopkins.

This verse is quoted in Vivādaratnākara (p. 57), which adds the following notes: — The term ‘prātibhāvyam’ refers here to sureties of both kinds — surety for appearance, and surety for trust; — ‘vṛthādānam’ is useless gifts; — ‘ākṣikam,’ that due to gambling; — ‘saurikam’, that due to wine-drinking; — the ‘gambling’ and ‘drinking’ meant here are of the improper kind; — and in Kṛtyakalpataru (76b).

 

Comparative notes by various authors:

(verses 8.159-162)

Vaśiṣṭha (16.31). — ‘They quote the following: — “A son need not pay money due by a surety, anything idly promised, money due for losses at play or for spirituous liquor, nor what remains unpaid of a fine or a toll.”’

Gautama (12.41). — ‘Money due by a surety, a commercial debt, a marriage-fee, debts contracted for spirituous liquor or in gambling, and a fine shall not involve the sons.’

Viṣṇu (6.41). — ‘Surety is ordained for appearance, for honesty, and for payment; the first two themselves (not their sons) shall pay the debt on failure of the engagement; but of the last, the sons also would be liable to pay.’

Yājñavalkya (2-47, 53, 54). — ‘The son shall not pay his father’s debt involved in connection with wine, or love or gambling, or with balances of line and toll, or with idle gifts...... Surety is ordained for appearance, for honesty and for payment; on failure of the engagement, the first two shall pay the debt, and in the case of the last, his sons also shall be liable to pay. In a case where the surety for appearance or the surety for honesty has died, his son shall not he made to pay the debt; but in the case of one for payment, the sons should pay.’

Bṛhaspati (11.39-42). — (See under 158.)

Do. (11.51). — ‘Sons shall not he made to pay a debt incurred by their father for spirituous liquor, for losses at play, for idle gifts, for promises made under the influence of love or wrath, or for suretyship; nor the balance of a fine or toll.’

Nārada (1.118-19). — (See under 158.)

Do. (1.10). — ‘The son must pay the debt contracted by the father, excepting those debts which have been contracted from love or anger, or for spirituous liquor, games or bailments.’

Vyāsa (Aparārka, p. 656). — ‘The son shall pay the sum due by reason of suretyship.’

Kātyāyana (Do., p. 656). — ‘The debt contracted by the father in connection with suretyship must be paid by the son.’

Yājñavalkya (2.55, 56). — ‘If there are several sureties, each shall pay to the creditor his own proportionate share of the debt. If each one of them has stood surety for the whole amount, the creditor may realise it from them in any way he chooses. In a case where the surety has been publicly compelled to pay the creditor, the debtor should pay to the surety double of the amount paid by him.’

Nārada (1. 120, 121). — ‘When there is a plurality of sureties, they shall pay each proportionately, according to agreement. If they were hound severally, the payment shall be made by any of them, as the creditor pleases. Twice as much as the surety, harassed by the creditor, has given to the creditor, shall the debtor pay hack to the surety.’

Bṛhaspati (11.44). — ‘When a surety, being harassed, pays a proved debt which he has vouched for, the debtor shall pay him twice as much, after the lapse of a month and a half.’

Kātyāyana (Aparārka, p. 657). — (Same as Bṛhaspati.)

 

 

VERSE 8.160

Section XXVIII - Sureties (pratibhū)

 

दर्शनप्रातिभाव्ये तु विधिः स्यात् पूर्वचोदितः ।
दानप्रतिभुवि प्रेते दायादानपि दापयेत् ॥१६०॥

darśanaprātibhāvye tu vidhiḥ syāt pūrvacoditaḥ |
dānapratibhuvi prete dāyādānapi dāpayet ||160||

 

The law laid down in the preceding verse shall apply to the case of ‘Surety for appearance’; in the case of the death of the ‘Surety for payment’ however, the king shall make the heirs also to pay up. — (160)

 

Medhātithi’s commentary (manubhāṣya):

The ‘law laid down’ — by me — ‘in the preceding verse,’ — viz., ‘the surety-money due from the father shall not be payable by the son’ — applies only to the case of ‘surety for appearance.’

This assertion might give rise to the idea that the son should be made to pay in the case of ‘surety for guarantee,’ — hence the author proceeds to add — ‘In the case of the death of the surety for payment,’ the heirs are made to pay up, and not in the case of any other kind of surety.

“If such is the meaning, then the first half of the verse is superfluous; for when it is declared that the son is liable only for the dues by the Surety for Payment, it follows that he is not liable for the dues by any other form of surety. If it be argued that it is for the purpose of making things clear that the first, half is added, — then the case of ‘surety for guarantee’ also should have been added, otherwise, it would be doubtful whether the denial (contained in the preceding verse), excluded as it would be from the two cases of surety, is a prohibition or a positive injunction.”

There can be no such doubt; since the matter has been clearly stated in another Smṛti — ‘In a case where the surety for appearance, or the surety for confidence, has died, the sons should not pay the dues, but they should pay in the case of the Surety for Payment,’ (Yājñavalkya, Vyavahāra, 54). In the present text also, as the assertion ‘in the case of the death of Surety for Payment, etc.,’ is in the form of a positive injunction, it cannot become applicable to the case of any other form of surety. There is nothing wrong however in the implications of merely re-iterative assertions (as the first half of the verse is) being extended (to cases other than those directly mentioned). If the question is raised, as to the purpose for which such re-iteration should have been made, — our answer is that it is a peculiarity of Manu’s style of writing. — (160)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Vivādaratnākara (p. 57), which adds that ‘darśanaprātibhāvya’ includes the surety for trust also [this is clear from Yājñavalkya, 254, where both are put on the same footing] — the second half is quoted on p. 43 where ‘dānapratibhū’ is explained as ‘the surety who had promised I shall pay,’ — and ‘dāyādān’ as ‘sons.’

(1) ‘Darśana-pratibhū’ is the person standing surety with the promise ‘I shall produce this man when required’; — (2) Pratyayapratibhū is one who says ‘give him the loan on my trust’; — (3) Dānapratibhū’ — who says ‘give him the loan, which, if he does not pay, I shall pay.’

The verse is quoted in Kṛtyakalpataru (74a and 76b).

 

Comparative notes by various authors:

(verses 8.159-162)

See Comparative notes for Verse 8.159.

 

 

VERSE 8.161

Section XXVIII - Sureties (pratibhū)

 

अदातरि पुनर्दाता विज्ञातप्रकृतावृणम् ।
पश्चात् प्रतिभुवि प्रेते परीप्सेत् केन हेतुना ॥१६१॥

adātari punardātā vijñātaprakṛtāvṛṇam |
paścāt pratibhuvi prete parīpset kena hetunā ||161||

 

“By what means then would the creditor seek to obtain his dues, in the event of the death of the surety other than that for ‘payment,’ whose character is fully known?” — (161)

 

Medhātithi’s commentary (manubhāṣya):

Having raised a question by means of the present verse, the Author answers it in the next verse: and the grounds for doubt are expressed by means of the two words ‘other than that for payment’ and ‘whose character is fully known’; — the three words with the locative ending — ‘adātari,’ ‘pratibhuvi’ and ‘vijñātaprakṛtau’ being construed together.

‘By what means would the Creditor seek to obtain his dues?’ — Should he seek to obtain it entirely by his own operations? Or should he also urge the surety’s son?

“Why should there be any such doubt, when it has been distinctly asserted that in the case of the death of sureties other than that for payment, the sous shall not be liable? — what connection then can the sons have with such dues?” The doubt arises because the surety is one ‘whose character is fully known’; which means that it is fully known that the man had received payment for becoming ‘surety ’; and this fact, being known, might give rise to the idea that his sons should be liable; since it is possible that the amount paid to the surety was for the purpose of paying off the debt in question.

The particle ‘punaḥ,’ ‘then,’ serves to distinguish the present from the preceding verse; the meaning being — ‘if the liability falls upon the sons of the surety for payment only, then in the case of the death of one who is surety not for payment, from whom would the creditor, after his death, seek to obtain his dues?’

The rest has been already explained.

‘Parīpsā’ is seeking to obtain. — (101)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 43), which takes it as putting the question which is answered in the next verse. It adds the following notes: — ‘Adā tari’, i.e., a surety other than the one for payment (i.e., the surety for appearance and the surety for trust), — being ‘vijñātoprakṛti’ — i.e., being known to have stood surety after having received something in pledge from the debtor; and thus having its character fully known; — if such a surety dies , — ‘kena hetunā’ — by what means — is the ‘dātā’ — the man who advanced the loan, the creditor, — to receive back the debt? The work goes on to quote Halāyudha as explaining the term ‘vijñatoprakṛti’as ‘being known that he became the lagnaka (?) on receiving a pledge’, and regarding the verse as denying the creditor’s right to receive payment from the surety’s heirs on his death. But remarks that the net result of both explanations is the same.

This verse is quoted in Kṛtyakalpataru (74a), which has the following notes: — ‘Adātari’, a surety other than Dānapratibhū, — ‘dātā’, the creditor, — ‘vijñātoprakṛti’, one whose solvency is well known.

 

Comparative notes by various authors:

(verses 8.159-162)

See Comparative notes for Verse 8.159.

 

 

VERSE 8.162

Section XXVIII - Sureties (pratibhū)

 

निरादिष्टधनश्चेत् तु प्रतिभूः स्यादलन्धनः ।
स्वधनादेव तद् दद्यान्निरादिष्ट इति स्थितिः ॥१६२॥

nirādiṣṭadhanaścet tu pratibhūḥ syādalandhanaḥ |
svadhanādeva tad dadyānnirādiṣṭa iti sthitiḥ ||162||

 

If the surety were one to whom money had been made over and who had enough money, — then he to whom it had been made over shall pay it out ok his own property; such is the settled rule. — (162)

 

Medhātithi’s commentary (manubhāṣya):

If the surety is one who is ‘Nirādiṣṭadhanaḥ,’ a person to whom money has been handed over by the debtor, with the instruction — ‘In the event of my being unable to pay, you will please clear oil the debt with this,’ — and hence ‘alandhanaḥ,’ having ‘enough money’; — i.e., who had made over to him money sufficient to pay off the whole amount due to the creditor-then he should be made to pay. But if the amount made ever to him was small, while the amount of the debt is large, then he should not be made to pay.

This verse supplies the answer to the question in the preceding verse.

Though the money had been made over to the surety, yet it is the son who is to be made to pay out as of his own property (the surety having died). Hence the words should be construed to mean ‘the son of the surety to whom money had been made over’; as it is the son that forms the subject-matter of the context; as for the surety himself, his liability would follow from the mere fact of his being a ‘surety.’

‘Such is the settled rule,’ — ordinance deduced from the scriptures.

What is intended having been already expressed by the term ‘alandhanaḥ,’ ‘who had enough money,’ — the addition of the term ‘nirādiṣṭadhanaḥ,’ ‘to whom money had been made over,’ is due to the fact of the treatise being a metrical one (which admits of superfluous words and expressions). — (162)

 

Explanatory notes by Ganganath Jha:

‘Alandhanaḥ’ — Qualifies the surety (Medhātithi, Govindarāja and Nārāyaṇa); — it qualifies the surety’s heir (Rāghavānanda); — Nandana reads ‘alakṣitaḥ’ and explains it as ‘if the surety who received the money is not found.’

This verse is quoted in Vivādaratnākara (p. 48), as providing the answer to the question put in the preceding verse. It adds the following explanation: — If the surety, to whom money had been handed over (nirādiṣṭa) by the debtor, is ‘alandhanaḥ’, — i.e., he has really got the money, — then, on his death, the ‘nirādiṣṭaḥ’ — i.e., the son of the surety to whom money had been handed over — should pay the debt out of his own property. The term ‘nirādiṣṭaḥ’ is applied figuratively to the son.

It is quoted in Kṛtyakalpataru (74a), which has the following notes: — ‘Nirādiṣṭadhana’, is the surety to whom enough money had been handed over by the creditor, to cover the amount of surety involved, — ‘alandhanaḥ’, possessed of sufficient property, — the second ‘nirādiṣṭa’ stands for the son of the person who had stood surety and has since died; the meaning being that the son should make good the debt for which his father had stood surety.

 

Comparative notes by various authors:

(verses 8.159-162)

See Comparative notes for Verse 8.159.

 

 

VERSE 8.163 [Contracts, when invalid]

Section XXIX - Contracts, when invalid

 

मत्तोन्मत्तार्ताध्यधीनैर्बालेन स्थविरेण वा ।
असम्बद्धकृतश्चैव व्यवहारो न सिध्यति ॥१६३॥

mattonmattārtādhyadhīnairbālena sthavireṇa vā |
asambaddhakṛtaścaiva vyavahāro na sidhyati ||163||

 

A transaction is not valid when effected by one who is drunk, or insane, or distressed, or wholly dependent, or minor, or senile, or unauthorised — (163)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘vyavahāra’ is synonymous to ‘kārya,’ which stands for all such transactions as gifts, deposits, sales and so forth, as also the documents supporting these; — all this is ‘not valid’; i.e., even though it has been done, it is as good as undone.

‘Drunk’ and ‘insane’; — these terms have been already explained before.

‘Distressed,’ — suffering the pangs caused by the loss of wealth or relatives; as also one who apprehends an imminent danger.

‘Drunk’ and the other terms being used in their literal sense, the situation spoken of here is applicable only so long as the men are actually under the influence of ‘drink’ and other conditions.

What is mentioned here is only by way of illustration; and it stands for ‘any man who is not quite in his senses.’ To this end it has been declared — ‘Business should be done with a man when he is in his senses; as when he is not under his senses, he is not master of himself, and this invalidates the transaction.’ A man is said to be ‘not in his senses’ when his mind is perturbed and he is incapable of understanding his business. This has been thus described — ‘men beset with lust and anger, or distraction or dangers and vices, as also those under the influence of love or hatred are said to be ‘not in their senses’ (Nārada, 1.41). In this text, the first line has to be treated as a double compound term ‘kāma’ to ‘vyasana’ for one copulative compound, and this with the participal adjective ‘pīḍita’ forms the Instrumental Determinative Compound, in accordance with Pāṇini, 2.1.32; hence the man excluded is one who is actually suffering from the mentioned distractions. Thus the man who is ‘beset with lust’ is always hankering after the embraces of the woman he loves; — the man who is preoccupied with gambling or other similar things is said to be ‘beset with distractions.’

Such persons as have been enumerated here, — even though they be real owners of the property concerned in the transaction, — are not in a position to grasp the real nature of ‘ownership’ or ‘surety’ or such other details of a transaction; and as such their action cannot he regarded as valid. And the reason for this lies in the fact that having had their minds preoccupied by other things, they cannot clearly grasp what they are saying, when, on being asked by some one, they may say — ‘give this to such and such a man,’ or that ‘I have promised to be surety for such an amount, or for such an object,’ and so forth. In fact they accept anything that the man asks for, being desirous as he is of getting rid of the man whose presence is an obstacle to what may be engaging attention at the time — and they say ‘you go, I shall do all that you say,’ and thus place themselves entirely under the control of another person. This is what is meant by what has been said above regarding the man being ‘not master of himself’; and the meaning is that ‘just as the action of the man who is not master of himself is not valid, so also is the action of one who, though master of himself, is under the influences mentioned’; and just as the man who is not master of himself cannot make use of what is his own, so also the man who is overpowered by lust and other things is unable to understand the details of the transaction and discriminate between its advantages and disadvantages; and in this sense he is ‘not master of himself.’

‘Distressed’ (in Nārada’s text) has been already explained. Though the terms ‘abhiyukta,’ ‘distracted’ and ‘ārta’ (distressed) denote the qualified person, yet in the context in which they occur they have to be taken as standing for the qualities of ‘distraction’ and ‘distress’ (these being construed with ‘pīḍita,’ ‘beset with’ ‘vices’ — arising from lust, anger and other causes, such as hunting and the like.

Any man who is devoting his entire attention to any matter is said to be ‘beset with distraction or vice’; as also is the person who, though not actually engaged in any pet vice, is rapt in expounding its virtues.

Or (with a view to retain the literal meaning of the terms ‘abhiyukta’ and ‘ārta’), the two terms ‘Kama’ (‘lust’) and ‘krodha’ (‘anger’) may be taken as standing for the ‘lustful’ and the ‘angry’; and in this case the participial adjective ‘pīḍita,’ ‘beset with,’ would be compounded with the copulative compound formed of only ‘danger’ and ‘vice’; the other terms of the compound standing by themselves.

‘Those under the influence of’ — i.e., overpowered by — ‘love and hatred’; — ‘Love’ means attachment to a person regarded as his own; when a man regards another as his own, — even though he be not actually related to him, — then, whenever he comes to think of him, or whenever anything good happens to him, he has a feeling of satisfaction; this is what constitutes ‘love.’ The reverse of this is ‘hatred’; when a man is regarded as one’s enemy, there is a feeling of satisfaction when anything wrong happens to him. Such is the nature of ‘love’ and ‘hatred.’

Under everyone of the conditions described, the man’s mind is perturbed, and unable to be fixed, even for a moment, upon the business in hand. People under such conditions say pne thing and do another. It is only when men are in this condition that they are really ‘not in their senses.’ Otherwise (if the words were taken in their literal sense), in as much as all men are (more or less) ‘beset with lust, etc., or ‘distressed’ by old age, or some disease of the eyes or of the head, — all would have to be regarded as ‘not in his senses’; and the ‘wholly dependent’ Born Slave, the son and the disciple and the wife would not be so regarded (even though, as ‘not master of themselves,’ these also have been declared to be persons whose transaction is not valid). Though literally the Born Slave alone is ‘wholly dependent,’ yet since this latter term has been taken to be indicative of ‘those who are not master of themselves,’ the son, the disciple and the wife all become included under this same category.

Anything that these persons do, in the shape of making gifts out of their own property and the like, after having obtained the permission of their master, is quite valid. Says Nārada (1.39.40) — ‘The transaction entered into by a minor, or by one who is not master of himself, is declared to be as good as undone’; and again, — ‘The Disciple is not master of himself, as it is the teacher in whom the character of the master rests; wives and sons and all such dependents as the slave and the like, are also not master of themselves; the master being the householder himself on whom the property has devolved from bis ancestors.’ (Nārada, 1.33.34.)

“What is said regarding wives not being masters of their property and husbands alone being the masters, cannot be right; since property being common to both, how can the husband alone, without the concurrence of his wife, he entitled to enter into such transactions as gifts, sales and the like?”

This has been already explained, by the following text of Nārada (1.26) — ‘All that is done by women is invalid, except in times of distress.’

Further, Nārada (1.42), having mentioned the ‘eldest members of the family,’ goes on to add that ‘it is only when the transaction of selling is entered into by him that it is valid’; and what is said here in regard to ‘selling’ applies to all transactions relating to property in general. So that, just as in the case of the junior male members of the family, so in the case of the female members also, ‘dependence’ means ‘absence of control’; and ‘ownership’ would be incompatible with this ‘dependence’; because ‘dependence’ denotes subjection to the control of others, i.e., acting up to the wishes of other persons. Thus then, if the ‘dependent’ person is incapable of making use of any property except in accordance with the wish of another person, what sort of ‘ownership’ would belong to him or her? It may he argued that ‘ownership’ and ‘dependence’ would be quite compatible, as in the case of the minor, — in the sense that while he is not fit to enter into any such transactions as gift, sale or pledge, yet he is at full liberty to spend the property upon himself; for his own enjoyment he is quite free to make use of it any way he chooses; while to the other transactions he would be entitled only after he has reached majority. But even this could not be possible in the case of women, who are never free from ‘subjection’ or ‘dependence’; as says Manu (5.147). — ‘Be she a minor, or a full-grown woman, or an elderly lady, the woman, by herself, shall not enter into any transaction; such is the settled law.’ It is for this reason that in the case of women, ‘ownership’ and ‘subjection’ have been held to be incompatible.

This ‘subjection’ of women however does not mean that women are not to make use of their property; all that is meant is that they are not to make improper use of it, in the shape of indiscriminate gifts or sale. So that what is meant by saying that ‘women are dependent upon others’ is that by themselves they are incapable of judging what would be beneficial for themselves, or what person deserves a gift of gold or land, or to whom a daughter should be given in marriage; or from whom a certain article should be purchased, or to whom something should be sold and so forth. It is for this reason that at the time that they are executing a bond or some such deed, it is necessary that they should obtain the sanction of their husband or some such relative; because if the business were done by herself alone, it would be open to her to say — ‘I know nothing about this, — I was cheated by you’; if, on the other hand, the sanction of the husband and the relations has been previously obtained, what could she say? It is in view of this that it has been declared — ‘Transactions entered into by women also are valid, if they are sanctioned by the husband, or by the son, in the absence of the husband, or by the king, in the absence of both husband and son.’

Too much of ‘subjection’ also has been qualified — ‘when permitted, she is fully capable of spending and selling.’ But what is meant by this is that, she is to be permitted to spend money for the up-bringing of children and other such matters, but never to alienate the ownership entirely.

Further, the declaration — ‘she shall be confined, or abandoned in presence of the family’ (Manu, 9.83) — also indicates that there is ‘subjection’ only of women, not of men; since even in the case of the outcast, it has been laid down that people should await the completion of the necessary expiatory rites.

It is in accordance with this view that, even in times of direct distress, there is to be no selling of male slaves.

Thus, so far as ‘subjection’ or ‘dependence’ is concerned, its exact nature as pertaining to the wife, the son, the disciple and the slave, is dependent upon the nature of the man’s ownership over each of these. And as the ownership over the family property rests exclusively in the master of the house, the wife has no right to perforin even sacrifices out of that property, except with her husband’s permission.

“We find that there are two declarations — (a) ‘on the death of the husband, the woman continues to live under her sons’; and again (b) ‘so long as his parents are alive, the man shall remain subject to them, even though he may have become old,’ — which latter places the son totally under subjection; so that these two texts are naturally contradictory.”

There is no contradiction: what is said in (b) is that ‘the son shall remain under his mother, during his minority’; and the subjection of the mother to the son [asserted in (a) ] means that he is to guard his mother’s property against dangers from thieves and others. And what is meant by the son’s subjection to his father refers to the state in which the son lives with the father and has not set up a separate household. When he has set up a separate household and acquired his own property, then ‘the son shall be treated as a friend, after the age of sixteen years’; which means that he is entirely master of himself.

The ‘minor’ referred to in the text is one who is below sixteen years of age, and has not entered business.

‘Senile’ — who has lost his memory and liecome incapable of transacting business. Though it is possible for such a man to be in his senses at times, yet his acts cannot be valid, since there can be no certainty regarding the condition of his mind. When however the old man’s wife is carefully looking after his affairs, if a certain act has been done with her sanction, it is to be regarded as valid.

‘Asambaddhakṛtaḥ’ — ‘effected by one who is unauthorised.’ — If a man transacts business on behalf of another person, without being authorised by him, — and he is neither his father nor brother, — it is not open to him to say — ‘this man owes a hundred to Devadatta.’ But when a number of brothers do business in common, and are equally entitled and capable of doing it, — if any one of them sells cattle or other property, or pledges a house or some such property, the transaction is quite valid.

The term ‘vyavahāra’ in the present text stands for all kinds of business, though from the context it would be restricted to debt-transactions only. — (163)

 

Comparative notes by various authors:

Yājñavalkya (2.31, 32). — ‘The King shall set aside transactions effected either forcibly or under pressure; as also those effected by women, or during night, or within the house, or outside the village, or by enemies. A transaction is not valid when effected by one who is mad or drunk or distressed or in trouble, or an infant, or frightened and so forth, — as also what has been brought up by a person not related to either party.’

Nārada (1.26, 29, 31, 39-41). — ‘The sages declare that the transactions of a woman have no validity; specially, gift, hypothecation, sale of a house or a field. The transactions of a slave are declared invalid, unless they have been sanctioned by his master. A youth who, though independent, has not yet arrived at years of discretion, is not capable of contracting valid debts. If a boy, or one who possesses no independence, transacts anything, it is declared an invalid transaction by persons acquainted with the law. That also which an independent person does, who has lost control over his actions, is declared an invalid transaction. Those persons are declared to have lost control over their actions who are actuated by love or anger, or tormented, or oppressed by fear or misfortune, or biassed by friendship or hatred’

Nārada (Aparārka, p. 638). — ‘Any transaction that has been effected by women, or at night, or outside the village, or inside a house, or at night, should have to he ratified again.’

Bṛhaspati (8.22, 23). — ‘A document executed by a mad man, an idiot, an infant, one who has absconded through fear of the King, a bashful person, or one tormented by fear, — is not invalidated (by failure to produce its author). — But as a rule a document executed by a dying person, or enemy, one oppressed with fear, a suffering person, a woman, one intoxicated or distressed by a calamity, or at night, by fraud or by force, — does not hold good.’

 

 

VERSE 8.164

Section XXIX - Contracts, when invalid

 

सत्या न भाषा भवति यद्यपि स्यात् प्रतिष्ठिता ।
बहिश्चेद् भाष्यते धर्मात्नियताद् व्यवहारिकात् ॥१६४॥

satyā na bhāṣā bhavati yadyapi syāt pratiṣṭhitā |
bahiśced bhāṣyate dharmātniyatād vyavahārikāt ||164||

 

No contract, even though substantiated, is valid, if what is contracted for is contrary to law or to established custom. — (161)

 

Medhātithi’s commentary (manubhāṣya):

Words expressive of something to be done is called ‘Bhāṣā,’ ‘contract’ in general; and what is there laid down should be done.

“Is it meant that no contract is valid?”

No; that only which is ‘contrary to law,’ — that is regarded as ‘contrary to law,’ ‘illegal,’ which is opposed to practice sanctioned by the scriptures; e.g., interest more than five per cent., the selling of wives and children, the giving away of one’s entire hereditary property and so forth.

‘Even though fully substantiated,’ — i.e., reduced to writing, or pledged by a surety, and so forth; — it is ‘not valid’

‘Custom’ — practice sanctioned by usage; — ‘established’ — long-standing, not modern.

This verse is supplementary to what has gone in the preceding verse, regarding the invalidity of gifts and other transactions effected by dependent persons and by persons not in their senses and so forth. — (164)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (65b), which adds the following explanation: — An agreement, even though formally put in writing, has no legal force, if it is contrary to the laws and customs prevalent among business-men; and such an agreement cannot be enforced, — such agreement, for instance, as where a man who has children agrees to bequeath all his property to a stranger.

It is quoted also in Vīramitrodaya (Vyavahāra, 21b and 39b), which has the following notes — ‘Pratiṣṭhita’, free from the defect of being impossible and unknown and so forth, — ‘bhāṣā’, proposition, statement, — is not ‘satya,’ accepted by the king or the court, — ‘that statement which is contrary to all rules of business, even though it be established by evidence, oral and documentary, should not be accepted’; e.g., the statement that ‘this man has promised his entire property to me’, — when the man concerned is one who has got sons and oilier successors.

 

Comparative notes by various authors:

Viṣṇu (7.11). — ‘That instrument is termed proof which is not adverse to peculiar local usages, which detines clearly the nature of the pledge given, and is free, from confusion in the arrangement of t he subject-matter and in the succession of the syllables.’

Nārada (1.136). — ‘That, document is said to be valid which is not adverse, to the custom of the country, the contents of which answer to the rules regarding pledges and other kinds of security and which is consistent in import and language.’

 

 

VERSE 8.165

Section XXIX - Contracts, when invalid

 

योगाधमनविक्रीतं योगदानप्रतिग्रहम् ।
यत्र वाऽप्युपधिं पश्येत् तत् सर्वं विनिवर्तयेत् ॥१६५॥

yogādhamanavikrītaṃ yogadānapratigraham |
yatra vā'pyupadhiṃ paśyet tat sarvaṃ vinivartayet ||165||

 

Fraudulent mortgages and sales, fraudelent gifts and acceptances, as also all wherein he detects fraud — he shall nullify. — (165)

 

Medhātithi’s commentary (manubhāṣya):

‘Fraud’ is deceit; when a certain thing has been mortgaged fraudulently, — i.e., when it is found that it has been done in an improper manner, — then the king shall ‘nullify it’. A debtor, on being pressed by the creditor, may say ‘I have nothing’; — on which the latter may say, ‘you have a cultivated field, a barren plot, a house, give me these.’ In view of the possibility of this demand, the debtor mortgages his property beforehand, to a friend or relative, so that when the demand is actually made, he says — ‘all this is already mortgaged.’ In this case, even though the mortgage-bond may be there, it is easily perceived that there is no real mortgagee in the case; for if there were a real mortgagee, how could it he possible for the property to be still enjoyed by the alleged mortgager? In such a case, having found the mortgage to be fraudulent, the king should nullify it and make the debtor surrender to the creditor all his cultivated field and other property.

Similarly in a case whore the man has acquired a property in one form, but transferred it to another in another form, — this also is a ‘fraudulent transaction’; and in this case, when the fraud has been detected, the debtor should be made to execute another transfer-deed in the right form.

So also in the case of sales and other transactions. When a person sells a high-priced article, but does not receive its price from the buyer, but has declared to him ‘I have sold this, it is yours,’ — then after sometime, it is not open to him to say ‘I have not sold it, it is mine.’ In fact any rescission of sale cannot be permitted after the lapse of ten days; nor when the sale has been effected by a trustworthy person. That a certain selling-transaction has been fraudulent is to be ascertained, when it is found that either on account of some defect in the article sold, or some other cause, the article sold does not serve the purposes that it was alleged to be able to servo, or is found incapable of being treasured as a valuable thing (?).

‘Fraudulent gift and acceptance’; — though the act of giving involves that of accepting also, and hence the one would have implied the other, — neither being possible without the other, — yet the text has mentioned both, for the purpose of filling up the metre. Or such mention was necessary, as otherwise, if only one act were mentioned, the resultant penalty would fall upon the doer of that act only, and not on that of the other, on the ground of this latter not having been directly mentioned. Hence, in order to indicate that the penalty should be inflicted upon the giver and the receiver both, both the acts have had to be mentioned.

“In that case, on the same grounds, in the case of the acts of ‘fraudulent mortgage and sale’ also, the other party to the transaction, — the doer of the act of buying for instance — should have been mentioned.”

It is not absolutely necessary to do so; since the requisite information is supplied by other Smṛti-texts; and since all the Smṛti-texts treat of a common subject, they can always be taken as one conglomerate whole.

E.g., when a thing is owned by two persons, if one of them, after having made a compact with the receiver, makes the other partner make the gift to him, — this is a ease of ‘fraudulent gift and acceptance.’ The compound ‘dānapratigraham’ is treated as singular, because ‘dāna’ and ‘pratigraha’ together form a copulative compound.

‘All wherein he detects fraud.’ — ‘Fraud’ means deceit. Even apart from the acts that have been specified, there are various kinds of fraudulent transactions. For instance, on being pressed by his creditor, a debtor approaches a wealthy person with the appeal — ‘until yon agree to stand surety for me, I shall not leave you’; — whereupon the wealthy man makes a secret compact with the creditor — ‘accept mo as the man’s surety, and during all this time I shall go on tormenting him, he has done me much wrong, I am standing surety for him only for the purpose of tormenting him, and I shall not be liable to pay anything on his account’; — thereupon the creditor says openly to the debtor, — ‘If you cannot produce a man who will stand surety for you, nor do you propose to liquidate the debt by manual labour or such other means, then your property must be forfeited’; — being thus pressed he approaches the aforesaid wealthy person, who however says — ‘I have never before had any business-transaction with him’; but he later on says again, ‘all right, I shall be your surety’; and the debtor also, in view of the trouble in store for him, accepts it.

What is said here should be taken as applying to all such transactions as relate to trades and crafts and so forth It is only by way of illustration that the acts of ‘gift, mortgage, and sale’ have been specially mentioned. The meaning thus is that whatever transaction the king finds out to be fraudulent, ‘he shall nullify’; even though it has been effected, he shall declare it to be not-affected, cancelled, shall not regard it as valid, — and he shall also punish both parties to the transaction. — (165)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 162), which explains ‘Yoga’ as ‘obtain another’s property, without any right to it, by means of begging and such other means’, — ‘ādhamana’ as ‘pledge’; — and the compound ‘Yogādhamanam’ as ‘Yoge ādhamanam’, ‘pledging of what does not rightly belong to one.’

It is quoted in Vyavahāramayūkha (p. 90), which explains ‘Yoga’ as ‘fraud’; and adds that the king shall nullify every transaction in connection with which he detects some fraud; — in Kṛtyakalpataru (65b) which explains ‘upadhī’ as fraud, — ‘yogā’ as ‘deceit’; — and in Vīramitrodaya (Vyavahāra, 39b), which has the following notes: — ‘Ādhamana’ is pledge, — ‘yoga’ is deceit, — ‘upādhi’ is fraud; — and adds that all fraudulent transactions are null and void.

 

Comparative notes by various authors:

Viṣṇu (7.7). — ‘A fraudulent document makes no evidence.’

Yājñavalkya (2.89). — ‘A document written in one's own hand, even when not attested by witnesses, is to be accepted as evidence, except when it has been obtained by force or fraud.’

Kātyāyana (Aparārka, p. 686). — ‘A document becomes nullified by the defect of witnesses, or of the scribe, as also by reason of fraud on the part of the creditor.’

Yama (Parāśaramādhava-Vyavahara, p. 162). — ‘What is given under force, or enjoyed forcibly, or made to be written forcibly, — all transcations effected under force, Manu has declared to be fit for being nullified.’

Nārada (1.137). — ‘A document is invalid which has been executed by a person intoxicated, by one charged with a crime, by a woman, or by a child, or that which has been caused to be written by forcible means, by intimidation, or by deception.’

Bṛhaspati (8.21, 23). — ‘Forgery may be found out by internal evidence and legitimate titles...... A document executed by fraud, or by force, does not. hold good.’

 

 

VERSE 8.166

Section XXIX - Contracts, when invalid

 

ग्रहीता यदि नष्टः स्यात् कुटुम्बार्थे कृतो व्ययः ।
दातव्यं बान्धवैस्तत् स्यात् प्रविभक्तैरपि स्वतः ॥१६६॥

grahītā yadi naṣṭaḥ syāt kuṭumbārthe kṛto vyayaḥ |
dātavyaṃ bāndhavaistat syāt pravibhaktairapi svataḥ ||166||

 

When the borrower is lost, and the expenditure was incurred by the family, the debt is to be paid by the relatives out of their own property, even though these may have been separated. — (166)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared that the debt is to be repaid by the man by whom it was contracted, and in his absence by his son or grandson, and in the absence of those hitter, by any one who inherits his property; and from this it would seem that no one else was liable in any circumstances. It is in view of this that the author adds the present verse.

If the man who contracted the debt is ‘lost’ — i.e., dead or gone abroad, ‘and the expenditure was incurred by the family,’ — then that debt ‘is to be paid by bis relatives’; i.e., by his brother or nephew or uncle, etc., — ‘even though these may have been separated’ — i.e., had divided their property; — ‘svataḥ,’ i.e., out of their own property.

The debt that has been contracted by one among several brothers 1ms to be repaid out of the common household, specially if there has been no division among them. To this end we have the declaration -1 The debt that has been contracted by an unseparated uncle or brother, or by the mother, for the sake of the family, all this is to be paid out of the common property, so that from among the undivided members of a family, if any one has contracted a debt for the sake of the family, it should be paid by all other members, — brother, uncle, nephew or cousin; but not so, if the debt contracted was not for the use of the family.’ The term ‘unseparated’ implies that debt for the use of the whole family is generally contracted only by such persons; for people who have become separated are never found to be contracting debts for the maintenance of families other than their own.

‘Even though these may hare been separated’; — the term ‘even’ implies that it has to be paid of course by those who are not separated. If it so happens that from among separated brothers, one goes abroad, without making any provision for his family, and another, being of a magnanimous temperament, takes upon himself the burden of maintaining his family during his absence — then the absentee should, on his return, repay any debts that his separated brother or uncle may have contracted on behalf of his family. — (166)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 53), which adds the term ‘svataḥ’, which means ‘out of their own property’, and implies that in a case where even among divided co-sharers, if one has contracted a debt for the purpose of the maintenance of all co-sharers, and he, for some reason or other, such as death and so forth, is unable to repay it — then the debt should be paid by all the other co-sharers.

It is quoted in Aparārka (p. 647); — in Smṛtitattva (II, p. 178), which explains ‘svātaḥ’ as ‘from his own property;’ — in Kṛtyakalpataru (76a); — and in Vīramitrodaya (Vyavahāra, 110a), which says that the explanation given by the ‘Vṛttikāra’ is that ‘when a man who borrowed the money goes away or dies, and the money was spent by him for his family, then the debt is to be repaid even by such of his collaterals as may have been living separately from him’, — what to say, regarding those who might have been living with him. It demurs to this explanation and quotes the explanation of the ‘Mahābhāṣya’ as that separated collaterals, like the uncle and so forth, should repay the debt out of their own property.

 

Comparative notes by various authors:

(verses 8.166-167)

Yājñavalkya (2.45, 46). — ‘Any debt that may have been contracted for the benefit of the family, on the death or during the absence of the master of the house, by such members as have not become divided, shall be paid by all those who inherit the property. But the woman shall not pay the debt contracted by her husband or son; nor the father, the debt contracted by the son, — except when the debt is one that has been contracted for the benefit of the family.’

Nārada (1, 2, 3, 10-18). — ‘The father being dead, it is incumbent on the sons to pay his debt, each according to his share, if they are divided; if they are not divided, the debt must be discharged by that son who becomes the manager of the family-estate. That debt which has been contracted by an undivided paternal uncle, brother, or mother, for the benefit of the household, must be discharged wholly by the heirs. A father may not pay the debt of his son; but the son must pay the debt contracted by his father; excepting those that may have been contracted from love or anger, or for spirituous liquor, games or bailments. Such debts of a son as have been contracted by him by his father's orders, or for the maintenance of the family, or in a precarious situation, — must be paid by the father. What has been spent for the household by a pupil, apprentice, slave, woman, menial, or agent, must he paid by the head of the household. When the debtor is dead, and the expense has been incurred for the benefit of the family, the debt must he paid by his relations, — even though they he separated from him in interests. The father, uncle, or eldest brother, having gone abroad, the son (or nephew or younger brother) is not bound to pay his debt before the lapse of twenty years. Every single coparcener is liable for debts contracted by another coparcener, if they were contracted while the coparceners wore all alive and undivided. But after their death, the son of one is not hound to pay the debt of another. The wife need not pay the debt contracted by her husband, nor one contracted by her son, except if it had been promised by her, or contracted in common with her husband. A sonless widow, and one enjoined by her dying husband (to pay his debt), must pay it. Or it may be paid by one who inherits the estate — liability for debts going with the right of succession. A debt contracted by the wife shall never hind the husband, unless it had been contracted at a time when the husband was in distress. Household expenses are indispensably necessary.’

Bṛhaspati (11. 49-52). The father’s debt, on being proved, must he paid by the sons as if it were their own; the grand-father’s debts must be paid by his son’s sons, without interest; but the son of the grandson need not pay it. When a debt has been incurred for the benefit of the household, by an uncle, brother, son, wife, slave, pupil or dependant, it must be paid by the head of the family. Sons shall not be made to pay a debt incurred by their father for wine, for losses at play, for idle gifts, for promises made under the influence of love or hate, or for suretyship; nor the balance of a lino or toll. The liability for debts devolves on the successor to the estate, when the son is involved in calamity.’

Viṣṇu (6.27-39). — ‘If he who contracted the debt should die, or become a renunciate, or remain abroad for twenty years, — that debt shall be discharged by his sons or grandsons; — but not by remoter descendants against their will. He who takes the assets of a man, leaving or not leaving male issue, must pay the sum due by him; and so mush he who has the care of the widow left by one who had no assets. A woman shall not be compelled to pay the debt of her husband or son; nor the husband or the son, the debt of his wife or mother; nor the father, that of his son. A debt contracted by parceners shall be paid by any one of them that may be alive; and so shall the debt of the father be paid by any one of the brothers, before partition; but after partition, they shall pay severally, according to their shares of the inheritance. A debt contracted by the wife of a herdsman, wine-distiller, public-dancer, washer or hunter shall be discharged by the husband.... The house-holder must pay that debt which may have been contracted by any person, for the behoof of the family.’

Katyāyana (Vivādaratnakara, pp. 50 and 54). — ‘If the father is an invalid, even though alive, — or if he has been away from the country for twenty years, — the debts contracted by him should be paid by his sons. The debt contracted by the family, either during illness, or during a calamity, or in connection with the daughter’s marriage, or a Śrāddha, should be paid by the head of the family.’

 

 

VERSE 8.167

Section XXIX - Contracts, when invalid

 

कुटुम्बार्थेऽध्यधीनोऽपि व्यवहारं यमाचरेत् ।
स्वदेशे वा विदेशे वा तं ज्यायान्न विचालयेत् ॥१६७॥

kuṭumbārthe'dhyadhīno'pi vyavahāraṃ yamācaret |
svadeśe vā videśe vā taṃ jyāyānna vicālayet ||167||

 

Should even a servant effect a transaction for the sake of the family, — the master, whether in his own country or abroad, should not repudiate it. — (167)

 

Medhātithi’s commentary (manubhāṣya):

To say nothing of the brother and other relatives: ‘for the sake of the family,’ if even a servant should ‘effect a transaction,’ — in the form of selling clothes or such things, of contracting debts and doing other kinds of business relating to the proper looking after and cultivation of fields and barren lands, — the master of the house, whether in his own country or abroad, on coming to know of it, ‘shall not repudiate it’; i.e, without thinking over it, he should approve it as properly done. The pronouns ‘that,’ and ‘what,’ refer to what is done relating to such fields and agricultural business as may he spoilt.

Others have taken this verse as a hortatory supplement to the foregoing verse, and not as an injunction.

But this is not right; as we find no grounds for taking it as a mere hortatory supplement.

It might be argued that what has been said in verse 163, regarding the ‘transaction effected by the drunk, the insane, the servant, etc.,’ as being done by persons not master of themselves, makes it clear that the transaction effected by the servant cannot he valid.

But this must refer to the cases where the master is present on the spot, and not otherwise; as in that case the family would he in the risk of being ruined. Hence during the master’s absence, what is done by the servant by the maintenance of the family must he regarded as valid (167)

 

Explanatory notes by Ganganath Jha:

‘Adhyadhīnaḥ’ — ‘Servant’ (Medhātithi and Nārāyaṇa); — ‘slave’ (Kullūka); — ‘Youngest brother and one in some such position (Rāghavānanda).

This verse is quoted in Smṛtitattva (II, p. 232) as indicating the necessary character of the maintaining of the family; — in Vivādaratnākara (p. 55), which explains ‘Ādhyadhīna’ as ‘servants and others,’ and ‘jyāyān’ as ‘the master’; — in Parāśaramādhava (Vyavahāra, p. 164), to the effect that a debt cannot be repudiated if it has been contracted for the support of the family, even if it may have been contracted by a dependant without the master’s permission; — in Kṛtyakalpataru (76b), which explains ‘adhyadhīnaḥ’ as ‘the slave and the like — and in Vīramitrodaya (Vyavahāra, 40a), which explains ‘adhyadhīnaḥ’ as ‘son, nephew, slaves and so forth.’

 

Comparative notes by various authors:

(verses 8.166-167)

See Comparative notes for Verse 8.166.

 

 

VERSE 8.168

Section XXIX - Contracts, when invalid

 

बलाद् दत्तं बलाद् भुक्तं बलाद् यच्चापि लेखितम् ।
सर्वान् बलकृतानर्थानकृतान् मनुरब्रवीत् ॥१६८॥

balād dattaṃ balād bhuktaṃ balād yaccāpi lekhitam |
sarvān balakṛtānarthānakṛtān manurabravīt ||168||

 

What is given by force, what is ennjoyed by force, what has been caused to be written by force, — all thansactions effected by force Manu has declared to be void. — (168)

 

Medhātithi’s commentary (manubhāṣya):

Just as what is done by minors and by persons who are not their own masters, or who are not in their senses, and what is done fraudulently, is not valid, so also is everything that is done by force. The sense of the present injunction thus is that ‘all transactions effected by force should be rescinded’; and ‘what is given,’ ‘what is enjoyed’ and ‘what is caused to be written’ have been mentioned only as examples.

‘What is given by force,’ — e.g., when useless fields and farms are given for purposes of cultivation: or when money is forcibly advanced on interest.: — all this being forced upon people who are not desirous of being burdened with such sifts, while they are at their own house (and have not gone to seek for them); and it is done on the strength of an ordinary bond (without witness, etc.).

‘All’ — i.e., the transactions similar to those mentioned.

Though this matter has been already dealt with under verse CLXV where all ‘fraudulent sales and mortgages, etc.’

are declared to be invalid, yet the two verses have been added for the purpose of including ‘fraud’ and ‘force’ also among the invalidating causes. Peculiar is the style adopted by Manu. All that is meant is that ‘transactions effected by persons who are drunk or insane or distressed, or minor or senile, and also those done by fraud or force, are not valid; — they are never valid or binding.’ — (168)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 231); — in Kṛtyakalpataru (65b); — and in Vīramitrodaya (Vyavahāra, 39b and 60a).

 

Comparative notes by various authors:

[See the texts under 165.]

Viṣṇu (7.6). — ‘A document, if it has been caused to be written by force, makes no evidence.’

 

 

VERSE 8.169 [The Royal dues and the King’s duty regarding them]

Section XXX - The Royal dues and the King’s duty regarding them

 

त्रयः परार्थे क्लिश्यन्ति साक्षिणः प्रतिभूः कुलम् ।
चत्वारस्तूपचीयन्ते विप्र आढ्यो वणिङ्नृपः ॥१६९॥

trayaḥ parārthe kliśyanti sākṣiṇaḥ pratibhūḥ kulam |
catvārastūpacīyante vipra āḍhyo vaṇiṅnṛpaḥ ||169||

 

Three persons suffer for the sake of others: witnesses, surety and the judge: while four persons prosper: the brāhmaṇa, the affluent, the merchant and the king. — (169)

 

Medhātithi’s commentary (manubhāṣya):

It is only on being requested by another person that the witness, the surety and the Judge should either appear as a witness, stand surety or investigate case’s, — and not forcibly (thrusting themselves); hence if these persons should volunteer to do it, their action has no validity.

Or, the meaning may he that ‘these persons undergo suffering for doing the work of other persons, — and they have not. the slightest selfish motive, — hence they should not ho forced to do the work.’

The Brāhmaṇa and the rest, on the other hand, ‘prosper,’ being approached by others, lienee, the Brāhmaṇa also should not he forced, against his will, to accept a gift.

Or, the meaning may be that — ‘the prosperity of the Brāhmaṇa is for the good of others,’ — his action therefore is always for the sake of others, and not for his own, — hence in his case gifts and acceptances should not he rescinded.’ There is a popular saying to the effect that ‘a gift by force is condemned,’ but this does not mean that one should not make a person make gifts to others; the ‘force’ in this case (which is condemned) is ‘importunate begging.’

Similarly the ‘affluent,’ the rich man who makes a living by money-lending, should not be forced by such expostulations as — ‘why does this man advance money on interest to other persons and not to me?’

Or, the meaning may be that ‘no loan shall he forced upon an unwilling spendthrift; — as it is only when money is lent at the request of the other party that the money-lender prospers, and not when he forces the loan upon him, since such forcing is forbidden by law.’

Similarly, ‘the merchant,’ like the money-lender, carries on his business only with a view to add to his wealth. The ‘merchant’ is one who lives by buying and selling.

‘King’ — prospers only when receiving lines imposed upon persons charged before him, — and not by forcing or encouraging such suits and charges. To this end there is the declaration that ‘the king shall not encourage law-suits.’

The case of the ‘Brāhmaṇa’ and the rest has been cited only for the purpose of illustrating what is enjoined regarding the duty of the king.

Or, the whole of the present verse, as also the next, is meant to be illustrative of the entire section. — (169)

 

Explanatory notes by Ganganath Jha:

‘Kulam’ — ‘Judge’ (Kullūka and Govindarāja) — ‘undivided family’ (Nārāyaṇa and Rāghavānanda); — ‘member of a family’ (Nandana, who is misrepresented by Hopkins, who wrongly translates ‘Kulīnaḥ’ (?) as friend ).

 

 

VERSE 8.170

Section XXX - The Royal dues and the King’s duty regarding them

 

अनादेयं नाददीत परिक्षीणोऽपि पार्थिवः ।
न चादेयं समृद्धोऽपि सूक्ष्ममप्यर्थमुत्सृजेत् ॥१७०॥

anādeyaṃ nādadīta parikṣīṇo'pi pārthivaḥ |
na cādeyaṃ samṛddho'pi sūkṣmamapyarthamutsṛjet ||170||

 

Even though reduced (in circumstances), the King shall not take what ought not to be taken; and even though affluent, he shall not relinquish what ought to be taken, be it ever so small. — (170)

 

Medhātithi’s commentary (manubhāṣya):

Excepting his legal dues, in the shape of taxes, tines and duties, all that belongs to the citizens is ‘what ought not to be taken’ by the king, even though his treasury may have become depleted. But what is legally his due, — by reason of his arranging for the security of their life and property-even a pice of that he shall not relinquish. Since it has been laid down that — ‘the King shall increase his treasury in the manner of the ant-hill.’ — (170)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 275).

 

Comparative notes by various authors:

(verses 8.170-171)

Vaśiṣṭha (19.14-15). — ‘Let the King not take property for his own use from the inhabitants of the realm. Only the measures and price of such property shall he liable to deduction by way of taxation.’

Yājñavalkya (1.338-339). — ‘If the King increases his treasury out of his realm, in an illegal manner, he, very soon, loses his property and becomes ruined, along with his relations. The fire arising out; of the harassment of his people becomes extinguished only after it has consumed the king’s family, prosperity and his very life.’

Kātyāyana (Do.). — ‘If the King realises from his realm, in an unlawful manner, either lines or taxes, or tolls or share of agricultural produce, he incurs sin. The King who rules in the right maimer, without covetousness, obtains sons and his treasury and kingdom prosper.’

Mahāhhārata (Do.). — ‘If the King’s treasure is obtained righteously, he rules the entire earth, even though his strength may not be great.’

 

 

VERSE 8.171

Section XXX - The Royal dues and the King’s duty regarding them

 

अनादेयस्य चादानादादेयस्य च वर्जनात् ।
दौर्बल्यं ख्याप्यते राज्ञः स प्रेत्यैह च नश्यति ॥१७१॥

anādeyasya cādānādādeyasya ca varjanāt |
daurbalyaṃ khyāpyate rājñaḥ sa pretyaiha ca naśyati ||171||

 

By the taking of what he ought not to take and by the relinquishing of what he ought to take the king’s weakness becomes proclaimed, and he becomes ruined here as also after death. — (171)

 

Medhātithi’s commentary (manubhāṣya):

‘What ought not to be taken’ is that which he is not entitled to receive; the verbal affix denoting title.

‘Weakness becomes proclaimed’ — by his subjects, who say — ‘This king punishes us, but he is unable to suppress thieves, robbers and recalcitrant tributary kings’; his enemies also assert their power; and being attacked by these, ho becomes disgusted with life and thus ‘becomes ruined here’ — in this world — and by taking what he ought not to take — i.e., by imposing illegal fines, etc. — he ‘becomes ruined, after death’ also. — (171)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 275).

 

Comparative notes by various authors:

(verses 8.170-171)

See Comparative notes for Verse 8.170.

 

 

VERSE 8.172

Section XXX - The Royal dues and the King’s duty regarding them

 

स्वादानाद् वर्णसंसर्गात् त्वबलानां च रक्षणात् ।
बलं सञ्जायते राज्ञः स प्रेत्यैह च वर्धते ॥१७२॥

svādānād varṇasaṃsargāt tvabalānāṃ ca rakṣaṇāt |
balaṃ sañjāyate rājñaḥ sa pretyaiha ca vardhate ||172||

 

By taking what is his due, by the proper adjustment of castes, and by protecting the weak, the power of the king grows, and he prospers here as also after death. — (172)

 

Medhātithi’s commentary (manubhāṣya):

‘Svādānam’; — the ‘ādā na,’ ‘taking’ of his ‘sva,’ ‘what is his due.’ Or it may be explained as ‘su’ — ‘good’ — ‘ādāna’ — ‘receiving’; ‘good’ here standing for what is proper.

‘Adjustment of castes,’ — i.e., the admixture of the persons of two castes with members of the same caste; we take it as ‘two,’ because an ‘admixture’ presupposes two relatives; and as no other relatives are mentioned we take the ‘adjustment’ or ‘admixture’ as pertaining to castes. The mixture that takes place among the subdivisions of various castes cannot be called an ‘adjustment of the castes.’ because it does not pertain to the ‘castes’ pure and simple.

Ṛju however reads a negative particle here; in which case this would be a reiteration of the prohibition of the ‘crossing’ of castes.

Also on account of ‘protecting the weak’ from the ‘strong,’ when they are suffering at the hands of these latter, — ‘the power of the king grown.’

The sense of all this is that. — ‘The King should investigate the cases properly, and should never inflict illegal penalties’; — and it is as a hortatory supplement to this injunction that we are going to have a number of passages. — (172)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 275), which adds the following notes; — ‘Svādānāt’, ‘by taking what is his own legally, such as taxes and so forth’; — ‘varṇasaṃsargāt’, ‘by marriages and such relationships contracted by the Brāhmaṇa’ and other castes with persons of their own respective castes’; the ‘saṃsarga’ of different castes is not meant, as that would lead to the evil of ‘mixed castes.’

 

Comparative notes by various authors:

Nārada (18.5-7, 33, 43). — ‘The King shall be careful to protect all orders and the constituent elements of the state... Whenever any caste should remain behind others, or exceed its limits, — seeing that it has strayed from its path, — the King shall bring it back to the path of duty. So also when other wicked acts, opposed to the dictates of the sacred law, have been committed, the King after having reflected upon the matter shall inflict punishment on those who deserve it... The King’s duties are the protecting of his subjects, the honouring of the aged and the wise, the trying of law-suits and making each caste abide by its duties...... If a ruler, though severe, is mindful of his duty, correct in his conduct find quick to punish the wicked and to protect the virtuous, — his wealth is declared to he pure.’

Yājñavalkya (1.315). — ‘What he has not obtained, he should seek to obtain lawfully.’

 

 

VERSE 8.173

Section XXX - The Royal dues and the King’s duty regarding them

 

तस्माद् यम इव स्वामी स्वयं हित्वा प्रियाप्रिये ।
वर्तेत याम्यया वृत्त्या जितक्रोधो जितेन्द्रियः ॥१७३॥

tasmād yama iva svāmī svayaṃ hitvā priyāpriye |
varteta yāmyayā vṛttyā jitakrodho jitendriyaḥ ||173||

 

For these reasons, the King shall, like Yama, renounce his likes and dislikes, and behave in the manner of Yama, — his anger suppressed and his senses controlled. — (173)

 

Medhātithi’s commentary (manubhāṣya):

The same idea is further expounded.

‘This servant is my own and hence I like him, — this other is only an inhabitant of my kingdom, and is proceeding against the former, hence I dislike him’; — all such ideas he should renounce.

In the protecting of, and dealings with, his subjects, he shall be entirely impartial, like Yuma; the ‘manner of Yama’ having been found to be strictly impartial. The form ‘yāmyayā’ is explained by the exclusion of the ‘yaṇ’ affix mentioned in Pāṇini 6.4.148 and the addition of the syllable ‘ya’ under one of the additional rules.

“Who is the person who becomes like Yama?”

He who has ‘his anger suppressed and senses controlled’; — i .e., one should renounce all attachment and thus overcome love and hatred. — (173)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nṛsiṃhaprasāda (Vyavahāra, 2b).

 

Comparative notes by various authors:

Nārada (18.30). — ‘When the King, having seated himself full of majesty on the throne of judgment, deals out punishment, equitable towards all creatures, he is called Vaivasvata or Yama.’

 

 

VERSE 8.174

Section XXX - The Royal dues and the King’s duty regarding them

 

यस्त्वधर्मेण कार्याणि मोहात् कुर्यान्नराधिपः ।
अचिरात् तं दुरात्मानं वशे कुर्वन्ति शत्रवः ॥१७४॥

yastvadharmeṇa kāryāṇi mohāt kuryānnarādhipaḥ |
acirāt taṃ durātmānaṃ vaśe kurvanti śatravaḥ ||174||

 

If an evil-minded king, through folly, deal with cases unjustly, — his enemies bring him under their control in no time. — (174)

 

Medhātithi’s commentary (manubhāṣya):

If the king ‘deal with eases unjustly,’ it is only ‘through folly’ that he neglects the Law; and the fruit of this transgression is that his people having become disaffected, ‘his enemies bring him under their control’; — when the people become disaffected, they become a lot of angry, greedy, frightened and ill-treated persons, and are easily won over by his enemies, who, thereupon attack him, capture him, strike at him and take away his kingdom; — this is what is meant by ‘bringing under control.’ — (174)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (6b); — and in Vīramitrodaya (Vyavahāra, 39a).

 

Comparative notes by various authors:

(verses 8.174-175)

Yājñavalkya (1.353-354). — ‘Punishment inflicted lawfully rejoices the worlds; otherwise it makes them discomforted.’

 

 

VERSE 8.175

Section XXX - The Royal dues and the King’s duty regarding them

 

कामक्रोधौ तु संयम्य योऽर्थान् धर्मेण पश्यति ।
प्रजास्तमनुवर्तन्ते समुद्रमिव सिन्धवः ॥१७५॥

kāmakrodhau tu saṃyamya yo'rthān dharmeṇa paśyati |
prajāstamanuvartante samudramiva sindhavaḥ ||175||

 

When however, having subdued love and hatred, he deals with cases justly, his subjects turn towards him, as the rivers towards the ocean, — (175)

 

Medhātithi’s commentary (manubhāṣya):

Just as ‘Rivers’ — streams — take refuge with the ocean and having taken refuge, become attached to it, and continue to remain merged in it, and never turn back, — similarly the subjects turn towards the king, when he subdues love and hatred, and coming to have their interests common with the king, become merged into him. — (175)

 

Explanatory notes by Ganganath Jha:

Hopkins refers to Ṛgveda 1.32.3 for a similar imagery. This verse is quoted in Nṛsiṃhaprasāda (Vyavahāra, 2b); — in Kṛtyakalpataru (4a); — and in Vīramitrodaya (Vyavahāra, 39a).

 

Comparative notes by various authors:

(verses 8.174-175)

See Comparative notes for Verse 8.174.

 

 

VERSE 8.176 [Liquidation of Debts]

Section XXXI - Liquidation of Debts

 

यः साधयन्तं छन्देन वेदयेद् धनिकं नृपे ।
स राज्ञा तत्चतुर्भागं दाप्यस्तस्य च तद् धनम् ॥१७६॥

yaḥ sādhayantaṃ chandena vedayed dhanikaṃ nṛpe |
sa rājñā tatcaturbhāgaṃ dāpyastasya ca tad dhanam ||176||

 

A person who complains to the king against the creditor trying to accomplish his purpose by his own will, — should be made by the king to pay the fourth part, and also the total amount to him — (176)

 

Medhātithi’s commentary (manubhāṣya):

‘Will’ — wish; and ‘by his own will’ means ‘without filing his suit with the king,’ just as he pleases, — not necessarily by the four sanctioned methods of acquiring property; — if he is complained against, and summoned by the king’s officers, — and then if the debtor, on being questioned, should admit the debt, saying ‘I owe him such and such an amount,’ then the latter should he fined a quarter of that debt, and the total amount due he should be made to pay to the creditor ; e.g., if he owes a hundred, he should he fined twenty-five, and should pay to be creditor a hundred. We should not fall into the mistake that a hundred less twenty-five is to be paid to the king and the balance, i.e., twenty-fire to the creditor; as in this case the punishment would fall upon the creditor and not upon the debtor. — (176)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (80b.)

 

Comparative notes by various authors:

Viṣṇu (6.18-19). — ‘A creditor recovering the sum lent by any lawful means shall not he reproved by the Xing. If the debtor, so forced to discharge the debt, complains to the King, he shall be fined in an equal sum.’

Yājñavalkya (2.40). — ‘If the creditor tries to realise the loan that is admitted, he shall not he reproved by the King. If, on being thus pressed to pay, the debtor approaches the King, he should he fined and made to repay the amount due to the creditor.’

Kātyāyana (Aparārka, p. 645). — ‘If the creditor harasses the debtor who is acting lawfully, he shall forfeit the debt, and shall also be fined the same amount.’

Bṛhaspati (11.54). — ‘When a debtor has acknowledged a debt, it may he recovered from him by the expedients of friendly expostulation and the rest, by moral suasion, by artful management, by compulsion and by confinement in the house.’

Nārada (1.122, 123).

[122 is same as Manu 8.49]. —

‘A creditor who tides to recover his loan from the debtor must not he checked by the King, both for secular and religious reasons.’

 

 

VERSE 8.177

Section XXXI - Liquidation of Debts

 

कर्मणाऽपि समं कुर्याद् धनिकायाधमर्णिकः ।
समोऽवकृष्टजातिस्तु दद्यात्श्रेयांस्तु तत्शनैः ॥१७७॥

karmaṇā'pi samaṃ kuryād dhanikāyādhamarṇikaḥ |
samo'vakṛṣṭajātistu dadyātśreyāṃstu tatśanaiḥ ||177||

 

Even by labour shall the debtor make good what is due to the creditor, if he is of the same or of a lower caste; the superior person shall pay it up gradually. — (177)

 

Medhātithi’s commentary (manubhāṣya):

If the debtor has no property, he is not let off simply because he has no property; he should he made to do ‘labour’; i.e., he should become a servant, and the amount of wages that would, be payable to the servant for doing the work that he does shall be credited to his account; and when the total amount thus credited equals the sum of his debt along with the interest, then he should be freed from service.

‘Make good to the creditor’; ‘uttamarṇa’ and ‘udhamarṇa’ are relative terms applied to one or the other party on the basis of their possessions.

The manual labour is made to be done by all who are of the same caste as, or of the lower caste than, the creditor.

‘The superior person’ — i.e., one belonging to a higher caste, or possessed of higher qualifications — ‘shall pay it up gradually’ — i.e., according as he goes on earning. We read in Nārada — ‘If the Brāhmaṇa is poor, he shall pay up gradually according to his circumstances.’ Hence for the liquidation of the creditor’s debts, the Brāhmaṇa shall not he made by the king to suffer any pains; and the interests of the creditor too have to be protected. — (177)

 

Explanatory notes by Ganganath Jha:

Cf. 8.49, and 9.229; also 8.415.

This verse is quoted in Mitākṣarā (2.43), which explains the meaning to be that “the debtor should make himself ‘samam’, equal, to the creditor by putting an end ṭo the relation of creditor and debtor”; — in Aparārka (p. 146), which explains the meaning to be that “even by doing some work for the creditor, the debtor should make himself equal, similar, to the creditor, by becoming free from debt”; — in Vivādaratnākara (p. 70), which adds the following explanation: — The debtor, who is either of the same caste with, or of a lower caste than, the creditor, should, even by means of working, clear off his debt, and thereby render himself equal to the creditor. So long as the debt is not paid off, there is an inequality between them — one being the creditor and the other the debtor; but when by means of work, the debt has been paid off, both of them become ‘equal’. — But if the debtor belongs to a higher caste, he should not be made by the creditor to work for him.

It is quoted also in Vyavahāramayūkha (p. 89); — in Kṛtyakalpataru (79b), which explains ‘samam kuryāt’ as ‘remove his indebtedness, which puts him in a position lower than that of his creditor, by doing such work for the latter as would suffice to liquify the amount of debt’ — ‘śreyān’ is ‘one belonging to a higher caste’ and also ‘one possessed of higher qualifications’; — and in Vīramitrodaya (Vyavahāra, 104b), which also has the same explanation.

 

Comparative notes by various authors:

Bṛhaspati (11.59). — ‘An indigent debtor may be taken by the creditor to his own house and compelled to work there, such as distilling spirits and the like; but a Brāhmaṇa should be made to pay gradually.’

Nārada (1.132). — “If a wealthy debtor, from malice, refuses to pay his debt, the King shall compel him to pay it by forcible means, and shall take five in the hundred for himself.’

Yājñavalkya (2.43) — ‘If the debtor of a lower caste is too indigent to pay, the creditor shall make him do work; but an indigent Brāhmaṇa should he made to pay gradually, as he obtains the means to pay.’

 

 

VERSE 8.178

Section XXXI - Liquidation of Debts

 

अनेन विधिना राजा मिथो विवदतां नृणाम् ।
साक्षिप्रत्ययसिद्धानि कार्याणि समतां नयेत् ॥१७८॥

anena vidhinā rājā mitho vivadatāṃ nṛṇām |
sākṣipratyayasiddhāni kāryāṇi samatāṃ nayet ||178||

 

In this manner shall the king settle the disputes of men quarrelling among themselves, deciding them with the help of witnesses and other evidence. — (178)

 

Medhātithi’s commentary (manubhāṣya):

‘This’ refers to all that has been said above.

‘Manner’ — method.

‘Deciding them with the help of witnesses and other evidence,’ — ‘Deciding’ is to be construed with each of the two names ‘sūkṣi’ (witness) and ‘pratyaya’ (evidence); — ‘evidence’ standing for inferences and ordeals.

‘Disputes’ — Not only the non-payment of debts, but others, also.

‘Settle,’ — i.e., remove the differences of opinion between the plaintiff and the defendant: and restore them to agreement.

The treatment of the ‘non-payment of debts’ has been finished. This also is the end of all suits; victory or defeat in all of them being adjudicated on the same lines. Even in the ‘Heads of Dispute’ that follow there is no other means available for deciding except ‘witnesses And the rest’; the only difference that there is is in regard to the character of the punishment to be inflicted, whose exact nature has got to be prescribed; and it is for this purpose that we have the following sections; and in course of this it shall also be determined what is meant by ‘Selling without Ownership,’ ‘Rescission of Sale’ and so forth. — (178)

 

Explanatory notes by Ganganath Jha:

‘Pratyaya’ — ‘Inference and supernatural proof’ (Medhātithi); — ‘inference, oaths and so forth’ (Govindarāja); — ‘oaths’ (Nārāyaṇa and Nandana).

This verse is quoted in Vivādaratnākara (p. 618).

 

Comparative notes by various authors:

Bṛhaspati (27.25) — ‘Thus let the King every day examine in common with learned Brāhmaṇas, both the suits preferred by litigants and those instituted by the King himself.’

 

 

VERSE 8.179 [Deposits (nikṣepa)]

Section XXXII - Deposits (nikṣepa)

 

कुलजे वृत्तसम्पन्ने धर्मज्ञे सत्यवादिनि ।
महापक्षे धनिन्यार्ये निक्षेपं निक्षिपेद् बुधः ॥१७९॥

kulaje vṛttasampanne dharmajñe satyavādini |
mahāpakṣe dhaninyārye nikṣepaṃ nikṣiped budhaḥ ||179||

 

The wise man shall, entrust a deposit to one who is born of good family, is endowed with character, cognisant of the law, and truthful, has a large following, and is wealthy and honourable — (179)

 

Medhātithi’s commentary (manubhāṣya):

He whose birth and family are well known, — whose forefathers are known to have been learned, righteous and rich, — who never have recourse to improper acts, being mindful of the reputation of their family. In fact such a person is incapable of hearing the slightest blame; and yet it is such people! that are subject to severest criticism at the hands of the people.

‘Vṛtta’ is character, conduct; i.e., being naturally mindful of public opinion.

‘Cognisant of the law’; — who has become acquainted with the true meaning of Smṛtis, Purāṇas and Itihāsas by repeatedly studying them.

‘Truthful’ — who has found, in all business-relations, to speak in strict accordance with real facts.

‘Has a large following,’ — he who is held in high esteem by his friends and relations, as also by the officers of the king, — and is, as such, not amenable to be approached by dishonest state-officials.

The ‘wealthy’ man avoids the misappropriation of other people’s property, with a view to safeguard his own possessions, and also through fear of transcendental results; the idea in his mind being — ‘I have enough wealth of my own, why should I think of the property of others? If I were detected, I would be punished.’

‘Honourable,’ who always acts righteously, or who is of a straightforward nature.

The nominal affix ‘ghañ’ (in the noun ‘nikṣepa,’ ‘deposit’) has the force of the passive, and makes the word stand for the gold and other property that are kept as deposits.

‘Shall entrust’ — Place.

‘The wise man’; — the man who entrusts deposits in the said manner is ‘wise’; otherwise he becomes a fool.

The Author here is ottering an advice in the manner of a friend; and the advice has no spiritual purpose behind it, as there is in the case of such acts as the Aṣṭakā and the like.

When a ‘deposit’ is placed with such a person, it is never lost; nor is there any doubt as to who has placed it and with whom. On the other hand, if a person is a pauper, a notorious cheat or drunkard, — even if he he dragged up, no one would even believe that a deposit had been placed with him; when the man is not possessed of a single farthing, how could it he believed that he would have been entrusted with gold or such large properties? — (179)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (82b), which explains ‘mahāpakṣa’ as one who has a large family; — in Parāśaramādhava (Vyavahāra, p. 204); — and in Vivādaratnākara (p. 85), which explains ‘mahāpakṣa’ as ‘one having a large family’, — and ‘nikṣepam’ as ‘nikṣepyam,’ i.e., the thing deposited; — and in Vivādacintāmaṇi (p. 36), which explains ‘mahāpakṣa’ as ‘one who has a large number of relatives.’

 

Comparative notes by various authors:

Nārada (2.1, 2) — ‘When a man entrusts any property of his own to another, in confidence and without suspicion, it is called by the learned a Deposit. A sensible man should make a deposit with one who belongs to a respectable family and who is virtuous, acquainted with his duties, veracious, influential, wealthy, and honourable.’

Bṛhaspasti (12.2, 4). — ‘When any chattel is deposited in the house of another man, through fear of the King, robbers or other dangers, or for the purpose of deceiving one’s heirs, it is called a Deposit. Let a man make a deposit, after duly considering the place, house, master of the house, the power, means, quality, veracity and kindred of the depositary.’

 

 

VERSE 8.180

Section XXXII - Deposits (nikṣepa)

 

यो यथा निक्षिपेद्द् हस्ते यमर्थं यस्य मानवः ।
स तथैव ग्रहीतव्यो यथा दायस्तथा ग्रहः ॥१८०॥

yo yathā nikṣipedd haste yamarthaṃ yasya mānavaḥ |
sa tathaiva grahītavyo yathā dāyastathā grahaḥ ||180||

 

In the form in which one shall deposit a thing in the hands of another person, in that same form shall that thing be received back; as the delivery so the recovery. — (180)

 

Medhātithi’s commentary (manubhāṣya):

‘Yathā,’ — in the form; i.e., sealed or unsealed, with witnesses or without witnesses and so forth.

‘In that same form’ should the thing be received back; the thing should be recovered in the same form in which it had been delivered.

In a case where it is generally known that the party concerned always keeps deposits properly sealed, — if a dispute arises, and the deposit is found to be unsealed, if the trustee were to say ‘this man never seals his deposits, he forces them upon me and goes off,’ he would be suspected of dishonesty and would lose his case; there being no room for any other evidence so far; — but when, on the seal being found broken, the question arises as to what part of the property has been extracted, the king should call other kinds of evidence; the guilty man however is to be punished in the first place, with the penalty prescribed for dishonest dealing in general; — and secondly, another penalty in connection with the ‘deposit’ has to be imposed after the exact amount extracted has been determined.

“in the case of a dishonest dealing, the man deserves to be mulcted of the entire amount involved.”

True; but this is so only in cases where the entire guilt is clearly indicated by proofs. For instance, a certain village has been robbed, Devadatta is accused of having colluded with other thieves and robbed the village on that day, — thereupon he pleads — ‘on that day I did not go to that village,’ — witnesses declare that he had been seen in the village on that day, but it had not been seen that he had actually committed the robbery, — from this the deduction is that the man having denied the robbery as well as his presence in the village, since his presence had been proved, the denial of the robbery also was not true; so that when there was other evidence clearly proving the man’s presence in the village, it was safe to infer that he had committed the robbery also.

In the present case however, it may he that the seal was broken through carelessness (and not necessarily intentionally), (so that the penalty need not always be severe).

‘As the delivery so the recovery,’ — i.e., what was delivered ‘sealed’ should be received back also ‘sealed.’

Fraudulent denial may be made by a man who might think that there would be no occasion for his being hauled up. The presence of such fraudulent intention may be inferred; but the exact amount involved cannot be determined entirely on the assertion of the depositor, except through other kinds of evidence. So in such cases the right course would be to arrive at a decision with the help of ordeals. And (as for the actual award), it is only where no certainty is possible in regard to the entire claim that a partial decree is awarded. — (180)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 86), which explains ‘dāyaḥ’ as depositing and ‘grahaḥ’ as receiving; — in Parāśaramādhava (Vyavahāra, p. 205), which explains ‘dāyaḥ’ as giving, depositing, — and ‘grahaḥ’ as receiving; — and in Vīramitrodaya (Vyavahāra, 113b).

 

Comparative notes by various authors:

Yājñavalkaya (2.65, 67). — ‘If something contained in a basket is made over in deposit to another person, without the contents being declared, it is called a Scaled Deposit; it shall be restored to the owner in exactly the same form in which it had ben deposited. This same rule applies to ordinary deposits also.’

Nārada (2.3). — ‘In whatever form may a man have delivered any of his effects to another, in the same form shall that article be restored to the owner; as the delivery so the recovery.’

Nārada (2.5). — ‘If one article concealed in another is deposited in another man’s house, without stating what it is, it is then a Sealed Deposit.’

Nārada (2.6). — ‘Deposits must he restored in precisely the same condition.’

Bṛhaspati (12.3). — ‘When a chattel enclosed in a cover and marked with a seal is deposited, without describing its nature and quantity, and without showing it, it is termed a Sealed Deposit.’

Bṛhaspati (12.9). — ‘A deposit must be returned to the very man who hailed it, in the very manner in which it was hailed.’

Kātyāyana (Aparārka, p. 662). — ‘Purchase-money, what is deposited by one going on a long journey, a pledge, something handed over for being delivered to a third party, what is given to another for the making of something else, what is paid in connection with loan-transactions, all this is called Deposit.’

 

 

VERSE 8.181-182

Section XXXII - Deposits (nikṣepa)

 

यो निक्षेपं याच्यमानो निक्षेप्तुर्न प्रयच्छति ।
स याच्यः प्राड्विवाकेन तत्निक्षेप्तुरसंनिधौ ॥१८१॥

साक्ष्यभावे प्रणिधिभिर्वयोरूपसमन्वितैः ।
अपदेशैश्च संन्यस्य हिरण्यं तस्य तत्त्वतः ॥१८२॥

yo nikṣepaṃ yācyamāno nikṣepturna prayacchati |
sa yācyaḥ prāḍvivākena tatnikṣepturasaṃnidhau ||181||

sākṣyabhāve praṇidhibhirvayorūpasamanvitaiḥ |
apadeśaiśca saṃnyasya hiraṇyaṃ tasya tattvataḥ ||182||

 

When requested to restore the deposit, if the trustee do not restore it to the depositor, — then, on the departure of that depositor, in the event of there being no witnesses, the judge shall actually deposit gold (with the trustee) through spies of proper age and appearance, under some pretexts, and then ask him to restore it. — (181-182)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.181-182)

From what has gone before people might be led to think that in a case where there are no witnesses, recourse should at once be had to ordeals; — and it is to guard against this that the author adds these texts.

The meaning is that in the case of non-payment of debt and other disputes, the judge has recourse to ordeals as soon as it is found that no witnesses are available; — but this is not what should be done in the case in question; in such cases the character of the man is tested through spies. If, on being so tested, it is found that the man does not trip in his dealings, then he shall not be disgraced With having to undergo an ordeal. If, on the other hand, he does trip, then it is only right that he should be suspected of having misappropriated the deposit; and in this case he should be made to undergo ordeals; because the mere fact of his having misappropriated one deposit does not necessarily prove that he had misappropriated another deposit also; for it is just possible

that on account of some urgent need he might have been led to commit misappropriation in one case, while in another ease, either by reason of his needs having been supplied or on account of repentance, he might have restored it honestly.

The present verses are to be taken as forbidding the course of hurriedly making the trustee undergo ordeals; and they are meant to point out a new line of evidence. Then again even though in the case of the man misappropriating the judge’s deposit, there is immediate punishment, yet it does not follow that the same punishment shall be inflicted upon him in connection with the alleged, but uncertain, misappropriation of that belonging to the plaintiff. For if such penalty were to be inflicted even in cases of uncertainty, there would be no laws laying down the means of arriving at certain conclusions. Hence it has been considered necessary that decisions should be arrived at by means of reasonings.

For these reasons verse 181 should not be taken in its literal sense (that the man shall be made to pay ‘yācyaḥ’); but it should be interpreted in a different manner, being construed along with verse 182.

The verbal construction of the verse we explain now as follows: — ‘on the departure of that depositor’ — by whom the deposit had been placed, — ‘he shall be asked by the judge to restore it.’

There being no witnesses, — when the depositor asks for the restoration of his deposit and the trustee denies the deposit, saying ‘you never deposited anything with me’ — and being appealed to by the depositor, the king shall not at once put the trustee to the ordeal; — what then shall he do? — The judge shall deposit his own or some one else’s gold or silver with the man, through spies, and then ask for its restoration.

The term ‘judge,’ here stands for any person who has been deputed by the king to investigate the ease.

“Is he to be asked directly by the Judge himself?”

No; it should be done through spies, — those same through whom the deposit has been placed.

‘Of propet age and appearance’; — they should he of ‘proper age,’ so that they may not be minors; for if such minors were to go to transact business, the man would suspect that they had been put up by others to cheat him; whereas if they were full-grown people, no such suspicion would arise.

Similarly they should be of ‘proper appearance’; — in the case of some people their very appearance is indicative of their fickle nature; that appearance is to be regarded as ‘proper’ which indicates freedom from love or hatred.

Thus the meaning comes to be that the spies chosen should be such that the trustee may not suspect that the whole business was a trick to entrap him.

‘Under some pretexts.’ — That is, they may say, for instance, — ‘The man who is depositing this good is leaving the city from fear of harrassment by the king, that is why I am placing this deposit with you.’ This untrue representation is what is called ‘pretext’ here.

All this is to be done, when the original depositor (the original plaintiff) is not present. — (182)

 

Explanatory notes by Ganganath Jha:

(verses 8.181-182)

These verses are quoted in Aparārka (p. 664); — and in Vivādaratnākara (p. 94), which explains them to mean that — ‘If the person who calls himself the Depositor demands the deposit from the person called the Deposit-holder, — and the latter denies it, saying ‘nothing was deposited with me’, — and there are no witnesses to the transaction; — then the king, with a desire to ascertain the facts, should have recourse to the following stratagem: — Through spies of the proper age and appearance, trustworthy in word and appearance, he should by some pretext deposit his own gold with the accusal person; — after some days, he should have that deposit demanded from him.

 

Comparative notes by various authors:

(verses 8.181-184)

Nārada (2.4, 7). — ‘If the depositary fails to restore the deposit to the depositor as he ought, he shall be compelled by forcible means, to restore it, after his guilt has been proved by ordeals or other modes of proof. The wicked man who does not restore a deposit, on being asked to do so by the depositor, shall be punished by the King. If the deposit has been lost, he shall make good its value.’

Bṛhaspati (12.13). — ‘He who, after receiving a deposit, denies the fact, and is convicted by the evidence of witnesses or ordeal, shall be compelled to give up the deposit and to pay a fine equal in amount to the same.’

Yājñavalkya (2.66). — ‘If on the depositor demanding it, the deposit be not restored, on account of its having been lost, the depositary should be made to pay to the depositor the value of the deposit, and also a fine of the same amount.’

Kātyāyana (Aparārka, p. 664). — ‘If after having received a deposit, one fails to restore it on being asked to do so, he should he punished and compelled to restore it.’

Matsyapurāṇa (Aparārka, p. 664). — ‘If after having received a deposit, the depositor refuses to restore it and dishonestly denies the deposit, he should be arrested and compelled to restore the deposit and also pay a fine.’

 

 

VERSE 8.183

Section XXXII - Deposits (nikṣepa)

 

स यदि प्रतिपद्येत यथान्यस्तं यथाकृतम् ।
न तत्र विद्यते किं चिद् यत् परैरभियुज्यते ॥१८३॥

sa yadi pratipadyeta yathānyastaṃ yathākṛtam |
na tatra vidyate kiṃ cid yat parairabhiyujyate ||183||

 

If he admits the deposit exactly in the form and shape in which it was entrusted, — then there is nothing in the charge brought against him by others. — (183)

 

Medhātithi’s commentary (manubhāṣya):

The man having been charged with the words — ‘This man is refusing to restore my deposit, because there are no witnesses to it,’ — if he admits it ‘in the form and shape,’ etc. — The distinction between ‘form and shape’ is based upon the deposit hearing or not bearing a secret seal; — or it may he based upon the action of the Receiver and the Depositor.

The deposit should be restored as unhesitatingly and quickly as it had been received; — that is, there should be no delay in the restoration. — (183)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 664); — and in Vivādaratnākara (p. 94), which continues the explanation (see last note) — ‘If the man admit the deposit and surrender it exactly in the condition in which it had been deposited — neither more nor less, — then the king should conclude that the former deposit, the subject-matter of the dispute, had not been made over to him, and he should be acquitted of the charge brought against him by the other party’.

 

Comparative notes by various authors:

(verses 8.181-184)

See Comparative notes for Verse 8.181-182.

 

 

VERSE 8.184

Section XXXII - Deposits (nikṣepa)

 

तेषां न दद्याद् यदि तु तद् हिरण्यं यथाविधि ।
उभौ निगृह्य दाप्यः स्यादिति धर्मस्य धारणा ॥१८४॥

teṣāṃ na dadyād yadi tu tad hiraṇyaṃ yathāvidhi |
ubhau nigṛhya dāpyaḥ syāditi dharmasya dhāraṇā ||184||

 

If, however, he should not restore that gold to them in the proper manner, he should be forced to restore both; such is the decree of the law. — (184)

 

Medhātithi’s commentary (manubhāṣya):

‘To them’ — i.e., to the depositors employed by the Judge; — if he should not restore ‘that gold’ — which was placed in deposit; — ‘in the proper manner,’ — this is exactly what has been spoken of in the preceding verse by the phrase ‘in the form in which it was entrusted’; — then ‘he’ — the Receiver — ‘shall be forced’ — by the officers of the King — ‘to restore both’ — the deposit of the plaintiff, as also that of the King.

‘Such is the decree’ — declaration — ‘of the law.’

What this means has already been explained. — (184)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 664), which explains the meaning to be that the man should be punished by being made to surrender the two deposits as also their values.

It is quoted in Vivādaratnākara (p. 94) which explains the meaning to be as follows — “If, however, the man does not surrender the gold deposited by the king’s spies, then the king should regard the charge as proved against him and should make him surrender also the former deposit, the subject-matter of the former charge.”

It is quoted also in Parāśaramādhava (Vyavahāra, p. 209), to the effect that if, relying on his power, the depository does not surrender the deposit, he should be punished by the king and forced to deliver it.

 

Comparative notes by various authors:

(verses 8.181-184)

See Comparative notes for Verse 8.181-182.

 

 

VERSE 8.185

Section XXXII - Deposits (nikṣepa)

 

निक्षेपोपनिधी नित्यं न देयौ प्रत्यनन्तरे ।
नश्यतो विनिपाते तावनिपाते त्वनाशिनौ ॥१८५॥

nikṣepopanidhī nityaṃ na deyau pratyanantare |
naśyato vinipāte tāvanipāte tvanāśinau ||185||

 

Deposits, open and sealed, should never be handed over to the next-of-kin; in the event of a mishap occurring, they become lost; though they do not become lost, if no mishap occurs. — (185)

 

Medhātithi’s commentary (manubhāṣya):

‘Next-of-kin,’ — of the depositor; i.e., his son, or brother, or wife. If the depositor has the right of ownership, so has his wife also; the son also has a right over the property of his grandfather; and the brother also, who is still united in property, has a right over it. Hence, if the depositor happens to be sent, any one of these relatives may tell the depository — ‘give the deposit to me, it belongs to me’; — on this the depository may hand it over to him thinking — ‘this is their joint property, one has deposited it and another is taking it away, what harm is there in this?’ — and it is with a view to guard against this that the text says — ‘Deposits, open or sealed, shall not be handed over to the next-of-kin.’

A hortatory argument is added — ‘In the event of a mishap occurring, they become los t,’ — ‘mishap’ in the form of the kinsman going out of the country and so forth, — if any such happens ‘they become lost.’ If the kinsman, having received the deposit, did not make it over to the person who had deposited it, then, on being charged by the latter, what answer could the depositary give? It would be no answer to say — ‘it was taken away by your brother, who was the joint owner of it’; because it has been declared — ‘as the delivery so the recovery’ (180); so that the deposit should be restored to the person who actually deposited it, be he the rightful owner or not. This is the simple fact that is set forth in this detail.

If however nothing happens to the ‘next-of-kin’ then there would be no harm in restoring the deposit to him; this is what is meant by the assertion. — ‘They do not become lost, if no mishap occurs.’ Because in this case the answer of the depositary would be — ‘I restored it to him as otherwise it might become lost with me.’

What the text means is that — ‘if the deposit has been taken away by the depositor’s kinsman, then, on being asked by the depositor to restore it, the depositary shall make it good out of his own property.’ — (185)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 87), which adds the following explanation: — If the depositor is living, deposits, sealed or open, should never be given by the depository to any such near relative of the depositor as may have a share in the property, — during the absence of the depositor himself; for if the said relative happen to die, the deposits become lost, i.e., they do not reach the depositor himself; though if the relative does not die, they may perhaps reach him. So that in the event of the relative’s death, it would be open to the original depositor to demand from the depository the value of the deposits; and in order to guard against this, the depository should always return the deposits to the depositor himself, while he lives.

It is quoted in Kṛtyakalpataru (83a).

 

Comparative notes by various authors:

Bṛhaspati (12.9). — ‘A deposit must he restored to the very man who kept it, in the very manner in which it was delivered; it must not be restored to the next of kin (of the depositor).’

 

 

VERSE 8.186

Section XXXII - Deposits (nikṣepa)

 

स्वयमेव तु यौ दद्यान् मृतस्य प्रत्यनन्तरे ।
न स राज्ञाऽभियोक्तव्यो न निक्षेप्तुश्च बन्धुभिः ॥१८६॥

svayameva tu yau dadyān mṛtasya pratyanantare |
na sa rājñā'bhiyoktavyo na nikṣeptuśca bandhubhiḥ ||186||

 

If the man restores it himself to the next-of-kin of the deceased depositor, — he should not be harassed by the king, or by the depositor’s relatives. — (186)

 

Medhātithi’s commentary (manubhāṣya):

It has been just declared that while the depositor is still alive, the deposit shall not be handed over to his ‘next-of-kin.’ But when he is dead, if the depositary should himself restore the property to his heir, who does not know that it belongs to him, then he shall not be made to undergo the trouble of a law-suit and all that follows in its wake.

If there be a suspicion that there may he something more with the man, — on the ground that the deceased was a wealthy man and he did not keep his property with any other person, — then other kinds of evidence shall be considered, but the man shall not be harassed with oaths or ordeals with poison, etc.; though there would he nothing wrong in the employment of such test as the ‘ghaṭakośa,’ the ‘satyataṇḍula’ and so forth (which are not so humiliating).

The condition of ‘the absence of witnesses’ (mentioned in 182-183) should be taken as applicable here also. — (186)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 87), whieh adds the following explanation: — On the death of the depositor, if the depository deliver the deposit to the depositor’s heir, he should not be blamed either by the king or by the dead man’s relatives. The term ‘svayameva’ implies that during the depositor’s life-time, he should not deliver it to the heir, even though asked to do so by the latter; — and that on his death he should give it to the heir even without being asked to do so; — and in Vivādacintāmaṇi (p. 37).

 

Comparative notes by various authors:

Nārada (11.10). — ‘The depositor being dead, if the depositary restores the deposit to his next of kin of his own accord, he must not be harassed, either by the King or by the relations of the depositor.’

 

 

VERSE 8.187

Section XXXII - Deposits (nikṣepa)

 

अच्छलेनैव चान्विच्छेत् तमर्थं प्रीतिपूर्वकम् ।
विचार्य तस्य वा वृत्तं साम्नैव परिसाधयेत् ॥१८७॥

acchalenaiva cānvicchet tamarthaṃ prītipūrvakam |
vicārya tasya vā vṛttaṃ sāmnaiva parisādhayet ||187||

 

In doubtful cases he should try to obtain it without artifice and in a friendly manner; or having ascertained his character, he should settle the matter by gentle means. — (187)

 

Medhātithi’s commentary (manubhāṣya):

(This verse, as also the Bhāṣya on it is wanting in Mandalik, S, N and I. O.)

 

Explanatory notes by Ganganath Jha:

“According to Nārāyaṇa, the verse refers to cases where one believes a deposit to be with another but has not made it over himself; according to Govindarāja and Kullūka, to cases where there may be error. Govindarāja and Kullūka think that the person who should act in the manner described is the king, and they explain ‘anvicchet by ‘he should decide.’ Nārāyaṇa and Rāghavānanda, on the other hand, think that the depositor should act thus.” — Buhler.

This verse has been omitted entirely by Medhātithi; neither the verse nor its commentary is found in the Mss.

This verse is quoted in Vivādaratnākara (p. 94), according to which the verse refers to what the depositors should do; it means that ‘the depository should keep the deposit honestly and lovingly; all the more so if the depositor is found to be a man of thoroughly good character.’

It is also quoted in Parāśaramādhava (Vyavahāra, p. 209), which says that this lays down what should be done by the successor of the depositor, if the depository does not of his own accord, surrender the deposit, after the depositor’s death.

 

Comparative notes by various authors:

Bṛhaspati (12.14). — ‘When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case.’

Nārada (2.11). — ‘The rightful owner shall try to recover the deposit amicably, without resorting to stratagems. Or, he shall explore the depositary’s mode of living and cause him to restore it by friendly expostulations.’

 

 

VERSE 8.188

Section XXXII - Deposits (nikṣepa)

 

निक्षेपेष्वेषु सर्वेषु विधिः स्यात् परिसाधने ।
समुद्रे नाप्नुयात् किं चिद् यदि तस्मान्न संहरेत् ॥१८८॥

nikṣepeṣveṣu sarveṣu vidhiḥ syāt parisādhane |
samudre nāpnuyāt kiṃ cid yadi tasmānna saṃharet ||188||

 

In the case of all deposits, such should be the method of restoration; but in the case of a sealed deposit, he should incur nothing, if he does not extract anything from it. — (188)

 

Medhātithi’s commentary (manubhāṣya):

In the case of open deposits ‘the method of restoration’ shall be as just described in verses 182 et seq.

The depositary shall not incur the censure of the debtor, as regards the deposit to be restored.

This same rule should be applicable to the case where the article deposited has been destroyed by rats, etc. For instance, the article deposited having been wrapped up in a piece of cloth and placed in a wooden vessel, if rats, with their sharp teeth, should cut through the wood and devour the article, — it is no fault of the depositary’s. Then again, if the article is deposited in the form of a bundle sealed in a basket, — on account of its being such as cannot be contained in a wooden box, — then also if it is eaten by rats, it is no fault of the depositary’s. This is specially so, if it is known to the depositor, who has been informed by the depositary that he possesses no wooden box (where the article would be safe from rats, etc.), — or if the depositor knows the man’s character and is close by (and hence is in a position to know that the article has been really damaged by rats). — (188).

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Vivādaratnākara (p. 86), which adds the explanation that if the deposit has been handed over to the depository sealed, — then, unless the latter extracts anything from it, he shall incur no blame; but if he does extract anything, then he certainly becomes open to censure. In the case of an unsealed deposition the other hand, even though he may have extracted something, if he delivers it before the depositor, he does not incur blame.

 

Comparative notes by various authors:

Nārada (2.14, 15). — ‘The same law applies in the case of Yācita, Anvāhita, and other forms of deposits, also in those of articles made over to artisans, as also Nyāsa and Pratinyāsa deposits; if a man takes charge of a wealthy boy, the law applicable in this case also is the same.’

Bṛhaspati (12.15). — ‘The same set of rules applies in the case of a bailment for delivery to a third party, a loan for use, an article made over to an artisan, a pledge and a person offering himself for protection.’

Yājñavalkya (2.67). — ‘The same law applies to the other forms of deposit- the Yācita, the Anvāhita, the Nyāsa and the Nikṣepa.’

 

 

VERSE 8.189

Section XXXII - Deposits (nikṣepa)

 

चौरैर्हृतं जलेनोढमग्निना दग्धमेव वा ।
न दद्याद् यदि तस्मात् स न संहरति किं चन ॥१८९॥

caurairhṛtaṃ jalenoḍhamagninā dagdhameva vā |
na dadyād yadi tasmāt sa na saṃharati kiṃ cana ||189||

 

The depositary shall not hake good what has been stolen by thieves, or carried away by water, or burnt, — if he does not extract anything from it. — (189)

 

Medhātithi’s commentary (manubhāṣya):

If thieves, known or unknown, should bore a hole through the wall and take away the artiole, — in spite of the depositary having taken all due care for its protection, — then the loss falls upon the owner (depositor).

‘Carried away by water’ — i.e., moved away from its place of keeping, to some other place. — (189)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 663), which adds that if out of the property, the man extracts not even a small part (then he shall not have to make it good); — in Vivādaratnākara (p. 88), which also adds — ‘if out of the deposited property, the depository does not extract, take out, anything;’ — in Parāśaramādhava (Vyavahāra, p. 206), which adds — ‘if he extract even the smallest part of the deposit, then he shall have to make it good;’ — and in Vivādacintāmaṇi (p. 37), which says that in a case where the deposit-holder takes for himself a portion of the deposit and keeps the remainder secretly in some other place with a view to evade the return of the trust, — then he is to be made to refund the entire deposit.

It is quoted in Kṛtyakalpataru (p. 83 a), which explains ‘tasmāt na saṃharati’ as ‘does not take for himself any part of the deposit.’

 

Comparative notes by various authors:

Yājñavalkya (2.66). — ‘The depositary should not be made to pay anything, if the deposit has been taken away by the King, or by accidents or by thieves. When the depositor asks for it, if it is not restored, and is found to be lost, the depositary shall be made to pay its value and also a fine equal to it.’

Kātyāyana (Aparārka, p. 663). — ‘Where a deposit has been destroyed by anarchy or by accidents, it is held to have been lost to the depositor.’

Nārada (2.12). — ‘If the deposit has been stolen by thieves, carried away by water, or burnt by fire, it need not he restored, unless the depositary should have appropriated some portion of it.’

Nārada (2.9). — ‘If a deposit is lost, together with the property of the depositary, the loss shall he the depositor’s. The same rule shall obtain if the loss has been caused by accidents or by the King; unless the depositary shall have acted fraudulently.’

Do. (2.8). — ‘If the depositary derives profit from a deposit, by using it without the consent of the depositor, he shall be fined, and shall restore the profit with interest, to the depositor.’

Bṛhaspati (12.10-12). — ‘When a deposit is destroyed, together with the goods of the depositary, by the act of God or of the King, the depositary is not to blame. If the depositary should suffer the deposit to be destroyed by his want of care or indifference, or should refuse to restore it on being asked for it, he shall he made to pay the value of it with interest. Should the depositary secure any advantage for himself through the article deposited with him, he shall be fined by the King and compelled to pay its value with the interest.’

Kātyāyana (Aparārka, p. 663). — ‘If the deposit has been destroyed by the fault of some one, that person should be made to pay the value of the deposit along with interest.’

 

 

VERSE 8.190

Section XXXII - Deposits (nikṣepa)

 

निक्षेपस्यापहर्तारमनिक्षेप्तारमेव च ।
सर्वैरुपायैरन्विच्छेत्शपथैश्चैव वैदिकैः ॥१९०॥

nikṣepasyāpahartāramanikṣeptārameva ca |
sarvairupāyairanvicchetśapathaiścaiva vaidikaiḥ ||190||

 

The appropriator of a deposit, as also one who has not deposited anything (and yet asks for it), — the king shall test by all methods, as also by means of oaths and ordeals prescribed in the scriptures. — (190)

 

Medhātithi’s commentary (manubhāṣya):

He who appropriates the deposit placed with him, in the absence of witnesses, and he who, having received it back, asks for it again, — both these the king shall ‘test’; — ‘testing’ stands for trying to find out the truth, — by employing ‘all methods’; — ‘methods’ stands for proofs. So that if the man is found to have fallen from the path of rectitude and denies the deposit, — then recourse may he had to heating and imprisonment also; specially when the property involved is a large one, the same methods have to be employed as in the case of thieves. But no punishment shall lte inflicted if there is uncertainty in the matter.

The epithet ‘prescribed in the scriptures’ has been added only by way of praise of the means to be employed. — (190)

 

Explanatory notes by Ganganath Jha:

‘Sārvaiḥ upāyaiḥ’ — ‘All kinds of evidence, the four expedients of kindness and the rest, and also in the case of wicked people, beating and imprisoning’ (Medhātithi, who is not rightly represented by Buhler); — ‘the four expedients of kindness and so forth’ (Govindarāja, Kullūka and Rāghavānanda); — ‘spies and the like’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 208), as laying down punishment for the depositor and depository if proved to be dishonest; — in Kṛtyakalpataru, (84a); — and in Vīramitrodaya (Vyavahāra, 113a).

 

Comparative notes by various authors:

(verses 8.190-192)

Yājñavalkya (2.66). — (See under 189.)

Do. (2.67). — ‘If the depositary derives, by his own will, an advantage from the deposit, he shall he made to pay to the depositor what he may have gained, along with interest, and should also he lined.’

Nārada (2.7). — ‘The wicked man who does not restore a deposit, on being asked by the depositor to do so, shall be punished by the King. If the deposit has been lost or destroyed, he shall make good its value.’

Do. (2.13). — ‘He who fails to restore a deposit, and he who demands what he never deposited, shall both be punished like thieves, and shall be made to pay a sum equal in amount to the value of the deposit in question.’

Bṛhaspati (12.11). — (See under 189.)

Do. (12.13). — ‘He who, after receiving the deposit, denies the fact and is convicted by the evidence of witnesses or ordeal, shall be compelled to give up the deposit and to pay an equal amount as fine.’

Arthaśāstra (p. 73). — ‘He who enjoys a sealed deposit should pay for such use, in accordance with place and time; also a line of 12 Paṇas. If the deposit becomes lost or damaged by such use, he shall bear the cost of the article deposited, and also pay a fine of 21 Paṇas'

 

 

VERSE 8.191

Section XXXII - Deposits (nikṣepa)

 

यो निक्षेपं नार्पयति यश्चानिक्षिप्य याचते ।
तावुभौ चौरवत्शास्यौ दाप्यौ वा तत्समं दमम् ॥१९१॥

yo nikṣepaṃ nārpayati yaścānikṣipya yācate |
tāvubhau cauravatśāsyau dāpyau vā tatsamaṃ damam ||191||

 

He who does not restore a deposit, and he who, without having made any deposit, asks for it, — both of these should be punished like thieves, or be made to pay a fine equal in value. — (191)

 

Medhātithi’s commentary (manubhāṣya):

This verse prescribes the punishment for one who denies what has been deposited with him, and also for him who demands what was never deposited. The man is to be fined that amount which would be the value of the article in regard to which the fraud is committed. — (191)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 663); — and in Vivādaratnākara (p. 91), which adds the following explanation: — The depository, who, even when asked to do so, does not surrender the deposit, — or the other party who demands the deposit, without having delivered it, — both of these should be punished like a thief, if the property involved is a large one; but if it is a small one, then they have to be fined the value of the deposit in question, and the depository is to be forced to surrender the deposit also.

It is quoted in Vyavahāramayūkha, (p. 84); — in Parāśaramādhava (Vyavahāra, p. 208); — in Vivādacintāmaṇi (p. 89), which notes that in the same text the Matsyapurāṇa reads ‘dviguṇam damam’; it says that Manu’s rule is meant for cases where the persons concerned are poor and well-behaved; — in Kṛtyakalpataru (83b); — and in Vīramitrodaya (Vyavahāra, 113a), whieh explains ‘śāsyau’ as ‘should be punished and fined.’

 

Comparative notes by various authors:

(verses 8.190-192)

See Comparative notes for Verse 8.190.

 

 

VERSE 8.192

Section XXXII - Deposits (nikṣepa)

 

निक्षेपस्यापहर्तारं तत्समं दापयेद् दमम् ।
तथोपनिधिहर्तारमविशेषेण पार्थिवः ॥१९२॥

nikṣepasyāpahartāraṃ tatsamaṃ dāpayed damam |
tathopanidhihartāramaviśeṣeṇa pārthivaḥ ||192||

 

In all cases the king shall make the appropriator of a deposit pay a fine equal in value to it; also the appropriator of a friendly loan. — (192)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has laid down the punishment to be like that of the thief; under that rule there are two alternatives — corporeal punishment and fine equal in value to the property involved — to he determined according to the caste of the accused. So that in the case of castes other than the Brāhmaṇa, it would, under the said rule, he open to the king to inflict either of the two forms of punishment. And it is this possibility that is precluded by the present verse, which restricts the punishment to fine only; so that from among the penalties inflicted on thieves, what may be added to the fine is only admonition or reprimand, and not mutilation and other corporeal punishments.

It will not be right to take the present verse as precluding corporeal punishment from the case of Brāhmaṇas, who also would be subject to both kinds of alternative punishments sanctioned by the preceding verse. Because corporeal punishment has been already generally prohibited in the case of Brāhmaṇas; — in such texts as ‘one shall not strike a Brāhmaṇa’ (8.380).

‘Upanidhi’ here stands for what is used through friendship.

‘In all cases,’ — i.e., irrespectively of the nature of the property or the caste of the person involved.

Others have given a technical meaning to the term ‘upanidhi’; but that meaning is applicable elsewhere, not here. Because, in the absence of any convention, fixing the technical sense of a term, the right course is to take it in its ordinary sense. This same ‘upanidhi’ is going to be mentioned again as ‘friendly loan’ (under 196). — (192)

 

Explanatory notes by Ganganath Jha:

This verse appears to be a mere repetition of 191. According to Medhātithi, 191 lays down two alternative punishments — corporal punishment (thief’s penalty) and fine; and 192 excludes the ‘thief’s punishment’ by specifying the fine only. He repudiates the explanation that has been attributed to him by Hopkins — viz., 192 is for the sake of freeing the Brāhmaṇa from the corporal punishment prescribed in 191. Nor is there anything in Medhātithi to show that he takes 192 as referring to fresh offences, — a view that has been attributed to him by Buhler. — Both these views are found in Kullūka.

‘Upanidhi’ — ‘Sealed deposit’ (Kullūka); — ‘something lent in a friendly spirit’ (Medhātithi, who repudiates, in the present context, the technical meaning of ‘sealed deposit.’)

‘Aviśeṣeṇa’ — ‘Irrespective of the character of the property or the caste of the person’ (Medhātithi); — ‘irrespective of caste’ (Nārāyaṇa and Nandana).

This verse is quoted in Vivādaratnākara (p. 92), which adds the following explanation: — The reiteration of ‘fine equal in value to the deposit’ here — to the exclusion of the ‘thiefs penalty,’ with which it has been coupled in the preceding verse, — should be understood as meant for the case where the misappropriator of the deposit is a Brāhmaṇa. The terms ‘tathā’ and ‘aviśeṣeṇa’ mean that all that has been said in regard to the misappropration of the deposit, should he understood to be applicable to that of the Upanidhi also, — the misappropriation of both standing on the same footing.

It is quoted also in Vyavahāramayūkha (p. 85); — in Kṛtyakalpataru (83b); — and in Vīramitrodaya (Vyavahāra, 113a).

 

Comparative notes by various authors:

(verses 8.190-192)

See Comparative notes for Verse 8.190.

 

 

VERSE 8.193

Section XXXII - Deposits (nikṣepa)

 

उपधाभिश्च यः कश्चित् परद्रव्यं हरेन्नरः ।
ससहायः स हन्तव्यः प्रकाशं विविधैर्वधैः ॥१९३॥

upadhābhiśca yaḥ kaścit paradravyaṃ harennaraḥ |
sasahāyaḥ sa hantavyaḥ prakāśaṃ vividhairvadhaiḥ ||193||

 

The man who may appropriate, by fraudulent means, the property of another person, should be punished publicly, along with his accomplices, with various modes of death. — (193)

 

Medhātithi’s commentary (manubhāṣya):

‘Fraudulent means,’ ‘deceit,’ and ‘pretence’ are synonymous terms: and this ‘fraud’ is of several forms: — (1) ‘altering the thing’: having shown saffron, the man substitutes the kusumbha flower for it, — (2) ‘using short weights and measures,’ and so forth. The rule regarding these forms of ‘fraud’ is going to be laid down later on, under 203 et seq. The forms of ‘fraudulent moans’ meant here are — (a) ‘threatening,’ (b) promising rewards from the king, (e) promising to secure the love of a maiden, and so forth.

The man makes such false assertions to the other person as — (a) ‘robbers shall rob you, if I do not protect you,’ or (b) ‘the king was very angry with you, and I have tried much to appease him,’ or (c) ‘I shall obtain for you from the king the post of the city-officer,’ or (d) ‘I shall secure for you some other great benefit,’ or (e) ‘my daughter is very much in love with you and has sent you this present’; — under these pretexts he brings to the man some presents and takes away from him much more valuable things in return; — and in the presence of this other party he whispers something to the king, or to some other high official, and says to the man — ‘I have been talking regarding your business.’

The man who, by such fraudulent means, enjoys the property of others, for him the punishment is that he shall be punished ‘publicly’ — on the public road — with such ‘modes of death,’ as ‘decapitation with the axe,’ ‘impalement,’ ‘tramling (trambling?) by elephants’ and so forth.

Others have held, on the strength of the ‘context,’ that what is said here pertains to the case of ‘Deposits’; in this sense the ‘fraudulent means’ would consist in putting off the restoration by such pretexts as — ‘I do not remember where I kept the thing,’ ‘the article was kept by another person, who is not here now, he shall come to-morow’ and so forth; and the man who thus puts it off is said to ‘appropriate’ it. — (193)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 92), which adds the following notes: — ‘Upadhābhiḥ,’ by fraud; — ‘sahāya’ is one who helps in the misappropriation of other’s property by fraud; — ‘prakāśam’, in the public square and such places; — it is quoted again at p. 316; — in Vivādacintāmaṇi (p. 39), which explains ‘upadhā’ as ‘fraud’ — ‘sahāya’ as ‘abettor in the fraudulent appropriation,’ — and ‘vadha’ as ‘beating, imprisonment and so forth’; — and in Kṛtyakalpataru (84a).

 

Comparative notes by various authors:

(verses 8.193-194)

[See the texts under 190-192.]

Nārada (2.3). — ‘In whatever manner a man may have delivered any of his effects to another, in that same manner shall the article be restored to him. Delivery and receipt should be equal.’

Bṛhaspati (12.9). — ‘A deposit must be returned to the very man who bailed it, in the very manner in which it was bailed.’

 

 

VERSE 8.194

Section XXXII - Deposits (nikṣepa)

 

निक्षेपो यः कृतो येन यावांश्च कुलसंनिधौ ।
तावानेव स विज्ञेयो विब्रुवन् दण्डमर्हति ॥१९४॥

nikṣepo yaḥ kṛto yena yāvāṃśca kulasaṃnidhau |
tāvāneva sa vijñeyo vibruvan daṇḍamarhati ||194||

 

As much of a certain deposit has been entrusted in the presence of a number of men — so much should it be decided to be; the party misrepresenting it becomes liable to punishment. — (194)

 

Medhātithi’s commentary (manubhāṣya):

‘Certain’ refers to the kind or quality of the substance, and ‘as much’ to its quantity, e.g., one party says — ‘I had deposited gold with him and he is giving me back bell-metal; I had deposited a hundred and he is giving me only half of it’; — on being asked — “Did you hand over the deposit in secret or before witnesses?” — if he says ‘in the presence of a number of men’ — i.e., witnesses — then what these men, on being questioned, should declare, should be regarded as the truth.

‘Misrepresenting’ — i.e., asserting otherwise than this, the party is punished.

If however the complainant says that the deposit was not handed over in the presence of witnesses, there is an occasion for the admitting of other kinds of proof.

This verse also prescribes nothing new. — (194)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 664), which explains ‘vibruvan’ as ‘telling what is not true;’ — in Vivādaratnākara (p. 94), which adds the following notes: — ‘Vibruvan,’ declaring it to be more when it was less; from a parity of reasoning, it follows that if the depository also declares the deposit to be less where it was really more, he also should be fined; — and in Kṛtyakalpataru (85a).

 

Comparative notes by various authors:

(verses 8.193-194)

See Comparative notes for Verse 8.193.

 

 

VERSE 8.195

Section XXXII - Deposits (nikṣepa)

 

मिथो दायः कृतो येन गृहीतो मिथ एव वा ।
मिथ एव प्रदातव्यो यथा दायस्तथा ग्रहः ॥१९५॥

mitho dāyaḥ kṛto yena gṛhīto mitha eva vā |
mitha eva pradātavyo yathā dāyastathā grahaḥ ||195||

 

When a trust has been created privately and accepted also privately, then it should be restored also secretly: as the delivery so the restoration. — (195)

 

Medhātithi’s commentary (manubhāṣya):

 

 

VERSE 180 has laid down the rule regarding deposits; and the present verse lays down what is to be done in the case of other transactions.

In the case of debts, friendly loans and sales, the restoration or repayment should be in the same manner in which it had been contracted. So that if it has been given privately, it should not be made public by seeking for re-payment through a court of justice; and when a loan has been given on the strength of a document written by the debtor alone, then its payment should not be sought for through court. If this were done, the creditor’s property should be made to suffer.

The case of deposits also being covered by this same rule, the addition of a rule in regard to them separately is meant to indicate that in their case the rule is absolute; hence in the case of transactions other than deposits, when effected in private, if subsequently suspicion should arise regarding the possibility of dispute, it may he right and proper to make it public.

Or the repetition may he justified on the ground that what is done in the present verse is the prohibition of making public what has been done in private, while in the preceding verse what has been said concerns ‘sealed or open deposits.’

The term ‘mithaḥ’ means ‘in private,’ or ‘mutually’ As all transactions are done between two parties, the addition of this adverb is meant to deny the presence of a third party.

‘Dāya,’ ‘Trust,’ though a generic term, stands here for transactions other than ‘deposits,’ — such, for instance, as sale and the like. — (195)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Vyavahāra 113b), which has the following notes: — ‘Dāya,’ handing over, pledging, depositing, — ‘graha,’ receiving the deposit

 

Comparative notes by various authors:

Nārada (2.6). — ‘Deposits are of two kinds — attested and unattested. They must be restored precisely in the same condition in which they were delivered.’

Bṛhaspati (12.5). — ‘A deposit is of two kinds — attested and deposited in private; it must be guarded with the same care as a son.’

Do. (12-14). — ‘When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case.’

 

 

VERSE 8.196

Section XXXII - Deposits (nikṣepa)

 

निक्षिप्तस्य धनस्यैवं प्रीत्योपनिहितस्य च ।
राजा विनिर्णयं कुर्यादक्षिण्वन्न्यासधारिणम् ?? ॥१९६॥

nikṣiptasya dhanasyaivaṃ prītyopanihitasya ca |
rājā vinirṇayaṃ kuryādakṣiṇvannyāsadhāriṇam ?? ||196||

 

Thus shall the king come to a decision regarding property given as ‘deposit’ and that which is given as ‘friendly loan,’ — without causing any injury to the keeper of the deposit. — (196)

 

Medhātithi’s commentary (manubhāṣya):

This verse sums up the section.

‘What is given as friendly loan’ — i.e., what is giv en, through friendship, for being used for some time.

The cases have to be decided in such a way as noṭ to cause injury to the keeper of the pledge or deposit. ‘Akṣiṇvan’ — without causing injury to.

In the whole of this section on ‘deposits’ only two or three verses are mandatory in their character, all the rest is purely commendatory, — mentioning things already known, in a friendly spirit. — (196)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 95), which adds the following notes: — ‘Akṣiṇvan,’ not harassing the person who is believed to have been the holder of the deposit; — and in Parāśaramādhava (Vyavahāra, p. 209), which explains ‘aprakṣiṇvan’ (which is its reading for ‘akṣiṇvan’), as ‘not chastising.’

 

 

VERSE 8.197 [Fraudulent Sale]

Section XXXIII - Fraudulent Sale

 

विक्रीणीते परस्य स्वं योऽस्वामी स्वाम्यसंमतः ।
न तं नयेत साक्ष्यं तु स्तेनमस्तेनमानिनम् ॥१९७॥

vikrīṇīte parasya svaṃ yo'svāmī svāmyasaṃmataḥ |
na taṃ nayeta sākṣyaṃ tu stenamastenamāninam ||197||

 

If a man sells another man’s property, without being its owner, and without the owner’s consent, the judge shall not admit him as a witness, — he being a thief; though he may not be regarded as a thief. — (197)

 

Medhātithi’s commentary (manubhāṣya):

The text now proceeds to deal with the head of dispute called ‘Sale without Ownership.’

The ‘property’ — articles — that belongs to another person, — if a person, who is not the owner — i.e., who is not the son or any such relative of the owner, — and who has not obtained the consent of the owner, — ‘sells,’ — him the judge shall regard as a ‘thief’; though the person who buys it from him may not regard him as a thief.

Him the judge ‘shall not admit as a witness,’ — shall not call him as a witness; because he is just like a thief; and being a thief, he is not fit for being called as a witness.

The present exclusion is meant to be, not only from being called as a witness, but from all such acts as are to be done by a gentleman.

When a property is sold by one who is not its owner, without the consent of the real owner, it does not become the property of the buyer; — this fact being already known, the forbidding of such a transaction by means of asserting that such a person is not fit for being called as a witness, is meant to be only a diversified way of saying things — (197)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 103), which explains the phrase ‘na tam nayet sākṣyam’ as ‘should place no confidence in him’; — in Nṛsiṃhaprasāda (Vyavahāra, 26b); — in Vivādacintāmaṇi (p. 41), which explains ‘sākṣyam’ as ‘trustworthy evidence’; — in Kṛtyakalpataru (85b), which explains ‘na tam nayet sākṣyam’ as ‘no trust is to be placed in him’ — and in Vīramitrodaya (Vyavahāra, 115b).

 

Comparative notes by various authors:

Nārada (7.1). — ‘When a property kept as deposit, or the property of a stranger lost by him and found by another, or a stolen article, — is sold in secret, it has to he considered as sale without ownership.’

Bṛhaspati (13.2). — ‘An open deposit, a bailment for delivery, a sealed deposit, stolen property, a pledge, or what has been borrowed for use; — when any one of these articles has been sold in secret by a man, he is declared to be one selling without ownership.’

Vyāsa (Vivādaratnākara, p. 100). — ‘An article borrowed for use, deposit sealed or open, or anything stolen from another, — if any of these is sold by a man, it is a case of sale without ownership.’

 

 

VERSE 8.198

Section XXXIII - Fraudulent Sale

 

अवहार्यो भवेत्चैव सान्वयः षट्शतं दमम् ।
निरन्वयोऽनपसरः प्राप्तः स्याच्चौरकिल्बिषम् ॥१९८॥

avahāryo bhavetcaiva sānvayaḥ ṣaṭśataṃ damam |
niranvayo'napasaraḥ prāptaḥ syāccaurakilbiṣam ||198||

 

If a relative, he shall be made to pay the penalty of six hundred; if he is not a relative, nor one having access to him, he shall incur the guilt of theft (specially). — (198)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse has declared that the man who sells the property of another person is not fit to be admitted to any transaction done by gentlemen, such as the giving of evidence and so forth; and the present verse prescribes for him the penalty of the fine of six hundred. He shall be made to pay — fined — six hundred coins.

‘If a relative,’ ‘sānvaya’; — ‘anvaya’ means relation; he who has some relationship is a ‘relative,’ — such as the son, the wife, the brother and so forth. If such a relative, even though not actually permitted to sell, sells a property, he is not quite a thief; for he is likely to have the idea ‘if it belongs to my father, it is mine’; and in his case it is likely that he will hand over the sale-proceeds to the rightful owner.

The man who has absolutely no relationship with the owner is said to be ‘not a relative,’ ‘niranvayaḥ’; and such a person ‘incurs the guilt of a thief’ — i.e., deserves to be punished as such, undoubtedly. Specially so if he is ‘not one having access’; i.e., if he has no free access to the household of the owner, he should certainly be punished as a thief. If, on the other hand, the property sold by him has been obtained from the household itself, — having been given or sold by some one in the house, — and he has received it through ignorance or folly, — or if he has bought it in an open sale, — then he shall not be punished as a thief; he shall only be fined six hundred.

Or the term ‘apasara,’ ‘access,’ may be taken as standing for modes of acquisition other than purchase, — snoh as gift and the like. The meaning thus is — ‘He is to be regarded as a thief, if he has not purchased it from anyone, nor acquired it through gift or other modes of acquisition.’ — (198)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 103), which adds the following notes: — ‘Avahāryo bhavet,’ should be fined; — ‘svānvayaḥ’ (which is its reading for ‘sānvayaḥ’) a son or some relation of the rightful owner; — ‘ṣaṭśatam,’ six hundred paṇas; — ‘niranvayaḥ,’ not related to the rightful owner; — ‘anapasaraḥ,’ means the removing of the property from the owner’s house; — and the man who does this and sells what belongs to another should be fined six hundred paṇas. If this seller is not a relative of the owner, — and if the removing of the property from the owner’s house has been done, not by any person related to the owner, but by the seller himself, — then he should be punished like a thief. If however the removing has been done by some one else, but the selling is done by the owner’s relative, then the fine may be even more than six hundred paṇas. — The author of

Kalpataru has explained ‘apasara’ as the justification for moving the article from the owner’s possession — such as its being a gift and so forth by which property moves away from the owner’s possession (apasarati anena); and he who has no such justification is ‘anapasara’; and this writer adds that this view has the support of Bhāguri, Medhātithi and the Vṛttikāra.

It is quoted in Vivādacintāmaṇi (p. 41) which has the following notes: — ‘Avahāryaḥ,’ should be made to give up, — ‘sānvayaḥ’ belonging to the family of the owner of the property concerned, — ‘niranvayaḥ,’ not a member of the owner’s family, — ‘anapasaraḥ,’ ‘who has not received the property by any equitable method of acquisition, such as gift and the like’ — ‘ṣaṭśatam,’ he is to be fined 600 paṇas; — and in Kṛtyakalpataru (85b), which explains ‘avahāryaḥ’ as ‘should be made to pay — ‘sānvayaḥ’, as ‘along with his brothers and relatives,’ — ‘ṣaṭśatam,’ i.e., 600 paṇas. — It goes on to say what has been quoted in Vivādaratnākara (above).

 

Comparative notes by various authors:

(verses 8.198-199)

Arthaśāstra (p. 95). — ‘When the rightful owner has found the article that he had lost or which had been stolen from him, he shall have the man in possession of it arrested by the Judge. If the exigencies of time and place do not permit of this procedure, he may himself arrest the man and take him to the Judge; — the Judge shall ask the man in possession — From where did you obtain this thing? If the man explains the manner of his acquisition, but fails to produce the man who had sold it to him, he should be let off after he has surrendered the property; if the vendor is produced, the vendor should he made to pay the price obtained to the purchaser, and also a penalty for theft.’

Nārada (7.4, 5). — ‘The purchaser must not make a secret of the way in which he came by a chattel purchased by him. He becomes free from blame if he can point out the way in which the chattel was acquired by him. In any other case, he is equally guilty with the vendor and shall suffer the punishment of a thief. The vendor shall restore the property to the rightful owner, and shall pay to the purchaser the price for which he had sold it; besides that, he shall pay a fine to the King.’

Bṛhaspati (13.3, 4). — ‘When the vendor has been produced and cast in the suit, the judge shall make him pay the price to the buyer and a fine to the King, and to restore the property to the owner. When the former owner comes forward and makes good his claim to the thing sold, the vendor shall be produced by the purchaser, who thereupon becomes cleared.’

Vyāsa (Vivādaratnākara, p. 202). — ‘When the purchaser has shown the person from whom he had purchased the article, he shall not be blamed in any way; after that, the dispute shall he between that person and the rightful owner of the lost article.’

Yājñavalkya (2.168, 169, 170). — ‘If one’s property has been sold by another person, the property shall be restored to him; the purchaser becomes guilty if he cannot produce the seller; and he shall be dealt with as a thief, if he bought the thing either in secret, or at a very low price, or at an improper time. If a man comes by his property that had been lost or stolen, he should have the possessor arrested; or if the time or place does not permit of this, he shall arrest him himself and produce him before the court; the man becomes absolved from blame on producing the seller; and from the seller, the owner recovers his property, — the purchaser, the price that he had paid, and the King, a fine.’

Bṛhaspati (13.11) — ‘That should be regarded as Fraudulent Purchase which is made at an unreasonably low price, or in the interior of a house, or outside of the village, or at night, or in secret, or from a dishonest person.’

 

 

VERSE 8.199

Section XXXIII - Fraudulent Sale

 

अस्वामिना कृतो यस्तु दायो विक्रय एव वा ।
अकृतः स तु विज्ञेयो व्यवहारे यथा स्थितिः ॥१९९॥

asvāminā kṛto yastu dāyo vikraya eva vā |
akṛtaḥ sa tu vijñeyo vyavahāre yathā sthitiḥ ||199||

 

If a gift or sale is made by one who is not the owner, it should be held to be as not-made, — such being the rule of judicial proceedings. — (199)

 

Medhātithi’s commentary (manubhāṣya):

It is not only purchase from one who is not the owner that is invalid, — but also what is received as ‘gift’ — a ‘gift’ is that which is given either as charity or as a friendly present, — is not valid.

Verse 197 has declared that neither the buyer nor the seller is the owner of the property; and the present verse denies the ownership in cases where it may be considered as having been acquired, in accordance with the law that — ‘one becomes the owner, through inheritance, purchase, partition and gift’ (Gautama, 10.39).

Such is the rule of judicial proceedings, and it should not be transgressed. — (199)

 

Explanatory notes by Ganganath Jha:

Buhler wrongly asserts that “Nandana omits this verse.”

This verse is quoted (as Nārada’s) in Vivādacintāmaṇi (p. 40); — and in Kṛtyakalpataru (86a).

 

Comparative notes by various authors:

(verses 8.198-199)

See Comparative notes for Verse 8.198.

 

 

VERSE 8.200

Section XXXIII - Fraudulent Sale

 

सम्भोगो दृश्यते यत्र न दृश्येतागमः क्व चित् ।
आगमः कारणं तत्र न सम्भोग इति स्थितिः ॥२००॥

sambhogo dṛśyate yatra na dṛśyetāgamaḥ kva cit |
āgamaḥ kāraṇaṃ tatra na sambhoga iti sthitiḥ ||200||

 

Where possession is evident, but no sort of title is perceptible, there title, and not possession, shall be the proof; such is the settled rule. — (200)

 

Medhātithi’s commentary (manubhāṣya):

In a case where, in connection with such things as cattle, gold, lands and so forth, one man is found to have ‘possession,’ — while the ‘title,’ arising from inheritance, gift and other sources, indicates the ownership of another man, — it is ‘title’ that is to be regarded as more authoritative; and mere possession is no proof of ownership.

‘Such is the settled rate’; — the eternal rule is that mere possession does not create ownership; what sort of possession does create ownership has been explained before, under verse 147; and the seeming incompatibility of the present verse with that has also been explained under that same verse. — (200)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 635), which says that what is meant is that what proof of ownership is, not mere possession, but possession accompanied by ‘title’ — i.e., something that indicates actual ownership.

 

Comparative notes by various authors:

Yājñavalkya (2.171). — ‘By title and by possession shall the rightful owner establish his claim to a lost property; if he fails to establish his claim, he shall be fined; he should be made to pay a fine the fifth part of the value of the article concerned.’

 

 

VERSE 8.201

Section XXXIII - Fraudulent Sale

 

विक्रयाद् यो धनं किं चिद् गृह्णीयात् कुलसंनिधौ ।
क्रयेण स विशुद्धं हि न्यायतो लभते धनम् ॥२०१॥

vikrayād yo dhanaṃ kiṃ cid gṛhṇīyāt kulasaṃnidhau |
krayeṇa sa viśuddhaṃ hi nyāyato labhate dhanam ||201||

 

If a man obtains a property from the market, in the presence of witnesses, he acquires that property with a clear title obtained by legal purchase. — (201)

 

Medhātithi’s commentary (manubhāṣya):

The present verse shows by what sort of purchase real ownership is produced.

‘Vikraya,’ ‘market,’ is the place where people sell their goods. If one obtains from the market, some property, — goods put up for sale, in the shape of cattle and the rest, — or the price is paid for it, — ‘he acquires it’ — by ‘legal purchase,’ by paying the proper price, — ‘in the presence of witnesses’ — in the shape of intermediaries and brokers; and thus ‘he acquires it,’ and does not forfeit it. If the thing has been purchased from one who is not the rightful owner of it, then the property is restored to the rightful owner, and the bonafide purchaser obtains the price he had paid from the person who had sold it to him. In the event of his purchase being not bonafide, he is punished and also forfeits the property. This is what is thus asserted — ‘The purchaser proves his bonafides by producing the seller, the rightful owner receives the property, and the king receives the fine paid by the seller, the purchaser receives back the price he had paid from the purchaser’ (Yajñavalkya, 2.170).

This same idea is set forth in the present verse. — (201)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 103), which adds the following notes: — ‘Vikrayāt,’ from the market-place; — ‘Kulasannidhau,’ in the presence of trustworthy traders and brokers; — ‘Nyāyataḥ,’ qualifies ‘krayeṇa’; — ‘viśuddhaḥ’ (which is its reading for ‘viśuddham,’) faultless; — ‘labhate dhanam’, i.e., from the seller; — and in Kṛtyakalpataru (85b), which has the following notes: — ‘Vikrayāt,’ ‘from the ‘market place,’ the word being explained as ‘vikrīyate asmin iti vikrayaḥ,’ — ‘kulasannidhau,’ in the presence of a number of business-men, — ‘nyāyataḥ’ is to be construed with ‘krayeṇa,’ and means a bona fide purchase, on payment of the proper price.

 

Comparative notes by various authors:

Bṛhaspati (13.7, 8, 10). — ‘When a purchase has been made before an assembly of merchants, the king’s officers also being aware of it, — but from a vendor whose habitation is unknown, or when the purchaser is dead, — the owner may recover his own property by paying half the price tendered; the custom in that case being that one half of the value is lost to each of the two parties. When a man purchases a commodity at a fair price, and the purchase has been announced to the King, there is no wrong about it.’

 

Bṛhaspati (12.3, 4). — ‘When the vendor has been produced and has been cast in the suit, the judge shall cause him to pay the price to the buyer, a fine to the King, and to restore the property to the owner. When the former owner comes forward and makes good his claim to the article purchased, the vendor shall be produced by the purchaser; by doing so, the purchaser may clear himself.’

Nārada (7.2-5) — ‘No blame attaches to a sale effected in public; but a clandestine sale is viewed in the same light as theft, according to law. The purchaser must not make a secret of the way in which he came by a chattel purchased by him. He becomes free from blame if he can point out the way in which the chattel was acquired by him. In any other case he is equally guilty with the vendor, and shall suffer the punishment of a thief. The vendor shall restore the property to the rightful owner, and shall pay to the buyer the price for which it was sold to him; besides that, he shall pay a fine to the King.’

 

 

VERSE 8.202

Section XXXIII - Fraudulent Sale

 

अथ मूलमनाहार्यं प्रकाशक्रयशोधितः ।
अदण्ड्यो मुच्यते राज्ञा नाष्टिको लभते धनम् ॥२०२॥

atha mūlamanāhāryaṃ prakāśakrayaśodhitaḥ |
adaṇḍyo mucyate rājñā nāṣṭiko labhate dhanam ||202||

 

If the source cannot be traced, the person (buyer), whose conduct has been cleared by the fact of the sale being public, is let off without punishment, but the man who lost the property shall receive it back. — (202)

 

Medhātithi’s commentary (manubhāṣya):

It has been laid down that purchases shall be made from persons not suspected of dishonesty; hence where the seller is capable of being produced, the rule just quoted becomes applicable; but if the m in having sold the property goes away, — and ‘the source,’ — the seller — cannot be produced by the man who bought from him the property that is now recognised by its real owner as his own, — then the purchaser has his character cleared by the fact that he made the purchase in the open market, — in the presence of a large number of men; and on that account he is let off without punishment.

But the property is restored to the rightful owner, ‘the person who had lost it’ and then recognised it as his own.

The term ‘nāṣṭikaḥ’ means he who has lost, derived from the participial noun ‘naṣṭa’ with the possessive affix ‘ṭhan’ and then the reflexive affix ‘aṇ’; or it may be explained as meaning ‘he who is seeking for his lost property.’

The sense in brief is this: — In the case of a public sale, there is to be no punishment, but the loss of the price paid remains. — (202).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 103), which adds the following notes: — ‘Mūlam,’ the original seller, who sold the article which did not belong to him; — if he is ‘anāhārya’, incapable of being produced by the purchaser, by reason of his being in a foreign country; — but the purchaser is one who had made his purchase openly, — then this latter is not to be punished; — but the actual owner shall receive back his property which had been fraudulently sold.

It is quoted in Vyavahāramayūkha (p. 87), which reading ‘anāhārya’ for ‘anāhāryam’, explains it as ‘not producing;’ — the meaning being ‘even though the buyer is unable to produce the original seller, if his purchase is found to be bona fide by reason of its having been done in public.’

It is quoted in Aparārka, (p. 776), which adds the following explanation: — ‘Mūlam’ is the original seller; — if he is incapable of being produced by reason of his whereabouts being unknown.

It is quoted in Parāśaramādhava (Vyavahāra, p. 215), which adds that the rightful owner is to receive his property from the purchaser, only on paying to him one half of the price that had been paid for it; — this opinion being based upon a clear declaration to that effect by Kātyāyana; — in Vivādacintāmaṇi (p. 43), which adds the following explanation: — ‘Where the selling has been done openly, — and yet the original owner proves his claim to the property concerned, — and the property concerned is not returnable, by reason of its having been exported to foreign lands, and so forth — then the bona fide purchaser is not to be punished, but he is to be made to refund the price to the real owner — and in Kṛtyakalpataru (86a).

 

Comparative notes by various authors:

(See the texts under verses 198-199 and verse 201.)

Viṣṇu (5.164-165). — ‘He who buys unawares in open market the property of a person other than the rightful owner is not to blame; but the owner shall recover his property.’

Yājñavalkya (2.169-170). — (See under 198-199.)

Kātyāyana (Aparārka, p. 176). — ‘One should make a purchase and pay its price openly.’

 

 

VERSE 8.203

Section XXXIII - Fraudulent Sale

 

नान्यदन्येन संसृष्टरूपं विक्रयमर्हति ।
न चासारं न च न्यूनं न दूरेण तिरोहितम् ॥२०३॥

nānyadanyena saṃsṛṣṭarūpaṃ vikrayamarhati |
na cāsāraṃ na ca nyūnaṃ na dūreṇa tirohitam ||203||

 

Any commodity that is mixed up with another should not be sold; nor what is without substance, nor what is deficient, nor what is at a distance, nor what is concealed. — (203).

 

Medhātithi’s commentary (manubhāṣya):

In course of the treatment of ‘Sale without Ownership,’ the author proceeds to lay down other rules also in connection with sales.

‘Any commodity’ — such as saffron — ‘that is mixed up with another’ — commodity, which is of an inferior quality, and which is only similar to it — such as the kusumbha flower — ‘should not he sold.’

‘Nor what is without substance’ — i.e., which, having been kept closed in a vessel for a long time, has lost its substance, has become defective and decays, though appearing as fresh; e.g., cloth and other commodities.

‘Nor what is deficient’; — i.e., less in weight or measure.

‘Nor what is at a distance’ — away from the place of sale; and described as ‘clothes or sugar or such things lying in my house in the village.’

‘Nor what is concealed’ — tied up and hidden in a piece of cloth; or the real form of which is hidden by the colour of another substance; what is old but appears to be new is also called ‘concealed.’

Commodity of these kinds should not be sold; it shall be sold after having been fully exposed and described; sales effected otherwise are invalid; and there would be nothing wrong in such being revoked even after the lapse of ten days.

Since no penalty in connection with this is here prescribed, it shall be understood to be what has been laid down in 193 in connection with ‘fraudulent transactions’ in general.

Others, however, hold that since that penalty is laid down in another context, that in connection with what is referred to here must he what has been prescribed for ‘selling without ownership.’ — (203)

 

Explanatory notes by Ganganath Jha:

‘Tirohitam’ — ‘Concealed’ — ‘in cloth or some such cover’ (Medhātithi and Nārāyaṇa), — ‘in the earth’ (Nandana), — ‘covered with paint’ (Govindarāja, Kullūka and Rāghavānanda).

This verse is quoted in Vivādaratnākara (p. 199), which reads saṃsṛṣṭam rūpam for ‘saṃsṛṣṭarūpam’ and adds the following notes: — ‘Anyat’, saffron and such costly tilings, — ‘anyena’ the Kusumbha flower and such cheaper tilings, — ‘saṃsṛṣṭam,’ adulterated, — ‘rūpam,’ commodity, — ‘sāvadyam,’ defective, — this last is meant to include all defects other than those just specified; — ‘nyūnam,’ less in weight — ‘dure,’ being at a distance and hence incapable of having its defects detected, — ‘tirohitam,’ covered by cloth or some such thing; — and in Kṛtyakalpataru (110a).

 

Comparative notes by various authors:

Yājñavalkya (2.245). — ‘In the sale of medicines, oils, salts, perfumes, grains, molasses and such things, if the vendor mixes inferior stuff, he shall be fined 16 Paṇas.’

Katyāyana (Aparārka, p. 776). — ‘One should make a purchase and pay its price openly.’

 

 

VERSE 8.204

Section XXXIII - Fraudulent Sale

 

अन्यां चेद् दर्शयित्वाऽन्या वोढुः कन्या प्रदीयते ।
उभे त एकशुल्केन वहेदित्यब्रवीन् मनुः ॥२०४॥

anyāṃ ced darśayitvā'nyā voḍhuḥ kanyā pradīyate |
ubhe ta ekaśulkena vahedityabravīn manuḥ ||204||

 

After one damsel has been shown, if another be given to the bridegroom, then he should marry both of them for the same single price, — so Manu has ordained. — (204)

 

Medhātithi’s commentary (manubhāṣya):

Since the present context is dealing with matters relating to sales, it lays down certain rules relating to maidens given in marriage for a price.

At the time of receiving the price, if the man shows a beautiful girl, but after having received it, he gives an ugly one, or one not of proper age, or of inferior qualifications, — then for that same price, the bridegroom shall marry both the girls.

The rule here laid down pertains to the case of girls only, that relating to similar frauds in connection with the selling of cattle and other goods shall be laid down later on. — (204)

 

Explanatory notes by Ganganath Jha:

“Yet he has emphatically inveighed against the sale of women 3.51, 9.98” — says Hopkins. But he forgets that ‘śulka’ is not price, Buhler also has been similarly misled.

 

Comparative notes by various authors:

(verses 8.204-205)

Yājñavalkya (1.66). — ‘If a man gives away his daughter in marriage, without mentioning her defects, he should be fined the highest amercement.’

Nārada (Aparārka, p. 95). — ‘If a man gives away a defective girl in marriage, without mentioning the defect, he should be punished by the King with the first amercement; the defects of a girl being presence of chronic and loathsome disease, shortness of limbs, loss of virginity, immodesty, attachment to another man.’

 

 

VERSE 8.205

Section XXXIII - Fraudulent Sale

 

नोन्मत्ताया न कुष्ठिन्या न च या स्पृष्टमैथुना ।
पूर्वं दोषानभिख्याप्य प्रदाता दण्डमर्हति ॥२०५॥

nonmattāyā na kuṣṭhinyā na ca yā spṛṣṭamaithunā |
pūrvaṃ doṣānabhikhyāpya pradātā daṇḍamarhati ||205||

 

The giver, of a girl who is insane or leprous or has suffered copulation, does not deserve punishment, if he has previously declared her defects. — (205)

 

Medhātithi’s commentary (manubhāṣya):

By the declaration that one does not deserve punishment by giving a girl suffering from the defects of insanity and the rest, after having openly declared them, — what is meant is that by giving her without declaring the defects, one does become liable to punishment.

Not only in the case of the girl given for a price, but also in that of others, who is going to be married by the ‘Brāhma’ and other forms, — the betrothal becomes invalidated, and the penalty is that ‘the man becomes guilty of theft’ (verse 198), — if he does it intentionally; the case in which it is done unintentionally does not fall within the scope of the present context (which deals with ‘fraud’).

The construction is as follows: — ‘If the man openly declares, at the time of betrothal, the defect of the ‘insane’ girl, i.e., insanity, — of the ‘leprous’ girl — i.e., leprosy — of the girl who ‘has suffered copulation’ — i.e., loss of virginity, — by saying ‘this girl has such and such a defect,’ — then he is not liable to punishment. — (205)

 

Comparative notes by various authors:

(verses 8.204-205)

See Comparative notes for Verse 8.204.

 

 

VERSE 8.206 [Joint Concerns]

Section XXXIV - Joint Concerns

 

ऋत्विग् यदि वृतो यज्ञे स्वकर्म परिहापयेत् ।
तस्य कर्मानुरूपेण देयोंशः सहकर्तृभिः ॥२०६॥

ṛtvig yadi vṛto yajñe svakarma parihāpayet |
tasya karmānurūpeṇa deyoṃśaḥ sahakartṛbhiḥ ||206||

 

If a priest appointed at a sacrifice abandons his work, his associates shall pay him only such share as may be in keeping with the work actually done by him. — (206)

 

Medhātithi’s commentary (manubhāṣya):

This verse introduces the head of ‘Joint Concerns’: and as an example, the author takes up the ease of ‘Joint action’ at Vedic rites.

‘Sacrifice’ — The Jyotiṣṭoma and the rest. For the proper performance of the numerous details of these sacrifices, when a certain ‘priest has been appointed,’ — with the words — ‘you should perform the duties of the ‘Hotṛ,’ or ‘of the Adhvaryu,’ or ‘of the Udgātṛ,’ — and the further condition is made — ‘you should do the work according to the śrauta-rules’; — if, on account of his inefficiency or other causes, he happens to abandon it after it has been half-done, — then the share of the sacrificial fee payable to him shall be in accordance with the amount of work done by him. For instance, if the man goes away after having done only a fourth part of his work, he should be paid the quarter of the third part of the entire ‘fee’ prescribed in connection with the particular sacrifice concerned. This would be ‘in accordance with the work done.’

‘By h is associates’ — i.e., the other priests, the Hotṛ, the Udgātṛ and the rest. — (206)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 836); — in Vivādaratnākara (p. 118), which adds the following notes: — ‘Svakarma parihāpayet,’ i.e., through sickness or such causes, a part of the sacrificial fee shall be paid to him, after duly considering the total fee payable for the entire sacrifice and the part of the work that may have been done by him; — in Parāśaramādhava (Vyavahāra, p. 222), which explains ‘sahakartṛbhiḥ’ as ‘by his colleagues’; — in Vivādacintāmaṇi (p. 48), which says that ‘if a priest, through disease or other disability, is unable to perform his work, then he is to be paid his fee in proportion to the work actually done by him; — in Kṛtyakalpataru (89b); — and in Vīramitrodaya (Vyavahāra, 120a), which explains ‘sahakartṛbhiḥ’ as ‘by his collaborators,’ — or the meaning may be ‘he should be paid his share of the fee, along with, at the same time as, the other priests are paid.’

 

Comparative notes by various authors:

(See Manu below, 388.)

Yājñavalkya (2.265). — ‘Among a company of joint workers, if one happen to be dishonest, the others should expel him without payment; if he happen to omit his share of the work on account of his inability to do it, then he should have it done by another. This same rule applies to the case of sacrificial priests, cultivators and artisans.’

Vaśiṣṭha (Aparārka, p. 836). — ‘If the Sacrificial Priest fails to officiate at a sacrifice, or if a Teacher fails to teach, he should be abandoned; one becomes degraded if he abandons them in other circumstances.’

Nārada (Aparārka, p. 836). — ‘If the Sacrificial Priest happen to be in trouble, some one else may officiate for him and receive a proportionate share out of the fee payable to the former.’

Bṛhaspati (Vivādaratnākara, p. 117). — ‘From among men employed in a common work, if one happen to die, his share of the work should be done by a relation of his, or by his colleagues collectively.’

Śaṅkha-Likhita (Do.). — ‘If on the approach of the Savana, a priest should happen to die, what should be done is that his work should be completed by his Sagotra or by his pupil; if he has no relations, then the sacrificer should appoint another Priest.’

 

 

VERSE 8.207

Section XXXIV - Joint Concerns

 

दक्षिणासु च दत्तासु स्वकर्म परिहापयन् ।
कृत्स्नमेव लभेतांशमन्येनैव च कारयेत् ॥२०७॥

dakṣiṇāsu ca dattāsu svakarma parihāpayan |
kṛtsnameva labhetāṃśamanyenaiva ca kārayet ||207||

 

He who abandons his work after the fees have been paid, should receive his full share; and the work should be got done by another. — (207)

 

Medhātithi’s commentary (manubhāṣya):

The sacrificial fees are paid at the ‘Mid-day Extraction’; if a priest gives up his work after that, the fee paid to him shall not be refunded; he ‘should receive it’ — i.e., he should not be made to refund it.

The work should be completed by the sacrificer, through another person, paying him an additional fee. This has been added with a view to preclude the following notion — “Everything in connection with sacrifices should be done by priests, — persons become priests when they have been appointed as such, — this appointment can be made only at the prescribed time, which is before the commencement of the performance, so that if an appointment were to be made during the performance, it would become defective, — and yet the performance has got to be finished, — and if it has to be finished in a defective form, I shall get only those details performed which can be done by the priests other than the one who has gone away.” The sense is that only that much of deficiency has to be admitted as cannot be avoided; and every little detail that can he done should be done.

Some people have held that the verb ‘should be got done’ is to be construed with the ‘priest’; the meaning being that the sacrificer shall pay to the remaining priests higher fees and get the abandoned work done by them, if he cannot do it himself; but, as before the payment of the final fee, the burden of finishing the performance rests with the sacrificer. — (207)

 

Explanatory notes by Ganganath Jha:

‘Kārayet’ — ‘The sacrificer should have it done by another priest’ (Medhātithi); — ‘the defaulting priest should have it done by another (Nārāyaṇa, Kullūka, Rāghavānanda and Nandana).

This verse is quoted in Aparārka (p. 837); — in Paraśāramādhava (Vyavahāra, p. 222), which explains ‘anyena’ as ‘by some from among that group of priests to which he himself belongs’; — in Vivādaratnākara (p. 118); — in Vivādacintāmaṇi (p. 49), which says — ‘if the priest leaves his work after, having received the fee after the midday rites, then he is to return the entire fee, and get the work completed by his son or others’; — and in Kṛtyakalpataru (89b).

 

Comparative notes by various authors:

Yājñavalkya (2.265). — (See under 206.)

Śaṅkha-Likhita (Vivādaratnākara, p. 120). — ‘After a Priest has been appointed, if the sacrificer appoint another, the fee shall be paid to the former; if he happen to go out for some time, then his return shall be awaited, and the sacrificer shall not go on with the performance during his absence. If the completion of the performance becomes urgent, he may have it completed; and on his return, the priest may be given some fee.’

Nārada (3.8-11). — ‘When an officiating priest has met with an accident, another priest shall officiate for him, and receive from him his part of the fee. Where an officiating priest forsakes a sacrificer, who is no offender and is free from guilt, — or when a sacrificer forsakes a faultless priest, — they shall both be punished. There are three sorts of officiating priests: hereditary, appointed by the sacrificer himself, and one who performs the priestly functions of his own accord, through friendship; the above law applies to the hereditary and appointed priests; no sin attaches to the forsaking of the priest acting of his own accord.’

 

 

VERSE 8.208

Section XXXIV - Joint Concerns

 

यस्मिन् कर्मणि यास्तु स्युरुक्ताः प्रत्यङ्गदक्षिणाः ।
स एव ता आददीत भजेरन् सर्व एव वा ॥२०८॥

yasmin karmaṇi yāstu syuruktāḥ pratyaṅgadakṣiṇāḥ |
sa eva tā ādadīta bhajeran sarva eva vā ||208||

 

In connection with a rite, when specific fees are prescribed for its several parts, — will one man take all these, or shall they all share them?

 

Medhātithi’s commentary (manubhāṣya):

This verse adds something more in connection with Vedic rites, which is relevant to the present context.

In connection with rites, fees are as a rule proscribed for them as a whole, and not with reference to each priest, — the injunction being in the form ‘the fee for it shall he twelve hundred’; this same injunction becomes applicable by ‘transference’ also to such sacrifices as grow out of, and are analogous to, that in connection with which the fee has been prescribed; — such sacrifices, for instance, as the llājasūya and the rest; — now in connection with these latter, it is found that with reference to certain parts of the rite, distinct speciñc fees have been prescribed as to be paid to a particular priest specifically, — e.g., ‘the bright gold shall be given to the Adhvaryu’; — these are what are called (in the text) ‘specific fees for its several parts.’

Now the question arises — Is the gift, like the other sacrificial fees, connected with the Adhvaryu, only in the sense that he is one among four partners, and it belongs to all the priests, the Adhraryu being only the channel? or that it belongs to the Adhvaryu alone, the others receiving a share only out of the main fee?

This is the question propounded by the verse.

The term ‘pratyaṅgadakṣiṇā’ means the fees directly prescribed in so many words in connection with special rites as to be given to particular persons. Or the term ‘pratyaṅga’ may mean for each several part.

‘Will one man take all these,’ — the gift being connected with the chief priest only, — or shall others all ‘share them,’ — those, equally with the chief priest, having officiated at the performance; — just as they do in the case of the main sacrificial fee? — Such is the sense of the question.

The answer to this is that when a certain fee has been prescribed for a particular person, it is to be taken by him alone: as it is only thus that the prescribed act of ‘giving’ could he regarded as fulfilled. The mention of the particular recipient in the rule could not be intended to serve any transcendental purpose (and no other purpose could it serve, if the fee were not actually meant to be received by that person alone). — (208)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 119) which adds the following notes: — ‘Praiyaṃśadakṣiṇāḥ’ (which is its reading for ‘pratyaṅgadakṣināḥ’), the fees that have been prescribed for a particular priest, in connection with particular sections of an elaborate sacrifice; e.g., at the ceremony of anointment two golden vessels are given to the Adhvaryu priest; — in regard to these, the question is — Is the whole of that special fee to be taken by that one priest in reference to whom it has been prescribed? Or that individual is only the formal recipient, and the fee has to be equally divided among all the priests taking part in the performance?

It is quoted in Kṛtyakalapataru (90a), which explains ‘pratyaṃśadakṣiṇā’ (which is its reading for ‘pratyaṅgadakṣiṇā’) as ‘the fees that have been prescribed as the special shares of particular priests’, and it adds that this rule is meant to raise the question whether when, e.g., two gold Prakāśas are prescribed as to be given at the Abhiṣecanīya Rites, to the Adhvaryu, — are the two articles to be taken by that priest, or are they to be divided among all the priests concerned?

 

Comparative notes by various authors:

Viṣṇu (Vivādaratnākara, p. 120). — (Same as Manu).

Bṛhaspati (Aparārka, p. 837). — (Same as Manu).

 

 

VERSE 8.209

Section XXXIV - Joint Concerns

 

रथं हरेत् चाध्वर्युर्ब्रह्माऽधाने च वाजिनम् ।
होता वाऽपि हरेदश्वमुद्गाता चाप्यनः क्रये ॥२०९॥

rathaṃ haret cādhvaryurbrahmā'dhāne ca vājinam |
hotā vā'pi haredaśvamudgātā cāpyanaḥ kraye ||209||

 

At Fire-laying, the Adhvaryu shall take the chariot, and the Brahman the horse; or the Hotṛ shall take the house: and the Udgātṛ shall take the cart at the Soma-purchase. — (209)

 

Medhātithi’s commentary (manubhāṣya):

At the rite of Fire-laying the Adhvaryu shall take the chariot; and the Brahman or the Hotṛ shall take the swift horse.

In certain rescensional texts, these form the ‘sacrificial fee’ for the rite of Fire-laying.

At, the rite of ‘Soma-purchase,’ there is a cart, which is to be taken by the Udgātṛ. To this cart one calf is yoked, and another unyoked: and it is on this cart that the purchased Soma is carried. Others hold that the rites laid down in connection with the ‘purchase of Soma’ have some transcendental purpose, and their use does not lie only in the obtaining of the Soma; because there is no new character produced in the Soma by its being purchased in the peculiar manner prescribed.

This verse has described how the fees prescribed in connection with the subsidiary details are to be distributed among the several persons concerned; the next verse is going to describe the rule concerning the distribution of the sacrificial fee prescribed in connection with all rites in general. — (209)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 120), which adds the following notes: — For the followers of certain recensions it is laid down in connection with the fire-kindling rites that the Adhvaryu is to receive the chariot the Brāhmaṇa priest a swift horse, the Udgātṛ priest, the cart in which the Soma is carried. — ‘Kraye’ means at the purchase of Soma. — Hence the answer to the question raised in the preceding verse is that the special fee prescribed for a particular priest is to be given to that priest only; as it is only thus that the ‘giving’ would be done in its real sense; the mention of the priests in the texts prescribing the fees could not but be for this perceptible purpose; while in any other case such naming would have to be taken only as serving some transcendental purpose.

This verse is quoted also in Parāśaramādhava, (Vyavahāra, p. 221), to the effect that it is only the general fee prescribed in connection with the performance as a whole that it is to be divided among the priests, — not so the special fee prescribed in connection with a particular priest, who alone is to receive this latter fee; — and in Kṛtyakalpataru (90a), which says that this answers the question raised in the preceding verse, the answer being that wherever the texts prescribe a certain article as to be given to a particular person, it has to be given to that person only.

 

Comparative notes by various authors:

Viṣṇu (Vivādaratnākara, p. 120). — (Same as Manu).

Bṛhaspati (Aparārka, p. 837). — (Same as Manu).

 

 

VERSE 8.210

Section XXXIV - Joint Concerns

 

सर्वेषामर्धिनो मुख्यास्तदर्धेनार्धिनोऽपरे ।
तृतीयिनस्तृतीयांशाश्चतुर्थांशाश्च पादिनः ॥२१०॥

sarveṣāmardhino mukhyāstadardhenārdhino'pare |
tṛtīyinastṛtīyāṃśāścaturthāṃśāśca pādinaḥ ||210||

 

From among all, the chief men shall receive half; the next shall receive half of that; the ‘thirders’ the third part and the ‘fourthers’ the fourth part of it. — (210)

 

Medhātithi’s commentary (manubhāṣya):

From among the priests, ‘the chief ones receive half’; i.e., they receive half of the fee that is prescribed for the rite as a whole.

At the Soma-sacrifice there are sixteen priests; of these the chief ones are four: the Hotṛ, the Adhvaryu, the Brahman and the Udgātṛ, and these receive one half of the total fee; — the total fee being one hundred and twelve, fifty-six go to these four men.

Half of this, that is twenty-eight, go to the ‘next’; i.e., those four whose appointment comes after that of the four mentioned above; i.e., the Maitrāvaruṇa, the Pratiprasthātṛ, the Brāhmaṇācchaṃsin and the Prastotṛ.

The ‘thirders’ receive the ‘third part.’ — The term ‘part’ here is synonymous with ‘half’; the term ‘half’ does not always stand for two equal divisions; it is used also in reference to what is very near such equal divisions; hence the ‘third part’ of ‘fifty-six’ is understood to be sixteen; so that each of these four gets four.

Some people take the ‘third part’ as such that of the total fee; when others take it as that of fifty-six.

The four ‘thirders’ are — the Acchāvāka, associated with the Hotṛ, the Neṣṭṛ connected with the Adhvaryu, the Agnīd with the Brahman, and the Pratihartṛ with the Udgātṛ.

The ‘Fourthers’ — i.e., so called because they perform the fourth part of the rite, and also because they occupy the fourth place from the Maitrāvaruṇa — receive ‘the fourth part’ — i.e., twelve — of the whole; this number being got at in the same manner as before.

This same method of distribution is to be employed also in the case of the rite of Initiation, where the fee is laid down as ‘a hundred’; where also the ‘halfers’ and ‘fourthers’ help in the performance.

The practice, that, we have found prescribed elsewhere we have described in connection with the present text also. — (210)

 

Explanatory notes by Ganganath Jha:

The total fee being 112, the shares are 56, 28, 16, 12 (Medhātithi); — the total being 100, the shares are 48, 24, 16, 12 (Rāghavānanda, Nārāyaṇa and Kullūka); [Buhler wrongly puts the last figure as 8]; — the total fee shall be divided into 25 shares and the several classes shall receive 12, 6, 4 and 3 respectively.

This verse is quoted in Vivādaratnākara (p. 118), which adds the following notes: — At the Jyotiṣṭoma, 100 cows have been laid down as the fee for the 16 priests; and the present rule prescribes what part of it is to be given to which priest; the four ‘principal’ priests — e.g., the Hotṛ, Adhvaryu Brahman and Udgātṛ — are ‘ardhinaḥ’, entitled to one half; with a view to the total available, this ‘one half must be understood to be 48; so that 48 cows are to be given to the principal priests’; — the next class, consisting of the Maitrāvaruṇa, Pratiprasthātṛ, Brāhmaṇacchaṃsi and Prastotṛ are to receive half of the ‘half-sharers’, i.e., 24 cows have to be given to these; — the next class, consisting of the Acchāvāka, Neṣṭr, Agnīdhra and Pratihartṛ, are entitled to a third part of the ‘half-sharers’; so that they are to receive 16 cows; — the last class consisting of the Grāvastotṛ, Netṛ, Potṛ and Subrahmaṇya, are to receive a quarter of the ‘half-sharers’; so that these receive 12 cows. — This division, it adds, his based upon the text ‘ardhino dīkṣayati’ which actually names the priests ‘ardhinaḥ,’ ‘half-sharers’, and so forth.

It is quoted in Mitākṣarā (2.265), which lays down the same classification and division as the Vivādaratnākara. It raises the following question: — “This division cannot be acceptable, as we find neither any convention to the effect, nor is the fee of the nature of capital jointly raised, nor is there any Vedic text actually prescribing such shares. So that, under the circumstances, the most equitable division would be that every one should receive an equal share, according to the rule laid down in Mīmāṃsā-sūtra — ‘Samam syāt aśrutatvāt’, ‘it must be equal, as nothing else has been directly prescribed’; or that each one should receive what is due to him in consideration of the work actually done by him.” — It answers this objection as follows: — Unless we accept the division suggested, we cannot account for the names ‘ardhinaḥ’ (half sharers), ‘Tṛtīyinaḥ’ (third sharers), and ‘Pādinaḥ’(quarter sharers), which we find in a text in connection with the Dvādaśāha sacrifice, which has the Jyotiṣṭoma for its archetype; these names would be meaningless if they were not taken as indicating the share of the priests in the sacrificial fee.

It is quoted in Aparārka (p. 837), which adds that though the first class of priests gets only 48, which is not quite half of 100, yet it is very close to it; hence they may be called ‘Half sharers’; it has the same division as in Mitākṣarā.

It is quoted in Smṛtitattva (p. 739); — and in Kṛtyakalpataru (90a), which adds the following explanation: — ‘Sarveṣām’, among the sixteen priests engaged in the sarcrifice, out of the 100 cows, the prescribed sacrificial fee, one half is to go to the principal priests, viz., Hotṛ, Brāhmaṇa, Adhvaryu and Udgātṛ; even though they may receive a little less than the exact one half, they may be called ‘ardhinaḥ’, ‘Halfers’; the second set, consisting of the Maitrāvaruṇa, Brāhmaṇacchaṃsin, Pratiprasthātṛ and Prastotṛ, are entitled to half of what is received by the former set; the third set, consisting of the Acchāvāka, Agnīdhra, Neṣtṛ and Pratihartṛ, receive the third part of what is received by the first set; — and the fourth set, consisting of the Grāvastut, Netṛ, Unnetṛ and Subrahmaṇya, receive the fourth part of what is received by the first set.

 

 

VERSE 8.211

Section XXXIV - Joint Concerns

 

सम्भूय स्वानि कर्माणि कुर्वद्भिरिह मानवैः ।
अनेन विधियोगेन कर्तव्यांशप्रकल्पना ॥२११॥

sambhūya svāni karmāṇi kurvadbhiriha mānavaiḥ |
anena vidhiyogena kartavyāṃśaprakalpanā ||211||

 

Among men carrying on their business jointly, the allotment of shares should be done by the application of these principles. — (211)

 

Medhātithi’s commentary (manubhāṣya):

In the sacrificial performance, the man who does the most laborious parts of the work and is employed to do what demands much effort, receives a larger fee, and he who does the easier parts receives loss; similarly among ordinary workmen also, those, e.g., employed in the building of houses and temples, — when they do the work ‘jointly,’ as among the architect, the mason and the carpenter. — their several shares shall be alloted ‘by the application of these principles’; — ‘principle’ is rule laid down in the Veda, hence this phrase means ‘according to the rule laid down in the Veda in connection with sacrificial performances.’

Similarly in the producing of a drama, and such other business, the shares are to ho alloted among the dancers, the singers and the players of musical instruments.

Even though everyone of the persons concerned may be well versed in the science and quite capable of doing all the work, yet the shares are to be alloted in accordance with the work that is actually done by each, and according to the character of the man concerned.

Thus ends the treatment of ‘Joint Concerns.’ — (211)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 221), which remarks that this distribution pertains to only cases where the thing to be divided is mentioned as common to all; — in Kṛtyakalpataru (90a); — and in Vīramitrodaya (Vyavahāra, 119b), which says that this refers, not to the fee that is prescribed for individual priests, but to the common fee of 1200 cows, which is prescribed for all the officiating priests.

 

Comparative notes by various authors:

Yājñavalkya (2.259). — ‘Among traders carrying on a joint concern for profit, their profit and loss shall be commensurate with the share of capital contributed by each.’

Nārada (3.1-3). — When traders or others carry on business jointly, it is called Partnership. When several partners are jointly carrying on business for the purpose of profit, the contribution of funds towards the common stock of the association shall form the basis of their undertakings. Therefore let each contribute his proper share. The loss, expenses and profit of each partner are either equal to those of other partners or exceed them, or remain below them, according as his share is equal to theirs, or greater or less.’

Bṛhaspati (14.3). — ‘As an equal, smaller, or larger share of the joint stock has been contributed by a partner, in the same proportion shall he defray charges, perform labour and obtain profit.’

Śukranīti (4.5.614-618). — ‘Those who deal in gold, grains and liquids, jointly, will have the earnings according to the amount of their share, greater, equal or less. Whatever portion has been stipulated beforehand, — equal, less or greater, — that shall he accepted. Expenditure he shall pay and do the labour also proportionately, and take the profit also in the same manner.’

 

 

VERSE 8.212 [Resumption Of Gifts]

Section XXXV - Resumption Of Gifts

 

धर्मार्थं येन दत्तं स्यात् कस्मै चिद् याचते धनम् ।
पश्चाच्च न तथा तत् स्यान्न देयं तस्य तद् भवेत् ॥२१२॥

dharmārthaṃ yena dattaṃ syāt kasmai cid yācate dhanam |
paścācca na tathā tat syānna deyaṃ tasya tad bhavet ||212||

 

When a man gives money, for a pious purpose, to another who asks for it, — if, subsequently, it is not used for that purpose, then, it shall not be given to him. — (212)

 

Medhātithi’s commentary (manubhāṣya):

A man comes to the rich man praying — ‘I am desirous of marrying for the sake of issue,’ or ‘I wish to perform such and such a sacrifice,’ ‘give, me some money’; — and the money is given to him; — but the man does not marry, and spends the money either in gambling or over prostitutes, or for something else, laying it out on interest or agriculture, — then ‘it shall not be given to him.’

When the money has been given already, there can be no sense in forbidding the gift; (A) hence the sentence should be taken to mean that ‘it shall be taken back from him.’ (B) Or the former clause itself may be taken in a figurative sentence, — the word ‘gives’ being taken in the sense of ‘promises’; the meaning in this case would be that ‘the promised money shall not be given.’ In this sense we have the assertion of Gautama (5.23) — ‘Even after promising, no money shall be given to one who is found to be unrighteous.’

“Of these two explanations (A & B), which is the more reasonable?”

Both are reasonable: the taking back of what has been given, and also not giving what has been promised. In another Smṛti -text we find both these courses laid down: — Beginning with the words — ‘I am going to perform such and such an act,’ the text goes on to say — ‘what is given in ignorance is as good as not given’ Nārada, 4.10-11). This means that when money has been given for a certain act, if that act is not done, the money, even though paid, shall ho brought back from the receiver’s house; and the opinion of Nārada is that in this case there was only a promise of the gift, and its fulfilment would be dependent upon the actual fulfilment of the purpose for which it had been asked for. — (212)

 

Explanatory notes by Ganganath Jha:

‘Kartāhametat karmeti’ — (Medhātithi, p. 1009, l. 5). — The text of Nārada (4.10-11) is — ‘Kartāhametat karmeti pratilābhecchayā ca yat Apātre pātramityukte kārye vā dharmasaṃhite Yaddattam syādavijñānādadattam tadapi smṛtam.’

This verse is quoted in Vivādaratnākara (p. 137), which explains the meaning to be — ‘If the man begs money for the performance of a pious act, but having got it, he does not do the act, then the gift should be recovered from him.’

It is quoted in Smṛtitattva (II, p. 348), to the effect that when money has been given to a Brāhmaṇa who has begged it for the purpose of performing a sacrifice or some such act, — but he does not do such an act, — then the money is to be taken back from him; — and in Kṛtyakalpataru (94a).

 

Comparative notes by various authors:

Ārthaśāstra (6.94). — ‘In some cases the resumption of a gift is permitted; if one has given away his entire property, or his wife and son, or his own self, it should be restored to him; if a gift has been promised to a certain person under the impression that he is deserving of it, it may be resumed on his being found to be undeserving; u (?) if a gift was promised to a man for the purpose of helping him in the carrying on of such meritorious work as the tending of cows and the like, it may be resumed if he is found to be using it in stealing, adultery and such acts; if it has been promised to a man under the impression that he has rendered help to the giver, it may be resumed if the man is found either to have done him no good or to have actually done him harm; if a gift has been promised by virtue of certain special qualifications in the recipient, it may be resumed if he is not found to possess those qualifications. Clever judges shall permit such resumption of gifts in such a manner as neither the giver nor the recipient may be hit hard.’

Nārada (14.4 et seq.). — ‘A deposit, a pledge, joint property, a son, wife, the entire property of one having offspring, and what has been promised to another man: — these have been declared to be inalienable by one even in the worst plight...... The price paid for merchandise, wages, a present offered for amusement, a gift made from affection, or from gratitude, or for sexual intercourse with a woman, and a respectful gift, — these are valid gifts. The following are invalid gifts: what has been given under the influence of fear, anger, hatred, sorrow or pain; or as a bribe, or in jest, or fraudulently, under false pretences; or by a child, or by a fool, or by a person not bis own master, or by one distressed, or by one intoxicated, or by one insane, or in consideration of a reward, thinking this man will do me some service; — and so is invalid what has been given from ignorance to an unworthy man thought to be worthy, or for a purpose thought to be virtuous. The donee who covets invalid gifts and accepts them through avarice, — and the donor of what ought not to be given, — both deserve punishment.’

Bṛhaspati (16.2, 8-11). — ‘That which may not be given is of eight kinds: joint property, son, wife, pledges, one’s entire property, a deposit, wealth, what has been borrowed for use and what has been promised to another. The following eight are recognised as valid gifts: — wages for pleasure derived, price of merchandise, fee paid to or for a damsel, present to a benefactor, present through reverence, kindness or affection. What has been given by one angry or resenting an injury, or through inadvertence, or by one distressed, or by a junior, mad man, a terrified person, one intoxicated or overaged, or outcast or idiot, or one afflicted with grief or illness, — or what is given in jest; — all these have been declared to be void gifts. When anything has been given through desire for reward, or to an unworthy person mistaken for a worthy one, or for an immoral purpose, — the donor may resume the gift.’

Kātyāyana (Vivādaratnākāra, p. 129, p. 132, p. 135). — ‘A man may give away his entire property over and above what may be necessary for the maintenance of his family, excepting his house. If a man has promised a gift to a Brāhmaṇa of his own accord, if he refuses to give it he should he made to pay it, and also pay the first amercement. A man may resume what he may have given under the influence of love or anger, or when he was not a free agent, or when he was distressed. Or one made by a eunuch, an intoxicated person, or under a misapprehension, or in jest. If a bribe has been promised for some work, it should never be given, even if the work may be accomplished.’

Yājñavalkya (2-175, 176). — ‘With the exception of the wife and son, everything may he given away, in consonance with the interests of the family; if a man has offspring, he should not give away his entire property; nor may he give to one person what has been promised to another. The acceptance of a gift should he public, specially in the ease of immovable property; on having given or promised a gift, one should not resume it.’

Gautama (Vivādaratnākara, p. 133). — ‘Even though he may have promised a gift, he shall not give it if the recipient is found to be unrighteous.’

 

 

VERSE 8.213

Section XXXV - Resumption Of Gifts

 

यदि संसाधयेत् तत् तु दर्पात्लोभेन वा पुनः ।
राज्ञा दाप्यः सुवर्णं स्यात् तस्य स्तेयस्य निष्कृतिः ॥२१३॥

yadi saṃsādhayet tat tu darpātlobhena vā punaḥ |
rājñā dāpyaḥ suvarṇaṃ syāt tasya steyasya niṣkṛtiḥ ||213||

 

If, through arrogance or greed, the man should seek to recover it, he should be made by the King to pay one gold-piece, as an expiation for that theft. — (213)

 

Medhātithi’s commentary (manubhāṣya):

‘Seeking to recover it’ — i.e., filing a suit before the King, with a view to recover it in the manner of a debt; — when, on being asked to pay back what he has already received, the man files an application before the King, saying ‘Having given the money to me he seeks to take it away from me’; the ‘recovering’ of the gift consisting, in this case, of its being confirmed. — This is done cither ‘through arrogance or greed’; — this describes the causes of the action mentioned before.

The penalty for the man who does this act shall be ‘one gold-piece’; — ‘as an expiation for that theft’; — lest people think that the man, being regarded as a thief, should suffer the penalties prescribed for theft, the author has laid down the penalty as ‘one gold piece.’ And yet he has used the word ‘theft’ with a view to preclude the notion that the man is not a ‘thief,’ since what he has taken was given to him and he did not take it away himself. The meaning thus is that, though the man is a ‘thief,’ yet his punishment, as here laid down, shall consist of ‘one gold piece’ only, but in all other respects, he is to be treated as a ‘thief.’ — (213)

 

Explanatory notes by Ganganath Jha:

‘Saṃsādhayet’ — ‘If he tries to enforce the fulfilment of the promise by a complaint before the king’ (Medhātithi); — if he tries to obtain the money forcibly or refuses to refund it’ (Kullūka, Rāghavānanda and Govindarāja); — ‘if he should withhold the repayment’ (Rāmacandra, who reads ‘Sandhārayet’); — ‘if the man should really perform the act for which he had begged, then the man who had promised to pay, but did not pay, (or having paid, took it back), should be made to pay to him a Suvarṇa, by way of fine, for not fulfilling his promise’ (Nandana, who has been misrepresented by Hopkins).

This verse is quoted in Vivādaratnākara (p. 137), which explains the meaning to be — ‘if, through annoyance or greed, he should accomplish the purpose (artham sādhayet ), then he should be fined by the king one Suvarṇa.’

It is quoted also in Aparārka (p. 782), which adds the following explanation: — ‘If on being asked to refund, the man, through annoyance or greed, does not refund the money, but complain before the king with a view to establish the fact that the gift should not be taken back, — then he should be forced to refund the money’; — and in Kṛtyakalpataru (94a).

 

Comparative notes by various authors:

Arthaśāstra (p. 94). — ‘If a gift is made under fright, — for fear of punishment, or blame or calamity, — the man accepting the gift should be punished as a thief; — so also one who offers and accepts a gift in anger for the injuring of a third person.’

(See texts under 212.)

 

 

VERSE 8.214

Section XXXV - Resumption Of Gifts

 

दत्तस्यैषौदिता धर्म्या यथावदनपक्रिया ।
अत ऊर्ध्वं प्रवक्ष्यामि वेतनस्यानपक्रियाम् ॥२१४॥

dattasyaiṣauditā dharmyā yathāvadanapakriyā |
ata ūrdhvaṃ pravakṣyāmi vetanasyānapakriyām ||214||

 

Thus has been fully explained the lawful non-misappropriation of gifts; after this I am going to describe the ‘non-misappropriation of Wages.’ — (214)

 

Medhātithi’s commentary (manubhāṣya):

The first half sums up the foregoing Head of Dispute, and the second introduces the next head.

‘The non-misappropriation of gifts has been explained.’ — ‘Misappropriation’ is non-fulfilment; and it is the negation of this that is expressed by the negative prefix; the sense being that if the gift is resumed in the manner described above, it does not mean its improper ‘misappropriation’; such is the rule of all gifts.

‘Lawful’ — not against law.

“When the gift, after being promised, is not paid, — how does this not militate against law?”

Such a question should not be raised. Since the right and lawful course in the case is that it should not be paid, or if paid, it should be taken hack.

‘Explained’ — described.

‘Yathāvat,’ ‘fully’ — i.e., in the right manner. The meaning is that ‘it has been expounded in the proper manner.’ Or the term ‘yathā’ may be taken to mean propriety, so that ‘yathāvat’ would mean properly.

‘Wages’ — subsistence-allowance; and the ‘non-misappropriation’ of this is going to be described. That is, what I am going to describe now is the behaviour by which there is no improper misappropriation of duty on the part of those who work on wages. — (214)

 

 

VERSE 8.215 [Non-Payment of Wages]

Section XXXVI - Non-Payment of Wages

 

भृतो नार्तो न कुर्याद् यो दर्पात् कर्म यथोदितम् ।
स दण्ड्यः कृष्णलान्यष्टौ न देयं चास्य वेतनम् ॥२१५॥

bhṛto nārto na kuryād yo darpāt karma yathoditam |
sa daṇḍyaḥ kṛṣṇalānyaṣṭau na deyaṃ cāsya vetanam ||215||

 

If a hireling, without being ill, does not perform the stipulated work, through arrogance, — he should be fined eight ‘Kṛṣṇalas,’ and should not receive his wages. — (215)

 

Medhātithi’s commentary (manubhāṣya):

The man who does a stipulated work for a stipulated amount of wages is what is meant by the term ‘hireling’ here; i.e., the man who has been engaged to do a certain service, and who has agreed to do it within a definite time, if he is paid ‘five rupees’ (for instance), if such a person does not finish the work, he should be fined eight ‘kṛṣṇala’ — of gold, or of silver, or of copper, in accordance with the nature of the work and other circumstances; and he should not receive the said rupees, which had been fixed as his wages.

But this applies to a case where the man is not ill, and omits to do the stipulated work, ‘through arrogance.’ That is, the fine and the loss of wages are to be inflicted only upon the man who is not suffering from any illness, and who omits to do the work through sheer arrogance; so that it is not open to the man to retort — ‘Pay me an amount commensurate with the labour already incurred by me.’

Some people hold that this same penalty is to be inflicted upon priests who leave off their work at their own will.

But this is not right; in the case of a sacrificial performance, the loss to the sacr ifi cer, caused by the rites being only half-done, is very great, so that the penalty in this ease should also be heavy; all that the sacrificer has lost should he made good, and the man should also compensate for the physical suffering involved in the saerificer having to repeat, the preliminary rites of the ‘Dīkṣā,’ the ‘Upasad’ and the ‘Devavrata.’

In a case where a mechanic approaches the rich man and urges him to undertake the digging of a tank, or the building of a temple, with the promise that he would supervise the work and see that it is completed, but subsequently slips off, then he should” make good all the loss of money and energy that his employer may have suffered; and thus according to the law of the ‘trader and the carrier,’ this law has been propounded by Kātyāyana as being applicable to all cases: in his Sutra, be says — ‘If, through the fault of the carrier, the trader suiters some loss, it shall be borne by the carrier, — and so also the man who, having urged a man to invest his money on some undertaking, slinks off, after the work has been only half-done.’ Here ‘investing’ means applying t he money to the work; and one who makes the man do this, should make good the loss; such is the sense of the passage.

The law laid down in the verse applies to the person who is engaged on fooding only, for six months, or one year, to do a specified work. Says Nārada — ‘If a man does not do the stipulated work, he should be forced to receive his wages and do it; if he receives the wages, but does not do the work, he should suffer double the amount received in wages; if he abandons the work before the end of the stipulated time, he deserves to lose his wages.’ — (215)

 

Explanatory notes by Ganganath Jha:

‘Kṛṣṇala’ — ‘Of gold, silver or copper, according to the nature of the case’ (Medhātithi and Govindarāja); Kullūka also has ‘suvarṇādi’, ‘gold and others’, and not ‘gold’ only. Buhler has misrepresented him.

This verse is quoted in Mitākṣarā’ (2.198); — in ‘Vyavahāramayūkha’ (p. 92); — in Parāśaramādhava (Vyavahāra, p. 233), which notes that this is meant for a case where the hired man has left the work half undone; if he has done more than half, then only the wages have to be withheld (and there is to be no fine); — in Aparārka (p. 797), which notes that he should not receive the wages of even that part of the work which he may have done and in Kṛtyakalpataru (102a), which explains ‘anārtaḥ’ as not suffering from any disability imposed either by royal command or by supernatural causes.

 

Comparative notes by various authors:

(verses 8.215-217)

Āpastamba (2.28.2-3). — ‘A servant in tillage who abandons his work shall be flogged. The same punishment shall be inflicted on a herdsman leaving his work.’

Viṣṇu (5.153-154). — ‘A hired workman who abandons his work before the term has expired shall pay the whole amount of the stipulated wages to his employer; and he shall pay 100 Paṇas to the King.’

Yājñavalkya (2.193-198). — ‘If a workman abandons his work after having received his wages, he shall refund double the amount received by him. If he abandons it before he has received any wages, he should pay to the employer the amount of the stipulated wages; but workmen may be allowed to retain their tools. If the employer has engaged a workman without settling his wages, he should be made by the King to pay the tenth part of the profit that he may have made in trade, in cattle or in agriculture, through the labours of that workman. In a case where the workman has worked beyond the stipulated time and place, — if this additional work decreases the profits of the employer, the latter may give him such wages as he likes for this additional work; but if it has tended to increase his profits, he shall give more. A man shall be paid his wages in accordance with the amount of work done: and neither party shall be stingy (of labour or payment); if the workman is sparing in his labour, he shall receive only what the employer may give him. In the case of a carrier, if he destroys the articles he is carrying, through neglect, — and not through any act of God or of the King — he should be made to replace it; if the employer puts obstacles in the way of his starting, he shall pay double the amount of the stipulated wages. If the carrier abandons the work after he has just started, he should be made to pay the seventh part of the stipulated wages; the fourth part, if he abandons it on the way; the whole of it if he abandons it after going half way of the journey. If the employer dismisses the carrier, he should be made to pay in the same proportion.’

Nārada (5.22). — ‘Hired servants are of three kinds: highest, middlemost and lowest; the wages due for their labour are fixed in proportion to their skill and to the value of their services.’

Do. (6.2, 3, 5-9). — ‘A master shall regularly pay wages to the servant hired by him, whether it be at the commencement, at the middle, or at the end of his work, just as he had agreed to do. When the amount of the wages has not been fixed, the servant of a trader, a herdsman and an agricultural labourer shall take a tenth part of the profit derived from the trade, the product of the cows and of the grain respectively. If one fails to perform such work as he had promised to do, he shall be compelled to perform it, after first paying him the wages. If he does not perform it after receiving the wages, he must pay back twice the amount of the wages received. One who abandons merchandise which he had agreed to convey to its destination, shall give a sixth part of the wages. An employer who does not pay the wages that he had agreed to give shall forfeit those wages together with interest. A merchant who does not take a conveyance or beasts for draught of burden, after having hired them, shall be made to pay a fourth part of the hire, and the whole, if he leaves them half-way. And so shall a earner who fails to transport the goods entrusted to him forfeit his wages. He shall be compelled to pay twice the amount of his wages if he raises difficulties at the time of starting. When the merchandise has been damaged by the carrier’s fault, he shall have to make good every loss, — not including such losses as may have been caused by fate (accident) or by the King.’

Bṛhaspati (16.8-20). — ‘The servant for gain or pay is declared to be of many sorts; another is servant for a share of the grain... — A servant engaged for a day, a month, half-month, a six-month, two months, or a year, must do the work which he promised to do and receive the stipulated wages. A servant for a share of the grain is of two kinds — serving either a husbandman or an owner of cattle; ho shall receive a share of the grain produced, or of the milk; a third or fifth of the produce shall be given to the cultivator of the soil as his share. Let that cultivator to whom food and clothing are given take a fifth part of the crops; and let him who serves in consideration of the profit take a third part of the grain produced. Should a hired servant fail in the performance of ever so small a part of his employer’s work, he forfeits his wages, and may be sued in court for his offence. When a servant does not perform his work after having received his wages, though he is able to work,... he shall be compelled to pay twice as much as his wages as a fine to the King, and to refund the wages to the employer. he who has promised to do work and does not perform it, shall he compelled to do so by forcible means even; and if, through obstinacy, such a servant should still not do it as engaged for, he shall be fined eight Kṛṣṇalas, and his wages shall not he given to him. When a servant commanded by his employer does any improper act for the benefit of his employer, the latter shall be held responsible for it. When a master does not pay wages for the labour stipulated, after the work has been performed, he shall be compelled by the King to pay it, and a proportionate fine besides. A man hired for attendance on milch cows shall receive the whole milk every eighth day.’

 

 

VERSE 8.216

Section XXXVI - Non-Payment of Wages

 

आर्तस्तु कुर्यात् स्वस्थः सन् यथाभाषितमादितः ।
स दीर्घस्यापि कालस्य तत्लभेतेव वेतनम् ॥२१६॥

ārtastu kuryāt svasthaḥ san yathābhāṣitamāditaḥ |
sa dīrghasyāpi kālasya tatlabheteva vetanam ||216||

 

But if he is ill and on recovering, completes the work as originally stipulated, he shall receive his wages for it, even after a long time. — (216)

 

Medhātithi’s commentary (manubhāṣya):

Forfeiture of the wages has been declared to be the penalty for the man when not ill; the present verse lays down the law regarding one who is ill.

If the labourer falls ill and gives up work after it has been half-done, — hut, on recovering, comes hack and completes the task as originally stipulated, — in this case, even though he may have taken a long time to recover from illness and return to work, the man shall, receive his wages, on having completed the work. — (210).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nṛsiṃhaprasāda (Vyavahāra, 24a): — in Kṛtyakalpataru (102a), winch adds the explanation that the man who had stopped the work through some disability — if, on recovery, he comes and completes the stipulated work, then, if it were done after a lapse of time, he should receive his wages.

 

Comparative notes by various authors:

(verses 8.215-217)

See Comparative notes for Verse 8.215.

 

 

VERSE 8.217

Section XXXVI - Non-Payment of Wages

 

यथोक्तमार्तः सुस्थो वा यस्तत् कर्म न कारयेत् ।
न तस्य वेतनं देयमल्पोनस्यापि कर्मणः ॥२१७॥

yathoktamārtaḥ sustho vā yastat karma na kārayet |
na tasya vetanaṃ deyamalponasyāpi karmaṇaḥ ||217||

 

When a man, sick or well, does not get the stipulated work done, he shall not receive hi s wages, — even though the work be only slightly incomplete. — (217)

 

Medhātithi’s commentary (manubhāṣya):

If the employer does not dismiss the man, when he has fallen ill, after having paid off his wages for the part of the work done, — then he should, after recovery, be made to finish the work. But if the employer should say — ‘I have no work for you,’ then he should receive his wages in accordance with the part of the work that he may have done. — (217)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 797), which explains ‘Yathoktam’ as ‘as agreed upon’; — in Mitākṣarā (2.198), to the effect that — ‘if the man, — on recovery, if he has been ill, or even while he is in perfect health’, — does not complete the task of which only a little is left undone, — either himself or through some one else, — then he should not be given any wages at all — and in Kṛtyakalpataru (102a), which explains ‘kārayet’ as ‘gets it done by another person’, and ‘alponasyāpi’ as ‘even though only a very little be wanting in the completion of the work.’

 

Comparative notes by various authors:

(verses 8.215-217)

See Comparative notes for Verse 8.215.

 

 

VERSE 8.218

Section XXXVI - Non-Payment of Wages

 

एष धर्मोऽखिलेनोक्तो वेतनादानकर्मणः ।
अत ऊर्ध्वं प्रवक्ष्यामि धर्मं समयभेदिनाम् ॥२१८॥

eṣa dharmo'khilenokto vetanādānakarmaṇaḥ |
ata ūrdhvaṃ pravakṣyāmi dharmaṃ samayabhedinām ||218||

 

Thus has the entire law bearing upon the action of ‘Non-payment of Wages’ been explained. After this I am going to expound the law relating to Contract-breakers. — (218)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘vetanādānakarmaṇaḥ’ ‘the action of nonpayment of wages,’ only names the particular Head of Dispute; hence there is no room for any such objection as the following — “How is it that the text speaks of having dealt with the action of non-payment of wages, — when the action of payment also has been dealt with?” — Because there is nothing wrong in the naming of a subject in accordance with anything that may he related to it; and every little detail does not necessarily enter into its name, for instance, in the Agni-hotra-rites, even though libations are actually offered to both Agni and Prajāpati, it is called ‘Agnihotra,’ ‘offering to Agni’; and similarly in the case of all such names as ‘Sthūṇā,’ ‘Darśa’ and so forth?

‘Contract’ is agreement, the stipulation or promise, in the form — ‘I shall certainly do such and such a thing, exactly in the manner in which you wish.’ The ‘breakers’ of this are those who go against it.

What is referred to here is what has been mentioned above (under the Heads of Dispute) as ‘Breach of Contract?’

The first half of the verse sums up the foregoing section and the latter introduces the next. — (218)

 

 

VERSE 8.219 [Breach of Contract]

Section XXXVII - Breach of Contract

 

यो ग्रामदेशसङ्घानां कृत्वा सत्येन संविदम् ।
विसंवदेन्नरो लोभात् तं राष्ट्राद् विप्रवासयेत् ॥२१९॥

yo grāmadeśasaṅghānāṃ kṛtvā satyena saṃvidam |
visaṃvadennaro lobhāt taṃ rāṣṭrād vipravāsayet ||219||

 

If a man, after having entered into a compact under oath with a village, a country or a confederation, should break it, through greed, — him the king shall banish from his kingdom. — (219)

 

Medhātithi’s commentary (manubhāṣya):

‘Village’ — is a group of households; and the term here stands for the inhabitants of the village; as it is only among men that there can he a compact. Similarly ‘country’ is a group of villages.

‘Confederation’ — a combination formed by persons professing the same faith or path, even though inhabiting different countries and belonging to different castes. For instance, there is the ‘confederation of mendicants,’ the ‘confederation of traders,’ the ‘confederation of persons learned in the Vedas,’ and so forth.

There are several kinds of business is which inhabitants of villages, etc., make a combination among themselves. For instance — ‘our village is being encroached upon by the inhabitants of another village, — very frequently they graze their cattle on our pasture-lands, — they cut our embankments and carry away water, — if you be all agreed, then we shall prevent their doing all this, — and when we prevent them, it is possible that we may come to blows, or may have to appear before the ‘court; — if we remain combined in all this, then we shall go forward to prevent the encroachment; otherwise we shall let it be.’ On this compact being proposed, men may agree to it, saying — ‘yes; why should the ancient privileges of our village be trespassed by them?’ Now, after having thus entered the compact and encouraged it, if some one were to shirk away and make common cause with the other party, and become lukewarm towards his own neighbours, — such a person should be banished by the king from his kingdom; i.e., he should not be allowed to live there any longer.

Similarly, in regard to the business of tradespeople or Brāhmaṇas and others, when once a man has entered into a compact, he should not break it.

The penalty here laid down pertains to the breach of compacts relating to such work as is of public utility, in due accordance with law and custom, and not detrimental to the interests of the city and kingdom at large.

‘Through greed — ‘greed’ here stands for succumbing to one’s own selfish interests as served by the inhabitants of the rival village.

For cases of such breach, through ignorance, there is another remedy. — (219)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 253), which explains ‘satyena’ as ‘by swearing’; — in ‘Mitākṣarā (2.187), which adds that this applies to cases where the cause of action is slight; — in Vivādaratnākara (p. 182), which adds the following notes: — ‘Grāma’, is well-known; — ‘deśa’ consists of a group of villages, a district; — ‘saṅgha’ is a corporation composed of several persons following one ‘dharma,’ living in different places. It is also quoted in Kṛtyakalpataru (107a); — and in Vīramitrodaya (Vyavahāra, 132a).

 

Comparative notes by various authors:

(verses 8.219-221)

Viṣṇu (5.168). — ‘He who violates the established rule shall be banished.’

Yājñavalkya (2.186-192). — ‘If one misappropriates the property of a corporate body, or breaks the conditions of agreement, the King shall confiscate his entire property and banish him from the kingdom. What is declared by the members of the corporation should be obeyed by all component members; if any of them act contrariwise, he should be fined the first amercement....... This same rule applies to guilds, trading companies, corporations of heretics and other corporate bodies.’

Nārada (10.2-7). — ‘Among heretics, followers of the Veda, guilds, corporations, troops, assemblages and other associations, the King shall maintain their usages and customs — whatever be their laws, their duties, their rules regarding attendance, and the particular inodes of livelihood prescribed for them, that the

King shall approve of. The King shall prevent them from undertaking such acts as would be detrimental to the interests, either of their own associations or of the King himself, or despicable in their very nature. Mixed assemblages, unlawful wearing of arms and mutual attacks among these persons shall not be tolerated by the King. Those who cause dissension among the members of an association, shall undergo punishment of a specially severe kind.’

Bṛhaspati (17.5, 10-16). — ‘A compact formed among villages, companies of artisans, and associations is called an agreement; such an agreement must be observed both in times of distress and for acts of piety. Two, three or five persons shall be appointed as advisers to the association; their advice shall be taken by the villagers, companies, corporations and other fellowships. When a stipulation has been entered in a document in the form, “The construction of a house or a shed, temple...... shall be undertaken by us in proportionate shares,” — that is lawful agreement. Such an agreement must be kept by all. he who fails in his agreement, though able to perform it, shall be punished with confiscation of his entire property and by banishment from the town. For one who has fallen out with his associates, or neglects his duties by them, a fine is ordained, amounting to six Niṣkas of four Suvarṇas each. He who injures the joint stock, or insults a Brāhmaṇa learned in the three Vedas, or breaks the mutual agreement, shall be banished from the town. An acrimonious or malicious person, and one who causes dissension or does violent acts, or who is inimically disposed towards the company, association or the King, shall be banished instantly from the town. Whatever is obtained by one man shall belong to all in common; whether it has been acquired a six-month or a month ago, it shall be divided in due proportion.’

Kātyāyana (Aparārka, pp. 793-795). — ‘One who is addicted to acts of violence, one who sows dissension among the members of the corporation, and one who ruins the property of the corporation, — all these should be extirpated, after being proclaimed as such; — so says Bhṛgu. Whatever has been acquired for the corporation, belongs to all the members in equal shares.’

Kātyāyana (Vivādaratnākara, p. 180). — ‘Whatever laws may have been prescribed for associations, the members thereof shall do all acts according to them, remaining firm in their duties.’

 

 

VERSE 8.220

Section XXXVII - Breach of Contract

 

निगृह्य दापयेच्चैनं समयव्यभिचारिणम् ।
चतुःसुवर्णान् षण्निष्कांश्शतमानं च राजकम् ॥२२०॥

nigṛhya dāpayeccainaṃ samayavyabhicāriṇam |
catuḥsuvarṇān ṣaṇniṣkāṃśśatamānaṃ ca rājakam ||220||

 

Having caught such a breaker of compact, he shall make him pay six ‘niṣkas’ of four ‘suvarṇas’ each, and also one silver ‘śatamāna.’ — (220)

 

Medhātithi’s commentary (manubhāṣya):

‘Having caught him,’ i.e., detected and put him under restraint — tho king should punish him, without giving him any time.

The ‘niṣka of four suvarṇas each’ — is that which is made up of four ‘suvarṇas.’

Though under 8.317, the ‘niṣka’ has been defined as a measure consisting of four ‘suvarṇas,’ yet the qualification is added here in view of other definitions of the ‘niṣka’ found in other Smṛtis — e.g., one of them describes it as consisting of ‘a hundred suvarṇas.’

It might be argued that, in as much as the author himself has applied the name ‘niṣka’ to four ‘suvarṇas’ only, the mere mention of the name in the present text would be enough to show what is meant.

But, since the work is a metrical treatise, the presence of a superfluous epithet cannot be regarded as a defect.

Others have taken the term ‘catuḥsuvarṇa’ as a Bahuvrīhi compound, having the collective force, and hence explained the verse as prescribing three fines; the meaning being that the fine is to consist of ‘four suvarṇas,’ and ‘six niṣkas’; so that ten niṣkas come to be indicated.

But for the purpose of making the compound a Bahuvrīhi, it would be necessary to fasten the sense of possession on to that of association. For mere association with ‘variegated cows’ does not make Devadatta a ‘Citraguḥ’ (which is a Bahuvrīhi compound meaning possessing variegated cows).

If the fines are to be taken as three distinct ones, then the only construction possible is to take the three as constituting a single penalty.

The penalty hero prescribed is alternative to ‘banishment’ (prescribed in the preceding verse). — (220)

 

Explanatory notes by Ganganath Jha:

“According to ‘others’ mentioned by Medhātithi, ‘four Suvarṇas, or six Niṣkas, or one Śatamāna; Kullūka and Rāghavānanda also think it possible that three separate fines may be inflicted according to the circumstances of the case.” — Buhler.

This verse is quoted in Vivādaratnākara (p. 182), which adds the following notes: — ‘Nigṛhya,’ having him hauled up; — ‘catuḥsuvarṇān’ qualifying ‘ṣaṭ niṣkān’ means ‘six of those Niṣkas which consists of 4 Suvarṇas each the epithet ‘catuḥsuvarṇān’ being added for the exclusion of the other two measures of the ‘Niṣkas’ that are found in the Śāstras — viz. (a) ‘the Niṣka consists of 108 Suvarṇas,’ (b) ‘the Niṣka consists of 5 Suvarṇas.’ — ‘Śatamāna’ consists of 320 Raktikās.

It is quoted in Mitākṣarā (2.187), which notes that herein Manu mentions four penalties — (1) Banishment (verse 219), (2) fine of four Suvarṇas, (3) fine of 6 Niṣkas and (4) fine of one Śatamāna; and any one of these may be inflicted in accordance with the peculiar circumstances of each case, such as the caste, the capacity and other things of the persons concerned.

It is quoted in Parāśaramādhava (Vyavahāra, p. 253), which also regards the four as distinct penalties, to be determined according to the caste, learning and other qualifications of the persons concerned; — in Kṛtyakalpataru (107a), which says that ‘Śatamāna’ is equal to 320 Rattis; — and in Vīramitrodaya (Vyavahāra, 132a).

 

Comparative notes by various authors:

(verses 8.219-221)

See Comparative notes for Verse 8.219.

 

 

VERSE 8.221

Section XXXVII - Breach of Contract

 

एतद् दण्डविधिं कुर्याद् धार्मिकः पृथिवीपतिः ।
ग्रामजातिसमूहेषु समयव्यभिचारिणाम् ॥२२१॥

etad daṇḍavidhiṃ kuryād dhārmikaḥ pṛthivīpatiḥ |
grāmajātisamūheṣu samayavyabhicāriṇām ||221||

 

This is the law of punishment which the king shall follow in the case of the breakers of compacts relating to villages and caste-federations. — (221)

 

Medhātithi’s commentary (manubhāṣya):

‘Caste-federations’ — federations of various castes, or of men belonging to the same caste; — those who break compacts relating to these federations.

This verse sums up the section: — (221)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 253); — in Vivādaratnākara (p. 182), which explains ‘Jātisamūha’ as ‘community of several castes’: — in Kṛtyakalpataru (107a); — and in Vīramitrodaya (Vyavahāra, 132a), which adds that the penalty to be imposed in each case is to be determined by considerations of caste, learning and other qualifications of the culprit.

 

Comparative notes by various authors:

(verses 8.219-221)

See Comparative notes for Verse 8.219.

 

 

VERSE 8.222 [Rescission of Sale]

Section XXXVIII - Rescission of Sale

 

क्रीत्वा विक्रीय वा किं चिद् यस्यैहानुशयो भवेत् ।
सोऽन्तर्दशाहात् तद् द्रव्यं दद्याच्चैवाददीत वा ॥२२२॥

krītvā vikrīya vā kiṃ cid yasyaihānuśayo bhavet |
so'ntardaśāhāt tad dravyaṃ dadyāccaivādadīta vā ||222||

 

If, after having bought or sold anything, one should repent of it, he may return or take back that thing within ten days. — (222)

 

Medhātithi’s commentary (manubhāṣya):

In the case of goods whereof buying and soiling are constantly going on, which do not deteriorate, either in quantity or in quality or in price — such, for instance, as vessels of copper, tin and other metals, — whose value remains constant, — if it has not been brought into use, it can be returned or taken hack within ten days.

When such things as fruits and flowers, which cannot last long, have been bought at fairs and such gatherings, the ‘repentance’ should be at the same moment, or on the same day, or the next.

After that, if the purchaser repents — ‘this thing I have bought is of no use to me,’ — then he should return it within ten days. Similarly, if the repentance is on the part of the seller — ‘I have not done well in selling the thing,’ — then the buyer should be made to return it to him.

The period here allowed is for the case of persons inhabiting the same place. In the case of parties belonging to different places, the returning must be done at the very time of the purchase.

Some people hold that the rule here laid down pertains to such goods as cattle, land and the like, and not to clothes and such articles.

In another Smṛti, a different rule has been laid down in regard to the buying and selling. Xārada says as follows: — ‘Having bought a merchandise for a certain price, if one thinks that he has not done well in buying it, he should return it, unharmed, to the seller, on the same day; if he return it on the second day, the buyer should suffer the third part of the price paid; on the third day, he loses the double of the third part, and on the fourth day the thing must remain with the buyer’ — (Nārada 9. 2-3).

Anything that is laid out for sale is called ‘merchandise,’ by selling which the seller gets a price, with which he buys something else, and thus makes a living for himself. Such an article is spread out in the market by the trader. Now from the use of this particular term in the text of Nārada, it is clear that something very special is meant; for, otherwise, the text quoted would mean the same thing as the foregoing text — ‘Having bought a thing at a certain price, etc.’ (Nārada 9.1).

Now the question arises — What is this something special that is meant?

Our answer is as follows: — The rule laid down by Nārada is meant to be applicable to the case where the article, even after being bought, still continues to remain ‘merchandise,’ in the sense that it is laid out for sale by the tradesman who bought it from a fellow-trader only for selling it on his own account — i.e., in cases of mutual transactions among tradesmen themselves; while the rule propounded by Manu is meant to apply to all other cases. Such is the explanation given by some people.

Now, what is the right view on this point?

In each individual case, one should act according to the nature of the article concerned, or according to local usage. Thus it is that we And such practices as the trying of the pace of a horse, the applying of the goad to the elephant, the discussion of the nature of sales effected and so on.

In the text of Nārada quoted above, the term ‘unharmed’ means not spoilt or destroyed. In the case of ‘deposits’ in the shape of cloths and such things, the depositor receives the value of only that part of it which has been spoilt, and the remnant he takes back all right. While in the case of ‘sales’ even the slightest harm makes the buyer liable to pay the whole price. — (222)

 

Explanatory notes by Ganganath Jha:

“According to Medhātithi, Govindarāja and Kullūka, the rule refers to things which are not easily spoilt, such as land, copper etc., not to flowers, fruit and the like; — according to Nārāyaṇa, to grain and seeds.” — Buhler.

This verse is quoted in Mitākṣarā (2.177), which adds that this refers to such things as get spoilt by use, — e.g., houses beds, seats etc; — and not to seeds, metals, beasts of burden, gems, slave-girls, milking animals and slaves, for whom Yājñavalkya prescribes a period of 10, 1, 5, 7, 30, 3 and 15 days respectively. It goes on to add that the provision here made is applicable to only those cases where the commodity was purchased without proper examination; in cases where it has been duly tested and examined before purchase, the transaction cannot be rescinded. — The verse is quoted again on 2.254.

It is quoted in Aparārka (p. 831); — in Vivādaratnākara (p. 190), which adds the following notes: — ‘Anuśayaḥ,’ desire to withdraw, or, as some people hold, repentance; — ‘dadyāt’, should return, — i.e. the buyer to the seller; — ‘ādodīta,’ should take back, i.e., t he seller from the buyer; — this refers to such things as are likely to be spoilt by use, such as houses, fields, conveyances and so forth, — as also seeds; but not metals, beasts of burden and such other tilings.

It is quoted in Smṛtitattva (p. 515), which adds that what is stated here refers to things other than those enumerated by Yājñavalkya (2.177); — in Vyavahāra-Bālambhaṭṭī (p. 947); — in Vivādacintāmaṇi (p. 88); — and in Kṛtyakalpataru (108b).

 

Comparative notes by various authors:

(verses 8.222-223)

Yājñavalkya (2.177). — ‘Grains should be tested within ten days of purchase; metals within a day; beasts of burden within five days: gems, within seven days; female slaves, within a month; milch cattle, within three days; male slaves, within a fortnight, [and the sale may be rescinded within these specified periods].’

Arthaśāstra (p. 91). — ‘Having sold a commodity, if the vendor fails to hand it over he should be fined 12 Paṇas; except when there is some defect in the commodity itself, or when some sudden calamity befalls him, or when the price agreed upon is excessively low, by reason of the vendor being in a distressed state of mind. Merchants may he granted one night for reconsidering their purchase; cultivators, three nights; cattle-tenders, five nights; persons of the mixed and higher castes, seven nights, in the case of the selling of the means of their livelihood. In the case of commodities liable to damage by lapse of time, rescission of sale may he permitted only to such an extent as may not spoil the commodities concerned. After having made a purchase, if the buyer refuses to accept the article, he should be fined 12 Paṇas, except when there are defects in the commodity itself, or when some sudden calamity has befallen him, or when the price agreed upon is excessively high, paid by him on account of the distressed state of his mind. Rescission by the buyer also should be permitted in the same manner as in the case of the vendor.’

Nārada (8.4-9). — ‘If a man sells property for a certain price, and does not hand it over to the purchaser, he shall have to pay its produce, if it is immovable, and the profits arising on it, if it is movable property. If there has been a fall in the market-value of the article in question in the interval, the purchaser shall receive the article itself, and together with it the difference (in point of value). This rule applies to those who are inhabitants of the same place; but to those who travel abroad, the profits arising from dealing in foreign countries shall be made over as well. If the article sold should have been injured, or destroyed by fire, or carried off, the loss shall be charged to the seller, because he did not deliver it immediately after the sale. When a man shows one thing which is faultless but delivers another thing which has a blemish, ho shall be compelled to pay twice its value to the purchaser, and an equal amount as fine to the King. So when a man sells something to one person, and afterwards delivers it to another person, he shall be compelled to pay twice its value to the purchaser and a fine to the King. When a purchaser does not accept an article purchased by himself, which is delivered to him by the vendor, the vendor commits no wrong in selling it to another person.’

Nārada (9.2-6, 16). — ‘When a purchaser, after having purchased an article for a certain price, thinks he has made a foolish bargain, he may return it to the vendor on the same day, in an undamaged condition. When the purchaser returns it on the second day, he shall lose a thirtieth part of the price. He shall lose twice as much on the third day. After that time, the purchaser must keep it. The purchaser shall examine an article before purchasing it, in order to find out its good and bad qualities; that which has been approved by him after close examination, cannot be returned to the vendor. Milch cattle may be examined for three days; beasts of burden, for five days; and in the ease of precious stones, pearls and coral, the period of examination may extend over seven days. Bipeds shall be examined within a fortnight; a female within twice that time; all sorts of grain, within ten days; iron and clothes within a single day...... A merchant who is acquainted with the qualities of the merchandise he deals in must not annul a purchase after having once made it; he ought to know all about the profit and loss on merchandise and its origin.’

Bṛhaspati (18.3-6). — ‘The examiner shall examine the article himself and show it to others; when, after examining and approving it, he has accepted it, he is not at liberty to return it. The foolish man who sells an article, though acquainted with its defects, shall have to pay twice its value to the purchaser and a fine of the same amount to the King. What has been sold by one intoxicated or insane, or at a very low price, or under the impulse of fear, or by one not his own master, or by an idiot, shall be relinquished by the purchaser; or it may be recovered from him by forcible means. Within a certain period, if a defect should be discovered anywhere in the commodity purchased, it shall he returned to the vendor and the purchaser shall recover the price.’

Kātyāyana (Vivādaratnākara, p. 191). — ‘If a man, after having purchased an article, refuses to take it, — or if after taking it, does not return it undamaged, — he shall recover the price paid for it, after paying the tenth part of it to the vendor. This shall he done within ten days of the transaction; after that there can he no rescission of the sale.’

Do. (Do., p. 197). — ‘If a man, after having purchased a milch cattle or such things, — but before actual delivery — returns it undamaged, within time, he should pay to the vendor the tenth part of the price. If he repents it after he has taken delivery, he should pay the sixth part of the price.’

Vyāsa (Vivādaratnākara, p. 198). — ‘Grasses, wood, bricks, threads, grains, wines, liquids, clothes, baser metals and gold, shall he examined at the time of the transaction only.’

 

 

VERSE 8.223

Section XXXVIII - Rescission of Sale

 

परेण तु दशाहस्य न दद्यान्नापि दापयेत् ।
आददानो ददत् चैव राज्ञा दण्ड्यौ शतानि षट् ॥२२३॥

pareṇa tu daśāhasya na dadyānnāpi dāpayet |
ādadāno dadat caiva rājñā daṇḍyau śatāni ṣaṭ ||223||

 

But after ten days, he shall neither return nor take it back; he who takes it back, as well as he who returns it, should be fined by the king six hundred. — (223)

 

Medhātithi’s commentary (manubhāṣya):

After ten days there can be no ‘rescission of the sale.’

If the buyer does repent of the transaction and applies to the king for its rescission, be should be fined six hundred ‘he shall not return it.’ — This prohibition is not put forth with a view to any transcendental result; all that is meant is that such is the established rule, — that after ten days the buyer should not be forced, against his wish, to give up the article, nor should the seller he forced to take it back. So that there is nothing wrong if the returning and taking back are done amicably by mutual understanding. — (223)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.258); — in Aparārka (p. 831); — and in Vivādaratnākara (p. 199), which adds that the fine meant is 100 paṇas; — in Vivādacintāmaṇi (p. 88); — and in Kṛtyakalpataru (108b).

 

Comparative notes by various authors:

(verses 8.222-223)

See Comparative notes for Verse 8.222.

 

 

VERSE 8.224

Section XXXVIII - Rescission of Sale

 

यस्तु दोषवतीं कन्यामनाख्याय प्रयच्छति ।
तस्य कुर्यान्नृपो दण्डं स्वयं षण्णवतिं पणान् ॥२२४॥

yastu doṣavatīṃ kanyāmanākhyāya prayacchati |
tasya kuryānnṛpo daṇḍaṃ svayaṃ ṣaṇṇavatiṃ paṇān ||224||

 

If a man gives a defective damsel, without mentioning the defects, he should be punished by the king himself with a fine of ninety-six ‘paṇas.’ — (221)

 

Medhātithi’s commentary (manubhāṣya):

When a maiden happens to be defective, but she is not described as being so, to the bridegroom, and is given to him without disclosing her defects, — then, on these becoming known, the king shall punish the giver.

The term ‘himself’ is meant to indicate the gravity of the offence.

Such circumstances in connection with the girl as may be detrimental to morality, to progeny, and to capacity in general are to be regarded as her ‘defects’; e.g., such diseases as consumption and the like, loss of virginity and so forth.

The punishment in this case is to be cither what is laid down in the present text, or that prescribed above, under 205. — (221)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in ‘Vyavahāra-Bālambhaṭṭī’ (p. 1019).

 

Comparative notes by various authors:

Yājñavalkya (1.66). — ‘If a man gives a girl in marriage without proclaiming her blemish, he should he lined the highest amercement.’

Nārada (Aparārka, p 95). — (Same as Manu, but reading ‘Purvasāhasachoditam’ for ‘ṣaṇṇavatim paṇān’).

Arthaśāstra (p. 92). — ‘In the case of marriages, for the three higher castes, there can he rescission before the Hand-joining ceremony; for the Śūdra, before intercourse has taken place. Even after the Hand-joining ceremony has been performed, the marriage can be revoked if the girl is discovered to have serious defects; hut marriage can never he revoked after the birth of children. If the father gives away the girl without proclaiming any serious defects that she may have, he should be lined 96 Paṇas, and he should he made to return the fee or the dowry that he may have received for the girl.’

Nārada (12.33). — ‘When a man gives a maiden in marriage who has a secret blemish, without making the blemish known, the King shall visit him with the gravest punishment.’

 

 

VERSE 8.225

Section XXXVIII - Rescission of Sale

 

अकन्येति तु यः कन्यां ब्रूयाद् द्वेषेण मानवः ।
स शतं प्राप्नुयाद् दण्डं तस्या दोषमदर्शयन् ॥२२५॥

akanyeti tu yaḥ kanyāṃ brūyād dveṣeṇa mānavaḥ |
sa śataṃ prāpnuyād daṇḍaṃ tasyā doṣamadarśayan ||225||

 

If a man, through malice, speaks of a maiden as ‘not a virgin’ he should receive the punishment of one hundred, if unable to prove her impurity. — (225)

 

Medhātithi’s commentary (manubhāṣya):

‘Not a virgin’ — i.e., one who has already had sexual intercourse. If a man speaks of a maiden as such, but is unable to prove her guilt, he should he fined one hundred coins.

Others have held the view that, in view of the fact that the penalty prescribed is too small in comparison with the serious nature of the defamation, the text should he taken as referring to the actual utterance of the exact words ‘not a virgin;’ specially as we cannot get over the significance of the particle ‘iti,’ (‘as’); — the sense thus being that the man is to be fined one hundred, only when ho actually defames the maiden as a ‘non-maiden.’

“What difference does this make?”

The explanation is as follows: — When the man defames the maiden as a ‘non-virgin,’ if he is asked — ‘How is she a non-virgin?’ — and he replies — ‘she is immodest, cruel, and prone to using obscene language, — all which is not proper for virgins,’ — hut cannot prove it, then it is that he is to be fined only one hundred, — i.e., when all that he alleges is the absence in the girl of such qualities as should he present in all maidens (and does not accuse her of having actually lost her virginity).

Or, the term ‘virgin’ may he taken as denoting juniority of age; and the meaning of the text explained as follows: — When a man is seeking a certain girl in marriage, if some one should come and tell him behind the back of the girl’s relations — ‘that girl is not a maiden, she is too young — or too old,’ — then the guardian of the girl complains to the king — ‘my girl is extremely handsome and this man is maligning her to the prospective bridegroom, because he is himself desirous of having her’; thereupon if the defamer is proved guilty, — as he is, when he is found to have made the allegations when the girl was actually of the right age, — then he is fined ‘one hundred.’ — (225)

 

Comparative notes by various authors:

Yājñavaklya (1.66). — ‘If the bridegroom relinquishes the bride when she has no defects, he should he punished; and if he falsely accuses her of defects, he should he lined a hundred.’

Viṣṇu (5.47; Aparārka, p. 96). — ‘If one speaks of a blemishless girl as having a blemish, he should be fined the highest amercement..’

Nārada (12.3). — ‘The selection of the bride loses its binding force when a blemish is subsequently discovered in her.’

Do. (12.31). — ‘Let no man calumniate a faultless maiden; neither must one calumniate a faultless suitor. When however, there is an actual defect, it is no offence if they dissolve their mutual agreement.’

Do. (12.34-36). — ‘When a man, from hatred, declares a maiden to have lost her virginity, he shall pay 100 Paṇas as tine, unless he is able to give proofs of her disgrace. When a man, after having plighted his faith to a maiden, abandons her although she is faultless, he shall be fined and made to marry the maiden, even against his will. Affliction with a chronic or hateful disease, deformity, loss of virginity, — these are declared to be the defects of a maiden.’

 

 

VERSE 8.226

Section XXXVIII - Rescission of Sale

 

पाणिग्रहणिका मन्त्राः कन्यास्वेव प्रतिष्ठिताः ।
नाकन्यासु क्व चिन्नॄणां लुप्तधर्मक्रिया हि ताः ॥२२६॥

pāṇigrahaṇikā mantrāḥ kanyāsveva pratiṣṭhitāḥ |
nākanyāsu kva cinnṝṇāṃ luptadharmakriyā hi tāḥ ||226||

 

The marriage-ritual texts are applicable to virgins only, and nowhere among men, to non-virgins; and this because these latter are excluded from religious acts. — (220)

 

Medhātithi’s commentary (manubhāṣya):

‘Pāṇigrahaṇa’ is marriage, the taking of a wife; in connection with the ritual of marriage, there are certain mantra - texts — such as ‘kanyā agnimayakṣata, etc.’ (‘the virgin offered a sacrifice to Agni’) — which indicate that it is virgins alone that can undergo the ceremonies of marriage. In fact, the very injunction of marriage itself says — ‘one should marry a virgin,’ and it is this that is reiterated in the mantra-texts; and the mere fact of the term ‘virgin,’ being found in these mantra-texts could not be regarded as indicative of the restriction of marriage to virgins only; and this for the simple reason that mantra-texts, by their very nature have no injunctive force.

The same idea is further emphasised by means of a negative assertion — ‘and nowhere among men, to non-virgins.’ — That is, in no Vedic text is marriage with a non-virgin found to be mentioned.

‘Excluded from religions acts’ — In as much as such girls would not be entitled to help in the performance of the Agni-hotra and other rites, or in the proper begetting of children, they are not fit for being married.

For this reason, when a man calls a virgin a ‘non-virgin,’ he should be punished with a heavy fine. This is what is meant by the adding of the present verse after what has been said in the preceding one. — (226)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 741), to the effect that the mantric marriage rites are meant only for those girls who are entitled to the name ‘Kanyā’ (virgin), i. e., those whose generative organs have not been ‘penetrated’; — and in Vyavahāra-Bālambhaṭṭī (p. 1019).

 

Comparative notes by various authors:

(verses 8.226-227)

Vaśiṣṭha (Vīramitrodaya-Saṃskāra, p. 741). — ‘On the completion of the ceremony of Joining Hands, the maiden is married only in mantras; even after that, until she has had intercourse, she may be married again.’

Smṛti (Do., p. 585). — ‘The maiden becomes separated from her gotra on marriage, on the completion of the Seventh Step.’

 

 

VERSE 8.227

Section XXXVIII - Rescission of Sale

 

पाणिग्रहणिका मन्त्रा नियतं दारलक्षणम् ।
तेषां निष्ठा तु विज्ञेया विद्वद्भिः सप्तमे पदे ॥२२७॥

pāṇigrahaṇikā mantrā niyataṃ dāralakṣaṇam |
teṣāṃ niṣṭhā tu vijñeyā vidvadbhiḥ saptame pade ||227||

 

The marriage -texts are clearly conducive to ‘wife-hood’; and these are to be recognised by the learned as completed at the ‘seventh-step.’ — (227)

 

Medhātithi’s commentary (manubhāṣya):

‘Wife’ is consort; and ‘wife-hood’ is brought about by the mantras, — which are thus ‘conducive to’ it. That is, the sacramental rite called ‘marriage’ is accomplished by the use of these mantras, in the case of the twice-born castes; it is not so in the case of the śūdra, in whose case no mantras are used; though, barring the mantras, all the rest of the procedure is the same. It is in this sense that the mantras are indicative of the sacramental rite of ‘marriage.’

Of these ‘mantras,’ the completion, end, is to be ‘recognised,’ — ‘at the seventh-step.’ After the ‘offering of fried grains,’ the bride is made to go round the fire thrice and then move forward seven steps, the words addressed to her beginning with the words ‘ekapadī bhava’ and ending with ‘saptapadī bhava,’ and when the ‘seventh step’ has been thus taken by the bride, there can be no revoking, either on the part of the bride’s father or on that of the bridegroom. So that even though she be insane, she has to betaken as ‘wife,’ and cannot be abandoned.

There can be no such ‘marriage’ of a girl, who has already had sexual intercourse; and in her case even though the entire procedure, up to the ‘offering of fried grains’ may have been gone through, she does not become a ‘wife.’ So that in this case, a revoking of the bargain is possible, just as in the case of any other commodity. Just as the performance of the rites of ‘fire-laying,’ if done by a Śūdra, cannot make the fire ‘āhavanīya’ (sacrificial), — or as the performance of the fire-offerings and other details of the marriage-rite does not make it a regular ‘marriage,’ if the bride happens to bn within ‘sapiṇḍa-relationship’ to the bride-groom. In fact these cases are regarded as transgressions, as is clearly indicated by the following declaration of Vaśiṣṭha: — ‘By reason of having gone through the rites the man becomes liable to expiation and the bride becomes unfit for being married to any one else.’

“If a man, after having married a girl suffering from a disease conducive to sterility, does not abandon her, what would be the remedy?”

If he has the wish and the capacity, he shall marry another girl; just as in the case of one who has a sharp-tongued wife and whom ‘he shall give up at once’ (Manu, 9.81).

In a case where, after she has given birth to a son and the man has set up the lire, the wife happens to be attacked by some wasting disease, — the husband shall not have her superseded; specially as the circumstances under which supersession is permissible have been strictly enumerated (9.77-85). Even then, if some one were to take to another wife, by reason of the unchaste character of his former wife, we could not prevent him.

In brief then, the rule relating to girls is that, — even though in the case of ether commodities, there is rescission, by mutual understanding, even after ten days, — there can be no such revoking in the case of girls who have been married. Even in cases where girls are given in return for prices paid, they are to be treated as other commodity only until marriage has been performed. While in the case of one who is given away in a purely religious spirit, there can be no revoking at all; so say the texts. Though in such cases also, there is revocation, — as declared by Yājñavalkya (I.65) ‘Even though she has been betrothed, the girl may be taken back if a better bridegroom present himself,’ — but only till the ‘seventh step’ has been taken. Once the ‘seventh step’ has been taken, the gift cannot be rescinded; and hence there is no revoking in this case; just as there is none in the case of such gifts as the cow and the like. When once a cow has been given to a person, the gift cannot he returned and taken back, oven by mutual understanding; because the act of giving has been already accomplished at the time that the gift was made. So that when once the gift has been accepted, if it were given again to the original giver, — then this would only he an entirely different act of gift, and not the revoking of the former gift. Similarly in the case where both the bride and the bridegroom are possessed of the requisite qualifications, there can be no rescission (of the betrothal), even before the marriage has been performed. While after the marriage has been performed, there can be no abandonment of even a defective bride. Though if she happens to be one who has already had intercourse, and is therefore not a ‘maiden’ at all, — she may be abandoned; since marriage is enjoined as to be done with a ‘maiden.’ Marriage stands on the same footing as using; and just as the cloth that has been used and worn cannot be returned to the seller oven within ten days, so the maiden also who has been married cannot be abandoned.

This subject we shall deal with again under 9.47. — (227)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 585), to the effect that ‘marriage’ is accomplished on the reaching of the seventh step; — and again at p. 836, to the effect that the taking of the ‘seven steps’ is absolutely essential.

It is quoted in Smṛtitattva (p. 893), to the effect that the taking of the seven steps constitutes an essential factor in the sanctificatory rite of marriage; — again in Smṛtitattva (II, p. 107), to the same effect; — again at p. 130, where the following notes are added — ‘niṣṭhā,’ means completion, of ‘wife-hood,’ — ‘saptame pāde,’ i.e., on the seven steps being reached by the girl; — in Vyavahāra-Bālambhaṭṭī (p. 529); — in Smṛticandrikā (Saṃskāra, p. 222); — and in Hāralatā (p. 52) which has the following notes: — ‘Niyatam’, i.e., bringing about wife-hood, all the other details being mere accessories.

 

Comparative notes by various authors:

(verses 8.226-227)

See Comparative notes for Verse 8.226.

 

 

VERSE 8.228

Section XXXVIII - Rescission of Sale

 

यस्मिन् यस्मिन् कृते कार्ये यस्येहानुशयो भवेत् ।
तमनेन विधानेन धर्म्ये पथि निवेशयेत् ॥२२८॥

yasmin yasmin kṛte kārye yasyehānuśayo bhavet |
tamanena vidhānena dharmye pathi niveśayet ||228||

 

Whenever any person should have repentance in regard to any compact that has been entered into — the king shall bring him to the righteous path, in the manner just described. — (228)

 

Medhātithi’s commentary (manubhāṣya):

The law relating to rescission within ten days is not restricted to transactions among tradesmen; it is applicable also to compacts relating to wages, interest and other kinds of transaction. The repetition of the pronoun in the phrase ‘yasmin yasmin’ indicates that all kinds of transaction are meant to be included.

This is an example of ‘extended application.’

When a compact has been entered into, and the work agreed upon has been commenced, then it is that repentance sets in. When a compact has been entered into verbally, the parties should therefore wait for ten days, to see if there is repentance on either side.

In a case however where after money has been borrowed on interest, or a priest has been appointed, and the wages have been paid, — if a quarrel arises in regard to the terms of the compact, — then this case does not come within the rule here laid down; — so say some people; on the ground that what has been done cannot be undone.

This however is not right. It is only when a work has been completed that it is regarded as ‘done,’ — and not only when it has been begun; because the past-participial affix in the term ‘done’ does not connote commencement (but accomplishment), and there is no ground for rejecting its primary connotation. As for the argument that ‘what has been done cannot be undone’; — as a matter of fact, even when an act has been done, if there is any obstruction in the way of the due appearance of its effects, it is regarded to be as good as ‘undone.’ For instance, when the food that has been eaten is thrown out.

Even in the case of ordinary things of the world, when they are found to be amenable to the rules laid down in the scriptures, promulgation or revocation must proceed on these same scriptural lines. Hence even though the things may have become accomplished, there may be revocation. Consequently, even after a money-transaction has been completed and the money has been taken home by the borrower, it shall be brought back, if either party shows signs of repentance. If there has been any deterioration or expenditure, these shall he borne by the party concerned, in accordance with the law laid down in the scriptures. It is for this reason that some people hold that by merely receiving the loan, the borrower becomes liable to a month’s interest.

In cases of mortgage also — when things are mortgaged on the understanding that they shall he used for a stipulated time, — tho transaction is revoked if there is repentance within ten days. As regards the appointment of priests, it is like the marriage of girls. There can be revocation after ten days only when there had been a compact; but only if there is another scriptural text bearing on this subject. — (228)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 191), which adds the following notes: — ‘Yasmin yasmin’, the repetition of this general pronoun implies that even in transactions other than sales, — such as loan and so forth, — if there is ‘desire to withdraw’ or ‘repentance’, the same rules are to be followed as those laid down in connection with the Rescission of Sales, — such as returning, receiving back, fine of 600 paṇas and so forth, in accordance with the circumstances of each case; ‘anena,’ i.e., by the method Laid down in connection with the Rescission of Sales and Purchases; — in Vivādacintāmaṇi (p. 88); — and in Kṛtyakalpataru (108b).

 

 

VERSE 8.229 [Disputes between Owner and Keeper]

Section XXXIX - Disputes between Owner and Keeper

 

पशुषु स्वामिनां चैव पालानां च व्यतिक्रमे ।
विवादं सम्प्रवक्ष्यामि यथावद् धर्मतत्त्वतः ॥२२९॥

paśuṣu svāmināṃ caiva pālānāṃ ca vyatikrame |
vivādaṃ sampravakṣyāmi yathāvad dharmatattvataḥ ||229||

 

I am going to expound fully the true law relating to disputes between owners and keepers arising from transgressions regarding cattle. — (229)

 

Medhātithi’s commentary (manubhāṣya):

In regard to ‘cattle’ — such as cows and the like — there may be some ‘transgressions’; and from those may arise ‘disputes between their owners and keepers’; — the owner saying — ‘you have destroyed my cow, give her to me’; — on which the keeper retorts — ‘There was no neglect on my part.’ The ‘true law’ — the established rule — that governs such disputes — that ‘I am going to describe fully.’

This summing up of the sense of the entire section is put forth for the purpose of securing the attention of the audience. — (229)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 170), which adds that ‘paśuṣu’ stands for such cattle as form the subject-matter of dispute; — in Parāśaramādhava, (Vyavahāra, p. 262), which explains ‘vivādam’ as method of settling the dispute; — and in Kṛtyakalpataru (104 b).

 

Comparative notes by various authors:

(verses 8.229-230)

Viṣṇu (5.137-138). — ‘Cattle being attacked, during daytime, by wolves or other ferocious animals, and the keeper not going to repel the attack, the blame shall fall upon him; — and he shall make good to the owner the value of the cattle that may have perished.’

Yājñavalkya (2.164). — ‘The cowherd shall deliver, in the evening, the cattle exactly as they had been made over to him; if any cattle dies or becomes lost through his negligence, the hired cowherd should be made to replace them.’

Nārada (6.11-13). — ‘Those cows which a cowherd takes to the pasture every day when the night is over, he shall bring back again in the evening, after they have eaten and drunk. If such a cow meets with an accident, he shall struggle to save her as best he may; if he is unable to rescue her, he shall go quickly to announce it to his master. Should he neither struggle to save her, nor raise a cry, nor announce it to his master, the cowherd shall make good the value of the cow to the owner, and must pay a fine to the King.’

Bṛhaspati (16.20). — ‘A cowherd saves cattle from danger of reptiles, robbers and tigers, and from caverns or pits; let him try his best to protect them, call out for help, and give notice to his master.’

 

 

VERSE 8.230

Section XXXIX - Disputes between Owner and Keeper

 

दिवा वक्तव्यता पाले रात्रौ स्वामिनि तद्गृहे ।
योगक्षेमेऽन्यथा चेत् तु पालो वक्तव्यतामियात् ॥२३०॥

divā vaktavyatā pāle rātrau svāmini tadgṛhe |
yogakṣeme'nyathā cet tu pālo vaktavyatāmiyāt ||230||

 

Responsibility for the safe keeping during the day rests with the keeper, and during the night, with the owner, ip in his own house; if otherwise, the keeper should be responsible. — (230)

 

Medhātithi’s commentary (manubhāṣya):

If there arises any neglect regarding the safe keeping of the cattle, ‘during the day,’ — such as those going to be described under 232, — ‘the responsibility’ — blame — ‘rests with the keeper’; and he has to bear the blame

‘During the night,’ the blame lies with the owner, — if the animals die while tied up; — ‘if in his house,’ — if they have been safely penned in the house by the keeper.

‘If otherwise,’ — i.e., if they have not been brought into the house during the night, and have been kept in the pastures, — the blame lies with the keeper.

The meaning is as follows: — During the time that the cattle are under the charge of the keeper, if they graze in the cultivated field of a man, or if they are killed, — the fault lies with the keeper; but if anything happens after they have been made over to the owner, then it lies with this latter.

As the blame is in connection with non-safety, the term ‘yoga-kṣema,’ ‘safety,’ should be taken as figuratively indicating its opposite; just as the epithet ‘beautiful-eyed’ is applied to a blind man. — (230)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara, (p. 171) which says: — If there is anything remiss in the safety of the cows during the day, the ‘vaktavyatā,’ responsibility, blame, lies on the keeper; if it is at night, then on the owner; — but if the ‘yogakṣemam’ (which is its reading for ‘yogakṣeme,’ i.e.,) the agreement between the keeper and the owner, is ‘otherwise,’ then during the night also, the keeper is responsible.’

It is quoted in Aparārka (p. 772), which explains ‘vaktavyatā’ as fault or blame; — and in Smṛtitattva (p. 530), which quotes Kullūka, who explains the second half as meaning that ‘if during the night also the cattle are in charge of the keeper, then if there is any thing wrong, the blame lies on the keeper’; — and in Vivādacintāmaṇi, (p. 81).

 

Comparative notes by various authors:

(verses 8.229-230)

See Comparative notes for Verse 8.229.

 

 

VERSE 8.231

Section XXXIX - Disputes between Owner and Keeper

 

गोपः क्षीरभृतो यस्तु स दुह्याद् दशतो वराम् ।
गोस्वाम्यनुमते भृत्यः सा स्यात् पालेऽभृते भृतिः ॥२३१॥

gopaḥ kṣīrabhṛto yastu sa duhyād daśato varām |
gosvāmyanumate bhṛtyaḥ sā syāt pāle'bhṛte bhṛtiḥ ||231||

 

If the hired cattle-keeper is one paid with milk, he shall, with the owner’s permission, milk the best out of ten; this shall be the ‘wages’ of the keeper, if he receives no other wages. — (231)

 

Medhātithi’s commentary (manubhāṣya):

The author is going to describe the details regarding the ‘safe keeping’ (mentioned in the preceding verse).

One who ‘keeps’ the ‘cattle’ is the ‘cattle-keeper,’ the herdsman. Sometimes he is engaged on fooding and other kinds of wages, and sometimes on milk. Of these he who is ‘paid with milk shall milk the best — varām — out of ten’; — or the ‘worst,’ ‘avarām,’ — the initial ‘a’ being mixed up with the preceding vowel.

The wages are to be commensurate with the labour involved in the keeping. If the man receives nothing else, — in the shape of subsistence, — he shall take the milk of one cow. The exact wages, more or less, of the man shall be determined according to this rate. Thus for the work of looking after milch and non-milch cows, heifers, bulls and calves, the owner shall apportion to the keeper sometimes the third, and sometimes the fourth, part of the entire milk-produce.

This verse is meant only to alîord some indication of the subject. In fact in each individual case, local custom has got to be followed.

If the herdsman of the village omits to look after the eattle, with the idea of having his wages fixed beforehand, then he shall not. milk one of the ten cows, without having obtained the owner’s permission.

‘With the owner’s permission’; — this has been added for the purpose of precluding the possibility of the keeper taking the milk in lieu of the ‘fooding’ on which he has been engaged. The meaning is that if he milks the cow without the owner’s permission, he shall he punished.

‘This’ — i.e., what has been just mentioned — ‘shall be the wages if he receive no other wages’; i.e., this shall be the wages of the keeper engaged ‘on milk.’

‘Hired’ — i.e., he who takes up the work of keeping the cattle for the purpose of making a living, and not for acquiring spiritual merit.

Or, the meaning of the verse may he that “if the man, entirely out of his own wish, takes the milk of every tenth cow, he shall he regarded as a thief; but if he has obtained the owner’s permission, then it becomes his due ‘wages,’ and there is nothing wrong.”

“But in the case mentioned in the verse also, if the man took the milk without the owner’s permission, he would be doing something wrong.”

True; but in this case he would be only liable to punishment, and he would not be a ‘thief’; while in the other case he would be either a ‘thief’ or a ‘misappropriator of a trust.’

This verse should have gone before; some people read it later on. — (231)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 170), which adds the following notes: — ‘Kṣīrabhṛtaḥ’, whose wages consist of milk only; — ‘duḥyad daśato varām,’ he should milk that cow (for himself) which is the best among ten cows; — ‘sā,’ the said milk of the one cow; — ‘pāle’, for the cowherd; — ‘abhṛte,’ who is not paid any thing else in the shape of fooding, clothing, and so forth.

This is quoted in Aparārka, (p. 772) winch adds the following explanation: — That keeper of the cattle who has his wages paid in milk, shall, with the owner’s permission, milk the best cow among ten milch cows, taking that for himself, — this being the ‘wage’ of the cattle-keeper who does not receive wages in any other form; — in Vivādacintāmaṇi (p. 80), which explains ‘Kṣīrabhṛtaḥ’ as ‘one whose wages are paid in the form of milk only’; — he shall milk the best of ten cows; — ‘abhṛte’, the keeper who gets no fooding and clothing, — and notes that this refers to the keeper of milch-cattle only: — in Kṛtyakalpataru (104b), which explains ‘Ksīrabhṛtaḥ’ as ‘one whose wages consist of milk only; he shall milk for himself that cow which may be the best among ten cows — but only once’; — ‘abhṛte’ one who receives no food or clothing; — and in Vīramitrodaya (Vyavahāra, 136b), which says that the milk of the best among ten cows is to be taken by the cowherd only when he receives nothing else as wages.

 

Comparative notes by various authors:

Viṣṇu (5.139). — ‘If the cowherd milks a cow without permission, he shall pay twenty-five Kārṣāpaṇas as a line.’

Nārada (6.10). — ‘For tending a hundred cows, a heifer shall be given to the cowherd as his wages every year; for tending two hundred cows, a milch cow, and he shall be allowed to milk all the cows every eighth day.’

Bṛhaspati (16.19). — ‘A man hired for attendance on the wild cows of another person shall receive the whole milk every eighth day.’

 

 

VERSE 8.232

Section XXXIX - Disputes between Owner and Keeper

 

नष्टं विनष्टं कृमिभिः श्वहतं विषमे मृतम् ।
हीनं पुरुषकारेण प्रदद्यात् पाल एव तु ॥२३२॥

naṣṭaṃ vinaṣṭaṃ kṛmibhiḥ śvahataṃ viṣame mṛtam |
hīnaṃ puruṣakāreṇa pradadyāt pāla eva tu ||232||

 

The keeper alone should make good what has strayed, or been destroyed by worms, or killed by dogs, or has perished in an unsafe place, — if it was left without human aid. — (232)

 

Medhātithi’s commentary (manubhāṣya):

‘Strayed’ — the cattle that has disappeared from sight, and one does not know where it has gone to.

‘Destroyed by worms’; — Worms called ‘ārśaka’ enter through the genital organs of the cow and kill it.

‘Killed by dogs’; — this is mentioned only by way of illustration; so that the same rule applies to the case of cattle being killed by jackals, tigers and other wild animals.

‘In an unsafe place’; — such as holes, pits, stony places and so forth.

All this ‘the keeper shall make good.’ — ‘if it has been left without human aid.’ — The ‘human aid’ in such cases would consist in remaining near the cattle and lighting the stick for keeping away wolves and other animals; and when they are left without all this care. In a case where the man, himself on the point of death, is unable to scare away the tiger — or where if the cattle, running fast, happen to fall into a pit, from which it could not be turned back by the keeper, even when he would be following it, — no fault can lie with the keeper. — (232)

 

Explanatory notes by Ganganath Jha:

‘Kṛmibhiḥ’ — ‘A special kind of worm called Ārohakas’ (Medhātithi) ‘snakes and so forth’ (Rāghavānanda).

This verse is quoted in Aparārka (p. 773), which adds that the keeper is to make good the loss by paying the price of the animal lost; — and that ‘nāśa’ of the animal here meant is its being not found, lost; — in Mitākṣarā (2.164), as describing the loss of cattle through carelessness; — in Vivādaratnākara (p. 173), which adds the following notes: — ‘Naṣṭam,’ stolen; — ‘vinaṣṭam,’ destroyed — by whom? — ‘by worms’; — the ‘dog’ stands for other animals also; — ‘viṣame,’ place difficult of access; such as the hill-top and so forth; — ‘puruṣakāreṇa,’ care and means of rescue adopted by the keeper; — in Vivādacintāmaṇi (p. 81), which has the following notes: — ‘Naṣṭam’ stolen by thieves and others, — i.e., what became lost for want proper care on the part of the keeper, — this negligence being the reason why the man should be made to make good the loss; — in Kṛtyakalpataru (105a), which says that ‘śva’ in ‘śvahatam’ stands for carnivorous animals in general; — and in Vīramitrodaya (Vyavahāra, 1362), which explains ‘viṣame’ as ‘in an inaccessible place,’ and ‘hīnaṃ puruṣakāreṇa’ as ‘what has been destroyed for want of that care which was possible for man to give.’

 

Comparative notes by various authors:

Viṣṇu (5.138). — ‘The cowherd shall make good to the owner the value of the cattle that may have perished.’

Yājñavalkya (2.165). — ‘If a cattle is destroyed through the fault of the cowherd, he shall be fined 13½ Paṇas and made to make good the value of the cattle to the owner.’

Nārada (6.13-15). — ‘Should the cowherd neither struggle to save the cow, nor raise a cry, nor announce it to his master, he must make good the value of the cow to the owner, and pay a fine to the King. The cowherd shall make good the value of the cow that has strayed, or been destroyed by worms, or slain by dogs, or met her death by tumbling into a pit, — if he did not duly exert himself to prevent such accidents.’

Brahmapurāṇa (Vivādaratnākara, p. 171). — ‘If a cowherd who has received wages leaves the cattle in the desolate forest and roams about in the village, he should be beaten by the King. If a cow under the charge of a cowherd dies through his fault, he should be punished and made to pay a fee to the owner of the cow. If however the cow dies at the house of the owner, through disease or such causes, the owner should he punished and made to pay the wages of the cowherd.’

Āpastamba (2.28.6). — ‘If a herdsman who has taken cattle under his care, allows them to perish, or loses them through his negligence, he shall make them good to the owners.’

 

 

VERSE 8.233

Section XXXIX - Disputes between Owner and Keeper

 

विघुष्य तु हृतं चौरैर्न पालो दातुमर्हति ।
यदि देशे च काले च स्वामिनः स्वस्य शंसति ॥२३३॥

vighuṣya tu hṛtaṃ caurairna pālo dātumarhati |
yadi deśe ca kāle ca svāminaḥ svasya śaṃsati ||233||

 

But the keeper shall not have to make good what has been taken away by thieves openly, — if he informs his own master of it at the proper place and time. — (233)

 

Medhātithi’s commentary (manubhāṣya):

But the keeper shall not have to make good what has been taken away by thieves openly, — if he informs his own master of it at the proper place and time.

‘Openly’ — publicly, with beat of drums; — when the cattle is thus taken away by thieves, the keeper is not made to pay for it. The term ‘openly’ is meant to indicate the helplessness of the keeper; the sense being that in a case where there are a large number of thieves, and they have taken away the cattle by force, — the keeper is let off; specially if he ‘at the proper time — i.e., immediately — informs the master, — ‘at the proper place’ — i.e., wherever the master may happen to be.

“But how could the man know whether the master was on the spot or at his house?”

There is no force in this; even in a case where the master is not on the spot, some substitute of his is bound to be there, who would inform the king or his officer and would have the thieves pursued.

‘His own’; — this has been added for the purpose of precluding the possibility of the information being given directly to the king. The keeper’s own master could make every effort to recover his property — on being informed by the keeper; — not so the king; — and further, it would be extremely difficult for the keeper to convey any information to the king directly.

If the keeper gives the information after the thieves have gone away after taking the cattle, — the blame would lie with him. — (233)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 772), which explains ‘Kilviṣī’ (its reading being ‘na pālastatra kilviṣī,’ for ‘na pālo dādumarhati’) as ‘blame-worthy’; — in Mitākṣarā (2.164) to the effect that the keeper should not be made to pay to the owner the value of such cattle as are carried away by thieves ‘by force,’ i.e., openly, by beat of drums and so forth; — provided that he reports it to the owner at the same time and places (this latter being added in Bālambhatṭṭī as explaining the latter half of the verse); — in Vivādacintāmaṇi, (p. 81) which explains ‘deśe’ as ‘place where a search could be made;’ — and in Kṛtyakalpataru, (105a); — and in Vīramitrodaya (Vyavahāra, 137a), which explains ‘vighuṣya’ as ‘with a flourish of the trumpet’ and so forth, — ‘deśe’ as at ‘the place where the master lives’, — and kāle as ‘immediately after the robbery’.

 

Comparative notes by various authors:

Nārada. — (6.12, 16). — ‘If a cow under the cowherd’s charge meets with am accident, he shall struggle to save her as best he may. If he is unable to rescue her, he shall hasten to announce the fact to his master. For an animal seized by robbers, though he raised a cry, the cowherd shall not be made to pay; provided he gives notice to his master at the proper time and place.’

Vyāsa (Vivādaratnākara, p. 172). — ‘If a cattle perishes or is taken away, when the cowherd has been captured, or during an attack on the village, or during anarchy, — the cowherd shall not he held to blame.’

 

 

VERSE 8.234

Section XXXIX - Disputes between Owner and Keeper

 

कर्णौ चर्म च वालांश्च बस्तिं स्नायुं च रोचनाम् ।
पशुषु स्वामिनां दद्यान् मृतेष्वङ्कानि दर्शयेत् ॥२३४॥

karṇau carma ca vālāṃśca bastiṃ snāyuṃ ca rocanām |
paśuṣu svāmināṃ dadyān mṛteṣvaṅkāni darśayet ||234||

 

On the death of the animals, he shall make over to the owner their ears, skin, tail-hairs, bladder and tendons and the concrete bile, and also point out their marks. — (231)

 

Medhātithi’s commentary (manubhāṣya):

When, on the expiry of their lives, the animals have died, the ears and other limbs should be made over to the owner.

The ‘concrete bile’ is a powder obtained from the horns of cows.

‘Bladder’ — is a particular part of the body.

‘Marks’ — such as ‘cleft ears’ and the like, which serve to distinguish the animals; — these should be pointed out.

In this manner, does the keeper become absolved from blame.

By seeing the marks the particular animal becomes identified. — (234)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.164), to the effect, that if the cattle placed in charge of a keeper should die by chance, then he should make over its ear and other things to the owner; — where Bālambhaṭṭī adds the following notes: — ‘Charma’, skin; — ‘bālān’, hairs, as indicating the death of the animal; — ‘basti,’ a part of the urinary organ; — ‘snāyu’ is fat; — ‘pūyāni’ is another reading; — ‘rocanā’, the yellow pigment in the cow’s eyes; — all these should be shown to the owner of the cattle; — when these die; and other parts of its body also should be brought up; such as the horns, hoofs and so forth, which would indicate the particular animal that may have died. If we read ‘Aṅkāṃśca,’ it would mean the marks made on the body of the animal should be shown; in the reading ‘aṅkāni’ or ‘aṅgāni,’ the meaning would be that while showing the marks, he should hand over the ears &c.

It is quoted in Vivādaratnākara (p. 175), which notes that all that is meant by mentioning the ‘ears’ &c. is that the distinguishing features of the dead animal should be shown. It explains ‘mṛteṣu’ as ‘in the case of those dying at a distance’, and ‘aṅgāni’ as such comparatively lasting parts of the body as the horns and so forth. It notes that ‘aṅgādi’ is another reading for ‘aṅgāni’, in which case ‘ādi’ stands for such other signs of this animal as may be well known.

It is quoted in Parāśaramādhava (Vyavahāra, p. 265), as laying down that in the case of animals dying by chance, its ear &c. should be shown to the owner; — in Vyavahāramayūkha (p. 96), as laying down sure evidence of the death of cattle; it explains ‘aṅka’ as the horn and so forth, ‘as explained by Madana’; — and in Vīramitrodaya (Vyavahāra, 137a), which notes the readings ‘aṅgādi’, ‘aṅgāni’ and ‘aṅkādi’, — it explains ‘aṅka’ as ‘such marks of recognition as the horn, the ears and so forth’, — and adds that ‘ādi’ is meant to include witnesses.

 

Comparative notes by various authors:

Nārada (6.17). — ‘In the ease of the death of an animal entrusted to his care, the herdsman is free from blame, if he can produce the tail, the horns and other things.’

 

 

VERSE 8.235

Section XXXIX - Disputes between Owner and Keeper

 

अजाविके तु संरुद्धे वृकैः पाले त्वनायति ।
यां प्रसह्य वृको हन्यात् पाले तत् किल्बिषं भवेत् ॥२३५॥

ajāvike tu saṃruddhe vṛkaiḥ pāle tvanāyati |
yāṃ prasahya vṛko hanyāt pāle tat kilbiṣaṃ bhavet ||235||

 

When goats and sheep have been surrounded by wolves, and the keeper does not come for ward, — if the wolf forcibly kill any, the blame shall lie with the keeper. — (235)

 

Medhātithi’s commentary (manubhāṣya):

‘Goats and Sheep,’ — ‘Sheep’ also includes the wild goat.

When these have been ‘surrounded by wolves’ — jackals and the rest — and they are not killed outright at the very first onset, — so that there is time to come forward and rescue the animals, — and yet ‘the keeper does not come forward’ — to rescue them; under such circumstances, if the wolf should ‘forcibly kill any,’ — the blame lies with the keeper. That is, he should he made to make it good to the owner, and also perform an expiatory rite.

Cows are large animals, and hence cannot he ‘surrounded’ by jackals, etc.; hence the present verse has specified ‘goals and sheep’; it does not follow that the rule applies to these animals only; so that this same rule applies to the case of young calves also. — (235)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 773): — in Vivādaratnākara (p. 175), which notes that ‘goats and sheep’ stand for all such animals as are liable to be attacked by wolves; and explains ‘Samruddhe’ as attacked; — in Parāśaramādhava (Vyavahāra, p. 265), which adds the following notes: — ‘Anāyati’, not coming to ward off the attack, — ‘yām’, animal belonging to the category of ‘goats and sheep — this pertains to cases where the attack takes place in easily accessible places; in the case of its coming in a place which is inaccessible, no blame attaches to the keeper; — in Kṛtyakalpataru (105b); — and in Vīramitrodaya (Vyavahāra, 137a), which explains ‘anāyati’ as ‘if he does not come to avert the danger.’

 

Comparative notes by various authors:

Narada (6.15). — ‘If goats and sheep are surrounded by wolves, and the herdsman does not come to their assistance, he shall he responsible for any animal that the wolf attacks or kills.’

Viṣṇu (5.137-138). — ‘Cattle being attacked, during daytime, by wolves or other ferocious animals, and the keeper not going to repel the attack, the blame shall fall upon him; and he shall make good to the owner the value of the cattle that has perished.’

 

VERSE 8.236

Section XXXIX - Disputes between Owner and Keeper

 

तासां चेदवरुद्धानां चरन्तीनां मिथो वने ।
यामुत्प्लुत्य वृको हन्यान्न पालस्तत्र किल्बिषी ॥२३६॥

tāsāṃ cedavaruddhānāṃ carantīnāṃ mitho vane |
yāmutplutya vṛko hanyānna pālastatra kilbiṣī ||236||

 

When however, they are grazing together in the forest, duly protected, — if a wolf pounces upon one and kills it, — the keeper is not to blame. — (236)

 

Medhātithi’s commentary (manubhāṣya):

In the preceding verse the dual number in ‘ajāvike’ (‘goats and sheep’) is based upon the fact that two kinds of animals are meant; though in reality, being a copulative compound of the names of ‘animals,’ it should have taken the singular ending. In the present verse we have the feminine plural, in consideration of the individual animals concerned.

‘Duty protected,’ ‘together’; — kept together, flocked in one place; having their movements hitherto duly checked; — while grazing in the forest, before the eyes of the keeper; — if a wolf should suddenly emerge out of a thicket and pounce upon and kill one of them; — in this case the keeper is not to be blamed. Because it is absolutely impossible for a man to shut out every little opening in the forest, consisting as it does of endless trees and thickets and creepers; and wolves are always on the lookout for such openings.

The addition of the term ‘together’ shows that if they are allowed to roam about long distances, then if any is killed, the blame does lie with the keeper. The animals are in the hands of the keeper; so that if they come to harm through his carelessness, it should be made good by the keeper himself. It is for the purpose of making this simple fact easily understood that the author has had recourse to these detailed assertions. — (236)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 175), which explains ‘mithaḥ’ as ‘herded together’, — ‘tatra’ i.e., on the death of the cow; — in Parāśaramādhava (Vyavahāra, p. 265), which explains ‘avaruddhānām’ as ‘herded together by the keeper’ and in Aparārka (p. 773).

 

 

VERSE 8.237

Section XXXIX - Disputes between Owner and Keeper

 

धनुःशतं परीहारो ग्रामस्य स्यात् समन्ततः ।
शम्यापातास्त्रयो वाऽपि त्रिगुणो नगरस्य तु ॥२३७॥

dhanuḥśataṃ parīhāro grāmasya syāt samantataḥ |
śamyāpātāstrayo vā'pi triguṇo nagarasya tu ||237||

 

Around the village there should be a pasture-ground, four hundred ‘bows’ or three ‘stick-throws’ (in width); but three times that space around the town. — (237)

 

Medhātithi’s commentary (manubhāṣya):

the ‘bow’ is four cubits in length; four hundred such ‘bows.’

‘Around’ — on the four sides, ‘of the village,’ — the ‘pasture-ground’ shall he reserved; that is, this much of space should be left uncultivated, for the roaming about of cattle.

‘Śamyā’ is a stick; this should be thrown with great force; and from the point where it falls, it should be thrown again; and when this has been done three times, that shall represent the size of the pasture-ground.

‘Three times that around the town’; — the distinction between ‘village’ and ‘town’ is well known.

‘Stick-throws’ — i.e., its being thrown, falling on the ground on the momentum being spent up, and so forth. — (237)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 774), which adds the following notes: — ‘Śaṃyā’ is the piece of wood which serves as the bolt keeping the bullock fixed to the yoke, — and the distance covered by the tin-owing of tins piece of wood is what is called ‘Śamyāpāta.’

It is quoted in Vivādaratnākara (p. 231), which, reading ‘Saṃyāpātāḥ’ (in place of ‘Śaṃyāpātāḥ’) notes that the ‘Sami’ is a wooden bolt, and three times the distance covered by the throwing of it should be the extent of the pasture-land round the village, and three times this should be the pasture-land surrounding a city.

It is quoted in Vyavahāramayūkha (p. 96), which explains ‘parīhāra’ as ‘land reserved for the grazing of cattle — and in Vyavahāra-Bālambhaṭṭī (p. 817).

 

Comparative notes by various authors:

Yājñavalkya (2.166-167). — ‘In accordance with the wishes of the village-people, and in consonance with the extent of land available and the orders of the King, pasture-land for the grazing of cows shall he reserved...... This pasture-land shall he one hundred bow-lengths in extent, and shall he beyond the village and the cultivated holds; it shall he two hundred how-lengths round a market-town, and four hundred bow-lengths round a city.’

 

 

VERSE 8.238

Section XXXIX - Disputes between Owner and Keeper

 

तत्रापरिवृतं धान्यं विहिंस्युः पशवो यदि ।
न तत्र प्रणयेद् दण्डं नृपतिः पशुरक्षिणाम् ॥२३८॥

tatrāparivṛtaṃ dhānyaṃ vihiṃsyuḥ paśavo yadi |
na tatra praṇayed daṇḍaṃ nṛpatiḥ paśurakṣiṇām ||238||

 

If the cattle damage the unfenced crops therein, the king, in that case, shall not inflict punishment on the cattle-keepers. — (238)

 

Medhātithi’s commentary (manubhāṣya):

As a rule, no crops should be grown on the pasture-lands; since if they have been grown, — why should fences have not been put up? The fault thus lies with the cultivator, and not with the cattle-keepers. The cattle-keeper cannot always be leading each individual animal by the rope; and there is no other grazing ground for the cattle. — (238)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.162), to the effect that this impurity pertains only to cases where the crops are not fenced.

 

Comparative notes by various authors:

Yājñavalkya (2.162). — ‘If cattle graze in a field on the road-side, or near the village pasture-land, there is no offence, if it goes there by chance, and not intentionally on the part of the cowherd.’

Nārada (11.40). — ‘When a field is situated on the borders of a village, or contiguous to the pasture-land, or adjacent to a high road, the herdsman is not reprehensible for any damage to the crops, if the field is not protected by a fence.’

Gautama (12.21). — ‘If damage is done in an unenclosed field near the road, the responsibility falls on the herdsman and on the owner of the field.’

Viṣṇu (5.147-148). — ‘There is no offence if the damage has been done near a highway, or near a village, or in a field adjacent to the pasture-ground; or if it has been done in an unenclosed field.’

 

 

VERSE 8.239

Section XXXIX - Disputes between Owner and Keeper

 

वृतिं तत्र प्रकुर्वीत यामुष्त्रो न विलोकयेत् ।
छिद्रं च वारयेत् सर्वं श्वसूकरमुखानुगम् ॥२३९॥

vṛtiṃ tatra prakurvīta yāmuṣtro na vilokayet |
chidraṃ ca vārayet sarvaṃ śvasūkaramukhānugam ||239||

 

One should set up an enclosure there which the camel cannot see, and shut up every opening through which the head of a dog ok a boar could be thrust. — (239)

 

Medhātithi’s commentary (manubhāṣya):

‘Enclosure’ — is the name given to a fencing of thorns and twigs that is put up round fields and gardens for the preventing of the entrance of cattle; in some places this is called ‘parṇikā.’

The height of this enclosure should be such that the camel shall not look over it.

“Is the accusative ending in ‘yām,’ ‘which,’ used in the sense of the Instrumental?” Our answer is — no.

“How then would be the camel not see the enclosure?”

If it is very high, its other side being not visible, the enclosure is as good as not seen.

All the openings should also he closed, — such openings as can he entered by the head of the dog or the hog; i.e, the gaps that may be of the size of the head of these animals: the sense is that every effort should be made so that their head may not be thrust in. — (239)

After the enclosure has been set up —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.162) as laying down the necessity of fencing fields and gardens; and Bālambhaṭṭī adds the following notes: — ‘Tatra’, round the field, — the fence should be so high that even a tall animal like the camel should not be able to see the crops from the other side; — ‘mukhānugam’, enabling the mouth of the dog or the hog lo reach the crops, — ‘mukhonantam’ is another reading; — the meaning is as “follows: — One should build a fence, like a wall, round the field, which should be so high that the camel may not be able to see the crops; and if there are any holes there, large enough to enable the dog or the hog to thrust its mouth into it, then all these should be securely closed up: If we read ‘vā vārayet’, then the second half is to be taken as laying down another method of having the fence.

 

Comparative notes by various authors:

Nārada (11.41). — ‘On that side of the field which faces the road, a fence shall ho made, over which a camel cannot look, nor horses or cattle jump, and which a hoar cannot break through.’

Śaṅkha-Likhita (Vivādaratnākara, p. 233). — ‘Round a field situated on the road-side, an enclosure should he erected which the camel may not look over, nor may horses or boars be able to gain entrance.’

 

 

VERSE 8.240

Section XXXIX - Disputes between Owner and Keeper

 

पथि क्षेत्रे परिवृते ग्रामान्तीयेऽथ वा पुनः ।
सपालः शतदण्डार्हो विपालान् वारयेत् पशून् ॥२४०॥

pathi kṣetre parivṛte grāmāntīye'tha vā punaḥ |
sapālaḥ śatadaṇḍārho vipālān vārayet paśūn ||240||

 

If cattle attended by the keeper be found in an enclosed field, on the road-side or near the village, the keeper should be fined a hundred; but cattle without a keeper shall be driven off. — (240)

 

Medhātithi’s commentary (manubhāṣya):

‘In an enclosed field, either on the road-side, or near the village’ — within the pasture-ground; — the term ‘anta’ means near; — if the cattle should eat the crops, — and the keeper be on the spot, — then he should ‘be fined a hundred’, since no fine could be imposed upon the cattle; so also when the keeper is close by, if he is too much engrossed in his family-affairs, and does not send any hired person to see to the cattle.

‘Cattle without a keeper’ should he ‘driven off’ with a stick or some such thing; and they shall not he punished. ‘Cattle without a keeper’ that are meant here are such calves as have been sot free in connection with certain religious rites. (These belong to no one). In the case of other cattle roaming about without a keeper, punishment shall he inflicted upon the owner.

Or, we may read ‘aparivṛtā,’ ‘unenclosed,’ ‘unfenced,’ for ‘parivṛtā,’ ‘enclosed,’ and ‘sapāla’ may be taken as standing for ‘the owner along with the keeper,’ — the compound ‘sapāla’ meaning a party other than the one denoted by the terms of the compound, i.e., one along with the keeper — and the question arising ‘who is to be punished in this case?’ — the answer is that both the owner of the field and the keeper of the cattle should ho punished; — tho owner being punished for the fault of having cultivated the field near the road-side and not fencing it; if it had been fenced, how could the crops have been eaten?

‘Cattle without a keeper’ — which may have strayed from the herd — should be driven off. Says Gautama (12.21) — ‘When there is an unfenced field on the road-side, punishment shall be inflicted on the keeper and on the cultivator of the field.’ — (240)

 

Explanatory notes by Ganganath Jha:

‘Vārayet’ — Rāmacandra reads ‘cārayet’ and takes the whole verse as a single sentence — ‘If the cattle-keeper takes the cattle to graze in a field that is fenced, he shall be fined along with his master.’

This verse is quoted in Vivādaratnākara (p. 232), which reads ‘cārayet’ for ‘vārayet it explains the meaning of the verse to be — ‘The field on the road-side or on village precincts being duly fenced, if its crops are eaten (this clause is to be added), then the keeper of the cattle is to be fined one hundred (paṇas), and the stray cattle is to he caught and tied up.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 266), which adds the following notes: — When a field on the road-side has been duly fenced, if cattle break through the fence and destroy the crops, the keeper of the cattle is to be filled a hundred paṇas; similarly when a field on the precincts of a village has been duly fenced, if cattle break into it and eat the crops, the keeper is to be fined a hundred paṇas. This indicates that there is to be no punishment if the field is unfenced.

It is quoted in Aparārka (p. 771), which explains the meaning to be that when the field on the road-side and other such places has been duly fenced, if it is damaged by cattle which is attended by their keeper, then the keeper is to be fined one hundred; but if the cattle is unattended it shall be driven off; — and in Vīramitrodaya (Vyavahāra, 137b), which explains ‘pathi kṣetre’ a s ‘in a field close by the path,’ — and ‘grāmāntīye’ as ‘lying on the outskirts of the village.’

 

Comparative notes by various authors:

Nārada (11.28, 29, 35). — ‘When crops have been destroyed by cows or other cattle crossing a fence, the herdsman deserves punishment in that case, unless he should have done his best to keep the cattle off. When the crops have been entirely destroyed to the very roots, the owner of them may claim a corresponding quantity of grain as damages; the herdsman shall be corporally punished: and the owner of the cattle shall pay a fine. When cows, straying through the fault of their keeper, have entered a field, no punishment shall be inflicted on their owner; the herdsman alone being punishable.’

Gautama (12.19-20). — ‘If damage is done by cattle, the responsibility lies on the owner; but if the cattle were attended by a herdsman, then it falls on the latter.’

Āpastamba (2.28.5). — ‘If cattle, leaving their stable, eat the crops of other persons, then the owner of the crops, or the King’s servants, may make them lean by impounding them; hut this punishment shall not he over-done.’

Viṣṇu (5.140-146). — ‘If a she-buffalo damages crops, her keeper shall he fined eight māṣas; if she has been without a keeper, her owner shall pay the fine. For mischief done by a horse or a camel, or an ass, the fine shall he the same. For damage done by a cow, it shall he half; half of that again in the case of the goat or the sheep. For cattle abiding in the field after eating the crops, the fine shall he double; and in every case the owner of the field shall receive the value of the crops that have been destroyed.’

Yājñavalkya (2.162). — ‘In the case of a field on the roadside, or adjacent to the pasture-land of the village, if cattle is allowed to graze unintentionally, there is no offence; but if it is done intentionally, the man deserves punishment like the thief.’

Uśanas (Vivādaratnākara, p. 232). — ‘If a man asks for compensation for the crops that may haves been grazed by a cow, his Pitṛs and deities do not accept his offerings.’

 

 

VERSE 8.241

Section XXXIX - Disputes between Owner and Keeper

 

क्षेत्रेष्वन्येषु तु पशुः सपादं पणमर्हति ।
सर्वत्र तु सदो देयः क्षेत्रिकस्यैति धारणा ॥२४१॥

kṣetreṣvanyeṣu tu paśuḥ sapādaṃ paṇamarhati |
sarvatra tu sado deyaḥ kṣetrikasyaiti dhāraṇā ||241||

 

In the case of other fields, the cattle-keeper should be fined a ‘paṇa’ and a quarter; and in all cases the crop shall be made good to the owner of the field; such is the established rule. — (241)

 

Medhātithi’s commentary (manubhāṣya):

In the case of ‘other fields’ — i.e., other than those on the road-side or near the village; — if the crops are eaten, the fine shall be a ‘paṇa and a quarter.’

“The fine should be a small one, in the case of a field close by, as compared to that in the cue of one that can be reached after traversing a long distance, or which is situated outside the village. In the latter case the punishment should be heavy. For in this case there can be no excuse for the cattle being allowed to enter the field.”

There is no force in this; if a heavy fine were not inflicted in the case of fields close by, then every day, when the cattle would be going out or coming in, they would destroy all the fields near the village; while if there is a heavy fine imposed, people would be afraid of it and would take special care to keep them away. In the case of remoter fields, it is only seldom that cattle are taken to graze so far for the sake of some particular kind of grass; hence only a slight fine has been prescribed in this case.

In the case of these fields also, cattle without a keeper should be driven off.

In all cases the loss to the owner of the field has to be made good, the exact amount being determined by experts.

‘Kṣetrika’ is one who has possession of the field; the word being formed with the affix ‘ṭhak,’ the original term ‘kṣetra’ belonging to the ‘vrīhyādi’ group.

‘Such is the established rule’ — laid down on the subject.

The use of the phrase ‘in all cases’ indicates that in the case of cattle without a creeper also, the loss has to be made good to the owner of the field by the owner of the cattle.

Though the term ‘cattle,’ ‘paśu,’ includes all such animals as the buffalo, the goat, the sheep, the camel, the ass and so forth, — yet, on the strength of the words of another Smṛti, it is restricted to cows only. Gautama (12.24-25) prescribes other fines in the case of animals other than the cow — ‘In the case of the horse and the buffalo, the fine is to be ten, while in that of goats and sheep two each.’ — (241)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 769), which adds the following — ‘The meaning of the verse is as follows: — With the exception of those fields which have been specifically mentioned by Manu to be such that for damaging their crops cattle are not to be punished; — if the crops of any other fields happen to be damaged, then the keeper is to be fined one kārṣāpaṇa and a quarter’; — this should be understood as referring to repeated and serious damage: — ‘and in all cases of damage to crops by cattle, the estimated produce of the field damaged should be given to the owner.’

It is quoted in Vivādaratnākara (p. 234), which adds the following notes: — ‘Anyeṣu,’ in the case of fields other than those lying on the outskirts of the village and so forth; — the ‘cattle’ (to be fined) should here be taken as standing for the keeper of the cattle; — it being impossible for the cattle to pay a fine; the fine should be understood to be a paṇa and a quarter for each head of cattle; — and in Vīvādacintāmaṇi (Calcutta, p. 65), which explains ‘anyeṣu,’ as, ‘lying at a distance.’

 

Comparative notes by various authors:

Gautama (12.21-26). — ‘If the damage was done in an unenclosed field near the road, the responsibility falls on the herdsman and on the owner of the field. Five māṣas form the fine to be paid for damage done by a cow; six for a camel or an ass; ten for a horse or a buffalo; two for each goat or sheep. If the entire crop has been destroyed, the value of the whole must be paid in addition to the fine.’

Arthaśāstra (p. 60). — ‘In the case of camels and buffaloes running away after grazing in the reserved pasture-land, one-fourth of a Paṇa should be realised; for cows, horses and asses, one-eighth; in that of small cattle, one-sixteenth. If they sit on the land after grazing, the fines shall be double; if they abide on the land, it will be quadruple. In the case of crops being grazed by cattle, the damage done shall be computed and double the amount of the value shall be the amount of the fine inflicted.’

Yājñavalkya (2.159-160). — ‘If crops are damaged by the she-buffalo, there shall be a fine of eight māṣas; half of his, if by the cow; and half of that again, if by goat or sheep; if they have sat in the field after grazing, the fine shall be double.’

Do. (2.161). — ‘The owner of the field shall receive the value of as much crop as may have been damaged; the keeper of the cattle should be beaten, and the owner should be punished with the aforesaid fine.’

Nārada (11.38-39). — ‘When a man claims damages for crops grazed by cattle, that quantity of grain should be restored to him by the owner of the cattle which may have been consumed by the cattle in the estimation of the neighbours the cows shall be given up to the owner and the grain to the husbandman. In the same way a fine shall be imposed on the herdsman when crops have been trodden down by cows.’

Do. (11.31). — ‘For damage done by a cow, he shall inflict a fine of one māṣa; two māṣas in the case of a she-buffalo; half a māṣa in the case of a goat trespassing with its young.’

Kātyāyana (Vivādaratnākara, p. 235). — ‘The owner of the cow should be made to pay a quarter Paṇa; of the she-buffalo, two quarters; of goats, sheep and calves, one quarter is the fine ordained.’

Śāṅkha-Likhīta (Do.). — ‘In the case of all calves, one māṣa; ten in that of the she-buffalo; sixteen in that of asses and camels; and four, in that of goats and sheep.’

 

 

VERSE 8.242

Section XXXIX - Disputes between Owner and Keeper

 

अनिर्दशाहां गां सूतां वृषान् देवपशूंस्तथा ।
सपालान् वा विपालान् वा न दण्ड्यान् मनुरब्रवीत् ॥२४२॥

anirdaśāhāṃ gāṃ sūtāṃ vṛṣān devapaśūṃstathā |
sapālān vā vipālān vā na daṇḍyān manurabravīt ||242||

 

But Manu has declared that no punishment shall be inflicted upon a cow within ten days of its calving, or bulls or dedicated cattle, — whether with or without keepers. — (242)

 

Medhātithi’s commentary (manubhāṣya):

The present verse lays down an exception to what has been said above.

Since the text speaks of the ‘cow,’ it follows that, in the case of other animals, such as the buffalo and the like, the wrong done is cognisable. The term ‘vṛṣāh’ stands for bulls.

‘Dedicated cattle,’ — such cattle as have been selected by a sacrificer for being used at an impending sacrificial performance. Or the term ‘deva’ may stand for the images of Viṣṇu, Śiva or other Gods installed within brick-structures; and such ‘cattle’ as may have been presented to these ‘Gods’ would be called ‘dedicated cattle’; as in such cases there would be a relation of possession and possessed between the ‘Gods’ and the ‘cattle.’

What is declared here pertains to such cattle as serve as ornaments of temples; and not to those that are only brought there for the purpose of their milk being offered to the temple. Because in the case of the latter, it is the keepers that offer the milk to the Gods, and hence are the ‘owners’ of the cattle; so that these have to be regarded as on the same footing as other owners. On the other hand, those that serve as ornaments to the temple have been presented to the temple, and as such come to be regarded as being ‘dedicated cattle.’

Some people hold that the term ‘vṛṣāh’ stands for such bulls as have been let off, in connection with the ceremony of Vṛṣotsarga.

Such cattle — whether they be ‘with keepers,’ or not belonging to any one and hence ‘without keepers’ — are not to be penalised. — (242)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara' (p. 239), which explains ‘deva-paśu’ as ‘cattle dedicated to the gods’; — in Aparārka (p. 771); — in Parāśaramādhava (Vyavahāra, p. 268), which explains ‘vṛṣa’ as (a) ‘mahokṣa,’ i.e., ‘large bull,’ or (b) ‘bulls dedicated by the rite called vṛṣotsarga’; — and in Smṛtitattva (p. 530), which adds that the cattle mentioned here, if they do any damage, are simply to be driven away; — and in Vyavahāra-Bālambhaṭṭī (p. 811); — and in Vivādacintāmaṇi (Calcutta p. 68), which explains ‘vṛṣān’ as ‘breeding bulls.’

 

Comparative notes by various authors:

Viṣṇu (5.150). — ‘If the damage has been done by bulls that have been set at liberty, or by a cow shortly after her calving (there is no offence).’

Yājñavalkya (2.163). — ‘The Big Bull, cattle consecrated and let loose, a cow newly calved, stray strange cattle, or those perturbed by visitations of the King or of Fate, — these shall ho set at liberty (without punishment), even though they he accompanied by the keeper (at the time of grazing).’

Uśanas (Aparārka, p. 771). — ‘Elephants and horses are not to he punished; as also a strange cow, or one newly calved; or one that has strayed from the herd, and all cows at the time of rejoicings or Śrāddhas.’

Kātyāyana (Do., p. 772). — ‘In the matter of punishing the grazing of cattle, of the highest, lowest and middlemost kinds, the King shall inflict fines only in the event of the owner of the field complaining about it.’

Nārada (11.30, 32, 33). — ‘A cow within ten days of her calving, a big bull, a horse and an elephant shall he kept off carefully. The owner of any one of them is not liable to punishment for doing any damage. The owners of elephants and horses shall not pay any fine. Impunity is likewise granted to the owner of the strayed cow, of one that has recently calved, or of one that is uncontrollable; — as also the owner of one that has lost her way, or broken down, or stuck in the marsh, or a bull marked by the sign of consecration.’

Arthaśāstra (p. 60). — ‘The village-bull, the consecrated bull, the cow within ten days of calving, old hulls and breeding bulls shall not be punished.’

 

 

VERSE 8.243

Section XXXIX - Disputes between Owner and Keeper

 

क्षेत्रियस्यात्यये दण्डो भागाद् दशगुणो भवेत् ।
ततोऽर्धदण्डो भृत्यानामज्ञानात् क्षेत्रिकस्य तु ॥२४३॥

kṣetriyasyātyaye daṇḍo bhāgād daśaguṇo bhavet |
tato'rdhadaṇḍo bhṛtyānāmajñānāt kṣetrikasya tu ||243||

 

When there is transgression on the part of the farmer himself, his fine shall be ten times the royal share, — half of that in the case of servants, if it is unknown to the farmer. — (243)

 

Medhātithi’s commentary (manubhāṣya):

If there has been some ‘transgression’ — fault — on the part of the farmer himself, in connection with In’s farm, — such as untimely sowing, sowing of unripe seed, damage to the crops by his own cattle, harvesting before ripening, and so forth, — then the man should be fined ten times the amount of the king’s share.

If without the farmer’s knowledge, the wrong has been done by the servants employed by him — in the shape of night-watchers and others, — then these servants shall be fined half the aforesaid amount.

The construction is — ‘atyaye kṣetriyasya daṇḍaḥ.’

This has been set forth here in the present context, because it deals with cultivated fields. — (243)

 

Comparative notes by various authors:

Āpastamba (2.28.1). — ‘If a person who has taken up a plot of land for cultivation does not exert himself and hence the land bears no crop, he shall, if he is rich, be made to pay to the owner of the land the value of the crops that ought to have been grown.’

 

 

VERSE 8.244

Section XXXIX - Disputes between Owner and Keeper

 

एतद् विधानमातिष्ठेद् धार्मिकः पृथिवीपतिः ।
स्वामिनां च पशूनां च पालानां च व्यतिक्रमे ॥२४४॥

etad vidhānamātiṣṭhed dhārmikaḥ pṛthivīpatiḥ |
svāmināṃ ca paśūnāṃ ca pālānāṃ ca vyatikrame ||244||

 

This is the rule that the righteous king shall observe, in the case of transgressions by owners, by cattle and by the keepers. — (244)

 

Medhātithi’s commentary (manubhāṣya):

This verse is easily intelligible. — (244)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 176); — and in Vīramitrodaya (Vyavahāra, 139a).

 

 

VERSE 8.245 [Disputes regarding Boundaries]

Section XL - Disputes regarding Boundaries

 

सीमां प्रति समुत्पन्ने विवादे ग्रामयोर्द्वयोः ।
ज्येष्ठे मासि नयेत् सीमां सुप्रकाशेषु सेतुषु ॥२४५॥

sīmāṃ prati samutpanne vivāde grāmayordvayoḥ |
jyeṣṭhe māsi nayet sīmāṃ suprakāśeṣu setuṣu ||245||

 

When a dispute regarding boundaries arises between two villages, the king shall settle the boundary during the month of Jyeṣṭha, when the landmarks are distinctly perceptible. — (245)

 

Medhātithi’s commentary (manubhāṣya):

‘Dispute regarding boundaries,’ — i.e., dispute on account of boundary: the particle ‘prati’ being a preposition, governs the accusative, according to Pāṇini 1.4.90: specially as the cause of a thing also can he spoken of as its characteristic feature.

‘Boundary’, — the limit of villages, their division, the exact determination of their extent.

‘Shall settle it’ — decide it, — ‘during the month of Jyeṣṭha.’

The text adds the reason why the boundary should be settled during this particular month: — ‘when the land-marks are distinctly perceptible’ — Boundary-marks are going to be described below; such as those consisting of clods of stone or things of that kind, and also thickets of grass and the like. Before the advent of the said month, while grass is growing on all sides, no difference could be perceived between grounds marked by a stone-piece and other grounds. When however, the boundary is marked by a piece of stone, if no grasses are visible, then the boundary is easily determined. Similarly In cases where demarcation has been done by creepers and thickets, the boundary should be settled before the advent of spring; for when trees and creepers are burnt down by forest-fires during the spring, no distinction could be perceived.

In as much as the text has put forward a reason for settling the dispute during a certain month, it is to be concluded that in a case where the marks are easily perceptible, the king should not wait for any particular month, thereby affording time to the parties concerned. It is only for the purpose of finding the necessary marks that one need wait for any particular month. This is the sole purpose served by the mention of the month of Jyeṣṭha. — (245)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 201), which adds the following notes: — ‘Nayet’, ‘should find out’; — ‘setu’ here stands for any mark of boundary, — where these are ‘saprakāśa,’ i. e., quite perceptible by reason of water having dried up; — the word ‘Jyaiṣṭha’ also should be taken as standing for any time which makes it possible for the boundary-marks to be perceived.

It is quoted in Aparārka (p. 758), which adds the following notes: — The term ‘grāma’ should be taken including cities, fields and houses in regard to which boundary-disputes arise, so that boundary-disputes fall into these four classes; — when the text mentions the month of ‘Jyeṣṭha’, it does not mean that it must be done during that month; all that it means to imply is convenience, that month being the most convenient for the purpose of determining boundaries; — ‘setu’ stands for bunds and other boundary-marks; — in Vivādacintāmaṇi (p. 92); — and in Vīramitrodaya (Vyavahāra, 142a), which says that the month of, ‘Jyeṣṭha’ is mentioned only by way of illustration; all that is meant is that it shall be done at a time when the boundary-marks may be perceptible, — and that ‘grāma’ stands for city also.

 

Comparative notes by various authors:

(verses 8.245-251)

Yājñavalkya (2.151). — ‘They should determine the boundary as indicated by a mound, coal, chaff or trees; as also by dikes, ant-hills, pits, bones, stone-piles and such other things.’

Nārada (11.4-5). — ‘They shall determine the boundary in accordance with old landmarks, chaff of grain, coal, potsherds, wells, sanctuaries, trees, — objects of general notoriety, such as ant-hills, artificial mounds, slopes, hills and the like, fields, gardens, roads and old dikes.’

Bṛhaspati (19.2-6). — ‘The determination of boundaries should be settled at the time of foundation, and it should be marked by visible and invisible signs, so as to dispel all doubt. Wells, tanks, pools, large trees, gardens, temples, mounds, channels, the course of a river, sands, shrubs, or piles of stones; — by such visible signs as these a boundary line should always be marked; also by other marks deposited underground, which the earth is not likely to destroy; — such as dry cowdung, bones, chaff, charcoal, stones, potsherds, sand, bricks, cow’s tails, cotton-seeds and ashes; after having placed these substances in vessels one should deposit them there underground at the extremities of the boundary.’

 

 

VERSE 8.246

Section XL - Disputes regarding Boundaries

 

सीमावृक्षांश्च कुर्वीत न्यग्रोधाश्वत्थकिंशुकान् ।
शाल्मलीन् सालतालांश्च क्षीरिणश्चैव पादपान् ॥२४६॥

sīmāvṛkṣāṃśca kurvīta nyagrodhāśvatthakiṃśukān |
śālmalīn sālatālāṃśca kṣīriṇaścaiva pādapān ||246||

 

He shall plant boundary-trees, — such as the Nyagrodha, the Aśvattha, the Kiṃśuka, the Śālmalī, the Sāla and the Tāla, — as also plants with milky juice. — (246)

 

Medhātithi’s commentary (manubhāṣya):

‘Pādapa’ is plant. — ‘Plants with milky-juice’ — such as the Arka, the Udumbara and the like.

These trees are long-lived; hence they should he planted on boundaries; but never in the midst of the village. If they were planted elsewhere also, they could not he sure indicatives of boundaries. — (246)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.151) as describing visible boundaries; — in Vivādaratnākara (p. 202); — in Parāśaramādhava (Vyavahāra, p. 270); — in Vivādacintāmaṇi (p. 73); — and in Vīramitrodaya (Vyavahāra, 139b).

 

Comparative notes by various authors:

(verses 8.245-251)

See Comparative notes for Verse 8.245.

 

 

VERSE 8.247

Section XL - Disputes regarding Boundaries

 

गुल्मान् वेणूंश्च विविधान् शमीवल्लीस्थलानि च ।
शरान् कुब्जकगुल्मांश्च तथा सीमा न नश्यति ॥२४७॥

gulmān veṇūṃśca vividhān śamīvallīsthalāni ca |
śarān kubjakagulmāṃśca tathā sīmā na naśyati ||247||

 

Also thickets, bamboos of various kinds, the Śamī-tree, creepers and mounds, reeds and Kubjaka thickets; trees shall not be obliterated. — (247)

 

Medhātithi’s commentary (manubhāṣya):

‘Thickets’ — shrubs growing together in a compact form.

‘Bamboos’ — i.e., such trees as the Casta Fistula and the like; as there are many varieties of these, the text has added the epithet ‘of various kinds.’

‘Creepers’ — tendrils; those species of grass that have long-extending roots.

‘Mound’ — is an artificial raised grass-plot.

The Kubjaka being a ‘thicket’ (already mentioned before), it has been specially singled out, on account of its importance. — (247)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 202), which adds the following notes: — ‘Gulmāḥ’, branchless shrubs, — ‘vallyaḥ’; the guḍūcī and other creepers, — ‘sthalāni’, artificial earth-mounds, — ‘kubjaka gulma’, bushes of kubjaka (Rose).

It is quoted in Mitākṣarā (2.151), whereon Bālambhaṭṭī has the following notes: — ‘Gulma’ is shrub without branches, or merely grass-clump, — ‘sthala’ is artificially elevated ground, — ‘daṇḍakagulma’ (which is one reading for ‘kubjakagulma’) is not the right reading, the correct one being ‘kupyakagulma’, which means ‘such shrubs as are related to (used in the cleaning and polishing of) copper and other metals (except gold and silver)’; — ‘tathā’, i.e., ‘on this being done’; — and in Vivādacintāmaṇi (p. 93).

 

Comparative notes by various authors:

(verses 8.245-251)

See Comparative notes for Verse 8.245.

 

 

VERSE 8.248

Section XL - Disputes regarding Boundaries

 

तडागान्युदपानानि वाप्यः प्रस्रवणानि च ।
सीमासन्धिषु कार्याणि देवतायतनानि च ॥२४८॥

taḍāgānyudapānāni vāpyaḥ prasravaṇāni ca |
sīmāsandhiṣu kāryāṇi devatāyatanāni ca ||248||

 

Tanks, water-reservoirs, ponds and fountains should be built on boundary-links; as also temples. — (248)

 

Medhātithi’s commentary (manubhāṣya):

‘Tanks’ — large reservoirs of water.

‘Ponds’ — pools.

‘Water-reservoir’ — wells and the like.

‘Fountains’ — plots of ground from which small quantities of water trickle out.

‘Temples’ — houses for the worshipping of Yakṣas and other demi-gods.

All these are such marks as are publicly visible; and cannot be easily obliterated; specially as the destroying of these entails a great sin; and further, since all men desiring to fetch water, and to visit the deity in the temple, are constantly on the spot, the boundary-line becomes well known to witnesses. — (248)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 202), which adds the following notes: — ‘Taḍāga’, large water-reservoirs, — ‘vāpī’, smaller tanks, — ‘udapāna’ wells, — ‘prasravaṇa’, water-streams other than rivers.

It is quoted in Mitākṣarā (2.151), where Bālambhaṭṭī adds the following notes: — ‘Udapāna’, well, — ‘vāpī’, long ponds with stone-walls, — ‘prasravaṇa’, springs and in Vivādacintāmaṇi (p. 93).

 

Comparative notes by various authors:

(verses 8.245-251)

See Comparative notes for Verse 8.245.

 

 

VERSE 8.249

Section XL - Disputes regarding Boundaries

 

उपछन्नानि चान्यानि सीमालिङ्गानि कारयेत् ।
सीमाज्ञाने नृणां वीक्ष्य नित्यं लोके विपर्ययम् ॥२४९॥

upacannāni cānyāni sīmāliṅgāni kārayet |
sīmājñāne nṛṇāṃ vīkṣya nityaṃ loke viparyayam ||249||

 

He shall also set up hidden boundary-marks, — seeing that in the world there are constant trespasses, due to the ignorance of boundaries among men. — (249)

 

Medhātithi’s commentary (manubhāṣya):

‘Other hidden marks’ — such as dry cowdung and the like. These the king shall set up when he is planning out new villages.

In this manner, the boundary is never obliterated; otherwise outward marks might become obliterated by some cultivator ploughing the plot. — (249)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.151), where Bālambhaṭṭī adds the following notes ‘Upacchannāni,’ almost hidden, — ‘nityam’, at all times, — ‘viparyayam’, mistake, — this indicates the reasons for establishing other boundary marks.

It is quoted in Vivādaratnākara (p. 203), which explains ‘Upacchannāni’ as hidden, — and ‘anyāni’ as standing for ‘stones’ and other things mentioned in the following verses; — and in Vivādacintāmaṇi (p. 93).

 

Comparative notes by various authors:

(verses 8.245-251)

See Comparative notes for Verse 8.245.

 

 

VERSE 8.250

Section XL - Disputes regarding Boundaries

 

अश्मनोऽस्थीनि गोवालांस्तुषान् भस्म कपालिकाः ।
करीषमिष्टकाऽङ्गारां शर्करा वालुकास्तथा ?? ॥२५०॥

aśmano'sthīni govālāṃstuṣān bhasma kapālikāḥ |
karīṣamiṣṭakā'ṅgārāṃ śarkarā vālukāstathā ?? ||250||

 

As also, stones, bones, cow’s hair, chaff, ashes, potsherds, dry cow dung, bricks, cinders, pebbles, and sand. — (250)

 

Medhātithi’s commentary (manubhāṣya):

‘Karīṣa’ — dry cowdung.

‘Cinders’ — pieces of wood half-burnt.

‘Stones’ and ‘pebbles’ — hardened pieces of clay. ‘Potsherds’ — pieces of broken jars. — (250)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 203), which adds the following notes: — ‘Kāpālikā’ is karparā, tiles, — ‘aṅgāra’, extinguished cinders, known as ‘kokila,’ coal, — ‘śarkarā’ is small pieces of broken earthenware.

It is quoted in Mitākṣarā (2.151); — and in Vivādacintāmaṇi (p. 93).

 

Comparative notes by various authors:

(verses 8.245-251)

See Comparative notes for Verse 8.245.

 

 

VERSE 8.251

Section XL - Disputes regarding Boundaries

 

यानि चैवम्प्रकाराणि कालाद् भूमिर्न भक्षयेत् ।
तानि सन्धिषु सीमायामप्रकाशानि कारयेत् ॥२५१॥

yāni caivamprakārāṇi kālād bhūmirna bhakṣayet |
tāni sandhiṣu sīmāyāmaprakāśāni kārayet ||251||

 

Other such-like things which the earth may not eat up in time, — these he shall secretly set up on junctions of boundaries. — (251)

 

Medhātithi’s commentary (manubhāṣya):

The ‘thicket’ and other things have been mentioned only by way of illustration; and not for the purpose of excluding other things; since such trees as the Khadira, the Sāra, the Kālāñjana and so forth, — as also things similar to the ‘pebble’ — are also used.

The text adds what is meant by ‘such-like’ — ‘which the earth may not eat up in time.’ ‘Eating-up’ is used figuratively, for corroding. Just as what has been eaten up cannot be differentiated from other things, so also what has become obliterated by the corrosion of the earth. — (251)

 

Explanatory notes by Ganganath Jha:

“According to Kullūka, who relies on a passage of Bṛhaspati, these objects are to be placed in jars.” (Buhler.)

This verse is quoted in Mitākṣarā (2-151), whereon Bālambhaṭṭī has the following notes: — ‘Yāni’ other things similar to those just mentioned, — ‘sīmāyām’, on the boundary that has got to be marked, — ‘sandhi’, meeting point of the boundaries.

It is quoted in Vivādaratnākara (p. 203), which adds the following notes: — ‘Evamprakārāṇi,’ such as pebbles and so forth; — and in ‘Vivādacintāmaṇi’ (p. 93).

 

Comparative notes by various authors:

(verses 8.245-251)

See Comparative notes for Verse 8.245.

 

 

VERSE 8.252

Section XL - Disputes regarding Boundaries

 

एतैर्लिङ्गैर्नयेत् सीमां राजा विवदमानयोः ।
पूर्वभुक्त्या च सततमुदकस्यागमेन च ॥२५२॥

etairliṅgairnayet sīmāṃ rājā vivadamānayoḥ |
pūrvabhuktyā ca satatamudakasyāgamena ca ||252||

 

By these signs shall the king determine the boundary between two contending parties; as also by long-continued possession and by flowing streams of water. — (252)

 

Medhātithi’s commentary (manubhāṣya):

When there is a dispute between two persons, inhabitants of two villages, the boundary is ascertained by means of the above-mentioned marks.

‘Long-continued possession’; — i.e, possession whose beginning cannot be traced, and not only ‘possession’ for three generations; the validity of the latter having been rejected above, Under verse 119; and also because the boundary of a village being public property, it is quite possible for encroachments being ignored for three generations. Some people read verse 149 without the mention of ‘boundary’; according to these, the validity of ‘possession’ as a proof is established in all eases; and yet it has had to be reiterated here, because, in view of the enumeration of the proofs of boundary, it might he thought that ‘possession’ is not a proof at all.

“What is the stream of water that is mentioned as an indication of the boundary?”

Just as in the case of new settlements, other various boundary-marks are set up, in the same manner, a flowing water-canal also should be built.

Or, the meaning may be that when a stream of water divides two villages, if, in one part of the village; that stream of water is found to be recognised, as the boundary, and there is dispute in another part, — in this case, the stream should be accepted as the indicative of the true boundary in the latter case also. Or, this may be taken as referring to a very large village; the sense being that when a village is located on one side of a river, it cannot he open to any inhabitant of the other bank to assert that he has his lands in the village on the opposite side also. Or, the meaning may be that even when a certain part of a village has been cut off by a running stream, that same stream shall continue to serve as the boundary between the two villages, — provided that the portion cut off is a small one. — (252)

 

VERSE CCLIII

 

If, even on the inspection of the marks, there should be a doubt, the settlement of the dispute regarding boundaries shall be entirely dependent upon witnesses. — (253)

 

Bhāṣya.

“How can there be a doubt, when the marks are there?”

If some one were to come and secretly remove the hidden marks to another place, this would give rise to uncertainty. And as for the open public marks — in the shape of the Nyagrodha and other trees, — it is not that these trees are to be found on boundaries only; as a matter of fact, they grow in other places also. It is for these reasons that the said marks are not always reliable, and hence doubts are likely to arise.

In a case where there is no possibility of such invalidating circumstances, the marks themselves are sufficient proof.

‘Dependent upon witnesses’ — i.e., due to witnesses. The settlement, ascertainment, is such as has the witnesses alone for its basis. The meaning of the verse is that in cases where the marks are doubtful, or where there are no marks at all, the dispute regarding boundaries can be settled only by oral testimony. — (253).

 

VERSE CCLIV

 

Witnesses regarding boundaries shall be questioned in regard to the boundary-marks, in the presence of an assembly of villagers and also of the two contending parties. — (254)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2. 151), which adds the following explanation: — ‘By means of these marks, visible and invisible, as indicated by his ministers and others, the king should determine the boundary for those quarrelling over it.’

It is quoted in Vivādaratnākara (p. 204), which adds the following notes: — ‘Satatam upabhuktyā’, by long unbroken possession — ‘he should determine’, ‘nayet’; — ‘udakasyāgamaḥ’ is flowing current of water; — in Vivādacintāmaṇi (p. 93); — in Kṛtyakalpataru (110b); — and in Vīramitrodaya (Vyavahāra, 139b).

 

Comparative notes by various authors:

Nārada (11.6, 11, 27). — ‘When a piece of land has been carried off by a stream, or abandoned by the owner, or when the boundry-marks have become obliterated, they shall fix the boundary according to inferences drawn from an inspection of the spot, and according to the traces of possession. Should there be no persons conversant with the true state of tilings, and no boundary-marks, then the King himself shall fix the boundary between the two estates as he thinks host. A field which has been held by three generations in succession, and a house which has been inherited from an ancestor, cannot be estranged from its legitimate owner by force of possession, except when the King wills it so.’

Bṛhaspati (19.14, 23, 24). — ‘Those are witnesses in a suit of this kind who know the title of acquisition, the size, the duration of possession, the name and the characteristic features of the land in question. When land is taken from a person enjoying it without legitimate title or ownership, and given to a worthier person, the latter shall not he deprived of it. A house, tank, shop or the like having been used by a man since the time of its foundation, must not he taken away from him, nor diminished or altered.’

Kātyāyana (Vivādaratnākara, p. 205). — ‘Possession is to be taken into consideration in the matter of deciding boundary-disputes; but only while there are witnesses deposing to the possession; and witnesses are of two kinds — those named in documents and those not so named.’

 

 

VERSE 8.253

Section XL - Disputes regarding Boundaries

 

यदि स्ंशय एव स्यात्लिङ्गानामपि दर्शने ।
साक्षिप्रत्यय एव स्यात् सीमावादविनिर्णयः ॥२५३॥

yadi sṃśaya eva syātliṅgānāmapi darśane |
sākṣipratyaya eva syāt sīmāvādavinirṇayaḥ ||253||

 

If, even on the inspection of the marks, there should be a doubt, the settlement of the dispute regarding boundaries shall be entirely dependent upon witnesses. — (253)

 

Medhātithi’s commentary (manubhāṣya):

“How can there be a doubt, when the marks are there?”

If some one were to come and secretly remove the hidden marks to another place, this would give rise to uncertainty. And as for the open public marks — in the shape of the Nyagrodha and other trees, — it is not that these trees are to be found on boundaries only; as a matter of fact, they grow in other places also. It is for these reasons that the said marks are not always reliable, and hence doubts are likely to arise.

In a case where there is no possibility of such invalidating circumstances, the marks themselves are sufficient proof.

‘Dependent upon witnesses’ — i.e., due to witnesses. The settlement, ascertainment, is such as has the witnesses alone for its basis. The meaning of the verse is that in cases where the marks are doubtful, or where there are no marks at all, the dispute regarding boundaries can be settled only by oral testimony. — (253).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 205), which adds the following notes: — ‘Grameyaka’ are ‘village-residents,’ — their ‘kula’ means ‘crowd’, — vivādinaḥ’, ‘of the disputants’, is to be construed with ‘samakṣam’, ‘in the presence of.’

It is quoted in Mitākṣarā (2.151) to the effect that the witnesses and Sāmantas should be put on oath and then questioned regarding the boundary, in the presence of corporations, guilds and so forth. Balambhaṭṭī has the following notes: — ‘Grameyakāḥ’ are the residents of the villages, — their ‘kula’ are crowds; or ‘kula’ may be taken as standing for guilds and corporations &c., — ‘Sīmāni,’ ‘in regard to the boundary.’

 

Comparative notes by various authors:

(verses 8.253-264)

Nārada (11.2, 3, 7, 8-10, 12). — ‘In all disputes regarding landed property or boundaries, the decision rests with the neighbours, the inhabitants of the same town or village, the members of the same community, and the senior inhabitants of the district; — as also with those who live outside on the outskirts of the village, and who live by the tilling of fields situated in those parts, and with herdsmen, bird-catchers, hunters and other foresters. Should the neighbours speak falsely, when called upon to decide a question of this sort, they shall all be punished, one by one, by the King, — each having to pay the fine of the middlemost amercement. The corporation, the senior inhabitants of the district and the rest also shall receive the punishment; they shall have to pay the fine of the first degree, if they make false statements. The boundary should not be fixed by any one man singlehanded, even though he be a reliable person; this business should be entrusted to a plurality of persons, because it is an affair of importance. Should a single man undertake to fix the boundary, he should do so after having kept a fast, in a collected frame of mind, wearing a garland of red flowers and a red cloak, having strewn earth on his head. According to this rule, let all disputes he decided in regard to houses, gardens, water-reservoirs, sanctuaries and the rest, as also the space intermediate between two villages.’

Bṛhaspati (19.8-15). — ‘In disputes regarding a house or field, the decision rests with the neighbours, as well as with the inhabitants of that town or village, or with members of the same community and the elders of the district; — likewise with husbandmen, artisans, servants, cowherds, hunters, gleaners, root-diggers, fishermen, kinsmen, criminals and robbers. After having been adjured by imprecations befitting their station, they shall determine the boundary, and shall indicate the marks deposited underground, as evidence. In default of witnesses and signs, even a single person, agreeable to both parties may fix the boundary, wearing a garland of red flowers and a red cloak, putting earth on his head, adhering to truth, and having kept a fast. Neighbours born in the district, though they may be living abroad, are natives of the place, and as such may he consulted in such disputes, — What they, as honest and impartial men, should declare, shall be held to be decisive; — thus justice will not be violated. Those are witnesses in a suit of this kind who know the title of acquisition, the size, the duration of possession, the name and the characteristic features of the land under dispute. The same rule holds good in all suits concerning immovable property. If the statements of the deponents do not agree, they shall be made to pay the fine of the highest degree.’

Yājñavalkya (2.152-154). — ‘An even number of neighbours — four, eight or ten — shall determine the boundary, wearing red garlands and clothes and placing earth upon their heads. If they speak falsely, they should each be punished by the King with the fine of the middle degree. In the absence of persons cognisant with the boundary, and of boundary-marks, the King himself shall determine the boundary. This same rule applies to disputes relating to gardens, temples, villages, drinking fountains, houses and parks; as also to streams and drains of rain-water.’

Kātyāyana (Aparārka, p. 759, et seq.). — ‘In the absence of witnesses, neighbours and senior inhabitants and natives of the district shall he consulted. In the absence of neighbours, disputes between lìelds, and also between towns and villages, should he determined by reference to even those who are not neighbours. When the immediate neighbours are found to be tainted with partiality, the next neighbours shall ho consulted; — so on and on; always discarding those interested and partial, the King shall determine the boundary in consultation with other natives of the place. If a single person, accepted by both parties, should seek to determine the boundary, he should proceed to do it, clad in red clothes and placing earth on his head. If even a number of men who have been brought together fail to determine the boundary, cither through fear or through greed, they should be made to pay the fine of the highest degree. If they speak without knowledge, they should be punished; and if, on reconsideration of the boundary, they be found to have deposed falsely, they should he made to pay the fine of the highest degree.’

Vaśiṣṭha (16.13-15). — ‘In a dispute about a house or a field, reliance may he placed on the deposition of neighbours. If the statements of the neighbours disagree, documents may be taken as proof. If conflicting documents are produced, reliance may he placed upon the statements of aged inhabitants of the village or town, and on those of guilds and corporations.’

 

 

VERSE 8.254

Section XL - Disputes regarding Boundaries

 

ग्रामीयककुलानां च समक्षं सीम्नि साक्षिणः ।
प्रष्टव्याः सीमलिङ्गानि तयोश्चैव विवादिनोः ॥२५४॥

grāmīyakakulānāṃ ca samakṣaṃ sīmni sākṣiṇaḥ |
praṣṭavyāḥ sīmaliṅgāni tayoścaiva vivādinoḥ ||254||

 

Witnesses regarding boundaries shall be questioned in regard to the boundary-marks, in the presence of an assembly of villagers and also of the two contending parties. — (254)

 

Medhātithi’s commentary (manubhāṣya):

Though a village contains innumerable inhabitants, yet, as a rule, only two men — one from each of the two villages — become parties to a boundary-dispute; and it is in the presence of these two men, as also in that of ‘an assembly of villagers,’ — i.e., a concourse of the inhabitants of the two villages, — that ‘witnesses regarding boundaries should be questioned.’ At the time that witnesses are being examined, all the villagers should he present as interested in the case; and it is not open to either of the two persons to say — ‘the dispute is between us two persons, why should these men remain here?’

Or, the meaning may be, that, when a few very old inhabitants of the neighbouring villages have been called as witnesses, it is necessary that other inhabitants also of those villages should he present; since the latter would have heard of the exact boundaries from the older people, so that, if examined in their presence, the witnesses would not lie.

‘Boundary-marks.’ — When there are marks in support of the contention of both parties, the decision is to be arrived at with the help of the deposition of witnesses. And in cases where there are no marks at all, the witnesses are questioned regarding the boundary itself. — (254)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 205), which adds the following notes: — ‘Grameyaka’ are ‘village-residents,’ — their ‘kula’ means ‘crowd’, — vivādinaḥ’, ‘of the disputants’, is to be construed with ‘samakṣam’, ‘in the presence of.’

It is quoted in Mitākṣarā (2.151) to the effect that the witnesses and Sāmantas should be put on oath and then questioned regarding the boundary, in the presence of corporations, guilds and so forth. Balambhaṭṭī has the following notes: — ‘Grameyakāḥ’ are the residents of the villages, — their ‘kula’ are crowds; or ‘kula’ may be taken as standing for guilds and corporations &c., — ‘Sīmāni,’ ‘in regard to the boundary.’

It is quoted in Aparārka (p. 759); — in Kṛtyakalpataru (p. 111a), which explains ‘grameyaka’ as ‘inhabitant of the village’; — and in Vīramitrodaya (Vyavahāra, 141a).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.255

Section XL - Disputes regarding Boundaries

 

ते पृष्तास्तु यथा ब्रूयुः समस्ताः सीम्नि निश्चयम् ।
निबध्नीयात् तथा सीमां सर्वांस्तांश्चैव नामतः ॥२५५॥

te pṛṣtāstu yathā brūyuḥ samastāḥ sīmni niścayam |
nibadhnīyāt tathā sīmāṃ sarvāṃstāṃścaiva nāmataḥ ||255||

 

The opinion that, on being questioned, they unanimously declare in regard to the boundary, — according to that he shall lay down the boundary, recording also the names of them all. — (255)

 

Medhātithi’s commentary (manubhāṣya):

When the witnesses declare an opinion ‘unanimously’ — all together; and there is no difference of opinion among them.

In the case of a difference of opinion, the opinion of a majority of them should be accepted.

‘Lay down’ — write down upon a piece of paper; — as also the names of the witnesses. — (255).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 759); — in Mitākṣarā (p. 152), to the effect that when the witnesses thus questioned unanimously declare the boundary point, the king shall, for fear of the settlement being forgotten, record this settlement in writing, setting forth therein all the boundary marks shown by them as also the names of the witnesses.

It is quoted in Vivādaratnākara (p. 205); — in Kṛtyakalpataru (111a); — and in Vīramitrodaya (Vyavahāra, 141a).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.256

Section XL - Disputes regarding Boundaries

 

शिरोभिस्ते गृहीत्वोर्वीं स्रग्विणो रक्तवाससः ।
सुकृतैः शापिताः स्वैः स्वैर्नयेयुस्ते समञ्जसम् ॥२५६॥

śirobhiste gṛhītvorvīṃ sragviṇo raktavāsasaḥ |
sukṛtaiḥ śāpitāḥ svaiḥ svairnayeyuste samañjasam ||256||

 

Placing earth upon their heads, wearing garlands and red clothes, and being sworn by their respective meritorious deeds, they shall decide honestly. — (256)

 

Medhātithi’s commentary (manubhāṣya):

On their heads the witnesses shall place ‘earth’ — i.e., clods of earth.

‘Wearing garlands’ — wearing chaplets as far as possible of red flowers.

‘Wearing red clothes’ — dressed in red. Though the root ‘rañji’ (from which the term ‘rakta’ is derived) denotes only colouring, i.e., imparting some colour to what is white, yet it is generally used in the sense of red; as we find in such expressions as ‘the rakta cow’ (where the red cow is meant).

All this is meant to strike terror in the minds of the witnesses; and also people dressed in red are supposed to be clean.

In swearing, each man should be made to pronounce the words — ‘whatever merit I may have acquired by my deeds, may all that become futile!’

‘Respective’ — ‘svaiḥ svaiḥ’; — the repetition is meant to convey the idea that each of them should mention his ‘meritorious deeds,’ — such as the giving away of a daughter, bathing in sacred places, and so forth.

‘Samañjasam,’ ‘honestly,’ is an adverb. The meaning is that they shall decide the case in a way that may he in accordance with truth, straightforward and righteous. The term ‘samañjasa’ is synonymous with ‘honest’ and ‘clear’; and as a ‘truthful act’ is always ‘clear’ the text has used the term ‘samañjasam’ — (256).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (p. 152), to the effect that the witnesses, the Sāmantas and others should indicate the boundary after being put on oath.

It adds that the plural number in ‘nayeyuḥ’ indicates that the boundary cannot be determined on the basis of only two witnesses; the admission of one being permitted by Nārada.

Bālambhaṭṭī adds the following notes: — ‘Svaiḥ svaiḥ’ means ‘by the deeds of the caste to which each of them belongs’, — ‘urvīm’, a piece of earth, — ‘tām’ (which is its reading for ‘tam’) boundary, — ‘Samañjasam’ is an adverb modifying the verb ‘nayeyuḥ.’

It is quoted in Aparārka (p. 762); — in Kṛtyakalpataru (p. 111b); — and in Vīramitrodaya (Vyavahāra, 141a).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.257

Section XL - Disputes regarding Boundaries

 

यथोक्तेन नयन्तस्ते पूयन्ते सत्यसाक्षिणः ।
विपरीतं नयन्तस्तु दाप्याः स्युर्द्विशतं दमम् ॥२५७॥

yathoktena nayantaste pūyante satyasākṣiṇaḥ |
viparītaṃ nayantastu dāpyāḥ syurdviśataṃ damam ||257||

 

If they decide in the right manner, they, being truthful witnesses, become purified; but if they decide contrariwise, they should be made to pay a fine of two hundred. — (257)

 

Medhātithi’s commentary (manubhāṣya):

If, on reference to other proofs and to other more reliable witnesses, it is found that the witnesses have not deposed truthfully, each of them shall he fined two hundred; because each of them is a ‘witness’ and that penalty has been prescribed for the ‘witness’; and all the witnesses do not depose collectively.

‘Truthful witnesses’; — i.e., witnesses who lay a great stress upon veracity.

‘Become purified,’; — i.e., do not incur the guilt of telling a lie.

‘In the right manner’; — i.e., in accordance with facts. This phrase cannot be taken as referring to anything that has been said (which is what the term ‘ukta’ actually denotes); all that is meant is that what they declare is corroborated by other proofs. Or, it may mean ‘in accordance with what has been declared in the scriptures,’ in the way of truthfulness. It has been declared in the scriptures that ‘one shall speak the truth’; hence the phrase ‘yathoktena’ means in a truthful manner. — (257)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.153), as laying down the penalty for witnesses lying in connection with boundaries; — in Vivādaratnākara (p. 211), which explains ‘Satyasākṣinaḥ’ as ‘those persons who depose truthfully to the boundary,’ — and ‘dviśatam’ as ‘two hundred paṇas’; — in Vyavahāramayūkha (p. 97); — in Vivādacintāmaṇi (p. 95); — in Kṛtyakalpataru (112a); — and in Vīramitrodaya (Vyavahāra, 141a).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.258

Section XL - Disputes regarding Boundaries

 

साक्ष्यभावे तु चत्वारो ग्रामाः सामन्तवासिनः ।
सीमाविनिर्णयं कुर्युः प्रयता राजसंनिधौ ॥२५८॥

sākṣyabhāve tu catvāro grāmāḥ sāmantavāsinaḥ |
sīmāvinirṇayaṃ kuryuḥ prayatā rājasaṃnidhau ||258||

 

In the absence of witnesses four honest inhabitants of neighbouring villages shall make the determination of the boundary, in the presence of the king. — (258)

 

Medhātithi’s commentary (manubhāṣya):

Inhabitants of neighbouring villages should he questioned, and decision should be arrived at with the help of what they say.

‘Honest,’ — i.e., possessing the qualifications of the ‘witness’ as laid down in the texts.

‘In the presence of the king’ — This has been added for the purpose of filling up the metre; as neighbours never volunteer to decide disputes, in the manner of kings. — (258)

 

Explanatory notes by Ganganath Jha:

“Men from the four surrounding villages are meant, as Kullūka suggests. The correctness of this opinion is proved by the fact that the land grants usually mention the four boundaries of the villages given away.” — Buhler.

This verse is quoted in Mitākṣarā (2.152), which remarks that neighbours are to be called in only in the absence of regular witnesses. Bālambhaṭṭī adds the note that the number ‘four’ stands for any number from four upwards, — and that the epithet ‘prayatāḥ’ precludes the calling of wicked men.

It is quoted in Aparārka (p. 760); — and in Vivādaratnākara (p. 206), which adds the following notes: — ‘Grāmāḥ,’ villagers, — ‘simāntavāsinaḥ,’ persons living near (the disputed boundary), — ‘vinirṇayam kuryuḥ,’ should determine the boundary on the basis of the tradition current among them. It explains ‘sāmanta’ as ‘persons living near the disputed boundary.’

Aparārka (p. 759) has explained the term ‘sāmanta’ as ‘people seen near the spot,’ ‘samantataḥ ye upalakṣyante.’ Hence Medhātithi’s reading ‘sāmantavāsinaḥ’ is to be explained as ‘grāmasya samantāt vāsinaḥ,’ ‘people living near about the village.’

It is quoted in Kṛtyakalpataru (111a).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.259

Section XL - Disputes regarding Boundaries

 

सामन्तानामभावे तु मौलानां सीम्नि साक्षिणाम् ।
इमानप्यनुयुञ्जीत पुरुषान् वनगोचरान् ॥२५९॥

sāmantānāmabhāve tu maulānāṃ sīmni sākṣiṇām |
imānapyanuyuñjīta puruṣān vanagocarān ||259||

 

In the absence of such original inhabitants of neighbouring villages as could be witnesses in regard to the boundary, the king may examine these (following) frequenters of forests also. — (259)

 

Medhātithi’s commentary (manubhāṣya):

‘Original inhabitants’ — The epithet has been added with a view to indicate their importance. Those persons who were living in the village at the time of its foundation, and who are co-eval with it, are called ‘original’; such inhabitants of the neighbouring villages remain on the spot constantly. There would be ‘absence’ of these, on account of their having become dispersed, for some reason or the other.

What is the remedy, if these are not available?

In that case the king shall question ‘these’ — the persons going to be mentioned in the next verse.

Or, ‘maulāḥ’ may be taken to mean ‘experienced.’ — ‘Sāmantāḥ’ as explained above. And the meaning may he — ‘In the absence of experienced people, ordinary neighbours may he regarded as reliable authority, and in the absence of these latter, the frequenters of forests should he carefully examined.’ — (259)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 209), which explains ‘maulāḥ’ as ‘persons who have lived in the village ever since it came into existence,’ — and ‘anuyuñjīta’ as ‘should question’; — in Parāśaramādhava (Vyvahāra, p. 272); — in Vyavahāra-Bālambhaṭṭī (p. 790); — in Kṛtyakalpataru (111b); — and in Vīramitrodaya (Vyavahāra, 140b), which says that the foresters and others are to be asked only when there are no such persons available as are cultivators of lands lying near the disputed boundary.

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.260

Section XL - Disputes regarding Boundaries

 

व्याधांशाकुनिकान् गोपान् कैवर्तान् मूलखानकान् ।
व्यालग्राहानुञ्छवृत्तीनन्यांश्च वनचारिणः ॥२६०॥

vyādhāṃśākunikān gopān kaivartān mūlakhānakān |
vyālagrāhānuñchavṛttīnanyāṃśca vanacāriṇaḥ ||260||

 

Hunters, Fowlers, Cowherds, Fishermen, Root-diggers, Snake-catchers, Gleaners and other Foresters. — (260)

 

Medhātithi’s commentary (manubhāṣya):

These persons wander about in the forests surrounding villages, without entering the villages themselves, and might know the exact boundaries. Passing by that way, they might have seen some persons cultivating the fields lying within the disputed area, and might have asked them — ‘what is this village, in which you are cultivating fields?’ In this manner, it is quite possible for them to have acquired the required experience.

‘Hunters’; — those who live by hunting; these also come into contact with villages, when pursuing game that has escaped from forests.

Similarly ‘fowlers,’ who live by bird-catching, roam about all the villages, in search of birds.

‘Cowherds’ roam about in search of particular kinds of fodder for their cattle.

‘Fishermen,’ ‘Dāśas,’ — those who live by digging tanks, etc., wander about in search of work.

‘Boot-diggers,’ — those who dig up the roots of thick grasses and other plants.

‘Snake-catchers,’ — those who catch serpents, by way of livelihood. These men are likely to visit several places, and thus come into contact with the inhabitants of several villages.

‘Gleaners’; — very poor people who, after wandering about several villages, earn just enough to serve as food for the day.

‘And others’ — who go about searching fruits, flowers, fuel and such things. — (260)

 

Explanatory notes by Ganganath Jha:

‘Vanācāriṇaḥ’ — ‘Those who roam about forests in search of flowers, fruits and fuel’ (Medhātithi); — ‘śabaras and other foresters’ (Nārāyaṇa).

Medhātithi does not read ‘śataśaḥ’ as Hopkins says.

This verse is quoted in Mitākṣarā (2.152), on which Bālambhaṭṭī has the following notes: — ‘Vyādhān,’ fowlers, — ‘śākunikān,’ those who live by killing birds, — ‘kaivartān,’ those who live by digging tanks etc., — ‘mūlakhātakān,’ those living by digging up the roots of trees etc., — ‘vyālagrahān,’ serpent-catchers, — ‘uñchavṛttinaḥ’ those who live by gleaning corn, — ‘vanagocarān,’ those who roam about in forests in search of flowers, fruits and such things.

It is quoted in Vivādaratnākara (p. 209); — in Parāśaramādhava (Vyavahāra, p. 272), which adds that ‘anyān’ includes persons whose business it is to dig up and raise boundary marks; — in Kṛtyakalpataru (111b); — and in Vīramitrodaya (Vyavahāra, 140b).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.261

Section XL - Disputes regarding Boundaries

 

ते पृष्टास्तु यथा ब्रूयुः सीमासन्धिषु लक्षणम् ।
तत् तथा स्थापयेद् राजा धर्मेण ग्रामयोर्द्वयोः ॥२६१॥

te pṛṣṭāstu yathā brūyuḥ sīmāsandhiṣu lakṣaṇam |
tat tathā sthāpayed rājā dharmeṇa grāmayordvayoḥ ||261||

 

As they, on being questioned in fairness, declare the marks of boundary-lines between two villages, even so shall the king fix it. — (261)

 

Medhātithi’s commentary (manubhāṣya):

Construe ‘dharmeṇa,’ ‘in fairness’ with ‘pṛṣṭāḥ,’ ‘questioned.’

‘Sīmāsandhi’ is to be construed as an appositional compound — that ‘sandhi,’ ‘line,’ which is the ‘sīmā,’ ‘boundary.’ — The ‘line’ representing the point where two villages meet, and this being what is meant by ‘boundary.’

‘Mark’ — indicative. — (261)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 210); — and in Kṛtyakalpataru (111b).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.262

Section XL - Disputes regarding Boundaries

 

क्षेत्रकूपतडागानामारामस्य गृहस्य च ।
सामन्तप्रत्ययो ज्ञेयः सीमासेतुविनिर्णयः ॥२६२॥

kṣetrakūpataḍāgānāmārāmasya gṛhasya ca |
sāmantapratyayo jñeyaḥ sīmāsetuvinirṇayaḥ ||262||

 

In the case of fields, walls, tanks, gardens and houses, the decision regarding boundary-marks is dependent upon the neighbours. — (262)

 

Medhātithi’s commentary (manubhāṣya):

‘Garden’ — stands for park-lands, as well as vegetable yards.

The neighbours are the only source of authority for decisions regarding these.

This has been added with a view to preclude the evidence of hunters and others (mentioned in the preceding two verses).

‘Boundary-marks’; — demarcation of boundary, which is done for the indication of the exact boundary. — (262)

 

Comparative notes by various authors:

This verse is quoted in Vivādaratnākara (p. 218) — and in Vivādacintāmaṇi (Calcutta, p. 62).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.263

Section XL - Disputes regarding Boundaries

 

सामन्ताश्चेत्मृषा ब्रूयुः सेतौ विवादतां नृणाम् ।
सर्वे पृथक् पृथग् दण्ड्या राज्ञा मध्यमसाहसम् ॥२६३॥

sāmantāścetmṛṣā brūyuḥ setau vivādatāṃ nṛṇām |
sarve pṛthak pṛthag daṇḍyā rājñā madhyamasāhasam ||263||

 

In the case of men disputing about boundary-marks, if the neighbours depose falsely, all of them should be severally punished by the king with the ‘middle amercement.’ — (268)

 

Medhātithi’s commentary (manubhāṣya):

The punishment of the neighbours is to be severer than that laid down above (in 257).

‘Severally.’ — This is a mere reiteration, the law on this point having been already declared before.

The holders of neighbouring fields are sure to know the right boundary; hence if they happen to give false evidence, their punishment should be heavy. As for ordinary neighbours (living in the neighbourhood), it is not necessary that they should be cognisant of the exact boundaries of fields, etc.; hence in their case the fine is to be ‘two hundred,’ as laid down before (257). Hence in the case of the boundaries between two villages, such persons as may have been seeing it, as also the neighbours, are to be fined ‘two hundred’ (if they give false evidence).

On the strength of the use of the term ‘neighbours’ in the present context, some people have held that the penalty should be the same, both in the case of boundaries between villages and that of boundaries between fields. But this view is contrary to all reason, and hence should he ignored. — (263)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 211), which adds the following notes: — ‘Setu,’ boundary , — ‘ pṛthak pṛthak,’ each severally, each one individually being the ‘witness;’ — in Vivādacintāmaṇi (p. 95); — and in Kṛtyakalpataru (112a)

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.264

Section XL - Disputes regarding Boundaries

 

गृहं तडागमारामं क्षेत्रं वा भीषया हरन् ।
शतानि पञ्च दण्ड्यः स्यादज्ञानाद् द्विशतो दमः ॥२६४॥

gṛhaṃ taḍāgamārāmaṃ kṣetraṃ vā bhīṣayā haran |
śatāni pañca daṇḍyaḥ syādajñānād dviśato damaḥ ||264||

 

If a person, by intimidation, appropriates a house, a tank, a garden, or a field, he shall be fined five hundred; but only two hundred, if he does it in ignorance. — (264)

 

Medhātithi’s commentary (manubhāṣya):

In the course of dealing with fields, etc., this additional law is here added.

‘Intimidation’ — has been mentioned only as an example, of the methods of misappropriation employed; the meaning is that — ‘if a man knowing the field to belong to another person, takes possession of it, he shall he fined five hundred.’

‘Middle amercement’ (which is 500) having been already mentioned in the preceding verse, its reiteration here is meant to indicate that the amount shall vary according to the methods of misappropriation. Or it may be, as some people hold, that in the preceding verse, no significance is meant to be attached to the exact number.

The man appropriates another’s property by such intimidations as — ‘I shall file a suit and have him punished by the king,’ or ‘I shall have him robbed by thieves,’ and so forth; and in this case the fine shall he five hundred, while in other oases, it is to be some other form of it. — (264)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.155), according to which ajñānāt is meant to cover those cases where a man takes possession of another’s garden &c. under the impression that they really belong to himself; in which case the fine is to be only two hundred. Bālambhaṭṭī has the following notes: — ‘Bhīṣayā,’ threatening with dangers from some other source; this includes greed also.

It is quoted in Aparārka (p. 766); — in Vivādaratnākara (p. 222), which explains ‘bhīṣayā,’ as ‘by arousing fear in him,’ — ‘ajñānāt’ as ‘through mistake’; — in Vyavahāramayūkha (p. 98); — in Vivādacintāmaṇi (Calcutta, p. 64), which explains that ‘if one robs the house after having threatened the owner, the fine is only 500 paṇas;’ — and in Vīramitrodaya, (Vyavahāra, 143b).

 

Comparative notes by various authors:

(verses 8.253-264)

See Comparative notes for Verse 8.253.

 

 

VERSE 8.265

Section XL - Disputes regarding Boundaries

 

सीमायामविषह्यायां स्वयं राजैव धर्मवित् ।
प्रदिशेद् भूमिमेकेषामुपकारादिति स्थितिः ॥२६५॥

sīmāyāmaviṣahyāyāṃ svayaṃ rājaiva dharmavit |
pradiśed bhūmimekeṣāmupakārāditi sthitiḥ ||265||

 

In the event of the boundary being unascertainable, the righteous king shall himself assign to them their lands, on the basis of advantages. Such is the established law. — (265)

 

Medhātithi’s commentary (manubhāṣya):

‘Unascertainable’ — incapable of being determined, on account of there being no marks or witnesses available.

‘The king himself’ — of his own will — ‘shall assign’ — make over — ‘their lands’; saying — ‘this is your land, that is yours.’

‘Righteous’; — this is added with a view to point out that the king shall not show partiality to any party.

‘On the basis of advantages’ — i.e., according to considerations of common good ; i.e., he shall indicate the boundary between the two villages in such a manner as to make the decision equally advantageous to both parties; so that if the field assigned to one party is less in size, it is of better quality, being more fertile.

The ablative ending in ‘upakārāt’ has the force of the participal affix; the term standing for the expression ‘upakāram apekṣya,’ ‘taking into consideration the advantages.’

Or, the text may mean that, the land may be assigned to one party, being taken away from the other party, whose rights over it are doubtful. In a case where the complaining village is unable to indicate the boundary, while the other party is able to do it, he shall assign the disputed land to the latter. In this way a great benefit would be conferred upon the king himself, as also upon a large number of villages. — (265)

 

Explanatory notes by Ganganath Jha:

This Verse is quoted in Mitākṣarā (2.153), to the effect that between the two villages (disputing over their boundary), the king shall allot the disputed plot to that one to which it would be more useful than to the other.

It is quoted in Aparārka (p. 764), which adds the following notes: — ‘Aviṣahyā’, without any means of determination, in the shape persons or proofs, — ‘pravishet’ (which is its reading for ‘pradishet’), is equivalent to ‘praveśayet,’ put into possession, — ‘upakārāt,’ on the ground of utility.

It is quoted in Vivādaratnākara (p. 216), which adds the following notes: — ‘Aviṣahyā’, unascertainable in the absence of witnesses, — ‘ekeṣām pradishet upakārāt,’ he should give it to one party, on the ground of ‘utility’ i. e., to that party which is likely to derive greater benefit from the land in dispute; when this benefit is found to be equally possible for both parties, then he should divide the land between both.

It is quoted in Parāśaramādhavā (Vyavahāra, p. 275), which explains ‘aviṣahyā’ as ‘there being neither witnesses nor any other indications helping to determine it;’ — in Nṛsiṃhaprasāda (Vyavahāra, 31a); — and in Vīramitrodaya (Vyavahāra, 142,) which explains ‘aviṣahyāyam’ as ‘that for which no determinent is available in the shape either of witnesses or marks.’

 

Comparative notes by various authors:

Yājñavalkya (2-153). — ‘In the absence of persons conversant with the boundary, and of boundary-marks, the lawful King himself shall determine the boundary.’

Nārada (11.11, 27). — ‘Should there he no persons conversant with the true state of things, and no boundary-marks, then the King himself shall fix the boundary between the two estates, as he thinks best.’

 

 

VERSE 8.266

Section XL - Disputes regarding Boundaries

 

एषोऽखिलेनाभिहितो धर्मः सीमाविनिर्णये ।
अत ऊर्ध्वं प्रवक्ष्यामि वाक्पारुष्यविनिर्णयम् ॥२६६॥

eṣo'khilenābhihito dharmaḥ sīmāvinirṇaye |
ata ūrdhvaṃ pravakṣyāmi vākpāruṣyavinirṇayam ||266||

 

Thus has the whole law relating to the demarcation of boundaries been propounded. After this I am going to expound that relating to verbal assault. — (266)

 

Medhātithi’s commentary (manubhāṣya):

This verse sums up the preceding section and introduces the next.

Under 8.6, this head of dispute has been mentioned as ‘assault — corporal and verbal’ (Hurt and Defamation) [‘Hurt’ coming first], in the present context, the latter has been taken up first. This alteration of the order of sequence is due to considerations of simplicity: In most oases actual physical assault is preceded by verbal assault. Further, a copulative compound (as ‘daṇḍavācike’ of verse 6) denotes only mutual relationship, it lays no stress upon the order in which the terms occur. So that both kinds of ‘assault ’ — physical as well as verbal — being equally meant, what sort of ‘alteration of order of sequence’ is there in the present case? This has been folly explained by the author of the Mahābhāṣya on Pāṇini, 1.8.10; and it is on the basis of this theory that the two assaults have been mentioned by means of a compound. — (206)

 

 

VERSE 8.267 [Verbal Assault (Abuse and Defamation)]

Section XLI - Verbal Assault (Abuse and Defamation)

 

शतं ब्राह्मणमाक्रुश्य क्षत्रियो दण्डमर्हति ।
वैश्योऽप्यर्धशतं द्वे वा शूद्रस्तु वधमर्हति ॥२६७॥

śataṃ brāhmaṇamākruśya kṣatriyo daṇḍamarhati |
vaiśyo'pyardhaśataṃ dve vā śūdrastu vadhamarhati ||267||

 

On abusing a Brāhmaṇa the Kṣatriya should be fined one hundred; and the Vaiśya one hundred and fifty; or two hundred; the Śūdra however deserves immolation. — (267)

 

Medhātithi’s commentary (manubhāṣya):

‘Abusing’ is speaking harshly. In most cases it takes the following forms: — (a) Causing pain by addressing foul words; — (b) cursing without reason — ‘O low-born one, may you suffer long’; — (c) giving false information; e.g., ‘your unmarried daughter is pregnant’; — (d) defamation, attributing to him serious or non-serious offences.

The punishment to be inflicted upon the Kṣatriya and the Vaiśya for abusing a Brāhmaṇa is as here laid down. In another Smṛti (Yājñavalkya, 2.2.10) however we read — ‘If a defamation refers to a heinous offence, the penalty shall consist of the middle amercement; while if it refer to a minor offence, it shall be the lowest amercement.’

For the Śūdra ‘immolation,’ — in the form of beating, cutting off the tongue, actual death, and so forth, to be adjusted in accordance, with the exact nature of the abuse. — (267)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 808), which adds that ‘vadha’ here means ‘cutting off the tongue’; — in Parāśaramadhava (Vyavahāra, p. 295); — in Mitākṣarā, (2.207),.where Bālambhaṭṭī adds the following notes: — ‘Adhyardha,’ 150, — whether it should be 150 or 200 in any particular case is to depend upon the lightness or gravity of the offence, — ‘vadha,’ beating and so forth.

It is quoted in Vivādaratnākara (p. 250), which adds the following notes: — ‘Ākruśya’ stands for the ‘middle’ kind of defamation — says Pārijāta; — ‘adhyardham śatam’, 150, — ‘dve vā’, this alternative is prescribed in view of the comparative gravity of the defamation; — ‘vadha’, beating, cutting off of the tongue and so forth.

It is quoted’ in Vyavahāramayūkha (p. 99); — and in Nṛsiṃhaprasāda (Vyavahāra, 44b); — in Vivādacintāmaṇi (Calcutta, p. 70), which explains ‘adhyardham’ as ‘one and a half’, and ‘vadha’ as ‘beating’, and says that the punishment, in the case of the Vaiśya and the Śūdra also, is for defamation; — and in Vīramitrodaya (Vyavahāra, 149a).

 

Comparative notes by various authors:

(verses 8.267-270)

Gautama (12. 1, 8, 10-13). — ‘A Śūdra who intentionally reviles twice-born men, by criminal abuse, or criminally assaults them with blows, shall be deprived of the limb with which he has offended. A Kṣatriya shall he fined one hundred, if he abuses a Brāhmaṇa. A Vaiśya who abuses a Brāhmaṇa shall pay one and a half (times as much as the Kṣatriya). A Brāhmaṇa abusing a Kṣatriya shall pay 50; half of that for abusing a Vaiśya; nothing for abusing a Śūdra.’

Yājñavalkya (2.206.207). — ‘The fine is half for reviling one lower than one’s self, double, for reviling women and superior persons; thus shall the fine he inflicted in accordance with the superiority or inferiority of the castes concerned. If a person abuses another belonging to a higher caste, he shall be fined double and treble (of 50 Paṇas); if one abuses another belonging to a lower caste, the fine shall be reduced by half of the afore-mentioned.’

Arthaśāstra (p. 104). — ‘Among the Brāhmaṇa, the Kṣatriya, the Vaiśya, the Śūdra and the Caṇḍāla, — if the succeeding reviles the preceding, the fine shall be 3 Paṇas; — if the preceding reviles the succeeding, it shall be 2 Paṇas.’

Viṣṇu (5.23, 33-35-38). — ‘If the Śūdra uses abusive language, his tongue shall be cut off; — for using insulting language, he shall be fined a hundred kārṣāpaṇas; — for insulting a man by using bad language regarding his mother, the highest amercement; — for abusing a man of his own caste, he shall be fined twelve Paṇas; for abusing a man of a lower caste, six Paṇas; — for insulting a member of the highest caste, or of his own caste (at the same time), the same fine is ordained; — or if he only returns his insult, a fine amounting to three kārṣāpaṇas.’

Āpastamba (2.27.14). — ‘The tongue of a Śūdra who speaks evil of a virtuous person, belonging to one of the first three castes, shall be cut out.’

Nārada (15-16.15-17, 22, 25). — ‘A Kṣatriya who reviles a Brāhmaṇa must pay one hundred Paṇas as fine; a Vaiśya must pay one and a half hundred, or two hundred; a Śūdra deserves corporal punishment. A Brāhmaṇa shall he fined fifty Paṇas for calumniating a Kṣatriya; in the case of a Vaiśya, the fine shall he half of fifty; in the case of a Śūdra, it shall be twelve Paṇas. When a twice-born person offends against a member of his own caste, he shall pay twelve Paṇas as fine. When he utters calumnies which ought never to be uttered, the fine shall be twice as high. A once-born man who insults members of a twice-born caste with gross invectives, shall have his tongue cut out... With whatever limb a low-caste man offends against a Brāhmaṇa, that very limb of his shall be cut off; such shall be the atonement of his crime.’

Śaṅkha-Likhita (Vivādaratnākara, p. 251). — ‘A Brāhmaṇa abusing a Kṣatriya should be fined 100; 50 for abusing a Vaiśya and ‘25 for abusing a Śūdra.’

Bṛhaspāti (20.6-11). — ‘When persons equal in caste and qualities abuse one another, the punishment ordained for them is thirteen Paṇas and a half. For a Brāhmaṇa abusing a Kṣatriya, the fine shall be a half-hundred; for abusing a Vaiśya, half of fifty; for abusing a Śūdra, twelve and half. This punishment has been ordained for abusing a virtuous Śūdra who has committed no wrong; no offence is imputable to a Brāhmaṇa for abusing a Śūdra devoid of virtue. A Vaiśya shall he fined a hundred Paṇas for reviling a Kṣatriya; a Kṣatriya reviling a Vaiśya shall have to pay half of that amount as fine. In the case of a Kṣatriya reviling a Śūdra, the fine shall be twenty Paṇas; in the case of a Vaiśya, double that amount. The Śūdra shall be compelled to pay the fine of the first amercement for abusing a Vaiśya; the middle amercement for abusing a Kṣatriya 5 and the highest amercement for abusing a Brāhmaṇa.’

Śaṅkha-Likhita (Vīvādaratnākara, p. 248). — ‘For abusing a person of a higher caste, the offender should propitiate him and pay a fine of three kārṣāpaṇas; — on insulting a man of the same caste as oneself the fine is twelve kārṣāpanas; and twenty-four, for insulting a person of superior qualifications.’

Hārīta (Do., p. 251). — ‘For a low-caste man abusing one of a higher caste, the fine is eight Purāṇas (Purāṇa being equal to 32 silver kṛṣṇalas).’

 

 

VERSE 8.268

Section XLI - Verbal Assault (Abuse and Defamation)

 

पञ्चाशद् ब्राह्मणो दण्ड्यः क्षत्रियस्याभिशंसने ।
वैश्ये स्यादर्धपञ्चाशत्शूद्रे द्वादशको दमः ॥२६८॥

pañcāśad brāhmaṇo daṇḍyaḥ kṣatriyasyābhiśaṃsane |
vaiśye syādardhapañcāśatśūdre dvādaśako damaḥ ||268||

 

For abusing a Kṣatriya, the Brāhmaṇa should be fined fifty; and in the case of a Vaiśya, the fine shall be twenty-five; and in that of a Shudra, twelve. — (268)

 

Medhātithi’s commentary (manubhāṣya):

‘Abusing’ here stands for all sorts of defamation, except the attributing of grievous offences, for which latter other penalties are laid down. The locative ending indicates occasion.

The locative in ‘vaiśye’ denotes the object.

The punishment for the cases where the Brāhmaṇa is the abuser or the abused has been laid down; for finding out that for the cases of abuse among the Kṣatriya and other castes themselves, we have to look into other Smṛtis. Says Gautama for instance — ‘Whenever there is abusing between the Brāhmaṇa and the Kṣatriya, or between the Kṣatriya and the Vaiśya, where the Kṣatriya abuses a Vaiśya he shall be fined fifty; and where the Vaiśya abuses a Kṣatrya, the fine shall be one hundred; similarly for abusing a Śūdra the Kṣatriya shall be fined twenty-five, and the Vaiśya fifty.’

In the case of the Śūdra abusing a Śūdra, the punishment shall depend upon their qualifications, as is going to be detailed below (under 287 et seq.). — (268)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2. 207), to the effect that the Brāhmaṇa is to be fined 50 for insulting a Kṣatriya, 25 for insulting a Vaiśya and 12½ for insulting a Śūdra; — in Aparārka (p. 808), to the same effect, adding that so many paṇas are meant; — and in Vivādaratnākara (p. 151), which adds that ‘abhiśaṃsana’ means ‘defaming,’ ‘insulting.’

 

Comparative notes by various authors:

(verses 8.267-270)

See Comparative notes for Verse 8.267.

 

 

VERSE 8.269

Section XLI - Verbal Assault (Abuse and Defamation)

 

समवर्णे द्विजातीनां द्वादशैव व्यतिक्रमे ।
वादेष्ववचनीयेषु तदेव द्विगुणं भवेत् ॥२६९॥

samavarṇe dvijātīnāṃ dvādaśaiva vyatikrame |
vādeṣvavacanīyeṣu tadeva dviguṇaṃ bhavet ||269||

 

Among twice-born men, when there is offence against an equal, the fine is twelve only in the case of unutterable abuses, it shall be double. — (269)

 

Medhātithi’s commentary (manubhāṣya):

If a once-born person insults a twice-born one with gross abuse, he should suffer the cutting off of his tongue; as he is of low origin. — (270)

‘Once-born person’ — the Śūdra; if he ‘insults’ — abuses — the higher castes — ‘with gross abuse’ — harsh words attributing heinous offences, — suffers ‘the cutting off of the tongue.’

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 149), which adds the following notes: — No special stress is meant to be laid here on the mention of the ‘twice-born’ (what is stated being equally applicable to all castes); — ‘vyatikrame’ means defamation, other than the divulging, of a secret, which latter is what is spoken of by the phrase ‘vāde avacanīye.’

It is quoted in Vīramitrodaya (Vyavahāra, 49a).

 

Comparative notes by various authors:

(verses 8.267-270)

See Comparative notes for Verse 8.267.

 

 

VERSE 8.270

Section XLI - Verbal Assault (Abuse and Defamation)

 

एकजातिर्द्विजातींस्तु वाचा दारुणया क्षिपन् ।
जिह्वायाः प्राप्नुयाच्छेदं जघन्यप्रभवो हि सः ॥२७०॥

ekajātirdvijātīṃstu vācā dāruṇayā kṣipan |
jihvāyāḥ prāpnuyācchedaṃ jaghanyaprabhavo hi saḥ ||270||

 

If a once-born person insults a twice-born one with gross abuse, he should suffer the cutting off of his tongue; as he is of low origin. — (270)

 

Medhātithi’s commentary (manubhāṣya):

‘Once-born person’ — the Śūdra; if he ‘insults’ — abuses — the higher castes — ‘with gross abuse’ — harsh words attributing heinous offences, — suffers ‘the cutting off of the tongue.’

‘He is of low origin’ — being born out of the feet of Brahmā. This is the reason given for the special penalty; and it serves also to indicate the same punishment for persons of the reverse cross-breed also; since these latter also are ‘of low origin’; specially in view of the declaration that ‘there is no fifth caste.’ — (270)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 809); — and in Vivādaratnākara (p. 153), which adds the following notes: — ‘Ekajāti’, ‘once-born’, is the Śūdra, since he has no upanayana (which is the second birth), — ‘dāruṇayā’, heartrending, insinuating a heinous crime and so, forth, — ‘jaghanyaprabhavaḥ’, the Śruti having described the Śūdra as born from the feet. This implies that in the case of the mixed castes insulting the twice-born also, the same penalty is meant, since these also are ‘low-born.’

Bālambhaṭṭī (on 1.107) remarks that, inasmuch as in verse 177 the cutting of the tongue is excluded in the case of the Śūdra insulting the Vaiśya, what is said in the present verse must be restricted to the Śūdra insulting either a Brāhmaṇa or a Kṣatriya.

 

 

Comparative notes by various authors:

(verses 8.267-270)

See Comparative notes for Verse 8.267.

 

 

VERSE 8.271

Section XLI - Verbal Assault (Abuse and Defamation)

 

नामजातिग्रहं त्वेषामभिद्रोहेण कुर्वतः ।
निक्षेप्योऽयोमयः शङ्कुर्ज्वलन्नास्ये दशाङ्गुलः ॥२७१॥

nāmajātigrahaṃ tveṣāmabhidroheṇa kurvataḥ |
nikṣepyo'yomayaḥ śaṅkurjvalannāsye daśāṅgulaḥ ||271||

 

If he mentions the name and caste of these men with scorn, a burning iron nail ten inches long shall be thrust into his mouth. — (271)

 

Medhātithi’s commentary (manubhāṣya):

‘Scorn’ — is disrespect, a feeling of disdain.

The words being in some such form as — ‘O wretched Brāhmaṇa, do not touch me’; and so forth.

Similarly with the name also.

‘Mention’ means uttering the names without the proper honorific title, or accompanied by an affix signifying ‘disdain’ — (‘Oh you Devadattaka’).

Or ‘abhidroha’ may mean anger.

‘Should be thrust’ — thrown in.

‘Nail’ — wedge.

‘Burning’ — flaming with fire.

‘Iron’ — made of iron. — (271)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 153), which adds the following notes: — ‘Abhidroheṇa’, in an extremely insulting manner, — ‘ayomayaḥ’, made of iron, — ‘śaṅkuḥ’, nail.

It is quoted in Aparārka (p. 809), which says that this is meant for very frequently repeated offence.

 

Comparative notes by various authors:

Viṣṇu (5.25). — ‘If a low-born man revilingly mentions the name or caste of a superior, — an iron pin, ten inches long, shall be thrust into his mouth.’

Nārada (15-16.23). — ‘If the Śūdra refers to the name or caste of a superior caste in terms indicating contempt, an iron-rod, ten inches long, shall be thrust red-hot into his mouth.’

 

 

VERSE 8.272

Section XLI - Verbal Assault (Abuse and Defamation)

 

धर्मोपदेशं दर्पेण विप्राणामस्य कुर्वतः ।
तप्तमासेचयेत् तैलं वक्त्रे श्रोत्रे च पार्थिवः ॥२७२॥

dharmopadeśaṃ darpeṇa viprāṇāmasya kurvataḥ |
taptamāsecayet tailaṃ vaktre śrotre ca pārthivaḥ ||272||

 

If through arrogance, he teaches brāhmaṇas their duty, the king shall pour heated oil into his mouth and ears. — (272)

 

Medhātithi’s commentary (manubhāṣya):

Sometimes Śūdras, ‘through arrogance’ due to a slight knowledge of grammar, address to Brāhmaṇas such advice as — ‘this is your duty,’ — ‘such is the procedure of this rite’ — ‘do not do it in this manner, you who are learned in the Veda.’ And the text lays down the penalty for such Śūdras. If however a Śūdra has learnt things through his association with Brāhmaṇas, and points out lapses as to proper time and place due to forgetting the details, in a friendly manner, with such words as — ‘Do not please omit the morning time,’ ‘fulfil your duties towards the gods,’ ‘satisfy the gods,’ ‘wear the cloth over your right shoulder, and not the reverse,’ — then there is nothing wrong in this.

‘Heated’ — put into fire and hence painful.

‘Pour’ — make it flow.

“It is right that it should be poured into his mouth, since it is with the mouth that he offers the advice. But what is the fault of the ears?”

Their fault lies in having listened to misguided reasonings (which make him think himself qualified for offering the advice). — (272)

 

Explanatory notes by Ganganath Jha:

Cf. 11.115.

This verse is quoted in Aparārka (p. 809), which adds that ‘asya’ stands for the Śūdra; — and in Vivādaratnākara (p. 254).

 

Comparative notes by various authors:

Viṣṇu (5-24). — ‘If a low-born man, through arrogance, give instruction to a member of the highest caste, concerning his duty, let the King order hot oil to be poured into his mouth.’

Nārada (15-16.24). — ‘If the Śūdra is insolent enough to give lessons to Brāhmaṇas regarding their duty, the King shall order hot oil to he poured into his mouth and ears.’

Bṛhaspati (20.12). — ‘A Śūdra teaching the precepts of religion, or uttering the words of the Veda, or insulting a Brāhmaṇa, shall he punished by cutting out his tongue.’

 

 

VERSE 8.273

Section XLI - Verbal Assault (Abuse and Defamation)

 

श्रुतं देशं च जातिं च कर्म शरीरमेव च ?? ।
वितथेन ब्रुवन् दर्पाद् दाप्यः स्याद् द्विशतं दमम् ॥२७३॥

śrutaṃ deśaṃ ca jātiṃ ca karma śarīrameva ca ?? |
vitathena bruvan darpād dāpyaḥ syād dviśataṃ damam ||273||

 

He who, through arrogance, speaks falsely regarding the learning, the habitat, the caste, the occupation, or the bodily details (of another person), should be made to pay a pine of two hundred. — (273)

 

Medhātithi’s commentary (manubhāṣya):

When, as a matter of fact, a man is really learned, one may say ‘this has not been properly learnt by him’; or he may defame his learning by declaring — ‘what he has learnt is not right.’

With regard to one who regards himself as an inhabitant of Brahmāvarta, he may say ‘he is a foreigner.’

With regard to a real Brāhmaṇa, he may say ‘he is a Kṣatriya’; or through friendship he may call a Kṣatriya, ‘Brāhmaṇa.’

‘Occupation’; — the ‘student’ may be called ‘one who has finished his studies.’

In regard to one’s ‘bodily details, ho may say ‘he is suffering from skin diseases,’ when, in reality, the man has no defects at all.

‘Falsely ’; — ‘false’ is what is a lie. The instrumental ending being used in accordance with Pāṇini’s rule ‘Prakṛtyādibhya upasaṅkhyānam.’

Or ‘falsity’ may stand for unrighteousness; and it is only right that unrighteousness should be regarded as instrumental in defaming other persons.

‘Through arrogance’; — ‘arrogance’ stands for disregard for others. So that if the assertions in question are made through ignorance, or in joke, there is no harm.

“For whom is this penalty laid down?”

We say — for all castes. Others however hold that, since the context pertains to the Śūdra, it must be regarded as meant for the Śūdra falsely defaming a twice-born person. — (273)

 

Explanatory notes by Ganganath Jha:

Cf. 2.19-11.

‘Karma śārīram’ — ‘With reference to occupation and to the body’ (Medhātithi); — ‘bodily sacraments’ (Kullūka and others).

This verse is quoted in Vivādaratnākara (p. 254), which adds the following notes: — ‘Karma,’ austerities and the like; — ‘śārīram,’ limbs of the body, — ‘vitathena,’ falsely, — the meaning being that if one, through arrogance, spreads false reports regarding the learning, country, caste, austerities, and limbs of another, he shall be fined 200. The Instrumental ending in ‘Vitathena’ is in accordance with Pāṇini’s Sūtra ‘Prakṛtyādibhya upasaṅkhyānam’; — ‘Śruta’, ‘learning’ and the rest are mentioned by way of illustration of the false reports; e.g. — ‘This man has not learnt the Veda,’ ‘he is not an inhabitant of Āryāvarta,’ ‘he is not a Brāhmaṇa,’ ‘he has performed no austerity at all,’ ‘his skin is not free from disease’ and so forth. — ‘Darpa’ stands for the high opinion that one has in regard to his own qualifications and consequently the low opinion that he has with regard to other persons.

 

Comparative notes by various authors:

Viṣṇu (5-26). — ‘He who falsely denies the sacred knowledge, the country or the caste, of a member of the higher castes, or who says that his religious duties have not been fulfilled by him, — shall be find 200 Paṇas.’

Bṛhaspati (20-14). — ‘He who reviles a person’s native country or other belongings of his, shall be fined 12 Paṇas. He who, through arrogance, imputes an offence to him, shall be compelled to pay the fine of the first degree.’

Arthaśāstra (p. 103). — ‘For reviling a man in regard to his body, nature, learning, livelihood and country, — the punishment is a fine of 3 Paṇas.’

 

 

VERSE 8.274

Section XLI - Verbal Assault (Abuse and Defamation)

 

काणं वाऽप्यथ वा खञ्जमन्यं वाऽपि तथाविधम् ।
तथ्येनापि ब्रुवन् दाप्यो दण्डं कार्षापणावरम् ॥२७४॥

kāṇaṃ vā'pyatha vā khañjamanyaṃ vā'pi tathāvidham |
tathyenāpi bruvan dāpyo daṇḍaṃ kārṣāpaṇāvaram ||274||

 

If a man, even truly, calls another ‘one-eyed’ or ‘lame’ or something else like it, — he should be made to pay a fine of at least one ‘Kārṣāpaṇa.’ — (274)

 

Medhātithi’s commentary (manubhāṣya):

‘One-eyed’ — he who is deprived of one of his eyes.

‘Lame’ — who is without one leg.

‘Something else like this’ — e.g., a cripple, flat-nosed and so forth.

‘Even truly’; — the term ‘even’ implies the false defamation also, i.e., when one who is not one-eyed is called so.

The fine in this case shall be ‘at least one Kārṣāpaṇa’ — i.e., if, through mercy, the lowest fine be meant to be imposed, a Kārṣāpaṇa should be the lowest amount of it. Otherwise, the flue should be two, three, four or five Kārṣāpaṇas, according to the character of the accused.

This rule may be taken, as before, as referring to either all men, or to the Śūdra only. — (274)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.204), which notes that this rule refers to a case where the defamer is a very wicked person; and Bālambhaṭṭī has the following notes: — ‘Tathyena,’ even in truth, — ‘kārṣāpaṇāvaram,’ at least one kārṣāpaṇa, never less than that; this refers to cases where a wicked and ill-behaved person insults a caste-fellow.

It is quoted in Aparārka (p. 806), which adds that this refers to a case where the insulter is a man with very superior qualifications, or where the motive of insulting is very insignificant.

It is quoted in Vivādaratnākara (p. 247), which explains ‘kārṣāpaṇāvaram’ as ‘that than which one kārṣā paṇa is lower,’ i.e., ‘two kārṣāpaṇas — in Parāśaramādhava (Vyavahāra, p. 295), which adds that this refers to an extremely wicked person; — in Nṛsiṃhaprasāda (Vyavahāra, 44b); — and in Vīramitrodaya (Vyavahāra, 150a).

 

Comparative notes by various authors:

Arthaśāstra (p. 103). — ‘If one reviles a man as one-eyed, lame and so forth when he is really so, — the fine is 3 Paṇas; if he is not so, it is 6 Paṇas.’

Viṣṇu (5.27). — ‘If a man is blind, with one eye, or lame, or defective in any similar way, — and another calls him so, — the latter shall be fined 2 kārṣāpāṇas, though he speaks the truth.’

Yājñavalkya( 2-204). — ‘If a man reviles another — either falsely or truly or ironically — in regard to defective limbs or sense-organs or diseases, — he shall he fined twelve and a half Paṇas.’

Nārada (15-16.18). — (Same as Manu.)

 

 

VERSE 8.275

Section XLI - Verbal Assault (Abuse and Defamation)

 

मातरं पितरं जायां भ्रातरं तनयं गुरुम् ।
आक्षारयंशतं दाप्यः पन्थानं चाददद् गुरोः ॥२७५॥

mātaraṃ pitaraṃ jāyāṃ bhrātaraṃ tanayaṃ gurum |
ākṣārayaṃśataṃ dāpyaḥ panthānaṃ cādadad guroḥ ||275||

 

He who alienates the mother, the father, the wife, the brother, the child or the preceptor, should be made to pay a hundred; as also one who does not give the way to his preceptor. — (276)

 

Medhātithi’s commentary (manubhāṣya):

‘Alienating’ means estranging (sowing dissension), by false insinuations; e.g., when one tries to sow dissension by making such assertions as — ‘This mother of yours has no love for you, she has a great hankering after her other son, and has secretly given him a golden ring.’ Similarly when he sows dissension between the father and son, or between the husband and wife, or between brothers, or between the preceptor and disciple.

The term ‘child’ has been mentioned with a view to indicate the other member in the dissension. If this were not added, the punishment would apply only to one who would alienate the ‘mother’ from her son, — and not to one who would alienate the ‘son’ from his mother; though ‘alienation’ is always between two parties, yet that party is spoken of as being ‘alienated’ through whom the estrangement is attempted. Under the circumstances, if the ‘child’ were not mentioned, the punishment would apply only to one who would ‘alienate the mother’ by saying — ‘this son of yours is not devoted to you, and is ill-behaved,’ — and not to one who would ‘alienate’ the son, in the manner described before.

Others have explained the word ‘ākṣārayan’ as causing mental suffering; by making such statements as — ‘I am going away from the country for the purpose of acquiring learning or wealth,’ — when the fear of the going away of the son causes pain to the father and others; and hence this should not be done.

As regards the ‘preceptor,’ so long as he is alive, one should not go over to another, specially so long as he does not permit him to do so. In a case where the disciple causes mental suffering to his preceptor, by disrespect and such acts, — the man cannot escape by paying the fine of a hundred only; as ‘disregarding of the preceptor’ has been held to be a very serious offence.

The ‘alienating’ of the loving wife with children is attempted by telling her that her husband is going to marry another woman. Similarly that of the son with excellent qualities, by representing him to be otherwise.

If in any way, one does not give the way to his preceptor, bis fine shall be one hundred. — (275)

 

Explanatory notes by Ganganath Jha:

‘Ākṣārayan’ — ‘Defames, by causing dissension’ (Medhātithi), — ‘accuses of a heinous crime’ (Govindarāja, Kullūka and Rāghavānanda), — ‘accuses of incest’ (Nārāyaṇa), — ‘makes them angry’ (Nandana).

This verse is quoted in Mitākṣarā (2.204), which (reading ‘Śvaśuram’ for ‘tanayam’) adds that this refers to cases where the wife is innocent of what is said against her, and. where the mother and the rest are even guilty of what is alleged. Bālambhaṭṭī adds the following notes: — ‘Ākṣārayan,’ defaming, — ‘adadat,’ not leaving in favour of; — what Mitākṣarā says in regard to this rule answers the objection taken against it by Kullūka, that some explanation should be found for the same penalty being prescribed for insulting all the persons mentioned here; — Medhātithi, on the other hand, adopting the reading ‘tanayam,’ has explained ‘ākṣārayan’ as causing dissension among the persons mentioned.

It is quoted in Vīramitrodaya (Vyavahāra, 149b), which explains ‘bhrātaram’ as ‘elder brother,’ and adds that this refers to cases where the elders have done some mischief, and the wife has done nothing wrong; — in Parāśaramādhava (Vyavahāra, p. 295), which adds the same note as Mitākṣarā; — and in Vyavahāramayūkha (p. 99), which adds that the ‘brother meant here is the elder one, since he is mentioned along with the father and the rest,’ and adds that Mitākṣarā and other works have declared that this refers to the wife only when she is innocent, and to the mother and others even when they are guilty.

It is quoted in Vivādaratnākara (p. 250), which reads ‘tanayam,’ and explains ‘ākṣārayan’ as ‘subjecting’ to insult — and in Nṛsiṃhaprasāda (Vyavahāra, 44b).

 

Comparative notes by various authors:

Viṣṇu (5.28) — ‘He shall he fined a hundred Kārṣāpaṇaṣ for defaming a Guru.’

Bṛhaspati (20.13). — ‘One reviling the sister or other relations shall pay a fine amounting to 50 Paṇas.’

Śaṅkha-Likhita (Vivādaratnākara, p. 250). — ‘If one reviles the King’s officers or elders or Brāhmaṇas, he shall be chided or beaten or besmeared with cowdung, or made to ride a donkey, or fined to such an extent as would cure him of his arrogance.’

 

 

VERSE 8.276

Section XLI - Verbal Assault (Abuse and Defamation)

 

ब्राह्मणक्षत्रियाभ्यां तु दण्डः कार्यो विजानता ।
ब्राह्मणे साहसः पूर्वः क्षत्रिये त्वेव मध्यमः ॥२७६॥

brāhmaṇakṣatriyābhyāṃ tu daṇḍaḥ kāryo vijānatā |
brāhmaṇe sāhasaḥ pūrvaḥ kṣatriye tveva madhyamaḥ ||276||

 

The discerning king shall inflict this punishment upon the Brāhmaṇa and the Kṣatriya: the brāhmaṇa shall be fined the lowest amercement and the kṣatriya the middlemost — (276)

 

Medhātithi’s commentary (manubhāṣya):

The construction of this passage is elliptical: — ‘In the case of mutual abuse between the Brāhmaṇa and the Kṣatriya, this shall be the punishment.’

Or, the Dative (in ‘brāhmāṇakṣatriyābhyāṃ’) may be taken as denoting purpose; the sense being — ‘for the purpose of keeping in check the Brāhmaṇa and the Kṣatriya.’

The punishment here prescribed is to be inflicted when some grievous offence is attributed, and causes pain — (276)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 255), which adds the following explanations: — In a case where a Brāhmaṇa and a Kṣatriya have insulted one another, the ‘first amercement’ on the latter. — According to Bālambhaṭṭī (2.207) the rule refers to cases where the defamation is in regard to a heinous offence; — It is quoted in Vivādacintāmaṇi (Calcutta, p. 71), which says that this refers to cases of mutual defamation between the Brāhmaṇa and the Kṣatriya, and adds that the same law holds good as between the Vaiśya and the Śūdra also-; — and in Vīramitrodaya (Vyavahāra, 150a).

 

Comparative notes by various authors:

(verses 8.276-278)

(See texts under 268-270.)

 

 

VERSE 8.277

Section XLI - Verbal Assault (Abuse and Defamation)

 

विट् शूद्रयोरेवमेव स्वजातिं प्रति तत्त्वतः ।
छेदवर्जं प्रणयनं दण्डस्यैति विनिश्चयः ॥२७७॥

viṭ śūdrayorevameva svajātiṃ prati tattvataḥ |
chedavarjaṃ praṇayanaṃ daṇḍasyaiti viniścayaḥ ||277||

 

On the Vaiśya and the Śūdra also, the inflicting of punishment shall be of the same kind, according to their respective castes, — barring mutilation; such is the decision. — (277)

 

Medhātithi’s commentary (manubhāṣya):

‘Of the same kind’ — i.e., the lowest and the middlemost amercements, mentioned in the preceding verse. The order should be as follows: — when the Vaiśya abuses the Śūdra, he shall be fined the lowest amercement, and when the Śūdra abuses the Vaiśya, he shall be fined the middle amercement.

‘The inflicting of the punishment shall be the same, barring mutilation’; — This includes the ‘cutting off of the tongue’ laid down in verse 270.

‘According to their respective castes’ — This should not be understood to mean that the said fine is to be inflicted when they abuse men of their own caste; the meaning is that the fine shall be in accordance with the castes mentioned. The sense of the verse is that when these men abuse men of their own castes, the punishment shall be as laid down before.

‘Inflicting’ — Promulgating.

When the Kṣatriya abuses the Vaiśya, the fine shall consist of half of the lowest amercement; the same scale shall apply when the Brāhmaṇa abuses the Vaiśya and the Śūdra. — (277)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 250), which adds the following: — The rule laid down in the preceding verse is applicable to the Vaiśya and the Śūdra also; — ‘Svajātiṃprati’ — ‘as between persons of the same caste’ (the punishment is to be inflicted) ‘tattvataḥ,’ in accordance with the superiority or inferiority of position and qualifications; — ‘chedavarjam’, this precludes the cutting of the tongue.

It is quoted in Mitākṣarā (2.207), to the effect that when the Vaiśya abuses the Śūdra, he is to be fined 50 paṇas. Bālambhaṭṭī has the following notes: — ‘Viṭśūdrayoḥ in the case of the Vaiśya and the Śūdra — ‘Svajātiṃ prati’ — insuring each other, — ‘evameva,’ the case is to be treated as in the case of the Brāhmaṇa and the Kṣatriya, — i. e., when the Vaiśya insults the Śūdra, he should pay the ‘first amercement,’ and when the Śūdra insults the Vaiśya, he should pay the ‘middle amercement,’ — this should be the penalty inflicted, and there is to be no cutting of the tongue; — ‘tattvataḥ,’ this is the legal punishment. — This verse, as also the preceding one, refers to a case where the defamation is in regard to a heinous offence.

It is quoted in Vīramitrodaya (Vyavahāra, 150a).

 

Comparative notes by various authors:

(verses 8.276-278)

(See texts under 268-270.)

 

 

VERSE 8.278

Section XLI - Verbal Assault (Abuse and Defamation)

 

एष दण्डविधिः प्रोक्तो वाक्पारुष्यस्य तत्त्वतः ।
अत ऊर्ध्वं प्रवक्ष्यामि दण्डपारुष्यनिर्णयम् ॥२७८॥

eṣa daṇḍavidhiḥ prokto vākpāruṣyasya tattvataḥ |
ata ūrdhvaṃ pravakṣyāmi daṇḍapāruṣyanirṇayam ||278||

 

Thus the law relating to punishments in connection with verbal assaults been truly expounded; after thisI am going to profound the law relating to physical assault. — (278)

 

Medhātithi’s commentary (manubhāṣya):

‘Physical assault’ — Causing suffering by physical hurt; the term ‘pāruṣya’ (‘hurt’) has been used in the sense that ‘assault’ causes pain in the same manner as the thrusting of the thorn does.

‘Law’ — i.e., rules relating to the details of punishment.

This verse serves the purpose of summing up the foregoing section and introducing the next. — (278)

 

Comparative notes by various authors:

(verses 8.276-278)

(See texts under 268-270.)

 

 

VERSE 8.279 [Assaults]

Section XLII - Assaults

 

येन केन चिदङ्गेन हिंस्याच्चेत्श्रेष्ठमन्त्यजः ।
छेत्तव्यं तद् तदेवास्य तन् मनोरनुशासनम् ॥२७९॥

yena kena cidaṅgena hiṃsyāccetśreṣṭhamantyajaḥ |
chettavyaṃ tad tadevāsya tan manoranuśāsanam ||279||

 

With whatever limb the low-born man hurts a superior person, every such limb of his shall be cut off; this is the teaching of Manu. — (279)

 

Medhātithi’s commentary (manubhāṣya):

‘Low-born man’ — from the Śūdra down to the Caṇḍāla.

‘Superior person’ — belonging to the three higher castes.

If the former hurts the latter with any ‘limb,’ — either directly, or through the instrumentality of a stick or a sword or some such weapon, — then ‘that limb of his shall be cut off.’

The term ‘hiṃsā’ (hurt) here stands for striking in anger, intentionally raising the hand or some weapon and letting it fall upon another, — and not actually killing.

The repetition of the pronoun ‘tat tat’ (‘every such’) is meant to guard against the idea that only one limb is to be cut off, which might arise from the use of the singular number in ‘aṅgam’ (‘limb’). Hence in a case where the hurt is inflicted by several limbs, all these limbs should be cut off.

‘Teaching’ — advice. Such is the law laid down by Manu. This has been added with a view to make a lenient king inflict the severe punishment. — (279)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 258), which explains ‘hiṃsyāt,’ as ‘strikes,’ — ‘śreyāṃsam’ (which is its reading for ‘checcreṣṭham’) as ‘one of the three higher castes — and ‘antyajaḥ’ as the ‘Śūdra’; — and in Vīramitrodaya (Vyavahāra, 146b).

It is quoted in Vyavahāramayūkha (p. 100); — in Parāśaramādhava (Vyavahāra, p. 288); — in Aparārka (p. 813), to the effect that the limb should be cut off, if a, Śūdra causes pain to a Brāhmaṇa, or a Kṣatriya or a Vaiśya; — and in Mitākṣarā (2.215), to the effect that if a Śūdra causes pain to the Brāhmaṇa, or to the Kṣatriya, or to the Vaiśya, his limb should be cut off; and adds that inasmuch as this lays down the cutting of the limb of a Śūdra who strikes any twice-born person, it follows, from the parity of reasoning, that this same punishment is to be inflicted upon the Vaiśya striking the Kṣatriya. Bālambhaṭṭī has the following notes: — ‘Śreyāṃsam,’ higher caste, twice-born caste, — ‘antyaja,’ he who is born of the lower-most (‘antya’) limb, or one born of the lowest caste, — i.e., the Śūdra. This same rule is applicable also to the Vaiśya striking the Kṣatriya, as the former is ‘antyaja’ ‘low-born,’ in comparison with the latter, who therefore is ‘śreyān,’ ‘superior.’

It is quoted in Nṛsiṃhaprasāda (Vyavahāra, p. 44b); — and in Vivādacintāmaṇi (Calcutta, p. 75), which explains ‘śreyāṃsam’ (which is its reading for ‘śreṣṭham’) as ‘the three higher castes,’ and ‘antyaja’ as ‘Śūdra.’

 

Comparative notes by various authors:

(verses 8.279-280)

Gautama (12.1). — ‘A Śūdra who criminally assaults twice-born men with blows shall he deprived of the limb with which he offends.’

Viṣṇu (5.19). — ‘With whatever limb an inferior insults or hurts his superior in caste, of that limb the King shall cause him to be deprived.’

Yājñavalkya (2.215). — ‘That limb of a non-Brāhmaṇa with which he hurts the Brāhmaṇa should he cut off. If he raises a weapon to strike him, he shall pay a fine of the first degree; if he only touches the weapon, then only half of that.’

Ārthaśāstra (p. 106). — ‘By whatever limb the Śūdra strikes the Brāhmaṇa, that limb should be cut off; if he only raises a weapon to strike, some portion of a limb may be cut off; if he only touches the weapon, the penalty shall be half of that.’

Kātyāyana (Vivādaratnākara, p. 262). — ‘For raising the hand to strike a man of one’s own caste, the fine is 12 Paṇas; double of that for actually striking him.’

Nārada (15-16.25). — ‘With whatever limb a man of low caste offends a Brāhmaṇa, that very limb of his shall be cut off; such shall be the atonement for his crime.’

 

 

VERSE 8.280

Section XLII - Assaults

 

पाणिमुद्यम्य दण्डं वा पाणिच्छेदनमर्हति ।
पादेन प्रहरन् कोपात् पादच्छेदनमर्हति ॥२८०॥

pāṇimudyamya daṇḍaṃ vā pāṇicchedanamarhati |
pādena praharan kopāt pādacchedanamarhati ||280||

 

If he raises his hand or a stick, he should have his hand cut off; if he strikes in anger with the foot, his foot shall be cut off. — (280)

 

Medhātithi’s commentary (manubhāṣya):

If he raises his hand for the purpose of striking, then the hand should be cut off, — even though he may not actually strike.

‘Stick’ stands for anything that hurts in the same manner as the stick does. Hence if he strikes with the soft root of the lily and such things, the punishment shall be less severe.

‘If he strikes with the foot’; — here also raising is to be understood.

‘Threatening’ also is included herein. — (280)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p, 268) in Parāśaramādhava (Vyavahāra, p. 288), which adds that, though in the case of other castes raising a weapon to strike one of a higher caste, the penalty is to be the ‘first amercement,’ yet for the Śūdra it has to be the cutting of the hand and other limbs.

This is quoted in Aparārka (p. 814); — in Mitākṣarā (2.215), to the effect that in the case of the Śūdra for merely raising a weapon, the hand is to be cut off; — in Vivādacintāmaṇi (Calcutta, p. 75); — and in Vīramitrodaya (Vyavahāra, 146b).

 

Comparative notes by various authors:

(verses 8.279-280)

See Comparative notes for Verse 8.279.

 

 

VERSE 8.281

Section XLII - Assaults

 

सहासनमभिप्रेप्सुरुत्कृष्टस्यापकृष्टजः ।
कट्यां कृताङ्को निर्वास्यः स्फिचं वाऽस्यावकर्तयेत् ॥२८१॥

sahāsanamabhiprepsurutkṛṣṭasyāpakṛṣṭajaḥ |
kaṭyāṃ kṛtāṅko nirvāsyaḥ sphicaṃ vā'syāvakartayet ||281||

 

If a low-born person tries to occupy the same seat with his superior, he should be branded on the hip and banished; or the king shall have his buttocks cut off. — (281)

 

Medhātithi’s commentary (manubhāṣya):

‘Superior’ — i.e., the Brāhmaṇa, who is always ‘superior’ by reason of his caste, even though he be ‘inferior’ on account of his bad character. In the case of the other castes ‘superiority’ and ‘inferiority’ are relative and comparative (so that everyone of them may be ‘superior’ and also ‘inferior’). It is for this reason that the text has used the term ‘lowborn,’ where the term ‘born’ shows that what is meant is ‘inferiority’ by birth; hence on account of its proximity, the ‘superiority’ also should be understood to be by birth. This superiority by birth belongs to the Brāhmaṇa, irrespectively of other considerations, and he is never ‘inferior.’ From all which it follows that the punishment here laid down is for the Śūdra who occupies the same seat with the Brāhmaṇa.

‘Hips,’ — buttocks; — ‘branded’ upon that. This ‘branding’ is to be not mere marking with lime or saffron or such things; but it is to be indicative of the man’s having undergone the punishment; so that others might fight shy of the same transgression. Hence the marking prescribed is one that is ineffaceable, and should he done with an iron-nail or some such thing; as is going to be laid down below (8.352) — ‘Punishments that strike terror, etc., etc.’

He should also be ‘banished’ from the kingdom.

‘Sphik’ is the name of a part of the buttocks, on both the right and the left side. This he ‘shall have cut off.’ In as much as this is an alternative to ‘branding,’ it is only the part, and not the entire buttock, that is to be cut off.

‘Tries to occupy’; — the man is to be punished not merely for trying to do so, but only when he has actually occupied it; because the mere wish or attempt can be hidden (and hence may not he discovered), and also because the penalty laid down is very severe. — (281)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 814); — and in Vivādaratnākara (p. 268), which adds the following notes: — ‘Sahāsanamabhiprepsuḥ’ sitting on the same seat, — ‘abhiprepsu’ (lit. desirous of getting at) standing here for actually getting at itself, — the man sitting upon the same seat with his superior should be ‘branded on his hip and banished — ‘utkṛṣṭa,’ the Brāhmaṇa, ‘apakṛṣṭaja,’ the Śūdra, — ‘kṛtāṅkah’, branded with red hot iron, — ‘spicha,’ a part of the loin; — and in Vivādacintāmaṇi (Calcutta, p.75), which says that the ‘branding’ is to be done with iron, and that ‘spicha’ is a part of the waist.

 

Comparative notes by various authors:

Gautama (12.7). — ‘If he assumes a position equal to that of twice-born men, in sitting, in lying down, in conversation, or on the road, he shall undergo corporal punishment.’

Āpastamba (2.27.15). — ‘A. Śūdra who assumes a position equal to that of a member of the first three castes, in conversation, on the road, or a coach, in sitting and on similar occasions, shall be flogged.’

Viṣṇu (5.20). — ‘If he places himself on the same seat with his superior, he shall be banished with a mark on his buttocks.’

Nārada (15-16. 26). — ‘A low-born man, who tries to place himself on the same seat with his superior in caste, shall be branded on his hip and banished; or the King shall cause his backside to be gashed.’

 

 

VERSE 8.282

Section XLII - Assaults

 

अवनिष्ठीवतो दर्पाद् द्वावोष्ठौ छेदयेन्नृपः ।
अवमूत्रयतो मेढ्रमवशर्धयतो गुदम् ॥२८२॥

avaniṣṭhīvato darpād dvāvoṣṭhau chedayennṛpaḥ |
avamūtrayato meḍhramavaśardhayato gudam ||282||

 

If, out of arrogance, he spits, the king should have his two lips cut off; if he urinates, then his penis; and if he breaks wind, his anus. — (282)

 

Medhātithi’s commentary (manubhāṣya):

If he sprinkles urine on his superior, or passes urine in his presence, with a view to insult him, — then, even though the urine may not actually touch the man, yet, in as much as he insults his superior with ‘urination,’ the penis shall he cut off.

This same rule applies to the case of semen; as the effect is the same in this ease also.

‘Spitting’ consists in letting the fluid pass out of the nostrils or the mouth. Hence if it is done through the nostrils, it is the nostrils that have to be cut off; in accordance with what has been said (under 279) regarding the punishment to be inflicted upon that limb with which the offence has been committed.

‘Breaking wind’ — is making an improper sound with the anus.

All this is to be punished, when done ‘out of arrogance’ and not when done by chance. — (282)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 268), which adds the following notes: — ‘Āvaniṣṭhīvato darpāt’, through arrogance spitting on the superior, — ‘avamūtrayataḥ,’ sprinkling urine, — ‘avaśardhayataḥ,’ passing wind through the anus with a loud sound; — in Aparārka (p. 814), which takes it as prescribing the penalty for the Śūdra doing these things upon twice-born persons; — in Parāśaramādhava (Vyavahāra, p, 288); — in Mitākṣarā, (2. 115) where Bālambhaṭṭī remarks that the acts here mentioned are indications of disregard and contempt; — and in Vivādacintāmaṇi (Calcutta, pp. 75 and 73).

 

Comparative notes by various authors:

Viṣṇu (5.21-22). — ‘If he spits on him, he shall lose both lips; — if he breaks wind against him, his hind-parts.’

Arthaśāstra (p. 106). — ‘If he touches one with unclean limbs, or with the feet, or with spittings, he shall be fined 6 Paṇas; if with vomits or urine or ordure, 12 Paṇas; if he touches the body above the navel, the double of these; if on the head, then four times. This among equals. If one does all this to a superior, then the fine shall be double; half only if it is done inadvertently.’

Nārada (15-16. 27). — ‘If, through arrogance, he spits on a superior, the King shall have both his lips to be cut off; if he makes water on him, the penis: if he breaks wind against him, the buttocks.’

Yājñavalkya (2.213-214). — ‘If one touches another person with ashes, or mud, or dust, — the fine shall be 10 Paṇa.s; if he touches him with an unclean hand, or with the foot, or with spittings, the fine shall be double of that. This refers to the case of equals; if the offence is against another man’s wife, or against superior persons, the fine shall be double; if against inferiors, it shall be half; there is to be no punishment if all this is done under the influence of liquor and such things.’

Kātyāyana (Aparārka, p. 813). — ‘The fine is to be quadrupled if one touches another person with vomitings, urine or ordure; and sixfold if the middle of the body is touched; and eightfold, if the head is touched.’

Hārīta (Vivādaratnākara, p. 266). — ‘If one of a lower caste catches hold of the neck, or breasts or hair or mouth of a person of the higher caste, the fine shall be 30; 63, for uprooting his hair and for threatening him.’

 

 

VERSE 8.283

Section XLII - Assaults

 

केशेषु गृह्णतो हस्तौ छेदयेदविचारयन् ।
पादयोर्दाढिकायां च ग्रीवायां वृषणेषु च ॥२८३॥

keśeṣu gṛhṇato hastau chedayedavicārayan |
pādayordāḍhikāyāṃ ca grīvāyāṃ vṛṣaṇeṣu ca ||283||

 

If he catches hold of the hair, the king shall unhesitatingly have his hands out off; also if he lays hold of the feet, the beard, the neck, or the scrotum. — (283)

 

Medhātithi’s commentary (manubhāṣya):

The phrase ‘out of arrogance’ of the preceding verse has to be construed with this verse also.

If the Śūdra lays hold of the Brāhmaṇa’s hair, with a view to insult him, his hands should be cut off. The dual number has been used for the purpose of indicating that even when the catching is done with a single hand, since the pain caused is the same as that in the case of catching with both hands, it is both the hands that shall be cut off, and not one only.

‘Dāḍhikā’ is beard.

In the case of other parts of the body also, the catching of which causes the same pain as the catching of the neck and other limbs mentioned, the punishment shall be the same as the one here laid down.

‘Unhesitatingly’; — this forbids any consideration regarding the exact amount of pain caused by the catching, — whether it has been much or otherwise. The sense is that the punishment is to be inflicted for the mere catching. — (288)

 

Explanatory notes by Ganganath Jha:

It is difficult to see why Hopkins calls the reading ‘dāḍhikāyām,’ ‘obscure.’

This verse is quoted in Aparārka (p. 814), which adds the following notes: — ‘Dāḍhikāyām’ — on the beard, — ‘Vṛsaṇeṣu scrotum and the rest; if the scrotum alone were meant, then the plural ending could not be justified; — in Vivādaratnākara (p. 268), which remarks that the dual ending has been used in ‘hastau’ with a view to indicate that both hands are to be cut off even though the beard be held by one only; and it explains ‘dāḍhikā,’ as ‘beard’ — and in Vivādacintāmaṇi (Calcutta, p, 76), which explains these two verses to mean that ‘if a Śūdra insults a man of any of the higher castes by spitting at him, his lips should be cut off — if by urinating on his body, his urinary organ should be cut off, — if by passing wind over him, the anus should be cut off, — and if by catching hold of his hair, then his hands should be cut off.’

 

Comparative notes by various authors:

Viṣṇu (5.65). — ‘If he seizes him by his feet, by his hair, by his garment, or by his hand, he shall pay ten Paṇas.’

Arthaśāstra (p. 106). — ‘On touching his feet, garment, hands or hair, the fine shall be multiples of six respectively.’

Nārada (15-16.28). — ‘If he pulls a superior by the hair, the King shall unhesitatingly cause his hands to be out off; likewise if he seizes him by the feet, beard, neck or scrotum.’

Yājñavalkya (2.217). — ‘For pulling a person by the feet, hair, garment or hands, — there shall be a fine of 10 Paṇas; for causing pain, dragging, binding with cloth and striking with the feet, the fine shall be a hundred.’

 

 

VERSE 8.284

Section XLII - Assaults

 

त्वग्भेदकः शतं दण्ड्यो लोहितस्य च दर्शकः ।
मांसभेत्ता तु षट् निष्कान् प्रवास्यस्त्वस्थिभेदकः ॥२८४॥

tvagbhedakaḥ śataṃ daṇḍyo lohitasya ca darśakaḥ |
māṃsabhettā tu ṣaṭ niṣkān pravāsyastvasthibhedakaḥ ||284||

 

One who bruises the skin should be fined one hundred; as also one who fetches blood; he who cuts the flesh, six ‘niṣkas’ and the bone-breaker should be banished. — (284)

 

Medhātithi’s commentary (manubhāṣya):

What is here laid down pertains to offences committed among the twice-born men themselves, as also between two Śūdras.

When one only ‘breaks’ or pierces the skin, and fetches no blood, the fine is one hundred.

The same also when blood flows out. Though no blood can flow out unless the skin has been broken, yet the limitation on the fine has been laid down with a view to preclude the idea that since the hurt is more serious, the punishment should he heavier.

Others hold that this has been added in view of the fact that blood flows also out of the ear, the nostrils and such other pans, as also out of the outer skin (and the rule is meant to apply to this latter ease).

This however is not right. Because in a case where there is internal hurt, the pain is very severe, and the punishment therefore should be proportionately heavy. Hence what is meant is that the fine of one hundred shall be inflicted in a case where only a small quantity of blood has flown out.

In the case of head-breaking, the punishment shall be the same as that in the case of cutting the flesh.

The term ‘niṣka’ here stands for a measure of gold, as has been already explained before.

‘The breaker of bones should be banished,’; — i.e., one who causes the bone to be broken. The compound ‘asthibhedakaḥ’ should be explained by compounding ‘asthi’ (‘bone’) with the term ‘bheda’ which ends with the ‘ghañ’ affix, and then adding the causal affix in the sense of ‘doing’ to the compound thus formed (i.e., ‘asthibhedam karoti iti asthibhedakaḥ’).

‘Banishment’ is an alternative to ‘Death.’ In works dealing with the science of government, in the sections dealing with punishments, we find the latter penalty laid down; for instance, in the works of Bṛhaspati and Uśanas. So ‘banishment’ applies to the case of Brāhmaṇas, and ‘death’ to that of others. — (284)

 

Explanatory notes by Ganganath Jha:

“According to Rāghavānanda the rule refers to Śūdras assaulting Śūdras. According to Nārāyaṇa, the last offender’s property shall be confiscated.” — Buhler.

This verse is quoted in Vivādaratnākara (p. 164), which remarks that in view of the law laid down by Viṣṇu, that for causing bleeding the fine shall be 64 paṇas, — the penalty here laid down should be understood to be applicable to cases where there is much bleeding caused by the tearing of the skin.

It is quoted in Parāśaramādhava (Vyavahāra, p. 287); — in Aparārka (p. 815) which adds that, the bleeding is due to grievous hurt, then the fine is to be 100, otherwise 64; — in Mitākṣarā (2.218), where Bālambhaṭṭī remarks that the penalty here laid down applies to cases where the hurt has been inflicted on some vital part of the body; — and in Vivādacintāmaṇi (Calcutta, p. 74), which explains ‘niṣka’ as equivalent to four ‘suvarṇas’

 

Comparative notes by various authors:

Viṣṇu (5.66-72). — ‘If he causes pain to him, without fetching blood, he shall pay 32 Paṇas; for fetching blood, 64; — for mutilating or injuring a hand, or a foot, or a tooth, — and for slitting an ear, or the nose, — the second amercement. For rendering a man unable to move about, or to oat, or to speak, — or for striking him violently, — the same punishment is ordained. For wounding or breaking an eye, or the neck, or an arm, or a hone, or a shoulder, the highest amercement. For striking out both eyes of a man, the King shall confine him and not release him from the jail as long as he lives; — or he shall order him to be mutilated in the same way.’

Yājñavalkya (2.218-220). — ‘If one causes pain with wood and other things, without fetching blood, he should ho made to pay a fine of 32 Paṇas; on fetching blood, the double of that. If he breaks a hand, or a foot, or a tooth, or slits the ear or the nose, or reopens a wound, or beats him nearly to death, — the middle amercement. On incapacitating him from moving, eating or speaking, also for piercing the eyes and other organs, or for breaking the shoulder, or the arms or the thighs, the middle amercement.’

Nārada (15-16.29). — ‘If a man breaks the skin of an equal, or fetches blood from him, he shall be fined a hundred Paṇas; if he cuts the flesh, 6 Niṣkas; if he breaks a bone, ho shall be banished.’

Bṛhaspati (22.720). — ‘For injuring a person with bricks, stones or a wooden club, he shall he fined two Māṣas; double of this, if blood flows. For tearing the skin, the lowest amercement shall be inflicted; for tearing the flesh, the middle amercement; for breaking a hone, the highest amercement; for killing, capital punishment. For breaking the oar, the nose or hand, or injuring teeth, or feet, — the middle amercement; and double of that for cutting off any of those limbs. He who injures a limb or divides it, shall be compelled to pay the expense of curing it.’

Arthaśāstra (p. 107). — ‘On hurting a person, without fetching blood, with wood, stones, bricks, iron-stick, or ropes — the fine shall be 24 Paṇas; double of that if blood is fetched. The lowest amercement for beating a man nearly to death, without fetching blood; as also for disabling a hand or foot. For breaking the hand or foot, or for tearing the nose or the ear, or for opening a wound, the same punishment. For breaking the thigh or the neck or the eyes, or making one unable to speak or move or eat, — the middle amercement; also the expenses for effecting a cure. If the man happen to die, the culprit should be tried as a heinous criminal.’

Kātyāyana (Vivādaratnākara, p. 265). — ‘For striking a man with bricks, stones or wooden sticks, the fine is two Māṣas; double of this if blood is fetched; for cutting of the ear, the lip, the nose, the eye, the tongue, the penis or the hand, — the highest amercement; and for piercing these, the middle amercement.’

Hārīta (Vivādaratnākara, p. 266). — ‘If a low-caste man breaks the head, or ears or any limb of a person of the higher castes, he shall be fined 200 Purāṇas; for striking him with the foot, his feet shall be cut off, or he shall he fined 500.’

 

 

VERSE 8.285

Section XLII - Assaults

 

वनस्पतीनां सर्वेषामुपभोगो यथा यथा ।
यथा तथा दमः कार्यो हिंसायामिति धारणा ॥२८५॥

vanaspatīnāṃ sarveṣāmupabhogo yathā yathā |
yathā tathā damaḥ kāryo hiṃsāyāmiti dhāraṇā ||285||

 

In the case of all trees, as their usefulness so should be the punishment inflicted for injuring them; this is the settled rule. — (285)

 

Medhātithi’s commentary (manubhāṣya):

The ‘trees’ have been mentioned as representing all immovable things.

When injury is done to a tree which is of great utility, the fine consists of the ‘highest amercement’; when the tree is of ordinary utility, it consists of the ‘middle amercement’; and when it is of small utility, it consists of the ‘lowest amercement.’

Account has also got to be taken of the part of the tree where the injury is done; — whether it is the leaf, the fruit or the branch that has been cut off. In regard to fruits also, their market-value has to be taken into consideration.

Similarly account has to be taken of the position of the tree, — whether it stands on the boundary, on road-crossings or in a hermitage, and so on. — (285)

 

Explanatory notes by Ganganath Jha:

“According to Govindarāja the fine for injuring trees which give shade only is to be very small; in the case of flower-bearing trees, middling; and in the case of fruit trees, high.” — Buhler.

This verse is quoted in Vyavahāramayūkha (p. 100); — and in Aparārka (p. 819).

 

Comparative notes by various authors:

Viṣṇu (5.55-59). — ‘A feller of trees yielding fruit shall pay the highest amercement; a feller of flower-bearing trees, only the middle amercement; he who cuts creepers, shrubs or climbing plants shall pay a hundred kārṣāpaṇas; he who cuts grass shall pay one kārṣāpaṇa; and all such offenders shall make good to the owners the revenue which they yield.’

Arthaśāstra (pp. 108-109). — ‘One who destroys small things shall make good their value and also pay a line equal to it; — on destroying large things, he shall make good their value and pay double that amount as fine.’

Yājñavalkya (2.227-229). — ‘For tearing the branches of wide-spreading trees, and of such trees as supply food, the fine shall he 20; for tearing their trunks, 40, and for destroying the entire tree, 80. For such trees as are growing on places of worship, in the cremation-ground, in a sacred place, or in a temple, the fine shall be double. Half of the above-mentioned fine, in the case of destroying thickets, creepers and plants.’

Vaśiṣṭha (Vivādaratnākara, p. 286). — ‘For the purpose of making agricultural implements or implements for the household, one may cut even fruit-bearing and flower-bearing trees and thickets.’

 

 

VERSE 8.286

Section XLII - Assaults

 

मनुष्याणां पशूनां च दुःखाय प्रहृते सति ।
यथा यथा महद् दुःखं दण्डं कुर्यात् तथा तथा ॥२८६॥

manuṣyāṇāṃ paśūnāṃ ca duḥkhāya prahṛte sati |
yathā yathā mahad duḥkhaṃ daṇḍaṃ kuryāt tathā tathā ||286||

 

When a hurt has been inflicted on men or animals, with the motive of causing pain, the king shall inflict punishment in proportion to the greatness of the pain caused. — (286)

 

Medhātithi’s commentary (manubhāṣya):

This verse supplies deails (details?) in connection with what has been said before regarding ‘the breaker of skin, etc.’ (in 281).

If the term ‘men’ did not occur, and the verse were taken as referring to any and every living creature, it would give the idea that the same punishment is to be inflicted in the case of the larger as well as the smaller beasts, birds and deer; and it is for the. purpose of precluding this idea that the term ‘men’ has been added.

‘In proportion to the greatness of the pain earned’; — if the animal hurt is a large one, and the extent of the bruise or the quantity of blood is small, then the hurt being ‘small,’ the fine shall be less than a hundred; while if the hurt is ‘serious,’ it may exceed a hundred.

Others have said that the text has added the term ‘greatness’ for the purpose of indicating that in the case of great pain, the fine shall be increased, — and it does not mean that when the pain caused is not great, the fine shall be decreased.

‘With the motive of earning pain’ — i.e., when the hurt is inflicted with the clear intention of giving pain; hence there is no enhancement of the fine if the hurt has been inflicted by chance carelessness.

These two verses are instances of cases where the attendant circumstances have to be taken into consideration in the apportioning of fines for hurt; and it is in this sense that they should be interpreted. — (286)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 266), which adds that ‘duḥkhāya’ means ‘with the intention of giving pain and the addition of this implies that there is no crime if the hurt is caused by chance; — and in Vivādacintāmaṇi (Calcutta, p. 75), which explains ‘duḥkhāya’ as ‘with the intention of causing pain.’

 

Comparative notes by various authors:

(verses 8.286-287)

Viṣṇu (5.75-76). — ‘All those who have hurt a man, shall pay the expense of his cure; — so also those who have hurt a domestic animal.’

Yājñavalkya (2.222). — ‘he who hurts a man should pay the expenses of the cure, and should also be made to pay the fine that has been ordained in connection with lighting.’

Kātyāyana (Aparārka, p. 816). — ‘On hurting the body or the sense-organs, the offender should be fined and also made to pay whatever may satisfy the man hurt, as also the expenses that may be incurred in the complete healing of the wounds inflicted.’

Bṛhaspati (21.10). — ‘He who injures a limb, or divides it, or cuts it off, shall be compelled to pay the expenses of curing it, and he who may have taken away an article during the quarrel shall restore it.’

Arthaśāstra (p. 107). — ‘For breaking the thigh or the neck, for piercing the eye, and for making a man unable to move, or speak or eat, the middle amercement shall he inflicted, and the offender shall also be made to pay the expenses for the healing of the wound.’

 

 

VERSE 8.287

Section XLII - Assaults

 

अङ्गावपीडनायां च व्रणशोणितयोस्तथा ।
समुत्थानव्ययं दाप्यः सर्वदण्डमथापि वा ॥२८७॥

aṅgāvapīḍanāyāṃ ca vraṇaśoṇitayostathā |
samutthānavyayaṃ dāpyaḥ sarvadaṇḍamathāpi vā ||287||

 

In the case of injury to limbs, as also of strength and of blood, — the man should be made to pay the expenses of recovery, or the whole amount as ‘fine.’ — (287)

 

Medhātithi’s commentary (manubhāṣya):

‘Injury to limbs’ — in the shape of the breaking of joints and the like, caused by the stroke of tough ropes and the like.

In such cases the man hurt should receive from the assailant the charges in connection with the physician and the medication incurred in obtaining recovery.

A similar construction is to be placed upon the compound word ‘prāṇa-śoṇitayoḥ,’ ‘of strength and blood.’

Or in the case of the latter, the construction may be — ‘prāṇaśoṇitayoḥ samutthānavyayam dāpyaḥ,’ ‘he should be made to pay the expenses for the recovery of strength and blood,’ i.e., ‘when these two have suffered’; this being understood.

‘Prāṇa’ means strength; when a man becomes ill in consequence of the hurt received, he has to go without food, and hence becomes emaciated and loses his strength.

In a case where no limb has been seriously injured, the assailant should be made to supply just that quantity of butter and oil and such things as may be needed for the recovery of strength.

Similarly when blood has been fetched, and, as a consequence the man becomes weak, or contracts some disease, — the assailant shall be made to pay the expenses incurred in obtaining a complete cure.

If the man hurt does not accept all this, then the whole amount is to be totalled up and paid to the king as ‘fine.’ — (287)

 

Explanatory notes by Ganganath Jha:

‘Prāṇa’ — ‘vital strength’ (Medhātithi); — ‘breathing power’ (Govindarāja and Rāghavānanda).

This verse is quoted in Vivādaratnākara (p. 270); — and in Vyavahāra-Bālambhaṭṭī (p. 912).

 

Comparative notes by various authors:

(verses 8.286-287)

See Comparative notes for Verse 8.286.

 

 

VERSE 8.288

Section XLII - Assaults

 

द्रव्याणि हिंस्याद् यो यस्य ज्ञानतोऽज्ञानतोऽपि वा ।
स तस्योत्पादयेत् तुष्टिं राज्ञे दद्याच्च तत्समम् ॥२८८॥

dravyāṇi hiṃsyād yo yasya jñānato'jñānato'pi vā |
sa tasyotpādayet tuṣṭiṃ rājñe dadyācca tatsamam ||288||

 

When a man, either intentionally or unintentionally, damages the goods of another, he shall give satisfaction to him and pay to the king a fine equal to it. — (288)

 

Medhātithi’s commentary (manubhāṣya):

‘Goods’ — Household articles, — such as the winnowing basket, the mortar, the jar-platform, the pot and so forth, — or things in connection with which no special punishments have been laid down.

The ‘damage’ to these consists in destroying their original shape, even though they still continue to be of use.

‘Intentionally or unintentionally’; — there is no distinction to be made, whether the injury is done by chance, carelessness, or intentionally.

He shall ‘give satisfaction’ to the owner of the goods, either by offering to him another article of the same kind, or by paying him the price of the damaged article, or by apologising. And to the king he shall pay the price of that article.

To this rule, there are some exceptions’ (and these are noted below). — (288)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 820); — in Vivādaratnākara (p. 352), which adds that each case has to be taken on its merits, in relation to the quality of the property damaged; — in Mitākṣarā (p. 264); — and in Vivādacintāmaṇi (p. 151).

 

Comparative notes by various authors:

(verses 8.288-289)

Arthaśāstra (pp. 108-109). — (See under 285, then) — ‘For damaging such things as clothes, ornaments, gold-vessels, the first amercement and also double the value of the article damaged.’

Kātyāyana (Vivādaratnākara, p. 353). — ‘If a man should damage, injure or destroy any articles, he should be made to pay the lowest amercement.’

 

 

VERSE 8.289

Section XLII - Assaults

 

चर्मचार्मिकभाण्डेषु काष्ठलोष्टमयेषु ।
मूल्यात् पञ्चगुणो दण्डः पुष्पमूलफलेषु च ॥२८९॥

carmacārmikabhāṇḍeṣu kāṣṭhaloṣṭamayeṣu |
mūlyāt pañcaguṇo daṇḍaḥ puṣpamūlaphaleṣu ca ||289||

 

In the case or leather and leathern vessels, and in that of those made of wood or clay, the fine shall be five times their value; as also in the case of flowers, roots and fruits. — (289)

 

Medhātithi’s commentary (manubhāṣya):

Between ‘carma’ and ‘cārmika’ we have the copulative compound, and between the compound thus formed and the term ‘bhāṇḍa’ we have the Determinate Compound. Or, there is Determinate Compound between ‘carma’ and ‘cārmika,’ and Copulative Compound between the compound thus formed and the term ‘bhāṇḍa.’

‘Leathern’ means made of leather; and ‘leathern vessels’ meant are the leather-bottle and such other articles.

‘Leather’ — stands for the mere skin of the cow and other animals, not made into anything.

Or, the term ‘leathern vessel’ may stand for such vessels as are made of leather only, while ‘leathern vessel’ for those that are only bound up with leather.

Vessels ‘made of wood’ — the mortar, the pestle, the board and so forth.

‘Clay’ is a form of earth, i.e., earth hardened into the form of stone; and vessels made of these are the cooking utensils, etc.

In the case of damage done to these ‘the fine shall be five times their price’; and the satisfaction of the owner has of course got to be brought about. — (289)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 352), which adds the following notes: — ‘Cārmikam’, ‘shoes and other leather goods,’ — some people explain that in the expressions ‘carmacārmikam’, the first ‘carma’ serves the purpose of making the meaning clearer, — ‘kāṣṭhamayam’, the Prostha and such things, — ‘loṣṭṛamayam’, the jar and such things, — the fine equal to five times the value of the flowers eta is one that has been laid down by Bṛhaspati also, but elsewhere Manu has laid down the fine to be hundred and more times the value of the flower etc., — and these are to be reconciled by the view that the exact fine in each case is to be determined by the quality of the flower etc., damaged; — it has to be noted that the satisfaction of the injured party has to be seemed in these cases also.

It is quoted in Aparārka (p. 820).

 

Comparative notes by various authors:

(verses 8.288-289)

See Comparative notes for Verse 8.288.

 

 

VERSE 8.290

Section XLII - Assaults

 

यानस्य चैव यातुश्च यानस्वामिन एव च ।
दशातिवर्तनान्याहुः शेषे दण्डो विधीयते ॥२९०॥

yānasya caiva yātuśca yānasvāmina eva ca |
daśātivartanānyāhuḥ śeṣe daṇḍo vidhīyate ||290||

 

In the case of the conveyance, its rider and its owner, they lay down ten exclusions; for the rest penalties are prescribed. — (290)

 

Medhātithi’s commentary (manubhāṣya):

The present text proceeds to show that in some oases, even though some damage may be done, it is not regarded as an offence.

‘Conveyance’ — the cart and so forth, riding on which people go on a journey. These carts are drawn by bullocks, mules, buffaloes and such animals. These same animals also, when ridden upon, may be taken as meant by the term ‘Conveyance.’

‘Rider’ — the driver and other persons riding in the cart.

‘Owner of the conveyance,’ — the person to whom the conveyance belongs.

By the force of the running wheels of these carts, or by that of the horse or other animals pulling the cart on the

road, some damage or death may be caused; and all such cases would come under the law relating to ‘owner and keeper’ laid down in verse 229 et seq. But in all these, the fault lies sometimes with the rider, sometimes with the owner, sometimes with both, sometimes with no one; and these details not having been dealt with on the previous occasion, they are taken up now.

‘Exclusions’ — i.e., cases where there is no punishment for the injury; and which therefore are not regarded as offences to be penalised.

‘For the rest’; — i.e., for cases other than those just, enumerated, penalties are prescribed; and these are now going to be described. — (290)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 280), which adds the following notes: — ‘Yāna’, the chariot and the rest, — ‘yantṛ’, the charioteer, — ‘ativartanāni’, ‘lying beyond punishment’, i.e., not to be punished; — and in Vyavahāra-Bālambhaṭṭī (p. 1040).

 

Comparative notes by various authors:

(verses 8.290-294)

Yājñavalkya (297-299). — ‘In the cases of injury caused through quadrupeds, or through wood and bricks, or through stones, beasts of burden or conveyances, there is no offence, if the man operating calls out — Move out of the way; — nor does any offence attach to the owner of the conveyance, if the injury caused by it has been due, either to the snapping of the nose-string, or to the breaking of the yoke, or to the cart moving backwards. In the case of tusked and horned animals committing havoc, if the owner, though able to do so, does not check them, he should be made to pay the first amercement; and double of this when the man about to be injured has cried for help.’

 

 

VERSE 8.291-292

Section XLII - Assaults

 

छिन्ननास्ये भग्नयुगे तिर्यक्प्रतिमुखागते ।
अक्षभङ्गे च यानस्य चक्रभङ्गे तथैव च ॥२९१॥

छेदने चैव यन्त्राणां योक्त्ररश्म्योस्तथैव च ।
आक्रन्दे चाप्यपैहीति न दण्डं मनुरब्रवीत् ॥२९२॥

chinnanāsye bhagnayuge tiryakpratimukhāgate |
akṣabhaṅge ca yānasya cakrabhaṅge tathaiva ca ||291||

chedane caiva yantrāṇāṃ yoktraraśmyostathaiva ca |
ākrande cāpyapaihīti na daṇḍaṃ manurabravīt ||292||

 

When there is snapping of the nose-string, when the yoke is broken, when it turns sideways or backwards, when the axle breaks, and when the wheel is broken; (291) when the fittings or the yoking strap or the bridle are torn, and when there has been the loud cry ‘get out of the way,’ — there is no punishment; so has Manu declared — (292)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.291-292)

The text proceeds to show the cases where there is no offence.

‘Nāsya’ is that which pertains to the nose; the term ending in the affix ‘yat,’ which is added because the basic noun ‘nāsā’ is the name of a limb of the body. It stands for the string that passes through the nostrils of the bullocks, as also for the bridle of the horse, or the goad of the elephant — When this has ‘snapped.’

‘When the yoke is broken’; — ‘yoke’ is the name of a piece of wood forming part of the cart. The compound ‘chinnanāsyā,’ taken as Bahuvrīhi, refers to the cart or to the animal, both of these being connected with it, either directly or indirectly.

‘When it turns sideways or backwards,’ — i.e., when the cart so turns. When, either on account of the uneven ground, or by reason of the animal having taken fright, the cart turns either sideways or backwards, and some one happens to be hurt, — there lies no offence. The driver can sec and guard against things only in front of him; so that when the cart turns sideways, how can ho sec and avoid striking against anything that may be there?

‘Turning backwards’ means turning round.

Others explain this phrase to mean that no offence lies in a case where the injured party has turned sideways, while the cart is going on its straight course; and ‘pratimukha’ they explain as ‘in front.’ The reason for there being no offence in this case is that it is the fault of the injured person himself why he did not make way for the cart coining in front of himself.

‘Axle’ and ‘wheel’ are well known parts of the cart.

‘Fittings’ — the leather thongs with which the wooden parts of the chariot are tied up.

‘Yoking strap’ — the piece of wood on the neck of the animal.

‘Bridle’ — the string with which the movements of the yoked animals are controlled.

‘Loud cry’ — ‘get out of the way’ — i.e., move off. When the animals have gone out of hand, if the driver keeps on crying ‘get out of the way,’ if some one coming by that way happens to be hurt, the fault does not lie with the driver. — (291-292)

 

Explanatory notes by Ganganath Jha:

(verses 8.291-292)

These verses are quoted in Aparārka (p. 863); — in Mitākṣarā (p. 299), to the effect that the man is not liable to punishment as the damage is not due to any act of his. Bālambhaṭṭī notes that under the ten circumstances here enunciated, neither the owner nor the driver of the chariot deserves any punishment; — the adjectives ‘chinnanāsye’ etc., refer to the bullocks or other animals yoked to the chariot, — the ‘yuga’ is a piece of wooden pole, — if the piece of wood inside the wheel should happen to be broken on account of the unevenness of the road, — if the ropes with which the several parts of the chariot are bound should be snapped, — similarly on the snapping of the yoking-strap or the reins, — the ‘yoktra’ being the yoking-strap with which the shaft is tied to the back of the bullock, — the tenth circumstance is that when the driver or some one in the chariot has been crying aloud ‘turn aside’; — if under any of these ten circumstances, the chariot should happen to do damage to any living being or to any property, the driver and the rest are not liable to any punishment.

It is quoted in Vivādaratnākara (p. 281), which adds the following notes: — ‘Chinnānasye,’ the string connected with the nostrils snapping, — ‘bhinnayuge’, the wooden yoking-shaft breaking, — movement caused by something coming up either sideways on in front, i.e., if by reason of something else coming up sideways, or in front, the chariot should be turned aside and thereby do damage, there is to be no punishment, — ‘akṣa’ is the piece of wood in the wheel (the axle), — ‘yantrāṇām’, the thongs with which the yoking shaft is tied up, — ‘raśmi’, the reins, — if the driver or some one else calls out loudly ‘move off’, and yet disregarding the warning, some one comes too near the chariot and becomes hurt, then the driver and others are not to be punished.

It is quoted in Parāśaramādhava (Vyavahāra, p. 290), to the effect that in a case where the hurt is caused by some one who is helpless in the matter, he is not to be punished.

 

Comparative notes by various authors:

(verses 8.290-294)

See Comparative notes for Verse 8.290.

 

 

VERSE 8.293-294

Section XLII - Assaults

 

यत्रापवर्तते युग्यं वैगुण्यात् प्राजकस्य तु ।
तत्र स्वामी भवेद् दण्ड्यो हिंसायां द्विशतं दमम् ॥२९३॥

प्राजकश्चेद् भवेदाप्तः प्राजको दण्डमर्हति ।
युग्यस्थाः प्राजकेऽनाप्ते सर्वे दण्ड्याः शतं शतम् ॥२९४॥

yatrāpavartate yugyaṃ vaiguṇyāt prājakasya tu |
tatra svāmī bhaved daṇḍyo hiṃsāyāṃ dviśataṃ damam ||293||

prājakaśced bhavedāptaḥ prājako daṇḍamarhati |
yugyasthāḥ prājake'nāpte sarve daṇḍyāḥ śataṃ śatam ||294||

 

When however, on account of the driver’s ineptitude, the cart turns off and causes injury, the owner shall be punished with a fine of two hundred. — (293) If the driver is a trained one, it is he that should be punished; if the driver is untrained, all the occupants of the cart should be fined a hundred each. — (294)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.293-294)

‘Driver’ — the man who drives the cart; his ‘ineptitude’ consists in his being not trained. What is said here applies to the case where the accident is due to this, and not to want of care; for when the driver is a trained one, the punishment should fall on him, there being no fault on the part of the master.

On account of the said ‘ineptitude,’ if the cart suddenly happens to ‘turn off,’ — i.e., giving up the right path, swerves off either sideways or backwards, — and should thereby cause some damage, the owner should he fined for having employed an untrained driver.

In view of what is going to be said regarding the case ‘when a man is killed’ (296), where diverse penalties are prescribed in accordance with the nature of the living being injured or article damaged, — significance cannot be attached to what is said in the present verse regarding the fine being ‘two hundred’; all that is meant by the declaration is that the case cited is one calling for punishment; specially as there is nothing else (apart from the specific cases mentioned below) to which the exact amount of fine here laid down may he taken as applicable. — (293-294)

 

Explanatory notes by Ganganath Jha:

(verse 8.293)

This verse is quoted in Aparārka (p. 863), which explains ‘prājaka’ as the driver and ‘swāmi’ as the man riding in the chariot; — in Smṛtitattva (p. 530), which explains the meaning to be that, in a case where the chariot goes astray on account of the inefficiency of the driver, and causes hurt to some one, a fine of 200 should be imposed on the owner of the chariot for the offence of having engaged an inept driver; — in Bālambhaṭṭī (2.299) which adds the same explanation as the one just given; — and in Vivādaratnākara (p. 282), which adds the following notes: — In a case where the owner of the chariot has employed an inefficient driver, and the horses go astray by reason of the driver’s inefficiency, and if there be any damages caused by this, then the owner should be fined 200.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 1041).

(verse 8.294)

This verse is quoted in Vivādaratnākara (p. 282), to the effect that in a case where the driver is efficient, the punishment shall be inflicted upon him; and it explains ‘āptaḥ’ as ‘fully expert’; — and in Mitākṣarā (2.300) which adds, that if the owner employs an expert driver, then it is the driver that is to be punished, not the owner; — and in Vyavahāra-Bālambhaṭṭī (p. 1042).

 

Comparative notes by various authors:

(verses 8.290-294)

See Comparative notes for Verse 8.290.

 

 

VERSE 8.295

Section XLII - Assaults

 

स चेत् तु पथि संरुद्धः पशुभिर्वा रथेन वा ।
प्रमापयेत् प्राणभृतस्तत्र दण्डोऽविचारितः ॥२९५॥

sa cet tu pathi saṃruddhaḥ paśubhirvā rathena vā |
pramāpayet prāṇabhṛtastatra daṇḍo'vicāritaḥ ||295||

 

But if he happens to be stopped on the road and causes the death of a living being, either through animals or through the cart, — in such a case there is no doubt regarding punishment. — (295)

 

Medhātithi’s commentary (manubhāṣya):

Penalty for causing hurt has been described; the text proceeds to lay down details regarding it.

If ‘he’ — the driver — ‘happens to be stopped’ — his movement obstructed — ‘on the road’ — by some dense mass coming in front of him; while thus placed behind that mass, either on account of carelessness, or by reason of being untrained, he continues to urge forward the animals yoked to his cart, and then suddenly pulls them up, — another cart happens to be close hy, — then, by the sudden stoppage of the speed of his cart, he happens to cause the death of men or other living beings, — either through the ‘animals’ — horses or others — yoked to the other cart, — or ‘through the cart’ itself, or through some parts of it; — in such a case ‘there is no doubt regarding the punishment,’ punishment is certain.

Or, when the fast-running horses, on being suddenly pulled up, at the sight of some obstacle in front, turn off sideways and kill the men that may be there on one side, or behind the cart, — then in such a case ‘there is no doubt regarding punishment,’ — i.e. there is no punishment at all; and this for the simple reason that there is no fault of the driver in this case.

Or, the words may he construed to mean that — when the cart is ‘on the road’ — i.e., standing on the road; — or ‘stopped’ — i.e., pulled up — then in such a case the punishment is ‘vicāritaḥ’ (this being the reading in place of ‘avicāritaḥ’), i.e., specially prescribed. — (295)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 282), which explains the meaning to be that in a case where being inefficiently driven by the driver, the chariot happens to be obstructed on the road by another chariot or by an animal, and thereby causes hurt to a living being, the punishment is to be inflicted on the driver, ‘avicāritaḥ,’ most surely.

It is quoted in ‘Bālambhaṭṭī’ on 2.300.

 

Comparative notes by various authors:

(verses 8.295-298)

Kātyāyana (Vivādaratnākara, p. 284). — ‘If any animal happen to be killed, the man should be made to pay a fine according to the character of the animal killed, and the value of the animal to its owner.’

Viṣṇu (5.50-54). — ‘He who kills domestic animals shall pay a fine of 100 kārṣāpaṇaṣ; — he shall make good their value to the owner; be who kills wild animals shall pay 500 kārṣāpaṇas; a killer of birds or fish, ten kārṣāpaṇas; a killer of insects, one kārṣāpaṇa.’

 

 

VERSE 8.296

Section XLII - Assaults

 

मनुष्यमारणे क्षिप्रं चौरवत् किल्बिषं भवेत् ।
प्राणभृत्सु महत्स्वर्धं गोगजोष्ट्रहयादिषु ॥२९६॥

manuṣyamāraṇe kṣipraṃ cauravat kilbiṣaṃ bhavet |
prāṇabhṛtsu mahatsvardhaṃ gogajoṣṭrahayādiṣu ||296||

 

If the case of a man being killed, on the spot, the guilt would be similar to that of the thief; and half of that in the case of the larger animals, such as cows, elephants, camels, horses and the like. — (296)

 

Medhātithi’s commentary (manubhāṣya):

If on account of the driver being in the position above described, a man happens to be killed by the cart or by the animals yoked to it, then his ‘guilt’ — i.e., his punishment — ‘would be similar to that of the thief.’

Though the punishment laid down for the thief is either ‘death’ or ‘confiscation of the entire property’ and so forth, yet in the present context it is the fine that is meant, and not ‘death’; as is clear from the words — ‘Half of that in the case of the larger animals,’ — since it is only of the fine that there can be a ‘half.’

The ‘fine’ for the ‘thief’ has been held to be the ‘highest amercement,’ on the ground that the fine for killing smaller animals, which occupy the third place in the scale — having been put down at ‘two hundred,’ it is only right that in the case of human beings, who occupy the first place in the scale, it should be the ‘highest amercement.’

‘Animals,’ — living beings, such as man, beasts and birds,etc.

‘Larger’; — in the case of ‘cows,’ ‘largeness’ consists in their superior quality, while in that of the elephant and other animals, it consists in their size.

The phrase ‘and the like’ is meant to include the ass, the mule, the tiger and others.

Our opinion on this point however is as follows: — If the other punishments of the ‘thief’ were not meant to be applicable to the present case, then the author would have simply mentioned ‘a thousand’ as the fine. The mention of the ‘half’ may justify the exclusion of the penalty of ‘death’; but all the other penalties, — such as ‘confiscation of the entire property,’ and so forth — that have been prescribed in the case of the thief, — must be taken as meant to be applicable to the case of men.

“It cannot be right to apply to the case of man-killing any penalty other than ‘death’; because under 8.323 below, it is clearly laid down in so many words that ‘death’ shall be the penalty in the case of killing a man. Under the circumstances, why should the other explanation (whereby only the other penalties are made applicable) be accepted, simply because the term ‘half’ happens to be used in another sentence? It would be far better to attribute some other figurative meaning to the term ‘half’ itself.”

This would be true if there were any other way of construing the term ‘half’ with ‘death.’ ‘Punishment similar to that of the thief’ having been prescribed, it would not be right to take it to mean one thing (death) in the first sentence and another thing (fine, etc.) in the second. — (296)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 283), which adds the following notes: — The term ‘chauravat’ indicates the fine that has been prescribed in connection with the ‘highest amercement’, — and not mutilation or death; as there could be no ‘half’ of the latter, — such a half being prescribed in the latter part of the verse for causing hurt to cows and such other animals.

It is quoted in Vyavahāramayūkha (p. 109); — in Parāśaramādhava (Vyavahāra, p. 291); — and in Mitākṣarā (2.300), where Bālambhaṭṭī adds the following noṭes: — If a man is killed by a chariot, going astray by reason of the careless driver, then he at once becomes as great an offender as a thief, and liable to be punished as a thief ‘Kilviṣam’ is another reading for ‘kilviṣī’; and the penalty meant here must be the ‘highest amercement,’ not death, since the second half of the verse speaks of the ‘half’ of the said penalty, by which ‘half a fine of 500 is meant, for the offence of killing such larger animals as the cow and the like.

 

Comparative notes by various authors:

(verses 8.295-298)

See Comparative notes for Verse 8.295.

 

 

VERSE 8.297

Section XLII - Assaults

 

क्षुद्रकाणां पशूनां तु हिंसायां द्विशतो दमः ।
पञ्चाशत् तु भवेद् दण्डः शुभेषु मृगपक्षिषु ॥२९७॥

kṣudrakāṇāṃ paśūnāṃ tu hiṃsāyāṃ dviśato damaḥ |
pañcāśat tu bhaved daṇḍaḥ śubheṣu mṛgapakṣiṣu ||297||

 

In the case of hurting petty animals, the fine is two h undred; and fifty in the case of the auspicious quadrupeds and birds. — (297)

 

Medhātithi’s commentary (manubhāṣya):

Animals of small size are called ‘petty’; these may, in some cases, be ‘petty’ in age, — as in the case of the calf, the elephant-cub and. so forth; and in others they may he ‘petty’ in quality, — as the ram and such animals. As for the latter, the author is going to lay down ‘five māṣas’ as the fine for killing goat and sheep. Hence the present text must be taken as referring to the small-sized animals other than those two.

‘Auspicious quadrupeds’ are the deer and similar animals; which are ‘auspicious’ in shape, as well as quality; and ‘birds,’ such as the swan, the parrot and so forth. And the ‘inauspicious quadrupeds and birds’ are the crow, the owl, the jackal and so forth.

The term ‘paśu’ here stands for quadrupeds.

People have held that the penalties laid down here refer to ‘hurt’ in general, and not to ‘hurt’ caused by conveyances, which form the subject-matter of the context. Because, it is contended, the treatment of the subject of ‘hurt caused by conveyances’ was finished at verse 295, — where it was declared that the punishment (for hurt caused by conveyances) has been ‘vicāritaḥ,’ which means that ‘its consideration has been finished.’ And hence it is held that what is declared in the present verse has no connection with that context.

Similarly under verse 290, in the sentence ‘half of that in the case of the larger animals,’ the penalty spoken of as ‘half’ should, on the strength of other Smṛtis, be taken as referring to the cutting off of the hand or some such limb, which would he a minor form of ‘death’ (and hence ‘half’). — (297)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.300), where Bālambhaṭṭī adds the following notes: — ‘Kṣūdra-paśu’ are smaller animals, — these smaller ones being either in age, e.g., calves &c., or in quality, e.g., goats &c.; but it is the former that are meant here; so that for the killing of a young calf the fine would be 200; in the case of birds that are auspicious — in shape or in quality, — ‘mṛga,’ the ruru, the pṛṣata and other species of the deer, — birds, such as the parrot, the swan and so forth, — the fine is 50.

It is quoted in Vivādaratnākara (p. 283), which adds the following notes: — ‘Kṣudra’ means small; and ‘smallness’ is of two kinds — due to age, as in the case of the elephant cub, and due to quality, as in the case of the goat and the like; the ‘śubha mṛga’ are the Ruru, the Pṛṣata and so forth; and ‘śubha’ birds are the parrot and the like.

It is quoted in Vyavahāramayūkha (p. 109); — and in Parāśaramādhava (Vyavahāra, p. 291).

 

Comparative notes by various authors:

(verses 8.295-298)

See Comparative notes for Verse 8.295.

 

 

VERSE 8.298

Section XLII - Assaults

 

गर्धभाजाविकानां तु दण्डः स्यात् पञ्चमाषिकः ।
माषिकस्तु भवेद् दण्डः श्वसूकरनिपातने ॥२९८॥

gardhabhājāvikānāṃ tu daṇḍaḥ syāt pañcamāṣikaḥ |
māṣikastu bhaved daṇḍaḥ śvasūkaranipātane ||298||

 

In the case of donkeys, goat and sheep the fine shall consist of five ‘māṣas’; and the fine shall be one ‘māṣa’ for the killing of a dog ok a pig. — (298)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘pāñcamāṣika’ means ‘that of which five māṣas is the measure’; since the substance is not mentioned of which there shall be ‘five māṣas,’ the most reasonable conclusion is to take the mean, i.e., a substance of medium quality; hence it is ‘five māṣas’ of silver that is meant; so say some people.

But the right view is to take it as referring to gold; and in this sense the present assertion does not militate against anything that has been said before with regard to its being ‘equal to it’ (?)

The final conclusion is that the exact substance is to be determined in accordance with the circumstances of each individual case. — (298)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p; 283), which notes that the ‘māṣaka’ is equal to two kṛṣṇalas, as declared by Pārijāta; — in Parāśaramādhava (Vyavahāra, p. 291); — and in Mitākṣarā (2.300), where Bālambhaṭṭī adds the following notes: — For the killing of a donkey, or goat, or sheep, the fine consists in silver, 5 Māsas in weight, and not gold, and for the killing of a dog or a pig, one Māṣa of silver. It notes both the readings, ‘pāñcamāṣikaḥ... māṣikaḥ’ and ‘pañcamāṣakaḥ...... māṣakaḥ’.

 

Comparative notes by various authors:

(verses 8.295-298)

See Comparative notes for Verse 8.295.

 

 

VERSE 8.299

Section XLII - Assaults

 

भार्या पुत्रश्च दासश्च प्रेष्यो भ्रात्रा च सौदरः ।
प्राप्तापराधास्ताड्याः स्यू रज्ज्वा वेणुदलेन वा ॥२९९॥

bhāryā putraśca dāsaśca preṣyo bhrātrā ca saudaraḥ |
prāptāparādhāstāḍyāḥ syū rajjvā veṇudalena vā ||299||

 

The wife, the son, the slave, the servant and the uterine brother shall be beaten with a rope or a split bamboo, when they have committed a fault. — (299)

 

Medhātithi’s commentary (manubhāṣya):

‘Prāptāparādhāḥ,’ — those who have fallen upon, committed, a fault. ‘Fault’ means transgression of morality; when any such has been committed by them, they should he beaten.

As a matter of fact, beating is a form of hurt, and as such is forbidden by the general law — ‘no living beings shall be injured’; but an exception to this is made in the case of transgressions by the wife and other persons.

All these are relative terms; hence the meaning is that the wife is to be chastised by him whose wife she is, the slave is to be chastised by him who is his master, and so forth.

What is enjoined here is the method of keeping the persons on the right path, and not actual beating; so that chastisement may be administered verbally; and in cases where the fault is serious, there may also be beating.

In the place of ‘uterine’ we should read ‘younger,’ and the right reading would thus be ‘bhrātā tathānujaḥ’; since it is the younger brother that may be chastised by his elder brother, like a child. The half-brother also is under the tutelage of the elder brother, if the latter is a duly qualified person; hence he also, if he takes to the wrong path, should be prevented by all the methods, ending with beating,

‘Split bamboo’ — the bark of the bamboo. This has been mentioned only as illustrative of the lotus-fibre and other such objects which cause only slight pain. — (299)

 

Explanatory notes by Ganganath Jha:

Cf. 4.164.

This verse is quoted in Vivādaratnākara (p. 271), which explains that the younger ‘brother’ is meant; — in Vīramitrodaya (Saṃskāra, p. 514); — in Aparārka (p. 610, and also p. 817); — in Vyavahāra-Bālambhaṭṭī (pp. 572 and 919); — in Saṃskāramayūkha (p. 52); — in Samskāraratnamālā (p. 314), which says that the specific mention of the ‘uterine’ brother indicates that the half-brother shall not be beaten; — and in Smṛticandrikā (Saṃskāra, p. 142), which says that this beating should be done only when the boy proves intractable to chiding and other means; — and in Vivādacintāmaṇi (Calcutta, p. 76).

 

Comparative notes by various authors:

(verses 8.299-301)

Gautama (2.42-44). — ‘As a rule, a pupil shall not be punished corporally, — if no other course is possible, he may be corrected with a thin rope or a thin cane; if the teacher strikes him with any other thing, he should be punished by the King.’

Āpastamba (1.8.28-29). — ‘If the pupil commits faults, the teacher shall always reprove him; — frightening, fasting, bathing in cold water and expulsion from the teacher’s presence are the punishments to be employed, according to the seriousness of the fault, until the pupil leaves off the mischief.’

Yama (Vivādaratnākara, p. 2.). — ‘Wife, son, slave, slave-girl and pupil, — when these commit a fault, they should be chastised with a rope or with split bamboo; but in the lower, never in the higher, parts of the body: — if one strikes them otherwise, he should be punished.’

Nārada (Do.). — ‘If the pupil docs not obey the teacher, he should be chastised, without hurting him, either with a thin rope or with split bamboo; the teacher shall not beat him much, nor in the head or on the chest. Behaving otherwise than this, the teacher should be punished by the King.’

 

 

VERSE 8.300

Section XLII - Assaults

 

पृष्ठतस्तु शरीरस्य नोत्तमाङ्गे कथं चन ।
अतोऽन्यथा तु प्रहरन् प्राप्तः स्याच्चौरकिल्बिषम् ॥३००॥

pṛṣṭhatastu śarīrasya nottamāṅge kathaṃ cana |
ato'nyathā tu praharan prāptaḥ syāccaurakilbiṣam ||300||

 

But only on the back part of the body, and never on the upper part; he who strikes otherwise than this incurs the guilt of a thief. — (300)

 

Medhātithi’s commentary (manubhāṣya):

He who strikes with things other than those specified — i.e., with a stick or such things — or on a part of the body other than those mentioned, — i.e., on the eye, etc. — ‘incurs the guilt of a thief.’

This is only meant to be deprecatory of the act referred to; and is not the injunction of an actual punishment; so that in this case also the penalty shall be the same as that in other oases of ‘hurt.’ — (300)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 514); — in Aparārka (p. 610), which explains that ‘kilviṣam’ means ‘an offence deserving punishment’; — again on p. 817, where ‘kilviṣam’ is explained as ‘punishment’; — in Vivādaratnākara (p. 271), which explains ‘pṛṣṭhataḥ’ as ‘not in a vital part,’ and ‘uttamāṅge’ also as ‘in a vital part’; — in Vidhānapārijāta (p. 530); — in Mitākṣarā (2.32), in support of the view that, if, in a fit of passion, the Teacher should strike the pupil in a vital part of the body, and the boy should complain before the king, then it becomes an admissible suit; — in Vyavahāra-Balambhaṭṭī (pp. 572 and 919); — in Nṛsiṃhaprasāda (Saṃskāra, 47b); — in Saṃskāramayūkha (p. 52) to the effect that no one should be struck on the head; — in Saṃskāraratnamālā (p, 315), which says that ‘uttamāṅga’ means ‘head’; — in Smṛticandrikā (Saṃskāra, p. 142); — and in Vivādacintāmaṇi (Calcutta, p. 76).

 

Comparative notes by various authors:

(verses 8.299-301)

See Comparative notes for Verse 8.299.

 

 

VERSE 8.301

Section XLII - Assaults

 

एषोऽखिलेनाभिहितो दण्डपारुष्यनिर्णयः ।
स्तेनस्यातः प्रवक्ष्यामि विधिं दण्डविनिर्णये ॥३०१॥

eṣo'khilenābhihito daṇḍapāruṣyanirṇayaḥ |
stenasyātaḥ pravakṣyāmi vidhiṃ daṇḍavinirṇaye ||301||

 

Thus has the law relating to physical assault been fully explained; after this I am going to expound the law for the regulating of punishments in cases of theft. — (301)

 

Medhātithi’s commentary (manubhāṣya):

‘The law relating to assault’ — the rules regarding punishments — has been fully explained. The term ‘daṇḍa’ as occurring in the name of the ‘head of dispute’ ( daṇḍapāruṣya), has been used as indicating the weapon of assault (stick).

After this I am going to expound the several kinds of penalties to be inflicted on the thief.

This verse serves the purpose of introducing the next head. — (301)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 286).

 

Comparative notes by various authors:

(verses 8.299-301)

See Comparative notes for Verse 8.299.

 

 

VERSE 8.302 [Theft (steya)]

Section XLIII - Theft (steya)

 

परमं यत्नमातिष्ठेत् स्तेनानां निग्रहे नृपः ।
स्तेनानां निग्रहादस्य यशो राष्ट्रं च वर्धते ॥३०२॥

paramaṃ yatnamātiṣṭhet stenānāṃ nigrahe nṛpaḥ |
stenānāṃ nigrahādasya yaśo rāṣṭraṃ ca vardhate ||302||

 

The King shall, make the best efforts for suppressing thieves; by the suppression of thieves comes fame and the kingdom prospers. — (302)

 

Medhātithi’s commentary (manubhāṣya):

It is possible that a certain king may be too merciful and hence not undertake the work of suppressing thieves, regarding it to be a cruel act of injury; hence with a view to prompt such a king to do his duty, the text puts forward a valedictory passage appraising the suppression of thieves. The meaning is that the act of punishing thieves does not involve anything wrong in the way in which the ‘injury of living beings’ does; on the contrary, in the case of thieves, it is the act of inflicting hurt on them which serves a visibly useful purpose and enhances the fame of the king.

In the present work several purely valedictory passages have been introduced with a view to indicate that it belongs to the same category as the Veda, in which most of the injunctions are found to be accompanied by valedictory passages; so that from similarity to this latter, it would be thought that what is said in the text is sanctioned by the Veda. Further, there are certain persons who become more quickly prompted to a certain course of action by the force of valedictory descriptions.

‘Best efforts’ — He should have recourse to the bast and most vigilant methods; employing spies to try their best to track them down directly as well as openly.

‘Stena’ is thief.

‘Nigraha, suppression’ means putting down by such means as death, imprisonment and the like.

If this is done, the king acquires ‘fame’, good name; all the people saying — ‘The kingdom of this king is free from troubles, — thieves do not attack the people, — night is like day.’

‘The kingdom prospers.’ — ‘Kingdom’ means the country, and when its inhabitants are not attacked by thieves, they prosper in wealth and become affluent, and inhabitants of other countries also are attracted to settle in this kingdom on account of its being free from troubles; and thus also ‘the kingdom prospers.’ — (302)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 293); — and in Vivādacintāmaṇi (p. 124).

 

Comparative notes by various authors:

(verses 8.302-303)

Āpastamba (2.25.15). — ‘That King only takes care of the welfare of his subjects in whose dominions, be it in villages or forests, there is no danger from thieves.’

Viṣṇu (5.190). — ‘A king in whose dominion there exists neither thief, nor adulterer, nor calumniator, nor robber, nor murderer, attains the world of Indra.’

Yājñavalkya (1.335). — ‘He should guard his people against the attacks of calumniators, thieves, evil-doers, and great criminals, — specially those of Kāyasthas.’

Hārīta (Vivādaratnākara, p. 294). — ‘If in the dominion of a king wicked thieves prosper, that evil, reaching large proportions, destroys the very roots of that king.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 256). — ‘The King should save his people from the ravages of prostitutes, talkers, evil-doers, royal favourites, and specially, Kāyasthas.’

 

 

VERSE 8.303

Section XLIII - Theft (steya)

 

अभयस्य हि यो दाता स पूज्यः सततं नृपः ।
सत्त्रं हि वर्धते तस्य सदैवाभयदक्षिणम् ॥३०३॥

abhayasya hi yo dātā sa pūjyaḥ satataṃ nṛpaḥ |
sattraṃ hi vardhate tasya sadaivābhayadakṣiṇam ||303||

 

The King who imparts security is ever to be honoured; his sacrificial session constantly prospers, accompanied as it is by the gift of ‘security.’ — (303)

 

Medhātithi’s commentary (manubhāṣya):

‘Security’ — from thieves and such dangers, as also from his own officers, who are prevented from inflicting undue punishments. — He who ‘imparts’ such security ‘is to be honoured, ever’; i.e., even in ordinary conversation, and also when he happens to retire to the forest on having lost his kingdom.

‘Sacrificial session,’ — a particular form of sacrificial performance, such as the Gavāmayana and the like — ‘prospers’ — becomes accomplished in all its details; this is what is meant by the ‘prospering’ of the sacrifice.

What is meant is that the king acquires every day the merit that is obtained by the due performance of the sacrificial session.

‘The gift of security.’ — In other sacrificial sessions there is no gift or fee; the act here referred to however is superior to them all, in as much as it is accompanied by a gift, and the gift too is not in the form of cows and horses and the like, but of a totally different form; hence it is only right that it should be regarded as superior to the sacrificial session — (303).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 293), which adds that this act is called ‘Sattra’ on the ground of its having to be done day after day; and ‘abhaya-dakṣinām’ means ‘Sattra at which security is the sacrificial fee’; — and in Vivādacintāmaṇi (p. 124).

 

Comparative notes by various authors:

(verses 8.302-303)

See Comparative notes for Verse 8.302.

 

 

VERSE 8.304

Section XLIII - Theft (steya)

 

सर्वतो धर्मषड्भागो राज्ञो भवति रक्षतः ।
अधर्मादपि षड्भागो भवत्यस्य ह्यरक्षतः ॥३०४॥

sarvato dharmaṣaḍbhāgo rājño bhavati rakṣataḥ |
adharmādapi ṣaḍbhāgo bhavatyasya hyarakṣataḥ ||304||

 

To the King who protects (his people) accrues the sixth part of the spiritual merit of all persons; and the sixth of their demerit also accrues to him, if he protects them not — (301).

 

Medhātithi’s commentary (manubhāṣya):

The king obtains the sixth part of the spiritual merit arising from the open performance of sacrifices by the inhabitants of villages, as well as by those living in forests; so also the sixth part of the ‘demerit’ acquired by the secret acts of stealing and the like committed by thieves and others. It is not only by his failure to protect those who are robbed by thieves that the king incurs sin, but also by his failing to suppress those who, by committing theft and such other misdeeds, incur sin, a portion whereof falls upon the king. Because ‘protection’ also means saving them from the incurring of sin. So that if the king fails in this duty of his, it is only right that he should incur sin.

“In as much as the protection rendered by the king is in return for what he receives as wages (in the way of taxes), it is not right, to say that he obtains the sixth part of the people’s spiritual merit.”

It has already been explained that there are many persons who pay no taxes at all, — such as the poor, the orphans, the ascetics and so forth. So that if the king fulfills his full duty, what incongruity is there in the assertion made in the text? — (304)

 

 

Explanatory notes by Ganganath Jha:

“This is that famous ‘sixth’ of good or evil which the king draws upon himself by protecting or neglecting his people; he revives a sixth of the produce as tax (7.130), and in return, it may be, must give security to the realm, or he gets the same proportion of the fruits of their bad deeds; or (cf. verse 308) he takes all the sin of the world. Yājñavalkya says (1.334-336) he takes one-sixth of the fruit of their good deeds, but one half of their sin in case he does not protect them. Similarly the sixth or the twelfth part (8. 35), or half (8.39) is the share of the treasure the king receives; and again in 8.18 he receives a fourth of the fruits of the sin caused by a wrong decision in court.” — Hopkins, who refers to the Mahābhārata (13.61.34-35), where, in regard to the sin, different views (fourth part, half, whole) are set forth and then the conclusion stated in favour of the fourth part, which, it is said, is in accordance with the ‘teaching of Manu.’

This verse is quoted in Parāśaramādhava (Ācāra, p. 397); — in Vīramitrodaya (Rājanīti, p. 255); — in Nṛsiṃhaprasāda (p. 73p); — and in Vivādacintāmaṇi (p. 263).

 

Comparative notes by various authors:

(verses 8.304-305)

Yājñavalkya (1.334). — ‘Protecting the people according to law, the King obtains the sixth part of the spiritual merit of the people.’

Do. (1.335). — ‘Whatever sin is committed by the people not protected by the King, half of it goes to the King; since he takes taxes from them.’

Vaśiṣṭha (1.44). — ‘It has been declared in the Veda — “the King obtains the sixth part of the merit of sacrifices and charitable works.”’

Viṣṇu (3.48). — ‘A sixth part both of the virtuous deeds and of the iniquitous acts committed by his subjects goes to the King.’

Gautama (11.11). — ‘It is declared in the Veda that the King obtains a share of the spiritual merit gained by his subjects.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti). — ‘O Rāma, the King obtains the sixth part of the virtuous as well as the iniquitous deeds committed by his people; and also a portion of their spiritual merit, if he is engaged in protecting them.’

 

 

VERSE 8.305

Section XLIII - Theft (steya)

 

यदधीते यद् यजते यद् ददाति यदर्चति ।
तस्य षड्भागभाग् राजा सम्यग् भवति रक्षणात् ॥३०५॥

yadadhīte yad yajate yad dadāti yadarcati |
tasya ṣaḍbhāgabhāg rājā samyag bhavati rakṣaṇāt ||305||

 

When one reads the Veda, when one performs a sacrifice, when one makes gifts, when one worships, — to the sixth part of each of those the king becomes entitled, in consequence of properly protecting the people — (305).

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that the merit ‘of all persons’ accrues to the king; this same idea is elaborated in the present verse.

The reading of the Veda and the other acts are already known from other sources as bringing merit.

‘Worship’ — is the offering of worship to gods and to one’s superiors.

‘Of each of thoae’. — this should be construed with the term ‘adhyayanādeḥ’ ‘padārthasya’ (understood); since the term ‘kriyā’ would be feminine (and hence not construable with ‘tasya’).

‘Sixth part’; — this does not mean that ñvo parts of the fruit of the act accrue to the doer, and the sixth to the king; because it is understood that when the agent undertakes to do an act, he does it with the motive of obtaining its whole fruit; nor can the merit or demerit of an act done by one person accrue to another; as it is a settled fact that the fruit of an act cannot accrue to any oue else except the doer of it; hence what is meant is that the merit that accrues to the king from his act of fulfilling his duty of protecting the people is equal in amount to the said ‘sixth part’. — (305)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 254); — and in Vivādacintāmaṇi (p. 263).

 

Comparative notes by various authors:

(verses 8.304-305)

See Comparative notes for Verse 8.304.

 

 

VERSE 8.306

Section XLIII - Theft (steya)

 

रक्षन् धर्मेण भूतानि राजा वध्यांश्च घातयन् ।
यजतेऽहरहर्यज्ञैः सहस्रशतदक्षिणैः ॥३०६॥

rakṣan dharmeṇa bhūtāni rājā vadhyāṃśca ghātayan |
yajate'haraharyajñaiḥ sahasraśatadakṣiṇaiḥ ||306||

 

The king who, according to the law, protects all creatures and strikes them who deserve to be struck, offers, day by day, sacrifices at which hundreds of thousands are given away. — (306)

 

Medhātithi’s commentary (manubhāṣya):

‘Creatures’ — movable as well as immovable beings.

‘Protects’ — these from thieves.

‘Striking those who deserve to be struck’ — who are liable, under law, to the penalty of death.

Such a king daily acquires the merit of performing such sacrifices ‘at which hundreds of thousands are given away’ — e.g., the Pauṇḍarīka and the rest. This has been added by way of praise of the act — (306)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 254); — in Parāśaramādhava (Ācāra p. 397); — and in Vivādacintāmaṇi (p. 263).

 

 

VERSE 8.307

Section XLIII - Theft (steya)

 

योऽरक्षन् बलिमादत्ते करं शुल्कं च पार्थिवः ।
प्रतिभागं च दण्डं च स सद्यो नरकं व्रजेत् ॥३०७॥

yo'rakṣan balimādatte karaṃ śulkaṃ ca pārthivaḥ |
pratibhāgaṃ ca daṇḍaṃ ca sa sadyo narakaṃ vrajet ||307||

 

The king, who, without affording protection, takes tributes, taxes, duties, presents and fines, would immediately sink into hell. — (307)

 

Medhātithi’s commentary (manubhāṣya):

‘Tributes’ and the rest are the names of the various kinds of royal dues; known by several names in several countries, just like the words ‘sūpa’, ‘māṇavaka’ and the rest. Of these ‘tribute’ is the sixth part of the grain-produce; — ‘tax’ is what is paid in cash; — ‘duties’ are what the tradesmen pay; — ‘presents’ are offering of fruits and the like.

If a king takes all this, and yet does not protect the people from thieves, he would ‘immediately’ — having his life-span cut short — ‘sink into hell.’

The meaning of the verso is that — ‘for fear of having his life span cut short and sinking into hoH, the king should receive his dues and afford protection to the people.’ — (307)

 

Explanatory notes by Ganganath Jha:

‘Balim’ — ‘The share in kind, i.e., the sixth part of the harvest’ (Medhātithi, Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda); — ‘choice portions of grains and cattle &c.’ (Nandana).

‘Kararm’ — Tax in cash’ (Medhātithi, whose expression ‘dravyādāna’ has been misread by Buhler as ‘jaṅghā dāna’); — ‘taxes, paid monthly, or at fixed times by the villages’ (Govindarāja, Kullūka and Rāghavānanda).

‘Śulkam’ — ‘Tolls and duties payable by merchants’ (Medhātithi).

This verse is quoted in Parāśaramādhava (Ācāra, p. 397); — and in Vīramitrodaya (Rājanīti, p. 255),

 

Comparative notes by various authors:

(verses 8.307-309)

Yājñavalkya (1.338). — ‘If the King iniquitously adds to his treasury out of the realm, he, before long loses his prosperity and becomes ruined, along with his relations.’

Do. (1.335). — (See under 304-305.)

 

 

VERSE 8.308

Section XLIII - Theft (steya)

 

अरक्षितारं राजानं बलिषड्भागहारिणम् ।
तमाहुः सर्वलोकस्य समग्रमलहारकम् ॥३०८॥

arakṣitāraṃ rājānaṃ baliṣaḍbhāgahāriṇam |
tamāhuḥ sarvalokasya samagramalahārakam ||308||

 

He who affords no protection and devours the people, grabbing his tribute of the sixth part of the produce, — him they declare to be the imbiber of the filth of the whole people. — (308)

 

Medhātithi’s commentary (manubhāṣya):

This verse is a deprecatory supplement to what has gone before.

‘Affords no protection,’ and ‘devours’ — i.e., lives upon the people, by taking the royal dues. this same idea is stated more clearly — ‘grabbing his tribute.'

Such a king, all cultured men declare to be the ‘imbiber of’ — who draws upon himself — ‘fifth’ — sin — ‘of the whole people’ — of all his subjects. That is, such a king is befouled by the sins of his people. — (308)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 255).

 

Comparative notes by various authors:

(verses 8.307-309)

See Comparative notes for Verse 8.308.

 

 

VERSE 8.309

Section XLIII - Theft (steya)

 

अनपेक्षितमर्यादं नास्तिकं विप्रलुम्पकम् ।
अरक्षितारमत्तारं नृपं विद्यादधोगतिम् ॥३०९॥

anapekṣitamaryādaṃ nāstikaṃ vipralumpakam |
arakṣitāramattāraṃ nṛpaṃ vidyādadhogatim ||309||

 

He who heeds not the bounds of morality, who is a disbeliever, who is extortionate, who does not afford protection, and is grabbing, — such a king one should regard as doomed to perdition. — (309)

 

Medhātithi’s commentary (manubhāṣya):

‘Bounds of morality’ — i.e., moral laws based upon scripture and the usage of cultured men; he by whom those are ‘not heeded’ — i.e., who transgresses them.

‘Disbeliever’ — who holds that ‘there is no higher world, — there is nothing in charity — nothing in sacrifices.’

The former — ‘who heeds not the bounds of morality’ — is one who acts against the law, through hate and other passions (and who does not hold wrong opinions), while the latter is one who deities the law, and adheres to principles contrary to it.

‘Extortionate’ — he who extorts money from the people, by illegal fines and such other means.

Similar to him is ‘he who does not afford protection.’

‘Such a king one should regard as doomed to perdition,’ — i.e., as going to sink into hell before long.

Another reading for’ the last quarter is ‘asatyañca nṛpam tyajet’; — which means that if a king says one thing and does another, and is thus, ‘untruthful,’ — him ‘one should abandon,’ — i.e., one should not live in the realms of such a king. — (309)

 

Explanatory notes by Ganganath Jha:

‘Vipralumpakam’ — ‘Deserter of the Brāhmaṇa’ (Nandana, whose reading is ‘vipralopakam’); — ‘who takes property even from a Brāhmaṇa’ (Nārāyaṇa); — ‘rapacious, i.e., who takes (grains &c) improperly’ (Medhātithi).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 255), which explains ‘vipralopakam’ (which is its reading for ‘vipralumpakam’) as ‘one who injures the livelihood of the Brāhmaṇas’, — and ‘attaram’, ‘one who enjoys.’

 

Comparative notes by various authors:

(verses 8.307-309)

See Comparative notes for Verse 8.308.

 

 

VERSE 8.310

Section XLIII - Theft (steya)

 

अधार्मिकं त्रिभिर्न्यायैर्निगृह्णीयात् प्रयत्नतः ।
निरोधनेन बन्धेन विविधेन वधेन च ॥३१०॥

adhārmikaṃ tribhirnyāyairnigṛhṇīyāt prayatnataḥ |
nirodhanena bandhena vividhena vadhena ca ||310||

 

He shall carefully suppress the unrighteous by three modes (of restraint) — by imprisonment, by enchaining and by various forms of ‘immolation.’ — (310)

 

Medhātithi’s commentary (manubhāṣya):

Having duly emphasised, by means of valedictory declarations, the duty of restraining thieves, the text proceeds to lay down the law regarding punishments.

‘The unrighteous’ — stands, in this context, for the thief; him the king shall ‘suppress’ — keep in cheek — ‘by three modes of restraint,’ — the term ‘nyāy? (nyāya?)’ being used in the literal sense of ‘restraint.’

‘Imprisonment,’ — confinement in the royal fort, or in the prison-house.

‘Enchaining’ — keeping in the prison-house, but in chains. ‘Various forms of immolation,’ — i.e., beginning from beating and ending with actual death caused by the killing of the body.

That the methods of restraint are three would have been clear from the enumeration itself; hence the addition of the epithet ‘three’ is to be taken as serving the purpose of indicating that there are other methods of restraint also; such as the pouring of heated oil and so forth. — (310)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 630), which adds the following notes: — ‘Adhārmikam’ means, from the context, the thief, — ‘nyāyaiḥ’, restraints, checks, — ‘nirodhana’, throwing into prison, — ‘bandha’, restricting freedom by means of chains and so forth, — ‘vividhena vadhena’, in the form of beating and the like.

 

Comparative notes by various authors:

(verses 8.310-311)

Nārada (Theft, 61). — ‘Let the King practise the duties of his office, and follow the rule of inflicting punishments, faithful to the tenets of the sacred law. Let him accordingly, as governor, destroy the evil-doers, after having traced them by the application of cunning stratagems and arrested them.’

Bṛhaspati (27.4 et seq.). — ‘When he has discovered an offender, the King shall inflict one of the various kinds of punishments on him, viz., gentle admonition, harsh reproof, corporal punishment, or one of the four gradations of fines; he shall inflict gentle admonition when the offence is very light; harsh reproof, for a crime of the first degree; a fine for crime of the middle degree, and arrest in the case of high treason. Banishment also may be resorted to by the King.’

 

 

VERSE 8.311

Section XLIII - Theft (steya)

 

निग्रहेण हि पापानां साधूनां सङ्ग्रहेण च ।
द्विजातय इवैज्याभिः पूयन्ते सततं नृपाः ॥३११॥

nigraheṇa hi pāpānāṃ sādhūnāṃ saṅgraheṇa ca |
dvijātaya ivaijyābhiḥ pūyante satataṃ nṛpāḥ ||311||

 

For by suppressing the vicious and postering the virtuous, kings become purified, just as twice-born men by the daily sacrifices. — (311)

 

Medhātithi’s commentary (manubhāṣya):

Persons full of vice are called ‘vicious’; of these there should be ‘suppressing’ in the manner described above.

Those who behave in accordance with the scriptures are called the ‘virtuous’; — of these there should be ‘fostering,’ i.e., favourable treatment to the best of one’s ability.

By this ‘kings become purified’ — freed from sins — as if by the performance of expiatory rites.

This is only a commendatory declaration.

Or, being ‘purified’ may be taken as consisting in the non-incurring of sin.

Just as Brāhmaṇas are ‘purified’ by the ‘daily sacrifices’ — the daily performance of the five Great Sacrifices. — (311)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 618), which explains ‘pāpāḥ’ as sinners, — and ‘Sādhavaḥ’ as ‘persons acting in accordance with the scriptures.’

 

Comparative notes by various authors:

(verses 8.310-311)

See Comparative notes for Verse 8.310.

 

 

VERSE 8.312

Section XLIII - Theft (steya)

 

क्षन्तव्यं प्रभुणा नित्यं क्षिपतां कार्यिणां नृणाम् ।
बालवृद्धातुराणां च कुर्वता हितमात्मनः ॥३१२॥

kṣantavyaṃ prabhuṇā nityaṃ kṣipatāṃ kāryiṇāṃ nṛṇām |
bālavṛddhāturāṇāṃ ca kurvatā hitamātmanaḥ ||312||

 

The king should always forgive the partisans of litigants who abuse him, as also the young, the aged and the infirm, — thereby accomplishing his own welfare. — (312)

 

Medhātithi’s commentary (manubhāṣya):

‘Partisans of litigants,’ — i.e., the relations and friends of the plaintiff and the defendant. When one of the parties is imprisoned, his father or mother may ‘abuse’ — cast aspersions upon, or curse — the king; then he should forgive them.

Also the litigants themselves, when they happen to be ‘young or aged or infirm.’

In this manner his own welfare becomes accomplished. This ‘accomplishment of welfare’ is the fruit of obeying the injunction ‘shall forgive.’ — (312)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 66); — and in Kṛtyakalpataru (14a), which explains ‘kṣipatām’ as ‘shouting.’

 

Comparative notes by various authors:

(verses 8.312-313)

Nārada (Theft, 39-40). — ‘Neither for the purpose of gaining a friend, nor for the acquisition of wealth, should a wicked criminal be suffered by the King to go free. By pardoning an offender, a king commits the same offence as by punishing an innocent man. Religious merit accrues to him from punishing the wicked.’

Bṛhaspati (22-33). — ‘By punishment of the wicked and release of the virtuous, the renown and religious merit of the King is increased.’

Gautama (12-52). — ‘Or pardon may be granted in accordance with an assemblage of persons learned in the Vedas.’

 

 

VERSE 8.313

Section XLIII - Theft (steya)

 

यः क्षिप्तो मर्षयत्यार्तैस्तेन स्वर्गे महीयते ।
यस्त्वैश्वर्यान्न क्षमते नरकं तेन गच्छति ॥३१३॥

yaḥ kṣipto marṣayatyārtaistena svarge mahīyate |
yastvaiśvaryānna kṣamate narakaṃ tena gacchati ||313||

 

He who, on being abused by men in distress, forgives, becomes exalted to heaven, by that act; while he who, through kingly pride, does not forgive, goes, by that act, to hell. — (313)

 

Medhātithi’s commentary (manubhāṣya):

‘Men in distress,’ — i.e., the man who is punished, or his relations.

‘Abused’ — reproached.

‘Forgives’ — does not become angry.

‘By that act’ — by the act of forgiving.

‘Becomes exalted to heaven’ — the root ‘maha’ (in ‘mahīyate) belongs to the ‘Kaṇḍvādi’ group, hence the ‘ya’ in the middle of the word. The meaning is that ‘in heaven he gains an exalted position.’

For this reason, without showing any anger, he shall forgive.

If, however, under the influence of pride, thinking himself to be all-powerful, he does not condone the abuse, then, by that act he goes to hell.

The term ‘men in distress’ includes the young and the infirm also; since the present verse is supplementary to the foregoing (where these latter have been mentioned). — (313)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (14a).

 

Comparative notes by various authors:

(verses 8.312-313)

See Comparative notes for Verse 8.313.

 

 

VERSE 8.314

Section XLIII - Theft (steya)

 

राजा स्तेनेन गन्तव्यो मुक्तकेशेन धावता ।
आचक्षाणेन तत् स्तेयमेवङ्कर्माऽस्मि शाधि माम् ॥३१४॥

rājā stenena gantavyo muktakeśena dhāvatā |
ācakṣāṇena tat steyamevaṅkarmā'smi śādhi mām ||314||

 

The wise thief shall approach the king, with flying hair, confessing the theft, with the words — ‘I have done this, punish me’; — (314)

 

Medhātithi’s commentary (manubhāṣya):

In as much as nothing is specified, the ‘thief’ here is to be understood as one who has stolen gold; specially as it is only in the case of such a thief that other Smṛti-texts have laid down the ‘approaching of the king.’ The present text itself cannot be taken as an injunction laying down the act of ‘approaching’; because the subject-matter of the present context consists of the injunction of punishments for theft, as clearly declared above in Verse 301 — ‘I am now going to expound the law relating to punishments for theft.’ Hence the present can only be taken as a re-iteration of the act of ‘approaching’ (enjoined elsewhere); hence it must mean that ‘one who has stolen gold should approach the king’ — ‘with flying hair.’

‘Wise’ — courageous.

Another reading for ‘dhīmatā,’ ‘wise,’ is ‘dhāvatā,’ ‘running.’ ‘confessing’ — proclaiming his crime on the road — ‘i have done this’ — act of stealing brāhmaṇa’s gold — inflict upon me the proper punishment.’ — (314)

 

Explanatory notes by Ganganath Jha:

(verses 8.314-315)

Cf 11.199-201.

These verses are quoted in Aparārka (p. 1078): — and in Mitākṣarā (2.267, where only 315 is quoted).

 

Comparative notes by various authors:

(verses 8.314-315)

[ See Manu 11.100-101.]

Gautama (12.48). — ‘A man who has stolen gold shall approach the King, with flying hair, holding a club in his hand, and proclaim his deed.’

Baudhāyana (2.1.16-17). — ‘A thief shall go to the King with flying hair, carrying on his shoulder a club of sindhuka wood, and say ‘strike me with this.’ Then the King shall strike him. They quote the following verse: — “A thief shall go to the King carrying a club on his shoulder and say to him, Punish me with this, O King.”’

Āpastamba (1.25.4). — ‘A thief shall go to the King with flying hair, carrying a club on his shoulder and tell him what he has done. The King shall give him a blow with that club. If the thief dies, his sin is expiated.’

Vaśiṣṭha (20.41). — ‘If a man has stolon gold belonging to a Brāhmaṇa he shall run with flying hair to the King, exclaiming “Ho! I am a thief, Sir, punish me.” The King shall give him a weapon made of udumbara wood, with that he shall kill himself. It is declared in the Veda that he becomes purified by this death.’

Viṣṇu (52.1). — ‘He who has stolen gold must bring a club to the King, proclaiming his deed.’

Yājñavalkya (3.257). — ‘The man who has stolen gold belonging to a Brāhmaṇa shall present to the King a club, proclaiming his deed; he becomes purified if the King kills him with it, or pardons him.’

Nārada (Theft, 27). — ‘For stealing more than a hundred palas of gold, silver, or other precious metals, or line clothes, or very precious gems, corporal punishment or death shall be inflicted.’

Nārada (Theft, 46). — ‘The thief must approach the King with flying hair running and proclaiming his deed, saying “thus have I acted, chastise me.” By so doing, he is cleared from guilt, because he has confessed his deed. The King therefore shall touch him with the club or dismiss him.’

Bṛhaspati (22.27-28). — ‘For the stealing of women, men, gold, gems, the property of a deity or Brāhmaṇa, silk and other valuable things, the fine shall he equal to the value of the article stolen; or double the amount shall be inflicted by the King as fine; or the thief shall be executed, to prevent a repetition of the offence.’

Saṃvarta (Aparārka, p. 1079). — ‘Then the King himself shall strike the thief with a club; if the thief is alive after this, he becomes freed from the sin of stealing.’

 

 

VERSE 8.315

Section XLIII - Theft (steya)

 

स्कन्धेनादाय मुसलं लगुडं वाऽपि खादिरम् ।
शक्तिं चोभयतस्तीक्ष्णामायसं दण्डमेव वा ॥३१५॥

skandhenādāya musalaṃ laguḍaṃ vā'pi khādiram |
śaktiṃ cobhayatastīkṣṇāmāyasaṃ daṇḍameva vā ||315||

 

 — Carrying on his shoulder a pestle, or a Club of khadira wood, or a spear sharp at both ends, or an iron staff. — (315)

 

Medhātithi’s commentary (manubhāṣya):

Some people hold that the weapons to be carried have been mentioned in the particular order in view of the caste of the thief.

But this is not right; as in that case there would be no justification for the term ‘or’; and further, people do not recognise this as the expiation meant for the Brāhmaṇa thief, as we shall explain in the section on ‘Expiation.’

It is only the club, and not the pestle, that is to be taken as qualified by the epithet ‘of khadira wood’ — (315)

 

Explanatory notes by Ganganath Jha:

(verses 8.314-315)

See Comparative notes for Verse 8.314.

 

Comparative notes by various authors:

(verses 8.314-315)

See Comparative notes for Verse 8.314.

 

 

VERSE 8.316

Section XLIII - Theft (steya)

 

शासनाद् वा विमोक्षाद् वा स्तेनः स्तेयाद् विमुच्यते ।
अशासित्वा तु तं राजा स्तेनस्याप्नोति किल्बिषम् ॥३१६॥

śāsanād vā vimokṣād vā stenaḥ steyād vimucyate |
aśāsitvā tu taṃ rājā stenasyāpnoti kilbiṣam ||316||

 

The thief becomes absolved from the theft, either through punishment or through acquittal. By not punishing the thief, the king imbibes the guilt of the thief. — (310)

 

Medhātithi’s commentary (manubhāṣya):

‘Through punishment’ — with the stroke of the pestle and other things, the thief of the Kṣatriya and lower castes ‘becomes absolved’ from the guilt; — or ‘through acquittal’ — i.e., by being let off, being addressed with the words — ‘Go, you have been forgiven.’

In regard to the Brāhmaṇa thief, under 11.100 below, ‘immolation’ and ‘austerities’ have been prescribed. But as a matter of fact, there can be no ‘immolation’ of the Brāhmaṇa; and ‘austerity’ being an expiatory rite, the ‘approaching’ of the king could not be with a view to any such austerity. Hence the ‘acquittal’ here spoken of must also refer to the Kṣatriya and other castes.

But there can be this ‘acquittal’ only after the fine has been realised; because of what is said in the second half of the verse. And when the man has become absolved through this acquittal, his non-punishment cannot render the king open to censure.

It might be argued that — “Punishment and acquittal both being sanctioned by law, the blame spoken of lies on the king in that, ease with reference to which punishment has been enjoined.”

But this would make the injunction optional; and it is not right to assume as optional what has been declared to be absolute. In fact Vaśiṣṭha and others have laid down the law in general terms: — ‘The thief contaminates with his guilt the king who acquits him; but if the king kills the guilty thief, since he kills him legally, no blame attaches to him’; — and it cannot be right to regard this as optional.

It is true that the injuring of a living being is in one place forbidden: the assertion ‘one should not injure any living being,’ forbidding such injury as might he inflicted under the influence of some passion. In another place it is sanctioned, as for instance, in connection with the Agniṣṭoma sacrifice.

But in the case in question the act of ‘punishing’ cannot, in the face of the direct injunction of it, be held to be forbidden by the declaration regarding ‘acquittal.’

How can it be regarded as not forbidden? The general prohibition ‘injure not a living being’ cannot be set aside, except when there is a direct injunction of such injury (in any particular case).

It might be argued that — “The case in question does not fall within the scope of the prohibition; since it is conducive to the fulfilment of a particular act that has to be done.”

But, in the absence of a distinct injunction, how can it be believed that a certain injuring is conducive to the fulfilment of an act?

It may be held that this would he learnt from worldly experience.

But in that case, the act being an ordinary worldly one, — how could any prohibition affect it?

Let us consider the nature of the main act in question. If it is Vedic, then the injuring of animals which forms part of that act must also derive its sanction from the Veda. Because the principal and its subsidiary both must derive their sanction from the same source. If, even in the case of a Vedic act, a mere desire for gain forms the motive, then, in that case, the injuring of the animal becomes a worldly act. So that, in the case of the injuring of human beings by the king inflicting punishments, the act forms part of that action of ‘protecting the people’ which is undertaken, by way of livelihood; and as such it cannot form the subject of any Vedic Injunction. In fact, even if the injuring formed part of a prescribed act, it could not form the object of prohibition; as it would stand on the same, footing as the Śyena sacrifice. The act of injuring again does not form a necessary factor even in the worldly act (of protecting); for it is not impossible to carry on the work of protection without inflicting injury; — the same purpose being served by reprimanding and other similar means also.

It is not necessary that the motive behind the principal act and its subsidiaries should he of the same kind. If it were, then there would be no difference in the nature of the immolations of the two animals offered to Agni-Soma (?). So that even when the principal act is prompted by a desire for gain, it may be possible to regard its subsidiary as prompted by an Injunction.

The act of ‘injuring’ under consideration however cannot be regarded as prompted by an Injunction; as by its very nature, the act of ‘protecting,’ as also that of ‘injuring,’ is ‘worldly.’ If they were prompted by an Injunction, then there would be an option between its prohibition (by the general prohibition of all injury) and its injunction as part of the act of ‘protecting,’ — just as there is in the case of the holding and not-holding of the Śoḍaśī vessels.

Others hold that the verse consists of two distinct sentences; — the first half of the verse describing the way in which the thief becomes absolved from guilt, and the latter indicating the impropriety involved in the king’s failure to punish the thief, So that in a case where the king lets off the thief, thus voluntarily incurring the sin of not punishing him, — the thief does become absolved from his guilt.

Similarly when a Brāhmaṇa-thief surrenders himself, if he is killed, he does become absolved from guilt; since we have the text — ‘Becoming the target of armed men, etc.’ (11.73). And even though in striking the Brāhmaṇa the king may be going against the prohibition — ‘For the Brāhmaṇa there shall be no corporeal punishment’ (Gautama, 12.46), — yet there can be no doubt that the Brāhmaṇa, thus punished, becomes absolved from his guilt.

‘By not punishing’ — not striking him with the pestle or other things — he becomes contaminated with the guilt of the thief. — (316)

 

Comparative notes by various authors:

Saṃvarta (Aparārka, p. 1079). — (See above.)

Bodhāyana (2.1-17). — ‘Whether he be punished or be pardoned, the thief becomes freed from his guilt. But if the King does not punish him, the guilt of the thief falls upon him.’

Vaśiṣṭha (20.41). — ‘It is declared in the Veda that the thief becomes purified by death caused with the club offered to him by the King.’

Gautama (12.44-45). — ‘Whether he be slain or pardoned, he becomes purified of his guilt. If the King does not strike him, the guilt falls on the King.’

Āpastamba (1.25.4-5). — ‘... If the thief dies, his sin is expiated. If he is forgiven by the King, the guilt falls upon him who forgives him.’

Viṣṇu (52.2). — ‘Whether the King kills the thief with the club, or dismisses him unhurt, he becomes purified.’

Yājñavalkya (3.257). — (See under 314-315.)

Nārada (Theft). — ‘By going to the King and confessing his guilt, the thief becomes purified. The King shall touch him with a club, or dismiss him; in either case he becomes purified. Those men who have received a punishment from the King for an offence committed by them, proceed to heaven, free from sin, as if they were virtuous men who have acted well. Whether he be punished or released, the thief is freed from his crime; if, however, the King does not punish him. the guilt of the thief falls on the King himself.’

 

 

VERSE 8.317

Section XLIII - Theft (steya)

 

अन्नादे भ्रूणहा मार्ष्टि पत्यौ भार्याऽपचारिणी ।
गुरौ शिष्यश्च याज्यश्च स्तेनो राजनि किल्बिषम् ॥३१७॥

annāde bhrūṇahā mārṣṭi patyau bhāryā'pacāriṇī |
gurau śiṣyaśca yājyaśca steno rājani kilbiṣam ||317||

 

The Embryo-killer expurgates his guilt on him who eats his food, the misbehaving wife on her husband, the disciple and the sacrificer on the preceptor, and the thief on the king. — (317)

 

Medhātithi’s commentary (manubhāṣya):

‘Annāda’ — one who eats food.

‘Bhrūṇahā’ — he who has killed a Brāhmaṇa.

This latter ‘expurgates’ throws upon ‘the man who eats his food’ — ‘the guilt,’ of killing the Brāhmaṇa; just as when the dirty cloth is washed in water, its dirt becomes thrown into the water.

This is a purely valedictory declaration. The meaning is that the guilt becomes separated from the Brāhmaṇa-killer, and attaches itself to the other man.

On the ‘pati’ — the husband — ‘the mishaving’ — adulterous — ‘wife’ — if he condones the act. Here also the guilt disappears from the wife and attaches itself to the husband.

‘On the preceptor, the disciple and the sacrificer’; — if the disciple transgresses the laws relating to sun-rise, etc., and the preceptor condones it, the guilt becomes thrown upon the latter. Similarly the ‘sacrificer’ on the officiating priest; since the latter is a ‘preceptor’; that is why the ‘officiating priest’ has not been mentioned separately.

Similarly ‘the thief on the King,’ — if he is not punished by the King.

If the sacrificer, in course of the sacrificial performances, transgresses the rules, and does not adhere to the advice of the officiating priest, — then he should be abandoned by the latter; and he is not to be chastised and beaten, in the manner of a disciple.

In regard to the ‘man who eats his food’ and the rest, the present text should not he taken as laying down an injunction; the whole of it is purely declamatory. — (317)

 

Explanatory notes by Ganganath Jha:

Mss. N and S place 317 and its Bhāṣya after 318 but both add a note to the effect — ‘ayam shloko rājabhirityasmāt pūrvam lekhanīyaḥ’, ‘this verse should be written after the verse rājabhiḥ &c.’ This is apparently a corrector’s note on the mistake committed by a copyist.

This verse is quoted in Vīramitrodaya (Āhnika, p. 509), which adds the following note: — ‘Kilviṣam’ is to be construed with each of the four — ‘annāda’, ‘pati’, ‘guru’ and ‘rājā’ — and ‘mārṣṭi’ means ‘passes on.’

It is quoted in Prāyaścittaviveka (p. 146), which explains ‘mārṣṭi’ as ‘transfer’; — and in Hemādri (Śrāddha, p. 781).

 

Comparative notes by various authors:

Vaśiṣṭha (19.44). — ‘They quote the following verse: — “The slayer of a learned Brāhmaṇa casts his guilt on him who eats his food; a misbehaving wife on her husband; a student and a sacrificer on the teacher and the officiating priest; and a thief on the King.” The guilt falls on the King who pardons an offender, if he causes him to he slain, he destroys sin in accordance with the sacred law.’

Āpastamba (1.19.15). — ‘They quote the following: — “The murderer of a Brāhmaṇa learned in the Veda heaps his guilt on his guest; an innocent man on his calumniator; a thief set at liberty, on the King; and the petitioner, on him who makes false promises.”

 

 

VERSE 8.318

Section XLIII - Theft (steya)

 

राजभिः कृतदण्डास्तु कृत्वा पापानि मानवाः ।
निर्मलाः स्वर्गमायान्ति सन्तः सुकृतिनो यथा ॥३१८॥

rājabhiḥ kṛtadaṇḍāstu kṛtvā pāpāni mānavāḥ |
nirmalāḥ svargamāyānti santaḥ sukṛtino yathā ||318||

 

Men who, having committed crimes, have been punished by Kings, become freed from guilt and go to heaven, just like well-behaved good men. — (318)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that by suppressing criminals the King protects the well-behaved. This same idea is further clearly stated.

Those on whom punishments have been inflicted by the King, — such men ‘having committed crimes, become freed from guilt,’ by the punishment meted out by the King; i.e., their sin becomes set aside.

Their sins set aside, they go to heaven, by virtue of those acts of theirs which entitle them to enter heaven. A serious crime stands in the way of the fruition of meritorions acts.

Like the men who are ‘well-behaved’ — those who constantly perform meritorious acts; and are hence ‘good’ — righteous.

The difference between the two is that in the case of the good men, there has been no guilt at all, while in the case of criminals, it has come about, but has been destroyed by the punishment; so that in the former case there is prior negation, while in the latter there is negation by destruction.

The use of the term ‘men’ in the text indicates that what is stated here does not refer to thieves only.

The term ‘punishment’ however continues to stand for corporeal punishment., and hence does not go beyond the sense in which it has been used in the present context.

Punishment in the form of fine’s comes useful to the king, — that being his means of livelihood; but in the ease of corporeal punishment it cannot be denied that if it is useful to any one; it must be so to the person punished; because the hurt inflicted therein affects the man’s skin.

In this connection, people may have the following idea: — “Protection of the people is not possible without hurting (criminals), and protection serves the purposes of the king; how then can the corporeal punishment be held to serve the purpose of the person punished?”

Is this argument meant to deny the palpable fact that protection is useful for the protected people? Certainly it cannot be said that the king employs all his officers only for the purposes of his own protection. If again, the corporeal punishment served the useful purpose of ‘protection’ only, it could not he regarded as useful for the person punished. Further, why should ‘protection’ of the people be not possible without the ‘hurt’ (involved in the punishment)? If the hurt is inflicted with the idea that if the man were not punished, he would repeat the act, — this purpose could be served even by reprimanding and such other means. If the idea he that on seeing him punished others would desist from similar acts, — the suffering meant to be caused could be brought about even by lines. Then again, even though criminals are punished, thousands of men are found to do the same act again and again.

From all this it follows that the corporeal punishment, while ‘ending to ‘protection’ (of the people), has to be regarded as serving the purpose of purifying the person punished. It is for this reason that there are rules laid down regarding the cutting off of limbs and other forms of corporeal punishment. All this produces an invisible effeet in the persons punished, and at the same time serves the purposes of the king (in the form of protection).

Thus it is established that the criminals become absolved from guilt only when there is corporeal punishment, and not when they are only fined.

It is for this same reason that in connection with the most heinous offenders, whoso entire property has been confiscated, and who have, by way of punishment, been made to stand in water, — branding has been prescribed, with a view to guard against people associating with them. If they became purified by the fine, any such branding would be futile.

In the present context, the special rules that have been laid down in regard to the criminal who has surrendered himself, and has not been arrested and brought up for trial, may refer to thieves only; but what is said in the present verse is meant to apply to all corporeal punishments. — (318)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.259), which notes that this refers to the death-penalty; — and in Prāyaścittaviveka (p. 120), to the effect that punishment serves to absolve one from the sin of the crime.

 

Comparative notes by various authors:

Vaśiṣṭha (19.45). — ‘Men who have committed offences and have received from Kings the punishment due to them, go purified to heaven and are as holy as the virtuous.’

 

 

VERSE 8.319

Section XLIII - Theft (steya)

 

यस्तु रज्जुं घटं कूपाद्द् हरेद् भिन्द्याच्च यः प्रपाम् ।
स दण्डं प्राप्नुयान् माषं तच्च तस्मिन् समाहरेत् ॥३१९॥

yastu rajjuṃ ghaṭaṃ kūpādd hared bhindyācca yaḥ prapām |
sa daṇḍaṃ prāpnuyān māṣaṃ tacca tasmin samāharet ||319||

 

When one steals the rope or the water-pot from the well, or damages a water-drinking establishment, he should be punished with a fine of one ‘māṣa,’ and should restore the article to the place. — (319)

 

Medhātithi’s commentary (manubhāṣya):

A place where people drink water is called ‘prapā,’ ‘water-drinking establishment,’ the place where water is stored after having been drawn from a reservoir.

The exact nature of the substance is not stated — of what substance the fine of a ‘māṣa’ shall consist. It should he regarded as being copper or silver.

The article — rope and the rest — ho shall restore ‘to the place’ and not to the king. — (319)

 

Explanatory notes by Ganganath Jha:

‘Māṣam’ — ‘Of gold’ (Kullūka); — ‘the exact metal has not been mentioned; it has to be determined on the merits of each case, according as the institution damaged happens to he in a desert or in a country with plentiful water-supply and so forth’ (Medhātithi, whom Buhler has misrepresented).

This verse is quoted in Vivādaratnākara (p. 328), which adds the following notes: — The meaning is that — ‘that’, the damaged article, — in the shape of the rope or the jar — he shall restore to the well. The Pārijata, in view of the later pronoun ‘tat’ has read ‘rājjughaṭam’ and has explained it as a ‘collective copulative compound’; — and in Vivādacintāmaṇi (p. 141), which reads ‘rajjughaṭam’ and explains it as ‘the rope or the jar’, and explains the rule as that ‘one who steals the rope or the jar should replace it, and he who damages the drinking-booth should be fined a Māṣa.’

 

 

VERSE 8.320

Section XLIII - Theft (steya)

 

धान्यं दशभ्यः कुम्भेभ्यो हरतोऽभ्यधिकं वधः ।
शेषेऽप्येकादशगुणं दाप्यस्तस्य च तद् धनम् ॥३२०॥

dhānyaṃ daśabhyaḥ kumbhebhyo harato'bhyadhikaṃ vadhaḥ |
śeṣe'pyekādaśaguṇaṃ dāpyastasya ca tad dhanam ||320||

 

There shall be ‘immolation’ for one who steals more than ten jars of grain; in other cases he should he made to pay eleven times as much, as also make good the property to the owner. — (320)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘jar’ is used in the sense of a particular measure, and not in that of one jarful only. The exact quantity is sometimes 20 seers, and in others 22 seers according to the custom of the place.

He who steals more than ten ‘jars,’ should be punished with ‘immolation.’ This rule is relaxed in accordance with the circumstances attending each case.

‘In the rest,’ — i.e., in the case of ten jars and less, — the fine shall be eleven times the quantity stolen.

‘The property shall be made good to the owner’; — this applies to all cases of theft.

‘Grain’ — under this term are included seventeen things — the Vrīhi, the Yava and so forth, — as mentioned in the Smṛtis. — (320)

 

Explanatory notes by Ganganath Jha:

‘Kumbha’ — ‘Equivalent to 20 or 22 Prasthas of 32 Palas each’ (Medhātithi); — ‘to 2 Droṇas of 200 Palas each’ (Govindarājā, Kullūka and Rāghavānanda).

This verse is quoted in Smṛtitattva (p. 513), where, Kātyāyana is quoted as making ‘kumbha’ equivalent to 20 droṇas; — in Aparārka (p. 846), which has the following notes: — The kumbha is equivalent 52 droṇas; — ‘vadha’ is to be inflicted on the man who steals more than 20 kumbhas of paddy; in ‘other cases’ — i.e., where the quantity stolen is not large — the thief should be made to pay a fine which is eleven times that which is prescribed for cases of stealing paddy (?); and the quantity stolen has to be restored to the owner.

It is quoted in Mitākṣarā (2.275) as indicating the fact that the penalty varies with the quantity of grain stolen; it adds the following notes: — The kumbha is equal to 20 droṇas, — whether the ‘vadha’ prescribed here is to be beating or mutilation or death shall depend upon (1) the qualities of the thief, of the corn stolen and of the owner of the corn, and (2) upon the time, whether it is a time of scarcity or plenty; — and in Vīramitrodaya (Vyavahāra, 151a), which explains ‘kumbha’ as 10 seers, ‘śeṣe’ as ‘less than ten kumbhas — ‘tasya’ as ‘to the owner of the grain.’

It is quoted in Vivādaratnākara (p. 311), which has the following notes: — The kumbha consists of 10 prasthas, — ‘śeṣe’, less than 10 kumbhas, — the property that had been stolen should be restored to the owner.

It is quoted in Vyavahāramayūkha (p. 101), which explains ‘kumbha’ as 10 prasthas; — and in Prāyaścittaviveka (p. 341), which says that this refers to eases of serious crime.

 

Comparative notes by various authors:

Viṣṇu (5.12). — ‘Those who steal more than 10 kumbhas of grain, should be put to death.’

Nārada (Theft: 26). — ‘Corporal punishment or death shall he inflicted on him who steals more than 10 kumbhas of grain; when the quantity is less, he shall be made to pay eleven times the value — thus has Manu ordained.’

 

 

VERSE 8.321

Section XLIII - Theft (steya)

 

तथा धरिममेयानां शतादभ्यधिके वधः ।
सुवर्णरजतादीनामुत्तमानां च वाससाम् ॥३२१॥

tathā dharimameyānāṃ śatādabhyadhike vadhaḥ |
suvarṇarajatādīnāmuttamānāṃ ca vāsasām ||321||

 

In the case or articles weighed by scales, — gold, silver and the rest, — if more than a hundred (are stolen),

 

Medhātithi’s commentary (manubhāṣya):

‘Dharima’ — scales; — things weighed by means of scales are called ‘dhrimameya.’

In as much as clarified butter and other liquid substances are weighed by the seer and other measures, people might think that solid substances are not meant here; hence the author has added — ‘gold, silver and the rest.’

Since silver would have been included under the phrase ‘and the rest,’ its special mention may be taken to indicate that what are meant are only such things as are equal to it in value; it is thus that coral and other precious stones become included, but not copper, iron and Such things.

Of these things, if more than a hundred is stolen, there shall be ‘immolation.’

“What is it of which there should be a hundred? A hundred ‘palas’ or ‘karṣas’ or ‘kārṣāpaṇas’?”

Some people say that ‘hundred palas’ are meant.

But there is no ground available for restricting it to any particular measure. Hence it should be taken as referring to that particular measure which, in the country concerned, happens to be the standard of weighment by scales. The expression ‘a hundred of gold’ pertains, in some places, to ‘tolās’ and in others to ‘palas’; hence the rule is to be interpreted in accordance with local usage.

‘Also in the ease of fine clothes,’ — snoh as silken and coloured raiments; here also we have to construe the words —

‘if there are more than a hundred, there shall be immolation.’ In the case of Sārīs two pieces (pair) are counted as ‘one,’ while in that of flowered wrappers and such other clothes, it is only one piece.

“In as much as the phrase ‘gold, silver and the rest’ would have sufficed to express what is meant, it was entirety useless to add the term ‘things weighed by scales.’

It has been added for the purpose of including such high-priced things as camphor, aguru, musk and so forth. The phrase ‘and the rest’ (used along with ‘gold and silver’) includes only the igneous substances (metals), or only such substances as are weighed in ‘niṣkas’ and other measures, which are not applicable to camphor and other like things.

Though the limit of ‘a hundred’ is put down in regard to both gold and silver, yet, in actual practice a distinction has to be made in the penalty inflicted in the two cases; just as there is in the expiatory rite imposed in connection with them; and this for the simple reason that things distinctly unequal should not be treated as equal. Hence in the case of silver, there is to be ‘immolation’ only if the value of the quantity stolen is equivalent to ‘a hundred of gold.’

In the case of camphor and other things, the number ‘hundred’ would pertain to ‘palas.’ — (321)

 

Explanatory notes by Ganganath Jha:

‘Dharimameyānām suvarṇarajatādīnām’ — ‘Articles weighed by scales such as gold, silver, &c.,’ (Medhātithi; Govindarāja and Kullūka); — ‘articles measured by weight, i. e., copper and the rest, other than gold and silver, and of gold, silver, &c.’ (Nārāyaṇa and Rāghavānanda).

This verse is quoted in Aparārka (p. 847), which adds the following notes: — ‘Dharimameya’ are those things that are measured by scales, — i.e., ‘gold, silver and so forth’. — If the author had only the expression ‘suvarṇarajatādīnām’, ‘gold, silver &c.,’ then iron and other metals also would become included; similarly if he had only ‘dharimameyānām’ ‘things weighed by scales’, then molasses and such other things also would become included; by having both, even such articles as pearls, corals and the like, which also are ‘weighed by scales,’ become included; these latter also belong to the same category as ‘gold and silver’ by reason of their being highly valuable; the term ‘ādi’, means ‘and the like thus it is that such things as molasses, even though they are ‘weighed by scales’, become excluded; because, being cheap, they have no similarity to ‘gold and silver’; for the same reason such cheap metals as iron, lead and so forth are not included here, — ‘uttamāni vāsāṃsi’, ‘excellent clothes’, clothes of patra, (?) ūrṇa (wool), netra (?) paṭī (silk, and so forth).

It is quoted in Vyavahāramayūkha (p. 102); — in Vivādaratnākara (p. 323), which explains ‘dharima’ as ‘weight’; — in Vyavahāra-Bālambhaṭṭī (p. 987); — and in Vīramitrodaya (Vyavahāra, 152a).

 

Comparative notes by various authors:

Viṣṇu (15.13). — ‘One who steals more than a hundred māṣas of such things as arc usually sold by weight, shall be put to death.’

Nārada (Theft, 27). — ‘For stealing more than a hundred palas of gold, silver or other precious metals, or valuable clothes, or very precious gems, corporal punishment or death shall be inflicted.’

Bṛhaspati (22.27). — ‘In the case of stealing women, men, gold, gems, silk and other precious things, the fine shall be equal to the value of the thing stolen; or double the amount shall be inflicted by the King as fine; or the thief shall be executed, to prevent a repetition of the offence.’

Yājñavalkya (2.275). — ‘Punishments shall be inflicted in accordance with the nature of the thing stolen, as to its being trifling, mediocre or of high class; and in inflicting punishments, the time, place, age and capacity should be taken into consideration.’

Śaṅkha-Likhita (Vivādaratnākara, p. 324). — ‘For stealing gold and gems, corporal punishment.’

Arthaśāstra (Do., p. 100). — ‘For stealing gems and metals, the fine shall be of the value of the article stolen, say the followers of Manu, — double the value, say the followers of Uśanas; it shall be in keeping with the nature of the crime, says Kauṭilya.’

 

 

VERSE 8.322

Section XLIII - Theft (steya)

 

पञ्चाशतस्त्वभ्यधिके हस्तच्छेदनमिष्यते ।
शेषे त्वेकादशगुणं मूल्याद् दण्डं प्रकल्पयेत् ॥३२२॥

pañcāśatastvabhyadhike hastacchedanamiṣyate |
śeṣe tvekādaśaguṇaṃ mūlyād daṇḍaṃ prakalpayet ||322||

 

In the case of more than fifty, the cutting off of the hands is prescribed. In other cases, the king shall inflict a fine of eleven times the value. — (322)

 

Medhātithi’s commentary (manubhāṣya):

This verse is easily understood.

‘Eleven times the value.’ — It is not only that the stolen article is to be restored; for sometimes it may so happen that a thing of the same kind is not available. Hence money or grain may be given in exchange. — (322)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 323); — and in Vīramitrodaya (Vyavahāra, 152a).

 

Comparative notes by various authors:

Viṣṇu (5.81-82). — ‘A stealer of gold, silver, or clothes of a value of more than fifty māṣas, shall lose both hands; he who steals a less amount than that shall pay eleven times its value as fine.’

Nārada (Theft, 27). — (See under 321.)

Do. (Vivādaratnākara, p. 323). — ‘For the stealing of things sold by weight, grains and nuts, and other things more valuable than wood and the vest, the fine shall be ten times the value of the article stolen.’

 

 

VERSE 8.323

Section XLIII - Theft (steya)

 

पुरुषाणां कुलीनानां नारीणां च विशेषतः ।
मुख्यानां चैव रत्नानां हरणे वधमर्हति ॥३२३॥

puruṣāṇāṃ kulīnānāṃ nārīṇāṃ ca viśeṣataḥ |
mukhyānāṃ caiva ratnānāṃ haraṇe vadhamarhati ||323||

 

For stealing noble men, and specially women, and the precious gems, the thief deserves ‘immolation.’ — (323)

 

Medhātithi’s commentary (manubhāṣya):

‘Noble,’ — born of good families and possessed of learning and other good qualities.

‘Specially women,’ — snoh as are possessed of good qualities, beauty and grace.

The particle ‘ca,’ ‘and,’ indicates that ‘nobility’ and the other qualifications are meant, as far as possible, to be applicable to both ‘men’ and ‘women.’

‘Precious gems,’ — such as diamond, lapis-lazuli, emerald and so forth.

Here also it is to be understood that the articles stolen should he equivalent in value to ‘a hundred of gold’; otherwise, since the qualification ‘precious’ is a relative term, there would be no definiteness in the rule prescribing the punishment.

‘Deserves immolation’; — the exact meaning of ‘immolation’ is to be determined in all cases by the peculiarity of the circumstances of each individual case.

In the case of the stealing of men and women who are not ‘noble,’ or of gems that are not ‘precious,’ — there shall be a fine eleven times the value of what is stolen. — (323)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 317), which explains ‘Kulīnānām’ as ‘born of good families — and ‘mukhyānām ratnānām’ as ‘emerald and the like’, — again at p. 324.

It is quoted in Mitākṣarā (2.275), where Bālambhaṭṭī has the following notes: — The reading of the third foot accepted by all is ‘mukhyānāñcaiva ratnānām’, and ‘ratnānāñcaiva sarveṣām’ is wrong reading; the meaning is that ‘for stealing persons born of great families, specially ladies of great families, and also of diamond, sapphire and other valuable gems, the thief deserves the death-penalty’ in Prāyaścittaviveka (p. 344), which says that this clearly refers to the enticing away of boys and girls of good families, and not of slaves, — in Vivādacintāmaṇi (p. 134), which explains ‘mukhya-ratna’ as standing for the emerald and the rest; — and in Vīramitrodaya (Vyavahāra, 152a).

 

Comparative notes by various authors:

Nārada (Theft, 28). — ‘he who steals a man shall have to pay the highest fine; he who steals a woman shall be deprived of his entire wealth; and he who steals a maiden shall suffer corporal punishment.’

Bṛhaspati (22. 27-28). — ‘In the case of women, men, gold, gems, the property of a deity or a Brāhmaṇa, silk and other precious things, the fine shall be equal to the value of the article stolen; or double that amount shall he inflicted as fine; or the thief shall be executed.’

Do. (22.18; Vivādaratnākara, p. 317) — ‘Those who steal human beings should be burnt by the slow fire of chaff.’

Vyāsa (Do.). — ‘The stealer of women shall he burnt on an iron bed by the slow fire of chaff; the stealer of man should have his hands and feet cut off and then exposed on the road-crossing. He who steals a man should he fined the highest amercement; he who steals a woman should have his entire property confiscated; and he who steals a maiden shall he put to death.’

Śaṅkha-Likhita (Do., p. 318). — ‘For stealing a king’s son, the fine is 108 kārṣāpaṇas, or corporal punishment; half of that for stealing persons of the royal family, or of men and women in general.’

Arthaśāstra (p. 101). — ‘If one forcibly confines, or forcibly releases, a man or woman, he shall be fined not less than 500 or more than 1,000 Paṇas, i.e., the highest amercement.’

 

 

VERSE 8.324

Section XLIII - Theft (steya)

 

महापशूनां हरणे शस्त्राणामौषधस्य च ।
कालमासाद्य कार्यं च दण्डं राजा प्रकल्पयेत् ॥३२४॥

mahāpaśūnāṃ haraṇe śastrāṇāmauṣadhasya ca |
kālamāsādya kāryaṃ ca daṇḍaṃ rājā prakalpayet ||324||

 

For the stealing of large animals, of weapons or medicines, the king shall determine the punishment, after considering the time and the purpose. — (324)

 

Medhātithi’s commentary (manubhāṣya):

‘Large animals,’ — the elephant, the horse and so forth. For stealing these the punishment is to be determined in accordance with ‘the time and the purpose.’

“In connection with all punishments, it has been declared that the time should be taken into consideration; e.g., it is said — ‘In the inflicting of punishments, the king shall take into consideration, the time, place, age and capacity?”

True; in ordinary cases the nature of the punishment is already fixed, and the said circumstances are taken into consideration only for the purpose of determining the exact degree of that punishment; e.g., in cases where the penalty is put down as ‘immolation,’ whether it is to be actual death or only beating, could be determined by circumstances. In the case in question on the other hand, the nature of the punishment is peculiarly variable; e.g., even though the sword may be worth only twenty paṇas, yet if it is stolen at a time when an enemy with uplifted weapon is near at hand, — the punishment would be death; in view of the time and the extremely useful purpose that would have been served by the stolen sword; while under other circumstances, there would be only a fine, either double, or eleven times, the value of the sword. Similarly in the case of a medicine that is not easily available, and is extremely useful, being stolen at the very time at which it was going to be used, — or if, when easily available, it is stolen at the time when it has been just boiled, and if not taken at that very time, would cause great suffering to the patient, — the punishment in such cases would be most severe; in other cases, it would be small. There could be no such diversity unless there be some sort of difference in the cases. Otherwise it would suffice to put down only one verse as embodying the whole law of punishments. Hence the following statements have to be made — ‘At the time of war, the penalty for stealing a horse and such animals would depend on the needs of the king; — in the case of weapons needed by the king, it would be forgiven in some oases, while in others the punishment meted out would he very severe; — in the case of cows and buffaloes belonging to the people, the theft should never be forgiven by the king; — in the ease of horses too, it would all depend upon the purpose served by them; e.g., if the war is being waged in a hilly country, the horse would not be of much use there; so that if it be stolen, the punishment should not he very severe. Thus our sole guide in this matter is the maxim that the king shall determine the penalty after considering the time. — (324)

 

Explanatory notes by Ganganath Jha:

Cf. 8.26.

This verse is quoted in Vivādaratnākara (p. 319), which adds the following notes — ‘Mahāpaśu’ are the elephant and other large animals, — ‘kālam’, whether it was stolen at the time of war, or during ordinary use and so forth, — ‘kāryam’, smallness or largeness of the use to which the stolen thing was being put, — ‘daṇḍam’, heavier or lighter.

 

Comparative notes by various authors:

(verses 8.324-325)

Viṣṇu (5.77-78). — ‘He who has stolen a cow, or a horse, or a camel, or an elephant, shall have one hand, or one foot cut off; — he who has stolen a goat, or a sheep shall have one hand cut off.’

Nārada (Theft, 29). — ‘On him who forcibly seizes large domestic animals — the highest fine shall be inflicted; the middlemost amercement on him who steals cattle of the middle size; and the smallest fine on him who steals small cattle.’

Do. (Do., 33). — ‘For stealing cows belonging to a Brāhmaṇa, for piercing the nostrils of a barren cow, and for stealing a female slave, the thief shall, in every case, lose half his feet.’

Bṛhaspati (22, 26). — ‘One injuring or stealing cattle, clothes, food, drinks, or household utensils shall be compelled to pay a fine of not less than 200 Paṇas.’

Yājñavalkya (2.273). — ‘Stealers of horses and elephants shall be impaled.’

Vyāsa (Aparārka, p. 845). — ‘The stealer of horses is killed by having his hands, feet and loin cut off; the stealer of cattle has half of his feet cut off by a sharp weapon.’

Arthaśāstra (p. 101). — ‘For stealing large cattle, human beings, fields, houses, gold, fine doth, and such things, the fine shall be not less than 200 or more than 500 Paṇas, i.e., the middle amercement.’

 

 

VERSE 8.325

Section XLIII - Theft (steya)

 

गोषु ब्राह्मणसंस्थासु छुरिकायाश्च भेदने ।
पशूनां हरणे चैव सद्यः कार्योऽर्धपादिकः ॥३२५॥

goṣu brāhmaṇasaṃsthāsu churikāyāśca bhedane |
paśūnāṃ haraṇe caiva sadyaḥ kāryo'rdhapādikaḥ ||325||

 

For stealing cows belonging to a Brāhmaṇa, and for piercing them with the goad, and for stealing animals, the thief should be immediately made half-footed. — (325)

 

Medhātithi’s commentary (manubhāṣya):

‘Belonging to Brāhmaṇas,’ — kept by Brāhmaṇas, owned by Brāhmaṇas; — for stealing such cows; — the Locative ending in ‘goṣu’ has the sense of the Genitive.

‘Animals’ — goats, sheep and so forth. No significance is meant to be attached to the plural number in the words here used.

‘Immediately,’ — at the very moment; without hesitation.

‘Ardhapādikaḥ,’ ‘half-footed’; — ‘ardhapāda’ means half of the foot; and he who has only half of his foot-left is called ‘half-footed’; and one becomes so only if half of his foot is cut off. Hence what the sentence means is ‘that half of the thief’s foot should he cut off.’

‘Kharikā,’ ‘goad,’ is that by which oxen are driven in chariots or fields. — ‘Piercing,’ — causing pain by driving with the goad. The term ‘piercing’ has been explained by the older writers as standing for driving; and certainly the man causes pain to the animal by driving it. Others hold that the punishment laid down is to be inflicted only when the driving it done with the goad.

Others explain the term ‘Kharikā’ as meaning the hind quarters of the animal. (And what would be punished, ac cording to this interpretation, would he the piercing of the hind quarters of cows.)

If however ‘Kharikā’ is taken as standing for the cow that has the evil habit of running away, — then the keeper or someone else who pierces such the cow, should be made ‘half-footed.’

Others interpret the Locative in ‘goṣu’ literally, and explain the words as referring to the theft of cows and other products of the milk of cows, by supplying additional words.

But this cannot he right. For so long as sense can be made out of the words as they stand, why should any additional words be supplied? — (325)

 

Explanatory notes by Ganganath Jha:

‘Kharikāyāśca bhedane’ — Medhātithi is misrepresented by Buhler. Medhātithi’s reading is ‘khārikāyāḥ’ and the ‘kharikā’ he explains as ‘yayā gorakṣaiḥ kṣetrādau vāhyate balīvardaḥ’, ‘that whereby the ox is driven by the ox-keeper in the fields and other places’; so apparently the driving goad is meant. Buhler has relied upon the reading of Ms. 8, which reads the sentence as ‘sthurikā yo gorathakṣetrādiṣu vāhyate balīvardaḥ’; this reading involves the discrepancy of the feminine noun ‘sthurikā’ being taken as the ox; which discrepancy need not be accepted in the face of the better reading in the printed text (of Mandlik); ‘bhedane’ thus means ‘piercing’ (with the goad) — Kullūka and Rāghavānanda, reading ‘churikā and ‘sthurikā’ explain it as ‘the barren cow’ and ‘bhedane’ as piercing of the nose; — Nārāyaṇa explains it as the load of the ox, and ‘bhedane’ as ‘cutting open and stealing’; — Nandana explains the word as a particular spot on the back of the ox.

This verse is quoted in Vivādaratnākara (p. 319), which adds the following notes: — ‘Sphurikā’ (which is its reading for ‘kharikā’) is the barren cow, — ‘bhedana’ is ‘the piercing of the nose for purposes of driving — ‘paśūnām’, the animals meant here are all smaller animals except the sheep, the cat and the mongoose; — and in Vivādacintāmaṇi (p. 135), which says that ‘tūlikā’ means ‘the nostrils’, and bhedana’ means ‘boring.’

 

Comparative notes by various authors:

(verses 8.324-325)

See Comparative notes for Verse 8.324.

 

 

VERSE 8.326-329

Section XLIII - Theft (steya)

 

सूत्रकार्पासकिण्वानां गोमयस्य गुडस्य च ।
दध्नः क्षीरस्य तक्रस्य पानीयस्य तृणस्य च ॥३२६॥

वेणुवैदलभाण्डानां लवणानां तथैव च ।
मृण्मयानां च हरणे मृदो भस्मन एव च ॥३२७॥

मत्स्यानां पक्षिणां चैव तैलस्य च घृतस्य च ।
मांसस्य मधुनश्चैव यच्चान्यत् पशुसम्भवम् ॥३२८॥

अन्येषां चैवमादीनां मद्यानामोदनस्य च ।
पक्वान्नानां च सर्वेषां तन्मुल्याद् द्विगुणो दमः ॥३२९॥

sūtrakārpāsakiṇvānāṃ gomayasya guḍasya ca |
dadhnaḥ kṣīrasya takrasya pānīyasya tṛṇasya ca ||326||

veṇuvaidalabhāṇḍānāṃ lavaṇānāṃ tathaiva ca |
mṛṇmayānāṃ ca haraṇe mṛdo bhasmana eva ca ||327||

matsyānāṃ pakṣiṇāṃ caiva tailasya ca ghṛtasya ca |
māṃsasya madhunaścaiva yaccānyat paśusambhavam ||328||

anyeṣāṃ caivamādīnāṃ madyānāmodanasya ca |
pakvānnānāṃ ca sarveṣāṃ tanmulyād dviguṇo damaḥ ||329||

 

In the case of the theft of yarns, cotton, fermenting drug, cowdung, molasses, curds, milk, skimmed curd, water and grass (326), — of vessels made of bamboo or cane, as also of salts, earthenware, earth and ashes (327) — of fish, birds, oil, clarified butter, meat, honey, and other animal-products (328) — of other things of this kind, spirituous liquors, cooked rice and all kinds of cooked food, — the fine shall be double the value of the thing (stolen). — (326-329)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.326-329)

‘Yarns’ — woolen, jute and so forth.

‘Salts,’ — rock-salt, black salt, and so forth.

‘Other animal-products’ — the flesh, etc.

Other kinds of ‘cooked food’ — such as sweet bread, sweetmeats, etc. The term ‘ādi’ means kinds, kinship consisting in similarity, equality, similar utility. It is in this sense that butter, gruel, sugar-candy, sugar, coagulated milk, inspissated milk and so forth become included. The term ‘animal-products.’ according to some, includes the wool, the skin and so forth.

‘And be forth’ — includes the products of the things mentioned; and as an example of this, the text has mentioned both ‘curd’ and ‘milk.’

Similarly ‘yarn’ includes also cloth made from yarns.

As for the ‘nalikā’ and such things, even though they are made up of yarns, and are ‘animal-products,’ — yet, being already included under ‘fine clothes’ (verse 321), they are to be excluded from the present verse.

The term ‘taila’ here stands for oils in general, — and not for the oil of ‘tila,’ sesamum, only, as its derivation suggests. So that the oils of linseed, Priyaṅgu, cardamom and other things also become included. — (326-329)

 

Explanatory notes by Ganganath Jha:

(verses 8.326-329)

These verses are quoted in Vīvādaratnākara (p. 326), which adds the following notes: — Anyeṣāmevamādīnām’, i.e., pastries and the like, — ‘anyat paśusambhavām’, skins, tusks and so forth; — in Vyavahāra-Bālambhaṭṭī (p. 989); — and in Vivādacintāmaṇi (p. 140), which says that this refers to the case of the theft of small quantities of yarn; and such as have been made ready for use.

 

Comparative notes by various authors:

(verses 8.326-331)

Viṣṇu (5.83-86). — ‘A stealer of thread, cotton, cow-dung, sugar, sour milk, milk, butter-milk, grass, salt, clay, ashes, birds, fish, clarified butter, oil, meat, honey, basket-work, split bamboo, earthenware, or iron pots, shall pay three times its value as fine; — the same fine is ordained for dressed food. For stealing flowers, green grain, shrubs, creepers, climbing plants or leaves, the fine is 5 kṛṣṇalas; — the same for stealing pot herbs, roots or fruits.’

Nārada (Theft, 22-24). — ‘For stealing wood, cane, grass and the like, earthenware-utensils, bamboo, utensils made of bamboos, rattan, bone, leather, vegetables, green roots, grass, flowers, cow-milk, molasses, salt, oil, cooked food, dressed food spirituous liquor, flesh, and other objects of small value, a fine five times the value of the article shall be levied.’

Bṛahspati (22.20). — ‘When a man takes grass, wood, flowers, or fruit, without permission of the owner, he deserves to have a hand cut off.’

Do. (22.25). — ‘He who destroys or takes away implements of husbandry, an embankment or flowers, roots or fruits, shall be fined a hundred paṇas, or more according to the nature of the offence.’

Yājñavalkya (2.275). — ‘For stealing articles trifling, mediocre or large, the punishment shall he in accordance with the value of the article stolen; and in the inflicting of punishments, the King shall take into consideration the time, the place and also the age and capacity of the offender.’

Śaṅkha-Likhita (Aparārka, p. 848). — ‘If a non-Brāhmaṇa steals, either forcibly or unintentionally, any of the following articles belonging to a Brāhmaṇa, he shall have his hand cutoff: — sacrificial fuel, clarified butter, fire-wood, grass, fodder, flower, incense, fruits; if any one is actually caught in the act of stealing kuśa-grass, leather-vessels, or the Agnihotra-implements, his limb shall be cut off; hut if he is found out afterwards, he shall be made to ride a donkey if he is a Brāhmaṇa, and shall have his head shaven.’

Vyāsa (Vivādaratnākara, p. 325). — ‘One who steals trifling and mediocre articles, or flowers, roots or fruits, shall be made to pay double the value of the article, or a fine of five kṛṣṇalas.’

Do. (p. 328). — ‘For stealing things of small value or milk or milk-products, the stealer should ho made to pay to the owner the value of the thing, and to the King a fine double the said value.’

Gautama (Do.). — ‘Five kṛṣṇalas for the stealing of fruits, green grains or vegetables.’

Śaṅkha-Likhita (Do., p. 327). — ‘For the stealing of dressed wood, stone, earthenware, vessels made of leather or cane, the fine shall be either five times the value of the article stolen, or three kārṣāpaṇas.’

Arthaśāstra (p. 100). — ‘For stealing flowers, fruits, vegetables, roots, cooked food, vessels of leather, bamboo or earthenware, or other trifling things, the fine shall be not less than 12, or more than 24 Paṇas. For stealing articles made of iron, wood or ropes, — or of small animals, clothes and such things, or large objects, the fine shall be not less than 24, or more than 40 Paṇas; for stealing vessels made of copper, vṛtta (?), bell-metal, glass or ivory, the fine shall be not less than 48 or more than 90 Paṇas, i.e., the first amercement.’

 

 

VERSE 8.330

Section XLIII - Theft (steya)

 

पुष्पेषु हरिते धान्ये गुल्मवल्लीनगेषु च ।
अन्येष्वपरिपूतेषु दण्डः स्यात् पञ्चकृष्णलः ॥३३०॥

puṣpeṣu harite dhānye gulmavallīnageṣu ca |
anyeṣvaparipūteṣu daṇḍaḥ syāt pañcakṛṣṇalaḥ ||330||

 

For flowers, green corns, shrubs, creepers, trees and other unhusked (grains), the fine shall consist of five ‘kṛṣṇalas.’ — (330)

 

Medhātithi’s commentary (manubhāṣya):

‘Flowers’ — The navamallikā and the rest.

‘Green com’ — while still in the field.

‘Other unhusked,’ — ‘anyesu aparipūteṣu’; — in as much as this has the plural form, and ‘husking,’ — which consists in the removing of chaff and husks — is possible only in the case of ‘grains,’ we construe this along with the term ‘dhānyesu,’ ‘grains,’ of the next verse. As for ‘shrubs, creepers and trees’ and (‘flowers’ which are expressed by the only other words in the verse with the plural ending), though the former have leaves, and the latter also are generally mixed up with leaves, yet they are never spoken of as ‘husked.’

The Locative ending refers to the ‘stealing,’ mentioned in the preceding verse, from where it is construed here also.

In the case of these, there shall be a fine of ‘five kṛṣṇalas’; — the ‘kṛṣṇalas’ meant being of various metals, to be determined in accordance with the greater or less utility of the things stolen. The ancients have held that it refers to gold only. — (330)

 

Explanatory notes by Ganganath Jha:

‘Anyeṣu’ — Medhātithi does not read ‘alpeṣu’ as asserted by Hopkins.

‘Pañcakṛṣṇalaḥ’ — ‘Medhātithi says that the kṛṣṇalas meant may be gold or silver, in accordance with the gravity of the offence’ — that ‘it is meant to be gold only’ is the view that he quotes as held by the ‘ancients.’ Buhler therefore is not right in attributing this latter view to Medhātithi himself.

This verse is quoted in Vivādaratnākara (p. 325) which adds the following notes: — ‘Harite dhānye’, which is still lying unripe in the field; on this being stolen for purposes of fodder , — ‘ naga’, tree, — ‘alpeṣu’ (which is its reading for ‘anyeṣu’), quantity even less than what can be carried by a man, — ‘aparipūteṣu’, unhusked, — ‘dhānye’, in construing the sentence the number is to be changed into the plural, ‘dhānyeṣu.’

 

Comparative notes by various authors:

(verses 8.326-331)

See Comparative notes for Verse 8.326-329.

 

 

VERSE 8.331

Section XLIII - Theft (steya)

 

परिपूतेषु धान्येषु शाकमूलफलेषु च ।
निरन्वये शतं दण्डः सान्वयेऽर्धशतं दमः ॥३३१॥

paripūteṣu dhānyeṣu śākamūlaphaleṣu ca |
niranvaye śataṃ daṇḍaḥ sānvaye'rdhaśataṃ damaḥ ||331||

 

For husked grains, for vegetables, roots and fruits, there shall be a fine of a hundred, in a case where there has been no propitiation; and fifty, where there has been propitiation. — (331)

 

Medhātithi’s commentary (manubhāṣya):

‘Roots, etc.,’ — e.g., sugar-cane, grapes and so forth.

In a case of theft which is ‘niranvaya’; — ‘anvaya’ stands for ‘propitiation,’ the adopting of a conciliatory attitude towards the owner, such as — ‘I took this thing under the impression that what is yours is mine also; if this be not so, then take it,’ — or some such words; — where this is not done, it is a ‘case where there has been no propitiation’; and this being a form of ‘robbery,’ the punishment is severe.

A case where there has been such ‘propitiation’ is called ‘sānvaya.’

Or, the meaning may be that there shall be a fine of ‘hundred’ in a case where there is no ‘relationship’ between the parties, — such as living in the same village and so forth.

Or, ‘niranvaya’ may mean ‘unguarded.’ Where the watchman is present, since the fault lies with both (thief as well as the watchman), the punishment of the thief shall be slight.

The punishment here laid down refers to the case of stealing corns lying in the threshing yard, where they are husked. In the case of corns stored in the house, the fine shall be ‘eleven times their value,’ as declared above (330). — (331)

 

Explanatory notes by Ganganath Jha:

‘Niranvaye’ — ‘(a) Friendly leading, or, (b) neighbourliness, or (c) absence of watchman’ (Medhātithi); — Govindarāja and Nārāyaṇa have (a); — and Kullūka and Rāghavānanda have (b). — See 198 above.

This verse is quoted in Vivādaratnākara (p. 324), which adds the following notes: — ‘Paripūteṣu,’ husked, — ‘niranvaye,’ (the appropriating being done) without any such justification as friendship and the like; in view of the present rule being inconsistent with what Manu has himself said in regard to ‘vadha’ being the penalty for stealing more than 10 kumbhas of grains, and ‘eleven times’ the fine for stealing lesser quantities, — people have held that the present rule is meant for thefts from the harvesting yard, the heavier penalties being for thefts from the houses.

 

Comparative notes by various authors:

(verses 8.326-331)

See Comparative notes for Verse 8.326-329.

 

 

VERSE 8.332 [Robbery (sāhasa)]

Section XLIV - Robbery (sāhasa)

 

स्यात् साहसं त्वन्वयवत् प्रसभं कर्म यत् कृतम् ।
निरन्वयं भवेत् स्तेयं हृत्वाऽपव्ययते च यत् ॥३३२॥

syāt sāhasaṃ tvanvayavat prasabhaṃ karma yat kṛtam |
niranvayaṃ bhavet steyaṃ hṛtvā'pavyayate ca yat ||332||

 

If the act is committed with violence and in the presence of men, it is ‘robbery’; it is ‘theft’ when done in the absence of men, and when it is denied after having been done. — (332)

 

Medhātithi’s commentary (manubhāṣya):

The taking away of what belongs to another is called ‘theft’; and on account of the denotation, of the root from which the word is derived, one who commits ‘theft’ is a ‘thief.’ But for cases of a particular kind of theft, special provisions have been made; that is why we have the present texts. In fact merely ‘taking what belongs to another’ cannot be ‘theft,’ because if it were, then in cases of debts and deposits also, punishments for ‘theft’ would have to be inflicted. The present texts have used a different name (‘sāhasa,’ ‘robbery,’ in place of ‘steya,’ ‘theft’) with a view to laying down different forms of punishment.

‘Is denied,’ — i.e., having done the act, the man says ‘I have not done it.’

‘The act is committed’ — such as causes pain to others, e.g., tearing clothes, setting (ire, taking away property and so forth. In the case of ‘setting fire,’ though there is no ‘taking away of property,’ yet it is regarded as ‘theft,’ because it is done secretly, and denied afterwards. But in cases of ‘theft,’ the punishment is determined by the nature of the article stolen; this would, therefore, not be applicable to the case of ‘setting fire.’ It is for this reason that the present section has been separated from that on ‘Theft.’

‘Act done with violence’; — since the text mentions ‘act’ in general, acts other than ‘the taking away of other’s property’ also, when clone with violence, would come under ‘robbery.’

“What punishment could there be in the case of the setting of fire, and such acts, when clone without violence?”

This we shall explain under the section on ‘Extirpation of Criminals.’

It is for this reason that, in a case where a house has been broken into, but nothing stolen, they declare the punishment to be what is laid down under ‘Extirpation of Criminals.’ Otherwise, this should have come under ‘Theft’ itself. — (332)

 

Explanatory notes by Ganganath Jha:

‘Ata eva sandhicchede & c.’ (Medhātithi, p. 1069, l. 10) — See Manu 9.276.

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 298), which adds the following Explanatory notes: — When the misappropriation of other’s property is done openly by force, even in the presence of watchmen and the king’s officers, then it is ‘Sāhasa’, robbery, — ‘theft’ consists in misappropriating secretly during absence, or by fraud; — and when the man, after avoiding the king’s officers and taking away the property, subsequently through fear, hides it, then also it is a case of ‘theft.’

It is quoted in Vivādaratnākara (p. 286), which adds the following notes: — ‘Anvayavat’ in the presence of the men guarding it, — ‘prasabham,’ by force; — i.e., it is ‘robbery’ when the misappropriation is done without any attempt at concealment; — ‘apavyayate’ hides, denies; — wherever there is misappropriation, it is ‘theft,’ which is of two kinds — (1) done in the absence of watchmen, and (2) done even in the presence of the watchman, but afterwards hidden.

The same work quotes it again on p. 350 where it adds the following explanation: — When the property is taken away in the presence of the watchman, this is what is called ‘sānvaya apahāra,’ which is robbery, but where it is taken away in the absence of the watchman, and then denied, it is theft.

It is quoted in ‘Mitākṣārā,’ (2.266), which adds the following notes: — ‘Anvayavat,’ in the presence of the guardians of the property, the state officials and others, — ‘prasabham,’ by force — where another’s property is taken away — it is called ‘robbery different from this is ‘theft,’ which is ‘niranvaya’ — i.e., done either in the absence of the guardians of property and others, or through fraud; — and whenever the act, though committed in the presence of these persons, is concealed through fear, this also is ‘theft’ Bālambhaṭṭī has declared ‘kṛtvāpavyayate ca yat’ to be the generally accepted reading, and explains it as ‘conceals.’

It is quoted in Smṛtisāroddhāra (p. 329), which explains ‘anvayavat’ as ‘before the owner’s eyes,’ and ‘niranvayam’ as ‘behind the owner’s back’; — and in Vīramitrodaya (Vyavahāra, 150b), which adds the same explanation and adds that even in cases of robbery, if the accused denies the act in the court, it becomes a case of ‘theft.’

 

Comparative notes by various authors:

Yājñavalkya (2.230). — ‘The forcible taking away of what does not belong exclusively to one has been called Robbery. The penalty in this case consists of a fine double the value of the article; if the robbery is denied, it shall he four times that value.’

 

Bṛhaspati (28.2 et seq.). — ‘Stealers are of two kinds — open (robbers) and secret (thieves); fraudulent traders, quacks, gamblers, dishonest judges, bribe-takers, cheats, persons pretending to interpret omens, or to practise propitiatory rites, low artists, forgers, hired servants refusing to work, dishonest umpires, perjured witnesses and jugglers — these are open stealers.’

Bṛhaspati (22.24). — ‘Robbery is declared to be threefold as it may be of the lowest, middling or highest kind; the punishment in each case should also be of the lowest, middling or highest sort, according to the nature of the article.’

Nārada (Theft, 1 et seq.). — ‘Two kinds of robbers stealing the goods of others have to he distinguished — the one kind, open and the other kind concealed. Open robbers are those who forge measures and weights, receivers of bribes, robbers, gamblers, public prostitutes, those who go about in disguise, etc., etc.’

Arthaśāstra (p. 100). — ‘The taking away of an article, if accompanied by force, is called Robbery, — if not accompanied by force, Theft, — also when the act is denied.

Kātyāyana (Vivādaratnākara, p. 287). — ‘When a thing is taken away forcibly, in the presence of watchmen, it is sāhasa, Robbery; if it is done secretly, it is steya, Theft.’

 

 

VERSE 8.333

Section XLIV - Robbery (sāhasa)

 

यस्त्वेतान्युपकॢप्तानि द्रव्याणि स्तेनयेन्नरः ।
तमाद्यं दण्डयेद् राजा यश्चाग्निं चोरयेद् गृहात् ॥३३३॥

yastvetānyupakḷptāni dravyāṇi stenayennaraḥ |
tamādyaṃ daṇḍayed rājā yaścāgniṃ corayed gṛhāt ||333||

 

If a man steals these things when they have been prepared, the king should fine him one hundred; as also him who steals the fire from the house. — (333)

 

Medhātithi’s commentary (manubhāṣya):

‘These things’ — yarns and the rest.

‘Prepared:’ — when the time for their being put to use, — in the form of being given away or enjoyed — is near at hand. Or it may mean ‘refined,’ i.e., ‘having fresh capacity produced in them.’ For instance, after the yarn is at first handed over to the weaver for being woven into cloth, it is doubled up, then turned up and so forth; the curd becomes ‘refined’ by having pepper, sugar and other things mixed with it; similarly milk, clarified butter and so forth.

In these eases the fine shall be ‘one hundred.’

If the reading is ‘? dyam’ in place of ‘śatam,’ then the fine shall consist of the ‘first amercement.’

‘Fire from the home’ — the fire kindled for the purpose of cooking meals; or the fire kindled in connection with the Agnihotra offerings; or the fire that is set up, without consecration, for the convenience of the cold-stricken poor. The same punishment applies to the case of all kinds of fire, — kindled at the time of cooking, or for relieving the cold of the poor, or for making sacrificial offerings, — be the quantity of fire stolen large or small.

Though under verse 326 where punishment for the stealing of ‘yarns’ and other things is laid down, we have the phrase ‘and other things’ (which might include Fire also), yet there can be no determination of its ‘value,’ since there is no buying or selling of it (so that ‘double the value’ could not be determined). Though it would he possible to fix the fine at a sum which would be the double of that which would enable a sufficient quantity of fire to be kindled, or which would constitute the ‘sacrificial fee’ necessary for the rekindling of the fire.

In addition to this fine, the necessity of satisfying the owner remains (as laid down under 288 above).

Thus then, in the case of the stealing of the sacrificial fire-triad, the thief shall pay to the owner of the fire the amount that would be needed for the re-kindling rites and for the expiatory rites necessary under the circumstances.

For these reasons the punishment prescribed in the present verse must be taken as referring to the fire kindled for household purposes; since that would be of small consequence. In the case of the sacrificial fire, the fine must be ‘double the value’ (as laid down in 329). Similarly in the case of the theft of such minor sacrificial accessories as kuśa, pebbles and such other things, — whose absence does not disqualify the sacrificer, — there should be cutting off of the limb, — says Śaṅkha. When however the fires themselves are stolen, the man becomes entirely incapacitated; why then should not the punishment in this case be most heavy? — (333)

 

Explanatory notes by Ganganath Jha:

‘Upakḷptāni’ — (a) ‘Ready for being put to use, in the way of gift, enjoyment and so forth, or (b) specially prepared or embellished’ (Medhātithi); — ‘Ready for use’ (Kullūka and Rāghavānanda). No commentator explains the term as ‘thread worked into cloth’; Buhler has no justification for attributing it to ‘Medh., Gov., Kull., and Rāgh.’

‘Agni’ — ‘Consecrated fire’ (Medhātithi and Kullūka); — also the ordinary fire (Govindarāja).

This verse is quoted in Vivādacintāmaṇi (p. 140), which says the ‘fire’ meant is that which has been consecrated by either Śrauta or Smārta rites.

 

 

VERSE 8.334

Section XLIV - Robbery (sāhasa)

 

येन येन यथाङ्गेन स्तेनो नृषु विचेष्टते ।
तत् तदेव हरेत् तस्य प्रत्यादेशाय पार्थिवः ॥३३४॥

yena yena yathāṅgena steno nṛṣu viceṣṭate |
tat tadeva haret tasya pratyādeśāya pārthivaḥ ||334||

 

By whatever limb the thief operates against men, that shall the king take off, by way of retribution. — (334)

 

Medhātithi’s commentary (manubhāṣya):

The punishment here laid down is meant for one who is repeatedly addicted to stealing. If even on being found, the man does not remain in the path of rectitude, then, after having been fined thrice or four times, he should have his limb cut off, — irrespectively of the quality or quantity of the article stolen, as also of any considerations regarding his having broken through a wall or other details, — merely on the strength of his having committed the act of stealing.

When the thief acts, — i.e., steals through the strength of any particular limb, — that limb the king should ‘take off’ — i.e., cut off. For instance, if the thief depending upon his fleet foot, runs off, under the impression that no one can overtake him, — then his feet should be cut off. When another relies upon his knowledge of the art of breaking through walls, he should have his hands cut off.

‘By way of retribution’ — with a view to make him receive a reward in keeping with his act.

Or ‘pratyādeśa’ may stand for reproach, forcible, dignified, angry and contemptuous; consisting in the king’s declaration ‘he who acts thus, him shall I treat in this manner.’ — (334)

 

Explanatory notes by Ganganath Jha:

‘Pratyādeśāya’ — ‘By way of making a deterrent example’ (Medhātithi); — ‘for the purpose of preventing repetition’ (Kullūka).

 

Comparative notes by various authors:

Nārada (Theft, 34). — ‘With whatever limb a thief acts among men, that very limb shall be taken away from him such is the law ordained by Manu.’

 

 

VERSE 8.335

Section XLIV - Robbery (sāhasa)

 

पिताऽचार्यः सुहृत्माता भार्या पुत्रः पुरोहितः ।
नादण्ड्यो नाम राज्ञोऽस्ति यः स्वधर्मे न तिष्ठति ॥३३५॥

pitā'cāryaḥ suhṛtmātā bhāryā putraḥ purohitaḥ |
nādaṇḍyo nāma rājño'sti yaḥ svadharme na tiṣṭhati ||335||

 

Neither the father or the preceptor or the friend or the mother or the wife or the son or the priest is unpunishable for the King, when they do not keep within their duty. — (335)

 

Medhātithi’s commentary (manubhāṣya):

“It has been asserted that ‘the wife and the sou form one’s own body’; what would be the punishment inflicted upon one’s self?”

It would consist of expiatory rites, austerities and charities. Whoever does not perform his duty, or deviates from his duty, should be punished. — (335)

 

Explanatory notes by Ganganath Jha:

This verse is qüoted in Parāśaramādhava (Ācāra, p. 391); — in Vīramitrodaya (Rājanīti, p. 291), which adds that the father and mother must be exceptions to this rule, as is clear from the following Smṛti-text quoted by Vijñāneśvara: — ‘The following are unpunishable — Father, Mother, Accomplished Student, Priest, Wandering Mendicant, Anchorite, &c.’ Similarly the ‘very learned man’ should not be punished.

It is quoted in Vivādaratnākara (p. 628).

 

Comparative notes by various authors:

Mahābhārata (12.121.60).

Yājñavalkya (1.357). — ‘Even a brother, a son, revered person, father-in-law or maternal uncle, — none of these is unpunishable for the King, if he has deviated from his path of duty.’

Dakṣa (Aparārka, p. 590). — ‘If a man after having become a wandering mendicant does not remain firm in his duty, he shall be banished after having been branded with the sign of the dog’s foot.’

Nārada (7.17). — ‘Should a man, after entering the order of religious ascetics, violate the duties of his order, the King shall cause him to be branded with a dog’s foot and banish him immediately from his realm.’

Bṛhaspati (27.7). — ‘The King should punish elders, domestic priests, and persons commanding respect, with gentle admonition only.’

Smṛtyantara (Aparārka, p. 590). — ‘The mother and the father arc unpunishable; as also the Accomplished Student, the Domestic Priest, the Renunciate, the Ascetic, and people endowed with learning, character, purity and good conduct.’

Gautama (Vīramitrodaya-Rājanīti, p. 291). — ‘He who is very highly learned should not suffer corporal punishment, or imprisonment, or fine or banishment or blame.’

 

 

VERSE 8.336

Section XLIV - Robbery (sāhasa)

 

कार्षापणं भवेद् दण्ड्यो यत्रान्यः प्राकृतो जनः ।
तत्र राजा भवेद् दण्ड्यः सहस्रमिति धारणा ॥३३६॥

kārṣāpaṇaṃ bhaved daṇḍyo yatrānyaḥ prākṛto janaḥ |
tatra rājā bhaved daṇḍyaḥ sahasramiti dhāraṇā ||336||

 

When an ordinary man would be fined one ‘Kārṣāpaṇa,’ the king should be fined one thousand; such is the established rule. — (336)

 

Medhātithi’s commentary (manubhāṣya):

‘Ordinary man’ — a common person; who is not possessed of any special qualifications; — for a certain crime the King shall he fined a thousand times the fine that would be imposed upon an ordinary man; — the ‘kārsāpaṇa’ being mentioned only as a standard of fine.

Since punishment is meant to accomplish a visible purpose, it is only right that the king should punish himself also for any crime that he commits; as it is only by doing so that he can keep other men under check, and, in as much as he is very wealthy, he would not mind a small fine.

On the same principle the fine in the case of the king’s officers, — ministers, priests and others, — shall vary.

The fine imposed upon himself should be either given away to Brāhmaṇas, or thrown into water as an offering to Varuṇa; since it is going to be declared that Varuṇa ‘holds the sceptre over kings’ (9.245). — (336)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 654), which adds that the ‘rājās’ meant here are the subsidiary kings.

 

 

VERSE 8.337-338

Section XLIV - Robbery (sāhasa)

 

अष्टापाद्यं तु शूद्रस्य स्तेये भवति किल्बिषम् ।
षोडशैव तु वैश्यस्य द्वात्रिंशत् क्षत्रियस्य च ॥३३७॥

ब्राह्मणस्य चतुःषष्टिः पूर्णं वाऽपि शतं भवेत् ।
द्विगुणा वा चतुःषष्टिस्तद्दोषगुणविद्द् हि सः ॥३३८॥

aṣṭāpādyaṃ tu śūdrasya steye bhavati kilbiṣam |
ṣoḍaśaiva tu vaiśyasya dvātriṃśat kṣatriyasya ca ||337||

brāhmaṇasya catuḥṣaṣṭiḥ pūrṇaṃ vā'pi śataṃ bhavet |
dviguṇā vā catuḥṣaṣṭistaddoṣaguṇavidd hi saḥ ||338||

 

In the case of theft, the guilt of a Śūdra is eightfold, that of the Vaiśya sixteen-fold, and that of the Kṣatriya thirty-two-fold; — (337) that of the Brāhmaṇa sixty-four-fold, or fully hundred-fold, or twice sixty-four-fold; when he is cognisant of the good or bad quality of the act. — (338)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.337-338)

‘When he is cognisant of the good or bad quality of the act’; — this points out the reason for what is here laid down; and from this it is clear that the penalty here prescribed is meant for the educated. Thus then, if for a guilt an ordinary man is fined one ‘Kārṣāpaṇa,’ the learned Śūdra incurs the ‘eight-fold guilt;’ — that is, that which is connected with the number ‘eight,’ or that which is folded, multiplied, eight times. In either case the term ‘eight-fold’ means that the educated Śūdra’s guilt is eight times that of the ordinary man.

That of the Vaiśya is double that of the Śūdra; since he is himself entitled to study the Veda and acquire the necessary knowledge, while the Śūdra can learn only a little through serving or associating with the Brāhmam.

As for the Kṣatriya, though, in the point of knowledge, he stands on the same footing as the Vaiśya, yet, in as much as the protecting of people forms part of his duty, his guilt is double that of the Vaiśya.

As regards the Brāhmaṇa, the author cannot be content with prescribing any amount of penalty, — ‘sixty-four, — hundred, — hundred and twenty-eight.’ Since it is his duty to expound the duties of men and instruct them, and thus guard them against evil.

What blame can attach to the common man, who is on the same level as the lower animals? Uneducated men cannot know the good or bad character of actions, and hence they are led to do what should not he done. If, however, the educated men were also to behave in the same manner, then alas! the world would be doomed! As there would be no third man to teach men their duty, — it having been declared that — ‘only two men are known in the world — the King and the learned Brāhmaṇa.’ For the king, a heavy punishment having been already prescribed in the preceding verse, the present verse lays it down for the Brāhmaṇa.

Thus all that the present verse enjoins is heavier punishment (for the Brāhmaṇa), and the exact numbers are not to be taken literally. Because so far as the Brāhmaṇa is concerned, it has been declared that there can be no limit to his punishment. Nor would it be right to lay down any option — ‘this or that’ — in this case [as it would be if the words were taken literally ]; as there would be nothing to determine which of them it should be in any particular case; since both the options being equally authoritative, it would be impossible to find any case in which the lower penalty could be imposed. What king is there, for instance, who would accept only a sixty-four-fold fine, and give up one the double of that figure? Further, one would have been admissible in the case only if punishments were meant to serve a transcendental purpose; as a matter of fact however, they are not meant to serve any transcendental purpose, as we have already explained. Says Gautama (12.17) — ‘For the educated there should be heavier punishment.’ For these reasons the very indefiniteness of the assertion deprives it of injunctive force. Nor would it he right to take the option as determined by the qualifications of the culprit; as this has been already laid down under verse 232, et seq.

Further, the fact of the present passage being an injunction is indicated by the purpose served by it; and as that purpose is served by its being taken as prescribing heavier punishment in general, there can be no justification for its being taken literally and hence laying down options. — (337-338).

 

Explanatory notes by Ganganath Jha:

(verses 8.337-338)

These verses are quoted in Mitākṣarā (2.275), in support of the view that the fine imposed for theft should vary with the caste of the thief; whereon Bālambhaṭṭī notes two different readings (see Note I); — in Parāśaramādhava (Vyavahāra, p. 302): — and in Vivādaratnākara (342), which adds the following notes: — ‘Aṣṭāpādyam’ means ‘multiplied eight times,’ — ‘kilviṣam,’ the amount of fine imposed as punishment; the meaning thus is that the fine to be imposed upon a learned śūdra should be eight times that on an ignorant śūdra; similarly in the case of the Vaiśya and others also; — for the Brāhmaṇa the fine is to be either full one hundred, or twice 64; — the reason for this is ‘taddoṣaguṇaviddhi saḥ,’ — ‘because the Brāhmaṇa is fully cognisant of the evil character of theft — thus the fact of the culprit being cognisant of the evil being a ground for enhanced penalty in the case of the Brāhmaṇa, the same principle is to be applied to the case of the Śūdra and others also. That offence for which the legal penalty for the Śūdra, is one, for the Vaiśya, the Kṣatriya and the Brāhmaṇa, it should be double the amount of the preceding; so that the penalty for the ignorant Śūdra being one, that of the learned Śūdra is eight times — aṇd that of the learned Vaiśya 16, the learned Kṣatriya 32 and the learned Brāhmaṇa 64 times.

These are quoted also in Prāyaścittāviveka (p, 348), which says that all that is meant is to deprecate the act, and to show that the gravity of the offence is in proportion to the caste of the delinquent; — it explains ‘aṣṭāpādyam’ as ‘that which is multiplied by eight; aṣṭābhiḥ āpadyate guṇyate iti,’ — the single unit being meant for those lower than the Śūdra; — in Vivādacintāmaṇi (p. 144), which attributes them to Yājñavalkya, and says that ‘taddoṣaguṇavit’ is to be construed all through; so that the meaning is that the fine in the case of the Śūdra who is cognisant of the seriousness of the offence is to be eight times that of the ignorant man, and so on, the fine varying with the qualifications of the offender.

 

Comparative notes by various authors:

(verses 8.337-338)

Gautama (12.15-17). — ‘The value of property which a Śūdra unrighteously acquires by theft, must be repaid eightfold; — for each of the other castes, the fine shall be doubled; if a learned man offends, the punishment shall be very much enhanced.’

Nārada (Theft, 51-52). — ‘In theft, the crime of the Śūdra is eight times (that of the lowest caste); of the Vaiśya, sixteen-fold; of the Kṣatriya, thirty-two-fold; of the Brāhmaṇa sixty-four-fold — Knowledge also makes a difference; for knowing persons, the punishment is specially severe.’

 

 

VERSE 8.339

Section XLIV - Robbery (sāhasa)

 

वानस्पत्यं मूलफलं दार्वग्न्यर्थं तथैव च ।
तृणं च गोभ्यो ग्रासार्थमस्तेयं मनुरब्रवीत् ॥३३९॥

vānaspatyaṃ mūlaphalaṃ dārvagnyarthaṃ tathaiva ca |
tṛṇaṃ ca gobhyo grāsārthamasteyaṃ manurabravīt ||339||

 

Fuel for fire and trees, roots and fruits, and grass, for feeding cows, — the taking of these Manu has declared to be no theft. — (339)

 

Medhātithi’s commentary (manubhāṣya):

‘Vānaspatyam’ stands for trees, ‘vanaspati’; — the affix having the reflexive force. When this is taken ‘for feeding cows,’ it is not ‘theft.’

‘Roots and fruits’ — of trees; as also lotus-roots, corns and so forth.

Under verse 326 et seq., punishment has been prescribed in connection with ‘roots and fruits,’ along with ‘yarns’ and other things, — when taken for purposes other than the feeding of cows. Hence when the act is here said to be ‘not theft,’ it refers only to cases where they are taken ‘for feeding cows.’

According to another Smṛti-text however, punishment has got to be inflicted in a case where the man is not suffering from any actual shortage, and he takes the things through sheer childishness; specially when they are within an enclosure. Says Gautama (12.28) — ‘Fruits and flowers one may take as his own, of tre.es that are not enclosed.’

‘Fuel for fire’; — if the man who has set up the fire finds no trees near him, and finds that the fire would be extinguished, if he takes fuel for keeping it alive, there is no harm in this, he might supply the lire with fuel consisting of leaves; but in a village where leaves are not available in large quantities, if he takes some fuel, there can be no harm in this.

‘Grass for cows’; — the Dative in ‘gobhyaḥ’ means ‘for the sake of.’

In as much as the text specifies this, it would be wrong if the grass were taken for the purpose of making mats.

Some people hold that the term ‘grass’ itself indicates that it is meant for cows. But for them there would be no justification for the presence of the term ‘for cows,’ ‘goḥbyaḥ (gobhyaḥ?)’ (with the Dative); as in that case the Genitive would be the right form. — (339)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta (II, p. 252); — in Prāyaścittaviveka (p. 116), which says that what is meant is that the sin of the act is removed by the use mentioned, and not that it is not a case of ‘theft’; — and in Vivādacintāmaṇi (p. 147), which says that the ‘fruits’ meant should be such as do not belong to another person.

 

Comparative notes by various authors:

Gautama (12.28). — ‘One may take as one’s own, grass for a cow, and fuel for his fire; as also flowers of creepers and trees and their fruit, if these be unfenced.’

Āpastamba (1.28.1-6). — ‘He who, under any condition whatsoever, covets and takes another man’s property is a thief; thus teach Kautsa and Hārīta, as well as Kaṇva and Puskarsādi. Vārsyāyani declares that there are exceptions to this law, in regard to some things; — e.g., seeds ripening in the pod, food for a draught-ox; if these are taken, the owner should not forbid it. To take even these in large quantities is sinful. Hārīta declares that in every case the permission of the owner must he obtained first.’

Yājñavalkya (2.166). — ‘Grass, fuel and flowers, the twice-born may take from all places.’

Smṛtyantara (Aparārka, p. 774). — ‘Grass, wood, flower or fruit — if one takes any of these without permission, he deserves to have his hand cut oil.’

Nārada (Theft, 22-24). — ‘For stealing, wood, cane, grass and the like...... vegetables, green roots, grass or flowers... a fine of five times the value of the article stolen.’

 

 

VERSE 8.340

Section XLIV - Robbery (sāhasa)

 

योऽदत्तादायिनो हस्तात्लिप्सेत ब्राह्मणो धनम् ।
याजनाध्यापनेनापि यथा स्तेनस्तथैव सः ॥३४०॥

yo'dattādāyino hastātlipseta brāhmaṇo dhanam |
yājanādhyāpanenāpi yathā stenastathaiva saḥ ||340||

 

If a Brāhmaṇa seeks, even by sacrificing and teaching, to obtain wealth from one who has taken what has not been given to him, — he is just like a thief. — (340)

 

Medhātithi’s commentary (manubhāṣya):

This text is in the form of a corollary. the meaning is that the Brāhmaṇa who derives his livelihood from thieves should he punished like a thief.

‘Even by sacrificing and teaching’; — the term ‘even’ indicates other acts also; so that accepting gifts and friendly presents, etc., also become included.

Of the Kṣatriya and other castes, the means of living are other than these; such as trade and the rest. So that to their case the rule would apply if they received the property of thieves in the course of such transactions.

The Brāhmaṇa has been specially mentioned, with a view to prevent the possibility of his entertaining such ideas as ‘I have acquired this by the lawful me ms of sacrificing for the man.’

‘Who has taken what was not given to him’ — i.e., the thief.

‘Seeks to obtain’ — wishes to acquire.

If even though he may not have actually received the sacrificial fee, yet, he should he punished like a thief, simply on the ground of his having associated and having had dealings with a thief. — (340)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 340), which explains ‘adattādāyin’ as the thief, and adds that ‘api’ includes also gifts and so forth; — and in Mitākṣarā (2.113), which remarks that if ‘proprietary right’ were something purely temporal, then there would be no justification for the penalty being inflicted on the Brāhmaṇa who acquires wealth by teaching and sacrificing for thieves, as laid down in the present text. Bālambhaṭṭī has the following notes: — ‘Adattādāyin’ means ‘one who takes (ādadāti) another’s property when it is not given (adattam) by him’; — in ‘yājanādhyāpanena’ (or ‘ — nāt’ as read in Mitākṣarā) we have the causative copulative compound; — ‘api’ includes gift also.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 992); — and in Vivādacintāmaṇi (p. 144).

 

Comparative notes by various authors:

Gautama (12.49-50). — ‘A man who knowingly becomes the servant of a thief shall be treated like a thief; — likewise he who knowingly receives goods from a thief or an unrighteous man.’

Kātyāyana (Vivādaratnākara, p. 340). — ‘Purchasers of stolen property and accepters of gifts from thieves, as also those who lend them cover, have been declared to be deserving of the same punishment as the thief.’

 

 

VERSE 8.341

Section XLIV - Robbery (sāhasa)

 

द्विजोऽध्वगः क्षीणवृत्तिर्द्वाविक्षू द्वे च मूलके ।
आददानः परक्षेत्रात्न दण्डं दातुमर्हति ॥३४१॥

dvijo'dhvagaḥ kṣīṇavṛttirdvāvikṣū dve ca mūlake |
ādadānaḥ parakṣetrātna daṇḍaṃ dātumarhati ||341||

 

If a twice-born person, running short of provisions while on a journey, takes two sugar-cane stalks, or two roots, from another man’s field, he does not deserve to be made to pay a fine. — (341)

 

Medhātithi’s commentary (manubhāṣya):

The text has used the term ‘twice-born person’ with a view to preclude Śūdras.

‘On a journey’ — i.e., not an inhabitant of the same village; — hut there also he should be one ‘who has run short of provisions’ — i.e., whose journey-rations have been exhausted.

‘Two sugar-cane stalks’ and ‘two roots’; — these are mentioned only by way of illustration, indicating small quantities of green vegetables, mudga -grains, leguminous grains and so forth. Says another Smṛti-text — ‘There is no prohibition regarding leguminous grains, cucumber and grass.’

‘From another man’s field’ — i.e., from a place belonging to another person; — even though it be within an enclosure. — (341)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣara (2.275), to the effect that there is no punishment for way-farers stealing some little things on the way. Bālambhaṭṭī adds the following notes: — ‘Adhvāga,’ way-farer, — ‘kṣīṇavṛttiḥ,’ with his food-supply exhausted.

It is quoted in Parāśaramādhava (Vyavahāra, p. 314); — in Vivādacintāmaṇi (p. 146), which explains ‘kṣīṇavṛttiḥ’ as having no food for the journey; — and in Saṃskāramayūkha (p. 124).

 

Comparative notes by various authors:

See Manu, 11.16-17.

 

 

VERSE 8.342

Section XLIV - Robbery (sāhasa)

 

असन्दितानां सन्दाता सन्दितानां च मोक्षकः ।
दासाश्वरथहर्ता च प्राप्तः स्याच्चोरकिल्बिषम् ॥३४२॥

asanditānāṃ sandātā sanditānāṃ ca mokṣakaḥ |
dāsāśvarathahartā ca prāptaḥ syāccorakilbiṣam ||342||

 

One who enchains the unchained, or sets free the enchained, as also one who takes away a slave, a horse or a chariot, incurs the guilt of the thief. — (342)

 

Medhātithi’s commentary (manubhāṣya):

Sometimes horses and other animals, freed from their tethers, are found to be grazing in fields covered with fodder; if during the time the master of the Held or the keeper of the cattle happen to be asleep, and some one else ‘enchains’ — ties them up, — the presumption is that he is going to steal the cattle, and hence he deserves to be punished like a thief. But there is nothing wrong in a case where one ties up an animal that may have strayed either from the owner’s house or from the. herd, with a view to keeping it from harm.

The same penalty applies to one who puts a rope round the neck of the cow; also to one who ‘sets free’ those that are ‘enchained’ — tied up with chains in the feet.

Similarly one who ‘takes away slaves’ — those engaged to serve in return for maintenance, — by enticing them with such words as — ‘I shall pay yon more, why do you stick to this man?’

For the enticing away of persons of noble families, the ‘death-penalty’ has been laid down above under 323, and the present verso lays down that for enticing slaves and similar persons; and just as in the former case what is meant is that persons belonging to noble families should not be enticed away, nor forcibly carried away by stealth, — so in the present case also.

‘Who takes away horses and chariots’; — Verse 324 has referred to horses belonging to the king, the present refers to those belonging to the people. In the former case the punishment depends upon the Rājā’s wish, but in the present case ‘immolation’ is strictly laid down.

Though there are several forms of punishment for thieves, yet ‘immolation’ is what should be taken to be meant here, on the strength of what is laid down in other Smṛti texts, such as — ‘Those who entice away prisoners, horses and elephants and those who attach people by force should be impaled.’ In the present case however the general law relating to thieves — that of cutting off the limb whereby he does the act — may be applied.

Others take this verse to refer to ‘chariots with horses yoked to them,’ which includes the bullock-cart and the rest also.

Under this explanation, the exact punishment for the stealing of horses only, or chariots only, would have to be found out; specially as in other smṛti -texts, ‘immolation’ has been prescribed for the stealing of horses only. It may be that the same penalty may apply also to the case of stealing horses along with chariots.

According to those who explain the ‘haraṇa,’ ‘taking away,’ of the text as enticing away with inducements, the term ‘chariot’ has to be taken as standing for the chariot-maker; and this would include all kinds of mechanics. So that for enticing away a mechanic, the penalty would be the same as that in the case of the thief. Horses also are ‘enticed away with inducements’ by having a mare placed before them. — (342)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 319), which adds the following notes: — ‘Sandhātā,’ one who ties up with a view to taking it away; — similarly ‘vimokṣakaḥ’ (which is its reading for ‘ca mokṣakaḥ’), is one who sets it free with the intention of taking it; — ‘caurakilviṣam,’ the penalty for theft, corporal or monetary; — and in Vivādacintāmaṇi (p. 136) which explains the meaning to be that the punishment is to be meted out to (1) the person who tethers untethered cattle for the purpose of taking it away, or (2) one who untethers those that are tethered, for taking them away, or (3) one who deprives one of any one of the properties mentioned, — i.e. the share and the rest.’

 

Comparative notes by various authors:

See Texts under CCCXXV above.

 

 

VERSE 8.343

Section XLIV - Robbery (sāhasa)

 

अनेन विधिना राजा कुर्वाणः स्तेननिग्रहम् ।
यशोऽस्मिन् प्राप्नुयात्लोके प्रेत्य चानुत्तमं सुखम् ॥३४३॥

anena vidhinā rājā kurvāṇaḥ stenanigraham |
yaśo'smin prāpnuyātloke pretya cānuttamaṃ sukham ||343||

 

By punishing thieves in accordance with th is law, the king obtains fame in this world, and after death, unsurpassable bliss. — (343)

 

Medhātithi’s commentary (manubhāṣya):

In the manner described above, he who punishes thieves, obtains ‘fame’ — praise from all men, ‘in this world,’ as long as he lives; and ‘after death, unsurpassable bliss’ in the shape of Heaven.

This sums up the section. — (343)

 

 

VERSE 8.344 [Violence (hiṃsā)]

Section XLV - Violence (hiṃsā)

 

अइन्द्रं स्थानमभिप्रेप्सुर्यशश्चाक्षयमव्ययम् ।
नोपेक्षेत क्षणमपि राजा साहसिकं नरम् ॥३४४॥

aindraṃ sthānamabhiprepsuryaśaścākṣayamavyayam |
nopekṣeta kṣaṇamapi rājā sāhasikaṃ naram ||344||

 

The king who is desirous of indra’s eternal place, as also of imperishable fame, shall not ignore the desperado even for a moment. — (344)

 

Medhātithi’s commentary (manubhāṣya):

In the terra ‘sāhasikaḥ,’ ‘desperado,’ ‘desperation’ means violence; hence the ‘desperado’ is one who commits violence; i.e, the man who, not minding either the physical or spiritual effects of his acts, is prompted by the sheer spirit of violence, and openly engages himself in causing suffering to others by such acts as theft, hurt, adultery and so forth. This is what has been already referred to under 332.

This ‘violence’ is not anything different from theft and the rest; these same acts are called ‘violent crimes’ when they are done with a certain amount of daring. Such acts as setting fire, tearing clothes and the like, are also ‘acts of violence,’ since they involve the destruction of property.

The punishment of such a person the king ‘shall not ignore,’ — should not delay, — ‘even for a single moment,’ i.e., he should be punished the moment he is caught.

‘Indra’s place,’ — the place that belongs to Indra, i.e., Heaven; — ‘he who seeks to obtain’ that; or he who desires his own kingly position to be ‘aindra,’ like that of Indra, in point of stability.

If the king punishes those that deserve to be punished, — exercising both rigour and mercy — his people become attached to him, — ‘as the rivers to the ocean,’ as described above.

‘Imperishable and eternal fame’; — we have two qualifying epithets, because we have two nouns to qualify — ‘eternal place,’ and ‘imperishable fame.’ Or both the epithets may he taken as qualifying ‘fame’; — ‘perishing’ denoting lessening of quantity, and ‘non-eternality,’ absolute destruction. And both these qualities belong to the ‘fame’; it never wanes, and it never dies.

This is a valedictory description of things as they happen. — (344)

 

Comparative notes by various authors:

Nārada (18.30). — ‘When the King seated on the throne of judgment, full of majesty, deals out punishment, equitable towards all creatures, he is called Vaivasvata.’

Śukranīti (4.5.107). — ‘For cases of murder, thieving, robbery and felonies, there is no fixed time; these should he adjudicated at once.’

 

 

VERSE 8.345

Section XLV - Violence (hiṃsā)

 

वाग्दुष्टात् तस्कराच्चैव दण्डेनैव च हिंसतः ।
साहसस्य नरः कर्ता विज्ञेयः पापकृत्तमः ॥३४५॥

vāgduṣṭāt taskarāccaiva daṇḍenaiva ca hiṃsataḥ |
sāhasasya naraḥ kartā vijñeyaḥ pāpakṛttamaḥ ||345||

 

He who commits violence is to be regarded as the worst offender, as compared to one who is wicked of speech, to a thief and to one who hurts with a staff. — (310)

 

Medhātithi’s commentary (manubhāṣya):

This is another declamation eulogising the injunction of punishment.

‘Wicked of speech’; — he who offends with words.

‘Taskara’ is a thief.

‘With a staff’ — the ‘staff’ stands here for anything that hurts, any weapon.

In comparison to all these three kinds of offenders, dealt with in the three foregoing sections, the one going to be dealt with now is the worst. — (345)

 

Comparative notes by various authors:

(verses 8.345-347)

Nārada (14-1 et seq.). — ‘Whatever act is performed by persons inflamed with strength is called Violence. Manslaughter, robbery, indecent assault on another man’s wife, the two kinds of assault are the four kinds of Violence. Destroying, reviling, disfiguring or otherwise injuring fruits, roots, water and the like, or agricultural implements............ The punishment to be inflicted for Violence shall be proportionate to the heaviness of the crime, but it shall not be less than a hundred.’

 

 

VERSE 8.346

Section XLV - Violence (hiṃsā)

 

साहसे वर्तमानं तु यो मर्षयति पार्थिवः ।
स विनाशं व्रजत्याशु विद्वेषं चाधिगच्छति ॥३४६॥

sāhase vartamānaṃ tu yo marṣayati pārthivaḥ |
sa vināśaṃ vrajatyāśu vidveṣaṃ cādhigacchati ||346||

 

The king who condones the perpetrator of violence quickly falls into destruction and incurs hatred. — (346)

 

Medhātithi’s commentary (manubhāṣya):

This also is a declamation.

He who condones the man addicted to violence — the causal affix in ‘marṣayati’ having the reflexive force, it means ‘forgives,’ ‘bears with,’ — ‘quickly falls into destruction,’ and becomes hated among his people; and being thus hated, he comes to be assailed and overcome. — (346)

 

Comparative notes by various authors:

(verses 8.345-347)

See Comparative notes for Verse 8.345.

 

 

VERSE 8.347

Section XLV - Violence (hiṃsā)

 

न मित्रकारणाद् राजा विपुलाद् वा धनागमात् ।
समुत्सृजेत् साहसिकान् सर्वभूतभयावहान् ॥३४७॥

na mitrakāraṇād rājā vipulād vā dhanāgamāt |
samutsṛjet sāhasikān sarvabhūtabhayāvahān ||347||

 

Neither for the sake of friendship, nor for the sake of a large gain of money, should the king let off the perpetrators of violence, who cause terror to all living beings. — (347)

 

Medhātithi’s commentary (manubhāṣya):

For the reasons explained above, it is added — on account of his own friendship with the criminal, — or at the request of the minister or some other officer — or with the idea that the criminal himself is giving him a large amount of money, — the king shall not condone him; since perpetrators of violence cause terror to all creatures.

This also is purely declamatory. — (317)

 

Comparative notes by various authors:

(verses 8.345-347)

See Comparative notes for Verse 8.345.

 

 

VERSE 8.348-349

Section XLV - Violence (hiṃsā)

 

शस्त्रं द्विजातिभिर्ग्राह्यं धर्मो यत्रोपरुध्यते ।
द्विजातीनां च वर्णानां विप्लवे कालकारिते ॥३४८॥

आत्मनश्च परित्राणे दक्षिणानां च सङ्गरे ।
स्त्रीविप्राभ्युपपत्तौ च घ्नन् धर्मेण न दुष्यति ॥३४९॥

śastraṃ dvijātibhirgrāhyaṃ dharmo yatroparudhyate |
dvijātīnāṃ ca varṇānāṃ viplave kālakārite ||348||

ātmanaśca paritrāṇe dakṣiṇānāṃ ca saṅgare |
strīviprābhyupapattau ca ghnan dharmeṇa na duṣyati ||349||

 

Twice-born persons shall carry arms: When religion is interfered with, when there is confusion among the twice-born castes caused by the exigencies of time, — (348) in his own defence, in cases of hindrance of sacrificial fees, in the case of outrages upon Brāhmaṇas and women, — if one strikes in the cause of right, he incurs no sin. — (319)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.348-349)

From what has been said above (in 4.36) regarding the carrying of ‘a bamboo-stick’ the carrying of weapon being permitted to a Vedic-scholar, it is just possible that when possessed of much physical strength, if he were to take up arms, he would be regarded as a desperado; hence for fear of his becoming a criminal, it would seem that the carrying of weapons is forbidden to him; it is in view of this idea that the present text sanctions the taking up or arms under certain circumstances — ‘Twice-born persons shall carry arms.’

This sentence ends here (as a general permission); the rest (of the two verses) is to be taken along with — ‘if one strikes in the cause of right, etc., etc.’ Thus there are two distinct sentences here.

Some people hold that arms are to be taken up only under the circumstances described hero (and hence they take the whole of the two verses as a single sentence). But according to this view, what would he the condition of the man who would be unexpectedly attacked by a desperado? Certainly desperados would not wait for him to take up arms.

Another interpretation possible is that — “when religion is interfered with, when there is confusion caused by exigencies of time, i.e., when things have become unsettled on the death of a king — one may take up arms; but at other tiroes the necessary protection would be afforded by the king himself.”

But in reality the king cannot spread out his hands and reach every individual person in the kingdom. There are some desperados who attack even the boldest, and the most trusted officers of the king; but they fear persons carrying arms.

For these reasons it is right that one should carry arms at all times.

The question arising — are arms to be carried only for the purpose of striking fear in the minds of people? — the answer is ‘no,’ — ‘if one strikes in the cause of right, he does not incur sin’; — i.e., what is permitted extends up to striking.

What Āpastamba (1.10.6) has declared — ‘The Brāhmaṇa shall not take up a weapon even for the purpose of testing it’ — prohibits the raising of weapons, when none of the mentioned occasions is present, and not the carrying of them; because weapons are unsheathed, when they are tested.

‘When religion is interfered with,’ — when the performance of sacrifices and other religious rites is obstructed by some men.

‘When there is confusion among the castes’ — absence of all restraint, admixture of castes, and so forth.

‘Caused by the exigencies of time,’ — such as the death of the king, and such other calamities. On all these occasions one shall carry arms fur the protection of his properly and family.

Others hold that on the occasions stated, arms may be carried for the sake of other people also; — says Gautama (21.19) — ‘Also when some one is striking a weaker man, if he is able to rescue him.’

Interference with religious rites, and confusion of castes having been already mentioned as occasions for taking up arms, the author proceeds to mention other occasions also — ‘In his own defence’ — i.e., for defending his own body, wife, children and property , — against all kinds of danger — this is what is signified by the preposition ‘pari’ in the term ‘paritrāṇe’; — ‘if one strikes, he incurs no sin.’

‘In cases of hindrance of sacrificial fees’ — when other people are taking away the sacrificial fee set up in connection with a performance, — then one must fight, on that account.

Others construe the phrase to mean ‘when there is a strife for sacrificial fees’; — i.e., if some trouble arises over them.

‘In the case of outrage upon’ — insult, ill-treatment of, — ‘women and Brāhmaṇas,’ — where modest women are being forcibly outraged, or killed; or where a Brāhmaṇa is being killed by some people, — ‘if one strikes’ with the sword or some such weapon, ‘he incurs no sin.’ That is, this involves no transgression of the prohibition of causing injury to others.

If there was no prohibition, one might do as he liked; but when we look at other injunctions and ponder over the declaration of Gautama — ‘One should take up arms when a weaker person is being struck, if he is able to rescue him,’ — we understand that one must strike, under the circumstances. But if one fears that he may be struck hack, then he might ignore (what is happening to others), in accordance with the maxim that ‘one should guard himself against all dangers.’ — (348-349).

 

Explanatory notes by Ganganath Jha:

(verses 8.348-349)

These verses are quoted half and half in Aparārka (p. 1043).

They are quoted in Madanapārijāta (p. 784), which adds the following notes : — ‘Kālakārite viplave’, ‘if there is interference with the sacred duties due either to the tendencies of the king or to the tendency of the times,’ — ‘tat paritrāṇe saṅgare’, ‘if fighting ensues for the safety of those’; — ‘abhyupapatti’ is ‘preservation’; — ‘dharmeṇa’, ‘not by dishonest weapons or by dishonest methods.’

The first half of verse 348 is quoted in Mitākṣarā (2.286) in support of the view that, in certain cases — when, for instance, one finds the paramour with his wife, and there would be delay if he were to lodge a regular complaint before the king, — the man would be justified in taking up a weapon and killing the paramour. Bālambhaṭṭī explains the entire verse: — ‘(1) When arrogant persons prevent Brāhmaṇas from performing their sacred duties; (2) when, on the waning of royal authority due to foreign invasion, one has to take care of himself, (3) when one has to enter a fray for the preserving of cows &c., (4) or for the safety of women and Brāhmaṇas; — if one fights in a lawful manner, he incurs no sin.’

 

Comparative notes by various authors:

(verses 8.348-349)

Baudhāyana (2.4-15). — ‘They quote the following — “Out of regard for the sacred law, the Brāhmaṇa and the Vaiśya may take up arms for the protection of cows and Brāhmaṇas, or when a confusion of castes threatens to take place.”’

Vaśiṣṭha (3.24). — ‘The Brāhmaṇa and the Vaiśya may take up arms in self-defence and in order to prevent the confusion of castes.’

Gautama (7.25). — ‘If his life is threatened, even a Brāhmaṇa may use arms.’

 

 

VERSE 8.350

Section XLV - Violence (hiṃsā)

 

गुरुं वा बालवृद्धौ वा ब्राह्मणं वा बहुश्रुतम् ।
आततायिनमायान्तं हन्यादेवाविचारयन् ॥३५०॥

guruṃ vā bālavṛddhau vā brāhmaṇaṃ vā bahuśrutam |
ātatāyinamāyāntaṃ hanyādevāvicārayan ||350||

 

Without hesitation one should strike an approaching desperado, — be he a preceptor, a child, or an aged man, or a highly learned Brāhmaṇa. — (350)

 

Medhātithi’s commentary (manubhāṣya):

The author further points out that in one’s own defence a man should always fight.

That man is called a ‘desperado’ who is intent upon destroying one’s body, property, wife or children. Such a man one ‘should strike without hesitation.’

The mention of the ‘preceptor’ and the rest is purely by way of a commendatory declamation; the sense being — ‘when even such persons deserve to be struck, what of others?’ As a matter of fact, in the case of the persons named, there is to be no killing, even though they be desperados; since from what has been said under the text — ‘He shall never offend the teacher who explained the Veda, etc.’ (4.162) — it is clear that the striking of the preceptor is forbidden, even if he do harm.

It may be possible to construe the term ‘gurum’ with ‘ālatāyinam’; — hut in that case the two terms would mean ‘the great desperado’; so that the striking of desperados who are not ‘great’ would become precluded; — why? — because there is no other text (that would enjoin striking in their case).

“But there is the next verse — ‘there is no sin in killing a desperado,’ which permits the killing of all desperados in general.”

Not so; because we do not find any injunctive word in the next verse, which, on that account is best taken as a declamatory supplement to the previous injunction (contained in the present verse).

The revered teachers have declared as follows: — Though, in reality, the injunction contained in the text is that ‘one should strike the desperado,’ and all the rest is merely declamatory, — yet it has to be taken as sanctioning the striking of the preceptor and other persons mentioned. Because the mere ‘malefactor’ (who is mentioned in 4.162, as not to be offended) is something quite different from the ‘desperado’; — one who inflicts an ordinary injury, which does not involve any serious harm to the body, etc., is the ‘malefactor’; while the ‘desperado’ is something totally different; — being described in the following words. — ‘Ho who has lifted the sword, who is going to strike with poison or Are, who has raised his hands for the purpose of pronouncing a curse, who is going to kill by means of magic spells, who backbites against one to the king, who violates one’s wife, who is ever intent upon finding fault with one, — all these should be regarded as desperados?

Some people hold that — “from the use of the word ‘approaching’ in the text it would seem that the person who is rushing forward with uplifted sword, with a view to strike him, or one who is going to take away his wife, should be struck; — but when the injury has been done, he should ignore it.”

But this is not right; since in the next verse we find the phrase ‘openly or secretly,’ from which it is clear that the man who has done the harm, and he who is going to do it, both stand on the same footing. Hence the term ‘approaching’ must be taken as purely descriptive; whether he ‘approaches’ for doing harm, or after having done harm, — he is to be struck, because he is a ‘desperado; for the mere fact of his having done the act does not deprive him of the character of a ‘desperado.’ Further, the present text does not sanction the striking in one’s own defence only (in which case alone the above-mentioned meaning of the epithet would be applicable); since that has been already provided for in the foregoing verse. — (350)

 

Explanatory notes by Ganganath Jha:

“According to Kullūka the condition is that one must be unable to save one self by fight; — according to Nārāyaṇa one must not wound such a man excessively.” — Buhler.

This verse is quoted in Madanapārijāta (p. 784), which adds the following explanation: — ‘When even the Teacher and the rest, if they are assassins, may be slain — what to say of others;’ — which only means that there is nothing wrong in the slaying of assassins other than the Teacher and the rest; it is not meant that these latter are to be slain; because we have the general prohibition that ‘no Brāhmaṇa shall be killed.’

It is quoted in Vyavahāramayūkha (p. 104); — in Aparārka (p. 627, and again at p. 1043); — in Vyavahāra-Bālambhaṭṭī — (p. 1011); — in Prāyaścittaviveka (p. 59), which says that ‘eva’ has been added for the purpose of emphasis; — and in Nītimayūkha (p. 77).

 

Comparative notes by various authors:

(verses 8.350-351)

Vaśiṣṭha (3.15-18). ‘They declare that the slayer commits no crime by slaying an assassin. They quote the following: — “An incendiary, a poisoner, one raising a weapon to strike, a robber, one who forcibly takes away land, abductor of another man’s wife, — these six are called Ātatāyin, Assassins. One may slay an assassin who comes with the intention of killing, even though he may be knowing the whole Veda along with the Upaniṣads; by that act one does not incur the guilt of Brāhmaṇa-slaughter. He who slays an assassin learned in the Veda and belonging to a noble family, does not incur, by that act, the guilt of murdering a learned Brāhmaṇa; as this is a case of fury recoiling on fury.”’

Baudhāyana (1-18.11-13). — ‘One should not fight with...... Brāhmaṇas, — excepting assassins. They quote the following — “He who slays an assassin, who is able to expound the Veda and born in a noble family, does not, by that act, incur the guilt of killing a learned Brāhmaṇa; this being a case of fury recoiling on fury.”’

Viṣṇu (5.189-192). — ‘Any man may unhesitatingly slay a man who attacks him with the intent to murder him, whether he be his spiritual teacher, young or old, or a Brāhmaṇa, or even a Brāhmaṇa versed in many branches of sacred knowledge. By killing an assassin who attempts to kill, whether in public or in private, no crime is committed by the slayer — fury recoils on fury. Assassins are of seven kinds — such as try to kill by the sword, or with poison, or with fire, such as raise their hand to pronounce a curse, such as recite a deadly incantation from the Atharva Veda, such as raise a false accusation reaching the ears of the King, and such as have illicit intercourse with another man’s wife. The same designation is given to other evil-doers who deprive others of their reputation or of their wealth, or who destroy religious merit by ruining pools and such things or property.’

Vyāsa (Aparārka, p. 1042). — ‘Or an assassin advancing to strike one, even though he be fully learned in the Veda, if one strikes him, one does not incur the sin of Brāhmaṇa-killing. The following are to be regarded as assassins: — one raising the sword to strike, one going to administer fire or poison, one raising his hand to curse, one killing with magic rites, one back-biting to the King, one wresting another man’s wife.’

Bṛhaspati (Do.). — ‘If one reviles on being reviled, or strikes on being struck, or kills one who is advancing to kill, one does not commit any offence.’

 

 

VERSE 8.351

Section XLV - Violence (hiṃsā)

 

नाततायिवधे दोषो हन्तुर्भवति कश्चन ।
प्रकाशं वाऽप्रकाशं वा मन्युस्तं मन्युमृच्छति ॥३५१॥

nātatāyivadhe doṣo hanturbhavati kaścana |
prakāśaṃ vā'prakāśaṃ vā manyustaṃ manyumṛcchati ||351||

 

No evil of any kind accrues to the slayer for killing a desperado, either openly or secretly; as it is only Fury recoiling upon Fury. — (361)

 

Medhātithi’s commentary (manubhāṣya):

‘No evil of any kind’ — i.e., no sin, no punishment, no expiatory rites.

‘Openly’ — in the presence of other people; — ‘secretly’ by administering poison, etc.; — i.e., by whatever means.

‘Fury’ — the deity of anger — ‘recoils upon Fury’; — so that there is no relation of ‘slayer’ and ‘slain’ between the two persons; since it is the desperado’s anger that is killed by the anger of the other person.

‘This is purely declamatory; being analogous to the following speech of the person who is seeking for gifts and says — ‘Who will give to me? I am not the receiver, nor you the giver; so that there would be nothing wrong in the acceptance of the gift.’

In connection with the desperado mentioned in this text, the author has not laid down any penalties that should be indicted upon him for committing an act of violence. That has got to be found in the section on ‘Hurt’; it is something over and above it that has been laid down here, in view of his being the ‘worst offender’; as said above (345). — (351)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.286) as permitting the wielding of weapons by the Brāhmaṇas; — in Nītimayūkha (p. 77); — and in Prāyaścittaviveka (p. 60), which explains the last clause to mean that ‘the case is not that of one man killing another, but the animosity of one man (the killer) destroying the animosity of another (the killed);’ it adds Vaśiṣṭha’s definition of the ātatāyin — ‘one who sets fire to houses, or administers poison, or who is going to strike with a weapon, or who robs one of his property, or who takes forcible possession of one’s fields, or of one’s wife, — these six are ātatāyins.’

 

Comparative notes by various authors:

(verses 8.350-351)

See Comparative notes for Verse 8.350.

 

 

VERSE 8.352 [Adultery]

Section XLVI - Adultery

 

परदाराभिमर्शेषु प्रवृत्तान्नॄन् महीपतिः ।
उद्वेजनकरैर्दण्डैश्छिन्नयित्वा प्रवासयेत् ॥३५२॥

paradārābhimarśeṣu pravṛttānnṝn mahīpatiḥ |
udvejanakarairdaṇḍaiśchinnayitvā pravāsayet ||352||

 

Those men who are addicted to intercourse with the wives of other men, the king shall banish after having branded them with terror-inspiring punishments. — (352)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘wife’ is applied to the woman who has gone through the sacrament of marriage.

Persons other than one’s own self are called ‘others.’

‘Intercourse’ here stands for carnal enjoyment, consisting in embracing and other acts. ‘Embracing’ — consisting in the two parties coming together in close contact, — the cultivating of the feeling of pleasure caused by mutual union, — the sending of messengers and so forth, — and the actual sexual act, — all these are included under the term ‘abhimarṣa,’ ‘intercourse.’

The meaning thus comes to be this: — When the king finds that a certain man is addicted to having intercourse with the wife of another person, — he should ‘brand’ him, — by cutting off his nose, for instance, — by means of ‘terror-inspiring’ — sharp-edged weapons, — and then ‘banish’ him.

In as much as penalties in connection with each detailed act hare been laid down elsewhere, the present verse should be taken as referring, not to a single act, but to repeated acts; and the right thing appears to be that the ‘banishment’ here prescribed, — which is not applicable to any other act — has to be inflicted along with a fine in money, the purpose served by which is wholly different. All this we shall explain later on. — (352).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 853); — in Vivādaratnākara (p. 388); — and in Vivādacintāmaṇi (p. 174), which explains ‘trīn’ (which is its reading for ‘nṛṛn ( nṝn?)’) as ‘persons of the three lower castes, i.e., all except the Brāhmaṇas,’ — and ‘udvejanakaraiḥ’ as the ‘cutting of the ears, nose, and so forth.’

 

Comparative notes by various authors:

(verses 8.352-353)

Nārada (14.6). — ‘Indecent assault on another man’s wife is called violence of the highest order.’

Nārada (12.60). — ‘When a man meets a woman at a house other than her own, it is held to be Adultery.’

Nārada (12.77). — ‘Let punishment be inflicted by the King on him who has intercourse with a woman intercourse with whom has been forbidden; and let such sinners be purified by performing penances.’

Bṛhaspati (23.9). — ‘For the three grades of adultery, the first, middling and highest fines shall be inflicted respectively; it may be higher in the case of rich men.’

Śaṅkha-Likhita (Vivādaratnākara, p. 388). — ‘All men should adhere strictly to their own wives and to their own functions; — by whatever limb one commits an offence, that limb shall be cut off, or a fine of 8,000 shall be inflicted.’

 

 

VERSE 8.353

Section XLVI - Adultery

 

तत्समुत्थो हि लोकस्य जायते वर्णसङ्करः ।
येन मूलहरोऽधर्मः सर्वनाशाय कल्पते ॥३५३॥

tatsamuttho hi lokasya jāyate varṇasaṅkaraḥ |
yena mūlaharo'dharmaḥ sarvanāśāya kalpate ||353||

 

For out of that arises the admixture of castes among people; — whence follows root-rending unrighteousness, tending to total destruction. — (353)

 

Medhātithi’s commentary (manubhāṣya):

‘Arising’ means coming into existence, ‘out of that’ — i.e., from the act of having intercourse with the wives of other men, — there arises — ‘admixture of castes’ — in the form of ‘half-castes’; — ‘whence’ — i.e., on account of whoso coming into existence, — ‘follows unrighteousness,’ which ‘rends’ — destroys — the very ‘root’ — of the people, — in the form of rain from heaven. It is only when righteousness prevails that rain proceeds from the sun. When, on the other hand, the world becomes full of ‘half-castes,’ such righteous acts as the Rārlri sacrifice or gifts to proper men and the like cease to be performed; thus there being absence of gifts, sacrifices, oblations and the like, — which form the source out of which all corn is produced, — the said unrighteousness becomes capable of bringing ruin to the entire world.

For this reason, taking into consideration the fact that the act would be productive of ‘half-castes,’ and with a view to safeguard the supply of rain necessary for corns and other things, — tho king should always banish adulterers. — (353)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 388); — and in Aparārka (p. 854).

 

Comparative notes by various authors:

(verses 8.352-353)

See Comparative notes for Verse 8.352.

 

 

VERSE 8.354

Section XLVI - Adultery

 

परस्य पत्न्या पुरुषः सम्भाषां योजयन् रहः ।
पूर्वमाक्षारितो दोषैः प्राप्नुयात् पूर्वसाहसम् ॥३५४॥

parasya patnyā puruṣaḥ sambhāṣāṃ yojayan rahaḥ |
pūrvamākṣārito doṣaiḥ prāpnuyāt pūrvasāhasam ||354||

 

A man who engages in secret conversation with the wife of another person, — if he is one who has been previously accused of similar offences, — should receive the penalty of the ‘first amercement.’ — (354)

 

Medhātithi’s commentary (manubhāṣya):

‘Conversation’ — talking; one who is found to be doing this; — if he happens to be one who has been ‘previously accused of’ — blamed for committing — ‘such offences’ — of having a love-intrigue with that woman, — i.e., if the man is of unsteady character, and has been already seen to be carrying on an intrigue with her, — or has been suspected of doing so; — ‘secretly,’ — in some secret place, or (as some people explain) in a place where such conversation is forbidden; — in the case of such a person, even if the conversation held with another’s wife be one bearing upon some business, be should be made to pay the ‘first amercement.’ — (354)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 854); — in Vivādaratnākara (p. 384), which addṣ the following notes: — ‘Pūrvamakṣāritaḥ’, already previously suspected of entertaining longings for that lady; — the punishment is to be inflicted only in a case where the conversation is not held under circumstances unfavourable to intercourse; — and in Vīramitrodaya (Vyavahāra, 156a), which explains ‘doṣaiḥ’ as ‘tendency to run after women,’ and adds that this refers to cases where the conversation is held with evil intentions.

It is quoted in Vyavahāramayūkha (p. 106), as laying down the penalty for a man of wicked character holding conversation with another man’s wife; — and in Vivādacintāmaṇi (p. 172), which explains the meaning to be that ‘if a man who has been once suspected of illicit connection with a woman should meet her in private and talk to her longer than ordinary courtesy demands, he should be punished with the first amercement.’

 

Comparative notes by various authors:

(verses 8.354-355)

Āpastamba (2-26.18-19). — ‘A young man who, decked with ornaments, enters unintentionally a place where a married woman or a maiden sits, must be reprimanded; — if he does it intentionally, with an evil purpose, ho must he fined.’

Yājñavalkya (2.284). — ‘If a man converses with a woman at improper times or places, — or if he sits with her on the same seat, — this is Adultery .’

Yājñavalkya (2.285). — ‘If a man converses with a woman who has been previously forbidden to do so, the woman shall pay a fine of one hundred and the man of two hundred; — if both have been previously forbidden, the punishment shall be the same as in the case of Adultery.’

Vyāsa (Aparārka, p. 854). — ‘Conversing with a woman at improper times or places, or in a forest, — winking at her and smiling at her, — these constitute the first degree of Adultery.’

Śaṅkha-Likhita (Aparārka, p. 855). — (See under CCCLII-CCCLIII.)

Nārada (12-62). — ‘To meet another man’s wife at an unreasonable hour or place, and to sit, converse or dally with her, — these are the three grades of Adultery.’

Bṛhaspati (23.7). — ‘Sending perfumes, garlands, fruits, wine, food or clothes, — and conversing with her in secret, — is considered an adulterous act of the second degree.’

 

 

VERSE 8.355

Section XLVI - Adultery

 

यस्त्वनाक्षारितः पूर्वमभिभाषते कारणात् ?? ।
न दोषं प्राप्नुयात् किं चिन्न हि तस्य व्यतिक्रमः ॥३५५॥

yastvanākṣāritaḥ pūrvamabhibhāṣate kāraṇāt ?? |
na doṣaṃ prāpnuyāt kiṃ cinna hi tasya vyatikramaḥ ||355||

 

If, however, he is one who has not been previously accused, and converses with her for some good reason, he does not incur any guilt; as in his case there has been no transgression. — (355)

 

Medhātithi’s commentary (manubhāṣya):

If however the man is one who has not been previously accused or suspected, and if the conversation is found to be one bearing upon business, then there is no guilt, as in his case there is no transgression.

But even though not previously accused, if he converses without any business, he becomes liable to the aforesaid punishment. — (355)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 384), to the effect that no blame is to be attached to, and no punishment inflicted in a case where a man, not previously suspected, engages in such conversation for other purposes; — in Aparārka, (p. 854), which explains ‘doṣaiḥ’ (which is its reading for ‘pūrvam’) as ‘such improper tendencies as a longing for a particular woman and so forth’; — and in Mitākṣarā (2.284), to the same effect.

Bālambhaṭṭī supplies a full explanation: — ‘If the man is one who has not been suspected of entertaining any improper desire towards a woman, and he engages in conversation with that woman for some purpose, and in the presence of other persons, then he should not be regarded as culpable, since he has done nothing wrong.’

It is quoted in Vivādacintāmaṇi (pp. 172-173) which has the same explanation as the one just stated.

 

Comparative notes by various authors:

(verses 8.354-355)

See Comparative notes for Verse 8.354.

 

 

VERSE 8.356

Section XLVI - Adultery

 

परस्त्रियं योऽभिवदेत् तीर्थेऽरण्ये वनेऽपि वा ।
नदीनां वाऽपि सम्भेदे स सङ्ग्रहणमाप्नुयात् ॥३५६॥

parastriyaṃ yo'bhivadet tīrthe'raṇye vane'pi vā |
nadīnāṃ vā'pi sambhede sa saṅgrahaṇamāpnuyāt ||356||

 

He who converses with ‘another’s woman’ at a watering place, or in a wilderness, or in a forest, or at the confluence of rivers, — incurs the guilt of ‘adultery.’ — (356)

 

Medhātithi’s commentary (manubhāṣya):

Though ‘the wife of another man’ has been already mentioned as forming the subject-matter of this suction, the verse contains the term ‘another’s woman,’ with a view to indicate that the prohibition does not apply to one’s own mother or sister or preceptor’s wife or other relations; for though these also are included within the category of ‘the wife of another person,’ yet they are not called ‘another’s woman.’

‘Tīrtha,’ ‘watering place,’ is that place where people go for the purpose of fetching water from rivers, tanks and other reservoirs. Such a place is generally deserted; as none except one desiring water goes near the place; and as a rule it is places like this that are appointed rendezvous for lovers’ meetings, — the understanding being ‘come to such and such a place, where I shall come without being suspected of anything wrong; as people will think that I have been waiting here for getting water or for the purpose of performing my ablutions, etc., while if I were to go to another place, people would suspect why I was waiting there.’ It is for this reason that conversation at watering-places has been forbidden.

‘In a wilderness’ — a deserted spot outside the village; or one that is surrounded by hedges, thickets, trees and creepers.

‘Forest’ — cluster of trees.

‘Confluence of rivers’ — the place where they meet. This also is a place that is generally appointed rendezvous for lovers.

‘He incurs the guilt of adultery’; — ‘adultery’ consists in making love to other people’s wives.

For this reason, the punishment in this case shall be the same as in that of ‘adultery.’ This is what is meant.

This prohibition is applicable also to one who has not been previously accused, as also to one who converses on business.

What Āpastamba has declared that — ‘One should not pass over a woman without accosting her,’ — refers to places where other people are present; and to one of open accosting in the proper form, — such as ‘O sister, I salute thee’ and what is meant is that such salutation should be offered without delay. — (356)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 1002); — and in Vivādacintāmaṇi (p. 173), to the effect that, even though not suspected, if one converses with a woman in secluded places, he is guilty of an offence.

 

Comparative notes by various authors:

Nārada (12.63). — ‘When a woman and a man have meetings at the confluence of two rivers, at a bathing place, in a garden, or in a park, — this also is called Adultery.’

 

 

VERSE 8.357

Section XLVI - Adultery

 

उपचारक्रिया केलिः स्पर्शो भूषणवाससाम् ।
सह खट्वाऽसनं चैव सर्वं सङ्ग्रहणं स्मृतम् ॥३५७॥

upacārakriyā keliḥ sparśo bhūṣaṇavāsasām |
saha khaṭvā'sanaṃ caiva sarvaṃ saṅgrahaṇaṃ smṛtam ||357||

 

Offering help, flirting, touching of ornaments and clothes, sitting on the same bed, — all this has been declared to be ‘adultery.’ — (357)

 

Medhātithi’s commentary (manubhāṣya):

The ‘offering of help,’ — in the shape of clothes, garlands, or articles of food and drink and other things, — to a lady who is not related to one in any way.

‘Flirting’ — joking in ambiguous words, etc.

‘Ornaments,’ — the necklace, the bracelet and so forth, either when all this is actually on her body, or even when held by others, if he touches them, without reason, simply because they belong to that particular lady.

‘Sitting on the same bed,’ — oven without actually touching. All this makes him liable to the same punishment. — (357)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 381), which explains ‘upakārakriyā’ as ‘behaving agreeably,’ — and ‘keli’ as ‘flirtation.’

 

Comparative notes by various authors:

(verses 8.357-358)

Nārada (12.65-66). — ‘If one touches a woman where she should not be touched, or allows himself to be similarly touched, — all such acts, done with mutual consent are declared to be Adultery. Bestowing attentions on a woman, sporting with her, touching her ornaments or clothes, sitting with her on the same bed, — all such acts are declared to be adulterous.’

Arthaśāstra (p. 175). — ‘Catching hold of each other’s hair is Adultery.’

Bṛhaspati (23.6-8). — ‘Winking at a woman, smiling at her, sending go-betweens to her, touching her ornaments or clothes, — is called Adultery of the first degree. Sending perfumes, garlands, fruits, wine, food or clothes, and conversing with her in secret, are regarded to be adulterous acts of the second degree. Sitting on the same bed, dallying, kissing or embracing each other, — is defined as Adultery of the highest degree.’

Yājñavalkya (2.254). — ‘Touching of the cloth-knot, the cover over her breast, or of her thighs or hair, conversing with her at improper times and places, and sitting with her on the same bed — (all this is Adultery).’

Vyāsa (Aparārka, p. 855). — (Reproduces Manu CCCLVII.)

Do. (Vivādaratnākara, p. 380). — ‘Sending such presents as perfumes and garlands, incense, ornaments and clothes, and tempting her with foods and drinks, — all this they regard as Adultery of the middle degree. Sitting close to each other on the same couch or seat, and catching hold of each other’s hair, — this should be regarded as Adultery of the worst degree.’

Kātyāyana (Vivādaratnākara, p. 382). — ‘Whatever acts a man does with the intention of having intercourse with a woman, all such are declared to he reprehensible, as being conducive to the fulfilment of illicit love. If a man sends presents to the woman, or meets her at unreasonable hours and improper places, or touches her neck or hair or clothes, ears, nose, hands or other parts of the body, — if he sits with her and dines with her on the same seat, — all this has been declared by the sages to be Adultery. All such acts as sending presents of perfumes, garlands and clothes, and sending letters to her, should be regarded as indicative of Adultery.’

 

 

VERSE 8.358

Section XLVI - Adultery

 

स्त्रियं स्पृशेददेशे यः स्पृष्टो वा मर्षयेत् तया ।
परस्परस्यानुमते सर्वं सङ्ग्रहणं स्मृतम् ॥३५८॥

striyaṃ spṛśedadeśe yaḥ spṛṣṭo vā marṣayet tayā |
parasparasyānumate sarvaṃ saṅgrahaṇaṃ smṛtam ||358||

 

If one touches a woman in an improper place, or condones it when touched by her, — all this, when done with mutual consent, has been declared to be ‘adultery’ — (358)

 

Medhātithi’s commentary (manubhāṣya):

‘Improper place,’ for touching, would he one where the man could pass along without touching the woman; there would he no harm in large crowds.

Or ‘place’ may stand f or part of the body. There can be no wrong in the man happening to touch the hands, or the shoulder, or the back, when taking down a load from her head: whereas it would be very wrong to touch her lips or chin or breasts and such other parts.

Or, when touched by her, pressed with her breasts for instance, if the man does not resent it, by saying ‘do not do this.’

‘By mutual consent’; — the act is wrong only when done intentionally; and not if he touches her during sacrificial and other performances, — when, for instance, the woman hangs by the neck of the man, or when the man touches the woman between her breasts, or when he touches her when taking something from her hands and so forth. This being due to chance, — just like the case where one desiring to fall back upon dry ground, falls in mud, — the parties incur no guilt at all. — (358)

 

Comparative notes by various authors:

(verses 8.357-358)

See Comparative notes for Verse 8.357.

 

 

VERSE 8.359

Section XLVI - Adultery

 

अब्राह्मणः सङ्ग्रहणे प्राणान्तं दण्डमर्हति ।
चतुर्णामपि वर्णानां दारा रक्ष्यतमाः सदा ॥३५९॥

abrāhmaṇaḥ saṅgrahaṇe prāṇāntaṃ daṇḍamarhati |
caturṇāmapi varṇānāṃ dārā rakṣyatamāḥ sadā ||359||

 

In a case of adultery, a non-Brāhmaṇa deserves the penalty ending in death; as the wives of all the four castes are always the most deserving of protection. — (359)

 

Medhātithi’s commentary (manubhāṣya):

The nature of ‘adultery’ has been defined. Penalties for it are now laid down.

‘A non-Brāhamaṇa’ — the Kṣatriya and other castes.

‘In cases of adultery’ — when adultery has been committed. ‘Of all four castes’ — irrespectively of the high or low caste of the woman concerned.

‘Penalty of death’ — the punishment consisting in striking till death is brought about.

“How is it that the same penalty applies to the case of adultery with a Brāhmaṇa as well as a Śūdra woman?”

The text adds the next sentence by way of answer to this question — ‘For the wives of all castes are the most deserving of protection.’ Whosoever’s wife she may be, she needs to be guarded much more carefully than one’s body and property. Since the ‘admixture of castes’ is the same in both cases, the family of the Śūdra is ruined by it, just as much as that of the Brāhmaṇa.

What is meant by the question is this — “what is found here is a mere assertion; some reason for this should be explained; now what is this reason?”

In answer to this the ancients have offered the following explanation: — The penalty here prescribed is not meant to apply to all forms of ‘adultery,’ but only to that which consists in the chief form of it, consisting in the actual intercourse, which consists in obtaining a sensual pleasure by a particular form of contact. How could the same penalty be inflicted in the case of actual sexual intercourse, as also in that ‘conversing at a watering-place’ and such places (which also has been declared to be a form of ‘adultery’)? Hence the conclusion is that the death-penalty is to be inflicted only in the case of a ‘non-Brāhmaṇa’ — i.e., a Śūdra — committing adultery with a woman of the twice-born castes, — and not in the case of any other person. For it cannot be right to make equal things that are not equal. Hence in the case of the forms of ‘adultery’ described above, the exact penalty has to be determined by the circumstances attending each individual case. For instance, if in a certain case it be found for certain that the ‘offering of help’ and other approaches were made solely with a view to actual sexual intercourse, the right penalty would be the extreme one of death; as the case would not stand upon a different footing; as in both cases the real motive is found to be the same.

It has teen asked — “if the extreme penalty is to be inflicted in the ordinary forms of ‘adultery,’ what would it be in the case of real ‘adultery’?”

But ‘real adultery’ is not something different. The denotation of the term is not to be fixed by ordinary parlance; hence it cannot be right to argue that the extreme penalty is to be inflicted in a case where there is an act which your august self is pleased to call ‘real adultery.’

“Adultery with women has been forbidden; hence the question as to how the same punishment is to be meted out in all cases of it should he addressed to the scriptures.”

But there is similar prohibition regarding the ‘offering of help’ and such other acts also.

“Well, in that case, it would follow that in all cases the same expiatory rite would have to be performed.”

Why should this be regarded as an undesirable contingency? The contingency would certainly arise if the act concerned were spoken of as ‘adultery.’ Though in reality the term is applied only to a case where there has been emission of semen, yet punishments are meant to be deterrent, by reason of their causing pain; hence in the case of such acts as the ‘offering of help’ and the rest, penalty equal to that in the case of actual intercourse has to be inflicted, on the ground that if such acts as ‘conversation’ and the rest were associated with small punishments, then men would he tempted to repeat them; and by frequent conversations with women, their passion would become whetted; so that falling a prey to the arrows of Cupid, they would not mind the small punishments inflicted by the king, and would commit the act even at the risk of their lives. On the other hand, if at the very first approach, the man is met by a severely deterrent punishment, the little acts would not be repeated, and the real act might he averted.

It is for this reason that it has been considered right to inflict a severe punishment upon those who may just begin to make approaches to the wives of other men.

So far as the present verse is concerned, we find the term ‘prāṇānta,’ ‘ending in death,’ — which shows that the beginning of the penalty would be something else; for unless a thing has a beginning, it can have no end. The term ‘ending in death’ means that of which death is the end; i.e., the punishment should go on being inflicted until death comes about. Thus it is that all such punishments as ‘confiscation of property,’ ‘cutting off of limbs’ and so forth become included.

Each of these has been found in other cases to constitute a ‘punishment’ by itself. So that, when a number of punishments have been prescribed, since all these cannot be inflicted for any single crime, the right conclusion is that in the case of a non-Brāhmaṇa committing adultery with a twice-born woman, the highest of those punishments shall be inflicted, and the man shall be put to death. But even in the case of women of lower castes, the death-penalty shall be inflicted in the case of the man committing adultery with an unwilling family-woman whose husband is alive. — (359)

 

Explanatory notes by Ganganath Jha:

‘Abrāhmaṇaḥ’ — ‘Kṣatriya and the rest’ (misbehaving with a woman of the higher caste) (Medhātithi and Nandana); — ‘Śūdra misbehaving with a Brāhmaṇa woman’ (Kullūka and Rāghavānanda).

This verse is quoted in Vivādaratnākara (p. 388), which says that this refers to the ‘non-Brāhmaṇa’ misbehaving with a woman of a superior caste; — in Vyavahāra-Bālambhaṭṭī (p. 115); — and in Vivādacintāmaṇi (p. 174) as laying down the penalty for one of the lower caste. misbehaving with a woman of the higher caste.

 

Comparative notes by various authors:

Baudhāyana (2.4.1-2). — ‘Anybody but a Brāhmaṇa shall suffer corporal punishment for Adultery; — the wives of men of all castes must be guarded more carefully than wealth.’

Āpastamba (2.26.20). — ‘If a man has actually committed adultery, his organ shall be cut off together with the testicles.’

Bṛhaspati (23.10-12). — ‘If a man violates an unwilling woman, the King shall confiscate his entire property, have his penis and scrotum cut off and have him paraded on an ass. When a man enjoys a woman by fraud, bis punishment shall be confiscation of his entire wealth; and afterwards he shall be branded with the mark of the female organ and banished from the town. The highest fine shall be inflicted for connexion with a woman of equal caste; half that for connexion with a woman of a lower caste; and a man who has connexion with a woman of a higher caste shall be put to death.’

Kātyāyana (Vivādaratnākara, p. 389). — ‘When a man has completed his intercourse with the woman, by force, the penalty of death shall be inflicted.’

Vyāsa (Vivādaratnākara, p. 392). — ‘If a man has intercourse with a woman who comes to him of her own accord, the punishment shall be half of that in the case of the woman being unwilling.’

Arthaśāstra (p. 172). — ‘A man shall never take liberties with an unwilling woman; if he has illicit intercourse with a willing woman, he shall be fined 50 Paṇas, and the woman, half of that.’

 

 

VERSE 8.360

Section XLVI - Adultery

 

भिक्षुका बन्दिनश्चैव दीक्षिताः कारवस्तथा ।
सम्भाषणं सह स्त्रीभिः कुर्युरप्रतिवारिताः ॥३६०॥

bhikṣukā bandinaścaiva dīkṣitāḥ kāravastathā |
sambhāṣaṇaṃ saha strībhiḥ kuryuraprativāritāḥ ||360||

 

Mendicants, bards, persons initiated for a rite and craftsmen may converse with women, unchecked. — (360)

 

Medhātithi’s commentary (manubhāṣya):

‘Mendicants,’ — those living on alms; these may talk to women, in the act of begging, if they are not ‘checked’ by their husbands.

Or, the meaning may be that they shall not be checked or forbidden in this.

‘Bards,’ — those who sing the praises of kings.

‘Initiated at a rite,’ — These persons would have to speak to women in the course of the response that they have to make in acceptance of their appointment.

‘Craftsmen,’ — cooks and others.

These should not be prevented even at such places as the watering-place and the like. — (360)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 386), which adds the following notes ‘Vandinaḥ,’ bards singing the praises of people, — ‘dīkṣitāḥ,’ persons initiated for a sacrificial performance, — ‘kāravaḥ,’ professional artisans; — and in Vyavahāra-Bālambhaṭṭī (p. 1002).

 

 

VERSE 8.361

Section XLVI - Adultery

 

न सम्भाषां परस्त्रीभिः प्रतिषिद्धः समाचरेत् ।
निषिद्धो भाषमाणस्तु सुवर्णं दण्डमर्हति ॥३६१॥

na sambhāṣāṃ parastrībhiḥ pratiṣiddhaḥ samācaret |
niṣiddho bhāṣamāṇastu suvarṇaṃ daṇḍamarhati ||361||

 

One should not converse with the wives of other men, when forbidden. If, on being forbidden, he does converse, he becomes liable to be fined one ‘suvarṇa.’ — (361)

 

Medhātithi’s commentary (manubhāṣya):

Some people think that the punishment here laid down is meant for the case where mendicants and the rest first mentioned carry on the conversation, even after being forbidden.

This however is not right. It has been said that these men are not to be forbidden. Then again, how could the fine of a ‘suvarṇa’ be imposed upon a mendicant?

Hence the person meant to be fined one ‘suvarṇa’ is one who, even though not previously accused, has been forbidden by the woman’s husband, and yet goes on conversing with her. — (361)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 386); — in Vyavahāra-Bālambhaṭṭī (p. 1011); — and in Vivādacintāmaṇi (p. 173), which explains ‘niṣiddhaḥ’ as ‘forbidden by the husband or other relatives of the woman.’

 

Comparative notes by various authors:

Yājñavalkya (2.285). — ‘If a man converses with a woman who has been forbidden to do so, the woman shall be fined one hundred, and the man, two hundred; if both have been previously forbidden, the punishment for conversing shall be the same as in adultery.’

Matsyapurāṇa (Aparārka, p. 856). — ‘A mendicant male or female, a player, — if these enter the residence of women, after being forbidden, they shall be fined two hundred; and the man who may have admitted them, or who affords them the opportunity for entering, shall be punished like an adulterer.’

 

 

VERSE 8.362

Section XLVI - Adultery

 

नैष चारणदारेषु विधिर्नात्मोपजीविषु ।
सज्जयन्ति हि ते नारीर्निगूढाश्चारयन्ति च ॥३६२॥

naiṣa cāraṇadāreṣu vidhirnātmopajīviṣu |
sajjayanti hi te nārīrnigūḍhāścārayanti ca ||362||

 

This rule does not apply to the case of the wives of dancers and singers, or of those who make a living of themselves; for these men secretly bring their women into contact (with other men), and tempt them on. — (362)

 

Medhātithi’s commentary (manubhāṣya):

The aforesaid prohibition regarding conversing with women does not apply to the case of ‘wives of dancers and singers’; — the term ‘cāraṇa’ standing for dancers, singers and other actors.

So also in the case of those ‘who make a living of themselves,’ — i.e., those wives who live upon their own beauty; — the term ‘jīviṣu’ qualifying the masculine noun ‘dārāḥ’ (wives). Or ‘themselves’ may stand for ‘wives,’ — the wife being half the self of the man; and the term stands for those who live upon their wives; — i.e., those who condone the presence of paramours for their wives.

‘Bring into contact,’ — unite their wives with other men.

‘Secretly,’ — i.e., not in the open market-place. These women differ from public prostitutes in this that they carry on their intrigues within their own homes.

‘Tempt them on,’ — eg g them on to actual sexual intercourse; enticing the men by means of glances and jokes.

‘Bringing into contact’ implies connivance, while ‘tempting’ implies leading on to the actual act.

Or, the meaning may be that ‘they bring into contact, unite, their own wives, and seduce, through their wives, the wives of other men’; i.e., they make their wives act as prostitutes as well as go-betweens. — (362)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 387), which adds the following notes: — In the case of the wives of Cāraṇas and other people of that class, and also in that of the wives of those who make a living by ‘their own’ (wife’s beauty), — the aforesaid rule prohibiting conversation, or that prescribing the punishment for conversing, does not apply, — because it is the business of these people to help their wives to come in contact with other men, and themselves to bring about their intercourse in secret.’

It is quoted in Mitākṣarā (2.285), where Bālambhaṭṭī has the following notes: — ‘The said rule is not applicable to cases where conversation is held with the wives of actors, singers and people of that class who make a living by the beauty of their own (wives), i.e., those who permit other men to have intercourse with their wives, — the wife being called ‘ātman,’ in accordance with the dictum that ‘the wife and son of a man are his very self,’ — ‘for the purpose of making money, and help their wives to meet other men, and even connive secretly — showing as if they did not see it — at other men coming to their wives.’

It is quoted in Vivādacintāmaṇi (p. 174), which has the following notes: — ‘Cāraṇa,’ dancer, — ‘ātmopajīvin’ is the professional actor, who makes a living by his ‘ātman,’ i.e., his wife, — these two clashes of men deck up their wives for the purpose of entrapping young men, and hence conversation with their wives is not to be penalised, though intercourse with these also is to be punished; — and in Vīramitrodaya (Vyavahāra, 156a).

 

Comparative notes by various authors:

(verses 8.362-363)

Baudhāyana (2.4.3). — ‘Corporal punishment shall not be inflicted for adultery with the wives of minstrels and play-actors; for their husbands themselves either actually lead them to other men, or concealed at home, permit them to hold culpable intercourse.’

Yājñavalkya (2.293). — ‘For approaching a female ascetic, the fine is twenty-four Paṇas.’

 

 

VERSE 8.363

Section XLVI - Adultery

 

किं चिदेव तु दाप्यः स्यात् सम्भाषां ताभिराचरन् ।
प्रैष्यासु चैकभक्तासु रहः प्रव्रजितासु च ॥३६३॥

kiṃ cideva tu dāpyaḥ syāt sambhāṣāṃ tābhirācaran |
praiṣyāsu caikabhaktāsu rahaḥ pravrajitāsu ca ||363||

 

Yet he who secretly carries on conversation with these women, or with maidservants devoted to one master, or with female ascetics, should be made to pay something. — (363)

 

Medhātithi’s commentary (manubhāṣya):

‘Secretly’ — not in public, but in a solitary spot; — he who carries on conversation with the women of dancers and singers, — should be fined ‘something’ — i.e., some small amount of gold — the thirtieth part of a ‘suvarṇa’ or some such thing; the exact amount being determined in conformity with the caste of the party concerned and the circumstances attending each case. The reason why some punishment is necessary lies in the fact that the women concerned are not entirely public women, — it is with the permission of their husbands that they admit paramours. It is on account of this fact of their not being independent that they should be approached, not directly, but through a go-between; for the purpose of ascertaining if the mesalliance has the husband’s sanction.

Holding conversation with them openly however, — when for instance, they are dancing and singing, and they are questioned regarding the tune or the timing and other details of the song, — this is not forbidden.

‘Maidservant’ is slave-girl; acquired by any one of the seven methods of acquiring slaves.

‘Devoted to one master,’ — i.e., those that are the kept mistresses of any one man.

In the case of these last there is some ground for other kinds of punishment also.

“Is the term ‘maidservant’ meant to be a relative term, — meaning the slave owned by a certain master P Or does it denote simply a servant, just like such terms as ‘cook’ and the like?”

In the present context the term is used in the former sense The meaning being that when some one has intercourse with a slave girl or a prostitute kept by another man, — such woman is punished, just as a king’s slave would be. If however the girl has not been ‘kept’ by any one, then there is no wrong done. As the present text prescribes the punishment to be inflicted for ‘adultery’ with a woman ‘kept’ by another man.

We shall explain this in greater detail under the section on division of property.

‘Female ascetics,’ — those having no guardian to look after them, e.g., Śilamitrā and so forth (?) These women hide their lascivious tendencies under the cloak of asceticism. — (363)

 

Explanatory notes by Ganganath Jha:

‘Pravrajitāsu’ — ‘Women without protectors’ (Medhātithi); — ‘Female mendicants (Nārāyaṇa); — ‘nuns’ (Kulluka); — ‘Buddhist and other nuns’ (Rāghavānanda and Rāmacandra).

This verse is quoted in Vivādaratnākara (p. 387), to the effect that even in the case of the said women, if the man holds conversation secretly, he is to be punished. It adds the following notes: — ‘Praiṣyāsu,’ slave-girls, — ‘ekabhaktāsu,’ a woman kept by one man only, — ‘pravrajitāsu,’ ‘Buddhist and other nuns’; — ‘kiñcit, i. e., something less than the ‘Suvarṇa’ which has been prescribed (in verse 361) as the fine.

It is quoted in Bālambhaṭṭī (p. 285), to the effect that even in the case of the wives of actors and the rest, if a man holds conversation in solitary places, he should be fined some little amount; as these also are ‘wives of other men;’ similarly some little fine is to be imposed for conversing with such women as kept slave-girls, nuns and so forth.

 

Comparative notes by various authors:

(verses 8.362-363)

See Comparative notes for Verse 8.362.

 

 

VERSE 8.364

Section XLVI - Adultery

 

योऽकामां दूषयेत् कन्यां स सद्यो वधमर्हति ।
सकामां दूषयंस्तुल्यो न वधं प्राप्नुयान्नरः ॥३६४॥

yo'kāmāṃ dūṣayet kanyāṃ sa sadyo vadhamarhati |
sakāmāṃ dūṣayaṃstulyo na vadhaṃ prāpnuyānnaraḥ ||364||

 

If a man of equal status violates an unwilling maiden, he deserves immediate death; but if he violates a willing one, he shall not suffer death. — (364)

 

Medhātithi’s commentary (manubhāṣya):

What is stated here is only by the way.

‘Of equal status’ — belonging to the same caste as the girl.

If he ‘violates an unwilling maiden’ — i.e., deprives her of her virginity, through sexual intercourse, — he should be killed on the same day, without delay.

In the case of the willing maiden, there is no real ‘violating’; how could there be any possibility of death being inflicted? We shall explain later on what should be done in such a case.

Though in the present text only the man ‘of equal caste’ has been mentioned, yet from considerations of the castes of the parties concerned, death also would be inflicted in certain cases. — (364)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 401), which explains ‘akāmām’ as ‘unwilling,’ — and ‘tulyaḥ’ as a ‘man belonging to a caste intercourse with which is lawful.’

It is quoted in Aparārka (p. 858), which adds the following notes: — ‘Akāmām,’ ‘unwilling’ — ‘konyām,’ ‘unmarried girl who retains her virginity’ — if one violates, — he, whether he be of the same caste as the maiden, or of a different caste, deserves death, if he is not a Brāhmaṇa; if he is a Brāhmaṇa, some other penalty has to be imposed upon him. — If however the maiden is willing and is violated by a man who is her ‘equal’ — belongs to the same caste as herself — then the penalty shall be, not death, but the ‘highest amercement.’

It is quoted in Mitākṣarā (2.288) to the effect that even in the case of a maiden of the same caste, if one has intercourse with her, when she is not willing, the penalty is death; but Bālambhaṭṭī adds that this refers to non-Brāhmaṇas, — and that the ‘death, vadha’ means the cutting off of the male organ and so forth; — and in Vīramitrodaya (Vyavahāra, 157a).

It is quoted in Parāśaramādhava (Vyavahāra, p. 321); — and. in Vivādacintāmaṇi (p. 175), which explains the meaning to be that ‘if a man despoils a virgin of the same caste without her consent, he deserves vadha, not if he does it with her consent.

 

Comparative notes by various authors:

(verses 8.364-368)

Yājñavalkya (2.287-218). — ‘A man who carries away a decorated maiden, of the same caste as himself, shall pay the highest amercement; but the lowest amercement, if she is not decorated; if she belongs to a higher caste, corporal punishment shall be inflicted. If the man has earned away a maiden of a caste lower than himself, there is no offence, if she has gone with her consent; otherwise, the fine inflicted shall be of the lowest degree. If the maiden has been defiled, the hands of the man shall he cut off; and he shall he killed if the maiden is of a higher caste.’

Śaṅkha-Likhita (Aparārka, p. 859). — ‘If the man has intercourse with an unwilling maiden, he shall have two of his fingers cut off, and he shall also pay a fine. If the maiden is of a higher caste, he shall he killed. If the maiden belongs to the same caste and has been willing, he shall pay the nuptial fee and also give her ornaments and a double dowry, and then accept her as wife.’

Nārada (12.71-72). — ‘When a man has connection with a maiden against her will, he shall have two fingers cut off. If the maiden belongs to the highest caste, death and the confiscation of his entire property shall he his punishment. When, however, he has connection with a willing maiden, it is no offence; hut he shall bestow ornaments on her, honour her with other presents and then lawfully espouse her.’

Bṛhaspati (23.10). — ‘The King shall confiscate the entire property of one who violates an unwilling woman; and having his penis and scrotum cut off, shall cause him to he paraded on an ass.’

Āpastamba (2.26-21). — ‘If one has intercourse with a maiden, his porperty shall he confiscated and he shall be banished.’

Matsyapurāṇa (Vivādaratnākara, p. 401). — ‘One who violates an unwilling maiden, shall he immediately killed; if he defiles her with her consent, he shall he fined the first amercement.’

Ārthaśāstra (p. 172). — ‘If one violates a maiden of the same caste as himself, before puberty, his hands shall be cut off, or he shall be fined four hundred; if she has attained puberty, his middle and index fingers shall be cut off, or a fine of 200 shall be imposed, and he shall pay damages to her father.’

Arthaśāstra (p. 173). — ‘If one outrages a girl after marriage, he should pay a fine of 54 Paṇas; he shall also make good the nuptial fee paid by her husband and also the expenses of her marriage.’

Do. (p. 172). — ‘One may make love to a maiden who has had seven monthly courses, who has not met her husband after her betrothal; nor shall he pay any damages to the father. If three years have elapsed since her puberty there is no offence in a man of the same caste having intercourse with her after three years; even one of inferior caste incurs no offence, if the girl is not decorated; he would be a thief if he took with the girl the ornaments given her by her father.’

Do. (p. 174). — ‘If a girl is willingly deflowered by another girl of the same caste, she should pay a fine of 12 Paṇas, and the woman who has outraged her, double of that. If a man deflowers a girl without her consent, he shall be fined a hundred and shall also pay the nuptial fee. If she has deflowered herself, she should he made the King’s slave. If one forcibly takes away a maiden, he should he fined 200; if she is adorned with golden ornaments, then the highest amercement.’

 

 

VERSE 8.365

Section XLVI - Adultery

 

कन्यां भजन्तीमुत्कृष्टं न किं चिदपि दापयेत् ।
जघन्यं सेवमानां तु संयतां वासयेद् गृहे ॥३६५॥

kanyāṃ bhajantīmutkṛṣṭaṃ na kiṃ cidapi dāpayet |
jaghanyaṃ sevamānāṃ tu saṃyatāṃ vāsayed gṛhe ||365||

 

If a maiden approaches a superior person, she shall not be made to pay anything; if however she courts an inferior person, she shall be kept confined in the house. — (365)

 

Medhātithi’s commentary (manubhāṣya):

If a maiden ‘approaches’ — has sexual intercourse with — ‘a superior person’ — one whose caste, wealth, character, learning is superior to that of her father’s family, — she shall not be fined anything.

In as much as the girl is never her own mistress, the punishment would fall upon her guardians, father and others; and it is the punishment that is precluded here.

‘Inferior — in caste or other things.

‘Courts,’ — tries to have intercourse with.

‘Confined,’ — not being allowed to take part in any amusements, and guarded by attendants.

She shall be made to live in her father’s house, till she gets rid of her love-longings. If however she continues to have her love centred in the inferior persons, then she should be kept confined till her last breath. — (365).

 

Explanatory notes by Ganganath Jha:

‘Samyatām’ — ‘Kept away from amusements and guarded by chamberlains’ [not ‘relatives’ as stated by Buhler] (Medhātithi); — ‘bound’ (Nārāyaṇa). Kullūka is misrepresented by Buhler: he says nothing about ‘fettering’; he only says that she is to be kept in the house ‘with care’.

This verse is quoted in Vivādaratnākara (p. 404), which explains ‘Sāvamānām’ as ‘winning him over to herself for the purposes of sexual intercourse’, — and ‘samyatām’ as ‘imprisoned.’

 

Comparative notes by various authors:

(verses 8.364-368)

See Comparative notes for Verse 8.364.

 

 

VERSE 8.366

Section XLVI - Adultery

 

उत्तमां सेवमानस्तु जघन्यो वधमर्हति ।
शुल्कं दद्यात् सेवमानः समामिच्छेत् पिता यदि ॥३६६॥

uttamāṃ sevamānastu jaghanyo vadhamarhati |
śulkaṃ dadyāt sevamānaḥ samāmicchet pitā yadi ||366||

 

An inferior man courting a superior maiden deserves death; he who courts a maiden of equal status, shall pay the nuptial fee, if her father so wishes. — (366).

 

Medhātithi’s commentary (manubhāṣya):

It has been said that in the case of violating an unwilling maiden, all men, be they superior or inferior, should suiter death, with the sole exception of the Brāhmaṇa; and the present verse, they say, lays down the law relating to the violating of a willing maiden.

‘Superior,’ — in beauty, youth, caste and other points.

‘Inferior’ — the lowest.

The man is not to be killed if there is any equality between the parties.

If a man approaches a willing maiden who is equal to him in status, — he shall pay to her father the nuptial fee, as is done in the case of the ‘Asura’ form of marriage. But if the father does not desire to receive the fee, that amount shall be paid as fine to the king.

“In as much as this would he a case of ‘Gāndharva’ marriage — marriage by mutual consent, — it cannot be right to inflict any punishment.”

Who has said that there is to be no punishment in the case of marriage by mutual consent? In fact such an act would not be one befitting a chaste woman; nor would it he regarded as ‘marriage,’ for the simple reason that it would not have a sacramental character. As for the declaration in the Mahābhārata, in connection with Śakuntalā, to the effect that ‘the Gāndharva is a form of marriage, without fire and without mantras,’ — this was an assertion made by Duṣyanta while he was suffering from the pangs of love. Further, mere ‘willing intercourse’ does not constitute ‘marriage.’ Marriage has been classified under eight heads on the basis of different methods used for taking a wife; and it does not mean that there are eight kinds of marriage. So that (in the Gāndharva marriage also), the due selection of the bridegroom (even though he has been already chosen by the bride) and the subsequent rites have got to be performed.

Or, the ‘Gāndharva’ may be accepted as a ‘marriage’ only in the case of a maiden after puberty; and before that, the man is to pay the nuptial fee or a fine.

The question arises — what is to be done with the maiden?

The answer is that she shall be given to that same man. But if she has ceased to love him, she may be given to another man. But in either case the ‘nuptial fee’ has got to be paid, by way of compensation for the single act of intercourse.

If the man has ceased to love the girl, he shall be forced to accept her. — (366)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 402), which adds the following notes: — ‘Uttamām’ has to be qualified by ‘if willing’; — ‘samām,’ belonging to the same caste as himself; — ‘śulkam’, fee agreed upon by both the parties, as in the ‘Āsura’ form of marriage.

It is quoted in Parāśaramādhava (Vyavahāra, p. 321), to the effect that when a man of the lower caste has intercourse with a maiden of a higher caste, whether willing or unwilling, his penalty is death, but when one has intercourse with a willing maiden of the same caste as himself, then he shall present to her father a cow and a bull, if the latter be willing to accept it (and the man has to marry the maiden in this case, adds Bālambhaṭṭī); but if the father is not willing to receive the fee, its equivalent shall be paid as fine to the king (and in this case also the maiden is to be married to the man).

It is quoted in Vīramitrodaya (Vyavahāra, 157a).

 

Comparative notes by various authors:

(verses 8.364-368)

See Comparative notes for Verse 8.364.

 

 

VERSE 8.367

Section XLVI - Adultery

 

अभिषह्य तु यः कन्यां कुर्याद् दर्पेण मानवः ।
तस्याशु कर्त्ये अङ्गुल्यौ दण्डं चार्हति षट्शतम् ॥३६७॥

abhiṣahya tu yaḥ kanyāṃ kuryād darpeṇa mānavaḥ |
tasyāśu kartye aṅgulyau daṇḍaṃ cārhati ṣaṭśatam ||367||

 

But if any man wantonly defiles a maiden through sheer audacity, his fingers should be instantly clipped off, or he should be fined six hundred. — (367)

 

Medhātithi’s commentary (manubhāṣya):

Even though the maiden may be willing, if her parents and other relatives are close hy, and their presence is not heeded by the man who, through sheer audacity, relying upon his force and having the idea ‘who can do anything to me?’ — and relying solely upon the maiden’s love for him — ‘defiles her,’ — the root ‘kṛ’ which has many meanings, stands here for the act of defiling, then ‘his fingers should be clipped off’; — or ‘he should be fined six hundred.’

Others have held that this verse sums up what has been said (under 361) regarding the violating of an unwilling maiden, to be punished with ‘death.’ ‘Killing’ in this connection stands for corporal punishment — beginning with beating and ending with actual killing; and what the present text means is that if a man defiles a maiden of a low caste, he shall not be killed. — he shall have only his fingers clipped off.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 321), to the effect that two fingers are to be cut off if the man only defiles the maiden with his fingers; — in Aparārka (p. 858), which adds the following notes: — ‘Abhiṣahya’, forcibly, — ‘kuryāt,’ defile the maiden by the introduction of fingers, — the two fingers (its reading being ‘kartye aṅgulyau’) with which he defiles her should be cut off at once, without delay; — in Vivādaratnākara (p. 403), which has the following notes: — ‘Abhiṣahya,’ insolently, — ‘kuryāt,’ should defile, — ‘kalpye’ (which is its reading for ‘kartye’), should be cut off; — and in Mitākṣarā (2.288), to the effect that when a man defiles an unwilling maiden of the same caste as himself by thrusting his fingers into her, he should be fined 600 and two of his fingers should be cut off.

It is quoted in Vīramitrodaya (Vyavahāra, 157a).

 

Comparative notes by various authors:

(verses 8.364-368)

See Comparative notes for Verse 8.364.

 

 

VERSE 8.368

Section XLVI - Adultery

 

सकामां दूषयंस्तुल्यो नाङ्गुलिछेदमाप्नुयात् ।
द्विशतं तु दमं दाप्यः प्रसङ्गविनिवृत्तये ॥३६८॥

sakāmāṃ dūṣayaṃstulyo nāṅgulichedamāpnuyāt |
dviśataṃ tu damaṃ dāpyaḥ prasaṅgavinivṛttaye ||368||

 

A man of equal status defiling a willing maiden shall not suffer amputation of fingers; he should be made to pay the fine of two hundred with a view to prevent repetition. — (368)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as the foregoing verse also pertains to the case of a willing maiden, the penalty therein laid down applies to the case where the man defiles her through sheer audacity; while in a case where he does it by stealth, secretly like a thief, the punishment shall consist of the fine of two hundred, without the amputation of the fingers.

Or, the text may refer to the following case —

If the maiden happens to be in lore with a certain man, and having had intercourse with him has lost her virginity, — then since the girl was willing, the man, for the crime of defiling her, shall suffer the penalty here laid down.

Or, the ‘defiling’ meant here may be taken as the touching of the hand and some such part of the body; the man’s motive being — ‘if people see me touching her hand, they will think that she loves me and then no one else will seek for her baud, and she shall be mine.’ — (368)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 403), which adds that this applies to the case where the maiden is of a lower caste; — in Parāśaramādhava (Vyavahāra, p. 321); — in Mitākṣarā (2.288) as providing for a case where the finger-defilement occurs in the case of a willing maiden. Bālambhaṭṭī adds that ‘tulyaḥ’ means a man of the same caste as the girl; — he is to be fined 200 with a view to prevent repetition.

It is quoted in Vīramitrodaya (Vyavahāra, 157a).

 

Comparative notes by various authors:

(verses 8.364-368)

See Comparative notes for Verse 8.364.

 

 

VERSE 8.369

Section XLVI - Adultery

 

कन्यैव कन्यां या कुर्यात् तस्याः स्याद् द्विशतो दमः ।
शुल्कं च द्विगुणं दद्यात्शिफाश्चैवाप्नुयाद् दश ॥३६९॥

kanyaiva kanyāṃ yā kuryāt tasyāḥ syād dviśato damaḥ |
śulkaṃ ca dviguṇaṃ dadyātśiphāścaivāpnuyād daśa ||369||

 

If a maiden pollutes another maiden, her fine shall be two hundred; she shall also pay the double of her nuptial fee and shall receive ten lashes. — (369)

 

Medhātithi’s commentary (manubhāṣya):

Either through childishness, or through jealousy for her greater beauty, if a maiden pollutes another maiden, then she should be made to pay two hundred; and also the double of her nuptial fee.

What Is the amount of this fee?

It shall depend upon the beauty of the girl, or upon her fortune and other qualities.

‘Lashes’ — strokes of rope or creeper. — (369).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 321); — in Vivādaratnākara (p. 403), which adds that ‘dviguṇam’ means ‘double of 200’; — and ‘śiphā’ stands for ‘strokes of creepers, ropes and such other things’; — in Aparārka (p. 859), which adds the following explanation: — If one maiden happen to penetrate another with her fingers or some such thing, she shall pay a fine of 200 to the king, and that fee or price which the defiled maiden is worth, three times (its reading being ‘triguṇam’ or ‘dviguṇam’) that shall be paid to her by the other girl, who is, in addition, to receive ten stripes — i.e., strokes of rope or creepers.

It is quoted in Mitākṣarā (2.288) to the same effect; where it adds that ‘double the fee’ (dviguṇam śulkam) is to be paid by the offending girl to the father of the defiled girl.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 1016); — and in Vīramitrodaya (Vyavahāra, 157a).

 

 

VERSE 8.370

Section XLVI - Adultery

 

या तु कन्यां प्रकुर्यात् स्त्री सा सद्यो मौण्ड्यमर्हति ।
अङ्गुल्योरेव वा छेदं खरेणोद्वहनं तथा ॥३७०॥

yā tu kanyāṃ prakuryāt strī sā sadyo mauṇḍyamarhati |
aṅgulyoreva vā chedaṃ khareṇodvahanaṃ tathā ||370||

 

But if a woman pollutes a maiden, she deserves immediate shaving off, or the amputation of two fingers, and also being carried by a donkey. — (370)

 

Medhātithi’s commentary (manubhāṣya):

If a woman destroys the virginity of a maiden, she shall have her head shaven off; or undergo amputation of her fingers.

‘Being carried by a donkey’ — in the case of shaving. Some people hold that the different penalties are laid down in view of the caste of the girl, and the caste of the polluter; — the three penalties applying to the three castes Brāhmaṇa and the rest:

But there being no authority for such a view, it should be ignored. — (370)

 

Explanatory notes by Ganganath Jha:

According to ‘others’ in Medhātithi and Nārāyaṇa, the verse describes three distinct penalties for women of the three distinct castes. Govindarāja and Kullūka hold that in any one case, whether one or the other of the three penalties shall be inflicted will depend upon the circumstances of that case.

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 321; — in Vivādaratnākara (p. 403), which explains ‘strī’ as a woman who is herself not a maiden; — in Aparārka (p. 859), which says strī meant here is ‘other than a maiden’, the ‘maiden’ having been already dealt with in the preceding verse; — in Mitākṣarā (2.288), which, explains ‘strī’as ‘a grown up experienced woman’; — and in Vīramitrodaya (Vyavahāra, 157a), which explains ‘prakuryāt’ as ‘causes penetration.’

 

 

VERSE 8.371

Section XLVI - Adultery

 

भर्तारं लङ्घयेद् या तु स्त्री ज्ञातिगुणदर्पिता ।
तां श्वभिः खादयेद् राजा संस्थाने बहुसंस्थिते ॥३७१॥

bhartāraṃ laṅghayed yā tu strī jñātiguṇadarpitā |
tāṃ śvabhiḥ khādayed rājā saṃsthāne bahusaṃsthite ||371||

 

If a woman, proud of relations and her qualities, passes over her husband, the king shall have her devoured by dogs in a place frequented by many. — (371)

 

Medhātithi’s commentary (manubhāṣya):

‘Passing over’ means neglecting the husband and going over to another man; if a woman does this through ‘pride,’ — the pride consisting in the idea, — ‘I have several relations who are powerful and wealthy, and I myself am possessed of all the excellent qualities of a woman, such as beauty and love, — why then should I mind my character?’

Such women the king shall get devoured, till they die.

‘Place’ — spot; where many people congregate, such as road-crossings, market-squares and so forth. — (371)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 119); — and in Vivādaratnākara (p. 399), which adds the following notes: — ‘Laṅghayet’, disregarding her husband, if she goes to another man, — ‘jñātistrīguṇadarpitā’, being insolent on account of her relatives and such feminine qualities as beauty and the like.

 

Comparative notes by various authors:

Gautama (Aparārka, p. 857). — ‘If one commits adultery with a woman of a superior caste, his organ shall he cut off, and his property confiscated.’

Gautama (23.14). — ‘A woman who commits adultery with a man of lower caste, the King shall cause to he devoured by dogs in a public place.’

Vaśiṣṭha (21.1). — (See under next verse.)

Viṣṇu (5.18). — ‘A woman who violates the duty which she owes to her lord shall be put to death.’

Nārada (12.91). — ‘When a married woman commits adultery, her head shall be shaved, she shall have to he on the ground, receive bad food and bad clothing and the removal of sweepings shall he assigned to her as her occupation.’

Kātyāyana (Vivādaratnākara, p. 400). — ‘If during her husband’s absence, a woman is detected in illicit intercourse, she shall he kept confined till her husband’s return.’

Yama (Vivādaratnākara, p. 398). — ‘If a Brāhmaṇa woman, deluded by pride, has recourse to a Śūdra, her the King shall have devoured by dogs at the place of execution. If a Brāhmaṇa woman has recourse to a Vaiśya or a Kṣatriya, her head shall be shaved and she shall be paraded on an ass.’

Mahābhārata (12.165.64). — ‘If a woman forsakes a superior bed and has recourse to an inferior one, the King shall have her torn by dogs in a crowded place.’

Arthaśāstra (p. 171). — ‘If during her husband’s absence a woman has intercourse with her husband’s relative or servant, she should await her husband’s return; if the husband forgives them, the two parties shall be released; if he does not forgive, the woman’s ears and nose shall be cut off and her lover shall be put to death.’

Yājñavalkya (2.286). — ‘If both parties to an adultery belong to the same caste, the highest fine shall he inflicted on the man; if the woman is of an inferior caste, the man shall he fined with the middle amercement; if she belongs to a superior caste, the man shall be put to death and the woman’s ears and other parts shall he cut off.’

Matsyapurāṇa (Vivādaratnākara, p. 400). — ‘If during her husband’s absence a man defiles a woman forcibly, he should he punished with death, and there is no blame attaching to the woman.’

Hārīta (Vivādaratnākara, p. 396). — ‘If a man violates the bed of one of inferior caste, he should be made to be devoured by dogs, and the woman should be burnt by wood-fire.’

 

 

VERSE 8.372

Section XLVI - Adultery

 

पुमांसं दाहयेत् पापं शयने तप्त आयसे ।
अभ्यादध्युश्च काष्ठानि तत्र दह्येत पापकृत् ॥३७२॥

pumāṃsaṃ dāhayet pāpaṃ śayane tapta āyase |
abhyādadhyuśca kāṣṭhāni tatra dahyeta pāpakṛt ||372||

 

The offending male he should make to lie down upon a redhot iron bed; they shall put wooden-logs over him, so that the sinner may be burnt. — (372)

 

Medhātithi’s commentary (manubhāṣya):

The paramour of the woman spoken of in the preceding verse shall be burnt to death on an iron-bed made hot like fire.

Over him thus lying on the bed the executioners shall throw logs of wood, till he dies by the heat and by the strokes of the logs. — (372)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 857), which adds that this applies to men other than Brāhmaṇas; — in Vivādaratnākara (p. 39), which explains ‘abhyādadhyuḥ’ as ‘should scatter round him’ — and adds that this is to be done by the executioners.

 

Comparative notes by various authors:

Mahābhārata (12.165.65). — (Same as Manu, but reading ‘unnayet’ for ‘dāhayet’)

Gautama (23.15). — ‘If a man of inferior caste commits adultery with a woman of a superior caste, the King shall put him to death.’

Vaśiṣṭha (21.1-5). — ‘If a Śūdra approaches a female of the Brāhmaṇa caste, the King shall cause him to be tied up in Vīraṇa grass and thrown into fire. Of the woman, he shall have the hair shaved and the body anointed with butter; then placing her naked on a donkey, he shall cause her to be conducted along the public road; it is declared that by this she becomes purified. If a Vaiśya approaches a female of the Brāhmaṇa caste, the King shall have him tied up in Lohita grass and thrown into fire; — [the woman is to be dealt with as above]. If a Kṣatriya approaches a female of the Brāhmaṇa caste, the King shall have him tied up in the leaves of Śara grass and thrown into fire; [the woman is to be dealt with as above], A Vaiśya offending with a Kṣatriya woman shall be dealt with in the same manner; so also a Śūdra offending with a Vaiśva or Ksatriya woman.’

 

 

VERSE 8.373

Section XLVI - Adultery

 

संवत्सराभिशस्तस्य दुष्टस्य द्विगुणो दमः ।
व्रात्यया सह संवासे चाण्डाल्या तावदेव तु ॥३७३॥

saṃvatsarābhiśastasya duṣṭasya dviguṇo damaḥ |
vrātyayā saha saṃvāse cāṇḍālyā tāvadeva tu ||373||

 

If the convicted man is accused again within a year, he shall be punished with a double fine. the same also in the case of intercourse with a ‘vrātyā’ or a ‘chāṇḍālī.’ — (373)

 

Medhātithi’s commentary (manubhāṣya):

‘Convicted’ — charged of the crime; when a man has committed adultery with a woman and has been punished, he is said to be ‘convicted.’

If such a man, within a year, commits adultery with the same woman, then the man being thus convicted and accused again, the fine shall be double.

Another reading is ‘saṃvatsarābhiśastasya’ in the compounded form. In this case also the passage may be construed somehow.

‘“The same also in the case of intercourse with a “vrātyā,”’ — that is, when accused again.

Such cannot be the meaning of the verse, we say. In the case of the intercourse in question, there are hound to be various grades of punishment, in the shape of the ‘lowest,’ the ‘middle’ and the ‘highest’ amercement. So that it is not clear the ‘double’ of which one is meant.

What therefore is meant by ‘the same’ is that the line in the case of intercourse with the ‘vrātyā’ is to be ‘the same’ as that in that of the ‘caṇḍālī’; and for the latter case, the tine of ‘one thousand’ has been prescribed under 385, below.

‘Vrātyā.’ — ‘Vrāta’ means host, crowd; so that the ‘vrātyā’ would be one who has intercourse with a large number of men; the term being explained etymologically as ‘vrātena charati’; or it may be explained as ‘vrātam arhati,’ the ya in the middle coming in in accordance with Pāṇini, 5.1.66. Who would be the woman that would be ‘vrātyā’ in this latter sense? The unchaste woman who has intercourse with several men; for it is only she that can be said to be fit for a host,’ (‘vrātam arhati’).

Or, the term ‘vrātyā’ may stand for the village slave-girl, who has several masters.

Some people explain ‘vrātyā’ as meaning unmarried.

But according to this view the term would not be held to be used in its primary sense. For the writers on Smṛti have used the term in the sense of ‘those who have fallen off from the Sāvitrī’; and this cannot he applicable to women.

“But for the woman marriage has been declared to be the substitute for upanayana (initiation into Sāvitrī). So that she who has not been married, would be a ‘vrātyā.’”

But in that case the term would be used in the figurative, not the primary, sense. Even though the term ‘upanayana’ has been used in the sense of marriage, which is not-upanayana, yet when it is declared that ‘the man who is devoid of the upanayana is called a vrātya,’ it is never understood to mean that the man devoid of marriage is meant. Just as when it is said that ‘this place is without a lion,’ it is never understood to mean that ‘the place is without the boy,’ — eveu though the term ‘lion’ may have been figuratively used for the ‘boy.’

“In the latter case there is possibility of the primary moaning of the term ‘lion’ being applicable, but in the case in question, there is no such for the term ‘upanayana.’”

Figurative use does not depend entirely upon the impossibility of the primary meaning; it stands in need of other attendant circumstances also.

Then again, there is no doubt that the term ‘upana yana’ in the sense of marriage can be only figurative; but what reason can there be for regarding the term ‘vrātyā’ also (in the present text) as figurative? Even though it be figurative, it will he difficult to explain this as being based upon the fact of there being no marriage.

Further, it may be supposed that the woman born of a vrātya,’ is also a vrātyā on the analogy of the bird born of a crow being a crow, and that born of the kite being a kite. And the term ‘vrātyā’ would he applicable to the child by its relationship to the ‘vrātyā’ (the nominal affix denoting this relationship).

“But the wife of the vrātya man cannot be called a ‘vrātyā,’ even though she bear a relationship to him.”

But in the case cited the difficulty would be due to the case coming under Pāṇini’s Sūtra 4.1.18 (by which the feminine form would be ‘vrātyī’). The case of ‘the child born of the Vrātyā woman’ however does not come under this Sūtra.

Thus then, if the term ‘vrātyā’ is to be taken in a figurative sense, it is to be understood to stand for ‘the woman born of a vrātyā woman.’ If on the other hand, the term is used in its primary sense, then it must mean ‘she who is fit for a vrāta or crowd,’ — The ‘unmarried woman’ on the other hand does not come in either as the primary or the figurative meaning. Further, there is no time fixed for the marriage of women, by transgressing which they would become vrātyā (in the sense in which the man transgressing the time-limit for Upanayana becomes known as vrātya). As for the rule that girls should be married before puberty, — its transgression also is permitted by the sanctioning of the custom of ‘Svayaṃvara,’ ‘self-choice,’ which can be done only when a woman is of a sufficiently advanced age, and hence has attained puberty. And further, if no girl were to be married after puberty, several girls would have to remain in their father’s house till death. — (373).

 

Explanatory notes by Ganganath Jha:

‘Vrātyā’ — ‘(a) A public woman, or (b) a woman who belongs, as slave, to several men, or (c) ‘unmarried’ (the last being rejected) (Medhātithi who is misrepresented by Buhler); — ‘the wife of a person, who, though of a twice-born caste, has not had his sacraments’ (Govindarāja 'and Kullūka).

This verse is quoted in Vivādaratnākara (p. 394), which adds the following Explanatory notes: — If a man is found to persist in the intercourse for one year, after having been convicted of it, — he should suffer double the penalty prescribed for the first offence of its kind; and the penalty should be enhanced in proportion to the period of duration of the connection. ‘Vrātyā’ is the woman fallen from virtue, who has abandoned all meritorious acts; but Halāyudha explains ‘vrātyā’ as a maiden that has passed her marriageable age.

 

Comparative notes by various authors:

Mahābhārata (12.165.66). — ‘On having intercourse with a Cāṇḍāla woman, a man of the three higher castes shall he branded with the sign of a headless body and banished; but the Śūdra shall be only branded. A Cāṇḍāla approaching an Ārya woman shall be put to death.’

 

 

VERSE 8.374

Section XLVI - Adultery

 

शूद्रो गुप्तमगुप्तं वा द्वैजातं वर्णमावसन् ।
अगुप्तमङ्गसर्वस्वैर्गुप्तं सर्वेण हीयते ॥३७४॥

śūdro guptamaguptaṃ vā dvaijātaṃ varṇamāvasan |
aguptamaṅgasarvasvairguptaṃ sarveṇa hīyate ||374||

 

A śūdra having intercourse with a twice-born woman, protected or unprotected, shall be deprived of his limb and his whole property, in the case of the unprotected woman, and of everything in that of the protected. — (374).

 

Medhātithi’s commentary (manubhāṣya):

‘Śūdra’ — i.e., down to the Caṇḍāla; — ‘having intercourse’ — sexual — ‘with a twice-born woman’; — ‘protected or unprotected’ — by her husband, — shall be punished according to law.

What shall be the punishment?

If he has intercourse with an unprotected woman, he shall be deprived of his ‘limb,’ and also of ‘his whole property.’

As to the question regarding what he is to be deprived of, the answer is provided by the epithet ‘aṅgasarvasvi,’ which mentions the ‘limb’ and the ‘whole properly’; especially as nothing else is mentioned, and no other thing is specified.

The limb of which he is to be deprived is that with which he has offended.

If he has intercourse with a ‘protected’ woman, ‘he is to be deprived of everything,’ — not of only one limb, but of the whole body.

The present verse lays down the amputation of the limb, the confiscation of his entire property, and the inflicting of death, as forms of punishment, — the sense being that punishment should be inflicted on the man. Says Gautama (12.2): — In the case of intercourse with women, there should be amputation of the generative organ and also the confiscation of his entire property, — if she happens to be protected’ — (374)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra p. 378), to the effect that when a Śūdra has intercourse with an unguarded woman of a higher caste, his organ is to be cut off and all his property confiscated, and if he has recourse to a guarded woman of the higher caste, he shall suffer death and his entire property shall be confiscated.

It is quoted in Vivādaratnākara (p. 395), which adds the following notes: — ‘Dvaijātam varṇam’, a woman of the twice-born caste, — ‘āvasan’, having recourse to, — ‘aguptaikāṅgasarvasvī’ (which is its reading for ‘aguptamaṅgasarvasvī’), if the woman is one who is not guarded, the man shall be deprived of one limb and also of his entire property; and of his entire property as also of his entire body (if the woman is one who is guarded).

It is quoted in Mitākṣarā (2.280), which has the same explanation as the one in para 1 above; — in Vyavahāramayūkha (p. 100), which also has the same explanation — and in Vīramitrodaya (Vyavahāra, 156a).

 

Comparative notes by various authors:

(verses 8.374-378)

(See the texts under 372.)

Gautama (12.2). — ‘If a Śūdra has intercourse with an Ārya woman, his organ shall he cut off, and all his property shall be confiscated.’

Baudhāyana (2.3.52). — ‘Let him burn in straw-fire a Śūdra who has intercourse with an Ārya woman.’

Āpastamba (2.27.9). — ‘A Śūdra committing adultery with a woman of any of the three higher castes shall suffer capital punishment.’

Do. (2-26.20). — ‘If a man has actually committed adultery, his organ shall be cut off, together with the testicles.’

Vaśiṣṭha (21.1-5). — (See under 372.)

Yājñavalkya (2.286, 294). — ‘If one has intercourse with a woman of the same caste as himself, he shall be punished with the highest fine; if with a woman of a lower caste, with the middle fine; if with a woman of a higher caste, he shall be put to death and the woman’s ears and nose shall be cut off. If a Caṇḍāla has intercourse with an Ārya woman, he shall be put to death.’

Viṣṇu (5.40-43). — ‘An adulterer shall be made to pay the highest amercement, if he has had connection with a woman of his own caste; — for adultery with a woman of a lower caste, the middle amercement. He who has had connection with a woman of one of the lowest castes shall be put to death; — as also for having connection with a woman of the highest caste.’

Nārada (12.78). — ‘Intercourse is permitted with a wanton woman who belongs to another than a Brāhmaṇa-caste, or a prostitute, or a female slave, or a female not restrained by her master; if these women belong to a lower caste than oneself; but with a woman of a superior caste intercourse is forbidden.’

Bṛhaspati (23.12). — ‘The highest fine shall he inflicted for connection with a woman of equal caste; half of that, for connection with a woman of inferior caste; but a man who has connection with a woman of superior caste shall be put to death.’

Yama (Vivādaratnākara, p. 395). — ‘If a Śūdra has connection with a Brāhmaṇa woman, the King shall put him to death on a heated iron-bed, burning the sinful man there with wood, leaves and grass.’

 

 

VERSE 8.375

Section XLVI - Adultery

 

वैश्यः सर्वस्वदण्डः स्यात् संवत्सरनिरोधतः ।
सहस्रं क्षत्रियो दण्ड्यो मौण्ड्यं मूत्रेण चार्हति ॥३७५॥

vaiśyaḥ sarvasvadaṇḍaḥ syāt saṃvatsaranirodhataḥ |
sahasraṃ kṣatriyo daṇḍyo mauṇḍyaṃ mūtreṇa cārhati ||375||

 

The Vaiśya should be fined his entire property after a year’s imprisonment; the Kṣatriya is to be fined one thousand, and be shaved with urine. — (375)

 

Medhātithi’s commentary (manubhāṣya):

The confiscation of his entire property is the penalty prescribed for the Vaiśya. Though all the twice-born castes are mentioned together here, yet the penalty here laid down is not meant for the case where the Vaiśya has intercourse with a woman of the same caste; it is meant for cases of intercourse with Brāhmaṇa and Kṣatriya women.

Similarly in the case of the Kṣatriya having intercourse with a Brāhmaṇa woman, the punishment consists in a fine of one thousand, and also ‘shaving with urine,’ — i.e., the urine of the ass being used in place of water.

Others explain the verse as follows: — Since no other caste is mentioned, the punishment is meant for the case where the Vaiśya has intercourse with a woman of the same caste, — the additional punishment being due to his keeping her for a year. The sense is that if he keeps her for a year then his punishment shall be as here laid down.

As a matter of fact however, the former explanation appears to be more reasonable. It cannot be argued against it that — “the same punishment cannot rightly apply to cases of intercourse with equal, superior and inferior castes;” because it has been declared that ‘the wives of all castes are to be guarded with the greatest care.’ — (375)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 396), which adds the following Explanatory notes: — For having recourse to a guarded Brāhmaṇa woman, the Vaiśya is to be imprisoned for one year and his entire property is to be confiscated, — the Kṣatriya is to be fined 1000, and shall have his head wetted with urine and then shaved; — and in Vyavahāra-Bālambhaṭṭī (p. 1009).

 

Comparative notes by various authors:

(verses 8.374-378)

See Comparative notes for Verse 8.374.

 

 

VERSE 8.376

Section XLVI - Adultery

 

ब्राह्मणीं यद्यगुप्तां तु गच्छेतां वैश्यपार्थिवौ ।
वैश्यं पञ्चशतं कुर्यात् क्षत्रियं तु सहस्रिणम् ॥३७६॥

brāhmaṇīṃ yadyaguptāṃ tu gacchetāṃ vaiśyapārthivau |
vaiśyaṃ pañcaśataṃ kuryāt kṣatriyaṃ tu sahasriṇam ||376||

 

If the Vaiśya and the Kṣatriya have intercourse with an unprotected Brāhmaṇa woman, the Vaiśya should be committed with five hundred and the Kṣatriya with one thousand. — (376)

 

Medhātithi’s commentary (manubhāṣya):

‘Unprotected’ — has been explained as one who has lost her chastity and has no one to look after her.

For having intercourse with such a woman, he shall ‘commit’ the Vaiśya ‘with fine hundred.’ The verb to commit is to be taken in the sense of fining, from the context; the meaning is that ‘he shall be fined live hundred.’

The term ‘pañcaśutam’ is to be expounded as ‘he who has live hundred,’ — the Bahuvrīhi compound denoting possession.

The meaning is that the king should so commit him that he gets five hundred.

“Does this mean that if the man has more than five hundred, the excess shall he confiscated?”

Not so, we reply; for in that case if the man has only five hundred, then for him there would be no punishment prescribed.

“What I hen is the meaning?”

The expression ‘he shall he committed with five hundred’ means that he is to be punished with a fine consisting of five hundred. That such is the meaning is indicated by the context.

Similarly, ‘the Kṣatriya is to be committed with one thousand’; — i.e., his punishment shall consist of one thousand; and not that his property at home shall he one thousand.

The expression ‘aṅgasarvasvī’ (in verse 371) is to be explained similarly to mean that (he king shall so act that the man’s punishment consist of his limb and bis whole property.

The penalty for the Kṣatriya is severer, because it is his duty to guard people; so that if he offends, his guilt is the greater. — (376)

 

Explanatory notes by Ganganath Jha:

This vérse is quoted in Vyavahāramayūkha (p. 106); — in Mitākṣarā (2.286); where Bālambhaṭṭī adds that in ‘pañcaśatam’ we have Bahuvrīhi compound; and notes that the penalty for a Kṣatriya is double that for a Vaiśya, because it is the function of the former to protect and guard people from all kinds of harm; and that the fine of 500 prescribed for the Vaiśya is meant for that case where he does it under the impression that the woman is a Śūdra, or for that where the woman concerned is merely Brāhmaṇa by birth and is entirely devoid of all Brāhmaṇical virtues.

It is quoted in Vīramitrodaya (Vyavahāra, 156a).

 

Comparative notes by various authors:

(verses 8.374-378)

See Comparative notes for Verse 8.374.

 

 

VERSE 8.377

Section XLVI - Adultery

 

उभावपि तु तावेव ब्राह्मण्या गुप्तया सह ।
विप्लुतौ शूद्रवद् दण्ड्यौ दग्धव्यौ वा कटाग्निना ॥३७७॥

ubhāvapi tu tāveva brāhmaṇyā guptayā saha |
viplutau śūdravad daṇḍyau dagdhavyau vā kaṭāgninā ||377||

 

But both these, when offending against a protected Brāhmaṇa woman, should be punished like a Śūdra, or burnt in a fire of dry grass. — (377)

 

Medhātithi’s commentary (manubhāṣya):

‘Both these,’ i.e., the Vaiśya and the Kṣatriya — ‘offending against’ — i.e., having sexual intercourse with — a protected Brāhmaṇa woman — ‘should he punished like the Śūdra,’ — i.e. ‘deprived of everything, if the woman is protected’ (as declared in 374).

‘Or he should be burnt in a fire of dry grass’ — the term ‘or’ is meant to indicate option in the method of killing, and not in regard to the killing itself. Because in the case of the protected Brāhmaṇa woman, there is no other penalty for the Śūdra except death — (377)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra p. 318); — in Vyavahāramayūkha (p. 106); — and in Mitāk ṣarā (2.286), where Bālambhaṭṭī adds the following notes: — If a Kṣatriya or a Vaiśya have intercourse with a guarded Brāhmaṇa woman, he should be punished like a Śūdra, i. e., deprived of his whole body and his entire property (according to 374); i.e., his entire property should be confiscated and he should be put to death; — another alternative penalty prescribed is that he should be put to death, without any confiscation of property; and it is by means of the ‘Kaṭāgni’ that he is to be put to death.

It is quoted in Vīramitrodaya (Vyavahāra, 155b).

 

Comparative notes by various authors:

(verses 8.374-378)

See Comparative notes for Verse 8.374.

 

 

VERSE 8.378

Section XLVI - Adultery

 

सहस्रं ब्राह्मणो दण्ड्यो गुप्तां विप्रां बलाद् व्रजन् ।
शतानि पञ्च दण्ड्यः स्यादिच्छन्त्या सह सङ्गतः ॥३७८॥

sahasraṃ brāhmaṇo daṇḍyo guptāṃ viprāṃ balād vrajan |
śatāni pañca daṇḍyaḥ syādicchantyā saha saṅgataḥ ||378||

 

The Brāhmaṇa who has intercourse with a protected Brāhmaṇa woman by force should be fined one thousand; he who has connection with a willing one, should be fined five hundred. — (378)

 

Medhātithi’s commentary (manubhāṣya):

Even though one has lost her chastity, if the woman continues to be protected by her father, brother or relatives, — and a Brāhmaṇa has intercourse with her by force, he should be made to pay one thousand.

If however the woman is protected and still chaste, then the man is to be banished and branded, in addition to the fine.

Even if the word ‘protected’ be taken to mean chaste, the Brāhmaṇa would be absolved by paying a thousand ‘banishment’ and ‘branding’ being the general punishment laid down for all cases of immoral intercourse with other women. — (378)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 317), which remarks that this refers to cases where the woman is not the wife of one’s teacher or friend; — in Vivādaratnākara (p. 393); — in Vyavahāramayūkha (p. 105), as laying down the penalty for forcible intercourse with a chaste Brāhmaṇa woman; — in Mitākṣarā (p. 256) where Bālambhaṭṭī notes that inasmuch as the latter half contains the epithet ‘icchantyā,’ ‘willing,’ — which is in contradistinction to ‘balāt,’ ‘by force,’ of the former half, — it follows that in case the first half refers to the guarded woman, the second half must refer to the unguarded one; the meaning being that if a Brāhmaṇa has connection only once with a willing woman of the same caste, he should be fined 500; — in Smṛtisāroddhāra (p. 330); — and in Vīramitrodaya (Vyavahāra, 144b and 155b), which explains ‘guptam’ as ‘properly guarded’; and adds that this refers to cases of adultery other than those with the wife of the guru or the friend, for which latter other penalties have been prescribed.

 

Comparative notes by various authors:

(verses 8.374-378)

See Comparative notes for Verse 8.374.

 

 

VERSE 8.379

Section XLVI - Adultery

 

मौण्ड्यं प्राणान्तिकं दण्डो ब्राह्मणस्य विधीयते ।
इतरेषां तु वर्णानां दण्डः प्राणान्तिको भवेत् ॥३७९॥

mauṇḍyaṃ prāṇāntikaṃ daṇḍo brāhmaṇasya vidhīyate |
itareṣāṃ tu varṇānāṃ daṇḍaḥ prāṇāntiko bhavet ||379||

 

Tonsure has been prescribed as the death-penalty for the Brāhmaṇa; for other castes the penalty would be actual death. — (379)

 

Medhātithi’s commentary (manubhāṣya):

In cases where ‘death’ has been laid down for the Kṣatriya and other castes, it is to be ‘tonsure’ for the Brāhmaṇa. For instance, for adultery, the non-Brāhmaṇa deserves the death-penalty, — the general rule being that ‘the male shall be flayed.’

The term ‘prāṇāntaka’ is to be explained as prāṇānām antam gacchati or ‘prāṇānāmant?m karoti,’ — that which brings about the end of life; the form being formed with the ‘ṇvul’ affix.

Others read ‘prāṇāntika’; — in which case the affix is ‘ṭhañ,’ — the meaning being ‘relating to death.’

‘For the other castes’ — the Kṣatriya and others, except the Brāhmaṇa, — ‘it is to be actual death.’

Putting to death having already been prescribed before, the present text has been taken as serving the purpose of putting forward the injunction of tonsure and the fine of one thousand, as supplementary to the former injunction. Otherwise, in as much as the death penalty has not been prescribed for the Brāhmaṇa, what would be the occasion for declaring that ‘Tonsure is the death-penalty for the Brāhmaṇa?’

It might be argued that the possibility of death-penalty for the Brāhmaṇa is indicated by the general law that ‘the man should be flayed.’”

But in that case the substitute should have been put forward in that same connection; so that the connection of the two could be clearly perceived. — (379).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 393), which adds the explanation that ‘for an offence in connection with which death penalty has been prescribed, the Brāhmaṇa shall only have his head shaved’; — in Parāśaramādhava (Ācāra, p. 399); — in Parāśaramādhava (Vyavahāra, p. 159); — in Aparārka (p. 681), which adds that banishment from the city and such other penalties are equal to the death-penalty, so far as the Brāhmaṇa is concerned; — in Vyavahāra-Bālambhaṭṭī (p. 115); — and in Vīramitrodaya (Vyavahāra, 58b).

 

Comparative notes by various authors:

(verses 8.379-381)

Gautama (8.13). — ‘The Brāhmaṇa who is well-versed in his dharma must not be subjected to corporal punishment; he must not be imprisoned; he must not be fined; he must not be exiled; he must not be reviled; he must not be excluded.’

Baudhāyana (1.18.17). — ‘A Brāhmaṇa, forsooth, shall not suffer corporal punishment for any offence.’

Viṣṇu (5.2-3). — ‘In the case of a Brāhmaṇa, no corporal punishment must be inflicted; a Brāhmaṇa must be banished from the country, his body having been branded.’

Nārada (Theft, 41, 42). — ‘On no account shall the King kill a Brāhmaṇa, though convicted of all possible crimes. He may be banished. The King shall confiscate his entire wealth or leave him a fourth part for himself.’

Bṛhaspati (27.11, 12). — ‘A Brāhmaṇa, though a mortal sinner, shall not suffer capital punishment; the King shall banish him and cause him to be branded and shaved; the Brāhmaṇa who deserves capital punishment shall be compelled to pay one hundred Suvarṇas; one deserving to have a limb cut off, half as much; and one deserving to have the thumb and index finger cut off, half of that.’

Śaṅkha-Likhita (Vivādaratnākara, p. 634). — ‘Even if he has committed heinous crimes, the Brāhmaṇa may be banished, branded, or made to undergo expiations; for the Brāhmaṇa should not be made to suffer bodily pain.’

Hārīta (Do., p. 631). — ‘For the Brāhmaṇa, there is no cutting off of limbs; the Brāhmaṇa is always purified by penances and austerities.’

Yama (Do., p. 636). — ‘For crimes committed by the Brāhmaṇa, the following punishments have been ordained: shaving of the head, banishment from the city, proclamation of his sin, parading on an ass, branding on the forehead.’

 

 

VERSE 8.380

Section XLVI - Adultery

 

न जातु ब्राह्मणं हन्यात् सर्वपापेष्वपि स्थितम् ।
राष्ट्रादेनं बहिः कुर्यात् समग्रधनमक्षतम् ॥३८०॥

na jātu brāhmaṇaṃ hanyāt sarvapāpeṣvapi sthitam |
rāṣṭrādenaṃ bahiḥ kuryāt samagradhanamakṣatam ||380||

 

Verily he shall not kill the Brāhmaṇa, even though he be steeped in all crimes; he should banish him from the kingdom, with all his property and unhurt. — (380).

 

Medhātithi’s commentary (manubhāṣya):

‘In all crimes.’ — What is said here should not, on the strength of context, be taken as applying to ‘adultery’ only; it pertains to other crimes also.

‘Even’ — This term means that even though the Brāhmaṇa may have committed all the crimes simultaneously, he should never be made to suffer the death-penalty.

“What then should be done to the criminal?”

The king shall ‘banish him’ — send him away — ‘from the kingdom’ — out of his realm; — ‘with all his property’ — along with all his belongings; — ‘unhurt’ — in body.

“If the property even is not to be confiscated, what would be the punishment to the Brāhmaṇa?”

Some people say that when the text distinctly says that the man is to be banished ‘with his property,’ it is clear that it forbids the imposition of fine. Others however explain the words ‘banished with his property’ to mean that he shall be banished after all his property has been confiscated. — (380)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 681), to the effect that even though actual death has been prohibited as a penalty for the Brāhmaṇa, yet there are other penalties which are equal to, and substitutes for, that penalty; — again on p. 842, where it notes that the banishment here laid down is meant for cases other than the ‘mortal offences.’

It is quoted in Vivādaratnākara (p. 682); — in Mitākṣarā (2.81), which remarks that corporeal punishment is never to be inflicted on the Brāhmaṇa; this is the general law laid down here; and again on 3.267; — in Vyavahāra-Bālambhaṭṭī (p. 115); — and in Prāyaścittaviveka. (p. 183), to the effect that for the Brāhmaṇa there is no death-penalty.

 

Comparative notes by various authors:

(verses 8.379-381)

See Comparative notes for Verse 8.379.

 

 

VERSE 8.381

Section XLVI - Adultery

 

न ब्राह्मणवधाद् भूयानधर्मो विद्यते भुवि ।
तस्मादस्य वधं राजा मनसाऽपि न चिन्तयेत् ॥३८१॥

na brāhmaṇavadhād bhūyānadharmo vidyate bhuvi |
tasmādasya vadhaṃ rājā manasā'pi na cintayet ||381||

 

There is no greater crime on earth than the slaying of a Brāhmaṇa; the king shall, therefore, not even think of his death in his mind. — (381)

 

Medhātithi’s commentary (manubhāṣya):

This is a declamatory supplement to what has gone before; Than the slaying of the Brāhmaṇa, there is no ‘greater crime,’ — sin leading to greater suffering.

The Ablative in ‘vadhāt’ is to be explained by supplying the term ‘aṅgaḥ.’

For this reason, the king should not even think of inflictin g either death or amputation on the Brāhmaṇa. — (381)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 632); — in Parāśaramādhava (Vyavahāra, p. 59); — in Āparārka (p. 681); — in Mitākṣarā (2.281); — and in Vyavahāra-Bālambhaṭṭī (p. 115).

 

Comparative notes by various authors:

(verses 8.379-381)

See Comparative notes for Verse 8.379.

 

 

VERSE 8.382

Section XLVI - Adultery

 

वैश्यश्चेत् क्षत्रियां गुप्तां वैश्यां वा क्षत्रियो व्रजेत् ।
यो ब्राह्मण्यामगुप्तायां तावुभौ दण्डमर्हतः ॥३८२॥

vaiśyaścet kṣatriyāṃ guptāṃ vaiśyāṃ vā kṣatriyo vrajet |
yo brāhmaṇyāmaguptāyāṃ tāvubhau daṇḍamarhataḥ ||382||

 

If a Vaiśya approaches a protected Kṣatriya woman, or the Kṣatriya a Vaiśya woman, — both these deserve the same punishment as that in the case of an unprotected Brāhmaṇa woman. — (382)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (in 376) that in the case of approaching an unprotected Brāhmaṇa woman, the Vaiśya ‘should be committed with five hundred and the Kṣatriya with one thousand.’ So in the present case also the fine for the Vaisḥya would be five hundred.

The heavier punishment for the Kṣatriya is justified on the ground that being entrusted with the task of protecting the people, if he takes to offending against them, he incurs a great sin. — (382)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 393), which remarks that ‘daṇḍa’, ‘punishment,’ meant here is the ‘middle amercement’; — in Vyavahāramayūkha (p. 106); — in Aparārka (p. 857), which remarks that the meaning is that in the case of the Vaiśya having intercourse with an unguarded Kṣatriya woman who is entirely corrupt, the fine is 500; while if the woman is guarded and chaste, then death-penalty; — if the woman belongs to the same cāste as himself, the penalty is the ‘highest amercement.’

It is quoted in Mitākṣarā (2.286); — in Parāśaramādhava (Vyavahāra, p. 319), to the effect that between the Kṣatriya and the Vaiśya, if one has recourse to the woman of the other caste, the penalty is a fine of 1,000 and 500 paṇas respectively; — and in Vīramitrodya (Vyavahāra 156a).

 

Comparative notes by various authors:

(verses 8.382-385)

[See Texts under 371, 372 and 374-378.]

 

 

VERSE 8.383

Section XLVI - Adultery

 

सहस्रं ब्राह्मणो दण्डं दाप्यो गुप्ते तु ते व्रजन् ।
शूद्रायां क्षत्रियविशोः साहस्रो वै भवेद् दमः ॥३८३॥

sahasraṃ brāhmaṇo daṇḍaṃ dāpyo gupte tu te vrajan |
śūdrāyāṃ kṣatriyaviśoḥ sāhasro vai bhaved damaḥ ||383||

 

The Brāhmaṇa having intercourse with the said two, when protected, should be made to pay a fine of one thousand; the fine for the Kṣatriya and the Vaiśya approaching a Śūdra woman, should be one thousand. — (383)

 

Medhātithi’s commentary (manubhāṣya):

The Brāhmaṇa approaching the protected Vaiśya or Kṣatriya Woman should be fined one thousand; and of course ‘banishment’ and ‘branding’ remain as the fixed forms of punishment (in all cases of adultery).

For approaching a Śūdra woman, the Kṣatriya and the ‘Vaiśya should be fined one hundred.

‘Sāhasra’ is the same as ‘Sahasra,’ the affix ‘aṇ’ having the reflexive-force. Or ‘Sāhasra’ may be explained as that which consists of a sahasra or thousand; the ‘aṇ’ affix having the force of the possessive. — (383)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 393); — in Vyavahāramayūkha (p. 106), which remarks that this refers to the case of a chaste woman; — in Parāśaramādhava (Vyavahāra, p. 317); — and in Vīramitrodaya (Vyavahāra, 155b), which explains ‘te’ as ‘Kṣatriya and Vaiśya’.

 

Comparative notes by various authors:

(verses 8.382-385)

See Comparative notes for Verse 8.382.

 

 

VERSE 8.384

Section XLVI - Adultery

 

क्षत्रियायामगुप्तायां वैश्ये पञ्चशतं दमः ।
मूत्रेण मौण्ड्यमिच्छेत् तु क्षत्रियो दण्डमेव वा ॥३८४॥

kṣatriyāyāmaguptāyāṃ vaiśye pañcaśataṃ damaḥ |
mūtreṇa mauṇḍyamicchet tu kṣatriyo daṇḍameva vā ||384||

 

In the case of the Vaiśya approaching an unprotected Kṣatriya woman, the fine shall be five hundred; but the Kṣatriya may suffer tonsure or the fine. — (384)

 

Medhātithi’s commentary (manubhāṣya):

For the Vaiśya there shall be a fine of five hundred, if he has intercourse with an unprotected Kṣatriya woman.

For the Kṣatriya also there shall be the same penalty; or he may suffer ‘tonsure’ — shaving of the head with ass’s urine.

The same punishment is applicable to both the Vaiśya and the Kṣatriya for having intercourse with an unprotected Vaiśya woman. — (384)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 396), which adds the following explanation: — If a Kṣatriya has recourse to an unguarded Kṣatriya woman, his head shall be wetted with urine and then shaved, or he may be fined, like the Vaiśya, 500 paṇas. It adds that Lakṣmīdhara has read ‘mauṇḍyameva’ for ‘daṇḍameva’; — and in Vyavahāra-Bālambhaṭṭī (p. 1008).

 

Comparative notes by various authors:

(verses 8.382-385)

See Comparative notes for Verse 8.382.

 

 

VERSE 8.385

Section XLVI - Adultery

 

अगुप्ते क्षत्रियावैश्ये शूद्रां वा ब्राह्मणो व्रजन् ।
शतानि पञ्च दण्ड्यः स्यात् सहस्रं त्वन्त्यजस्त्रियम् ॥३८५॥

agupte kṣatriyāvaiśye śūdrāṃ vā brāhmaṇo vrajan |
śatāni pañca daṇḍyaḥ syāt sahasraṃ tvantyajastriyam ||385||

 

The Brāhmaṇa, approaching an unprotected Vaiśya or Kṣatriya woman, should be fined five hundred, and one thousand for approaching a woman of the lowest order. — (385)

 

Medhātithi’s commentary (manubhāṣya):

This is the punishment for the Brāhmaṇa having intercourse with a Vaiśya or a Kṣatriya woman.

‘Of the lowest order’ — i.e., the Caṇḍāla, the Śvapaca and so forth. In their case the fine shall be one thousand.

The law relating to the fine of thousand ‘paṇas’ is briefly as follows: — For the Brāhmaṇa approaching a protected woman of any of the four castes, the fine shall be one thousand; and in addition to this for having intercourse with the wife of a Vedic scholar there shall be both banishment and branding, while in other oases there shall be banishment only. We presume this to be the case with the wife of a Vedio Scholar on the ground that the expiatory rite prescribed in connection with such intercourse is of a serious character.

For intercourse with an unprotected woman, there shall be a fine of five hundred in addition to banishment and branding.

Though the unprotected woman may he spoken of as ‘another man’s wife,’ on account of her having undergone the marriage-rites, yet, in reality, when she becomes loose in her character, she practically ceases to belong to her husband.

For the non-Brāhmaṇa, there is death-penalty if he approaches by force a protected woman: for approaching a willing woman, he shall be fined one thousand, and also banishment and branding; — as laid down under 376 above. — (385)

 

Explanatory notes by Ganganath Jha:

‘Antyajastriyam’ — ‘Chāṇḍāla woman’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘woman belonging to such castes as washermen, cobblers, actors, basket-makers, fishermen, Mādas and Bhillas’ (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 394), which adds the following notes: — ‘Kṣatriyavaiśye’ is the dual form in the Accusative; — ‘antyajastrī’, washerwoman and the like; — in view of what is said here the death-penalty laid down elsewhere for having recourse to the ‘antyaja’ woman should be understood as meant for men other than Brāhmaṇas; — in Vyavahāra-Bālambhaṭṭī (p. 1008); — and in Vivādacintāmaṇi (p. 108), which explains ‘antyaja’ as ‘the washerwoman, the cobbler, and so forth.’

 

Comparative notes by various authors:

(verses 8.382-385)

See Comparative notes for Verse 8.382.

 

 

VERSE 8.386 [Summing up of the Sections relating to Criminal Law]

Section XLVII - Summing up of the Sections relating to Criminal Law

 

यस्य स्तेनः पुरे नास्ति नान्यस्त्रीगो न दुष्टवाक् ।
न साहसिकदण्डघ्नो स राजा शक्रलोकभाक् ॥३८६॥

yasya stenaḥ pure nāsti nānyastrīgo na duṣṭavāk |
na sāhasikadaṇḍaghno sa rājā śakralokabhāk ||386||

 

That king in whose town there is no thief, no adulterer, no defamer, no criminal, no assaulter, — attains the regions of Indra. — (386)

 

Medhātithi’s commentary (manubhāṣya):

That king in whoso ‘town’ — kingdom — there is no thief, reaches the ‘regions of Indra’ — heaven.

‘No adulterer’ — who has no intercourse with a married woman, or to one married a second time. The mention of the ‘woman’ indicates that the prohibition applies to the case of all such women as are not one’s own wife, and are not related to him.

‘Defamer’ — the man who commits the three kinds of defamation.

‘Criminal’ — already described above.

‘Assaulter’ — who commits physical violence.

‘Attains the regions of Indra’ — is to be construed with each of the phrases.

This verse constitutes a hortatory supplement to the injunctions regarding the punishing of thieves and others. — (386)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara, (p. 408), which adds the following notes: — ‘Duṣṭavāk,’ defamer of people, — ‘daṇḍaghna,’ one who strikes people with a stick, i.e., an assaulter; — and in Vivādacintāmaṇi (p. 264).

 

Comparative notes by various authors:

(verses 8.386-387)

Viṣṇu (5.196). — ‘The King in whose dominion there exists neither thief, nor adulterer, nor calumniator, nor robber, nor murderer, attains the world of Indra.’

Cf. The Upaniṣad text, where a king is represented as saying — ‘In my realm there is no thief, no miser, no drunkard, none who is not tending the Fires, nor any illiterate person, no female libertine, — whence then can there be any male libertine.’

Yama (Vivādaratnākara, p. 408). — ‘Wicked persons, criminals, rogues, gamblers, oppressors, — that King in whose realm these persons are not found becomes entitled to the realm of India.’

Nārada (18.7-8). — ‘Whenever wicked acts, opposed to the dictates of the sacred law, have been committed, the King, after having reflected upon the matter, shall himself inflict punishment upon those who deserve it. What is opposed to revealed and traditional law, or injurious to living beings, must not be practised by the King; wherever it is practised, he must check it.’

 

 

VERSE 8.387

Section XLVII - Summing up of the Sections relating to Criminal Law

 

एतेषां निग्रहो राज्ञः पञ्चानां विषये स्वके ।
सांराज्यकृत् सजात्येषु लोके चैव यशस्करः ?? ॥३८७॥

eteṣāṃ nigraho rājñaḥ pañcānāṃ viṣaye svake |
sāṃrājyakṛt sajātyeṣu loke caiva yaśaskaraḥ ?? ||387||

 

The suppression of these five in his own dominions secures to the king paramount sovereignty among his peers and fame in the world. — (387)

 

Medhātithi’s commentary (manubhāṣya):

‘Paramount sovereignty,’ — lordship over others, independence.

‘Among his peers.’ — the term ‘peers’ stands for such kings as are his rivals. The king in question rises to lordship over all those; i.e., they become subservient to him and obey bis wishes.

‘Fame in the world’ — also is brought about.

In both cases it is the ‘suppression’ that brings about the said result.

The meaning is that people continue to eulogise the king, even though they say that ‘he is a very cruel chastiser of the people.’ — (387)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 408), which explains ‘sajāteṣu’ as ‘among persons of the same class with himself’; — and in Vivādacintāmaṇi (p. 264).

 

Comparative notes by various authors:

(verses 8.386-387)

See Comparative notes for Verse 8.386.

 

 

VERSE 8.388 [Laws relating to Civic Misdemeanours]

Section XLVIII - Laws relating to Civic Misdemeanours

 

ऋत्विजं यस्त्यजेद् याज्यो याज्यं चर्त्विक् त्यजेद् यदि ।
शक्तं कर्मण्यदुष्टं च तयोर्दण्डः शतं शतम् ॥३८८॥

ṛtvijaṃ yastyajed yājyo yājyaṃ cartvik tyajed yadi |
śaktaṃ karmaṇyaduṣṭaṃ ca tayordaṇḍaḥ śataṃ śatam ||388||

 

If a sacrificer forsakes an officiating priest, and if an officiating priest forsakes a sacrificer, — each being capable of doing the work and free from disqualifications, — their punishment is one hundred each — (388).

 

Medhātithi’s commentary (manubhāṣya):

‘Officiating priest’ — a person who performs the several acts in connection with ‘sacrificial performances’; e.g., the Ṛtvik, the Hotṛ, the Udgātṛ and so forth.

Though the name ‘officiating priest’ becomes applicable to the man only after his appointment, and continues so till the completion of the rites, yet the law that is laid down here pertains to the forsaking done before the actual appointment, and not to that during the performance of the rites that have commenced. And the titles are applied on the ground of past events; that is to say, it is only one who has had previous experience; as a priest who has the chance of being chosen again. In fact the title is applied, not only on the basis of previous experience, but also upon hereditary qualifications; as says Nārada — ‘the man employed previously is self-chosen’; and further, this applies not only to the experience of a single generation, but to the family-traditions of several generations; as has been described in detail in the Mahābhārata in the sections dealing with Saṃvarta and Marutta.

The upshot thus is that those persons should be chosen as officiating priests who belong to the same family members whereof have been chosen in the past by the forefathers of the selector.

This same is applicable to the case of the ‘sacrifices’ also; the priests also should hare recourse to the same sacrifices with whose forefathers their forefathers may hare had dealings in the past.

‘Officiating priest’ — the man who has performed the priestly duties, or one who belongs to the family of such a person.

If a man going to perform a sacrifice does not appoint such a priest, but ask some one else.

‘Capable of doing the work’ — of sacrificing; i.e., conversant with the entire procedure.

‘Free from disqualifications’ — i.e., not haring any such defect as a defective limb, or being accused of a serious crime and so forth.

If such a qualified priest, on being requested to officiate, refuses to do so, and does not accept the priesthood offered; — when the sacrificer is free from the said disqualifications and is fully learned.

In the case of both these forsakings, there shall be a fine of one hundred. If the priest forsakes the sacrificer he should be made to pay a hundred, and so also the sacrifices if he forsakes the priest.

This rule is applicable, not only to the case of the sacrificer and the officiating priest, but also to that of the Preceptor and the Pupil. As says Gautama (21.12-13) — ‘The Priest and the Preceptor are to be forsaken only if they are deficient in learning, or happen to serve an outcast; by forsaking them otherwise one becomes an outcast.’

Some people hold that this law is applicable also to the case of the giver and the recipient. — (388)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 122), which adds that whether the fine is to be 200 or 100 is to be determined by the offence being intentional or unintentional, and also by the richness or poverty of the offender.

It is quoted in Aparārka (p. 837), which adds that this rule applies to such priests as are hereditary, or have been appointed by the man himself; — in Kṛtyakalpataru (91a); — and in Vīramitrodaya (Vyavahāra, 120a).

 

Comparative notes by various authors:

[See the Text under 206, et seq.]

 

 

VERSE 8.389

Section XLVIII - Laws relating to Civic Misdemeanours

 

न माता न पिता न स्त्री न पुत्रस्त्यागमर्हति ।
त्यजन्नपतितानेतान् राज्ञा दण्ड्यः शतानि षट् ॥३८९॥

na mātā na pitā na strī na putrastyāgamarhati |
tyajannapatitānetān rājñā daṇḍyaḥ śatāni ṣaṭ ||389||

 

Neither the mother, nor the father, nor the wife, nor the son deserve to be forsaken; he who forsakes these, unless they are outcasts, should be fined six hundred by the king. — (389)

 

Medhātithi’s commentary (manubhāṣya):

The mother does not deserve to be forsaken, — should net be cast off. ‘Forsaking’ consists in turning her out of the house, if she has failed in her maternal duties; i.e., if she fails to do what she ought to do in return for what she receives at the bands of her son.

The same explanation applies to the case of the father and the rest also.

The term ‘strī’ (woman) stands for the wife, as is clear from the fact that the text mentions only relatives.

These should not be forsaken, unless they are outcasts. As regards the mother, Śātātapa has declared that ‘to the son the mother never becomes an outcast.’

The ‘forsaking’ of the outcast, wife consists in giving up all intercourse with her and in forbidding her to do household work; but the giving of food and clothing is not forbidden; as it is declared that — ‘food and clothing should be given to even outcast wives, and these should live near the house.’ — (389)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 357), which notes that ‘tyāga,’ ‘abandonment,’ here means ‘not according such treatment to them as has been prescribed in the scriptures’; — and that ‘strī’ here stands for the wife.

It is quoted in Aparārka (p. 823), which remarks that this rule refers to the abandoning of all the four collectively; — and in Vivādacintāmaṇi (p. 154).

 

Comparative notes by various authors:

Viṣṇu (5.163). — ‘A husband forsaking a blameless wife shall be punished as a thief.’

Yājñavalkya (2.237). — ‘Between father and son, brother and sister, husband and wife, teacher and disciple, — if one forsakes the other, unless he or she has become an outcast, he shall be fined one hundred.’

Śaṅkha-Likhita (Aparārka, p. 823). — ‘The father and the mother should never be forsaken; indeed no Sapiṇḍas possessing good qualities should be forsaken; if one forsakes these arbitrarily, unless they have become outcasts, he should he fined 200. Nor should one misbehave towards the father, mother, or teacher; one who misbehaves towards them shall have his limb cut off.’

 

 

VERSE 8.390

Section XLVIII - Laws relating to Civic Misdemeanours

 

आश्रमेषु द्विजातीनां कार्ये विवदतां मिथः ।
न विब्रूयान्नृपो धर्मं चिकीर्षन् हितमात्मनः ॥३९०॥

āśrameṣu dvijātīnāṃ kārye vivadatāṃ mithaḥ |
na vibrūyānnṛpo dharmaṃ cikīrṣan hitamātmanaḥ ||390||

 

For twice-born men disputing among themselves regarding any point relating to the orders, the king, desirous of his own welfare, shall not determine the law. — (390)

 

Medhātithi’s commentary (manubhāṣya):

In regard to the ‘duties’ of the various orders of the Hermit dwelling in the forests, several disputes arise as to this and not that being the sense of the scriptures.

When these men happen to dispute among themselves, the king shall not, in a hurry, lay down the law; i.e., he should not, in the exercise of his sovereign power, determine what the law on the point is. What he should do and how is going to be explained later on.

By acting in this manner, the king accomplishes his own welfare; i.e., he does not relinquish the injunctions of the scriptures.

In the case of householders, even though they also belong to an ‘order,’ — yet, the method of laying down the law should be the same as laid down before (and not as declared in the present text, which pertains to the Hermit and the Recluse only).

‘Points’ — i.e., doubtful questions regarding the duties; that this refers to this particular matter of duties is indicated by the mention of the ‘orders.’ — (390)

 

Explanatory notes by Ganganath Jha:

‘Āśrameṣu’ — ‘The hermitages of Vānaprasthas and other hermits living in the forest’ (Medhātithi); — ‘the Householder’s and other life-stages’ (Kullūka).

This verse is quoted in Vyavahāramayūkha (p. 4); — in Vīramitrodaya (Vyavahāra, 10a), which explains ‘āśrameṣu kārye’ as ‘business arising out of the life-stages’; — and in Kṛtyakalpataru (10a), which explains ‘āśrameṣu’ as ‘in the matter of the life-stages’, — and ‘na vibrūyāt,’ as ‘should not apportion victory and defeat.’

 

 

VERSE 8.391

Section XLVIII - Laws relating to Civic Misdemeanours

 

यथार्हमेतानभ्यर्च्य ब्राह्मणैः सह पार्थिवः ।
सान्त्वेन प्रशमय्यादौ स्वधर्मं प्रतिपादयेत् ॥३९१॥

yathārhametānabhyarcya brāhmaṇaiḥ saha pārthivaḥ |
sāntvena praśamayyādau svadharmaṃ pratipādayet ||391||

 

Having, with the assistance of Brāhmaṇas, received them with due honour, the king shall, at first, pacify them with soothing words, and then explain to them their duty. — (391)

 

Medhātithi’s commentary (manubhāṣya):

What the king should do under the circumstances is now explained.

Having received each of the men with such honour as he deserves, by reason of his qualifications, — he should, ‘with the assiatance of Brāhmaṇas’ — his ministers and priests, — this ‘assistance’ being rendered in the reception, or in the explaining of duties. It is only in the latter that the true character of the Brāhmaṇa becomes revealed.

With the assistance of these Brāhmaṇas, he shall explain to them their duty.

The assistance of the Brāhmaṇas having been insisted upon, the declaration that the king shall explain the duties is meant to indicate the predominance of the king, who is to associate the Brāhmaṇas with himself. And this predominance is due to the fact that kings never lose their temper.

The king should explain the duties to them after having at first ‘pacified them’ — i.e., having soothed their temper — ‘with soothing words’ — affectionate and complimentary words. — (391)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (10a), which explains ‘sāntvena praśamayya’ as ‘having allayed all anger and ill-feeling by means of conciliatory words; — and in Vīramitrodaya (Vyavahāra, 10a).

 

 

VERSE 8.392

Section XLVIII - Laws relating to Civic Misdemeanours

 

प्रतिवेश्यानुवेश्यौ च कल्याणे विंशतिद्विजे ।
अर्हावभोजयन् विप्रो दण्डमर्हति माषकम् ॥३९२॥

prativeśyānuveśyau ca kalyāṇe viṃśatidvije |
arhāvabhojayan vipro daṇḍamarhati māṣakam ||392||

 

If, at a festival where twenty twice-born men are invited, a Brāhmaṇa does not entertain his frontal and back neighbours, who are quite worthy, — he deserves to be fined one ‘māṣa.’ — (392)

 

Medhātithi’s commentary (manubhāṣya):

‘Veśa’ is that where people live, a dwelling-house; the house that is in the front of one’s house is ‘prativeśa’; and he who lives in that is the ‘prativeśya,’ ‘frontal neighbour’ If we read ‘prātiveśya,’ we would add the reflexive affix ‘aṇ.’ Similarly ‘anuveśya ‘is one dwelling at the back of one’s house.’

Persons occupying houses on the two sides also are called ‘neighbours’; hence the two terras ‘prativeśya’ and ‘anuveśya’ may be taken as standing for persons occupying houses next, and on both sides, to one’s own house.

If the man does not entertain these two, after having invited them to the ‘festival’ in his house, in the shape of marriage and the like, — ‘at which twenty other twice-born persons are invited,’ — then he should be made to pay a fine of one ‘māṣa.’ That this ‘māṣa’ is to be of gold is indicated by its being distinctly specified in another place.

‘Worthy’; — if the frontal and back neighbours are both worthy, — i.e., neither inimical, nor absolutely unqualified. — (392)

 

Explanatory notes by Ganganath Jha:

‘Prativeśya-anuveśya’ — ‘Neighbour living in front — neighbour living at the back’ (Medhātithi); — ‘the next neighbour and the neighbour next to him’ (Kullūka, Nārāyaṇa and Rāghvānanda).

‘Māṣakam’ — ‘Of gold’ (Medhātithi); — ‘of silver’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 358), which adds the following notes: — ‘Kalyāṇe viṃśatidvije,’ ‘at which twenty Brāhmaṇas are entertained’; — at such a festival if one does not feed his front neighbour and back neighbour, — both of whom are perfectly fit persons for being entertained, — he should be fined one ‘Māṣa’ which should be understood to be of silver, in view of the fact that Manu in the next verse prescribes the golden ‘māṣa’ as the fine for the offence of not feeding the neighbours at a rich entertainment.

 

Comparative notes by various authors:

(verses 8.392-393)

Viṣṇu (5.94-96). — ‘A fine of 25 Kārṣāpaṇas should he inflicted for neglecting to invite at a śrāddha, a Brāhmaṇa neighbour; also for not offering him food after inviting him. He who, after having accepted an invitation, does not eat, shall pay a fine of a gold Māṣaka to the King, and double the quantity of food to the inviter.’

Yājñavalkya (2.263). — ‘If a Brāhmaṇa omits to invite his neighbours, he shall be fined 15 Paṇas.’

Matsyapurāṇa (Aparārka, p. 835). — ‘If a twice-born who is in the habit of accepting gifts, fails to attend an invitation, he should be made to pay a fine of 108.’

 

 

VERSE 8.393

Section XLVIII - Laws relating to Civic Misdemeanours

 

श्रोत्रियः श्रोत्रियं साधुं भूतिकृत्येष्वभोजयन् ।
तदन्नं द्विगुणं दाप्यो हिरण्यं चैव माषकम् ॥३९३॥

śrotriyaḥ śrotriyaṃ sādhuṃ bhūtikṛtyeṣvabhojayan |
tadannaṃ dviguṇaṃ dāpyo hiraṇyaṃ caiva māṣakam ||393||

 

The Vedic scholar who does not entertain a worthy Vedic scholar at such auspicious rites, should be made to pay twice the quantity of that meal, and also a ‘māṣa’ of gold. — (393)

 

Medhātithi’s commentary (manubhāṣya):

This text refers to persons who are not neighbours. The rule here laid down pertains to fellow-students.

The Vedic scholar who does not entertain a duly qualified Vedic scholar at such ‘auspicious rites’ — rites performed by virtue of the possession of wealth; such for instance as the feeding of many men and so forth; or ‘rich’ may be taken as an epithet of the ‘rites’; the meaning in which case would be the rites, such as marriages and the like, which are performed on a lavish scale; where more than twenty men are fed; — if at such times, the Vedic scholar does not feed a fellow-scholar, ho should be made to offer twice the quantity of the food that would be offered at the rich rites; and one ‘māsa’ of gold shall be paid to the king as fine. — (393)

 

Explanatory notes by Ganganath Jha:

‘Śrotriyam’ — ‘Who is not a neighbour’ (Medhātithi); — ‘a neighbour’ (Govindarāja, and Kullūka); — ‘a resident of the same village’ (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 359), which adds the explanation that the quantity of food that he might have eaten should be made to be given to the uninvited man.

 

Comparative notes by various authors:

(verses 8.392-393)

See Comparative notes for Verse 8.392.

 

 

VERSE 8.394

Section XLVIII - Laws relating to Civic Misdemeanours

 

अन्धो जडः पीठसर्पी सप्तत्या स्थविरश्च यः ।
श्रोत्रियेषूपकुर्वंश्च न दाप्याः केन चित् करम् ॥३९४॥

andho jaḍaḥ pīṭhasarpī saptatyā sthaviraśca yaḥ |
śrotriyeṣūpakurvaṃśca na dāpyāḥ kena cit karam ||394||

 

A blind man, an idiot, a cripple, an old man of seventy, and one who attends upon Vedic scholars should not be made to pay any taxes by any one. — (394)

 

Medhātithi’s commentary (manubhāṣya):

‘An old man of seventy’; — the instrumental ending in ‘saptatyā’ is on the analogy of such expressions as ‘prakṛtyā virūpuḥ.’ The man who has passed seventy years of age is so called.

One who ‘attends upon’ — serves, either with personal attendance, or as a craftsman.

These men should not be made to pay any taxes, — snoh as working for the king for one day in the month, as laid down for craftsman under 7. 138; — by a king, even when his treasury has become depleted. This is what is meant by the phrase ‘by any one’ — (394)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 272), which adds the following notes: — ‘Pīṭhasarpī’ is the lame; — ‘śrotriyeṣūpakurvan,’ he who accords to learned Brāhmaṇas grain and monetary assistance.

 

Comparative notes by various authors:

Āpastamba (2.26.16-17). — ‘Blind, deaf and diseased persons, as also those to whom the acquisition of property is forbidden, shall be free from taxes.’

 

 

VERSE 8.395

Section XLVIII - Laws relating to Civic Misdemeanours

 

श्रोत्रियं व्याधितार्तौ च बालवृद्धावकिञ्चनम् ।
महाकुलीनमार्यं च राजा सम्पूजयेत् सदा ॥३९५॥

śrotriyaṃ vyādhitārtau ca bālavṛddhāvakiñcanam |
mahākulīnamāryaṃ ca rājā sampūjayet sadā ||395||

 

The king should always respect the Vedic scholar, the sick and the distressed, the infant and the aged, the indigent, the man of high family and the gentleman. — (395)

 

Medhātithi’s commentary (manubhāṣya):

‘Respecting’ here stands for kindly treatment; verbal roots having several meanings. No other kind of ‘respect’ would be possible in the case of the infant and several others. The ‘Vedic scholar’ has been held here to mean the Brāhmaṇa scholar only.

‘Distressed,’ — by separation from his loved ones or such other causes.

‘Indigent’ — in reduced circumstances.

‘The man of high family’ — one who is born in a family endowed with fame, wealth, learning, bravery and such other qualities.

‘Gentleman’ — one who is honest and upright of nature.

All these should be received with kind treatment, in the shape of gifts and honours.

Some people explain the term ‘indigent’ as qualifying ‘the man of high family’ — (395)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 252), which adds the following notes: — ‘Sampūjayet,’ honour them with presents; this implies that he should not take anything from them.

 

Comparative notes by various authors:

Nārada (18.34-35). — ‘Let a king be constantly intent on showing honour to the Brāhmaṇas; a field furnished \vith Brāhmaṇas is the source of prosperity of the world. A Brāhmaṇa may command respect and a distinguished seat at the King’s court. In the morning, the King shall show his face to, and salute, the Brāhmaṇa first of all.’

 

 

VERSE 8.396

Section XLVIII - Laws relating to Civic Misdemeanours

 

शाल्मलीफलके श्लक्ष्णे नेनिज्यान्नेजकः शनैः ।
न च वासांसि वासोभिर्निर्हरेन्न च वासयेत् ॥३९६॥

śālmalīphalake ślakṣṇe nenijyānnejakaḥ śanaiḥ |
na ca vāsāṃsi vāsobhirnirharenna ca vāsayet ||396||

 

The washerman shall wash (clothes) gently on a smooth board of cotton-tree wood; he shall not carry clothes in other clothes; nor shall he allow them to be worn. — (396)

 

Medhātithi’s commentary (manubhāṣya):

the ‘cotton tree’ is a kind of tree; the board should be made out of this tree; because its wood is naturally soft and ‘smooth,’ so th.it when the clothes are beaten upon it, their component parts do not become torn.

‘Gently’ — so that the clothes being beaten do not become torn.

The injunction regarding the particular wood is not with a view to any transcendental result; hence there would be nothing wrong in using any other wood, if it satisfied the said conditions.

‘Smooth’ — not rough.

‘Clothes’ — belonging to one man, — he shall not ‘carry’ — tie up and carry to the washing place — ‘in other clothes’ — belonging to another person; so that the clothes may not be torn by the tying, in which they undergo a great strain.

‘Nor shall he allow them to be worn’; — he shall not give over, for a consideration, to one man the clothes belonging to another, for wearing. This is what is meant by ‘allowing to wear’; the other man does the wearing, and it is the washerman that allows him to do it.

Since no penalty has been laid down in this connoction, we have to take it as consisting of the ‘māṣa of gold’ which has been laid down before. — (396)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 823), which adds the following notes: — The washerman shall not carry clothes tying them in cloth; — ‘navāsayet,’ nor should he keep them in his house, or he should not allow them to be used by others on receiving cash-hire from them.

It is quoted in Mitākṣarā (2.238), which adds the following explanation: — The washerman shall wash clothes by rinsing them on a plank of cotton-wood, and not on stone; he shall not mix them up, i.e., shall not exchange them among the diverse owners, says Bālambhaṭṭī, — nor shall he keep them in his house; — if he does any of these things, he should be punished.

This verse is quoted in Vivādaratnākara (p. 313), which adds the following notes: — ‘Śālmale,’ made of cotton-wood, — ‘ślakṣṇe,’ soft, — ‘nirṇijyāt,’ should wash, — ‘nejakaḥ,’ washerman, — ‘nacha vāsāṃsi vāsobhirnirharet,’ he should not carry clothes tied up in other clothes, to the washing-place, — ‘na ca vāsayet,’ he should not let the clothes of one person be worn by another. The meaning is that if he does not act up to these rules, he becomes liable to punishment.

It is quoted in Parāśaramādhava (Vyavahāra, p. 311), as laying down rules for washermen.

 

Comparative notes by various authors:

Yājñavalkya (2.238). — ‘If the washerman wears the clothes belonging to others, he should he made to pay 3 Paṇas; and 10 Paṇas, if he sells or lets or pledges or lends them.’

 

 

VERSE 8.397

Section XLVIII - Laws relating to Civic Misdemeanours

 

तन्तुवायो दशपलं दद्यादेकपलाधिकम् ।
अतोऽन्यथा वर्तमानो दाप्यो द्वादशकं दमम् ॥३९७॥

tantuvāyo daśapalaṃ dadyādekapalādhikam |
ato'nyathā vartamāno dāpyo dvādaśakaṃ damam ||397||

 

The weaver shall repay ten ‘palas’ with one ‘pala’ added to it; if he acts otherwise than this, he should be made to pay a fine of twelve. — (397)

 

Medhātithi’s commentary (manubhāṣya):

The ‘weaver’ is one who weaves yarns, and makes clot? (cloth?) for garments, etc.

When he has received ‘ten palas’ of yarn, he should return a piece of cloth weighing one more ‘pala.’ He should make his repayments at this rate of interest. Special considerations may be made in regard to the coarseness or fineness of the texture of the cloth, or to the fact of its being wooly and so forth.

Otherwise there shall be a fine of twelve ‘paṇas.’

This punishment is to be inflicted in the case of non-payment of the interest. In the case of non-payment of the principal, he would have to pay according to the rule laid down by the guild.

Thus in the case of the principal consisting of ‘twenty palas’ of yarn, if the man does not pay the interest, his fine shall he double; and so on, the fine being computed triple, quadruple and so forth.

Others hold that the fine is to be paid to the king. — (397)

 

Explanatory notes by Ganganath Jha:

‘Dvādaśakam’ — ‘Twelve paṇas’ (Kullūka and Medhātithi, who does not say ‘palas,’ as asserted by Buhler); — ‘twelve times the value of the yarn’(Govindarāja); — ‘one-twelth of the value of the yarn’ (Nārāyaṇa).

This verse is quoted in Aparārka, (p. 785), which explains ‘dvādaśakam’ as ‘fine consisting of 12 kārṣāpaṇas’; — and in Vivādaratnākara (p. 311), which adds the following notes: — ‘Tantuvāya,’ the weaver of cloth, having received 10 palas of yarn, shall, after weaving it, give to the owner cloth weighing 11 palas; otherwise acting, — i.e., having received 10 palas of yam, if he gives cloth weighing only 10 palas, — he should pay a fine. It adds that this rule refers to coarse yams.

 

Comparative notes by various authors:

Yājñavalkya (2.179-180). — ‘In the matter of woolen and cotton yarns, of the ordinary counts, the increase is 10 Palas per 100 Palas; it is 5 Palas per 100, when the yarns are of the middling count; and 3 Palas per cent, in the case of very fine yarns. In the case of clothes that are embroidered, or worked with wool, the loss in weight is the thirtieth part; in the case of garments of silk or of bark, there is neither increase nor decrease.’

Nārada (Aparārka, p. 784, and Vivādaratnākara, p. 312). — ‘In the case of cotton and woolen cloth, there is an increase of 10 Palas per cent .; this in the case of thick yarns; in the case of yarns of middle counts it is 5 Palas per cent; and in that of fine yarns, it is only 3 Palas per cent. In the case of cloth that is embroidered or wool-worked, there is a decrease by the thirtieth part. In the case of cloth of silk or of bark, there is neither decrease nor increase.’

 

 

VERSE 8.398

Section XLVIII - Laws relating to Civic Misdemeanours

 

शुल्कस्थानेषु कुशलाः सर्वपण्यविचक्षणाः ।
कुर्युरर्घं यथापण्यं ततो विंशं नृपो हरेत् ॥३९८॥

śulkasthāneṣu kuśalāḥ sarvapaṇyavicakṣaṇāḥ |
kuryurarghaṃ yathāpaṇyaṃ tato viṃśaṃ nṛpo haret ||398||

 

The king shall take one-twentieth of the price of saleable commodities, that may be fixed by men who have experience of custom-houses and are experts in all kinds of merchandise. — (398)

 

Medhātithi’s commentary (manubhāṣya):

‘Custom houses’ are those places where duties and tolls are realised, as fixed by the king and the merchants in accordance with the special conditions of each country. Those who have experience of these are the ‘custom-house officials’; these men cannot be hoodwinked by clever rogues.

Similarly there are men who are ‘experts in all kinds of merchandise,’ i.e., who know all about the demand and supply, the good and bad qualities and such details regarding all commodities.

When things are brought by merchants in boxes from other countries, the said experts fix their prices; and of this price the king shall take the twentieth part.

“What is the use of the valuation? It would be enough to say that the king shall receive the twentieth part of each commodity.”

This would be all right in cases where the king realises his dues in kind. But in the case of such cloth-pieces as are used in the form in which they are sold, the twentieth part could not be taken without tearing each piece. Hence it is that valuation becomes necessary.

In the case of unsaleable commodities, or of articles meant for personal use, there are no duties, hence the text adds the term ‘yathā-paṇyam,’ ‘saleable commodities.’

The valuation has to be done in accordance with several considerations of time, place and other circumstances; for instance, all commodities do not sell at the same price at all times; so that the price of any article cannot be regarded as fixed for all time. — (398)

 

Explanatory notes by Ganganath Jha:

‘Tataḥ’ — ‘Of the amount thus fixed’ (Medhātithi); — ‘out of the profit on that amount’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 304), which remarks that this refers to commodity. imported from other countries; — in Aparārka (p. 833); — in Vīramitrodaya, (Rājanīti, p. 164), which adds that, though from the words it would seem that the twentieth part of the value of the commodity is meant, yet, in fact, it is of the profit over and above the value fixed; for if the king were to take the twentieth part of the value, then the trader would have no profit at all, and his business would be ruined; — and in Vyavahāra-Bālambhaṭṭī, (p. 954.)

 

Comparative notes by various authors:

Yājñavalkya (2.261). — ‘The King shall take as duty the twentieth part of the price fixed for each commodity.’

Gautama (10.26). — ‘In the case of merchandise one-twentieth should be paid as duty.’

Baudhāyana (1.18.14-15). — ‘The duty on goods imported by sea is, after deducting a choice article, ten Paṇas in the hundred. He shall also lay just duties on other marketable goods, according to their intrinsic value, without oppressing the traders.’

Arthaśāstra (I, p. 241). — ‘The trade-commissioner shall keep himself informed of the prices and the demand for commodities got out of the earth and those got out of the water, imported by land and by water; — also of the time for their collection and disposal. Of such commodities as are found in large quantities, he shall fix the price after collecting them in one place. Of commodities produced in his own country, the commissioner shall establish an emporium with a single outlet; of those imported from outside, there shall be an emporium with several outlets; and the sale of those kinds of commodities shall he so arranged as to be most helpful to the people of the country. Even large profits he shall forego if it injures the people...... In the case of commodities sold by measures of capacity, 16 per cent, shall be the duty payable to the King; 20 per cent, in the case of things sold by weight; 11 per cent, in that of things sold by the number. Exports from outside he shall encourage by favourable treatment. To sea-going and land merchants he shall grant concessions and advances and help in other ways.’

Viṣṇu (Vivādaratnākara, p. 304), — ‘In the case of commodities produced in the country itself, the King shall levy a duty in the shape of the tenth part; and in that of those imported from outside, the twentieth part.’

 

 

VERSE 8.399

Section XLVIII - Laws relating to Civic Misdemeanours

 

राज्ञः प्रख्यातभाण्डानि प्रतिषिद्धानि यानि च ।
ताणि निर्हरतो लोभात् सर्वहारं हरेन्नृपः ॥३९९॥

rājñaḥ prakhyātabhāṇḍāni pratiṣiddhāni yāni ca |
tāṇi nirharato lobhāt sarvahāraṃ harennṛpaḥ ||399||

 

Those commodities that have been proclaimed as the ‘king’s monopoly,’ and those that are forbidden, — if any one, through greed, exports these, the king shall confiscate all his property. — (399)

 

Medhātithi’s commentary (manubhāṣya):

Those commodities that have been ‘proclaimed’ to belong to the king’s monopoly, — e.g. elephants in the eastern countries, saffron, silks and woolens in Kaśmir, horses among the western countries, precious stones, pearls, etc., among the southern countries; in fact such articles as are easily obtainable in the dominions of the king concerned, but rare in other countries. Kings come to a mutual understanding among themselves regarding all such commodities.

‘Forbidden’ — i.e., those in regard to which the king has ordered that they should not he exported outside his dominions; e.g. during famines, the exporting of food-grains is prohibited.

‘Through greed,’ — if some one exports for sale such commodities to other countries, the king shall confiscate all his property.

This punishment is meant for one who does the exporting with a view to profiteering, if they are carried for being presented to a foreign king, then the punishment shall be severer in the form of imprisonment and other forms of corporeal punishment. — (399)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 300), which adds the following notes: — Those objects that are specially fit for a king’s use — such as large elephants, and so forth — as also those the export of which is prohibited, such as grains and other things difficult to obtain in the country, and hence not to be sold to foreign countries, — if, through greed, merchants should export such articles to foreign countries, they should have all their property confiscated by the king, i.e., he should take away all that the man may have earned over the commodity.

It is quoted in Aparārka (p. 817); and again on p. 834; — in Vīramitrodaya (Rājanīti, p. 174); — in Vyavahāra-Bālambhaṭṭī (p. 954); — and in Vivādacintāmaṇi, (p. 119), which has the following explanation — ‘Such elephants, horses and other things as are fit for the king only, — and things of which all buying and selling have been prohibited by the king, — if any one sells these in open defiance of the royal command, all that he obtains by this selling should be confiscated by the king.’

 

Comparative notes by various authors:

Viṣṇu (5.130). — ‘He who sells a commodity on which the King has laid an embargo, shall have it confiscated.’

Yājñavalkya (2.261). — ‘If anything is sold of which the sale has been prohibited or which is fit for the King’s own use, shall go to the King.’

Śaṅkha-Likhita (Vivādaratnākara, p. 301). — ‘On selling a forbidden commodity, one shall have his limbs cut off.’

 

 

VERSE 8.400

Section XLVIII - Laws relating to Civic Misdemeanours

 

शुल्कस्थानं परिहरन्नकाले क्रयविक्रयी ।
मिथ्यावादी च सङ्ख्याने दाप्योऽष्टगुणमत्ययम् ॥४००॥

śulkasthānaṃ pariharannakāle krayavikrayī |
mithyāvādī ca saṅkhyāne dāpyo'ṣṭaguṇamatyayam ||400||

 

If one who buts and sells avoids a custom-house, and at the improper time, or makes a wrong statement in counting, — he shall be made to pay a fine eight times the amount evaded. — (400)

 

Medhātithi’s commentary (manubhāṣya):

‘Who buys and sells’ — i.e., the trader.

‘Who avoids the custom-house’ — by taking to unfrequented roads.

‘At the improper time’ — at night, when the custom-officers have gone away.

‘Who makes a wrong statement in counting,’ — when counting the articles, if he mentions a figure larger than the actual one. ‘Counting’ is mentioned only by way of illustration; hence the same rule applies to case of concealment also.

Such a man should be made to pay a fine ‘eight times the amount evaded’; — i.e., eight times the value of the articles that he conceals; or eight times the duty that he tries to evade. The former is more reasonable; as ‘evading’ would be more applicable to the articles.

Others have offered the construction — ‘who buys and sells at the improper time’; — this would he a prohibition of carrying on transactions before the duty has been paid, or in secret. — (400)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 297), which adds the following notes: — ‘Śulka’ is the duty realised by the king on all sales and purchases, — the ‘sthānas’ of this are the customs-outposts established by the king on rivers, in cities, on mountains, and so forth; — when themerchant reaches these out-posts, he should pay the custom; he should never seek to avoid their payment by going by untrodden tracks; — if with a view to avoiding customs-outposts, the merchant should seek to carry on his sale and purchases at the improper time — e.g., at night, — or if he declares his goods falsely, — then he should be made to pay a fine which is eight times the value of the commodity in question.

It is quoted in Vyavahāra-Bālambhaṭṭī, (p. 955).

 

Comparative notes by various authors:

Yājñvalkya (2.262). — ‘A. traitor who makes a false declaration of the measure of his commodity, or who evades the customs outpost, or who buys and sells fraudulently, should be made to pay eight times the value of the merchandise.’

Nārada (Aparārka, p. 834). — (Same as Manu.)

Viṣṇu (Do.). — ‘If a trader tries to evade the payment of duty he shall have his entire goods confiscated.’

Bṛhaspati (Do.). — ‘On arriving at the customs-office the trader shall pay the proper duty, and shall never evade it, as this is meant to be an offering to the King.’

Śaṅkha-Likhita (Vivādaratnākara, p. 298). — ‘The trader who uses false weights and measures incurs the penalty of having his limbs cut off, or some corporal punishment.’

 

 

VERSE 8.401

Section XLVIII - Laws relating to Civic Misdemeanours

 

आगमं निर्गमं स्थानं तथा वृद्धिक्षयावुभौ ।
विचार्य सर्वपण्यानां कारयेत् क्रयविक्रयौ ॥४०१॥

āgamaṃ nirgamaṃ sthānaṃ tathā vṛddhikṣayāvubhau |
vicārya sarvapaṇyānāṃ kārayet krayavikrayau ||401||

 

The king shall regulate the purchase and sale of all marketable commodities after having taken into consideration their source, destination and detention, as also profit and loss. — (401)

 

Medhātithi’s commentary (manubhāṣya):

The vendors in the market should not he allowed to fix their prices at their own will; nor should the king buy things at his own arbitrary price. What should be done then? This is what should he done: — ‘Source’ from where a certain commodity comes, from a near or a remote country; — so also ‘destination and detention’ — whether it is going to be sold immediately, or will have to be kept? When a commodity is sold immediately, even a small profit comes very useful, as the profit can he invested in some other commodity and thus bring in another profit; — while from ‘detention,’ both ‘profit and loss’ are possible — and how much more profit will the detention bring in, and what amount of loss it would involve, — all this should be taken into consideration by the king, who should then regulate the sales and purchases in his realm; and the prices should be fixed in such a manner that there may be no oppression caused to the traders, or to the buyers. — (401)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara, (p. 301), which adds the following notes: — ‘Āgamam,’ the import of foreign commodities from countries either remote and inaccessible, or proximate and easily accessible — ‘nirgamam,’ export of commodities of the country to the said foreign countries; — ‘sthānam,’ the determining of the expenses incurred in the storing of the commodity during the larger or shorter interval between its purchase and sale; — similarily ‘vṛddhikṣayam,’ the profit or loss actually accrued; — ‘vicārya,’ having fully considered all this, — the king shall so regulate buying and selling that there may be no undue profit or loss to the traders.

It is quoted in Aparārka (p. 827); — and in Vyavahāra-Bālambhaṭṭī (p. 942).

 

Comparative notes by various authors:

(verses 8.401-402)

Yājñavalkya (2.251-253). — ‘Sales should be carried on according to the prices fixed by the King day by day; whatever profit accrues from such sale is lawful for the trader. In the case of commodities purchased in the country itself, the merchant shall take a profit of 5 per cent.; and in that of those imported from outside, 10 per cent.; this rule applies to commodities bought and sold quickly. The King shall consider the intrinsic value of the merchandise and the cost incurred in its marketing and then fix a price which shall be favourable alike to the vendor and the vendee.’

Śaṅkha-Likhita (Vivādaratnākara, p. 302). — ‘Fixing of weights and measures, and the fixing of the price of commodities shall be placed in charge of a trustworthy official.’

 

 

VERSE 8.402

Section XLVIII - Laws relating to Civic Misdemeanours

 

पञ्चरात्रे पञ्चरात्रे पक्षे पक्षेऽथ वा गते ।
कुर्वीत चैषां प्रत्यक्षमर्घसंस्थापनं नृपः ॥४०२॥

pañcarātre pañcarātre pakṣe pakṣe'tha vā gate |
kurvīta caiṣāṃ pratyakṣamarghasaṃsthāpanaṃ nṛpaḥ ||402||

 

After the lapse of every five days, or after that of every fortnight, the king shall publicly fix the prices of things. — (402)

 

Medhātithi’s commentary (manubhāṣya):

In as much as the source and destination and other circumstances concerning commodities are variable, there are several rises and falls in their prices. Hence the fixing of the price should be done publicly after every five days; and it should not be regarded as done once for all; nor should entire reliance be placed upon the traders alone; the king himself should be always wide awake.

In connection with articles that take a long time to be disposed of, the prices should be fixed every fortnight, while in other things it should be done after every five Says. — (402)

 

Explanatory notes by Ganganath Jha:

Buhler is not right in saying that ‘Medhātithi omits this and the next four verses’ — (See Translation).

This verse is quoted in Vivādaratnākara (p. 301), where it is remarked that the prices should be settled every fortnight for such commodities as take a long time to dispose of, and every five days for those that are disposed of quickly.

It is quoted in Parāśaramādhava (Vyavahāra, p. 315), which adds the following notes: — In the case of country-produces which are disposed of the same day, he should fix the profit at 5 per cent; and in that of foreign products disposed of the same day, 10 per cent; in the case of commodities which take sometime in being disposed of, the amount of profit is to be fixed in accordance with the time likely to be taken in their disposal; and in the case of commodities imported from foreign countries, the cost of the journey both ways, of the customs and other duties paid, should be totalled up and added to the price paid, and upon this the prices should be so fixed that the trader makes a profit of 10 per cent on the total outlay. In short the king shall so fix the prices that the interests of neither the consumer nor the supplier may suffer.

It is quoted in Aparārka (p. 827); — and in Mitākṣarā (2.251), where Bālambhaṭṭī adds the following notes: — For commodities that cannot keep long, every five days, for those that can keep a little longer, every fortnight, and for those that can keep much longer, every month, — the king should have the prices fixed by trustworthy officers in the presence of himself as also of the expert merchants; — what the repetition (‘pañcarātre pañcarātre’) means is that the prices are to be fixed after five days or ‘after a fortnight’, &c., always throughout the king’s life.

 

Comparative notes by various authors:

(verses 8.401-402)

See Comparative notes for Verse 8.401.

 

 

VERSE 8.403

Section XLVIII - Laws relating to Civic Misdemeanours

 

तुलामानं प्रतीमानं सर्वं च स्यात् सुलक्षितम् ।
षट्सु षट्सु च मासेषु पुनरेव परीक्षयेत् ॥४०३॥

tulāmānaṃ pratīmānaṃ sarvaṃ ca syāt sulakṣitam |
ṣaṭsu ṣaṭsu ca māseṣu punareva parīkṣayet ||403||

 

Scales, weights and measures should be duly marked; and they should be re-examined after every six months. — (403)

 

Medhātithi’s commentary (manubhāṣya):

‘Scales’ — well known.

‘Weights’ — Seer, 2½ seers and so forth.

‘Measures’ — whereby gold and other similar things are weighed.

All this should be duly marked — with the royal sign — on all sides; the king should himself examine them and mark them with his own seal.

After every six months he should have them re-examined by his officers, so that no one might tamper with them. — (403)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 301), which explains ‘pratimānam’ as prices of stone and other materials stamped with a royal mark, which are used for determining the exact weight of gold; — and in Vyavaharā-Bālambhaṭṭī (p. 940).

 

Comparative notes by various authors:

Śaṅkha-Likhita. — (See above, under 402.)

Vaśiṣṭha (19.13). — ‘The measures and weights of objects necessary for the household must be guarded against falsification.’

Śukranīti (1.619). — ‘All measures should be definitely fixed and examined by the King.’

Arthaśāstra (I, p. 256). — ‘The officer in charge of weights and measures shall see to the setting up of instruments for measurement.’

 

 

VERSE 8.404

Section XLVIII - Laws relating to Civic Misdemeanours

 

पणं यानं तरे दाप्यं पौरुषोऽर्धपणं तरे ।
पादं पशुश्च योषित्च पादार्धं रिक्तकः पुमान् ॥४०४॥

paṇaṃ yānaṃ tare dāpyaṃ pauruṣo'rdhapaṇaṃ tare |
pādaṃ paśuśca yoṣitca pādārdhaṃ riktakaḥ pumān ||404||

 

At a ferry-crossing, a cart shall be made to pay one ‘paṇa’; one man’s burden half a ‘paṇa,’ an animal and a woman a quarter ‘paṇa,’ and an unloaded man one half of a quarter. — (404)

 

Medhātithi’s commentary (manubhāṣya):

At a river-crossing, a ‘cart’ — a conveyance, in the form of a chariot and other things, — should pay one ‘paṇa.’ This is the king’s tax to be paid by all carts that come in loaded with commodities and go out again after having delivered these commodities, for bringing in another supply.

‘One man’s burden’ — when one man’s load of commodities is brought in, the duty payable is half-paṇa.

‘Animal’ — bullock, buffalo and the like; — as also a ‘woman’ — should pay a quarter-paṇa.

‘The unloaded man,’ — who is carrying no load, should be made to pay half of the quarter-paṇa. A small toll is levied from the unburdened man, since he can cross the river by himself, and hence the help accorded to him is comparatively small. While a woman, who is unable to cross by herself, is made to pay more.

‘On a ferry-crossing’ — for the purposes of crossing. — (404)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p, 270), which adds the following notes: — This rule applies to the case of unladen carts; — an empty cart, for crossing a ferry, should be made to pay one paṇa; — a man with load, one-half of a paṇa, cattle and women, a quarter paṇa and a man without load the eighth part of a paṇa.

It is quoted in Aparārka (p. 834), which adds the following Explanatory notes: — The Pālki and such conveyances, for crossing a ferry, should be made to pay one paṇa, — a man should pay one-half of a paṇa, — cattle and woman should pay a quarter paṇa, — as also a man, with only his two hands, i.e., without any load.

It is quoted in Vivādaratnākara (p. 640), which adds that ‘yānam’ here stands for the empty chariot, and so forth; — ‘pauruṣaḥ’, load carried by one man, — ‘pādārdham’, the eighth part of a paṇa.

It is quoted in Mitākṣarā (2.263), where Bālambhaṭṭī has the following notes: — An empty cart should pay a paṇa, — a man with a load, one-half of a paṇa, — cattle and woman (with the exception of those specified below in 407) a quarter paṇa; and a man without load, the eighth part of a paṇa. It adds that this refers to river-crossings; the rates for sea-voyages are different.

 

Comparative notes by various authors:

(verses 8.404-406)

Vaśiṣṭha (19.21, Vivādaratnākara, p. 639). — ‘The toll for crossing a river whose width is within an arrow-reach is 8 māṣas; for crossing a river whose width is more than an arrow-reach is a quarter of a Kārṣāpaṇa; and that for crossing a river in which there is scanty water, it is one māṣa; it is to be one and a half times these in the case of women...... If a man swims a river-crossing, he should he made to pay a sum hundred times of the toll.’

 

 

VERSE 8.405

Section XLVIII - Laws relating to Civic Misdemeanours

 

भाण्डपूर्णानि यानानि तार्यं दाप्यानि सारतः ।
रिक्तभाण्डानि यत् किं चित् पुमांसश्चपरिच्छदाः ॥४०५॥

bhāṇḍapūrṇāni yānāni tāryaṃ dāpyāni sārataḥ |
riktabhāṇḍāni yat kiṃ cit pumāṃsaścaparicchadāḥ ||405||

 

Carts laden with commodities should be made to pay the ferry-toll according to their value; those not laden with commodities may pay a triple, as also men without luggage. — (405)

 

Medhātithi’s commentary (manubhāṣya):

‘Commodities’ — goods, such as clothes, grains and so forth; when carts are laden with these, they should be made to pay the ferry-toll, in accordance with their ‘value.’ If they are laden with doth and other things of great value, they should pay heavily; while if they are carrying only grains and other cheap things, they should pay less.

Similarly the toll to be paid may be regulated in accordance with the lesser or greater difficulty involved in crossing a particular river.

Carts not laden with commodities may pay ‘some little trifle’ — i.e., a paṇa.

The term ‘commodity,’ ‘bhāṇḍa,’ here stands for riches.

Those men who are without any luggage shall pay, not half of the quarter-paṇa (as laid in 404), but any little trifle, more or less; and no bard and fast rule can be laid down on this point. Such is the sense of the scriptures. — (405)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.263), where Bālambhaṭṭī has the following notes: — Carts laden with merchandise should be made to pay according to the value of the merchandise they carry; those that are empty as also ‘aparicchadāḥ,’ poor persons, may be made to pay some little amount.

It is quoted in Aparārka (p. 834), which has the following notes: — Carts laden with merchandise should each pay according to the value of the merchandise carried; when they are empty, they may pay a small amount; so also persons without accoutrements.

It is quoted in Vīramitrodaya (Rājanīti, p. 270), which adds the following explanations: — Carts laden with merchandise should be made to pay in accordance with the large or small value of the merchandise carried; empty carts and poor persons may pay some amount smaller than the eighth part of a paṇa. It adds that the rule applies to river- crossings. For voyages by river the rates are different (see next verse).

Comparative notes by various authors:

(verses 8.404-406)

See Comparative notes for Verse 8.404.

 

 

VERSE 8.406

Section XLVIII - Laws relating to Civic Misdemeanours

 

दीर्घाध्वनि यथादेशं यथाकालं तरो भवेत् ।
नदीतीरेषु तद् विद्यात् समुद्रे नास्ति लक्षणम् ॥४०६॥

dīrghādhvani yathādeśaṃ yathākālaṃ taro bhavet |
nadītīreṣu tad vidyāt samudre nāsti lakṣaṇam ||406||

 

For a long passage, the boat-fare should be in propor tion to the time and place; this should be understood to be the rule regarding the banks of rivers; in connection with the sea, there is no fixed rule. — (406)

 

Medhātithi’s commentary (manubhāṣya):

The toll mentioned in the foregoing verses is to be paid for the crossing of rivers; what is now declared relates to the passage by boat from one village to another.

‘For a long passage’ — i.e., in a journey that is measured by miles.

‘In proportion to the place’ — i.e., according to the freight-rates that may have been fixed by the boatmen of the place concerned.

‘In proportion to the time,’ — the fare payable during the rains, or where there is plenty of water, shall he different from that payable in a river where there is very little water; in the latter case there is much time taken in going from one village to another, and it involves more labour on the part of the boatmen, — hence the fare in this case would he heavier.

The term ‘tara,’ which literally means crossing, which is the effect of the fare that is paid, has been used here for this latter. The sense is that the amount of fare payable goes on increasing in proportion to the distance traversed.

‘This should be understood to be the rule regarding the banks of rivers.’

‘In regard to the sea, there is no settled rule’ — regarding fares. Since it cannot be ascertained how many miles the boat has been carried, according to which the distance and the fare could be computed. In the case of rivers and lakes, it can be ascertained whether the distance traversed is one Yojana (8 miles) or two; because the villages serve as the measuring points; so that the fare paid for a journey of two would ho double of that paid for that of one Yojana. In the sea, on the other hand, the boat can be taken with great difficulty, and distances also cannot he measured; it is for this reason that it has been declared that ‘as regards the sea there is no settled rule.’ — (406)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 270), which explains the meaning to be that for voyages by river, the freight, etc. payable is to be determined by considerations of place and time; and in the case of voyages by sea, there is no such hard and fast rule, the freight payable being what is agreed upon in each case.

It is quoted in V yavahāra-Bālambhaṭṭī (p. 263), which has the following notes: — What has been said in the preceding verse applies to river-crossings; in the case of long voyages by river the fares are to be determined by such considerations as whether the river is sluggish or swift, whether the season is summer or the rains; for voyages by sea, no rates can be fixed.

Comparative notes by various authors:

(verses 8.404-406)

See Comparative notes for Verse 8.404.

 

 

VERSE 8.407

Section XLVIII - Laws relating to Civic Misdemeanours

 

गर्भिणी तु द्विमासादिस्तथा प्रव्रजितो मुनिः ।
ब्राह्मणा लिङ्गिनश्चैव न दाप्यास्तारिकं तरे ॥४०७॥

garbhiṇī tu dvimāsādistathā pravrajito muniḥ |
brāhmaṇā liṅginaścaiva na dāpyāstārikaṃ tare ||407||

 

But a woman who is pregnant two months or more, an ascetic, a hermit, and brāhmaṇas in holy orders shall not be made to pay the toll at a ferry-crossing. — (407)

 

Medhātithi’s commentary (manubhāṣya):

If two months have elapsed since the last monthly course, it is a sign that the woman is pregnant, such a woman deserves kindly treatment; hence no ferry-toll is to be realised from her.

‘Ascetic’ — belonging to the fourth order.

‘Hermit’ — living in the forest and performing austerities.

Brāhmaṇas in holy orders’ — the term ‘brāhmaṇa’ has been added as a qualification; hence the rule does not apply to those who only bear the garb of asceticism.

‘Toll’ — fare for crossing, in the form of a ‘paṇa’ and so forth.

This they shall not be made to pay.

Having mentioned ‘toll’ already, the author has added the term ‘at a ferry-crossing’ only in consideration of metrical exigencies. — (407)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 835), which adds that this is an exception to the preceding rules; — aṇd in Vyavahāra-Bālambhaṭṭī (p. 957).

 

Comparative notes by various authors:

Nārada (18.38). — ‘The Brāhmaṇa has the right to cross rivers without paying toll, and to be conveyed to the other side before others. When engaged in trading, if he uses a ferry boat, he shall have to pay no toll.’

Viṣṇu (5.132-133). — ‘A ferry-man, or a toll-official, who takes a fare or toll from a student or an ascetic or a renunciate, or a pregnant woman, or one going on pilgrimage, — shall he fined 10 Paṇas, — and he shall restore the toll to them.’

 

 

VERSE 8.408

Section XLVIII - Laws relating to Civic Misdemeanours

 

यन्नावि किं चिद् दाशानां विशीर्येतापराधतः ।
तद् दाशैरेव दातव्यं समागम्य स्वतोऽंशतः ॥४०८॥

yannāvi kiṃ cid dāśānāṃ viśīryetāparādhataḥ |
tad dāśaireva dātavyaṃ samāgamya svato'ṃśataḥ ||408||

 

If anything on the boat happen to be damaged by the fault of the boatmen, — it shall be made good by the boatmen collectively, each according to his share. — (408)

 

Medhātithi’s commentary (manubhāṣya):

When a commodity placed on the boat happen, in course of the crossing, to be damaged ‘by the fault of the boatmen,’ — i.e., by steering the vessel through pools and eddies, or not anchoring when facing a storm, or by not securely tightening up the boat with chains of iron or leathern thongs, — then they should make it good, — ‘each according to his share,’ — to the owner of the commodity.

‘Collectively’ — i.e., all the boatmen that may be on the boat — (408)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 642), which explains ‘dāśa’ (or as it reads ‘dāsa’) as ‘the fisherman and others engaged for rowing the ferry.’

 

 

VERSE 8.409

Section XLVIII - Laws relating to Civic Misdemeanours

 

एष नौयायिनामुक्तो व्यवहारस्य निर्णयः ।
दाशापराधतस्तोये दैविके नास्ति निग्रहः ॥४०९॥

eṣa nauyāyināmukto vyavahārasya nirṇayaḥ |
dāśāparādhatastoye daivike nāsti nigrahaḥ ||409||

 

This law has been laid down in connection with suits by boat-passengers relating to the negligence of boatmen in water; there is no punishment in the case of accidents due to heaven. — (409)

 

Medhātithi’s commentary (manubhāṣya):

‘Boat-passengers’ — persons habituated to going about a boats.

It is with regard to these that this law has been laid down, that ‘if anything should be damaged by the fault of the boatmen, it shall be made good by them.’

‘In the case of accidents due to heaven’ — i.e., when the boat breaks as the result of an accident due to storm or such causes, and commodities happen to be damaged, — no punishment is to be inflicted upon the boatmen.

This same law applies to the carriers of goods on land also. If the carrier walks along with due care, supporting himself by a staff, and has duly tied up the bundles, if he happens to tumble down on the road which has suddenly been rendered slippery by rain, and the goods he is carrying become damaged in consequence, — whose fault could it be held to be? — (409)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 641).

 

 

VERSE 8.410

Section XLVIII - Laws relating to Civic Misdemeanours

 

वाणिज्यं कारयेद् वैश्यं कुसीदं कृषिमेव च ।
पशूनां रक्षणं चैव दास्यं शूद्रं द्विजन्मनाम् ॥४१०॥

vāṇijyaṃ kārayed vaiśyaṃ kusīdaṃ kṛṣimeva ca |
paśūnāṃ rakṣaṇaṃ caiva dāsyaṃ śūdraṃ dvijanmanām ||410||

 

He shall make the Vaiśya to carry on trade, money-lending, agriculture, — and cattle-trading; and the Śūdra to perform service for the twice-born castes. — (410)

 

Medhātithi’s commentary (manubhāṣya):

Some people explain this text as follows: — “The Vaiśya and Śūdra should he made to do the work here mentioned, even though they be unwilling to do so; since such is their duty. Even though the law is laid down for a visible purpose, yet from the very nature of the restrictive injunction, it has to be regarded as indicating a transcendental result also. Such being the sense of the text, it comes to this that the Brāhmaṇa also should he forced to accept gifts. If it be held that such acceptance has heen held, in certain cases, to be improper, then the same may be said regarding the case in question also.”

This however is not right. What the injunction contained in the verse does is to lay down the methods to be adopted by certain men if they are desirous of acquiring wealth; and it does not mean that they must act as here laid down. man’s activity is not always determined by injunctions; i.e., there is no need for an injunction in a case where there is some motive already present. It is only in the restriction that lies the use of the injunction; and the restriction in the present case is that it is the Vaiśya only who should be made to carry on trade; so that if any other man do that work, except in times of distress, he should be punished by the king. Similarly it is the Brāhmaṇa only who should accept gifts; but if he happens to be contented, he may desist from receiving gifts, though quite capable of receiving them. As regards the statement in verse 412 below, that is purely declamatory. Similarly it is the Śūdra only who should be made to perform service; and so on, the sense of the restriction may easily he explained — (410)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 625).

 

Comparative notes by various authors:

(verses 8.410-418)

Nārada (18.4-6). — ‘Sinful confusion of castes, the rules regarding their means of subsistence and other subjects have been dealt with in the Miscellaneous Chapter. The King shall he careful to protect all orders and the constituent elements of his state with the four means indicated by science. When any caste remains behind the rest, or exceeds the limits assigned to it, the King, seeing that it has strayed from its path, shall bring it back to the path of duty.’

Gautama (8.1-3). — ‘A king and a deeply read Brāhmaṇa are the upholders of moral order in the world; on them

depends the existence of the fourfold human race, of conscious beings, of those that move on feet and on wings, and of those which creep — as well as the protection of the offspring, the prevention of the confusion of castes and the sacred law.’

Vaśiṣṭha (1.39-41). — ‘The three lower castes shall live under the guidance of the Brāhmaṇa; — he shall declare their duties; — and the King shall govern them accordingly.’

Hārīta (Vivādaratnākara, p. 626). — ‘The King is the ruler of men, in regard to favours and punishments; he keeps in check people prone to transgress the bounds of propriety and to misappropriate the property and wives of others.’

Kātyāyana (Do., 152). — ‘The three lower castes may take to slavery, but never the Brāhmaṇa. Among the various castes, the lower can be a slave to the higher, but never the higher to the lower. Among, Kṣatriyas, Vaiśyas and Śūdras there may be slavery among members of the same caste, but a Brāhmaṇa should never be made to work as a slave. If a Brāhmaṇa is made to work as a slave, the King’s glory fades away.’

Nārada (Do., pp. 144-145). — ‘These first four kinds of slaves are never freed from slavery, except through the masters’ favour. Of slaves, there are fifteen varieties — (1) one born in the masters’ house, (2) bought, (3) obtained as present, (4) inherited, (5) saved from starvation during a famine, (6) one kept in pledge, (7) acquired by freeing him from debt, (8) won in battle, (9) won by betting, (10) one who has surrendered himself, (11) one fallen from renunciation, (12) one who has become a slave for a limited period, (13) slave for fooding, (14) one who has accepted slavery through his love for a slave-girl, and (15) one who has sold himself.’

Arthaśāstra (p. 80). — ‘If one puts up for sale a Śūdra who is a minor or who is the very life of an Ārya, one shall be fined 12 Paṇas; one who puts up a Vaiśya, 24 Paṇas; a Kṣatriya, 36 Paṇas; a Brāhmaṇa, 48 Paṇas. This applies to cases where the boy is put up by his own relatives. If it is done by strangers, the penalty shall be the three kinds of Death; also for the buyers and those who witness the transaction. For the Mlecchas there is no offence, if they sell or pledge their offspring; but an Ārya can never be a slave.’

Śukranīti (4.5.579). — ‘The wife, the son and the slave, — these three have no property; whatever they earn is the property of those to whom they belong.’

 

 

VERSE 8.411

Section XLVIII - Laws relating to Civic Misdemeanours

 

क्षत्रियं चैव वैश्यं च ब्राह्मणो वृत्तिकर्शितौ ।
बिभृयादानृशंस्येन स्वानि कर्माणि कारयेत् ॥४११॥

kṣatriyaṃ caiva vaiśyaṃ ca brāhmaṇo vṛttikarśitau |
bibhṛyādānṛśaṃsyena svāni karmāṇi kārayet ||411||

 

A Brāhmaṇa shall, through compassion, support a Vaiśya and a Kṣatriya, who are distressed for a livelihood, and should make them do his own work. — (411)

 

Medhātithi’s commentary (manubhāṣya):

The Brāhmaṇa shall support them, if they are ‘distressed for a livelihood,’ by giving them food and other things; i.e., he shall support the Kṣatriya and the Vaiśya.

‘Through compassion’ — through pity.

‘Should make them do his own work.’ — The Brāhmaṇa’s ‘own work’ consists in the fetching of fuel, water and such things.

Or, the meaning may be that he should make them perform such duties as are the Kṣatriya’s and the Vaiśya’s own. That is, the Kṣatriya should be employed in guarding the village and so forth, and the Vaiśya in cultivating the land, tending the cattle and so on.

This law relates to the Brāhmaṇa who is possessed of much wealth and property and is, as such, capable of supporting others.

‘Own work;’ — the phrase implies that he should not employ them in personal attendance, or in any such meat, work as the washing of unclean things and the like. — (411)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 253), which explains ‘svāni karmāṇi’ as ‘duties prescribed for their respective castes’; — in Aparārka (p. 789); — and in Vīramitrodaya (Vyavahāra, 126a), which says that the meaning is that ‘if a Kṣatriya or a Vaiśya has become a slave through want of living, his master should treat him well and take light work from him.’

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.412

Section XLVIII - Laws relating to Civic Misdemeanours

 

दास्यं तु कारयन्लोभाद् ब्राह्मणः संस्कृतान् द्विजान् ।
अनिच्छतः प्राभवत्याद् राज्ञा दण्ड्यः शतानि षट् ॥४१२॥

dāsyaṃ tu kārayanlobhād brāhmaṇaḥ saṃskṛtān dvijān |
anicchataḥ prābhavatyād rājñā daṇḍyaḥ śatāni ṣaṭ ||412||

 

If the Brāhmaṇa, through the sense of mastery, and out of greed, makes sanctified twice-born persons do fertile work, against their will, — he should be fined by the king six hundred. — (412)

 

Medhātithi’s commentary (manubhāṣya):

‘Sanctified’ — those for whom the initiatory rite has been performed. Though this is already implied by the term ‘twice-born’ itself, yet the additional qualification has been added in order to guard against this latter word being taken in the sense of all the three castes promiscuously. The sense of the text is that if a Brāhmaṇa makes fellow caste-men perform such ‘servile work’ as the washing of feet, the removing of offal, sweeping and so forth, — ‘against their will’; — because he is their master, — i.e., possessed of the rights of the master over them, — ‘he should be fined six hundred,’ — if he does it ‘through greed.’ If he does it through hatred and such other motives, the fine shall be heavier.

The form ‘prābhavatya’ is an abstract noun formed from the present participial term ‘prabhavan.’ And since the text speaks of ‘mastery,’ which implies the idea of master and servant, there would be nothing wrong in the preceptor’s menial work being done by the pupil.

‘Against their will’ — this shows that if they are willing, the fine shall be very small. — (412)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 153), which has the following notes: — ‘Prabhāvatvāt’ (which is its reading for ‘Prābhavatyāt’), on account of being powerful, — ‘saṃskṛtān,’ endowed with character and learning if a Brāhmaṇa employs such twice-born men in work unsuitable for them he should be fined 600 by the king.

It is quoted in Aparārka (p. 789), which explains ‘prābhavatya,’ as ‘prabhavato bhāvaḥ,’ being powerful; — 600 paṇas are meant; — and in Vīramitrodaya (Vyavahāra, 126a), which explains ‘prābhavatyāt’ as ‘prabhutvāt’, and adds that the mention of ‘dvijāti’ makes it clear that the penalty here prescribed does not refer to the case of Śūdra -slaves.

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.413

Section XLVIII - Laws relating to Civic Misdemeanours

 

शूद्रं तु कारयेद् दास्यं क्रीतमक्रीतमेव वा ।
दास्यायैव हि सृष्टोऽसौ ब्राह्मणस्य स्वयम्भुवा ॥४१३॥

śūdraṃ tu kārayed dāsyaṃ krītamakrītameva vā |
dāsyāyaiva hi sṛṣṭo'sau brāhmaṇasya svayambhuvā ||413||

 

But a Śūdra, whether bought or unbought, he shall make to do servile work; since it is for doing servile work for the Brāhmaṇa that he has been created by the self-born one. — (413)

 

Medhātithi’s commentary (manubhāṣya):

‘Bought or unbought’ — i.e., engaged on fooding.

This is a reference to the law going to be laid down below (under 415).

‘It is for doing servile work, etc.’ — this is purely declamatory. — (413)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 154), which explains the meaning to be that a Śūdra may be made to do even the meanest service.

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.414

Section XLVIII - Laws relating to Civic Misdemeanours

 

न स्वामिना निसृष्टोऽपि शूद्रो दास्याद् विमुच्यते ।
निसर्गजं हि तत् तस्य कस्तस्मात् तदपोहति ॥४१४॥

na svāminā nisṛṣṭo'pi śūdro dāsyād vimucyate |
nisargajaṃ hi tat tasya kastasmāt tadapohati ||414||

 

Even though set free by the master, the Śūdra is not released from service; since that is innate in him, and who can release him from it? — (414)

 

Medhātithi’s commentary (manubhāṣya):

Even though ‘set free’ by the master to whom he belongs, by the seven modes of slavery, — i.e., even though emancipated by him.

Service is ‘innate in him,’ — is in the very nature of his caste.

Who can therefore release the Śūdra from servitude? Just as the Śūdra-caste cannot be removed from him, so also servitude.

This is purely declamatory; since it is going to be declared later on that under special circumstances, the Śūdra does become released from servitude. — (414)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 146), which adds the following: — Even through the favour of the owner of the Śūdra-slave, there is no freedom for the latter from the lowest service or slavery.

It is quoted in Aparārka (p. 786); — and in Kṛtyakalpataru (97a), which explains the meaning as that howsoever favourably inclined he may be towards either the borne Śūdra or to the bought slave, cannot absolve him from servitude.

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.415

Section XLVIII - Laws relating to Civic Misdemeanours

 

ध्वजाहृतो भक्तदासो गृहजः क्रीतदत्त्रिमौ ।
पैत्रिको दण्डदासश्च सप्तैते दासयोनयः ॥४१५॥

dhvajāhṛto bhaktadāso gṛhajaḥ krītadattrimau |
paitriko daṇḍadāsaśca saptaite dāsayonayaḥ ||415||

 

There are seven kinds of slaves — (1) captured under a banner, (2) slave on food, (3) born in the house, (4) bought, (5) presented, (6) hereditary, and (7) slave by punishment. — (415)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘Dhvajā’ ‘banner’ stands for the chariot;

hence ‘Dhvajinī’ means the army; ho who is captured ‘under the banner’ is the captive of war, who is made a slave.

“What is stated here, — does it refer to the Kṣatriya, — the meaning being that the Kṣatriya made captive in war becomes a slave?”

Not so, we reply; since it is the Śūdra that forms the subject-matter of the context; as is clear from the preceding statement — ‘it is for the purpose of servitude that he has been created.’ What the text refers to is the case where the owner of the slave having been defeated in battle, the slave is brought over and enslaved by the captor.

“as a matter of fact, servitude has been declared to be for all Śūdras — when for instance it was asserted that servitude is ‘innate in him.’”

It is not so; for in that case there would be a great confusion; as it would not be ascertained to whom a certain slave belongs; since all the three higher castes would be their masters, to be served by them. Hence there would be no restriction. Then again, all that has been asserted before (regarding servitude being ‘innate’ in the Śūdra and all that) is not of the nature of an injunction. Further, there is the declaration that ‘among the castes each of the following shall serve the preceding’ (Gautama, 10.66), — by which the Kṣatriya and the Vaiṣhya also would have to be regarded as slaves.

All this however is not right. ‘Serving’ is one thing and ‘slavery’ is another. Slavery consists in doing servile work, and in not objecting to going anywhere he may be sent to; while ‘service’ may consist in shampooing the body, guarding the family or property and so forth. All this has been dealt with in detail by Nārada.

‘Slave on food’ — he who has accepted slavery for obtaining food.

‘Born in the house’ — i.e., born of a slave-girl.

‘Bought’ — from the former master, for a price.

‘Presented’ — given to one, either through love, or for the purpose of acquiring spiritual merit.

‘Hereditary’ — who has belonged to the family through a line of ancestors.

“What is the difference between this last and the slave born in the house?”

The latter is one born of a slave-girl that may have been acquired by the master himself, while the other is hereditary.

‘Enslaved for punishment’ — one who, being incapable of paying the king’s fines, is made a slave.

In fact, according to some people, such slaves are possible for the other castes also, in view of what has been said regarding the propriety of repaying a debt even by manual labour.

But this is not right; as ‘slavery’ is one thing and ‘doing manual work’ is something totally different. Nor is the case cited a case of ‘punishment,’ whereby it could be included under the present head. Then again, when it is said that debts may be repaid ‘by manual work also,’ it does not necessarily mean ‘slavery,’ though this also may be one kind of ‘work.’

“When the Śūdra works as a slave entirely through considerations of his duty, why should there be only seven kinds of slaves?”

There is no force in this objection. Because in his case ‘slavery’ is not innate in him; it is purely voluntary wish him; he having recourse to it only with a view to acquiring merit. And further, such a slave cannot be given away or pledged; — as the bought and house-born slaves can. In fact the Śūdra in question is guided by what has been declared (under 10.128) regarding the Śūdra ‘imitating the behaviour of the virtuous, etc., etc.’; and by this it is clearly implied that slavery is not inherent in him; he takes to it only with a view to a definite result. Hence there is real ‘slavery’ only when it is involuntary. So that if a Śūdra has property of his own and lives upon it, not supporting himself by depending upon the Brāhmaṇa and others, he does nothing wrong. — (415)

 

Explanatory notes by Ganganath Jha:

Cf. 8.49, 177 and 9.229.

‘Dhvajāhṛtaḥ’ — ‘Captured in war’ (Medhātithi); — ‘who has become a slave by marrying a slave-girl’ (Nārāyaṇa).

‘Daṇḍadāsaḥ’ — ‘Enslaved for debt’ (Medhātithi); — ‘enslaved for having abandoned a religious order’. (Nārāyaṇa and Nandana).

This verse is quoted in Aparārka (p. 789), which explains ‘daṇḍadāsa’ as ‘one who has been enslaved in payment of fine imposed,’ and adds that the list here given is not meant to be exhaustive.

It is quoted in Mitākṣarā (2.181), which remarks that the list is not exhaustive; and Bālambhaṭṭī explains ‘dhvajadāsa’ as ‘a captive of war,’ — ‘daṇḍadāsa’ as ‘one who has abandoned a religious order and has not performed the consequent expiatory rite, and has thereupon, by way of punishment, been made by the king a life-long slave.

It is quoted in Parāśaramādhava (Vyavahāra, p. 240), which also notes that the list is not exhaustive.

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.416

Section XLVIII - Laws relating to Civic Misdemeanours

 

भार्या पुत्रश्च दासश्च त्रय एवाधनाः स्मृताः ।
यत् ते समधिगच्छन्ति यस्य ते तस्य तद् धनम् ॥४१६॥

bhāryā putraśca dāsaśca traya evādhanāḥ smṛtāḥ |
yat te samadhigacchanti yasya te tasya tad dhanam ||416||

 

The wive, the son and the slave, — these three are declared to have no property; whatever they acquire is the property of him to whom they belong. — (416)

 

Medhātithi’s commentary (manubhāṣya):

These three are without property, even though they may acquire property. Property can belong to one who has possession; while whatever property the said persons acquire is in the possession of him to whom they themselves belong; so that the property of the wife belongs to the husband, that of the son to the father and that of the slave to the master.

“If these persons have no property, how can they be entitled to the performance of any rites? So that it would not be right to assert that — ‘if two sons should have kindled the consecrated fire, they should offer the oblations to those for whom the father offers them.’ Then again, it is necessary for the husband and wife to perform religious rites jointly, the husband being exhorted not to ignore the wife in matters relating to religious acts, pleasure and wealth? If however the wife has no property, what would be her ignoring in regard to wealth? Further, the Śūdra also has got to make certain offerings of cooked food; and this also would be incompatible with the fact of his having no property. There would be no such incompatibility if the injunction regarding these offerings were taken as referring to such Śūdras as are free (and hence possess property). But as a matter of fact, slaves also have proprietary rights over their property, whioh is, on that account, called their own property. For these reasons it is wrong to say that ‘what they acquire is the property of him to whom they belong.’ This is exactly like the assertion ‘she whose son I am is not my mother.’ Further, if women had no proprietary right, there would be no sense in such śruti-declarations as — ‘the wife should obey,’ ‘the wife should follow in the footsteps of her marrier’ and so forth.”

Our answer to the above is, as follows: — What is meant by the text is only that they are dependent, subservient; the meaning being that ‘without the husband’s sanction, the wife should not employ her wealth anywhere she may choose.’ Similarly with the son and the slave.

Others however hold that the ‘wife’ and the ‘son’ have been mentioned only by way of illustrating the status of the slave; and the latter is mentioned for the purpose of declaring, in reference to him alone, what follows in the next verse, which means that in times of distress the master should feel no hesitation in taking what belongs to the slave; as in reality it is the master’s own property. — (416)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 572).

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.417

Section XLVIII - Laws relating to Civic Misdemeanours

 

विस्रब्धं ब्राह्मणः शूद्राद् द्रव्योपादानमाचरेत् ।
न हि तस्यास्ति किं चित् स्वं भर्तृहार्यधनो हि सः ॥४१७॥

visrabdhaṃ brāhmaṇaḥ śūdrād dravyopādānamācaret |
na hi tasyāsti kiṃ cit svaṃ bhartṛhāryadhano hi saḥ ||417||

 

The Brāhmaṇa may confidently have recourse to seizing the goods of the Śūdra; as the latter has no property, and his property is meant to be seized by the master. — (417)

 

Medhātithi’s commentary (manubhāṣya):

In this connection some people assert that what is stated hero is in reference to the Śūdra who has volunteered, through religious motives, to be a slave.

This however is not right; as there is nothing to show that it refers to any particular case. Hence what is meant is that the Brāhmaṇa may take the wealth of the Śūdra who is the slave of all.

‘Confidently’ — without hesitation. He should never have any such doubt as to how he can seize the Śūdra’s goods, such seizing being forbidden. Since there is no property that really belongs to the Śūdra. Specially because in such cases the master is not deprived of his possession; since the Śūdra acquires property only for the purpose that his master may make use of it. Hence the Brāhmaṇa should seize the goods ‘confidently.’ Even where it is presented by the Śūdra, he should use it as if it had been in his own house.

It is only when there is actual need that this can be right. Hence it is only when the Brāhmaṇa has no property of his own that he incurs no sin by seizing the goods of his Śūdra-slave. — (417)

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.418

Section XLVIII - Laws relating to Civic Misdemeanours

 

वैश्यशूद्रौ प्रयत्नेन स्वानि कर्माणि कारयेत् ।
तौ हि च्युतौ स्वकर्मभ्यः क्षोभयेतामिदं जगत् ॥४१८॥

vaiśyaśūdrau prayatnena svāni karmāṇi kārayet |
tau hi cyutau svakarmabhyaḥ kṣobhayetāmidaṃ jagat ||418||

 

The king shall make the Vaiśya and the Shudra carefully to perform their duties; for by swerving from their duties they would disturb this world. — (418)

 

Medhātithi’s commentary (manubhāṣya):

By neglecting their own duties they would ‘disturb’ — throw into confusion — ‘this world.’ Hence the king should carefully see to it that they do not swerve from their duties. Even Vaiśyas should be punished, with a heavy fine, even on a slight transgression. Though there is to be no imprisonment for him, yet money-penalties are quite possible. — (418)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 625).

 

Comparative notes by various authors:

(verses 8.410-418)

See Comparative notes for Verse 8.410.

 

 

VERSE 8.419

Section XLVIII - Laws relating to Civic Misdemeanours

 

अहन्यहन्यवेक्षेत कर्मान्तान् वाहनानि च ।
आयव्ययौ च नियतावाकरान् कोशमेव च ॥४१९॥

ahanyahanyavekṣeta karmāntān vāhanāni ca |
āyavyayau ca niyatāvākarān kośameva ca ||419||

 

Day after day he shall look after his business-centres, his conveyances, his income and expenditure regularly, and mines and treasury. — (419)

 

Medhātithi’s commentary (manubhāṣya):

This verse shows the purpose of indicating all the duties of the king.

‘Business-centres’ — agricultural stations, customs-house and so forth.

‘Conveyances’ — elephants and the rest.

‘Income and expenditure’ — so much has come in, and so much has been spent. This should be looked into ‘regularly,’ constantly.

‘Mines’ — places whence gold and other minerals are brought out.

‘Treasure’ — the place where money is deposited. — (419)

 

Explanatory notes by Ganganath Jha:

‘Karmāntān’ — ‘Completion of his undertakings’ (Kullūka); — ‘the works, such as agriculture and the rest’; (Medhātithi, Govindarāja and Nandana); — ‘workshops’ (Nārāyaṇa).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 155).

 

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 154). — ‘Towards the end of the night the King shall listen to an account of his income and expenditure.’

Yājñavalkya (1.325). — ‘After having made arrangements for safety, he shall himself examine his income and expenditure.’

 

 

VERSE 8.420

Section XLVIII - Laws relating to Civic Misdemeanours

 

एवं सर्वानिमान् राजा व्यवहारान् समापयन् ।
व्यपोह्य किल्बिषं सर्वं प्राप्नोति परमां गतिम् ॥४२०॥

evaṃ sarvānimān rājā vyavahārān samāpayan |
vyapohya kilbiṣaṃ sarvaṃ prāpnoti paramāṃ gatim ||420||

 

The king who completes all this business, removes all sin and attains the highest state. — (420)

 

Medhātithi’s commentary (manubhāṣya):

In the aforesaid manner the king who completes all the ‘business’ relating to the Nonpayment of debts and the rest, — i.e., carries them to their end, — removes all kinds of sin, and attains ‘the highest state’ secured by him, in the shape of Heaven and Liberation. — (420)

 

Thus ends the Bhāṣya on Discourse VIII.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 396).

 

***


 

Discourse IX - Duties of the King

(concluded)

 

VERSE 9.1 [Husband and Wife]

Section I - Husband and Wife

 

पुरुषस्य स्त्रियाश्चैव धर्मे वर्त्मनि तिष्ठतोः ।
संयोगे विप्रयोगे च धर्मान् वक्ष्यामि शाश्वतान् ॥१॥

puruṣasya striyāścaiva dharme vartmani tiṣṭhatoḥ |
saṃyoge viprayoge ca dharmān vakṣyāmi śāśvatān ||1||

 

I shall now expound the eternal duties of the man and woman, who keep to the righteous path, during union and separation. — (1)

 

Medhātithi’s commentary (manubhāṣya):

In course of the enunciation of the ‘heads of dispute’, after ‘adultery’ comes ‘the determining of the duties of husband and wife’, it is this therefore that is now going to be set forth.

When the husband is very much harassed by his wife, or the wife is very much persecuted by her husband, the dispute is to be brought up before the king.

It has been laid down that the wife shall attend upon her husband who behaves in the right manner, who is not beset with hate and jealousy and who is well-disposed towards his wife; and the husband has no sort of ‘sovereignty’ over his wife; and the (attending) is to consist in shampooing his feet and rendering such service as behoves a servant

Though the words used in the text are ‘man’ and ‘woman — which only denote the human genus in its two sexes, — yet in the present context they are relative terms, connotative of the husband and wife; specially as in the next verse, the term ‘sva’ (svaiḥ) clearly indicates that the ‘man’ and ‘woman’ bear a distinct relationship to one another.

The present verse contains the author’s declaration as to what he is going to do in the coming discourse.

Of the husband and wife , — ‘during union’ — while they are together, — and ‘during separation’, — when the husband has gone away from home.

‘The righteous path’ — regarding toilet, the care of the body and so forth.

All this ‘I am going to expound’.

The epithet ‘eternal’ is only by way of praise.

‘Who keep to the righteous path — this is purely reiterative of the fact that it is the path laid down in the legal scriptures that is the most righteous. — (1).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 1034).

 

 

VERSE 9.2

Section I - Husband and Wife

 

अस्वतन्त्राः स्त्रियः कार्याः पुरुषैः स्वैर्दिवानिशम् ।
विषयेषु च सज्जन्त्यः संस्थाप्या आत्मनो वशे ॥२॥

asvatantrāḥ striyaḥ kāryāḥ puruṣaiḥ svairdivāniśam |
viṣayeṣu ca sajjantyaḥ saṃsthāpyā ātmano vaśe ||2||

 

During the day and the night women should not be left to themselves by their men. If they become addicted to sensual objects, they should be kept under one’s control. — (2).

 

Medhātithi’s commentary (manubhāṣya):

Women should not be left free to act as they like, in regard to morality, wealth and pleasure. Whenever they desire to employ their wealth in acts of righteousness and the like, they should obtain the permission of their ‘men’, the husband or other male relations, according to her age.

‘Their men’ — Guardians, indicated in the following verse.

‘Sensual objects’ — Singing and the like; they become ‘addicted to’ having recourse to — these, — ‘they should be kept under one’s control,’ — should be cheeked.

Though the phrase ‘not left to themselves’ indicates the propriety of depriving them of independence in regard to all actions, yet the text specifically mentions the ‘sensual objects’ with a view to point out that in regard to latter special care should be taken; so that people may not be led to think that all that is necessary is to prevent the women from associating with other men, and it does not matter if they become addicted to drink and other evils, while keeping confined to their homes.

The particle ‘ca’ indicates that, though what the words directly declare is the duty of the man, yet it also follows that the woman also should not be independent; it is in this manner that the duties of both ‘man and woman’ in relation to one another become expounded, as promised in verse (1), — and not those duties that consist of sacrificial performances and the like. — (2).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.195), which adds the following notes: — As a matter of fact, this appearing of husband and wife before the king as plaintiff and defendant is forbidden, and as such there is no room for this subject under the present head; but what is meant is that if, from other sources, the king should happen to hear of the misbehaviour of the one or the other of the party, he should interfere, and by means of judicious punishment bring them back to the path of righteousness; otherwise he becomes involved in sin. — Bālambhaṭṭī has the following Explanatory notes: — ‘Svaiḥ’, the women’s own brother and other relations, — ‘divāniśam,’ always, — ‘viṣayesu’, even such objects of enjoyment as are not actually forbidden, such as beautiful things, tasty food, and so forth, — ‘sajjantyaḥ’ addicted, — they should be kept under control.

It is quoted in Parāśaramādhava (Vyavahāra, p. 322); in Smṛtisāroddhāra (p. 330), which adds that ‘though a regular law-suit between husband and wife has been prohibited, yet if the king happens to learn from other sources, of quarrels between them, he should intervene and make them keep to the right path,’ — in Kṛtyasārasamuccaya (p. 98) which explains ‘sajjantyaḥ’ as becoming ‘addicted’ — and in Nṛsiṃhaprasāda (Vyavahāra, 31b).

 

Comparative notes by various authors:

[See also Manu, 5.147-148 and the texts under them.]

Gautama (18.1). — ‘A wife is not independent with respect to the sacred Law.’

Baudhāyana (2.3.44). — ‘Women do not possess independence.’

Vaśiṣṭha( 5.1). — ‘A woman is not independent; the males are her masters.’

Viṣṇu (25.12). — ‘Not to act by herself in any matter.’

Yājñavalkya (1.85). — ‘There is no independence for woman at any time.’

Bṛhaspati (24.2). — ‘A woman must be restrained from even slight transgressions by her relations, — by night and by day she must be watched by her mother-in-law and other ladies of the family.

Śukranīti (4.4.11, 23). — ‘Women have no separate right to the employment of the means of realising the three ends of spiritual merit, wealth and pleasure. The wife should be pure in mind, speech and action; she should abide by the instructions of her husband, and follow him like his shadow, and be a friend in all his activities and servant in all his commands.’

 

 

VERSE 9.3

Section I - Husband and Wife

 

पिता रक्षति कौमारे भर्ता रक्षति यौवने ।
रक्षन्ति स्थविरे पुत्रा न स्त्री स्वातन्त्र्यमर्हति ॥३॥

pitā rakṣati kaumāre bhartā rakṣati yauvane |
rakṣanti sthavire putrā na strī svātantryamarhati ||3||

 

The father guards her during virginity, the husband guards her in youth, the sons guard her in old age; the woman is never fit for independence. — (iii).

 

Medhātithi’s commentary (manubhāṣya):

‘Guarding’ here stands for averting of trouble, — ‘trouble’ consisting in suffering caused by the transgression of the right course of conduct, by illegal appropriation of property and so forth; and the ‘averting’ of this consists in warding it off. This should be done by the father and others.

The Present tense in ‘guards’ has the force of the Injunctive; such use being a Vedic idiom; hence the word ‘guards’ should be taken to mean ‘should guard’.

The mention of the three stages of her life separately is only meant to show on whom lies the greater responsibility during a certain period of the woman’s life. In reality all the male relatives are equally responsible for her safety.

‘Virginity’ — stands for the period preceding her being given away in marriage.

Smilarly ‘youth’ stands for the period during which her husband is alive.

Thus the words of the text are only reiterative of the actual state of things; the sense being that the woman shall be guarded by that man under whose tutilage she may he living at the time. It is for this reason that even during her husband’s life-time, the responsibility for the woman’s protection rests upon her father and her son also. This is what has been declared in the laws of Manu; which means that all of them shall guard her at all times; and this has not been stated in so many words, as that would have made the text prolix.

“What is asserted here has been already declared above, under 5. 147.”

Not so; ‘independence’ is one thing and ‘guarding’ is another. 5.147 has declared that woman shall not be ‘independent’, while the present text lays down that she shall be ‘guarded’, as a matter of fact even while the woman is ‘dependent’ upon some one else, she may be open to danger, which has got to be averted.

“But in the present text also it is said that ‘the woman is not fit for independence.”

Our answer to this is that the present text does not lay down that she shall not be independent in regard to anything at all; all that it means is that her mind being not quite under her control, she is not capable of guarding herself, specially as she does not possess the requisite strength. Under discourse V on the other hand, the absence of ‘independence’ laid down is in regard to something totally different (i.e. her property). — (3).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 286); — in Vivādaratnākara (p. 410); — in Vyavahāra-Bālambhaṭṭī (p. 608); — in Nṛsiṃhaprasāda (Saṃskāra 66b); — and in Saṃskāraratnamālā (p. 674).

 

Comparative notes by various authors:

Mahābhārata (13.46.14). — (Same as Manu.)

Baudhāyana (2-3.45). — ‘They quote the following: — “Their father protects them in childhood, their husband protects them in youth, and their sons protect them in old age; a woman is never lit for independence.”’

Vaśiṣṭha (5.3). — ‘They quote the following: — “Their fathers protect them in childhood; their husbands protect them in youth; and their sons protect them in old age; a woman is never fit for independence.”’

Viṣṇu (25.13). — ‘To remain subject, in her infancy to her father, in her youth, to her husband, and in her old age to her sons.’

Yājñavalkya (1.85-86). — ‘The father shall guard her while she is a maiden, her husband, when she has been married, and her son in old age; in the absence of these, her relations; there is no independence for the woman at any time. When deprived of her husband, she shall never live apart from her father, mother, son, brother, father-in-law, mother-in-law, or maternal uncle.’

Smṛtyantara (Aparārka, p. 109). — ‘When there is no one left in the two families (of her father and of her husband), the King becomes the master and supporter of the woman; he shall support her and punish her if she deviates from the path of duty.’

Nārada (Vivādaratnākara, p. 410). — ‘Women, even though born of noble families, become ruined by independence; that is why Prajāpati has ordained that they shall not be independent.’

Nārada (Vivādaratnākara, p. 111). — ‘On the death of her husband, if the widow is without a son, the members of her husband’s family shall be her masters; they shall take it upon themselves to protect and support her. If the husband's family has perished, and not a single member of it is left, her father’s family shall be her master. When there is no one left in either of the two families, the King becomes her lord and protector; it is for him to protect her and punish her if she deviates from the right path.’

 

 

VERSE 9.4

Section I - Husband and Wife

 

कालेऽदाता पिता वाच्यो वाच्यश्चानुपयन् पतिः ।
मृते भर्तरि पुत्रस्तु वाच्यो मातुररक्षिता ॥४॥

kāle'dātā pitā vācyo vācyaścānupayan patiḥ |
mṛte bhartari putrastu vācyo māturarakṣitā ||4||

 

Censurable is the father who gives her not away at the right time; censurable the husband who approaches her not; and censurable the son who, on the death of her husband, does not take care of her — (4).

 

Medhātithi’s commentary (manubhāṣya):

If, at the approach of the right time for giving her away, the father does not give her away, (he becomes censurable).

“What in the right time for the girl to be given away?”

It has been laid down that such time begins from her eighth year and extends to the time.previous to her puberty. We have indications of this in the present work also.

‘Who does not approach her’ — Who does not have intercourse with her. The ‘right time’ for such approach is the period of her ‘course’. — (4).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 412); — and in Vīramitrodaya (Vyavahāra, 158a), which has the following notes: — ‘Kāle’ at the time suitable for giving away the girl: — ‘vācyam’ is to be blamed, — ‘anupayan,’ not approaching.

 

Comparative notes by various authors:

Gautama (18.22). — ‘He who neglects the marriage of girls commits sin.’

Baudhāyana (4.1.12, 17-19). — ‘He who does not give away a marriageable daughter within three years of her puberty doubtlessly contracts a guilt equal to that of killing an embryo. He who does not approach, during three years, a wife who is marriageable, incurs, without doubt, a guilt equal to that of killing an embryo; but if a man does not approach his wife after she has bathed after her temporary uncleanliness, though he dwells near her, — his ancestors lie, during that month, in the menstrual excretions of the wife. They declare that the guilt of the husband who does not approach his wife in due season, — of him who approaches her during her temporary uncleanliness, — and of him who commits an unnatural crime, is equally heinous.’

Vaśiṣṭha (17.69-70). — ‘They quote the following: — “If through the father’s negligence, a maiden is given away after the suitable age has passed, she, who was waiting for a husband, destroys him who gives her away............ Out of fear of the appearance of menses, let the father marry his daughter while she still goes about naked; for if she stays in the house after the age of puberty, sin falls upon the father.”’

Yājñavalkya (1.64). — ‘If one does not give away the girl, he incurs the guilt of killing an embryo, at each of her menstrual periods.’

Kāśyapa (Aparārka, p. 93). — ‘If a girl perceives her menstrual blood while she is still in her father’s house, unmarried, her father becomes the killer of an embryo, and the girl herself a cāṇḍālī. If any Brāhmaṇa, through folly, marries such a girl, he is to be known as the husband of a Vṛṣali, unfit to be invited at a Śrāddha and to dine with Brāhmaṇas.’

Nārada (Do.). — ‘The girl shall not ignore the appearance of her menstrual flow; she shall inform her relations of it; if after this, they do not give her away, they become equal to Brāhmaṇa-killers.’

Saṃvarta (Do.). — ‘Father, mother, and brother, all these three go to hell, if they see a maiden in puberty.’

Bṛhaspati (24.3, Vivādaratnākara, p. 412). — ‘If the father does not give her away in time, — or if the husband does not approach her during her periods, — or if the son does not supply his mother with food, — all these three become legally reprehensible and deserving of punishment.’

 

 

VERSE 9.5

Section I - Husband and Wife

 

सूक्ष्मेभ्योऽपि प्रसङ्गेभ्यः स्त्रियो रक्ष्या विशेषतः ।
द्वयोर्हि कुलयोः शोकमावहेयुररक्षिताः ॥५॥

sūkṣmebhyo'pi prasaṅgebhyaḥ striyo rakṣyā viśeṣataḥ |
dvayorhi kulayoḥ śokamāvaheyurarakṣitāḥ ||5||

 

Women should be specially guarded against even small attachments; for, if not guarded, they would bring grief to both families. — (5).

 

Medhātithi’s commentary (manubhāṣya):

‘Attachment’ — association, with a woman of unknown character, — one who is in the habit of standing at the doorway, looking at gaily dressed young men passing by, and so forth.

The meaning is that they should be guarded against temptations. Even though the acts mentioned above, — i,e. gazing at young men and so forth are not wrong in themselves, nor is the association of women with women wrong in itself.

* * * * * *

Against these they should be ‘guarded’; they should be checked.

‘Specialty’ with particular care.

* * * * * *

Thus the meaning is that the woman should be guarded by all the men of the family, her brother, father, brother-in-law, and the rest.

* * * * * * (5)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 412); — Parāśaramādhava (Vyavahāra, p. 323), which adds the following notes: — ‘If they are not guarded, they bring grief to the families of their husbands and fathers; hence for the sake of both families, special care is to be taken of them’; — in Nṛsiṃhaprasāda (Saṃskāra, 66b); — in Saṃskāraratnamālā (p. 674); — in Kṛtyasārasamuccaya (p. 98); — and in Vīramitrodaya (Vyavahāra 158a).

 

Comparative notes by various authors:

(verses 9.5-7)

Mahābhārata (3.12.68). —

Hārīta (Vivādaratnākara, p. 410). — ‘One must guard one’s wife against sensual contact, as the ruin of the wife involves the ruin of the family; the ruin of the family involves the ruin of the line; the ruin of the line involves the ruin of all offerings to gods and Pitṛs; the ruin of offerings involves the ruin of Dharma; the ruin of Dharma leads to the ruin of the soul; and the ruin of the soul means the loss of all things.’

Paiṭhīnaśi (Do., p. 411). — ‘For these reasons, one must guard one’s wife: lest there he a confusion of castes.’

Bṛhaspati (24-2). — (See under 2.)

 

 

VERSE 9.6

Section I - Husband and Wife

 

इमं हि सर्ववर्णानां पश्यन्तो धर्ममुत्तमम् ।
यतन्ते रक्षितुं भार्यां भर्तारो दुर्बला अपि ॥६॥

imaṃ hi sarvavarṇānāṃ paśyanto dharmamuttamam |
yatante rakṣituṃ bhāryāṃ bhartāro durbalā api ||6||

 

Looking upon this as the highest duty of all castes, even weak husbands strive to guard their wives — (6).

 

Medhātithi’s commentary (manubhāṣya):

This is the highest duty of all the four castes.

‘Looking upon this’ — Knowing it as such.

‘Even weak husbands’ — should ‘strive’, make due effort. The Present tense ending in ‘guards’, has the force of the Injunctive.

* * * * * * (6)

 

Explanatory notes by Ganganath Jha:

The verse is quoted in Vivādaratnākara (p. 411); — in Parāśaramādhava (Vyavahāra, p. 323) Nṛsiṃhaprasāda (Vyavahāra, 32a); — in Kṛtyasārasamuccaya (p. 98); — and in Vīramitrodaya (Vyavahāra, 158a).

 

Comparative notes by various authors:

(verses 9.5-7)

See Comparative notes for Verse 9.5.

 

 

VERSE 9.7

Section I - Husband and Wife

 

स्वां प्रसूतिं चरित्रं च कुलमात्मानमेव च ।
स्वं च धर्मं प्रयत्नेन जायां रक्षन् हि रक्षति ॥७॥

svāṃ prasūtiṃ caritraṃ ca kulamātmānameva ca |
svaṃ ca dharmaṃ prayatnena jāyāṃ rakṣan hi rakṣati ||7||

 

He who carefully protects his wipe preserves his offspring, his character, his family, his own self, and also his religion. — (7).

 

Medhātithi’s commentary (manubhāṣya):

The wife has to be protected, not only because the scriptures prescribe it as a duty; but also because it serves many useful purposes, such as the following.

‘Offspring’ — Progeny, in the shape of sons and daughters. The ‘preservation’ of this means that one’s progeny is kept pure, free from the amalgam of castes. ‘Character’ — cultured habits.

‘Family’ — described above. If a single woman of a family loses her chastity, the ill-fame attaches to the whole family, the idea among the people being that ‘the women of such and such a family are not chaste’.

Or, the meaning may be that the said guarding is necessary in view of the fact that, if the purity of the progeny were not secured, there would be no proper fulfilment of the after-death rites performed in honour of one’s ancestors.

‘His own self’. — It is well known that men are often murdered by their wife’s paramours, or poisoned by their wives.

‘His religion’ — An unchaste woman not being entitled to being associated in the performance of religious rites.

For these reasons, if a man guards his wife, he preserves all these — (7).

 

Explanatory notes by Ganganath Jha:

‘Kulam’ — ‘Ancestors who can obtain offerings only from legitimate descendants’ (Medhātithi, Govindarāja and Kullūka); — ‘relatives, who are dishonoured by ladies of the family misbehaving’ (Medhātithi, alternatively, and Rāghavā nanda); — ‘position of the family’ (Nārāyaṇa); — ‘property’ (Rāghavānanda).

‘Ātmānam’ — ‘Himself,’ ‘as only legitimate children can offer Śrāddhas’ (Govindarāja, Kullūka and Rāghavānanda); — ‘because an adultress and her paramour may attempt his life’ (Medhātithi).

‘Dharmam’ — ‘Tending of the sacred fires, to which the husband of an adultress is not entitled’ (Govindarāja, Kullūka and Rāghavānanda); — ‘the duties of the Householder’ (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 411); — in Parāśaramādhava (Vyavahāra, p. 323); — in Kṛtyasārasamuccaya (p. 987); — and in Nṛsiṃhaprasāda (Vyavahāra, 32a).

 

Comparative notes by various authors:

(verses 9.5-7)

See Comparative notes for Verse 9.5.

 

 

VERSE 9.8

Section I - Husband and Wife

 

पतिर्भार्यां सम्प्रविश्य गर्भो भूत्वैह जायते ।
जायायास्तद् हि जायात्वं यदस्यां जायते पुनः ॥८॥

patirbhāryāṃ sampraviśya garbho bhūtvaiha jāyate |
jāyāyāstad hi jāyātvaṃ yadasyāṃ jāyate punaḥ ||8||

 

The husband, entering the womb of his wife, becomes the embryo and is then born; the wife-hood of the ‘wife’ consists in this that the husband is re-born of her. — (8).

 

Medhātithi’s commentary (manubhāṣya):

This is a purely declamatory passage. As a matter of fact, the husband is never found to enter the womb of his wife; and it is the entrance of the semen, the very essence of his body, into the wife’s womb, which is figuratively called his own ‘entering’. The Mantra also says — ‘You are my own self, called by the name of son’.

The real basis of the denotation of the term ‘wife’, ‘jāyā’, is that the husband is re-born of her.

The application of the name‘jāyā’, ‘wife’ being based upon the fact of the woman giving birth to the child, she comes to be spoken of as the ‘wife’ of her paramour also. — (8).

 

Explanatory notes by Ganganath Jha:

Cf. Aitareya Brāhmaṇa 7.13.6.

This verse is quoted in Vivādaratnākara (p. 417).

 

Comparative notes by various authors:

Yājñavalkya (1.56). — ‘One’s own self is born in one’s wife (as the son).’

 

 

VERSE 9.9

Section I - Husband and Wife

 

यादृशं भजते हि स्त्री सुतं सूते तथाविधम् ।
तस्मात् प्रजाविशुद्ध्यर्थं स्त्रियं रक्षेत् प्रयत्नतः ॥९॥

yādṛśaṃ bhajate hi strī sutaṃ sūte tathāvidham |
tasmāt prajāviśuddhyarthaṃ striyaṃ rakṣet prayatnataḥ ||9||

 

As the man to whom the woman clings, so the offspring that she brings forth; hence for the sake of the purity of the offspring one should carefully guard the woman. — (9).

 

Medhātithi’s commentary (manubhāṣya):

The present text proceeds to explain what has been said in verse 7.

One should not entertain the idea that what is meant is — either (1) that ‘the woman brings forth a child of the same caste as that of the other man to whom she clings’, or (2) that ‘the child born resembles that man in his qualities’; because the child born of a Śūdra is a caṇḍāla’ and so forth. Even in the case of the parties belonging to the same caste, the caste of the child is not the same as that of the father; since it has been declared that ‘the child should be born of a woman of untouched womb’. If again, the child were to resemble the father in qualities, it would mean that the text permits the woman whose husband is poor and of bad character to have recourse to another man possessed of better qualities.

If, on the other hand, the text is taken as purely declamatory, the sense of the assertion, ‘as the man so the child’ comes to be that ‘the child born is not endowed with the qualities of the family’. — (9).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 414); — and in Vīramitrodaya (Vyavahāra, 159a).

 

Comparative notes by various authors:

Yājñavalkya (1.81). — ‘It has been ordained that women should be protected.’

Śaṅkha-Likhita (Vivādaratnākara, p. 414). — ‘The woman brings forth a son partaking of the character of that man on whom she has her affections fixed during her period.’

 

 

VERSE 9.10

Section I - Husband and Wife

 

न कश्चिद् योषितः शक्तः प्रसह्य परिरक्षितुम् ।
एतैरुपाययोगैस्तु शक्यास्ताः परिरक्षितुम् ॥१०॥

na kaścid yoṣitaḥ śaktaḥ prasahya parirakṣitum |
etairupāyayogaistu śakyāstāḥ parirakṣitum ||10||

 

No man can guard women forcibly; they can however be guarded by the employment of these expedients. — (10)

 

Medhātithi’s commentary (manubhāṣya):

This verse serves to eulogise the expedients going to be described.

‘Forcibly’ — by shutting them up by force in a harem or by banishing other men, and so forth — they cannot be guarded.

But they can be guarded by the employment of expedients; — i.e., by employing, making use of, these ‘expedients’, means. — (10)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 416); — in Parāśaramādhava (Vyavahāra, p. 323), which adds the explanation; — ‘Inasmuch as it is not possible to guard them

by force, they should be employed in such work as will not leave them time for thinking of other men; — thus would they be guarded against evil; — in Madanapārijāta (p. 192); — in Nṛsiṃhaprasāda (Vyavahāra, 32a); — and in Vīramitrodaya (Vyavahāra, 158b), which explains ‘prasahya’ as ‘by force, by keeping cooped up’; it adds that what is meant is that even though by forcible detention you can guard her body from misbehaviour, yet that cannot guard against the uṅcleanliness of her mind.

 

 

VERSE 9.11

Section I - Husband and Wife

 

अर्थस्य सङ्ग्रहे चैनां व्यये चैव नियोजयेत् ।
शौचे धर्मेऽन्नपक्त्यां च पारिणाह्यस्य वेक्षणे ॥११॥

arthasya saṅgrahe caināṃ vyaye caiva niyojayet |
śauce dharme'nnapaktyāṃ ca pāriṇāhyasya vekṣaṇe ||11||

 

He shall employ her in the accumulation and disbursement of wealth, as also in cleanliness, in religious acts, in the cooking of food and in taking care of the household furniture. — (11)

 

Medhātithi’s commentary (manubhāṣya):

‘Wealth’ — riches.

‘Accumulation’ — Counting and storing in the house; tying up with ropes eta., and keeping in a safe place, dealing them and so forth.

‘Disbursement’ — Expenditure of the wealth: so much for rice, so much for curry, so much for vegetables, and so forth.

‘Cleanliness’ — Cleaning of utensils and ladles and washing the floor etc., etc.

‘Religious acts’ — rinsing the mouth, offering oblations of water and other things, and the worshipping of deities with flowers and offerings, in the women’s apartments.

‘Cooking of food’ — well known.

‘Taking care of the household furniture’ — Such as stools and couches.

In all this the husband shall employ his wife. — (11)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 416), which explains ‘pāriṇāhyasya’ as ‘ear-rings, bracelets, and so forth’; — in Parāśaramādhava (Vyavahāra, p. 323); — in Smṛtitattva (II, p. 147), which explains ‘pāriṇāyya’ (which is its reading for ‘pāriṇāhya’) as ‘bed-stead and other household furniture’; — and in Madanapārijāta (p. 191).

 

Comparative notes by various authors:

Śukranīti (4.4.12-32). — ‘She should get up before her husband and purify her body, then raise the beddings and clean the house by sweeping and washing...... should then cleanse the vessels used in sacrifices and keep them at the proper places; empty out the vessels and fill them with water; should wash the cooking utensils, cleanse the hearth and place therein fire with fuel; — should scrutinise the vessels to be used and the various articles of food...... She should then dress and cook the food, inform her husband and feed those who have to be fed with the offerings made to gods and Pitṛs; — again in the evening, as in the morning, she should clean the house, cook the food and feed her husband and the servants.’

Bṛhaspati (24.4). — ‘Employing the woman in looking after income and expenditure, in the preparation of food, in looking after household furniture, in purifications and in the care of the fires, is declared to he the best way of guarding her.’

Yajñavalkya (1.83). — ‘Keeping the household articles in order, expert in work, happy, averse to expensive ways, devoted to her husband, she shall how to the feet of her parents-in-law.’

Viṣṇu (25.1 et seq.). — ‘The duties of a woman are to keep household articles in good array, to maintain saving habits, to be careful with her domestic utensils,’

 

 

VERSE 9.12

Section I - Husband and Wife

 

अरक्षिता गृहे रुद्धाः पुरुषैराप्तकारिभिः ।
आत्मानमात्मना यास्तु रक्षेयुस्ताः सुरक्षिताः ॥१२॥

arakṣitā gṛhe ruddhāḥ puruṣairāptakāribhiḥ |
ātmānamātmanā yāstu rakṣeyustāḥ surakṣitāḥ ||12||

 

Women confined in the house under trusted servants are not well guarded; really well guarded are those who guard themselves by themselves. — (12)

 

Medhātithi’s commentary (manubhāṣya):

‘Trusted servants’ — Those who would act in the right manner at the right moment; i.e., persons ever on the alert; and hence considered fit for being employed in the harem, as chamberlains.

Women who are ‘confined’ — not allowed to go about freely — in the house under such men, are not really well-guarded; but those are ‘who guard themselves by themselves.’

And how are they to guard themselves?

Just when they are employed as above.

This verse is meant to be a praise of the method laid down in the preceding verse, and it does not exclude other methods. — (12)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 416), which explains ‘āptakāribhiḥ’ as ‘trustworthy and alert.’

 

 

VERSE 9.13

Section I - Husband and Wife

 

पानं दुर्जनसंसर्गः पत्या च विरहोऽटनम् ।
स्वप्नोऽन्यगेहवासश्च नारीसन्दूषणानि षट् ॥१३॥

pānaṃ durjanasaṃsargaḥ patyā ca viraho'ṭanam |
svapno'nyagehavāsaśca nārīsandūṣaṇāni ṣaṭ ||13||

 

Drinking, associating with wicked people, separation from her husband, rambling, sleeping and residence at other’s house are the six corrupters of women. — (13)

 

Medhātithi’s commentary (manubhāṣya):

‘Rambling’ — in the market place, for purchasing vegetables etc. and also in temples and such places.

‘Residence in other’s houses’ — Living for several days in the houses of relatives.

‘Corrupters of women.’ — These contaminate the minds of women, and they come to lose all fear of their father-in-law and others, as also all regard for public opinion. — (XIII).

 

Explanatory notes by Ganganath Jha:

‘Durjanasaṃsargaḥ’ — ‘Associating with wicked people, e.g., other unfaithful wives’ (Nārāyaṇa); — ‘with adulterers’ (Rāghavānanda).

This verse is quoted in Aparārka (p. 108); — and in Vivādaratnākara (p. 430), which adds that what are mentioned here are only by way of a few illustrations of what leads to the deterioration of a woman’s character.

 

Comparative notes by various authors:

Śukranīti (3.30-5.3). — ‘Living with other men, speaking with them even in public and freedom even for a moment, should not be granted to women, by their husband, father, King, son, father-in-law and other relatives; nor time for anything besides domestic duties.’

Do. (4.4.40-42). — ‘The good wife should give up words that indicate senselessness, lunacy, anger, or envy; also the contemptible vices of meanness, jealousy, excessive attachment to worldly things, vanity and boastfulness, ungodliness, adventurousness and thieving.’

Bṛhaspati (24.5, 7). — ‘Let not a woman reside in another man’s house separated from her father, husband or sons; by giving way to malicious propensities, she is sure to lose her reputation. Drinking wine, roaming about, sleeping during the day, and neglect of daily duties are the faults disgracing a woman.’

Viṣṇu (25.3, 9, 10-12). — ‘To show reverence to her mother-in-law, father-in-law, elders, divinities and to guests; not to decorate herself with ornaments while her husband is absent from home; not to resort to the houses of others; not to stand at the door or at windows; not to act by herself in any matter.’

Śaṅkha (Aparārka, p. 108). — ‘Without permission, she should not go out of the house; nor without an upper garment; she should not walk very fast; nor converse with men, except with traders, renunciates, the aged and physicians; she should not expose her navel; she should wear clothes hanging down to the ankles; should never uncover her breasts; should never laugh without covering her face; should never bear ill-will towards her husband or his relations; should never sit with a prostitute or other such bad women; as one’s character becomes besmirched by associating with bad characters.’

Vyāsa (Do., p. 108). — ‘Sitting at the door, peeping out of the window, improper conversation and laughing go to disgrace women of noble families.’

Hārīta (Vivādaratnākara, p. 432). — ‘She should avoid looking at and conversing with other men and associating with wicked ascetics and others; should never go to the house of strangers, to the public road or road-crossings or lanes, or to the abode of ascetics; should avoid standing on the path to the wells and roaming in the morning and in the evening; she should never think of using the bed, seat, clothes and ornaments belonging to others, until they have been cleansed and repaired, etc., etc., etc.’

 

 

VERSE 9.14

Section I - Husband and Wife

 

नैता रूपं परीक्षन्ते नासां वयसि संस्थितिः ।
सुरूपं वा विरूपं वा पुमानित्येव भुञ्जते ॥१४॥

naitā rūpaṃ parīkṣante nāsāṃ vayasi saṃsthitiḥ |
surūpaṃ vā virūpaṃ vā pumānityeva bhuñjate ||14||

 

They care not for beauty; they have no regard for age; be he handsome or ugly, they enjoy the man simply because he is a male. — (14)

 

Medhātithi’s commentary (manubhāṣya):

The husband should not labour under the vain hope — ‘I am well favoured, handsome and young, how can my wife desire any other man, having me?’; — because women do not take into consideration the fact of a man being ‘handsome’ or ‘brave’; simply because he happens to be a male, they have recourse to him. — (14)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 412); — and in Vīramitrodaya (Vyavahāra, 158b).

 

Comparative notes by various authors:

(verses 9.14-16)

Dakṣa (Vivādaratnākara, p. 413). — ‘Women are like the leech; but while the poor leech draws blood only, the woman draws your riches, your property, your flesh, your virility and your strength. During adolescence, she is in fear of the man, during youth, she demands excessive pleasure, and when her husband becomes old, she does not care a straw for him.’

Rāmāyaṇa (Vivādaratnākara, p. 414). — ‘For women there is no one loved or hated; they betake themselves to all men; just as creepers growing in a thick forest hang themselves on all trees.’

 

 

VERSE 9.15

Section I - Husband and Wife

 

पौंश्चल्याच्चलचित्ताच्च नैस्नेह्याच्च स्वभावतः ।
रक्षिता यत्नतोऽपीह भर्तृष्वेता विकुर्वते ॥१५॥

pauṃścalyāccalacittācca naisnehyācca svabhāvataḥ |
rakṣitā yatnato'pīha bhartṛṣvetā vikurvate ||15||

 

Even though carefully guarded, they injure their husbands, on account of their passion for males, of ficklemindedness and of innate want of tenderness. — (15).

 

Medhātithi’s commentary (manubhāṣya):

‘Passion for males’ — At the sight of any and every man, women lose their firmness of mind and there arises in their minds an extreme desire for meeting him somehow or other, followed by a liquid exudation; this is what is called ‘passion for males.’

‘Fieklemindedness’ — The mind not being steady, even when applied to religious and other acts. It is llnough this that the object of hatred becomes the object of love and persons who have been looked upon as brothers and sons come to be looked upon as lovers.

‘Tenderness’ is love, longing, towards the husband, the son and other relations. Women are without such feelings.

On account of these defects, they ‘injure their husbands’ — become disloyal towards them. — (15)

‘For this reason —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 412); — and in Vīramitrodaya (Vyavahāra, 158b).

 

Comparative notes by various authors:

(verses 9.14-16)

See Comparative notes for Verse 9.14.

 

 

VERSE 9.16

Section I - Husband and Wife

 

एवं स्वभावं ज्ञात्वाऽसां प्रजापतिनिसर्गजम् ।
परमं यत्नमातिष्ठेत् पुरुषो रक्षणं प्रति ॥१६॥

evaṃ svabhāvaṃ jñātvā'sāṃ prajāpatinisargajam |
paramaṃ yatnamātiṣṭhet puruṣo rakṣaṇaṃ prati ||16||

 

Knowing this disposition to be innate in them, from the very creation of the lord, the man should make the highest effort to guard them. — (16)

 

Medhātithi’s commentary (manubhāṣya):

‘Lord’, ‘Prajāpati’, is Hiraṇyagarbha; the disposition was born with them at the time of creation of the world by him.

The rest is clear. — (16)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 413), which adds the following notes: — ‘Prajāpatinisargajam,’ ‘Prajāpati is Brahmā, what comes about, jāyate,’ at the time of creation by him (nisarge) is ‘prajāpati nisargajam’; — in Kṛtyasārasamuccaya (p. 99); — and in Vīramitrodaya (Vyavahāra, 158b).

 

Comparative notes by various authors:

(verses 9.14-16)

See Comparative notes for Verse 9.14.

 

 

VERSE 9.17

Section I - Husband and Wife

 

शय्याऽऽसनमलङ्कारं कामं क्रोधमनार्जवम् ।
द्रोहभावं कुचर्यां च स्त्रीभ्यो मनुरकल्पयत् ॥१७॥

śayyā''sanamalaṅkāraṃ kāmaṃ krodhamanārjavam |
drohabhāvaṃ kucaryāṃ ca strībhyo manurakalpayat ||17||

 

Manu assigned to women sleep, sitting, ornament, lust, anger, dishonesty, malice and bad conduct. — (17)

 

Medhātithi’s commentary (manubhāṣya):

‘Sleeping’ — Proneness to too much sleep.

‘Sitting’ — Indolence, want of energy.

‘Ornament’ — Bodily adornment.

‘Lust’ — Desire for carnal association with men.

‘Anger’ — Hatred.

‘Dishonesty’ — Consisting in hating those who love, loving those who hate, concealing one’s real feelings, immorality.

‘Malice’ — Maliciousness. ‘Drogdhṛ’ is derived from the root ‘druh’ and the affix ‘tṛch’, and it is then compounded with ‘bhāvam’.

‘Bad conduct’ — Association with wicked people.

Such was the nature allotted to women by Manu, at the beginning of creation; the sense is that just as the characters here set forth cannot be eradicated, so bad conduct also cannot be dissociated from women. — (17)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 412); — and in Vīramitrodaya (Vyavahāra, 158b).

 

Comparative notes by various authors:

Mahābhārata (13.40.12-13). — ‘Bed, seat, ornament, food, drink, meanness, harshness of speech, and love, — these Prajāpati gave to women.’

 

 

VERSE 9.18

Section I - Husband and Wife

 

नास्ति स्त्रीणां क्रिया मन्त्रैरिति धर्मे व्यवस्थितिः ।
निरिन्द्रिया ह्यमन्त्राश्च स्त्रीभ्यो अनृतमिति स्थितिः ॥१८॥

nāsti strīṇāṃ kriyā mantrairiti dharme vyavasthitiḥ |
nirindriyā hyamantrāśca strībhyo anṛtamiti sthitiḥ ||18||

 

For women there is no dealing with the sacred texts; such is the rule of law; the fact is that, being destitute of organs and devoid of sacred texts, women are ‘false’ — (18)

 

Medhātithi’s commentary (manubhāṣya):

Some people entertain the following notion; — “Even though woman may misbehave, she may, with the help of Vedic texts, perform some rites in the shape of secret Expiatory Rites and thus become pure; so that there cannot be much harm in her misbehaving”

But this is not true; because ‘for women there is no dealing with sacred texts’; so that there can be no repeating of the texts; which, with the help of her own learning, she might do whenever she transgressed and thereby regain her purity. For this reason also they should be carefully guarded; — this is the injunction to which the statement in the present verse is a declamatory supplement.

Some people have held that the present verse contains the absolute prohibition of the use of sacred texts in connection with all kinds of rites for women; and holding this opinion, they declare that whatever rites may be performed, by whomsoever, for the sake of women, — that is, (a) in rites where women figure as the performers, as in the making of offerings, or (b) in those where they figure as the object to be sanctified, as in the tonsure-ceremony, or (c) in those where they figure as recipients, us in śrāddhas offered to them, — at all these the use of sacred texts being forbidden by the present text, no such texts should be used at the śrāddhas offered to women.

But these people say what is not reasonable; because the present text refers to a totally different matter, and is a purely hortatory supplement. And it still remains to be explained what there is in the text to indicate either injunction or prohibition regarding such rites as the Tonsure and the like. As for the inability of women to recite the expiatory texts, this follows from the fact of their not learning the Vedas.

‘Destitute of Organs’ — ‘Organ’ here stands for strength; — courage, patience, intelligence, energy and so forth are absent in women; that is why they are prone to become over-powered by sinful propensities. Hence it is that they have to be carefully guarded.

‘Women are false’; — on account of the inconstancy of their character and affections, they are deprecated as being ‘false’ — (18)

 

Explanatory notes by Ganganath Jha:

The second half of this verse has been taken as a corruption of the line “nirindriyā adāyādāḥ sthiyo (?) nityamiti sthitiḥ”. Hopkins remarks: — “This is supported by the sūtras; cf. the text and quotations given by Mandlik, Mayūkha, 2.366-367; also Baudhāyana, 2.3.46.”

This verse is quoted in Vivādaratnākara (p. 412), which adds the following notes ‘Nirindriyāḥ,’ devoid of the faculties conducive to steadiness, truthfulness and so forth; — “strīyonṛtam,” women are called ‘untruth’ in the sense of bang addicted to lying, — and in Vīramitrodaya (Vyavahāra, 158b).

 

Comparative notes by various authors:

[See Manu ?.66.]

Mahābhārata (13.40.11-12). — (Same as Manu, but reading ‘Kāścit’ for ‘mantraiḥ,’ and ‘aśāstrāḥ’ for ‘amantrāḥ.’)

Baudhāyana (1.11.7). — ‘Women are considered to have no business with the sacred texts.’

Do. (2.3.56). — ‘The Veda declares that women are considered to be destitute of strength and portion.’

Śukranīti (4.4.9-10). — ‘The woman and the Śūdra shall never recite mantras.’

 

 

VERSE 9.19

Section I - Husband and Wife

 

तथा च श्रुतयो बह्व्यो निगीता निगमेष्वपि ।
स्वालक्षण्यपरीक्षार्थं तासां शृणुत निष्कृतीः ॥१९॥

tathā ca śrutayo bahvyo nigītā nigameṣvapi |
svālakṣaṇyaparīkṣārthaṃ tāsāṃ śṛṇuta niṣkṛtīḥ ||19||

 

So also there are many texts sung in the vedas with a view to indicate the true character of women. from among these listen to those texts that are meant to be expiatory. — (19)

 

Medhātithi’s commentary (manubhāṣya):

The author now puts forward, in support of the assertion that ‘by their nature women are impure in their hearts’, Vedic texts and declamatory passages.

[The author says] — I have declared that ‘women are false’; and this same fact is assorted in the texts of the Vedas also.

The term ‘nigama’ is synonymous with ‘veda’, and is found to be used as such. The term ‘nigama’ is also found to be used as a name for that subsidiary science which explains the meaning of vedic texts, — i.e. in such statements as ‘Nigama Nirukta and Vyākaraṇa are the subsidiary sciences.’ In the Nirukta also in found the expression — ‘These are nigamas’; and the term ‘nigama’ here cannot be taken as standing for anything else but ‘Vedic texts’, as is dear from the examples cited. Thus it is only right that in the present text the term ‘nigama’ should be taken as standing for the Veda.

The texts are spoken of as ‘in the Veda’, which presupposes the relation of constainer and contained, on the understanding that there is some sort of difference between the whole and its parts.

In the Nigama, Veda, there are ‘texts’, sentences, forming part of it, which are ‘sung’ — recited, repeated, read there. In fact no limitation of time (part, present or future) is applicable to the case of the Veda, which is ever present.

‘Nigadāḥ’ is another reading for ‘nigītā’. In this case ‘nigada’ would mean the mantra-texts; and the term ‘śruti’ would mean the Brāhmaṇa texts’, and the meaning would be that ‘this fact that women are false is stated in both Mantra and Brāhmaṇa texts.’

In this latter leading the construction would be — ‘bahvyaḥ santi’, ‘there are many such texts’, — the verb ‘santi’, ‘are’, being added.

From among these texts listen to those that are meant to be ‘expiatory’ of the sin of unchastity.

“Why are the said texts put forth?”

‘For the purpose of indicating the true character of women.’ True character means the permanent feature of their nature, and the texts are meant to expose this.

‘Character’ means disposition; and the disposition meant here is proneness to unchastity. — (19)

 

Explanatory notes by Ganganath Jha:

This verse, is quoted in Vīramitrodaya (Vyavahāra, 158b), which has the following notes: — ‘Śrutayaḥ,’ Vedic texts, — ‘nigameṣu,’ in the Vedas, — ‘listen to those rites that are referred to in the Vedas as expiatory of the misbehaviour of women, — and these will give you an idea of the character of women.’

It is quoted in Vivādaratnākara (p. 412), which adds the following notes: — ‘Śrutayaḥ’, Vedic texts; — ‘nigameṣu,’ in the Vedas; — ‘svālakṣaṇyam,’ characterestic; — ‘tāṣām etc,’ listen to that Vedic text, from among the said texts, which is in the form of an expiation for the sin of unchaste thoughts, this text being indicative of the character of women in general.

 

Comparative notes by various authors:

(verses 9.19-20)

The same Vedic text is referred to and prescribed for reciting — in Śāṅkhāyana-Yama-Gṛhyasūtra (3.13.5), and also in Āpastamba-Śrauta-Sutra (1.9.9).

 

 

VERSE 9.20

Section I - Husband and Wife

 

यन् मे माता प्रलुलुभे विचरन्त्यपतिव्रता ।
तन् मे रेतः पिता वृङ्क्तामित्यस्यैतन्निदर्शनम् ॥२०॥

yan me mātā pralulubhe vicarantyapativratā |
tan me retaḥ pitā vṛṅktāmityasyaitannidarśanam ||20||

 

‘If my mother, unfaithful unto her lord, became enamoured while roaming about, — may my father’s semen remove that from me’; — this is an example of this. — (20)

 

Medhātithi’s commentary (manubhāṣya):

The particle ‘iti’ at the end of the third quarter of the verse indicates that up to that point we have the part of an original Vedic text.

‘If my mother, unfaithful unto her lord’, — she who observes the vow ‘may I never, even in my mind, conceive love for any man other than my husband’ is called ‘faithful unto her lord’; the opposite of that is ‘unfaithful unto her lord’: — ‘roaming about’ — in the houses of other people, — seeing a gaily dressd (dressed?) person — ‘became enamoured’ — conceived a desire for that other man; — ‘that’ — impurity or evil in my birth, ‘may the semen of my fatter remove’; i.e., may that impurity be washed off by that semen. The nominative ending in ‘pitā’ has the force of the genetive. Or the semen itself may be taken in apposition to the ‘father’; which it can be without having its gender altered, just as we have in other phrases: ‘dyaurme pita’, ‘the heaven, my father’ (where ‘dyauḥ’ in the feminine, is in apposition to ‘father’).

Or ‘semen’ may be taken as standing for the mother’s seed; and in that case the meaning would be — ‘may my father purify that seed of my mother’; i.e., may the impurity of the mother’s seed be removed by the force of the father’s seed.

‘This is an example’ — instance — ‘of this’ — i.e., of the proneness of women to unchastity.

All men when reciting sacred texts recite the one here quoted; and the reciting of such a text by all men would be justified only if all women were prone to unchastity; otherwise, if only some were so, the use of the text would not be universal.

The text here quoted has been prescribed as to be recited during the ‘Cāturmāsya’ sacrifice, as also at śrāddhas, during the ‘Padyānumantraṇa’ rite. — (20)

 

Explanatory notes by Ganganath Jha:

“This verse is a slightly altered mantra which occurs in Śāṅkhāyana Gṛhyasūtra’ 3.13.5, and in the Cāturmāsya portion of the Kaṭhaka rescension of the Kṛṣṇa Yajurveda. According to the former, it has to be recited by the ‘son of a paramour.’ But the Kaṭhas prescribe its use by every sacrificer who offers a Cāturmāsya sacrifice.” — Buhler.

‘Retaḥ’ — (a) ‘The semen of the legitimate husband, or (b) the husband himself, or (c) the secretions of the mother herself’ (Medhātithi). [In the case of (c) the word is in the accusative case]; — ‘secretions of the mother on her sexual desires being aroused’ (Kullūka, Govindarāja, Rāghavānanda, Nārāyaṇa and Nandana).

See also Āpastamba, Śrauta-sūtra 1.99 and Viṣṇu Smṛti 73.12.

This verse is quoted in Vivādaratnākara (p. 412), which adds the following notes: — This quotes the Vedic text referred to in the preceding verse; ‘tat,’ is the sin of desiring; aṇother man; the meaning thus is as follows: — “Inasmuch as my mother entertained a longing for another man, the sin due to this — may the ‘seed’ of my father remove; in ‘pita’ the nominative ending has the force of the genitive;” — and in Vīramitrodaya (Vyavahāra, 158b).

 

Comparative notes by various authors:

(verses 9.19-20)

See Comparative notes for Verse 9.19.

 

 

VERSE 9.21

Section I - Husband and Wife

 

ध्यायत्यनिष्टं यत् किं चित् पाणिग्राहस्य चेतसा ।
तस्यैष व्यभिचारस्य निह्नवः सम्यगुच्यते ॥२१॥

dhyāyatyaniṣṭaṃ yat kiṃ cit pāṇigrāhasya cetasā |
tasyaiṣa vyabhicārasya nihnavaḥ samyagucyate ||21||

 

What is said here is the proper expiation for whatever ill she thinks in her mind of her husband. — (21)

 

Medhātithi’s commentary (manubhāṣya):

‘Pāṇigrāha’ is husband; — of him ‘whatever ill’ — disagreeable, in the form contact with other men — ‘she’ — the woman — ‘thinks of;’ — of that mental transgression, the ‘expiation’ — purification — is expressed by the aforesaid text, if used in the right manner at the proper rite.

By the way the author has indicated the use of the particular text. Even though the use of such texts lies in forming part of the ritual, yet what is meant is that when the particular text is laid down as to be recited, it serves the purpose of expiating the sin of transgression. — (21)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 413); — and in Vīramitrodaya (Vyavahāra, 158b).

 

 

VERSE 9.22

Section I - Husband and Wife

 

यादृग्गुणेन भर्त्रा स्त्री संयुज्येत यथाविधि ।
तादृग्गुणा सा भवति समुद्रेणैव निम्नगा ॥२२॥

yādṛgguṇena bhartrā strī saṃyujyeta yathāvidhi |
tādṛgguṇā sā bhavati samudreṇaiva nimnagā ||22||

 

When a woman is united in one form with a man possessed of certain qualities, she becomes herself endowed with similar qualities, — like a river united with the ocean. — (22)

 

Medhātithi’s commentary (manubhāṣya):

If a man wishes to guard his wife, he should guard himself also against evil habits; and it is not the woman that should preserve her chastity. Since if the man has a bad character, his wife also becomes the same; just as the wife of a man possessed of good character becomes good. For instance the river, though herself sweet-watered, becomes saline like the Ocean, when she joins this latter. — (22)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 416).

 

 

VERSE 9.23

Section I - Husband and Wife

 

अक्षमाला वसिष्ठेन संयुक्ताऽधमयोनिजा ।
शारङ्गी मन्दपालेन जगामाभ्यर्हणीयताम् ॥२३॥

akṣamālā vasiṣṭhena saṃyuktā'dhamayonijā |
śāraṅgī mandapālena jagāmābhyarhaṇīyatām ||23||

 

The low-born Akṣamālā united with Vaśiṣṭha, and the doe united with Mandapālū, became worthy of worship. — (23)

 

Medhātithi’s commentary (manubhāṣya):

Even though born of a low caste, Akṣamālā, the wife of Vaśiṣṭha, became, through that union, ‘worthy of worship’.

Similarly the ‘doe’ though an animal, on becoming united with the sage Mandapāla, ‘became worthy of worship.’

Thus it is that even low-born women, belonging to the lower castes, came to be honoured like their husbands; as it has been said that ‘women are honoured by their age’. — (23).

 

Explanatory notes by Ganganath Jha:

“The story of Mandapāla is told in the Mahābhārata 1.8335, adhyāya 229” — Buhler.

This verse is quoted in Vivādaratnākara (p. 416), which reads ‘śārṅgī’, with Medhātithi.

 

 

VERSE 9.24

Section I - Husband and Wife

 

एताश्चान्याश्च लोकेऽस्मिन्नपकृष्टप्रसूतयः ।
उत्कर्षं योषितः प्राप्ताः स्वैः स्वैर्भर्तृगुणैः शुभैः ॥२४॥

etāścānyāśca loke'sminnapakṛṣṭaprasūtayaḥ |
utkarṣaṃ yoṣitaḥ prāptāḥ svaiḥ svairbhartṛguṇaiḥ śubhaiḥ ||24||

 

These as well as other women, of low birth, have attained eminence in the world, through the good qualities of their respective husbands. — (24).

 

Medhātithi’s commentary (manubhāṣya):

‘Low’-inferior-‘birth’ — origin: these who have this are said to be ‘of low birth’.

‘Others’ — Gaṅgā, Kālī, and others.

Though the preceding verse has named only two, yet here we have ‘these,’ ‘etāḥ,’ in the plural, which may be explained as including a third, indicated by the particle ‘ca’. Or, we may read the Dual form ‘ete’ instead of ‘etāḥ’. — (24)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 416).

 

 

VERSE 9.25

Section I - Husband and Wife

 

एषोदिता लोकयात्रा नित्यं स्त्रीपुंसयोः शुभा ।
प्रेत्यैह च सुखोदर्कान् प्रजाधर्मान्निबोधत ॥२५॥

eṣoditā lokayātrā nityaṃ strīpuṃsayoḥ śubhā |
pretyaiha ca sukhodarkān prajādharmānnibodhata ||25||

 

Thus has been declared the common practice, as between husband and wife, which is always happy; now understand the laws relating to children, which are conducive to happiness here as well as after death. — (25)

 

Medhātithi’s commentary (manubhāṣya):

‘Commonpractice’ — ordinary usage; what has been stated here is the ‘common practice’ obtaining in the world; and when it is said that ‘women are to be guarded in such and such a manner, and not otherwise’, or ‘if women are not guarded, the progeny becomes defiled,’ — it is not by way of injunction.

‘Now listen to the laws relating to children’; — i.e., to whom does the child belong? — to the owner of the seed, or to the owner of the field?

‘Udarka’ stands for ‘futurity’; and that whose ‘future is happy’ is called ‘sukhodarka’, conducive to happiness. The praise is that while all things perish in the end, these do not perish. — (25)

 

 

VERSE 9.26 [Duty towards Children]

Section II - Duty towards Children

 

प्रजनार्थं महाभागाः पूजार्हा गृहदीप्तयः ।
स्त्रियः श्रियश्च गेहेषु न विशेषोऽस्ति कश्चन ॥२६॥

prajanārthaṃ mahābhāgāḥ pūjārhā gṛhadīptayaḥ |
striyaḥ śriyaśca geheṣu na viśeṣo'sti kaścana ||26||

 

There is no difference whatever between the goddess of fortune and the women who secure many blessings for the sake of bearing children, who are worthy of worship and who form the glory of their household — (26)

 

Medhātithi’s commentary (manubhāṣya):

Question. — “In what way is the duty towards children conducive to happiness, since children are dependent upon the man himself, and women, being beset with many defects, deserve to be abandoned? And who is there who would be willing to maintain all these in his house?”

It is with a view to set aside such notions that we have the present verse.

In as much as the defects of women are capable of rectification, they are ‘worthy of worship’. When the above-mentioned verses dilated upon the defects of women, it was not with a view to discredit them, or to make people avoid them; it was done with this view that they may be guarded against evil. Simply because there are beggars, people do not give up cooking their food; or because there are deer to graze them, people do not desist from sowing seeds.

‘Bearing children’ — stands for the whole series of acts beginning with conception and ending with fostering and bringing them up: as is going to be said below (27) — ‘Begetting of children and nourishing of those that are born’.

They are like effulgence in their home. It is well-known that there is no comfort at home, in the absence of the wife. Even when there is plenty of wealth, if the wife is absent, the household is not able to attend to the feeding and other needs of friends and relatives that may happen to come in as guests. In fact, they are as powerless as poor men.

For this reason there is no difference between the Goddess of Fortune and women in their homes. — (26)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 416); — in Madanapārijāta (p. 190); — and in Nṛsiṃhaprasāda (Saṃskāra, 66b).

 

Comparative notes by various authors:

(verses 9.26-27)

Mahābhārata (13.40.11). — ‘One who desires his own prosperity should always honour women; O Bhārata, when the woman is loved and also held in restraint, she becomes the Goddess of Prosperity herself.’

 

 

VERSE 9.27

Section II - Duty towards Children

 

उत्पादनमपत्यस्य जातस्य परिपालनम् ।
प्रत्यहं लोकयात्रायाः प्रत्यक्षं स्त्री निबन्धनम् ॥२७॥

utpādanamapatyasya jātasya paripālanam |
pratyahaṃ lokayātrāyāḥ pratyakṣaṃ strī nibandhanam ||27||

 

The begetting of the child, the nourishing of the born, and the ordinary life of the world, — of each of these things the woman is clearly the main-spring. — (27)

 

Medhātithi’s commentary (manubhāṣya):

‘The woman is the mainspring’ — the prime cause of the begetting of children and the rest.

That this is so is quite ‘clear.’

‘Ordinary life of the world,’ — such as offering food to guests that have arrived, welcoming and inviting others, and so forth.

‘Of each of these things’ — the woman is the mainspring. Another reading for ‘pratyartham’ (‘of each of these’) is ‘pratyaham’ (daily)

The term ‘clearly’ implies importance, the sense being that the woman is the prime cause. — (27)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 191); — in Vivādaratnākara (p. 417), which notes that the construction is ‘pratyaham lokayātrāyāḥ nibandhanam strī’, and that both the bringing forth and the rearing of children are her function; — and in Nṛsiṃhaprasāda (Saṃs kāra, 66b).

 

Comparative notes by various authors:

(verses 9.26-27)

See Comparative notes for Verse 9.26.

 

 

VERSE 9.28

Section II - Duty towards Children

 

अपत्यं धर्मकार्याणि शुश्रूषा रतिरुत्तमा ।
दाराऽधीनस्तथा स्वर्गः पितॄणामात्मनश्च ह ॥२८॥

apatyaṃ dharmakāryāṇi śuśrūṣā ratiruttamā |
dārā'dhīnastathā svargaḥ pitṝṇāmātmanaśca ha ||28||

 

Off-spring, religious acts, faithful service, highest happiness, — all this is dependent on the wife; as also the attainment of heaven by oneself as well as by his forefathers. — (28)

 

Medhātithi’s commentary (manubhāṣya):

The sense of this verse has been already pointed out before. — (28)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 417); — in Madanapārijāta (p. 191); — and in Nṛsiṃhaprasāda (Saṃskāra, 66b).

Last Updated: 16 February, 2018

 

 

VERSE 9.29-30

Section II - Duty towards Children

 

पतिं या नाभिचरति मनोवाग्देहसंयता ।
सा भर्तृलोकानाप्नोति सद्भिः साध्वीइति चोच्यते ॥२९॥

व्यभिचारात् तु भर्तुः स्त्री लोके प्राप्नोति निन्द्यताम् ।
सृगालयोनिं चाप्नोति पापरोगैश्च पीड्यते ॥३०॥

patiṃ yā nābhicarati manovāgdehasaṃyatā |
sā bhartṛlokānāpnoti sadbhiḥ sādhvīiti cocyate ||29||

vyabhicārāt tu bhartuḥ strī loke prāpnoti nindyatām |
sṛgālayoniṃ cāpnoti pāparogaiśca pīḍyate ||30||

 

[These are the same as verses 164 and 165 of Discourse V]

She, who does not fail in her duty to her husband, having her thought, speech and body well-controlled, reaches her husband’s regions; and is called ‘good’ by all gentle-men. — (29).

The woman, who, through failure in her duty to her husband, becomes an object of contempt in the world, comes to be born as a jackal and is tormented by foul diseases. — (30).

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.29-30)

These two verses have been already explained under Discourse V. — (29-30)

 

Comparative notes by various authors:

(verse 9.29)

[See above, 5.165.]

(verse 9.30)

[See above, 5.164.]

Vaśiṣṭha (21.14). — ‘Faithful wives who are ever pure and truthful reside after death in the same regions with their husbands; those that are unfaithful are born as jackals.’

 

 

VERSE 9.31 [To whom does the Child belong?]

Section III - To whom does the Child belong?

 

पुत्रं प्रत्युदितं सद्भिः पूर्वजैश्च महर्षिभिः ।
विश्वजन्यमिमं पुण्यमुपन्यासं निबोधत ॥३१॥

putraṃ pratyuditaṃ sadbhiḥ pūrvajaiśca maharṣibhiḥ |
viśvajanyamimaṃ puṇyamupanyāsaṃ nibodhata ||31||

 

Listen to the following disquisition regarding the son, propitious and salutary to the world, set forth by the wise patriarchs and the great sages. — (31)

 

Medhātithi’s commentary (manubhāṣya):

‘Disquisitions’ — the setting forth of a matter for investigation; or a dissertation. — ‘Listen’ to that, — ‘set forth’ — put forward — ‘regarding the son’ — with reference to the son, — ‘by the wise patriarchs and the great sages’

‘Salutary to the world’ — calculated to do good to all men.

‘Propitious’ — beneficial.

The subject of the ‘laws relating to children,’ which was introduced in verse 25 has been interrupted by the few verses dealing with the greatness of women; hence it has been necessary to recall attention to the original subject-matter — ‘listen to the disquisition’. — (31)

 

Comparative notes by various authors:

(verses 9.31-44)

(See also under 48-56.)

Gautama (18.9-14). — ‘The child belongs to one who begets it except when an agreement to the contrary has been made. The child begotten on his wife at a living husband’s request belongs to the husband; but if begotten by a stranger, it belongs to the latter; — or to both; — but if reared by the husband, it belongs to him.’

Āpastamba (2.13.6-7). — ‘A Brāhmaṇa-text says that the son belongs to the begetter. They quote also the following verse from the Veda: — “Having considered myself formerly as a father, I shall not now allow any longer my wives to be approached by other men, since they have declared that a son belongs to the begetter in the world of Yama. The giver of the seed carries off the son after death, in Yama’s world. Therefore they guard their wives, fearing the seed of strangers. Carefully watch over the procreation of your children, lest stranger-seed he sown on your soil. In the next world, the son belongs to the begetter; an imprudent husband makes the begetting of children futile for himself.”’

Vaśiṣṭha (17.6-9). — ‘There is a difference of opinion. Some say the son belongs to the husband of the mother, and others say he belongs to the begetter. With respect to this they quote verses on both sides, like the following: — “If one man’s bull were to beget a hundred calves on another man’s cows, they would belong to the owner of the cows; in vain would the bull have spent his strength.” “Carefully watch the procreation of your offspring, lest strangers sow seed on your soil; in the next world, the son belongs to the begetter; by carelessness, a husband makes his offspring futile for himself.”’

Do. (17.63-64). — ‘They declare that a son begotten on a widow who has not been duly authorised, belongs to the begetter; if she was duly authorised, then the child belongs to both the males connected with the authorisation.’

See Manu 10.72.

Śaṅkha-Likhita (Vivādaratnākara, p. 414). — ‘The origin or soil is the most potent factor; that is why castes become intermixed.’

Do. (p. 581). — ‘The declaration of the Veda is that the child belongs to the owner of the soil; some sages say that the child belongs to the mother; the child is said to belong to two fathers.’

 

 

VERSE 9.32

Section III - To whom does the Child belong?

 

भर्तरि पुत्रं विजानन्ति श्रुतिद्वैधं तु कर्तरि ।
आहुरुत्पादकं के चिदपरे क्षेत्रिणं विदुः ॥३२॥

bhartari putraṃ vijānanti śrutidvaidhaṃ tu kartari |
āhurutpādakaṃ ke cidapare kṣetriṇaṃ viduḥ ||32||

 

They recognise the son to be the husband’s; but in regard to one who is only the progenitor, there is diversity of opinion; some people declare the begetter, while others the owner of the soil (to be the owner of the child). — (32)

 

Medhātithi’s commentary (manubhāṣya):

‘Husband’ — the marrier; the man with whom the woman has gone through the sacrament of marriage; and when a son is born from this husband in that women, ‘they’ — all learned men — ‘recognise’ — accept — the son to be that man’s. There is no difference of opinion on this point; it is an acknowledged principle.

‘There is diversity of opinion however in regard to one who is the progenitor only’; in a case where the man is not one to whom the woman has been married, but only the begetter of the son in a soil belonging to another man.

This diversity of opinion is next pointed out — ‘Some people declare the begetter’ to be the person to whom the child belongs; while others declare ‘the owner of the soil’ to be so; i.e., the person whose wife the woman is, even though he be not the actual begetter.

Having thus propounded the doubt due to the difference of opinion among teachers, the author himself proceeds to justify the doubt. — (32)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.33

Section III - To whom does the Child belong?

 

क्षेत्रभूता स्मृता नारी बीजभूतः स्मृतः पुमान् ।
क्षेत्रबीजसमायोगात् सम्भवः सर्वदेहिनाम् ॥३३॥

kṣetrabhūtā smṛtā nārī bījabhūtaḥ smṛtaḥ pumān |
kṣetrabījasamāyogāt sambhavaḥ sarvadehinām ||33||

 

The woman has been declared to be like the ‘soil,’ and the man has been declared to be like the seed; and the production of all corporeal beings proceeds from the union of the soil and the seed. — (33)

 

Medhātithi’s commentary (manubhāṣya):

‘The woman’ is as if it were ‘the soil’. ‘Soil’ stands for that part of the Earth where corns are grown; and the woman is like that: Just as the seed sown and held in the soil sprouts up, so also the semen deposited in the woman.

‘The man is like the seed’, — Here also the term ‘bhūta’ denotes similitude. The man’s semen is the ‘seed’, and not the man himself; but he is himself so called because the semen is contained in him.

‘From the union’ — contact, the relationship of container and contained — there is ‘the production’ — birth — ‘of all corporeal beings’ — beings endowed with bodies; i.e. of the four kinds of living beings. In the case of sweat-born insects also, the ākāśa is the ‘soil’ and sweat the ‘seed’, and the ‘union’ of these is the relation of container and contained.

For the said reason it is only right that there should be the said doubt; as there can be no ‘production’ when either of the two is absent; the function of both being necessary in the begetting of the child; and since there is nothing to indicate to which one of the two the child belongs, hence the doubt as to whether the child belongs to both or to either one of the two.

In fact, the whole of this subject relating to the relationship of the child and the person to whom the child belongs is one that is amenable to reasoning; as we shall show under the verso where the details are set forth. — (33)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.34

Section III - To whom does the Child belong?

 

विशिष्टं कुत्र चिद् बीजं स्त्रीयोनिस्त्वेव कुत्र चित् ।
उभयं तु समं यत्र सा प्रसूतिः प्रशस्यते ॥३४॥

viśiṣṭaṃ kutra cid bījaṃ strīyonistveva kutra cit |
ubhayaṃ tu samaṃ yatra sā prasūtiḥ praśasyate ||34||

 

In some cases the seed is prominent; but in others it is the female womb; when both are equal, the offspring is highly commended. — (34)

 

Medhātithi’s commentary (manubhāṣya):

The prominence of the seed is seen in the case of Vyāsa, Ṛṣyaṣṛṅga (Ṛṣyaśṛṅga?) and other great sages, (who, though born of low mothers, became high sages); — and that of the female womb in the case of Dhṛtarāṣṭra and other ‘kṣetraja’ sons, who, even though born of Brāhmaṇa fathers, took the caste of their mothers.

‘Where both are equal’ — i.e. belonging to the same caste.

‘The offspring is highly commended;’ — since in this case there is no dispute; this is what has been declared under 32 above, regarding people recognising the son as belonging to the father, — (34)

 

Explanatory notes by Ganganath Jha:

Compare 10.72.

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.35

Section III - To whom does the Child belong?

 

बीजस्य चैव योन्याश्च बीजमुत्कृष्टमुच्यते ।
सर्वभूतप्रसूतिर्हि बीजलक्षणलक्षिता ॥३५॥

bījasya caiva yonyāśca bījamutkṛṣṭamucyate |
sarvabhūtaprasūtirhi bījalakṣaṇalakṣitā ||35||

 

[Prima-facie argument] — “As between the seed and the womb, the seed is declared to be superior; because the production of all things is marked by the characteristics of the seed.” — (35)

 

Medhātithi’s commentary (manubhāṣya):

The doubt having been set forth, the author puts forward the ‘preponderance of the seed’ as the prima facie argument And if the seed is the superior factor, then the child must belong to him whose the seed is. That the seed is the more important is indicated by the fact that in the case of the corn and such other things, though the soil and several other causes operate in their production, yet they take up the characteristics of the seed. So that even though in the case of the child, the transmission of the characteristics of the seed is not. so clearly manifest, yet it has to be accepted as a fact, on the basis of the fact of such transmission being found in the case of corn and other things. Further, it is only when this view that is accepted that the uniformity of all products becomes established. Thus it is that superiority belongs to the seed.

This is what is shown by the text — ‘the production of all things’ is found to be ‘marked by the characteristics of the seed’; — these ‘characteristics of the seed’ consisting in shape, colour, figure and so forth; and by this is the production ‘marked’ distinguished; i.e., it follows them. — (35)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 675).

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.36

Section III - To whom does the Child belong?

 

यादृशं तूप्यते बीजं क्षेत्रे कालोपपादिते ।
तादृग् रोहति तत् तस्मिन् बीजं स्वैर्व्यञ्जितं गुणैः ॥३६॥

yādṛśaṃ tūpyate bījaṃ kṣetre kālopapādite |
tādṛg rohati tat tasmin bījaṃ svairvyañjitaṃ guṇaiḥ ||36||

 

“As is the seed which is sown in the soil prepared in season, so does the seed spring forth, marked by its own qualities.” — (36)

 

Medhātithi’s commentary (manubhāṣya):

This verse is only a detailed version of what has just gone above.

The exact meaning of the term ‘yādṛśam,’ ‘as’, is going to be explained under verse 39 below, where the several kinds of grains are mentioned — ‘paddy, vrīhi’ and so forth.

‘Prepared in season’. — ‘In season’, i.e., during the rains, at the time of sowing; — ‘prepared’ — tilled and levelled and got ready.

‘So does it spring forth’ — is produced.

‘Own qualities’ — of colour, shape, taste, strength and so forth; — ‘marked’ — characterised. — (36)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.37

Section III - To whom does the Child belong?

 

इयं भूमिर्हि भूतानां शाश्वती योनिरुच्यते ।
न च योनिगुणान् कांश्चिद् बीजं पुष्यति पुष्टिषु ॥३७॥

iyaṃ bhūmirhi bhūtānāṃ śāśvatī yonirucyate |
na ca yoniguṇān kāṃścid bījaṃ puṣyati puṣṭiṣu ||37||

 

“This earth is called the primeval womb of things; and yet, in its development, the seed does not develop any qualities of the womb.” — (37)

 

Medhātithi’s commentary (manubhāṣya):

The foregoing verse has described the fact that the qualities of the seed are reproduced in the product; the present verse is going to show that the qualities of the soil are not so reproduced.

‘This earth is called the womb’ — soil of production — ‘of things’ — i.e., herb, vegetables, thickets, creepers and other immovable things; and yet none of the qualities of the earth are found in these things, neither clay nor dust bring found in them.

‘The seed does not develop in its development’. — The term ‘seed’ here stands for the corn growing out of the sprouts, and not for the loots. The corn, left over after consumption, when sown, again becomes the seed; and this does not ‘develop’ — reproduce; — the reproduction of qualities being a part of the ‘development,’ we have the present tense in ‘develops,’ — acquires, obtains — ‘the qualities of the womb’ — in its constituent parts, if the verb ‘develops’ itself had stood for the reproduction that forms part of the development, then the term ‘in its development’ would be superfluous. Hence, according to the principle that verbal roots have several meanings, the verb ‘develops’ has to be taken as denoting something else. Or, the term ‘in its development’ may be taken as only serving the purpose of filling up the metre; and the superfluity thus explained somehow. Or the two terms, ‘in its development’ and ‘develops’, may be explained as standing respectively for the general and special forms; just as in the expression ‘svapoṣam puṣṭaḥ’, ‘nourished by his own nourishment.’ — (87)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.38

Section III - To whom does the Child belong?

 

भूमावप्येककेदारे कालोप्तानि कृषीवलैः ।
नानारूपाणि जायन्ते बीजानीह स्वभावतः ॥३८॥

bhūmāvapyekakedāre kāloptāni kṛṣīvalaiḥ |
nānārūpāṇi jāyante bījānīha svabhāvataḥ ||38||

 

“In this world, seeds sown in season by the cultivators even in one and the same plot of land spring-forth in various forms, according to their nature”. — (38)

 

Medhātithi’s commentary (manubhāṣya):

What has been just said is further explained by means of an example.

‘In one and the same plot’ — the particle ‘api’ being construed after ‘kedāre’ — i.e., in one and the same field, — ‘sown in season’, — i.e., at the time that may be fit for each of the seeds concerned, — ‘by the cultivators,’ — ‘spring forth in various forms’, — each seed being produced in its own peculiar form.

If the soil were the more important factor, all the products would have been of one and the same quality; since the soil is one and the same for all. — (38)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.39

Section III - To whom does the Child belong?

 

व्रीहयः शालयो मुद्गास्तिला माषास्तथा यवाः ।
यथाबीजं प्ररोहन्ति लशुनानीक्षवस्तथा ॥३९॥

vrīhayaḥ śālayo mudgāstilā māṣāstathā yavāḥ |
yathābījaṃ prarohanti laśunānīkṣavastathā ||39||

 

“Vrīhi -corn, rice, mudga-beans, sesamum, māṣa-beans, barley, leeks and sugar-cane are produced in accordance with the seeds.” — (39)

 

Medhātithi’s commentary (manubhāṣya):

The “various forms” in which the seeds grow are here described. ‘In accordance with the seeds”, — i.e., according to the character of the seed.

The plural number throughout is denotative of the species. — (39)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.40

Section III - To whom does the Child belong?

 

अन्यदुप्तं जातमन्यदित्येतन्नोपपद्यते ।
उप्यते यद् हि यद् बीजं तत् तदेव प्ररोहति ॥४०॥

anyaduptaṃ jātamanyadityetannopapadyate |
upyate yad hi yad bījaṃ tat tadeva prarohati ||40||

 

“It is not possible that what is sown is of one kind and what is produced is of a different kind; the seed that is produced is the same that is sown.” — (40)

 

Medhātithi’s commentary (manubhāṣya):

The same fact is set forth in other words.

If Mudga-beans are sown, what is produced can never be Vrīhi.

What is stated in the first half in the negative form is re-affirmed, in the second half, in the affirmative form. — (40)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.41

Section III - To whom does the Child belong?

 

तत् प्राज्ञेन विनीतेन ज्ञानविज्ञानवेदिना ।
आयुष्कामेन वप्तव्यं न जातु परयोषिति ॥४१॥

tat prājñena vinītena jñānavijñānavedinā |
āyuṣkāmena vaptavyaṃ na jātu parayoṣiti ||41||

 

[The established conclusion] — for this reason he who is intelligent, well-trained, and conversant with the sciences and the arts, should never, if he desires longevity, sow in another’s wife. — (41)

 

Medhātithi’s commentary (manubhāṣya):

The prima facie argument having been put forward, the present verse sets forth the established doctrine; and what the text means is that the soil is the predominant factor.

Objection — “In the text there is no word signifying the predominance of the soil; all that is declared is the prohibition of having recourse to other’s wives — ‘shall not sow in another’s wife’; which means that one should not let his semen enter another man’s wife; and it does not mean that the child belongs to the person to whom the soil belongs.”

True; but when we take the present text along with what follows (under 43) regarding ‘the seed sown in what belongs to another’ being ‘lost’, — it becomes clear that the prohibition of intercourse contained in the present verse is based upon the consideration that the child born would be taken away by another, and it is not with a view to any spiritual result The prohibition based upon spiritual considerations has in fact already gone before (4.134); where it has been said that ‘there is nothing so conducive to the shortening of life etc.’ Thus the conclusion is that, (inasmuch as the present prohibitive text is supplementary to another text (43), with which it has to be construed, we are not free to interpret it as we choose; so that the only right course is to take it as declaring the predominance of the soil.

‘Intelligent,’ — possessed of inborn intelligence.

‘Well-trained’ — thoroughly educated by his father and others.

‘Conversant with the sciences and the arts’. — The terms ‘jñāna’ and ‘vijñāna’ connote instrumentality (meaning jñāyate anena iti jñānam’, and ‘vijñāyate anena iti vijñānam’). So that the term ‘jñāna’, ‘science’, stands for the sciences subsidiary to the Veda, and ‘vijñāna’, ‘arts’, for the art of reasoning and the fine arts.

The sense of the verse is that the man who is possessed of any intelligence should never do such an act; since such is the law laid down in all scriptures. As regards the ignoramus, who is as good as an animal, the present, teaching is not meant for him at all. Hence what is stated here is purely reiterative.

‘If he desires longevity’. — This has been added with a view to indicate that the present prohibition is the same as that contained under Discourse IV; and this sets aside the idea as to its being a distinct prohibition. — (41)

 

Explanatory notes by Ganganath Jha:

‘Vijñānam’ — ‘Treatises on logic, arts, and so forth’ (Medhātithi); — ‘subsidiary sciences’ (Kullūka).

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.42

Section III - To whom does the Child belong?

 

अत्र गाथा वायुगीताः कीर्तयन्ति पुराविदः ।
यथा बीजं न वप्तव्यं पुंसा परपरिग्रहे ॥४२॥

atra gāthā vāyugītāḥ kīrtayanti purāvidaḥ |
yathā bījaṃ na vaptavyaṃ puṃsā paraparigrahe ||42||

 

On this point, persons conversant with ancient lore recite some ‘Gāthās’ sung by Vāyu, to the effect that man should not sow his seed in what belongs to another. — (42)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘gāthā’ is the name of a particular metre; as has been declared by Piṅgala — ‘Atrāsiddhaṅgātheti it is also used in the sense of verses handed down by a long-continued tradition. For instance, in the Veda, we find that, having made the declaration — ‘This is the gāthā of the learned that is going to be recited’, it goes on to quote the verses ‘Yadasya pūrvamaparanta-dasya &c.’

‘Sung by Vāyu’ — recited, declared by him.

‘Conversant with ancient lore;’ — those who know all about what happened in the past cycles.

‘In what belongs to another’ — In another man’s field. — (42)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.43

Section III - To whom does the Child belong?

 

नश्यतीषुर्यथा विद्धः खे विद्धमनुविध्यतः ।
तथा नश्यति वै क्षिप्रं बीजं परपरिग्रहे ॥४३॥

naśyatīṣuryathā viddhaḥ khe viddhamanuvidhyataḥ |
tathā naśyati vai kṣipraṃ bījaṃ paraparigrahe ||43||

 

‘As the arrow shot by an after-shooter hitting a wounded animal in a hole (already made) is wasted, so does the seed become wasted when sown in what belongs to another.’ — (43)

 

Medhātithi’s commentary (manubhāṣya):

The author quotes the said ‘gāthā’.

‘Iṣu’ is arrow, — ‘becomes wasted’.

‘In a hole’ — at a wound.

The man who shoots a deer after it has been wounded by another archer.

In this case the kill belongs to the man who wounded it first.

Or, the meaning may be that ‘the arrow shot in the air — i.e. away from the mark — ‘becomes wasted’ — abortive, — as also when one shoots an animal already wounded.’

In the same manner, the seed sown by a man in another’s wife, becomes wasted. That is, the child born belongs to the owner of the ‘field’. — (43)

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.44

Section III - To whom does the Child belong?

 

पृथोरपीमां पृथिवीं भार्यां पूर्वविदो विदुः ।
स्थाणुच्छेदस्य केदारमाहुः शाल्यवतो मृगम् ॥४४॥

pṛthorapīmāṃ pṛthivīṃ bhāryāṃ pūrvavido viduḥ |
sthāṇucchedasya kedāramāhuḥ śālyavato mṛgam ||44||

 

People learned in ancient lore have regarded this Pṛthvī (earth) to be the wife of Pṛthu; they declare the field to belong to him who has cleared off the stalks, and the deer to him who struck the dart. — (44)

 

Medhātithi’s commentary (manubhāṣya):

The relation of husband and wife established by ancient tradition is such that two totally distinct entities are spoken of as one. For instance, though the Earth (Pṛthivī) was associated with King Pṛthu thousands of years ago, yet she is even now named after him ‘Pṛthivī’.

In view of this, even though a son may be born of another man, he must belong to him whose wife the mother is.

‘They declare the field to belong to him who cleared off the stalks;’ — there being no other relationship spoken of, the Genetive ending (in ‘sthāṇūcchedasya’) must signify the relation of possessor and possessed.

‘Stalks’ — stands here for groves, thickets, creepers and other growths on the land; — he who clears off these is ‘he who clears off the stalks.’ The land belongs to him by whom the over-growths have been cleared and the land levelled and made into arable land. The fruits of filling and sowing this land also belong to that same man.

‘The deer to belong to him who struck the dart.’ — ‘They declare’ has to be construed with this also. Where several persons are hunting and following a deer, they declare the animal to belong to him the dart of whose arrow is found in its body. So that it belongs to the man who wounded it first, and tills is what has been said above regarding ‘the arrow of the shooter being wasted.’ — (44)

 

Explanatory notes by Ganganath Jha:

Hopkins says — “The kings subsequent to Pṛthu, according to Medhātithi, have no legitimate claim to possession.” — But there is nothing in Medhātithi to this effect.

 

Comparative notes by various authors:

(verses 9.31-44)

See Comparative notes for Verse 9.31.

 

 

VERSE 9.45

Section III - To whom does the Child belong?

 

एतावानेव पुरुषो यत्जायाऽत्मा प्रजैति ह ।
विप्राः प्राहुस्तथा चैतद् यो भर्ता सा स्मृताङ्गना ॥४५॥

etāvāneva puruṣo yatjāyā'tmā prajaiti ha |
viprāḥ prāhustathā caitad yo bhartā sā smṛtāṅganā ||45||

 

The man is a man only in so far as he consists of himself, his wife and his progeny. thus it is that the Brāhmaṇas have declared that ‘the husband is declared to be the same as the wife.’ — (45)

 

Medhātithi’s commentary (manubhāṣya):

It is only right that the child belongs to the man whose wife the mother is; because the husband and wife are one; and the child also is the man himself; how then can the self of one man belong to another?

Such is the usage of the world, and the learned Brāhmaṇas also have made the same assertion. — (45)

 

Comparative notes by various authors:

Āpastamba (2.14.16). — ‘There is no division between husband and wife; — for from the time of marriage, they are united in religious ceremonies; — likewise also as regards the rewards for acts by which spiritual merit is acquired; — and with respect to the acquisition of property.’

 

 

VERSE 9.46

Section III - To whom does the Child belong?

 

न निष्क्रयविसर्गाभ्यां भर्तुर्भार्या विमुच्यते ।
एवं धर्मं विजानीमः प्राक् प्रजापतिनिर्मितम् ॥४६॥

na niṣkrayavisargābhyāṃ bharturbhāryā vimucyate |
evaṃ dharmaṃ vijānīmaḥ prāk prajāpatinirmitam ||46||

 

Either by sale or by repudiation the wife is not released from her husband; such is the law that we know, as originally propounded by prajapati. — (46)

 

Medhātithi’s commentary (manubhāṣya):

Some one may have the following notion: — “Other men’s wives may be made one’s own by paying money to the husband, and the difficulty regarding ownership being thus removed, the son horn of her would belong to the begetter.”

This is declared to be not possible. Wives of other men cannot be made one s own even by the paying of a thousand gold-coins.

Nor, when she is abandoned by her husband on account of poverty, can the wife belong to the man who receives her.

The reason for this lies in the fact that verse 3.4, which contains the injunction of marriage, uses the verb ‘udvaheta’ (‘shall take’), in the Ātmanepada form, which clearly indicates that the woman who has been ‘taken’ through the sacramental rites by one man cannot he the ‘wife’ of any other man; just as the ‘āhavanīya’ (sacrificial Fire) cannot he regarded as being so for any other person save the one who has kindled it with the prescribed rites.

‘Sale’ stands for purchase as well as exchange; and ‘Repudiation’ for abandoning. By neither of them is the wife ‘released’ — lose the character of ‘wife.’ — (46)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 149), which explains ‘niṣkraya’ as selling and ‘visarga’ as renouncing, divorcing.

 

 

VERSE 9.47

Section III - To whom does the Child belong?

 

सकृदंशो निपतति सकृत् कन्या प्रदीयते ।
सकृदाह ददानीति त्रीण्येतानि सतां सकृत् ॥४७॥

sakṛdaṃśo nipatati sakṛt kanyā pradīyate |
sakṛdāha dadānīti trīṇyetāni satāṃ sakṛt ||47||

 

Once does the share fall to a man; once is a maiden given away; once does one say ‘I give’; each of these three comes only once. — (47)

 

Medhātithi’s commentary (manubhāṣya):

This has been explained by us under the section on ‘Rescision’ (8.227).

At the time of partition, if the co-partners are such as are entitled to equal as well as unequal shares, they should divide the property in such equal and unequal shares. This partition having been once made, some one of the co-partners may subsequently raise objections to it. It is such subsequent objection that the ‘present verse is meant to preclude. If, however, at the very outset, the party were to indicate the inadequacy of his share, then, the partition should have to be revised. If, on the other hand, the objecter should declare the inequity of the partition after the lapse of a long time, all that he can claim is the equalisation of his own share, and not a rescission of the whole partition; since during the time that has elapsed each co-partner will have made additions to his share, or carried out repairs to what may have been in a dilapidated condition, or used up the clothes and gold and other things [so that a re-partition of the entire inheritance would not be possible].

Others, however, explain the declaration regarding ‘the share falling only once’ to mean that — ‘if after the partition, it be discovered subsequently that there are some among the co-partners who are affected by impotence or some such physical defect as disqualifies him from receiving a share in the property, — there shall be no resumption of these shares by the others.’

Similarly, if there be some co-partners who are really entitled to two, three or four shares, but somehow at the time of partition, all of them receive equal shares, then, if, after sometime, they were to complain, they should not be permitted to annul the former partition.

In the case of the outcast, however, there is resumption of his share, as we shall explain later on.

‘The maiden is given away only once.’ — Though this would imply that the husband acquires ownership over the girl immediately after verbal betrothal, — even before the marriage has been performed, — yet what is really meant is that particular time which is indicated by such declarations as ‘One might take away a girl even though she may have been betrothed’ (Yājñavalkya, 1.65) and ‘The marriage is to be regarded as accomplished at the seventh step’ (Manu, 8.227). This we have already explained above.

“Once does one say ‘I give’” — Cows and other things are given away to others in the same form of ownership that, the giver himself has over them; but the maiden belongs to the father as ‘daughter,’ while she is given away to the other party as his ‘wife’; so that the father’s relationship to her does not cease. It is for this reason that she has been mentioned separately (in the sentence ‘the maiden is given away only once’).

Objection. — “If the father’s ownership and relationship does not cease, how can the ‘giving away of the maiden’ be said to be accomplished? It is in the very nature of the act of giving that the ownership of one ceases and that of another is brought about.”

There is no force in this objection. In the case in question there are two relationships, — that of parent and child, and that of owner and owned, and while the former remains intact, the latter does cease. This is what is meant when verse 5.188 declares that ‘During childhood the girl should remain under her father,’ and ‘under her husband during youth,’ which indicates the cessation of the father’s ownership and the coming into existence of that of the husband. — (27)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 490), which adds that this rule regarding the betrothal of a girl pertains to cases where the bridegroom to whom the girl has been betrothed has no disqualifying defects; — in

Parāśaramādhava (Vyavahāra, p. 388), which adds that the irrevocability of a partition here spoken of is meant for those cases where all doubts regarding its fairness can be set at rest by reasonable arguments; — in Smṛtitattva (II, p. 145), and again on p. 182, where it is added that this irrevocability of partitions is meant for cases where the partition has been made by the objector himself; — and in Smṛticandrikā (Saṃskāra, p. 218), which explains the first clause to mean that ‘a man obtains his share in a property only once,’ and adds that what is said in regard to the ‘girl’ applies only to those cases where there is no defect in the bridegroom (to whom the girl has been betrothed).

 

Comparative notes by various authors:

Viṣṇu (5.160). — ‘He who, having promised his daughter to one suitor, gives her in marriage to another, shall he punished as a thief; — unless the first suitor have a blemish.’

Yājñavalkya (1.65). — ‘A maiden is given away hut once; having given her away, if one takes her hack, he becomes liable to punishment; hut even after giving her away, one may take her hack, if a better suitor should arrive.’

Gautama (Aparārka, p. 94), — ‘Even though he may have promised the girl to a suitor, one may not give her to him if he happen to he beset with vice.’

Nārada (12.28). — (Same as Manu.)

Do. (12.32). — ‘When a man, after having made a solemn promise of marrying his daughter to a certain suitor, does not deliver her afterwards, he shall be punished by the King like a thief, in case the suitor be free from defects.’

Do. (Aparārka, p. 94). — ‘If even after betrothal, some defect is found in either the bride or the bridegroom, the betrothal may be cancelled; there is no finality in mere betrothal.’

Kātyāyana (Do.) — ‘If, after betrothal, the bridegroom becomes lost, the girl shall wait for three months and then select another man. If a girl has been betrothed to one and married to another, she shall be given away, even after the performance of the ceremonies, to the person to whom she had been previously promised.’

Vaśiṣṭha (Do.). — ‘If the bridegroom happen to die after the girl has been given away with water and verbally, — hut has not gone through the ceremonies with mantras, — she remains an unmarried maiden with her father.’

 

 

VERSE 9.48

Section III - To whom does the Child belong?

 

यथा गोऽश्वोष्ट्रदासीषु महिष्यजाविकासु च ।
नोत्पादकः प्रजाभागी तथैवान्याङ्गनास्वपि ॥४८॥

yathā go'śvoṣṭradāsīṣu mahiṣyajāvikāsu ca |
notpādakaḥ prajābhāgī tathaivānyāṅganāsvapi ||48||

 

As with cows, mares, she-camels, slave-girls, buffaloes, she-goats and ewes, it is not the begetter who obtains the offspring, — even thus it is with the wives of others — (48)

 

Medhātithi’s commentary (manubhāṣya):

[There is no Bhāṣya on this verse. The same idea occurs again in 55 below].

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 578); — and in Vyavahāra-Bālambhaṭṭī (p. 574).

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

Parāśara (1.16). — (Same as Manu.)

Śaṅkha-Likhita (Vivādaratnākara, p. 580). — ‘If the seed is sown by a stranger in a soil without the knowledge of the owner of the soil, it belongs to the owner of the soil.’

Nārada (Do., p. 581). — ‘There can be no crops without the soil, nor is there any crop without the seed; hence the child is held to belong to both the father and the mother.’

Śaṅkha-Likhita (Do. p. 557). — ‘The child belongs to the person who married the girl with mantras, — says Aṅgiras: but Uśanas says that when the seed has been sown with the consent of both the owner of the soil and the owner of the seed, the product belongs to both.’

Hārita (Do.). — ‘No soil is productive without the seed, nor does the seed grow without the soil, hence the child belongs to both — say some people.’

 

 

VERSE 9.49

Section III - To whom does the Child belong?

 

येऽक्षेत्रिणो बीजवन्तः परक्षेत्रप्रवापिणः ।
ते वै सस्यस्य जातस्य न लभन्ते फलं क्व चित् ॥४९॥

ye'kṣetriṇo bījavantaḥ parakṣetrapravāpiṇaḥ |
te vai sasyasya jātasya na labhante phalaṃ kva cit ||49||

 

If persons, possessing no fields, but having seeds, sow these in fields belonging to others, — they never obtain the grain of the crop that is produced. — (49)

 

Medhātithi’s commentary (manubhāṣya):

It is a well-known fact that persons possessing no fields, but having seed-corn, do not obtain any portion of the crop of mudga, māṣa and in other grains that spring from fields belonging to other persons. — (49)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 579).

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.50

Section III - To whom does the Child belong?

 

यदन्यगोषु वृषभो वत्सानां जनयेत्शतम् ।
गोमिनामेव ते वत्सा मोघं स्कन्दितमार्षभम् ॥५०॥

yadanyagoṣu vṛṣabho vatsānāṃ janayetśatam |
gomināmeva te vatsā moghaṃ skanditamārṣabham ||50||

 

If a bull were to beget a hundred calves on others’ cows, those calves would belong to the owners of the cows, and the bull’s emissions would be in vain. — (50)

 

Medhātithi’s commentary (manubhāṣya):

The foregoing verse has indicated and explained the state of things as pertaining to immoveable property; and the present verse points it out in reference to cows and other animate belongings of men.

When one man’s bull begets a number of calves on cows belonging to other men, the owner of the bull does not obtain a single one of those calves; all of these calves belong to the ‘owners o f the cows’ — the persons to whom the cows belong.

‘Of the bull’ — i,e., related to the bull — ‘Emission’ sowing of seed; — ‘in vain’; — futile, useless. — (50)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 579).

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.51

Section III - To whom does the Child belong?

 

तथैवाक्षेत्रिणो बीजं परक्षेत्रप्रवापिणः ।
कुर्वन्ति क्षेत्रिणामर्थं न बीजी लभते फलम् ॥५१॥

tathaivākṣetriṇo bījaṃ parakṣetrapravāpiṇaḥ |
kurvanti kṣetriṇāmarthaṃ na bījī labhate phalam ||51||

 

Similarly persons who have no ‘soil’ of their own — if they sow in the ‘soil’ belonging to another man, they confer benefit upon the owner of the ‘soil,’ and the owner of the seed reaps no fruit. — (51).

 

Medhātithi’s commentary (manubhāṣya):

This is a continuation of what has gone before.

Just as in the case of the cows, and also in that of immoveable property, so among human beings also, the sowers of the seed ‘confer the benefit upon’ — accomplish the purposes of — the owner of the soil. — (51)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 579); — and in Vyavahāra-Bālambhaṭṭī (p. 521).

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.52

Section III - To whom does the Child belong?

 

फलं त्वनभिसन्धाय क्षेत्रिणां बीजिनां तथा ।
प्रत्यक्षं क्षेत्रिणामर्थो बीजाद् योनिर्गलीयसी ?? ॥५२॥

phalaṃ tvanabhisandhāya kṣetriṇāṃ bījināṃ tathā |
pratyakṣaṃ kṣetriṇāmartho bījād yonirgalīyasī ?? ||52||

 

If between the owner of the soil and the owner of the seed, there has been no compact regarding the produce, then the chops belong clearly to the owner of the soil; — the receptacle being more important than the seed. — (52)

 

Medhātithi’s commentary (manubhāṣya):

It has been stated in a general way that the produce belongs to the owner of the soil, not to that of the seed; a further detail in regard to this is now added.

‘When no compact has been made’ — i.e., no agreement between the owner of- the soil and the seed, as to the produce belonging to both, in accordance with the maxim relating to two men, one of whom had lost his horse and another had burnt his chariot, (where the fruit, in the shape of being carried, accrued, by agreement, to both), — ‘the crop’ — i.e., the produce — ‘belongs clearly to the owner of the soil’ — The term ‘clearly’ indicates that there is no doubt on this point.

‘Because the receptacle is more important than the seed’ — i.e., more importance attaches to the soil, — (52) In a case however, where there is a compact, (what happens is as follows.) —

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 579), which explains the meaning to be: — ‘In a case where the owner of the field and the sower of the seed are not parties to an agreement, the benefit accrues to the former and not to the latter.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 3?0), which adds the following explanation: — In a case where the ‘field-owner’ and the ‘seed-owner’ have entered into an agreement that ‘the child born would belong to both of us,’ the child that is bora of the connection between the former’s wife and the latter shall belong to both; but where there has been no such agreement, and yet the latter ‘sows his seed’ in the former’s ‘field,’ and a child is bora, it will belong to the ‘field-owner,’ and not to the ‘seed-owner;’ because the ‘receptacle’ is more potent than the ‘seed,’ as is found in the case of the cow, the sheep and other animals.

It is quoted in Vīramitrodaya (Saṃskāra, p. 656), which adds that ‘phalānabhisandhāna’ means the ‘absence of any such agreement as that the child horn of this connection shall belong to both of us;’so that the son thus born would be ‘kṣetraja’ and not ‘dvyāmuṣyāyaṇa.’

It is quoted in Mitākṣarā (2.127), which adds a note the exact wording of which has been reproduced in Parāśaramādhava (Vyavahāra, p. 350) [see above]. Bālambhaṭṭī has the following explanation of the verbal construction: — ‘Kṣeṭriṇām bījinām,’ ‘from among field-owners and seed-owners,’ if either party has not agreed to the understanding regarding the lending of the ‘field,’ then the child born belongs to the ‘field-owner;’ and the reason for this lies in the fact that ‘the receptacle is more potent than the seed’; — and the reason for this is declared to be ‘pratyakṣam,’ ‘ordinary perception’, i. e., such is actually found to be the case in ordinary experience; — the ‘phalam’ spoken of in the text stands for the agreement regarding the child; — it goes on to add that according to Medhātithi this verse serves to point out the special circumstance under which the ‘benefit does not accrue to the seed-sower,’ which has been stated in general terms in the preceding verse.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 653); — and in Vīramitrodaya (Vyavahāra, 185b), which adds the following explanation — ‘In a case where there has been no agreement regarding the phala, i.e., the expected offspring, — the child belongs to the woman’s husband, just as we find in the case where, without the knowledge or consent of the owner of the field, if some one sows his own seeds in that field, the outturn of the field belongs to the owner of the field, and not to that of the seeds.

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.53

Section III - To whom does the Child belong?

 

क्रियाभ्युपगमात् त्वेतद् बीजार्थं यत् प्रदीयते ।
तस्यैह भागिनौ दृष्टौ बीजी क्षेत्रिक एव च ॥५३॥

kriyābhyupagamāt tvetad bījārthaṃ yat pradīyate |
tasyaiha bhāginau dṛṣṭau bījī kṣetrika eva ca ||53||

 

If however the seed is given for the purpose of sowing, after the acceptance of a compact, — in that case both, the owner of the soil and the owner of the seed, are considered to be sharers of the produce. — (r>3)

 

Medhātithi’s commentary (manubhāṣya):

It has been said in the preceding verse that in the absence of a compact, the produce belongs to the owner of the soil. The question that arises next is — In case there is a compact, does the crop belong to the owner of the seed or to both? It. is in answer to this that the present verse declares that it belongs to both.

‘Acceptance of the compact.’ — The term‘Kriyā’ stands for the compact, the agreement, that‘this shall be so and so’; — when such compact has been ‘accepted,’ — ‘it’ — i.e., the ‘seed,’ as is clear from the context — is‘given’ — ‘for the purpose of sowing’ — i.e., for the purpose of the raising of the crop, — then of this crop both are sharers. — (53)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣara (2.127) which adds the following explanation: — In a case where the ‘field’ is lent to the seed-owner for sowing, on the mutual understanding that the child born would belong to both parties, both of them will be owners of the child, as has been (dṛṣṭa) held by the great sages.

It is quoted in Vīramitrodaya (Saṃskāra, p. 656), which adds that the term ‘kriyā’ here stands for the agreement that ‘the child born would belong’ to both of us;’ and adds that it is only sons born under these conditions that can be called ‘Dvyāmuṣyāyaṇa.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 350), which adds the following explanation: — ‘In a case where the owner of the field lends his field to the owner of the seed, after entering into an agreement with him to the effect that the child born shall belong to both, — the child is held to belong to both the parties.’

It is quoted in Vivādaratnākara (p. 557), which adds that this rule applies also to the case where the ‘seed-owner’ concerned may already have sons of his own; — in Vyavahāra-Bālambhaṭṭī (p..653); — in Nṛsiṃhaprasāda (Vyavahāra 38a); — and in Vīramitrodaya (Vyavahāra, 185b), which adds the following explanation: — A man has agricultural land, and another has, the seed-grains, — the two enter into an agreement ‘let us, combine our resources and cultivate the land conjointly and the out turn shall belong to both of us,’ — in this case the crop belongs to both; similarly when the husband of the wife enters into an agreement with another man that ‘you beget a child on my wife and the child shall belong to both of us,’ the child that is born belongs to both, and having two fathers, he is called ‘Dvyāṃvṣyāyaṇa.’

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.54

Section III - To whom does the Child belong?

 

ओघवाताहृतं बीजं यस्य क्षेत्रे प्ररोहति ।
क्षेत्रिकस्यैव तद् बीजं न वप्ता लभते फलम् ॥५४॥

oghavātāhṛtaṃ bījaṃ yasya kṣetre prarohati |
kṣetrikasyaiva tad bījaṃ na vaptā labhate phalam ||54||

 

If seed, carried away by rain or wind, germinates in a soil, — that seed belongs to the owner of the soil, and the owner of the seed does not receive the produce. — (54)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared (under 43) that when a man sows his seed in another man’s soil, his seed is lost. And on the basis people may have the following idea — “In the case cited, it is only right that the produce shall be confiscated, since a wrong act has been committed by the man, in that he has tried to obtain surreptitious possession of the land, — otherwise, why should he go about sowing his seed in another’s field? But in a case where the owner of the seed has sown it in his own field, but it has been carried into another field by water or wind, there is no wrong done by the man; in fact he loses his own seed by this transference.”

It is with a view to combat such a notion that we have the present verse declaring that when ‘seed, carried away by rain or wind’ — ‘ogha’ stands for rain, — ‘germinates in another man’s field’, — then, the produce belongs to the owner of the soil.

Thus is the special law established that ‘the owner of the seed does receive the produce’; i.e., ownership of the soil is the more important factor. — (54)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 150); — in Vivādaratnākara (p. 579), which explains ‘ogha’ as ‘current of water’ and ‘āhṛtam’ as ‘earned,’ and adds that this also only serves to indicate the greater importance of the ‘field’; — and in Vyavahāra-Bālambhaṭṭī (p. 521).

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.55

Section III - To whom does the Child belong?

 

एष धर्मो गवाश्वस्य दास्युष्ट्राजाविकस्य च ।
विहङ्गमहिषीणां च विज्ञेयः प्रसवं प्रति ॥५५॥

eṣa dharmo gavāśvasya dāsyuṣṭrājāvikasya ca |
vihaṅgamahiṣīṇāṃ ca vijñeyaḥ prasavaṃ prati ||55||

 

This same law should be understood as applying to the offspring of cows, mares, slave-girls, she-camels, she-goats and ewes; as also of birds and buffaloes. — (55)

 

Medhātithi’s commentary (manubhāṣya):

Cows and horses, etc. are added here in order to prevent the notion being entertained that the laws laid down here are meant only for children; or it may be regarded as added for the purpose of precluding the notion that they are meant to apply to only seeds, fruits and crops, as is already known among people.

The same law applies to quadrupeds, and bipeds, as also to immovable things.

‘This’ — refers to what has been said in the preceding two verses: — viz. (1) when there is no compact, the produce belongs to the owner of the soil, and (2) when there is compact, it belongs to both.

Cows and the rest have been named only by way of illustration; the same law applies to the cases of dogs, cats and other animals.

“Why then should the declaration in verse 50 have been made?”

It is only a reiteration of the well-known fact that birds and other animals do not form the ‘property’ of men to the same extent as cows do.

‘Slave girls’ — i.e., those acquired by the seven sources of slavery.

‘Offspring’ — young ones born from their wombs. — (55)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 580), which explains ‘eṣa dharmaḥ’, as ‘the principle that the owner of the seed does not obtain the fruit;’ — also in Smṛtitattva (II, p. 150), which adds that the term ‘dāsī’ here stands for the slave-girl married to another slave; the child of such a slave-girl belongs to the owner of the girl, not to that of the father; — and in Vyavahāra-Bālambhaṭṭī (pp. 521 and 574).

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.56

Section III - To whom does the Child belong?

 

एतद् वः सारफल्गुत्वं बीजयोन्योः प्रकीर्तितम् ।
अतः परं प्रवक्ष्यामि योषितां धर्ममापदि ॥५६॥

etad vaḥ sāraphalgutvaṃ bījayonyoḥ prakīrtitam |
ataḥ paraṃ pravakṣyāmi yoṣitāṃ dharmamāpadi ||56||

 

Thus has been explained to you the comparative importance and non-importance of the seed and the womb; after this i am going to expound the duties of women during times of distress. — (56)

 

Medhātithi’s commentary (manubhāṣya):

‘Importance’ — predominance.

‘Non-importance’ — non-predominance.

This verse sums up the foregoing section, and its second half introduces the next section.

‘Distress’ — i.e., (1) want of food and clothing necessary for the sustaining of life; and also (2) absence of progeny. — (56)

 

Comparative notes by various authors:

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.

 

 

VERSE 9.57 [Duties of Women in Times of Distress (niyoga)]

Section IV - Duties of Women in Times of Distress (niyoga)

 

भ्रातुर्ज्येष्ठस्य भार्या या गुरुपत्न्यनुजस्य सा ।
यवीयसस्तु या भार्या स्नुषा ज्येष्ठस्य सा स्मृता ॥५७॥

bhrāturjyeṣṭhasya bhāryā yā gurupatnyanujasya sā |
yavīyasastu yā bhāryā snuṣā jyeṣṭhasya sā smṛtā ||57||

 

The wife of the elder brother is, for the younger, a ‘wife of the preceptor’; and the wife of the younger brother has been declared to be a ‘daughter-in-law’ for the elder. — (57)

 

Medhātithi’s commentary (manubhāṣya):

These two verses (57 and 58) describe the actual state of things, for the purpose of laying down the advisability of ‘Niyoga’ or ‘appointment,’ in times of distress.

‘Elder’ — one born before; — ‘younger’ — one born after; junior in age. — (57)

 

 

VERSE 9.58

Section IV - Duties of Women in Times of Distress (niyoga)

 

ज्येष्ठो यवीयसो भार्यां यवीयान् वाऽग्रजस्त्रियम् ।
पतितौ भवतो गत्वा नियुक्तावप्यनापदि ॥५८॥

jyeṣṭho yavīyaso bhāryāṃ yavīyān vā'grajastriyam |
patitau bhavato gatvā niyuktāvapyanāpadi ||58||

 

If the elder brother has recourse to the wife of the younger, or the younger brother to the wife of the elder, they become outcasts, even though ‘authorised,’ — except in times of distress. — (58)

 

Medhātithi’s commentary (manubhāṣya):

Both the younger and the elder brothers become outcasts by having recourse to each other’s wife, except in times of distress, — even though they be ‘authorised,’ — (58)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 522).

 

 

VERSE 9.59

Section IV - Duties of Women in Times of Distress (niyoga)

 

देवराद् वा सपिण्डाद् वा स्त्रिया सम्यक्नियुक्तया ।
प्रजेप्सिताऽऽधिगन्तव्या सन्तानस्य परिक्षये ॥५९॥

devarād vā sapiṇḍād vā striyā samyakniyuktayā |
prajepsitā''dhigantavyā santānasya parikṣaye ||59||

 

On failure of issue, the woman, on being authorised, may obtain, in the proper manner, the desired offspring, either from her younger brother-in-law or from a ‘Sapiṇḍa’. — (59)

 

Medhātithi’s commentary (manubhāṣya):

This verse enjoins the practice of ‘Niyoga’, hemmed in by all its qualifications.

‘On failure of issue, the woman, on being authorised, may obtain, offspring in the proper manner,’ — from her younger brother-in-law and others.

This ‘failure of issue’ is the ‘distress’ referred to under verse 56.

The term ‘issue’, ‘antāna’, here stands for the son; as regards the daughter, she is regarded as‘issue’ only when she has been ‘appointed,’ as it is only then that she carries on (‘santanoti’), perpetuates, her father’s family; which is not done by the daughter, in ordinary circumstances.

The ‘failure’ of such issue consists in no son being born, or in a son, though born, dying off, and in the non-appointment of a daughter (by the husband). We shall explain later on that the woman is not entitled to have an ‘appointed daughter’ or any other substitute for the son. She may, therefore bring forth a child only when authorised by her elders.

“Whence is the idea obtained that the authorisation is to be done by her elders?”

It is obtained from other Smṛti-texts. Or, the idea follows from the very name ‘niyoga’, ‘authorisation’. In ordinary parlance ‘authorisation’ is always understood as proceeding from a superior; when the teacher does the teaching, he is not spoken of as being ‘authorised’ by his pupil to do it; in fact it is the pupil that is spoken of as being ‘authorised’ to read and repeat the lessons.

The ‘elders’ meant here are the mother-in-law, the father-in-law, the younger brother-in-law and other persons belonging to her husband’s family, — and not the woman’s own father and other relations. Because if a child is born as the result of this ‘authorisation’, it is only the former who come to be known as ‘with offspring’, and who become benefitted by the after-death rites performed by that child.

“If that were the sole criterion, then, since the child’s maternal grandfather also would benefit by the rites performed by his grand-child, it would follow that the said ‘authorisation’ could be done by him also.”

This has been already answered by the explanation that those persons alone are to ‘authorise’ who would become known as ‘with offspring’ through the child born as the result of that authorisation. Further, when the verse speaks of the ‘younger brother-in-law’ and the ‘sapiṇḍa’, all persons belonging to the same gotra come to the mind. In the Mahābhārata also, in several places, it is shown that ‘authorisation’ can proceed only from the woman’s relations on the husband’s side. It is for this same reason that there is to be no ‘authorisation’ when the husband’s brother’s son is present.

“As a matter of fact, the benefits from the issue occur to only those persons who are ‘authorised’ to beget the offspring; in fact only those persons are entitled to ‘authorisation’ who are eager to obtain the benefits of the issue, in the shape of the love and satisfaction derived from the son. Thus then, no benefits can occur to one who is dead; how then can the child be said to be the ‘issue’ of the latter?”

Our answer to this is that the dead person also does obtain benefits, in the shape of the offering of libations and so forth; and that this is so is clearly asserted in authoritative texts. Though it is true that the dead person has not carried out the injunction regarding the begetting of a child; yet the scriptures clearly lay down that libations are offered to him by the child that may be begotten in the ‘soil’ belonging to him, (i.e. on his wife), according to the law of ‘authorisation’. And from this it follows that benefits for the issue do accrue to the dead father also. How this is we shall explain fully later on.

‘Younger brother-in-law’ — the husband’s brother.

‘Sapiṇḍa’ — a person belonging to the husband’s family. This is what is understood to be meant by the law in other Smṛti-texts regarding the child being obtained from any person ‘of the same caste’.

‘In the proper manner’. — This refers to the rules regarding the man annotating himself with clarified butter and so forth.

‘The desired offspring may be obtained’ — The verbal affix has the force of the Injunctive. The term ‘desired’ indicates the capacity for fulfilling his duties; which implies that in the event of a girl or a blind or deaf son being born, the process of ‘authorisation’ may be repeated. — (59)

 

Explanatory notes by Ganganath Jha:

(verses 9.59-60)

‘Santānasya’ — ‘Son, and also the appointed daughter’ (Medhātithi); — ‘Son’ (Govindarāja and Rāghavānanda).

“This practice is forbidden in Āpastamba 2.27.2-7; if the husband is alive; but with the widow, it is expressly enjoined by Gautama 78.4 and 28.21-22, and Vaśiṣṭha 17.56. Nārada gives an elaborate account of the formalities. See Jolly, Recht. Stellung S. 18, where the passage is discussed.” — Hopkins.

This verse is quoted in Mitākṣarā (2.127) as propounding the practice of ‘niyoga’ for the purpose of forbidding it under verse 64 et seq. — Bālambhaṭṭī adds the notes: — ‘Samyak,’ in accordance with the scriptures, — ‘īpsitā,’ in the form of a son, — ‘kṣaye,’ in the event of threatened extinction of the family; this means that the practice is sanctioned only under very abnormal circumstances; — ‘vāg-yataḥ,’ silent; — it then goes on to quote Medhātithi.

(59) is quoted in Vivādaratnākara (p. 445) — and both the verses in Parāśaramādhava (Vyavahāra, p. 350); and in Vīramitrodaya (Saṃskāra, p. 737) which remarks that the term ‘vidhavā’ in this verse stands for the girl whose betrothed husband has died after the betrothal, but before actual marriage.

Both verses are quoted in Vyavahāra-Bālambhaṭṭī (p. 700); — in Nṛsiṃhaprasāda (Vyavahāra, p. 38a); — and in Smṛticandrikā (Saṃskāra, pp. 224-225), which explains the meaning as — “The widow, when directed by the father-in-law or other elders, may beget a desired (i.e., male) child from her husband’s (elder or younger) brother, — but only one; although some people hold that she may secure two sons.’

 

Comparative notes by various authors:

(See below, verse 64 et seq.)

Gautama (18.4-7). — ‘A woman whose husband is dead and who desires offspring may bear a son to her brother-in-iaw. She should obtain the permission of her elders and should have intercourse during her period only. On failure of her brother-in-law, she may obtain offspring from a Sapiṇḍa, a Sayotra, a Samānapravara or from one belonging to the same caste. Some people hold that she should do this with none hut her brother-in-law.’

Do. (28.22-23). — ‘The widow may seek to raise up offspring to her deceased husband. A son begotten on a widow, whose brother-in-law is alive, by another relative, is excluded from inheritance.’

Baudhāyana (2.4.9-10). — ‘After the expiry of six months from her husband’s death, she may, with the authority of her elders, bear a son to her brother-in-law, in case she has no son. They quote the following: — “A barren woman or one who has already borne sons, or one who is past childhearing, or one whose children are all dead, or one who is unwilling, must never be authorised or appointed to do this.”’

Vaśiṣṭha (17.56). — ‘After the completion of six months from the death of her husband, she shall bathe, and offer a funeral oblation to the husband. Then her father and brother shall assemble the elders who taught or sacrificed for her husband, as also his relatives, and authorise her to raise issue to her deceased husband. One should not thus appoint a widow who is either mad or ill-behaved or diseased; nor one who is very aged; — sixteen years after maturity is the period for authorising a widow. Nor shall such an authorisation be made if the male entitled to approach her is sickly.’

Yājñavalkya (1.68-69). — ‘If a widow is without a son, her brother-in-law, or a Sapiṇḍa or a Sagotra, — smeared with butter, shall approach her during her period, being authorised to do so by the elders, for the purpose of obtaining a son for her. He shall approach her only till conception has taken place; doing otherwise, he would become an outcast. The son born in this manner is called Kṣetraja.’

Bṛhaspati (25.12-14). — ‘The Niyoga (authorisation of a widow to raise offspring to her deceased husband), after having been declared by Manu, has been forbidden by himself; on account of the deterioration in the nature of the time-cycles, this cannot he done by all in the proper form. In the Kṛta, Tretā and Dvāpara cycles, men were imbued with austerities and with knowledge; in the Kali cycle a deterioration in the capacity of men has been brought about. Therefore the sons that were obtained by various methods by the ancient sages cannot he obtained by men now, on account of their being without that capacity.’

Nārada (12.80-81). — ‘Should the husband of a childless woman die, she should go to her brother-in-law, through desire to obtain a son, after having received the necessary authorisation from her elders; — and he shall have intercourse with her till a son is born. When a son is born, he must leave her. It would be sinful intercourse otherwise.’

Brahmapurāṇa (Aparārka, p. 97). — ‘On the death of her husband, or on her having abandoned her husband, a woman may beget a son from a man of her own caste. If she is a child-widow, or has been forcibly abandoned by her husband, she shall go through the sacrament of marriage again, with any other man. But this remarriage of women, or the begetting of a son from the brother-in-law, or the freedom of women, should not be permitted during the Kali age; as during this age, men are inclined to be sinful.’

Āpastamba (2.27.2-4). — ‘A husband shall not make over his wife, who occupies the position of a gentilis, to others (than to his gentiles), in order to cause children to be begotten for himself. For they declare that a bride is given to the family of her husband (and not to the husband alone). This is forbidden for the present age, on account of the incapacity of men’s senses.’

Yama (Vivādaratnākara, p. 446). — ‘A man desirous of securing offspring for bis dead brother, may beget a child on his widow; he shall leave her as soon as conception has taken place; he shall never approach her after she has got a child.’

Kātyāyana (Do., 449). — ‘After having carried out Niyoga, one should perform the prescribed penance for expiation.’

 

 

VERSE 9.60

Section IV - Duties of Women in Times of Distress (niyoga)

 

विधवायां नियुक्तस्तु घृताक्तो वाग्यतो निशि ।
एकमुत्पादयेत् पुत्रं न द्वितीयं कथं चन ॥६०॥

vidhavāyāṃ niyuktastu ghṛtākto vāgyato niśi |
ekamutpādayet putraṃ na dvitīyaṃ kathaṃ cana ||60||

 

He who has been authorised in regard to a widow shall, annointed with clarified butter and with speech controlled, beget, at night, one son, — and on no account a second one. — (60)

 

Medhātithi’s commentary (manubhāṣya):

No significance is meant to be attached to the mention of the. ‘widow’; as the rule laid down here is applicable also to the case of the woman whose husband is alive, but subject to such disabilities as impotence and the like. That such is the meaning is clear from what follows later (in 63). As a matter of fact, the sole purpose underlying the practice lies in what is stated in the present verse; the restriction too pertains to persons subject to the law, and not to the observances themselves. Otherwise it would seem that the whole thing pertained to widows only. (?)

‘At night — this is meant to indicate the absence of all light, in the shape of lamps etc.; intercourse during the day having been already forbidden by another text.

Others however hold that the prohibition of intercourse during the day is with reference to the benefit of the man, while the specification of ‘night’ in the present text bears upon ritualistic purposes.

Hence what is meant is that ‘only one.’ — and never a second — ‘Kṣetraja’ son is to be begotten; but never by intercourse during the day. — (60)

An exception to this is set forth in the next verse: —

 

Explanatory notes by Ganganath Jha:

(verses 9.59-60)

See Explanatory notes for Verse 9.59.

 

Comparative notes by various authors:

(verses 9.60-68)

(See texts under 59.)

Vaśiṣṭha (17.61, et seq.). — ‘He shall approach the widow in the moment sacred to Prajāpati, behaving like a husband, without dallying with her, and without abusing or ill-treating her. She shall obtain the expenses for food, raiment, baths and unguents from the estate of her deceased husband. They declare that a son begotten on a widow not duly authorised belongs to the begetter; if she has been duly authorised, the child belongs to both the males connected with the authorisation. No such authorisation shall be made for the purpose of obtaining a living. But some people declare that an authorisation may be made through desire for wealth, after an expiatory penance has been performed.’

Yājñavalkya (1.68-69). — (See under 59.)

Gautama (18.8). — ‘She shall not bear more than two sons.’

Nārada (12.82-88). — ‘He shall approach the woman, free from passion, and without amorous desire. He must have anointed his limbs with clarified butter, or with oil which has not lost its natural condition, and must turn away his face from hers and avoid the contact of limb with limb. For this custom is practised only when the family threatens to become extinct, for the continuance of the lineage, and not from amorous desire. He must not approach a woman who is with child, or blameworthy, or not duly authorised by her relations. Should a woman procreate a son with her brother-in-law without having been authorised thereto by her relations, that son is declared illegitimate and incapable of inheriting, by the expounders of the Veda. So when a younger brother has intercourse, without authorisation, with the wife of his elder brother, — or an elder brother with the wife of his younger brother, — they are both held to have committed incest. If he has been authorised by the elders, he shall approach the woman and advise her in the manner previously stated, as if she were his daughter-in-law. He becomes purified of the sin when the son is born and his Birth-ceremonies have been performed. He shall approach her only once, — or till conception has taken place. When she has become pregnant, she is again even as a daughter-in-law to him. Should the man or woman behave otherwise, impelled by amorous desire, they shall be severely punished by the King. Otherwise righteousness would be violated.’

Yama (Vivādaratnākara, p. 446). — ‘When during her period, the woman has taken her bath, her brother-in-law, desiring an offspring for his deceased brother, may approach her during the dark night, with speech held in check, with a single cloth on, and his body anointed with clarified butter, and mind stricken with grief, avoiding the contact of his face and limbs with her face and limbs.’

 

 

VERSE 9.61

Section IV - Duties of Women in Times of Distress (niyoga)

 

द्वितीयमेके प्रजनं मन्यन्ते स्त्रीषु तद्विदः ।
अनिर्वृतं नियोगार्थं पश्यन्तो धर्मतस्तयोः ॥६१॥

dvitīyameke prajanaṃ manyante strīṣu tadvidaḥ |
anirvṛtaṃ niyogārthaṃ paśyanto dharmatastayoḥ ||61||

 

Some people, learned in the subject, admit, on the basis of propriety, of a second procreation on women, — perceiving, as they do, that the couple’s purpose of authorisation’ is not (otherwise) accomplished. — (61)

 

Medhātithi’s commentary (manubhāṣya):

A second son also should be begotten; — such is the opinion of some people.

‘Learned in the subject’ — persons versed in the laws relating to the begetting of ‘Kṣetraja’ sons.

‘Perceiving that the purpose of authorisation is not accomplished’. — These people hold that the injunction, that ‘the woman on being authorised should begot a child’, is not fulfilled by the begetting of a single son.

What is the real intention of these men?

They hold that the singular number (in the word ‘son’ in the injunction ‘a son is to be begotten’) is not meant to be significant; since it is the substance that forms the more important factor, and no qualification attaches to the act, which shows that no significance can attach to the singular number; just as in the case of the word ‘cup’ (in the injunction ‘wash the cup’).

“In the case of injunctions of things not already spoken of elsewhere, even though the substance is recognised as the predominant factor, yet the significance of such specifications as those by means of number and such qualifications remains undisturbed; e.g., in such injunctions as the ‘twice-born man shall marry a woman’. Then from the indicative power of such mantra-texts as ‘Beget ten sons on this girl’, it is clear that the number one as pertaining to children is not to be observed.

“In that case the man need not rest with two sons only.” In fact it is in view of this that the text has added the term ‘second’, the use whereof lies in the precluding of the possibility of more sons than two. This same is the sense of the mantra-text also, which pertains to the ‘aurasa’ (body-born) son, the text occuring in the section on Marriage. In the present instance however, all that is intended is the exceeding of the number ‘one’; and this on the strength of the saying current, among cultured people that ‘a man with one son is as good as sonless’, or on that of the present verse containing the eulogisation of the second son.

‘On the basis of propriety’ — i.e. on the strength of the practice of cultured people. — (61)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 700); — and in Smṛticandrikā (Saṃskāra, p. 225) which notes that this view has been held by some people on the ground that one son is as good as none at all.

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.62

Section IV - Duties of Women in Times of Distress (niyoga)

 

विधवायां नियोगार्थे निर्वृत्ते तु यथाविधि ।
गुरुवत्च स्नुषावत्च वर्तेयातां परस्परम् ॥६२॥

vidhavāyāṃ niyogārthe nirvṛtte tu yathāvidhi |
guruvatca snuṣāvatca varteyātāṃ parasparam ||62||

 

But when the purpose of the ‘authorisation’ in regard to the widow has been duly accomplished, the two should behave towards each other like an elder and like a daughter-in-law. — (62)

 

Medhātithi’s commentary (manubhāṣya):

The ‘authorisation’ herein laid down refers to the act of ‘intercourse’, ending with the sexual act. After this act has been accomplished, their behaviour towards each other should be like that of the ‘elder’ and the ‘daughter-in-law’. If the woman is the wife of the elder brother, she shall be treated like an ‘elder’; but if she is the wife of the younger brother, she shall be treated like a ‘daughter-in-law

The use of the term ‘towards each other’ implies that the woman should behave like the daughter-in-law towards her elder brother-in-law, and like an ‘elder’ towards her younger brother-in-law. — (62)

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.63

Section IV - Duties of Women in Times of Distress (niyoga)

 

नियुक्तौ यौ विधिं हित्वा वर्तेयातां तु कामतः ।
तावुभौ पतितौ स्यातां स्नुषागगुरुतल्पगौ ॥६३॥

niyuktau yau vidhiṃ hitvā varteyātāṃ tu kāmataḥ |
tāvubhau patitau syātāṃ snuṣāgagurutalpagau ||63||

 

If the two persons thus ‘authorised’ renounce the law and act from carnal desire, both would become outcasts, — being like one who has intercourse with his daughter-in-law and one who defiles the bed of his elder. — (63)

 

Medhātithi’s commentary (manubhāṣya):

‘Law’ — regarding ‘annointing with clarified butter’ and so forth. The transgression of the law leads to the parties becoming outcasts.

The ‘authorised’ elder brother being ‘one who has intercourse with his daughter-in-law’, and the younger brother being ‘one who defiles the bed of his elder’. — (63)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī, (p. 523); — and in Dattakamīmāṃsā.

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.64

Section IV - Duties of Women in Times of Distress (niyoga)

 

नान्यस्मिन् विधवा नारी नियोक्तव्या द्विजातिभिः ।
अन्यस्मिन् हि नियुञ्जाना धर्मं हन्युः सनातनम् ॥६४॥

nānyasmin vidhavā nārī niyoktavyā dvijātibhiḥ |
anyasmin hi niyuñjānā dharmaṃ hanyuḥ sanātanam ||64||

 

By twice-born persons the widow shall not be ‘authorised’ in regard to another person; by ‘authorising’ her in regard to another, they would violate the eternal law. — (64)

 

Medhātithi’s commentary (manubhāṣya):

This is the prohibition of the practice of ‘authorisation’, which has been sanctioned in the foregoing texts.

In this connection, some people have held the following view: — “Inasmuch as the text contains the term ‘widow’, it prohibits the practice only with reference to the woman whose husband is dead; so that the impotent husband should still ‘authorise’ his wife; both the sanction and the prohibition would thus have distinct spheres of application.”

Others, however, have held the following opinion: — “The text, that sanctions the practice mentions the failure of issue as the occasion for it; and as a matter of fact, this occasion is equally present in both cases, — in the case of the husband being impotent or invalided, as also in that of his being dead. So that as the sanction, so the prohibition also, must be accepted as free from restrictions. Then again, a woman is called ‘vidhavā’ (widow) when she ceases to have any intercourse with her ‘dhava’ or husband; and this condition is equally present in both cases.”

It is this latter view that has to be accepted; as otherwise, the rules regarding ‘anointment with clarified butter’ and other details would not be applicable to the case of ‘authorisation’ by the impotent or invalided husband; because the text that lays down that rule uses the term ‘widow’ — “He who has been authorised in regard to the widow, etc.’ (Verse 60). For these reasons, just as the preceding sanction, so the subsequent prohibition also, should be taken as free from all limitations. And thus the sphere of application of both being the same, we must take the case as being one of option. This option is possible only in view of the obligatory character of the injunction regarding the begetting of children; the case being analogous to the option bearing upon the ‘holding’ and ‘not holding’ of the Śoḍaśi Cups. If, on the other hand, the injunction of begetting a son were regarded as consisting in such assertions as ‘by means of a son one wins heaven’, and so forth, (where the act of begetting a son is put forward as loading to a certain desirable result), the effect of one having no children would only be the non-performance of the after-death rites. So that the results of the two acts (begetting of a child by ‘authorisation’ and not begetting a. child by that method) would be totally distinct; and under the circumstances, whence could there he any option? It is only when the sanction and the prohibition both hear upon the same object that there can be option; as is the case with the ‘holding’ and ‘not holding’ of the Śoḍaśi Cups.

It has already been pointed out that when an act is done along with all its subsidiary details, its results are fuller than what they are when it is done without those details; but so far as the accomplishment of the main act itself is concerned, there is no difference. So that, in this case the only effect would be that the man not having recourse to the practice would fail to obtain the benefits that would he conferred by the son; and if he has recourse to the practice with a view to obtaining those special benefits, then he would he transgressing the prohibition, and his act would stand on the same footing as the performance of the Śyena sacrififie (which is performed for the special purpose of obtaining the death of the enemy, and involves the transgression of the prohibition of all hilling).

“In connection with this object, the following point deserves to be considered in regard to the man who is ‘authorised’ (to have connection with the ‘widow’) — Why does he have recourse to the act? There is no such injunction for him as that ‘when one is authorised he should have intercourse with the widow’; as there is for the woman, in the form of the text (59) — ‘the woman, being duly authorised, etc.’ It would not be right to argue that — “since the ‘authorisation’ of the woman can he accomplished only when her younger brother-in-law or some other male relation would also ad, the action of these latter also is implied by that same injunction (which prescribes the‘authorisation’ of the woman), — since what is desired by the women is the Kṣetraja son (and this cannot be obtained without the action of the male).”

“This cannot be right, because the action of tin; male might proceed from carnal desire also.

“If the injunction did not imply the action of the male, there would be no sense in the rules laying down anointing with clarified butter and other details.

“These rules would not he meaningless; as their meaning would he that the son can he called ‘Kṣetraja’ only when he is born in the manner prescribed, and in no other circumstances.

“Some people have leld that the general injunction that ‘one must obey the injunction of his elders’ is what prompts the male in question.

“But if this were allowed, then one would he justified in drinking wine and doing such forbidden ads, by the wish of his elders to do so. As a matter of fact, one who would prompt the man to have recourse to such acts would not be an ‘elder’ at all. Then again, there is the law — ‘The abandoning of the elder is enjoined, if he is vain or ignorant of what should and what should not be done, or has recourse to the wrong path’; and the ‘abandoning’ meant here can only consist in ceasing to work for the elder.

“This same reasoning does away with the following view also: — ‘The assertion, (in 63) that by acting contrary to the rules relating to the details of the practice of ‘authorisation,’ the parties concerned become outcasts, implies the sanctioning of the action of both, in accordance with those rules. Otherwise, if the action of the man involved the penalty of outcasting in all kinds of intercourse, there would be no point in the declaration that he becomes an outcast under the special circumstances (of acting contrary to the rules).’

“Then again, the idea, that — ‘in the case of there being no transgression of the rules the man alone becomes an outcast, whereas, when there is transgression of them, both parties become outcasts’ — is also derived from the indicative power of the texts themselves.

“Thus then, the action of the youger brother in-law and other male relations has got to be explained (and justified).”

Our explanation is as follows: — Judging from the instance of Vyāsa and others, it has to be admitted that, in the begetting of the ‘Kṣetraja’ son, if one acts according to the behests of his elders, there can be nothing wrong in it In the case of Vyāsa and other great men, their action can never be regarded as having been prompted by carnal desire.’ Then, as for the argument that “the assertion that the parties become outcasts if they transgress the rules, is indicative of the act of the male”. — this cannot be right; for, if the male became an outcast, then, the son born of him would not be entitled to the performance of any rites; so that the begetting of the child would be absolutely futile. From all this, it follows that there is just a semblance of an injunction for the action of the younger brother-in-law or other male relations. — (64)

 

Explanatory notes by Ganganath Jha:

“Verses 64-68 flatly contradict the rules given in the preceding ones. But it by no means follows that they are a modern addition, as held by Hopkins. For the same view is expressed by Āpastamba, 2.27.2-6, and was held, according to Baudhāyana, 2.3.34, by Aupajandhani. Moreover, Bṛhaspati Smṛti states expressly (Colebrook Dig. CLVII) that the contradictory statement occurred in the Mānava Dharmaśātra as known to the author.” — Buhler.

This verse is quoted in Mitākṣarā (2.136), as prohibiting niyoga; — again under 2.127, to the same effect, where Bālambhaṭṭī adds that ‘anyasmin’ means ‘other than the husband.’

It is quoted in Vīramitrodaya (Saṃskāra, p. 737), which remarks that the term ‘vidhavā’ here stands for the woman, whose husband has died after the marriage has been performed; — then it seeks to reconcile the apparent contradiction between verses 59 and 60 (permitting Niyoga) on the one hand, and verses 64-68 (forbidding it) on the other; the sanction is meant for the girl who is widowed after verbal betrothal, before marriage; while the prohibition applies to one who is widowed after marriage; this, it adds, is made clear by verse 65, which refers to the ‘mantras recited during the marriage-ceremony.’ It concludes therefore that there is no room for any doubts regarding the opinion of Manu, adumbrated in Mitākṣarā.

It is quoted in Nṛsiṃhaprasāda (Vyavahāra, 38a); — in Smṛticandrikā (Saṃskāra, p. 226), which says that this prohibition is meant for the Kali-age; — and in Vīramitrodaya (Vyavahāra, 186a).

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.65

Section IV - Duties of Women in Times of Distress (niyoga)

 

नोद्वाहिकेषु मन्त्रेषु नियोगः कीर्त्यते क्व चित् ।
न विवाहविधावुक्तं विधवावेदनं पुनः ॥६५॥

nodvāhikeṣu mantreṣu niyogaḥ kīrtyate kva cit |
na vivāhavidhāvuktaṃ vidhavāvedanaṃ punaḥ ||65||

 

Nowhere in the mantra-texts bearing upon marriage is ‘authorisation’ mentioned; nor again is the marriage of the widow mentioned in the injunction of marriage. — (65)

 

Medhātithi’s commentary (manubhāṣya):

‘Udvāha,’ ‘marriage,’ is a rite; and the sacred texts used at that rite — such as; (a) ‘Aryamaṇannu devam kanyā agnimayakṣata,’ (b) ‘Mayā patyā jaradaṣṭih,’ (c) ‘Mayā patyā prajāvatī,’ and so forth, — in all these, it is clearly stated that ownership over the woman belongs to the person that marries her; and nowhere among them is there any such assertion as ‘beget a child from a man in regard to whom you are authorised by me.’

What the text means by mentioning the ‘mantra-texts’ is that even Mantra-texts and Declamatory Texts do not contain any indications of the injunction of the practice. This is further explained. — ‘The marriage of widows is not mentioned in the injunction of marriage.’ ‘Marriage’ here stands for intercourse. If the act of the brother-in-law having intercourse with his widowed sister-in-law were a regular ‘marriage,’ then, the practice of ‘niyoga,’ ‘authorisation’, would be the same as ‘Marriage’; and as such, it would be fully enjoined by some such injunction as ‘the brother-in-law shall marry his sister-in-law.’ As a matter of fact, however, there is no such injunction at all.

This is a declamatory supplement to what has gone before. — (65)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskara, p. 737, which notes that this verse supplies the reason for what has been asserted in the preceding verse; — in Nṛsiṃhaprasāda (Vyavahāra, p. 38a), — and in Vīramitrodaya (Vyavahāra, 186a).

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.66

Section IV - Duties of Women in Times of Distress (niyoga)

 

अयं द्विजैर्हि विद्वद्भिः पशुधर्मो विगर्हितः ।
मनुष्याणामपि प्रोक्तो वेने राज्यं प्रशासति ॥६६॥

ayaṃ dvijairhi vidvadbhiḥ paśudharmo vigarhitaḥ |
manuṣyāṇāmapi prokto vene rājyaṃ praśāsati ||66||

 

During the time that King Vena was ruling over his kingdom, this reprehensible bestial practice was introduced by ignorant twice-born men among men also. — (66)

 

Medhātithi’s commentary (manubhāṣya):

This also is a declamatory supplement to the prohibition of ‘authorisation.’ The ‘ignorant’ men, who do not know the scriptures, and who do not understand that the indicative power of the texts points to something entirely different, — ‘introduced’ ‘this bestial practice,’ which is most ‘reprehensible,’ ‘among men also’; and this was done not during modern times, but ‘during the time that Vena’ — (he first king — ‘was ruling over his kingdom’ — looking after his realm.

“It has been said that there are no sacred texts indicative of prevalence of this practice.”

Not so; what was said was that there was no such indicative in the texts recited at marriage; in other texts there certainly are words indicative of it; for instance, there is the mantra — ‘Ko vā sa putro vidhaveva deraram mayā nu doṣo kṛṇute sadhastha’ (Ṛgveda, 10.40.2), — which means ‘who is the woman that invites you Aśvins to her bed in the manner in which the widow invites to her bed her younger brother-in-law, — that you do not come up?’

“But what peculiarity is there in the mantras used at marriage (that capital is made of there being no indication in them of the practice in question)?”

What is meant is that the texts connected with marriage are more nearly connected with the subject of the begetting of children.

Others read ‘vidvadbhiḥ’ (for ‘avidvadbhiḥ’); and the meaning of this would be — ‘This practice, of having intercourse with the brother’s wife, which is fit for beasts, has been declared by the learned to be reprehensible, for men, — and it was introduced during the reign of King Vena.’ — (66)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 738); — and in Vīramitrodaya (Vyavahāra, 186a).

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.67

Section IV - Duties of Women in Times of Distress (niyoga)

 

स महीमखिलां भुञ्जन् राजर्षिप्रवरः पुरा ।
वर्णानां सङ्करं चक्रे कामोपहतचेतनः ॥६७॥

sa mahīmakhilāṃ bhuñjan rājarṣipravaraḥ purā |
varṇānāṃ saṅkaraṃ cakre kāmopahatacetanaḥ ||67||

 

In ancient times that chief of royal sages, possessing the whole world, brought about the confusion of castes, having his mind beset with lust. — (67)

 

Medhātithi’s commentary (manubhāṣya):

‘Possessing,’ — ruling over.

“When the King brought about the confusion of castes, how can he be called the chief of royal sages?”

The answer is that possessing the whole Earth, he was a great King, but he had his ‘mind’ — mental equanimity — ‘besat’ — destroyed — ‘by lust’ — in the shape of carnal desires and so forth. — (67)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 738 and in Vyavahāra, 186a).

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.68

Section IV - Duties of Women in Times of Distress (niyoga)

 

ततः प्रभृति यो मोहात् प्रमीतपतिकां स्त्रियम् ।
नियोजयत्यपत्यार्थं तं विगर्हन्ति साधवः ॥६८॥

tataḥ prabhṛti yo mohāt pramītapatikāṃ striyam |
niyojayatyapatyārthaṃ taṃ vigarhanti sādhavaḥ ||68||

 

Since then, whenever any one, through folly, ‘authorises’ a woman whose husband is dead, to beget children, — him the good men censure. — (68)

 

Medhātithi’s commentary (manubhāṣya):

The sense of this declaratory passage is clear. — (68)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 738 and Vyavahāra, 186a).

 

Comparative notes by various authors:

(verses 9.60-68)

See Comparative notes for Verse 9.60.

 

 

VERSE 9.69

Section IV - Duties of Women in Times of Distress (niyoga)

 

यस्या म्रियेत कन्याया वाचा सत्ये कृते पतिः ।
तामनेन विधानेन निजो विन्देत देवरः ॥६९॥

yasyā mriyeta kanyāyā vācā satye kṛte patiḥ |
tāmanena vidhānena nijo vindeta devaraḥ ||69||

 

If the husband of a maiden dies after the troth has been verbally plighted, — shall her then own younger brother-in-law espouse in the following manner. — (69)

 

Medhātithi’s commentary (manubhāṣya):

This verse lays down a practice in connection with maidens, which has the form of ‘authorization’.

‘After the troth has been verbally plighted’ — i.e., alter the accomplishment of verbal betrothal; — when she has been given away orally by one and accepted by the other party.

‘Her own younger brother-in-law shall espouse’ — marry — ‘her, in the following manner’ — (69)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (1.69), as enunciating the view that the sanction of the ‘kṣeṭraja’ son pertains only to those cases where the bridegroom has died after the verbal betrothal; — again under 2.127, as describing the case in which alone ‘niyoga’ is permissible; — and it adds that this verse implies that the man to whom a girl has been betrothed has become her ‘husband’ even before the marriage rites have been performed.

Mitākṣarā adds the following notes: — When the ‘husband’ to whom the girl has been betrothed dies, then his ‘own’ i.e., uterine brother, elder or younger, ‘vindeta,’ shall take her, i.e., marry her. It construes ‘anena vidhānena’ with the next verse.

It is quoted in Smṛtitattva (II, p. 129), to the effect that the child born under this rule belongs to the person to whom the girl had been previously betrothed; — in Aparārka (p. 78), which also notes that this verse serves to restrict the sanction of ‘niyoga’ or of ‘marriage of widows’ to cases of mere betrothal, not of actual marriage; — in Parāśaramādhava (Vyavahāra, p. 351), to the same effect; and it adds that for this reason the foregoing conflicting verses 59-68 should not be understood as setting forth two optional alternatives; — and in Vīramitrodaya (Saṃskāra, p. 737), to the effect that ‘niyoga’ does not mean mere intercourse, without marriage, it means marriage and then intercourse; — and again on p. 756, as laying down the marrying of the girl by her younger brother-in-law, on the death of her (betrothed) husband.

This verse is quoted also in Nṛsiṃhaprasāda (Vyavahāra, 38a).

 

Comparative notes by various authors:

(verses 9.69-70)

Vaśiṣṭha (17.72-74). — ‘If the betrothed of a maiden die after she has been promised to him verbally and by a libation of water, — but before she was married to him with the sacred texts, — she belongs to her father alone. If a damsel has been abducted by force, and not wedded with the sacred texts, she may lawfully he given to another man; she is even like a maiden. If before the death of her husband, the damsel had merely been wedded with the sacred texts, and the marriage had not been consummated, she may be married again.’

Kātyāyana (Vīramitrodaya-Saṃskāra, p. 739). — ‘If a man should die or become lost after betrothal, the girl shall wait for three menstrual periods and then marry another person.’

 

 

VERSE 9.70

Section IV - Duties of Women in Times of Distress (niyoga)

 

यथाविध्यधिगम्यैनां शुक्लवस्त्रां शुचिव्रताम् ।
मिथो भजेता प्रसवात् सकृत्सकृद् ऋतावृतौ ॥७०॥

yathāvidhyadhigamyaināṃ śuklavastrāṃ śucivratām |
mitho bhajetā prasavāt sakṛtsakṛd ṛtāvṛtau ||70||

 

When he has, according to rule, espoused her, clad in white garments and pure in her observances, they shall approach each other once in each season, until issue. — (70)

 

Medhātithi’s commentary (manubhāṣya):

‘According to rule’ — in accordance with the rules laid down in the scriptures.

‘Has espoused her’ — This would be ‘espousal’ or ‘marriage’ only in name; as the maiden in such a case would he called a ‘punarbhū,’ ‘a remarried widow’; and even though married, she could not be a ‘wife’ (in the real sense of the term); her marriage, which is nominal, being only for a defenite purpose. That this is so is shown in the next verse — ‘Having given away his daughter to one man, one shall not give her to another,’ — which means, that she should not be given to her younger brother-in-law either; and when she is not given away — and as such does not become the property of the man — how could she he his ‘wife’?

‘Clad in white garments’; — this is a rule that is to be observed by the man approaching the woman; it is to be observed also in other cases of ‘authorisation.’ — (70)

 

Explanatory notes by Ganganath Jha:

This verse is quoted along with 69 in Mitākṣarā (2.127), which adds the following notes: — ‘Yathāvidhi,’ in accordance with the scriptures, — ‘adhigamya’, having married, — ‘anena vidhānena,’ (of the preceding verse) i.e., ‘besmearing himself with clarified butter, with speech held in check and so forth’, — ‘śuklavastrām śucivratām,’ with her mind and body under full control, — ‘mithaḥ,’ in secret, — shall approach her once during each course, till conception takes place. It proceeds to declare that all this does not make the woman the actual ‘wife’ of the brother-in-law; hence the child bora of this union belongs to the real (i.e., the former) husband; — Bālambhaṭṭī adds that the action of the brother-in-law is purely for the purpose of providing a child for his dead brother; it goes on to add the following notes Kullūka Bhaṭṭa remarks that the fact of the child born of the intercourse here sanctioned belonging to the dead betrothed is clear from the restriction imposed, that there is to be intercourse only once during the course, and that also only until conception takes place. — Having thus stated the view of the older writers, Bālambhaṭṭī enters into a long discussion and comes to the conclusion that the sanction of remarriage must refer to a regular widow — who loses her real husband after full marriage, and not only after betrothal; and it naively remarks that the opinion of the older writers is due to prejudice against ‘niyoga,’ by reason of its having been forbidden during the Kaliyuga.

It is quoted in Smṛtitattva (II, p. 129), which also quotes Kullūka Bhaṭṭa’s remark (quoted in Bālambhaṭṭī above). It goes on to add that what is here laid down should be done only if the woman concerned is willing to do it, not otherwise; as is clearly declared by Vaśiṣṭha.

It is quoted in Parāśaramādhava (Vyavahāra, p. 351); — and in Vīramitrodaya (Saṃskāra, p. 737).

 

Comparative notes by various authors:

(verses 9.69-70)

See Comparative notes for Verse 9.69.

 

 

VERSE 9.71

Section IV - Duties of Women in Times of Distress (niyoga)

 

न दत्त्वा कस्य चित् कन्यां पुनर्दद्याद् विचक्षणः ।
दत्त्वा पुनः प्रयच्छन् हि प्राप्नोति पुरुषानृतम् ॥७१॥

na dattvā kasya cit kanyāṃ punardadyād vicakṣaṇaḥ |
dattvā punaḥ prayacchan hi prāpnoti puruṣānṛtam ||71||

 

Having given away his daughter to one man, the wise man should not give her away again. Having given her away once, if he gives her again, he incurs the guilt of ‘fraud towards men.’ — ‘(7l)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared ‘that consummation of it is to be understood as occurring at the seventh step’ (8.227). People may be inclined to the notion that if the bridegroom dies before this point has been reached, the girl may be given away to another man; it is this notion that the present text, precludes.

This prohibition has been repeated here, in view of the special circumstances herein mentioned; as a matter of fact, the girl married after betrothal has been already declared to be a ‘remarried widow.’

When the girl has been betrothed, given away, to one man, — if he happens to die — she shall not be given to another. By doing this the father incurs the guilt of ‘fraud towards men’; — i.e., he incurs the same guilt that would be incurred by the kidnapping of a human being. — (71)

 

Explanatory notes by Ganganath Jha:

See above, 8.98.

“Medhātithi and Nandana say that the verse is meant to forbid marriage of a girl whose betrothed has died. But Kullūka thinks that it refers to all cases where a betrothal has taken place, and that it removes a doubt which might arise through a too strict interpretation of 8.227.” — Buhler.

This verse in quoted in Vyavahāra-Bālambhaṭṭī (p. 326); — and in Smṛticandrikā (Saṃskāra, p. 220).

 

Comparative notes by various authors:

Viṣṇu (5.160-161). — ‘He who, having promised his daughter to one suitor, marries her to another, shall be punished as a thief, unless the first suitor have a blemish.’

Yājñavalkya (1.65). — ‘A girl is betrothed but once; if the father takes her away after that, he should suffer the punishment of a thief; but he may take her away from the man to whom she has been betrothed, if a superior suitor happens to turn up.’

Nārada (12-30). — ‘Should a more respectable suitor, who appears eligible in point of religious merit, fortune and amiability, present himself, — after the nuptial fee has already been presented by a former suitor, — the verbal engagement previously made shall he annulled.’

(See texts under 47.)

 

 

VERSE 9.72 [Repudiation of the Betrothed Maiden]

Section V - Repudiation of the Betrothed Maiden

 

विधिवत् प्रतिगृह्यापि त्यजेत् कन्यां विगर्हिताम् ।
व्याधितां विप्रदुष्टां वा छद्मना चोपपादिताम् ॥७२॥

vidhivat pratigṛhyāpi tyajet kanyāṃ vigarhitām |
vyādhitāṃ vipraduṣṭāṃ vā chadmanā copapāditām ||72||

 

Even after having accepted the maiden in due form, one mat repudiate her, if she be blemished, or diseased, or corrupted, or betrothed by deception. — (72)

 

Medhātithi’s commentary (manubhāṣya):

‘Form’ — as prescribed in the scriptures; what is done in accordance with this — i.e., as laid down in 3.35 et-seq, — where the use of water has been held by some to be meant for the case of maidens.

When one has, according to this form, accepted a maiden, — he may ‘repudiate, her’ — before marriage is done.

‘Blemished’ — disfigured by evil bodily marks, not perceived before. Even though she may have been accepted, and be very handsome, yet if she be found to be wanting in modesty, or harsh of tongue.

‘Diseased’ — suffering from consumption.

‘Corrupted’ — one who is known among men as suffering from an incurable disease, or as being in love with another man.

Such a girl one may repudiate.

Some people have explained ‘vipraduṣṭā’ as ‘deflowered.’

This however is not accepted by others as right. So long as the girl has not been enjoyed by a man, and as such remains a ‘maiden,’ she cannot be regarded as ‘corrupted’; and after she has been enjoyed, she is no longer a ‘maiden’; so that in this case there could be no sense in the assertion that ‘one may repudiate the corrupted maiden.’ And the abandoning of the ‘deflowerd’ girl has been already laid down before (under 8.226).

‘Betrothed by deception’ — actually wanting in limbs, or having superfluous limbs.

Since the text mentions the presence of defects as the ground for repudiation, it follows that even in the presence of such minor defects as are not mentioned here, — one may abandon the girl, even after betrothal. — (72)

 

Explanatory notes by Ganganath Jha:

‘Vipraduṣṭām’ — ‘Blemished, by bodily defects’ (Medhātithi, Kullūka, Rāghavānanda and Nandana); ‘belonging to a base family’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 492), to the effect that it is not only the giver of a defective maiden that is to be punished, but the girl herself is to be renounced in Madanapārijāta (p. 154), which adds the following notes: — ‘Vipraduṣṭā’ is one who entertains longings for another man, — ‘Chadmanā’, by showing to the bridegrom a girl other than the one to be married; — in Vīramitrodaya (Saṃskāra, p. 744), which adds the following notes: —

‘Vigarhitām’, already previously married, but ‘impenetrated;’ it quotes Medhātithi’s words as ‘pūrvam pratigṛhītām akṣatayonimapi’; ‘vipraduṣṭām,’ having her affections centred in another man; — in Saṃskāramayūkha (p. 106), which explains ‘vigarhitām,’ as ‘defective’; — and in Smṛticandrikā (Saṃskāra, p. 221), as laying down the divorcing of a girl, after the detection of some defect in her, — it explains ‘vipraduṣṭām’ as ‘vividham prakarṣeṇa duṣṭām,’ ‘having several serious defects.’

 

Comparative notes by various authors:

(verses 9.72-73)

Viṣṇu (5.162). — ‘The punishment of a thief is ordained for a suitor abandoning a girl after betrothal, if she is free from blemish.’

Yājñavalkya (1.66). — ‘If a man gives away a girl without mentioning her defects, he should be fined with the highest amercement; but the man that abandons a faultless girl betrothed to him should be punished; and if he falsely attributes defects to her, he should be fined one hundred.’

Nārada (Aparārka, p. 96). — ‘After having accepted a maiden free from defects, if the man abandons her, he should he punished; and even though he may desire another maiden he should marry the same former maiden.’

Do. (Vīramitrodaya-Saṃskāra, p. 745). — ‘One shall not find fault with a faultless bride, or with a faultless bridegroom; but if the fault is there, there is nothing wrong in mentioning it and abandoning one another.’

Kātyāyana (Do.). — ‘If a man marries a girl without proclaiming his own defects, or asks for her hand, he shall not obtain her, even though she may have been betrothed to him. In the same manner if the girl is subsequently found to have defects, the giver of her shall be punished.’

 

 

VERSE 9.73

Section V - Repudiation of the Betrothed Maiden

 

यस्तु दोषवतीं कन्यामनाख्यायौपपादयेत् ।
तस्य तद् वितथं कुर्यात् कन्यादातुर्दुरात्मनः ॥७३॥

yastu doṣavatīṃ kanyāmanākhyāyaupapādayet |
tasya tad vitathaṃ kuryāt kanyādāturdurātmanaḥ ||73||

 

If a man gives away a defective maiden, without declaring the defects, one may annul that act of the wicked girl-betrother. — (73)

 

Medhātithi’s commentary (manubhāṣya):

The defects of the maiden have been already described. If a man gives her away without declaring those defects, — one may ‘annul’ — render null and void — that ‘act’ — of giving — by returning the gift This, though already laid down in the preceding verse, has been made still clearer by the present one. — (73)

 

Comparative notes by various authors:

(verses 9.72-73)

See Comparative notes for Verse 9.72.

 

 

VERSE 9.74 [Duties of the Husband going Abroad]

Section VI - Duties of the Husband going Abroad

 

विधाय वृत्तिं भार्यायाः प्रवसेत् कार्यवान्नरः ।
अवृत्तिकर्शिता हि स्त्री प्रदुष्येत् स्थितिमत्यपि ॥७४॥

vidhāya vṛttiṃ bhāryāyāḥ pravaset kāryavānnaraḥ |
avṛttikarśitā hi strī praduṣyet sthitimatyapi ||74||

 

A man having business may go abroad, after having provided for the maintenance of his wife; for a wife, even though virtuous, may become corrupt, when distressed by want of subsistence. — (74)

 

Medhātithi’s commentary (manubhāṣya):

All that is meant by the injunction here put forth is that whenever a man goes abroad, he should do so after having made provision for his wife’s subsistence; the form of the injunction being — ‘one going abroad should make provision for the subsistence of his wife’; that is, he should so arrange it that during the time that he is away, she shall be supplied with means of sustaining her body, with food, clothing and other household requisites.

Having provided for all this, he shall‘go abroad,’ i.e., go away to foreign lands.

‘Having business.’ — ‘Business’ stands for the man’s purpose, visible (temporal) as well as invisible (spritual); the latter consisting in ‘merit’ and the former in ‘wealth’ and ‘pleasure.’ This same idea is going to be set forth again (in 76) — ‘If the man has gone abroad for the purposes of merit, etc.’

This text forbids journeying abroad and leaving the wife behind, in the absence of some such purpose as those herein mentioned.

‘Distressed by want of subsistence.’ — This points out a visible harm likely to arise; and is a purely declamatory assertion. ‘Distressed’ — troubled — ‘by want of subsistence’ — by poverty.

‘May become corrupt’ — by intercourse with other men.

‘Even though virtuous.’ — ‘Virtue’ stands for the customs and ways of the family; and she who keeps up these is ‘virtuous.’

It is quite likely that through hunger and other forms of privation, the distressed wife may fall into corruption, and maintain herself by betaking herself to another ‘husband.’ The affix in ‘praduṣyet’ indicates likelihood — (74)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 418), which explains ‘sthitimatī’ as ‘endowed with modesty and other virtues.’

 

Comparative notes by various authors:

(verses 9.74-75)

Viṣṇu (25.9-10). — ‘She shall not decorate herself with ornaments while her husband is absent from home; — nor resort to the bouses of strangers.’

Yājñavalkya (1.84). — ‘Amusements, ornamenting the body, visiting social gatherings and festivals, visiting other’s houses — these should be avoided by the woman whose husband has gone abroad.’

Śaṅkha-Likhita (Aparārka,p. 108). — ‘Swinging, dancing, amusements, picture-seeing, applying cosmetics, visiting gardens, going out in conveyances, sitting in exposed places, rich food and drink, sporting with balls, perfumes, garlands, ornaments, polishing of teeth, collyrium, and toilet, — all these should be avoided by women whose husbands have gone abroad.’

Bṛhaspati (25.9-10). — ‘While her husband is absent, a woman must avoid decorating herself, as well as dancing, singing, public spectacles or festivals and meat or intoxicating drinks.’

Hārīta (Do., p. 440). — ‘During the absence of her husband, the woman shall not adorn herself, nor unbind her hair.’

 

 

VERSE 9.75

Section VI - Duties of the Husband going Abroad

 

विधाय प्रोषिते वृत्तिं जीवेन्नियममास्थिता ।
प्रोषिते त्वविधायैव जीवेत्शिल्पैरगर्हितैः ॥७५॥

vidhāya proṣite vṛttiṃ jīvenniyamamāsthitā |
proṣite tvavidhāyaiva jīvetśilpairagarhitaiḥ ||75||

 

When the husband has gone abroad after having provided for her subsistence, she shall live on, firmly devoted to restraint. When however he has gone without providing for it, she shall subsist by unobjectionable industries. — (75)

 

Medhātithi’s commentary (manubhāṣya):

‘Restraint’ — such as, avoiding the house of others, in the absence of her husband, as she does when he is present ‘Devoted’ — fixed, observing.

When he has gone without making provision for her, she should subsist by industries; — such as, spinning, lace-making and the like. The ‘objectionable’ industries are the making of fans and such things.

These are the means of subsistence for widows, depending upon their own labour. — (75)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 438), which explains the construction as ‘vṛttim vidhāya proṣiie;’ and explains ‘jīvet’ as ‘should maintain herself by the means provided for her by her husband.’

 

Comparative notes by various authors:

(verses 9.74-75)

See Comparative notes for Verse 9.74.

 

 

VERSE 9.76

Section VI - Duties of the Husband going Abroad

 

प्रोषितो धर्मकार्यार्थं प्रतीक्ष्योऽष्टौ नरः समाः ।
विद्यार्थं षड् यशोऽर्थं वा कामार्थं त्रींस्तु वत्सरान् ॥७६॥

proṣito dharmakāryārthaṃ pratīkṣyo'ṣṭau naraḥ samāḥ |
vidyārthaṃ ṣaḍ yaśo'rthaṃ vā kāmārthaṃ trīṃstu vatsarān ||76||

 

If the husband went abroad for some sacred duty, he should be awaited for eight years; if for learning, or for fame, six years; but three years, if for pleasure. — (76)

 

Medhātithi’s commentary (manubhāṣya):

It has been said that a man may go abroad ‘on business’; the present verse proceeds to show the several kinds of ‘business,’ — the time of waiting varying with the nature of the business.

The text has said nothing as to what the wife should do after having waited for the eight years. And on this point, some people on the strength of Context, say that she should maintain herself by unobjectionable industries.

This however is not right Because, if the maintaining of herself by unobjectionable industries referred to the time after the eight years of waiting, — then, before the- lapse of that time, is she to die? Suicide is not considered desirable for her, just as it is not for the man; being, as it is, forbidden for all. Hence, the conclusion appears to be that before the lapse of the said time she shall maintain herself by unobjectionable industries; but after that she may have recourse to objectionable ones also.

Others hold that after the said time, the woman may deviate from chastity; — as says smother Smṛti text — ‘When the husband is lost, or dead, or become a renunciate, or impotent, or an outcast — in the event of these five calamities smother husband is permitted for women.’ (Parāśara).

Others again hold the following view: — Even in ignorance, it is not open to the woman to renounce her chastity. In fact, it has been laid down among the duties of women (under 5.156) that ‘on the death of her husband she shall not even utter the name of another man’; so that deviation from chastity is not permissible even on the death of her husband, — what to say as to when he has only gone abroad. As regards the Smṛti-text quoted, the word ‘pati’ ‘husband,’ is used there in the sense of protector, just as in the case of such terms as ‘grāmapati’, ‘senāpati’ and so forth. So that all that the present text means is that — ‘she should no longer remain dependent upon her husband, she may undertake the work of the toilet-maid or some such thing, under another man who would give her food’; and when she has entered into a contract for such service extending over six months, or a year — if the husband happen to turn up and claim her, asking the employer to give her up, — he can claim her restitution, before the lapse of the eight years; as before that she belongs to her husband.

Other matters relating to this subject have been fully dealt with under Discourse V.

This same view has been accepted by many others also.

Other people, however, hold that the text sanctions recourse to the life of the ‘remarried widow’ (after the lapse of the time mentioned). If a woman is abandoned by her husband, — or if her husband, after having made provision for her, does not return during the said time, and she is as good as abandoned by him, — ‘then, she may he married by another man, according to the practice of ‘widow remarriage’; and if the former husband happen to return after that, he can say nothing, and she shall continue to be the wife of the second husband.

This however is not right; since ‘neither by sale nor by repudiation is the wife released from her husband.’ (Manu 9.46); and the uses of this text we shall explain later on.

‘For a sacred duty’ — The compound ‘dharmakāryam’ being explained as a karmadhāraya — ‘dharma’ — ‘sacred’ — ‘kārya’ — duty; and that which is for purposes of this is ‘dharmakāryārtham.’

Objection — “For the house-holder, wherefore should there he any protracted journey abroad for a sacred duty? It is incumbent upon him to attend upon the Fires, to perform the

Five Sacrifices. How too can he remain away during the spring season? Since he has got to perform the Jyotiṣ -sacrifice during the spring. Even such acts as bathing in sacred places and the like, which are enjoined by Smṛti texts, have to be performed by him only so long as they are compatible with those laid down by Śruti texts. These could not be possible even for one who has gone abroad after having made arrangements for the maintenance of the fires and other such Śrauta rites. Since it has been laid down that ‘journeys, after proper arrangements during absence, are permissible only till the next New or Full Moon’; and it has also been declared that ‘on the New or Full Moon Day the man shall pour the libations himself.’ Even for one who has not laid the Fires, if pilgrimages were undertaken, — even though these and the performance of the Five Sacrifices would stand upon the same footing, both being laid down by Smṛti texts, — yet as both the acts are laid down as to be done by him along with his wife, there should be no pilgrimage if the wife were left behind.”

Our answer to the above is as follows: — What is said here refers to the commands of one’s elders; — ‘i.e., to the case where the man is sent out by his elders, either for acquiring merit, a for attendance upon the king, or on some business of their own, — this going abroad would be ‘for a sacred duty.’ Or, it may refer to the performance of such Expiatory Rites as consist in wandering about hermitages and such places. Or, ‘for satred duty’ may stand for the acquiring of wealth, — the man being poor and seeking to earn wealth by some means. ‘Or for the sake of learning.’ —

Objection — “But the taking of a wife is possible only.after one has taken the Final Bath, which is possible only for one who has completed his studies and already acquired learning; wherefore then could there be any possibility for a married man to seek for learning?”

It has been already explained that even after learning a little of what is contained in the Veda, a man becomes entitled to marry, and also to the Final Bath and other Ceremonies.

“This cannot be right; there is Final Bath only after the ‘enquiry into Dharma’ has been completed; and ‘enquiry’ consists in “coming to a definite conclusion after due consideration and clearing of doubts.”

True; but the present text does not contain the injunction that ‘one should seek for learning.’ If it were so, then it would be already included under the ‘purpose of sacred duty’. Then again, even though the man may have acquired sufficient learning to entitle him to Bath and Marriage, yet it would be open to him to seek for further proficiency and practice, specially in the new sciences.

Journey is said to be ‘for fame’, when one goes abroad for advertising his bravery or learning.

‘For pleasure’, — for instance, when one follows a prostitute; or goes about seeking for a more desirable wife.

Another Smṛti text lays down the period of time in reference to the children born: — Says Viṣṇu — ‘The Brāhmaṇa shall wait till eight children are born, the Kṣatriya six and the Vaiśya four.’

There is no time-limit in the case of Śūdras. But some people declare the limit in their case to be one year. — (76)

 

Explanatory notes by Ganganath Jha:

Kullūka, Nārāyaṇa and Rāghavānanda hold that after the expiration of the terms mentioned, the wife shall go to seek her husband. Nandana says — ‘the meaning is that no sin is committed if she afterwards takes another husband’. — Medhātithi, having noted and dismissed two other explanations — (a) that ‘she should maintain herself by blameless methods’ [which is the explanation attributed to Medhātithi himself by Buhler], and (b) that ‘she may have intercourse with another man*, — propounds the explanation that ‘she may take service under another man as a toilet-woman in his house, and on the return of her husband, she may return to him, if he can induce her to go.’ He also notes and rejects the explanation of the ‘ancients’ that ‘she may marry another man.’

 

Comparative notes by various authors:

Nārada (12.98-101). — ‘Eight years shall a Brāhmaṇa woman wait for the return of her absent husband; or four years, if she has no issue; after that she may betake herself to another man. A Kṣatriya woman shall wait six years; or three years if she has no issue; a Vaiśya woman, for three years if she has issue; otherwise, two years. No definite period is prescribed for a Śūdra woman, whose husband has gone on a journey. Twice the above periods is ordained for eases where the absent husband is alive and tidings are received of him. The above rules have been laid down for those cases where a man has disappeared. No offence is imputed to a woman if she goes to live with another man after the fixed period has elapsed.’

Gautama (18.15-17). — ‘A wife must wait for six years, if her husband has disappeared. If he is heard of, she shall go to him. But if the husband has become a Renunciate, his wife must refrain from intercourse with men. The wife of a Brāhmaṇa who has gone abroad for study must wait for twelve years.’

Vaśiṣṭha (17.75-80). — ‘The wife of an emigrant shall wait for live years. After five years have passed, she may go out to seek her husband. If, for reasons connected with spiritual or pecuniary matters, she be unwilling to leave her home, she must behave in the same manner as if her husband were dead. In this manner a Brāhmaṇa woman with issue shall wait five years, and one having no issue, four years; a Kṣatriya woman with issue, five years, and one without issue, three years; a Vaiśya woman with issue, five years, and one without issue, two years; a Śūdra woman with issue, three years and one without issue, one year. After that, she shall live among those who are united with her husband, in interest, or by birth, or by the funeral cake, or by water-libations, or by descent from the same family, — each earlier named person being more venerable than the following one. But while any member of the family is living, she shall never go to a stranger.’

 

 

VERSE 9.77 [The Recalcitrant Wife: Supersession, Divorce]

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

संवत्सरं प्रतीक्षेत द्विषन्तीं योषितं पतिः ।
ऊर्ध्वं संवत्सरात् त्वेनां दायं हृत्वा न संवसेत् ॥७७॥

saṃvatsaraṃ pratīkṣeta dviṣantīṃ yoṣitaṃ patiḥ |
ūrdhvaṃ saṃvatsarāt tvenāṃ dāyaṃ hṛtvā na saṃvaset ||77||

 

For one year the husband shall bear with a hating wife; after the year he shall wrest her property and cease to co-habit with her. — (77)

 

Medhātithi’s commentary (manubhāṣya):

‘Hating’ — she who hates her husband.

The meaning of the verse is that he shall not turn her out of the house. Though the use of the root ‘vas’ with ‘sam’ is not compatible with the Accusative ending in ‘enam’; and ‘samvaset’, ‘co-habit’, would stand for ‘samvāsayet’, ‘allowed to live with him yet it should be taken to mean ‘chiding’. Even in the case of grievious sins, the woman is not to be turned away, since it has been laid down that ‘she is to be kept imprisoned in one room’; similarly, in the case of expiatory rites in connection with such sins. The confiscation of her property also is for the purpose of bringing her to her senses; and it does not mean absolute taking away of all her belongings. — (77)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 423).

 

Comparative notes by various authors:

(verses 9.77-84)

Nārada (12.92-95). — ‘The woman who wastes the entire property of her husband under the pretence that it is her own strīdhana, or who procures abortion, or who makes an attempt on her husband’s life, — the King shall banish her from the town. One who always shows malice to him, or makes unkind speeches, or eats before her husband, — he shall expel from his house. Let not a husband show love to a barren woman, or to one who gives birth to female children only, or whoso conduct is reprehensible, or who constantly contradicts him; if he does love conjugal intercourse with her, he becomes liable to censure himself. If a man forsakes a wife who is obedient, sweet-spoken, skilful, virtuous and the mother of male issue, — the King shall make him mindful of his duty by inflicting severe punishment.’

Yājñavalkya (1.73). — ‘One who drinks wine, or is diseased, or guileful, or barren, or destructive of wealth, or harsh-tongued, or brings forth only female children, or bears malice towards her man, — shall be superseded.’

Āpastamba (Aparārka, p. 100). — ‘So long as one’s wife is endowed with virtue and offspring, one shall not take to another wife; if she be wanting in either of the two, he shall take to another.’

Baudhāyana (2.4-516). — ‘Let him abandon a barren wife in the tenth year; one who bears daughters only, in the twelfth; one whose children all die, in the fifteenth; but her who is quarelsome, without delay.’

Do. (Vivādaratnākara, p. 425). — ‘If she does not attend upon him, or is barren or inimical to her husband, — such a wife the wise men always abandon; as also one who talks hurriedly and harshly.’

Viṣṇu (Vivādaratnākara, p. 423). — ‘He who forsakes a faultless wife should be punished like a thief.’

Devala (Do.). — ‘There is no expiation for the man who forsakes his wife, through folly and unjustly, and thereby abandons his duty and also progeny; hut he may abandon her if she is leprous or outcast or barren, or insane or with menstruation disorganised, or inimical towards himself.’

Vaśiṣṭha (Do.). — ‘One who is averse to sexual intercourse, or to pilgrimage, or to the performance of her duties, or who has intercourse with a disciple or an elder, — these four kinds of wife should he abandoned; specially one who is prone to injure her husband.’

Hārīta (Do.). — ‘He shall avoid a wife who destroys her embryo, has intercourse with lower castes, or with his disciples and sons, or is addicted to vicious habits, or is in the habit of wasting money and-grains.’

Do. (Vīramitrodaya-Saṃskāra, p. 873). — ‘The childless wife should be abandoned in the ninth year; one who loses her children, in the tenth year; one who gives birth to daughters only, during the eleventh year; and one of harsh words, immediately.’

Śaṅkha-Likhita (Vīramitrodaya-Saṃskāra, p. 872), — ‘One shall supersede a wife who is habitually unpleasant or inimical towards men, or disagreeable.’

Devala (Do.). — ‘If a wife gives birth to too many children, the husband shall wait for eight years; if she is barren and otherwise defective, ten years; if she gives birth to daughters only, for twelve years, — and then, desirous of male issue, he shall take another wife in the lawful manner.’

Brahmapurāṇa (Parāśaramādhava — Ācara, p. 508). — ‘If the wife is one that puts obstacles in the way of the performance of religious acts, or is unchaste, or is very much diseased, — the husband shall abandon her, for the; preservation of his righteousness; — if she is harsh of speech, he shall not abandon her, but supersede her; nor shall he give up having intercourse with her.’

Dakṣa (Aparārka, p. 113). — ‘If the first wife, who is the wife-in-law, becomes faulty, then alone he shall take another wife with better qualities.’

 

 

VERSE 9.78

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

अतिक्रामेत् प्रमत्तं या मत्तं रोगार्तमेव वा ।
सा त्रीन् मासान् परित्याज्या विभूषणपरिच्छदा ॥७८॥

atikrāmet pramattaṃ yā mattaṃ rogārtameva vā |
sā trīn māsān parityājyā vibhūṣaṇaparicchadā ||78||

 

If the wife disregards her husband who is mad, or intoxicated, or afflicted by disease, she should be deprived of ornaments and appurtenances and abandoned for three months. — (78)

 

Medhātithi’s commentary (manubhāṣya):

‘Disregarding’ means neglect of his service, omitting to look after his medication and diet; it does not stand for having recourse to another man.

The ‘abandoning’ for three months also stands only for the omitting of endearing caresses, etc., for reasons already given.

She shall be deprived of ‘ornaments’, such as necklaces, bracelets and so forth; — ‘and of appurtenances’ — such as vessels, water-jars, slaves and slave-girls, etc., etc. — (78)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 423).

 

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

 

 

VERSE 9.79

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

उन्मत्तं पतितं क्लीबमबीजं पापरोगिणम् ।
न त्यागोऽस्ति द्विषन्त्याश्च न च दायापवर्तनम् ॥७९॥

unmattaṃ patitaṃ klībamabījaṃ pāparogiṇam |
na tyāgo'sti dviṣantyāśca na ca dāyāpavartanam ||79||

 

If, however, she shows aversion to one who is mad, or an outcast, or impotent, or seedless, or afflicted with foul disease, there shall be no desertion, nor the wresting of her property. — (79)

 

Medhātithi’s commentary (manubhāṣya):

‘Impotent’ and ‘seedless’, both denote absence of manly vigour; the only difference is that while the former indicates futility of the seed, the latter implies total absence of virility.

If a wife shows an aversion to such a husband, she is not to suffer punishment.

‘Wresting’ — means confiscation. Banishment, stopping of food and such other punishments have been forbidden by other Smṛti-texts. — (79)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 423).

 

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

 

 

VERSE 9.80

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

मद्यपाऽसाधुवृत्ता च प्रतिकूला च या भवेत् ।
व्याधिता वाऽधिवेत्तव्या हिंस्राऽर्थघ्नी च सर्वदा ॥८०॥

madyapā'sādhuvṛttā ca pratikūlā ca yā bhavet |
vyādhitā vā'dhivettavyā hiṃsrā'rthaghnī ca sarvadā ||80||

 

If the wife is a drunkard, or false in conduct, or rebellious, or diseased or mischievous, or wasteful, — she should be superseded. — (80)

 

Medhātithi’s commentary (manubhāṣya):

‘Drunkard’ — addicted to drinking wine; and hence incapable of looking after cooking, and other household work. Such a woman deserves “supersession.” If she persists in drinking, even after she has been forbidden by her elders, she shall undergo the punishment laid down later on, in verse 84. For the sin of transgressing what she ought to observe, she should perform an expiatory rite; but on repetition, she shall be superseded.

Other grounds for supersession have been laid down as hampering the due fulfilment of religious rites, begetting of children and other household duties.

In the case of the Brāhmaṇa woman, for whom wine-drinking has been forbidden by the scriptures, there is to be expiation of the sin of drinking, if the act is not repeated. She does not become an outcast, since the grounds for women being outcasts have been enumerated — ‘abortion, and service of low-born men are the grounds for women becoming outcasts’ — (says Gautama, 21.9.) All this we shall explain under Discourse XI; it has been dealt with under Discourse V also.

‘False in Conduct’ — whose conduct is not good; for instance, whose treatment of servants is harsh, who takes her food even before the religious offerings have been made, who has no faith in rites in honour of gods and pitṛs, or in the feeding of Brāhmṇnas and such religious acts.

‘Wasteful’ — who is a spendthrift, and does not take proper care of her utensils and furniture, and buys them at high prices and so forth.

‘Mischievous’ — who is inclined to inflict punishments for very small offences (?), and who is prone to interfere with ordinary daily expenditure (?).

‘Supersession’ — i.e., marrying of a wife over and above the said one. — (80)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 508), which explains ‘vyādhitā’ as ‘suffering from a long lingering disease — in Madanapārijāta (p. 188), which adds the following notes: — ‘Madyapā’, the woman who is addicted to drinking what is forbidden for the caste to which she belongs, — ‘asatyavṛttā,’ whose conduct is not good, — ‘pratikūlā,’ in the habit of doing tilings disagreeable to her husband and of beating her children, servants and others, — ‘arthaghnī,’ prone, through idleness, to wasting money, — ‘adhivedana’ means the taking of another wife.

It is quoted in Aparārka (p. 100), which adds the note that ‘vyādhitā’ means suffering from a lingering disease; — it quotes this verse in support of the view that what is meant to be a ground for superseding the wife is not the drinking of liquor, but the drinking of any intoxicant; the drinking of wine being one of the ‘serious’ sins, it would make the woman liable to be renounced, and not only superseded.

It is quoted in Vīramitrodaya (Saṃskāra, p. 871), whieh adds that ‘Madyapā’ here has been held by older writers to refer only to women of the twice-born castes; but in reality it refers to all the four castes, for all of whom the drinking of all the three kinds of ‘wine’ — Gauḍī, Mādhvī and Paiṣṭī — is forbidden; — ‘asatyavṛttā’ is ill-behaved or untruthful; — ‘pratikūlā,’ acting in ways injurious to her husband; — ‘vyādhitā,’ suffering from such diseases as render her unfit for household work; — ‘hiṃsrā’, addicted to beating children and maidservants; — ‘arthaghnī’, ‘prone to wasting the wealth acquired;’ — ‘sarvadā’ is to be construed as qualifying ‘asatyavṛttā’ and the other epithets, — the meaning being the wife who is always untruthful.

It is quoted in Saṃskāraratnamālā (p. 592), which explains ‘vyādhitā’ as a ‘confirmed invalid.’

 

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

 

 

VERSE 9.81

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

वन्ध्याष्टमेऽधिवेद्याब्दे दशमे तु मृतप्रजा ।
एकादशे स्त्रीजननी सद्यस्त्वप्रियवादिनी ॥८१॥

vandhyāṣṭame'dhivedyābde daśame tu mṛtaprajā |
ekādaśe strījananī sadyastvapriyavādinī ||81||

 

The barren wife shall be superseded in the eighth year; in the tenth she whose children die off; in the eleventh she who bears only daughters; but immediately she who talks harshly. — (81)

 

Medhātithi’s commentary (manubhāṣya):

The text proceeds to lay down the supersession of other kinds of wives.

Among these, the barren one should be superseded in the eighth year; in the tenth, she whose children die off.

By marrying a second wife the man shall save himself from the contingency of disobeying the injunction regarding the Laying of Fire (to which a childless person is not entitled), and that regarding the begetting of children, — to which he would be liable by reason of his wife being childless. Because, the Laying of Fire is not found to be prescribed for a sonless person.

The same holds good regarding the wife that bears only daughters; as also she whose children die off.

As regards the wife who is harsh of speech, as there is no such serious defect, there need be no supersession; and she may be forgiven. — (81)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 188), which adds that ‘adhivettavyā’ has to be supplied at the end; — in Vīramitrodaya (Saṃskāra, p. 873); — in Aparārka (p. 100); — in Nirṇayasindhu (p. 230); — in Parāśaramādhava (Ācāra, p. 508); — and in Vidhānapārijāta (II, p. 363).

 

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

 

 

VERSE 9.82

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

या रोगिणी स्यात् तु हिता सम्पन्ना चैव शीलतः ।
साऽनुज्ञाप्याधिवेत्तव्या नावमान्या च कर्हि चित् ॥८२॥

yā rogiṇī syāt tu hitā sampannā caiva śīlataḥ |
sā'nujñāpyādhivettavyā nāvamānyā ca karhi cit ||82||

 

But if a wife, who is an invalid, is well-disposed and endowed with modesty, she may be superseded after her consent has been obtained; and in no case is she to be disgraced. — (82)

 

Medhātithi’s commentary (manubhāṣya):

‘Will-disposed’ — towards her husband; devoted to his service.

The present verse enjoins — (a) that her consent is to be obtained, and (b) that she shall not be disgraced. This applies also to the case of the barren wife, and to that of one who bears only daughters; because, all these have been mentioned in the same context; and in none of these is there any reason why she should be disgraced.

‘In no cane’ — never.

‘Disgraced’ — in the form of harsh words addressed in admonition. — (82)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 100), which adds that the qualification ‘sick’ includes also the ‘barren’ wife, and ‘one who gives birth to female children only’; — in Parāśaramādhava (Ācāra, p. 508), as laying down a special consideration in the case of the devoted wife; — and in Vīramitrodaya (Saṃskāra, p. 872) which adds that ‘hitā’ is mentioned only by way of illustration.

 

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

 

 

VERSE 9.83

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

अधिविन्ना तु या नारी निर्गच्छेद् रुषिता गृहात् ।
सा सद्यः संनिरोद्धव्या त्याज्या वा कुलसंनिधौ ॥८३॥

adhivinnā tu yā nārī nirgacched ruṣitā gṛhāt |
sā sadyaḥ saṃniroddhavyā tyājyā vā kulasaṃnidhau ||83||

 

On being superseded, if a wife, in anger, should go away from the house, she shall be either immediately confined, or cast off in the presence of the family. — (83)

 

Medhātithi’s commentary (manubhāṣya):

For the wife going off in anger, caused by the super-session, — the present text lays down two optional alternatives in the shape of confinement or divorce. It would not be right in such a case for either the mother-in-law or the father-in-law and other relations to console her and appease her anger by means of presents of food and clothing, or by sweet words, eta

‘Confinement’ consists in placing her in the charge of guards.

‘Divorce’, ‘Casting off’, has already been explained as consisting in dropping intercourse with her, and avoiding her bed.

‘Family’ — Relations, on the woman’s father’s side, as also those of the husband’s own side. — (83)

 

Explanatory notes by Ganganath Jha:

‘Kula’ — ‘His own relations as well as the wife’s parental relations’ (Medhātithi); — ‘either the family members or the public, according to circumstances’ (Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 69), which adds that ‘casting off’ means ‘sending her to her father’; — in Parāśaramādhava (Prāyaścitta, p. 288), which explains ‘tyājyā’ as ‘left among her own paternal relations, till such time as she is free from her defects’; — in Vidhānapārijāta (II, p. 59); — in Aparārka (p. 101), which explains ‘kulasannidhau’ as ‘pitrādikulasannidhau’, in the presence of her father and other members of the family; — in Nirṇayasindhu (p. 230); — in Vīramitrodaya (Saṃskāra, p. 874), which explains ‘kula’ as ‘her father and other relations’; — and in Madanapārijāta (p. 189).

 

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

 

 

VERSE 9.84

Section VII - The Recalcitrant Wife: Supersession, Divorce

 

प्रतिषिद्धाऽपि चेद् या तु मद्यमभ्युदयेष्वपि ।
प्रेक्षासमाजं गच्छेद् वा सा दण्ड्या कृष्णलानि षट् ॥८४॥

pratiṣiddhā'pi ced yā tu madyamabhyudayeṣvapi |
prekṣāsamājaṃ gacched vā sā daṇḍyā kṛṣṇalāni ṣaṭ ||84||

 

If the wife, though forbidden, drinks wine even at festivals or visits, shows and assemblies, she shall be fined six ‘Kṛṣṇalas’. — (84)

 

Medhātithi’s commentary (manubhāṣya):

‘Forbidden’, — by elders and relations.

The fine here prescribed is for the woman belonging to the Kṣatriya and other lower castes; and not for the

Brāhmaṇa woman, who cannot be let off by the small fine here prescribed; in her case the fine shall be a heavy one. Further, there is no chance of the latter partaking of wine at festivals. It is only the former class of women for whom wine-drinking is not entirely prohibited, who are found to give themselves to much drinking, when they come together on festive occasions; and it is in view of this that they are forbidden.

This fine is to be inflicted by the husband. Even though the inflicting of punishments in the duty of the king, yet, inasmuch as the husband is the ‘lord’ of his wife, he is regarded as competent to inflict the fine; specially as it is found that people are considered free to inflict fines upon servants and other dependents, in certain cases.

‘Festivals’ — rejoicings in connection with the birth of a son, marriages and the like.

‘Shows’ — theatrical and other spetacles (spectacles?).

‘Assemblies’ — large crowds of men.

This fine is to be imposed upon the woman who evinces anxiety to visit these. — (84)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 437).

 

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

 

 

VERSE 9.85 [Seniority among Co-wives]

Section VIII - Seniority among Co-wives

 

यदि स्वाश्चापराश्चैव विन्देरन् योषितो द्विजाः ।
तासां वर्णक्रमेण स्याज् ज्येष्ठ्यं पूजा च वेश्म च ॥८५॥

yadi svāścāparāścaiva vinderan yoṣito dvijāḥ |
tāsāṃ varṇakrameṇa syāj jyeṣṭhyaṃ pūjā ca veśma ca ||85||

 

When twice-born men wed women of their own as well as other castes, their seniority, honour and habitation shall be according to the order of their castes. — (85)

 

Medhātithi’s commentary (manubhāṣya):

If urged by carnal desire, men should wed women belonging to the same caste as themselves, or those belonging to other castes, then their ‘seniority’ shall depend upon ‘the order of their castes,’ — and not upon age, nor upon the order of their age.

‘Honour’ — consisting in the presenting of fruits and other things.

‘The order of the caste’ is that the Brāhmaṇa-wife comes first, then the Kṣatriya, then the Vaiśya.

‘Habitation’ — i.e., the principal apartments. This belongs to the Brāhmaṇa-wife.

Among wives of the same caste, all this is governed by the order of their marriage. — (85)

 

Explanatory notes by Ganganath Jha:

Cf. the Mahābhārata 13.47.31.

This verse is quoted in Parāśaramādhava (Ācāra, p. 509), as laying down the order in which the several wives of a man are to be honoured; — in Smṛtitattva (p. 298) as declaring who is to be regarded as the ‘Senior’ wife,

‘Jyesṭhā’; — also in Vol. II, p. 191; — in Vivādaratnākara (p. 419), which explains ‘svāḥ’ as ‘belonging to the same caste as her husband,’ and ‘svāvarāḥ’ (which is its reading for ‘aparāḥ’) as ‘belonging to a different caste’; — in Vīramitrodaya (Vyavahāra, 198a); — and by Jīmūtavāhana (Dāyabhāga, p. 257), which says that the wife of one’s own caste, even though married later, would be the Senior and hence entitled to associate with the husband in his religious acts.

 

Comparative notes by various authors:

(verses 9.85-87)

Viṣṇu (26.1-4). — ‘If a man has several wives of his own caste, he shall perform his religious duties with the eldest wife. If he has several wives of diverse castes, he shall perform them, even with the youngest wife, if she is of the same caste as himself. On failure of a wife of his own caste, be shall perform them with one belonging to the caste next below his own; so also in cases of distress; — but no twice-born man shall ever do it with a Śūdra wife.’

Yājñavalkya (1.88). — ‘So long as a wife of the same caste as himself is alive, he shall not have his religious acts done by another; and among several wives of the same caste, the younger one shall not be employed in religious acts, except along with the eldest.’

Kātyāyana (Vivādaratnākara, p. 420). — ‘If a man has several wives, he should have his religious acts, such as the tending of the Sacrificial Fire, done by one who belongs to the same caste as himself; if there are several of the same caste as himself, then by the eldest among them, if she is not defective; or by one who has given birth to a heroic son and is most obedient to him, skilful, sweet-speaking and pure.’

 

 

VERSE 9.86

Section VIII - Seniority among Co-wives

 

भर्तुः शरीरशुश्रूषां धर्मकार्यं च नैत्यकम् ।
स्वा चैव कुर्यात् सर्वेषां नास्वजातिः कथं चन ॥८६॥

bhartuḥ śarīraśuśrūṣāṃ dharmakāryaṃ ca naityakam |
svā caiva kuryāt sarveṣāṃ nāsvajātiḥ kathaṃ cana ||86||

 

Of all wives, the wife of the man’s own caste, and never that of a different caste, shall attend to the husband’s personal service, as also to his daily sacred rites. — (86)

 

Medhātithi’s commentary (manubhāṣya):

‘Personal service’ — i.e., cooking his food, making gifts on his behalf, keeping vigils for him, and so forth.

All this the wife belonging to the man’s own caste shall attend to.

There is no such restriction however regarding such service as shampooing the back and the feet, washing of the feet and so forth.

The declamatory supplement to this follows in the next verse. — (86)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 509); — in Vivādaratnākara (p. 419); — in Vīramitrodaya (Vyavahāra, 198a); — and by Jīmūtavāhana (Dāyabhāga, p. 259).

 

Comparative notes by various authors:

(verses 9.85-87)

See Comparative notes for Verse 9.85.

 

 

VERSE 9.87

Section VIII - Seniority among Co-wives

 

यस्तु तत् कारयेन् मोहात् सजात्या स्थितयाऽन्यया ।
यथा ब्राह्मणचाण्डालः पूर्वदृष्टस्तथैव सः ॥८७॥

yastu tat kārayen mohāt sajātyā sthitayā'nyayā |
yathā brāhmaṇacāṇḍālaḥ pūrvadṛṣṭastathaiva saḥ ||87||

 

While the wife of the same caste is alive, if through folly, one causes these duties to be performed by another wife, he is a ‘Brāhmaṇa-Cāṇḍāla’, as has been held by the ancients. — (87)

 

Medhātithi’s commentary (manubhāṣya):

If a man gets all this done by ‘another wife’ — one belonging to a different caste — while she of the same caste, is still living, — he, though a Brāhmaṇa, is as good as a ‘Caṇḍāla.’ This has been so held by the ancients. — (87)

 

Explanatory notes by Ganganath Jha:

‘Pūrvadṛṣṭaḥ’ — ‘Known by the ancients’ (Kullūka, Rāghavānanda and Nandana); — ‘known from olden times’ (Medhātithi); — ‘declared in the Purāṇas (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 419); — in Vīramitrodaya (Vyavahāra, 198a); — and by Jīmūtavāh ana (Dāyabhāga, p. 259).

 

Comparative notes by various authors:

(verses 9.85-87)

See Comparative notes for Verse 9.85.

 

 

VERSE 9.88 [The Marriage of Girls]

Section IX - The Marriage of Girls

 

उत्कृष्टायाभिरूपाय वराय सदृशाय च ।
अप्राप्तामपि तां तस्मै कन्यां दद्याद् यथाविधि ॥८८॥

utkṛṣṭāyābhirūpāya varāya sadṛśāya ca |
aprāptāmapi tāṃ tasmai kanyāṃ dadyād yathāvidhi ||88||

 

One shall give his daughter in the proper form, even though she may not have attained (the age), to a bridegroom who is of exceptionally distinguished appearance, and her equal. — (88)

 

Medhātithi’s commentary (manubhāṣya):

‘Utkṛṣṭāyci-abhirupāya.’ — The first term qualifies the second; and the meaning is ‘who is of exceptionally distinguished appearance.’ — Or, the two terms may be taken as two distinct qualifications — ‘utkṛṣṭāya’ meaning ‘one whose caste and other qualifications are remarkable,’ and ‘abhirūpāya’ meaning ‘handsome’; — the literal signification of the term being ‘rūpam ābhimukhyena prāptaḥ,’ ‘who has acquired a good appearance.’ — Or, ‘abhirūpāya’ may mean well-disposed; it is in this sense that a learned man also is called ‘abhirūpa.’

‘Equal’ — in caste and other matters.

‘Bridegroom’ — one who marries; the son-in-law.

‘She who has not attained’; — i.e., who has no carnal desires aroused, who is still too young, not having reached the youthful age, — called ‘nagnikā’ in another Smṛti-text; i.e., one in whom the sexual instinct has not arisen, who is only eight or six years old, — but not a mere infant; as is indicated by the qualifications (elsewhere) — ‘one who is eight years old.’ This same qualification may also be indicative of the fact that marriage is meant to be conducive to spiritual merit If mere Lust were the sole inducement to Marriage, wherefore could there be any marriage of the girl ‘who has not attained her age’?

There is no force however in this; as people are found to many very young girls with a view to her dowry. And it has been fully explained under Discourse III that all forms of activity are not in accordance with what is laid down in the scriptures. — (88)

 

 

Explanatory notes by Ganganath Jha:

‘Aprāptām’ — ‘Who has not attained the marriageable age,’ (Medhātithi and Rāghavānanda); — ‘who has not attained eight years of age’ (Kullūka and Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 481), which explains ‘aprāptām’ as ‘one whose marriage time has not arrived, i. e., who is still a child’; — in Smṛtitattva (II, p. 124), which explains ‘aprāptām’ as ‘one who has not attained the age that is most commended for marriage’; — in Vīramitrodya (Saṃskāra, p. 755), which reproduces the explanation of ‘aprāptām’ given in Parāśaramādhava; — in Smṛtikaumudī (p. 39), as countenancing the marrying of a girl even before she is of the proper age; — in Śuddhikaumudī (p. 30) to the same effect; — and in Saṃskāramayūkha (p. 103), which explains ‘aprāptām’ as ‘one who has not attained the right age,’ who may be given away in consideration of the special qualifications of the bridegroom.

 

Comparative notes by various authors:

(verses 9.88-89)

Gautama (18-21). — ‘A girl should be given in marriage before puberty.’

Vaśiṣṭha (17.70). — ‘Out of fear of the appearance of the menses, let the father marry his daughter while she still runs about naked. For if she stays in the home after the age of puberty, sin falls on the father.’

Baudhāyana (4. 1.11). — ‘Let him give his daughter, while she still goes about naked, to a man who has not broken the vow of chastity and who possesses good qualities, or even to one destitute of good qualities; let him not keep the maiden in his house after she has reached the age of puberty.’

Yama (Vīramitrodaya-Saṃskāra, p. 754). — ‘Family, character, beautiful body, age, learning, wealth, presence of guardians, — these seven qualifications should he sought for before a girl is given away; nothing else need he considered.’

Lalla (Do.). — ‘Caste, learning, age, character, health, large family, wealth, Brahmanic character, — these eight should he the qualities of the Bridegroom.’

Gautama (Do.). — ‘One should give away his daughter to a man who is endowed with learning, character, relations and good conduct.’

Śātātapa (Do., p. 755). — ‘That bridegroom should he selected who is seeking for a wife and is endowed with good family and character, handsome, learned, intelligent and young, and free from defects.’

 

 

VERSE 9.89

Section IX - The Marriage of Girls

 

काममामरणात् तिष्ठेद् गृहे कन्यार्तुमत्यपि ।
न चैवैनां प्रयच्छेत् तु गुणहीनाय कर्हि चित् ॥८९॥

kāmamāmaraṇāt tiṣṭhed gṛhe kanyārtumatyapi |
na caivaināṃ prayacchet tu guṇahīnāya karhi cit ||89||

 

Well might the maiden, even though she may have reached puberty, remain in the house till her death; but the father shall never give her to a man destitute of good qualities. — (89)

 

Medhātithi’s commentary (manubhāṣya):

As a rule, the girl should be given away before puberty; but even after puberty, the father should not give her away until a qualified bridegroom has been found.

‘Qualities’ — such as a high degree of learning, bravery, physical beauty, right age, being averse to doing acts forbidden by custom and scriptures, love for the bride; and so forth. — (89)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 93), which adds that what is meant is that ‘so long as a man with good qualifications is not available she shall not be given to one devoid of qualifications,’ and not that there is nothing wrong, under the circumstances, to keep the girl unmarried even after puberty; as this latter view is contrary to other texts.

It is quoted in Smṛtitattva (II, p. 124), which adds that all that is meant is that the girl should not be given to a man devoid of qualifications; — in Smṛtikaumudī (p. 38); — in Hemādri (Kāla, p. 804), which says that what is meant is that ‘she should not be given to a man without qualifications when a qualified man is available,’ and it is not meant that a girl should never be given to a man without qualifications; — in Smṛticandrikā (Saṃskāra, p. 216), which has the same note; — in Saṃskāraratnamāla (p. 456), which also has the same note; — and in Saṃskāramayūkha (p. 102), which says that ‘api’ and ‘kāmam’ indicate that the verse is not to be taken in its literal sense; all that is meant is to eulogise the marrying of the girl to a qualified man.

 

Comparative notes by various authors:

(verses 9.88-89)

See Comparative notes for Verse 9.88.

 

 

VERSE 9.90

Section IX - The Marriage of Girls

 

त्रीणि वर्षाण्युदीक्षेत कुमार्यर्तुमती सती ।
ऊर्ध्वं तु कालादेतस्माद् विन्देत सदृशं पतिम् ॥९०॥

trīṇi varṣāṇyudīkṣeta kumāryartumatī satī |
ūrdhvaṃ tu kālādetasmād vindeta sadṛśaṃ patim ||90||

 

Having reached puberty, the maiden may wait for three years; after that time, she shall procure a suitable husband. — (90)

 

Medhātithi’s commentary (manubhāṣya):

‘Puberty’ — menstruation; after menstruation she may stay in her father’s house ‘for three years’; after that, in the event of a distinguished bridegroom not forthcoming, she shall choose a ‘suitable husband’ — one who is her equal in caste. — (90)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 484); — in Vīramitrodaya (Saṃskāra, p. 772); — in Hemādri (Kāla, p. 805) — in Smṛticandrikā (Saṃskāra, p. 217); — and in Saṃskāra-ratnamālā (p. 501).

 

Comparative notes by various authors:

(verses 9.90-92)

Mahābhārata (13.44.15). — (Same as Manu, but reading ‘svayam bhartāramarjayet’ for the last foot.)

Baudhāyana (4.10.14). — ‘Three years let a marriageable damsel wait for the order of her father. But after that time, let her choose for herself, in the fourth year, a husband of the same caste. If no one of equal rank is to be found, she may take even one destitute of good qualities.’

Gautama (18-20). — ‘A marriageable maiden who is not given in marriage shall allow three monthly periods to pass, and afterwards unite herself, of her own will, to a blameless man, giving up the ornaments received from her father or his family.’

Vaśiṣṭha (17.67-68). — ‘A maiden who has attained puberty shall wait for three years; — after three years, she may herself take a husband of equal caste.’

Viṣṇu (24.40). — ‘When she has allowed three monthly periods to pass without being married, let her choose a husband for herself; three monthly periods having passed, she has, in every case, full power to dispose of herself as she thinks best.’

Yājñavalkya (1.64). — ‘If there are no persons to give her away, the maiden shall herself take a suitable husband.’

Nārada (12.22-23). — ‘If no such person be in existence as should marry her, let the maiden approach the King, and let her, with his permission, betake herself to a bridegroom of her own choice, who belongs to her own caste, and is a suitable match in point of descent, morality, age and sacred learning. Let her discharge her religious duties in common with him, and bear children to him.’

Yama (Vīramitrodaya-Saṃskāra, p. 773). — ‘If, for twelve years, the girl remains unmarried in her father’s house, the guilt of embryo-killing falls upon the father, and the maiden shall choose her own husband.’

 

 

VERSE 9.91

Section IX - The Marriage of Girls

 

अदीयमाना भर्तारमधिगच्छेद् यदि स्वयम् ।
नैनः किं चिदवाप्नोति न च यं साऽधिगच्छति ॥९१॥

adīyamānā bhartāramadhigacched yadi svayam |
nainaḥ kiṃ cidavāpnoti na ca yaṃ sā'dhigacchati ||91||

 

When a maiden, when not given away, herself procures a husband, she incurs no sort of sin; nor does the man whom she weds. — (91)

 

Medhātithi’s commentary (manubhāṣya):

After three years, if not given away, if the girl chooses a husband, — then, no sort of guilt accrues either to the girl or to the man.

That the girl incurs no sin having been already mentioned in the foregoing verse, the present verse is added for the purpose of declaring that there is none on the part of the bridegroom either.

Puberty has been declared to be reached by girls when they are twelve years old. — (91)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 772); — in Parāśaramādhava (Ācāra, p. 484), which says that the meaning is that the man whom she takes as husband does not incur any sin in marrying her; — in Hemādri (Kāla, p. 805), which explains the last clause to mean that the man also incurs no sin; — in Smṛticandrikā (Saṃskāra, p. 217), which has the same note; — and in Saṃskāraratnamālā (p. 501) which explains ‘adīyamānā’ as ‘not given away’, either on account of the absence of a giver, or on account of the giver, though present, being disregarded, and reproduces Mādhava’s explanation.

 

Comparative notes by various authors:

(verses 9.90-92)

See Comparative notes for Verse 9.90.

 

 

VERSE 9.92

Section IX - The Marriage of Girls

 

अलङ्कारं नाददीत पित्र्यं कन्या स्वयंवरा ।
मातृकं भ्रातृदत्तं वा स्तेना स्याद् यदि तं हरेत् ॥९२॥

alaṅkāraṃ nādadīta pitryaṃ kanyā svayaṃvarā |
mātṛkaṃ bhrātṛdattaṃ vā stenā syād yadi taṃ haret ||92||

 

When the girl chooses her own husband, she should not take away any ornaments given to her either by her father, or mother or brother; if she did take them, she would be a thief. — (92)

 

Medhātithi’s commentary (manubhāṣya):

Ornaments that may have been given to her on previous occasions by her brother or other relations, who would be ignorant of her desire to choose her own husband, — all such ornaments she should hand back to them. She is not to give up what has been given to her after she has actually done the act

It is only when the ornament has been given to her beforehand by persons, with the motive that she shall not be given to a particular person, — and yet it is this same person that the girl chooses for her husband, — it is not right for her to retain the gift

‘Stenaḥ,’ in the masculine form, is another reading for ‘Stenā’; in which case the ‘theft’ would lie upon the bridegroom; in which case, the father should force him to give up the ornament. — (92)

 

Explanatory notes by Ganganath Jha:

‘Stenaḥ’ is not the reading of Medhātithi, who only notes it as a vār. lec.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 772); — in Nirṇayasindhu (p. 223); — in Aparārka (p. 94); — in Madanapārijāta (p. 148); — in Smṛticandrikā (Saṃskāra, p. 217); — and in Saṃskāraratnamālā (p. 501).

 

Comparative notes by various authors:

(verses 9.90-92)

See Comparative notes for Verse 9.90.

 

 

VERSE 9.93

Section IX - The Marriage of Girls

 

पित्रे न दद्यात्शुल्कं तु कन्यां ऋतुमतीं हरन् ।
स च स्वाम्यादतिक्रामेद् ऋतूनां प्रतिरोधनात् ॥९३॥

pitre na dadyātśulkaṃ tu kanyāṃ ṛtumatīṃ haran |
sa ca svāmyādatikrāmed ṛtūnāṃ pratirodhanāt ||93||

 

When a man takes away a maiden who has reached puberty, he shall pay no nuptial fee to the father, — who would fall off from his ownership by reason of thwarting her menses. — (93)

 

Medhātithi’s commentary (manubhāṣya):

This prohibits the payment of nuptial fees in the case of the girl who has reached puberty, and who is intended to be given away for a fee; and the reason for this is that — ‘he would fall off from his ownership.’ It is only during childhood that the girl is to live under the tutilage of her father; so that when she is taken away by a man after she has reached a higher age, — the father’s ownership over her has ceased.

Even in the case of a girl who is not intended to be given away for a fee, the father’s ownership ceases, — the grounds for such cessation (i.e., the girl having reached the higher age) being equally present in her ease also.

‘Falling off’ means cessation.

‘Thwarting’ — impeding its fruition in the shape of bearing children.

Some people say that this verse does not belong to Manu. — (93)

 

Explanatory notes by Ganganath Jha:

Cf. 3, 23, 24, 51 and 52; 8.366; — 9, 46, 71, 97 and 98; — 11.62.

“According to some people, this verse does not form part of the text of Manu” — says Medhātithi. This is not his own opinion, as Hopkins wrongly asserts.

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 772); — in Madanapārijāta (p. 149); — in Nirṇayasindhu (p. 223); — in Aparārka (p. 94), which explains ‘śulka’ as the price; — and in Smṛtikaumudī (p. 38).

 

Comparative notes by various authors:

Viṣṇu (24.41). — ‘A girl, whose menses begin to appear while she is living at her father’s house, before she has been betrothed to a man, has to be considered as a degraded woman; by taking her without the consent of her kinsmen, a man commits no wrong.’

 

 

VERSE 9.94

Section IX - The Marriage of Girls

 

त्रिंशद्वर्षो वहेत् कन्यां हृद्यां द्वादशवार्षिकीम् ।
त्र्यष्टवर्षोऽष्टवर्षां वा धर्मे सीदति सत्वरः ॥९४॥

triṃśadvarṣo vahet kanyāṃ hṛdyāṃ dvādaśavārṣikīm |
tryaṣṭavarṣo'ṣṭavarṣāṃ vā dharme sīdati satvaraḥ ||94||

 

A man thirty years old shall marry a charming maiden twelve years old; or one twenty four years old, a damsel eight years old; in the event of his duties suffering, he may do it sooner. — (94)

 

Medhātithi’s commentary (manubhāṣya):

What the injunction means is that the maiden married should be so much younger than the man; — and not that marriage must be done only at. the age stated. Nor is any stress meant to be laid upon the exact number of years mentioned; all that is meant is that one should many a girl very much younger than himself.

This injunction does not occur in the section dealing with Marriage; hence, what is stated here cannot he regarded as a qualification of the persons undergoing that sacrament, and consequently, as an essential factor in the rite itself; for this same reason, it cannot be taken as precluding the age of ‘ten’ or ‘twenty-five’ or such others.

“But it is often found that even though laid down in a distinct passage, a detail does form an essential factor of an act”

True; but the very fact that the teacher has thought it fit to place the present text apart from the section on marriage is clearly indicative of the fact that he had some special purpose in this.

The practice of cultured men is also as we have stated.

Further, the age here stated can never be observed in the case of one’s son marrying a second time; so that, if the injunction were meant to be taken literally, it would mean that there should be no second marriage; and this would be absurd. — (94)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 766), which says that the following is the upshot of the texts bearing on this subject: — If the age of the girl is 8 years or less, she should be married to a man whose age is three times that of hers; if it is between 8 and 12, the age of the bidegroom should two and a half times; — if her age is between 12 and 16 then that of the bridegroom shall be two years less than the double of her age. Of the sentence ‘dharme sīdati satvaraḥ,’ it gives two explanations: — (a) if he finds that his religious duties would otherwise suffer, he may marry earlier; and (b) if he marries in haste, — i.e., if he marries before he has reached the prescribed age, or if he marries a girl whose age is lower than the one prescribed, — then he suffers in spiritual merit

It is quoted in Parāśaramādhava (Ācāra, p. 474), as laying down the extent to which the bride should be younger than the bridegroom; — in Parāśaramādhava (Prāyaścitta, p. 121), which adds that this verse applies to cases where the girl has not menstruated upto 12 years; — in Nirṇayasindhu (p. 215); — in Saṃskāramayūkha (p. 82), which explains ‘tryaṣṭavarṣaḥ’ as ‘twenty-four years old’; — in Hemādri (Kāla, p. 801); — in Smṛticandrikā (Saṃskāra, p. 112), which explains ‘satvara’ as ‘one of lower age,’ and deduces the conclusion that there is nothing wrong if the girl is married before her menstruation; — and in Gadādharapaddhati (Kāla, p. 222), which explains ‘satvaraḥ’ as one who is in a hurry to enter the Householder’s stage.’

 

Comparative notes by various authors:

Mahābhārata (13.41.14). — ‘One who is thirty or twenty-one years old shall take a wife sixteen years old, but before she has attained puberty.’

Viṣṇupurāṇa (Vīramitrodaya-Saṃskāra, p. 766). — ‘A man shall select a wife whose age is one-third of his own.’

Yama (Do.) — (Same as Manu.)

Āpastamba (Do., p. 767). — ‘A man thirty-years old shall take a wife ten years old, before she has attained puberty; and one twenty-one years old, a girl seven years old.’

Āśvalāyana (Do.). — ‘A maiden seven years old is called Śaiśavī; a man eighteen years of age shall marry her; a maiden eight years old is called Gaurī, conducive to richness of sons and grandsons; and she shall be married by a man twenty-five years old; a girl nine years old is called Rohiṇī conducive to richness of wealth; a wise man shall wed her for the accomplishment of all his desires; a girl over ten years age, until she has her courses, is called Gāndhārī; and she shall be married by a man desirous of living long.’

 

 

VERSE 9.95

Section IX - The Marriage of Girls

 

देवदत्तां पतिर्भार्यां विन्दते नेच्छयाऽत्मनः ।
तां साध्वीं बिभृयान्नित्यं देवानां प्रियमाचरन् ॥९५॥

devadattāṃ patirbhāryāṃ vindate necchayā'tmanaḥ |
tāṃ sādhvīṃ bibhṛyānnityaṃ devānāṃ priyamācaran ||95||

 

The husband obtains his wife as a present from the gods, and not by his own wish; hence he should always support the faithful wife, thereby doing what is agreeable to the gods. — (95)

 

Medhātithi’s commentary (manubhāṣya):

What the verse means is that ‘the faithful wife should not be abandoned, even though she suffer from the defects of being disagreeable or of harsh speech and so forth’; and the rest of it is merely commendatory.

As for the rule that ‘he shall keep her confined in one room,’ which has been laid down in regard to the unfaithful wife, — this applies to a case where there has been a single act of transgression on her part; if the act is repeated, divorce must follow. Otherwise, there would be no point in the assertion that ‘he shall always support the faithful wife.’

As regards the declaration — ‘when a woman has trans gressed, she shall have all her rights withdrawn, he dressed in dirty clothes and be given mere subsistence, being allowed to live in a degraded condition, lying upon the ground’ (Yājñavalkya, 170), — this refers to a case where the husband is willing and able to keep her; if however he is unwilling, then there must be divorce.

It is going to be laid down later on that food and clothing should be provided for oven such wives as have become outcasts, and so forth; but that has to be taken only as prohibiting banishment which would be involved in the starting of a life of living on alms, which forms part of the expiatory rite consequent upon such heinous sins as the murdering of a Brāhmaṇa and the like. This we shall explain later on. In any case, it is not incumbent upon the husband to support a wife who has turned unfaithful. Nor does the present text prescribe ‘casting off’ which might be interpreted as ‘avoiding intercourse with her.’

That the wife is a ‘present from the gods’ is implied by such Vedic texts and declamatory passages as — ‘Soma gave her to Gandharva etc.,’ (Ṛgveda, 10.85.41).

Or, she may be called ‘a present from the gods’ in the sense that during the marriage-rite itself, the girl becomes the wife of the gods.

‘Obtains, — not by his own, wish.’ So that the wife does not stand on the same footing as cattle or gold picked up in the market. This is what is meant by the phrase ‘not by his own wish.’

‘What is agreeable to the gods.’ — When one divorces his wife, who is a necessary factor in the offering of libations to the Viśvedevas, he is not in a position to do ‘what is agreeable to the gods.’ Hence, even though she be hostile, she has to be supported. But in the event of her becoming an outcast, and hence losing her rights, the husband may ‘supersede’ her. — (95)

 

Explanatory notes by Ganganath Jha:

‘Deva-dattā’ — ‘Given by the gods, Bhaga, Aryaman, Savitṛ and the rest mentioned in the Vedic text recited during marriages’, — ‘from Agni’ (Nārāyaṇa); — ‘from Soma, Agni and the Gandharvas’ (Medhātithi and Nandana).

This verse is quoted in Vivādaratnākara (p. 481).

 

Comparative notes by various authors:

Mahābhārata (13.44.27). — ‘That man obtains his wife as a gift from the gods is the teaching of the Law; he (who does not treat her well) falsifies the word of man and god.’

 

 

VERSE 9.96

Section IX - The Marriage of Girls

 

प्रजनार्थं स्त्रियः सृष्टाः सन्तानार्थं च मानवः ।
तस्मात् साधारणो धर्मः श्रुतौ पत्न्या सहोदितः ॥९६॥

prajanārthaṃ striyaḥ sṛṣṭāḥ santānārthaṃ ca mānavaḥ |
tasmāt sādhāraṇo dharmaḥ śrutau patnyā sahoditaḥ ||96||

 

Women were created for the purpose of child-bearing, and men for the furfose of procreation. hence it is that Religious Rites have been ordained in the Veda as common between the man and his wife. — (96)

 

Medhātithi’s commentary (manubhāṣya):

‘Child-bearing’ — Conception.

‘Procreation’ — Impregnating.

‘Hence’ — i.e., because of the act of child-begetting being dependent upon both, — the man’s Religious Rites have been ordained in the Veda, as being in common with his wife.

Consequently, since alone by himself he could not be entitled to the performance of any rites, he shall not abandon his wife, even though she be hostile. — (96).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 418), which adds that the term ‘prajana’ here stands for the act of conceiving and ‘santāna’ for the act of depositing the seed, fecundating.

 

Comparative notes by various authors:

(See texts under 85.)

Nārada (12-19). — ‘Women have been created for the sake of propagation.’

 

 

VERSE 9.97

Section IX - The Marriage of Girls

 

कन्यायां दत्तशुल्कायां म्रियेत यदि शुल्कदः ।
देवराय प्रदातव्या यदि कन्याऽनुमन्यते ॥९७॥

kanyāyāṃ dattaśulkāyāṃ mriyeta yadi śulkadaḥ |
devarāya pradātavyā yadi kanyā'numanyate ||97||

 

After the nuptial fee for a girl has been paid, if the man who paid the fee dies, the girl should be given to the younger brother-in-law, in case she consents. — (97)

 

Medhātithi’s commentary (manubhāṣya):

When the nuptial fee has been received by her father and other relations, but she has not been given away, — only the verbal betrothal having been done, — if, in the interval, the giver of the foe happen to die, then there arises the doubt, as to whether she, in the manner of other goods, shall revert to the younger brother-in-law, or to all brothers, as in the ease of Yudhiṣṭhira and others, or in the absence of brothers, to ‘Sapiṇḍa’ relations, — the text lays down the rule that ‘she should he given to the younger brother-in-law’; — not either to all the brothers of her husband, or to all his ‘Sapiṇḍa’ relations, — but to his younger brother only. But hero also, only if the girl consents.

“In the event of the girl not consenting, what shall become of the nuptial fee?”

If the girl desires to take to life-long celibacy, then the fee shall remain with the members of her father’s family; but if she seeks for another husband, then the fee shall be refunded out of the fee received from this second man. — (97)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 153); — in Nirṇayasindhu (p. 227); — in Vīramitrodaya (Saṃskāra, p. 739); — in Saṃskāramayūkha (p. 105), which explains the meaning to be that ‘if the girl agrees she may be given to the younger brother, but if she prefers to be given to some one else, she should be given to this latter’ — in Puruṣārthacintāmaṇi (p. 454); — in Vyavahāra-Bālambhaṭṭī (p. 530); — in Gadādharapaddhati (Kāla, p. 227); — and in Smṛticandrikā (Saṃskāra, p. 219).

 

Comparative notes by various authors:

(See under 47, 69 and 71.)

Vaśiṣṭha (17-72). — ‘If the betrothed of a maiden die after she has been promised to him verbally and by a libation of water, — but before she was married to him with the sacred texts, — she belongs to her father.’

Kātyāyana (Vīramitrodaya-Saṃskāra, 739). — ‘If a man should die or become lost, after betrothal, the girl shall wait for three menstrual periods and then marry another person. If the betrothed should go away after having paid the nuptial fee and the girl’s dowry, the girl shall be kept unmarried for one year, after which she should be given away in the proper form to another man.’

 

 

VERSE 9.98 [Impropriety of the Nuptial Fee]

Section X - Impropriety of the Nuptial Fee

 

आददीत न शूद्रोऽपि शुल्कं दुहितरं ददन् ।
शुल्कं हि गृह्णन् कुरुते छन्नं दुहितृविक्रयम् ॥९८॥

ādadīta na śūdro'pi śulkaṃ duhitaraṃ dadan |
śulkaṃ hi gṛhṇan kurute channaṃ duhitṛvikrayam ||98||

 

Even a Śūdra should not take a nuptial fee, when he is giving away his daughter; by accepting a fee, what he does is disguised bartering. — (98)

 

Medhātithi’s commentary (manubhāṣya):

What is to be done when the fee is received voluntarily, has been laid down in the preceding verse. Hence some people might come to entertain the following notion — “There is nothing wrong in receiving the nuptial fee, since the scriptures have laid down special rules regarding the subject.” And with a view to preclude such a notion, the text says — ‘even a Śūdra should not take a nuptial fee.’ — What the foregoing text has done is to lay down certain rules relating to cases where a man receives the fee, of his own will; and it does not lay down the propriety of receiving the fee. Just as the laying down of expiatory rites in connection with wine-drinking does not mean that the drinking is permitted.

The ‘nuptial fee’ here spoken of is the same as what has been deprecated in another text; and we have already explained why the same fact has been reiterated in the present verse.’ — (98)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (II, p. 140).

 

Comparative notes by various authors:

(verses 9.98-100)

Vaśiṣṭha (1.36). — ‘The buying of a wife is mentioned in the following passage of the Veda: — “Therefore one hundred cows besides a chariot should be given to the bride’s father.”’

Āpastamba (2.13.12) — ‘It is declared in the Veda that at the time of marriage, a gift, with a view to meet the father’s wishes, should be made by the bridegroom to the father — “Therefore he should give a hundred cows besides a chariot; this gift he should make bootless by returning it to the giver.” In reference to these marriage-rites, the word “Sale” can apply only in a metaphorical sense; as such union is effected under the law.’

 

 

VERSE 9.99

Section X - Impropriety of the Nuptial Fee

 

एतत् तु न परे चक्रुर्नापरे जातु साधवः ।
यदन्यस्य प्रतिज्ञाय पुनरन्यस्य दीयते ॥९९॥

etat tu na pare cakrurnāpare jātu sādhavaḥ |
yadanyasya pratijñāya punaranyasya dīyate ||99||

 

Good men, both ancient and modern, have never committed the act, that having promised to one they gave her to another. — (99)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared above that — ‘when the nuptial fee has been received, and the giver of the fee has died, the girl may be given to another man, if she consents.’ This is what is forbidden by the present text, — i.e., the act. of promising the girl to man who has paid the fee, and then to give her to another after receiving a fee from him.

What is meant is that in such cases the girl should be made to choose her own husband. — (99)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Saṃskāramayūkha (p. 104), which says that this refers to cases where no defects have been discovered in the bride-groom; — in Saṃskāra-ratnamālā (p. 503), which has the same note; — and in Smṛticandrikā (Saṃskāra, p. 218), which says that this refers to cases where the bride-groom has no defects.

 

Comparative notes by various authors:

(verses 9.98-100)

See Comparative notes for Verse 9.98.

 

 

VERSE 9.100

Section X - Impropriety of the Nuptial Fee

 

नानुशुश्रुम जात्वेतत् पूर्वेष्वपि हि जन्मसु ।
शुल्कसञ्ज्ञेन मूल्येन छन्नं दुहितृविक्रयम् ॥१००॥

nānuśuśruma jātvetat pūrveṣvapi hi janmasu |
śulkasañjñena mūlyena channaṃ duhitṛvikrayam ||100||

 

Nor indeed have we heard, even in former Cycles, of the covert sale of a daughter, for a price styled “nuptial fee.” — (100)

 

Medhātithi’s commentary (manubhāṣya):

We have not heard of such a thing from any source. ‘Pūrveṣu janmasu’ — i.e., in former cycles. — (100)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Saṃskāra, p. 232), which says that this refers to cases where the father receives the money for his own benefit

 

Comparative notes by various authors:

(verses 9.98-100)

See Comparative notes for Verse 9.98.

 

 

VERSE 9.101 [Summary of the Law Relating to Husband and Wife]

Section XI - Summary of the Law Relating to Husband and Wife

 

अन्योन्यस्याव्यभिचारो भवेदामरणान्तिकः ।
एष धर्मः समासेन ज्ञेयः स्त्रीपुंसयोः परः ॥१०१॥

anyonyasyāvyabhicāro bhavedāmaraṇāntikaḥ |
eṣa dharmaḥ samāsena jñeyaḥ strīpuṃsayoḥ paraḥ ||101||

 

‘May mutual fidelity continue till death’, — this, in brief should be understood as the highest duty between husband and wife. — (101)

 

Medhātithi’s commentary (manubhāṣya):

‘Fidelity’ — unstinted obedience in all actions. Says Āpastamba: (a) ‘The wife should not be neglected in matters relating to Duties, Wealth and Pleasure’; — (b) ‘The highest good of man consists in Duty, Wealth and Pleasure, as it is declared that the whole fabric rests upon these three factors.’

Some people hold the following view: — “What is meant by ‘fidelity’ here is non-abandonment; otherwise, as to the woman, so to the man also, it would not he open to many more than one wife.”

This however is not right; because in regard to men there is a distinct sanction — (a) ‘Those who act through mere lust, etc.,’ (b) ‘the barren wife shall be superseded in the eighth year,’ and so forth; while there is no such sanction in the case of women. There is another text also which is indicative of the same fact — ‘There are several wives for one man, but not several husbands for a woman at the same time.’

‘Until death,’ — till they die; i.e., it ends only when either of them dies.

This should be understood to be the highest duty of man and wife, stated in brief. — (101)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 110), which adds that fidelity to each other is an obligatory duty, the transgression of which necessitates expiation; — and in Vivādaratnākara (p. 421).

 

 

VERSE 9.102

Section XI - Summary of the Law Relating to Husband and Wife

 

तथा नित्यं यतेयातां स्त्रीपुंसौ तु कृतक्रियौ ।
यथा नाभिचरेतां तौ वियुक्तावितरेतरम् ॥१०२॥

tathā nityaṃ yateyātāṃ strīpuṃsau tu kṛtakriyau |
yathā nābhicaretāṃ tau viyuktāvitaretaram ||102||

 

Man and wife, after they have passed through the rites, should always so exert themselves that they may not become separated and be unfaithful to each other. — (102)

 

Medhātithi’s commentary (manubhāṣya):

‘Should exert themselves’ — should make an effort; so that they may not be unfaithful to each other; — unfaithfulness consisting in neglect, want of co-operation in matters relating to Duty, Wealth and Pleasure.

‘Passed through the rites’ — performed the rites of marriage.

This verse is meant to be a summing up of what has gone before, and not the injunction of any thing new. — (102)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 421).

 

 

VERSE 9.103

Section XI - Summary of the Law Relating to Husband and Wife

 

एष स्त्रीपुंसयोरुक्तो धर्मो वो रतिसंहितः ।
आपद्यपत्यप्राप्तिश्च दायधर्मं निबोधत ॥१०३॥

eṣa strīpuṃsayorukto dharmo vo ratisaṃhitaḥ |
āpadyapatyaprāptiśca dāyadharmaṃ nibodhata ||103||

 

Thus has been expounded to you the law relating to husband and wife, which is conducive to conjugal happiness, — as also the manner of obtaining children in times of distress; learn now the partition of inheritance. — (103)

 

Medhātithi’s commentary (manubhāṣya):

This verse shows the connection between what has gone before and what is coming next.

The two subjects — of the Duties of Husband and Wife, and the Begetting of Children — having been dealt with, it is the fit occasion for taking up the subject of the Partition of Inheritance. — (103)

 

Explanatory notes by Ganganath Jha:

This verse is quoted by Jīmūtavāhana (Dāyabhāga, p. 6).

 

 

VERSE 9.104 [Inheritance: Equal Division among Sons]

Section XI (A) - Inheritance: Equal Division among Sons

 

ऊर्ध्वं पितुश्च मातुश्च समेत्य भ्रातरः समम् ।
भजेरन् पैतृकं रिक्थमनीशास्ते हि जीवतोः ॥१०४॥

ūrdhvaṃ pituśca mātuśca sametya bhrātaraḥ samam |
bhajeran paitṛkaṃ rikthamanīśāste hi jīvatoḥ ||104||

 

After the death of the father and of the mother, the brothers, being assembled, shall divide equally the paternal property; while the parents are alive, they have no power. — (104)

 

Medhātithi’s commentary (manubhāṣya):

‘Shall divide’ — the affix denotes propriety. (Further Bhāṣya not available).

 

Explanatory notes by Ganganath Jha:

“The father’s estate is to be divided after the father’s death, and the mother’s estate after the mother’s death’ (Kullūka Rāghavānanda, Nārāyaṇa and Nandana). — ‘The mother’s estate devolves on the sons, only on failure of daughters’. (Nārāyaṇa). — The word ‘ūrdhvam’ indicates by implication that the rule holds good in the case of the father’s turning an ascetic (Rāghavānanda). — The equal division takes place if the eldest does not desire to receive an additional share (Kullūka). — The last clause shows that division of the property may take place with the parents’ permission during their lifetime. (Kullūka, Nārāyaṇa and Rāghavānanda).” — Buhler.

Of the Bhāṣya on this verse we have a single short sentence; on the next verse it is wanting in all the Mss. hitherto found; so also on several other important verses bearing on inheritance. It seems it has been purposely destroyed by the ‘Editors’ who reconstructed the Bhāṣya under King Madana. And from the fact that the pruning knife began to operate with the verse dealing with the rule regarding the larger share of the eldest brother, one feels justified in assuming that the conclusion arrived at on this point by Medhātithi was detrimental to the interests of the said King, who therefore set himself systematically to collecting all available Mss. of the work and destroying this portion. — In the absence of some such strong motive, one fails to see why the King should have taken all this trouble regarding the ‘reconstruction’ of Medhātithi’s commentary.

This verse is quoted in Vivādaratnākara (p. 455), which adds the following notes: — ‘Samam’, equal, there being no setting aside of the twentieth part (for the eldest brother). — It might be argued that since Manu has himself laid down that the twentieth part should be set aside as the additional share for the eldest brother, when they are dividing the paternal estate after the father’s death, why should he speak of ‘equal shares’? — But the fact of the matter is that the said additional share is meant only for those cases where the eldest brother happens to possess special qualifications. — Udayakara has however explained the present verse to mean that what of is to be divided into ‘equal’ shares is only that part of the property which remains after setting aside the said twentieth part. — Halāyudha and Pārijāta have read ‘saha’ in place of ‘samam’ and Pārijāta has explained it as ‘among themselves’. — The term ‘paitṛkam’ is to be expounded as ‘mātā ca pitā ca pitarau, tayoḥ idam paitṛkam’; so that the ‘mother’s estate’ also becomes included, — so says Halāyudha. — Though the text uses the term ‘paitṛkam riktham’, ‘father’s estate’, it is meant to include the estate of the grandfather and other forefathers also; in which latter also the brothers have shares. — Though it is true that both the father’s and the mother’s estate are meant, yet it has to be borne in mind that to the mother’s estate, the sons are entitled only in the absence of a daughter or her descendants.

It is quoted in Vyavahāramayūkha (p. 41), which adds that even though the text repeats the particle ‘ca’, yet it does not mean that both the parents should die before the property is divided.

It is quoted in Parāśaramādhava (Vyavahāra, p, 326), which adds the following notes: — ‘Pituḥ ūrdhvam’, this phrase indicates the time for the division of the father’s property; and ‘mātuḥ ūrdhvam’ indicates that for the division of the mother’s property; thus the meaning of the verse comes to this: — On the death of the Father, his estate is to be partitioned, even though the Mother may be living; similarly on the death of the Mother, her estate is to be partitioned, even though the Father may be living; there being no reason why the partition of the estate of the one should await the death of the other.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 443); — in Vivādacintāmaṇi (Calcutta, p. 124) which has the following notes; — ‘Samam’, equal, — i.e., without setting apart 20 per cent for the eldest; — it might be argued that Manu has actually sanctioned 20 per cent, as the special share of the eldest brother, in connection with the partition that is done after the Father’s death; — but this sanction should be taken as referring either to cases where the eldest brother has very special qualifications, or where he is specially desirous of having a special share; — it explains the mention of the ‘mother’ as being due to the term ‘paitṛkam’ meaning ‘parental’, and hence including the mother’s property also, which can be partitioned only after the death of the ‘mother.’

It is quoted in Smṛtisāroddhāra (p. 331); — in Dāyakramasaṅgraha; — in Vīramitrodaya (Vyavahāra, 170a), which adds the following notes: — ‘Paitṛkam’, belonging to the Father and the Mother; the sense being that the Father’s property is to be divided after the Father’s death, find the Mother’s property after the Mother’s death; — the particle ‘ca’ does not imply that ‘after the death of both the parents is another time for partition’; for the simple reason that the Mother or the Father being alive can be no obstacle in the partitioning of the property of the other; — and in Jīmūtavāhana (Dāyabhāga, p. 23), which says that this verse is meant to answer the question ‘why the sons should not partition the property during the life-time of the parents’? — the reason being that during that time they have no proprietary right over it.

 

Comparative notes by various authors:

Gautama (28.1). — ‘After the father’s death, the sons shall divide his estate.’

Baudhāyana (2.3.3, 8). — ‘A father may divide his property among his sons; — while the father lives, the division of the estate can take place only with his permission.’

Viṣṇu (18.36). — ‘Sons who are of the same caste as the father shall receive equal shares.’

Āpastamba (2.13.1-3). — ‘Sons begotten in the right manner on a wife of the same caste as oneself have a right to inherit the estate; — if they do not sin against either of the parents.’

Yājñavalkya (2.117). — ‘After the parents, the sons shall divide equally their property as well as their debts; the mother’s property, what remains after the paying off of the debts, her daughters shall divide among themselves; and in the absence of the daughters, the offspring of their daughters.’

Kātyāyana (Aparārka, p. 12). — ‘Partition is ordained only among those sons who have attained their majority; — for males, majority is attained in the sixteenth year.’

Śukranīti (4.5.591). — ‘If the father he dead, the sons and the rest are to receive their shares according to the said proportion (i.e., sons and their mothers are to be made equal sharers).’

Arthaśāstra (p. 31). — ‘During the life-time of the parents, the sons have no right over the ancestral property; after the death of the parents, there is partition of the ancestral property, and also of the self-acquired property of the father... There shall be an equal division of the property and of the debt.’

Nārada (13.49-50). — ‘After their father’s death, the sons shall succeed to his wealth in order; whenever a superior son is wanting, the one next to him shall succeed. On failure of a son, the daughter succeeds; because she continues the lineage just like the son.’

Do. (13.2). — ‘The father being dead, the sons shall divide the estate as they ought, — so shall the daughters divide the property of the mother when she dies; on failing daughters, their issue.’

Nārada (Aparārka, 718). — ‘After the father, the sons shall divide the property equally.’

Bṛhaspati (25.1). — ‘After the death of both parents, division of the property among brothers has been ordained to take place. It may take place even in the father’s life-time, if the mother be past child-hearing.’

Do. (25.10). — ‘When they divide the father’s heritage, all the sons shall share alike.’

Devala (Vivādaratnākara, p. 456). — ‘On the father’s death the sons shall divide among themselves the father’s property; they have no right over the property so long as the father is alive and is free from faults.’

Śaṅkha-Likhita (Do.). — ‘During the father’s life time, the sons shall not divide the property; the sons have no right even over that which may have been acquired subsequently; because as regards property, as well as over religious rites, the sons are dependant upon the father, so long as he is alive and is faultless.’

Saṃgrahakāra (Parāśaramādhava-Vyavahāra, p. 327). — ‘The father’s property may be divided on his death, even while the mother is living; as apart from her husband, the wife has no proprietory right; similarly the mother’s property may be divided on her death, even while the father is living, as the husband has no right over his wife’s Strīdhana while her children are there.’

 

 

VERSE 9.105 [The entire Property goes to the Eldest Brother]

Section XII - The entire Property goes to the Eldest Brother

 

ज्येष्ठ एव तु गृह्णीयात् पित्र्यं धनमशेषतः ।
शेषास्तमुपजीवेयुर्यथैव पितरं तथा ॥१०५॥

jyeṣṭha eva tu gṛhṇīyāt pitryaṃ dhanamaśeṣataḥ |
śeṣāstamupajīveyuryathaiva pitaraṃ tathā ||105||

 

The eldest brother alone may take the entire paternal property; the rest shall live under him, just as under their father. — (105)

 

Medhātithi’s commentary (manubhāṣya):

(No Bhāṣya available).

 

Explanatory notes by Ganganath Jha:

What is said here refers to eases where ‘the eldest son is specially virtuous’ (Kūlluka and Rāghavānanda), — or ‘possesses eminent qualities, and the others are less distinguished’ (Nārāyaṇa).

This verse is quoted in Mitākṣarā (p. 117), where Bālambhaṭṭī has the following notes: — ‘Pitryam’, inherited from the father, — ‘Śeṣāḥ’, brothers other than the eldest, — Upajī veyuḥ, should follow him, like their father. Mitākṣarā adds that such unequal division, even though sanctioned by the scriptures, should never be adopted, being opposed to popular sentiment, and also to Vedic texts.

It is quoted in Vīramitrodaya (Rājanīti, p. 35), in support of the view that the eldest son should succeed to the kingdom; — in Aparārka (p. 722), which adds that this rule is meant for eases where the younger brothers are still in status pupillari, or are not entitled to any share by reason of being idiots and so forth, or are inexperienced; — and in Vivādaratnākara (p. 457), which adds the following notes: — What is meant is that in partition, the eldest brother, if he happens to be possessed of all the qualities of the superior brother, should be treated as the sole master, like the Father himself; — ‘tamupajīveyuḥ’ means that ‘they should live on the subsistence provided by him.’

It is quoted in Smṛtitattva, (II, p. 170); — anti in Vivādacintāmaṇi (Calcutta, p. 125), as laying down an alternative course; — in Vīramitrodaya (Vyavahāra, 171b); — and by Jīmūtavāhana (Dayabhāga, pp. 35 and 103).

 

Comparative notes by various authors:

(verses 9.105-110)

Gautama (28.3-4). — ‘Or, the whole property may go to the first-born; and he shall support the rest as a father. But in partition there is an excess of spiritual merit.’

Baudhāyana (2.3.13). — ‘A son who possesses specially good qualities becomes a protector of the rest.’

Āpastamba (2.14.6). — ‘Some people declare that the eldest son alone inherits.’

Vaśiṣṭha (17.1). — ‘The father throws off his debts and obtains immortality if he sees the face of a living son.’

Viṣṇu (15.45). — (Same as Vaśiṣṭha.)

Nārada (13.5). — ‘Or the senior brother shall maintain all like a father, if they wish it; or even the youngest brother, if able; the well-being of the family depends on the ability of the head.’

Hārīta (Vivādaratnākara, p. 459). — ‘When the father has voluntarily handed over the property to the sons, or when he has gone abroad, or when he has died, the eldest son shall look after the property.’

Śaṅkha-Likhita (Do., p. 460). — ‘When the father has been disabled, the eldest son shall carry on the business of the estate, hut never without the father’s consent.’

Mantra (Parāśaramādhava — Ācāra, p. 501). — ‘(Same as Vaśiṣṭha.)

 

 

VERSE 9.106

Section XII - The entire Property goes to the Eldest Brother

 

ज्येष्ठेन जातमात्रेण पुत्री भवति मानवः ।
पितॄणामनृणश्चैव स तस्मात् सर्वमर्हति ॥१०६॥

jyeṣṭhena jātamātreṇa putrī bhavati mānavaḥ |
pitṝṇāmanṛṇaścaiva sa tasmāt sarvamarhati ||106||

 

By the mere birth of the eldest son, a man becomes ‘with son,’ and (hence) free from the debt to Pitṛs; it is for this reason that he deserves the whole. — (106)

 

Medhātithi’s commentary (manubhāṣya):

(No Bhāṣya available).

 

Explanatory notes by Ganganath Jha:

Cf. Śruti — ‘Nāputrasya lokosti’ (Aitareya Brāhmaṇa 7.3.9).

This verse is quoted in Virādaratnākara (p. 457), which adds the following notes: — ‘Putrībhavati’, becomes one who has fulfilled the dictates of the scriptures regarding the begetting of offspring; — the addition of ‘mātra’ is meant to indicate that, the man becomes ‘with son’ even before the child has had its sacramental rites performed; — ‘anṛṇaḥ’, becomes freed, by the birth of a single son, from one of the three kinds of debts which have been described in the Śruti as besetting a man from his very birth.

It is quoted in Vīramitrodaya (Rājanīti, p. 35); — in Parāśaramādhava (Ācarā, p. 501); — in Vīramitrodaya (Saṃskāra, p. 163); — in Nirṇayasindhu (p. 439); — in Saṃskāra-ratnamālā (p. 686); — in Smṛticandrikā (Saṃskāra, p. 43); — in Vyavahāra-Bālambhaṭṭī (p. 656); — in Nṛsiṃhapraṣāda (Saṃskāra 25b); — in Śrāddhakriyākaumudī (pp. 450 and 491), which explains ‘putrībhavati’ as ‘becomes saved from the hell called Put’; — in Śuddhikaumudī (p. 86): — in Vīramitrodaya (Vyavahāra 171b); — and by Jīmūtavāhana (Dāyabhāga, pp. 37 and 250) as lending support to the view that one’s title to another’s property is determined also by the benefits conferred by the former on the latter.

 

Comparative notes by various authors:

(verses 9.105-110)

See Comparative notes for Verse 9.105.

 

 

VERSE 9.107

Section XII - The entire Property goes to the Eldest Brother

 

यस्मिनृणं संनयति येन चानन्त्यमश्नुते ।
स एव धर्मजः पुत्रः कामजानितरान् विदुः ॥१०७॥

yasminṛṇaṃ saṃnayati yena cānantyamaśnute |
sa eva dharmajaḥ putraḥ kāmajānitarān viduḥ ||107||

 

That son alone to whom the man transfers his debt, and through whom he attains immortality, is the ‘duty-born son;’ others are known as ‘lust-born.’ — (107).

 

Medhātithi’s commentary (manubhāṣya):

‘Others, etc.’ — This is purely declamatory. If it were taken in its literal sense, the younger brothers would never be entitled to any property at all; and this would be contrary to what follows. — (107)

 

Explanatory notes by Ganganath Jha:

“This verse alludes to the Vedic text quoted, Vaśiṣṭha 17.1; Viṣṇu 15.43” — Buhler.

This verse is quoted in Vivādaratnākara (p. 457), which adds the following notes: — ‘Sannayati’, concentrates, — ‘ānantyam’, endless bliss, — ‘aśnute’, obtains, i.e., becoming freed from debt, — ‘Kāmajān’, this is a mere exaggerated statement, because it cannot be taken to mean that the younger sons have no share in the paternal estate, since it has been distinctly declared that they do have such share.

It is quoted in Vīramitrodaya (Saṃskāra, p. 163); — in Vyavahāra-Bālambhaṭṭī (p. 656); — in Smṛticandrikā (Saṃskāra, p. 43); — in Vīramitrodaya (Vyavahāra 172a); — by Jīmūtavāhana (Dāyabhāga, p. 37); — and in Rājanītiratnākara (p. 40b).

 

Comparative notes by various authors:

(verses 9.105-110)

See Comparative notes for Verse 9.105.

 

 

VERSE 9.108

Section XII - The entire Property goes to the Eldest Brother

 

पितेव पालयेत् पूत्रान् ज्येष्ठो भ्रातॄन् यवीयसः ।
पुत्रवत्चापि वर्तेरन् ज्येष्ठे भ्रातरि धर्मतः ॥१०८॥

piteva pālayet pūtrān jyeṣṭho bhrātṝn yavīyasaḥ |
putravatcāpi varteran jyeṣṭhe bhrātari dharmataḥ ||108||

 

The eldest brother shall support his younger brothers, just as the father supports his sons; and the younger brothers, in duty bound, shall behave towards the eldest brother, like sons. — (108)

 

Medhātithi’s commentary (manubhāṣya):

They should be supported like sons; but they shall not be deprived of wealth, on the ground of their being of younger age.

They also should look upon him as their father; this is what is meant by the sentence. — ‘They shall behave like sons.’ — (108)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 457), which adds the following explanation: — The eldest brother should take care of the younger brothers, as if he were their father, and he should not separate them; — ‘putravat varteran’, they should not entertain feelings of hatred towards him; — in Vyavahāra-Bālambhaṭṭī (pp. 513, 656 and 691); — in Smṛticandrikā (Saṃskāra, p. 90), as attributing the qualities of father and son to the elder and younger brothers respectively; — and in Vīramitrodaya (Vyavahāra 172a).

 

Comparative notes by various authors:

(verses 9.105-110)

See Comparative notes for Verse 9.105.

 

 

VERSE 9.109

Section XII - The entire Property goes to the Eldest Brother

 

ज्येष्ठः कुलं वर्धयति विनाशयति वा पुनः ।
ज्येष्ठः पूज्यतमो लोके ज्येष्ठः सद्भिरगर्हितः ॥१०९॥

jyeṣṭhaḥ kulaṃ vardhayati vināśayati vā punaḥ |
jyeṣṭhaḥ pūjyatamo loke jyeṣṭhaḥ sadbhiragarhitaḥ ||109||

 

It is the eldest brother who advances the family, or ruins it; the eldest brother is worthy of the highest honour; the eldest brother is never ill-treated by good men. — (109)

 

Medhātithi’s commentary (manubhāṣya):

This is another eulogy on the eldest brother.

The right sort of eldest brother ‘advances the family’; and when the same is devoid of qualities, he ‘ruins it.’ When the eldest brother has a good character, his younger brothers also behave in the same manner. And when not possessed of good qualities, all these quarrel among themselves. — (109)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 457), which adds the following notes: — ‘Kulam vardhayati’, the prosperity of the family being brought about by the adopting of proper business-methods and the taking care of the younger brothers; — ‘vināśayati’, all that this means is that he is in a position to ruin the family; — in Vyavahāra-Bālambhaṭṭī (p. 656); — and in Vīramitrodaya (Vyavahāra 172a).

 

Comparative notes by various authors:

(verses 9.105-110)

See Comparative notes for Verse 9.105.

 

 

VERSE 9.110

Section XII - The entire Property goes to the Eldest Brother

 

यो ज्येष्ठो ज्येष्ठवृत्तिः स्यान् मातैव स पितैव सः ।
अज्येष्ठवृत्तिर्यस्तु स्यात् स सम्पूज्यस्तु बन्धुवत् ॥११०॥

yo jyeṣṭho jyeṣṭhavṛttiḥ syān mātaiva sa pitaiva saḥ |
ajyeṣṭhavṛttiryastu syāt sa sampūjyastu bandhuvat ||110||

 

If the eldest brother behaves as the eldest brother, he is like a mother, and like a father. If however he does not behave like the eldest brother, he shall be honoured simply as a kinsman. — (110)

 

Medhātithi’s commentary (manubhāṣya):

‘Behaving like the eldest brother’ consists (1) in treating the younger brothers with love, like that towards a son, — (2) in supporting them and looking after their property, like his own, and (3) in preventing them from wrong acts?.

If he behaves otherwise, he should he honoured ‘like a kinsman,’ — i.e., like the maternal or paternal uncle; i.e., the younger brothers shall stand up when they come up, and so forth. This means that they shall not be entirely subservient to his wishes. — (110)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 457), which adds the following notes: — The ‘behaviour of the eldest’ consists in lovingly maintaining and taking care of the youngers; — ‘bandhuvat’, like the maternal uncle and other relations, he should be treated with respect, and saluted and so forth, and he should not be treated disrespectfully; — in Vyavahāra-Bālambhaṭṭī (pp. 513 and 691); — and in Vīramitrodaya (Vyavahāra 172a).

 

Comparative notes by various authors:

(verses 9.105-110)

See Comparative notes for Verse 9.105.

 

 

VERSE 9.111 [Separation of the Brothers: Partition: Allotment of Shares]

Section XIII - Separation of the Brothers: Partition: Allotment of Shares

 

एवं सह वसेयुर्वा पृथग् वा धर्मकाम्यया ।
पृथग् विवर्धते धर्मस्तस्माद् धर्म्या पृथक्क्रिया ॥१११॥

evaṃ saha vaseyurvā pṛthag vā dharmakāmyayā |
pṛthag vivardhate dharmastasmād dharmyā pṛthakkriyā ||111||

 

Thus may they live either together, or separately, with a view to spiritual merit; by separate living merit prospers; hence separation is meritorious. — (111)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as no man voluntarily incurs any responsibilities regarding the performance of the Jyotiṣṭoma and other sacrifices, which involves the spending of wealth, — the text proceeds to recommend ‘separation,’ with a view to the performance of such acts. — ‘Or separately with a view to spiritual merit’ — This does not mean that, non-separation is sinful; all that is meant is that Separation is meritorious, just like the Agnihotra and other acts.

“But since non-separation would be an obstacle to the performance of the meritorious acts, it should he sinful.”

There is no force in this objection. There is sin only when a man omits to do what it is his duty to do; and one who has not separated from his brother is not entitled to the performance of the religions acts, for the simple reason that he has no independent ‘Fire’ of his own; as the ‘Laying of Fire’ has been laid down as to be done at the time of separation. In the case of the man who has married and laid his Fires during his father’s life-time, he is at once entitled to the performance of the religious acts; so that for such a man there is no ‘non-separation.’ But even in this case, if the man happens to lose his properly, or for some reason does not possess enough wealth to enable him to perform the religious acts, he would not incur sin, if he lived with his brothers. Because, as has been already pointed out, neither ‘separation’ by itself, or ‘non-separation’ by itself, is cither meritorious or sinful.

“It has been declared that ‘for brothers who have not divided their property a single religious duty is performed,’ which shows that like husband and wife, the brothers perform their duty conjointly; and this clearly shows that before separation, their clear duty is that they should act conjointly, on account of their property being common.”

This cannot be the case with the Agnihotra and similar acts. These are performed in the ‘Āhavanīya’ and other consecrated fires; and the existence of these fires is due to certain consecratory rites. Further, as the injunction relating to these contains the verb with the Ātmanepada ending, it is clear that the Fires consecrated by one man cannot be used by another; and further the pouring of oblations in Fires consecrated by another person is found to be distinctly forbidden — ‘one should not offer sacrifices in Fires belonging to another man.’ Nor is the performance of the Agnihotra and other rites laid down as to be done in the household Fire kindled according to Smārta rites, because the very term ‘household’ connotes a special qualification; and the tin; thus qualified could be used for certain specified purposes only; such for instance as the feeding of guests and other acts laid down as constituting the ‘great sacrifices;’ — in such texts as — ‘In the marital fire should one perform his household-rites, as also the five sacrifices.’ From this it is clear that in the household-fire one can perform only the household-rites. Consequently when a text says that ‘a single duty is performed,’ it clearly refers to such acts as the Śrāddha, the Charities and so forth. — (111)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 459), which has the note that, what is meant is that separation is considered desirable, because it affords the opportunity for several performances of sacrifices; it is not meant that the separation itself is conducive to merit, like the performance of the Jyotiṣṭoma, or that non-separation is sinful, like the eating of the flesh of the animal killed by a poisoned arrow.

It in quoted in Aparārka (p. 719), which adds that conjoint life is meant for those cases where some of the brothers may be still studying; in cases where all of them have read the Veda and are capable of taking the fires, it is far better that they should live separately; — again on p. 722, to the effect that it is not necessary that the brothers must divide immediately after the father’s death; — in Vivādacintāmaṇi (Calcutta, p. 125) as sanctioning partition as conducive to religions merit; — in Vīramitrodaya (Vyavahāra 172a); — and by Jīmūtavāhāna (Dāyabhāga, p. 37), which says that this is a clear case of voluntary option.

 

Comparative notes by various authors:

Gautama (28.4). — ‘In partition, there is increase of spiritual merit.’

Bṛhaspati (25.6). — ‘When several brothers reside in the same house and cook their food together, the Pitṛs, Gods and Brāhmaṇas are worshipped at a single place; but after they have divided the property, the worship takes place separately in each house.’

Vyāsa (Aparārka, p. 719). — ‘It has been ordained that while the parents are alive, the sons shall live together; when the parents have died, and the sons become divided, their spiritual merit increases.’

 

 

VERSE 9.112

Section XIII - Separation of the Brothers: Partition: Allotment of Shares

 

ज्येष्ठस्य विंश उद्धारः सर्वद्रव्याच्च यद् वरम् ।
ततोऽर्धं मध्यमस्य स्यात् तुरीयं तु यवीयसः ॥११२॥

jyeṣṭhasya viṃśa uddhāraḥ sarvadravyācca yad varam |
tato'rdhaṃ madhyamasya syāt turīyaṃ tu yavīyasaḥ ||112||

 

For the eldest, the additional portion shall consist of the twentieth part of the property, as also the best of all the chattels; half of that for the middlemost, and the fourth of that for the youngest. — (112)

 

Medhātithi’s commentary (manubhāṣya):

Some people hold the following view — “This rule regarding the additional portions refers to the past, and is not meant to be observed during the present time; specially because the rules laid down in the Smṛti always bear upon some particular time; and when the rule is put forth as to be observed, the intention of the author is that the knowledge of this may bring merit to the learner; just as it is in the case of the Prolonged Sacrificial Sessions. No one is found nowadays to perform these Prolonged Sacrificial Sessions, and yet Brāhmaṇa texts contain injunctions of them. It is in view of such acts that it has been declared that ‘Religious duties for the Kali cycle are different etc., etc.’ (l85). Thus religious duties are to be understood as restricted in regard to time also, just as they are in regard to place. As a matter of fact, no religious act that has been enjoined is performed in all places; hence it is that they are declared as restricted in regard to place. If they were meant to be performed at all places, there would be no such restrictions as — ‘This shall be done by the learned twice-born persons etc, etc.’ (9.66). From all this it follows that when rules regarding Additional Portions are put forward, they are not meant to be observed, their case being analogous to that of Killing the cow (for the Madhuparka offering).”

This view is not quite satisfactory. No such restriction regarding time is found laid down anywhere. Restrictions regarding place also that are found pertain only to ‘the ground sloping towards the east’ and so forth, and never to the ‘Central’ or ‘Eastern’ or other parts of the country; as has been made clear under 8.41. As regards the Prolonged Sacrificial Sessions also, it is quite possible even nowadays to preform them; specially as it has been already shown that in connection with all this the term ‘year’ stands for the day. As for no one being found to perform these nowadays, — even though its performance has been enjoined as necessary, — that may be due to the fact, either that men are not possessed of the capacity necessary for their performance, or that they do not desire the results obtainable from its performance, or that they do not have sufficient faith. Then, as regards the phrase ‘while Vena was ruling over his kingdom’ (9.66), which has the appearance of a restriction regarding time, all that it indicates is that the duties laid down have been performed from very ancient times; and not that they are restricted in regard to time.

The ‘twentieth part’ for the eldest; i.e., the twentieth part of the entire state shall be deducted and given to the eldest brother. Half of that — i.e., the fortieth part, to the middlemost brother; and to the youngest brother, the fourth part of that, — i.e., the eightieth part. When all these shares have been taken out, the remainder is to be divided into three equal parts.

Further, among all the chattels, that which happens to be the best is to be given to the eldest brother.

Or, the reading may be ‘dravyeṣvapi param varam,’ which means that from among all kinds of things — good, bad and indifferent, — the best of each kind shall be given to the eldest brother. For instance, if there are cows or horses, the best of these shall be given to him — absolutely — and not either in lieu of any other article, or in return for a price.

This rule regarding additional portions is meant only for those cases where the three brothers are possessed of special qualifications; as it is only in the case of such men that additional shares are found to be actually given. — (112)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.114), which notes that this unequal division pertains to eases where the Father himself is dividing his self-acquired property among his sons, — no such division being permissible regarding ancestral property.

It is quoted in Madanapārijāta (p. 645), which supplies the following explanation: — The twentieth part of the property going to be divided, as also the best thing among the articles, should be given to the eldest brother; to the second brother, the fortieth part of the estate and also an article of the second quality; and to the youngest brother, the eightieth part of the estate and a third-rate article; the property that remains after this is to be divided equally; — it goes on to add that, though this unequal division has been sanctioned by several texts, yet it should never be adopted in practice, as it is contrary to popular sentiment, and what is against popular sentiment should not be done.

It is quoted in Vivādaratnākara (p. 468), along with the next two verses which adds the following notes. — This deduction of special shares pertains to cases where the eldest brother is endowed with superior qualifications; — the law on this point may be thus summed up: In a case where there are several sons born of the same mother, and every one is endowed with qualities, — but there is a gradual inferiority in the qualities, — then the eldest brother should receive as his special share, the twentieth part out of the whole property, as also the best among the articles in the property; the second brother is to receive half of that, i.e., the fortieth part, and also one article of the second quality; and the youngest brother, the eightieth part, and also an article of the lowest quality; — when however the eldest and the youngest alone are possessed of superior qualities, then the said special shares are to be given to these two only, the second brother receiving only his ordinary share, the special share prescribed for the qualified second brother — i.e., the fortieth pari of the property, — being equally divided among the throe; — in a case where there are several brothers between the oldest and the youngest, and many of them are possessed of superior qualities, each one of the middle brothers is to receive a fortieth part as his special share; — when the eldest brother is possessed of very superior qualities, while the others are entirely devoid of qualities, he shall take as his special share the best among the articles, — the best of every kind of articles, e.g., ruby among the gems and so forth, — and also one among each kind of cows, buffaloes and other cattle.

It is quoted in Vyavahāramayūkha (p. 43); — in the Smṛtitattva II (p. 193); — in Vivādacintāmaṇi (Calcutta, p. 128), which notes on p. 125 that this refers to cases where the elder brother is endowed with special qualifications, or where he is specially desirous of having the extra share; — in Smṛtisāroddhāra, (p. 331), which says that this refers to the property acquired by the father when he divides it among his sons during his own life-time; — and by Jīmūtavāhana (Dāyabhāga, p. 64), who says that equal partition is to be made after all these ‘special shares’ have been extracted, as is made clear by verse 116; the special share of the eldest brother being the twentieth part of the property along with the ‘best article’.

 

Comparative notes by various authors:

(verses 9.112-113)

Gautama (28.5-8). — ‘The additional share of the eldest son consists of the twentieth part of the estate, a male and a female (of animals with one row of front teeth), a cart yoked with animals with two rows of front teeth, and a bull; the additional share of the middlemost consists of the one-eyed, old, hornless and tailless animals, if there are several of them; the additional share of the youngest consists of the sheep, grain, iron-utensils in the house, a house, a cart yoked with oxen, and one of each kind of the other animals. The remaining property shall be divided equally.’

Baudhāyana (2-3.4-5). — ‘Or the eldest may receive the most excellent chattel; for the Veda says “they distinguished the eldest by an additional share of the property;” or the eldest may receive in excess, one part out of ten; and the other sons shall receive equal shares. The additional share of the eldest is a cow, a horse, a goat or a sheep, respectively among the four castes.’

Viṣṇu (18.37). — ‘A best part shall be given to the eldest as his additional share.’

Yājñavalkya (12.114). — ‘If the father makes the partition, he can distribute the property among his sons as he pleases; or he shall give the superior share to the eldest; or he may give equal shares to all.’

Arthaśāstra (p. 33). — ‘If the father makes the division during his life-time, he shall not make any difference in favour of any son; nor shall he disinherit any without reason.’

Nārada (13.4). — ‘Or the father himself may distribute his property among his sons, when he is stricken in years, — either allotting a larger share to the eldest son, or in any other way that he chooses.’

Do. (13.13). — ‘To the eldest son, a larger share shall be allotted and a lesser share than that to the youngest, the rest shall take equal shares; and so shall an unmarried sister.’

Bṛhaspati (25.7-10). — ‘Partition among coparceners is held to be of two kinds. One is with attention to priority of birth, the other consists of the allotment of equal shares. All sons of the twice-born, begotten on wives of the same caste as themselves, shall take equal shares, after giving a preferential share to the eldest. He who is the first by birth, by sacred knowledge, or by good qualities, shall take a couple of shares out of the partible wealth, and the rest shall take equal shares; hut the former stands to these latter in the relation of father, as it were. When they divide their father’s heritage, the sons shall share alike; but he who is distinguished by sacred knowledge and virtue shall obtain a larger share than the rest.’

Hārīta (Vivādaratnākara, p. 471). — ‘When the property is going to be divided, they shall make over to the eldest a hull from among the cows and hulls, or some superior article, and the household temple; the others shall go out of the family-house and build their own houses. If they do not build separate houses, then the best house shall go the eldest, the next best to the middlemost, and the next to the youngest.’

Āpastamba (2.14.7, 10-15). — ‘In some countries, gold, black cattle, or black produce of the earth (iron) is the share of the eldest. This preference for the eldest son is forbidden by the scriptures; for it is declared in the Veda, without making any differentiation among sons, that “Manu divided his wealth amongst his sons.” The Veda also lends support to the rule in favour of the eldest son — “They distinguish the eldest by a larger share of the heritage.” But the answer to this is that those versed in the science of interpreting the law declare that a mere statement of facts cannot he a rule.’

Devala (Vivādaratnākara, p. 472). — ‘One should allot the tenth part of the property as the additional share for the eldest who happens to be well-behaved.’

 

 

VERSE 9.113

Section XIII - Separation of the Brothers: Partition: Allotment of Shares

 

ज्येष्ठश्चैव कनिष्ठश्च संहरेतां यथोदितम् ।
येऽन्ये ज्येष्ठकनिष्ठाभ्यां तेषां स्यान् मध्यमं धनम् ॥११३॥

jyeṣṭhaścaiva kaniṣṭhaśca saṃharetāṃ yathoditam |
ye'nye jyeṣṭhakaniṣṭhābhyāṃ teṣāṃ syān madhyamaṃ dhanam ||113||

 

The eldest and the youngest shall receive their property according to the rule just stated; to those other than the eldest and the youngest, would belong the middlemost share. — (113)

 

Medhātithi’s commentary (manubhāṣya):

In a case where a man dies leaving more than three sons, the eldest and the youngest shall receive their shares in the manner just stated, if they are duly qualified; and (a) the ‘fortieth part’ which has been ordained ‘for the qualified middlemost’ in the preceding verse, shall be divided among the several middle ones; but (b) when all the middle ones are qualified, each of them shall receive the ‘fortieth part’ of the property. Both these methods of division are indicated by the words of the text — ‘to them would belong the middlemost share’ — i.e., (a) the middlemost share allotted to the middle brothers shall be given to all the middle brothel’s conjointly; or (b) every one of them shall get it, in accordance with their relative ages. The former of these would be most proper in the case of all the middle brothers being unqualified; as these do not deserve much property; and the latter method should apply to the ease where all are duly qualified — (113)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 468), which adds an explanation [see preceding note].

 

Comparative notes by various authors:

(verses 9.112-113)

See Comparative notes for Verse 9.112.

 

 

VERSE 9.114

Section XIII - Separation of the Brothers: Partition: Allotment of Shares

 

सर्वेषां धनजातानामाददीताग्र्यमग्रजः ।
यच्च सातिशयं किं चिद् दशतश्चाप्नुयाद् वरम् ॥११४॥

sarveṣāṃ dhanajātānāmādadītāgryamagrajaḥ |
yacca sātiśayaṃ kiṃ cid daśataścāpnuyād varam ||114||

 

Among the goods of every kind, the first-born shall take the best; as also anything that may be particularly good; as well as the best of ten animals. — (114)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse only reiterates what has been said above regarding the eldest brother taking the be of the chattels.

The terra ‘jāta’ is synonymous with ‘jāti,’ ‘kind’; or it may mean ‘variety.’

‘First-born’ — eldest.

‘Best’ — most excellent.

‘Anything particularly good;’ — such as a piece of cloth or an ornament

‘Best of ten.’ — He shall take the best one among the ten. That is, if there are ten cows or horses, he shall take the best among these. The term ‘ten’ is used in the sense of a group consisting of ten.

Others explain ‘daśataḥ’ as ending in the ‘tasi’ affix, which has the reflexive sense, and hence meaning ‘ten’ (not ‘from among ten’); and according to this they read ‘varān’ in the plural (for ‘varam’); and the sense in this case is that he should take ten good animals.

Others again declare that the term refers to a particular kind of animals; those that have single hoofs, for instance (?). — (114)

 

Explanatory notes by Ganganath Jha:

‘Yacca sātiśayam kiñcit.’ — ‘A dress or an ornament’ (Medhātithi); — ‘something impartible, like an idol’ (Nandana).

‘Daśataḥ varam’ — ‘The best among ten animals’ (Medhātithi, Kullūka, Nārāyaṇa and Rāghavānanda); — ‘ten superior articles’ (‘others’ in Medhātithi; the reading for ‘varam,’ in this case, being ‘varān’). — ‘Everything shall he divided into ten shares and the eldest shall receive one such share in excess’ (Nandana).

This verse is quoted in Vivādaratnākara (p. 469), which adds an explanation (for which see note on 112).

 

Comparative notes by various authors:

See texts above, under 112-113.

Gautama (28.11-13). — ‘Or, let them each take one kind of property, selecting, according to seniority, what they desire, ten head of cattle. But no one brother shall take ten one-hoofed animals or ten slaves.’

Vaśiṣṭha (17. 42-45). — ‘Let the eldest take a double share; — and a tithe of kine and horses: — the goats, the sheep, the house belong to the youngest; — black iron, the utensils and the furniture to the middlemost.’

Yājñavalkya (2-114). — (See above under 312-313.)

 

 

VERSE 9.115

Section XIII - Separation of the Brothers: Partition: Allotment of Shares

 

उद्धारो न दशस्वस्ति सम्पन्नानां स्वकर्मसु ।
यत् किं चिदेव देयं तु ज्यायसे मानवर्धनम् ॥११५॥

uddhāro na daśasvasti sampannānāṃ svakarmasu |
yat kiṃ cideva deyaṃ tu jyāyase mānavardhanam ||115||

 

But there is to be no additional share ‘out of ten,’ if all the brothers are efficient in their occupations; some little thing however shall be given to the eldest, as a mark of respect. — (115)

 

Medhātithi’s commentary (manubhāṣya):

‘Out of ten’ — animals.

‘The additional share,’ mentioned in the preceding verses, — there is to be none, — when the brothers are all ‘efficient’ — particularly excellent — ‘in their occupations’ — of learning, study and so forth.

Some people take the term ‘daśasu,’ ‘out of ten,’ as purely illustrative; — the sense being that there is to be none of the additional shares that are mentioned in the text which speaks of ‘the best of ten;’ and the reason given for this explanation is that the text lays down ‘efficiency in occupations’ as the ground.

Even in such cases however, the other brothers should give to the eldest brother ‘some little thing’ — some present — as a mark of respect. — (115)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara, (p. 476), which adds the following explanation: — The additional share prescribed in the last quarter of the last verse, ‘the best among them’, is not to be taken if all the brothers are equal in learning and other qualities. This is only by way of illustration; it means that none of the additional shares mentioned in verses 112-114 is to be taken; as is clear from the clause ‘yat kiñcideva deyam syāt’; which means that some little thing is to be given to the eldest brother, as a mark of respect due to his superior age. When there is no difference among them on account of qualities, then ‘Seniority’ among the brothers is to be determined by the portion of their mothers, the son born of the senior-most wife having been declared to be the ‘senior.’ That this is the finally adopted view (and not a mere tentative one) is proved by the fact that both Lakṣmīdhara and the Pārijāta have accepted the view that ‘the son of the senior wife, even though younger in age, is to be regarded as senior.’

This is quoted by a Jīmūtavāhana, (Dāyabhāga, p. 74).

 

Comparative notes by various authors:

Āpastamba (2.13, 13). — ‘The eldest son shall be gladdened by some choice portion of the property.’

Bṛhaspati (25.7-10). — (See under 312-313.)

 

 

VERSE 9.116

Section XIII - Separation of the Brothers: Partition: Allotment of Shares

 

एवं समुद्धृतोद्धारे समानंशान् प्रकल्पयेत् ।
उद्धारेऽनुद्धृते त्वेषामियं स्यादंशकल्पना ॥११६॥

evaṃ samuddhṛtoddhāre samānaṃśān prakalpayet |
uddhāre'nuddhṛte tveṣāmiyaṃ syādaṃśakalpanā ||116||

 

After the ‘additional share’ has been thus deducted, equal shares shall be allotted. But if no additional share has been deducted, the allotment of shares shall be in this (following) manner, — (116)

 

Medhātithi’s commentary (manubhāṣya):

‘Deducted’ — set apart

‘Uddhāra’ — additional share.

‘Equal shares shall be allotted’ — out of the property that remains after the deduction.

If no additional share has been set apart, the allotment of shares shall be in the manner going to be described below. — (116)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Vyavahāramayūkha (p. 43); — and by Jīmūtavāhana (Dāyabhāga, p. 64).

 

Comparative notes by various authors:

(verses 9.116-117)

Gautama (28.8-10). — ‘All the rest of the property shall be divided equally; — or the eldest may have two shares, — and the rest one each.’

Vaśiṣṭha (17.42). — ‘Let the eldest take a double share’

(see the texts under 312-313).

 

 

VERSE 9.117

Section XIII - Separation of the Brothers: Partition: Allotment of Shares

 

एकाधिकं हरेज् ज्येष्ठः पुत्रोऽध्यर्धं ततोऽनुजः ।
अंशमंशं यवीयांस इति धर्मो व्यवस्थितः ॥११७॥

ekādhikaṃ harej jyeṣṭhaḥ putro'dhyardhaṃ tato'nujaḥ |
aṃśamaṃśaṃ yavīyāṃsa iti dharmo vyavasthitaḥ ||117||

 

The eldest son shall take one share in excess; the one born next to him a share and a half; and the younger ones one share each; such is the settled law. — (117)

 

Medhātithi’s commentary (manubhāṣya):

The eldest brother shall take ‘one share in excess’ of his own; that is, he shall take two shares.

The brother born next to him ‘a share and a half,’ — this being the second brother’s share.

‘The younger ones’ — born after the second; all these shall receive one share each, — nothing more or less. — (117)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Vyavahāramayūkha (p. 43); — in the Smṛtisāroddhāra (p. 331), which has the following notes — ‘ekādhikam’, i.e., two shares, — ‘adhyardham’, i.e., a share and a half, — ‘tataḥ anujaḥ’, ‘born after the eldest brother’, — ‘aṃśamaṃśam’, i.e., one share each; this refers to cases where no ‘special share’ has been taken; — and by Jīmūtavāhana (Dāyabhāga, p. 64).

 

Comparative notes by various authors:

(verses 9.116-117)

See Comparative notes for Verse 9.116.

 

 

VERSE 9.118 [Shares of Unmarried Sisters]

Section XIV - Shares of Unmarried Sisters

 

स्वेभ्योंशेभ्यस्तु कन्याभ्यः प्रदद्युर्भ्रातरः पृथक् ।
स्वात् स्वादंशाच्चतुर्भागं पतिताः स्युरदित्सवः ॥११८॥

svebhyoṃśebhyastu kanyābhyaḥ pradadyurbhrātaraḥ pṛthak |
svāt svādaṃśāccaturbhāgaṃ patitāḥ syuraditsavaḥ ||118||

 

To the maidens of the same caste, the brothers shall each severally give the fourth part of his share; those not inclined to give would be outcasts — (118)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘kanyā’ is, as a rule, used in the sense of the unmarried girl’, as we find in the case where a son is called ‘kānīna’ (which means born of a kanyā, i.e., of an unmarried woman). In another Smṛti text, ‘anūḍhā’ (‘unmarried’) is the actual word used. From this it is dear that the share here laid down pertains to the unmarried girl.

‘Of the mine caste.’ — Each of the brothers should give to the sister of the same caste as himself the fourth part of his own share. That is to say, in a case where the father has left several unmarried girls, the share allotted to ouch of them should be the fourth part of the portion of the brother belonging to the same caste as himself.

The upshot therefore comes to be this: — Three parts of the property shall be taken by the sons and the fourth part by the daughter.

Some people have held the following view: — Three parts of the property shall be taken by the sons and the fourth part by the daughter.

Others have held the following view: — “Truly a great benefit is derived by the daughter from her father:

If the father is alive they have their marriage performed at tremendous expense, and if he is dead, she obtains a share in the property.”

But the same may be said of the son also. Further, why should there be such objections against what is distinctly laid down by the words of the text?

If the idea of the objector is that, according to custom, the only benefit to which the girl is entitled is that her marriage should be performed, — then our answer is that the direct assertion of the Smṛti is infinitely more authoritative than custom. As a matter of fact however, the custom referred to is by no means universal; so that when it is only limited in scope, the right course is to adopt the course laid down in the Smṛti text.

Some people have held the view that — “all that need be given to the girl is what is necessary for her marriage, and not quite the fourth part as mentioned in the text”

But to such people we address the following remarks: — There is no restriction upon gifts in connection with marriage, as there is in connection with the sacrificial fee, which is fixed at1 twelve hundred.’ The gift in connection with marriage however is not precisely fixed. For it is said. — ‘The father shall marry the girl, clothed and adorned, and he may also give her a dowry;’ and as ornaments are of various kinds, made of gold, jewels, pearls, corals and such substances, it cannot be definitely ascertained how much wealth is to be given on that account, or what sort of ornament is to be given. So that even for the purpose of precisely defining what shall be given, it is only right to say that the brother shall give the fourth part of bis share. Nor does this militate against either any scriptual injunctions or reason.

This same view is supported by other Smṛti texts also: ‘The brothers who have already had their sacramental rites performed, should perform the same for the unmarried girls; and sisters should receive from their brother’s the fourth part of their shore’ (Yājñavalkya 2. 124); and again — ‘Until marriage has not been performed, she shall received a share; after marriage she shall be maintained by her husband.’

What this last text means is as follows: — When the property left for the brother and the sister is small, and the fourth part of the brother’s share is not sufficient for the sister’s maintenance, — in such a case the sister shall enjoy a share equal to her brother’s, until her marriage; after which she shall receive the fourth part of the share, even though if be small. And in answer to the question as to how that, would maintain the girl, the answer is that ‘after marriage she shall be maintained by her husband.’

The term ‘brother’ in the present text has been explained as standing for the uterine brother. But what is the purpose of adding this explanation? As a matter of fact, the term ‘brother’ without a prefixed qualification is always directly applied to the uterine brother. And the term ‘severally’ in the text is also indicative of the same idea.

But in that case the girl that has no uterine brother would have to go without a share in the property; nor could there be any chance for any dowry being provided for her. It might be argued that her step-brother would provide for her. But in the absence of some other text laying down (such a gift), he may not give it

As a matter of fact however, the term ‘brother’ is found to be applied to the sons of the same father and several mothers; and it is only to cousins, maternal and paternal, that the term is applied figuratively. If this view is accepted, it saves us from the contingency of attributing several denotations to the single word ‘brother.’

The rule laid down in other Smṛti-texts also supports the allocation of shares set forth in the present text. We read there as follows — ‘What remains of the ancestral property, after the father’s debts have been paid off’, shall be divided; other necessary payments also being made out of it, such for instance as the gift to the unmarried girls; Here we do not find the words ‘brother’ and‘sister,’ which might give rise to the doubt (as to the uterine or other kinds of brother being meant).

As regards the term ‘severally’ (in the text), — it has been added with a view to guard against the possible interpretation that the fourth part of the share of a single brother should be divided among all the sisters.

It might be argued that — “all that this means is that the brothers would incur sin by not giving out of their shares; and there is nothing to force them to give it.” Hence it is added — ‘Those not inclined to give would be outcasts.’ A man is spoken of as‘taking’ a thing only when he is its owner, and no one speaks of such a thing as‘to be given to him;’ hence it is that no one speaks of the brothers giving to a brother (both being owners); and whenever the word‘giving’ is used, it is only when the recipient is not the owner of the property concerned. — (118)

 

Explanatory notes by Ganganath Jha:

‘If there are several brothers find only one sister, the former must deduct from their several shares as much money as will make up the fourth part of one brother’s share’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 731), which adds the following notes ‘Svebhyoṃśebhyaḥ’ means ‘from out of the share of one brother’; the plural number is used in view of the plurality of daughters; — ‘svāt svāt’, the repetition is in reference to daughters of diverse castes; — thus the meaning comes to be as follows: — When a Brāhmaṇa has wives of all the four castes, and each of these has daughters, then the daughter born of the Brāhmaṇa wife is to receive the fourth part of the share accruing to the son of the Brahmaṇa wife; similarly the daughter of the Kṣatriya wife is to receive the fourth part of the share of the son of the Kṣatriya wife. This however, is not the sister’s ‘rightful inheritance’.

It is quoted in Mitākṣarā (2.124), which adds the following explanation: — The Brāhmaṇa-sons should give to the Brāhmaṇa-daughters the fourth part of the share that accrues to them in accordance with their castes, — whereby 4 parts go to the Brāhmaṇa, etc. (see verse 153 below); it does not mean that each brother should give a fourth part out of his own share; what is meant is that the daughter of a certain caste is to receive the fourth part of what is prescribed as the share of the son of that caste; — the last clause ‘patitāḥ syuraditsavaḥ’ indicates the obligatory character of the rule. For this same reason it is not right to hold that all that the daughter is to receive is money enough for her marriage. It goes on to add that the explanation provided by Asahāya and Medhātitha is the right one. Thus it is decided that after the father’s death, the daughter is actually entitled to a share.

It is quoted in Vivādaratnākara (p. 494), which adds the following explanation: — It does not mean that the brother should take out a fourth part of his own share and give it to his sister; what is meant is that the daughter of a certaind (certain?) caste is to receive the fourth part of what is prescribed as the share of the son of that caste; which thus is to be given to her, for the purpose of her marriage. Thus the meaning comes to be that out of the ‘four shares’ and the ‘three shares’ to which the sons of the Brāhmaṇa wife and those of the Kṣatriya wife respectively are entitled, — out of the combined total of these — a ‘fourth part’ shall be given to the daughter; so that while it is the ‘fourth part’ that is to be given, the real purpose of this gift is to enable her marriage to be performed. Such is the view of Viṣṇu, the Kalpataru and the Mitākṣarā; while Halāyadha holds the opinion that no stress is meant to be laid on the ‘fourth part’, all that is meant is that the daughter is to receive what would be needed for the performance of her marriage. And this is the view that appears to be most proper; for whatever the ‘fourth part’ may be, the performance of the marriage would be necessary in any case.

It is quoted in Parāśaramādhava (Vyavahāra, p. 345), which supplies the following notes: — The meaning is that the brother belonging to the Brāhmaṇa and other castes should each give to the sisters of the Brāhmaṇa and other castes, the fourth part of his own share; that is to say, (a) in a case where a man has only one wife, and that of the Brāhmaṇa caste, and from her he has one son and one daughter, — the son shall divide his father’s property into two parts, and having divided one of these two parts into four parts, he shall give one of these four parts to his sister and take the rest for himself; — when there are two sons and one daughter, the property shall be divided into three parts, and one of these three parts being divided into four parts, one of these four parts is to go to the daughter, and the rest the two sons shall divide between themselves; — when there is one son and two daughters, the father’s property shall be divided into three parts, and one of these three parts being divided into four parts, two of these latter parts shall be given to the two daughters, and the rest shall be taken by the son. — (b) But in a case where the man has left one son of the Brāhmaṇa wife and one daughter of the Kṣatriya wife, — the father’s property shall be divided into seven parts (‘four shares’ accruing to the Brāhmaṇa son and ‘three shares’ to the Kṣatriya son), if there be one, the ‘three shares’ (accruing to the Kṣatriya son) shall be divided into four parts, one of these four parts shall be given to the Kṣatriya daughter, the rest of the property going to the Brāhmaṇa son; where there are two Brāhmaṇa sons and one Kṣatriya daughter the father’s property is to be divided into eleven parts (4 shares for each of the Brāhmaṇa sons and three for the Kṣatriya if there be one), and the three parts (accruing to the Kṣatriya son) being divided into four parts, one of these four parts shall go to the Kṣatriya daughter, and the rest of the property shall be divided between the two Brāhmaṇa sons. On the same principle is partition to proceed when there are brothers of different castes or sisters in varying numbers; such is the explanation provided by Medhātithi, and approved by Vijñāneśwara also; — Bhāruci on the other hand holds that the ‘fourth share’ only stands for ‘such amount as may be necessary for her marriage,’ and that therefore unmarried girls have no right to the inheritance as such. This same view has been held also by the author of the Candrikā, — of these two views, people may accept the one that appears to be the most reasonable.

It is quoted in Nṛsiṃhaprasāda (Vyavahāra, p. 36a); — in Vivādacintāmani (Calcutta, p. 134), which says that the meaning is that ‘each daughter should receive the fourth part of what forms the share of a son of the same caste as himself,’ and adds that stress is not meant to be laid upon the ‘fourth part,’ what is meant is that so much should be given to her as would suffice for her marriage; — and in Vīramitrodaya (Vyavahāra, 179b), which says that this does not mean that ‘in the case of either form of partition among the brothers, each brother should give to the sister a fourth part of his share’; as, if there were so, if there are several brothers to a single sister, she would have a very large property, — or if there were a single brother to many sisters, he would have nothing left for himself; — all therefore that is meant is that the brother should give to the sisters just enough to suffice for her marriage — so says the Vivādaratnākara, the Vivādacintāmaṇi and the rest; — this is not right; as the text is clear on the point that by not giving to the sister the fourth part of his share, the brother incurs a sin which is quite different from that incurred in not providing for her marriage; the right explanation is that which has been provided by Medhātithi and the Mitākṣarā. (It then proceeds to quote these).

It is quoted by Jīmūtavāhana (Dāyabhāga, p. 114), which says that the root ‘dā’ used makes it clear that the sisters have no claims over the property.

This verse is quoted in Mitālṣarā (2. 119), to the effect that of the animals mentioned, if an odd one remains after partition, it is to be given to the qldest brother; — in Madanapārijāta (p. 686), to the same effect; — in Aparārka (p. 723), which explains ‘viṣamam’ as a number different from (not a multiple of) the number of brothers; — in Vivādaratnākara (p. 498), which says that the odd animals are not to be partitioned by being sold and the value divided, they should be taken by the eldest brother; — and in Vyavahāramayūkha (p. 57).

 

Comparative notes by various authors:

Viṣṇu (18.35). — ‘Unmarried daughters shall receive shares proportionate to the sons’ shares.’

Yājñavalkya (2.124). — ‘The brothers who have already had their sacramental rites performed shall perform the sacraments for those brothers and sisters whose sacraments have not been performed, — after each of them has given to the sister the fourth part of their share.’

Nārada (13.13). — ‘The rest shall take equal shares; and so shall an unmarried sister.’

Do. (13.33-34). — ‘Those brothers and sisters for whom the sacraments have not been performed by their father, must have them performed by their elder brothers, who shall defray the expenses from the paternal property. Or, if no paternal property is left, the rites shall be performed for those by the brothers previously initiated contributing the required funds from their own portions.’

Vyāsa (Aparārka, p. 731). — ‘Those sons and daughters that have not had their sacraments performed by the father shall have them performed by their elder brothers, who have already had their sacraments performed, out of the paternal property.’

Kātyāyana (Vivādaratnākara, p. 494). — ‘For unmarried daughters, the fourth part of the property has been ordained, the other three parts being for the sons.’

Śaṅkha-Likhita (Do., p. 495). — ‘When the father's estate is being divided, the unmarried daughter shall receive out of the estate, provision for her ornaments, marriage and dowry.’

Arthaśāstra (p. 33). — ‘Among the brothers, those that are not settled in life shall receive the expenses of settling, and the unmarried sisters, the expenses for their marriage, — from those brothers that are already settled in life.’

Brhaṣpati (25.21). — ‘Should thore be younger brothers whose initiation has not been performed, they must be initiated by the other brothers; the expenses being defrayed out of the property inherited from the father.’

 

 

VERSE 9.119 [Non-partition oif the Odd Cattle]

Section XV - Non-partition oif the Odd Cattle

 

अजाविकं सेकशफं न जातु विषमं भजेत् ।
अजाविकं तु विषमं ज्येष्ठस्यैव विधीयते ॥११९॥

ajāvikaṃ sekaśaphaṃ na jātu viṣamaṃ bhajet |
ajāvikaṃ tu viṣamaṃ jyeṣṭhasyaiva vidhīyate ||119||

 

One shall not divide an odd goat, or sheep, or an animal with uncleft hoofs; the odd goat or sheep is declared to belong to the eldest. — (119)

 

Medhātithi’s commentary (manubhāṣya):

‘Animal with uncleft hoofs;’ — such as the horse, the mule, the ass etc. When the number of cattle available do not admit of division in equal numbers, then the odd animal should be given to the eldest brother; and its value shall not be made good by giving (to the other brothers) other things, nor shall the animal be sold and its value distributed among the brothers equally.

‘Ajāvikam;’ — the singular form is justified on the ground of its being a copulative compound standing for animals. — (119)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.119), to the effect that of the animals mentioned, if an odd one remains after partition, it is to be given to the eldest brother; — in Madanapārijāta (p. 686), to the same effect; — in Aparārka (p. 723), which explains ‘viṣamam’ as a number different from (not a multiple of) the number of brothers; — in Vivādaratnākara (p. 498), which says that the odd animals are not to be partitioned by being sold and the value divided, they should be taken by the eldest brother; — and in Vyavahāramayūkha (p. 57).

 

Comparative notes by various authors:

Baudhāyana (2.3.9). — ‘The additional share of the eldest brother is a cow, a horse, a goat and a sheep, respectively, for the four castes.’

 

 

VERSE 9.120 [Detailed Laws of Partition among Sons]

Section XVI - Detailed Laws of Partition among Sons

 

यवीयान्ज्येष्ठभार्यायां पुत्रमुत्पादयेद् यदि ।
समस्तत्र विभागः स्यादिति धर्मो व्यवस्थितः ॥१२०॥

yavīyānjyeṣṭhabhāryāyāṃ putramutpādayed yadi |
samastatra vibhāgaḥ syāditi dharmo vyavasthitaḥ ||120||

 

If the younger brother begets a son on the wife of the elder, the division in that case shall be equal; such is the settled law. — (120)

 

Medhātithi’s commentary (manubhāṣya):

This verse precludes the idea that the son of the elder brother begotten by the method of ‘authorisation’ is entitled to the ‘preferential share’ that would have been his father’s.

‘The division in that case shall equal’ — That is, there shall be no ‘preferential share;’ nor shall the eldest receive ‘one more’ (as laid down in 117), or the ‘some trifle’ (laid down in 115).

It shall be equal: — equal to whom? To that of his begetter — his younger uncle.

The son horn without ‘authorisation’ is not entitled to any share, — as is going to be declared later on.

This text, is indicative of the rule that when the brother is not alive, the division shall be between the surviving brother and his nephew.

 

Explanatory notes by Ganganath Jha:

This verse in quoted in Mitākṣarā (2.136), which says that this refers to cases where the brothers (the one dead and his younger brother who beget the son on bis sister-in-law)were not divided, while verse 146 below pertains to cases where they have been divided; — and in Vivādaratnākara (p. 542), which adds the following explanation: — The undivided elder brother having died without a son, if the younger brother begets, by commission, a son on his widow, then, when there comes about partition between this son and his uncle-progenitor, it will be done in equal shares, and the son shall not obtain any special share by reason of his dead father having been the elder brother.

 

Comparative notes by various authors:

(verses 9.120-121)

Smṛti (Vivādaratnākara). — ‘In the case of there being several sons of the same mother, but from diverse fathers, their shares shall be determined by the shares that should have been their fathers.’

 

 

VERSE 9.121

Section XVI - Detailed Laws of Partition among Sons

 

उपसर्जनं प्रधानस्य धर्मतो नोपपद्यते ।
पिता प्रधानं प्रजने तस्माद् धर्मेण तं भजेत् ॥१२१॥

upasarjanaṃ pradhānasya dharmato nopapadyate |
pitā pradhānaṃ prajane tasmād dharmeṇa taṃ bhajet ||121||

 

The Secondary cannot rightly be (equal to) the primary; because in procreation, the father is the primary, therefore he (the secondary) should be treated accordinc, to the law (stated before). — (121)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Secondary ’ — subsidiary i.e., the ‘kṣetraja’ son; — ‘to the primary’ — to the legitimate, ‘body-born,’ ‘aurasa’ son, — ‘cannot he equal’ — this has got to be supplied, — ‘rightly,’ according to law. Hence this cannot be right. That is, it is only the ‘legitimate’ son of the elder brother who is entitled to the ‘preferential share,’ which would have been his father’s; while the son in question, the ‘kṣetraja’ is only a ‘secondary’ son.

“Therefore h e should be treated according to law.” — The rule of partition stated before.

“But if the son in question also happens to be the eldest, wherefore cannot he obtain exactly what would go to the ‘legitimate’ son?”

The reason for this is stated: — ‘In procreation the father is t he primary.’ — The term ‘father’ here stands for the actual progenitor; he is the principal factor in the act of begetting the son. The ‘kṣetraja’ son, therefore, being begotten by the younger brother, is secondary.

The verse can be explained only by supplying the words ‘is not equal to.’

This verse is purely declamatory, supplementing the foregoing prohibition of the ‘preferential share;’ and since it is declamatory, it may be explained, by attributing any meaning to the terms ‘primary’ and ‘secondary.’

Others read ‘tasmād dharmeṇa tam tyajet.’ (‘Therefore one should rightly abandon him).’

But this is not right; since everywhere the ‘kṣetraja’ son has been declared to be entitled to an equal share with the other sons.

Then again, since this passage is purely declamatory, it could not be taken as setting forth an optional alternative (to the ‘equal share’ laid down in other texts). — (121)

 

Explanatory notes by Ganganath Jha:

‘Pradhānasya’. — ‘The principal, body-born, son’ (Medhātithi); — ‘The father, the husband of the widow’ (Kullūka, Narāyaṇa and Rāghavānanda).

“The subsidiary son has not the same rights as the principal, his dead father, the husband of his widow-mother; it is this father, the husband of the widow, who is the ‘principal etc.,’ (Kullūka and Nārāyaṇa); — ‘the father is the principal, not the mother, hence even though the mother is the elder sister-in-law, yet the son does not have the same right as his dead father’ (Nandana).

This verse is quoted in Vivādaratnākara (p. 542) as supplying a reason for what has been said in 120; it adds the following explanation: — ‘upasarjana’ is subsidiary, i.e., the Kṣetraja son, — it is not lawful that this son should be treated like the principal, the ‘body-born’, son; because in this case (of niyoga) the father, the progenitor-uncle, is the ‘principal’; — such is the explanation given by the author of the Prakāśa. Lakṣmidhara construes ‘Upasarjanam’ as ‘Upasarjanatvam’; but that makes no difference in the meaning. — ‘Dharmeṇa’, according to the injunction of the scriptures.

 

Comparative notes by various authors:

(verses 9.120-121)

See Comparative notes for Verse 9.120.

 

 

VERSE 9.122-123

Section XVI - Detailed Laws of Partition among Sons

 

पुत्रः कनिष्ठो ज्येष्ठायां कनिष्ठायां च पूर्वजः ।
कथं तत्र विभागः स्यादिति चेत् संशयो भवेत् ॥१२२॥

एकं वृषभमुद्धारं संहरेत स पूर्वजः ।
ततोऽपरे ज्येष्ठवृषास्तदूनानां स्वमातृतः ॥१२३॥

putraḥ kaniṣṭho jyeṣṭhāyāṃ kaniṣṭhāyāṃ ca pūrvajaḥ |
kathaṃ tatra vibhāgaḥ syāditi cet saṃśayo bhavet ||122||

ekaṃ vṛṣabhamuddhāraṃ saṃhareta sa pūrvajaḥ |
tato'pare jyeṣṭhavṛṣāstadūnānāṃ svamātṛtaḥ ||123||

 

‘In case the younger son is born of the elder wife, and the elder one of the younger wife, — how would the partition be made?’ — If such a doubt arises, — the son born of the elder wife shall take one bull as his ‘preferential share;’ the other bulls, which are not so good, shall belong to those who are junior to him, on account of the position of their mothers. — (122-123)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.122-123)

‘Elder wjfe’ — married first: — ‘younger wife’ — one who was married later.

As between the sons born of these wives, the question arises whether ‘seniority’ shall he determined by the order in which their mothers have been married? — or, by the order in which they were themselves born? Having raised this question, the author answers it in the next verse; — this method being adopted with a view to making the rule more easily comprehensible. — (122)

‘Pūrvajaḥ’ — he who is horn of the ‘pūrvā,’ the elder, wife, though himself younger (in age) — is entitled to one excellent hull.

The other bulls that there may be, — ‘which are not so good’ — shall he allotted to the other several brothers, one to each.

Hence the ‘preferential share’ laid down for the son born of the eldest wife consists of the best bull; — the superiority of his share consisting only in the quality of the bull, not in the number.

‘Those who are junior to him’ — i.e., to the son born of the eldest wife. — Junior by what? — ‘On account of the position of their mothers’ — i.e., according to the order of their marriage. Thus the seniority among the sons is determined by the seniority of their mothers, and not by their own age. — (123)

 

Explanatory notes by Ganganath Jha:

(verses 9.122-123)

These verses are quoted in Vivādaratnākara (p. 473), which adds the following explanation: The question here raised pertains to the case where there are several sons born of several mothers belonging to the same caste as the father; the term ‘pūrvajaḥ’ (in verse 123) stands for the younger son born of the senior wife, as is clear from the latter half of the verse; which means that the next best bullocks — those not the very best — shall belong to those brothers who are ‘junior’ by reason of the junior position of their mothers; i.e., whose mothers are junior to the mother of the aforesaid

brother; — and in Vyavahāra-Bālambhaṭṭī (p. 461).

 

Comparative notes by various authors:

(verses 9.122-126)

Gautama (28.14-17). — ‘If a man has several wives, the additional share of the eldest son is one bull; — but if the eldest son also happen to be born of the first-married wife, his additional share shall consist of fifteen cows and one hull. The oldest son born of a later-married wife shall share the estate equally with his younger brothers born of the senior wife. Or the special shares shall be adjusted in each class of sons, according to their mothers.’

Bṛhaspati (25.15). — ‘When there are many sons sprung from one father, equal in caste and number, but born of different mothers, a legal division may be effected by adjusting the shares according to the mothers.’

Devala (Vivādaratnākara, p. 477). — ‘Among sons belonging to castes other than that of the father, seniority is determined by their moral character; between twins, by actual birth, i.e., that one is senior whose face the father sees first.’

 

 

VERSE 9.124

Section XVI - Detailed Laws of Partition among Sons

 

ज्येष्ठस्तु जातो ज्येष्ठायां हरेद् वृषभषोडशाः ।
ततः स्वमातृतः शेषा भजेरन्निति धारणा ॥१२४॥

jyeṣṭhastu jāto jyeṣṭhāyāṃ hared vṛṣabhaṣoḍaśāḥ |
tataḥ svamātṛtaḥ śeṣā bhajeranniti dhāraṇā ||124||

 

The elder son born of the younger wife may take (fifteen cows with) a bull as the sixteenth; the others may take shares according to the seniority of their mothers; such is the settled rule. — (124)

 

Medhātithi’s commentary (manubhāṣya):

This verse puts forward another alternative regarding the ‘preferential share’ in the ease of sons spoken of in the preceding verses.

If the elder son is born of the younger wife, he shall take fifteen rows, and a hull as the sixteenth. That the fifteen are meant to be cows is indicated by the mention of the hull; — the hull needs the cow as its companion.

The ‘others’ — the remaining sons — shall take the cows — ‘according to the seniority of their mothers;’ — i.e., he whose mother is senior shall take a better cow than the one that is taken by him whose mother is junior.

Or, the verse may be taken as laying down an additional ‘preferential share’ for the son born of the elder wife, — in addition to what has been laid down in the preceding verse. In this case, there would be no ‘a’ before the word ‘jyeṣṭhāyām’ (which, in the former explanation has been taken as ‘ajyeṣṭhāyām’).

It would appear to be necessary to consider what is exactly meant by the expression ‘according to the seniority of their mothers.’ But, inasmuch as the two verses (in which the phrase occurs) are purely declamatory, we make no Attempt to find out its exact meaning.

What has been said hitherto is only by way of a preface; the settled conclusion is going to be stated now (in the following verse). — (124)

 

Explanatory notes by Ganganath Jha:

Medhātithi reads ‘ajyeṣṭhāyām’ and remarks that it is another ‘special share but it adds that this may be only another special share for the son of the senior wife (the reading in this case being jyeṣṭhāyām)

This verse is quoted in Vivādaratnākara (p. 473), which reads ‘Jyeṣṭhāyām’ and remarks that this lays down another special share for the brother who is ‘elder’ by reason of being born of the senior wife. — ‘Vṛṣabhaṣoḍaśaḥ’ means ‘cows that have a bull for their sixteenth’, these cows being the animals that are most cognate to the animal mentioned, ‘bull — ‘Śeṣāḥ’, the remaining brothers, by reason of the non-seniority of their mothers, should each take a bull which is not the very best. — It goes on to add that, according to the author of the Prākāśa, what is here stated by Manu is the opinion of ‘others’, — his own view being stated in the next verse, where seniority among brothers is made to rest upon the priority of their birth. — Halāyudha however explains the three verses (122-124) as follows: — When the younger brother is born of the senior and the elder from the junior wife, then the former shall have the best bull as his ‘special share’, — of the other bulls, which are not the very best, one each should be given to the other brothers, the quality of each being in accordance with the respective seniority of their mothers, — and the remainder is to be divided equally among the brothers (123); — but when the elder brother is born of the senior wife, then we have the rule laid down in 124: the cows ‘with a bull as their sixteenth’ goes to the eldest brother, and each of the other brothers receives as his ‘special share’ one bull, the quality of which is to be determined by the relative seniority of their mothers.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 461).

 

Comparative notes by various authors:

(verses 9.122-126)

See Comparative notes for Verses 9.122-123.

 

 

VERSE 9.125

Section XVI - Detailed Laws of Partition among Sons

 

सदृशस्त्रीषु जातानां पुत्राणामविशेषतः ।
न मातृतो ज्यैष्ठ्यमस्ति जन्मतो ज्यैष्ठ्यमुच्यते ॥१२५॥

sadṛśastrīṣu jātānāṃ putrāṇāmaviśeṣataḥ |
na mātṛto jyaiṣṭhyamasti janmato jyaiṣṭhyamucyate ||125||

 

Among sons born of equal wives, — if there is no other distinction, — there is no seniority on account of their mothers; seniority is declared to be by birth only. — (125)

 

Medhātithi’s commentary (manubhāṣya):

‘Equal’ — of the same caste. — (125)

 

Explanatory notes by Ganganath Jha:

“As this verse and the following one contradict the rules given in verses 123-124, the commentators try to reconcile them in various ways. Medhātithi thinks that verses 123-124 are an Arthavāda, and have no legal force, and Rāghavānanda inclines to the same opinion. — Nārāyaṇa and Nandana hold that the seniority according to the mother’s marriage is of importance for the law of inheritance (verses 123-124), but that it has no value with respect to salutations and the like, or to prerogatives at sacrifices (verses 125-126). Kullūka, finally relying on Govindarāja’s opinion, thinks that the rules leave an option, and that their application depends on the existence of good qualities and the want of such. It is, however, probable that according to the custom of Hindu writers, the two conflicting opinions are placed side by side, and that it is intended that the learned should find their way out of the difficulty as they can.” — Buhler.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 36); — in Nirṇayasindhu (p. 177); — and in Vyavahāra-Bālambhaṭṭī (p. 461).

 

Comparative notes by various authors:

(verses 9.122-126)

See Comparative notes for Verses 9.122-123.

 

 

VERSE 9.126

Section XVI - Detailed Laws of Partition among Sons

 

जन्मज्येष्ठेन चाह्वानं सुब्रह्मण्यास्वपि स्मृतम् ।
यमयोश्चैव गर्भेषु जन्मतो ज्येष्ठता स्मृता ॥१२६॥

janmajyeṣṭhena cāhvānaṃ subrahmaṇyāsvapi smṛtam |
yamayoścaiva garbheṣu janmato jyeṣṭhatā smṛtā ||126||

 

In the Subrahmaṇyā text also, the invocation has been declared as to be done by the son who is eldest by birth. Between sons conceived as twins, seniority has been declared to be dependent upon birth. — (126)

 

Medhātithi’s commentary (manubhāṣya):

This is a declamatory text, supporting the view that seniority is to be determined by birth.

The ‘Subrahmaṇyā’ is the name of a mantra — text recited by the Chandogas at the Jyotiṣṭoma sacrifice, — occurring in the Aitareya Brāhmaṇa (63). The plural number in ‘Subrahmaṇyāsu’ is due to the multiplicity of verses.

In connection with this mantra, the ‘eldest son’ addresses the invocation to the father — ‘Devadatta’s father offers the sacrifice.’ (Where it is the eldest brother who names himself).

Thus it is ‘seniority’ by birth that is real ‘seniority’ in the true sense; the ‘seniority’ based upon the position of the mother is only secondary, figurative.

‘Between sons conceiced as twins,’ — those that have been simultaneously conceived — seniority is determined by birth. — (126)

 

Explanatory notes by Ganganath Jha:

For the ‘Subrahmaṇyā verses’ see Aitareya Brāhmaṇa 6.3.

According to Rāghavānanda the meaning of the second half is that since between twins the one born first is the last conceived, the right of primogeniture is given to the son born last. This is the view hinted at by a passage in the Uttaracarita, where Lava says of his brother ‘prasvakrameṇa sa kīla jyāyān.’ (Act IV).

This verse is quoted in Vīramitrodya (Rājanīti, p. 37), which adds the following notes — That mantra is called ‘Subrahmaṇyā’ which, at the Jyotiṣṭoma sacrifice, is recited for inviting Indra; in this the ‘eldest’ son is represented as addressing the father; and it is the senior by birth that is regarded as the ‘eldest’; and in a case where the sacrificer has twin sons, even though the conception of both may have been simultaneous, yet the son that is born first is held to be the ‘eldest’; this is the made clear by a text of Devala’s where it is declared that of twins, that child is to be regarded as the ‘elder’ whose face is seen first In the Saṃskāra section we find the other view stated (see below).

It is quoted in Vivādaratnākara (p. 477), which has the following notes — The ‘Subrahmaṇyā’ is the mantra recited at the Jyotiṣṭoma by Chandoyas, when the form employed is ‘so and so, the father of so and so is sacrificing’; and here it is the elder son that is named; and he is the one that is born first.

It is quoted in Vīramitrodaya (Saṃskāra, p. 161), which adds the following notes: — Between twins seniority is determined by birth in the womb; i.e., that child is ‘elder’ who is the first to be born in the mother’s womb; while the one born, i.e. conceived, later is regarded as junior; and it is not that seniority belongs to the child that comes out of the womb first; this conclusion is based on the fact that the child born later has been conceived earlier and would have been born earlier also, had not its passage outside been obstructed by the second child conceived later; the order of conception being the reverse of that of birth. It is only when both children are born simultaneously that seniority belongs to one whose face the father sees first — It goes on to add that this view has been held by ‘some people’ and in reality seniority must be determined by the priority of actual birth coming out of the womb.

It is quoted in Vyavahāra-Bālambhaṭṭī (pp. 461 & 702); — and in Saṃskāraratnamālā (p. 828), which has the following notes — ‘Subrahmaṇyā’ is the name of a mantra used, at the Jyotiṣṭoma sacrifice, for inviting Indra; it is recited along with the name of the sacrificer’s son, and the rule is that it is the name of the eldest son that is pronounced; and it is the eldest by age that is taken; so in partition also; and between twins also, though they are conceived simultaneously, yet one that is born first is regarded as the elder of the two.

 

Comparative notes by various authors:

(verses 9.122-126)

See Comparative notes for Verses 9.122-123.

 

 

VERSE 9.127 [Property of one who has no Male Issue: the ‘Appointed Daughter’]

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

अपुत्रोऽनेन विधिना सुतां कुर्वीत पुत्रिकाम् ।
यदपत्यं भवेदस्यां तन् मम स्यात् स्वधाकरम् ॥१२७॥

aputro'nena vidhinā sutāṃ kurvīta putrikām |
yadapatyaṃ bhavedasyāṃ tan mama syāt svadhākaram ||127||

 

He who has no son may make his daughter an ‘appointed daughter’ in the following manner: [He shall mark the declaration] — ‘The child that may bk born of her shall be the performer of my funeral rites’. — (127)

 

Medhātithi’s commentary (manubhāṣya):

‘The child that may be born of this girl shall be the performer of my funeral rites.’ The term ‘svadhā,’ stands for the Śrāddha and the other after-death rites; it is not necessary that this shall be; the exact formula uttered. Says Gautama (28.18) — ‘The father, having no son, shall offer sacrifices to Agni and Prajāpati, and shall give away the appointed daughter, stipulating that the child shall be for me.’ — The opinion of some people is that the daughter becomes appointed by mere intention, (28.19); from which it is clear that the daughter becomes ‘appointed’ even without the pronouncement of any definite formula.

“In the absence of a distinct stipulation, even though the intention may be present in the father’s mind, yet, until it has been clearly declared, the son-in-law may not agree (to surrender the child).”

It is in view of this that the text says — ‘Shall make his daughter an appointed daughter.’ — (127)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 475) as a clear indication that the ‘appointment’ of the daughter is undisputed in a case where it has been done in accordance with a clear agreement between the father of the bride and the bridegroom; — in Nṛsiṃhaprasāda (Vyavahāra 38a); — in Vyvahāra-Balambhaṭṭī (pp, 651 and 633) and by Jīmūtavāhana (Dāyabhāga, p. 223), to the effect that the appointed daughter offers the Ball to her appointing father through her son.

It is quoted in the Vidhānapārījāta (p. 699) — in the Vivādaratnākara (p. 561); — in the Smṛticandrikā (Saṃskāra, p. 182), as laying down the mode of appointing the daughter; — in the Saṃskāraratnamālā (p. 414), to the effect that it clearly implies that there should be an express stipulation with the girl’s husband; — in Dattakamīmāṃsā (p. 7); — and in Vīramitrodaya (Vyavahāra 185a), which says that the son that is born of the Appointed Daughter after stipulation, belongs to the father of the girl; though the opinion has been held that this is so also in cases where there has been no open stipulation to the effect.

 

Comparative notes by various authors:

(verses 9.127-129, 9.132-133)

(See below, verse 139.)

Gautama (23.18). — ‘A father who has no male issue may appoint his daughter, offering oblations to Agni and to Prajāpati, and addressing to the bridegroom the words — “For me be thy male offering.” Some people hold that the daughter becomes an Appointed Daughter by the mere intention of her father.’

Baudhāyana (2.3-15). — ‘The male child born of a daughter after an agreement has been made, is to be known as the son of an appointed daughter, and other male offspring to the daughter they call the daughter’s son.’

Vaśiṣṭha (17.15-17) — ‘The third is the Appointed Daughter; — it is declared in the Veda — “A maiden who has no brothers comes back to the male ancestors (of her own family); returning she becomes their son.” With reference to this matter, there is a verse to be spoken by the father when appointing his daughter, — “I shall give thee a brotherless damsel decked with ornaments; the son whom she may hear shall he my son.’”

Viṣṇu (15.4-5). — ‘The third is the son of an Appointed Daughter. She is called an Appointed Daughter, who is given away by her father with the words “the son whom she bears shall be mine.” She is called an Appointed Daughter, though she has not been given away according to the rule of an Appointed Daughter.’

Bṛhaspati (25.37-38). — ‘Both a son’s son and the son of an Appointed Daughter lead a man to heaven. Both are pronounced to he equal as regards their right of inheritance and the duty of offering balls of meal. Gautama has declared that a daughter is appointed after offering oblations to Agni and Prajāpati; others have said that she is an Appointed Daughter who was merely intended to ho one by a man having no male issue.’

Bṛhaspati (Vivādaratnākara, p. 561). — ‘Just as the daughter has rights over her father’s property, even in the presence of the relatives, so is her son also the owner of the property of his mother’s father.’

Brahmapurāṇa (Vivādaratnākara, p. 562). — ‘A sonless man appoints his daughter as his son, — either in his own mind, or in the presence of the king, the fire, and his relatives; — or she may have been so appointed even before her birth and given to her husband on that express understanding; — or she may be so given away even after her father’s death. Such an Appointed Daughter obtains an equal share in the property of her father.’

Śaṅkha-Likhita (Vivādaratnākara, p. 559). — ‘The Appointed Daughter is like the son; her son offers Piṇḍa to his father’s father as also to his mother’s father; there is no difference, in the world, between the daughter’s son and the son’s son, so far as benefit is concerned.’

Yājñavalkya (Vivādaratnākara, p. 56, 2-128). — ‘The son of the Appointed Daughter is like the body-born son.’

Devala (Vivādaratnākara, p. 562, 2-128). — ‘The son of the Appointed Daughter is equal to the son; he inherits the property of his own father, as also that of his mother’s father, who has no son, as if he were his own son; — he shall offer the ball of meal to his own as well as his mother’s father. Whether appointed or not appointed, whichever son the daughter gives birth to, by that son, does her father also become endowed with son; and he may offer the hall to him and inherit his property.

(Devala also reproduces Manu 133.)

Mahābhārata (13.45-13). — (Same as Manu 132, second-half.)

 

 

VERSE 9.128

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

अनेन तु विधानेन पुरा चक्रेऽथ पुत्रिकाः ।
विवृद्ध्यर्थं स्ववंशस्य स्वयं दक्षः प्रजापतिः ॥१२८॥

anena tu vidhānena purā cakre'tha putrikāḥ |
vivṛddhyarthaṃ svavaṃśasya svayaṃ dakṣaḥ prajāpatiḥ ||128||

 

In ancient times Dakṣa Prajāpati himself made ‘appointed daughters’ in this same manner, for the purpose of multiplying his race. — (128)

 

Medhātithi’s commentary (manubhāṣya):

Prajāpati Dakṣa, who was fully conversant with the law relating to the procreation of offspring, is here cited as an example.

This is a declamatory assertion of the nature of ‘Parakṛti.’ ‘Tradition’ of Practice. — (128)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 654), and in Vīramitrodaya (Vyavahāra 185a).

 

Comparative notes by various authors:

(verses 9.127-129, 9.132-133)

See Comparative notes for Verse 9.127.

 

 

VERSE 9.129

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

ददौ स दश धर्माय कश्यपाय त्रयोदश ।
सोमाय राज्ञे सत्कृत्य प्रीतात्मा सप्तविंशतिम् ॥१२९॥

dadau sa daśa dharmāya kaśyapāya trayodaśa |
somāya rājñe satkṛtya prītātmā saptaviṃśatim ||129||

 

He gave ten to Dharma, thirteen to Kaśyapa, and twenty-seven to King Soma, — having honoured them with an affectionate heart. — (129)

 

Medhātithi’s commentary (manubhāṣya):

‘Having honoured’ — This act of ‘honouring’ is what is enjoined here.

People have held that the mention of ‘ten’ and more daughters is indicative of the fact that one may have more than one ‘appointed daughter.’ — (129)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 654) and in Vīramitrodaya (Vyavahāra 185a).

 

Comparative notes by various authors:

(verses 9.127-129, 9.132-133)

See Comparative notes for Verse 9.127.

 

 

VERSE 9.130

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

यथैवात्मा तथा पुत्रः पुत्रेण दुहिता समा ।
तस्यामात्मनि तिष्ठन्त्यां कथमन्यो धनं हरेत् ॥१३०॥

yathaivātmā tathā putraḥ putreṇa duhitā samā |
tasyāmātmani tiṣṭhantyāṃ kathamanyo dhanaṃ haret ||130||

 

The son is as one’s own self, and the daughter is equal to the son; hence so long as she is there in her own real character, how can anyone else take his property? — (130)

 

Medhātithi’s commentary (manubhāṣya):

It has been said that the father shall declare — ‘The child that is born of her shall be mine;’ and a man’? child inherits his property; so that at the time that the father dies, if the daughter has got no child, it would seem that she cannot inherit his property; it is in view of this that the present text lays down that she shall inherit it

‘So long as she is there in her own real character’ — of being meant to provide a son.

Or, it. may mean — ‘while the father’s own self is there, in the shape of the daughter.’

‘The daughter is equal to the son.’ — Though the text uses the generic term ‘daughter,’ yet from the context it is clear that it is the ‘appointed daughter’ that is clearly meant. — (130)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 591); — in Vivādacintāmaṇi (Calcutta, p. 152), to the effect that like the son, the daughter also serves the purpose of propagating the father’s race; — in Hāralatā (p. 179); — in Vyavahāra-Bālambhaṭṭī (pp. 663 and 691); — in Vīramitrodaya (Vyavahāra 203a); — and by Jīmūtavāhana (Dāyabhāga, p. 270).

 

Comparative notes by various authors:

Mahābhārata (13.45-11). — (Same as Manu.)

Baudhāyana (2.3-14). — ‘One must know a son begotten by the husband himself on a wedded wife of equal caste to be a legitimate son of the body. They quote the following: “From the several limbs of my body art thou produced, from my heart art thou born; thou art my very self called a son; mayst thou live a hundred years.’

 

 

VERSE 9.131

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

मातुस्तु यौतकं यत् स्यात् कुमारीभाग एव सः ।
दौहित्र एव च हरेदपुत्रस्याखिलं धनम् ॥१३१॥

mātustu yautakaṃ yat syāt kumārībhāga eva saḥ |
dauhitra eva ca haredaputrasyākhilaṃ dhanam ||131||

 

Whatever may be the separate property of the mother is the share of the unmarried daughter alone; and the daughter’s son shall inherit the entire property of the man who has no son. — (131)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘yautaka’ is applied to the separate property of a woman; of which she alone is the sole owner. — Others apply it to only what she receives at marriage, and not to all that belongs to her; it is only over the former that she has an absolute right; as it is said that ‘women become their own mistresses, on obtaining presents at their marriage.’

Others again hold that the term ‘yautaka’ applies to the savings that the young woman makes out of what she receives from her husband for her clothing and ornaments, and also for the daily household expenses.

‘Is the share of the unmarried daughter only.’ — Since the text adds the qualification ‘unmarried,’ it is clear that what is said here does not apply to one who has been married. Further, the term ‘eva,’ ‘only,’ referring to what is well known, sets aside the implications of the context; consequently, what is said here (regarding the mother’s property) cannot apply to the ‘appointed daughter’ (who would be married).

Gautama — after having declared that the woman’s property descends to her children’ (28.24) — adds — ‘To her daughters who are unmarried and unsettled;’ where ‘unsettled’ stands for those who, though married, are childless, and without any property of their own, not having obtained a footing in the house of their husbands.

‘The grandson alone is to inherit’ — the entire property of the man who dies without a legitimate son. What would be the share of the grandson, when the man dies leaving a legitimate son, shall he declared Inter on.

The term ‘grandson’ stands for the son of the appointed daughter, in the present sentence only, not throughout the context; as it is only in connection with the ‘mother’s separate property’ (mentioned in the first half of the verse) that there is any authority for rejecting the implications of the context (which refers to the Appointed Daughter). — (131)

 

Explanatory notes by Ganganath Jha:

“According to Medhātithi, Kullūka and Nārāyaṇa, all Strīdhana is meant; — according to ‘others’ mentioned by Medhātithi, Nandana and Rāghavānanda, the so-called ‘saudāyika’ or property derived from the father’s family.” — Buhler.

‘Kumārī’ — ‘an unmarried daughter (Medhātithi and Kullūka); — ‘a daughter who has no sons’ (Nārāyaṇa).

The first half of this verse is quoted in Vivādaratnākara (p. 517) which adds the following notes: — ‘Yautakam’ here stands for what has been given to the girl at the time of her marriage, by her father and other relatives. Halāyudha however holds that it stands for what has been given to the woman for such household purposes as the purchase of vegetables and other things, out of which, by her clever management, she may have saved and increased by judicious handling. To such property of the mother either the sons or the married daughters can have no right, as a rule; but if among the married daughters there be such as are childless or otherwise ill-conditioned, these are to have an equal share in the property.

It is quoted in Parāśaramādhava (Vyavahāra, p. 372), which explains ‘yautakam’ as ‘property obtained from the father’s family’; — in Aparārka (p. 721), to the effect that when the mother’s property comes to be divided among her daughters, the unmarried ones have the preference over the married ones; — in Smṛtitattva II (p. 186), which has the following note: — The term ‘yautaka’ is derived from the root ‘yu’ (to join), and hence signifying junction, or union, it stands for ‘what is given at marriage’; — in Vyavahāra-Bālambhaṭṭī (pp. 631 and 750); — in Dāyakramasaṅgraha (p. 21); — and by Jīmūtavāhana (Dāyabhāga, p. 132), which says ‘yautakam’ stands for the dowry obtained at marriage, — this being indicated by the root ‘yu’ (to join) from which the word is derived, — marriage being the ‘joining’ of the husband and wife.

 

Comparative notes by various authors:

(See below 192.)

Mahābhārata (13.45-12). — (Same as Manu.)

Gautama (2.8.24). — ‘A woman’s separate property goes to her unmarried daughters, and on failure of such, to unsettled married daughters.’

Baudhāyana (2.3.43). — ‘The daughters shall obtain the ornaments of their mother, as many as are presented according to the custom of the caste; or anything else may be given.’

Vaśiṣṭha (17.46). — ‘Let the daughters divide the nuptial present of their mother.’

Viṣṇu (17.21). — ‘If she died leaving children, her wealth goes in every case to her daughter.’

Yājñavalkya (2.145). — ‘If a woman has died without issue, her property goes to her husband, in the case of her having been married by the first four forms of marriage; but to her father, in the case of her having been married by the other forms of marriage; if she has died leaving children, her property goes to her daughters.’

Devala (Vivādaratnākara, p. 519). — ‘On the mother’s death her Strīdhana belongs equally to her sons and daughters; if she dies childless, it goes to her husband, or to her mother, or brother or father.’

Bṛhaspati (25.87 Aparārka, p. 721). — ‘A woman’s Strīdhana goes to her children; her daughter also has a share in it, if she is unmarried; if married, she receives only some honorific trifle.’

Pāraskara (Parāśaramādhana-Vyāvahāra, p. 372). — ‘A woman’s Strīdhana has been declared to belong to her unmarried daughter; if the daughter has been married, she shares it equally with her brothers.’

 

 

VERSE 9.132

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

दौहित्रो ह्यखिलं रिक्थमपुत्रस्य पितुर्हरेत् ।
स एव दद्याद् द्वौ पिण्डौ पित्रे मातामहाय च ॥१३२॥

dauhitro hyakhilaṃ rikthamaputrasya piturharet |
sa eva dadyād dvau piṇḍau pitre mātāmahāya ca ||132||

 

The daughter’s son should inherit the entire property of the sonless father; he shall also offer two cakes — to the ‘father’ and to the ‘maternal grandfather.’ — (132)

 

Medhātithi’s commentary (manubhāṣya):

That the son of the Appointed Daughter shall inherit the entire property of the father having been already laid down in the foregoing verse, the present verse has been explained by some people as laying down the necessity of ottering the two cakes, with reference to the said‘daughter’s son.’ And according to these people the reading is ‘hared yadi,’ ‘if the son of the Appointed Daughter inherits, etc., etc.’

According to this view, the offering of the cakes would he incumbent only in the event of the man inheriting the entire property; so that he need not offer the cakes in the event of his receiving an ‘equal share’ (as laid down under 131 below). If this were not the meaning, then there would be no point in the injunction, if the offering of cakes, which would he already indicated by the general law that ‘one shall make offerings to him From whom he receives anything.’ And in that ease any reference to the inheriting of the ‘entire property’ would he absolute purposeless.

This explanation however cannot be right. What is meant is that he ‘shall inherit the property of the sunless father;’ and ‘aputrasya pitur haret’ is the long-accepted reading also. The term‘father’ also is known to apply to the actual progenitor, and not to the maternal grandfather. Henee what is meant is that ‘if the husband of the appointed daughter has no son from any other wife, but has one from the appointed daughter, then this same son shall be the son for his own father, as also for his mother’s father.’ If however, the progenitor has sons from his other wives, then the son born of the ‘appointed daughter’ shall neither inherit the property of, nor offer cakes to, him; — even though he may be born of a mother belonging to the same caste as his father. The relation of the ‘progeny and progenitor’ is different from that of ‘father and son.’ Even though the ‘fathers’ of ‘Kṣetraja’ and some oilier kinds of son, are not their ‘progenitors,’ yet they are regarded as having those as their ‘issue’; while the fathers of the ‘purchased,’ and the ‘abandoned’ sons, even though their actual ‘progenitors,’ are not regarded as having them as their ‘issue’; as happened in the case of Ajīgarta and other persons (who sold their sons to other persons). In the definition of the ‘Aurasa’ ‘legitimate,’ son (9.166), we find the words ‘in his own soil’; and in the ease of the ‘appointed daughter’ the ‘soil’ belongs to her father; — her husband being only one who has wedded her and as such, is entitled to obedience and service.

For these reasons, the conclusion should be as follows: — in a ease where the husband of the ‘appointed daughter’ has no other sons, the son of the ‘appointed daughter’ shall inherit his entire property, and also offer funeral cakes to him. If however the father has sons from other wives, him the son of the ‘appointed daughter,’ shall not offer cukes to his father.

Such a son is called ‘daughter’s son,’ i.e., the son of the appointed daughter. In the case of the grandfather also, the same principle applies as that in the case of the father; — that is, he shall otter the cake to him whose property he inherits; and not in any other case. As a matter of fact, the injunction that ‘ho shall offer the cakes when he inherits the entire property’ does not necessarily imply that there should be no offering in other cases. Because there being no reference to the father and the grandfather, any such implication would be of the nature of ‘preclusion.’ If there were an implication, oven in the absence of such a reference, the deduction would be that offerings should be made to both. Bo that the meaning would be that — ‘just as cakes are offered to the father and the maternal grandfather, so should they be offered also to the paternal grandfather and the maternal great-grandfather, the two ancestors above the former two respectively. — (132)

 

Explanatory notes by Ganganath Jha:

Cf. 136 and 140.

This verse is quoted in Vivādaratnākara (p. 560), which adds the following notes: — ‘Aputrasya’ i.e., one who has no ‘body-born’ son; — the second half is a mere reiteration of what goes before — says Prakāśa; it is an Arthavāda providing a reason for what has gone before — says Udayakara in his commentary on Manu. [These remarks are based on the reading of the second line as dauhitra eva tu haredaputrasyāsvilaṃ dhanam ].

It is quoted in Vyavahāra-Bālambhaṭṭī (pp. 631 and 664); — in Hemādri (Śrādha, p. 87); — in Gadādharapaddhati (Kāla, p. 427), which says that the two ‘balls’ are to be offered to the father and to the mother’s father; — in Vivādacintāmaṇi (Calcutta, p. 153) which adds that this refers to cases where neither of the parents of the deceased is alive; — and by Jīmūtavāhāna (Dāyabhāga, p. 278) as indicating that the grandson is entitled to the property of his mother’s father by reason of the mother deriving her body from that father.

 

Comparative notes by various authors:

(verses 9.127-129, 9.132-133)

See Comparative notes for Verse 9.127.

 

 

VERSE 9.133

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

पौत्रदौहित्रयोर्लोके न विशेषोऽस्ति धर्मतः ।
तयोर्हि मातापितरौ सम्भूतौ तस्य देहतः ॥१३३॥

pautradauhitrayorloke na viśeṣo'sti dharmataḥ |
tayorhi mātāpitarau sambhūtau tasya dehataḥ ||133||

 

In this world, between the son’s son and the daughter’s son there is no difference, in law; for the father and mother of each of them were both born of h is own body. — (133)

 

Medhātithi’s commentary (manubhāṣya):

This is a declamatory supplement to what has gone before. “Why is there no difference?”

‘Because the father and mother etc., etc’ — (133)

 

Explanatory notes by Ganganath Jha:

‘Na loke... na dharmataḥ.’ — ‘Neither with regard to worldly affairs nor to sacred deities’ (Kullūka); — ‘with respect to sacred duties, according to law’ (Rāghavānanda and Nandana).

This verse is quoted in Smṛtitattva II (p. 191), to the effect that the son’s son and the daughter’s son being on the same footing, just as in the absence of the son, the property goes to the son’s son, so also in the absence of the daughter it should go to the daughter’s son; — again on p. 394; — and in Vyavahāra-Bālambhaṭṭī (pp. 631, 664 and 752).

 

Comparative notes by various authors:

(verses 9.127-129, 9.132-133)

See Comparative notes for Verse 9.127.

 

 

VERSE 9.134

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

पुत्रिकायां कृतायां तु यदि पुत्रोऽनुजायते ।
समस्तत्र विभागः स्यात्ज्येष्ठता नास्ति हि स्त्रियाः ॥१३४॥

putrikāyāṃ kṛtāyāṃ tu yadi putro'nujāyate |
samastatra vibhāgaḥ syātjyeṣṭhatā nāsti hi striyāḥ ||134||

 

But if a son happen to be born after the daughter has been ‘appointed,’ the division must be equal; as there is no seniority for the woman. — (134)

 

Medhātithi’s commentary (manubhāṣya):

The division shall be equal, — there shall be equal shares, with the son thus born.

This precludes the ‘preferential share.’

‘There is no seniority for the woman.’ — The ‘seniority’ precluded is in regard to the share of inheritance only, and not in regard to the treatment to be accorded to her. — (134)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 541), which adds the following notes: — The ‘putra’ here stands for the aurasa, ‘body-born,’ son; — ‘anu’, after the ‘appointment’ of the daughter; — ‘striyāḥ’, of the ‘appointed daughter’; who the ‘appointed daughter’ is, is described by Manu in verse 127.

It is quoted in Mitākṣarā (2.132) to the effect that when both the sons — the body-born son and the son born of the ‘appointed daughter’ — are there, all the property is not to go to the former only. The Bālambhaṭṭī adds that the meaning of the last quarter is that the ‘special portion’ ordained for the ‘eldest son’ does not accrue to the ‘appointed daughter’ or her son.

It is quoted in Aparārka (p. 739); — in Parāśaramādhava (Vyavahāra, p. 347), which has the same note as the Mitākṣarā; — in Madanapārijāta (p. 654); — in Vivādacintāmaṇi (Calcutta, p. 150); — in Dāyakramasaṅgraha (p. 51); — by Jīmūtavāhan (Dāyabhāga, pp. 223 and 67), as setting forth a reason why the Appointed Daughter should offer the Ball through her son.

 

Comparative notes by various authors:

Bṛhaspati (25.33, 35). — ‘Of the thirteen sons mentioned by Manu, the Body-horn son and the Appointed Daughter continue the family. No one hut a Body-born son is declared to be the father’s heir; an Appointed Daughter is equal to him; all the others are entitled to maintenance only.’

Kātyāyana (Parāśaramādhava-Vyavahāra, p. 347). — ‘On the birth of a Body-born son, the other sons are entitled to only a fourth part of the share, if they belong to the same caste as the father; if they belong to lower castes, they are entitled to food and clothing only.’

 

 

VERSE 9.135

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

अपुत्रायां मृतायां तु पुत्रिकायां कथं चन ।
धनं तत् पुत्रिकाभर्ता हरेतैवाविचारयन् ॥१३५॥

aputrāyāṃ mṛtāyāṃ tu putrikāyāṃ kathaṃ cana |
dhanaṃ tat putrikābhartā haretaivāvicārayan ||135||

 

If the appointed daughter happen to die without a son, the husband of that appointed daughter may, without hesitation, take that property. — (135)

 

Medhātithi’s commentary (manubhāṣya):

So far it would appear that the husband of the Appointed Daughter who has had no issue, has nothing to do with the property in question; hence the present text lays down his connection with it.

In this connection there arises the question: — “Does the Appointed Daughter become ‘sanctified’ by marriage or not? If she is sanctified, then she becomes a wife; as ‘marriage’ consists in ‘making a wife.’ And in that case her property naturally reverts to her husband (?). If, on the other hand, she is not sanctified by the marriage, — then, as she would still continue to be a maiden, her husband’s intercourse with her would he of the nature of having intercourse with an unmarried maiden, and would he a direct contravention of the rule that one should always remain attached to his own wife.”

You may take it any way you choose. (?)

“But in that case the present verse becomes meaningless.”

There is no force in this objection. In order to complete the usefulness of the verse, it should he taken as meant to set aside the notion that ‘just as the child horn of the Appointed Daughter does not belong to her husband, so would her property also not be inherited by him.’ As a matter of fact, again, there are several verses in the work of Manu that are purely declamatory.

Or, (for the sake of argument) it may be said that the Appointed Daughter is not sanctified by Marriage. Even so, intercourse with her would not mean intercourse with a maiden. — “How so?” — Because all that is meant is that the child born of her shall belong to its mother’s father; and any consideration of extraneous matters is entirely out of place (?) Then again, the act of the husband of the Appointed Daughter is not among those that make one an ‘outcaste’ (as it would, if it meant intercourse with a maiden).

Further, is the argument that ‘it moans intercourse with a maiden’ urged on the understanding that the name ‘maiden’ stands for the remarried widow? As a matter of fact, there are three kinds of ‘maidens’ — (l) one who has had no sexual intercourse with a male, (2) one who has dedicated herself to lifelong service of temples, and (3) one who is still a child. Now, if the objector understands the term ‘maiden’ as standing tor one who has had no sexual intercourse, then, the first intercourse that the husband has with his married wife would also be ‘intercourse with a maiden.’ In the present treatise, the term ‘kanyā,’ ‘maiden,’ is generally used in the sense of ‘one who has had no sexual intercourse with a male.’

If the term ‘maiden’ be taken to stand for one for whom the sacraments have not been performed, — that cannot he right; as words expressive of that would he forthcoming at the very outset (?) In fact, it is only on the strength of other authorities that the term is taken figuratively as standing for the said person (?) It has been said that — ‘all the sacred texts used at marriage are applicable to maidens only, and never to non-maidens, because the latter are such as have fallen off from all religious rites’ (8.226); and the mention of ‘falling off from religious rites’ is clearly indicative of the fact that the girl who has had intercourse with man is a ‘non-maiden’; and obviously, she who has not had such intercourse is a ‘maiden.’ In all these cases the ‘rites’ referred to are those that are done in accordance with the direct signification of the term ‘maiden.’ Now the question arises whether this is so in the case of all ‘rites, ‘or only in those in regard to which there are other authorities? Now, as regards the son called ‘maiden-born’ ‘Kānīna,’ the very name indicates that the girl is still under her father and is devoid of the sacramental rite (of marriage). If the name indicated only the absence of religions rites, — i e., if the name ‘maiden-horn’ applied to the child not born of lawful wed-lock, — then the son of the married woman also, begotten by men other than her husband, would he ‘maiden-born.’ On the other hand, if the name indicated the ownership of the father only, then the daughter of the Appointed Daughter also would come to be called ‘maiden-born’.

It has been said above that intercourse with the ‘maiden’ involves the transgression of the law that one should have intercourse with his ‘wife’ only, lint this law does not mean that, ‘one should not have intercourse with women other than his wife,’ or that, ‘he should not love another woman or another wife.’ Because if it meant that, then all this prohibition being already contained in this law, any separate prohibition of ‘intercourse with the wives of others’ would he entirely superfluous. What the said law does mean is that ‘the man shall cherish love for his wife,’ — the cultivating of the feelings of love being conducive to great happiness. (?) The passage — ‘One should not cherish desire for any woman, nor the wife of another man, as by avoiding this he falls not off from virtue’ — is a mere reiteration. Or, it may only mean the injunction that ‘while remaining attached to his own wife, one should avoid intercourse with her on the sacred days.’ Even so, the injunction would be only supplementary to another. Nor would the case in question fall within the prohibition of intercourse with ‘another’s wife’; because so long as she has not been married, she cannot, be called ‘wife.’

Now what is the right course to adopt?

The right course is that the girl (Appointed Daughter) should not be wedded by any person. There are eight forms of marriage; they have been styled ‘Brāhma’ and the rest, in accordance with the nature of the manner of acceptance involved in each; and in the case of the Appointed Daughter, there is no ‘acceptance’ (or making own); as in her case, the ownership of the girl’s father does not cease. Further, the very prohibition regarding the marrying of a brotherless girl implies that one should not marry the ‘Appointed Daughter.’ It is said for instance that — ‘one should not marry a brotherless girl, as her son belongs to her father’ (Gautama, 28.20). This prohibition occurs in a special context; and the trangression of this would make the marriage lose its true sacramental character; just as the marrying of a Śūdru girl by a Brāhmaṇa deprives his ‘fire’ of the ‘Āhavanīya’ (sacrificial) character.

Mere prohibition however of a certain marriage does not necessarily deprive it of its sacramental character. In many eases, for instance, people marry the ‘tawny girl,’ and several such others as are forbidden; and with the assistance of those wives they do cany on their religious duties. But if the girl belongs to the same Gotra or Pravara as her husband’s, then, even though she has been ‘married,’ she cannot fulfill the duties of the ‘wife’ for him. It is in view of this fact that in connection with the rule that — ‘one should not marry the lawny girl ete., etc.,’ — some people have held that the prohibition, pertains to the visible disabilities, and hence it does not stand on the same footing as the prohibition of the marrying of a ‘sapiṇḍa’ girl; though both the prohibitions occur in the same context.

“Wherefore then is there any prohibition as to the case of the Appointed Daughter falling under Marriage?” Because as a supplement to the said prohibition, there is the assertion ‘because the child belongs to the father.’

Thus then, it is only in so far as the obtaining of children is concerned that the Appointed Daughter cannot he one’s ‘wife’; she is fully entitled to assist as ‘wife’ in all that relates to sacred duties, property and pleasure.

This may ho so; yet, inasmuch as she cannot become the man’s own, there can be no real marriage (which implies ownership).

“In that case the son of the Appointed Daughter would be ‘maiden-born.’ Because he would not belong to his progenitor; he being the child of parents not lawfully wedded, if however, the marriage of the Appointed Daughter is of the nature of a ‘sacrament,’ the child fulfills both conditions — that of belonging to his progenitor and being born of duly hallowed wed-lock. And if he fails in only one of those two conditions, he is still different from the‘maiden-born.’”

Our answer to the above is as follows: — The character of the‘maiden-born’ son is not present in the son of the Appointed Daughter.

The definition of the ‘maiden-horn’ is thus stated — ‘A son whom a maiden secretly bears in her father’s house, one should call maiden-born by name; and the child horn of the maiden belongs to the man who marries her’ (9.172). And the meaning of this is as follows. — ‘If a son fulfills these conditions, he shall he regarded in this treatise as maiden-born; and the question arising as to the person to whom such a son belongs, the text adds, as an additional sentence, that ‘the child horn of the maiden belongs to the man who marries her.’ Or, this text may he taken not as defining the particular kind of son, but simply as declaring his relationship; — the sense being that ‘the maiden-born son should he regarded as related to the person who marries the girl’; so that the whole text forms one connected sentence. As a matter of fact, relationship varies with variations in the persons concerned and the attendant circumstances, — such for instance, as while the one (the maiden-born) is begotten secretly, the other (that of the Appointed Daughter) is begotten openly.

Thus the idea that the text quoted supplies the definition of the ‘maiden-born’ son should be regarded as repudiated. It only points out that the child is‘maiden-born’....(?)

Others however have declared that the Smṛti text itself has a special hearing; the name‘maiden-horn’ is not applied to every child of an unmarried‘maiden’; it applies only to such a child as has been defined by Manu.

This view also we accept (??) — (135)

 

Explanatory notes by Ganganath Jha:

‘Dhanam.’ — ‘What the appointed daughter received from her father either during his life-time or on his death.’ (Nārāyaṇa). — But Kullūka says that this prohibits the father inheriting the appointed daughter’s estate on the plea that she was his ‘son.’ — According to Nandana it precludes the paternal uncle and other relatives from inheriting the property of an appointed daughter.

This verse is quoted in Aparārka (p.754), which adds that this refers to the case of the daughter who has been ‘appointed’ under the terms that ‘the son born of this girl shall be mine’, and not to that of one who is ‘appointed’ as herself being the ‘son’; in the case of the latter the husband is precluded from inheriting her property, by Paiṭhīnasi.

It is quoted in Vivādaratnākara (p. 520), which adds that this rule is meant for cases where the dead sonless daughter has no unmarried daughter or sister; — in Parāśaramādhava (Vyavahāra, p. 374), which adds that this refers to cases where no brother-is born to the lady, oven subsequently; — in Vyavahāra-Bālambhaṭṭī (p. 742 and 765); — and by Jīmūtavāhana (Dāyabhāga p. 276), which says that this refers to cases where a son has been born to the Appointed Daughter and has died.

 

Comparative notes by various authors:

Yājñavalkya (2.145). — ‘The property of a childless woman goes to her husband.’

Śaṅkha-Likhita (Aparārka, p. 754). — ‘If an Appointed Daughter dies childless, her husband does not inherit her property.’

Paiṭhīnasi (Do.) — ‘When an Appointed Daughter dies childless, her property should not go to her husband; it should be taken cither by her mother or by her mother-in-law [for these two, the text, as quoted in Vivādaratnākara, p. 521, mentions the unmarried sister.]’

Devala (Vivādaratnākara, p. 519). — ‘If a woman dies childless, her property should be taken either by her husband, or by her mother or by her brother or by her father.’

Nārada (13.9). — ‘If the woman has no offspring, her property goes to her husband, if they were married in the first four forms of marriage; it shall go to her parents, if she had been married in the last four forms of marriage.’

 

 

VERSE 9.136

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

अकृता वा कृता वाऽपि यं विन्देत् सदृशात् सुतम् ।
पौत्री मातामहस्तेन दद्यात् पिण्डं हरेद् धनम् ॥१३६॥

akṛtā vā kṛtā vā'pi yaṃ vindet sadṛśāt sutam |
pautrī mātāmahastena dadyāt piṇḍaṃ hared dhanam ||136||

 

Either appointed on not appointed, if a daughter bears a son to a husband of equal status, through that son does the maternal grandfather become endowed with a ‘son’s son’; he shall offer the funeral cake and inherit his property. — (136)

 

Medhātithi’s commentary (manubhāṣya):

By duly considering what has gone before and what follows next, it is clear that the present verse also refers to the Appointed Daughter.

It has been said that the son of the unappointed daughter also is entitled to the property of his maternal grandfather; how much more so is the son of the Appointed Daughter entitled to it? — This is the idea meant to be expressed. The verse cannot he taken as laying down the title of the grandson to the property of the maternal grandfather; for if such a general principle were recognised, then there would be no need for the institution of the ‘appointed daughter’ at all.

“But in another Smṛti text it is found to be laid down that it is incumbent upon every daughter’s son to offer the cake to his maternal grandfather: — ‘so also on behalf of the mother’s fathers’ (Yājañvalkya, 1.228). And in the present verse also, if we ignore the fact of its occurring in a context dealing with the ‘appointed daughter,’ and bear in mind the words of the text itself, it appeal’s only reasonable to take, as pertaining to every daughter’s son, the injunction regarding ‘the offering of cakes and the inheriting of property. In another text also, it has been declared that ‘the daughter’s son shall take the entire property etc., etc.’ (Manu, 9.132).”

Our answer to the above is as follows: — In the text quoted from Yājñavalkya, we find the term ‘mother’s fathers’

in the plural; now does this refer directly to the individual ‘father,’ or indirectly to the ‘mother’s grandfather’ and other ancestors? In the former case, it would mean that the offering is to be made to the maternal grandfather only, just like the ordinary ‘Śrāddha’ and other offerings; and this would be wrong, after the ‘Sapiṇḍīkaraṇa’ has been done (which has unified the mother’s father with her grandfather and great-grandfather); since it has been declared that ‘after the Sapiṇḍīkaraṇa one shall offer cakes to all the three.’ If it be held that the Sapiṇḍīkaraṇa rite itself may not be performed. But this also could not be; as the performance of it is nowhere forbidden. As for ‘indirect’ indication, it can be justified only under very special circumstances; and then too it must be in consonance with the direct declaration of Śruti texts. And it is only in very special circumstances that a text ean be entirely separated from the context in which it occurs; as is found to be the case in regard to the ‘Twelve Upasads.’ (Mīmāṃsā Sūtra. 3.3.15-16).

As for the epithet ‘not appointed,’ it has been already explained that it means something quite different.

For all these reasons, the verse must be taken as referring to the son of the Appointed Daughter only. — (136)

 

Explanatory notes by Ganganath Jha:

‘(a) Akṛtā vā (b) kṛtā.’ — (a) ‘Daughter not appointed explicitly, and (b) one appointed explicitly’ (Kullūka); — (b) ‘unappointed, i.e., any ordinary daughter’ (Govindarāja and Nārāyaṇa Nandana); — the ‘unappointed daughter’ is added only hyperbolically, the meaning being that ‘when even the unappointed daughter is entitled to inherit, the appointed one is all the more entitled’ (Medhātithi).

This verse is quoted in Mitākṣarā (2.136), to the effect that in the absence of the son and the daughter, the property goes to the daughter’s son. The Bālambhaṭṭī adds that Vijñāneśvara had taken the verse as applying to all daughters, but Medhātīthi has come to the conclusion that the rule is meant for the ‘Appointed Daughter’ only.

It is quoted in Aparārka (p. 435), to the effect that the ‘daughter’s son’ who inherits his grand-father’s property must offer Śrāddhas to him; — in Nṛsiṃhaprasāda (Vyavahāra 40b); — in Vīramitrodaya (Vyavahāra, p. 190a and 205b), which explains that the Appointed Daughter being a ‘son’, her son, even though the ‘son of a daughter’ (dauhitra) is virtually the ‘son’s son’ (pautra); and hence just as the son’s son inherits the property op the failure of the son, so does the daughter’s son also, on the failure of the daughter; — and by Jîmūtavāhana (Dāyabhāga. p. 224).

 

Comparative notes by various authors:

Gautama (28.9). — ‘Some people declare that a daughter becomes an Appointed Daughter merely by the intention of her father.’

Yama (Aparārka, p. 435). — ‘The son of the Appointed Daughter should always offer the Shraddha to his mother’s father.’

Kātyāyana (Do.) — ‘If one has no son, his Śrāddha should he performed by his daughter’s son.’

Skanda (Do.) — ‘If one inherits the property of the father and other ancestors of his mother, he must perform their Śrāddha in due form.’

Bṛhaspati (25.37). — ‘Both a son’s son and the son of an Appointed Daughter lead a man to heaven; both are pronounced to be equal as regards their right of inheritance and the duty of offering balls of meal.’

Smṛti (Vivādaratnākara, p. 586). — ‘The son’s sou and the son of the Appointed Daughter both lead one to supreme Bliss; and both are considered equal in the matter of offering the Ball of meal and water, and also in regard to inheritance.’

 

 

VERSE 9.137

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

पुत्रेण लोकान्जयति पौत्रेणानन्त्यमश्नुते ।
अथ पुत्रस्य पौत्रेण ब्रध्नस्याप्नोति विष्टपम् ॥१३७॥

putreṇa lokānjayati pautreṇānantyamaśnute |
atha putrasya pautreṇa bradhnasyāpnoti viṣṭapam ||137||

 

Through the son one conquers the worlds, through the grandson he obtains immortality, and through the son’s grandson he attains the regions of the Sun. — (137)

 

Medhātithi’s commentary (manubhāṣya):

‘Through the son’ — when born, — i.e. through the help rendered by him — ‘one conquers’ — wins — ‘the worlds’ — the ten ‘sorrowless regions,’ Heaven and the rest’. That is he becomes bo rn in those regions.

Similarly ‘through the grandson, he obtains immortality’ — i-e., long residence in those regions.

‘Through the son’s grandson he attains the regions of the Sun’ — i.e., he becomes effulgent and is not be dimmed by any sort of darkness. — (137)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 103), which explains ‘Bradhna’ as the sun; — in Vyavahāra-Balāmbhaṭṭī (pp. 657 and 707); — in Vīramitrodaya (Vyavahāra 199b); — and by Jīmūtavāhana (Dāyabhāga, p. 249).

 

Comparative notes by various authors:

Bodyayana (2. 16.6). — ‘“Through a son one conquers the worlds, through a grandson one obtains immortality; and through the son’s grandson one ascends to the highest heaven”; — this has been declared in the Veda.’

Vaśiṣṭha (17.5). — ‘Through a son one conquers the worlds; through a grandson one obtains immortality; and through the son’s grandson one gains the world of the Sun.’

Do. (Vivādaratnākara, p. 585). — ‘For one. who has a son, there are immortal regions; there is no higher region for one who has no son; childless persons are mere eaters.’

Viṣṇu (15.46). — ‘Through a son one conquers the worlds; through a grandson one obtains immortality; and through the son’s grandson one gains the world of the Sun.’

Yājñavalkya (1.78). — ‘The worlds, immortality and heaven are attained respectively through the son, the grandson and the great-grandson,’

Śaṅkha-Likhita (Vivādaratnākara, p. 584). — ‘Agnihotra, the three Vedas, Sacrifices with hundreds of sacrificial fees, — these are not equal even to the sixteenth part of the birth of the first-born son; for one who has secured sons and grandsons during his life-time and while he is still performing sacrifices without interruption, the heaven is always within grasp.’

 

 

VERSE 9.138

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

पुन्नाम्नो नरकाद् यस्मात् त्रायते पितरं सुतः ।
तस्मात् पुत्र इति प्रोक्तः स्वयमेव स्वयम्भुवा ॥१३८॥

punnāmno narakād yasmāt trāyate pitaraṃ sutaḥ |
tasmāt putra iti proktaḥ svayameva svayambhuvā ||138||

 

Because the Son delivers his father from the hell called ‘Put,’ therefore has he been called ‘Putra,’ ‘Deliverer from Put,’ by the Self-existent One Himself. — (138)

 

Medhātithi’s commentary (manubhāṣya):

This is a declamatory supplement to the Injunction of begetting children.

‘The hell called Put’ — is the name given to the four kinds of elemental life on the Earth. And from this is the father delivered by his son, as soon as he is born; which means that he is born next in a divine life.

It is for this reason that he is called ‘Putra,’ ‘Deliverer from Put.’ — (138)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 583); — in Smṛtitattva II (p. 389), which (adopting the reading sukhasandarśanenāpi tadutpattau yateta saḥ) takes the verse as enjoining the begetting of a son for the purpose of being saved from the hell ‘Put’; — in Vyavahāra-Bālambhaṭṭī (p. 658 and 707); — and in Vīramitrodaya (Vyavahāra 199b).

 

Comparative notes by various authors:

Viṣṇu (15.44). — ‘Because he saves his father from the hell called Put, therefore a male child is called Putra by Svayambhu himself.’

Hārīta (Vivādaratnākara, p. 583). — ‘There is a hell named Put; one whose line is broken goes to hell; hence as saving his father from that hell, the male child is called Putra.’

Bṛhaspati (Do., p. 584). — ‘Since the male child saves the father from the hell called Put, by his mere looking at his face, — therefore a man should make an effort to procure a son.’

Vaśiṣṭha (Do.). — ‘The father throws off his debt on the son, and thereby attains immortality; hence as soon as the son is born, the father should see his face.’

Śaṅkha-Likhita and Paiṭhīnasi (Do.) — ‘Wherever the son is born, the father rejoices at it; because through him he becomes freed from his debts to the Pitṛs.’

Smṛti (Vivādaratnākara, p. 585). — ‘Fathers fearing to fall into hell, desire sons, hoping that one of them may repair to Gayā and bring about their salvation.’

 

 

VERSE 9.139

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

पौत्रदौहित्रयोर्लोके विशेषो नोपपद्यते ।
दौहित्रोऽपि ह्यमुत्रैनं सन्तारयति पौत्रवत् ॥१३९॥

pautradauhitrayorloke viśeṣo nopapadyate |
dauhitro'pi hyamutrainaṃ santārayati pautravat ||139||

 

Between the Son’s son and the Daughter’s son there is no difference in the world; since the daughter’s son also, like the son’s son, saves the man in the next world. — (139)

 

Medhātithi’s commentary (manubhāṣya):

Here also the term ‘daughter’s son’ is to be understood as standing for the son of the. Appointed Daughter.

‘The daughters son, like the son’s son, saves the man in the next world’; — this is purely declamatory; — the fact having been already enjoined before (in 133).

Between these two ‘there is no difference’; — in the case of one (the son’s son), it is the mother, while in that of the other (the daughter’s son) it is the father, that belongs to another family. Hence the daughter’s son also delivers one from the aforesaid Put-hell. — (139)

 

Explanatory notes by Ganganath Jha:

Cf. verse 133.

The second half of this verse is quoted in Smṛtitattva II (p. 185), as attributing the character of the ‘son’s son’ to the daughter’s son.

It is quoted in Dāyakramasaṅgraha (p. 25); — in Dattakamīmānsā (p. 40); — and in Vyavahāra-Bālambhaṭṭī.

 

Comparative notes by various authors:

See texts under 133 and 132.

Viṣṇu (15.47). — ‘No difference is made in this world between the son’s son and the daughter’s son: for even a daughter’s son works the salvation of a sonless man just like a son’s son.’

 

 

VERSE 9.140

Section XVII - Property of one who has no Male Issue: the ‘Appointed Daughter’

 

मातुः प्रथमतः पिण्डं निर्वपेत् पुत्रिकासुतः ।
द्वितीयं तु पितुस्तस्यास्तृतीयं तत्पितुः पितुः ॥१४०॥

mātuḥ prathamataḥ piṇḍaṃ nirvapet putrikāsutaḥ |
dvitīyaṃ tu pitustasyāstṛtīyaṃ tatpituḥ pituḥ ||140||

 

The son of the Appointed Daughter shall offer the first cake to his mother, the second to her father and the third to his father’s father. — (140)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared (132) that ‘he shall offer the cake to his father and to his maternal grandfather’; where the offering of the cake by the son of the Appointed Daughter to bis maternal grandfather has been enjoined; and this is a totally different kind of offering laid down for him.

‘The first cake, he shall offer to his mother,’ — the second to her father.

Some people read ‘pitustasya,’ ‘his (not her) father’ And those who accept this reading offer the cake to the Appointed Daughter, and then to the progenitor, and then the third to the progenitor’s father.

In accordance with this view there would be no offering laid down for the maternal grandfather. — (140)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 563); — in Aparārka (p. 435), as referring to the case of the ‘grandson’ whose mother herself had been an ‘appointed daughter’ in the sense that she herself was made a ‘son’; in Madanapārijāta (p. 609); — and in Vīramitrodaya (Vyavahāra 185b).

 

Comparative notes by various authors:

See texts under 132 and 136.

Baudhāyana (2.3.16). — ‘They quote the following: — “The son of an Appointed Daughter offers the first funeral cake to his mother, the second to her father and the third to his father’s father.”’

 

 

VERSE 9.141 [Adoption]

Section XVIII - Adoption

 

उपपन्नो गुणैः सर्वैः पुत्रो यस्य तु दत्त्रिमः ।
स हरेतैव तद्रिक्थं सम्प्राप्तोऽप्यन्यगोत्रतः ॥१४१॥

upapanno guṇaiḥ sarvaiḥ putro yasya tu dattrimaḥ |
sa haretaiva tadrikthaṃ samprāpto'pyanyagotrataḥ ||141||

 

If one has an adopted son endowed with all good qualities, he shall inherit his property, even though he may have come from another family. — (141)

 

Medhātithi’s commentary (manubhāṣya):

Under 9.185, it is said — ‘Sons, and not brothers or fathers, are the inheritors of the father’s property’ — where all sons are declared to be entitled to inheritance. So long as the ‘legitimate’ son is alive, the ‘Kṣetraja’ and other sons are entitled to maintenance only: ‘The legitimate son alone is the sole master of the entire paternal property; for the others he shall, as an act of kindness, provide for subsistence,’ says Manu (9.163). Thus then the fact of the adopted son inheriting the lather’s property is already established; the present text therefore is meant to indicate that he is so entitled, even when the legitimate son is there. If it did not mean this, there would he no point in the verse at all.

The question that arises is — what shall he the share of the adopted son?

Some people hold that, since nothing particular has been laid down, the share shall he equal to that of the legitimate son.

This however is not right. If shares had been meant to be equal, then this would have been clearly stated, as it has been in the case of the son of the Appointed Daughter (under 9.134). Hence it follows that, as in the ease of the Kṣetraja son, so here also, the share shall be the sixth or eighth part (of that of the legitimate son).

In this connection there is something to be said. Just as the author has declared the share of the Kṣetraja son to be ‘the sixth part’ (9.164), that, of the ‘adopted’ son also would have been prescribed (if it were so intended).

Thus then, the real purport of the reiteration contained in the present verse has got to be found out.

Our revered teacher explains as follows: — The idea provided by the present verse is that, inasmuch as no particular share has been specified, the slare of the adopted son should be understood to be less than that of the Kṣetraja; and he cannot, go without, a share; nor is he entitled to a share equal to that of the legitimate sun, or to that of the Kṣetraja son. — (141)

 

Explanatory notes by Ganganath Jha:

“Medhātīthi, Kullūka and Rāghavānanda refer this rule to the case where a man has a legitimate son and an adopted son, and think that in such a case the latter, being eminently virtuous, shall receive, like the Kṣetraja, a fifth or sixth part of the Estate. Medhātithi remarks that some think he is to have half, but that this opinion is improper, and finally that Upadhyāya, i.e., his teacher, allots to the adopted son less than to the Kṣetraja. — Kullūka and Rāghavānanda state that Govindarāja took the verse to mean that the eminently virtuous adopted, son shall inherit on failure of a legitimate son and of the son of the wife, but that this explanation is inadmissible on account of verse 165. — Nārāyaṇa says ‘it has been declared that the adopted son receives a share like the chief son, when he is eminently virtuous’.” — Buhler.

This verse is quoted in Vivādaratnākara (p. 567), which adds the following note: — ‘Guṇaīḥ’, such as caste, learning and character; — the fact of this adopted son being entitled to inherit being patent from the fact of his being a ‘son’, the specific mention of ‘being endowed with virtues’ is meant to indicate that in a case where a body-born son happens to he born after the adoption, the adopted son is to have a share in the inheritance only if he is ‘endowed with virtues’, while if he is not so endowed, he is entitled to maintenance only.

It is quoted in Dattakamīmāṃsā (p. 28) as countenancing the adopted son’s inheritance of the entire property of the adoptive father, when the latter leaves no ‘body-born’ son; — in Puruṣārthacintāmaṇi (p. 370), to the effect that the adopted son is entitled to an equal share with the ‘body-born’ son; — and in Saṃskāra-ratnamālā (p. 769) to the same effect as Dattakamīmāṃsā.

 

Comparative notes by various authors:

(verses 9.141-142)

Vaśiṣṭha (15.9-10). — ‘If, after an adoption has been made, a body-born son be born, the adopted son shall obtain a fourth part; — provided he her not engaged in rites conducive to prosperity.’

 

 

VERSE 9.142

Section XVIII - Adoption

 

गोत्ररिक्थे जनयितुर्न हरेद् दत्त्रिमः क्व चित् ।
गोत्ररिक्थानुगः पिण्डो व्यपैति ददतः स्वधा ॥१४२॥

gotrarikthe janayiturna hared dattrimaḥ kva cit |
gotrarikthānugaḥ piṇḍo vyapaiti dadataḥ svadhā ||142||

 

The adopted son shall not take the family-name or the property of his progenitor; the cake follows the family-name and the property; for him therefore who gives away his son the funeral offerings cease. — (142)

 

Medhātithi’s commentary (manubhāṣya):

It is only right that the adopted son should have a share in his adoptive father’s property; since he does not inherit either the family-name or the property of his progenitor; and this for the simple reason that he has gone out of the family.

Inasmuch as he does not inherit the family-name and the property of the progenitor, he does not offer cakes to him; since ‘the cake follows the family-name and the property’; — that is, a son offers the funeral cakes etc., to that preson whose family-name and property he inherits.

‘Ceases’ — drops away from him.

‘Svadhā’; — this syllable stands for that which makes the use of the syllable ‘svadhā’ possible; — i. e., the Śrāddha and other offerings. And when a man gives away his son to another man, those offerings cease for him; that is. they should not be offered to him.

This law applies to the ‘made’ and other kinds of sons, — i.e., ‘the one conceived before marriage,’ the ‘cast off’ and ‘the one who benefits both.’

Others construe ‘haret’ as implying the causal form ‘hārayet’, ‘should deprive’; which means that the adopted son shall benefit both fathers.

But the fact of the matter is that the verse opens with the relinquishing of privileges; so that consistently with that, the latter half also should mean that ‘no cake shall be offered’; i.e., the father also shall relinquish his privilege of receiving the cakes.

In the face of these facts, some authority will have to be found for attributing a different meaning to the words (‘haret’ and the rest). — (142)

 

Explanatory notes by Ganganath Jha:

“The general meaning is that all connections with the first family ceases. Nevertheless, according to Kātyāyana and the later usage, if there is a special agreement to that effect, the son may belong to both fathers (dvyāmuṣyāyaṇa)”. — Hopkins.

This verse is quoted in Mitākṣarā (2.132), which notes that ‘adopted son’ is here mentioned as representing all kinds of secondary ‘sons all of whom are entitled to inherit the ‘father’s’ property, as is clear from verse 185 below. — The Bālambhaṭṭī has the following notes: — ‘Datrimaḥ’ is the same as ‘dattaka’, the adopted son; — ‘janayituḥ’, of the progenitor; — according to Medhātithi ‘janayituḥ’ is to be taken as with the Ablative ending; thus then the adopted son is not affected by the impurity consequent on the death of his progenitor. This verse permits the adopting of sons even of gotras other than the adopter’s own. — ‘Pīṇḍa’ means the offering of śrāddha, and this offering of śrāddha follows the gotra and the inheritance, i.e. śrāddha is to be offered to that ‘father’ whose ‘gotra’ and ‘inheritance’ one receives; — it is for this reason that the ‘svadhā’ i.e., śrāddha, offered by the adopted son, ceases — ‘vyapaiti’ — from the person who gave the son to be adopted by another; i.e. the adopted son shall not offer śrāddha to that person. — In reality however the term ‘piṇḍa’ here stands for ‘sāpiṇḍya if it is taken in the sense of ‘śrāddha’. then the subsequent sentence ‘vyapaiti svadhā’ becomes a superfluous repetition. It is for this reason that all cultured people treat, in all matters, the adopted son as belonging to the gotra of the adoptive father, and on the death of the adopted son, it is the sapiṇḍas of the adoptive father that observe impurity for ten days; and in all matters he is regarded as a ‘sapiṇḍa’ of the family of the adoptive father. It is for the same reason that the adopted son is regarded as having ceased to be the sapiṇḍa of his progenitor’s family. — All this however holds good in a case where the progenitor has got other sons; in cases where he has none such, his property must go to his begotten son, even though adopted by another person; and he must perform his śrāddha also. It is in this sense that the ‘dvyāmuṣyāyana’ has been held to benefit both the families,

The verse is quoted in Parāśaramādhava (Vyavahāra, p. 351), which adds the following notes: — The ‘adopted’ son is mentioned only by way of illustration, it stands for all the secondary sons. — Though there are texts that lay down that the secondary sons are entitled to inherit the property of the ‘father’, yet these must refer to other Yugas, except so far as the ‘adopted’ son is concerned, who inherits in Kali-yuga also.

It is quoted in Vīramitrodaya (Saṃskāra, p. 208), as indicating the legality of adopting sons of other gotras also. It proceeds to set forth the order of preference among the several alternatives regarding the gotra &c. of the son to be adopted: — (1) One who is both sagotra and sapiṇḍa of the adopter, — (2) who is sapiṇḍa but not sagotra, — (3) who is sagotra but not sapiṇḍa, — (4) who has the same pravaras, — (5) who is neither sagotra nor sapiṇḍa nor sapravara. — It is quoted again on p. 686, as likely to be understood as prohibiting the performance of śrāddha for the progenitor, and hence implying that the son adopted by another person ceases to be the ‘sapiṇḍa’ of his progenitor. — It is quoted again on p. 716, where the following notes are added: — The adopted son is not to take the ‘gotra’ or the ‘estate’ of his progenitor, and the ‘sapiṇḍa character’ as also the ‘performance of śrādhā’ of the person who gives away the son to be adopted, — becomes removed from the adopted son; and the reason for this is that the Pīṇḍa follows the ‘gotra and the estate’ and hence ceases when these two cease.

It is quoted in Smṛtitattva II (p. 38), where the clause ‘gotrarikthānugaḥ piṇḍah’ only is quoted in support of the principle that inheritance is based upon the benefit conferred by the inheritor upon the original owner of the property. — It is quoted again on p. 384 as indicating the superiority of the Daughter to the adopted and other secondary sons; — and again on p. 391, as laying down that the liability to offering Piṇḍas is based upon the inheritance of property.

It is quoted in Nirṇayasindhu (p. 278), which notes that what is here stated refers to cases where the progenitor has other sons.

It is quoted in Vivādaratnākara (p. 568), which adds that in view of the general principle that the ‘offering of Piṇḍas’ follows ‘gotra and inheritance’, the former ceases in the case stated; — ‘svadhā’ stands for śrāddha and other offerings.

It is quoted in Vyavahāramayūkha (p. 51), which adds the following notes: — The meaning is that the ‘Piṇḍa’ is concomitant with ‘gotra and inheritance’; — this refers to the ‘purely adopted son’, the Dvyāmuṣyāyaṇa retaining the gotra, etc., of his progenitor also; — ‘Piṇḍa’ stands for the śrāddha and other after-death rites, according to Medhātithi, Kullūka Bhaṭṭa and others; while, according to others, ‘piṇḍa’ stands for the ‘sapiṇḍa-character’ and ‘svadhā’ for the śrāddha and other after-death rites; as a matter of fact, however, what the terms “gotra-rikṭha-piṇḍa-svadhā” stand for is all that, is due to the relationship of the progenitor; and all this is precluded in the case in question; thus it follows that the adopted son ceases to have the relation of ‘uterine brotherhood’ with the other sons of his progenitor, and so forth.

It is quoted in Madanapārijāta (p. 135) as indicating the change of gotra for the adopted son; — in Gotrapravaranihandhakadamba (p. 185), which says that this applies only to the offering of Śrāddha and such things; — in Smṛticandrikā (Saṃskāra, p. 185) as laying down the cessation of the generator’s gotra; — in Saṃskāramayūkha (p. 79) as lending support to the view that the son adopted in another family loses the Sāpiṇḍya also of his progenitor’s family; in Saṃskāraratnamālā (p. 455), which says that this is meant for cases where the progenitor has got another son; — in Dattakamīmānsā (p. 30), which explains the second line to mean that ‘in giving his son for being adopted by another person, he relinquishes the śrāddha that that son would have offered’; — in Dattakacandrikā (p. 53), which explains the verse to mean that — ‘By the mere act of being given to be adopted the son ceases to be a son to his progenitor, and thereby relinquishes all his gotra and all claims to his property’; — and in Nṛsiṃhaprasāda (śrāddha 4a).

 

Comparative notes by various authors:

(verses 9.141-142)

See Comparative notes for Verse 9.141.

 

 

VERSE 9.143 [Sons not Entitled to a Share in the Parental Property]

Section XIX - Sons not Entitled to a Share in the Parental Property

 

अनियुक्तासुतश्चैव पुत्रिण्याऽप्तश्च देवरात् ।
उभौ तौ नार्हतो भागं जारजातककामजौ ॥१४३॥

aniyuktāsutaścaiva putriṇyā'ptaśca devarāt |
ubhau tau nārhato bhāgaṃ jārajātakakāmajau ||143||

 

The offspring of a wife not ‘authorised,’ and the offspring obtained from her younger brother-in-law by a woman who has already got a son, — both of these are undeserving of a share; one being born of an adulterer, and the other being the product of lust. — (143)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared above that, when the husband dies without male issue, the wife should obtain the sanction of her elders for the begetting of a son. And this same declaration is reiterated here.

If a woman is ‘not authorised’ by her elders, and yet being anxious for a son, begets one, — under the impression that she being the ‘soil’ of her husband, the son born of her would be his ‘Kṣetraja’ son and thus entitled to inherit his property, — a son born in this manner shall not inherit his father’s property; because a son is called ‘Kṣetraja’ only when he is born in the manner expressly laid down in the scriptures; and it. is only then that he inherits the property of the ‘owner of the soil’ (his dead father). It is for this reason that the present verse denies the inheriting capacity of the son born of the woman not duly ‘authorised;’ but it does not forbid the offering of the funeral cake; even though the son is one born of an ‘outcast’ woman.

Narada (13.19 et. seq) lays down a special rule — ‘Those that are born from an unauthorised woman, either by one or by several men, are not entitled to the property of their father; being, as they are, the sons of the persons from whose seed they have been born; — they shall offer the cake to the person from whose seed they are born, specially if the mother has been obtained by 1 he payment of the nuptial foe; if however the mother has not been obtained by the payment of the fee, they shall offer the cake to the person who had wedded their mother,’

The text uses the term ‘suta,’ ‘offspring’ (instead of ‘putra’ son), because the child referred to is not born in accordance with the law relating to the ‘adopted’ and other sons, and is, on that account, not mentioned among ‘sons.’ Among the twice-born people the issues of one’s mere ‘seed’ (and not of lawful wedlock) are entitled to mere subsistence, and not to the inheritance of property; specially as in connection with all kinds of sons it has been declared that ‘on the death of their father the sons shall divide among themselves the property of their father, left over after the performance of the necessary religious rites; and they are all entitled to maintenance,’ Thus it is the duty of the Legitimate son to provide for the maintenance of the unlawfully-begotten sons; but these latter are not entitled to any inheritance in the property; specially because inheritance has been declared to belong to those particular kinds of sons that have been specially enumerated: We read (in 9.102) of ‘the two heirs’ (whore only two sons are spoken of as ‘heirs’).

From what is said here it follows that ‘the issue of the unauthorised woman,’ not entitled to the property of his lawful father, does become a sharer in that of the person from whose seed he is born; and the share in this case would be just enough for his subsistence.

Then again, as the woman has been obtained at a price, she is a ‘slave,’ and the son ‘slave-born;’ and as such, he is entitled not to a share in the property, but to mere subsistence.

Others have held that, even though the woman may not be a regular ‘slave’ (in the technical sense), she is a servant all the same, since the servant is always employed for doing a definite work; e.g., the bath-man, the toilet-man, the cook and so forth; the woman kept for pleasure also is employed for a definite work, — and is fed and clothed; and hence she is as good as a servant.

Similarly also in the case of the woman who has already got a son, if the son is alive, and yet she obtains a son from her younger brother-in-law, even on ‘authorisation.’

“But how can there be ‘authorisation’ in the ease of a woman who has already got a son?”

It is the brother-in-law who may be ‘authorised’ for the purposes of pleasure, under the pretext of begetting a son.

As a matter of fact, both of these are ‘born of an adulterer;’ the one born of a woman who has already got a son is, in addition, also ‘the product of lust.’ In the case of the former the action is prompted entirely by a longing for a son, and not by lust. — (143)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava, (Vyavahāra, p. 368); — and in Vivādaratnākara, (p. 586), which adds the following notes — ‘Aniyuktāsutaḥ’ is the son begotten by the widow without the permission of her elders; — ‘bhāgam’ share in the property of the husband of the widow; — this means that such a son is precluded from the offering of Piṇḍas and other rites also. This refers to cases where the widow has been bought over to the connection.

 

Comparative notes by various authors:

(verses 9.143-144)

Gautama (28.23). — ‘A son begotten by another relation on a widow whose husband’s brother is alive, — is excluded from inheritance.’

Nārada (13.19-20; Vivādaratnākara, p. 387). — ‘Sons begotten on a widow not authorised, by one or many persons, are not entitled to inherit, — they being the sons of ...

 

 

VERSE 9.144

Section XIX - Sons not Entitled to a Share in the Parental Property

 

नियुक्तायामपि पुमान्नार्यां जातोऽविधानतः ।
नैवार्हः पैतृकं रिक्थं पतितोत्पादितो हि सः ॥१४४॥

niyuktāyāmapi pumānnāryāṃ jāto'vidhānataḥ |
naivārhaḥ paitṛkaṃ rikthaṃ patitotpādito hi saḥ ||144||

 

The made child of an ‘authorised’ woman, if not begotten in the prescribed manner, is not entitled to the paternal property; as he is procreated by outcasts. — (144)

 

Medhātithi’s commentary (manubhāṣya):

‘Not in the prescribed manner;’ — i.e., not wearing the white dress and observing such details.

He is not entitled to the property; i.e., he shall not be treated as the ‘Kṣetraja’ son.

The brother-in-law ‘and the sister-in-law are both rightly regarded as ‘outcasts,’ on account of their having not obeyed the restrictions, in the begetting of the son; since what is permitted by the scriptures is only such intercourse as is done in strict accordance with the rules laid down. — (144)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara, (p. 587), which explains ‘avidhānataḥ’ as ‘not in accordance with the method prescribed for Niyoga’; — and in Dattakamīmānsā, (p. 29) as referring to the Kṣetraja son.

 

Comparative notes by various authors:

(verses 9.143-144)

See Comparative notes for Verse 9.143.

 

 

VERSE 9.145 [Status of the Son Born by ‘Authorisation’]

Section XX - Status of the Son Born by ‘Authorisation’

 

हरेत् तत्र नियुक्तायां जातः पुत्रो यथौरसः ।
क्षेत्रिकस्य तु तद् बीजं धर्मतः प्रसवश्च सः ॥१४५॥

haret tatra niyuktāyāṃ jātaḥ putro yathaurasaḥ |
kṣetrikasya tu tad bījaṃ dharmataḥ prasavaśca saḥ ||145||

 

The son born of the ‘authorised’ woman shall inherit, like the ‘legitimate’ son; as legally that seed is of the owner of the soil and the offspring belongs to him. — (145)

 

Medhātithi’s commentary (manubhāṣya):

‘Like the legitimate, son’; — this has been enjoined here with a view to permit the ‘preferential share’ ordained for the eldest brother; as no other ‘equality’ is possible (between the two kinds of sons). What the present, rule premite is the ‘preferential share’ for the ‘Kṣetraja’ son born of the eldest wife. To this extent, this is a exception to ‘the equal shares’ laid down in verse 121. And since both the rules are equally authoritative, they must he treated as optional alternatives, — the adoption of the one or the other being dependent upon the qualifications of the persons concerned. Apart from this there would be no purpose in this verse; as all that is herein staled has been already laid down elsewhere.

‘That seed is of the owner of the soil,’ — because it serves his purposes. This is purely commendatory; hence it is added ‘legally’ — i.e., according to the law.

Another reason for this lies in the fact that the ‘child’ — which is the visible embodiment of the seed — belongs to the owner of the soil.

This verse is purely declamatory. — (145)

 

Explanatory notes by Ganganath Jha:

“Medhātithi and Kullūka state that the object of this verse is to teach that a Kṣetraja, if endowed with good qualities, may even receive (against verse 120) the additional share of an eldest son; — Nārāyaṇa says the expression ‘like a legitimate son’ is used in order to establish the title to an equal share.” — Buhler.

 

Comparative notes by various authors:

(verses 9.145-148)

Bṛhaṣpati (25.35). — ‘No one but the Body-born son is the inheritor of the father’s property; an Appointed Daughter’s also is equal to him; all the other sons are entitled only to maintenance.’

 

 

VERSE 9.146

Section XX - Status of the Son Born by ‘Authorisation’

 

धनं यो बिभृयाद् भ्रातुर्मृतस्य स्त्रियमेव च ?? ।
सोऽपत्यं भ्रातुरुत्पाद्य दद्यात् तस्यैव तद्धनम् ॥१४६॥

dhanaṃ yo bibhṛyād bhrāturmṛtasya striyameva ca ?? |
so'patyaṃ bhrāturutpādya dadyāt tasyaiva taddhanam ||146||

 

This rule refers to the case where the dead brother was one who had separated from the surviving brother; while the preceding verse was meant for that where the two brothers lived together. This is the only difference between this and the foregoing rules.

 

Medhātithi’s commentary (manubhāṣya):

‘Shall beget a child for that brother’ — i.e., by the mode of‘authorisation.’

‘Shall give the property to that child;’ — nor to its mother.

It is in accordance with this principle that women are entitled to maintenance, and not to ownership of properties; as they are taken care of in oilier ways.

‘His property’ — i.e., the property of the separated brother. — (146)

 

Explanatory notes by Ganganath Jha:

This verse occurs in Vivādaratnākara, (p. 542), which adds the following notes: — The man, who takes care of the property and widow of his brother who had separated from him, should beget a ‘Kṣetraja’ son on that widow and make over the property to that son, he should never take the property for himself.

It is quoted in the Mitākṣarā, (2.136), which says that the meaning is that even when the brother is divided, if he dies, his widow is to be in touch with his property only through the child, and not by her own right The Bālambhaṭṭī adds the following notes. — ‘Bibhriyāt’, should take care; — ‘tameva ca’ is another reading (for ‘eva taddhanam’); — ‘taddhanam,’ the brother’s property; — ‘tasyaiva,’ to the son; — the use of the word ‘dadyāt’ implies that the rule refers to the case of divided brothers; as in the case of Undivided brothers, there would be no property belonging separately to the dead brother.

It is quoted in Aparārka (p. 742), which explains ‘tasyaiva’ to mean ‘to the child only, not to its mother’; — in Parāśaramādhava (Vyavahāra, p. 357), which adds that the meaning is that when a divided brother has died, his widow can have anything to do with his property, only through her child; — in Nṛsiṃhaprasāda, (Vyavahāra, p. 41a); — and in Vīramitrodaya, (Vyavahāra 196a).

 

Comparative notes by various authors:

(verses 9.145-148)

See Comparative notes for Verse 9.145.

 

 

VERSE 9.147

Section XX - Status of the Son Born by ‘Authorisation’

 

या नियुक्ताऽन्यतः पुत्रं देवराद् वाऽप्यवाप्नुयात् ।
तं कामजमरिक्थीयं वृथोत्पन्नं प्रचक्षते ॥१४७॥

yā niyuktā'nyataḥ putraṃ devarād vā'pyavāpnuyāt |
taṃ kāmajamarikthīyaṃ vṛthotpannaṃ pracakṣate ||147||

 

If a woman, without being ‘authorised,’ bears a son either to her broth er-in-law or to some other person, that son they declare to be ‘lust-born,’ ‘incapable of inheritance’ and‘born in vain.’ — (147)

 

Medhātithi’s commentary (manubhāṣya):

Before ‘niyuktā,’ there should be an ‘a’ (coalescing with the ‘ā’ in ‘yā’); for otherwise (if the word meant ‘authorised’) the present verse would be contrary to what has gone in the preceding verse. It might be argued that with ‘aniyuktā,’‘not authorised,’ this would be a needless repetition of what has gone before. But such superfluity can be, and has been, explained.

The older writers however do not accept the reading ‘aniyuktā,’ ‘not authorised.’ And according to them the text is to be explained as meaning that ‘the son born of the authorised woman also is not entitled to the paternal property.’

‘Last-born,’ — even when the man acts under ‘authority,’ there is always a certain amount of ‘lust’ involved, hence the child is called ‘lust-born.’

‘Born in vain;’ — this means that he is incapable of accomplishing the purpose for which he was begotten.

This verse turns out (according to the older writers) to be a denial of the title to inheritance declared before (in 147); and hence an option has been accepted in this case,

Our revered teacher however declares that if we read ‘aniyuktā,’ ‘not authorised,’ the two texts become reconciled. — (147)

 

Comparative notes by various authors:

(verses 9.145-148)

See Comparative notes for Verse 9.145.

 

 

VERSE 9.148

Section XX - Status of the Son Born by ‘Authorisation’

 

एतद् विधानं विज्ञेयं विभागस्यैकयोनिषु ।
बह्वीषु चैकजातानां नानास्त्रीषु निबोधत ॥१४८॥

etad vidhānaṃ vijñeyaṃ vibhāgasyaikayoniṣu |
bahvīṣu caikajātānāṃ nānāstrīṣu nibodhata ||148||

 

This rule should be understood as applying to partition among sons born of wives of the same caste; listen to that applying to that among sons born to one man of several and diverse wives. — (148)

 

Medhātithi’s commentary (manubhāṣya):

‘Sons born of the wives of the same caste.’ — Sons born of mothers of the same caste as the father are entitled to inherit the whole property.

‘Born of diverse wives’; — i.e., of wives belonging to diverse castes.

This is what is now going to be expounded.

‘Severed’ — this is a mere reiteration.

Others however attach special significance to this epithet (‘several’) also; the sense being that in the case of partition among sons born of several wives belonging to diverse castes, the rule is as going to be set forth (in 153), — viz., ‘The Brāhmaṇa son shall take four shares etc., etc.’ As for a single wife of a different caste, — no man ever has recourse to any such; hence she does not count in the present connection. — (148)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 527), which adds that ‘ekayoniṣu’ means ‘those belonging to the same caste’, ‘ekajātānām’, ‘begotten by one man’, — ‘bahvīṣu’, ‘on wives belonging to diverse castes’; — and notes that ‘ekajātānām’ is to be construed with ‘bahvīṣu’ also.

 

Comparative notes by various authors:

(verses 9.145-148)

See Comparative notes for Verse 9.145.

 

 

VERSE 9.149 [Shares of Sons born of Mothers of diverse Castes]

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

ब्राह्मणस्यानुपूर्व्येण चतस्रस्तु यदि स्त्रियः ।
तासां पुत्रेषु जातेषु विभागेऽयं विधिः स्मृतः ॥१४९॥

brāhmaṇasyānupūrvyeṇa catasrastu yadi striyaḥ |
tāsāṃ putreṣu jāteṣu vibhāge'yaṃ vidhiḥ smṛtaḥ ||149||

 

If to a Brāhmaṇa there be four wives in due order, — for partition among the sons born of these, the rule has been declared to be as follows. — (149)

 

Medhātithi’s commentary (manubhāṣya):

‘Order;’ — this refers to what has been said in Discourse III.

This verse also is a brief indication of what follows. — (149)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 527); and in Nṛsiṃhaprasāda (Vyavahāra 35b).

 

Comparative notes by various authors:

(verses 9.149-157)

Vaśiṣṭha (17.47-50). — ‘If a Brāhmaṇa has issue by wives belonging to the Brāhmaṇa, Kṣatriya and Vaiśya castes respectively, — the son of the Brāhmaṇa. wife shall receive three shares; the sou of the Kṣatriya wife, two shares; — the other sous shall inherit equal shares.’

Mahābhārata (13.47.4?, 56). — ‘Something very good, a bull, a vehicle that may he the most important, — this shall be taken as a special share by the son of the Brāhmaṇa mother.’ (57 is the same as Manu 157).

Viṣṇu (8.(?)1-37). — ‘If there are four sons of a Brāhmaṇa from wives of the four castes, they shall divide the entire estate of the father into ten parts; of these the son of the Brāhmaṇa wife shall take four parts; the son of the Kṣatriya wife, three parts; the son of the Vaiśya wife, two parts; the son of the Śūdra wife, a single part. Again, if there are three sons of a Brāhmaṇa by wives of the first three castes only, they shall divide the estate into nine parts; of these each shall take, in the order of his caste, shares amounting to four, three and two parts respectively. If there are three sons from the Brāhmaṇa, Kṣatriya and Śūdra wives, they shall divide the estate into equal parts; and take four, three and one parts respectively. If there are three sons of the Brāhmaṇa, Vaiśya and Śūdra wives, they shall divide the estate into seven parts and take four, two, and one parts respctively. If there are three sons of the Kṣatriya, Vaiśya and Shudra wives, they shall divide the estate into six parts and take three, two and one parts respectively. If a Kṣatriya has sons by a Kṣatriya, a Vaiśya and a Śūdra wife, the mode of division shall be the same (i.e., the estate being divided into six parts etc.). If the Brahmaṇa has two sons, one belonging to the Brāhmaṇa and another belonging to the Kṣatriya caste, they shall divide the estate into seven parts; and the Brāhmaṇa shall take four parts, and the Kṣatriya, three. If there are two sons to a Brāhmaṇa, one belonging to the Brāhmaṇa and another to the Vaiśya caste, the estate shall be divided into six parts, the Brāhmaṇa shall take four, and the Vaiśya, two parts. If there are two sons to a Brāhmaṇa, one belonging to the Brāhmaṇa and another to the Śūdra caste, the estate shall be divided into live parts; and the Brahmaṇa shall take four parts and the Śūdra a single part. If there are two sons to a Brāhmaṇa, or to a Kṣatriya, — one belonging to the Kṣatriya and another to the Vaiśya caste, — they shall divide the estate into five parts; the Kṣatriya shall take three parts and the Vaiśya two parts. If there are two sons to a Brāhmaṇa, or to a Kṣaṭtriya, one belonging to the Kṣatriya and the other to the Śūdra caste, they shall divide the estate into four parts; and the Kṣatriya shall take three parts and the Śūdra, a single part. If there are two sons to a Brāhmaṇa, or to a Vaiśya or to a Śūdra, — and the one belongs to the Vaiśya and the other to the Śūdra caste, they shall divide the estate into three parts, — the Vaiśya taking two parts, and the Śūdra, one. If a Brāhmaṇa has an only son, he shall take the whole estate, provided he be a Brāhmaṇa, Kṣatriya or Vaiśya. If the Kṣatriya has an only son, who is either a Kṣatriya or a Vaiśya, the rule shall be the same. If the Vaiśya has an only son who is a Vaiśya, the rule shall be the same. The only son of a Śūdra shall be the sole heir to his Śūdra father. A Śūdra who is the only son of a father of one of the twice-born castes, shall inherit one half of his property; — the other shall devolve in the same way as the property of one who dies without issue. Mothers shall receive shares proportionate to their son’s shares; — and so shall unmarried daughters. Sons of the same caste as their father shall receive equal shares; — a best part shall be given to the eldest son as bis additional share.’

Gautama (28.35-40). — ‘The son of a Brāhmaṇa by a Kṣatriya wife, being the eldest and endowed with good qualities, shares equally with a younger brother born of a Brāhmaṇa mother; — but he shall not receive the additional share due to the eldest son. If there are sons begotten by a Brāhmaṇa on wives-of the Kṣatriya and Vaiśya castes, the division between them shall he in the same way as between the son of a Brāhmaṇa wife and that of a Kṣatriya wife. Similarly the two sons of a Kṣatriya born, one from the Kṣatriya and the other from the Vaiśya wife. The son of even a Śūdra wife, — if he is obedient like a pupil, — receives a provision for maintenance out of the estate of a Brāhmaṇa deceased without other male issue. According to some, the son of a woman of even equal caste does not inherit if he behaves unrighteously.’

Yājñavalkya (2.125) — ‘The sons of the Brāhmaṇa, belonging to the four castes, shall receive, respectively, four, three, two and one parts of his estate; the three sons of the Kṣatriya, belonging to the Kṣatriya, Vaiśya and Śūdra castes, shall receive three, two and one parts; — the two sons of the Vaiśya, belonging to the Vaiśya and Śūdra castes, shall receive two and one parts.’

Bṛhaspati (Vivādaratnākara, p. 536). — ‘If a Brāhmaṇa has no child except a son born from a Śūdra wife, this son, if obedient, shall receive a maintenance and the rest of his property shall go to his Sapiṇḍas.’

Bṛhaspati (Aparārka, p. 732). — That property of the Brāhmaṇa which has been derived from gifts shall not be inherited by his sons by the Kṣatriya and other wives; even though the father may have given this to these latter, the son of the Brāhmaṇa wife shall take it away on his death.’

Do. (Vivādaratnākara, p. 533). — ‘The son of a Brāhmaṇa born from a Kṣatriya wife, — if he happen to be the eldest and possessed of good qualities, — may obtain the same share as the Brāhmaṇa sons; similarly with the Vaiśya son of a Brāhmaṇa.’

Nārada (Vivādaratnākara, p. 528). — ‘Among the sons of the lower castes, horn of married wives, the shares go on decreasing by one.’

Śaṅkha-Likhita (Do., p. 531). — ‘Among sons born from wives of other castes, there is a decrease in the inheritance by one half in each case.’

Do. (p. 536). — ‘The son of the Śūdra wife is entitled to inherit property; whatever his father gives him, that shall be his share.’

Baudhāyana (Do., p. 532). — ‘Between two sons, one born of the wife of the same caste as the father, the other of a wife of the next lower caste, — if the latter happens to be possessed of good qualities, he may obtain the special share of the eldest; or he may even become the master of the entire property.’

 

 

VERSE 9.150

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

कीनाशो गोवृषो यानमलङ्कारश्च वेश्म च ।
विप्रस्यौद्धारिकं देयमेकांशश्च प्रधानतः ॥१५०॥

kīnāśo govṛṣo yānamalaṅkāraśca veśma ca |
viprasyauddhārikaṃ deyamekāṃśaśca pradhānataḥ ||150||

 

The ploughman, the breeding bull, the conveyance, the ornament, and the house shall be given as the ‘preferential share’ to the Brāhmaṇa, as also one principal share. — (150)

 

Medhātithi’s commentary (manubhāṣya):

‘Kīnāśa,’ ‘ploughman’, — the slave who tills the soil. Says the mantra text — ‘Indra āsīt surapatiḥ, kīnāśā āsan-marutaḥ, yathāsutam kīnāśā abhiyantu vāhaiḥ’

‘Conveyance’ — cart and the rest.

‘Ornament’ — the ring or some such ornament worn by the father.

‘House’ — the principal apartment.

‘One principal share’; — among the several shares into which the property may be divided, the most important of these shall go to the Brāhmaṇa son.

All this should be set aside as the ‘preferential share’ for the ‘eldest’ son, and the rest of the property should be divided according to the rule going to be laid down. — (150)

 

Explanatory notes by Ganganath Jha:

‘Ekāṃśaśca pradhānataḥ’, ‘one most excellent share’ (Medhātithi and Kullūka); — ‘one share consisting of the best part of the- property’ (Nārāyaṇa and Nandana); — ‘one share, because of his being the chief person’ (Rāghavananda).

This verse is quoted in Vivādaratnākara (p. 527), which adds the following notes: — ‘Kīnāśa’ is the ploughman — ‘yānam’, the horse and the rest; — thus the meaning is that the son of the Brāhmaṇa mother should, receive the plough man the cow, the bull, the conveyance, the ornament and the house; and among the ‘three shares’ of the inheritance to which he is entitled, one should be made specially important by containing the most important and the most valuable things; — the cow and bull etc. are to be given only if it be possible to do so.

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.151

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

त्र्यंशं दायाद् हरेद् विप्रो द्वावंशौ क्षत्रियासुतः ।
वैश्याजः सार्धमेवांशमंशं शूद्रासुतो हरेत् ॥१५१॥

tryaṃśaṃ dāyād hared vipro dvāvaṃśau kṣatriyāsutaḥ |
vaiśyājaḥ sārdhamevāṃśamaṃśaṃ śūdrāsuto haret ||151||

 

Out of the estate the Brāhmaṇa shall take three shares; the son of the Kṣatriya mother two shares; the son of the Vaiśya mother a share and a half; and the son of the Śūdra mother one share. — (151)

 

Medhātithi’s commentary (manubhāṣya):

Though the text has used the singular number throughout, yet the rule here laid down applies also to the ease where there are two or more sons of each caste, who are entitled to equal shares. In a ease however where the number of sons of the different castes is not the same, the rule is as set forth in the next verse. — (151)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 528); — and by Jīmūtavāhana (Dāyabhāga, p. 212).

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.152

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

सर्वं वा रिक्थजातं तद् दशधा परिकल्प्य च ।
धर्म्यं विभागं कुर्वीत विधिनाऽनेन धर्मवित् ॥१५२॥

sarvaṃ vā rikthajātaṃ tad daśadhā parikalpya ca |
dharmyaṃ vibhāgaṃ kurvīta vidhinā'nena dharmavit ||152||

 

The man knowing the law shall divide the entire estate into ten parts, and then make an equitable division according to the following rule. — (152)

 

Medhātithi’s commentary (manubhāṣya):

‘Estate’ — property.

‘Equitable’ — in accordance with law.

On the strength of the declaration contained in the forthcoming verse some people do not accept the division mentioned above. — (152)

 

Explanatory notes by Ganganath Jha:

“According to Nārāyaṇa this rule refers to the case where each of the wives has several sons, while the preceding one is applicable where each wife has one son only. — Rāghavānanda thinks that the first rule shall be followed when the son of the Brāhmaṇa possesses good qualities, the second when he is destitute of them”. — Buhler.

This verse is quoted in Vivādaratnākara (p. 528), as containing the sanction for partition with ‘special shares’ in Parāśaramādhava (Vyavahāra, p. 353); — and by Jīmūtavāhana (Dāyabhāga, p. 212).

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.153

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

चतुरानंशान् हरेद् विप्रस्त्रीनंशान् क्षत्रियासुतः ।
वैश्यापुत्रो हरेद् द्व्यंशमंशं शूद्रासुतो हरेत् ॥१५३॥

caturānaṃśān hared viprastrīnaṃśān kṣatriyāsutaḥ |
vaiśyāputro hared dvyaṃśamaṃśaṃ śūdrāsuto haret ||153||

 

The Brāhmaṇa shall take four shares, and the son of the Kṣatriya mother three shares; the son of the Vaiśya mother shall take two shares, and the son of the Śūdra mother shall take one share. — (153)

 

Medhātithi’s commentary (manubhāṣya):

Though the shares of the Kṣatriya and other sons have been set forth here in an unqualified form, yet in another Smṛti, in connection with certain particular kinds of property, we find a totally different form of division: — (1) ‘The land acquired from gifts shall not be given to the son of the Kṣatriya mother, and (2) if any such land happen to have been given by the father to these, it shall be taken by the Brāhmaṇa son on the father’s death.’

Since this specifies the land ‘acquired from gifts,’ that acquired by purchase and other means do not become similarly excluded. Elsewhere again we read — ‘The son horn to a Brāhmaṇa from his Śūdra wife is not entitled to a share in landed property,’ which precludes the Śūdra son from all kinds of lands.

All this restriction should be understood to apply to those cases where there are other forms of property also; otherwise, we would be faced by the law relating to ‘the tenth part of a share.’ If there were no other property, the sons in question would be left without any subsistence.

What I hold however is that though the allotment of shares (under the circumstances mentioned in the Smṛti texts quoted) is negatived, provision for subsistence does not thereby become precluded

If it be asked ‘What is the difference between these two?’ — our answer is that if the said sons were entitled to regular ‘shares,’ they would be entitled to make gifts of, or sell, the property inherited, while what they get for subsistence, of that they can only take the usufruct.

“As for the grains necessary for his subsistence, these the Śūdra son shall receive from the Brāhmaṇa son; so that there would be no point in alloting any land to him for that purpose. Says Gautama (28-39) — ‘Ho obtains his subsistence, in the manner of a pupil.”

True; but provision for his subsistence has got to be made, in consideration of the fact that the property under division is his father’s; and if such provision were not definitely made at the time of division, it is just possible that the twice-born brothers might lose the property, either by misconduct or by some such act as selling and the like; and in that wise he would be left without subsistence. If, on the other hand, some land has been definitely allotted for his subsistence, the other brothers could not appropriate it to other uses, without his consent. — (153)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 528), which adds that no significance attaching to the singular number in ‘vipraḥ’ this same rule applies to cases where there are several sons from the Brāhmaṇī wife.

It is quoted in Parāśaramādhava (Vyavahāra, p. 343), which adds that this pertains to lands other than that which may have been received by the father as a religious gift, to which latter, the non-Brahmaṇa sons are not entitled; — in Vivādacintāmaṇi (Calcutta, p. 144); — in Dāyakramasaṅgraha (p. 51); — and by Jīmūtavāhana (Dāyabhāga, p. 212).

On the failure of other sons, the rest of the property goes to the Sapiṇḍas (according to Medhātithi), — to the widow and the rest (according to Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 535), which adds the following notes: — ‘Saputraḥ’, one having sons of the twice-born castes, — ‘aputraḥ’, one having no sons of the twice-born castes; — Halāyudha and Pārijāta have taken this verse to men that no part of the property goes to such son of the married Śūdra wife as is entirely devoid of good qualities.

It is quoted in Parāśaramādhava (Vyavahāra, p. 344), which adds that this refers to such Śūdra-born sons as are not obedient to the father.

It is quoted in Aparārka (p. 735), which adds the ‘adhikam’ means ‘more than the tenth share;’ — also on p. 740 where it is added that the implication o'f this rule is that in the case of the man ‘without sons,’ the property besides the ‘tenth share,’ which goes to the Śūdra-born son, goes to the ‘widow and the rest’

It is quoted in Mitākṣara (2.132-133), which explains the meaning to be that even though the son of the Śūdra wife is a ‘body-born’ son, yet he cannot inherit anything more than the tenth share, even when there are no other sons. It adds the following explanation: — ‘Satputraḥ’ means ‘one having sons of wives of the twice-born castes,’ — ‘aputraḥ,’ ‘one who has no sons from the twice-born wives,’ — when such a person dies, then his sons — Kṣetraja and the rest — or sapiṇḍas, shall not give to his son from the Śūdra wife, any more than the tenth share. — This implies that the sons of Kṣatriya and Vaiśya wives inherit the entire property, if there is no son from the Brāhmaṇa wife.

It is quoted in Nṛsiṃhaprasāda (Vyavahāra 35b); — in Vyavahāra-Bālambhaṭṭī (p. 688); — in Vīramitrodaya

(Vyavahāra 192b) which explains ‘satputra’ as having ‘son born of the wife of one’s own caste;’ and ‘aputra’ as ‘having no son born of the wife of one’s own caste, and adds that on the death of such a person, the Kṣetraja and other sons will inherit his property, but the son born of Śūdra mother will not get more than the tenth part of the estate: — and by Jīmūtavāhara (Dāyabhāga, p. 219), which says that even in the absence of a son of a twice-born caste, the Śūdra son shall not get more than the tenth part.

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.154

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

यद्यपि स्यात् तु सत्पुत्रोऽप्यसत्पुत्रोऽपि वा भवेत् ।
नाधिकं दशमाद् दद्यात्शूद्रापुत्राय धर्मतः ॥१५४॥

yadyapi syāt tu satputro'pyasatputro'pi vā bhavet |
nādhikaṃ daśamād dadyātśūdrāputrāya dharmataḥ ||154||

 

Whether a Brāhmaṇa has a son or no son, he shall not, according to law, allot more than the tenth part to the son of the Śūdra wife. — (154)

 

Medhātithi’s commentary (manubhāṣya):

‘Has a son’ — has any son; or the son meant may be that born of the Brāhmaṇa wife, and not that of any of the‘twice-born’ wives. So that if there is no son born of the Brāhmaṇa wife, even if there art-sons of Kṣatriya and Vaiśya wives, the son of the Śūdra wife shall receive the eighth part; while if there is only a son of the Vaiśya wife, he shall get the third part.

Others, however, explain the phrase ‘no son’ to mean the absence of a son of any twice-born wife. And according to this view, the residue of the property left after the tenth part has been marie over to the Śūdra son shall go to the Sapiṇḍas (Collaterals).

The most unobjectionable principle of division, however, would be as follows: — If the property is a large one, and there is no son of any higher caste, the Śūdra son shall receive only the tenth part; if, however, the property is just enough for the maintenance of a few men only, then, the whole shall go to the Śūdra son.

In the case of Kṣatriyas and others, another Smṛti has laid down the following rule in connection with sons born of the same and different castes: — ‘Sons of a Kṣatriya are entitled to three, two and one shares; those of the Vaiśya to two and one’ (Yājña. 2.125). That is, sons of the Kṣatriya from the Kṣatriya wife shall each receive three parts, those from the Vaiśya wife two parts, and from the Śūdra wife one part; so that Śūdra sons receive the sixth part of the property of the Kṣatriya father and the third part of the Vaiśya father.

Others again explain the sense of the present text as follows: — When he is going to give some property to the Śūdra son at all, the father shall collect the entire property and give to him the tenth part of it, — even, though he be free to do as he likes; as it is going to be declared (in the next verse) that ‘whatever his father shall give to him, that shall be his.’

According to this view, it would be much more reasonable to construe the text as ‘the man having a son shall give, etc. etc.,’ — ‘dadyāt,’ ‘shall give,’ being construed with ‘saputraḥ,’ ‘having a son’; otherwise, the construction would be — ‘the person, whose father has a son or no son, shall give, etc.,’ — which shall be a most difficult one. As in this case, the term ‘having a son’ shall stand for the dead father, while the nominative of the verb ‘shall give’ shall be the living son or other Sapiṇḍa relations.

Thus, then, in a case where there are only Brāhmaṇa and Śūdra sons, and no Kṣatriya or Vaiśya ones, the Śūdra one is entitled, not to the tenth part, but to something less, never more.

If there are ten cows, the Brāhmaṇa son shall receive four cows the Śūdra one cow, — the remaining ones being divided between the Kṣatriya and Vaiśya sons. When, however, these latter too do not exist, then, these five cows also shall he divided, on the aforesaid principle, between the Brāhmaṇa and Śūdra sons. When, however, the Brāhmaṇa son takes the entire property, he cannot be called either a ‘share-holder’ or ‘a receiver of four shares.’ Hence, in this ease what has been said (in 153) regarding the Brāhmaṇa taking ‘four shares’ would apply to a case where there are four brothers. The Śūdra also receives the ‘tenth share’ only when there are four brothers; — this share to be correspondingly increased if there are two or three brothers only. — (154)

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.155

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

ब्राह्मणक्षत्रियविशां शूद्रापुत्रो न रिक्थभाक् ।
यदेवास्य पिता दद्यात् तदेवास्य धनं भवेत् ॥१५५॥

brāhmaṇakṣatriyaviśāṃ śūdrāputro na rikthabhāk |
yadevāsya pitā dadyāt tadevāsya dhanaṃ bhavet ||155||

 

Of the Brāhmaṇa, the Kṣatriya and the Vaiśya, the son born of a Śūdra wife is not an inheritor of property; his property shall consist of whatever his father may give to him. — (155)

 

Medhātithi’s commentary (manubhāṣya):

The son born of the Śūdra wife of the twice-born persons is not an‘inheritor of property.’ — Is that so always? — No; ‘whatever his father may give to him’ — i.e., the ‘tenth part’ which the father may have allotted to him — that shall be his property; and he obtains nothing more out of his paternal property.

In this connection, it has been declared by Śaṅkha — ‘The son of the Śūdra wife is not entitled to inheritance; — his share consists of whatever his father gives him; at the time of partition, however, his brothers may give him a pair of bullocks in addition’; — this latter sentence forming a subsequent addition.

Others hold that what is said in the present text refers to the son of the unmarried Śūdra woman; — their argument being that there is nothing in the text indicative of the woman being one that has been duly married, — all that the term ‘Śūdra’ denotes is the particular caste. Hence, the meaning is that for the son of such a woman, ‘whatever the father gives him,’ — that is, the provision that his father makes for his maintenance, or any share that he may have allotted to him for his maintenance during his life-time, — that shall be his property, — and his brothers need not give him anything. Says Gautama in the section dealing with the son of a Śūdra wife — ‘As regards the sons of unmarried wives, they shall, if they are obedient, receive enough for subsistence, in the manner of pupils.’ (28 — 39)

According to the view of these men, however, the sons born of unmarried Kṣatriya and Vaiśya wives would be entitled to inheritance; and it is not known to what share these would be entitled.

It might be asserted that — “Their share shall be the same as that of the sons of married wives; since there is no word, either directly or indirectly indicative of the fact that the mothers shall be married wives. For all that is said is that — ‘the legitimate son alone shall inherit the property’ (163); which distinctly mentions the ‘legitimate’ son, born of the legally married wife ↓ and the qualities of the ‘legitimate’ son can never be present in those born of unmarried wives, and further, it has been declared that ‘the son of the unauthorised woman...... is not entitled to any share’ (143). It might be urged that this last passage refers to the brothers wife; as it is only in connection with her that ‘authorisation’ has been sanctioned; so that when the text used the term ‘unauthorised’ it must be taken as referring to her alone.”

But in the present case also, there is dear indication of the fact that sons become entitled to ‘subsistence’ as soon as they are born (irrespectively of all other conditions). Hence, the term ‘unauthorised’ also refers in general to the wives of other persons. And all these sons (of married or unmarried wives) are entitled to subsistence. — (155)

 

Explanatory notes by Ganganath Jha:

“The son of a Śūdra wife receives no share of his father’s estate in case the mother was not legally married’ (Medhātithi; ‘others,’ in Kullūka), — or in case he is destitute of good qualities (Kullūka and Rāghavānanda). According to Medhātithi and Nārāyaṇa ‘na rikthabhāk’ means ‘receives no larger share than one-tenth, except if the father has given more to him.” — Buhler.

This verse is quoted in Vivādaratnākara (p. 535), which adds the following notes: — ‘According to Lakṣmīdhara the meaning is that ‘if the father gives anything to the son of his Śūdra wife, he should give only the tenth part of his property’; — Halāyudha and Pārijāta hold that the verse denies all share to the son of the Śūdra mother who is not a married wife.

It is quoted in Parāśaramādhava (Vyavahāra, p. 343); which adds that this refers only to such property as may be given by way of an affectionate present; and hence there is no incompatibility with those texts that deny to the said son any part of the landed property.

It is quoted in Aparārka (p. 735), which notes that this debarring from inheritance is meant for those cases where the son in question has already received some affectionate presents from the father; — or that the verse may be taken to mean that the son is not entitled to anything more than the tenth share of the property.

It is quoted in Vyavahāramayūkha (p. 45) as debarring from all inheritance the son of a śūdra mother, who is not a legally married wife; — and by Jīmūtavāhana (Dāyabhāga, p. 219), which says that this denial of heritance refers only to those cases where the śūdra son has already got the tenth part of the father’s property, during the latter’s life-time, through his favour.

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.156

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

समवर्णासु वा जाताः सर्वे पुत्रा द्विजन्मनाम् ।
उद्धारं ज्यायसे दत्त्वा भजेरन्नितरे समम् ॥१५६॥

samavarṇāsu vā jātāḥ sarve putrā dvijanmanām |
uddhāraṃ jyāyase dattvā bhajerannitare samam ||156||

 

Or, all the sons of twice-born men, born of wives of the same caste, shall divide the property equally, after the others have given to the eldest his ‘preferential share.’ — (156)

 

Medhātithi’s commentary (manubhāṣya):

In the absence of any other alternative, (he term ‘or’ can be explained only as referring to what is here stated.

Whether the wives belong to the same caste or to different castes, it is only the Śūdra son that has been precluded from inheriting the entire property; hence, what is asserted here must be understood to apply to twice-born sons only. Consequently, the sense is that if a Brāhmaṇa has no son born of his Brāhmaṇa wife, his sons horn of the other wives, inherit his entire property. Similarly, the son of the Vaiśya wife of the Kṣatriya father.

The text cannot mean that ‘after the preferential share has been given to the eldest brother, all the sons born of wives of different castes shall divide equally, — with those born of the wives of the same caste.’ As this would he contrary to what has been said before (in 153) regarding each son of the lower caste receiving one share less than that of the higher caste.

It has been argued that — “This equality would be right in a case where the sons of the wife of the same caste are devoid of qualities, while those of the lower castes are duly qualified; specially in view of what has been declared by Gautama (28.40) — according to same people, a son of the wife of the same caste does not inherit, if he is misbehaved.”

This, however, is not right. Because, the caste of the son is the most important consideration. In fact, the revered teachers have declared that as soon as the son (of the wife of the same caste) has been born, he becomes the owner of the entire property.

Thus, the rule on this subject should be as that when there are no sons of the wife of the same caste, oven those sons that are born of wives of different, castes should give to the eldest brother of the same caste as themselves, his preferential share and divide the rest equally. — (156)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 532), which adds the following explanation: — In cases where twice-born men have many sons from several wives of the same caste as themselves , — or (as indicated by the term ‘vā’) many sons from several wives of diverse castes, — the sons shall divide the property equally after having given something to the eldest brother as his ‘additional share.’

It is quoted in Smṛtitattva II (p. 193).

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.157

Section XXI - Shares of Sons born of Mothers of diverse Castes

 

शूद्रस्य तु सवर्णैव नान्या भार्या विधीयते ।
तस्यां जाताः समांशाः स्युर्यदि पुत्रशतं भवेत् ॥१५७॥

śūdrasya tu savarṇaiva nānyā bhāryā vidhīyate |
tasyāṃ jātāḥ samāṃśāḥ syuryadi putraśataṃ bhavet ||157||

 

For the Śūdra is ordained a wife of his own caste only, and no other; and all the sons born of her shall be entitled to equal shares, even if there be a hundred sons. — (157)

 

Medhātithi’s commentary (manubhāṣya):

For the Śūdra there is no irregular wife of the ‘ascending’ degree.

This is only a reiteration of what has been said before.

‘Other sons born of her shall be entitled to equal shares.’

It is in view of there being no fifth caste that, the text has said that ‘for the Śūdra there is a wife of the same caste, and no other.’ — (157)

 

Explanatory notes by Ganganath Jha:

This Verse is quoted in Vivādaratnākara (p. 532); — and in Smṛtitattva II (p. 193), which quotes and accepts the explanation given by Kullūka that this is meant to preclude the ‘additional share’ prescribed in the preceding verse.

 

Comparative notes by various authors:

(verses 9.149-157)

See Comparative notes for Verse 9.149.

 

 

VERSE 9.158 [The Relative Status of the Twelve Kinds of Sons]

Section XXII - The Relative Status of the Twelve Kinds of Sons

 

पुत्रान् द्वादश यानाह नॄणां स्वायम्भुवो मनुः ।
तेषां षड् बन्धुदायादाः षडदायादबान्धवाः ॥१५८॥

putrān dvādaśa yānāha nṝṇāṃ svāyambhuvo manuḥ |
teṣāṃ ṣaḍ bandhudāyādāḥ ṣaḍadāyādabāndhavāḥ ||158||

 

Among the twelve kinds of sons that Manu sprung from the Self-existent one has mentioned, — six are kinsmen as well as heirs, and six are kinsmen, not heirs. — (158)

 

Medhātithi’s commentary (manubhāṣya):

This is a brief indication of what follows.

The term ‘bandhu’ stands for ‘bāndhava,’ ‘kinsman.’ Six inherit the man’s ‘family-name’ as well as ‘property’; while with the remaining six, the ease is the reverse of this.

What the true view is regarding this point, we shall explain later on. — (158)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 549), which adds that the diversity of opinion on this question among the various Smṛtis — as regards the exclusion or inclusion of certain kinds of sons — is to be explained as based upon consideration of the qualifications of the sons; — in Vyavahāra-Bālambhaṭṭī (p. 552, 666 and 687); — in Dattakacandrikā (p. 61); — and in Vīvādacintāmaṇi (Calcutta, p. 147).

Medhātithi, Nārāyaṇa and Nandana take the latter half to mean that the six sons are neither bandhu (kinsmen) nor dāyāda (heir); Kullūka says that this explanation would be against the declaration of Baudhāyana; — Nārāyaṇa goes on to explain ‘bandhudāyāda’ as ‘heir to the kinsmen, i.e., inheritors of the estates of kinsmen, such as paternal uncles, on failure of sons and wives of these latter.’

 

Comparative notes by various authors:

(verses 9.158-160)

Baudhāyana (2.3.31-32). — ‘They quote the following verses: “The Body-born son, the son of an Appointed Daughter, the son begotten on a wife through another man, the adopted son and the appointed son, the son horn secretly,

and the son cast off are entitled to share the inheritance. The son of an unmarried damsel, the son of a pregnant bride, the son bought, the son of a re-married woman, the son self-given and the Niṣāda are only members of the family.’

Gautama (28.32-33). — ‘The Body-born son, the son begotten on a wife through another man, the adopted son, the appointed son, the son born secretly, and the son cast off are inheritors of property. The son of an unmarried damsel, the son of a pregnant bride, the son of a re-married womans the son of an Appointed Daughter, the son self-given, and the son bought belong to the family; — these latter are entitled to one-fourth of a share, in the absence of the former six sons.’

Vaśiṣṭha (17.25-39). — ‘They declare that, these six sons (Body-born, begotten on the wife through another man. the Appointed Daughter, son of a re-married woman, the son of an unmarried damsel, and the son secretly born) are heirs as well as kinsmen, preservers from great danger. Among those who are only kinsmen, not heirs are — one received with the pregnant bride, the adopted son, the son bought, the son sell-given, the son cast off, and the son of a Śūdra woman. They declare that the last-mentioned six sons shall take the heritage of him who has no heir belonging to the first six classes.’

Yājñavalkya (2.132). — ‘Among the twelve kinds of sons, the one succeeding inherits the property and offers the B?? only in the absence of the preceeding.’

Śaṅkha-Likhita (Vivādaratnākara, p.??4). — ‘The son cast off, the son born of the pregnant bride, the son adopted, the son bought, the son of the Śūdra wife, the son s??? given, — those six are non-inheritors; — among the six sons that are inheritors — viz., the Body-born son, the son begotten on the wife by another man, the son of the Appointed Daughter, the son of the remarried woman, the son born of an unmarried damsel, the son born secretly, there is an apportionment of shares; — two parts going to the father, two to the Body-horn son, and one each to the rest.’

Hārīta (Do.). — ‘Six of the sons are both kinsmen and inheritors — viz., one begotten by oneself on a righteous wife, one begotten by one’s wife through another man, the son of a remarried woman, the son of an unmarried damsel, the son of an Appointed Daughter, and the son secretly born. The son adopted, the son bought, the son cast off, the son horn of a pregnant bride, the son self-given and the son found by chance are inheritors, not kinsmen.’

Devala (Do., p. 550). — ‘These twelve sons have been declared to serve the purpose of perpetuating one’s line, — they being born of one’s own body, or of others, or found by chance; — of these, the first six are kinsmen as well as inheritors of the father. All these inherit the father’s property, in the absence of a Body-born son.’

Nārada (Do., p. 551). — ‘The Body-born son, the son begotten on one’s wife through another man, the son of an Appointed Daughter, the son of the unmarried damsel, the son born of a pregnant bride, the son secretly born, the son of the remarried woman, the son east off, the son adopted, the son bought, the son appointed, the son self-given, — these are the twelve sons. Of these six are kinsmen as well as inheritors, and six are only kinsmen, not inheritors; — the preceding one being senior to the succeeding one.’

 

 

VERSE 9.159-160

Section XXII - The Relative Status of the Twelve Kinds of Sons

 

अउरसः क्षेत्रजश्चैव दत्तः कृत्रिम एव च ।
गूढोत्पन्नोऽपविद्धश्च दायादा बान्धवाश्च षट् ॥१५९॥

कानीनश्च सहोढश्च क्रीतः पौनर्भवस्तथा ।
स्वयन्दत्तश्च शौद्रश्च षडदायादबान्धवाः ॥१६०॥

aurasaḥ kṣetrajaścaiva dattaḥ kṛtrima eva ca |
gūḍhotpanno'paviddhaśca dāyādā bāndhavāśca ṣaṭ ||159||

kānīnaśca sahoḍhaśca krītaḥ paunarbhavastathā |
svayandattaśca śaudraśca ṣaḍadāyādabāndhavāḥ ||160||

 

(1) The ‘Aurasa,’ ‘Body-born,’ (2) the ‘Kṣetraja,’ ‘Soil-born,’ (3) the ‘Datta,’ ‘given’ (adopted), (4) the ‘Kṛtrima,’ ‘appointed,’ (5) the ‘Gūḍhotpanna,’ ‘Secretly born,’ and (6) the ‘Apaviddha,’ ‘Cast off,’ — these six are both heirs and kinsmen. — (159)

(1) The ‘Kānīna,’ ‘maiden-born,’ (2) the ‘Sahoḍha,’ ‘received along with the wife,’ (3) the ‘Krīta,’ ‘bought,’ (4) the ‘Paunarbhava’ ‘begotten on a remarried woman,’ (5) the ‘Svayandatta,’ ‘self-offered’ and (6) the ‘Śaudra,’ ‘Śūdra-born,’ — these six are only kinsmen, not heirs. — (160)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.159-160)

Those two verses enumerate the twelve kinds of sons, for the purpose of indicating the two classes mentioned above. — (159-160)

 

Explanatory notes by Ganganath Jha:

(verse 9.159)

This verse is quoted in Parāśaramādhava, (Prāyaścitta, p. 37); — in Parāśaramādhava (Vyavahāra, p. 349), where it is added that though the sons have been divided into these two sets, yet the duty that devolves upon them, as ‘sapiṇḍas’ or ‘sagotras,’ devolves equally on all the twelve, — such as the offering of water and so forth; — and as for inheriting the father’s property, the latter set also are entitled to it, in the absence of the former set

It is quoted in Vivādaratnākara, (p. 549); — and in Mitākṣarā, (2.132), which has the following notes: — The implication of this is that, in the case of the death also of the Sapiṇḍa or the Samānadaka of the father, the property goes to the first set of six sons and not to the second; though the duty of offering water and so forth devolves equally upon both sets. The Bālambhaṭṭī adds that from the last remark it follows that the compound ‘adāyādabāndhavāḥ’ is to be expounded as ‘adāyāda’ (non-inheritors) + bāndhava (relations),’ i.e., though they don’t inherit the property, they make the offerings required of the Sapiṇḍa or Sagotra.

This is quoted in Vivādacintāmaṇi, (Calcutta, p. 147); — and in the Dattakacandrikā, (p. 61).

(verse 9.160)

This verse is quoted along with the last, in Parāśaramādhava (Prāyaśacitta, p. 37); — in Parāśaramādhava, (Vyavahāra, p. 349); — in Vivādaratnākara, p. 549); — and in Mitākṣarā, (2.132).

The latter half of this is quoted in Vīramitrodaya, (Saṃskāra, p. 211) which has the following notes: — This justifies the view that the ‘Śaudra’ also is a ‘secondary son’; but it adds that this can be understood only in the sense that the son begotten by a Śūdra on a slave girl (not married) is to be regarded as a ‘secondary son’ only in the absence of a ‘primary son.’

The verse is quoted in Vyavahāra-Bālambhaṭṭī, (p. 666 and 687); — in Vivādacintāmaṇi (Calcutta, p. 147); — and in Dattākacandrikā, (p. 61).

 

Comparative notes by various authors:

(verses 9.158-160)

See Comparative notes for Verse 9.158.

 

 

VERSE 9.161

Section XXII - The Relative Status of the Twelve Kinds of Sons

 

यादृशं फलमाप्नोति कुप्लवैः सन्तरन्जलम् ।
तादृशं फलमाप्नोति कुपुत्रैः सन्तरंस्तमः ॥१६१॥

yādṛśaṃ phalamāpnoti kuplavaiḥ santaranjalam |
tādṛśaṃ phalamāpnoti kuputraiḥ santaraṃstamaḥ ||161||

 

The man who tries to cross the gloom with the help of bad sons obtains results similar to those obtained by one who tries to cross the water with the help of unsound boats. — (161)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Kṣetraja’ and other sons having been mentioned along with the ‘legitimate’ son, people might think that all of them stand on the same footing; it is with a view to set aside this notion that the author adds this verse. The sense is that the ‘Kṣetraja’ and other ‘bad sons’ are not capable of rendering the same assistance that is rendered by the ‘legitimate’ son.

Even though the text does not mention anything definite, yet people have explained it to mean this, on the basis of the context. Others, however, have explained the ‘bad sons’ to mean ‘sons of unauthorised women.’

The sense is that even though people have these ‘had sons,’ they should not regard themselves as having sons, they should still continue to make efforts to obtain a ‘legitimate’ son.

‘Gloom’ — of the other world, due to the man’s past misdeeds, in the shape of not having paid off the debts to his Pitṛs, — which could be cleared off only by moans begetting offspring. — (161)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vyavahāra-Bālambhaṭṭī, (p. 701).

 

 

VERSE 9.162

Section XXII - The Relative Status of the Twelve Kinds of Sons

 

यद्येकरिक्थिनौ स्यातामौरसक्षेत्रजौ सुतौ ।
यस्य यत् पैतृकं रिक्थं स तद् गृह्णीत नैतरः ॥१६२॥

yadyekarikthinau syātāmaurasakṣetrajau sutau |
yasya yat paitṛkaṃ rikthaṃ sa tad gṛhṇīta naitaraḥ ||162||

 

If the ‘Soil-born’ and the ‘body-born’ sons are both entitled to inherit the same property, each shall receive that property which belongs to his own father, and not the other. — (162)

 

Medhātithi’s commentary (manubhāṣya):

An impotent man having obtained a son from his ‘authorised’ wife through another man, according to the method described under 167, may happen to have his impotence cured by medicines and then himself beget his own ‘legitimate,’ ‘body-born’ son; and in this ease, the former son would receive the property of his progenitor, who may be called his ‘father’ on the ground of his being the cause of his birth; and on the same ground the child would be called his ‘son’ only figuratively; since in reality he is the ‘Kṣetraja’ son of the other man, just as he is referred to in this verse.

If, however, the progenitor happens to have a ‘legitimate’ son of his own, — and if the father, moved by his great love, does not happen to have made over all his property to that son, — and further, if there are no other Sapiṇḍa relations — under such circumstances, the ‘Kṣetraja;’ son may inherit the property of that progenitor. The sons of ‘unauthorised’ women also inherit the property of their progenitor, if there are no ‘Sapiṇḍa’ relations.

Others explain the verse to mean as follows: — While the rightful ‘heir’ is already there, if a ‘Kṣetraja’ son happen also to be bora, this latter shall inherit the property of his progenitor, and not that of the ‘owner of the soil’ (his mother’s husband), — if there is a ‘legitimate’ son of the latter. In the presence of the legitimate son, what the share of the ‘Kṣetraja’ son shall be is laid down in verses 165 and 164.

The next two verses show how the two sons become entitled to the same property. — (162)

 

Explanatory notes by Ganganath Jha:

Medhātithi has been mis-represented here by Kullūka and also by Buhler. (See text). Nārāyaṇa and Nandana hold that the rule refers to the case of two undivided brothers, where one having died, the other, who has sons of his own, begets on the other a Kṣetraja son; in which case on the death of the second brother, the Kṣetraja is entitled to receive only the share of his mother’s husband, not any in the estate of his natural father.

This verse is quoted in Vivādaratnākara (p. 543), which has the following notes: — The ‘Kṣetraja’ meant here is one begotten by one not ‘commissioned’ (by the elders); — ‘paitṛkam riktham’ means ‘that property which the father gave to the mother for the purpose of maintaining the son.’ Others however construe the verse as it stands, in the direct, sense — ‘Each takes the property of his own father.’

It is quoted in Aparārka, (p. 739), as laying down that the Dvyāmuṣyāyaṇa-Kṣetraja is entitled to inherit the property of his progenitor-father.

It is quoted in Smṛtitattva, (p. 169), which explains the meaning to be that each is to take the property of the man from whose seed he was born; — and by Jīmūtavāhana (Dāyabhāga, p. 229), which says that the son shall inherit the property of that person from whose ‘seed’ he may he horn.

 

Comparative notes by various authors:

Viṣṇu (17.23). — ‘Co-parceners descended from different fathers must adjust their shares according to their fathers; let each take the wealth due to his father; no other has a right to it.’

 

 

VERSE 9.163

Section XXII - The Relative Status of the Twelve Kinds of Sons

 

एक एवौरसः पुत्रः पित्र्यस्य वसुनः प्रभुः ।
शेषाणामानृशंस्यार्थं प्रदद्यात् तु प्रजीवनम् ॥१६३॥

eka evaurasaḥ putraḥ pitryasya vasunaḥ prabhuḥ |
śeṣāṇāmānṛśaṃsyārthaṃ pradadyāt tu prajīvanam ||163||

 

The ‘legitimate’ (body-born) son is alone the owner of the paternal estate; but in order toavoid unkindness, he shall provide subsistence for the rest. — (163)

 

Medhātithi’s commentary (manubhāṣya):

If the legitimate son is there, all the others ‘Kṣetraja’ a nd the rest — are not ‘heirs;’ and they shall receive a subsistence allowance only from the legitimate son ‘Avoidance of unkindness’ — avoidance of sin. That is the man would incur sin if he did not make the said provision. — (163)

 

Explanatory notes by Ganganath Jha:

‘Pradadyāt jīvanam’. — ‘And if one does not maintain them, he commits sin’ (Medhātithi and Kullūka), — ‘but not, if they have other means of subsistence’ (Nandana).

This verse is quoted in Mitākṣarā (2.132), which notes that this rule is meant for those cases where the ‘adopted’ and other ‘secondary’ sons are either not friendly towards the ‘body-born’ son, or entirely devoid of good qualities. The Bālambhaṭṭī has the following notes: — ‘ānṛśaṃsya’ means ‘avoidance of sin’; so that the meaning is that if maintenance is not provided, sin is incurred.

It is quoted in Vivādaratnākara (p. 542), which has the following notes: — ‘Śeṣāṇām’, those precluded from inheritance; — ‘ānṛśaṃsya’ is pity, — ‘prajīvanam’, maintenance; — in Parāśaramādhava (Vyavahāra, p. 348), which adds that the verse is meant to be a mere eulogium on the ‘body-born’ son, it does not really preclude the fourth share for the other sons; — in Nṛsiṃhaprasāda (Vyavahāra, 40a); —

in Vivādacintāmaṇi (Calcutta, p. 149), which explains ‘ānṛśaṃśyam’ as ‘pity’, and ‘prajīvanam’ as ‘maintenance’; — and by Jīmūtavāhana, (Dāyabhāga, p. 229).

 

Comparative notes by various authors:

Viṣṇu (15.28-30). — ‘A mongst these sons, each preceding one is preferable to the one next in order; — he takes the inheritance before the next in order; — and he shall maintain the others.’

Yājñavalkya (2.132). — ‘Among them, the succeeding one is entitled to offer the Ball and inherit the property only in the absence of the preceding one.’

Bṛhaspati (Vivādaratnākara, p. 541). — ‘The Body-horn son alone has been declared to be the owner of the father’s property; equal to him is the Appointed Daughter; the other sons should be supported.’

Brahmapurāṇa (Do., p. 545). — ‘The Body-born son, even though low-born, is the owner of the entire property.’

 

 

VERSE 9.164

Section XXII - The Relative Status of the Twelve Kinds of Sons

 

षष्ठं तु क्षेत्रजस्यांशं प्रदद्यात् पैतृकाद् धनात् ।
अउरसो विभजन् दायं पित्र्यं पञ्चममेव वा ॥१६४॥

ṣaṣṭhaṃ tu kṣetrajasyāṃśaṃ pradadyāt paitṛkād dhanāt |
auraso vibhajan dāyaṃ pitryaṃ pañcamameva vā ||164||

 

When the legitimate son is dividing the paternal estate, he shall give to the ‘Kṣetraja’ son one-sixth or one-fifth part of the father’s property. — (164)

 

Medhātithi’s commentary (manubhāṣya):

It being possible for men to entertain the notion that, like the ‘bought’ son, the ‘Kṣetraja’ (‘soil-born’) son also is entitled to subsistence only, — the text lays down the optional alternative that he may receive a share out of the property. What the exact share shall be shall depend upon the man’s qualifications. — (164)

 

Explanatory notes by Ganganath Jha:

This rule refers to the case where the Kṣetraja was born before the ‘body-bom’ son, and received no property from his progenitor-father (Rāghavānanda); — It refers to the case where a man dying leaving several widows, one of those is ‘commissioned’ to bear a son, while another gives birth to a ‘body-born’ son (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 543), which adds that the option of ‘fifth’ and ‘sixth’ share is meant to be determined by the presence or absence of good qualifications in the Kṣetraja son concerned; — in Parāśaramādhava (Vyavahāra, p. 348), which deduces the following conclusion: — If the Kṣetraja son is endowed with exceptionally good qualifications, he receives a fourth share; if he is devoid of good qualities and also unfriendly to the ‘body-born’ son, then only a sixth share; if he is only devoid of qualities, but not unfriendly, — or if is he unfriendly but not devoid of qualities, — then a fifth share, — and by Jīmūtavāhana (Dāyahhāga, p. 229).

 

Comparative notes by various authors:

Baudhāyana (2.3.11). — ‘If a body-born son is born, the other sons who belong to the same caste shall obtain a one-third share of the estate.’

Bṛhaspati (see above under 163).

Do. (Vivādaratnākara, p. 545). — ‘The son begotten on one’s wife through other men, and the other sons are entitled to five, six and seven parts.’

Kātyāyana (Vivādaratnākara, p. 544). — ‘When the body-born son is born, the other sons belonging to the same caste as the father obtain a third part of the estate; those belonging to other castes are entitled only to food and clothing.’

Hārīta (Do., p. 545). — ‘When dividing the property, one should give to the son born of the unmarried damsel, the twenty-first part, the twentieth part to the son of the remarried woman, the nineteenth to the son of two fathers (i.e., the secretly born son), the eighteenth to the son begotten on one’s wife through another man, the seventeenth to the son of the apppointed daughter, and the other sixteen parts to the body-born son.’

Brahmapurāṇa (Do.). — ‘The body-born son even when low-born is entitled to the entire property; the son begotten on one’s wife by another man takes the third part, the son of the appointed daughter takes the fourth, the appointed son takes the fifth, the secretly-born son takes the sixth, the son cast off takes the seventh part, the son born of the unmarried damsel takes the eighth, the son horn of the pregnant bride takes the ninth, the bought sou takes the tenth, the son horn of the remarried woman takes the eleventh, the self-given son takes the twelfth, and the Śūdra son takes the thirteenth part of the father’s estate.’

Śaṅkha-Likhīta (Do., p. 547). — ‘The estate shall be divided into ten parts, of which two shall go to the father, two to the body-born son, three between the sons begotten on one’s wife by another man and the son of the appointed daughter; and one each to the rest.’

 

 

VERSE 9.165

Section XXII - The Relative Status of the Twelve Kinds of Sons

 

अउरसक्षेत्रजौ पुत्रौ पितृरिक्थस्य भागिनौ ।
दशापरे तु क्रमशो गोत्ररिक्थांशभागिनः ॥१६५॥

aurasakṣetrajau putrau pitṛrikthasya bhāginau |
daśāpare tu kramaśo gotrarikthāṃśabhāginaḥ ||165||

 

The ‘body-born’ and the ‘soil-born’ are entitled to inherit the father’s property; while the other ten inherit the ‘family-title’ and a share in the property, according to their order — (165)

 

Medhātithi’s commentary (manubhāṣya):

The first half of this verse is only a reiteration of what has been enjoined before, and not a distinct injunction; specially because the ‘soil-born’ son does not stand on an equal footing with the ‘body-born’ son.

The other sons inherit the ‘family name,’ and they inherit also ‘a share in the property;’ and it has been already explained that this ‘share’ consists of mere subsistence. But the case of the ‘adopted’ son stands on the same footing as that of the ‘soil-born’ one. In support of this view people quote other Smṛti-texts.

‘According to their order.’ — The ‘body-born’ and the ‘soil-born’ sons are entitled to inherit simultaneously; but among the rest, the succeeding one inherits only in the absence of the preceding one.

“If only six of the sons are ‘heirs,’ and the other six are not heirs, — according to the distinction into ‘heirs’ and ‘non-heirs’ made (in 158), it cannot be right to declare all these to be inheritors of property.”

As a matter of fact, those that have been described as ‘non-heirs’ are so only in the presence of the ‘body-born’ son; all that is meant by the distinction is that the first six are larger beneficiaries than the second six.

Among the first group, all except the ‘body-born’ are equal beneficiaries, and less than these latter are the six in the second group; these latter are all equal, and there is no difference among themselves, due to these being mentioned earlier or latter. — (165)

 

Explanatory notes by Ganganath Jha:

‘Gotrarikthāṃśabhāginaḥ.’ — ‘Become members of the gotra and also inherit’ (Medhātithi, Kullūka and Nandana); — ‘share the family estate’ (Nārāyaṇa); — ‘they receive such share in the estate as will suffice for their maintenance’ (suggested by Nārāyaṇa and Nandana).

This verse is quoted in Vivādaratnākara (p. 544), which adds the following notes: — The first half of the verse is merely a reiteration of what has been prescribed before; the ‘ten’, beginning with the ‘adopted’ son, in due order, i.e., each in the absence of the one preceding, — become ‘gotrabhāginaḥ,’ — i.e., ‘entitled to do all that behoves a blood-relation’, as explained by Asahāyācārya, — and ‘rikthāṃśabhāginaḥ’, i.e., ‘entitled to inherit the father’s property This rule refers to cases where there is no ‘body-born’ son, nor ‘the appointed daughter’, nor the ‘Kṣetraja’ son; — in Dāyatattva (p. 14); — and in Vyavahāra-Bālambhaṭṭī (pp. 55 and 652).

 

Comparative notes by various authors:

Gautama (28.34) — ‘The son of an unmarried damsel, the son of the pregnant bride, the son of the remarried woman, the son of the appointed daughter, the self-given son, and the bought son receive a fourth of the estate, if there is no body-born son, or no one of the first six kinds of son.’

Yājñavalkya (2.132). — ‘Among the twelve kinds of sons, the succeeding one is entitled to offer the Ball and to inherit property only in the absence of the preceding one.’

Baudhāyana (Vivādaratnākara, p. 550). — ‘The following sons are said to he partakers of inheritance; the body-born son, the son of the appointed daughter, the son begotten on one’s wife by another man, the adopted son, the appointed son, the secretly-born son, and the cast-off son. The following are partakers of the gotra only — the son born of the unborn damsel, the son born of the pregnant bride, the son bought, the son of the remarried woman, the self-given son and the son of the Śūdra mother.’

 

 

VERSE 9.166 [The Twelve Kinds of Sons defined]

Section XXIII - The Twelve Kinds of Sons defined

 

स्वक्षेत्रे संस्कृतायां तु स्वयमुत्पादयेद् हि यम् ।
तमौरसं विजानीयात् पुत्रं प्राथमकल्पिकम् ॥१६६॥

svakṣetre saṃskṛtāyāṃ tu svayamutpādayed hi yam |
tamaurasaṃ vijānīyāt putraṃ prāthamakalpikam ||166||

 

Him whom a man himself begets in his own sanctified ‘soil,’ — one shall know as the ‘body-born’ (legitimate) son, (declared) to be the first in order. — (166)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘own’ here denotes ownership, and not the character of belonging to the same caste. Thus, the meaning is that the ‘body-born’ son is one born from the woman ‘sanctified’ (married) by the man himself. If this were not meant by ‘own,’ then the epithet ‘sanctified’ would only exclude the unmarried woman; so that the son begotten on a woman married by another person would also come to be known as one’s ‘body-born’ son. And further, if the word is interpreted as we have pointed out, the sons of the Kṣatriya wife also would be ‘body-born’ (for the Brāhmaṇa father); these latter do not fall within any other class of sons.’ Others take the epithet ‘prathamakalpitam’ as qualifying ‘body-born’ [and meaning ‘of the principal kind’], and hold that the sons born of the Kṣatriya wife are not ‘body-born’ in the fuller sense.

Under this explanation, however, as the son begotten on one’s own married wife would not be ‘body-born’ in the full sense, he would be as good as born of an unmarried wife And even if the sons of the Kṣatriya and other wives are not called ‘body-born,’ what does it matter? They still remain the man’s ‘sons’ and entitled to inherit their limited shares in his property.

The following argument might be put forward — “If the son in question does not fulfill the conditions of the ‘body-born,’ the ‘soil-born,’ or any of the twelve kinds of sons, — and there are only these twelve kinds of sons, — how can he be regarded as a ‘son’ at all?”

The answer to this is as follows: — What is the use of any definitions? The application of the same depends upon actual usage. As a rule, when a child is born of a man, he is called his ‘son’; and obviously, if the child is not born of a man, they do not regard that man to be his ‘father’; and they tell him — ‘this is not your father, you are not born of him.’ From these two affirmative and negative propositions, it follows that the progenitor is the ‘father’ and the person born is the ‘son;’ and it is only for the purpose of indicating the peculiar characteristics that definitions are set forth. In the case of the ‘soil-born’ son, it is true that the person called his ‘father’ is not his progenitor; but that is only with a view to a special purpose; the child being called the man’s ‘son,’ for, even though not his ‘son,’ he fulfills for him the functions of a son.

As a matter of fact, the mere fact of a person being born of a man does not make him his ‘son’; as this has been expressly denied. It is for this reason that such sons have been called ‘substitutes’ (in 180). Further, if the mere fact of being born of a man were to make one his ‘son,’ then there would be no difference in the ‘sonship’ of the ‘body-born son,’ ‘the son born of a remarried woman’ and ‘the son of an unauthorized woman,’ since the fact of being born is common to all of them. Then again, if the mere fact of serving the purposes of a son were the sole condition of one being a ‘son,’ then no one in the world would be ‘sonless.’ As regards the common usage (regarding the use of the name ‘son’) mentioned above, it cannot he regarded as universally true, since it is found that in many cases the name ‘father’ is not applied to the actual progenitor.

Thus then, notwithstanding ordinary usage, the actual application of the name ‘son’ — as in the case of such titles as ‘wife’ and the like — should be determined by the scriptural texts, which lay down the various ways in which a ‘son’ may he begotten; and it is only the signification of the names that may be learnt from ordinary usage; just as in the ease of such titles as ‘Indra’ and the like.

“But as regards the declaration that the ‘body-born’ son is ‘the first in order,’ it is ordinary usage on which this is based.”

Not only on ordinary usage, but also upon the nature of the benefits (conferred by this particular kind of son); — the meaning of the declaration being that ‘the body-born son is in a position to confer the greatest benefits upon his fathers.’ Thus, the other sons are called ‘substitutes’ only on the ground of the lessening degrees of benefits conferred by them. As a matter of fact, however, these other sons cannot be ‘substitutes’ in the real sense of the term; because, it is only when a substance is used as a subsidiary accessory in the completing of an act already begun with a certain substance (which is no longer found) — that the former substance comes to be called a ‘substitute;’ in the case in question however, the son is not the ‘subsidiary accessory’ of any act, the act of begetting the son being itself only a subsidiary act Hence, what is meant by calling the other sons, ‘substitutes’ is that though the ‘soil-born’ and others are also ‘sons,’ it is the ‘body-born’ one that is most praiseworthy; just as we find in the Vedic passage — ‘The cow and the horse are the only cattle, animals other than the cow and the horse are not cattle,’ — where the assertion that the other animals are not ‘cattle’ means that the cow and the ‘horse are praiseworthy.

Further, it has been shown in the Mahābhārata that sons do not always belong to the person from whose seed they are born: e.g., Pāṇḍu, Dhṛtarāṣṭra and Vidura, though born from the seed of Vyāsa, are not spoken of as ‘sons’ of Vyāsa.

It has already been explained by us what useful purpose is served by our regarding as ‘body-bom’ or ‘legitimate,’ the sons of the Kṣatriya and other wives also.

“As regards the ‘son of the Appointed Daughter,’ if this were regarded as a ‘son,’ the number of sons would exceed twelve.”

What is the harm if it does? This may be the thirteenth kind of son. In fact, he has not been separately mentioned, because, the useful purpose served by him is the same as that by the ‘body-born’ son, which fact makes him equal to this latter. That is why another Smṛti text has declared — ‘Equal to him (the Body-born son) is the son of the Appointed Daughter.’ (Yājñavalkya, 2.128). — (166)

 

Explanatory notes by Ganganath Jha:

‘Svakṣetre’ — ‘On his own wife’ (Medhātithi); — ‘on his wife of the same caste as himself’ (‘others’ in Medhātithi, Nārāyaṇa and Kullūka).

This verse is quoted in Vivādaratnākara (p. 553); — in Parāśaramādhava (Prayāścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 538, 557 and 689); — and in Nṛsiṃhaprasāda (Vyavahāra 38a);

 

Comparative notes by various authors:

Baudhāyana (2.3.14). — ‘A son begotten by the husband himself on his wedded wife of equal caste is called the Aurasa, Body-born, son.’

Āpastamba (2.13.1-2) — ‘Sons begotten by a man who approaches in the proper season, a woman of equal caste, who has not belonged to another man, and who has been married legally, have a right to follow the occupations of the caste and to inherit the father’s estate.’

Vaśiṣṭha (17.13). — ‘The first among sons is the son begotten by the husband himself on his legally married wife.’

Viṣṇu (15.2). — ‘The first is the son of the body — viz., he who is begotten by the husband himself on his own lawfully wedded wife.’

Yājñavalkya (2.128). — ‘The body-horn son is one begotten on the legally wedded wife.’

Devala (Vivādaratnākara, p. 554). — ‘One who is begotten by one’s self on one’s legally married wife, is the body-born son, the principal upholder of the father’s family.’

Arthaśāstra (II, p. 40). — ‘The son begotten by the man himself on his lawfully wedded wife is the body-born son.’

 

 

VERSE 9.167

Section XXIII - The Twelve Kinds of Sons defined

 

यस्तल्पजः प्रमीतस्य क्लीबस्य व्याधितस्य वा ।
स्वधर्मेण नियुक्तायां स पुत्रः क्षेत्रजः स्मृतः ॥१६७॥

yastalpajaḥ pramītasya klībasya vyādhitasya vā |
svadharmeṇa niyuktāyāṃ sa putraḥ kṣetrajaḥ smṛtaḥ ||167||

 

If a son is born of the wife of a man, either dead or impotent or diseased, by one who has been duly ‘authorised,’ — that son is declared to be ‘kṣetraja’ ‘soil-born.’ — (167)

 

Medhātithi’s commentary (manubhāṣya):

‘Diseased’ — i.e., suffering from some incurable disease, such as: consumption and the like.

The rest is quite clear. — (167)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādanatnākara (p. 555), which has the following notes — ‘Talpa’, wife, — ‘vyādhitasaya vā’, the disease meant is of the incurable type, — ‘svadharmeṇa’, according to the rules laid down, i.e., ‘smearing his body with clarified butter’ and so forth; — in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (p. 540 and 557): — ‘in Nṛsiṃhaparasāda (Vyavahāra 38a); — and in Vīramitrodaya (Vyavahāra 187b).

 

Comparative notes by various authors:

Baudhāyana (2.3.17-18). — ‘He who is begotten by another man, on the wife of a deceased man, or of a eunuch, or of a man incurably deceased, after she has been authorised, — is called the Kṣetraja, son begotten on one’s wife by another man; — such a son has two fathers and belongs to two families; he has the right to offer the funeral oblations and to inherit the property of his two fathers.’

Vaśiṣṭha (17.14). — ‘The second is the Kṣetraja son, who is begotten by an authorised kinsman on the wife of a person who has failed (by death or disease),’

Viṣṇu (15.3). — ‘The second is the Kṣetraja son, who is begotten by a sapiṇḍa kinsman, or by a member of the highest caste, on an authorised wife or widow.’

Yājñavalkya (2.12). — ‘Th e Kṣetraja son is that begotten on one’s wife by a Sagotra or other kinsman.’

Arthaśāstra (p. 40). — ‘The Kṣetraja son is that begotten on one’s wife by a Sagotra kinsman, or a kinsman not belonging to the same gotra — who is authorised to do so.’

Hārīta (Vivādaratnākara, p. 557). — ‘The son begotten by another while the woman’s husband is alive is called Kṣetraja; and when begotten after his death is called Dvyāmuṣyāyaṇa.’

 

 

VERSE 9.168

Section XXIII - The Twelve Kinds of Sons defined

 

माता पिता वा दद्यातां यमद्भिः पुत्रमापदि ।
सदृशं प्रीतिसंयुक्तं स ज्ञेयो दत्त्रिमः सुतः ॥१६८॥

mātā pitā vā dadyātāṃ yamadbhiḥ putramāpadi |
sadṛśaṃ prītisaṃyuktaṃ sa jñeyo dattrimaḥ sutaḥ ||168||

 

When in times of distress, the mother or the father affectionately gives away, with water-libations, a worthy son, — that son is called ‘given’ (adopted). — (168)

 

Medhātithi’s commentary (manubhāṣya):

It would be more reasonable to read ‘ca’ ‘and,’ instead of ‘vā,’ ‘or’ — ‘The father and the mother’; the child belongs to both the parents, and cannot be given away, if either of them is unwilling.

Or, we may accept the reading ‘vā’ ‘or’; according to another text, which says — ‘The father or the mother may give the child’; but when the father is spoken of as the superior of the two parents, this superiority pertains to other matters.

“Since there is the mother’s ownership also over the child, the father cannot have the sole right to give away the son.”

True; but there are texts declaring that in the absence of the parents (?) the child belongs to the owner of the seed. It is for this reason that the ‘father’ has been mentioned. Vaśiṣṭha also has declared — “The woman shall neither give away nor adopt a son.’

‘Worthy’; — this refers, not to caste, but to the presence of qualifications in conformity with the family concerned. Thus, it is that the Brāhmaṇa can adopt sons of the Kṣatriya and other castes also.

‘Affectionately.’ — This has been added with a view to preclude greed and such motives for the giving away of the child. — (168)

 

Explanatory notes by Ganganath Jha:

‘Sadṛśam’. — ‘Equal by virtue, not by caste’ (Medhātithi); — ‘Equal by caste’ (Kullūka, Nārāyaṇa, Rāghavānanda and Nandana).

‘Mātā pitā ca’. — ‘Mother and father, mutually agreeing’ (Kullūka), — ‘mother, if there is no father’ (Rāghavā-nanda).

‘Prītisamyuktam’ — ‘Affectionately, not out of greed’ (Medhātithi); — ‘not out of fear and so forth’ (Kullūka and Nandana); — ‘not by force or fraud’ (Rāghavānanda).

‘Āpadi’. — ‘If the adopter has no son’ (Kullūka and Rāghavānanda); — ‘if the adoptee’s parents are in distress’ (Nārāyaṇa).

This verse is quoted in Madnapārijāta (p. 652), which adds the following notes: — ‘Sadṛśam of the same caste; if the father is dead or gone to foreign lands, and the mother finds herself in distress, she is by herself, entitled to ‘give away’ the son; similarly if the mother happens to be insane or dead, the father, by himself, is entitled to give him away; in other cases the child can be given away only by the consent of both parents; — the addition of the term ‘āpadi’ means that no son can be given away in normal times; if he be given in normal times, the sin of it falls upon the giver, not the receiver, of the son.

It is quoted in Mitākṣarā (2.132), which adds that no son should be given under normal conditions, — this being a prohibition meant for the giver, not for the adopter (adds the Bālambhaṭṭī), who therefore incurs no sin; — and in Vīramitrodaya (Vyavahāra 188b).

It is quoted in Vīramitrodaya (Saṃskāra, p. 224), which adds the following notes — ‘Āpadi’, during a famine and so forth; — if the child is given in normal times, the sin lies on the giver; — or it may refer to the adopter, in which case ‘āpadi’ will mean ‘when he has no son’, — also on p. 211, where ‘sadṛśam’ is explained as ‘of the same caste’; — it rejects the view of Medhātithi that the Ksattriya can be adopted by the Brāhmaṇa, and also that of the Kafpataru that the Brāhmaṇa can adopt a Śūdra, on account of their being opposed to Śaunaka, Gautama and Yājñavalkya.

It is quoted in Aparārka (p. 736), which adds the. following notes: — ‘Adbhiḥ’ stands for all those details that accompany gifts; — ‘āpadi’, during a famine and so forth; — or ‘āpadi’ may refer to the adopter, in which case it will mean ‘in the event of his having no son’; — ‘sadṛśam’, of the same caste as the giver and the adopter; — ‘prītisamyuktan’, not moved by fear, or any such motive.

It is quoted in Nirṇayasindhu (p. 176); — in Vivādaratnākara (p. 567), which adds the following notes — ‘Āpadi’, when the adopter has no son; — ‘sadṛśam’, of the same caste; but Medhātithi holds that the ‘equality’ is in qualities, not in caste; — ‘prītisamyuktam’, free from all fear and such other motives; — and in Vyavahāramayūkha (p. 47), which reads ‘vā’ (for ‘ca’) and remarks that in the absence of the mother, the father alone may give away the son, or the mother may do it in the absence of the father; it goes on to controvert Vijñāneśvara’s view that the sin of giving away the son in normal times accrues to the giver, not to the adopter; — ‘Sadṛśam’, equal in family-status and other qualifications, says Medhātithi; hence according to him the Kṣatriya also may be adopted by the Brāhmaṇa. But it prefers the view of Kullūka by which ‘sadṛśam’ means ‘of equal caste’.

This is quoted in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 557 and 692); — in Dattakacandrīkā (p. 48), which explains ‘āpadi’ as ‘when the adopter has no son’, — and ‘Sadṛśam’ as ‘belonging to the same caste,’ — it notes Medhātithi’s opinion that ‘Sadṛśam’ means ‘possessed of equalities in keeping with the traditions of the family,’ and hence even a Kṣatriya could be adopted by the Brāhmaṇa, and adds that what this means is that ‘when the Brāhmaṇa, has a body-born son, his other sons of the Kṣatriya and other castes, even though not entitled to the offering of Balls and water, yet for purposes of perpetuating his name, they serve the purposes of a son’; — in Nṛsiṃhaprasāda (Vyavahāra 38a — and Śrāddha 4a); — in Kṛtyasārasamuccaya (p. 73), which explains ‘adbhiḥ’ as ‘water’ and notes that it includes Tila and the other ingredients also, — it explains ‘sadṛśam’ as ‘of the same caste’, and ‘āpadi’ as ‘in the event of the adopter having no son’, — it adds that ‘Prītisamyuktam’ (which is its reading for ‘prītisamyuktam’) means that the father or mother should make over the child through love and not through fear or covetousness; — and in Dattakamīmānsā’ (p. 9 and 20), which explains ‘āpadi’ as ‘during a famine or some such times of distress’, — and adds that if the parents give away the child during normal times, they incur sin.

 

Comparative notes by various authors:

Baudhāyana (2.3.20). — ‘He is called a Datta, adopted son, who, being given away by his father and mother, or by either of the two, is received in the place of a child.’

Vaśiṣṭha (17.28-29). — ‘The second is the adopted son, whom his father and mother give in adoption.’

Viṣṇu (15.18-19). — ‘The adopted son is the eighth; and he belongs to him to whom he is given by his mother or father.’

Yājñavalkya (2.130). — ‘That son is called adopted whom the mother or the father gives away.’

Arthaśāstra (p. 41). — ‘Similar in quality to the Body-born son is the adopted son, who is given away by the mother and the father, with water.’

Parāśara (4.22). — ‘That son whom his mother or father gives away is called the Dattaka.’

 

 

VERSE 9.169

Section XXIII - The Twelve Kinds of Sons defined

 

सदृशं तु प्रकुर्याद् यं गुणदोषविचक्षणम् ।
पुत्रं पुत्रगुणैर्युक्तं स विज्ञेयश्च कृत्रिमः ॥१६९॥

sadṛśaṃ tu prakuryād yaṃ guṇadoṣavicakṣaṇam |
putraṃ putraguṇairyuktaṃ sa vijñeyaśca kṛtrimaḥ ||169||

 

When one appoints a son who is worthy, capable of discerning right and wrong, and endowed with filial virtues, — that son is to be known as “appointed.’ — (169)

 

Medhātithi’s commentary (manubhāṣya):

Here also the epithet ‘worthy’ refers to qualities.

Some people, however, explain it to mean ‘belonging to the same caste’; b ut if this were meant by the author, the proper. reading would have been ‘sajātīyam’ (in place of ‘sadṛśantu’). And we have already pointed out above that the ‘worthiness’ meant in the present context is not with reference to caste.

‘Capable of discerning right and wrong.’ — Some people have explained this to mean that no one shall be so ‘appointed’ until he has attained his majority; sis until then he is not in a position to discern right and wrong; all that he knows is that he is the ‘son’ of the man who has begotten him and who is maintaining him at the time. So that he would not be able to realise his ‘appointment’ as the son of any other man. For this reason, the ‘appointment’ should be made only when he is able to understand his position.

In reality, however, there is no difference between the two cases. (?) — (169)

 

Explanatory notes by Ganganath Jha:

‘Guṇadoṣavicakṣaṇam’. — ‘Knowing that by performing or not performing Śrāddhas &c. merit or sin will follow’ (Kullūka); — ‘knowing himself to be the son of such and such a person and hence likely to become an out-cast if he did not serve him properly’ (Rāghavānanda); — ‘not a minor’ (‘some’ in Medhātithi and Nārāyaṇa).

This verse is quoted in Aparārka (p. 738), which explains ‘sadṛśam’ as referring to caste; — and in Vivādaratnākara (p. 572), which adds the following notes: — Here also, according to Medhātithi, ‘sadṛśam’ means‘of similar qualifications’; — ‘Guṇadoṣavicakṣaṇam’ means ‘knowing that there is merit in performing the after-death rites for the parents, and sin in not performing them.’ — ‘putragunaiḥ’, obedience and such qualities.

It is quoted in Parāśaramādhava (Prāyaścītta, p. 38), — in Vyavahāra-Bālambhaṭṭī (pp. 546 and 557); — in Kṛtyasārasamuccaya (p. 74), which quotes Vīvādacandra to the effect that ‘sadṛśam’ means ‘of the same caste’; — and in Nṛsiṃhaprasāda (Vyavahāra 38a).

 

Comparative notes by various authors:

Baudhāyana (2.3-21). — ‘He is called the Kṛtrima, appointed, son whom a man himself makes his son, with only the adoptee’s consent, and who belongs to the same caste as the appointer.’

Yājñavalkya (2.131). — ‘The appointed son is one who is made a son by the appointer independently of others.’

Arthaśāstra (p. 41). — ‘The appointed son is one who is made a son.’

 

 

VERSE 9.170

Section XXIII - The Twelve Kinds of Sons defined

 

उत्पद्यते गृहे यस्तु न च ज्ञायेत कस्य सः ।
स गृहे गूढ उत्पन्नस्तस्य स्याद् यस्य तल्पजः ॥१७०॥

utpadyate gṛhe yastu na ca jñāyeta kasya saḥ |
sa gṛhe gūḍha utpannastasya syād yasya talpajaḥ ||170||

 

If a son is born in a man’s house, and it is not known whose he is, — this son ‘secretly born’ in the house shall belong to him of whose wife he is born. — (170)

 

Medhātithi’s commentary (manubhāṣya):

If the mother were not known, then the caste also of the child would not be known; as it has been declared by the ancients that ‘the caste of the child whose progenitor is not known can be ascertained from his mother.’

The rule here laid down refers to a case where there is no suspicion regarding the progenitor being of a lower caste. In the evenṭ. of such suspicion, there would be likelihood of an ‘admixture in the reverse order’; and in that case, the son would not be entitled to perform the functions of a ‘son.’ — (170)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 566); — which adds the following notes: — ‘Talpaja’, born of the wife; — the actual progenitor of this child being unknown, it belongs to the same caste as its mother; this is the case when there is no suspicion of the mother having had intercourse with a man of a lower caste; in the case of there being such suspicion, the child must he regarded as ‘born in the reverse order’, and hence not capable of serving any useful purpose.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 541 and 557); — in Nṛsiṃhaprasāda (Vyavahāra 38a) and in Vīramitrodaya (Vyavahāra 187b.)

 

Comparative notes by various authors:

Baudhāyana (2.3.22). — ‘He is called the Gūḍhaja, secretly born, son who is horn in the house and whose origin is only afterwards recognised.’

Vaśiṣṭha (17.24). — ‘A male child secretly horn in the house is the sixth kind of son.’

Viṣṇu (15.13-14). — ‘The son who is secretly born in the house is the sixth; he belongs to him in whose bed he is born.’

Yājñavalkya (2.129). — ‘He who is born in the house in a hidden manner is called the secretly horn son.’

Arthaśāstra (p, 4l). — ‘Similar to the Kṣetraja son is the Gūḍhaja son, who is born in the house of kinsmen secretly.’

 

 

VERSE 9.171

Section XXIII - The Twelve Kinds of Sons defined

 

मातापितृभ्यामुत्सृष्टं तयोरन्यतरेण वा ।
यं पुत्रं परिगृह्णीयादपविद्धः स उच्यते ॥१७१॥

mātāpitṛbhyāmutsṛṣṭaṃ tayoranyatareṇa vā |
yaṃ putraṃ parigṛhṇīyādapaviddhaḥ sa ucyate ||171||

 

If a man takes up a son deserted by his parents, or by either of them, he is called the ‘cast off son.’ — (171)

 

Medhātithi’s commentary (manubhāṣya):

A child may be deserted by the parents, either because they have many children whom they are unable to support by reason of poverty, or because the particular child has some such defect as disaffection towards his parents and the like.

But the child should not have been openly deserted; as in that case it would not be entitled to being received as a son, — as has been shown elsewhere.

This desertion may be by either one of the parents.

‘Takes up’ — with a view to making him his son, — and not to only supporting him. — (171)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 739), which explains the meaning to be that the ‘Apaviddha’ son is one who is taken up on being abandoned by the parents for some cause, other than his having become an ‘outcast — and in the Vivādaratnākara (p. 571), which adds the following notes: — ‘Utsṛṣṭam’, abandoned, — for some such reason as extreme poverty and consequent incapability to maintain him, or the presence of some defect in him; the acceptance also by the receiver should be for the definite purpose of making him his son; — also in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 547 and 557); — and in Nṛsiṃhaprasāda (Vyavahāra, p. 38a).

 

Comparative notes by various authors:

Baudhāyana (2.3.23). — ‘He is called the Apaviddha, cast-off, son, who, being cast off by his father and mother, or by either of them, is received by one in the place of a child.’

Vaśiṣṭha (17.36-37). — ‘The son cast off is the fifth; — that son is so-called who, being cast off by his father and his mother, is received by one as a son.’

Viṣṇu (15.24-26). — ‘The son cast off is the eleventh; — that son is so called who has been forsaken by his father or mother; — and he belongs to him by whom he is received.’

Yājñavalkya (2.132). — ‘The son who is received by one after having been abandoned (by his parents) is called the cast-off son.’

Arthaśāstra (p. 41). — ‘He who has been cast off by his kinsmen is the cast off son; and he belongs the man who performs his sacraments for him.’

 

 

VERSE 9.172

Section XXIII - The Twelve Kinds of Sons defined

 

पितृवेश्मनि कन्या तु यं पुत्रं जनयेद् रहः ।
तं कानीनं वदेन्नाम्ना वोढुः कन्यासमुद्भवम् ॥१७२॥

pitṛveśmani kanyā tu yaṃ putraṃ janayed rahaḥ |
taṃ kānīnaṃ vadennāmnā voḍhuḥ kanyāsamudbhavam ||172||

 

If a maiden secretly bears a son in her father’s house, that son, born of a maiden, should be declared as ‘maiden-born’ by name, and to belong to the man who marries her. — (172)

 

Medhātithi’s commentary (manubhāṣya):

This verse has been already explained before, and the shares to be allowed to him, along with the ‘adopted,’ ‘appointed’ and ‘cast off’ sons have already been described before (under 132-135). — (172)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2. 129), which adds that if the girl remains unmarried, then the son belongs to her father; but if she is married subsequently, the son belongs to her husband; — in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (p. 557); — in Nṛsiṃhaprasāda (Vyavahāra 38a); — and in Vīramitro daya (Vyavahāra 187b).

 

Comparative notes by various authors:

Baudhāyana (2.3-24). — ‘If anyone approaches an unmarried girl without authorisation, the son born of such union is called the Kānīna, born of the unmarried damsel.’

Vaśiṣṭha (17.22-23). — ‘They declare that the son whom an unmarried girl bears, through lust, in her father’s house is the son of his maternal grandfather. They quote the following — “If an unmarried daughter bear a son begotten by a man of equal caste, the maternal grandfather has a son through him; he shall offer the Ball to and take the wealth of that grandfather.”’

Viṣṇu (15.10.11-12). — ‘The Kānīna is the fifth kind of son; that son is called so who is born of an unmarried daughter in the house of her father; — and he belongs to the man who afterwards marries his mother.’

Yājñavalkya (2.129). — ‘The Kānīna, horn of an unmarried damsel, is the son to his maternal grandfather.’

Arthaśāstra (p. 41). — ‘The Kānīna is born of the womb of an unmarried girl.’

Brahmapurāṇa (Vivādaratnākara, p. 565). — ‘If a son is born to a girl who has not yet been given in marriage, in her father’s house, from a man of the same caste as herself, that son is called Kānīna; and he is a son to that man to whom the girl is subsequently given in marriage.’

Nārada (Do.). — ‘The Kānīna, the Sahoḍha and the Gūḍhaja sons belong to him who marries the mother.’

 

 

VERSE 9.173

Section XXIII - The Twelve Kinds of Sons defined

 

या गर्भिणी संस्क्रियते ज्ञाताऽज्ञाताऽपि वा सती ।
वोढुः स गर्भो भवति सहोढ इति चोच्यते ॥१७३॥

yā garbhiṇī saṃskriyate jñātā'jñātā'pi vā satī |
voḍhuḥ sa garbho bhavati sahoḍha iti cocyate ||173||

 

If one marries, knowingly or unknowingly, a pregnant maiden, the child in her womb belongs to him who marries her, and is called ‘received along with the wife.’ — (173)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 567), which adds that the term ‘saṃskriyate’ stands for the rites of offerings etc. other than those performed with mantras prescribed in connection with marriage; — it quotes the opinion of others to the effect that the rites meant are those laid down in the Atharvan texts:

It is quoted in Vīramitrodaya (Vyavahāra 189b); — in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 547 and 557); — and in Nṛsiṃhaprasāda (Vyavahāra, p. 38a).

It is quoted in Aparārka (p. 738); — and in Vīramitrodaya (Saṃskāra, p. 742), which remarks that the ‘rites’ spoken of here are with a view to just qualify the son thus born to serve as the ‘son’ of his mother’s husband; — and it does not stand for the regular marriage-rites.

 

Comparative notes by various authors:

Baudhāyana (2.3-25). — ‘If one marries, knowingly or unknowingly, a pregnant bride, the child that is born of her is called the Sahoḍha, taken with the Bride.’

Vaśiṣṭha (17.26-27). — ‘Among those sons who arc not inheritors, hut only kinsmen, the first is he who is Taken with the Bride; — the son of a damsel who is married pregnant is called Sahoḍha, Taken with the Bride.’

Viṣṇu (15.15-17). — ‘The son Taken with the Bride is the seventh; — that son is so called who is the son of a woman married while pregnant; — and he belongs to the husband of the pregnant bride.’

Yājñavalkya (2.131). — ‘The son Taken with the Bride is one who has been received (along with his mother) while still in the womb.’

Arthaśāstra (p. 41). — ‘The son of a girl married while pregnant is called Sahoḍha.’

 

 

VERSE 9.174

Section XXIII - The Twelve Kinds of Sons defined

 

क्रीणीयाद् यस्त्वपत्यार्थं मातापित्रोर्यमन्तिकात् ।
स क्रीतकः सुतस्तस्य सदृशोऽसदृशोऽपि वा ॥१७४॥

krīṇīyād yastvapatyārthaṃ mātāpitroryamantikāt |
sa krītakaḥ sutastasya sadṛśo'sadṛśo'pi vā ||174||

 

If a man buys a boy, worthy or unworthy, from his father and mother, with a view to making him his son, that son is called ‘bought.’ — (174)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

 

Explanatory notes by Ganganath Jha:

‘Sadṛśo’ sadṛśo ‘pivā’. — ‘Equal or unequal, by good qualities, not by caste’ (Kullūka and Rāghavānanda); — ‘whether of equal or lower caste’ (Nārāyaṇa).

This verse is quoted in Mitākṣarā (2.131), which adds that ‘sadṛśa’ and ‘asadṛśa’ should be understood to be in regard to qualities, not caste; — in Aparārka (p. 738), which also adds the same remark; — in Vivādaratnākara (p. 570), which adds the following notes: — ‘Sadṛśaḥ’, of the same caste, ‘asadṛśaḥ’, of a different caste, — says the Pārijāta; the author of the Prakāśa adds that even though the text contains the term ‘asadṛśaḥ’ yet one should not buy a sou either of a lower or a higher caste than his own; — and Medhātithi has said that ‘sadṛśa’ and ‘asadṛśa’ refer to sons of the same caster but of diverse qualifications.

It is quoted in Madanapārijāta (p. 653), which also explains ‘sadṛśa’ as referring to qualifications; — in the Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra - Bālambhaṭṭī (p. 557); — and in nṛsiṃhaprasāda (Vyavahāra 38a).

 

Comparative notes by various authors:

Baudhāyana (2.3.26). — ‘He is called the Krīta, Bought, son who, being purchased from his father and his mother, or from either of them, is received by one in the place of a child.’

Vaśiṣṭha (17.30). — ‘The son Bought is the third.’

Viṣṇu (15.20-21). — ‘The son Bought is the ninth; — and he belongs to him by whom he is bought.’

Yājñavalkya (2.131). — ‘The Bought son is one who has been sold by his parents.’

Arthaśāstra (p. 41). — ‘The Bought son is one who has been purchased.’

 

 

VERSE 9.175

Section XXIII - The Twelve Kinds of Sons defined

 

या पत्या वा परित्यक्ता विधवा वा स्वयेच्छया ।
उत्पादयेत् पुनर्भूत्वा स पौनर्भव उच्यते ॥१७५॥

yā patyā vā parityaktā vidhavā vā svayecchayā |
utpādayet punarbhūtvā sa paunarbhava ucyate ||175||

 

If a woman abandoned by her husband, or a widow, of her own accord, marries again and bears a son, that son is called ‘the son of a re-married woman.’ — (175)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 743), which explains the construction as ‘patyā svecchayā parityaktā’; — in Parāśaramādhva (Prāyaścitta, p. 38); — and in Vyavahāra-Bālambhaṭṭī (p. 558).

 

Comparative notes by various authors:

Baudhāyana (2.3.27). — ‘He is called the Paunarbhava son who is born of a remarried woman; — i.e., of one who having left an impotent man, has taken a second husband.’

Vaśiṣṭha (17.18-20). — ‘The fourth is the Paunarbhava, one born of a Punarbhū woman; that woman is called Punarbhū who, leaving the husband of her youth, and having lived with others, re-enters his family; and she is called remarried who, leaving an impotent, outcast or mad husband, — after his death, — takes another lord.’

Viṣṇu (15.7-9). — ‘The son of the re-married woman is the fourth; — she who, being still a virgin, is married a second time is called the re-married woman. — She also is called remarried who, though not legally married more than once, has lived with another man before her lawful marriage.’

Yājñavalkya (2.130). — ‘That son is called Paunarbhava who is born of a woman married again, either after losing her virginity or before it.’

Kātyāyana (Vivādaratnākara, p. 564). — ‘If a woman, after forsaking her impotent or outcast husband, takes another lord, — the son born from her is called Paunarbhava; and he belongs clearly to his begetter.’

Arthaśāstra (p. 41). — ‘The son of the woman married again, is called Paunarbhava.’

 

 

VERSE 9.176

Section XXIII - The Twelve Kinds of Sons defined

 

सा चेदक्षतयोनिः स्याद् गतप्रत्यागताऽपि वा ।
पौनर्भवेन भर्त्रा सा पुनः संस्कारमर्हति ॥१७६॥

sā cedakṣatayoniḥ syād gatapratyāgatā'pi vā |
paunarbhavena bhartrā sā punaḥ saṃskāramarhati ||176||

 

In case she be still a virgin, or having gone away comes back, — she is fit to undergo re-marriage with her second husband. — (176)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

 

Explanatory notes by Ganganath Jha:

“Rāghavānada, relying on Yājñavalkya 2.130, thinks that the word ‘vā’ at the end of the first half-verse, permits the insertion of ‘or not a virgin.’” — Buhler.

This verse is quoted in Aparārka (p. 96), which adds the following explanation: — If, on the death of her flawless husband, — or even during the life-time of a husband who is either impotent or insane or out-cast, — a woman has recourse to a second man, that man is called her ‘paunarbhava’ husband, and the woman who is formally married to such a husband is called ‘punarbhūḥ’; or the meaning may be that if a woman abandons the husband of her youth, — who has no defects and is fully capable of maintaining her, — and has sexual intercourse with another man, but returns again to her former husband, she is ‘gatapratyāgatā’ and also ‘kṣatayoni’; and the husband (deserted and resumed) is ‘paunarbhava’. — Both these kinds of the ‘paunarbhava’ are described by Vaśiṣṭha.

It is quoted in Vīramitrodaya (Saṃskāra, p. 740) to the effect that re-marriage is permitted only so long as the girl is still ‘akṣatayoni’, ‘virgin’. It adds the following notes: — If the virgin here described marries again, it is the second husband that is called ‘paunarbhava’; and it is this man, and his sons, that are excluded from śrāddhas and gifts etc.; the name cannot apply to the former (deserted) husband or his sons. Though the woman being ‘punarbhūḥ’, both the husbands, being related to her, are liable to the title ‘paunarbhava’ (‘related to the Punarbhū’), yet the most reasonable view appears to be to apply the title to that particular husband by virtue of whose connection the woman herself becomes ‘punarbhū’. Aparārka has applied the title to both the husbands; but this view becomes annulled by the above considerations. Though in the explanation provided by us, there would appear to be no distinction made as to whether the gatapratyāgatā girl is or is not still a virgin, yet both Nārāyaṇa and Medhātithi have held that the epithet ‘akṣatayoniḥ’, ‘virgin’, is meant to be construed with the ‘gatapratyāgatā’ also. And this is the correct view.

It is quoted in the Nṛsiṃhaprasāda (Vyavahāra 38a.)

 

Comparative notes by various authors:

Baudhāyana (4.1.15-16). — ‘If a damsel has been abducted by force, and has not been wedded with the sacred texts, she may lawfully be given to another man; she is even like a maiden. — If, after a damsel has been given away, — or even after the nuptial rites have been performed, — the bridegroom dies, — she who has thus left the father’s house and has come hack to it, may ho again wedded, according to the rule applicable to second weddings; provided the marriage had not been consummated.’

Vaśiṣṭha (17.74). — ‘If a damsel, before the death of her husband, had been merely wedded by the sacred texts, and the marriage had not been consummated, she may be married again.’

Viṣṇu (15.8). — ‘She who being still a virgin, is married a second time is called Punarbhū, re-married.’

 

 

VERSE 9.177

Section XXIII - The Twelve Kinds of Sons defined

 

मातापितृविहीनो यस्त्यक्तो वा स्यादकारणात् ।
आत्मानमर्पयेद् यस्मै स्वयन्दत्तस्तु स स्मृतः ॥१७७॥

mātāpitṛvihīno yastyakto vā syādakāraṇāt |
ātmānamarpayed yasmai svayandattastu sa smṛtaḥ ||177||

 

If a boy, being deprived of his parents, or being abandoned by them without cause, offers himself to a man, — he is called the ‘self-offered son.’ — (177)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 738), which explains that the ‘Kāraṇa’, cause, for abandoning, consists in the child having become an out-cast, — and ‘sparśayet’, offers, surrenders.

It is quoted in Vivādaratnākara (p. 571), which has the following notes: — ‘Akāraṇāt’, without fault, — ‘ātmānam sparśayet’ should offer himself with the words, — ‘I am your son — in the Parāśaramādhava (Prāyaścitta, p. 38); — in Nṛsiṃhaprasāda (Vyavahāra 38a); — in Vyavahāra-Bālambhaṭṭī (p. 546); — in Śrāddhakriyakaumudī (p. 455); — in Śuddhikaumudī (p. 92); — and in Vīramitrodaya (Vyavahāra 1(?)89b), which says that the abandoning of the child should be only because of inability to support it, and not by reason of the child having become an out-cast and so forth.

 

Comparative notes by various authors:

Baudhāyana (2.3.28). — ‘He is called a Svayandatta, self-given, son, who, abandoned by his father and mother, gives himself to a stranger.’

Vaśiṣṭha (17.33-5). — ‘The fourth is the son self-given.’

Viṣṇu (15.22-23). — ‘The son self-given is the tenth; — and he belongs to him to whom he gives himself,’

Yājñavalkya (2.131). — ‘One who gives himself is the self-given son.’

Arthaśāstra (p. 41). — ‘The Upagata, self-offered, son is one who offers himself, or is offered by his kinsmen, as a son to a stranger.’

 

 

VERSE 9.178

Section XXIII - The Twelve Kinds of Sons defined

 

यं ब्राह्मणस्तु शूद्रायां कामादुत्पादयेत् सुतम् ।
स पारयन्नेव शवस्तस्मात् पारशवः स्मृतः ॥१७८॥

yaṃ brāhmaṇastu śūdrāyāṃ kāmādutpādayet sutam |
sa pārayanneva śavastasmāt pāraśavaḥ smṛtaḥ ||178||

 

If a Brāhmaṇa, through lust, begets a son on a Śūdra woman, he is as a corpse, even though living, and hence called the ‘living corpse.’ — (178)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

 

Explanatory notes by Ganganath Jha:

“The designation ‘a corpse’ indicates that his father derives imperfect benefits from his offerings (Kullūka, Nārāyaṇa and Rāghavānanda), — or that he is blameable (Rāghavānanda).” — Buhler.

This verse is quoted in Parāśaramādhava, (Prāyaścitta, p. 38); — in Vivādaratnākara (p. 574), which adds the following notes: — ‘Pārayan,’ conferring some benefits upon the man whom he regards as his father, — he is called ‘śava’ ‘corpse,’ because of his being capable of conferring very little benefit upon his father; — in Vyavahāra-Bālambhaṭṭī, (pp. 552 and 688); — in Nṛsiṃhaprasāda (Vyavahāra 38a); — in Vīramitrodaya (Vyavahāra 189b) — and by Jīmūtavāhana (Dāyabhāga, p. 220), which says that this refers to the son of a Śūdra woman who is not a married wife.

 

Comparative notes by various authors:

Baudhāyana (2.3.30). — ‘He who is begotten, through lust, by a man of the first twice-born caste on a Śūdra woman, is the Pāraśava son.’

Vaśiṣṭha (17.38). — ‘They declare that the son of a woman of the Śūdra caste is the sixth (among those who are kinsmen, not heirs.)’

Viṣṇu (15.27). — ‘The son born of a non-descript woman, Yatra-kvacana-utpādita, is the twelfth.’

Arthaśāstra (p. 42). — ‘The son of a Brāhmaṇa father (and Śūdra mother) is the Niṣāda or the Pāraśava.’

 

 

VERSE 9.179

Section XXIII - The Twelve Kinds of Sons defined

 

दास्यां वा दासदास्यां वा यः शूद्रस्य सुतो भवेत् ।
सोऽनुज्ञातो हरेदंशमिति धर्मो व्यवस्थितः ॥१७९॥

dāsyāṃ vā dāsadāsyāṃ vā yaḥ śūdrasya suto bhavet |
so'nujñāto haredaṃśamiti dharmo vyavasthitaḥ ||179||

 

If a son is born to a Śūdra from a female slave, or from the female slave of a slave, he shall, when permitted, receive a share; such is the settled law. — (179)

 

Medhātithi’s commentary (manubhāṣya):

In the case of a Śūdra, the child born from an unmarried woman, or from an unauthorised woman, is a ‘son.’ From the text, it is clear that if a slave were to beget a child upon a female slave belonging to another slave, that child would belong to the former, and not to the latter.

‘When permitted’ — by his father — ‘shall receive a share’ — equal to that of the ‘legitimate’ son; when the partition is done during the father’s life-time, or when the father has declared to his sons that ‘this child is entitled to a share equal to yours.’

If, however, the father does not permit it, what should he done has been declared in another Smṛti — ‘The son born to a Śūdra from a female slave shall receive a share according to the wish — [of his father, i.e., as much as his father permits him to take], — but on the fathers death, his brothers shall allot to him a half-share; [that is, they shall give him half of their own share; if they themselves take two shares each, they shall give him one]; — if he has no brothers, he shall take the entire property, except when there are daughter’s sons; — i.e., in the absence of ‘legitimate’ sons, he shall inherit the whole property, but only if there is no daughter’s son; if the daughter’s son is there, this latter shall be treated like a ‘legitimate’ son; because, nothing else is mentioned in connection with the daughter’s son, and it is he that is presented to the mind by the context.

In the case of the Brāhmaṇa and other castes, the sons of slave-girls are entitled to mere subsistence.

Such is the law. — (179)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 537), which adds the note that the son meant is born to a slave from a slave-girl not married to him; — the Kalpataru holds that the son meant is that born from the slave-girl belonging to a personal servant; — in Vyavahāra-Bālambhaṭṭī (p. 566); — in Nṛsiṃhaprasāda (Vyavahāra, p. 38a); — and by Jīmūtavāhana (Dāyabhāga, p. 222), which says that in the absence of the said sanction, the son is to have only half a share.

 

Comparative notes by various authors:

Yājñavalkya (2.133). — ‘A son born to a Śūdra father from a slave-girl may inherit his property, by the desire of his father; on the death of the father, his brothers may allot to him one-half share; — if there are no brothers, nor sons of the father’s daughter born of his married wife, then he shall take the whole property.’

 

 

VERSE 9.180

Section XXIII - The Twelve Kinds of Sons defined

 

क्षेत्रजादीन् सुतानेतानेकादश यथोदितान् ।
पुत्रप्रतिनिधीनाहुः क्रियालोपान् मनीषिणः ॥१८०॥

kṣetrajādīn sutānetānekādaśa yathoditān |
putrapratinidhīnāhuḥ kriyālopān manīṣiṇaḥ ||180||

 

These eleven, the ‘soil-born’ and the rest, as here described, the wise ones call ‘substitutes of a son,’ — taken with a view to the failure of a religious duty. — (180)

 

Medhātithi’s commentary (manubhāṣya):

‘Substitute’ — when the ‘principal’ is not there; which means that these other sons are to be taken only in the absence of the ‘legitimate’ son.

In other Smṛtis, these sons have been mentioned in a different order; e.g., the ‘secretly born’ occupies the fifth place in one text, while the sixth in another. But no significance attaches to the order in which these? are mentioned; this is what is indicated by the fact that there is no uniform order adopted by the Smṛtis. Even though no special significance attaches to the order, yet a distinctly useful purpose is served by it; as we shall explain later on.

These sons are taken ‘with a view to’ — on account of — ‘the failure of a religious duty’; i.e., with a view to prevent the transgression of the injunction that ‘one shall beget a child.’ This injunction is an obligatory one, and as such, must, be acted up to by the Householder. The principal method of doing this consists in begetting a ‘legitimate’ son; but in the absence of that, he may have recourse to the others here described. — (180)

 

Explanatory notes by Ganganath Jha:

“These substitutes are not to be taken if there is a ‘body-born’ son (Medhātithi), — or an ‘appointed daughter’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 574), which adds the following notes: — ‘Putrapratinidhīn,’ ‘substitutes of the Body-born Son and the Appointed Daughter’, — they perform the necessary functions only in the absence of these two; — the reason for this is supplied by the term ‘Kriyālopāt’ — which means ‘on account of the risk of transgressing the injunction that one should beget children’; — the injunction is an obligatory one; and as such has to be obeyed by some means or the other; hence when the primary method of having children fails, one must have recourse to the secondary method of having substitutes.

It is quoted in Smṛtitattva, II, (p. 262), to the effect that the name ‘son’ is applied to the substitutes only figuratively; — in Aparārka (p. 97); — in Mitākṣarā, (3.259), to the effect that the substitutes are not really sons, they are so called because they perform the functions of the son; — in Vīramitrodaya (Saṃskāra, p. 207), which notes that those ‘sons’ whose bodies are made up of the constituents of the body of one of the two parents, — e.g. the ‘Kṣetraja,’ ‘Gūḍhaja,’ ‘Kānīvn’ ‘Paunarbhava’ and ‘Sahoḍha’ — are called ‘substitutes because the constituents of the body of the other parent are wanting’; — and in the case of the Appointed Daughter, even though her body is made up of the constituents of the bodies of both parents, and as such she would appear to be exactly like a regular ‘son,’ yet she has been regarded as a ‘substitute’ or ‘secondary son,’ on the ground that being a girl, she has a body wherein the constituents of the father’s body are less than those of the mother’s; it is for this reason that Yājñavalkya has called her ‘equal’ to the ‘Body-born’ Son; — the son of the Appointed Daughter is ‘secondary,’ the constituents of the bodies of his grandparents existing in his body indirectly (through his mother). In the case of the ‘Dattaka,’ ‘Krīta,’ ‘Kṛtrima,’ ‘Svayamdatta’ and ‘Apabiddha,’ on the other hand, — where the ‘son’ is not born of either of the adoptive parents, — there is no connection at all with the constituents of the bodies of these latter; and in their case, their character of ‘secondary son’ would rest entirely upon the verbal authority of the texts, and in their case the term ‘pratinidhi,’ ‘substitute,’ would mean ‘anukalpa,’ ‘secondary alternative.’

It is quoted in Madanapārijāta (p. 837), which notes that these sons are not regular ‘sons,’ the name being applied to them only on the ground of their performing the functions of the son; — in Vyavahāra-Bālambhaṭṭī (pp. 552, 652 and 683); — in Dattakamīmānsā (p. 29); — in Dattakacandrikā (p. 48); — and in Vīramitrodaya (Vyavahāra 189b), which says that the reason for their being called ‘secondary substitutes’ lies in the fact that there have been no marriage and other rites performed.

 

Comparative notes by various authors:

Bṛhaspati (25.33-34). — ‘Of the thirteen sons mentioned by Manu, the Body-born and the Appointed Daughter continue the family. — As in default of clarified butter, oil is admitted by the righteous as a substitute, so are the eleven sons admitted as substitutes, in default of the Body-born son and of the Appointed Daughter.’

Brahmapurāṇa (Vivādaratnākara, p. 576). — ‘While the Body-born son or the Appointed Daughter is there, the Kṣetraja and other sons, belonging as they do to different gotras, are only continuers of the family; and they perform the śrāddha as slaves.’

 

 

VERSE 9.181

Section XXIII - The Twelve Kinds of Sons defined

 

य एतेऽभिहिताः पुत्राः प्रसङ्गादन्यबीजजाः ।
यस्य ते बीजतो जातास्तस्य ते नैतरस्य तु ॥१८१॥

ya ete'bhihitāḥ putrāḥ prasaṅgādanyabījajāḥ |
yasya te bījato jātāstasya te naitarasya tu ||181||

 

Those sons born of the seed of strangers that have been described here by the way, belong to him from whose seed they are born, and not to any other person. — (181)

 

Medhātithi’s commentary (manubhāṣya):

Some people explain this to mean the denial of the injunction regarding the other sons, even in the absence of the ‘legitimate’ son; the sense being that — ‘those that have been described as substitutes to be appointed in the absence of the legitimate son, should not be appointed, because; being born of the seed of another man, they are the sons of that man, and of none other; they cannot he the ‘sons’ of the man that appoints them.’

Thus, the foregoing texts having sanctioned the appointing of such sons, and the present text forbidding it, there should be option; and this option shall be restricted to the inheriting of property. So that the ‘maiden-born,’ the ‘one received along with the wife,’ the ‘son of the remarried woman’ and the ‘secretly born’ son are not entitled to inherit property; the ‘adopted’ and the rest are entitled to inherit only in the absence of the ‘legitimate’ son, while the ‘maiden-born’ and the rest are not to inherit the father’s property even in the absence of die ‘legitimate’ son; they are entitled to food and clothing only, whether the ‘legitimate’ son is there or not; since it has been declared (in 202 below) — ‘It is only fair that the wise man should give to all food and clothing according to his means; if he does not give it at all, he would become an outcast.’ — (181)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 574); — and in Aparārka (p. 97).

 

Comparative notes by various authors:

[See texts under 32 et seq.]

Baudhāyana (2.3.34-35). — ‘The son belongs to the begetter............ After one’s death, the son belongs to the begetter.’

Āpastamba (2-13.6-10). — ‘A Brāhmaṇa text says — “The son belongs to the begetter.” — They quote also the following — “Having considered myself formerly a father, I shall not now allow my wives to be approached by other men; since they have declared that a son belongs to the begetter...... In the next world, the son belongs to the begetter.”’

 

 

VERSE 9.182

Section XXIII - The Twelve Kinds of Sons defined

 

भ्रातॄणामेकजातानामेकश्चेत् पुत्रवान् भवेत् ।
सर्वांस्तांस्तेन पुत्रेण पुत्रिणो मनुरब्रवीत् ॥१८२॥

bhrātṝṇāmekajātānāmekaścet putravān bhavet |
sarvāṃstāṃstena putreṇa putriṇo manurabravīt ||182||

 

Among brothers, born of the same father, if even one have a son, Manu has declared all of them to be ‘with son,’ through that son. — (182)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

Medhātithi on verses 182-202 is wanting in all Mss. But Kullūka criticises his view on 187; and Vivādaratnākara (p. 522) quotes him on 194.

“Hence no subsidiary sons (Kullūka and Rāghavānanda), or no Kṣetrjas (Nārāyaṇa) are necessary in such a case. Kullūka and Rāghavānanda add that the brother will take the estate and give the funeral offerings on failure of a wife, daughters and so forth (Yājñavalkya, 2.135).” — Buhler.

This verse is quoted in Vivādaratnkara (p. 582); — in Smṛtitattva, (p. 389), which explains ‘ekajātānām’ as ‘born of the same father and mother’; — in Mitākṣarā, (2.132), to the effect that the verse is meant to prohibit the adopting of any other person as ‘son,’ so long as the brother’s son can be adopted; it does not mean that the nephew is a regular ‘son.’

It is quoted in Vīramitrodaya (Saṃskāra, p. 211), which adds the following notes: — The term ‘putriṇaḥ’ indicates some action taken by the man who adopts the ‘son’; so that the meaning of the sentence comes to be this: — Among uterine brothers, if a son is born to even one, the others, having no sons of their own, should adopt that son as theirs; nor would this be repugnant to the prohibition that there can be no adopting of one who is the only son of his parents; as the only ground for this prohibition lies in the consideration that if the only son becomes adopted by another person, the line of his own father becomes extinct; which consideration is not present in the case in question as the ‘line’ of all uterine brothers is one and the same; then there is another reason also; what the prohibition interdicts is the giving of the only son to be adopted, while in the case in question there is no giving away, the son being regarded as belonging to all the brothers, only by mutual understanding.

It is quoted in Vyavahāra-Bālambhaṭtī (p. 668); — in Dattakamīmāṃsā (p. 10) as lending support to the view that, so far as possible, one should adopt his own brother’s son, and adds that ‘ekajātānām’ makes it clear that the adopting is to be done by the uterine brother, not by a brother born of different fathers or different mothers, and that ‘bhrātṛṛṇām (bhrātṝṇām?)’ implies that there can be no mutual adoption by the brother of the son of the sister; — and in Vīrmitrodaya (Vyavahāra 108b).

 

Comparative notes by various authors:

Vaśiṣṭha (17.10). — ‘If amongst many brothers begotten by one father, one have a son, they all become with son through that son; so says the Veda.’

Viṣṇu (15.42). — ‘Among brothers begotten by one father, the son of one is the son of all and must present the Ball of meal to all.’

Bṛhaspati (25.90). — ‘When there are many uterine brothers sprung from one father, — and a son is horn even to one of them only, — they all are declared to have male offspring, through that son.’

Kālikāpurāṇa (Vīramitrodaya-Saṃskāra, p. 212). — ‘People become endowed with son, through their own sons as also through the sons of their brothers.’

Bṛhatparāśara (Vīramitrodaya-Saṃskāra, p. 213). — ‘Of a sonless uncle, his brother’s son would he the son and shall perform his Śrāddha and offer the Ball of meal.’

 

 

VERSE 9.183

Section XXIII - The Twelve Kinds of Sons defined

 

सर्वासामेकपत्नीनामेका चेत् पुत्रिणी भवेत् ।
सर्वास्तास्तेन पुत्रेण प्राह पुत्रवतीर्मनुः ॥१८३॥

sarvāsāmekapatnīnāmekā cet putriṇī bhavet |
sarvāstāstena putreṇa prāha putravatīrmanuḥ ||183||

 

Among all the wives of one man, if one have a son, Manu has declared all of them to be ‘with son,’ through that son. — (183)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 582); — in Smṛtitattva (p. 300) as attributing the character of the regular ‘son’ to the son of the co-wife; — in Smṛtitattva II (p. 187); — again on p. 388, where ‘ekapatnīnām’ is expounded as ‘ekaḥ patiḥ yāsām’; — in Hemādri (Śrāddha, p. 97); — in Śrāddhakriyākaumudī (p. 459 and 465), to the effect that a woman’s property is inherited (1) by her son, (2) by her grandson, (3) by her great-grandson, (4) by her daughter and (5) by her step-son; and also as entitling the step-son to do the ‘sapiṇḍana,’ ‘amalgamating,’ Śrāddha for his step-mother; — in Kṛtyasārasamuccaya (p. 76), to the effect that the step-son is as good as a son; — in Dattakamīmāṃsā (p. 14), to the effect that the step-son is a ‘son’, even without being ‘appointed’, because he is constituted by the elements of her own husband’s body; — in Dattakacandrikā (p. 50); — in Smṛtisāroddhāra (p. 200), to the effect that if a woman has no son of her own, her afterdeath rites are to be performed by her step-son; — in Śuddhikaumudī (p. 103); — and in Vyavahāra-Bālambhaṭṭī (p. 668).

 

Comparative notes by various authors:

Vaśiṣṭha (17, 11). — ‘If among many wives of one husband, one have a son, they all become with son, through that son; — thus says the Veda.’

Viṣṇu (15.41). — ‘Amongst wives of one husband also, the son of one is the son of all.’

Bṛhaspati (25.100). — ‘The same rule applies to a plurality of wives; if one of them has male issue, that son shall offer the Ball of meal to them all.’

 

 

VERSE 9.184

Section XXIII - The Twelve Kinds of Sons defined

 

श्रेयसः श्रेयसोऽलाभे पापीयान् रिक्थमर्हति ।
बहवश्चेत् तु सदृशाः सर्वे रिक्थस्य भागिनः ॥१८४॥

śreyasaḥ śreyaso'lābhe pāpīyān rikthamarhati |
bahavaścet tu sadṛśāḥ sarve rikthasya bhāginaḥ ||184||

 

On the failure of each superior kind of son, each next inferior one is entitled to inheritance; if there be several of the same class, all shall share the property. — (184)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

“Kullūka and Rāghavānanda add that, as the son of Śūdra wife is enumerated among the twelve, and not considered, like the son of Kṣatriya and Vaiśya wives, a legitimate son, he inherits only on failure of all other subsidiary sons.” — Buhler.

This verse is quoted in Vivādaratnākara (p. 552), which explains ‘Sadṛśāḥ’ as ‘equal in qualifications’; — in Vyavahāra-Bālambhaṭṭī (pp. 555, 691 and 698); — and in Vīramitrodaya (Vyavahāra 192a).

 

Comparative notes by various authors:

Vaśiṣṭha (17.39, 81). — ‘They quote the rule that the last mentioned six sons shall inherit the property of him who has no son mentioned among the first-mentioned six classes. Let the Sapiṇḍas or the subsidiary sons divide the heritage of him who has no son of the first-mentioned six kinds.’

Viṣṇu (15.28-29). — ‘Among these sons, each preceding one is preferable to the one next in order; — and he takes the inheritance before the next in order.’

Yājñavalkya (2.132). — ‘Among the sons, the succeeding one is entitled to offer the Ball and inherit the property only in the absence of the preceding one.’

Śaṅkha-Likhita (Vivādaratnākara, p. 552). — (Same as Manu.)

Bṛhaspati (25.39-41). — ‘The other sons, beginning with the Kṣetraja, shall respectively take a fifth, a sixth and a seventh part. The adopted, the cast off, the bought, the appointed and the son by a Śūdra wife; — these, when pure by caste, and irreproachable in their conduct, are considered as sons of middle rank. The Kṣetraja is despised by the virtuous; and so are the son born of the re-married woman, the son of an unmarried damsel, the son received with the pregnant bride and the son secretly born.’

Hārīta (25.39-41). — ‘Sons of the Śūdra wife, sons self-given and sons bought are all as had as the Śūdra-born.’

 

 

VERSE 9.185 [Inheritance]

Section XXIV - Inheritance

 

न भ्रातरो न पितरः पुत्रा रिक्थहराः पितुः ।
पिता हरेदपुत्रस्य रिक्थं भ्रातर एव च ॥१८५॥

na bhrātaro na pitaraḥ putrā rikthaharāḥ pituḥ |
pitā haredaputrasya rikthaṃ bhrātara eva ca ||185||

 

Sons alone shall inherit the father’s property, not brothers or fathers; but the father and brothers shall inherit the property of one who dies sonless. — (185)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

“Kullūka and Rāghavānanda insert, after ‘who leave no son,’ ‘nor widow and daughters’, and before ‘brothers’, ‘who leaves no parents.’ Nārāyaṇa, who (as also Govindarāja and Nandana) reads ‘eva vā’, ‘or brothers’, says that the father inherits the estate of an undivided son leaving no male issue, or the brothers with his permission, and that the estate of a divided son descends to his wife and other heirs mentioned in Yājñavalkya II, 135-136.” — Buhler.

The first half of this verse is quoted in Mitākṣarā (2.132) to the effect that all sons, ‘body-born’ as well as others, are entitled to inherit the father’s property. The Bālambhaṭṭī quotes verse 184 and notes that ‘son’ cannot be taken as standing for the body-bom sons only; because the rights of the body-born born have been declared in another verse already.

It is quoted in Aparārka (p. 653); — and in Vivādaratnākara (p. 552), which quotes the first half only; — it quotes the second half on p. 592, where ‘aputrasya’ is explained as ‘without sons, primary as well as secondary.’

The second half is quoted in Mitākṣarā (2.136), as laying down that the property of a sonless man goes to his Father or Brother; — again as justifying the conclusion that, if the man leaves a large property, his wife is to receive enough for her maintenance and the remainder is to go to his brother; — again, where the view is expressed that all that is meant is that both the Father and the Brother are entitled to inherit; and no priority or preference is meant to be implied by the order in which the two are mentioned; — on this the Bālambhaṭṭī notes that this view is supported by the use of the particle ‘vā’; — again, where it is explained as meaning that brothers inherit only in the absence of the father.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 650 and 651); — in Dattakacandrikā (p. 61); — and by Jīmūtavāhana Dāyabhāga, (p. 253 and 293), to the effect that it is this brother that inherits, not the brother’s son.

 

Comparative notes by various authors:

Viṣṇu (17.4-8). — ‘The wealth of a man who dies without male issue goes to his wife; failing her, to his daughter; failing her to his father; failing him, to his mother; failing her, to his brother; failing him, to his brother’s sons; failing them, to his kinsmen; failing them, to Sakulyas; failing them, to fellow-students; failing them to the King, except in the case of the property being a Brāhmaṇa’s.’

Yājñavalkya (2.135-136). — ‘Wife, daughters, parents, brothers, brother’s sons, Sagotras, kinsmen, pupils, fellow-students; among these the succeeding inherits the property of a man dying without male issue, only in the absence of the preceding one. Such is the law for all castes.’

Bṛhaspati (Āparārka, pp. 740, 742, 745). — ‘The wife being one half of the man’s body, the man whose wife is alive is himself still alive; and while one half of his body is alive, how can any one else take his property? Hence in the case of a man dying without male issue, even though his father, brothers and Sapiṇḍas may be living, it is his wife who inherits his property. If the man dies without leaving a male issue or a wife, or brother or father or mother, his property shall be divided by his Sapiṇḍas in proportionate shares. If the man leaves no son, his Śrāddha shall he performed by his wife; and in the absence of the wife, by his uterine brother; — failing him, other brothers, or brothers’ sons, or Sapiṇḍas, or Sakulyas, or pupils, or Vedic scholars are entitled to his wealth.’

Śaṅkha (Aparārka, p. 741). — ‘If a man dies without male issue, his property goes to his brother; failing him, to his mother and father; or to his senior (or junior) wife.’

Devala (Do.). — ‘The property of the son-less man shall go to his uterine brothers, or to his daughters of the same caste as himself, or to his father if he he living, or to brothers of the same caste as himself, or to his mother, or to his wife; — in this same order.’

Nārada (Do.) — ‘If among brothers, some one should die, or go away as a Renunciate, the other brothers shall divide his property among themselves, except the Strīdhana; they shall support his wives as long as they continue to be faithful to their husband.’

Gautama (Do., 742). — ‘The wife should obtain the property of one who dies childless.’

Vṛddha-manu (Do.). — ‘A widow, without a son, keeping pure the husband’s bed, and firm in the observance of her duties, shall offer the Hall of meal to him and take his entire property.’

Kātyāyana (Do., p. 745). — ‘If a man dies after partition, without leaving a male issue, his father should take his property, or his brother, or mother, or his father’s mother, in due order.’

Pāiṭhīnasi (Vivadaratnākara, p. 592). — ‘The property of a son-less man goes to his brother; failing him to his mother and father, or his eldest wife, or Sagotras, or pupils, or fellow-students.’

Āpastamba (Do., p. 596). — ‘In the absence of sons, the nearest Sapiṇḍa; failing him, the preceptor; failing him, the pupil.’

 

 

VERSE 9.186

Section XXIV - Inheritance

 

त्रयाणामुदकं कार्यं त्रिषु पिण्डः प्रवर्तते ।
चतुर्थः सम्प्रदातैषां पञ्चमो नोपपद्यते ॥१८६॥

trayāṇāmudakaṃ kāryaṃ triṣu piṇḍaḥ pravartate |
caturthaḥ sampradātaiṣāṃ pañcamo nopapadyate ||186||

 

To three should water-libation be offered; to three is the cake offered; the fourth is the giver of these offerings; there can be no fifth. — (186)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

According to Kullūka and Rāghvānanda the verse is meant to indicate the right of the kṣetraja and other secondary sons to inherit the estate of grand-father and others dying childless. — According to Nandana it indicates the right of grand-sons and great grand-sons to inherit before brothers and the rest.

This verse is quoted in Vivādaratnākara (p. 592); — in Aparārka (p. 744), as describing the ‘nearest sapiṇḍas’; the sense being that that sapiṇḍa is the ‘nearest’ who makes water-offerings to the same persons (father, grandfather and great-grandfather); so that the uterine brother would be the ‘nearest’; the son of the uterine brother would he one step removed, as his ‘father’ would be different; — still one further removed would be the brother’s grandson, as his ‘father’ and ‘grandfather’ would both be different; so on with the others.

It is quoted in Smṛtitattva II (p. 134), to the effect that the father, the grandfather and the great-grandfather, irrespective of their wives, are the ‘deities’ (i.e., recipients) of the water and other offerings; — and again on p. 195; — and in Vyavahāra-Bālambhaṭṭī (p. 655); — in Vīramitrodaya (Vyavahāra 198b); — and by Jīmūtavāhana (Dāyabhāga, pp. 157 and 253).

 

Comparative notes by various authors:

(verses 9.186-189)

[See Text under 185.]

Mānava-Śrāddhakalpa (III). — (Same as Manu.)

Āpastamba (2.14.2-5). — ‘On failure of sons, the nearest Sapiṇḍa takes the property; failing him, the preceptor; failing him the pupil, who may use it for the teacher’s benefit or enjoy it himself; or the daughter may take the property; on the failure of all relations, let the King take the property.’

Gautama (28.21). — ‘Sapiṇḍas, Sagotras, those connected by descent from the same Ṛṣi, and the wife shall share the estate of a person dying without male issue (or an Appointed Daughter).’

Do. (28.41, 42). — ‘Śrotriyas shall divide the estate of a childless Brāhmaṇa; — the King shall take the property of the other castes.’

Baudhāyana (1.11.9-15). — ‘The great-grand-father, the grand-father, the father, one’s own-self, the uterine brothers, the son by a wife of equal caste, the grand-son and the great-grand-son, — these they call Sapiṇḍas; and amongst these, the son and the son’s son (together with the father) are sharers of an undivided oblation; sharers of divided oblations, they call Sakulyas. If no other relations are living, the property of the deceased man descends to his Sapiṇḍas; on the failure of Sapiṇḍas, the Sakulyas inherit; on the failure of these, the preceptor who takes the place of the spiritual father, a pupil or an officiating priest shall take the property; on failure of these, the King, who shall give that property to persons versed in the three Vedas; but the King shall never take the property of the Brāhmaṇa.’

Vaśiṣṭha (17.81-84). — ‘The Sapiṇḍas or the subsidiary sons shall divide the property of him who has no son of the first six kinds; on failure of them, the preceptor and the pupil shall take the property; on failure of these two, the King inherits; but the King shall never take the property of a Brāhmaṇa.’

Viṣṇu (17.10-14). — ‘Failing brother’s sons, the property goes to the relations called Bandhu; failing these, to those called Sakulya; failing these, to a fellow-student; failing him, to the King, except when it is Brāhmaṇa’s property; — the property of the Brāhmaṇas goes to Brāhmaṇas.’

Yājñavalkya (2. 135-130). — ‘The wife, daughters, parents, brothers, brother’s sons, Sagotṛa, Bandhu — relations, pupils, fellow-students, — from among these in the absence of the preceding, the succeeding inherits the property of the man who dies without male issue. This is the law for all castes.’ Nārada (Aparārka,p. 715). — ‘Inthe absence of daughters, the property goes to Sakulyas and Bāndhuvas, and then to people of the same caste; and failing all these, to the King. In the absence of all relations, the holy Brāhmaṇas learned in the Vedas inherit the property; the property of the Brāhmaṇa shall not be taken by the King; of men of other castes, the property shall be taken by the King.’

Paiṭhīnasi (Aparārka, p. 716). — ‘The property of the learned Brāhmaṇa goes to the Assembly, not to the King.’

 

 

VERSE 9.187

Section XXIV - Inheritance

 

अनन्तरः सपिण्डाद् यस्तस्य तस्य धनं भवेत् ।
अत ऊर्ध्वं सकुल्यः स्यादाचार्यः शिष्य एव वा ॥१८७॥

anantaraḥ sapiṇḍād yastasya tasya dhanaṃ bhavet |
ata ūrdhvaṃ sakulyaḥ syādācāryaḥ śiṣya eva vā ||187||

 

The property shall always devolve upon him who is nearest to the (deceased) ‘Sapiṇḍa’; after these either a ‘Sakulya’; or the Spiritual Preceptor, or the pupil. — (187)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

‘Sapiṇḍāt’. — “In the text the word is masculine. Kullūka begins by taking it generally as masculine or feminine, then, after giving the law of inheritance for the sons, he begins by taking the wife as the first female inheritor, quotes seven verses of Bṛhaspati and Vṛddha Manu, and also Yājñvalkya (2.135-136) to prove the statement; and ends by giving a list of female sapiṇḍas, after denouncing Medhātithi, because he denies the wife the right of sharing the inheritance”. — Hopkins.

Rāghavānanda agrees, in substance, with Kullūka; but in order to make the rule still more fully agree with Yājñavalkya (2. 35-136), he asserts that the cognates (Bandhus) are also implied by the term ‘sakulya’. — According to Nandana, the ‘sakulyas’ are Samānadakas.

The first half of this verse is quoted in Mitākṣarā (2.136), as lending support to the view that among brothers, the first claim is that of the uterine one, those born of other mothers being a step further removed; — in Aparārka (p. 744) to the effect that the nearer sapiṇḍa has the prior claim, — ‘nearness’ having been described under 186.

It is quoted in Vivādaratnākara (p. 592), which adds the following notes: — ‘Anantaraḥ’, near, — ‘dhanam’, of the man without son, — ‘sakulya’ here stands for Samānadaka; — in Vyavahāramayūkha (p. 63), in support of the view that the claim of the sister comes next to that of the grandmother (paternal); — in Smṛtitattva II (p. 195), which explains the meaning to be that ‘from among the Sapiṇḍas of the dead man, the nearest will inherit his property’; — in Dāyakramasaṅgraha (pp. 10 and 28); — in Nṛsiṃhaprasāda (Vyavahāra, p. 40b); — in Vyavahāra-Bālambhaṭṭī (pp. 570 and 662); — in Vivādacintāmaṇi (Calcutta, p. 154); — and by Jīmūtavāhana (Dāyabhāga, p. 332), which, explains ‘sakulya’ as ‘beyond the Sapiṇḍa’, and also as ‘the descendant of great-great-grandfather’.

 

Comparative notes by various authors:

(verses 9.186-189)

[See Text under 185.]

See Comparative notes for Verse 9.186.

 

 

VERSE 9.188

Section XXIV - Inheritance

 

सर्वेषामप्यभावे तु ब्राह्मणा रिक्थभागिनः ।
त्रैविद्याः शुचयो दान्तास्तथा धर्मो न हीयते ॥१८८॥

sarveṣāmapyabhāve tu brāhmaṇā rikthabhāginaḥ |
traividyāḥ śucayo dāntāstathā dharmo na hīyate ||188||

 

But, on the failure of all, the property shall be taken by Brāhmaṇas, learned in the Vedas, pure and self-controlled; in this manner the law would not be violated. — (188)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

‘Sarveṣām’ — ‘Of all the heirs mentioned in the preceding verse’ (Rāghavānada); — ‘of all males and females related in any way to the deceased’ (Nandana); — the term indicates that other persons, not named here, such as fellow-students and so forth, are also entitled to the inheritance (Kullūka).

“Nārāyaṇa points out that this rule refers solely to the property of a Brāhmaṇa”. — Buhler.

This verse is quoted in Madanapārijāta (p. 675), which says that it refers to any Brāhmaṇa neighbour of the deceased; — in Mitākṣarā (2.136), to the effect that on the failure of blood-relations, a fellow-student, and a learned Brāhmaṇa, the property shall go to any ordinary Brāhmaṇa; — in Vyavahāra-Bālambhaṭṭī (p. 665); — in Dāyakramasaṅgraha (p. 12); — and by Jīmūtavāhana (Dāyabhāga, p. 333).

It is quoted in Vivādaratnākara (p. 597); — and in Parāśaramādhava (Vyavahāra, p. 354), which makes the same remark as Mitākṣarā.

 

Comparative notes by various authors:

(verses 9.186-189)

[See Text under 185.]

See Comparative notes for Verse 9.186.

 

 

VERSE 9.189

Section XXIV - Inheritance

 

अहार्यं ब्राह्मणद्रव्यं राज्ञा नित्यमिति स्थितिः ।
इतरेषां तु वर्णानां सर्वाभावे हरेन्नृपः ॥१८९॥

ahāryaṃ brāhmaṇadravyaṃ rājñā nityamiti sthitiḥ |
itareṣāṃ tu varṇānāṃ sarvābhāve harennṛpaḥ ||189||

 

The property of the Brāhmaṇa shoved never be taken by the King, — such is the law; but in the case of other castes, the king shall take the property, in the absence of all heirs. — (189)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Mitākṣavā (2.136), which remarks that this only means that the king shall not take the Brāhmaṇa’s property, and not that even a son may not inherit the Brāhmaṇa’s property; — again, to the effect that no part of the Brāhmaṇa’s estate shall be an escheat to the king.

It is quoted in Madanapārijāta (p. 675), to the effect that the property of the Kṣatriya caste, in the absence of legal heirs, shall go to the king, and not to the Brāhmaṇa; — in Vivādaratnākara (p. 597); — in Parāśaramādhava (Vyavahāra, p. 355) to the effect that on the failure of legal heirs, the Brāhmaṇa’s property shall never go to the king, while that of the other castes shall go to the king; — in Dāyakramasaṅgraha (p. 12); — in Nṛsiṃhaprasāda (Vyavahāra, p. 41a); — and by Jīmūtavāhana (Dāyabhāga, p. 338).

 

Comparative notes by various authors:

(verses 9.186-189)

[See Text under 185.]

See Comparative notes for Verse 9.186.

 

 

VERSE 9.190

Section XXIV - Inheritance

 

संस्थितस्यानपत्यस्य सगोत्रात् पुत्रमाहरेत् ।
तत्र यद् रिक्थजातं स्यात् तत् तस्मिन् प्रतिपादयेत् ॥१९०॥

saṃsthitasyānapatyasya sagotrāt putramāharet |
tatra yad rikthajātaṃ syāt tat tasmin pratipādayet ||190||

 

In the case of a man dying childless, if an issue is raised from a member of the same family, all the property that there may be shall be delivered to that child. — (190)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

According to Kullūka and Rāghavānanda, this verse refers to the case in which a duly authorised widow bears a son to her husband through a sagotra; and the former adds that this practice having been already sanctioned under verse 59, it is mentioned here again with a view to make it clear that the son may be obtained by the widow, not only “from the younger brother-in-law or a Sapiṇḍa”, but also from a remoter sagotra. — Nārāyaṇa holds the meaning of this verse to be that the son that the widow bears, even without authorisation, to a sagotra, shall inherit the property of the husband of that widow. He adds that some people apply this rule to Śūdra females only.

This verse is quoted in Vivādaratnākara (p. 589), which adds the following notes: — The widow of a deceased person should bear a son from a ‘sagotra’ — i.e. either from the younger brother-in-law or a sapiṇḍa — should make over the property owned by her dead husband to that son, and she should not take it herself; such is the opinion of the Pārijāta; — the author of the Prakāśa on the other hand holds the meaning to be that the king himself should make the widow bear a son through a sagotra, and hand over to him the father’s property; — the final result of both the explanations is the same.

It is quoted in Aparārka (p. 742), which explains ‘tasmai’ (which is its reading for ‘tasmin’) as ‘to that child’; — and in Vyavahāra-Bālambhaṭṭī (p. 758).

 

Comparative notes by various authors:

[See texts under 59, 145 and 146.]

 

 

VERSE 9.191

Section XXIV - Inheritance

 

द्वौ तु यौ विवदेयातां द्वाभ्यां जातौ स्त्रिया धने ।
तयोर्यद् यस्य पित्र्यं स्यात् तत् स गृह्णीत नैतरः ॥१९१॥

dvau tu yau vivadeyātāṃ dvābhyāṃ jātau striyā dhane |
tayoryad yasya pitryaṃ syāt tat sa gṛhṇīta naitaraḥ ||191||

 

But if two sons, born of two men, contend for the property in the mother’s possession, each shall take, to the exclusion of the other, what belonged to his own father. — (191)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

Kullūka and Nandana take this verse as referring to the case in which a woman married twice successively two husbands and bore a son to each of them; in this case, on the death of the husbands, the property of each should be given by the mother to his own son. — Rāghavānanda, while accepting this explanation, proposes another: — ‘If two sons begotten by two different men contend for the separate property of their mother, &c., &c.’. — Nārāyaṇa holds that the verse refers to a contention between a ‘body-born’ son and a ‘golaka’ or ‘Paunarbhava’ son for the estates of their respective fathers held by their mother.

This verse is quoted in Vivādaratnākara (p. 588), which notes that the term ‘strī’, according to the Pārijāta, stands for the prostitute, the re-married widow or the dissolute woman; — and in Vyavahāra-Bālambhaṭṭī (pp. 483 and 758).

 

Comparative notes by various authors:

[See texts under 59, 145 and 146.]

 

 

VERSE 9.192

Section XXIV - Inheritance

 

जनन्यां संस्थितायां तु समं सर्वे सहोदराः ।
भजेरन् मातृकं रिक्थं भगिन्यश्च सनाभयः ॥१९२॥

jananyāṃ saṃsthitāyāṃ tu samaṃ sarve sahodarāḥ |
bhajeran mātṛkaṃ rikthaṃ bhaginyaśca sanābhayaḥ ||192||

 

When the mother has died, all the uterine brothers and uterine sisters shall divide the mother’s property equally. — (192)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

According to Kullūka and Rāghavānanda, this rule applies to unmarried daughters only, the married daughters receiving only a fourth of a brother’s share (see 118 above). — Nārāyaṇa holds that ‘mātrikam riktham’ refers to property other than the ‘strīdhana’, and qualifies the ‘sisters’ as ‘without son’.

This verse is quoted in Madanapārijāta (p. 667), which adds the following notes: — The meaning of the verse is that the mother’s estate is to go (1) to her own daughters, (2) on their absence to her daughter’s sons, (3) in the absence of these latter to her own sons, not to the sons of her cowives, (4) in the absence of her sons, to the sons of her own son; — the expression ‘samam sarve sahodarāḥ’ is meant to preclude the brothers born of different mothers; — the sons of co-wives being entitled to inherit only in default of the woman’s own sons (or grandsons).

It is quoted in Mitākṣarā (2.145), as asserting the title of both sons and daughters to the estate of their mother; it explains the construction as — ‘Mātṛkam riktham sarve sahodarāḥ samam bhajeran sanābhayo bhaginyaśca samam bhajeran’; — it does not mean that the ‘sons and daughters together shall divide the property equally’; if this were the meaning then the words used would have been ‘bhrātṛbhagiyaḥ’ or ‘bhrāṭaraḥ’; — the term samam is meant to preclude the special additional share’ (of the eldest brother), and ‘sahodarāḥ’ to preclude the brothers born of other mothers: — The Bālambhaṭṭī reproduces the remarks noted above from the Madanapārijāta, attributing it to the Kalpataru.

It is quoted in Aparārka (p. 721), which remarks that the particle ‘ca’ (‘bhaginyaśca’) denotes option, not combination; and in the option, the first title is of the unmarried daughters; — in Vivādaratnākara (p. 515), which adds the following notes — ‘Samam’, without any additional share being allotted to the eldest, — ‘bhaginyaḥ’, those that are unmarried and those that have had no children, — ‘Sanābhayaḥ’, uterine; — in Vyavahāramayūkha (p. 70), which states the opinion of ‘some’ that the verse lays down the conjoint title of brothers and sisters to such property of their mother as she had received as presents from her husband; — in Vivādacintāmaṇi (Calcutta, pp. 125 and 142), which explains ‘samam’ as ‘not in unequal shares’, — Sanābhayaḥ’ as ‘uterine’, and notes that this refers to unmarried sisters only, — in Nityācārapaddhati (p. 296); — in Vīramitrodaya (Vyavahāra 216a), which says that the sense is that all uterine brothers and sisters are entitled to equal shares in the mother’s property, — and all half brothers and sisters are excluded; — and by Jīmūtavāhana (Dāyabhāga, p. 126), which has the same note.

 

Comparative notes by various authors:

(verses 9.192-193)

[See 131 and the texts there under. Also 198.]

Yājñavalkya (2.117). — ‘Of the mother’s property, what remains after paying off her debts, shall be taken by the daughters, and in their absence, by their offspring.’

Kātyāyana (Aparārka, p. 721). — ‘In the absence of daughters, the mother’s property should go to the sons. What had been given to the woman by her kinsmen shall, in the absence of kinsmen, go to her husband. The strīdhana shall be divided among her daughters with their husbands and her kinsmen.’

Gautama (Do.). — ‘The strīdhana of a woman goes to those of her daughters who are not married or settled in life.’

Bṛhaspati (Aparārka, p. 721). — ‘The strīdhana of a woman goes to her children; her daughter also has a share in it, if she is unmarried; if she is married, she obtains some honorific trifle.’

Vaśiṣṭha (Do.). — ‘The girls shall divide the mother’s dowry.’

Arthaśāstra (p. 13). — ‘The second dowry, the female child will inherit.’

 

 

VERSE 9.193

Section XXIV - Inheritance

 

यास्तासां स्युर्दुहितरस्तासामपि यथार्हतः ।
मातामह्या धनात् किं चित् प्रदेयं प्रीतिपूर्वकम् ॥१९३॥

yāstāsāṃ syurduhitarastāsāmapi yathārhataḥ |
mātāmahyā dhanāt kiṃ cit pradeyaṃ prītipūrvakam ||193||

 

Even to the daughters of those daughters something shall be lovingly given, as is quite proper, out of the property of their maternal grandmother. — (193)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

The grand-daughters should be unmarried (Kullūka); — ‘when the married daughters are dead, their daughters shall be presented at will by their maternal uncles with the share which their mothers would have received as a token of respect’ (Nārāyaṇa); — ‘Prītipūrvakam’ means ‘at the pleasure of the sons’ (Rāghavānanda); — the gift to the grand-daughters is absolutely compulsory (Nandana).

This verse is quoted in Madanapārijāta (p. 666) which explains ‘tāsām’ as ‘of the daughters of the deceased lady’; — in Aparārka (p. 722); — in Vivādaratnākara (p. 516), which adds the following notes: — ‘Tāsām’, of the daughters mentioned in the preceding verse, — ‘yathāṃśataḥ’, according as the property is large or small; — in Vyavahāramayūkha (p. 71) as laying down that some part of the woman’s property should be given to her grand-daughters; — in Vivādacintāmaṇi (Calcutta, p. 142); — and in Vīramitrodaya (Vyavahāra 216b), which explains ‘yathārhataḥ’ as ‘in consideration of their poverty and other circumstances’.

 

Comparative notes by various authors:

(verses 9.192-193)

[See 131 and the texts there under. Also 198.]

See Comparative notes for Verse 9.192.

 

 

VERSE 9.194 [Strīdhana (property of the wife)]

Section XXV - Strīdhana (property of the wife)

 

अध्यग्न्यध्यावाहनिकं दत्तं च प्रीतिकर्मणि ।
भ्रातृमातृपितृप्राप्तं षड् विधं स्त्रीधनं स्मृतम् ॥१९४॥

adhyagnyadhyāvāhanikaṃ dattaṃ ca prītikarmaṇi |
bhrātṛmātṛpitṛprāptaṃ ṣaḍ vidhaṃ strīdhanaṃ smṛtam ||194||

 

(1) What is given before the fire, (2) what is given at the time of departure, (3) what is given in token of love, and what is received from (4) the brother, (5) the mother and (6) the father, — has been declared to be ‘Strīdhana’ (the exclusive property of the woman). — (194)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 368), which notes that the term ‘six-fold’ is meant to preclude a lesser, not a larger, number; — in Mitākṣarā (2.135-136), as setting aside the view that women have no rights to property except through their husband or son Bālambhaṭṭī explaining ‘adhyagni’ as that obtained near the fire at the marriage ceremony, — ‘adhyāvāhanikam’ as that obtained at the time of her coming to her husband’s place; — It is quoted again under 2.143, where it is noted that the six kinds mentioned are meant only as denying a lesser number; it goes on to quote Kātyāyana as explaining each of these terms: — ‘(1)That which is given to the girl at the time of marriage near the fire is called adhyagni, — (2) what she receives at the time of being carried away from her father’s house is called adhyāvāhanika, — (3) what she receives as a loving present from her father-in-law or mother-in-law at the time of offering obeisance is called prītidatta, — (4) (5) (6) whatever the married girl receives from her husband or from her parents or brothers is called Saudāyika.’

It is quoted in Vivādaratnākara (p. 522), which offers the following explanations: — ‘Adhyagni’, what is given by anyone at the time of marriage, — ‘adhyāvāhanika’, whatever is carried behind her when she is being carried away from her father’s house, — Medhātithi however holds that adhyāvāhanika is what she receives from her parents-in-law at the time of returning to her father’s place; and this view also maybe accepted; — ‘prititaḥ dattam’, what she receives from the father-in-law and other elders as a reward for her character, efficiency and other good qualities; — the mention of ‘six kinds’ is for the purpose of precluding a lesser, not a larger, number; in fact a seventh kind, ‘ādhivedanīka’ — what she receives by way of compensation for being superseded by another — has also been mentioned by Yājñavalkya.

It is quoted in Vyavahāramayūkha (p. 68), which also remarks that the ‘six’ are mentioned only for the purpose of denying a lesser number; — and in Hemādri (Dāna, p. 51), which explains ‘adhyagni’ as ‘what is given to the woman before the fire’, — ‘adhyāvāhanikam’ as ‘given to her by her father and relatives at the time of her marriage,’ — ‘prītikarmaṇi’, ‘given by the husband as a token of conjugal love’ — and — ‘prāptam’ as given to her, even after her marriage, by her brother and others.’

 

Comparative notes by various authors:

(verses 9.194-195)

Viṣṇu (17.18). — ‘What has been given to a woman by her father, mother, sons, or brothers, what she has received before the sacrificial fire at the marriage ceremony, what she receives on supersession, what has been given to her by her relatives, her nuptial fee, and a gift subsequent, are called strīdhana.’

Yājñavalkya (2.143). — ‘What is given to a woman by her father, mother, son or brother, — what is given before the nuptial fire, and what comes to her in connection with her supersession has been called strīdhana.’

Kātyāyana (Aparārka, p. 751). — ‘What is given to a woman near the nuptial fire by gentlemen is called Adhyagni strīdhana. What the woman obtains at the time of her being taken away from her father’s house is called the Adhyāvāhanika strīdhana. What is given to her, through affection, by her father in-law or mother-in-law, at the time of her bowing to them, is called Lāvaṇyārjita. What is obtained by a married woman or her husband at her father’s house, either from her parents or her brother, is called Saudāyika. Over the Saudāyika, the ownership of the woman is absolute and she is free to sell it or given it away, even when it consists of immovable property. What the woman obtains, after marriage, from her husband’s family, or from her husband’s parents, is called Anvādheya by Bhṛgu. While she is alive, neither her husband nor her sons nor her brother-in-law nor her husband’s kinsmen, have any rights over her strīdhana; if they take it from her they should he punished.’

Vṛddha-Vyāsa (Aparārka, p. 752). — ‘Whatever the girl obtains, at marriage or after marriage, from her father’s or brother’s house, is called Saudāyika. At the marriage of the girl whatever is given with reference to the bridegroom forms the property of the girl, not to be divided by her kinsmen.’

Nārada (Do., p. 752). — ‘What is given to her, through love, by her husband, that she shall enjoy as site chooses, even after his death, with the exception of immovable property.’

Do. (Vivādaratnākara, p. 524). — ‘Adhyagni, Adhyāvāhanika, Bhartṛdāya (inherited from her husband), what is given by her brother and what is given by her mother and what is given by her father, — these are the six kinds of strīdhana.’

Śukranīti (4.5.597). — ‘The Saudāyika property is known to be that which comes to a married woman through gifts and dowries, from her parents’ or husband’s families, or through presents from parents and relatives.’

Pāraskara (Parāśaramādhava, Vyavahāra, p. 372). — ‘The strīdhana belongs to the unmarried daughter; the son cannot have it; if the daughter has been married, the son shall share it equally with her.’

(See the texts under 192-193.)

Kātyāyana (Vivādaratnākara, p. 573). — ‘Neither the husband, nor the son, nor the father, nor the brothers have the right to take away or to spend a woman’s strīdhana; if any one of them takes away the strīdhana forcibly, he should be made to make it good along with interest, and should also pay a fine; if any one makes use of it with her permission, and in a manner agreeable to her, he should repay it, if he has the wealth to do it. Whatever the woman may have lovingly given to any of the above relations during his sickness or when he was in trouble or harassed by creditors, — that also he may voluntarily repay.’

 

 

VERSE 9.195

Section XXV - Strīdhana (property of the wife)

 

अन्वाधेयं च यद् दत्तं पत्या प्रीतेन चैव यत् ।
पत्यौ जीवति वृत्तायाः प्रजायास्तद् धनं भवेत् ॥१९५॥

anvādheyaṃ ca yad dattaṃ patyā prītena caiva yat |
patyau jīvati vṛttāyāḥ prajāyāstad dhanaṃ bhavet ||195||

 

Also the gift that is subsequently made to her by her loving husband, shall go to her offspring, if she dies while her husband is living. — (195)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

According to Nārāyaṇa and Kullūka what is said here refers also to the ‘strīdhana’ described under 194.

This verse is quoted in Vivādaratnākara (p. 516), which adds the following notes: — ‘Anvādheyam’ is going to be defined later on, — Halāyudha holds that this verse is meant to show that the husband has no connection with the two kinds of property here mentioned, over which the married woman has absolute right, even during her husband’s life-time.

It is quoted in Vyavahāramayūkha (p. 70) as laying down the persons who are to inherit the ‘anvādheya’ property of a woman; — in Vyavahāra-Bālambhaṭṭī (pp. 755 and 759); — and in Vīramitrodaya (Vyavahāra 216b), which explains the force of the locative in ‘patyau jīvati’ to express disregard, the meaning being that the husband has no lights over tìie property, — and adds that all brothers and sisters (married as well as unmarried) are equally entitled.

 

Comparative notes by various authors:

(verses 9.194-195)

See Comparative notes for Verse 9.194.

 

 

VERSE 9.196-197

Section XXV - Strīdhana (property of the wife)

 

ब्राह्मदैवार्षगान्धर्वप्राजापत्येषु यद् वसु ।
अप्रजायामतीतायां भर्तुरेव तदिष्यते ॥१९६॥

यत् त्वस्याः स्याद् धनं दत्तं विवाहेष्वासुरादिषु ।
अप्रजायामतीतायां मातापित्रोस्तदिष्यते ॥१९७॥

brāhmadaivārṣagāndharvaprājāpatyeṣu yad vasu |
aprajāyāmatītāyāṃ bhartureva tadiṣyate ||196||

yat tvasyāḥ syād dhanaṃ dattaṃ vivāheṣvāsurādiṣu |
aprajāyāmatītāyāṃ mātāpitrostadiṣyate ||197||

 

It is ordained that the property of women married by the ‘Brāhma,’ the ‘Daiva,’ the ‘Ārṣa,’ the ‘Gāndharva,’ or the ‘Prājāpatya’ form, shall go to her husband alone, if she dies childless. — (196)

But the property given to a woman on the ‘Āsura’ or other (inferior) forms of marriage, has been held to belong to her parents, upon her dying childless. — (197)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

(verses 9.196-197)

‘Vasu’ — includes, according to Nārāyaṇa, all kinds of property, ‘strīdhana’ as well as what is not ‘strīdhana’.

These verses are quoted in Parāśaramādhava (Vyavahāra, p. 373), which explains the meaning to be that on the death of a woman married by any of the forms of marriage here named, without leaving any heir — beginning from the daughter down to the son’s son, — her property goes to her husband, and not to her mother or other relations, — while the property of an heirless woman, who has been married by the Āsura, Rākṣasa or Paiśāca forms, goes to her parents.

They are quoted in Aparārka (p. 753), which remarks that the devolution of the property on the husband should be regarded as an optional alternative; it apparently takes ‘āsurādiṣu’ of verse 191 as including all those mentioned under 196.

They are quoted in Vivādaratnākara (p. 519), which explains ‘aprajasi’ as ‘childless’; and the verses to mean that (a) in the case of those married by the forms of marriage mentioned in 196, the property goes to the husband, and (b) in that of those married by the forms mentioned in 197, it goes to her father; — it goes on to remark that this refers to what the woman had received at the time of marriage.

They are quoted in Vyavahāramayūkha (p. 72); — in Smṛtitattva II (p. 186), which explains the meaning to be that the ‘strīdhana’ obtained at the time of the marriage under the forms mentioned in 196 goes to the husband, while that obtained at the time of marriage under the forms mentioned in 197 goes first to her mother, and in her absence to her father; — in Vyavahāra-Bālambhaṭṭī (p. 756); — in Dāyākramasaṅgraha (p. 23); — in Vivādacintāmaṇi (Culcutta, p. 143), which explains ‘aprajāyām’ as ‘childless’; and by Jīmūtavāhana (Dāyabhāga, p. 141).

Verse 197 is quoted in Vīramitrodaya (Vyavahāra 219a), which says that the ‘mother’ being placed first in the compound implies that the father is to inherit the property only after the mother.

 

Comparative notes by various authors:

(verses 9.196-197)

Viṣṇu (17, 19.20). — ‘If a woman, married according to one of the first four forms of marriage beginning with Brāhma, dies without issue, her strīdhana goes to her husband; — if she has been married by one of the four reprehensible forms of marriage, her father shall take her property.’

Yājñavalkya (2.141-145). — ‘If a woman dies without issue, her kinsmen shall obtain what she had got from her kinsmen, or as her nuptial fee or as the Anvādheyaka present; if a woman married according to the four forms of marriage beginning with the Brāhma, dies without issue, her property goes to her husband; if she had issue, it goes to her daughters; — if she had been married by the other forms of marriage, her property goes to her father.’

Nārada (Vivādaratnākara, p. 518). — ‘In the absence of the daughter, the Strīdhana of the mother should go to the sons; what was given to her by her kinsmen should go to her husband, in the absence of kinsmen. The sisters along with their husbands shall divide with the kinsmen, the strīdhana. Such is the lawful law of partition.’

 

 

VERSE 9.198

Section XXV - Strīdhana (property of the wife)

 

स्त्रियां तु यद् भवेद् वित्तं पित्रा दत्तं कथं चन ।
ब्राह्मणी तद् हरेत् कन्या तदपत्यस्य वा भवेत् ॥१९८॥

striyāṃ tu yad bhaved vittaṃ pitrā dattaṃ kathaṃ cana |
brāhmaṇī tad haret kanyā tadapatyasya vā bhavet ||198||

 

The property that may have been given to a woman by her father shall be taken by the daughter of the Brāhamaṇa-caste; or it shall belong to the child of that daughter. — (198)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 667), which makes the following remarks: — The term ‘strī’ here stands for the step-mother and ‘kanyā’ for the stepdaughter, — ‘Brāhmaṇī’ stands for higher caste in general, so that the property of a śūdra step-mother will go to the daughter of her Brāhmaṇī or Kṣatriya or Vaiśya co-wife, that of the Vaiśya step-mother will go to the daughter of Brāhmaṇī or Kṣatriya co-wife, and that of the Kṣatriya step-mother to the daughter of the Brāhmaṇī co-wife, — inasmuch as the present texṭ makes the property inheritable by the step-daughter of a higher caste, it follows that step-daughters of the lower caste are not entitled to inherit the property of the step-mother of a higher caste, so long as this latter has a son.

It is quoted in Parāśaramādhava (Vyavahāra, p. 372), to the effect that, when a woman dies childless, her property goes to the daughter of that co-wife of hers who is of a higher caste, and in the absence of such a daughter to the children of that daughter.

It is quoted in Smṛtitattva II (p. 186), which has the following notes: — In view of the qualification ‘given by the father’, the rule must be taken as referring to all that she receives from her father at other times than that of her marriage; — the term ‘Brāhmaṇī Kanyā’ stands for daughter in general; — or the meaning may be that if a Kṣatriya or Vaiśya woman dies childless, her property goes to her step-daughter born of her Brāhmaṇī co-wife, and not to her huśand.

It is quoted in Mitākṣarā (2.145) to the effect that on the death of a childless woman her property goes to her stepdaughter born of a co-wife of the higher caste, and in the absence of such a daughter, to the child of that daughter. It adds that the term ‘Brāhmaṇi’ stands for the higher caste; so that the property of a childless Vaiśya woman goes to the daughter of her Kṣatriya co-wife. The Bālambhaṭṭī adds that the property goes to the step-daughter, not to the step-son; and it goes on to reproduce the exact words of Madanapārijāta and of Parāśaramādhva. It remarks that this rule is meant to be an exception to what has gone before, by which the property of the childless woman would go to her husband or brother, etc.; — further, that the term ‘kathañcana’ is meant to include property even other than that received from her father.

It is quoted in Vyavahāramayūkha (p. 71), which adds that ‘vā’ here stands for ‘ca’; so that the property is to be divided between the step-daughter and the step-daughter’s child; — it has been held that the term ‘Brāhmaṇī’ stands for equal and higheṛ castes; but we find no authority for this.

It is quoted in Aparārka (p. 721), which adds the following notes: — ‘Pitrā’, this is mentioned only by way of illustration; — ‘Kanyā’, step-daughter; — again on p. 753; — and in Dāyakramasaṅgraha (p. 26).

 

Comparative notes by various authors:

Mahābhārata (13.47.25).

 

 

VERSE 9.199

Section XXV - Strīdhana (property of the wife)

 

न निर्हारं स्त्रियः कुर्युः कुटुम्बाद् बहुमध्यगात् ।
स्वकादपि च वित्ताद् हि स्वस्य भर्तुरनाज्ञया ॥१९९॥

na nirhāraṃ striyaḥ kuryuḥ kuṭumbād bahumadhyagāt |
svakādapi ca vittād hi svasya bharturanājñayā ||199||

 

Women shall never make a hoard out of the family-property common to many, nor out of their own property, without the husband’s permission. — (199)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

“Kullūka and Rāghavānanda take the first clause to refer to the property of a united family, and the second to the separate property of the husband. — But according to Nārāyaṇa and Nandana the translation should be as follows: — ‘Wives should never take anything (for their private expenses) from their husband’s property destined for the support of their families, over which many have a claim, nor from their own property which is not strīdhana, without the consent of their husbands’.” — Buhler.

This verse is quoted in Vivādaratnākara (p. 509), which adds the following notes: — The term ‘Kuṭumba’ stands for the family-property; hence the meaning is that ‘out of the property that belongs to many persons, women shall not make an extraction, withdrawal, without the consent of the owners of that property’; similarly ‘svakāt’ — i.e., out of the property that belongs exclusively to her husband, and not to the other members of the family, — she shall not make an extraction without the owner’s consent.

It is quoted in Vyavahāramayūkha (p. 69), which explains ‘nirhāra’ as expenditure; — and in Vīramitrodaya (Vyavahāra 215a), which explains ‘nirhāra’ as ‘vyaya’.

 

Comparative notes by various authors:

Mahābhārata (13.47.24).

Kātyāyana (Vivādaratnākara, p. 511). — ‘After her husband’s death, what the wife inherits from him she may use as she likes; but during his life-time, she shall save that property or spend it on the family.’

 

 

VERSE 9.200

Section XXV - Strīdhana (property of the wife)

 

पत्यौ जीवति यः स्त्रीभिरलङ्कारो धृतो भवेत् ।
न तं भजेरन् दायादा भजमानाः पतन्ति ते ॥२००॥

patyau jīvati yaḥ strībhiralaṅkāro dhṛto bhavet |
na taṃ bhajeran dāyādā bhajamānāḥ patanti te ||200||

 

The ornament worn by the woman during her husband’s life-time, her heirs shall not divide; if they divide it, they become outcasts. — (200)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

Buhler mispresents Nandana, being misled by the wrong reading ‘bhartṛbhāve’ (while the husband lives) for ‘bhartrabhāve’ (on the death of the husband). There could be no division of the property by the heirs while the husband was alive.

This verse is quoted in Madanapārijāta (p. 686), which adds that ‘Dhṛtam’ means ‘possessed as her own private property, having been given to her as a loving present’; — and in Vyavahāramayūkha (p. 70), which explains ‘dhṛtam’ as ‘presented to her by her husband or other relatives and worn by her.’

It is quoted in Mitākṣarā (2.147) in support of the view that ‘if a woman has been living apart from her husband, her property shall not be taken by her heirs’; — in Vivādaratnākara (p. 509), which notes that the Prakāśa has stated that Medhātithi has explained the meaning to be that ‘the heirs shall not take even those ornaments that may have been worn by the woman with her husband’s consent, even though not actually given to her’; — in Aparārka (p. 752), which adds that this refers to such ornaments as have been worn by the woman constantly; — in Smṛtitattva II (p. 184), which also reproduces the aforesaid remark of Medhātithi, that an ornament worn by the woman with her husband’s consent becomes her property even though not actually given to her; — in Smṛtisāroddhāra (p. 332), which says that the phrase ‘dhṛto bhavet’ implies that what was not actually worn by her should be divided.

 

Comparative notes by various authors:

Viṣṇu (17.22). — ‘Ornaments worn by women during their husband’s life-time, the heirs shall not divide among themselves; if they divide them, they become outcasts.’

Āpastamba (Vivādaratnākara, p. 509) — ‘The ornaments belong to the wife.’

Śaṅkha-Likhita (Do., p. 495). — ‘When the property has been divided by the heirs, the ornaments and the nuptial presents of the mother shall be taken by her daughter.’

Baudhāyana (Do.). — ‘The mother’s ornaments, as also other formal presents made to the mother, the daughter shall take.’

 

 

VERSE 9.201 [Disqualifications to Inheritance]

Section XXVI - Disqualifications to Inheritance

 

अनंशौ क्लीबपतितौ जात्यन्धबधिरौ तथा ।
उन्मत्तजडमूकाश्च ये च के चिन्निरिन्द्रियाः ॥२०१॥

anaṃśau klībapatitau jātyandhabadhirau tathā |
unmattajaḍamūkāśca ye ca ke cinnirindriyāḥ ||201||

 

Eunuchs and outcasts, those born blind or deaf, idiots and the dumb, as well as those deficient in any organ, are entitled to no shares. — (201)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva II (p. 385), as enumerating persons not entitled to inheritance, and hence to the offering of funeral oblations; — in Parāśaramādhava (Vyavahāra, p. 201, and again on p. 366), where ‘nirindriyāḥ’ is explained as ‘whose organs have become deficient through some disease’; — in Mitākṣarā, (2.140), which has the following notes; — ‘Nirindriya’ is one whose organs have disappeared by reason of some disease; — these persons are debarred from inheritance, being entitled to mere subsistence and clothing; if they are not supported, his relations become degraded. The Bālambhaṭṭī adds the following explanations: — ‘Jātyandha-badhirāḥ’ are those who are blind and deaf by birth, — ‘mūka’ is one who is incapable from birth of uttering words, — thus are these two distinguished from ‘nirindriya,’ which means those who have lost some organ as the result of disease.

It is quoted in Vivādaratnākara, (p. 487), which adds the following notes: — The term ‘jāti’ is added with a view to denote incurability, — ‘jaḍa,’ one who is incapable of distinguishing what is his own and what belongs to others, — ‘nirindriyāḥ’ includes the lame and the like, who are not entitled to the performance of śrauta and smārta rites; — and in Dāyakramasaṅgraha, (p. 29).

It is quoted in Vyavahāramayūkha, (p. 73), which explains ‘nirindriyāḥ’ as devoid of the olfactory and other organs; — in Vīramitrodaya (Rājanīti, p. 40), which explains ‘nirindriya’ as one who has lost his organs through disease; — and in Madanapārijāta, (p. 682), which has the same explanation of ‘nirindriya’ and adds that all these men have no share in the property, but they have to he supported.

 

Comparative notes by various authors:

(verses 9.201-202)

Gautama (18.43). — ‘An idiot and a eunuch should he supported.’

Do. (Vivādaratnākara, p. 486). — ‘According to some, even the son born of the wife of equal caste should not receive inheritance if she is addicted to unrighteousness.’

Baudhāyana (2.3.37-40) — ‘Granting food, clothes and shelter, they shall support those who are incapable of transacting business; viz., the blind, the idiot, those immersed in vice, the incurable invalid, and the like; — as also those who are neglectful of their duties and occupations; — but not the outcast or his offspring.’

Āpastamba (2.14.1). — ‘He should, during his life-time, divide his property equally amongst his sons, — excepting the eunuch, the insane and the outcast.’

Do. (Vivādaratnākara, p. 486) — ‘All who are endowed with righteousness are inheritors of property; if one uses wealth unrighteously, him the father shall disinherit, even if he be the eldest son.’

Vaśiṣṭha (17.52-54). — ‘But those who have entered a different order receive no share; — nor those who are eunuchs, insane or outcasts; — the eunuch and the insane have a claim to maintenance.’

Viṣṇu (15.32-33). — ‘Outcasts, eunuchs, persons incurably diseased, and those deficient in organs of sense or action, do not receive a share; — but they should be maintained by those who take the inheritance.’

Yājñavalkya (2.140). — ‘The eunuch, the outcast, the son of the outcast, the cripple, the insane, the idiot, the blind and one suffering from an incurable disease have no share in the property; but they should be maintained.’

Nārada (Aparārka, p. 749). — ‘One who harbours ill-will towards his father, the outcast, the eunuch and one who has committed one of the minor offences, should not receive any share, even when they are body-born sons; — what to say of those that are only Kṣetraja sons?’

Do. (Vivādaratnākara, p. 489). — Those suffering from chronic or incurable diseases, the idiot, the insane, the blind and the cripple should be supported by the family; but their sons are entitled to shares in the property.’

Kātyāyana (Do., p. 750). — ‘One born of a wife married irregularly, one begotten by a Sagotra husband, and one who has gone away as a renunciate, do not inherit property.’

Śaṅkha-Likhita (Vivādaratnākara, p. 486). — ‘One who has been excommunicated ceases to have any claims to inheritance or the funeral offering of food and water.’

Bṛhaspati (Do., p. 487). — ‘Even though a son may have been born from a wife of equal caste, yet he cannot inherit property if he is devoid of good qualities.’

Devala (Do., p. 489). — ‘On the father’s death, the eunuch, the leper, the insane, the idiot, the blind, the outcast, the outcast’s child and the religious hypocrite, do not share in the inheritance; but food and clothing are given to all these, except the outcast. The sons of these however, if they are free from defects, should receive their share in the property.’

 

 

VERSE 9.202

Section XXVI - Disqualifications to Inheritance

 

सर्वेषामपि तु न्याय्यं दातुं शक्त्या मनीषिणा ।
ग्रासाच्छादनमत्यन्तं पतितो ह्यददद् भवेत् ॥२०२॥

sarveṣāmapi tu nyāyyaṃ dātuṃ śaktyā manīṣiṇā |
grāsācchādanamatyantaṃ patito hyadadad bhavet ||202||

 

But it is fair that the wise man shall give even to all these food and clothing to the best of his ability; if he does not give it at all, he becomes an outcast. — (202)

 

Medhātithi’s commentary (manubhāṣya):

‘All these’ — Eunuchs and the rest.

‘At all’ — throughout life.

‘Food and clothing’ — being necessary for the keeping of the body; it is implied that he should provide enough to enable them to engage the necessary servants and other attendants; specially because in the case of the blind and the rest, living would be impossible without a servant. Those again for whom marriage is permitted, the provision made should include that for their wives also.

‘To the best of his ability’ — the food and clothing provided shall be in accordance with the man’s own wealth.

‘Outcast’ — this is purely declamatory. — (202)

 

Explanatory notes by Ganganath Jha:

‘Atyantam’ — ‘For life’ (Medhātithi and Kullūka); — ‘at all’ (taken with ‘adadat’, ‘not giving’) [Nārāyaṇa].

This verse is quoted in Mitākṣarā, (2.140) to the effect that if the persons mentioned in the preceding verse are not properly maintained the persons responsible become ‘degraded,’ — ‘atyantam’ means ‘for life’; it goes on to add that these persons are debarred from inheritance only if they are found to have the said disqualifications before the division of the patrimony, — not after the partition has taken place; and that if the said disqualifications are subsequently removed by medication, they get their share in the property. It concludes by saying that the said disqualifications are applicable in the case of women also.

It is quoted in Vivādaratnākara, (p. 487), which adds the following notes: — ‘Sarveṣām,’ of the eunuch and the rest, — ‘atyantam,’ for life; — in Vyavahāramayūkha, (p. 73), to the effect that those who are not entitled to inheritance are yet entitled to maintenance throughout life; — in Parāśaramādhava, (Vyavahāra, p. 366), which explains ‘atyantam’ as ‘for life’ — in Madanapārijāta, (p. 682), which adds the following notes: — ‘Sarveṣām,’ those not entitled to inheritance, — ‘atyantam,’ for life; — the said disqualifications are effective bars only if found before partition, not if they are found after partition, or if they are cured by medication, or if the necessary expiatory rites are duly performed; — in Vyavahāra-Bālambhaṭṭī, (p. 349 and 575); — and in Vīramitrodaya, (Vyavahāra, 221b).

 

Comparative notes by various authors:

(verses 9.201-202)

See Comparative notes for Verse 9.201.

 

 

VERSE 9.203

Section XXVI - Disqualifications to Inheritance

 

यद्यर्थिता तु दारैः स्यात् क्लीबादीनां कथं चन ।
तेषामुत्पन्नतन्तूनामपत्यं दायमर्हति ॥२०३॥

yadyarthitā tu dāraiḥ syāt klībādīnāṃ kathaṃ cana |
teṣāmutpannatantūnāmapatyaṃ dāyamarhati ||203||

 

If the eunuch and the rest should somehow happen to have longing for a wife, the child of such of them as have issue is entitled to inheritance. — (203)

 

Medhātithi’s commentary (manubhāṣya):

‘Longing’ — desire to meet, with a view to sexual intercourse. When there is such longing, the man shall marry. And if there is issue from the marriage, the ‘child’ — whether a son or a daughter — ‘is entitled to inheritance’ — to. a share in the property.

The share to which a daughter is entitled has already been explained.

“In the case of the eunuch of the ‘airy’ (infructuous) ‘semen,’ the desire for sexual intercourse is there; but, how could he have any ‘issue’?”

It has already been declared above (167) that — ‘if a son is born to the wife of a dead man, a eunuch, an invalid, etc.’ (which shows that such men can have a ‘soil-born’ son, and this is possible only if they have wives).

Or, the verse may be taken as indicating that in the case of such men, marriage could only he prompted by lust. If marriage wore prompted entirely by religious motives, how could there be any marriage for the men mentioned, being as they are not entitled to the performance of any religious rites? Then again, the person born blind, the lame, and the eunuch of the ‘airy semen,’ have been declared to be fit for the Initiatory Ceremony; the lunatics and others of that kind however are not fit for that ceremony; how then can there be any marriage in the ease of those latter?

‘And the rest’ — stands for only those already mentioned above (i.e., the invalid, etc); but if the phrase ‘and the rest’ were taken as including all, then the ‘outcast’ also would become included, which, bring contrary to Law, would be undesirable.

Or, the present rule may be taken as referring to the case where the man becomes insane or otherwise disabled, after he has been ‘initiated’ and ‘married.’

“But the clause ‘if they happen to have, longing for a wife’ — could not apply to the ease of those who are already married.”

Not so; ‘longing for a wife’ (which has been explained as meaning desire for sexual intercourse) is quite possible in the case of married men.

The older writers have found in the present rule something that is usefully applicable to the case of also such marriages as are contracted for purely religious purpose?. So that for the eunuch also, — who is entitled to the performance of such rites as are prescribed by Smṛtis — it is only right that there be marriage, even in the absence of sexual desire. As for the rites prescribed in Śrutis, it is only one who has already got a son that is entitled to the ‘laying of fire’ (which is a necessary accompaniment for those rites); so that the eunuch can never be entitled to them. And it has been already explained what really prompts the marriage in such cases. — (203)

 

Explanatory notes by Ganganath Jha:

‘Kathañcana’. — This indicates that the eunuch and the rest are not worthy to marry (Kullūka).

‘Apatyam’. — The Kṣetraja son (Kullūka, Rāghavānanda and Nandana).

This verse is quoted in Vivādaratnākara (p. 488), which explains ‘tantu’ as child; — in Aparārka (p. 750), to the effect that marriage is legal for the persons enumerated in 201; it remarks that in view of the epithet ‘jāti’, ‘born’, in the term ‘jātyandha’, the present verse cannot be taken as referring to cases where the disabilities appear after marriage; it comes to the conclusion that the disability to inheritance cannot thus be due to their not marrying and hence not being able to perform religious rites; it must be due to the mere authoritative assertion of the law.

It is quoted in Vīramitrodaya (Saṃskāra, p. 195) as indicating that the marriage of the said persons is sanctioned.

 

Comparative notes by various authors:

[See Texts under 201-202.]

Gautama (28.44). — ‘The male offspring of the idiot receives his father’s share.’

Viṣṇu (15.34-38). — ‘Of the idiot and the rest the legitimate sons receive a share; — but not the children of an outcast, — provided they are born after the commission of the act that rendered the parents outcasts.’

Yājñavalkya (2.141). — ‘Of the eunuch and the rest, the Body-born and the Kṣetraja sons, if they are free from defects, are entitled to shares; and their daughters should be maintained till they are made over to their husbands.’

Vaśiṣṭha (Aparāka, p. 751). — ‘One born of the outcast is an outcast, except the female child.’

Nārada (Vivādaratnākara, p. 419). — ‘The sons of these are entitled to shares.’

Kātyāyana (Do., p, 491). — ‘The son of a wife married irregularly is entitled to inheritance when he belongs to the same caste as his father; so also is the son born of a regularly married wife, even though she may have been of a different caste; but the son of a woman married in the reverse order is not entitled to a share; to him his kinsmen should give food and clothing.’

 

 

VERSE 9.204 [Property of Brothers, and their Mutual Relationship]

Section XXVII - Property of Brothers, and their Mutual Relationship

 

यत् किं चित् पितरि प्रेते धनं ज्येष्ठोऽधिगच्छति ।
भागो यवीयसां तत्र यदि विद्यानुपालिनः ॥२०४॥

yat kiṃ cit pitari prete dhanaṃ jyeṣṭho'dhigacchati |
bhāgo yavīyasāṃ tatra yadi vidyānupālinaḥ ||204||

 

Whatever property the eldest brother acquires after the death of the father, a share of that shall belong to the younger brothers, if they are devoted to learning. — (204)

 

Medhātithi’s commentary (manubhāṣya):

If the eldest brother acquires more properly, either through some hereditary friend, or from the king or his ministers or his priests, or out of the farm, by the employment of special methods, — such property shall be common to all the brothers; and the eldest brother shall not entertain any such notion as that — ‘this property, which was not acquired by our father, has been acquired by me, through my own efforts, and hence it is mine only.’

‘Devoted to learning’; — this shows that the rule here laid down pertains to mechanics, artisans and others who subsist by learning; such as physicians, dancers, musicians and so forth — (204)

 

Explanatory notes by Ganganath Jha:

This refers to a united family — as rightly remarked by Kullūka.

This verse is quoted in Vivādaratnākara (p. 507), which explains the meaning to be that, if after the death of the father, the eldest brother should happen to acquire some property by means of exceptional learning or such other means, in that property the acquirer shall have two shares, and each of the younger brothers one share, if they are devoted to study.

It is quoted in Mitākṣarā (2.118), which notes the explanation of the verse as that ‘on the death of the father, or even during the father’s life-time, if any brother, eldest, youngest or the middle one, happen to die, his shares are to go to the other brothers, and that, the implication is that wealth obtained from friends and so forth is partible’, — and then goes on to criticise it as unwarranted, and concludes that the verse sets forth an exception to the general rule that property acquired by each brother separately is impartible.

It is quoted by Jīmūtavāhana (Dāyabhāga, p. 192), which adds that the younger brothers are as much entitled to inherit the property of the eldest brother as that of the father, — but with this difference that the father’s property they inherit even when they are not learned, but to the brother’s property only those are entitled who are learned.

 

Comparative notes by various authors:

(verses 9.204-208)

Gautama (28.30 31). — ‘What a learned co-parcener has acquired by his own efforts, he may, at his pleasure, withhold from his unlearned co-parceners. Unlearned co-parceners shall divide their acquisitions equally.’

Yājñavalkya (2.116, 118-119). — ‘If one is able to support himself and does not desire a share in the father’s property, he shall be separated after having been given some little trifle; the law is that the division, equal or unequal, should be exactly as the father makes it. — If among co-parceners some one has, by himself acquired some property, without detriment to the paternal property, — and if he has obtained friendly or nuptial gifts, — all such property shall not go to the co-parceners. If the ancestral property had been taken away by strangers, and subsequently one of the co-parceners recovers it, he shall not give it to the other co-parceners; similarly whatever one may have gained by learning.’

Mahābhārata (13.105.11.)

Viṣṇu (18.42). — (Same as Manu 208.)

Ṛṣyaśṛṅga (Aparārka, p. 724). — If one of the co-parceners recovers the landed property previously lost, the other co-parceners shall receive their share of it, after having given the fourth part of it to the recoverer.’

Kātyāyana (Do.). — ‘If some one, living upon food given by a stranger, has acquired learning, and by means of learning thus acquired, he acquires some property, that property is what is called the gain of learning; and such property is not divided; what one obtains from a pupil, or from officiating at sacrifices, or by answering doubtful questions, or by putting questions, or by expounding his own knowledge or by teaching — this also is called the gain of learning; such property is not to be divided, etc., etc., etc. The learned shall not give to the unlearned any part of what he has gained by learning, but they shall give a share to those who are superior, or even equal to them in learning.’

Kātyāyana (Vivādaratnākara, p. 507). — ‘Those who acquired learning in the family itself, either from their father or from their brothers, — if such persons acquire property by their learning or by bravery, that shall be divided — says Bṛhaspati.’

Vyāsa (Aparārka, p. 725). — ‘What is acquired by learning or by bravery, or as a present in marriage, — all this shall not be sought after by co-parceners at the time of partition.’

Vyāsa (Vivādaratnākara, p. 510). — ‘What was given to one by the grandfather or the father as a loving gift, as also what was given by the mother, should not be taken away from him.’

Do. (Do., p. 502). — ‘The property that one has acquired by his own effort, without drawing upon the paternal property, — as also what he has gained by his learning, — all this he shall not give to his co-parceners.’

Nārada (Do.). — ‘The learned shall not give to the unlearned any part of his gain of learning, unless he wishes to do so; provided that he had acquired those gains without employing any part of the paternal property for that purpose. The brother who supports the family of the brother while the latter is acquiring learning, should, even though he be unlearned, obtain some share of the property acquired by that learned brother. (Then it reproduces Manu 204.)’

Do. (Vivādaratnākara, p. 501). — ‘The property acquired by bravery, or inherited from one’s wife, or that acquired by learning, — these are declared to be not liable to division; so also what may have been given by the father as a loving gift, or what the mother may have given through love, out of her own property.’

Do. (Do., p. 508). — ‘In a joint family whatever conveyances or weapons one member acquires through bravery and such qualities, in that the brothers also shall have shares ; i.e., the acquirer shall have two shares and the rest, one share each.’

Śaṅkha-Likhita (Do., p. 503). — ‘There shall be no division of the dwelling-house, of water-vessels, of ornaments, of such women and clothes as have been used, and of water-drains, — so says Prajāpati.’

Gautama (Do., p. 508). — ‘Among brothers living in the joint family, what the learned acquires by learning — the unlearned also shall divide equally.’

Vaśiṣṭha (Do.). — ‘Those who may have specially worked to acquire the property shall receive two shares.’

Brhaṣpati (25.77-78). — ‘If among re-united co-parceners, anyone should acquire property through learning, valour, or other independent effort of his own, a double share must be given to him; the rest shall take equal shares. Whatever has been given to one by the paternal grandfather, or the father, or the mother, all that shall not be taken from him; he shall keep likewise the property acquired by valour, and also the wealth of his wife.’

 

 

VERSE 9.205

Section XXVII - Property of Brothers, and their Mutual Relationship

 

अविद्यानां तु सर्वेषामीहातश्चेद् धनं भवेत् ?? ।
समस्तत्र विभागः स्यादपित्र्य इति धारणा ॥२०५॥

avidyānāṃ tu sarveṣāmīhātaśced dhanaṃ bhavet ?? |
samastatra vibhāgaḥ syādapitrya iti dhāraṇā ||205||

 

But if all of them are unlearned, and the property is acquired by their labour, — the division in that case shall be equal, the property being not ancestral. such is the settled rule. — (205)

 

Medhātithi’s commentary (manubhāṣya):

‘Unlearned’ — i.e., devoted to agriculture, trade, service of the king and so forth.

In this case no intention is to be paid to the larger or smaller amount of property acquired by them. But even so, if some one of them happens to acquire a very large property, that of course is not to be divided among others.

This verse is in reality meant to be prohibitive of the ‘preferential share’ of the eldest, brother.

If the difference in the properties acquired by them is small, the shares shall be equal.

‘The property being not ancestral’; — the addition of this reason clearly indicates that this same rule applies also to the ease of the property of a childless person. — (205)

 

Explanatory notes by Ganganath Jha:

‘Apitrye’. — This is construed by Nandana as apitryaḥ in the sense ‘since the division has not been made by the father’; — this rule refers to acquisitions by trade (Medhātithi, Kullūka and Nārāyaṇa), by agriculture (Medhātithi, Kullūka and Nandana), or service of the king (Medhātithi).

This verse is quoted in Vivādaratnākara (p. 507), which explains the meaning to be as follows: — In a case where all the brothers are unlearned, if they acquire wealth, this wealth, which is not inherited from the father, is to be divided equally among them, and there is not to be any additional share to any one on the ground of any additional amount of work that he may have done.

It is quoted in Vyavahāramayūkha (p. 57), which has the following notes: — ‘Īhā,’ agriculture and the rest, — ‘apitrye,’ which does not form part of the ancestral property.

It is quoted in Aparārka (p. 727); — and in Vivādacintāmaṇi (Calcutta, p. 137), which explains ‘īhā’ as ‘agriculture and the rest,’ — and ‘samaḥ’ as ‘not unequal,’ which precludes the special share of 20 per cent.

 

Comparative notes by various authors:

(verses 9.204-208)

See Comparative notes for Verse 9.204.

 

 

VERSE 9.206

Section XXVII - Property of Brothers, and their Mutual Relationship

 

विद्याधनं तु यद्यस्य तत् तस्यैव धनं भवेत् ।
मैत्र्यमोद्वाहिकं चैव माधुपर्किकमेव च ॥२०६॥

vidyādhanaṃ tu yadyasya tat tasyaiva dhanaṃ bhavet |
maitryamodvāhikaṃ caiva mādhuparkikameva ca ||206||

 

The gains of learning shall be the sole property of the man by whom they have been acquired; as also friendly presents, marriage. — presents, and presents received in connection with the ‘honey — mixture.’ — (206)

 

Medhātithi’s commentary (manubhāṣya):

‘Learning’ — teaching, etc., as also proficiency in an art.

‘Friendly presents’ — Presents received from friends.

‘Marriage — presents’ — in the shape of dowry and the like.

‘In connection with the honey-mixture’ — i.e., in consideration of priestly functions. Though this also is a ‘gain of learning,’ yet it has been mentioned separately, because it is obtained by means of the special kind of work of officiating at sacrifices.

‘Marriage — presents’ — stand for all that is received from the father-in-law’s house. Others explain it to mean any presents that are made to one in connection with his marriage. — (206)

 

Explanatory notes by Ganganath Jha:

“Instances in which land was given as Vidyādhana occur in the inscriptions, see, e.g. Indian Antiquary XII, p. 195b, l. 6.” — Buhler.

‘Audvāhikam’ — Nandana is misrepresented by Buhler; he says nothing about ‘strīdhana’ here. — ‘What is received at one’s marriage from the bride’s relatives’ (Medhātithi and Nārāyaṇa), — or ‘from anybody’ (Medhātithi, ‘others’).

‘Mādhuparkikam’. — ‘Fee given for a sacrificial per formance’ (Medhātithi); — ‘any present, e.g., a silver vase, received along with the Honey-mixture’ (Kullūka, Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 499), which adds the following notes: — ‘Vidyādhana’ and ‘audvāhika’ are going to be described later on, — ‘Maitra’ is what isobtained from a friend, — ‘Mādhuparkikam’ is what is obtained as a mark of respect at the time of the offering of the Honey-mixture, — ‘tasyaiva bhavet’ should be impartible; — in Dāyakramasaṅgraha (p. 35); — and in Vyavahāra-Bālambhaṭṭī (p. 476).

It is quoted in Vyavahāramayūkha (p. 55); — in Aparārka (p. 724), to the effect that what one has acquired entirely by his learning he shall not give to his co-sharers; — in Vivādacintāmaṇi (Calcutta, p. 135), which explains ‘maitram’ as ‘what has been obtained as a friendly present’; — and ‘Mādhuparkikam’ as the arhaṇā offerings received at the time of Madhuparka-offering; — and by Jīmūtavāhana (Dāyabhāga, pp. 168 and 179).

 

Comparative notes by various authors:

(verses 9.204-208)

See Comparative notes for Verse 9.204.

 

 

VERSE 9.207

Section XXVII - Property of Brothers, and their Mutual Relationship

 

भ्रातॄणां यस्तु नैहेत धनं शक्तः स्वकर्मणा ।
स निर्भाज्यः स्वकादंशात् किं चिद् दत्त्वोपजीवनम् ॥२०७॥

bhrātṝṇāṃ yastu naiheta dhanaṃ śaktaḥ svakarmaṇā |
sa nirbhājyaḥ svakādaṃśāt kiṃ cid dattvopajīvanam ||207||

 

Among brothers, if any one, being quite competent through his own profession, does not desire the property, he shall be debarred from his share, after a little has been given to him by way of maintenance. — (207)

 

Medhātithi’s commentary (manubhāṣya):

When several brothers are living together, and jointly manage their ancestral properly by cultivation and other means, if any one of them does not help in the management, — it is the debarring of such a brother that is declared here.

‘He shall be debarred’ — set aside — ‘from his share’ in the nett profits of the estate. These profits shall not he given to the said brother; he however is not to be debarred from the main ancestral estate. But the profits also shall not be wholly taken away from him; a part of his share of the profits shall be taken by the others, in exchange for their own labour, and the remainder shall he given to him ‘by way of maintenance.’

Or ‘nirbhājyaḥ’ may mean ‘shall he separated,’ ‘not allowed to live jointly.’ Because, it is just possible that after some time ho may acquire more property and become entitled to an equal share (?) In such a case what the allotment of shares shall be has been indicated by Nārada, whose declaration shows that the man is to have a larger share in the property named, and only a small share in what is not. so named. (?) — (207)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 720), which explains ‘Svakād aṃśāt’ as ‘from the property acquired by the brothers’; — in Smṛtitattva II (p. 171), in the sense that one, who, by reason of his own capacity (to earn) is not desirous of any share in the ancestral property, shall be given some such tiling as a seer of rice, and be separated from the family, as a safeguard against trouble arising from his sons and descendants; — and by Jīmūtavāhana (Dāyabhāga, p. 110).

 

Comparative notes by various authors:

(verses 9.204-208)

See Comparative notes for Verse 9.204.

 

 

VERSE 9.208

Section XXVII - Property of Brothers, and their Mutual Relationship

 

अनुपघ्नन् पितृद्रव्यं श्रमेण यदुपार्जितम् ।
स्वयमीहितलब्धं तन्नाकामो दातुमर्हति ॥२०८॥

anupaghnan pitṛdravyaṃ śrameṇa yadupārjitam |
svayamīhitalabdhaṃ tannākāmo dātumarhati ||208||

 

If one of them acquires something by his own effort, without interfering with the patrimony, — that property, being acquired by his own labour, he need not give to others, unless he himself wishes it. — (208)

 

Medhātithi’s commentary (manubhāṣya):

It has been already declared that a man need not give what he acquires by his learning; this verse lays down that he need not give what he himself acquires by agriculture and other means.

“This verse alone would have been enough:‘the man need not give, unless he wishes it, what he acquires by his own labour’; what was the need for the other verse making special mention of the ‘gains of learning’?

The answer to this is that there is no individual‘effort’ or ‘labour’ involved is the case of‘friendly presents,’ ‘marriage presents,’ and the like; hence it was necessary to have a distinct verse referring to these. — (208)

 

Explanatory notes by Ganganath Jha:

‘Īhitalabdham’. — ‘Obtained by such labour as agriculture and the like’ (Medhātithi, Kullūka and Nandana); — or ‘by any occupation entailing trouble’ (Nārāyaṇa).

‘Anupaghnan’. — ‘Without using’ (Nandana); — ‘without living upon (Rāghavānanda); — ‘without detriment to’ (Kullūka).

Nandana says that the rule given in this verse may be reconciled with that given in 205 by assuming that the latter presupposes that all brothers exert themselves according to their ability. — Buhler.

This verse is quoted in Mitākṣarā (2.118), which explains ‘Śrameṇa’ as ‘by service, by fighting and so forth’; — and it reads the second line totally differently, the meaning of which is ‘that shall not be given to the co-sharers, norwhat is gained by learning’. — The Bālambhaṭṭī adds that ‘anupaghnan’ is to be construed as ‘anupaghnatā.’

It is quoted in Aparārka (p. 723), which explains ‘śrama’ as ‘soldiering, agriculture and so forth;’ — and ‘īhā’ as ‘work without much labour’; — in Vivādaratnākara (p. 501); — in Parāśaramādhava (Vyavahāra, p. 377), which explains ‘śrama’ as ‘agriculture and so forth’ and notes that ‘pitṛdravyam’ here means ‘undivided property’; — in Madanapārijāta (p. 685), which explains ‘śrameṇa’ as ‘by service, soldiering and so forth’; — by Jīmūtavāhana (Dāyabhāga, p. 178); — and in Vīramitrodaya (Vyavahāra 220b), which explains ‘śrameṇa’ as ‘by service and other means.’

 

Comparative notes by various authors:

(verses 9.204-208)

See Comparative notes for Verse 9.204.

 

 

VERSE 9.209

Section XXVII - Property of Brothers, and their Mutual Relationship

 

पैतृकं तु पिता द्रव्यमनवाप्तं यदाप्नुयात् ।
न तत् पुत्रैर्भजेत् सार्धमकामः स्वयमर्जितम् ॥२०९॥

paitṛkaṃ tu pitā dravyamanavāptaṃ yadāpnuyāt |
na tat putrairbhajet sārdhamakāmaḥ svayamarjitam ||209||

 

If the father recovers a lost ancestral property, he shall not, unless he so wishes, share it with his sons, — being, as it is his self-acquired property. — (209)

 

Medhātithi’s commentary (manubhāṣya):

If in addition to what he has inherited, the father recovers such ancestral property as had become lost, he shall not, unless he wishes it, share it with his sons, even after these latter have attained their majority.

“But what would he the occasion for partition among sons while the father is still alive?”

The answer to this is that such an occasion would arise when the father himself proceeds to make the division among his sons. This is what has been thus declared (by Gautama, 28.2) — ‘When their mother has ceased to menstruate, and when the father, though living, desires it, the sons shall divide the property’; — and again ‘When the father has ceased to have any longings, and when he has ceased to have intercourse with his wife’ (Nārada 13.3).

As a matter of fact, if there were no such restrictions, the son would become entitled to their grandfather’s property as soon as they were born; as it has been declared that — ‘over the property movable or immovable, that has been left by the grandfather, both the father and the son have the same right.’ Having this right, all the sons are entitled to equal shares in their grandfather’s property; since shares only follow the right.

The father, after the birth of his son, shall not invest his ancestral property in mortgages or purchases; but using it for the proper maintenance of his family however has been permitted. In actual practice, even though, under the circumstances, the sons have a right over the ancestral property, yet from the deprecatory assertion — ‘the sone (son/one?) who divide the property against their father’s wish are to be deprecated’ — it follows that the sons who force the partition on their father incur a sin. Such as even though one may acquire property by receiving constant gifts, yet the act of acquiring such property is blameworthy. Similarly, even though the property (thus shared with the unwilling father) is the hereditary property of the sons, yet it is open to censure. For this reason, so long as they have any other means, the sons should never ask their father for a partition; as such asking would be immoral.

As a matter of fact, even in the case of the father’s self-acquired property, he himself divides it among his sons as soon as they have attained their majority and he finds them duly qualified. It has also been declared that — ‘when the father has reached old age, he shall himself divide the property among his sons, allotting to the eldest a preferential share, and equal shares to the rest,’ (Nārada, 13.4). This, however, does not apply to the property that may have boon left by the grandfather; because, out of that, the father has no power to allot any ‘preferential share’ — the right of both parties over it being equal.

As for the declaration — ‘unequal division has been declared to be legal, when made by the father’ (Yājñavalkya, 2.116), — this has been taken to apply to a certain extent to the grandfather’s property also. In a case where there are no two full shares, there would be an exception, in the case of self-acquired property. (?) — (209)

 

Explanatory notes by Ganganath Jha:

This verse has been taken by Nārāyaṇa to imply that ancestral property may be divided by the sons even during the life-time of the father, even though the latter may be unwilling.

This verse is quoted in Mitākṣarā (2.121), which explains the meaning as follows: — “If a property was acquired by the grandfather, but taken away by some one else and not redeemed during his life-time, when such property has been redeemed by the father (the grandfather’s son), this is as good as ‘self-acquired’ by the father, and hence the father may not divide this with his sons, unless he is himself willing to do so”; and it takes this to imply that in the case of other kinds of ancestral property the sons may force partition on the father. — The Bālambhaṭṭī adds that ‘svārjitam’ being explained as ‘as good as self-acquired’, the explanation of it given by ‘Medhātithi — as ‘acquired by his own learning &c.’ — becomes unacceptable.

It is quoted in Vivādaratnākara (p. 461), which adds the following notes: — ‘Paitṛkam’, ancestral — ‘anavāpyam’ (which is its reading for ‘anavāptam’), which is hard to be recovered by the father; such property being ‘self-acquired’ by the father, he shall not divide it with his sons, except when he is quite willing.

It is quoted in Parāśaramādhava (Vyavahāra, p. 339), which has the same explanation as Mitākṣarā; — in Dāyatattva (p. 9); — in Nṛsiṃhaprasāda (Vyavahāra 35a); — in Vivādacintāmaṇi (Calcutta, p. 126), to the effect that in regard to the property acquired by the father, independently of his ancestral property, sons have no voice, he himself being the sole disposer of it; — in Vīramitrodaya (Vyavahāra 177b), which explains ‘svayamārjitam’, (1) as ‘svayamarjitamiva’, ‘it is as if it were his self-acquired property’; and (2) as giving the reason for the law laid down, ‘since,’ ‘it is his self-acquired property’; — and says that ‘akāmaḥ’ implies that if the father so wishes, he may divide the property among his sons; — and by Jīmūtavāhana (Dāyabhāga, p. 201).

 

Comparative notes by various authors:

Viṣṇu (18.43). — ‘If a man recovers a property which could not before be recovered by his father, he shall not, unless by his own free will, divide it with his sons; as it is an acquisition made by himself.’

Yājñavalkya (2.119). — ‘If one recovers an ancestral property that had been taken away by others, he shall not give it to his co-parceners; nor what he has acquired by his learning.’

Ṛṣyaśṛṅga (Aparārka, p. 724). — ‘If one of the co-parceners recovers landed property that had been lost, the other co-parceners also shall have shares in it, alter making over to him a fourth part as his special share.’

Bṛhaspati (Parāśaramādhava-Vyavahāra, p. 339). — ‘If a property that belonged to the grandfather but became lost, is recovered by the father by his own effort, or what is acquired by him by his valour or learning, — over that property the father’s right is absolute.’

Kātyāyana (Do.). — ‘What had become lost, — if that is recovered by the father through his own effort, — all that the father cannot he forced to share with his sons.’

 

 

VERSE 9.210

Section XXVII - Property of Brothers, and their Mutual Relationship

 

विभक्ताः सह जीवन्तो विभजेरन् पुनर्यदि ।
समस्तत्र विभागः स्याज् ज्यैष्ठ्यं तत्र न विद्यते ॥२१०॥

vibhaktāḥ saha jīvanto vibhajeran punaryadi |
samastatra vibhāgaḥ syāj jyaiṣṭhyaṃ tatra na vidyate ||210||

 

If brothers, living together, after having divided once, happen to make a second partition, the division in that case shall be equal; in such cases there is no ‘primogeniture.’ — (210)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of the verse is quite clear. It is meant to forbid the ‘preferential share’ which would appear to be the standing rule in connection with all partition; specially in view of what has been said above (205) regarding ‘the property being not acquired by the father’(205). It is only out of all kinds of property acquired by the father that there is to be a ‘preferential share.’ In the present case, however, the property might in a sense be regarded as ‘acquired by the father,’ and hence, the possibility of the ‘preferential share,’ — which, therefore, has had to be expressly denied. — (210)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2.139); — in Madanapārijāta (p. 678), to the effect that in the case noted there is no unequal division; — in Aparārka (p. 748), which adds that this prohibits only that unequal division, which is in the form of additional shares for the eldest brother, — and not other kinds of unequal division; so that each brother obtains, on partition, that part of the property which was his when they entered into joint life.

It is quoted in Vivādaratnākara (p. 601), which adds the following notes: — ‘Saha jīvantaḥ’, living after joining together, — ‘samastatra vibhāgaḥ’, i.e., there is to be no additional share for the eldest, and so forth.

It is quoted in Vyavahāramayūkha (p. 65), which mentions two opinions — one, is that which has been set forth in Aparārka, and another that there is to be absolutely equal division all round; — in Nṛsiṃhaprasāda (Vyavahāra, p. 41b); — by Jīmūtavāhana (Dāyabhāga, p. 342), which says that the equal partition is meant for brothers of the same caste as the father; — and in Vīramitrodaya (Vyavahāra 210a), which explains the implication of the last clause to be that there is no unequal division due to seniority, but there is unequal division on other grounds.

 

Comparative notes by various authors:

Viṣṇu (18.41). — ‘If brothers, who after a previous division of the estate, live again together as parceners, should make a second partition, the shares must be equal in that case; and the eldest has no right to an additional share.’

Yājñavalkya (2.120). — ‘When a property has been acquired by several brothers in common, it shall be shared equally by all.’

Bṛhaspati (25.73). — ‘When brothers formerly divided are again living together through affection, and arrange a second partition, the right of primogeniture does not accrue in that case.’

 

 

VERSE 9.211

Section XXVII - Property of Brothers, and their Mutual Relationship

 

येषां ज्येष्ठः कनिष्ठो वा हीयेतांशप्रदानतः ।
म्रियेतान्यतरो वाऽपि तस्य भागो न लुप्यते ॥२११॥

yeṣāṃ jyeṣṭhaḥ kaniṣṭho vā hīyetāṃśapradānataḥ |
mriyetānyataro vā'pi tasya bhāgo na lupyate ||211||

 

If the eldest or the youngest of the brothers should be deprived of his shares, — or if either of them dies, — his share does not become lost. — (211)

 

Medhātithi’s commentary (manubhāṣya):

If among the brothers, ‘the eldest or the youngest’ brother ‘should be deprived of his share’ — by being found to be debarred on account of having become an out-east or stone such disability, — or ‘if he dies’ — ‘his share does not become lost’; — how this share shall be disposed of is explained in the following verse. — (211)

 

Explanatory notes by Ganganath Jha:

‘Hīyetāṃśapradānataḥ,’ — ‘On account of having become an outcast and so forth’ (Medhātithi), — ‘by becoming an ascetic’ (Kullūka and Nandana), — ‘by having emigrated’ (Nandana), — ‘by becoming an eunuch after the first partition’ (Nārāyaṇa).

‘Bhāgo na lupyate.’ — ‘His share must not be divided by his co-parceners among themselves’ (Nārāyaṇa); ‘the disposal of his share is prescribed in the next verse’ (Medhātithi, Rāghavānanda).

This verse is quoted in Mitākṣarā (2. 139), which explains the meaning as follows: — ‘among united brothers, if, at the time of partition, one — either the eldest or the middle or the youngest — should happen to be disqualified from receiving his share — either by entering another stage of life or by committing such heinous sins as the killing of a Brāhmaṇa, or if he happen to die, — then his share is not lost, i. e., it has to be set aside, and not divided among his co-parceners’.

It is quoted in Madanapārijāta (p. 678), which adds the same explanation as Mitākṣarā; but as grounds of disqualification, it mentions ‘entering of another life-stage or becoming an outcast’; it adds that the next verse lays down what is to be done with the share thus set aside.

It is quoted in Aparārka (p. 749), which explains ‘amṣhapradāna’ as partition; and points out that ‘hīyate’ means disqualification by reason of ‘renunciation’, ‘becoming an outcast’ and so forth; his share however is not lost, does not disappear, — it has to be determined and disposed of as laid down in the next verse.

It is quoted in Vivādaratnākara (p. 601), which explains as follows: — ‘Hence among united brothers, if anyone should take to renunciation, or by some such cause become deprived of his share, or should happen to die, his share does not disappear’; — and in Dāyatattva (p. 55).

It is quoted in Vyavahāramayūkha (p. 67), which explains ‘hīyate’ as ‘by reason of entering another state or becoming an outcast — and in Parāśaramādhava (Vyavahāra, p. 362), which adds the following explanation: — ‘Among united brothers, who are sons of different mothers, if any one, — either the eldest or the middle or the youngest — should be deprived of his share at the time of partition — by reason of his having gone to a foreign country and such other causes — his share does not disappear; it has to be set aside, and not divided among the co-parceners.’

 

Comparative notes by various authors:

(verses 9.211-212)

Viṣṇu (17.17). — ‘A re-united co-parcener shall take the share of his re-united co-parcener who has died without issue; and a uterine brother that of his uterine brother; and they shall give the shares of their deceased co-parceners and uterine brothers to the sons of the latter.’

Yājñavalkya (2.138). — ‘Between two re-united co-parceners, if one should die, the other shall take his share; hut in the event of a posthumous son being born to the former, the living co-parcener shall make over the dead father’s share to that son. Similarly in the case of two re-united uterine brothers.’

Bṛhaspati (25.74-76). — ‘When anyone brother should die, or anyhow renounce worldly interests, his share is not lost; it is allotted to his uterine brother. If there be a sister, she is entitled to a share of his property. This is the law regarding the property of one destitute of issue, and who has left no wife or father. When two co-parceners have again become united, they shall mutually inherit their property.’

Śaṅkha (Vivādaratnākara, p. 603). — ‘Among brothers, if anyone, without issue, should renounce the world, or die, — the remaining brothers shall divide among themselves all his property, except the strīdhana.’

Kātyāyana (Do., p. 605). — ‘The shares of re-united co-parceners shall be taken by re-united co-parceners; those of brothers living separately by those living separately; — in both cases, if there is no wife or other heir.’

 

 

VERSE 9.212

Section XXVII - Property of Brothers, and their Mutual Relationship

 

सोदर्या विभजेरंस्तं समेत्य सहिताः समम् ।
भ्रातरो ये च संसृष्टा भगिन्यश्च सनाभयः ॥२१२॥

sodaryā vibhajeraṃstaṃ sametya sahitāḥ samam |
bhrātaro ye ca saṃsṛṣṭā bhaginyaśca sanābhayaḥ ||212||

 

His uterine brothers, coming together, shall divide it equally; as also the united brothers and consanguineous sisters. — (212)

 

Medhātithi’s commentary (manubhāṣya):

The property shall be taken by those ‘uterine brothers’ who may have been ‘united’ with him in property; — also ‘consanguineous sisters’ — i.e., those that are unmarried; it is only these that are called ‘consanguineous, sanābhi’ (which is the term used in the text); those that are married go over to the ‘family’ of their husbands, and hence no longer remain ‘consanguineous’ to their brothers.

‘And those brothers that are united’. — The particle ‘ca,’ ‘and,’ includes the ‘sisters’ also.

This should not he taken to mean that the property shall be taken ‘by the uterine brothers, and also by such brothers as may be united.’ As in that case those others also who are not uterine, but united, would be entitled to a share in the property. Among the uterine brothers, there may he some that are united and others that are not united; and where there are uterine brothers, united and not united, it is these that would divide the property among themselves.

Nor would this militate against the following text — ‘A brother born of another mother, even though united, shall not take the property of his half-brother; while a uterine brother, even though not united, shall take it, but not the brother born of a different mother.’ (Yājñavalkya, 2.139). The meaning of this is as follows: — ‘Even though united, the half-brother does not receive the property, if a uterine brother is there, even though not united; while among the uterine brothers, he alone shall receive it who is united, and not any other, notwithstanding his uterine character.’ This is what has been declared in the text — ‘Of one who is united with another brother, this united brother shall receive the property; and the uterine brother that of another uterine brother.’ (Yajñāvalkya, 2.138). When, however, there are no uterine brothers at all, then the property shall be taken by such half-brothers as may be united, and none others. Among uterine brothers, even when separated, there is always some sort of ‘proximity,’ due to their living near one another; so that the function of the uterine brother would, in a general way, be accomplished by even those that may have separated. Hence it is that, among such uterine brothers also as may have separated, if one dies, his property shall go to the other uterine brother, whose share in the property can never totally disappear.

It would not be right to argue against this that — “at the time in question the share of the separated brother can never come up at all, and hence there is nothing that would disappear or not disappear.” Since it has been declared that ‘the son becomes the owner of the property as soon as he is born’ (so that the ownership of all brothers over the ancestral property is innate in them); — but so long as the parents are alive, they have no mastery over it’ (9.104); which shows that all the sons acquire ownership immediately after the father’s death. — (212)

 

Explanatory notes by Ganganath Jha:

The share of a deceased or disqualified united brother goes first to the reunited brothers of the full blood and to such sisters of the full blood as are not married, next to such brothers of the full blood as had not been reunited, and finally to the reunited half-brothers (Medhātithi and Kullūka and Rāghavānanda); — first to the reunited full brothers, secondly to the reunited half brothers, then to the full sisters (Nārāyaṇa and Nandana).

The said persons inherit the property only on the failure of sons, wives, daughters and parents (Kullūka, Rāghavānanda and Nārāyaṇa).

According to Nārāyaṇa what is here said refers to the property of one who dies before partition; but according to others to that of a reunited brother only.

This verse is quoted in Mitākṣarā (2.139), which adds the following explanation: — ‘This verse lays down the manner of disposing of the share set aside in accordance with the preceding verse; which is as follows: — The uterine brothers shall divide it; i.e., it shall be divided equally among all his uterine brothers, those that were united with him as well as those not so united and those who may have gone to foreign lands; they should all come together and divide the said property equally among themselves; — also those step-brothers who had been united with him, and his uterine sisters; all these should divide it equally among themselves. — The Bālambhaṭṭī has the following notes: — That the un-united full brothers are meant by the first half is shown by the mention of the ‘united’ in the second half; — that the second half refers to half brothers is shown by the mention of ‘uterine’ brothers in the first half; — the half-brothers meant here must be understood to be of the same caste as the original owner.

It is quoted in Madanapārijāta (p. 679), which has the following notes: — The mention of ‘uterine’ in the first half and of ‘brothers,’ in the second half indicate that the latter stands for half-brothers; — the mention of ‘united’ in the second half, and the omission of it in connection with the ‘uterine brothers’ indicate that the uterine brothers meant are those that were un-united. Thus then the meaning of this verse comes to be this: — The property that has been set aside as the share of the disqualified person, shall be divided equally by his un-united uterine brothers, who should all — even those who may have gone to other lands — come together for the division; as also the step-brothers of the same caste as the original owner, who were united with him, and also his uterine sisters. All these, beginning from the un-united uterine brothers and ending with the uterine sisters, should divide the property equally among themselves. That the half-brothers meant here are those of the same caste as the owner is shown by the fact that for the brothers of different castes, different shares have been laid down.

It is quoted in Aparārka (p. 749), which adds the following explanation — The said share should be taken by those uterine brothers who were united with the original owner, and not those who were not united, even though they be his uterine brothers; if there be no united uterine brothers, then it shall be divided among all his uterine brothers equally — without any inequality due to seniority and so forth; — if there be no uterine brothers, then it shall go to the uterine sisters; — and if there be no uterine sisters, then it shall go to the step-sisters and step-brothers.

It is quoted in Vivādaratnākara (p. 601), which adds the following notes — ‘Sodary āḥ’ qualifies ‘bhrātaraḥ’ (of the second line); so that the meaning is that among his ‘brothers’ only those will divide the said property who fulfill the conditions of being both ‘uterine’ and ‘united and also the uterine sisters who are unmarried.

It is quoted in Parāśaramādhava (Vyavahāra, p. 362), which explains the meaning to be that the said property shall be taken by the un-united uterine brothers, and the united half-brothers, and the uterine sisters, — all coming together, even those who may have gone to other lands; it being divided among these equally; — and in Vivādacintāmaṇi (Calcutta, p. 158), as countenancing the view that brothers, even though uterine, have no share, if they did not live jointly.

 

Comparative notes by various authors:

(verses 9.211-212)

See Comparative notes for Verse 9.211.

 

 

VERSE 9.213

Section XXVII - Property of Brothers, and their Mutual Relationship

 

यो ज्येष्ठो विनिकुर्वीत लोभाद् भ्रातॄन् यवीयसः ।
सोऽज्येष्ठः स्यादभागश्च नियन्तव्यश्च राजभिः ॥२१३॥

yo jyeṣṭho vinikurvīta lobhād bhrātṝn yavīyasaḥ |
so'jyeṣṭhaḥ syādabhāgaśca niyantavyaśca rājabhiḥ ||213||

 

If an eldest brother, through avarice, defrauds the younger ones, he shall lose his ‘seniority’ and his share, and shall also be punished by the king. — (213)

 

Medhātithi’s commentary (manubhāṣya):

‘Defrauding’ consists in cheating them out of their share in the property, as also that of the honours etc., that may be conferred by the king.

‘Loses his seniority’; — i.e., is to be treated as an ordinary kinsmen (as laid down in 110). This does not preclude all that is due to him as the eldest brother.

He loses also his ‘share’ — i.e., the ‘preferential share’ due to him as the eldest brother.

‘Punished.’ — As the special form of punishment to be inflicted has not been specified, he shall be reprimanded or censured or fined, in accordance with the exact nature of his offence. — (213)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣāra (2. 126) as having been understood by some people to mean that ‘misappropriation’ of the entire property is wrong only for the eldest brother, and not for the younger brothers. This view, it says, is wrong; the verse clearly implying that, just as it is wrong for the eldest brother who is in the place of father for the younger brother to misappropriate the property, so it is also for the younger brothers, who are as ‘sons’ to the eldest brother.

It is quoted in Parāśaramādhava (Vyavahāra, p. 383), which takes it to mean that when even the eldest brother, who is independent, is held to commit a wrong if he does the mis-appropriation, it is all the more culpable in the case of the younger brothers, who are not independent.

It is quoted in Vivādaratnākara (p. 478), which explains ‘vinikurvīta’ as ‘should defraud,’ and ‘ajyeṣṭhaḥ’ as ‘not to be respected as the eldest brother’; — and in Vyavahāramayūkha (p. 58), which remarks that the term ‘jyeṣṭhaḥ’ stands for all the heirs to a property, the meaning being that when the eldest also is held culpable, how much more so the younger brothers?

 

Comparative notes by various authors:

Mahābhārata (13.105.7). — (Same as Manu.)

 

 

VERSE 9.214

Section XXVII - Property of Brothers, and their Mutual Relationship

 

सर्व एव विकर्मस्था नार्हन्ति भ्रातरो धनम् ।
न चादत्त्वा कनिष्ठेभ्यो ज्येष्ठः कुर्वीत योतकम् ॥२१४॥

sarva eva vikarmasthā nārhanti bhrātaro dhanam |
na cādattvā kaniṣṭhebhyo jyeṣṭhaḥ kurvīta yotakam ||214||

 

All brothers addicted to evil deeds are unworthy of having property; and the elder brother shall not have a separate hoard without making a contribution to his younger brothers. — (214)

 

Medhātithi’s commentary (manubhāṣya):

‘Addicted to evil deeds’ — doing such acts as are forbidden.

When all the brothers are working for the benefit of the whole family, if the eldest brother surreptitiously takes possession of and invests the property, under the impression that he would show them the ‘principal’ if they ask for it, — then he should he made to hand over to all the brothers, the principal along with the interest that may have accrued to it. But if at the very outset, he lays the whole property before his brothers and says openly — ‘Here is the property, each of you take your share, I shall separate mine and earn interest on it,’ — then they are not entitled to the interest thus earnad; which belongs exclusively to the eldest brother, and forms his ‘special hoard.’ — (214)

 

Explanatory notes by Ganganath Jha:

‘Vikarmasthāḥ.’ — ‘Addicted to gambling, drinking and similar vices’ (Kullūka and Rāghavānanda); — ‘who following despicable modes of living, such as cattle-breeding, serving śūdras and the like’ (Nārāyaṇa).

‘Yautakam.’ — ‘Separate hoarding’ (Medhātithi and Kullūka; — ‘shall not, out of the common property, give a dowry to his daughter’ (Nandana).

The first half of this verse is quoted in Aparārka (p. 720 and p. 749); — in Vivādaratnākara (p. 480), where ‘Vikarmasthāḥ’ is explained as ‘addicted to gambling and so forth’ — and it is noted that others have explained it as meaning ‘behaving in a manner calculated to ruin the family’; — in Vyavahāramayūkha (p. 73), in the sense that so long as well-behaved sons are present, the property cannot go to the ill-behaved ones; — and in Vīramitrodaya (Vyavahāra 222a).

 

Comparative notes by various authors:

[See texts under 201-202.]

Mahābhārata (13.105.10). — (Same as Manu.)

Gautama (28.40). — ‘According to some, the son of a wife of equal caste even does not inherit, if he be living unrighteously.’

Baudhāyana (2-3.38-39). — ‘Those immersed in vice, those who neglect their duties and occupations are only entitled to maintenance.’

Āpastamba (2.14.15). — ‘Him who spends money unrighteously, the father shall disinherit, oven though he be the eldest son.’

Śaṅkha-Likhita (Vivādaratnākara, p. 486). — ‘Those excommunicated become deprived of inheritance and funeral offerings and libations.’

 

 

VERSE 9.215

Section XXVII - Property of Brothers, and their Mutual Relationship

 

भ्रातॄणामविभक्तानां यद्युत्थानं भवेत् सह ।
न पुत्रभागं विषमं पिता दद्यात् कथं चन ॥२१५॥

bhrātṝṇāmavibhaktānāṃ yadyutthānaṃ bhavet saha |
na putrabhāgaṃ viṣamaṃ pitā dadyāt kathaṃ cana ||215||

 

Among undivided brothers, if there is a joint concern, — the father shall, on no account, make an unequal division among his sons. — (215)

 

Medhātithi’s commentary (manubhāṣya):

It has been said (yājñavalkya, 2.116) that — ‘an unequal division has been declared to be legal, if made by the father’; — it is this that is denied here.

‘Joint concern,’ — i.e., when all of them together earn something — one by agriculture, another by receiving gifts, another by service, while another takes care of what is earned by others, and invests them and uses them to the advantage of all; — all this shall be brought together and divided equally; and no excessive share shall be given to any one by the father, through his love for him. — (215)

 

Explanatory notes by Ganganath Jha:

‘Saha utthānam.’ — ‘Joint acquisition — one earning by agriculture, another by receiving gifts, another by service, another taking care of what others bring in and so forth’ (Medhātithi); — ‘joint concern, — such as joint trading and so forth’ (Nārāyaṇa). — Explained by Jīmūtavāhana (Dāyabhāga, 2.86) as ‘effort i.e., desire to have a division’ (Hopkins).

This verse is quoted in Vivādaratnākara (p. 468), which explains ‘utthānam’ as ‘action tending to the acquisition of wealth — in Aparārka (p. 719 and p. 727) as an exception to the general that the father may make an unequal division; — and in Vivādacintāmaṇi (Calcutta, p. 129), which says that this refers to cases where the property has been acquired by the equal efforts of all the brothers, and hence it does not conflict with the text which lays down that the brothers are to accept without demur even an unequal partition among them by their father, of the property acquired by him.

 

Comparative notes by various authors:

Mahābhārata (13.105.12). — (Same as Manu.)

Yājñavalkya (2.120). — ‘When a property has been acquired by several brothers in common, it shall be shared equally by all. Among sons of the several brothers, the shares shall be apportioned in accordance with what would have been the share of their respective fathers.’

Bṛhaspati (25.14, Aparārka, p. 727). — ‘What has been acquired by several brothers living together, — in that property all are equal sharers; if each of them has an equal and unequal number of sons, these latter shall take the shares of their respective fathers.’

 

 

VERSE 9.216

Section XXVII - Property of Brothers, and their Mutual Relationship

 

ऊर्ध्वं विभागात्जातस्तु पित्र्यमेव हरेद् धनम् ।
संसृष्टास्तेन वा ये स्युर्विभजेत स तैः सह ॥२१६॥

ūrdhvaṃ vibhāgātjātastu pitryameva hared dhanam |
saṃsṛṣṭāstena vā ye syurvibhajeta sa taiḥ saha ||216||

 

If a son is born after partition, he shall receive the property of the father alone; or if any other sons be reunited, he would share it with them. — (216)

 

Medhātithi’s commentary (manubhāṣya):

After the partition has been made, — in which the father has taken two shares — if a son happens to be born, he shall receive these two shares, during the father’s life-time, if the father wishes it so, or after the death of the father, and his brothers shall not complain — ‘why should he have two shares?’ If, however, such is not father’s wish, then he shall be assigned by the others a share equal to their own.

If some of the sons become re-united with the father, after the partition has been made, then the father’s share shall go to them; and the additional property arising therefrom shall be assigned by them as the share of the other brothers. This property thus accrues to the son united with the father; also after the father’s death, he receives his share out of that same property (?), — in accordance with what has been said above under 210.

As regards the sisters, they are not entitled to any share until they have borne a child, — as declared by Vaśiṣṭha. — (216)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 538), which adds the following explanation. — If a son is born to the father after partition of the property between himself and his sons, then on the death of the father that son shall inherit the entire share of the father; but during his father’s lifetime he shall be entitled to only a part of the father’s property; — it adds that the particle ‘eva’ has been added with a view to emphasise that the new-born son would not be entitled to any part of the share of the divided brothers.

It is quoted in Parāśaramādhava (Vyavahāra, p. 340), which explains ‘pītryam’ as ‘belonging to the parents — in Madanapārijāta (p. 655), which also adds the same explanation of ‘pitryam’; — in Aparārka (p. 729), which adds the explanation that ‘if a son is born after partition has been made he shall take only his father’s, not the brothers’ property, and if there be no brothers, he shall share the father’s property with those who may have lived jointly with his father’; — in Vyavahāramayūkha (p. 46); — in Vivādacintāmaṇi (Calcutta, p. 159), which remarks that the first half of the verse having definitely made the new-born son the sole heir to the father’s property, his joint brothers, mentioned in the second half, could be entitled to it only on the death of that new-born son; — in Nṛsiṃhaprasāda (Vyavahāra 35a): — in Smṛtisāroddharā (p. 332); — and by Jīmātavāhana (Dāyabhāga, p. 203), which explains the meaning to be as follows — ‘If the father, after having divided his property among his sons and taken his own share, obtains another son, then the share taken by the father devolves upon this son, and if the father had been living with some other sons, then the new-born son shall receive his share out of the share of all those with whom the father may have been living.’

 

Comparative notes by various authors:

Gautama (28.29). — ‘A son horn after partition takes exclusively the property of his father.’

Viṣṇu (17.3). — ‘Sons who have separated from their father should give a share to the brother who is born after the partition.’

Yājñavalkya (2.122). — ‘If a son is born of a wife of equal caste, after the property has been partitioned (among the sons), ho is entitled to the share of his father; or he may obtain his share from any such property as may he discovered after the said partition, after it has been cleared of all accounts of income and expenditure.’

Bṛhsapati (25.17, 20). — ‘When step-brothers horn of different mothers, or uterine brothers, have come to a division with their father, brothers born after that shall take their father’s share. In such cases the son horn before partition has no right to the father’s share; nor can a brother’s property be claimed by one born after partition; whatever shall have been acquired by the father, after he has come to a partition with his sons, all that belongs to the son born after partition; those born before it have no right to it. In regard to the property, as also debts, gifts, pledges and purchases, the father and the divided sons have no concern with one another; except in regard to impurity (due to births and deaths) and the funeral oblations.’

 

 

VERSE 9.217 [Son’s Property inherited by the Mother]

Section XXVIII - Son’s Property inherited by the Mother

 

अनपत्यस्य पुत्रस्य माता दायमवाप्नुयात् ।
मातर्यपि च वृत्तायां पितुर्माता हरेद् धनम् ॥२१७॥

anapatyasya putrasya mātā dāyamavāpnuyāt |
mātaryapi ca vṛttāyāṃ piturmātā hared dhanam ||217||

 

The property of a childless son shall be inherited by his mother; and if the mother also is dead, his father’s mother shall receive that property. — (217)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse has been already explained (under 185). — (217)

 

Explanatory notes by Ganganath Jha:

“Kullūka, Nārāyaṇa and Nandana all three hold that the mother inherits only on failure of sons (grandsons and great-grandsons, adds Nandana), widows and daughters; but they disagree with respect to the sequence of the next following heirs: Kullūka holds that the mother and the father, whose right has been mentioned above, verse 85, follow next, inheriting conjointly, then brothers, afterwards brothers’ sons, and after them the paternal grandmother; — Nārāyaṇa gives the following order: 1. Mother, 2. Father, 3. Brothers, 4. Brothers’ sons, 5. Maternal grandmother.” — Buhler.

Hopkins is wrong in saying that verse 185 is not in Medhātithi’s text. As a matter of fact, Medhātithi’s gloss on that verse has shared the same fate as that on all the other important verses bearing upon inheritance.

This verse is quoted in Mitākṣarā (2.135-136) as laying down the rights of the mother and grandmother to the son’s property. The Bālambhaṭṭī explains ‘vṛttāyām’, as ‘dying’.

It is quoted in Aparārka (p. 744); — in Vivadaratnākara (p. 591) which adds the following, notes: — ‘Childlessness’ meant here is ‘absence of sons and: wife and others’; — the grandmother inherits only in the absence of brother or other Sapiṇḍas; — the father inherits in the absence of the mother; — ‘dāyādyam’ means ‘property inheritable by heirs’.

It is quoted in Vyavahāramayūkha (p. 63) to the effect that in the absence of ‘brothers’ sons the first claim is that of the grandmother; — and in Smṛtitattva II (p. 195) to the effect that in the absence of ‘brothers’ sons’, the property goes to the grandfather, and in hie absence, to the grandmother; the rights of the grandfather being superior to those of the grandmother, just as those of the father are superior to those of the mother.

 

Comparative notes by various authors:

Viṣṇu (17.7). — ‘One’s property goes to one’s mother, on the failure of his wife, daughter and father.’

Yājñavalkya (2.135-136). — ‘When a man has gone to heaven without leaving a son, his property shall go to the succeeding owner among the following, in the absence of the preceding ones — wife, daughters, mother, father, brothers, brother’s sons, Sagotras, Bandhus, pupils and fellow-students.’

Bṛhaspati (Aparārka, p. 741). — ‘If a man dies without leaving a child or wife or brother or father or mother, his Sapiṇḍas shall take his property according to their respective shares.’

Do. (Vivādaratnākara, p. 591). — ‘If a man dies without leaving a son or a wife, his property goes to his mother, or, with her consent, to his brother.’

Do. (Do., p. 598), — ‘If a Kṣatriya, a Vaiśya or a Śūdra dies childless, and without wife or brothers, the King shall take his property.’

Śaṅkha (Do.). — ‘If a man dies without a son, his property goes to his brother; in the absence of a brother, to his mother and father; and in the absence of these, to his senior (or junior) wife.’

Devala (Do.). — ‘His uterine brothers shall divide the property of the man dying without a son; or his daughters of the same caste, or his father, if he he living, or stepbrothers of the same caste as himself or his mother or his wife, — in this same order.’

Paiṭhīnasi (Vivādaratnākara, p. 592). — ‘If a man dies without a son, his property goes to his brother; in the absence of the brother, his mother and father take it; or his senior wife; or his Sagotras, pupils and fellow-students.’

 

 

VERSE 9.218

Section XXVIII - Son’s Property inherited by the Mother

 

ऋणे धने च सर्वस्मिन् प्रविभक्ते यथाविधि ।
पश्चाद् दृश्येत यत् किं चित् तत् सर्वं समतां नयेत् ॥२१८॥

ṛṇe dhane ca sarvasmin pravibhakte yathāvidhi |
paścād dṛśyeta yat kiṃ cit tat sarvaṃ samatāṃ nayet ||218||

 

After all the assets and liabilities have been duly distributed, if something be discovered afterwards, — all this must be divided equally. — (218)

 

Medhātithi’s commentary (manubhāṣya):

Through ignorance, after the property, more or less, has been divided, — if something is discovered, it shall be equally divided; and in what is discovered after the division, there shall be no ‘preferential share’ for the eldest brother. — (218)

 

Explanatory notes by Ganganath Jha:

According to Nārāyaṇa, this verse applies also to debts discovered after partition.

This verse is quoted in Vivādaratnākara (p. 525) — in Parāśaramādhava (Vyavahāra, p. 382); — in Dāyakramasaṅgraha (p. 54) — in Nṛsiṃhaprasāda (Vyavahāra 37b); — in Vīramitrodaya (Vyavahāra 220a); — and by Jīmūtavāhana (Dāyabhāga, p. 345.)

 

Comparative notes by various authors:

Yājñavalkya (2.126). — ‘If after partition it is discovered that some properties have been in the exclusive possession of one or other of the co-parceners, — they shall divide all such properties again in equal shares.’

Kātyāyana (Aparārka, p. 732). — ‘If any property had remained concealed at the time of partition, and is subsequently discovered, it shall be divided by the man in possession among his brothers. — If the partition is found to have been wrongly made, — or if such properties are subsequently discovered as have been in the possession of one or other of the co-parceners, — or if some property that had been lost is recovered, — they shall make another division.’

Bṛhaspati (25.96). — ‘When the loan or mortgaging of a joint property is concealed with a fraudulent purpose, the King shall recover it from the cheat by artifice, but not use violence to extort it from him.’

 

 

VERSE 9.219 [Impartible Property]

Section XXIX - Impartible Property

 

वस्त्रं पत्रमलङ्कारं कृतान्नमुदकं स्त्रियः ?? ।
योगक्षेमं प्रचारं च न विभाज्यं प्रचक्षते ॥२१९॥

vastraṃ patramalaṅkāraṃ kṛtānnamudakaṃ striyaḥ ?? |
yogakṣemaṃ pracāraṃ ca na vibhājyaṃ pracakṣate ||219||

 

A cloth, a conveyance, an ornament, cooked food, water, women, what is conducive to welfare and pasture-ground, — these they declare to be impartible. — (219)

 

Medhātithi’s commentary (manubhāṣya):

The singular number in ‘cloth,’ ‘conveyance‘ornament,’ and ‘cooked food’ is meant to be significant.

‘Conveyance’ — vehicle; such as a chariot, a cart and so forth.

‘Ornament’ — the ring and so forth.

‘Cloth’ — of ordinary quality, not what is exceptionally valuable.

‘Water’ — well, tank and so forth.

‘Women’ — female slaves.

‘Yogakṣeman’ — what is conducive (‘kṣema’) to welfare (‘yoga’); e.g., experienced ministers, priests, councillors and so forth. These are helpful in guarding the household against thieves and others.

In another Smṛti it is found that ‘there is no division of the dwelling-house.’

‘Pasture-ground’ — where the cattle graze.

From what is declared here it would follow that it is not absolutely true that there is nothing wrong in dividing what has been left by the father. But this denial is of that kind of which a transgression involves no sin. (?) — (219)

 

Explanatory notes by Ganganath Jha:

‘Striyaḥ’ — ‘Female slaves’ (Medhātithi); — ‘wives’ (Nārāyaṇa).

(a) ‘Yogakṣemam (b) pracāram’. — (a) ‘agencies securing protection; such as councillors, parents, old ministers, who protect people against thieves; (b) pasture land’ (Medhātithi, who is badly misrepresented by Buhler; Kullūka and Raghāvānanda); — (a) ‘means of gain, e.g., a royal grant, and means of protection (b) and roads’ (Nārāyaṇa); — (a) sources of gain, persons for whom one sacrifices, and means of protection, (b) path leading to fields.’ (Nandana).

This verse is quoted in Madanapārijāta (p. 685), which adds the following notes — Only those clothes are impartible which are worn ; — ‘patram,’ conveyances, e.g., horses, palanquins and so forth; of these also those are not to be divided which have been in the constant use of any one exclusively; — or ‘patra’ may be taken as ‘property consisting of a written document’; — in Dāyakrama-saṅgraha (p. 37); — and in Vīra mitvodaya (Vyavahāra 221a), which explains ‘patram’ as conveyance.

It is quoted in Mitākṣarā (2.118) as describing property that cannot be partitioned; — it goes on to add that of clothes those only are impartible which have been worn by some one; the clothes that were worn by the father should, on bis death, be given away to persons fed at his Śrāddha. The Bālambhaṭṭī adds that the view of Medhātithi and Kalpataru — that valuable clothes are not included here — is to be rejected

It is quoted in Aparārka (p. 725), which adds that the explanation by some people of ‘patram’ as conveyance is opposed to the text of Kātyāyana, by which the word stands for ‘property entered in a written document.’

It is quoted in Vivādaratnākara (p. 504), which adds the following notes: — ‘Patram’ is ‘property entered in a written document,’ as is clear from the texts of Kātyāyana; though Halāyudha has explained it to mean ‘conveyance’; — ‘Kṛtānnam,’ flour and rice, says the Pārijāta; — ‘Striyāḥ,’ those that are ‘Samyukta,’ ‘attached to,’ any one in particular; — ‘Yogakṣemam’ stands for ministers and priests who are the agents of protection; — ‘Pracārāḥ,’ paths for the passing of cattle; — Halāyudha has explained ‘Yoga’ as ‘boats and such things’ and ‘Kṣema’ as ‘forts and such means of safety.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 380), which has the following notes — ‘Clothes’ that are worn; — the clothes worn by the father should, on his death, be given away to the persons fed at his Śrāddha.

 

Comparative notes by various authors:

Viṣṇu (18.44). — ‘Apparel, vehicles, and ornaments, prepared food, water, females, property set apart for pious purposes or for sacrifices, a common pasture-ground and document (or books) are impartible.’

Gautama (28.46-47). — ‘Water, property set apart for pious uses or for sacrifices, and prepared food shall not be divided; — nor women already connected.’

Śaṅkha-Likhita (Vivādaratnākara, p. 503). — ‘There shall he no division of the dwelling house, or of water-vessels, ornaments, employed women, clothes, or water-drains, — so says Prajāpati.’

Vyāsa (Do., pp. 504-505). — ‘Persons for whom one officiates at sacrifices, agricultural holdings, conveyance, prepared food, water, and woman are impartible.’

Kātyāyana (Do., pp. 504-505). — ‘Property that has been set apart by means of a document for religious purposes, water, wives, hereditary mortgage (nibandha?), clothes and ornaments that have been worn, articles whose division is impossible, pasture-ground, paths, — these should not be divided.’

Bṛhaspati (25.79-85). — ‘Those by whom clothes and the like articles have been declared to he impartible have not taken into consideration the fact that the wealth of the rich is based upon clothes and ornaments; — such wealth, when withheld from partition, will yield no profit; but it cannot be allotted to a single co-parcener. Therefore it has to be divided with some skill, or else it would be useless. — Clothes and ornaments are to be divided after selling them (and distributing the proceeds); a written bond is divided after recovering the amount involved; prepared food is divided by means of exchange with unprepared food. — The water of a well or a pool shall be drawn and used according to need. A single female slave shall be successively made to work at the houses of the several co-sharers, according to their respective shares. — If there are many such slaves, they shall be divided equally. The same rule applies to male slaves also. Property obtained for a pious purpose shall he divided in equal shares. — Fields and embankments shall he divided according to the several shares. A common road or pasture-ground shall be always used by the co-sharers in due proportion to their several shares. — The clothes, ornaments, bed and the like, as well as conveyances and such things — appertaining to the father — shall he given to the person who pertakes of his funeral repast, after honouring him with fragrant drugs and flowers.’

 

 

VERSE 9.220 [Gambling]

Section XXX - Gambling

 

अयमुक्तो विभागो वः पुत्राणां च क्रियाविधिः ।
क्रमशः क्षेत्रजादीनां द्यूतधर्मं निबोधत ॥२२०॥

ayamukto vibhāgo vaḥ putrāṇāṃ ca kriyāvidhiḥ |
kramaśaḥ kṣetrajādīnāṃ dyūtadharmaṃ nibodhata ||220||

 

Thus has been expounded to you Partition, and the appointing of the ‘soil-born’ and other kinds of sons in due order. Now learn the law relating to Gambling. — (220)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bhāṣya)

 

 

VERSE 9.221

Section XXX - Gambling

 

द्यूतं समाह्वयं चैव राजा राष्ट्रात्निवारयेत् ।
राजान्तकरणावेतौ द्वौ दोषौ पृथिवीक्षिताम् ॥२२१॥

dyūtaṃ samāhvayaṃ caiva rājā rāṣṭrātnivārayet |
rājāntakaraṇāvetau dvau doṣau pṛthivīkṣitām ||221||

 

The King shall exclude from his realm Gambling and Betting; these two evils bring about the destruction of the kingdoms of princes. — (221)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

 

Explanatory notes by Ganganath Jha:

Medhātithi appears (from his remarks on 228) to have intentionally omitted to comment on 221-227.

This verse is quoted in Vivādaratnākara (p. 611); — in Vīramitrodaya (Rājanīti, p. 152); — and in Vyavahāra-Bālambhaṭṭī (p. 880),

 

Comparative notes by various authors:

(verses 9.221-222)

Arthaśāstra (p. 111). — ‘The superintendent of gambling shall centralise gambling in one place; — this for the purpose of finding out criminals; — one gambling in other places shall be find 12 Paṇas.’

Yājñavalkya (20.203). — ‘Gambling shall he centralised in one place, for the purpose of finding out thieves.’

Bṛhaspati (26.1-2). — ‘Gambling has been prohibited by Manu, because it destroys truth, honesty and wealth. It has been permitted by others, when conducted so as to allow the King a share. — It shall take place under the superintendence

of keepers of gaming houses, as this serves the purpose of discovering thieves.’

Nārada (17.18). — ‘The gamblers shall pay to the King the share due to him and play in public; thus no wrong will be committed.’

Do. (17.2). — ‘The master of the gaming house shall arrange the game and pay the stakes; the profit of this conductor shall he 10 per cent.’

Kātyāyana (Vivādaratnākara, p. 612). — ‘The keeper of the gambling house shall arrange the gambling and pay the dues; and the interest he shall receive from the gamblers would be ten per cent.’

 

 

VERSE 9.222

Section XXX - Gambling

 

प्रकाशमेतत् तास्कर्यं यद् देवनसमाह्वयौ ।
तयोर्नित्यं प्रतीघाते नृपतिर्यत्नवान् भवेत् ॥२२२॥

prakāśametat tāskaryaṃ yad devanasamāhvayau |
tayornityaṃ pratīghāte nṛpatiryatnavān bhavet ||222||

 

Gambling and Betting are open theft; the King shall always be careful in suppressing them. — (222)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 611); — in Vyavahāra-Bālambhaṭṭī (p. 880); — and in Vivādacintāmaṇi (Calcutta, p. 166).

 

Comparative notes by various authors:

(verses 9.221-222)

See Comparative notes for Verse 9.221.

 

 

VERSE 9.223

Section XXX - Gambling

 

अप्राणिभिर्यत् क्रियते तत्लोके द्यूतमुच्यते ।
प्राणिभिः क्रियते यस्तु स विज्ञेयः समाह्वयः ॥२२३॥

aprāṇibhiryat kriyate tatloke dyūtamucyate |
prāṇibhiḥ kriyate yastu sa vijñeyaḥ samāhvayaḥ ||223||

 

That which is done through inanimate things is called ‘Gambling’; while what is done through animate things is to be known as ‘Betting.’ — (223)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 610); — in Parāśaramādhava (Vyavahāra, p. 388), which explains ‘aprāṇibhiḥ,’ as ‘by dice, leather-tablets, sticks and so forth,’ and ‘prāṇibhiḥ’, as ‘by cocks and other animals’; — in Smṛtitattva (p. 27); — in Aparārkā, p. 802; — in Mitākṣarā (2. 199); — in Vīramitrodaya (Rājanīti, p. 153), which adds the following notes — ‘Aprāṇibhiḥ’, with dice, tablets and so forth; — ‘prāṇibhiḥ’ with rams, cocks and other animals; — ‘gambling’ and ‘prize-fighting’ are names applicable to only such acts as are accompanied by betting; where there is no betting, the act is called ‘sport’ and not deprecated among people; — in Smṛtisāroddhāra (p. 333); — in Nṛsiṃhaprasāda (Vyavahāra, p. 44b); in Vivādacintāmaṇī (Calcutta, p. 166), which explains ‘aprāṇibhiḥ’ as dice and the like — in Smṛticandrikā (Vyavahāra, p. 19); — and in Vīramitrodaya (Vyavahāra 223b).

 

Comparative notes by various authors:

Bṛhaspati (26.3). — ‘When birds, rams, deer or other animals are caused to fight against one another after a wager has been laid, it is called Betting.’

Nārada (17.1). — ‘Dishonest gambling with dice, small pieces of leather, little staves of ivory, and Betting on birds form the subject of a head of dispute.’

 

 

VERSE 9.224

Section XXX - Gambling

 

द्यूतं समाह्वयं चैव यः कुर्यात् कारयेत वा ।
तान् सर्वान् घातयेद् राजा शूद्रांश्च द्विजलिङ्गिनः ॥२२४॥

dyūtaṃ samāhvayaṃ caiva yaḥ kuryāt kārayeta vā |
tān sarvān ghātayed rājā śūdrāṃśca dvijaliṅginaḥ ||224||

 

He who either does the gambling or betting himself, or helps others to do them, — all these the King shall strike; as also those Śūdras who assume the guise of twice-born men. — (224)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

 

Explanatory notes by Ganganath Jha:

‘Ghātayet.’ — ‘Shall cause to be flogged’ (Nārāyaṇa); — ‘shall cause their hands and feet to be cut off and so forth according to the gravity of the offence’ (Kullūka and Rāghavānanda).

This verse is quoted in Aparārka (p. 804), which notes that this refers to such gambling as is not done under the supervision of the King’s Officers; — in Parāśaramādhava (Vyavahāra, p. 392); — in, Mitākṣarā (2.202), which notes that all these rules pertain to such gambling as is accompanied by fraudulent practices, or is conducted without the guidance of game-house-keepers appointed by the king; — in Vivādaratnākara (p. 611); — and in Vyavahāramayūkha (p. 109), which explains ‘dvijaliṅga’ as consisting of the wearing of the sacred thread, the reciting of the Veda and so forth.

It is quoted in Vīramitrodaya (Rājanīti, p. 153), which explains the meaning to be that the king should inflict such corporeal punishment as the cutting off of the hands and feet, in accordance with the nature of the act actually committed, on those who themselves do the gambling and the betting, as also on those who as keepers of gaming houses, abet others to do it; — ‘dvijaliṅginaḥ’ are men who wear the marks of the twice-born, such as the sacred thread, the sandal-paint and so forth; — in Nṛsiṃhaprasāda (Vyavahāra 44b); — in Vivādacintāmaṇi (Calcutta, p. 166); — and in Smṛtisāroddhāra, (p. 334).

 

Comparative notes by various authors:

Yājñavalkya (2.304). — ‘Those playing with loaded dice, or in a deceitful manner, should be branded and then banished.’

Viṣṇu (Aparārka, p. 804). — ‘Those playing with loaded dice should have their hands cut off.’

 

 

VERSE 9.225

Section XXX - Gambling

 

कितवान् कुशीलवान् क्रूरान् पाषण्डस्थांश्च मानवान् ।
विकर्मस्थान् शौण्डिकांश्च क्षिप्रं निर्वासयेत् पुरात् ॥२२५॥

kitavān kuśīlavān krūrān pāṣaṇḍasthāṃśca mānavān |
vikarmasthān śauṇḍikāṃśca kṣipraṃ nirvāsayet purāt ||225||

 

Gamblers, dancers, cruel men, men belonging to heretical sects, men addicted to evil deeds, dealers in wine, — these the King shall instantly banish from his town. — (225)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

 

Explanatory notes by Ganganath Jha:

‘Krūrān’. — Nārāyaṇa and Rāghavānanda read ‘kerān’ and explain it as ‘men of crooked behaviour.’ — Nandana reads ‘kailān’ and explains it as ‘men addicted to sporting.’

‘Śauṇḍikān’. — ‘Liquor-vendors’ (Nārāyaṇa and Kūlluka); — ‘Drunkards’ (Nandana).

This verse is quoted in Vivādaratnākara (p. 315), which adds the following notes: — ‘Kitavān’, fraudulent gamblers; — ‘kuśīlavān’, here stands for those men who are sharp enough to entrap even unwilling people; — ‘kerān’, ‘go-betweens between strange couples’; — ‘pāṣaṇḍasthān’, men belonging to the Kṣapaṇaka and other heretical sects; — ‘Vikarmasthān’, men addicted to entirely forbidden occupations ‘śauṇḍikān’, men addicted to excessive drinking.

It is quoted in Vīramitrodaya (Rājanīti, p. 153); — and in Vyavahāra-Bālambhaṭṭī (p. 880).

 

Comparative notes by various authors:

(verses 9.225-226)

Bṛhsapati (Vivādaratnākara, p. 315). — ‘Those who cheat men through incantations or medicinal herbs, and those who perform malevolent rites, should he banished by the King.’

 

 

VERSE 9.226

Section XXX - Gambling

 

एते राष्ट्रे वर्तमाना राज्ञः प्रच्छन्नतस्कराः ।
विकर्मक्रियया नित्यं बाधन्ते भद्रिकाः प्रजाः ॥२२६॥

ete rāṣṭre vartamānā rājñaḥ pracchannataskarāḥ |
vikarmakriyayā nityaṃ bādhante bhadrikāḥ prajāḥ ||226||

 

These disguised thieves, living in the King’s realm, constantly harass the well-behaved people by their evil deeds. — (226)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 315), which explains ‘pracchannataskarāḥ,’ as men who are as bad as thieves; — in Vīramitrodaya (Rājanīti, p. 153); — and in Vyavahāra-Bālambhaṭṭī (p. 880).

 

Comparative notes by various authors:

(verses 9.225-226)

See Comparative notes for Verse 9.225.

 

 

VERSE 9.227

Section XXX - Gambling

 

द्यूतमेतत् पुरा कल्पे दृष्टं वैरकरं महत् ।
तस्माद् द्यूतं न सेवेत हास्यार्थमपि बुद्धिमान् ॥२२७॥

dyūtametat purā kalpe dṛṣṭaṃ vairakaraṃ mahat |
tasmād dyūtaṃ na seveta hāsyārthamapi buddhimān ||227||

 

In former cycles gambling has been seen to be the great source of enmity; the wise man shall therefore not have recourse to gambling, even in joke. — (227)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 611); — in Vīramitrodaya (Rājnīti, p. 153); — and in Vyavahāra-Bālambhaṭṭī (p. 880).

 

Comparative notes by various authors:

(verses 9.227-228)

Kātyāyana (Vivādaratnākara, p. 611). — ‘Ones hall never take to gambling, which incites anger and greed.’

 

 

VERSE 9.228

Section XXX - Gambling

 

प्रच्छन्नं वा प्रकाशं वा तन्निषेवेत यो नरः ।
तस्य दण्डविकल्पः स्याद् यथेष्टं नृपतेस्तथा ॥२२८॥

pracchannaṃ vā prakāśaṃ vā tanniṣeveta yo naraḥ |
tasya daṇḍavikalpaḥ syād yatheṣṭaṃ nṛpatestathā ||228||

 

If a man has recourse, either openly or secretly, to this (vice), the form of punishment inflicted upon him shall be in accordance with the King’s discretion. — (228)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘vikalpaka’ means variants forms.

It depends entirely upon the King’s wish. (?)

From the words ‘learn the law relating to gambling’ (221) onwards, there are only two or three verses that are injunctive, the others are purely declamatory. — (228)

 

Explanatory notes by Ganganath Jha:

“Rāghavānanda and Nandana point out that not only corporeal punishment (according to verse 224), but also a fine may be inflicted,” — (Buhler).

This verse is quoted in Vivādaratnākara (p. 611), which explains ‘yatheṣṭam’ as ‘in accordance with the king’s wish’; — in Vīramitrodaya (Rājanīti, p. 153), which adds the following notes: — ‘Yatheṣṭam’ i.e. after duly examining the nature of the guilt, whatever punishment, — corporal or monetary — the king decides to inflict, that is to be regarded as lawful; — and in Vyavahāra-Bālambhaṭṭī (p. 880).

 

Comparative notes by various authors:

(verses 9.227-228)

See Comparative notes for Verse 9.227.

 

 

VERSE 9.229 [Miscellaneous Punishments]

Section XXXI - Miscellaneous Punishments

 

क्षत्रविद् शूद्रयोनिस्तु दण्डं दातुमशक्नुवन् ।
आनृण्यं कर्मणा गच्छेद् विप्रो दद्यात्शनैः शनैः ॥२२९॥

kṣatravid śūdrayonistu daṇḍaṃ dātumaśaknuvan |
ānṛṇyaṃ karmaṇā gacched vipro dadyātśanaiḥ śanaiḥ ||229||

 

The Kṣatriya, the Vaiśya and the Śūdra, when unable to pay a fine, shall discharge the liability by labour; the Brāhmaṇa may pay it by instalments. — (229)

 

Medhātithi’s commentary (manubhāṣya):

The Kṣatriya and the rest, when devoid of property, should not be harassed by imprisonment; they should make good the amount of fine due to the king ‘by labour’, — such work as may be in keeping with the character of the man, and profitable to the king.

The Brāhmaṇa shall be made to pay it ‘by instalments’ — so that his family may not suffer from want. Imprisonment, beating and such chastisements are forbidden for the Brāhmaṇa.

What has been laid down before pertains to the repayment of the debt to the debtor, while the present verse pertains to the payment of fines. There is thus no repetition. — (229)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 658), which adds the following notes: — ‘Karmaṇā,’ by such service as may be a proper recompense for the money owed; — the Brāhmaṇa is not to liquidate the debt by service; he must pay it off, by and bye; — and in Vyavahāra-Bālambhaṭṭī (p. 880).

 

Comparative notes by various authors:

Yājñavalkya (2.43). — ‘If a man of the lower castes is very much reduced in circumstances, he should be made to do work, towards repayment of the debt; but the Brāhmaṇa should never be made to work; he should be made to pay up gradually, as he goes on getting money.’

Bṛhaspati (Aparārka, p. 616). — ‘If the debtor has absolutely no wealth, he should be brought home and made to work; but the Brāhmaṇa should be made to repay the debt gradually.’

 

 

VERSE 9.230

Section XXXI - Miscellaneous Punishments

 

स्त्रीबालोन्मत्तवृद्धानां दरिद्राणां च रोगिणाम् ।
शिफाविदलरज्ज्वाद्यैर्विदध्यात्नृपतिर्दमम् ॥२३०॥

strībālonmattavṛddhānāṃ daridrāṇāṃ ca rogiṇām |
śiphāvidalarajjvādyairvidadhyātnṛpatirdamam ||230||

 

On women, boys, men out of their minds, the old, the poor and the sick, the king shall inflict punishment with creepers, barks, ropes and so forth. — (230)

 

Medhātithi’s commentary (manubhāṣya):

‘Punishment’. — The persons meant, here are such poor people as are incapable of doing labour. As these would stand on the same footing as the ‘great sinners’, they shall be chastised with the creeper etc.

‘Śiphā’ is creeper, and ‘vidala’ — tree-bark. — (230)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 658), which adds that the term ‘daridra’ here stands for that impecunious person who is unable to render any compensatory service; — in Parāśaramādhava (Vyavahāra, p. 159); — and in Vyavahāra-Bālambhaṭṭī (p. 880).

 

Comparative notes by various authors:

Kātyāyana (Vivādaratnākara, p. 655). — ‘Untouchables, rogues and slaves, those who have committed sins and those born of inverse marriages should suffer beating, and not monetary punishment.’

 

 

VERSE 9.231

Section XXXI - Miscellaneous Punishments

 

ये नियुक्तास्तु कार्येषु हन्युः कार्याणि कार्यिणाम् ।
धनौष्मणा पच्यमानास्तान्निःस्वान् कारयेन्नृपः ॥२३१॥

ye niyuktāstu kāryeṣu hanyuḥ kāryāṇi kāryiṇām |
dhanauṣmaṇā pacyamānāstānniḥsvān kārayennṛpaḥ ||231||

 

If the officers deputed to look after the business of suitors should, fired by the heat of wealth, hamper that business, — these the King shall render penniless. — (231)

 

Medhātithi’s commentary (manubhāṣya):

Those officers who have been ‘deputed’ — appointed — ‘to look after the business’ — investigation of eases and so forth — ‘of suitors’, — as representatives of the King; — if these, ‘fired by the heat of wealth’ — i.e. having received bribes from either party — ‘hamper that business’, — ‘these the king shall render penniless’, — i.e. he shall confiscate all their property.

Though for the delinquency of officers a distinct punishment is going to be prescribed (in 234), yet what is here laid down refers to the case of repeated offences.

Other officers also — such as the commander of an army and the like — when ordered against a certain party, take bribes from him, and do not proceed to capture him; — these also shall be met with the same punishment.

Others read ‘aniyukta’ (for ‘niyukta’); and in that case the meaning is — ‘If some persons though not appointed to any office, proceed to help one or the other party, — either on account of their considering themselves the king’s favourites, or of their being very rich, — and thus prevent justice bring done to the other party, — they shall be punished as here prescribed.’

In this case, the epithet ‘fired by the heat of wealth’ (i. e., bribed) would not have any significance; not ‘appointed’ being the most significant qualification in this case. — (231)

 

Comparative notes by various authors:

Viṣṇu (5.180). — ‘The confiscation of the entire property is the punishment ordained for the judge who takes bribes.’

 

 

VERSE 9.232

Section XXXI - Miscellaneous Punishments

 

कूटशासनकर्तॄंश्च प्रकृतीनां च दूषकान् ।
स्त्रीबालब्राह्मणघ्नांश्च हन्याद् द्विष् सेविनस्तथा ?? ॥२३२॥

kūṭaśāsanakartṝṃśca prakṛtīnāṃ ca dūṣakān |
strībālabrāhmaṇaghnāṃśca hanyād dviṣ sevinastathā ?? ||232||

 

Forgers of royal proclamations, sowers of disaffection among the people, the slayers of women, infants and Brāhmaṇas, and those serving his enemies, — the king shall put to death. — (232)

 

Medhātithi’s commentary (manubhāṣya):

‘Forgers of Royal proclamations’ — give out as done by the king what is not done by him. ‘Proclamations’ — royal edicts such orders as ‘No one shall eat at the house of such and such a person’, ‘such and such a favour has been conferred upon this man’, ‘such is the law that has been laid down by the king’, and so forth — are always entered upon a piece of paper, written by the hand of the royal scribe, and are then known as the ‘Royal proclamation’. And people may forge these — i.e., misrepresent them.

‘Sowers of disaffection among the people’, — who spread disaffection among such of the people as may have some grievance or may be too greedy and so forth; — also the slayers of woman and infants and of Brāhmnṇas; — ‘those that serve his enemies’ — secretly carrying on visits to them. — (232)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 862), which adds the following notes: — ‘Prakṛtīnām,’ of the various ‘members’ of the state; — ‘dviṭsevinaḥ,’ those who serve persons disloyal to the king; — and in Vivādaratnākara (p. 370), which adds the following notes: — ‘Śāsana’ here stands for royal proclamations; — ‘prakṛtīnām,’ of the Minister and other members of the State; — ‘dūṣakān,’ defamers without justification, those who attribute delinquencies, when in reality, there are none; — ‘dviṭsevinaḥ,’ persons serving men inimical to the king.

 

Comparative notes by various authors:

Viṣṇu (5.9, 11). — ‘The King shall put to death those who forge royal edicts; — and those who forge private documents; — and also poisoners, incendiaries, robbers, killers of women, children or men; — those stealing more than ten

Kumbhas of grain, — or more than a hundred māṣas of things sold by weight; — also those who aspire to sovereignty, though being of low birth; breakers of dikes, and such as give shelter to robbers; and a woman who is unfaithful to her lord.’

Viṣṇu (Vivādaratnākara, p. 370). — ‘One who tries to contaminate the limbs of the kingdom — Minister, etc., and the people — should be put to death.’

Yājñavalkya (2.240). — ‘One who forges weighing scales, royal edicts, weights and measures, or coins, — and one who deals with these, — should be fined the highest amercement.’

Do. (2.294). — ‘One who subtracts from or adds to a royal edict, and one who lets go an adulterer or a thief, — should be fined the highest amercement.’

Śaṅkha-Likhita (Aparārka, p. 862). — ‘One who makes use of a forged document, or disobeys a royal edict, and deals with short weights and measures should suffer corporal punishment or cutting off of a limb.’

Katyāyana (Do.). — ‘One who tries to establish his case either by forged evidence or by means of a forged seal, should he fined with the highest amercement.’

 

 

VERSE 9.233

Section XXXI - Miscellaneous Punishments

 

तीरितं चानुशिष्टं च यत्र क्व चन यद् भवेत् ।
कृतं तद् धर्मतो विद्यान्न तद् भूयो निवर्तयेत् ॥२३३॥

tīritaṃ cānuśiṣṭaṃ ca yatra kva cana yad bhavet |
kṛtaṃ tad dharmato vidyānna tad bhūyo nivartayet ||233||

 

Whatever has been finally settled and whatever punishment has been inflicted, — he shall accept as lawfully done, and shall not annul it — (233)

 

Medhātithi’s commentary (manubhāṣya):

Whenever a transaction in the King’s Court has been ‘finally settled’, — the root ‘tīr’ (in ‘tirtam’) denoting completion, — i.e. definitely concluded, — not only verbally, but duly recorded; — as also ‘when a punishment has been inflicted’; — all this the king shall ‘accept as lawfully done, and shall not annul it’; — except in the case of the doubling of a fine, — which is thus recommended — ‘the king shall revise the case with a view to inflicting a double fine’. — (233)

 

Explanatory notes by Ganganath Jha:

“Medhātithi and Kullūka refer this prohibition to cases which have been properly decided in the King’s Courts, while Nārāyaṇa thinks that it applies to orders passed by former kings. — Nandana gives a different explanation of the words ‘tīritam’ and ‘anuśiṣṭam’...... according to which the former means ‘a cause or plaint declared to be just or unjust by the assessors,’ and the latter ‘a cause or plaint confirmed by witnesses’.” — (Buhler).

This verse is quoted in Smṛtitattva, (II, p. 231), which adds the following notes: — ‘Anuśiṣṭam,’ confirmed by witnesses and other evidence, and hence ‘tīritam,’ decided by the assessors; — such suit the king shall not reopen.

It is quoted in Mitākṣarā (2.306), which explains the meaning to be that the king shall not have a suit reopened simply with a view to exact a heavier fine; he may however have a decided suit reopened when the losing party applies for reconsideration and stipulates that he would be prepared to pay a double fine in the event of the suit being again decided against him.

It is quoted in Parāśaramādhava, (Vyavahāra, p. 161), which adds that the verse refers to cases where the finding of the Court has been accepted by the parties concerned; — in Kṛtyakalpataru (64b), which has the following notes — ‘Tīritam,’ decided and finished, — ‘anuśiṣṭam,’ deposed to by the witnesses , — ‘yatra kvacana,’ in the village-assembly or other places; — and in Vīramitrodaya (Vyavahāra 38b), which says 1,000 Paṇas are meant

 

Comparative notes by various authors:

(verses 9.233-234)

Yājñavalkya (2.305). — ‘The man who, though defeated in the suit, does not accept defeat, and comes forward again to contest the suit, should be again non-suited and fined double the amount of the suit.’

Do. (2.304). — ‘Those cases that have been wrongly decided, the King shall try again and punish each of the judges and the party in whose favour the case had been decided by them, with a fine double the amount of the suit.’

Nārada (Aparārka, p. 866). — ‘When a legal transaction has been completed and a punishment has been inflicted, — if a party feels that it has been illegally done, he should have the case re-tried, undertaking to pay double the fine previously inflicted upon him.’

Bṛhaspati (6.5). — ‘When a party does not feel satisfied with the decision arrived at by assemblies of kindreds or other agencies, the King should revise that decision and institute a fresh trial, if it should prove to have been unjust.’

Śukranīti (4.5.553). — ‘When a Minister or the judge decides a case contrary to the law, the King shall revise it and fine the judge one thousand.’

 

 

VERSE 9.234

Section XXXI - Miscellaneous Punishments

 

अमात्यः प्राग्विवाको वा यत् कुर्युः कार्यमन्यथा ?? ।
तत् स्वयं नृपतिः कुर्यात् तान् सहस्रं च दण्डयेत् ॥२३४॥

amātyaḥ prāgvivāko vā yat kuryuḥ kāryamanyathā ?? |
tat svayaṃ nṛpatiḥ kuryāt tān sahasraṃ ca daṇḍayet ||234||

 

If the councillors or the judge decide a case unfairly, that case the King himself shall revise and fine them one thousand. — (234)

 

Medhātithi’s commentary (manubhāṣya):

The confiscation of property laid down above (under 231) was in connection with the taking of bribes; the present text deals with the miscarriage of justice through ignorance or such other causes.

‘Councillors’ — representatives of the King.

‘He shall fine him one thousand’; — the sentence refers to the whole set of officers; just as by the sentence ‘the Gargas shall be fined one hundred’, the fine falls upon the whole community of ‘Gargas’. — (234)

 

Explanatory notes by Ganganath Jha:

“Medhātithi and Kullūka think that the rule refers to cases where the cause of the unjust decision is not a bribe, because the punishment of corrupt judges has been prescribed above, verse 231; — But Nārāyaṇa and Rāghavānanda think that it applies to cases of bribery also, and that the fine shall vary according to the nature of the case, 1,000 Paṇas being the lowest punishment.” — Buhler.

This verse is quoted in Kṛtyakalpataru (65a); — and in Vīramitrodaya (Vyavahāra 38b).

 

Comparative notes by various authors:

(verses 9.233-234)

See Comparative notes for Verse 9.234

 

 

VERSE 9.235 [Mortal Sins]

Section XXXII - Mortal Sins

 

ब्रह्महा च सुरापश्च स्तेयी च गुरुतल्पगः ।
एते सर्वे पृथग् ज्ञेया महापातकिनो नराः ॥२३५॥

brahmahā ca surāpaśca steyī ca gurutalpagaḥ |
ete sarve pṛthag jñeyā mahāpātakino narāḥ ||235||

 

The slayer of a Brāhmaṇa, the drinker of wine, the thief and the violator of the preceptor’s bed, — all these individually should be known as men who have committed heinous crimes. — (235)

 

Medhātithi’s commentary (manubhāṣya):

‘Drinker of wine’ — is a ‘heinous criminal’ only when he is a Brāhmaṇa.

‘Thief’ — i.e., one who has stolen gold from a Brāhmaṇa.

This is a reiteration of what has been already said before, made with a view to what follows. — (235)

 

Explanatory notes by Ganganath Jha:

‘Surāpaḥ.’ — Refers to the Brāhmaṇa only (Medhātithi), to the Kṣatriya and the Vaiśya also (Nārāyaṇa and Kullūka).

This verse is quoted in Vivādaratnākara (p. 634), which adds the following notes: — The ‘taskara’ here stands for the stealer of gold; — ‘pṛthak’, severally; — and in Vyavahāra-Bālambhaṭṭī (p. 116).

 

Comparative notes by various authors:

(verses 9.235-242)

Baudhāyana (1.18.18). — ‘In case a Brāhmaṇa has slain a Brāhmaṇa, has violated his guru’s bed, has stolen gold, or has drunk wine, — the King shall cause him to he branded with heated iron with the mark of a headless trunk, a female part, a jackal or the sign of the tavern on the forehead and banish him from his realm.’

Viṣṇu (5.1-8). — ‘Great criminals should all he put to death; — in the case of a Brāhmaṇa, no corporal punishment should he inflicted. — A Brāhmaṇa should he banished from his own country, his body having been branded. — For murdering another Brāhmaṇa, let a headless corpse be impressed on his forehead; — for drinking wine, the flag of a liquor-seller; — for stealing gold, a dog’s foot; — for incest, the mark of the female part. — If he has committed any other heinous crime, he shall he banished unhurt, with all his property.’

Bṛhaspati (Vivādaratnākara, p. 634). — ‘Even though he may have committed a heinous offence, the Brāhmaṇa should not he killed; he should he branded and banished with his head shaven.’

Yama (Do., 635). — ‘In the case of the Brāhmaṇa committing any of the four capital offences, his head shall be shaved and he shall he banished; and with a view to proclaiming his crime, he shall be paraded riding on a donkey; or he may be branded on the forehead.’

Nārada (Do.). — ‘In the case of the Brāhmaṇa committing any of the four capital offences, — violating the Guru’s bed, drinking wine, stealing gold, and killing a Brāhmaṇa, — for violating the Guru’s bed, he should he branded with the mark of the female part, — for drinking wine, with the flag of the wine-seller, — for stealing gold, with the mark of the dog’s foot, — for killing a Brāhmaṇa, the mark of a headless trunk shall be branded on his forehead; and no one should hold any converse with him; — such is the teaching of Manu.’

 

 

VERSE 9.236

Section XXXII - Mortal Sins

 

चतुर्णामपि चैतेषां प्रायश्चित्तमकुर्वताम् ।
शारीरं धनसंयुक्तं दण्डं धर्म्यं प्रकल्पयेत् ॥२३६॥

caturṇāmapi caiteṣāṃ prāyaścittamakurvatām |
śārīraṃ dhanasaṃyuktaṃ daṇḍaṃ dharmyaṃ prakalpayet ||236||

 

Even on all these four, if they do not perform the expiatory penance, the king shall inflict corporal punishment along with fine, in accordance with the law. — (236)

 

Medhātithi’s commentary (manubhāṣya):

Even though the Brāhmaṇa alone becomes a heinous criminal by drinking wine, yet even for him there is to be corporal punishment, — though no corporal punishment has been laid down for the Brāhmaṇa before this. This follows from the force laid upon the term ‘four’ in this verse.

Others, however, have explained this ‘corporal punishment’ as standing for branding; and this would be done in the ease of the Brāhmaṇa also.

Others again explain the particle ‘api’ as ‘even,’ and declare that the penalty here laid down is meant for all the five kinds of ‘heinous criminals;’ the construction being that — ‘this punishment is to be inflicted on even all these four, as also on the fifth, in the shape of the person associating with these four.’

For the crime of ‘Brāhmaṇa-slaying,’ ‘corporal punishment’ has been already laid down above, — in the rule that — ‘the king shall put to death those who kill a woman, an infant or a Brāhmaṇa.’

From what follows in the next verse it is clear that ‘corporal punishment’ here stands for branding.

‘According to the late’ — ‘he shall make due discrimination regarding the greater, or less seriousness of the crime.’ — (236)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 634); — and in Vyavahāra-Bālambhaṭṭī (p. 116).

 

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

 

 

VERSE 9.237

Section XXXII - Mortal Sins

 

गुरुतल्पे भगः कार्यः सुरापाने सुराध्वजः ।
स्तेये च श्वपदं कार्यं ब्रह्महण्यशिराः पुमान् ॥२३७॥

gurutalpe bhagaḥ kāryaḥ surāpāne surādhvajaḥ |
steye ca śvapadaṃ kāryaṃ brahmahaṇyaśirāḥ pumān ||237||

 

For violating the preceptor’s bed the sign of the female organ shall be branded; for drinking wine that of the tavern; for theft that of the dog’s foot; and for killing a Brāhmaṇa that of a headless man. — (297)

 

Medhātithi’s commentary (manubhāṣya):

From the prohibition of branding the forehead (in certain cases, contained in 240) — ‘People shall not be branded on the forehead,’ — it follows that the branding here laid down is to be done on the forehead. — (237)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 635) which adds that all this branding is to be done on the forehead; — in Mitākṣarā (2. 270), which adds that this is meant, for those cases where the culprit is unwilling to perform the prescribed expiation; — in Parāśaramādhava (Vyavahāra, p. 304), which also adds the same remark; — in the Aparārka (p. 842); — in Nṛsiṃhaprasāda (Vyavahāra 42b); — in Smṛtisāroddhāra (p. 329); — and in Vīramitrodaya (Vyavahāra 152b), which says that all this penalty is meant for those who refuse to undergo the prescribed expiations.

 

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

 

 

VERSE 9.238

Section XXXII - Mortal Sins

 

असम्भोज्या ह्यसंयाज्या असम्पाठ्याऽविवाहिनः ।
चरेयुः पृथिवीं दीनाः सर्वधर्मबहिष्कृताः ॥२३८॥

asambhojyā hyasaṃyājyā asampāṭhyā'vivāhinaḥ |
careyuḥ pṛthivīṃ dīnāḥ sarvadharmabahiṣkṛtāḥ ||238||

 

Debarred from entertainments, debarred from sacrifices, debarred from education, excluded from all religious acts, these shall wander over the earth; abject and despised. — (238)

 

Medhātithi’s commentary (manubhāṣya):

Exclusion from ‘all religious acts’ including exclusion from ‘entertainments’ and the rest also, those latter have been separately mentioned, with a view to indicate the seriousness of the offence.

‘Entertainments’ — dinner parties, musical parties and so forth.

‘Sacrifices’ — i.e, helping them to perform sacrifices.

Similarly with ‘education.’

If the muling is ‘asampāṭhyavigarhitāḥ’ — the compound would be ‘asampāṭhya and avigarhita,’ ‘excluded from education and undespised.’

‘Abject’ — i.e., even though possessed of wealth, they shall live on alms, and shall be clothed in rags and so forth (?). — (238)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 635), which adds the following notes: — ‘Asambhojyāḥ’, i.e., people should not join with them in any convivial gatherings; — ‘asampāṭhyāḥ’, they are unfit for teaching; — ‘asamyājyāḥ’, unfit for sacrificing; — ‘avivāhinaḥ’, not entitled to marry; — in Vyavahāra-Bālambhaṭṭī (p. 116); — and in Prāyaścittaviveka (p. 37), to the effect that one who has committed a ‘heinous’ crime is not entitled to any of the acts to which the twice-born are entitled.

 

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

 

 

VERSE 9.239

Section XXXII - Mortal Sins

 

ज्ञातिसम्बन्धिभिस्त्वेते त्यक्तव्याः कृतलक्षणाः ।
निर्दया निर्नमस्कारास्तन् मनोरनुशासनम् ॥२३९॥

jñātisambandhibhistvete tyaktavyāḥ kṛtalakṣaṇāḥ |
nirdayā nirnamaskārāstan manoranuśāsanam ||239||

 

Being branded, these shall be abandoned by Kinsmen and relations, deprived of all sympathy and greetings; — such is the teaching of manu. — (239)

 

Medhātithi’s commentary (manubhāṣya):

‘Branded.’ — This implies that branding must be done.

No sympathy shall be extended to them, even when struck by disease or other calamities. Even though they be endowed with seniority and other qualifications, they shall not be received with greetings or any marks of honour or welcome.

That such is the law is to be directly learnt from the words of the text itself. — (239)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 635), which adds the following notes: — ‘Jñāti’ are paternal relations; — ‘sambandhi’, maternal relations; — ‘kṛtalakṣaṇāḥ’, branded; — ‘nirdayāḥ’, undeserving of the sympathy of gentlemen, even when suffering from diseases; — ‘nirnamaskārāḥ,’ not deserving of salutations even though possessing seniority and such other qualifications.

 

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

 

 

VERSE 9.240

Section XXXII - Mortal Sins

 

प्रायश्चित्तं तु कुर्वाणाः सर्ववर्णा यथोदितम् ।
नाङ्क्या राज्ञा ललाटे स्युर्दाप्यास्तूत्तमसाहसम् ॥२४०॥

prāyaścittaṃ tu kurvāṇāḥ sarvavarṇā yathoditam |
nāṅkyā rājñā lalāṭe syurdāpyāstūttamasāhasam ||240||

 

But men of the senior castes, who perform the expiatory penances, as prescribed, shall not be branded on the forehead by the king; they shall be made to pay the highest amercement. — (240)

 

Medhātithi’s commentary (manubhāṣya):

‘Senior castes’ — All castes other than Śūdras. If they perform the prescribed expiatory penances, there is to be no branding; and their punishment shall consist of the ‘highest amercement;’ that is they should be made to pay a thousand ‘paṇas.’ — (240)

 

Explanatory notes by Ganganath Jha:

‘Uttama-sāhasam’ see 8.138.

This verse is quoted in Vivādaratnākara (p. 635); — in Vyavahāramayūkha (p. 102); — in Mitākṣarā, (under 2.270); — and again under 3.259, to the effect that the performance of expiatory rites is necessary even when the culprit has paid a fine for his guilt (the present text exonerating the man only from branding); — in Vyavāhāra-Bālambhāṭṭī (p. 117); — and in Prāyaścittaviveka (p. 120).

 

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

 

 

VERSE 9.241

Section XXXII - Mortal Sins

 

आगःसु ब्राह्मणस्यैव कार्यो मध्यमसाहसः ।
विवास्यो वा भवेद् राष्ट्रात् सद्रव्यः सपरिच्छदः ॥२४१॥

āgaḥsu brāhmaṇasyaiva kāryo madhyamasāhasaḥ |
vivāsyo vā bhaved rāṣṭrāt sadravyaḥ saparicchadaḥ ||241||

 

For offences committed by the Brāhmaṇa the middle-most amercement shall be inflicted on him; or he shall be banished from the kingdom, along with his goods and chattels. — (241)

 

Medhātithi’s commentary (manubhāṣya):

The condition of expiatory penances being performed does not apply to what is asserted here.

In the case of all these offences — of Brāhmaṇa-slaughter and the rest — the Brāhmaṇa shall be fined ‘the middle-most amercement’

The qualification ‘unintentionally’ of the next verse has to be construed with this also.

After he has paid the fine, he should be made to perform the expiatory penances.

‘Along with his goods and chattels.’ — This is a special favour to be granted in the case of highly qualified Brāhmaṇas.

In the case of the offence being unintentional, he may not be banished. — (241)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 635); — and in Vyavahāra-Bālambhaṭṭī (p. 117).

 

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

 

 

VERSE 9.242

Section XXXII - Mortal Sins

 

इतरे कृतवन्तस्तु पापान्येतान्यकामतः ।
सर्वस्वहारमर्हन्ति कामतस्तु प्रवासनम् ॥२४२॥

itare kṛtavantastu pāpānyetānyakāmataḥ |
sarvasvahāramarhanti kāmatastu pravāsanam ||242||

 

But others who have committed these offences unintentionally, deserve to have the entire property confiscated; and death, in the case of their being intentional. — (242)

 

Medhātithi’s commentary (manubhāṣya):

‘Others’ — the Kṣatriyas and other castes, — when they have committed ‘these offences’ — the most heinous crimes, — ‘unintentionally’ — without actually wishing it, — should have all their property confiscated.

Some people hold that this is another punishment laid down for those who have performed the expiatory penances, — alternative to the. one prescribed in the foregoing verse.

In the case of these crimes being committed ‘intentionally,’ death has been prescribed as the penalty.

In the case of the Śūdra, if the crime has been committed intentionally, there is to be ‘branding’ and ‘confiscation of the whole property’; and if it has been done intentionally, he shall be put to death. — (242)

 

Explanatory notes by Ganganath Jha:

Persons who perform no penance shall have their property confiscated if the crime was unintentional, and if it was intentional, they shall be banished also. (Nārāyaṇa and Nandana). — There is to be confiscation of the entire property only in very bad cases, instead of the fine of 1,000 Paṇas prescribed under 240. (Kullūka and Rāghavānanda).

‘Pravāsanam.’ — ‘Death’ (Medhātithi, Kullūka and, Nandana); ‘banishment’ (Nārāyaṇa and Rāghavānada, who criticise Medhātithi’s explanation).

This verse is quoted in Vivādaratnākara (p. 635); — and in Vyavahāra-Bālambhaṭṭī (p. 118).

 

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

 

 

VERSE 9.243 [Disposal of the Fine realised from the Worst Offenders]

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

 

नाददीत नृपः साधुर्महापातकिनो धनम् ।
आददानस्तु तत्लोभात् तेन दोषेण लिप्यते ॥२४३॥

nādadīta nṛpaḥ sādhurmahāpātakino dhanam |
ādadānastu tatlobhāt tena doṣeṇa lipyate ||243||

 

The righteous King shall not appropriate the property of the man guilty of a heinous crime; if, through greed, he takes it, he becomes tainted with that guilt. — (243)

 

Medhātithi’s commentary (manubhāṣya):

“It has been laid down that fines constitute one of the sources of income for the King; why then should it now be declared that he shall not appropriate such property?”

This has been explained under the text ‘Rājanirdhūta-daṇḍaḥ etc., etc.’ — (243)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 637); — in Vyavahāra-Bālambhaṭṭī (p. 1053); — and in Prāyaścittaviveka (p. 121), which says that what is forbidden is the confiscation of the property by the king for his own use, and not the taking of it for other purposes, such as is mentioned in the next verse.

 

Comparative notes by various authors:

(verses 9.243-246)

Yama (Vivādaratnākara, p. 638). — ‘Having confiscated the property of the outcast, the King shall have it handed over to the Assembly.’

 

 

VERSE 9.244

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

 

अप्सु प्रवेश्य तं दण्डं वरुणायोपपादयेत् ।
श्रुतवृत्तोपपन्ने वा ब्राह्मणे प्रतिपादयेत् ॥२४४॥

apsu praveśya taṃ daṇḍaṃ varuṇāyopapādayet |
śrutavṛttopapanne vā brāhmaṇe pratipādayet ||244||

 

He shall deposit such property in the water and offer it to Varuṇa, or bestow it on a Brāhmaṇa endowed with learning and character. — (244)

 

Medhātithi’s commentary (manubhāṣya):

‘This to Varuṇa’ — thinking thus in his mind, he shall deposit the fine in water; or bestow it upon a Brāhmaṇa equipped with learning and character. — (244)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 637); — in Vyavahāra-Bālambhaṭṭī (p. 1053); — and in Prāyaścittaviveka (p. 122), which says that the expiation here prescribed refers to the stealing of gold more than 16 māṣas in weight.

 

Comparative notes by various authors:

(verses 9.243-246)

See Comparative notes for Verse 9.243.

 

 

VERSE 9.245

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

 

ईशो दण्डस्य वरुणो राज्ञां दण्डधरो हि सः ।
ईशः सर्वस्य जगतो ब्राह्मणो वेदपारगः ॥२४५॥

īśo daṇḍasya varuṇo rājñāṃ daṇḍadharo hi saḥ |
īśaḥ sarvasya jagato brāhmaṇo vedapāragaḥ ||245||

 

Varuṇa i s the lord of punishment, as he holds the sceptre over the King; while the Brāhmaṇa, well versed in the Veda, is the lord of the whole world. — (245)

 

Medhātithi’s commentary (manubhāṣya):

This is a hortatory supplement to the foregoing injunction of the disposal of the fine.

Varuṇa is the lord of the fine imposed upon the worst offenders; since ‘he holds the sceptre over’ — is the leader, lord of, — Kings; similarly the Brāhmaṇa is the lord of their property. Consequently such property shall not be appropriated by the king. — (245)

 

Explanatory notes by Ganganath Jha:

Cf. Taittirīya Brāhmaṇa III, 1.2.7; also Manu 1.98-101.

This verse is quoted in Vivādaratnākara (p. 638); — and in Vyavahāra-Bālambhaṭṭī (p. 1053).

 

Comparative notes by various authors:

(verses 9.243-246)

See Comparative notes for Verse 9.243.

 

 

VERSE 9.246-247

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

 

यत्र वर्जयते राजा पापकृद्भ्यो धनागमम् ।
तत्र कालेन जायन्ते मानवा दीर्घजीविनः ॥२४६॥

निष्पद्यन्ते च सस्यानि यथोप्तानि विशां पृथक् ।
बालाश्च न प्रमीयन्ते विकृतं च न जायते ॥२४७॥

yatra varjayate rājā pāpakṛdbhyo dhanāgamam |
tatra kālena jāyante mānavā dīrghajīvinaḥ ||246||

niṣpadyante ca sasyāni yathoptāni viśāṃ pṛthak |
bālāśca na pramīyante vikṛtaṃ ca na jāyate ||247||

 

In a country where the King avoids the income of wealth from sinners, men are, in time, born to be long-lived — (246) the crops of husbandmen grow, according as they are sown; children do not die, and no mis-shaped child is born. — (247)

 

Medhātithi’s commentary (manubhāṣya):

(versess 9.246-247)

These declamatory assertions are well-known.

‘Are in time born’; — what is meant is also the present birth i.e., persons already born, or going to be born.

‘Misshaped’ — devoid of eyes, or of ears and so forth — (246-247)

 

Explanatory notes by Ganganath Jha:

(verses 9.246)

This verse is quoted in Vivādaratnākara (p. 638); — and in Vyavahāra-Bālambhaṭṭī (p. 1053).

(verse 9.247)

This verse is quoted in Vivādaratnākara (p. 638), which explains ‘vikṛtam’ as being maimed of hands, feet and so forth; — and in Vyavahāra-Bālambhaṭṭī (p. 1053).

 

Comparative notes by various authors:

(verses 9.243-246)

See Comparative notes for Verse 9.243.

 

 

VERSE 9.248

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

 

ब्राह्मणान् बाधमानं तु कामादवरवर्णजम् ।
हन्याच्चित्रैर्वधोपायैरुद्वेजनकरैर्नृपः ॥२४८॥

brāhmaṇān bādhamānaṃ tu kāmādavaravarṇajam |
hanyāccitrairvadhopāyairudvejanakarairnṛpaḥ ||248||

 

If a low-born person intentionally harasses a Brāhmaṇa, the King shall strike him with various terror-striking forms of corporal punishment. — (248)

 

Medhātithi’s commentary (manubhāṣya):

‘Low-born person’ — Śūdra.

‘Harassing’ consists in taking away the property, etc.

The various forms of corporal punishment such as beheading, branding, striking with the sword and so forth, — all of which are ‘terror striking,’ sources of long suffering — (248)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 396) as prescribing the punishment for one who harasses a Brāhmaṇa.

 

Comparative notes by various authors:

[See texts under 8.279-284.]

 

 

VERSE 9.249 [Punishment of the Not Guilty and acquitting of the Guilty]

Section XXXIV - Punishment of the Not Guilty and acquitting of the Guilty

 

यावानवध्यस्य वधे तावान् वध्यस्य मोक्षणे ।
अधर्मो नृपतेर्दृष्टो धर्मस्तु विनियच्छतः ॥२४९॥

yāvānavadhyasya vadhe tāvān vadhyasya mokṣaṇe |
adharmo nṛpaterdṛṣṭo dharmastu viniyacchataḥ ||249||

 

The sin incurred by the king in striking one who does not deserve it, is the same as that in acquitting one who deserves to be struck; but merit accrues to him if he chastises justly. — (249)

 

Medhātithi’s commentary (manubhāṣya):

The sin incurred by the king in punishing the innocent is equal to that incurred in acquitting the guilty, — in connection with the above-mentioned crimes.

The king receives taxes for fulfilling certain duties; if he fails to do these, he incurs sin; but the due fulfilment of these does not necessarily involve spiritual merit As for the declaration — ‘merit accrues to him, if he chastises justly’, — which speaks of merit accruing — all this is merely commendatory of the injunction regarding the fulfilment of one’s duties.

The teaching regarding ‘punishments’ is for the purpose of preventing crime; hence they shall be inflicted, according to law, by various methods of corporal punishment The declarations made in this connection pertain to the accomplishment of all such kingly duties as are conducive to temporal ends; e.g. the punishing of the ‘haughty’, the ‘warlike’ and so forth. And as the teaching pertains to visible ends, it is not the actual death-penalty that shall be inflicted in all cases. Hence if the intended chastisement is secured by other means, there would be nothing wrong in this. — (249)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 649), which explains ‘niyacchataḥ’ as ‘encompassing the punishment of the guilty and acquittal of the not guilty.’

 

Comparative notes by various authors:

Yājñavalkya (Vivādaratnākara, p. 649). — ‘The King who punishes those who deserve to he punished and protects those who are well-behaved, performs sacrifices where hundreds of thousands are given as the sacrificial fee. Punishment unjustly inflicted destroys both spiritual merit and fame; and when justly inflicted, it brings to the King heaven, fame and victory.’

Kātyāyana (Do., p. 650). — ‘King’s ministers incur terrible sin if they omit to chastise the sinners and punish those who are well-behaved.’

Vaśiṣṭha (Do.). — ‘If punishment is wrongly inflicted, the King should fast for one day, the priest for three days; or, if punishment is not inflicted on those who deserve it, the King shall fast for three days and the priest should perform the Kṛcchra penance.’

 

 

VERSE 9.250

Section XXXIV - Punishment of the Not Guilty and acquitting of the Guilty

 

उदितोऽयं विस्तरशो मिथो विवदमानयोः ।
अष्टादशसु मार्गेषु व्यवहारस्य निर्णयः ॥२५०॥

udito'yaṃ vistaraśo mitho vivadamānayoḥ |
aṣṭādaśasu mārgeṣu vyavahārasya nirṇayaḥ ||250||

 

This has been expounded at length-investigation of suits between two litigants, bearing upon the eighteen titles of dispute. — (250)

 

Medhātithi’s commentary (manubhāṣya):

This verse sums up the entire section on Law-suits. — (250)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 618).

 

 

VERSE 9.251 [Consolidation and Settlement of the Kingdom]

Section XXXV - Consolidation and Settlement of the Kingdom

 

एवं धर्म्याणि कार्याणि सम्यक् कुर्वन् महीपतिः ।
देशानलब्धान्लिप्सेत लब्धांश्च परिपालयेत् ॥२५१॥

evaṃ dharmyāṇi kāryāṇi samyak kurvan mahīpatiḥ |
deśānalabdhānlipseta labdhāṃśca paripālayet ||251||

 

The king thus duly doing his lawful work, may seek to acquire tracts of land not already acquired, and settle those already acquired. — (251)

 

Medhātithi’s commentary (manubhāṣya):

‘He may seek to acquire what he has not already acquired’, — i.e., he shall not remain contented with what he has already got. — (251)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 618).

 

 

VERSE 9.252

Section XXXV - Consolidation and Settlement of the Kingdom

 

सम्यग्निविष्टदेशस्तु कृतदुर्गश्च शास्त्रतः ।
कण्टकोद्धरणे नित्यमातिष्ठेद् यत्नमुत्तमम् ॥२५२॥

samyagniviṣṭadeśastu kṛtadurgaśca śāstrataḥ |
kaṇṭakoddharaṇe nityamātiṣṭhed yatnamuttamam ||252||

 

Having duly settled his kingdom, and having built forts according to the institutes, he shall apply his best efforts to the ‘removal of thorns.’ — (252)

 

Medhātithi’s commentary (manubhāṣya):

‘Settlement of the country’ and ‘building of forts’ as described under Discourse VII.; — having done these, the king shall remove the ‘thorns’; as this also is conducive to the ‘settlement’ of the Kingdom.

The term ‘thorn’ is applied to robbers and others who are a source of suffering to the people. — (252)

 

Explanatory notes by Ganganath Jha:

Cf 7.69-70.

 

Comparative notes by various authors:

[See under 7.69-70.]

 

 

VERSE 9.253

Section XXXV - Consolidation and Settlement of the Kingdom

 

रक्षनादार्यवृत्तानां कण्टकानां च शोधनात् ।
नरेन्द्रास्त्रिदिवं यान्ति प्रजापालनतत्पराः ॥२५३॥

rakṣanādāryavṛttānāṃ kaṇṭakānāṃ ca śodhanāt |
narendrāstridivaṃ yānti prajāpālanatatparāḥ ||253||

 

Kings, intent upon protecting the people, go to heaven, by protecting the Well-behaved and by removing the ‘thorns’ — (253)

 

Medhātithi’s commentary (manubhāṣya):

What has been indicated in the foregoing verse is now explained.

‘The well-behaved’ — those whose behaviour is right, — i.e., consists in doing what is sanctioned by the Scriptures and avoiding what is forbidden by them. The compound belongs to the ‘madhyamapadalopi’ — ellyptical — class. Thus are included all Vedic Scholars and the poor and destitute, who pay no taxes. So that by extending his protection over these men, it is only right that the king should go to heaven. In the case of other people, since the right of protection is purchased by the payment of taxes, the king incurs sin by neglecting it; as is going to be declared in the next verse ‘he falls off from heaven’. By repaying with protection what he receives in the form of taxes, the king is only saved from sin, and he does not obtain heaven.

Or the declaration regarding heaven may be based upon the due fulfilment of his duties, as already mentioned above.

Others have held the following opinion: — The declaration regarding the king going to heaven is purely declamatory. In fact the protecting of those who pay no taxes is also included in the king’s ‘functions’, since those people also form part of his ‘kingdom’, the protecting whereof forms the chief function of the king.

[So that for doing this also there can be no reward in the shape of Heaven]. Just as artisans, who ply their trade for a living, work for the king for one day during the month; — when they are made by the king to do his work,in lieu of his taxes; in the same manner the king also, who carries on his work for a living and engages himself in protecting the people, is made by the Scriptures to protect the well-behaved people, as an obligatory duty. Again the man who has laid the fires, prompted by the declaration of rewards, engages himself in obligatory rites, but not with a view to obtaining Heaven or any such rewards, — for the simple reason that such rites have not been prescribed as bringing about rewards; and yet they are duly performed. Exactly similar would be the case with the King’s action in protecting his whole Kingdom.

Thus all the declarations of rewards that there are, are to be regarded as purely declamatory; — as has been declared by Viṣṇusvāmin (?) — (253)

 

Explanatory notes by Ganganath Jha:

Cf. 8.307, 386-387.

 

Comparative notes by various authors:

(verses 9.253-255)

[See under 8.307, 386-387.]

Hārita (Vivādaratnākara, p. 294). — ‘If wicked robbers prosper in the kingdom, that sin, becoming magnified, destroys the very roots of the King.’

 

 

VERSE 9.254

Section XXXV - Consolidation and Settlement of the Kingdom

 

अशासंस्तस्करान् यस्तु बलिं गृह्णाति पार्थिवः ।
तस्य प्रक्षुभ्यते राष्ट्रं स्वर्गाच्च परिहीयते ॥२५४॥

aśāsaṃstaskarān yastu baliṃ gṛhṇāti pārthivaḥ |
tasya prakṣubhyate rāṣṭraṃ svargācca parihīyate ||254||

 

If a king does not repress thieves and yet receives his taxes, his kingdom becomes perturbed and he falls off from heaven. — (254)

 

Medhātithi’s commentary (manubhāṣya):

‘Repression’; — the punishment of thieves and others according to rules laid down in the Scriptures — by the inflicting of corporal and other forms of punishment; — without which the protection of the people is not possible.

Hence if the king receives taxes and yet fights shy of repressing thieves, he incurs the two dangers — in this world, trouble in his kingdom, and in the next, the loss of Heaven. It is only right that blame should attach to the King who receives taxes and yet does not repay it by service. — (254)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 294), which adds that the subject of ‘parihīyate’ is ‘rājā’, the king; — and in Vivādacintāmaṇi (Calcutta, p. 80), which says that ‘parihīyate’ is to be construed with ‘saḥ’ understood.

 

Comparative notes by various authors:

(verses 9.253-255)

[See under 8.307, 386-387.]

See Comparative notes for Verse 9.253.

 

 

VERSE 9.255

Section XXXV - Consolidation and Settlement of the Kingdom

 

निर्भयं तु भवेद् यस्य राष्ट्रं बाहुबलाश्रितम् ।
तस्य तद् वर्धते नित्यं सिच्यमान इव द्रुमः ॥२५५॥

nirbhayaṃ tu bhaved yasya rāṣṭraṃ bāhubalāśritam |
tasya tad vardhate nityaṃ sicyamāna iva drumaḥ ||255||

 

If however his kingdom, resting on the strength of his arms, is secure from danger, — it flourishes constantly, like a well-watered tree. — (255)

 

Medhātithi’s commentary (manubhāṣya):

What is already known is reiterated here, with reference to thieves. — (255)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 294).

 

Comparative notes by various authors:

(verses 9.253-255)

[See under 8.307, 386-387.]

See Comparative notes for Verse 9.253.

 

 

VERSE 9.256 [Who are ‘Thorns’ (kaṇṭaka)?]

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

 

द्विविधांस्तस्करान् विद्यात् परद्रव्यापहारकान् ।
प्रकाशांश्चाप्रकाशांश्च चारचक्षुर्महीपतिः ॥२५६॥

dvividhāṃstaskarān vidyāt paradravyāpahārakān |
prakāśāṃścāprakāśāṃśca cāracakṣurmahīpatiḥ ||256||

 

The spy-eyed king shall discover the two kinds of thieves who take away the property of other men, those that are ‘open’ and those ‘concealed’ — (256)

 

Medhātithi’s commentary (manubhāṣya):

Throughout the realm, hidden spies should find out all that pertains to the king’s business; and hence they are spoken of as his ‘eyes’, and the king called ‘spy-eyed’.

Though the action of the ‘open’ thief does not stand on the same footing as that of the ‘concealed’ one — such as those who prowl about at night in forests etc.’ — yet both have been mentioned together for the purpose of indicating the equality of the punishment to be meted out to them. — (256)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 289).

 

Comparative notes by various authors:

(verses 9.256-260)

Bṛhaspati (22, 2-5). — ‘Thieves are of two kinds: — open and secret. These are subdivided thousand-fold, according to their skill, ability and modus operandi. Fraudulent traders, quacks, gamblers, corrupt judges, those who accept bribes, cheats, persons posing as interpreters of omens or performers of propitiatory rites, mean artists, forgers, hired servants refusing to do their work, roguish umpires, perjured witnesses, and jugglers, — these are called open thieves. Housebreakers, highwaymen, robbers of bipeds and quadrupeds, stealers of clothes and such things, and stealers of grain, — these are secret thieves.’

Nārada (Theft, 1-5). — ‘Two kinds of robbers who steal the goods of others, have to be distinguished: — the one kind open and the other kind secret. Open rogues are those who forge measures and weights or receive bribes, robbers, gamblers, public prostitutes, those who roam about in disguise, those who make a living by teaching auspicious ceremonies, — these and such like persons are considered open rogues. Rogues acting in secret are those who roam in the woods, or he concealed, as well as those who make a profession of stealing. They attack and rob people who do not beware of them. Those who infest a country, a village, or a house, or disturb a sacrificial act, cut purses, and other persons of this sort also are considered to be secret rogues.’

 

 

VERSE 9.257

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

 

प्रकाशवञ्चकास्तेषां नानापण्योपजीविनः ।
प्रच्छन्नवञ्चकास्त्वेते ये स्तेनाटविकादयः ?? ॥२५७॥

prakāśavañcakāsteṣāṃ nānāpaṇyopajīvinaḥ |
pracchannavañcakāstvete ye stenāṭavikādayaḥ ?? ||257||

 

Of these, the ‘open’ cheats are those who make a living by dealing in various commodities, and the ‘concealed’ cheats are burglars, robbers in forests and so forth. — (257)

 

Medhātithi’s commentary (manubhāṣya):

There are some traders who rob people by having recourse to false weights and measures; then there are those that evade the export and import duties; all such traders belong to the class of ‘open cheats’.

‘Concealed cheats’ — are those burglars and robbers who rob people during the night and in forests and other desolate places. There are some again who rob people by attacking them with force.

These are not the only ‘thorns’; but also those that are going to be mentioned below. — (257)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 291), which has the following notes: — ‘Pracchannavañcakāḥ’, those who commit burglaries by breaking through walls and so forth; — ‘ātavyāḥ’, thieves who frequent the forests and commit thefts even during the day; — ‘ādi’ is meant to include the thief living in one’s neighbourhood and such others.

 

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

 

 

VERSE 9.258

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

 

उत्कोचकाश्चोपधिका वञ्चकाः कितवास्तथा ।
मङ्गलादेशवृत्ताश्च भद्राश्चैक्षणिकैः सह ॥२५८॥

utkocakāścopadhikā vañcakāḥ kitavāstathā |
maṅgalādeśavṛttāśca bhadrāścaikṣaṇikaiḥ saha ||258||

 

Those who take bribes, dissemblers, cheats and gamblers, fortune-tellers and palmists. — (258)

 

Medhātithi’s commentary (manubhāṣya):

Those who are addicted to taking bribes for doing some work for people, at the royal Court or with ministers etc.

‘Dissemblers.’ — efficient in the art of dissembling; saying one thing and doing another; openly professing love and secretly doing injury. These persons do not always accept anything; they simply win the confidence of men by means of such tricks as — having come to know that a certain business of the man is going to succeed, they go to them and say ‘I am going to do this work for you.’ They also make use of threats sometimes.

‘Gamblers’ — who carry on gambling as a means of adding to their income.

‘Cheats’ — those who mislead people; having promised to do a certain work, they do not do it; and having approached the people of the village, they adopt various methods to cheat them out of their properly. To this class belong the persons who are known as ‘Śivamādhavas’; they make Śiva or Viṣṇu the means of living.

‘Fortune-tellers’ — astrologers and foretellers; — or persons who approach rich men with such words as ‘for your sake I shall win the favour of Durgā or Sūrya or such other gods and goddesses,’ and making a living by it. Or, the term may stand for those who make a living by pronouncing the auspicious formula ‘May this be so.’

‘Palmists’ — who read the character of men from their palms. — (258)

 

Explanatory notes by Ganganath Jha:

‘Aupadhikāḥ’. — ‘Deceitful persons, who say one thing and do another’ (Medhātithi); — ‘those who extort money by threats’ (Kullūka and Rāghavānanda); — ‘those who cheat by using false weights and measures’ (Nārāyaṇa and Nandana).

‘Vañcakāḥ.’ — ‘Cheats, those who promise to do some thing but don’t do it’ (Medhātithi); — ‘those who pretend to change base metals into precious ones’ (Rāghavānanda and Kullūka); — ‘men who take money under false pretences’ (Nārāyaṇa).

‘Maṅgalādeśavṛttāḥ’. — ‘Astrologers and others who prescribe auspicious rites etc.’ (Medhātithi, Kullūka and Rāghavānanda); — ‘men who live by reciting auspicious hymns’ (Nārāyaṇa); — “those who pronounce the auspicious formula ‘be it so’.” (‘others’ in Medhātithi.)

‘Bhadrāprekṣaṇikāḥ’. — ‘Palmists who always praise the fortunes of others’ (Medhātithi); — Nārāyaṇa, reading ‘bhadrāścekṣaṇikāḥ’, explains ‘bhadrāḥ’ as ‘persons who tempt women’, and ‘īkṣanikāḥ’ as actors and the rest; — Kullūka and Rāghavānanda and Nandana adopt the same reading and explain ‘bhadrāḥ’ as ‘hyprocritical men who pose as pious men and cheat people’ and ‘īkṣaṇika’ as palmists.

This verse is quoted in Vivādaratnākara (p. 291), which adds the following explanations: — ‘Aikṣaṇika’ (which is its reading for ‘īkṣanika’), is that fortune-teller who makes money by making false agreeable predictions.

 

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

 

 

VERSE 9.259

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

 

असम्यक्कारिणश्चैव महामात्राश्चिकित्सकाः ।
शिल्पोपचारयुक्ताश्च निपुणाः पण्ययोषितः ॥२५९॥

asamyakkāriṇaścaiva mahāmātrāścikitsakāḥ |
śilpopacārayuktāśca nipuṇāḥ paṇyayoṣitaḥ ||259||

 

Misbehaving High officials and physicians, art-exhibitors, and clever harlots. — (259)

 

Medhātithi’s commentary (manubhāṣya):

‘High officials’ — Such as ministers, priests and other attendants of the king; — if they ‘misbehave,’ act improperly.

‘Physicians’ — Medical practitioners.

‘Art-exhibitors’ — Picture-painters, decorators, cooks and so forth; who show before people the product of their arts, and make a living by it.

‘Clever harlots’ — Those that can stimulate love. The epithet ‘misbehaving’ goes with all the terms. — (259)

 

Explanatory notes by Ganganath Jha:

‘Mahāmātra’. — ‘Courtiers’ (Medhātithi); — ‘Ministers’ (Nārāyaṇa); — ‘elephant-drivers’ (Kullūka).

‘Śilpopacārayuktāḥ’. — ‘Men living by such arts as painting and the like’ (Medhātithi and Kullūka); — Nārāyaṇa and Nandana, read ‘śilpopakārayuktāḥ’ and explain it as people living by śilpa, the arte of painting and the rest, and by upakāra, hairdressing and other arts of the toilet; Nandana explains it as ‘umbrella and fanmakers’.

This verse is quoted in Vivādaratnākara, (p. 291), which adds the following notes: — ‘Asamyak-kāriṇaḥ,’ who obtained their wages without honestly working for it; — ‘mahāmātrāḥ,’ chief officers of the king who act dishonestly (asamyak-kāriṇaḥ) through avarice.

 

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

 

 

VERSE 9.260

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

 

एवमादीन् विजानीयात् प्रकाशांल्लोककण्टकान् ।
निगूढचारिणश्चान्याननार्यानार्यलिङ्गिनः ॥२६०॥

evamādīn vijānīyāt prakāśāṃllokakaṇṭakān |
nigūḍhacāriṇaścānyānanāryānāryaliṅginaḥ ||260||

 

These and others of the same kind one should know as the open ‘thorns’ of the people; and others, who are rogues in the guise of gentlemen, as ‘dissemblers.’ — (260)

 

Medhātithi’s commentary (manubhāṣya):

‘Others of the same kind’ — It is not possible to enumerate each and every kind of rogue addicted to robbing other persons; hence this phrase; — e.g., there is one class of men who come and tell a man who is stricken with a certain woman that she is in love with him, though in reality she hates him; and another who, though not a servant, behaves as if he were one, and thus robs a simple-minded man of his gold; others again who flatter the foolish rich with such words as ‘you are Brahmā,’ ‘you are Bṛhaspati’ and cheat them out of their riches; telling him — ‘ kindly give me such and such a thing, I shall repay it in a few days’; and as soon as their business is accomplished, they become scarce, and hitherto smooth-tongued, become harsh. — (260)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 291), which explains ‘anāryānāryaliṅginaḥ’ as ‘persons who, while not being real religious students, pretend to be such and make money by it’.

 

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

 

 

VERSE 9.261 [Detection of Criminals]

Section XXXVII - Detection of Criminals

 

तान् विदित्वा सुचरितैर्गूढैस्तत्कर्मकारिभिः ।
चारैश्चानेकसंस्थानैः प्रोत्साद्य वशमानयेत् ॥२६१॥

tān viditvā sucaritairgūḍhaistatkarmakāribhiḥ |
cāraiścānekasaṃsthānaiḥ protsādya vaśamānayet ||261||

 

Having discovered them through well-behaved and disguised men following the same occupations, as also through spies variously disguised, he shall exterminate them and bring them under his control. — (261)

 

Medhātithi’s commentary (manubhāṣya):

‘Those following the same occupations.’ — Persons who may have been addicted to ‘robbery’ etc., in the past, or who may he asked to do it even at the present time, with a view to become included in the gang and thereby learn their secrets and report them to the King; and also through spies variously disguised. — (261)

 

Explanatory notes by Ganganath Jha:

‘Protsādya’. — Nārāyaṇa and Govindarāja read ‘protsāhya’ and explain it as ‘causing them to be instigated’; — Rāghavānanda, who adopts the same reading, explains it as “having inspired them with energy, by saying ‘you must give up this livelihood and earn money by agriculture, trade and other lawful means’.”

‘Anekasaṃsthānaiḥ’. — ‘Wearing various disguises’ (Nārāyaṇa and Nandana); — ‘stationed in various places’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 293).

 

Comparative notes by various authors:

(verses 9.261-263)

Kāmandaka (6.10-13). — ‘A monarch having adequately determined the guilt of the wicked persons who have incurred public displeasure, should do away with them without the least delay, by underhand measures. The King should invite the offender to meet him in a secret chamber; when the man has entered the chamber, he should be followed by certain menials with arms hidden about their person, who had been previously instructed. Thereupon the royal door-keepers would enter and under the pretence of suspecting them, should search their persons; and finding the hidden arms openly accuse the offender with having hired these men for assassinating the King. In this manner, imputing crimes to the offenders, the King shall, for the satisfaction of his subjects, weed out the thorns from his realm.’

Arthaśāstra (p. 135). — ‘Spies disguised as ascetics, renunciates, mendicants, bards and so forth should be employed by the King to find out the wickedness or otherwise of the people and the King’s officers. If there is any one whom he suspects of dishonest ways of life, the King shall have him shadowed by a man of the same caste; when this latter has won the man’s confidence, — who for example is a judge — he should address him these words — “Such and such a relation of mine has been accused of an offence, do please save him from the danger, and here accept this money for the purpose.” If the judge falls into the trap and accepts the bribe, he should be banished by the King as one addicted to dishonesty.’

Brhaṣpati (22.6). — ‘Thieves or robbers, having been found out by the King’s servants, either by associating with them, or through marks of their criminality, or by their possessing the stolen goods, they shall be compelled to restore the plunder and shall be visited with punishments ordained by the law.’

Nārada (Vivādaratnākara, p. 293). — ‘Having found out the thieves and robbers through clever spies conversant with the methods adopted by criminals, the King shall follow them up and have them arrested by secretly instructed spies.’

Do. (Theft: 61). — ‘As governor, the King shall extirpate the evil-doers, after having traced them by the application of cunning stratagems and arrested them.’

 

 

VERSE 9.262

Section XXXVII - Detection of Criminals

 

तेषां दोषानभिख्याप्य स्वे स्वे कर्मणि तत्त्वतः ।
कुर्वीत शासनं राजा सम्यक् सारापराधतः ॥२६२॥

teṣāṃ doṣānabhikhyāpya sve sve karmaṇi tattvataḥ |
kurvīta śāsanaṃ rājā samyak sārāparādhataḥ ||262||

 

Having truly proclaimed their crimes in connection with their respective acts, the king shall duly inflict punishment on them, in accordance with their crimes and capacities. — (262)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 293), which adds the following notes: — ‘Abhikhyāpya,’ having got it proclaimed by the people; — ‘sāra’ stands for the stolen property; hence the meaning is that the king should inflict the punishment in accordance with the nature of the property stolen; — and in Vivādacintāmaṇi (Calcutta, p. 79), which explains ‘teṣām,’ as ‘of the thieves,’ and adds the explanation that ‘the king should inflict punishment in accordance with the quality of the property stolen’.

 

Comparative notes by various authors:

(verses 9.261-263)

See Comparative notes for Verse 9.261.

 

 

VERSE 9.263

Section XXXVII - Detection of Criminals

 

न हि दण्डाद् ऋते शक्यः कर्तुं पापविनिग्रहः ।
स्तेनानां पापबुद्धीनां निभृतं चरतां क्षितौ ॥२६३॥

na hi daṇḍād ṛte śakyaḥ kartuṃ pāpavinigrahaḥ |
stenānāṃ pāpabuddhīnāṃ nibhṛtaṃ caratāṃ kṣitau ||263||

 

The crimes of evil-minded thieves secretly prowling over the earth cannot be suppressed without punishment. — (263)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 293), which adds the following notes: — ‘Pāpavinigrahaḥ,’ prevention of theft; — ‘pāpabuddhīnām,’ people who are by nature inclined to be sinful; — ‘nibhṛtam,’ secretly.

 

Comparative notes by various authors:

(verses 9.261-263)

See Comparative notes for Verse 9.261.

 

 

VERSE 9.264-266

Section XXXVII - Detection of Criminals

 

सभाप्रपाऽपूपशालावेशमद्यान्नविक्रयाः ।
चतुष्पथांश्चैत्यवृक्षाः समाजाः प्रेक्षणानि च ॥२६४॥

जीर्णोद्यानान्यरण्यानि कारुकावेशनानि च ।
शून्यानि चाप्यगाराणि वनान्युपवनानि च ॥२६५॥

एवंविधान्नृपो देशान् गुल्मैः स्थावरजङ्गमैः ।
तस्करप्रतिषेधार्थं चारैश्चाप्यनुचारयेत् ॥२६६॥

sabhāprapā'pūpaśālāveśamadyānnavikrayāḥ |
catuṣpathāṃścaityavṛkṣāḥ samājāḥ prekṣaṇāni ca ||264||

jīrṇodyānānyaraṇyāni kārukāveśanāni ca |
śūnyāni cāpyagārāṇi vanānyupavanāni ca ||265||

evaṃvidhānnṛpo deśān gulmaiḥ sthāvarajaṅgamaiḥ |
taskarapratiṣedhārthaṃ cāraiścāpyanucārayet ||266||

 

Assembly-rooms, water-drinking booths, sweetmeat shops, brothels, taverns and victualler’s shops, cross-roads, trees of worship, festive gatherings and theatres; — (264)

Old gardens, forests, shops of artisans, uninhabited houses, groves and gardens; — (265) — these and similar places the king shall cause to be guarded by companies of soldiers, stationary as well as patrolling, and also by spies, — in order to keep away thieves. — (266)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

 

Explanatory notes by Ganganath Jha:

(verse 9.264)

This verse is quoted in Vivādaratnākara (p. 336), which adds the following notes: — ‘Apūpaśālā’ is the place where cakes are sold; — ‘veśa,’ the house of the prostitute; — ‘madyānnavikraya,’ places where wines and grains are sold; — ‘caityavṛkṣa,’ large tree; — ‘samāja,’ must be taken as standing for assemblages other than the ordinary ‘sabhā’ or meeting place, this latter having been already mentioned; such other assemblages also are likely to be frequented by thieves; — ‘prekṣaṇa’ are places of dancing and other amusements.

It is quoted in Aparārka (p. 841).

(verse 9.265)

This verse is quoted in Aparārka (p. 841); — and in Vivādaratnākara (p. 336), which explains ‘Kārukāveśanāni’ as the shops of artisans.

(verse 9.266)

This verse is quoted in Aparārka (p. 841); — and in Vivādaratnākara (p. 336), which adds the following notes: — ‘Gulmaiḥ’, companies of soldiers; — these are qualified by the epithet ‘sthāvarajaṅgamaiḥ’; the meaning thus is ‘by companies of soldiers, located in a fixed place; as well as, operating in moving columns’; — ‘cāraiḥ etc.,’ for the prevention of theft the king should have all possible haunts of thieves watched by spies.

 

Comparative notes by various authors:

(verses 9.264-269)

Nārada (Vivādaratnākara, pp. 335 and 337). — ‘The King shall search for thieves on roads passing on boundaries, and in places inhabited by dishonest men as bad as thieves; he shall make a search in villages through Caṇḍālas and executioners and other persons who may he in the habit of moving about at night...... He shall have the thieves shadowed by variously disguised spies clover in the art of catching thieves, and other trustworthy persons. These spies shall employ by gifts those who have been thieves in the past, and with the advice of these men, they shall arrange to meet the thieves. If some of these do not come to meet them, they shall be at once arrested along with their sons and relations.’

 

 

VERSE 9.267

Section XXXVII - Detection of Criminals

 

तत्सहायैरनुगतैर्नानाकर्मप्रवेदिभिः ।
विद्यादुत्सादयेच्चैव निपुणैः पूर्वतस्करैः ॥२६७॥

tatsahāyairanugatairnānākarmapravedibhiḥ |
vidyādutsādayeccaiva nipuṇaiḥ pūrvataskaraiḥ ||267||

 

He shall detect and exterminate them by means of clever reformed thieves, who associate with them, follow them and become apprised of their machinations. — (267)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

 

Explanatory notes by Ganganath Jha:

‘Utsādayet’. — Govindarāja and Nārāyaṇa read ‘utsāhayet’ ‘should incite them to commit crimes’.

 

Comparative notes by various authors:

(verses 9.264-269)

See Comparative notes for Verse 9.264-266.

 

 

VERSE 9.268 [Treatment of Criminals and their Punishment]

Section XXXVIII - Treatment of Criminals and their Punishment

 

भक्ष्यभोज्योपदेशैश्च ब्राह्मणानां च दर्शनैः ।
शौर्यकर्मापदेशैश्च कुर्युस्तेषां समागमम् ॥२६८॥

bhakṣyabhojyopadeśaiśca brāhmaṇānāṃ ca darśanaiḥ |
śauryakarmāpadeśaiśca kuryusteṣāṃ samāgamam ||268||

 

They shall bring them together by means of offers of food and drink, by introducing to Brāhmaṇas, and by exhibition of martial feats. — (268)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

 

Comparative notes by various authors:

(verses 9.264-269)

See Comparative notes for Verse 9.264-266.

 

 

VERSE 9.269

Section XXXVIII - Treatment of Criminals and their Punishment

 

ये तत्र नोपसर्पेयुर्मूलप्रणिहिताश्च ये ।
तान् प्रसह्य नृपो हन्यात् समित्रज्ञातिबान्धवान् ॥२६९॥

ye tatra nopasarpeyurmūlapraṇihitāśca ye |
tān prasahya nṛpo hanyāt samitrajñātibāndhavān ||269||

 

Those among them who do not come, and those who are careful in their dealings with the older men, — these the king shall attack by force and destroy, along with their friends, kinsmen and relations. — (209)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

 

Explanatory notes by Ganganath Jha:

‘Mūlapraṇihitāḥ’. — ‘Who suspect the old thieves employed by the king’ (Kullūka and Rāghavānanda); — ‘who have been sent by ministers and others staying in his kingdom’ (Nārāyaṇa); — ‘who have discovered the root, i.e., the reasons of the proceedings of the spies’ (Nandana).

 

Comparative notes by various authors:

(verses 9.264-269)

See Comparative notes for Verse 9.264-266.

 

 

VERSE 9.270

Section XXXVIII - Treatment of Criminals and their Punishment

 

न होढेन विना चौरं घातयेद् धार्मिको नृपः ।
सहोढं सोपकरणं घातयेदविचारयन् ॥२७०॥

na hoḍhena vinā cauraṃ ghātayed dhārmiko nṛpaḥ |
sahoḍhaṃ sopakaraṇaṃ ghātayedavicārayan ||270||

 

The righteous king shall not put a thief to death unless caught with the stolen goods; when however one is caught with the stolen goods, and the implements of burglary, he may, without hesitation, put him to death. — (270)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Aparārka (p. 849), which explains ‘hoḍham’ as ‘stolen property — and ‘upakaraṇam’ as implements of thieving.

 

Comparative notes by various authors:

Kātyāyana (Aparārka, p. 849). — ‘Whether the man has, or has not, been found in possession of the stolen goods, if his crime has been established by evidence, he shall have his limbs cut off and then banished.’

Nārada (Theft: 8-11). — ‘Those on whom the stolen goods have been seized, the King should examine, when they have been arrested on suspicion; their fear having been excited, they shall depose truthfully regarding the facts of the case. When questions are put to them their face changes colour, or the voice falters,...... when they are found to have been previously convicted of larceny, or when there is documentary evidence against them; it is by all these means that they should be convicted as thieves, and not merely by being in possession of the stolen goods.’

 

 

VERSE 9.271

Section XXXVIII - Treatment of Criminals and their Punishment

 

ग्रामेष्वपि च ये के चिच्चौराणां भक्तदायकाः ।
भाण्डावकाशदाश्चैव सर्वांस्तानपि घातयेत् ॥२७१॥

grāmeṣvapi ca ye ke ciccaurāṇāṃ bhaktadāyakāḥ |
bhāṇḍāvakāśadāścaiva sarvāṃstānapi ghātayet ||271||

 

He shall also strike all those in a village who supply food for thieves or provide room for the goods. — (271)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

 

Explanatory notes by Ganganath Jha:

‘Bhāṇḍāvakaśadāḥ’ — ‘Who give them room for concealing their implements’ (Kullūka); — ‘who give them money for buying arms and other things, as also other shelter’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 849); — in Vivādaratnākara (p. 388), which adds the following notes: — ‘Bhakta’, cooked food; — ‘bhāṇḍa’, thieving implements other than arms; — ‘avakāśa’ sheltering place; — and in Vyavahārara-Bālambhaṭṭī (p. 991).

 

Comparative notes by various authors:

[See Manu 2.278.]

Yājñavalkya (2.276). — ‘If a man is found to have knowingly supplied to the thief or the robber with food or lodging, or fire, or water, or advice, or implements, or expenses, he shall be punished with the highest amercement.’

Gautama (Aparārka, p. 850). — ‘The man who advises the thief, or knowingly receives the stolen goods, is equal to the thief.’

Kātyāyana (Vivādaratnākara, p. 340), — ‘Those who buy the vessels or receive the stolen goods, or those who hide the thieves, are declared to be subject to the same punishments as the thieves themselves.’

Viṣṇu (Do.). — ‘The King shall put to death those who supply thieves with food and lodging.’

Nārada (14.19). — ‘Those who give food or shelter to thieves seeking refuge with them, or who suffer them to escape, though able to arrest them, partake of the crime themselves.’

Do. (Theft: 13-14). — ‘Those who give food to thieves, as well as those who supply them with fire or water, or who give shelter, or show the way to them, or make their defence, or who buy their goods, or receive their goods, or those who hide them are held to be as punishable as the thieves themselves.’

 

 

VERSE 9.272

Section XXXVIII - Treatment of Criminals and their Punishment

 

राष्ट्रेषु रक्षाधिकृतान् सामन्तांश्चैव चोदितान् ।
अभ्याघातेषु मध्यस्थाञ् शिष्याच्चौरानिव द्रुतम् ॥२७२॥

rāṣṭreṣu rakṣādhikṛtān sāmantāṃścaiva coditān |
abhyāghāteṣu madhyasthāñ śiṣyāccaurāniva drutam ||272||

 

If those persons who are entrusted with the work of guarding the realm, and those vassals who have been ordered to assist, should remain neutral during the raids (against thieves), the king shall punish them speedily, like thieves. — (272)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 850); — in Vivādaratnākara (p. 341), which adds the following notes: — ‘Rāṣṭrādhikṛtān’ i.e., inhabitants of the village; — ‘deśitān’, deputed to guard the village; — ‘madhyasthān’, those men who are looking on while people are being robbed by thieves and harassed; — all these the king shall punish like thieves; — in Vyvahāra-Bālambhaṭṭī (p. 991); — and in Vivādacintāmaṇi (Calcutta, p. 93).

 

Comparative notes by various authors:

Nārada (Theft: 15-18). — ‘Those who are the governors in the principality, and the neighbours called in to save life and property are reckoned as equal to thieves when they stand neutral during the attack (by robbers). He on whose ground a robbery has been committed must trace the thieves to the best of his power, or else he must make good what has been stolen, unless the foot-prints can be traced from that ground to another man’s ground; when the foot-prints cannot be traced any further, the neighbours, road-inspectors and governors of that region shall be made responsible for the loss. When a bouse has been plundered, the King shall cause the detectives, the guards and the inhabitants of that region to make good the loss, if the thief is not caught.’

 

 

VERSE 9.273

Section XXXVIII - Treatment of Criminals and their Punishment

 

यश्चापि धर्मसमयात् प्रच्युतो धर्मजीवनः ।
दण्डेनैव तमप्योषेत् स्वकाद् धर्माद् हि विच्युतम् ॥२७३॥

yaścāpi dharmasamayāt pracyuto dharmajīvanaḥ |
daṇḍenaiva tamapyoṣet svakād dharmād hi vicyutam ||273||

 

If one who subsists on religion deviates from religious ordinances, he shall punish him severely by a fine, — fallen as he is from his duty. — (273)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 625), which adds the following notes: — ‘Samaya’, scriptural conventions; — ‘dharmajīvanaḥ’ Brāhmaṇa and the rest; — ‘āploṣet’, should bum i.e., inflict pain; — and in Vyavahāra-Bālambhaṭṭī (p. 991).

 

 

VERSE 9.274

Section XXXVIII - Treatment of Criminals and their Punishment

 

ग्रामघाते हिताभङ्गे पथि मोषाभिदर्शने ।
शक्तितो नाभिधावन्तो निर्वास्याः सपरिच्छदाः ॥२७४॥

grāmaghāte hitābhaṅge pathi moṣābhidarśane |
śaktito nābhidhāvanto nirvāsyāḥ saparicchadāḥ ||274||

 

If people do not hasten to assist, to the best of their power, whenever a village is attacked, or a dyke is breaking, or a highway robbery is being committed, — they should be banished along with their chattels. — (274)

 

Medhātithi’s commentary (manubhāṣya):

If the men concerned are capable of rendering help, but desist, through laziness or some such cause, — they should be banished.

Those however who may have entered into some compact with the thieves, shall be put to death, as already laid down (under 269).

‘Chattels’ — cows, horses and so forth All this also shall be sent away, and not confiscated. They should not be deprived of their cattle, though their wealth may be confiscated. — (274)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in ‘Aparārka’ (p. 850), which explains ‘hiḍabhaṅge’ (which is its reading for ‘hitābhaṅge’ as the destroying of crops in a field belonging to others; — in Vivādaratnākara (p. 341), which adds the following notes — ‘Grāmaghāte’ during village disturbances; — ‘hitabhaṅge’, the breaking of dams set up for the protection of crops; — ‘moṣābhidarśana’, looking on theft being committed; — ‘nivāṣyāḥ’, should be banished from the country; — ‘saparichadāḥ’, along with their families and belongings; — and in Vyavahāra-Bālambhaṭṭī (p. 991).

 

Comparative notes by various authors:

[See texts under 272.]

Viṣṇu (5.74) — ‘The double punishment is likewise ordained for those who do not give assistance to one calling for help, though they happen to he on the spot, or who run away after having approached it.’

Nārada (Aparārka, p. 850). — ‘When people are crying for help when some one is being forcibly carried away, — if one, on hearing the cry, does not go forward to help, he shall partake of the crime.’

 

 

VERSE 9.275

Section XXXVIII - Treatment of Criminals and their Punishment

 

राज्ञः कोशापहर्तॄंश्च प्रतिकूलेषु च स्थितान् ।
घातयेद् विविधैर्दण्डैररीणां चोपजापकान् ॥२७५॥

rājñaḥ kośāpahartṝṃśca pratikūleṣu ca sthitān |
ghātayed vividhairdaṇḍairarīṇāṃ copajāpakān ||275||

 

Those who rob the king’s treasuries and those who are disaffected towards him, as also those who conspire with his enemies, — the king shall strike with various forms of punishment. — (275)

 

Medhātithi’s commentary (manubhāṣya):

‘Treasury’ — the place where the king’s riches are stored; those who rob this are to be put to death, irrespectively of the quality or quantity of the property stolen.

Those also who behave disaffectedly towards him; — for instance, those who obstruct the king’s attempts to import such rare foreign articles, as the coal-black horse which is rare for Easterners, or the elephant, which is rare for the Northerners, — or try to turn his friends into enemies, and try to bring about an alliance of these with his enemies, — and thus ‘conspire with his enemies’ — and egg them on; — these he shall put to death.

It has been already explained that since the penalty is meant for the accomplishment of a definite purpose of the King, it need not always be actual death. — (275)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 853), which notes that ‘rājñaḥ’ is to be construed with each of the other terms; — again on p. 864, it adds the following notes: — ‘Upajāpakāḥ’ supporters, — ‘Vividhaiḥ daṇḍaiḥ’ i.e. every form of punishment should be inflicted in accordance with the nature of the offence.

It is quoted in Mitākṣarā (2.302), which explains ‘vividhaiḥ daṇḍaiḥ’ as ‘such penalties as confiscation of the entire property, cutting off of limbs and death;’ — in Vivādaratnākara (p. 367), which explains ‘koṣa’ as the ‘king’s amassed wealth’, — and ‘upajāpakān’ as persons creating dissension in the kingdom (among the soldiers, ‘virāṇām’ which is its reading for ‘arīṇām’); — in Vyavahāramayūkha (p. 110); — in Parāśaramādhava (Vyavahara, p. 395); — in Vyavahāra-Bālambhaṭṭī (p. 991); — and in Vīramitrodaya (Vyavahāra 225b).

 

Comparative notes by various authors:

Kātyāyana (Vivādaratnākara, p. 368). — ‘Those who are addicted to amusements reserved for the King, those who take upon themselves the functions of the King, and those who talk ill of the King, all these shall suffer corporal punishment. — Those who assume the appearance of the King, those who amuse themselves during the hours of work, those who extort exorbitant taxes, and those who steal the King’s wealth, — should suffer diverse forms of corporal punishment.’

Viṣṇu (Do., p. 369). — ‘Those who, not belonging to the royal family, seek to obtain the kingdom should be put to death.’

Vyāsa (Parāśaramādhava-Vyavahāra, p. 395). — ‘Those Judges who, on receiving bribes, decide a case unjustly, those who injure the King’s property, those who live on bribes, — these the King shall banish, after having confiscated all their property.’

 

 

VERSE 9.276-277

Section XXXVIII - Treatment of Criminals and their Punishment

 

सन्धिं छित्त्वा तु ये चौर्यं रात्रौ कुर्वन्ति तस्कराः ।
तेषां छित्त्वा नृपो हस्तौ तीक्ष्णे शूले निवेशयेत् ॥२७६॥

अङ्गुलीर्ग्रन्थिभेदस्य छेदयेत् प्रथमे ग्रहे ।
द्वितीये हस्तचरणौ तृतीये वधमर्हति ॥२७७॥

sandhiṃ chittvā tu ye cauryaṃ rātrau kurvanti taskarāḥ |
teṣāṃ chittvā nṛpo hastau tīkṣṇe śūle niveśayet ||276||

aṅgulīrgranthibhedasya chedayet prathame grahe |
dvitīye hastacaraṇau tṛtīye vadhamarhati ||277||

 

If thieves commit thefts at night, after breaking into a house, the king shall cut off their hands and have them impaled on a pointed stake; — (276) on the first conviction he should have two fingers of the cut-purse amputated; on the second a hand and a foot; and on the third he should be put to death. — (277)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.276-277)

‘Cut-purse’ — one who cuts out a purse; i.e., the opening of knots or bundles of cloth. Or the name ‘cut-purse’ may apply to those persons who are bent upon slinking away, on some pretext, with the property that has been stolen, — after loosening the knots with which he may have been bound.

When such a man has been detected in doing this for the first time, his fingers shall be cut off; on the second occasion a hand and a foot; and on the third, he shall suffer death. — (276-277)

 

Explanatory notes by Ganganath Jha:

(verse 9.276)

This verse is quoted in Mitākṣarā (2. 275), as illustrating the principle that the severity of the penalty is to be determined by the seriousness of the offence; — in Aparārka (p. 845), which explains the meaning to be that the nails are to he fixed on the points where the two hands have been cut off; — in Vivādaratnākara (p. 316), which adds that when construed with ‘śūle niveśayet’, ‘teṣām’ is to be taken as ‘tān’; — in Vivādacintāmaṇi (Calcutta, p. 86); — and in Vīramitrodaya (Vyavahāra 151b).

(verse 9.277)

‘Aṅgulīḥ’ — Rāghavānanda reads ‘aṅgulī’ (Dual) and explains that the thumb and the index-finger are meant; — the same view is held by Kullūka also; — according to Nandana, the ‘two fingers’ are the index and the middle fingers, — Medhātithi adopts the reading in the plural.

This verse is quoted in Vivādaratnākara (p. 321), which reads ‘aṅgulī’ (Dual) and explains it as the thumb and the index finger; — ‘graha’, detection; — in Parāśaramādhava (Vyavahāra, p. 302), which explains the ‘two fingers’ as the thumb and the index finger; — in Aparārka (p. 845); — in Mitākṣarā (2. 274) to the effect that a pickpocket detected thrice should be put to death; — in Vivādacintāmaṇi (Calcutta, p. 87), which adds the following explanations — ‘If one is detected in untying cattle for stealing it, then, if it is the first offence of its kind, his fingers should be cut off, in the second offence, his hands and feet, and in the third, death-penalty is to be inflicted; — and in Nṛṣiṃhaprasāda (Vyavahāra 42b).

 

Comparative notes by various authors:

(verse 9.276)

Yājñavalkya (2.270). — ‘The thief should he made to restore the stolen goods and to suffer various forms of corporal punishment.’

Vyāsa (Vivādaratnākara, p. 316). — ‘If a man cuts a hole in the wall and steals wealth, he should be made to restore to the owner the stolen goods and should then be impaled.’

(verse 9.277)

Viṣṇu (5.136). — ‘Cut-purses shall lose one hand.’

Yāñjavalkya (2.274). — ‘The pick-pocket and the cut-purse should be deprived of their picking fingers (thumb and index), for the first offence; on the second they should be deprived of one hand and one foot.’

Vyāsa (Vivādaratnākara, p. 321). — ‘The pick-pocket and the cut-purse should be deprived of their picking fingers.’

Nārada (Do., p. 322). — ‘For the first offence, cut-purses shall have the thumb and the index finger cut off; for the

second, the remaining fingers shall be cut off; and for the third, he shall be put to death.’

 

 

VERSE 9.278

Section XXXVIII - Treatment of Criminals and their Punishment

 

अग्निदान् भक्तदांश्चैव तथा शस्त्रावकाशदान् ।
संनिधातॄंश्च मोषस्य हन्याच्चौरमिवेश्वरः ॥२७८॥

agnidān bhaktadāṃścaiva tathā śastrāvakāśadān |
saṃnidhātṝṃśca moṣasya hanyāccauramiveśvaraḥ ||278||

 

The king shall strike like thieves those who provide fire, offer food and supply arms and lodging, as also those who abet their escape. — (278)

 

Medhātithi’s commentary (manubhāṣya):

Those who provide for the thieves fire for warming themselves and such other purposes.

‘Arms’ — Cutlass and the like.

‘Abettors’ — Contrivers — ‘of escape.’

All those shall be dealt with like thieves.

‘Those who supply arms and lodging.’ — Though this has been already mentioned before, yet it has been added again by way of summing up all that is intended. — (278)

 

Explanatory notes by Ganganath Jha:

‘Agnidān’. — ‘Those who give fire to the thieves, — so that they may warm themselves, or for similar purposes’ (Medhātithi), — ‘so that they may put fire to houses’ (Nārāyaṇa).

‘Moṣaṣya sannidhātṛṛn (sannidhātṝn?) — ‘Receivers of stolen goods’ (Kullūka); — ‘abettors of theft’ (Medhātithi and Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 338), which adds the following notes: — ‘Avakāśa’, lodging, — ‘agni’, fire as helping the act of stealing, — ‘moṣaṣya sannidhātṛṛn’, those who help in bringing about conditions conducive to the stealing of property; — it adds that the cases referred to are those in which the culprit has not been led either by fear or by ignorance to do what he has done.

It is quoted in Aparārka (p. 849); — and in Vyavahāra-Bālambhaṭṭī (p. 991).

 

Comparative notes by various authors:

[See texts under 271.]

 

 

VERSE 9.279

Section XXXVIII - Treatment of Criminals and their Punishment

 

तडागभेदकं हन्यादप्सु शुद्धवधेन वा ।
यद् वाऽपि प्रतिसंस्कुर्याद् दाप्यस्तूत्तमसाहसम् ॥२७९॥

taḍāgabhedakaṃ hanyādapsu śuddhavadhena vā |
yad vā'pi pratisaṃskuryād dāpyastūttamasāhasam ||279||

 

If a man breaks open a tank, he shall be slain in the water, or by simple form of death; or, he may repair the damage and be made to fay the highest amercement. — (279)

 

Medhātithi’s commentary (manubhāṣya):

‘Tank’ — has been mentioned only by way of an illustration.

The same thing applies to the ‘stealing’ of the water of a river also; — say some people.

This however is not right; because the harm done in the breaking of the tank is very great; and it is only slight in the case of the breaking of a river-dam.

The law here laid down applies also to the case of cutting the embankments of a tank. — (279)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 365), which adds the following notes — ‘Apsu’, i.e., by drowning in water, — ‘śuddhavadhena’, by strangulation or such means of capital punishment, apart from water; — the penalty of ‘highest amercement’ is to be inflicted along with that of making him do the necessary repairs.

 

Comparative notes by various authors:

(verses 9.279-281)

Śaṅkha-Likhita (Vivādaratnākara, p. 365). — ‘One who breaks the dam of pools, tanks, or vitiates a path or poisons liquid substances, shall have his limbs cut off. — For damaging an idol or a garden or a well, or bridges or drinking pools, the man should be compelled to repair the damage, to reconsecrate it, and to pay a fine of eight hundred.’

Yājñavalkya (2.278). — ‘A woman who is very sinful, or who procures abortion, or kills men, or who breaks a dam, should be drowned in water with a stone tied round her neck.’

Do. (2.273). — ‘Those who steal elephants or horses should be impaled.’

Kātyāyana (Vivādaratnākara, p. 367). — ‘One who breaks a wall, or dismantles it or cuts iṭ, or who dams up the flow of water should be fined the first amercement.’

Do. (Do., p. 364). — ‘If one steals, breaks or burns an idol of gods, or damages a temple, he should be fined the first amercement.’

Vāysa (Aparārka, p. 845). — ‘The stealer of a horse should be put to death by having his hands, feet and loin cut off; one who steals cattle shall have half of his foot cut off with a sharp instrument.’

Viṣṇu (Vivādaratnākara, p. 320). — ‘One who steals a cow, or a horse, or an elephant shall have his one hand and one foot cut off; and one who steals a goat shall have one hand cut off.’

Nārada (Vivādaratnākara, p. 321). — ‘For stealing large animals, the punishment is the highest amercement.

Viṣṇu (Do., p. 365). — ‘Those cutting a dam should be put to death.’

Yama (Aparārka, p. 822). — ‘If one takes away the water of a tank or destroys the inlet of water, he should he made to pay the first amercement. — One who breaks the dam of a tank should be put to death in water, etc., (as in Manu 279).’

 

 

VERSE 9.280

Section XXXVIII - Treatment of Criminals and their Punishment

 

कोष्ठागारायुधागारदेवतागारभेदकान् ।
हस्त्यश्वरथहर्तॄंश्च हन्यादेवाविचारयन् ॥२८०॥

koṣṭhāgārāyudhāgāradevatāgārabhedakān |
hastyaśvarathahartṝṃśca hanyādevāvicārayan ||280||

 

Those who break into a storehouse, an armoury, or a temple, and those who steal elephants, horses and chariots, — he shall put to death without hesitation. — (280)

 

Medhātithi’s commentary (manubhāṣya):

(No Bhāṣya).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p, 320), which adds the following notes: — ‘Koṣṭhāgāram’, granary, — ‘avicārayam’, there should be no delay when once it has been ascertained that the man has committed the offence.

It is quoted in Mitākṣarā (2. 273), where Bālambhaṭṭī has the note that — ‘avicārayan’ means without delay.

 

Comparative notes by various authors:

(verses 9.279-281)

See Comparative notes for Verse 9.279.

 

 

VERSE 9.281

Section XXXVIII - Treatment of Criminals and their Punishment

 

यस्तु पूर्वनिविष्टस्य तडागस्योदकं हरेत् ।
आगमं वाऽप्यपां भिन्द्यात् स दाप्यः पूर्वसाहसम् ॥२८१॥

yastu pūrvaniviṣṭasya taḍāgasyodakaṃ haret |
āgamaṃ vā'pyapāṃ bhindyāt sa dāpyaḥ pūrvasāhasam ||281||

 

If a man take away the water of a tank dug in ancient times, or cut off the supply of water, — he shall be made to pay the lowest amercement. — (281)

 

Medhātithi’s commentary (manubhāṣya):

(No Bhāṣya).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 365), which adds the following notes ‘Pūrvaniviṣṭasya’, which has been in existence already, i. e, which has been used for bathing, drinking and so forth; — ‘āgama’ the channel by which the tank is filled with water; — he who blocks or obstructs this should be fined with the ‘first amercement

 

Comparative notes by various authors:

(verses 9.279-281)

See Comparative notes for Verse 9.279.

 

 

VERSE 9.282

Section XXXVIII - Treatment of Criminals and their Punishment

 

समुत्सृजेद् राजमार्गे यस्त्वमेध्यमनापदि ।
स द्वौ कार्षापणौ दद्यादमेध्यं चाशु शोधयेत् ॥२८२॥

samutsṛjed rājamārge yastvamedhyamanāpadi |
sa dvau kārṣāpaṇau dadyādamedhyaṃ cāśu śodhayet ||282||

 

If one throws filth upon the public road, except in dire necessity, — he shall pay two Kārṣāpaṇas and clean the filth immediately. — (282)

 

Medhātithi’s commentary (manubhāṣya):

‘Public road’ — the road in the village or town.

‘Filth’ — urine or excreta.

‘Throws’ — gets carried and deposited by a ‘Cāṇḍala.’

‘Except in dire necessity’ — i.e., when he cannot check the force of his evacuation.

He shall have the filth removed either by a hired Cāṇḍāla, or clean it himself. — (282)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 221); — in Vyavahāramayūkha (p. 97); — in Parāśaramādhava (Vyavahāra, p. 279); — in Aparārka (p. 765); — in Vivādacintāmaṇi (Calcutta, p. 63); — and in Vīramitrodaya (Vyavahāra 143b).

 

Comparative notes by various authors:

(verses 9.282-283)

Viṣṇu (5.106-107). — ‘If one defiles the highway, or a garden, or the water, he shall be fined a hundred Paṇas; and he must remove the filth.’

Kātyāyana (Vivādaratnākara, p. 222). — ‘If one defiles with an unclean substance, a tank or a garden or a watering place, he should be made to remove the filth and pay the first amercement.’

 

 

VERSE 9.283

Section XXXVIII - Treatment of Criminals and their Punishment

 

आपद्गतोऽथ वा वृद्धा गर्भिणी बाल एव वा ।
परिभाषणमर्हन्ति तच्च शोध्यमिति स्थितिः ॥२८३॥

āpadgato'tha vā vṛddhā garbhiṇī bāla eva vā |
paribhāṣaṇamarhanti tacca śodhyamiti sthitiḥ ||283||

 

But a person in urgent necessity, an aged person, a pregnant woman, or a child should be reprimanded and the filth should be cleaned; — such is the law. — (283)

 

Medhātithi’s commentary (manubhāṣya):

‘One in urgent necessity’ — described above.

‘The aged person’ — and others include all those who are unable to go away out of the village.

Blood also is included under ‘filth.’

‘These shall be reprimanded’ — with such words as ‘you shall not do this again, — if you do it yon will be committing a great crime against the king.’ Such words said in an angry tone are what is meant by ‘reprimand.’

‘It should be cleared’, — this is an advice meant for the king; specially if the person who committed the nuisance cannot be discovered. In such cases, the public road shall be cleaned by Caṇḍālas. — (283)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 765), which explains ‘paribhāṣaṇa’ as ‘reproof’; — in Vivādaratnākara (p. 222), which explains ‘paribhāṣaṇa’ as reprimanding — ‘don’t do this again’ — without punishment, — ‘shodhyam’, i.e., by the person who committed the act under urgent necessity; — in Vivādacintāmaṇi (Calcutta, p. 63), which explains ‘paribhāṣaṇa’ as ‘warning never do so again’ — without any punishment — and in Vīramitrodaya (Vyavahāra 143b).

 

Comparative notes by various authors:

(verses 9.282-283)

See Comparative notes for Verse 9.282.

 

 

VERSE 9.284

Section XXXVIII - Treatment of Criminals and their Punishment

 

चिकित्सकानां सर्वेषां मिथ्याप्रचरतां दमः ।
अमानुषेषु प्रथमो मानुषेषु तु मध्यमः ॥२८४॥

cikitsakānāṃ sarveṣāṃ mithyāpracaratāṃ damaḥ |
amānuṣeṣu prathamo mānuṣeṣu tu madhyamaḥ ||284||

 

All physicians dealing dishonestly are liable to punishment; in the case of patients other than human, the lowest, and in that of human patients, the middlemost amercement. — (284)

 

Medhātithi’s commentary (manubhāṣya):

‘Physicians’ — doctors.

‘Dealing dishonestly.’ — The prescribing of medicines by dishonest practitioners may be done in two ways — (1) it may be due to the man being devoid of theoretical and practical knowledge entirely, or (2) to negligence or greed, even though the knowledge of the science is there.

‘In the case of patients other than human’ — i.e., cows, horses, elephants, and so forth.

‘The first’ — the term ‘amercement’ has to be construed here.

Similarly in the case of human patients, the ‘middlemost amercement.’

But if on account of the dishonest dealing, the patient happen to die, then severe punishment shall be inflicted. — (284)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 535).

 

Comparative notes by various authors:

Viṣṇu (5.175-177). — ‘A physician who adopts a wrong method of cure in the case of a patient of high rank should pay the highest amercement; — the middle amercement in the case of an ordinary patient; — and the lowest amercement in the case of an animal.’

 

VERSE 9.285

Section XXXVIII - Treatment of Criminals and their Punishment

 

सङ्क्रमध्वजयष्टीनां प्रतिमानां च भेदकः ।
प्रतिकुर्याच्च तत् सर्वं पञ्च दद्यात्शतानि च ॥२८५॥

saṅkramadhvajayaṣṭīnāṃ pratimānāṃ ca bhedakaḥ |
pratikuryācca tat sarvaṃ pañca dadyātśatāni ca ||285||

 

He who destroys a crossing, a flag, a pole or images, shall repair the whole of it and shall pay five hundred. — (285)

 

Medhātithi’s commentary (manubhāṣya):

‘Crossing’ — the contrivance by way of which people cross over waterways.

‘Flag’ — i.e., the white piece of cloth, which serves as the insignia of Royalty and of Councillors.

‘Pole’ — in temples; similarly ‘images’ — installed in temples.

‘He shall repair it’ — i.e., restore it to its original condition. — (285)

 

Explanatory notes by Ganganath Jha:

‘Yaṣṭi’. — ‘The flag-staff of a village’ (Nārāyaṇa); — such poles as stand in tanks and other places’ (Kullūka).

‘Pratimā’. — ‘Statues of men, the penalty for breaking the image of gods being death’ (Nārāyaṇa); — ‘common images made of clay and so forth’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 363), which adds the following notes: — ‘Saṅkramaḥ’, bridge built of wood and other materials for crossing over water, which is commonly known as ‘Sāṅkham’ (V. L. Sāṇk); — ‘dhvaja’, that which marks a temple or such other places; — ‘Yaṣṭi’, planted in market-places or tanks or houses; — ‘pratimā’, images of gods, — ‘pratikuryāt’, should restore to its former position.

It is quoted in Aparārka (p. 822); — in Vivādacintāmaṇi (Calcutta, p. 101), which adds the following notes — ‘Saṅkrama’ is what is known as ‘Sākama’, ‘dhvaja’ is the garuḍa-dhvaja and like things dedicated to some deity, — ‘yaṣṭī’ is the post marking a market-place, — ‘pratimā’, image of some deity, — one who breaks any one of these things should be fined 500; — and in Prāyascittaviveka (p. 247).

 

Comparative notes by various authors:

[See Texts under 280.]

Viṣṇu (5.174). — ‘He who sells forbidden food, or food which must not be sold, and he who breaks the image of a deity, shall pay the highest amercement.’

 

 

VERSE 9.286

Section XXXVIII - Treatment of Criminals and their Punishment

 

अदूषितानां द्रव्याणां दूषणे भेदने तथा ।
मणीनामपवेधे च दण्डः प्रथमसाहसः ॥२८६॥

adūṣitānāṃ dravyāṇāṃ dūṣaṇe bhedane tathā |
maṇīnāmapavedhe ca daṇḍaḥ prathamasāhasaḥ ||286||

 

For adulterating unadulterated commodities, and for breaking or wrongly boring gems, the punishment shall be the first amercement. — (286)

 

Medhātithi’s commentary (manubhāṣya):

When one, with a view to making a profit, adulterates a commodity, which, by itself, is quite pure — e.g., when the dealer in grains mixes straw and dust with grains harvested quite clean; or when one adulterates saffron and other such substances with foreign substances.

‘Gems’ — Pearls and the rest.

‘Breaking’ — into pieces.

‘Wrongly boring’ — i.e., boring at a place where boring should not be done. ‘Apavedha’ — is also derived from the root ‘vyadh’, to pierce; the denotation of verbal roots being manifold.

Gems are classed as ‘good,’ ‘bad’ and ‘indifferent;’ and the punishment shall be regulated in accordance with the class to which the gem in question may belong; in the case of ‘indifferent’ gems, the fine shall consist of the ‘middlemost amercement,’ and in that ‘good’ ones it shall consist of the ‘highest amercement’ — (286)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 362), which adds the following notes: — For spoiling unspoilt articles by adulterating them with defective articles, — for boring such gems as are broken by the boring, — and for the wrong boring of pearls and such gems, — the fine is the ‘first amercement’.

It is quoted in Aparārka (p. 821); — and in Vivādacintāmaṇi (Calcutta, p. 100).

 

Comparative notes by various authors:

(verses 9.286-287)

Viṣṇu (5.124). — ‘The highest amercement shall be paid by one who sells adulterated commodities.’

Yājñavalkya (2.245-246). — ‘If one adulterates with inferior substances, such commodities as medicines, oils, salts, perfumes, grains and molasses, shall be fined 16 Paṇas. — In the case of such commodities as skins, earthen-ware, gems, yarns, iron, wood, tree-bark and cloth, if one sells by misrepresenting the quality, he should he made to pay a fine eight times the value of the commodity sold.’

Bṛhaspati (Aparārka, p. 826). — ‘If one, by polishing up a cheap article to look like a valuable article, cheats women and children, he should he lined in accordance with the nature of the article concerned. Those who make and sell artificial gold, pearls or corals should be made to refund the price to the buyer and pay to the King double the amount as a fine.’

Do. (Vivādaratnākara, p. 297). — ‘If one sells commodities adulterated with articles whose defects are concealed, or burnished up so as to look new, should be made to pay double the price to the buyer, and also an equal amount as fine.’

 

 

VERSE 9.287

Section XXXVIII - Treatment of Criminals and their Punishment

 

समैर्हि विषमं यस्तु चरेद् वै मूल्यतोऽपि वा ।
समाप्नुयाद् दमं पूर्वं नरो मध्यममेव वा ॥२८७॥

samairhi viṣamaṃ yastu cared vai mūlyato'pi vā |
samāpnuyād damaṃ pūrvaṃ naro madhyamameva vā ||287||

 

The man who treats equals as unequals in value should receive the punishment of the first or the middlemost amercement. — (287)

 

Medhātithi’s commentary (manubhāṣya):

In regard to certain substances it has been declared that in exchanges they shall be treated as equivalent: — e.g., Sesamum and paddy have been declared to be equal; if in regard to such articles, some one treats them as unequal — i.e., having advanced sesamum, he receives in payment a larger quantity of paddy; — or even when there is no exchange, in the act of buying and selling, if one buys sesamum at a price higher than that given for paddy; — or in a case when one man has an upper garment for sale, and another an under-clothing, and the latter stands in need of the latter, — though the two are of equal value, yet knowing the greater need of the man with the upper garment, the latter offers to him the under-clothing, but not in equal exchange, but for a higher price, — such a man is said to ‘treat equals as unequals’ in value.

The punishments prescribed are for both the buyer and the seller; since both are parties to the act of ‘treating equals as unequals.’

The term ‘vā’, in this case is superfluous, serving only to fill up the metre.

The two alternative fines — the ‘first’ and the ‘middlemost’ — are laid down, as to be determined by the value of the commodities concerned. — (287)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 825), which adds the following explanations: — That man suffers the ‘first amercement’ who deals with honest, customers — who pay the right price — dishonestly, giving them cheaper articles; and the ‘middle amercement’ is the penalty for the man who, selling the right commodity, receives a higher or lower price.

It is quoted in Vivādaratnākara (p. 296), which adds the following explanation: — The man, who, receiving the same price from a number of purchasers, sells to them articles of varying, qualities, suffers the ‘first amercement’; and the man who sells commodities of the same quality to a number of persons, but charges them varying prices, suffers the ‘middle amercement It goes on to quote Halāyudha as explaining (with Medhātithi) the verse to mean that the man who deals dishonestly; ‘viṣamam’ — i.e. in exchanging things with a man, he, taking advantage of the needs of the other party, gives less of his own commodity and receives more of that of the other man, — when in reality both commodities are recognised to be of equal value, — or when the vendor, taking advantage of the needs of the customer, sells to him a cheaper article at a higher price, — he should suffer either the ‘first’ or the ‘middle’ amercement, according to the value of the commodity concerned. It is quoted in Vivādacintāmaṇi (Calcutta, p. 80), which explains ‘samaiḥ’ as ‘ordinary’, and adds the explanation — ‘one who replaces a valuable article by an ordinary one, should fined 250 Paṇas if the other party is put to a loss of the seventh part of his outlay, and 500 Paṇas if the loss is the fifth part or more’.

 

Comparative notes by various authors:

(verses 9.286-287)

See Comparative notes for Verse 9.286.

 

 

VERSE 9.288

Section XXXVIII - Treatment of Criminals and their Punishment

 

बन्धनानि च सर्वाणि राजा मार्गे निवेशयेत् ।
दुःखिता यत्र दृश्येरन् विकृताः पापकारिणः ॥२८८॥

bandhanāni ca sarvāṇi rājā mārge niveśayet |
duḥkhitā yatra dṛśyeran vikṛtāḥ pāpakāriṇaḥ ||288||

 

The king shall establish prisons all along the public road, — where the suffering and disfigured offenders might be seen. — (288)

 

Medhātithi’s commentary (manubhāṣya):

The king shall ‘establish’ — place — houses of incarceration on all well-known roads, — where the ‘suffering offenders might be seen;’ — this implies that the position of the prisons shall be so arranged as to fall within such places as are passed by ordinary passers-by; and it follows from this that various forms of torture shall be inflicted on the prisoners.

‘Disfigured’ — the condition of their body being altered by either total starving or reduced rations.

The rest is quite clear. — (288)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 630), which explains ‘bandhanāni’ as ‘places of imprisonment.’

 

 

VERSE 9.289

Section XXXVIII - Treatment of Criminals and their Punishment

 

प्राकारस्य च भेत्तारं परिखाणां च पूरकम् ।
द्वाराणां चैव भङ्क्तारं क्षिप्रमेव प्रवासयेत् ॥२८९॥

prākārasya ca bhettāraṃ parikhāṇāṃ ca pūrakam |
dvārāṇāṃ caiva bhaṅktāraṃ kṣiprameva pravāsayet ||289||

 

Him in who breaks the wall, or fills up the ditch, or breaks the gate — he shall instantly banish. — (289)

 

Medhātithi’s commentary (manubhāṣya):

The penalty of banishment is to be inflicted only in the case of damages done to the walls, ditches, etc. of a fort.

‘Ditch’ — deeply dug out parts of the ground. — (289)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 367); — in Aparārka (p. 853); — and in Vyavahāra-Bālambhaṭṭī (p. 919).

 

Comparative notes by various authors:

Kātyāyana (Vivādaratnākara, p. 367). — ‘One who pierces, or cuts, or demolishes a wall should be made to pay the first amercement.’

 

 

VERSE 9.290

Section XXXVIII - Treatment of Criminals and their Punishment

 

अभिचारेषु सर्वेषु कर्तव्यो द्विशतो दमः ।
मूलकर्मणि चानाप्तेः कृत्यासु विविधासु च ॥२९०॥

abhicāreṣu sarveṣu kartavyo dviśato damaḥ |
mūlakarmaṇi cānāpteḥ kṛtyāsu vividhāsu ca ||290||

 

In all cases of malevolent rites, the fine shall be two hundred; as also in a case of magic spell by persons not related, or in those of various kinds of sorcery. — (290)

 

Medhātithi’s commentary (manubhāṣya):

‘Malevolent rite,’ — encompassing death by such superphysical means as incantations and the like. If anyone performs such a rite, he shall receive the prescribed punishment, if the person aimed at does not die off. But in the case of such rites being successful, the man cannot escape with such a simple punishment. In that case the penalty shall be the same as that for ‘man-slaughter.’

The term ‘all’ is meant to imply that the same punishment is to be inflicted in the case of Vedic as well as non-Vedic rites; — Śyena and other sacrifies being the ‘Vedic malevolent rites,’ and the ‘taking of the foot-dust’, ‘pricking with a needle’ the non-Vedic ones.

‘Magic spells’ — such as ‘bringing under control’ and so forth.

‘Persons related’ are the son, the wife and such relations of the victim; other than these are the ‘presons not related.’

‘Sorcery’ also is only a form of ‘malevolent rite,’ consisting of ‘expulsion’ and such ends as ‘bringing about feelings of disgust against friends and relations,’ ‘insanity’ and other similar magical effects brought about by means of incantations. — (290)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 362), which adds the following notes: — (a) In the case of ‘abhicā ras’ — the Śyena and other murderous rites — performed against persons who have done no harm, — (b) in the case of ‘mūlakarma’ — administrating of medicines — done by persons with the intention of causing harm, — and (c) in the case of ‘kṛtyā’, — various kinds of sorcery, such as forcible transportation and the like, — the operator is to be fined 200.

It is quoted in Aparārka (p. 821); — and in Vivādacintāmaṇi (Calcutta, p. 100).

 

 

VERSE 9.291

Section XXXVIII - Treatment of Criminals and their Punishment

 

अबीजविक्रयी चैव बीजोत्कृष्टा तथैव च ।
मर्यादाभेदकश्चैव विकृतं प्राप्नुयाद् वधम् ॥२९१॥

abījavikrayī caiva bījotkṛṣṭā tathaiva ca |
maryādābhedakaścaiva vikṛtaṃ prāpnuyād vadham ||291||

 

He who sells what is not-seed, or picks out the seed, or transgresses the bounds (of propriety) shall suffer ‘mutilation’ as the penalty. — (291)

 

Medhātithi’s commentary (manubhāṣya):

He who sells as ‘seed’ what is ‘not seed,’ by concealing its real character. It is after the lapse of a long term that seeds germinate in the field; so that it cannot be ascertained whether or not they are real ‘seeds.’

‘He who picks out seed’ — good seed germinates quickly; the offender therefore picks out the good seed and sells the remaining bad ones. Or, the meaning may be that the man ‘picks up the seeds’ that have been sown in the field and takes them away.

‘Bounds’ — rules and practices sanctioned by scriptures and usage.

‘Mutilation’ — cutting off of ears, nose etc. — (291)

 

Explanatory notes by Ganganath Jha:

Buhler remarks “all the commentators give more or less correct readings”, — and declares that the correct reading “seems to be” ‘bījotkraṣṭā’. This is amusing to read, when we find Medhātithi, Nārāyaṇa, Rāghvānanda, Nandana and Rāmacandra all adapting the reading ‘bījotkraṣṭā’.

This verse is quoted in Vivādaratnākara (p. 296), which adds the following notes: — ‘Abījavikrayī’, one who sells, as seed, com which is unfit for sowing, — ‘bījotkarṣī’, one who forcibly takes out the seed that has been sown, — ‘maryādabhedakaḥ’, one who transgresses the customs of his country, caste and family, the scriptures and popular practices, — ‘vikṛtam vadham’, corporal punishment in the form of the cutting off of ears and other limbs of the body.

It is quoted in Aparārka (p. 825), which explains ‘abījavikrayī’ as ‘one who sells as seed what is not seed’, — and ‘bījotkraṣṭā’ as ‘one who digs out seed that has been already sown’; — and in Vivādacintāmaṇi (Calcutta, p. 81), which adds the explanation — ‘He who (a) sells as seed what is not seed, or (b) takes forcible possession of a field sown by another, or (c) breaks a local or tribal or family custom, or a scriptural or royal injunction, should have his ears and nose and other limbs cut off.

 

 

VERSE 9.292

Section XXXVIII - Treatment of Criminals and their Punishment

 

सर्वकण्टकपापिष्ठं हेमकारं तु पार्थिवः ।
प्रवर्तमानमन्याये छेदयेत्लवशः क्षुरैः ॥२९२॥

sarvakaṇṭakapāpiṣṭhaṃ hemakāraṃ tu pārthivaḥ |
pravartamānamanyāye chedayetlavaśaḥ kṣuraiḥ ||292||

 

If the goldsmith, the worst of all ‘thorns,’ behaves dishonestly, the king shall have him cut to pieces with razors. — (292)

 

Medhātithi’s commentary (manubhāṣya):

Of all the ‘thorns’ described above, the goldsmith is the worst’

Question’. — If what is meant is the selection (of the ‘goldsmith from among the ‘thorns’), — then why should not the compounding (in ‘Sarvakaṇṭakapāpiṣṭham’) be avoided [in obedience to Pāṇini 2.2.10]?

What is meant by his being ‘the worst of sinners’ is that the stealing of a small quantity of gold involves a great sin, while the stealing of gold belonging to a Brāhmaṇa involves ‘the most heinous crime.’

For this reason, if the goldsmith behaves dishonestly, ‘he shall be cut to pieces.’ Goldsmiths steal gold by manipulating the scales and during the processes of heating and cutting.

In this case, considerations of the quantity stolen, or the caste of the owner do not enter; repetition alone has to be taken into consideration; e.g., in the ease of the first offence a fine shall be substituted for the slicing of flesh with a razor.

It has already been explained that in the case of corporal punishment, the sin disappears by virtue of the punishment inflicted — (292)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2. 297), which adds that it refers to cases where the gold belongs to a temple, or to a Brāhmaṇa or to the king; — in Aparārka (p. 862), which remarks that it refers to the case of a goldsmith stealing gold belonging to a Brāhmaṇa; — in Vivādaratnākara (p. 309), which explains ‘Kaṇṭaka’ as an open thief, and adds that people have held that the penalty prescribed being very heavy, it must refer to cases of repeated theft; — and in Vīramitrodaya (Vyavahāra 151b).

 

Comparative notes by various authors:

Yājñavalkya (2.296). — ‘One who deals with gold fraudulently, or sells bad flesh, should be deprived of three limbs (nose, ears and hands), and be made to pay the highest amercement.’

Katyāyana (Vivādaratnākara, p. 309). — (Same as Yājñavalkya, above.)

 

 

VERSE 9.293

Section XXXVIII - Treatment of Criminals and their Punishment

 

सीताद्रव्यापहरणे शस्त्राणामौषधस्य च ।
कालमासाद्य कार्यं च राजा दण्डं प्रकल्पयेत् ॥२९३॥

sītādravyāpaharaṇe śastrāṇāmauṣadhasya ca |
kālamāsādya kāryaṃ ca rājā daṇḍaṃ prakalpayet ||293||

 

For the stealing of agricultural implements, of arms or of medicines, the king shall determine the punishment, after taking into consideration the time and uses. — (293)

 

Medhātithi’s commentary (manubhāṣya):

‘Sītā’ — Stands for the cultivated field; and implements connected therewith are the plough, the spade and so forth. For the stealing of these punishment has to be inflicted.

Is this to be done arbitrarily? No; ‘after taking into consideration the time and uses.’ That is, if the time for cultivation is near at hand, the punishment shall be severe; and severer still when the field has been already cultivated and a rich harvest is in prospect.

‘Taking into consideration’ — having ascertained its advent. Under other circumstances, the punishment shall be in accordance with the nature of the object stolen.

Similarly in the case of ‘arms’ — swords and the rest — if they are stolen at the time of war, the punishment shall be severe; — or in the ease of ‘medicines’ — if they are stolen at the time that they are going to be actually administered, — and the chances are that if the medicine is stolen and not administered, the patient shall suffer great pain; — and no other medicine is available at the time, — and even if available, it requires a long time for its preparation; — all these circumstances have to be taken into consideration when determining the punishment.

In the case of ‘arms’, if they belong to the king, — or to persons who are in constant dread of enemies and robbers (and hence need the arms for self-defence), — the punishment shall be severe; but if they are some small things, it shall be simple. — (293)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 324).

 

Comparative notes by various authors:

Śaṅkha-Likhita (Vivādaratnākara, p. 324). — ‘For stealing agricultural implements at the time of cultivation, 108 Paṇas.’

 

 

VERSE 9.294 [The Seven ‘Limbs’ of the Kingdom (saptāṅga)]

Section XXXIX - The Seven ‘Limbs’ of the Kingdom (saptāṅga)

 

स्वाम्य्ऽमात्यौ पुरं राष्ट्रं कोशदण्डौ सुहृत् तथा ।
सप्त प्रकृतयो ह्येताः सप्ताङ्गं राज्यमुच्यते ॥२९४॥

svāmy'mātyau puraṃ rāṣṭraṃ kośadaṇḍau suhṛt tathā |
sapta prakṛtayo hyetāḥ saptāṅgaṃ rājyamucyate ||294||

 

The master and the minister, the capital city, the people, the treasury and the army, and the ally, — these are the seven constituents; and the kingdom is described as having ‘seven limbs.’ — (294)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Removal of Thorns’ having been dealt with, the author now proceeds to describe such duties of the king as bear entirely upon the administration of the kingdom. If the administration is carried on in this manner, the kingdom is safe: so also there is safety in the kingdom if law-suits are justly disposed of and thorns are effectively removed. Then again, in most cases the ‘thorns’ — i.e., the worst criminals — consist of persons attached to the Queen or to the Princes, to the king’s favourities or to the commanders of armies and so forth; and it is possible that the king may not remove this, being guided by some such notion as — ‘In the event of a dangerous upheaval among the people I shall have great need for the army-commander, or for the tributary chief, — why should I punish him, simply for some offence against the people?’ — and it is in view of this that the author is proceeding with the subjects of the ‘constituents’ of the kingdom. And from what follows, it is clear that the People stand on the same footing as the King himself, — being as much a ‘constituent’ of the kingdom as the latter; though there may be some difference in the degree of their relative importance. For instance, if there is disurbance among the people due to some act of the Minister, this should be suppressed; because the people are of greater importance than the Minister; or, the king may desist from hasty action, and try to find out the‘thorn’ and remove him. it is for this reason that portions of the teachings contained in Discourse VII ate extracted and set forth in the present connection.

‘Master’ — i.e. the King himself.

‘Minister’ — the Councillor, the Priest, the Army-Commander.

‘Capital City’ — the city containing the king’s residence.

‘People’ — the public.

‘Treasury’ — store of gold and silver and other valuables.

‘Army’ — consisting of elephants, horses and foot-soldiers.

‘Ally’ — one having the same end in view: as has been described‘next to him comes the Ally.’

These are the ‘constituents’ — causes, components — of the kingdom; in the same manner as the potsherds are of the jar.

Or the term ‘prakṛti’ may he taken as standing for ‘svabhāva,’‘nature;’ the sense in that case would be that the kingdom is of the nature of these.

It is these seven that have been divided into seventy-two parts, the details of which have been already described. — (294)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 278).

 

Comparative notes by various authors:

(verses 9.294-297)

Yājñavalkya (1.352). — ‘The Master, the Minister, the People, the Fort, the Treasury, Forces, and Allies, — these are the constituent factors of the kingdom, which is, on that account, called seven-limbed.’

Kāmandaka (1.16). — ‘King, Minister, Kingdom, Fort, Treasury, Army and Allies are known to form the seven constituents of the state; good sense and unebbing energy are its primary stay.’

Do. (4.1-2). — ‘King, Minister, Kingdom, Fort, Treasury, Army and Allies are the seven constituents of the State. They contribute to one another’s weal, etc.’

Do. (8.4-5), — ‘Minister, Fort, Kingdom, Treasury and Army these five have been said, by persons well-versed in Polity, to be the principal constituents of a Central Sovereign. These five and the allied sovereigns, and in the seventh place, the central monarch himself; — these together have been said by Bṛhaspati to compose what is known as government with seven constituents.’

Do. (14.1). — ‘The constituents, beginning with the Minister and ending with the Ally are said to be the constituents of government. Of all the weaknesses, the gravest is the weakness of the Ruler himself.’

 

 

VERSE 9.295

Section XXXIX - The Seven ‘Limbs’ of the Kingdom (saptāṅga)

 

सप्तानां प्रकृतीनां तु राज्यस्यासां यथाक्रमम् ।
पूर्वं पूर्वं गुरुतरं जानीयाद् व्यसनं महत् ॥२९५॥

saptānāṃ prakṛtīnāṃ tu rājyasyāsāṃ yathākramam |
pūrvaṃ pūrvaṃ gurutaraṃ jānīyād vyasanaṃ mahat ||295||

 

Among these seven constituents of the kingdom stated in due order, injury to each preceding one is to be regarded as more serious. — (295)

 

Medhātithi’s commentary (manubhāṣya):

That is to say, any harm coming to the King’s own army is more serious than that of the Ally. If he is himself fully fit, the King can go to the rescue of his Ally.

Similarly as between the Treasury and the Army, — injury to the Treasury means positive injury to the Army.

And between ‘Treasury’ and the ‘People,’ — if the People are injured, whence would the ‘Treasury’ derive its existence? Similarly when the whole People are in danger, all effort should be concentrated on the saving of the ‘Capital City,’ as it is there that all the accessories of the kingdom can he brought together. The ‘Minister’ again is more important than the ‘Capital City;’ as the destruction of the Chief Minister may bring destruction to the entire kingdom. — (295)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 278), which explains ‘vyasanam’ as ‘vyasanakāraṇam’, ‘source of trouble’ — and adds that these are so only when they defective. — It is quoted again on p. 319, where the same notes are repeated and ‘prakṛtīnām’ is explained as ‘among the factors’.

 

Comparative notes by various authors:

(verses 9.294-297)

See Comparative notes for Verse 9.294.

 

 

VERSE 9.296

Section XXXIX - The Seven ‘Limbs’ of the Kingdom (saptāṅga)

 

सप्ताङ्गस्यैह राज्यस्य विष्टब्धस्य त्रिदण्डवत् ।
अन्योन्यगुणवैशेष्यात्न किं चिदतिरिच्यते ॥२९६॥

saptāṅgasyaiha rājyasya viṣṭabdhasya tridaṇḍavat |
anyonyaguṇavaiśeṣyātna kiṃ cidatiricyate ||296||

 

Yet in the kingdom consisting of the ‘seven limbs’ interlaced like the ‘triple staff,’ — since their qualities are mutually helpful, — no one of them is superior. — (296)

 

Medhātithi’s commentary (manubhāṣya):

An example is cited — ‘interlaced like the Triple Staff — i.e., each is dependent upon the other. This same idea is further emphasised — ‘since their qualities are mutually helpful;’ — inasmuch as they are helpful to one another, there can be no distinction among them; just as there is none among the soil, the seed and the water, in the process of cultivation.

From this it follows that special attention is to be paid to every one of the seven limbs.

There certainly is some difference in their relative importance; what then is meant by the assertion that ‘no one of them is superior’ is that due care should always be taken in the guarding of the Ally and other ‘limbs’ also (which, in the preceding verse, have been declared to be of minor importance). Because the destruction of the Ally also would eventually lead to the destruction of the King’s own kingdom, specially when the attack upon the former comes from a powerful quarter; even though the danger may be not so imminent. — (296)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 320).

 

Comparative notes by various authors:

(verses 9.294-297)

See Comparative notes for Verse 9.294.

 

 

VERSE 9.297

Section XXXIX - The Seven ‘Limbs’ of the Kingdom (saptāṅga)

 

तेषु तेषु तु कृत्येषु तत् तदङ्गं विशिष्यते ।
येन यत् साध्यते कार्यं तत् तस्मिंश्रेष्ठमुच्यते ॥२९७॥

teṣu teṣu tu kṛtyeṣu tat tadaṅgaṃ viśiṣyate |
yena yat sādhyate kāryaṃ tat tasmiṃśreṣṭhamucyate ||297||

 

Each ‘limb’ is particularly qualified for the fulfilment of a distinct purpose; and hence each is declared to be the most important in reference to that purpose which is fulfilled by its means. — (297)

 

Medhātithi’s commentary (manubhāṣya):

There is nothing that is not helpful to the King; there may he some purpose that is served by an inferior agent, and not by a superior one. Hence every one of the ‘constituents’ should be carefully attended to; that is, the People should not he harassed by unfair punishments, and they should be always guarded against robbers and other dangers.

Thus it is that the present section is connected with the subject of the ‘Removal of Thorns.’ — (297)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 320).

 

Comparative notes by various authors:

(verses 9.294-297)

See Comparative notes for Verse 9.294.

 

 

VERSE 9.298

Section XXXIX - The Seven ‘Limbs’ of the Kingdom (saptāṅga)

 

चारेणोत्साहयोगेन क्रिययैव च कर्मणाम् ।
स्वशक्तिं परशक्तिं च नित्यं विद्यान्महीपतिः ॥२९८॥

cāreṇotsāhayogena kriyayaiva ca karmaṇām |
svaśaktiṃ paraśaktiṃ ca nityaṃ vidyānmahīpatiḥ ||298||

 

The king shall constantly ascertain his own and his enemy’s strength through spies, through display of energy and also through the actual carrying out of undertakings. — (298)

 

Medhātithi’s commentary (manubhāṣya):

The King shall always keep himself informed of his own and his enemy’s strength. He should find out. — ‘What does he intend to do?’ — ‘What is he able to do against me?’ — ‘What am I able to do against him?’

“How is all this to be ascertained?”

(a) ‘Through spies’ — as described under Discourse VII; — (b) ‘Through display of energy’ — when a King rewards men they are happy and become imbued with energy, and carrying on their agricultural operations successfully, reap rich harvests [and this shows the King’s power]. — (c) ‘Through the actual carrying out of undertakings;’ — such undertakings as the disposition of armies and so forth, which are indicative of the enemy’s strength; as all these are signs of material prosperity, and from this is all strength derived. — (298)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328).

 

Comparative notes by various authors:

(verses 9.298-300)

Kāmandaka (12.26 etc.). — ‘Sly spies, disguised as ascetics, traders or artisans, should go out in all directions, apprising themselves of the opinion of the world. Spies well-informed in everything should every day come to and go away from the King; as they are the eyes of the King and enable him to see distant things.’

 

 

VERSE 9.299

Section XXXIX - The Seven ‘Limbs’ of the Kingdom (saptāṅga)

 

पीडनानि च सर्वाणि व्यसनानि तथैव च ।
आरभेत ततः कार्यं सञ्चिन्त्य गुरुलाघवम् ॥२९९॥

pīḍanāni ca sarvāṇi vyasanāni tathaiva ca |
ārabheta tataḥ kāryaṃ sañcintya gurulāghavam ||299||

 

The king shall begin operations after having taken into consideration all calamities and vices, and their relative importance. — (299)

 

Medhātithi’s commentary (manubhāṣya):

‘Calamities’ — such as famine, drought, rats, locusts, thunderstorms and so forth.

‘Vices’ — due to lust, anger and so forth.

In addition to this, he shall take into consideration also the doings of his sons; — he shall not always display energy; nor always show discontent; he shall also take into consideration the ‘six accessories’ of kingship, his daily income and expenditure, and all that may be going on in his kingdom, which he may have learnt from his spies.

The actions of men may also be ascertained by noting their tendencies towards dancing, music and such entertainments. — (299)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 328).

 

Comparative notes by various authors:

(verses 9.298-300)

See Comparative notes for Verse 9.298.

 

 

VERSE 9.300

Section XXXIX - The Seven ‘Limbs’ of the Kingdom (saptāṅga)

 

आरभेतैव कर्माणि श्रान्तः श्रान्तः पुनः पुनः ।
कर्माण्यारभमाणं हि पुरुषं श्रीर्निषेवते ॥३००॥

ārabhetaiva karmāṇi śrāntaḥ śrāntaḥ punaḥ punaḥ |
karmāṇyārabhamāṇaṃ hi puruṣaṃ śrīrniṣevate ||300||

 

Tired and tired, over again he should begin his operations; for fortune favours the man who undertakes operations. — (300)

 

Medhātithi’s commentary (manubhāṣya):

‘Man’. — This shows that it is not only the King, but also the ordinary man who attains prosperity by exerting himself. This is what is meant by the saying — ‘Even at the hands of death one should seek prosperity.’ — (300)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 329).

 

Comparative notes by various authors:

(verses 9.298-300)

See Comparative notes for Verse 9.298.

 

 

VERSE 9.301 [Personal Behaviour of the King]

Section XL - Personal Behaviour of the King

 

कृतं त्रेतायुगं चैव द्वापरं कलिरेव च ।
राज्ञो वृत्तानि सर्वाणि राजा हि युगमुच्यते ॥३०१॥

kṛtaṃ tretāyugaṃ caiva dvāparaṃ kalireva ca |
rājño vṛttāni sarvāṇi rājā hi yugamucyate ||301||

 

The actions of the king constitute the ‘Kṛta’, the ‘Tretā’, the ‘Dvāpara’ and the ‘Kali’ cycles; as it is the king that is called the ‘cycle.’ — (301)

 

Medhātithi’s commentary (manubhāṣya):

For this reason also the King should be always exerting himself: — Want of exertion represents ‘Kali;’ as it constitutes a great evil. The King should not argue that — ‘Kali being a particular personage known in history, how can I be Kali?’ — because the King’s own acts constitute the several ‘cycles.’ — This is further explained in the following verse. — (301)

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.302

Section XL - Personal Behaviour of the King

 

कलिः प्रसुप्तो भवति स जाग्रद् द्वापरं युगम् ।
कर्मस्वभ्युद्यतस्त्रेता विचरंस्तु कृतं युगम् ॥३०२॥

kaliḥ prasupto bhavati sa jāgrad dvāparaṃ yugam |
karmasvabhyudyatastretā vicaraṃstu kṛtaṃ yugam ||302||

 

Asleep, he represents ‘Kali;’ awake, the ‘Dvāpara’ cycle; ready to act, the ‘Tretā’; and actually acting, the ‘Kṛta’ cycle. — (302)

 

Medhātithi’s commentary (manubhāṣya):

When he is ‘asleep’, inactive, he represents ‘Kali.’

‘Awake’, — i.e., while knowing the means of his advancement, if he does not actually exert himself, — he is ‘Dvāpara.’ When he has made up his mind to act he is ‘Tretā.’

When he actually acts with a view to attaining success, in accordance with the scriptures, he is ‘Kṛta’. — (302)

 

Explanatory notes by Ganganath Jha:

Cf. Aitareya Brāhmaṇa 7.15.

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.303

Section XL - Personal Behaviour of the King

 

इन्द्रस्यार्कस्य वायोश्च यमस्य वरुणस्य च ।
चन्द्रस्याग्नेः पृथिव्याश्च तेजोवृत्तं नृपश्चरेत् ॥३०३॥

indrasyārkasya vāyośca yamasya varuṇasya ca |
candrasyāgneḥ pṛthivyāśca tejovṛttaṃ nṛpaścaret ||303||

 

The king shall emulate the energetic activity of Indra, of Arka, of Vāyu, of Yama, of Varuṇa, of Chandra, of Agni and of Pṛthvī. — (303).

 

Medhātithi’s commentary (manubhāṣya):

‘Energy’ — strength, capacity to act. — (303)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19), where ‘tejovṛttam' is explained as ‘conduct in keeping with the portions of Indra and other gods.’

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.304

Section XL - Personal Behaviour of the King

 

वार्षिकांश्चतुरो मासान् यथेन्द्रोऽभिप्रवर्षति ।
तथाऽभिवर्षेत् स्वं राष्ट्रं कामैरिन्द्रव्रतं चरन् ॥३०४॥

vārṣikāṃścaturo māsān yathendro'bhipravarṣati |
tathā'bhivarṣet svaṃ rāṣṭraṃ kāmairindravrataṃ caran ||304||

 

As Indra showers rain during four months of the year, so shall the king, acting like Indra, shower benefits on his people. — (304)

 

Medhātithi’s commentary (manubhāṣya):

The actual limitation regarding the four months is not meant to be emphasised in the present connection. What is meant is that during the four months, the Cloud mins constantly, and hence the King also shall confer benefits upon his people constantly. That is to say, he shall so act that his people may become attached to him. — (304)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19), where ‘caturaḥ’ is explained as the four months beginning with Śrāvaṇa.

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.305

Section XL - Personal Behaviour of the King

 

अष्टौ मासान् यथाऽदित्यस्तोयं हरति रश्मिभिः ।
तथा हरेत् करं राष्ट्रात्नित्यमर्कव्रतं हि तत् ॥३०५॥

aṣṭau māsān yathā'dityastoyaṃ harati raśmibhiḥ |
tathā haret karaṃ rāṣṭrātnityamarkavrataṃ hi tat ||305||

 

Just as during eight months, Āditya draws up water with his rays, even so the king shall draw taxes from the people, — this being the function of arka. — (305)

 

Medhātithi’s commentary (manubhāṣya):

The sun draws water gently, little by little, — and the King also shall realise his taxes gently, little by little. This is the meaning of the simile. — (305)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19), where ‘aṣṭau’ is explained as eight months beginning with Mārgaśīrṣa.

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.306-307

Section XL - Personal Behaviour of the King

 

प्रविश्य सर्वभूतानि यथा चरति मारुतः ।
तथा चारैः प्रवेष्टव्यं व्रतमेतद् हि मारुतम् ॥३०६॥

यथा यमः प्रियद्वेष्यौ प्राप्ते काले नियच्छति ।
तथा राज्ञा नियन्तव्याः प्रजास्तद् हि यमव्रतम् ॥३०७॥

praviśya sarvabhūtāni yathā carati mārutaḥ |
tathā cāraiḥ praveṣṭavyaṃ vratametad hi mārutam ||306||

yathā yamaḥ priyadveṣyau prāpte kāle niyacchati |
tathā rājñā niyantavyāḥ prajāstad hi yamavratam ||307||

 

As Vāyu moves about, entering all beings, — even so shall the king penetrate everywhere through his spies; — this is the function of Vāyu. — (306).

As Yama, at the approach of the proper time, restrains both friends and enemies, even so shall all men be restrained by the king; this is the function of Yama. — (307)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.306-307)

Whenever a crime has been committed, the King shall act equally towards those he loves and those he hates. — (306-307)

 

Explanatory notes by Ganganath Jha:

(verse 9.306)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19)

(verse 9.307)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19).

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.308

Section XL - Personal Behaviour of the King

 

वरुणेन यथा पाशैर्बद्ध एवाभिदृश्यते ।
तथा पापान्निगृह्णीयाद् व्रतमेतद् हि वारुणम् ॥३०८॥

varuṇena yathā pāśairbaddha evābhidṛśyate |
tathā pāpānnigṛhṇīyād vratametad hi vāruṇam ||308||

 

As one is always found bound up with ropes by Varuṇa, even so shall the king punish the wicked; this is the function of Varuṇa. — (308)

 

Medhātithi’s commentary (manubhāṣya):

Without distinction, all offenders should be punished, and not allowed to escape. — (308)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19).

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.309

Section XL - Personal Behaviour of the King

 

परिपूर्णं यथा चन्द्रं दृष्ट्वा हृष्यन्ति मानवाः ।
तथा प्रकृतयो यस्मिन् स चान्द्रव्रतिको नृपः ॥३०९॥

paripūrṇaṃ yathā candraṃ dṛṣṭvā hṛṣyanti mānavāḥ |
tathā prakṛtayo yasmin sa cāndravratiko nṛpaḥ ||309||

 

The people rejoice at seeing the full moon; the king at whose appearance the people rejoice in that manner is a king who fulfills the functions of the moon. — (309)

 

Medhātithi’s commentary (manubhāṣya):

What this means is that at the time that the King is seeing his people he shall be free from anger, joyous in countenance^ and wearing fine dresses and ornaments.

The people ‘rejoice’ at seeing the King, — i.e., all their sorrows disappear. — (309)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19).

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.310

Section XL - Personal Behaviour of the King

 

प्रतापयुक्तस्तेजस्वी नित्यं स्यात् पापकर्मसु ।
दुष्टसामन्तहिंस्रश्च तदाग्नेयं व्रतं स्मृतम् ॥३१०॥

pratāpayuktastejasvī nityaṃ syāt pāpakarmasu |
duṣṭasāmantahiṃsraśca tadāgneyaṃ vrataṃ smṛtam ||310||

 

He shall always be endowed with brilliant energy and ardent in his wrath against offenders; he shall exterminate his disaffected vassals; this is the function of agni. — (310)

 

Medhātithi’s commentary (manubhāṣya):

The function of fire is that it is furious and consuming against the wicked. ‘Vassals’ — i.e., ministers and others endowed with riches. — (310)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19).

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.311

Section XL - Personal Behaviour of the King

 

यथा सर्वाणि भूतानि धरा धारयते समम् ।
तथा सर्वाणि भूतानि बिभ्रतः पार्थिवं व्रतम् ॥३११॥

yathā sarvāṇi bhūtāni dharā dhārayate samam |
tathā sarvāṇi bhūtāni bibhrataḥ pārthivaṃ vratam ||311||

 

As the earth sustains all beings equally, so does the king support all beings; and this is the function of Pṛthivī. — (311)

 

Medhātithi’s commentary (manubhāṣya):

‘Dharā’ — The earth.

The king shall support the poor and the destitute persons, as also their families. — (311)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 19), which adds the following explanation: — ‘Just as the earth supports all sorts of beings, animate and inanimate, high and low, — so also does the king protect all men, those who are capable of paying taxes as well as the poor and the distressed; and this is called his Pārthiva-vrata’.

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.312

Section XL - Personal Behaviour of the King

 

एतैरुपायैरन्यैश्च युक्तो नित्यमतन्द्रितः ।
स्तेनान् राजा निगृह्णीयात् स्वराष्ट्रे पर एव च ॥३१२॥

etairupāyairanyaiśca yukto nityamatandritaḥ |
stenān rājā nigṛhṇīyāt svarāṣṭre para eva ca ||312||

 

Betaking himself to these and other methods, the king, ever alert, shall restrain thieves in his own realm as well as in that of others. — (312)

 

Medhātithi’s commentary (manubhāṣya):

This verse serves to sum up the section.

‘These methods’ — the functions of the gods — ‘others’ — to be learnt by experience. — (312)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 20), which adds the following notes: — ‘Ātandritaḥ’, free from idleness, — ‘stenān’, thieves.

 

Comparative notes by various authors:

(verses 9.301-312)

[See texts under 7.1-42.]

 

 

VERSE 9.313 [The Treatment of Brāhmaṇas]

Section XLI - The Treatment of Brāhmaṇas

 

परामप्यापदं प्राप्तो ब्राह्मणान्न प्रकोपयेत् ।
ते ह्येनं कुपिता हन्युः सद्यः सबलवाहनम् ॥३१३॥

parāmapyāpadaṃ prāpto brāhmaṇānna prakopayet |
te hyenaṃ kupitā hanyuḥ sadyaḥ sabalavāhanam ||313||

 

Even when fallen in the deepest distress, the king shall not provoke the Brāhmaṇas; for if provoked, they would ruin him, along with his army and conveyances. — (313)

 

Medhātithi’s commentary (manubhāṣya):

Even when a, King with a depleted treasury has a heavy indemnity levied by a powerful enemy, — even in such a distress, he shall not draw upon the wealth of the Brāhmaṇa; nor are they to be provoked to anger by any marks of disrespect etc. — (313)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājaniti, p. 151), which adds the following explanations: — ‘Parām āpadam’ the w orst calamity, brought about by the depletion of his treasury and by being attacked by a more powerful King; — even though fallen in such, the king should not ‘provoke the Brāhmaṇas to anger’, by forcibly seizing their property or by treating them with disrespect.

It adds that from 313 to 321, it is mere Arthavāda, and all that it means is that even when a Brāhmaṇa commits an offence, he should not be punished.

 

Comparative notes by various authors:

(verses 9.313-322)

Mahābhārata (13.152.16, 21-23). — ‘Brāhmaṇas depend upon the Kṣatriya, not the Kṣatriya on the Brāhmaṇa. There is none who can deprive me — says Arjuna — of any kingdom; I am therefore superior to the Brāhmaṇa.’

Do. (12.56.24). — (Same as Manu 321.)

Do. (12.78.21). — (Same as Manu 320.)

Śatapatha-Brāhmaṇa (4.1.4.4-6.)

Gautama (11.14). — ‘It is declared in the Veda — “Kṣatriyas, who are assisted by Brāhmaṇas, prosper and do not fall into distress.”’

Vaśiṣṭha (19.4). — ‘It is declared in the Veda — “A realm where a Brāhmaṇa is appointed domestic priest prospers.”’

Nārada (18.12). — ‘On account of their dignity and sanctity, it is not permitted to either advise or rebuke a King or a Brāhmaṇa, unless they swerve from the path of duty.’

Do. (18.34-39). — ‘Let a king be constantly intent upon showing honour to the Brāhmaṇas; a field furnished with Brāhmaṇas is the root of the prosperity of the world. A Brāhmaṇa may command respect and a distinguished seat at the King’s Court; the King shall show his face in the morning before the Brāhmaṇas first of all, and shall salute them all. — When nine or seven persons meet, they shall first make room for the Brāhmaṇa to pass by. Brāhmaṇas shall also have free access to the houses of other people, for the purpose of begging alms; also the right to collect fuel, flowers, water and the like, without its being regarded as theft, — and to converse with men’s wives, without restraint; — and also the right to cross rivers without paying any fare, and to be conveyed to the other bank before other people. When engaged in trading and using a ferryboat, they shall pay no toll. — A Brāhmaṇa engaged in travelling, who is tired and has nothing to eat, commits no wrong by taking two canes of sugar or two esculent roots.’

Arthaśāstra (1.47). — ‘The Kṣatriya Power is gloriously victorious when it is augmented by the Brāhmaṇas, embellished by the counsel of ministers, and supported by the deductions of the scriptures.’

Viṣṇu-dharmottara (Vīramitrodaya-Rājanīti, p. 150). — ‘The King shall never take a Brāhmaṇa’s property; he shall always protect it.... Even though the Brāhmaṇa be devoid of learning or of vicious conduct, he shall never bear ill-will towards him.’

 

 

VERSE 9.314

Section XLI - The Treatment of Brāhmaṇas

 

यैः कृतः सर्वभक्ष्योऽग्निरपेयश्च महोदधिः ।
क्षयी चाप्यायितः सोमः को न नश्येत् प्रकोप्य तान् ॥३१४॥

yaiḥ kṛtaḥ sarvabhakṣyo'gnirapeyaśca mahodadhiḥ |
kṣayī cāpyāyitaḥ somaḥ ko na naśyet prakopya tān ||314||

 

Who could escape ruin after having provoked those by whom fire was rendered all-devouring, by whom the ocean was made undrinkable and by whom the moon was made to wax and wane? — (314)

 

Medhātithi’s commentary (manubhāṣya):

With a view to confirm what has been said above this verse reiterates well-known stories relating to the greatness of the Brāhmaṇa. These stories are to be learnt from the Mahābhārata. — (314)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 151), which explains ‘Brahma chaiva dhanam yeṣām’ as that for the Brāhmaṇa the Veda is the sole treasure, inasmuch as it is the Veda that accomplishes all prosperity for them, and becomes the means of acquiring wealth by teaching and sacrificing; and as such the Veda should be acquired and guarded; — what man, wishing to live, shall give trouble to such Brāhmaṇas?

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.315

Section XLI - The Treatment of Brāhmaṇas

 

लोकानन्यान् सृजेयुर्ये लोकपालांश्च कोपिताः ।
देवान् कुर्युरदेवांश्च कः क्षिण्वंस्तान् समृध्नुयात् ॥३१५॥

lokānanyān sṛjeyurye lokapālāṃśca kopitāḥ |
devān kuryuradevāṃśca kaḥ kṣiṇvaṃstān samṛdhnuyāt ||315||

 

Who could prosper after injuring those who, on being provoked, would create other worlds and other guardians of the regions, and who would make the Gods cease to be Gods? — (315)

 

Medhātithi’s commentary (manubhāṣya):

‘Injuring’ — stands for doing mischief.

All this was explained by Vyāsa when Yudhiṣṭhira had thrown away the Gāṇḍīva (?). — (315)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 151).

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.316

Section XLI - The Treatment of Brāhmaṇas

 

यानुपाश्रित्य तिष्ठन्ति लोका देवाश्च सर्वदा ।
ब्रह्म चैव धनं येषां को हिंस्यात् ताञ्जिजीविषुः ॥३१६॥

yānupāśritya tiṣṭhanti lokā devāśca sarvadā |
brahma caiva dhanaṃ yeṣāṃ ko hiṃsyāt tāñjijīviṣuḥ ||316||

 

What man, desirous of living, would injure them, depending on whom the world and the gods exist, and whose wealth consists of the Veda? — (317)

 

Medhātithi’s commentary (manubhāṣya):

‘Worlds’ — the three regions, the earth and the rest.

‘Gods’ — are dependent upon the Brāhmaṇas, through the libations offered by these latter. The Gods are ‘dependent’ upon the Brāhmaṇas also, in the sense that the greater part of Vedic teaching and Vedic rites are done by them; — the Kṣatriya and the Vaiśya not doing them to the same extent. — (316)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 151), which explains ‘Brahma chaiva dhanam yeṣām’ as that for the Brāhmaṇa the Veda is the sole treasure, inasmuch as it is the Veda that accomplishes all prosperity for them, and becomes the means of acquiring wealth by teaching and sacrificing; and as such the Veda should be acquired and guarded; — what man, wishing to live, shall give trouble to such Brāhmaṇas?

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.317

Section XLI - The Treatment of Brāhmaṇas

 

अविद्वांश्चैव विद्वांश्च ब्राह्मणो दैवतं महत् ।
प्रणीतश्चाप्रणीतश्च यथाऽग्निर्दैवतं महत् ॥३१७॥

avidvāṃścaiva vidvāṃśca brāhmaṇo daivataṃ mahat |
praṇītaścāpraṇītaśca yathā'gnirdaivataṃ mahat ||317||

 

Learned or unlearned, the Brāhmaṇa is a great divinity; just as consecrated or unconsecrated, the fire is a great divinity. — (317)

 

Medhātithi’s commentary (manubhāṣya):

Disrespect towards Brāhmaṇas is to be avoided only through consideration of their caste; and their learning or other qualifications have not to be taken into consideration, as they are done in the making of gifts and on other occasions. This stands on the same footing as the avoiding of touching fire with the foot. — (317)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitordaya (Rājanīti, p. 151).

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.318-319

Section XLI - The Treatment of Brāhmaṇas

 

श्मशानेष्वपि तेजस्वी पावको नैव दुष्यति ।
हूयमानश्च यज्ञेषु भूय एवाभिवर्धते ॥३१८॥

एवं यद्यप्यनिष्टेषु वर्तन्ते सर्वकर्मसु ।
सर्वथा ब्राह्मणाः पूज्याः परमं दैवतं हि तत् ॥३१९॥

śmaśāneṣvapi tejasvī pāvako naiva duṣyati |
hūyamānaśca yajñeṣu bhūya evābhivardhate ||318||

 

evaṃ yadyapyaniṣṭeṣu vartante sarvakarmasu |
sarvathā brāhmaṇāḥ pūjyāḥ paramaṃ daivataṃ hi tat ||319||

 

Even though in the cremation-ground, the brilliant fire is not defiled, and it flourishes again when libations are poured unto it at sacrifices. — (318)

Similarly even though they betake themselves to all sorts of undesirable acts, yet Brāhmaṇas should be honoured in every way; for they are the greatest divinity. — (319)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.318-319)

What is said here has already gone before. The sense is that even though ill-behaved, the Brāhmaṇa shall not be ill-treated.

‘Undesirable’ — forbidden.

When they betake themselves to forbidden acts, they shall be dealt and punished according to law, gently, and not attacked with force, in the manner of other castes. — (318-319)

 

Explanatory notes by Ganganath Jha:

(verse 9.318)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 151).

(verse 9.319)

This verse is quoted in Vīramitrodaya (Rājanīti, p. 151).

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.320

Section XLI - The Treatment of Brāhmaṇas

 

क्षत्रस्यातिप्रवृद्धस्य ब्राह्मणान् प्रति सर्वशः ।
ब्रह्मैव संनियन्तृ स्यात् क्षत्रं हि ब्रह्मसम्भवम् ॥३२०॥

kṣatrasyātipravṛddhasya brāhmaṇān prati sarvaśaḥ |
brahmaiva saṃniyantṛ syāt kṣatraṃ hi brahmasambhavam ||320||

 

When the Kṣatriya shall become too over-bearing in every way towards Brāhmaṇas, the Brāhmaṇa himself shall be their restraining influence; as the Kṣatriya has his source in the Brāhmaṇa. — 320

 

Medhātithi’s commentary (manubhāṣya):

When a Kṣatriya tries to injure a Brāhmaṇa, ho shall be restrained by the Brāhmaṇas themselves. Being puffed up through wealth-born arrogance, when Kṣatriyas are apt to overstep all bounds of propriety, they are brought back to the right path by Brāhmaṇas, through prayers, offerings and curses.

The reason is — ‘Because the Kṣatriya has his source in the Brāhmaṇa.’ The Kṣatriyas were born from the Brāhmaṇa caste.

The question arising — “How can one who is the source of another become his destroyer?” — the answer is supplied by the next verse. — (320)

 

Explanatory notes by Ganganath Jha:

This verse is found in the Mahābhārata 12.78.28.

This verse is quoted in Vīramitrodaya (Rājantti, p. 152).

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.321

Section XLI - The Treatment of Brāhmaṇas

 

अद्भ्योऽग्निर्ब्रह्मतः क्षत्रमश्मनो लोहमुत्थितम् ।
तेषां सर्वत्रगं तेजः स्वासु योनिषु शाम्यति ॥३२१॥

adbhyo'gnirbrahmataḥ kṣatramaśmano lohamutthitam |
teṣāṃ sarvatragaṃ tejaḥ svāsu yoniṣu śāmyati ||321||

 

Fire sprang from water, the Kṣatriya from the Brāhmaṇa, and iron from stone; the all-penetrating force of each of these becomes extinguished in its source. — (321)

 

Medhātithi’s commentary (manubhāṣya):

‘From water’ — i.e., from herbs anil trees — springs fire; that is why it is named ‘agni.’ The ‘all-penetrating force’ of this is that which burns all that can be burnt; and yet when it reaches water, it becomes extinguished.

‘From stone spiring iron’ — in the shape of the sword and other weapons. It tears everything; and yet when it falls on stone it breaks and becomes blunted.

Similarly Kṣatriyas conquer everywhere; but when they behave arrogantly towards the Brāhmaṇa, they are ruined.

 

Explanatory notes by Ganganath Jha:

“According to Rāghavānanda the statement that the Kṣatriyas sprang from the Brāhmaṇas is based on a Vedic passage. But Nārāyaṇa thinks that it alludes to a Paurāṇika story, according to which the Brāhmaṇas produced with the Kṣatriya females a new Kṣatriya race after the destruction of the second varṇa by Paraśurāma.” — Buhler.

This verse is found in the Mahābhārata 5.15.34; 12.56.24.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 152).

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.322

Section XLI - The Treatment of Brāhmaṇas

 

नाब्रह्म क्षत्रं ऋध्नोति नाक्षत्रं ब्रह्म वर्धते ।
ब्रह्म क्षत्रं च सम्पृक्तमिह चामुत्र वर्धते ॥३२२॥

nābrahma kṣatraṃ ṛdhnoti nākṣatraṃ brahma vardhate |
brahma kṣatraṃ ca sampṛktamiha cāmutra vardhate ||322||

 

The Kṣatriya flourishes not without the Brāhmaṇa; the Brāhmaṇa prospers not without the Kṣatriya; the Brāhmaṇa and the Kṣatriya, when united, prosper here as also in the other world. — (322)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Kṣatriya’ — i.e., the realm. — ‘Without the Brāhmaṇa’ — i.e., where neither the councillors nor the priests and other officials are Brāhmaṇas, — how can there be any prosperity?

Similarly Brāhmaṇas obtain prosperity only when resting upon Kṣatriyas.

When both are united, they are successful.

The terms ‘Brahma’ and ‘Kṣatra’ in this verse stand for the two castes, Brāhmaṇa and Kṣatriya. — (322)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 143).

 

Comparative notes by various authors:

(verses 9.313-322)

See Comparative notes for Verse 9.313.

 

 

VERSE 9.323

Section XLI - The Treatment of Brāhmaṇas

 

दत्त्वा धनं तु विप्रेभ्यः सर्वदण्डसमुत्थितम् ।
पुत्रे राज्यं समासृज्य कुर्वीत प्रायणं रणे ॥३२३॥

dattvā dhanaṃ tu viprebhyaḥ sarvadaṇḍasamutthitam |
putre rājyaṃ samāsṛjya kurvīta prāyaṇaṃ raṇe ||323||

 

Bestowing his wealth, obtained from all kinds of fines, upon Brāhmaṇas, and making over the kingdom to his son, the king shall bring about his departure in battle. — (323)

 

Medhātithi’s commentary (manubhāṣya):

When the King begins to be harassed by old age, if be finds that he has done all that he bad to do, — then if he has any wealth, — such as that accumulated from fines — he shall give all this away to Brāhmaṇas. As for fines realised from the ‘heinous offenders,’ it has been already laid down that they shall be disposed of by being offered to Varuṇa, and none of it shall be taken by the King himself. But when he finds that apart from this there is much wealth that has accumulated from all kinds of fines, — and he realises that his death is approaching, — he should dispose of the wealth in the manner here described.

Others have explained that the term ‘fines’ is meant to include all sources of income — such as taxes, tolls and the like.

According to this the meaning would be that he should give away all his wealth; that is, he should give away everything, with the exception of chariots, arms, lands and slaves.

Under this explanation, the clause, ‘making over the kingdom to his son’ would not be quite consistent Because it would be impossible for the son to carry on the administration, with a depleted treasury.

‘Bring about his departure in battle,’ — i.e., he shall go forth to battle, with a view to give up his life. If even towards the end of his life, he finds no chances for a battle, then he should destroy his body either in fire or water. But the best results would be attained by giving up the body in battle. — (323)

 

Explanatory notes by Ganganath Jha:

Cf. Mahābhārata 6.17.11; also Vikramāṇikacarita 4.44.68.

This verse is quoted in Rājanītiratnākara (p. 40a).

 

Comparative notes by various authors:

(verses 9.323-325)

Mahābhārata (6.17.11).

 

 

VERSE 9.324

Section XLI - The Treatment of Brāhmaṇas

 

एवं चरन् सदा युक्तो राजधर्मेषु पार्थिवः ।
हितेषु चैव लोकस्य सर्वान् भृत्यान्नियोजयेत् ॥३२४॥

evaṃ caran sadā yukto rājadharmeṣu pārthivaḥ |
hiteṣu caiva lokasya sarvān bhṛtyānniyojayet ||324||

 

Acting in this manner, and ever intent upon his Kingly Duties, the king shall order all his servants to work for the good of the people. — (324)

 

Medhātithi’s commentary (manubhāṣya):

‘Acting in this manner’ — Behaving thus.

‘On his Kingly Duties’ — as prescribed in the scriptures — ‘Ever intent’ — bent upon performing.

‘For the good of the people’ — his subjects; — ‘he shall order all his servants’ — (324)

 

Comparative notes by various authors:

(verses 9.323-325)

See Comparative notes for Verse 9.323.

 

 

VERSE 9.325 [Summing Up]

Section XLII - Summing Up

 

एषोऽखिलः कर्मविधिरुक्तो राज्ञः सनातनः ।
इमं कर्मविधिं विद्यात् क्रमशो वैश्यशूद्रयोः ॥३२५॥

eṣo'khilaḥ karmavidhirukto rājñaḥ sanātanaḥ |
imaṃ karmavidhiṃ vidyāt kramaśo vaiśyaśūdrayoḥ ||325||

 

Thus has been expounded the whole of the eternal Law relating to the Duties of the King; the law relating to the Vaiśya and the Śūdra respectively should be understood to be as follows.

 

Medhātithi’s commentary (manubhāṣya):

The first half of this verse sums up the entire section dealing with the Duties of the King, ending with the ‘Removal of Thorns’; and the latter half reminds the reader of the promise set forth above (under 1.116) regarding the expounding, of the ‘Duties of the Vaiśya and the Śūdra.’ — (325)

 

Comparative notes by various authors:

(verses 9.323-325)

See Comparative notes for Verse 9.323.

 

 

VERSE 9.326 [Duties of the Vaiśya and the Śūdra]

Section XLIII - Duties of the Vaiśya and the Śūdra

 

वैश्यस्तु कृतसंस्कारः कृत्वा दारपरिग्रहम् ।
वार्तायां नित्ययुक्तः स्यात् पशूनां चैव रक्षणे ॥३२६॥

vaiśyastu kṛtasaṃskāraḥ kṛtvā dāraparigraham |
vārtāyāṃ nityayuktaḥ syāt paśūnāṃ caiva rakṣaṇe ||326||

 

After having his sacraments performed, the Vaiśya shall take a wife and apply himself entirely to agriculture and the tending of catlle. — (326)

 

Medhātithi’s commentary (manubhāṣya):

‘Having his sacraments performed’ — i.e., having boon duly initiated; — and after he has been married, — he shall apply himself to ‘agriculture,’ ‘vārtā — this term stands for the whole lot of business going to be described below. Details regarding this business have been expounded in the work of Bṛhaspati. — (326).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 227); — and in Parāśaramādhava (Ācāra, p. 417), which explains the term ‘vārtā’ as standing for agriculture, trade and cattle-tending; — and in Nṛsiṃhaprasāda (Āhnika 36a).

 

Comparative notes by various authors:

(verses 9.326-333)

[See texts under 8.410-418.]

Parāśara (Ācāra, 63). — ‘Profitable Business, dealing in gems, tending of cows, agriculture and trade are declared to be the means of livelihood for the Vaiśya.’

Yājñavalkya (Parāśaramādhava-Ācāra, p. 416). — ‘Money-lending, agriculture, trade, and cattle-tending have been ordained for the Vaiśya.’

Varāhapurāṇa (Do.). — ‘Vedic Study, sacrificing, charity money-lending, cattle-tending, tending of cows, trade and agriculture, — these the Vaiśyas do according to law.’

Mahābharata — Anuśāsana (Do.). — ‘The Vaiśya may trade in sesamum, skins, liquids, cattle and horses.’

Mārkaṇḍeyapurāṇa (Do., p. 417). — ‘Charity, Vedic Study and Sacrifice constitute the three-fold duty of the Vaiśya; trade, cattle-tending and agriculture are his means of livelihood.’

 

 

VERSE 9.327

Section XLIII - Duties of the Vaiśya and the Śūdra

 

प्रजापतिर्हि वैश्याय सृष्ट्वा परिददे पशून् ।
ब्राह्मणाय च राज्ञे च सर्वाः परिददे प्रजाः ॥३२७॥

prajāpatirhi vaiśyāya sṛṣṭvā paridade paśūn |
brāhmaṇāya ca rājñe ca sarvāḥ paridade prajāḥ ||327||

 

Prajāpati, having created cattle, made them over to the Vaiśya; while to the Brāhmaṇā and the Kṣatriya he made over all creatures. — (327)

 

Medhātithi’s commentary (manubhāṣya):

The tending of cattle is not only a means of livelihood for the Vaiśya; it also forms his duty. This is what is indicated by this declamatory passage.

“How is it that the author should impose an invisible (transcedental) character upon what is quite visible?”

It has been done with a view to bringing it home to the Vaiśya that he must, as an obligation, do the tending of cattle, in the same manner as the Kṣatriya does the protecting of the people.

How the protecting of the people is binding upon the Kṣatriya has already been explained before. As for the Brāhmaṇa, he is entitled to all sorts of ‘protection,’ by virtue of his being the person who prescribes the necessary expiatory rites, performs prayers, offers oblations and thereby obtains min from the sun, and so forth.

What is stated here is only by way of illustration; and all that is meant is that the tending of cattle forms the duty of the Vaiśya. — (327)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 417)

 

Comparative notes by various authors:

(verses 9.326-333)

[See texts under 8.410-418.]

See Comparative notes for Verse 9.326.

 

 

VERSE 9.328

Section XLIII - Duties of the Vaiśya and the Śūdra

 

न च वैश्यस्य कामः स्यान्न रक्षेयं पशूनिति ।
वैश्ये चेच्छति नान्येन रक्षितव्याः कथं चन ॥३२८॥

na ca vaiśyasya kāmaḥ syānna rakṣeyaṃ paśūniti |
vaiśye cecchati nānyena rakṣitavyāḥ kathaṃ cana ||328||

 

The Vaiśya shall never conceive the wish — ‘I will not tend cattle;’ and so long as the Vaiśya is willing, they should not be tended by any one else. — (328)

 

Medhātithi’s commentary (manubhāṣya):

“Why should there be any question of willing regarding what forms a means of livelihood? It has been already pointed out that, even though there is a transcendental factor in the matter, yet stress is laid upon only the visible aspect; just as in the case of the rule regarding facing the East during meals. It is in view of this that the text says — ‘The Vaiśya shall never conceive the wish.’ So that if the Vaiśya is not in want of a livelihood, he shall not incur any sin (in being unwilling to tend cattle.)”

True; but the author has used the particular words with a view to show that the duty of tending of cattle does not stand on the same footing — and is to be regarded as leading to the same results — as that of ‘cultivating the land,’ along with which ‘cattle-tending’ has been mentioned before; and hence men may be led to regard all of them as leading to the same results. And according to the view that they are all conducive to the same results, ‘wish’ also would come in as a determining factor; specially when the man is one who may be hankering after other actions. In a ease where ‘cattle-tending’ is the most profitable means of livelihood, the man would naturally have recourse to it, and not engage in other kinds of work; he would naturally live by the said means of livelihood. (?) — (328)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 417).

 

Comparative notes by various authors:

(verses 9.326-333)

[See texts under 8.410-418.]

See Comparative notes for Verse 9.326.

 

 

VERSE 9.329

Section XLIII - Duties of the Vaiśya and the Śūdra

 

मणिमुक्ताप्रवालानां लोहानां तान्तवस्य च ।
गन्धानां च रसानां च विद्यादर्घबलाबलम् ॥३२९॥

maṇimuktāpravālānāṃ lohānāṃ tāntavasya ca |
gandhānāṃ ca rasānāṃ ca vidyādarghabalābalam ||329||

 

He shall find out the relative value of gems, pearls, corals, metals, woven cloths, perfumes and condiments. — (329)

 

Medhātithi’s commentary (manubhāṣya):

‘Metals’; — this term stands for copper, iron and bronze. ‘Relative value’ — the variations in their price due to exigencies of time and place. That is, he should find out in what part of the country a certain thing fetches a higher price than in another; and similarly in regard to time also. — (329)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 227), which explains ‘lohānām’ as metals; — in Parāśaramādhava (Ācāra, p. 417); — and in Nṛsiṃhaprasāda (Āhnika, 36a, and Saṃskāra 74a).

 

Comparative notes by various authors:

(verses 9.326-333)

[See texts under 8.410-418.]

See Comparative notes for Verse 9.326.

 

 

VERSE 9.330

Section XLIII - Duties of the Vaiśya and the Śūdra

 

बीजानामुप्तिविद् च स्यात् क्षेत्रदोषगुणस्य च ।
मानयोगं च जानीयात् तुलायोगांश्च सर्वशः ॥३३०॥

bījānāmuptivid ca syāt kṣetradoṣaguṇasya ca |
mānayogaṃ ca jānīyāt tulāyogāṃśca sarvaśaḥ ||330||

 

He should be acquainted with the manner of sowing seeds, with the good and bad qualities of the soil; he should know all kinds of weights and measures. — (330)

 

Medhātithi’s commentary (manubhāṣya):

He shall know ‘the manner of sowing seeds’ — i.e., this, seed is sown thickly, and that is sown sparsely, and so forth. ‘This seed shall grow in this soil, and not that seed, — this shall bring a such harvest, — all this ‘good and bad qualities’ of soils he should be acquainted with.

He shall know all such weights as the ‘droṇa,’ the ‘śūrpa’ the ‘āḍhaka’ and so forth, as also the measures. — (330)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 227); — and in Parāśaramādhava (Ācāra, p. 417).

 

Comparative notes by various authors:

(verses 9.326-333)

[See texts under 8.410-418.]

See Comparative notes for Verse 9.326.

 

 

VERSE 9.331

Section XLIII - Duties of the Vaiśya and the Śūdra

 

सारासारं च भाण्डानां देशानां च गुणागुणान् ।
लाभालाभं च पण्यानां पशूनां परिवर्धनम् ॥३३१॥

sārāsāraṃ ca bhāṇḍānāṃ deśānāṃ ca guṇāguṇān |
lābhālābhaṃ ca paṇyānāṃ paśūnāṃ parivardhanam ||331||

 

Also the excellences and defects of commodities, the advantages and disadvantages relating to countries, the profit and loss on merchandise and also cattle-breeding. — (331)

 

Medhātithi’s commentary (manubhāṣya):

‘Commodity’ stands for skins and other things put up for sale; the excellences and defects of these, — i.e., ‘this article if kept for a long time becomes spoilt,’ ‘this is lasting,’ ‘that is not lasting.’

‘In this country, large supplies of grains are available, — at this time barley is profuse,’ — ‘such and such is the custom of this country,’ — ‘the nature of the people is so and so — these are ‘the advantages and disadvantages relating to countries’.

‘Cattle-breeding,’ — i.e., such rules as that by using such and such fodder, and giving such and such salts, cattle flourish better; and so forth. — (331)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 227), which explains ‘bhāṇḍāṇām’ as ‘saleable commodities — in Parāśaramādhava (Ācāra, p. 417); — and in Nṛsiṃhaprasāda (Āhnika 36a).

 

Comparative notes by various authors:

(verses 9.326-333)

[See texts under 8.410-418.]

See Comparative notes for Verse 9.326.

 

 

VERSE 9.332

Section XLIII - Duties of the Vaiśya and the Śūdra

 

भृत्यानां च भृतिं विद्याद् भाषाश्च विविधा नृणाम् ।
द्रव्याणां स्थानयोगांश्च क्रयविक्रयमेव च ॥३३२॥

bhṛtyānāṃ ca bhṛtiṃ vidyād bhāṣāśca vividhā nṛṇām |
dravyāṇāṃ sthānayogāṃśca krayavikrayameva ca ||332||

 

He shall know also the wages of servants, the several languages of men, the manner of keeping goods, and also their purchase and sale. — (332)

 

Medhātithi’s commentary (manubhāṣya):

‘Servants’ — slaves and other attendants; such as the herdsman, the shepherd, the elephant-driver and so forth; — he should know what would be the proper wages for such servants.

The languages of Mālava, Magadha, Draviḍa and other countries; — i.e., in such a a country they employ this word to denote this thing and so forth.

‘Manner of keeping goods’ — In such places such a thing is stored in this manner. — it is wrapped up in this manner, and so forth.

Also the manner of selling them. — (332)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 417); — and in Madanapārijāta (p. 227).

 

Comparative notes by various authors:

(verses 9.326-333)

[See texts under 8.410-418.]

See Comparative notes for Verse 9.326.

 

 

VERSE 9.333

Section XLIII - Duties of the Vaiśya and the Śūdra

 

धर्मेण च द्रव्यवृद्धावातिष्ठेद् यत्नमुत्तमम् ।
दद्याच्च सर्वभूतानामन्नमेव प्रयत्नतः ॥३३३॥

dharmeṇa ca dravyavṛddhāvātiṣṭhed yatnamuttamam |
dadyācca sarvabhūtānāmannameva prayatnataḥ ||333||

 

He shall put forth his best efforts towards increasing his property in a righteous manner; and he shall zealously give food to all beings. — (333)

 

Medhātithi’s commentary (manubhāṣya):

That is, be shall give away large quantities of food. Otherwise he should be punished by the King.

What is said here pertains to the Vaiśya who is possessed of much wealth. — (333)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 227); — and in Parāśaramādhava (Ācāra, p. 417).

 

Comparative notes by various authors:

(verses 9.333-336)

Viṣṇupurāṇa (Parāśaramādhava-Ācāra, p. 419). — ‘It is only through attending upon the twice-born that the Śūdra becomes entitled to perform the Pākayajñas; and thereby becoming blessed, he wins the worlds. — The Śūdra also shall make gifts, and perform the Pākayajña-sacrifices, as also the rites in honour of Pitṛs.’

Mahābhārata — Anuśāsana (Do.). — ‘Finding the Śūdra oppressed with bad traits due to the quality of Tamas, Pitāmaha ordained attendance upon the twice-born as his duty. Through his devotion to the twice-born, the Śūdra drops off all those traits due to the quality of Tamas; and by attending upon the twice-born, the Śūdra attains the highest good. — Harmless, devoted to good deeds, worshipful towards gods and the twice-born, the Śūdra becomes endowed with all the rewards of Dharma.’

Mahābhārata — Śānti (Parāśaramādhava-Ācāra, p. 420). — ‘The syllables svāhā and namaḥ are the mantras prescribed for the Śūdra; by means of these shall the Śūdra offer the Pākayajña-Sacrifices; he shall never amass wealth; having acquired wealth by service, he shall win the affection of his elders; and if he is righteously inclined, he may make gifts when permitted to do so by the King.’

Yājñavalkya (Do., p. 419). — ‘Attached to his wife, pure, supporting his dependants, devoted to the performance of Śrāddhas, he should never omit to perform the Five Sacrifices by means of ths mantra namaḥ.’

Do. (Do., p. 422). — ‘If he cannot make a living by service of the twice-born, the Śūdra may become a trader, or obtain a living by means of the arts, always acting for the welfare of the twice-born.’

Parāśara (Ācāra, 65). — ‘The Śūdra may make a living by the sale of salt, honey, oil, curds, takra, clarified butter and milk. — But the Śūdra becomes immediately degraded by selling wine and flesh, by eating what should not he eaten, and by approaching women who should not be approached. The Śūdra falls immediately by drinking the milk of the Kapilā cow, by approaching a Brāhmaṇa woman and by pronouncing the words of the Veda.’

 

 

VERSE 9.334

Section XLIII - Duties of the Vaiśya and the Śūdra

 

विप्राणां वेदविदुषां गृहस्थानां यशस्विनाम् ।
शुश्रूषैव तु शूद्रस्य धर्मो नैश्रेयसः परः ॥३३४॥

viprāṇāṃ vedaviduṣāṃ gṛhasthānāṃ yaśasvinām |
śuśrūṣaiva tu śūdrasya dharmo naiśreyasaḥ paraḥ ||334||

 

For the Śūdra the highest duty conducive to his best welfare is to attend upon such Brāhmaṇa house-holders as are learned in the Vedas and famous. — (334)

 

Medhātithi’s commentary (manubhāṣya):

‘Famous’ — this indicates good character. ‘Attendance’ — Service.

This is the duty that leads to his highest good. — (334)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 230); — in Parāśaramādhava (Ācāra, p. 418); — and in Nṛsiṃhaprasāda (Āhnika 36b).

 

Comparative notes by various authors:

(verses 9.333-336)

See Comparative notes for Verse 9.333.

 

 

VERSE 9.335

Section XLIII - Duties of the Vaiśya and the Śūdra

 

शुचिरुत्कृष्टशुश्रूषुर्मृदुवागनहङ्कृतः ।
ब्राह्मणाद्याश्रयो नित्यमुत्कृष्टां जातिमश्नुते ॥३३५॥

śucirutkṛṣṭaśuśrūṣurmṛduvāganahaṅkṛtaḥ |
brāhmaṇādyāśrayo nityamutkṛṣṭāṃ jātimaśnute ||335||

 

If he is pure, attendant upon his superiors, of gentle speech, free from pride, and always dependent upon the Brāhmaṇa, — he attains a higher caste. — (335)

 

Medhātithi’s commentary (manubhāṣya):

‘Pure’ — by making due use of clay and water, and also by keeping his senses under control.

‘Attendant upon his superiors’ — i.e., the three higher castes.

‘Gentle in speech’ — i.e., not harsh and argumentative in speech, through his knowledge of such sciences as Logic and the like.

He attains a ‘higher caste’ — such as the Brāhmaṇa and the rest.

The motive has been clearly stated.

The ‘depending upon the Brāhmaṇa’ has been repeated with a view to indicate that this is a duty also for one who-may be serving other people; so long as it is not compatible with this latter. — (335)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava, (Ācāra, p. 418).

 

Comparative notes by various authors:

(verses 9.333-336)

See Comparative notes for Verse 9.333.

 

 

VERSE 9.336 [Conclusion]

Section XLIV - Conclusion

 

एषोऽनापदि वर्णानामुक्तः कर्मविधिः शुभः ।
आपद्यपि हि यस्तेषां क्रमशस्तन्निबोधत ॥३३६॥

eṣo'nāpadi varṇānāmuktaḥ karmavidhiḥ śubhaḥ |
āpadyapi hi yasteṣāṃ kramaśastannibodhata ||336||

 

Thus has the excellent law for the conduct of the castes in normal times been expounded; now listen in due order to what forms their duty in abnormal times. — (330)

 

Medhātithi’s commentary (manubhāṣya):

The meaning is quite clear. — (330)

 

Thus ends Discourse IX.

 

Comparative notes by various authors:

(verses 9.333-336)

See Comparative notes for Verse 9.333.

 

***


 

Discourse X - Abnormal Social Conditions

 

VERSE 10.1 [The Four Castes and their Purely Legitimate Progeny]

Section I - The Four Castes and their Purely Legitimate Progeny

 

अधीयीरंस्त्रयो वर्णाः स्वकर्मस्था द्विजातयः ।
प्रब्रूयाद् ब्राह्मणस्त्वेषां नेतराविति निश्चयः ॥१॥

adhīyīraṃstrayo varṇāḥ svakarmasthā dvijātayaḥ |
prabrūyād brāhmaṇastveṣāṃ netarāviti niścayaḥ ||1||

 

The three twice-born castes, devoted to their duties, shall study; but of these the Brāhmaṇa alone shall expound it, not the other two; such is the established law. — (1)

 

Medhātithi’s commentary (manubhāṣya):

The injunction for the study of the Veda by the three castes has been set forth in the text — ‘The entire Veda, along with the esoteric treatises, shall be studied by the twice-born;’ and for all householders it has been laid down as an obligatory duty that they shall not forget what has been learnt, — in such texts as — ‘One shall be always intent upon Vedic study’ (375), ‘He shall constantly ponder over the scriptures’ and so forth; and it is the Veda alone that can be called ‘śāstra,’ ‘scripture,’ in its primary sense of ‘instructing;’ since, it is the Veda alone that propounds injunctions not obtainable by any other means of knowledge; hence the Veda alone is the ‘scripture;’ and this term is applied to other works only indirectly, on the basis of their resembling the Veda in being like it, a literary composition. Thus then, it follows that the Veda shall be constantly recited, and there is evil involved in abandoning its study. As for the ‘Brahmayajña’ (which is done daily), this can he accomplished by the life-long daily repetition of a single hymn, a single Sāma-song, a single mantra or a single section; and hence that does not imply the necessity of remembering the entire text of the Veda.

Thus then, there being nothing left, which could form the original subject-matter of the present injunctive text (‘shall study &c.’), it has to be taken as a mere reiteration, — made for the purpose of precluding the Kṣatriya and the Vaiśya from the function of teaching, in the words ‘of these the Brāhmaṇa alone shall teach it, not the other two.’

“As a matter of fact, there can be no possibility of those two castes undertaking the work of teaching, which has been reserved exclusively for the Brāhmaṇa, in such texts as ‘Teaching belongs to the Brāhmaṇa alone.’ [So that there could be no occasion for the preclusion intended by the present text.]”

There is no force in this objection. The texts have hitherto reserved the function of Teaching for the Brāhmaṇa, only as a means of livelihood; so that the exclusion of the other castes would also appear to be with reference to the same; and the imparting of knowledge as a meritorious act would still be permissible for the other two castes; it is this possibility that the present text precludes.

Even granting that there is a general prohibition (of Teaching, for the other castes), the present text maybe taken as reiterating a settled fact, for the purpose of introducing the subject of the admixture of the castes and their functions. In this manner the order of sequence of the original promise would be duly maintained, — as set forth above, in the words ‘The duties of the Vaiśya and the Śūdra, then the origin if the mixed castes’ (1.116).

In this connection some people argue as follows: — The work of ‘Teaching’ consists in instructing one to pronounce the words, and ‘expounding’ includes also the explaining of the meaning of the words. So that the former prohibitions of

‘Teaching’ cannot mean the prohibition of ‘expounding;’ and for this latter, a fresh injunction (in the shape of the present text) becomes necessary.

An objection is raised — “We do not find the word ‘Veda’ in the present verse; wherefore then should the action of studying be taken as pertaining to the Veda? The reading of secular prose and poetry is also called ‘study.’”

The answer to this is as follows: — If the latter were meant, then the injunction would have to be taken as put forth with a view to some invisible result only; and that would necessitate the assuming of some such result as would be desired by the man undertaking the said study, as also the discovering of some authority for such an assumption. On the other hand, if we interpret the text as we have done above, it is found to have its authority in a well-known Vedic text, and there is no need for assuming another basic authority for it.

What is meant being already expressed by the term ‘twice-born,’ the term ‘three castes’ has been added for the purpose of filling up the metre; so also the epithet ‘devoted to their duties’ — (1)

 

Explanatory notes by Ganganath Jha:

‘Vaiśeṣyāt’. — ‘Through pre-eminence, — of qualities’ (Medhātithi), — ‘of race’ (Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda).

‘Niyamasya dhāraṇāt — ‘On account of the observance of the restrictive rules, i.e., those prescribed for the Accomplished student’ (Medhātithi, Govindarāja, Nārāyaṇa and Rāghavānanda); — ‘on account of his possessing superior knowledge of the Veda’ (Kullūka).

 

Comparative notes by various authors:

(verses 10.1-3)

[See texts under 71 et seq. below.]

Śaṅkha (Vīramitrodaya-Saṃskāra, p. 512). — ‘The Brāhmaṇa controls all the sciences; it is he who expounds them to others.’

Pālakāpyasaṃhitā (Vīramitrodaya-Saṃskāra, p. 513). — ‘The Brāhmaṇa may teach the other three castes; the Kṣatriya, two castes, and the Vaiśya, only one caste.’

 

 

VERSE 10.2

Section I - The Four Castes and their Purely Legitimate Progeny

 

सर्वेषां ब्राह्मणो विद्याद् वृत्त्युपायान् यथाविधि ।
प्रब्रूयादितरेभ्यश्च स्वयं चैव तथा भवेत् ॥२॥

sarveṣāṃ brāhmaṇo vidyād vṛttyupāyān yathāvidhi |
prabrūyāditarebhyaśca svayaṃ caiva tathā bhavet ||2||

 

The Brāhmaṇa should know the means of livelihood for all men; he shall duly expound them to the others and himself do accordingly. — (2)

 

Medhātithi’s commentary (manubhāṣya):

It has been already declared that there is to be no ‘teaching of duties’ for the Śūdra, in such texts as ‘he shall not teach his duty to him’ (4.80) and it is as an exception to this that we have the present text laying down that ‘means of livelihood should be explained to him.’

‘Livelihood’ — maintenance of the family; — the ‘means’ of that he should know.

‘Expound to the others’ — The plural number has been used for the purpose of including the Śūdra [the dual would

have been used if the Kṣatriya and the Vaiśya alone had been intended ].

‘Himself do accordingly;’ — i.e., he shall have recourse to only such means of livelihood as have been prescribed for him. — (2)

 

Comparative notes by various authors:

(verses 10.1-3)

[See texts under 71 et seq. below.]

See Comparative notes for Verse 10.1.

 

 

VERSE 10.3

Section I - The Four Castes and their Purely Legitimate Progeny

 

वैशेष्यात् प्रकृतिश्रैष्ठ्यान्नियमस्य च धारणात् ।
संस्कारस्य विशेषाच्च वर्णानां ब्राह्मणः प्रभुः ॥३॥

vaiśeṣyāt prakṛtiśraiṣṭhyānniyamasya ca dhāraṇāt |
saṃskārasya viśeṣācca varṇānāṃ brāhmaṇaḥ prabhuḥ ||3||

 

The Brāhmaṇa is the lord of the castes, on account of his distinctive qualities, of the superiority of his origin, of his observance of restrictive rules, of the peculiar character of his sanctification. — (3)

 

Medhātithi’s commentary (manubhāṣya):

“What is the reason that the Brāhmaṇa alone is entitled to what has been just stated, and not the Kṣatriya and the rest also?”

The reason for this lies in the fact that it is in connection with the Brāhmaṇa that the scriptures put forth commendatory declarations (like the present text).

‘On account of distinctive qualities,’ — i.e., of peculiar characteristics; i.e., the excellence of his qualities.

These excellences are next pointed out — ‘of the superiority of his origin,’ — the Brāhmaṇa having sprung from the highest part of Prajāpati’s body. ‘Origin’ means source.

‘Observance of restrictive rules.’ — Inasmuch as the drinking of wine has been forbidden specifically for the Brāhmaṇa, it is this ‘restrictive rule’ that is meant here. Or they may refer to the ‘observances of the Accomplished Student,’ — such as the carrying of the bamboo staff and so forth, — which have been prescribed for the Brāhmaṇa only.

‘The peculiarity of his sanctification;’ — this refers to the observances of the Accomplished Student; the ‘peculiarity’ consisting in such rules as ‘water reaching the heart’ (2.162) and so forth. It cannot mean the ‘Initiatory Rite,’ as this is done for the child only (and hence could not refer to the grown up Brāhmaṇa); it is only in the case of the Kṣatriya and the Vaiśya that it is done after the expiry of childhood.

For these reasons the Brāhmaṇa is the ‘lord’ — controller — ‘of the castes.’ — (3)

 

Explanatory notes by Ganganath Jha:

‘Vaiśeṣyāt’. — ‘Through pre-eminence, — of qualities’ (Medhātithi), — ‘of race’ (Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda).

‘Niyamasya dhāraṇāt — ‘On account of the observance of the restrictive rules, i.e., those prescribed for the Accomplished student’ (Medhātithi, Govindarāja, Nārāyaṇa and Rāghavānanda); — ‘on account of his possessing superior knowledge of the Veda’ (Kullūka).

 

Comparative notes by various authors:

(verses 10.1-3)

[See texts under 71 et seq. below.]

See Comparative notes for Verse 10.1.

 

 

VERSE 10.4

Section I - The Four Castes and their Purely Legitimate Progeny

 

ब्राह्मणः क्षत्रियो वैश्यस्त्रयो वर्णा द्विजातयः ।
चतुर्थ एकजातिस्तु शूद्रो नास्ति तु पञ्चमः ॥४॥

brāhmaṇaḥ kṣatriyo vaiśyastrayo varṇā dvijātayaḥ |
caturtha ekajātistu śūdro nāsti tu pañcamaḥ ||4||

 

The Brāhmaṇa, the Kṣatriya and the Vaiśya are the three twice-born castes; the fourth is the one caste, Śūdra; there is no fifth. — (4)

 

Medhātithi’s commentary (manubhāṣya):

What are these ‘castes’? Is the word ‘caste’ denotative of a species of human beings? No; these are four castes, begining with the ‘Brāhmaṇa’ and ending with the ‘Śūdra.’ The others — the ‘Barbara,’ the ‘Kaivarta’ and so forth — are only mixed races, as will be described later on.

Of these four, three castes are ‘twice-born,’ — the ‘Initiatory Rite’ being prescribed for them.

‘One caste’ is the Śūdra; there is no ‘Initiatory Rite’ for him; since the injunction of this rite contains the distinct mention of the three castes, Brāhmaṇa and the rest; — e.g., ‘the Brāhmaṇa shall be initiated in the eighth year, the Kṣatriya in the eleventh and the Vaiśya in the twelfth;’ and nowhere is the name of the Śūdra mentioned.

“Since no time is specified in connection with the Śūdra, it may simply mean that there is no time fixed for his Initiation.”

This might have been the meaning, if there were a general injunction for Initiation (for all men in general); and in that case all these rules regarding the castes, the times for initiation would have to be taken as purely commendatory details. There is however no such general injunction for Initiation. Under the circumstances, on the strength of what authority could we take the Śūdras’ Initiation as to be done without any restriction regarding time?

“If that is so, then what is the point in reiterating that there is one caste the Śūdra?”

True; but it serves the purpose of removing a suspicion; on the strength of the assertion that it is done without sacred texts, the idea may be entertained that for the Śūdra there is Initiation without any restriction as to time.

“But the assertion quoted occurs in connection with the ‘Food-Sacrifices;’ and having served its purpose in that connection, it could not be made to refer to anything else.”

That is why we have said that there would just be a suspicion. In reality, however, the verse serves the purpose of restricting the actual practices of men. — (4)

 

Comparative notes by various authors:

Āpastamba (1.1.4-5). — ‘There are four castes — Brāhmaṇa, Kṣatriya, Vaiśya and Śūdra; — amongst these, each preceding caste is superior to the one following.’

Baudhāyana (1.16.1). — ‘There are four castes — Brāhmaṇa, Kṣatriya, Vaiśya and Śūdra.’

Vaśiṣṭha (2.1-2). — ‘There are four castes — Brāhmaṇa, Kṣatriya, Vaiśya and Śūdra; — the three castes, Brāhmaṇa, Kṣatriya and Vaiśya are twice-born.’

Yājñavalkya (1.10). — ‘The castes are the Brāhmaṇa, the Kṣatriya, the Vaiśya and the Śūdra; — the first three are twice-born.’

 

 

VERSE 10.5

Section I - The Four Castes and their Purely Legitimate Progeny

 

सर्ववर्णेषु तुल्यासु पत्नीष्वक्षतयोनिषु ।
आनुलोम्येन सम्भूता जात्या ज्ञेयास्त एव ते ॥५॥

sarvavarṇeṣu tulyāsu patnīṣvakṣatayoniṣu |
ānulomyena sambhūtā jātyā jñeyāsta eva te ||5||

 

Among all castes, those only who are born of consorts wedded in the natural order, as virgins of equal status, are to be regarded as the same (as their father). — (5)

 

Medhātithi’s commentary (manubhāṣya):

“Who are these that are called ‘Brāhmaṇa’ and the rest? We cannot perceive any difference among men. The determination of the caste is dependent upon a knowledge of individuals belonging to the caste; and individuals, devoid as they are of any knowledge of the disposition of the component atoms, cannot indicate any difference among the castes. Nor is there any difference in the figures of the ‘Brāhmaṇa’ and the ‘Kṣatriya’ as there is in those of the ‘cow’ and the ‘horse,’ for instance, — by virtue of which the said castes could be perceptible by the eye Nor are the said castes discernible by any other acts; as, for instance, the nature of the oil or the melted butter can be discerned by smelling or tasting. Nor again can the difference among them be discerned by differences in such details as those of purity, conduct, colour of the hair, and so forth; because these details are almost always found to be mixed up. Further, actual usage is dependent upon men, and as men are mostly deceptive, the character of anything cannot be ascertained by a mere reference to them.”

It is in view of these difficulties (in the ascertaining of a man’s caste) that the author is asserting here the definition of the castes.

‘Among all castes,’ — the definition that is applicable is that those born of women ‘0f equal status’ — of the same caste as the husband, — these women being the ‘wives’ — lawfully wedded consorts, — are to be regarded as the same. That is, in most cases, the caste of the child born of parents legally married is the same as that of its parents.

Since the term ‘wife’ is a relative term, it follows that the person who has married her is the ‘father’ of the child. So that the meaning comes to be that the child is of the same caste as the parents, when it is born of the woman from that same person who has wedded her.

The epithet ‘virgin’ has been added, and it precludes the possibility of a remarried woman being regarded as the ‘wife,’ — as also of the mother of the ‘Sahoḍa’ and ‘Kānīna’ sons.

Objection: — “As a matter of fact, there is no marriage - sacrament in the case of these latter; since it has been declared (Manu 8. 226) that ‘the sacred texts recited at the marriage-ceremony are applicable to maidens only.’ Though verse 9.173 declares that ‘the child belongs to the person who married her,’ where the mention of the term ‘marry’ indicates that there is legal sacrament in the cases in question also, yet all that this text can be taken as indicating is the possibility (of the sacrament), and there is nothing in it to indicate that it refers to something actually enjoined; so that in this text all that ‘the person marrying’ can mean is ‘the person who accepted her,’ — the verbal root signifying mere acceptance; and what the text means is that ‘when a man has accepted a girl for his wife, after having cheated her father and kinsmen, if a son happens to be born from her, he belongs to that man.’

There is in fact no sacrament in the case of remarried women; in regard to whom also it has been laid down that — ‘she is fit for a second nuptial ceremony, only if she he still a virgin’ (9.176). In connection with the girl who as ‘gone away and come back’ also, we find the term ‘again’ used (‘she may be married again’), which implies that she belongs to her husband. But none of these are entitled to associate with the ‘duly wedded consort;’ because the term ‘paint,’ ‘consort,’ connotes ‘co-operation at sacrificial rites.’ From all this it would seem that the qualification ‘if she be a virgin’ becomes superfluous. The older commentators read ‘nārīṣu’ (women) in place of ‘patnīṣu’ in the text But this also is nothing. If we had the qualification of ‘virginity’, only then would sons born of unmarried women belong to the same caste as the father. By using the term ‘patnī’ (consort) however it becomes clearly indicated that the women meant are only such as have been married with due religious rites. As for the girl with whom a man has intercourse before they are married, she may be a ‘virgin’ but certainly not a consort. Thus then it becomes necessary to explain the use and purport of the qualification ‘virgin’.”

The answer to the above is as follows: — It has been argued above that “the remarried women are not ‘consorts,’ because they are not entitled to co-operate at sacrificial rites.” But if such girls were wedded, this wedding itself would constitute a ‘sacrificial rite,’ since even at this ceremony offerings are made to Pūsan, Aryaman and Varuṇa; and ‘offering’ and ‘sacrifice’ are synonymous terms. Hence these girls also would be ‘consorts.’ In fact, the right view to take is that, inasmuch as they are no longer ‘maidens,’ they are not fit for the wedding ceremony; and it is on this ground that they cannot be ‘consorts.’ And even so the qualification ‘virgin’ being apparently superfluous, we proceed to explain its use. As a matter of fact, the term ‘consort’ is found to be applied, though figuratively, even to such women as are not entitled to co-operate at sacrificial rites; e.g., in such expressions as ‘the washerman’s consort’ (though no sacrificial performance is possible for the washerman). Similarly in the case of the ‘kept’ woman also, the name ‘housewife’ is applied, in the sense of the ‘wife’; and this on the ground of certain points on which such a woman resembles the real wife. Though it is true that, so long as a word can be used in its direct sense, it is not right to have recourse to its figurative sense, — yet what the writer does is to explain, in a friendly spirit, to dull-headed people, the impropriety of entertaining certain notions; specially what notion is there that may not be entertained by dull-headed people?

The qualification ‘in the natural order’ has been added in view of what follows later on.

Those who adopt the reading ‘ta eva te’, for them also the meaning is the same — i.e., ‘they belong to the same caste.’

The following arguments have been urged in connection with this subject: — “What is the authority at the root of this and similar assertions made by the authors of Smṛtis? Inasmuch as these do not make mention of anything to be done, they cannot stand on the same footing as the teachings regarding Virtue and Vice (what should be done and What should be avoided); and we have already shown that there is no other authority possible. If another Smṛti- text were cited as the requisite authority, then this would come to be a case of ‘the blind leading the blind’; as has been made clear under the verse dealing with the sources of knowledge of ‘Dharma’ (2.6).”

The answer to the above is as follows: — The authority consists in the practices of experienced men; just as in the case of the Smṛti -rules bearing on the correctness of words (i.e., grammar). It is true that the said practices may be defective and misleading. But it is there that the rules laid down in the Smṛti come in useful, as serving to control them. Specially as it cannot be said that the ‘Smṛti,’ ‘recollection,’ of learned men is wrong; for persons intent upon the following of the scriptures are universally known as exceptionally trustworthy; and the basic authority for these would consist in eternal usage.

It is the theory of some people that men who are steeped in the study of the Smṛti and belong to certain selected noble families may be able to have a direct (intuitive) knowledge of things. This we have dealt with in detail in the Smṛtiviteka.

“In another Smṛti (Yājñavalkya, 1.20) there are no such qualifying conditions as we find in the present text; all that is said there is — ‘Children born to men of a certain caste from women of the same caste, are also of the same caste; — sons born of unblamable marriages are the perpetuators of the race’; — where the first half indicates the caste of the child, and the latter declares the fact of the products of the ‘Brahma’ and other marriages being ‘perpetuators of the race.’ Now in this text, all that is said is ‘sons born to a man from women of the same caste,’ and there is no mention of the name ‘patnī,’ ‘consort.’”

How can it be said that there is no such qualification, when it is added later on that ‘this rule applies to the case of wedded women’ (Yājña, 1.92)? Further, what if there is no qualifying phrase in this other text? A qualified text is always more authoritative than an unqualified one; as perception is always more reliable than non-perception; it is just possible that the qualifying condition, actually present, may have been seen by one, but missed by the other (writer).

From all this it follows that the ‘recollection of learned men’ is authoritative, on account of the possibility of its being based upon the Śruti.

“The definition provided by the verse is not correct, since it does not include all that should be included. For instance, under the definition ‘Brāhmaṇa-hood’ could never belong to the ‘son taken along with the mother,’ the ‘maiden-born son,’ or the ‘son of the remarried woman.’ It might be argued that — ‘as in the cases of the son born of another man to an unwidowed woman, the son born to a widow and the soil-born son, so in the case of these sons also, it is intended that Brāhmaṇa-hood should not belong to them.’ But in that case, what would be the caste of these? Further, if the ‘son of the unwidowed woman born of another man,’ and the ‘son of the widow’ were not Brāhmaṇas, there could be no possibility of anyone thinking of feeding them at Śrāddhas, and hence there would be no point in the prohibition (contained in 3.155, 156) of such feeding. Then again, such a view would he contrary to other Smṛti -texts. For instance, we read — ‘This rule that I have described pertains to sons of the same caste as the father.’ (Yājñavalkya, 2.33).

“Further, as a rule, the definition is the same as the thing defined, — the only difference being that ‘what is to be defined’ is not known, while ‘the definition’ is well known. E.g. it being doubtful (not known) who Devadatta is, we have the definition — ‘he who is wearing the armlet and the ear-ring, of the developed chest and rounded arms’ (all which is already known). What the present text does is to declare, — in answer to the question who is a Brāhmaṇa? — that ‘he is one born of a Brāhmaṇa;’ and this is exactly as if, on being asked — ‘what is a crow?’ — one were to say ‘it is what is born of a crow!’ In fact, it is still to be known what is that ‘Brāhmaṇa-hood’ that belongs to the father.

“The definition is illogical also: In the world one born of a female from a male of the same genus always belongs to that same genus; e.g., what is born of the cow is of the genus of the ‘cow,’ what is born of the ‘mare’ is of the genus of the horse’ [and certainly in all these eases marriage does not enter as a necessary factor].”

The answer to the above is as follows: — First of all it has been asked — what would be the caste of certain kinds of sons? Well, what is the need for any ‘caste?’ They belong to the genus ‘man;’ and even without having any specific caste-distinction attributed to them, they become entitled to all that characterises the man, — both as ‘sons’ and as persons dealing with Śrāddhas. Specially as all men are equally entitled to making gifts.

“But in the absence of further distinction, dealings with the man could not proceed (merely on the basis of his belonging to the genus ‘man’); for the simple reason that the genus ‘man’ is common to all human beings.”

There is no force in this; every person has his own distinctive appellation; every man is called either ‘Devadatta’ or ‘Yajñadatta.’ Then, if it be considered necessary to specify the particular relationship of the persons in question, — well, they have such appellations as ‘Kānina’ (‘maiden-born’),

‘Sahoḍha’ (‘taken with the mother’) and so forth.

“But all these names are found among all the four castes; so that they also would be general (just like the genus ‘man’).”

In that case, they would be distinguished by the name of their father — ‘he is the maiden-born son of Devadatta,’ and so forth.

Thus there is no force in the argument based upon the difficulty of distinguishing these sons.

All the laws that are formulated herb are with reference to all the four castes; as is clear from what has been declared in 1.2 above. That is why we have the plural number in the text, which refers to the four castes, ‘Brāhmaṇa’ and the rest. The persons here mentioned do not all belong to any one caste; since the definition set forth is such as is applicable to all castes. Just as the son born to a Brāhmaṇa from his wedded Brāhmaṇī wife is a Brāhmaṇa, so is the son born to a Kṣatriya and the other castes also, born of parents of the same caste, belong to that same caste. Then again, there could be no ‘genus’ in the absence of all particulars. E.g., in the absence of the particular trees, Śiṃśapā and the rest, where could there be the genus ‘tree?’

The mixed castes are of two kinds — the product of marriages ‘in the natural order,’ and the product of marriages of the ‘reverse order.’ Now those of the former class take the mother’s caste; while the products of marriages of the ‘reverse order’ have no duties save the most general ones of ‘not injuring living beings’ and so forth (enumerated in 10.63). All kinds of sons have been duly specified with their own distinctive names, and yet even the name of the products of ‘reverse marriages’ is not found mentioned.

“What are those duties to the performance whereof these people would be entitled? Where too is the text that makes them so entitled? The duties described here are not with reference to any particular caste; the text — ‘Of the mixed castes etc., etc.’ (1.2) clearly indicates that what is described pertains to all castes.”

The answer to the above is as follows: — As regards the mention of the general duties of ‘not injuring others’ and the rest, with reference to the four castes, it is clearly meant to be applicable to every human being.

Even though the text occurs in connection with sons born of ‘marriages in the reverse order,’ yet its direct meaning bears upon all men. In reality however it is more logical to take it as pertaining to such castes as stand on the same footing as those born of ‘reverse marriages,’ and it cannot stop short only at what is indicated by the context This we shall explain under the text (10.63) itself.

Then again, we have the following declaration — ‘All those born of violation of the law are equal to Śūdras;’ (Manu 10.41), — where ‘violation of the law’ stands for ‘absence of sacramental rites;’ and this is of eight kinds, as described under verse 24 below; — where ‘adultery’ stands for sexual intercourse with the wives of other men belonging to one’s own caste; other matters relating to this matter we shall explain later on.

Thus then it follows that, even though the sons born of such ‘violations of the law’ do not belong to any caste, yet their title to the performance of certain acts rests upon the direct declarations of the texts.

In the case of the Kṣatriya the child should be taken to belong to the mother’s caste; because there are texts indicative of this: In connection with the ‘Dvyāmuṣyāyaṇa’ son a peculiar ceremony has been prescribed (?); and in connection with other Śrauta rites also, we find a distinct procedure laid down with reference to him (?)

From all this it follows that it is only the son belonging to the Brāhmaṇa caste who is entitled to an equal share with his uncle; hence it is that it is declared that ‘one should receive him legally.’ (?) All this would not be well if the injunction were in the aforesaid form. Because according to that‘he would be equal to the Śūdra;’ and as property is meant for sacrificial performances (to which the Śūdra is not entitled), how could he be entitled to any share of it?

As for the son ‘born of another man while the husband is alive,’ and that ‘born of a widow,’ these are only ‘soil-born’ sons. Such is the custom among all civilised men; e.g., Pāṇḍu, Dhṛtarāṣṭra and Vidura, all ‘soil-born’ sons, took the caste of their respective mothers.

Then again, the ‘outcast’ also has been excluded from being invited at Śrāddhas; and yet as he would be beyond the pale of all morality, there could be no possibility of any idea being entertained regarding his admissibility [so that the objector was not justified in drawing any conclusions from the exclusion of the ‘soil-born’ sons from Śrāddhas ],

As regards the text quoted above (from Yājñavalkya, 2.133), — since it is a mere reference, it may be explained away somehow. Or we may take it as referring to the ‘appointed’ son.

Then as regards the argument that “it is only what is well-known that can serve as the definition (the distinguishing feature) of anything” — we ask — Is not the meaning of the term ‘Brāhmaṇa’ already known? In fact what the text does is to preclude the idea of ‘illegitimacy’ bang entertained regarding persons to whom die name ‘Brāhmaṇa’ is applied, — the sense being that they belong to the caste of their parents. Nor can it be argued that this would lead to a regressus ad infinitum; as the world has had no beginning in time.

It has been urged that what is here stated is illogical But this could be so only if the matter of castes were something negotiable by direct perception. As a matter of fact however it is something that can be determined only with the help of Smṛtis, and as such must be as they are declared to be in these texts. Just as in the case of such titles as ‘Vaśiṣṭha’ and the like (family-names), it is found that, even in the absence of any blood-relationship with the personage named, they are applied to men on the basis of uninterrupted tradition handed down from times immemorial; and serve as the basis of such expressions as ‘the Vaśiṣṭhas are listening.’ And the case of the castes also should be taken as standing on the same footing. Just as in the case of a number of Brāhmaṇas, all of whom are equally ‘Brāhmaṇas,’ they are classified as ‘Bhṛgus,’ ‘Vatsas; ‘Bhāradvājas,’ and so forth — such distinction being based entirely upon ‘Smṛti,’ — so in the case of a number of persons, all of whom are equally ‘men,’ they come to be distinguished as ‘Brāhmaṇas,’ ‘Kṣatriyas’ and so forth.

Some people have brought forward (against the view that Brāhmaṇas must be born of duly wedded Brāhmaṇa couples) the case of Jābāla: Satyakāma Jābāla asked his mother — To what gotra do I belong? She answered — I do not know, as I obtained you while I was, during my youth, attending, as a maid, upon several men. Having heard this, the boy went over to Hāridrumata Gautama, and said — Revered Sir, I wish to reside with you as a Religious Student. The sage asked him — To what gotra do you belong? The boy answered — I asked my mother, and she told me that in her youth, she obtained me etc., etc.; — whereupon Gautama concluding that no non-Brāhmaṇa could speak so frankly, directed him to fetch fuel and said — ‘I shall initiate thee.’ What the mother meant was that in her youth she met many men, and she knew not from whom the child was born; and what Gautama did was to infer, from the boy’s truthfulness, that he must have been begotten by a Brāhmaṇa, and hence he initiated him. From this those people conclude that sons born to persons from such women of the same caste as are not duly wedded, are also of the same caste.

There is however no force in this. All that the mother’s statement means is — ‘I obtained you during my youth’ — at a period of life when the mind is fickle, being beset with fancies — ‘when I was attending’ — as a maid-servant, suffering from hunger — ‘wandering in several places’ — not living at any one place, — ‘hence I have no recollection of the gotra-name of my husband.’

From all this it becomes established that sons born to a person from a duly wedded wife of the same caste as himself belong to the same caste. And in the case of Jābāla also, Gautama inferred from the words of the boy, that he must be the son of Brāhmaṇa- parents; hence though he recognised him as a Brāhmaṇa, he did not know his gotra. What he wished to ascertain by means of the question regarding the boy’s gotra, was the special Vedic Rescension to which he belonged; and this for the reason that the exact method of his initiation would vary with the Rescension to which one belonged; while his gotra has no bearing upon the initiation at all. And it is not, as some people have explained, that “the question really referred to the boy’s caste, the idea in the sage’s mind being that he would deduce the caste from the nobility of his race, while a direct question about caste would be impolite.” — (5)

 

Explanatory notes by Ganganath Jha:

‘Ānulomyena’. — ‘In the direct order, i.e., by a Brāhmaṇa on a Brāhmaṇī and so forth’ (Medhātithi, Govindarāja and Kullūka); — ‘the bridegroom being always older than the bride” (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 511), which explains the meaning to be that children born of a Brāhmaṇa couple are Brāhmaṇa by caste; so also in the case of Kṣatriya couples and so forth; — and in Nṛsiṃhaprasāda (Saṃskāra 76a).

 

Comparative notes by various authors:

Āpastamba (2.13.1). — ‘Sons begotten by a man who approaches in the proper season a woman of equal caste, who has not belonged to another man, and who has been married legally, have a right to follow the occupations of their castes.’

Viṣṇu (16.1). — ‘On women equal in caste to their husbands, sons are begotten who are equal in caste to their fathers.’

Yājñavalkya (1.90). — ‘From women of the same caste as their husbands are born sons of the same caste.’

Baudhāyana (1.17.2). — ‘Sons of equal caste spring from women of equal caste.’

Do. (1.16.6). — ‘Sons begotten on wives of equal caste or of the next lower caste are of the same caste as the father’

 

 

VERSE 10.6 [Mixed Castes]

Section II - Mixed Castes

 

स्त्रीष्वनन्तरजातासु द्विजैरुत्पादितान् सुतान् ।
सदृशानेव तानाहुर्मातृदोषविगर्हितान् ॥६॥

strīṣvanantarajātāsu dvijairutpāditān sutān |
sadṛśāneva tānāhurmātṛdoṣavigarhitān ||6||

 

The sons begotten by twice-born men on wives of the next lower castes, they declare to be equal, tainted as they are by the defect of their mothers. — (6)

 

Medhātithi’s commentary (manubhāṣya):

Sons begotten, — in the natural order — on wives of the next lower caste’ — i.e., the caste immediately lower — are to be regarded as ‘equal,’ — not of the same caste. That is the son of a Brāhmaṇa father from a Kṣatriya mother, or of a Kṣatriya father from a Vaiśya mother, is ‘equal’ to the father, and not the very same.

And the reason for this is that they are ‘tainted with the defect of their mother.’

This declaration of ‘equality’ implies that the sons are superior to the mother, but inferior to the father.

‘By twice-born men.’ — The use of the plural number and the fact that the caste is determined with reference to the mothers, indicates that this is possible only in the case of marriages ‘in the natural order.’ For in the case of marriages ‘of the inverse order,’ the caste would be determined with reference to the father, who is of a lower caste than the mother. It is for this reason that the preceding verse has added the phrase ‘in the natural order.’ What we said in the Bhāṣya on the preceding verse, that this phrase had been added ‘with a view to what follows,’ did not refer to this, but to the forthcoming verses. — (6)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 512), which explains the meaning to be that the child born to a Brāhmaṇa from a legally married Kṣatriya wife, is ‘like the Brāhmaṇa’, not quite a Brāhmaṇa, — its inferiority being due to the inferior caste of the mother.

 

Comparative notes by various authors:

(verses 10.6-41)

Arthaśāstra (pp. 42-45). — ‘Sons born to the Brāhmaṇa, Kṣatriya and Vaiśya fathers from wives of the next lower caste are of the same caste as their fathers; — the son born to the Brāhmaṇa from a Vaiśya wife is the Ambaṣṭha; on Śūdra wife, the Niṣāda or the Pāraśava; to the Kṣatriya from a Vaiśya wife, the Ugra; that born to a Vaiśya from a Śūdra wife is the Śūdra. Sons born to these (Brāhmaṇa, Kṣatriya and Vaiśya) from wives of the same caste as themselves, hut married before Upanayana, are Vrātyas. These are sons born in the regular mixtures. From the Śūdra father, on wives of the Brāhmaṇa, Kṣatriya and Vaiśya castes are born the Caṇḍāla, the Kṣattṛ and the Āyogava respectively; from the Vaiśya father, on wives of the Brhāmaṇa and Kṣatriya castes, the Vaidehaka and the Māgadha respectively; — from the Kṣatriya father, on a wife of the Brāhmaṇa caste, the Sūta. These are the sons born of the irregular mixtures. From Ugra father and Niṣāda mother is born the Kukkuṭaka; from Niṣāda father and Ugra mother, the Pulkasa; from Ambaṣṭha father and Vaidehika mother is born the Vaiṇa; from Vaidehika father and Ambaṣṭha mother is born the Kuśīlava; from Kṣattṛ mother and Ugra father, is born Śvapāka; by profession, the Vaiṇa is the chariot-maker. All these, with the exception of the Caṇḍāla, have the same duties as the Śūdra.’

Baudhāyana (1.16.7-12, 16; 1.17.7, 8, 11-14). — ‘Sons born of wives of the second or third lower castes are Ambaṣṭhas, Ugras and Niṣādas. Of females wedded in the inverse order are born Āyogavas, Māgadhas, Vaiṇas, Kṣattṛs, Pulkasas, Kukkuṭas, Vaidehakas and Caṇḍālas. An Ambaṣṭha begets on a woman of the first caste, a Śvapāka; an Ugra on a woman of the second caste, a Vaiṇa; a Niṣāda on a woman of the third caste, a Pulkasa; in the contrary case, a Kukkuṭaka is produced. I may quote the following — “Those sons whom an uninitiated man begets, the wise call Vrāṭyas, who are excluded from the Śāvitrī.” A Brāhmana begets on a woman of the Ksatriya caste, a Brāhmaṇa; on a woman of the Vaiśya caste, an Ambaṣṭha; on a woman of the Śūdra caste, a Niṣāda, — according to some, a Pāraśava. A Kṣatriya begets on a female of the Vaiśya caste, a Kṣatriya; on a female of the Śūdra caste, an Ugra. A Vaiśya begets on a female of the Śūdra caste, a Rathakāra. A Śūdra begets on a female of the Vaiśya caste, a Magadha; on a female of the Kṣatriya caste, a Kṣattṛ; but on a female of the Brāhmaṇa caste, a Caṇḍāla. A Vaiśya begets on a female of the Kṣatriya caste, an Āyogava; on a female of the Brāhmaṇa caste, a Sūta. If among these a n Ambaṣṭha male and an Ugra female unite, their son shall be born in the regular order; if a Kṣattṛ male and a Vaidehaka female unite the son born shall be in the inverse order. An Ugra begets on a female of the Kṣattṛ caste, a Śvapāka; a Vaidehaka on a female of the Ambaṣṭha caste, a Vaiṇa; a Niṣāda on a female of the Śūdra caste, a Pulkasa; a Śūdra on a woman of the Niṣāda caste, a Kukkuṭaka. — The wise declare that those sprung from an intermixture of castes are Vrātyas.’

Āpastamba (2.13.1-5). — ‘If a man approaches a woman who had been married to another man, or was not legally married to himself, they both commit sin; — through their sin, their son also becomes sinful.’

Gautama (4.16, 21). — ‘Children born in the regular order of wives of the next second or third lower castes are of the same caste as the father, and these are Ambaṣṭhas, Ugras,

Niṣādas and Dauśyantas or Pāraśavas. — Children born in the inverse order of wives of higher castes, are Sūtas, Māgadhas, Āyogavas, Kṣattṛs, Vaidehakas and Caṇḍālas. Some declare that a woman of the Brāhmaṇa caste bears respectively to the husband of the four castes, sons who are Brāhmaṇas, Sūtas, Māgadhas and Caṇḍālas; and that a woman of the Kṣatriya caste bears to the same, Mūrdhābhiṣiktas, Kṣatriyas, Dhīvaras, Pulkasas; — a woman of the Vaiśya caste to the same, Bhṛjyakaṇṭhas, Māhiṣyas, Vaiśyas, and Vaidehas; — and a woman of the Śūdra caste, to the same, Pāraśavas, Yavanas, Karanas and Śūdras.’

Vaśiṣṭha (18.19). — ‘They declare that the offspring of a Śūdra father and Brāhmaṇa mother is Caṇḍāla, — that of Śūdra father and Kṣatriya mother, the Vaiṇa, — that of Śūdra father and Vaisya mother, the Anlyāvasāyin; — they declare that the son of a Vaisya father and Brāhmaṇa mother is the Rāmaka; that of Vaisya father and Kṣatriya mother, the Pulkasa; that of Kṣatriya father and Brāhmaṇa mother is the Sūta. They quote the following — “One may know by their deeds those who have been begotten secretly, and to whom the stigma of springing from unions in the inverse order of the castes attaches; because they are destitute of virtue and good conduct.” — Children begotten by Brāhmaṇas, Kṣatriyas and Vaisyas on females of the next lower, second lower and third lower castes become respectively, the Ambaṣṭha, the Ugra and the Niṣāda. — The sou of a Brāhmaṇa father and Śūdra mother is the Pāraśava.

Yājñavalkya (1.91-95). — ‘From Brāhmaṇa father and Kṣatriya mother is born the Mūrdhābhiṣikta; from Brāhmaṇa father and Vaiśya mother, the Ambaṣṭha; and from Brāhmaṇa father and Śūdra mother, the Niṣāda or Pāraśava. — From Kṣatriya father and Vaiśya or Śūdra mother is born the Māhiṣya or the Ugra respectively. From Vaiśya father and Śūdra mother, the Karaṇa. Such is the law regarding children of married wives. — From Kṣatriya father and Brāhmaṇa mother is born the Sūta; from Vaiśya father and Brāhmaṇa mother, the Vaidehaka; from Śūdra father and Brāhmaṇa mother is born the Caṇḍāla, who is outside the pale of all righteousness. — From Vaiśya father and Kṣatriya mother is born the Māgadha; from Śūdra father and Kṣatriy a mother, the Kṣattṛ; from Śūdra father and Vaiśya mother, the Āyogava. — From Māhiṣya father and Karaṇa mother is born the Rathakāra. The sons born in the inverse order of castes are declared to he bad and those in the regular order, good.’

Viṣṇu (16.4.-7, 17). — ‘The son of a Śūdra from a Vaiśya woman is called Āyogava; — the Pulkasa and Māgadha are sons of a Vaiśya and Śūdra respectively from a Kṣatriya woman. — The Caṇḍāla, Vaidehaka and Sūta are the sons of a Śūdra, Vaiśya and Kṣatriya respectively, from a Brāhmaṇa woman. — Besides these there are innumerable other castes produced by further intermixture among those that have been just mentioned.... All members of mixed castes, whether their descent has been kept secret or is generally known, may be found out by their deeds.’

Mahābhārata (13.48.14-28, 49). — (On lines similar to Manu.)

Nārada (12.103-113). — ‘There are Anantara, Ekāntara and Dvyantara sons, both in the direct and inverse order of the castes. Of this description are the Ugra, Pāraśava, and Niṣāda, who are begotten in the direct order; as well as Ambaṣṭha, Māgadha and Kṣattṛ, who spring from a Kṣatriya woman. One of these latter is begotten in the direct order; of the two others, it must be known that they are begotten in an inverse order. The Kṣattṛ and the rest are begotten in an inverse order; the three mentioned first, in the direct, order. The son of a Brāhmaṇa father and Brāhmaṇa mother is equal in caste to the father. The son of a Brāhmaṇa from a Kṣatriya woman is an Anantara; — an Ambaṣṭha and an Ugra are begotten in the same way by Kṣatriya men and on Vaiśya women respectively. An Ambaṣṭha is an Ekāntara, the son of a Brāhmaṇa father from a Vaiśya woman. The son called Niṣāda springs from the union of a Kṣatriya with a Śūdra woman. A Śūdra woman obtains from a Brāhmaṇa a son called Pāraśava, who is superior to the Niṣāda. The Sūta, the Māgadha, the Āyogava, the Kṣattṛ and the Vaidehaka are begotten in the inverse order of castes. The Sūta is an Anantara begotten by a Kṣatriya on a Brāhmaṇa woman. Similarly the Māgadha and Āyogava are respectively the sons of Vaiśya and Śūdra fathers from a Brāhmaṇa mother. A Brāhmaṇa woman obtains from a Vaiśya father an Ekāntara son, called the Vaidehaka. A Kṣatriya woman obtains from a Śūdra, an Ekāntara son, called the Kṣattṛ. A Dvyantara son in the inverse order, the most abject of men, being the fruit of sinful intercourse, by name Caṇḍāla, is born of a Śūdra when a Brāhmaṇa woman forgets herself with him.’

Śukranīti (4.4, 71-72). — ‘Sons born of Vaiśya women and Kṣatriya or Brāhmaṇa fathers should be treated as Śūdra; also those born of Śūdra mothers.’

 

 

VERSE 10.7

Section II - Mixed Castes

 

अनन्तरासु जातानां विधिरेष सनातनः ।
द्व्येकान्तरासु जातानां धर्म्यं विद्यादिमं विधिम् ॥७॥

anantarāsu jātānāṃ vidhireṣa sanātanaḥ |
dvyekāntarāsu jātānāṃ dharmyaṃ vidyādimaṃ vidhim ||7||

 

Such is the eternal law relating to those born of wives of the next lower castes; know this (following) to be the right rule pertaining to those born of wives two or three degrees lower. — (7)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse reiterates what has gone before; and the second half contains a brief indication of what follows.

‘Two or three degrees lower.’ — For the Brāhmaṇa, the wife ‘three degrees lower’ would be the Śūdra; and the Vaiśya would be ‘two degrees lower.’

There is not much useful purpose served by this verse. — (7)

 

Explanatory notes by Ganganath Jha:

“Regarding the term Pāraśava, see above, 9.178. Govindarāja and Nārāyaṇa remark that the second name Pāraśava is added in order to distinguish the Niṣāda, who is Pratiloma and subsists by catching fish.” — Buhler.

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.8

Section II - Mixed Castes

 

ब्राह्मणाद् वैश्यकन्यायामम्बष्ठो नाम जायते ।
निषादः शूद्रकन्यायां यः पारशव उच्यते ॥८॥

brāhmaṇād vaiśyakanyāyāmambaṣṭho nāma jāyate |
niṣādaḥ śūdrakanyāyāṃ yaḥ pāraśava ucyate ||8||

 

From the Brāhmaṇa on a Vaiśya maiden is born the ‘Ambaṣṭha’ and on a Śūdra maiden the ‘Niṣāda,’ who is called ‘Pārośora.’ — (8)

 

Medhātithi’s commentary (manubhāṣya):

For the Brāhmaṇa, the Vaiśya girl is ‘two degrees lower,’ and the child born of her is the ‘ambaṣṭha’; called in another Smṛti (Gautama, 4.20) ‘Bhṛjyakaṇṭha.’

The child born of the Śūdra girl, who is ‘three degrees lower,’ is the ‘Niṣāda,’ also called ‘Pāraśara.’

The name ‘Niṣāda’ also belongs to a caste born from a marriage of the ‘inverse’ order. (See verse 15 below).

The term ‘maiden’ stands for woman in general, — say some people; ‘Vaiśya maiden’ meaning Vaiśya woman; and so on throughout — (8)

 

Explanatory notes by Ganganath Jha:

Buhler is not right in saying that “Medhātithi does not give this verse”.

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.9

Section II - Mixed Castes

 

क्षत्रियात्शूद्रकन्यायां क्रूराचारविहारवान् ।
क्षत्रशूद्रवपुर्जन्तुरुग्रो नाम प्रजायते ॥९॥

kṣatriyātśūdrakanyāyāṃ krūrācāravihāravān |
kṣatraśūdravapurjanturugro nāma prajāyate ||9||

 

From the Kṣatriya on a Śūdra maiden is born a being called ‘Ugra,’ of the stuff of the Kṣatriya and Śūdra, cruel in his deeds and dealings. — (9)

 

Medhātithi’s commentary (manubhāṣya):

‘Deeds and dealings’ — stand for actions of body and speech. Both these are cruel in the case of the caste mentioned.

This is only a description of the character of the man; — the term ‘stuff’ standing for nature. The two natures assert themselves, since the child is born of the two castes. — (9)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 541).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.10

Section II - Mixed Castes

 

विप्रस्य त्रिषु वर्णेषु नृपतेर्वर्णयोर्द्वयोः ।
वैश्यस्य वर्णे चैकस्मिन् षडेतेऽपसदाः स्मृताः ॥१०॥

viprasya triṣu varṇeṣu nṛpatervarṇayordvayoḥ |
vaiśyasya varṇe caikasmin ṣaḍete'pasadāḥ smṛtāḥ ||10||

 

Children of the Brāhmaṇa from the three lower castes, of the Kṣatriya from the two lower castes, and of the Vaiśya from the one lower caste, — these six have been declared to be ‘lowborn.’ — (10)

 

Medhātithi’s commentary (manubhāṣya):

The first three quarters of this verse contain a mere reiteration of what has gone before; and the fourth serves the purpose of pointing out the meaning of the term ‘Apasada,’ ‘Lowborn’; — the meaning being that the children of the three castes born of women one, two and three degrees lower should be known as ‘low-born.’

These are called ‘low-born’ because, though they serve the purposes of the ‘son,’ they are of a lower status than the son born of a wife of the same caste. — (10)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 512), which adds that these are called ‘apasada,’ ‘base-born,’ on account of their being devoid of the pure caste of the Father, — and in Nṛsiṃhaprasadā (Saṃskāra 76a).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.11

Section II - Mixed Castes

 

क्षत्रियाद् विप्रकन्यायां सूतो भवति जातितः ।
वैश्यान् मागधवैदेहौ राजविप्राङ्गनासुतौ ॥११॥

kṣatriyād viprakanyāyāṃ sūto bhavati jātitaḥ |
vaiśyān māgadhavaidehau rājaviprāṅganāsutau ||11||

 

One born from the Kṣatriya on the Brāhmaṇa maiden is ‘Sūta’ in caste; and the sons born on the Kṣatriya and the Brāhmaṇa maiden from the vaiśya are ‘Māgadha’ and ‘Vaideha’ respectively. — (10)

 

Medhātithi’s commentary (manubhāṣya):

The foregoing rules apply to marriages in the ‘natural order,’ those pertaining to the marriages of the ‘reverse order’ are now stated.

The significance of the terra ‘maiden’ has been already explained.

From the Vaiśya are born the ‘Māgadha’ and the Vaideha,’ respectively; i.e., that born from the Kṣatriya girl is the ‘Māgadha’ and that born of the Brāhmaṇa girl, the ‘Vaideha.’ — (11)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 540); — and in Parāśaramādhava (Āchāra, p. 513).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.12

Section II - Mixed Castes

 

शूद्रादायोगवः क्षत्ता चण्डालश्चाधमो नृणाम् ।
वैश्यराजन्यविप्रासु जायन्ते वर्णसङ्कराः ॥१२॥

śūdrādāyogavaḥ kṣattā caṇḍālaścādhamo nṛṇām |
vaiśyarājanyaviprāsu jāyante varṇasaṅkarāḥ ||12||

 

From the Śūdra on the Vaiśya, the Kṣatriya and the Brāhmaṇa maiden are born the mixed castes, ‘Āyogava,’ Kṣattṛ and the ‘Caṇḍāla,’ the lowest of men. — (12)

 

Medhātithi’s commentary (manubhāṣya):

Here also the names are to be taken respectively.

Though the terms ‘Vaiśya’ and ‘Rājanya’ (without the feminine ending are denotative of the mere castes, yet from the force of implication they are understood to mean the girls of those castes; just as in the case of such expressions as ‘Mṛgakṣīram’ and ‘Kukkuṭāṇḍam’ (where the mṛgī, the female deer and the Kukkuṭī, the hen, are meant). The feminine endings have been dropped on account of metrical considerations. — (12)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 540); — and in Parāśaramādhava (Ācāra, p. 513).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.13

Section II - Mixed Castes

 

एकान्तरे त्वानुलोम्यादम्बष्ठोग्रौ यथा स्मृतौ ।
क्षत्तृवैदेहकौ तद्वत् प्रातिलोम्येऽपि जन्मनि ॥१३॥

ekāntare tvānulomyādambaṣṭhograu yathā smṛtau |
kṣattṛvaidehakau tadvat prātilomye'pi janmani ||13||

 

As the ‘Ambaṣṭha’ and the ‘ugra’ are born in the ‘natural order’ from a woman two degrees removed, — even so have been declared to be the ‘Kṣattṛ’ and the ‘Vaideha,’ though born in the ‘inverse order.’ — (13)

 

Medhātithi’s commentary (manubhāṣya):

From the Brāhmaṇa, on the Vaiśya girl — who is two degrees lower — is born the ‘Ambaṣṭha,’ and the ‘Ugra’ is born from the Kṣatriya on the Śūdra girl — who is two degrees lower; — both these being ‘born in the natural order.’ Similarly ‘in the inverse order’ the ‘Kṣattṛ’ is born from the Śūdra on the Kṣatriya girl — who is two degrees higher, — and the ‘Vaideha’ is born from the Vaiśya on the Brāhmaṇa girl — who is two degrees higher.

And both these two sets stand on the same footing, as regards the performance of the sacred rites, — but not as regards the functions of officiating at sacrifices and so forth.

Among the products of the ‘inverse marriages,’ the ‘Caṇḍāla’ alone is untouchable; as under verse 5.85, bathing has been prescribed as to be done only when one touches the Caṇḍāla, and not any other product of ‘inverse marriages.’ So that as regards the mixed castes, ‘Sūta,’ ‘Māgadha’ and ‘Āyogava,’ their treatment as regards touchability and so forth is to be like the ‘Caṇḍāla,’ on the ground of their being mentioned along with this latter, and this on the principle of the ‘stick and the cake’ (where the stick being placed within the cake, what happens to the one happens to the other also). — (13)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.14

Section II - Mixed Castes

 

पुत्रा येऽनन्तरस्त्रीजाः क्रमेणोक्ता द्विजन्मनाम् ।
ताननन्तरनाम्नस्तु मातृदोषात् प्रचक्षते ॥१४॥

putrā ye'nantarastrījāḥ krameṇoktā dvijanmanām |
tānanantaranāmnastu mātṛdoṣāt pracakṣate ||14||

 

The sons of twice-born men from women of the next lower caste, who have been enunciated in due order, are called by the name of the lower caste, on account of the taint attaching to their mothers. — (14)

 

Medhātithi’s commentary (manubhāṣya):

The child born of the Brāhmaṇa on the Kṣatriya or the Vaiśya mother, as also one born of the Kṣatriya father from the Vaiśya or the Śūdra mother, — they call by the name of the lower caste; i.e., their caste is the next lower in the natural order; which means that they are of their mother’s caste.

Ṃuch significance is not meant to attach to the term ‘next lower,’ hence it is added — ‘on account of the taint attaching to their mothers.’ That is they are not affected by the superior caste of their father. Hence, even though in reality they belong to ‘mixed castes,’ yet they have been declared to be of their mother’s caste. And this means that the proper sacramental rites should be performed. Apart from the present text, there is nothing to indicate that for the persons concerned the sacramental rites proper for the Kṣatriya and Vaiśya should be performed. And the reason is that like the mule, their caste is a totally different one. But since the present text declares that they are of their mother’s caste, there can be nothing wrong in the performance of their sacramental rites. — (14)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtikaumudī (p. 4), which adds the following notes: — ‘Anantarastrījāḥ,’ born of wives of inferior castes; — ‘mātṛdoṣāt,’ by reason of the inferiority of the mother’s caste, — ‘anantaranāmnaḥ,’ named after the mother’s caste.

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.15-18

Section II - Mixed Castes

 

ब्राह्मणादुग्रकन्यायामावृतो नाम जायते ।
आभीरोऽम्बष्ठकन्यायामायोगव्यां तु धिग्वणः ॥१५॥

आयोगवश्च क्षत्ता च चण्डालश्चाधमो नृणाम् ।
प्रातिलोम्येन जायन्ते शूद्रादपसदास्त्रयः ॥१६॥

वैश्यान् मागधवैदेहौ क्षत्रियात् सूत एव तु ।
प्रतीपमेते जायन्ते परेऽप्यपसदास्त्रयः ॥१७॥

जातो निषादात्शूद्रायां जात्या भवति पुक्कसः ।
शूद्राज् जातो निषाद्यां तु स वै कुक्कुटकः स्मृतः ॥१८॥

brāhmaṇādugrakanyāyāmāvṛto nāma jāyate |
ābhīro'mbaṣṭhakanyāyāmāyogavyāṃ tu dhigvaṇaḥ ||15||

āyogavaśca kṣattā ca caṇḍālaścādhamo nṛṇām |
prātilomyena jāyante śūdrādapasadāstrayaḥ ||16||

vaiśyān māgadhavaidehau kṣatriyāt sūta eva tu |
pratīpamete jāyante pare'pyapasadāstrayaḥ ||17||

jāto niṣādātśūdrāyāṃ jātyā bhavati pukkasaḥ |
śūdrāj jāto niṣādyāṃ tu sa vai kukkuṭakaḥ smṛtaḥ ||18||

 

The ‘Āvṛta’ is born from the Brāhmaṇa on the ‘ugra’ maiden, the ‘Ābhīra’ on the ‘Ambaṣṭha’ maiden and the ‘Dhigvaṇa’ on the ‘Āyogava’ maiden. — (15)

From the Śūdra spring in the inverse order three low-born sons — the ‘Āyogava’ the ‘Kṣattṛ,’ and the ‘Caṇḍāla,’ the lowest of men. — (16)

From the Vaiśya are born in the inverse order the ‘Māgadha’ and the ‘Vaideha’; but from the Kṣatriya, the ‘Sūta’ only; these three being the other ‘low-born’ ones. — (17)

One born from the ‘Niṣāda’ on the Śūdra woman is a ‘Pukkasa’ by caste; but one born from the Śūdra on the ‘Niṣāda’ woman is called the ‘Kukkaṭaka’. — (18)

 

Medhātithi’s commentary (manubhāṣya):

(verses 10.15-18)

The ‘Niṣāda’ meant here is not the caste born from the Brāhmaṇa on the Śūdra girl, which has been described above (Verse 8), but the child born in the ‘inverse order,’ which is going to be mentioned later on. That this must be so is clear from the fact that the present context deals with ‘inverse-born castes;’ it being well-known that the ‘Pukkasa’ is a caste of this latter class. — (15- 18)

 

Explanatory notes by Ganganath Jha:

(verse 10.16)

“Kullūka thinks that the Pratilomas are enumerated once more in order to show that they are unfit to fulfil the duties of sons.” — Buhler.

This verse is quoted in Parāśaramādhava (Ācāra, p. 513).

(verse 10.17)

This verse is quoted in Parāśaramādhava (Ācāra, p. 514).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.19

Section II - Mixed Castes

 

क्षत्तुर्जातस्तथोग्रायां श्वपाक इति कीर्त्यते ।
वैदेहकेन त्वम्बष्ठ्यामुत्पन्नो वेण उच्यते ॥१९॥

kṣatturjātastathogrāyāṃ śvapāka iti kīrtyate |
vaidehakena tvambaṣṭhyāmutpanno veṇa ucyate ||19||

 

One born from the ‘Kṣattṛ’ on the ‘Ugrā’ woman is called ‘Śvapāka;’ and one begotten by the ‘Vaideha’ on the ‘Ambaṣṭha’ woman is called ‘Veṇa.’ — (19)

 

Medhātithi’s commentary (manubhāṣya):

The women are of the ‘inversely’ mixed castes, and the men of the ‘naturally mixed castes;’ from the union of these are born the ‘Śvapāka’ and the ‘Veṇa’, both inversely mixed castes. — (19)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyascitta, p. 56).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.20

Section II - Mixed Castes

 

द्विजातयः सवर्णासु जनयन्त्यव्रतांस्तु यान् ।
तान् सावित्रीपरिभ्रष्टान् व्रात्यानिति विनिर्दिशेत् ॥२०॥

dvijātayaḥ savarṇāsu janayantyavratāṃstu yān |
tān sāvitrīparibhraṣṭān vrātyāniti vinirdiśet ||20||

 

The sons that the twice-born men beget on wives of equal caste, but who, not fulfilling their sacred duties, become excluded from the Sāvitrī — should be designated as ‘Vrātyas’ (apostates). — (20)

 

Medhātithi’s commentary (manubhāṣya):

These do not belong to any inversely mixed caste; and yet they are mentioned here with a view to what follows in the following verses.

‘The sons begotten by the twice-born men on wives of the same caste’, — if they deviate from the duties in connection with the Veda — i.e., if they fail to become regular Religious Students and so forth, — and as such ‘become excluded from the Sāvitrī’, — and hence fail to pass through the Initiatory Ceremony, — they should be designated as ‘Apostates.’

‘Avratān janayanti’ — would not be the right construction; because when children are born they are neither ‘fulfillers,’ nor ‘non-fulfillers,’ ‘of sacred duties;’ since the Initiatory Rite is prescribed as to be performed only after the child has been born. Hence the term ‘avratān,’ ‘not fulfilling their sacred duties,’ has to be taken as representing what is meant by the definition of the ‘Apostate’ as provided here, — such representing being necessary for the setting forth of what follows.

Some people read — ‘avratāyāñjanayanti tan vrātyān, etc.’ — ‘they should designate as Apostates those whom the twice-born men beget on wives who are unfaithful.’

But this is not right; as this would be incompatible with the accepted definition of the ‘Apostate’. — (20)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 87).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.21

Section II - Mixed Castes

 

व्रात्यात् तु जायते विप्रात् पापात्मा भूर्जकण्टकः ।
आवन्त्यवाटधानौ च पुष्पधः शैख एव च ॥२१॥

vrātyāt tu jāyate viprāt pāpātmā bhūrjakaṇṭakaḥ |
āvantyavāṭadhānau ca puṣpadhaḥ śaikha eva ca ||21||

 

From the ‘Apostate’ Brāhmaṇa is born the evil- natured ‘Bhṛjjakaṇṭaka,’ the Āvantya, the ‘Vāṭadhāna’ the ‘Puṣpadha,’ and the ‘Śaikha.’ — (21)

 

Medhātithi’s commentary (manubhāṣya):

‘On wives of the same caste’ — of the preceding verse — is to be construed with this also.

Though the caste of the women is not specified in this text, and yet it being necessary to know her caste, we learn it from another Smṛti, where it is said that — ‘The, son born to the Brāhmaṇa from a Vaiśya woman is called Bhṛjjakanṭaka’ (Gautama, 4.20).

The characteristic of this caste is stated — ‘evil-natured.’ The one described before (under 8) is not ‘evil-natured,’ because he is born ‘in the natural order’; the one mentioned here is rightly decried, because he is born of an Apostate for whom the sacramental rites have not been performed, and is, as such, not entitled to any religious acts.

The several names are mentioned not merely by way of synonyms, but in order to show by what names the particular mixed caste is known in different countries.

The older writers however explain that the second and following names are those of the successive descendants of the ‘Bhṛjjakaṇṭaka.’ That is, the son born from the Brāhmaṇa mother is the ‘Bhṛjjakaṇṭaka,’ that born from the ‘Āvantya’ mother is the ‘Āvantya’ or the ‘Vāṭadhāna’; from the ‘Vaṭadhāna’ mother is born the ‘Puṣpadha,’ and from the ‘Puṣpadha’ the ‘Shaikha,’ and so on. — (21)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.22-23

Section II - Mixed Castes

 

झल्लो मल्लश्च राजन्याद् व्रात्यात्निच्छिविरेव च ।
नटश्च करणश्चैव खसो द्रविड एव च ॥२२॥

वैश्यात् तु जायते व्रात्यात् सुधन्वाऽचार्य एव च ।
कारुषश्च विजन्मा च मैत्रः सात्वत एव च ॥२३॥

jhallo mallaśca rājanyād vrātyātnicchivireva ca |
naṭaśca karaṇaścaiva khaso draviḍa eva ca ||22||

vaiśyāt tu jāyate vrātyāt sudhanvā'cārya eva ca |
kāruṣaśca vijanmā ca maitraḥ sātvata eva ca ||23||

 

From the ‘Apostate’ Kṣatriya is born the ‘Jhalla,’ the ‘Malla,’ the ‘Licchivi,’ the ‘Naṭa,’ the ‘Karaṇa’ the ‘Khasa’ and the ‘Draviḍa.’ — (22)

And from the ‘Apostate’ Vaiśya is born the ‘Sudhanvan’ the ‘Ācārya,’ the ‘Karuṣa,’ the ‘Vijanman,’ the ‘Maitra’ and the ‘Sāttvata.’ — (23)

 

Medhātithi’s commentary (manubhāṣya):

(verses 10.22-23)

These several Castes should be known by these names. — (22-23)

 

Explanatory notes by Ganganath Jha:

(verse 10.22)

“As ‘a’ and ‘i’ are constantly exchanged ‘licchivi’ may be considered as a vicarious form for ‘licchavi,’ and it may be assumed that the Manusaṃhitā considered the famous Kṣatriya race of Magadha and Nepal as unorthodox.” — (Buhler).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.24

Section II - Mixed Castes

 

व्यभिचारेण वर्णानामवेद्यावेदनेन च ।
स्वकर्मणां च त्यागेन जायन्ते वर्णसङ्कराः ॥२४॥

vyabhicāreṇa varṇānāmavedyāvedanena ca |
svakarmaṇāṃ ca tyāgena jāyante varṇasaṅkarāḥ ||24||

 

‘Confused castes’ are produced by infidelity among the castes, by the marrying of women unfit for marriage, and by the neglect of one’s duties. — (24)

 

Medhātithi’s commentary (manubhāṣya):

‘Infidelity’ — Adultery, with women of the same caste, either unmarried, or married to others either in the ‘natural’ or the ‘inverse’ order.

‘The marrying of women unfit for marriage,’ — i.e., those that should not be married; e.g., sister, grand-daughter and so forth.

‘Neglect of one’s duties’ — such as Initiation, study of the Veda and so forth; — according to some people the profession of the Kṣatriya also would be the Brāhmaṇa’s ‘duty’ if it happens to have been followed in the family for two or three generations. — (24)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.25

Section II - Mixed Castes

 

सङ्कीर्णयोनयो ये तु प्रतिलोमानुलोमजाः ।
अन्योन्यव्यतिषक्ताश्च तान् प्रवक्ष्याम्यशेषतः ॥२५॥

saṅkīrṇayonayo ye tu pratilomānulomajāḥ |
anyonyavyatiṣaktāśca tān pravakṣyāmyaśeṣataḥ ||25||

 

I am going to describe those persons of mixed origin who are born in the natural and in the inverse order and are mutually connected. — (25)

 

Medhātithi’s commentary (manubhāṣya):

‘Connection’ means relationship — of ‘natural’ sons with those of the ‘inverse’ order, and also with others of the ‘natural’ order, — of sons of the ‘inverse’ order with other sons of the same kind as also with those of the ‘natural’ order.

This verse serves to introduce the enumeration of the names in the following verses. — (25)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.26

Section II - Mixed Castes

 

सूतो वैदेहकश्चैव चण्डालश्च नराधमः ।
मागधः तथाऽयोगव एव च क्षत्रजातिश्च ?? ॥२६॥

sūto vaidehakaścaiva caṇḍālaśca narādhamaḥ |
māgadhaḥ tathā'yogava eva ca kṣatrajātiśca ?? ||26||

 

(1) the ‘Sūta’ (2) the ‘Vaideha,’ the ‘Caṇḍāla,’ the lowest of men, (4) the ‘Māgadha,’ (5) the ‘Kṣattṛ’ caste, and (6) the ‘Āyogava.’ — (26)

 

Medhātithi’s commentary (manubhāṣya):

These ‘inverse’ castes, defined above, are mentioned here, for the purpose of laying down what follows. — (26)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.27

Section II - Mixed Castes

 

एते षट् सदृशान् वर्णाञ्जनयन्ति स्वयोनिषु ।
मातृजात्यां प्रसूयन्ते प्रवारासु च योनिषु ॥२७॥

ete ṣaṭ sadṛśān varṇāñjanayanti svayoniṣu |
mātṛjātyāṃ prasūyante pravārāsu ca yoniṣu ||27||

 

These six beget similar castes on women belonging to the same caste as themselves; so also those belonging to the mother’s caste procreate (on women of the same caste), as also on women of higher castes. — (27)

 

Medhātithi’s commentary (manubhāṣya):

‘These’ — the ‘Sūta’ and the other sons of the ‘inverse order’ — ‘beget similar castes on women belonging to the same caste as themselves,’ — i.e., children belonging to the same caste; e.g., on a ‘Sūta’ mother, the ‘Sūta’ father begets a son of the ‘Sūta’ caste; similarly on a ‘Caṇḍāla’ mother the ‘Chaṇḍāla’ father begets a son of the ‘Caṇḍāla’ caste.

‘So also those belonging to the mother’s caste procreate’ — the sons of the ‘natural order,’ who belong to their mother’s caste, — those described above as ‘called by the name of the lower caste.’ (14).

These also beget sons of their own caste on women belonging to the same caste as themselves; e.g., the ‘Ambaṣṭha’ father on the ‘Ambaṣṭha’ mother. So also on a Vaiśya woman, a person of the lower caste, begets Vaiśyas; because of the mention of the ‘mother’s caste.’

Others read ‘mātṛjātau prasūyante’; and this means as follows: — On women of their own caste, — i.e., the ‘Ambaṣṭha’ and the rest, — as also on those of their mother’s caste — i.e., the Vaiśya — they beget sons of the same caste as themselves.

Though the ‘Ambaṣṭha’ and the rest are superior to the pure Vaiśya, yet the text speaks of equality; because both are equally entitled to the rights and privileges of the Vaiśya.

That ‘sons of the natural order’ are meant is indicated by the term ‘mother’s caste’, — even though the context clearly pertains to ‘sons of the inverse order.’

‘As also on women of higher castes’ — People, born in the ‘inverse order,’ having intercourse with women of higher castes, beget sons; and these are of a lower status, — this being understood from the consideration of what follows.

As a matter of fact, sons begotten by the ‘Āyogava’ and the rest on ‘Āyogava’ women do not obtain the title of ‘Āyogava’; and the ‘similarity’ meant is simply that they are of the ‘inverse order’; and when some sons are declared to be of a ‘lower status,’ this is based upon the relative status (of the several kinds of sons of the inverse order).

Thus the meaning of the sentence comes to be that — ‘From persons born in the inverse order are born persons of the same order, on women belonging to the same or to higher castes.’ — (27)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.28

Section II - Mixed Castes

 

यथा त्रयाणां वर्णानां द्वयोरात्माऽस्य जायते ।
आनन्तर्यात् स्वयोन्यां तु तथा बाह्येष्वपि क्रमात् ॥२८॥

yathā trayāṇāṃ varṇānāṃ dvayorātmā'sya jāyate |
ānantaryāt svayonyāṃ tu tathā bāhyeṣvapi kramāt ||28||

 

As to one his own alter-ego is born from two out of the three nearest castes, as also from his own caste, — even so is the order among those out of the outer circle. — (28)

 

Medhātithi’s commentary (manubhāṣya):

‘For one’ — to the Brāhmaṇa — ‘his alter-ego is born from two out of the three castes — i.e., from the Kṣatriya and Vaiśya woman is born a son invested with the character of the ‘double birth,’ — ‘as also from his own caste’ Thus on three castes the Brāhmaṇa begets ‘twice-born men.’

‘Even so is among men of the outer circle’; — i.e., sons born in the ‘inverse order,’ for the Vaiśya and the Kṣatriya father from the Kṣatriya and the Brāhmaṇa mother, respectively, are invested with the ‘double birth.’

And when these sons are invested with ‘double birth,’ they should have the Initiatory Ceremony performed for them; as is going to be added — ‘These six partake of the character of twice-born persons.’ (41)

The only difference however is that those born ‘in the inverse order’ take the mother’s caste.

As we are going to explain later on, all this is mere commendatory exaggeration. — (28)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 405).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.29

Section II - Mixed Castes

 

ते चापि बाह्यान् सुबहूंस्ततोऽप्यधिकदूषितान् ।
परस्परस्य दारेषु जनयन्ति विगर्हितान् ॥२९॥

te cāpi bāhyān subahūṃstato'pyadhikadūṣitān |
parasparasya dāreṣu janayanti vigarhitān ||29||

 

Those also beget on each other’s wives several ‘alien’ sons, greatly tainted and despised. — (29)

 

Medhātithi’s commentary (manubhāṣya):

‘Those’ — the six castes, ‘Āyogavas’ and the rest — beget several alien sons, on each other’s wives; — i.e., the Kṣattṛ on the wife of the ‘Āyogava’ and so forth, — ‘beget sons, despised’ — lower in grade than their father, — e.g., the Āyogava begets on the wife of the Kṣattṛ, a son who is more ‘alien’ than himself; and one still more ‘alien’ on the wife of the Caṇḍāla, and so forth. — (29)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.30

Section II - Mixed Castes

 

यथैव शूद्रो ब्राह्मण्यां बाह्यं जन्तुं प्रसूयते ।
तथा बाह्यतरं बाह्यश्चातुर्वर्ण्ये प्रसूयते ॥३०॥

yathaiva śūdro brāhmaṇyāṃ bāhyaṃ jantuṃ prasūyate |
tathā bāhyataraṃ bāhyaścāturvarṇye prasūyate ||30||

 

As the Śūdra begets an ‘alien’ being on a Brāhmaṇa woman, — even so an alien propagates on females of the four castes, a still more alien being. — (30)

 

Medhātithi’s commentary (manubhāṣya):

The birth of sons among persons of the ‘inverse’ castes themselves, from each other’s wives has been described. Now the birth of sons from women of the four castes is described.

The verbal root ‘Sū’ (to be born) has been used in this text as synonymous with to produce; ‘prasūyate’ moaning begets.

This is indicated in the next verse. — (30)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.31

Section II - Mixed Castes

 

प्रतिकूलं वर्तमाना बाह्या बाह्यतरान् पुनः ।
हीना हीनान् प्रसूयन्ते वर्णान् पञ्चदशैव तु ॥३१॥

pratikūlaṃ vartamānā bāhyā bāhyatarān punaḥ |
hīnā hīnān prasūyante varṇān pañcadaśaiva tu ||31||

 

Aliens behaving discordantly, beget fifteen castes, still more alien, disgraced and not disgraced. — (31)

 

Medhātithi’s commentary (manubhāṣya):

Each caste gives rise to several ‘mixed castes;’ from some castes proceed castes in the ‘natural order,’ and from some in the ‘inverse order,’ while from some both ‘natural’ and ‘inverse.’ From the Brāhmaṇa only those in the ‘natural’ order (1-3) and from the Śūdra only those in the ‘inverse’ older (4-6); and from the Kṣatriya and the Vaiśya proceed those in the ‘natural’ order, as well as those in the ‘inverse’ order. From the Kṣatriya proceed two ‘natural,’ and one ‘inverse’ sub-caste; (1-9) from the Vaiśya two ‘inverse’ and one ‘natural’ (9-12).

These make twelve sub-castes, ‘natural’ and ‘inverse.’

When each of these has intercourse with women of each of the four castes, they give rise to four divisions of each of these twelve.

Among these some are ‘disgraced,’ and others ‘not disgraced’; but all of them are ‘still more alien’ than their fathers; — what is meant by this ‘alien’ character is that they are several degrees removed from their parents, specially on account of their having fallen off from their sacred duties.

All this is explained by means of examples.

We shall enumerate the ‘inverse’ sub-castes in detail — (A) The Āyogava, born from the Śūdra father and the Vaiśya mother, begets four sons on women of the Brāhmaṇa the Kṣatriya, the Vaiśya and the Śūdra castes; these along with the Āyogava himself make five. Similarly the Kṣattṛ and the Caṇḍāla. Thus of the Śūdra there are three groups of five; which make fifteen; (B) Similarly born of the Vaiśya father there are two ‘inverse’ sub-castes, — the ‘Māgadha’ born of a Kṣatriya mother and the ‘Vaidehaha’ of a Brāhmaṇa mother; of the Śūdra mother, the son born is of the ‘natural’ order. Of these when the son born of the Śūdra mother begets sons on the four castes, then the same process takes place. When he has intercourse with a Śūdra woman, then the sub-caste that is born is a degree lower than himself; similarly having intercourse with a Vaiśya woman, he begets one still lower. (C) But those born to the Śūdra father from the Brāhmaṇa and the Kṣatriya women are ‘superior.’ Thus it is that while some are ‘disgraced,’ others are ‘not disgraced.’ The same holds good regarding the Brāhmaṇa and the Kṣatriya father. But in the case of the Brāhmaṇa there is this peculiarity that to him all the sons that are born are in the ‘natural’ order. A combination among these sub-castes gives rise to endless divisions. This is what has been spoken of above (in 29) — ‘that beget many alien sons etc.’

‘Discordantly’ — contrary to law.

‘Behaving’ — having intercourse.

‘Hīnāhīnān’ — is one compound word. Or (taken as two distinct words), it may mean — ‘while disgraced themselves (hīnāḥ) they beget sons not disgraced (ahīnān).

‘Fifteen castes’; — inasmuch as it has been declared that ‘there is no fifth caste’ (Verse 4), the term ‘caste’ must be taken here as used figuratively. — (31)

 

Explanatory notes by Ganganath Jha:

“Kullūka thinks that the terms vāhya and hīna may either refer (a) to two sets of men or (b) to one only; (a) under the former supposition, the Vāhyas must be understood to be the Pratiloma offering of a śūdra, i.e., Āyogavas, Kṣattṛs and Caṇḍālas, — and the Hīnas the Pratiloma offspring of Kṣatriyas and Vaiśyas i.e., Sūtas, Māgadhas and Vaidehas. Each of these two sets produce fifteen lower races by union with women of the four chief castes and of their own (verse 27): — (b) But if the two terms vāhya and hīna are referred to one set of males only, they must be understood to denote the six Pratilomas, Caṇḍālas, Kṣattṛs, Āyogavas, Vaidehas, Māgadhas and Sūtas; and it must be assumed that the verse refers to unions between these six Pratiloma races alone. Then the lowest among them, the Caṇḍāla may produce, with females of the five higher Pratiloma tribes, five more degraded races; the Kṣattṛ with the four above him, four; the Āyogava with the three above him; the Vaideha, ‘two, and the Māgadha one. The total of 5+4+3+2+1 is thus 15. — Rāghavānanda agrees with this interpretation. — Nārāyaṇa, on the other hand, refers the terms vāhya and hīna to one set of males, the three Pritilamas springing from the Śūdra; and assumes that the verse refers to unions of these three with females of the four principal castes and of their own.” — Buhler.

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.32

Section II - Mixed Castes

 

प्रसाधनोपचारज्ञमदासं दासजीवनम् ।
सैरिन्ध्रं वागुरावृत्तिं सूते दस्युरयोगवे ॥३२॥

prasādhanopacārajñamadāsaṃ dāsajīvanam |
sairindhraṃ vāgurāvṛttiṃ sūte dasyurayogave ||32||

 

The ‘Dasyu’ begets on the ‘Āyogava,’ the ‘Sairandhra,’ skilled in toilet and attendance, who, though not a slave, makes his living like a slave, and also lives by catching animals. — (32)

 

Medhātithi’s commentary (manubhāṣya):

(a) ‘Toilet’ — adorning. — (b) ‘attendance’ — service. That is (a) arranging the hair, painting the body with red powder, sandal-paste and such things; and (b) shampooing of the hand and feet.

The name here mentioned is applied to a man who knows the exact time when to act, and is capable of acting quickly, — all with the motive of making money.

‘Though not a slave, makes his living like a slave’; — i.e., engaged by his master for a term of one year or six months. Or, it may mean that being skilled as above, he is ever, ready, like the slave, to do all he can.

‘Living by catching animals’; — this is a second means of subsistence.

‘Vāgurā’ stands for the killing of wild animals. For the Āryas this is permitted only for the purpose of making offerings to gods and Pitṛs, or of allaying hunger; and not for that of in making a living by selling flesh in the manner of fowlers.

It is under orders of the king that men take to the profession of killing wild animals.

‘Sairandhra’ — by name.

‘Begets’ — produces.

‘Dasyu’ — a mixed caste going to be described below.

‘Āyogava’ — a particular caste of that name. That a female is meant is implied by the sense of the passage. — (32)

 

Explanatory notes by Ganganath Jha:

‘Dasyu’ — ‘One of the tribes described under verse 45’ (Medhātithi, Govindarāja and Kullūka); — ‘one of this above-mentioned 15 Pratiloma races’ (Nārāyaṇa and Nandana).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.33

Section II - Mixed Castes

 

मैत्रेयकं तु वैदेहो माधूकं सम्प्रसूयते ।
नॄन् प्रशंसत्यजस्रं यो घण्टाताडोऽरुणोदये ॥३३॥

maitreyakaṃ tu vaideho mādhūkaṃ samprasūyate |
nṝn praśaṃsatyajasraṃ yo ghaṇṭātāḍo'ruṇodaye ||33||

 

But the ‘Vaideha’ begets the Madhūka-like ‘Maitreyaka,’ who constantly praises men, and serves as the bell-ringer at sunrise. — (33)

 

Medhātithi’s commentary (manubhāṣya):

‘Maitreyaka’ — by name.

‘Begets’ — i.e., on the ‘Āyogava’ woman.

The ‘Vaidehaka’ — i.e., one who is born from a Brāhmaṇa mother and a Vaiśya father.

‘Maireyaka’ is another reading for ‘Maitreyaka.’

‘Madhūka-like’ — This word expresses a simile; it means that the man is ‘as sweet as the madhūka flower,’ being possessed of a sweet voice. Or, it may mean ‘he who behaves like the madhūka flower’; — the word being formed with the ‘Da’ affix; and the elongation of the second vowel being one that is permitted in the case of several words; the elongation of the first vowel being due to the reflexive affix.

‘Who praise men constantly’ — and are called on that account ‘bards.’

‘At sun-rise’ — at the time of the rising of the sun, — these people ring the bell; with a view to awaken the King and other rich men.

The caste here mentioned is begotten on the ‘Āyogava’ woman, — she being the woman mentioned in this connection. — (33)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.34

Section II - Mixed Castes

 

निषादो मार्गवं सूते दासं नौकर्मजीविनम् ।
कैवर्तमिति यं प्राहुरार्यावर्तनिवासिनः ॥३४॥

niṣādo mārgavaṃ sūte dāsaṃ naukarmajīvinam |
kaivartamiti yaṃ prāhurāryāvartanivāsinaḥ ||34||

 

The ‘Niṣāda’ begets the ‘Mārgava’ or ‘Dāsa,’ who subsists by working the boat, and whom the inhabitants of Āryāvarta call ‘Kaivarta.’ — (34)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as the present context deals with the castes of the ‘inverse’ order, the ‘Niṣāda’ meant here cannot be the one described above as ‘one born of the Brāhmaṇa father and the Śūdra mother;’ it must stand for some other ‘inverse’ caste, akin to the ‘Daṣyu.’

He begets — produces on the ‘Āyogava’ woman, — the ‘inverse’ caste called ‘Mārgava.’

The other two names of this caste are ‘Dāsa’ and ‘Kaivarta.’

‘Āryāvarta’ is well-known.

The working of the boat is the livelihood — means of subsistence — for this caste — (34)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.35

Section II - Mixed Castes

 

मृतवस्त्रभृत्स्वनारीषु गर्हितान्नाशनासु च ।
भवन्त्यायोगवीष्वेते जातिहीनाः पृथक् त्रयः ॥३५॥

mṛtavastrabhṛtsvanārīṣu garhitānnāśanāsu ca |
bhavantyāyogavīṣvete jātihīnāḥ pṛthak trayaḥ ||35||

 

These three, devoid of caste, are severally born from ‘Āyogava’ women, who wear the clothes of the dead, are ignoble, and eat despised food. — (35)

 

Medhātithi’s commentary (manubhāṣya):

The caste of the mother of the three castes just mentioned, ending with the ‘Mārgava,’ having not been mentioned, the present verse gives the purpose of specifiying that caste.

All these are born from ‘Āyogava’ women.

The qualifications of these women are next added — ‘Who wear the clothes of the dead’ — i .e., those who put on the clothes found on dead bodies.

‘Ignoble’ — Untouchable.

They eat ‘despised food’ — i.e., leavings. — (35)

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.36

Section II - Mixed Castes

 

कारावरो निषादात् तु चर्मकारः प्रसूयते ।
वैदेहिकादन्ध्रमेदौ बहिर्ग्रामप्रतिश्रयौ ॥३६॥

kārāvaro niṣādāt tu carmakāraḥ prasūyate |
vaidehikādandhramedau bahirgrāmapratiśrayau ||36||

 

From the ‘Niṣāda’ is born of the ‘Kārāvara,’ who works in leather; and from the ‘Vaiḍehaka’ the ‘Andhra’ and the ‘Meda,’ who have their dwellings outside the village. — (36)

 

Medhātithi’s commentary (manubhāṣya):

In view of the term ‘on Vaideha woman’ occurring later on (37), the meaning must be that ‘on the Vaideha woman, from the Niṣāda is born the Kārāvara.’

From the Vaidehaha are born the two castes ‘Andhra’ and ‘Meda,’ — on what women? — on the Kāravara and the Niṣāda women respectively. That such is the meaning is implied by the fact of these two being the last spoken of. We explain the verse to mean this in view of the fact that an entirely different caste is born from the Vaideha father on a Vaideha mother. Thus then what is meant is that from the father of the same caste are born two different castes, — this difference being due to the difference in the castes of the mothers.

‘Outside the village’ — is their ‘dwelling,’ livinghouse. — (36)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.37

Section II - Mixed Castes

 

चण्डालात् पाण्डुसोपाकस्त्वक्सारव्यवहारवान् ।
आहिण्डिको निषादेन वैदेह्यामेव जायते ॥३७॥

caṇḍālāt pāṇḍusopākastvaksāravyavahāravān |
āhiṇḍiko niṣādena vaidehyāmeva jāyate ||37||

 

On the ‘Vaideha’ woman from the ‘Caṇḍāla’ is born the ‘Paṇḍusopāka’ who deals in bamboos; as also the ‘Āhiṇḍika’ from the ‘Niṣāda.’ — (37)

 

Medhātithi’s commentary (manubhāṣya):

‘From the Caṇḍāla, on the Vaideha woman, is born’, the caste, named Paṇḍusopāka.

His livelihood is next stated. — He ‘deals in bamboos’, — ‘tvaksāra’ being a name of the Bamboo; it is by bamboos, — i.e., by buying and selling bamboos and by making mats and other things — that these people live.

‘From the Niṣāda’ — on the same woman — is born the Āhiṇḍika. The livelihood of these men may be the one implied by the name itself (i.e., snake-catching), or something else may be found out — (37)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.38

Section II - Mixed Castes

 

चण्डालेन तु सोपाको मूलव्यसनवृत्तिमान् ।
पुक्कस्यां जायते पापः सदा सज्जनगर्हितः ॥३८॥

caṇḍālena tu sopāko mūlavyasanavṛttimān |
pukkasyāṃ jāyate pāpaḥ sadā sajjanagarhitaḥ ||38||

 

By the ‘Caṇḍāla,’ on the ‘Pukkasa’ woman is begotten the ‘Sopāka,’ whose livelihood consists of death, and who are wicked and despised by good people. — (38)

 

Medhātithi’s commentary (manubhāṣya):

‘Vyasana’ is suffering; — the ‘mūla,’ of it is killing; what is meant is that the livelihood of these men is the executing of criminals, the carrying of the dead bodies of men dying without any relations, the taking away of their clothes, eating the cakes offered to the dead, and so forth.

This caste is born from the ‘Caṇḍāla’ on the ‘Pukkasa’ woman.

Or, ‘mūla’ may be taken as standing for the roots of trees, and the ‘vyasana’ would stand for the dissecting of these; and this forms their livelihood. That is, they live by selling the roots and other things extracted out of the trees that have been cut down. — (38)

 

Explanatory notes by Ganganath Jha:

‘Mūlavyasanavṛttimān’ — ‘Who lives by executing criminals.’ (Govindarāja and Rāghavānanda); — ‘who lives by digging roots for selling them as medicines or for curing homorhoids (hemorrhoids?)’ (Nārāyaṇa and Nandana).

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.39

Section II - Mixed Castes

 

निषादस्त्री तु चण्डालात् पुत्रमन्त्यावसायिनम् ।
श्मशानगोचरं सूते बाह्यानामपि गर्हितम् ॥३९॥

niṣādastrī tu caṇḍālāt putramantyāvasāyinam |
śmaśānagocaraṃ sūte bāhyānāmapi garhitam ||39||

 

The ‘Niṣāda’ woman bears to the ‘Caṇḍāla’ the son called ‘Antyāvasāyin,’ working in the cremation-ground, despised even by out-casts. — (39)

 

Medhātithi’s commentary (manubhāṣya):

They call the Antyāvasāyin also ‘Chaṇḍāla’

Or ‘Antyāvasāyin’ may be the name of the caste born from the ‘Niṣāda’ mother and the ‘Chaṇḍāla’ father.

‘Working in the cremation-ground’ — i.e., living by burning the dead body and so forth.

He is to be regarded as more despised than even the ‘Chaṇḍāla.’

As a matter of fact, the number of mixed castes is endless. Hence what the text has done is to give merely an indication of a few of them. — (39)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.40

Section II - Mixed Castes

 

सङ्करे जातयस्त्वेताः पितृमातृप्रदर्शिताः ।
प्रच्छन्ना वा प्रकाशा वा वेदितव्याः स्वकर्मभिः ॥४०॥

saṅkare jātayastvetāḥ pitṛmātṛpradarśitāḥ |
pracchannā vā prakāśā vā veditavyāḥ svakarmabhiḥ ||40||

 

These castes, proceeding from mixtures, have been described in relation to their fathers and mothers; and whether manifest or unmanifest, they may be known by their occupations. — (40)

 

Medhātithi’s commentary (manubhāṣya):

The ‘occupations’ that have been just described, — such as dealing in bamboos and so forth, — by means of these even the little known castes of the ‘Sopāka’ and the rest can be known.

All these have been described through the character of their fathers and mothers.

‘Manifest or unmanifest,’ — they shall be known as belonging to those castes.

In the case of the ‘Āyogavī,’ the description was through the caste of the mother, and it was through that of the father in the case of the description of the ‘Andhra’ and the ‘Meda’ as born from the ‘Niṣāda’ and the ‘Vaidehaka’ fathers respectively. — (40)

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.41 [Status of the Mixed Castes]

Section III - Status of the Mixed Castes

 

स्वजातिजानन्तरजाः षट् सुता द्विजधर्मिणः ।
शूद्राणां तु सधर्माणः सर्वेऽपध्वंसजाः स्मृताः ॥४१॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

 

 

VERSE 10.42

Section III - Status of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

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

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

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

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

 

 

VERSE 10.43

Section III - Status of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

(verses 10.43-44)

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

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

 

 

VERSE 10.44

Section III - Status of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

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

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

 

Comparative notes by various authors:

(verses 10.43-44)

See Comparative notes for Verse 10.43.

 

 

VERSE 10.45

Section III - Status of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

 

 

Explanatory notes by Ganganath Jha:

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

 

 

VERSE 10.46 [Occupations of the Mixed Castes]

Section IV - Occupations of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

‘Subsist’ — maintain themselves.

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

 

Comparative notes by various authors:

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

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

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

 

 

VERSE 10.47

Section IV - Occupations of the Mixed Castes

 

सूतानामश्वसारथ्यमम्बष्ठानां चिकित्सनम् ।
वैदेहकानां स्त्रीकार्यं मागधानां वणिक्पथः ॥४७॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

 

 

VERSE 10.48

Section IV - Occupations of the Mixed Castes

 

मत्स्यघातो निषादानां त्वष्टिस्त्वायोगवस्य च ।
मेदान्ध्रचुञ्चुमद्गूनामारण्यपशुहिंसनम् ॥४८॥

matsyaghāto niṣādānāṃ tvaṣṭistvāyogavasya ca |
medāndhracuñcumadgūnāmāraṇyapaśuhiṃsanam ||48||

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

 

Explanatory notes by Ganganath Jha:

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

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

 

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

 

 

VERSE 10.49

Section IV - Occupations of the Mixed Castes

 

क्षत्त्र्युग्रपुक्कसानां तु बिलौकोवधबन्धनम् ।
धिग्वणानां चर्मकार्यं वेणानां भाण्डवादनम् ॥४९॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

 

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

 

 

VERSE 10.50 [Habitation and Dress of the Mixed Castes]

Section V - Habitation and Dress of the Mixed Castes

 

चैत्यद्रुमश्मशानेषु शैलेषूपवनेषु च ।
वसेयुरेते विज्ञाता वर्तयन्तः स्वकर्मभिः ॥५०॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

 

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

 

 

VERSE 10.51

Section V - Habitation and Dress of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

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

 

Comparative notes by various authors:

(verses 10.51-56)

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

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

 

 

VERSE 10.52

Section V - Habitation and Dress of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

 

 

VERSE 10.53

Section V - Habitation and Dress of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

 

 

VERSE 10.54 [Other Functions of the Mixed Castes]

Section VI - Other Functions of the Mixed Castes

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

The householder shall not give the food with his own hands; he shall cause it to be given by his servants, in the manner described above.

The prohibition of wandering about at night in villages, and cities is with a view to prevent the chance of people being touched. — (54)

 

Explanatory notes by Ganganath Jha:

“Govindarāja and Nārāyaṇa take the beginning of the verse differently — Their food shall be given to them by others in a broken vessel.” — Buhler.

 

 

VERSE 10.55

Section VI - Other Functions of the Mixed Castes

 

दिवा चरेयुः कार्यार्थं चिह्निता राजशासनैः ।
अबान्धवं शवं चैव निर्हरेयुरिति स्थितिः ॥५५॥

divā careyuḥ kāryārthaṃ cihnitā rājaśāsanaiḥ |
abāndhavaṃ śavaṃ caiva nirhareyuriti sthitiḥ ||55||

 

During the day they may go about on business distinguished by royal signs; they shall carry out corpses of people without relations; such is the law. — (55)

 

Medhātithi’s commentary (manubhāṣya):

‘During the day’ — they ‘go about on business,’ — ‘i.e., for the purpose of effecting purchases and sales; or on the King’s business, for looking after rejoicings in the city and such other purposes. All this time too they shall be ‘distinguished by royal signs’ — i.e., marked by such signs as those of the thunderbolt and the like, which may be determined by the King; — or by carrying on their shoulder the axe or the chopper or some such weapon as is used in the execution of criminals. — (55)

 

Explanatory notes by Ganganath Jha:

‘Chihnitāḥ’ — ‘Distinguished — by a thunder-bolt or some such weapon carried on the shoulder’ (Medhātithi), — “by sticks and so forth (Govindarāja), — ‘by iron ornaments and peacock’s feathers’ (Nārāyaṇa), — ‘branded on the forehead and other parts of the body’ (Rāghavananda).

 

 

VERSE 10.56

Section VI - Other Functions of the Mixed Castes

 

वध्यांश्च हन्युः सततं यथाशास्त्रं नृपाज्ञया ।
वध्यवासांसि गृह्णीयुः शय्याश्चाभरणानि च ॥५६॥

vadhyāṃśca hanyuḥ satataṃ yathāśāstraṃ nṛpājñayā |
vadhyavāsāṃsi gṛhṇīyuḥ śayyāścābharaṇāni ca ||56||

 

They shall always execute criminals, in accordance with law, under the orders of the king; and they shall take away the clothes, the beds and the ornaments of those executed. — (56)

 

Medhātithi’s commentary (manubhāṣya):

All this has been already described. — (56)

 

 

VERSE 10.57 [Men of Impure Origin: their Characteristics]

Section VII - Men of Impure Origin: their Characteristics

 

वर्णापेतमविज्ञातं नरं कलुषयोनिजम् ।
आर्यरूपमिवानार्यं कर्मभिः स्वैर्विभावयेत् ॥५७॥

varṇāpetamavijñātaṃ naraṃ kaluṣayonijam |
āryarūpamivānāryaṃ karmabhiḥ svairvibhāvayet ||57||

 

The man of impure origin, who is devoid of caste, unknown, a non-Aryan, even though having the appearance of an Aryan, — one shall discover by his acts. — (57)

 

Medhātithi’s commentary (manubhāṣya):

‘Devoid of caste’ — fallen off from the four castes.

‘Unknown’ — i.e., there being doubts regarding his parentage, known to be born illegitimately.

‘By acts’ — going to be described, — as also by the distinctive features of their character, — they shall be recognised. That is, if a man is found to be addicted to wicked acts, and of cruel disposition, and if his parentage is doubtful, it should be concluded that he is of low birth, born illegitimately. — (57)

 

Comparative notes by various authors:

(verses 10.57-61)

Vaśiṣṭha (18.7). — ‘They quote the following — “One may know by their deeds those who have been begotten secretly, and to whom the stigma of springing from unions in the inverse order of the caste attaches, because they are destitute of virtue and good conduct.”’

Viṣṇu (16.17). — ‘All members of the mixed castes may be found out by their deeds, whether their descent has been kept secret or is generally known.’

Mahābhārata (13.48.41-44). — ‘The purity of one’s birth can be found out from his deeds (then the same as Manu 58 and 59).’

 

 

VERSE 10.58

Section VII - Men of Impure Origin: their Characteristics

 

अनार्यता निष्ठुरता क्रूरता निष्क्रियात्मता ।
पुरुषं व्यञ्जयन्तीह लोके कलुषयोनिजम् ॥५८॥

anāryatā niṣṭhuratā krūratā niṣkriyātmatā |
puruṣaṃ vyañjayantīha loke kaluṣayonijam ||58||

 

Snobbishness, harshness, cruelty, and proneness to neglect duties, mark the man of impure origin in this world. — (58)

 

Medhātithi’s commentary (manubhāṣya):

That man is called a ‘snob’ in whose character jealousy and envy form the predominant features, who is entirely selfish; and he is called ‘cruel’ when he is addicted to greed and injuring others.

‘Neglect of duties’ — omission of prescribed duties. These characteristics betray the man of low origin. — (58)

 

Comparative notes by various authors:

(verses 10.57-61)

See Comparative notes for Verse 10.57.

 

 

VERSE 10.59

Section VII - Men of Impure Origin: their Characteristics

 

पित्र्यं वा भजते शीलं मातुर्वोभयमेव वा ।
न कथं चन दुर्योनिः प्रकृतिं स्वां नियच्छति ॥५९॥

pitryaṃ vā bhajate śīlaṃ māturvobhayameva vā |
na kathaṃ cana duryoniḥ prakṛtiṃ svāṃ niyacchati ||59||

 

The base-born man bears the character or his father, or of his mother, or of both; he can never conceal his origin. — (59)

 

Medhātithi’s commentary (manubhāṣya):

‘Base-born’ — of mixed origin.

‘His origin’; — he cannot hide his birth. — (59)

 

Comparative notes by various authors:

(verses 10.57-61)

See Comparative notes for Verse 10.57.

 

 

VERSE 10.60

Section VII - Men of Impure Origin: their Characteristics

 

कुले मुख्येऽपि जातस्य यस्य स्याद् योनिसङ्करः ।
संश्रयत्येव तत्शीलं नरोऽल्पमपि वा बहु ॥६०॥

kule mukhye'pi jātasya yasya syād yonisaṅkaraḥ |
saṃśrayatyeva tatśīlaṃ naro'lpamapi vā bahu ||60||

 

Even when one is born in a great family, if there be a confusion regarding his parentage, he surely imbibes the traits thereof, to a greater or less extent. — (60)

 

Medhātithi’s commentary (manubhāṣya):

He imbibes the traits of the man who begot him, and not of him to whom the ‘soil’ belonged (i.e., his mother’s husband), who is known as his ‘father.’ — (60)

 

Comparative notes by various authors:

(verses 10.57-61)

See Comparative notes for Verse 10.57.

 

 

VERSE 10.61

Section VII - Men of Impure Origin: their Characteristics

 

यत्र त्वेते परिध्वंसाज् जायन्ते वर्णदूषकाः ।
राष्ट्रिकैः सह तद् राष्ट्रं क्षिप्रमेव विनश्यति ॥६१॥

yatra tvete paridhvaṃsāj jāyante varṇadūṣakāḥ |
rāṣṭrikaiḥ saha tad rāṣṭraṃ kṣiprameva vinaśyati ||61||

 

That kingdom in which such caste-defilers are born of criminal intercourses, speedily perishes, along with the people. — (61)

 

Medhātithi’s commentary (manubhāṣya):

For this reason the King should prevent such caste-confusions.

‘People’ — inhabitants of the Kingdom.

‘Kingdom’ — the Minister and others. — (61)

 

Comparative notes by various authors:

(verses 10.57-61)

See Comparative notes for Verse 10.57.

 

 

VERSE 10.62 [Improvement in the Status of Castes]

Section VIII - Improvement in the Status of Castes

 

ब्राह्मणार्थे गवार्थे वा देहत्यागोऽनुपस्कृतः ।
स्त्रीबालाभ्युपपत्तौ च बाह्यानां सिद्धिकारणम् ॥६२॥

brāhmaṇārthe gavārthe vā dehatyāgo'nupaskṛtaḥ |
strībālābhyupapattau ca bāhyānāṃ siddhikāraṇam ||62||

 

For aliens perfection is secured by unrequitedly giving up the body for the sake of Brāhmaṇas and cows, and in defence of women and children. — (62)

 

Medhātithi’s commentary (manubhāṣya):

‘Unrequitedly’ — without: receiving any reward.

‘Defence’ — favour.

‘Aliens’ — children born in the ‘inverse order.’

‘Perfection is secured’; — the attaining of a superior caste is called ‘perfection,’ on the ground of its leading up to it; the meaning being that these people come to be born in a caste where they become entitled to the rights and responsibilities of the higher caste.

Or, ‘perfection’ may stand for the attaining of heaven. — (62)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 119): — and in Nṛsiṃhaprasāda (Prāyaścitta 7b.)

 

Comparative notes by various authors:

Mahābhārata (13.48.34-35). — ‘Rendering help to cows and Brāhmaṇas, and practising sympathy, mercy, truthfulness, forgiveness and protecting others even by one’s own body, — these are the means of success for outcasts.’

Viṣṇu (16.18). — ‘Giving up life, regardless of any reward, in order to save a Brāhmaṇa, or a cow, or for the sake of a woman or a child, — may confer heavenly bliss even upon members of the base castes.’

 

 

VERSE 10.63

Section VIII - Improvement in the Status of Castes

 

अहिंसा सत्यमस्तेयं शौचमिन्द्रियनिग्रहः ।
एतं सामासिकं धर्मं चातुर्वर्ण्येऽब्रवीन् मनुः ॥६३॥

ahiṃsā satyamasteyaṃ śaucamindriyanigrahaḥ |
etaṃ sāmāsikaṃ dharmaṃ cāturvarṇye'bravīn manuḥ ||63||

 

Abstention from injuring, truthfulness, abstention from unlawful appropriation, purity and control of the sense-organs, — this Manu has declared to be the sum and substance of duty for the four castes. — (63)

 

Medhātithi’s commentary (manubhāṣya):

‘Purity’ — refers to external purity, brought about by the use of clay, water and such things.

‘Sum, and substance.’ — This means that this is what pertains to entire human community, and not only to the Brāhmaṇa and the other castes.

The rest has been already explained.

“If ‘abstention from injuring creatures’ is the duty of the mixed castes of the ‘inverse’ order, how is it that it has been declared that — ‘killing fish is the livelihood of the Niṣādas’ (48), ‘and the catching of animals,’ living underground’ (49), and ‘the killing of wild animals for the Kṣattṛ and others?’”

In answer to this some people offer the explanation that the ‘abstention from injuring’ refers to injury other than that which has been prescribed as one’s livelihood.

Others think that what is here meant is that ‘abstention from injury’ is that kind of duty which is the source of spiritual welfare, and it does not mean the absolute prohibition of all injury. Just As it is in the case of the assertion — ‘there is no harm in the eating of meat etc., etc.’

“If ‘abstention from injury’ is a duty, how are the men to subsist? Other sources of income being not available to them, and abstention from injury being regarded sis conducive to spiritual welfare, what would be their means of livelihood? Specially as all other professions have been restricted to each distinct caste. For instance, teaching and other similar professions; are absolutely impossible, and cannot be available; agriculture and cognate professions are restricted to Vaiśyas; and service is the exclusive duty of the Śūdra.”

How these men are to subsist we shall explain below, under 116. It is further stated (in 46) that ‘they shall subsist by doing undespised manual labour for the twice-born people’; and what could be more ‘despised’ than injuring living beings? As for the ‘killing of fish,’ this could be of no use to twice-born men? It is true that an occasional use for it has been spoken of in connection with Śrāddhas and the reception of guests; but that could not serve as a permanent means of livelihood.

From all this it follows that no one is free to do any killing or injuring of living beings. — (63)

 

Comparative notes by various authors:

Yājñavalkya (1.122). — ‘Abstention from injury, Truthfulness, Abstention from theft, Purity, Control of the senses, Liberality, Self-control, Mercy, Tolerance, — these are the means of righteousness for all men.’

Vyāsa (Aparārka, p. 164). — ‘Freedom from cruelty, Abstention from injury, Kindness, Liberality, Performance of Śrāddha, Honouring guests, Truthfulness, Freedom from anger, Contentment with one’s own wife, Purity, Freedom from envy, Self-knowledge and Patience are the common virtues...... Truth, Self-control, Austerity, Purity, Contentment, Shyness, Tolerance, Straightforwardness, Wisdom, Calmness, Mercy, Concentrated mind — these constitute the eternal Dharma. — That is Truth which is beneficial to living beings; Self-Control consists in controlling the mind; Austerity consists in remaining firm in one’s own duty; Purity consists in the evading of inter-mixtures; Contentment consists in giving up objects of sense; Shyness consists in desisting from evil deeds; Tolerance consists in the capacity to bear the pairs of opposites; Straightforwardness consists in balance of mind; Wisdom consists in discerning the true nature of things; Calmness consists in peacefulness of mind; Mercy consists in the inclination to do good to living beings; — this is eternal Dharma.’

Bṛhaspati (Do.). — ‘Mercy, Tolerance, Freedom from envy, Purity, Abstention from over-exertion, Propitiousness, Freedom from miserliness, Freedom from desires, — these are common to all men. — When one protects another person in times of trouble, — whether he be a stranger or a relation, an enemy or a friend, — this is what is meant by Mercy. Tolerance is that by virtue of which one does not become angry on suffering pain. When one does not feel unhappy at the good qualities of another, and eulogises even those whose qualities are not of the best; — this is called Freedom from envy. Purity consists in avoiding forbidden food and in associating with blameless persons. When one avoids those acts which, though good, bring suffering to the body, that is Abstention from over-exertion. Propitiousness consists in doing what is good and desisting from what is not commended. Freedom from Miserliness is that by virtue of which one gives away, without pain, even the little that he possesses. Freedom from Desires is that by which one remains contented with whatever he obtains, without thinking of what others have got.’

Gautama (8.22-23). — ‘Now follow the eight qualities of the soul — Compassion on all creatures, Forbearance, Freedom from anger, Purity, Quietism, Propitiousness, Freedom from avarice and Freedom from covetousness.’

Āpastamba (1.23-6). — ‘Freedom from anger, from exultation, from grumbling, from covetousness, from perplexity, from hypocrisy and hurtfulness, — Truthfulness, Moderation in eating, Silencing slander, Freedom from envy, Self-denying, Liberality, Avoiding of gifts, Uprightness, Affability, Extinction of the passions, Subjugation of the senses, Peace with all beings, Concentration of mind, Regulation of conduct according to the Āryas, Peacefulness and Contentment; — these good qualities have been settled by the agreement of the wise for all the four orders. He who, according to the precepts of the sacred Law, practises these, enters the Universal Self.’

Viṣṇu (2.16-17). — ‘Forbearance, Veracity, Restraint, Purity, Liberality, Self-control, Avoiding the killing of animals, Obedience to elders, Pilgrimage, Sympathy with the afflicted, — Straightforwardness, Freedom from covetousness, Reverence towards God and Brāhmaṇas, and Freedom from anger are duties common to all.’

 

 

VERSE 10.64

Section VIII - Improvement in the Status of Castes

 

शूद्रायां ब्राह्मणाज् जातः श्रेयसा चेत् प्रजायते ।
अश्रेयान् श्रेयसीं जातिं गच्छत्या सप्तमाद् युगात् ॥६४॥

śūdrāyāṃ brāhmaṇāj jātaḥ śreyasā cet prajāyate |
aśreyān śreyasīṃ jātiṃ gacchatyā saptamād yugāt ||64||

 

If the child born from a Śūdra woman to a Brāhmaṇa goes on being wedded to a superior person, — the inferior attains the superior caste, within the seventh generation. — (64)

 

Medhātithi’s commentary (manubhāṣya):

The offspring here referred to (though mentioned by a masculine noun) stands for the child in general, just as in the case of such assertions as ‘garbhe gṛhṇāṭi,’ ‘gorbhe jātaḥ’ and so forth. The sense of the verse thus comes to be this: — ‘A maiden born from a Śūdra woman to a Brāhmaṇa father, — if she is ‘wedded to’ — acquires the capacity for bearing children, by becoming conjoined in wedlock to — a person of a superior caste i.e., the Brāhmaṇa, — and the girl born of this maiden is again married to a Brāhmaṇa, — and this goes on for seven generations, then in the seventh generation, the child that is born becomes a regular Brāhmaṇa.’

Though the text speaks of the ‘superior caste’ in general, yet it should be taken as meaning that the Śūdra attains the position of the Brāhmaṇa; and this because the Brāhmaṇa is mentioned in the text, and also because the next verse speaks of the Śūdra attaining the position of the Brāhmaṇa.

On the principle enunciated here, the child born from the Vaiśya mother (and the Brāhmaṇa hither) attains the superior caste in the fifth generation; and that born from the Kṣatriya mother, in the third generation.

In all these cases the ‘superiority’ is in comparison to the caste of the mother. So that if the girl born to a Vaiśya father from a Śūdra mother is married to a Vaiśya, she attains the superior caste in the third generation; and the girl born of the Śūdra mother to the Kṣatriya hither, on marrying the Kṣatriya, acquires the higher caste in the fifth generation. The term ‘yuga’ here stands for birth, generation.

The ‘inferior’ — one belonging to a lower caste — attains the ‘superior’ — the higher caste.

The article ‘ā’ (in the expression ‘ā saptamāt’) indicates limit. — (64)

 

Explanatory notes by Ganganath Jha:

If the daughter of a Brāhmaṇa from a Śudrā female and all their descendants marry Brāhmaṇas, the offspring of the sixth female descendant of the original couple will become a Brāhmaṇa (Medhātithi, Govindarāja, Kullūka and Rāghavānanda). — If the son of a Brāhmaṇa from a Śūdra female marries a similar girl possessed of excellent virtues and if his descendants go on doing the same, the child born of the sixth generation will become a Brāhmaṇa (Nārāyaṇa and Nandana)

 

Comparative notes by various authors:

(verses 10.64-65)

[See texts under 42.]

Gautama (4.22). — ‘In the seventh generation, men obtain a change of caste, either being raised to a higher, or degraded to a lower one. — The venerable teacher declares that this happens in the fifth generation.’

Yājñavalkya (1.96). — (See under 24 above.)

 

 

VERSE 10.65

Section VIII - Improvement in the Status of Castes

 

शूद्रो ब्राह्मणतामेति ब्राह्मणश्चैति शूद्रताम् ।
क्षत्रियाज् जातमेवं तु विद्याद् वैश्यात् तथैव च ॥६५॥

śūdro brāhmaṇatāmeti brāhmaṇaścaiti śūdratām |
kṣatriyāj jātamevaṃ tu vidyād vaiśyāt tathaiva ca ||65||

 

The Śūdra attains the position of the Brāhmaṇa and the Brāhmaṇa sinks to the position of the Śūdra; the same should be understood to be the case with the offspring of the Kṣatriya or of the vaiśya. — (65)

 

Medhātithi’s commentary (manubhāṣya):

That ‘the Śūdra attains the position of the Brāhmaṇa’ is what, has already been asserted above.

‘The Brāhmaṇa sinks to the position of the Śūdra’. — The ‘Brāhmaṇa’ meant here should be understood to be the Brāhmaṇa-born ‘Pārāśatra.’ If he marries a Śūdra girl of the nature described above, he sinks down to the lower level, in the third generation. This is how they explain this.

People who attain the higher caste, according to the principle here enunciated, become entitled to the sacraments and rites pertaining to that caste. — (65)

 

Comparative notes by various authors:

(verses 10.64-65)

[See texts under 42.]

See Comparative notes for Verse 10.64.

 

 

VERSE 10.66

Section VIII - Improvement in the Status of Castes

 

अनार्यायां समुत्पन्नो ब्राह्मणात् तु यदृच्छया ।
ब्राह्मण्यामप्यनार्यात् तु श्रेयस्त्वं क्वेति चेद् भवेत् ॥६६॥

anāryāyāṃ samutpanno brāhmaṇāt tu yadṛcchayā |
brāhmaṇyāmapyanāryāt tu śreyastvaṃ kveti ced bhavet ||66||

 

(question). — If a child is somehow born to a Brāhmaṇa from a non-Aryan woman, and another is born to a non-Aryan from a Brāhmaṇa woman, — with which of these would the ‘superiority’ lie? — (66)

 

Medhātithi’s commentary (manubhāṣya):

‘Which’ — denotes question.

If the ‘seed’ forms the more important factor, the children born from mothers of lower castes gradually attain the higher caste of the father; and the same principle might be applied to the case of the ‘soil’ being regarded as the more important factor. So that, just as the child born to the Brāhmaṇa father from a ‘Non-Aryan,’ — i.e., Śūdra — mother — ‘some-how’ — i.e., even when the woman is not his married wife, — would attain the higher caste — so also ‘the child born to a non-Aryan from the Brāhmaṇa woman’ would attain the higher caste, on the ground of the ‘soil’ being the more important factor; — it having been declared (under 9.34) that ‘predominance attaches sometimes to the seed and sometimes to the soil’ — (66)

 

Explanatory notes by Ganganath Jha:

‘Anāryāyām’ — ‘A Śūdra female’ (Medhātithi, Govindarāja, Kullūka, Rāghavānanda and Nandana); — ‘the daughter of a Vrātya and the like’ (Nārāyaṇa).

‘Yadṛcchayā’ — ‘By chance, i.e. even on an unmarried one’ (Medhātithi and Govindarāja); — ‘unknowingly’ (Nārāyaṇa).

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.67

Section VIII - Improvement in the Status of Castes

 

जातो नार्यामनार्यायामार्यादार्यो भवेद् गुणैः ।
जातोऽप्यनार्यादार्यायामनार्य इति निश्चयः ॥६७॥

jāto nāryāmanāryāyāmāryādāryo bhaved guṇaiḥ |
jāto'pyanāryādāryāyāmanārya iti niścayaḥ ||67||

 

The decision is that — ‘one born to an Ārya from a Non-Ārya woman may be an Ārya in quality; but one born to a Non-ārya even from an Ārya woman is always Non-Ārya’ — (67)

 

Medhātithi’s commentary (manubhāṣya):

‘Woman’ — female.

‘Non-Ārya’ — belonging to a low caste.

‘To an Ārya’ — to one belonging to a high caste.

Such a person would be an Ārya.

“Does he actually become a Brāhmaṇa?”

No; he is an ‘Ārya’ only ‘in quality,’ — only figuratively; i.e., only so far as being entitled to the performance of the Pākayajña rites.

This person is called an ‘Ārya’ only in comparison with the person going to be described in the latter half of the text.

‘One born to a non-ārya’ — a Śūdra — ‘from an Ārya woman’ — a Brāhmaṇa female — ‘is always non-ārya’.

This is the decision.

The meaning of all this is that the pre-eminence of any mixed caste is to be accepted only in accordance with what is distinctly stated in the text, and no inferences should be drawn regarding this matter. Hence the right course would always be that one should have intercourse with a woman of the same caste as himself; and what is said regarding the‘soil’ being the important factor, pertains only to the case of the‘soil-born’ son, and not to any other cases. — (67)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in ‘Vīramitrodaya’ (Saṃskāra, p. 396).

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.68

Section VIII - Improvement in the Status of Castes

 

तावुभावप्यसंस्कार्याविति धर्मो व्यवस्थितः ।
वैगुण्याज् जन्मनः पूर्व उत्तरः प्रतिलोमतः ॥६८॥

tāvubhāvapyasaṃskāryāviti dharmo vyavasthitaḥ |
vaiguṇyāj janmanaḥ pūrva uttaraḥ pratilomataḥ ||68||

 

The settled law is that both these are unfit for the sacraments: — the former on account of the defect in his birth and the latter by reason of his being horn ‘in the inverse order.’ — (68)

 

Medhātithi’s commentary (manubhāṣya):

Both kinds of children just described, — i.e., the Caṇḍāla and the Pārāśara — ‘are unfit for the sacraments’; — i.e., should not be ‘initiated.’

The text proceeds to add a declamatory statement by way of an argument for what has been just asserted — ‘The former on account of the defect in his birth’; — in the wise of the child born to a. Brāhmaṇa from the Śūdra woman, even though predominance may attach to the ‘seed,’ his birth is really defective, by reason of the lowness of his origin. ‘The latter,’ — the Caṇḍāla, is born ‘in the inverse order,’ and is the. worst of the ‘inversely horn sons,’ on account of the lowness of his father, even though the ‘soil’ be regarded as the more important factor. — (68)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 396).

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.69

Section VIII - Improvement in the Status of Castes

 

सुबीजं चैव सुक्षेत्रे जातं सम्पद्यते यथा ।
तथाऽर्याज् जात आर्यायां सर्वं संस्कारमर्हति ॥६९॥

subījaṃ caiva sukṣetre jātaṃ sampadyate yathā |
tathā'ryāj jāta āryāyāṃ sarvaṃ saṃskāramarhati ||69||

 

Just as good seed grown in a good soil turns out well, so is the child born to an Ārya from an Ārya woman worthy of all sacraments. — (59)

 

Medhātithi’s commentary (manubhāṣya):

The two spoken of above are not fit for the sacraments; but children born to one from his own caste are quite worthy of the sacraments. Both these are declamatory assertions. Hence the final conclusion on this matter remains that ‘in some cases it is the seed, and in others the soil, that is the predominant factor,’ just as it may be found to be definitely stated in the texts; but the marrying of a woman two degrees removed would not be proper. — (69)

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.70

Section VIII - Improvement in the Status of Castes

 

बीजमेके प्रशंसन्ति क्षेत्रमन्ये मनीषिणः ।
बीजक्षेत्रे तथैवान्ये तत्रैयं तु व्यवस्थितिः ॥७०॥

bījameke praśaṃsanti kṣetramanye manīṣiṇaḥ |
bījakṣetre tathaivānye tatraiyaṃ tu vyavasthitiḥ ||70||

 

Some wise men extol the seed, while others the soil; while yet others extol both the seed and the soil. The decision on this point is as follows. — (70)

 

Medhātithi’s commentary (manubhāṣya):

There are three theories, each being held by some sage or the other.

(1) Some people assert that the ‘seed’ is the more important factor; so that the child born to a Brāhmaṇa from a woman of the Kṣatriya or other castes, is superior to his mother’s caste.

(2) Others declare the ‘soil’ to be the more important; whence the ‘soil-born’ son belongs to the caste of the mother from whom he is born, and to whom he belongs.

(3) Others again hold that both are equally important; as declared in 69 — ‘as good seed sown in good soil etc, etc.’

Not satisfied with any of these views, the Author adds — ‘The decision on this point is as follows;’ — i. e., after full consideration the following decision has been arrived at. — (70)

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.71

Section VIII - Improvement in the Status of Castes

 

अक्षेत्रे बीजमुत्सृष्टमन्तरैव विनश्यति ।
अबीजकमपि क्षेत्रं केवलं स्थण्डिलं भवेत् ॥७१॥

akṣetre bījamutsṛṣṭamantaraiva vinaśyati |
abījakamapi kṣetraṃ kevalaṃ sthaṇḍilaṃ bhavet ||71||

 

The seed sown on barren soil perishes prematurely; and soil without the seed would be a mere barren plot. — (71)

 

Medhātithi’s commentary (manubhāṣya):

‘Akṣetra’ — barren ground.

‘Sown’ — thrown in.

‘Perishes prematurely’ — without yielding any harvest.

‘Without seed’ — or sown with bad seed, — the soil is only a ‘barren plot’ — an uncultivated land; and from this also no harvest is obtained. — (71)

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.72

Section VIII - Improvement in the Status of Castes

 

यस्माद् बीजप्रभावेण तिर्यग्जा ऋषयोऽभवन् ।
पूजिताश्च प्रशस्ताश्च तस्माद् बीजं प्रशस्यते ॥७२॥

yasmād bījaprabhāveṇa tiryagjā ṛṣayo'bhavan |
pūjitāśca praśastāśca tasmād bījaṃ praśasyate ||72||

 

Because through the power of the seed, those born of animals became sages, honoured and extolled, therefore it is the seed that is more important. — (72)

 

Medhātithi’s commentary (manubhāṣya):

‘Honoured’ — saluted by men.

‘Extolled’ — are eulogised with eulogistic words.

‘The seed is the more important’; — as held by those who declare the seed to be the more, important factor. This however is not right; as has been dearly indicated by what was said under 70 above.

Or, what the expression ‘through the power o f the seed’ implies is, not the importance of the seed, but a defect; — the sense being that — ‘people might be led to think that, the fact of Mandapāla and others, born of animals, having become sages through the power of the seed, proves the importance of the seed; but in reality, that the children became sages was due, not to the importance of the seed, but to the force of their learning and austerities and to their particularly meritorious acts. — (72)

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.73

Section VIII - Improvement in the Status of Castes

 

अनार्यमार्यकर्माणमार्यं चानार्यकर्मिणम् ।
सम्प्रधार्याब्रवीद् धाता न समौ नासमाविति ॥७३॥

anāryamāryakarmāṇamāryaṃ cānāryakarmiṇam |
sampradhāryābravīd dhātā na samau nāsamāviti ||73||

 

Having examined the Non-ārya behaving like an Ārya and the Ārya behaving like the Non-Ārya, the creator declared ‘that these are neither equal nor unequal.’ — (73)

 

Medhātithi’s commentary (manubhāṣya):

‘Non-ārya,’ — Śūdra.

‘Behaving like an Ārya,’ — devoted to the service of twice-born men, performing the Pākayajña sacrifices, always respectful towards Gods and Brāhmaṇas.

‘Ārya’ — Brāhmaṇa and the rest.

‘Behaving like a non-ārya,’ — doing what is forbidden and omitting what is enjoined.

Having ‘examined these two,’ — i.e., having considered their relative merits; having pondered over the question whether the one or the other was superior in his qualities, — Prajāpati, Manu, made the declaration.

‘They are not equal.’ — Inasmuch as ‘caste’ is the most important factor, the Śūdra, even though possessed of superior merit, can never be equal to the Brāhmaṇa.

He said again — ‘they are not unequal’; — for though of superior caste, the Brāhmaṇa is beset with many defects.

The meaning of all this is that no man can be respected simply on the strength of his caste; what wins respect is quality; if one is devoid of good qualities, his caste cannot come to his rescue; for if it did, then there would be no point in the prescribing of expiatory rites.

From verse 66 to the present one, the text is intended to be a deprecation of the ‘confusion of castes,’ and the praise of the due performance of one’s duties; there is nothing either enjoined or forbidden, nor is anything new asserted. Hence all these verses should he taken as purely commendatory.

 

Comparative notes by various authors:

(verses 10.66-73)

[See texts under 9.33 et seq.]

 

 

VERSE 10.74 [Functions of the Castes]

Section VIII (b) - Functions of the Castes

 

ब्राह्मणा ब्रह्मयोनिस्था ये स्वकर्मण्यवस्थिताः ।
ते सम्यगुपजीवेयुः षट् कर्माणि यथाक्रमम् ॥७४॥

brāhmaṇā brahmayonisthā ye svakarmaṇyavasthitāḥ |
te samyagupajīveyuḥ ṣaṭ karmāṇi yathākramam ||74||

 

Brāhmaṇas of pure Brāhmaṇa-birth, intent upon their duties, should duly perform the six acts in due order. — (74)

 

Medhātithi’s commentary (manubhāṣya):

This is meant to serve as an introduction to the subject of ‘Duties in abnormal times.’

‘Yoni’ is source, birth.

Brāhmaṇas of pure Brāhmaṇa-birth should perform the six acts: — the root ‘upa-jīva’ denoting performance here.

‘In due order’ — in accordance with their rights and capacities; i.e., each one doing the act to which he is entitled.

Some of the acts serve spiritual purposes, while others fulfill only material purposes. — (74)

 

Explanatory notes by Ganganath Jha:

‘Brahmayonisthāḥ.’ — ‘Intent upon the source of the Veda’(Medhātithi), — ‘Intent upon the means of union with Brahman’ (Kullūka); — ‘of pure Brahmanical race’ (Nārāyaṇa and Rāghavānanda); — ‘who abide by what springs from the Veda, i.e. the sacred law, — or who are the abode of the Veda’ (Nandana).

 

Comparative notes by various authors:

(verses 10.74-76)

Vaśiṣṭha (2.13-14). — ‘The lawful occupations of the Brāhmaṇa are six: studying the Veda, teaching, sacrificing for himself, sacrificing for others, giving gifts and accepting gifts.’

Gautama (10.1-3). — ‘The lawful occupations common to all twice-born men are — studying the Veda, offering sacrifices for themselves and giving gifts. — Teaching, offering sacrifices for others and accepting gifts are the additional occupations for the Brāhmaṇa. — But the former three are obligatory.’

Baudhāyana (1.18.2). — ‘Brahman forsooth, placed Its majesty in the Brāhmaṇas, together with the duties and privileges of studying, teaching, sacrificing for themselves, sacrificing for others, giving gifts and accepting gifts, — for the protection of the Vedas.’

Āpastamba (2.10.4-5). — ‘The lawful occupations of the Brāhmaṇa are — studying, teaching, sacrificing for himself, sacrificing for others, giving gifts, receiving gifts, inheriting and gleaning corn in the fields; and he may live by taking other things that belong to nobody.’

Viṣṇu (2.5, 9, 11). — ‘For a Brāhmaṇa, to teach the Veda, — to sacrifice and to study the Veda, — for a Brāhmaṇa, to sacrifice for others and to receive gifts.’

Yājñavalkya (1.118). — ‘Sacrificing, studying and giving gifts are common to the Brāhmaṇa, the Kṣatriya and the Vaiśya; for the Brāhmaṇa there are in addition to these, accepting gifts, sacrificing for others and teaching.’

Śukranīti (4.3.31-32). — ‘Sacrificing, studying, giving gifts, — these are the functions of the twice-born; — the additional special functions of the Brāhmaṇa are — receiving gifts, teaching and sacrificing for others.’

Kāmandaka (2.18-19). — ‘The celebration of sacrifices, the study of the Vedas, and the giving away of wealth to others, according to the rules of the Śāstras, — these are considered to be the common customary observances of the three castes, Brāhmaṇa, Kṣatriya and Vaiśya. — The holy acts of teaching, of conducting sacrifices for others, and of accepting gifts from the pious — these have been enumerated by the sages to be the means of livelihood for those belonging to the highest caste.’

Arthaśāstra (p. 29). — ‘The special duty of the Brāhmaṇa is to study, to teach, to sacrifice for himself, to sacrifice for others, to give gifts and to receive gifts.’

 

 

VERSE 10.75

Section VIII (b) - Functions of the Castes

 

अध्यापनमध्ययनं यजनं याजनं तथा ।
दानं प्रतिग्रहश्चैव षट् कर्माण्यग्रजन्मनः ॥७५॥

adhyāpanamadhyayanaṃ yajanaṃ yājanaṃ tathā |
dānaṃ pratigrahaścaiva ṣaṭ karmāṇyagrajanmanaḥ ||75||

 

Teaching, studying, sacrificing for oneself, sacrificing for others, giving and receiving gifts are the six functions for the ‘first born’. — (75)

 

Medhātithi’s commentary (manubhāṣya):

These were mentioned under Discourse I, only with a view to eulogising the Treatise; on the present occasion they are mentioned for being enjoined. Though the injunction of each of them singly has already gone before, yet, in a friendly spirit, the author, sets them forth here collectively. And as this statement is dependent upon other injunctions, it is to be taken as reiterating what has Been enjoined before, for the purpose of introducing the forthcoming injunction. — (75)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Paribhāṣā, p. 45).

 

Comparative notes by various authors:

(verses 10.74-76)

See Comparative notes for Verse 10.74.

 

 

VERSE 10.76

Section VIII (b) - Functions of the Castes

 

षण्णां तु कर्मणामस्य त्रीणि कर्माणि जीविका ।
याजनाध्यापने चैव विशुद्धाच्च प्रतिग्रहः ॥७६॥

ṣaṇṇāṃ tu karmaṇāmasya trīṇi karmāṇi jīvikā |
yājanādhyāpane caiva viśuddhācca pratigrahaḥ ||76||

 

From among these six functions, three are his means of livelihood: viz., sacrificing for others, Teaching and Receiving gifts from pure men. — (76)

 

Medhātithi’s commentary (manubhāṣya):

The division of the functions into groups of three is for a distinct purpose. One group of three has been put forward as serving (temporal) ends, while the other is conducive to invisible (spiritual) ends.

‘Pure’ — Not. addicted to sinful deeds.

“But the Śūdra also could be pure.”

Why should you have an aversion to that.?

“It would he contrary to other Smṛti texts, where it is laid down that ‘the Brāhmaṇas feed at the house of, and receive gifts from, such twice-born persons as are praiseworthy for their actions.’ In face of this the present text should be explained in such a manner as to avoid the contradiction of those other texts. For so long as a reconciliation of varying texts is possible, it is not right to admit of such contradiction.”

As a matter of fact, the present text is merely reiterative; the real injunction having gone before, in such texts as — ‘he shall seek to obtain wealth from Kṣatriyas, etc., etc.’ (4.33).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in. Madanapārijāta, (p. 215); — in Mitākṣarā, (1.118) to the effect that three out of the six functions are conducive to merit and these are to be practised as means of livelihood; so that while the former are obligatory, the latter are not so; — in Par ā śaram ā dhava (Ācāra, p. 140), to the same effect; — in Vyavahāra-Bālambhaṭṭī, (p. 424); — and in Saṃskāramayūkha (p. 122).

 

Comparative notes by various authors:

(verses 10.74-76)

See Comparative notes for Verse 10.74.

 

 

VERSE 10.77

Section VIII (b) - Functions of the Castes

 

त्रयो धर्मा निवर्तन्ते ब्राह्मणात् क्षत्रियं प्रति ।
अध्यापनं याजनं च तृतीयश्च प्रतिग्रहः ॥७७॥

trayo dharmā nivartante brāhmaṇāt kṣatriyaṃ prati |
adhyāpanaṃ yājanaṃ ca tṛtīyaśca pratigrahaḥ ||77||

 

From the Brāhmaṇa coming to the Kṣatriya, three of these functions cease; — viz., Teaching, Sacrificing for others, and third, the Receiving of gifts. — (77)

 

Medhātithi’s commentary (manubhāṣya):

These three functions, which are the means of livelihood, do not belong to the Kṣatriya; but those that are conducive to spiritual ends — i.e., studying and the rest, — do not cease.

Inasmuch as the Veda is the subject-matter in consideration, it is the teaching of the Veda that is forbidden for the Kṣatriya, and not that of the science of archery and other arts and sciences. — (77)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nṛsiṃhaprasāda (Āhnika, 37a).

 

Comparative notes by various authors:

(verses 10.77-80)

[See texts under 9.326 et seq.]

Gautama (10.1, 7, 15, 49). — ‘The occupations common to all the twice-born are — studying, offering sacrifices, and giving gifts, — to protect all beings is the additional function of the king (Kṣatriya), and to learn the management of chariots and the use of the bow; — the additional occupations of the Vaiśya are agriculture, trade, cattle-tending, and money-lending.’

Baudhāyana (1.18.3, 4). — ‘In the Kṣatriya, the Brāhmaṇa placed strength, together with the duties and privileges of studying, sacrificing, giving gifts, using weapons and protecting the life and property of all beings, — for the growth of good government. — In the Vaiśyas, the Brāhmaṇa placed the power to work, with the duties of studying, sacrificing, giving gifts, cultivating the soil, trading, and cattle-tending, — for the growth of productive labour.’

Āpastamba (2.10.6, 7). — ‘The lawful occupations of the Kṣatriya are the same as those of the Brāhmaṇa; with the exception of teaching, sacrificing for others and receiving gifts; and with the addition of governing and fighting. The lawful occupations of the Vaiśya are the same as those of the Kṣatriya, with the exception of governing and fighting, and with the addition of agriculture, cattle tending and trade.’

Vaśiṣṭha (2.15-19). — ‘The lawful occupations of the Kṣatriya are three — studying, sacrificing for himself and bestowing gifts; — and his peculiar duty is to protect the people with his weapons; he may earn his livelihood by that means. — The lawful occupations of the Vaiśya are the same besides agriculture, trading, cattle-tending and money-lending.’

Viṣṇu (2.6, 7, 9, 12, 13). — ‘For the Kṣatriya, constant practice in arms; — for the Vaiśya, the tending of cattle; — for all the twice-born, to sacrifice and to study; — the mode of livelihood for the Kṣatriya is to protect the world (and receive due reward); — and for the Vaiśya, tillage, keeping cows, trade, money-lending and growing of seeds.’

Yājñavalkya (1.118, 119). — ‘Sacrificing, studying and giving gifts are common to the Kṣatriya and the Vaiśya (and the Brāhmaṇa); — the principal function of the Kṣatriya is the protecting of the people; money-lending, agriculture, and trade and cattle-tending are the principal functions of the Vaiśya.’

Śukranīti (4.3.33-34). — ‘The additional special functions of the Kṣatriya are the protection of the good, suppression of the wicked and realising of revenues. The additional functions of the Vaiśya are agriculture, pasture and trade.’

Kāmandaka (1.20). — ‘The King (Kṣatriya) should live by his weapons and by protecting the people. The means of subsistence for the Vaiśya are cattle-rearing, agriculture and trade.’

Arthaśāstra (p. 29). — ‘The duties of the Kṣatriya are studying, sacrificing, making gilts, living by arms, and protecting of living beings; of the Vaiśya — studying, sacrificing, giving gifts, agriculture, cattle-tending and trade.’

 

 

VERSE 10.78

Section VIII (b) - Functions of the Castes

 

वैश्यं प्रति तथैवैते निवर्तेरन्निति स्थितिः ।
न तौ प्रति हि तान् धर्मान् मनुराह प्रजापतिः ॥७८॥

vaiśyaṃ prati tathaivaite nivarteranniti sthitiḥ |
na tau prati hi tān dharmān manurāha prajāpatiḥ ||78||

 

For the Vaiśya also these three should cease, — such is the law; since Prajāpati Manu has not prescribed these duties for those two (castes). — (78)

 

Medhātithi’s commentary (manubhāṣya):

The sense of this is explained by what has gone before.

‘Those two’ — The Kṣatriya and the Vaiśya; for these two, manu Prajāpati has not prescribed the three duties of Teaching and the rest; i.e., he has not declared these to be the duties belonging to them. — (78)

 

Comparative notes by various authors:

(verses 10.77-80)

[See texts under 9.326 et seq.]

See Comparative notes for Verse 10.77.

 

 

VERSE 10.79

Section VIII (b) - Functions of the Castes

 

शस्त्रास्त्रभृत्त्वं क्षत्रस्य वणिक्पशुकृषिर्विषः ।
आजीवनार्थं धर्मस्तु दानमध्ययनं यजिः ॥७९॥

śastrāstrabhṛttvaṃ kṣatrasya vaṇikpaśukṛṣirviṣaḥ |
ājīvanārthaṃ dharmastu dānamadhyayanaṃ yajiḥ ||79||

 

For the Kṣatriya carrying of arms and weapons, and for the Vaiśya, trade, cattle-tending and agriculture, are the means of livelihood; while giving, studying and sacrificing constitute their duty. — (79)

 

Medhātithi’s commentary (manubhāṣya):

These are their functions, which serve to provide them with the means of subsistence.

‘Arms’ — The sword and the rest, as also the incantations bearing upon the use of these.

This verse also is only reiterative of what has gone before; the terms ‘vaṇik’ and ‘paśu’ (used here) standing for what have been spoken of before as ‘vāṇijya’ and ‘paśupālaṇa.’ Though studying and the rest are the ‘duty’ of all the three twice-born castes, yet they are chiefly so for these two. — (79)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 397), to the effect that the wielding of weapons for the protection of the weak is the duty of the Kṣatriya only; — and in Mitākṣarā (1.119).

 

Comparative notes by various authors:

(verses 10.77-80)

[See texts under 9.326 et seq.]

See Comparative notes for Verse 10.77.

 

 

VERSE 10.80

Section VIII (b) - Functions of the Castes

 

वेदाभ्यासो ब्राह्मणस्य क्षत्रियस्य च रक्षणम् ।
वार्ताकर्मैव वैश्यस्य विशिष्टानि स्वकर्मसु ॥८०॥

vedābhyāso brāhmaṇasya kṣatriyasya ca rakṣaṇam |
vārtākarmaiva vaiśyasya viśiṣṭāni svakarmasu ||80||

 

Among their respective occupations, the most useful are — constant Vedic study for the Brāhmaṇa, protection for the Kṣatriya and commercial dealings for the Vaiśya. — (80)

 

Medhātithi’s commentary (manubhāṣya):

‘Vedic study’. — Since the subject-matter of the section is the means of livelihood, this must be taken as standing for the teaching of the Veda.

‘These are the most useful among their respective occupations.’ That is, among the means of livelihood sanctioned by the scriptures for them, these are most conducive to their welfare, out of all the other occupations carried on for the purpose of livelihood. — (80)

 

Explanatory notes by Ganganath Jha:

‘Vārtā.’ — ‘Trade’ (Nandana); — ‘trade and cattle-tending’ (Kullūka); — ‘trade, cattle-tending and agriculture’ (Govindarāja).

 

Comparative notes by various authors:

(verses 10.77-80)

[See texts under 9.326 et seq.]

See Comparative notes for Verse 10.77.

 

 

VERSE 10.81 [Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions]

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

अजीवंस्तु यथोक्तेन ब्राह्मणः स्वेन कर्मणा ।
जीवेत् क्षत्रियधर्मेण स ह्यस्य प्रत्यनन्तरः ॥८१॥

ajīvaṃstu yathoktena brāhmaṇaḥ svena karmaṇā |
jīvet kṣatriyadharmeṇa sa hyasya pratyanantaraḥ ||81||

 

If the Brāhmaṇa is unable to subsist by his own occupation as described above, he may make a living by the function of the Kṣatriya; since this latter is next to him. — (81)

 

Medhātithi’s commentary (manubhāṣya):

When ho finds it difficult to maintain himself, his family and his business, and he is unable to obtain wealth sufficient for all this, then he is said to be ‘unable to subsist.’

‘As described above’; — i.e., by Teaching and the rest Ho may make, like the Kṣatriya, a living by guarding over villages and towns, by carrying arms and weapons, and also, if possible, by ruling over the people.

The exact meaning of ‘making a living’ has been already explained; it does not stand here for the mere maintenance of one’s own body; it implies the maintenance of the family and also the carrying on of one’s business.

‘He is next to him’ — ‘pratyanantara’ is the same as ‘anantara.’ Inasmuch as the text has provided this reason, it follows that the occupations of those removed by further degrees (i.e., of the Vaiśya or the Śūdra) involve sin for the Brāhmaṇa. Though the abandoning of his own occupation would be the same in all, yet it should not be thought that there is no difference in the degree of transgression of the law involved in having recourse to the occupations of the Vaiśya and those of the Śūdra; since, as the next verse declares, the Brāhmaṇa may have recourse to the occupation of the Vaiśya). — (81)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 231); — in Vīramitrodaya, (Rājanīti, p. 13), to the effect that Kingship is not altogether forbidden to the Brāhmaṇa; — and in Nṛsiṃhaprasāda (Āhnika, 36b).

 

Comparative notes by various authors:

(verses 10.81-84)

Gautama (7.4-7). — ‘In times of distress, it is permissible to offer sacrifices for men of all castes, to teach them and to accept gifts from them; each preceding mode of living being preferable to the succeeding. On failure of the occupations lawful for the Brāhmaṇa, he may live by the occupations of the Kṣatriya; and on failure of these latter, he may live by the occupations of the Vaiśya.’

Baudhāyana (1.4.16-21). — ‘A Brāhmaṇa, who is unable to subsist by teaching, sacrificing for others or the acceptance of gifts, shall maintain himself by following the duties of the Kṣatriya, because that is the next following caste. Gautama declares that the Brāhmaṇa shall not act thus; for the functions of the Kṣatriya are too cruel for the Brāhmaṇa. They quote also the following verse: — “Out of regard for the sacred law, a Brāhmaṇa or a Vaiśya may take up arms for the protection of cows or Brāhmaṇas, or when a confusion of castes threatens to take place.” Or, the Brāhmaṇa may adopt the Vaiśya’s means of livelihood; because that is the one following next. If he lives by agriculture, he shall plough before breakfast, and with two bulls whose noses have not been pierced, never striking them with the goad, but frequently coaxing them.’

Vaśiṣṭha (2.22-24, 32-33). — ‘Those who are unable to live by their own lawful occupation may adopt that of the next inferior caste; but never that of a higher caste. A Brāhmaṇa and a Kṣatriya who have resorted to the Vaiśya’s mode of livelihood and maintain themselves by trade shall not sell the following things — stone, &c., &c., &c. For the purpose of cultivation, he shall plough before breakfast with two bulls whose noses have not been pierced; if he ploughs in the hot season, he shall water his beasts even in the morning.’

Viṣṇu (2.15). — ‘In times of distress, each caste may follow the occupation of that next to it in rank.’

Yājñavalkya (3.34). — ‘In times of distress, the Brāhmaṇa may maintain himself by the occupation of the Kṣatriya, or by that of the Vaiśya; but having tided over the distress, he shall purify himself by expiations and confine himself to his own path.’

Mahābhārata (3.208.23 — 12.263.44-45). — (Same as Manu 84.)

Nārada (1.56-60). — ‘In times of distress, a Brāhmaṇa is allowed to gain his subsistence in the mode prescribed for the caste next to him in rank; or he may gain his subsistence like a Vaiśya. But he must never resort to the mode of livelihood prescribed for the lowest caste. At no time should a Brāhmaṇa follow the occupations of a man of vile caste, or a vile man the occupations of a Brāhmaṇa; in either case, expulsion from caste would be the immediate consequence... When a Brāhmaṇa has lived through the times of distress, with the wealth acquired by following the occupations of the Kṣatriya, he must perform a penance and relinquish those occupations. When a Brāhmaṇa takes delight in those occupations and persists in them, he is declared to be a Kāṇḍapṛṣṭha and must be expelled from society, because he has swerved from the path of duty.’

 

 

VERSE 10.82

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

उभाभ्यामप्यजीवंस्तु कथं स्यादिति चेद् भवेत् ।
कृषिगोरक्षमास्थाय जीवेद् वैश्यस्य जीविकाम् ॥८२॥

ubhābhyāmapyajīvaṃstu kathaṃ syāditi ced bhavet |
kṛṣigorakṣamāsthāya jīved vaiśyasya jīvikām ||82||

 

If he is unable to subsist by these two occupations, and the question arises as to how it should be, — he may live the living of the Vaiśya, having recourse to agriculture and cattle-tending. — (82)

 

Medhātithi’s commentary (manubhāṣya):

‘If he is unable to subsist by these two occupations.’ The text is meant to lay clown a distinct order of sequence; at first he is to adopt, the occupation of the caste next to him, and then that of the caste removed a degree further.

The mention of ‘agriculture and cattle-tending’ is meant to stand for all the occupations of the Vaiśya. That is why trading is also permitted, in view of which the author is going to forbid (in 85, et. seq.) the selling of certain things by the Brāhmaṇa.

 

‘He may live the living of the Vaiśya — The two acts (denoted by the terms ‘live’ and ‘living’) are spoken of as cause and effect, — one standing for the general act of living, and the other for the special forms of living.

Some people have held that from among the occupations of the Vaiśya, agriculture, trade, and money-lending have been permitted (for the Brāhmaṇa) even during normal times, — just like Teaching and other occupations — under verses 4.5 and 6. In Gautama (10.5 and 6) also we read — ‘Agriculture and trade done by himself, as also money-lending’; which permits the carrying on of agriculture and trade by the Brāhmaṇa himself.

As for the view that these stand on the same footing as Teaching and other occupations (of the Brāhmaṇa himself), — this has been refuted by us already. If agriculture and other occupations of the Vaiśya stood for all three castes, on exactly the same footing, — then, why should ‘trade, cattle-tending and agriculture’ have been mentioned as the most useful occupation ‘for the Vaiśya’ (verse 79)? And for the Brāhmaṇa and the Kṣatriya also, these should not have been mentioned as to be adopted only under the stress of want of livelihood; in fact they should have been mentioned along with ‘Teaching, sacrificing for others and receiving gifts from pure men’ (76) [which have been mentioned as the special occupations of the Brāhmaṇa].

The conclusion therefore is that so long as the Brāhmaṇa can make a living by teaching and the other occupations laid down for himself, agriculture and the rest are forbidden to him. As regards the texts (4. 5 and 6) permitting these latter for the Brāhmaṇa, the real meaning of this we have already explained under those texts. — (82)

 

Explanatory notes by Ganganath Jha:

Nārāyaṇa thinks that ‘Kṛṣi’ means here that agriculture whereat the Brāhmaṇa himself does not do any manual work; bat Govindarāja and Kullūka reject this view.

This verse is quoted in Mitākṣarā, (3.35), to the; effect that in abnormal times for purposes of livelihood the Br āh maṇa may have recourse to the functions of the Vaiśya, but never to those of the Śūdra; — in Madanapārijāta, (p. 232); — and in Nṛsiṃhaprasāda (Āhnika, 36b).

 

Comparative notes by various authors:

(verses 10.81-84)

See Comparative notes for Verse 10.81.

 

 

VERSE 10.83

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

वैश्यवृत्त्याऽपि जीवंस्तु ब्राह्मणः क्षत्रियोऽपि वा ।
हिंसाप्रायां पराधीनां कृषिं यत्नेन वर्जयेत् ॥८३॥

vaiśyavṛttyā'pi jīvaṃstu brāhmaṇaḥ kṣatriyo'pi vā |
hiṃsāprāyāṃ parādhīnāṃ kṛṣiṃ yatnena varjayet ||83||

 

But even when subsisting by the occupation of the Vaiśya, the Brāhmaṇa or the Kṣatriya shall carefully avoid agriculture, which involves injury to living creatures and is dependent upon others. — (83)

 

Medhātithi’s commentary (manubhāṣya):

This deprecation of Agriculture is meant to eulogise the other occupations of the Vaiśya, and to forbid agriculture itself. If it had been to be entirely forbidden, the permitting of it (under 82) would become absolutely pointless. — (83)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 936), to the effect that even when taking to the Vaiśya’s livelihood, the Brāhmaṇa shall avoid cultivating land himself; — and in Parāśaramādhava (Ācara, p. 426), as prohibiting the Brāhmaṇa’s cultivation of land by himself.

 

Comparative notes by various authors:

(verses 10.81-84)

See Comparative notes for Verse 10.81.

 

 

VERSE 10.84

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

कृषिं साधुइति मन्यन्ते सा वृत्तिः सद्विगर्हिताः ।
भूमिं भूमिशयांश्चैव हन्ति काष्ठमयोमुखम् ॥८४॥

kṛṣiṃ sādhuiti manyante sā vṛttiḥ sadvigarhitāḥ |
bhūmiṃ bhūmiśayāṃścaiva hanti kāṣṭhamayomukham ||84||

 

People think agriculture to be good; but that occupation is despised by the righteous; the iron-tipped wood injures the earth and the earthly creatures. — (84)

 

Medhātithi’s commentary (manubhāṣya):

People think agriculture to be a good occupation; one who carries on agricultural operations obtains much grain, whereby he feeds guests; that is why it is ‘good.’ To the same end we have such assertions as — ‘He who does not till the ground is not loved by his guests,’ ‘one should carefully carry on agricultural operations,’ and ‘the plough, the spear, tills the soil etc., etc.,’ (Vājasaneya Saṃhitā, 12.71)

This view however is not the right one to take. This is an occupation that is despised by the righteous; — and the reason for this lies in the fact that ‘the iron-tipped wood’ — the plough — ‘injures the Earth and the earthly creatures,’ — i.e., those creatures that live under the ground, e.g., the caterpillar and the rest.

“What sort of injury is inflicted on the Earth? The Earth certainly does not suffer pain, like the living creatures, by the stroke of the wooden implement.”

What the text means is that the Earth does suffer pain, and thereby forbids all tearing of the ground. — (84)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 426); — and in Aparārka, (p. 937) as supplying the reason for forbidding land-cultivation by the Brāhmaṇa.

 

Comparative notes by various authors:

(verses 10.81-84)

See Comparative notes for Verse 10.81.

 

 

VERSE 10.85

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

इदं तु वृत्तिवैकल्यात् त्यजतो धर्मनैपुणम् ।
विट्पण्यमुद्धृतोद्धारं विक्रेयं वित्तवर्धनम् ॥८५॥

idaṃ tu vṛttivaikalyāt tyajato dharmanaipuṇam |
viṭpaṇyamuddhṛtoddhāraṃ vikreyaṃ vittavardhanam ||85||

 

But there is this, that one who, under the stress of livelihood, renounces the strictness concerning his duties, may, for increasing his wealth, sell such commodities as are sold by Vaiśyas, with certain exceptions. — (85)

 

Medhātithi’s commentary (manubhāṣya):

‘This’ — refers to what follows.

‘Such commodities as are sold by Vaiśyas.’ — If the Brāhmaṇa has no wealth, he may, if pressed for livelihood, sell such things as are permitted to be sold by Vaiśyas.

‘Exceptions.’ — This term stands for the commodities excluded. ‘With certain exceptions’; — from which certain articles are excluded. The Brāhmaṇa may sell the things, with the exception of those hereinafter enumerated.

‘For increasing his wealth.’ — This describes the nature of things; it being well known that trade is conducive to increased wealth.

‘Renounces the strictness concerning his duties,’ — i.e., his strict regard for his duty. This implies that as a rule the said selling should not be done; and the upshot of all this is that from out of the several occupations of the Vaiśya, Agriculture is the worst for the Brāhmaṇa, then trade, and then cattletending and the rest — (85)

 

Comparative notes by various authors:

(verses 10.85-93)

Gautama (7.8-15). — ‘Goods not to be sold by the Brāhmaṇa are — perfumes, flavouring substances, prepared food, sesamum, hempen and linen cloth, skins, garments dyed red or washed, milk and preparations of it, roots, fruits, flowers, medicines, honey, flesh, grass, water, poisons, animals for slaughter; nor under any circumstances, human beings, heifers, female calves, cows big with young. Some declare that traffic in land, rice, barley, goats, sheep, horses, hulls, milch cows and draught oxen is also forbidden.’

Āpastamba (1.20.10-13). — ‘Trade is not lawful for a Brāhmaṇa; — in times of distress he may trade in lawful merchandise, avoiding the following, that are forbidden — men, condiments and liquids, colours, perfumes, food, skins, heifers, glueing substances, water, young corn-stalks, substances from which spirituous liquor is extracted, red and black pepper, corn, flesh, arms, and the hope of reward for meritorious deeds. Among the various kinds of grains, he shall specially not sell sesamum or rice.

Yājñavalkya (3.6-38). — ‘Fruits, stones, linen, Soma, human beings, cakes, plants, sesamum, rice, liquids, curds, milk, clarified butter, water, arms, wine, wax, honey, lac, grass, clay, skins, flowers, blankets, hairs, Takra, poisons, land, silken cloth, indigo, salt, one-hoofed animals, lead, vegetable, pepper, medicines, oil-cake, animals, perfumes, — these the Brāhmaṇa should never sell, even when living by the occupations of the Vaiśya. But sesamum may be sold for religious purposes, in exchange of paddy.’

Baudhāyana (2.2.27-29). — ‘He who sells sesamum, forsooth, sells his ancestors; he who sells rice, forsooth, sells his life; he who gives away his daughter, making a bargain, forsooth, sells portions of his spiritual merit. Grass and wood in their natural state may be sold. They quote the following — “Animals that have only one row of teeth, as well as minerals excepting salt, and undyed thread, — these, O Brāhmaṇa, are the goods thou art permitted to sell.”’

Vaśiṣṭha (2.24-31). — ‘A Brāhmaṇa and a Kṣatriya, who have resorted to a Vaiśya’s mode of living and maintain themselves by trade, shall not sell stones, salt, hempen cloth, silk, linen and skins; nor any kind of dyed clothing; nor prepared food, flowers, fruit, roots, perfumes, substances (used for) flavouring (food); nor water, the juice extracted from plants; nor Soma, weapons, poison, nor flesh, nor milk, nor preparations of it, iron, tin, lac, and lead. Now they quote also (the following verse): By (selling) flesh, lac, and salt a Brāhmaṇa at once becomes an outcast; by selling milk he becomes (equal to) a Śūdra after three days. Among tame animals those with uncloven hoofs, and those that have an abundance of hair (must not be sold), nor any wild animals, (nor) birds, nor beasts that have tusks (or fangs). Among the various kinds of grain they mention sesamum (as forbidden). Now they quote also (the following verse) — If he applies sesamum to any other purpose but food, anointing and charitable gifts, he will be born again as a worm and, together with his ancestors, be plunged into his own ordure. — Or, at pleasure, they may sell (sesamum), if they themselves have produced it by tillage.’

Viṣṇu (54.18-21). — ‘He who sells fresh ginger, edible plants, perfumes, flowers, fruits, roots, skins, canes, things made of split bamboo, chaff, potsherds, hair, ashes, bone, cow-milk or curds, oil-cakes, sesamum or oil, must perform the Prājāpatya. He who sells the fruit of the śleśmātaka tree, lac, bees-wax, shells, mother-o-pearl, tin, lead, iron, copper, or sacrificial vessels made of rhinoceros’ horn, must perform the Cāndrāyaṇa. He who sells dyed cloth, tin, precious stones, perfumes, sugar, honey, liquids or condiments, or wool must fast for three days. He who sells meat, salt, lac or milk must perform the Cāndrāyaṇa. And all these persons should undergo initiation a second time.’

 

 

VERSE 10.86

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

सर्वान् रसानपोहेत कृतान्नं च तिलैः सह ।
अश्मनो लवणं चैव पशवो ये च मानुषाः ॥८६॥

sarvān rasānapoheta kṛtānnaṃ ca tilaiḥ saha |
aśmano lavaṇaṃ caiva paśavo ye ca mānuṣāḥ ||86||

 

He shall avoid all savoury substances as also cooked food and sesamum, stores, salt, animals and human beings. — (86)

 

Medhātithi’s commentary (manubhāṣya):

There are six flavours, rasas, — sweet and the rest; and the term ‘rasa,’ ‘savoury substances’ here stands for substances abounding in one or other of these flavours; such as sugar, pomegranate, the ‘kirāta,’ the ‘tiktaka’ and so forth; all these are forbidden; and not only those that are made of the juices extracted from the trees etc., (which is the literal meaning of ‘rasa’). Though the term ‘rasa’ is not used directly in the sense of substance, in the way in which ‘white’ and such terms are, yet it indirectly indicates it; just as in the case of the expression ‘the ranch on the Gaṅgā,’ (the term ‘Gaṅgā’ indicates the river-bank).

‘Shall avoid’ — shall give it up; i.e., shall not sell.

‘Cooked food’ — such as rice cooked and ready for being eaten.

‘And sesamum.’ — Sesamum also shall not be sold; and it is not meant that what is forbidden is such food as is cooked with sesamum, and the selling of each separately is permitted.

‘Stones’ — Of all kinds.

‘Salt’ — Even those that are not in the form of stone (solid); rock-salt being already included under ‘stones.’

If the term ‘rasa’ is understood in its literal sense, of the six flavours, then, since ‘salt’ will have been already included under this, the separate mention of ‘salt’ would mean that the selling of this is absolutely forbidden for all time, while that of ‘sweet’ and the rest is only partially so.

‘Animals’ — Tame as well as wild.

‘Human beings’ — Men. — (86)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta, (p. 232), which explains ‘vyapoheta’ (which is its reading for ‘apoheta’) as ‘should avoid’ i.e. ‘should not sell’; it adds that ‘rasa’ having been already mentioned, ‘lavaṇa’ is mentioned again for the purpose of indicating that the selling of salt is more blameworthy.

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.87

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

सर्वं च तान्तवं रक्तं शाणक्षौमाविकानि च ।
अपि चेत् स्युररक्तानि फलमूले तथौषधीः ॥८७॥

sarvaṃ ca tāntavaṃ raktaṃ śāṇakṣaumāvikāni ca |
api cet syuraraktāni phalamūle tathauṣadhīḥ ||87||

 

Every kind of woven article dyed (red) as well as that made of hemp, silk or wool, even when not dyed red; and also fruits and roots and medicinal herbs. — (87)

 

Medhātithi’s commentary (manubhāṣya):

‘Woven article’ — Things made of cotton yarns; i.e., doth, wrapper and so forth.

‘Rakta’ — i.e., red; the word ‘rakta’ is known as denoting the red colour more than the others; e.g., it is only the ruddy bull that is called ‘rakta.’ Though what the root ‘rañj’ (to dye) denotes is only the imparting of some sort of colour to what is white. Hempen, silken and woollen articles, — even when not dyed. The rest is clear. — (47)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta, (p. 232), which adds that ‘vyapoheta’ of the preceding verse is to be construed with all that follows; — in Mitākṣarā, (3.38); — and in Saṃskāramayūkha, (p. 123), which says that ‘all these should not be sold.’

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.88

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

अपः शस्त्रं विषं मांसं सोमं गन्धांश्च सर्वशः ।
क्षीरं क्षौद्रं दधि घृतं तैलं मधु गुडं कुशान् ॥८८॥

apaḥ śastraṃ viṣaṃ māṃsaṃ somaṃ gandhāṃśca sarvaśaḥ |
kṣīraṃ kṣaudraṃ dadhi ghṛtaṃ tailaṃ madhu guḍaṃ kuśān ||88||

 

Water, weapons, poison, meat, soma and all kinds of perfume; milk, honey, curds, butter, oil, honey-wax, sugar and kuśa-grass. — (88)

 

Medhātithi’s commentary (manubhāṣya):

‘Weapons’ — Swords, nooses and so forth.

‘Perfume.’ — Such special fragrant substances as the ‘Tagara,’ the ‘Uśīra’, Sandalwood and so forth; the term ‘gandha’ being explained in the same manner as the word ‘rasa’ above.

‘Milk’ — Everything made of milk, as described in other ‘Smṛti texts’ such as sour cream, whey, co-agulated milk and so forth; — all these should not be sold. ‘Curd’ and ‘butter’ have been mentioned separately with a view to indicate the special importance of these among all milk — products.

‘Madhu’ stands for ‘madhūcchiṣṭa’ bees-wax, — the part (‘madhu’) standing for the whole ‘madhūcchiṣṭa.’ Just as ‘deva’ is generally used for ‘devadatta.’ That this is so follows from the fact that it is the selling of the ‘bees-wax’ that is expressly forbidden in another Smṛti; and as for honey (Madhu) itself, it is forbidden in the present text by the special name ‘Kṣaudra’, — the grape-juice (which also is called ‘kṣaudra,’ being expressly forbidden in a later verse under the name ‘madya.’

Others however explain the term ‘madhu’ in the present verse as standing for grape-juice before fermentation has set in and it has become ‘wine,’ ‘madya.’

This however is not right. Because the word ‘madhu’ is not denotative of the freshly extracted grape-juice; in fact it always stands for it in the form of wine; as we find in such passages as ‘Ubhau madhvāsavakṣibau,’ where intoxication is spoken of as brought about by ‘madhu,’ and it is only wine that brings about intoxication.

‘Sugar’. — This has been mentioned with a view to show that the prohibition of this could not come under that of “r asa’ (under 86). Others however explain that this has been added with a view to imply that the selling of things made of sugar — such as sweetmeats — is permitted. — (88)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Mitākṣarā (3.38), which adds the following notes: — ‘Dadhi and kṣīra’ stand for all preparations of milk and curd; ‘ghṛtam’ for all oily substances; — in Madanapārijāta (p. 232), which adds that ‘kṣaudram’ stands for bees-wax, honey itself being mentioned separately (‘madhu’); — and in Saṃskāramayūkha (p. 123).

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.89

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

आरण्यांश्च पशून् सर्वान् दंष्ट्रिणश्च वयांसि च ।
मद्यं नीलिं च लाक्षां च सर्वांश्चैकशफांस्तथा ॥८९॥

āraṇyāṃśca paśūn sarvān daṃṣṭriṇaśca vayāṃsi ca |
madyaṃ nīliṃ ca lākṣāṃ ca sarvāṃścaikaśaphāṃstathā ||89||

 

All beasts of the forest, fanged animals, and birds, wine, indigo, lac, and also all one-hoofed animals. — (89)

 

Medhātithi’s commentary (manubhāṣya):

The terms ‘of the forest’ and ‘beasts’ should be taken as to be explained on the analogy of the words ‘sugar’ a nd ‘salt.’

This has heen mentioned for the purpose of implying that the selling of tame animals is permitted. Where dealing with tame animals is forbidden, it. is in view of the fact that these also, when enraged, become dangerous.

‘Fanged animals’ — Dogs, hoars and so forth.

‘Birds’ — Winged beings.

‘One-hoofed animals’ — Horses, mules, asses and so forth.

Some people read ‘bahūn’ for ‘tathā’; and by that, there would be nothing wrong in the selling of a single one-hoofed animal. — 89)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 232); — in Aparārka (p. 931), which adds that this prohibition is meant for the Brāhmaṇa only; — in Mitākṣarā (3.38); — and in Saṃskāramayūkha (p. 123).

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.90

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

काममुत्पाद्य कृष्यां तु स्वयमेव कृषीवलः ।
विक्रीणीत तिलांशूद्रान् धर्मार्थमचिरस्थितान् ॥९०॥

kāmamutpādya kṛṣyāṃ tu svayameva kṛṣīvalaḥ |
vikrīṇīta tilāṃśūdrān dharmārthamacirasthitān ||90||

 

But the agriculturist may, if he wishes, sell pure sesamum for sacred purposes, if he has cultivated them himself and has not kept these long. — (90)

 

Medhātithi’s commentary (manubhāṣya):

Under 86, the selling of ‘cooked food and sesamum’ has been forbidden; and to this the present verse is an exception, in view of certain special conditions and purposes.

‘Pure,’ ‘not kept long’; — these refer to the condition of the grains; and ‘for sacred purposes’ — refers to the purpose.

‘Pure ’ — ‘not mixed with Vrīhi and other grains. There is possibility of mixed sesamum being sold for the purposes of preparing ‘mixed food.’

‘Not kept long.’ — This implies that the man shall not keep back the grains with the idea that they are selling cheap now, but after a few days they shall fetch higher prices.

Or, ‘pure’ may mean not black; the prohibition applying to black sesamum; and sesamum becomes black if kept for a long time. The meaning is that he shall not sell black sesamum after having grown or bought it.

‘The agriculturist,’ ‘if he has cultivated it himself.’ These words are only descriptive, and much significance is not meant to be attached to them.

The selling of grains obtained in gifts is also not forbidden.

‘For moved purposes.’ For instance, when sesamum is sold for the purpose of obtaining money whereby to buy the cow to be given as a sacrificial fee, or when it is sold for the performance of Vedic study, Agnihotra and such rites, or when it is sold for the purpose of buying with the price thus obtained, Vrīhi and other corns needed for the performance of the Darśapūrṇamāsa and other sacrifices. In all these cases the selling is ‘for a sacred purpose’; — or, when the sesamum itself is used by the purchaser for such religious acts as making gifts, or for getting oil for medicinal purposes. — (90)

 

Explanatory notes by Ganganath Jha:

‘Śuddhān’ — ‘unmixed’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘white’ (Nandana); — ‘of good quality’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 431) as permitting the selling of sesamum. It notes on this point two views — (a) that what is said here refers to exchanging, and (b) that it permits the selling only for the purpose of paying off a debt not otherwise payable; — aṇd it prefers the latter.

It is quoted in Mitākṣarā (3.39), which adds that ‘dharma’ stands for such necessities as medication and the like.

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.91

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

भोजनाभ्यञ्जनाद् दानाद् यदन्यत् कुरुते तिलैः ।
कृमिभूतः श्वविष्ठायां पितृभिः सह मज्जति ॥९१॥

bhojanābhyañjanād dānād yadanyat kurute tilaiḥ |
kṛmibhūtaḥ śvaviṣṭhāyāṃ pitṛbhiḥ saha majjati ||91||

 

If one does with sesamum anything else, except eating, anointing and giving, — he becomes a worm and plunges into the ordure of dogs, along with his ancestors. — (91)

 

Medhātithi’s commentary (manubhāṣya):

In connection with the prohibition of the selling of sesamum except under the said conditions, we have this declamatory statement.

“It has been declared that the mention of the wrong involved in the doing of what is forbidden is the purpose served by declamatory assertions; why then should the declamatory statement in the present ease be put forward in the form — ‘He becomes a worm if he does anything else with sesamum than eating, anointing and giving?’”

The answer to this is as follows: — This has been asserted in this form because the result spoken of is one that is impossible and also contrary to what has been asserted in other treatises. For instance, it is said here that the man plunges into ordure ‘along with his ancestors,’ — and certainly no wrong is committed by these ancestors; the results of good and bad acts always accrue to the man that does them; in no sense could the ancestors be the persons that did the act in question; all which has been already discussed before. Then again, it is said below (in 92) that — ‘by selling meat he at once becomes an outcaste’; where becoming an out-caste could not apply to any one else except the seller himself. From all this it is clear that all that is meant to be really related to the prohibition is that something undesirable happens; and the words of the text cannot be taken as literally true. Hence what is meant is that ‘the man who does anything else — in the shape of selling and the like — with sesamum than eating and the rest, becomes a worm, — i.e., becomes tainted with the evil effects described.’ — (91)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 933); — in Mitākṣarā (3.39), to the effect that the selling of sesamum otherwise than what is mentioned in the preceding verse is sinful; — in Parāśaramādhava (Ā cāra p. 431); — and in Saṃskāramayūkha (p. 124).

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.92

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

सद्यः पतति मांसेन लाक्षया लवणेन च ।
त्र्यहेण शूद्रो भवति ब्राह्मणः क्षीरविक्रयात् ॥९२॥

sadyaḥ patati māṃsena lākṣayā lavaṇena ca |
tryaheṇa śūdro bhavati brāhmaṇaḥ kṣīravikrayāt ||92||

 

By selling meat, lac and salt, the Brāhmaṇa becomes an outcast at once; and by selling milk the Brāhmaṇa becomes a Śūdra in three days. — (92)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this has been already explained. — (92)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.40); — in Parāśaramādhava (Ācāra p. 422); — in Aparārka (p. 934), where it is pointed out that this refers to a Brāhmaṇa who has not performed the requisite expiatory rites; — again on p. 1046; — in Smṛtitattva (p. 353) — in Madanapārijāta (p. 232); — in Saṃskāramayūkha (p. 124); — in Nṛsiṃhaprasāda (Āhnika 36b) and in Prāyaścittaviveka (p. 427), which says that only strong deprecation is what is meant

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.93

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

इतरेषां तु पण्यानां विक्रयादिह कामतः ।
ब्राह्मणः सप्तरात्रेण वैश्यभावं नियच्छति ॥९३॥

itareṣāṃ tu paṇyānāṃ vikrayādiha kāmataḥ |
brāhmaṇaḥ saptarātreṇa vaiśyabhāvaṃ niyacchati ||93||

 

By selling, through greed, other commodities, the Brāhmaṇa assumes, in seven nights, the character of the Vaiśya. — (93)

 

Medhātithi’s commentary (manubhāṣya):

‘Through greed.’ — This implies ‘during normal times, not of distress.’

This theory regarding the greater and less degree of wrong involved in the various commodities is for the purpose of indicating that there are special expiatory rites in connection with the selling of meat and other things. We are going to explain how there is heavy expiation in the case of the more heinous selling and less heavy in the case of the less heinous one. — (93)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 232); — in Mitākṣarā (3.40) — and in Saṃskāramayūkha (p. 124), which explains ‘itareṣām’ as ‘all aforesaid articles except milk’; — and adds that all this refers to normal times.

 

Comparative notes by various authors:

(verses 10.85-93)

See Comparative notes for Verse 10.85.

 

 

VERSE 10.94

Section IX - Variations in the Functions of the Brāhmaṇa due to Abnormal Conditions

 

रसा रसैर्निमातव्या न त्वेव लवणं रसैः ।
कृतान्नं च कृतान्नेन तिला धान्येन तत्समाः ॥९४॥

rasā rasairnimātavyā na tveva lavaṇaṃ rasaiḥ |
kṛtānnaṃ ca kṛtānnena tilā dhānyena tatsamāḥ ||94||

 

Savoury articles should be bartered for savoury articles, but never salt for another savoury article, — cooked food, for cooked food, and sesamum for corn, in equal quantities. — (94)

 

Medhātithi’s commentary (manubhāṣya):

‘Savoury articles’ — described above — ‘should be buttered for savoury substances .’ That is, one should receive the Āmalakī and other acids after giving, in exchange, sugar and other sweet substances. But in no case should salt be given in exchange for any other ‘savoury substance.’

‘Lavaṇam tilaiḥ’ is another reading; by which the prohibition would be only in regard to the bartering of salt for sesamum only, and not any other substance.

‘Cooked food’ — such as fried flour, cooked rice and so forth — should be bartered for other kinds of ‘cooked food’ — cakes and the like.

‘Sesamum shall be bartered for corns’ — Vrīhi and the rest — ‘in equal quantities.’ That is, given one seer (of sesamum), he shall receive one seer in exchange; more or less shall not be received, through any consideration of relative values.

‘Bartering’ also is regarded as a kind of selling; on the ground that the root to ‘sell,’ ‘ Kṛṛ (?)’is found mentioned among the roots signifying the act of ‘exchanging.’

This however is not right. Because Gautama has indicated the difference between the two, by speaking of ‘selling’ and ‘bartering’ in the same sentence. So that when things are given on the receipt of the rupee or such tokens, it is ‘selling’; and it is ‘bartering’ when one article is received in exchange for another article. — (94)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.39), which adds the following notes: — ‘Kṛtānna’ is cooked food, and this should be exchanged with cooked food; it notes the. reading ‘Kṛtānnañcākṛtannena’, and explains it as ‘cooked food should be exchanged for uncooked rice and other grains’.

It is quoted in Aparārka (p. 933); — in Madanapārijāta (p. 233), which explains ‘nimātavyāḥ’ as ‘should be exchanged’; — in Parāśaramādhava (Ācāra p. 431), which adds that the law laid down regarding the selling of sesamum applies to that of rasas also; — in Saṃskāramayūkha (p. 124); — and in Prāyaścittaviveka (p. 429).

 

Comparative notes by various authors:

Gautama (7.16-23). — ‘But it is permissible to barter one kind of substances used for flavouring for others, and animals. Salt and prepared food must not be bartered, nor sesamum. But for present use, an equal quantity of uncooked food may be exchanged for cooked food. — But if no other course is possible, a Brāhmaṇa may support himself in any way except by following the occupations of a Śūdra. Some people permit even this in case his life is in danger.’

Āpastamba (1.20.14-16 — 1.21.1-4). — ‘The exchange of one of these (above-mentioned goods) for the other is likewise unlawful. But food may be exchanged for food, and slaves for slaves, and condiments for condiments, and perfumes for perfumes and learning for learning. Let him traffic with lawful merchandise which he has not bought, with Muñja grass, Balvaja -g rass, roots and fruits; and with grass and wood which have not been worked up. He shall not be too eager for such livelihood. If he obtains another livelihood, he shall leave off trading.’

Vaśiṣṭha (2.37-39). — ‘Substances used for flavouring may be bartered for other substances of the same kind, be it for one more valuable or for one worth less. But salt must never be exchanged for other substances used for flavouring. It is permitted to barter sesamum, rice, cooked food, learning, and slaves.’

 

 

VERSE 10.95 [Occupation of the Kṣatriya during Abnormal Times]

Section X - Occupation of the Kṣatriya during Abnormal Times

 

जीवेदेतेन राजन्यः सर्वेणाप्यनयं गतः ।
न त्वेव ज्यायंसीं वृत्तिमभिमन्येत कर्हि चित् ॥९५॥

jīvedetena rājanyaḥ sarveṇāpyanayaṃ gataḥ |
na tveva jyāyaṃsīṃ vṛttimabhimanyeta karhi cit ||95||

 

The Kṣatriya, fallen in adverse circumstances, shall subsist by means of all this; but he shall never think of arrogating to himself the higher occupations. — (95)

 

Medhātithi’s commentary (manubhāṣya):

‘By means of all this.’ — This indicates that the selling of the interdicted commodities also is permitted for the Kṣatriya; the meaning being that — as for the Vaiśya so far the Kṣatriya also, there is nothing that should not be sold.

But, even when renouncing his own proper occupation, ‘he shall never think of arrogating to himself the higher occupations’ of the Brāhmaṇa. That is, he should never even entertain the idea of having recourse to them.

‘Adverse circumstances’ — ill-luck; that is distress; ‘fallen in adverse circumstances’ — in distress. — (95)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Apararka (p. 934), which explains ‘jyāyasī vṛtti’ as the ‘functions of the Brāhmaṇa.’

 

Comparative notes by various authors:

(verses 10.95-96)

Nārada (1.5-8). — ‘For neither of those are such occupations permitted as are either far above or far below their own rank.’

Gautama (7.26). — ‘In times of distress, a Kṣatriya may follow the occupations of the Vaiśya.’

Viṣṇu (2.15). — ‘In times of distress, each caste may follow the occupation of that next below it in rank.’

Vaśiṣṭha (2.23). — ‘One shall never adopt the occupation of a higher caste.’

 

 

VERSE 10.96

Section X - Occupation of the Kṣatriya during Abnormal Times

 

यो लोभादधमो जात्या जीवेदुत्कृष्टकर्मभिः ।
तं राजा निर्धनं कृत्वा क्षिप्रमेव प्रवासयेत् ॥९६॥

yo lobhādadhamo jātyā jīvedutkṛṣṭakarmabhiḥ |
taṃ rājā nirdhanaṃ kṛtvā kṣiprameva pravāsayet ||96||

 

If a man of low caste, through greed, subsists by the occupations of his superiors, him the King shall deprive of his property and quickly banish. — (96)

 

Medhātithi’s commentary (manubhāṣya):

‘A man of low caste’ — The Kṣatriya and the rest Though the context deals with the Kṣatriya, yet this verse is meant to be an interdict upon all occupations of the Brāhmaṇa, for all the other castes.

‘Superior’. — It is the Brāhmaṇa alone who is absolutely (not only relatively) ‘superior.’

‘Occupations’. — Teaching and the rest.

If he subsists by these, he should be punished with confiscation of property and banishment. — (96)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 363), which adds the explanation that — ‘if the Vaiśya or other lower castes should have recourse to the modes of living ordained for the higher castes, he should have all his property confiscated and then banished from the kingdom; — and in Vivādacintāmaṇi (Calcutta p. 101).

 

Comparative notes by various authors:

(verses 10.95-96)

See Comparative notes for Verse 10.95.

 

 

VERSE 10.97

Section X - Occupation of the Kṣatriya during Abnormal Times

 

वरं स्वधर्मो विगुणो न पारक्यः स्वनुष्ठितः ।
परधर्मेण जीवन् हि सद्यः पतति जातितः ॥९७॥

varaṃ svadharmo viguṇo na pārakyaḥ svanuṣṭhitaḥ |
paradharmeṇa jīvan hi sadyaḥ patati jātitaḥ ||97||

 

Better one’s own duty imperfectly performed, and not the duty of another performed perfectly; he who subsists by the function of another, instantly falls off from his caste. — (97)

 

Medhātithi’s commentary (manubhāṣya):

This is a deprecatory declamation in support of the foregoing injunction.

If a certain duty has been prescribed for one, in reference to his caste, — even though this be ‘performed imperfectly’ — i.e., incomplete in its details, — it is right to perform that, and not the duty of another man, even though complete in all its details.

In support of this there is the deprecatory declamation — ‘He who subsists, etc., etc.’ — (97)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.41); — in Aparārka (p. 935); — in Madanapārijāta (p. 233), to the effect that even in times of distress it is better for the Brāhmaṇa to stick to his own functions than take to others; — and in Saṃskāramayūkha (p. 123).

 

Comparative notes by various authors:

Vaśiṣṭha (2. 2 2-23). — ‘Those who are unable to live by their own occupation may adopt that of the next inferior caste; but never that of a higher caste.’

Viṣṇu (2.15). — ‘In times of distress, each caste may follow the occupation of that next below it in rank.’

 

 

VERSE 10.98 [The Functions of the Vaiśya in Abnormal Times]

Section XI - The Functions of the Vaiśya in Abnormal Times

 

वैश्योऽजीवन् स्वधर्मेण शूद्रवृत्त्याऽपि वर्तयेत् ।
अनाचरन्नकार्याणि निवर्तेत च शक्तिमान् ॥९८॥

vaiśyo'jīvan svadharmeṇa śūdravṛttyā'pi vartayet |
anācarannakāryāṇi nivarteta ca śaktimān ||98||

 

The Vaiśya, unable to subsist by his own occupations, may subsist by the occupations of the Śūdra, avoiding all improper acts. But he shall desist from them as soon as he is able to do so. — (98)

 

Medhātithi’s commentary (manubhāṣya):

This verse permits the Śūdra’s occupation for the Vaiśya, when ‘unable to subsist by his own occupations’ — such as washing of the feet and so forth.

‘Avoiding all improper acts’ — The sweeping of offals and such acts are ‘improper’; and all this should be avoided.

‘He shall desist as soon as he is able to do so.’ — This is applicable to all.

Some people have remarked that the clear indication of the text is that what is said here is meant to apply to the Brāhmaṇa and the Kṣatriya also.

And in regard to this another party raises the question — How can the Brāhmaṇa ever have recourse to the occupations of the Śūdra?

The answer given by the other party is that it has been declared that — ‘High and low are the functions of the two castes; barring the two middle ones, the rest are common to all’. (?)

This however is not right. The text does not mean that the occupations of the Śūdra are permitted for the Brāhmaṇa; the exact meaning of ‘desisting as soon as he is able’ b eing as we have explained it, — that it is applicable to all. — (98)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 233).

 

Comparative notes by various authors:

Vaśiṣṭha (2.22-23). — ‘Those who are unable to live by their own occupation may adopt that of the next inferior caste; but never that of a higher caste.’

Viṣṇu (2.15). — ‘In times of distress, each caste may follow the occupation of that next below it in rank.’

 

 

VERSE 10.99 [Functions of the Śūdra during Abnormal Times]

Section XII - Functions of the Śūdra during Abnormal Times

 

अशक्नुवंस्तु शुश्रूषां शूद्रः कर्तुं द्विजन्मनाम् ।
पुत्रदारात्ययं प्राप्तो जीवेत् कारुककर्मभिः ॥९९॥

aśaknuvaṃstu śuśrūṣāṃ śūdraḥ kartuṃ dvijanmanām |
putradārātyayaṃ prāpto jīvet kārukakarmabhiḥ ||99||

 

The Śūdra, unable to do service for twice-born people, and threatened with danger to his wife and sons, may subsist by the occupations of craftsmen. — (99)

 

Medhātithi’s commentary (manubhāṣya):

‘Craftsmen’ — such as cooks, weavers, and the like; the occupations of these are cooking, weaving and so forth. By these, ‘he may subsist.’

‘Danger to wife and sons’ — i.e., incapability of maintaining them.

This shows that Handicrafts are very low occupations, since even for the Śūdra these have been permitted only when all other property is lost and the man is in dire distress. — (99)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 233).

 

Comparative notes by various authors:

(verses 10.99-100)

Gautama (10.57, 60). — ‘From the higher castes, he shall seek to obtain his livelihood; and he may live by the mechanical arts.’

Viṣṇu (2.14). — ‘For the Śūdra, all branches of art.’

Yājñavalkya (1.120). — ‘For the Śūdra, attending upon the twice-born has been ordained; being unable to maintain himself by that, he shall become a trader; or he shall live by the various arts, always doing what is good for the twice-born.’

[See under 121-122 below.]

 

 

VERSE 10.100

Section XII - Functions of the Śūdra during Abnormal Times

 

यैः कर्मभिः प्रचरितैः शुश्रूष्यन्ते द्विजातयः ।
तानि कारुककर्माणि शिल्पानि विविधानि च ॥१००॥

yaiḥ karmabhiḥ pracaritaiḥ śuśrūṣyante dvijātayaḥ |
tāni kārukakarmāṇi śilpāni vividhāni ca ||100||

 

That is, those occupations of craftsmen and other arts by the performance whereof the twice-born men are best served. — (100)

 

Medhātithi’s commentary (manubhāṣya):

‘Performance’ — doing.

‘Are served’ — benefited.

Those handicrafts which are beneficial to the twice-born people (shall be taken up by the Śūdra).

Though ‘arts’ also are the ‘occupation of craftsmen,’ yet, inasmuch as the two have been separately mentioned, the ‘craftsmen’ meant here should be taken as the carpenter, the wood-cutter and so forth, and their occupations are wood-cutting, carpentry and the like.

‘Arts’ — such as decorating, toilet, painting and so forth. — (100).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3. 35); — and in Madanapārijāta (p. 233), which notes that the verb ‘kurvīta’ means ‘should perform’.

 

Comparative notes by various authors:

(verses 10.99-100)

See Comparative notes for Verse 10.99.

[See under 121-122 below.]

 

 

VERSE 10.101 [The Brāhmaṇa in Times of Distress]

Section XIII - The Brāhmaṇa in Times of Distress

 

वैश्यवृत्तिमनातिष्ठन् ब्राह्मणः स्वे पथि स्थितः ।
अवृत्तिकर्षितः सीदन्निमं धर्मं समाचरेत् ॥१०१॥

vaiśyavṛttimanātiṣṭhan brāhmaṇaḥ sve pathi sthitaḥ |
avṛttikarṣitaḥ sīdannimaṃ dharmaṃ samācaret ||101||

 

If a Brāhmaṇa, distressed through want of livelihood, pines, because resolved to stick to his own path, he does not adopt the occupation of the Vaiśya, — he shall adopt this (following) procedure. — (101)

 

Medhātithi’s commentary (manubhāṣya):

‘Does not adopt’ — i.e., being unwilling to adopt What this means is that, in the event of the Kṣatriya’s occupation being not available, he may have recourse either to the receiving of gifts from wrong persons or to the occupation of the Vaiśya, — both these standing on the same footing; the occupation of the Kṣatriya however would be superior to the receiving of improper gifts.

Or, ‘does not adopt the occupation of the Vaiśya’ may also mean — ‘the occupation of the Vaiśya being not available to him.’ In this case, the receiving of improper gifts would be inferior to the occupation of the Vaiśya.

‘Resolved to stick to his own path.’ — This indicates that this sums up all the occupations permitted during times of distress.

‘Distressed through want of livelihood, and Pining’ — i.e., fallen in ruin. — (101)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 233); — in Aparārka (p. 935); — in Smṛtitattva I (p. 353); — in Smṛtitattva II (p. 362); — and in Prāyaścittaviveka (p. 408).

 

Comparative notes by various authors:

(verses 10.101-108)

Gautama (7.4). — ‘In times of distress, it is permissible to offer sacrifices for men of all castes, to teach them and to accept gifts from them.’

Āpastamba (?.18.5-7, 14-15), — ‘In times of distress, if he is unable to keep himself, he may eat food obtained from anybody, after having touched it with gold, or with fire....... In times of distress, even the food of a Śūdra, who lives under one’s protection for the sake of spiritual merit, may be eaten. He may eat it, touching it once with gold or with fire.’

Vaśiṣṭha (27.9). — ‘Through sacrificing for wicked people, through teaching them, through intermarrying with them, or through accepting their gifts, learned Brāhmaṇas do not contract guilt; for a learned Brāhmaṇa resembles fire and the sun.’

Yājñavalkya (3.41). — ‘Agriculture, arts, service, learning, money-lending, cart, hill, attendance, land covered with wood and water, king, alms-begging, — these are the means of livelihood in times of distress.’

 

 

VERSE 10.102

Section XIII - The Brāhmaṇa in Times of Distress

 

सर्वतः प्रतिगृह्णीयाद् ब्राह्मणस्त्वनयं गतः ।
पवित्रं दुष्यतीत्येतद् धर्मतो नोपपद्यते ॥१०२॥

sarvataḥ pratigṛhṇīyād brāhmaṇastvanayaṃ gataḥ |
pavitraṃ duṣyatītyetad dharmato nopapadyate ||102||

 

Fallen into distress, the Brāhmaṇa may receive gifts from all; that anything which is pure should become defiled is not possible under the law. — (102)

 

Medhātithi’s commentary (manubhāṣya):

‘From all’; — i.e., no consideration should be made regarding the castes whose gifts should or should not be accepted.

Here also what is meant is that among gifts from the low, the lower and the lowermost castes, those from the succeeding shall be accepted only when those from the preceding ones are not procurable. Just as the occupation of the Vaiśya is permitted only when that of the Kṣatriya is not available.

‘Pure’ — e.g., the stream of the Gaṅgā. This does not become ‘defiled’ by coming in contact with impure substances, since it has been declared that ‘the river becomes purified by its own flow.’ The same is the case with the Brāhmaṇa also. — (102)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 935); — in Madanapārijāta (p. 233); — in Parāśaramādhava (Prāyaścitta, p. 326); — in Smṛtitattva II (p. 362); — and in Prāyaścittaviveka (p. 409).

 

Comparative notes by various authors:

(verses 10.101-108)

See Comparative notes for Verse 10.101.

 

 

VERSE 10.103

Section XIII - The Brāhmaṇa in Times of Distress

 

नाध्यापनाद् याजनाद् वा गर्हिताद् वा प्रतिग्रहात् ।
दोषो भवति विप्राणां ज्वलनाम्बुसमा हि ते ॥१०३॥

nādhyāpanād yājanād vā garhitād vā pratigrahāt |
doṣo bhavati viprāṇāṃ jvalanāmbusamā hi te ||103||

 

No sin attaches to Brāhmaṇas, either by teaching or by sacrificing for others or by receiving reprehensible gifts; for they are like fire and water. — (103)

 

Medhātithi’s commentary (manubhāṣya):

The preceding verse having permitted the receiving of improper gifts, the present verse permits the teaching and sacrificing (of unqualified persons). The epithet ‘reprehensible’ is applicable both ways, according to the maxim of the ‘Lion’s glance.’

As Fire and Water, so Brāhmaṇas, are everywhere pure. This is the eulogy bestowed on the Brāhmaṇa.

Some people have held the following view: — “If, like the receiving of gifts from improper persons, the Teaching and Sacrificing for improper persons were meant to be permitted, men, those also would have been mentioned in the preceding verse, just as the Receiving of Gifts. As a matter of fact, however, since there is no idea of injunction in the present verse, sin would certainly attach to Brāhmaṇas (for doing these two acts); for the presence of the Present Tense clearly indicates that the text speaks of a settled fact, and, as such, is purely declamatory. Then again, since every injunction has a corresponding declamatory declaration, the mention of Teaching and Sacrificing in a sentence which is syntactically connected with a foregoing injunction, is certainly open to being regarded as declamatory.”

Our opinion however is that when even gifts from improper persons are not available, the Brāhmaṇa may have recourse to the said Teaching and Sacrificing also; since what the text is providing for is the man’s subsistence; and it has been declared that ‘one should maintain himself by some means or the other, excepting of course the heinous crimes.’ And it is only with a view to their being performed that the said acts have been mentioned in the section dealing with ‘Abnormal Times.’ — (103)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 233); — in Aparārka (p. 935); — in Smṛtitattva II (p. 362), which notes that Kullūka Bhaṭṭa explains ‘jvalanāmbusamāḥ’ as ‘like water and fire’; — in Parāśaramādhava (Ācāra, p. 183), which notes that the reading is ‘agarhitāt’; — in Parāśaramādhava (Prāyaścitta p. 326); — and in Prāyaścittaviveka (p. 409).

 

Comparative notes by various authors:

(verses 10.101-108)

See Comparative notes for Verse 10.101.

 

 

VERSE 10.104

Section XIII - The Brāhmaṇa in Times of Distress

 

जीवितात्ययमापन्नो योऽन्नमत्ति ततस्ततः ।
आकाशमिव पङ्केन न स पापेन लिप्यते ॥१०४॥

jīvitātyayamāpanno yo'nnamatti tatastataḥ |
ākāśamiva paṅkena na sa pāpena lipyate ||104||

 

If a man, threatened with loss of life, eats food from stray sources, he does not become tainted with sin, just as Ākāśa is not defiled by mud. — (104)

 

Medhātithi’s commentary (manubhāṣya):

The preceding texts have spoken of receiving gifts from improper persons; the present verse permits the partaking of food defiled by the ownership of low men.

‘From stray sources’ — i.e., irrespectively of the caste and actions of the owner of the food.

The rest is all purely declamatory. — (104)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva I (p. 353); — in Aparārka (p. 935); — in Parāśaramādhava (Prāyasahchitta p. 326); — in Parāśaramādhava (Ācāra p. 183); — in Madanapārijāta (p. 233); — and in Yatidharmasaṅgraha (p. 75).

 

Comparative notes by various authors:

(verses 10.101-108)

See Comparative notes for Verse 10.101.

 

 

VERSE 10.105

Section XIII - The Brāhmaṇa in Times of Distress

 

अजीगर्तः सुतं हन्तुमुपासर्पद् बुभुक्षितः ।
न चालिप्यत पापेन क्षुत्प्रतीकारमाचरन् ॥१०५॥

ajīgartaḥ sutaṃ hantumupāsarpad bubhukṣitaḥ |
na cālipyata pāpena kṣutpratīkāramācaran ||105||

 

Ajīgarta, buffering from hunger, went forward to kill his son; and as he sought a remedy for hunger, he did not become tainted with sin. — (105)

 

Medhātithi’s commentary (manubhāṣya):

‘Ajīgarta’ — The sage of that name — ‘suffering from hunger, went forward to kill his son’ — Sunaḥśepa, and yet he was not regarded as ‘carnivorous.’

The story of Sunaḥśepa occurs in the Ṛgveda; and it is not necessary for us to dilate upon what occurs in the scriptures.

As a matter of fact however, this is a declamatory statement in the form of the assertion of an act done by somebody.

All such passages should be understood to be the same. — (105)

 

Explanatory notes by Ganganath Jha:

See Aitareya Brāhmaṇa 7.13-16.

This verse is quoted in Aparārka (p. 935); — and in Parāśaramādhava (Prāyasahchitta p. 326).

 

Comparative notes by various authors:

(verses 10.101-108)

See Comparative notes for Verse 10.101.

 

 

VERSE 10.106

Section XIII - The Brāhmaṇa in Times of Distress

 

श्वमांसमिच्छनार्तोऽत्तुं धर्माधर्मविचक्षणः ।
प्राणानां परिरक्षार्थं वामदेवो न लिप्तवान् ॥१०६॥

śvamāṃsamicchanārto'ttuṃ dharmādharmavicakṣaṇaḥ |
prāṇānāṃ parirakṣārthaṃ vāmadevo na liptavān ||106||

 

Vāmadeva, expert in the knowledge of right and wrong, when distressed, desired to eat dog’s flesh for saving his life, — and he did not become defiled. — (106)

 

Medhātithi’s commentary (manubhāṣya):

Similarly the sage named ‘Vāmadeva’ — ‘distressed’ — with hunger — ‘desired to eat dog’s flesh.’ — (106)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 326); — and in Aparārka (p. 935).

 

Comparative notes by various authors:

(verses 10.101-108)

See Comparative notes for Verse 10.101.

 

 

VERSE 10.107

Section XIII - The Brāhmaṇa in Times of Distress

 

भरद्वाजः क्षुधार्तस्तु सपुत्रो विजने वने ।
बह्वीर्गाः प्रतिजग्राह वृधोस्तक्ष्णो महातपाः ॥१०७॥

bharadvājaḥ kṣudhārtastu saputro vijane vane |
bahvīrgāḥ pratijagrāha vṛdhostakṣṇo mahātapāḥ ||107||

 

Bharadvāja, a man of great austerities, accepted many cows from the carpenter Vṛdhu, when tormented by hunger, along with his sons, in a lonely forest. — (107)

 

Medhātithi’s commentary (manubhāṣya):

Vṛdhu was a carpenter; a person unfit for receiving gifts from; — from him the sage named Bharadvāja received gifts. — (107)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 935); — and in Parāśaramādhava (Prāyaścitta p. 326).

 

Comparative notes by various authors:

(verses 10.101-108)

See Comparative notes for Verse 10.101.

 

 

VERSE 10.108

Section XIII - The Brāhmaṇa in Times of Distress

 

क्षुधार्तश्चात्तुमभ्यागाद् विश्वामित्रः श्वजाघनीम् ।
चण्डालहस्तादादाय धर्माधर्मविचक्षणः ॥१०८॥

kṣudhārtaścāttumabhyāgād viśvāmitraḥ śvajāghanīm |
caṇḍālahastādādāya dharmādharmavicakṣaṇaḥ ||108||

 

Viśvāmitra, expert in the knowledge of right and wrong, when tormented by hunger, proceeded to eat the haunch of a dog, receiving it from the hands of a Caṇḍāla. — (108)

 

Medhātithi’s commentary (manubhāṣya):

Viśvāmitra is a well-known great sage. On one occasion, when he suffered much from hunger, ‘he proceeded to eat the haunch of a dog, receiving it from the hands of a Carṇḍāla.’

The ‘dog’s haunch’ has been mentioned with a view to show that there is harm in the eating of not only such food as has been defiled, but also of that which is defective by its very nature; — the sense of the verse being that in times of distress one may take even such food as is tainted with all kinds of defects. — (108)

 

Explanatory notes by Ganganath Jha:

See Mahābhārata 12.141.28 etc. seg.

This verse is quoted in Aparārka (p. 935); — in Madanapārijāta (p. 234). which explains ‘śvajāghanī’ as the loins of a dog; — and in Parāśaramadhava (Prāyaścitta p. 326).

 

Comparative notes by various authors:

(verses 10.101-108)

See Comparative notes for Verse 10.101.

 

 

VERSE 10.109

Section XIII - The Brāhmaṇa in Times of Distress

 

प्रतिग्रहाद् याजनाद् वा तथैवाध्यापनादपि ।
प्रतिग्रहः प्रत्यवरः प्रेत्य विप्रस्य गर्हितः ॥१०९॥

pratigrahād yājanād vā tathaivādhyāpanādapi |
pratigrahaḥ pratyavaraḥ pretya viprasya garhitaḥ ||109||

 

Among Receiving of Gifts, Sacrificing and Teaching, the Receiving of Gifts is the meanest, and the most reprehensible for the Brāhmaṇa, in respect of his life after death. — (109)

 

Medhātithi’s commentary (manubhāṣya):

The sense of the verse is that so long as the less reprehensible means of subsistence, in the shape of sacrificing and teaching, are available, the Brāhmaṇa should not have recourse to the receiving of Improper Gifts. — (109)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 935).

 

Comparative notes by various authors:

(verses 10.109-111)

Vaśiṣṭha (20.45-47). — ‘Property received from outcasts, after forming alliances with them, either by teaching the Veda or by marriage, must he relinquished. Let him not associate with such men. It is declared in the Veda that he who has associated with an outcast becomes pure by reciting the Saṃhitā of his Veda, proceeding in the northerly direction, and fasting. They quote also a verse to the effect that a sinner is liberated from guilt by tormenting his body, by austerities, and by reciting the Veda; be becomes free also by bestowing gifts.’

Viṣṇu (54.28). — ‘Those Brāhmaṇas who have acquired property by base acts become free from sin by relinquishing it and by reciting Veda-texts and practising austerities.’

Āpastamba (1.28, 11-12). — ‘Enjoyments taken unrighteously one shall give up; be shall say — “I and sin do not dwell together.” Clothing himself with a garment reaching from the navel down to the knee, bathing daily, morn, noon and evening, eating food which contains neither milk nor pungent condiments, nor salt, he shall not enter a house for twelve years. After that, he may be taken as purified.’

[See 11.194.]

 

 

VERSE 10.110

Section XIII - The Brāhmaṇa in Times of Distress

 

याजनाध्यापने नित्यं क्रियेते संस्कृतात्मनाम् ।
प्रतिग्रहस्तु क्रियते शूद्रादप्यन्त्यजन्मनः ॥११०॥

yājanādhyāpane nityaṃ kriyete saṃskṛtātmanām |
pratigrahastu kriyate śūdrādapyantyajanmanaḥ ||110||

 

As for Teachng and Sacrificing, these are done always for only such men as have received the sacraments; while the Receiving of Gifts may be done even from the lowest-born Śūdra. — (110)

 

Medhātithi’s commentary (manubhāṣya):

This verse sets forth a declamatory statement, in the form of an argument in support of what has gone before.

The very nature of men is such that persons not initiated do not study the Veda, and do not perform sacrifices; so that in times of distress, the Brāhmaṇa might very well teach and sacrifice for the Śūdra. As for gifts on the other hand, it is well known that it may be received from all castes; so that it is quite possible to receive it from a Śūdra [so that it is more easily procurable]. It is for this reason that the receiving of improper gifts (from wrong sources, outside the four castes) is the meanest of all. — (110)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 936); — and in Prāyaścittaviveka (p. 408).

 

Comparative notes by various authors:

(verses 10.109-111)

See Comparative notes for Verse 10.109.

[See 11.194.]

 

 

VERSE 10.111

Section XIII - The Brāhmaṇa in Times of Distress

 

जपहोमैरपेत्येनो याजनाध्यापनैः कृतम् ।
प्रतिग्रहनिमित्तं तु त्यागेन तपसैव च ॥१११॥

japahomairapetyeno yājanādhyāpanaiḥ kṛtam |
pratigrahanimittaṃ tu tyāgena tapasaiva ca ||111||

 

By the muttering of sacred texts and by the offering of libations is the guilt incurred by teaching and sacrificing removed; while that incurred by receiving gifts is removed only by renouncing them and by austerities. — (111)

 

Medhātithi’s commentary (manubhāṣya):

‘The guilt is removed’ — destroyed — ‘by the muttering of sacred texts and by the offering of libations.’ Hence there is not much harm in this.

But the guilt incurred in the receiving of gifts is removed only by the ‘renouncing’ — of the gifts — and ‘by austerities’ — laid down later on, under 11.195. — (111)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 936); — in Mitākṣarā (3.35); — and in Prāyaścittaviveka (p. 404).

 

Comparative notes by various authors:

(verses 10.109-111)

See Comparative notes for Verse 10.109.

[See 11.194.]

 

 

VERSE 10.112

Section XIII - The Brāhmaṇa in Times of Distress

 

शिलौञ्छमप्याददीत विप्रोऽजीवन् यतस्ततः ।
प्रतिग्रहात् शिलः श्रेयांस्ततोऽप्युञ्छः प्रशस्यते ॥११२॥

śilauñchamapyādadīta vipro'jīvan yatastataḥ |
pratigrahāt śilaḥ śreyāṃstato'pyuñchaḥ praśasyate ||112||

 

The Brāhmaṇa, unable to maintain himself, may take to gleaning ears of corn and picking up grains, even from stray places. Gleaning ears of corn is better than receiving gifts; and better even than picking up of grains. — (112)

 

Medhātithi’s commentary (manubhāṣya):

The reiteration of this also is stated in the form of a declamatory statement.

In reality the taking of something belonging to another is very wrong; but some form of it may be less wrong than another. Thus both the receiving of gifts and the gleaning of ears of corn, belonging to the same category (of taking what belongs to another), the latter is said to be ‘better’ than the former. It is only between two bad things belonging to the same category that one is regarded as the ‘better’ of the two; no one says that ‘the Brāhmaṇa is better than the Caṇḍāla.’ Thus then even though the gleaning of ears and picking of grains also involve the taking of what belongs to another, yet these are ‘better.’

Though living by ‘gleaning ears’ and ‘picking grains’ has been described as the best form of living, yet it does bear some resemblance to the ‘receiving of gifts.’ So that in the case of both these — ‘gleaning ears’ and ‘receiving gifts’ — one should exercise a certain amount of check over himself. Thus it is that living by ‘gleaning ears’ and ‘picking grains’ also is not entirely free from blame; hence it is that we have the declaration that — ‘gleaning ears is better than receiving gifts.’ — (112)

 

 

VERSE 10.113

Section XIII - The Brāhmaṇa in Times of Distress

 

सीदद्भिः कुप्यमिच्छद्भिर्धने वा पृथिवीपतिः ।
याच्यः स्यात् स्नातकैर्विप्रैरदित्संस्त्यागमर्हति ॥११३॥

sīdadbhiḥ kupyamicchadbhirdhane vā pṛthivīpatiḥ |
yācyaḥ syāt snātakairviprairaditsaṃstyāgamarhati ||113||

 

If Brāhmaṇas, who have completed their study, suffer privation, or seek to obtain wealth and riches, they may beg of the king; and if he be unwilling to give, he should be given up. — (113)

 

Medhātithi’s commentary (manubhāṣya):

This verse lays down three occasions on which one may accept gifts from the king.

(1) ‘Suffering privation’ — i.e., in times of distress, being threatened with the possibility of the whole family perishing.

(2) ‘Seeking to obtain wealth’ — in the shape of ear-rings, bracelets, turbans, seats, gold, etc.

(3) ‘Seeking to obtain riches’ — cattle, gold and other tilings necessary for sacrificial performances.

Under these conditions Brāhmaṇas may beg of the ‘king’ — the sovereign of their country.

The prohibition contained above in 4.84 — ‘He shall not receive gifts from the king’ — must be taken as referring to a wicked king, — it being added, ‘of one who is avaricious and behaves against the law.’ — (‘87).

‘Unwilling to give,’ — if on being begged, he be not willing to give what is wanted, — ‘he should be given up’ — the Brāhmaṇas should cease to live in his kingdom.

Or ‘giving up’ may mean loss; and as nothing else is mentioned, it must mean the ‘loss’ of merit on the part of the king. — (113)

 

Explanatory notes by Ganganath Jha:

Cf. 4.84, which is rescinded by this verse, according to Govindarāja and Kullūka.

‘Kupyam’. — ‘Pots, kettles, wooden stools, and the like’ (Medhātithi); — ‘Beds and seats and such articles of small value’ (Govindarāja); — ‘also grain and clothes’ (Kullūka, Rāghavānanda and Nandana); — ‘Brass, copper and other common metals’ (Nārāyaṇa).

 

‘Tyāgamarhati’. — ‘The realm of such a king should be abandoned by the Brāhmaṇas’ (Medhātithi, Govindarāja, Nārāyaṇa and Rāghavānanda); — ‘such a king is to be excluded from teaching and sacrifices’ (Nandana); — ‘must be left to himself, i.e., not asked again’ (Kullūka).

 

Comparative notes by various authors:

(verses 10.113-114)

[See 4.84 et seq.]

Vaśiṣṭha (12.2-3). — ‘The Accomplished Student shall not beg from any body except from the King and a pupil. But he may ask from any body, if pressed by hunger, for some small gift, such as cultivated or uncultivated field, a cow, a goat or a sheep or, at the last extremity, for gold, grain or food.’

Yājñavalkya (3.42), — ‘When he has remained hungry for three days, he may take grains from a non-Brāhmaṇa, and if accused of it, he should rightly state the truth.’

 

 

VERSE 10.114

Section XIII - The Brāhmaṇa in Times of Distress

 

अकृतं च कृतात् क्षेत्राद् गौरजाविकमेव च ।
हिरण्यं धान्यमन्नं च पूर्वं पूर्वमदोषवत् ॥११४॥

akṛtaṃ ca kṛtāt kṣetrād gaurajāvikameva ca |
hiraṇyaṃ dhānyamannaṃ ca pūrvaṃ pūrvamadoṣavat ||114||

 

Uncultivated land is less reprehensible than cultivated land; and among cows, goats, sheep, gold, grains, and food each preceding one is less reprehensible than the succeeding. — (114)

 

Medhātithi’s commentary (manubhāṣya):

‘Uncultivated’ — Untilled — land is better.

Between ‘goats’ and ‘sheep’ also there is a difference.

The verse is apparently one the sense of which has been already explained. — (114)

 

Comparative notes by various authors:

(verses 10.113-114)

[See 4.84 et seq.]

See Comparative notes for Verse 10.113.

 

 

VERSE 10.115 [Sources of Income (vittāgama)]

Section XIV - Sources of Income (vittāgama)

 

सप्त वित्तागमा धर्म्या दायो लाभः क्रयो जयः ।
प्रयोगः कर्मयोगश्च सत्प्रतिग्रह एव च ॥११५॥

sapta vittāgamā dharmyā dāyo lābhaḥ krayo jayaḥ |
prayogaḥ karmayogaśca satpratigraha eva ca ||115||

 

There are seven lawful sources of income: inheritance, acquisition, purchase, conquest, investment, industry and receiving of proper gifts. — (115)

 

Medhātithi’s commentary (manubhāṣya):

‘Inheritance’ — Hereditary property.

‘Acquisition’ — of buried treasure and such things; or the share that one obtains out of the property acquired by his father and other relations. Though this also would be inherited from the father, yet it cannot be spoken of as ‘inheritance,’ because it belongs in common to many persons. This is why we find in another Smṛti the declaration regarding ‘property assigned for maintenance’ (Yājñavalkya, 2.121). Or ‘acquisition’ may stand for those loving presents that one receives from his friends, or from his father-in-law.

‘Purchase.’ — This is well known.

‘Conquest’ — in battle.

‘Investment and Industry’ — Money-lending and trade. The legality of these is in accordance with the caste of the person concerned. The first three of them are common to all; Conquest is for the Kṣatriya only; Investment and Industry for the Vaiśya only; and Receiving of proper gifts for the Brāhmaṇa only. All this distinction is based upon theories and arguments already set forth above.

Some people object to ‘Purchase’ (being a source of income).

But this is not right. As it it were not lawful, all transactions would come to an end.

Some people hold that ‘Conquest’ refers to gambling-stakes only, and as such pertains to all castes.

This also is not right; since another Smṛti has clearly declared that wealth acquired by gambling is ‘impure’; specially where Pāraskara speaks of Gambling.

Similarly some people explain ‘prayoga’ as meaning action, on the ground of such usage as ‘jñānapūrvakaḥ prayogaḥ,’ ‘action preceded by knowledge,’ — where the word prayoga’ is used in the sense of action. On the same analogy ‘karmaprayoga’ will mean the employment of action. — (115)

 

Explanatory notes by Ganganath Jha:

‘Lābhaḥ’. — ‘Friendly present’ (Medhātithi, Govindaraja and Kullūka); — ‘acquisition of treasure-trove’ (Nārāyaṇa and Nandana).

‘Jayaḥ’. — ‘Conquest in war’ (Medhātithi); — ‘winning law-suits’ (Nandana).

‘Prayogaḥ.’ — ‘Money-lending,’ (Medhātithi); — ‘Teaching’ (bandana).

‘Karmayogaḥ.’ — ‘Trade and agriculture’ (Medhātithi); — ‘Sacrificing for others’ (Nandana).

This verse is quoted in Parāśaramādhava (Ācāra, p. 309), which adds the following explanations: — ‘Āyaḥ (Dāyaḥ?)’, ancestral property, — ‘lābhaḥ,’ finding of a treasure-trove; — inheriting ancestral property, finding of treasure-trove and purchase are for all the four castes, ‘conquest’ is for the Kṣatriya alone, — ‘prayoga’ is lending money on interest, — and ‘karmayoga’ is trade and agriculture; — these two are for the Vaiśya only; — and ‘acceptance of gifts from righteous persons’ is for the Brāhmaṇa only.

It is quoted in Parāśaramādhava (Vyavahāra, p. 330); — in Smṛtitattva II (p. 350), which adds the following notes: — ‘Dāya’ is inheritance of ancestral property, — ‘lābha’ is finding of treasure-trove and such tilings, — ‘jaya’ is conquest of war, — ‘prayoga’ is money-lending, — ‘karmayoga’ is trade, agriculture, sons and daughters; — in Vidhānapārijāta II (p. 245); — in Mitākṣarā (2.113); — in Hemādri (Śrāddha, p. 525); — in Hemādri (Dāna, p. 41), which explains ‘prayoga’ as ‘monetary transaction for earning interest,’ and ‘karmayoga’ as ‘officiating as priests at sacrifices’; — and in Nṛsiṃhaprasāda (Āhnika 37a).

 

Comparative notes by various authors:

Gautama (10.39-42). — ‘A man becomes an owner by inheritance, purchase, partition, seizure or finding; acceptance of gift is an additional mode of acquisition for the Brāhmaṇa; conquest for the Kṣatriya; and gain by labour for the Vaiśya and the Śūdra.’

Arthaśāstra (II. p. 97). — ‘In places where conditions are unsettled, undisturbed possession is the basis for ownership.’

 

 

VERSE 10.116

Section XIV - Sources of Income (vittāgama)

 

विद्या शिल्पं भृतिः सेवा गोरक्ष्यं विपणिः कृषिः ।
धृतिर्भैक्षं कुसीदं च दश जीवनहेतवः ॥११६॥

vidyā śilpaṃ bhṛtiḥ sevā gorakṣyaṃ vipaṇiḥ kṛṣiḥ |
dhṛtirbhaikṣaṃ kusīdaṃ ca daśa jīvanahetavaḥ ||116||

 

Learning, handicrafts, working on hire, service, cattle-tending, trade, agriculture, contentment, begging and money-lending, — these are the ten means of livelihood. — (116)

 

Medhātithi’s commentary (manubhāṣya):

This verse sets forth the means of livelihood for all men, during times of distress.

‘Learning’ — here stands for sciences other than the Veda; such, for instance, as Medicine, Logic, Physics, Toxicology and so forth, — all which are not reprehensible, when used as a means of livelihood.

‘Handicraft.’ — This has been already explained.

‘Working on hire’ — as a servant

‘Service’ — acting according to the wishes of another person.

‘Contentment’ — This has been added only by way of illustration.

The meaning of this verse is that in the absence of the particular means of livelihood specifically assigned to each caste, these ten means are open to all men. — (116)

 

Explanatory notes by Ganganath Jha:

“Govindarāja thinks that teaching for a stipulated fee is also permissible under this rule.” — Buhler.

This verse is quoted in Aparārka (p. 936); — and in Mitākṣarā (3.42), both of which read ‘giriḥ’ for ‘dhṛtiḥ;’ ‘giriḥ’ is explained by Nandana as ‘selling of fruits and roots growing on hills.’

 

Comparative notes by various authors:

Yājñavalkya (3.41). — ‘Agriculture, mechanical arts, work for wages, learning, money-lending on interest, cart, hill, service, forest-land, King and begging alms — these are the means of livelihood in times of distress.’

Hārīta (Aparārka, p. 937). — ‘In times of distress, agriculture may be undertaken.’

 

 

VERSE 10.117

Section XIV - Sources of Income (vittāgama)

 

ब्राह्मणः क्षत्रियो वाऽपि वृद्धिं नैव प्रयोजयेत् ।
कामं तु खलु धर्मार्थं दद्यात् पापीयसेऽल्पिकाम् ॥११७॥

brāhmaṇaḥ kṣatriyo vā'pi vṛddhiṃ naiva prayojayet |
kāmaṃ tu khalu dharmārthaṃ dadyāt pāpīyase'lpikām ||117||

 

The Brāhmaṇa or the Kṣatriya must not lend money on interest; but he may advance a little to unrighteous men for sacred purposes. — (117)

 

Medhātithi’s commentary (manubhāṣya):

‘For sacred purposes’ — This implies that what is here permitted refers to livelihood in abnormal times.

‘To unrighteous men’ — This shows that from the righteous man no interest shall be taken.

What has been said regarding ‘Agriculture, Trade and Money-lending being equal to Teaching’ pertains to abnormal times. — (117)

 

Comparative notes by various authors:

Vaśiṣṭha (2.40-44). — ‘A Brāhmaṇa and Kṣatriya shall lend money like usurers. They quote the following — “He who, acquiring property cheap, gives it for a high price, is called a usurer and blamed among those who recite the Veda. Brahmā weighed in the scales the crime of killing a learned Brāhmaṇa against the crime of usury and the slayer of the Brāhmaṇa went upwards.” — They may lend gold, at pleasure, to a person who entirely neglects his sacred duties and is exceedingly wicked, — taking double its value on repayment, — and grain, trebling the original price.’

 

 

VERSE 10.118

Section XIV - Sources of Income (vittāgama)

 

चतुर्थमाददानोऽपि क्षत्रियो भागमापदि ।
प्रजा रक्षन् परं शक्त्या किल्बिषात् प्रतिमुच्यते ॥११८॥

caturthamādadāno'pi kṣatriyo bhāgamāpadi |
prajā rakṣan paraṃ śaktyā kilbiṣāt pratimucyate ||118||

 

The Kṣatriya, who, in times of distress, takes the fourth fart, becomes freed from sin, if he protects the people to the best of his ability. — (118)

 

Medhātithi’s commentary (manubhāṣya):

This verse permits the King’s receiving of the fourth part (of the land-produce), instead of the sixth usually taken, when his treasury has become depleted. The rest of it is purely declamatory.

‘To the best of his ability’ — This is an adverb; the meaning being to the best of his power. — (118)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 263).

 

Comparative notes by various authors:

[See texts under 7.130 et seq.]

 

 

VERSE 10.119

Section XIV - Sources of Income (vittāgama)

 

स्वधर्मो विजयस्तस्य नाहवे स्यात् पराङ्मुखः ।
शस्त्रेण वैश्यान् रक्षित्वा धर्म्यमाहारयेद् बलिम् ॥११९॥

svadharmo vijayastasya nāhave syāt parāṅmukhaḥ |
śastreṇa vaiśyān rakṣitvā dharmyamāhārayed balim ||119||

 

Conquest is his peculiar duty; and he should never turn back in danger; he shall realise the legal tax from the Vaiśya, after protecting the people; — (119)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘Conquest’ should be taken here to mean that which leads to conquest ( ), which is laid down as the duty of the Kṣatriya.

‘He shall not turn back in danger’ — Whenever any danger comes ahead, he shall not turn his back in battle.

In this manner, ‘having protected’ the people, ‘he shall realise the tax from the Vaiśya.’ As a rule Vaiśyas are very wealthy; hence people realising taxes from them, if they are found to behave improperly, are not punished. — (119)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti p. 263).

 

Comparative notes by various authors:

[See texts under 7.88.]

Gautama (12.16, 41). — ‘To stand firm in battle and not turn back (is the duty of the Kṣatriya). — Conquest is a means of livelihood for the Kṣatriya,’

 

 

VERSE 10.120

Section XIV - Sources of Income (vittāgama)

 

धान्येऽष्टमं विशां शुल्कं विंशं कार्षापणावरम् ।
कर्मोपकरणाः शूद्राः कारवः शिल्पिनस्तथा ॥१२०॥

dhānye'ṣṭamaṃ viśāṃ śulkaṃ viṃśaṃ kārṣāpaṇāvaram |
karmopakaraṇāḥ śūdrāḥ kāravaḥ śilpinastathā ||120||

 

From the people the tax on grains shall be one-eighth, and one-twentieth (on gold), with the minimum of one ‘Kārṣāpaṇa’; Śūdras, craftsmen and artisans discharge their dues by work. — (120)

 

Medhātithi’s commentary (manubhāṣya):

Those dealing in grains should be made to pay one-eighth part of their profits.

The term ‘viṭ’ here stands for the people.

For those dealing in gold, the tax is one-twentieth part of their profits.

‘Śūdras discharge their dues by work.’ — They should not be made to pay any taxes. So also craftsmen and artisans. With regard to them it has been laid down (in 7.138) that ‘they shall work for the king one day every month’; and the present text permits the taking of more work from them in abnormal times. — (120)

 

Explanatory notes by Ganganath Jha:

“According to Medhātithi, the first line refers to the profits of subjects dealing in corn or in gold. From the former the king may take, in times of distress, one-eighth, and from the latter one-twentieth; the second line indicates that artisans who, according to verse 7.138, in ordinary times, furnish one piece of work in each month, may be made to work more for the king. — According to Govindarāja and Kullūka, husband-men shall give from the increments on grain one-eighth (instead of one-twelfth, and in the direst distress one-fourth, according to verse 118), from all increments on gold and so forth amounting to more than a Kārṣāpaṇa, one-twentieth, instead of one-fiftieth, as prescribed above, 7.130. — Nārāyaṇa says that the tax on grain is to be one-fourth in the case of Śūdras, and one-eighth in the case of Vaiśyas, that the tax on every thing else is to be at least one Kārṣāpaṇa ‘in twenty,’ and that artisans who work for wages shall pay the same rate.” — Buhler.

This verse is quoted in Vīramitrodaya (Rājanīti, p. 263), which adds that the verb ‘dadyuḥ’ is to be supplied.

 

Comparative notes by various authors:

[See under 7.130, and 8.398 et seq.]

Vaśiṣṭha (12.37). — ‘They quote a verse proclaimed by Manu referring to duties and taxes — “No duty is paid on a sum less than a Kārṣāpaṇa; there is no tax on livelihood gained by art; nor on an infant, nor on a messenger, nor on what has been received as alms, nor on the remnants of property left after robbery, nor on a Śrotriya, nor on an ascetic, nor on a sacrifice.”’

 

 

VERSE 10.121

Section XIV - Sources of Income (vittāgama)

 

शूद्रस्तु वृत्तिमाकाङ्क्षन् क्षत्रमाराधयेद् यदि ।
धनिनं वाऽप्युपाराध्य वैश्यं शूद्रो जिजीविषेत् ॥१२१॥

śūdrastu vṛttimākāṅkṣan kṣatramārādhayed yadi |
dhaninaṃ vā'pyupārādhya vaiśyaṃ śūdro jijīviṣet ||121||

 

The Śūdra, seeking a livelihood, may serve the Kṣatriya; or the Śūdra may seek to subsist by serving a wealthy Vaiśya. — (121)

 

Medhātithi’s commentary (manubhāṣya):

If the Śūdra be in want of a livelihood, he may serve the Kṣatriya. This means that the serving of the Kṣatriya will serve only as a means of subsistence, and will not bring any merit; which means that the serving of a Brāhmaṇa accomplishes both purposes.

 

Similarly he may make a living by serving a wealthy Vaiśya. — (121)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 161).

 

Comparative notes by various authors:

(verses 10.121-122)

[See under 99 above.]

Gautama (10.56). — ‘Serving the higher castes (is the duty of the Śūdra).’

Yājñavalkya (1.120). — ‘Attending on the twice-born is the occupation for the Śūdra; not gaining a living by that means, he shall become a trader, or live by means of the various arts, always working for the welfare of the twice-born.’

 

 

VERSE 10.122

Section XIV - Sources of Income (vittāgama)

 

स्वर्गार्थमुभयार्थं वा विप्रानाराधयेत् तु सः ।
जातब्राह्मणशब्दस्य सा ह्यस्य कृतकृत्यता ॥१२२॥

svargārthamubhayārthaṃ vā viprānārādhayet tu saḥ |
jātabrāhmaṇaśabdasya sā hyasya kṛtakṛtyatā ||122||

 

He shall serve Brāhmaṇas either for the sake of heaven, or for the sake of both; when, he has attained the title of the ‘Brāhmaṇa,’ this implies the accomplishment of all his purposes. — (122)

 

Medhātithi’s commentary (manubhāṣya):

The sense is that he shall serve Brāhmaṇas.

‘When he has attained the title of the Brāhmaṇa,’ — i.e., when, on account of his connection with the Brāhmaṇa, that title becomes applied to him; — then he should be regarded as having all his ends accomplished.

Or, the meaning may be, ‘when he has come to be known as related to the Brāhmaṇa.’ — (122)

 

Comparative notes by various authors:

(verses 10.121-122)

[See under 99 above.]

See Comparative notes for Verse 10.121.

 

 

VERSE 10.123

Section XIV - Sources of Income (vittāgama)

 

विप्रसेवैव शूद्रस्य विशिष्टं कर्म कीर्त्यते ।
यदतोऽन्यद् हि कुरुते तद् भवत्यस्य निष्फलम् ॥१२३॥

viprasevaiva śūdrasya viśiṣṭaṃ karma kīrtyate |
yadato'nyad hi kurute tad bhavatyasya niṣphalam ||123||

 

The service of the Brāhmaṇa is described as the distinctive duty of the Śūdra; everything else that he does is fruitless for him. — (123)

 

Medhātithi’s commentary (manubhāṣya):

The serving of the Brāhmaṇas is the chief duty for the Śūdra.

Hence ‘everything else’ — in the shape of observances and fasts — ‘that he does is fruitless for him.’

This should not be understood to be the prohibition of such acts as making gifts, offering the ‘Pākayajñas’ and so forth; since all these have been distinctly enjoined for him. In fact this prohibition of ‘everything else’ is only meant to indicate the importance of ‘serving Brāhmaṇas.’ — (123)

 

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Aparārka (p. 161); — in Mitākṣarā (1.120); — and the whole verse in Parāśaramādhava (Ācāra p. 421), to the effect that the highest duty of the Śūdra is saving the Brāhmaṇa, that of the Kṣatriya and the Vaiśya being meant only as a means of livelihood; — in Vidhānapārijāta II (p. 728); — in Saṃskāramayūkha (p. 126); — and in Vīramitrodaya (Paribhāṣā, p. 46), which explains ‘viśiṣṭam’ as ‘excellent,’ as conducive to both merit and livelihood, and ‘niṣphalam’ as ‘very little effective,’ as conducive to livelihood only.

 

Comparative notes by various authors:

Mahābhārata (Aparārka, p. 162). — ‘The Brāhmaṇa shall he served by the Śūdra from a distance, like the fire.’

Gautama (10.61). — ‘The Ārya, under whose protection the Śūdra places himself, should support him, even if he becomes unable to work.’

 

 

VERSE 10.124

Section XIV - Sources of Income (vittāgama)

 

प्रकल्प्या तस्य तैर्वृत्तिः स्वकुटुम्बाद् यथार्हतः ।
शक्तिं चावेक्ष्य दाक्ष्यं च भृत्यानां च परिग्रहम् ॥१२४॥

prakalpyā tasya tairvṛttiḥ svakuṭumbād yathārhataḥ |
śaktiṃ cāvekṣya dākṣyaṃ ca bhṛtyānāṃ ca parigraham ||124||

 

They should provide out of their family, a suitable maintenance for him, after considering his own capacity, and the man’s skill and the burden of persons to be supported by him. — (124)

 

Medhātithi’s commentary (manubhāṣya):

What is here laid down is the duty of the twice-born men (who engage Śūdras). When the Śūdra is serving them, they should provide for his maintenance, ‘out of their,family’; — that is, he should be looked after like a son.

‘Having considered’ his own ‘capacity,’ as also, the man’s ‘skill’ — application to work, and ‘the burden of persons to be supported by him,’ — i.e., his wife and children, they shall take into consideration all the persons to be supported by him, and make provision for the maintenance of all these. — (124)

Last Updated: 16 February, 2018

 

 

VERSE 10.125

Section XIV - Sources of Income (vittāgama)

 

उच्छिष्टमन्नं दातव्यं जीर्णानि वसनानि च ।
पुलाकाश्चैव धान्यानां जीर्णाश्चैव परिच्छदाः ॥१२५॥

ucchiṣṭamannaṃ dātavyaṃ jīrṇāni vasanāni ca |
pulākāścaiva dhānyānāṃ jīrṇāścaiva paricchadāḥ ||125||

 

Remnants of food and worn-out clothes shall be given to him; as also the grain-refuse and old furniture. — (125)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of the word ‘remnant of food’ has been already explained. The food left after the feeding of guests and others should be given to the Śūdra servant.

Similarly ‘worn-out clothes’ — after they have been washed white; ‘grain refuse’ — the seedless chaffs, and ‘furniture’ — beds and seats. — (125)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Varṣakriyākaumudī (p. 571), which explains ‘pulākāḥ’ as ‘chaff,’ — ‘paricchadāḥ’ as ‘umbrellas, beddings and so forth,’ — and adds that the intention appears to he that all this should be given to such Śūdras as are one’s servants.

 

Comparative notes by various authors:

Gautama (10.58-59). — ‘The Śūdra shall use their cast off shoes, umbrellas, garments, and sitting mats; and shall eat the remnants of their food.’

 

 

VERSE 10.126

Section XIV - Sources of Income (vittāgama)

 

न शूद्रे पातकं किं चिन्न च संस्कारमर्हति ।
नास्याधिकारो धर्मेऽस्ति न धर्मात् प्रतिषेधनम् ॥१२६॥

na śūdre pātakaṃ kiṃ cinna ca saṃskāramarhati |
nāsyādhikāro dharme'sti na dharmāt pratiṣedhanam ||126||

 

For the Śūdra there is no sin; nor is he worthy of any sacraments; he is not entitled to any sacred rites; but there is no prohibition against sacred rites. — (126)

 

Medhātithi’s commentary (manubhāṣya):

The whole of this verse is purely reiterative.

Whatever is not directly forbidden for the Śūdra by actual name, — e.g., such acts as injuring living things, stealing, lying, and so forth, which form the subject-matter of general prohibitions (without reference to any particular castes), — by doing these the Śūdra does not incur sin. Guilt does accrue to him in the case of acts that are expressly prohibited for him, — such acts, for instance, as injuring, stealing and so forth.

‘He is not worthy of sacraments’ — such as Initiation and the like; all which have been prescribed for the ‘three twice-born castes.’

Similarly, ‘he is not entitled to the sacred rites’; — that is, such acts as bathing, fasting and worshipping of deities are not enjoined as his compulsory duties; and hence the omission of these does not involve sin.

‘There is no prohibition against sacred rites’ — Even with regard to bathing, fasting and such acts, which are not among his compulsory duties, and the omission whereof does not involve sin, — there is no absolute prohibition; i.e., the performance of such acts is not actually forbidden to him. So that if he does perforin them, it is conducive to his welfare; this on the analogy of the principle that ‘avoidance is conducive to great results.’

Similarly his not eating garlic and such things should also be understood to be conducive to welfare; as the law ‘avoidance is conducive to great results’ is meant to be of universal application.

This is what is meant by the words that ‘there is no prohibition against sacred rites’

If the man does perform the acts — (what should be done is laid down in the following verse). — (126)

 

Explanatory notes by Ganganath Jha:

‘Na pātakam’ — ‘no sin, in eating garlic and other forbidden vegetables and fruits’ (Govindarāja and Kullūka), — ‘in keeping a slaughter-house’ (Rāghavānanda),

This verse is quoted in Vīramitrodaya (Saṃskāra p. 134); — and in Nirṇayasindhu (p. 235).

 

Comparative notes by various authors:

(verses 10.126-127)

Gautama (10.64-65). — ‘If permission has been given to him, the Śūdra may use the syllable namaḥ as his mantra. Some people declare that he may himself offer the Pākayajñas.’

Yājñavalkya (1.121). — ‘Devoted to his wife, pure, supporting his dependants, devoted to the performance of śrāddha, he should not omit to perform the fire sacrifices with the syllable namaḥ as his mantra.’

 

 

VERSE 10.127

Section XIV - Sources of Income (vittāgama)

 

धर्मैप्सवस्तु धर्मज्ञाः सतां वृत्तमनुष्ठिताः ।
मन्त्रवर्ज्यं न दुष्यन्ति प्रशंसां प्राप्नुवन्ति च ॥१२७॥

dharmaipsavastu dharmajñāḥ satāṃ vṛttamanuṣṭhitāḥ |
mantravarjyaṃ na duṣyanti praśaṃsāṃ prāpnuvanti ca ||127||

 

If those who, knowing their duty, and wishing to acquire merit, imitate the practices of righteous men, with the exception of reciting the sacred texts, they incur no guilt; they obtain praise. — (127)

 

Medhātithi’s commentary (manubhāṣya):

This is what the text proceeds to point out.

‘Desiring to acquire merit’ — seeking for spiritual welfare.

‘Imitate the practice of righteous men’ — betake themselves to the performance of acts done by good men; — ‘with the exception of reciting sacred texts’ — ‘they incur no guilt.’ That is to say, they do not incur any guilt, if they perform such acts as fasting for a day, worshipping of gods, bowing to elders and Brāhmaṇas — all which are done by good men; in fact ‘they obtain praise’ — as the distinct result of their act.

It will not be right to entertain the following notion — “the Śūdra incurs no guilt if he performs, without reciting the sacred texts, the Darśa-pūrṇamāsa and other rites, which are performed by twice-born men with the sacred texts.” Because these acts having been prescribed as to be done with sacred texts, if they are done without these texts, this would be distinctly contrary to the scriptures.

The exact significance of the phrase ‘with the exception of inciting the sacred texts’ has been already explained.

Says the revered Vyāsa — ‘It is certain that the Śūdra does not become an outcast, nor is he worthy of sacraments; he is not entitled to the sacred rites prescribed in the Smṛtis; nor is any prohibition laid down against the sacred rites.

This also is only reiterative of what has been enjoined elsewhere.

The Śūdra does not become an outcast by eating garlic or drinking wine.

What is meant by his being ‘not worthy of sacraments’ has been already explained. It has been pointed out that, inasmuch as the Initiatory Rite has not been performed for him, the performance of the Śrauta rites is not open to him; but there is no prohibition against his performing those rites that are prescribed in the Smṛtis as to be performed by all men. To this end we have other Smṛti texts — ‘He shall perform the Pākayajña rites’ (Gautama, 4.65), — ‘Salutation also, without sacred texts, is permitted for him’ (Ibid. 4.64).

Some people have remarked that — “the Śūdra is only partially entitled to the performance of such rites as the Āvasathyādhāna (the kindling of the Household Fire), the Pārvaṇa, the Vaiśvadeva, the Pākayajña and so forth.”

But we do not understand what these men mean. By the Gṛhya-writers the Āvasathyādhāna has been prescribed distinctly for the three higher castes; by manu and other Smṛti-writers it has not been prescribed at all; all that they say is — ‘they should perform the Gṛhya rites in the marriage-fire’ (Manu, 3.67). So being nowhere laid down, whence could there be any such ādhāna for the Śūdra? If it be held that the rite of kindling fire is implied by the injunction of the Pākayajña rites, — this also is not possible; since the Vaiśvadeva offerings (of the Pākayajña) could be done in the ordinary fire. In fact in all these matters, we have to accept only what is distinctly laid down in the texts, and it is not right to draw inferences. All this has been explained in connection with the term ‘marriage-fire’ (under 3.67).

By the term ‘Pārvaṇa’, if it is the Śrāddha that is meant, then we admit this, since the Aṣṭakā, the Pārvaṇa-śrāddha and the Vaiśvadeva offerings have all been prescribed for the Śūdra also. If however the performance of the Darśa-pūrṇamāsa be meant, this wo have already refuted. — (127)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva II (p. 381), as prohibiting for Śūdras the performance of rites accompanied with the reciting of mantras; — and in Śāntimayūkha (p. 2), which quotes Medhātithi’s view that ‘this verse entitles Śūdras only to Fasts and such acts as are done without the use of Vedic mantras, and it is not meant that they are to do even those acts that require the use of mantras, but they are not to use mantras,’ — and says that this view is not correct, because to Fasts and other such acts they are entitled by virtue of the injunctions of those acts themselves, and the present verse would be superfluous.

 

Comparative notes by various authors:

(verses 10.126-127)

See Comparative notes for Verse 10.126.

 

 

VERSE 10.128

Section XIV - Sources of Income (vittāgama)

 

यथा यथा हि सद्वृत्तमातिष्ठत्यनसूयकः ।
तथा तथैमं चामुं च लोकं प्राप्नोत्यनिन्दितः ॥१२८॥

yathā yathā hi sadvṛttamātiṣṭhatyanasūyakaḥ |
tathā tathaimaṃ cāmuṃ ca lokaṃ prāpnotyaninditaḥ ||128||

 

As the Śūdra, free from envy, maintains the right course of conduct, so does he, free from blame, gain this world and the next. — (128)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse has been already explained. — (128)

 

 

VERSE 10.129

Section XIV - Sources of Income (vittāgama)

 

शक्तेनापि हि शूद्रेण न कार्यो धनसञ्चयः ।
शूद्रो हि धनमासाद्य ब्राह्मणानेव बाधते ॥१२९॥

śaktenāpi hi śūdreṇa na kāryo dhanasañcayaḥ |
śūdro hi dhanamāsādya brāhmaṇāneva bādhate ||129||

 

Even though he be able, the Śūdra shall not amass wealth; for having acquired wealth, the Śūdra harasses the Brāhmaṇas. — (129)

 

Medhātithi’s commentary (manubhāṣya):

‘Even though he is able’ — by means of agriculture and such acts, — wealth shall not be amassed by the Śūdra. In support of this the Author adds an argument in the form of a declamatory statement — ‘Having acquired wealth the Śūdra harasses the Brāhmaṇas.’

“What is the harassment caused to Brāhmaṇas?” Becoming very rich, they would make the Brāhmaṇas accept gifts from themselves, and the accepting of gifts from the Śūdra has been forbidden for them; hence becoming a party to their doing what is forbidden, he would incur sin.

The danger of incurring such sin however could not apply to the case of one who goes on fulfilling all that is prescribed for him. Hence the ‘harassment’ of the Brāhmaṇa that is meant is only this that he would no longer serve them. — (129)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 353); — and in Varṣakriyākaumudī (p. 571), which adds that there would be nothing wrong in the Śūdra amassing wealth, for the benefit of ‘Brāhmaṇas and others.’

 

Comparative notes by various authors:

Gautama (10.63). — ‘The Śūdra’s hoard shall serve only the purpose of supporting men of the higher castes in times of distress.’

 

 

VERSE 10.130 [Summary]

Section XV - Summary

 

एते चतुर्णां वर्णानामापद्धर्माः प्रकीर्तिताः ।
यान् सम्यगनुतिष्ठन्तो व्रजन्ति परमं गतिम् ॥१३०॥

ete caturṇāṃ varṇānāmāpaddharmāḥ prakīrtitāḥ |
yān samyaganutiṣṭhanto vrajanti paramaṃ gatim ||130||

 

The duties or the four castes in times or distress have thus been expounded; by properly carrying out which they attain the highest state. — (130)

 

Medhātithi’s commentary (manubhāṣya):

By duly performing the duties laid down in connection with times of distress, the highest state is attained. The proper care of the body does not involve any transgression of an enjoined duty. Hence it is only right that a desirable result is attained.

This is the reiteration of the scriptural and logical conclusion that when fallen in distress, one should not hesitate to accept improper gifts and so forth. — (130)

 

 

VERSE 10.131

Section XV - Summary

 

एष धर्मविधिः कृत्स्नश्चातुर्वर्ण्यस्य कीर्तितः ।
अतः परं प्रवक्ष्यामि प्रायश्चित्तविधिं शुभम् ॥१३१॥

eṣa dharmavidhiḥ kṛtsnaścāturvarṇyasya kīrtitaḥ |
ataḥ paraṃ pravakṣyāmi prāyaścittavidhiṃ śubham ||131||

 

Thus has the entire law relating to the duties or the four castes been described; after this I am going to expound the excellent law relating to Expiatory Rites. — (131)

 

Medhātithi’s commentary (manubhāṣya):

The mere reading of the words makes the meaning of this text clear. — (131)

 

End of Discourse X.

 

***


 

Discourse XI - Expiation of Sins

 

VERSE 11.1-2 [‘Snātakas’ and their Treatment]

Section I - ‘Snātakas’ and their Treatment

 

सान्तानिकं यक्ष्यमाणमध्वगं सार्ववेदसम् ।
गुर्वर्थं पितृमात्र्यर्थं स्वाध्यायार्थ्युपतापिनः ॥१॥

न वै तान् स्नातकान् विद्याद् ब्राह्मणान् धर्मभिक्षुकान् ।
निःस्वेभ्यो देयमेतेभ्यो दानं विद्याविशेषतः ॥२॥

sāntānikaṃ yakṣyamāṇamadhvagaṃ sārvavedasam |
gurvarthaṃ pitṛmātryarthaṃ svādhyāyārthyupatāpinaḥ ||1||

na vai tān snātakān vidyād brāhmaṇān dharmabhikṣukān |
niḥsvebhyo deyametebhyo dānaṃ vidyāviśeṣataḥ ||2||

 

He who is seeking for progeny, he who is going to perform a sacrifice, a traveller on the road, he who has given away all his belongings, he who is begging for his preceptor, he who is begging for his parents, he who is begging for study, a sick man; — (1) — these nine Brāhmaṇas, who are religious mendicants, one should know as ‘Snātakas’; to these penniless men gifts shall be given, in proportion to their learning. — (2)

 

Medhātithi’s commentary (manubhāṣya):

(verses 11.1-2)

The two verses together form one sentence; which lays down the several characteristics of the person seeking for gifts; the sense being that gifts shall be given, in proportion to their learning, to such penniless men as, having the said character of ‘seeking for progeny’ and the rest, may be seeking for gifts.

The term ‘religious mendicant,’ while qualifying the recipient of gifts, serves also as a condition that entitles the man to receive gifts. Thus it is that by laying down the character of the man fit for receiving gifts, the Author also indicates the occasions on which gifts may be given.

‘One seeking for progeny,’ — h e who intends to marry for the purpose of obtaining children. It is for the marriage that money is required; and it helps in the obtaining of children indirectly. Inasmuch as the text has added the epithet ‘religious,’ one need not give gifts to one who is going to marry a second time, only through lust.

Similarly, ‘one who is going to perform, a sacrifice’ is to be understood as referring to one who is seeking for wealth in order to enable him to perform the Agnihotra and other compulsory rites.

The ‘traveller on the road,’ — the person whose supply has run short during his journey.

‘Who has given away all his belongings’; — i.e., the man who has given away his entire property, as the sacrificial fee for the Viśvajit sacrifice, — and not by way of an expiatory rite.

‘He who is begging for study’; — though for the Religious Student, all that is laid down is ‘Vedic Study’ and ‘living on alms,’ — yet enough should be given to him to provide for his clothing. Or, even one who has learnt the Veda may be seeking for the knowledge of what is contained in the Veda, though he may be living on alms.

‘Sick man’ — one suffering from a disease.

The name ‘Snātaka’ has been mentioned here only with a view to eulogising the men spoken of. And the reason for applying this name lies in the fact that as a rule ‘begging for the preceptor’ and ‘begging for study’ are possible only for the Snātaka, the Accomplished Student; though for the Religious Student also it has been laid down that he shall do the begging for his preceptor.

‘Penniless’ — destitute of wealth.

‘In proportion to their learning;’ — i.e., much wealth shall be given to one possessed of much learning, and little to one possessed of little learning.

“All this that is stated here appears to be wholly irrelevant; as what the Author has declared is — ‘I am now going to expound the law relating to Expiations’ (10.131).”

There is no force in this objection. In fact the whole context deals with the duties of men in the various stages of life. The several Expiatory Bites are of unequal nature, and hence these are mentioned along with those. And what is stated in the opening verse has been mentioned first, because it also indicates certain occasions for the performance of expiatory rites.

It bus been said that ‘gifts shall be given’; and the act of ‘giving’ can be accomplished only through something that may be given; hence the Author proceeds, in the next verso, to point, out what it is that should be given. — (1-2)

 

Explanatory notes by Ganganath Jha:

(verses 11.1-2)

‘Gurvartham’. — ‘For the purpose of maintaining his Teacher’ (Govindarāja, Kullūka and Rāghavānanda); — ‘in order to procure the fee for his Teacher’ (Nārāyaṇa).

These verses are quoted in Madanapārijāta (p. 468), which adds the following notes: — ‘Sāntānika,’ ‘for the sake of offspring’; — ‘Sarvavedasa’, ‘one who has given away all his belongings’; — ‘upatāpī’, one who is ill; — this is meant to permit only that much of wandering on the road and other deviations without which alms cannot be obtained.

It is quoted in Aparārka (p. 77); — and in Parā śaramādhava (Ācāra p. 429), which adds the following notes: — ‘Sāntānika,’ one who seeks wealth for the purpose of marrying with a view to obtaining children; — ‘Sarvavedasa,’ one who has been reduced to penury on having performed the sacrifice at which all his belongings have been given away as the sacrificial fee, — ‘pitṛmātrartham’, one who seeks to serve his parents, — ‘svādhyāyārthī,’ who seeks wealth for the keeping up of the teaching of the Veda, — ‘upotāpī’, invalid; — the compound ‘svādhyāyārthyupatāpi’ is to be expounded as ‘the upatāpi, invalid, as along with the svādhyāyārthi’, i.e., both of these.

It is quoted in Hemādri (Śrāddha p. 354, and Dāna p. 30), which explains ‘sāntānikān’ as ‘those who seek to marry for the purpose of begetting offspring’, — ‘adhvaga’ as ‘one who has started on a pilgrimage’, — ‘sārvavedasa,’ (which is its reading for ‘sarvavedasa’) as ‘one who is performing sacrifice at which one’s entire property is given away as the sacrificial fee,’ — and ‘upatāpi’ as an ‘invalid.’

 

Comparative notes by various authors:

(verses 11.1-3)

Mahābhārata (12.165.1-3). — ‘One whose property has been stolen, one who is going to perform a sacrifice, one who has read up to the end of all the Vedas, one who is seeking wealth for his teacher, or for the performance of rites to Pitṛs, or for the carrying on of Vedic study, — such Brāhmaṇas have been regarded as righteous beggars. To such poor men one should give gifts and also impart learning. In other cases the sacrificial fee should be paid; and to others, cooked food may he given outside the altar.’

Gautama (5.21-23). — ‘Presents of money should be given, outside the Vedi, to persons begging for their teachers, or in order to defray the expenses of their wedding, or to procure medicine for the sick, to those who are going to offer a sacrifice, to those engaged in study, to travellers, and to those who have performed the Viśvajit sacrifice. Prepared food should be given to other beggars.’

Baudhāyana (2.5.19-20). — ‘Presents of money should be given, according to one’s ability, to good Brāhmaṇas, Śrotriyas, and to those who have gone to the end of the Vedas, when they beg outside the Vedi, for the sake of their teachers, or for defraying the expenses of their marriage, or of medicine, or when they are distressed for livelihood, or are desirous of offering a sacrifice, or engaged in study, or on a journey, or have performed the Viśvajit sacrifice. Cooked food should be given to other beggars.’

Āpastamba (2.10.1-2). — ‘The reasons for which begging is permissible are — tho desire to collect the fee for the teacher, the celebration of wedding, or of a Śrauta sacrifice, the desire to maintain one’s parents and the impending interruption of ceremonies performed by a worthy man. The person asked for alms must examine the qualities of the petitioner and give according to his power.’

 

 

VERSE 11.3

Section I - ‘Snātakas’ and their Treatment

 

एतेभ्यो हि द्विजाग्र्येभ्यो देयमन्नं सदक्षिणम् ।
इतरेभ्यो बहिर्वेदि कृतान्नं देयमुच्यते ॥३॥

etebhyo hi dvijāgryebhyo deyamannaṃ sadakṣiṇam |
itarebhyo bahirvedi kṛtānnaṃ deyamucyate ||3||

 

For these best of twice-born men, the ‘gift’ shall consist of food accompanied by a present; for others, ‘gift’ has been declared to be the cooked food given outside the sacrificial enclosure. — (3)

 

Medhātithi’s commentary (manubhāṣya):

Though the term ‘dakṣiṇā’ primarily denotes the fee that is given to a man for doing some work, yet, here it stands for all those things that are given away, with the exception of cows, lands and golden vessels. Such too is the ordinary use of the term.

‘For others’ — for supplicants other than those mentioned here.

‘Cooked food’ — To such men cooked food shall be given for eating.

‘Outside the sacrificial enclosure’ — his refers to the food that should be given by householders, apart from that which is given in connection with sacrificial performances. — (3)

 

Explanatory notes by Ganganath Jha:

According to Kullūka, the meaning is that ‘to these most excellent Brāhmaṇas food together with presents must be given inside the sacrificial enclosure’; — according to Nārāyaṇa, ‘the nine mendicants mentioned in verses 1 and 2 shall always receive what they ask for, and other mendicants ordinary food only, but that if they beg at the performance of a sacrifice, other property also must be given to them’.

 

Comparative notes by various authors:

(verses 11.1-3)

See Comparative notes for Verse 11.1-2.

 

 

VERSE 11.4

Section I - ‘Snātakas’ and their Treatment

 

सर्वरत्नानि राजा तु यथार्हं प्रतिपादयेत् ।
ब्राह्मणान् वेदविदुषो यज्ञार्थं चैव दक्षिणाम् ॥४॥

sarvaratnāni rājā tu yathārhaṃ pratipādayet |
brāhmaṇān vedaviduṣo yajñārthaṃ caiva dakṣiṇām ||4||

 

On Brāhmaṇas learned in the veda, the king shall bestow, according to their desert, all kinds of jewels, as also presents for sacrificial performances. — (4)

 

Medhātithi’s commentary (manubhāṣya):

The giving of gifts has been laid down for all castes, as fulfilling man’s purpose, by leading men to heaven. The present text sets forth rules regarding gifts to be made by the king.

If the king is possessed of much wealth, he ‘shall bestow on,’ — give to, make accept — ‘Brāhmaṇas, all kinds of jewels’ — pearls and the rest — ‘according to their desert,’ — in accordance with the learning and character of each man; — ‘also presents for sacrificial performances;’ — this has been repeated with a view to showing that such presents shall he made even for the purpose of enabling the Brāhmaṇas to perform such rites as are not compulsory, but are performed with a view to a certain reward. — (4)

 

Comparative notes by various authors:

Mahābhārata (12.165.4). — (Same as Manu.)

 

 

VERSE 11.5

Section I - ‘Snātakas’ and their Treatment

 

कृतदारोऽपरान् दारान् भिक्षित्वा योऽधिगच्छति ।
रतिमात्रं फलं तस्य द्रव्यदातुस्तु सन्ततिः ॥५॥

kṛtadāro'parān dārān bhikṣitvā yo'dhigacchati |
ratimātraṃ phalaṃ tasya dravyadātustu santatiḥ ||5||

 

If a man, having already got a wife, weds another wife, after having begged (for the requisite wealth), sexual enjoyment is his only fruit; the issue belongs to the person who gave him the wealth. — (5)

 

Medhātithi’s commentary (manubhāṣya):

This forbids the act of begging for the purpose of marrying more than one wife merely through lust.

‘Sexual enjoyment is the only fruit’ — This is purely declamatory, and should not be understood in its literal sense.

Others explain the text to mean that ‘gifts for marriage shall be given to one who is going to marry for the purpose of obtaining children, and not to one who is going to do it merely through lust’; — this same idea being stated in the text in a somewhat different form — ‘gifts shall be given to one who is seeking for offspring, — the person mentioned in the text is seeking sexual enjoyment, and not offspring.’

‘The issue belongs to the person who gave the wealth,’ — and not to the man who marries. — (5)

 

Comparative notes by various authors:

Āpastamba (2.10.3). — ‘But if persons ask for alms for the sake of sexual gratification, that is improper; and he shall not take heed of such begging.’

 

 

VERSE 11.6 (a)

Section I - ‘Snātakas’ and their Treatment

 

धनानि तु यथाशक्ति विप्रेषु प्रतिपादयेत् ।
वेदवित्सु विविक्तेषु प्रेत्य स्वर्गं समश्नुते ॥६॥

dhanāni tu yathāśakti vipreṣu pratipādayet |
vedavitsu vivikteṣu pretya svargaṃ samaśnute ||6||

 

Note: the following is an alternate translation by George Buhler:

One should give, according to one’s ability, wealth to Brāhmaṇas learned in the Veda and living alone; (thus) one obtains after death heavenly bliss.. — (6)

 

Medhātithi’s commentary (manubhāṣya):

[Verse 6 has been omitted by Medhātithi and all other commentators, except Kullūka. But in order to avoid the discrepancy in the numbering of the Verses, the following Verses are numbered both ways.]

 

Explanatory notes by Ganganath Jha:

[Verse VI of Kullūka is omitted by Medhātithi and the other commentators; but the numbering of Mānḍlik and Buhler has been retained.]

 

 

VERSE 11.6 [The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances]

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

यस्य त्रैवार्षिकं भक्तं पर्याप्तं भृत्यवृत्तये ।
अधिकं वाऽपि विद्येत स सोमं पातुमर्हति ॥६॥

yasya traivārṣikaṃ bhaktaṃ paryāptaṃ bhṛtyavṛttaye |
adhikaṃ vā'pi vidyeta sa somaṃ pātumarhati ||6||

 

If a man possesses food sufficient for the maintenance of those whom he has to support, for three years, or more, he deserves to drink soma. — (6)

 

Medhātithi’s commentary (manubhāṣya):

If a man has enough wealth to enable him to maintain his dependants for three years, — or if he possesses more — he is worthy of drinking Soma-juice.

Inasmuch as the performance of the Soma-sacrifice has been prescribed by the Śruti as a compulsory act to be done daily, the present verse cannot be accepted as applicable to even that case where the man’s dependants are in want; since Śruti is the highest authority in these matters. The present prohibition should therefore be taken as meant to apply to such Soma-sacrifices as may be purely voluntary.

“In connection with the Soma-sacrifice, much wealth is needed for the purchase of the Soma and the hiring of the services of the priests, for whom ‘twelve thousand’ has been prescribed as the sacrificial fee. Thus then, since much larger wealth would be necessary for the performance, how is it that the text speaks of what is just enough for the maintenance of the man’s dependants for three years?”

As a matter of fact, when a man possesses much wealth, he does fulfil the condition of possessing enough to maintain his dependants for three years; so that it would be open to the man possessed of much wealth to perform the sacrifice.

Though as a rule the term ‘dāna,’ ‘gift,’ is used in the sense of gift of food, yet people might be led to make gifts of gold also, for the purpose of enabling the recipient to purchase the Soma and perform the Soma-sacrifice. And it is such gifts that the next verse is intended to forbid. [The penniless man shall not perform the voluntary Soma-sacrifices]. — (6)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 165); — and in Parāśaramādhava (Ācāra p. 157), to the effect that the Soma-sacrifice is to be performed only by one who is rich enough for the purpose.,

 

Comparative notes by various authors:

(verses 11.6-7)

Mahābhārata (12. 165. 5). — (Same as Manu 7.)

Vaśiṣṭha (8. 10). — ‘He who possesses wealth sufficient for the expenses of a Soma-sacrifice shall not abstain from offering that sacrifice.’

Viṣṇu (59.8-10). — ‘He who has sufficient supply of food for three years shall perform the Soma-sacrifice; — he shall perform the Soma-sacrifice once a year during the Spring. — If he has less than that, he shall perform the Vaiśvānarī sacrifice.’

Yājñavalkya (1.124). — ‘The twice-born man who has a supply of food which is more than what he shall need for three years, should perform the Soma-sacrifice; — and one who has food enough for one year should perform the rites preliminary to the Soma-sacrifice.’

 

 

VERSE 11.7

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

अतः स्वल्पीयसि द्रव्ये यः सोमं पिबति द्विजः ।
स पीतसोमपूर्वोऽपि न तस्याप्नोति तत्फलम् ॥७॥

ataḥ svalpīyasi dravye yaḥ somaṃ pibati dvijaḥ |
sa pītasomapūrvo'pi na tasyāpnoti tatphalam ||7||

 

For this reason, if a twice-born person possessing less wealth drinks Soma, he does not obtain its reward, even though he may have drunk Soma formerly. — (7)

 

Medhātithi’s commentary (manubhāṣya):

This verse reiterates the logical fact that no benefit is obtained by a man who has lost his title to the performance by transgressing a definite prohibition.

Inasmuch as the text speaks of ‘reward,’ it is dear that what is here stated pertains to voluntary performances.

‘Even though he may have drunk Soma formerly’ — This implies that a previous performance of the Soma-sacrifice is absolutely compulsory.

The latter half is purely declamatory; it should not be taken as precluding the man who has not drunk the Soma formerly. — (7)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 165); — and in Mitākṣarā (1.124), to the effect that a man devoid of wealth should not perform the Soma-sacrifice.

 

Comparative notes by various authors:

(verses 11.6-7)

See Comparative notes for Verse 11.6.

 

 

VERSE 11.8

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

शक्तः परजने दाता स्वजने दुःखजीविनि ।
मध्वापातो विषास्वादः स धर्मप्रतिरूपकः ॥८॥

śaktaḥ parajane dātā svajane duḥkhajīvini |
madhvāpāto viṣāsvādaḥ sa dharmapratirūpakaḥ ||8||

 

If a wealthy man gives to other people, while his own people are living in distress, — such counterfeit virtue would be like swallowing poison, which is sweet in the beginning. — (8)

 

Medhātithi’s commentary (manubhāṣya):

‘His own people’ — Servants, councillors, mother, son, wife and so forth; — while these ‘are living in distress,’ — if the man ‘gives to other people’ — for the purpose of acquiring fame, — this form would be like ‘swallowing poison,’ — ‘which is sweet in the beginning.’ The swallowing of poison, though apparently sweet in the beginning, leads to disastrous results, in the shape of death; exactly like that is the giving of gifts just described.

This same idea is otherwise expressed by calling the act ‘counterfeit virtue.’ It has the semblance of virtue and is not real virtue; just as the shell is like silver, not silver itself. — (8)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 283); — and in Hemādri (Dāna p. 40).

[note: this either belongs to verse 8 or 9]

 

 

VERSE 11.9-10

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

भृत्यानामुपरोधेन यत् करोत्यौर्ध्वदेहिकम् ।
तद् भवत्यसुखौदर्कं जीवतश्च मृतस्य च ॥९॥

वृद्धौ च मातापितरौ साध्वी भार्या शिशुः सुतः ।
अप्यकार्यशतं कृत्वा भर्तव्या मनुरब्रवीत् ॥१०॥

bhṛtyānāmuparodhena yat karotyaurdhvadehikam |
tad bhavatyasukhaudarkaṃ jīvataśca mṛtasya ca ||9||

vṛddhau ca mātāpitarau sādhvī bhāryā śiśuḥ sutaḥ |
apyakāryaśataṃ kṛtvā bhartavyā manurabravīt ||10||

 

If a man does anything for his own benefit after death, to the detriment of the persons he has got to maintain, — it becomes conducive to unhappy results while he lives as also when he dies. — (9). Aged parents, well-behaved wife and infant sons have been declared by Manu to be persons that should be maintained, even by doing a hundred evil acts. — (10)

 

Medhātithi’s commentary (manubhāṣya):

(verses 11.9-10)

This is a deprecatory declamation in support of what has gone before.

‘Persons he has got to maintain’ — already described.

‘Detriment’ — depriving them of food and clothing and other necessaries.

‘For his benefit after death’ — For the purpose of accomplishing for himself rewards in the other world.

‘Conducive to unhappy results’ — The ‘Udarka,’ i.e., the ‘future result’ of such giving turns out to be ‘unhappy’. — (9-10).

[Verse 10 translated here has been quoted by Medhātithi in the Bhāṣya on 3.72.]

 

Explanatory notes by Ganganath Jha:

(verse 11.9)

This verse is quoted in Aparārka (p. 283); — and in Hemādri (Dāna p. 40).

[note: the above note either belongs to verse 8 or 9]

(verse 11.10)

This verse is quoted in Aparārka (p. 283).

वृद्धौ च मातापितरौ साध्वी भार्या शिशुः सुतः |
अप्यकार्यशतं कृत्वा भर्तव्या मनुरब्रवीत् ||

vṛddhau ca mātāpitarau sādhvī bhāryā śiśuḥ sutaḥ |
apyakāryaśataṃ kṛtvā bhartavyā manurabravīt||

This verse is not commented upon by the Commentators; it is quoted by Medhātithi under 2.189, and in several important Nibandhas.

It is quoted in Aparārka (p. 283); — in Mitākṣarā (1.224) to the effect that one who abandons his wife and children stands on the same footing as one who abandons his parents; — again on 2.175, as. indicating the obligatory character of the duty of maintaining one’s family-members; — the Bālambhaṭṭī adds the following notes: — ‘Vṛddhau’, over 80 years old, — ‘śiśuḥ’, less than 16 years old, — ‘Akāryaśatam’, many such reprehensible acts as receiving improper gifts and so forth.

It is quoted in Smṛtitattva I (p. 349); — in Smṛtitattva II (p. 361) as mentioning persons who must be supported; — in Parāśaramādhava (Ācāra p. 186); — and in Parāśaramādhava (Prāyaścitta, p. 384), which adds that this refers to abnormal times of distress.

 

Comparative notes by various authors:

(verses 11.9-10)

Śātātapa (Aparārka, p. 283). — ‘The twice-born person who, in feeding and making gifts, passes over the student near at hand destroys his family to the seventh generation.’

Bhaviṣyapurāṇa (Do.). — ‘If one passes over the Brāhmaṇa near at hand, — except when he is an outcast, — and feeds one at a distance, he falls into hell. — For this reason, the wise man should never pass over his neighbours and relations, or his daughter’s son or sister’s husband, or his sister’s son specially, and other relations; he should not pass over these even if they be illiterate; passing over them, one falls into hell.’

Vyāsa (Do., p. 282). — ‘What is given to one’s parents, brothers, sisters or daughters, wife or sons, — becomes an irreproachable bridge to heaven. A gift made to the father becomes a hundredfold, that to the mother a thousandfold, that to the daughter becomes endless, and what is given to the uterine brother is imperishable.’

Dakṣa (Do., p. 939). — ‘The following are the persons that should be supported by rich persons: — father, mother, teacher, wife, children, a poor man seeking shelter, guest and fire; also relations that are poor, an orphan seeking shelter. He shall make presents to learned men......... The supporting of one’s dependants is the way to heaven, and the harassing of them is the way to hell.’

 

 

VERSE 11.11-12

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

यज्ञश्चेत् प्रतिरुद्धः स्यादेकेनाङ्गेन यज्वनः ।
ब्राह्मणस्य विशेषेन धार्मिके सति राजनि ॥११॥

यो वैश्यः स्याद् बहुपशुर्हीनक्रतुरसोमपः ।
कुटुम्बात् तस्य तद् द्रव्यमाहरेद् यज्ञसिद्धये ॥१२॥

yajñaścet pratiruddhaḥ syādekenāṅgena yajvanaḥ |
brāhmaṇasya viśeṣena dhārmike sati rājani ||11||

yo vaiśyaḥ syād bahupaśurhīnakraturasomapaḥ |
kuṭumbāt tasya tad dravyamāhared yajñasiddhaye ||12||

 

During the reign of a righteous king, if the sacrificial rite of a sacrificer, specially of a Brāhmaṇa, be interrupted for want of one requisite, — that substance may be appropriated, for the completion of that sacrifice, from the house of a Vaiśya possessed of many cattle, who does not perform sacrifices and does not drink the Soma. — (11-12)

 

Medhātithi’s commentary (manubhāṣya):

(verses 11.11-12)

Inasmuch as the text speaks of the requisite, it follows that the appropriation here permitted applies, not only to the gold necessary for the making up of the sacrificial fee, but also to animals and other things necessary for the sacrifice. All that the text lays down is the appropriation of the thing, and not the mode by which it should be done. Hence the thing may he acquired either by begging, or by exchange or by stealing.

“But it has been said that ownership is not acquired by stealing.”

There is no force in this objection. Since it is directly laid down here, in so many words, that the thing shall be ‘appropriated’; and it has also been said that ‘a sacrifice may be accomplished even by doing a mean act.’

There is nothing to show whether this ‘appropriation’ is permitted only in a case where a sacrifice having been begun, all its requisites are at hand, with the exception of a single article, — or also when it is intended to be taken in hand.

‘Specially of a Brāhmaṇa’ — This shows that for the Kṣatriya and the Vaiśya also the said appropriation under the said circumstance is permitted.

“What Kṣatriya is there who would beg? Specially as begging is absolutely impossible for the Kṣatriya.”

What you say is not enough. For the Brāhmaṇa also, stealing is forbidden. The fact of the matter is that there is no restriction regarding the method to be employed in the appropriation under the said circumstances.

‘During the reign of a righteous king’ — This is purely reiterative. If the king is righteous and knows the law, he would know that under tin; peculiar circumstances stealing is permitted, and hence the sacrificer would he emboldened to do the appropriation. If, on the other hand, the king did not know the law, he would punish the said appropriation like ordinary theft; and hence under his rule no one would think of doing it.

‘Possessing many cattle’ — This stands for all kinds of wealth.

‘Who does not perform sacrifices’ — i.e., who does not do any righteous act, in the shape of giving gifts and so forth.

‘Kutumba’ stands here for the house. It is stealing from the house that is exceptionally objectionable; hence it is this that is permitted. But no such restriction is meant as that it should be taken ‘from the house’ only; it may be taken also from the threshing yard and such other places, where the particular thing may be available; specially as it is going to be declared later on (Verse 17) — ‘either from the threshing yard, or from the field, or from the house.’ — (11-12)

 

Explanatory notes by Ganganath Jha:

(verse 11.12)

According to Nārāyaṇa and Nandana, ‘the king’ is the agent to be understood with the verb ‘āharet’, ‘may take’; — this being supported by a parallel passage in the Mahābhārata which ends with ‘Yajñārthampārthivo haret’.

 

Comparative notes by various authors:

(verses 11.11-14)

Mahābhārata (12.165.6-9). — (Same as Manu.)

Gautama (18.24-27). — ‘In order to defray the expenses of a wedding, — and when engaged in a rite enjoined by the secred texts, one may take money from a Śūdra, — or from a man rich in small cattle who neglects his religious duties, though he does not belong to the Śūdra caste, — or from the owner of a hundred cows who has not laid the fire; — or from the owner of a thousand cows who does not drink Soma.’

 

 

VERSE 11.13

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

आहरेत् त्रीणि वा द्वे वा कामं शूद्रस्य वेश्मनः ।
न हि शूद्रस्य यज्ञेषु कश्चिदस्ति परिग्रहः ॥१३॥

āharet trīṇi vā dve vā kāmaṃ śūdrasya veśmanaḥ |
na hi śūdrasya yajñeṣu kaścidasti parigrahaḥ ||13||

 

Or, he may freely take away two or three things from the house of a Śūdra; for the Śūdra has nothing to do with acrifices. — (13)

 

Medhātithi’s commentary (manubhāṣya):

If the thing required is not available in the house of a Vaiśya, it may be taken from that of a Śūdra.

‘Two or three.’ — These must be taken as referring to sacrificial requisites, since it is these that the text is dealing with.

The text adds a declamatory statement — ‘The Śūdra has nothing to do with sacrifices

Though the appropriation has been spoken of above as to be done by several methods, vet in the ease of the Śūdra, there should be no begging, since it is distinctly said that — ‘the Brāhmaṇa shall not beg wealth, for the purpose of sacrifices, from a Śūdra.’ — (24)

“In another Smṛti, the performance of sacrifices with wealth belonging to the Śūdra has been prohibited without any exceptions.”

On the strength of the present text itself, it follows that one may accept gifts from the Śūdra.

Others however explain that when the wealth has been appropriated by the Brāhmaṇa, it is no longer ‘wealth belonging to the Śūdra.’

As a matter of fact, however, what the prohibition refers to is the doing of ‘Śānti’ and ‘Pauṣṭika’ rites for the Śūdra. And a performance is actually called after that wealth which the Ṛtvik priest actually employs in the performance; and there is no doubt that in the case of the sacrifices in question, the performance would be styled as done with wealth belonging to the Śūdra,’ in view of the fact that the wealth originally belonged to him, even though it may not do so at the time of the performance itself. — (13)

 

Comparative notes by various authors:

(verses 11.11-14)

See Comparative notes for Verse 11.11-12.

 

 

VERSE 11.14

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

योऽनाहिताग्निः शतगुरयज्वा च सहस्रगुः ।
तयोरपि कुटुम्बाभ्यामाहरेदविचारयन् ॥१४॥

yo'nāhitāgniḥ śatagurayajvā ca sahasraguḥ |
tayorapi kuṭumbābhyāmāharedavicārayan ||14||

 

If a man, possessing a hundred cows, has not laid the Fire, — or a man possessing a thousand cows, performs no sacrifices, — out of the houses of these men also, one may take away (the sacrificial requisites) without hesitation. — (14)

 

Medhātithi’s commentary (manubhāṣya):

What the verse means is that things may be taken also from Brāhmaṇas and Kṣatriyas, if they are of the character described.

The ‘cow’ has been mentioned only as the standard of the amount of wealth meant

‘Who performs no sacrifices’ — does not perform the Soma-sacrifice. — (14)

 

Explanatory notes by Ganganath Jha:

According to Medhātithi, Kullūka and Rāghavānanda, this refers to Kṣatriyas as well as Brāhmaṇas; — according to Govindarāja it refers to the former alone.

 

Comparative notes by various authors:

(verses 11.11-14)

See Comparative notes for Verse 11.11-12.

 

 

VERSE 11.15

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

आदाननित्याच्चादातुराहरेदप्रयच्छतः ।
तथा यशोऽस्य प्रथते धर्मश्चैव प्रवर्धते ॥१५॥

ādānanityāccādāturāharedaprayacchataḥ |
tathā yaśo'sya prathate dharmaścaiva pravardhate ||15||

 

He shall take it also from one who always acquires, and never gives, if he refuses to give up the thing; thus does his fame spread and merit increase. — (15)

 

Medhātithi’s commentary (manubhāṣya):

This verse applies to all castes.

‘Who always acquires’ — who always goes on acquiring wealth by agriculture, by receiving gifts, by money-lending and so forth; — ‘and never gives.’

‘If he refuses to give up the thing’ — then other methods should be employed.

‘Who never gives’ — may he taken to mean ‘who is of a miserly disposition.’ — (15)

 

Explanatory notes by Ganganath Jha:

‘Ādānanityāḥ’. — ‘Men of all castes who constantly amass wealth’ (Medhātithi and Nārāyaṇa;); — ‘Brāhmaṇas who always accept gifts’ (Kullūka, Govindarāja and Rāghavānanda).

 

Comparative notes by various authors:

Mahābhārata (12.165.10). — ‘The King shall openly take wealth from misers; thus alone can the duty of the King be duly performed.’

 

 

VERSE 11.16-17

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

तथैव सप्तमे भक्ते भक्तानि षडनश्नता ।
अश्वस्तनविधानेन हर्तव्यं हीनकर्मणः ॥१६॥

खलात् क्षेत्रादगाराद् वा यतो वाऽप्युपलभ्यते ।
आख्यातव्यं तु तत् तस्मै पृच्छते यदि पृच्छति ॥१७॥

tathaiva saptame bhakte bhaktāni ṣaḍanaśnatā |
aśvastanavidhānena hartavyaṃ hīnakarmaṇaḥ ||16||

khalāt kṣetrādagārād vā yato vā'pyupalabhyate |
ākhyātavyaṃ tu tat tasmai pṛcchate yadi pṛcchati ||17||

 

Likewise one who has not eaten six meals, may, for the seventh meal, take from a person whose sacred duties are neglected, — but only to this extent that it does not last till the morrow; — (16) either from the threshing yard, or from the field, or from the house, or from any place where it may be got; but if the owner questions him, he must confess it to the questioner. — (17)

 

Medhātithi’s commentary (manubhāṣya):

(verses 11.16-17)

The property of another person may he seized also when one’s own family is suffering from want

‘Not lasting till the morrow.’ — The addition of this phrase implies that the taking of only that much is permitted which may maintain the family for one day, — and no more.

‘From one whose sacred duties are neglected’ — implies that it may be taken for the purpose of sacred rites.

Another Smṛti says — ‘At first one should appropriate from a person of lower status than himself; if no such be available, then from a man of equal status; and in the event of this also being not available, even from a person of superior righteousness.’

‘For the seventh meal.’ — If the man has not eaten for three days he may appropriate another’s property for his morning meal on the fourth day. Two meals a day have been laid down in such texts as — ‘one shall eat in the morning and in the evening.’

‘Or from any place.’ — Even out of the garden and such places.

‘He should confess it’ — but ‘to the questioner’ only; — ‘if he questions him,’ — i.e., he should not send for him and force the owner to question him.

Or the ‘questioner’ may stand for the owner of the property, and ‘if he questions him’ for the king; the king questioning him when he is taken before him (and charged with having taken away the property). In this manner we may distinguish between the two terms ‘pṛcchate’ and ‘pṛcchati.’ Says Gautama (18. 30) — ‘Questioned by the king he should confess it’

What is said here should be understood to apply to both cases — want of food, and shortage of sacrificial requisites. — (16-17)

 

Explanatory notes by Ganganath Jha:

(verse 11.16)

This verse is quoted in Mitākṣarā (2. 275), where Bālambhaṭṭī has the following notes: — ‘Bhakta’ is food; ‘saptame bhakte,’ on the fourth day; — ‘aśvastanavidhānena,’ in such a way that there may be nothing left over for the second day; — ‘hīnakarmaṇaḥ,’ from a man whose religious acts are very poor. — It is quoted again under (2.43), whíere the meaning is explained as that ‘if, in the absence of food, a man has gone without food for three days, he should wrest from a man deficient in religious acts just enough for one day.’

It is quoted in Aparārka (p. 938), which explains the meaning as — ‘if a man has gone without food for six meals, then at the time of his seventh meal, he should take by force just enough for the day from a man of lower caste and also from one who is deficient in religious acts.’

It is quoted in Smṛtitattva II (p. 352), to the effect that if a man has gone without six meals, he may steal food; and notes that this sanction implies that one may even perform the Vaiśvadeva rites with such stolen food.

(verse 11.17)

This verse is quoted in Mitākṣarā (2.43), to the effect that if, under circumstances mentioned in the preceding verse, one has stolen food, he should confess if asked; — and in Aparārka (p. 938), to the effect that the food spoken of in the preceding verse, may be taken from the threshing-yard and other places.

 

Comparative notes by various authors:

(verse 11.16)

Mahābhārata (12.165.21). — (Same as Manu.)

Gautama (18.28-29). — ‘And when he has not eaten at the time of six meals, he may take, at the time of the seventh meal as much as will sustain life, not so much as would enable him to make a hoard, — even from men who do not neglect their duties.’

Yājñavalkya (3.42). — ‘Having gone hungry for three days, he may take grains from a non-Brāhmaṇa; but on being accused of it, be should state the truth.’

(verse 11.17)

Mahābhārata (12.165.12). — (Same as Manu.)

Yājñavalkya (3.42). — (See above under XVI.)

Gautama (18.30). — ‘If he is questioned about it, he shall confess it.’

 

 

VERSE 11.18

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

ब्राह्मणस्वं न हर्तव्यं क्षत्रियेण कदा चन ।
दस्युनिष्क्रिययोस्तु स्वमजीवन् हर्तुमर्हति ॥१८॥

brāhmaṇasvaṃ na hartavyaṃ kṣatriyeṇa kadā cana |
dasyuniṣkriyayostu svamajīvan hartumarhati ||18||

 

The Kṣatriya shall never appropriate the property of a Brāhmaṇa; when starving, he may appropriate the property of the robbers and of one who neglects his duties. — (18)

 

Medhātithi’s commentary (manubhāṣya):

‘The Kṣatriya’ — This is meant to include the Vaiśya and the Śūdra also.

‘Never’ — i.e., not even in times of the greatest distress.

‘Robber and one who neglects his duties.’ — That is, Brāhmaṇas having this character. ‘Robber’ is the thief, and ‘one who neglects his duties’ is the person who does not observe the rules governing the life-stages. — (18)

 

Explanatory notes by Ganganath Jha:

This is quoted in Aparārka (p. 938), as an exception to what has gone in the preceding two verses.

 

 

VERSE 11.19

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

योऽसाधुभ्योऽर्थमादाय साधुभ्यः सम्प्रयच्छति ।
स कृत्वा प्लवमात्मानं सन्तारयति तावुभौ ॥१९॥

yo'sādhubhyo'rthamādāya sādhubhyaḥ samprayacchati |
sa kṛtvā plavamātmānaṃ santārayati tāvubhau ||19||

 

He who takes wealth from the wicked and gives it to the virtuous, makes himself a raft and carries both over. — (19)

 

Medhātithi’s commentary (manubhāṣya):

‘Raft’ — for crossing the sea.

‘Both’ — the man from whom he appropriates it, and the man to whom he gives it.

The rest is purely declamatory. — (.19)

 

Comparative notes by various authors:

(verses 11.19-22)

Mahābhārata (12.165.12). — (Same as Manu).

Gautama (18.31-32). — ‘If the Brāhmaṇa possesses sacred learning and a good character, he must be supported by the King, — if the sacred law is violated and the King does not do his duty, he commits sin.’

Yājñavalkya (3.43). — ‘Of the starving Brāhmaṇa the King shall arrange for maintenance, after having found out all about his conduct, family, character, learning, knowledge and austerities, — and also his household.’

 

 

VERSE 11.20

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

यद् धनं यज्ञशीलानां देवस्वं तद् विदुर्बुधाः ।
अयज्वनां तु यद् वित्तमासुरस्वं तदुच्यते ॥२०॥

yad dhanaṃ yajñaśīlānāṃ devasvaṃ tad vidurbudhāḥ |
ayajvanāṃ tu yad vittamāsurasvaṃ taducyate ||20||

 

The property of persons given to perform sacrifices the learned regard as ‘the property of the gods;’ while the property of those who do not perform sacrifices is described as ‘the property of demons.’ — (20)

 

Medhātithi’s commentary (manubhāṣya):

This also is a declamatory declaration in support of the teaching that ‘no property shall be taken from men possessed of good qualities, but there is no harm if it is taken from those devoid of qualities.’ — (20)

 

Comparative notes by various authors:

(verses 11.19-22)

See Comparative notes for Verse 11.19.

 

 

VERSE 11.21

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

न तस्मिन् धारयेद् दण्डं धार्मिकः पृथिवीपतिः ।
क्षत्रियस्य हि बालिश्याद् ब्राह्मणः सीदति क्षुधा ॥२१॥

na tasmin dhārayed daṇḍaṃ dhārmikaḥ pṛthivīpatiḥ |
kṣatriyasya hi bāliśyād brāhmaṇaḥ sīdati kṣudhā ||21||

 

The righteous king shall inflict no punishment upon him; as it is only through the foolishness of the Kṣatriya that the Brāhmaṇa suffers from hunger. — (21)

 

Medhātithi’s commentary (manubhāṣya):

If a person is brought before the king charged with theft, under the circumstances above described, he shall not be punished; as it is only on account of the king’s ‘foolishness’ — folly — ‘that the Brāhmaṇa suffers from hunger.’

Stress is not meant to be laid on ‘hunger’ only; as both ‘hunger’ and ‘sacrificial needs’ are meant, as is clear from the context and from the implications of the declamatory passages. — (21)

 

Comparative notes by various authors:

(verses 11.19-22)

See Comparative notes for Verse 11.19.

 

 

VERSE 11.22

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

तस्य भृत्यजनं ज्ञात्वा स्वकुटुम्बान् महीपतिः ।
श्रुतशीले च विज्ञाय वृत्तिं धर्म्यां प्रकल्पयेत् ॥२२॥

tasya bhṛtyajanaṃ jñātvā svakuṭumbān mahīpatiḥ |
śrutaśīle ca vijñāya vṛttiṃ dharmyāṃ prakalpayet ||22||

 

Having ascertained the number of persons he has to maintain, and having investigated his learning and character, the king shall provide, out of his own property, a proper living for him. — (22)

 

Medhātithi’s commentary (manubhāṣya):

‘Proper living’ — whereby he may be enabled to fulfil all his compulsory duties also.

Even if the king’s treasury be empty, he shall make this provision, even out of the property that may have been set apart for the queen and the princes.

‘Out of his own property’ — This is a rule meant only for a very wealthy king; specially in view of what has been said above (Verse 4) — ‘the king shall give all kinds of jewels, etc, etc.’

 

Comparative notes by various authors:

(verses 11.19-22)

See Comparative notes for Verse 11.19.

 

 

VERSE 11.23

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

कल्पयित्वाऽस्य वृत्तिं च रक्षेदेनं समन्ततः ।
राजा हि धर्मषड्भागं तस्मात् प्राप्नोति रक्षितात् ॥२३॥

kalpayitvā'sya vṛttiṃ ca rakṣedenaṃ samantataḥ |
rājā hi dharmaṣaḍbhāgaṃ tasmāt prāpnoti rakṣitāt ||23||

 

Having provided a living for him, the king shall protect him in every way; since he obtains, from the person thus protected, the sixth part of his spiritual merit. — (23)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse is quite clear. — (23)

 

 

VERSE 11.24

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

न यज्ञार्थं धनं शूद्राद् विप्रो भिक्षेत कर्हि चित् ।
यजमानो हि भिक्षित्वा चण्डालः प्रेत्य जायते ॥२४॥

na yajñārthaṃ dhanaṃ śūdrād vipro bhikṣeta karhi cit |
yajamāno hi bhikṣitvā caṇḍālaḥ pretya jāyate ||24||

 

The Brāhmaṇa shall never beg from a Śūdra wealth for the purpose of sacrificial performances; if one perform sacrifices with wealth so begged, he is born, after death, as a Caṇḍāla. — (24)

 

Medhātithi’s commentary (manubhāṣya):

It is begging that is forbidden here; if anything comes unasked, the acceptance of that is not forbidden; since it has been declared that — ‘the acceptance of riches that come unasked is declared to be no acceptance at all, in accordance with special usage and texts.’

This prohibition is with reference to the begging of wealth for sacrificial purposes, and not to that for maintaining one’s dependants.

Some people regard this verse only as supplementary to what has gone before; the meaning being that — ‘inasmuch as begging is found to be beset with an undesirable feature, the appropriation of the property of Śūdras should be done in other ways.’ — (24)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 165); — in Parāśaramādhava (Ācāra p. 185); — and in Hemādri (Dāna, p. 60).

 

Comparative notes by various authors:

(verses 11.24-25)

Viṣṇu (59.11). — ‘He shall not make an offering of food obtained as alms from a Śūdra.’

Yājñavalkya (1.127). — ‘If a man performs a sacrifice with accessories obtained in alms from a Śūdra, he becomes a Caṇḍāla. — If one does not offer away in a sacrifice what he has obtained for that purpose, one becomes a Bhāsa bird or a crow.’

 

 

VERSE 11.25

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

यज्ञार्थमर्थं भिक्षित्वा यो न सर्वं प्रयच्छति ।
स याति भासतां विप्रः काकतां वा शतं समाः ॥२५॥

yajñārthamarthaṃ bhikṣitvā yo na sarvaṃ prayacchati |
sa yāti bhāsatāṃ vipraḥ kākatāṃ vā śataṃ samāḥ ||25||

 

If a Brāhmaṇa, having begged wealth for a sacrifice, does not spend the whole of it, he becomes, for a hundred years, a Bhāsa or acrow. — (25)

 

Medhātithi’s commentary (manubhāṣya):

If a man has begged some wealth for the purpose of performing a sacrifice, and if he saves something out of it and uses it for other purposes, he becomes either a crow or a Bhāsa. — (25)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (1.127), which explains ‘bhāsa’ as the Śakunta bird.

 

Comparative notes by various authors:

(verses 11.24-25)

See Comparative notes for Verse 11.24.

 

 

VERSE 11.26

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

देवस्वं ब्राह्मणस्वं वा लोभेनोपहिनस्ति यः ।
स पापात्मा परे लोके गृध्रौच्छिष्टेन जीवति ॥२६॥

devasvaṃ brāhmaṇasvaṃ vā lobhenopahinasti yaḥ |
sa pāpātmā pare loke gṛdhraucchiṣṭena jīvati ||26||

 

The sinful man who, through covetousness, seizes the property of the gods, or the property of Brāhmaṇas, lives, in the other world, upon the leavings of vultures. — (26)

 

Medhātithi’s commentary (manubhāṣya):

‘Property o f the gods’ is the name given to all that belongs to such men of the three higher castes as are disposed to perform sacrifices. ‘Property of the Brāhmaṇa’ is the name that is applied to the belongings of even such Brāhmaṇas as are not disposed to perform sacrifices.

It is in this sense that the verse may be construed:

As a matter of fact however Verse 20 above, which says — The property of those disposed to perform sacrifices the wise call the ‘property of the gods, etc.’ — is purely declamatory, and not meant to provide the definition of technical terms; like such terms as ‘theft’ and the like. For this reason we proceed to explain it differently.

That wealth which has been set apart as to be spent for the gods, in the performance of sacrifices and other such acts, is ‘the property of the gods’; as direct ownership is not possible for the gods. In fact the gods never make use of any property, by their own wish; nor are they found to be actually taking care of any property; and it is where all this is found that property is said in ordinary life to belong to a person. Hence the name ‘property of the gods’ must apply to that which has been set apart as to be used on behalf of the gods, — with such formula as ‘this is no longer mine, it is the god’s.’ And this can refer to only what has been enjoined as to be offered to Agni and other deities at the Darśa-pūrṇamāsa and other sacrifices; and it is merely on the basis of the custom of cultured people that it can be applied, only figuratively, to what is offered at sacrifices to Durgā and other deities (which latter are not enjoined in the Veda).

“In the ordinary world, it is property dedicated to the four-armed and other images in temples that is called ‘the property of the gods;’ and it is only right that in the interpretation of scriptures we should accept that meaning of a word in which it is used in ordinary parlance.”

This would be so, if the term ‘devasvam,’ ‘property of the gods,’ were recognised as a non-composite, word (whose denotation is not affected by that of its component parts). As a matter of fact, however, the term ‘devasvam’ is composite, and its best denotation therefore is that which is provided by its component parts (‘deva,’ ‘gods,’ and ‘svam,’ ‘property’); and there is no authority for the assuming of any other denotation. That the true deific character does not belong to the four-armed image is shown by the simple fact that it is regarded as an ‘image’ (and not as the reality)’, nor is there any definition of ‘god’ which can apply directly to the image. According to usage, the property of such images may be called ‘property of the gods.’ But even there, there can be no ownership. And yet actual business may be carried on in accordance with the explanation given above. All this has been explained in Discourse II (Verse 189). — (26)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Hemādri (Śrāddha p. 1035).

 

 

VERSE 11.27

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

इष्टिं वैश्वानरीं नित्यं निर्वपेदब्दपर्यये ।
कॢप्तानां पशुसोमानां निष्कृत्यर्थमसम्भवे ॥२७॥

iṣṭiṃ vaiśvānarīṃ nityaṃ nirvapedabdaparyaye |
kḷptānāṃ paśusomānāṃ niṣkṛtyarthamasambhave ||27||

 

In the event of the impossibility of the performance of the prescribed Animal and Soma sacrifices, one shall always offer the Vaiśvānarī sacrifice at the change of the year, — in expiation thereof. — (27)

 

Medhātithi’s commentary (manubhāṣya):

The actual form of Vaiśvānarī sacrifice should be learnt from the Gṛhyasūtras.

‘Change of year’ — when one year ends and another begins.

‘Prescribed’ — enjoined.

‘Animal and Soma sacrifices’ — the compulsory ones. The six-monthly and yearly ‘Animal sacrifices’ are compulsory, as also the ‘Soma sacrifice’ every spring.

‘In the event of the impossibility of the performance’ — of these, on account of the absence of the requisite wealth; — ‘in expiation thereof.’ — for the removal of the sin incurred by the omission of a compulsory rite.

In connection with the occasion here referred to, the Veda lays down other expiatory rites; and some people would combine these with what is here prescribed; their point being that, even though both the rites serve the same purpose, yet they are found to be laid down by two distinct authorities.

This however is not right; because in connection with the expiatory rites for the slaying of a Brāhmaṇa, our Author is going to declare, in so many words, that between the rite laid down in the Veda and that prescribed in the Smṛti, there should be option: — ‘He may perform the Abhijit or the Viśvajit’ (11.75). — (27)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 167); — in Mitākṣarā (3.265), which explains ‘abdaparyaye’ as ‘at the end of the year’; — and in Prayāścittaviveka (p. 393).

 

Comparative notes by various authors:

Mahābhārata (12.165.15). — (Same as Manu).

Viṣṇu (59.10). — ‘If he has not wealth sufficient to defray the expenses of the Soma and other sacrifices, he shall perform the Vaiśvānarī sacrifice.’

Yājñavalkya (1.125-126). — ‘The Twice-born man should perform, every year, the Soma-sacrifice, — the Paśu-sacrifice, at every solstice, — also the Āgrāyaṇeṣṭi and the Cāturmasya sacrifices. — If it be impossible for him to do all this, he should perform the Vaiśvānarī sacrifice.’

 

 

VERSE 11.28

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

आपत्कल्पेन यो धर्मं कुरुतेऽनापदि द्विजः ।
स नाप्नोति फलं तस्य परत्रेति विचारितम् ॥२८॥

āpatkalpena yo dharmaṃ kurute'nāpadi dvijaḥ |
sa nāpnoti phalaṃ tasya paratreti vicāritam ||28||

 

If a twice-born person performs, even in normal times, a sacred act according to the mode sanctioned for Abnormal Times, — he does not obtain its reward. Such is the well-considered opinion. — (28)

 

Medhātithi’s commentary (manubhāṣya):

If a man, even though possessed of the requisite wealth, takes advantage of the secondary course laid down in connection with the abnormal condition (of the man being devoid of wealth), and performs the Vaiśvānarī sacrifice (in lieu of the more elaborate Animal and Soma sacrifices), — his purpose cannot be thereby accomplished. — (28)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Āparārka (p. 167).

 

Comparative notes by various authors:

(verses 11.28-30)

Mahābhārata (12.165.15-17). — (Same as Manu.)

Yājñavalkya (1.126). — ‘Rites should not be performed by the inferior alternative method; as it is only when an act is performed with all its accessories complete that it brings its reward.’

 

 

VERSE 11.29

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

विश्वैश्च देवैः साध्यैश्च ब्राह्मणैश्च महर्षिभिः ।
आपत्सु मरणाद् भीतैर्विधेः प्रतिनिधिः कृतः ॥२९॥

viśvaiśca devaiḥ sādhyaiśca brāhmaṇaiśca maharṣibhiḥ |
āpatsu maraṇād bhītairvidheḥ pratinidhiḥ kṛtaḥ ||29||

 

The substitute of the Primary Rule was ordained by the Viśvedevas, the Sādhyas and the great Brāhmaṇa Sages, when they were afraid of perishing in abnormal times. — (29)

 

Medhātithi’s commentary (manubhāṣya):

This also means that the substitute shall be adopted only in adversity, never in prosperity. — (29)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 167); — and in Smṛtitattva II (p. 87.)

 

Comparative notes by various authors:

(verses 11.28-30)

See Comparative notes for Verse 1.75.

 

 

VERSE 11.30

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

प्रभुः प्रथमकल्पस्य योऽनुकल्पेन वर्तते ।
न साम्परायिकं तस्य दुर्मतेर्विद्यते फलम् ॥३०॥

prabhuḥ prathamakalpasya yo'nukalpena vartate |
na sāmparāyikaṃ tasya durmatervidyate phalam ||30||

 

If one, who is able to fulfil the primary rule, adopts the substitute, — this evil-minded man does not obtain its reward in the other world. — (30)

 

Medhātithi’s commentary (manubhāṣya):

This also is a declamatory statement in support of what has gone before.

‘In the other world’ — pertaining to heaven. — (30)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 168); — in Smṛtitattva II (p. 87); — and in Parāśaramādhava (Ācāra, p. 684), which explains ‘sāmparāyikam’ as future effect, in the shape of accession to Heaven and so forth; — in Hemādri (Dāna p. 88), which explains ‘sāmparāyikam’ as ‘pertaining to the other world’ i.e., supernatural; — in Śrāddhakriyākaumdī (p. 288); — in Dānamayūkha (p. 8); — in Yatidharmasaṅgraha (p. 8); — in Saṃskāraratnamālā (p. 14); — in Smṛtisāroddhāra (p. 306); — in Vīramitrodaya (Paribhāṣā, p. 29 and 71), to the effect that the secondary course is effective only when the primary one is impossible, — it explains ‘prabhuḥ’ as ‘capable’ and ‘sāmparāyikam’ as ‘pertaining to the other world’; — in Varṣakriyākaumudī (p. 352); — in Hemādri (śrāddha, p. 452); — and in Nityācārapradīpa (p. 9 and 196), which explains the meaning to be that ‘so long as one, is able to adopt the primary course, he is not entitled to the adopting of the secondary one’.

 

Comparative notes by various authors:

(verses 11.28-30)

See Comparative notes for Verse 1.75.

 

 

VERSE 11.31

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

न ब्राह्मणो वेदयेत किञ्चिद् राजनि धर्मवित् ।
स्ववीर्येणैव तांशिष्यान् मानवानपकारिणः ॥३१॥

na brāhmaṇo vedayeta kiñcid rājani dharmavit |
svavīryeṇaiva tāṃśiṣyān mānavānapakāriṇaḥ ||31||

 

The Brāhmaṇa conversant with the Law shall not complain to the King; by his own power alone he shall punish the men that injure him. — (31)

 

Medhātithi’s commentary (manubhāṣya):

What the verse means is that when the occasion for it arises there is nothing wrong in the Brāhmaṇa having recourse to malevolent rites; it does not actually enjoin these rites; nor does it actually forbid the act of complaining to the King; all that is meant is that if there has been occasion for it, and the Brāhmaṇa does have recourse to the malevolent rites, the King shall not interfere with him. This is what is going to be declared later on: ‘The Brāhmaṇa is the creator, the punisher, etc, etc. — hence no one should say anything unpleasant to him’ (Verse 35), — where it is understood that the King shall not tell him anything.

‘Shall punish ’ — Though there is this injunction, yet, as a rule, the Brāhmaṇa should complain to the King; because the sentence ‘he shall not complain to the King’ is not a prohibition, as is clear from the consideration of the concluding verse.

The occasions referred to here have been already enumerated — ‘If one molests his wife’ and so forth. In the case of slight offences, he shall complain to the King — ‘this man has done this to me.’

‘Conversant with the Law’ — i.e., knowing the procedure of the malevolent rites.

‘By his own power’ — by means of incantations and curses; that these are meant being clearly indicated by the next verse. — (31)

 

Explanatory notes by Ganganath Jha:

This and the following verses rescind the rules given above “(9.290).” — Buhler.

 

Comparative notes by various authors:

(verses 11.31-35)

[See 9.290 above; and texts thereunder; also 9.313-321.]

Mahābhārata (12.165.18-2). — (Same as Manu.)

Vaśiṣṭha (26.16). — ‘The Kṣatriya shall get over misfortunes that may have befallen him by the strength of his arms; the Vaiśya and the Śūdra by their wealth; and the Brāhmaṇa by muttered payer and oblations into fire.’

 

 

VERSE 11.32

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

स्ववीर्याद् राजवीर्याच्च स्ववीर्यं बलवत्तरम् ।
तस्मात् स्वेनैव वीर्येण निगृह्णीयादरीन् द्विजः ॥३२॥

svavīryād rājavīryācca svavīryaṃ balavattaram |
tasmāt svenaiva vīryeṇa nigṛhṇīyādarīn dvijaḥ ||32||

 

His own power is more forcible than the King’s power; the twice-born man shall, therefore, punish his enemies by his own power. — (32)

 

Medhātithi’s commentary (manubhāṣya):

It is just possible that the King, being inept, may not inflict the requisite punishment while there is no possibility of the injured person himself ignoring it; it is in this sense that one’s own power is more forcible. — (32)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 232).

 

Comparative notes by various authors:

(verses 11.31-35)

[See 9.290 above; and texts thereunder; also 9.313-321.]

See Comparative notes for Verse 11.31.

 

 

VERSE 11.33

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

श्रुतीरथर्वाङ्गिरसीः कुर्यादित्यविचारयन् ।
वाक्षस्त्रं वै ब्राह्मणस्य तेन हन्यादरीन् द्विजः ॥३३॥

śrutīratharvāṅgirasīḥ kuryādityavicārayan |
vākṣastraṃ vai brāhmaṇasya tena hanyādarīn dvijaḥ ||33||

 

He should make use of the sacred texts of the Atharva-Veda, without hesitation. Speech indeed is the Brāhmaṇa’s weapon; by that should the twice-born strike his enemies. — (33)

 

Medhātithi’s commentary (manubhāṣya):

This verse is for the purpose of removing doubts as to what constitutes the ‘power’ of the Brāhmaṇa.

‘Śruti’ is what is heard. The meaning is that he should employ those malevolent rites that are found revealed in the Atharva-Veda. This particular Veda has been mentioned because it abounds in injunctions of malevolent spells, — which also are not such as have been actually forbidden by the other Vedas.

Or, the term ‘atharvāṅgirasī’ may be taken as standing for all those sacred texts that deal with malevolent rites.

Or, the term ‘Atharva’ itself may be taken as standing for the rites themselves; as we find it used in such passages.as — ‘the Atharvana is the name of that sacrifice which is performed with a view to a definite desirable result.’ — (33)

 

Comparative notes by various authors:

(verses 11.31-35)

[See 9.290 above; and texts thereunder; also 9.313-321.]

See Comparative notes for Verse 11.31.

 

 

VERSE 11.34

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

क्षत्रियो बाहुवीर्येण तरेदापदमात्मनः ।
धनेन वैश्यशूद्रौ तु जपहोमैर्द्विजोत्तमः ॥३४॥

kṣatriyo bāhuvīryeṇa taredāpadamātmanaḥ |
dhanena vaiśyaśūdrau tu japahomairdvijottamaḥ ||34||

 

The Kṣatriya shall cut through his misfortunes by the strength of his arms; the Vaiśya and the Śūdra by their wealth, and the chief of the twice-born by muttered prayers and oblations into the fire. — (34)

 

Medhātithi’s commentary (manubhāṣya):

This is supplementary to what has gone before.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 232).

 

Comparative notes by various authors:

(verses 11.31-35)

[See 9.290 above; and texts thereunder; also 9.313-321.]

See Comparative notes for Verse 11.31.

 

 

VERSE 11.35

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

विधाता शासिता वक्ता मैत्रो ब्राह्मण उच्यते ।
तस्मै नाकुशलं ब्रूयान्न शुष्कां गिरमीरयेत् ॥३५॥

vidhātā śāsitā vaktā maitro brāhmaṇa ucyate |
tasmai nākuśalaṃ brūyānna śuṣkāṃ giramīrayet ||35||

 

The Brāhmaṇa is called the creator, the punisher, the teacher and the advisor; therefore one should not address unpleasant words to him, nor use any harsh words. — (35)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse has been already explained before.

When a Brāhmaṇa is performing a malevolent rite, the King shall not utter any such ‘unpleasant words’ as ‘punish him.’

‘He shall not we harsh words.’ — This prohibition refers also to remonstrance and censure.

Or, the meaning may be that — ‘the Brāhmaṇa shall not be ill-treated by men of any caste; since he is very powerful, by reason of his knowledge of the Vedas, and is capable of inflicting punishments by himself.’

‘Creator’ — of another King.

‘Punisher’ — chastiser.

‘Advisor’ — one who offers beneficial advice.

And since he is all this, he is a ‘benefactor.’

Thus, being endowed with all kinds of power, he should not be disregarded as a weakling. — (35)

 

Explanatory notes by Ganganath Jha:

‘Vidhātā’. — ‘Creator’ (Medhātithi and Nārāyaṇa); — ‘performer of the prescribed rites’ (Govindarāja and Kullūka); — ‘one who is able to do, to undo and to change’ (Rāghavānanda); — ‘the performer of magic rites’ (Nandana); — ‘Śāsitā’, — ‘Punisher, controller, adviser’ — of the king (Medhātithi), — ‘of his sons and pupils’ (Kullūka); — ‘instructor in the sacred daw’ (Nārāyaṇa); — ‘the instigator of incantations’ (Nandana). ‘Vaktā’. — ‘One who gives wholesome advice’ (Medhātithi); — ‘the teacher’, (Govindarāja and Nārāyaṇa); — ‘the expounder of the sacred law’ (Kullūka and Rāghavānanda).

 

Comparative notes by various authors:

(verses 11.31-35)

[See 9.290 above; and texts thereunder; also 9.313-321.]

See Comparative notes for Verse 11.31.

 

 

VERSE 11.36

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

न वै कन्या न युवतिर्नाल्पविद्यो न बालिशः ।
होता स्यादग्निहोत्रस्य नार्तो नासंस्कृतस्तथा ॥३६॥

na vai kanyā na yuvatirnālpavidyo na bāliśaḥ |
hotā syādagnihotrasya nārto nāsaṃskṛtastathā ||36||

 

Neither a girl, nor a youthful woman, nor a man of little learning, nor a fool, nor one distressed, nor one without the sacraments shall act as a ‘Hotṛ’ at the Agnihotra. — (36)

 

Medhātithi’s commentary (manubhāṣya):

In connection with the appointing of the priests at the Agnihotra it has been said, — ‘one shall pour the libations or have it poured;’ and as these words are applicable equally to the man and the woman, as being entitled to the pouring of milk-offerings, the present text forbids it in regard to girls and youthful women.

Similarly the possibility of such offerings being made by one who is possessed of ‘little learning’ — i.e., knows only the texts bearing on the two oblations, — or by ‘a fool.’

‘Distressed’ — by illness.

‘Without sacraments’ — who has not been initiated.

Some people hold that this explanation of the text is not right. As regards the Śrauta Agnihotra, the declaration is — ‘on each Parva day one shall pour the libations himself, or one of the priests shall do it;’ there is no possibility for a woman ever acting as a ‘priest’; hence the prohibition herein contained must pertain to ‘the girl and the youthful woman,’ — its purpose being to indicate the possibility of its being done by a woman who has got a son. In support of this they quote the following words of other Sūtra-writers — ‘The wife may freely pour the morning and evening libations in the domestic fire.’ Others again, on the strength of what is said (in the next verse) regarding one being ‘skilled in the rituals,’ hold that the prohibition pertains to the Three Fires (of the Śrauta ritual).

But as a matter of fact the term ‘vitāna’ (used in the next verse) stands for ‘ritual’; and all this is performed only in Śrauta fires; so that there is no possibility of either women or unlearned men. performing these; specially as it has been laid down that only very specially qualified persons should act as priests.

From all this it is clear that the term ‘Agnihotra’ here stands for all kinds of rites, and the term ‘hotṛ’ for all classes of priests. So that the present Smṛti is only a reiteration of what has been enjoined in the Veda. — (36)

 

Explanatory notes by Ganganath Jha:

See 2.172; 5.155; 9.18.

 

Comparative notes by various authors:

(verses 11.36-37)

Mahābhārata (12.165.21-22). — (Same as Manu.)

Gautama (2.4). — ‘One must not employ a child to offer oblations into the fire or to make Bali offerings.'

Āpastamba (2.15.17-18). — ‘A female shall not offer any oblations into the fire; nor a child that has not been initiated.’

Vaśiṣṭha (2-6). — ‘Hārīta quotes the following verse — “No religious rite can be performed by a child before he has been girt with the sacred girdle; since he is on a level with the Śūdra before he is born in the Veda.’

[See above. — 2.72; 5.155 and 9.18.]

 

 

VERSE 11.37

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

नरके हि पतन्त्येते जुह्वन्तः स च यस्य तत् ।
तस्माद् वैतानकुशलो होता स्याद् वेदपारगः ॥३७॥

narake hi patantyete juhvantaḥ sa ca yasya tat |
tasmād vaitānakuśalo hotā syād vedapāragaḥ ||37||

 

If these persons pour the oblations, they sink into hell, as also the person to whom the agnihotra belongs; hence the ‘Hotṛ’ shall be a person fully learned in the Veda and expert in rituals. — (37)

 

Medhātithi’s commentary (manubhāṣya):

‘These persons’ — The girl and the rest; — ‘sink’ into hell, if they pour the oblations;

‘The person’ — i.e., the person on whose behalf the oblations are poured. — (37)

 

Comparative notes by various authors:

(verses 11.36-37)

See Comparative notes for Verse 11.36.

[See above. — 2.72; 5.155 and 9.18.]

 

 

VERSE 11.38

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

प्राजापत्यमदत्त्वाऽश्वमग्न्याधेयस्य दक्षिणाम् ।
अनाहिताग्निर्भवति ब्राह्मणो विभवे सति ॥३८॥

prājāpatyamadattvā'śvamagnyādheyasya dakṣiṇām |
anāhitāgnirbhavati brāhmaṇo vibhave sati ||38||

 

If a Brāhmaṇa, possessed of wealth, does not give a ‘prājāpatya’ horse as the ‘fee’ foe the fire-laying, he becomes as good as one who has not laid the fire at all. — (38)

 

Medhātithi’s commentary (manubhāṣya):

In connection with the Fire-laying rite, a horse is to be given as the ‘fee.’ the term ‘prājāpatya’ is added for the purpose of eulogising the horse. Or, the term may be taken to mean ‘neither very good nor very bad,’ in which sense ordinary men use the name ‘prajāpati.’

‘Possessed of wealth.’ — This means that if the man does not give the fee, on account of his not possessing wealth, — then he does become regarded as one who has laid the Fires. — (38)

 

Explanatory notes by Ganganath Jha:

‘Prājāpatyam’. — ‘Dedicated to Prajāpati’ (Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda); — the epithet is merely laudatory; or it may mean ‘neither very good nor very inferior’ (Medhātithi); —

 

Comparative notes by various authors:

Mahābhārata (12.165.23). — (Same as Manu.)

 

 

VERSE 11.39

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

पुण्यान्यन्यानि कुर्वीत श्रद्दधानो जितेन्द्रियः ।
न त्वल्पदक्षिणैर्यज्ञैर्यजेतेह कथं चन ॥३९॥

puṇyānyanyāni kurvīta śraddadhāno jitendriyaḥ |
na tvalpadakṣiṇairyajñairyajeteha kathaṃ cana ||39||

 

The man who has faith and control over his senses may perform other meritorious acts; but he shall not, on any account, perform sacrifices with small fees. — (39)

 

Medhātithi’s commentary (manubhāṣya):

A sacrifice is regarded as ‘with small fees’ when the fee given at it is smaller than what has been prescribed.

“The fee is a sort of hire; if a worker is obtained at a lower hire, why should anything higher be paid? This is the principle that governs all dealings of people in the ordinary world, with the ploughman and other workers. There is the saying also — ‘when a thing can be had for one paṇa, what wise men shall buy it for ten paṇas?’ If the sacred texts prescribe ‘twelve-hundred’ as the fee, this is done only with a view to the obtaining of higher rewards.”

It is people entertaining such notions for whose sake the present text sets forth the prohibition, and it does not refer to a case where the prescribed fee itself is small. — (39)

 

Comparative notes by various authors:

Mahābhārata (12.165.24). — (Same as Manu.)

 

 

VERSE 11.40

Section II - The Brāhmaṇa’s Responsibilities

and Privileges regarding Sacrificial Performances

 

इन्द्रियाणि यशः स्वर्गमायुः कीर्तिं प्रजाः पशून् ।
हन्त्यल्पदक्षिणो यज्ञस्तस्मान्नाल्पधनो यजेत् ॥४०॥

indriyāṇi yaśaḥ svargamāyuḥ kīrtiṃ prajāḥ paśūn |
hantyalpadakṣiṇo yajñastasmānnālpadhano yajet ||40||

 

A sacrifice with small fees destroys the organs, honour, heaven, longevity, fame, offspring and cattle. Hence one possessed of small means shall not perform sacrifices. — (40).

 

Medhātithi’s commentary (manubhāṣya):

This verse describes the results following from the transgression of the aforementioned rule. — (40).

 

Comparative notes by various authors:

[See above. — 4.94.]

Mahābhārata (12.165.25). — (Same as Manu.)

 

 

VERSE 11.41 [Expiation for the Neglect of the Agnihotra Fire]

Section III - Expiation for the Neglect of the Agnihotra Fire

 

अग्निहोत्र्यपविध्याग्नीन् ब्राह्मणः कामकारतः ।
चान्द्रायणं चरेन् मासं वीरहत्यासमं हि तत् ॥४१॥

agnihotryapavidhyāgnīn brāhmaṇaḥ kāmakārataḥ |
cāndrāyaṇaṃ caren māsaṃ vīrahatyāsamaṃ hi tat ||41||

 

If a Brāhmaṇa who has set up the fires neglects them wilfully, he shall perform the ‘Cāndrāyaṇa’ penance for a month; as his offence is equal to the offence of killing a hero. — (41)

 

Medhātithi’s commentary (manubhāṣya):

‘Neglects’ — omits to tend; this may mean either the absolute omission of the rite, or allowing the fires to be extinguished.

The text lays down the Expiatory Rite here, because the text has been dealing with the Agnihotra.

Inasmuch as the text speaks of ‘fires’ (in the plural), what is here said may also he assumed to be applicable to the neglect of the ‘domestic fire.’

‘Equal to the killing of a hero’ — in view of the declaration, — ‘he who allows the fires to become extinguished is regarded by the gods as the slayer of a hero.’

The addition of the qualifying team ‘wilfully’ indicates that when the neglect is not wilful, there should be some other form of expiation. — (41)

 

Explanatory notes by Ganganath Jha:

‘Vīra’ — ‘Son’ (Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda); — ‘a Kṣatriya’ (Nandana); — ‘a deity’ (suggested by Rāghavānanda).

This verse is quoted in Aparārka (p. 1154), which adds the following notes: — The construction is ‘māsamagnīn apavidhya’; — ‘vīra’ is the sacrificer; — if the omission lasts longer than a month, the man should perform the ‘Three monthly Goghna expiation’; — in Vidhānapārijāta II (p. 115); — in Parāśaramādhava (Prāyaścitta p. 425); — and in Prāyaścittaviveka (p. 391), which explains ‘apavidhya’ as ‘abandoning’, — ‘vīrahatyā’ as ‘murdering the sacrificer’.

 

Comparative notes by various authors:

Gautama (22.34). — ‘The penance of abstaining from sexual intercourse for one year shall be performed by him who extinguishes the sacred fires, who neglects the daily recitation of the Veda or who has been guilty of a minor offence.’

Vaśiṣṭha (1.18). — ‘One who extinguishes the sacred fires, or who forgets the Veda through neglect of the daily recitation, is a sinful man.’

Do. (21-27). — ‘He who extinguishes the sacred fires shall perform the Kṛcchra penance of twelve days, and shall cause them to he kindled again.’

Viṣṇu (54-13). — ‘One who forgets the Vedic texts be has studied, or who forsakes the sacred fires, must subsist on alms for one year, bathing three times, sleeping on the ground and eating only one meal a day.’

Hārīta (Aparārka, p. 1154). — ‘If the sacred fires have remained extinguished for a year, one should perform the Cāndrāyaṇa penance and kindle them again; if for two years, he should perforin the Somāyana and the Cāndrāyaṇa; if for three years, he shall repeat the Kṛcchra perance for a year and then kindle the fires again.’

Śaṅkha (Do.). — ‘One who has neglected the fires shall perform the Kṛcchra for one year and also give a cow.’

Śaṅkha-Likhita (Do.). — ‘He who neglects the fires, or he who reads the Veda improperly, shall beg alms for one year from Brāhmaṇa households.’

 

 

VERSE 11.42

Section III - Expiation for the Neglect of the Agnihotra Fire

 

ये शूद्रादधिगम्यार्थमग्निहोत्रमुपासते ।
ऋत्विजस्ते हि शूद्राणां ब्रह्मवादिषु गर्हिताः ॥४२॥

ye śūdrādadhigamyārthamagnihotramupāsate |
ṛtvijaste hi śūdrāṇāṃ brahmavādiṣu garhitāḥ ||42||

 

Those who perform the Agnihotra, after having obtained wealth from a Śūdra, are ‘Śūdra’s Priests,’ censured among Vedic scholars. — (42)

 

Medhātithi’s commentary (manubhāṣya):

People explain this verse to mean that the Agnihotra should not be performed with the wealth obtained from Śūdras, as a friendly present. The prohibition does not apply to the carrying on of such compulsory rites as have been already undertaken. It has been declared that ‘one should not perform sacrifices after having begged wealth from Śūdras, there is no harm, however, if the wealth is given unasked, and is used for the carrying on of a rite already commenced.’ Further it is only making a living by receiving gifts from improper persons that has been forbidden; while the performance of the compulsory rites by such means has been permitted. From all this the present verse is understood to be the prohibition of only the single rite of ‘Fire-laying’; specially because the text mentions simply ‘the wealth of the Śūdra,’ and does not make any such distinction as between what is obtained by begging and what is obtained unasked. If the prohibition pertained to all rites, then, since the prohibition would have been secured by the present verse, there would be no point in the prohibition of ‘begging’ contained in Verse 24. — (42)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 168); — and in Hemādri (Dāna, p. 60).

 

Comparative notes by various authors:

(verses 11.42-43)

[See above. — 11.24.]

 

 

VERSE 11.43

Section III - Expiation for the Neglect of the Agnihotra Fire

 

तेषां सततमज्ञानां वृषलाग्न्युपसेविनाम् ।
पदा मस्तकमाक्रम्य दाता दुर्गाणि सन्तरेत् ॥४३॥

teṣāṃ satatamajñānāṃ vṛṣalāgnyupasevinām |
padā mastakamākramya dātā durgāṇi santaret ||43||

 

The giver shall cut across his miseries by putting his foot upon the heads of those fools who attend upon the Śūdra’s fires. — (43)

 

Medhātithi’s commentary (manubhāṣya):

The fires are spoken of as ‘the Śūdra’s’ in the sense just explained.

The whole of this section sets forth the evil effects arising from the transgression of the above-mentioned rules — (43)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 168).

 

Comparative notes by various authors:

(verses 11.42-43)

[See above. — 11.24.]

 

 

VERSE 11.44 [Expiation: General Laws (prāyaścitta)]

Section IV - Expiation: General Laws (prāyaścitta)

 

अकुर्वन् विहितं कर्म निन्दितं च समाचरन् ।
प्रसक्तश्चैन्द्रियार्थेषु प्रायश्चित्तीयते नरः ॥४४॥

akurvan vihitaṃ karma ninditaṃ ca samācaran |
prasaktaścaindriyārtheṣu prāyaścittīyate naraḥ ||44||

 

If a man does not do what is enjoined, or does what is censured, or becomes addicted to sensual objects, he becomes liable to expiatory rites. — (44)

 

Medhātithi’s commentary (manubhāṣya):

The text now proceeds to describe those Expiatory Rites which form the subject-matter of the discourse, and first of all it describes the persons liable to the performance of these rites. What is it that makes a man liable?

‘What is enjoined’ — as a compulsory act, such as the Twilight Prayers, the Agnihotra and so forth, all such as have their compulsory character indicated by such words as ‘one shall perform the Agnihotra throughout life.’ Those acts also that have been laid down as to be done under specified circumstances, — such as bathing when one is defiled by the touch of something unclean — are included among those ‘enjoined.’

‘Does not do’ — through carelessness or laziness.

Similarly ‘what is censured’ — forbidden, such as the drinking of wine and so forth. If one, transgressing the Scriptures, has recourse to such acts.

‘Becomes liable to expiatory rites.’ — All this means that the liability in this case is conditional; the performance of expiatory rites being incumbent upon one who omits what is enjoined and does what is forbidden.

“For one who is desirous of acquiring a village the Sāṅgra haṇī sacrifice has been enjoined; so that if one who is desirous of acquiring a village is somehow unable to perform that sacrifice, this would be an omission of what is enjoined on his part; as soon as he conceives a desire for the acquisition of a village, the said sacrifice becomes for him an ‘enjoined act’; so that if he does not undertake it, he transgresses the injunction and hence should be liable to the expiatory rites.”

Our answer to the above is as follows: — What the injunction in such a case means is that ‘when one undertakes the performance of the particular sacrifice, he is led to it by a desire for the reward in the shape of a village’; so that what the scriptural injunction really does is to indicate the relation of cause and effect between the ‘sacrifice’ and the ‘acquisition of a village.’ Even though in this case also the main idea expressed by the injunctive sentence is that the act in question should be done, yet what the injunction actually does is to lay down that the act should be done only for the accomplishment of the said purpose. So that all that happens to the person omitting the performance of that sacrifice is that that purpose is not accomplished; such omission does not involve a sin; and an expiatory rite would be necessary only when there has been some sin.

“Whence is the idea derived that the omission of a compulsory duty involves sin? In connection with the Agnihotra and such other compulsory acts, we do not find any such assertion as — ‘he who does not do it incurs sin.’”

As a matter of fact we do find sentences occurring in the wake of the injunction of compulsory duties, — such as ‘vedibh-yaḥ paramā bhavati’ [which are understood to be indicative of the said idea]; and in almost all cases there are declamatory passages indicative of the sin involved in the omission of compulsory acts; and there must be some truth in these; otherwise they could not be construed along with any injunction. Even in cases where no such declamatory passages are actually found, they are always assumed in support of injunctions. In fact it is the declamatory passages that constitute the driving force behind injunctions; such driving force would not be efficient unless it were assumed that an omission would involve sin. In the actual practice of all experienced men such is the operation of all Injunctions. Injunction is as a rule known to urge people to actions; — men are never urged to anything except what serves a useful purpose for them; and it is with a view to guard against the contingency of the Injunction becoming deprived of this urging force that we have to make the said assumption (of passages declaring that omission involves sin). Though the urging power could be secured also by assuming that the act concerned leads to Heaven, yet, as such an idea would be inconsistent with the conception that the act should be done throughout life, it becomes necessary to conclude that the due performance saves one from sin. To this end we have the assertion — ‘even a hundred injunctions do not secure that activity of men which is brought about by fear.’

From all this it is clear that when the text speaks of a man not doing ‘what is enjoined,’ it refers to the compulsory acts.

“In connection with bathing on touching an unclean thing, there are no words indicating its compulsory character, like such expressions as ‘throughout life’ and the like.”

What is the need of any other words? What the text is understood to indicate is that a certain act is to be done under certain specified circumstances; and there is no need for any other driving agency. The fact of the act being compulsory is expressed by the notion that whenever the said circumstance presents itself, it should be done. In the case of Agnihotra and such other rites also, we do not find the texts actually containing the term ‘compulsory,’ — the compulsory character bring indicated only by the absolute certainty of the condition mentioned (‘throughout life,’ in connection with the Agnihotra).

‘Addicted’ — Constantly using such sensual objects as richly cooked food, sandal-paint and unguents, etc. This implies the character of bring always given to such enjoyment.

“This has been already prohibited under 4.16, where it has been said that — ‘one shall not attach himself to sensual pleasures.’”

People think that since this latter passage occurs in connection with the vows of the Accomplished Student, it cannot serve as a general Prohibition. What occurs under ‘vows’ cannot be regarded as a Prohibition; as what is enjoined under ‘vows’ is the taking of a certain resolve, in some such form as — ‘I shall not do such and such an act.’

Or, some one may be inclined to think that the former prohibition being a slight one, the offence is not a serious one. With a view to guard against this, the Author has put the offence on the same footing as other serious offences.

Or, the explanation may be that it is often found that, even though something has been forbidden in a general way, it is again forbidden specifically, for the purpose of indicating its importance.

For instance, we often meet with such assertions as — ‘The Brāhmaṇas have come, — the Vaśiṣṭhas have also come.’

‘Becomes liable to expiatory rites’ — The term ‘prāyaścitta,’ ‘expiatory rite,’ is a conventional name applied to certain rites performed under certain specified conditions, and the form ‘prāyaścittīyate’ is formed according to Pāṇini 3.1.85.

‘Man’ — This term has been added for the purpose of indicating that what is here stated applies to all the four castes. — (44)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.220), which notes that the use of the general term ‘naraḥ’ implies that what is here said is applicable to the ease of men born of reversed parentage; such general sins as those of killing and the like being possible in their case also; — in Parāśaramādhava (Ācāra p. 50), which adds that the verse is indicative of those sins that accrue from the omission, through sloth, of the obligatory duties; — in Parāśaramādhava (Prāyaścitta p. 6); — in Prāyaścittaviveka (p. 10), which says that the meaning is that the act is sinful, and hence involves expiation; — and in Smṛtisāroddhāra (p. 351).

 

Comparative notes by various authors:

(verses 11.44-47)

Mahābhārata (12-34.2). — (Same as Manu 44)

Gautama (19.2-7). — ‘A man in this world is polluted by a vile action, such as sacrificing for men unworthy to offer sacrifices, eating forbidden food, speaking what should not he spoken, neglecting what is prescribed and doing what is forbidden. People are in doubt if such a man shall, or shall not, perform a penance for such a deed. Some declare that he shall not do it, because the deed must persist. The best opinion is that he shall perform a penance. For it is declared in the Veda that one who has performed the penance of Punastoma may come back to partake of the Soma-libations.’

Baudhāyana (3.10.2-5). — [The same as Gautama; but it adds ‘accepting gifts from those whose gift should not be accepted;’ for ‘eats forbidden food,’ it has ‘Eats the food of one whose food should not he eaten,’ and it omits ‘speaking etc.’ and also ‘neglecting what is prescribed.’]

Vaśiṣṭha (20.1-2). — ‘A penance shall be performed for an offence committed unintentionally. Some declare that it shall he performed also for those committed intentionally.’

Do. (22.1-5). — ‘Now indeed man in this world speaks an untruth, or sacrifices for men unworthy to offer a sacrifice, or accepts what should not be accepted, or eats forbidden food, or does what should not be done.’ (The rest as in Gautama).

Yājñavalkya (3.219-221). — ‘A man becomes degraded by omitting to do what is enjoined, by doing what is condemned, and by not controlling the senses. Therefore for the purpose of purifying himself, he shall perform expiatory penances; thus do the people and also his own inner soul become appeased. By the performance of expiatory penances does that sin disappear which had been committed unintentionally; if the sin had been committed intentionally, the performance of the penances only makes the man fit for being associated with; such being the declaration. Those who commit sins, and yet do not perform the penances, nor repent their misdeeds, fall into terrible hells.’

Chāgaleya (Aparārka, p. 1039). — ‘The expiatory penances are for sins committed unintentionally; for those committed intentionally, there is no expiation.’

Jābāli (Parāśaramādhava-Prāyaścitta, p. 153). — ‘The Brāhmaṇas prescribe penances for sins committed unintentionally; some people prescribe them also for those committed intentionally, for twice-born men as well as for Śūdras.’

Devala (Do.). — ‘When a sin has been committed unintentionally, and only once, there is expiation prescribed for it by persons versed in the Law. If the sin is committed a second time, the penance shall he the double of the former; if it is repeated for the third time, it shall he the three-fold Kṛcchra; and for the fourth repetition, there is no expiation. Nor is there any expiation for a sin committed even once, if it has been committed intentionally. But some people lay down expiation even for sins committed intentionally.’

Aṅgiras (Do.). — ‘If the sin has been committed unintentionally, penance is performed; hut there is none for sins committed intentionally; even if there be, it will have to be double of the former.’

 

 

VERSE 11.45

Section IV - Expiation: General Laws (prāyaścitta)

 

अकामतः कृते पापे प्रायश्चित्तं विदुर्बुधाः ।
कामकारकृतेऽप्याहुरेके श्रुतिनिदर्शनात् ॥४५॥

akāmataḥ kṛte pāpe prāyaścittaṃ vidurbudhāḥ |
kāmakārakṛte'pyāhureke śrutinidarśanāt ||45||

 

The learned understand Expiatory rites to pertain to cases where the sin is committed unintentionally; some people however assert on the evidence of ‘Śruti texts’ that they apply to cases of intentional offence also. — (45)

 

Medhātithi’s commentary (manubhāṣya):

This declaration has been made for the purpose of indicating that in cases of intentional offence, the Expiatory Rite should be of a particularly serious character.

‘Committed unintentionally.’ — They declare that Expiatory Rites are meant, to be performed in cases where the ‘sin’ — the transgression of the ordinances — has been committed through negligence or want of care.

“What are the grounds for such an opinion? The law on the point is that — ‘when a man transgresses an injunction and undertakes a wrong act, he shall perform an expiatory rite.’ So that there is no ground for any differentiation.”

Some people hold that if there were no such differentiation, there would be no point in the prescribing of special Expiatory Ṛtes for cases of intentional offence.

It is for this reason that the text puts forward another view, by way of a ‘Pūrvapakṣa’ a ‘contrary view’ — ‘They apply to cases of intentional offence also.’ According to this view the meaning of the Law would be that Expiatory Rites shall be performed in cases of intentional as well as unintentional offences.

‘On the evidence of Śruti texts’ — One Vedic text indicative of the said view is found in the Upahavya-Brāhmaṇa (the story of Upahavya) — ‘Indra gave away the ascetics to the dogs.’ Such giving away could never have been unintentional; and yet the story goes on to say, it was for the purpose of expiating this sin that Prajāpati made over Upahavya to Indra. Such is the clear meaning of the text — (45)

 

Explanatory notes by Ganganath Jha:

Cf. Aitareya Brāhmaṇa 7.28.

This verse is quoted in Madanapārijāta (p. 705), which quotes a Vedic text to the effect that once Indra gave away certain sages to be devoured by the ‘Śālāvṛka’ dogs, for which sinful act Prajāpati ordained for him the expiatory rite called ‘Upahavya’, which is taken as implying that for intentional offences also there is ‘expiation.’.

It is quoted in Mitākṣarā, (3.226), as indicating that expiatory rites are to be performed in the case of intentional offences also, — and not that the sin accruing from such offences is wiped off by these rites, in the case of ‘degrading’ offences.

It is quoted in Parāśaramādhava, (Prāyaścitta, p. 152), to the effect that in the case of intentional offences, there can be expiation, only according to some authorities, not all; — and in Prāyaścittaviveka, (p. 18), which says that stress is meant to the laid upon ‘akāmakāḥ’ as it is only for unintentional delinquencies that there is expiation, and in reference to ‘Śrutividarśanāt,’ it quotes the Śruti-passage describing the story of Indra and the Śālavṛkas.

 

Comparative notes by various authors:

(verses 11.44-47)

See Comparative notes for Verse 11.44.

 

 

VERSE 11.46

Section IV - Expiation: General Laws (prāyaścitta)

 

अकामतः कृतं पापं वेदाभ्यासेन शुध्यति ।
कामतस्तु कृतं मोहात् प्रायश्चित्तैः पृथग्विधैः ॥४६॥

akāmataḥ kṛtaṃ pāpaṃ vedābhyāsena śudhyati |
kāmatastu kṛtaṃ mohāt prāyaścittaiḥ pṛthagvidhaiḥ ||46||

 

A sin committed unintentionally is expiated by the reciting of the Veda; while that committed intentionally, in folly, is expiated by the various forms of expiatory rites. — (46)

 

Medhātithi’s commentary (manubhāṣya):

Question. — “Do these Expiatory Rites end only with their performance (without bringing about any effects), just like the Twilight Prayers and other rites? Or, do they continue until definite effects are produced, in the form of the actual removal of the guilt like the act of cleansing the body (which ends only with the actual removal of the dirt)?”

In answer to this some people offer the following explanation: — As a matter of fact no action is ever lost; both merit and demerit (due to actions) end only with the bringing about of their effects; no actions ever disappear until they have brought about their effects. This is what is meant by the assertion that ‘no action is ever lost’ Hence the man who commits a transgression must experience the tortures of hell, as the result of that transgression, [so that no expiation of any transgression is possible]; and the only effect of his not performing the prescribed expiatory rite would be that he shall also transgress the law laying down such rite, and thus commit a further offence.

This, however, is not right Because, simply because the texts lay down that the rite shall be performed, such rite does not become compulsory [and it is only the omission of a compulsory act that involves sin]. All that is said is that the man becomes ‘cleansed’; from which it is clear that this cleansing is the purpose served by the expiatory rite. So that when expiatory rites are performed, one would wash off his sins; and this would he done because of the sin having been committed by the man himself.

It has been argued above that — “all that has been indicated is that sin is incurred by the man who commits an act that has been forbidden by a prohibitive text; and not that the sin becomes nullified by means of expiations.”

But this also is not right. Because what has been indicated is that the said act becomes a source of suffering; now in Expiation also there is much suffering in the form of penances and charities; and it is quite possible that the small amount of suffering undergone in the shape of these latter should prevent the onset of the greater sufferings threatening in the future. Just as a serious disease is prevented by the eating of bitter medicines and keeping on low diet; or again, when a man having committed an offence surrenders himself to the king and confesses his guilt, saying — ‘I have done such and such an act,’ — the punishment inflicted upon such a man is only half of what is prescribed for that offence; while if he were arrested by the king’s officers and brought to court, his punishment would be much severer.

Thus it is that the utility of the injunctions in question (of expiations) becomes established. That the rites are destructive of the effects of sins has to be admitted on the strength of the injunctions themselves. It is for this reason that these rites have been called ‘expiatory’ of sins; for the sin is said to be ‘expiated’ only when it has become deprived of its causal efficiency.

For the same reason the Expiatory Rite cannot be regarded as restoring the rights and privileges lost by. reason of the guilt; since it is only in the case of the five most heinous offences that any loss of privileges has been mentioned, — the very term ‘becoming an outcast’ meaning the loss of the privileges of the caste.

In connection with the present context it should not be understood that any such marked distinction is intended as that ‘in the case of unintentional offences the expiation consists in the reciting of the Veda, and in that of intentional offences of penances’; — because as a matter of fact both kinds of expiation have been laid down in connection with both kinds of offences; specially as every rule regarding an expiatory rite starts off with the defining of the occasion for expiation; e.g., ‘The Slayer of a Brāhmaṇa shall make a cut, etc, etc.’ (11.72)

Thus then, all that the verse means is that — ‘there is heavy expiation in the case of intentional offences, and a lighter one in that of unintentional ones.’

“In fact when a man commits an act unintentionally, he is not the doer of that act; as one is called the ‘doer’of an act only when he does it intentionally; as we find people making such assertions as — ‘This man is not doing such and such an act, he is being made by fate to do it’ Further, it is only as done with a distinct motive towards it that an act forms the subject of a prohibition; e.g., it is only when a man evinces a desire for drinking wine that he is told ‘not to drink the wine’; and if a man eager for a drink of water drinks wine thinking it to be water, he does not incur any guilt; and this for the simple reason that his action has not been prompted by the motive to drink wine. It might be argued that it is only an action that has formed the subject of an Injunction that cannot be forbidden. This is quite true, so far as actions without a purpose are concerned; but of actions with a purpose, a prohibition is always possible.”

In answer to this some people offer the following explanation: — What forms the subject-matter of prohibitive texts is the affirmation of an act as extending up to the sin that its commitment involves; just as it does in the case of taking poison.

For these people the objection has no force at all. As regards the taking of ‘poison,’ there can be no distinction as to its being done intentionally or unintentionally; in either case the act must lead to death.

Similarly in the case of such acts as ‘the Slaying of a Brāhmaṇa’ and the like.

According to some people an act is done because of the declaration that it shall be done, and it is not done because of the declaration that it shall not be done. And by this view also prohibitions apply to only one who is going to do some ordinary act; it is only when a man is going to do an act that he is called its ‘doer.’ But a man can be a ‘doer’ even without knowing it, as when he falls down a river-bank. It cannot be said that in such a case the man is called a ‘doer’ only in the figurative sense; because the doer (nominative) has been defined only as ‘one who is his own master regarding the act,’ and not as ‘one who does an act intentionally

Further, from the present text itself it is clear that even acts due to sheer negligence have been held to involve sin, and hence necessitate expiation. What is the need of any further assumptions? — (46)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā, (3.226), to the effect that the sin accruing from ‘non-degrading’ offences even when intentional, is wiped off by the performance of expiatory rites; — in Aparārka, (p. 1040) — in Madanapārijāta, (p. 705); — in Prāyaścittaviveka, (p. 18), which says that all that is meant by the mention of ‘Vedabhyāsa’ is that the expiation of unintentional delinquencies is lighter than that for intentional ones, — it explains ‘pṛthagvidhaiḥ’ as ‘other kinds of expiation’; — and in Smṛtisāroddhāra, (p. 354).

 

Comparative notes by various authors:

(verses 11.44-47)

See Comparative notes for Verse 11.44.

 

 

VERSE 11.47

Section IV - Expiation: General Laws (prāyaścitta)

 

प्रायश्चित्तीयतां प्राप्य दैवात् पूर्वकृतेन वा ।
न संसर्गं व्रजेत् सद्भिः प्रायश्चित्तेऽकृते द्विजः ॥४७॥

prāyaścittīyatāṃ prāpya daivāt pūrvakṛtena vā |
na saṃsargaṃ vrajet sadbhiḥ prāyaścitte'kṛte dvijaḥ ||47||

 

Having incurred the liability to an expiatory rite, — either by chance or by a previous deed, — a twice-born person shall not associate with righteous men, so long as the expiatory rite has not been performed. — (47)

 

Medhātithi’s commentary (manubhāṣya):

‘By chance’ — through his own negligence.

Some people read ‘mohāt’ in place of ‘daivāt.’ It is only through folly (‘mohāt’) that people commit misdeeds; which man, who is not a fool, shall ever transgress a scriptural injunction?

‘By a previous misdeed’ — Some evil deeds committed in previous life, whose effects have been already experienced, and which are inferred from such physical defects as disfigured nails and the like.

The meaning of all this is as follows: — Transgressions done in the present life are either intentional or unintentional; and the same should be inferred also in the case of acts done in previous lives.

“But what is the expiation to be done in the case of disfigured nails and such physical defects?”

The ‘Kṛcchra,’ the ‘Atikṛcchra’ and the ‘Cāndrāyaṇa’ are expiatory rites applicable to all cases; though Vaśiṣṭha has declared that ‘the man should perform that special expiatory rite somehow connected with that which is indicative of the previous sin.’

What the present text thus means is that those who have not performed the Expiatory Rite to which they are liable shall avoid associating with righteous men; i.e., they should not mix with them in study and such acta

Though the act of ‘associating’ pertains to both parties, and hence when prohibited in reference to one, it becomes forbidden for both, — yet the prohibition is again repeated (in 189) in the form that ‘righteous men shall not associate with them,’ and this is on account of the agents concerned in the two cases being different. If there were prohibition in reference to one party only, then a transgressing of this prohibition would render that, party alone liable to expiation, — and not the other party, even though the latter also would have done the act of ‘associating.’ Hence with a view to indicate the liability of both parties we have the two distinct prohibitions — one for the righteous and another for the unrighteous. The upshot of all this is that no one should associate with persons with black teeth and so forth, until they have performed the necessary expiatory rite. — (47)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta, (p. 774), which adds the following notes: — ‘Daivāt,’ i.e., for the sake of some offence committed during the present life, — or for that of some offence the antenatal committing of which is indicated by the presence, in the person, of such defects as consumption, rotten nails, black teeth and so forth, — one should perform the expiatory rites prescribed by Vaśiṣṭha; but the expiation performed should be that prescribed for the presence of the said defects, not that for the offences of which those defects are known to be the effects, — e.g. the presence of rotten nails has been held to he the effect of stealing gold in a previous life, or consumption is held to be the effect of Brāhmaṇa-slaughter committed in a previous life.

It is quoted in Nṛsiṃhaprasāda, (Prāyaścitta, p. 2a); — and in Prāyaścittaviveka, (p. 141 and 148), as forbidding association with sinners.

 

Comparative notes by various authors:

(verses 11.44-47)

See Comparative notes for Verse 11.44.

 

 

VERSE 11.48 [Physical Effects of Unexpiated Offences committed in Previous Lives]

Section V - Physical Effects of Unexpiated Offences committed in Previous Lives

 

इह दुश्चरितैः के चित् के चित् पूर्वकृतैस्तथा ।
प्राप्नुवन्ति दुरात्मानो नरा रूपविपर्ययम् ॥४८॥

iha duścaritaiḥ ke cit ke cit pūrvakṛtaistathā |
prāpnuvanti durātmāno narā rūpaviparyayam ||48||

 

Evil-minded men suffer disfigurement, — some from evil deeds committed during the present life and others from those committed in former lives. — (48)

 

Medhātithi’s commentary (manubhāṣya):

What has been explained above is made clear now.

‘Some from evil deeds committed during the present life’ — i.e., by doing forbidden acts in their present birth.

‘By those committed in former lives’ — as explained above.

It is this ‘disfigurement,’ as indicative of past sins that is now described in detail. — (48)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka, (p. 6).

 

Comparative notes by various authors:

(verses 11.48-52)

[See below. — 12.53 et seq.]

Vaśiṣṭha (20.43-44). — ‘They quote the following: — “Hear how the bodies of those who, having committed various crimes, died a long time ago, and were horn again, are marked: — A thief will have deformed nails, the murderer of a Brāhmaṇa will he afflicted with white leprosy; he who has drunk wine will have black teeth, and the violator of the Guru’s bed will suffer from skin-diseases.”’

Vaśiṣṭha (20.6). — ‘The man with deformed nails or black teeth should perform the Kṛcchra penance of twelve days’ duration.’

Viṣṇu (45.1-33). — ‘After having undergone thè torments in the hells, and having passed through the animal bodies, the sinners are born as human beings with the following marks: — A criminal of the highest degree shall have leprosy; a slayer of a Brāhmaṇa, consumption; a wine-drinker, black teeth; a stealer of gold (belonging to a Brāhmaṇa), deformed nails; a violator of his spiritual teacher’s bed a disease of the skin; a calumniator, a stinking nose; a malicious informer, stinking breath; a stealer of grain, a limb too little; one who steals by mixing (i.e., by taking good grain and replacing the same amount of bad grain in its stead), a limb too much; a stealer of food, dyspepsia; a stealer of words, dumbness; a stealer of clothes, white leprosy; a stealer of horses, lameness; one who pronounces an execration against a God or a Brāhmaṇa, dumbness; a poisoner, a stammering tongue; an incendiary, madness; one disobedient to a Guru (father), the falling sickness; the killer of a cow, blindness; the stealer of a lamb, the same; one who has extinguished a lamp, blindness with one eye; a seller of tin, chowries, or lead, is born a dyer of cloth; a seller of (horses or other) animals whose foot is not cloven, is born a hunter: one who eats the food of a person born from adulterous intercourse, is born as a man who suffers his mouth to he abused; a thief (of other property than gold), is born a bard; a usurer becoms epileptic; one who eats dainties alone, shall have rheumatics; the breaker of a convention, a bald head; the breaker of a vow of chastity, swelled legs; one who deprives another of his subsistence, shall be poor; one who injures another (without provocation), shall have an incurable illness. Thus according to their particular sins, are men born, marked by evil-signs, sick, blind, hump-backed, halting, one-eyed; others as dwarfs, or deaf, or dumb, feeble-bodied (eunuchs, whitlows, and others). Therefore must penances be performed by all means.’

Yājñavalkya (3.209-215). — ‘The Brāhmaṇa slayer becomes consumptive, the wine-drinker has black teeth, the gold stealer has deformed nails; the violator of the Guru’s bed suffers from skin diseases; the stealer of food becomes dyspeptic; the stealer of words, dumb; the mixer of grains has a limb too many; the back-biter has stinking nostrils; the stealer of sesamum becomes the oil-drinking animal; calumniator has stinking mouth; one who has intercourse with another’s wife and one who steals a Brāhmaṇa’s property becomes a Brahmarākṣasa in a desolate forest; those who steal gems are born in low castes; one who steals clothes suffers from white leprosy.’

 

 

VERSE 11.49-52

Section V - Physical Effects of Unexpiated Offences committed in Previous Lives

 

सुवर्णचौरः कौनख्यं सुरापः श्यावदन्तताम् ।
ब्रह्महा क्षयरोगित्वं दौश्चर्म्यं गुरुतल्पगः ॥४९॥

पिशुनः पौतिनासिक्यं सूचकः पूतिवक्त्रताम् ।
धान्यचौरोऽङ्गहीनत्वमातिरैक्यं तु मिश्रकः ॥५०॥

अन्नहर्ताऽमयावित्वं मौक्यं वागपहारकः ।
वस्त्रापहारकः श्वैत्र्यं पङ्गुतामश्वहारकः ॥५१॥

एवं कर्मविशेषेण जायन्ते सद्विगर्हिताः ।
जडमूकान्धबधिरा विकृताकृतयस्तथा ॥५२॥

suvarṇacauraḥ kaunakhyaṃ surāpaḥ śyāvadantatām |
brahmahā kṣayarogitvaṃ dauścarmyaṃ gurutalpagaḥ ||49||

piśunaḥ pautināsikyaṃ sūcakaḥ pūtivaktratām |
dhānyacauro'ṅgahīnatvamātiraikyaṃ tu miśrakaḥ ||50||

annahartā'mayāvitvaṃ maukyaṃ vāgapahārakaḥ |
vastrāpahārakaḥ śvaitryaṃ paṅgutāmaśvahārakaḥ ||51||

evaṃ karmaviśeṣeṇa jāyante sadvigarhitāḥ |
jaḍamūkāndhabadhirā vikṛtākṛtayastathā ||52||

 

The stealer of gold has disfigured nails; the drinker of wine, black teeth; the slayer of a Brāhmaṇa, consumption; and the violator of his preceptor’s bed, a disfigured skin; — (49) the informer, a foul-smelling nose; the false caluminator, a foul-smelling mouth; the stealer of grains, a deficiency of limbs; and the adulterator, an excess of limbs; — (50) the stealer of food, dyspepsia; the stealer of words, dumbness; the stealer of clothes, leucoderma; and the stealer of horse, lameness. — (51) It is thus that idiots, the dumb, the blind, the deaf and deformed men, despised by righteous men, are born, on account of particular acts. — (52)

 

Medhātithi’s commentary (manubhāṣya):

(verses 11.49-52)

By killing a Brāhmaṇa one becomes affected by consumption — a very serious disease known among physicians by that name.

One who has intercourse with his preceptor’s wife suffers from ‘disfigured skin.’

The ‘informer’ has a nose emitting nauseous smell; and ‘the false caluminator has a foul-smelling mouth.’

“The caluminator also is only an informer.”

True; but one of them (the former) assumes other people’s defects, while the other describes only those that really exist; — that is the sole difference between the two.

‘Excess of limbs’ — more than the natural number.

‘Adulterator’ — one who mixes commodities with inferior ones resembling it, e.g., saffron with the Kusumbha flower.

‘Dyspeptic’ — one who cannot digest the food eaten.

‘Dumbness’ — Incapability of speech; e.g., the idiot, the epileptic and the like.

The rest is well known.

‘Deformed.’ — Their figure is despicable.

All this is the result of ‘particular acts.’ These acts bring about the said effects instead of making the men sink into hell and suffer after-death tortures; or even for those who, even though they have passed through all these latter, have still some remnant left of the force of their past misdeeds; or for those in whose case the force of their meritorious deeds being greater, the effects of the evil deeds have had no occasion to assert themselves. In all such cases there is a ‘residue’ of past acts. — (49-52)

 

Explanatory notes by Ganganath Jha:

(verse 11.51)

‘Vāgapahārakaḥ.’ — ‘Stealer of speech’, — i.e., one who learns the Veda by stealth’ (Govindarāja, Kullūka and Rāghavānanda); — ‘a plagiarist’ (Nārāyaṇa).

[The additional verse, relating to the ‘stealer of a lamp’ has been translated by Buhler as part of the text; it has been so accepted by Rāghavānanda and Rāmacandra, but not by the other commentators. We have followed the text of Medhātithi here; hence from this verse onward our verse-numbering will be one less than that in Buhler], This additional verse is quoted in Smṛtitattva, (p. 248).

 

Comparative notes by various authors:

(verses 11.48-52)

[See below. — 12.53 et seq.]

See Comparative notes for Verse 11.43.

 

 

VERSE 11.53

Section V - Physical Effects of Unexpiated Offences committed in Previous Lives

 

चरितव्यमतो नित्यं प्रायश्चित्तं विशुद्धये ।
निन्द्यैर्हि लक्षणैर्युक्ता जायन्तेऽनिष्कृतेनसः ॥५३॥

caritavyamato nityaṃ prāyaścittaṃ viśuddhaye |
nindyairhi lakṣaṇairyuktā jāyante'niṣkṛtenasaḥ ||53||

 

Because persons with sins unexpiated are born with disgraceful marks, therefore expiatory rites shall always be performed, for the purpose of purification. — (53)

 

Medhātithi’s commentary (manubhāṣya):

‘Disgraceful marks’ — Disfigured nails, black teeth and so forth. — (53)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā, (3.220), to the effect that the omission of an expiatory rite involves sin; — in Parāśaramādhava (Prāyaścitta. p. 3) to the same effect — in Smṛtitattva, (p. 473); — and in Prāyaścittaviveka, (p. 17).

 

Comparative notes by various authors:

Yājñavalkya (3.220). — ‘Therefore, for his purification, the sinner should perform expiatory penances; thus do the people and his own self become appeased.’

 

 

VERSE 11.54 [Offences: their Classification]

Section VI - Offences: their Classification

 

ब्रह्महत्या सुरापानं स्तेयं गुर्वङ्गनागमः ।
महान्ति पातकान्याहुः संसर्गश्चापि तैः सह ॥५४॥

brahmahatyā surāpānaṃ steyaṃ gurvaṅganāgamaḥ |
mahānti pātakānyāhuḥ saṃsargaścāpi taiḥ saha ||54||

 

Brāhmaṇa -slaying, wine-drinking, theft, intercourse with the Preceptor’s wife, — are called the ‘heinous offences,’ as also association with these. — (54)

 

Medhātithi’s commentary (manubhāṣya):

(a) Intercourse with the Preceptor’s wife, (b) Theft, and (c) Association with outcasts, — these are ‘heinous offences’ for all castes; — ‘wine-drinking’ is so only for the Brāhmaṇa.

‘Theft’ — stands here for the stealing of gold belonging to a Brāhmaṇa; as is clear from another Smṛti text, which says that — ‘The stealing of Brāhmaṇa’s gold constitutes a heinous offence.’ The term ‘pātaka’ (offence) literally signifying ‘that which degrades,’ is applied to all transgressions, major as well as minor, and, in the name ‘mahā-pātaka,’ the qualifying epithet ‘mahā’ is meant to indicate the great seriousness of the offence.

‘Association with these’ — with any one of them; details regarding this are going to be described under 180 below. — (54)

 

Explanatory notes by Ganganath Jha:

Cf. 9.235.

This verse is quoted in Madanapārijāta, (p. 786). — in Aparārka, (p. 1044), which adds that ‘surā’ stands here for the ‘Paiṣṭī’ i.e., liquor distilled from grains; — in Nṛsiṃhaprasāda, (prāyaścitta, 3b); — and in Prāyaścittaviveka, (p. 39 and 140).

 

Comparative notes by various authors:

[See above. — 9.235.]

Gautama (21.1). — ‘The slayer of a Brāhmaṇa, he who drinks wine, the violator of the Guru’s bed, he who has connection with the female relations of his mother and of his father, or with sisters and their female offspring, he who steals gold, an atheist, he who constantly repeats reprehensible acts, he who does not cast off persons guilty of a crime causing loss of caste and he who forsakes blameless relatives, — all these become outcasts.’

Āpastamba (1.21.7-8). — ‘Stealing gold, crimes whereby one becomes accused, homicide, neglect of the Vedas, causing abortion, incestuous connection with relations born of the same womb as the mother or the father, and with the offspring of such persons, drinking wine, and intercourse with persons whose intercourse is forbidden; these are actions that cause loss of caste.’

Vaśiṣṭha (1.19-21). — ‘They state that there are five Mahāpātakas: stealing gold, the violation of Guru’s bed, drinking Surā, slaying a learned Brāhmaṇa, and associating with outcasts, either spiritually or matrimonially.’

Viṣṇu (35.1-2). — ‘Killing a Brāhmaṇa, drinking wine, stealing Brāhmaṇa’s gold, and sexual connection with a Guru’s wives are Mahāpātakas; also social intercourse with such criminals.’

Yājñavalkya (3.227). — ‘Brāhmaṇa-slayer, wine-drinker, stealer (of gold), violators of Guru’s bed; these are the Mahāpātakins, as also one who associates with these for one year.’

 

 

VERSE 11.55

Section VI - Offences: their Classification

 

अनृतं च समुत्कर्षे राजगामि च पैशुनम् ।
गुरोश्चालीकनिर्बन्धः समानि ब्रह्महत्यया ॥५५॥

anṛtaṃ ca samutkarṣe rājagāmi ca paiśunam |
guroścālīkanirbandhaḥ samāni brahmahatyayā ||55||

 

Lying for self-aggrandisement, caluminating before the king, and falsely harassing the Preceptor are equal to ‘Brāhmaṇa -killing.’ — (55)

 

Medhātithi’s commentary (manubhāṣya):

‘Samutkarṣe’ — The Locative ending denotes purpose; just as in the expression ‘carmaṇi dvīpinam hanti’ (‘kills the tiger for the sake of his skin’). When a man lies with the motive of securing honour for himself, his offence is equal to that of killing a Brāhmaṇa. For instance, on an occasion great honour or much wealth is expected to be obtained by every one who is a Brāhmaṇa, or a Vedic scholar, or belongs to a high family, — if one falsely represents himself as such; or when a person needs a qualified recipient for his gifts, if one, though not so qualified, represents himself to be as such. In such cases the man lies ‘for self-aggrandisement’; this is what is meant, and not any small gain for oneself; even though this latter also may be called ‘samutkarṣe.’

One is said to ‘caluminate’ people when he falsely attributes evils to him.

‘Falsely harassing the preceptor’ — causing him pain and anxiety by falsely telling him such things as ‘your unmarried daughter is pregnant,’ and so forth; which implies needless hatred. Or, ‘nirbandha’ may stand for quarrelling with him before the King, or bringing a false (barge against him. Says Gautama, — ‘False accusation of the Teacher, etc...... are equal to the heinous offences.’ (21.10) — (55)

 

Explanatory notes by Ganganath Jha:

‘Guroścālīkanirbandhaḥ.’ — ‘Wrongfully going to law against the teacher’ (Medhātithi), or ‘falsely accusing the teacher’ (Medhātithi, Govindarāja and Kullūka); — ‘Repeatedly doing what is disagreeable to the teacher’ (Nārāyaṇa and Nandana).

This verse is quoted in Parāśaramādhava (Prāyaścitta, p, 419), as enumerating offences on the same footing as Brāhmaṇa-slaughter; — in Aparārka (p. 1047), which adds the following notes: — On the occasion of the examination of the disputed superiority of qualifications of two rivals, if the Judge pronounces a false judgment, this act is as sinful as the killing of a Brāhmaṇa; ‘alīkanirbandha’ is false accusation; — and in Madanapārijātā (p. 807), which adds the explanation that ‘when a man without knowing the our Vedas, represents himself to the king as knowing them, — and some one is asked to examine the validity of the claim — if this latter should make a false report, the sin incurred by him is equal to that involved in Brāhmaṇa-slaughter’.

It is quoted in Prāyaścittaviveka (p. 177), which adds the following notes — ‘Anṛtañca samutkarṣe’ means the misrepresentation of oneself as possessing qualities which are not really possessed, e.g., when a Śūdra says ‘I am a Brāhmaṇa’ and wears the sacred thread, — or misrepresentation regarding the qualifications of another person e.g., if one were to say of a learned Brāhmaṇa that he knows nothing, — this is equal to ‘Brāhmaṇa-murder’, — i.e. involves the twelve-year penance; — this refers to cases of intentional and repeated acts, — ‘paiśuna’ is backbiting to the king, and ‘guroḥ &c.’ is false accusation of one’s father.

 

Comparative notes by various authors:

(verses 11.55-56)

Gautama (21.10). — ‘Giving false evidence, calumnies which will reach the ears of the king, an untrue accusation against the Guru, are equal to the Mahāpātakas.’

Do. (21.1). — See under 54.

Viṣṇu (36.1). — ‘Killing a Kṣatriya or a Vaiśya, engaged in a sacrifice, or a woman in her courses, or a pregnant woman, or a Brāhmaṇa woman who has bathed after temporary uncleanliness, or an embryo of an unknown sex, or one come for protection, are crimes equal to the crime of Brāhmaṇa-killing.’

Do. (36.2). — ‘Giving false evidence, killing a friend, these are equal to wine-drinking.’

Do. (37.1-5). — ‘Setting one’s self up by false statements, making statements which will reach the ears of the King, regarding a minor offence committed by some one, unjustly upbraiding a Guru, reviling the Veda, forgetting the studied Vedic texts; these are crimes of the fourth degree.’

Yājñavalkya (3.228-29). — ‘Insulting one’s Guru, reviling the Veda, killing a friend, forgetting what has been learnt, these are equal to Brāhmaṇa-killing; eating forbidden food, dishonesty, lying for aggrandisement, kissing a woman in the courses, are equal to wine-drinking.’

Āpastamba (1.21.8). — See under 54.

 

 

VERSE 11.56

Section VI - Offences: their Classification

 

ब्रह्मोज्झता वेदनिन्दा कौटसाक्ष्यं सुहृद्वधः ।
गर्हितानाद्ययोर्जग्धिः सुरापानसमानि षट् ॥५६॥

brahmojjhatā vedanindā kauṭasākṣyaṃ suhṛdvadhaḥ |
garhitānādyayorjagdhiḥ surāpānasamāni ṣaṭ ||56||

 

Neglecting the Veda, reviling the Veda, bearing false witness, slaying a friend, and eating of forbidden and unfit food, — these six are equal to ‘wine-drinking.’ — (56)

 

Medhātithi’s commentary (manubhāṣya):

After having learnt the Veda, if one forgets it on account of not keeping up its study, he is said to ‘neglect the Veda.’ Or it may stand for the disobedience of the injunction of Vedic study, as a compulsory duty.

‘Bearing false witness’ — even on occasions other than for self-aggrandisement.

‘Slaying’ — killing — ‘of a friend.’

‘Eating of forbidden and unfit food.’ — ‘Forbidden,’ such as garlic and the rest; ‘unfit,’ — i.e., unpleasant. If such food is intentionally eaten. — (56)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.231), to the effect that though the offences here enumerated have been placed by Yājñavalkya in the same category as ‘Brāhmaṇa-slaughter’, while Manu classes them with ‘wine-drinking’, — yet all that this implies is that there are alternative expiatory rites.

It, is quoted in Aparārka (p. 1047), as placing on the same footing as ‘wine-drinking’, such offences as ‘forgetting’ and ‘reviling’ the Veda and the killing of a friend; and the meaning of this is that there are alternative expiatory rites; — it explains ‘anādyam’ as uneatable on account of bad smell and the like.

It is quoted in Parāśaramādhava (Prāyaścitta p. 293) in support of the view that these offences are ‘anupātakas’ ‘ancillary sins’, as distinguished from ‘upapātakas’ ‘minor sins’.

It is quoted in Madanapārijata (p. 807), which makes the same remark as Mitākṣarā; — and again on p. 825, where the following notes are added: — According to Smṛtimañjarī, ‘garhita’ stands for onions and such other forbidden food, and ‘anādya’ for impure food; while according to Kalpataru ‘garhita’ stands for such food as, though not forbidden by the scriptures, is deprecated by the people: — ‘anādyam’, garlic and such things; — the eating of these things is equal to wine-drinking, only when it is done intentionally.

It is quoted in Prāyaścittaviveka (p. 177), which has the following notes — ‘Brahmojjhatā’ means ‘forgetting the Veda through neglect of proper study,’ — ‘Vedanindā’, passing deprecatory remarks against the words and contents of the Vedas — ‘Suhṛdvadha’, murdering of a friend other than the Brāhmaṇa, — ‘garhītānna’ is ‘food of the lowest born’, — ‘garhitādya’, is forbidden food, e.g., mushrooms and so forth, of which repeated eating is meant here. It notes the reading ‘garhitānādya’ as adopted by Kalpataru, which explains ‘garhita’ as ‘what is forbidden by the scriptures’, and ‘anādya’ as ‘what is very much deprecated among the people, such as garlic &c.’

 

Comparative notes by various authors:

(verses 11.55-56)

See Comparative notes for Verse 11.56.

 

 

VERSE 11.57

Section VI - Offences: their Classification

 

निक्षेपस्यापहरणं नराश्वरजतस्य च ।
भूमिवज्रमणीनां च रुक्मस्तेयसमं स्मृतम् ॥५७॥

nikṣepasyāpaharaṇaṃ narāśvarajatasya ca |
bhūmivajramaṇīnāṃ ca rukmasteyasamaṃ smṛtam ||57||

 

Stealing of a deposit, or of men, horse, silver, land, diamonds and other oems, — all this has been declared to be equal to the ‘stealing of gold.’ — (57)

 

Medhātithi’s commentary (manubhāṣya):

‘Deposit’ — even such as consists of not very valuable things.

‘Men.’ — This term stands for the kind; hence the stealing of women also stands on the same footing. This same sin accrues to him who, after having betrothed his daughter to one man, gives her ultimately to another, even when no defects have been found in the former bridegroom. This is what has been described as the man ‘falling upon a lie.’ — (57)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.265), as referring to the stealing of property belonging to the Brāhmana; — in Parāśaramādhava (Prāyaścitta p. 421); — in Aparārka (p. 1048); — and in Prāyaścittaviveka (p. 177 and 344), which has the following note — ‘Deposit’, belonging to the Brāhmaṇa.

 

Comparative notes by various authors:

Baudhāyana (2.2.3-4). — ‘Stealing the property of a Brāhmaṇa or a deposit, giving false evidence regarding land.’

Viṣṇu (36.3). — ‘Appropriating to one’s self land belonging to a Brāhmaṇa or a deposit, are crimes equal to theft of gold.’

Yājñavalkya (3.230). — ‘Stealing of a horse, of gems, of human females, of land, and of cows, or of deposit, these are equal to gold-stealing.’

 

 

VERSE 11.58

Section VI - Offences: their Classification

 

रेतःसेकः स्वयोनीषु कुमारीष्वन्त्यजासु च ।
सख्युः पुत्रस्य च स्त्रीषु गुरुतल्पसमं विदुः ॥५८॥

retaḥsekaḥ svayonīṣu kumārīṣvantyajāsu ca |
sakhyuḥ putrasya ca strīṣu gurutalpasamaṃ viduḥ ||58||

 

Carnal intercourse with one’s uterine sister, or with virgins, or with low-born women, or with the women of one’s friend or son, — all this they regard as equal to the ‘violating of the Preceptor’s bed.’ — (58)

 

Medhātithi’s commentary (manubhāṣya):

‘Uterine sisters’ — sisters horn of the same mother as oneself.

‘Virgins’ — unmarried women.

‘Low-born women’ — wild women.

‘Friend’ — companion; his ‘women.’

The use of the generic term ‘women’ indicates that it is not only the wife that is meant What is meant is a woman kept for carnal purposes, by the friend or the son.

What we hold however is that, even though the text has used the generic term‘women,’ yet it cannot be regarded as putting the married and the unmarried women on the same footing; because such an equalisation would be highly unreasonable.

What is said here is not for the purpose of indicating what the exact expiatory rite in the case should be, but with a view to indicate [the seriousness of the crime; which, of course, means that] the expiation also should be heavy. This is what has been set forth in the declaration — ‘these shall be heavy in the case of serious, and light in that of lighter, crimes.’ If all this were for this purpose of indicating the exact expiatory rite, it should have occurred under the section dealing with these rites proper. Further, since‘bearing false witness,’ and‘slaying of a friend,’ are here placed on the same footing as‘wine-drinking,’ the expiation for these could not be prescribed as the same as that in the case of‘Brāhmaṇa-killing’; — secondly, the‘falsely harassing the Preceptor’ has here been declared to be equal to‘Brāhmaṇa-killing,’ and yet later on it has been considered necessary to lay down again for this offence the same expiation as for‘Brāhmaṇa-killing’; — thirdly, carnal intercourse with a‘virgin’ has here been said to be equal to the‘violating of the Preceptor’s bed,’ and yet it was considered necessary to prescribe again for this offence the same expiation as that for the said‘violating of the Preceptor’s bed.’ From all this it is clear that the present equalising of the various sins here with one or the other of the heinous offences is not meant to be an injunction of the necessary expiatory rites.

Other people think that even though all that is meant is to indicate the seriousness of the crimes, yet there is nothing unreasonable in the equalisation here set forth; which may, therefore, be taken as meant to indicate the exact expiations. As for the fact that, even though‘bearing false witness,’ and ‘slaying a friend’ are here put on the same footing as‘winedrinking.’ yet the exact expiation for it has been prescribed to be the same as that for Brāhmaṇa-killing, — this means simply that the two expiations are meant to be optional. Where there is absolute equalisation, there can be no option; as is clear from Verse 87 below. — (58)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.231), to the effect that the ‘intercourse’ meant here is the actual consummation of the act, as is clear from the use of the term ‘retaḥseka’; — in Aparārka (p. 1048), which also adds that if the intercourse ceases before actual emission, the offence is not equal to the ‘violation of the Teacher’s bed — in Parāśaramādhava (Prāyaścitta p. 251), which adds that this refers to cases where, the act is repeated for fifteen days; — in Madanapārijāta (p. 844), which notes that the use of the expression ‘retaḥseka’ indicates that if the act ceases before emission, it involves an expiation lighter than that in the case of ‘the violation of the Teacher’s bed’; — and in Prāyaścittaviveka (p. 177), which has the following notes — ‘Svayonyāsu’, Sapiṇḍa-women, and such women as are blood-relations of one’s father or mother, — ‘kumārīṣu’ Brāhmaṇa virgins, — ‘Antyajāsu’, Caṇḍāla and other low-born girls, — ‘Sakhyuḥ strīṣu’, wives of Brāhmaṇa friends, — ‘putrastrīṣu’, wives of sons born of wives of different castes, or wives of sons other than the ‘body born’.

 

Comparative notes by various authors:

(verses 11.58-66)

Gautama (21.1). — (See under 54.)

Do. (21.11). — ‘The guilt of a minor offence rests on those who are defilers of company, or killers of kine, or those who forget the Veda, those who pronounce the Vedic texts for sinners, students who break the vow of chastity, and those who allow the time of initiation to pass.’

Baudhāyana (2.2.5, 13). — ‘Trading with merchandise of any description; the following are the minor offences involving loss of caste. Intercourse with women who should not he approached, cohabitation with the female friend of a female Guru, with the female friend of a male Guru, with an Apapātra woman, and a female outcast, — following the medical profession, sacrificing for the multitude, living by the stage, following the profession of the dancing master, or singing master or acting master, tending cows and buffaloes, and so forth, and also fornication.’

Āpastamba (1.21.7-9, 14-15, 17-18). — ‘The following acts cause loss of caste: stealing gold, crimes that make one accused, homicide, neglect of the Vedas, causing abortion, incestuous connection with relations born of the same womb as one’s father or mother, or with the offsprings of such relations, drinking wine, intercourse with persons intercourse with whom is forbidden. That man falls who has connection with a female friend of a female Guru, or with a female friend of a male Guru, or with any married woman. Eating forbidden flesh, as of a dog, a man, a village-cock or village pigs, or carnivorous animals; eating what is left by a Śūdra, the cohabitation of Aryans with Apapātra women. Some say that these also lead to loss of caste.’

Viṣṇu (36.4-7). — ‘Sexual connection with a paternal aunt, with the maternal grandmother, with a maternal aunt, with the mother-in-law, with the Queen — are crimes equal to connection with a guru’s wife; — and so is sexual intercourse with the father’s or mother’s sister, and with one’s own sister; — and sexual connection with the wife of a learned Brāhmaṇa, or a priest, or an Upādhyāya, or a friend; — and with a sister’s female friend, or with a woman of one’s own race, with a woman belonging to the Brāhmaṇa caste, with a Brāhmaṇa maiden, with a low-caste woman, with a woman in her courses, with a woman come for protection, with a female ascetic, or with a woman entrusted to one’s own care.’

Do. (37.6-10, 13-33). — ‘Abandoning one’s holy fire, or father, mother, son or wife; — eating forbidden food, or food of those whose food should not he eaten; — appropriating to one’s self what belongs to another; — sexual intercourse with another man’s wife; sacrificing for persons for whom it is forbidden to sacrifice; — killing a Kṣatriya or a Vaiśya or a Śūdra, or a cow, — selling articles that should not be sold, — for an elder brother to suffer his younger brother to marry before him, for a younger brother to marry before his elder brother, — to give a girl in marriage to either of these two, — or to perform the nuptial ceremony for him, — to allow the proper time for Upanayana to pass off, — to teach the Veda for a reward, — to he taught the Veda by a hired teacher, — to be employed in mines, — to make large instruments, — cutting trees, shrubs, creepers, long climbing plants, or herbs, — to make a living by prostituting one’s own wife, — trying to overcome others by incantations or forcible means; cooking for one’s own self, — omitting to pay one’s debts to God, Sages and Pitṛs, — studying irreligious hooks, — Atheism, — subsisting by a reprehensible act, — intercourse with woman who drinks wine; — these are crimes of the fourth degree.’

Yājñavalkya (3.231, 234-42). — ‘Intercourse with a friend’s wife, with a maiden, with one’s own offsprings, with a Caṇḍāla woman, with one’s Sagotra woman, with one’s sons’ wives, — is declared to be equal to the violating of the guru’s bed. Killing cows, apostacy, theft, non-payment of debts, omitting to establish the sacred fires, selling what should not be sold, marrying before the elder brother, learning Veda from a hired teacher, teaching the Veda for payment, adultery, permitting one’s self to be superseded in marriage by the younger brother, usury, manufacturing salt, killing a woman, a Vaiśya, a Śūdra or a Kṣatriya, making a living through reprehensible things, atheism, breaking the vow of celibacy, selling of sons, stealing grains or base metals or cattle, sacrificing for those not entitled to perform sacrifices, abandoning of father, mother or son, selling of tanks or gardens, defiling a maiden, sacrificing for one who has married before his elder brother and giving of girl in marriage to such a person, dishonesty, omitting of the observances and restrictions, undertaking of an act for one’s own benefit, intercourse with a wine-drinking woman, abandoning of Vedic study or of the sacred fires, neglecting one’s sons, forsaking of relatives, cutting trees for fuel, making a living by one’s own wife, or by medicines or by killing, making of murderous machines, being addicted to vicious habits, selling one’s self, serving under a Śūdra, making friendships with low men, intercourse with low-born women, omitting the prescribed life-stages, getting fat with food given by others, studying of evil sciences, superintending mines, selling one’s wife; — each of these is a minor sin, an upapātaka.’

 

 

VERSE 11.59

Section VI - Offences: their Classification

 

गोवधोऽयाज्यसंयाज्यं पारदार्यात्मविक्रयः ।
गुरुमातृपितृत्यागः स्वाध्यायाग्न्योः सुतस्य च ॥५९॥

govadho'yājyasaṃyājyaṃ pāradāryātmavikrayaḥ |
gurumātṛpitṛtyāgaḥ svādhyāyāgnyoḥ sutasya ca ||59||

 

Killing a cow, sacrificing for one unworthy to sacrifice, adultery, selling oneself, abandoning one’s father, mother, teacher, or son, or of Vedic study or Fire; — (59)

 

Medhātithi’s commentary (manubhāṣya):

The author now proceeds to describe the ‘Minor offences.’

‘Those unworthy to sacrifice,’ — i.e., the outcast, the Śūdra and so forth, — ‘sacrificing’ f or these. The use of the affix ‘ṇya’ in the nominal sense is a Vedic anomaly.

‘Selling oneself’ — Making oneself a slave, subservient to another man, and thus putting himself on the same footing as the cow and such other properties as are sold.

Others read — ‘pāradāryamavikrayam’ — ‘adultery and selling what should not be sold.’

What is meant by ‘selling oneself’ is taking service under an unrighteous master, when there is only slight trouble, in the shape of want of livelihood and the like.

The ‘abandoning of the teacher’ — means the neglect of attention due to him; e.g., having recourse to another teacher, while the former teacher is quite competent to teach.

Similarly with the ‘abandoning of one’s father and mother.’

What is reprehensible is the abandoning of these when they are not outcasts. If they have become outcasts, their abandoning would be only right and proper.

The Construction is — ‘the abandoning of Vedic study and the Fire’ The ‘abandoning of Vedic study’ means not carrying out in practice the injunction that ‘one should recite the Veda everyday.’

“Would the omission of this study for a single day, or for one year, Constitute this offence?”

Since the text contains no qualification, it would seem that omission for even one day would constitute the offence.

This, however, is not right. Because the injunction of daily study is a compulsory one; and a distinct expiation is going to be set forth later on for the omission of a compulsory duty. Hence what is meant here is such neglect as leads to the Veda being entirely forgotten.

This neglect having been declared (under 56) to be equal to ‘wine-drinking,’ the present text is meant to indicate an alternative expiation; the exact alternative to be employed should be determined by the comparative seriousness or otherwise of the neglect in any particular case. For instance, if the neglect of Vedic study is due to the man being engaged on another Vedic rite, his offence would be a minor one; while if it is due to the man giving himself up to luxury, or to moneymaking, or to quarrels, — his offence would be equal to ‘wine-drinking.’

As the ‘fire’ is spoken of in the singular, it should be understood to mean the domestic fire; — the Śrauta Fires having been all along spoken of in the plural.

“In connection with the offences of abandoning the Śrauta Fires, the Cāndrāyaṇa penance has been declared to be the expiatory rite. In the present context also, since the act would be of the nature of a minor offence, the expiation would consist of the same penance.”

There is no force in this objection; since in connection with minor offences also, diverse expiatory rites have been laid down; — the comparative seriousness or otherwise of the offence and the heaviness or lightness of the expiation being determined in each case by considerations of the capacity of the man concerned. And when the Cāndrāyaṇa penance has been mentioned as the expiation for minor offences, what is meant is that that penance represents the lowest limit ‘Abandoning of the son’ — means omitting to support him, or turning him out of the house — when he is no longer an infant and is duly qualified. In the abandoning of a son who has become an outcast, there would be no wrong. — (59)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittavivekā (p. 192), which has the following notes — ‘Ayājya-saṃyājya’, includes improper gifts and teaching also, — ‘tyāga’ of parents, i.e. neglecting to take care of them, — ‘Svādhyāya-tyāga’, forgetting the Veda that has been learnt, — ‘agnityāga’, through slothfulness, — ‘sutatyāga’, neglecting his feeding and education, — ‘ca’ is meant to include the ‘abandoning of the wife’ also.

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.60

Section VI - Offences: their Classification

 

परिवित्तिताऽनुजेऽनूढे परिवेदनमेव च ।
तयोर्दानं च कन्यायास्तयोरेव च याजनम् ॥६०॥

parivittitā'nuje'nūḍhe parivedanameva ca |
tayordānaṃ ca kanyāyāstayoreva ca yājanam ||60||

 

Allowing oneself to be superseded in marriage by his younger brother, superseding by the younger one’s elder brother in marriage, and the giving of one’s daughter to, or sacrificing for, these two; — (60)

 

Medhātithi’s commentary (manubhāṣya):

‘Younger’ — younger brother.

‘Sacrificing for these two’ — i.e., officiating as priest for them at the Darśa-pūrṇamāsa and other sacrifices. — (60)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 192), which has the following notes — ‘Parivittitā’, of the elder brother who remains without wife and fire while his younger brother has taken both, — ‘parivedana’ of the younger brother, in the said circumstances, — ‘ca’ indicates that these two ‘offences’ apply in the case of sisters also, — the marrying of one’s daughter to either of the two persons just mentioned, — and officiating as priest at marriages and other rites of the said two persons.

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.61

Section VI - Offences: their Classification

 

कन्याया दूषणं चैव वार्धुष्यं व्रतलोपनम् ।
तडागारामदाराणामपत्यस्य च विक्रयः ॥६१॥

kanyāyā dūṣaṇaṃ caiva vārdhuṣyaṃ vratalopanam |
taḍāgārāmadārāṇāmapatyasya ca vikrayaḥ ||61||

 

Defiling a maiden, usury, breaking of a vow, selling a tank, a garden, one’s wife or a child. — (61)

 

Medhātithi’s commentary (manubhāṣya):

‘Defiling a maiden’; — i.e., having recourse to her in the spirit of bravado that ‘she has not yet been touched by man’; or, the depriving her of her chastity by touching her generative organ with the toe or such other parts of the body; — in fact doing all these, with the sole exception of actual sexual intercourse; — which latter has been declared to be equal to ‘the violating of the Preceptor’s bed.’

‘Usury’ — Making money by this means as a means of living, — even in normal times. Vaśiṣṭha has declared that ‘usury consists in lending money or grains on interest.’ This is a scriptural technicality, not subject to the notions of the ordinary world.

‘Breaking of a vow.’ — A ‘vow’ consists in the taking of such resolution as — ‘I shall rather starve than partake of food in the house of such and such a person eating at whose place is forbidden’; and if one does not keep to this resolve, it would be ‘breaking of the vow.’

“As a matter of fact, the name ‘vow,’ vrata, is given to a restriction that one voluntarily puts upon himself; and if the resolve is a voluntary one, how could deviation from that constitute a transgression of the scriptures? it has been said that ‘by omitting to do what is enjoined one becomes liable to expiation’; and the resolution in the case in question is not ‘what is enjoined.”’

The answer to this is as follows: — It is true that in the initial stage the vow is purely voluntary; but the keeping of it is what has been ‘enjoined’ by the scriptures. Just as in the case of the Saurya and other sacrifices performed with a view to definite rewards, — the act, in its initial stage, is purely voluntary; but the continuation and completion of it (when once begun) is what is ‘enjoined’; the act could be discontinued only either if the performer had ceased to desire the particular reward, or if the reward were actually obtained; in all such cases the performer would be blamed as being energetic only in undertaking an act.

As regards the observances to be kept by the Accomplished Student, the text is going to lay down a very light expiation for the neglect of these. And this may be regarded as an optional alternative to what is here laid down.

‘Garden’ — flower-gardens and parks, etc.

Another Smṛti declares all kinds of land as ‘not to be sold.’ — (61)

 

Explanatory notes by Ganganath Jha:

‘Vratalopanam’. — ‘Breaking a vow voluntarily taken’ (Medhātithi and Nārāyaṇa): — ‘breaking the vow of Studentship’ (Govindarāja, Kullūka and Rāghavānanda).

This verse is quoted in Prāyaścittaviveka (p. 192), which has the following notes — ‘Kanyāyā dūṣaṇam’ calling a virgin a ‘non-virgin’, or piercing with the finger her private parts, — ‘vārdhuṣitvam’ (which is its reading for ‘vārdhuṣyam’) for the Brāhmaṇa or the Kṣātriya, — ‘vratāt cyutiḥ’ (which is its reading for ‘vratalopanam’), ‘avakīrṇitvam’, sexual delinquency of the Religious Student, — ‘dāraṇām’, even such as have not been married by one, — ‘apatyasya’, of the various kinds of children.

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.62

Section VI - Offences: their Classification

 

व्रात्यता बान्धवत्यागो भृत्याध्यापनमेव च ।
भृत्या चाध्ययनादानमपण्यानां च विक्रयः ॥६२॥

vrātyatā bāndhavatyāgo bhṛtyādhyāpanameva ca |
bhṛtyā cādhyayanādānamapaṇyānāṃ ca vikrayaḥ ||62||

 

Apostacy, abandoning a relative, teaching for wages, learning from a paid teacher and the selling of what should not be sold. — (62)

 

Medhātithi’s commentary (manubhāṣya):

‘Relations.’ — The maternal uncle, cousins and others, even apart from one’s uterine brothers. If one has the means, it behoves him to support all these, if they be starving. This is what has been spoken of above in Verse 9.

“In face of the present text, the mention of the abandoning of one’s son (in 60) becomes superfluous.”

It is not superfluous. The mention of both is like the case where all web-footed birds having been forbidden in general, the Swan is specially prohibited separately.

Hence the abandoning of the mother and those mentioned in the former verse is also a minor offence, like what is mentioned in the present verse; with this difference only that this latter is less serious.

‘Teaching for wages and learning from a paid teacher’ — i.e., if one learns from a paid teacher, when unpaid teachers are available.

‘What should not he sold’ — as described in Discourse X (Verses 86, et seq). — (62)

 

Explanatory notes by Ganganath Jha:

See 10.20.

This verse is quoted in Prāyaścittaviveka (p. 192), which has the following notes — ‘Vrātyatā’, whose Upanayana has not been performed at the prescribed age, and one who has not performed the Soma-sacrifice, — ‘bāndhavatyāga’, abandoning, without reason, of Sapiṇḍa and other relatives, — ‘bhṛtakādhyāpana’ (which is its reading for ‘bhṛtyādhyāpana’,) imparting knowledge in exchange for wages received — ‘bhṛtādhyayana’, learning under a Teacher who teaches for wages received, — ‘apaṇyānām vikrayaḥ’ selling of lac and other things even once, and repeated selling of milk and other things, — this is an ‘offence’ for the Brāhmaṇa.

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.63

Section VI - Offences: their Classification

 

सर्वाकारेष्वधीकारो महायन्त्रप्रवर्तनम् ।
हिंसौषधीनां स्त्र्याजीवोऽभिचारो मूलकर्म च ॥६३॥

sarvākāreṣvadhīkāro mahāyantrapravartanam |
hiṃsauṣadhīnāṃ stryājīvo'bhicāro mūlakarma ca ||63||

 

Superintending all mines, executing large mechanical works, destroying medicinal herbs, subsisting on women, performing malevolent rites and sorcery. — (63)

 

Medhātithi’s commentary (manubhāṣya):

‘Mines’ — places where gold and other precious things are obtained.

‘Superintending’ — control obtained under royal commands.

‘All’ — implies the inclusion of other sources of income also, e.g., control over villages and towns, investigating law-suits and administering criminal law.

Similarly ‘mechanical works’ stand for the building of bridges and embankments for regulating the flow of water; the undertaking of such works also is a minor offence.

‘Destroying’ — Cutting — ‘medicinal herbs’ — before they are dry.

‘Subsisting on women’ — That is, maintaining oneself and family on the property of women, or making a living out of prostitutes.

‘Malevolent rites’ — Killing one’s enemies by curses or incantations or sacrificial rites prescribed in the Veda.

‘Sorcery.’ — Using incantations for gaining control over persons. — (63)

 

Explanatory notes by Ganganath Jha:

‘Mahāyantrapravartanam’ — ‘Executing great mechanical works, e.g., constructing dams across rivers in order to stop the flow of water’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘making machines for the killing of large animals, such as boars’ (Nārāyaṇa); — ‘making such machines as sugar-mills and the like’ (Nandana).

‘Stṛyājivaḥ.’ — ‘Subsisting on one’s wife’s earnings by making her enter service’ (Nārāyaṇa and Nandana); — ‘by turning her into a harlot’ (Kullūka); — ‘maintaining oneself by the separate property of his wife’ (Medhātithi); — ‘living on money obtained by selling his wife’ (Rāghavānanda). — Nandana who reads ‘hiṃsrauṣadhistṛyupājīvaḥ’ (for ‘hiṃsauṣadhīnām stṛyājīvaḥ’), explains the compound as ‘subsisting either on money earned by the sale of noxious herbs, or on the earnings of one’s wife.’

This verse is quoted in Prāyaścittaviveka (p. 192), which has the following notes — ‘Sarvakareṣu adhīkāraḥ,’ employment in mines, — ‘mahāyantrapravartanam,’ working of oil and other mills, or of machines for the sharpening of weapons and so forth,’ — ‘auṣadhīnām hiṃsā,’ destroying the crops, — ‘stṛyājīvaḥ,’ living on the earnings of women, — ‘abhicāra,’ doing of japa, homa and such acts with the motive of bringing harm to others, — ‘mūlakarma,’ rites for captivating other persons and such other purposes.

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.64

Section VI - Offences: their Classification

 

इन्धनार्थमशुष्काणां द्रुमाणामवपातनम् ।
आत्मार्थं च क्रियारम्भो निन्दितान्नादनं तथा ॥६४॥

indhanārthamaśuṣkāṇāṃ drumāṇāmavapātanam |
ātmārthaṃ ca kriyārambho ninditānnādanaṃ tathā ||64||

 

Cutting down green trees for purposes of fuel, the undertaking of the act (of cooking) for one’s own benefit and the eating of forbidden food. — (64)

 

Medhātithi’s commentary (manubhāṣya):

There would be nothing wrong in the cutting down of trees for purposes of fuel for sacrificial performances; specially as one cannot, be sure of the purity of dead trees.

‘Undertaking of the act’ — of cooking. There is the prohibition that, even when distressed by hunger, one shall not. do the cooking for himself alone; and it is for this reason that we explain the term ‘act’ to mean the act of cooking. If, on the other hand, we took the term to stand for action in general, then it would be necessary to assume the necessary prohibition of such action in general, merely on the strength of the fact that an expiation is laid down for it; as there could be no expiation for an act that, is not prohibited; as it has been declared that ‘by doing what is forbidden one becomes liable to expiatory rites’ (44). When, however, we take the word to mean as explained above, then the expiation laid down is quite in keeping with a well-known prohibition, and there is no need for assuming one.

‘Eating forbidden food.’ — Objection. — “The Eating of Forbidden Food having been already mentioned above (57), why should there be a repetition of it here?”

Answer. — It has been mentioned again for the purpose of indicating an alternative Expiation; — the sense being that the expiation prescribed before is for repeated acts of eating forbidden food; while the one indicated by the present text is for doing it for the first time. — (64)

 

Explanatory notes by Ganganath Jha:

See 3.118.

‘Ninditānna.’ — ‘Forbidden food’ (Medhātithi and Kullūka); — ‘food given by persons from whom it should not be accepted, e.g. by a king, a gambler and so forth’ (Nārāyaṇa, Raghavānanda and Nandana).’

This verse is quoted in Prāyaścittaviveka (p. 192), which has the following notes — The cutting of many trees for purposes of fuel, — cooking for one’s own benefit, not for the purpose of offerings to Viśvedevas, — ‘ninditānna,’ the food given by tribes or thieves and such people.

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.65

Section VI - Offences: their Classification

 

अनाहिताग्निता स्तेयं ऋणानामनपक्रिया ।
असत्शास्त्राधिगमनं कौशीलव्यस्य च क्रिया ॥६५॥

anāhitāgnitā steyaṃ ṛṇānāmanapakriyā |
asatśāstrādhigamanaṃ kauśīlavyasya ca kriyā ||65||

 

Omission of fire-laying, theft, non-payment of debts, studying bad books, and the practising of the histrionic art. — (65)

 

Medhātithi’s commentary (manubhāṣya):

‘Omission of Fire-laying’ — is an offence in the case of a man who has been married and has got a son, and is possessed of the requisite means. The author of the Smṛti thinks that since the Vedic texts laying down Fire-laying do not contain any conditions, they clearly indicate the compulsory character of that rite.

“How can the act of laying of the fire be regarded as enjoined by Vedic texts? If what is mentioned in one context were to be taken as enjoined in connection with another, this would lead to a great confusion regarding the true meaning of the scriptures. What the texts are actually found to prescribe are the Fires; how can that be taken as prescribing the act of laying?”

It is true that the Fires have been prescribed by such texts as — ‘Libations are to be offered into the Āhavavīya Fire,’ and so forth; but, as a matter of fact, these Fires cannot be obtained without laying (or kindling); it is for this reason that when the Fires are prescribed, it is understood that the act of laying them is also prescribed.

“If the laying be meant simply for the obtaining of the Fires, then the injunction would apply to only those persons who perform the rite of Fire-laying; and not to one who has no fires at all. Nor is the act of laying compulsory, in the way in which the life-long rites are compulsory. How then win the omission of Fire-laying be an offence?”

The passage — ‘by not doing what is enjoined, etc., etc.,’ — has clearly laid down that one is liable to expiation if he omits to do what is enjoined; and the act of Fire-laying has been enjoined by such texts as ‘one shall lay the Fires.’

“It is true that the act has been enjoined; but it is so neither with a view to the obtaining of heaven, nor for any other purpose; it has been enjoined only for the purpose of obtaining the Fires. As for the Fires, their use is well known; so that the man who needs them shall obtain them by the means thus enjoined, — and others will not obtain them. What possibility would be there for the omitting of what has been enjoined, — which would render the person liable to Expiation? How can a man be regarded as an offender if he fails to obtain gold, for instance?”

Our answer to the above is as follows: — From the present text itself it is understood that if a man is entitled to Firelaying, he must obtain the Fires by means of the rites prescribed.

Theft — of articles other than those specifically named in this connection.

‘Debts.’ — This refers to the non-performance of those acts that have been laid down as paying off the ‘four debts’ (to the Gods, the Pitṛs, to Men and to the Fires).

‘Bad books’ — e.g., those written by Cārvākas and Nirgranthas; those that are not trustworthy, and have no connection with Vedic rites or their effects.

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.66

Section VI - Offences: their Classification

 

धान्यकुप्यपशुस्तेयं मद्यपस्त्रीनिषेवणम् ।
स्त्रीशूद्रविट्क्षत्रवधो नास्तिक्यं चोपपातकम् ॥६६॥

dhānyakupyapaśusteyaṃ madyapastrīniṣevaṇam |
strīśūdraviṭkṣatravadho nāstikyaṃ copapātakam ||66||

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

 

 

VERSE 11.67

Section VI - Offences: their Classification

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

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

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

 

 

VERSE 11.68

Section VI - Offences: their Classification

 

खराश्वोष्ट्रमृगैभानामजाविकवधस्तथा ।
सङ्करीकरणं ज्ञेयं मीनाहिमहिषस्य च ॥६८॥

kharāśvoṣṭramṛgaibhānāmajāvikavadhastathā |
saṅkarīkaraṇaṃ jñeyaṃ mīnāhimahiṣasya ca ||68||

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

‘Mīna’ — fish.

‘Ahi’ — snake. — (68)

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

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

 

 

VERSE 11.69

Section VI - Offences: their Classification

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

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

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

 

 

VERSE 11.70

Section VI - Offences: their Classification

 

कृमिकीटवयोहत्या मद्यानुगतभोजनम् ।
फलेधः।कुसुमस्तेयमधैर्यं च मलावहम् ॥७०॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

‘Insects’ — small beings living underground.

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

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

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

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

 

 

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

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

 

Comparative notes by various authors:

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

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

 

 

VERSE 11.72

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

‘Samāḥ’ — years.

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

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

 

Comparative notes by various authors:

(verses 11.72-86)

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

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

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

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

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

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

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

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

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

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

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

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

 

 

VERSE 11.73

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

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

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

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.74

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

It is only the lord of a kingdom that is entitled to the performance of a Horse-sacrifice; as the sacrificial fee prescribed in that connection is such gold and other metals as have been won from the Eastern and other quarters.

Those persons who have not performed the Fire-laying rite are not entitled to the performance of any sacrifice. Nor would they he justified in laying the Fires for the purpose of these sacrifices only; because the rites for the purposes of expiation are to be done only along with their own accessory details, and ‘Fire-laying’ does not form the accessory of any of these sacrifices. — (74)

 

Explanatory notes by Ganganath Jha:

‘Svarjitā.’ — ‘Svarjit’ is the name of a sacrifice, according to Nārāyaṇa and Kullūka; — according to others the term is only an epithet of ‘gosavena.’

‘Trivṛtā’. — Qualifies the ‘Agniṣṭut’, according to Medhātithi; — but stands for a distinct sacrifice, the Trivṛtstoma, according to Govindarāja and Nārāyaṇa.

For the Gosava see Kātyāyana-śrautasūtra 22.11.3 for the Ābhijit, Āśvalāyana-śrautasūtra 8.5.13; — for the Agniṣṭut, Ibid 9.7.22 — 25.

This verse is quoted in Mitākṣarā (3.248); — and in Parāśaramādhava (Prāyaścitta, p. 405).

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.75

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

 

जपन् वाऽन्यतमं वेदं योजनानां शतं व्रजेत् ।
ब्रह्महत्यापनोदाय मितभुज्ञियतेन्द्रियः ॥७५॥

japan vā'nyatamaṃ vedaṃ yojanānāṃ śataṃ vrajet |
brahmahatyāpanodāya mitabhujñiyatendriyaḥ ||75||

 

Or, for the purpose of expiating Brāhmaṇa -slay ing, he shall walk eight hundred miles, reciting one of the Vedas, eating little and controlling his senses. — (75)

 

Medhātithi’s commentary (manubhāṣya):

‘Eating little’ — i.e., just enough to satisfy his hunger.

‘Controlling his senses’ — i.e.. leading a celibate life and not hankering after sensual objects. — (75)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 172).

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.76

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

 

सर्वस्वं वेदविदुषे ब्राह्मणायोपपादयेत् ।
धनं हि जीवनायालं गृहं वा सपरिच्छदम् ॥७६॥

sarvasvaṃ vedaviduṣe brāhmaṇāyopapādayet |
dhanaṃ hi jīvanāyālaṃ gṛhaṃ vā saparicchadam ||76||

 

He shall make over to a Brāhmaṇa learned in the Veda, his entire property, which should be wealth sufficient for his maintenance, — or a house along with the furniture. — (76)

 

Medhātithi’s commentary (manubhāṣya):

He shall give away everything that he may be possessed of, in the shape of gold, cattle and the like.

The author adds a declamatory qualification — ‘wealth sufficient for his maintenance’: — That is the giving of the property would be equal to making a gift to him of his life.

‘Or, a house along with the furniture.’ — ‘Furniture’ includes all such household accessories as butter, oil, grains, pots and pans, metals, beds, seats and so forth. — (76)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.250); — in Aparārka (p. 1061), which adds the following notes: — One who is unable to provide property enough for his lifelong maintenance, should give a house with furniture, and if unable to give this latter, he should give away all that he possesses; — in Madanapārijāta (p. 802), which also adds the same note; — in Parāśaramādhava (Prāyaścitta, p. 399), which adds that the rule is that one who is sonless shall give away his entire property, while one who has a son shall give only a house with furniture; — and in Nṛsiṃhaprasāda (Prāyaścitta 6a.)

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.77

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

 

हविष्यभुग् वाऽनुसरेत् प्रतिस्रोतः सरस्वतीम् ।
जपेद् वा नियताहारस्त्रिर्वै वेदस्य संहिताम् ॥७७॥

haviṣyabhug vā'nusaret pratisrotaḥ sarasvatīm |
japed vā niyatāhārastrirvai vedasya saṃhitām ||77||

 

Or, subsisting on ‘sacrificial food,’ he may walk along each stream of the Sarasvatī; or with food restrained, he may thrice recite the text of the Veda — (77)

 

Medhātithi’s commentary (manubhāṣya):

‘Sacrificial food.’ — Food fit for ascetics; such as Nīvara and other corns; also such village-produce as butter, milk and such things.

‘Along each stream.’ — Of the Sarasvatī river there are several branch-streams; and along each one of these he should walk.

‘With food restrained’ — desisting from food.

‘Text of the Veda’ — consisting of the ‘mantra’ and ‘Brāhmaṇa’ portions. This he shall repeat thrice.

With regard to these Expiatory Rites, the following is the final conclusion: — (A) In the ease of one intentionally killing a common Brāhmaṇa, the ‘twelve-year-long penance’ is an alternative to ‘becoming the target, of armed men.’ The ‘twelve-year-old penance’ does not end in death; yet, if in the interval the man dies off by chance, the expiation would have been only half-done, and hence the purification not being complete, the guilt would not cease; — in the case of the other alternative, on the other hand, the man becomes freed from sin then and there; and it would be by sheer chance that the man, struck with arrows, would not die. Hence, in any particular case, the one or the other alternative expiation might be prescribed, in accordance with one’s wish. — (B) As regards ‘falling into Fire,’ this should be done only in cases where the individual Brāhmaṇa killed was endowed with Vedic learning and such other superior qualities; and this ‘falling’ should be in the sacrificial fire. They have a saying on this point. — ‘For the Brāhmaṇa-slayer there are three conditions: — (1) dying, (2) cutting off of limbs with weapons, and (3) consignment to the

Sacrificial fire.’ There can be no duplication in the case of those penances that end in death; as, during a single life, no one can die twice. Hence, where such duplication is necessary, it should be secured by making the man suffer additional torture. In the case of the ‘Twelve-year Penance,’ no such duplication would be right; for what man is there who would he possessed of the energy of the gods, which would enable him to perform a rite for twenty-four years? Specially as, if at the end of a certain year, the man were to die off, the entire expiation would become frustrated. — (C) As regards the Horse-sacrifice (prescribed in 75), it is an optional alternative permissible for the three higher castes, only when it is possible for the person concerned to perform it — (d) As regards the ‘Gosava’ and other sacrifices (prescribed in 75), these would be admissible only in a case where the slaying is done unintentionally and the slayer happens to be a highly qualified person. — (E) ‘Walking eight hundred miles’ is admissible in a case where the killing is done intentionally and the person killed is a common Brāhmaṇa; and so on with the rest In 75, ‘tṛvṛtā’ (triple) is an epithet of ‘Agniṣṭutā.’ Similarly the ‘Svarjit-gosava’ and the ‘Abhijit-Viśvajit’ constitute two expiatory rites. — (77)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.249), to the effect that the food to be eaten should be ‘haviṣya’ only; — and in Aparārka (p. 1060), which adds that ‘niyatāhāra’ means that the food should be either small in quantity or of ‘haviṣya’ kind only; — the man becomes purified by reciting the text of the Veda three times, — or by being restrained in food and going along the Sarasvatī from its mouth upwards to its source.

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.78

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

 

कृतवापनो निवसेद् ग्रामान्ते गोव्रजेऽपि वा ।
आश्रमे वृक्षमूले वा गोब्राह्मणहिते रतः ॥७८॥

kṛtavāpano nivased grāmānte govraje'pi vā |
āśrame vṛkṣamūle vā gobrāhmaṇahite rataḥ ||78||

 

Having shaved off, he may dwell at the extremity of the village, or in a cow-pen, or in a hermitage under a tree, — giving himself up to doing good to cows and Brāhmaṇas. — (78)

 

Medhātithi’s commentary (manubhāṣya):

This verse sets forth certain optional details regarding the ‘Twelve-year Penance,’ — the ‘shaving’ being the only additional factor laid down.

The man living under a tree in the hermitage, — this being an alternative to the ‘hut’ (prescribed in 73).

“How is it that this alternative was not mentioned along with the other one (in 73)?”

The older writers have explained that this has not been done, because the author desired it to be understood that all that follows after the present verse pertains to the ‘Twelve-year Penance,’ and it does not constitute a distinct penance. If in the course of the treatment of one subject, an entirely new subject is introduced, it becomes something wholly different; and the introducing of a wholly different subject before the one already taken up has been finished, would be highly objectionable. If the rite thus interpolated were an independent one, the only thing one could do would be to adopt in practice only one of the two. — (78)

 

Explanatory notes by Ganganath Jha:

This verse lays down an option regarding observances during the twelve years of penance (verse 72) — according to Medhātithi, Govindarāja and Kullūka; — according to Nārāyaṇa it provides a general rule for all penances.

This verse is quoted in Mitākṣarā (3.243), which cays that this is an option to what has been said in verse 72; — in Madanapārijāta (p. 788), which also adds that this lays down an option; — and in parāśaramādhava (Prāyaścitta, pp. 399-400), which notes that the ‘vā’ of the ‘Kṛtavāpanaḥ’ indicates that ‘shaving’ is an option to the wearing of matted locks.

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.79

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

 

ब्राह्मणार्थे गवार्थे वा सद्यः प्राणान् परित्यजेत् ।
मुच्यते ब्रह्महत्याया गोप्ता गोर्ब्राह्मणस्य च ॥७९॥

brāhmaṇārthe gavārthe vā sadyaḥ prāṇān parityajet |
mucyate brahmahatyāyā goptā gorbrāhmaṇasya ca ||79||

 

He may give up his life unhesitatingly for the sake of a cow or a Brāhmaṇa; the protector of the cow and the Brāhmaṇa becomes absolved from the guilt of Brāhmaṇa-killing. — (79)

 

Medhātithi’s commentary (manubhāṣya):

If the man gives up his life in trying to save, — even though he does not succeed in saving, — he becomes absolved; while, if he succeeds in saving, then he becomes absolved, even though he may not lose his life in doing it. — (79)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 797), which adds the following explanation: — Here the text lays down separately, (a) ‘immediate surrendering of his life for the sake of a Brāhmaṇa,’ and (b) ‘saving of the cow and the Brāhmaṇa’; from which it follows that — (a) if the man succeeds in saving the cow or the Brāhmaṇa, he becomes purified, even though his own life may have been saved, and (b) even though he may not succeed in saving the cow or the Bārhmaṇa, he becomes purified, if he has tried his best and lost his life in the attempt to save them.

It is quoted in Aparārka (p. 1058), which adds the following notes: — This is to be taken in connection with the ‘Twelve years penance’; even though the man may not succeed in saving the cow or the Brāhmaṇa, if he has tried his best, and perishes in the attempt, he becomes purified; and if he has succeeded in saving them, he becomes purified, even though he may not have lost his life in the attempt.

It is quoted in Mitākṣarā (3.244), which adds that ‘saving the Brāhmaṇa’ and ‘perishing for the sake of the Brāhmaṇa’ are two distinct things.

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.80

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

 

त्रिवारं प्रतिरोद्धा वा सर्वस्वमवजित्य वा ।
विप्रस्य तन्निमित्ते वा प्राणालाभे विमुच्यते ॥८०॥

trivāraṃ pratiroddhā vā sarvasvamavajitya vā |
viprasya tannimitte vā prāṇālābhe vimucyate ||80||

 

If he fights at least thrice on behalf of a Brāhmaṇa, or reconquers his entire property, or gives up his life for his sake, — he becomes absolved. — (80)

 

Medhātithi’s commentary (manubhāṣya):

‘Fights’ — Takes up arms, or becomes wounded in the fight; — ‘at least thrice’ — He should repeat the act at least three times. If he does the fighting, he becomes absolved, even though he might have been killed without having saved the Brāhmaṇa.

‘Reconquers his entire property.’ — If the Brāhmaṇa’s property has been taken away by thieves, if he wins it back for him, he becomes absolved; — as also if he ‘gives up his life’ for the sake of the Brāhmaṇa.

“Giving up one’s life in defence of the Brāhmaṇa has been already mentioned (in the preceding verse).”

True; but what has been said in the preceding verse is that ‘the man becomes purified if he rescues, by fighting or by some other physical means, (1) a cow stuck in the mire, or (2) a cow being taken away by robbers, or (3) a Brāhmaṇa, being carried away either by his enemies, or by robbers, or by a stream’; while in the present verse what is mentioned is doing all this ‘for his sake’; and what is meant is that the man becomes absolved, if when, on his property being taken away by robbers, the Brāhmaṇa becomes stupefied and proceeds to commit suicide, — or when he is fighting unaided against the robbers, — if the man comes forward and pays to him the equivalent of what he has lost, and consoles him with such words as — ‘do not commit suicide, I am giving you this much wealth.’ — (80)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.246).

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.81

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

 

एवं दृढव्रतो नित्यं ब्रह्मचारी समाहितः ।
समाप्ते द्वादशे वर्षे ब्रह्महत्यां व्यपोहति ॥८१॥

evaṃ dṛḍhavrato nityaṃ brahmacārī samāhitaḥ |
samāpte dvādaśe varṣe brahmahatyāṃ vyapohati ||81||

 

He who remains thus firm in his vow, always chaste and with concentrated mind, shakes off the sin of Brāhmaṇa-slaying, on the completion of the twelfth year. — (81)

 

Medhātithi’s commentary (manubhāṣya):

This shows that the subject of the ‘Twelve-year Penance’ started (in 73), ends here.

‘Firm in his vow and with concentrated mind,’ these two terms only serve to fill up the metre.

This verse sums up what has gone before. — (81)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.244) as summing up the ‘twelve years’ penance.

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.82

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

 

शिष्ट्वा वा भूमिदेवानां नरदेवसमागमे ।
स्वमेनोऽवभृथस्नातो हयमेधे विमुच्यते ॥८२॥

śiṣṭvā vā bhūmidevānāṃ naradevasamāgame |
svameno'vabhṛthasnāto hayamedhe vimucyate ||82||

 

Or, having confessed his guilt before the congregation of the gods of Earth and the gods of men, if he bathes at the Final Bath of the Horse-sacrifice, — he becomes absolved. — (82)

 

Medhātithi’s commentary (manubhāṣya):

This text sets forth the last alternative.

‘Having confessed his guilt,’ his offence — ‘before the Congregation of the Gods of Earth — Brāhmaṇas — ‘and the Gods of men’ — Kṣatriyas; — the ‘Brāhmaṇa’ meant here are the priests officiating at a sacrifice, and the ‘Kṣatriya’ for the sacrificer. — Having done this, ‘if he bathes at the Final Bath of the Horse-sacrifice’ that has been performed, — ‘he becomes absolved.’

Some people think that, inasmuch as the treatment of the ‘Twelve-year penance’ has been finished, what is set forth in the present verse is a distinct alternative to it.

Others, however, hold that, inasmuch as alternatives have already been mentioned in the course of the description of the Twelve-year Penance itself, the present verse must be taken as laying down the final point of that same penance, — just in the same way as ‘dying for the sake of the cow or the Brāhmaṇa’ has been laid down; — this final point resembling the ‘rising’ either after the performance of the ‘Sārasvata’ sacrifice, or on reaching a water-fall.

Our view, however, is that — (1) since the former penance has already been summed up, the present one may be taken as a distinct alternative, while (2) on account of its occurring in the middle of the treatment of the former penance, it may be taken as forming part of it So that it may be taken as both, — it being efficacious when performed along with the Twelve-year Penance, as also when performed by itself alone, according to the circumstances attending each case. — (82)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.224), which adds the following notes: — ‘Bhūmideva’ are Brāhmaṇas, the sacrificial priests, — ‘naradeva’ is the king of these priests, i. e., the master of the sacrifice; — in an assembly of all these — ‘Śiṣṭvā,’ having proclaimed, his ‘enaḥ,’ guilt, — he shall take the final bath of the Aśvamedha sacrifice, if permitted by the aforesaid persons, and thus become purified.

It is quoted in Aparārka (p. 1057), which adds the following notes: — ‘Bhūmidevāḥ,’ Brāhmaṇas, — ‘Naradeva,’ the annointed Kṣatriya, — at an assembly of these persons, — ‘svam enaḥ,’ his guilt, of Brāhmaṇ-slaying, — ‘śiṣṭvā,’ having proclaimed, — and taking the avabhṛtha bath, — he becomes purified.

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.83

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

 

धर्मस्य ब्राह्मणो मूलमग्रं राजन्य उच्यते ।
तस्मात् समागमे तेषामेनो विख्याप्य शुध्यति ॥८३॥

dharmasya brāhmaṇo mūlamagraṃ rājanya ucyate |
tasmāt samāgame teṣāmeno vikhyāpya śudhyati ||83||

 

The Brāhmaṇa is called the root of righteousness, and the Kṣatriya its top; hence one who confesses his guilt before their congregation becomes pure. — (83)

 

Medhātithi’s commentary (manubhāṣya):

This is a declamatory statement in support of the injunction that — ‘the man should confess his guilt on the occasion of the performance of the Horse-sacrifice, where Brāhmaṇas, in the shape of the Priests, and Kṣatriya, in the shape of the sacrificer, come together.’ — (83)

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.84

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

 

ब्रह्मणः सम्भवेनैव देवानामपि दैवतम् ।
प्रमाणं चैव लोकस्य ब्रह्मात्रैव हि कारणम् ॥८४॥

brahmaṇaḥ sambhavenaiva devānāmapi daivatam |
pramāṇaṃ caiva lokasya brahmātraiva hi kāraṇam ||84||

 

By his very birth the Brāhmaṇa is a divinity even for the gods, and an authority for the people; and the Veda itself is the cause of this. — (84)

 

Medhātithi’s commentary (manubhāṣya):

It behoves the man liable to expiation to present himself before the Congregation or Court, and he should act in accordance with that law which may be honoured by that assembly; the present verse and the next serve to indicate the high qualifications of the assembly.

‘By his very birth the Brāhmaṇa is a divinity even for the gods’ — and ‘for the people he is an authority’ — trustworthy guide, — people reposing as much trust on his words as upon what they see with their own eyes.

‘The Veda itself is the cause of this.’ — The Brāhmaṇa is regarded as an authority on spiritual matters, only because he knows the Veda and what is contained in it — (84)

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.85

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

 

तेषां वेदविदो ब्रूयुस्त्रयोऽप्येनः सुनिष्कृतिम् ।
सा तेषां पावनाय स्यात् पवित्रा विदुषां हि वाक् ॥८५॥

teṣāṃ vedavido brūyustrayo'pyenaḥ suniṣkṛtim |
sā teṣāṃ pāvanāya syāt pavitrā viduṣāṃ hi vāk ||85||

 

If even three of them, learned in the Veda, expound the expiation for the offences, that shall suffice for their purification; as the word of learned men is purificatory. — (85)

 

Medhātithi’s commentary (manubhāṣya):

This goes on to describe the necessity of men liable to expiation presenting themselves before the Congregation or Court; and the definition of this ‘Court’ is that — ‘the Brāhmaṇas learned in the Veda constitute the Court.’

“It is declared (under 12.110) that the ‘Court should consist of at least ten men,’ or again (12.113) — ‘a single person learned in the Veda.’”

The number ‘ten’ mentioned in the former text does not refer to the men; it refers to their qualifications; since in the verse following we find the qualifications enumerated — ‘knowing the three Vedas, a logician, an exegetist etc., etc.’ (12.111). As regards the ‘single person learned in the Veda’ (12.113), — what this shows is that, even in the absence of the other qualifications — of being a logician and so forth, — if a man possesses the one qualification of knowing the Veda, he becomes qualified for serving on the ‘Court’

The present verse is meant to lay down the exact number of men constituting the ‘Court’ And even though the only qualification mentioned here is ‘knowledge of the Veda’ yet the others — being a logician and so forth, — are also understood. As otherwise mere ‘knowledge of the Veda’ could not be accepted as a definition of the ‘Court.’ All this we shall explain later on (under XII).

“If Vedic learning is not possible without the knowledge of Logic, Exegetics and the rest, wherefore has it been said that ‘even a single man learned in the Veda may make up the Court?’”

All that this latter declaration means is that, even in the absence of all other qualifications, Vedic learning alone by itself would constitute a sufficient qualification. All this we shall explain in connection with the text in question.

From all this it follows that when a man has incurred the liability to perform an expiation, he should question three men assembled together; as a single man is liable to make mistakes or become careles.

This recourse to the ‘Court’ must be taken even by persons who may be themselves learned; and the reason for this is that — ‘the word of corned men is purificatory.’

Nor would this make ‘secret expiation’ impossible. Because in that case the offence would not be known to any person; and appearing before the Court is necessary only in cases where the offence has become known. It is what has been spoken of above (22) — ‘By confession, by repentance etc, etc.’

This explanation, however, is not right What the present verse refers to is the case where, in the absence of the requisite expiation not having been clearly laid down, it becomes necessary to assume the right expiation, ‘on the basis of the man’s capacity, and the nature of the offence’ (209); and the meaning of the text is that that assumption is to be accepted which is made by three men. — (85)

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.86

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

 

अतोऽन्यतममास्थाय विधिं विप्रः समाहितः ।
ब्रह्महत्याकृतं पापं व्यपोहत्यात्मवत्तया ॥८६॥

ato'nyatamamāsthāya vidhiṃ vipraḥ samāhitaḥ |
brahmahatyākṛtaṃ pāpaṃ vyapohatyātmavattayā ||86||

 

A Brāhmaṇa who, with concentrated mind, follows any one of these methods, removes, on account of his being self-possessed, the sin committed by killing a Brāhmaṇa. — (86)

 

Medhātithi’s commentary (manubhāṣya):

This verse serves the purpose of recapitulating all the expiatory rites laid down in connection with ‘Brāhmaṇa- Killing.’

The term ‘Brāhmaṇa’ stands here for all castes.

‘Removes’ — destroys.

‘On account of his being self-possessed’ — i.e., by reason of his being cognisant of the true nature of the Self. In

fact a man is called ‘self-possessed’ when he has full faith in what is prescribed in the scriptures; this man’s firm conviction is that what laid down in the scriptures can never be wrong. — (86)

 

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

 

 

VERSE 11.87

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

 

हत्वा गर्भमविज्ञातमेतदेव व्रतं चरेत् ।
राजन्यवैश्यौ चैजानावात्रेयीमेव च स्त्रियम् ॥८७॥

hatvā garbhamavijñātametadeva vrataṃ caret |
rājanyavaiśyau caijānāvātreyīmeva ca striyam ||87||

 

Having killed an unknown embryo, one should perform this same penance, — also on killing a Kṣatriya or a Vaiśya, who has performed sacrifices, or a woman of the ‘Ātreyī’ race. — (87)

 

Medhātithi’s commentary (manubhāṣya):

‘Embryo’ — belonging to the Brāhmaṇa caste.

The meaning of the verse is that one should not help an abortion.

‘Unknown’ — whose male or female sex is not yet ascertainable. When this has become ascertainable, the expiation shall be in accordance with the sex.

“How can there be a killing of the embryo, until the woman is also killed?”

Abortions are generally secured by the use of medicines and such other methods.

‘This same penance.’ — They say that, since the singular number is used here, it is the ‘Twelve-year Penance’ that is meant here; specially as this is what has been spoken of in closest proximity to the present text.

Others, however, have held that the term ‘this same’ refers to the means of purification in general; hence it stands for all the expiatory rites that have been laid down in connection with ‘Brāhmaṇa-killing.’

‘A Kṣatriya or a Vaiśya who has performed sacrifices — i.e., who is engaged in a sacrificial performance; — no significance attaching to the past tense (in ijānau’); as in another Smṛti text we read — ‘The Kṣatriya and the Vaiśya seated at the Extraction of Soma’; from which it would seem that the rule here laid down refers to the persons who have started the drinking of Soma, and not to those engaged in the performance of the Darśapūrṇamāsa and other sacrifices. But the clear implication of the Vedic text is that it applies to persons engaged in any sort of sacrificial performance; — the actual text being ‘it is only when one has become a Brāhmaṇa that he engages in a sacrifice’ [where no particular sacrifice is specified].

‘A woman qf the Ātreyī race.’ — Woman born in the race of Atri. The caste of the man and the woman being the same, what is prescribed in connection with the killing of ‘a Brāhmaṇa’ should apply equally to the case of the male and the female; hence the mention of ‘the woman of the Ātreyī race’ clearly excludes women of the other races; which means that the killing of these other women of other Brāhmaṇa races, would be only a ‘minor offence,’ mentioned above as ‘the killing of a woman of a Vaiśya or a Kṣatriya’ (66). What has been spoken of as ‘the killing of a woman or of a friend eta, eta,’ refers to women of all the four castes. The upshot of all this is — that in the case of the killing of a Brāhmaṇa woman, there are two optional alternatives — the expiation laid down for ‘heinous offences’ and that prescribed for a ‘minor offence’; which one of the two is to be adopted bring determined by the qualifications of the husband or of the woman herself, — as also by the intentional or unintentional character of the crime. For instance, (a) even in the case of a woman of another caste, if she has a child still at her breast, the expiation shall be of the heavier kind, in consideration of the fact, that it would be difficult for the child to live after the mother’s death; — (b) in the case of the Brāhmaṇa woman who, faultless herself, has become an object of hatred to her husband, and is killed by a man because, on being approached by him, she preserves her chastity and does not accede to his proposal, — the expiation shall be of the heavier kind; — as also (c) in the case of recklessly killing a friend’s wife. In other cases on the other hand, ordinary expiation according to Verse 66 would be applicable In the case of the woman of the ‘Ātreyī’ race, however, there are no alternatives.

Others have explained the word ‘Ātreyī’ to mean a woman in her courses, on the strength of its occurring along with the term ‘embryo.’ They quote the text — ‘pātyate bhrūṇahā, ātreyyāśca hantā’ — where the term ‘bhrūṇahā’ means ‘the slayer of a Brāhmaṇa.’ Under this explanation also the woman in her courses referred to must be a Brāh maṇa. She is called ‘Ātreyi’ in consideration of the fact that she is sure to carry a child in her womb. Though the use of the nominal affix found in the term ‘Ātreyī’ is nowhere laid down in the sense here attributed to it, yet the said denotation may be accepted on the strength of usage. — (87)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.251), according to which ‘avijñāta garbha’ indicates the stage of pregnancy before the sex of the child has been determined; — it adds that though the fact of the child in the womb belonging to the Brāhmaṇa-caste would make the offender liable to the expiation for Brāhmaṇa-slaying, — yet, in as much as the possibility of the child being female might lead one to think that the guilt of killing a female would be a ‘minor sin,’ and hence involve a lighter expiation, — it becomes necessary to emphasise the necessity of performing the heavier expiation.

It is quoted in Prāyaścittaviveka (pp. 87, 179 and 228), which adds the explanation that, having killed the Brāhmaṇa embryo, before its sex has been determined, one should perform the rites laid down in connection with ‘Brāhmaṇa-murder,’ as also for killing a Kṣatriya or a Vaiśya — while they are performing a sacrifice, — an d also for killing an ‘ātreyī,’ i.e., a Brāhmaṇī.

 

Comparative notes by various authors:

(verses 11.87-88)

Gautama (22.12-13). — ‘The same penance that has been prescribed for Brāhmaṇa-slaying shall be performed by one who has killed a Brāhmaṇa female when she has bathed after her course; also for destroying the embryo of a Brāhmaṇa, though its sex may be not distinguishable.’

Bodhāyam (2.1-12). — ‘The penance for killing a woman who has bathed after her courses is the same as that for the killing of a Brāhmaṇa.’

Āpastamba (1.24.8-9). — ‘He who has destroyed an embryo of a Brāhmaṇa, or a woman during her courses, is called Abhiśasta, accursed, and stands on the same footing regarding expiation, as the Brāhmaṇa-killer.’

Vaśiṣṭha (20.23, 34-35). — ‘He is called Bhrūṇahan who kills a Brāhmaṇa or destroys an embryo the sex of which is unknown. For killing a female of the Brāhmaṇa caste who is an Ātreyī...... the same penance that is prescribed for the Brāhmaṇa-killer should be performed. That woman is called Ātreyī who has bathed after her courses.’

Viṣṇu (50.8-10). — ‘He who has killed a pregnant woman, or a woman in her courses, or a woman who has bathed after her courses, or a friend, shall perform the Mahāvrata.’ (p. 839)

Yājñavalkya (3.251). — ‘He who destroys an embryo or an Ātreyī woman should perform the penance laid down for the Brāhmaṇa-killer.’

 

 

VERSE 11.88

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

 

उक्त्वा चैवानृतं साक्ष्ये प्रतिरुध्य गुरुं तथा ।
अपहृत्य च निःक्षेपं कृत्वा च स्त्रीसुहृत्वधम् ॥८८॥

uktvā caivānṛtaṃ sākṣye pratirudhya guruṃ tathā |
apahṛtya ca niḥkṣepaṃ kṛtvā ca strīsuhṛtvadham ||88||

 

Similarly also for telling a lie in giving evidence, for angering the preceptor, for misappropriating a trust, and for killing one’s wife or friend. — (88)

 

Medhātithi’s commentary (manubhāṣya):

The expiation here laid down pertains to giving false evidence in connection with gold, land and such things, or in cases of doubt regarding a murder. The guilt in these cases is very much heavier; and in regard to other expiations laid down elsewhere, the adoption of one or the other should be determined in accordance with the gravity or otherwise of the

‘Angering.’ — This is the same as what has been spoken of as ‘falsely harassing’ under 56 above; as ‘harassment’ is always preceded by ‘angering.’

‘Trust.’ — In this case also the exact nature of the expiation shall depend upon such considerations as to whether the trust-property belongs to a poor or to a rich person, to a low person or to a Brāhmaṇa, or to some other person of high position. In a case where only one expiation is mentioned, it can be one only; and there can be no occasion for any assumptions. In fact, in connection with giving false evidence and ‘misappropriating a trust’ there are no varying grades of expiation.

What is prescribed in connection with ‘wine-drinking’ is certainly somewhat heavier; but every case is to be determined in accordance with ‘the capacity etc.,’ of the guilty person (11.209); though these considerations have been laid down only as affecting those offences ‘for the expiation whereof no atonement has been prescribed’ (209). — (88)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.244), which adds the following notes: — This refers to cases where the false evidence leads to the death of men; — ‘pratirabhya,’ becoming passionately angry with; — ‘nikṣepa,’ the deposit placed by a Brāhmaṇa, — ‘strī’ here stands for the wife of a person who has taken the fires, who is endowed with the quality of being devoted to her husband and so forth; — in Prāyaścittaviveka (p. 179); — and in Vīramitrodaya (Vyavahāra 56b).

 

Comparative notes by various authors:

(verses 11.87-88)

See Comparative notes for Verse 11.87.

 

 

VERSE 11.89

Section VII - Special Expiation

for Special Offences: (a) For Killing a Brāhmaṇa

 

इयं विशुद्धिरुदिता प्रमाप्याकामतो द्विजम् ।
कामतो ब्राह्मणवधे निष्कृतिर्न विधीयते ॥८९॥

iyaṃ viśuddhiruditā pramāpyākāmato dvijam |
kāmato brāhmaṇavadhe niṣkṛtirna vidhīyate ||89||

 

All this expiation has been laid down for killing a Brāhmaṇa unintentionally; for killing a Brāhmaṇa intentionally no atonement has been ordained. — (89)

 

Medhātithi’s commentary (manubhāṣya):

‘Killed’ — murdered.

This verse has been already explained above as meant to indicate that the expiation for intentional ‘Brāhmaṇa- killing’ should be very heavy. — (89)

 

Explanatory notes by Ganganath Jha:

‘Iyam’. — According to some this refers to verse 72, and these people hold that “in the case of wilful murder the penance has to be made severer by doubling or trebling the term of twelve years.” — Buhler.

This verse is quoted in Mitākṣarā (3.226), where it is put forward (by the Pūrvapakṣin) in support of the view that in the case of wilful murder there is no expiation at all; — but the Siddhānta view is that ‘iyam’ refers to the ‘Twelve Years’ Penance mentioned before (verse 72), and the latter half of the verse does not entirely deny all expiation; since several texts have definitely prescribed expiation by death in such cases. — It is quoted again under 3.243, in support of the view that the ‘Twelve Years’ Penance is meant to meet cases of unintentional murder; — in Vyavahāra-Bālambhaṭṭī (p. 77); — in Nṛsiṃhaprasāda (Prāyaścitta 2a); — in Smṛtisāroddhāra (p. 354), which says that this precludes only the ‘Twelve Years Penance,’ and not all kinds of expiation, as suicide is actually laid down as the expiation for intentional Brāhmaṇa-murder; — and in Prāyaścittaviveka (p. 65), wḥich says that the meaning is that the ‘Twelve Years’ and other penances are precluded from intentional Brāhmaṇa-murder, and the implication is that there is no expiation for it.

 

Comparative notes by various authors:

Gautama (21.7). — ‘Manu declares that the first three crimes (Brāhmaṇa-killing, wine-drinking and violating of Guru’s bed) cannot be expiated.’

Baudhāyana (2.1-6). — ‘They quote the following — “He who unintentionally slays a Brāhmaṇa becomes sinful”... The sages declare that he may be purified if he did it unintentionally; but no expiation is found for wilful murder.’

 

 

VERSE 11.90 [Expiation of drinking Wine (surā)]

Section VIII - Expiation of drinking Wine (surā)

 

सुरां पीत्वा द्विजो मोहादग्निवर्णां सुरां पिबेत् ।
तया स काये निर्दग्धे मुच्यते किल्बिषात् ततः ॥९०॥

surāṃ pītvā dvijo mohādagnivarṇāṃ surāṃ pibet |
tayā sa kāye nirdagdhe mucyate kilbiṣāt tataḥ ||90||

 

A twice-born person, having, through folly, drunk wine, shall drink wine red-hot; he becomes freed from his guilt, when his body has been completely burnt by it. — (90)

 

Medhātithi’s commentary (manubhāṣya):

Though the text speaks of ‘twice-born men,’ yet what is said here is meant for the Brāhmaṇa only; says another Smṛti text — ‘Hot wine should be poured on the Brāhmaṇa’ (Gautama, 23.1).

‘Through folly’ — this is only explanatory.

‘Red hot’ — Though the text uses the word ‘varṇa’ colour, yet it is mere heat that is meant; as is clear from what follows, about ‘the body being burnt.’ — (90)

 

Explanatory notes by Ganganath Jha:

The liquor Here meant is that distilled from ground grains, according to Medhātithi, Govindarāja And Kullūka; — according to Nārāyaṇa the death-penance is meant for all twice-born men partaking of liquor distilled from grains, and by Brāhmaṇas who have drunk any of the three kinds of liquor described under verse 95.

‘Mohāt’. — Nandana reads ‘amohāt’ and explains it as ‘not unintentionally’, ‘intentionally.’

This verse is quoted in Mitākṣarā (3.253), which explains ‘mohāt’ as meaning ‘ignorance of scriptural injunctions’. — It enters into a long discussion regarding the exact connotation in the present context, of the term ‘surā,’ and comes to the conclusion that it stands for the liquor distilled from ground grains; the partaking of which is equally heinous for all the three higher castes, — the drinking of the other two kinds, that distilled from molasses and that from honey, being sinful for the Brāhmaṇa only.

It is quoted in Madanapārijāta (p. 815), which adds the following notes: — ‘Mohāt’ stands for ‘ignorance of the scriptures,’ and not for ‘ignorance of the nature of the liquid drunk’; — ‘agnivarṇām,’ ‘heated to the extent of becoming red-hot’; — in Nṛsiṃhaprasāda (Prāyaścitta 9a); — and in Prāyaścittaviveka (p. 93), which explains ‘agnivarṇām’ as ‘hot as fire,’ and quotes Jikana to the effect that ‘mohāt’ means ‘intentionally.’

 

Comparative notes by various authors:

(verses 11.90-93)

Mahābhārata (12.165.48).

Gautama (23.1). — ‘They shall pour hot wine into the mouth of a Brāhmaṇa who has drunk wine; he will be purified by death.’

Baudhāyana (2.1.18, 19, 21). — ‘If he has drunk Surā he shall scald himself to death with hot wine. For unintentionally drinking Surā, he shall perform the Kṛcchra penances during three months and then undergo a second initiation. They quote the following — “A Brāhmaṇa, a Kṣatriya or a Vaiśya who has unintentionally drunk the wine called Vāruṇī must be initiated a second time.”’

Āpastamba (1.25.3). — ‘A wine-drinker has to drink exceedingly hot liquor, so that he dies.’

Vaśiṣtha (20-19, 22). — ‘If a Brāhmaṇa intentionally drinks liquor other than Surā, or if he unintentionally drinks Surā, he must perform a Kṛcchra and an Atikṛcchra; and after eating clarified butter, be initiated again. But a Brāhmaṇa who repeatedly partakes of Surā shall drink liquor of the same kind boiling hot. He becomes pure by death.’

Yājñavalkya (3.253-256). — ‘The man who drinks Surā attains purity by dying after drinking any one of the following things red-hot — Surā, water, clarified butter, cow’s urine and milk. Or he may perform the penance prescribed for Brāhmaṇa-killing, clothed in hair-cloth and wearing matted looks; or for one year he may use sesamum oil-cake or grains of rice at night only. If any one of the three castes unknowingly drinks the Vāruṇī wine, ho shall undergo initiation a second time. The Brāhmaṇa woman who drinks wine does not go to her husband’s regions; and in the world she is born as a bitch.’

Viṣṇu (51-1). — ‘A drinker of wine must abstain from all religious rites and subsist on grains unseparated from the husk for one year.’

 

 

VERSE 11.91

Section VIII - Expiation of drinking Wine (surā)

 

गोमूत्रमग्निवर्णं वा पिबेदुदकमेव वा ।
पयो घृतं वाऽ मरणाद् गोशकृद्रसमेव वा ॥९१॥

gomūtramagnivarṇaṃ vā pibedudakameva vā |
payo ghṛtaṃ vā' maraṇād gośakṛdrasameva vā ||91||

 

Or, he may drink red-hot cow’s urine, or water, or milk, or butter, or liquid cow-dung, until he dies. — (91)

 

Medhātithi’s commentary (manubhāṣya):

In the case of any one of these expiations, the epithet ‘red-hot’ is to be applied.

The cow’s urine and other substances have been specified with a view to predude dying by any other means.

In the present case, the ‘wine’ should be understood as standing for that liquor which is obtained from grains; as it is this liquor to which the term ‘wine’ is held to be directly applicable; its application to other liquors being indirect What is said here is applicable to cases of intentional wine-drinking; sis it is going to be declared later on (11.146) — “If one drinks wine unintentionally, he becomes purified by going through the sacramental rites.’

‘Agnivarna,’ ‘red-hot,’ means that it should be as hot as fire; as is clear from the phrase ‘until he dies.’

Wine is forbidden for women also. It has been declared in the work of Vaśiṣṭha that — ‘If a Brāhmaṇa woman drinks wine, the gods do not permit her to go to the regions where her husband has gone; she roams about in this world, and after all her merit has been exhausted, she becomes an amphibious animal.’ — (91)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 412), which adds that this refers to the same case as the preceding verse; i.e., to the intentional -drinking of liquor distilled from grains; — and in Prāyaścittaviveka (p. 93), which says that the ‘milk’ and ‘clarified butter’ meant are those of the cow only.

 

Comparative notes by various authors:

(verses 11.90-93)

See Comparative notes for Verse 11.90.

 

 

VERSE 11.92

Section VIII - Expiation of drinking Wine (surā)

 

कणान् वा भक्षयेदब्दं पिण्याकं वा सकृत्निशि ।
सुरापानापनुत्त्यर्थं वालवासा जटी ध्वजी ॥९२॥

kaṇān vā bhakṣayedabdaṃ piṇyākaṃ vā sakṛtniśi |
surāpānāpanuttyarthaṃ vālavāsā jaṭī dhvajī ||92||

 

Or, for the expiation of the guilt of wine-drinking, he may, for one year, eat only once at night either pieces of grain or oil-cake, clothed in hair-cloth, with his hair matted, and carrying a sign. — (92)

 

Medhātithi’s commentary (manubhāṣya):

This expiation is meant for those cases where wine is taken as medicine when life is in actual danger; — though winedrinking in such circumstances has been permitted by certain texts.

In connection with the case where wine has been drunk unintentionally, it is going to be laid down that the man should pass through the sacramental rites over again, and also perform the ‘Taptakṛcchra’ penance.

Others take this verse to apply to the case of the drinking of the ‘Gauḍī’ and ‘Mādhvī’ liquors; as another Smṛti text has declared that — ‘For drinking wine other than that got from grains, one should perform the Cāndrāyaṇa penance.’

‘Once.’ — This applies both to ‘pieces of grain’ and ‘oilcake’; — ‘at night.’

‘Hair-cloth’ — cloth made of the hair of the cow or the goat.

‘With his hair matted’ — only at the top — or over the whole head.

‘With a sign’ — such as a keg of wine and so forth. — (92)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.254), which adds that this refers to a case where wine has been drunk by mistake and then vomitted; — again, as referring to a case where the, wine has been taken unitentionally but thrown out, after it has merely touched the palate.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 412), to the same effect, — i.e. as referring to a case where the wine has only touched the palate; — in Nṛsiṃhaprasāda (Prāyaścitta 9b); — and in Prāyaścittaviveka (p. 98), which says that this refers either to cases of unintentional but repeated drinking of the Gauḍī and Mādhvī wines, or to those of intentional drinking, only once, of those wines.

 

Comparative notes by various authors:

(verses 11.90-93)

See Comparative notes for Verse 11.90.

 

 

VERSE 11.93

Section VIII - Expiation of drinking Wine (surā)

 

सुरा वै मलमन्नानां पाप्मा च मलमुच्यते ।
तस्माद् ब्राह्मणराजन्यौ वैश्यश्च न सुरां पिबेत् ॥९३॥

surā vai malamannānāṃ pāpmā ca malamucyate |
tasmād brāhmaṇarājanyau vaiśyaśca na surāṃ pibet ||93||

 

Wine indeed is the dirty refuse of grains, and sin also is called ‘dirt’; for this reason the Brāhmaṇa, the Kṣatriya and the Vaiśya shall not drink wine. — (93)

 

Medhātithi’s commentary (manubhāṣya):

Though the term ‘anna’ denotes literally ‘what is eaten,’ food, yet it is more commonly applied to the Vrīhi and other grains, as also to cooked rice, fried flour, cakes and so forth. It is on this basis that Pāṇini (2.1.34) has made a distinction between ‘anna’ and ‘vyañjana.’

Thus then, inasmuch as wine is obtained from grains, it becomes liable to be spoken of as ‘anna,’ ‘grain,’ and it comes to be spoken of as ‘the dirty refuse of grains.’ This description of wine is indicative of the fact that its use is forbidden. And this indication applies to all the three higher castes: — that the wine extracted from grains should not be drunk by the Brāhmaṇa, the Kṣatriya or the Vaiśya. Then again it is this wine extracted from grains to which the name is applicable more directly than to the other two varieties, the Gauḍī and the Mādhvī. Further, the expiation in the case of other distilled liquors is not so heavy as in the case of the Sīdhu (i.e., the Gauḍī) and the Mādhvī.

‘Sin also is called dirt,’ — this has been added with a view to indicate that wine is a most despicable thing.

Though the subject-matter of the present context is Expiation, yet the Syntactical Indication of the present verse clearly points to the prohibition of wine. And since it is a distinct sentence, it cannot be regarded as a mere declamation. — (93)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika p. 548); — in Aparārka (p. 1044), which adds the following notes: — ‘Being the refuse of grains’ is applicable only to that liquor which is distilled from ground grains, and not to those distilled from molasses and honey, as neither of these two latter is ‘grain,’ which name is applicable only to Vrīhi and other corns; thus then the drinking of liquor distilled from grains is forbidden for all twice-born men, and the other two kinds for the Brāhmaṇa only.

It is quoted in Mitākṣarā (3.253), firstly to the effect that ‘Surā’ is the name of that liquor which is distilled from grains; — secondly to the effect that this liquor is forbidden for all ‘the three higher castes, while that distilled from honey or molasses is forbidden for the Brāhmaṇa only; — in Prāyaścittaviveka (p. 89), which adds that ‘annānām’ stands not only for rice, but for barley, wheat and other grains also, — hence it is that the wine produced by the fermentation of grains is called ‘Surā — and in Smṛtisāroddhāra (p. 355), to the effect that the name ‘Surā’ d irectly denotes wine made from grains only.

 

Comparative notes by various authors:

(verses 11.90-93)

See Comparative notes for Verse 11.90.

 

 

VERSE 11.94

Section VIII - Expiation of drinking Wine (surā)

 

गौडी पैष्टी च माध्वी च विज्ञेया त्रिविधा सुरा ।
यथैवैका तथा सर्वा न पातव्या द्विजोत्तमैः ॥९४॥

gauḍī paiṣṭī ca mādhvī ca vijñeyā trividhā surā |
yathaivaikā tathā sarvā na pātavyā dvijottamaiḥ ||94||

 

Wine should be understood to be of three kinds: (a) distilled from molasses (Gauḍī ), (b) distilled from grains (Paiṣṭī), and (c) ‘distilled from grapes’ (Mādhvī); as the one so all the rest should never be drunk by the chief of the twice-born. — (94)

 

Medhātithi’s commentary (manubhāṣya):

‘Gauḍī’ is that which is distilled from ‘Guḍa,’ molasses. Even according to those persons who make wine directly from fermented cane-juice itself, the article distilled is ‘Gauḍī’ ‘distilled from guḍa,’ in the sense that the name of the product, (guḍa, molasses) is applied to the cause (cane-juice).

The ‘Mādhvī’ is that ‘distilled from madhu, grape-juice i.e., in its fermented form’; for fresh grape-juice, before it has become fermented into wine, is not forbidden. This distinctly lays down that it is the fermented grape-juice that is called ‘Mādhvī.’ Wherever the prohibition contains the word ‘madya’ (‘intoxicating substance’), it cannot apply to any substance which has not acquired intoxicating properties; us such a substance could not be spoken of as ‘madya,’ intoxicating substance. A similar case is that of the word ‘Śukta’ (‘fermented gruel’) which is applied to the gruel in a certain condition, and not to gruel in general. So long as the gruel has not become soured, it is not called ‘Śukta.’ In the same manner again, the calf is not called a ‘bull’ while it is young.

Thus it is that the mixture of grain water and other things does not come to be called ‘wine,’ so long as it does not imbibe intoxicating properties, by being kept over night Similarly with cane-juice, grape-juice and other substances.

“From all this it would follow that the drinking of a small quantity of wine is permitted — that quantity of it which, if drunk, does not cause intoxication, or when this is prevented by the use of an antidote.”

There is no force in this objection. The prohibition is not meant to apply to the bringing about of intoxication; it does not mean, for instance, that ‘one should act so that he does not become intoxicated or drunk’; what the prohibition means is that ‘one should not drink that which possesses the capacity to cause intoxication’; and this capacity is present in a small quantity of wine also. The mere fact that while dry and low-spirited wine inebriates even when drunk in small quantities, that which is soft and high-spirited does not do so even when drunk in large quantities, — does not prove that there is no intoxicating power in the latter. Mere absence of effects does not necessarily prove the absence of the causa For instance, because a certain quantity of fire is unable to burn a large piece of wood, that does not prove that the fire does not possess the power to burn; specially when it is found that it is quite capable of burning dry grass.

It has been argued that — “it would seem that the drinking of wine is permitted if its intoxicating properties are counteracted by an antidote.”

But there is no force in this objection either. For even though the fire may not burn a heap of grass when it is wet, it does not mean that it does not possess the power to burn; all that it indicates is that though the power is there, it is unable to produce its effect But so long as the power is there, the chance of the effect being produced is always there.

Then again, no other substance could deprive the wine of its inherent power of intoxicating; all that it can do is to prevent the effects from appearing. Thus it is that a man of bilious temperament becomes intoxicated by the use of even a small quantity of wine, another man of phlegmatic temperament is not so easily intoxicated. From all this it is clear that the power is not destroyed in either case.

Thus then the prohibition cannot apply to the substance which is yet to acquire the intoxicating power. Nor can it be regarded as forbidden simply because there is prohibition of it as possessing certain definite characteristics. For instance, in the case of the assertion — ‘the thief should be avoided’ (it is not meant that every man, even before he has committed theft, shall be avoided). It is for this reason that no prohibition applies to the gruel before it has become sour.

“How do you explain the form ‘Mādhvī’? The correct form should be ‘Mādhavī.’”

The answer to this is that rules as applied to proper names are not compulsory (Paribhāṣā, 95); and the authority for this consists of Pāṇini’s Sūtra 3.4.146.

The use of the term ‘chief of the twice-born’ has been used with a view to permit wine-drinking for the Kṣatriya and the Vaiśya. For instance, the Mahābhārata describes wine as drunk by the Yadāvas and the Bhāratas: — ‘Both Keśava and Arjuna were found by me to be drunk with wine,’ — which is a declamatory assertion pointing to the same fact “Why is then the plural form in ‘so all?’”

Two of them are the substances likened and one is that to which those are likened.

The mention of wine being the ‘dirty refuse of grains’ is meant to be a declamatory assertion producing a reason for what has been prescribed; just as in the case of the text ‘Śūrpeṇa juhoti tena hi annam kriyate.’ — (94)

 

Explanatory notes by Ganganath Jha:

‘Madhvī.’ — distilled from honey’ (Medhātithi); — ‘distilled from Madhūka flowers’ (Kullūka); — ‘distilled either from grapes and from Madhūka flowers or from honey’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 1044), which adds that the liquor distilled from grains is here made an example of prohibited drink; which means that this is the principal kind of liquor, and the other two are only secondary; it is for this reason that though all the three are equally forbidden for the Brāhmaṇa, the former alone is forbidden for the Kṣatriya and the Vaiśya.

It is quoted in Mitākṣarā (3.253), to the effect that liquor distilled from grains is the principal kind of liquor; — and again, in the sense that the sin involved in the drinking of liquor distilled from honey and molasses is as heavy as that in drinking that distilled from grains.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 411), which notes that the name ‘Surā’ is applied primarily to liquor distilled from grains only, and only indirectly to those distilled from honey and molasses; — in Vīramitrodaya (Āhnika, p. 548); — in Madanapārijāta (p. 814), which notes that ‘dvijottama’ stands for Brāhmaṇas; hence the meaning is that all kinds of liquor are forbidden for the Brāhmaṇa from his very birth; — in Prāyaścittaviveka (p. 89) in support of the view that the name ‘Surā’ applies to wines of all the three kinds; — and in Smṛtisāroddhāra (p. 355) to the effect that the name ‘Surā’ applies directly to these three kinds of wine only, and only figuratively to other kinds.

 

Comparative notes by various authors:

(verses 11.94-97)

Viṣṇu (22.82). — ‘Distilled from sugar, or from the blossoms of Madhūka, or from flour; these three kinds of wine have to be discerned; as the one so all; none of them should be tasted by the twice-born. Further, that distilled from the blossoms of the Madhūka, from molasses, from the Ṭaṅka fruit, from the Jujube fruit, from dates, from the bread-fruit, from honey, Maireya wine, and wine made of the sap of the cocoanut (coconut?) tree; these ten intoxicating drinks are unclean for the Brāhmaṇa; but the Kṣatriya and the Vaiśya commit no wrong in touching or drinking them.’

Agastya (Aparārka, p. 1070). — ‘That distilled from the jack-fruit, from grapes, from Madhūka blossoms, from dates, from palm-fruit, from sugar-cane juice, from honey, the Maira, from the cocoanut, — these eleven kinds of wine are equal; the twelfth is the wine called Surā, which is the worst of all.’

 

 

VERSE 11.95

Section VIII - Expiation of drinking Wine (surā)

 

यक्षरक्षः।पिशाचान्नं मद्यं मांसं सुरासवम् ।
तद् ब्राह्मणेन नात्तव्यं देवानामश्नता हविः ॥९५॥

yakṣarakṣaḥ |piśācānnaṃ madyaṃ māṃsaṃ surāsavam |
tad brāhmaṇena nāttavyaṃ devānāmaśnatā haviḥ ||95||

 

Intoxicants, meat, wine and distilled liquors are the food of Yakṣas, Rākṣasas and Piśācas; it should not be taken by the Brāhmaṇa who partakes of the offerings to the gods. — (95)

 

Medhātithi’s commentary (manubhāṣya):

‘Yakṣa’ and the rest are lower classes of beings, ignorant of the law relating to what should and what should not be eaten; and it is they that eat meat

The compound ‘Surāsavam,’ is a copulative one, i.e., in accordance with Pāṇini 2.4.6.

‘Distilled liquor’ also is a kind of ‘intoxicant,’ there being a slight difference between the two. The two are mentioned on the analogy of such expressions as ‘the ox and the bull’

‘Who partake of the offering to the gods’ — The cake, rice and such substance offered to the gods are called ‘offerings’; as mentioned in connection with the Darśa-pūrṇamāsa and other sacrifices. It is these that it is right and proper for the Brāhmaṇa to eat, and not wine and meat, which are the food of the lower spirits. — (95)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.253), as implying that it is for the Brāhmaṇa alone that all the three kinds of liquor are equally forbidden; — in Aparārka (p. 1069), to the effect that (a) the Surā is to be avoided by all the twice-born, even before initiation, (b) the Mādhvī and the Gauḍī are to be avoided by the Brāhmaṇa at all times, but by the Kṣatriya and the Vaiśya only during the period of studentship.

It is quoted in Smṛtitattva (p. 225); — in Vīramitrodaya (Āhnika 548); — in Madanapārijāta (p. 814), to the effect that the Mādhvī and the Gauḍī are forbidden only for the Brāhmaṇa, not for the Kṣatriya and the Vaiśya; but they are forbidden for all the three higher castes during the period of studentship; — and in Smṛtisāroddhāra (p. 355).

 

Comparative notes by various authors:

(verses 11.94-97)

See Comparative notes for Verse 11.94.

 

 

VERSE 11.96

Section VIII - Expiation of drinking Wine (surā)

 

अमेध्ये वा पतेन् मत्तो वैदिकं वाऽप्युदाहरेत् ।
अकार्यमन्यत् कुर्याद् वा ब्राह्मणो मदमोहितः ॥९६॥

amedhye vā paten matto vaidikaṃ vā'pyudāharet |
akāryamanyat kuryād vā brāhmaṇo madamohitaḥ ||96||

 

A Brāhmaṇa, stupefied by drunkenness, might tumble down upon unclean things; or he might wrongly recite the Veda; or he might do some other improper act. — (96)

 

Medhātithi’s commentary (manubhāṣya):

‘Tumbling on unclean things’ is purely declamatory, like the mention of ‘the eating of the food of the gods.’

“How can the reciting of Vedic texts ever be an improper act?”

The answer to this is that what is meant is that ‘he might do an act which is improper,’ as compared to the reciting of the Veda. Further, why is it impossible for the reciting of Veda to be ‘improper?’ In fact the uttering of Vedic texts has been clearly forbidden for one who is in an unclean condition. — (96)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika, p. 548).

 

Comparative notes by various authors:

(verses 11.94-97)

See Comparative notes for Verse 11.94.

 

 

VERSE 11.97

Section VIII - Expiation of drinking Wine (surā)

 

यस्य कायगतं ब्रह्म मद्येनाप्लाव्यते सकृत् ।
तस्य व्यपैति ब्राह्मण्यं शूद्रत्वं च स गच्छति ॥९७॥

yasya kāyagataṃ brahma madyenāplāvyate sakṛt |
tasya vyapaiti brāhmaṇyaṃ śūdratvaṃ ca sa gacchati ||97||

 

When the ‘Brahman’ resident in his body has been once deluged by wine, the ‘Brāhmaṇahood’ disappears and the man becomes a Śūdra. — (97)

 

Medhātithi’s commentary (manubhāṣya):

When the Veda has been duly studied, it remains in the man’s heart, in the form of memory; and it is the Veda thus committed to memory that is called here ‘Brahman.’ The meaning thus is that when the heart has become ‘deluged with wine,’ the man becomes a Śūdra.

‘Brāhmaṇahood’ has been mentioned with a view to indicate that all kinds of wine are forbidden for the Brāhmaṇa, — the wine distilled from grains alone being forbidden for the Kṣatriya and Vaiśya. — (97)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Āhnika p. 548).

 

Comparative notes by various authors:

(verses 11.94-97)

See Comparative notes for Verse 11.94.

 

 

VERSE 11.98

Section VIII - Expiation of drinking Wine (surā)

 

एषा विचित्राभिहिता सुरापानस्य निष्कृतिः ।
अत ऊर्ध्वं प्रवक्ष्यामि सुवर्णस्तेयनिष्कृतिम् ॥९८॥

eṣā vicitrābhihitā surāpānasya niṣkṛtiḥ |
ata ūrdhvaṃ pravakṣyāmi suvarṇasteyaniṣkṛtim ||98||

 

Thus have been described the various expiations for wine-drinking; after this I am going to expound the expiation for the theft of gold. — (98)

 

Medhātithi’s commentary (manubhāṣya):

The purpose of the two halves of the verse is as is clearly stated here. — (98)

Last Updated: 16 February, 2018

 

 

VERSE 11.99 [Expiation for stealing Gold (suvarṇa)]

Section IX - Expiation for stealing Gold (suvarṇa)

 

सुवर्णस्तेयकृद् विप्रो राजानमभिगम्य तु ।
स्वकर्म ख्यापयन् ब्रूयात्मां भवाननुशास्त्विति ॥९९॥

suvarṇasteyakṛd vipro rājānamabhigamya tu |
svakarma khyāpayan brūyātmāṃ bhavānanuśāstviti ||99||

 

A Brāhmaṇa who has committed the theft of gold shall go to the King, and confessing his crime, shall say ‘sire, punish me.’ — (99)

 

Medhātithi’s commentary (manubhāṣya):

This is the expiation for stealing gold belonging to a Brāhmaṇa.

The term ‘brāhmaṇa’ is meant to include all castes; as is dear from the fact that no other expiation has been prescribed for the Kṣatriya and other castes.

‘Punish me.’ — ‘Inflict the proper punishment on me.’ The man shall go to the King and tell him this.

The word ‘King’ here stands for the Sovereign of the country, — but one who is of the Kṣatriya caste. — (99)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 414); — and in Prāyaścittaviveka (p. 117).

 

Comparative notes by various authors:

(verses 11.99-102)

[See above 8.314-316.]

Āpastamba (1.25.10). — ‘Those who have stolen gold, drunk wine or violated the Guru’s bed, but not those who have slain a Brāhmaṇa, shall eat every fourth meal-time a little food, bathe at the time of the three libations, passing the day standing and the night sitting. After the lapse of three years, they throw off their guilt.’

Viṣṇu (52.1-3). — ‘He who has stolen gold must bring a club to the King, proclaiming his deed; whether the King kills him with it, or dismisses him unhurt, he becomes purified. Or in the case he did it unawares, he shall perform the Mahāvrata for twelve years.’

Yājñavalkya (3.257-258). — ‘One who steals Brāhmaṇa’s gold should hand over a club to the King, proclaiming his deed; whether killed, or let off, by the King, he becomes pure, if he does not report it to the King, he shall he purified by performing the penance laid down for the drinker of wine; — or he must give away to the Brāhmaṇa his own weight in gold.’

 

 

VERSE 11.100

Section IX - Expiation for stealing Gold (suvarṇa)

 

गृहीत्वा मुसलं राजा सकृद्द् हन्यात् तु तं स्वयम् ।
वधेन शुध्यति स्तेनो ब्राह्मणस्तपसैव तु ॥१००॥

gṛhītvā musalaṃ rājā sakṛdd hanyāt tu taṃ svayam |
vadhena śudhyati steno brāhmaṇastapasaiva tu ||100||

 

Taking up a club, the King himself shall strike him once. The thief becomes purified by death; but the Brāhmaṇa by penance alone. — (100)

 

Medhātithi’s commentary (manubhāṣya):

‘Club’ — a particular kind of stick, made of iron or wood.

‘Once,’ ‘himself’ — both of these are meant to be emphasised.

‘Becomes purified by death.’ — The man shall be struck only; it does not matter whether or not he dies by it; he becomes purified by the stroke of the club.

‘The Brāhmaṇa by penance’ — as described below. Here also stress is not meant to be laid upon the term ‘Brāhmaṇa.’ It is for this reason that the next verse contains the term ‘twice-born person’ (in general).

Though the stealing of Kṛṣṇala (grains of gold, used at certain sacrifices) is a serious crime, yet, what is here laid down should be understood as pertaining to the stealing of a hundred gold-pieces. It has been explained that punishment and expiation proceed on the same lines; and, in connection with punishments, it has been said that ‘death shall be the penalty when more than a hundred gold-pieces have been stolen’ (8.321); hence the expiation here put forward should also be taken as pertaining to the stealing of the same quantity.

As regards the assertion that the thief becomes pure by death, it is understood to be based upon the passage — ‘For him the King shall take up a weapon made of Udumbara wood, and kill him with it, and he becomes pure by that death.’ And this refers to a case where the stealer is a Kṣatriya or one lower still, and the owner is a highly qualified person.

When, however, the man is prepared to die, he may be made to refund what he has stolen and smeared with butter, live upon cow-dung (?). — (100)

 

Explanatory notes by Ganganath Jha:

‘Tapasaiva tu.’ — “Kullūka thinks that it indicates that, while a Brāhmaṇa must never be slain by the king, other Āryans also may perform austerities. — According to Rāghavānanda it refers to the optional recitation of the Gāyatri 700,000 times; — according to Nārāyaṇa to other penances, even such as end in death; — Govindarāja takes it as referring to those prescribed in the next verse.” — Buhler.

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 414), which adds the following notes: — The alternative of ‘killing’ is meant for one who is a Brāhmaṇa in name only while ‘austerity’ is for one who is endowed with such qualities as being devoted to sacrifices and so forth. It goes on to add that the death-penalty is meant for cases of intentional stealing; unintentional stealing of gold being possible in cases where a man steals a piece of cloth, to which (unknown to him) a piece of gold may be tied. It adds that the particular ‘austerity’ is, meant as described by Manu himself in the next verse.

It is quoted in Aparārka (p. 1079), which adds that the term ‘vipraḥ’ does not preclude the other castes; it is emphasised only with a view to indicate that what is here stated is an exception to the general prohibition ‘the Brāhmaṇa shall not he killed this general prohibition is of that act of killing to which one is prompted by mere passion; in the case in question the killing is done as an act of justice, and at the request of the culprit himself. In fact the omission of this act of justice would involve the king in sin.

It is quoted in Mitākṣarā (3.267), which adds the following note — On being struck once, if the culprit dies, he becomes absolved from his sin; but even if he do not die when struck, he becomes absolved from the sin; — and again, to the effect that, the killing of the Brāhmaṇa under the said circumstances is permissible; — and in Prayaścittaviveka (p. 117).

 

Comparative notes by various authors:

(verses 11.99-102)

[See above 8.314-316.]

See Comparative notes for Verse 11.99.

 

 

VERSE 11.101

Section IX - Expiation for stealing Gold (suvarṇa)

 

तपसापनुनुत्सुस्तु सुवर्णस्तेयजं मलम् ।
चीरवासा द्विजोऽरण्ये चरेद् ब्रह्महनो व्रतम् ॥१०१॥

tapasāpanunutsustu suvarṇasteyajaṃ malam |
cīravāsā dvijo'raṇye cared brahmahano vratam ||101||

 

If a twice-born person is desirous of removing the guilt of stealing gold by means of penance, he should perform the penance prescribed for the slayer of a Brāhmaṇa, — living in a forest, clothed in rags. — (101)

 

Medhātithi’s commentary (manubhāṣya):

This only refers to the ‘Twelve-year Penance,’ and not to any other of the several expiations prescribed for the slayer of a Brāhmaṇa; — the construction being — ‘He shall perform that penance which has been prescribed for the slayer of a Brāhmaṇa.’

‘Who desires to remove’ — anxious to wipe off; desirous of purification. — (101)

 

Explanatory notes by Ganganath Jha:

“According to Nārāyaṇa this verse refers to an unintentional offence; according to Kullūka and Rāghvānanda, to the theft of a small sum.” — Buhler.

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 415), as describing the ‘austerity’ mentioned in the preceding verse; — and in Aparārka (p. 1080), which remarks that this refers to a case where the gold stolen belonged to a Brāhmaṇa devoid of good qualities, or where the theft has been committed by a Brāhmaṇa possessing good qualities in times of distress for the support of his family; — and that in a case where one without qualities has stolen gold belonging; to a Brāhmaṇa with good qualities, in large quantities, or for such evil purposes as gambling and the like, the expiation must be one that ends in the culprit’s death.

 

Comparative notes by various authors:

(verses 11.99-102)

[See above 8.314-316.]

See Comparative notes for Verse 11.99.

 

 

VERSE 11.102

Section IX - Expiation for stealing Gold (suvarṇa)

 

एतैर्व्रतैरपोहेत पापं स्तेयकृतं द्विजः ।
गुरुस्त्रीगमनीयं तु व्रतैरेभिरपानुदेत् ॥१०२॥

etairvratairapoheta pāpaṃ steyakṛtaṃ dvijaḥ |
gurustrīgamanīyaṃ tu vratairebhirapānudet ||102||

 

The twice-born man shall remove the guilt caused by theft by means of these penances. That caused by intercourse with the Preceptor’s wife he shall wipe off by means of these following penances. — (102)

 

Medhātithi’s commentary (manubhāṣya):

“Inasmuch as only two modes of purification have been mentioned above — ‘the thief becomes purified by death, and also by penance,’ — the plural number in ‘these penances,’ does not appear to be right”

This same use of the plural number is indicative of the fact that there are other expiations also, which have not been mentioned, — to be determined by the considerations of the circumstances attending each case.

‘Gurustrīgamanīyam’ means that of which intercourse with the Preceptors’s wife is the incentive; — the cause is often regarded as the prayojana, the incentive, which prompts or brings about the effect — (102)

 

Comparative notes by various authors:

(verses 11.99-102)

[See above 8.314-316.]

See Comparative notes for Verse 11.99.

 

 

VERSE 11.103 [Expiation for the violating of the Preceptor’s Bed (gurutalpa)]

Section X - Expiation for the violating of the Preceptor’s Bed (gurutalpa)

 

गुरुतल्प्यभिभाष्यैनस्तप्ते स्वप्यादयोमये ।
सूर्मीं ज्वलन्तीं स्वाश्लिष्येन् मृत्युना स विशुध्यति ॥१०३॥

gurutalpyabhibhāṣyainastapte svapyādayomaye |
sūrmīṃ jvalantīṃ svāśliṣyen mṛtyunā sa viśudhyati ||103||

 

He who has violated his Preceptor’s bed shall confess his crime and lie down upon a heated iron-bed; or embrace a blazing image. By death he becomes purified. — (103)

 

Medhātithi’s commentary (manubhāṣya):

‘He who has violated his preceptor’s bed’ — Another reading his ‘Gurutalpī’; — the term ‘talpī’ ending in the possessive affix, stands for a particular form of intercourse between man and woman.

By ‘preceptor,’ here is meant the Preceptor as well as the Father. And ‘bed’ stands for the wife.

The expiation here laid down is for intercourse with the wife of one’s preceptor, or with a step-mother of the same caste; and the three expiations here set forth refer to a case where the act has been intentional.

‘Confess his guilt’ — proclaim his crime.

He shall lie down upon a bed of iron as hot as fire; that this is what is meant is dear by the next sentence — ‘He becomes purified by death.’

‘Sūrmi’ is image of a woman, made of iron. This he shall embrace. — (103)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka, (p. 1083), which adds the following notes: — The culprit should openly proclaim his offence of having violated his Guru’s bed; — ‘sūrmī’ is a female image made of iron or some such metal.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 255); — in Madanapārijāta (p. 836 and 837), which notes that there are two expiations prescribed here: — (a) lying down upon a heated iron-bed, and (b) embracing the red hot image; — in Nṛsiṃhaprasāda (Prāyaścitta 11 a); — and in Prāyaścittaviveka (p. 137), which explains ‘gurutalpaḥ’ (which is its reading for ‘gurutalpī’) as ‘guroḥ talpam talpam yasya,’ ‘sūrmī’ as an iron image.

 

Comparative notes by various authors:

(verses 11.103-107)

Gautama (23.8-11). — ‘He who has defiled his Guru’s bed shall lay himself down on a heated iron-bed; or he shall embrace the red-hot iron-image of a woman; or he shall tear out his organ and testicles and, holding them in his hands, walk straight towards the south-west, until he falls down dead. He will be purified after death.’

Baudhāyana (2.1.13-15). — ‘He who has defiled his Guru’s bed shall lay himself down on a heated iron bed; — or embrace the red-hot image of a woman; — or cutting off his organ together with the testicles, and holding them in his joined hands, he shall walk towards the south-west until he falls down dead.’

Āpastamba (1.25.1-2). — ‘He who has had connection with his Guru’s wife shall cut off his organ together with the testicles, take them in his joined hands and walk towards the south until he falls down dead. Or he may die embracing a heated metal-image of a woman.’

Vaśiṣṭha (22.13-14). — ‘He who violates his Guru’s bed shall, cut off his organ together with the testicles, take them in his joined hands and walk towards the south; whenever he meets with an obstacle, there he shall stand until he dies; — or having shaved all his hair and smeared his body with clarified butter, he shall embrace the heated iron-image of a woman. It is declared in the Veda that he is purified after death.’

Viṣṇu (34.1, 2; — 53.1). — ‘Sexual connection with one’s mother or daughter or daughter-in-law is crime of the highest degree. Such criminals of the highest degree should enter the flames; there is no other way to atone for the crime. One who has had illicit sexual intercourse must perform the Prājāpatya penance for one year according to the rule of the Mahāvrata.’ (P. 839)

Mahābhārata (12.165.50-51). — (Same as Manu.)

Yājñavalkya (3.259-260). — ‘The violator of his Guru’s bed should he down on a heated iron-bed along with the iron-image of a woman; or cutting out his testicles and holding them he shall give up his body towards the south; or he shall perform the Prājāpatya penance for one year, or the Cāndrāyaṇa for three months, and shall repeat the Vedic text.’

 

 

VERSE 11.104

Section X - Expiation for the violating of the Preceptor’s Bed (gurutalpa)

 

स्वयं वा शिष्णवृषणावुत्कृत्याधाय चाञ्जलौ ।
नैरृतीं दिशमातिष्ठेदा निपातादजिह्मगः ॥१०४॥

svayaṃ vā śiṣṇavṛṣaṇāvutkṛtyādhāya cāñjalau |
nairṛtīṃ diśamātiṣṭhedā nipātādajihmagaḥ ||104||

 

Or, having cut off his penis and testicles, he shall take them in his joined hands and walk straight on towards the ‘region of evil spirits,’ until he falls down. — (104)

 

Medhātithi’s commentary (manubhāṣya):

The ‘cutting off’ here mentioned is conducive to purification. The use of a cutting instrument is implied by the fact that every act needs the requisite implements; so that the weapon implied must be one that is fit to be used for the required cutting.

The South-west is the ‘region of evil spirits.’

‘Straight on,’ — not deviating from the straight line; so that he may not seek to avoid wells or pits and such things; but in the case of walls and such obstacles, he should certainly go round them. — (104)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.259), which offers the following explanation: — He should himself cut off his testicles and the organ, take them in his hands and go away straight onwards towards the South-West, till his body falls off; it adds that the man should go towards the South-West backwards and with eyes bandaged.

It is quoted in Madanapārijāta (p. 836), which also adds that the man should go backwards and with eyes closed; — in Aparārka (p. 1083); — in Parāśaramādhava (Prāyaścitta, p. 253); — in Nṛsiṃhaprasāda (Prāyaścitta, p. 11a); — and in Prāyaścittaviveka (p. 137), which says that the ‘cutting’ should be done with a razor as distinctly prescribed by Śaṅkha-Likhita.

 

Comparative notes by various authors:

(verses 11.103-107)

See Comparative notes for Verse 11.103.

 

 

VERSE 11.105

Section X - Expiation for the violating of the Preceptor’s Bed (gurutalpa)

 

खट्वाङ्गी चीरवासा वा श्मश्रुलो विजने वने ।
प्राजापत्यं चरेत् कृच्छ्रमब्दमेकं समाहितः ॥१०५॥

khaṭvāṅgī cīravāsā vā śmaśrulo vijane vane |
prājāpatyaṃ caret kṛcchramabdamekaṃ samāhitaḥ ||105||

 

Or, carrying a bedstead, clothed in rags, with beard grown, he shall perform, in the solitary forest, the ‘Prājāpatya’ penance, for one year, with concentrated mind. — (105)

 

Medhātithi’s commentary (manubhāṣya):

This expiation refers to a case where the crime has been committed unintentionally, under the misapprehension that the woman was the man’s own wife; — or when the crime is intentional, and the woman belongs to a different caste.

‘Rags,’ ‘cīra,’ — pieces of doth.

‘With beard grown’ — letting his beard grow.

Even in a case where the woman is of the same caste, if she is an unchaste woman, the expiation shall be a light one. — (105)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 840); — and in Prāyaścittaviveka (p. 140), which says that this refers to unintentional intercourse with the guru-patnī who is unchaste.

 

Comparative notes by various authors:

(verses 11.103-107)

See Comparative notes for Verse 11.103.

 

 

VERSE 11.106

Section X - Expiation for the violating of the Preceptor’s Bed (gurutalpa)

 

चान्द्रायणं वा त्रीन् मासानभ्यस्येन्नियतैन्द्रियः ।
हविष्येण यवाग्वा वा गुरुतल्पापनुत्तये ॥१०६॥

cāndrāyaṇaṃ vā trīn māsānabhyasyenniyataindriyaḥ |
haviṣyeṇa yavāgvā vā gurutalpāpanuttaye ||106||

 

Or, with his senses controlled, he shall perform the ‘Cāndrāyaṇa’ for three months, subsisting on ‘sacrificial food’ or on barley-gruel, — for the expiating of the sin of violating the Preceptor’s bed. — (106)

 

Medhātithi’s commentary (manubhāṣya):

This expiation refers to those cases where the woman happens to be the wife of the maternal uncle or such other persons as are generally treated as ‘guru,’ ‘preceptor.’

‘Sacrificial food’ — milk, roots, butter and so forth.

‘Barley-gruel’ — a particular kind of drink. — (106)

 

Comparative notes by various authors:

(verses 11.103-107)

See Comparative notes for Verse 11.103.

 

 

VERSE 11.107

Section X - Expiation for the violating of the Preceptor’s Bed (gurutalpa)

 

एतैर्व्रतैरपोहेयुर्महापातकिनो मलम् ।
उपपातकिनस्त्वेवमेभिर्नानाविधैर्व्रतैः ॥१०७॥

etairvratairapoheyurmahāpātakino malam |
upapātakinastvevamebhirnānāvidhairvrataiḥ ||107||

 

By means of these penances, the committers of heinous crimes may wipe off their sins. The committers of minor offences may do the same by their following the several forms of penances. — (107)

 

Medhātithi’s commentary (manubhāṣya):

This summarises what has been said before and what is going to be said next — (107)

 

Comparative notes by various authors:

(verses 11.103-107)

See Comparative notes for Verse 11.103.

 

 

VERSE 11.108 [Expiation of “Minor Offences”: Cow-killing (goghna)]

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

 

उपपातकसंयुक्तो गोघ्नो मासं यवान् पिबेत् ।
कृतवापो वसेद् गोष्ठे चर्मणा तेन संवृतः ॥१०८॥

upapātakasaṃyukto goghno māsaṃ yavān pibet |
kṛtavāpo vased goṣṭhe carmaṇā tena saṃvṛtaḥ ||108||

 

The cow-killer, charged with a minor offence, shall drink barley for three months; and having shaved his head and covered with the skin of the cow, he shall live in the cow-pen. — (108)

 

Medhātithi’s commentary (manubhāṣya):

‘Cow-killer’ — one who has killed a cow; the word being formed with the ‘Ka’ affix.

‘Shall drink barley.’ — Some people explain this to mean a drink mixed with barley. Others, however, hold that the name of the original substance (barley) has been used in the sense of its product; hence what is meant is that the man shall drink barley-gruel.

In the ease of the former explanation, it is necessary to assume the addition of water or some liquid substance, without its being mentioned in the text; as mere barley-grains cannot be drunk, until they are mixed up with a liquid substance.

In the second explanation, however, all that is necessary is to take the word ‘barley’ in a figurative sense; and certainly, a figurative or indirect signification is much simpler than the assumption of what is not mentioned at all.

‘Having shaved his head’ — with his hair shaved off; or it may simply mean with his hairs cut.

‘Cow-pen’ — the place where cows sit and rest.

‘Covered with the skin of the cow’ — not necessarily of the cow that has been killed; it may be of another cow also. — (108)

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

These verses are quoted in Parāśaramādhava (Prāyaścitta, p. 191), which adds that this refers to the ease of intentionally killing a cow belonging to a Brāhmaṇa; — in Madanapārijāta (p. 860), which notes that what is laid down in verses 108 to 113 refers to cases of intentional killing of a cow belonging to the Kṣatriya, and what is declared in verses 115 and 116 to cases of killing any cow belonging to a Brāhmaṇa. It goes on to add the following notes: — Since the text mentions no other food, the man should live upon fruits and roots only; or the meaning may be that ‘anena vidhinā’ (of verse 115) refers to the two months’ course detailed in the foregoing verses; and the sense is that the man who is unable to give ten cows with a bull should give away all his belongings. When however one unintentionally kills a cow, young and well-fed, belonging to a Brāhmaṇa, he should observe the three-monthly penance prescribed by Aṅgiras.

They are quoted also in Smṛtitattva (p. 519); — in Smṛtisāroddhāra (p. 358); — and in Prāyaścittaviveka (pp. 196-197), which says that this refers to the ordinary killing of the cow, and not to its killing for sacrifices; — and adds the following explanation: — He should shave his head, cover himself with the skin of the cow he has killed, and drink gruel of barley cooked in cow’s urine’, and thus live in the cow-pen, for one month, and during the next two months he should fast during the day and eat a little in the evening, — ‘vīrāsana’ is sitting without any support, — ‘abhiśasta’ attacked, — ‘bhayaih’ by dangerous animals, — ‘sarvaprāṇaiḥ’ (which is its reading for sarvapāpaiḥ’), to the best of his power — ‘gām na kathayet’, with a view to have her driven away, — ‘sucaritavrataḥ’, he who has followed these restrictions in the right manner, — he should give ten cows along with one bull.

 

 

VERSE 115 only is quoted in the Śuddhikaumdī (p.241).

 

Comparative notes by various authors:

(verses 11.108-116)

Gautama (22.18). — ‘The penance for killing a cow is the same as that for killing a Vaiśya (vow of continence to be kept for three years and giving one cow and one bull).’

Āpastamba (1.26, 1). — ‘If a milch cow or a full-grown ox has been killed without reason, the expiation shall be the same as that for killing a Śūdra (give ten cows with a bull).’

Vaśiṣṭha (21.18). — ‘If he kills a cow, he shall perform, during six months, a Kṛcchra or a Taptakṛcchra, clothed in the raw hide of that cow.’

Viṣṇu (50, 16-24). — ‘The man shall serve cows for a month, his hair and beard having been shaven; — he shall sit down to rest when they rest; and stand still when they stand still; — he shall give assistance to a cow that has met with an accident; — and shall preserve cows from dangers; — he shall not shelter himself against cold and similar dangers, without having previously protected the cows against them; — he shall wash himself with cow’s urine; and subsist upon the five bovine products; — this is the Go-vrata, cow-penance, which must be performed by one who has killed a cow.’

Yājñavalkya (3.264-265). — ‘The man who has killed a cow shall drink the five bovine products for a month, sleeping in the cowpen, serving the cows; and then by giving a cow, he becomes pure; or he shall calmly perform the penance of Prājāpatya Atikṛcchra; — or having fasted for three days, he shall give away ten cows with a hull as the eleventh.’

Parāśara (8.31-42). — ‘Having shaved the whole head, he shall bathe three times during the day, and live among cows during the night, and go behind them during the day; when it is hot, or raining, or very cold or when the wind is blowing strongly, he shall not protect himself until he has protected the cows to the best of his ability. If he finds a cow grazing in a field or in a threshing yarn — either his own or belonging to some one else, — he shall not tell of it to any one; nor shall he tell any one when he finds a calf sucking milk. He shall drink water when the cows drink it, he down when they he down, and with all his strength shall save a cow when she has either fallen down or stuck in mud. One shall prescribe as penance for cow-killing a suitable Prājāpatya and Kṛcchra: (Forms of these penances) — For one day he shall eat once; for one day he shall eat only in the evening; for one day he shall eat only what he gets without asking for it; and for one day he shall live on air; for two days he shall eat only once; for two days he shall eat what he gets without asking for it, for two days he shall eat only at night; for two days he shall live on air. Each of these being done for three days; and for four days. The prescribed penance having been performed, he shall feed Brāhmaṇas, present them with fees and recite the sacred texts. After feeding the Brāhmaṇas, the cow-killer becomes purified without doubt.’

 

 

VERSE 11.109

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

 

चतुर्थकालमश्नीयादक्षारलवणं मितम् ।
गोमूत्रेणाचरेत् स्नानं द्वौ मासौ नियतेन्द्रियः ॥१०९॥

caturthakālamaśnīyādakṣāralavaṇaṃ mitam |
gomūtreṇācaret snānaṃ dvau māsau niyatendriyaḥ ||109||

 

For two months, with senses controlled, he shall eat a limited quantity of food, without any pungent salt, at the fourth meal-time; and shall bathe in cow’s urine. — (109)

 

Medhātithi’s commentary (manubhāṣya):

‘For two months’ — he shall take his food once and then again only in the evening of the next day.

If we take the term ‘Kṣāra’ — ‘pungent’ — as a qualification of ‘lavaṇa,’ ‘salt,’ we secure the prohibition of the rock-salt also. If the two terms were independent, the compound would be a copulative one, and this would mean the prohibition of ‘pungent substances’ also; and in that case it would be necessary to take the singular number as indirectly indicating the dual; as we have the copulative compound only, both the components are equally important at one and the same time. When however, the compound is taken as a ‘qualitative’ one (‘pungent’ being a qualification of the ‘salt’), we obtain a qualified denotation.

‘Limited’ — small; i.e., that which, without producing full satisfaction, is enough to keep the body going.

‘Bathing in cow’s urine’ is to be done three times a day.

‘At the fourth meal-time’ is to be construed with ‘for two months.’

In another Smṛti we read — ‘Having shaved his head, covered with the skin, he shall live in the cow-pen; end bathing in cow’s urine for two months has been prescribed for him; it is only the washing of the feet that he should do with water.’ In this it is not possible to connect the bathing in cow’s urine with the phrase ‘for two months.’ The mention of the feet is only for the purpose of filling up the metre; for, if any impurity happens to attach to the man’s feet during the time that he is bathing, it would naturally be washed with water only; as is clearly laid down by the rules of purification. Hence at the time of bathing, the rinsing of the mouth also should he done with water; at other times purification may be secured by the use of clay and other cleansing substances; and this would have to be done in the natural order — water being used after clay has been applied. And since cow’s urine has been prescribed for bathing only, what possibility would there be of its being used for the rinsing of the mouth or any such purpose? In connection with bathing, it is only as an expiation that the use of cow’s urine has been prescribed. — (109)

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

 

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

 

 

VERSE 11.110

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

 

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

 

 

VERSE 11.111

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

 

तिष्ठन्तीष्वनुतिष्ठेत् तु व्रजन्तीष्वप्यनुव्रजेत् ।
आसीनासु तथाऽसीनो नियतो वीतमत्सरः ॥१११॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

 

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

 

 

VERSE 11.112

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

‘Sick’ — suffering from a disease.

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

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

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

 

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

 

 

VERSE 11.113

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

 

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

 

 

VERSE 11.114

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

 

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

 

 

VERSE 11.115-116

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

 

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

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

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

(verses 11.115-116)

He shall give ten cows and one bull.

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

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

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

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

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

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

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

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

 

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

 

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

 

 

VERSE 11.117

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

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

 

 

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

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

 

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

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

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

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

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

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

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

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

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

 

Explanatory notes by Ganganath Jha:

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

 

Comparative notes by various authors:

(verses 11.118-123)

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

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

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

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

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

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

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

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

Pāraskara-Gṛhyasūtra (3.12.1-3, 6-8).

 

 

VERSE 11.119

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

 

हुत्वाऽग्नौ विधिवद् होमानन्ततश्च समित्यृचा ।
वातेन्द्रगुरुवह्नीनां जुहुयात् सर्पिषाऽहुतीः ॥११९॥

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

 

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

 

Medhātithi’s commentary (manubhāṣya):

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

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

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

 

Explanatory notes by Ganganath Jha:

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

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

 

Comparative notes by various authors:

(verses 11.118-123)

See Comparative notes for Verse 11.118.

 

 

VERSE 11.120

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

 

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

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

 

Persons learned in the Veda and knowing the law declare that for the twice-born person keeping up his vows, the intentional emission of semen means a ‘transgression of the vow.’ — (120)

 

Medhātithi’s commentary (manubhāṣya):

This verse supplies the explanation of the meaning of the term ‘avakīṛṇīn’ ‘immoral religious student’; — from which it is clear that the term ‘vrata’ here stands for something other than the penances mentioned in the present context

‘Keeping up his vows.’ — On the strength of other Smṛti texts, this should be understood to mean ‘one who is in the state of the Religious Student’; as it is for such a one that emission of semen, even without sexual intercourse, has been specially forbidden.

The rule here laid down applies to the case, of intentional emission of semen. — (120)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1140), which explains that this ‘emission of the seed’ is meant to be ‘in a woman’; — and in Madanapārijāta (p. 909.)

 

Comparative notes by various authors:

(verses 11.118-123)

See Comparative notes for Verse 11.118.

 

 

VERSE 11.121

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

 

मारुतं पुरुहूतं च गुरुं पावकमेव च ।
चतुरो व्रतिनोऽभ्येति ब्राह्मं तेजोऽवकीर्णिनः ॥१२१॥

mārutaṃ puruhūtaṃ ca guruṃ pāvakameva ca |
caturo vratino'bhyeti brāhmaṃ tejo'vakīrṇinaḥ ||121||

 

The spiritual power of the Religious Student, who has become ‘immoral,’ ‘goes away into the maruts, indra, Bṛhaspati and agni. — (121)

 

Medhātithi’s commentary (manubhāṣya):

This is a declamatory statement in support of the aforesaid injunction of the oblations to certain deities.

In the case of the Religious Student who has committed an immoral act, his ‘spiritual power,’ — the merit acquired by him by the various kinds of knowledge — ‘goes away into’ several deities; i.e., it disappears among them. What is meant is that it departs from the Religious Student — (121)

 

Comparative notes by various authors:

(verses 11.118-123)

See Comparative notes for Verse 11.118.

 

 

VERSE 11.122

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

 

एतस्मिन्नेनसि प्राप्ते वसित्वा गर्दभाजिनम् ।
सप्तागारांश्चरेद् भैक्षं स्वकर्म परिकीर्तयन् ॥१२२॥

etasminnenasi prāpte vasitvā gardabhājinam |
saptāgārāṃścared bhaikṣaṃ svakarma parikīrtayan ||122||

 

On this sin having been incurred, the man, clothed in the skin of the ass, shall go begging alms at seven houses; proclaiming his own deed. — (122)

 

Medhātithi’s commentary (manubhāṣya):

‘Dressed’ — covered.

‘His own deed’ — saying — ‘I am an immoral Religious Student.’ — (122)

 

Explanatory notes by Ganganath Jha:

(verses 11.122-123)

These verses are quoted in Aparārka (p. 1141), as laying down an ‘yearly penance’ for the unchaste student; — in Mitākṣarā (3.280), as referring to the case where the woman with whom the student hits misconducted himself is either the wife of an unlearned Brāhmaṇa or that of a learned Vaiśya; the expiation in the, case of the wife of a learned Brāhmaṇa or learned Kṣatriya consisting of the three or two years penance.

They are quoted in Parāśaramādhava (Prāyaścitta, p. 436); — in Prāyaścittaviveka (p. 387); — and in Smṛtisāroddhāra (p. 363).

 

Comparative notes by various authors:

(verses 11.118-123)

See Comparative notes for Verse 11.118.

 

 

VERSE 11.123

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

 

तेभ्यो लब्धेन भैक्षेण वर्तयन्नेककालिकम् ।
उपस्पृशंस्त्रिषवणं त्वब्देन स विशुध्यति ॥१२३॥

tebhyo labdhena bhaikṣeṇa vartayannekakālikam |
upaspṛśaṃstriṣavaṇaṃ tvabdena sa viśudhyati ||123||

 

Subsisting on a single meal per day out of the alms obtained from those houses, and bathing at the three ‘extractions,’ he becomes pure after one year. — (123)

 

Medhātithi’s commentary (manubhāṣya):

‘Bathing’ — ‘taking his bath’ — in the morning, at midday and in the evening, he becomes purified in one year. — (123)

 

Explanatory notes by Ganganath Jha:

(verses 11.122-123)

See Explanatory notes for Verse 11.122.

 

Comparative notes by various authors:

(verses 11.118-123)

See Comparative notes for Verse 11.118.

 

 

VERSE 11.124 [Expiation for Offences causing Loss of Caste]

Section XIII - Expiation for Offences causing Loss of Caste

 

जातिभ्रंशकरं कर्म कृत्वाऽन्यतममिच्छया ।
चरेत् सान्तपनं कृच्छ्रं प्राजापत्यमनिच्छया ॥१२४॥

jātibhraṃśakaraṃ karma kṛtvā'nyatamamicchayā |
caret sāntapanaṃ kṛcchraṃ prājāpatyamanicchayā ||124||

 

On having intention ally done any one of those acts which cause loss of caste, one should perform a Sāntapana-Kṛcchra; and the Prājāpatya, when it is done unintentionally. — (124)

 

Medhātithi’s commentary (manubhāṣya):

The treatment of Minor Offences has been finished.

‘Any one.’ — This is only by way of reference; as a combination of occasions is not possible; and further, if all the offences were meant to be taken together, the expiation here spoken of would not be meant for any one; what man is there who could ever commit all those deeds that lead to the loss of caste? On the other hand, if expiation were to be prescribed separately for each offence, there would be no end to the teaching at all Nor would combination be otherwise advisable; as the occasions and conditions of the expiation are set forth only as qualifying the human agent For these reasons the declaration should be taken as complete with each individual offence. Just as in connection with the assertion ‘he whose father or grandfather has not drunk Soma (shall perform a certain expiatory rite),’ — the conclusion is that the expiatory Animal-sacrifice becomes necessary when either one of the ancestors — the father or the grandfather — has failed to drink Soma; — and similarly in the declaration — ‘when both sacrificial materials become spoilt, etc.,’ — even though it contains the term ‘both,’ yet the expiatory ‘Pañcaśarāva’ sacrifice has to be performed even when only one material becomes spoilt. The same principle is to be observed in the case of all expiations.

‘Intentionally.’ — This is meant to be emphasised; as also the qualification ‘unintentionally.’

The exact form of the two penances, ‘Prājāpatya’ and ‘Sāntapana,’ shall be described later on. — (124)

 

Explanatory notes by Ganganath Jha:

The ‘Jātibhraṃśakara’ offences have been enumerated above in verse 67.

This verse is quoted in Mitākṣarā (3.254), — and again under 3.290); — in Smṛtitattva (p. 542); — in Parāśaramādhava (Prāyaścitta p. 441), as laying down the expiation common to all ‘Jātibhraṃśakara’ offences; — and in Prāyaścittaviveka (pp. 464 and 542), which says that when the offence is committed intentionally, the penance to be performed is the Sāntapana, and when it is committed unintentionally, it is Prājāpatya.

 

Comparative notes by various authors:

Viṣṇu (38.7). — ‘He who has knowingly committed an act causing loss of caste shall perform the Sāntapana penance; he who has done so unawares shall perform the Prājāpatya penance.’

 

 

VERSE 11.125

Section XIII - Expiation for Offences causing Loss of Caste

 

सङ्करापात्रकृत्यासु मासं शोधनमैन्दवम् ।
मलिनीकरणीयेषु तप्तः स्याद् यावकैस्त्र्यहम् ॥१२५॥

saṅkarāpātrakṛtyāsu māsaṃ śodhanamaindavam |
malinīkaraṇīyeṣu taptaḥ syād yāvakaistryaham ||125||

 

In the case of acts conducive to the degradation of ‘caste-mixture,’ or of those that make one unworthy of receiving gifts, purification is secured by the monthly lunar penance; and in the case of those that lead to defilement, one should mortify his body on barley-products for three days. — (125)

 

Medhātithi’s commentary (manubhāṣya):

The acts ‘conducive to the degradation of mixed caste’ and ‘those that make one unworthy of receiving gifts’ have been described above (68 and 69); and the plural number is due to the large number of acts included in these two sets.

The term ‘Kṛtyā,’ ‘acts’ is to be construed with each of the two terms ‘Saṅkara’ and ‘apātra’ ‘Kṛtyā means deed.

‘The monthly Lunar penance’ — is the ‘Cāndrāyaṇa.’ ‘Barley-products’ — articles of food prepared from barley, — fit for drinking or sipping and so forth.

Though the expiation mentioned here is without any distinction, yet, a distinction has always to be made in the lightness or heaviness of the penance, according as the act is done intentionally or unintentionally. — (125)

 

Explanatory notes by Ganganath Jha:

The ‘Saṅkarīkaraṇa’, ‘apātrīkaraṇa’ and ‘malinīkaraṇa’ offences have been enumerated above, under verses 68, 69 and 70.

This verse is quoted in Mitākṣaṛā (3.290); — and in Prāyaścittaviveka (p. 403 and 431).

 

Comparative notes by various authors:

Viṣṇu (39.2). — ‘He who has committed a crime degrading one to a mixed caste shall eat barley-gruel for a month, or perform the penance of Kṛcchrātikṛcchra.’

Do. (40.2). — ‘He who has committed a crime rendering one unworthy to receive alms, is purified by the penance Taptakṛcchra, or by the penance Śitakṛcchra, or by the penance Mahāsāntapana, if the act has been committed repeatedly.’

Do. (41.5). — ‘The penance ordained for crimes causing defilement is the Taptakṛcchra; or they shall he expiated by the Kṛcchrātikṛcchra penance.’

 

 

VERSE 11.126 [Expiation for the killing of a Kṣatriya, or a Vaiśya or a Śūdra]

Section XIV - Expiation for the killing of a Kṣatriya, or a Vaiśya or a Śūdra

 

तुरीयो ब्रह्महत्यायाः क्षत्रियस्य वधे स्मृतः ।
वैश्येऽष्टमांशो वृत्तस्थे शूद्रे ज्ञेयस्तु षोडशः ॥१२६॥

turīyo brahmahatyāyāḥ kṣatriyasya vadhe smṛtaḥ |
vaiśye'ṣṭamāṃśo vṛttasthe śūdre jñeyastu ṣoḍaśaḥ ||126||

 

One fourth of the expiation for the killing of a Brāhmaṇa has been prescribed for the killing of a Kṣatriya, one eighth for that of a Vaiśya, and one sixteenth for that of a Śūdra, — each of these being one who is devoted to his duty. — (126)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that for the killing of a Kṣatriya or a Vaiśya, engaged in a sacrificial performance, the expiation shall be equal to that for killing a Brāhmaṇa. The present verse applies to cases other than these.

The ‘fourth’ and ‘eighth’ parts (of the expiation for killing a Brāhmaṇa) have been prescribed in connection with such persons as are fulfilling all their duties, — the term ‘duty’ standing for all duties.

According to this rule, for the killing of a Kṣatriya, the expiation shall last for three years, for that of a Vaiśya, for a year and a half, and for that of a Śūdra, for nine months.

The expiation that has been laid down above (under 67) in connection with ‘the killing of a woman, a Vaiśya or a Kṣatriya,’ pertains to the case of those persons being such as have neglected their duties, and are addicted to unrighteous acts.

‘Duty’ implies character. When the Vaiśya is one who has the character of, and behaves like, a Vaiśya. The ‘duty’ of the Śūdra consists in service of twice-born men and the like, — and not the performance of the ‘great sacrifices.’

The full expiation prescribed is to be performed in the case of the death of persons firmly devoted to the performance of their duties. — (126)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.266-267), as referring to such Vaiśyas and Śūdras as are possessed of only a few good qualities; — it explains the term ‘vṛtta’ as qualities of the heart and so forth, such as ‘reverence for superiors, purity, cleanliness, truthfulness, control of organs and goodwill towards all’; — and in the Prāyaścittaviveka (p. 215).

 

Comparative notes by various authors:

(verses 11.126-130)

Gautama (22.14-16). — ‘For intentionally killing a Kṣatriy a, the normal vow of continence must be kept for six years, and one should give away one thousand cows with a bull. For killing a Vaiśya, the same penance, for three years; and one should give away one hundred cows with a hull. For killing a Śūdra, the same penance, for one year; and one should give away ten cows with a bull.’

Baudhāyana (1.19.1-2). — ‘For slaying a Kṣatriya, the offender shall give to the King one thousand cows and also a bull in expiation of his sin; for slaying a Vaiśya, one hundred cows; for slaying a Śūdra, a fee; and a bull should be added in all cases.’

Baudhāyana (2.1-8-10). — ‘For killing a Kṣatriya he shall keep the normal vow of continence for nine years; — for killing a Vaiśya, for three years; — for killing a Śūdra, for one year.’

Vaśiṣṭha (20.31-33). — ‘Having slain a Kṣatriya, he shall perform a penance during eight years; for killing a Vaiśya, during six years: for killing a Śūdra, during three years.’

Viṣṇu (50.12-15). — ‘He who has unintentionally killed a Kṣatriya, shall perform the Mahāvrata for nine years; — he who has unintentionally killed a Vaiśya, for six years; — he who has unintentionally killed a Śūdra, for three years,’

Yājñavalkya (3.267-268). — ‘For killing a Kṣatriya one should give away a thousand cows with a bull; or he may perform, for three year, the penance prescribed for Brāhmaṇa-killing; one who kills a Vaiśya shall perform the same penance for one year, or give away one hundred cows; one who has killed a Śūdra shall perform the same penance for six months, or give away ten cows.’

Āpastamba (1.24.1-4). — ‘One who has killed a Kṣatriya shall give away a thousand cows for the expiation of his sin; he shall give a hundred for killing a Vaiśya; and ten for killing a Śūdra; and in every case a bull should be added for the sake of expiation.’

 

 

VERSE 11.127

Section XIV - Expiation for the killing of a Kṣatriya, or a Vaiśya or a Śūdra

 

अकामतस्तु राजन्यं विनिपात्य द्विजोत्तमः ।
वृषभैकसहस्रा गा दद्यात् सुचरितव्रतः ॥१२७॥

akāmatastu rājanyaṃ vinipātya dvijottamaḥ |
vṛṣabhaikasahasrā gā dadyāt sucaritavrataḥ ||127||

 

If the chief of twice-born men kills a Kṣatriya unintentionally, he should duly perform the penance and give away a thousand cows and a bull. — (127)

 

Medhātithi’s commentary (manubhāṣya):

This is another expiation in the form of gifts. It is going to be laid down (under 139) below that so long as one has wealth, he need not perform a penance.

‘Unintentionally.’ — No stress is meant to be laid on this qualification; as is clear from the heaviness of the expiation. Or, it may be assumed that it refers to the unintentional killing of the Kṣatriya or the Vaiśya, engaged in a sacrificial performance.

‘Vṛṣabhaikasahasrāḥ gāḥ’ — literally means ‘thousand cows who have one bull among them.’ — (127)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.266); — in Parāśaramādhava (Prāyaścitta, p. 73); — and in Prāyaścittaviveka (pp. 215 and 534).

 

Comparative notes by various authors:

(verses 11.126-130)

See Comparative notes for Verse 11.126.

 

 

VERSE 11.128

Section XIV - Expiation for the killing of a Kṣatriya, or a Vaiśya or a Śūdra

 

त्र्यब्दं चरेद् वा नियतो जटी ब्रह्महनो व्रतम् ।
वसन् दूरतरे ग्रामाद् वृक्षमूलनिकेतनः ॥१२८॥

tryabdaṃ cared vā niyato jaṭī brahmahano vratam |
vasan dūratare grāmād vṛkṣamūlaniketanaḥ ||128||

 

Or, he may perform, for three years, the penance of the ‘Brāhmaṇa-killer,’ keeping himself under control and wearing matted locks, living far off from the village, having his abode at the root of a tree. — (128)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse explains what is meant by the ‘one-fourth’ mentioned in the preceding verse.

‘Wearing matted locks.’ — Some people hold that this is meant to exclude the wearing of rags, carrying of a part of the bedstead and so forth (which have been prescribed for the Brāhmaṇa-killer).

This, however, is not right. For what the present verse does is to apply to the case in question the ‘one fourth’ part of only those details that have been prescribed for the Brāhmaṇa-killer, and not of anything else, even though some such be possible; — walking against the current, of the Sarasvatī and such other (optional) details (laid down in 78 et. seq.,) being adopted only when there is some necessity for them.

‘Far off’ — All that this means is that he should not remain in the village.

‘Under the root of a tree’; — i.e.., having built a hut there. — (128)

 

Explanatory notes by Ganganath Jha:

According to Medhātithi and Rāghavānanda this verse only reiterates what has been prescribed in verse 126, all the details of which are meant to be observed in the present connection; — but according to Govindarāja and Kullūka, the special details, of carrying the skull and so forth, which are not expressly mentioned here, are not meant here.

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 128); — and in Prāyaścittaviveka (pp. 216 and 534).

 

Comparative notes by various authors:

(verses 11.126-130)

See Comparative notes for Verse 11.126.

 

 

VERSE 11.129

Section XIV - Expiation for the killing of a Kṣatriya, or a Vaiśya or a Śūdra

 

एतदेव चरेदब्दं प्रायश्चित्तं द्विजोत्तमः ।
प्रमाप्य वैश्यं वृत्तस्थं दद्याच्चैकशतं गवाम् ॥१२९॥

etadeva caredabdaṃ prāyaścittaṃ dvijottamaḥ |
pramāpya vaiśyaṃ vṛttasthaṃ dadyāccaikaśataṃ gavām ||129||

 

If a Brāhmaṇa kills a righteous Vaiśya, he shall perform this same expiatory rite for one year; or he may give a hundred cows and one (bull). — (129)

 

Medhātithi’s commentary (manubhāṣya):

In a previous verse ‘one eighth’ was prescribed for the killing of a Vaiśya; what the present verse lays down is ‘one twelfth.’

As the expiation is a light one, it has to be done ‘for one year.’

It appears that the rule here laid down is meant for the case of a Vaiśya devoid of qualifications.

“The case of a Vaiśya devoted to his duty has been already dealt with before.”

True; but what the present verse contemplates is the case of a Vaiśya who was ‘righteous’ at the time of death, but was devoid of qualities before that; while the previous rules apply to one who was righteous all along. — (129)

 

Explanatory notes by Ganganath Jha:

“According to Govindarāja and Kullūka, the two penances are to be performed optionally, in case a virtuous Vaiśya has been killed unintentionally. — Medhātithi says that the first penance is to be performed for the murder of a Vaiśya who was less distinguished than the one referred to in verse 126. — Nārāyaṇa thinks that the verse refers to a Vaiśya engaged in the performance of a sacrifice, and that the particle ‘vā’ takes the place of the?upola, and thus one penance only is prescribed.” — Buhler.

This verse is quoted in Prāyaścittaviveka (pp. 216 and 534), which explains ‘ekaśatam’ as ‘a hundred and one’.

 

Comparative notes by various authors:

(verses 11.126-130)

See Comparative notes for Verse 11.126.

 

 

VERSE 11.130

Section XIV - Expiation for the killing of a Kṣatriya, or a Vaiśya or a Śūdra

 

एतदेव व्रतं कृत्स्नं षण्मासांशूद्रहा चरेत् ) ।
वृषभेकादशा वाऽपि दद्याद् विप्राय गाः सिताः ॥१३०॥

etadeva vrataṃ kṛtsnaṃ ṣaṇmāsāṃśūdrahā caret ) |
vṛṣabhekādaśā vā'pi dadyād viprāya gāḥ sitāḥ ||130||

 

He who kills a Śūdra shall perform this same entire penance for six months; or he shall give to the Brāhmaṇa ten white cows and one bull. — (130)

 

Medhātithi’s commentary (manubhāṣya):

Here also, whether the performance shall continue for six months or nine months should he determined by the consideration as to whether the man was ‘righteous’ or otherwise.

In all eases, the giving of the prescribed number of cows should be understood to be an optional alternative.

The mention of the ‘Brāhmaṇa’ (in 127) in this connection is meant to be only illustrative.

‘White’ — does not mean white in colour, but pure in all points, giving much milk, prone to give birth to females, and not in the habit of losing her offsprings. — (130)

 

Explanatory notes by Ganganath Jha:

Verse is quoted in Prāyaścittaviveka (pp. 216 and 534)

 

Comparative notes by various authors:

(verses 11.126-130)

See Comparative notes for Verse 11.126.

 

 

VERSE 11.131 [Expiation for the killing of Cats and other Animals]

Section XV - Expiation for the killing of Cats and other Animals

 

मार्जारनकुलौ हत्वा चाषं मण्डूकमेव च ।
श्वगोधौलूककाकांश्च शूद्रहत्याव्रतं चरेत् ॥१३१॥

mārjāranakulau hatvā cāṣaṃ maṇḍūkameva ca |
śvagodhaulūkakākāṃśca śūdrahatyāvrataṃ caret ||131||

 

Having killed a cat, an ichneumon, a blue jay, a frog, a dog, an iguana, an owl and a crow, — he shall perform the penance of the ‘Śūdra-killer.’ — (131)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as the expiation prescribed is a heavy one, it should be understood as applying to a case where all these animals have been killed.

“It has been asserted in connection with offences leading to loss of caste, etc., that a combination is not meant. How too is it ever possible for all these animals to come up before any one man and be killed? If only some of these were present, the required conditions would not be there; in fact it would become a wholly different case. Hence the person meant should be one who has killed one of these animals repeatedly. But there is nothing in the text, to show that this is what is meant Nor can the expiation be taken as referring to the killing of each single animal, as there is in the case of such assertion as ‘one should drink milk, etc., etc.’” (132)

Thus then, the sentence cannot be taken either as referring to each of the animals severally, or as referring to all of them together; nor is there any third way possible.

It has been said that a combination cannot be meant. If a combination is not meant, then the only way in which the text could be taken would be to take it as referring to each individual singly; just as there is in the case of the assertion ‘he whose father or grandfather has not drunk the Soma, etc., etc.’ But in a case (like the present) where it is found that the whole sentence becomes meaningless if it is not taken as referring to a combination of all the individuals, it is only right that, with a view to avoid such a contingency, the sentence should be taken as referring to such combination; for instance, in the case of the text — ‘In the case of killing a thousand animals etc.’ (140), — if a combination were not meant, the mention of the specific number ‘thousand’ would be meaningless. It is only when, if the sense adopted happens to be very much contrary to what has been laid down in other scriptural texts, that such a sense can be rejected.

“But even in a case where a certain idea is expressed directly by the words of the text, no significance is ever meant to be attached to the qualifications involved in its indirect implication; for instance, in the ease of the assertion — ‘he whose both sacrificial materials become spoilt, etc.’ — significance is not meant to be attached to the exact denotation of the term ‘both.’ In this sentence there are two terms ‘both’ and ‘sacrificial material’; and if significance is attached to both these terms, there results syntactical split, as we shall explain later on. When however it is doubtful whether in a given case significance attaches to the ‘material’ or the ‘both’ — the two have to be taken separately, in order to avoid the syntactical split; or what is predicated in the sentence has to be taken as having no connection with one of the two terms. Now what is in closest proximity to the predicate ‘becomes spoilt’ is the term ‘material,’ — as is clear from the fact that its number is more in keeping with that of this term; so that the other term becomes reiterative of the qualification of the ‘material.’ If on the other hand, no significance attaches to the term ‘material,’ then, the rest of the sentence can be taken only as declamatory. In the case in question, if a combination wore meant to be expressed, or if stress were to be laid upon the term ‘thousand’ (in 140), the whole sentence would become meaningless. So that all that the passage would mean is that — ‘one should perform the penance of the Śūdra-killer......(?),’ and that ‘the act of killing these is similar to the killing of a Śūdra,’ and all that this would secure would he that; these few animals would not he killed (?)”

On the principle here enunciated, we might regard other qualifications also as not meant to be emphasised; for instance under Verse 142. And all this would lead to a deal of incongruity. Then again the passage we are dealing with is the work of a human author, and it does not belong to the Veda. In the case of a Vedic passage, whose usage would it represent? And whom could we charge with having made use of a meaningless assertion? In the case of a passage like the present one, on the other hand, which is the conscious work of a human author, if there is an incongruity in regard to even a single syllable, the writer becomes at once open to the charge of having made use of a meaningless expression.

For all these reasons the only right course is to regard combination and its qualification as both equally meant to be significant.

As regards the argument that there can be no possibility of so many animals being killed at one and the same time, — it is quite possible for those who go on hunting excursions and who follow the profession of setting fire to forests.

Lastly as regards the argument, that if even a single one of these several animals is not killed, there would be no occasion for the prescribed expiation, — this also is not right. For just as in the case of the killing of more animals than those enumerated, so also in that of killing fewer than those, a proper adjustment of the requisite expiation can always be made. — (131)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1130), which adds that this refers to intentional repetitions, of the act; — and in Mitākṣarā (3.270) as laying down the ‘Six-monthy Penance’ for the killing of all the animals mentioned, collectively.

 

Comparative notes by various authors:

(verses 11.131-132)

Gautama (22-19). — ‘For injuring a frog, an ichneumon, a crow, a chameleon, a musk-rat, a mouse or a dog (the penance is the same as that for the murder of a Vaiśya).’

Baudhāyana (1.19.6). — ‘For killing a flamingo, a Bhāsa bird, a peacock, a Brāhmaṇī duck, a Pracetaka, a crow, an owl, a frog, a musk-rat, a dog, a Babhru, a common ichneumon, and so forth, the offender shall pay the same fine as for the killing of a Śūdra.’

Āpastamba (1.25.13). — ‘If a crow, a chameleon, a pea-cock, a Brāhmaṇī duck, a swan, the vulture called Bhāsa, a frog, an ichneumon, a musk-rat, or a dog has been killed, then the offender should perform the same penance as that for killing a Śūdra.’

Vaṣhiṣṭha (21.24). — ‘Having slain a dog, a cat, an ichneumon, a snake, a frog, or a rat, — one shall perform the Kṛcchra penance of twelve days’ duration, and also give something to a Brāhmaṇa.’

Viṣṇu (50.30-32). — ‘If he has intentionally killed a dog, he should fast for three days. If he has unintentionally killed a mouse, or a cat, or an ichneumon, or a frog, or a Duṇḍubha snake, or a large serpent — he must fast for one day, and on the next day give a dish of milk, sesamum and rice mixed together to a Brāhmaṇa and give him an iron hoe as his fee: If he has unintentionally killed an iguana, or an owl, or a crow, or a fish, he must fast for three days.’

Yājñavalkya (3.271). — ‘For killing a cat, an alligator, an ichneumon, a frog or birds, one should drink milk for three days, or perform a quarter of the Kṛcchra penance.’

 

 

VERSE 11.132

Section XV - Expiation for the killing of Cats and other Animals

 

पयः पिबेत् त्रिरात्रं वा योजनं वाऽध्वनो व्रजेत् ।
उपस्पृशेत् स्रवन्त्यां वा सूक्तं वाऽब्।दैवतं जपेत् ॥१३२॥

payaḥ pibet trirātraṃ vā yojanaṃ vā'dhvano vrajet |
upaspṛśet sravantyāṃ vā sūktaṃ vā'b |daivataṃ japet ||132||

 

Or, he may drink milk only for three days, or walk over eight hundred miles of road, or bathe in a stream, or recite the hymn addressed to the Waters. — (132)

 

Medhātithi’s commentary (manubhāṣya):

Other expiations are now laid down for the killing of any one of the animals mentioned.

The term ‘payaḥ’ stands here for milk, and not water, though it denotes both; just as it does in the passage ‘payasā juhoti’ (‘offers milk’). As an analogous case we have the term ‘varāha,’ which, though signifying both clouds and the boar, is more often used in the sense of the latter; though this term ‘varāha’ signifies mountain also, yet whenever it is used in this sense, it stands in need of some co-ordinating term-such as ‘Himavān-varāhaḥ,’ (‘Himālaya Mountain’), ‘varāhaḥ pāriyātraḥ,’ (‘Pāriyātru Mountain’), and so forth.

In the case in question, it being dear that what the text mentions is an article of food, by which the body could be maintained, — if we find the term ‘payas,’ milk, it means that all other articles of food are to be eschewed. This also is the right view to take in view of the fact that what is meant, to be prescribed is a penance, ‘tapas,’ — a tapas being that which causes pain (tāpayati). This name ‘tapas’ is given to such acts as the eating of clarified butter after Prānāyāma; this, however, does not exclude the eating of other things, nor the rinsing of the mouth, which would make the eating of clarified butter along with something else impossible.

Nor can water be taken as an optional alternative for milk (both being denoted by the term ‘payas’); what does form such an alternative is that ‘he shall bathe in a stream,’ so that ‘drinking of milk,’ ‘walking over 800 miles’ and ‘bathing in a stream’ are the possible alternatives. The stress laid upon the terra ‘stream’ excludes the bathing in tanks and pools.

‘Sacred to the Waters’ — i.e., the ‘Pavamāna’ hymn beginning with the verse ‘Āpohiṣṭhā mayobhuvaḥ, etc., etc.’

Another Smṛti text lays down also the eating of mixed food, and the giving of an iron-rod as a gift,.

‘Walk’ — not by way of travelling to a certain place; but walking on foot (by way of penance). — (132)

 

Explanatory notes by Ganganath Jha:

“According to Govindarāja, Kullūka, Nārāyaṇa and Rāghavānanda, these penances are to be performed if the animal has been killed unintentionally. — According to Medhātithi they have to expiate the slaughter of a single animal. — The choice among the four penances depends, according to Kullūka and Rāghavānanda, on the strength of the offender, according to Govindarāja and Nārāyaṇa, on his caste and other circumstances.” — Buhler.

This verse is quoted in Mitākṣarā (3.270), as laying down the penances for the killing of each of the animals severally; — in Aparārka (p. 1131) as referring to the killing of a cat; — and in Madanapārijāta (p. 949), which explains ‘upasparśa’ as bathing, and adds that this refers to unintentional killing; intentional killing involves double the expiation here prescribed.

 

Comparative notes by various authors:

(verses 11.131-132)

See Comparative notes for Verse 11.131.

 

 

VERSE 11.133

Section XV - Expiation for the killing of Cats and other Animals

 

अभ्रिं कार्ष्णायसीं दद्यात् सर्पं हत्वा द्विजोत्तमः ।
पलालभारकं षण्ढे सैसकं चैकमाषकम् ॥१३३॥

abhriṃ kārṣṇāyasīṃ dadyāt sarpaṃ hatvā dvijottamaḥ |
palālabhārakaṃ ṣaṇḍhe saisakaṃ caikamāṣakam ||133||

 

For killing a snake, the Brāhmaṇa should give an iron spade; and in the case of a eunuch, a load of straw and a ‘māsa’ of lead. — (133)

 

Medhātithi’s commentary (manubhāṣya):

No stress is meant to be laid on the mention of the. ‘Brāhmaṇa.’

A sharp ‘iron spade’ should be given. The qualification ‘iron’ excludes the spade made of wood and other substances.

‘In the case of a eunuch’ — one who is wanting in virility; who is of four kinds — (1) he who has no semen at all, (2) he whose semen is of mere air, (3) who feels no erection of the organ, and (4) who has the signs of both sexes, a hermaphrodite. This expiation regarding the killing of the eunuch is applicable to all animals — Brāhmaṇa, Śūdra, sheep, goat, and so forth. — (133)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 67); — in Aparārka (p. 1132), which explains ‘palāla’ as paddy-stalks without grains; — in Mitākṣarā (3. 273); — in Madanapārijāta (p. 950), which adds that the ‘palālabhāra’ and ‘one māṣa of Sīsaka’ are optional alternatives; — and in Prāyaścittaviveka (p. 527), which says that the gift prescribed removes the sin of the killing.

 

Comparative notes by various authors:

Gautama (22.23, 25). — ‘For killing a eunuch, he shall give a load of straw and a māṣa of lead. For killing a snake, a bar of iron.’

Viṣṇu (50.34-35). — ‘If he has killed a snake, he must give an iron spade. If he has killed emasculated cattle or birds, he must give a load of straw.’

Yājñavalkya (3.274). — ‘For killing serpents, one should give an iron bar; for killing a eunuch, lead and tin; for killing a boar, a jar of clarified butter; for killing a camel, gold weighing one Ratti: and for killing a horse, a cloth.’

 

 

VERSE 11.134

Section XV - Expiation for the killing of Cats and other Animals

 

घृतकुम्भं वराहे तु तिलद्रोणं तु तित्तिरौ ।
शुके द्विहायनं वत्सं क्रौञ्चं हत्वा त्रिहायनम् ॥१३४॥

ghṛtakumbhaṃ varāhe tu tiladroṇaṃ tu tittirau |
śuke dvihāyanaṃ vatsaṃ krauñcaṃ hatvā trihāyanam ||134||

 

For a boar, a jar of clarified butter; for a partridge, a ‘droṇa’ of sesamum; for a parrot, a two-year-old calf; and for killing a horse, a three-year-old calf. — (134)

 

Medhātithi’s commentary (manubhāṣya):

If one kills a boar, he should give a jar full of clarified butter. ‘Droṇa’ — is equal to four ‘āḍhakas’ (ten seers).

‘Hāyana’ is year.

‘Calf’ — a young one of the bovine species. — (134)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 64), which adds that this refers to cases where the offender is a wealthy person; — and in Prāyaścittāviveka (p. 240).

 

Comparative notes by various authors:

Gautama (20.24). — ‘For killing a boar, a jar of clarified butter.’

Viṣṇu (50.36-89). — ‘If he has killed a boar, he should give a jar of clarified butter. If he has killed a partridge, he must give a Droṇa of sesamum. If he has killed a parrot, a calf two years old. If he has killed a curlew, a calf three years old.’

Yājñavalkya (3.272, 273, 275). — ‘For killing an elephant, he shall give five nīla bulls: for killing a parrot, a calf two years old; for killing an ass, a goat or a ram, he should give a bullock; and for killing the purlew, a calf three years old. For killing a swan, a kite, a monkey, a carnivorous animal, or birds flying in the air or walking on the ground, or a peacock, he shall give a cow; hut only a heifer, for killing a non-carnivorous animal. For killing a partridge, he shall give a Droṇa of sesamum.’

 

 

VERSE 11.135

Section XV - Expiation for the killing of Cats and other Animals

 

हत्वा हंसं बलाकां च बकं बर्हिणमेव च ।
वानरं श्येनभासौ च स्पर्शयेद् ब्राह्मणाय गाम् ॥१३५॥

hatvā haṃsaṃ balākāṃ ca bakaṃ barhiṇameva ca |
vānaraṃ śyenabhāsau ca sparśayed brāhmaṇāya gām ||135||

 

On having killed a swan, a balākā, a crane, a peacock, a monkey, a falcon, or a vulture, — one should give a cow to a Brāhmaṇa. — (135)

 

Medhātithi’s commentary (manubhāṣya):

‘Swan’ and the; rest are birds.

‘Vānara’ is monkey.

‘Sparśayet’ — should give.

This expiation applies to the killing of any one of the animals mentioned; because the names have not been compounded into a copulative compound, — as has been explained before. — (135)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 62), which notes that this refers to ‘eases where the offender is a wealthy person unable to do any fasting; — in Aparārka (p. 1132) in Mitākṣarā (3.272); — in Madanapārijāta (p. 950); — and in Prāyaścittaviveka (p. 239).

 

Comparative notes by various authors:

Baudhāyana (1.19.6). — (See under 131.)

Viṣṇu (50.33). — ‘If he has killed a Haṃsa, or a crane, or a heron, or a cormorant, or an ape, or a falcon, or the vulture called Bhāsa, or a Brāhmaṇī duck, he must give a cow to a Brāhmaṇa.’

Yājñavalkya (3.273). — (See under 135.)

 

 

VERSE 11.136

Section XV - Expiation for the killing of Cats and other Animals

 

वासो दद्याद् हयं हत्वा पञ्च नीलान् वृषान् गजम् ।
अजमेषावनड्वाहं खरं हत्वैकहायनम् ॥१३६॥

vāso dadyād hayaṃ hatvā pañca nīlān vṛṣān gajam |
ajameṣāvanaḍvāhaṃ kharaṃ hatvaikahāyanam ||136||

 

On killing a horse, one should give a garment; and five black bulls on killing an elephant; on killing a goat and a sheep, an ox; and on killing a hare, a one-year-old calf. — (136)

 

Medhātithi’s commentary (manubhāṣya):

‘Haya’ — horse.

‘Gaja’ — elephant.

‘Anadvān’ — ox; also on the killing of a goat and a sheep.

On killing a ‘hare’, a ‘one-year-old calf’ — as is clear from the proximity of the ‘ox.’ — (136)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 69); — in Mitākṣarā (3.271); — and in Prāyaścittaviveka (p. 230), which explains the meaning to he that for the killing of an ass, a ram or a goat, one should give a one year old bullock.

 

Comparative notes by various authors:

Yājñavalkya (3.272). — (See under 135.)

Baudhāyana (1.19.4). — ‘If he has slain a milch cow, or a draught ox, he shall perform a Cāndrāyaṇa after paying the prescribed fine.’

Viṣṇu (50.25-28). — ‘If he has killed an elephant, he shall give five nīla bulls; if he has killed a horse, he must give a cloth; if he has killed an ass, he must give a calf one year old; the same if he has killed a ram or a goat.’

 

 

VERSE 11.137

Section XV - Expiation for the killing of Cats and other Animals

 

क्रव्यादांस्तु मृगान् हत्वा धेनुं दद्यात् पयस्विनीम् ।
अक्रव्यादान् वत्सतरीमुष्ट्रं हत्वा तु कृष्णलम् ॥१३७॥

kravyādāṃstu mṛgān hatvā dhenuṃ dadyāt payasvinīm |
akravyādān vatsatarīmuṣṭraṃ hatvā tu kṛṣṇalam ||137||

 

For killing carnivorous animals, one should give a milch-cow; and a heifer for killing those not carnivorous; and a ‘kṛṣṇala’ of gold for killing a camel. — (137)

 

Medhātithi’s commentary (manubhāṣya):

‘Carnivorous animals’ — e.g., the hyena, the lion and so forth.

‘Not carnivorous’ — e.g., the several species of the deer.

‘Dhenu’ — stands for the cow only.

‘Kṛṣṇala’ — is a gold-piece of a definite weight. The term has this technical meaning in treatises on Fines; but

elsewhere it is used in the ordinary sense of a particular weight-measure; as in such passages as — ‘one desiring longevity should give one hundred kṛṣṇalas of clarified butter.’ — (137)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1132); — in Mitākṣarā (3.272); — in Madanapārijāta (p. 950); — and in Prāyaścittaviveka (pp. 232 and 527), which says that this refers to unintentional killing, and that once only.

 

Comparative notes by various authors:

Viṣṇu (50.29, 40-41). — ‘If he has killed a camel, he must give a golden Kṛṣṇala. If he has killed a wild carnivorous animal, he must give a milch cow; if a non-carnivorous wild animal, he must give a heifer.’

Yājñavalkya (3.274-275). — (See under 134.)

 

 

VERSE 11.138

Section XV - Expiation for the killing of Cats and other Animals

 

जीनकार्मुकबस्तावीन् पृथग् दद्याद् विशुद्धये ।
चतुर्णामपि वर्णानां नारीर्हत्वाऽनवस्थिताः ॥१३८॥

jīnakārmukabastāvīn pṛthag dadyād viśuddhaye |
caturṇāmapi varṇānāṃ nārīrhatvā'navasthitāḥ ||138||

 

For killing inconstant women of the four castes, one should give, for his purification, a leathern bag, a bow, a goat and a sheep respectively. — (138)

 

Medhātithi’s commentary (manubhāṣya):

‘Inconstant.’ — Those women who, behaving like prostitutes, have intercourse with many men, are called ‘inconstant’; the epithet does not connote merely transgression of the scriptures; as that would not restrict the term to adultery only.

One should give the ‘leathern bag’ and other things in the order of the castes.

‘Jina’ — the leathern bag, used for carrying water and such purposes.

‘Kārmuka’ — bow.

‘Vaṣṭa’ — goat.

‘Avi’ — sheep.

‘Respectively.’ — This shows that the expiation here laid down is not to be regarded as cumulative.

Some people read ‘gatvā’ (for ‘hatvā’) (‘having intercourse’). But this is not right; since ‘killing’ forms the subject-matter of the present context. — (138)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1128), which explains ‘anavasthitāḥ’ as ‘not faithful to their husbands,’ i.e., ‘adulterous’; — and in Prāyaścittaviveka (p. 227).

 

Comparative notes by various authors:

Gautama (22.26). — ‘For killing an unchaste woman, who is Brāhmaṇi only in name, one should give a leather bag.’

Yājñavalkya (3.269). — ‘For killing an ill-behaved Brāhmaṇi, or Kṣatriyā, or Vaiśya, or Śūdra woman, one shall give, for purifying himself, a leather bag, a bow, a goat, or a ram respectively. But for killing a woman not badly behaved he should perform the same penance as that for killing a Śūdra.’

 

 

VERSE 11.139

Section XV - Expiation for the killing of Cats and other Animals

 

दानेन वधनिर्णेकं सर्पादीनामशक्नुवन् ।
एकैकशश्चरेत् कृच्छ्रं द्विजः पापापनुत्तये ॥१३९॥

dānena vadhanirṇekaṃ sarpādīnāmaśaknuvan |
ekaikaśaścaret kṛcchraṃ dvijaḥ pāpāpanuttaye ||139||

 

If a twice-born person is unable to atone the sin of killing by means of gifts, he should perform the ‘Kṛcchra,’ for each act, for the purpose of removing his sin. — (139)

 

Medhātithi’s commentary (manubhāṣya):

‘Atone’ — expiate.

This verse shows that gifts constitute the principal atonement for sins.

‘For each act.’ — This shows that what is here laid down is not to be regarded as cumulative.

The words beginning with ‘dvijaḥ’ (‘twice-born person’) are added for the purpose of filling up the metre.

In the absence of any specification, the term ‘Kṛcchra’ has been taken to stand for the ‘Prājāpatya’ penance. — (139)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (pp. 30 and 50) which explains the meaning to be that, if the offender is not in a position to give the male cow or other things prescribed, be becomes absolved from the sin by performing the Kṛcchra penance.’

 

Comparative notes by various authors:

Vaśiṣṭha (21.26). — ‘The Kṛcchra penance of twelve days’ duration and a gift to the Brāhmaṇa are required for expiating the sin of killing each such animal as has bones.’

Yājñavalkya (3.275). — ‘If one is unable to make the gifts necessary for the expiating of the sin of killing the elephant and such animals, he shall perform the Kṛcchra penance for each animal that one kills.’

 

 

VERSE 11.140

Section XV - Expiation for the killing of Cats and other Animals

 

अस्थिमतां तु सत्त्वानां सहस्रस्य प्रमापणे ।
पूर्णे चानस्यनस्थ्नां तु शूद्रहत्याव्रतं चरेत् ॥१४०॥

asthimatāṃ tu sattvānāṃ sahasrasya pramāpaṇe |
pūrṇe cānasyanasthnāṃ tu śūdrahatyāvrataṃ caret ||140||

 

If one kills one thousand animals ‘with bones,’ or a full cart-load of boneless ones, he shall perform the penance for the killing of a Śūdra. — (140)

 

Medhātithi’s commentary (manubhāṣya):

‘With bones.’ — This denotes the smallness of the body; as is clear from its being mentioned along with ‘boneless animals.’

‘Anas’ is cart, which stands here as a measure.

Though this expiation has been laid down here, yet, something else also has got to be done, as laid down in the next versa — (140)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaś chitta, p. 66); — and in Prāyaścittaviveka (p. 241), which explains the meaning to be that for the unintentional killing of 1,000 insects with bones, or a cartful of boneless insects, one should perform the ‘six-montly penance’, which Manu has prescribed in connection with the killing of a Śūdra; if it is done intentionally, then the ‘one year penance’ is to be performed.

 

Comparative notes by various authors:

(verses 11.140-141)

Viṣṇu (50.46-47). — ‘If he has killed a thousand small animals having hones, — or an ox-load of boneless animals, — he must perform the same penance as for killing a Śūdra. But if he has killed animals having bones, he must also give some trifle to a Brāhmaṇa; if he has killed boneless animals, he becomes purified by one breath-suspension.’

Gautama (22.20-2). — ‘For killing one thousand small animals with bones, also for killing an ox-load of boneless animals, the same penance as for killing a cow; or he may also give something for the killing of each animal with bones.’

Āpastamba (1.26.2). — ‘For killing an ox-load of boneless animals, the same penance as for killing a Śūdra.

Vaśiṣṭha (21-25). — ‘Having slain a quantity of boneless animals, equal to the weight of a cow, one should perform the Kṛcchra penance of twelve days’ duration, and also give something.’

Yājñavalkya (3.269, 275). — ‘For killing a thousand animals with bones, or a cart-load of boneless animals, one should perform the same penance as for killing a Śūdra. For killing an animal with bones, he shall give something; and for killing a boneless animal, he shall perform breath-suspension.’

 

 

VERSE 11.141

Section XV - Expiation for the killing of Cats and other Animals

 

किं चिदेव तु विप्राय दद्यादस्थिमतां वधे ।
अनस्थ्नां चैव हिंसायां प्राणायामेन शुध्यति ॥१४१॥

kiṃ chideva tu viprāya dadyādasthimatāṃ vadhe |
anasthnāṃ caiva hiṃsāyāṃ prāṇāyāmena śudhyati ||141||

 

For the killing of animals with bones, he should give some trifle to a Brāhmaṇa; and for the killing of boneless animals, one becomes purified by the ‘control of breath.’ — (141)

 

Medhātithi’s commentary (manubhāṣya):

‘Some trifle’ stands for a small thing — small in amount, in utility and in price.

According to the older writers the expiation here laid down is for the killing of a single animal.

As a matter of fact, there is no expiation at all for the killing of boneless animals.

‘Control of Breath’ here stands for self-control.

The killing of ‘insects and worms,’ which has been mentioned among ‘defiling sins’ (under 11.70), is to be understood as referring to insects of large size, — the present verse referring to little insects as mosquitoes and the rest. — (141)

 

Explanatory notes by Ganganath Jha:

‘Kiñcit.’ — ‘One paṇa’ (Nārāyaṇa); — ‘eight handfuls of grain’ (Nandana).

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 66); — and in Prāyaścittaviveka (p. 241), which says that this refers to the killing of only one insect.

 

Comparative notes by various authors:

(verses 11.140-141)

See Comparative notes for Verse 11.140.

 

 

VERSE 11.142 [Expiation for cutting Trees and other Offences]

Section XVI - Expiation for cutting Trees and other Offences

 

फलदानां तु वृक्षाणां छेदने जप्यमृच्शतम् ।
गुल्मवल्लीलतानां च पुष्पितानां च वीरुधाम् ॥१४२॥

phaladānāṃ tu vṛkṣāṇāṃ chedane japyamṛcśatam |
gulmavallīlatānāṃ ca puṣpitānāṃ ca vīrudhām ||142||

 

When one cuts fruit-bearing trees, shrubs, creepers, branches of trees or flowering plants, he should recite one hundred Ṛk verses. — (142)

 

Medhātithi’s commentary (manubhāṣya):

‘Fruit-bearing trees’ — such as the Mango, the Kaṇṭakī and the like.

The reciting of one hundred Ṛk verses is meant for twice-born men.

“What then is to be the expiation for a Śūdra?”

Some people hold that for them the expiation shall be the same as for the ‘minor offence’ of ‘cutting green trees for fuel.’ This, however, cannot be right, as that would be too heavy.

“If that is too heavy, why should it have been prescribed in connection with minor offences?”

The expiation laid down there was for repeated acts.

For these reasons, for the Śūdra cutting fruit-bearing trees, etc., the expiation shall be fasting for two or three days.

‘Shrubs,’ etc. — have been already explained.

‘Latā’ — stands here for branches of trees. — (142)

 

Explanatory notes by Ganganath Jha:

‘Ṛkṣatam (Ṛcśatam?).’ — ‘One hundred verses, the Gāyatrī and the like’ (Kullūka); — ‘the Gāyatrī itself repeated a hundred times’ (Nārāyaṇa).

This verse is quoted in Mitākṣarā (3.276); — in Parā sha ramādhava (Prāyaścitta, p. 434), which notes that this refers to the cutting of trees etc., other than that for sacrificial purposes; — in Aparārka (p. 1134), which notes that ‘puṣpitānām’ goes with ‘vīrudhām’; — in Madanapārijāta (p. 920), which notes that there is nothing wrong in cutting the trees etc., for the purposes of the five great sacrifices and other religious purpose; — and in Prāyaścittaviveka (p. 243), which says that this refers to the cutting of trees with very few fruits.

 

Comparative notes by various authors:

Viṣṇu (50.48). — ‘For cutting trees yielding fruit, shrubs, creeping or climbing plants, or plants yielding blossoms, he should recite the Vedic mantra a hundred times.’

Yājñavalkya (3.276). — ‘For cutting trees, shrubs and creepers, one should recite a hundred Ṛk verses.’

 

 

VERSE 11.143

Section XVI - Expiation for cutting Trees and other Offences

 

अन्नाद्यजानां सत्त्वानां रसजानां च सर्वशः ।
फलपुष्पोद्भवानां च घृतप्राशो विशोधनम् ॥१४३॥

annādyajānāṃ sattvānāṃ rasajānāṃ ca sarvaśaḥ |
phalapuṣpodbhavānāṃ ca ghṛtaprāśo viśodhanam ||143||

 

For the destroying of any kind of creatures bred in food, in sauces, in fruits or in flowers, the expiation consists in eating with clarified butter. — (143)

 

Medhātithi’s commentary (manubhāṣya):

The creatures or living beings that are bred in cooked rice, and other kinds of food kept for a long time.

‘Bred in sauces’ — such as molasses, gruel and so forth.

The insects inside figs and such others are those ‘bred in fruits and flowers.’

‘Eating with clarified butter’ — that is, when one begins to take his food, he should drink clarified butter; — the particle ‘pra’ in ‘prāśa’ denoting beginning. Hence what is laid down does not exclude owlinary food, as is done in the case of the ‘Payovrata’ (subsisting on milk) and other penances; and the reason for this lies in the consideration that the creatures concerned are so insignificant that mere ‘breath-control’ has been prescribed as the expiation for killing them; so that the expiation in question (if it meant subsisting on clarified butter only) would be too heavy for such a trifling offence. Hence what is meant by ‘eating with clarified butter’ is that just a little of it should he sipped in the beginning. — (143)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1138), which adds that ‘ghāte,’ ‘on cutting,’ is to be construed with

this verse; — and in Prāyaścittaviveka (p. 242), which explains ‘anādya’ as śaktu and the rest, — ‘rasa’ as ‘molasses and the like,’ — ‘phala’ as ‘the jujube and so forth,’ — ‘puṣpa’ as the Madhūka and the rest, — if one kills the insects produced in these things unintentionally, one should eat clarified butter and then fast for a day.

 

Comparative notes by various authors:

Viṣṇu (50.49). — ‘For killing insects bred in rice or other food, or in sweets and such things, or in liquids, or elsewhere, or in flowers or fruits, — the penance consists in eating clarified butter.’

 

 

VERSE 11.144

Section XVI - Expiation for cutting Trees and other Offences

 

कृष्तजानामोषधीनां जातानां च स्वयं वने ।
वृथालम्भेऽनुगच्छेद् गां दिनमेकं पयोव्रतः ॥१४४॥

kṛṣtajānāmoṣadhīnāṃ jātānāṃ ca svayaṃ vane |
vṛthālambhe'nugacched gāṃ dinamekaṃ payovrataḥ ||144||

 

If one needlessly cuts plants grown by cultivation, or those that spontaneously grow in the forest, he shall attend on the cow for one day, subsisting on milk only. — (144)

 

Medhātithi’s commentary (manubhāṣya):

Those that grow in a plot of land that has been cultivated with the plough, the spade and other implements, and those that grow by themselves in the forest; — if one cuts these ‘needlessly’ — i.e., not for any such purpose as the feeding of cattle and the like, — he should ‘attend on the cow for one day’ — with great joy.

‘Subsisting on milk.’ — This precludes all other food. — (144)

 

Comparative notes by various authors:

Viṣṇu (50.50). — ‘If a man has wantonly cut such plants as grow by cultivation, or such as rise spontaneously in the woods, — he must wait on a cow and subsist on milk for one day.’

Yājñavalkya (3.276). — (See under 142.)

 

 

VERSE 11.145

Section XVI - Expiation for cutting Trees and other Offences

 

एतैर्व्रतैरपोह्यं स्यादेनो हिंसासमुद्भवम् ।
ज्ञानाज्ञानकृतं कृत्स्नं शृणुतानाद्यभक्षणे ॥१४५॥

etairvratairapohyaṃ syādeno hiṃsāsamudbhavam |
jñānājñānakṛtaṃ kṛtsnaṃ śṛṇutānādyabhakṣaṇe ||145||

 

By means of these penances shall one remove the six arising from the act of slaying, either intentionally or unintentionally. Now listen to all that is involved in eating forbidden food. — (145)

 

Medhātithi’s commentary (manubhāṣya):

‘The sin arising from the act of slaying’ — that which is produced by slaying — ‘shall he removed’ — is removable — by the penances just described; — whether the act be done intentionally or unintentionally.

Now listen to the method by which one could remove the sin involved in the eating of ‘forbidden food’ — such food as ought not to be eaten. — (145)

 

 

VERSE 11.146 [Expiation for the Sin of taking Forbidden Food]

Section XVII - Expiation for the Sin of taking Forbidden Food

 

अज्ञानाद् वारुणीं पीत्वा संस्कारेणैव शुध्यति ।
मतिपूर्वमनिर्देश्यं प्राणान्तिकमिति स्थितिः ॥१४६॥

ajñānād vāruṇīṃ pītvā saṃskāreṇaiva śudhyati |
matipūrvamanirdeśyaṃ prāṇāntikamiti sthitiḥ ||146||

 

If one drinks wine unintentionally, he becomes pure by a sacrament; this, however, is not what should be prescribed in the case of doing the act intentionally; in which case there should be a penance involving death; — such is the settled law. — (146)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as in connection with this ‘Initiation,’ the use of the girdle-zone and other things has been forbidden, it follows that it stands here for ‘Initiation’; and on the strength of another Smṛti-text, this should be accompanied by the ‘Tapta-kṛcchra’ penance. Says Gautama — ‘In the case of unintentional drinking of wine, one should live for three days upon milk, clarified butter, water and air, performing the Tapta-kṛcchra, — then should follow his Initiation’ (23.2).

The ‘wine’ meant here is not that which is distilled from grains, but those that are distilled from molasses and honey.

“From what does this follow?”

It follows from what we learn from another Smṛti-text — ‘The Brāhmaṇa who unintentionally drinks wine other than that distilled from grains, becomes pure by subsisting, for ten days, on cow’s urine, and barley-products.’ So that in the case of the unintentional drinking of wine distilled from grains, there is to be an ordinary form of expiation (and not Re-initiation), — either in the one form of the penance involving the subsisting for one year on pieces of grain, or in the performance of the ‘Chāndrāyaṇa.’

In the case of the intentional drinking of even the two kinds of wine (that distilled from molasses and that distilled from honey), the aforesaid expiation should not be prescribed; in such a case, the expiation should be one that brings about the death of the offender.

“What expiation would this be?”

The same that has been prescribed above for the drinking of the wine that is distilled from grains, which is the most important form of wine.

This, however, should be understood to apply to cases of repeated drinking (of the two kinds of wine); since for once drinking wines other than that distilled from grains, the performance of the Cāndrāyaṇa penance has been laid down.

Thus the ‘settled law’ on this point is as follows: — (a) If one drinks intentionally the wine distilled from grains, there should be a penance ending in death; — (b) if he drinks that same wine unintentionally, and once only, he should live upon pieces of grain and perform the Cāndrāyaṇa; — (c) if he does it unintentionally, but repeatedly, then it shall be just as in the case of intentional drinking; — (d) in the case of the intentional drinking of other wines, one should perform the Cāndrāyaṇa; — (e) in the case of the unintentional drinking of these, once only, there should be the ‘Tapta-kṛcchra’ Initiation and subsisting on cow’s urine and barley-products; — and (f) in the case of unintentional, but repeated, drinking of these, it shall be just as in the case of the wine distilled from grains. — (146)

 

Explanatory notes by Ganganath Jha:

‘Anirdeśyam.’ — ‘What is stated in the first half is not to be prescribed in the case of the intentional drinking of Vāruṇī’ (Medhātithi and Nandana); — ‘Any expiation involving death shall not be prescribed even in the wise of the intentional drinking of Vāruṇī’ (Nārāyaṇa and others.)

This verse is quoted in Aparārka (p. 1074), which explains the meaning to be — ‘The intentional drinking of Surā is an offence for which no expiation can be prescribed by any Assembly; it has to be found out by the offender himself.’ It adds that the re-performance of the sacramental rites in itself cannot absolve the man from the sin; these rites have to be performed after the man has undergone the expiation specifically prescribed for wine-drinking.

It is quoted in Mitākṣarā (3.255), which adds that the sacramental rites are to be performed after the performance of the Tapta-Kṛcchra.

It is quoted in Parāyaścittaviveka (p. 100), which explains the second half to mean that ‘if one drinks wine intentionally, then the expiation just prescribed will not serve his purpose his only expiation will consist in giving up his life.’

 

Comparative notes by various authors:

(See texts under 91 et seq.)

Gautama (23.2). — ‘If the Brāhmaṇa has drunk wine unintentionally, he shall subsist for three days on hot milk, clarified hatter and water; and inhale hot air. This penance is called Tapta-Kṛcchra. After that he shall undergo a second initiation.’

Baudhāyana (2.1.19). — ‘For unintentionally drinking wine one shall perform the Kṛcchra penance for three months and he initiated again.’

Vaśiṣṭha (20.19). — ‘If a Brāhmaṇa intentionally drinks liquor other than that distilled from rice, or if he unintentionally drinks liquor extracted from rice, he must perform a Kṛcchra and an Atikṛcchra, and after eating clarified butter, he initiated again.’

Viṣṇu (51.1-4). — ‘A drinker of liquor must abstain from all religions rites and subsist on grains separated from the husk, for a year. If a man has knowingly tasted any of the excretions of the body, or of intoxicating drinks, he should perform the Cāndrāyaṇa penance. In all these cases, the twice-born man shall be initiated a second time, after the penance is over,’

Yājñavalkya (3.255). — ‘On drinking the Vāruṇī wine or semen, or urine or ordure, unwittingly, the three twice-born castes shall undergo initiation a second time.’

 

 

VERSE 11.147

Section XVII - Expiation for the Sin of taking Forbidden Food

 

अपः सुराभाजनस्था मद्यभाण्डस्थितास्तथा ।
पञ्चरात्रं पिबेत् पीत्वा शङ्खपुष्पीशृतं पयः ॥१४७॥

apaḥ surābhājanasthā madyabhāṇḍasthitāstathā |
pañcarātraṃ pibet pītvā śaṅkhapuṣpīśṛtaṃ payaḥ ||147||

 

If one has drunk water kept in a vessel used for keeping wine, or in a pot where intoxicating drinks are kept, he shall drink, for five days, milk in which Śaṅkhapuṣpī has been boiled. — (147)

 

Medhātithi’s commentary (manubhāṣya):

This expiation refers to the drinking of water out of a vessel in which the taste of wine is felt.

“The term ‘madya,’ ‘intoxicating drink,’ being a general one, all that is intended would be secured from the single word ‘contained in a pot used far keeping intoxicating drinks’; and the other word ‘contained in a vessel used for keeping nine’ should not have been used.”

True; this would be so if there were not a great difference between the expiations prescribed for the drinking of ‘wine’ and of ‘intoxicating drinks.’ When, however, there is such a difference, it would appear that, there should be a correspondingly heavier expiation for the drinking of water contained in a wine-vessel; — and it is with a view to preclude this idea that the text prescribes the same expiation for both.

‘For five days he shall drink milk in which Śaṅkha-puṣpī has been boiled.’ The term ‘payas’ here stands for milk; because the particular term ‘śhṛta’ (in the sense of boiled) is used only in connection with milk and sacrificial materials.

‘Śaṅkhapuṣpī’ is the name of a medicinal herb; and this shall be pounded and boiled in milk, which shall be drunk for five days. — (147)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1074), which explains that ‘payaḥ’ here stands for milk; — again on p. 1160, where it is added that this refers to cases where the water has been drunk and vomitted by women or children, and it was contained in a vessel that had contained wine, hut was not wet with it, so that the water had not imbibed either the taste or the smell of the liquor.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 349), which adds that this refers to cases of unintentional repeated drinking of the water; — and in Prāyaścittaviveka (p. 324), which says that ‘payaḥ’ means milk; ‘Śaṅkhapuṣpī’ is a particular herb.

 

Comparative notes by various authors:

Baudhāyana (2.1.22). — ‘He who drinks water which has stood in a vessel used for keeping Surā, shall live six days on milk in which leaves of the Śaṅkhapuṣpī plant has been boiled.’

Vaśiṣṭha (20-21). — ‘If a Brāhmaṇa drinks water which has stood in a vessel used for keeping wine, he becomes pure by drinking, during three days, water mixed with a decoction of lotus, Udumbara, Bilva, and Palāsa leaves.’

Viṣṇu (51.23-24). — ‘After having drunk water from a vessel in which liquor had been kept, he must drink for seven days milk boiled with the Śaṅkhapuṣpī plant. After having drunk water from a vessel in which any intoxicating beverage had been kept, he must drink the said milk for five days.’

 

 

VERSE 11.148

Section XVII - Expiation for the Sin of taking Forbidden Food

 

स्पृष्ट्वा दत्त्वा च मदिरां विधिवत् प्रतिगृह्य च ।
शूद्रोच्छिष्टाश्च पीत्वाऽपः कुशवारि पिबेत् त्र्यहम् ॥१४८॥

spṛṣṭvā dattvā ca madirāṃ vidhivat pratigṛhya ca |
śūdrocchiṣṭāśca pītvā'paḥ kuśavāri pibet tryaham ||148||

 

If one touches wine, or offers it to another, or receives it in due form, — or if he drinks water left by a Śūdra, — he shall drink kuśa-water for three days. — (148)

 

Medhātithi’s commentary (manubhāṣya):

‘Receives it in due form,’ — i.e., pronouncing the syllable ‘svasti’; similarly with the offering also.

There would be no harm in the case of vrīhi and other corns.

‘Kuśa’ is a kind of grass. — (148)

 

Explanatory notes by Ganganath Jha:

‘Vidhivat’ — ‘Pronouncing a benediction on the giver’ (Govindarāja and Kullūka); — ‘at the Sautrāmaṇi sacrifice’ (Nandana).

This verse is quoted in Aparārka (p. 1164.)

 

Comparative notes by various authors:

Bṛhaspati (Aparārka, p. 1164). — ‘If a twice-born person intentionally touches wine, onions or garlic, he shall live for three days on Kuśa-water and also repeat the Gāyatrī.’

 

 

VERSE 11.149

Section XVII - Expiation for the Sin of taking Forbidden Food

 

ब्राह्मणस्तु सुरापस्य गन्धमाघ्राय सोमपः ।
प्राणानप्सु त्रिरायम्य घृतं प्राश्य विशुध्यति ॥१४९॥

brāhmaṇastu surāpasya gandhamāghrāya somapaḥ |
prāṇānapsu trirāyamya ghṛtaṃ prāśya viśudhyati ||149||

 

If a Brāhmaṇa who has partaken of the Soma inhales the odour given out by a wine-drinker, he becomes pure by thrice suppressing his breath in water and eating clarified butter. — (149)

 

Medhātithi’s commentary (manubhāṣya):

‘Odour given out by a wine-drinker.’ — The odour that conies out of the mouth of a person who has drunk wine, is due to its digestion undergone in the stomach and contact with other substances therein contained; hence the offence is a comparatively light one. The odour of wine kept in a vessel, can be easily avoided (hence the inhaling of its odour would be a serious offence).

Others explain the text to mean that this same expiation applies to a case where the said odour is inhaled by a Brāhmaṇa who is habituated to drinking wine.

‘Who has partaken of Soma’ — This specification implies that what is said here does not apply to the case of one who has performed the Darśa-pūrṇamāsa sacrifices.

‘Eating clarified butter.’ — Here also, the eating of other things is not precluded.

Since ‘wine’ has been mentioned by name, what is said here does not apply to the case of other intoxicating drinks. — (149)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.255), which remarks that this refers to the case of a Soma-sacrificer unintentionally smelling the liquor; if it is intentional, the expiation is to be doubled; — in the Madanapārijāta (p. 822), which also remarks that this refers to unintentional smelling; intentional smelling involving double the said expiation; — in Aparārka (p. 1164); — in Parāśaramādhava (Prāyaścitta, p. 349), as referring to the case of the smelling of the mouth of the man who has drunk wine; — and in Nṛsiṃhaprasāda (Prāyaścitta 9b).

 

Comparative notes by various authors:

Mahābhārata (12.165.76). — (Same as Manu.)

Gautama (23-6). — ‘If he inhales the fume exhaled by a man who has drunk wine, he shall thrice suspend his breath and eat clarified butter.’

Viṣṇu (51.25). — ‘A Soma-sacrificer who has smelt the breath of a man who had been drinking wine, must plunge into water, recite the Aghamarṣaṇa-mantra three times and eat clarified butter afterwards.’

 

 

VERSE 11.150

Section XVII - Expiation for the Sin of taking Forbidden Food

 

अज्ञानात् प्राश्य विण्मूत्रं सुरासंस्पृष्टमेव च ।
पुनः संस्कारमर्हन्ति त्रयो वर्णा द्विजातयः ॥१५०॥

ajñānāt prāśya viṇmūtraṃ surāsaṃspṛṣṭameva ca |
punaḥ saṃskāramarhanti trayo varṇā dvijātayaḥ ||150||

 

The three twice-born castes, who have unwittingly swallowed ordure or urine, or anything that has been in contact with wine, are liable to re-initiation. — (150)

 

Medhātithi’s commentary (manubhāṣya):

‘Ordure or wine’ — is meant to include semen also; since we read in another Smṛti — ‘This same expiation applies to the case of the eating of ordure, stenching corpse and semen.’

“Whose ordure and urine are meant here?”

Of men; the ease of those of other animals we shall deal with later on.

In connection with this offence also, the ‘Tapta - Kṛcchra’ has to be combined with what is here laid down; reasons for which have been already explained above.

Stress is meant to be laid upon the term ‘twice-born’; since another expiation for Śūdras is going to be laid down later on.

‘Unwittingly.’ — This is only a reiteration; who is there who would swallow ordure or urine intentionally?

Further, in connection with the (intentional) drinking of intoxicants, it has been laid down that ‘having partaken of an intoxicant, one should perform the ‘Kṛcchra’; so that if Initiation were the only expiation meant for the intentional swallowing of ordure and urine, the text would imply that both (eating of ordure and drinking of an intoxicant) stand on the same footing (which is absurd).

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.254), as referring to eases where the twice-born eats dry grain which has come into contact with liquor; — in Aparārka (p. 1074), where ‘surāsaṃspṛṣṭam’ is explained as ‘that in which the taste of liquor is absent e.g. water contained in a vessel which had contained liquor; the eating of what bears the taste of liquor being as bad as the drinking of liquor itself; it adds that here also the re-initiation is to follow the prescribed expiatory rites; — again on p. 1164; — in Nirṇayasindhu (p. 191) in Vidhānapārijāta (p. 488); — in Vīramitrodaya (Saṃskāra p. 545); — in Parāśaramādhava (Prāyaścitta p. 298); — in Prāyaścittaviveka (p. 104); — and in Saṃskāraratnamālā (p. 279), which says that the ‘punaḥ saṃskāra,’ is always to be preceded by the performance of the Tapta-Kṛcchra.

 

Comparative notes by various authors:

Gautama (23.3). — ‘The Taptakṛcchra penance should be performed for swallowing urine, excrements or semen.’

Vaśiṣṭha (20.20). — ‘The Kṛcchra and th e Atikṛcchra are prescribed for swallowing excrements, urine and semen.’

Viṣṇu (51.2). — ‘If a man has tasted any of the bodily excretions, or of intoxicating drinks, he must perform the Cāndrāyaṇa penance.’

Yājñavalkya (3.255). — ‘On unwittingly drinking semen, excreta or urine, the three twice-born castes have to undergo initiation a second time.’

Parāśara (11.4). — ‘One who has eaten excreta or urine should, for his purification, perform the Prājāpatya penance, and then bathe with and drink the five bovine products.’

Do. (12.1). — ‘The Brāhmaṇa who has eaten defiled food, or semen or beef or the food of a Cāṇḍāla, he should perform the Kṛcchra-Cāndrāyaṇa.’

 

 

VERSE 11.151

Section XVII - Expiation for the Sin of taking Forbidden Food

 

वपनं मेखला दण्डो भैक्षचर्या व्रतानि च ।
निवर्तन्ते द्विजातीनां पुनःसंस्कारकर्मणि ॥१५१॥

vapanaṃ mekhalā daṇḍo bhaikṣacaryā vratāni ca |
nivartante dvijātīnāṃ punaḥsaṃskārakarmaṇi ||151||

 

In the performance of the Re-initiation of twice-born men, tonsure, the girdle, the staff, begging alms, and the vows are omitted. — (151)

 

Medhātithi’s commentary (manubhāṣya):

‘Vows’ — are understood to be those laid down in connection with Vedic study. But this is not right; since those vows have been laid down with a view to proper study, and hence there could be no possibility of their coming in on the occasion of Re-initiation. [So that the rule declaring their omission would be redundant] Hence the ‘vows’ in the present context should be understood to be those that are set before the student in such words as — ‘Do not sleep during the day,’ ‘Fetch fuel in the morning and in the evening,’ ‘Be obedient to the Preceptor,’ and so forth. It is these that are omitted on the Re-initiation. — (151)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva, (p. 556); — in Aparārka (p. 1075); — in Smṛtikaumudī (p. 37), as laying down in what respects the expiatory sacrament differs from the ordinary initiatory sacrament; — in Prāyaścittaviveka (p. 104), which says that all this refers to things that had come into contact with wine sometime in the past; — and in Gadādharapaddhati (Kāla p. 325).

 

Comparative notes by various authors:

Vaśiṣṭha (20.18). — ‘They quote a verse proclaimed by Manu: — “The tonsure, the sacred girdle, the staff and the begging of alms may be omitted at a second Initiation.”’

Parāśara (12, 3). — (Same as Manu.)

Baudhāyana (2.1-20). — ‘On the second Initiation, the cutting of the hair and nails, the vows and the restrictive rules may be omitted.’

Viṣṇu (51.5). — ‘On the second Initiation, the tonsure, the girdle, the staff and the alms-begging shall be omitted.’

 

 

VERSE 11.152

Section XVII - Expiation for the Sin of taking Forbidden Food

 

अभोज्यानां तु भुक्त्वाऽन्नं स्त्रीशूद्रोच्छिष्टमेव च ।
जग्ध्वा मांसमभक्ष्यं च सप्तरात्रं यवान् पिबेत् ॥१५२॥

abhojyānāṃ tu bhuktvā'nnaṃ strīśūdrocchiṣṭameva ca |
jagdhvā māṃsamabhakṣyaṃ ca saptarātraṃ yavān pibet ||152||

 

If one has eaten the food of persons of unfit food, or food left by a woman or a Śūdra, — or forbidden flesh, — he shall drink barley for seven days. — (152)

 

Medhātithi’s commentary (manubhāṣya):

Those persons are said to be ‘of unfit food’ whose food people do not eat; i.e., those ignorant of the Veda, those who make a living by their wife, those who live upon war, those who sacrifice for persons not entitled to sacrifice, and so forth.

Since the term ‘Śūdra’ itself, which stands for both sexes, would include the Śūdra woman also, — the term ‘woman’ should be understood to stand for a woman of the same caste as the person concerned.

‘Left’ — means touched by the mouth.

As for the assertion that ‘the mouth of women is always pure’ (5.130), the exact scope of that has been already explained.

In connection with the drinking of water left by a Śūdra, a previous text (149) has laid down the ‘drinking of Kuśa-water,’ while the present text prescribes the drinking of ‘barley’ for seven days. And since the matter is a purely scriptural one, what is said in the present verse should be taken as referring to the eating of such food as cooked rice and the like.

‘Forbidden flesh’ — of such birds, for instance, as the Plava, the Haṃsa, the Cakravāka and the like.

What is here prescribed should be understood as referring to cases where the act is repeatedly and intentionally done. For other cases, the expiation would be the general one that — ‘in the case of the rest, one should fast for the day.’

This same expiation also applies to the case of the drinking of all kinds of forbidden milk, with the exception of the milk of the sow, the camel and such other animals, — in connection with which special expiations have been directly prescribed.

When one drinks the ‘gruel’ (of barley), it becomes the drinking of ‘barley.’ — (152)

 

Explanatory notes by Ganganath Jha:

Cf. 4.222.

This verse is quoted in Aparārka (p. 1167); — in Mitākṣarā (3.291), which adds that this refers to intentional and repeated acts; — and in Prāyaścittaviveka (pp. 269 and 281), which says that this refers to unintentional eating.

 

Comparative notes by various authors:

See above under 4.222.

Vaśiṣṭha (14. 33). — ‘For eating garlic, onions, mushrooms, turnips, śleṣmātaka, exudations from trees, the red sap flowing from incisions in trees, food peeked at by crows or carried by dogs, or the leavings of a Śūdra, an Atikṛcchra penance must be performed.’

Viṣṇu (51.50, 54, 56). — ‘If a Brāhmaṇa eats the leavings of a Śūdra, he should subsist on milk for seven days. If a Kṣatriya eats the leavings of a Śūdra, he should subsist on milk for five days. If a Vaiśya eats the leavings of a Śūdra, he should subsist on milk for three days.’

 

 

VERSE 11.153

Section XVII - Expiation for the Sin of taking Forbidden Food

 

शुक्तानि च कषायांश्च पीत्वा मेध्यान्यपि द्विजः ।
तावद् भवत्यप्रयतो यावत् तन्न व्रजत्यधः ॥१५३॥

śuktāni ca kaṣāyāṃśca pītvā medhyānyapi dvijaḥ |
tāvad bhavatyaprayato yāvat tanna vrajatyadhaḥ ||153||

 

If a twice-born person drinks soured liquids or decoctions, — even though they be pure, — remains impure until it has gone down. — (153)

 

Medhātithi’s commentary (manubhāṣya):

‘Pure soured liquids’ — such as have been permitted, as ‘among soured liquids, curds are eatable, etc.’ (5.10). As regards curds, however, the present text has nothing to do with it; for even though it is a ‘soured liquid,’ its eatability has been distinctly asserted; in fact the texts declare that it is a purifying substance.

‘Decoctions’ — are well-known in medical works, as prepared by the boiling of herbs.

‘Impure’ — defiled.

‘Until it has gone down’ — ‘Going down’ stands for their being digested and passed out in the form of urine and excreta; or it may mean simply reaching the digestive organ. — (153)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.291).

 

Comparative notes by various authors:

Śaṅkha (Mitākṣarā, 3.290). — ‘One who has eaten liquids turned sour in their unmixed form, or food kept overnight, or the leaves of the Ṛcīka plant, shall fast for three days.’

 

 

VERSE 11.154

Section XVII - Expiation for the Sin of taking Forbidden Food

 

विड्वराहखरोष्ट्राणां गोमायोः कपिकाकयोः ।
प्राश्य मूत्रपुरीषाणि द्विजश्चान्द्रायणं चरेत् ॥१५४॥

viḍvarāhakharoṣṭrāṇāṃ gomāyoḥ kapikākayoḥ |
prāśya mūtrapurīṣāṇi dvijaścāndrāyaṇaṃ caret ||154||

 

If a twice-born person swallows the ordure or urine of the village-pig, of an ass, of a camel, of a jackal, of a monkey, or of a crow — he shall perform the Cāndrāyaṇa. — (154)

 

Medhātithi’s commentary (manubhāṣya):

Since nothing has been specially mentioned, this should be understood to apply to a case where the swallowing is done unintentionally. Or, both intentional and unintentional swallowing may be regarded as being on the same footing; as such an assumption would be better than any reduction in the expiation (in eases of unintentional swallowing). — (154)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1164); — and in Parāśaramādhava (Prāyaścitta p. 296).

 

Comparative notes by various authors:

Saṃvarta (Parāsaramādhava-Prāyaścitta, p. 296). — ‘On eating the urine or excreta of the dog, the cat, the ass, the camel, the monkey, the jackal or the crow, — one should perform the Cāndrāyaṇa penance.’

 

 

VERSE 11.155

Section XVII - Expiation for the Sin of taking Forbidden Food

 

शुष्काणि भुक्त्वा मांसानि भौमानि कवकानि च ।
अज्ञातं चैव सूनास्थमेतदेव व्रतं चरेत् ॥१५५॥

śuṣkāṇi bhuktvā māṃsāni bhaumāni kavakāni ca |
ajñātaṃ caiva sūnāsthametadeva vrataṃ caret ||155||

 

If one eats dried meat, mushrooms growing on the ground, or unrecognised meat lying in the slaughter-house — he shall perform this same penance. — (155)

 

Medhātithi’s commentary (manubhāṣya):

‘Dried meat’ — such for instance, as dried pork and so forth.

‘Growing m the ground.’ — This epithet has been added with a view to show that those growing in cavities are not forbidden.

‘Unrecognised’ — it being unascertainable whether it is flesh of sheep or of buffalo.

‘Slaughter-house’ — where animals are killed for sale. In the case of meat found in other places, the expiation is a light one.

“In fact when the text emphasises the qualification of ‘lying in the slaughter-house,’ there should be no harm in meat obtained elsewhere.”

It is not so; since all meat connected with the ‘slaughterhouse’ has been forbidden in general terms. Though as regards expiation, a comparative reduction or enhancement would always he proper, in view of the exact place from where the meat has been obtained.

‘This same’ — i.e., the Cāndrāyaṇa.

When, however, the exact species of the animal is known, the repeated eating of such meat, would involve the drinking of barley-gruel for seven days. In the rest, ‘one should fast during the day.’ — (155)

 

Explanatory notes by Ganganath Jha:

‘Ajñātam’. — ‘Unknown’ (Medhātithi); — ‘unintentionally’ (Govindarāja and Rāghavānanda); ‘Bhaumāni kavakāni’. — To be taken together according to Medhātithi; separately, according to Rāghavānanda, who takes ‘bhaumāni’ as ‘mushrooms growing on the ground,’ and ‘Kavakānī’ as ‘mushrooms growing on trees’.

This verse is quoted in Aparārka (p. 1166), which adds that the expiation here prescribed is for the eating of mushrooms growing on the ground, not those growing on trees; — and in Prāyaścittaviveka (p. 285).

 

Comparative notes by various authors:

Viṣṇu (51.27, 34). — ‘The Cāndrāyaṇa penance should be performed for eating unknown flesh, meat kept in a slaughterhouse and dried meat. For eating the Chatrāka or the Kavaka, one must perform the Sāntapana penance.’

 

 

VERSE 11.156

Section XVII - Expiation for the Sin of taking Forbidden Food

 

क्रव्यादसूकरोष्ट्राणां कुक्कुटानां च भक्षणे ।
नरकाकखराणां च तप्तकृच्छ्रं विशोधनम् ॥१५६॥

kravyādasūkaroṣṭrāṇāṃ kukkuṭānāṃ ca bhakṣaṇe |
narakākakharāṇāṃ ca taptakṛcchraṃ viśodhanam ||156||

 

For eating the meat of carnivorous animals, of pigs, of camels, of cocks, of crows, of asses, or of human flesh, — the atonement consists of the Tapta-Kṛcchra. — (156)

 

Medhātithi’s commentary (manubhāṣya):

The particle ‘ca’ indicates that the previous verse (154) also is to be construed with the present one; so that for the eating of the meat of the village-pig and other animals mentioned therein, this same should be the expiation.

And the second ‘ca’ indicates that the expiation for swallowing the ordure or urine of carnivorous and other animals (mentioned in the present verse), would be the same as that in the case of that of the village-pig and other animals (mentioned in 154); but with this difference that in another Smṛti, what is laid down in the present verse is found to be applied to the case of all men; hence so far as the present verse is concerned, no significance can be attached to the specification of ‘twice-born men’ (in 154), where it is said that ‘the twice-born man shall perform the Cāndrāyaṇa.’

Thus these two verses (154 and 156) should be taken along with Verse 159; so that the eating of what has been touched by the mouth of these animals (mentioned in the present verse) shall be treated on the same footing as the eating of things touched with the mouth of the cat and other animals (mentioned in 159).

On the same ground, the ordure and urine of all the animals (mentioned in the three verses) become forbidden; so that the expiation for the swallowing of the ordure and urine of the cat and other animals (mentioned in 159) would be the same as that for the swallowing of those of the carnivorous and other animals (mentioned in the present verse). — (156)

 

Explanatory notes by Ganganath Jha:

Cf. 5.19-21.

For the Tapta-Kṛchhra see 11.215.

This verse is quoted in Aparārka (p. 1166); — and in Mitākṣarā (3.291).

 

Comparative notes by various authors:

Gautama (23.4-5). — ‘For eating any part of a carnivorous beast, of a camel, or of an ass, or of tame cocks, or of tame pigs, — one should perform the penance of Taptakṛcchra.’

Vaśiṣṭha (23.30). — ‘If he has swallowed the flesh of a dog, a cock, a village pig, a grey heron, or an owl, — he must fast for seven days and thus empty his entrails; after that he must eat clarified butter and undergo Initiation a second time.’

Viṣṇu (51.3-4). — ‘One must perform the Cāndrāyaṇa penance if he has eaten garlic or onions, or other things having the same flavour, or the meat of village pigs, of tame cocks, of apes or of cows; — and in all these cases, the man must undergo Initiation a second time, after the penance is over.’

 

 

VERSE 11.157

Section XVII - Expiation for the Sin of taking Forbidden Food

 

मासिकान्नं तु योऽश्नीयादसमावर्तको द्विजः ।
स त्रीण्यहान्युपवसेदेकाहं चोदके वसेत् ॥१५७॥

māsikānnaṃ tu yo'śnīyādasamāvartako dvijaḥ |
sa trīṇyahānyupavasedekāhaṃ codake vaset ||157||

 

If a twice-born person, who has not completed his course of study, eats food given at a monthly rite, he shall fast for three days and remain one day in water. — (157)

 

Medhātithi’s commentary (manubhāṣya):

‘Monthly rite’ — i.e., the ‘Ekoddiṣṭa’ śrāddha, which is performed every month, for one year, till the performance of the ‘Sapiṇḍīkaraṇa.’ Though the śrāddha performed on the new-moon day is also called a ‘monthly śrāddha,’ eating at it has been permitted by such texts as — ‘when invited he may freely eat’; how then could there be any expiation needed in this case?

Others have held that what is permitted is eating on invitation, so that if one eats without invitation at the new-moon śrāddhas also, he should be liable to the said expiation.

‘Who has not completed his course of study’ — i.e., while one is still residing with the teacher; i.e., the Religious Student.

Out of the three days, on any ono day, he may remain in water. Since the ‘three days’ are mentioned, there would be no justification for adding a fourth day. — (157)

 

Explanatory notes by Ganganath Jha:

‘Ekāhañcodāke vaset’. — This is to be done, on the fourth day (Medhātithi), — on any one of the three fasting days (Govindarāja and Kullūka), — on the first day (Nārāyaṇa).

This verse is quoted in Aparārka (p. 1144), which explains ‘Māsika’ as standing for the Śrāddha that is done every month during the first year on the date of death, and not for the Amāvāsyā śrāddha; — and in Prāyaścittaviveka (p. 307), which says that this refers to the act being unintentional, and adds that ‘māsikānnam’ refers to food given at all after-death śrāddhas, — and that what is meant by ‘ekāhamudake vaset’ is that ‘he should fast for three days and live on water on the fourth day.’

 

Comparative notes by various authors:

Vaśiṣṭha (23.12). — ‘The Kṛcchra penance must he performed if the Student eats food even at a Śrāddha, or by a person who is impure on account of a recent birth or death.’

Viṣṇu (51.43-44). — ‘A Student who partakes of a Śrāddha repast must fast for three days; and he must remain in water for a whole day afterwards.’

 

 

VERSE 11.158

Section XVII - Expiation for the Sin of taking Forbidden Food

 

ब्रह्मचारी तु योऽश्नीयान् मधु मांसं कथं चन ।
स कृत्वा प्राकृतं कृच्छ्रं व्रतशेषं समापयेत् ॥१५८॥

brahmacārī tu yo'śnīyān madhu māṃsaṃ kathaṃ cana |
sa kṛtvā prākṛtaṃ kṛcchraṃ vrataśeṣaṃ samāpayet ||158||

 

If a person keeping a vow happens, in any way, to eat honey or meat, he should perform the original Kṛcchra, and then complete the remainder of his vow. — (158)

 

Medhātithi’s commentary (manubhāṣya):

‘Person keeping a vow’ — i.e., one who is still in the stage of the Religious Student.

‘In any way’ — i.e., even in normal times; in abnormal times, when life is in danger, the eating of the two things has been permitted; so that there being nothing wrong in such eating, the present verse cannot he taken as laying down as an expiation for the same, thereby contradicting what has gone before. Hence what the meaning is that the expiation is necessary only under certain conditions, not always.

‘Original Kṛcchra’ — i.e., the Prājāpatya; which is called ‘original,’ because it forms the origin or archetype of all Kṛcchras.

‘He should complete the remainder of his vow’ — This shows that until the prescribed expiation has been performed, the man is not entitled to complete the vow. — (158)

 

Comparative notes by various authors:

Vaśiṣṭha, (23.11). — ‘If a Student eats meat which has been given to him as leavings, he shall perform the Kṛcchra penance of twelve days’ duration, and afterwards complete his vow.’

Viṣṇu (51.45). — ‘If a Student eats honey or meat at any time, he must perform the Prājāpatya penance.’

Yājñavalkya (3.282). — ‘If the Student eats honey or meat, he should perform the Kṛcchra penance, and then complete the rest of the vows.’

 

 

VERSE 11.159

Section XVII - Expiation for the Sin of taking Forbidden Food

 

बिडालकाकाखूच्छिष्टं जग्ध्वा श्वनकुलस्य च ।
केशकीटावपन्नं च पिबेद् ब्रह्मसुवर्चलाम् ॥१५९॥

biḍālakākākhūcchiṣṭaṃ jagdhvā śvanakulasya ca |
keśakīṭāvapannaṃ ca pibed brahmasuvarcalām ||159||

 

He who eats what has been left by a cat, a crow, a rat, a dog, or an ichneumon, — or food defiled by a hair or an insect, — shall drink the Brahmasuvarcalā herb. — (159)

 

Medhātithi’s commentary (manubhāṣya):

‘Ākhu’ — rat.

‘Defiled’ — rendered impure by the contact of the said things.

‘Brahmasuvarcalā’ — Having pounded it and mixed it with water, he shall drink it for one day; since the text does not make any specific recommendation as to time, if the drinking is done once one day, the injunction will have been duly obeyed. — (159)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 932), to the effect that on eating the ucchiṣṭa of the cat and other animals one should drink the Brāhmīsuvarcalā for one day; — in Prāyaścittaviveka (p. 320), which explains ‘Brāhmasuvarcalā’ as the yellow sun-flower, — the offender should pass one day living on this; — and adds that this refers to cases where the act is unintentional; where it is done intentionally, the penance should he kept for three days; — and in Śuddhikaumudī (p. 316).

 

Comparative notes by various authors:

Vaśiṣṭha (23.11). — (See above, 158.)

Viṣṇu (51.46-47). — ‘If any one eats the leavings of the food of a cat, of a crow, of an ichneumon, or of a rat, he must drink water in which Brahma-śūvarcalā has been boiled. For eating what has been left by a dog, he must fast for one day and then drink the five bovine products.’

 

 

VERSE 11.160

Section XVII - Expiation for the Sin of taking Forbidden Food

 

अभोज्यमन्नं नात्तव्यमात्मनः शुद्धिमिच्छता ।
अज्ञानभुक्तं तूत्तार्यं शोध्यं वाऽप्याशु शोधनैः ॥१६०॥

abhojyamannaṃ nāttavyamātmanaḥ śuddhimicchatā |
ajñānabhuktaṃ tūttāryaṃ śodhyaṃ vā'pyāśu śodhanaiḥ ||160||

 

If one desires his own purity, he should not eat improper food; when eaten unintentionally, it should be thrown out, or speedily atoned for by means of purifications. — (160)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse is purely reiterative; as what the verse lays down is the expiation for the unintentional eating of improper food

The meaning is that the food should be immediately vomited. Or ‘it should be atoned, for by means of purifications’ — i.e., expiations.

Others explain ‘purifications’ as standing for the Harītakī and such other purgatives; and they quote, in their support, the following from Gautama (23.23) — ‘For eating improper food, the bowels should be cleared of all refuse.’

This passage, however, does not support the said interpretation; as even fasting would clear the bowels of all ref use.

Hence the meaning must be that in the event of the man not vomiting the food, he should perform the prescribed expiations. — (160)

 

Explanatory notes by Ganganath Jha:

‘Śodhanaiḥ.’ — ‘Penances’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda); — ‘purgative decoctions’ (‘others’ in Medhātithi, Nārāyaṇa and Nandana).

This verse is quoted in Smṛtitattva (p. 548); — and in Prayaścittaviveka (p. 342).

 

Comparative notes by various authors:

Gautama (23.26). — ‘If he has eaten forbidden food, — he must throw it up and eat clarified butter.’

 

 

VERSE 11.161

Section XVII - Expiation for the Sin of taking Forbidden Food

 

एषोऽनाद्यादनस्योक्तो व्रतानां विविधो विधिः ।
स्तेयदोषापहर्तॄणां व्रतानां श्रूयतां विधिः ॥१६१॥

eṣo'nādyādanasyokto vratānāṃ vividho vidhiḥ |
steyadoṣāpahartṝṇāṃ vratānāṃ śrūyatāṃ vidhiḥ ||161||

 

Thus has the law relating to the penances for the eating of improper food been set forth; listen now to the law relating to the penances expiatory of the sins of theft. — (161)

 

Medhātithi’s commentary (manubhāṣya):

‘Of penances for the eating of improper food’ — i.e., of such food as should not be eaten.

Next follows the law relating to those penances that remove the sin of theft — (161)

 

 

VERSE 11.162 [Expiation for Theft (steya)]

Section XVIII - Expiation for Theft (steya)

 

धान्यान्नधनचौर्याणि कृत्वा कामाद् द्विजोत्तमः ।
स्वजातीयगृहादेव कृच्छ्राब्देन विशुध्यति ॥१६२॥

dhānyānnadhanacauryāṇi kṛtvā kāmād dvijottamaḥ |
svajātīyagṛhādeva kṛcchrābdena viśudhyati ||162||

 

If a chief of twice-born men intentionally commits theft of grains, cooked food and wealth, from the house of a caste-fellow, he becomes pure by performing the Kṛcchra for one year. — (162)

 

Medhātithi’s commentary (manubhāṣya):

‘Chief of twice-born men’ — This is only illustrative; it includes the Kṣatriya and the rest also; but inasmuch as the text has used the term ‘chief of twice-born men,’ the phrase ‘from the house of a caste-fellow’ is understood to signify from the house of a Brāhmaṇa. Hence the meaning comes to be this: — ‘Men of all castes, on stealing wealth from the house of a Brāhmaṇa, would become pure by performing the Kṛcchra for one year.’

The term ‘wealth’ including all kinds of property, ‘grains’ and ‘cooked food’ have been specially mentioned, for the purpose of indicating the better quality of grains; as for the stealing of grains of inferior quality, another expiation is going to be prescribed; from which it follows that what is here laid down applies to the stealing of the more important varieties of grains of superior quality.

“From among the various castes, if the Brāhmaṇa steals the property of other castes, what shall be the expiation?”

It shall be computed at the ‘fourth,’ the ‘eighth’ and other parts of what is here prescribed; just as we have found in the ease of murder (sec. 127). That is, when the Brāhmaṇa steals the property of a Kṣatriya, he shall perforin the Kṛcchra or three months; in the case of the property of a Vaiśya, for a month and a half, and in that of a Śūdra, for twenty-two days.

“What is the quantity of grains, the stealing of which would make one liable to the said expiation?”

More than, — or even a little less than — ten jarfuls. That such is the meaning is indicated by the heaviness of the expiation prescribed.

A similar computation may he made in regard to ‘wealth’ also.

‘Intentionally.’ — This is added only for the purpose of filling up the verse; as there can be no unintentional stealing of what belongs to another.

‘Grains’ — Vrīhi and the rest,

‘Cooked food’ — grains and meat

When every one of the three tilings is stolen, the Kṛcchra should be performed for three years.

Some people take the expiation here laid down as meant for the stealing of all the three things mentioned, on the ground that it is a very heavy one. — (162)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3. 265); — in Madanapārijāta (p. 874), which adds the following notes: — ‘Dhana’ stands for valuables other than gold, — ‘dvijottama,’ Brāhmaṇa, — his ‘svajāti’ is Brāhmaṇa; — this refers to cases where the Brāhmaṇa has stolen; — in Parāśaramādhava (Prāyaścitta p. 427); — and in Prāyaścittaviveka (p. 342), which explains ‘anna’ as cooked food, and ‘dhana’ as cattle.

 

Comparative notes by various authors:

Āpastamba (1.25.10). — ‘Those who have committed theft of gold, or drunk wine, or had connection with a guru’s wife, — hut not those who have slain a Brāhmaṇa, — shall eat, every fourth meal-time, a little food, bathe at the time of the three libations, passing the day standing and the night sitting. After the lapse of three years, they throw off their guilt.’

Viṣṇu (52.5). — ‘He who steals grains or valuable objects must perform the Kṛcchra for a year.’

 

 

VERSE 11.163

Section XVIII - Expiation for Theft (steya)

 

मनुष्याणां तु हरणे स्त्रीणां क्षेत्रगृहस्य च ।
कूपवापीजलानां च शुद्धिश्चान्द्रायणं स्मृतम् ॥१६३॥

manuṣyāṇāṃ tu haraṇe strīṇāṃ kṣetragṛhasya ca |
kūpavāpījalānāṃ ca śuddhiścāndrāyaṇaṃ smṛtam ||163||

 

For the stealing of men and women, of a field or a house, or the water of a well, or a tank, — the Cāndrāyaṇa has been declared to be the expiation. — (163)

 

Medhātithi’s commentary (manubhāṣya):

‘Men’ — slaves.

‘Women’ — slave girls.

‘Field’ — plot of land, where Vrīhi and other corns are grown.

The word ‘water’ is to be construed both with ‘wells and tanks.’ What is here laid down applies to a case where water has been drawn from the well or the tank and preserved in a cistern and such, other smaller reservoirs.

From the mention of ‘water’ here it follows that for the misappropriating of dry wells and tanks, there is another law.

‘Vāpī’ is a synonym for ‘taḍāga’ (tank). — (163)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.265), which notes that it refers to a case where the quantity of water stolen is such as could be obtained for 250 Panas; — and in Madanapārijāta (p. 876), which notes that this refers to the stealing of men belonging to Kṣatriya and other castes; the stealing of the Brāhmaṇa being regarded as on the same footing as the stealing of gold; — ‘vāpi’ and ‘kūpa’ have been added as qualifications for the purpose of excluding water contained in jars and other vessels. It quotes Aparārka as holding that the expiation here prescribed refers to the ‘stealing’ of tanks and wells full of water, — and also the above-mentioned remark of Mitākṣarā. It adds that this expiation is to be performed after the stolen article has been returned to the owner.

It is quoted in Prāyaścittaviveka (p. 344), which says that ‘manuṣya’ and ‘strī’ stand here for male and female slaves.

 

Comparative notes by various authors:

Viṣṇu (52.6). — ‘For stealing male or female slaves, a well or pool, or a field, — the Cāndrāyaṇa penance should be performed.’

 

 

VERSE 11.164

Section XVIII - Expiation for Theft (steya)

 

द्रव्याणामल्पसाराणां स्तेयं कृत्वाऽन्यवेश्मतः ।
चरेत् सान्तपनं कृच्छ्रं तन्निर्यात्यात्मशुद्धये ॥१६४॥

dravyāṇāmalpasārāṇāṃ steyaṃ kṛtvā'nyaveśmataḥ |
caret sāntapanaṃ kṛcchraṃ tanniryātyātmaśuddhaye ||164||

 

If one steals things of small value in the house of another, he should restore them; and for his own purification, he should perform the ‘Sāntapana Kṛcchra.’ — (164)

 

Medhātithi’s commentary (manubhāṣya):

‘Things of small value’ do not last long; and things of small value are such earthenware articles as a dish, a cup, and so forth, as also such wooden things as the ‘droṇa,’ the ‘āḍhaka’ and other weights; and such iron things as the spade, the shovel, and so forth.

‘In the house of another.’ — The stealing of things lying in the house is a serious offence; not so that of things lying in the field or in the courtyard.

‘Restored’ — given back. This pertains to all cases of theft, as it has not been qualified in any way.

In a case where it is not possible to restore what has been stolen, the expiation shall be the double of what is prescribed here. — (164)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.265), as referring to the stealing of such things of small value as tin, lead and the like, — which thus becomes excluded from the expiation prescribed for ‘theft’ in general; — and in Madanapārijāta (p. 874), as referring to the stealing of lead, tin and other things worth less than 25 Paṇas.

 

Comparative notes by various authors:

Viṣṇu (42.7). — ‘For stealing articles of small value, the Sāntapana penance should he performed.’

 

 

VERSE 11.165

Section XVIII - Expiation for Theft (steya)

 

भक्ष्यभोज्यापहरणे यानशय्याऽऽसनस्य च ।
पुष्पमूलफलानां च पञ्चगव्यं विशोधनम् ॥१६५॥

bhakṣyabhojyāpaharaṇe yānaśayyā''sanasya ca |
puṣpamūlaphalānāṃ ca pañcagavyaṃ viśodhanam ||165||

 

For the stealing of eatables and edibles, of a conveyance or a bed, or a seat, or of fruits, roots and flowers, — the expiation consists of the Five Products of the cow. — (165)

 

Medhātithi’s commentary (manubhāṣya):

‘Conveyance’ — the cart and such things.

‘Bed’ — the bedstead, and so forth.

‘Seat’ — the mat, the stool, or wooden slab.

‘Eatables and edibles.’ — The distinction between the two should be understood to be this that while one stands for what is dry and scattered, the other stands for the reverse; — ‘eatables`’ standing for such things as sweetmeats, cakes and the like and ‘edibles’ for barley-gruel and such things.

‘Five Products of the Cow’ — These are well-known.

Here also what is mentioned should be eaten for one day only. — (165)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.265), as referring to cases where the quantity of food stolen is just enough for one meal; — and in Madanapārijāta (p. 875), which has the same note, and adds that, in as much as the ‘conveyance’ and other things have been mentioned in the same context, these also should he understood to be of just that value which would be equivalent to the value of a single meal.

 

Comparative notes by various authors:

Viṣṇu (52.8). — ‘For stealing sweet-meats, food, drinks, a bed, a seat, flowers, roots or fruits, the drinking of the five bovine products has been ordained.’

 

 

VERSE 11.166

Section XVIII - Expiation for Theft (steya)

 

तृणकाष्ठद्रुमाणां च शुष्कान्नस्य गुडस्य च ।
चेलचर्मामिषाणां च त्रिरात्रं स्यादभोजनम् ॥१६६॥

tṛṇakāṣṭhadrumāṇāṃ ca śuṣkānnasya guḍasya ca |
celacarmāmiṣāṇāṃ ca trirātraṃ syādabhojanam ||166||

 

There should be fasting for three days, in the case of stealing grass, wood, trees, dry food, molasses, clothes, leather and meat. — (166)

 

Medhātithi’s commentary (manubhāṣya):

The expiation here laid down is for the stealing of grass and other things, in such quantities, as would be more valuable than the ‘conveyance’ and other things mentioned in the preceding verse,

‘Wood’ — hot made into any article. That this is what is meant follows from its occurring along with ‘trees.’

‘Druma’ is tree.

‘Dry food’ — either rice, or fried barley.

‘Molasses.’ — This stands for things made of molasses; so that sugarcandy and other sweetmeats become included.

‘Caila’ is cloth; — i.e., of large quantities of valuable cloth.

The expiation here laid down is an optional alternative to the Kṛcchra that would be necessary in accordance with what is laid down in Verse 163, where the stealing of ‘wealth’ (which includes cloth) has been dealt with.

‘Leather’ stands here for armour.

‘Māṃsa’ — meat. — (166)

 

Explanatory notes by Ganganath Jha:

This is quoted in Mitākṣarā (3.265), which adds that since the expiation here prescribed is thrice as heavy ns that prescribed in the proceeding verse, the ‘grass’ and other things mentioned here should be taken to be of that quantity which would be obtainable at a price three times that of the single meal.

It is quoted in Aparārka (p. 1110), which notes that this refers to the stealing of ‘grass’ and other things whose value is three times that of the single meal of one man; — in Madanapārijāta (p. 875); — and in Prāyaścittviveka (p. 345), which explains ‘Śuṣkānna’ as ‘rice &c.’, and adds that the ‘two days penance’ is for stealing grains sufficient for two meals, for stealing more than that, there should be heavier expiation.

 

Comparative notes by various authors:

Viṣṇu (52.9). — ‘For stealing grass, firewood, trees, rice in the husk, sugar, clothes, skins, or flesh, — the thief must fast for three days.’

 

 

VERSE 11.167

Section XVIII - Expiation for Theft (steya)

 

मणिमुक्ताप्रवालानां ताम्रस्य रजतस्य च ।
अयः।कांस्यौपलानां च द्वादशाहं कणान्नता ॥१६७॥

maṇimuktāpravālānāṃ tāmrasya rajatasya ca |
ayaḥ |kāṃsyaupalānāṃ ca dvādaśāhaṃ kaṇānnatā ||167||

 

In the case of the stealing of gems, pearls, corals, copper, silver, iron, bronze and stone, one should subsist, for twelve days, on pieces of grain. — (167)

 

Medhātithi’s commentary (manubhāṣya):

There is to be reduction in time, according to the greater or smaller quantity of the things stolen, as also according as the offence is the first one or a repetition. — (167)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.265), which adds that, inasmuch as the expiation is twelve times as heavy as that prescribed in 165, the articles mentioned should he understood to be twelve times the value of the single meal in Madanapārijata (p. 875), which makes the same remark; — in Nṛsiṃhaprasāda (Prāyaścitta 74a); — and in Prāyaścittaviveka (p. 341), which explains ‘Kaṇānnatā’ as ‘living on small pieces of grain’.

 

Comparative notes by various authors:

Viṣṇu (52.10). — ‘For stealing precious stones, pearls or coral, copper, silver, iron or white copper, — one must eat grain separated from the husk for twelve days.’

 

 

VERSE 11.168

Section XVIII - Expiation for Theft (steya)

 

कार्पासकीटजोर्णानां द्विशफेकशफस्य च ।
पक्षिगन्धौषधीनां च रज्ज्वाश्चैव त्र्यहं पयः ॥१६८॥

kārpāsakīṭajorṇānāṃ dviśaphekaśaphasya ca |
pakṣigandhauṣadhīnāṃ ca rajjvāścaiva tryahaṃ payaḥ ||168||

 

In the case of cotton, silk, wool, an animal with cleft hoofs, an animal with uncleft hoofs, a bird, perfumes, medicinal herbs, and a rope, — milk shall be drunk for three days. — (168)

 

Medhātithi’s commentary (manubhāṣya):

‘Kīṭaja,’ ‘produced from worms,’ stands for silks.

‘Animals with cleft hoofs’ — such as the cow and the rest.

‘Animals with uncleft hoofs’ — such as the horse and the rest.

‘Birds’ — parrots, hawks, and so forth.

‘Rope’ — used for pulling water out of wells. — (168)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijātā (p. 875); — and in Mitākṣarā (3.265), which notes that, since the expiation is thrice as heavy as that prescribed in 165, it should he understood as referring to the stealing of the things mentioned, when their value is three times that of the single meal.

 

Comparative notes by various authors:

Viṣṇu (62.11, 13). — ‘For stealing cotton, silk, wool or other stuffs, he should subsist on milk for three days. For stealing birds or perfumes or medicinal herbs, or cords, or basket-work, — he must fast for one day.’

 

 

VERSE 11.169

Section XVIII - Expiation for Theft (steya)

 

एतैर्व्रतैरपोहेत पापं स्तेयकृतं द्विजः ।
अगम्यागमनीयं तु व्रतैरेभिरपानुदेत् ॥१६९॥

etairvratairapoheta pāpaṃ steyakṛtaṃ dvijaḥ |
agamyāgamanīyaṃ tu vratairebhirapānudet ||169||

 

By means of these penances, the twice-born man shall remove the sin caused by theft; that due to approaching women who should not be approached, he shall expiate by these (following) penances. — (169)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse is quite clear. — (169)

 

 

VERSE 11.170 [Expiation for Wrongful Sexual Intercourse]

Section XIX - Expiation for Wrongful Sexual Intercourse

 

गुरुतल्पव्रतं कुर्याद् रेतः सिक्त्वा स्वयोनिषु ।
सख्युः पुत्रस्य च स्त्रीषु कुमारीष्वन्त्यजासु च ॥१७०॥

gurutalpavrataṃ kuryād retaḥ siktvā svayoniṣu |
sakhyuḥ putrasya ca strīṣu kumārīṣvantyajāsu ca ||170||

 

If one has had sexual intercourse with his uterine sister, or with the wife of his friend, or of his son, or with an unmarried maiden, or with a lowest-born woman, — he should perform the penance prescribed for the ‘violation of the Preceptor’s Bed.’ — (170)

 

Medhātithi’s commentary (manubhāṣya):

Even though the text speaks generally of ‘the penance prescribed for the violation of the Preceptor’s Bed,’ without any qualifications, yet it does not mean the application to the present case of what has been said regarding ‘sleeping on a redhot iron-bedstead,’ and so forth (under Verse 104); what it does mean, however, is the performing for one year of the ‘Prājāpatya penance,’ which has been laid down in Verse 106. That such must be the meaning is clear from the fact that the violating of the Preceptor’s Bed is a ‘heinous offence’; and apart from the ‘heinous offences,’ there is no penance leading to death; though there may be this in cases of repetition (of non-heinous offences also).

‘Svayoni’ — uterine sister.

‘Wife of a friend.’ — The consort of a loving friend; what constitutes the seriousness of this offence is the affectionate regard of the friend, and not any blood-relationship, nor any such qualification of the husband as Vedic learning and the like.

Similarly in the case of ‘the wife of his son’ — the daughter-in-law.

‘Unmarried maiden’ — of other castes also. This is meant to refer to intercourse with those who have not yet been given away by their fathers, and who have not surrendered themselves through love, — the intercourse being entirely by force.

In connection with this also, the exact penance shall be regulated by several considerations. Though the text has added no qualifications to the general application of the law relating to the ‘violation of the Preceptor’s bed,’ yet in any two cases there may be two distinct penances, as is actually found to be the case. For instance, on account of the comparative heaviness or lightness of the offence, there would, in the case of women of the lower castes, be the performance of the Cāndrāyaṇa for three months, which would be lighter than that of the Kṛcchra for one year (which would have to be done in the case of other women).

‘Lowest-born ’ — Caṇḍāla and Mleccha women. In the case of Caṇḍāla women, a distinction in the penance has to be made on the ground of the act being intentional or unintentional, — as is clear from other Smṛti texts. For instance, in the case of women of the ‘antyāvasāya’ caste, the penance would be a ‘Half-Kṛcchra,’ while in others, it would be one lasting for twelve days. — (170)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 544); — in Parāśaramādhava (Prāyaścitta, p. 252), as referring to cases where the act is repeated for one month; — and again on p. 264, where it says that it refers to cases of repeated acts when unintentional, but a single act when intentional; — also in Prāyaścittaviveka (pp. 181 and 187), which says that this refers to cases other than those where the intercourse has been within the forbidden circle, — it explains ‘Svayoniṣu’ as ‘one’s own paternal and maternal relatives’ — ‘antyajāṣu’ as ‘Chaṇḍāla women — and ‘Gurutalpavratam’ as the ‘twelve years penance.’

 

Comparative notes by various authors:

(verses 11.170-171)

(See text under 49, above.)

Gautama (23.12, 13, 32). — ‘The guilt of one who has intercourse with the wife of a friend, a sister, a female belonging to the same family, the wife of a pupil, a daughter-in-law, — or with a cow — is as great as that of him who violates the Guru’s bed. Some people declare the guilt of such a person to be equal to that of a Student who breaks the vow of continence. For intercourse with a female of one of the lowest castes, one shall perform a Kṛcchra penance during one year.’

Baudhāyana (2.2.13-14). — ‘Intercourse with females who must not be approached, cohabitation with the female friend of a female Guru, with the female friend of a male Guru, with an Apapātra woman, or with a female outcast,......... the expiation is to live like an outcast for two years.’

Vaśiṣṭha (20.15-16). — ‘The expiation for intercourse with the wife of a teacher, of a son, or of a pupil is that, having shaved all his hair and smeared his body with clarified butter, the man shall embrace the heated iron-image of a woman. If he has had intercourse with a female considered venerable in the family, with a female friend, with the female friend of a Guru, with an Apapātra female, or with an outcast, — he shall perform the Kṛcchra penance for three months.’

Viṣṇu (34.1-2). — ‘Sexual connection with one's mother, or daughter, or daughter-in-law are crimes of the highest degree. Such criminals of the highest degree should proceed to the flames; there is no other way of atoning for their crime.’

Do. (53.1), — ‘One who has had illicit sexual intercourse must perform the Prājāpatya penance for one year, — according to the rule of the Mahāvrata, clad in a garment of bark and living in a forest.’

Yājñavalkya (3.231-232). — ‘Intercourse with a friend’s wife, a maiden, a uterine sister, with women of the lowest castes, with women of the same gotra, with a daughter-in-law, — is declared to be as heinous as that of violating the Guru’s bed. A man who has intercourse with his father’s sister, or mother's sister, or maternal aunt, or daughter-in-law, or step-mother, or sister, or his preceptor’s daughter, or his preceptor’s wife, or his own daughter, — is a violator of the Guru’s bed; he should have his organ cut off and killed; so also the woman who fell in love with him.’

 

 

VERSE 11.171

Section XIX - Expiation for Wrongful Sexual Intercourse

 

पैतृस्वसेयीं भगिनीं स्वस्रीयां मातुरेव च ।
मातुश्च भ्रातुस्तनयां गत्वा चान्द्रायणं चरेत् ॥१७१॥

paitṛsvaseyīṃ bhaginīṃ svasrīyāṃ mātureva ca |
mātuśca bhrātustanayāṃ gatvā cāndrāyaṇaṃ caret ||171||

 

On having had intercourse with one’s sister born of his father’s sister, or of his mother’s sister, or of his mother’s full brother, — one should perform the Cāndrāyaṇa. — (171)

 

Medhātithi’s commentary (manubhāṣya):

‘Sister born of the father’s sister’ — is the daughter of the father’s sister; similarly the daughter of the mother’s sister.

‘Mother’s brother’ — maternal uncle.

‘Full’ — uterine. — (171)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 714); — in Nirṇayasindhu (p. 198); — in Vidhānapārijāta (p. 691); — and in Parāśaramādhava (Ācāra, p. 470), which has the following notes: — ‘The term ‘bhaginī’ qualifies ‘paitṛṣvaseyī’ and the rest, — ‘āptasya’ qualifies ‘the mother’s brother’, after which ‘daughter’ is to be understood; ‘āptasya’ means ‘Sapiṇḍa’; the ‘mother’ is one who has been married by the ‘gāndharva’ and other forms of marriage; — in the term ‘paitṛṣvaseyī’ also the ‘pitṛṣvasā’, ‘father’s sister’ meant is one who is still within the limits of ‘Sapiṇḍa’ relationship, and who had been married by the Gāndharva form; — it is only when the term is taken in this sense that the qualification ‘bhaginī’ has some significance.

It is quoted in Nṛsiṃhaprasāda (Saṃskāra 52a); — and in Smṛticandrikā (Saṃskāra, p. 187), which explains ‘āptasya’ (which is its reading for ‘tanayām’) as ‘a near sapiṇḍa’.

 

Comparative notes by various authors:

(verses 11.170-171)

(See text under 49, above.)

See Comparative notes for Verse 11.170.

 

 

VERSE 11.172

Section XIX - Expiation for Wrongful Sexual Intercourse

 

एतास्तिस्रस्तु भार्यार्थे नोपयच्छेत् तु बुद्धिमान् ।
ज्ञातित्वेनानुपेयास्ताः पतति ह्युपयन्नधः ॥१७२॥

etāstisrastu bhāryārthe nopayacchet tu buddhimān |
jñātitvenānupeyāstāḥ patati hyupayannadhaḥ ||172||

 

A wise man should never take these three as his wife; being blood-relations, they are not fit to be married; because by marrying them one sinks low. — (172)

 

Medhātithi’s commentary (manubhāṣya):

“The unmarriageability of these being already implied by the law that no ‘sapiṇḍa’ relation shall be wedded, for what special purpose does the present text assert that they are not fit to be married?”

Some people offer the following explanation: — It is asserted here with a view to permit the option of marrying such relations other than these three as have been precluded on the ground of Sapiṇḍa-relationship.

This, however, is not right Because the present text is meant to lay down the expiation necessary in the case of these three, which is different from that in the case of other Sapiṇḍa relations; and so long as this explanation of the text is possible, it would be highly improper to reject, even partially, the injunctions of the text forbidding the marrying of all ‘Sapiṇḍa relations’; options are admitted only when they cannot be avoided.

‘Jñāti’ — blood-relation.

‘Not fit to be married’ — not fit to be wedded, or for intercourse.

‘Marrying’ — wedding.

‘Sinks low’ — that is, he falls into hell; or it may mean that he becomes degraded in caste, comes to belong to a lower caste. Though in reality, a man’s caste cannot leave him so long as his body lasts, yet what is meant is that he ceases to be entitled to the performance of his caste-functions. — (172)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 714); — in Nirṇayasindhu (p. 198); — the first half in Parāśaramādhava (Ācāra, p. 470).

This verse is quoted in Smṛticandrikā (Saṃskāra,. p. 187).

 

Comparative notes by various authors:

Baudhāyana (2.1.37-38). — ‘If he unintentionally marries a female belonging to the same Gotra as himself he shall support her, treating her as his mother. If such a woman has borne a child, he shall perform the Kṛcchra penance during three months and pour two oblations into the fire.’

 

 

VERSE 11.173

Section XIX - Expiation for Wrongful Sexual Intercourse

 

अमानुषीषू पुरुष उदक्यायामयोनिषु ।
रेतः सिक्त्वा जले चैव कृच्छ्रं सान्तपनं चरेत् ॥१७३॥

amānuṣīṣū puruṣa udakyāyāmayoniṣu |
retaḥ siktvā jale caiva kṛcchraṃ sāntapanaṃ caret ||173||

 

A man who has had sexual intercourse with nonhuman females, or with a menstruating woman, — and he who has discharged his semen in a place other than the female organ, or in water, — should perporm the ‘Sāntapana Kṛcchra.’ — (173)

 

Medhātithi’s commentary (manubhāṣya):

‘Non-human females’ — the mare and the like.

Though the cow also is ‘non-human,’ yet in connection with it, a distinct expiation has been laid down by Gautama (23. 12-13). — ‘For intercourse with a friend, a sister, a woman of the same gotra, the wife of the pupil, the daughter-in-law, and the cow, the expiation shall be equal to that for the violation of the Preceptor’s bed, or that for the immoral religions student.’ Between the two optional alternative expiations laid down by Gautama, viz., that prescribed for violating the Preceptor’s bed and that for the immoral religious student, — one has to be taken as pertaining to cases where the act has been intentional, and the other to those in which it has been unintentional.

In Gautama’s text, the term used is simply ‘talpa’ (bed), which, in view of the context in which it occurs, must be taken as standing for the ‘gurutalpa’ (Preceptor’s Bed); — and the term ‘avakara’ should be taken as standing for ‘avakīrṇa’ ‘Immorality,’ which, being the cause of the expiation, indicates the expiation itself. The word ‘sakhī’ (friend) in Gautama’s text stands for a woman with whom friendship has been contracted in the same-manner as with men; and it does not mean ‘the wife of a friend’; since the feminine affix here does not denote relation to the corresponding masculine; nor can this term be construed with the term ‘wife’ (coming later); since between the two we have the term ‘sayoni’ (sister). Vaśiṣṭha also uses the term in the same sense in the passage — ‘Gurvī, sakhī, eta’

‘Menstruating woman’ — the woman who is in her monthly courses.

Another reading is ‘pītvādharam puruṣaḥ, etc.’ The sense remains the same.

‘Ayoni’ — a place other than the female organ.

Some people read (for ‘jale chaiva’) ‘jale khe ca’ [which means ‘in water and in Ākāśa’].

‘The Ākāśa being already included in the term ‘ayoni,’ ‘places other than the female organ,’ — it need not be mentioned (by means of the word ‘khe’); as ‘kha’ stands for Ākāśa, which certainly is ‘a place other than the female organ.’ There is no force in this objection. As some people think that the presence of the term ‘yoni’ (in the compound term ‘ayoni’) indicates that the term stands for other parts of the ‘body’ [and under this view, the mention of Ākāśa would not be superfluous].

‘In water’ — directly. — (173)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1149), as referring to the act done intentionally and repeatedly; — and in Parāśa ramādhava (Prāyaścitta, p. 272).

 

Comparative notes by various authors:

(verses 11.173-174)

Gautama (22.36). — ‘For committing a bestial crime, excepting in the case of a cow, he shall offer an oblation of clarified butter, reciting the Kūṣmāṇḍa texts.’

Gautama (23.34). — ‘For connection with a woman during her courses, one should perform the Kṛcchra penance for three days.’

Āpastamba (1.26.7). — ‘He who has been guilty of conduct unworthy of an Aryan, of calumniating others,...... of connection with a Śūdra woman, of an unnatural crime, — shall bathe and sprinkle himself with water, reciting the seven verses addressed to Apas in proportion to the frequency with which the crime has been committed.’

Viṣṇu (53.4, 7). — ‘For intercourse with a man, for unnatural crime with a woman, for wasting one’s manhood in the air, or in water, or during the day, or in a go-cart, — one must bathe in his clothes. For intercourse with cattle, or a public prostitute, one must perform the Prājāpatya penance.’

Yājñavalkya (3.288). — ‘One who has intercourse with a woman in her courses, should, at the end of a three days’ fast, eat clarified butter and thereby purify himself.’

Do. (3.291). — ‘If one has intercourse with a woman during the day, one should bathe and perform Breath-suspension.’

 

 

VERSE 11.174

Section XIX - Expiation for Wrongful Sexual Intercourse

 

मैथुनं तु समासेव्य पुंसि योषिति वा द्विजः ।
गोयानेऽप्सु दिवा चैव सवासाः स्नानमाचरेत् ॥१७४॥

maithunaṃ tu samāsevya puṃsi yoṣiti vā dvijaḥ |
goyāne'psu divā caiva savāsāḥ snānamācaret ||174||

 

If a twice-born man commits an unnatural offence with a male, or has intercourse with a female, in an ox-cart, or in water, or during the day, — he should take a bath along with his clothes. — (174)

 

Medhātithi’s commentary (manubhāṣya):

In the case of such sexual intercourse, there should be immediate bath, with all the clothes on; — when it is committed in an ox-cart, or in water. — (174)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 276); — and in Prāyaścittaviveka (p. 369).

 

Comparative notes by various authors:

(verses 11.173-174)

See Comparative notes for Verse 11.173.

 

 

VERSE 11.175

Section XIX - Expiation for Wrongful Sexual Intercourse

 

चण्डालान्त्यस्त्रियो गत्वा भुक्त्वा च प्रतिगृह्य च ।
पतत्यज्ञानतो विप्रो ज्ञानात् साम्यं तु गच्छति ॥१७५॥

caṇḍālāntyastriyo gatvā bhuktvā ca pratigṛhya ca |
patatyajñānato vipro jñānāt sāmyaṃ tu gacchati ||175||

 

If a Brāhmaṇa unintentionally approaches a woman of the Caṇḍāla or other lowest-born castes, — or eats her food, or receives her presents, — he becomes an outcast; but if he does it intentionally, he becomes her equal. — (175)

 

Medhātithi’s commentary (manubhāṣya):

There is expiation for approaching, for eating the food of, and accepting gifts from, women of the ‘Caṇḍāla’ caste, as also of the ‘Mleccha’ tribes inhabiting the boundaries of the land.

‘Becomes an outcast.’ — All that this means is that the expiation shall be heavier than the ‘performance of the Kṛcchra for one year,’ — and not that the man actually becomes an outcast.

The partaking of the ‘food’ has been mentioned here for the purpose of indicating that the expiation in this case shall be the ‘performance of the Kṛcchra for one year,’ and not that which has been laid down in connection with ‘the eating of the food of persons whose food should not be eaten’ (Verse 152).

Similarly the ‘receiving of gifts’ also has been mentioned here for the purpose of indicating the said Kṛcchra as the expiation, and not ‘the drinking of milk in a cow-pen for a month’ (which is going to be prescribed in Verse 194 below).

‘If he does it intentionally, he becomes her equal.’ — This is only a declamatory assertion intended to lay down an expiation. What has been asserted in another Smṛti text regarding the expiation for the intentional and unintentional act, has already been explained; how then could it be taken as meant to imply a heavier expiation?

‘Saving taken food.’ — “With what is this to be construed?”

With the term ‘Caṇḍāla or other lowest-born caste!

“But this term is the subordinate factor in the compound (‘Caṇḍalāntyastriyaḥ,’ where ‘strī,’ ‘woman,’ is the predominant factor).”

It has been often shown that a subordinate factor also may be construed with other words, when the sense demands it. The text having said ‘having taken the food,’ — and the question arising as to whose food is meant, — as no one else is mentioned in the text, it naturally follows that it has to be taken with‘the Caṇḍāla and other lowest-born castes.’ The sense thus comes to be this — ‘If one eats the food of the Caṇḍāla and the Mleccha, — and if he receives gifts from them, — and approaches their women, etc., etc.’

The expiation here laid down is for approaching the woman only once. In the event of the act being repeated, the offender must become ‘equal’ to the woman, on account of his being disqualified (from all the privileges of his own caste). The sin of the repeated acts could not be atoned for by means of expiations; for every cause would have its effect; and all the expiatory rites — necessary for the atoning of the sin of the repeated acts — could not be performed during a single life-time.’ — (175)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 348), which adds the following notes: — By doing the act unintentionally the man ‘falls’, ‘patati’, i.e., becomes sinful; hence the repetition of the act involves the ‘Twelve Years’ Penance — when done intentionally, the act makes the man turn into the same caste; hence the repetition of this would involve expiation by death; which however applies only to the act repeated during a long period of time.

It is quoted in Aparārka (p. 1121), which notes that the said ‘equality’ involves expiation by death; — in Smṛtitattva (p. 543); — in Parāśaramādhava (Prāyaścitta, p. 88), as referring to eases of intentional continuation of the act for a long time; — and in Prāyaścittaviveka (pp. 160, 187, 258, 412), which says that this prescribes the ‘Twelve Years’ Penance’ for the unintentional eating of the Caṇḍāla’s food; — that the accepting of gifts also that is meant is twenty-four unintentional repetitions of the acceptance.

 

Comparative notes by various authors:

Viṣṇu (53.5, 6). — ‘By intentional intercourse with a Caṇḍāla woman, he becomes her equal in caste; for intercourse unawares with such, he must perform the Cāndrāyaṇa twice.’

Do. (53.9). — ‘That guilt which a Brāhmaṇa incurs by intercourse with a Caṇḍāla woman for one night he can remove only by subsisting on alms and constantly repeating the Gāyatrī for three years.’

Baudhāyana (2.4.14). — ‘They quote the following: — “A Brāhmaṇa who unintentionally approaches a female of the Caṇḍāla caste, eats food given by a Caṇḍāla, or receives presents from him, becomes an outcast. But if he does it intentionally, he becomes equal to a Caṇḍāla.”’

Do. (2.4.13). — ‘The rule regarding intercourse with a woman of the Caṇḍāla caste is that the man should perform the penance of Atikṛcchra and Cāndrāyaṇa.’

Vaśiṣṭha (23.41). — ‘The penance for intercourse with a woman of the Caṇḍāla caste is that he shall subsist during a -month on water only and constantly repeat the Śuddhavatī verses; — or he may go to bathe with the priests at the conclusion of the Aśvamedha sacrifice.’

 

 

VERSE 11.176

Section XIX - Expiation for Wrongful Sexual Intercourse

 

विप्रदुष्टां स्त्रियं भर्ता निरुन्ध्यादेकवेश्मनि ।
यत् पुंसः परदारेषु तच्चैनां चारयेद् व्रतम् ॥१७६॥

vipraduṣṭāṃ striyaṃ bhartā nirundhyādekaveśmani |
yat puṃsaḥ paradāreṣu taccaināṃ cārayed vratam ||176||

 

If the wife is particularly corrupt, her husband should keep her confined in one room, and should make her perform that penance which has been prescribed for males in cases of adultery. — (176)

 

Medhātithi’s commentary (manubhāṣya):

If she is ‘particularly corrupt the husband should keep her confined’ — i.e., keep her away from all the duties of a wife’ such as ‘the collecting of wealth’ and so forth (described under 9.11).

‘In one room’ — i.e., she should be kept in chains, and should not be permitted to roam about at will in her husband’s house.

While thus confined, she should be made to perform the necessary expiation.

“What expiation?”

‘That penance which, has been prescribed for males in cases of adultery’ — that is, in the case of a Brāhmaṇa, adultery, when committed upon a woman of equal or inferior castes, is to be treated as a ‘minor offence,’ which involves the corresponding expiation. So also in the case of men of other castes; but when these latter commit the act on a woman of a superior caste, the expiation for the Vaiśya shall be double; it shall be triple in the case of a Kṣatriya misbehaving with a Brāhmaṇa woman. But for a Vedic scholar, the expiation shall be trebled; — when a Śūdra misbehaves with a Brāhmaṇa woman, the expiation is that which has been prescribed for ‘heinous offences’; — when a Vaiśya misbehaves with a Kṣatriya woman, it is to be treated as a ‘minor offence.’ All this distinction has been explained under ‘Punishments,’ The rules regarding women misbehaving with men of inferior castes shall be the same as those relating to men misbehaving with women of superior castes.

But though the offence may be equal, the corresponding expiation for women shall be only half (of what is prescribed for males); — ‘women and sick men, boys up to the sixteenth year of age and men after or beyond the eightieth year are subject to only one-half of the prescribed expiation’ — says a text

The expiation is lighter in the case of a woman whose unchastity is well known. For instance, if one misbehaves with an unchaste low-caste woman, he should bathe along with his clothes and give a water-jar to a Brāhmaṇa; and if with a similar Vaiśya woman, he should take food at the fourth meal-time and feed Brāhmaṇas; if with a Kṣatriya woman, he should fast for three days and should give a yavāṭaka. It has also been declared that he may be treated like a Vaiśya. The same should be understood to be the case with the wife of a Śūdra. In connection with people having intercourse with women during their courses or bringing about their conception, it has been declared that — ‘if women of the Brāhmaṇa, Kṣatriya and Vaiśya castes, have intercourse with a Śūdra, they could be purified by expiations, if they have not conceived, — not otherwise.’

In the case of women who have not been wedded by any one, and live by prostitution, it is doubtful whether or not an expiation is necessary for having intercourse with them.

“Why should there be any such doubt?”

Because the term ‘dāra,’ ‘wife,’ connotes consecration (a woman who has passed through the sacrament of marriage); and when no marriage has been performed, the woman cannot be called any one’s ‘wife and expiations are necessary only in the case of intercourse with the ‘wife’ of another person. This would lead us to the conclusion that in the case in question no expiation is needed. On the other band, since it has been laid down that ‘one should remain attached to his own wife,’ we think that there should be expiation in the case in question (as it involves infidelity to one’s own wife).

“What then is the right view on this point?”

The right view is that expiation is necessary.

“Why so?”

Because the restriction (that one should he devoted to his own wife) has been directly enjoined, and expiation has been declared to be necessary in the case of one’s omitting to do what has been enjoined (11.41). Even though the offence may not fall under the category of ‘minor offences,’ yet that does not mean that there is to be no expiation. The various kinds of offences — ‘minor offences,’ ‘offences leading to loss of caste,’ and so forth — have been enumerated, not by way of an exhaustive list (of offences requiring expiation), but only for the purpose of indicating the necessary expiations. The condition common to all offences has been summed up as — ‘omitting to do what is enjoined, etc., etc.’ (11.44). The ease of the ‘wanton’ woman has been already explained, and the prostitute also is an ‘unchaste woman.’

“As a matter of fact, only that woman is to be called ‘another’s wife,’ ‘paradāra’ (in connection with the present context) who has intercourse with the paternal or maternal relations of her husband; and such women become known as ‘wanton,’ when they have intercourse with several men.”

True; but to the prostitute also, the term ‘svairiṇī,’ ‘wanton,’ is applicable on the basis of her wantonness or want of self-control.

Hence in the case of these, there should he both, bathing along with clothes, and also the giving of a water-jar.

In connection with adultery some people hold the following opinion — The avoiding of sexual intercourse is of the nature of a vow, and as such pertains, not to all men, but to the Accomplished Student; as it is in reference to him that the texts have set forth the section beginning with the words‘now his vow,’ and ending with — ‘these vows he shall keep.’ — (176)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Mitākṣarā (1.70), and again under 3.265, as laying down the ‘Three Years’ Penance’ and such other penances for the woman’s offence of adultery with a man of the higher caste; — and in Aparārka (p. 98); — and the first half is quoted in Parāśaramādhava (Prāyaścitta, p. 285), which explains that the first half of the verse lays down what is to be done by the husband of the offending woman, and the second half what is to be done by the woman herself; — and in Prāyaścittaviveka (p. 370), which says that the meaning is that the husband should keep her in a room, without toilet or bath, meanly dressed, sleeping on the ground, with food just enough to keep her alive, — all this till her next menstruation.

 

Comparative notes by various authors:

(verses 11.176-177)

Mahābhārata (12.165.63). — ‘If one’s wife has misbehaved, she shall be kept confined, and made to perform the same penance that has been prescribed for the man committing adultery.’

Viṣṇu (53.8). — ‘A woman who has committed adultery once must perform that penance which has been prescribed for the adulterer.’

Paribhāṣā (Aparārka, p. 1124). — ‘For women and invalids, the expiatory penances are only half of what has been prescribed for men.’

Bṛhaspati (Do., p. 1124). — ‘The woman who commits adultery should perform that same penance which men perform for the guilt of having intercourse with women of the same caste...... If the act has been committed without the woman’s consent, her husband shall keep her guarded in the house, clad in dirty clothes, sleeping on the ground, and subsisting on food given to her just enough to keep her alive; and he should have the expiatory penances of Kṛcchra and Parāka performed by her.’

Uśanas (Do., p. 1125). — ‘If a man’s wife has misbehaved, he should keep her clad in inferior clothes, with all her authority taken away from her; and she should he made to perform either the Cāndrāyaṇa or the Prājāpatya.’

Saṃvarta (Do.). — ‘If a woman has been ravished by force, with her heart burning with shame, she becomes purified by performing the Prājāpatya; there is no other purification for her.’

Ṛṣyaśṛṇga (Do.). — ‘If a woman has been ravished by force by a man of her own caste, her expiation shall consist of fasting for three days.’

Gautama (Do.) — ‘A misbehaved woman shall be kept guarded and receive mere subsistence.’

 

 

VERSE 11.177

Section XIX - Expiation for Wrongful Sexual Intercourse

 

सा चेत् पुनः प्रदुष्येत् तु सदृशेनोपमन्त्रिता ।
कृच्छ्रं चान्द्रायणं चैव तदस्याः पावनं स्मृतम् ॥१७७॥

sā cet punaḥ praduṣyet tu sadṛśenopamantritā |
kṛcchraṃ cāndrāyaṇaṃ caiva tadasyāḥ pāvanaṃ smṛtam ||177||

 

If she happens to be corrupted again, on being solicited by a man of equal caste, — then the Kṛcchra and the Cāndrāyaṇa would be the means prescribed for her purification. — (177)

 

Medhātithi’s commentary (manubhāṣya):

‘On being solicited’ by a man of equal caste, — if she happens to have sexual intercourse again, then, inasmuch as this would be a ‘minor offence,’ the ‘Cāndrāyaṇa’ would be the natural expiation for her. Even so, the Cāndrāyaṇa has been mentioned again in the present verse, in order to imply that the other expiations prescribed for ‘cow-killing’ (which is a typical ‘minor offence’) are not applicable in the present case, — and also that the complete Cāndrāyaṇa has to be performed.

Though the latter half of the verse would seem to imply that ‘intercourse with all women apart from one’s own wife involves the same expiation,’ yet as a matter of fact, such is not the case; as special penalties have been laid down in connection with the following women: — ‘mother, mother’s sister, mother-in-law, maternal aunt, father’s sister, wife of the paternal uncle, wife of a friend, wife of a pupil, sister, sister’s friend, daughter-in-law, daughter, teacher’s wife, a woman belonging to one’s own gotra, a woman-refugee, a queen, a mendicant woman, a chaste woman, one’s nurse, a woman belonging to a higher caste.’ From among these, as regards the mother, the proper expiation has been already explained (under the ‘heinous offence’of ‘Violating the Preceptor’s Bed’); — in connection with those beginning with the ‘mother’s sister’ and ending with ‘daughter,’ the expiation shall he the performance of the Kṛcchra penance for one year; — and in the case of the rest, the performance of Cāndrāyaṇa.

Question — “Those that have been mentioned here as belonging to the same gotra, — does this mean those that are born in the same gotra as the man? Or those that have been married to the same gotra?”

The answer to this is that both are meant; since we find texts indicative of both views.

‘Gotra’ means family, paternal line; and if women of the same paternal line be meant, then the separate mention of the ‘father’s sister,’ would be superfluous, as she ‘belongs to the same paternal line.’ If, on the other hand, the woman he held to be one who belongs to the gotra of the person to whom she has been united, then they should be spoken of as belonging to their husband’s gotra; and in that case, the separate mention of the‘wife of the paternal uncle’ becomes superfluous; as in the said sense she would he ‘of the same gotra’ as the man concerned. Thus then, there being nothing to indicate which one of these two views is meant, we take the term as referring to both. The common view, however, is that what are meant here are women whose husband’s gotra is the same as that of the man concerned.

Some people have hold that — “In connection with the performance of Śrāddhas, women belong to their father’s gotra.” But this is restricted to Śrāddhas only. Or, we may take it as referring to other cases also, if we find a text, directly saying so. — (177)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1125); — and in Prāyaścittaviveka (p. 373), which says that this refers to her fourth repetition of the act, done against her wishes.

 

Comparative notes by various authors:

(verses 11.176-177)

See Comparative notes for Verse 11.176.

 

 

VERSE 11.178

Section XIX - Expiation for Wrongful Sexual Intercourse

 

यत् करोत्येकरात्रेण वृषलीसेवनाद् द्विजः ।
तद् भैक्षभुज्जपन्नित्यं त्रिभिर्वर्षैर्व्यपोहति ॥१७८॥

yat karotyekarātreṇa vṛṣalīsevanād dvijaḥ |
tad bhaikṣabhujjapannityaṃ tribhirvarṣairvyapohati ||178||

 

What a twice-born man commits by dallying with a Caṇḍālī for one night, — that he wipes off in three years, living on alms and constantly repeating (sacred texts). — (178)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘vṛṣalī’ here stands for the Caṇḍālī.

Since the expiation prescribed is a heavy one, it should be understood as meant, for the act done intentionally and repeated twice. In other cases the expiation would consist in the performance of the Kṛcchra for one year.

Since the text contains the term ‘for one night,’ what is said here must ho taken as referring to a man who sleeps with the woman and spends the whole night with her.

‘Dallying’ means enjoyment.

The term ‘vṛṣalī’ has been used here as a deprecatory word, and not in the sense of the particular caste (Caṇḍāla).

‘What he commits’ — The sin that he brings on.

‘That he wipes off in three years’ — destroys it.

‘Lining on alms and constantly repeating sacred texts.’ — As no particular texts have been specified, they say that the words repeated should he expressive of his deed (?). Others, however, have held that the words repeated shall bo, not ordinary ones, but those occurring in the Mantra and Brāhmaṇa texts, to be selected according to the man’s own predilections. That this is so follows from the fact that, where the repeating of the sacred texts of the Ṛg-Veda has been prescribed (in 11.262) as a general moans of purification, no particular texts have been specified.

Some people explain the term ‘vṛṣalī’ as standing for the Śūdra woman, and declare that dallying with her for three months is what is meant.

But this cannot be right. Because marrying a Śūdra woman is not permitted; and as for a wanton woman, the expiation in her case is a light one; and intercourse with other kinds of Śūdra women would fall under the category of ‘Minor Offences,’ for which the expiation laid down in the present verse would be too heavy. — (178)

 

Explanatory notes by Ganganath Jha:

‘Vṛṣalī’ — ‘Cāṇḍālī’ (Medhātithi and Kullūka); — ‘a Śūdra woman’ (Govindarāja and Nārāyaṇa).

This verse is quoted in Mitākṣarā (3.260), which explains ‘vṛṣalī’ as Cāṇḍālī; — and in Prāyaścittaviveka (p. 363), which says that this lays down the expiation for the marrying of a Śūdra girl, in a manner not sanctioned by the scriptures.

 

Comparative notes by various authors:

Viṣṇu (53.9). — (See under 175.)

Āpastamba (1.27.11). — ‘A Brāhmaṇa removes the sin which he committed by serving one day and night a man of the black race, if he bathes for three years, eating at every fourth meal-time.’

Baudhāyana (2.2.11). — ‘A Brāhmaṇa removes the sin which he committed by serving the black race one day and one night, if he bathes during three years at every fourth meal-time.’

Parāśara (7.9). — ‘If a twice-born man commits the sin of attending upon a Vṛṣalī for one night, he becomes pure by living on alms and repeating the sacred texts during three years.’

 

 

VERSE 11.179 [Expiation for associating with Outcasts]

Section XX - Expiation for associating with Outcasts

 

एषा पापकृतामुक्ता चतुर्णामपि निष्कृतिः ।
पतितैः सम्प्रयुक्तानामिमाः शृणुत निष्कृतीः ॥१७९॥

eṣā pāpakṛtāmuktā caturṇāmapi niṣkṛtiḥ |
patitaiḥ samprayuktānāmimāḥ śṛṇuta niṣkṛtīḥ ||179||

 

Thus has the atonement tor the four kinds of sinners been set forth; now listen to these (following) expiations for those who associate with outcasts. — (179)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of the verse is quite clear. — (179)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 141).

 

 

VERSE 11.180

Section XX - Expiation for associating with Outcasts

 

संवत्सरेण पतति पतितेन सहाचरन् ।
याजनाध्यापनाद् यौनान्न तु यानासनाशनात् ॥१८०॥

saṃvatsareṇa patati patitena sahācaran |
yājanādhyāpanād yaunānna tu yānāsanāśanāt ||180||

 

If one associates with an outcast for one year, he himself becomes an outcast; not by sacrificing for him, or teaching him, or forming a matrimonial alliance with him, — but by walking, sitting or eating. — (180)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘outcast’ connotes disqualification in regard to the rites of twice-born men; the meaning is that he ‘falls,’ recedes, becomes deprived of, his rights.

‘Outcasts,’ — of the four castes, Brāhmaṇa and the rest; — ‘if one associates with them — in one year he becomes an outcast,’ he becomes equal to the outcast.

What is it that he is supposed to do when ‘associating?’

‘Walking, sitting and eating’ — (a) ‘walking’ means conversing, touching the body and moving about in his company; similarly (b) ‘sitting,’ on the same bed, or on the same seat; and (c) ‘eating,’ on the same seat, or out of the same dish.

‘Sacrificing, teaching and forming matrimonial alliance,’ — it is with these that ‘not’ has to be construed.

It becomes necessary to explain whether, by‘sacrificing’ for an outcast, one does not become an outcast at all, or he becomes so in more or less than a year.

On the basis of other Smṛti -texts it is understood that by sacrificing for an outcast, one becomes an outcast immediately.

The right reading would be‘yājanādhyāpanam,’ with the Accusative ending; — as the nouns are meant to be governed by the present-participle term‘ācaran,’ which also indicates the reason for what is here laid down (for the purpose of the indication whereof the Ablative has been used). — (180)

 

Explanatory notes by Ganganath Jha:

“Govindarāja and Nārāyaṇa explain the verse differently: — ‘He who associates with an outcast by sacrificing for him, or by forming a matrimonial alliance with him, himself becomes an outcast after a year, but not by using the same carriage or seat, or eating with him’.” — Buhler.

This verse is quoted in Madanapārijāta (p. 849), which explains the meaning as follows: — ‘By associating with an outcast on conveyances, seats and dinners after one year, — but by associating with him in sacrificing, teaching and the like, he becomes an outcast, not after one year, but immediately

It is quoted in Aparārka (p. 1087), which offers the following explanation: — By associating in any way with a known outcast, himself becomes an outcast; that is, becomes like him; — there are some acts in which associating with the outcast makes one an outcast, irrespective of all other considerations; and such acts are ‘sacrificing, teaching and marrying’; each of these acts by itself makes the associator an outcast; — the acts of going on the same conveyance, sitting together and eating, on the other hand, do not by themselves make him an outcast; they do so through other acts.

It is quoted in Mitākṣarā (8.261), as meaning that only such acts as those of ‘travelling together and so forth’ make one an outcast by being continued for one year; — it adds that ‘sitting’ includes ‘sleeping’ also. It remarks that the passage is to be construed as follows: — ‘Saṃvatsareṇa patati patitena sahācaran yānāsanāśanāt’; and ‘Yājanādhyāpanādyaunāt na tu saṃvatsareṇa patati, kintu sadya eva’; and concludes thus — ‘By sacrificing and other acts the man becomes an outcast at once, while by sleeping and other acts he becomes so only by continuing it for one year’.

It is quoted in Prāyaścittaviveka, (pp. 149 and 156), which construes ‘Yāṇāṣanāśanāt’ as ‘Yānasanāśanāt utpannam saṃyogam ācaran’, — and adds that these three, when done all together and intentionally, do degrade the man.

 

Comparative notes by various authors:

Mahābhārata (12.165.37). — (Same as Manu.)

Baudhāyana (2.2.35). — ‘He who associates with an outcast, by using the same carriage or seat with him, becomes an outcast in one year; not so by sacrificing for him, or teaching him, or forming a matrimonial alliance with him.’

Vaśiṣṭha (1.22). — ‘They quote the following: — “He who during a year associates with an outcast becomes an outcast; not by sacrificing for him, or teaching him, or forming a matrimonial alliance with him, but by using the same carriage or seat.”’

Gautama (21, 3). — ‘He who associates for a year with outcasts (becomes an outcast).’

Viṣṇu (35.3-5). — ‘He who associates with an outcast becomes an outcast himself after one year; and so does he who rides in the same carriage with him, or who eats in his company, or who sits on the same bench, or who lies on the same couch with him. Matrimonial intercourse, sacrificial intercourse or vocal intercourse with an outcast entails immediate loss of caste.’

Yājñavalkya (3.261). — ‘He who associates with these (outcasts) for one year, himself becomes equal to them.’

Devala (Aparārka, p. 1086). — ‘If a man knowingly lives with an outcast for one year, he becomes mingled with him, and at the end of the year, becomes an outcast himself. Sacrificing for the outcast, forming matrimonial connections with him, teaching him, eating with him, — doing these one becomes an outcast immediately.’

Bṛhaspati (Do.). — ‘Occupying the same seat or couch with an outcast, sitting in the same line with him, mixing up one’s cooked food with his, using the same vessels, sacrificing for him, teaching him, going on the same conveyance with him, eating with him; these are the nine forms of association; this should not he done with low men.’

Parāśara (Do., p. 1088). — ‘The Brāhmaṇa unintentionally forming connections with outcasts becomes equal to him, either in five days, or ten days, or twelve days, or half-a-year, or one year.’

 

 

VERSE 11.181

Section XX - Expiation for associating with Outcasts

 

यो येन पतितेनैषां संसर्गं याति मानवः ।
स तस्यैव व्रतं कुर्यात् तत्संसर्गविशुद्धये ॥१८१॥

yo yena patitenaiṣāṃ saṃsargaṃ yāti mānavaḥ |
sa tasyaiva vrataṃ kuryāt tatsaṃsargaviśuddhaye ||181||

 

When a man associates with any one of outcasts, he should, for his own purification, perform the same penance that has been prescribed for that outcast. — (181)

 

Medhātithi’s commentary (manubhāṣya):

For the atonement of the sin of associating with an outcast, the same expiation is to be performed which has been prescribed for that outcast himself.

In ‘eṣam,’ ‘of these,’ the Genitive has the sense of selection; the sense being — ‘From among these outcasts, if a man associates with any one, — in the manner described in the preceding verse, — he should perform that same expiation which has been prescribed for that same outcast; — for the purpose of purifying — removing — the sin begotten by that association.’

This last phrase ‘for the purpose, etc.,’ serves only to fill up the metre.

As a rule, a man becomes degraded (an outcast) by repeatedly doing such degrading acts as not renouncing the company of outcasts. Now there arises the question — Does this mean that the degradation — the outcastness — that attaches itself to the associating person is direct, — or is it only the degradation of the outcast that becomes attributed to him indirectly? If it is something new, then it behoves you to point out the authority for the assertion that ‘there are five heinous offences.’ If it be held that in the case of the five, the degradation is direct, while in that of others it is indirect, — then there would be no point in making any such distinction. The acts being the same, the expiations being the same, what would be the use for attributing the degradation in one case, only indirectly?

Objection — Some people argue as follows: — “Usage does not always vary with purposes only, it varies on other grounds also. In the present case the distinction is based upon authoritative texts: For instance, in a case where, having asserted degradation, the text goes on to explain it as consisting in being deprived of the rights of twice-born men, — e.g., in 182 below, — as the character is mentioned as belonging to the man himself, the degradation is direct; on the other hand, where the character is spoken of — either by name or by indicative words, — as due to relations with the outcast, it is indirect. For instance, in connection with the names ‘Saurya’ and ‘Āgneya,’ no characteristic of the terms ‘Sūrya’ and ‘Agni’ is found to have been declared as belonging to the Saurya and the Āgneya, on the basis whereof there could be any transference of details from one to the other, which could bestow any peculiar character on them. (Vide Mīmāṃsa-Sūtra, 8.1.27-31).’

“This, however, is not right; because in the case cited, the terms ‘Sūrya’ and the rest are all-powerful, since they form part of the Veda, which is not the work of an author. The present treatise on the other hand, is the work of a human author, and how can any such author propound a distinction which does not exist in fact? There may be some kinds of distinction which may be admitted, when not opposed to well-known Perception or Inference. [But cannot justify the assuring of distinctions in all cases.] As for repetition, it means the doing of an act twice over; and it is in this sense that the term is used, even in cases where the act is repeated a hundred times; for in all cases, the character of ‘repetition’ is one and the same. In ordinary parlance also ‘repetition’ means only duplicating the act. So that whether an act is repeated twice, or a hundred times, the expiation due to ‘repetition’ shall be one and the same, as what is forbidden is a despicable deed; and whether a man sleeps twice during the day, or kills a cow more than once, — the condition that there is repetition of a despicable act is one and the same, which should lead to the same kind of ‘degradation.’ For these reasons what is here propounded needs to be pondered over — is open to doubt”

Answer — What is there that needs pondering over? That the five acts are sinful, leading to degradation, has been declared by all writers on Smṛti; as also that some other acts are similar to those five. There is no gainsaying these two facts; as for distinction among these, it can be made on the basis of ‘the capacity of the agent, the nature of the offence,’ and so forth (set forth in Verse 209 below). It can never be that what has been declared as similar to a certain act should stand on the same footing as that act itself; for instance, the cow cannot be the same as the gavaya. The fact of the matter is that on certain points the two acts differ between themselves, while On others they resemble, and hence come to be spoken of as ‘similar.’

From all this it follows that those also who are equal to outcasts become ‘outcasts,’ themselves; and in this case the expiation would be just a little less than that in the case of actual outcasts.

In connection with the question of being deprived of rights and privileges, some people put forward the special points that the man becomes deprived only of the right of performing the Śrauta rites, and not the Smārta ones.

It has been argued above that there would be no difference between doing an act twice and doing it a hundred times over. But as a matter of fact, there would certainly be a difference among the various degrees of repetition. How could the offence in both cases be of the same degree?

Another argument put forward is that — ‘Sleeping during the day and cow-killing, both being forbidden acts, there would be the same degree of ‘degradation’ involved in the repeated committing of both these deeds. But how can the deprecation of the two acts be said to be of the same degree; — when, as a matter of fact, we find a distinction between the degree of sinfulness clearly set forth in the corresponding declamatory passages? And there is multiplicity of expiation also in cases where the prohibition is exceptionally emphatic.

The rule on this point is this: — That there is ‘degradation’ brought about by the repeated performance of forbidden acts is not true of all forbidden acts s for instance Verse 11.41 has declared that the killing of 1,000 animals of one kind is equal to that of a single animal of another; hence in several cases, even though a certain forbidden act may be repeated several times, there is no ‘degradation’ at all. — (181)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 851), which notes that in all these cases the lightness or heaviness of the expiation will depend upon the caste and capacity of the person concerned; — in Mitākṣarā (3.261); — in Parāśaramadhava (Prāyaścitta, p. 23), which defines ‘saṃsarga’ as travelling together, sitting together and so forth; — in Prāyaścittaviveka (pp. 141 and 165), which says that this refers to the Mahāpātakas only, — and that ‘Patita’ here stands for the mere ‘offender’ or ‘sinner’ (not literally, the outcast); — and in Smṛtisāroddhāra (p. 356).

 

Comparative notes by various authors:

Viṣṇu (54.1). — ‘If a man associates with one guilty of a crime, he must perform the same penance as that person.’

Vyāsa (Aparārka, p. 1088). — ‘If a sinful man associates with another man, the latter shall perform the same penance as the former, but only three quarters of it.’

Bṛhaspati (Do., p. 1087). — ‘If a man associates with a sinner for six months, through sacrificing, teaching and the like, or though occupying the same seat or couch with him, he should perform half of that penance which has been prescribed for that sinner.’

 

 

VERSE 11.182

Section XX - Expiation for associating with Outcasts

 

पतितस्योदकं कार्यं सपिण्डैर्बान्धवैर्बहिः ।
निन्दितेऽहनि सायाह्ने ज्ञातिर्त्विग्गुरुसंनिधौ ॥१८२॥

patitasyodakaṃ kāryaṃ sapiṇḍairbāndhavairbahiḥ |
nindite'hani sāyāhne jñātirtviggurusaṃnidhau ||182||

 

When one has become an outcast, his Sapiṇḍas and relations shall offer him ‘water’ outside, on an inauspicious day, in the evening, in the presence of relatives, priests and elders. — (182)

 

Medhātithi’s commentary (manubhāṣya):

When one has become an ‘outcast,’ and is unwilling to perform the prescribed expiation, they shall treat him as dead and offer to him the ‘water-jar’; this is what the text lays down.

‘Sapiṇḍas’ — Relations on the Father’s side, up to the seventh degree.

Persons other than those who may be related to the man are called ‘relations,’ which includes the Sagotras also.

‘On an inauspicious day’ — i.e., on the fourteenth and such other days of the month.

‘In the evening’ — at sunset.

‘Relatives, priests, etc.’ — of the persons making the offering, as also of the outcast. — (182)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 964), which explains ‘nindite ahani’ as on the 4th or 9th or 14th day of the month; and such other forbidden days; — in Nirṇayasindhu (p. 408); — in Aparārka (p. 1206); — and in Mitākṣarā (p. 295), to the effect that the rites in question are to be performed near elders during the fifth part of the day and on such forbidden days as the 4th or 9th or 14th of the month.

 

Comparative notes by various authors:

(verses 11.182-185)

[See above, 9.201.]

Gautama (20.4-9). — ‘A slave or a hired servant shall fetch an impure vessel from a dust-heap, fill it with water taken from the pot of a female slave and, his face turned towards the south, upset it with his foot, pronouncing the sinner’s name and saying: “I deprive so-and-so of water.” All the kinsmen shall touch the slave, passing their sacred thread over the right shoulder and under the left arm, and untying the look on their heads. The spiritual teachers and the marriage-relatives shall look on. Having bathed, they shall enter the village. He who afterwards unintentionally speaks to the outcast shall stand, during one night, repeating the Gāyatrī. If he converses with him intentionally, he must perform the same penance for three nights.’

Baudhāyana (2.1.36). — ‘Now the relatives shall empty (the water-pot of a grievous offender) at a solemn meeting (and he shall confess), “I, N. N., am (the perpetrator of) such and such (a deed).” After (the outcast) has performed (his penance), the Brāhmaṇas shall ask him who has touched water, milk, clarified butter, honey, and salt, “Hast thou performed (the penance)?” The other (person) shall answer, ‘Om’ (yes)!’ They shall admit him who has performed (a penance) to all sacrificial rites, making no difference (between him and others).’

Vaśiṣṭha (15.12-16). — ‘A slave, or the son of a low-caste woman, or a relative not belonging to the same caste who is destitute of good qualities, shall fetch a broken jar from a heap of useless rubbish, place Kuśa grass with its top lopped off on Lohita grass on the ground, and empty the jar with his left foot; and the relatives, allowing their hair to hang down, shall touch the man who empties the jar. Turning their left hands towards the spot, they may go home at pleasure. After that they should not admit the outcast to sacred rites. Those who admit him to sacred rites become equal to him.’

Yājñavalkya (3.294). — ‘The female slave and the relatives shall pour the jarful of water outside the village for the outcast; and they shall exclude him from all functions.’

Viṣṇu (22.57). — ‘On the death-day of an outcast, a female slave of his must upset a jar with water with her feet.’

 

 

VERSE 11.183

Section XX - Expiation for associating with Outcasts

 

दासी घटमपां पूर्णं पर्यस्येत् प्रेतवत् पदा ।
अहोरात्रमुपासीरन्नशौचं बान्धवैः सह ॥१८३॥

dāsī ghaṭamapāṃ pūrṇaṃ paryasyet pretavat padā |
ahorātramupāsīrannaśaucaṃ bāndhavaiḥ saha ||183||

 

A female slave shall overturn a jar full of water with her foot, as in the case of the dead; and they, along with the relations, shall observe the ‘uncleanliness’ for the day and night. — (183)

 

Medhātithi’s commentary (manubhāṣya):

‘As in the case of the dead’ — This is an injunction of what should be done (in the case of the dead).

The female slave shall overturn with her foot the water-jar, saying — ‘This is for so and so’ (naming the outcast).

After this has been done, it is necessary to observe ‘un-cleanliness’ during the day and night.

‘Along with the relations’ — They shall all sit in one place, for that day.

The naming of the ‘female slave’ indicates that the Sapiṇḍas should not do it themselves.

“If that be so, and the Sapiṇḍas do not do this act themselves, what should be the difference between ‘Sapiṇḍas’ and ‘relations,’ in view of which it has been said that all this should be done in the presence of relations, priests and elders? Since all (Sapiṇḍas as well as Relations) would be helping the offering only by their presence, and thus acting like an indirect accessory.”

It is not so; ‘Sapiṇḍas’ and others of that class are the ‘performers’ of the act of offering in the sense that it is they that direct it; while ‘Relations,’ ‘priests’ and the rest are brought together only with a view to some spiritual effect. — (183)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 964), which explains ‘pretarat’ as wearing the upper cloth over the right shoulder and so forth; — in Mitākṣarā (3.295), to the effect that the slave-girl may make the offerings under orders of the paternal relations of the outcast — it explains ‘pretavat’ as implying that the offender should face the south, wear the upper cloth over the right shoulder and so forth; — and in Nirṇayasindhu (p. 408).

 

Comparative notes by various authors:

(verses 11.182-185)

[See above, 9.201.]

See Comparative notes for Verse 11.182.

 

 

VERSE 11.184

Section XX - Expiation for associating with Outcasts

 

निवर्तेरंश्च तस्मात् तु सम्भाषणसहासने ।
दायाद्यस्य प्रदानं च यात्रा चैव हि लौकिकी ॥१८४॥

nivarteraṃśca tasmāt tu sambhāṣaṇasahāsane |
dāyādyasya pradānaṃ ca yātrā caiva hi laukikī ||184||

 

Thenceforth shall cease all conversation with him, sitting with him, his sharing in property, as also all ordinary intercourse. — (184)

 

Medhātithi’s commentary (manubhāṣya):

This verse lays down how his relations shall treat the outcast after the ‘water’ has been offered.

‘Conversation’ — Talking with one another.

‘Property’ — Wealth. This also shall not be given to him.

‘Ordinary intercourse’ — Saluting at meeting and enquiring after health and so forth, bringing him home at marriages and other ceremonies, feeding him, and so forth.

“The cessation of all this is already implied in that of conversation.”

What is meant by the last phrase includes also the dropping of all such courtesies as rising to receive him, leaving the seat and the likes; while ‘conversation’ stands for acts pertaining to the utterance of words only. — (184)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.295) to the effect that the outcast should thenceforward be kept outside the pale of conversation, sitting together and other forms of association; — and in Nirṇayasindhu (p. 409).

 

Comparative notes by various authors:

(verses 11.182-185)

[See above, 9.201.]

See Comparative notes for Verse 11.182.

 

 

VERSE 11.185

Section XX - Expiation for associating with Outcasts

 

ज्येष्ठता च निवर्तेत ज्येष्ठावाप्यं च यद् धनम् ।
ज्येष्ठांशं प्राप्नुयाच्चास्य यवीयान् गुणतोऽधिकः ॥१८५॥

jyeṣṭhatā ca nivarteta jyeṣṭhāvāpyaṃ ca yad dhanam |
jyeṣṭhāṃśaṃ prāpnuyāccāsya yavīyān guṇato'dhikaḥ ||185||

 

The right of primogeniture shall be withheld, as also the additional share of property due to the eldest; the additional share due to him as the eldest shall be obtained by his younger brother, who is superior to him in quality. — (185)

 

Medhātithi’s commentary (manubhāṣya):

‘The additional share of property due to the eldest.’ — In connection with this, the following objection is raised: — “The declaration that all property shall be withheld from him clearly implies the withholding also of the additional share due to the eldest”

In answer to this some people explain that the said withholding is reiterated in the present verse, for the purpose of laying down that the said share shall devolve upon the younger brother who excels him in quality.

Others however think that the term ‘Property’ stands for all kinds of wealth, not for the hereditary property only; as in the lexicon we find ‘dāyādya’ (which is the word used in the preceding verse) mentioned as a synonym for ‘dhana’, ‘property.’ Hence what is meant by the withholding of ‘property’ from him means that one may not pay to him what may have been borrowed from him; what the debtor should do is to repay the same to the man’s son, brother or other heirs.

Others again hold that the withholding of ‘property’ is meant to apply to the case where the property has not been previously divided, while what is meant by the present verse is that if division has already taken place, all that shall be taken away from him is only the additional share that he may have received by virtue of his being the eldest brother; so that even though the man may have sons, they shall inherit all the rest of his property, save the said additional share. — (185)

 

Comparative notes by various authors:

(verses 11.182-185)

[See above, 9.201.]

See Comparative notes for Verse 11.182.

 

 

VERSE 11.186

Section XX - Expiation for associating with Outcasts

 

प्रायश्चित्ते तु चरिते पूर्णकुम्भमपां नवम् ।
तेनैव सार्धं प्रास्येयुः स्नात्वा पुण्ये जलाशये ॥१८६॥

prāyaścitte tu carite pūrṇakumbhamapāṃ navam |
tenaiva sārdhaṃ prāsyeyuḥ snātvā puṇye jalāśaye ||186||

 

If however the expiation has been performed, they shall bathe with him in a sacred reservoir of water and shall throw into the water a fresh jar filled with water. — (186)

 

Medhātithi’s commentary (manubhāṣya):

The present verse describes what sort of water-offering is to be made for one who has performed the prescribed penance.

‘They shall bathe with him in a reservoir of water,’ — in a sacred river, or in a large lake, or in some such sacred place as Prabhāsa, Mānasa and the like; — ‘and throw a fresh jar full of water.’

Since the present text speaks of the ‘fresh jar’ and the foregoing one speaks of the ‘female slave,’ it means that in the former case, the jar to be used should be one that has been already in use for other purposes. In both cases the jar is to be filled with water. — (186)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.296), to the effect that the aforesaid offering should be made after the offenders have taken a bath in a sacred tank; — in Nirṇayasindhu (pp. 402 and 409); — in Smṛtitattva (p. 472); — and in Madanapārijāta (p. 966), which explains ‘prāsyeyuḥ’ as ‘should throw’.

 

Comparative notes by various authors:

(verses 11.186-187)

Gautama (20.10-14). — ‘But if an outcast has been purified by penances, his kinsmen shall fill a golden vessel with water from a very holy lake or river, and make him bathe in that water. Then they shall give him that vessel, and he, after taking it, shall recite the following text — “Cleansed is the sky, etc.” Let him offer clarified butter reciting the sacred texts. Let him then present gold or a cow to a Brāhmaṇa, and also to his teacher.’

Baudhāyana (2.1.36). — (See above, under 182.)

Yājñavalkya (3.295). — ‘When he returns after having performed the requisite penances, they shall pour a fresh jarful of water; after that they shall not despise him, and they shall associate with him in all matters.’

Vaśiṣṭha (15.17-20). — ‘Outcasts who have performed the prescribed penance may be re-admitted. Those who strike their teacher, mother or father may be re-admitted in the following manner: Having filled a golden or an earthen vessel with water from a sacred lake or river, they pour it over him reciting three sacred texts.’

 

 

VERSE 11.187

Section XX - Expiation for associating with Outcasts

 

स त्वप्सु तं घटं प्रास्य प्रविश्य भवनं स्वकम् ।
सर्वाणि ज्ञातिकार्याणि यथापूर्वं समाचरेत् ॥१८७॥

sa tvapsu taṃ ghaṭaṃ prāsya praviśya bhavanaṃ svakam |
sarvāṇi jñātikāryāṇi yathāpūrvaṃ samācaret ||187||

 

Having thrown that jar into the water, he shall enter his own house and carry on, as before, all his family-functions. — (187)

 

Medhātithi’s commentary (manubhāṣya):

The jar has to be thrown again in the same water in which they have bathed.

Then taking him with them, the relations shall go to his house, and then, as before, go on with all such family-functions as dinner and the like.

According to others, ‘he’ stands for the man who has performed the expiation; and under this view, the jar should be thrown by that same man.

This ‘water-rite’ is to be performed only in the case of the ‘outcast’ referred to in the present context, and not to other kinds of ‘outcasts,’ — such as those described under 8.389 — ‘one who abandons his father, one who kills the king, one who sacrifices for the Śūdra’ and so forth. — (187)

 

Comparative notes by various authors:

(verses 11.186-187)

See Comparative notes for Verse 11.186.

 

 

VERSE 11.188

Section XX - Expiation for associating with Outcasts

 

एतदेव विधिं कुर्याद् योषित्सु पतितास्वपि ।
वस्त्रान्नपानं देयं तु वसेयुश्च गृहान्तिके ॥१८८॥

etadeva vidhiṃ kuryād yoṣitsu patitāsvapi |
vastrānnapānaṃ deyaṃ tu vaseyuśca gṛhāntike ||188||

 

This same method is to be adopted also in the case of female outcasts; but clothing, food and drink shall be supplied to them and they shall live close to the house. — (188)

 

Medhātithi’s commentary (manubhāṣya):

‘This same method is to be adopted in the case of female outcasts,’ — of women who have become outcasts.

Even in the case of such female outcasts as have not performed the expiation, and to whom ‘water’ has been offered, in the manner of a dead person, — food and clothing shall be supplied. Inasmuch as the text uses the word ‘dāna,’ what is meant is that she is to receive just enough food and clothing to keep her body, and she shall not be supplied with any articles of luxury.

‘Drink’ — From the very propriety of the case, this stands for water. But, even if it was not supplied, she could get it in any quantities. What is meant therefore by its mention is that the man supplying her with it shall not do it in an affectionate manner.

Food and clothing also should be of the same inferior quality as the drink. Says Yājñavalkya (1.70) — ‘One should deprive the unchaste woman of her rights, let her remain dirty, living on mere morsel of food, despised, and sleeping on the ground.’

The conditions that render women ‘outcasts’ are the same as those in the case of men. As for what has been said in connection with those who procure abortions — ‘in cases of abortion, the woman does not incur a heavier guilt — etc., etc.’ what this means is only that both the man and the woman are equally guilty, and it does not mean that in cases other than this, the woman incurs a heavier guilt. Says Yājñavalkya (3.298) — ‘Intercourse with inferior men, abortion, and injuring the husband are to be regarded as acts that degrade (render outcasts) women in particular.’

‘They shall live close to the house’ — What is meant by the phrase ‘close to the house’ is that they shall be turned out of the main building and allowed to live in a separate hut.

Some people say that lodging close to the house is to be given to only those who are performing the expiation, and not for others.

But this is not right. Because what is really meant is that the supplying of food and clothing would be easier if she dwelt close by. While during the time that she is undergoing the expiation, she would be living on alms, or milk, or performing the Cāndrāyaṇa and other penances. And the rule regarding living on alms cannot be regarded as set aside by what is said in the present text; as the only purpose served by the present text is to prescribe the means of subsistence.

From all this it follows that what the verse means is that food and clothing, etc., have to be supplied also to that female outcast who, either though incapacity or on account of some other cause, is not in a position to perform the expiatory penance. — (188)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.260), which explains that this prescribes the ‘Twelve Years’ Penance,’ halved in consideration of the sex of the offender; — and that in reference to an unintentioned offence.

It is quoted in Aparārka (p. 99).

 

Comparative notes by various authors:

Yājñavalkya (3.296). — ‘This same rule has been declared to be applicable to women who have become outcasts. They should however be given a dwelling in the vicinity of the household, and should also receive clothes, food and protection.’

Vaśiṣṭha (Āparārka, p. 1208). — ‘Four kinds of women must be entirely abandoned: One who has intercourse with her husband’s pupil, one who has intercourse with her Guru, one who has killed her husband, and one who has intercourse with a despicable person.’

 

 

VERSE 11.189

Section XX - Expiation for associating with Outcasts

 

एनस्विभिरनिर्णिक्तैर्नार्थं किं चित् सहाचरेत् ।
कृतनिर्णेजनांश्चैव न जुगुप्सेत कर्हि चित् ॥१८९॥

enasvibhiranirṇiktairnārthaṃ kiṃ cit sahācaret |
kṛtanirṇejanāṃścaiva na jugupseta karhi cit ||189||

 

One shall not carry on any business with unexpiated sinners; but in no case shall he despise those who have performed the expiation. — (189)

 

Medhātithi’s commentary (manubhāṣya):

‘Sinners’ — This stands for the ‘outcasts,’ as is dear from the context So long as these are ‘unexpiated’ — undean, not having performed the prescribed expiations, — ‘one shall not carry on any business,’ — such as borrowing, selling, buying, sacrificing and so forth.

‘Expiation’ is purification, wiping off of the sin. When this has been done, one should not ‘despise’ the man. That is, no one should reproach one who has duly performed the prescribed expiation. — (189)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 141).

 

Comparative notes by various authors:

Viṣṇu (54.31). — ‘With sinners who have not expiated their crime, let a man not transact business of any kind. But the man who knows the Law must not blame those who have expiated it.’

Yājñavalkya (3.295). — (See under 156-187.)

 

 

VERSE 11.190

Section XX - Expiation for associating with Outcasts

 

बालघ्नांश्च कृतघ्नांश्च विशुद्धानपि धर्मतः ।
शरणागतहन्तॄंश्च स्त्रीहन्तॄंश्च न संवसेत् ॥१९०॥

bālaghnāṃśca kṛtaghnāṃśca viśuddhānapi dharmataḥ |
śaraṇāgatahantṝṃśca strīhantṝṃśca na saṃvaset ||190||

 

One shall not associate with murderers of children, ungrateful men, murderers of a refugee, and murderers of women, — even though they may have been duly purified. — (190)

 

Medhātithi’s commentary (manubhāṣya):

‘Refugee’ — He who, on being harassed by his enemies, or struck by some powerful person, seeks refuge with a person saying ‘save me,’ — or a man who has committed an offence and comes to a learned man saying — ‘save me, tell me what expiation I should perform.’ Both these would be ‘refugees.’

‘Ungrateful men’ — Those who forget the benefit that has been conferred upon them by some one, and try to injure him, — or one who spoils the effect of the benefit he has himself conferred upon some one, and tries to undo it by doing him harm. Though both these men would be ‘kṛtaghna’ in the literal sense, yet in ordinary usage the name is applied to one who causes injury to his benefactor.

In this connection, there is no consideration of caste, — the only condition is that the persons murdered are‘children’ and the like.

‘Women’ — Even though they be unchaste. Though in these cases the expiation shall be light, yet association with them is directly forbidden by the words of the text.

‘Association’ — Keeping company, living together. — (190)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1209), which remarks that the phrase ‘viśuddhānapi dharmataḥ’ clearly indicates that the expiations laid down in connection with the murder of women and other crimes do really serve to remove the sin involved.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 155), as indication of the view that in the case of heinous crimes, even after the prescribed expiration has been gone through, the offender is not fit for being associated with, even though for all spiritual purposes he may have become ‘purified’; — in Prāyaścittaviveka (p. 21); — and in Yatidharmasaṅgraha (p. 109), which explains ‘na saṃvaset’ to mean that ‘one should not associate with them in eating or any such act.’

 

Comparative notes by various authors:

Viṣṇu (54.32). — ‘Let him not however, associate with those who have killed children, or with ungrateful persons, or with those who have tilled a woman, or one who came to him for protection, — even though such sinners may have secured absolution according to the Law.’

Yājñavalkya (3.299). — ‘Those who have killed a person seeking protection, or a child or a woman, or those who are ungrateful, — with these one should not associate, even though they may have performed the requisite penances.’

 

 

VERSE 11.191 [Expiation for the Neglect of ‘Sāvitrī’]

Section XXI - Expiation for the Neglect of ‘Sāvitrī’

 

येषां द्विजानां सावित्री नानूच्येत यथाविधि ।
तांश्चारयित्वा त्रीन् कृच्छ्रान् यथाविध्योपनाययेत् ॥१९१॥

yeṣāṃ dvijānāṃ sāvitrī nānūcyeta yathāvidhi |
tāṃścārayitvā trīn kṛcchrān yathāvidhyopanāyayet ||191||

 

Though twice-born men to whom the Sāvitrī has not been taught according to rule, should be made to perform three Kṛcchra penances and then initiated in due form. — (191)

 

Medhātithi’s commentary (manubhāṣya):

The time for the Brāhmaṇa’s Initiation has been laid down as extending up to the sixteenth year of his age; and the present text lays down the expiation for transgressing this limit.

If to a Brāhmaṇa the Sāvitrī has not been taught — from the seventh to the sixteenth year of his age — the ‘teaching of the Sāvitrī’ stands here for the sacrament of Initiation; hence the meaning is ‘if the Initiation has not been performed at the said time’; similarly up to the twenty-second year for the Kṣatriya, and the twenty-fourth year for the Vaiśya, — then after the lapse of this time, he should be made to perform three ‘Kṛcchra’ penances. Where the term ‘Kṛcchra’ stands without an epithet, it means the Prājāpatya penance, — such is the well-known usage of Smṛti.

Others explain the ‘Kṛcchra’ here as standing for the Kṛcchātikṛcchra.

After these Kṛcchra penances have been performed, he should be initiated.

‘In due form’ — This is purely reiterative. — (191)

 

Explanatory notes by Ganganath Jha:

See 2.38.

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 433), as laying down the expiation for the ‘Vrātya’; — in Madanapārijāta (p. 871), which adds that — (a) in the case of the omission being due to the absence of an initiator, the expiation should he that prescribed by Manu and Yājñavalkya, and (b) in the case of omission being due to no such unavoidable circumstances, nor in times of digress, it should be ‘Three Years’ Penance’ prescribed under the section on cow-slaughter.

It is quoted in Aparārka (p. 1107), which explains ‘trīn kṛcchrān’ as meaning — (1) The Prājāpatya, (2) the Kṛcchra and (3) the Atikṛcchra; — in Mitākṣarā (3.265), as laying down what should be done when one has become a ‘vrātya’; — in Vīramitrodaya (Saṃskāra, p. 350); — and in Prāyaścittaviveka (p. 384.)

 

Comparative notes by various authors:

Viṣṇu (54-26). — ‘Those twice-born men by whom the Gāyatrī has not been repeated, nor the other ceremonies performed, as the law directs, must be made to perform three Prājāpatya penances and then initiated according to custom.’

Āpastamba (1.1.28-29). — ‘If the proper time for initiation has passed, he shall observe, for the space of two months, the duties of a Student, as observed by those who are studying the three Vedas; after that he may be initiated; and after that he may be instructed.’

Vaśiṣṭha (11.76-78). — ‘A man who has missed the Sāvitrī may undergo the Uddālaka penance. Let him subsist, during two months, on barley-gruel, during one month on milk, during half a month on curds, during eight days on clarified butter, during six days on alms given without asking, and during three days on water; and let him fast for one day and night. Or, he may go to bathe with the priests at the end of an Āśvamedha sacrifice. Or, he may perform the Vrātya-stoma.’

 

 

VERSE 11.192

Section XXI - Expiation for the Neglect of ‘Sāvitrī’

 

प्रायश्चित्तं चिकीर्षन्ति विकर्मस्थास्तु ये द्विजाः ।
ब्रह्मणा च परित्यक्तास्तेषामप्येतदादिशेत् ॥१९२॥

prāyaścittaṃ cikīrṣanti vikarmasthāstu ye dvijāḥ |
brahmaṇā ca parityaktāsteṣāmapyetadādiśet ||192||

 

When twice-born men, who follow improper occupations, or who are abandoned by the Veda, are desirous of performing expiations — for these also this same expiation is to be prescribed. — (192)

 

Medhātithi’s commentary (manubhāṣya):

‘Who follow improper occupations’; — e.g., Brāhmaṇas engaged in the service of a Śūdra. The proper occupation for each man is indicated by the livelihood that has been prescribed for him; occupations other than that would he ‘improper.’ That occupation which is prescribed for twice-born men would be ‘improper’ for persons other than twice-born.

‘Abandoned by the Veda’ — those who, though initiated, have not studied the Veda, — or having studied have forgotten it.

For those also there should be the ‘three Kṛcchras.’

‘Are desirous of performing expiations.’ — This is purely reiterative; as people take to an action only when they have a desire for it. — (192)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (1107.)

 

Comparative notes by various authors:

Viṣṇu (54.27). — ‘Those twice-born men who are anxious to make an atonement for having committed an unlawful act, or for having neglected the study of the Veda, must he made to perform the same penance (three Prājāpatyas).’

 

 

VERSE 11.193 [Expiation for Brāhmaṇas acquiring Property by Improper Means]

Section XXII - Expiation for Brāhmaṇas acquiring Property by Improper Means

 

यद् गर्हितेनार्जयन्ति कर्मणा ब्राह्मणा धनम् ।
तस्योत्सर्गेण शुध्यन्ति जप्येन तपसैव च ॥१९३॥

yad garhitenārjayanti karmaṇā brāhmaṇā dhanam |
tasyotsargeṇa śudhyanti japyena tapasaiva ca ||193||

 

When Brāhmaṇas acquire property by an objectionable act, they become pure by giving it up, and also by repeating sacred texts and performing austerities. — (193)

 

Medhātithi’s commentary (manubhāṣya):

‘Objectionable’ — Though the text uses this general term, it should be understood as standing for the ‘accepting of improper gifts,’ because what the next verse lays down refers to the particular means of acquiring property; what is said is that ‘the man becomes absolved from the sin of accepting an improper gift.’

‘Giving it up’ — Relinquishing; renouncing all sense of ownership with regard to it, or actually giving it away. Unmindful of any spiritual or temporal benefits that might accrue from the relinquishment, he should deposit, the property on the public road, saying — ‘anyone who wishes may take this from me’; — or he may throw it away into a river or a pit. or in some such place.

The exact forms of the ‘repeating of sacred texts’ and ‘austerities’ are going to be described in the verse referred to above.

Others lead ‘mānavāḥ’ (‘men’) in place of ‘Brāhmaṇāḥ,’ and explain the verse as follows: — Any means of acquiring property that has been forbidden for a man — be he a twice-born or Śūdra — is ‘objectionable’ for him. E.g., it has been declared that — ‘The Brāhmaṇa or the Kṣatriya shall not take interest’ (10.117). For one who earns wealth by such means, the expiation consists of ‘giving up,’ ‘repeating of texts’ and ‘austerities,’ all three combined. In the ease of the Brāhmaṇa accepting an improper gift, however, there is a special expiation as described in the following verse. — (193)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vidhānapārijāta ĪI (p. 476); — in Nirṇayasindhu (p. 49); — in Aparārka (p. 1150); — in Mitākṣarā (3.290), which adds that this surrendering should be done in every ease before the performance of the expiation specially prescribed for the act; — in Madanapārijāta (p. 925), which notes that ‘japyena’ refers to the 300 repetitions of the Sāvitrī laid down in the next verse; — in Śrāddhakriyākaumudī (p. 222), which says that, this clearly implies that the religious act, that the man does with the ill-gotten wealth also becomes vitiated to that extent; — in Prāyaścittaviveka (pp. 403 and 415); — and in Vīramitrodaya (Vyavahāra 165a), to the effect when a man acquires property by methods not sanctioned by the scriptures, he does not obtain any legal possession of that property, and hence his sons also have no claims to inherit that, property.

 

Comparative notes by various authors:

[See above, 10.111.]

Viṣṇu (54.28). — ‘Those Brāhmaṇas who have acquired property by base acts become free from the consequent sin by relinquishing that property and by reciting sacred texts and practising austerities.’

 

 

VERSE 11.194

Section XXII - Expiation for Brāhmaṇas acquiring Property by Improper Means

 

जपित्वा त्रीणि सावित्र्याः सहस्राणि समाहितः ।
मासं गोष्ठे पयः पीत्वा मुच्यतेऽसत्प्रतिग्रहात् ॥१९४॥

japitvā trīṇi sāvitryāḥ sahasrāṇi samāhitaḥ |
māsaṃ goṣṭhe payaḥ pītvā mucyate'satpratigrahāt ||194||

 

Having, with concentrated mind, repeated the Sāvitrī three thousand times, and drinking milk in a cow-pen for one month, he becomes absolved from the sin of accepting an improper gift. — (194)

 

Medhātithi’s commentary (manubhāṣya):

‘The Sāvitrī three thousand times’ — Some people take this to mean that this should be done everyday; while others construe ‘trīṇi’ with ‘māsam’ [the meaning being, that the whole is to run for three months]; so that the mantra would have to be repeated one hundred times everyday.

‘Cow-pen’ — the place where cows are kept. — (194)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 430), as referring to cases where both the giver and the gift are unfit, and improper; — in Aparārka (p. 1150), to the effect that ‘residence in the cow-pen’ is an essential factor in the expiation; — in Mitākṣarā (3.290), which adds the following notes: — The repetition of the Sāvitrī here prescribed is to be done daily, as is clear from the Accusative ending in ‘māsam’ which denotes duration; — and in Prāyaścittaviveka (p. 403).

 

Comparative notes by various authors:

Viṣṇu (54.24). — ‘By repeating attentively the Gāyatrī three thousand times, by dwelling in the pasture of cows, by subsisting on milk for a month, one becomes free from the sin of receiving unlawful presents.’

Yājñavalkya (3.288). — ‘One becomes free from the sin of receiving improper presents if one dwells in the cow-pen for one month, subsisting on milk and devoted to the repeating of the Gāyatrī.’

 

 

VERSE 11.195

Section XXII - Expiation for Brāhmaṇas acquiring Property by Improper Means

 

उपवासकृशं तं तु गोव्रजात् पुनरागतम् ।
प्रणतं प्रति पृच्छेयुः साम्यं सौम्यैच्छसीति किम् ॥१९५॥

upavāsakṛśaṃ taṃ tu govrajāt punarāgatam |
praṇataṃ prati pṛccheyuḥ sāmyaṃ saumyaicchasīti kim ||195||

 

When he has returned from the cow-pen, emaciated with the fast, and humble, they shall ask him — ‘friend, dost thou desire equality with us?’ — (195)

 

Medhātithi’s commentary (manubhāṣya):

The mention of ‘Emaciation’ implies that he is to drink only a small quantity of milk.

‘Humble’ — sitting on his knees on the ground.

‘They’ — the learned Brāhmaṇas — shall ask him — ‘O friend, dost thou desire equality with us?’ and add — ‘If so, you should never again disobey the scriptures, and accept improper gifts, through greed.’ When tints addressed, the man should say — ‘forsooth’ (as prescribed in the following verse).’ — (195)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 473).

 

Comparative notes by various authors:

(verses 11.195-196)

Baudhāyana (2.1.36). — (See under 187.)

Yājñavalkya (3.299). — ‘When the jar has been overturned, the man, seated among his kinsmen, shall offer grass to the cows; and when he has been honoured by the cows, the association of others follows.’

 

 

VERSE 11.196

Section XXII - Expiation for Brāhmaṇas acquiring Property by Improper Means

 

सत्यमुक्त्वा तु विप्रेषु विकिरेद् यवसं गवाम् ।
गोभिः प्रवर्तिते तीर्थे कुर्युस्तस्य परिग्रहम् ॥१९६॥

satyamuktvā tu vipreṣu vikired yavasaṃ gavām |
gobhiḥ pravartite tīrthe kuryustasya parigraham ||196||

 

Having said ‘Forsooth’ to the Brāhmaṇas, he shall scatter grass to the cows; whereupon they shall accord admission to him at a place hallowed by the cows. — (196)

 

Medhātithi’s commentary (manubhāṣya):

That place is said to be ‘hallowed by the cows’ by which they pass to the pasture-grounds, or where they descend to a river or to a water-fall for drinking water.

‘They’ — the Brāhmaṇas — ‘shall accord to him admission,’ i.e., they shall take hold of his hand and bring him over near themselves. — (196)

 

Explanatory notes by Ganganath Jha:

‘Vipreṣu satyam uktvā.’ — ‘Having truly promised to the Brāhmaṇas that he would never again accept an improper gift’ (Kullūka); — ‘having told the truth to the Brāhmaṇas regarding his offence and the consequent penance’ (Nārāyaṇa and Nandana).

This verse is quoted in Smṛtittava (p. 473).

 

Comparative notes by various authors:

(verses 11.195-196)

See Comparative notes for Verse 11.195.

 

 

VERSE 11.197

Section XXII - Expiation for Brāhmaṇas acquiring Property by Improper Means

 

व्रात्यानां याजनं कृत्वा परेषामन्त्यकर्म च ।
अभिचारमहीनं च त्रिभिः कृच्छ्रैर्व्यपोहति ॥१९७॥

vrātyānāṃ yājanaṃ kṛtvā pareṣāmantyakarma ca |
abhicāramahīnaṃ ca tribhiḥ kṛcchrairvyapohati ||197||

 

If one sacrifices for apostates, or performs the obsequies of strangers, or malevolent rites, or the Ahīna sacrifice, — he wipes it off by three Kṛcchras. — (197)

 

Medhātithi’s commentary (manubhāṣya):

’Apostates’ — Those who have fallen off from the Sāvitrī; for such men, (a) if one performs the Vrātyastoma — which is a rite specially prescribed for them, — either by officiating at it as a priest or by directing it; — (b) or if he performs the ‘obsequies’ — the rites performed in the cremation-grounds — ‘for strangers’ — i.e., for persons other than their parents or preceptor; — (c) or if he performs ‘malevolent rites’ — such as the Śyenacit sacrifice and the like; — or (d) if he performs the Ahīna. sacrifice; — he becomes pure by performing ‘three Kṛcchras.’

Others hold that what is here laid down does not refer to the performer of the ‘malevolent’ or ‘Ahīna’ sacrifices, but to those who officiate as priests at these sacrifices. It is for this reason that this same rule applies also to those who perform sacrifices for apostates. As regards the performer himself, since he undertakes the performance in obedience to the Vedic injunction of the sacrifices concerned, how could they be liable to expiation for their act, so long as the performance has not been forbidden?

“As regards the Ahīna sacrifice, it is possible that it may have been undertaken in obedience to a Vedic injunction; but how can the same be said regarding the Śyena and other malevolent rites? There is no such injunction as that ‘one should kill his enemies’; all that the Veda says is that — ‘if one desires to encompass the death of his enemy, he should, for that purpose, perform the Śyena and such malevolent rites.’ And to the killing of an enemy one is prompted solely by impetuous desire, and the entertaining of such desire has been forbidden, by such texts as — ‘one should not seek to injure any living creature.’ To the performance of the Ahīna sacrifices also people are prompted solely by impetuous desire; as only such people are entitled to it as entertain an eager desire for a definite reward; — but (there is this difference that) in this case neither the desire for the particular reward nor the action leading up to that reward is one that is forbidden. While in the other case in question (that of the Malevolent Rites), both are forbidden: as the general prohibition ‘one should not injure living creatures’ means that ‘one shall undertake an act that leads up to the death of a living creature’; and it is such death which forms the result of the Śyena and other malevolent rites. As regards the Ahīna on the other hand, there is no such prohibition as that — ‘one should not undertake an act that leads to heaven.’”

In answer to this, some people offer the following explanation: — It having been declared (11.33) that ‘speech is the Brāhmaṇa’s weapon,’ the encompassing of the death of an enemy by means of malevolent rites, becomes sanctioned by it. So that the Ahīna and the Malevolent Rite stand upon the same footing.

Thus then an expiation would appear to be necessary only for the priest officiating at these sacrifices (and not for the sacrificer himself).

“As a matter of fact all acts done with a purpose have been forbidden by the general text — selfishness is deprecated’ (2.2).”

What this text means we have explained under that verse itself.

As a matter of fact, in connection with the Ahīna, there may he some Vedic texts sanctioning the act of officiating at it. As regards the Malevolent Rite on the other hand, there is impropriety on the part of the sacrificer also; as is indicated by such texts as — ‘Those who kill by means of the Jyotiṣ, etc., etc.’; and it is for this reason that expiations also have been prescribed in this connection.

So far as the present verse is concerned however, it can he taken as referring to the priests officiating at the Malevolent Rite.

‘Malevolent Rite,’ ‘abhicāra’ is the name given to the encompassing of an enemy’s death by means of the repeating of sacred texts and the offering of oblations, prescribed in the Veda. — (197)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nirṇayasindhu (p. 383); — in Aparārka (p. 1152), which explains ‘antya karma’ as the ‘antyeṣṭi,’ and adds that this refers to one who does the acts on hire, and not merely with a religious motive; and that it refers to the Brāhmaṇa who performs the death-rites for the Kṣatriya and other castes; — the ‘Ahīna’ is the name for all those Ahargaṇa sacrifices which begin with the ‘Dvirātra’ and end with the ‘Dvādaśarātra.’

It is quoted in Parāśaramādhava (Prāyaścitta, p. 429), as laying down the expiation for officiating at sacrifices performed by those who should not perform them; — and in Madanapārijāta (p. 917), which adds the following notes: — ‘Antya karma,’ the rites performed on the cremation ground, — ‘pareṣām,’ non-sapiṇḍas or śūdras, — in the case of the former it is repetition that is reprehensible, and in that of the latter, even the first act; — ‘abhicāra,’ ‘murderous rite,’ is reprehensible, when it is performed against one who has not done any similar act against the man; — the ‘Ahīna’ is a particular kind of sacrifice.

It is quoted in Saṃskāramayūkha (p. 122); — and in Prāyaścittaviveka (p. 247), which says that, as ‘hīna’ means ‘unrighteous,’ ‘ahīna’ means ‘righteous,’ and hence what is forbidden is ‘magical rites against righteous persons.’

 

Comparative notes by various authors:

(verses 11.197-198)

Viṣṇu (54.25). — ‘He who has knowingly offered a sacrifice for an unworthy person, he who has performed the funeral rites for a stranger, he who has practised magic rites, and he who has performed sacrifices of the Ahīna class, — all these may rid themselves of their sin by performing three Kṛcchra penances.’

Āpastamba (1.26.7). — ‘He who has been guilty of conduct unworthy of an Aryan, of calumniating others, of actions contrary to the rules of conduct, of eating or drinking forbidden things, of connection with a woman of the Śūdra caste, of an unnatural crime, of performing magic rites, shall bathe and sprinkle himself with water, reciting the seven verses addressed to Apas, or those addressed to Varuṇa,......... in proportion to the frequency with which the crime has been committed.’

Yājñavalkya (3.289). — ‘One who performs sacrifices for an Apostate, one who performs magic rites for encompassing the death of some person, one who misuses the Veda, or one who abandons a person who has sought his protection, should perform three Kṛcchra penances and subsist upon barley for one year.’

 

 

VERSE 11.198 [Expiation for the abandoning of Refugees]

Section XXIII - Expiation for the abandoning of Refugees

 

शरणागतं परित्यज्य वेदं विप्लाव्य च द्विजः ।
संवत्सरं यवाहारस्तत् पापमपसेधति ॥१९८॥

śaraṇāgataṃ parityajya vedaṃ viplāvya ca dvijaḥ |
saṃvatsaraṃ yavāhārastat pāpamapasedhati ||198||

 

If a twice-born man has abandoned a refugee, or has tampered with the Veda, he atones for that offence by living upon barley for one year. — (198)

 

Medhātithi’s commentary (manubhāṣya):

The ‘refugee’ is of two kinds, as described above (under 190), — ‘abandoning’ — discarding of him, if one is able to afford him protection (is sinful). This has been discussed before.

‘Tampered with the Veda’ — (a) Has studied it on a day on which it should not be studied; — or (b) has interfered with a man who is reading it in the correct form, by telling him some such tiling as — ‘What are you reading? — You have mangled the text,’ — or (c) through greed for wealth recites it, without being invited to do so. The Smṛti has declared that — ‘by reciting the Veda for gain one becomes degraded, says Manu.’ — (198)

 

Explanatory notes by Ganganath Jha:

‘Vedam viplāvya.’ — ‘Having taught the Veda to people who should not be taught’ (Medhātithi, Govindarāja, Kullūka and Nandana); — ‘having wrongly interpreted the Veda or perverted its sense by omitting anusvāras etc.’ (Nārāyaṇa); — ‘having intentionally forgotten the Veda’ (Rāghavānanda).

This verse is quoted in Madanapārijāta (p. 918), which adds the following notes: — If the man abandons one who comes to him seeking safety from some danger, or for the prescription of an expiation, — ‘Vedam viplāvya,’ i.e., reading it within hearing of the Cāṇḍāla or other snob persons, or on days unfit for study.

It is quoted in Aparārka (p. 1152), to the effect that when a man comes to one in the hope of obtaining shelter for his life, and the latter, though capable of saving him, refuses to do so, — similarly one who reads the Veda from an improper person, or in an improper place, or at an improper time, — or learns it from or teaches it to an unqualified person, — both these should live on barley for one year.

 

Comparative notes by various authors:

(verses 11.197-198)

See Comparative notes for Verse 11.197.

 

 

VERSE 11.199 [Expiation for Dog-bite and similar Offences]

Section XXIV - Expiation for Dog-bite and similar Offences

 

श्वशृगालखरैर्दष्टो ग्राम्यैः क्रव्याद्भिरेव च ।
नराश्वोष्ट्रवराहैश्च प्राणायामेन शुध्यति ॥१९९॥

śvaśṛgālakharairdaṣṭo grāmyaiḥ kravyādbhireva ca |
narāśvoṣṭravarāhaiśca prāṇāyāmena śudhyati ||199||

 

When bitten by a dog, or a jackal, or an ass, or by a tame carnivorous animal, or by a man, or a camel, or a pig — he becomes pure by ‘breath-suppression.’ — (199)

 

Medhātithi’s commentary (manubhāṣya):

‘Bitten’ — with the teeth.

‘Tame carnivorous animal’ — such as the cat, the ichneumon and so forth. — (199)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.277); — in Aparārka (p. 1135); — and in Prāyaścittaviveka (pp. 11 and 448).

 

Comparative notes by various authors:

Gautama (23.7). — ‘If one has been bitten by a carnivorous beast, or a camel or an ass or a tame cock or a tame pig, he shall thrice suspend his breath and eat clarified butter.’

Vaśiṣṭha (23.31). — ‘A Brāhmaṇa who has been bitten by a dog becomes pure if he goes to a river flowing into the ocean, bathes there, suppresses his breath one hundred times and eats clarified butter.’

Viṣṇu (54.12). — ‘He who has been bitten by a dog, a jackal, a tame pig, an ass, an ape, a crow, or a public prostitute, shall approach a river and standing there shall suspend his breath sixteen times.’

Yājñavalkya (3.277). — ‘One who has been bitten by a wanton woman, an ape, an ass, a dog, a camel or crows, becomes pure by performing breath-suspension in water and then eating clarified butter.’

 

 

VERSE 11.200 [Expiation for the Man excommunicated from Repasts]

Section XXV - Expiation for the Man excommunicated from Repasts

 

षष्ठान्नकालता मासं संहिताजप एव वा ।
होमाश्च सकला नित्यमपाङ्क्त्यानां विशोधनम् ॥२००॥

ṣaṣṭhānnakālatā māsaṃ saṃhitājapa eva vā |
homāśca sakalā nityamapāṅktyānāṃ viśodhanam ||200||

 

For persons excommunicated from repasts, the purification consists in (a) eating at the sixth meal-time, reciting the Vedic text, and the daily offering of the ‘Sākala homa,’ for a month. — (200)

 

Medhātithi’s commentary (manubhāṣya):

‘Excommunicated from repasts’ — as described in Discourse III; in connection with each one of whom, distinct expiations have been prescribed elsewhere.

For these there should be, for one month — (a) the reciting of the Vedic text, (b) the ‘Sākala Homa’ and (c) eating at the sixth meal-time; — all three combined.

The ‘Sākala Homa’ is that which is offered with wooden sticks (?) and with the mantra ‘Devakṛtasya, etc., etc.’ (Vāja-saneya-Saṃhitā, 8. 13).

‘Daily.’ — This has been added in older to show that even after the reciting of the Vedic text has been finished, this offering shall be continued, till the end of the month. — (200)

 

Explanatory notes by Ganganath Jha:

See above 3.151 et. seq. for ‘Apāṅktyas’; and Śuklayajurveda-saṃhitā (8.13) for the Śākala-homas.

This verse is quoted in Aparārka (p. 1158), which notes that the ‘Apāṅktyas’' have been described by Manu himself under the section on ‘śrāddhas’; — and in Mitākṣarā (3.286), and again under 3.289, where it is added that the particular expiation to be performed is to be determined by considerations of the caste of the offender and such other circumstances.

 

 

VERSE 11.201 [Expiation for riding a Camel and other similar Offences]

Section XXVI - Expiation for riding a Camel and other similar Offences

 

उष्ट्रयानं समारुह्य खरयानं तु कामतः ।
स्नात्वा तु विप्रो दिग्वासाः प्राणायामेन शुध्यति ॥२०१॥

uṣṭrayānaṃ samāruhya kharayānaṃ tu kāmataḥ |
snātvā tu vipro digvāsāḥ prāṇāyāmena śudhyati ||201||

 

If a Brāhmaṇa intentionally hides a conveyance drawn by a camel, or one drawn by asses, — or if he bathes naked, — he becomes pure by ‘breath-suppression.’ — (201)

 

Medhātithi’s commentary (manubhāṣya):

‘Uṣṭra-yāna’ is a cart to which a camel is yoked.

Riding on the camel itself would involve a heavier expiation, — in the shape of the repetition of ‘Breath-control.’

‘Digvāsā’ — naked.

For the atonement of the offence of being naked, the man should bathe along with his clothes, and then perform the ‘Breath-suppression.’ — (201)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1184), which adds that in the case of the offence being unintentional, the expiation is to consist of bathing only; — and in Prāyaścittaviveka (p. 462).

 

Comparative notes by various authors:

Yājñavalkya (3.291). — ‘The man who rides in a cart drawn by an ass or a camel should perform breath-suspension in water.’

Viṣṇu (54.23). — ‘One who has been riding upon a camel, or upon an ass, and one who has bathed, or slept, or eaten, quite naked, must suspend his breath thrice.’

 

 

VERSE 11.202

Section XXVI - Expiation for riding a Camel and other similar Offences

 

विनाऽद्भिरप्सु वाऽप्यार्तः शारीरं संनिषेव्य च ।
सचैलो बहिराप्लुत्य गामालभ्य विशुध्यति ॥२०२॥

vinā'dbhirapsu vā'pyārtaḥ śārīraṃ saṃniṣevya ca |
sacailo bahirāplutya gāmālabhya viśudhyati ||202||

 

If, on being pressed, one passes bodily refuse, either without water, or in water, he becomes pure by bathing in his clothes, outside and touching a cow. — (202)

 

Medhātithi’s commentary (manubhāṣya):

‘Without water’ — when water is not at hand, or not visible.

‘Pressed’ — overfull with excreta.

‘Bodily refuse’ — urine or ordure.

On ‘passing’ these, one should bathe ‘in his clothes’ — the clothes in which he committed the act.

‘Outside’ — the village.

‘Bathing’ — becoming immersed in water; and ‘touching’ a cow, — he becomes pure. — (202)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.293), which adds the following notes — ‘Vinā adbhiḥ’, when there is no water near at hand, — ‘śārīram,’ the passing of urine and stools; — it adds that this refers to cases where the act has been done unintentionally.

It is quoted in Aparārka (p. 1187), which explains ‘Śārīram’ as the passing of urine and stools; — and in the Prāyaścittaviveka (p. 456), which explains ‘Śārīram’ as ‘the passing of urine or stools,’ and says that it refers to cases where the man omits the use of water on account of dire urgency.

 

Comparative notes by various authors:

Yama (Aparārka, p. 1187). — ‘When a Brāhmaṇa is travelling in places where there is no water, if he happen to become unclean, he should plunge into water with clothes on, as soon as he finds it; or he may repeat the Gāyatrī a hundred times, which is the highest kind of Bath.’

 

 

VERSE 11.203

Section XXVI - Expiation for riding a Camel and other similar Offences

 

वेदोदितानां नित्यानां कर्मणां समतिक्रमे ।
स्नातकव्रतलोपे च प्रायश्चित्तमभोजनम् ॥२०३॥

vedoditānāṃ nityānāṃ karmaṇāṃ samatikrame |
snātakavratalope ca prāyaścittamabhojanam ||203||

 

For the neglect of the compulsory duties laid down by the Veda, and for the omission of the observances of the Accomplished Student, — the expiation is fasting. — (203)

 

Medhātithi’s commentary (manubhāṣya):

The duties laid down in the Veda are — (a) the Śrauta sacrifices, Darśapūrṇamāsa and the rest and (b) the Smārta rites of the Twilight Prayers and the rest. These latter also are regarded as ‘laid down in the Veda,’ because Smṛtis have their source in the Veda.

‘The observances of the Accomplished Student’ — e.g., ‘He shall not wear over-worn or dirty clothes’ and so forth.

If these are omitted, the offender should fast for one day.

In connection with the omission of the Śrauta rites, some sacrifices have been prescribed by way of expiation; and with these the ‘fasting’ here prescribed is to be combined.

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 809): — in Nirṇayasindhu (pp. 84 and 345); — in Vīramitrodaya (Saṃskāra, p. 579); — in Madanapārijāta (p. 957), to the effect that in the ease of the omission of those Śrauta and Smāṛta rites for which, no specific expiation is prescribed, the fasting here laid down series as the expiation; and where a specific expiation has been prescribed, it has to be done along with this fasting; — in Aparārka (p. 1188), which explains ‘abhojanam’ as fasting, and adds the same note as the above; — in Parāśaramādhava (Prāyaścitta p. 443), which adds that this fasting has to he done along with the rites specifically prescribed; — in Mitākṣarā (3.242); — in Prāyaścittaviveka (pp. 286 and 368), which says that this refers to a single omission, — and explains ‘Snātaka’ as ‘house-holder’; — and in Saṃskāraratnamālā (p. 357), which says that this refers to cases of unintentional omission.

 

Comparative notes by various authors:

Viṣṇu (54.29). — ‘For omitting one of the compulsory acts enjoined in the revealed law, and for the breach of the rules laid down for the Accomplished Student, a fast is ordained as the atonement.’

 

 

VERSE 11.204 [Expiation for hurting and insulting a Brāhmaṇa]

Section XXVII - Expiation for hurting and insulting a Brāhmaṇa

 

हुङ्कारं ब्राह्मणस्योक्त्वा त्वङ्कारं च गरीयसः ।
स्नात्वाऽनश्नन्नहः शेषमभिवाद्य प्रसादयेत् ॥२०४॥

huṅkāraṃ brāhmaṇasyoktvā tvaṅkāraṃ ca garīyasaḥ |
snātvā'naśnannahaḥ śeṣamabhivādya prasādayet ||204||

 

If a man has uttered the syllable ‘hum’ against a Brāhmaṇa, or has addressed a superior person as ‘thou,’ — he shall bathe, fast for the rest of the day and having saluted him, shall propitiate him. — (204)

 

Medhātithi’s commentary (manubhāṣya):

The syllable ‘hum’ is uttered as a sign of anger and insult; e.g., in such expressions as — ‘Keep quiet, hum! don’t speak like this’ and so forth; — the syllable ‘hum’ being uttered by way of a prohibition.

‘Against a Brāhmaṇa,’ — be he older, or equal or younger, a pupil or a son.

Similarly — ‘if he addresses a superior person as “Thou,”’ — e.g., ‘Thou sayest so,’ ‘thou didst this.’

The expiation here laid down is for the use of the singular form of the pronoun ‘Yuṣmat’; and no significance is meant to be attached to the special Nominative-ending (in the term ‘tvam’ here used). In actual usage, speaking to their superiors, people make use of such forms as ‘Yuṣmāsu’ the Plural form (in the Locative).

‘Should bathe and fast’ — which moans the dropping of the morning-meal.

‘Having saluted’ — fallen on his feet, — ‘he shall propitiate him’ — make him give up his anger — and then take his meal. — (204)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1185); — and in Parāśaramādhava (Prāyaścitta, p. 355), as laying down fasting.

 

Comparative notes by various authors:

(verses 11.204-206)

Parāśara (11.49-50). — (Same as Manu.)

Yājñavalkya (3.292). — ‘For addressing one’s elder with such disrespectful terms as “Tvam” and “Hum,” for defeating him in a discussion, or for binding him with a cloth, one should immediately appease him and fast during the day.’

Yama (Aparārka, p. 1185). — ‘For addressing unspeakable words to a Brāhmaṇa, the expiation ordained is that the man should perform the Kṛcchrātikṛcchra penance and appease the insulted person by falling at his feet; and for tying a cloth round his neck, the expiation prescribed is that the man shall fast for three days and appease him by falling at his feet. If one falsely calumniates the Brāhmaṇa, or injures him, he shall fast for one day, or for three days, or for six days, according to circumstances.’

 

 

VERSE 11.205

Section XXVII - Expiation for hurting and insulting a Brāhmaṇa

 

ताडयित्वा तृणेनापि कण्ठे वाऽबध्य वाससा ।
विवादे वा विनिर्जित्य प्रणिपत्य प्रसादयेत् ॥२०५॥

tāḍayitvā tṛṇenāpi kaṇṭhe vā'badhya vāsasā |
vivāde vā vinirjitya praṇipatya prasādayet ||205||

 

Having struck him even with a blade of grass, or having tied him in the neck with a cloth, or having defeated him in an altercation, — one shall bow to him and appease him. — (205)

 

Medhātithi’s commentary (manubhāṣya):

‘Having struck him with a blade of grass,’ — which may not cause any pain at all.

‘Having tied’ — ever so gently — ‘him in the neck with a cloth.’

‘Having defeated him in an altercation,’ — in an ordinary quarrel.

‘Bow to him’ — humbly, — and ‘appease him’

This rule does not apply to scientific debates or wranglings. — (205)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1185).

 

Comparative notes by various authors:

(verses 11.204-206)

See Comparative notes for Verse 11.204.

 

 

VERSE 11.206

Section XXVII - Expiation for hurting and insulting a Brāhmaṇa

 

अवगूर्य त्वब्दशतं सहस्रमभिहत्य च ।
जिघांसया ब्राह्मणस्य नरकं प्रतिपद्यते ॥२०६॥

avagūrya tvabdaśataṃ sahasramabhihatya ca |
jighāṃsayā brāhmaṇasya narakaṃ pratipadyate ||206||

 

If, with the intention of injuring a Brāhmaṇa, one has threatened him, he shall remain in hell for a hundred years; and for one thousand years, if he has struck him. — (206)

 

Medhātithi’s commentary (manubhāṣya):

This is a prohibition of threatening; the rest is purely declamatory.

‘Jighāṃsayā’ — with the intention of injuring, if one raises a stick or some such weapon, — ‘he remains in hell for a hundred years’; — and ‘for one thousand years, if he has actually struck him.’

‘With the intention of injuring’ — i.e., not in mere joke. — (200)

 

Explanatory notes by Ganganath Jha:

Cf. 4.165, 167-169.

Tins verse is quoted in Aparārka (p. 223).

 

Comparative notes by various authors:

(verses 11.204-206)

See Comparative notes for Verse 11.204.

 

 

VERSE 11.207

Section XXVII - Expiation for hurting and insulting a Brāhmaṇa

 

शोणितं यावतः पांसून् सङ्गृह्णाति महीतले ।
तावन्त्यब्दसहस्राणि तत्कर्ता नरके वसेत् ॥२०७॥

śoṇitaṃ yāvataḥ pāṃsūn saṅgṛhṇāti mahītale |
tāvantyabdasahasrāṇi tatkartā narake vaset ||207||

 

As many particles of dust on the ground as Brāhmaṇa’s blood coagulates, for so many thousand years will the shedder (of that blood lie in hell. — (207)

 

Medhātithi’s commentary (manubhāṣya):

‘Brāhmaṇa’s blood’ — falling on the ground as the result of the stroke of the stick or other weapons; — ‘as many particles of dust this coagulates, — so many thousand years will the shedder’ of that blood dwell in hell.

This also is purely declamatory. — (207)

 

Comparative notes by various authors:

Mahābhārata (12.165.45). — (Same as Manu.)

 

 

VERSE 11.208

Section XXVII - Expiation for hurting and insulting a Brāhmaṇa

 

अवगूर्य चरेत् कृच्छ्रमतिकृच्छ्रं निपातने ।
कृच्छ्रातिकृच्छ्रौ कुर्वीत विप्रस्योत्पाद्य शोणितम् ॥२०८॥

avagūrya caret kṛcchramatikṛcchraṃ nipātane |
kṛcchrātikṛcchrau kurvīta viprasyotpādya śoṇitam ||208||

 

On threatening a Brāhmaṇa, one shall perform the Kṛcchra; on striking him, the Atikṛcchara, and on shedding his blood, both the Kṛcchra and the Atikṛcchra. — (208)

 

Medhātithi’s commentary (manubhāṣya):

This propounds the expiation for the offences described above.

The ‘shedding of blood’ spoken of here is something different from ‘causing pain to a Brāhmaṇa’ mentioned above (under 67); or the two may be regarded as optional alternatives. — (208)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 479); — in Mitākṣarā (3.280), which remarks that when bleeding is brought about, it must involve both ‘threatening’ (avagūraṇa) and ‘striking’ (nipātana), — as without these there could be no wounding but in the case of bleeding, the expiation would be ‘Kṛcchrātikṛcchra’ (which is prescribed for the bleeding), and not ‘Kṛcchra’ and ‘Atikṛcchra’ also (which are prescribed separately for ‘threatening’ and ‘striking’ respectively); — and in Prāyaścittaviveka (p. 464).

 

Comparative notes by various authors:

Baudhāyana (2.1.7). — ‘He who has raised his hand against a Brāhmaṇa shall perform a Kṛcchra penance; an Atikṛcchra penance, if he strikes him; Kṛcchra and Cāndrāyaṇa, if blood flows.’

Viṣṇu (54.30). — ‘For attacking a Brāhmaṇa, the Kṛcchra penance should be performed; for striking him, the Atikṛcchra; and for fetching blood from him, the Kṛcchrātikṛcchra.’

Parāśara (11.51). — (Same as Manu.)

Yājñavalkya (3.293). — ‘For raising a stick against a Brāhmaṇa, the Kṛcchra penance; for striking him, the Atikṛcchra; for fetching his blood, the Kṛcchrātikṛcchra; for inflicting such hurt as keeps the blood within the skin, the Kṛcchra should be performed.’

 

 

VERSE 11.209 [General Expiation: covering all Unspecified Cases]

Section XXVIII - General Expiation: covering all Unspecified Cases

 

अनुक्तनिष्कृतीनां तु पापानामपनुत्तये ।
शक्तिं चावेक्ष्य पापं च प्रायश्चित्तं प्रकल्पयेत् ॥२०९॥

anuktaniṣkṛtīnāṃ tu pāpānāmapanuttaye |
śaktiṃ cāvekṣya pāpaṃ ca prāyaścittaṃ prakalpayet ||209||

 

For the atonement of offences for which no expiation has been prescribed, one should fix an expiation after taking into consideration the man’s capacity and the nature of the offence. — (209)

 

Medhātithi’s commentary (manubhāṣya):

For those wrongful deeds for which no expiation has been prescribed, — e.g., the killing of men belonging to the mixed castes of the reverse order, such as the Caṇḍāla and the like, — ‘one shall fix the expiation.’

“In the present work itself, it has been declared that — ‘for killing animals with bones, one may give something to a Brāhmaṇa’ (Verse 141); and this should include the Caṇḍāla and others.”

In that verse, inasmuch as the said animals are spoken of along with ‘boneless animals,’ it follows that only very small animals are meant; and what is there laid down cannot, apply to animals with very large bodies (such as human beings, etc.).

“It having been declared that there are only four castes, and no fifth one, the Caṇḍāla and other inversely mixed castes should all fall under the ‘Śūdra.’”

Simply because there is no fifth caste, it does not follow that the men in question must be Śūdras. Since everyone of these has a distinct characteristic of his own. For instance, ‘the Śūdra is born of a Śūdra father from a married wife of the same caste,’ while the others in question are all born of mixtures of castes. Consequently the expiation for the killing of these cannot he the same as that for the killing of a Śūdra. Nor could it he met by the ‘giving away of something to a Brāhmaṇa.’

‘Capacity’ — of the offender to perform penances; i.e., it shall he considered whether the man is capable of performing a penance or making gifts.

‘Nature of the offence’ — that is, for causing injury to living creatures, it shall he the expiation definitely prescribed for that offence; similarly for eating improper food; and so forth. Similarly the relative heaviness or lightness of the offence should also be taken into consideration.

“How can the heaviness or lightness of a certain offence be determined ? If it be held that it could be determined by the heaviness of the expiation prescribed for it, — then, it has to be borne in mind that what is asserted here refers to offences in connection with which no expiations have been prescribed.”

True; but an offence would be recognised as heavy when the declamatory passage in connection with it would be found to speak of grave evils attending it; as also when it would be found to be committed intentionally.

Further, the present text does not necessarily refer to only such offences as have no expiations prescribed for them. In fact, in other cases also the exact expiation shall he determined by considerations here set forth.

“How do you get at this?”

We deduce this from the fact that Expiation and Punishment stand on the same footing; and in connection with Punishments, the said considerations have been held to apply to the cases in connection with which definite punishments have been laid down, as well as those in connection with which no punishments have been definitely prescribed. Further, inasmuch as the texts have all along spoken of the comparative heaviness and lightness of offences, the determining of the exact expiation must depend upon the said considerations. For these reasons it follows that what, is here stated applies to all cases — those in connection with which special expiations have been prescribed, as also those in connection with which they have not been prescribed. — (209)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 42).

 

Comparative notes by various authors:

Viṣṇu (54.34). — ‘In order to remove those sins for which no particular mode of expiation has been mentioned, penances must be prescribed which shall be in accordance with the ability of the offender, and with the heaviness of the offence.”

Yājñavalkya (3.293). — ‘In cases wherefore no expiation has been indicated, the penance should be prescribed after due consideration of the place, time, age, capability and the nature of the offence.’

 

 

VERSE 11.210 [Description of the Expiatory Penances]

Section XXIX - Description of the Expiatory Penances

 

यैरभ्युपायैरेनांसि मानवो व्यपकर्षति ।
तान् वोऽभ्युपायान् वक्ष्यामि देवर्षिपितृसेवितान् ॥२१०॥

yairabhyupāyairenāṃsi mānavo vyapakarṣati |
tān vo'bhyupāyān vakṣyāmi devarṣipitṛsevitān ||210||

 

I am now going to describe to you those methods, adopted by gods and sages and Pitṛs, by means of which a man may wipe off his sins. — (210)

 

Medhātithi’s commentary (manubhāṣya):

“The methods have been already described: ‘In such and such case it shall be the Cāndrāyaṇa,’ ‘in that the Prājāpatya,’ and ‘in that other the Twelve-year-long Penance,’ and so forth.”

True; but they have been only named; it is now that they are going to have their forms and procedure described.

‘Abhyupāya’ is the same as ‘upāya,’ ‘method.’

‘Wipes off’ — washes off.

‘By gods, etc.’ — This is purely commendatory.

‘Man.’ — This term is used in order to show that what is spoken of pertains to all castes. — (210)

 

 

VERSE 11.211

Section XXIX - Description of the Expiatory Penances

 

त्र्यहं प्रातस्त्र्यहं सायं त्र्यहमद्यादयाचितम् ।
त्र्यहं परं च नाश्नीयात् प्राजापत्यं चरन् द्विजः ॥२११॥

tryahaṃ prātastryahaṃ sāyaṃ tryahamadyādayācitam |
tryahaṃ paraṃ ca nāśnīyāt prājāpatyaṃ caran dvijaḥ ||211||

 

The twice-born, who is performing the Prājāpatya, shall eat in the morning for three days, then in the evening for three days, then for three days food got unasked, and for the next three days he shall not eat. — (211)

 

Medhātithi’s commentary (manubhāṣya):

Though it is the opening of the day that is called ‘morning,’ yet here the term stands for the forenoon.

This rule regarding eating in the morning precludes eating at random. It is only at midday that such random meals could be obtained unasked from people who would offer such meals in accordance with the rule that ‘gifts to men shall be made at midday.’ If this could be laid down as to he done in the morning, then the midday meal would be precluded, but not the evening meal. Thus between the two optional meals — of the morning and the midday — if one of them is further emphasised, the other becomes excluded. And this would be only right, since it is a penance that is prescribed here; — taking a single meal during the day having been mentioned among ‘penances.’ And it is also a ‘tapas,’ an austerity, in the sense that it causes inconvenience, ‘tāpayati.’ If the second meal were to be precluded, it would be the evening meal that would be so.

Others have held that when the text says that one should have sacrificial food in the morning,’ what is meant is that only a small quantity of food shall be taken. Because people who are in the habit of an early breakfast have only a light meal in the morning, and when the man hikes his meal only when the cooking has been finished, he is said to be an ‘ordinary eater.’

‘In the evening’ — during the next three days.

After that, for three days, he is to live upon ‘sacrificial food’; since writers on Smṛti have declared that — ‘Having oaten a little one should retiro to rest.’ In the case of eating ‘food got unasked,’ also, the food shall consist of ‘sacrificial food’ and shall be taken once only. In one’s own house also, when food is obtained by ordering the servants to ‘fetch food,’ — it is food got after asking (not ‘unasked’), as ‘asking’ stands for any form of request, and is equally applicable to orders and requests also. So that in one’s own house also the man shall eat only that which his wife and others bring to him without his asking for it, — and not anything else. — (211)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 25), as describing the form of the ‘Prājāpatya’ penance; — again on p. 460 to the same effect; — in the Madanapārijāta (p. 710); — in Aparārka (p. 1236); — in Smṛtitattva (p. 481 and p. 541); — in Prāyaścittaviveka (p. 508); — and in Saṃskāraratnamālā (p. 781).

 

Comparative notes by various authors:

Gautama (26.1-5). — ‘Now we shall describe the Kṛcchras. During three days, he shall eat at the morning-meal, sacrificial food, and fast in the evening. Next he shall eat sacrificial food during another period of three days, in the evening. Next, during another period of three days, he shall not ask anything for food. Next, he shall fast during another period of three days.’

Baudhāyana (2.238). — ‘Eating during three days in the morning only, during the next three days in the evening only, subsisting during another three days on food given unasked, and fasting during three days, — that is a Kṛcchra penance.’

Do. (4.5.6-7). — ‘The Kṛcchra penance revealed by Prajāpati lasts twelve days, which are divided into four separate periods of three days; during the first period of three days, he eats in the day-time only; during the second, at night only; during the third, he subsists on food given without asking; and during the fourth, he lives on air. If one eats one day in the morning only, and on the following day at night only; on the next day, food given without asking; and on the fourth day, subsists on air, and repeats this three times, — that is called the Kṛcchra penance of children.’

Āpastamba (1.27.7). — ‘The rule for the Kṛcchra penance of twelve days is the following: — For three days he must not eat in the evening, and then for three days, not in the morning; for three days he must live on food given unasked; and for three days he must not eat anything.’

Vaśiṣṭha (21.20). — ‘During three days, he eats in the daytime only; and during the next three days, at night only; he subsists during another period of three days, on food offered without asking; and finally, he fasts during three days. That is a Kṛcchra penance.’

Viṣṇu (46.10). — ‘Let a man for three days eat in the evening only; for another three days in the morning only; for further three days, food given unsolicited; and let him fast entirely for three days; — that is the Prājāpatya.’

Yājñavalkya (3.320). — ‘When the Pāda-Kṛcchra is in some way repeated threefold, it is called Prājāpatya. [ Pāda-Kṛcchra being that in which the man eats once only during the day and night on one day, on the next day at night only, on the third day, food got unasked, and on the fourth day he fasts].’

 

 

VERSE 11.212

Section XXIX - Description of the Expiatory Penances

 

गोमूत्रं गोमयं क्षीरं दधि सर्पिः कुशोदकम् ।
एकरात्रोपवासश्च कृच्छ्रं सान्तपनं स्मृतम् ॥२१२॥

gomūtraṃ gomayaṃ kṣīraṃ dadhi sarpiḥ kuśodakam |
ekarātropavāsaśca kṛcchraṃ sāntapanaṃ smṛtam ||212||

 

Taking cow’s urine, cow-dung, milk, curds, clarified butter, kuśa-water, and fasting for one day, — has been declared to be ‘Sāntapana Kṛcchra’ — (212)

 

Medhātithi’s commentary (manubhāṣya):

They say that on one day there should be a combination of cow’s urine and other tilings down to ‘Kuśa-water’; and this is to be followed by fastingy for one ḍay. Thus the ‘Sāntapana’ lasts for two days.

Others hold that each of the things named has to be eaten on one day, — as no combination is found mentioned anywhere; — and according to this view, the ‘Sāntapana’ would last for seven days. Both these views have been held by another Smṛti text. — (212)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 513), which says that this penance requires seven days for its completion; — and in Saṃskāraratnamālā (p. 782).

 

Comparative notes by various authors:

Baudhāyana (4.5.11). — ‘If one lives one day on cow’s urine, one day on cow-dung, one day on milk, one day on sour milk, one day on clarified butter, one day on a decoction of Kuśa grass, and during one day and night, on air; that is called the Sāntapana Kṛcchra.’

Vaśiṣṭha (27.13). — ‘Subsisting during one day on each of the following substances — cow’s urine, cowdung, milk, sour milk, butter, and decoction of Kuśa- grass, — and fasting on the seventh day — purifies even him who fears that he has partaken of the food of a Caṇḍāla.’

Parāśara (10.29). — (Same as Manu.)

Viṣṇu (46, 19). — ‘Subsisting one day on cow’s urine and cowdung, milk, sour milk, butter and water in which Kuśa grass has been boiled, and fasting the next day, is called Sāntapana.’

Yājñavalkya (3.315). — ‘Kuśa-water, cow’s milk, sour milk, urine, cowdung, and butter, — having eaten these, if one fasts on the following day, it is Sāntapana Kṛcchra.’

 

 

VERSE 11.213

Section XXIX - Description of the Expiatory Penances

 

एकैकं ग्रासमश्नीयात् त्र्यहाणि त्रीणि पूर्ववत् ।
त्र्यहं चोपवसेदन्त्यमतिकृच्छ्रं चरन् द्विजः ॥२१३॥

ekaikaṃ grāsamaśnīyāt tryahāṇi trīṇi pūrvavat |
tryahaṃ copavasedantyamatikṛcchraṃ caran dvijaḥ ||213||

 

The twice-born man who is performing the ‘Atikṛcchra’ shall eat only one mouthful at each of the three times mentioned above, for three days, — and shall fast during the last three days. — (213)

 

Medhātithi’s commentary (manubhāṣya):

‘Mentioned before.’ — This refers to what has been said in connection with the ‘Prājāpatya.’

At each of these times, he shall eat one mouthful. — (213)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.320), which notes that the quantity of food here prescribed being less than even a ‘handful’, this must refer to cases where the person concerned is strong enough to live upon that quantity of food; — in Aparārka (p. 1238), which adds that there is to be option between ‘a morsel’ and ‘a handful’, — the one to be adopted being dependent upon the strength of the offender and upon the nature of the offence; — and in Madanapārijāta (p. 715), which explains ‘trīṇi tryahāṇi’ as nine days.

 

Comparative notes by various authors:

Baudhāyana (4.5.8). — ‘If one eats one mouthful only at each meal, following, during three periods of three days, the rules given above, and subsists, during another three days, on air, that is called the Atikṛcchra penance.’

Do. (2.2.40). — ‘If, while observing the rules of the Kṛcchra, one eats at each meal only one mouthful, that is the Atikṛcchra penance.’

Gautama (26.18-19). — ‘By the rules regarding the Kṛcchra, the Atikṛcchra also becomes explained; but when he performs this latter, he shall eat only as much as he can take at one mouthful.’

Vaśiṣṭha (24.1-2). — ‘Let him take as much as he can at one mouthful, and follow the rules of the Kṛcchra, — that is the Atikṛcchra.’

Yājñavalkya (3.320). — (See under 211.)

Yājñavalkya (3.311). — ‘The Prājāpatya comes to be called the Atikṛcchra when at each meal, the man eats only a handful.’

 

 

VERSE 11.214

Section XXIX - Description of the Expiatory Penances

 

तप्तकृच्छ्रं चरन् विप्रो जलक्षीरघृतानिलान् ।
प्रतित्र्यहं पिबेदुष्णान् सकृत्स्नायी समाहितः ॥२१४॥

taptakṛcchraṃ caran vipro jalakṣīraghṛtānilān |
pratitryahaṃ pibeduṣṇān sakṛtsnāyī samāhitaḥ ||214||

 

The Brāhmaṇa who is performing the ‘Tapta-Kṛcchra’ shall drink hot water, hot milk, hot clarified butter and hot air, — each for three days; bathing once and having his mind concentrated. — (214)

 

Medhātithi’s commentary (manubhāṣya):

At the same time as stated above, he shall drink water and other things, — in quantities just enough not to satiate him. In some places we find the exact measure laid down — ‘of water he shall drink three palas, of clarified butter, one pala, of milk he shall drink two palas, and of hot air, three palas.’

‘Bathing once.’ — This is an exception to the general rule that one shall bathe thrice during the day and thrice during the night. — (214)

 

Explanatory notes by Ganganath Jha:

This v erse is quoted in Madanapārijāta (p. 735), which explains the meaning to be that ‘he should live for three days each upon water, milk, and clarified butter and air’; — thus the penance being Completed in twelve days; — in Prāyaścittaviveka (p. 511), which says that the ‘drinking of hot air’ is done by inhaling the vapour emanating from hot milk; and that this penance is completed in twelve days; — in Saṃskāraratnamālā (p. 782); — and in Yatidharmasaṅgraha (p. 7).

 

Comparative notes by various authors:

Baudhāyana (2.2.37). — ‘Subsisting on water, milk, clarified butter, and fasting, — each for three days, and taking the three fluids hot, — that is Taptakṛcchra penance.’

Do. (4.5.10). — ‘If one drinks hot milk, hot clarified butter, and a hot decoction of Kuśa grass, each during three days, and fasts during another three days, that is called the Taptakṛcchra.’

Vaśiṣṭha (21.21). — ‘Let him drink hot water during three days; hot milk during the next three days; after drinking, during another three days, hot clarified butter, he shall subsist on air during the last three days. That is the Taptakṛcchra penance.’

Viṣṇu (46.11). — ‘Let him drink for three days hot water, for another three days, hot clarified butter; and for further three days, not milk, and let him fast for three days. That is the Taptakṛcchra.’

 

 

VERSE 11.215

Section XXIX - Description of the Expiatory Penances

 

यतात्मनोऽप्रमत्तस्य द्वादशाहमभोजनम् ।
पराको नाम कृच्छ्रोऽयं सर्वपापापनोदनः ॥२१५॥

yatātmano'pramattasya dvādaśāhamabhojanam |
parāko nāma kṛcchro'yaṃ sarvapāpāpanodanaḥ ||215||

 

If a man, self-controlled and guarded, fasts for twelve days, — this constitutes the ‘Kṛcchra’ name ‘Parāka’, which removes all sins. — (215)

 

Medhātithi’s commentary (manubhāṣya):

‘Self-controlled’ — with the senses under control, not longing for music and such amusements.

‘Guarded’ — ever bent upon the penance.

This is purely commendatory, being common to all forms of ‘Kṛcchra’ (and not restricted to the Parāka only). — (215)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 26), as describing the form of the ‘Parāka’ penance; — in Smṛtitattva (p. 546); — and in Prāyaścittaviveka (p. 514).

 

Comparative notes by various authors:

Baudhāyana (4.5.15). — ‘If self-restrained and attentive, he fasts during twelve days, that is called the Parākakṛcchra, which destroys all sin.’

Viṣṇu (46.18). — ‘A total fast for twelve days is called Parāka.’

Yājñavalkya (3.320). — ‘A twelve days’ fast has been called Parāka.’

 

 

VERSE 11.216

Section XXIX - Description of the Expiatory Penances

 

एकैकं ह्रासयेत् पिण्डं कृष्णे शुक्ले च वर्धयेत् ।
उपस्पृशंस्त्रिषवणमेतत्चाण्ड्रायणं स्मृतम् ॥२१६॥

ekaikaṃ hrāsayet piṇḍaṃ kṛṣṇe śukle ca vardhayet |
upaspṛśaṃstriṣavaṇametatcāṇḍrāyaṇaṃ smṛtam ||216||

 

If one reduces his food by one morsel daily during the dark half of the month, and increases it during the light half, — bathing at the three ‘extractions,’ — it is what has been called the ‘Cāndrāyaṇa.’ — (216)

 

Medhātithi’s commentary (manubhāṣya):

Having fasted on the fourteenth day, on the next day, or the Full moon-day, he shall take fifteen morsels; the exact measure of the ‘morsel’ in this connection should be understood to be as mentioned in another Smṛti (Gautama, 27.10), the words ‘āpyāyasra...... the measure of the morsel being the quantity that does not distort the face.’ As all the Smṛtis deal with the same subject, they should be taken as mutually complementary, so long as there is no inconsistency; and in cases of inconsistency, the two views should he taken as optional alternatives.

Beginning with the first again, be shall reduce his food by one morsel each day, — taking fourteen morsels on the first, thirteen on the second, and so on, till on the fourteenth he takes only one morsel. Then having fasted on the New-moon day (the fifteenth), he shall cat only one morsel on the first, two on the second, and so on increasing it by one morsel everyday, till it comes to fifteen on the Full-moon day.

‘Upaspṛśan’ — bathing.

‘At the three extractions’ — i.e., in the morning, at midday and in the evening. This precludes the general rule that ‘the man shall bathe thrice during the night,’ — the present being a special rule. — (216)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 240), as laying down the ‘three times bathing’ as part of the ‘Cāndrāyāṇa’ penance; — in Madanapārijāta (p. 742), where ‘triṣavaṇam’ is explained as the three ‘sandhyās’, morning, evening and mid-day; — in Aparārka (p. 1243), which adds that this penance is called ‘barley-shaped’ and ‘ant-shaped’, the latter when it is begun on the first day of the darker fortnight; — and in Prāyaścittaviveka (p. 516).

 

Comparative notes by various authors:

Vaśiṣṭha (23.45). — ‘On the first day of the dark half of the month, let him eat fourteen mouthfuls, and diminish the number by one daily, till the end of the fortnight; in like manner, let him eat one mouthful on the first day of the light half of the month and daily increase the number by one, till the end of the fortnight.’

Do. (27.21). — ‘Let him add daily one mouthful to his food during the bright half of the month, let him diminish it daily by one mouthful during the dark half, and let him fast on the moonless day; that is the rule for the Cāndrāyaṇa.’

Parāśara (10.2). — (Same as Manu.)

Gautama (27.12-13). — ‘On the full-moon day, he shall eat fifteen mouthfuls, and during the dark half of the month daily diminish his portion by one mouthful; he shall fast on the moonless day, and during the bright half of the month daily increase his portion by one mouthful. According to some, it should be the other way. That is a month occupied by the Cāndrāyaṇa penance.’

Baudhāyana (3.8, 19-27; also, 4.517). — ‘On the first day of the latter half of the month, he eats fourteen mouthfuls; thus he takes every day one mouthful less, up to the moonless day; on the moonless day there is not even a mouthful to be taken; on the first day of the first half of the month one mouthful may be eaten, on the second, two; thus he daily increases his meal by one mouthful up to the full-moon day. On the full-moon day, he makes an offering to Agni and to other deities... and then gives a cow to a Brāhmaṇa. This is the Ant-shaped Cāndrāyaṇa. If it is performed in the reverse order it is the Barley-shaped Cāndrāyaṇa. A sinner who has performed either of these becomes free from all mortal sins.’

Viṣṇu (47.1-6). — ‘Now follows the Cāndrāyāṇa: — Let a man eat single mouthfuls of food, unchanged in size; and let him, during the moon's increase, add successively one mouthful every day; and during the wane of the moon, let him take off one mouthful every day; and on the moonless day, let him fast entirely. This is the Barley-shaped Cāndrāyaṇa. The Cāndrayaṇa is called Ant-shaped when the moonless day is placed in the middle, add it is called Barley-shaped when the full moon day is placed in the middle.’

Yājñavalkya (3.323). — ‘When one is performing the Cāndrāyaṇa, during the bright half of the month, one should increase daily, by one, the number of food-morsels, each of which is of the size of the peacock’s egg; and during the dark half, he shall reduce it daily by one.’

 

 

VERSE 11.217

Section XXIX - Description of the Expiatory Penances

 

एतमेव विधिं कृत्स्नमाचरेद् यवमध्यमे ।
शुक्लपक्षादिनियतश्चरंश्चान्द्रायणं व्रतम् ॥२१७॥

etameva vidhiṃ kṛtsnamācared yavamadhyame |
śuklapakṣādiniyataścaraṃścāndrāyaṇaṃ vratam ||217||

 

This same method shall be adopted in the ‘Yavamadhyama’ penance, but beginning it in the bright half of the month; and it is with a controlled mind that one should perform the ‘Cāndrāyaṇa’ penance. — (217)

 

Medhātithi’s commentary (manubhāṣya):

In the ‘Yavamadhyama’ the man shall fast on the New-moon day and then take one morsel on the first (of the bright half), two on the second, and so on, till fifteen are taken on the Full-moon day; then beginning with the first of the dark half of the month, he shall reduce it by one morsel daily, till there is fasting again on the New-moon day. — (217)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 241), which notes that this is the ‘Barley-shaped’ Cāndrāyaṇa as distinguished from the ‘ant-shaped’ one described in the preceding verse. [When the penance begins on the first day of the brighter fortnight it is called ‘Barley-shaped’, and when begun on the first day of the bright fortnight, it is called ‘Ant-shaped’. In verse 216, Aparārka and Madanapārijāta read śukle kṛṣṇe, ma king the beginning in the brighter fortnight]; — and in Prāyaścittaviveka (p. 516).

 

 

VERSE 11.218

Section XXIX - Description of the Expiatory Penances

 

अष्टावष्टौ समश्नीयात् पिण्डान् मध्यन्दिने स्थिते ।
नियतात्मा हविष्याशी यतिचान्द्रायणं चरन् ॥२१८॥

aṣṭāvaṣṭau samaśnīyāt piṇḍān madhyandine sthite |
niyatātmā haviṣyāśī yaticāndrāyaṇaṃ caran ||218||

 

One who performs the ‘Yati-Cāndrāyaṇa’ shall eat daily at midday eight morsels, controlling himself and eating only ‘sacrificial food.’ — (218)

 

Medhātithi’s commentary (manubhāṣya):

Everyday he shall eat eight morsels, — beginning either with the dark or with the bright half of the month.

This is the ‘Yati-Cāndrāyaṇa.’

‘At midday’ — when midday has approached; that is, avoiding the forenoon and the afternoon.

The rest is clear. — (218)

 

Explanatory notes by Ganganath Jha:

(verses 11.218-219)

These verses are quoted in Aparārka (p. 1243); — in Mitākṣarā (3.325), which add that in the Yaticāndrā-yaṇa and other penances, it is not necessary to follow the movements of the moon; so that there would be no harm if the beginning were made on even the fifth day of the lunar month, if that happened to be the first day of the solar month; — and in Prāyaścittaviveka (p. 517).

 

Comparative notes by various authors:

Baudhāyana (4.5.19). — ‘If, self-restrained, he daily eats, during a month, at mid-day, eight mouthfuls of sacrificial food, he performs the Yati-Cāndrāyaṇa.’

Viṣṇu (47.7). — ‘If a man eats for a month eight mouthfuls a day, it is the penance called Yati-Cāndrāyaṇa.’

 

 

VERSE 11.219

Section XXIX - Description of the Expiatory Penances

 

चतुरः प्रातरश्नीयात् पिण्डान् विप्रः समाहितः ।
चतुरोऽस्तमिते सूर्ये शिशुचान्द्रायणं स्मृतम् ॥२१९॥

caturaḥ prātaraśnīyāt piṇḍān vipraḥ samāhitaḥ |
caturo'stamite sūrye śiśucāndrāyaṇaṃ smṛtam ||219||

 

The Brāhmaṇa, with concentrated mind, shall eat four morsels in the morning, and four when the sun has set this is called the ‘Śiśu-Cāndrāyaṇa.’ — (219)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as the term ‘morning’ is used here along with ‘the setting of the sun,’ it stands for the time of sunrise. ‘When the sun has set’ — in the evening. — (219)

 

Explanatory notes by Ganganath Jha:

(verses 11.218-219)

See Explanatory notes for Verse 11.218.

 

Comparative notes by various authors:

Viṣṇu (47.8). — ‘Eating, for a month, four mouthfuls each morning and evening, one performs the Śiśu-Cāndrāyaṇa.’

Baudhāyana (4.5, 18). — ‘If with concentrated mind, a Brāhmaṇa eats four mouthfuls in the morning and four mouthfuls when the sun has set, he performs the Śiśu-Cāndrāyaṇa.’

 

 

VERSE 11.220

Section XXIX - Description of the Expiatory Penances

 

यथा कथं चित् पिण्डानां तिस्रोऽशीतीः समाहितः ।
मासेनाश्नन् हविष्यस्य चन्द्रस्यैति सलोकताम् ॥२२०॥

yathā kathaṃ cit piṇḍānāṃ tisro'śītīḥ samāhitaḥ |
māsenāśnan haviṣyasya candrasyaiti salokatām ||220||

 

If a man, with concentrated mind, somehow eats thrice eighty morsels of ‘sacrificial food,’ during a month, he attains the regions of the Moon. — (220)

 

Medhātithi’s commentary (manubhāṣya):

On one day he takes four morsels, on another twelve, on a third day he does not eat at all, on some day sixteen and so forth; this is what is meant by doing it ‘somehow’ during the thirty days. The only restriction is that during the month, ‘thrice eighty’ morsels should be eaten; i.e., two hundred and forty.

By doing this the man reaches the regions of the Moon. — (220)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.325); — in Prāyaścittaviveka (p. 517); — and in Hemādri (Kāla, p. 23), which says that it is the ‘Sāvana’ month that is meant here.

 

Comparative notes by various authors:

Baudhāyana (3.8.31). — ‘He who studies this becomes the companion of the lunar constellations, of sun and moon, and dwells in the regions of these.’

Do. (4.5.20). — ‘A Brāhmaṇa who eats anyhow, during a month, thrice-eighty mouthfuls of sacrificial food, goes to the regions of the Moon.’

Gautama (27.16-18). — ‘He who has completed the Cāndrayāṇa, becomes free from sin and free from crime, and destroys all guilt. He who has completed a second month in the same manner, sanctifies himself, his ten ancestors and ten descendants, as well as any company to which he may be invited; and he who has lived a year in that manner dwells, after death, in the regions of the Moon.’

Viṣṇu (47.9). — ‘Eating anyhow three hundred, minus sixty, mouthfuls a month, is the penance called Sāmānya - Cāndrāyaṇa.

Yājñavalkya (3.324, 326). — ‘If, anyhow, one eats two hundred and forty morsels during one month, this would be another kind of Cāndrāyaṇa. One who performs the Cāndrāyaṇa for the sake of spiritual merit (and not as an expiatory penance), obtains the regions of the Moon.’

 

 

VERSE 11.221

Section XXIX - Description of the Expiatory Penances

 

एतद् रुद्रास्तथाऽदित्या वसवश्चाचरन् व्रतम् ।
सर्वाकुशलमोक्षाय मरुतश्च महर्षिभिः ॥२२१॥

etad rudrāstathā'dityā vasavaścācaran vratam |
sarvākuśalamokṣāya marutaśca maharṣibhiḥ ||221||

 

The Rudras, Ādityas and the Maruts, along with the Great Sages, have performed this penance, for deliverance from all evils. — (221)

 

Medhātithi’s commentary (manubhāṣya):

All the gods have performed this penance, ‘for deliverance from all evils.’

What this means is that this penance is to be performed, not only in connection with the offences specified above, but in other cases also; as it has been declared (by Gautama, 19.20) — ‘The Kṛcchra, the Ātikṛcchra and the Cāndrāyaṇa constitute the ‘universal expiation.’

In this connection there arises the question — “When the text speaks of the universal expiation, does it mean that a single performance of these atones for all sins? Or that they are to be repeated with each sin?”

The answer to this is as follows: — The reasonable view would be that the effect (in the shape of the expiation) should be repeated with the cause (the sin); but what the assertion in question refers to are those sins in regard to each of which no specific expiation has been prescribed, or those whose commitment may be only suspected, and not definitely ascertained; — now when the atonement is meant to be for such sins as are only suspected to have been committed, — when for instance, one is performing the Kṛcchra in accordance with what has been declared (in Manu, 5.21) to the effect that ‘for the atonement of unknown sins one should perform the Kṛcchra at least once a year,’ — inasmuch as the cause (the sin) would be uncertain, how could there be any repetition of the expiation with each individual offence? For instance, when one is turning his sides during sleep, he may kill several small creatures on the bed, or when he is walking on the road, he may look at the face of several women, till he reaches home; — in such cases the only right view could be that one performance of the expiation should atone for all these several offences. This has been explained by us under the text, dealing with the expiation for the killing of ‘boneless creatures’ (140), where it has been shown that there is a single expiation for all the offences collectively. When, however, the offences concerned are grave ones, — we find distinct expiation prescribed in connection with each. But what Gautama has prescribed can apply to only such (unspecified) cases as have been mentioned above; and as the expiation is a heavy one, it would not he reasonable to prescribe it except in the case of repetitions. In the case of a number of suspected sins also, if no other definite offence intervenes, it would be only right to regard the single performance of the expiation as atoning for the whole lot of them. The following passage also shows that a single performance should do for a number of offences — ‘Whatever sin I may have committed during the night and during the day, what I may have done while I was awake and while I was sleeping, etc., etc.,’ — when the repetition of the term ‘what’ has been taken to mean that all the sins are atoned for collectively. — (221)

 

Comparative notes by various authors:

Baudhāyana (3.8.30). — ‘By the Cāndrāyaṇa the sages of old purified themselves and accomplished their objects. That rite procures wealth, spiritual merit, sons, cattle, long life, heavenly bliss and fame; it secures the fulfilment of all desires.’

Viṣṇu (47.10). — ‘After having performed this penance, in a former age, the seven holy sages, Brahmā and Rūdra acquired a splendid abode.’

 

 

VERSE 11.222

Section XXIX - Description of the Expiatory Penances

 

महाव्याहृतिभिर्होमः कर्तव्यः स्वयमन्वहम् ।
अहिंसा सत्यमक्रोधमार्जवं च समाचरेत् ॥२२२॥

mahāvyāhṛtibhirhomaḥ kartavyaḥ svayamanvaham |
ahiṃsā satyamakrodhamārjavaṃ ca samācaret ||222||

 

Homa-offerings shall be made by the man himself everyday, with the ‘Mahāvyāhṛtis,’ and he should practise harmlessness, truthfulness, freedom from anger, and mercy. — (222)

 

Medhātithi’s commentary (manubhāṣya):

What is here prescribed is to be done in connection with all offences.

In the case of all Homa-offerings, clarified butter is the material to be offered, whenever any other special substance is not prescribed.

‘Himself.’ — This precludes the alternative of having it performed by others.

Now we proceed to consider the question whether or not this offering is to be made in the ordinary fire, in the case of one who has not set up his own ritualistic fire. But first of all the question to be considered is why the offering should be made into a fire at all. What the name ‘Homo’ etymologically indicates is only the act of offering ending with the throwing of the material; so that into whatever receptacle the material may be thrown, the act of ‘Homa’ would be duly accomplished. Hence the Homa-offering may be made either on the ground, or in water or in fire. But for one who has set up the ‘domestic fire’ this offering shall not be made into the ordinary fire; as the offering of Homa in ordinary fires has been forbidden for such a man. It might be argued that — ‘the necessity of fire is deduced from actual usage.’ But in that-case, it would be necessary to find out what the actual usage is. The authors of Gṛhyasūtras have laid down the Homa as to be offered, in connection with the performance of the Kṛcchra penance,- by persons who have set up the ‘domestic fire,’ and from this it follows that in the case also of one who has. not set up the fire, the performance of the Kṛcchra by way of penance cannot be done with out the Homa-offering. For the man who has not set up the fire, there are no Homa-offerings, when the said penance is performed for the purpose of bringing about prosperity (and not by way of an expiation); — the desired result being obtained only by the performance of the act itself complete in its own details.

‘Harmlessness.’ — He shall not beat even such pupils and others who may deserve chastisement.

‘Truthfulness.’ — Even in joke, he shall not utter an untruth.

These two virtues, already known as conducive to the welfare of men, are here laid down as forming essential factors in the expiatory penance.

‘Ārjava’ is absence of harshness. — (222)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1230), and again on p. 1246 (the first half only); — in Mitākṣarā (3.314), which remarks, with reference to the second half, that it is not meant to he an exhaustive enumeration: it is only illustrative; — in Madanapārijāta (p. 748); — and in Nṛsiṃhaprasāda (Prāyaścitta 37b).

 

Comparative notes by various authors:

Gautama (26.6-11). — ‘He who desires to be purified quickly, shall stand during the day and sit during the night; he shall speak the truth; he shall not converse with any one but Aryans; he shall daily sing the two Sāmans...... He shall bathe in the morning, at noon and in the evening, reciting three sacred texts... Next, he shall offer libations of water.’

Do. (27.5-7). — ‘He shall offer libations of water and oblations of clarified butter, consecrate the sacrificial viands and worship the moon, reciting the verses...... He shall offer clarified butter reciting the four verses...... And at the end he shall offer pieces of fuel reciting the verse...’

Baudhāyana (3.8.3, 7-14). — ‘Having shaved his hair...... dressed in new clothes and speaking the truth, he shall enter the fire-house... Heaping fuel on the fire... he offers oblations... to Agni... to Agni Sviṣṭakṛt...... Having drunk water, he offers additional oblations...... gives a cow as the fee and worships the sun.’

 

 

VERSE 11.223

Section XXIX - Description of the Expiatory Penances

 

त्रिरह्नस्त्रिर्निशायां च सवासा जलमाविशेत् ।
स्त्रीशूद्रपतितांश्चैव नाभिभाषेत कर्हि चित् ॥२२३॥

trirahnastrirniśāyāṃ ca savāsā jalamāviśet |
strīśūdrapatitāṃścaiva nābhibhāṣeta karhi cit ||223||

 

Thrice in the day and thrice in the night shall he enter water along with his clothes; and he shall never converse with women, Śūdras and outcasts. — (223)

 

Medhātithi’s commentary (manubhāṣya):

‘Thrice in the day’ — i.e., at the time of the three ‘extractions’; as laid down by Gautama (26.10) — ‘water shall be touched at each extraction.’

During the night also, he shall bathe at the three ‘watches,’ — leaving off the midnight one; as this last would not be a proper time for bathing.

‘The clothes’ along with which the man is to bathe should be the two pieces that one wears ordinarily as a matter of necessity.

‘Enter water.’ — This implies that the bathing is not to be done with water drawn from the well or tank.

‘With women’ — even of the Brāhmaṇa caste — ‘he shall not converse’; — except with his mother, elder sister and other elderly relations. Conversation with one’s wife on business-matters is not forbidden; but other kinds of conversation should not be carried on. — (223)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 748) — which adds the following notes: — Thrice during the day and thrice during the night; this rule regarding six baths is applicable to those fit for it physically; so that the number of baths may be increased or decreased. In Tapta-Kṛcchra penance there is a single hath; — in Aparārka (p. 1230); — and in Nṛsiṃhaprasāda (Prāyaścitta 38a).

 

Comparative notes by various authors:

Baudhāyana (3.8.17). — ‘Let him not talk with women and Śūdras, addressing them first; let him not look at urine or ordure.’

Gautama (26.8). — ‘He shall not converse with anybody but Aryans.’

Yājñavalkya (3.325). — ‘One who is performing the Kṛcchra or the Cāndrāyaṇa shall bathe at the three times, shall recite sacred texts, and consecrate the food-morsels with the Gāyatrī.’

Vaśiṣṭha (24.5). — ‘He shall avoid speaking to women and Śūdras.’

 

 

VERSE 11.224

Section XXIX - Description of the Expiatory Penances

 

स्थानासनाभ्यां विहरेदशक्तोऽधः शयीत वा ।
ब्रह्मचारी व्रती च स्याद् गुरुदेवद्विजार्चकः ॥२२४॥

sthānāsanābhyāṃ viharedaśakto'dhaḥ śayīta vā |
brahmacārī vratī ca syād gurudevadvijārcakaḥ ||224||

 

He shall pass his time standing and sitting; or if he is unable to do so, he may lie down on the ground ; he shall remain chaste, firm in vows, worshipping his elders, gods and Brāhmaṇas. — (224)

 

Medhātithi’s commentary (manubhāṣya):

He shall remain either seated or standing; he shall not lie down anywhere.

But if ho is unable to do so, ‘he may lie down on the bare ground,’ — not on a couch,

‘Chaste’ — avoiding sexual intercourse.

‘Firm in his vows’ — Against all that is deprecated by the cultured, he shall take the vow — ‘I shall not do this.’

The ‘worshipping’ of the elders and the rest shall consist in offering to them, with due humility, garlands, sandal-paint and such things. — (224)

 

Explanatory notes by Ganganath Jha:

‘Vratī syāt.’ — ‘Should resolve to abstain from what is forbidden by cultured men’ (Medhātithi); — ‘should wear the Muñja-girdle, a staff and so forth’ (Govindarāja and Kullūka).

This verse is quoted in Madanapārijāta (p. 748); — in Aparārka (p. 1230); — and in Nṛsiṃhaprasāda (Prāyaścitta 38a).

 

Comparative notes by various authors:

Baudhāyana (3.8.15-16). — ‘When he goes to rest, he mutters the words, “O fire, keep thou good watch.” When he awakes, the words, “O fire, thou art the protector of vows.”’

Vaśiṣṭha (24.5). — ‘He shall carefully keep himself upright, in sitting posture, he shall stand during the day and remain seated during the night.’

Gautama (26.6). — ‘He who desires to be purified quickly shall stand during the day and sit during the night.’

Visṇu (46.6-7). — ‘During the day, let him be standing; at night, let him continue in a sitting position.’

 

 

VERSE 11.225

Section XXIX - Description of the Expiatory Penances

 

सावित्रीं च जपेन्नित्यं पवित्राणि च शक्तितः ।
सर्वेष्वेव व्रतेष्वेवं प्रायश्चित्तार्थमादृतः ॥२२५॥

sāvitrīṃ ca japennityaṃ pavitrāṇi ca śaktitaḥ |
sarveṣveva vrateṣvevaṃ prāyaścittārthamādṛtaḥ ||225||

 

He shall constantly repeat the Sāvitrī, as also other purificatory texts, to the best of his ability. This shall be done with due care, in connection with all penances performed for the sake of expiation. — (225)

 

Medhātithi’s commentary (manubhāṣya):

‘Sāvitrī’ — i.e., the Gāyatrī verse, ‘tatsavituḥ, etc., etc.’ This text is everywhere spoken of as ‘Sāvitrī’ (sacred to Savitṛ, the Sun), on account of Savitṛ being its presiding deity.

‘Purificatory texts’ — (l) The ‘Aghamarṣaṇa Hymn,’ (2) the ‘Pāvamānī Hymn’ and (3) the ‘Puruṣa-Sūkta’; as also the Sāman texts — ‘Śukriyā,’ ‘Rauhiṇeya,’ ‘Adhyāyajana’ (?) and so forth. — In connection with the performance of all forms of Kṛcchra.

‘With due care’ — intently.

‘This shall be done, etc.’ has been added only for the purpose of tilling up the metre; as it is well-known that it is only such a man that can be entitled to the performance of penances. — (225)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1230), which notes that in all these penances, the capacity of the penitent is to be taken into consideration; — in Madanapārijāta (p. 748); — and in the Nṛsiṃhaprasāda (Prāyaścitta 38a).

 

Comparative notes by various authors:

Vaśiṣṭha (28.46). — ‘Let him sing Sāmans or mutter the Vyāhṛtis.’

Yājñavalkya (3.309). — ‘The reciting of the following sacred texts is destructive of all sins: — The Śukriyā, the Āraṇyaka and the Gāyatrī; also the eleven Rudra-mantras.’

 

 

VERSE 11.226

Section XXIX - Description of the Expiatory Penances

 

एतैर्द्विजातयः शोध्या व्रतैराविष्कृतेनसः ।
अनाविष्कृतपापांस्तु मन्त्रैर्होमैश्च शोधयेत् ॥२२६॥

etairdvijātayaḥ śodhyā vratairāviṣkṛtenasaḥ |
anāviṣkṛtapāpāṃstu mantrairhomaiśca śodhayet ||226||

 

By means of these penances are those twice-born persons to be purified whose sins have become known; those whose sins have not become known, one shall purify by means of sacred texts and Homa-offerings. — (226)

 

Medhātithi’s commentary (manubhāṣya):

‘Those whose sins ham become known’ — to the people.

‘These penances’ — the several kinds of Kṛcchra. Those who have committed secret sins are not to perform the Kṛcchra penances; they should he purified‘by means of sacred texts and Homa-offerings.’

“Who is to do this purification? If the Assembly, then in the case of secret sins the offender does not go to the Assembly; for if he did go, he would no longer be one‘whose sin is not known’; and further, only persons knowing the facts of the case are entitled to sit in the Assembly.”

The answer to this is as follows: — The teacher does not mean to specify who is to do the purification; his sole purpose is to teach the pupils that such and such acts should be regarded as expiatory of secret sins. — (226)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nṛsiṃhaprāsada (Prāyaścitta, 31b); — in Smṛtisārodhāra (p. 352), which explains ‘etaiḥ’ as standing for the Kṛcchra and the rest; — and in Prāyaścittaviveka (p. 502).

 

Comparative notes by various authors:

Vaśiṣṭha (25.3), — ‘Those constantly engaged in breath-suspension, in reciting sacred texts, in giving gifts, in offering oblations with fire and repeating mantras, will undoubtedly, become freed from the guilt of crimes.’

 

 

VERSE 11.227 [Confession and Repentance]

Section XXX - Confession and Repentance

 

ख्यापनेनानुतापेन तपसाऽध्ययनेन च ।
पापकृत्मुच्यते पापात् तथा दानेन चापदि ॥२२७॥

khyāpanenānutāpena tapasā'dhyayanena ca |
pāpakṛtmucyate pāpāt tathā dānena cāpadi ||227||

 

By confession, by repentance, by austerity and by study is the sinner freed from sin; as also by gifts in cases of difficulty. — (227)

 

Medhātithi’s commentary (manubhāṣya):

After the Brāhmaṇas have been apprized of it, the offender shall make his guilt known to others also; this would be ‘confession.’

‘Repentance’ — dejection of mind, finding expression in some such feeling as — ‘Woe to me that I committed such a misdeed! Useless has been my sinner’s life’! and so forth.

‘Study’ here stands for the repealing of the Sāvitrī, or the reciting of the Veda, in cases other than those of injury to living creatures.

When a man is unable to perforin the austerity, there shall be‘gifts.’ This is what is meant by the assertion — ‘as also by gifts in cases of difficulty’; which means that when the austerity causes great pain, the man may have recourse to gifts.’ — (227)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 483); — in Pāraśaramādhava (Prāyaścitta, p. 336); — and in Prāyaścittaviveka (p. 29), which says that the mention of ‘āpadi’ implies that ‘making gifts’ is the secondary alternative for ‘Vedic study and austerities’; and notes that this refers to sins other than that of killing.

 

Comparative notes by various authors:

(verses 11.227-233)

Mahābhārata (13.112.5). — (Same as Manu 230.)

Yājñavalkya (3.30; also Parāśaramādhava-Prāyaścitta, p. 336). — ‘Time, Fire, Action, Earth, Air, Mind, Knowledge, Austerity, Water, Repentance and Fasting are conducive to purification.’

Baudhāyana (Do.). — ‘Abandonment, Austerity, Charity, Repentance, Proclaiming the deed, Devotion to Learning, and Bath, — these are the seven factors in the destruction of Sin.’

 

 

VERSE 11.228

Section XXX - Confession and Repentance

 

यथा यथा नरोऽधर्मं स्वयं कृत्वाऽनुभाषते ।
तथा तथा त्वचैवाहिस्तेनाधर्मेण मुच्यते ॥२२८॥

yathā yathā naro'dharmaṃ svayaṃ kṛtvā'nubhāṣate |
tathā tathā tvacaivāhistenādharmeṇa mucyate ||228||

 

As a man, having committed a misdeed, goes on proclaiming it himself, so does he become freed from that sin, as a snake from its slough. — (228)

 

Medhātithi’s commentary (manubhāṣya):

This is a declamatory passage in support of the injunction of Confession.

In the expression ‘naro-dharmam,’ an ‘a’ is to be understood between the two words. As the proclaiming of one’s own righteous deeds has been forbidden — ‘one should not proclaim his own good qualities’; while it is ‘adharma,’ ‘sin,’ that forms the subject-matter of the context; and the text itself in the second half has the term ‘adharmeṇa.’ — (228)

 

Comparative notes by various authors:

(verses 11.227-233)

See Comparative notes for Verse 11.228.

 

 

VERSE 11.229

Section XXX - Confession and Repentance

 

यथा यथा मनस्तस्य दुष्कृतं कर्म गर्हति ।
तथा तथा शरीरं तत् तेनाधर्मेण मुच्यते ॥२२९॥

yathā yathā manastasya duṣkṛtaṃ karma garhati |
tathā tathā śarīraṃ tat tenādharmeṇa mucyate ||229||

 

As his mind goes on loathing the evil deed, so is his body freed from that sin. — (229)

 

Medhātithi’s commentary (manubhāṣya):

The ‘body’ here stands for the inner soul, and not for the material body, as it is the former that forms the receptacle of virtue and sin. The term ‘body’ therefore should be understood as used figuratively for the soul.

This is a declamatory passage in support of the injunction of ‘Repentance.’

The meaning of ‘loathing’ is well-known. — (229)

 

Explanatory notes by Ganganath Jha:

‘Śarīram.’ — ‘The soul in the body’ (Medhātithi, Govindarāja and Kullūka); — ‘the subtle body’ (Nārāyaṇa).

 

Comparative notes by various authors:

(verses 11.227-233)

See Comparative notes for Verse 11.228.

 

 

VERSE 11.230

Section XXX - Confession and Repentance

 

कृत्वा पापं हि सन्तप्य तस्मात् पापात् प्रमुच्यते ।
नैवं कुर्यां पुनरिति निवृत्त्या पूयते तु सः ॥२३०॥

kṛtvā pāpaṃ hi santapya tasmāt pāpāt pramucyate |
naivaṃ kuryāṃ punariti nivṛttyā pūyate tu saḥ ||230||

 

After having committed, a sin, if one repents, he becomes freed from that sin; he becomes purified by the renunciation — ‘I shall not do so again.’ — (230)

 

Medhātithi’s commentary (manubhāṣya):

Some people take the ‘repentance’ to extend up to the term ‘renunciation.’ But this is not light; as ‘repentance’ consists in mental depression, while ‘renunciation’ is in the form of the resolution ‘such an act shall not be done again’; and that the two are distinct acts is shown by the past-participial affix ‘ktvā’ in ‘santapya’ — ‘after one has repented, then comes the renunciation.’

Thus then the sense is — ‘Like the expiation, the sinner should also do (a) the confession, (b) the repentance and the renunciation.

‘Becomes purified’ — obtains success. — (230)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 30).

 

Comparative notes by various authors:

(verses 11.227-233)

See Comparative notes for Verse 11.228.

 

 

VERSE 11.231

Section XXX - Confession and Repentance

 

एवं सञ्चिन्त्य मनसा प्रेत्य कर्मफलोदयम् ।
मनोवाङ्मूर्तिभिर्नित्यं शुभं कर्म समाचरेत् ॥२३१॥

evaṃ sañcintya manasā pretya karmaphalodayam |
manovāṅmūrtibhirnityaṃ śubhaṃ karma samācaret ||231||

 

Having thus considered in his mind the results arising after death from his deeds, he should perform good acts, by his thought, speech and body. — (231)

 

Medhātithi’s commentary (manubhāṣya):

‘Thus’ — refers to the whole. lot of injunctions and prohibitions.

‘Results arising after death from his deeds’ — ‘The result of good acts is Heaven, and that of bad ones, hell, if expiations are not performed, and expiations are extremely painful,’ — having thought over all this, ‘he shall perform, good deeds.’

‘Good’ is that which is enjoined, as also the determination, or desire, to do it Thus it is that, even though in the case of the prohibition ‘one shall not injure living creatures,’ what is expressed by the words is causing pain to others by the raising and letting fall of a stick or some other weapon, yet, on the strength of teachings like the present verse, it is taken as forbidding the wish to injure.

Similarly in the case of the eating of what should not be eaten. Though ‘eating’ is the name given to the act ending with the swallowing of food, yet even the mental act of desiring to eat has been forbidden.

Similarly also in the case of having intercourse with women with whom one should not have intercourse; though ‘intercourse’ really stands for the actual penetration of the organ, yet the act of mere willing to do the act has been forbidden by other texts.

 

“If such be the ease with the acts of killing, eating and intercourse, then the expiation for the desire to do these should be the same as that for the actual acts themselves.”

There is no force in this objection. So far as the killing of a Brāhmaṇa is concerned, what has been urged is certainly true; because of the assertion — ‘even though the man have not actually killed him, etc., etc.’ In other wises, the right course to adopt would always be to accept the direct meaning of the-words of the texts concerned. As regards prohibitions, on the strength of the said texts, they are taken us pertaining to the whole series of acts, beginning with the desire to act and ending with the actual act itself.

“If this be so, then, inasmuch as the liability to expiations has been made conditional upon the doing of ‘a forbidden act’ (11. 44), the expiation in each case would have to be in accordance with the prohibition (even on the mete desire to act).”

Who says that there is no expiation? All that the words imply is that in the case of the mere will to act, the expiation would be lighter than that in that of the actual act. This would be the right course to adopt in the course of all expiations.

“Whence is this particular rule obtained?”

From the very nature of prohibitions. In fact ‘the expiations also, consisting in vows, restraints and pious acts, have their source in determination.’ This last passage also refers to only Injunctions and Prohibitions. ‘Vows’ are of the nature of Injunctions and ‘Restraints’ of the nature of Prohibitions. And having their purposes have been fulfilled in these, the words need not be applied to other conditions and circumstances (?). In the case of all prohibitions however, the condition is present that the act is forbidden; whence it follows’ that an expiation is necessary. But the expiation (in the case of mere determination or desire) need not be the same as that in the case of the actual act.

All this we shall show under the verse ‘coveting the property of others, etc., etc,’ (12.5)

 

Comparative notes by various authors:

(verses 11.227-233)

See Comparative notes for Verse 11.228.

 

 

VERSE 11.232

Section XXX - Confession and Repentance

 

अज्ञानाद् यदि वा ज्ञानात् कृत्वा कर्म विगर्हितम् ।
तस्माद् विमुक्तिमन्विच्छन् द्वितीयं न समाचरेत् ॥२३२॥

ajñānād yadi vā jñānāt kṛtvā karma vigarhitam |
tasmād vimuktimanvicchan dvitīyaṃ na samācaret ||232||

 

Either intentionally or unintentionally, if one has done a reprehensible act, he must not do it a second time, if he seeks absolution from the former. — (232)

 

Medhātithi’s commentary (manubhāṣya):

If after having performed the expiation for a certain misdeed, one commits the same act again, he becomes liable to a heavier expiation. It is in view of this that it is said that ‘he must not do it a second time.’

Or the words ‘he must not do it a second time’ may be taken as a declamatory assertion commendatory of the ‘renunciation of misdeeds’ enjoined before (in 130); — the sense being that ‘he shall not abandon his vow.’

Hence if one seeks absolution from the sin involved in the first transgression, he should not repeat the act. Thus what is meant is that merely by performing the expiation, one does not become freed from a sin, if he commits the same act again.

But it does not stand to reason that, the man is not. absolved from sin, both when he performs the expiation and when he does not perform it. Hence the assertion in the present, verse must be taken simply as indicating that there is heavy expiation in the case of committing the deed over again. — (232)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 11).

 

Comparative notes by various authors:

(verses 11.227-233)

See Comparative notes for Verse 11.228.

 

 

VERSE 11.233

Section XXX - Confession and Repentance

 

यस्मिन् कर्मण्यस्य कृते मनसः स्यादलाघवम् ।
तस्मिंस्तावत् तपः कुर्याद् यावत् तुष्टिकरं भवेत् ॥२३३॥

yasmin karmaṇyasya kṛte manasaḥ syādalāghavam |
tasmiṃstāvat tapaḥ kuryād yāvat tuṣṭikaraṃ bhavet ||233||

 

If in regard to any act that has been committed, his mind be uneasy, he shall perform the penance prescribed for it until it brings peace to his mind. — (233)

 

Medhātithi’s commentary (manubhāṣya):

What, the text means is that so long as the mind is not satisfied, one may go on doing even more penances than what has been actually prescribed.

When a misdeed has been committed, if there is in the mind a certain ‘uneasiness’ — an uncomfortable feeling, — then, even though the prescribed expiation may have been performed, it should be repeated, till peace of mind has been secured.

The term ‘penance’ here stands for gifts and other prescribed, acts also. — (233)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 487).

 

Comparative notes by various authors:

(verses 11.227-233)

See Comparative notes for Verse 11.228.

 

 

VERSE 11.234 [Austerity (tapas): its Value]

Section XXXI - Austerity (tapas): its Value

 

तपोमूलमिदं सर्वं दैवमानुषकं सुखम् ।
तपोमध्यं बुधैः प्रोक्तं तपोऽन्तं वेददर्शिभिः ॥२३४॥

tapomūlamidaṃ sarvaṃ daivamānuṣakaṃ sukham |
tapomadhyaṃ budhaiḥ proktaṃ tapo'ntaṃ vedadarśibhiḥ ||234||

 

All happiness among gods and men has been declared by the wise ones to whom the Veda was revealed to have austerity for its source, austerity for its middle and austerity for its end. — (234)

 

Medhātithi’s commentary (manubhāṣya):

In the world of men whatever ‘happiness’ — in the form of glory of lordship over men and countries and so forth — or physical, in the form of good health and the like, — or social, such as that obtained from wealth, children and so forth — or the sensual, in the form of pleasures derived from the wife and others; — and also that of the gods, — what has been described in the Veda, in such passages as ‘hundred pleasures of men constitute one pleasure of the gods’; — of all this austerity is the ‘source,’ — the cause of its origin.

Austerity is its ‘middle’ — The continued existence of a thing is called its ‘middle.’

Similarly Austerity is its ‘end..’

The view of persons learned in the Veda is that Austerity brings about the same desirable results, in the form of Heaven and other desirable things, as those brought about by the sacrificial and other acts. — (234)

 

Comparative notes by various authors:

(verses 11.234-244)

Viṣṇu (95.17). — ‘What is hard to follow, hard to reach, remote, or hard to do, — all that may be accomplished by devotion.’

 

 

VERSE 11.235

Section XXXI - Austerity (tapas): its Value

 

ब्राह्मणस्य तपो ज्ञानं तपः क्षत्रस्य रक्षणम् ।
वैश्यस्य तु तपो वार्ता तपः शूद्रस्य सेवनम् ॥२३५॥

brāhmaṇasya tapo jñānaṃ tapaḥ kṣatrasya rakṣaṇam |
vaiśyasya tu tapo vārtā tapaḥ śūdrasya sevanam ||235||

 

The ‘austerity’ for the Brāhmaṇa is ‘knowledge’; the ‘austerity’ for the Kṣatriya is ‘protecting’; the ‘austerity’ for the Vaiśya is ‘agriculture’; and the ‘austertty’ for the Śūdra is ‘service.’ — (235)

 

Medhātithi’s commentary (manubhāṣya):

The foregoing should not give rise to the following idea — “Inasmuch as such great things are said of Austerity, by its means I can get all I want, even without doing the acts enjoined for me; specially as, on account of my not possessing the requisite materials, I am not in a position to perform all that is enjoined.”

It would not be right to entertain this idea, because — ‘the Austerity for the Brāhmaṇa is Knowledge.’ ‘Knowledge’ here stands for the understanding of what is contained in the Veda; so long as the man does not acquire this, nothing can accomplish anything for him. Hence it is Knowledge that is called ‘Austerity.’

What the verse means is that even in times of distress one should not neglect his duties.

‘Knowledge’ here stands for all the duties of the Brāhmaṇa, beginning with the study of the Veda.

Similarly ‘protecting’ is the ‘austerity’ for the Kṣatriya.

‘For the Śūdra, service’ — of twice-born men; it is the serving of these that has been prescribed for him; of which the present verse is only a reiteration. — (235)

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.236

Section XXXI - Austerity (tapas): its Value

 

ऋषयः संयतात्मानः फलमूलानिलाशनाः ।
तपसैव प्रपश्यन्ति त्रैलोक्यं सचराचरम् ॥२३६॥

ṛṣayaḥ saṃyatātmānaḥ phalamūlānilāśanāḥ |
tapasaiva prapaśyanti trailokyaṃ sacarācaram ||236||

 

It is by austerity alone that self-controlled sages, subsisting on fruits, roots and air, survey the three worlds, including all moveable and immoveable beings. — (236)

 

Medhātithi’s commentary (manubhāṣya):

What this means is that it is due to Austerity that sages acquire the power to have super-sensuous cognitions.

‘Self-controlled’ — by the restraint of speech, mind and body.

‘Fruits and roots’ — stands for restraints on food.

By means of this Austerity, they survey, as if by direct perception, the whole of the three worlds. — (236)

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.237

Section XXXI - Austerity (tapas): its Value

 

अउषधान्यगदो विद्या दैवी च विविधा स्थितिः ।
तपसैव प्रसिध्यन्ति तपस्तेषां हि साधनम् ॥२३७॥

auṣadhānyagado vidyā daivī ca vividhā sthitiḥ |
tapasaiva prasidhyanti tapasteṣāṃ hi sādhanam ||237||

 

Medicines, drugs, science and the various kinds of divine condition are acquired by austerity; as austerity is the means of their accomplishment. — (237)

 

Medhātithi’s commentary (manubhāṣya):

‘Medicines’ — metallic preparations.

‘Drug’ — potions tending to allay diseases.

‘Science’ — relating to elements and elementals.

‘Divine condition ’ — the various kinds of power, of becoming very small, and so forth. — (237)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 835).

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.238

Section XXXI - Austerity (tapas): its Value

 

यद् दुस्तरं यद् दुरापं यद् दुर्गं यच्च दुष्करम् ।
सर्वं तु तपसा साध्यं तपो हि दुरतिक्रमम् ॥२३८॥

yad dustaraṃ yad durāpaṃ yad durgaṃ yacca duṣkaram |
sarvaṃ tu tapasā sādhyaṃ tapo hi duratikramam ||238||

 

What is hard to traverse, what is hard to attain, what is hard to reach, and what is hard to do, — all this is accomplished by Austerity; as Austerity is irrepressible. — (238)

 

Medhātithi’s commentary (manubhāṣya):

‘Hard to traverse’ — that which can be traversed with difficulty; e.g., some great trouble due to illness, or to attack by a powerful enemy. All this is easily met by ascetics.

‘Hard to attain’ — that which is got with difficulty; e.g., the power to fly in the sky and so forth.

‘Hard to reach’ — e.g., riding on the back of clouds and so forth.

‘Hard to do’ — e.g., the granting of boons and pronouncing of curses; the reversing of these; as for instance Saṃvarta created another set of divine beings.

All this is accomplished by Austerity.

These three verses describe the fact that the Kṛcchra penances are conducive to all kinds of prosperity and advancement

“Inasmuch as the injunction of expiations forms the subject-matter of the present context, any praises bestowed upon Kṛcchra must be taken as supplementary to that injunction; and it would not be right to take them as actually enjoining the penance itself as leading to prosperity. Nor is it impossible to take the present verse as a purely commendatory declamation, — the sense being — ‘the Kṛcchra penances are so very effective that what is hard to traverse, such as the ocean and the like, become traversed by their means, wherefore then could they not wipe off sins?”

Our answer to this is as follows: — In the Gṛhyasūtras and the Sāmavidhāna, we find the Kṛcchra enjoined without reference to expiation; so that: since such injunctions of the penance are not in the wake of any other enjoined act, the penance can certainly be taken as leading to prosperity and advancement. It has also been declared that — ‘Having performed these Kṛcchra penances, one becomes accomplished in all Vedas, and becomes recognised by all the gods.’ (Gautama, 20. 24). What is meant by ‘becoming accomplished in the Vedas’ is that the performer obtains that reward which is obtainable by the proper study, according to prescribed rules, of the Veda. This injunction that we have of the study of Veda, without reference to rewards, becomes fulfilled by the study of even a single Veda; so that when several Vedas are studied, this can only be regarded as bringing about special merit. The expression ‘becomes recognised by all the gods’ means that he obtains the results obtainable from the performance of all the sacrifices; if is only when a man performs sacrifices that he becomes ‘recognised by the gods,’ and not by performing expiations, which partake of the nature of gifts (not sacrifices). Further, what has been said in the present work in connection with the statement that ‘for the Brāhmaṇa, Austerity is knowledge’ (236), — which was suspected of implying the omission by the Brāhmaṇa of all his duties, — is possible only if the penance in question be regarded as conducive to prosperity and advancement. As for expiations, they are meant to remove sins; they are not of the nature of acts performed for the attainment of desirable results; so that the scope of the two sets of acts being different, how could anything said in regard to expiations be suspected of leading to the omission of duties? If, on the other hand, the Kṛcchra penances were conducive to prosperity and advancement, they would stand on the same footing as other acts tending to the same end; and it would be natural to suspect the omission of these latter. Thus we conclude that while the next verse speaks of these penances as destructive of sins, the present one speaks of them as conducive to prosperity and advancement; and these two sentences stand apart from each other; and it is only light that what is asserted by means of the ‘sentences’ should set aside what is only indicated by the context, it is in this sense that we have the following declaration of Dvaipāyana and other sages — ‘By the force of Austerities, powerful intellect and other excellences are acquired.’

From all this it follows that Austerities are conducive to all kinds of desirable results. In the case of the Vedic rituals, though it has been declared that ‘the Darśapūrṇamāsa sacrifices are conducive to all results, the Jyotiṣṭoma is conducive to all results,’ yet, from the very nature of persons undertaking the performance of these rites, the term ‘all’ in this declaration is taken as standing only for all those results that have been declared as following from these sacrifices, and not actually all results in the literal sense of the term. But in the case in question it is not so; what is said in the present verse has to be taken as literally true. — (238)

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.239

Section XXXI - Austerity (tapas): its Value

 

महापातकिनश्चैव शेषाश्चाकार्यकारिणः ।
तपसैव सुतप्तेन मुच्यन्ते किल्बिषात् ततः ॥२३९॥

mahāpātakinaścaiva śeṣāścākāryakāriṇaḥ |
tapasaiva sutaptena mucyante kilbiṣāt tataḥ ||239||

 

Those who have committed heinous offences, as also those who have committed other misdeeds, become freed from their sins by means of austerities well-performed. — (239)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this verse has been already explained. — (239)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 454).

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.240

Section XXXI - Austerity (tapas): its Value

 

कीटाश्चाहिपतङ्गाश्च पशवश्च वयांसि च ।
स्थावराणि च भूतानि दिवं यान्ति तपोबलात् ॥२४०॥

kīṭāścāhipataṅgāśca paśavaśca vayāṃsi ca |
sthāvarāṇi ca bhūtāni divaṃ yānti tapobalāt ||240||

 

Insects, snakes, moths, animals and birds, as also immovable beings go to heaven by the force of austerities. — (240)

 

Medhātithi’s commentary (manubhāṣya):

This is a praise of Austerity.

By the force of austerity, beings go everywhere, reaching Heaven itself; — even such naturally incapable beings as Insects and the rest go to heaven by the form of austerity; — what of learned Brāhnmṇas?

What forms the basis of this assertion is the fact that the suffering that, these insects and other beings experience by the very nature of their existence is the ‘austerity’ in their case; and when they have thereby destroyed their sins (on account of which they were born as insects, etc.) they go forward to heaven to which they are entitled by their good deeds in the past — (240)

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.241

Section XXXI - Austerity (tapas): its Value

 

यत् किं चिदेनः कुर्वन्ति मनोवाङ्मूर्तिभिर्जनाः ।
तत् सर्वं निर्दहन्त्याशु तपसैव तपोधनाः ॥२४१॥

yat kiṃ cidenaḥ kurvanti manovāṅmūrtibhirjanāḥ |
tat sarvaṃ nirdahantyāśu tapasaiva tapodhanāḥ ||241||

 

Whatever sin people commit by thought, word or deed, — all that they speedily burn away, having Austerity as their sole wealth. — (241)

 

Medhātithi’s commentary (manubhāṣya):

It has been declared in the Smṛtis that sins committed by thought, word and deed are wiped off by the repeating of sacred texts and the offering of Homa; from which it might be assumed that these are beyond the scope of Austerities. It is in view of such an assumption that the text proceeds to add this verse; — the sense being that the said sins also are wiped off by Austerities. — (241)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 454).

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.242

Section XXXI - Austerity (tapas): its Value

 

तपसैव विशुद्धस्य ब्राह्मणस्य दिवौकसः ।
इज्याश्च प्रतिगृह्णन्ति कामान् संवर्धयन्ति च ॥२४२॥

tapasaiva viśuddhasya brāhmaṇasya divaukasaḥ |
ijyāśca pratigṛhṇanti kāmān saṃvardhayanti ca ||242||

 

It is only when the Brāhmaṇa has been purified by Austerities that Heavenly Beings accept their sacrifices and advance their interests. — (242)

 

Medhātithi’s commentary (manubhāṣya):

Before undertaking a rite conducive to a desirable result, it is necessary to perform an austerity; it is this fact that is referred to here. To this end it. has been declared that — ‘First of all one should perform austerities, and thereby become pure and sanctified; he then becomes fit for performing religious acts.’ In the case of rites, where preliminary Initiation and such other rites are prescribed, these would constitute the necessary ‘austerity’; also the penance that is prescribed in connection with certain rites, is an ‘austerity,’ and in such rites as are performed for the allaying of troubles, and obtaining of strength, and also the domestic rites, — it is necessary to perform an austerity, as a preliminary step. This is what the verse means.

The term ‘Brāhmaṇa’ stands here for all those persons that are entitled to the performance of sacrifices, and are prompted by desire for their results.

It has also been declared elsewhere — ‘Unless a man has performed austerities, the gods do not accept his offerings, and until his offerings are accepted, his desires are not fulfilled.’

Though as a matter of fact, it is not the gods that bestow the results of sacrifices, yet, inasmuch as no ‘sacrifice’ can be accomplished without its ‘deity,’ it has been declared that the gods ‘advance the man’s interests.’

When the gods are described as ‘accepting the offerings,’ it is not meant that they actually take hold of the materials offered; all that is meant is that they do not refuse to be the recipients of the offerings. — (242)

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.243

Section XXXI - Austerity (tapas): its Value

 

प्रजापतिरिदं शास्त्रं तपसैवासृजत् प्रभुः ।
तथैव वेदान् ऋषयस्तपसा प्रतिपेदिरे ॥२४३॥

prajāpatiridaṃ śāstraṃ tapasaivāsṛjat prabhuḥ |
tathaiva vedān ṛṣayastapasā pratipedire ||243||

 

It was by means of Austerity that Lord Prajāpati gave forth these ordinances; and it was by means of Austerity that the Sages obtained the Vedas. — (243)

 

Medhātithi’s commentary (manubhāṣya):

The composing of this work by Manu was due to the power of Austerity. Whoever is desirous to compose an equally respectable work should perform austerities before compiling the work.

Further, it is on account of Austerity that the Vedas are revealed to the sages. — (243)

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.244

Section XXXI - Austerity (tapas): its Value

 

इत्येतत् तपसो देवा महाभाग्यं प्रचक्षते ।
सर्वस्यास्य प्रपश्यन्तस्तपसः पुण्यमुत्तमम् ॥२४४॥

ityetat tapaso devā mahābhāgyaṃ pracakṣate |
sarvasyāsya prapaśyantastapasaḥ puṇyamuttamam ||244||

 

The gods, discerning that the holy origin of all this lies in austerity, thus proclaim the magnificence of Austerity. — (244)

 

Medhātithi’s commentary (manubhāṣya):

This sums up the praise of Austerity.

The ‘magnificence’ — great efficiency — of Austerity that has been here described, is proclaimed by the gods, not only by men.

‘All this’ — refers to the world. The ‘holy origin’ of the whole world, they discern in Austerity. — (244)

 

Comparative notes by various authors:

(verses 11.234-244)

See Comparative notes for Verse 11.234.

 

 

VERSE 11.245

Section XXXI - Austerity (tapas): its Value

 

वेदाभ्यासोऽन्वहं शक्त्या महायज्ञक्रिया क्षमा ।
नाशयन्त्याशु पापानि महापातकजान्यपि ॥२४५॥

vedābhyāso'nvahaṃ śaktyā mahāyajñakriyā kṣamā |
nāśayantyāśu pāpāni mahāpātakajānyapi ||245||

 

The daily recitation of the Veda, to the best of one’s ability, the ‘Great Sacrifices,’ and ‘tolerance,’ quickly destroy all sins, — even those due to heinous offences. — (245)

 

Medhātithi’s commentary (manubhāṣya):

This verse is asserting, in another way, the fact that Vedic Study and other compulsory duties are destructive of sins. And this appears to be meant for those acts in connection with which no specific expiations have been prescribed, or those that may have been committed unknowingly.

Others have held that this verse also should be understood as addressed to those who may be led to think that the injunction of Austerities in the present context means that Brāhmaṇas may omit all other duties; just the same contingency that was suspected in connection with the previous statement that ‘for the Brāhmaṇa, knowledge is austerity’ (Verse 235).

‘Tolerance’ has been mentioned as standing for all the qualities of the soul.

‘Even those due to heinous offences.’ — This term ‘even’ appears to be commendatory; it does not mean that the heinous offences are actually set aside; and from all that has been said before it follows that what is meant is that these grievous sins cease to be immediately operative. — (245)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 172); and again on p. 379.

 

Comparative notes by various authors:

Vaśiṣṭha (27.7). — ‘The daily recitation of the Veda and the performance, according to one’s ability, of the series of Great Sacrifices quickly destroy guilt, even that of the Mahāpātakas.’

Yājñavalkya (3.311). — ‘Sins, — even those born of the Mahāpātakas, — touch not one who is devoted to the reciting of the Veda, who is tolerant and addicted to the performance of the Great Sacrifices.’

 

 

VERSE 11.246

Section XXXI - Austerity (tapas): its Value

 

यथैधस्तेजसा वह्निः प्राप्तं निर्दहति क्षणात् ।
तथा ज्ञानाग्निना पापं सर्वं दहति वेदवित् ॥२४६॥

yathaidhastejasā vahniḥ prāptaṃ nirdahati kṣaṇāt |
tathā jñānāgninā pāpaṃ sarvaṃ dahati vedavit ||246||

 

Just as fire, in a moment, consumes with its heat the fuel placed upon it, so does the man learned in the Veda destroy all sins by the fire of knowledge. — (246)

 

Medhātithi’s commentary (manubhāṣya):

This is the praise of knowledge; and what we learn from this section of the text is that for the learned man purification is secured by a comparatively light expiation.

‘Knowledge’ — here means what is contained in the Veda, along with the esoteric explanations. Mere knowledge of the rules of Expiation cannot bring about purification. If it did, there would be no possibility of any one actually performing the rite. As for the knowledge of the real nature of gods and other things, and the knowledge of purely esoteric matters, — since this also is not acquired for any selfish purpose, it is only right that it should be destructive of sins. To this sense it has been declared — ‘Just as water does not touch the lotus-leaf, so does sin not contaminate the man who knows this.’ — (Chāndogya Upaniṣad, 4.14.3).

‘Fuel’ — wooden sticks.

Just as dry wood thrown into fire is quickly consumed, so does knowledge destroy all sins; — the only ground of similarity lying in there being destruction in both cases.

‘Learned in the Veda.’ — This serves to qualify the knowledge specially meant; so that the knowledge of Logic, Arts, Poetry and such subjects becomes excluded. — (246)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāsaramādhava (Prāyaścitta, p. 454).

 

Comparative notes by various authors:

Vaśiṣṭha (27.1-2). — ‘If a hundred improper acts, and even more, have been committed, and the knowledge of the Veda is retained, the fire of the Veda destroys all the guilt of the man, just as fire consumes fuel. As a fire burning strongly consumes even green trees, even so the fire of the Veda destroys one’s guilt caused by evil deeds.’

 

 

VERSE 11.247 [Expiation of Secret Sins]

Section XXXII - Expiation of Secret Sins

 

इत्येतदेनसामुक्तं प्रायश्चित्तं यथाविधि ।
अत ऊर्ध्वं रहस्यानां प्रायश्चित्तं निबोधत ॥२४७॥

ityetadenasāmuktaṃ prāyaścittaṃ yathāvidhi |
ata ūrdhvaṃ rahasyānāṃ prāyaścittaṃ nibodhata ||247||

 

The due expiation of sins has thus been described; listen after this to the expiation of secret sins. — (247)

 

Medhātithi’s commentary (manubhāṣya):

This sets forth the connection between the preceding and present sections. — (247)

 

 

VERSE 11.248

Section XXXII - Expiation of Secret Sins

 

सव्याहृतिप्रणवकाः प्राणायामास्तु षोडश ।
अपि भ्रूणहनं मासात् पुनन्त्यहरहः कृताः ॥२४८॥

savyāhṛtipraṇavakāḥ prāṇāyāmāstu ṣoḍaśa |
api bhrūṇahanaṃ māsāt punantyaharahaḥ kṛtāḥ ||248||

 

Sixteen ‘Breath-Suppressions’ with the Vyāhṛtis and the Praṇava, performed daily, purify, in a month, even the ‘murderer of the embryo’ (Brāhmaṇa). — (248)

 

Medhātithi’s commentary (manubhāṣya):

‘Breath’ — is air moving along the mouth and the nostrils, — its ‘suppression’ means its suspension and it is known as standing for the control of the air moving outwards, as also that proceeding inward.

‘Vyāhṛtis’ — the seven syllables (‘bhūḥ’ and the rest).

‘Praṇava’ — the syllable ‘Om.’

What the verse means is that ‘one shall perform the breath-suppressions with the Vyāhṛtis and the Praṇava.’

‘Sixteen’ — is the number of repetitions of the act.

“What sort of association is there (between the breath-suspension and the syllables)?”

Some people say that what is meant is that ‘after each suppression of breath, the Vyāhṛtis and the Praṇava should be repeated.’

Others declare that the syllable should be meditated upon during the time that the breath is suppressed.

“What is the time for each breath-suppression?”

It shall be continued so long as the suppression of breath does not begin to be painful.

‘Breath-suppression’ stands for what has been described under the names ‘Kumbhaka,’ ‘Pūraka’ and ‘Rechaka’ — and not mere suspension of breathing. And for these there can be no restriction as to time.

‘Even the murderer of the embryo.’ — The term ‘even’ is meant to include others also whose sins resemble that of ‘murdering the embryo.’ — (248)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.302), which adds that this refers to cases where the penetint is unable to give cows; — and in Aparārka (p. 44 and p. 1216), which adds that this is destructive of all heinous offences; and declares that what is here expressly stated implies also such observances as celibacy, truthfulness, sleeping on the ground, eating only haviṣya food and so forth.

 

Comparative notes by various authors:

Baudhāyana (4.1.29). — ‘Sixteen breath-suspensions, accompanied by the Vyāhṛtis and by the syllable Om, repeated daily, purify, after a month, even the slayer of a learned Brāhmaṇa.’

Vaśiṣṭha (26.4). — (Same as above.)

Viṣṇu (55.2). — ‘The killer of Brāhmaṇa is purified, if, having approached a river, he suspends his breath sixteen times and takes only one meal of sacrificial food, each day, for a month.’

 

 

VERSE 11.249

Section XXXII - Expiation of Secret Sins

 

कौत्सं जप्त्वाऽप इत्येतद् वसिष्ठं च प्रतीत्य् ऋचम् ।
माहित्रं शुद्धवत्यश्च सुरापोऽपि विशुध्यति ॥२४९॥

kautsaṃ japtvā'pa ityetad vasiṣṭhaṃ ca pratīty ṛcam |
māhitraṃ śuddhavatyaśca surāpo'pi viśudhyati ||249||

 

Even a drinker of wine becomes pure if he recites the ‘Kautsa hymn,’ beginning with the term ‘Ap,’ or the ‘Vāsiṣṭha hymn,’ consisting of the triad of verses beginning with ‘Prati,’ or the ‘Māhitra hymn,’ or the ‘Śuddhavati verses.’ — (249)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Kautsa hymn’ is that which was revealed to, and given out by, the sage Kutsa, — the eight verses beginning with ‘Ap naḥ shoshuchadadham, etc.,’ found in the Ṛgveda (1.97.1).

‘The Vāsiṣṭha hymn consisting of the triad of verses beginning with “Prati.”’ — The group of three verses, ‘prati’ being the opening word of the hymn. — ‘Pratistomebhirupasaṃvasiṣṭhāḥ, etc.’ (Ṛgveda, 7.80.1).

‘Māhitra hymn’ — that revealed to the Mahitṛs, — this also consists of three verses, and contains the term ‘Mahitṛ’ (Ṛgveda, 10.185.1).

Some people read ‘Mahendram’ (for ‘Māhitram’); and this would mean the forty-eight verses ‘Mahān Indra ojase, etc. etc.’ (Ṛgveda, 8.8.1), — which is also called the ‘Payḥ-Sūkta.’

‘Śuddhavati verses’ — ‘Eto indrastavāṃśudhim śuddhena, etc.’ (Ṛgveda, 8.95.7).

Here also the term ‘Even’ is meant to include sins similar to the one mentioned. — (249)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 457).

 

Comparative notes by various authors:

Vaśiṣṭha (26.5). — ‘Even a wine-drinker becomes pure, if he recites the hymn revealed to Kutsa — ‘Apnaḥ, etc.’ and the hymn revealed to Vaśiṣṭha — ‘Prati, etc.,’ the Māhitra hymn and the Śuddavatīs.’

Viṣṇu (55.4). — ‘By reciting the Aghamarṣaṇa hymn (and taking one meal of sacrificial food each day, for a month) a wine-drinker becomes freed from sin.’

Yājñavalkya (3.303-304). — ‘Having fasted for three days, having poured oblations of clarified butter, with the Kūṣmāṇḍa Mantras, — and reciting the Rudra hymn, standing in water, the wine-drinker and gold-stealer become purified; and afterwards a milch cow should be given away.’

 

 

VERSE 11.250

Section XXXII - Expiation of Secret Sins

 

सकृत्जप्त्वाऽस्यवामीयं शिवसङ्कल्पमेव च ।
अपहृत्य सुवर्णं तु क्षणाद् भवति निर्मलः ॥२५०॥

sakṛtjaptvā'syavāmīyaṃ śivasaṅkalpameva ca |
apahṛtya suvarṇaṃ tu kṣaṇād bhavati nirmalaḥ ||250||

 

Having stolen gold, one instantly becomes free from impurity, by reciting once the ‘Āsyavāmīya hymn’ and the ‘Śivasaṅkalpa hymn.’ — (250)

 

Medhātithi’s commentary (manubhāṣya):

From the mention of ‘once’ in the present text, it follows that in the foregoing verses, a repetition is meant; and this is also indicated by usage and by what we find expressly stated in other cases: — e.g., ‘Having recited the “Aghamarṣaṇa Hymn” three times’ (259); which is connected with conditional liability.

‘Āsyavāmīya’ is the name of that hymn ‘which contains the word asyavama,’ — the word being formed according to Pāṇini, 5.2.59. This is a hymn containing fifty-two verses, beginning with the words ‘asya vāmasya palitasya hotuḥ’ (Ṛgveda, 1.164.1.).

‘Śivasaṅkalpa Hymn’ — consisting of six verses, beginning with ‘yajjāgrato dūramudaiti.’ (Vājasaneya Saṃhitā, 34.1). — (250)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.304), which remarks that this refers to a case where a person with excellent qualifications has stolen the gold belonging to a man with absolutely no good qualities.

 

Comparative notes by various authors:

Vaśiṣṭha (26.6). — ‘Even the gold-stealer becomes instantly freed from guilt, if he once recites the hymn beginning with “Asya vāmasya,” and also the Śivasaṅkalpa texts.’

Yājñavalkya (3.303). — (See above verse 249.)

 

 

VERSE 11.251

Section XXXII - Expiation of Secret Sins

 

हविष्पान्तीयमभ्यस्य न तमं ह इतीति च ।
जपित्वा पौरुषं सूक्तं मुच्यते गुरुतल्पगः ॥२५१॥

haviṣpāntīyamabhyasya na tamaṃ ha itīti ca |
japitvā pauruṣaṃ sūktaṃ mucyate gurutalpagaḥ ||251||

 

The Violator of the Preceptor’s Bed becomes absolved by repeating the ‘Haviṣpāntīya Hymn,’ (Ṛgveda, 10.88.1), the verse beginning with ‘na tamam ha’ (Ṛgveda, 10.126) and that beginning with ‘iti’ (Ṛgveda, 10.119), — and by reciting the ‘Puruṣasūkta’ (Ṛgveda, 10.90.1) — (251)

 

Medhātithi’s commentary (manubhāṣya):

‘Itīti’ — the first ‘iti’ is the opening word of the text referred to, and the second ‘iti’ is meant to show that the former is the opening word of a text; — and it serves to show that a different text is meant. Thus it is that we get at the indication of a particular sacred text.

‘Pauruṣa-Sūkta’ — is the hymn consisting of sixteen verses, beginning with the word ‘sahasraśīrṣā.’ — (251)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.305), which says that this refers to cases of unintentional offences; — and in Parāśaramādhava (Prāyaścitta, p. 458).

 

Comparative notes by various authors:

Yājñavalkya (3.304). — ‘By reciting the Sahasraśīrṣā hymn, the violator of the Guru’s bed becomes freed from sin; and afterwards a milch cow should be given away.’

Vaśiṣṭha (26.7). — ‘The violator of the Guru’s bed is freed from sin if he repeatedly recites the hymn beginning with “Haviṣpāntam ajaram,” that beginning with “Na tam aṃhaḥ,” and the Puruṣa-hymn.’

Viṣṇu (55.6). — ‘The violator of the Guru’s bed becomes free from sin by fasting for three days and reciting the Puruṣa-hymn and, at the same time, offering Homa.’

 

 

VERSE 11.252

Section XXXII - Expiation of Secret Sins

 

एनसां स्थूलसूक्ष्माणां चिकीर्षन्नपनोदनम् ।
अवेत्यर्चं जपेदब्दं यत् किं चेदमितीति वा ?? ॥२५२॥

enasāṃ sthūlasūkṣmāṇāṃ cikīrṣannapanodanam |
avetyarcaṃ japedabdaṃ yat kiṃ cedamitīti vā ?? ||252||

 

One who desires to expiate sins great and small, shall repeat, for one year, the verse beginning with ‘ava’, or that beginning with ‘yatkiñcedam.’ — (252)

 

Medhātithi’s commentary (manubhāṣya):

After the treatment of the ‘Heinous Offences,’ other ‘sins, great and small,’ — i.e., the ‘minor offences,’ — are next dealt with.

He who ‘desires to expiate’ these should ‘repeat for one year the verse beginning with “ava.”’ — The term ‘ava’ indicates the opening word of the verse ‘Ava te hedo varuṇa namobhiḥ, etc.’ (Ṛgveda, 1.24.14), — this verse containing words indicating absolution from sins; it does not stand for the other verse beginning with ‘ava’ — ‘avatadenīmāheturāṇam.’ Or, he shall recite the verse ‘Yatkiñcedam varuṇa daivyejanaḥ, etc.’ (Ṛgveda, 7.89.5). — (252)

 

Explanatory notes by Ganganath Jha:

The two verses mentioned are Ṛgveda 1.24.14 and 7.89.5.

This verse is quoted in Madanapārijāta (p. 993), which adds that as the number of repetitions is not mentioned, the texts have to be recited at all times, except when the man’s time may be taken up by other necessary acts; — it remarks that what is stated here refers to cases of repeated offence.

It is quoted in Mitākṣarā (3.306), which makes the same remarks as Madanapārijāta.

 

 

VERSE 11.253

Section XXXII - Expiation of Secret Sins

 

प्रतिगृह्याप्रतिग्राह्यं भुक्त्वा चान्नं विगर्हितम् ।
जपंस्तरत्समन्दीयं पूयते मानवस्त्र्यहात् ॥२५३॥

pratigṛhyāpratigrāhyaṃ bhuktvā cānnaṃ vigarhitam |
japaṃstaratsamandīyaṃ pūyate mānavastryahāt ||253||

 

If a man has accepted a gift that should not be accepted, or has eaten reprehensible food, he becomes pure in three days, by repeating the Taratsamandīya’ verses. — (253)

 

Medhātithi’s commentary (manubhāṣya):

‘What should not be accepted’ — such as wine and similar things, or gold and such things from a sinner, — this latter also being ‘what should not be accepted.’

‘Reprehensible food’ — food that has been polluted by any one of the four causes — its very nature, lapse of time, ownership and contact.

‘Taratsamandīya verses’ — are four of the ‘Pāvamanī’ verses (Ṛgveda, 9.58.1-4). — (258)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 174); — in Mitākṣarā (3.307), which explains ‘apratigrāhyam’ as ‘poison, weapons, liquors, and things belonging to outcasts’; — in Madanapārijāta (p. 994); — and in Prāyaścittaviveka (p. 415).

 

Comparative notes by various authors:

Gautama (24.2-3). — ‘He who desires to accept, or has accepted a gift which ought not to he accepted, shall recite the four Ṛk verses beginning with “Tarat sa mandī,” standing in water. He who desires to eat forbidden food, shall scatter earth on it.’

Baudhāyana (4.2.4-5). — ‘He who is about to accept gifts, or he who has accepted gifts, must repeatedly recite the four Ṛk-verses called Taratsamandīs. But in case one has eaten any kind of forbidden food, or food given by a person whose food should not be eaten, the means of removing the guilt is to sprinkle water over one’s head while reciting the Taratsamandī verses.’

 

 

VERSE 11.254

Section XXXII - Expiation of Secret Sins

 

सोमारौद्रं तु बह्वेनाः मासमभ्यस्य शुध्यति ।
स्रवन्त्यामाचरन् स्नानमर्यम्णामिति च तृचम् ॥२५४॥

somāraudraṃ tu bahvenāḥ māsamabhyasya śudhyati |
sravantyāmācaran snānamaryamṇāmiti ca tṛcam ||254||

 

One who has committed many sins becomes purified by reciting, for a year, the ‘Somāraudra hymn’ and the three verses beginning with ‘aryamaṇam,’ — while taking his bath in a stream. — (254)

 

Medhātithi’s commentary (manubhāṣya):

The three verses beginning with ‘Somārudrā dhārayethamastram’ (Ṛgveda, 6.74.1); and the verse beginning with ‘Aryamaṇam varuṇam mitram’ (Ṛgveda, 4.2.4).

‘Samām’ — for one year.

This verse (laying down a single expiation for one who has committed many sins) lends support to the view that a single expiation may serve to atone for several offences.

‘In a stream.’ — This precludes tanks and pools. — (254)

 

 

VERSE 11.255

Section XXXII - Expiation of Secret Sins

 

अब्दार्धमिन्द्रमित्येतदेनस्वी सप्तकं जपेत् ।
अप्रशस्तं तु कृत्वाऽप्सु मासमासीत भैक्षभुक् ॥२५५॥

abdārdhamindramityetadenasvī saptakaṃ japet |
apraśastaṃ tu kṛtvā'psu māsamāsīta bhaikṣabhuk ||255||

 

An offender shall recite, for half the year, the seven verses beginning with ‘Indram’; but he who has committed a reprehensible act in water shall subsist, for one month, on alms. — (255)

 

Medhātithi’s commentary (manubhāṣya):

The verses referred to are the seven beginning with ‘Indram mitram varuṇamagnim’ (Ṛgveda, 1.106.1-7).

‘For half the year’ — for six months.

‘The offender shall recite.’ — Since there is no qualifying epithet, what is mentioned here should be taken as pertaining to all offences.

‘Reprehensible act.’ — Sexual intercourse, or evacuation of the bowels. If one does this in water, he should subsist, for one month, on alms. — (255)

 

Explanatory notes by Ganganath Jha:

The second half of this verse is quoted in Mitākṣarā (3.307) as referring to cases of passing urine, semen and such things in water.

 

 

VERSE 11.256

Section XXXII - Expiation of Secret Sins

 

मन्त्रैः शाकलहोमीयैरब्दं हुत्वा घृतं द्विजः ।
सुगुर्वप्यपहन्त्येनो जप्त्वा वा नम इत्यृचम् ॥२५६॥

mantraiḥ śākalahomīyairabdaṃ hutvā ghṛtaṃ dvijaḥ |
sugurvapyapahantyeno japtvā vā nama ityṛcam ||256||

 

A twice-born person destroys even the most grievous sin by making Homa-offerings of clarified butter for one year, with the sacred texts related to the ‘Śākala-homa,’ or by repeating the verse beginning with ‘namaḥ.’ — (256)

 

Medhātithi’s commentary (manubhāṣya):

‘Sacred texts related to the Śākala-homa’ are the eight verses beginning with — ‘Devakṛtasyainasovayajanamaṣi’ (Vājasaneya Saṃhitā, 8.13); — if one makes Homa-offerings of clarified butter with these texts, for one year, he destroys even the ‘most grievous sin,’ — i.e., even all the ‘heinous offences.’

‘By repeating’ the mantra ‘namo rudrāya tavase kapardine, etc.’ (Vājasaneya Saṃhitā, 16) — for one year, — he obtains the same success; — even without performing the Śākala-homa.

Thus this ‘repeating of the mantra’ is an expiation alternative to the aforesaid ‘Śākala-homa’; as also to the reciting of some other text beginning with ‘namaḥ’, — what this other text is being ascertained from cultured men. — (256)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.305) as referring to cases of intentional offence; — and in Parāśaramādhava, (Prāyaścitta p. 457).

 

 

VERSE 11.257

Section XXXII - Expiation of Secret Sins

 

महापातकसंयुक्तोऽनुगच्छेद् गाः समाहितः ।
अभ्यस्याब्दं पावमानीर्भैक्षाहारो विशुध्यति ॥२५७॥

mahāpātakasaṃyukto'nugacched gāḥ samāhitaḥ |
abhyasyābdaṃ pāvamānīrbhaikṣāhāro viśudhyati ||257||

 

He who is polluted by a ‘heinous offence,’ should, with concentrated mind, attend upon cows; and by repeating the Pāvamānī verses and subsisting on alms for one year, he becomes pure. — (257)

 

Medhātithi’s commentary (manubhāṣya):

‘Polluted by a heinous offence.’ — It is understood that this also refers to the number of such offences enumerated above; and it is quite reasonable for several expiations for each of the lighter offences.

‘Pāvamānī verses.’ — This stands for the entire ‘maṇḍala,’ beginning with the verse ‘svādiṣṭhayā madiṣṭhayā, etc.,’ (Ṛgveda, 9.1.1) and ending with ‘yatte rājañchṛtam haviḥ, etc.’ (9.114.4).

The ‘Anugamana of the cows’ does not mean merely following them, but attending on them; and the exact form of this is to be ascertained from the description of the expiation for ‘cow-killing.’ — (257)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 457); — in Madanapārijāta (p. 982), as referring to cases of intentional repeated acts; — and in Prāyaścittaviveka (p. 501).

 

 

VERSE 11.258

Section XXXII - Expiation of Secret Sins

 

अरण्ये वा त्रिरभ्यस्य प्रयतो वेदसंहिताम् ।
मुच्यते पातकैः सर्वैः पराकैः शोधितस्त्रिभिः ॥२५८॥

araṇye vā trirabhyasya prayato vedasaṃhitām |
mucyate pātakaiḥ sarvaiḥ parākaiḥ śodhitastribhiḥ ||258||

 

Or, if, purified by the performance of three ‘Parāka’ penances, and self-controlled, he repeats thrice the entire text of the Veda, in a forest, he becomes absolved from all sins. — (258)

 

Medhātithi’s commentary (manubhāṣya):

This is another expiation for the man ‘polluted by a heinous offence.’

‘Entire text of the Veda’ — comprising of the ‘mantra’ as well as the ‘Brāhmaṇa’ portion.

Having fasted for thirty-six days, if he recites the Vedic text in a forest, he becomes absolved from sins. — (258)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.302), which notes that it applies to cases of the unintentional slaying of the learned Brāhmaṇa, or to those of the intentional repetition of the slaying of others; — in Madanapārijāta (p. 972), as referring to the intentional once slaying of the learned Brāhmaṇa, or to the unintentional repeated slaying of the unlearned Brāhmaṇa; — in Parāśaramādhava (Prāyaścitta, p. 456); — and in Nṛsiṃhaprasāda (Prāyaścitta 32a).

 

 

VERSE 11.259

Section XXXII - Expiation of Secret Sins

 

त्र्यहं तूपवसेद् युक्तस्त्रिरह्नोऽभ्युपयन्नपः ।
मुच्यते पातकैः सर्वैस्त्रिर्जपित्वाऽघमर्षणम् ॥२५९॥

tryahaṃ tūpavased yuktastrirahno'bhyupayannapaḥ |
mucyate pātakaiḥ sarvaistrirjapitvā'ghamarṣaṇam ||259||

 

If a man fasts for, three days, and entering the water thrice a dat repeats the ‘Aghamarṣaṇa Hymn’ three times, he becomes absolved from all sins. — (259)

 

Medhātithi’s commentary (manubhāṣya):

Construe thus — ‘apobhyupayan aghamarṣanam japitvā’; whence it follows that the reciting of the hymn is to be done in water. This has the support of another Smṛti text.

‘Aghamarṣaṇa’ is the name of a set of three verses already described above (Ṛgveda, 10.190.1, etc.). — (259)

 

Explanatory notes by Ganganath Jha:

(verses 11.259-260)

These verses are quoted in Madanapārijāta (p. 746).

 

Comparative notes by various authors:

Gautama (24.12). — ‘Thrice repeating the Aghamarṣaṇa hymn, while immersed in water one is freed from all sins.’

Baudhāyana (3.5.1-6). — ‘Now we shall describe the rule of the most holy Aghamarṣaṇa: — One goes to a bathing place and bathes there; dressed in a pure dress, he shall raise, close to the water, an altar, and moistening his clothes by one application of water, and filling his hand once with water, he shall recite the Aghamarṣaṇa hymn privately. He shall repeat it one hundred times in the morning, one hundred times at midday, and one hundred times, or an unlimited number of times in the afternoon. When the stars have appeared, he shall partake of gruel prepared of one handful of barley. After seven days and nights of this course, he is freed from all minor sins, committed intentionally or unintentionally; after twelve days and nights, from all other sins, except the Mahāpātakas; after twenty-one days he overcomes even these latter and conquers them.’

Vaśiṣṭha (26.8). — ‘Plunging into water, he may thrice recite the Aghamarṣaṇa. Manu has declared that the effect of this is the same as that of joining in the final bath of the Āśvamedha.’

Yājñavalkya (3.302). — ‘The slayer of a Brāhmaṇa, having fasted for three days and having recited, in water, the Agha marṣaṇa hymn, and giving a milch cow, becomes purified.’

 

 

VERSE 11.260

Section XXXII - Expiation of Secret Sins

 

यथाऽश्वमेधः क्रतुराड् सर्वपापापनोदनः ।
तथाऽघमर्षणं सूक्तं सर्वपापापनोदनम् ॥२६०॥

yathā'śvamedhaḥ kraturāḍ sarvapāpāpanodanaḥ |
tathā'ghamarṣaṇaṃ sūktaṃ sarvapāpāpanodanam ||260||

 

Just as the Aśvamedha, the king of sacrifices, is destructive of all sins, even so is the ‘Aghamarṣaṇa Hymn’ also destructive of all sins. — (260)

 

Medhātithi’s commentary (manubhāṣya):

The verse is purely commendatory. — (260)

 

Explanatory notes by Ganganath Jha:

(verses 11.259-260)

These verses are quoted in Madanapārijāta (p. 746).

 

Comparative notes by various authors:

Viṣṇu (55.7). — ‘Even as the Āśvamedha, the King of sacrifices, removes all sin, so does the Aghamarṣaṇa also remove all sin.’

Baudhāyana (4.2.15). — (Same as Vaśiṣṭha 26.8, for which see under 259.)

 

 

VERSE 11.261

Section XXXII - Expiation of Secret Sins

 

हत्वा लोकानपीमांस्त्रीनश्नन्नपि यतस्ततः ।
ऋग्वेदं धारयन् विप्रो नैनः प्राप्नोति किं चन ॥२६१॥

hatvā lokānapīmāṃstrīnaśnannapi yatastataḥ |
ṛgvedaṃ dhārayan vipro nainaḥ prāpnoti kiṃ cana ||261||

 

Even if he kills the three worlds, or if he eats here and there, he does not incur any sin, if he retains the Ṛgveda (in memory). — (261)

 

Medhātithi’s commentary (manubhāṣya):

This also is purely commendatory, meant to indicate that the retaining of the Ṛgveda is a ‘Secret Expiation.’

Others, however, hold that the whole set of verses from 258 to the present, are descriptive of the ‘Secret Expiation.’ — (261)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 174).

 

Comparative notes by various authors:

Vaśiṣṭha (27.3). — ‘A Brāhmaṇa who remembers the Ṛgveda is not tainted by any guilt.’

 

 

VERSE 11.262

Section XXXII - Expiation of Secret Sins

 

ऋक्संहितां त्रिरभ्यस्य यजुषां वा समाहितः ।
साम्नां वा सरहस्यानां सर्वपापैः प्रमुच्यते ॥२६२॥

ṛksaṃhitāṃ trirabhyasya yajuṣāṃ vā samāhitaḥ |
sāmnāṃ vā sarahasyānāṃ sarvapāpaiḥ pramucyate ||262||

 

One becomes absolved from all sins by reciting, with concentrated mind, three times, the text of the Ṛk or of the Yajuṣ, or of the Sāman, along with the esoteric texts. — (262)

 

Medhātithi’s commentary (manubhāṣya):

Inasmuch as the ‘Ṛk,’ etc., are so specified, the Brāhmaṇa texts become excluded.

‘Esoteric texts’ — the Sāman-texts occurring in the Āraṇyakas. — (262)

 

Comparative notes by various authors:

Baudhāyana (3.9.5-21). — ‘He must begin with the beginning of the Veda and continuously recite it. He shall recite the Saṃhitā of his Veda twelve times. If he recites the Saṃhitā a thousand times he becomes one with Brahman.’

Baudhāyana (4.5.29). — ‘If one recites the whole Ṛgveda, Yayurveda and Sāmaveda, or thrice recites one of these three Vedas, and fasts, — that is the most efficient means of purification.’

 

 

VERSE 11.263

Section XXXII - Expiation of Secret Sins

 

यथा महाह्रदं प्राप्य क्षिप्तं लोष्टं विनश्यति ।
तथा दुश्चरितं सर्वं वेदे त्रिवृति मज्जति ॥२६३॥

yathā mahāhradaṃ prāpya kṣiptaṃ loṣṭaṃ vinaśyati |
tathā duścaritaṃ sarvaṃ vede trivṛti majjati ||263||

 

As a clod of earth, being thrown, becomes dissolved as soon as it gets into the water, — even so does all sin become engulfed in the threefold Veda. — (263)

 

Medhātithi’s commentary (manubhāṣya):

‘Threefold’ — that which has three component factors; each Veda is regarded as the ‘component factor’ of another as all of them serve the same purpose. — (263)

 

 

VERSE 11.264

Section XXXII - Expiation of Secret Sins

 

ऋचो यजूंषि चान्यानि सामानि विविधानि च ।
एष ज्ञेयस्त्रिवृद्वेदो यो वेदैनं स वेदवित् ॥२६४॥

ṛco yajūṃṣi cānyāni sāmāni vividhāni ca |
eṣa jñeyastrivṛdvedo yo vedainaṃ sa vedavit ||264||

 

The Ṛk-verses, the primeval Yajuṣ-texts, and the manifold Sāman-songs, — these constitute the ‘Threefold Veda’; he who knows this is ‘learned in the Vedas.’ — (264)

 

Medhātithi’s commentary (manubhāṣya):

The said three ‘component factors’ are now described.

‘Primeval’ — the most important.

If we read ‘anyāni’ for ‘ādyāni,’ the meaning is ‘those also that are found among the Brāhmaṇa texts,’ or ‘those arranged in the order of the Pada-text.’

‘Manifold Sāmatt-songs’ — as classified under the two classes ‘grāmya’ and ‘āraṇya.’ — (264)

 

 

VERSE 11.265

Section XXXII - Expiation of Secret Sins

 

आद्यं यत् त्र्यक्षरं ब्रह्म त्रयी यस्मिन् प्रतिष्ठिता ।
स गुह्योऽन्यस्त्रिवृद्वेदो यस्तं वेद स वेदवित् ॥२६५॥

ādyaṃ yat tryakṣaraṃ brahma trayī yasmin pratiṣṭhitā |
sa guhyo'nyastrivṛdvedo yastaṃ veda sa vedavit ||265||

 

That primeval tri-syllablic brahman, in which bests the Vedic Triad, is the other and esoteric ‘Threefold Veda’; he who knows this is ‘learned in the Vedas.’ — (265)

 

Medhātithi’s commentary (manubhāṣya):

‘Trisyllablic’ — i.e., a composite of the three syllables contained in the word ‘Om.’

The ‘primeval Brahman,’ which is ‘esoteric’ — as being set forth in detail in the esoteric sections of the Veda, where it is put forward as an object of worship. Or it may be regarded as ‘esoteric’ on account of its being denotative of the supreme soul, and not in the sense of being unknown; since it is well-known among people as the syllable ‘Om.’

That wherein the Vedic Triad lies condensed, — since all letters are described as contained in ‘Om.’ The worship or meditation of this has been already described above, as also in such passages as — ‘One should meditate upon the syllable Om’ (Chāndogya Upa, 1.1.1).

The preceding verse has spoken of the Mantras as the ‘Veda,’ while in the present verse it is the Vedānta that is so spoken of. As for knowledge of duties, this is provided by what has been enjoined under ‘Vedic Study.’ — (265)

 

End of Discourse XI.

 

***


 

Discourse XII – Philosophy

 

VERSE 12.1 [Question]

Section I - Question

 

चातुर्वर्ण्यस्य कृत्स्नोऽयमुक्तो धर्मस्त्वयाऽनघः ।
कर्मणां फलनिर्वृत्तिं शंस नस्तत्त्वतः पराम् ॥१॥

cāturvarṇyasya kṛtsno'yamukto dharmastvayā'naghaḥ |
karmaṇāṃ phalanirvṛttiṃ śaṃsa nastattvataḥ parām ||1||

 

‘O sinless one, the whole law for the four castes has been expounded by you; instruct us now in regard to the actual fruition of actions.’ — (1)

 

Medhātithi’s commentary (manubhāṣya):

The first half of the verse indicating the end of the subject-matter of the ordinances, serves the purpose of shutting out any further desire on the part of the listeners.

‘Whole’ — This epithet is meant to be commendatory; the sense being that ‘these ordinances have set forth all the Smārta duties along with the esoteric explanations.’

The fact of the Teacher having completed his task is described through the mouth of the pupil; but no stress is meant to be laid upon it.

In reality however the assertions set forth here do not emanate from the Teacher and Pupil at all; the author of the book himself has divided these into two parts (of question and answer).

The term ‘Dharma’ denoting what ought to be done, here stands for the whole compilation of Injunctions and Prohibitions. And it is through this that the connection between actions and their results, even though not referred to before, is now set forth.

The assertion — ‘The whole law has been expounded by you’ — becomes explicable only when taken as referring to Injunctions and Prohibitions.

“The result of what action is asked about — when it is said — ‘Instruct us now in regard to the function of actions’? For those actions that are compulsory are done simply because they have been enjoined by the Scriptures, and the agent does not have any reward in view at all; those that are not compulsory, in connection with nearly every one of them distinct rewards have been spoken of; — e.g., in such declarations as ‘one who makes a gift of water obtains satisfaction, as also heaven and longevity’; — and even those in connection with which it might be thought that no rewards have been spoken of, — there also it has been proved that Heaven is their reward; — as regards the Gestatory and other Sacramental Rites, these have their reward in the peculiar character that they bestow upon the persons for whom they are performed; and as such do not stand in need of any transcendental results; — the Occasional Acts, such as the purifying of substances and the like, or the bathing on touching a Caṇḍāla and so forth, — these also lead to results that are quite perceptible; they are done for the purpose of purifying things, because the use of impure things has been forbidden; — lastly, as regards Expiatory Rites the purpose served by them has been just described. Thus we fail to see those actions whose results are -sought to be known.”

The result sought to be known is that of those that are forbidden; as it is those that are spoken of below, as ‘the sinfulness of acts committed through the body, etc., etc.’ (Verse 9). And in a way the obeying of prohibitions also is something enjoined by the scriptures.

“If those acts also were laid down for the purpose of rewards, they would not be incumbent on all men; as they would be performed by only such men as happen to have a desire for the particular reward.”

Our answer to this is as follows: — Here no such results are going to be described as are desired by men; as what are set forth here are the undesirable results; and certainly these are not desired; no man ever wishes to obtain what is undesirable; and it is in this manner that the results mentioned come to bear upon all men.

What we have said regarding the obeying of prohibitions being an act done in accordance with scriptural injunctions, does not go far enough; the fact of the matter is that everything is done in accordance with scriptural injunctions.

“But the acts that the scriptural injunctions set forth are done for the sake of men desiring the results of those acts; — or in some cases, the acts are occasional ones, laid down without reference to any results in the case in question (of prohibitions) however, inasmuch as we do not find any expressions indicative of the fact that they shall he obeyed ‘throughout life,’ wherefore would the forbidden act not he done?”

It is found that if one ignores the prohibitions he incurs sin. For instance, it has been declared that ‘by entertaining a desire to kill a Brāhmaṇa, one goes to hell.’

“The act that is forbidden, — such as the killing of a Brāhmaṇa and the like, — is certainly not one that is enjoined by the scripture. It is only an act enjoined by the scripture that can have any connection with results mentioned in the scriptures; as we find in the case of such declarations as — ‘one desiring heaven should perform sacrifices’; where the fact that sacrifices should be performed is one that can he got at only from the scriptures, and not from any other source. In the ease in question on the other hand, men are prompted to do the prohibited acts by hatred and such other worldly unscriptural motives; and what is itself unscriptural cannot have any connection with a result that is scriptural. It has been asserted that texts have indicated that the ignoring of prohibitions is conducive to sin. But what would be the need for such an indication?

Since all that we learn from the scriptural prohibition is that it says to the man moved by hatred to do some forbidden act (like the killing, for instance) — ‘this should not be done’; and there the comprehension of the sentence is complete; what word is left there uncomprehended which would need the said indication?”

If we were to pursue this enquiry further, it would prolong our work unduly. The fact of the matter in brief is this: — what the prohibitive injunction ‘one shall not kill’ signifies is a prohibition. Now there does arise in the mind of the person to whom this injunction is addressed a desire to know what it all means; and the idea that he derives from it is — ‘such and such a course of action shall not be adopted by me’; and it is not the object (act) that is urged by the Injunction; since by their very nature injunctions are meant to urge agents, and the agent in the case in question would be indicated by the presence of the worldly motive of hatred, which is what would be in keeping with the nature of the act of killing. The man who undertakes to kill by his own will would not stand in need of being urged by an injunction; and it is such a person to whom the prohibitive injunction is addressed. In a case where the action is indicated by other sources, any injunction that bears upon it may be taken as indicating the agent concerned; and in cases where no desire for any result is concerned, the person who is urged by the injunction does not comprehend the fact of bis being the person urged, until he understands that what is prohibited leads to an undesirable result: In fact such is the way in which ordinary men understand things. When a certain act is found to be forbidden by the Veda, if a man does it, it is understood that it would lead to undesirable results. And in matters like the present nothing can be put forward except what happens in the course of ordinary worldly experience. And even if the fact of a certain act leading to undesirable results, is not directly mentioned, it will be only right to assume this fact, on the basis of the very nature of prohibitions; to say nothing of cases where the said fact is directly mentioned? For there can be no justification of rejecting what, is directly mentioned. The mention of such results as ‘hell’ and the like cannot be regarded as purely declamatory, so long as it is capable of being taken as setting forth the results of acts spoken of. Further, declamatory assertions also are only complements to injunction. In the case in question, however, there is no injunction mentioned either directly or indirectly; because the fact principally sought to be set forth is the connection between the act and the result. In the present discourse no acts are enjoined; all that is propounded is the relation of certain acts to certain results; and the hundreds of assertions contained here cannot be meaningless. If they were really meaningless, we would have admitted it to be so; but such is not the way of writers on Smṛtis. Nor can the passages in question be explained in any other way save in the one indicated above; specially as there is no injunction to which they could be complements (and hence be taken as Declamatory Declarations).

It might be argued that such figurative explanation would be wrong, even on the part of writers on scriptures.

But it is not so; those who talk thus show utter disregard for the Great Sages.

‘Agha’ is sin; ‘anagha,’ ‘sinless one,’ is in the Case of Address; denoting freedom from sin, which is meant to be a praise of the teacher.

‘Instruct’ denotes speaking. — (l)

 

Explanatory notes by Ganganath Jha:

(verses 12.1-4)

These verses are quoted in Madanapārijāta (p. 692), which adds the following notes: — ‘Trividhasya’, the three kinds, highest, middling, and lowest, — ‘tryadhiṣṭhānasya’ which has three substrata, in the shape of mind, speech and body, — ‘daśalakṣaṇayuktasya’, the ten distinguishing features of ‘paradravyābhidhyāna’ and the rest going to be described below (verses 5-7); — of this ‘dehin’ know the mind to be the ‘instigator’; — in Nṛsiṃhaprasāda (Prāyaścittā 41a); — and verse (3) only in Prāyaścittaviveka (p. 12).

 

 

VERSE 12.2 [The Philosophy of Action and its Retribution (karmayoga)]

Section II - The Philosophy of Action and its Retribution (karmayoga)

 

स तानुवाच धर्मात्मा महर्षीन् मानवो भृगुः ।
अस्य सर्वस्य शृणुत कर्मयोगस्य निर्णयम् ॥२॥

sa tānuvāca dharmātmā maharṣīn mānavo bhṛguḥ |
asya sarvasya śṛṇuta karmayogasya nirṇayam ||2||

 

The righteous Bhṛgu, sprung for Manu, said to the Great Sages — ‘Listen to the truth regarding the relation of Actions.’ — (2)

 

Medhātithi’s commentary (manubhāṣya):

This is the answer to the question of the sages.

‘Listen to what you have asked.’

‘Karma-yoga’ — The compound is to be explained as the ‘yoga,’ ‘relation,’ of ‘karma,’ ‘actions’; and from the context it is clear that it is the ‘relation’ to results that is meant’ — (2)

 

Explanatory notes by Ganganath Jha:

(verses 12.1-4)

See Comparative notes for Verse 12.1.

 

 

VERSE 12.3

Section II - The Philosophy of Action and its Retribution (karmayoga)

 

शुभाशुभफलं कर्म मनोवाग्देहसम्भवम् ।
कर्मजा गतयो नॄणामुत्तमाधममध्यमः ॥३॥

śubhāśubhaphalaṃ karma manovāgdehasambhavam |
karmajā gatayo nṝṇāmuttamādhamamadhyamaḥ ||3||

 

Actions proceeding from mind, speech and body are conducive to good and bad results; and the conditions of men, due to actions, are high, low and middling. — (3)

 

Medhātithi’s commentary (manubhāṣya):

The ‘good’ results are mentioned only by way of an example; or as laying down the functions of the mind and speech.

Actions proceed from mind, speech and body. The term ‘Karma,’ ‘action,’ here does not stand only for that movement of the body which is involved in the performance of sacrifices; it stands for all kinds of action, even those of the nature of contemplation, meditation, speaking and the like.

The term ‘phala,’ ‘result,’ is to be construed with each of the two terms of the compound (‘śubha’ and ‘aśubha’); so that what the compound means is ‘conducive to good results’ and ‘conducive to bad results.’

This should not be understood to mean that good and bad results are obtained only from the performance of such actions as are accomplished by bodily operations, in fact the same thing happens in the case of actions springing from mind and speech also; since results have been described as proceeding from all the three kinds of actions. — (3)

 

Explanatory notes by Ganganath Jha:

(verses 12.1-4)

See Comparative notes for Verse 12.1.

 

Comparative notes by various authors:

Hārīta (Aparārka, p. 998). — ‘Whatever act, good or bad, a man does, in whatever circumstances, of that he obtains the reward under the same circumstances. In the body he suffers the consequences of his bodily acts; in speech, those of his verbal acts; and in his mind, those of his mental acts.’

 

 

VERSE 12.4

Section II - The Philosophy of Action and its Retribution (karmayoga)

 

तस्यैह त्रिविधस्यापि त्र्यधिष्ठानस्य देहिनः ।
दशलक्षणयुक्तस्य मनो विद्यात् प्रवर्तकम् ॥४॥

tasyaiha trividhasyāpi tryadhiṣṭhānasya dehinaḥ |
daśalakṣaṇayuktasya mano vidyāt pravartakam ||4||

 

Know the mind to be the instigator of all this that is connected with the body, and which is of three kinds, has three substrata and is endowed with ten distinct characteristics. — (4)

 

Medhātithi’s commentary (manubhāṣya):

Objection — “All actions, good or bad, laid down in such passages as — ‘he shall punish the guilty,’ ‘he shall not injure,’ are accomplished by the operation of the body. For instance, (a) the act of giving, which consists in the withdrawing of one’s ownership over a thing and bringing about that of another, is laid down as ‘to be done with the right hand’ and so forth (which involves a bodily action); (b) the act of sacrificing, consisting of the entire procedure ending with the Final Bath, is one that is accomplished by bodily operations; (c) similarly all such acts as desisting from striking others with a stick and so forth are such as are due to bodily operations. What then is that action which springs from the Mind?”

It is in answer to this that the text says — ‘Know the Mind to be the instigator of all this.’ — Seeing and all such acts are functions of the Mind; as in the absence of Mind, no purely physical action is possible For instance, in the case of every act, the agent first of all conceives of the thing concerned as being of a certain nature and as bringing about pleasure or pain, or leading to something on which pleasure or pain is dependent, and then comes to the determination ‘I shall have this’ or ‘I shall not have it’; and it is only the action to which this determination leads where the functioning of the body or of speech comes in. Thus it is that in the case of ail intentional actions, the Mind is the ‘instigator.’ As for unintentional actions, the said process is not always perceptible; for instance, when wine is drunk under the misapprehension that it is some, other drink, or when one approaches another woman, mistaking her for one’s own wife, or in cases of such chance-actions as the killing of mosquitoes and other insects by the throwing about of the hand, turning on one’s sides during sleep and so forth; though in all these cases also the responsibility for doing it rests on the agent, which renders him liable to expiation.

‘Which is of three kinds’; — as brought about by speech, mind and body.

‘Three substrata’; — in accordance with the ‘high,’ ‘low’ and ‘middling’ conditions of the agent.

‘Endowed with ten distinct characteristics’; — the functions of the mind and the body being of three kinds each [making up six] and those of speech are of four kinds, — thus making up the ‘ten.’ These are going to be described in the next few verses. — (4)

 

Explanatory notes by Ganganath Jha:

(verses 12.1-4)

See Comparative notes for Verse 12.1.

 

 

VERSE 12.5

Section II - The Philosophy of Action and its Retribution (karmayoga)

 

परद्रव्येष्वभिध्यानं मनसाऽनिष्टचिन्तनम् ।
वितथाभिनिवेशश्च त्रिविधं कर्म मानसम् ॥५॥

paradravyeṣvabhidhyānaṃ manasā'niṣṭacintanam |
vitathābhiniveśaśca trividhaṃ karma mānasam ||5||

 

Coveting the wealth or others, scheming in one’s mind about what is undesirable, adhering to a wrong notion, — these are the three forms of ‘mental action.’ — (5)

 

Medhātithi’s commentary (manubhāṣya):

‘Coveting’ — What is meant is that through jealousy for the wealth of other men, one may be constantly thinking of some adversity befalling their fortune — ‘Oh, how many horses and cows! How many sheep and goats! What excellent horses! Woe to men! How is it that he has attained such prosperity! In what way may I wrest it all from him! It would be grand if all this wealth of his were destroyed!’

‘Scheming about what is undesirable.’ — Some people construe this also with the phrase ‘of others’; and take it to mean ‘the planning of the death of others with the view that all his wealth will come to him.’

“The ‘coveting of the wealth of others’ has also been explained to mean this same thing; so that the idea having been already provided by this phrase, the former would be entirely superfluous.”

The second phrase is a wider term. It is not right to ‘scheme about’ what is undesirable, for others; and loss of wealth is a particular form of ‘what is undesirable.’

It is in view of this difficulty that some people do not construe this second phrase with the phrase ‘of others’; and they explain ‘undesirable’ as standing for forbidden.

According to this view also, ‘the coveting of the wealth of others’ (which is also forbidden) would have to be taken as mentioned separately, only for the purpose of indicating its importance.

Similarly with the phrase ‘adhering to a wrong notion’; e.g., (a) when the prima facie argument is regarded as the Final Conclusion, (b) the philosophy of Idealism, (c) the view that the Veda is not trustworthy, (d) insistence on the view that there is no such thing as the Soul, and so forth.

Others explain this to mean constant opposition to the renouncing of meat-eating.

These three constitute the evil type of ‘mental activity’; apart from these are those of the good type; e.g., ‘not coveting what belongs to another,’ ‘kindness to all creatures,’ ‘faith in the reality of morality and such things.’ Says the revered Vyāsa — ‘Non-coveting of the property of others, sympathy for all beings, and the idea that righteous deeds always bring their reward, — one should constantly think in his mind of these three items.’ — (5)

 

Explanatory notes by Ganganath Jha:

‘Vitathābhiniveśaḥ’. — ‘Adherence to false doctrines’ (Medhātithi); — ‘constant deep hatred’ (‘others’ in Medhātithi).

This verse is quoted in Madanapārijāta (p. 692); — in Aparārka (p. 997); — in Nṛsiṃhaprasāda (Prāyaścitta 41a); — in Hemādri (Kāla p. 632); — and in Smṛtisāroddhāra (p. 88).

 

 

VERSE 12.6

Section II - The Philosophy of Action and its Retribution (karmayoga)

 

पारुष्यमनृतं चैव पैशुन्यं चापि सर्वशः ।
असम्बद्धप्रलापश्च वाङ्मयं स्याच्चतुर्विधम् ॥६॥

pāruṣyamanṛtaṃ caiva paiśunyaṃ cāpi sarvaśaḥ |
asambaddhapralāpaśca vāṅmayaṃ syāccaturvidham ||6||

 

Abusing, lying, calumniating all men, and idle prattling, — are the pour kinds of ‘verbal action.’ — (6)

 

Medhātithi’s commentary (manubhāṣya):

‘Abusing’ — uttering of words causing pain to others.

‘Calumniating’ — detracting from the merits of others, on account of jealousy.

‘Idle prattling’ and‘telling an untruth.’ — (6)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 692); — in Aparārka (p. 998); — in Nṛsiṃhaprasāda (Prāyaścitta 41a); — in Hemādri (Kāla, p. 632); — and in Smṛtisāroddhāra (p. 88).

 

Comparative notes by various authors:

Yājñavalkya (3.134). — ‘The man who is a liar, or a backbiter, or harsh in speech, or talks irrelevantly, is born among animals and birds.’

 

 

VERSE 12.7

Section II - The Philosophy of Action and its Retribution (karmayoga)

 

अदत्तानामुपादानं हिंसा चैवाविधानतः ।
परदारोपसेवा च शारीरं त्रिविधं स्मृतम् ॥७॥

adattānāmupādānaṃ hiṃsā caivāvidhānataḥ |
paradāropasevā ca śārīraṃ trividhaṃ smṛtam ||7||

 

Taking what has not been given, unsanctioned killing, and intercourse with the wives of others — these have been declared to be three kinds of ‘bodily action.’ — (7)

 

Medhātithi’s commentary (manubhāṣya):

Accepting from unworthy people of what has not been given, and what is itself an impure thing.

‘Wives of others’ — includes unmarried maidens also.

As against these there are — accepting proper gifts in the proper manner, protecting others and controlling of the organs.

Thus has Action proceeding from Mind, Speech and Body, been described as being of‘ten kinds’; and according as each of these is either ‘good’ or ‘bad,’ we have twenty kinds. — (7)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 692); in Aparārka (p. 998), which adds that the ten kinds of sinful acts, proceeding from the mind, speech and body, when committed intentionally and repeatedly, should be understood to be what leads to the map being born in such bodies as those of the Cāṇḍāla and the like; but of, the same kinds of acts, when done unintentionally, the results are different; — in Nṛsiṃhaprasāda (Prāyaścitta 41a); — in Hemādri (Kāla, p. 632); — and in Smṛtisāroddhāra (p. 88).

 

Comparative notes by various authors:

Yājñavalkya (8.135). — ‘The man, who is addicted to taking what has not been given to him, or associates with the wives of other men, or kills animals in a way not sanctioned by the scriptures, is born among trees.’

 

 

VERSE 12.8 [Fruits of Action]

Section III - Fruits of Action

 

मानसं मनसेवायमुपभुङ्क्ते शुभाशुभम् ।
वाचा वाचा कृतं कर्म कायेनेव च कायिकम् ॥८॥

mānasaṃ manasevāyamupabhuṅkte śubhāśubham |
vācā vācā kṛtaṃ karma kāyeneva ca kāyikam ||8||

 

The good and the evil resulting from ‘mental acts,’ one experiences through the Mind alone; those of ‘verbal acts,’ through speech; and those of ‘bodily acts,’ through the body. — (8)

 

Medhātithi’s commentary (manubhāṣya):

Some people explain this to mean that when by his act, a man causes mental pain to others, he himself experiences, in return, mental pain.

Our opinion is that one experiences mental suffering as the result of all the three kinds of ‘mental acts.’

Similarly in the case of the other two (Verbal and Bodily acts) also. — (8)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 692); — and in Prāyaścittaviveka (p. 12).

 

Comparative notes by various authors:

Hārīta (Aparārka, p. 998). — ‘In the body, he suffers the consequences of his bodily acts; in his speech, those of his vocal acts; and in the mind, those of his mental acts.’

 

 

VERSE 12.9

Section III - Fruits of Action

 

शरीरजैः कर्मदोषैर्याति स्थावरतां नरः ।
वाचिकैः पक्षिमृगतां मानसैरन्त्यजातिताम् ॥९॥

śarīrajaiḥ karmadoṣairyāti sthāvaratāṃ naraḥ |
vācikaiḥ pakṣimṛgatāṃ mānasairantyajātitām ||9||

 

Through sinful acts due to the Body, man becomes inanimate; through those of Speech, a bird or a beast; and through those of Mind, he is born in the lowest caste. — (9)

 

Medhātithi’s commentary (manubhāṣya):

What the verse describes is what happens in a large number of cases; the sense being that in most cases whenever men are reborn in the species mentioned, it is due to causes herein specified. Bat it is not always so; as it is going to be asserted later on (55 et. seq.) that those who commit the ‘heinous offences’ are born among the lower animals and so forth.

‘Birds’ and ‘beasts’ stand here for all kinds of lower animals.

What the verse is really meant to indicate is that, among sins due to Mind, Speech and Body, the succeeding ones are graver than the preceding ones. — (9)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 692); — in Smṛtitattva (p. 480); — in Mitākṣarā (3.68), in support of the view that mental acts lead to the soul being born in particular kinds of bodies; — and in Prāyaścittaviveka (p. 6).

 

Comparative notes by various authors:

Yājñavalkya (3.131). — ‘Just as in the body of man, there are endless tendencies, so are its forms also, in the various species of animals.’

Yājñavalkya (3.134-135). — (See above, under 6 and 7.)

 

 

VERSE 12.10 [Meaning of Tridaṇḍa (“triple control”)]

Section IV - Meaning of Tridaṇḍa (“triple control”)

 

वाग्दण्डोऽथ मनोदण्डः कायदण्डस्तथैव च ।
यस्यैते निहिता बुद्धौ त्रिदण्डीति स उच्यते ॥१०॥

vāgdaṇḍo'tha manodaṇḍaḥ kāyadaṇḍastathaiva ca |
yasyaite nihitā buddhau tridaṇḍīti sa ucyate ||10||

 

Control over Speech, control over the Mind and control over the Body, — the man in whose heart these are firmly fixed is called ‘the man of triple control.’ — (10)

 

Medhātithi’s commentary (manubhāṣya):

‘Control’ — keeping in check; and ‘control of speech’ means desisting from abusing others; and so with the other two.

‘The man in whose heart these three are firmly fixed’; — he who has made up his mind that he would never commit such an act, and who never fails in this resolve: — such a man is called ‘the man of triple control’; and not one who carries heavy wooden sticks (daṇḍas). — (10)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nirṇayasindhu (p. 454); — in Aparārka (p. 951); — in Parāśaramādhava (Ācāra, p. 553); — in Madanapārijāta (p. 374); — and in Nṛsiṃhaprasāda (Saṃskāra 70a).

 

 

VERSE 12.11

Section IV - Meaning of Tridaṇḍa (“triple control”)

 

त्रिदण्डमेतन्निक्षिप्य सर्वभूतेषु मानवः ।
कामक्रोधौ तु संयम्य ततः सिद्धिं नियच्छति ॥११॥

tridaṇḍametannikṣipya sarvabhūteṣu mānavaḥ |
kāmakrodhau tu saṃyamya tataḥ siddhiṃ niyacchati ||11||

 

The man who keeps this ‘triple control’ in regard to all creatures, and rightly subdues desire and anger, thereby attains success. — (11)

 

Medhātithi’s commentary (manubhāṣya):

‘Tridaṇḍam’ is an aggregate of the three controls; the feminine form of which is precluded by reason of the term ‘daṇḍa’ occurring in the ‘pātrādi’ group [and hence falling under the exception to the Vartika on Pānini, 2.4.17].

He who ‘keeps’ — fixes up — ‘this triple control’ — in his heart, — ‘in regard to all creatures’ — not harming any, by any of the three kinds of action’ — and ‘rightly’ — properly — ‘subdues desire awl anger,’ — ‘thereby attains’ — obtains — ‘success’ — in the form of Liberation.

This verse serves as introductory to the treatment of the philosophy of the Self; leading up, as it does, to such questions as — ‘to whom does this success belong?’ ‘who is the real experiencer of the results of actions? — since the body is found to end in ashes, and we do not see anything else of the man.’ It is thus that the text proceeds to describe the person who is the actual performer of all acts, righteous and unrighteous. — (11)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 553).

 

 

VERSE 12.12 [The Responsible Agent: the Self]

Section V - The Responsible Agent: the Self

 

योऽस्यात्मनः कारयिता तं क्षेत्रज्ञं प्रचक्षते ।
यः करोति तु कर्माणि स भूतात्मोच्यते बुधैः ॥१२॥

yo'syātmanaḥ kārayitā taṃ kṣetrajñaṃ pracakṣate |
yaḥ karoti tu karmāṇi sa bhūtātmocyate budhaiḥ ||12||

 

He who is the impeller of this body, him they call the ‘Kṣetrajña,’ ‘the Conscious Being’; while he who does the acts is called by the learned, the ‘Bhūtātman,’ ‘the Material Entity.’ — (12)

 

Medhātithi’s commentary (manubhāṣya):

‘Of this body, he who is the impeller,’ — to all such actions as moving and the like, and who is the ‘doer’ of these acts, through his efforts, — ‘is the Conscious Being.’

‘Asya,’ ‘this’ and ‘ātmanaḥ,’ ‘body,’ are in apposition to one another.

The term ‘ātman’ here denotes the body, — this denotation being based on the fact that the body subserves the purposes of the Ātman, Self.

‘He who does the act’ — of drinking and the like, — and who is the product of these acts, — in the shape of the Body — becomes the ‘doer’ of acts, — is called the ‘material entity’ — an aggregate of earth and other material substances, and belonging to an inferior category. This has been thus declared in an old text — ‘There are two selves — the Inner Soul and the Body.’ — (12)

 

Explanatory notes by Ganganath Jha:

‘Kṣetrajña’. — Nandana is misrepresented by Buhler; he also takes the word in the sense of the jīvātmā.

‘Bhūtātmā’. — The body (Medhātithi, Govindarāja, Kūlluka and Rāghavānanda); — ‘The soul in the form of the material substances and other non-sentient things’ (Nārāyaṇa); — ‘the sense-organs, and the rest’ (Nandana, who is again misrepresented by Buhler).

 

Comparative notes by various authors:

Maitryupaniṣad (3.3).

 

 

VERSE 12.13

Section V - The Responsible Agent: the Self

 

जीवसञ्ज्ञोऽन्तरात्माऽन्यः सहजः सर्वदेहिनाम् ।
येन वेदयते सर्वं सुखं दुःखं च जन्मसु ॥१३॥

jīvasañjño'ntarātmā'nyaḥ sahajaḥ sarvadehinām |
yena vedayate sarvaṃ sukhaṃ duḥkhaṃ ca janmasu ||13||

 

An inner ‘self,’ called ‘Jīva,’ ‘Soul,’ is different, — generated along with all embodied beings, through which one experiences pleasure and fain during the several births. — (13)

 

Medhātithi’s commentary (manubhāṣya):

“What is this that is called ‘Jīva’ or ‘Soul?’ People regard the ‘Conscious Being’ (Kṣetrajña) as the ‘Jīva.’ Only two beings are generally recognised — the Body and the Inner Soul known as the ‘I’ the ‘Jīva’ spoken of here is apparently different from these two.”

Some people explain that what is called ‘Jīva,’ ‘Soul,’ here, is the Subtle Body made up of the ‘Great Principle’ (Mahat of the Sāṅkhyas) and the rudimentary elements, which has been described as the Subtle Body, ‘migrating, without experiencing, and invested with impressions’ (Sāṅkhya-kārikā). The term ‘yena,’ ‘through which,’ speaks of this as if it were the ‘instrument’ of the act of experiencing; and this can apply only to the said Subtle Body; as it serves as the substratum of the grosser material substances, being as it is, the substratum of the material body itself. It is only when the Body is there that the Self can feel pleasure and pain; and this is what is expressed by the instrumental ending in ‘yena,’ ‘through which.’

Others however think that it is the ‘Internal Organ,’ consisting of Intelligence, (Buddhi), Mind (Manas) and I-notion (Ahaṅkāra), that is spoken of here as ‘Jīva.’ And since this is an ‘Internal organ,’ it is only right that it should be spoken of by means of the Instrumental ending.

That this should be called the ‘inner self’ is also quite right, since it subserves the purposes of the Self.

‘Generated along with.’ — This means that it remains attached to the Self till Final Liberation, and is never separated from him till Final Dissolution. — (13)

 

Explanatory notes by Ganganath Jha:

‘Jīvasaṃjñaḥ’. — Nandana is again misrepresented by Buhler; his words are ‘Jīvāt saṃjñā jñānam yasya,’ which means ‘that which derives consciousness from the Jīva,’ and not ‘who fully knows the Jīvas,’ as Buhler puts it.

 

 

VERSE 12.14

Section V - The Responsible Agent: the Self

 

तावुभौ भूतसम्पृक्तौ महान् क्षेत्रज्ञ एव च ।
उच्चावचेषु भूतेषु स्थितं तं व्याप्य तिष्ठतः ॥१४॥

tāvubhau bhūtasampṛktau mahān kṣetrajña eva ca |
uccāvaceṣu bhūteṣu sthitaṃ taṃ vyāpya tiṣṭhataḥ ||14||

 

Both of these, the ‘Great Principle’ and the ‘Conscious Being,’ united with the material substances, subsist in Him who resides in all things, pervading them all. — (14)

 

Medhātithi’s commentary (manubhāṣya):

‘Manifold’ — of various kinds and forms.

‘Things’ — all entities.

‘Who resides, pervading’ — all those things.

‘In him these two subsist’ — The term ‘sthitaḥ’ is taken as a transitive verb, the root ‘sthā’ being capable of several denotations.

“Who is ho who resides pervading the manifold things?”

The Supremo Self, who is beyond the animate and inanimate world, of the nature of Highest Bliss, who is going to be described later on.

‘United to material substances’ — i.e., the five substances.

‘The Great Principle’ — described under Verse 13, as that ‘through which he experiences pleasures and pains.’

‘The Conscious Being’ — described in Verse 12.

These two are said to ‘subsist’ in the Supreme Self, because the entire Universe subsists in It; every effect subsists in its cause; and it is on the basis of this that these two are said to ‘subsist’ in the Supreme Self. Says the revered Vyāsa — ‘In this world there are two Puruṣas, the Perishable and the Imperishable; the Perishable one consists of all material substances, and the unchangeable entity is culled ‘Imperishable,’ — Here the term ‘perishable’ stands for the entire phenomenal world; and ‘imperishable’ for the Original Cause, which is also spoken of as ‘Unchanging,’ as in its causal form, it does not perish even at Universal Dissolution. Or ‘perishable’ may stand for the Body, and ‘imperishable’ for the ‘Conscious Being’ (Kṣetrajna); the latter being called ‘Unchangeable,’ because till Final Liberation is attained, he retains his character of being the doer (of acts) and experiencer (of results). (Vyāsa goes on) — ‘The Highest Puruṣa is different from these two, and is called the Supreme Self, who, being the infallible Lord, who pervades and sustains the three worlds’ (Bhagavadgītā, 15.16.17). — 14

 

Explanatory notes by Ganganath Jha:

‘Vyāpya.’ — ‘Pervade,’ (Govindarāja), — ‘rest on’ (Kullūka); — ‘Conceal through illusion’ (Nārāyaṇa).

 

 

VERSE 12.15 [Transmigration]

Section VI - Transmigration

 

असङ्ख्या मूर्तयस्तस्य निष्पतन्ति शरीरतः ।
उच्चावचानि भूतानि सततं चेष्टयन्ति याः ॥१५॥

asaṅkhyā mūrtayastasya niṣpatanti śarīrataḥ |
uccāvacāni bhūtāni satataṃ ceṣṭayanti yāḥ ||15||

 

From his body emanate innumerable forms, which constantly energise all kinds of beings. — (15)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘form’ stands for all material products; all these emanate from the ‘body’ of the Supreme Self; — this body consisting of his essence alone; and the mention of the two (the Self and His body) as distinct being analogous to the expression ‘the body of the stone-image’ [where also the body is nothing different from the image itself.

‘Innumerable’ — endless.

‘Emanate’ — issue forth.

This emanation being like that of the waves from the ocean.

It is by these forms, as they become emanated, that this world becomes energised, — i.e., set into activity. The world is spoken of as becoming ‘energised’ by these forms, because, as a matter of fact, there is no ‘activity’ without the body, the organs and the sensations.

Others explain that the ‘body’ of the Supreme Self is Primordial Matter, not the material substances; and all activity is dependent upon this latter. — (15)

 

Explanatory notes by Ganganath Jha:

‘Śarīrataḥ’ — ‘From the supreme soul’ (Medhātithi and Nārāyaṇa); — ‘from the body of qualified Brahman’ (Rāghavānanda), — ‘from the Root Evolvent which is the body of the supreme soul’ (‘others’ in Medhātithi).

 

 

VERSE 12.16

Section VI - Transmigration

 

पञ्चभ्य एव मात्राभ्यः प्रेत्य दुष्कृतिनां नृणाम् ।
शरीरं यातनार्थीयमन्यदुत्पद्यते ध्रुवम् ॥१६॥

pañcabhya eva mātrābhyaḥ pretya duṣkṛtināṃ nṛṇām |
śarīraṃ yātanārthīyamanyadutpadyate dhruvam ||16||

 

In the case of misbehaved persons, there is produced out of five constituents, another strong body, for the suffering of torments, after death. — (16)

 

Medhātithi’s commentary (manubhāṣya):

Out of the five material substances another body is produced.

The meaning is that a material body is produced, without the process involved in the mixture of semen and ovule. In fact, it is only in the case of ‘misbehaved men’ that this body is made up of material substances; in the case of righteous men it is made up of pure light and consists of mere Ākāśa; as is declared in the passage — ‘Consisting of air, with a body of pure Ākāśa, etc.’

‘Torment’ — great suffering.

‘Strong’ — powerful enough to suffer super-physical torment. — (16)

 

 

VERSE 12.17

Section VI - Transmigration

 

तेनानुभूय ता यामीः शरीरेणैह यातनाः ।
तास्वेव भूतमात्रासु प्रलीयन्ते विभागशः ॥१७॥

tenānubhūya tā yāmīḥ śarīreṇaiha yātanāḥ |
tāsveva bhūtamātrāsu pralīyante vibhāgaśaḥ ||17||

 

After they have suffered, through this body, the torments inflicted by yama, those constituents become dissolved into each of those same material elements. — (17)

 

Medhātithi’s commentary (manubhāṣya):

‘Yama’ is the name of a particular deity, who inflicts punishments upon sinners, — which are spoken of here as ‘torments.’

After the man has ‘experienced’ these torments, through the said body of five constituent material substances, — those bodies become dissolved into the said subtle particles of those substances. — (17)

 

Explanatory notes by Ganganath Jha:

“Kullūka and Nandana assume that the subject of both clauses is ‘duṣkṛtino jīvāḥ”. — Buhler.

“According to Nandana the meaning of the verse is — ‘The individual souls, having suffered by means of that body the torments of Yama, are dissolved, on the termination of those sufferings in those very five elements according to the proportion of their works’.” — Buhler.

 

 

VERSE 12.18

Section VI - Transmigration

 

सोऽनुभूयासुखोदर्कान् दोषान् विषयसङ्गजान् ।
व्यपेतकल्मषोऽभ्येति तावेवोभौ महौजसौ ॥१८॥

so'nubhūyāsukhodarkān doṣān viṣayasaṅgajān |
vyapetakalmaṣo'bhyeti tāvevobhau mahaujasau ||18||

 

Having suffered the evils produced by attachment to sensual objects, and conducive to misery, he, having his sins destroyed, approaches those same two glorious ones. — (18)

 

Medhātithi’s commentary (manubhāṣya):

‘Attachment to sensual objects’ — being addicted to such things as are forbidden. From this arise ‘evils’ — the results of sins; — having experienced the hellish torments, which constitute these ‘evils’ — the men have their ‘sins destroyed’ — guilt removed, — by that experience, — ‘approaches those two Glorious Ones.’

“Which two? In fact the ‘Great Principle’ and the ‘Conscious Being,’ which form the subject-matter of the present context; but from the next verse it appears that it is the Conscious Being who experiences pleasures and pains; so that the term ‘he’ of the text must stand for that being. And thus the meaning comes to be that ‘this Conscious Being approaches the same Being,’ which is absurd: the ‘approached’ and the ‘approacher’ being the same.”

True; but the difference intended is an assumed one. In fact, what is meant by ‘approaching’ is that ‘the said Being is all that remains of the man’; the sense being that as the ‘Conscious Being,’ he was invested with the aggregate of the ‘life-breath and other accessories, called the ‘Great Principle,’ but after having experienced the results of his misdeeds, he becomes divested of it, and remains in the form of the pure ‘Conscious Being,’ — who has his abode in the Subtle Body only.

Others explain the ‘two Glorious Ones’ as standing for the Great Principle and the Supreme Self.

‘Conducive to misery.’ — It is only after the sins have been destroyed that one experiences pleasure; so long as adverse sins are there, even in the slightest degree, there can be no pleasure; just as when there is slightest indigestion, there is no pleasure in eating anything. — (18)

 

 

VERSE 12.19

Section VI - Transmigration

 

तौ धर्मं पश्यतस्तस्य पापं चातन्द्रितौ सह ।
याभ्यां प्राप्नोति सम्पृक्तः प्रेत्येह च सुखासुखम् ॥१९॥

tau dharmaṃ paśyatastasya pāpaṃ cātandritau saha |
yābhyāṃ prāpnoti sampṛktaḥ pretyeha ca sukhāsukham ||19||

 

Those two together carefully look into his merit and demerit, invested with which both, he obtains happiness or unhappiness, here and after death. — (19)

 

Medhātithi’s commentary (manubhāṣya):

“If the ‘two’ be meant to be the ‘Great Principle’ and the ‘Conscious Being,’ then, for whom does the term ‘his’ stand?”

Some people hold that this latter term stands for the ‘Soul’ (Jīva).

But it has already been said that the ‘Soul’ is the same as the ‘Conscious Being.’

Another view is that ‘his’ stands for the Subtle Body. But this also is the same as the ‘Great Principle.’

The third view is that it stands for the Internal Organ, consisting of the ‘Intelligence’ (Buddhi) and the rest.

But in this case, it will have to be explained what connection there is between this Internal Organ and ‘Merit — Demerit.’ For the said organ is nothing more than a subtle form of Matter; as was made clear under 1.19.

For all these reasons what we think is that the right explanation is to take the term ‘two’ as standing for the ‘Great Principle’ and the ‘Supreme Self,’ in accordance with the explanation provided by some people of the term ‘two’ (in Verse 18); as it is only for these two that the act of ‘looking into’ is possible; — the ‘Great Principle,’ which is really an instrument (of perception) being figuratively spoken of as the nominative agent; just as in the case of such expressions as ‘Fuels are cooking.’ And the term ‘his’ would, in this case, refer to the ‘Conscious Being,’ as apart from the ‘Great Principle’ and the ‘Supreme Self.’

And when the ‘Supreme Self’ is spoken of as ‘looking into’ the ‘merit and demerit’ belonging to the ‘Conscious Being,’ what is meant is that all experiencing of pleasure and pain is under the control of that Supreme Being. This is what has been asserted in the following passage: — ‘Impelled by the Supreme Lord one may go either to Heaven or to the bottomless pit’; — where ‘impelling’ can stand only for ‘wish as regulated by the merit and demerit of the man.’

“But if the man’s merit and demerit were to regulate the wish of God, then this would deprive God of his very character of the Supreme Lord.”

This has been explained in the Śārīraka that the ease of God a warding happiness and unhappiness in accordance with the merit and demerit of the man stands on the same footing as the King bestowing his rewards in accordance with the nature of the services rendered by each man, — which fact does not deprive him of his kingly power. This is what is meant by the ‘Great Principle’ and the ‘Supreme Self’ ‘looking into’ the merit and demerit — of the ‘Conscious Being.’

“This cannot be right; as it would be inconsistent with what follows — ‘invested with which he obtains, etc.’ Because no one is ever spoken of as ‘invested’ — connected — with the Supreme Self. In fact, there can be no sort of connection with the Supreme Self.”

It is for this reason that the phrase ‘with which both’ of the text should he taken as referring, not to the ‘Great Principle’ and the Supreme Self, but to Merit and Demerit; and these latter also form the subject-matter of the context (and as such can be referred to by the pronoun in question) as is clear from the sentence — ‘they look into his merit and demerit.’

If the term ‘Great Principle,’ (‘mahat’), be taken as standing for the Internal Organ, then there would certainly be an incongruity, as the Supreme Self does not stand in need of an Instrument for his perceptions.

“Under Verse 18, however, the Supreme Self, which is of the nature of true Consciousness, has been spoken of as being approached; — now what sort o f approaching would this be? If it meant becoming one with him, then this could not be brought about merely by the destruction of sins. If, on the other hand, it meant capability of reaching him, then this could not be possible for one who has become deprived of his body by the dissolution of the constituent material particles.”

It is for this reason that in the sentence ‘the two look into his merit and demerit,’ the term ‘his’ must be taken, as shown above, as standing for the Self (personal). — (19)

 

Explanatory notes by Ganganath Jha:

‘Paśyataḥ.’ — ‘Examine’ (Medhātithi and Kullūka); — ‘by their presence, cause to be performed’ (Raghavānanda).

 

 

VERSE 12.20

Section VI - Transmigration

 

यद्याचरति धर्मं स प्रायशोऽधर्ममल्पशः ।
तैरेव चावृतो भूतैः स्वर्गे सुखमुपाश्नुते ॥२०॥

yadyācarati dharmaṃ sa prāyaśo'dharmamalpaśaḥ |
taireva cāvṛto bhūtaiḥ svarge sukhamupāśnute ||20||

 

If he practises virtue for the most part, and vice only in a small degree, then, invested with those same material substances, he obtains happiness in heaven. — (20)

 

Medhātithi’s commentary (manubhāṣya):

‘For the most part’ — to a very great degree.

‘Those same material substances’ — i.e., those beginning with the Great Principle and ending with the Great Elemental Substances.

He obtains happiness in heaven. — (20)

 

 

VERSE 12.21

Section VI - Transmigration

 

यदि तु प्रायशोऽधर्मं सेवते धर्ममल्पशः ।
तैर्भूतैः स परित्यक्तो यामीः प्राप्नोति यातनाः ॥२१॥

yadi tu prāyaśo'dharmaṃ sevate dharmamalpaśaḥ |
tairbhūtaiḥ sa parityakto yāmīḥ prāpnoti yātanāḥ ||21||

 

If on the other hand he practises vice for the most part, and virtue only in a small degree, — then, becoming deserted by those substances, he suffers the torments inflicted by Yama. — (21)

 

Medhātithi’s commentary (manubhāṣya):

“It has been said under 10 that the body of misbehaved persons is made out of five constituents; how is it that here the man is said to be ‘deserted’ by the substances?”

Our answer is that the man has no material body, — and yet there can be no ‘torments’ for one devoid of a body; so that the bodies of men here referred to are of an entirely distinct kind; and when the man is described as ‘deserted by the substances,’ the substances meant are those of peculiar character, such as are productive of exceptionally soft and smooth and delicate bodies; and ‘deserted’ means that he has expiated for his sins by the pain suffered; and what he is deserted by are those bodies with which people become invested in Heaven. — (21)

 

 

VERSE 12.22

Section VI - Transmigration

 

यामीस्ता यातनाः प्राप्य स जीवो वीतकल्मषः ।
तान्येव पञ्च भूतानि पुनरप्येति भागशः ॥२२॥

yāmīstā yātanāḥ prāpya sa jīvo vītakalmaṣaḥ |
tānyeva pañca bhūtāni punarapyeti bhāgaśaḥ ||22||

 

That personality, having suffered those torments inflicted by Yama, and thereby freed from sin, again enters into those very material substances, each in due proportion. — (22)

 

Medhātithi’s commentary (manubhāṣya):

The sense of this has been already explained before.

The purport of these four verses is as follows: — It is only when there is a large amount of vice, that these torments are inflicted by Yama, — and not when there is a small amount of vice (and a larger amount of virtue); in which latter case heavenly happiness is experienced in this world itself. — (22)

 

 

VERSE 12.23

Section VI - Transmigration

 

एता दृष्ट्वाऽस्य जीवस्य गतीः स्वेनैव चेतसा ।
धर्मतोऽधर्मतश्चैव धर्मे दध्यात् सदा मनः ॥२३॥

etā dṛṣṭvā'sya jīvasya gatīḥ svenaiva cetasā |
dharmato'dharmataścaiva dharme dadhyāt sadā manaḥ ||23||

 

Having recognised, in his own mind, the conditions of the Personality, due to Virtue and Vice, one should fix his heart upon Virtue. — (23)

 

Medhātithi’s commentary (manubhāṣya):

There is very little in this verse.

In the phrase ‘dharmatodharmataḥ,’ an ‘a’ is to be taken as understood (after the first ‘dharmataḥ’).

The conditions of the Conscious Entity, Soul, are due to Virtue and Vice.

‘In his own mind’ — through the help of the scriptures. This verse sums up the contents of the entire ordinances. —

 

 

VERSE 12.24 [The Three Guṇas]

Section VII - The Three Guṇas

 

सत्त्वं रजस्तमश्चैव त्रीन् विद्यादात्मनो गुणान् ।
यैर्व्याप्यैमान् स्थितो भावान् महान् सर्वानशेषतः ॥२४॥

sattvaṃ rajastamaścaiva trīn vidyādātmano guṇān |
yairvyāpyaimān sthito bhāvān mahān sarvānaśeṣataḥ ||24||

 

Know Sattva, Rajas and Tamas to be the three qualities of the Self, by means of which the Great One completely pervades all these beings. — (24)

 

Medhātithi’s commentary (manubhāṣya):

All that appertains to the Action-side of human activity has been expounded; what appertains to the Knowledge-side of it. is now set forth. And what is now stated, at the outset, deals with the subordinate factors, and hence appears to savour of Dualism.

Sattva and the rest are the three qualities of the ‘Self.’ The term ‘Self’ here stands, not for the Soul, but for the Great Principle. In fact, the term ‘Self’ denotes one’s nature, and not necessarily the inner side of things. And then the Soul by its very nature, is devoid of qualities.

Or what is mentioned here refers to the Soul that undergoes experiences, — the qualities being the object of experience.

‘Great One’ — This stands for Primordial matter itself, — this being what happens to be in closest proximity to the Great Principle, which is the first to evolve out of Primordial Matter. It is so called (the ‘Great One’) because it is the source of all Emanations. — (24)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 487); — find in Nṛsiṃhaprasāda (Prāyaścitta, 40b.)

 

Comparative notes by various authors:

Yājñavalkya (3.182). — ‘Sattva, Rajas and Tamas have been declared to be the attributes of Ātman; when obsessed by Rajas and Tamas, it is made to revolve like a wheel.’

 

 

VERSE 12.25

Section VII - The Three Guṇas

 

यो यदेषां गुणो देहे साकल्येनातिरिच्यते ।
स तदा तद्गुणप्रायं तं करोति शरीरिणम् ॥२५॥

yo yadeṣāṃ guṇo dehe sākalyenātiricyate |
sa tadā tadguṇaprāyaṃ taṃ karoti śarīriṇam ||25||

 

Whichsoever of these qualities wholly predominates in a body, it makes the owner of that body abound in that quality. — (25)

 

Medhātithi’s commentary (manubhāṣya):

Though every entity is possessed of the three qualities, yet if any one of these should happen to ‘wholly’ — entirely — ‘predominate’ — exceed others — in a body, on account of the influence of his past deeds, that quality suppresses every other quality of that person; hence, the owner of that body comes to ‘abound in that quality’; that is, in his character, he shows signs of that quality and abandons in the other qualities. — (25)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta p. 487); — and in Nṛsiṃhaprasāda (Prāyaścitta, 40b.)

 

 

VERSE 12.26

Section VII - The Three Guṇas

 

सत्त्वं ज्ञानं तमोऽज्ञानं रागद्वेषौ रजः स्मृतम् ।
एतद् व्याप्तिमदेतेषां सर्वभूताश्रितं वपुः ॥२६॥

sattvaṃ jñānaṃ tamo'jñānaṃ rāgadveṣau rajaḥ smṛtam |
etad vyāptimadeteṣāṃ sarvabhūtāśritaṃ vapuḥ ||26||

 

‘Sattva’ has been declared to be Knowledge, ‘Tamas,’ to be Ignorance, and ‘Rajas,’ to be Love and Hate; — such is the nature of these, all-pervading and interpenetrating all beings. — (26)

 

Medhātithi’s commentary (manubhāṣya):

Such in general is the character of these, pervading over all living beings.

‘Knowledge’ — cognition.

‘Ajñana,’ ‘Ignorance’ — stands for Delusion; not for the unconsciousness caused by intoxication, swoon or such other causes.

‘Rajas’ has a two-fold character; the two terms ‘rajas’ and ‘tamas,’ being indicative of two distinct characteristics.

Those who are influenced by knowledge and wisdom are never affected by too much anger, nor are they ever careless.

‘Vapuḥ,’ ‘nature’ — character. — This is all-pervading, because the seed of impressions is never destroyed, lasting as it does till one has attained Brahman — (26)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 487); — and in Nṛsiṃhaprasāda, (Prāyaścitta 40b.)

 

 

VERSE 12.27

Section VII - The Three Guṇas

 

तत्र यत् प्रीतिसंयुक्तं किं चिदात्मनि लक्षयेत् ।
प्रशान्तमिव शुद्धाभं सत्त्वं तदुपधारयेत् ॥२७॥

tatra yat prītisaṃyuktaṃ kiṃ cidātmani lakṣayet |
praśāntamiva śuddhābhaṃ sattvaṃ tadupadhārayet ||27||

 

Whenever one perceives in himself something full of bliss, calm and pure, — he should know it to be ‘Sattva.’ — (27)

 

Medhātithi’s commentary (manubhāṣya):

‘Full of bliss’ — a feeling of happiness.

‘Śuddhābham’ — that which appears pure, not tainted by ‘Rajas’ and ‘Tamas,’ and hence free from passions, vanity, love, hatred, covetousness, delusion, fear, grief and jealousy. This condition is one that should be realised by the man himself, at some time or the other. — (27)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 999), which has the following notes: — ‘Prīti’ is sukha, happiness; what brings about this happiness is ‘prītisaṃyuktam’; — śuddhābham, the source of faultless knowledge, — this is ‘Sattva.’

 

Comparative notes by various authors:

(verses 12.27-29)

Mahābhārata (12.194.31-33; — 219.29-31). — (Same as Manu.)

 

 

VERSE 12.28

Section VII - The Three Guṇas

 

यत् तु दुःखसमायुक्तमप्रीतिकरमात्मनः ।
तद् रजो प्रतीपं विद्यात् सततं हारि देहिनाम् ॥२८॥

yat tu duḥkhasamāyuktamaprītikaramātmanaḥ |
tad rajo pratīpaṃ vidyāt satataṃ hāri dehinām ||28||

 

What is mixed with pain and brings unhappiness to the Soul, — know that to be ‘Rajas,’ imperceptible and constantly attracting embodied beings. — (28)

 

Medhātithi’s commentary (manubhāṣya):

‘Mixed with pain’ — interspersed with pain; and not pure, hence described as ‘bringing unhappiness,’ — being mixed up with pain, it does not make men happy.

‘Apratīpam’ — imperceptible, though real.

This is the form of ‘Rajas’ — ‘constantly attracting men towards sensual objects, arousing in their mind a longing for these. — (28)

 

Comparative notes by various authors:

(verses 12.27-29)

See Comparative notes for Verse 12.27.

 

 

VERSE 12.29

Section VII - The Three Guṇas

 

यत् तु स्यान् मोहसंयुक्तमव्यक्तं विषयात्मकम् ।
अप्रतर्क्यमविज्ञेयं तमस्तदुपधारयेत् ॥२९॥

yat tu syān mohasaṃyuktamavyaktaṃ viṣayātmakam |
apratarkyamavijñeyaṃ tamastadupadhārayet ||29||

 

What is mixed with stupefaction, undiscernible, of the nature of sensual objects, incapable of being reasoned about and uncognisable, — one should recognise as ‘Tamas.’ — (29)

 

Medhātithi’s commentary (manubhāṣya):

‘Stupefaction’ — absent-mindedness, incapability to discriminate between right and wrong.

‘Of the nature of sensual objects’ — that which has the character of sensual objects.

“The guṇa of Tamas is not an object, being something internal; how, then, can it have the character of the object?

This is so described, on account of Delusion being the cause of attachment to objects. That which creates a longing for a thing is said to be of the nature of that thing.

‘Incapable of being reasoned about’ — beyond Inference. ‘Unknowable’ — beyond the reach of external as well as internal organs. — (29)

 

Comparative notes by various authors:

(verses 12.27-29)

See Comparative notes for Verse 12.27.

 

 

VERSE 12.30

Section VII - The Three Guṇas

 

त्रयाणामपि चैतेषां गुणानां यः फलोदयः ।
अग्र्यो मध्यो जघन्यश्च तं प्रवक्ष्याम्यशेषतः ॥३०॥

trayāṇāmapi caiteṣāṃ guṇānāṃ yaḥ phalodayaḥ |
agryo madhyo jaghanyaśca taṃ pravakṣyāmyaśeṣataḥ ||30||

 

I am now going to fully describe the results, — good, middling and bad — proceeding from these three qualities. — (30)

 

Medhātithi’s commentary (manubhāṣya):

‘These three’ — when they are duly practised, there proceed certain results, — which are either good, bad or middling: — and this is what is now promised as the subject to be dealt with; the exact form of the promise being — ‘I am now going to describe that character which the man acquires as the result of the predominance of a particular quality.’ — (30)

 

 

VERSE 12.31

Section VII - The Three Guṇas

 

वेदाभ्यासस्तपो ज्ञानं शौचमिन्द्रियनिग्रहः ।
धर्मक्रियाऽत्मचिन्ता च सात्त्विकं गुणलक्षणम् ॥३१॥

vedābhyāsastapo jñānaṃ śaucamindriyanigrahaḥ |
dharmakriyā'tmacintā ca sāttvikaṃ guṇalakṣaṇam ||31||

 

Vedic study, austerity, knowledge, purity, control over the organs, practice of virtue and meditation on the Soul, — are the characteristics of the quality of ‘Sattva.’ — (31)

 

Medhātithi’s commentary (manubhāṣya):

‘The characteristics of the quality’ is the declaration of the subject of treatment.

The term ‘sāttvikam’ is to be construed with difficulty as follows: — ‘Guṇalakṣaṇam’ is that by which the quality is characterised; and the question arising ‘of what quality?’ — the answer is supplied by the term ‘sāttvikam,’ ‘of sattva.’ — When need arises, even the part of a compound becomes construed by itself, with another word; and the meaning thus comes to be that — ‘this is the characteristic of the quality of ‘Sattva.’ This phrase should be understood to stand on the same footing as the phrase ‘devadattasya gurukulam,’ where the term ‘guru’ though forming the subordinate factor of the compound ‘gurukulam,’ is construed with the term ‘devadattasya.’

The meaning of the words has been already explained. — (31)

 

Comparative notes by various authors:

Yājñavalkya (3.136). — ‘Knowing the Self, pure, self-controlled, devoted to austerities, with senses under control, acting righteously, and cognisant with the Veda, a man abounds in the attribute of Sattva and is born among celestial beings.’

 

 

VERSE 12.32

Section VII - The Three Guṇas

 

आरम्भरुचिताऽधैर्यमसत्कार्यपरिग्रहः ।
विषयोपसेवा चाजस्रं राजसं गुणलक्षणम् ॥३२॥

ārambharucitā'dhairyamasatkāryaparigrahaḥ |
viṣayopasevā cājasraṃ rājasaṃ guṇalakṣaṇam ||32||

 

Proneness to undertake work, impatience, commission of improper acts, constant addiction to sensual objects are the characteristics of the quality of ‘Rajas.’ — (32)

 

Medhātithi’s commentary (manubhāṣya):

Proneness to take up, unnecessarily, the performance of acts, conducive to perceptible and imperceptible results.

These are the characteristics of the quality of ‘Rajas.’

‘Impatience’ — loss of mental equanimity at even slight disturbing causes.

If we read ‘dainya’ (for ‘-dhairya’), it should he understood to mean loss of ambition, humiliation.

‘Commission of improper acts’ — the performance of such acts as are forbidden by the scriptures.

‘Addiction to sensual objects’ — being repeatedly attracted by objects of sensual pleasure. — (32)

 

Explanatory notes by Ganganath Jha:

‘Adhairyam’ — ‘Impatience’ (Medhātithi); — ‘Want of contented disposition’ (Nārāyaṇa).

 

Comparative notes by various authors:

(verses 12.32-51)

Maitryupaniṣad (3.5).

Yājñavalkya (3.137-138). — ‘Addicted to bad acts, impatient, active, attached to objects of sense, a man abounds in the attribute of Rajas, and is re-born among men. Lethargic, cruel in bis acts, covetous, heretic, addicted to begging, careless, of bad character, a man abounds in the attribute of Tamas, and is born among animals.’

 

 

VERSE 12.33

Section VII - The Three Guṇas

 

लोभः स्वप्नोऽधृतिः क्रौर्यं नास्तिक्यं भिन्नवृत्तिता ।
याचिष्णुता प्रमादश्च तामसं गुणलक्षणम् ॥३३॥

lobhaḥ svapno'dhṛtiḥ krauryaṃ nāstikyaṃ bhinnavṛttitā |
yāciṣṇutā pramādaśca tāmasaṃ guṇalakṣaṇam ||33||

 

Avarice, drowsiness, irresolution, cruelty, disbelief, bad character, habit of begging, and inattentiveness are the characteristics of the quality of ‘Tamas.’ — (33)

 

Medhātithi’s commentary (manubhāṣya):

‘Avarice’ — longing for possessing riches and other things.

‘Cruelty’ — taking offence at even a slight fault.

‘Disbelief’ — recklessness.

‘Bad character’ — loss of character.

The particle ‘ca’ implies ‘disrespect for elders.’

‘Habit of begging’ — being addicted to soliciting favours.

‘Inattentiveness’ — carelessness; want of attention to the performance of duties and to the avoidance of failure.

Between ‘svapno’ and ‘dhṛtiḥ,’ an ‘a’ is understood. — (33)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.34

Section VII - The Three Guṇas

 

त्रयाणामपि चैतेषां गुणानां त्रिषु तिष्ठताम् ।
इदं सामासिकं ज्ञेयं क्रमशो गुणलक्षणम् ॥३४॥

trayāṇāmapi caiteṣāṃ guṇānāṃ triṣu tiṣṭhatām |
idaṃ sāmāsikaṃ jñeyaṃ kramaśo guṇalakṣaṇam ||34||

 

This should be understood to be in brief the characteristic of these three qualities in order, as they appear at the three times. — (34)

 

Medhātithi’s commentary (manubhāṣya):

‘At the three times.’ — This refers either (a) to the three conditions of equilibrium, increase and decrease, or (b) the high, low and middling character of the results.

‘This’ — refers to what follows. — (34)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.35

Section VII - The Three Guṇas

 

यत् कर्म कृत्वा कुर्वंश्च करिष्यंश्चैव लज्जति ।
तज् ज्ञेयं विदुषा सर्वं तामसं गुणलक्षणम् ॥३५॥

yat karma kṛtvā kurvaṃśca kariṣyaṃścaiva lajjati |
taj jñeyaṃ viduṣā sarvaṃ tāmasaṃ guṇalakṣaṇam ||35||

 

When, having done, or doing, or going to do a certain act, a man happen to feel ashamed, — every such act should be understood by the learned to be characterised by the quality of ‘Tamas.’ — (35)

 

Medhātithi’s commentary (manubhāṣya):

‘Having done, or doing, or going to do.’ — This indicates what has been spoken of as the ‘three times’; the said feeling may appear in some cases, at all the three points of time, while in others only at one or other of them; and it appears in the form of regret — ‘Why did I do such an act? How can I appear before gentlemen?’ — (35)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.36

Section VII - The Three Guṇas

 

येनास्मिन् कर्मणा लोके ख्यातिमिच्छति पुष्कलाम् ।
न च शोचत्यसम्पत्तौ तद् विज्ञेयं तु राजसम् ॥३६॥

yenāsmin karmaṇā loke khyātimicchati puṣkalām |
na ca śocatyasampattau tad vijñeyaṃ tu rājasam ||36||

 

When, by a certain act, the man desires great fame in this world, and does not mind failure — this should be understood to partake of the quality of ‘Rajas.’ — (36)

 

Medhātithi’s commentary (manubhāṣya):

The motive being — ‘by doing this act I shall obtain praise in the world,’ — if one performs sacrifices, austerities or other righteous acts; as also such acts for winning fame as giving gifts to the beggars at sacred places, bragging against the king, expounding the scriptures before Śūdras, and so forth.

‘Great.’ — This implies that what is objectionable is the doing of the act with the sole motive of obtaining fame; there is nothing wrong if the fame comes, only by the way; if, for instance, people talk of the man’s righteous deeds, when these are done only through righteousness (and not for any other purpose), such fame does not vitiate the moral quality of the act; as has been declared to be the case with the man in picking up ‘sugar cane,’ as described by Kṛṣṇadvaipāyana in the story of the Mahāhhārata — ‘When a man is gathering sugarcane, he gathers, along with it, also grasses and creepers; and in the same manner, the man, when treading the path of righteousness, also obtains fame, happiness and wealth.’

‘Failure’ — of the results to appear; — ‘he does not mind’ — feels no sorrow; or ‘failure’ may mean the non-completion of the act. — (36)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.37

Section VII - The Three Guṇas

 

यत् सर्वेणेच्छति ज्ञातुं यन्न लज्जति चाचरन् ।
येन तुष्यति चात्माऽस्य तत् सत्त्वगुणलक्षणम् ॥३७॥

yat sarveṇecchati jñātuṃ yanna lajjati cācaran |
yena tuṣyati cātmā'sya tat sattvaguṇalakṣaṇam ||37||

 

When, however, the act is one which he wishes to understand in all its details, by doing which he does not feel ashamed, and by which his heart feels satisfied, — it is characterised by the quality of ‘Sattva.’ — (37)

 

Medhātithi’s commentary (manubhāṣya):

This is quite dear. — (37)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.38

Section VII - The Three Guṇas

 

तमसो लक्षणं कामो रजसस्त्वर्थ उच्यते ।
सत्त्वस्य लक्षणं धर्मः श्रैष्ठ्यमेषां यथोत्तरम् ॥३८॥

tamaso lakṣaṇaṃ kāmo rajasastvartha ucyate |
sattvasya lakṣaṇaṃ dharmaḥ śraiṣṭhyameṣāṃ yathottaram ||38||

 

Pleasure is the distinguishing feature of ‘Tamas,’ ‘Wealth’ is described to be that of ‘Rajas,’ and ‘Spiritual Merit’ is the distinguishing feature of ‘Sattva,’ — each succeeding one of these being superior to the preceding. — (38)

 

Medhātithi’s commentary (manubhāṣya):

“There is happiness in pleasure also; so what has been described as the characteristic of ‘Sattva’ (under Verso 27, above) — ‘when one feels bliss, etc., etc.,’ would apply to this also; how then can it be the distinguishing feature of ‘Tamas,’ which is of the nature of ‘stupefaction,’ while in Pleasure, there is keen consciousness, which also is a characteristic of ‘Sattva,’ since it has been declared above that ‘Sattva is knowledge, etc.’? (26).”

The answer to the above is as follows: — What is set forth in the present verse is not the condition of the Agent or of the object of experience; what is meant is an excessive longing for a certain end; and certainly at the time of the longing, there is no happiness, since the object longed for is not there.

Thus then, whenever a man has an excessive craving for Pleasure, he becomes deprived of the power to discriminate between right and wrong, and is really in a state of stupefaction. It is this sort of craving that is meant by the term ‘pleasure,’ — and such desire as for the company of one’s wife during her ‘season.’ — (38)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.39 [States of Existence due to the Three Qualities]

Section VIII - States of Existence due to the Three Qualities

 

येन यस्तु गुणेनैषां संसरान् प्रतिपद्यते ।
तान् समासेन वक्ष्यामि सर्वस्यास्य यथाक्रमम् ॥३९॥

yena yastu guṇenaiṣāṃ saṃsarān pratipadyate |
tān samāsena vakṣyāmi sarvasyāsya yathākramam ||39||

 

I am now going to describe, briefly, in due order, those migratory states into which one falls through each quality from among these. — (39)

 

Medhātithi’s commentary (manubhāṣya):

‘From among these.’ — qualities; — by what quality what migratory states’ are fallen into by man; — ‘migratory states’ standing for states of existence; — i.e., the births that he takes, — is going to be described in the following verses.

This verse promises what is going to be done. — (39)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 693).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.40

Section VIII - States of Existence due to the Three Qualities

 

देवत्वं सात्त्विका यान्ति मनुष्यत्वं च राजसाः ।
तिर्यक्त्वं तामसा नित्यमित्येषा त्रिविधा गतिः ॥४०॥

devatvaṃ sāttvikā yānti manuṣyatvaṃ ca rājasāḥ |
tiryaktvaṃ tāmasā nityamityeṣā trividhā gatiḥ ||40||

 

Those partaking of ‘Sattva’ reach the state of the gods, those endowed with ‘Rajas,’ the state of men, and those characterised by ‘Tamas,’ the state of beasts; such is the threefold migratory state. — (40)

 

Medhātithi’s commentary (manubhāṣya):

This verse indicates in general the states of existence brought about by the three qualities. — (40)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 698); — in Parāśaramādhava (Prayaścitta, p. 488); — and in Nṛsiṃhaprasāda (Prāyaścitta 41a.)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.41

Section VIII - States of Existence due to the Three Qualities

 

त्रिविधा त्रिविधैषा तु विज्ञेया गौणिकी गतिः ।
अधमा मध्यमाग्र्या च कर्मविद्याविशेषतः ॥४१॥

trividhā trividhaiṣā tu vijñeyā gauṇikī gatiḥ |
adhamā madhyamāgryā ca karmavidyāviśeṣataḥ ||41||

 

This threefold Migratory State due to the qualities should be understood to be again of three kinds each — high, low and middling, in accordance with the peculiar character of the act and knowledge of each man. — (41)

 

Medhātithi’s commentary (manubhāṣya):

‘This threefold migratory state’ — due to ‘Sattva’ and the other qualities, — is ‘of three kinds each’ — according as it is ‘high, low or middling’; thus they come to be of nine kinds; — there are endless varieties of states, due to ‘the peculiar character of the act and knowledge of each man’; acts are of various kinds, according as they are good or bad, intentional or unintentional, and so forth. This is what is meant by the phrase ‘in accordance with the peculiar character of acts and knowledge’ — (41)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 693); — in Parāśaramādhava, (Prāyaścitta, p. 488); — and in Nṛsiṃhaprasāda (Prāyaścitta, 41a.)

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.42-44

Section VIII - States of Existence due to the Three Qualities

 

स्थावराः कृमिकीटाश्च मत्स्याः सर्पाः सकच्छपाः ।
पशवश्च मृगाश्चैव जघन्या तामसी गतिः ॥४२॥

हस्तिनश्च तुरङ्गाश्च शूद्रा म्लेच्छाश्च गर्हिताः ।
सिंहा व्याघ्रा वराहाश्च मध्यमा तामसी गतिः ॥४३॥

चारणाश्च सुपर्णाश्च पुरुषाश्चैव दाम्भिकाः ।
रक्षांसि च पिशाचाश्च तामसीषूत्तमा गतिः ॥४४॥

sthāvarāḥ kṛmikīṭāśca matsyāḥ sarpāḥ sakacchapāḥ |
paśavaśca mṛgāścaiva jaghanyā tāmasī gatiḥ ||42||

hastinaśca turaṅgāśca śūdrā mlecchāśca garhitāḥ |
siṃhā vyāghrā varāhāśca madhyamā tāmasī gatiḥ ||43||

cāraṇāśca suparṇāśca puruṣāścaiva dāmbhikāḥ |
rakṣāṃsi ca piśācāśca tāmasīṣūttamā gatiḥ ||44||

 

Inanimate beings, worms, insects, fishes, snakes, tortoise, cattle and wild animals, — represent the lowest state due to the quality of ‘Tamas.’ — (42)

Elephants, horses, despised Śūdras, Mlecchas, lions, tigers and boars — represent the middling state due to the quality of ‘Tamas.’ — (43)

Cāraṇas, Suparṇas, hypocritical men, Rākṣasas, and Piśācas — represent the highest state among those partaking of the quality of ‘Tamas.’ — (44)

 

Medhātithi’s commentary (manubhāṣya):

(verses 12.42-44)

‘Cāraṇas’ — dancers, singers, pimps, and so forth.

‘Suparṇas’ — a particular kind of birds.

The epithet ‘despised’ is to be construed with ‘Śūdras,’ — i.e., those Śūdras who disregard the Brāhmaṇas, poach upon their livelihood, and are characterised by haughtiness, vanity, and such qualities. Such injurious persons as thieves and others are also included among the‘despised.’ — (42-44)

 

Explanatory notes by Ganganath Jha:

(verse 12.42)

This verse is quoted in Aparārka (p. 1000); — in Madanapārijāta (p. 693); — in Parāśaramādhava (Prāyaścitta, p. 488); — and in Nṛsiṃhaprasāda (Prāyahschitta 41a.)

(verse 12.43)

This verse is quoted in Aparārka (p. 1000); — in Madanapārijāta (p. 693); — in Parāśaramādhava (Prāyaścitta p. 488); — and in Nṛsiṃhaprasāda (Prāyaścitta 41a.)

(verse 12.44)

‘Cāraṇaḥ’ — ‘Bards, singers etc,’ (Medhātithi); — ‘rope-dancers’. (Nārāyaṇa), — ‘a class of mythological beings’ (Rāghavānanda.)

This verse is quoted in Aparārka (p. 1000), which adds that the variation in the resultant condition is due to variations in the being’s past acts; — in Madanapārijāta (p. 693); — in Parāśaramādhava (Prāyaścitta, p. 488); — and in Nṛsiṃhaprasāda (Prāyaścitta 41 a).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.45

Section VIII - States of Existence due to the Three Qualities

 

झल्ला मल्ला नटाश्चैव पुरुषाः शस्त्रवृत्तयः ।
द्यूतपानप्रसक्ताश्च जघन्या राजसी गतिः ॥४५॥

jhallā mallā naṭāścaiva puruṣāḥ śastravṛttayaḥ |
dyūtapānaprasaktāśca jaghanyā rājasī gatiḥ ||45||

 

Stick-fencers, wrestlers, actors, men subsisting by the use of weapons, those addicted to gambling and drinking, — represent the lowest state among those partaking of the quality of ‘Rajas.’ — (45)

 

Medhātithi’s commentary (manubhāṣya):

‘Stick-fencers and wrestlers’ — professionals who are used to descend into public arena; — ‘Malla’ standing for wrestlers, and ‘jhalla’ for those who fight with sticks, or clowns, who make a living by jokes. — (45)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1000); — in Madanapārijāta (p. 693); — in Parāśaramādhava (Prāyaścitta p. 488); — and in Nṛsiṃhaprasāda (Prāyaścitta, 41a).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.46

Section VIII - States of Existence due to the Three Qualities

 

राजानः क्षत्रियाश्चैव राज्ञां चैव पुरोहिताः ।
वादयुद्धप्रधानाश्च मध्यमा राजसी गतिः ॥४६॥

rājānaḥ kṣatriyāścaiva rājñāṃ caiva purohitāḥ |
vādayuddhapradhānāśca madhyamā rājasī gatiḥ ||46||

 

Kings, Kṣatriyas, priests of kings, and leading wranglers and warriors represent the middling state among those partaking of ‘Rajas.’ — (46)

 

Medhātithi’s commentary (manubhāṣya):

‘Kings’ — rulers of countries.

‘Kṣatriyas’ — feudatories living under the king.

‘Leading wranglers’ — those who carry on discussions on scientific subjects.

‘Leading warriors’ — soldiers. — (46)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1000); — in Madanapārijāta (p. 693); — in Parāśaramādhava (Prāyaścitta, p. 488); — and in Nṛsimhaprasāda (Prāyaścitta 41a).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.47

Section VIII - States of Existence due to the Three Qualities

 

गन्धर्वा गुह्यका यक्षा विबुधानुचराश्च ये ।
तथैवाप्सरसः सर्वा राजसीषूत्तमा गतिः ॥४७॥

gandharvā guhyakā yakṣā vibudhānucarāśca ye |
tathaivāpsarasaḥ sarvā rājasīṣūttamā gatiḥ ||47||

 

Gandharvas, Guhyakas, ‘Yakṣas,’ the attendants of the gods, and all the Apsaras, represent the high state among those partaking of ‘Rajas.’ — (47)

 

Medhātithi’s commentary (manubhāṣya):

‘Gandharvas’ and the rest are divine beings; the distinction among whom may be ascertained from the Itihāsas.

‘Vibudhas’ are gods; the ‘attendants’ of these are those known as ‘Siddhas,’ ‘Vidyadharas,’ and so forth — (47)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1000); — in Madanapārijāta (p. 694); — in Parāśaramādhava (Prāyaścitta p. 488); — and in Nṛsiṃhaprasāda (Prāyaścitta 41a).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.48

Section VIII - States of Existence due to the Three Qualities

 

तापसा यतयो विप्रा ये च वैमानिका गणाः ।
नक्षत्राणि च दैत्याश्च प्रथमा सात्त्विकी गतिः ॥४८॥

tāpasā yatayo viprā ye ca vaimānikā gaṇāḥ |
nakṣatrāṇi ca daityāśca prathamā sāttvikī gatiḥ ||48||

 

Ascetics and hermits, Brāhmaṇas, celestial beings, lunar asterisms, and Daityas represent the first state partaking of ‘Sattva.’ — (48)

 

Medhātithi’s commentary (manubhāṣya):

‘Ascetics’ — the Recluse and others devoted to austerities.

‘Hermits’ — wandering mendicants, and the rest.

This shows that the said state belongs to people, not only by birth, but by conduct also because there are no such species by birth as ‘ascetics’ and the rest; in fact the names are based upon what the men do.

Others, however, think that there are a people known as ‘Yatis,’ ‘Hermits,’ inhabiting the Meru mountain; as is clear from what we read regarding ‘India having made over the Yatis to the Sālāvṛkas.’

‘Vimānas’ — celestial cars, Puṣpaka, and the rest; those who move about in these are ‘Vaimānikas,’ ‘celestial beings,’ denizens of heaven.

‘First’ — lowest — (48)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārkā (p. 999); — in Madanapārijāta (p. 694); — in Parāśaramādhava, (Prāyaścitta, p. 488); — anil in Nṛsiṃhaprasāda (Prāyaścitta 41a).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.49

Section VIII - States of Existence due to the Three Qualities

 

यज्वान ऋषयो देवा वेदा ज्योतींषि वत्सराः ।
पितरश्चैव साध्याश्च द्वितीया सात्त्विकी गतिः ॥४९॥

yajvāna ṛṣayo devā vedā jyotīṃṣi vatsarāḥ |
pitaraścaiva sādhyāśca dvitīyā sāttvikī gatiḥ ||49||

 

Sacrificers, sages, gods, vedas, luminaries, years, Pitṛs and Sādhyas represent the second state partaking of ‘Sattva.’ — (49)

 

Medhātithi’s commentary (manubhāṣya):

Words composed in a certain order are called ‘Veda.’

“In the course of the states of existence, what occasion is there for the mention of insentient things? Words and other things are all insentient.”

“It is too little when you say that words and other things are inanimate. All the beings, from the gods down to the immoveable things, exist in the form of bodies, and all bodies are insentient. As for the sentient faculty, it appears in the form of personal consciousness, — and this Personality, by itself, is devoid of qualities. But the body, though insentient, comes to be regarded as sentient when it is inhabited by the Personality.

Thus what the text means comes to this: — The Veda abounds in the quality of ‘Sattva;’ hence by its study, people attain to the state partaking of the quality of ‘Sattva.’ And ‘the attaining of the state partaking of Sattva’ does not mean that the man abounding in ‘Sattva’ become the Veda.

The view of other people is, that in all things there is a conscious being supervising over them, and ‘personalities of the Veda’ are described as residing in the regions of Varuṇa. — (49)

 

Explanatory notes by Ganganath Jha:

‘Vedas’. — ‘Verbal text’ (Medhātithi); — ‘Personification of the Veda’ (‘others’ in Medhātithi, Govindarāja and Kullūka).

This verse is quoted in Aparārka (p. 999); — in Madanapārijāta (p. 694), which notes that the terms ‘Veda’ and ‘vatsara’ stand for the respective presiding Deities; — in Parāśaramādhava (Prāyaścitta, p. 488); — and in Nṛsiṃhaprasāda (Prāyaścitta 41a).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.50

Section VIII - States of Existence due to the Three Qualities

 

ब्रह्मा विश्वसृजो धर्मो महानव्यक्तमेव च ।
उत्तमां सात्त्विकीमेतां गतिमाहुर्मनीषिणः ॥५०॥

brahmā viśvasṛjo dharmo mahānavyaktameva ca |
uttamāṃ sāttvikīmetāṃ gatimāhurmanīṣiṇaḥ ||50||

 

Brahmā, creators of the universe, Dharma, the Great One, Unmanifest, — these the wise ones describe as representing the best state partaking of ‘Sattva.’ — (50)

 

Medhātithi’s commentary (manubhāṣya):

‘Creators of the universe’ — Marīci and others, known as ‘Prajāpatis.’

‘Dharma’ — What is expounded in the Veda; the former verse had spoken of the Veda itself, and the present one speaks of what is contained in the Veda; this shows that the meaning is more important than the form of the word. Or ‘Dharma’ may stand for Truth and other such things.

The corporeality of ‘Dharma’ is to be explained as before (in the case of the Veda).

‘The Great One’ is another name for the ‘Unmanifest,’ which is synonymous with ‘Prakṛti,’ ‘Pradhāna,’ ‘the Root-Evolvent.’

“The entire world being an emanation from the Root-Evolvent, when there happens to be an excess in it of the quality of Sattva, all such emanations should partake of that quality. How then can there be any excess of Rajas and Tamas in anything? So that what has been said under Verse 25 above, to the effect that — ‘the body in which one of these preponderates,’ etc. — cannot be right”

The answer to this is as follows: — It does not mean that ‘the emanations partake of the nature of the Root-Evolvent’; what is meant is that there are three ways of explaining the term ‘avyakta,’ ‘unmanifest’: — (1) It may mean that the Root-Evolvent is something unattainable, or (2) that it is invisible; or (3) that the term may not stand for that Root-Evolvent which is a principle postulated by the Sāṅkhyas; the term ‘unmanifest’ connoting a certain act, — viz., that ‘there is no manifestation’ of the entity concerned, ‘its appearance is indistinct,’ and hence it is ‘unmanifest’; and in this sense the name becomes applicable to the Supreme Self, and the epithet ‘great’ is applicable to It on the ground of its immanence.

“But the state of the Supreme Self cannot partake of the quality of Sattva.”

As a matter of fact, even without entirely renouncing the ‘qualities’ one can be regarded as ‘Supreme Self’; for it is understood that when the man has the feeling ‘I am not,’ ‘there is nothing that is mine,’ and becomes free from the notion of ‘I,’ he attains the position of ‘Brahman’ (the Supreme Self). In fact, it is by meditation that the position of ‘Brahman’ is attained. But only those persons have recourse to meditation and such practices in whom the preponderating quality is Sattva, not Rajas or Tamas.

It is in this sense that this is described as “the best state partaking of ‘Sattva.’”

The other two explanations (of the term ‘unmanifest’) are not right. As regards (a), no human end is served by attaining the position of the Root-Evolvent; because this has been described as ‘insentient,’ and what is ‘insentient’ is inferior to even immovable beings; it is for this reason that people never seek for such condition as that during intoxication or swoon. As regards the seeing of the Root-Evolvent, this cannot be possible, as no such seeing has been anywhere mentioned; as what is prescribed is that ‘the Self should be seen,’ — not the Root-Evolvent.

From all this it is clear that the terms ‘the Great One’ and ‘Unmanifest’ stand, for the Supreme Self. — (50)

 

Explanatory notes by Ganganath Jha:

‘Mahān’. — ‘Supreme soul’ (Medhātithi); — ‘the deity presiding over the Mohat-tattva of the Sāṅkhyas’ (Govindarāja and Kullūka).

This verse is quoted in Aparārka (p. 999); — in Madanapārijāta (p. 694); — in Parāśaramādhava (Prāyaścitta, p. 489); — and in Nṛsiṃhaprasāda (Prāyaścitta 41a).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.51

Section VIII - States of Existence due to the Three Qualities

 

एष सर्वः समुद्दिष्टस्त्रिप्रकारस्य कर्मणः ।
त्रिविधस्त्रिविधः कृत्स्नः संसारः सार्वभौतिकः ॥५१॥

eṣa sarvaḥ samuddiṣṭastriprakārasya karmaṇaḥ |
trividhastrividhaḥ kṛtsnaḥ saṃsāraḥ sārvabhautikaḥ ||51||

 

Thus has been described the entire thrice threefold migratory process pertaining to all beings, arising out of the three kinds of action. — (51)

 

Medhātithi’s commentary (manubhāṣya):

‘Of three kinds’ — arising from speech, mind and body.

‘Thrice’ — according to the three qualities of ‘Sattva’ and the rest.

‘Threefold’ — as divided into ‘good,’ ‘bad,’ and ‘middling.’

Those other ‘states’ that may not have been mentioned here are to be understood as resembling, and hence included among, those already mentioned.

This verse sums up the section on the Three Qualities; and the next is indicative of what is to follow. — (51)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 694); — and in Parāśaramādhava (Prāyaścitta, p. 489).

 

Comparative notes by various authors:

(verses 12.32-51)

See Comparative notes for Verse 12.32.

 

 

VERSE 12.52 [Details of Transmigration]

Section IX - Details of Transmigration

 

इन्द्रियाणां प्रसङ्गेन धर्मस्यासेवनेन च ।
पापान् संयान्ति संसारानविद्वांसो नराधमाः ॥५२॥

indriyāṇāṃ prasaṅgena dharmasyāsevanena ca |
pāpān saṃyānti saṃsārānavidvāṃso narādhamāḥ ||52||

 

Foolish men of the lowest class go through the vilest migratory states, in consequence of being addicted to the senses and by not attending to duties. — (52)

 

Medhātithi’s commentary (manubhāṣya):

‘Addiction to the senses’ — This stands for doing what is forbidden.

‘Not attending to duties’ — not doing what has been enjoined.

All this is found only in the case of ‘foolish’ men; who are, on that account, called ‘men of the lowest class.’

These men ‘go to’ — fall into — ‘the vilest migratory states’ — most despicable births.

In accordance with this general principle, the retribution of deeds is now explained. — (52)

 

Comparative notes by various authors:

Yājñavalkya (3.219). — ‘By omitting to do what is enjoined, by doing what is condemned, and by not controlling the senses, man falls.’

 

 

VERSE 12.53

Section IX - Details of Transmigration

 

यां यां योनिं तु जीवोऽयं येन येनैह कर्मणा ।
क्रमशो याति लोकेऽस्मिंस्तत् तत् सर्वं निबोधत ॥५३॥

yāṃ yāṃ yoniṃ tu jīvo'yaṃ yena yenaiha karmaṇā |
kramaśo yāti loke'smiṃstat tat sarvaṃ nibodhata ||53||

 

Into what wombs the soul enters, — and in consequence of what acts, — listen to that, in due order. — (53)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this.]

 

Comparative notes by various authors:

(verses 12.53-59)

Yājñavalkya (3.207-208). — ‘The slayer of a Brāhmaṇa is born among deer, horses, pigs and camels; and the wine-drinker, among asses, Pukkasas and Venas, the stealer of gold being a worm, an insect or flies; and the violator of the Guru’s bed becomes grass or bushes or creepers.’

(See texts under 11.49 et seq.)

 

 

VERSE 12.54

Section IX - Details of Transmigration

 

बहून् वर्षगणान् घोरान्नरकान् प्राप्य तत्क्षयात् ।
संसारान् प्रतिपद्यन्ते महापातकिनस्त्विमान् ॥५४॥

bahūn varṣagaṇān ghorānnarakān prāpya tatkṣayāt |
saṃsārān pratipadyante mahāpātakinastvimān ||54||

 

Persons who have committed the heinous offences, having passed, during several years, through dreadful hells, reach, after the expiation thereof, the following migratory states. — (54)

 

Medhātithi’s commentary (manubhāṣya):

‘Dreadful hells’ — They are ‘dreadful’ by reason of the great sufferings undergone; ‘hells’ being places of torment

‘Expiation’ — Deeds are ‘expiated’ when their results have been experienced; and when slight traces of them are left, the agent becomes born in the several migratory states.

“How is it that the whole of the act is not entirely retributed in the hells?”

It has already been explained that ‘hell’ is the result of very potent deeds — not of mild ones. And since the cause is enfeebled by the appearance of its effect, the Deed is rendered mild, less potent, by the appearance of its results. Just as in the case of fire, when it has been kindled, as soon as it has given forth sparks and heat, it becomes milder; so also is the case with Hells.

“In the case of fire there are two states — mild and flaming; Hells however are always of one uniform character.”

Like flaming fire, Actions also are prone to become strong and weak; when they are strong, they lead to Hell, and when they are weak, their retribution takes place elsewhere. Hence it is only light what has said been regarding the ‘remnant’ of the deed (leading to transmigration). — (54)

 

Comparative notes by various authors:

(verses 12.53-59)

See Comparative notes for Verse 12.53.

 

 

VERSE 12.55

Section IX - Details of Transmigration

 

श्वसूकरखरोष्ट्राणां गोऽजाविमृगपक्षिणाम् ।
चण्डालपुक्कसानां च ब्रह्महा योनिमृच्छति ॥५५॥

śvasūkarakharoṣṭrāṇāṃ go'jāvimṛgapakṣiṇām |
caṇḍālapukkasānāṃ ca brahmahā yonimṛcchati ||55||

 

He who kills a Brāhmaṇa enters the womb of a dog, a pig, an ass, a camel, a cow, a goat, a sheep, a deer or a bird, or that of a Caṇḍāla or a Pukkasa. — (55)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 700); — and in Mitākṣarā (3.208).

 

Comparative notes by various authors:

(verses 12.53-59)

See Comparative notes for Verse 12.53.

 

 

VERSE 12.56

Section IX - Details of Transmigration

 

कृमिकीटपतङ्गानां विड्भुजां चैव पक्षिणाम् ।
हिंस्राणां चैव सत्त्वानां सुरापो ब्राह्मणो व्रजेत् ॥५६॥

kṛmikīṭapataṅgānāṃ viḍbhujāṃ caiva pakṣiṇām |
hiṃsrāṇāṃ caiva sattvānāṃ surāpo brāhmaṇo vrajet ||56||

 

The Brāhmaṇa who drinks wine shall enter the womb of worms, insects, moths, of birds feeding on ordure, or of carnivorous animals. — (56)

 

Medhātithi’s commentary (manubhāṣya):

‘Feeding on ordure’ — such as the crow and the like.

‘Carnivorous’ — tigers and so forth. — (56)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.208); — and in Parāśaramādhava (Prāyaścitta, p. 510).

 

Comparative notes by various authors:

(verses 12.53-59)

See Comparative notes for Verse 12.53.

 

 

VERSE 12.57

Section IX - Details of Transmigration

 

लूताऽहिसरटानां च तिरश्चां चाम्बुचारिणाम् ।
हिंस्राणां च पिशाचानां स्तेनो विप्रः सहस्रशः ॥५७॥

lūtā'hisaraṭānāṃ ca tiraścāṃ cāmbucāriṇām |
hiṃsrāṇāṃ ca piśācānāṃ steno vipraḥ sahasraśaḥ ||57||

 

The Brāhmaṇa who steals gold shall (enter) a thousand times into the womb of the spider, the snake, the lizard, of aquatic animals or of carnivorous Piśācas. — (57)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.208), which explains ‘lūtā’ as the spider, and ‘saraṭa’ as the lizard; — and in Parāśaramādhava (Prāyaścitta, p. 511).

 

Comparative notes by various authors:

(verses 12.53-59)

See Comparative notes for Verse 12.53.

 

 

VERSE 12.58

Section IX - Details of Transmigration

 

तृणगुल्मलतानां च क्रव्यादां दंष्ट्रिणामपि ।
क्रूरकर्मकृतां चैव शतशो गुरुतल्पगः ॥५८॥

tṛṇagulmalatānāṃ ca kravyādāṃ daṃṣṭriṇāmapi |
krūrakarmakṛtāṃ caiva śataśo gurutalpagaḥ ||58||

 

The violator of the Preceptor’s Bed is born hundreds of times as grasses, shrubs, creepers, as carnivorous and fanged animals, or as beings of cruel deeds. — (58)

 

Medhātithi’s commentary (manubhāṣya):

‘Of cruel deeds’ — given to killing others. — (58)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.208).

 

Comparative notes by various authors:

(verses 12.53-59)

See Comparative notes for Verse 12.53.

 

 

VERSE 12.59

Section IX - Details of Transmigration

 

हिंस्रा भवन्ति क्रव्यादाः कृमयोऽमेध्यभक्षिणः ।
परस्परादिनः स्तेनाः प्रेत्यान्त्यस्त्रीनिषेविणः ॥५९॥

hiṃsrā bhavanti kravyādāḥ kṛmayo'medhyabhakṣiṇaḥ |
parasparādinaḥ stenāḥ pretyāntyastrīniṣeviṇaḥ ||59||

 

Sanguinary persons become carnivorous animals; the eaters of impure food become worms; thieves become creatures consuming their own kind; and those having intercourse with women of the lowest caste become Pretas. — (59)

 

Medhātithi’s commentary (manubhāṣya):

‘Carnivorous animals’ — such as the vulture and the like.

‘Eaters of impure food become worms.’

‘Creatures consuming their own kind’ — such as big cats devour smaller eats, and large fishes devour smaller fishes of various kinds.

‘Those who have intercourse with women of the lowest caste’ — such as the ‘Barbara’ and other castes. — (59)

 

Comparative notes by various authors:

(verses 12.53-59)

See Comparative notes for Verse 12.53.

 

 

VERSE 12.60

Section IX - Details of Transmigration

 

संयोगं पतितैर्गत्वा परस्यैव च योषितम् ।
अपहृत्य च विप्रस्वं भवति ब्रह्मराक्षसः ॥६०॥

saṃyogaṃ patitairgatvā parasyaiva ca yoṣitam |
apahṛtya ca viprasvaṃ bhavati brahmarākṣasaḥ ||60||

 

He who associates with outcasts, he who approaches the wife of another person, and he who has stolen the property of a Brāhmaṇa, become ‘Brahmarākṣasas.’ — (60)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this verse]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāṣharamādhava (Prāyaścitta p. 492 and p. 511).

 

Comparative notes by various authors:

(verses 12.60-68)

Yājñavalkya (3.211-215, 217). — ‘Having approached another man’s wife, and having misappropriated the property of a Brāhmaṇa, one becomes a Brahmarākṣasa in desolate wilderness. Stealer of gems are born among the lowest castes; the stealer of perfumes, as a musk-rat, The stealer of grains becomes a rat; the stealer of a vehicle, a camel; that of fruits, a monkey; that of water, a Plava bird; that of milk, a crow; that of household requisites, the Gṛhakāri animal; that of honey, a flea; that of flesh, a vulture; that of a cow, an alligator; that of fire, a crane; that of cloth, suffers from leucoderma; that of juice, a dog; that of salt, a Cīrī bird. — Having passed through the bodies of several animals, as a consequence of their acts, men become, in course of time, born again as poor and low men devoid of all good qualities.’

Viṣṇu (44.14-44). — ‘After having suffered the torments of hells, the evil-doers pass into animal bodies. Criminals of the highest degree enter the bodies of plants, one after the other. Mortal sinners enter the bodies of worms or insects; minor offenders, those of birds; animals of the fourth degree, that of aquatic animals; those who have committed crimes effecting loss of caste, enter the bodies of amphibious animals; those who have committed a crime degrading one to a mixed caste enter the bodies of deer; those who have committed a crime rendering them unfit to receive alms enter the bodies of cattle; those who have committed a crime causing defilement enter the bodies of low-caste men who may not be touched; those who have committed one of the miscellaneous crimes enter the bodies of miscellaneous wild carnivorous animals. One who has eaten the food of one whose food should not be eaten, or forbidden food, becomes a worm or insect. thief becomes a falcon. One who has appropriated a broad path, becomes an animal living in holes. The stealer of grains becomes a rat; that of copper, a Haṃsa; that of water, a water-fowl; that of honey, a gad-fly; that of milk, a crow; that of juice, a dog; that of clarified butter, an ichneumon; that of meat, a vulture; that of fat, a cormorant; that of oil, a cockroach; that of salt, a cricket; that of sour milk, a crane; that of silk, a partridge; that of linen, a frog; that of cloth, a curlew; that of cow, an iguana; that of sugar, a Vālguda; that of perfumes, a musk-rat; that of vegetable and leaves, a peacock; that of prepared grain, a boar called Śvāvidh; that of undressed grain, a porcupine; that of fire, a crane; that of household utensils, a wasp; that of dyed cloth, a Chakora bird; that of an elephant, a tortoise; that of a horse, a tiger; that of fruits or blossoms, an ape; that of women, a bear; that of a vehicle, a camel; that of cattle, a vulture. He who has taken by force any property belonging to another, or eaten food not previously presented to the gods, inevitably enters the body of some beast.’

 

 

VERSE 12.61

Section IX - Details of Transmigration

 

मणिमुक्ताप्रवालानि हृत्वा लोभेन मानवः ।
विविधाणि च रत्नानि जायते हेमकर्तृषु ॥६१॥

maṇimuktāpravālāni hṛtvā lobhena mānavaḥ |
vividhāṇi ca ratnāni jāyate hemakartṛṣu ||61||

 

The man who, through greed, steals gems, pearls and corals, or the various kinds of precious articles, is born among ‘Hemakartṛs.’ — (61)

 

Medhātithi’s commentary (manubhāṣya):

‘Hemakartṛs’ — is the name of a bird. — (61)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.213); — in Parāśaramādhava (Prāyaścitta, p. 511); — and in Nṛsiṃhaprasāda (Saṃskāra 74a).

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.62

Section IX - Details of Transmigration

 

धान्यं हृत्वा भवत्याखुः कांस्यं हंसो जलं प्लवः ।
मधु दंशः पयः काको रसं श्वा नकुलो घृतम् ॥६२॥

dhānyaṃ hṛtvā bhavatyākhuḥ kāṃsyaṃ haṃso jalaṃ plavaḥ |
madhu daṃśaḥ payaḥ kāko rasaṃ śvā nakulo ghṛtam ||62||

 

By stealing grains one becomes a rat; by stealing bronze, a Haṃsa; by stealing water, a Plava; by stealing honey, a gnat; by stealing milk, a crow; by stealing sweets, a dog; and by stealing clarified butter, an ichneumon. — (62).

 

Medhātithi’s commentary (manubhāṣya):

‘Ākhu’ — rat. — (62)

 

Explanatory notes by Ganganath Jha:

‘Rasam’. — ‘Juice of sugar-cane’ (Kullūka); — ‘quicksilver’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 511).

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.63

Section IX - Details of Transmigration

 

मांसं गृध्रो वपां मद्गुस्तैलं तैलपकः खगः ।
चीरीवाकस्तु लवणं बलाका शकुनिर्दधि ॥६३॥

māṃsaṃ gṛdhro vapāṃ madgustailaṃ tailapakaḥ khagaḥ |
cīrīvākastu lavaṇaṃ balākā śakunirdadhi ||63||

 

For stealing meat, a vulture; for stealing fat, a cormorant; for stealing oil, a ‘Tailapāyika’ bird; for stealing salt, a Cīrīvāka; and for stealing curds, a ‘Balākā’-bird. — (63)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 511).

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.64

Section IX - Details of Transmigration

 

कौशेयं तित्तिरिर्हृत्वा क्षौमं हृत्वा तु दर्दुरः ।
कार्पासतान्तवं क्रौञ्चो गोधा गां वाग्गुदो गुडम् ॥६४॥

kauśeyaṃ tittirirhṛtvā kṣaumaṃ hṛtvā tu darduraḥ |
kārpāsatāntavaṃ krauñco godhā gāṃ vāggudo guḍam ||64||

 

For stealing silk, a partridge; for stealing linen, a frog; for stealing cotton-cloth, a crane; for stealing a cow, an alligator; and for stealing molasses, a ‘Vāgguda’-bird. — (64)

 

Medhātithi’s commentary (manubhāṣya):

‘Dardura’ is the frog of the smaller variety. — (64)

 

Explanatory notes by Ganganath Jha:

(verses 12.64-67)

These verses are quoted in Parāśaramādhara (Prāyaścitta, p. 512).

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.65

Section IX - Details of Transmigration

 

छुच्छुन्दरिः शुभान् गन्धान् पत्रशाकं तु बर्हिणः ।
श्वावित् कृतान्नं विविधमकृतान्नं तु शल्यकः ॥६५॥

chucchundariḥ śubhān gandhān patraśākaṃ tu barhiṇaḥ |
śvāvit kṛtānnaṃ vividhamakṛtānnaṃ tu śalyakaḥ ||65||

 

For stealing excellent perfumes, a musk-rat; for stealing vegetables with leaves, a peacock; for stealing cooked food of various kinds, a Śvāvit; and for stealing uncooked food a hedge-hog. — (65)

 

Medhātithi’s commentary (manubhāṣya):

‘Varhiṇaḥ’ — peacock. — (65).

 

Explanatory notes by Ganganath Jha:

(verses 12.64-67)

See Comparative notes for Verse 12.64.

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.66

Section IX - Details of Transmigration

 

बको भवति हृत्वाऽग्निं गृहकारी ह्युपस्करम् ।
रक्तानि हृत्वा वासांसि जायते जीवजीवकः ॥६६॥

bako bhavati hṛtvā'gniṃ gṛhakārī hyupaskaram |
raktāni hṛtvā vāsāṃsi jāyate jīvajīvakaḥ ||66||

 

For stealing fire, a heron; for stealing utensils, a ‘Gṛhakāri’-bird; for stealing red clothes, one is born as a ‘Jīvajīvaka’-bird — (66)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this.]

 

Explanatory notes by Ganganath Jha:

(verses 12.64-67)

See Comparative notes for Verse 12.64.

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.67

Section IX - Details of Transmigration

 

वृको मृगैभं व्याघ्रोऽश्वं फलमूलं तु मर्कटः ।
स्त्रीं ऋक्षः स्तोकको वारि यानान्युष्ट्रः पशूनजः ॥६७॥

vṛko mṛgaibhaṃ vyāghro'śvaṃ phalamūlaṃ tu markaṭaḥ |
strīṃ ṛkṣaḥ stokako vāri yānānyuṣṭraḥ paśūnajaḥ ||67||

 

For stealing a deer or an elephant, a wolf; for stealing a horse, a tiger; for stealing fruits and roots, a monkey; for stealing a woman, a bear; for stealing water, a ‘Stokaka’-bird; for stealing conveyances, a camel; and for stealing cattle, a goat. — (67)

 

Medhātithi’s commentary (manubhāṣya):

When it was said (under 62) that ‘for stealing water one becomes a Plava -bird,’ it was water for drinking purposes that was meant; while in the present verse, it is water for irrigating fields and such other purposes.

Under verse 62, the term ‘Rasa’ may be taken either as the first kind of flavour (Sweet), or as medicinal substances. — (67)

 

Explanatory notes by Ganganath Jha:

(verses 12.64-67)

See Comparative notes for Verse 12.64.

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.68

Section IX - Details of Transmigration

 

यद् वा तद् वा परद्रव्यमपहृत्य बलान्नरः ।
अवश्यं याति तिर्यक्त्वं जग्ध्वा चैवाहुतं हविः ॥६८॥

yad vā tad vā paradravyamapahṛtya balānnaraḥ |
avaśyaṃ yāti tiryaktvaṃ jagdhvā caivāhutaṃ haviḥ ||68||

 

For taking by force any kind of property belonging to another, and for eating a sacrificial material that has not been offered, one inevitably becomes an animal. — (68)

 

Medhātithi’s commentary (manubhāṣya):

There is nothing here that is not quite clear. — (68)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.211); — and in Parāśaramādhdva (Prāyaścitta, p. 512).

 

Comparative notes by various authors:

(verses 12.60-68)

See Comparative notes for Verse 12.60.

 

 

VERSE 12.69

Section IX - Details of Transmigration

 

स्त्रियोऽप्येतेन कल्पेन हृत्वा दोषमवाप्नुयुः ।
एतेषामेव जन्तूनां भार्यात्वमुपयान्ति ताः ॥६९॥

striyo'pyetena kalpena hṛtvā doṣamavāpnuyuḥ |
eteṣāmeva jantūnāṃ bhāryātvamupayānti tāḥ ||69||

 

For stealing things, women also should incur guilt on this same principle; they become the female of those same creatures that have been named. — (69)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this.]

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.21?); — in Madanapārijāta (p. 702) and in Parāśaramādhava (Prāyaścitta, p. 512).

 

Comparative notes by various authors:

Mahābhārata (13.111.130). — (Same as Manu.)

Viṣṇu (44.45). — ‘Women who have committed similar thefts realise the same ignominious punishment; they become females to those male animals.’

 

 

VERSE 12.70

Section IX - Details of Transmigration

 

स्वेभ्यः स्वेभ्यस्तु कर्मभ्यश्च्युता वर्णा ह्यनापदि ।
पापान् संसृत्य संसारान् प्रेष्यतां यान्ति शत्रुषु ॥७०॥

svebhyaḥ svebhyastu karmabhyaścyutā varṇā hyanāpadi |
pāpān saṃsṛtya saṃsārān preṣyatāṃ yānti śatruṣu ||70||

 

If men of the various castes deviate from their occupations, under normal conditions, they migrate into vile migratory states and become servants among robbers. — (70)

 

Medhātithi’s commentary (manubhāṣya):

If the Brāhmaṇa gives up his own means of livelihood, — such as Teaching and the rest, — and takes to the occupations of the Kṣatriya and other castes; — similarly if the Kṣatriya and others ‘deviate from their occupations’; — they ‘migrate into vile migratory states’ — undergoing the experiences of animals; — and when they come to be born among men, they become servants among ‘Dasyus,’ — i.e., robbers and other harmful men.

‘In normal times’ — This is a mere reiteration; since such deviation having been permitted in abnormal times, there would be no impropriety involved in it. — (70)

 

 

VERSE 12.71

Section IX - Details of Transmigration

 

वान्ताश्युल्कामुखः प्रेतो विप्रो धर्मात् स्वकाच्च्युतः ।
अमेध्यकुणपाशी च क्षत्रियः कटपूतनः ॥७१॥

vāntāśyulkāmukhaḥ preto vipro dharmāt svakāccyutaḥ |
amedhyakuṇapāśī ca kṣatriyaḥ kaṭapūtanaḥ ||71||

 

The Brāhmaṇa fallen off from his own duty becomes a ‘fire-mouthed’ Preta feeding on vomitings; and the Kṣatriya a ‘foul-nosed’ Preta feeding on impure substances and dead bodies. — (71)

 

Medhātithi’s commentary (manubhāṣya):

The text proceeds to indicate the states fallen into by those who fall off from their duty.

The Preta feeds upon vomitings; and its mouth keeps flaming like a fire-brand.

‘Kuṇapa’ — dead body.

‘Kūṭapūtanaḥ’ — one from whose nostrils foul smell emanates.

‘Kaṭapūtanaḥ’ is another reading; ‘Kaṭapūtana’ b eing the name of a being of the ‘Piśāca’ species, who keeps hovering in cremation-grounds. — (71)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.220), in the sense that the man neglecting his duties suffers the same tortures as the Ulkāmukha and the rest.

 

 

VERSE 12.72

Section IX - Details of Transmigration

 

मैत्राक्षज्योतिकः प्रेतो वैश्यो भवति पूयभुक् ।
चैलाशकश्च भवति शूद्रो धर्मात् स्वकाच्च्युतः ॥७२॥

maitrākṣajyotikaḥ preto vaiśyo bhavati pūyabhuk |
cailāśakaśca bhavati śūdro dharmāt svakāccyutaḥ ||72||

 

The Vaiśya, fallen from his duty, becomes the ‘Maitrākṣajyotika’ Preta feeding on pus; and the Śūdra becomes a ‘Cailāśaka’ Preta — (72)

 

Medhātithi’s commentary (manubhāṣya):

‘Maitrākṣajyotika,’ like the foregoing terms, is another name for a Piśāca. Or the name may mean — “one who has light (‘jyotiḥ’) issuing from the hole (‘akṣi’) of the anus (‘maitra’).”

Others explain the term as standing for the owl; ‘maitra’ being the light of the sun, and ‘akṣajyotiḥ’ meaning visual perception; the name connoting the fact that the owl cannot see in solar light — (72)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.220) in the same sense as the above.

 

 

VERSE 12.73

Section IX - Details of Transmigration

 

यथा यथा निषेवन्ते विषयान् विषयात्मकाः ।
तथा तथा कुशलता तेषां तेषूपजायते ॥७३॥

yathā yathā niṣevante viṣayān viṣayātmakāḥ |
tathā tathā kuśalatā teṣāṃ teṣūpajāyate ||73||

 

In the proportion that sensually-inclined persons go on indulging in sensual pleasures, in that same proportion their ardour for them goes on increasing. — (73)

 

Medhātithi’s commentary (manubhāṣya):

For the purpose of alienating the listener from that slight pleasure which is obtained by persons obsessed with notions of duality, from sensual objects, — such as attachment to wife and children, greed for wealth and other things, — and which obstructs the acquisition of true knowledge, the text describes the actual condition of men dining transmigration.

In the proportion that men go on repeating their enjoyment of objects, — such men as are ‘sensually inclined,’ i.e., those who have a hankering for objects of sense. What is indicated by the term ‘ātman’ in this connection is that when a man becomes addicted to a certain course of action, it comes to form his very ‘nature’ (ātman). For instance, if a man happens only once in a way to eat to his fill, his hankering for it appears only when he is reminded of it; if, on the other hand, he does it daily, it becomes his very nature.

This same idea is asserted by the clause — ‘in that same proportion their ardour for them goes on increasing.’ — The term ‘kuśalatā,’ ‘ardour,’ connotes complete identification; and when one has completely identified himself with sensual objects, he can never avoid them.

This same principle applies also to such enjoyments as are not forbidden for cultured men, — such, for instance, as intercourse with one’s own wife, enjoying things obtained with money obtained from the sanctioned sources of income, and so forth; — ton much addiction to all which becomes forbidden. — (73)

 

 

VERSE 12.74

Section IX - Details of Transmigration

 

तेऽभ्यासात् कर्मणां तेषां पापानामल्पबुद्धयः ।
सम्प्राप्नुवन्ति दुःखानि तासु तास्विह योनिषु ॥७४॥

te'bhyāsāt karmaṇāṃ teṣāṃ pāpānāmalpabuddhayaḥ |
samprāpnuvanti duḥkhāni tāsu tāsviha yoniṣu ||74||

 

By the repetition of the said sinful acts, those men with shall understanding undergo sufferings in the various forms of existence in this world. — (74)

 

Medhātithi’s commentary (manubhāṣya):

By repeating the sinful acts, — there is degradation, but apart from that, they ‘undergo sufferings,’ when they come to be born as worms, insects and the rest — (74)

 

 

VERSE 12.75

Section IX - Details of Transmigration

 

तामिस्रादिषु चोग्रेषु नरकेषु विवर्तनम् ।
असिपत्रवनादीनि बन्धनछेदनानि च ॥७५॥

tāmisrādiṣu cogreṣu narakeṣu vivartanam |
asipatravanādīni bandhanachedanāni ca ||75||

 

(They also suffer) being tossed about in the Tāmisra and other dreadful hells, and being bound and mangled in the ‘forest with sword-leaved trees’ and other places. — (75)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Tāmisra,’ the ‘Aṇḍhatāmisra’ and other hells have been enumerated above (under 4.80).

‘Being tossed about in this’ — lying on one side and turning on the other and so forth.

Being bound up to the sword-like leaves of trees; or being ‘mangled’ by these same leaves lying scattered on the ground — the limbs being cut about like a piece of plantain-stalk. — (75).

 

Comparative notes by various authors:

(verses 12.75-76)

[See above, 4.88-89.]

Yājñavalkya (3.206). — ‘Having passed through most despised hells, by virtue of their grievous sins, and thus having their had Karma exhausted, those who had committed heinous offences become born again in the world.’

 

 

VERSE 12.76

Section IX - Details of Transmigration

 

विविधाश्चैव सम्पीडाः काकोलूकैश्च भक्षणम् ।
करम्भवालुकातापान् कुम्भीपाकांश्च दारुणान् ॥७६॥

vividhāścaiva sampīḍāḥ kākolūkaiśca bhakṣaṇam |
karambhavālukātāpān kumbhīpākāṃśca dāruṇān ||76||

 

Also various forms of torments, being devoured by ravens and owls, tortures from morasses and scorching sand, and terrible boiling in jars. — (76)

 

Medhātithi’s commentary (manubhāṣya):

‘Karambha’ is morass.

‘Kumbhīpāka’ — The men are thrust into jars and cooked, like food and other things. — (76)

 

Comparative notes by various authors:

(verses 12.75-76)

[See above, 4.88-89.]

See Comparative notes for Verse 12.75.

 

 

VERSE 12.77

Section IX - Details of Transmigration

 

सम्भवांश्च वियोनीषु दुःखप्रायासु नित्यशः ।
शीतातपाभिघातांश्च विविधानि भयानि च ॥७७॥

sambhavāṃśca viyonīṣu duḥkhaprāyāsu nityaśaḥ |
śītātapābhighātāṃśca vividhāni bhayāni ca ||77||

 

Constant births in low forms of life, abounding in misery, afflictions from heat and cold, and terrors of various kinds. — (77)

 

Medhātithi’s commentary (manubhāṣya):

‘Low forms of life’ — such as the lower animals, Pretas and Piśācas; — birth in these, which is full of misery. — (77)

 

 

VERSE 12.78

Section IX - Details of Transmigration

 

असकृद् गर्भवासेषु वासं जन्म च दारुणम् ।
बन्धनानि च काष्ठानि परप्रेष्यत्वमेव च ॥७८॥

asakṛd garbhavāseṣu vāsaṃ janma ca dāruṇam |
bandhanāni ca kāṣṭhāni parapreṣyatvameva ca ||78||

 

Repeated lying in wombs, agonising births, painful bondages, and slavery to others. — (78)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of this is quite clear. — (78)

 

 

VERSE 12.79-80

Section IX - Details of Transmigration

 

बन्धुप्रियवियोगांश्च संवासं चैव दुर्जनैः ।
द्रव्यार्जनं च नाशं च मित्रामित्रस्य चार्जनम् ॥७९॥

जरां चैवाप्रतीकारां व्याधिभिश्चोपपीडनम् ।
क्लेशांश्च विविधांस्तांस्तान् मृत्युमेव च दुर्जयम् ॥८०॥

bandhupriyaviyogāṃśca saṃvāsaṃ caiva durjanaiḥ |
dravyārjanaṃ ca nāśaṃ ca mitrāmitrasya cārjanam ||79||

jarāṃ caivāpratīkārāṃ vyādhibhiścopapīḍanam |
kleśāṃśca vividhāṃstāṃstān mṛtyumeva ca durjayam ||80||

 

Separations from relations and loved ones, dwelling with the wicked, acquiring wealth and losing it, making of friends and enemies. — (79)

Inevitable decrepitude, the pangs of sickness, various forms of afflictions and unconquerable death. — (80)

 

Medhātithi’s commentary (manubhāṣya):

(verses 12.79-80)

The meaning of these two verses is clear. — (79-80)

 

 

VERSE 12.81

Section IX - Details of Transmigration

 

यादृशेन तु भावेन यद् यत् कर्म निषेवते ।
तादृशेन शरीरेण तत् तत् फलमुपाश्नुते ॥८१॥

yādṛśena tu bhāvena yad yat karma niṣevate |
tādṛśena śarīreṇa tat tat phalamupāśnute ||81||

 

With whatever disposition a man performs an act, the fruit thereof he reaps with a body of that same quality. — (81)

 

Medhātithi’s commentary (manubhāṣya):

When a man perforins a certain act with a disposition partaking of the quality of ‘Sattva,’ or of that of ‘Rajas,’ or of that of ‘Tamas,’ — the act also partaking of one of these same qualities of Sattva, Rajas or Tamas, — then it is ‘with a body of the same quality’ — i.e., by one abounding either in Sattva or in Rajas or in Tamas — that ‘he reaps the result thereof,’ — this result also partaking of either Sattva or Rajas or Tamas.

Inasmuch as such is the law, if a man’s act is such as partakes of Rajas, and has its source in an evil disposition of mind, the man obtains undesirable results; hence one should avoid such acts and should take to such as have their source in the right disposition. — (81)

 

 

VERSE 12.82 [The Highest Good]

Section X - The Highest Good

 

एष सर्वः समुद्दिष्टः कर्मणां वः फलोदयः ।
नैःश्रेयसकरं कर्म विप्रस्येदं निबोधत ॥८२॥

eṣa sarvaḥ samuddiṣṭaḥ karmaṇāṃ vaḥ phalodayaḥ |
naiḥśreyasakaraṃ karma viprasyedaṃ nibodhata ||82||

 

Thus has been indicated to you the entire manner in which results proceed from actions; now learn that act which brings about the Highest Good of the Brāhmaṇa. — (82)

 

Medhātithi’s commentary (manubhāṣya):

The results proceeding from such acts as have been forbidden have been duly described; hence one should avoid such acts. Inasmuch as sensual pleasures are conducive to suffering, one should desist from them, and one should remain fixed in that course of action which is conducive to Liberation, and which is described under the coming section on ‘Knowledge.’ This is what we are going to expound now. — (82)

 

 

VERSE 12.83

Section X - The Highest Good

 

वेदाभ्यासस्तपो ज्ञानमिन्द्रियाणां च संयमः ।
अहिंसा गुरुसेवा च निःश्रेयसकरं परम् ॥८३॥

vedābhyāsastapo jñānamindriyāṇāṃ ca saṃyamaḥ |
ahiṃsā gurusevā ca niḥśreyasakaraṃ param ||83||

 

Vedic Study, Austerity, Knowledge, Control of the Senses, Harmlessness, Service of Elders, — are the best means of attaining the Highest Good. — (83)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘highest good’ stands, not for the accomplishment of one’s personal ends, but for the sure continuity of happiness.

‘Vedic Study’ and other things, already described before, have been repeated here, for the purpose of eulogising the Knowledge of Self.

‘Knowledge’ — of what is contained in the Veda.

The terms have been already explained. — (83)

 

Comparative notes by various authors:

[See XXXI above.]

Yājñavalkya (3.190). — ‘Expounding of the Veda, performing of sacrifices, Celibacy, Austerity, Self-control, Faith, Fasting and Independence are the means of acquiring the knowledge of the Self.’

 

 

VERSE 12.84-85

Section X - The Highest Good

 

सर्वेषामपि चैतेषां शुभानामिह कर्मणाम् ।
किं चित्श्रेयस्करतरं कर्मोक्तं पुरुषं प्रति ॥८४॥

सर्वेषामपि चैतेषामात्मज्ञानं परं स्मृतम् ।
तद् ह्यग्र्यं सर्वविद्यानां प्राप्यते ह्यमृतं ततः ॥८५॥

sarveṣāmapi caiteṣāṃ śubhānāmiha karmaṇām |
kiṃ citśreyaskarataraṃ karmoktaṃ puruṣaṃ prati ||84||

sarveṣāmapi caiteṣāmātmajñānaṃ paraṃ smṛtam |
tad hyagryaṃ sarvavidyānāṃ prāpyate hyamṛtaṃ tataḥ ||85||

 

[Question] — “From among all these good acts, is t here any one act which has been described as more efficacious in securing to man his Highest Good?” — (84)

[Answer] — Of all these, Knowledge of the Self has been declared to be the most efficacious; since it is the best of all sciences, as Immortality is attained by its means. — (85)

 

Medhātithi’s commentary (manubhāṣya):

(verses 12.84-85)

The ‘Knowledge of Self’ is of two kinds — (1) the Knowledge of the Self, as something distinct from the body, the sense-organs and other things, — as the doer of acts and the experiencer of results, as the object of the notion of ‘I’ which forms part of the conception of the Self, as bearing the names of ‘Soul,’ ‘Conscious Being,’ and so forth, as enjoying, even after the death of the body, the fruits of actions that have not been spent up; and (2) the Knowledge of the Self as the one Supreme Entity ensouling all entities, including men and animals, — the one eternal cause of the birth, existence and dissolution of the entire universe which assumes diverse forms through the encrustations of Illusion, — whose exact nature is indicated by such Śruti texts as — ‘The Self is to be seen, to be listened to, to be meditated upon,’ and so forth.

Now of these two, the Knowledge of the Soul comes useful în the performance of acts. If there were no such entity, distinct from the body and other things, the experiencer of effects appearing after death, — then all injunctions relating to Heaven as the desired result and such others would be meaningless; and no one would undertake these acts; hence the said knowledge is of use in this.

As for the knowledge of the one Supreme Self, which is attained by long-continued meditation and service, it would be useful in the attaining of the realisation of the Self in its pristine nature, pure, enlightened, free, blissful, eternal and imperishable.

‘It is the bent of all Sciences, as Immortality is attained by its means.’

‘Immortality’ stands for the cessation of transmigration. — ‘By its means’ — ‘its’ referring to ‘Science,’ stands for the ‘Science’ or Knowledge of the Supreme Self; its the Knowledge of the individual Soul, being useful in the performance of acts, could not bring about Immortality; hence it must stand for the realisation of the True Self, including all that is dual and nondual, which has been taught in the Vedānta texts. — (84-85)

 

Explanatory notes by Ganganath Jha:

(verse 12.85)

‘Ātmajñānam.’ — ‘Knowledge of the Supreme Soul, taught in the Upaniṣads’ (Medhātithi, Govindarāja, Kullūka and Nandana); — ‘Meditation’ (Nārāyaṇa).

 

 

VERSE 12.86

Section X - The Highest Good

 

षण्णामेषां तु सर्वेषां कर्मणां प्रेत्य चैह च ।
श्रेयस्करतरं ज्ञेयं सर्वदा कर्म वैदिकम् ॥८६॥

ṣaṇṇāmeṣāṃ tu sarveṣāṃ karmaṇāṃ pretya caiha ca |
śreyaskarataraṃ jñeyaṃ sarvadā karma vaidikam ||86||

 

Among the six aforesaid actions, the performance of ‘Vedic Acts’ should be regarded as the most efficacious for bringing about happiness in this world and as well as after death. — (80)

 

Medhātithi’s commentary (manubhāṣya):

The six actions — Vedic Study and the rest — are all conducive to Happiness; and among these the most efficacious in bringing about happiness are the Jyotiṣṭoma and other acts prescribed in the Veda.

“If the Genitive ending in the term ‘pūrveṣām’ (‘among the aforesaid’) denotes selection, — that cannot be right; as we have ‘selection’ in a case where among a number of things forming a single group as bearing equally upon a common objective, one of them happens to be possessed of some such efficiency as marks it out as pre-eminent; e.g., in the expression ‘among men, the Kṣatriya is the bravest’; where the Kṣatriya, who is included in the class ‘men,’ is selected as the ‘bravest.’ How, then, can there be any ‘selection’ of what has not been mentioned at all among those spoken of in the foregoing verse? ‘Vedic Act’ has not been mentioned. It might be argued that — ‘since Vedic Act is also included under Vedic Study, which has been mentioned, how can the former be regarded as not mentioned?’ But in that case t he ‘selection’ of a generic entity out of the same generic entity would be all the more incongruous; one never says — ‘among cows, cows are the most milch.’ ‘Vedic Acts’ could have been selected as the most efficient in bringing about happiness only if Non-Vedic Acts had also been spoken of as conducive to happiness. Further, what are the ‘Vedic Acts’ meant here? If it be held that the Jyotiṣṭoma and such sacrificial acts are what are meant, — then it will be necessary to point out what authority there is for taking the term as referring to these in particular; since the ‘Study of the Veda’ and several such acts.also are ‘Vedic.’ — In answer to this, the following argument might be brought forward — ‘The Study of Veda and such acts are prescribed in the Smṛtis also; and hence they are not Vedic; those alone can be called Vedic which are prescribed directly by Śruti texts only. Nor do the Study of the Veda and such other acts come in as the necessary details of all Vedic Acts. This is what is going to be explained in the next verse, by the words — each of those is fully comprised in the performance of the several rites’ — The answer to this would be that, if the said acts were not Vedic, then it would be difficult to explain their forming part of the Agnihotra and other Vedic rites; so that there would be no useful purpose served by the mention of these at all. Study of the Veda and such other acts have to be performed, as also the Agnihotra and other rites; and we do not know in what way one or the other of these would be ‘more efficient’ in bringing about happiness. The results of the two sets of actions not being the same, it is not possible to make any comparison between them on the basis of those results; as there is in the case of the two acts — the giving away of a cow and the performance of the Jyotiṣṭoma and other rites, the former simply leading the agent to Heaven, while the latter is conducive to a long-continued stay in

Heaven, as has been shown under Pūrva-Mīmāṃsā Sūtra, 1.3.17.”

The answer to the above is as follows — As for the argument that the declaration in question is meaningless, — some people offer the following explanation: — What is meant by the Vedic Acts being more efficient is that whenever there is opposition between what is prescribed in the Veda and what is laid down in the Smṛti, the latter is always to be rejected in favour of the former; this is what has been declared in such assertions as — ‘when two opposite injunctions are of equal strength, the two courses are to be regarded as optional alternatives, but when they are of unequal strength, the weaker Smṛti is always set aside by the stronger Śruti.’ This is what has been declared under 2.14 above, where it is stated that ‘when they are two contrary Vedic injunctions bearing on the same point, both the courses are to be regarded as lawful; when however there is opposition between Śruti and Smṛti, the latter is to be regarded as only reiterative, not injunctive.’

“If this be the meaning of the present verse, then, inasmuch as it has been already asserted in the text just quoted, why should it have been asserted again in the present text?”

It has been repeated for the purpose of making the fact clearer; so that there is nothing wrong in this.

It may be possible to find some other meaning of the present text. But the actual meaning appears to be as has been just explained. Thus the meaning comes to be that the ‘Vedic Acts’ are more efficient than those laid down in the Smṛtis, — the mention of ‘Vedic Study’ and the rest being meant to include all those that are laid down in Smṛtis. The peculiar form of the assertion being due to the exigencies of metre.

Our own view however is as follows: — What is stated here is a fact established by reasoning; and it is in a friendly spirit that the Author states, without reference to anything particular, a fact so established. In fact, what is directly spoken of Is the ‘Knowledge of Self’; what then could be the need of the mention of ‘Study of Veda’? Writers on Smṛti do not support their statements by their own statements. It might be argued that — “What are meant to be cited in support are the declarations of Yājñavalkya, and not those of the writer himself.” On the strength of the context we take the ‘Study of Veda’ and other acts as distinct from the Agnihotra and other acts prescribed in the Veda. As a matter of fact, the present declaration is not made with special reference to the ‘Knowledge of Self.’ All that is done is to take it as referring to the Śruti texts hearing upon the ‘Knowledge of Self.’ And the purport of it all is that — (a) the ‘Study of the Veda’ and other such acts prescribed in the Smṛtis are good, (b) better than these are the Agnihotra and other acts prescribed in the Veda, and (c) best of all is the ‘Knowledge of Self.’ If this were not what is meant, then the whole section would be found to have started with one subject and ending with a totally different subject.

Another view is that the term ‘Vedic Act’ here stands for the Knowledge of Self; and this on the ground that, the whole purpose of the Veda is the propounding of this knowledge.

As for the Injunctions contained in the Veda regarding the Agnihotra and other such acts, — these are meant to draw on young boys (slowly, to the undertaking, gradually, of the Higher Knowledge, through the simpler acts); just as old men lead children on to the drinking of unpleasant medicines (by beginning with giving them less unpalatable things).

Or, what is meant is that cultured men shall, by means of the ritualistic acts, shake off their inborn beginningless Illusion, which is the source of predispositions and attachments to sensual objects, — and having acquired the faculty of studying the scriptures, they shall in due course acquire dispassion and thereby loosen the bonds of desire, finally come to be led on to the highest purpose. In fact, the Vedāntins hold that the sole purpose of the Ritualistic section of the Veda lies in thus preparing the agent for the higher purpose. Thus what the present assertion — ‘the Vedic Act is in every way more efficient in the bringing about of good’ — points to is the act of ‘withdrawing from activity’ that is going to be spoken of later on.

Or, lastly, whether we accept Duality, or reject it as a dream, and accept the Non-dual Self as the only real entity, — in either case, the ‘Knowledge of Self’ is the better means (of attaining the highest good). As for the ‘Study of Veda’ and other acts since they involve the notion of duality, they have to be performed, since these also have been laid down in the Veda.

As regards the objection based upon the use of the Genitive ending (in ‘eṣām,’ etc.), this has been answered by pointing out that its use is justified by the explanation that it is based upon a distinction assumed in the mind; just as we have in the expression — ‘Māthurāḥ pātaliputrakebhyaḥ āḍhyatarāḥ,’ ‘the inhabitants of Mathurā are wealthier than those of Pātaliputra.’

“But in that case the Ablative ending should have been used (instead of the Genitive in ‘Ṣaṇṇām eṣām,’ ‘among these six’).”

This has been answered by the remark that there would be no difference in the denotations of the Genitive and Ablative endings in the present connection. — (86)

 

 

VERSE 12.87

Section X - The Highest Good

 

वैदिके कर्मयोगे तु सर्वाण्येतान्यशेषतः ।
अन्तर्भवन्ति क्रमशस्तस्मिंस्तस्मिन् क्रियाविधौ ॥८७॥

vaidike karmayoge tu sarvāṇyetānyaśeṣataḥ |
antarbhavanti kramaśastasmiṃstasmin kriyāvidhau ||87||

 

All these are fully included, each in its turn, in a particular course of performance of the Vedic Act. — (87)

 

Medhātithi’s commentary (manubhāṣya):

The ‘Vedic Act’ stands, in this verse, for the Jyotiṣṭoma and other acts, and ‘performance’ also refers to the actual working out, in practice, of the details of those same acts that are laid down in the Veda.

‘All these’ — the study of the Veda and its esoteric sections and so forth — ‘are included’ in the said ‘act,’ which comprises them all; one act being included in one, and the other in another and so forth.

The ‘act,’ ‘karma yoga,’ having been already mentioned, the ‘performance,’ ‘kriyāvidhi,’ has been mentioned again, for the purpose of filling up the metre. Or some distinction may he drawn on the basis of the different substances — Soma and the rest — used at sacrifices.

(a) Now, the ‘Study of the Veda’ is included in the ‘Sattra,’ Sacrificial Sessions; on the ground that Veda is of use in connection with all the sacred texts that have to be recited at sacrifices. — (b) ‘Austerity’ is included in the Dīkṣā, the Upasada and the Soma sacrifices. — (c) ‘Knowledge’ is included in all sacrifices; as no sacrifices can be performed by men devoid of knowledge. — (d) ‘Control of the sense-organs’ comes in useful in all sacrifices, as it has been laid down for all sacrifices that ‘he shall not have intercourse with his wife; — he shall not eat meat’ and so forth. — (e) So also ‘Harmlessness’; in view of such declarations as — ‘he shall not deprive any creature, not even the lizard, of its life.’ — (f) ‘Service of elders’ also would come in in the same manner.

There are some people who hold that ‘withdrawing from activity’ is the only ‘act’; and the present text serves the purpose of indicating to these men the necessity of such positive acts as the ‘Studying of the Veda’ and the rest, ‘They are included’ — That is, these acts also become included as are of the nature of ‘worship.’ When the Upaniṣads prescribe expiation for persons devoted to ‘worship,’ they do so for the purpose of the destroying of sins, and they do not mean to countermand the act of worship which has been enjoined by Vedic texts. Hence in all cases, whenever one either omits to do what is enjoined, or does what is forbidden, he incurs sin.

“Under the circumstances (if all these acts would continue to be performed), how could there be Liberation?”

Liberation would be attained in the following manner: — (a) The sinful acts committed during previous lives would become exhausted by their effects having been duly experienced, — (b) fresh sinful acts would not. he done intentionally, — (c) those that might he done unintentionally would he expiated by the force of repeated ‘Breath-Suppression’ and other practices, — and (d) thus the man would be enabled to obtain the direct perception of the real nature of the Self.

It is for this reason that even one who is bent upon seeking Brahman should perform all such acts as ‘Study of the Veda’ and the like. As for the acts whose renunciation has been prescribed, the subject, has been dealt, with under Discourse VI.

The term ‘Kriyāvidhi,’ ‘performance,’ may be taken as standing for the act of devoted attention, prescribed by such passages as — ‘He should be heard, meditated upon, etc., etc.;’ and since there are many methods of such devoted attention, the text has rightly added the phrase — ‘each in its turn.’ For instance, in such passages as — ‘one should worship Brahman,’ ‘the Golden Person in the Sun,’ ‘this is the Self, free from sin,’ and so forth — the object of devoted attention is sometimes spoken of in some form attributed to It by our own mind; sometimes in the form of a ‘Golden Person,’ where the expression is used figuratively; sometimes again as the ‘lord’ of all forms of worships the sinless Self: — e.g., such passages as ‘Below Him, above Him,’ etc. It is on account of these diverse declarations that we have the repeated phrase ‘tasmin, tasmin.’ — (87)

 

 

VERSE 12.88

Section X - The Highest Good

 

सुखाभ्युदयिकं चैव नैःश्रेयसिकमेव च ।
प्रवृत्तं च निवृत्तं च द्विविधं कर्म वैदिकम् ॥८८॥

sukhābhyudayikaṃ caiva naiḥśreyasikameva ca |
pravṛttaṃ ca nivṛttaṃ ca dvividhaṃ karma vaidikam ||88||

 

The ‘Vedic Act’ is of two kinds — (a) the ‘active,’ which is conducive to happiness and prosperity, and (b) the ‘passive,’ which is conducive to the highest good. — (88)

 

Medhātithi’s commentary (manubhāṣya):

“The Vedic Act has all along been described as of the active kind; how is it that it is now said to be of two kinds?”

There is no force in this objection. Where it was said that the Vedic Act is of the active kind, what was meant was that the greater part of it is of that’ kind, as is found in the ease of the Agnihotra and other acts; but the same cannot be said of ‘renunciation’ and acts of that kind; — and yet both sets are equally ‘Vedic.’

‘Conducive to happiness and prosperity’ — i.e., which serve these purposes; and — ‘Conducive to the highest good’ — that which accomplishes this purpose. These two terms are to be construed respectively with the foregoing terms (‘active’ and ‘passive’). — (88)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.58); — and in Aparārka, (p. 1033).

 

 

VERSE 12.89

Section X - The Highest Good

 

इह चामुत्र वा काम्यं प्रवृत्तं कर्म कीर्त्यते ।
निष्कामं ज्ञातपूर्वं तु निवृत्तमुपदिश्यते ॥८९॥

iha cāmutra vā kāmyaṃ pravṛttaṃ karma kīrtyate |
niṣkāmaṃ jñātapūrvaṃ tu nivṛttamupadiśyate ||89||

 

That which is done with knowledge and brings about the fulfilment of desires either in this world, or in the next, is described as ‘active’; while that which is done with knowledge and without desires, is declared to be ‘passive.’ — (89)

 

Medhātithi’s commentary (manubhāṣya):

‘In this world’ — such as the Kārīrī (which brings on rain), the Vaiśvānarī (which secures a son), and so forth.

‘In the next’ — such as the Jyotiṣṭoma and the like.

All these are acts that bring about the fulfilment of some desired end. What is ‘Kāmya’ (lit. ‘desirable’) is really the reward; but the term is made applicable here to the action which brings about that reward; since as an instrument, that also is ‘desirable.’

‘Niṣkāma,’ which is done without desire for any reward, is the compulsory act.

‘With knowledge’ — is to be construed with both, as a man devoid of knowledge is not entitled to the performance of any Vedic Act If however ‘knowledge’ be taken as that of the esoteric section only, then it cannot qualify both. [It can go with the latter only.

The term ‘pūrva’ in the compound ‘Jñānapūrvam’ denotes precedence; hence the compound means ‘that of which knowledge forms the important factor.’ And the purport then comes to be that ‘knowledge is to be pursued as the most important end in view; and Vedic Study and other acts are to be pursued only to the extent that they have been enjoined by the scriptures.’ — (89)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1033); — and in Mitākṣarā (3.58).

 

 

VERSE 12.90

Section X - The Highest Good

 

प्रवृत्तं कर्म संसेव्यं देवानामेति साम्यताम् ।
निवृत्तं सेवमानस्तु भूतान्यत्येति पञ्च वै ॥९०॥

pravṛttaṃ karma saṃsevyaṃ devānāmeti sāmyatām |
nivṛttaṃ sevamānastu bhūtānyatyeti pañca vai ||90||

 

He who devotes himself to the ‘active’ side, attains equality to the gods; while he who devotes himself to the ‘passive’ section, passes beyond the five material substances. — (90)

 

Medhātithi’s commentary (manubhāṣya):

(A) “It has been said that the ‘active’ act is that which brings about desirable rewards; and among actions leading to desirable rewards, some securing for the agent Heaven or some such results, while some bring about only visible results. There is none that is known to bring any such desirable result as ‘equality to the gods.’ Why then should it be said that the man ‘attains equality to the gods’? Those actions also in connection with which no particular rewards are mentioned, — such for instance, as the Viśvajit and other sacrifices, — have been held to have their reward in the attaining of Heaven. Thus we do not know what those acts are of which the reward consists in attaining ‘equality to the gods.’ — It will not be right to argue in this connection that — ‘Those actions that have been laid down as bringing a particular reward, when done by men who have no desire for that reward, bring about the said equality to the gods.’ — as this would involve the rejecting of what is directly asserted and thus assuming of that which is nowhere asserted. In fact what is spoken of in the Veda as the ‘reward’ of actions is something that is desired, such as village, Heaven and so forth, and not the taking of poison and such things. Under the circumstances, to say that ‘equality to gods’ is attained (as the result of acts) and yet it is not ‘desired,’ would be a contradiction in terms. — ‘How is it then that under Prohibitions, such results are mentioned as not desired?’ — It is in the very nature of the prohibited act that its results should be undesirable; what is evil cannot be desired [and the result of the prohibited act can only be evil]. If it be held that ‘equality to gods’ is the result of the compulsory acts, then that would deprive these acts of their ‘compulsory’ character; — a character that has been understood to belong to them on the basis of the declaration that they are to be performed ‘as long as one is alive.’ If it be absolutely necessary to assume some reward in the case of these acts also, we may assume it to consist in ‘escaping from sin;’ as such a reward, if assumed, would not be inconsistent with the compulsory character of the acts.”

(B) “As regards the latter part of the verse — ‘passes beyond the five material substances’ — we do not understand how ‘atyeti’ can mean ‘passes beyond’ or ‘becomes freed from.’ As a matter of fact, ‘atyaya’ is used in the sense of ‘laya,’ ‘becoming resolved into’; and certainly it is not meant that the soul ever becomes ‘resolved into’ the material substances; what is meant is that ‘it becomes one with Brahman.’ Others also have explained the passage to mean that ‘the man goes beyond (atikrāmati) the five material substances,’ — i.e., ‘his body is no longer made up of the five substances, it becomes purely luminous.’ But this also is nothing; as ‘Liberation’ means not being fettered with a body; so that whether the body is take to be constituted of five substances, or of only one (Light), it is all the same so far as the metempsychic bondage of the Soul is concerned.”

“For these reasons some other explanation, has to be found for this verse.”

The answer to the above is as follows: —

(A) The question has been asked — “What action is that of which equality to gods is the reward? The compulsory acts have no reward, while those that are done for the purpose of obtaining a reward, have distinct rewards mentioned along with them.” Our answer to this is, that the reward spoken of in the text is not one that is held to follow from all Vedic Acts; what is meant is that if a man does an act of the ‘passive’ kind, but with a distinct desire for its result (in the shape of Liberation), and somehow fails to attain it, then the reward that he obtains is equality to the. gods. The purport of it all is that, of all that is laid down in the Ritualistic Section of the Veda, the culminating point of the reward is the attainment of equality to the gods, and not Liberation. As for the acts prescribed in the Esoteric Section of the Veda, which leads to the result that the man never again returns to metempsychic existence, — if the Agent happens to be desirous of obtaining a reward, he becomes tainted by that hankering, and that act of his turns out, on account of that taint, to be a cause of bondage. It is in the very nature of actions that they prompt the Agent, to undertake them for the purpose of bringing to him a definite reward. Thus the compulsory acts also, if left undone, become sources of sin; and as such these also tend to invest the Agent with a material body (for the experiencing of the fruits of that omission). — “If one performs the compulsory acts, and does not perform those that are conducive to rewards, or those that are forbidden, there being no acts that would bring about a material body for him, the man would naturally attain Liberation; — where then would there be any use for the ‘knowledge of self’? This is what has been declared in such passages as — ‘With a view to avoid sin, one should perforin the compulsory and occasional acts; it is only when one is unfit for Liberation that he undertakes such as are either forbidden or conducive to desirable results.’” — This has been explained already: Knowledge is necessary for the destruction of Ignorance; until Ignorance has been destroyed by Knowledge, — it is not possible for one to become one with Brahman. It is with a view to this that action done without desires has been spoken of as ‘done with knowledge’ (Verse 89); — and also ‘selfishness is not commended’ (2.2). — When two persons act similarly, they gain equal prosperity; this is what is meant by the ‘equality’ (of gods); — the meaning being that he attains the same condition as that of the gods.

(B) As regards the objections against the declaration that the man ‘passes beyond the five material substances,’ and the confusion that is made regarding its real signification, — that also is not right. Because ‘atyaya’ may mean disappearance also; so that what the text means is that the whole phenomenal world, consisting of material substances, disappears for the man.

If we read ‘abhyeti’ for ‘atyeti,’ it would mean that the man becomes freed form the shackles of the body. — (90)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1033).

 

 

VERSE 12.91

Section X - The Highest Good

 

सर्वभूतेषु चात्मानं सर्वभूतानि चात्मनि ।
समं पश्यन्नात्मयाजी स्वाराज्यमधिगच्छति ॥९१॥

sarvabhūteṣu cātmānaṃ sarvabhūtāni cātmani |
samaṃ paśyannātmayājī svārājyamadhigacchati ||91||

 

He who perceives the Self in all beings, and all beings in the Self, — and sacrifices to the Self, — attains self-sovereignty. — (91)

 

Medhātithi’s commentary (manubhāṣya):

This verse proceeds to point out in what manner the said result is to be brought about.

The term ‘bhūta,’ ‘being,’ stands here for all things, movable and immovable, animate and inanimate; — in these one should perceive the ‘self,’ — cultivating the notion ‘I am this whole world’ — as expressed in the text ‘aham vṛkṣasya, etc.’ (Taittirīya Āraṇyaka, 7.10.1); and he should give up all such notions of duality as ‘this is myself and that is some one else.’ When the man comes to entertain such notions as — ‘this is myself, this is mine, that is not mine’ — this is what constitutes his ‘bondage.’ When, on the other hand, he has given up all notions of ‘I’ and ‘mine,’ or ‘this is mine’ and ‘that is another’s,’ and so forth, he comes to recognise the absolute unity of the Self.

This is what is meant by the term ‘self-sovereignty.’

‘All beings in the Self’ — cultivating the notion — ‘The entire phenomenal world subsists in me, — I alone am the creator, the doer, the meditator and the meditated upon.’

‘Sacrifices to the Self’ — offers sacrifices to — thinks of — the Self as representing all the gods; cultivating the notion — ‘There are no such deities as Agni or Āditya, — I am the sole deity’; — the man becomes one who ‘sacrifices to the Self’; and this does not mean that the man should actually offer sacrificial materials to himself.

In this connection some people hold that it is not right to speak of Agni and other deities of the Āgneya and other sacrifices as the ‘Self.’

‘Svārājyam,’ ‘self-sovereingty.’ — The term is derived as ‘Sve rājye bhavam’; and the meaning is that the man becomes as self-sufficient as the supreme Self, and also self-luminous, not depending upon the Sun or the Moon or other sources of light, or upon the eyes and the other sense-organs, nor the Internal Organ of the Mind and the rest. This is why the text uses the term ‘paśyan,’ ‘perceiving’ which implies not merely seeing, but that one should contemplate upon the said idea, giving up all functionings of the exernal and internal organs. — (91)

 

Explanatory notes by Ganganath Jha:

‘Ātmayājī’. — ‘Who realises the presence of all deities in himself’ (Medhātithi and Govindarāja); — ‘he who performs the Jyotiṣṭoma and other sacrifices in the manner of the Brahmārpana’ (Kullūka and Nandana and Rāghavānanda).

 

Comparative notes by various authors:

Īśa-Upaniṣad (6).

Āpastamba (1.23.1). — ‘That Brāhmaṇa shines in heaven who is wise and recognises all creatures in the Self, who pondering thereon, does not become bewildered, and who recognises the Self in everything.’

 

 

VERSE 12.92

Section X - The Highest Good

 

यथोक्तान्यपि कर्माणि परिहाय द्विजोत्तमः ।
आत्मज्ञाने शमे च स्याद् वेदाभ्यासे च यत्नवान् ॥९२॥

yathoktānyapi karmāṇi parihāya dvijottamaḥ |
ātmajñāne śame ca syād vedābhyāse ca yatnavān ||92||

 

Having renounced even the said acts, the Brāhmaṇa shall concentrate his effort on the knowledge of Self, on calmness and on the study of the Veda. — (92)

 

Medhātithi’s commentary (manubhāṣya):

‘Even the said acts.’ — This does not sanction the abandoning of such acts as the Agnihotra and the like; all that is meant to be enjoined is that ‘one should concentrate his effort on the knowledge of Self’ — which prescribes the acquiring of the knowledge of Self.

‘Having renounced the acts.’ — What the meaning of this phrase is that one should concentrate his efforts upon the acquiring of the knowledge of Self, even though this might involve the abandoning of such acts as the worshipping at certain temples or attending upon elders and so forth. This does not however sanction the voluntary renunciation of the compulsory rites; but all other rites have to be renounced, without which the knowledge of Self cannot be acquired. — (92)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.58) which explains ‘Vedābhyāsa’ as ‘repeating the Praṇava, Om’ — and in Yatidharmasāṅgraha (p. 26).

 

 

VERSE 12.93

Section X - The Highest Good

 

एतद् हि जन्मसाफल्यं ब्राह्मणस्य विशेषतः ।
प्राप्यैतत् कृतकृत्यो हि द्विजो भवति नान्यथा ॥९३॥

etad hi janmasāphalyaṃ brāhmaṇasya viśeṣataḥ |
prāpyaitat kṛtakṛtyo hi dvijo bhavati nānyathā ||93||

 

This represents the fulfilment of the object of one’s existence, specially for the Brāhmaṇa; it is only when he has attained this, and not otherwise, that the twice-born man has accomplished his purpose. — (93)

 

Medhātithi’s commentary (manubhāṣya):

‘The twice-born.’ — This implies that the Kṣatriya and the Vaiśya also are entitled to the knowledge of Self; as has been made clear by Vedic texts of the Āraṇyakas.

‘Specially for the Brāhmaṇa.’ — This has to be taken as referring particularly to the ‘Study of the Veda’; since to the ‘Knowledge of Self’ are twice-born persons equally entitled.

Having attained this ‘knowledge of the Self’ the man ‘has accomplished his purpose’; — that is, all his ends are fulfilled; there being no higher end than Liberation.

“What has been said regarding the necessity of looking on all things as the One Self appears to be contrary to perceptible facts. What we perceive directly is diversiy (diversity?). How can this be perceived as one? Any teaching regarding this would be setting forth a purpose that cannot be fulfilled. What is diverse, how can that be looked upon as one? The ass can never be looked upon as the cow. It is only when the perceiving organ is deranged that one perceives a thing as what it is not, — as we find when the shell is mistaken for silver; and certainly no such wrong conception forms the subject of a teaching. One who could propound such a teaching would be looked upon as most foolish, and his words would bear no fruit at all”

It is in view of this that we have the next verse. — (93)

 

Explanatory notes by Ganganath Jha:

‘Kṛtakṛtyaḥ ‘All whose ends have been accomplished’ (Medhātithi); — who has done all he ought to do’ (Govindarāja).

 

 

VERSE 12.94 [Supremacy of the Veda]

Section XI - Supremacy of the Veda

 

पितृदेवमनुष्याणां वेदश्चक्षुः सनातनम् ।
अशक्यं चाप्रमेयं च वेदशास्त्रमिति स्थितिः ॥९४॥

pitṛdevamanuṣyāṇāṃ vedaścakṣuḥ sanātanam |
aśakyaṃ cāprameyaṃ ca vedaśāstramiti sthitiḥ ||94||

 

For Pitṛs, gods and men, the Veda is the eternal eye; the teaching of the Veda is beyond power and illimitable. Such is the settled fact. — (94)

 

Medhātithi’s commentary (manubhāṣya):

It is as if it were the ‘Eye’ — being the means of perception; just as the eye provides the perception of colour, so does the Veda of dharma; hence it is spoken of as the ‘Eye.’

‘Eternal’ — everlasting. This is meant to indicate the fact that the Veda is not the work of a personal author. If it were the work of such an author, then it would be affected by his weaknesses, and would therefore not be entirely trustworthy. Hence, inasmuch as we find the Veda free from all those excellences and defects that beset man, we conclude that it is not the work of any person, and on that account, is absolutely trustworthy.

Hence it is that, the Veda being absolutely trustworthy, it cannot be regarded as incongruous simply because of its teachings being contrary to facts of perception.

“If the Veda were to contain such teachings as ‘one should irrigate with fire’ or ‘burn with water,’ would this also not be incongruous?”

The analogy is not quite correct. In the sentences cited, visible objects with visible powers are spoken as accomplishing visible effects; and as such objects are amenable to other means of knowledge, it is only natural that, if there is any teaching contrary to these, it should be regarded as incongruous. In the case in question on the other hand, (i.e., of Duty) the subject, dealt with is such as is amenable to Injunctions only, a subject upon which no other means of knowledge can have any hearing at all, — bearing as they do only upon existing objects, (and not upon acts to be done); how then can there be any incongruity between these?

Then again, what is laid down here is that entities that are not self should be looked upon as the ‘Self,’ for the purpose of attaining ‘self-sovereignty’; so that wherever the notion of diversity is very rampant, it is only right that this should be set aside by constant, practice. For instance, love, hatred and other functions of the mind can be controlled by the practice of meditation; when for example, an enemy ceases to be an enemy if he is constantly looked upon as a ‘friend.’ All this can be ascertained by our own experience. In fact, the power of thought is so great that it can bring about the conception of non-existing things also; e.g., a lover separated front his object of love, sees her in everything. How much more possible is it then, my friend, in a ease where what is contemplated upon is the very truth? Thus then, how can one be justified in asserting that, what is asserted here appears to be contrary to the diversity that is actually perceived? In reality all things are of the nature of the ‘Self,’ and they appear as diverse only on account, of our being in the habit of looking upon them as diverse. It is the perceiving of this unity that is enjoined here; in which case there would be no chance of any such notions arising as ‘this is mine — that is not mine,’ and the like. This is what has been thus declared — ‘The two syllables ma-ma (mine) connote death, and the syllables na-ma-ma (not mine) connote immortality.’

Thus then there is no incongruity at all (in the teaching of the Veda).

‘For pitṛs, gods and men.’ — These are the words of the Veda itself. Even gods and others cannot perceive Duty and allied things without the help of the Veda; they are beyond their power; — and also ‘illimitable’ — the number of Vedic rescensions being endless. Or, ‘aprameya’ means that no adequate conception can be formed of the Veda and its subsidiaries. — (94)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in the Smṛticandrikā (Saṃskāra p. 129).

 

 

VERSE 12.95

Section XI - Supremacy of the Veda

 

या वेदबाह्याः स्मृतयो याश्च काश्च कुदृष्टयः ।
सर्वास्ता निष्फलाः प्रेत्य तमोनिष्ठा हि ताः स्मृताः ॥९५॥

yā vedabāhyāḥ smṛtayo yāśca kāśca kudṛṣṭayaḥ |
sarvāstā niṣphalāḥ pretya tamoniṣṭhā hi tāḥ smṛtāḥ ||95||

 

Those ‘revealed texts’ that are outside the Veda, as also all the false theories, are useless, even when carried to perfection; as they have been declared to be founded on ‘darkness.’ — (95)

 

Medhātithi’s commentary (manubhāṣya):

Having declared the trustworthiness of the Veda on the ground of its not being the work of an author, the text proceeds to point out the untrustworthy character of those ‘Vedas’ that are the work of personal authors.

The ‘revealed texts’ — in the form of Injunctions brought together under a compilation — ‘that are outside the Veda’ contrary to the Veda, — e.g., such declarations as ‘Heaven is attained by bowing to caityas’ and so forth, — which are known under the name of the doctrines of ‘Nirgranthas,’ ‘Somas,’ and the like.

‘False theories’ — philosophical systems based upon wrong reasonings — such as, the proving of the Veda being the work of a personal author, the rejecting of ‘apūrva,’ ‘deities’ and such other entities. These are what are known as ‘false theories.’

‘All these are useless,’ — ‘pretya,’ ‘even when carried to perfection’ — by the full setting forth of reasons and examples; these are declared to be useless; on account of the fallacious character of their reasonings.

They are like the ‘darkness’ of night, on the path of duty, spreading far and wide, in the form of huge compilations.

No trustworthiness can attach to the teachings contained in the compilations made by human authors; for the simple reason that such authors do not possess the faculty to perceive things beyond the senses.

In fact, even if some one did possess such a faculty, people would not believe him; because there can be no proof for the statement that ‘such and such a person is omniscient, and he has composed such and such a revealed text.’

If, even on being the work of a human author, the text be regarded as trustworthy, this would involve the necessity of assuming an unseen fact (of the man being possessed of divine powers), for a visible purpose. For all these reasons all those reasonings should be regarded as based upon ignorance.

Others explain the verse to mean that, ‘pretya,’ after dying, — ‘the said texts and theories are useless,’ — because they become the cause of men being born in conditions partaking of the quality of ‘Tamas.’

Under this explanation, the syntactical connection of the participle ‘pretya’ would be impossible, since it must have the same nominative as that of the principal verb in the sentence (which is impossible), and the only alternative would be to read, for ‘pretya,’ ‘prete,’ the Locative form of the past-participle ‘preta.’ — (95)

 

Explanatory notes by Ganganath Jha:

‘Pretya’ — ‘Having acquired excellence’ (Medhātithi); — ‘after death’ (‘others’ in Medhātithi, Govindarāja and Kullūka).

 

 

VERSE 12.96

Section XI - Supremacy of the Veda

 

उत्पद्यन्ते च्यवन्ते च यान्यतोऽन्यानि कानि चित् ।
तान्यर्वाक्कालिकतया निष्फलान्यनृतानि च ॥९६॥

utpadyante cyavante ca yānyato'nyāni kāni cit |
tānyarvākkālikatayā niṣphalānyanṛtāni ca ||96||

 

Those other (doctrines) which spring up and perish are all worthless and false, being of modern growth. — (96)

 

Medhātithi’s commentary (manubhāṣya):

‘Other’ — i.e., apart from the Veda; — ‘doctrines’ — teachings; — ‘which spring up and perish,’ — and because they spring up and perish, they are not eternal, — while the Veda is eternal.

‘Being of modern growths’ — having been propounded by some person of the present time, — ‘they are worthless’ — not productive of any transcendental result.

‘Those other doctrines’ — which bear traces of being propounded by dissemblers, and such other signs. — (96)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 12.)

 

 

VERSE 12.97

Section XI - Supremacy of the Veda

 

चातुर्वर्ण्यं त्रयो लोकाश्चत्वारश्चाश्रमाः पृथक् ।
भूतं भव्यं भविष्यं च सर्वं वेदात् प्रसिध्यति ॥९७॥

cāturvarṇyaṃ trayo lokāścatvāraścāśramāḥ pṛthak |
bhūtaṃ bhavyaṃ bhaviṣyaṃ ca sarvaṃ vedāt prasidhyati ||97||

 

The four castes, the three worlds, the four life-stages, the past, the present and the future are each learnt from the Veda. — (97)

 

Medhātithi’s commentary (manubhāṣya):

This also is in praise of the Veda.

‘The four castes’ are learnt from the Veda, — i.e., the duties of the four castes ate tints known; e.g., ‘the Brāhmaṇa shall be initiated during the spring, the Kṣatriya during the summer,’ and so forth. As for the external features they are the same in all castes, and can be definitely ascertained only by experience; as we have shown elsewhere.

‘The three worlds’ — Such texts as ‘the gods subsist upon offerings from this world’ indicate that the Veda points out the means of subsistence for all the three worlds; specially as the Smṛtis (which contain details regarding these matters) also have their source in the Veda.

The ‘life-stages’ also are learnt from the Veda.

Similarly the ‘past’ births, pleasures and pains; — the ‘present’ — current, — and the ‘future’ — what is to come; for the knowledge of all this one must seek help from the Veda. — (97)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra p. 500); — in Nṛsiṃhaprasāda (Saṃskāra, 46b); — and in Smṛticandrikā (Saṃskāra, p. 128).

 

 

VERSE 12.98

Section XI - Supremacy of the Veda

 

शब्दः स्पर्शश्च रूपं च रसो गन्धश्च पञ्चमः ।
वेदादेव प्रसूयन्ते प्रसूतिर्गुणकर्मतः ॥९८॥

śabdaḥ sparśaśca rūpaṃ ca raso gandhaśca pañcamaḥ |
vedādeva prasūyante prasūtirguṇakarmataḥ ||98||

 

Sound, touch, colour, taste, and odour as the fifth, proceed from the Veda; their production being due to the ‘secondary rites.’ — (98)

 

Medhātithi’s commentary (manubhāṣya):

Sound and the other objects of experience, which are also the means of pleasure, are known through the Veda. It is by the performance of Vedic rites that the pleasure of hearing music is secured; — and if one neglects those rites, he becomes condemned to the hearing of sounds unpleasant to the ear; — Sound and the other qualities, and the bodily organs apprehending these all owe their existence to the Veda. This is what is meant by the assertion that they ‘proceed from the Veda’; which does not mean that Veda is the material cause out of which these things are made.

This same idea is further explained by the sentence — ‘their production is due to the secondary rites.’ — The ‘production’ — birth, of sound and other things — ‘is due to the secondary rites’ — Rites directly conducive to such results as Heaven and the like are called ‘primary rites,’ while those minor ones which bring about such minor results us sound and the rest, are ‘secondary rites’; to the latter category belongs, the Citrā Sacrifice.

‘Prasūterguṇadharmataḥ’ is another reading. In this reading ‘guṇa’ stands for the qualities of Sattva, Rajas and Tamas; — ‘dharma’ for modification; — ‘prasūti’ for the disturbance of equilibrium, excess, extension; and the meaning is that Veda is the cause of the extension of the operations of the qualities of Sattva and the rest; — the Veda being regarded as the cause of all this, as it is all due: to spiritual agencies.

There are several other curious readings, which we do not note, as they are useless. — (98)

 

Explanatory notes by Ganganath Jha:

‘Prasūtirguṇakarmataḥ’. — An obscure word, the different readings for which disgusted even Medhātithi. For the various explanations see Buhler.

 

 

VERSE 12.99

Section XI - Supremacy of the Veda

 

बिभर्ति सर्वभूतानि वेदशास्त्रं सनातनम् ।
तस्मादेतत् परं मन्ये यत्जन्तोरस्य साधनम् ॥९९॥

bibharti sarvabhūtāni vedaśāstraṃ sanātanam |
tasmādetat paraṃ manye yatjantorasya sādhanam ||99||

 

The eternal lore of the Veda upholds all beings; f or th is reason I regard this as the best means of accomplishing the ends of every creature. — (99)

 

Medhātithi’s commentary (manubhāṣya):

That the Veda upholds all beings has been indicated in the following Brāhmaṇa-text — ‘Sacrificial materials are offered into fire, — the fire raises it up to the Sun, — the Sun bears it on his rays, — thence comes rain; thus it is that the sacrificial material comes to be regarded as the cause of the birth and existence of all beings.’ This same idea has been expressed in the present work also — ‘The material rightly thrown into the fire rises up to the Sun,’ and so forth (3.76).

For these reasons I regard this as the best means for the accomplishing of the ends of man. In what manner the Veda supplies all the knowledge regarding man’s duties has been already shown.

“What fulfils all these ends, — is it Vedic (spiritual), or worldlly (physical)?”

The duty is spiritual, but the actual act, which is visible to the eye, is physical. — (99)

 

 

VERSE 12.100

Section XI - Supremacy of the Veda

 

सेनापत्यं च राज्यं च दण्डनेतृत्वमेव च ।
सर्वलोकाधिपत्यं च वेदशास्त्रविदर्हति ॥१००॥

senāpatyaṃ ca rājyaṃ ca daṇḍanetṛtvameva ca |
sarvalokādhipatyaṃ ca vedaśāstravidarhati ||100||

 

It is only one who knows the Vedic lore that deserves the command over armies, Kingly authority, the office of the adjudicator of punishments and sovereignty over all men. — (100)

 

Medhātithi’s commentary (manubhāṣya):

This is an exaggerated praise.

‘Adjudicator of punishments’ — the officer who, in villages and cities, fixes the punishments upon men; who is appointed to look after what people do and what they do not know.

‘Army’ — consisting of elephants, horses, chariots and foot-soldiers; — the ‘Commander’ of all this.

‘Kingly authority’ — royal authority over a small circle.

‘Sovereignty over all men’ — the status of the Emperor. — (100)

 

 

VERSE 12.101

Section XI - Supremacy of the Veda

 

यथा जातबलो वह्निर्दहत्यार्द्रानपि द्रुमान् ।
तथा दहति वेदज्ञः कर्मजं दोषमात्मनः ॥१०१॥

yathā jātabalo vahnirdahatyārdrānapi drumān |
tathā dahati vedajñaḥ karmajaṃ doṣamātmanaḥ ||101||

 

Just as fire, having gained strength, burns even green trees, even so does the person knowing the Veda consume all the evil effects of his deeds. — (101)

 

Medhātithi’s commentary (manubhāṣya):

As in the preceding verse, so now also the construction of the words is quite easy, and their meaning is well-known. — 101

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 172); — and in Smṛticandrikā (Saṃskāra, p. 129).

 

Comparative notes by various authors:

Vaśiṣṭha (27.2). — ‘As a fire burning strongly consumes even green trees, even so does the fire of the Veda destroy one’s guilt caused by one's deeds.’

 

 

VERSE 12.102

Section XI - Supremacy of the Veda

 

वेदशास्त्रार्थतत्त्वज्ञो यत्र तत्राश्रमे वसन् ।
इहैव लोके तिष्ठन् स ब्रह्मभूयाय कल्पते ॥१०२॥

vedaśāstrārthatattvajño yatra tatrāśrame vasan |
ihaiva loke tiṣṭhan sa brahmabhūyāya kalpate ||102||

 

In whatever life-stage he may be, the person who knows the true meaning of the Vedic Scriptures becomes fit for union with brahman, even while dwelling in this world. — (102)

 

Medhātithi’s commentary (manubhāṣya):

‘Union with Brahman’ — becoming one with Brahman, (i.e., attaining Brahman).

‘In whatever’ — i.e., even though he may not take to the several stages in the regular order. This is what has been referred to in such passages as — ‘Brāhmaṇas, deviating from the regular path, pass on to the stage of the Mendicant immediately after passing through that of the Student.’ — 102

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra p. 510); — and in Smṛticandrikā (Saṃskāra p. 132).

 

 

VERSE 12.103

Section XI - Supremacy of the Veda

 

अज्ञेभ्यो ग्रन्थिनः श्रेष्ठा ग्रन्थिभ्यो धारिणो वराः ।
धारिभ्यो ज्ञानिनः श्रेष्ठा ज्ञानिभ्यो व्यवसायिनः ॥१०३॥

ajñebhyo granthinaḥ śreṣṭhā granthibhyo dhāriṇo varāḥ |
dhāribhyo jñāninaḥ śreṣṭhā jñānibhyo vyavasāyinaḥ ||103||

 

Better than ignoramuses are those who ‘read the books’; better than the ‘reader of books’ are those who ‘retain’ them; better than the ‘retainers’ are those who have ‘knowledge’; and better than those having ‘knowledge’ are those who act. — (103)

 

Medhātithi’s commentary (manubhāṣya):

‘Ignoramuses’ — ignorant men; those who do not read at all.

‘Who read the books’ — those who have studied the texts, and are just able to mention them.

Better than these are those who ‘retain’ them; those who read the books with care; while the former do not read with sufficient care. The ‘retainers’ also are of the books.

What the superiority of these latter means is that they are qualified for being engaged in recitations, for receiving gifts, and so forth.

‘Those who have knowledge,’ are qualified for all purposes; and hence these are still better. Recitations and prayers, when done with knowledge, are productive of more excellent results. This is what has been thus described — ‘Whatever one does with knowledge, faith and with due regard to the esoteric teachings, turns out to be most effective.’

‘Those who act’ — Those who, without any hesitation, act up to the teachings of the Veda; and who never doubt their correctness.

This also is meant to be mere praise: Mere study of the Veda is capable of accomplishing the ends of man, — how much more so the knowledge of what is contained in it! — (103)

 

Explanatory notes by Ganganath Jha:

‘Ajñebhyaḥ’. — ‘Entirely ignorant’ (Medhātithi and Nārāyaṇa), ‘who have not read the Veda’ (Nandana), — ‘who have learnt a little’ (Govindarāja and Kullūka).

‘Granthinaḥ’. — ‘Forgetful students’ (Kullūka and Nandana), — ‘those who learn the verbal text alone and do not ponder, over the meaning’, (Medhātithi, Govindarāja and Nārāyaṇa).

This verse is quoted in Smṛtitattva II (p. 73), which adds the following notes: — ‘Granthinaḥ,’ who can read only with the help of the book, — ‘Dhāriṇaḥ,’ who can read without the help of the book, — ‘Jñāninaḥ,’ who have studied the scriptures and know their meaning.

 

 

VERSE 12.104

Section XI - Supremacy of the Veda

 

तपो विद्या च विप्रस्य निःश्रेयसकरं परम् ।
तपसा किल्बिषं हन्ति विद्ययाऽमृतमश्नुते ॥१०४॥

tapo vidyā ca viprasya niḥśreyasakaraṃ param |
tapasā kilbiṣaṃ hanti vidyayā'mṛtamaśnute ||104||

 

Austerity and knowledge are conducive to the Highest Good of the Brāhmaṇa; by Austerity he destroys sins and by Knowledge he attains immortality. — (104)

 

Medhātithi’s commentary (manubhāṣya):

What is meant by this is that, even though one may possess knowledge, — until his sins have been destroyed, he does not attain Liberation; — nor if, though his sins may have been destroyed, he has not acquired knowledge of the Self.

Thus there is no truth in the assertion that man attains Liberation by his very nature.

‘Immortality’ — not returning to metempsychic birth; which has also been described as consisting in pure Bliss. — (104)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 512); — and in Smṛticandrikā (Saṃskāra, p. 144).

 

 

VERSE 12.105

Section XI - Supremacy of the Veda

 

प्रत्यक्षं चानुमानं च शास्त्रं च विविधाऽऽगमम् ।
त्रयं सुविदितं कार्यं धर्मशुद्धिमभीप्सता ॥१०५॥

pratyakṣaṃ cānumānaṃ ca śāstraṃ ca vividhā''gamam |
trayaṃ suviditaṃ kāryaṃ dharmaśuddhimabhīpsatā ||105||

 

If one desires to obtain the correct knowledge of Dharma, he should become fully acquainted with these three: — Perception, Inference and the Scriptures of various traditions. — (105)

 

Medhātithi’s commentary (manubhāṣya):

In a friendly spirit, the author adds a teaching bearing upon the ordinary business of the world.

‘Dharma’ — is what is taught in the Veda.

‘Śuddhi’ — correct knowledge, consisting of the rejection of the prima facie view of things and the acceptance of the correct conclusion, is obtained only when one has formed correct notions regarding Perception and the other means of knowledge. For instance, it is only when one has a correct conception of the perception of things that he is cognizant of the fact that flame is something fleeting, and when he finds that the case with sound is not so, he grasps the truth that ‘sound is eternal.’ If, on the other hand, the man has no correct conception of things perceived, he will entertain the same notion regarding the perception of both sound and flame. So that perceiving that flame is fleeting, he would conclude that sound also is fleeting; and for this man the Veda would only be ‘an aggregate of fleeting sounds’...(?)

Similarly ‘Inference’ should be duly learnt. If a man does not become acquainted with the right process of Inference, he would be liable to draw inferences from the Minor Term only, or only from that which does not contain the major term, and thus infer the existence of an author for the Veda also. When on the other hand, he understands the nature of Inference, he concludes that the Veda is not the work of an author, from the premiss that no work of the nature of the Veda is ever found to be the work of an author.

‘Scriptures o f various traditions.’ — The Scriptures contain many Injunctions and Prohibitions; and hence there are several ‘traditions’ regarding them. ‘Āgama’ literally means ‘āgamyate,’ ‘that which comes down to one.’ There being several rescissions of the Veda, it is spoken of as having ‘several traditions,’ specially with reference to the distinction drawn between ‘Śruti’ and ‘Smṛti.’

This fact, already implied by the Injunction of ‘Vedic Study,’ has been recalled here by the Author, in a friendly spirit. All this may be regarded as mere praise. — (105)

 

Explanatory notes by Ganganath Jha:

‘Śāstram’. — ‘Veda’ (Govindarāja and Nārāyaṇa); — ‘Veda and Smṛti’ (Medhātithi), — ‘Smṛti’ (Kullūka).

 

 

VERSE 12.106

Section XI - Supremacy of the Veda

 

आर्षं धर्मोपदेशं च वेदशास्त्राविरोधिना ।
यस्तर्केणानुसन्धत्ते स धर्मं वेद नैतरः ॥१०६॥

ārṣaṃ dharmopadeśaṃ ca vedaśāstrāvirodhinā |
yastarkeṇānusandhatte sa dharmaṃ veda naitaraḥ ||106||

 

If a man explores, by ratiocination, the Vedic teaching regarding Dharma, he alone, and no other, understands Dharma. — (106)

 

Medhātithi’s commentary (manubhāṣya):

‘Ārṣa’ means ‘pertaining to a Ṛṣi,’ and the term ‘ṛṣi’ here means the Veda; hence ‘Ārṣa Upadeśa’ means ‘Vedic teaching.’

This, if a man ‘explores’ — tries to find out — ‘by ratiocination’ — by means of inferences, — ‘he understands Dharma’ — such is the verbal construction of the passage.

‘Ratiocination’ — is the process of reasoning where a certain proposition is set up, and rejected, if found to be wrong on examination; the man coming to such conclusions as — ‘It is right to accept this, and reject that.’ For instance, the sacred text used at the Āgneya sacrifice is — ‘Devasya tvā savituḥ...agnaye tvā juṣṭam nirvapāmi’ (Vājasaneya Saṃhitā, 2.11); now an ectype of this Āgneya is the ‘Saurya’ Sacrifice of which the deity is Sūrya; — and in accordance with the general law that ‘the ectype shall be performed in the same manner as its archetype,’ it would follow that the sacred text just quoted shall be used at the Saurya sacrifice also; — but here one argues that though ‘agnaye tvā’ would be the right form for the Āgneya, where the deity is Agni, it could not be right for the Saurya, where the deity is Sūrya; hence while at this latter, the rest of the text shall be used in the same form, the words ‘agnaye tvā’ should be altered into ‘sūryāya tvā.’ Such a reasoning would not be inconsistent with the Veda.

Some people may argue thus: “At the Saurya sacrifice, Agni is not the deity; and it is in accordance with their meanings that sacred texts are employed at sacrifices; so that when one part of the said text is not applicable to the Saurya sacrifice, if that portion were dropped, it would cease to be a Sacred text; — hence the whole text should be dropped.”

But such reasoning would be contrary to the teaching of the Veda.

Similarly if one were to argue that — ‘Since the sacred text has to be used, it must be always used in its original unaltered form only,’ — this also would be contrary to the Veda.

In fact, what is set forth here is not an Injunction, but a commendatory statement; and the purport of it is that what should be done in such cases is to be ascertained by the process of reasonings embodied in the Mīmāṃsā; — hence it is the study of Mīmāṃsā that is indirectly enjoined for the purpose of obtaining a correct knowledge of Dharma.

Others explain the text in the following manner: —

‘Tarka,’ ‘Ratiocination,’ stands for works of which reasoning forms the main subject; which make it their business to set forth the ordinary means of cognition, — i.e., works on Nyāya, on Vaiśeṣika and on the materialistic Systems of Philosophy. From among these however, those belonging to the last category, — i.e., works written by Bauddhas, Nirgranthas and others — which are inconsistent with the Veda — are rejected; since for these writers the Veda is not an authoritative source of knowledge; as it is for Kapila, Kaṇāda (and the Naiyāyika). This is shown by the following Sūtra of Gautama — ‘Perception, Inference, Analogy and Word are the pramāṇas’ (1.1.3); and the Vaiśeṣikas also — ‘the authoritative character of the Veda is due to its being His declaration’ (Vaiśeṣika Sūtra). Hence these latter should be carefully listened to (and learnt). In the Mahābhārata also, the revered Kṛṣṇa Dvaipāyana has declared — ‘O king, your intellect seems to be bewildered by the words of the text, just like that of the foolish Vedic scholar, and hence it fails to grasp the subtle aspects of things’; — where the mention of ‘bewilderment caused by the words of the text’ implies the propriety of applying reasonings. There is yet another statement — ‘One who follows the Smṛtis should never attend to materialistic Brāhmaṇas, since these are adepts in evil and proud of their learning.’ This forbids listening to unsound reasonings; while the former text (from the Mahābhārata) lays down the propriety of attending to sound reasonings.

The authoritative character of the Veda some people would seek to prove by the fact of its being the work of God. But this is not possible; as according to this view the Veda cannot he authoritative, as its whole fabric would rest upon the will of God, and when we find contradictory statements, we are prone to take the opposite view that the Veda is not trustworthy.

For this reason the reasonings set forth by these persons would also have to be rejected as ‘unsound’; specially as these do not help in any way towards the understanding of the meaning of Vedic texts. Says the Sāṅkhya, for instance (in regard to the Veda) — ‘it is beset with impurity, destruction and excess’ (Kārikā, 2). The followers of Gautama also have put forward certain arguments, which embody the prima facie position against the Ritualistic Section of the Veda (Nyāya Sūtra, 2.1.5, et. seq.); — though these arguments are represented as proceeding from another party.

It is only in the Pūrva-Mīmāṃsā and the Vedānta that we find the authority of the Veda unequivocally stated, in the form in which it is set forth in such Vedic texts as — ‘The gods came down from the heavenly regions to this world, — the sages followed them, — and the men said to them — How are we going to live? — To them the sages revealed all their duties, — hence the reasonings that the good Brāhmaṇas propound are Vedic.’ This is a passage that explains the exact nature of what is meant by ‘ratiocination’ in the present context. — (106)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 22); — and in Smṛtitattva (p. 511).

 

 

VERSE 12.107 [Doubtful Points of Law to be decided by the Assembly]

Section XII - Doubtful Points of Law to be decided by the Assembly

 

नैःश्रेयसमिदं कर्म यथोदितमशेषतः ।
मानवस्यास्य शास्त्रस्य रहस्यमुपदिश्यते ॥१०७॥

naiḥśreyasamidaṃ karma yathoditamaśeṣataḥ |
mānavasyāsya śāstrasya rahasyamupadiśyate ||107||

 

The act conducive to the Highest Good is as has been here fully declared. Now is going to be set forth the secret of the Teachings of Manu — (107)

 

Medhātithi’s commentary (manubhāṣya):

This verse is intended to attract the attention of the Vedic scholar, and to arouse in his mind a special regard for what is going to be set forth.

‘Secret’ — hidden meaning. — (107)

 

 

VERSE 12.108

Section XII - Doubtful Points of Law to be decided by the Assembly

 

अनाम्नातेषु धर्मेषु कथं स्यादिति चेद् भवेत् ।
यं शिष्टा ब्राह्मणा ब्रूयुः स धर्मः स्यादशङ्कितः ॥१०८॥

anāmnāteṣu dharmeṣu kathaṃ syāditi ced bhavet |
yaṃ śiṣṭā brāhmaṇā brūyuḥ sa dharmaḥ syādaśaṅkitaḥ ||108||

 

If the question should arise — “How should it be in regard to those points upon which the laws have not been declared?” — [the answer is] — what the cultured Brāhmaṇas declare, that shall be the undoubted law. — (108)

 

Medhātithi’s commentary (manubhāṣya):

“How can there be any doubt on points not dealt with by the Ordinances? For the matter would be wholly unknown.”

The answer to this is that what is meant is not what is not spoken of at all, but that in regard to which the law has been stated only in a general form, and the particular applications of it cannot be ascertained.

“Even in such cases why should there be any doubt? A general statement always applies to all particular cases; so that if any particular form of it is followed, the ordinances become followed.”

For instance, when we have the law that ‘one should rinse his mouth with water,’ — with what water, of a well, or a tank, or a river, being not specified, — the behests of the law would be duly obeyed by rinsing the mouth with water obtained from any one of these sources.

True; but there are cases where we have a text prohibiting a certain act, but no expiation is laid down in reference to that act; and it is such cases that are contemplated by the present verse.

For instance, there is the following case — There is a vessel polluted by the touch of the Śūdra’s mouth, — and before it has been cleansed some one takes his food out of it; — now what would be the expiation in this case? This question cannot be answered by anything that has been laid down. There is the text laying down the expiation in connection with pollution caused by the touch of the mouth of ‘the woman and the Śūdra’; but what is polluted by the ‘woman and the Śūdra,’ cannot be held to be ‘polluted by the Śūdra (only).’

In such doubtful cases, one should act up to the declaration of cultured men. For such doubts can arise only in the minds of Śūdras and others, who are not learned Brāhmaṇas; and it is only right that they should do what is taught by cultured men; so that in all cases, reductions or enhancements in the exact expiation should be always accepted in accordance with the decision of these people.

Nor would these cultured men be doing anything wrong in declaring the law on doubtful points; since it is declared that — ‘that should be the undoubted law.’ If they pronounced a wrong opinion they would certainly be doing something wrong. For in matters relating to Dharma there can be no two opinions. In a case where there is a doubt regarding the exact ‘gotra’ and ‘pravara’ of a certain person, — when no one happens to remember them, how could the exact gotra or pravara be determined by any declaration of the Brāhmaṇas? It is for this reason that it has been asserted that where the gotra or pravara is doubtful, it shall remain doubtful. The pravara is doubtful only when the gotra is doubtful; when there is no doubt regarding the gotra, there can be none regarding the pravara, as the exact pravaras relating to each gotra have been clearly described. But since there are several pravaras mentioned in connection with several gotras, the gotra would remain doubtful even when the pravaras are known. — (108)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 21); — and in Smṛticandrikā (Saṃskāra, p. 7), which explains ‘Dharmeṣu’ as ‘the sources of the knowledge of Dharma.’

 

Comparative notes by various authors:

Gautama (28.48). — ‘In cases where no rule has been given, that course should he followed which is approved of by at least ten such Brāhmaṇas as are well-instructed, skilled in reasoning and free from covetousness.’

 

 

VERSE 12.109

Section XII - Doubtful Points of Law to be decided by the Assembly

 

धर्मेणाधिगतो यैस्तु वेदः सपरिबृंहणः ।
ते शिष्टा ब्राह्मणा ज्ञेयाः श्रुतिप्रत्यक्षहेतवः ॥१०९॥

dharmeṇādhigato yaistu vedaḥ saparibṛṃhaṇaḥ |
te śiṣṭā brāhmaṇā jñeyāḥ śrutipratyakṣahetavaḥ ||109||

 

Those Brāhmaṇas, by whom the Veda, along with its supplements, has been learnt in the right manner, and who are guided directly by the revealed texts, — shall be regarded as ‘cultur ed.’ — (109)

 

Medhātithi’s commentary (manubhāṣya):

This verse provides the definition of the ‘cultured’ man.

“The definition of the cultured man has already been provided under 2.13.”

But that verse has been suspected of having a totally different meaning; hence it cannot be regarded as providing the required definition. There is another statement — that man is cultured who is not affected by desires.’ But in this, ‘learning’ is not made a necessary condition. [Hence this also cannot be accepted as the requisite definition.]

When the Veda has been completely learnt and its meaning has been thoroughly grasped, — ‘along with its supplements’ — as described by the revered Vyāsa, — ‘The Veda should be supplemented by Itihāsas and Purāṇas’; — by this the Smṛtis also became included.

The mention of ‘Brāhmaṇas’ is purely reiterative; since none other than the Brāhmaṇa is entitled to expound Dharma.

‘Guided directly by the revealed texts’ — The revealed texts are their ‘direct guide’; — i.e., those for whom the Veda constitutes Perception and all other means of knowledge. What is meant is that they look upon the Veda as free from all defects, to the same extent that direct Perception is regarded as entirely trustworthy, — they do not rely upon those means of cognition that are based entirely on reasonings; they regard the Veda itself as embodying ‘reasoning’ also, and do not seek to establish the authority of the Veda by means of arguments.

Or, the phrase may mean that ‘they rely upon such Vedic texts as are directly found’; — i.e., they look upon these directly perceptible texts as the sole means of ascertaining what is Dharma (right) and what is Adharma (wrong). — (109)

 

Explanatory notes by Ganganath Jha:

‘Śrutipratyakṣahetavaḥ’ — ‘Those who have learnt the Vedic text, also facts of perception and reasonings’, or ‘those for whom the perceptible Vedic texts are the sole means of discriminating virtue and vice’ (Medhātithi); — ‘who are the cause of the teaching of the subjects perceptible in the Veda’ (Govindarāja), — ‘who are the causes of making the revealed texts perceptible by reciting them’ (Kullūka); — ‘those for whose knowledge and exposition of the Law, the causes consist of Hearing and Perception by the senses’ (Nandana).

This verse is quoted in Smṛticandrikā (Saṃskāra p. 6) as defining the ‘Śiṣṭa.’

 

Comparative notes by various authors:

Vaśiṣṭha (1.6-7). — ‘He whose heart is free from desire is called śiṣṭa. Acts sanctioned by the sacred law are those for which no worldly cause is perceptible.’

Vaśiṣṭha (6.43). — ‘Those Brāhmaṇas in whose families the study of the Veda and the subsidiary sciences is hereditary, and who are able to adduce proofs perceptible by the senses from the revealed texts, must be known to be śiṣṭa, cultured.’

Baudhāyana (1.1.5-6). — ‘Śiṣṭa, cultured, forsooth, are those who are free from envy, free from pride, contented with a store of grain sufficient for ten days, free from covetousness, and free from hypocrisy, arrogance, greed, perplexity and anger. Those are called cultured who, in accordance with the sacred Law, have studied the Veda together with its subsidiaries, know how to draw inferences from it, and are able to adduce proofs perceptible by the senses from the revealed texts.’

Āpastamba (2.29.14-15). — ‘The indications for doubtful cases are — “He shall regulate his course of action according to the conduct which is unanimously recognised in all countries by men of the three twice-born castes, who have been properly obedient to their teachers, who are aged, of subdued senses, free from avarice and hypocrisy.” Acting thus he will gain both worlds. Some people say that the remaining duties must be learnt from women and from men of all castes.’

 

 

VERSE 12.110

Section XII - Doubtful Points of Law to be decided by the Assembly

 

दशावरा वा परिषद्यं धर्मं परिकल्पयेत् ।
त्र्य्ऽवरा वाऽपि वृत्तस्था तं धर्मं न विचालयेत् ॥११०॥

daśāvarā vā pariṣadyaṃ dharmaṃ parikalpayet |
try'varā vā'pi vṛttasthā taṃ dharmaṃ na vicālayet ||110||

 

When an assembly consisting of at least ten men, — or of at least three men firm in their duty, — declares a certain law, one should not seek to dispute it. — (110)

 

Medhātithi’s commentary (manubhāṣya):

That in which there are at least ten men; — if more cannot be brought together, there should be at least ten.

If this be not possible, there should be at least three.

‘Firm in their duty.’ — This is a reference to what has been said under 2.13.

What is meant to be emphasised here is not the number, but the qualification; as in clear from what is going to be said in Verse 113 below, regarding ‘even a single Brāhmaṇa learned in the Veda, etc., etc.,’ and the larger numbers are mentioned only in view of the fact that it may be difficult to find any single person possessed with all the requisite qualifications.

The qualifications for membership of the Assembly are next enumerated. — (110)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Nityācārapradīpa (p. 69).

 

Comparative notes by various authors:

Gautama (28.49). — ‘They declare that a Pariṣad, Assembly, shall consist of at least the ten following — four men who have completely studied the four Vedas, three men belonging to the first three orders, and three men who know the different institutes of Law.’

Baudhāyana (1.1.7, 9). — ‘On failure of the śiṣṭas, an assembly consisting of at least ten members shall decide disputed points of Law.’

 

 

VERSE 12.111

Section XII - Doubtful Points of Law to be decided by the Assembly

 

त्रैविद्यो हेतुकस्तर्की नैरुक्तो धर्मपाठकः ।
त्रयश्चाश्रमिणः पूर्वे परिषत् स्याद् दशावरा ॥१११॥

traividyo hetukastarkī nairukto dharmapāṭhakaḥ |
trayaścāśramiṇaḥ pūrve pariṣat syād daśāvarā ||111||

 

A person learned in the three Vedas, a logician, an investigator, a person knowing the Nirukta, a lawyer and three men belonging to the first three life-stages, shall constitute the ‘Assembly’; which shall consist of at least ten members. — (111)

 

Medhātithi’s commentary (manubhāṣya):

Though the text speaks of the number of members as the more important factor, yet it should be understood as laying greater stress upon the qualifications.

‘A person learned in the three Vedas’ — he who has learnt the three Vedas, and knows their meaning.

‘Logician’ — who is an expert in drawing Inferences; endowed with the faculty of considering the pros and cons of a subject.

“It has been said under that a Logician can never be learned in the Veda.”

True; but, even though he may not himself learn the Veda, yet he may know its contents from other men; and the knowledge of Logic will enable him to put forth special efforts in this line.

This same remark applies to the person knowing the Nirukta also.

‘Lawyer’ — one who has studied the Ordinances of Manu and other law-books.

‘Three men belonging to the life-stages’; — those who are devoted to the actual performance of their duties become specially adept in matters relating to Dharma.

‘First.’ — Some people explain this to mean, (1) the Religions Student, (2) the Householder and (3) the Wandering

Mendicant; since it is only these persons whose entry into villages has not been forbidden; and it is in this order that the life-stages have been named by Gautama (3. 2) — ‘The Student, the Householder, the Wandering Mendicant, and the Recluse.’ Others however argue that ‘causing injury’ being not permitted for the Mendicant, how could he decide points of law (which may involve loss and injury to certain persons)? Hence the Recluse should be the third. — (111)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.301) as describing the constitution of the Assembly or Court; it adds the following notes: — ‘Haitukaḥ’, who is conversant with the essential principles of the Mimānsā, — ‘tarkī,’ who is expert in the science of reasoning; — in Madanapārijāta (p. 77 4), which adds the following notes: — ‘Hetukaḥ’ (which is its reading for ‘haitukaḥ’), expert, in inference; — ‘tarkī’, one who is expert in ‘Tarka’, which is the name given to that process of reasoning by which one comes to the correct conclusion on a definite question, by rejecting all other possible alternatives; the ‘tarka’ ‘argumentation’ meant here is one that does not go against the Vedic scriptures.

It is quoted in Smṛtitattva II (p. 199), which adds the following notes — ‘Traividyaḥ’, one who knows the three Vedas, — ‘haitukaḥ’, one who acts in a reasonable manner; — and in Aparārka (p. 22).

 

Comparative notes by various authors:

Baudhāyana (1.1, 8). — ‘They quote the following: — “Four men, each of whom knows one of the four Vedas, a Mīmāṃsaka, one who is conversant with the subsidiary sciences, one who recites the sacred law, and three Brāhmaṇas belonging to three different orders, constitute an Assembly consisting of at least ten members.’

Gautama (28.49). — (See above under CX.)

Vaśiṣṭha (3.20). — ‘Four students of the four Vedas, one knowing Mīmāṃsā, one knowing the subsidiary sciences, a teacher of the sacred law, and three eminent men of the three different orders compose a legal assembly consisting of at least ten members.’

Parāśara (8.34). — (Same as Manu.)

 

 

VERSE 12.112

Section XII - Doubtful Points of Law to be decided by the Assembly

 

ऋग्वेदविद् यजुर्विद्च सामवेदविदेव च ।
त्र्य्ऽवरा परिषद्ज्ञेया धर्मसंशयनिर्णये ॥११२॥

ṛgvedavid yajurvidca sāmavedavideva ca |
try'varā pariṣadjñeyā dharmasaṃśayanirṇaye ||112||

 

A person knowing the Ṛgveda, a person knowing the Yajurveda, and a person knowing the Sāmaveda, shall be understood to form the assembly of at least three members, competent to decide doubtful points of law. — (112)

 

Medhātithi’s commentary (manubhāṣya):

The meaning of the Veda is understood with the help of Nirukta, Vyākaraṇa and Mīmāṃsā. A knowledge of these should be possessed by all the three persons, as these do not help the comprehending of the meaning of any one Veda only, and not of others. Hence a knowledge of these is essential in all cases.

The distinction of the three Vedas — Ṛgveda and the rest — has been mentioned on the basis of the distinction made in the Gṛhyasūtras. — (112)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.300) as prescribing a second kind of ‘Assembly’; — in Aparārka (p. 21); — and in Smṛticandrikā (Saṃskāra, p. 8).

 

Comparative notes by various authors:

Yājñavalkya (1.9). — ‘Four persons well versed in the Veda and in Law, or learned in the three Vedas, constitute the Pariṣad, Assembly; whatever this Assembly declares is the Law; or what is declared by a single person thoroughly cognisant of the Self.’

 

 

VERSE 12.113

Section XII - Doubtful Points of Law to be decided by the Assembly

 

एकोऽपि वेदविद् धर्मं यं व्यवस्येद् द्विजोत्तमः ।
स विज्ञेयः परो धर्मो नाज्ञानामुदितोऽयुतैः ॥११३॥

eko'pi vedavid dharmaṃ yaṃ vyavasyed dvijottamaḥ |
sa vijñeyaḥ paro dharmo nājñānāmudito'yutaiḥ ||113||

 

That which even a single Brāhmaṇa learned in the Veda decides to be the law, shall be understood to be the highest law, — and not what is asserted by ten thousand ignoramuses. — (113)

 

Medhātithi’s commentary (manubhāṣya):

‘Decides’ — finds out and declares.

Not what is proclaimed by ten thousand ‘ignoramuses’ — not learned in the Veda.

This has been already explained before. — (113)

 

Explanatory notes by Ganganath Jha:

expert in the science of reasoning; — in Madanapārijāta (p. 77 4), which adds the following notes: — ‘Hetukaḥ’ (which is its reading for ‘haitukaḥ’), expert, in inference; — ‘tarkī’, one who is expert in ‘Tarka’, which is the name given to that process of reasoning by which one comes to the correct conclusion on a definite question, by rejecting all other possible alternatives; the ‘tarka’ ‘argumentation’ meant here is one that does not go against the Vedic scriptures.

It is quoted in Smṛtitattva II (p. 199), which adds the following notes — ‘Traividyaḥ’, one who knows the three Vedas, — ‘haitukaḥ’, one who acts in a reasonable manner; — and in Aparārka (p. 22).

 

Comparative notes by various authors:

Gautama (28.50). — ‘On failure of the Assembly, the decision of one Śrotriya, who knows the Veda and is properly instructed, shall be followed.’

 

 

VERSE 12.114

Section XII - Doubtful Points of Law to be decided by the Assembly

 

अव्रतानाममन्त्राणां जातिमात्रोपजीविनाम् ।
सहस्रशः समेतानां परिषत्त्वं न विद्यते ॥११४॥

avratānāmamantrāṇāṃ jātimātropajīvinām |
sahasraśaḥ sametānāṃ pariṣattvaṃ na vidyate ||114||

 

Even if thousands of Brāhmaṇas come together, — who have not fulfilled their duties, who are ignorant of the sacred texts, who subsist merely by the name of their caste, — the character of the ‘Assembly’ cannot belong to them. — (114)

 

Medhātithi’s commentary (manubhāṣya):

‘Who have not fulfilled their duties’; — what has been already asserted before is stated here in the negative form.

When persons fulfilling their duties and learned in the Veda lay down a certain law, no doubts should be entertained regarding it, — either by learned or by ignorant men. Nor should any optional alternatives be admitted in such cases. — (114)

 

Comparative notes by various authors:

Baudhāyana (1.1.16). — ‘Many thousands cannot form an Assembly, if they have not fulfilled their sacred duties, are unacquainted with the Veda, and subsist only by the name of their caste.’

Vaśiṣṭha (3.5). — (Same as above.)

Parāśara (8.12). — (Same as Manu.)

 

 

VERSE 12.115

Section XII - Doubtful Points of Law to be decided by the Assembly

 

यं वदन्ति तमोभूता मूर्खा धर्ममतद्विदः ।
तत्पापं शतधा भूत्वा तद्वक्तॄननुगच्छति ॥११५॥

yaṃ vadanti tamobhūtā mūrkhā dharmamatadvidaḥ |
tatpāpaṃ śatadhā bhūtvā tadvaktṝnanugacchati ||115||

 

When ignorant men, partaking of the quality of ‘Tamas,’ declare a certain act as right, without knowing what ‘right’ means, — the sin of that act falls hundred-fold upon those who propound it. — (115)

 

Medhātithi’s commentary (manubhāṣya):

This describes the evil effects befalling those ignorant men who go about propounding the law. — (115)

 

Comparative notes by various authors:

Baudhāyana (1.1.11). — ‘That sin which dunces, perplexed by ignorance and unacquainted with the sacred Law, declare to be Dharma, falls, increased a hundredfold, on those who propound it.’

Vaśiṣṭha (3.6). — (Same as above.)

Parāśara (8.13). — (Same as Manu.)

 

 

VERSE 12.116

Section XII - Doubtful Points of Law to be decided by the Assembly

 

एतद् वोऽभिहितं सर्वं निःश्रेयसकरं परम् ।
अस्मादप्रच्युतो विप्रः प्राप्नोति परमां गतिम् ॥११६॥

etad vo'bhihitaṃ sarvaṃ niḥśreyasakaraṃ param |
asmādapracyuto vipraḥ prāpnoti paramāṃ gatim ||116||

 

All that is conducive to the Highest Good has been thus expounded to you; the Brāhmaṇa who has not deviated from this, attains the highest state. — (116)

 

Medhātithi’s commentary (manubhāṣya):

The verse sums up what was promised to be done. What was promised under l.2 and 1.4 as going to be done, has all been duly done. This indicates the end of the Ordinances.

“As a matter of fact, we find teachings even after this; and that too in the direct injunctive form. Why then is it said that the Ordinances are summed up here?”

What comes after this is pure knowledge, which is a necessary complement of all actions. So that there is no incongruity in what we have stated. In fact, in all cases, the propounding of Dharma forms the most important factor in all teachings, and Knowledge comes always in the end. This was what we meant when we said that the present verse sums up the Ordinances. — (116)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1027).

 

 

VERSE 12.117 [Summing up of the Esoteric Teaching]

Section XIII - Summing up of the Esoteric Teaching

 

एवं स भगवान् देवो लोकानां हितकाम्यया ।
धर्मस्य परमं गुह्यं ममेदं सर्वमुक्तवान् ॥११७॥

evaṃ sa bhagavān devo lokānāṃ hitakāmyayā |
dharmasya paramaṃ guhyaṃ mamedaṃ sarvamuktavān ||117||

 

Thus has the blessed Lord explained to me, with a desire to benefit mankind, the highest secret of Dharma. — (117)

 

Medhātithi’s commentary (manubhāṣya):

‘The blessed Lord’ — Manu — propounded these Ordinances for the ‘benefit of mankind.’ This is what Bhṛgu says to his pupils.

This sets at rest all doubts regarding persons entitled to seek for knowledge.

‘Secret’ — the true philosophy of the Self also, the revered Manu has disclosed to me; and I also have disclosed it to you just as I heard it. So that you should not seek for any further knowledge on the subject. — (117)

 

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1027).

 

 

VERSE 12.118

Section XIII - Summing up of the Esoteric Teaching

 

सर्वमात्मनि सम्पश्येत् सत्चासत्च समाहितः ।
सर्वं ह्यात्मनि सम्पश्यन्नाधर्मे कुरुते मनः ॥११८॥

sarvamātmani sampaśyet satcāsatca samāhitaḥ |
sarvaṃ hyātmani sampaśyannādharme kurute manaḥ ||118||

 

With a concentrated mind, one should perceive in the Self all things, real as well as unreal. One who perceives all things in the Self never turns his mind towards wrong. — (118)

 

Medhātithi’s commentary (manubhāṣya):

‘All things’ — the world — ‘real and unreal’ — i.e., which is liable to be produced and to be destroyed; or that which is eternal like the Ākāśa, or what is an absolute non-entity, like the ‘hare’s horn’ — all this one should perceive in the Self; — that is, he should contemplate upon all this as centred in the Self.

What ‘perceiving’ connotes is a clear conception; and this can only be obtained by constant contemplation; as no dear conception of a thing can be obtained by merely seeing it once. It is for this reason that the Esoteric Science has been propounded. And in connection with the contemplation of the Self, we have such texts as — ‘It should be listened to, thought, upon and meditated upon,’ where the act of seeing is spoken of as extending up to meditation.

That is called ‘Contemplation of the Self’ which consists in repeated meditation upon It, without the intervention of any other foreign object.

Or, mere repetition (of the act of seeing) may be taken as what is implied by the term ‘perceive’ As a matter of fact, all purificatory acts have their purpose fulfilled only when they impart to the purified object a certain peculiar excellence; as is found in the case of the thumping of the corn; where, even though the repetition of the act of thumping is not directly laid down, yet it becomes implied by the fact that without such repeated thumping the corns cannot be cleared of all their husk. If the act were to be left off before this had been accomplished, it could only be regarded as leading to some invisible (transcendental) result; and in that case the act would cease to be ‘purificatory’.

For this reason the term ‘should perceive’ should be taken to mean the giving up of all other acts, and the repeating of the act of perceiving of the one object in view.

In regard to the ‘Self’ spoken of here, people dispute over its exact meaning: — “What is it that is called ‘Self,’ ‘ātman’? (A) If it stands for the Conscious Entity ensouling the body, then this is inconsistent with what follows regarding ‘the Ruler, the Soul, bright like gold, eta, etc.’ (in 122); since we do not hear of anybody appearing for such a being, — since what is declared regarding It is — ‘O Gārgi, the Sun and the Moon remain under the control of this Imperishable One, so also Heaven and Earth have been upheld by him’ (Bṛhadāraṇyaka Upaniṣad). For those reasons the transmigratory process cannot belong to that Self with regard to which we have the notion of ‘I’; so that some other form will have to be pointed out as belonging to the ‘Self’ spoken of here. Further, under the said explanation, by virtue of what the text lays down regarding ‘perceiving all things in the Self,’ even things external, at least in their spiritual aspects, will have to be regarded as being resolved into the Individual Soul (which is absurd). The only alternative left is to regard the ‘Self’ as standing for that which is the original source of all Being, of the whole Universe, one that interpenetrates all entities. Hut in regard to this it will be necessary to explain what exactly would be meant by‘perceiving all things in the Self.’ Others have held that what is referred to is the Bodily Self, in which all things are to be perceived.

Our explanation is as follows — As regards the term ‘ātman,’ ‘Self,’ it has been already shown that all authorities agree in pointing to its standing for the Supreme Self. As for what has been said above regarding the necessity for pointing out the exact form of the ‘Self’ here meant, — what else could be said on the point, except what is found asserted under the Injunctions of ‘listening to......and knowing’ this Self; — all such injunctions can be found out from the various Upaniṣads belonging to the various Vedic texts. Then again, it is because there are other proofs also of the unity of this Self that Miśra has taken such pains to explain the actual facts of perception (which point to diversity). The following passage is found in the Vākyapadīya — ‘There is nothing in name, etc.’ The fact of this Self being comprehended with the help of Injunctions may be ascertained from the fact of the Body being Its covering, etc.

As for the objection as to how what is ‘asat’ (unreal) can be seen; — in the phrase ‘the real and the unreal’ the term ‘real’ stands for the whole aggregate of worldly products, and ‘unreal’ for such subtle objects as are ordinarily not perceptible.

Another question that has been raised is — “How can the Supreme Self have any connection with hearing (such as is mentioned in the Injunction that ‘the Self should be heard, etc., etc.)?’”

But what to say of connection with Hearing? In fact the birth, existence and dissolution of the entire Universe has been proved to have its source in that Self.

As for the Injunction regarding the resolving of all things into the Self, — what is actually meant is that ‘whatever appears to be diverse, all that one should resolve into that One Entity.’ And what is meant by everything subsisting in the Self, is that one should cease to have any hankering for the things of the world.

‘With concentrated mind.’ — This ‘Concentration’ means ‘the controlling of the operation of the mind’; and how this is to be done is to be learnt from the Yoga-śāstra.

‘Never turns his mind towards wrong.’ — This connotes the immobility of the intellect and the mind. What is here prescribed should be practised until the mind ceases to be perturbed by disputants; and whatever there may be of diversity should he resolved into the one Supreme Self. — 118

 

Explanatory notes by Ganganath Jha:

‘Ātmani’. — ‘In the supreme self’ (Kullūka and Nandana), — ‘in his Own individual self’ (Govindarāja).

‘Sadasat’. — ‘The products and the causes, or the intelligent and the non-intelligent’ (Nandana), — ‘that which has shape and which is shapeless’ (Govindarāja), — ‘that which comes into existence and perishes,’ or ‘that which is an absolute non-entity and that which is eternal’ (proposed by Medhātithi).

This verse is quoted in Aparārka (p. 1027).

 

 

VERSE 12.119

Section XIII - Summing up of the Esoteric Teaching

 

आत्मैव देवताः सर्वाः सर्वमात्मन्यवस्थितम् ।
आत्मा हि जनयत्येषां कर्मयोगं शरीरिणाम् ॥११९॥

ātmaiva devatāḥ sarvāḥ sarvamātmanyavasthitam |
ātmā hi janayatyeṣāṃ karmayogaṃ śarīriṇām ||119||

 

The Self alone is all the gods; everything subsists in the Self; it is the Self that brings about the connection of these embodied beings with actions. — (119)

 

Medhātithi’s commentary (manubhāṣya):

All sacrificial rites, heaven and other rewards, and all the gods — should be looked upon as the ‘Self’: What is known as the ‘God Agni’ is the Self, apart from which there is no ‘God’ — This is what is meant by such declarations as — (a) ‘This Self is found spoken of in various forms’; — (b) ‘the one Self is the God’; — (c) ‘Indra, Varuṇa, Mitra are described as Agni,’ — ‘One real entity the wise ones speak of in various ways’; — all which goes to show that when men have notions regarding the ‘gods,’ what they have is only the idea of the ‘Self’ in its various forms. The assertion that ‘the man has passed beyond all that exists’ indicates that one should look upon all ritualistic deities as the ‘Self.’

“Does this mean that in actual practice, these gods should not be treated as gods?”

All that is to be done is to be done as being done for the Self. And the reason for this lies in the fact that it is the Self that brings about ‘the connection of all beings with actions’; — and there is no other God, even approaching It in quality. — 119

 

VERSE 12.120

Section XIII - Summing up of the Esoteric Teaching

 

खं संनिवेशयेत् खेषु चेष्टनस्पर्शनेऽनिलम् ।
पक्तिदृष्ट्योः परं तेजः स्नेहेऽपो गां च मूर्तिषु ॥१२०॥

khaṃ saṃniveśayet kheṣu ceṣṭanasparśane'nilam |
paktidṛṣṭyoḥ paraṃ tejaḥ snehe'po gāṃ ca mūrtiṣu ||120||

 

One should withdraw the Ākāśa into the ten cavities, the Wind into the organs of touch and movement, the best Light into the organs of digestion and vision, the Water into the fluids, and the Earth into the solid limbs. — (120)

 

Medhātithi’s commentary (manubhāṣya):

There are nine cavities in the body; — on these one should ‘withdraw’ — draw in — the Ākāśa, as ‘there is no external Ākāśa, nor any external thing whatsoever.’

‘Anila’ is wind; — this also he shall withdraw.

‘Movement’ — when, for instance, one moves about, or moves his hand and feet, etc.

‘Touch’ — of things external to the body.

Into these one shall withdraw the Wind.

‘Digestion’ — brought about by the fire in the stomach, — and ‘vision’; — into this he shall withdraw Light; — ‘the best’ — that which exists in the form of the Sun and other luminous substances.

‘Fluids’ — in die form of fats and marrow; — into these he shall withdraw Water.

Such is the withdrawal of the Great Elemental Substances. Next follows the method of withdrawing the gods. — 120

 

 

VERSE 12.121

Section XIII - Summing up of the Esoteric Teaching

 

मनसीन्दुं दिशः श्रोत्रे क्रान्ते विष्णुं बले हरम् ।
वाच्यग्निं मित्रमुत्सर्गे प्रजने च प्रजापतिम् ॥१२१॥

manasīnduṃ diśaḥ śrotre krānte viṣṇuṃ bale haram |
vācyagniṃ mitramutsarge prajane ca prajāpatim ||121||

 

The Moon into the mind, Space into the ear, Viṣṇu into movement, Hara into strength, Agni into speech, Mitra into the excretions, and Prajāpati into the generative organ. — (121)

 

Medhātithi’s commentary (manubhāṣya):

The Moon — one shall withdraw into the mind. The ‘Moon’ here does not stand for what we see moving in the sky, but the deity residing in man’s mind.

‘Space into the ear’ — The organ of hearing.

‘Viṣṇu into movement.’ — Whenever one makes any the slightest movement, it is due to the impelling force of Viṣṇu residing in the man’s body.

Similarly ‘Hara into strength’ — When a man rises, and moves about and does work, all this is the effect of strength which is due to the presence of Hara.

Speech is Agni, and the excretions are Mitra; — all this one shall contemplate upon as such.

Having thus withdrawn all into the body, one shall look upon it all as subsisting in the Self.

When the true nature of the Self has been thus comprehended the man realises that he himself is nothing apart from the Supreme Self.

All meditation shall be carried on in this manner. — 121

 

 

VERSE 12.122

Section XIII - Summing up of the Esoteric Teaching

 

प्रशासितारं सर्वेषामणीयांसमणोरपि ।
रुक्माभं स्वप्नधीगम्यं विद्यात् तं पुरुषं परम् ॥१२२॥

praśāsitāraṃ sarveṣāmaṇīyāṃsamaṇorapi |
rukmābhaṃ svapnadhīgamyaṃ vidyāt taṃ puruṣaṃ param ||122||

 

The ruler of all, who is minuter than the minutest atom, bright like gold, amenable to dream-cognition, — him should one know as the Highest Puruṣa. — (122)

 

Medhātithi’s commentary (manubhāṣya):

‘Ruler’ — Controller ‘of all’ — from the Brāhmaṇa down to the Śūdra, and so on. The determining of the heat and other characteristics of Fire and other things, — the inner light in the Sun, the movement in the sky of the Sun and the Stars, etc., — the laws regulating the operation of actions and their retribution, — all this is due entirely to the controlling power of the Being here referred to. This is what has been thus described — ‘O Gārgī, it is under the sway of this Imperishable One, that, etc., etc.,” (Bṛhadāraṇyaka Upaniṣad, 3.8.9); — and again, ‘That the Sun shines, and gives rain, the Moon gives light, Agni heats, Wind blows, and Death, the fifth, pursues men,’ etc., etc.

‘Minuter than the minutest atom’ — What is generally regarded as the minutest thing conceivable, — e.g., the hundredth part of the hair-tip, — this Being is devoid of even that small dimension; as is described in the text — ‘It is neither huge nor small’ (Bṛhadāraṇyaka Upaniṣad, 3.8.8.) where all qualities are negatived. This Being is cognisable only by means of an exceptionally keen intellect; but never by any. one who is not very expert, or who is not well-versed in the practice of meditation. — 122

 

 

VERSE 12.123

Section XIII - Summing up of the Esoteric Teaching

 

एतमेके वदन्त्यग्निं मनुमन्ये प्रजापतिम् ।
इन्द्रमेके परे प्राणमपरे ब्रह्म शाश्वतम् ॥१२३॥

etameke vadantyagniṃ manumanye prajāpatim |
indrameke pare prāṇamapare brahma śāśvatam ||123||

 

This some people call ‘Agni’; others, ‘Manu-Prajāpati’; others, ‘Indra’; others, ‘Prāṇa’; and yet others, ‘the Eternal Brahman.’ — (123)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this verse.]

 

 

VERSE 12.124

Section XIII - Summing up of the Esoteric Teaching

 

एष सर्वाणि भूतानि पञ्चभिर्व्याप्य मूर्तिभिः ।
जन्मवृद्धिक्षयैर्नित्यं संसारयति चक्रवत् ॥१२४॥

eṣa sarvāṇi bhūtāni pañcabhirvyāpya mūrtibhiḥ |
janmavṛddhikṣayairnityaṃ saṃsārayati cakravat ||124||

 

He it is who, interpenetrating all beings, with his five forms, makes them, revolve constantly like a wheel, through birth, growth and decay. — (124)

 

Medhātithi’s commentary (manubhāṣya):

[The Bhāṣya has nothing to say on this verse.]

 

 

VERSE 12.125

Section XIII - Summing up of the Esoteric Teaching

 

एवं यः सर्वभूतेषु पश्यत्यात्मानमात्मना ।
स सर्वसमतामेत्य ब्रह्माभ्येति परं पदम् ॥१२५॥

evaṃ yaḥ sarvabhūteṣu paśyatyātmānamātmanā |
sa sarvasamatāmetya brahmābhyeti paraṃ padam ||125||

 

He who thus perceives the Self through the Self, in all beings, becomes equal towards all and attains the highest state, Brahman. — (125)

 

Medhātithi’s commentary (manubhāṣya):

‘Attains Brahman’ — becomes unified with Brahman.

Having cultivated sympathy for all beings, he experiences freedom from all love and hate.

What this lays down is the propriety of concentrating oneself upon the idea of the unity of the Self, not allowing it to be interrupted by any notions of diversity. When the notion of diversity is present, one cannot become ‘equal towards all.’

It is only when one has got rid of all notions of ‘I’ and ‘mine,’ — expressed in such ideas as — ‘This is myself,’ ‘this is mine,’ and so forth, — that his notion of unity becomes fixed, and he attains ‘Brahman,’ which is of the nature of unsurpassed Highest Bliss. That is, he is saved from all evil and attains that desirable result which has been described in the scriptures. — 125

 

 

VERSE 12.126

Section XIII - Summing up of the Esoteric Teaching

 

इत्येतन् मानवं शास्त्रं भृगुप्रोक्तं पठन् द्विजः ।
भवत्याचारवान्नित्यं यथेष्टां प्राप्नुयाद् गतिम् ॥१२६॥

ityetan mānavaṃ śāstraṃ bhṛguproktaṃ paṭhan dvijaḥ |
bhavatyācāravānnityaṃ yatheṣṭāṃ prāpnuyād gatim ||126||

 

The twice-born man who reads these Ordinances of Manu, shall be ever equipped with virtue and shall attain whatever state he may desire. — (126)

 

Medhātithi’s commentary (manubhāṣya):

‘Iti’ — indicates the end of the Institutes.

‘He who reads, shall he virtuous.’ Some people explain ‘ācāra,’ ‘virtue,’ as virtuous conduct, in accordance with the ordinances that have been read.

And if he is so, ‘he shall attain whatever state he way desire.’ — 126

 

***

This is the end of the Ordinances of Manu as declared by Bhṛgu.

Thus ends the Manubhāṣya of Medhātithi.

 



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